E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, NOVEMBER 1, 1995 No. 171 House of Representatives

The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE ending September 30, 1996, and for called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the other purposes.’’ pore [Mr. HEFLEY]. gentleman from New Jersey [Mr. f f SMITH] come forward and lead the House in the Pledge of Allegiance. ANNOUNCEMENT BY THE SPEAKER DESIGNATION OF SPEAKER PRO Mr. SMITH of New Jersey led the PRO TEMPORE TEMPORE Pledge of Allegiance as follows: The SPEAKER pro tempore. The I pledge allegiance to the Flag of the Chair announces that there will be fif- The SPEAKER pro tempore laid be- United States of America, and to the teen 1-minutes on each side. fore the House the following commu- Republic for which it stands, one nation nication from the Speaker: under God, indivisible, with liberty and jus- f tice for all. WASHINGTON, DC, SUPPORT PARTIAL-BIRTH f November 1, 1995. ABORTION BAN I hereby designate the Honorable JOEL MESSAGE FROM THE SENATE HEFLEY to act as Speaker pro tempore on (Mr. SMITH of New Jersey asked and this day. A message from the Senate by Mr. was given permission to address the NEWT GINGRICH, Lundregan, one of its clerks, an- House for 1 minute and to revise and Speaker of the House of Representatives. nounced that the Senate had passed extend his remarks.) f without amendment a bill of the House Mr. SMITH of New Jersey. Mr. of the following title: Speaker, why is the pro-abortion move- PRAYER H.R. 1715. An act representing the relation- ment even more fiercely opposed to the ship between workers’ compensation benefits partial birth abortion bill than other The Chaplain, Rev. James David and the benefits available under the Migrant pro-life measures? They insist that this Ford, D.D., offered the following pray- and Seasonal Agricultural Worker Protec- bill would regulate only a small per- tion Act. er: centage of abortions, yet they are out- On this day, almighty God, we pray The message also announced that the raged that the bill is on the docket for all people who are called to public Senate had passed bills of the following today. service, who are committed to serving titles, in which the concurrence of the I think it is this. Usually when we You by serving others and who see oc- House is requested: discuss abortion we talk about every- casions to work for justice and oppor- S. 187. An act to provide for the safety of thing but abortion itself. According to tunity. As they hear the voices from journeymen boxers, and for other purposes; and the rules of the game the abortion con- every side and the inevitable conten- S. 325. An act to make certain technical troversy is about philosophy or reli- tions that mark the days, may Your corrections in laws relating to native Ameri- gion or economics, about everything gift of discernment be imprinted on cans, and for other purposes. but what actually happens in each and their character and may wisdom be The message also announced that the every abortion. their guiding star. Encourage all, O Senate agrees to the report of the com- By addressing one particular kind of God, to grasp facts and understand is- mittee of conference on the disagreeing abortion, this legislation forces us for sues, and yet always to seek the truth votes of the two Houses on the amend- the first time to acknowledge the dark, and the insight and the good judgment ments of the Senate to the bill (H.R. dirty secret of what actually happens. that will give justice and mercy for us 1905) ‘‘An act making appropriations The baby dies. The 23-year coverup and all people. Amen. for energy and water development for about the brutal methods of abortion, f the fiscal year ending September 30, including dismemberment, injections 1996, and for other purposes.’’ of chemical poisons and now brain- THE JOURNAL The message also announced that the sucking procedures is over. The cover- Senate agrees to the report of the com- up is over. The gruesome spectacle of The SPEAKER pro tempore. The mittee of conference on the disagreeing partial-birth abortions forces us to Chair has examined the Journal of the votes of the two Houses on the amend- admit that what happens is death. It last day’s proceedings and announces ments of the Senate to the bill (H.R. forces us to acknowledge that what to the House his approval thereof. 2002) ‘‘An act making appropriations dies is a baby, and we see all too clear- Pursuant to clause 1, rule I, the Jour- for the Department of Transportation ly that the death inflicted on that baby nal stands approved. and related agencies for the fiscal year is unspeakably cruel.

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.

H 11589 H 11590 CONGRESSIONAL RECORD — HOUSE November 1, 1995 WHO IS DRAFTING ECONOMIC Mr. HILLIARD. Mr. Speaker, just night playing trick or treat with senior POLICY? like the wolf that hid in a sheepskin to citizens and Medicare. (Mr. TRAFICANT asked and was kill his prey, so have the Republicans The treat was supposed to be fixing given permission to address the House attempted to act as though they were Medicare and the trick is that the plan for 1 minute and to revise and extend trying to save Medicare. all along was to dismantle Medicare his remarks.) But finally, finally, the Republicans one step at a time. have shown us their true colors, as evi- Mr. TRAFICANT. Mr. Speaker, some- The leader of the other body is actu- denced by Senator DOLE and Speaker thing does not fit. There is civil war in ally proud that he opposed Medicare in GINGRICH’s comments that they are Mexico. The peso is so low it could 1965. Is this the same person who is as- really voting to kill Medicare. walk under a closed door with a top hat suring seniors that he has come to save The Republican leaders comments on on. Mexico’s biggest business is narcot- Medicare, not to bury it? ics and they end up on the streets in Medicare shows us that when it comes America. Up north Canada just dodged to delivering to the rich of America the And in a second surprise after the a bullet. They almost voluntarily self- obscene and bloated Republican-spon- budget votes, the majority leadership destructed. sored tax break, that they will say finally admits that this is the first step After all this I keep reading the pa- anything and even sell out America’s in dismantling the program, and that pers telling us how great the economy seniors to appease their rich masters. the plan is to let Medicare wither on is. Well, if that is the case, how come Well, America is finally getting wise the vine. wages keep going down? Workers are to the Republican half-truths and lies. If these guys were doctors, they afraid of losing their house. Senator DOLE opposed Medicare in might be accused of practicing Dr. Tell me, Mr. Speaker, why is individ- 1965, and he also opposes it in 1995. Krevorkian medicine. ual debt so high in America? Why are Just like the wolf in sheep’s clothing, If they were used car salesmen, they savings so low in America? And after the Republicans have attempted to lure might be eligible for salesmen of the all this, this administration wants a our seniors into a false sense of secu- month. free-trade agreement with Chile. I ask rity, but Senator DOLE’s comments to But since they are the fix Medicare today on the House floor, who is draft- the Conservative Union and the Speak- gang, we need to expose the Halloween ing our economic policies in America? er’s comments to Blue Cross/Blue charade and defend the best health care Larry, Moe, and Curly, or a bunch of Shield have helped us sound the alarm program this country offers for seniors. bureaucratic masochists who never bell to warn our seniors so we may No more trick or treat. How about stood in an unemployment line and are avert this disaster. straight talk on Medicare. so dumb they could throw themselves f at the ground and miss. f f WHO ARE THE WOLVES? (Mr. SCARBOROUGH asked and was CONTROVERSY OVER CASTRO THE DEVIL IS IN THE DENIAL given permission to address the House (Ms. ROS-LEHTINEN asked and was (Mr. HAYWORTH asked and was for 1 minute.) given permission to address the House given permission to address the House Mr. SCARBOROUGH. Mr. Speaker, for 1 minute and to revise and extend for 1 minute and to revise and extend talk about wolves in sheep’s clothing. her remarks.) his remarks.) My gosh, we have got the Democratic Ms. ROS-LEHTINEN. Mr. Speaker, Mr. HAYWORTH. Mr. Speaker, it is President telling us that Medicare goes the award for the most deplorable idol- always an honor to follow my colleague bankrupt by the year 2002. Then they izing of Cuban tyrant Fidel Castro dur- from Ohio in these morning sessions. backpedal for the next 6 months saying This morning, Mr. Speaker, I thought ing his recent United States visit goes we do not have to do anything about I would illustrate a couple of dif- to my Democrat colleague from the Medicare and anybody who does any- ferences between our budget plan, the Bronx, who handed the dictator a pair thing about Medicare to save Medicare conservative commonsense budget of boxing gloves engraved with ‘‘Fidel is somehow a wolf in sheep’s clothing. plan, and what the White House has of- is #1.’’ Talk about a wolf in sheep’s clothing fered. This is the budget reconciliation on the budget issue. We have got a Castro is No. 1 in human rights viola- package. Yes, it is lengthy. Yes, it is President who, as a candidate, said as tions. He is No. 1 in persecution of po- exhaustive. But yes, it is complete. We President I would present a 5-year plan litical opposition. He is No. 1 in detain- have managed to do in less than 40 to balance the budget. ment of political prisoners. He is No. 1 weeks what the liberals could not do in The freshman class presented that. in the persecution of the free press. So 40 years. That is, change the size and MARK NEUMANN presented that. I do those gloves fit Castro to a tee. scope of the Federal Government. On the other hand, here is the Presi- not see the President supporting that. However, given the hugs and acco- dent’s plan, such as it exists. Some in- Then the Republicans come up with a lades my colleague laid on Castro, I teresting charts, a few talking points, 7-year plan that the President opposes. doubt that the ‘‘Fidel is #1’’ slogan was but, Mr. Speaker, the devil is not in He says we can do it in 10 years. Then intended to refer to those Castro char- the details. The devil is in the denial. in New Hampshire he says, ‘‘Well, I acteristics. It was another pathetic dis- As our Speaker and the leader of the think it can be done in 7 years in play of the obvious disregard some other body go down to the other end of May.’’ Then in a press conference in have for the repression that Castro im- Pennsylvania Avenue to meet the October he says, ‘‘I think we can reach poses on the people of Cuba, and for the President, I wonder which President it in 7 years.’’ millions who struggle against his tyr- will show up. ‘‘I think we could reach it in 8 anny. Maybe Castro should return the I hope it is the President who says he years.’’ ‘‘I think we could reach it in 9 favor by sending our colleague a pair of is for a balanced budget in 7 years. I years.’’ gloves engraved: ‘‘Castro’s #1 pawn.’’ I am confused. Help me out, Mr. hope it is the President who says he f wants a tax cut for the middle class. I President, make up your mind and side hope it is the President who says he on the side of the American people. WE CANNOT LET MEDICARE DIE wants welfare reform. If it is that f ON THE VINE President, Mr. Speaker, let him join with us to balance this budget and get MEDICARE (Mr. WATT of North Carolina asked this country back on track. (Mr. UNDERWOOD asked and was and was given permission to address f given permission to address the House the House for 1 minute and to revise for 1 minute and to revise and extend and extend his remarks.) WOLVES IN SHEEP’S CLOTHING his remarks.) Mr. WATT of North Carolina. Mr. (Mr. HILLIARD asked and was given Mr. UNDERWOOD. Mr. Speaker, the Speaker, the Speaker of this House has permission to address the House for 1 morning after Halloween, we awake to indicated that he wants Medicare to minute.) find that the majority has been out all die on the vine. That is his quote. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11591 I do not want Medicare to die on the about more than just press conferences MOTION TO INSTRUCT CONFEREES vine. I want it to live and to continue and talking points, it is about specific ON VA–HUD BILL TO ELIMINATE to provide health care and security to plans. And right now Republicans are ENVIRONMENTAL RIDERS our older Americans. the only ones with a legitimate plan. (Mr. PALLONE asked and was given The Speaker and the Republicans f permission to address the House for 1 have been saying for weeks now that minute and to revise and extend his re- THE DEFICIT HAS ALREADY BEEN what they were trying to do was to marks.) save Medicare. We told you that was CUT Mr. PALLONE. Mr. Speaker, there is not their purpose. Now the truth is out. (Mr. GENE GREEN of Texas asked going to be an effort this afternoon They never wanted Medicare. They and was given permission to address which I support to try to eliminate en- never wanted Medicare in 1965. And the House for 1 minute and to revise vironmental riders that were put into now they want it to die on the vine. and extend his remarks.) the EPA appropriations bill by the Re- We have got to fight to keep it living Mr. GENE GREEN of Texas. Mr. publican leadership. These Republican and serving our senior citizens. We can- Speaker, Members, we hear talk about riders would severely hamper the not let Medicare die on the vine. the 7-year balanced budget and the 10- EPA’s ability to enforce regulations f year balanced budget. that are the veritable backbone of en- MORE ON THE MEDICARE DEBATE We did not develop the debt that we vironmental protection in this coun- have or the deficit in 7 years or even 10 try, leaving the EPA severely crippled (Mr. PASTOR asked and was given years. In fact, in the 1980’s, the deficit and the environment utterly defense- permission to address the House for 1 exploded, but it took us decades to get less. minute and to revise and extend his re- the financial house in the shape that These provisos, supported by the Re- marks.) we have it now. In fact, in 1992, the last publican leadership, would limit EPA’s Mr. PASTOR. Mr. Speaker, again, we year of a Republican administration in say the Speaker made a mistake. Last ability to spend funds on activities re- the White House, we had a $290 billion lated to the Clean Water Act, the Clean weekend I happened to be in Phoenix deficit. This year, that deficit is down with a number of senior citizens at a Air Act, RCRA, and Superfund. They to $163 billion. even prevent the EPA from establish- senior housing project, El Prima Vera, Now, whether we talk about 7 years and they were concerned that we were ing drinking water standards for radon or 10 years, that is all a political game. and arsenic, both known carcinogens. taking away Medicare. I said, what is What we are talking about is that we it, the Democrats in the debate scaring These provisions are criminal in reduced the deficit under a Democratic terms of the effects they will have on you? President, without cutting Medicare, They said, no, our fear has been reas- the environment. Then again, letting without cutting education, and with- sured, reconfirmed, because we have the environmental criminals off the out raiding the pension plans. heard the Republican leadership plan hook is exactly what these provisions We do not need to let Medicare with- and clear, plain English, with the Sen- are all about. er on the vine, Mr. Speaker. ate President telling us that he did not I hope we are successful on a biparti- support Medicare because he thought it f san basis this afternoon in eliminating these riders that severely hamper our would fail, which is false because that KEEPING OUR PROMISES is a safety net that many seniors today ability to prevent the degradation of rely on to get their medical health (Mr. HOKE asked and was given per- the Nation’s environment. care. mission to address the House for 1 f minute and to revise and extend his re- b 1015 marks.) IT IS TIME TO SET OUR COUNTRY And then to top it off, it was the Mr. HOKE. Mr. Speaker, apparently ON THE RIGHT COURSE the previous speaker does not under- Speaker who was not concerned about (Mrs. SEASTRAND asked and was stand the difference between the debt the administration but who wanted to given permission to address the House and the deficit. We are not talking abolish Medicare, and that is the plain for 1 minute and to revise and extend about paying off a debt that it has English truth. her remarks.) taken some 40 years to run up. We are f Mrs. SEASTRAND. Mr. Speaker, talking about balancing the budget and what do the American people want? REPUBLICANS HAVE THE ONLY bringing the deficit from $200 billion They want a Federal Government that PLAN down to zero. is smaller, less costly, and less intru- No question about it, when you have (Mr. ALLARD asked and was given sive. They want us to cut spending and a $5 trillion debt, it would be very dif- permission to address the House for 1 balance the budget. They want relief ficult to pay that off in a 7-year period. minute and to revise and extend his re- from taxes. They want us to reform the Unfortunately, this budget does not do marks.) broken welfare system. And they want that. It does not, in fact, pay off any of Mr. ALLARD. Mr. Speaker, President us to save Medicare from going bank- it, but what it does do is it gets us Clinton says he thinks we can balance rupt. down to zero in terms of deficit. the budget in 7 years. Republicans have This is exactly why the people elect- passed a bill that balances the budget Last week we did pass a balanced budget bill for the first time in 25 ed a Republican majority for the first in 7 years. time in 40 years. They wanted change President Clinton says he wants to years. In doing that, we kept our prom- from the status quo, and we have deliv- cut taxes. Republicans have passed a ise. We kept our promise. ered that change. They wanted Repub- bill that cuts taxes for families and The President made a promise 3 licans to keep our promises to balance promotes economic growth. years ago he was going to balance the the budget, cut taxes, reform welfare, President Clinton says he wants to budget in a 5-year period. He did not and save Medicare. We have kept our save Medicare from bankruptcy. Re- keep that promise. promises. publicans have passed a bill that saves In fact, he gave us a bad budget Now it is our President’s turn. Will Medicare for this generation and sets agreement in 1993 that showed $250 bil- President Clinton keep the promises he the stage for the baby boomers. lion deficits as far as the eye can see. President Clinton says he wants to We made the promise to balance the made? It is time to set our country on end welfare as we know it. Republicans budget. We kept that promise, and that the right course. It is what the people have passed a plan to revolutionize the is probably the most important prom- want. failed welfare system. ise that we could have kept. f Mr. Speaker, talk is cheap. If the Because what does it mean? It means President is going to veto our balanced lower interest rates. It means more DO NOT SHUT DOWN THE budget bill, then he is obligated to prosperity. It means more jobs. It GOVERNMENT show us specifically what he would do means we are not going to be taxing (Mr. DURBIN asked and was given differently. Balancing the budget is our children for our own profligacy. permission to address the House for 1 H 11592 CONGRESSIONAL RECORD — HOUSE November 1, 1995 minute and to revise and extend his re- PROHIBITING DEFENSE in round one,’’ referring to Medicare, marks.) CONTRACTORS FROM LOBBYING ‘‘because we don’t think that is politi- Mr. DURBIN. Mr. Speaker, I would (Mrs. SCHROEDER asked and was cally smart, and we don’t think that is like to tell those who happen to be given permission to address the House the right way to go through a transi- mortgage holders across America they for 1 minute and to revise and extend tion period; but we believe it is going have a surprise in store. It is the Re- her remarks.) to wither on the vine,’’ then you have publican Christmas tax. Mrs. SCHROEDER. Mr. Speaker, ba- not been listening and you have not Here is what it is all about: In order sically what is going on here is not a been watching. to force the President’s hand on this debate about will we cut the budget. Of Because there is nothing new about budget negotiation, Speaker GINGRICH course. It is not a debate about will we this plan to wreck Medicare. It was has suggested he would close down the cut the deficit. Of course. The question only in February that his very own Government. is who bears the brunt of the cuts, and Progress and Freedom Foundation Major economists know if that oc- is that fair. newspaper entitled their lead editorial curs interest rates go up. People who You know, we just heard a 1-minute ‘‘For Freedom’s Sake, Eliminate Social have adjusted rate mortgages, where about charities lobbying. Well, I have Security,’’ and proceeded to say it is the interest rates vary as those inter- an amendment trying to prohibit de- time to slay the largest Government est rates go up, will have to pay more fense contractors from lobbying. Guess entitlement program of all, Social Se- on their monthly mortgage payment. what, it got turned down. You talk curity. So Merry Christmas, America. What about federally subsidized lobbying, What we have had here this year is Speaker GINGRICH would like to do is and boy, did it pay off. They are get- round 1 of eliminating and destroying close down the Government, raise the ting about $8 billion more in defense Medicare and Social Security. interest rates, force higher payments dollars than the President asked for or The Republicans did not come to this on people’s home mortgages. the Joint Chiefs of Staff asked for. Congress to save Social Security and We just read in the paper this morn- So to get to a balanced budget then, Medicare. They came to bury it. ing working families are finding it if you are going to let those paid lobby- f tougher than ever to get by. They do ists have their way, you are going to not need to receive this sort of Christ- have to cut someone else. So who are WHAT DOES THE PRESIDENT mas gift from Speaker GINGRICH, this we cutting? Well, we hear the Speaker REALLY WANT? kind of hidden tax, that imposes a saying he hopes Medicare dies on the (Mr. BARTLETT of Maryland asked greater burden on families in America. vine, so I guess we are going to cut the and was given permission to address It is unfair. older people. We see people saying we the House for 1 minute and to revise What we need is a bipartisan, com- have got to do away with nursing home and extend his remarks.) provisions and so forth. monsense approach that does not cut Mr. BARTLETT of Maryland. Mr. So the issue is not will we, the ques- Medicare, that does not provide a tax Speaker, I suspect that most Ameri- tion is how we, and the question is who break for the wealthiest of Americans. cans are confused as to what the Presi- we listen to. That is what people sent us to Wash- dent wants in a Federal budget. The ington to do. f President has said that he wants, one, f VOTE ‘‘YES’’ ON THE PARTIAL a plan that will balance the Federal BIRTH ABORTION BAN budget in 7 years; two, a plan that will TAXPAYER-SUBSIDIZED LOBBYING save Medicare from bankruptcy; three, (Mr. HOSTETTLER asked and was a plan that will end welfare as we know (Mr. COBURN asked and was given given permission to address the House permission to address the House for 1 it; and, four, a plan that will cut taxes for 1 minute and to revise and extend for families and reduce the capital minute and to revise and extend his re- his remarks.) marks.) gains tax to spur job creation and eco- Mr. HOSTETTLER. Mr. Speaker, my nomic growth. Mr. COBURN. Mr. Speaker, if one friends, can 3 inches really be our guide But the President has never pre- were to take the time to explain the to death over live? current controversy over taxpayer-sub- sented a plan that would balance the Can 3 inches determine the definition budget and do these other things. The sidized lobbying to the average Amer- of ‘‘person’’ under the 14th and 5th ican, I have no doubt that the Istook- Congress has. However, the President amendments? has announced he intends to veto this McIntosh-Ehrlich language would win Have we become so hardened in our plan that will balance the budget the easy approval. hearts that not even the killing of a House and Senate will shortly send to Most of my constituents are flab- child during birth can be recognized as him. bergasted to learn that taxpayer-sub- wrong? Mr. Speaker, I, for one, do not under- sidized lobbying occurs at all. They do It was not always so in America. At stand why the President would veto not believe it is an appropriate use of one point in our history, ‘‘We held the only plan that will balance the their tax dollars. It is only inside the these truths to be self-evident: that all Federal budget and accomplish the beltway that it is considered normal men are created equal; that they are goals he says he supports which is also for groups to receive Federal grants endowed, by their Creator, with certain what the American people want. that enable those same groups to lobby unalienable rights; that among these for more Federal grants. Mr. Speaker, are life * * *.’’ Why go through all of that trouble? this pernicious practice must end. God have mercy on us. What does the President really want, Mr. Speaker? A few weeks ago, the House voted to I urge a ‘‘yes’’ vote on H.R. 1833, the retain the Istook language in an appro- partial birth abortion ban. f priations bill. Now, it is doubtful that f PLAYING WITH FIRE that bill will ever make it to the Sen- ate floor. And Senate conferences on a SAVE SOCIAL SECURITY AND (Mr. BENTSEN asked and was given different vehicle have refused to add it MEDICARE permission to address the House for 1 to that bill. Mr. Speaker, the instincts (Mr. DOGGETT asked and was given minute and to revise and extend his re- of the average American are right. No permission to address the House for 1 marks.) one can plausibly justify the continu- minute and to revise and extend his re- Mr. BENTSEN. Mr. Speaker, there ation of taxpayer-subsidized lobbying marks.) are some in this House who have sug- as we have come to know it. Mr. DOGGETT. Mr. Speaker, adjust gested that perhaps the United States Mr. Speaker, let us say no to busi- your hearing aids, purchase new spec- should default on its debt limit and, ness as usual and at the same time tacles. Yes, if you were surprised to therefore, default on Treasury bonds. stand up for the taxpayer. Yes to the hear NEWT GINGRICH telling the truth As one who came to this House from Istook-McIntosh language on Treas- for a change that he wanted, as his the private sector, who came to this ury—Postal. words say, ‘‘Now, we don’t get rid of it House from the securities industry, let November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11593 me tell you if we default on Treasury the bill, as amended, to the House. The pre- dren. We recognize that children of par- bonds, it will be violating a faith that vious question shall be considered as ordered ents who die before the child’s birth the U.S. Government has had with the on the bill, as amended, to final passage should nevertheless be recognized as rest of the world and with its taxpayers without intervening motion except one mo- heirs of that parents’s estate—estab- tion to recommit with or without instruc- since we came into existence. tions. lishing a property right for unborn If we break that faith, we will never children. We recognize causes of action The SPEAKER pro tempore. The gen- again regain the confidence of the mar- for death or injury to unborn chil- tlewoman from Utah [Mrs. WALDHOLTZ] kets; but, furthermore, we will hurt dren—recognition of their right to be U.S. bondholders which include pen- is recognized for 1 hour. Mrs. WALDHOLTZ. Mr. Speaker, for free from injury or pain. The moment a sioners throughout this country. We the purpose of debate only, I yield the child is born any intentional injury to will hurt homeowners who will see customary 30 minutes to the gen- that child can be prosecuted as child their mortgage rates to up, particu- abuse. And yet, the procedure we de- tleman from California [Mr. BEILEN- larly those who have adjustable rate bate today indisputably causes pain SON] pending which I yield myself such mortgages. and ends the life of partially born chil- Mr. Speaker, you are playing with time as I may consume. During consid- eration of this resolution, all time dren—children whose bodies have been fire if you are talking about defaulting delivered and are outside the mother’s on United States debt. Do not default, yield is for the purpose of debate only. Mr. Speaker, House Resolution 251 is womb but whose heads remain inside or history will find you wrong. a closed rule providing for consider- while the doctor ends the child’s life f ation of H.R. 1833, the Partial-Birth and then finished the birth—except there is no birth now because the child PERMISSION FOR SUNDRY COM- Abortion Ban Act of 1995. The rule pro- vides for 1 hour of general debate is now dead. And currently, our laws do MITTEES AND THEIR SUB- not protect these children. COMMITTEES TO SIT TODAY equally divided between the chairman Mr. Speaker, surely this is an area DURING 5-MINUTE RULE and ranking minority member of the Judiciary Committee and provides for where we can find that elusive common Mrs. WALDHOLTZ. Mr. Speaker, I one motion to recommit with or with- ground—and prohibit a procedure used ask unanimous consent that the fol- out instructions. in lateterm abortions that measures lowing committees and their sub- Mr. Speaker, of all of the issues with the difference between life and death in committees be permitted to sit today which our society, and this Congress, inches. A procedure that one practi- while the House is meeting in the Com- grapples, perhaps none is so conten- tioner admits he has used for purely mittee of the Whole House under the 5- tious and difficult as the issue of abor- elective abortions 80 percent of the minute rule: tion. It is an issue on which thoughtful time. Committee on Commerce, Committee people of good will, who have carefully Mr. Speaker, I submit that this bill is on Economic and Educational Opportu- pondered and considered its various as- a place for us to set aside our other dif- nities, Committee on International Re- pects, passionately disagree, each side ferences and unite in prohibiting a vio- lations, Committee on the Judiciary, believing it is protecting the most fun- lent, morally repugnant practice. I Committee on Science, and the Com- damental of rights. urge my colleagues to support the rule mittee on Transportation and Infra- And yet, as divisive as this issue is, a and the bill. structure. majority of the citizens of our Nation It is my understanding that the mi- Mr. Speaker, I reserve the balance of have sought and found some common my time. nority has been consulted and that ground. One such area of general agree- there is no objection to these requests. Mr. BEILENSON. Mr. Speaker, I ment relates to use of taxpayer funds. yield myself such time as I may The SPEAKER pro tempore (Mr. Most Americans do not think the EFLEY). Is there objection to the re- consume. H money they send to their Government quest of the gentlewoman from Utah? should be used to pay for elective abor- Mr. Speaker, I thank the gentle- There was no objection. tions. woman from Utah [Mrs. WALDHOLTZ] f Mr. Speaker, I believe that the bill for yielding the customary 30 minutes of debate time to me. b 1030 that we will debate today is another area where we can find that common Mr. Speaker, we oppose in the strong- PROVIDING FOR CONSIDERATION ground. Because through this bill we est possible terms both this closed rule OF H.R. 1833, PARTIAL-BIRTH will bring to an end a practice that is and the legislation it makes in order. ABORTION BAN ACT OF 1995 so gruesome and horrific and so repug- This is, we believe, a dangerous piece of Mrs. WALDHOLTZ. Mr. Speaker, by nant to the valuing of human life that legislation that makes it a crime to direction of the Committee on Rules, I the American Medical Association’s perform a medically established, safe call up House Resolution 251 and ask Council on Legislation voted unani- method of completing late abortions. for its immediate consideration. mously to recommend that the AMA We oppose the bill not only because it The Clerk read the resolution, as fol- Board of Trustees endorse this bill, is the first time the Federal Govern- lows: with one member voting that the coun- ment would ban a form of abortion, but also because it is part of an effort to H. RES. 251 cil members agreed that this procedure make it virtually impossible for any Resolved, That at any time after the adop- is basically repulsive. tion of this resolution the Speaker may, pur- Mr. Speaker, let me stress that this abortion to be performed late in a preg- suant to clause 1(b) of rule XXIII, declare the debate is not about the myriad of other nancy, no matter how endangered the House resolved into the Committee of the issues relating to abortion. This bill is mother’s life on health might be. Whole House on the state of the Union for very narrowly drawn to address only On a personal note, Mr. Speaker, if I consideration of the bill (H.R. 1833) to amend this particular procedure, and that is may say so as the author of Califor- title 18, United States Code, to ban partial- why we have brought this bill to the nia’s Therapeutic Abortion Act, which birth abortions. The first reading of the bill our then Governor Mr. Reagan signed shall be dispensed with. General debate shall floor under a closed rule. While the be confined to the bill and shall not exceed Rules Committee has successfully into law back in 1967, which is one of one hour equally divided and controlled by worked to drastically reduce the num- the first laws in the Nation passed to the chairman and ranking minority member ber of closed rules in this Congress as protect the lives of women, I cannot of the Committee on the Judiciary. After compared to past years, it is appro- express how strongly and strenuously I general debate the bill shall be considered as priate to limit the debate on this very oppose the bill, and how profoundly sad read for amendment under the five-minute narrow proposal, and not attempt to and disturbing I find it that we seem to rule. The amendment in the nature of a sub- use this as a vehicle to debate the enor- be poised to turn back the clock 30 stitute recommended by the Committee on years by insisting again, as we used to, the Judiciary now printed in the bill shall be mous range of contentious issues relat- considered as adopted in the House and in ing to abortion. that the State, and not the individual the Committee of the Whole. At the conclu- Mr. Speaker, we have some anoma- woman and her family, make this most sion of consideration of the bill for amend- lies in our laws across the country re- personal and horrific decision for every ment the Committee shall rise and report garding the rights and interests of chil- family facing this tragic choice. H 11594 CONGRESSIONAL RECORD — HOUSE November 1, 1995 Mr. Speaker, we believe it is an un- only one that would have saved the provision for that is simple: The bill al- constitutional infringement on the woman’s life. This is not a life excep- ready permits a physician to perform a right to an abortion. It directly chal- tion at all. It is only an affirmative de- partial-birth abortion if he reasonably lenges the Roe versus Wade decision to fense, not an exception to the ban. It believes that it is necessary to save the protect a woman’s right to choose; it shifts the burden of proof to the doctor life of the mother, and that no other contravenes the central holding of Roe when he is already under indictment, procedure would suffice for that pur- that the Government may not ban an already in court, already forced to have pose. abortion where it is necessary for the undergone lengthy and expensive legal Mr. Speaker, even the most ardent preservation of the life or health of the proceedings. The Johnson amendment opponents of partial-birth abortion mother. Under the bill, preserving the is extremely important, and Members would not wish to allow women’s lives health of the mother is no defense at should have been allowed the oppor- to be endangered. all, so the bill would sacrifice a wom- tunity to debate it and to vote on it. But make no mistake: Partial-birth an’s health to serve an extreme politi- Finally, Mr. Speaker, the amendment abortions are being performed for cal agenda. by the gentleman from North Carolina many other elective reasons. According The bill is so vague that it is bound [Mr. WATT], which would have returned to the National Abortion Federation a to produce a chilling effect on a broad the burden of proof in these cases to national coalition of abortionists, late- range of abortion procedures. Physi- the Government, where it belongs, term abortions are performed for fetal cians will think long and hard about should have been allowed. indications, lack of money or health whether they can endure practicing As the gentleman from North Caro- insurance, social crises, or lack of medicine under the constant threat of lina testified, the burden of proof in knowledge about human reproduction. imprisonment, of civil lawsuits, and criminal cases is always on the Govern- One abortionist even stated that he with the knowledge Congress has for- ment. This bill upsets that time-hon- performed nine partial-birth abortions bidden them from exercising their best ored legal standard by requiring the de- because the unborn baby had a cleft professional judgments on behalf of fendant, in this case the physician, to lip. their patients. prove that the procedure was necessary Mr. Speaker, this repulsive procedure Mr. Speaker, the U.S. Congress has to save a woman’s life, and that no is the act of a culture of death. Even at absolutely no business passing judg- other procedure was available. This the turn of the century, American suf- ments on lifesaving medical proce- basic and fundamental standard of law fragettes recognized abortion as ‘‘child dures. This legislation is reprehensible should not be reversed in this bill. This murder’’, in the words of Susan B. An- in its arrogance and it is an unprece- is a great disservice not only to the thony. Along with Elizabeth Cady dented intrusion by the Congress into medical people involved, but to our en- Stanton, another one of the organizers the practice of medicine and into the tire legal system. Mr. Speaker, we of the women’s right-to-vote move- private lives of our Nation’s families at frankly find it outrageous that the ment, whose 75th anniversary we cele- a time when they are facing the most gentleman from North Carolina [Mr. brate this year, Susan B. Anthony also terrible decisions they will ever, ever WATT], was not allowed to offer this wrote, ‘‘When a woman destroys the have to make. very basic, very necessary amendment, life of her unborn child, it is a sign It is bad enough Members are being which we believe the Members in their that, by education or circumstances, asked to vote on this irresponsible wisdom would have seen fit to adopt. she has been greatly wronged.’’ piece of legislation. To make matters Mr. Speaker, this legislation before Let us not continue to offer partial- worse, we are being required to con- us is an uncalled for expansion of the birth abortions to women as a solution sider this very controversial bill under Federal Government’s power. It is one to real-life problems. In the spirit of a completely closed rule. There is sim- more step in the move to end a wom- our American suffragettes, support the ply no excuse. There is simply no good an’s access to safe and legal abortions. rule and the Partial-Birth Abortion reason for denying Members any oppor- It is so broadly written it will surely Ban Act of 1995. Your conscience will tunity at all to try to cure the obvious prevent physicians from performing make you glad you did. defects in this legislation. those lifesaving late-term abortions Mr. BEILENSON. Mr. Speaker, I At the very least, if we could not that are being performed because of de- yield 3 minutes to the gentlewoman consider the bill under an open rule, formities that prevent the fetus’ sur- from Colorado [Mrs. SCHROEDER]. the majority should have allowed votes vival or because a woman’s life, health, Mrs. SCHROEDER. Mr. Speaker, I on three very critical amendments. or future reproductive capacity may be thank the gentleman for yielding me First, the Farr-Lofgren amendment, severely threatened. this time. which would have given us the oppor- We strongly oppose the rule before us Mr. Speaker, indeed this is a very, tunity to add language to the bill to and the bill it makes in order. We urge very tragic day and decision, and this create a life and health exception to defeat of the rule. rule is even more tragic, because it the abortion ban. This is a fundamen- Mr. Speaker, I reserve the balance of closes the door on the life or health of tal concern, obviously, to women and my time. the mother. This is a closed rule, and it their families. Mrs. WALDHOLTZ. Mr. Speaker, I says that this procedure cannot be used Without this exception, Mr. Speaker, yield such time as he may consume to for the life or health of the mother. the bill will force women and their the gentleman from New York [Mr. This is in violation of Roe versus Wade, physicians to resort to procedures that SOLOMON], the chairman of the Com- which says States can put all sorts of may be more dangerous to the woman’s mittee on Rules. restrictions on late term abortions, health than the method banned. This Mr. SOLOMON. Mr. Speaker, I thank and I certainly support that, but they amendment would permit Members to the gentlewoman for yielding me this cannot restrict them when it comes to cast a vote that respects the para- time. life or health of the mother. mount importance of women’s health Mr. Speaker, there are five good rea- b and future fertility. sons for granting a closed rule for the 1045 We also believe strongly the amend- Partial-Birth Abortion Ban Act. Here So if this rule goes forward and we ment offered by the gentlewoman from they are: are not allowed to bring the life of the Connecticut [Mrs. JOHNSON], should The act pictured here in these photo- mother and all of the, I think, justice have been made in order. Her amend- graphs, is, in the words of the Amer- that that brings with it to this floor, I ment would have created a life excep- ican Medical Association’s Legislative am appalled that we have shut down tion to the abortion ban. We heard yes- Council, basically repulsive. that plea. terday in the Committee on Rules ex- The Rules Committee crafted this Mr. Speaker, people will say that the tremely compelling testimony about rule in a bipartisan fashion. Some life of the mother is protected in this how critical this exception is. Members voiced support for the addi- bill. That is absolutely wrong. All this The bill before us contains a very tion of a life-of-the-mother amendment bill allows is, after a doctor is arrested narrow affirmative defense for cases to be allowed to this legislation. The in a criminal offense, the doctor then where the banned procedure was the reason that this closed rule makes no has the burden of proof to prove that November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11595 there was no other way that they could merous reasons why the IDE procedure may abortion and say yes or no. If this rule do this, and that is a very difficult bur- be medically appropriate in a particular is adopted Members of Congress who den of proof. And who in the world is case, and there is virtually no scientific evi- have sincere differences about abortion dence supporting a ban on its use. going to submit to being arrested first. CMA recognizes that this type of abortion will be faced with one important ques- So the life of the mother is given very procedure performed late in a pregnancy is a tion and only one: Whether this proce- secondary status here. very serious matter. However, political con- dure, which inflicts a death so cruel But let me read from the California cerns and religious beliefs should not be per- that it would never be inflicted on a Medical Society’s 38,000 doctors. They mitted to take precedence over the health convicted murderer, so cruel that it say, in their letter to this body, and safety of patients. CMA opposes any leg- would surely be a crime to inflict such An abortion performed in the late tri- islation, state or federal, that denies a preg- torture on a dog, is too cruel to be in- nant woman and her physician the ability to mester of pregnancy is extremely difficult flicted on a child. for everyone involved, and we wish to clarify make medically appropriate decisions about we are not advocating the performance of the course of her medical care. The deter- Mr. Speaker, the abortion industry elective abortions in this late stage of preg- mination of the medical need for, and effec- knows that it can never win unless it tiveness of, particular medical procedures nancy. However, when serious fetal anoma- deflects attention away from itself, must be left to the medical profession, to be lies are discovered late in a pregnancy or a away from the abortion procedures and reflected in the standard of care. It would set pregnant woman develops life-threatening a very undesirable precedent if Congress on to something else. So this industry medical conditions inconsistent with the were by legislation fiat to decide such mat- and its supporters are particularly in- continuation of that pregnancy, abortion, ters. The legislative process is ill-suited to furiated when anyone threatens to de- however heart wrenching, may be medically evaluate complex medical procedures whose necessary. And in such cases the procedure scribe an abortion procedure in detail. importance may vary with a particular pa- described in this bill would be outlawed, and They attack as dangerous, an extrem- tient’s case and with the state of scientific it would prohibit all sorts of medical bene- ist, anyone who would describe such a knowledge. procedure either with words or with fits and the chance to give safer alternatives CMA urges you to defeat this bill. The pa- to her by maintaining uterine integrity, re- tients who would seek the IDE procedure are pictures. So they know if this rule is ducing blood loss, and other potential com- already in great personal turmoil. Their adopted, if we have a fair and honest plications, physical and emotional trauma should not be and thorough discussion today, not including death. compounded by an oppressive law that is de- about side issues, but about the partial Mr. Speaker, how can we turn our void of scientific justification. birth abortion procedure itself, the back on that? Never, never have we Sincerely, abortion debate will forever change. outlawed a medical procedure or EUGENE S. OGROD, II, M.D., Americans will see that the real ex- criminalized it, and here we are doing President. tremists are not the people who insist it, even if it is for the life of the moth- Mrs. WALDHOLTZ. Mr. Speaker, I on calling attention to the grizzly de- er. Vote ‘‘no’’ on this rule. yield 5 minutes to the gentleman from tails of abortion, such as dismember- The information referred to above is New Jersey [Mr. SMITH]. ment of the unborn child, including in- included for the RECORD as follows: Mr. SMITH of New Jersey. Mr. jections of high concentrated salt solu- CALIFORNIA MEDICAL ASSOCIATION, Speaker, I think the record should be San Francisco, CA, October 24, 1995. very clear that in the past, prior to tions and other kinds of poisons that RE. H.R. 1833. Roe versus Wade, abortion was illegal chemically burn and then kill the Hon. SAM FARR, and unborn children were protected in baby, or this particular method, a U.S. House of Representatives, Washington, DC. most of the States and it was the doc- brain sucking method of abortion. DEAR REPRESENTATIVE FARR: The Califor- They will see that the real extremists nia Medical Association is writing to express tors that were prosecuted, the abor- tionists, the quacks, who were doing are those who actually do these hei- its strong opposition to the above-referenced nous procedures and want to keep it a bill, which would ban ‘‘partial-birth abor- those abortions. So the previous speak- tions.’’ We believe that this bill would create er’s statement simply is not true. secret. an unwarranted intrusion into the physician- Mr. Speaker, the vote on this rule The dangerous person is not the one patient relationship by preventing physi- boils down to one simple question. Will who shows us the pictures or who de- cians from providing necessary medical care our discussion and our votes today be scribes abortions, the dangerous per- to their patients. Furthermore, it would im- about the procedure known as partial son, the child abuser, is the one de- pose an horrendous burden on families who birth abortion or will the organized are already facing a crushing personal situa- picted in the picture, the person hold- tion—the loss of a wanted pregnancy to pro-abortion forces succeed again in di- ing the scissors at the base of the which the woman and her spouse are deeply verting the debate and muddying the baby’s skull. committed. waters? Mr. Speaker, Dr. Martin Haskel, one The professional abortionists and the An abortion performed in the late second of the leaders in trying to promote this trimester or in the third trimester of preg- paid representatives of the abortion in- method who has actually done hun- nancy is extremely difficult for everyone in- dustry desperately want to avoid a con- dreds of these partial birth abortions, volved, and CMA wishes to clarify that it is gressional debate on what actually said in a recorded interview that 80 not advocating the performance of elective happens in this procedure or any other abortions in the last stage of pregnancy. percent of the partial birth abortions method of abortion for that matter. However, when serious fetal anomalies are are elective abortions, abortions on-de- They already know better than anyone discovered late in a pregnancy, or the preg- mand, not life of the mother abortions, else the gruesome details about every nant woman develops a life-threatening med- which again this bill would allow. Dr. method of abortion. The abortion lobby ical condition that is inconsistent with con- Haskel describes it this way. These are tinuation of the pregnancy, abortion—how- also knows that most Members of Con- his words. ‘‘The surgeon forces the scis- ever heart-wrenching—may be medically gress who generally vote on their side sors into the base of the skull. Having necessary. In such cases, the intact dilation of the issue, like most Americans, are safely entered the skull, he spreads the and extraction procedure (IDE)—which really not pro abortion in their heart would be outlawed by this bill—may provide scissors to enlarge the opening. The substantial medical benefits. It is safer in of hearts. Mr. Speaker, they know that today, surgeon then removes those scissors several aspects than the alternatives, main- and introduces a suction catheter into taining uterine integrity, and reducing blood if this rule is adopted, the abortion de- bate will shift from the abstract to the the hole and evacuates the skull con- loss and other potential complications. It tents. That is the brain of an unborn also permits the parents to hold and mourn real. They know that the 23 year cover- the fetus as a lost child, which may assist up by the multibillion dollar abortion baby. Evacuates the skull contents.’’ them in reaching closure on a tragic situa- industry, with the complicity of many How dehumanizing. tion. In addition, the procedure permits the in the media, will be over and history Mr. Speaker, let us have a real de- performance of a careful autopsy and there- will be made. bate on this issue today. Abortion fore a more accurate diagnosis of the fetal For the first time ever we will di- methods and the coverup that has gone anomaly. As a result, these families, who are extremely desirous of having more children, rectly confront the violence of what on for so long must end. Abortion is can receive appropriate genetic counseling the abortionist actually does. For the child abuse. This is a particularly hei- and more focused prenatal care and testing first time ever we will directly nous form of that child abuse. Why are in future pregnancies. Thus, there are nu- confront the child abuse called legal so many good people on the other side H 11596 CONGRESSIONAL RECORD — HOUSE November 1, 1995 and on this side, that I know and re- enable them to become productive when life begins and differences of spect, defending this kind of abuse members of society. We have not done opinion about the point beyond which against children? a good job so far, and I am afraid to life should be protected. I urge Members to vote for the say, this House has been unraveling so- But this procedure—the partial-birth Canady bill. Vote for this rule. We need cial programs all too easily. Until our abortion—is so grotesque—so inhu- to end this legalized child abuse. These Nation makes a commitment to offer- man—that I can see no way at all that children are precious. We have to look ing pregnant women and their children any rational person could defend it. at life and birth really as an event that a promising future, I am afraid the de- Join me in doing what is right by happens to each and every one of us. In mand for abortion will not subside. supporting the partial birth abortion this particular bill we are talking Enough is enough. I’m glad we have a ban act. about a baby who is half born. The feet very clean bill in front of us. The vote are literally out of the mother’s womb. is clean—up or down. Yes or no. No b 1100 Vote for the Canady amendment and vagueness, no cloudiness to the issue. Mr. BEILENSON. Mr. Speaker, I vote for this rule. No chance to say my vote will be a yield 2 minutes to the gentleman from Mr. BEILENSON. Mr. Speaker, I definite maybe. If there’s one thing Michigan [Mr. CONYERS], the distin- yield 3 minutes to the distinguished this Congress ought to do this year is guished ranking Democratic member gentleman from Ohio [Mr. HALL], my stop this very reprehensible and grue- on the Committee on the Judiciary. good friend. some technique of abortion. We treat (Mr. CONYERS asked and was given (Mr. HALL of Ohio asked and was dogs better than this. Vote yes on this given permission to revise and extend permission to revise and extend his re- bill. marks.) his remarks.) Mrs. WALDHOLTZ. Mr. Speaker, I Mr. CONYERS. Mr. Speaker, this Mr. HALL of Ohio. Mr. Speaker, I yield 4 minutes to the gentleman from vote against the rule is very impor- want to thank my friend, the gen- Kentucky [Mr. BUNNING]. tant. tleman from California [Mr. BEILEN- (Mr. BUNNING of Kentucky asked SON], a gentleman, a good legislator, and was given permission to revise and I urge all Members to vote against and a very fine man for yielding time extend his remarks.) this rule. It is a sham. to me. Mr. BUNNING of Kentucky. Mr. Despite all the rhetoric on open Mr. Speaker, I stand up as a sponsor Speaker, the title of this bill which we rules, we get the door slammed shut of this legislation, actually I am proud debate today includes the ultimate in when it comes to the most important to be an original cosponsor. gory contradictions—partial birth— issue of all: life and death. While abortions, except to save the abortion. Unfortunately, this con- Because that is what this bill is mother’s life, are wrong for those of us tradictory term accurately depicts this about. It says that even when a mother who believe in life, this particular pro- horrendous abortion procedure in is in danger of losing her life, she may cedure is doubly wrong. It requires a which a viable child is pulled partially not undergo a late-term abortion, even partial delivery and involves pain to from the womb only to be killed inches if the physician says it is necessary to the baby. from life. It goes beyond repulsive. It save her life. Mr. Speaker, you will hear the medi- goes beyond grotesque. That issue of life and death of the cal details of these abortions from H.R. 1833 would prohibit abortionists mother is thus relegated to the 5 min- other witnesses, but I simply lend my from committing this horrible medical utes in a motion to recommit. That is support to the bill as one who ascribes procedure. While some of my col- an insult to this minority and it is an to a moral code and common sense. A leagues might suggest this is the first insult to women. compassionate society should not pro- step in overturning Roe versus Wade, The language that a threat to a mote a procedure that is gruesome and that is not the case at all. I wish we mother’s life is an ‘‘affirmative de- inflicts pain on the victim. We have hu- were considering legislation to do away fense’’ is also a sham in the bill. Any- mane methods of capitol punishment. with abortion altogether, but this bill one familiar with how the legal system We have humane treatment of pris- doesn’t do that. This is simply a bill to works knows that this means a doctor oners. We even have laws to protect prohibit one particularly despicable could still be arrested, prosecuted, animals. It seems to me we should have method of abortion. have to retain an attorney, suffer some standards for abortion as well. As a father of 9 children and a grand- through a trial, before he could even Many years ago surgery was per- father to 28, I have had a lot of experi- suggest the defense of life and death formed on newborns with the thought ence in the wonders of new life being necessity. that they did not feel pain. Now we brought into this world. When a baby is know they do feel pain. According to This bill is not written with the in- born, it is the most innocent of crea- Dr. Paul Ranalli, a neurologist at the terests of the American family in tures, its hands reach out for some- University of Toronto, at 20 weeks a mind, but rather represents a cynical thing to hold, its leg stretch and kick human fetus is covered by pain recep- attempt to exploit a highly sensitive with energy, and its cry is filled with tors and has 1 billion nerve cells—more and personal issue. life. than us, since ours start dying off with We learned at the hearings that third Compare this to what occurs during a adolescence. Regardless of the argu- trimester abortions are incredibly partial-birth abortion. The baby exits ments surrounding the ethics of the rare—less than one one-hundredth of 1 the uterus, its hands extend to hold its procedure, it does seem that pain is in- percent of abortions are performed mother, its legs kick wildly in the air flicted. after 24 weeks. Only three doctors in Finally, Mr. Speaker, I do not want as the child attempts to breathe, but the entire United States are known to to discuss a bill relating to abortion its first breath will never come. As reg- offer abortions during this time period. without saying that we have a deep istered nurse, Brenda Pratt Schafer, of We also learned that abortion late in moral obligation to improving the Dayton, OH, who has witnessed this a pregnancy typically occurs under the quality of life for children after they procedure describes it: most tragic of circumstances—the are born. I am a Member of Congress The doctor kept the baby’s head just inside fetus may be severely disfigured and who is opposed to abortion. But, I the uterus. The baby’s little fingers were have little chance of long-term sur- clasping and unclasping, and his feet were vival, or a mother may have contracted could not sit here and honestly debate kicking. this subject with a clear conscience if I Then the doctor stuck the scissors through a serious disease which did not exist at did not spend a good portion of my the back of his head, and the baby’s arms the beginning of the pregnancy. time on hunger and trying to help chil- jerked out in a flinch, a startled reaction, Ironically, the so-called D&X proce- dren and their families achieve a just like a new baby does when he thinks that he dure sought to be outlawed by this bill life. might fall. is very often the safest procedure from We need to promote social policies Abortion has always been a con- the mother’s perspective, and that the that ensure the mother and child will troversial issue in this body. There are terms of the bill are so vague that they receive adequate health care, training so many strong differences of opinion are likely to inhibit all third trimester and other assistance that will, in turn, involved—differences of opinion about abortions. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11597 Despite these concerns, the Repub- bate. The procedure that has been de- No one in this House, no one in any licans are rushing through a bill that scribed as a partial birth abortion is Congress has the right to put that risk goes against the very principles they abhorrent, it is repugnant, it is grue- of my wife’s life to task. purport to stand for in a crude effort to some. But that is not the only issue. It Yesterday morning I talked to our take political advantage of the very seems to me that we have to logically physician, the person that we hope will difficult choices facing American fami- and in all fairness consider the life of deliver a health baby in just a few lies. the mother. This rule does not allow us weeks. He told me that this bill as How else can we explain a bill that to do it. written could force him to choose in an would—for the very first time—federal- They say, well, we have an affirma- emergency between risking his pa- ize the regulation of abortion, a matter tive defense. That means that the doc- tient’s life, my wife’s life, or his going traditionally left to the discretion of tor has to be arrested, he is in the proc- to prison. This Congress has no right to the States? How else can we explain a ess of prosecution, he has been humili- put that choice before any physician, bill that would decimate the tradi- ated he has the expenses, and then, yes, to make a doctor choose between keep- tional doctor-patient privilege and he gets to defend himself and say I ing his oath as a doctor or going to shred constitutional protection of a made a decision on the mother’s behalf. prison. woman’s health? And how else can we That is not the way this bill ought to This bill is not about saving the lives explain the creation of a new tort ac- operate. of babies. It is about risking the lives We ought to have the opportunity to tion, with no dollar caps whatsoever? of mothers and their chance to have debate not whether we ought to have The sponsors are so intent on using the babies. This bill is not about protecting the procedure, because I do not want civil justice system to inhibit third tri- babies from late-term abortions. Look the procedure. What we ought to de- mester abortions that they would au- at it. Read it. The fact is this bill does bate is whether we ought to consider thorize lawsuits by men who have com- not prohibit late-term abortions, not a the life and the reproductive future of mitted rape or incest. single one. It deals with procedure. Vote against the rule, please. the mother as we make this decision. Mrs. WALDHOLTZ. Mr. Speaker, I The gentlewoman from Utah said What this bill does do, though, is yield 2 minutes to the gentlewoman that this is an important issue. It is an allow Members of Congress, in our from Connecticut [Mrs. JOHNSON]. important issue. It is not a fiscal issue. great medical wisdom, to dictate to Mrs. JOHNSON of Connecticut. Mr. It is a moral and an ethical issue. It is physicians what medical procedures Speaker, I rise in strong opposition to an issue on which we ought to have a cannot be used even if those procedures this rule and urge my colleagues to de- full debate and not a closed rule. maximize the chance of living for one’s feat it. This will be the first time that Mr. BEILENSON. Mr. Speaker, I wife or one’s daughter. this Congress will address the subject yield 5 minutes to the distinguished To my colleagues who share my per- of abortion without clearly protecting gentleman from Texas [Mr. EDWARDS]. sonal belief that late-term abortion the life of the mother. Mr. EDWARDS. Mr. Speaker, in 6 should only be used in rare and ex- I went to the Committee on Rules weeks my wife will have our first child. treme cases, I plead with you to read with an amendment that would very I cannot put into words the joy that this bill. Read it. It does not accom- narrowly protect the life of the moth- she and I share together. For months plish that goal. To my colleagues, even er. It was very clear. It would just this baby has been at the center of our those that are pro-life, I plead with you allow the physician to take into ac- hearts and our hopes and our dreams to ask this question of yourself. If the count preservation of the life of the and our prayers. life of your wife or your daughter or mother. Never have we addressed this One of those prayers is that this lit- your granddaughter were at risk, if issue without clearly protecting the tle baby comes into the world with per- their ability, your wife, your daughter, life of the mother. fect health. But if for any reason our your granddaughter, their ability to We should not abrogate our alle- child has physical or mental disabil- have future children were to be at risk, giance to women, facing the most ter- ities, we will love that child and nur- who do you want to make the decision rible personal tragedy any of us could ture it even more. But God forbid, if about what best medical procedure to be called upon to face, without protect- our physician in the next several weeks use? This Congress or your loved one. ing her life, without allowing her and tells my wife that our baby for what- If you agree with me that that dif- her husband to protect her life. Voting ever reason has no chance of life, and ficult choice should be left to our fami- ‘‘no’’ on this rule will not kill the bill. that terminating this pregnancy was lies and to our loved ones, not the poli- It will merely allow the Committee on the best way to save my wife, my love ticians and pollsters, then I plead with Rules to return to this House a bill one’s life, and her ability to have chil- you to vote ‘‘no’’ on this rule and ‘‘no’’ with a rule that will allow us to con- dren, to have the joy that some of you on this bill. sider the two amendments that would have already had, then that difficult Mrs. WALDHOLTZ. Mr. Speaker, I assure that a woman’s life and repro- choice should be my wife’s and mine to yield myself such time as I may ductive future can be taken into ac- make with her doctor, not this Con- consume. count as she and her physician and hus- gress’ choice to make. band decide how best to deal with a No politician, no pollster, no interest Mr. Speaker, before I yield to the level of tragedy most of us will never group, so election should determine next speaker, I think it is important experience. that choice for my wife and for me and that we note exactly what we are talk- Men and women of this Congress, if it our family. ing about. I have great respect and were your daughter, would you not If my wife’s life or her ability to have agree with those who say that we need want her life, her reproductive hopes more children were to be at risk, I to protect the lives of mothers, but and dreams, protected? Would you would want her doctor to be able to this procedure, Mr. Speaker, is not compound her agony? Would you consider whatever procedure best pro- used for what people believe are emer- compound her peril? Vote ‘‘no’’ on this tects her and that ability to have chil- gency lifesaving procedures or cir- rule. The Committee on Rules can dren. cumstances, because this procedure re- bring back the bill with the right rule, What so offends me about this bill is quires 3 days to execute. so that we will have an opportunity to that a physician could be sent to prison Mr. Speaker, 9 weeks ago Thursday, I discuss fully the issues that are at for saving my wife’s life. Let me repeat gave birth to my first daughter. I had stake here both for the woman and for that, because it is incredulous, but it is to have my labor induced because my the child. I urge a ‘‘no’’ vote true. Under this bill, a physician could daughter was experiencing some dif- Mr. BEILENSON. Mr. Speaker, I be sent to prison for saving my wife’s ficulties and she needed to be born yield 1 minute to the gentleman from life. That is wrong, that is immoral, quickly. But it nevertheless took over Maryland [Mr. WYNN]. that is unconscionable. 24 hours to induce my labor to the Mr. WYNN. Mr. Speaker, this is a bill No Member of this House has the point that we could begin the real work with very good intentions, but this is a right to put the life of my wife or her of delivering my daughter. So this is terrible rule. As a Member, I am of- ability to let us share in the joy that not a procedure that is used in emer- fended that we cannot have a true de- you have shared in in having children. gency life-threatening situations. H 11598 CONGRESSIONAL RECORD — HOUSE November 1, 1995 With that, Mr. Speaker, I yield 2 Do we know on restraint? Is nothing then, weigh the fact that once they do minutes to the gentleman from Okla- sacred for the individual from the in- it, they will have to go to court and homa [Mr. ISTOOK]. terference of government? prove that the life of the mother was Mr. ISTOOK. Mr. Speaker, I rise in Vote down this rule, my colleagues. truly at stake or that no other proce- support of the rule and in support of Return this tragic decision to where it dure was possibly available. What kind the rule and in support of this legisla- belongs, in the doctor’s office with the of choice is that? What kind of country tion. family. is this? Five times my wife and I have been Mrs. WALDHOLTZ. Mr. Speaker, I If you wish to debate the issue of pro- blessed to give birth to a child, five yield 1 minute to the gentleman from life versus pro-choice, let us do it. My times the opportunity to hold a brand Georgia [Mr. DEAL]. view that this is a matter that should new, newborn baby. Mr. DEAL of Georgia. Mr. Speaker, be left to the individual because some Mr. Speaker, it sickens me to think the issue of abortions is, perhaps, the people believe life begins at concep- that some people believe it is a proper most divisive subject to enter the po- tion, some people believe life begins at practice to delivery all of a baby, save litical arena. It is a specific subject en- birth and others believe it begins some- only the head, and then before birth oc- compassed with other broader subjects where in between is not an issue for the curs, to jam a set of scissors into the of religion, morality, and constitu- Government to decide but for us and back of the skull of that child and tional rights. Theologians and jurists our maker. But do not try this back- scramble its brains. That is what we have struggled with this subject for door way of intimidating physicians to are talking about, Mr. Speaker. centuries, and in recent decades, as the do something perfectly legal. quest to establish a civilized balance Should that be legal in a civilized so- Mrs. WALDHOLTZ. Mr. Speaker, I between the rights of the mother and ciety? We are talking about civiliza- yield 11⁄2 minutes to my colleague, the those of her unborn child have intensi- tion versus barbarism. gentleman from Kansas [Mr. TIAHRT]. fied, certain markers or points of de- Some people may not want to recog- Mr. TIAHRT. Mr. Speaker, I rise nize the practice that we seek to pro- marcation have been sought. Viability and corresponding trimesters of preg- today as a supporter of this rule, this hibit. Some people did not want to look bill and a strong advocate for the when Hitler was slaughtering the Jews nancy have become the courts’ stand- ard. As uncertain and arbitrary as this human rights of all Americans, both or Stalin was slaughtering his country- born and unborn. men. I am sure they did not want to standard may be, since it has a fluctua- tion factory of months or weeks, there This Nation must raise the value of look when Pharaoh went after the life if we are to survive as a nation, as newborns or King Herod went after the should be no disagreement that partial- birth abortions should be prohibited— a prosperous people. We must value newborn children, either. human life. It was slaughter, nevertheless, Mr. for here, the difference between life and death is not months or weeks or My colleagues, this is an appropriate Speaker. If we do not look, if we do not rule, because this procedure is so hor- understand what is being done, and in- days, it is a few centimeters. Surely, no civilized society should rible, so inhumane that we should be stead of barbarity, they call it a tolerate such a barbaric procedure that able to vote right now without ques- choice. We have got to get away from allows the brains of a baby to be tion to protect the lives of these little that kind of language. We have got to sucked from its skull within a few cen- ones. get where someone speaks for the timeters and a second away from its My friends, what more do we need to child, speaks for the newborn, speaks birth. Our humanity demands that we know? This bill outlaws a medical pro- for a society that cares about life. reject this procedure. cedure which takes a child, almost Words cannot convey the horror of Mr. BEILENSON. Mr. Speaker, I completely outside the mother’s body this procedure. I would hope that no yield 2 minutes to the gentleman from and robs the child of its life. What Member of this Chamber would endorse New York [Mr. SCHUMER]. more do we need to know? A child, a barbarism by voting against this legis- (Mr. SCHUMER asked and was given fully formed child with arms, with legs, lation. permission to revise and extend his re- a body, feet, hands, and fingers, all out- b 1115 marks.) side the mother’s womb in the very Mr. SCHUMER. Mr. Speaker, I rise in same air that you and I breathe, yet it Mr. BEILENSON. Mr. Speaker, I opposition to this rule. is legal to end the life of this child, this yield 2 minutes to the gentlewoman Let me say that, for the last year, gift from God, and, of course, a beating from Connecticut [Mrs. KENNELLY]. my major involvement in this issue has heart. Mrs. KENNELLY. Mr. Speaker, I rise been as author and then watching the to urge my colleagues to defeat this My friends, if it is not human, if it is FACE law, the clinic access law, be im- not a human child, then why does their rule so this vote on this procedure will plemented; and what we say in that, not come to the floor today. little heart have to be silenced? This why we needed that law, why a vast silence should stir the very soul of this This legislation concerns a rare, ex- majority of people in this body, or not traordinarily personal, extremely dif- Nation and cause this House to act a vast majority but certainly a strong now. In the end, if we do not raise the ficult decision that a few families majority supported that law was be- across this country have to make each value of life, we will have no life to cause there was a pattern of intimida- value. year. This situation: A late-term preg- tion. Doctors who were doing a per- I urge Members to support this rule. nancy has become a crisis. What has fectly legal procedure were being in- happened is the life of the mother is at timidated, harassed, threatened, and Mr. BEILENSON. Mr. Speaker, I risk, her child will not be able to exist even shot. yield 2 minutes to the gentleman from outside the womb, and some families This bill, in my judgment, given Texas [Mr. BENTSEN]. choose to end this crisis. what it does, extends that intimidation (Mr. BENTSEN asked and was given Let me be clear about what we are to mental intimidation. What it is permission to revise and extend his re- voting on. This bill does not eliminate doing is saying to physicians, by the marks.) other third-term procedures. Roe, the way it is constructed, that they must Mr. BENTSEN. Mr. Speaker, this is law of the land, permits this to protect choose between their Hippocratic oath, part of the ongoing stealth campaign the life of the mother. What this bill this and their fear of prosecution, very to outlaw choice for women in Amer- does is involve the Congress in an in- simply. A physician and his patient or ica, and now it is through criminal- credibly difficult medical decision. her patient may come together and de- izing an ill-defined medical procedure. I fear for this Chamber, Mr. Speaker. cide that something is perfectly legal This is the congressional equivalent of It does, at times like this, begin to re- and necessary. medical malpractice. semble a political gymnasium that We have heard the horror stories all For the record, let us make clear the plays political games to get political along, and then if the physician pre- American Medical Association did not points, not a great hall which over his- sumes that the life of the mother is at endorse this legislation. In fact, I be- tory has debated the great problems stake and feels that this procedure is lieve they unanimously rejected it. that face this country. necessary, he must then, or she must There is the same AMA which endorsed November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11599 the Medicare, Republican Medicare Mrs. LOWEY. Mr. Speaker, my col- there with a straight face and defend plan, so you cannot have it both ways. leagues, as a mother of three beautiful this kind of barbaric procedure and Let us go a little bit further about grown children, I just have to express misrepresent with a bold face what this this rule. This rule prohibits any how deeply offended I am by this dis- does, as you done today, shame on you. amendments which would exclude in- cussion today. Thank God, my husband Mr. BEILENSON. Mr. Speaker, I stances in the case of rape or incest or and I never had to make a painful deci- yield 11⁄2 minutes to the gentleman the life of the mother. That is simply sion like this. from California [Mr. FARR]. not right. But unfortunately that is But how can we send this message to Mr. FARR of California. Mr. Speaker, politics in the 104th Congress. those few families that have to face the amendment to H.R. 1833 that Ms. Let us talk about parenthood, be- this tragedy, that received a message LOFGREN and I had intended to offer cause I think those of us who are par- that the fetus could not live and their this morning was narrowly drafted to ents are all genuinely good parents. wife was in danger of losing her life? protect the life and health of the moth- Last night I had the opportunity to Mr. Speaker, the bill before us would er and in those tragic instances of se- leave early, to take my two daughters, ban a specific type of medical proce- vere, fatal fetal abnormalities. Louise and Meredith, trick-or-treating dure used to perform abortions in cases in our neighborhood. It was one of where the life and health of the mother While this is an emotional issue, we those special moments that you get to is threatened by her pregnancy. It must remember that we are talking spend as a father with your 4-year-old would make it a crime for doctors to about real women’s lives—in this case and 2-year-old. There are not many of use this procedure to save the lives of my former constituent, Tammy Watts, those that you get in this job. their patients. who lived in Monterey at the time she I will not come to this House today This legislation undermines the right and her husband faced the painful as a legislator and vote to take away to choose by directly challenging the choice to terminate her third trimester their right to this medical procedure if historic Roe versus Wade decision; and, pregnancy. their life depended on it. That is my colleagues, I wish we would deal Tammy and her husband, Mitch, had wrong. There is not a parent in this with that issue head-on rather than un- been eagerly looking forward to the House who should consider doing that. dermine it in this backhanded way. birth of their first child they had This rule is wrong. This bill is ill-de- The bill provides no exception for named the child, and bought the fur- fined. This is politics in its worst form. cases where the life and health of the niture, with all the dreams and joy of Vote against this rule. mother is endangered. Not only is it Mrs. WALDHOLTZ. Mr. Speaker, I any expectant couple. immoral, it is unconstitutional, and yield 2 minutes to the gentleman from The Watts’ received the devastating the fact that this closed rule does not Nebraska [Mr. CHRISTENSEN]. news in her seventh month of preg- Mr. CHRISTENSEN. Mr. Speaker, I allow us to protect the life and health nancy that their fetus suffered from a rise today as an original cosponsor of of the mother is an absolute tragedy. severe and fatal fetal anomaly, the partial birth abortion ban, and so Mr. Speaker, we tried to offer amend- Trisomy 13. Their fetus already had en- to voice my support for this rule. Let ments, but the Republican leadership larged and failing kidneys, no eyes, dis- us be clear about one thing, this has said ‘‘no’’. Let me explain very clearly eased and malfunctioning brain tissue, nothing to do with the life of the moth- what this bill does instead. Doctors and a non-functional mass of bowels, er. who perform this procedure to save intestines, and bladder growing outside For those that support abortion on their patients’ lives would be arrested, the body. demand, they will use any excuse or indicted and tried. At trial, that doctor would have to prove the patient’s life The Watts’ were told by numerous any reason to overturn this rule. doctors that there were no surgical or What I do want to talk about though was in danger. In other words, the doc- tor is guilty until proven innocent. genetic therapies to help their fetus. is this procedure is so grotesque, any For all the advances in medical American who understands what this This bill places doctors in an unten- science, the sad and painful truth that procedure is about would be against it. able situation. They have to choose be- Tammy and Mitch had to face was that I believe that banning partial birth tween saving their patient’s life and a their fetus would not live, even if car- abortions would start us on the road to 2-year jail term. ried full term. restoring sanity to our Nation’s abor- I urge my colleagues to defeat this tion laws and away from the abortion- rule. As if the situation were not tragic on-demand policies this Chamber has Mrs. WALDHOLTZ. Mr. Speaker, I enough, Tammy was told by her physi- supported over the last few decades. yield 1 minute to the gentleman from cians that if she had continued the As the majority’s report on this leg- Arizona [Mr. SALMON]. pregnancy and let the fetus die in islation pointed out, even the Roe Mr. SALMON. Mr. Speaker, shame on utero, dangerous toxins could have court rejected the notion that a woman those Members on the other side who been released into Tammy’s body, pre- is entitled to an abortion at whatever are flagrantly misrepresenting this senting grave risk to her health and to time in whatever way and for whatever bill. her ability to have children in the fu- reason she alone chooses. Abortion on You know if you read the bill that it ture. demand, that is what this bill’s oppo- provides an exemption in the case of b nents are for, and what the heart of saving the life of the mother; and any 1130 this debate is about. American who requests this bill, wants Mrs. WALDHOLTZ. Mr. Speaker, I Is this Nation destined to forever re- to read it themselves, will see exactly am pleased to yield 21⁄2 minutes to the what you are dishing out today, fla- tain the most permissive, immoral gentleman from Illinois [Mr. HYDE], abortion laws in the industrial world? grant untruths. the chairman of the Committee on the What this is about, this is not the You know, we have laws protecting the Judiciary. environment, we have laws protecting traditional pro-life-pro-choice debate. endangered species, we have laws pro- This is about a procedure so heinous as (Mr. HYDE asked and was given per- tecting the air and water. It is time to take the baby outside of the body mission to revise and extend his re- that we have laws protecting the un- and leave the head still inside the marks.) born child. womb and murder the baby. Mr. HYDE. Mr. Speaker, the gentle- I saw two bumper stickers this morn- How far are we from China where woman from Connecticut said some- ing on a car. One said, ‘‘Save the they are taking the baby girl, as soon thing quite interesting. She asked, ‘‘Is whales,’’ and the other side said, ‘‘I am as they are born, and snapping the nothing safe from the interference of pro-choice.’’ What a sad state that this spine and killing the baby once it has government?’’ Well, when a woman and country has gone to that we are for already been born? What is the dif- her doctor decide that her pregnancy is saving the whales and murdering our ference? How far are we going to be inconvenient or inopportune, where unborn children. from that? does the tiny little member of the Mr. BEILENSON. Mr. Speaker, I I would not be surprised to see some human family struggling to be born in yield 2 minutes to the gentlewoman of those of you on the other side defend the womb turn for equal protection of from New York [Mrs. LOWEY]. that procedure as well. If you can sit the law, for due process of the law? H 11600 CONGRESSIONAL RECORD — HOUSE November 1, 1995 The facts of life are and the facts of medical decision when circumstances This restrictive rule makes sure that this legislation are the life-of-the- are most dire. an awful bill remains an awful bill. mother exception is in the law as an af- Despite the other side’s spin doc- Ladies and gentlemen, let’s make one firmative defense. The doctor only has tors—real doctors know that the late thing clear. This rule ensures that H.R. to show that he reasonably believed term abortions this bill seeks to ban 1833 will be a direct challenge to Roe that the woman’s life was in danger. He are rare and they’re done only when versus Wade. In other words, if you are does not have to prove it beyond a rea- there is no better alternative to save a pro-choice Member of Congress, if sonable doubt. He does not even have the woman and, if possible, preserve your constituents vote for you because to be right. He just has to have reason- her ability to have children. They are they feel assured that you will not vio- able belief that the woman’s life would done after a family has given careful late a woman’s right to choose, if you be in danger unless he performed this thought and prayer to the matter—and agree that the mother’s life has value macabre, gruesome, Auschwitz-like op- has sought out the best medical advice then there is no way that you can vote eration, this butchery in the service of possible. for this rule. infanticide. When a woman is pregnant—with a This rule will force the House of Rep- I am stunned that people are not run- pregnancy wanted and hoped for—and resentatives to vote on banning a spe- ning from defending this type of grue- finds herself in a life-threatening situa- some procedure. Yet the only question cific surgical procedure with abso- tion late in that pregnancy, she is in lutely no safeguards for the life, that this bill asks is yes or no. Never grave danger and she’s emotionally mind the nuances and the highways health, or future fertility of the moth- devastated. er. and the byways. Do you support a proc- I cannot imagine a more cruel act ess where an infant, a live infant, talk this Congress could make than to tell To my colleagues on both sides of the about I feel your pain, a live infant is that woman—that woman whose hopes aisle I urge you to defeat this rule. almost extracted from the birth canal, and dreams rested on the pending birth This issue does not belong on the floor 3 inches from being a fully-born child, of her child—that we won’t even allow of the House of Representatives, it be- and a scissors punctures the neck and her doctor to take the necessary steps longs in a doctor’s office. Politicians the brains are sucked out. to save her life and make every effort should not decide whether a terminally Anybody that can find a word of de- to preserve her ability to try again malformed fetus should be brought to fense for that is someone I do not un- when she has grieved the loss and her term. A woman, with her doctor’s ad- derstand. The American Medical Asso- health is restored. vice, should. ciation Council on Legislation unani- Over and over again this Congress Remember this my friends, you can mously approved recommending this has picked on the weakest among us— not say you are pro-choice and vote for bill. The full AMA did not. They did the children, the elderly, families this rule. Defeat this rule, stand up for nothing. They took a pass. They struggling just to make it—but now women’s lives, do not violate Roe ver- washed their hands. But at least the you’re picking on a woman who very sus Wade. council on legislation unanimously much wants to be a mother and you’re The SPEAKER pro tempore (Mr. supported it. telling her that her life means nothing. HANSEN). All time has expired on the Look: If one thinks abortion is a Telling he we’ll jail her doctor for sav- minority side. The majority has 1 good idea, that is fine, go ahead and ing her life. Colleagues, we have never minute remaining. live with that. But this form of abor- stooped lower than this. Mrs. WALDHOLTZ. Mr. Speaker, I tion is indefensible. Indefensible. If you care about life—about fami- This rule is a focused rule. It asks yield myself the balance of my time. lies—search your hearts and vote the question do you or do you not ap- Mr. Speaker, if this Congress has no against this rule and against this bill. prove of this procedure? That is the other purpose, are we not obligated to Mr. BEILENSON. Mr. Speaker, I only question that needs to be asked. protect the rights of those in our soci- yield such time as she may consume to The life of the mother is protected. ety who are too weak to protect them- the gentlewoman from New York [Mrs. Prosecutors are not going around indi- selves? The procedure that is the sub- MALONEY]. cating people willy-nilly when they ject of this bill denies protection, life (Mrs. MALONEY asked and was given have an affirmative defense, and it is itself, to children who are nearly born permission to revise and extend her re- an easy affirmative defense. alive, but for a few centimeters with Mr. Speaker, I ask for support for marks.) their head left in the birth canal, a pro- Mrs. MALONEY. Mr. Speaker, I rise this rule. cedure used for elective abortion, a Mr. BEILENSON. Mr. Speaker, I in opposition to this rule. procedure used on viable children. Mr. BEILENSON. Mr. Speaker, I yield 1 minute to my good friend, the Mr. Speaker, this bill is not about yield 1 minute to the gentlewoman distinguished gentleman from Califor- protecting the life of the mother. This from California [Ms. WOOLSEY]. As she nia [Mr. FAZIO]. procedure is too lengthy to be used in reaches the podium, I ask Members to Mr. FAZIO of California. Mr. Speak- true emergency situations. It takes too vote no on this rule, so we can send it er, I rise in opposition to the rule on long. back to the Committee on Rules and this bill for two reasons: This Congress, Mr. Speaker, cannot One, this bill allows no exceptions— ask for a rule which would allow us to seriously defend measuring life in mere even to save a woman’s life—making vote on amendments to preserve the inches. It is time to outlaw this proce- this bill clearly unconstitutional. We life and health of the mother. dure, which even members of the asked for a rule to allow that exception (Ms. WOOLSEY asked and was given AMA’s Council on Legislation describe but we were denied. permission to revise and extend her re- as repulsive and recommended that Why? Because proponents of this bill marks.) they take action against. want to challenge the legal right to Ms. WOOLSEY. Mr. Speaker, I rise in choose for all women. This is just a strong opposition to the rule for H.R. This is barbarism, Mr. Speaker. It is step in that challenge. This is a legal 1833. an area where those of us who differ on strategy. The proposed rule for the Canady late other issues relating to abortion can The second reason I oppose this rule term abortion bill is nothing less than agree, that this is not something we and this bill is that by not allowing an an outrage. This rule bars Members want to go on in our country. exception to save the life of the from offering amendments which would Mr. Speaker, I include for the woman, this bill is just cruel on its allow a procedure when the life of the RECORD the following information re- face. mother is in danger or when the fetus lating to rules reported by the Com- My friends and colleagues, this bill is so malformed that it has zero chance mittee on Rules during the 104th Con- bans the right to make a necessary of survival. gress. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11601 THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of October 31, 1995]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 52 69 Modified Closed 3 ...... 49 47 18 24 Closed 4 ...... 9 9 5 7 Total ...... 104 100 75 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of October 31, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. LAZIO of New York. Mr. Speaker, I rise publicans won a majority last November we are essential in order to have an open debate today to oppose the rule on H.R. 1833, the promised to have many more open rules on on important issues. Yet, regrettably the rule Partial-Birth Abortion Act of 1995. When Re- legislation than in previous years. Open rules before us today prevents us from voting on an H 11602 CONGRESSIONAL RECORD — HOUSE November 1, 1995 important amendment to allow for exceptions Hastert McCrery Sanford Greenwood McDermott Schroeder from the bill's provisions in cases where the Hastings (WA) McDade Saxton Gunderson McHale Schumer Hayes McHugh Scarborough Gutierrez McKinney Scott life of the mother is endangered. Hayworth McInnis Schaefer Harman Meehan Serrano This is an issue of great concern to many of Hefley McIntosh Schiff Hastings (FL) Meek Shaw us. It deserves to be openly debated, and it Hefner McKeon Seastrand Hilliard Menendez Shays Heineman McNulty Sensenbrenner Hinchey Meyers deserves a vote by the full House. Therefore, Skaggs Herger Metcalf Shadegg Hobson Mfume Slaughter Hilleary Mica Shuster Horn Miller (CA) I urge my colleagues to vote against this rule Spratt Hoekstra Mollohan Sisisky Houghton Miller (FL) so we can bring this bill back under an open Stark Hoke Montgomery Skeen Hoyer Minge Stokes rule and allow the will of the full House to pre- Holden Moorhead Skelton Jackson-Lee Mink vail. Hostettler Murtha Smith (MI) Jacobs Moakley Studds Mrs. WALDHOLTZ. Mr. Speaker, I Hunter Myers Smith (NJ) Jefferson Molinari Tanner Thomas move the previous question on the res- Hutchinson Myrick Smith (TX) Johnson (CT) Moran Hyde Nethercutt Smith (WA) Johnson (SD) Morella Thompson olution. Inglis Neumann Solomon Johnson, E. B. Nadler Thurman The previous question was ordered. Istook Ney Souder Johnston Neal Torkildsen The SPEAKER pro tempore. The Johnson, Sam Norwood Spence Kaptur Obey Torres question is on the resolution. Jones Nussle Stearns Kelly Olver Torricelli Kanjorski Oberstar Stenholm Kennedy (MA) Owens Towns The question was taken; and the Kasich Ortiz Stockman Kennedy (RI) Pallone Traficant Speaker pro tempore announced that Kildee Orton Stump Kennelly Pastor Upton the noes appeared to have it. Kim Oxley Stupak Klug Payne (NJ) Velazquez King Packard Talent Kolbe Payne (VA) Mrs. WALDHOLTZ. Mr. Speaker, I Vento Kingston Parker Tate Lantos Pelosi Visclosky Kleczka Lazio object to the vote on the ground that a Paxon Tauzin Peterson (FL) Ward Klink Peterson (MN) Taylor (MS) Leach Pickett quorum is not present and make the Waters Knollenberg Petri Taylor (NC) Levin Pomeroy Watt (NC) point of order that a quorum is not LaFalce Pombo Tejeda Lewis (GA) Ramstad present. LaHood Porter Thornberry Lincoln Rangel Waxman The SPEAKER pro tempore. Evi- Largent Portman Thornton Lofgren Reed Williams Wilson dently a quorum is not present. Latham Poshard Tiahrt Lowey Richardson LaTourette Pryce Volkmer Luther Rivers Wise The Sergeant at Arms will notify ab- Laughlin Quillen Vucanovich Maloney Roukema Woolsey sent Members. Lewis (CA) Quinn Waldholtz Markey Roybal-Allard Wyden The vote was taken by electronic de- Lewis (KY) Radanovich Walker Martinez Rush Wynn Lightfoot Rahall Walsh Martini Sabo Yates vice, and there were—yeas 237, nays Linder Riggs Wamp Matsui Sanders Zeliff 190, not voting 5, as follows: Lipinski Roberts Watts (OK) McCarthy Sawyer Zimmer [Roll No. 754] Livingston Roemer Weldon (FL) LoBiondo Rogers Weller NOT VOTING—5 YEAS—237 Longley Rohrabacher White Crane Regula Weldon (PA) Allard Callahan Doyle Lucas Ros-Lehtinen Whitfield Fields (LA) Tucker Archer Calvert Dreier Manton Rose Wicker Armey Camp Duncan Manzullo Roth Wolf b 1201 Bachus Canady Ehlers Mascara Royce Young (AK) Baesler Chabot Ehrlich McCollum Salmon Young (FL) So the resolution was agreed to. Baker (CA) Chambliss Emerson Baker (LA) Chenoweth English NAYS—190 The result of the vote was announced Ballenger Christensen Ensign Abercrombie Clayton Farr as above recorded. Barcia Chrysler Everett Ackerman Clinger Fattah A motion to reconsider was laid on Barr Clement Ewing Andrews Clyburn Fazio Barrett (NE) Coble Fawell Baldacci Coleman Filner the table. Bartlett Coburn Fields (TX) Barrett (WI) Collins (IL) Flake f Barton Collins (GA) Flanagan Bass Collins (MI) Foglietta Bateman Combest Foley Becerra Condit Ford Bevill Cooley Forbes Beilenson Conyers Fowler PERMISSION TO INSERT Bilbray Costello Frisa Bentsen Coyne Fox EXTRANEOUS MATERIAL Bilirakis Cox Funderburk Bereuter Cramer Frank (MA) Bliley Crapo Gallegly Berman DeFazio Franks (CT) Mr. BEILENSON. Mr. Speaker, I ask Blute Cremeans Ganske Bishop DeLauro Franks (NJ) unanimous consent to insert extra- Boehner Cubin Gekas Boehlert Dellums Frelinghuysen neous material at this point in the Bonilla Cunningham Geren Bonior Deutsch Frost Bono Danner Goodlatte Boucher Dicks Furse RECORD. Borski Davis Goodling Browder Dixon Gejdenson The SPEAKER pro tempore (Mr. Brewster de la Garza Goss Brown (CA) Doggett Gephardt HANSEN). Is there objection to the re- Brownback Deal Graham Brown (FL) Dooley Gibbons Bryant (TN) DeLay Gutknecht Brown (OH) Dunn Gilchrest quest of the gentleman from Califor- Bunn Diaz-Balart Hall (OH) Bryant (TX) Durbin Gillmor nia? Bunning Dickey Hall (TX) Cardin Edwards Gilman There was no objection. Burr Dingell Hamilton Castle Engel Gonzalez Burton Doolittle Hancock Chapman Eshoo Gordon Mr. BEILENSON. Mr. Speaker, the Buyer Dornan Hansen Clay Evans Green material referred to is as follows: FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11603 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Rescissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title.. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority. H.R. 1977 ...... Interior Appropriations ...... H.Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority. H 11604 CONGRESSIONAL RECORD — HOUSE November 1, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority.. *RULE AMENDED* H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min), N/A if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the sub- stitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A text; Pre-printing gets priority. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the sub- stitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A 2349 in order as original text; waives section 302(f) of the Budget Act against the sub- stitute; provides for the consideration of a managers amendment (10 min) If adopted, it is considered as base text; Pre-printing gets priority. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amend- ments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers sub- stitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D H. Con. Res. 109 ...... Reform. bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A Walsh amendment as the first order of business (10 min); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. * Contract Bills, 67% restrictive; 33% open. ** All legislation, 54% restrictive; 46% open. *** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

PARTIAL-BIRTH ABORTION BAN H.R. 1833 ‘‘(c)(1) The father, and if the mother has ACT OF 1995 Be it enacted by the Senate and House of Rep- not attained the age of 18 years at the time resentatives of the United States of America in of the abortion, the maternal grandparents The SPEAKER pro tempore. Pursu- Congress assembled, of the fetus, may in a civil action obtain ap- ant to House Resolution 251 and rule SECTION 1. SHORT TITLE. propriate relief, unless the pregnancy re- XXIII, the Chair declares the House in This Act may be cited as the ‘‘Partial- sulted from the plaintiff’s criminal conduct the Committee of the Whole House on Birth Abortion Ban Act of 1995’’. or the plaintiff consented to the abortion. the State of the Union for the consider- SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABOR- ‘‘(2) Such relief shall include— ation of the bill, H.R. 1833. TIONS. ‘‘(A) money damages for all injuries, psy- (a) IN GENERAL.—Title 18, United States chological and physical, occasioned by the b 1201 Code, is amended by inserting after chapter violation of this section; and 73 the following: ‘‘(B) statutory damages equal to three IN THE COMMITTEE OF THE WHOLE ‘‘CHAPTER 74—PARTIAL-BIRTH times the cost of the partial-birth abortion. Accordingly the House resolved itself ABORTIONS ‘‘(d) A woman upon whom a partial-birth into the Committee of the Whole House ‘‘Sec. abortion is performed may not be prosecuted on the State of the Union for the con- ‘‘1531. Partial-birth abortions prohibited. under this section, for a conspiracy to vio- sideration of the bill (H.R. 1833) to ‘‘§ 1531. Partial-birth abortions prohibited late this section, or for an offense under sec- ‘‘(a) Whoever, in or affecting interstate or tion 2, 3, or 4 of this title based on a viola- amend title 18, United States Code, to tion of this section. ban partial-birth abortions, with Mr. foreign commerce, knowingly performs a partial-birth abortion and thereby kills a ‘‘(e) It is an affirmative defense to a pros- EMERSON in the chair. human fetus shall be fined under this title or ecution or a civil action under this section, The Clerk read the title of the bill. imprisoned not more than two years, or which must be proved by a preponderance of The CHAIRMAN. Pursuant to the both. the evidence, that the partial-birth abortion rule, the bill is considered as having ‘‘(b) As used in this section, the term ‘par- was performed by a physician who reason- ably believed— been read the first time. tial-birth abortion’ means an abortion in which the person performing the abortion ‘‘(1) the partial-birth abortion was nec- The text of the Committee amend- partially vaginally delivers a living fetus be- essary to save the life of the mother; and ment in the nature of a substitute is as fore killing the fetus and completing the de- ‘‘(2) no other procedure would suffice for follows: livery. that purpose.’’. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11605 (b) CLERICAL AMENDMENT.—The table of The question is: Shall the gentleman McHale Portman Smith (TX) chapters for part I of title 18, United States be permitted to use the exhibit that he McHugh Poshard Smith (WA) Code, is amended by inserting after the item McInnis Pryce Solomon has at his left? McKeon Quillen relating to chapter 73 the following new Souder The question was taken; and the McNulty Quinn Spence item: chairman announced that the noes ap- Meehan Radanovich Spratt ‘‘74. Partial-birth abortions ...... 1531’’. Metcalf Rahall Stearns peared to have it. Mfume Ramstad The CHAIRMAN. Under the rule, the Stenholm RECORDED VOTE Mica Reed Stockman gentleman from Florida [Mr. CANADY] Miller (CA) Regula Mr. GOODLATTE. Mr. Chairman, I Stump will be recognized for 30 minutes and Miller (FL) Richardson Stupak demand a recorded vote. the gentlewoman from Colorado [Mrs. Minge Riggs Talent A recorded vote was ordered. Mink Roberts Tate SCHROEDER] will be recognized for 30 The CHAIRMAN (during the vote). Moakley Roemer Tauzin minutes. Molinari Rogers Taylor (MS) The Chair will make a statement. A Mollohan Rohrabacher The Chair recognizes the gentleman Taylor (NC) Montgomery Ros-Lehtinen rollcall is in process, but the Chair un- Tejeda from Florida [Mr. CANADY]. Moorhead Rose derstands that there is confusion. A Thomas Moran Roth Mr. CANADY of Florida. Mr. Chair- Thornberry ‘‘yes’’ vote on the question before the Myers Roybal-Allard man, I yield myself such time as I may Tiahrt Committee permits the use of the ma- Myrick Royce consume. Nadler Sabo Torkildsen terial in question. A ‘‘no’’ vote would Torres Mr. Chairman, someone has observed deny the use of the material in ques- Neal Salmon that hard truths travel slowly. Ugly re- Nethercutt Sanders Traficant tion. The vote will proceed. Upton alities are often hidden from view. Un- Neumann Sanford The vote was taken by electronic de- Ney Sawyer Velazquez comfortable facts are concealed or ig- Norwood Saxton Volkmer vice, and there were—ayes 332, noes 86, Vucanovich nored. This is true in many areas of not voting 14, as follows: Oberstar Scarborough politics and of life. But nowhere is it Obey Schaefer Walsh [Roll No. 755] Ortiz Schiff Wamp more true than with respect to abor- Ward AYES—332 Orton Schumer tion. Oxley Seastrand Watt (NC) Today we consider a bill that deals Abercrombie Cunningham Hayworth Packard Sensenbrenner Watts (OK) with a hard truth. H.R. 1833 addresses Ackerman Danner Hefley Pallone Serrano Waxman Andrews Davis Hefner Parker Shadegg Weldon (FL) the ugly reality of partial-birth abor- Archer Deal Heineman Pastor Shaw Weller tion. In this debate today, we confront Armey DeLauro Herger Paxon Shays White the uncomfortable facts about this hei- Bachus DeLay Hilleary Peterson (FL) Shuster Whitfield Baker (CA) Dellums Hinchey Peterson (MN) Sisisky Wicker nous procedure, facts that have been Baker (LA) Diaz-Balart Hobson Petri Skaggs Williams concealed for too long. Ballenger Dickey Hoekstra Pickett Skeen Wolf While every abortion sadly takes a Barcia Dingell Hoke Pombo Skelton Young (FL) human life, the partial-birth abortion Barr Dixon Holden Pomeroy Smith (MI) Zeliff Barrett (NE) Doggett Hostettler Porter Smith (NJ) Zimmer method takes that life as the baby Barrett (WI) Doolittle Hoyer emerges from the mother’s womb, Bartlett Doyle Hunter NOES—86 while the baby is only partially in the Barton Dreier Hutchinson Allard Geren Nussle Bass Duncan Hyde birth canal. The difference between the Baesler Gilchrest Payne (NJ) Bateman Dunn Inglis Baldacci Gilman Payne (VA) partial-birth abortion procedure and Becerra Durbin Istook Beilenson Goodling Pelosi Bentsen homicide is a mere 3 inches. Edwards Jacobs Bishop Greenwood Rangel Bereuter Ehlers Johnson (SD) Boehlert Gutierrez Rivers Partial-birth abortion goes a step be- Berman Ehrlich Johnson, Sam Boucher Hastings (FL) Roukema yond abortion on demand. The baby in- Bevill Emerson Jones Brown (CA) Hilliard Rush volved is not unborn. His or her life is Bilbray Engel Kaptur Brown (FL) Horn Bilirakis English Kasich Schroeder taken during a breech delivery. A pro- Brown (OH) Houghton Scott Bliley Ensign Kelly Cardin Jackson-Lee cedure which obstetricians use in some Slaughter Blute Eshoo Kennedy (MA) Chapman Jefferson Stark circumstances to bring a healthy child Boehner Evans Kennedy (RI) Clyburn Johnson (CT) Stokes Bonilla Everett Kildee Collins (IL) Johnson, E. B. into the world is perverted to result in Studds a dead child. The physician, tradition- Bonior Ewing Kim Collins (MI) Johnston Bono Fattah King Conyers Kanjorski Tanner ally trained to do everything in his Borski Fawell Kingston Cox Kennelly Thompson power to assist and protect both moth- Brewster Fazio Kleczka Coyne Lincoln Thornton er and child during the birth process, Browder Fields (TX) Klink de la Garza Lofgren Thurman Brownback Flanagan Klug Torricelli deliberately kills the child in the birth DeFazio Lowey Bryant (TN) Foglietta Knollenberg Deutsch Maloney Towns canal. Bryant (TX) Foley Kolbe Dooley Martinez Vento Ms. JACKSON-LEE. Mr. Chairman, Bunn Forbes LaFalce Farr Martini Visclosky the House is not in order. Bunning Fowler LaHood Filner McKinney Walker Burr Fox Lantos Flake Meek Waters The CHAIRMAN. The Chair observes Burton Franks (CT) Largent Ford Menendez Woolsey that the House is in order, but the Buyer Franks (NJ) Latham Frank (MA) Meyers Wyden Chair will try to obtain better order. Callahan Frelinghuysen LaTourette Frost Morella Wynn Calvert Frisa Laughlin Gekas Murtha Yates Will Members please cease and desist Camp Funderburk Lazio their conversation. Canady Furse Leach NOT VOTING—14 Mrs. SCHROEDER. Mr. Chairman, I Castle Gallegly Levin Clay McIntosh Weldon (PA) Chabot Ganske Lewis (CA) Dicks Olver Wilson rise because I had hoped the Speaker Chambliss Gejdenson Lewis (GA) Dornan Owens Wise would exercise his authority under rule Chenoweth Gibbons Lewis (KY) Fields (LA) Tucker Young (AK) I, clause 2 to preserve the order and de- Christensen Gillmor Lightfoot Gephardt Waldholtz corum in this Chamber. Chrysler Gonzalez Linder Clayton Goodlatte Lipinski b 1227 It seems obvious to me that we are Clement Gordon Livingston going to have exhibits that I think are Clinger Goss LoBiondo Mr. PETE GEREN of Texas changed a breach of decorum. I would object to Coble Graham Longley his vote from ‘‘aye’’ to ‘‘no.’’ Coburn Green Lucas ´ the use of these exhibits that have not Coleman Gunderson Luther Mrs. KELLY and Ms. VELAZQUEZ, been certified medically, and I would Collins (GA) Gutknecht Manton Messrs. GORDON, GEJDENSON, RICH- hope that the other side would with- Combest Hall (OH) Manzullo ARDSON, PALLONE, EVANS, LEWIS Condit Hall (TX) Markey draw them at this time. Cooley Hamilton Mascara of Georgia, and BECERRA changed The CHAIRMAN. The Chair will put Costello Hancock Matsui their vote from ‘‘no’’ to ‘aye.’’ the question to the Committee under Cramer Hansen McCarthy So, the gentleman was permitted to rule XXX if any Member objects to the Crane Harman McCollum use the exhibit in question. Crapo Hastert McCrery use of an exhibit in debate. The gentle- Cremeans Hastings (WA) McDade The result of the vote was announced woman from Colorado has objected. Cubin Hayes McDermott as above recorded. H 11606 CONGRESSIONAL RECORD — HOUSE November 1, 1995 The CHAIRMAN. The gentleman birth abortion as a proper medical he described as ‘‘flawed’’ had condi- from Florida [Mr. CANADY] is permitted technique. tions that were compatible with long to utilize the exhibit in question. The truth is that the partial birth life, either with our without a disabil- The Chair recognizes the gentleman abortion procedure is never necessary ity. For example, Dr. McMahon listed 9 from Florida [Mr. CANADY]. to protect either the life or the health partial-birth abortions performed be- Mr. CANADY of Florida. Mr. Chair- of the mother. Indeed, the procedure cause the baby had a cleft lip. man, the attempt to further conceal poses significant risks to maternal The National Abortion Federation, a the truth about this horrible procedure health—risks such as uterine rupture, group representing abortionists, has has failed, and I am very grateful to and the development of cervical incom- also recognized that partial-birth abor- my colleagues on both sides of the aisle petence. Dr. Pamela Smith, Director of tions are performed for many reasons who supported my right to display Medical Education, Department of Ob- other than fetal abnormalities. In 1993, these charts and explain the reality of stetrics and Gynecology at Mount NAF counseled its members, ‘‘Don’t this procedure. Sinai Hospital in Chicago has written: apologize: this is a legal abortion pro- This is partial-birth abortion: First, There are absolutely no obstetrical situa- cedure,’’ and stated: guided by ultrasound, the abortionist tions encountered in this country which re- There are many reasons why women have grabs the live baby’s leg with forceps. quire a partially delivered human fetus to be late abortions: life endangerment, fetal indi- destroyed to preserve the health of the Second, the baby’s leg is pulled out cations, lack of money or health insurance, mother. Partial-birth abortion is a technique into the birth canal. Third, the abor- social-psychological crisis, lack of knowl- devised by abortionists for their own conven- tionist delivers the baby’s entire body, edge about human reproduction, etc. except for the head. Fourth, then, the ience . . . ignoring the known health risks to the mother. The health status of women in Now the National Abortion Federa- abortionist jams scissors into the this country will . . . only be enhanced by tion is emphasizing only one of those baby’s skull. The scissors are then the banning of this procedure. reasons. In fact, NAF sent a letter to opened to enlarge the hole. Fifth, the Proponents of the partial-birth abor- Members of Congress with pictures of scissors are then removed and a suc- tion method have also claimed that the babies with severe disabilities urging tion catheter is inserted. The child’s procedure is only used to kill babies them to support the use of partial- brains are sucked out causing the skull with serious disabilities. Focusing the birth abortion. to collapse so the delivery of the child debate on babies with disabilities is a can be completed. I find it offensive to suggest that blatant attempt to avoid addressing taking a baby’s life in this manner is b 1230 the reality of this inhuman procedure. justified because that baby has abnor- This is a procedure which should not Remember the brutal reality of what is malities. Abnormalities do not make be allowed. This is a procedure which done in a partial-birth abortion: The babies any less human or any less de- shocks the conscience. baby is partially delivered alive, then serving of humane treatment. No Many claims are being made in oppo- stabbed through the skull. No baby’s baby’s life should be taken in this man- sition to this bill. We have heard them life should be taken in this manner. It ner. today. The abortion advocates claim does not matter whether that baby is Abortion advocates are claiming that that H.R. 1833 would jail doctors who perfectly healthy or suffers from the by banning partial-birth abortion we perform lifesaving abortions. This most tragic of disabilities. are mounting ‘‘a direct attack on Roe statement makes me wonder whether Further, neither Dr. Haskell nor Dr. versus Wade.’’ Yet, in Roe, the Court the opponents of the bill have even McMahon—the two abortionists who explicitly rejected the argument that bothered to read the bill. have publicly discussed their use of the the right to an abortion is absolute and H.R. 133 makes specific allowances procedure—claims that this technique that a woman ‘‘is entitled to terminate for a practitioner who reasonably be- is used only in limited circumstances. her pregnancy at whatever time, in lieves a partial birth abortion is nec- In fact, they advocate this method as whatever way, and for whatever reason essary to save the life of a mother. No the preferred method for late-term she alone chooses.’’ abortions. Dr. Haskell advocates the one can be prosecuted and convicted This is the question I would raise to method from 20 to 26 weeks into the under this bill for performing a partial my colleagues who support abortion on pregnancy and told the ‘‘American birth abortion which is necessary to demand: Is there ever an instance when Medical News’’ that most of the par- save the life of the mother. Anyone abortion, or a particular type of abor- tial-birth abortions he performs are who has any doubt about that should tion, is inappropriate? The vehement elective. In fact, he told the reporter, look at the text of the bill itself. No opposition of abortion rights support- ‘‘I’ll be quite frank: most of my abor- doctor who reasonably believes, he ers to H.R. 1833 makes their answer to tions are elective in that 20–24 week must simply reasonably believe, that my question clear. For them there is range . . . probably 20 percent are for he acted to save the life of the mother, never an instance when abortion is in- genetic reasons. And the other 80 per- will be arrested and go to prison under appropriate. For them the right to cent are purely elective.’’ this bill. abortion is absolute, and the termi- Of course, there is not a shred of evi- Dr. McMahon uses the partial-birth abortion method through the entire 40 nation of an unborn child’s life is ac- dence to suggest that a partial birth ceptable at whatever time, for what- abortion is ever necessary to save the weeks of pregnancy. He claims that most of the abortions he performs are ever reason, and in whatever way a life of the mother. In fact, few doctors woman or an abortionist chooses. even know the procedure exists. The nonelective, but his definition of non- Despite their relentless effort to mis- American Medical Association’s Coun- elective is extremely broad. Dr. represent and confuse the issue, the op- cil on Legislation, which includes 12 McMahon sent a letter to the Constitu- ponents of this bill can no longer con- doctors, voted unanimously to rec- tion Subcommittee in which he de- ceal the uncomfortable facts about this ommend that the AMA Board of Trust- scribed abortions performed because of horrible practice. ees endorse H.R. 1833. The council felt a mother’s youth or depression as non- partial birth abortion was not a recog- elective. I do not believe the American The supporters of partial-birth abor- nized medical procedure. people support aborting babies in the tion seek to defend the indefensible. Mrs. SCHROEDER. Mr. Chairman, second and third trimesters because But today the hard truth cries out will the gentleman yield? the mother is young or suffers from de- against them. The ugly reality of par- Mr. CANADY of Florida. I will not pression. tial-birth abortion is revealed here in yield. We have limited time, as the Dr. McMahon also sent the sub- these drawings for all to see. gentlewoman knows. committee a graph which shows the To all my colleagues I say: Look at The Council on Legislation agreed percentage of, quote, ‘‘flawed fetuses,’’ this drawing. Open your eyes wide and that the procedure is basically repul- that he aborted using the partial-birth see what is being done to innocent, de- sive. In the end, the AMA board de- abortion method. The graph shows that fenseless babies. What you see is an of- cided to remain neutral on H.R. 18933, even at 26 weeks of gestation half the fense to the conscience of humankind. but it is significant that the council of babies Dr. McMahon aborted were per- Put an end to this detestable practice; 12 doctors did not recognize partial fectly healthy and many of the babies vote in favor of H.R. 1833. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11607 Mr. Speaker, I reserve the balance of several respects than the alternatives, main- murder. That is where this bill is lead- my time. taining uterine integrity, and reducing blood ing us. Mrs. SCHROEDER. Mr. Chairman, I loss and other potential complications. It Mr. CANADY of Florida. Mr. Chair- yield myself such time as I may also permits the parents to hold and mourn the fetus as a lost child, which may assist man, I yield such time as he may consume. them in reaching closure on a tragic situa- consume to the gentleman from Ala- (Mrs. SCHROEDER asked and was tion. In addition, the procedure permits the bama [Mr. BACHUS]. given permission to revise and extend performance of a careful autopsy and there- (Mr. BACHUS asked and was given her remarks.) fore a more accurate diagnosis of the fetal permission to revise and extend his re- Mrs. SCHROEDER. Mr. Chairman, anomaly. As a result, these families, who are marks.) first of all, I regret the gentleman from extremely desirous of having more children, Mr. BACHUS. Mr. Chairman, the Florida would not yield so I could cor- can receive appropriate genetic counseling and more focused prenatal care and testing hard truth apparently is not what it rect the numerous distortions and in- used to be. I rise in strong support for accuracies in his statement. I will in- in future pregnancies. Thus, there are nu- merous reasons why the IDE procedure may banning partial birth abortions, and in clude the following materials for the be medically appropriate in a particular defense of the innocent little victims of RECORD. case, and there is virtually no scientific evi- these procedures. H.R. 1833 contains an extremely nar- dence supporting a ban on its use. Today we take another important step in row affirmative defense, available only Mr. Chairman, I yield 21⁄4 minutes to protecting the lives of the unborn. The Partial when the doctor reasonably believed the distinguished gentleman from Birth Abortion Ban Act will end this most cruel that the banned procedure was the only Texas [Mr. DOGGETT]. practiceÐa practice that even the American method that would save the woman’s Mr. DOGGETT. Mr. Chairman, the Medical Association's legislative council has life. This is not a life exception for sev- hard truth is, sir, some can never con- publicly stated is, ``not a recognized medical eral reasons: ceive of a circumstance when an abor- technique.'' They also called this procedure, First, it is only an affirmative de- tion is proper, even when it requires ``repulsive.'' fense, not an exception to the ban. This that the mother sacrifice her life. They Abortion advocates argue that partial birth means that it is available to the doctor call themselves pro-life? What about after the handcuffs have snapped abortions are only used after 26 weeks of the life of mother which is at stake pregnancy in cases where the procedure is around his or her wrists, bond has been here? Because that is what is involved. posted, and the criminal trial is under- nonelective. But the abortionists' interpretation I have read this bill. It provides abso- of nonelective has an enormous scope and in- way. lutely no protection to the physician An affirmative defense shifts the bur- cludes: severe fetal abnormality, Down's Syn- who would go out and perform this pro- drome, cleft palate, pediatric pelvisÐthat's if den of proof to the doctor, placing on cedure in order to preserve the life of him or her the medically difficult bur- the mother is under age 18, depression of the the mother. mother, and even ignorance of human repro- den of proving that no part of the fetus You see, this is all part of a broader passed through the cervix before fetal duction. agenda. These antichoice militants Today, those who would support this hor- demise; or proving that no other proce- have an agenda: Prohibit abortion. No dure would have sufficed to save the rible procedure tell us that it is not a common matter what the reason for that abor- practice. Can anyone really take comfort in woman’s life. Representative CHET ED- tion, prohibit it. Prohibit all family WARDS consulted his wife’s obstetri- debating the number of babies subject to this planning monies. Even go in and dic- death? Whether it is a few hundred or tens of cian, who told him that although this tate what type of birth control a procedure is safer for the woman, a thousands or even one, wrong is wrong and woman can use. no argument on how many will ever change doctor would not be able to meet the Today’s initiative reflects on the suc- burden of proof required under this bill. that. A single life being taken in this way is cesses that some have had in this Con- reprehensible. Thus, doctors would refuse to perform gress: Successes like saying to an the safer procedure even when the In conclusion, I would like to introduce into American service woman in a foreign the RECORD a copy of a recent editorial in the woman’s life is threatened. land who is a victim of rape that she Perhaps most important to the Washington Post by Douglas Johnson. It must bear that child; successes such as spells out some of the most important reasons woman and her family, the affirmative telling the minor daughter of a Federal defense is not available when, in the to support this legislation. Support H.R. 1833, employee who is the victim of incest, the ban on partial birth abortions. context of an abortion necessary to you must bear that child; successes [From the Washington Post, July 16, 1995] save her life, the woman and her doctor such as telling a female prisoner who is decide upon the banned procedure be- beaten and raped, you must be a moth- BAN PARTIAL-BIRTH ABORTIONS cause it is the best method to preserve er. That is the kind of successes that (By Douglas Johnson) her health and her future fertility. have come out of this Congress to date. Congress is considering a bill to ban the These considerations are disallowed We will compel you to carry that ‘‘partial-birth abortion’’ method, defined as under the narrow affirmative defense child to pregnancy; you have no right ‘‘an abortion in which the person performing found in the bill. Thus, doctors are in to privacy, these zealots say. the abortion partially vaginally delivers a effect ordered by the Congress to set living fetus before killing the fetus and com- Well, late term abortions are ex- pleting the delivery.’’ aside the paramount interests of the tremely rare. This procedure is even woman’s health, and to trade off her The bill is aimed at an abortion method more rare. Indeed, I have yet to find a 1 health and future fertility to avoid the usually used after 4 ⁄2 months into pregnancy physician anywhere who ever heard the and often much later, even into the ninth possibility of criminal prosecution. term ‘‘partial birth abortion,’’ until month. At 41⁄2 months, a human being is The California Medical Association this bill came out. You see, it is not a about eight inches long, and—in the words of of 38,000 doctors would answer the gen- medical term that they use in a medi- columnist Richard Cohen [op-ed, June 20]— tleman from Florida by saying: cal school. It is a political term. It is a ‘‘looks like a baby.’’ An abortion performed in the late second public relations term that they have The method in question, as described in a June 16 Los Angeles Times story, ‘‘requires a trimester or in the third trimester of preg- come up with to describe a procedure nancy is extremely difficult for everyone in- physician to extract a fetus . . . through the volved, and CMA wishes to clarify that it is that is used in the rarest of cir- birth canal until all but its head is exposed. not advocating the performance of elective cumstances, when a woman’s life is at Then the tips of surgical scissors are thrust abortions in the last state of pregnancy. stake. It is properly known as the in- into the base of the fetus’s skull and a suc- However, when serious fetal anomalies are tact dilation and evacuation procedure. tion catheter is inserted through the opening discovered late in a pregnancy, or the preg- In those circumstances, when it is and the brain is removed.’’ nant woman develops a life-threatening med- used, it is necessary to use it to protect Some pro-abortion lobbying groups now ical condition that is inconsistent with con- the life of the mother. claim that this method is utilized mainly to tinuation of the pregnancy, abortion—how- Some of the zealots as recently as save the life of the mother or on fetuses that ever heart-wrenching—may be medically suffer from grave disorders incompatible necessary. In such cases, the intact dilation this past month for this position have with life. A number of syndicated col- and extraction procedure (IDE)—which said they will never cease until they umnists, major newspaper editorial boards would be outlawed by this bill—may provide are able to declare in Federal law that and members of Congress have uncritically substantial medical benefits. It is safer in having an abortion or providing one is embraced these claims, even though there is H 11608 CONGRESSIONAL RECORD — HOUSE November 1, 1995 ample documentation that they are erro- McMahon told American Medical News high risk pregnancies, these types of neous. that he uses the method for ‘‘elective’’ abor- pregnancies, has never had to do this, How many partial-birth abortions are per- tions up until 26 weeks (six months). After but she tells me this is not what is formed? In the mind of Richard Cohen, ‘‘they that point, he said, he does only ‘‘non-elec- going on. We are not partially aborting almost don’t exist’’ because ‘‘just four one- tive’’ abortions. But in materials provided to hundredths of one percent of abortions are a House Judiciary subcommittee, McMahon a baby that would be born alive. This is performed after 24 weeks.’’ Why does citing revealed that his definition of ‘‘non-elective’’ to preserve the mother’s life. such percentages give so much comfort to is extremely expensive. For example, he list- Mr. CANADY of Florida. Mr. Chair- defenders of late-term abortions? Consider ed ‘‘depression’’ as the largest single ‘‘mater- man, I yield 11⁄2 minutes to the gentle- that Cohen’s statistic, if accurate, would nal indication’’ for such so-called ‘‘non-elec- woman from California [Mrs. translate into the death of 600 humans each tive’’ abortions. A 1990 article about SEASTRAND]. year—more than twice as many as resulted McMahon by reporter Karen Tumulty, pub- Mrs. SEASTRAND. Mr. Chairman, I from the recent Ebola virus epidemic in lished in the Los Angeles Times Magazine, Africa. found that many such abortions involve not rise in full support of H.R. 1833, the Actually, there are 13,000 abortions annu- medical factors but young teenagers, who Partial-Birth Abortion Ban Act. As a ally after 41⁄2 months, according to the Alan ‘‘put telling anyone as long as they can.’’ mother of two adopted children, I Guttmacher Institute, whose estimate McMahon’s materials also show that he clearly understand the importance and should be regarded as conservative. There is uses the method to destroy many ‘‘flawed significance of this legislation. really no way to know how many doctors are fetuses,’’ as he calls them. These include un- As a woman, I am amazed by claims using the partial-birth abortion method, or born humans with a wide variety of dis- of those who would suggest that I how many partial-birth abortions are per- orders—including conditions compatible would support anything that would formed. with a long life with or without disability However, two specialists in the method, (e.g., cleft palate, spina bifida, Down’s syn- allow a woman’s life to be placed at Dr. Martin Haskell of Dayton, Ohio, and Dr. drome). risk. Let me make this clear—the James McMahon of Los Angeles, have be- True, some babies have more profound dis- mother deserves and has the right to tween them performed more than 3,000 such orders that will result in death soon after the best medical treatment possible. abortions, and have also circulated detailed birth. These unfortunate members of the But partial birth abortions are not papers and given interviews on the subject. human family should not be killed. In some about saving the life of the mother. The polemical claims now being made by such situations there are good medical rea- Doctors performing partial birth critics of the pending legislation cannot sur- sons to deliver such a child early, after abortions have reported that most are vive a careful reading of this material. which natural death will follow quickly. The Is the baby already dead when the abor- bill itself permits use of the partial-birth done as purely elective—one doctor tionist partly removes her from the uterus? abortion method in any case in which it is stating that he had performed nine par- The American Medical News—official news- really necessary because of danger to the life tial-births because the baby had a cleft paper of the ‘‘pro-choice’’ AMA—put that of the mother. lip. A member of the American Medical question to Haskell in a tape-recorded inter- Mr. CANADY of Florida. Mr. Chair- Association’s Council on Legislation view in 1993. Haskell replied, ‘‘No, it’s not. man, I yield 1 minute to the gentleman stated recently that ‘‘he felt this was No, it’s really not. . . . I would think prob- from Virginia [Mr. GOODLATTE], a not a recognized procedure.’’ Other ably about a third of those definitely are dead before I actually start to remove the member of the Committee on the Judi- council members agreed that the ‘‘pro- fetus. And probably the other two-thirds are ciary. cedure is basically repulsive.’’ How- not.’’ Mr. GOODLATTE. Mr. Chairman, I ever, with great consideration given to Brenda Shafer, a registered nurse, accepted rise in strong support of this legisla- our commitment to protect the life of assignment to Haskell’s clinic because she tion, and commend the gentleman from a mother. H.R. 1833 allows for the pro- was strongly ‘‘pro-choice.’’ She quit after Florida for his leadership. cedure when it is clear that ‘‘no other witnessing, close-up, three partial-birth Mr. Chairman, I have seen and heard procedure would suffice for that pur- abortions. In a July 9 letter to Rep. Tony it all now with this effort to block the pose.’’ Hall, Shafer described the end of life for one six-month-old ‘‘fetus’’: ‘‘His little fingers chairman’s ability to bring to the floor Incorrect information concerning were clasping together. He was kicking his these charts. It is no wonder that abor- H.R. 1833 has been spread by those who feet. All the while his little head was still tion proponents are opposed to having want to disguise the cruelty of this so- stuck inside [the uterus]. Haskell took a pair a mother having informed consent, to called normal medical procedure. The of scissors and inserted them into the back children and parents having the benefit fact is nothing is normal or humane of the baby’s head. Then he opened the scis- of parental notification, if they would about extracting a baby, feet first, sors up.’’ hide even this inhumane, abominable from the womb and through the birth McMahon now claims that analgesia he ad- procedure from this Congress and the canal until the head is exposed— ministers to the mother causes ‘‘a medical coma’’ and ‘‘neurological fetal demise.’’ But American people. Perhaps it is shame thrusting scissors into the base of the Prof. Watson Bowes, co-editor of the on the part of those most dedicated baby’s skull and inserting a suction Obsterical and Gynecological Survey and an abortion proponents, who would cause catheter to remove the brain, I ask my internationally recognized authority on fetal a vote to block this information from colleagues to support H.R. 1833 and end and maternal medicine at the University of being presented. Even they feel the this procedure that is the ultimate of North Carolina, responds: ‘‘This statement shame, that we as a society would child abuse. suggests a lack of understanding of mater- allow a partial birth abortion. b nal/fetal pharmacology. . . . Having cared for By the way, those charts fully con- 1245 pregnant women who for one reason or an- other required surgical procedures in the sec- form to this legislation. And by the Mrs. SCHROEDER. Mr. Chairman, I ond trimester, I know that they were often way, this legislation fully protects the yield 4 minutes and 30 seconds to the heavily sedated or anesthetized for the pro- life of the mother. It is only the dif- distinguished gentlewoman from Con- cedures, and the fetuses did not die. . . . Al- ference of 3 inches between full deliv- necticut [Mrs. JOHNSON]. though it is true that analgesic medications ery and doing the same procedure (Mrs. JOHNSON of Connecticut asked given to the mother will reach the fetus and which would be murder in this act. and was given permission to revise and presumably provide some degree of pain re- Mr. Chairman, I strongly support extend her remarks.) lief, the extent to which this renders this this legislation. Let us ban this proce- Mrs. JOHNSON of Connecticut. Mr. procedure pain free would be very difficult to document.’’ dure. Chairman, I rise in firm opposition to A 1993 internal memo written by the then- Mrs. SCHROEDER. Mr. Chairman, I this bill and remind my colleagues that executive director of the National Abortion yield 15 seconds to the gentleman from late-term abortions are, in fact, legal Federation explained that these late abor- California [Mr. BECERRA]. only in very exceptional cir- tions are done for ‘‘many reasons,’’ including (Mr. BECERRA asked and was given cumstances. I ask my colleagues to ask ‘‘social-psychological crises [and] lack of permission to revise and extend his re- themselves this question. If their knowledge about human reproduction.’’ marks.) daughter and son-in-law or their son An even more revealing statement appears Mr. BECERRA. Mr. Chairman, dis- and daughter-in-law were faced with in the American Medical News interview transcript, in which Haskell said, ‘‘In my graceful. That is the only way I can de- the extraordinary tragedy of discover- particular case, probably 20 percent are for scribe the proponents’ descriptions of ing extreme fetal deformity late in genetic reasons. And the other 80 percent are what is going on. My wife, who happens pregnancy, or a life-threatening devel- purely elective.’’ to be a obstetrician-gynecologist in opment, with abortion being the only November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11609 alternative, could they, would they criminalizes a single procedure that gentlewoman from California [Ms. want her to have available the proce- could preserve life and health? No med- LOFGREN] who is also a member of the dure that was least life-threatening, ical organization supports congres- Committee on the Judiciary. most protective of her future reproduc- sional censorship of treatment alter- Ms. LOFGREN. Mr. Chairman, in tive capability, and most respectful of natives. None. many ways I feel very sad that we are the fetus and the need of the parents As a mother who lost a child, I can here discussing this issue today. I have and their living children to mourn this tell my colleagues that the tragedy of heard a lot of rhetoric. We saw charts, early, this eagerly anticipated child? death is miraculously assuaged by the but one of the things that has been a Mr. Chairman, this debate is not miracle of birth. Do not vote to let the real help to me in this discussion is the about the grossness of reducing the cir- tragedy of one death create the tragedy fact, through an odd quirk of fate, that cumference of a fatally deformed fetus’ of another death and banish the renew- I know real people who have had this head to allow vaginal delivery. It is ing miracle of life. Vote no on this bill. procedure. I know a real family that about women facing terrible tragedy Mr. CANADY of Florida. Mr. Chair- has a mother today because this late- and their right to have the safest ap- man, I yield 30 seconds to the gen- term abortion procedure is legal in propriate medical treatment. I am tleman from Oklahoma, Dr. COBURN. America. Mr. COBURN. Mr. Chairman, I think truly appalled at the flipness with It was about a year ago last spring it is important that we have just had a which the proponents of this bill sug- that Suzy Wilson, my long-time col- medical lesson from a Member of this gest she can have a cesarean. It is al- league on the board of supervisors, con- body that is totally inaccurate. Late- most criminal. Women die every year fided to me and her other friends that term abortions can be performed in a of the complications of cesarean sec- she was going to be a grandmother number of ways. This, least of which, is tions. C-sections have four times the again and she was so happy that she mostly convenient for the abortionist, fatality rate of vaginal births. would have a little Abigail. has nothing to do with safety of the Why? Why would my colleagues ask Her son, Bill, and daughter-in-law, their daughter to shoulder this small mother. Other methods are far safer than this method, where the uterus it- Vicky, were expecting. And it was late, but real risk of death for a fetus with very late in the pregnancy that Vicky no potential of life. We are talking self is never instrumented, the risk of bleeding, the risk of incompetent cer- and Bill discovered, much to their hor- about extreme deformity. I am not ror, that the birth defects of little Abi- going to keep this up here because I do vix, and the risk of fertility is avoided by the other methods. gail were so severe that this child not want children watching, I do not could not survive. They went to doc- want people to have to be burdened Mrs. SCHROEDER. Mr. Chairman, I yield such time as she may consume to tors seeking surgery in utero, could with the terrible anguish and tragedy anything be done, and the sad truth we are talking about when we say ex- the gentlewoman from California [Ms. PELOSI]. was, no, nothing could be done. treme deformity that prevents life. Now Vicky had had very strong con- That is what these families are facing. (Ms. PELOSI asked and was given permission to revise and extend her re- tractions and believed that that meant Another alternative? Cesarean sec- this was a very strong child in her ex- tion is one. The only other alternative marks.) Ms. PELOSI. Mr. Chairman, I rise in citement. The truth was that little to this kind of vaginal delivery strong opposition to this most unwise Abigail was having seizures in utero through which a needle is used to re- legislation. because this child’s brains had formed duce the circumference of the head so Mr. CANADY of Florida. Mr. Chair- entirely outside of the cranial cavity. that the delivery can take place, the man, I yield 1 minute to the gentleman And those brains that did form were only other alternative is the old tradi- from Tennessee [Mr. BRYANT], a mem- not normal brains. This child could not tional alternative that this alternative ber of the Committee on the Judiciary. live. was developed in order to avoid the ter- Mr. BRYANT of Tennessee. Mr. Mr. Chairman, I voted to ban the use rible dangers to a woman’s reproduc- Chairman, as a freshman, I am very of charts, the cartoon charts, so I show tive health and to her life that the often disappointed with what goes on this picture of Abigail with some trepi- other method posed. The other method in Washington, but nothing disappoints dation but with the permission of the I did not bring pictures of. I would not me more than to hear the low level, on Wilson family. As Members can see, impose that on the world like my other occasion, the debate on this floor this child’s brains are completely colleague imposed his diagrams, but reaches, especially when we hear peo- formed outside the cranial cavity. This the other method is uglier. ple, like one of my distinguished col- child was a love child. The other method also endangers the leagues on the other side, refer to the The Wilson family is raising money birth canal and, therefore, the future folks who disagree with him as zealots reproductive capability of the woman. in Abigail’s memory for a playground and anitchoice militants. in their hometown. The fact that Abi- Why would my colleagues endanger I am very disappointed. That gen- their daughter’s reproductive future gail had these life-threatening deformi- tleman, as a former judge, I am sure if ties did not make her any less loved by for a fetus that cannot eat, has no kid- he were in the courtroom, and someone neys, no heart? Not one physician in her mother and father. What it did attempted to use this procedure as a mean is that Abigail could not live. this body has ever performed a late- means of execution in a capital murder Because of this procedure, which the term abortion. No obstetrician I know case, his courtroom would have been California Medical Association has said has ever done one. That is because they full of civil libertarians hollering that is the safest, and the safest in several are very, very rare. They are five- this was cruel and inhumane punish- respects, Abigail’s mother is still alive tenths of 1 percent of all the abortions ment. to be a mother to her other two chil- performed after 20 weeks. But of the 600 I want to tell my colleagues who dren. If this bill passes, Vicky Wilson third-trimester abortions performed some of these zealots and antichoice would be dead and her two living chil- last year, 450 were done through this militants are. It is the Council on Leg- dren without a mother. method. islation for the American Medical As- Mr. Chairman, what does that tell sociation, who unanimously voted to I urge defeat of this bill. us? Why? Because it is the safest. Less endorse this particular bill 12 to noth- Mr. CANADY of Florida. Mr. Chair- bleeding, lower complication rate for ing. Some of those said this was not a man, I yield 11⁄2 minutes to the distin- the mother, less painful, and the ge- recognized medical technique. One guished gentlewoman from Florida neticists can better determine what even called it repulsive. [Ms. ROS-LEHTINEN]. went wrong and counsel the couple for So, Mr. Chairman, if that is the kind Ms. ROS–LEHTINEN. Mr. Chairman, future pregnancies. of zealots, antichoice militants that we I rise to support Mr. Canady’s bill, Men and women of this Congress, if it have, then I will stand with the Coun- which is an important step to help were our daughters, would we want her cil on Legislation of the AMA every eliminate this tragic procedure. There life and reproductive hopes and dreams day. is widespread agreement that this un- protected? Will we vote for a bill that Mrs. SCHROEDER. Mr. Chairman, I fortunate and sickening act is not nec- for the first time in history yield 3 minutes to the distinguished essary and should not be permitted. H 11610 CONGRESSIONAL RECORD — HOUSE November 1, 1995 The partial birth abortion is not a le- to treat the patient with the procedure that uterine perforation is almost unknown dur- gitimate medical procedure and it is is most appropriate . . . . [T]he decision ing D&X procedures . . . The fact that there not needed for any particular reason. about how the procedure is to be are few who are skilled in its use speaks While the American Medical Associa- performed *** is one that needs to be made more to the small (but important) need for by the doctor and patient together given this care . . . Only the D&X procedure or a tion has officially taken no position on that patient’s individual needs and the spe- hysterotomy is able to provide a geneticist this bill, the AMA’s Council on Legisla- cifics of the underlying disease and other ill- or a dysmorphologist with a specimen which tion has voted unanimously to rec- nesses. . . . [I]t should be obvious . . . that is (almost) intact. The D&X may allow some ommend support of this bill. As one restricting the medical practice of a safe and women to grieve more effectively because member of the council said, ‘‘The coun- effective procedure would never act to serve they may hold their child, if they wish. . . . cil believes that this is not a recog- a patient’s best interest. Dr. Bruce Ferguson, New Mexico Medical nized medical technique and the proce- Dr. David A. Grimes, Chief, Department of Group, Albuquerque, NM: dure is basically repulsive.’’ Obstetrics, Gynecology and Reproductive This bill is an unprecedented and unwar- sciences, San Francisco General Hospital Listen to the words of a registered ranted attempt to legislate the type of sur- /University of California, San Francisco; for- gical procedure that a physician may use in nurse who has witnessed partial birth merly, Chief of the Abortion Surveillance abortions. Quote, ‘‘The baby’s feet were a particular case. . . . Those promoting the Branch at the Centers for Disease Control, bill have used sensationalized drawings and moving. His little fingers were collaps- the principal official responsible for deter- graphic language to attempt to inflate oppo- ing together. He was kicking his feet. mining the safety of abortion in the U.S.: sition to this surgery. They have left out or All the while his little head was still As I understand the term, opponents of distorted the realities that lead to difficult stuck inside. The doctor took a pair of abortion are using [the phrase ‘‘partial birth abortion decision late in pregnancy, the scissors and inserted them in the back abortion’’] to describe one variant of the di- facts about how this procedure is performed, lation and evacuation procedure (D&E), of the baby’s head. Then he opened the and how rarely this surgery takes place. But which is the dominant method of second-tri- more importantly, the bill’s language is scissors up. Then he stuck the high- mester abortion in the U.S. If one does not powered suction tube into the hole and vague and would probably apply to most sec- use D&E, the alternative methods of abor- ond trimester abortions, even those done sucked the baby’s brains out.’’ tion after 12 weeks’ gestation are ‘‘total using the more conventional techniques. birth abortion,’’ labor induction, which is As the mother of two children, I do [T]he language of the bill would make more costly and painful, or hysterectomy, not comprehend how we can allow any many doctors [who don’t perform third tri- which is still more costly, painful, and haz- baby to be subjected to such inhumane mester IDE procedures] into criminals, since ardous. Given the enviable record of safety of treatment. I wholeheartedly support there are many abortions in which a portion all D&E methods, as documented by the Cen- of the fetus may pass into the vaginal canal Mr. Canady’s bill and I urge my col- ters for Disease Control and Prevention, and there is no clarification of what is meant leagues to do so as well. there is no public health justification for any by ‘‘a living fetus.’’. . . Does the doctor have regulation or intervention in a physician’s b 1300 to do some kind of electrocardiogram and decision-making with the patient. brain wave test to be able to prove their Mrs. SCHROEDER. Mr. Chairman, I . . . [A]bortions after 24 weeks gestation fetus was not living before he allows a foot submit for the RECORD the following are exceedingly uncommon and are done for or hand to pass through the cervix? The compelling fetal or maternal indications medical statements on this bill: vagueness and the civil cause of action cre- only. . . . D&E dramatically reduces medi- WHAT THE MEDICAL PROFESSION SAYS ABOUT ated in the bill will create all the opening cal costs and patient suffering. . . . From a H.R. 1833 that woman’s parents need to file a suit public health perspective, any intrusion of 1. California Medical Association (approx. against their daughter’s physician. Even Congress into this medical issue is both un- 38,000 doctors: Strongly opposes H.R. 1833 as though the physician prevails in court, the warranted and unjustified. ... an unwarranted intrusion into the physician- Dr. Lewis H. Koplik, Albuquerque, New costs of defending these suits by the pa- patient relationship by preventing physi- Mexico: tient’s parents will cause considerable in- cians from providing necessary medical care This bill does not include any defini- creased costs to all doctors providing abor- to their patients. Further, it would impose a tions. . . . These are no small concerns. We tion care, not just to those currently doing horrendous burden on families who are al- who provide abortions may be at risk for late third trimester IDE procedures. ready facing a crushing personal situation— legal prosecution because of these omissions, Mrs. SCHROEDER. Mr. Chairman, I the loss of a wanted pregnancy to which the even when an abortion is done in the first woman and her spouse are deeply committed. yield 1 minute and 20 seconds to the trimester or early second trimester. gentlewoman from Texas [Ms. JACK- 2. American College of Obstetricians and With any dilation and evacuation (D&E) Gynecologists [ACOG]: Will not support or abortion procedure there is the possibility SON-LEE], another distinguished mem- endorse H.R. 1833. Opposed to any law that that the fetus may still have a pulsating ber of the Committee on the Judiciary. mandates against a specific medical proce- heart when a somatic element is grasped (Ms. JACKSON-LEE asked and was dure and criminalizes such a procedure. with a forceps and brought through the di- given permission to revise and extend 3. American Medical Women’s Association lated cervix. If this is true would those phy- (approx. 13,000 women doctors): Opposes H.R. her remarks.) sicians who do second trimester D&E proce- 1833 as legislation which unduly interferes Ms. JACKSON-LEE. Mr. Chairman, dures, prior to viability, be at risk for being with the physician-patient relationship. H.R. charged under the proposed bill? . . . During this is so very tough. It is grueling. It 1833 represents a serious impingement on the a suction curettage abortion is the fetus live is overwhelming. It is in the name of rights of physicians to determine appro- if the heart muscle is contracting as the Abigail. It is in the name of Tammy priate medical management for individual fetal tissue passes through the suction tub- Watts, who came to our committee and patients. ing? If this could be shown to be true would 4. American Medical Association: Refused said that she lost a child because of its all suction abortions also be outlawed? to take a position on H.R. 1833. Rejected a severe abnormalities and inability to Though these considerations may seem far recommendation from its legislative council, live. Her quote was that, ‘‘I would have fetched, so was the likelihood, a few years a 12-member council that includes no ob- done anything to save its life.’’ ago, that a physician would be murdered be- gyns, to endorse the bill. cause he or she was practicing medicine and Mr. Chairman, I do not want to be INDIVIDUAL STATEMENTS providing a legally sanctioned operative pro- here. I do not want to have this debate, Dr. Mitchell Creinin, Assistant Professor, cedure. Now such ‘‘far fetched’’ concerns and but the truth must be told and today, U. of Pittsburgh School of Medicine, and risks are what abortion providers live with unfortunately, we are not telling the Director of Family Planning and Family daily. truth. Planning Research in the Department of [T]he D&X procedure is well recognized as This bill presumes a physician guilty. Obstetrics, Gynecology and Reproductive a safe and effective technique by those who Sciences: ‘‘This technique is a highly spe- provided abortion care. It was originally de- This bill allows our sheriff, our chief of cialized operative procedure that is used for veloped to reduce the risk of complication to police, our FBI, whatever law enforce- pregnancy termination under special cir- women who had to undergo a distressing late ment, to go into the office of a physi- cumstances by trained specialists. The usual abortion procedure. With the D&X procedure cian and say that although you have patient has a desired pregnancy that is com- the risk of severe cervical laceration and the saved the life of the woman you have plicated most commonly by a genetic abnor- possibility of damage to the uterine artery violated the law. mality; this is not a procedure used arbitrar- by a sharp fragment of calvarium is virtually This bill attacks Roe versus Wade. ily by any practitioner under any cir- eliminated. Without the release of cumstances. * * * In performing the abor- thromboplastic material from the fetal This bill presumes that saving the life tion, the physician keeps in mind the wom- central nervous system into the maternal of a mother is not a relevant part of an’s health, life and future reproductive abil- circulation, the risk of coagulation prob- what this physician or any physician ity. As such, it should be up to the physician lems, D.I.C. does not occur. In skilled hands has to do. This bill did not even allow November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11611 exception for the life or health of the personal situationÐthe loss of a wanted preg- ant to dilation until about 36 weeks. Inductions mother. nancy. done before this time take between 2 to 4 This debate has injected an ugly pic- The misconceptions surrounding this bill are days. Induction is also a physically painful ture of incorrect representation about as astonishing: process. Because of the danger of uterine rup- this medical procedure simply to in- First of all, the term ``Partial birth abortion'' ture, inductions require constant nursing su- flame your emotions. The fetus is al- is not found in any medical dictionaries, text- pervision and are therefore done on the labor ready deceased based on an excessive books or coding manuals. The definition and delivery ward. The physical pain is inten- amount of anesthesia. This is the only 1531(b) of H.R. 1833 is so vague as to be sified by the emotional pain of losing a wanted way to allow a situation for that moth- uninterpretable, yet chilling. Many OB/GYNs pregnancy while spending days listening to er to then be a mother again, because fear that this language could be interpreted to other newborns cry and other families cheer in of this safe procedure. ban all abortions where the fetus remains in- delight. Mr. Chairman, I only ask that my tact. Partial birth abortion is a term made up Third, a cesarean is a dangerous procedure. colleagues look realistically and not by the authors of H.R. 1833 to suggest that a A cesarean delivery involves twice as much castigate those of us who painfully living baby is partially delivered and then blood loss as a vaginal delivery. Before 34 stand up here to ask that Americans’ killed. weeks gestation the lower segment of the Second, the fetus is not alive when it leaves rights be protected and the rights of uterus is usually too thick to use a standard the womb. The fetus dies of an overdose of women and their right of good health horizontal incision, so a vertical incision is anesthesia given to the mother intravenously. to be able to become pregnant again. necessary. Any uterine incision complicates This dose is calculated for the mother's weight Vote against this bill. It does not help future pregnancy, but a vertical incision is which is 50 to 100 times the weight of the the American people. It breaks the more dangerous and jeopardizes both the fetus. The mother gets the anesthesia for hearts of mothers and criminalizes mother's health and any future pregnancies. each insertion of the dilators, twice a day. This physicians. When the uterus has a vertical scar, future Mr. Chairman, in 1973, and more recently in induces brain death in a fetus in a matter of pregnancies require a cesarean section and 1992, the Supreme Court held that a woman minutes. Fetal demise, therefore, occurs at the are more apt to be complicated by uterine rup- has a constitutional right to choose whether or beginning of the procedure while the fetus is ture. not to have an abortion. H.R. 1833 is a direct still in the womb. attack on the principles established in both Third, there are no scissors involved. Using An abortion performed in the late second tri- Roe versus Wade and Planned Parenthood the intact D&E procedure, a doctor can put mester or in the third trimester of pregnancy is versus Casey. into the cervix small dry cylinders that expand extremely difficult for everyone involved. How- H.R. 1833 is a dangerous piece of legisla- as they absorb fluid from the mother, causing ever, when serious fetal anomalies are discov- tion which would ban a range of late term gradual expansion of the cervix overnight. The ered late in a pregnancy, or the mother devel- abortion procedures that are used when a patient can return home except for twice daily ops a life-threatening medical condition that is woman's health or life is threatened or when clinic visits to ensure that she is dilating and inconsistent with the continuation of the preg- a fetus is diagnosed with severe abnormalities to replace the osmotic dilators if more dilation nancy, abortionÐhowever heart-wrenchingÐ incompatible with life. Because H.R. 1833 is required. She receives intravenous anesthe- may be medically necessary. does not use medical terminology, it fails to sia for the insertion of the dilators as well as In such cases, the intact dilation and extrac- clearly identify which abortion procedures it for the procedure. tion procedure [IDE]Ðwhich would be out- seeks to prohibit, and as a result could pro- The procedure can be accomplished with lawed by this billÐmay provide substantial hibit physicians from using a range of abortion less dilationÐwhich means less trauma to the medical benefits. It is safer in several respects techniques, including those safest for the cervix and less chance of problems in the next than the alternatives, maintaining uterine in- woman. pregnancyÐif some of the fluid is removed tegrity, and reducing blood loss and other po- H.R. 1833 is a direct challenge to Roe ver- from the fetal headÐwhich is the largest part tential complications. In addition, the proce- sus Wade, 1973. This legislation would make of the fetusÐby using a spinal needle for aspi- dure permits the performance of a careful au- it a crime to perform a particular abortion ration. This technique reduces the chances of topsy and therefore a more accurate diagnosis method utilized primarily after the 20th week lacerating the cervix which contains large of the fetal anomaly. Intact delivery allows ge- of pregnancy. This legislation represents an blood vessels. neticists, pathologists, and perinatalogists to unprecedented and unconstitutional attempt to Fourth, late term abortions are not common. determine what exactly the fetus's problems ban abortion and interfere with physicians' Ninety-five and one-half percent of abortions were. As a result, these families, who are ex- ability to provide the best medical care for take place before 15 weeks. Only a little more tremely desirous of having more children, can their patients. than one-half of one percent take place at or receive appropriate genetic counseling and If enacted, such a law would have a dev- after 20 weeks. Fewer than 600 abortions per more focused prenatal care and testing in fu- astating effect on women who learn late in year are done in the third trimester and all are ture pregnancies. Often, in these cases, the their pregnancies that their lives or health are done for reasons of life or health of the moth- knowledge that a woman can have another at risk or that the fetuses they are carrying erÐsevere heart disease, kidney failure, or child in the future is the only thing that keeps have severe, often fatal, anomalies. rapidly advancing cancerÐand in the case of families going in their time of tragedy. In Roe, the Supreme Court established that severe fetal abnormalities incompatible with Political concerns and religious beliefs after viability, abortion may be banned by lifeÐno eyes, no kidneys, a heart with one should not be permitted to take precedence States as long as an exception is provided in chamber instead of four or large amounts of over the health and safety of patients. The de- cases in which the woman's life or health is at brain tissue missing or positioned outside of termination of the medical need for, and effec- risk. H.R. 1833 provides no exceptions for the skull, which itself may be missing. tiveness of, particular medical procedures Finally, there are no safer alternatives: First, cases in which a banned procedure would be must be left to the medical profession, to be a woman cannot simply wait and ``let nature necessary to preserve a woman's life or reflected in the standard of care. health. take its course'' that is, let the woman go to Instead the bill contains an ``affirmative de- term and go into labor. Fetuses with severe In passing H.R. 1833, this Congress would fense'' that could be asserted by a doctor after abnormalities have a high chance of dying, in set an undesirable precedent which goes way he or she faces criminal prosecution or a civil utero, even before labor begins thus posing a beyond the scope of the abortion debate. Will claim. The affirmative defense covers only severe health threat to the mother. When a we someday be standing here debating the cases where a doctor could prove that he or fetus dies, its tissues begin to break down and validity of a triple bypass or hip replacement she ``reasonably believed'' that no other proce- are released into the mother's circulation. This procedure? Aren't these dangerous and un- dure could have saved the woman's life. Few can lead to major problems with the mother's pleasant procedures? physicians would be willing to perform the pro- clotting mechanism, making it more difficult for The legislative process is ill-suited to evalu- cedure and risk the harsh penalties contained her to stop bleeding. This is a huge problem ate complex medical procedures whose impor- in the bill. for a woman undergoing either labor or a sur- tance may vary with a particular patient's case This bill would create an unwarranted intru- gical delivery and increases the chances of re- and with the state of scientific knowledge. The sion into the physician-patient relationship by quiring blood products and/or an emergency mothers and families who seek late-term abor- preventing physicians from providing nec- hysterectomy. tions are already severely distressed. They do essary medical care to their patients. Further- Second, induction of labor with drugs is not not want an abortionÐthey want a child. more, it would impose a horrendous burden a safer alternative. The cervix, which holds the Tammy Watts told us that she would have on families who are already facing a crushing uterus closed during pregnancy, is very resist- done anything to save her child. She told H 11612 CONGRESSIONAL RECORD — HOUSE November 1, 1995 me, ``If I could have given my life for my to ban a procedure that is not proper, Mr. FARR. Mr. Chairman, I want to child's I would have done it in a second.'' that is not ethical, and that is inhu- follow up on asking my colleagues to Unfortunately, however, there was nothing mane to children. look at the bill. We have been looking she could do. For Tammy, and women like Mrs. SCHROEDER. Mr. Chairman, I at a lot of pictures today, but look at her, a late term abortion is not a choice it is yield 2 minutes to the gentleman from the bill. a necessity. We must not compound the phys- Massachusetts [Mr. FRANK], a distin- Mr. Chairman, we are lawmakers. ical and emotional trauma facing these women guished member of the Committee on That is what my colleagues were sent by denying them the safest medical procedure the Judiciary. here to do. This law says whoever per- available. Mr. FRANK of Massachusetts. Mr. forms a partial-birth abortion. What is This bill unravels the fundamental constitu- Chairman, first, let us underline again a partial-birth abortion? There is no tional rights that American women have to re- the outrage of bringing up this bill medical description of that. We are ceive medical treatment that they and their under an absolutely closed rule. No making that up today. doctors have determined are safest and medi- Member was allowed to offer an amend- Whoever performs it shall be fined or cally bet for them. By seeking to ban a safe ment to explicitly allow for the protec- imprisoned for not more than 2 years, and accepted medical technique, Members of tion of the life or serious health of the or both. This is a bad law. We need to Congress are intruding directly into the prac- mother, except in the convoluted way vote it down, because we did not pass tice of medicine and interfering with the ability in this bill because of only an hour of the rule to allow for a good debate and of physicians and patients to determine the debate. I have rarely seen so important good amendments. best course of treatment. The creation of fel- a subject so shabbily treated proce- Mrs. SCHROEDER. Mr. Chairman, I ony penalties and Federal tort claims for the durally. yield such time as he may consume to Second, this once again shows the performance of a specific medical procedure the gentleman from Washington [Mr. great gap that exists between the Re- would mark a dramatic and unprecedented ex- MCDERMOTT]. publicans’ profession about States’ pansion of congressional regulation of health (Mr. MCDERMOTT asked and was rights and the reality. This bill makes care. given permission to revise and extend criminal procedures which the States This bill is bad medicine, bad law, and bad his remarks.) policy. Women facing late term abortions due could make criminal, presumably, if they wanted to or not. What this bill Mr. MCDERMOTT. Mr. Chairman, I to risks to their lives, health or severe fetal ab- rise to enter my remarks in the normalities incompatible with life must be able says is that States are not smart enough; they do not care enough about RECORD in opposition to this terrible, to make this decision in consultation with their terrible bill. families, their physicians, and their god. these children. We, the Federal Govern- ment, will step in. Mr. Chairman, I rise in strong opposition to Women do not need medical instruction from H.R. 1833. As a medical doctor, I was trained the Government. To criminalize a physician for It does try to deal with that. It say this only involves abortions as crimes to evaluate all viable options when accessing using a procedure which he or she deems to a patient's medical condition. be safest for the mother is tantamount to leg- which are in or affect interstate or for- I oppose H.R. 1833 because it will ban a le- islating malpractice. eign commerce. How does the woman gitimate medical procedure, and jeopardize Mr. CANADY of Florida. Mr. Chair- know that she is in foreign commerce the lives of thousands of child-bearing women. man, I yield 15 seconds to the gen- or interstate commerce? Is her head in Canada and her feet in Detroit? What H.R. 1833 will ban a specific procedure tleman from Oklahoma [Mr. COBURN]. Mr. COBURN. Mr. Chairman, again kind of nonsense are we talking about? used only in the most extreme and necessary What they are is embarrassed that to correct the medical facts, infants cases of late-term abortions, usually when the they are so blatantly preempting the under this procedure who have received health or life of the woman is at risk. States, because they know how much it an anesthetic from their mother are This legislation provides no exceptions in differs with what they profess. It says not dead. They are not dead. They are cases where the health or even the life of the we will make it a criminal procedure if as alive as my colleagues or I. The an- woman are at risk. It is inhumane to unneces- it happens to be in interstate com- esthetic required to terminate a fetus sarily risk a woman's life simply to pursue a merce. in utero would put the mother at great political agenda. Mr. Chairman, it also has a supposed risk and it is never performed. This bill is not only bad public policy, but it defense if the doctor is worried about Mr. CANADY of Florida. Mr. Chair- is also bad medicine. Why should we interfere the life of the mother, but it becomes a man, I yield 1 minute to the gentleman with the very personal, ethical, and medical defense that the doctor has to prove. from Indiana [Mr. ROEMER]. decisions made between a patient and a doc- To avoid a criminal proceeding here, a Mr. ROEMER. Mr. Chairman, I rise tor? doctor will have to show that he was in in support of this bill as a prolife Dem- Why should we deny a woman's constitu- interstate commerce. Nothing in here ocrat, not only concerned as we are tional right to decide whether or not to have tells the doctor whether he is in inter- talking about the process of birth an abortion. The answer is that it is not our state commerce or not. job to step between a woman and her doctor. today, but about the cycle of life for Second, the doctor would have the We know that the U.S. Supreme Court spe- our Nation’s children. burden of proof before the jury to show cifically recognized a woman's right to choose Mr. Chairman, what are we talking that he was trying to save the woman’s a safe abortion under the principles of Roe about today with partial-birth abor- life. Obviously, it will keep people from versus Wade, and those principles were again tions? On page 5 in this bill we define doing it. this as meaning: An abortion in which This, obviously, once again shows upheld in Planned Parenthood versus Casey. the person performing the abortion that all that we hear about States’ The Supreme Court has already ruled that partially delivers a living fetus before rights is just cover. When Republicans States may restrict late-term abortions, except killing the fetus and completing the think the States are wrong, they will when the woman's health or life are at risk. delivery. preempt the States. This is a dis- This bill is a blatant constitutional challenge to Mr. Chairman, I would encourage my respectful bill towards States’ rights as the rights outlined in Roe versus Wade. colleagues to pay careful attention to well as the rights of women. Mr. Chairman, let me stress that this bill is that. ‘‘Delivers a living fetus before Mr. CANADY of Florida. Mr. Chair- opposed by several reputable medical organi- killing the fetus.’’ We have had dis- man, I would inquire of the Chair as to zations including the American College of Ob- agreements on this floor before about the remaining time on each side. stetricians and Gynecologists, and the Amer- States’ rights and restricting abortion The CHAIRMAN (Mr. EMERSON). The ican Medical Women's Association. It is not and health care plans. This debate gentleman from Florida [Mr. CANADY] even endorsed by the American Medical Asso- today is about a gruesome and repul- has 11 minutes and 15 seconds remain- ciation. sive medical technique that we should ing, and the gentlewoman from Colo- Do not be fooled by H.R. 1833. If you vote act on in a bipartisan way to ban on rado [Mr. SCHROEDER] has 17 minutes yes, you are voting to deny a patient's right to this House floor. and 10 seconds remaining. receive medically necessary care. I urge you Mr. Chairman, this is not a vote that Mrs. SCHROEDER. Mr. Chairman, I to take a long look at the potential ethical and should divide men and women or Demo- yield 30 seconds to the gentleman from medical dangers of this bill. Vote ``no'' on H.R. crats from Republicans. This is a vote California [Mr. FARR]. 1833. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11613 Mrs. SCHROEDER. Mr. Chairman, I Our forefathers shared this philoso- tion would be necessary to save the yield 2 minutes to the gentlewoman phy when they wrote into our Declara- mother’s life, let me be clear, and the from New York [Mrs. LOWEY]. tion of Independence that, ‘‘We are en- legislation is equally clear. If this pro- Mrs. LOWEY. Mr. Chairman, I just dowed by our Creator with certain cedure is ever needed for this reason, want to alert the proponents of this unalienable rights, that among these H.R. 1833 grants a defense to the physi- bill that as we speak, two clinics have are life, liberty and the pursuit of hap- cian performing it. Section E of the received bomb threats. I think we have piness.’’ bill does this. to be very careful for our rhetoric and Mr. Chairman, I ask that we consider take responsibility for our words. the difference. A doctor performs a b 1315 Mr. Chairman, this legislation is an- painful, cruel, partial-birth abortion other attempt to make sure that doc- As a former prosecutor, I know it is one day and it is accepted. Then, if not uncommon in the area of criminal tors who perform abortions, which are that same mother gave birth to the legal in this country, are harassed. law to provide an exception to a gen- same age child the next day and then eral prohibition in the form of a de- Around the country, anti-choice ex- she killed her child, she would be tremists are targeting doctors and fense. For example, we have a general charged with murder. rule against homicide, but an exception their patients for harassment and vio- Mr. Chairman, only a few hours sepa- to this general rule is carved out for lence, and it looks like on Capitol Hill rate these two acts, but one is consid- those who are forced to kill another anti-choice politicians seek to ered unjust and the other is accepted human being in order to defend them- criminalize abortions and put the doc- and even promoted. There is something selves. We commonly call this excep- tors who perform them in jail. wrong with our society today if we con- tion self-defense. So in H.R. 1833, we Mr. Chairman, I rise in strong opposi- tinue to justify such an unjust proce- allow a partial-birth abortion to be tion to this bill. Proponents of this bill dure. performed if it is necessary to save a attempt to exploit one of the greatest Mr. Chairman, let us show our re- mother’s life. tragedies any family can ever face by spect for human life and support H.R. using graphic pictures and sensational- 1833. There are more than 30 affirmative ized language and distortions. Mrs. SCHROEDER. Mr. Chairman, I defenses in Federal law. These defenses Families facing a late-term abortion yield 1 minute to the distinguished share a common thread. The evidence are families that want to have a child. gentleman from Arizona [Mr. PASTOR]. for the defense is under the control of These couples have chosen to become (Mr. PASTOR asked and was given the defendant, and the defendant has parents and only face terminating the permission to revise and extend his re- special knowledge of the facts which pregnancy due to unavoidable cir- marks.) establish the defense. cumstances. Unfortunately, our tech- Mr. PASTOR. Mr. Chairman, this is The practitioner who has performed a nology is still not sophisticated enough in response to the question that the partial-birth abortion and claims that to detect all possible medical problems distinguished gentlewoman from Con- he performed it in order to save the life early in a pregnancy. necticut asked me to consider. of the mother has the specific knowl- Mr. Chairman, I say to my col- Mr. Chairman, I have two daughters leagues, this bill is not about choice; it edge of the circumstances which sur- and they are in their mid-20s. My wife rounded his action and has complete is about necessity. As the mother of and I expect that they will have happy three grown children, I thank God control of the evidence to show why he lives and we hope that they have chil- used this method of abortion. There is every day that my children were born dren and are very productive. We pray healthy and strong. However, not ev- simply no reason to oppose this narrow to God that our daughters will never in eryone is so lucky. piece of legislation to protect our chil- their pregnancy have to face a situa- Yesterday, my office received a call dren. tion in which their life is threatened or from Claudia Ades. She lives in Santa Mrs. SCHROEDER. Mr. Chairman, I the fetus is developing in a very abnor- Monica. She had heard about this bill yield myself such time as I may mal way. and called to beg us, called to ask us if consume. But, Mr. Chairman, if God wills it, there was anything she could do to de- then we hope that the decision of this I just add to the record, please read feat it. Claudia said so passionately, page 6 of the bill where on the affirma- ‘‘this procedure saved my life and medical practice will be determined by a doctor and not a politician. tive defense, it is only after the doctor saved my family.’’ has been arrested and, No. 2, it says the Mr. Chairman, 3 years ago Claudia Mr. Chairman, this bill will force doctor must also prove no other proce- was pregnant and happier than she had doctors to decide whether or not to dure would suffice. Not that it is the ever been in her life. However, 6 perform this medical procedure under best, but none would suffice. I would months into her pregnancy she discov- the threat of civil and criminal pros- like to counter what the gentleman has ered that the child she was carrying ecution, even though my daughter’s just said on the floor. suffered from severe fetal anomalies life may be threatened. and made its survival impossible and Mr. CANADY of Florida. Mr. Chair- Mr. Chairman, I yield 1 minute to the placed Claudia’s life at risk. man, I yield 2 minutes to the gen- gentlewoman from New York [Ms. After speaking to a number of doc- tleman from Georgia [Mr. BARR]. SLAUGHTER]. tors, Claudia and her husband finally Mr. BARR. Mr. Chairman, I rise (Ms. SLAUGHTER asked and was had to accept that there was no way to today in strong support of H.R. 1833, a given permission to revise and extend save this pregnancy. Again, this was a bill that is clearly pro-life. It protects her remarks.) the unborn from one of the most gro- desperately wanted pregnancy and she Ms. SLAUGHTER. Mr. Chairman, I had to make this very difficult deci- tesque forms of death imaginable. Mr. Chairman, I urge my colleagues, am absolutely panicked and concerned sion; not the Congress. today that a majority of this House be- Mr. CANADY of Florida. Mr. Chair- who might otherwise not support a pro- lieves that a young pregnant woman man, I yield 11⁄2 minutes to the gentle- life piece of legislation, to very care- has no right to life. Her health status, woman from North Carolina [Mrs. fully consider supporting this piece of her family’s wishes have nothing to say MYRICK]. legislation which simply and narrowly Mrs. MYRICK. Mr. Chairman, I hon- protects against partial-birth abor- here. It is simply that we will do every- estly believe that many of the societal tions. thing we can to preserve a fetus, which problems we have today stem from the Mr. Chairman, I would also like to on the face of it, has no chance at life fact that we have no regard for human note that H.R. 1833 does in fact recog- itself. life. Partial-birth abortions, drive-by nize that there may be circumstances Remember that a third-trimester shootings, cop killings, they have all in which a physician must have legal abortion is a medically necessary abor- become a way of life. protection when called on to perform tion to start with. The law specifies Mr. Chairman, call me old-fashioned, one of these procedures in order to save that. It has already been determined but I believe every individual born into the life of the mother. that the fetus will not live, cannot sur- this world is special, needed and impor- While I do not believe there is evi- vive birth, or that the mother’s life is tant. dence to suggest a partial-birth abor- in severe danger. H 11614 CONGRESSIONAL RECORD — HOUSE November 1, 1995 If you believe that a doctor having are going to be born malformed and for formed, .01 percent. There are two or put his whole life in his medical prac- the mothers who will be ill. three procedures that are used, mean- tice, with a family of his own, faced Because of the gag rule which was ing that this procedure is used in only with an emergency situation is going just passed, the life or health of the a portion of that .01 percent. Of these to act to save the life of the mother, mother, or the fetus will have zero con- procedures, all are more terrifying and putting himself up for arrest and to go sideration. unpleasant than this one. But if a to jail, then you pray to God that no Mrs. SCHROEDER. Mr. Chairman, I woman is carrying a fetus which has a member of your family is ever put in yield 11⁄2 minutes to the gentlewoman severe abnormality or if she herself has that position. from New York [Mrs. MALONEY]. a severe health condition which threat- What is next for us? Are we going to Mrs. MALONEY. I thank the gentle- ens her health if she continues to carry decide that no woman of child-bearing woman for yielding me the time. the fetus, one of these procedures must age will be allowed to have a Mr. Chairman, I rise in opposition to be used. The bill itself states that there this antiwoman, extremist, unwise leg- hysterectomy no matter what the cir- are circumstances in which no other islation. They would not even allow an cumstances? What do the great medical procedure will suffice. experts in the House of Representatives amendment to save the mother’s life. Apparently, the supporters of H.R. 1833 I believe strongly that we should not have in store for women of America decide medical procedures on the floor next? think it is more important to save a doomed fetus than to save the life of a of this House and am deeply concerned Mr. CANADY of Florida. Mr. Chair- about where this might lead. man, I yield 1 minute to the gentleman woman and her ability to have children in the future. I believe strongly that we should al- from Florida [Mr. WELDON]. ways provide exceptions to save the life Mr. WELDON of Florida. Mr. Chair- This is the first time that this body of the mother, and this bill man, prior to coming to the House of has moved forward to criminalize a criminalizes that process. Representatives, I was practicing medi- medical procedure. As the mother of cine and, indeed, I was sitting at my two children, I know firsthand the joy I do not think we should be voting on desk and reading a copy of the Amer- and excitement that a pregnant woman this process today, but because the bill ican Medical News where this proce- has when she awaits the birth of a very is before us, I intend to vote ‘‘no.’’ dure was first described back in 1993, much wanted child. I cannot think of Mr. CANADY of Florida. Mr. Chair- where the originators of this procedure anything more horrible than to learn man, I yield 30 seconds to the gen- printed in the article that in about 80 that the baby, the fetus, has abnor- tleman from Ohio [Mr. CHABOT]. malities incompatible with life. In percent of the cases, it is purely an Mr. CHABOT. Mr. Chairman, some these situations, the family is con- elective procedure. It is not a fetus might argue otherwise but I would sub- fronted with the child dying in her that has defects, and, indeed, they ad- mit that this should not be controver- womb, possibly killing the mother, or mitted that they do them in not only sial legislation. This bill would pro- the late second trimester, but as well this lifesaving procedure. Vote to put people over propaganda. hibit a particularly grotesque and in- in the third trimester. This legislation is bad medicine and human practice. A partial birth abor- I was shocked that these guys would bad policy. tion is literally the killing, in a most admit it in public. I was not so much Mr. CANADY of Florida. Mr. Chair- brutal fashion, of a late-term baby. It shocked by the grotesqueness of the man, I yield 30 seconds to the gen- is incredible that a practice like this procedure because all these abortion tleman from California [Mr. DORNAN]. could go on in a civilized society. Adop- procedures are vile but the fact that (Mr. DORNAN asked and was given tion of this legislation would stop it. these guys would admit how they do it permission to revise and extend his re- I hope my colleagues resoundingly to the public and admit that it is an marks.) support this bill. It is a major step in elective procedure. Mr. DORNAN. Mr. Chairman, I asked the battle to protect the lives of the I very much support the legislation for 30 seconds so I could hear more unborn. of the gentleman from Florida [Mr. from this excellent prolife freshman Mrs. SCHROEDER. Mr. Chairman, I CANADY]. I encourage all of my col- class, our prolife women, our prolife yield 2 minutes to the distinguished leagues to vote in support of this legis- doctors, we have two of them on our freshman gentlewoman from Michigan lation and make partial-birth abor- side now. I will do a 5-minute or a 60- [Ms. RIVERS]. tions illegal. minute, depending on how we conclude Ms. RIVERS. Mr. Chairman, as we Mrs. SCHROEDER. Mr. Chairman, I today, to analyze the vote and I wel- yield 1 minute to the distinguished listen to the debate today, it is very come any participation. clear that one side would like us to gentlewoman from California [Ms. Thomas Aquinas died 721 years ago at focus more on the procedure than on WOOLSEY]. age 50 and there was some discussion the circumstances that lead families to (Ms. WOOLSEY asked and was given then about when life began. My pal, the this decision. I think it is important permission to revise and extend her re- gentleman from New York [Mr. SCHU- that we do not do so. I think it is im- marks.) MER], said we all have different opin- portant that we recognize that this is a Ms. WOOLSEY. Mr. Chairman, make ions. When you pull out feet, f-e-e-t, rare procedure that is performed under no mistake, you are hearing it. This and you feel a little beating heart and relatively narrow legal conditions. bill is for one thing and one thing only you are sucking out brains, you know That, for the most part, the women in- and that is to criminalize late-term it is a human being. And it has a soul. volved are older, they are married, the abortions and it is a cruel attempt to S-o-u-l, soul. make a political point. Mrs. SCHROEDER. Mr. Chairman, I pregnancies are wanted, planned for, H.R. 1833 is a frontal attack on Roe yield 2 minutes to the gentlewoman joyously anticipated, and it is only when things go terribly, terribly wrong versus Wade, plain and simple. The rad- from Kansas [Mrs. MEYERS]. ical right wants to do away with Roe, Mrs. MEYERS of Kansas. Mr. Chair- that families turn to this option when and this bill is the first step. So let us man, I do not want to be here today there is a fetal anomaly, when there is be honest about what this debate is and the AMA does not want to be here a threat to the mom. really about. This legislation seeks to today, and the groups who protect the Many people have talked here today prohibit abortion techniques which are interests of women do not want to be about their own experiences as parents used in the late stages of a pregnancy, here today. and the joy and the happiness that when the life of the mother is in dan- All of us agree that late-term abor- they went through holding the baby for ger, or when a fetus is so malformed tions are terrible and we hope that the first time, counting the fingers, that it has no chance of survival. none ever have to be performed. But we counting the toes. You are right. It is Mr. Chairman, I cannot help but are here because others have decided an exciting and wonderful time, but it make the comparison and connection that it is imperative that we vote on is particularly cruel to use those kinds that a lot of the proponents of this bill the floor of this House on the medical of experiences as an attack on these are the same people who are cutting procedure. families who, through circumstances Medicaid, who are doing away with the We know that after the 24 week, only they cannot control, are not going to support systems for those children that .01 percent of all abortions are per- have that opportunity. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11615 We are talking about mothers who their rhetoric. The analogy between Mr. CANADY of Florida. Mr. Chair- are carrying pregnancies that cannot abortion and drive-by shootings is ex- man, I yield 1 minute to the gentleman survive, promises that cannot be ful- tremely inflammatory. from New Jersey [Mr. SMITH]. filled, and people are attacking them I also would like to remind my col- Mr. SMITH of New Jersey. Mr. Chair- unfairly. leagues that during this debate it has man, this is a historic day for our Na- We are leaving those moms with no been reported that there are two seri- tion. The coverup of abortion methods avenue. We are saying they must risk ous bomb threats on clinics, so let us is over. their lives, because the fetus’ condition be careful to watch our rhetoric and Today, Congress comes to grips with can oftentimes cause infection, some- not use political advantage in a very the specifics of what an abortion actu- times even sterility, taking away the serious issue. ally does, and it ain’t pretty. From this opportunity for a later pregnancy. For Mr. CANADY of Florida. Mr. Chair- day forward, we will no longer be able what reason? To make a point. man, I yield 30 seconds to the gen- to say we did not know. We now know, I think it is important that Congress tleman from South Carolina [Mr. and every Member of this Chamber makes a point, but I also think it is INGLIS]. should know, that every abortion takes important that they consider a point, Mr. INGLIS of South Carolina. Mr. the life of a child. Whether it be a par- which is we have made a decision that Chairman, I thank the gentleman for tial-birth abortion or D&E abortion, the 435 people in this room should de- yielding me this time. where the baby is literally dis- cide for families across America. So I I rise with tremendous compassion membered while in utero, or the suc- ask you, which among us, who will step for the victims of abortions that are tion abortions routinely done, thou- forward to be the messenger who will walking around today. There are a lot sands per day, where a high-powered go into the homes and tell the husband of them in America that did not know vacuum, 20 to 30 times more powerful that we will not step in to protect his what was going on. But that compas- than a vacuum cleaner in one’s home, wife, his helpmate, the love of his life, sion gives way to the facts, or should literally dismembers the child. All of or the mother of a 5-year-old child? here on the floor, that a lot of Members these methods kill the baby. This is all Who wants to carry that message? who persist in talking about this being about human rights for children, and it Mr. CANADY of Florida. Mr. Chair- an unfortunate choice, but 80 percent, is about preserving and protecting the man, I yield 1 minute to the gentleman according to published reports, 80 per- right to life of baby girls and baby from Michigan [Mr. BARCIA]. cent of these abortions are done in an boys. Mr. BARCIA. Mr. Chairman, I rise elective manner. today in support of H.R. 1833, the Par- Somebody said this is anti-woman. Surely the facts will come out on Half of those little infants killed are tial-Birth Abortion Act and I urge my this floor, and surely we can vote in colleagues to vote in favor of this im- baby girls. Let us not ever forget that. support of this very excellent piece of Then again, let’s also remember what portant legislation. legislation that will ban this proce- As a pro-life advocate, I am commit- Dr. Haskel himself has said. I would dure. like to repeat it very briefly. Dr. ted to protecting the rights of unborn Mrs. SCHROEDER. Mr. Chairman, I children. My primary concern is that Haskel said and I quote: ‘‘The surgeon yield 1 minute to the gentleman from forces the scissors into the base of the abortion should not be treated like a Texas [Mr. BRYANT], a member of the routine medical procedure and my pro- skull.’’ This is medical practice? And Committee on the Judiciary. then a high-powered suction catheter is life position is always foremost in my (Mr. BRYANT of Texas asked and mind. although Some consider partial- introduced, and the baby’s brains are was given permission to revise and ex- sucked out. birth abortions routine medical proce- tend his remarks.) This is not medical practice. dures, this could not be further from Mr. BRYANT of Texas. Mr. Chair- This is child abuse. the truth. Partial-birth abortions are man, I would just like to add one im- neither routine, legitimate or nec- portant point to this debate, and that Mrs. SCHROEDER. Mr. Chairman, I essary. is that I think we should be honest yield, 1 minute to the distinguished Partial-birth abortions are most with ourselves and honest with the gentleman from New York [Mr. SCHU- often performed in the second or third American people. MER], a member of the Committee on trimester and I am particularly trou- The fact of the matter is that not one the Judiciary. bled by the horrifying prospect of late- single person who has spoken in favor (Mr. SCHUMER asked and was given term abortions. Even in Roe versus of this bill today can deny the fact that permission to revise and extend his re- Wade abortions are limited to the first they are opposed to abortion entirely marks.) trimester. Today, we are considering and do not support Roe versus Wade Mr. SCHUMER. Mr. Chairman, I continuing to allow abortions through and do not believe in the right of the would like to address my comments to the third trimester or fetal viability. mother to choose. So we are really not those who might be for this bill. You H.R. 1833 not only bans the performance of talking here today about a procedure. know, the great debate on abortion is— this type of inhuman abortion but imposes We are talking about Roe versus Wade of course, it all boils down to when do fines and a maximum of 2 years imprisonment and about the right of a woman to be you think life begins, and those who for any person who administers a partial-birth able to choose. are pro-life fervently believe, and I re- abortion. This gruesome and brutal procedure I asked in the Committee on the Ju- spect it, that life begins at conception. should not be permitted. diciary when this was being considered, Others of us do not believe that, and we I strongly believe in the sanctity of life and of the chairman on the Committee on believe ultimately that the choice if 80 percent of the abortions are elective, we the Judiciary if it was not the case ought not be made by the Government have to reconsider and reevaluate the value that the entire Republican majority, if but ought to be made by each individ- our society places on human life. this decision it was just a little bit bigger, would ual convening with his or her maker. is not made in the case of rape or incest, not bring a constitutional amendment be- Even if you believe that life begins at if the mother's life is in danger, and not if fore the House to totally criminalize conception, why did you prohibit an there are birth defects. In many cases, this is abortion. He said, as far as he was con- amendment dealing with life of the a cold, calculated, and selfish decision. mother? If it is the life of the mother This is not a choice issue. this is a life or cerned, he would do it in a minute. versus the life of a child, why does this death issue for an innocent child. Please join That is a matter of record. legislation impose the fact that it must me in making this heinous procedure illegal. The fact of the matter is this bill rep- resents the almost total politicization be the life of the child that takes prec- b 1330 of this process, as you have brought a edence over the life of the mother? Mrs. SCHROEDER. Mr. Chairman, I bill before the House today that really That is what the bill does, plain and yield 30 seconds to the gentlewoman is a surrogate for what you want to do simple. from New York [Mrs. LOWEY]. and that is make all abortions crimi- If you are so sure it did not, you Mrs. LOWEY. Mr. Chairman, I would nal. That is really what is at issue. would not have prohibited us in the like to respond and remind my col- I urge the Members to vote against rule from having a clause in the bill leagues once more to be very careful of it. that says that if the life of the mother H 11616 CONGRESSIONAL RECORD — HOUSE November 1, 1995 is at stake the choice should be be- Does anybody here think someone Though severely disabled, we knew that tween the woman and her doctor. That would engage in a late-term abortion Mary was a member of our family and was is the hypocrisy of this legislation. frivolously? Do you think that they entitled to live out her allotted time without Mr. CANADY of Florida. Mr. Chair- have not thought about this in the last being assaulted by instruments or chemicals. When it became clear that Mary, whose man, I yield 1 minute to the gentleman minute? Do you think doctors would brain had developed outside of her skull (an from Oklahoma [Mr. COBURN]. engage in this frivolously? No, no and occipital encephalocele) would not survive Mr. COBURN. Mr. Chairman, this bill no. normal labor, we opted for a Cesarean deliv- in no way limits the ability of the doc- There is only a handful of these ever ery. tor to care for a woman whose life is at done in a year. These are tragic situa- Born December 13, 1993, a minute after her risk with a late-term pregnancy. tions in which there are not many good healthy big brother Will, Mary lived 6 hours Having been involved in obstetrical choices yet. cradled peacefully in her father’s arms. She care, delivering over 3,000 children, car- We hear people over there saying was with us long enough to greet her grand- ‘‘elective.’’ It is not elective in the parents and our close friends. She also gave ing for women with complicated preg- a special gift to other children: The gift of nancies, anencephaly, neural tube de- sense folks are claiming it is over life. On the day of her funeral we received a fects, hydrocephaly and all the major there. Every doctor has said you only letter from the Regional Organ Bank of Illi- complications associated with that, have limited procedures at certain nois. Our daughter’s heart valves were a this procedure is an unneeded, grue- points if you are concerned about the match for 2 Chicago infants, critically ill at some attack on life. mother’s health, and you must elect the time of Mary’s birth. We have learned May God forgive this Nation for what one of those. that even anencephalic babies and we allow in terms of procedures to be What we are talking about today meningomyelocele children like our Mary seems to be one that for some women can give life, or sight, or strength to others. performed on our unborn children. The death of a child is the most tragic ex- Mrs. SCHROEDER. Mr. Chairman, I can help preserve their life and is the perience many of us will ever face. As par- yield myself the balance of my time. safest and best for them in that cir- ents, we can do only what we can—insure Mr. Chairman, I am not a doctor. But cumstance. Why are we taking that that our children do not suffer. As we now I am a lawyer. I am a mother. I have away? Why does this Congress think know, when their natural time comes it can been married 33 years. I think I belong they have a better idea of what is going be comforting that their short life has be- in the Marriage Hall of Fame, and I on, and why do we insist on criminal- come a gift to others. will put up my family values against izing the doctor that would try to lis- Our daughter, living less than a day, saved the lives of two other children. Which of us, anyone. ten to their patient’s best needs? Vote ‘‘no.’’ This is terrible. We are even after decades of living, can make the I must say, as a woman today stand- same claim? ing in this Chamber, I feel like I am in gagging women. This is terrible. We are Sincerely, the Chamber of Horrors, because no not listening, and if you want to know JEANNIE WALLACE FRENCH. why most of the speakers today were one really talks about the mother. But b let me begin my statement by reading women is because they understand 1345 a letter that we received from the what is happening here. Wake up, The CHAIRMAN. The Chair will state American College of Obstetricians and America. This is an outrage. to the gentlewoman from Colorado Gynecologists saying that they do not Mr. CANADY of Florida. Mr. Chair- [Mrs. SCHROEDER] that he was as gener- support or endorse this bill, but they man, I yield the balance of my time to ous with the gavel as it applied to her are opposed to any law mandating a the gentleman from Illinois [Mr. as he was with the gentleman from Illi- specific medical procedure and against HYDE], the chairman of the Committee nois [Mr. HYDE]. criminalization of the procedure, and on the Judiciary. Mrs. SCHROEDER. Mr. Chairman, if these bills are flawed. They go on to (Mr. HYDE asked and was given per- I might say, I thought that was a mov- say they have no idea where the rumor mission to revise and extend his re- ing letter, but I also must say I do not was that they supported the bill. It is marks.) think we should mandate one’s choice incorrect. These are obstetricians and Mr. HYDE. Mr. Chairman, ladies and on everybody else in this Congress. gynecologists whose main concern is gentlemen, I wish I had a lot of time. Mr. LEVIN. Mr. Chairman, H.R. 1833 would the health of the mother, and they are We got a very short hour of debate on criminalize the use of one medical procedure, also looking at the child. this important issue. but not others, utilized rarely in cases where What we are talking about today is I would like to talk about how you the health or life of a mother is at risk or a rolling back the road to save mother- would not treat an animal this way. fetus is diagnosed with severe abnormalities. hood that this country began on. If you You would not take a coyote, a mangy By making this procedure a crime, H.R. look at 1920, 800 women died for every raccoon and treat that animal that 1833 would subject doctors to prosecution for 100,000 births. If you look at 1990, we way, because it is too cruel. I would offering to a woman a chance to save her life. got that 800 down to 8, down to 8. like to talk about Dr. Joseph Mengele Further, H.R. 1833 is inconsistent with present For most people, going through preg- or Dr. Kevorkian. We talk about inter- law which allows States to ban abortions after nancy is not difficult; but for some it fering with the doctor. viability except where the woman's life or can be life-threatening; and, fortu- Our job is to protect the weak from health is at risk. nately, medical science has made some the strong. This kind of decision barring women from progress that has been able to deal But, no, I want to talk about a love utilizing a procedure when their health and life with these life-threatening situations story. Here is a letter that came Octo- are involved does not belong in Washington, and also preserve the health of the ber 30 to the gentleman from Florida DC. I cannot support limiting a patient's right mother so that if this pregnancy goes [Mr. CANADY] from my own district, to receive medically necessary care, espe- terribly wrong, they can have another Oak Park, IL, Jeannie Wallace French. cially when her life is at stake. one and be able to have the great privi- She says: Mrs. COLLINS of Illinois. Mr. Chairman, I lege I have been able to have of being DEAR CONGRESSMAN CANADY: Opponents of rise in opposition to H.R. 1833, the partial-birth a mother. H.R. 1833, ‘‘The Partial-Birth Abortion Ban abortion ban. The fact that we are voting on Act,’’ claim that partial-birth abortion is Today, what this Chamber is saying justifiable when performed on babies with this bill today is a true testament to how ex- is we are going to limit one of these disabilities. Please consider the personal ex- treme many of the Members of this House of procedures for doctors. We are not perience of our family as you debate HR 1833 Representatives and their agenda are. Further going to allow them to be able to say on the floor of the House. evidence that extremists are pushing their the life of the mother is an exemption. In June of 1993 I was 5 months along carry- agenda through the House of Representatives No, we were not allowed to offer that ing twins. My husband and I were notified is the fact that the Rules Committee would not amendment on this floor, nor were we that one of the twins, our daughter Mary, allow any amendments to be offered, not even allowed to bring the health of the suffered from a severe neural tube defect. Mary’s prognosis for life was slim, and her amendments to protect the health or life of the mother to this floor; no; no; no; no; no. chance at normal development nonexistent. mother. We show charts, but we do not show Her severe abnormality complicated the Despite their campaign pledges to ``get the the chart with the face of the mother, twin pregnancy and specialists encouraged U.S. government out of your life'', today Re- the family, the decisions made. amniocentesis and Mary’s abortion. publican Members are advocating that the November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11617 U.S. Congress take an unprecedented step H.R. 1833 would make it against the law to Abortion is wrong to begin with, but this pro- into the personal lives of American women perform a partial-birth abortion. I cannot imag- cedure is so grotesque as to disgust the moral and their familiesÐas well as into the doctor's ine how anyone could oppose this bill. Wheth- sensibility of anyone exposed to it. officeÐin order to ban a particular type of er you are pro-life, as I am, or pro-choice In this procedure, the feet, legs, chest and abortion procedure. there should be no disagreement about ending arms of the baby have already been delivered In order to promote H.R. 1833, Members this abhorrent practice which so callously and from the birth canal. Only the head has not. are focusing on certain aspects of this medical cruelly destroys an infant during birth. The distinction that the procedure's defenders procedure that are intended to elicit emotional I urge my colleagues on both sides of the make between the fully-protected rights of a responses. What they do not focus on, how- aisle to vote for H.R. 1833. delivered baby and the total absence of rights ever, is that women who seek rare, third-tri- Ms. SLAUGHTER. Mr. Chairman, I am of a three-quarters delivered baby is as irra- mester abortions are almost overwhelmingly in deeply concerned about the potential prece- tional as it is disturbing. tragic, heart-rendering situations in which they dent H.R. 1833 would set. There are vast and I have been especially interested in this bill, must make one of the most difficult decisions dangerous implications of the Congress inter- since my own State legislature has passed a of their lives. fering with medical practice and procedure. similar measure. Governor Voinovich signed Often the women are faced with personal H.R. 1833 would ban late-term abortions the bill and it is now law. health risks that threaten their lives and/or which account for only one half of 1 percent There are a great many pieces of misin- their ability to have children in the future. Or, of all abortions. Annually, fewer than 600 formation circulating about this bill. Let me try some women discover very late in their preg- abortions occur in the third trimester and they to address just one of themÐthe issue of nancy, in some cases after they already know are performed in cases of severe fetal anoma- whether this sort of procedure is used fre- the sex of the child, have picked out a name, lies and/or risk to the life and health of the quently or only in the most extreme emer- and gotten the baby's crib ready, that their pregnant woman. gencies. child has horrific fetal anomalies that are in- This bill makes it a criminal offense for a While opponents of this legislation argue compatible with life and will cause the baby doctor to make the professional decision of that the procedure is rarely performed, some terrible pain before the end of its short life. how best to protect the life and health of his of their cohorts belie this characterization. We Clearly, each of these situations are serious, patients. Imagine the repercussions of such know that there are at least 13,000 late term tragic, and terribly difficult for the families in- legislation. What will be next. Will a physician abortions each year. How many of these are volved, and the decision to seek such an end up in jail for performing a hysterectomy in accomplished by this procedure? We do not abortion is one that is not made carelessly or order to save the life of a woman with cancer. know for sure. But what we do know is that lightly. The U.S. Congress is the last entity Never before has Congress made such an two doctors who specialize in the method that should be intruding into this type of per- unprecedented attempt to legislate the type of have publicly said they use this procedure sonal, family decision. surgical procedure that a physician may use in about 450 times a year. Between the two of The U.S. Congress also has absolutely no a particular case. H.R. 1833 is an unwarranted them, they have performed more than 3,000 right to interfere with a doctor's medical judg- intrusion by Congress into medical decision- such abortions. ment when he or she is making critical deci- making, and it poses a serious risk to wom- Doctor McMahon was quoted in the January sions affecting the life of a woman, her health, en's health. If enacted, this bill will com- 7, 1990 Los Angeles Times, as saying ``Frank- and her ability to bear children in the future. promise the physicians ability to provide life ly, I don't think I was any good until I had It is extremely important to note that this bill and health preserving medical care to their pa- done 3,000 or 4,000'' late term abortions. In makes no exception for the health of the tients. H.R. 1833 represents a serious im- his own literature, the doctor refers to having mother. In fact, it makes no mention of the pingement on the rights of physicians to deter- performed a ``series'' of more than 2,000 abor- health of the mother whatsoever. Clearly, her mine appropriate medical management for tions by the partial birth method. health and her reproductive future mean noth- their patients. Whatever the real numbers are, I think it is ing to the extremists who are pushing this bill I urge my colleagues to vote against this safe to say that this procedure is used more forward or else they would have included this deadly attack on the life and health of our Na- frequently than it would be if it were truly lim- essential exception. tion's women. ited to the most extreme emergencies. Be- H.R. 1833 takes advantage of tragic cir- Mrs. VUCANOVICH. Mr. Chairman, as cause the bill's opponents cannot possibly win cumstances and sacrifices the health and many of you know, I have 15 grandchildren. this debate on the merits of the procedure, maybe lives of women in order to push an ex- Two of my grandchildren, the miracle twins, I they have taken to distorting the facts about tremist agenda forward. We should reject it call them, were born early at 7 months. They its use. completely. were so tiny that they could fit in your hands I for one have heard enough to know that Mr. MCCOLLUM. Mr. Chairman, I rise today but they were perfectly formed little human as a nation founded on and dedicated to the in strong support of H.R. 1833, the partial-birth beings and they are now 13 years old. preservation of life and liberty, this procedure abortion act. This bill would ban the barbaric It makes me shudder to think that some- has no place in our society. acts of partial-birth abortions. where, perhaps even today, in this country Mr. BUYER. Mr. Chairman, I rise in support I believe that life begins at conception and that there are other little preborn human of H.R. 1833 to ban a late-term abortion pro- that it should be protected. I understand that beings 7 months old in their mothers' womb cedure. This procedure is defined in the bill as there are those who differ with me, but a par- that are going to be subject to this brutal, hor- the partial delivery of a living fetus, which is tial-birth abortion goes far beyond what is rea- rible procedure known as a partial birth abor- then destroyed prior to the completion of deliv- sonably considered a pro-life versus pro- tion. ery. This is a particularly appalling procedure choice debate. I am not the only one who finds this proce- in which the difference between a complete A partial-birth abortion is just thatÐan abor- dure horrifying. Recently the American Medical birth and an abortion is a matter of a few tion performed on a partially born child. The Association's legislative council unanimously inches in the birth canal. fetus is generally between 41¤2 months old to decided that this procedure was not ``a recog- This bill does not ban all late-term abortions. 9 months old when the doctor partially delivers nized medical technique'' and that ``this proce- Other procedures are available. This bill ap- the child through the birth canal, leaving the dure is basically repulsive.'' plies only to the procedure in which the living head in the uterus. The baby's arms and legs I have also heard from my constituents who fetus is partially delivered prior to the abortion will squirm as the doctor inserts scissors into overwhelmingly object to this repugnant proce- act being completed. It does not jeopardize the base of the baby's skull. A high-powered dure, especially in light of the fact that 80 per- maternal health in instances when the fetus suction tube is then inserted and the brains cent of these types of abortion are done as a has died in utero. There is an exception in the are literally sucked out. purely elective procedure. I strongly urge my bill for instances in which the life of the mother Remember when doctors were expected to colleagues to support H.R. 1833, which would is at risk and no other procedure will be suffi- do everything in their power to assist and pro- ban this brutal procedure known as partial cient to preserve the mother's life. tect both the mother and child during the birth birth abortion. Even if the procedure is rare, as is con- process? Now the doctor is the executioner as Mr. HOKE. Mr. Chairman, since many of my tended by the opponents of this legislation, it the baby travels down the birth canal. colleagues have already explained the proce- is a horrific procedure that should not be per- This is barbaric in a partial-birth abortion. dure under debate today, I will spare our lis- formed. Constitutionally, the Congress can The only thing separating the child's head teners an additional description. Suffice it to legislate and regulate in protecting legitimate from the outside world is 3 inches. This is say that this is one of the most brutal, uncivi- State interests, including protecting human life clearly homicide. lized assaults on human life imaginable. and encouraging childbirth over abortion. H 11618 CONGRESSIONAL RECORD — HOUSE November 1, 1995 This bill bans an abortion practice that of- Baker (LA) Gilchrest Neal Brown (FL) Hastings (FL) Rangel fends most Americans who value the sanctity Ballenger Gillmor Nethercutt Brown (OH) Hilliard Reed Barcia Goodlatte Neumann Bryant (TX) Hinchey Richardson of life. H.R. 1833 would ban a cruel and inhu- Barr Goodling Ney Cardin Horn Rivers man method of abortion and I urge its adop- Barrett (NE) Gordon Norwood Chapman Hoyer Roukema tion. Bartlett Goss Nussle Clay Jackson-Lee Roybal-Allard Barton Graham Oberstar Clayton Jefferson Mr. SMITH of Texas. Mr. Chairman, I rise Rush Bass Gunderson Obey Clyburn Johnson (CT) Sabo Bateman Gutknecht Ortiz Coleman Johnson, E. B. today in support of H.R. 1833, the Partial-Birth Sanders Bereuter Hall (OH) Orton Collins (IL) Johnston Abortion Ban Act. Sawyer Bevill Hall (TX) Oxley Collins (MI) Kelly Schroeder Many of my colleagues on the other side of Bilbray Hamilton Packard Conyers Kennedy (MA) the aisle will attempt to frame this debate in Bilirakis Hancock Parker Coyne Kennelly Schumer terms of a woman's right to choose. But the Bliley Hansen Paxon DeFazio Kolbe Scott Serrano Partial Birth Abortion Ban Act is not about Blute Hastert Payne (VA) DeLauro Lantos Boehner Hastings (WA) Peterson (MN) Dellums Levin Shays women, choice, or reproductive rights. The Bonilla Hayes Petri Deutsch Lewis (GA) Skaggs true issue that this legislation addresses is the Bonior Hayworth Pombo Dicks Lofgren Slaughter brutal late-term abortion procedure called par- Bono Hefley Pomeroy Dixon Lowey Stark Borski Hefner Porter Doggett Luther Stokes tial-birth abortion. Brewster Heineman Portman Dooley Maloney Studds Regardless of whether or not one believes Browder Herger Poshard Durbin Markey Thompson that life begins at conception, a partial-birth Brownback Hilleary Pryce Edwards Matsui Thurman abortion, which can be performed at any time Bryant (TN) Hobson Quillen Engel McCarthy Torkildsen Bunn Hoekstra Quinn Eshoo McDermott following the 5-month period, is clearly the tak- Torres Bunning Hoke Radanovich Evans McKinney Torricelli ing of an innocent human life. A baby is devel- Burr Holden Rahall Farr Meehan Towns oped enough at 5-months to be able to live Burton Hostettler Ramstad Fattah Meek Velazquez Buyer Hunter Regula Fazio Menendez Vento outside of the womb and there are many in- Callahan Hutchinson Riggs Filner Meyers Visclosky stances of infants being born prematurely at 5 Calvert Hyde Roberts Frank (MA) Mfume Ward Camp Inglis Roemer Franks (CT) Miller (CA) months and surviving to live a full life. Waters The partial-birth abortion procedure should Canady Istook Rogers Frelinghuysen Mink Castle Jacobs Rohrabacher Frost Morella Watt (NC) be prohibited. I heartily support this effort to Chabot Johnson (SD) Ros-Lehtinen Furse Nadler Waxman protect the sanctity of human life. Chambliss Johnson, Sam Rose Gejdenson Olver Williams The CHAIRMAN. All time for general Chenoweth Jones Roth Gibbons Owens Wilson Christensen Kanjorski Royce Gilman Pallone Wise debate has expired. Chrysler Kaptur Salmon Gonzalez Pastor Woolsey Pursuant to the rule, the bill is con- Clement Kasich Sanford Green Payne (NJ) Wyden sidered as read for amendment under Clinger Kennedy (RI) Saxton Greenwood Pelosi Wynn the 5-minute rule and the amendment Coble Kildee Scarborough Gutierrez Peterson (FL) Yates Coburn Kim Schaefer Harman Pickett Zimmer in the nature of a substitute is adopt- Collins (GA) King Schiff ed. Combest Kingston Seastrand ANSWERED ‘‘PRESENT’’—1 Condit Kleczka Sensenbrenner Under the rule, the Committee rises. Houghton Accordingly the Committee rose; and Cooley Klink Shadegg Costello Klug Shaw NOT VOTING—4 the Speaker pro tempore (Mr. HANSEN) Cox Knollenberg Shuster having assumed the chair, Mr. EMER- Cramer LaFalce Sisisky Becerra Tucker Fields (LA) Weldon (PA) SON, Chairman of the Committee of the Crane LaHood Skeen Crapo Largent Skelton Whole House on the State of the Union, Cremeans Latham Smith (MI) b 1408 reported that that Committee, having Cubin LaTourette Smith (NJ) had under consideration the bill (H.R. Cunningham Laughlin Smith (TX) Mr. RUSH changed his vote from Danner Lazio Smith (WA) ‘‘yea’’ to ‘‘nay.’’ 1833), to amend title 18, United States Davis Leach Solomon Code, to ban partial-birth abortions, de la Garza Lewis (CA) Souder So the bill was passed. pursuant to House Resolution 251, he Deal Lewis (KY) Spence The result of the vote was announced reported the bill, as amended pursuant DeLay Lightfoot Spratt Diaz-Balart Lincoln Stearns as above recorded. to that rule, back to the House. Dickey Linder Stenholm A motion to reconsider was laid on The SPEAKER pro tempore. Under Dingell Lipinski Stockman the rule, the previous question is or- Doolittle Livingston Stump the table. Dornan LoBiondo Stupak dered and the amendment is adopted. Doyle Longley Talent f The question is on the engrossment Dreier Lucas Tanner and third reading of the bill. Duncan Manton Tate GENERAL LEAVE The bill was ordered to be engrossed Dunn Manzullo Tauzin Ehlers Martinez Taylor (MS) Mr. CANADY of Florida. Mr. Speak- and read a third time, and was read the Ehrlich Martini Taylor (NC) er, I ask unanimous consent that all third time. Emerson Mascara Tejeda Members may have 5 legislative days The SPEAKER pro tempore. The English McCollum Thomas Ensign McCrery Thornberry to revise and extend their remarks and question is on passage of the bill. Everett McDade Thornton insert extraneous material in the The question was taken; and the Ewing McHale Tiahrt RECORD on the legislation just com- Speaker pro tempore announced that Fawell McHugh Traficant pleted. the ayes appeared to have it. Fields (TX) McInnis Upton Flake McIntosh Volkmer The SPEAKER pro tempore (Mr. Mr. CANADY of Florida. Mr. Speak- Flanagan McKeon Vucanovich er, I object to the vote on the ground Foglietta McNulty Waldholtz HANSEN). Is there objection to the re- that a quorum is not present and make Foley Metcalf Walker quest of the gentleman from Florida? Forbes Mica Walsh the point of order that a quorum is not Ford Miller (FL) Wamp There was no objection. present. Fowler Minge Watts (OK) f The SPEAKER pro tempore. Evi- Fox Moakley Weldon (FL) dently a quorum is not present. Franks (NJ) Molinari Weller Frisa Mollohan White PROVIDING FOR CONSIDERATION The Sergeant at Arms will notify ab- Funderburk Montgomery Whitfield OF H.R. 2546, DISTRICT OF CO- sent Members. Gallegly Moorhead Wicker LUMBIA APPROPRIATIONS ACT, The vote was taken by electronic de- Ganske Moran Wolf Gekas Murtha Young (AK) 1996 vice, and there were—yeas 288, nays Gephardt Myers Young (FL) 139, answered ‘‘present’’ 1, not voting 4, Geren Myrick Zeliff Mr. LINDER. Mr. Speaker, by direc- as follows: tion of the Committee on Rules, I call NAYS—139 [Roll No. 756] up House Resolution 252 and ask for its Abercrombie Barrett (WI) Bishop immediate consideration. YEAS—288 Ackerman Beilenson Boehlert Allard Armey Baesler Andrews Bentsen Boucher The Clerk read the resolution as fol- Archer Bachus Baker (CA) Baldacci Berman Brown (CA) lows: November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11619 H. RES. 252 (Mr. LINDER asked and was given the District’s Domestic Partners Act, Resolved, That at any time after the adop- permission to revise and extend his re- which provides that unmarried, adult, tion of this resolution the Speaker may, pur- marks and include extraneous mate- non-dependent cohabitants may reg- suant to clause 1(b) of rule XXIII, declare the rial.) ister to receive health benefits and House resolved into the Committee of the Mr. LINDER. Mr. Speaker, House other legal rights. This act is simply Whole House on the state of the Union for Resolution 252 is a modified open rule poor public policy. Congress has con- consideration of the bill (H.R. 2546) making which provides for consideration of the sistently prohibited the use of Federal appropriations for the government of the H.R. 2546, the District of Columbia Ap- District of Columbia and other activities funds for implementing this act, and chargeable in whole or in part against the propriations Act for fiscal year 1996, this amendment will end the annual revenues of said District for the fiscal year and waives all points of order against process of prohibiting the enforcement ending September 30, 1996, and for other pur- this bill. House Resolution 252 allows of this law. poses. The first reading of the bill shall be for 1 hour of general debate divided Members will have the opportunity dispensed with. All points of order against equally between the chairman and to offer additional amendments under consideration of the bill are waived. General ranking minority member of the Com- debate shall be confined to the bill and the 30 minute time arrangement for mittee on Appropriations. each amendment. The specified time amendments specified in this resolution and Following the hour of general debate, limits will give all Members the oppor- shall not exceed one hour equally divided the bill shall be considered for amend- and controlled by the chairman and ranking tunity to debate fully each amend- ment under the 5-minute rule. Before minority member of the Committee on Ap- ment, while ensuring that this impor- propriations. After general debate the bill consideration of any other amendment, it shall be in order to consider the tant bill moves along the appropria- shall be considered for amendment under the tions process in a timely manner. The five-minute rule. Before consideration of any amendment offered by Representative rule permits the chairman of the Com- other amendment, it shall be in order with- WALSH, which is printed in the Rules out intervention of any point of order to con- Committee’s report, will not be subject mittee of the Whole to accord priority sider the amendment printed in the report of to amendment and shall be debatable in recognition to those Members who the Committee on Rules accompanying this for 10 minutes equally divided and con- pre-printed their amendments in the resolution, if offered by a Member designated trolled by a proponent and an opponent CONGRESSIONAL RECORD, which will as- in the report. That amendment shall be con- sist all the Members of the House in sidered as read, shall be debatable for ten of the amendment. If the Walsh amendment is adopted, the consideration of the merits of each minutes equally divided and controlled by proposed amendment. Finally, the res- the proponent and an opponent, shall not be the bill as amended shall be considered subject to amendment, and shall not be sub- as the original bill for the purpose of olution provides for a motion to recom- ject to a demand for division of the question further amendment, and shall be con- mit with or without instructions as is in the House or in the Committee of the sidered as read through page 58, line 4. the right of the minority. Whole. If that amendment is adopted, the The rule also waives clauses 2 and 6 of Mr. Speaker, the District of Colum- bill, as amended, shall be considered as the rule XXI. As a consequence of the Dis- bia, by all accounts, has gotten itself original bill for the purpose of further trict’s precarious financial situation, into a financial predicament that ne- amendment. The bill, as amended, shall be the subcommittee has included a num- cessitates the serious action taken in considered as read through page 58, line 4. All points of order against provisions of the ber of legislative provisions that will H.R. 2546. The bill provides a total ap- bill, as amended, for failure to comply with ensure that a few specified activities propriation of $4.97 billion for fiscal clause 2 or 6 of rule XXI are waived. Debate are achieved by the local government. year 1996, and takes the additional step on each further amendment to the bill and The rule holds that debate and con- of placing a cap of $4.87 billion on the any amendments thereto shall be limited to sideration of any amendments to the total amount of appropriations avail- thirty minutes. It shall be in order without bill, and amendments thereto, shall be able to the District Government for op- intervention of any point of order to con- limited to 30 minutes. House Resolu- erating expenses. Certainly, a city the sider each of the amendments printed in the tion 252 specifically makes in order size of Washington, DC, can survive on Congressional Record and numbered 1, 2 or 4 amendments numbered 1, 2, and 4 pursuant to clause 6 of rule XXIII, if offered almost $5 billion, especially after the by the Member who caused it to be printed which were printed in the CONGRES- local District leadership institutes the or a designee. Each such amendment shall be SIONAL RECORD of October 30, 1995, necessary reforms to create a more ef- considered as read, shall be debatable for waives points of order against these ficient operation for our Nation’s cap- thirty minutes equally divided and con- amendments, and provides that these ital and its citizens. trolled by the proponent and an opponent, amendments shall not be subject to Mr. Speaker, I might parenthetically shall not be subject to amendment, and shall amendment. point out that the county in which I not be subject to a demand for division of the Amendment No. 1, offered by Rep- live has 20,000 more citizens than the question in the House or in the Committee of resentative BONILLA, is designed to re- District of Columbia and it provides all the Whole. During consideration of the bill voke the National Education Associa- for amendment the Chairman of the Com- the same services and does so for $410 tion’s property tax exemption. It is mittee of the Whole may accord priority in million per year, rather than $4.97 bil- now acknowledged that the NEA is a recognition on the basis of whether the lion. Member offering an amendment has caused taxpayer subsidized labor union that it to be printed in the portion of the Con- has strayed from its original purpose In addition to the provisions that the gressional Record designated for that pur- to promote education. The NEA no DC subcommittee has included in the pose in clause 6 of rule XXIII. Amendments longer deserves this tax exemption, and bill, I am pleased that the District Fi- so printed shall be considered as read. At the the Bonilla amendment will remove nancial Management Assistance Au- conclusion of consideration of the bill for this Federal mandate and bring in over thority has been specifically encour- amendment the Committee shall rise and re- aged to expedite the implementation of port the bill, as amended, to the House with $1 million to the District of Columbia. Amendment No. 2, offered by Rep- sound financial practices as soon as such further amendments as may have been possible. The Financial Authority, the adopted. The previous question shall be con- resentative GUNDERSON, offers an op- sidered as ordered on the bill, as amended, portunity to revive the District’s local government and the inhabitants and amendments thereto to final passage school system by authorizing funding of the capital all recognize the feeling without intervening motion except one mo- for school reforms and the creation of of apprehension that exists about the tion to recommit with or without instruc- renewable 5-year public school char- ability of the District to govern itself, tions. ters. Mr. GUNDERSON has consulted and I hope that everyone can agree Mr. LINDER. Mr. Speaker, for pur- with local officials on his reform pack- that this bill will effectively spur the pose of debate only, I yield the cus- age to help repair the ruined District District toward financial solvency. tomary 30 minutes to the gentleman school system, and the Rules Commit- Under the leadership of Chairman from Texas [Mr. FROST], pending which tee believes that this amendment de- WALSH, the appropriators have had to I yield myself such time as I may served consideration by the whole balance an assortment of concerns, in- consume. During consideration of this House. cluding home rule, and make difficult resolution, all time yielded is for the Amendment No. 4, offered by Rep- choices with the limited funding avail- purpose of debate only. resentative HOSTETTLER, would repeal able this year. The product of their H 11620 CONGRESSIONAL RECORD — HOUSE November 1, 1995 work reflects both these new budget re- Mr. Speaker, this rule was favorably District along the road to financial alities and the District’s fiscal emer- reported by the Rules Committee yes- well-being. gency. As a result, H.R. 2546 guarantees terday. I urge my colleagues to support b 1415 that the available funding is spent effi- the rule so that we may proceed with ciently and where it is needed most. debate and consideration of the under- Mr. Speaker, I submit the following lying legislation which will assist the for the CONGRESSIONAL RECORD: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of November 1, 1995]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 52 69 Modified Closed 3 ...... 49 47 18 24 Closed 4 ...... 9 9 5 7

Total ...... 104 100 75 100

1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of November 1, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11621 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of November 1, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. LINDER. Mr. Speaker, I reserve Mr. Speaker, in April the Congress tion issue, the domestic partnership the balance of my time. enacted legislation which established issue, year after year every time the Mr. FROST. Mr. Speaker, I rise in op- the financial control board for the Dis- DC bill comes up. That is not some- position not only to this rule, but the trict of Columbia. That board, along thing new. That is something that, yes, D.C. Appropriations bill. Mr. Speaker, with the city council and the Mayor, is there is a philosophical difference gen- this bill makes me wonder what has working to resolve the deep financial erally outlined by party differences on happened to oft repeated Republican crisis that faces this city. I do not those particular issues. But actually mantra of ‘‘local knows best.’’ After re- know, Mr. Speaker, how prohibiting bringing it to the floor of the House viewing the contents of this bill and any city-owned or city-run facility shows that we are not trying to ram it the amendments made in order in the from performing abortions is going to through in a backroom deal. We are rule, that mantra might rather be ‘‘fa- help the board, the council, or the not trying to micromanage. ther knows best.’’ Mayor find a way to fund the $256 mil- Mr. Speaker, these are things that we The Republican majority has for the lion shortfall in funds provided in this believe the American people should de- past 10 months explained away their bill. bate about. Remember this, the history dismantling of Federal programs by Mr. Speaker, we all agree the Dis- of Washington, DC, is the Government claiming that the American people trict of Columbia is in serious trouble moving to Washington. When George elected them to Congress to return and that much of this trouble is of the Washington was the President, the cap- power to the States and local govern- city’s own doing. But that does not, ital was in New York City and it was in ments. Well, Mr. Speaker, if those Mr. Speaker, give this Congress the Philadelphia. When they came here, it claims are so true, can you explain why right to act in such a blatantly pater- was a swamp. Washington surveyed the District of Columbia Subcommit- nalistic manner. If the Republican ma- this land, established the Nation’s Cap- tee has seen fit to send us a bill which jority finds such value in letting local ital and the city of Washington. micromanages the affairs of the right- governments conduct their own affairs, The city of Washington, DC, grew up fully and lawfully elected government then I believe one of the first places around Congress; not vice versa. The of this city? they should demonstrate this commit- Mr. Speaker, I am no particular fan only city that was here was George- ment is in the city which houses our town. Washington, DC, actually went of the manner in which the government Nation’s Capital. Let’s let the financial of the District has been run in the past. through a period of home rule and lost control board do its job. Let’s let the It is bloated, inefficient, and taxes its it in the year 1874, because of mis- council make the laws which govern residents far heavily. Its financial af- management. Congress took over then those American citizens who elected fairs are a disgrace, and that is evi- for 100 years and then in 1974, home them. rule was started again. denced by the street lights that are Mr. Speaker, I reserve the balance of burned out and not replaced, the ani- We are at a situation now where we my time. had all the evidence needed to pull mal shelter nearly closed because the Mr. LINDER. Mr. Speaker, for the city did not pay its bills, and the ranks home rule away, but we are choosing purpose of debate only, I yield 3 min- not to. The gentleman from New York of the police force being decimated by utes to the gentleman from Georgia the loss of senior experienced officers [Mr. WALSH] and the committee, in a [Mr. KINGSTON]. bipartisan basis with the gentleman because of cuts in their basic rates of Mr. KINGSTON. Mr. Speaker, it is from California [Mr. DIXON] has said pay. The situation in which the Na- interesting to me that the other side no. Let us do not. Let us work with the tion’s Capital finds itself is very, very of this House is suddenly concerned Financial Control Board. Let us work sad. about micromanaging Washington, DC. with the city officials and give them But, Mr. Speaker, does this situation Maybe if they had dared to the arm’s-length support and leader- then grant license to the gentleman micromanage Washington, DC, for 1 or ship and partnership that they need to from New York [Mr. WALSH] and his 2 of the years that they have been in turn this great Nation’s Capital subcommittee to impose their own vi- the majority, Washington, DC, would around. sion of the world as it should be? Does not be a bankrupt city. this situation grant the Congress the Mr. Speaker, we are in a position Mr. Speaker, I am confident that we right to subvert the will of those Amer- where we have been working with the can do that and I urge Members to sup- ican people who reside in the District? Financial Control Board, with city offi- port the rule. Because, as you well know, Mr. Speak- cials, with outside experts, all year Mr. FROST. Mr. Speaker, I yield 6 er, those people have no voting voice in long trying to turn the Nation’s Cap- minutes to the gentleman from Califor- this Congress and this bill ensures that ital around. nia [Mr. DIXON]. what little voice they have in govern- It is a great city. They have some (Mr. DIXON asked and was given per- ing their own affairs is nothing short of good folks involved in the government mission to revise and extend his re- meaningless. of Washington. We want them to run marks.) Mr. Speaker, if the content of the re- their own city. We want them to run Mr. DIXON. Mr. Speaker, I rise in op- ported bill is not bad enough, then the the Nation’s Capital. Yet, at the same position to the rule for the fiscal year rule reported by the Republican major- time, we cannot continue year after 1996 District of Columbia appropria- ity of the Rules Committee only makes year writing checks to Washington, tions bill. Mr. Speaker, the House be- matters worse. I am particularly op- DC, and turning the other way and act gins consideration of the District of posed to the rule because of an amend- like the status quo is good enough. Columbia Appropriations bill 1 month ment which was made in order. That Mr. Speaker, the city is in the red. It after the fiscal year has begun and 13 amendment, to be offered by the gen- has been in the red. The audit is just days before the continuing resolution— tleman from Wisconsin [Mr. GUNDER- unbelievable, the amount of things which covers the District government SON] will allow the use of Federal tax that have been found in it. For the as well as the Federal Government—ex- dollars to provide vouchers for stu- other side of this House to be saying pires. Since the time that the sub- dents to attend private and religious that we are micromanaging it is ab- committee first marked up this bill on schools. I have long opposed the use of surd. September 19, this measure has been tax-funded vouchers and I must strong- Mr. Speaker, I have only been a mired in controversy about the budget ly protest the inclusion of this amend- Member of this body for 3 years, but I cuts included in the bill, as well as ment in the rule. know that we have debated the abor- some 40 legislative provisions initially H 11622 CONGRESSIONAL RECORD — HOUSE November 1, 1995 recommended by Chairman WALSH for concern about the bill’s provisions as faced a personal crisis, when my city inclusion in the bill. they relate to the establishment of had all the signs of going down the After a second subcommittee markup charter schools and a voucher program drain. Somebody had to speak up. At on October 19, the District of Columbia in the District of Columbia. The Sec- some political risk to myself, I said to appropriations bill was able to proceed retary of Education is opposed to the the residents of my city, there must be to consideration by the full Appropria- authorization of Federal funding to pay a financial authority. Do not fight it. tions Committee, in large measure, for private school vouchers. The Amer- You need it in order to borrow, and you only because of an agreement reached ican Civil Liberties is opposed to the need it because we must revive the fi- among the principals to drop legisla- voucher program in the amendment. As nances and management of the D.C. tive and policy riders from the bill that is the American Jewish Congress, government. And in a bipartisan way deeply undermined the principle of Americans United for Separation of and with the help of the administra- home rule for the District of Columbia. Church and State, the National Parent tion, we worked on the financial au- Given the District’s precarious finan- Teacher Association, and the National thority bill. cial condition, I thought that we had Association of State Boards of Edu- The gentleman from New York [Mr. agreed to drop these controversial mat- cation, American Federation of Teach- WALSH] worked fruitfully and produc- ters to expedite consideration of the ers, American Association of School tively with us as well. The bipartisan- bill, so that we could begin conference Administrators, National Education ship continued when the District did deliberations promptly and enact a Association, Council of Great City not have funds so that it could put its final measure prior to the November 13 Schools, and National Association of share for Federal highway money. The expiration of the continuing resolu- Elementary School Principals. majority helped get us the votes and tion. Mr. Speaker, the fact remains that that bill was passed, also with the help Now, Mr. Speaker, we find ourselves this amendment simply does not be- of the administration. long in this bill, notwithstanding the in much the same situation in which Pitifully, the Speaker, the Speaker’s we started with this bill. Apparently, fact that many elements of this bill have support among District of Colum- office called PEPCO last week to say, the majority is determined to be the do not turn off the lights in the Dis- second city council for the District of bia elected officials and residents. Adoption of the Gunderson amendment trict. Money is coming. We will see to Columbia. This rule grants point of it. Yet I am told, there is plenty of order waivers for several legislative will only serve to further prolong the time it takes to enact the District’s money down there somewhere, ELEA- matters that should be determined by NOR. And the cops cannot get their cars District voters through their elected funding measure when it is critical to provide additional financial resources out of the garage and yet the gen- representatives, not by this Congress. tleman from New York [Mr. WALSH] During consideration of the bill by to a city on the brink of insolvency. Finally, Mr. Speaker, the rule makes says, I do not know where it is but it the full Appropriations Committee, an has got to be there. And, of course, he amendment was added to amend the in order an amendment designed solely to punish one organization because imposes a huge cut on the District District of Columbia Code to prohibit knowing full well that he himself can- the use of both Federal and District some members do not happen to like its ideology. The Bonilla amendment not point to where the money is. That funds for abortions, and to prohibit is folded into this bill. even privately-funded abortions in Dis- would strip a congressional-granted Thanks to the Speaker, we were able trict-owned or operated facilities, ex- District property tax exemption from to negotiate most of the home rule and cept in the cases of life, rape or incest. the National Education Association. statutory items off the bill; and then of Mr. Speaker, this section of the bill This is a punitive amendment that sin- course we came to the Committee on goes far beyond the existing Hyde re- gles out just 1 of 27 organizations that Appropriations, and Members began to strictions. In fact, this language is the enjoy the same exemption. The amend- add such items to the bill. It is those most restrictive language ever imposed ment does not belong on this bill. items that make it impossible for this on women in the District of Columbia Mr. Speaker, this rule is a bad rule. I bill to come forward in the bipartisan who rely on public facilities to receive cannot support it and I urge its defeat. way that other bills involving the Dis- health care. This language simply does b 1430 trict this year have come forward. not belong in this bill. And, the Presi- Mr. LINDER. Mr. Speaker, I reserve Some amendments are more gratu- dent has signaled that he will veto the the balance of my time. bill of this language remains in it. itous than others. Mr. WALSH regularly Mr. FROST. Mr. Speaker, I yield 7 puts in an abortion amendment, but for Second, the rule protects provisions minutes to the gentlewoman from the which amend the District of Columbia some reason, he ceded his amendment District of Columbia [Ms. NORTON]. to a Member that would amend the DC Code to prohibit joint adoptions by in- Ms. NORTON. Mr. Speaker, this is a code on abortion. That has never been dividuals who are not married. Again, first for many Members of this body. It done in 20 years of home rule, and one this is a policy matter that does not is the first time the Republicans have wonders why he would not have exer- belong in an appropriations bill. It is a carried an appropriation for the Dis- cised the necessary leadership on this matter for local residents to decide, trict of Columbia since home rule. It is instead of driving votes away on a stat- just as we allow residents of every the first time that freshmen have had utory amendment on abortion, coming other local and State government to to vote on a bill at all for the capital from the Congress, when every single determine their own adoption laws. of the United States. I hope they are jurisdiction in the United States has a Mr. Speaker, I must also oppose the bewildered by the exercise, because local option on this controversial issue. rule because it violates what I believed they have come here, of course, for na- was an agreement reached to keep this tional, not local matters. Where was his leadership then? bill as clean as possible of additional I had hoped that this would be the Where was his leadership on Hostettler, legislative provisions. The pending rule year of bipartisanship, and I had every when he comes forward knowing that would make in order a 142-page legisla- reason to believe it might. The District there is already a domestic partnership tive amendment on educational reform is in a financial crisis that is known amendment in the bill that keeps D.C. in the District of Columbia. Now, we around the world. And every Member of from spending its money and dema- all know that the District public this body bears a responsibility, wher- gogically comes forward and says, let schools are not doing the job that ever the fault lies, to help raise the us enact it into legislation. Where is should be done for students. And, I city again so that it can proudly claim your leadership on that, Mr. WALSH? commend the distinguished gentleman to be the capital of this Nation. The tragedy here is the Gunderson from Wisconsin [Mr. GUNDERSON], for I had every reason to hope for bipar- matter which has been negotiated end- his sincerity and hard work in crafting tisanship in the tone set by Speaker lessly and wonderfully with the Dis- this amendment. But, the reality is GINGRICH and in my work, especially trict. Yet a voucher is in that bill that that this is a very controversial with the chair of the Subcommittee on will drive votes from my side, and I can amendment. There is no consensus on the District of Columbia, the gen- tell you from your side, as well, off the it. There is, however, a great deal of tleman from Virginia, Mr. DAVIS. I bill. And then just to be truly partisan November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11623 about it, you go to the list of agencies Mr. WALSH. Mr. Speaker, I thank The District Government has done a that have been granted exemption from the distinguished gentleman from the terrible job running this city. Congress DC property taxes, none of which Committee on Rules for yielding time is always criticized for stepping in and should have been granted, and you say, to me. involving itself, but I dare say the Con- let us pick out our political favorite to Mr. Speaker, I rise in strong support gress would not step in, would not in- get. Let us pick out the NEA. of this rule. I think the rule rec- volve itself, if the city was being run in Pick them all out. Give us all 27, if ommended by the Committee on Rules a responsible way. you are serious, and you are not seri- gives us all an opportunity to offer There is no accountability in this ous. amendments. The rule makes some city. There is no fiscal discipline in Mr. LIVINGSTON. Mr. Speaker, will amendments in order. Other amend- this city. There is an inability to de- the gentlewoman yield? ments would be in order to strike lan- liver basic services in this city. The Ms. NORTON. I will not yield, sir. guage in the bill. In all cases an ade- potholes do not get fixed, the garbage POINT OF ORDER quate amount of time is allowed by the does not get picked up, the water and Mr. LIVINGSTON. Mr. Speaker, I rule for full debate. I think it is a fair sewer system does not work right. It is rise to a point of order. rule, and I urge bipartisan support. rife with overemployment. The list The SPEAKER pro tempore (Mr. Speaking of bipartisanship, Mr. goes on and on. They have the worst HANSEN). The gentleman will state his Speaker, I would like to suggest that schools in America. point of order. last year when the other party, the This subcommittee pursued the reso- Mr. LIVINGSTON. Mr. Speaker, the former majority party, had control of lution of these problems aggressively. remarks of the gentlewoman at the this committee, I worked with them to Then we took a step back and said, desk are very personal. I would like to pass this bill. The District of Columbia okay, we have the financial control inquire of the Chair what the rule is re- spends every penny of the Federal for- board in place now. We will ask them garding personal arguments versus sub- mula funds that it receives from this to review these problems and make rec- stantive arguments. Congress on the very first day of its fis- ommendations to Congress, back to the The SPEAKER pro tempore. Mem- cal year. That is the kind of fiscal authorizing committee. So we basi- bers cannot indulge in personalities house they operate. cally took our hands off of the prob- during the debate. The District of Columbia spends $5 lem. I felt we should have been more Ms. NORTON. Mr. Speaker, I ask the billion every year on a city of 570,000 aggressive, but that was not to be. But gentleman to cite a personal remark. I people. That is unheard of anywhere the fact is the control board now has have called the name of the leader of else in this country. But I, along with the responsibility. We have delegated the subcommittee. I have made no per- others on our side, reached across the additional responsibility to them in sonal remarks. aisle to help the current minority our bill, and we have done our level Mr. LIVINGSTON. Mr. Speaker, con- party get this bill passed last year. best to avoid involving ourselves in the tinuing my point of order, Mr. Speaker, responsibilities of the District. I do not intend to ask that the Chair I would ask nothing less of them this year than to help us to pass this bill. It take down the words of the gentle- b 1445 is our responsibility to govern. It is our woman at this point, but the RECORD is When the other party ran this com- replete with personal comments. We responsibility to pass this bill. It took mittee, they interfered in home rule can debate this bill and we can pass Republican votes last year to pass this when it served their purposes. The un- this bill if we talk about the substance bill, and I would ask them to reach derlying definition of ‘‘home rule’’ was, of the bill and not personalities. across the aisle this year. Ms. NORTON. Mr. Speaker, I have I would ask the Delegate, who has ‘‘if it is not controversial, we can do it. made no invidious remarks. The one spoken so strongly in opposition to If it is controversial, we cannot do it.’’ thing you have taken from me is my this bill, to recognize the fact that the That is not home rule. That is a ration- vote. Let me speak for my city. District needs the money in this bill, alization process. The real crime is that this bill under- that the District government needs the Let me end by saying the delicate cuts the financial authority that this money to meet their commitments. question: Where is the leadership here? body set up. Against the advice of the There was no emphasis or effort on this Leadership requires individuals to take financial authority, this bill says, you side of the aisle to cut Federal funds risks. The Delegate has taken no risks. must impose severe cuts on the city. A from this bill. This is a hold-fast, They want the money, but they do not tough financial authority stepped for- steady-as-you-go, financial commit- want to stand up for the bill. My col- ward and said, we have imposed cuts on ment to the District of Columbia. leagues cannot have it both ways; that the city. Now they said, give us only While the rest of the country is being is not leadership. They cannot say we time enough so that we can also im- asked to take severe cuts all across the have got to help the District, we have pose management reforms on the city, board, we are not cutting the Federal got to move the bill along, and then then perhaps we will go back to cuts. funds to the District of Columbia. If stand up and oppose the rule and op- And still cuts have been extracted from this rule were to fail, that might be the pose the bill. That is not leadership, our own (DC) budget. first order of business by this sub- not by my definition. This appropriation bill did not follow committee. So I would suggest as a challenge to the bipartisan lead that was the lead of Home rule: Home rule is a delegation all of us to work together to extend a the Speaker and the authorizing com- of responsibility from the Congress to hand across the aisle, as the Repub- mittee this year. There were four pages the District of Columbia to organize licans did for the Democrats last year, of invasions into home rule. They were and operate its own affairs. In the 20 and get together, and pass this bill. finally gotten off with the help of the years of home rule, we have seen one There is enough in this bill to make ev- leadership. Now there is a cut that will unbalanced budget after another to the erybody angry, but it is what the Dis- bury the city. Now the financial au- point where the new administration trict needs at a minimum, and I would thority which the city has accepted has last January announced that they were urge all of us, Republicans and Demo- been ignored. Now the District is being $700 million in the hole. When Mayor crats, to support the rule and support treated like a Federal agency. Kelly was elected 4 years ago, the Con- the bill. My colleagues, I represent 600,000 gress gave the District authority to Mr. FROST. Mr. Speaker, I yield 2 breathing Americans who have been borrow $336 million and gave them an minutes to the gentleman from Califor- loyal to their country. In their name, I additional $100 million within the first nia [Mr. DIXON]. ask that they be treated with the re- eight months of her administration— Mr. DIXON. Mr. Speaker, I thank the spect each and every one of you have $400 million to cover the financial defi- gentleman from Texas [Mr. FROST] for insisted for your constituents. cit that was occurring then. yielding this time to me, and I rise to Mr. LINDER. Mr. Speaker, I yield The consistent message to the Con- respond to the chairman of the sub- such time as he may consume to the gress from the District of Columbia is committee because I think his com- gentleman from New York [Mr. ‘‘respect home rule and send money; as ments here point to the crux of the sit- WALSH]. much as you can send us, send us.’’ uation. There is certainly a financial H 11624 CONGRESSIONAL RECORD — HOUSE November 1, 1995 crisis in the District of Columbia, and tions that enjoy the same, yes anti- would want to know I could guarantee I believe the gentleman from New York quated, exemption. Either we should the outcomes, but we tried to bring ev- [Mr. WALSH] at the time believed that make a finding and hold a hearing, but erybody along in a consensus package the approach to take was to establish not come to a committee one day, and under the guidelines that every one of the Financial Review Authority, and because we do not like this particular us had to like 80 percent of the pack- for my point of view that is working. organization, say we are going to take age. But if anyone believes that the jus- it, the exemption, away from it. Some of the people today who are op- tification for the most rigid abortion Whether my colleague is for the NEA posing the package are the very ones language has anything to do with the or against the NEA, this is fundamen- who submitted to us in their reform financial crisis of the District, I will tally wrong. document the very recommendations sell them the Brooklyn Bridge. If any- Mr. LINDER. Reclaiming my time, I for independent charter schools in- one believes that language dealing with would just respond to that by saying cluded in our bill. Some of those who adoption relates to the financial crisis, the only point to your reference that I are opposing the scholarships today are I will sell them a bridge in California. was responding to was the notion that the very people who sat in my office And if anyone believes the NEA or the giving them $1.4 million a year worth and said they understood, while they domestic partners has anything to do of the tax-free benefit is not additional could not endorse this, this was a ra- with the financial crisis or moves the financial burden. It does indeed. tional, reasonable compromise between District forward as it relates to its fi- Mr. Speaker, for purposes of debate the education reformers and the public nances, I will sell them this Capitol. only, I yield 5 minutes to the gen- education advocates and they would Mr. Speaker, the point is that this tleman from Wisconsin [Mr. GUNDER- accept that, not endorse that, but they bill is being used to justify the politi- SON]. would accept that. They have changed. cal persuasions of some Members of (Mr. GUNDERSON asked and was I cannot help that, that they have this House. given permission to revise and extend changed their word in that regard. Now it is clear that we have the ju- his remarks.) Third, let us talk about the scholar- risdiction to do so, but to stand up and Mr. GUNDERSON. Mr. Speaker, I ships. The Department of Education, say that we would not be interfering in would like to calm things down just a the AFT, the NEA said, ‘‘Steve, we the District’s affairs if things were little bit, if I can, and I would like to cannot in any way, shape, or form sup- going well financially just ain’t so be- begin by paying my respects to my port a voucher, because a voucher cause, these philosophies, notwith- friend and colleague, the gentleman takes money out of D.C. schools and standing problems of the District fi- from New York [Mr. WALSH], who has puts it into private schools.’’ more patience than Solomon, and to nancially, are being driven to dem- I said, ‘‘That’s fair, and we’re not the gentleman from California [Mr. onstrate a point to a constituent in going to do that.’’ So we are not doing DIXON] and to the gentlewoman from anybody’s particular State or district. vouchers in this bill, and anybody who the District of Columbia [Ms. NORTON]. Finally, yes, the Congress, when tries to say we are doing vouchers in I got to tell the rest of my colleagues there has been a Federal interest, has this bill is frankly lying and mislead- I have not been involved in the D.C. exercised certain discipline over the ing intentionally to misrepresent what issue until this year. It is some of the District of Columbia, but when we this bill does. move on the issues that I am concerned hardest work in this Congress, and my This bill is a scholarship bill. It is a about, we are not dealing with the fi- colleagues all ought to understand scholarship for D.C.’s children to im- nancial structure of this District. No that, and they ought to respect what prove their education. It is scholar- one on this floor believes it. No one on these people go through, but I want to ships so students can go to the public this floor thinks that we are eliminat- share with my colleagues in that mode schools in the District of Columbia. If ing abortion in city facilities either three particular points that I think are a student in Anacostia wants transpor- funded or operated because of the fi- important as we debate this rule and as tation to go to Northwest, they can do nances of this District. So let us be we deal, in particular, with the so- so. If a young kid in Northeast wants straightforward, Mr. Speaker. There is called Gunderson amendment on re- to join the band, but does not have the philosophy driving this and not finan- forming D.C.’s education. money to buy a trombone, they can get cial concerns. There was an agreed upon process at Mr. Speaker, I, in particular, support the very beginning that we would try a scholarship to do so. In the public my colleagues’ desire to get the fi- to reach a consensus in the various ini- schools of the District of Columbia, nances of the District straight, but I do tiatives of reform, whether it be the yes, there is a chance that a young stu- not, in particular, support the philoso- schools, or the housing, or the crime dent who wants to go to Gonzaga can phy that is driving the amendments and safety, or the taxes, and, where apply for a scholarship, and if there is that we are going to be discussing to those agreements could be reached, we enough money there from public and enter into this bill and the amend- would marry them with the appropria- private resources, not one dime coming ments that are already in this bill. tion bill. Now nobody objected to that from the District of Columbia, they Mr. LINDER. Mr. Speaker, I yield last spring, and I just have to tell my can apply for that scholarship, and myself a couple of seconds to say that, colleagues not to complain about the they may or may not get it. if the gentleman from California [Mr. process now when they did not com- But do not confuse this with the DIXON] does not believe giving the plain about the process at the begin- vouchers, and in the name of D.C.’s NEA, or any other organization, tax- ning. There was a common understand- children do not misrepresent what we free use of its property, expanding the ing of how this was going to work. are doing, and in the name of those health insurance plans, or any of the Second, I think it is important to un- children of the District of Columbia other costly social programs that they derstand guidelines. It was the gentle- and their future can we calm the rhet- have tried to not add to fiscal woes, he woman from the District of Columbia oric? Can we find a consensus? And can probably does believe he has bridges in [Ms. NORTON] who told the Speaker we find a way to move forward to re- Brooklyn to sell. that after some of my initial mistakes form D.C. schools? Because if we do not Mr. DIXON. Mr. Speaker, will the and some of my efforts to compensate do it this week, we lose that chance for gentleman yield to me to respond? for those mistakes by reaching out to a whole year. Mr. LINDER. I yield to the gen- the District that she believed we could Mr. FROST. Mr. Speaker, I yield 4 tleman from California. reach a consensus on education and re- minutes to the gentleman from New Mr. DIXON. The problem with the form and that she asked the Speaker York [Mr. ENGEL]. NEA exemption is that the gentleman directly to do that, and so I have tried Mr. ENGEL. Mr. Speaker, I thank from Texas [Mr. BONILLA] says that to bring everybody along in a consen- the gentleman from Texas [Mr. FROST] they have violated their charter that sus. This is not my preferred docu- for yielding this time to me, and I want was established in 1906. The committee ment. If I were going to have my name to use this opportunity to express my of jurisdiction is the Committee on the on education reform, there are a lot of dismay at this bill. I think the Dele- Judiciary. There are 26 other organiza- things I would change in this because I gate from the District of Columbia [Ms. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11625

NORTON] spoke very eloquently when for students attending private and reli- there is a huge difference between a she spoke about the elimination of gious schools in and outside the Dis- voucher and a scholarship. I would in- home rule for D.C. We talk a good trict. vite the gentleman, frankly, to go look game about giving the power back to This plan will divert attention and up the two words in Webster’s diction- the States and the cities, about taking vital resources away from efforts to re- ary. it away from the Congress, and when it form the District’s schools. If addi- Mr. FROST. Reclaiming my time, comes to Washington, DC, we want to, tional resources can be found to sup- Mr. Speaker, I believe the gentleman apparently, do just the opposite. I port education in Washington, DC, said there were no Federal funds in- think that home rule is home rule, and, they should be spent on helping the volved, and that I was misrepresenting if we are going to allow it for others, public system within the District, the fact that Federal funds were in- D.C. should be no different. rather than funding schools outside of volved for this purpose. His own What disturbs me in this bill are sev- the District. amendment, in the pages that I just eral different parts. First of all, and it Mr. Speaker, I urge my colleagues to read, 111 and 112, make it very clear has been mentioned before, the whole vote against the Gunderson amend- that Federal funds were authorized to abortion dispute to amend the D.C. ment. We must reform D.C. schools, be appropriated under this bill for Code not to allow the people of the Dis- but the way to solve this problem is vouchers. trict to decide what is right for them, not to take funds and attention away Mr. Speaker, I yield 21⁄2 minutes to not to allow them to spend their own from students that need help. The pub- money when it comes to abortion; this the gentleman from Montana [Mr. WIL- lic schools need our support so our stu- LIAMS]. to me is wrong despite what people dents can succeed. I also want to say if Mr. WILLIAMS. Mr. Speaker, I urge may feel, pro or con, on the issue of there are any amendments, the gen- my colleagues, somewhat reluctantly abortion. Singling out the NEA, as the tleman from Indiana [Mr. but urgently, to oppose this rule on the gentleman from California [Mr. DIXON] HOSTETTLER], I understand, is doing basis that it will allow public money to points out, when there are 26 other one on domestic partnership, I think, go to religious institutions. It does groups that have the same privileges, that should be rejected. The domestic that through this rule because the rule, singling them out to me seems abso- partnership allows two people who are through the use of a parliamentary lutely wrong. The whole issue of do- living together as a family for more gimmick, allows for authorization on mestic partnership, again to make it than 6 months to enjoy certain rights. an appropriation bill. The bill that will statutory not to allow D.C. home rule, If the people in the District of Co- be before us contains what has consist- if they want to have and allow domes- lumbia want to have that, that should ently and historically been described as tic partnerships, I do not think that be their prerogative. We cannot have school vouchers. should be this Congress’ business to this dual standard, this double stand- tell them no. I think they ought to ard whereby we say we want to take The gentleman from Wisconsin [Mr. have a right to do whatever they want power away from Congress and give it GUNDERSON] prefers to call them schol- in terms of domestic partnership, and I to the States and cities, but when it arships, but I think that is a distinc- do not think we ought to impose our comes to Washington, DC, we want to tion without much of a difference. views on them. hit them over the head and tell them Vouchers, or scholarships, as the gen- I also rise today to oppose the gen- that they cannot run their own show. tleman from Wisconsin calls them, tleman from Wisconsin, Mr. GUNDER- Mr. FROST. Mr. Speaker, I yield my- have been a great national issue for the SON’s amendment to a D.C. appropria- self 2 minutes. past decade and more in this country. tions bill. This amendment in my opin- Mr. Speaker, the gentleman from They have been widely considered and ion is the latest in the ongoing efforts Wisconsin [Mr. GUNDERSON] accused me debated in cities all across America, of this Congress to destroy rather than of misrepresenting the facts. I have a including this city, the District of Co- improve the public school system in copy of his amendment in front of me. lumbia, which just a few years ago had this country, and it is time, when D.C. I would like to read from the amend- this proposal before them. They were public schools need our strongest sup- ment. The English language is very not called vouchers, they were not port, we are instead, in my opinion, clear. called scholarships. At that time it was considering proposals that will weaken called paroch aid. them. I commend the gentleman from There is hereby established in the Treas- ury a fund that shall be known as the Dis- The voters of the District of Colum- Wisconsin for his efforts to be open and trict of Columbia Scholarship Fund, to be bia, in a fairly broad turnout, voted 9 inclusive in developing school reform administered by the Secretary of the Treas- to 1 against vouchers, scholarships, proposals, however the provisions in ury. paroch aid. Are we not going to tell the amendment to provide funding for The Secretary of the Treasury shall make them that the Congress of the United charter schools will only create chaos available and disburse to the corporation, at States knows better than they do, the beginning of each of fiscal years 1996 in the D.C. schools without promoting when they spoke by a vote of 9 to 1? real reform. The charter schools that through 2000, such funds as may have been Mr. Speaker, time and time again, could be funded by the legislation will appropriated to the District of Columbia Scholarship Fund. . . . Supreme Court after Supreme Court include private schools. These private has found that taxpayer money being schools would have a direct entitle- There are authorized to be appro- diverted to religious schools is uncon- ment to public funds and would not in- priated to the fund $5 million in fiscal stitutional because it violates, clearly, clude requirements that teachers be year 1996, $7 million in fiscal year 1997, the first amendment to the Constitu- certified. and $10 million for each of fiscal years 1998 through the year 2000. That is Fed- tion of the United States. I urge my b 1500 eral funds going into those scholar- colleagues, therefore, to begin the Mr. Speaker, Federal funding of the ships. That is vouchers. process of opposing vouchers. I urge my charter schools would deprive the Dis- The gentleman accused me of mis- colleagues to oppose vouchers, scholar- trict’s public schools of needed funds representing the fact, saying that there ships, and paroch aid by voting no on and further divide students along class, were no Federal funds involved in those the rule, and then no on the Gunderson religious, and ethnic lines, without vouchers. It is in the language of his substitute. doing anything to improve education amendment on pages 110, 111, and 112. In my remaining time, however, I or increase student achievement. Mr. GUNDERSON. Mr. Speaker, will want to commend the gentlewoman The so-called low-income scholarship the gentleman yield? from the District of Columbia [Ms. program in reality, despite what my Mr. FROST. I yield to the gentleman NORTON], who finds herself, unfortu- friend, the gentleman from Wisconsin from Wisconsin. nately, in a fiscal and legislative box [Mr. GUNDERSON], says, is actually a Mr. GUNDERSON. Mr. Speaker, I ap- canyon not of her making. She is doing voucher system and would have a simi- preciate the gentleman yielding. a good job in trying to solve this di- lar adverse effect on the District’s pub- Mr. Speaker, I never said there were lemma. I do not urge my colleagues to lic schools. The program would allow not Federal funds involved. There are support the bill, but I do urge them in Federal tax dollars to provide funding obviously Federal funds involved. I said their commendation of the work of the H 11626 CONGRESSIONAL RECORD — HOUSE November 1, 1995 gentlewoman from the District of Co- against his businesses, had not paid The previous question was ordered. lumbia. back his school loan until this year, The SPEAKER pro tempore. The The SPEAKER pro tempore (Mr. and the Mayor, in announcing the question is on the resolution. HANSEN). The gentleman from Texas $547,000 loan, did not even know how The question was taken; and the [Mr. FROST] has 21⁄2 minutes remaining, much it was for. He thought it was Speaker pro tempore announced that and the gentleman from Georgia [Mr. $400,000. the ayes appeared to have it. LINDER] has 71⁄2 minutes remaining. No, this is not a city that does know Mr. FROST. Mr. Speaker, on that I Mr. FROST. Mr. Speaker, I yield my- better. It is a city that has been spend- demand the yeas and nays. self the balance of our time. ing other people’s money for an awful The yeas and nays were ordered. The SPEAKER pro tempore. The gen- lot of time, and wants, of course, abso- The vote was taken by electronic de- tleman from Texas (Mr. FROST) is rec- lute freedom in doing that. There is vice, and there were—yeas 241, nays ognized for 21⁄2 minutes. not another city in America that can 181, not voting 10, as follows: Mr. FROST. The issues are very look to someone else for 40 percent of [Roll No. 757] clear, Mr. Speaker. This is a question its budget, and look to themselves for YEAS—241 of local control, which the other side the freedom to spend it. says they believe in, but they obvi- Allard Gallegly Myrick I think this bill will pass today, be- Archer Ganske Nethercutt ously only believe in it in every case cause I think we have to pass some Bachus Gekas Neumann except the District of Columbia. This is kind of appropriations for this city to Baesler Geren Ney a question of are we going to appro- keep it going. It will be close. I think Baker (CA) Gilchrest Norwood priate Federal funds to be used for Baker (LA) Gillmor Nussle it will pass without much help from Ballenger Goodlatte Oxley school vouchers in the District of Co- the minority, but I think we must pass Barr Goodling Packard lumbia; are we going to do other things the rule to get the bill to the floor. Barrett (NE) Gordon Parker that have been described by the gen- Bartlett Goss Paxon There are too many bills unpaid, there Barton Graham tleman from California [Mr. DIXON], Petri are too many fire engines in garages, Bass Greenwood Pickett the ranking member on this commit- being held there because we have not Bateman Gunderson Pombo tee, that we have not done in the past. been able to pay for the repair. There Bereuter Gutknecht Porter Bevill Hall (TX) Portman Mr. Speaker, I urge a ‘‘no’’ vote on are too many hospitals waiting for re- Bilbray Hancock Poshard the rule, and if the rule should be suc- Bilirakis Hansen imbursements. We simply must help Pryce Bliley Hastert cessful, a ‘‘no’’ vote on the bill. them pay their bills to keep the city Quillen Blute Hastings (WA) Mr. LINDER. Mr. Speaker, I yield Quinn moving. I suspect we will be doing this. Boehner Hayes Radanovich myself the remainder of our time. Mr. DIXON. Mr. Speaker, will the Bonilla Hayworth Mr. Speaker, it may not be very ex- gentleman yield? Bono Hefley Ramstad Brownback Heineman Regula citing to talk about the rule, but I Mr. LINDER. I yield to the gen- Riggs think the rule is fair. We would be here Bryant (TN) Herger tleman from California. Bunn Hilleary Roberts all day with efforts to instruct Wash- Mr. DIXON. Mr. Speaker, I do not Bunning Hobson Rogers ington, DC on how to conduct their want to argue with the gentleman from Burr Hoekstra Rohrabacher Ros-Lehtinen lives and their government if we did Georgia, but the gentleman says that Burton Hoke Buyer Hostettler Roth not have a reasonably closed rule, and 40 percent of the budget is someone Callahan Hunter Royce we have that. Yet, we have the impor- else’s money. The gentleman may be Calvert Hutchinson Salmon tant decisions to be put before us. correct, I do not know for sure. Could Camp Hyde Sanford I think the Gunderson amendment is Canady Inglis Saxton he tell me where he gets this figure? Castle Istook Scarborough an important one, because it is an hon- Mr. LINDER. I suspect that the gen- Chabot Johnson, Sam Schaefer est effort to try to change a school sys- tleman who is the chairman of the sub- Chambliss Jones Schiff tem that is an abject failure by any committee could address that. Chenoweth Kasich Seastrand Christensen Kelly Sensenbrenner measure. It spends more money per Mr. WALSH. Mr. Speaker, will the Chrysler Kim Shadegg pupil than any other school system in gentleman yield? Clinger King Shaw the Nation and does not graduate 50 Mr. LINDER. I yield to the gen- Coble Kingston Shays percent of its people. To try and do tleman from New York. Coburn Klug Shuster Collins (GA) Knollenberg Skeen that not with their money, not telling Mr. WALSH. Mr. Speaker, I think the Combest Kolbe Smith (MI) them how to spend their money, but gentleman is correct. The District’s Condit LaHood Smith (NJ) money we give to them, seems to me to total appropriated budget is about $5 Cooley Lantos Smith (TX) Cox Largent be reasonable. billion, including a $712 million direct Smith (WA) Cramer Latham Solomon Someone said if the people of the Dis- grant to the District by Congress. Crane LaTourette Souder trict of Columbia want that, they Mr. DIXON. Is the gentleman refer- Crapo Laughlin Spence ought to have it. That is true in the- Cremeans Lazio Stearns ring to the Federal payment—— Cubin Leach Stockman ory, but in practice, they are spending Mr. WALSH. Yes. Cunningham Lewis (CA) Stump Davis Lewis (KY) 40 percent of their budget coming from Mr. DIXON. Of $660 million. Stupak Deal Lightfoot other folks. I would not be here plead- Mr. WALSH. Plus $52 million for the Talent DeLay Linder Tate ing and begging for more of your pensions. Diaz-Balart Lipinski money plus freedom if it were my coun- Mr. DIXON. $712 million. Dickey Livingston Tauzin Doolittle LoBiondo Taylor (NC) ty. I would not think I would have de- Mr. WALSH. $712 million, and an- Thomas served more of your money. I would be other perhaps $1 billion, $1.2 billion, for Dornan Longley Dreier Lucas Thornberry embarrassed to make some of these formula funds, Medicaid funds, trans- Duncan Manton Tiahrt claims. However, this District of Co- portation funds, and so on. Dunn Manzullo Traficant lumbia government spends over 10 Mr. DIXON. All communities receive Ehlers Martini Upton Ehrlich Matsui Vucanovich times what my county government those. Emerson McCollum Waldholtz spends with more people and more Mr. WALSH. The gentleman made English McCrery Walker services, and yet runs up an annual def- the point that it makes up 40 percent Ensign McDade Walsh icit that exceeds my county’s entire of their budget. It does not in other Everett McHugh Wamp Ewing McInnis Watts (OK) budget by two times. I would be embar- communities around the United States. Fawell McIntosh Weldon (FL) rassed to say we deserve more. Mr. LINDER. Mr. Speaker, reclaim- Fields (TX) McKeon Weller The fact of the matter is we could ing my time, there is not another city Flanagan McNulty White Foley Metcalf Whitfield just read this morning on the front in America that has 40 percent of its Forbes Mica Wicker page of the Washington Post Metro sec- money coming from a Federal grant or Fowler Miller (FL) Wilson tion, where the city of the District of direct aid. Fox Molinari Wolf Columbia gave a $547,000 loan to an en- Mr. Speaker, I yield back the balance Franks (CT) Montgomery Young (AK) Frelinghuysen Moorhead Young (FL) trepreneur who had not paid back the of my time, and I move the previous Frisa Morella Zeliff previous loan, had $100,000 in liens question on the resolution. Funderburk Myers Zimmer November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11627 NAYS—181 The SPEAKER pro tempore (Mr. Mr. Chairman, the $4.97 billion con- Abercrombie Gibbons Ortiz HANSEN). Is there objection to the re- sists of $2.8 billion of the District’s own Ackerman Gilman Orton quest of the gentleman from New funds, and $712 million in Federal funds Andrews Gonzalez Owens York? provided in this bill, $1 billion in Fed- Baldacci Green Pallone Barcia Gutierrez Pastor There was no objection. eral grants, and $362 million in private Barrett (WI) Hall (OH) Payne (NJ) f and other funds, and $161 million in Becerra Hamilton Payne (VA) intra-District funds. Beilenson Hastings (FL) Pelosi DISTRICT OF COLUMBIA The $712 million in Federal funds rec- Bentsen Hefner Peterson (FL) APPROPRIATIONS ACT, 1996 Berman Hilliard Peterson (MN) ommended in this bill is consistent Bishop Hinchey Pomeroy The SPEAKER pro tempore. Pursu- with our 602(b) allocation in budget au- Boehlert Holden Rahall ant to House Resolution 252 and rule Bonior Horn thority and outlays. That amount in- Rangel Borski Houghton XXIII, the Chair declares the House in cludes a Federal payment to the gen- Reed Boucher Hoyer the Committee of the Whole House on Richardson eral fund of $660 million as authorized Brewster Jackson-Lee the State of the Union for the consider- in Public Law 103–373 and requested in Browder Jacobs Rivers Brown (CA) Jefferson Roemer ation of the bill, H.R. 2546. the President’s budget. In my opinion, Roukema Brown (FL) Johnson (CT) b 1533 Mr. Chairman, this payment by the Brown (OH) Johnson (SD) Roybal-Allard Federal Government is generous. Rush Bryant (TX) Johnson, E. B. IN THE COMMITTEE OF THE WHOLE The other part of the $712 million is Cardin Johnston Sabo Accordingly, the House resolved it- Sanders the $52 million for the Federal con- Chapman Kanjorski self into the Committee of the Whole Clay Kaptur Sawyer tribution to the police, fire, teachers, Clayton Kennedy (MA) Schroeder House on the State of the Union for the and judges retirement funds. This Clement Kennedy (RI) Schumer consideration of the bill (H.R. 2546) amount is $70 thousand below the Clyburn Kennelly Scott making appropriations for the govern- Coleman Kildee Serrano President’s request and reflects a re- Collins (IL) Kleczka Sisisky ment of the district of Columbia and duction that was necessary in order to Collins (MI) Klink Skaggs other activities chargeable in whole or comply with our 602(b) allocation. Conyers LaFalce Skelton in part against the revenues of said Costello Levin Slaughter District for the fiscal year ending Sep- DISTRICT’S FINANCIAL CRISIS Coyne Lewis (GA) Spratt During fiscal year 1994 it became ap- Danner Lincoln Stark tember 30, 1996, and for other purposes, de la Garza Lofgren Stenholm with Mr. HASTINGS of Washington in parent that the District government DeFazio Lowey Stokes the chair. was in serious financial trouble. The DeLauro Luther Studds District’s annual financial statement Dellums Maloney The Clerk read the title of the bill. Tanner The CHAIRMAN. Pursuant to the for fiscal year 1994 confirmed every- Deutsch Markey Taylor (MS) Dicks Martinez Thompson rule, the bill is considered as having one’s suspiction—the biggest annual Dingell Mascara Thornton been read the first time. deficit in the District’s history had oc- Dixon McCarthy Thurman Doggett McDermott Under the rule, the gentleman from curred and the government was tech- Torkildsen Dooley McHale New York [Mr. WALSH] will be recog- nically insolvent. Torres Doyle McKinney nized for 30 minutes and the gentleman Realizing what was about to occur, Durbin Meehan Torricelli from California [Mr. DIXON] will be rec- the House fifteen months ago made a Edwards Meek Towns Engel Menendez Velazquez ognized for 30 minutes. decision that was long overdue. It rec- Eshoo Meyers Vento The Chair recognizes the gentleman ognized that there was very little ac- Visclosky Evans Mfume ALSH Volkmer from New York [Mr. W ]. countability in the District govern- Farr Miller (CA) (Mr. WALSH asked and was given Fattah Minge Ward ment and a great deal of deception. Al- Fazio Mink Waters permission to revise and extend his re- though the budgets in the past were Filner Mollohan Watt (NC) marks.) balanced on paper, the city was over- Flake Moran Waxman Mr. WALSH. Mr. Chairman, I yield spending its budget and would soon be Foglietta Murtha Williams myself such time as I may consume. Ford Nadler Wise out of cash unless it changed its ways. Frank (MA) Neal Woolsey Mr. Chairman, 20 years of home rule The House, on a bipartisan basis, voted Frost Oberstar Wyden and 15 years of unrestrained spending to cut the District’s spending by $150 Furse Obey Wynn have brought the District government Gejdenson Olver Yates million—no change was made to its to the brink of financial insolvency. revenues. NOT VOTING—10 The District government has had the When the bill came out of conference Armey Harman Tucker same mayor for 13 of those 20 years. It last year the reductions were $140 mil- Fields (LA) Moakley Weldon (PA) is very difficult sometimes to discern lion and 2,000 positions as well as a cut Franks (NJ) Rose charisma from leadership, and when Gephardt Tejeda in the Federal payment of $10 million. that occurs and the latter is lacking, A year later the District is still in a b 1532 unsuspecting citizens are left to shoul- financial crisis. der the burden. Ms. ESHOO, Mrs. ROUKEMA, Mr. The bill we bring to you today will FINANCIAL MANAGEMENT AUTHORITY STENHOLM, and Mr. ABERCROMBIE provide the District government with a Recognizing this the Congress in changed their vote from ‘‘yea’’ to total budget of $4.97 billion for fiscal April of this year created a Financial ‘‘nay.’’ year 1996 consisting of $4.87 billion for Responsibility and Management Assist- Mr. CRAMER and Mr. COX of Califor- operating expenses and $102 million for ance Authority. The Authority became nia changed their vote from ‘‘nay’’ to capital outlay. I believe $4.97 billion is operative in June and in the last 5 ‘‘yea.’’ sufficient to provide adequate services months has made some tough deci- So the resolution was agreed to. given the size—68 square miles—and sions. I have a lot of confidence in the The result of the vote was announced population—570,000—of the city. The Authority and believe it is headed in as above recorded. District needs to do a better job of the right direction to bring the Dis- A motion to reconsider was laid on managing and setting priorities. It trict government back from the brink the table. needs to be held accountable. I believe of financial disaster to a sound finan- f that will be done through the D.C. Fi- cial footing. nancial Responsibility and Manage- BILL APPROPRIATES ALL REVENUE SOURCES GENERAL LEAVE ment Assistance Authority that was Unlike past years, our bill this year Mr. WALSH. Mr. Speaker, I ask established earlier this year by Public appropriates all of the District’s reve- unanimous consent that all Members Law 104–8. The authority is chaired by nues which include the Federal pay- may have 5 legislative days within Dr. Brimmer, and I am confident with ment, local taxes and other local reve- which to revise and extend their re- he and his colleagues will be successful nues, and Federal and other grants. In marks and that I may include tabular in encouraging meaningful structural past years the bill did not include Fed- and extraneous material on the bill, reforms and accountability in the Dis- eral and other grants which were con- H.R. 2546. trict government. sidered nonappropriated revenues. The H 11628 CONGRESSIONAL RECORD — HOUSE November 1, 1995 independent audit for fiscal year 1994 their maximum benefits to $750.’’ The assistance in bringing this bill to the showed that two-thirds of the Dis- City Auditor’s report goes on further to Committee. trict’s $335 million deficit was due to say that ‘‘the District lags behind in Mr. BONILLA of Texas, Mr. KINGSTON this nonappropriated category. receiving its full share of the 50 percent of Georgia, Mr. FRELINGHUYSEN of New ACTION BY DISTRICT Federal reimbursement through par- Jersey, Mr. NEUMANN of Wisconsin, Mr. While the bill does not go as far as ticipation in the Emergency Assistance DIXON of California, the ranking mem- some think it should, our actions at Services program sponsored by the U.S. ber of our subcommittee who served as the subcommittee level have resulted Department of Health and Human chairman for the past 15 years, Mr. in what I believe to be positive action Services.’’ This occurs because of defi- DURBIN of Illinois, and Ms. KAPTUR of by the District. The day after our ciencies in meeting certain Federal Ohio. markup the Board of Education voted documentation requirements, so there- Also Mr. Chairman, I want to thank to allow the Superintendent to use his fore the District has to pick up the full the staff for a job well done under some discretion in contracting out the man- cost of the program when they cannot very difficult circumstances. agement of any of the 164 public provide the documentation. John Simmons of my personal staff schools. According to the press the ‘‘WASTE’’ IN DISTRICT GOVERNMENT has done an outstanding job in coordi- Board as well as the Mayor and Council It is waste such as this which I be- nating between the Speaker’s office, are taking a look at the salaries of lieve is causing a lot of the city’s prob- the appropriations and authorizing school board members which are said lems. Recently the court-appointed Re- committees, the Speaker’s task force to be the highest in the country. City ceiver of the District’s foster care serv- and Members’ officers. officials have agreed to turn over the ices discovered another instance of Mary Porter who does an excellent Blue Plains sewage treatment plant to waste. According to press reports, and I job keeping track of the numbers. I am an independent authority under a pact quote: ‘‘Miller (the court-appointed re- told she has been doing this for the with suburban governments. ceiver) said that in an astounding ex- Committee for 35 years—she started One of the Council members intro- ample of lax cost control, his staff dis- back when our departed colleague Mr. duced a bill to consolidate the District covered that the agency is paying an Natcher first became chairman of the government’s economic development additional $5,000 a month rent for cafe- DC Subcommittee. She is detailed to entities into a single unit to cut costs teria space in the basement of (a build- the Committee from the District gov- and improve services. In addition, the ing) without ever having installed the ernment and works with the numbers Council Chairman sent up a draft copy cafeteria.’’ Miller goes on to talk about when they are first put together in the of a bill to establish a pension plan for other problems like a questionable $25 Mayor’s budget office, and follows new hires that will not have any un- million data-processing contract. The them through the Council, the House, funded liability. point is that this and so many other re- the Senate and conference. She is to be So all in all I believe our actions are ports and testimonies we have had commended for the high quality of her getting some results even though the seem to indicate that there is a lot of work as well as for her endurance and legislative provisions were dropped waste going on in the District and if we perseverance. from our bill in our subsequent markup can at least begin to eliminate some of Mike Fischetti is on loan from GAO. on October 19. Instead of including the this we may see some of those high per He is a CPA and a certified fraud exam- language in our bill, we are asking the capita costs come down. iner who is in great demand these days. Financial Authority to review several ACCOUNTABILITY We are very fortunate to have the ben- matters listed on pages 7, 8 and 9 of the We need accountability in the Dis- efit of his expertise and analysis. report and try to resolve them at the trict government, both for finances as And of course Migo Miconi, who has local level and report to the Congress well as the delivery of services. We are been on the staff for longer than he in March 1996 on the disposition of the hopeful that the Authority will begin cares to admit. items and recommendations for resolv- to show the kind of results we are all Each of them does an excellent job ing those that are still outstanding at looking forward to, and we hope that and together they make a great team. that time. this will be done in an atmosphere of Mr. Chairman, I believe the bill we It is vitally important that District cooperation with the Mayor and City bring to the House today is a good bill officials try to change the culture that Council. and one that the District can live with. has contributed greatly to the city’s fi- CONCLUSION At the appropriate time I will offer a nancial predicament. We are all in this together and we managers amendment to clarify lan- HIGH PER CAPITA COSTS each have to accept our role in this guage concerning adoptions by unmar- Another top priority of the Authority process of making our Nation’s Capital ried couples. will have to be—and I reiterate the the urban jewel it should be. It is Con- Mr. Chairman, I strongly recommend words ‘‘have to be’’—getting the per gress’ role to appropriate. The this bill to my colleagues and urge an capita costs of operating the District Authority’s role is to formulate the fi- ‘‘aye’’ vote. under control. By almost every meas- nancial controls and the process to im- b 1545 ure the cost of delivering services here prove services so that the city can per- in the District is the highest around. form its role, which is to execute and Mr. Chairman, I reserve the balance According to a Congressional Research carry out that process in a disciplined of my time. Service comparison of the District of and professional manner. Mr. DIXON. Mr. Chairman, I yield Columbia to cities of comparable size We hope much will be accomplished myself such time as I may consume. for fiscal year 1992, the District had the this year so that we do not see more of (Mr. DIXON asked and was given per- highest per capita costs for police, fire, the city’s operations falling under mission to revise and extend his re- education and welfare services. court orders or into receivership. That marks. To provide police protection in 1992 is the final action that will need to be Mr. DIXON. Mr. Chairman, I rise the District government spent $467 per taken if the city cannot get control of today in opposition to this bill. I do so person compared to $248 for the city of its spending and reduce its costs to rea- with great reluctance because while I Boston, MA. Regarding Emergency As- sonable levels. do not always agree philosophically sistance Services, the City Auditor re- Other very important issues, such as with the distinguished gentleman from cently reported that a ‘‘comparison be- tax reform and health and welfare is- New York, I realize that and under- tween the District and neighboring ju- sues, will also have to be reviewed by stand that we both respect each other’s risdictions revealed that the District the authorizing committees. These re- opinions. I commend Chairman WALSH provided the most generous emergency forms will be needed to revitalize the for his work on a very difficult bill, for assistance benefits in the region during economy of the District and will be the his sincere efforts to bring the District fiscal years 1993 and 1994. The District subject of many discussions and pos- back to financial health. provided benefits up to a maximum of sible future legislation. I also want to thank the staff that he $4,350, while Prince George’s and Mont- In closing, I want to thank all of the just mentioned, Migo Micone, Mr. John gomery Counties in Maryland limit members of our subcommittee for their Simmons, Mike Fischetti, and Mary November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11629 Porter, and a special thanks to the mi- In September, the Mayor, the City recommendations for the District for nority consultant on this bill, Cheryl Council, and the Financial Oversight 1996. Smith. Board reached an agreement on signifi- Mr. Chairman, the distinguished gen- Additionally, I would like to throw cant budget cuts and staffing reduc- tleman from New York has indicated, an accolade to the delegate from the tions that will result in over 5,200 posi- and will indicate, that this bill will re- District of Columbia, the gentlewoman tions being cut from the fiscal year sult only in an $85 million cut for the from the District of Columbia [Ms. 1996 budget. These personnel cuts District below the 1995 budget. In re- NORTON]. She has done yeoman’s work amount to a 13-percent cut from the ality, this cut will be much deeper. Re- in trying to work with both Repub- staffing levels originally requested by alistically speaking, these cuts will licans and Democrats to craft a better the Mayor. likely have to be made over a 9-month bill for the District. She has been tire- Yet despite these reductions, this bill period, because it will take the Finan- less in her efforts to facilitate agree- would require the District to cut an ad- cial Oversight Board and the Mayor ments between all of the various par- ditional $256 million more than the Fi- several months to determine where to ties that have competing interests in nancial Control Board says is prudent. make these cuts, and the choices are this bill. These cuts are not endorsed by the Fi- not pretty. This bill is important for what it nancial Control Board. The District already owes millions to does not contain as much as for what it Mr. Chairman, members of the Fi- vendors who have already provided does contain. In particular, I commend nancial Oversight Board now find that services to the city. In August, the Dis- the chairman, the gentleman from New months of hard working with the Dis- trict stopped making Medicaid pay- York [Mr. WALSH], for decisions to drop trict officials and analyzing the Dis- ments to hospitals and health care pro- some 40 legislative provisions from the trict’s budget have seen their figures viders because of the lack of funds. bill that would have created consider- and facts thrown out the door. I cannot Last week, the Washington Post in- able controversy and delayed consider- understand how the majority and the cluded an article about the inability of ation of this matter. In this respect, gentleman from New York [Mr. WALSH] the District to promptly repair broken the bill has been greatly improved over in particular can say it accepts the street lights and traffic signals because earlier versions. findings of the Control Board and they it owes the local utility company near- I also want to commend our chair- totally disagree with him. man, the gentleman from New York For the first time I recall the com- ly $4 million. [Mr. WALSH], for recommending the mittee has knowingly used figures in The District cannot pay health insur- full Federal payment for the District. this bill that are wrong. The figures ance premiums for city employees be- This bill includes $660 million for the are just plain wrong. The majority con- cause of shortage of funds. Low-income Federal payment in fiscal year 1996, the tinues to disregard the Control Board’s citizens cannot receive timely care at full authorized amount, and $52 million recommendation that $5.123 billion be D.C. General Hospital because of lack for the Federal contributions to the provided for the District’s operating of resources to purchase supplies and District’s retirement funds for police, budget in fiscal year 1996, not $5.16 bil- to retain medical personnel. Dis- fire, judges, and teachers. There has lion, not $4.86 billion, not $5.12 billion. traught firefighters must call on sur- been no disagreement on these funds, This bill falls far short of the mark. rounding jurisdictions to fight two- and they are fully provided for in this If we approve this bill, we severely alarm fires because funding shortages bill. undermine the credibility and the con- have prevented them from maintaining Unfortunately, though, notwith- the fleet of fire trucks. standing the good parts of this bill, fidence of the Control Board. When the this bill falls far short. We all know Control Board was put in place, its Many believe the District’s schools that the District is in a financial crisis. main responsibility was to establish are among the worst in the Nation, and Yet this bill imposes a spending cap of under their budget how much the Dis- that is why we will be debating the $4.867 billion on the District of Colum- trict Government would cost to run for Gunderson education reform package bia’s operating budget for fiscal year the fiscal year and to recommend to us later in this bill. Yet this bill cuts 1996. The spending cap will force the appropriate cuts. We have not accepted funds that could be used to hire teach- Mayor, under the direction of the Dis- their figure nor have we accepted their ers, to buy books and repair schools, to trict of Columbia Financial Control recommendations, and so I just fail to provide the city, this city, with the Board, to allocate $256 million in addi- see how we are placing any confidence quality of education that I think we all tional cuts below the cuts already rec- in the Board that has done a stellar job agree it deserves. ommended by the District of Colum- thus far in this bill. This bill will make this bad situation bia’s Financial Review Board. Mr. Chairman, this is a bad bill, be- only worse. cause the District will not be able to Mr. Chairman, this is a bad bill be- Finally, Mr. Chairman, this is a bad use its own money to buy books for cause it tells the District that it can- bill because it clearly violates the students, repair the schools, pick up not spend all of the tax revenue it gen- home rule of the District of Columbia the garbage, fight crime, maintaining erates. Let me repeat that: all of the and has nothing to do with the finan- other critical services for the District tax revenue that it generates from Dis- cial situation here. The bill amends the residents. The additional budget cuts trict residents. It is a bad bill, because code to ban all Federal and local fund- endorsed by the majority were made Congress has decided, not the District ing for abortion and would ban even without consultation with the District nor the Financial Board, knows best privately funded abortions conducted officials or Control Board regarding about what to do in this situation. As in District-operated or funded facilities their impact on city services. These it relates to the District, apparently, except to save the life of the mother, cuts are not based on sound analysis or the Republican rhetoric to get the Fed- rape, or incest. These restrictions go thorough review of the budget savings eral Government out of the lives of far beyond any previous restrictions in that responsibly could be achieved by Americans does not apply to the Dis- the District of Columbia appropria- the District in less than a year’s time trict’s citizens. tions bill. They simply do not belong in Mr. Chairman, in April of this year, nor any evaluation of the resources this bill. Congress established a new Financial needed to sustain education, public Oversight Board comprised of District safety, sanitation, public works for Second, the bill amends the local residents to solve the District’s finan- those who work and live in and visit statutes to dictate to District residents cial and management problems and to the District. who may or may not adopt a child in bring the District’s budget into balance This is an analysis that was con- the District of Columbia. This provi- over a 4-year period. That legislation ducted by the Control Board and re- sion simply does not belong in this bill included some very tough medicine for jected out of hand by the majority. and has nothing to do with the finan- the District including granting the Fi- I will insert in the CONGRESSIONAL cial condition of this city. nancial Oversight Board the most ex- RECORD at the end of my statement the Mr. Chairman, these are policy deci- tensive powers of any such board in the various documents submitted by the sions that severely trample the rights Nation. Financial Control Board concerning its of District residents to make their own H 11630 CONGRESSIONAL RECORD — HOUSE November 1, 1995 judgments about the matters through trict agencies already are experiencing seri- As was intended in the legislation, the their elected officials. The inclusion of ous problems in maintaining adequate serv- process has been iterative. The final budget these provisions in this bill is even ice delivery and in meeting their obligations based on Authority recommendations was more outrageous because, with the ex- to vendors. Cuts to levels below our rec- significantly different from the original ommendations would only exacerbate these budget submitted by the District in May. ception of the Delegate from the Dis- problems. Based on our recommendations, not only did trict of Columbia, many Members of Sincerely yours, the final District budget call for more than this body have no accountability to the ANDREW F. BRIMMER, 5,000 FTE reductions, but the District also District. Chairman. has started to develop information that will Mr. Chairman, the President has in- Enclosure. be valuable in developing the supplemental dicated that he will veto this bill be- DISTRICT OF COLUMBIA FINANCIAL fiscal year 1996 budget and future budgets cause the budget cuts are too deep and RESPONSIBILITY AND MANAGEMENT and financial plans. ASSISTANCE AUTHORITY, As a part of this process, the Authority the home-rule violations are intrusive. Washington, DC, September 28, 1995. The bill should be defeated. staff worked closely with both the District’s Hon. JAMES T. WALSH, executive and legislative branch offices. This Finally, Mr. Chairman, I want to Chairman, Subcommittee on the District of Co- once again acknowledge the hard work included meetings with the Mayor, the lumbia, Committee on Appropriations, Chairman and Members of the City Council, of the chairman, the gentleman from House of Representatives, Washington, DC. the City Administrator, the Director of the DEAR MR. CHAIRMAN: Last week, the House New York [Mr. WALSH]. He has taken a Budget, and the Directors and Chief Finan- Subcommittee on Appropriations for the Dis- lot of heat on this bill. We just disagree cial Officers of Several District agencies. with the judgment that the way to get trict of Columbia marked up the District’s transition budget for fiscal year 1996. The We analyzed numerous District-wide issues the finances in order in this commu- District of Columbia Financial Responsibil- including personnel, financial management nity is, first, to use the wrong numbers ity and Management Assistance Authority systems, and cash projections. This informa- so the cuts turn out to be greater than (DCFRA) has reviewed the Subcommittee’s tion, combined with a review of previous he says, not 148, but 256; that, in fact, actions. We are respectfully submitting this studies of the District (including the Novem- the way to do it is just to arbitrarily letter because we have several concerns ber, 1990, Rivlin report), provided the context necessary for the Authority to address Dis- take the 250 and tell the Control Board about the potential impact of many of those actions. trict-wide issues. Furthermore, we under- to make those cuts. took extensive analysis of current personnel Second, we disagree that now that According to preliminary information on the Subcommittee mark up, the Subcommit- levels, FTE calculations, and historical per- the Republicans are in control they can tee approved further reductions of District sonnel patterns. This analysis was the basis do whatever they want to, they can appropriations by $258 million and 461 FTEs. of our detailed recommendations on District bring up any bill they want to on abor- The Authority is very concerned about these FTE levels. We also met with officials in the tion, they can bring up a clean bill to additional reductions. Public Law 104–8, District’s Office of Financial Management, affect the NEA or any of the other 26 which created the Authority, also laid out a City Administrator, Controller, and agency organizations that they want to. process for addressing the District’s finan- heads and Chief Financial Officers to assess Those matters do not belong in the cial and management weaknesses. This proc- the financial information management sys- ess for fiscal year 1996 called not only for a tem weaknesses, and we concluded a new financial condition of the bill; but, nev- system is needed immediately. ertheless, I understand his dilemma. review of the initial fiscal year 1996 transi- tion budget, but also for preparation of a In addition to our analysis of District-wide The materials referred to are as fol- supplemental budget for fiscal year 1996 and issues, we also held detailed discussions with lows: a financial plan that must be approved by agency officials and analyzed many aspects DISTRICT OF COLUMBIA FINANCIAL February 1, 1996. The special process used for of agencies’ budget projections. Some exam- RESPONSIBILITY AND MANAGEMENT fiscal year 1996 was developed because there ples include: ASSISTANCE AUTHORITY, was agreement that more information and District Public Schools: we reviewed per- Washington, DC, October 20, 1995. analysis was needed before a final fiscal year sonnel reports for locations and types of em- Hon. JULIAN DIXON, budget was approved. The Authority and ployees and school building utilization re- Ranking Minority Member, Subcommittee on the staff spent considerable time reviewing Dis- ports; District of Columbia, Committee on Appro- trict documents and meeting with District Medicaid within DHS: we examined cost re- priations, House of Representatives, Wash- officials before making both our July 15 rec- ports and cash flow analysis to determine ington, DC. ommendations to the District and the final the reasonableness of the fiscal year 1996 pro- DEAR MR. DIXON: I am writing in response recommendations contained in our August 15 to your October 19, 1995 letter regarding re- jections; report to the Congress. We believe additional District General Hospital: we met with cent actions taken by the House Appropria- reductions to the District budget, without tions Subcommittee on the District of Co- hospital officials and reviewed management further review and analysis, could harm initiatives; lumbia. service delivery and be counter-productive to The Authority is aware that the Sub- Department of Public Works: we reviewed the process stipulated in Public Law 104–8. committee’s actions, if passed by the Con- historical personnel levels and studied man- The Authority also has a number of concerns gress and signed into law by the President, agement initiatives designed to reengineer about some of the other provisions that sur- will result in fiscal year 1996 cuts to the Dis- DPW programs and improve customer serv- faced during the mark up of the District ap- trict of Columbia of $256 million below the ice; propriations bill. I detail our concerns later $5.123 billion level recommended by the Au- in this letter. Department of Corrections: we analyzed thority in our August 15, 1995, report to Con- staffing levels and patterns and studied the BACKGROUND gress. costs of housing prisoners in federal facili- On September 28, 1995, I wrote to Chairman Before I provide our detailed views on the ties. Walsh to express the views of the Authority various Subcommittee’s amendments and on the proposed cuts to the District’s appro- other actions, I want to emphasize the care- VIEWS OF FTE AND FUNDING CHANGES priations. I advised him that additional cuts ful analysis and assessment which served as The Authority does not currently have below the Authority’s recommendations, a basis for the Authority’s initial rec- final data on the District of Columbia budget made without further study, could harm ommendations to the District and our final as marked up by the Subcommittee. Never- service delivery and have a negative impact recommendations to the Congress. The Dis- theless, it would appear from available infor- on District residents. A copy of my letter to trict of Columbia initially submitted a budg- mation that total budget figures included in Chairman Walsh is enclosed. et for fiscal year 1996 to the Congress on May the draft House documents are preliminary. You observed that recent statements at- 8, 1995. In accordance with Public Law 104–8, For example, the House Subcommittee sum- tributed to me in the media suggested that Section 208(a)(1), on July 15, 1995, the Au- mary budget shows total expenditures of we now support the proposed budget reduc- thority made recommendations on the fiscal $4.943 billion. However, detailed agency tions. Actually, in the meeting with Messrs. year 1996 budget to the Major, the Council, breakouts total to $4.867 billion. Gingrich, Livingston, and Walsh on October the President, and the Congress. The Council Based on the revised District budget (Au- 17, I was not asked whether the Board would adopted a revised fiscal year 1996 transition gust 1 budget) of $5.148 billion and the de- support the lower budget ceiling. Rather, I budget and on August 1, 1995, submitted the tailed information contained in the Sub- was asked only whether we would be pre- budget to the Authority, the President, and committee’s preliminary tables, the Sub- pared to allocate the amount appropriated. I the Congress in accordance with Public Law committee calls for reductions of 461 FTEs said we would do that. 104–8, Section 208(a)(2). On August 15, 1995, and $258 million! The attached table illus- Let me assure you that the Authority con- the Authority issued a report to the Con- trates these changes by appropriation title. tinues to stand by its recommendations on gress that contained recommendations for the District budget. We continue to believe revisions to the District’s fiscal year 1996 FTE changes that an adverse impact on the city is likely transition budget in accordance with Public The Authority is very concerned about fur- if the additional cuts become law. Many Dis- Law 104–8, Section 208(a)(3). ther reductions of 461 FTEs contained in the November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11631 Subcommittee budget. These reductions face of reductions in the IG’s office, is not (7) Requires escrowing of motor vehicle would have a deleterious effect on the ability warranted. fuel taxes. The Authority is opposed to this of many District agencies to carry out their (3) Funding for the City Administrator’s provision. Recently enacted legislation al- missions and to deliver services to residents. Office was more than doubled from $4.7 mil- lowed the District to receive highway funds We are particularly disturbed by the follow- lion to $9.7 million. Officials in the City Ad- with a delayed match. This legislation re- ing proposed reductions: ministrator’s Office were not previously quired the establishment of a fund to provide (1) The Department of Public Works was aware of this change and did not know the for these matches in the future. The fund reduced by 146 FTEs and $17.7 million. The purpose of the substantial funds increase. was established, but Congress did not man- Authority believes these additional reduc- Based on information available, the Author- date the funding mechanism. However, the tions would be very harmful, especially ity does not support this funding change. Authority plans to review these require- since, in recent years, DPW has already (4) The Board of Elections and Ethics’ ments and to provide assurance that the pro- taken significant cuts and reduced many budget and FTEs were doubled. Funds in- visions are carried out. Without knowing the upper and middle management positions. In creased from $2.1 million to $4.3 million and total amount of fuel tax and matching funds, our recommendation directing the District FTEs increased from 35 to 73. Based on infor- setting up a fund escrowing these amounts to allocate an additional 704 reductions, we mation available, the Authority does not would be ill advised. specifically recommended that the District support this increase. (5) WMATA was reduced by $12.5 million. (8) Work rules for police, firefighters, and not allocate any of these reductions to DPW. teachers should include performance meas- We believed at that time that additional WMATA is jointly funded by Washington Metropolitan Area governments. Reduction ures and the District should hire consultants DPW cuts would seriously harm an agency to negotiate labor contracts. The Authority critical to District service provision. We still of the District’s subsidy could impact the en- tire system. Any change should be consid- agrees that work rules should include per- believe this would be the case. Consequently, ered as part of a broader agreement. The Au- formance measures, but it is opposed to man- we do not support these reductions. thority advises against making such reduc- dating the retention of a consultant for labor (2) The University of the District of Colum- negotiations. bia was reduced by 120 FTEs, from 1,079 to tions without additional study and consulta- 959, and by $7 million. the Authority does not tion with other area jurisdictions. (9) Requires the Inspector General to audit (6) District employees health benefits were support this reduction. In meetings held use of vehicles, cellular phones, fax ma- reduced by $68 million. Total health benefit with Authority staff, UDC officials noted chines, and televisions. The Authority be- costs are currently $148 million, which in- lieves that, although these issues are impor- that the revised budget of 1,079 FTEs, which cludes approximately 18,000 employees under reduced more than 200 FTEs from actual fis- tant and may be worthy of study, specifi- the Federal Health Benefits program and the cally requiring the IG to perform these au- cal year 1994 levels, would adversely impact remaining employees under the District’s the university. In our recommendation, we dits is ill-advised. Areas studied by the IG health program. The District’s Office of Per- should be identified in a strategic plan. The urged the university to assess its under- sonnel is planning a major restructuring of graduate and graduate offerings as one part IG is required to prepare a plan in conjunc- the health benefits program, but reducing tion with the CFO and the Authority. Such a of its efforts to reduce costs. Cutting addi- funding by more than 45 percent would un- tional FTEs at this time before such a study plan may identify other areas that are more doubtedly have harmful consequences for the urgent than these mandated audits. The re- is complete is not prudent. District. Therefore, the Authority does not (3) The Department of Employment Serv- sources of the IG should be allocated on the support this reduction. ices was reduced by 86 positions. The Author- basis of the most critical issues to be faced. ity does not support this reduction and notes VIEWS ON OTHER PROPOSALS (10) Directs District to develop a plan for a that this budget had already been reduced by The Subcommittee in markup considered health care facility or close D.C. General by more than 150 FTEs. At the August Budget 40 specific provisions, some of which were ap- September 30, 1996. The Authority is strongly Summit, District officials noted that any proved, others of which were withdrawn. The opposed to this provision. The hospital further reductions in this department could Authority has views on a number of these should not be forced to close at the end of result in the loss of substantial federal grant proposals: the fiscal year without alternative provision funds, which comprise approximately one- (1) Ryan White federal grant funds be dis- for services to the most needy in the commu- half of this agency’s budget. bursed by the District within 90 days. The nity. This would have a drastic effect on the (4) The Department of Human Services Authority believes this is sound manage- health industry in the Washington area since (DHS) was reduced by 149 FTEs. The Author- ment and good policy, but it should not be other hospitals would have to absorb the un- ity does not support this reduction. The Au- legislated. Such a policy should not be lim- compensated care of those displaced by D.C. thority had already recommended reductions ited to Ryan White grant funds. General’s closing. In its August 15 report to from on-board DHS staffing of 637 FTEs. As (2) Directs Board of Education to: (a) con- Congress on the District’s Fiscal Year 1996 with the other reductions, further cuts with- tract out all food services and security serv- budget, the Authority supported a proposal out additional study could harm this critical ices operations, and (b) develop manage- to turn over control of the Hospital to a Pub- agency which serves the District’s most dis- ment, data systems, and training. The Au- lic Benefits Corporation. The Authority also advantaged citizens. thority believes the District should be en- noted, however, that the Authority and the couraged to explore these contracting out Funding and other changes District need much more information about options, but the decision should be based on the new entity proposed to be created, the The Subcommittee markup also contained cost-benefit analysis, as opposed to an arbi- a number of other financial and organiza- impact of the shift on employee rights, and trary mandate. The Authority agrees that other factors. tional changes that the Authority does not management and data systems are needed. support without additional analytical study. Such systems should be compatible with Dis- (11) Requires management assessment (1) The Office of Financial Management trict-wide systems. studies in several areas and requires the es- was reduced by more than $30 million, which (3) Board of Education should maintain the tablishment of 25 inspection stations. The mostly consisted of funds for the new Finan- number of school-based educational and cler- Authority has already recommended pilot cial Management System (FMS). The Au- ical employees at a minimum of 7,000. The studies in three areas: Department of Public thority strongly disagrees with this action. Authority believes that school-based FTEs Works, Department of Administrative Serv- We recommended that $28 million be appro- should be set according to an agreed staffing ices, and Office of Personnel. The potential priated to finance the development and in- plan, but not by mandates at arbitrary lev- need for more inspection stations will be a stallation of the FMS. However, funding for els. part of these efforts. the FMS was shifted to pay-as-you-go capital (4) establishes ceiling of 2,200 non-school (12) Requires preparation of budget within project, a shift the Authority opposes. Im- based employees. As stated under provision 15 days of enactment of the appropriation proved financial management requires a new 3, staffing should be based on a plan. bill. The Authority agrees with this rec- FMS now. By shifting FMS funding to the (5) Requires that DC Public Schools finan- ommendation. capital budget, the project would have to cial management and related information be (13) Technical changes to the provisions es- compete with other capital needs, which interfaced with D.C. systems and accessible tablishing the Financial Responsibility Au- could delay FMS’ implementation. to staff of Mayor, Council, Congress, and the thority. The Authority agrees with this rec- (2) The Inspector General’s budget was de- Authority. The Authority agrees that DCPS’ ommendation. creased by an additional $73,000. The Author- system must be compatible with District- ity does not support this reduction. The Au- wide information. (14) Gives the Authority responsibility to thority recommended that resources for this (6) Directs School Board to develop school- appoint the Chief Financial Officer and In- office be increased, not decreased. Public by-school gross operating budget. The Au- spector General if the positions remain va- Law 104–8 created a more powerful IG, a role thority does not believe such a provision cant for more than 60 days. The Authority that could not be fulfilled if funding for the should be mandated. Other school systems supports this provision. office is decreased. In a related issue, the budgets should be studied to see if they (15) Requires CFO to make appropriation District of Columbia Auditor staffing was budget on the basis of individual schools. allotments to each certifying and contract nearly doubled from 12 FTEs to 22 FTEs and The advantages and disadvantages should be officer and provides that these officials who funding increased by more than $300,000. The weighed, but the decision whether to adopt incur obligations in excess of their allot- D.C. Auditor performs a valuable function, this type of budget delineation should be left ments shall be in violation of the Anti-Defi- but a doubling of the staff, especially in the to school officials. ciency Act and shall be personally liable. In H 11632 CONGRESSIONAL RECORD — HOUSE November 1, 1995 these cases, these officials will be termi- plementation of a new financial management (21) Requires privatization of Blue Plains. nated without by the CFO without recourse. system. The Authority opposes mandating the pri- The Authority supports the basic concept of (17) Prohibits debt restructuring. The Au- vatization of Blue Plains immediately. The this provision to establish accountability for thority is opposed to this restriction. There Authority agrees that the problems at Blue managers. However, there must be some rec- may be situations where debt restructuring Plains need to be immediately addressed, but ognition of the fact that the District is still is a prudent course of action. The Authority Congress should allow the implementation of working with the same system that was in is required to approve such actions. the existing review process and long range place in the past. As pointed out by GAO and (18) Waives personnel rules to downsize plan. This decision also should be left to the others, there are limitations to the accuracy workforce and prohibits buyout incentives to planning process of the local government and and timeliness of the data in this system. employees in positions that will be other jurisdictions which have a direct inter- These are the same data that officials must downsized. The Authority notes PL 104–8 est. waives all personnel rules if reductions are use to make their certifications. However, (22) Repeals the Clean Air Compliance Fee carried out as a result of an approved finan- the Authority recommends that the manda- Act of 1994. The authority notes that, if the cial plan and budget. The Authority also be- tory firing provision be eliminated, espe- repeal of this provision has tax implications lieves that this is a good general rule, but cially a firing provision without recourse. and changes in revenue, the likely impact there may be a case where the District would The CFO should be given the authority to should be studied before the Act is repealed want to encourage turnover in positions that make all personnel decisions with respect to or modified. those peoples reporting to the CFO. they would backfill. This should be an excep- tional condition, but it should not be closed In closing, I would reiterate that the Au- (16) Places a cap on the amount appro- off to the District as an option. thority feels quite strongly that the prices priated for each type of fund and requires (19) Repeals Displaced Workers Act. In gen- put in place by the District of Columbia Fi- that funds must be obligated by object class, eral, the Authority supports eliminating bar- nancial Responsibility and Management As- purpose, and department. Variances require riers to privatization and therefore supports sistance Act of 1995 should be used in order approval of CFO, Authority, and advance no- the concept of this proposal. to effect positive financial and management tice to appropriations subcommittees. The (20) Requires the District to develop a plan changes in the District. This process antici- Authority generally agrees with this provi- to close Lorton. Although a study of Lorton pates a strong role for the Authority in en- sion, except for advance notice to the Con- should be an integral part of future options suring financial discipline and improving gress. The Authority believes quarterly re- for the District, the Authority opposes this services in the District. I look forward to porting as required under Public Law 104–8 provision because it requires closing the fa- working with you in ensuring that the proc- may be sufficient. The Authority also points cility without benefit of a study. The Au- ess mandated by Congress benefits the Dis- out that the limitations of the current finan- thority would be willing to coordinate such a trict. cial management system could hamper im- study. The District should be able to con- Sincerely yours, plementation of these kinds of controls. As sider a variety of options concerning Lorton. ANDREW F. BRIMMER, noted previously, the Authority strongly All actions should be the result of the Finan- Chairman. supports the immediate development and im- cial Plan and Budget process. Attachment. DISTRICT OF COLUMBIA FISCAL YEAR 1996 BUDGET

Revised dis- House au- Percent trict Authority House thority change

Appropriation title: Economic Development ...... $142,661 $139,335 $121,966 ¥$17,369 ¥12.47 Financing and Other Uses ...... 273,717 343,717 271,154 ¥72,563 ¥21.11 Government Direction ...... 150,721 149,793 118,290 ¥31,503 ¥21.03 Human Resources ...... 0 0 0 0 ...... Health and Human Services ...... 1,859,622 1,845,638 1,729,019 ¥116,619 ¥6.32 Public Education ...... 800,081 789,079 780,519 ¥8,560 ¥1.08 Public Safety and Justice ...... 960,747 961,559 939,672 ¥21,887 ¥2.28 Public Works ...... 297,568 297,326 267,154 ¥30,172 ¥10.15 Enterprise ...... 663,181 597,156 639,509 42,353 ¥7.09 Total ...... 5,148,298 5,123,603 4,867,283 ¥256,320 ¥5.00

FTE’s: Economic Development ...... 1,800 1,692 1,543 ¥149 ¥8.81 Financing and Other Uses ...... ¥1,000 ...... 0 ...... Government Direction ...... 1,625 1,465 1,448 ¥17 ¥1.16 Human Resources ...... 0 ...... Health and Human Services ...... 6,757 6,289 6,320 31 0.49 Public Education ...... 12,139 11,670 11,514 ¥156 ¥1.34 Public Safety and Justice ...... 11,697 11,544 11,588 44 0.38 Public Works ...... 1,914 1,914 1,768 ¥146 ¥7.63 Enterprise ...... 1,309 1,197 1,129 ¥68 ¥5.68 Total ...... 36,241 35,771 35,310 ¥461 ¥1.29

DISTRICT OF COLUMBIA FINANCIAL financial stability. The District has already ganization and work force for more efficient RESPONSIBILITY AND MANAGEMENT agreed to take steps to (1) develop pilot per- and effective service delivery; and to ensure ASSISTANCE AUTHORITY, formance management projects and (2) to the long-term economic, financial, and fiscal Washington, DC, August 15, 1995. strengthen its financial management infor- viability of the District. The review of Dis- Hon. BOB LIVINGSTON, mation infrastructure so that critical infor- trict budgets is one aspect of carrying out Chairman, Committee on Appropriations, mation is available not only to assess the fi- this responsibility. Therefore, the House of Representatives. nances of the District, but more importantly Authority’s review of the fiscal year 1996 DEAR MR. CHAIRMAN: This letter transmits to give District officials better real-time in- budget was a much broader look than simply the District of Columbia Financial Respon- formation to manage their programs. an analysis of budget dollars or the number sibility and Management Assistance The Authority and its staff stand ready to of full-time equivalent (FTE) personnel. The Authority’s (Authority) report on the Dis- respond to any questions you may have Authority also focused on improving the trict of Columbia’s fiscal year 1996 budget in about this report. We look forward to work- quality of services provided to the District. accordance with Public Law 104–8 Section ing with you and your staff. Authority members expressed concerns 208(a)(3). The report contains recommenda- Sincerely yours, about maintaining and improving quality tions for revisions to the District of Colum- Dr. ANDREW F. BRIMMER, services for those who need it most. For ex- bia’s Fiscal Year 1996 transition budget. Chairman. ample, targets for reductions are focused on These recommendations are designed to Enclosure. administrative and mid-management level help ensure the District government makes personnel, not on the employees who are in continuous, substantial progress towards REPORT OF THE DISTRICT OF COLUMBIA FINAN- equalizing its expenditures and revenues and CIAL RESPONSIBILITY AND MANAGEMENT AS- front-line service delivery positions. reducing the cumulative fund balance defi- SISTANCE AUTHORITY ON THE DISTRICT OF Authority members have listened to many cit. They also address other key goals of the COLUMBIA’S FISCAL YEAR 1996 BUDGET citizens at the Authority’s public meetings legislation. As such, they not only focus on The Financial Responsibility and Manage- and other forums talk about the quality of addressing the current fiscal condition of the ment Assistance Act of 1995 (Public Law 104– services. For example, one citizen said that District, but they also begin a process that 8) created the Authority to help eliminate essential services such as police and emer- will help the District ensure the appropriate District budget deficits and cash shortages; gency services need to be improved. Others and efficient delivery of services and future to assist the District in restructuring its or- have talked about improvements needed in November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11633 the schools or the Department of Correc- Congress (original fiscal year 1996 budget). In Adjustments and reductions in FTE’s tions. These citizens want and deserve an ef- accordance with Public Law 104–8, Section fective and efficient District Government. 208(a)(1), on July 15, 1995, the Authority Personnel is a large component of District The District has many qualified employees made recommendations on the fiscal year spending. The District has 1 employee for who are working hard every day to deliver 1996 budget to the Mayor, Council, President, every 13 residents. The Rivlin Commission services to District residents. However, and Congress (these recommendations are Report 1 in 1990 noted that, even accounting many of the processes for carrying out these shown as appendix I). The Council adopted a for state and county services, the District programs are ineffective and service delivery revised fiscal year 1996 transition budget and has 40 percent more staff per 10,000 popu- suffers no matter how hard employees work. on August 1, 1995, submitted the budget to lation (or nearly 15,000 more staff) than the In order to carry out its mandate, the Au- the Authority, President, and Congress, in average for 12 similar cities. This report rec- thority worked closely with both the execu- accordance with Public Law 104–8, Section ommended staff reductions. Personnel man- tive and legislative branches of the District 208(a)(2). This report contains the agement is seen as a major challenge and Government. In addition to detailed budget Authority’s recommendations for revisions key to the financial recovery effort. District analyses by the Authority staff and frequent to the District’s fiscal year 1996 transition personnel positions are financed by both ap- meetings with District staff, the Authority budget in accordance with Public Law 104–8, propriated and non-appropriated funds. The members held several extended sessions with Section 208(a)(3). District reports personnel data in a variety the Mayor and the Council. The Executive As stipulated in Public Law 104–8 Section of ways, including actual FTEs, approved Director met individually with most Council 208(a)(3), the Authority reviewed the Dis- FTEs, the number of personnel receiving Members. Although review of District gov- trict’s Fiscal Year 1996 transition budget to paychecks, and full-time on-board staff. An ernment documents and meetings with Dis- determine if it ‘‘promotes the financial sta- FTE is used to measure the number of equiv- trict officials formed the basis of our review, bility of the District government during the alent positions and takes into account how a vital ingredient was the views of individual fiscal year.’’ Section 201 of Public Law 104–8 many hours are actually being worked. For District citizens and organizations. Not only describes several standards to promote finan- example, two employees working half-time did the Authority hear oral statements from cial stability including: would be counted as one FTE. 2 more than 100 citizens at public meetings The District government shall make con- held on July 13, 1995 and August 12, 1995, but The Authority is making a series of FTE tinuous, substantial progress towards equal- recommendations to: (1) remove agencies hundreds of statements containing com- izing the expenditures and revenues of the ments and suggestions were received by from the District’s FTE base; (2) make ad- District government; justments for FTEs related to contracting mail. In addition, Authority members and The District government shall provide for staff have heard from many citizens at com- out; (3) reduce FTEs in agencies in the Gov- the orderly liquidation of the cumulative ernment Direction and Support and Public munity meetings. fund balance deficit of the District govern- The Authority is making a series of rec- Education appropriation titles; and (4) re- ment; ommendations for revisions to the District’s quest the Council to allocate another 704 The financial plan and budget shall assure Fiscal Year 1996 transition budget that was FTE reductions. The Authority targeted the continuing long-term financial stability enacted by the Council and transmitted to these reductions to administrative and mid- of the District government, as indicated by the Authority on August 1, 1995. These rec- level management positions, and not to factors including access to short-term and ommendations address a variety of topics, front-line workers who actually deliver the long-term capital markets, the efficient including management initiatives, the need services to District residents. For example, management of the District government’s for more and better information, and reduc- the Authority called for reductions in the workforce, and the effective provision of tions in FTEs. After adjusting for agencies District of Columbia Public Schools to be services by the District government. that should be removed from the FTE base, targeted to non-teaching positions (see page the Authority FTE recommendations call for In meeting these standards with respect to the financial plan and budget, the District 9 for definition of non-teaching positions) reductions of 5,239 FTEs from the original that do not directly serve students. In addi- fiscal year 1996 budget, which will result in government shall apply sound budgetary practices, including reducing costs and other tion, several citizens at public meetings cau- 2,164 fewer FTEs than were on-board in June tioned the Authority against eliminating the 1995. A complete discussion of the expenditures, improving productivity, in- creasing revenues, or combinations of such jobs of front-line workers, who provide di- Authority’s recommendations is included rect-services to the public. later in this report. practices. In addition to the Authority’s rec- RECOMMENDATIONS FOR REVISIONS TO THE DIS- The following recommendations result in a ommendations on the transition budget, this TRICT’S FISCAL YEAR 1996 TRANSITION BUDGET new FTE ceiling for the District of 35,771. report contains, a description of the two This section outlines the Authority’s spe- This FTE ceiling is to be reached by Septem- July 15 Authority recommendations that cific recommendations for revisions to the ber 30, 1996, the end of fiscal year 1996. The were satisfactorily adopted by the District in District’s Fiscal Year 1996 transition budget. Authority will ask the District to develop a the transition budget, and a summary of the There are three overall categories of rec- plan for reaching these FTE targets and projected fiscal year 1996 revenues and ex- ommendations: (1) adjustments and reduc- monitor progress toward executing this plan penditures taking into account these rec- tions in full-time equivalent personnel throughout fiscal year 1996. This plan needs ommendations. (FTEs), (2) recommendations on manage- to be developed quickly and should become a BACKGROUND ment initiatives, the financial plan, and integral part of the District’s financial plan. On May 8, 1995, the District of Columbia total expenditures, and (3) recommendations The net result of the FTE reductions are submitted a budget for fiscal year 1996 to the for more information. outlined in the following table:

Adjusted on Appropriation title Adjusted origi- Adjusted coun- board June Authority rec- Authority less Authority less Authority less on nal budget cil 1995 ommendation council original board

Government Direction ...... 1,868 1,625 1,672 1,465 (160) (403) (207) Economic Development ...... 1,996 1,800 1,779 1,800 0 (196) 21 Public Safety and Justice ...... 11,867 11,558 11,536 11,558 0 (309) 22 Public Education ...... 12,588 12,141 12,729 11,672 (469) (916) (1,057) Health and Human Services ...... 8,154 6,757 7,127 6,757 0 (1,397) (370) Public Works ...... 2,207 1,914 1,636 1,914 0 (293) 278 Enterprise ...... 2,330 1,309 1,456 1,309 0 (1,021) (147) FTE to be allocated ...... (704) (704) (704) (704) Total ...... 41,010 37,104 37,935 35,771 (1,333) (5,239) (2,164)

The specific FTE recommendations follow. ton Aqueduct, and D.C. General Hospital controlled by the District of Columbia gov- Recommendation 1A: Reduce the original were included in the original budget from ernment. budget base for FTEs (2,926) related to the which the Authority determined its 5,600 re- (2) The Public Defender Service and Wash- Department of Public and Assisted Housing, duction. The Authority recommends they ington Aqueduct employees are not District Public Defender Service, Washington Aque- not be counted in the FTE calculations for of Columbia employees. duct, and D.C. General Hospital. Adjust the the following reasons: 5,600 required reduction by the same propor- (3) The District has proposed putting the tion. (1) The Department of Public and Assisted District of Columbia General Hospital under The Department of Public and Assisted Housing is under the direction of a court-ap- the control of a Public Benefits Corporation. Housing, Public Defender Service, Washing- pointed receiver and is not presently directly If this is done, the employees should not be

1 ‘‘Financing the Nation’s Capital: The Report of 2 OMB circular A–11 defines FTE employment as divided by the number of compensable hours appli- the Commission on Budget and Financial Priorities the total number of regular hours, not including cable to each fiscal year (260 days or 2,080 hours in of the District of Columbia,’’ November 1990. overtime and holiday hours worked by employees, fiscal year 1995). H 11634 CONGRESSIONAL RECORD — HOUSE November 1, 1995 counted in the District’s FTE budget. Fur- stantial subsidy to the hospital whether it is Description FTE’s ther discussion of D.C. General Hospital is directly operated by the District or operated Authority revised reduction ...... (5,239) included under Recommendation 1B. by the Public Benefits Corporation. Holding Contracting out reductions ...... (1,519) These agencies comprised 2,926 FTEs out of down costs, including FTEs, will help to re- Credit for contracting out ...... 77 the total of 45,378 FTEs in the original fiscal duce this subsidy. year 1996 budget. When these agency FTEs The Authority believes the Hospital has are removed from the base the total remain- made progress to reduce staff to its current Authority recommended ing is 42,452 FTEs. The Authority originally FTE level of 1,580. The Authority rec- revised fiscal year 1996 recommended 5,600 reductions from the fiscal ommends that the hospital not exceed 1,580 ceiling ...... 35,771 year 1996 budget. The Authority recommends FTEs during fiscal year 1996. The Authority Recommendation 1D: The District should reducing this number in the same proportion members pointed out that this recommenda- reduce 160 FTEs from the Government Direc- as the removed agencies’ FTEs (2,926) or tion calls for no further reductions from the tion and Support of the Council’s revised fis- 6.45%. Thus, the 5,600 FTE reduction should June 1995 on-board strength, and emphasized cal year 1996 budget. be reduced by 6.45% for an adjusted total the importance of D.C. General to the safety As a part of the narrative that accom- FTE reduction of 5,239. The new reduction net for those District residents who are most panied the Authority’s July 15, 1995, rec- target is a figure that is comparable to the vulnerable. As noted in recommendation 1A, ommendation to reduce 5,600 FTEs from the original 5,600 reduction. the Authority is recommending removing Fiscal Year 1996 budget, the Authority noted 1,580 FTEs from the District’s FTE base. By that ‘‘the District should focus on overhead Description FTEs using this on-board strength rather than the positions and not exclusively on positions 1,760 FTEs in the budget, the Authority ac- Total original fiscal year 1996 budget ...... 45,378 that provide a direct service to the public.’’ Agencies eliminated from calculation: knowledges the reductions already achieved. Numerous citizens at the August 12, 1995, Public and Assisted Housing (other than local) ...... 913 ...... Recommendation 1C: Agency FTE budgets public hearing said that reductions in posi- Public Defender Service ...... 139 ...... are reduced by the total amount of the con- Aqueduct ...... 294 ...... tions that provide services to the public will 1 tracting out initiatives (1,519 FTEs); however D.C. General Hospital ...... 1,580 2,926 result in a decline in service. The Authority only five percent (77 FTEs) of the privatiza- is stressing that the recommended 160 reduc- Revised original fiscal year 1996 total ...... 42,452 tion initiatives should be counted toward the tions not occur in those types of positions. recommended 5,239 FTE reductions. Authority recommended reduction ...... 5,600 ...... The Government Direction and Support Proportion of eliminated agencies in original FTE budget The Council proposed a variety of con- (2,926/45,378=6.45%) ...... 361 ...... tracting out initiatives in several District function contains a variety of administrative and overhead positions. The Authority be- Authority recommended revised reduction ...... 5,239 ...... agencies and said these initiatives involved functions that totaled 1,519 FTEs. The Coun- lieves that 160 (10%) additional FTE reduc- 1 This represents the number of D.C. General employees on-board as of cil also counted all of the these FTEs toward tions should be made from these agencies. August 1995. The Authority used this number rather than the original fiscal year 1996 budget of 1,760 FTEs. The Authority did this to give the District the recommended FTE reductions. Contract- Recommendation 1E: The District should credit for the reductions already achieved at D.C. General. ing out city services can have substantial set the level of FTEs for the D.C. Public Schools at 10,167, which is the Mayor’s re- Recommendation 1B: Transfer D.C. Gen- benefits by reducing cost and increasing effi- vised budget adjusted for the Council’s con- eral Hospital to a Public Benefits Corpora- ciencies and these efforts are encouraged. tracting out initiatives. tion and continue to address the issue of re- During discussions with the Authority, structuring the manner in which health care District officials said they expected that the The Council’s revised budget for the Dis- is provided. As noted in recommendation 1A, efforts are encouraged. trict of Columbia Public Schools reduced 190 During discussions with the Authority, remove D.C. General from the District’s FTE FTEs from the original fiscal year 1996 budg- District officials said they expected that the calculations. D.C. General Hospital budget et, not including 892 positions through con- efforts would save at least five percent of the should reflect no more than 1,580 FTEs (the tracting out as was discussed in rec- District’s total cost of the providing these current on-board staff). ommendation 1B. The Mayor recommended The District of Columbia Hospital is a sig- services. The Authority therefore rec- 500 reductions from the original fiscal year nificant cost component of District expendi- ommends that five percent of the FTE’s in- 1996 budget. The Authority accepts the May- tures. Funding for the hospital’s operations volved in these contracting out proposals be or’s FTE reduction amount. The Council had comes largely from three sources: net pa- counted toward FTE reductions. All of the identified specific positions that should be tient service revenue, D.C. government ap- 1,519 FTEs are removed from the agency cut. The Authority believes that the specific propriations, and a series of loans from the budgets. The table below outlines the con- reductions should be determined by the Su- D.C. government. The table below outlines tracting out proposals and the savings as a perintendent, but that the reductions should D.C. General funding sources for the last sev- function of FTEs. be from administrative, non-teaching posi- eral years. tions. The Authority defined non-teaching positions as those that do not directly im- [In millions of dollars] Con- Amount Agency and program tracting counted pact students. Positions that directly affect D.C. ap- toward students include, but are not limited to, Patient D.C. other out FTE’s reduc- propri- teachers, counselors, librarians, and prin- Year revenue ated sub- subsidies Total tions (net) sidy ‘‘loans’’ cipals. Police: Medical services ...... 32 2 The Authority also supports contracting 1990 ...... 46.9 50.0 9.7 106.6 Corrections: Medical services, inmate food services, 1991 ...... 70.7 59.5 18.3 148.5 other ...... 352 18 out initiatives involving food services and 1992 ...... 79.2 69.0 12.9 161.1 Schools: Food services and security ...... 892 45 security. The table below summarizes the Human services: Health services, dental services, 1993 ...... 76.8 58.8 17.1 152.7 Public Schools recommended reductions. 1994 ...... 74.8 46.7 27.0 148.5 medical affairs ...... 201 10 1995 1 ...... 87.4 56.7 8.9 153.0 Public Works: Transportation Systems Administra- Description FTE’s 1 tion ...... 42 2 1996 ...... 58.3 56.7 0 115.0 Original fiscal year 1996 budget ... 11,559 1Note.—Fiscal years 1995 and 1996 are budgeted information. Total ...... 1,519 77 Cuts made by mayor ...... (500) The District has proposed to turn over con- The Authority is not encouraging con- Mayor’s revised budget ...... 11,059 trol of the Hospital to a Public Benefits Cor- tracting out for every service in all parts of Council recommended contract- poration (PBC) and to study the delivery of the District government, only in those in- ing out of food service and secu- health care to the citizens of the District. stances where savings and administrative or rity ...... (892) The Authority supports the District’s pro- management efficiencies could be achieved, Authority recommended FTE’s ... 10,167 posal. However, the Authority and the Dis- and the quality of services can be improved. The Authority also expressed interest in trict need much more information about the The Authority will monitor all contracts ne- the number of school buildings and noted new entity created, the impact of the shift gotiated for these services. on employee rights, and other factors. A The FTE adjustments to the base, the Au- that information provided by the Super- critical part of the proposal to turn over the thority recommended reductions discussed intendent indicated a substantial number of hospital to a Public Benefits Corporation is in Recommendation 1A, and the adjustments schools were significantly under capacity. the need to study the entire District of Co- for the contracting out initiatives rec- The Schools currently have a study under- lumbia health care delivery system. District ommended, result in a revised FTE ceiling way to assess school facilities for capital officials maintain that a PBC will allow the for District agencies of 35,771. This calcula- needs, as well as capacity. The Authority hospital to operate independently of District tion is shown in the following table. will review this study and other information procurement and personnel restrictions, to assist the school’s in determining the ex- Description FTE’s tent to which District schools can be consoli- which in their opinion have hampered its ef- Total original fiscal year 1996 dated. ficiency. The decision to turn over control of budget ...... 45,378 the hospital to the PBC was also supported Agencies eliminated from cal- Recommendation 1F: The District should by the Mayor’s Blue Ribbon Panel on Health culation...... (2,926) set the level of FTEs for the University of Care Reform Implementation. The Authority the District of Columbia (UDC) at 1,079 points out that even with these changes, the Revised original fiscal FTEs, which is the Mayor’s budget less 48 District is expected to continue to pay a sub- year 1996 total ...... 42,452 FTEs. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11635 The Council recommended that UDC re- should occur. There was some concern ex- condition makes it uncertain whether such a duce 188 FTEs from the original fiscal year pressed as to whether this reduction goal restructuring is achievable. If these savings 1996 budget to 1,238 FTEs. The Mayor rec- was achievable. The Authority believes that are achieved, they should be used to reduce ommended that UDC reduce 299 FTEs to 1,127 any reductions need to be identified at least the District’s accumulated deficit or held in FTEs. The District said that, as of June 1995, at the appropriation level. Therefore, the contingencies. The use of any such contin- UDC had 1,079 FTEs on-board. District offi- Authority recommends that the District pro- gency should be approved by the Authority. cials informed the Authority that the May- vide information to the Authority that allo- The District anticipates that it will save or’s recommendation of 1,127 was calculated cates at least 704 additional FTE reductions. $16 million in fiscal year 1996 through re- by adding the on-board UDC strength to the These reductions should be focussed on man- structuring, privatization initiatives, and 48 positions transferred from the Law agement positions and not front-line em- procurement reform. The projected target School. The closing of the District of Colum- ployees who provide services to the public. involves agencies and functions across the bia Law School has been discussed for years. These FTE reductions should also not take government. However, the description of the The Rivlin Commission recommended clos- place in the Metropolitan Police Department actions to be taken generally describes the ing the Law School in its November 1990 re- or the Department of Public Works. This in- program and its scope, but does not provide port. The Authority members are uncertain formation should be supplied to the Author- specific plans with steps to be taken to im- regarding the need for a District government ity before congressional mark-up of the Dis- plement the actions and milestones for ac- supported law school. However, the Author- trict’s fiscal year 1996 budget, which is ex- complishing the steps. ity believes that the Law School’s future pected to begin in early September 1995. If The budget includes cost reductions of should be determined as a part of a broader the Authority does not receive the informa- $500,000 to be achieved by eliminating sti- assessment of all offerings at UDC, both un- tion before the mark-up, the Authority will pends for all board and commission members dergraduate and graduate. The Authority allocate the 704 reductions. except those who are full-time and certain recommends accepting the Mayor’s revised Recommendation 1J: Section 601 of the En- select boards and commissions. The budget budget, but reducing it by an addition 48 rolled Original Legislation that prevents does not specify which boards’ and commis- FTEs. backfilling of FTE positions resulting from sions’ members will not be paid. Recommendation 1G: The District should any incentive program should be modified. The Authority instructs the Executive Di- The Council enacted legislation that pro- transfer to the Inspector General auditor rector to work with the District to develop hibits the backfilling of any vacant position FTEs currently allocated in other agencies. specific plans and milestones for manage- resulting from the exercise of an early-out Public Law 104–8 redefined an Inspector ment actions intended to reduce costs. Fur- retirement, easy-out retirement, or vol- General for the District of Columbia who was ther, the Authority directs the Authority untary severance incentive program. The given more powers and independence to re- staff to monitor District initiatives to assure Mayor had proposed to create a pool of 300 view District programs for fraud, waste, and that progress is made in implementing the FTEs to be used to backfill certain positions abuse and other purposes. Since fiscal year initiatives. that were critical or resulted from restruc- 1994, the District has reduced staff in the Recommendation 3: The authority’s Execu- turing and reengineering of District func- current Inspector General’s staff by more tive Director will work with the City Admin- tions. The Mayor noted that he needed the than half and proposed additional reductions istrator’s staff and contractors hired by the flexibility of such a pool especially in light in Fiscal Year 1996. The Authority believes city to develop the financial plan and budget of the proposed Council legislation. The Au- the Inspector General will need a substantial in accordance with the Authority’s guidance thority had noted that the backfilling of po- increase in resources. One of the Authority’s that is under development. July 15 recommendations included a request sitions should generally be discouraged; how- ever the Authority does not believe that the The City Administrator’s office identified for information on the number of auditors in ‘‘an increase of $2 million to provide re- all District agencies. (See Appendix 1 Rec- complete elimination of such backfilling is wise due to the possibility that positions sources to assist the government in respond- ommendation 12.) The District in its re- ing to the Financial Control Board’s direc- sponse identified 18 auditor positions: Police critical to providing services to residents may go unfilled. The Authority recommends tives.’’ More specifically, according to Dis- (8 FTE’s), Board of Education (3 FTE’s), D.C. trict officials these funds are expected to be General (1 FTE), and Department of Public elimination of section 601 and believes that the backfilling of any position should follow used to contract with public finance special- Works (6 FTE’s). These positions should be ists to develop the following: transferred to the Inspector General’s Office. the procedure outlined in Section 602 of the —an improved budget process and proce- The District also needs to continue the proc- Enrolled Original legislation. This provision dures, ess of identifying all auditor positions in its allows the City Administrator to certify that —the financial plan and budget for fiscal agencies, and these additional positions the position is critical before it can be year 1996, should also be transferred to the Inspector backfilled. The backfilling of positions General’s office. The Authority notes that should be within the FTE limit set in the ap- —improved cash flow forecasting models, this will result in no net change in FTEs Dis- propriation title line item. —performance measurement models and trict-wide. RECOMMENDATIONS ON MANAGEMENT INITIA- tracking system, and In transferring the auditor positions to the TIVES, THE FINANCIAL PLAN, AND TOTAL EX- —re-engineering the procurement process. Inspector General, the IG needs to assess the PENDITURES The contract related to the first three background and qualifications of each indi- Recommendation 2: Eliminate $70 million items should be transferred to the new Chief vidual currently filling the positions to de- in reductions from the budget for debt re- Financial Officer (CFO) when appointed and termine if the person has the appropriate structuring. Also, make sure that cost sav- the performance measurement contract qualifications and background for the job. ings from government reengineering, alter- should be a joint contract in which both the Centralizing the auditors under the Inspec- native service delivery, and recisions of City Administrator and CFO participate. tor General will provide the new Inspector board and commission members stipends are Guidance for the financial plan and budget General an increased staff and the flexibility achieved. are currently being developed by the Author- to focus the resources on the priority issues The Authority initially recommended to ity staff and includes the concepts originally requiring audit within the District govern- the Council that plans and milestones for recommended by the Authority on July 15 ment. This initial centralizing of all auditor achieving $70 million of management initia- (See Appendix 1) as well as the recommenda- positions under the Inspector General should tives be provided to document the actions tions included in this report. The overall ob- not be viewed as a limitation on the new In- and time frames for implementing actions to jective is to develop a comprehensive, realis- spector General to organize the audit func- reduce costs and save funds. See Appendix 1 tic financial plan that is actually a manage- tion as deemed necessary and appropriate to Recommendation 2. The revised fiscal year ment plan with financial effects. Accord- most efficiently utilize those resources. 1996 budget from the Council includes $70 ingly, the plan needs to include not only the Recommendation 1H: The District should million in savings attributable to debt re- general operations, but also needs to incor- allocate the reduction of an additional 704 structuring, $16 million in cost savings from porate the capital plan and plans for the en- FTEs before the congressional mark-up of government reengineering and alternative terprise funds and the new public benefits the District’s fiscal year 1996 budget. The service delivery, and $500,000 in cost reduc- corporation. Authority will make these allocations if this tions from board and commission recisions. Recommendation 4: Based on the current information is not provided timely. The District indicates that it will pursue a information, the total expenditures for fiscal Implementation of recommendations 1A debt restructuring in fiscal year 1996 to year 1996 should be $5.016 billion. through 1G will result in 4,535 reductions in achieve a projected debt service reduction of The District’s gross budget estimate for FTEs from the adjusted fiscal year 1996 budg- $70 million. The Mayor has submitted legis- fiscal year 1996 includes all funds and reve- et, 704 short of the revised target of 5,239 lation to the Council which would amend the nue sources as recommended by the Author- FTEs. The Council proposed that 1,000 addi- General Obligation Bond Act of 1994 to au- ity on July 15 (see Appendix 1 Recommenda- tional reductions could be achieved by offer- thorize a negotiated sale of certain general tion 5). The adjustments to the Council’s ing an extension of retirement and voluntary obligation bonds issued by the District. How- proposed budget are for additional personnel separation incentive programs through ever, specific plans and milestones to accom- reductions and debt restructuring. Appendix March 1996. The Council did not allocate plish the restructuring are still being dis- 1 provides a summary of the District’s budg- where the net result of these reductions cussed. In addition, the District’s financial et with the Authority’s adjustments. H 11636 CONGRESSIONAL RECORD — HOUSE November 1, 1995 The personnel savings of $39.5 million were The Authority directs its staff to work these borrowings will result in decreased fu- estimated based on $32,000 for a vacant posi- with the District administration and the ture revenues available for future borrow- tion and $16,000 for a filled position. Addi- City Council to outline and/or develop the ings; tional adjustments may be necessary related types of information needed to define reve- —how the District will address the cash to the following: nue and expenditure assumptions for future flow shortage, including how this shortfall —additional information is provided con- budget estimates. Developing budgets based will impact long- and short-term debt; and cerning the extent to which intra-District on revenue and expenditure assumptions will —the effect of any planned refinancing on funds are double counted in the budget esti- not only provide a better basis for making debts, including impact on the cash forecasts mates; budget related decisions, but also will facili- and the budget. —the personnel savings do not include any tate the development of performance meas- The Authority staff has asked for this in- savings that may be realized from federal ures and will provide a basis to monitor formation, but the District does not have grants and intra-District FTE’s; and budget execution throughout each year. this type of data readily available. This type —management initiatives are implemented Recommendation 5B: Develop a capital of data is essential for any borrowings to and savings result. plan that identifies total capital needs. The Authority is even more concerned occur and more importantly for the Dis- The District agrees with this recommenda- about delivery of services by the District. trict’s internal management of its cash and tion as proposed in Appendix 1 Recommenda- Many of the issues and concerns presented debt. The Authority instructs the Executive tion 7. However, they acknowledge that a by groups and individuals during the public Director to work with the District in devel- current assessment of the total capital needs meeting addressed specific service problems oping and refining the debt information for does not exist and plan to enter into a pro- within the District. These concerns and the budgets. fessional services contract ($1.5–2 million) to problems are related to the fiscal crisis, but Recommendation 5D: Develop information also are caused by archaic procedures, lack provide the technical expertise to document and produce a comprehensive capital needs on the costs associated with court orders. of equipment because repairs are needed, and A substantial portion of the District’s op- insufficient nonpersonal services funds to assessment that complements a government operations master plan for the District gov- erations are subject to court orders and con- purchase parts and supplies. The Authority sent decrees. In effect, these judicial man- believes that implementation of the perform- ernment. For Fiscal Year 1996, the District plans over $369 million in capital spending in dates are establishing policies and directing ance measurement recommendation dis- significant segments of the District’s oper- cussed later in this report will help address the following appropriation title areas: Fiscal year 1996 planned gross capital spending ations and programs. Considering the scope this concern. of these orders and decrees, the District and The Authority instructs the Executive Di- Appropriation title Millions the Authority need to establish an effective rector to work with the District to (1) ana- Government Direction ...... $24,954 working relationship with the courts to help lyze the intra-District funds to identify any Economic ...... 24,250 the District move programs out from judicial double counting in the budget estimates and Public Safety ...... 18,854 control and avoid future court orders and (2) identify any savings that may be realized Public Education ...... 22,519 consent decrees. Accordingly, the District from FTE reductions in federal grants and Health and Human Services ...... 11,730 should assess its current programs and oper- intra-District budget estimates. Before Public Works ...... 195,857 ations under court orders and consent de- mark-up of the appropriation, the total Financing and other uses/enter- crees to determine the levels of compliance budget of the District recommended by the prise funds ...... 71,334 and relate the compliance with the available Authority will be adjusted for the results of resources. The District should also identify this review. Total ...... 369,398 costs that it is incurring that would not be INFORMATION RECOMMENDATIONS A task force has been formed to define the incurred in the absence of the court order. The Authority made a number of rec- scope of work for the contract; select the This information could provide a basis for ommendations requesting information that contractor and coordinate their work; de- discussions with the appropriate court offi- should be included with the budget. The Dis- velop prioritization standards; and, ulti- cials in resolving what can be realistically trict provided a substantial amount of infor- mately, recommend the restructuring of the accomplished in light of the current finan- mation in response to these recommenda- capital program. The task force expects to cial crisis. The District should also assess tions, but much more is needed. The Author- develop the Request for Proposal and select the vulnerability of all other District pro- ity expects that much of this information a contractor by October 1995. The initial grams and operations to obviate the need for should be developed over the next several needs assessment stage of this process is future action by the courts. planned for completion to be included in the months. Although much of this information The District provided information on the Financial Plan to be submitted on February appears to be fundamental data that should various court orders its operations are sub- 1, 1996. During the first phase of the con- be readily available, it is not necessarily ject to, but the information could be im- tract, an assessment will be developed that easy to compile the data and is even more proved by distinguishing between the costs details the condition of all of the District’s difficult to analyze and present the data in a of the programs that would be incurred if the infrastructure. In this assessment the con- meaningful format for higher level managers programs were not subject to a court order tractor will categorize the needs and detail to utilize. This information will not only as- and the additional costs that are attrib- the condition within each category. Phase sist the Authority as it reviews the budget utable to the court orders. Refer to the two of the contract will have the contractor and financial plan, but more importantly Authority’s July 15 recommendation 9 (see assist in developing the plan including iden- will assist District managers as they develop Appendix 1). For example, the entire budget tification of funding alternatives. multi-year budgets and plans and implement for several agencies is included as a cost of The Authority instructs the Executive Di- programs. Essential to developing and main- the court order, which does not recognize the rector to monitor and coordinate with the taining this information is the hiring of the fact that the agency would have operated at task force and contractor during the devel- CFO. The Authority will continue working some level without the court order. The Au- opment of the capital plan. with the Mayor in the search for a new CFO thority instructs the Executive Director to Recommendation 5C: Develop a schedule and a new Inspector General. work with the District to develop and report Recommendation 5A: Detail all major rev- that links the District’s current financing more meaningful information on the court enue and expenditure assumptions and in- obligations with its long term financial plan. orders’ costs. clude them in the budget documents. The District agreed with the recommenda- The District’s budget is generally devel- tion to include in the budget estimates of Recommendation 5F: Include cash flow es- oped based upon the amounts estimated in short- and long-term debt as proposed on timates for all funds. the previous year’s budget rather than con- July 15 as Recommendation 8 (see Appendix The District agreed that cash flow esti- structed from budget assumptions. The budg- 1). Further refining the original rec- mates for all funds should be developed as et is not constructed from an identified or ommendation, a schedule needs to be devel- proposed by the Authority in Appendix 1 defined program need, such as the number of oped that links the District’s current financ- Recommendation 10 and stated that a con- Medicaid patients receiving inpatient care ing obligations with its long term financial solidated cash flow statement and a cash multiplied by the average cost for that type plan. The amounts from expected borrowings statement for all debt service escrow ac- of care. For the most part, the budget esti- should also be linked to the capital plan so counts will be prepared once a final budget mates are developed as a percentage increase that priorities of financing are evident from for fiscal year 1996 is adopted. Cash flow or decrease from the previous year’s budget the financial plan. Other areas that should statements for enterprise funds will be devel- estimates, which was estimated in a similar be considered in this schedule include: oped after decisions related to staffing re- manner. Using a percentage basis to adjust —the impact on the revenue assumptions ductions are made in response to Authority budgets from one year to the next is not an of segregating revenue streams for borrow- recommendations. Finally, a cash flow state- uncommon practice. However, the adjusted ings related to the sports arena and the con- ment for the capital account will be based on amounts should still be assessed by those vention center. In addition, the current let- the approved capital plan for fiscal year 1996 knowledgeable about the programs and oper- ter of credit affects the use of property taxes and borrowing assumptions related to mar- ations to determine the effect on the pro- by requiring escrows sooner than those uti- ket access or U.S. Treasury access. gram or service delivery or efficiencies lized for the general obligation bonds; The Authority instructs the Executive Di- which have to be achieved to meet the budg- —the District’s outstanding short-term rector to monitor development of the various et. Treasury borrowings and the repayment of cash flow statements. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11637 Recommendation 5F: Include information ing a new financial management system. may not be finalized until a later date. The on all active grants and develop a list of Both the current interim Chief Financial Of- CFO could also delegate to the agency con- grants that the District has not yet applied ficer (CFO) and previous Ceo have rec- trollers the authority to certify and approve for but for which it may be eligible. Identify ommended major financial management im- payment of all bills, invoices, payrolls and the grant funding that is at risk because of provements, including better procedures and other disbursements. This certification and staff reductions. improved training, and specifically discussed approval would also include a determination The District provided a list of grants and developing and implementing a new financial of the legality and correctness of the pay- the expenditures for each grant for the first management system. The U.S. General Ac- ments. The Authority also plans to monitor three quarters of fiscal year 1995. However, counting Office reported on June 21, 1995 4 the District’s spending throughout the fiscal it’s not clear how this information relates to that: The District’s financial information year and will closely review the contracts the fiscal year 1996 budget as proposed on and internal controls are poor. The District subject to Authority approval against the July 15 in Recommendation 11 (see Appendix does not know the status of expenditures transition budget initially and the fiscal 1). The Authority instructs the Executive Di- against budgeted amounts, does not know year 1996 budget and financial plan when it rector to work with the District to develop how many bills it owes, is allowing millions has been developed. The Authority will also the reporting of the grant information re- of dollars of obligations to occur without re- review the financial impact of the Council’s quested. quired written contracts, and does not know legislation in context with the budgets and The District’s budget overview states that its cash status on a daily basis. Millions of financial plans. ‘‘the District may lose grant funding because dollars of bills are not entered into the Fi- Further, the CFO should develop guidelines of the staff reductions.’’ However, the budget nancial Management System until months related to administrative discipline and/or does not identify the grants where funding and sometimes years after they are paid. penalties for violations and fund limitations. may be ‘‘lost’’. The Authority instructs the The District’s financial management sys- The Inspector General should be responsible Executive Director to coordinate with the tem consists of a 15-year old central system for investigating any such violations and re- District in the development of the informa- and at least 17 separate program systems. porting on the violations to the CFO who tion related to the loss of grant funding due These separate program systems are not in- would then recommend the appropriate dis- to staff reductions. tegrated with the central system. As a re- cipline/penalty to the Mayor for imposition. Grant funding is an important source of fi- sult, District Controller officials must input The reports, including a description of the nancing the needs of District residents, par- to the central system thousands of general resulting discipline/penalty, should also be ticularly in times of budget crisis. It is not journal entries that were originally entered forwarded to the congressional authorization acceptable to have these valued resources into the individual systems. For example, at and appropriation committees. unavailable because the District lacks the Department of Human Services, benefit The District needs to immediately pur- matching funds or has not applied for the payments made under programs such as Med- chase and implement a financial manage- grants. Furthermore, the District also needs icaid, Aid to Families with Dependent Chil- ment system. But more importantly, Dis- to assure compliance with all the require- dren, General Public Assistance, and Foster trict managers cannot effectively manage ments defined for the grants, particularly Care are computed by the program’s own programs without drastically improved real- the audit requirements on grant settlements, unique systems, which are not integrated time financial information. This system to maximize cost reimbursement. with the city’s Financial Management Sys- needs to consider the needs of all users and The Authority heard from several sources tem. The benefit payment amounts for these appropriate interface with other information that the District has not applied for all the programs and the associated obligations are systems. The District should consult with grants for which it may be eligible and citi- then manually recorded in the Financial other jurisdictions that have implemented zens questioned how the District was using Management System by the D.C. Controller’s new financial management systems. In order federal grant money for AIDS treatment and Office after the payments are made. This re- to reduce cost and shorten the time needed awareness. The District needs to identify all sults in processing delays and a lack of time- to implement a system, off-the-shelf systems the grants for which its programs and oper- ly and accurate information to manage budg- should be considered. The District should im- ations may be eligible and attempt to obtain et execution and cash flow. mediately make funds available for this sys- funding from the appropriate entities for The District’s financial management sys- tem, which should be implemented no later such grants. tem is not an effective tool to monitor or than the end of fiscal year 1996. JULY 15 RECOMMENDATIONS ADOPTED BY THE manage activities on the agency level. The The District agreed with this recommenda- DISTRICT FOR THE FISCAL YEAR 1996 TRANSI- District’s current financial management sys- tion and provided $28 million, an increase of TION BUDGET tem and operations do not establish agency $21 million from the original fiscal year 1996 managers as accountable for the resources at budget, to replace the existing financial The District provided responses to parts of their disposal, particularly the funds avail- management system with technology that all twelve recommendations that the Au- able to pay for the costs of their operations. will address its current financial and infor- thority made on July 15, 1995. These rec- The new financial management system mational management needs. System devel- ommendations are included as Appendix 1. should incorporate a fund control system opment and implementation will occur in Two of the twelve recommendations that the with regulatory controls that fixes respon- the following phases: Authority made on July 15, 1995 on the origi- sibility with agency officials to ensure that During Phase 1 (fourth quarter of fiscal nal fiscal year 1996 budget were incorporated the agency stays within authorized funding year 1995), the District will develop and pre- in the District’s fiscal year 1996 transition limits. Agency managers would then know pare a Request for Proposal to contract for budget. These were recommendations to de- the resources available to them to operate identification of the processes that need to velop an improved financial management their programs and would be responsible for be automated and interfaces with other ex- system and a recommendation to develop operating within those funding constraints. isting District systems. pilot performance management projects in The Congress should continue to appro- Phase 2 (first and second quarters of fiscal the Department of Public Works, the Office priate the District’s funds at the appropria- year 1996) will assess the existing financial of Personnel, and the Office of Administra- tion title level. The Authority would then management system environment, including tive Services. These recommendations and have some flexibility to reprogram funds if the purpose and functions, staff, process and District responses are discussed below. necessary within the appropriations. The Au- procedures, and technology as well as further Develop an improved financial management sys- thority instructs the Executive Director to refinement of the technology needs and pro- tem assist the Congress throughout the appro- curement of the needs. The Authority recommended that the Dis- priations mark up process. Phase 3 (third and fourth quarters of fiscal trict should immediately develop and imple- The CFO would be responsible for monitor- year 1996) will involve procurement of the ment an improved financial management in- ing agency use of funds and the CFO staff necessary hardware and installation of the formation system. Such a system should in- within each agency (the agency controllers software for the new system. During this clude not only equipment and software im- and controller staff) would serve as the agen- phase, processes will be redesigned and staff provements, but also improved financial con- cy’s source of data on the status of funds. qualifications and the organizational struc- trols, procedures, and training of financial Agency officials should be required to con- ture will be addressed. management employees. sult with the agency controller as to the Phase 4 (fourth quarter of fiscal year 1996 Numerous internal and external studies availability of funds to cover any proposed and first quarter of fiscal year 1997) will be and audits over a number of years have high- obligations before entering into the obliga- data conversion, system testing, and train- lighted problems with various aspects of the tion. The agency controller would be respon- ing. District’s financial information system. The sible for keeping the fund control system Phase 5 (first quarter of fiscal year 1997) Rivlin Commission Report 3 in November 1990 current concerning the availability of funds will be full on-line implementation. recommended a comprehensive financial and reserving funds to ensure their contin- The Executive Director will work with the management improvement program, includ- ued availability even though the obligation District and its contractors in monitoring the development and implementation of the 3 Financing the Nation’s Capital: The Report of the 4 District of Columbia: Improved Financial Infor- new financial management system and relat- Commission on Budget and Financial Priorities of mation and Controls Are Essential to Address the ed procedures with the goal of an earlier im- the District of Columbia, November 1990. Financial Crisis, GAO/T–AIMD–95–176, June 21, 1995. plementation, if possible. H 11638 CONGRESSIONAL RECORD — HOUSE November 1, 1995 Implement pilot performance management puts and outputs. These entities have found management program; at the Office of Per- projects that aligning departments and employees sonnel, an effort to re-engineer the District’s The District agreed with the Authority’s around results can yield such benefits as: im- entire personnel system, including the recommendation to implement pilot per- proved service to citizens, improved produc- planned identification of legislative changes formance management/results-oriented pro- tivity and elimination of extraneous pro- needed to the Comprehensive Merit Person- grams in the Department of Public Works, grams, and better information for making nel Act of 1978; and at the Department of Ad- the Department of Administrative Services, budget and program decisions. ministrative Services, the development of and the Office of Personnel. These pilots A key first step in implementing these pi- the Excellence in Procurement Task Force. should incorporate business process re-engi- lots is developing information on: (1) specific The Authority will work with the District neering and quality management principles. programs and their cost, (2) all outputs for on these and other projects and identify indi- The District of Columbia is not only facing the selected programs, (3) the impact (out- viduals or organizations that can assist in a financial crisis, it is facing a performance comes expected) and methodology for the development of the pilots. The Authority delivery crisis. All citizens of the District achievement, (4) all constituents impacted members have noted that many private and want quality services. The Authority has al- and how their satisfaction will be measured, public organizations in the Washington Met- ready received numerous comments about (5) benchmarks for programs using other ju- ropolitan area have expertise in results-ori- the poor quality of service provided by Dis- risdictions’ experiences and results, and (6) ented management and they may be willing trict agencies. For example, a constant com- spending and performance targets to hold to assist the District. ment is that citizens simply want their trash managers accountable. Training programs to SUMMARY OF REVISED FISCAL YEAR 1996 picked up. These citizens want and deserve bring worker skills in line with those needed PROJECTED REVENUES AND EXPENDITURES an effective and efficient District Govern- for the new processes should be an integral ment. The district has many qualified em- part of the implementation plan. The District’s fiscal year 1996 estimates for ployees who are working hard every day to A critical part of this process includes in- revenues are $4.979 billion. These estimates deliver services to District residents. How- volving the workers, who are carrying out are consistent with prior years’ actual reve- ever, many of the processes for carrying out these tasks every day, in the development of nues. Based on the Authority’s recommended these programs are ineffective and service innovative solutions. Many of the best ideas revisions to the transition budget, the Dis- delivery suffers no matter how hard employ- for improving the process come from the trict’s expenditures are estimated to total ees work. people who do the job. We want to openly so- $5.016 billion. Thus the results of operations Other jurisdictions have implemented ef- licit any and all ideas relating to District op- is projected to show a deficit of $37 million. fective results-oriented customer service ap- erations and suggestions to improve delivery These estimates are based on the City proaches to many of their functions. Of par- of services. Council’s budget is adjusted for Authority ticular note are the states of Florida, Min- The District responded that several initia- recommendations. Additional analysis will nesota, North Carolina, Oregon, Texas, and tives are already underway in the three need to be performed as the District develops Virginia, and the cities of Sunnyvale, Cali- agencies that incorporate business process assumptions for its expenditures. In addi- fornia and Portland, Oregon. Last December reengineering and quality management con- tion, data is needed from the District regard- the U.S. General Accounting Office issued a cepts. The transition budget includes an ad- ing the intra-District operations. These esti- report on the experiences of these states.5 ditional $2 million to split among the three mates may also require adjustment based The experiences of these jurisdictions could agencies to implement these initiatives. The upon the District’s success with its manage- help the District develop its pilot programs. initiatives underway include: at the Depart- ment initiatives and debt restructuring. The approach used by these entities focuses ment of Public Works, household trash col- The table on the next page summarizes the on program outcomes as opposed to only in- lection, the recycling program, and a fleet fiscal year 1996 expenditures for the District. [In thousands of dollars]

Original adjusted Authority less Authority less Appropriation title budget Adjusted council Authority council original

Revenue: Taxes ...... 2,449,855 2,449,855 2,449,855 0 0 Other local sources ...... 271,992 271,992 271,992 0 0 Federal payment ...... 660,000 660,000 660,000 0 0 Grants ...... 851,532 851,532 851,532 0 0 Enterprise ...... 505,113 505,113 505,113 0 0 Intra District and private ...... 240,068 240,068 240,068 0 0 Total revenue ...... 4,978,560 4,978,560 4,978,560 0 0

Expenditures: Governament direction ...... 124,122 150,721 149,793 (928) 25,671 Economic ...... 144,149 142,661 141,013 (1,648) (3,136) Public safety ...... 958,955 952,971 954,331 1,360 (4,624) Public education ...... 802,951 799,367 789,015 (10,352) (13,936) Health and human services ...... 1,872,614 1,859,622 1,850,422 (9,200) (22,192) Public works ...... 297,315 297,534 297,326 (208) (11) Enterprise ...... 505,123 508,623 501,338 (7,305) (3,785) To be allocated ...... 0 0 (11,248) (11,248) (11,248) Net effect of FTE changes ...... 4,705,229 4,711,519 4,671,990 (39,529) (33,239) Financing and other uses ...... 280,654 273,717 343,717 70,000 63,063 Total expenditures ...... 4,985,883 4,985,236 5,015,707 30,471 29,824

Deficit ...... (7,323) (6,676) (37,147) ......

OFFICE OF MANAGEMENT AND BUDGET, would require the District to take in FY 1996 ment of the Authority on the District’s Washington, DC, October 30, 1995. from the level estimated by the Financial budget, a responsibility that the Congress STATEMENT OF ADMINISTRATION POLICY Responsibility and Management Assistance gave to the Authority in April. Authority (the Authority) based on delibera- The Administration strongly opposes the (This statement has been coordinated by tions with the Mayor and District Council in abortion language of the bill, which would OMB with the concerned agencies.) September. A reduction of this magnitude alter current law by prohibiting the use of H.R. 2546—DISTRICT OF COLUMBIA would most likely result in substantial both Federal and District funds to pay for APPROPRIATIONS BILL, FY 1996 interruptions in program operations and abortions except in those cases where the life (Sponsors: Livingston (R), Louisiana; service delivery. The Authority was estab- of the mother is endangered or in situations Walsh (R), New York) lished in April to assist the District in bal- of rape or incest. The Administration objects This Statement of Administration Policy ancing its budget and improving its manage- to the prohibition on the use of local funds provides the Administration’s views on H.R. ment structure over time. Working with the as an unwarranted intrusion into the affairs 2546, the District of Columbia Appropriations District, the Authority is committed to of the District. In addition, the Committee Bill, FY 1996, as reported by the House Ap- bringing the District’s budget into balance, bill would prohibit any abortions from being propriations Committee. but within a reasonable timeframe of two to performed by ‘‘any facility owned or oper- The Administration strongly objects to the three years. It would be inappropriate for ated’’ by the District, except in cases where $256 million reduction that the Committee Congress to override the considered judg- the life of the mother is endangered ‘‘or in

5 Managing for Results: State Experiences Provide Insights for Federal Management Reforms (GAO/ GGD–95–22, December 21, 1994). November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11639 cases of forcible rape reported within 30 days I want to congratulate and thank the headed by none other than the current to a law enforcement agency, or cases of in- gentleman from California [Mr. DIXON], director of the Office of Management cest reported to a law enforcement agency or the ranking minority Member, for his and Budget, Alice Rivlin. child abuse agency prior to the performance cooperation, as well as thanking the of the abortion.’’ The Administration objects The Rivlin Commission report goes to this provision because it would prevent gentlewoman from the District of Co- on to say that ‘‘The high cost of the women who need legal abortion services lumbia [Ms. NORTON]. They may not District’s government is the logical from exercising that choice at a hospital or support the bill at this point, we regret outcome of a long series of events and clinic owned or operated by the District, that fact, but at least they worked well decisions. Although steps have been even if they were using their own funds. Fur- with us to get us to this point, and we taken to reverse the process, they thermore, the Administration objects to the appreciate their cooperation. haven’t been enough.’’ That is Alice language that purports to require women Mr. Chairman, I will disagree though Rivlin. who are victims of rape to prove that the with what has just been said, because crime was ‘‘forcible’’ and the language add- In this bill we have honored the Con- this is a fiscally responsible bill. It is trol Board’s request for a $28 million ing reporting requirements both for rape and well within the targets set by the budg- for children who are victims of incest. new financial management system, et resolution passed in this House only These provisions are all designed to pre- with $2 million immediately available a few days ago, and in fact it cuts $84 clude or discourage women who need legal for a needs analysis and investment as- million from the District’s budget abortions from obtaining them. For all of sessment report. We believe the initia- under what was appropriated last year. the reasons cited above, if the bill were pre- tive will help the D.C. Government get sented to the President as reported by the We have heard a lot of talk about the its finances back on track. Committee, the President’s senior advisers fact that we are $256 million below would recommend that he veto the bill. what the control board wants. Sure, The District needs to understand Additionally, the Administration has con- that is their wish-list. If everything that the American people are serious cerns regarding the request that the Author- were the same, they would have asked about the need for structural reforms ity review 28 amendments, some of which of the District’s finances. We have in- were originally introduced in the Commit- for $256 million more than this bill ap- propriates. Actually, this bill still ap- vested the Control Board with tremen- tee’s first mark-up on September 19, 1995. dous power. We have given them First, the amendments infringe on Home propriates $84 million less than what Rule and represent congressional was appropriated last year. That is enough money to manage and to begin micromanagement of the District govern- pretty close to even, when you are the fiscal reforms that we seek from ment. Many of the proposed amendments in- talking about a $5 billion bill. There is every agency and every government volve issues that the Mayor and the City really very little difference. program that receives taxpayer dollars. Council should work together to resolve or Under the provision of this bill, no Mr. Chairman, this is a good bill. It study, such as the effect of the Displaced Federal or local funds can be used for complies with the demands by the Workers Protection Act on the District gov- the city-approved Domestic Partners Rivlin Commission, it complies with ernment or the economic impact of rent con- the promises by the city administra- trol and the feasibility of decontrolling Program. This language is identical to units. The Authority was specifically man- current law. It existed last year. This tion when they took office, and I urge dated to assist in District budgetary and bill is designed to send a strong mes- our Members to vote for this bill. The management reform. The Authority’s role sage that the mismanagement, the ac- next bill will only be worse. should not involve the review of policy issues knowledged mismanagement of Dis- Mr. DIXON. Mr. Chairman, I yield 9 unrelated to improving the District’s finan- trict finances, cannot and will not be minutes to the gentlewoman from the cial condition. tolerated. District of Columbia [Ms. NORTON]. The Administration supports the Commit- But its mission is not to leave the tee’s action to approve $28 million for a new Ms. NORTON. Mr. Chairman, I thank city in dire straits. Five billion dollars the gentleman for yielding me this financial management system for the Dis- is not ‘‘in dire straits,’’ as some D.C. trict of Columbia. The District should imme- time. officials have suggested. The fact of diately develop and implement an improved Mr. Chairman, I recognize for most the matter is, there are only 570,000 financial management information system. Members, this is just another bill. But residents in the District of Columbia. The District’s current financial information I ask Members to recognize that for The amount we provided averages out and internal controls are weak, making it me, this is my life and my city, and difficult for city officials and managers to to $9,000 per resident. That is a higher your Capital City. track expenditures and to know how much is per capita investment than almost any owed. other city. In fact, probably any other Mr. Chairman, the bill puts me in the Mr. Chairman, I reserve the balance city that I know of, but certainly most worst of positions. The Mayor cannot of my time. other cities in America. It is a consid- support a bill that would wreck the city. My city council, which has gath- b 1600 erable investment. Still we see that the services are not adequate and that ered courage, now finds it did not do Mr. WALSH. Mr. Chairman, I yield there has been mismanagement and any good. The Congress has second- 41⁄2 minutes to the distinguished gen- waste and inefficiency. guessed it. And I do not know what I tleman from Louisiana [Mr. LIVING- So it seems to me we are not being am going to recommend as Members STON], the chairman of the Committee overly restrictive. In fact, I believe the come up to me and say, ‘‘Eleanor, what on Appropriations. city officials should embrace this bill, shall we do?’’ And I do not know, I (Mr. LIVINGSTON asked and was because almost all the authorization must say to you, whether it would given permission to revise and extend language which was in the bill at the make a dime’s worth of difference, his remarks.) outset and which was heavily com- whatever I recommend. Mr. LIVINGSTON. Mr. Chairman, I, plained about by the delegate and oth- This is an appropriations bill, my too, want to congratulate the gen- ers has been stripped. Most of that au- friends, so let us talk about money. I tleman from New York [Mr. WALSH] for thorization language has been stripped have heard in this debate about ‘‘your all of his hard work. This has been an out in deference to home rule. money.’’ Let us be clear whose money extraordinarily difficult bill. But the As a matter of fact, I might add, it this is. More than 80 percent of the gentleman and the staff, both the ma- was the mayor’s own transition team money in this bill is the hard-earned jority and the minority, have worked that recommended in November of 1994 money raised in the District of Colum- diligently to bring this bill to the floor that the District ‘‘Implement a budget bia from District taxpayers. today. They are to be commended for plan to cut expenditures in the mag- This is not your Federal payment their efforts. nitude of $431 million and to generate alone. This is our money, and we can- Mr. Chairman, this has not been an additional cash of $100 million to solve not get our money without coming to a easy course, but it is my hope the ma- the cash crisis.’’ The team put forth a national legislature to get it. I hope jority of the Members will vote for this plan to do this. Yet nothing has been Members are proud of that, because, if bill, because I think this is the best bill done by the District Government to they are, they should be ashamed of we are going to get, both in terms of achieve the savings pointed out by that. This is not a Federal agency. This the needs of the American people and both them, the transition team, and is a self-governing jurisdiction of the the needs of the District of Columbia. the Rivlin Commission, which was United States of America. H 11640 CONGRESSIONAL RECORD — HOUSE November 1, 1995 My greatest regret about this bill is forming, and you have in place a mech- manded. On his watch, the authority how close it came to being a bipartisan anism to do that reform. And you are has gotten 750 additional positions bill. I do not know why four pages of not respecting that mechanism when it from the District. On his watch there home rule violations were put on the says if you cut beyond what they are has been a 12-percent give-back from bill, but I do know that the Speaker already cut, you will cut into the blood District employees and 6 furlough days. stepped forward and said ‘‘Perhaps we and guts of the District government On his watch there has been the initi- can work this out,’’ and they got off and bring it down. ation of a baseline audit. On his watch the bill. I said, ‘‘Oh, my goodness, we I do not use those words lightly. I am there has been a reduction in spending really are going toward bipartisan- more accustomed to going to the Dis- from $3.9 billion to $3.3 billion. On his ship.’’ trict government and saying ‘‘Please, watch, the District has made requests I appreciate that the gentleman from cut yourself before they cut.’’ that are in fact going through for Med- New York [Mr. WALSH] cooperated in We have heard a lot about the Dis- icaid savings. That should have been that procedure and has said that he trict and its responsibility. I do not enough to get this bill passed within never indeed intended to have the bill, know why we did not hear more about putting on this bill amendments that nor did the gentleman from Louisiana congressional responsibility. We have have chased away those who devoutly [Mr. LIVINGSTON] intend to have the not heard a peep about $5 billion in un- wanted to support it. bill full of home rule matters that were funded pension liability handed to the Mr. WALSH. Mr. Chairman, I thank unrelated to the appropriation. District government when home rule the gentlewoman for recognizing the At the end of the day, however, this was given. The Congress used to pay progress that we have made, and would bill has in fact invited other home rule for the pensions out of its pocket be- submit we have a lot more to make. violations, of a kind that only excite cause it had access to the Treasury. It Mr. Chairman, I yield 2 minutes to those who would ordinarily vote for the gave us that unfunded pension liability the gentleman from Texas [Mr. bill. By allowing on to the appropria- and said ‘‘Now you pay for it out of BONILLA], a member of the subcommit- tion these amendments, the majority your pocket.’’ That is $300 million a tee. has made it impossible for me to do year we pay so our cops can get their b what I certainly desire to do, and that pensions. And the Federal Government 1615 was to get votes on my side of the and the Congress have not responded Mr. BONILLA. Mr. Chairman, I aisle. It is very hard to ask a Member when we have said ‘‘Help us out of this, thank the gentleman for this time, and to vote for you when you are asking a and you will help our budget and help I rise in strong support of the District Member to vote against his own prin- our bond rating.’’ of Columbia appropriations bill. And in ciples on something like abortion, es- We have not heard them tell us about the spirit of David Letterman, I have a pecially when the amendment on abor- Medicaid, where we pay the entire cost, top 10 list of reasons why Republicans tion of the gentleman from New York county and State, of Medicaid; and not and Democrats should support this in a [Mr. WALSH] was expected, and we have one Member comes from a city that bipartisan way. an escalated version. It makes it very would be left standing if that were the Reason No. 10. It continues the proc- difficult for all of us, and especially for case. And we have not heard them say ess of restoring discipline and account- me. a thing about State prison systems, ability in D.C. government. Whose money is this? Let us be en- and we are the only city in the United Reason No. 9. It is the responsibility tirely accurate. This is a Congress that States that pays the full cost of State of Congress to pass a bill that provides is particularly excited about taxes. I prisons. Medicaid and the State prison for the operation and maintenance of bet there are few Members in this Con- system, as much as anything, these are the Federal city, our Nation’s capital. gress who know that there is only one what has driven the District close to Reason No. 8. Prohibits the use of State that pays more taxes to the Fed- insolvency. When one talks about un- taxpayer dollars to implement the Do- eral Treasury per capita than I do. And funded Federal mandates, if they hurt mestic Partners Act. yet I stand before this body represent- your State, they hurt your entire Reason No. 7. Empowers control ing 600,000 District residents, and I can- State. board to enforce the budget cap, allo- not vote for the bill that is before us, The budget cuts are not cuts I oppose cate spending cuts and reprogram the bill that has my money, my tax- on their face. The financial authority funds. payers’ money in it, far more than any said ‘‘Give us time to do the Reason No. 6. Eliminates over 5,000 Federal money in it. reengineering before any more cuts.’’ full time city positions. We are No. 2 per capita. If you are Why that would not be respected is Reason No. 5. Places a spending cap from New Jersey, my hat is off to you, completely puzzling to me. For 2 years at $4.87 billion. because you pay more taxes per capita in a row, the District simply cannot Reason No. 4. Appropriates $346 mil- to the Federal Government than I do. take it off the top. That is what we are lion less than the Mayor originally re- The rest of you, get in line behind me. asking them to do. We are saying take quested. Nor am I here as an apologist for my it from the police department, that Reason No. 3. Appropriates fewer own city or city government. You have cannot get the cars out of the garage. Federal funds than last year. not heard me say ‘‘This is a wonderful We have had to raise the retirement Reason No. 2. Appropriates $84 mil- city government; why don’t you vote age of the police department and cut lion less than last year. for it?’’ We know the city government the pay, so the police department is And reason No. 1. It is this bill or, has problems. The city government has completely noncompetitive. We cannot more than likely, no bill. in fact agreed to the acceptance of a fi- recruit police. That is a danger to pub- Mr. Chairman, I would also like to nancial control board. lic safety. This shows callous disregard put in a word for an amendment I will How many times did I go before my for innocent bystanders, the people be offering on this bill that will make own people and publicly say, ‘‘Reform who pay the highest taxes per capita in it even better. Those who support add- your own government, or the Congress the United States, except for New Jer- ing additional funding and making it may do it.’’ So to beat up on the Dis- sey. available to the District of Columbia trict government because it is not yet The gentleman from New York [Mr. for educational purposes will hopefully reformed is particularly gratuitous, WALSH] had a case to make on the mer- support my amendment to eliminate since we have just put in place a finan- its, and he has failed to make it. Let the special privilege allotted to the Na- cial authority to assist it in reforming. me make it quickly. The reasons that tional Education Association of a prop- The authority just got there, and got he did not need this reckless cut, the erty tax exemption, a privilege that is there only in time to cut. reasons that he did not need these not granted to any other labor union in It is said, ‘‘Hey, why doesn’t the gov- amendments, are the following: On his the District of Columbia and a privi- ernment look wonderful yet?’’ The gov- watch, there has been the establish- lege that should be revoked because we ernment looks about the same way it ment of a financial authority. On his need to eliminate this privilege that does in Syracuse and in Newark and in watch the District has eliminated 3,600 has been on the books for a long time, San Diego and Atlanta, and it needs re- jobs, not 2,000 as the Congress de- granted by congressional charter. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11641 We are not picking on the National live in the District of Columbia cannot 2546, the fiscal year 1996 District of Co- Education Association. The IRS has al- retaliate against the elected officials lumbia appropriations bill. ready deemed it a union and it is only who make those decisions. They have Like most appropriations bills, this protected by the congressional charter no ability to vote us in or out, unlike has some good elements to it; it has that was written in the early part of out constituents. And when we start some bad element to it, and I would the century. We need this money to be making legislative decisions that af- suggest to my colleagues that this is available for the District of Columbia fect their lives and they do not have the first step in a long process of mov- and we hope that people will vote for any redress, our forefathers called that ing the appropriation bill through Con- this amendment on both sides of the taxation without representation. gress and eventually getting it signed. aisle and support the District of Co- So I think that when we get into I think the good news for the city is, as lumbia’s opportunity to garner $1.6 these other legislative areas, we are en- many other items are being cut around million in property taxes from a very gaging in an illegitimate legislative us, the appropriation level from Con- rich union in D.C. act, and that is why, when they come gress is consistent with last year’s ap- Mr. DIXON. Mr. Chairman, I yield 5 to the floor, if they do not relate propriations. minutes to the gentleman from Wis- strictly to the financial problems that No one seriously doubts that the Dis- consin [Mr. OBEY], the distinguished the District has, I will not vote for trict of Columbia is in the midst of a ranking minority member of the Com- them or against them. I will simply serious financial crisis. This Congress mittee on Appropriations. cast a vote ‘‘present’’ in order to, in has already laid a strong foundation Mr. OBEY. Mr. Chairman, this is an some small way, to protest the fact for the successful resolution of the appropriations bill, and being an appro- that this House is being asked to act as city’s problems with the passage of the priations bill we are supposed to be a mini city council and I do not think District of Columbia Financial Respon- dealing with financial issues. I do not our taxpayers back home expect us to sibility and Management Assistance like the fact that we have to interpose do that. Act earlier this year. The authority ourselves when it comes to the finan- Mr. Chairman, we screw up enough of has been operating for 5 months. It ap- cial decisions of the District, that we what we touch at the national level pears to be moving ahead forcefully have to interpose ourselves in their af- without wasting time screwing things with its mission, but the passage of fairs, but we have no choice because up in the District of Columbia as well, that act did not absolve Congress of ei- the District Government has proven it- to be blunt about it. I think that it is ther its duties or obligations to the self to be incapable of managing its fi- the height of arrogance for Members to District of Columbia. nancial affairs. Because that lack of use their power simply because in this The matter before us today, the fis- capability has a spillover effect on tax- instance we have the political ability cal year 1996 appropriations bill, must payers around the country, I think we to engage in these actions. be passed for the District and the au- have no choice but to reenter the fray. I would simply observe in closing thority to know what parameters they Having said that, I would observe, that while I do not know what the must operate within from both policy however, that I do not honestly be- proper level of the Federal payment to and financial perspectives. The District lieve, given the nature of the District the District ought to be, I think the can ask for, and the authority may rec- and given the nature of the surround- committee has a right to make a judg- ommend anything they want to Con- ing territory, the suburbs, I do not be- ment on that. But when we start tell- gress, but, ultimately, it is only Con- lieve that the District will ever truly ing the District how it must change its gress which has the power to act. be financially viable unless there is ex- law on nonfinancial items, I think we Now, more than a full month into fis- hibited a great deal, or a great—well, I are abusing the power we have been cal year 1996, the House must act to will make somebody mad if I put it given by our own constituents and I move forward in the process of dealing that way. Let me simply say that I think we ought not to do it. with the city’s problems rather than think persons who reside in suburbs Mr. WALSH. Mr. Chairman, I yield continuing to wring our hands and talk need to recognize their financial re- myself 30 seconds just to clarify a cou- about them. This legislation is only sponsibilities to the District that they ple of points just raised. the first step in what will be a year- use to a much greater degree than they I would remind the distinguished long fiscal year 1996 appropriations do right now if the District is ever to ranking member of the full committee process for the city. be financially viable. That will prob- that the Constitution of the United The Financial Responsibility and ably make some people mad, too. States, article 1, section 8, paragraph Management Assistance Act estab- Having said that, Mr. Chairman, I 17, empowers the Congress of the Unit- lished a special process for fiscal year want to deal with what I consider to be ed States to exercise exclusive legisla- 1996. One of the main reasons behind a very serious overreaching on the part tion in all cases whatsoever over such the creation of the authority is the of the Congress here this afternoon. It District. lack of accurate financial information is one thing for us to make financial Clearly, he would not argue with the from the city. The authority and the decisions affecting the District because founding fathers of this Nation who city need substantial time to develop a we have no financial choice. It is quite suggest that this is our responsibility. more accurate picture of the true fi- another for us to become the city coun- Mr. OBEY. Mr. Chairman, will the nancial condition of the city. cil for the District of Columbia on non- gentleman yield? Mr. Chairman, Congress decided to financial affairs and start changing Mr. WALSH. I only have 5 seconds re- delay the submission of the District’s D.C. law on a variety of subjects just maining. 4-year financial plan until February 1, because we do not like what D.C. law The CHAIRMAN. The gentleman’s 1996. happens to be at this moment. time has expired. Mr. Chairman, I commend the long hours of Example. We are being asked to Mr. OBEY. I would appreciate it if dedicated toil which Mr. WALSH, the chairman make major changes in D.C. law with the gentleman would not mention my of the District of Columbia Appropriations Sub- respect to their education system. We name if he is not going to yield to me. committee and Mr. LIVINGSTON, the chairman are being asked to make major changes The CHAIRMAN. The gentleman of the Appropriations Committee have devoted in D.C. law with respect to adoption. from New York is recognized. The gen- to this bill. Their hard work was ably supple- We are being asked to single out the tleman from New York has the time. mented by the many invaluable contributions NEA for the loss of a tax exemption, Mr. WALSH. Mr. Chairman, I yield 2 of Ms. NORTON and Mr. DIXON. Their efforts, when there are many other organiza- minutes to the gentleman from Vir- aided by the valuable contribution of staff, in tions who are also exempt from paying ginia [Mr. DAVIS]. writing the bill and its rule mark a major step property taxes in the District. (Mr. DAVIS asked and was given per- forward in this must pass legislation. Mr. Chairman, I believe that when mission to revise and extend his re- The bill before the House this afternoon the Congress crosses the line and gets marks.) should be passed because it enables this involved in these legislative issues it Mr. DAVIS. Mr. Chairman, I rise body to deliberate and work its will on the does so illegitimately for one very sim- today to lend my support and urge my budget of our Capital City including several ple reason: Because the persons who fellow Members to vote in favor of H.R. matters of great importance not only to the H 11642 CONGRESSIONAL RECORD — HOUSE November 1, 1995 residents of our Nation's Capital, but to citi- was too old to ever be President and ets to the Congress each and every zens all across America. No other city in our loved his privacy too much, but who year. Nation holds the place of Washington, DC in also probably should have debated this Mr. Chairman, the General Account- the hearts of the American people. The city, whole thing longer. ing Office showed us very clearly that its monuments, museums, and most of all, its I will not apologize for interesting over the last 3 or 4 years, they have not public buildings symbolize all that is great and myself in this Federal enclave, our be- done that. They used fiscal gimmickry, good about the American way of life. It is our loved District. It is my job. It is the job they decided not to make pension pay- duty to give mature consideration to its affairs of all 435 of us. But I do come close to ments, or they included five quarters of and to do our best to enhance our Capital City feeling empathy for when we discuss property tax collections in 1 year, and to help steer it back to a course of fiscal domestic partnership, abortions in the which is impossible. There are four responsibility. District, and other issues that seem far quarters in 1 year and they cannot get The first year of the plan is a supplemental afield from a District that, frankly, I five quarters in 1 year. Mr. Chairman, fiscal year 1996 budget. The supplemental am surprised somebody did not come they did anything and everything to budget will be a document that the authority up with a motion to strip it of its make it look like the budgets were bal- has been intimately involved with from its in- name, Columbia, because it is named anced. But the fact is they have not ception. It will provide this Congress a second after a dead, white, Catholic, Italian been balanced. opportunity to exercise its collective oversight male who sailed from Spain and did not Mr. Chairman, we have bent over responsibilities for the District's finances and find what he was looking for. backward to continue home rule. Mr. one with far more credibility as far as both rev- But, nevertheless, Mr. Chairman, let Chairman, lately this committee has enue and spending estimates are concerned. me put everyone on notice about two done its best to try to allow the Dis- This legislation sets an overall fiscal year amendments coming up here. The trict to continue to govern itself, and 1996 District spending level at $4.867 billion. Bonilla-Hayes, that is a good member we have asked the Control Board to It establishes guidelines for the basic cat- of the minority, Dornan amendment on work with the District government to egories of the city's spending. The bill also es- tax exempt status for one of the most resolve some of these issues. tablishes new, lower levels for FTEs. The city, politically charged groups in America, We are prepared to support the Con- under the vigilant guidance of the authority, the National Education Association. trol Board and give them the authority has begun the process of reforming itself. My brother is a high school teacher, to allocate the reductions rec- Passage of H.R. 2546 is the next, essential finishing his third decade as one of the ommended in our bill. I think that is step in the process. H.R. 2546 is important not best high school teachers I have ever fair. only because our Nation's Capital needs a watched in operation in my life. He Mr. Chairman, I reserve the balance budget. It needs a budget which will enable it will not join this organization because of my time. to move a few more steps along the road to it is so politically fired up and so ideo- Mr. DIXON. Mr. Chairman, I have no financial stability. By moving the appropria- logically far left. I will avoid words further requests for time and I yield tions process forward, we come closer to like, extremist and radical, like we back the balance of my time. meeting our responsibility for the well being of heard earlier in the debate. Mr. WALSH. Mr. Chairman, I yield the District. The other is domestic partnership, back the balance of my time. This legislation serves to further the new Mr. Chairman. This will be a fascinat- The CHAIRMAN (Mr. HASTINGS of and vital partnership we are forging between ing debate because in Seattle they de- Washington). All time for general de- the 104th Congress and our Nation's Capital. cided they were not about to ask fire- bate has expired. As this bill works its way through the legisla- men and policemen if they do the Before consideration of any other tive process it may receive further modifica- nasty; if they have bizarre sex with amendment, it shall be in order to con- tions. In its final form, the fiscal year 1996 Dis- their roommate. So they said it is sider the amendment printed in House trict appropriation bill will be a reflection of going to apply to bonded friendships. Report 104–302, if offered by the gen- both local and national priorities. Only by Heterosexual females living together tleman from New York [Mr. WALSH], or working closely together as partners can either as friends for life, males brought to- his designee. That amendment shall be the District of Columbia, the White House, or gether by bonding of mutual affection, considered read, shall be debatable for Congress realize our common goalÐa city in vets from Vietnam who saved one an- 10 minutes, equally divided and con- which all Americans take great pride. other’s lives. trolled by the proponent and an oppo- Once again, I commend the hard work of There is going to be a strange com- nent, shall not be subject to amend- the members and staff who have brought us monsense debate on what is wrong with ment, and shall not be subject to a de- to this point in the process. I am happy to domestic partnership. When they have mand for division of the question. stand in strong support of this bill and urge all to fire, they perform certain weird sex If that amendment is adopted, the my colleagues to do likewise and to vote in acts. bill, as amended, shall be considered as favor of H.R. 2546. the original bill for the purpose of fur- Mr. DIXON. Mr. Chairman, I yield 1 minute b 1630 to the gentlewoman from the District of Colum- ther amendment. Debate on each fur- Mr. DIXON. Mr. Chairman, I reserve ther amendment shall be limited to 30 bia [Ms. NORTON]. Ms. NORTON. Mr. Chairman, I thank the the balance of my time. minutes. gentleman for yielding, and I rise as a lawyer Mr. WALSH. Mr. Chairman, just to It shall be in order to consider each who spent most of her life as a constitutional clarify a couple of points that have of the amendments numbered 1, 2, or 4 scholar to say that it is inappropriate to cite been made earlier in the debate, the printed in the designated place in the the Constitution of the United States for tax- appropriated level in this bill is $84 CONGRESSIONAL RECORD if offered by ation without representation. It is inappropriate million less than last year’s appro- the Member who caused each to be to cite the Constitution of the United States for priated level. There are a lot of other printed, or a designee. Each of those overriding the consent of the governed. To do numbers that have been offered. The amendments shall be considered read, so is to defile the Constitution and to defame District government requested an ap- shall be debatable for 30 minutes, Madison, its principal author. propriation level; the Control Board re- equally divided and controlled by the Mr. WALSH. Mr. Chairman, I yield sponded to that; the subcommittee re- proponent and an opponent, shall not myself such time as I may consume to sponded to that. Mr. Chairman, take be subject to amendment, and shall not say to the gentlewoman that I would all the numbers away, we end up with be subject to a demand for division of suggest it is never wrong to quote from $84 million less than last year. the question. the Constitution of the United States. Again, regarding the Constitution, it During consideration of the bill for Mr. Chairman, I yield 2 minutes to does clearly state that Congress has amendment, the Chairman of the Com- the gentleman from California [Mr. the authority and responsibility re- mittee of the Whole may accord prior- DORNAN]. garding the District of Columbia. The ity in recognition to a Member offering Mr. DORNAN. Mr. Chairman, I would Home Rule Act was a delegation of an amendment that has been printed in never defile that five-foot-four package that responsibility to the District gov- the designated place in the CONGRES- of constitutional genius James Madi- ernment, but it was contingent upon SIONAL RECORD. Those amendments son, nor George Mason up here, who the District presenting balanced budg- will be considered read. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11643 The Clerk will read. $660,000,000, as authorized by section 502(a) of full-time equivalent positions from intra- The Clerk read as follows: the District of Columbia Self-Government District funds): Provided, That the District of Be it enacted by the Senate and House of Rep- and Governmental Reorganization Act, Pub- Columbia Housing Finance Agency, estab- resentatives of the United States of America in lic Law 93–198, as amended (D.C. Code, sec. lished by section 201 of the District of Co- Congress assembled, That the following sums 47–3406.1). lumbia Housing Finance Agency Act, effec- are appropriated, out of any money in the FEDERAL CONTRIBUTION TO RETIREMENT tive March 3, 1979 (D.C. Law 2–135; D.C. Code, Treasury not otherwise appropriated, for the FUNDS sec. 45–2111), based upon its capability of re- payments as determined each year by the District of Columbia for the fiscal year end- For the Federal contribution to the Police Council of the District of Columbia from the ing September 30, 1996, and for other pur- Officers and Fire Fighters’, Teachers’, and Housing Finance Agency’s annual audited fi- poses, namely: Judges’ Retirement Funds, as authorized by nancial statements to the Council of the Dis- the District of Columbia Retirement Reform The CHAIRMAN. Pursuant to the trict of Columbia, shall repay to the general Act, approved November 17, 1979 (93 Stat. 866; rule, it is now in order to consider the fund an amount equal to the appropriated Public Law 96–122), $52,000,000. amendment by the gentleman from administrative costs plus interest at a rate DIVISION OF EXPENSES New York [Mr. WALSH]. of four percent per annum for a term of 15 The following amounts are appropriated AMENDMENT OFFERED BY MR. WALSH years, with a deferral of payments for the for the District of Columbia for the current first three years: Provided further, That not- Mr. WALSH. Mr. Chairman, I offer an fiscal year out of the general fund of the Dis- withstanding the foregoing provision, the ob- amendment. trict of Columbia, except as otherwise spe- ligation to repay all or part of the amounts The CHAIRMAN. The Clerk will des- cifically provided. due shall be subject to the rights of the own- ignate the amendment. GOVERNMENTAL DIRECTION AND SUPPORT ers of any bonds or notes issued by the Hous- ing Finance Agency and shall be repaid to The text of the amendment is as fol- Governmental direction and support, the District of Columbia government only lows: $149,793,000 and 1,465 full-time equivalent po- from available operating revenues of the Amendment offered by Mr. WALSH: Page 57, sitions (end of year) (including $118,167,000 Housing Finance Agency that are in excess line 23, strike ‘‘Section’’ and insert ‘‘(a) IN and 1,125 full-time equivalent positions from of the amounts required for debt service, re- GENERAL.—Section’’. local funds, $2,464,000 and 5 full-time equiva- serve funds, and operating expenses: Provided Page 58, insert after line 4 the following: lent positions from Federal funds, $4,474,000 further, That upon commencement of the (b) NO EFFECT ON PETITIONS FOR ADOPTION and 71 full-time equivalent positions from debt service payments, such payments shall FILED BY INDIVIDUAL UNMARRIED PETI- other funds, and $24,688,000 and 264 full-time be deposited into the general fund of the Dis- TIONER.—Nothing in section 16–302(b), D.C. equivalent positions from intra-District trict of Columbia. Code (as added by subsection (a)) shall be funds): Provided, That not to exceed $2,500 for construed to affect the ability of any unmar- the Mayor, $2,500 for the Chairman of the PUBLIC SAFETY AND JUSTICE ried person to file a petition for adoption in Council of the District of Columbia, and Public safety and justice, including pur- the Superior Court of the District of Colum- $2,500 for the City Administrator shall be chase of 135 passenger-carrying vehicles for bia where no other person joins in the peti- available from this appropriation for expend- replacement only, including 130 for police- tion. itures for official purposes: Provided further, type use and five for fire-type use, without That any program fees collected from the is- The CHAIRMAN. Pursuant to the regard to the general purchase price limita- suance of debt shall be available for the pay- rule, the gentleman from New York tion for the current fiscal year, $954,106,000 ment of expenses of the debt management [Mr. WALSH] and a Member opposed and 11,544 full-time equivalent positions program of the District of Columbia: Pro- (end-of-year) (including $930,889,000 and 11,365 each will be recognized for 5 minutes. vided further, That $29,500,000 is used for pay- full-time equivalent positions from local The Chair recognizes the gentleman as-you-go capital projects of which $1,500,000 funds, $8,942,000 and 70 full-time equivalent from New York [Mr. WALSH]. shall be used for a capital needs assessment positions from Federal funds, $5,160,000 and 4 Mr. WALSH. Mr. Chairman, my study, and $28,000,000 shall be used for a new full-time equivalent positions from other financial management system of which amendment clarifies the language in funds, and $9,115,000 and 105 full-time equiva- $2,000,000 shall be used to develop a needs section 153 on pages 57 and 58 of the bill lent positions from intra-District funds): analysis and assessment of the existing fi- concerning adoptions by unmarried Provided, That the Metropolitan Police De- nancial management environment, and the couples. partment is authorized to replace not to ex- remaining $26,000,000 shall be used to procure Mr. Chairman, the language pres- ceed 25 passenger-carrying vehicles and the the necessary hardware and installation of Fire Department of the District of Columbia ently in the bill amends the D.C. Code new software, conversion, testing and train- is authorized to replace not to exceed five and requires that a person who joins in ing: Provided further, That the $26,000,000 passenger-carrying vehicles annually when- a petition to adopt must be spouse of shall not be obligated or expended until: (1) ever the cost of repair to any damaged vehi- the petitioner. the District of Columbia Financial Respon- cle exceeds three-fourths of the cost of the sibility and Management Assistance Author- My perfecting amendment makes it replacement: Provided further, That not to ity submits a report to the General Account- clear that the language does not apply exceed $500,000 shall be available from this ing Office within 90 days after the date of en- to individual, unmarried petitioners. In appropriation for the Chief of Police for the actment of this Act reporting the results of other words, a single person is per- prevention and detection of crime: Provided the needs analysis and assessment of the ex- further, That the Metropolitan Police De- mitted to file a petition for adoption, isting financial management environment, partment shall provide quarterly reports to and that has always been the case. specifying the deficiencies in, and rec- the Committees on Appropriations of the Mr. Chairman, I urge my colleagues ommending necessary improvements to or House and Senate on efforts to increase effi- to support my amendment. replacement of the District’s financial man- ciency and improve the professionalism in agement system including a detailed expla- Mr. Chairman, I reserve the balance the department: Provided further, That not- nation of each recommendation and its esti- of my time. withstanding any other provision of law, or mated cost; (2) the General Accounting Of- Mr. DIXON. Mr. Chairman, I am not Mayor’s Order 86–45, issued March 18, 1986, fice reviews the Authority’s report and for- in opposition, nor do I know of anyone the Metropolitan Police Department’s dele- wards it along with such comments or rec- gated small purchase authority shall be who is in opposition. I am in opposition ommendations as deemed appropriate on any $500,000: Provided further, That the District of to the original underlying amendment matter contained therein to the Committees Columbia government may not require the here, but I have no objections to it. on Appropriations of the House and the Sen- Metropolitan Police Department to submit Mr. WALSH. Mr. Chairman, I yield ate, the Committee on Governmental Re- to any other procurement review process, or back the balance of my time. form and Oversight of the House, and the to obtain the approval of or be restricted in Committee on Governmental Affairs of the The CHAIRMAN. The question is on any manner by any official or employee of Senate within 60 days from receipt of the re- the amendment offered by the gen- the District of Columbia government, for port; and (3) 30 days lapse after receipt by tleman from New York [Mr. WALSH]. purchases that do not exceed $500,000: Pro- Congress of the General Accounting Office’s The amendment was agreed to. vided further, That the Metropolitan Police comments or recommendations. The CHAIRMAN. Pursuant to the Department shall employ an authorized level rule, the bill is considered read through ECONOMIC DEVELOPMENT AND REGULATION of sworn officers not to be less than 3,800 page 58, line 4. Economic development and regulation, sworn officers for the fiscal year ending Sep- The text of H.R. 2546, as amended, $139,285,000 and 1,692 full-time equivalent po- tember 30, 1996: Provided further, That funds sitions (end-of-year) (including $66,505,000 appropriated for expenses under the District through page 58, line 4, is as follows: and 696 full-time equivalent positions from of Columbia Criminal Justice Act, approved FEDERAL PAYMENT TO THE DISTRICT OF local funds, $38,792,000 and 509 full-time September 3, 1974 (88 Stat. 1090; Public Law COLUMBIA equivalent positions from Federal funds, 93–412; D.C. Code, sec. 11–2601 et seq.), for the For payment to the District of Columbia $17,658,000 and 260 full-time equivalent posi- fiscal year ending September 30, 1996, shall for the fiscal year ending September 30, 1996, tions from other funds, and $16,330,000 and 227 be available for obligations incurred under H 11644 CONGRESSIONAL RECORD — HOUSE November 1, 1995 the Act in each fiscal year since inception in lent positions from intra-District funds), for full-time equivalent positions (end-of-year) the fiscal year 1975: Provided further, That the public schools of the District of Colum- (including $225,673,000 and 1,158 full-time funds appropriated for expenses under the bia; $109,175,000 from local funds shall be al- equivalent positions from local funds, District of Columbia Neglect Representation located for the District of Columbia Teach- $2,682,000 and 32 full-time equivalent posi- Equity Act of 1984, effective March 13, 1985 ers’ Retirement Fund; $79,269,000 and 1,079 tions from Federal funds, $18,342,000 and 68 (D.C. Law 5–129; D.C. Code, sec. 16–2304), for full-time equivalent positions (including full-time equivalent positions from other the fiscal year ending September 30, 1996, $45,250,000 and 572 full-time equivalent posi- funds, and $50,629,000 and 656 full-time equiv- shall be available for obligations incurred tions from local funds, $10,611,000 and 156 alent positions from intra-District funds): under the Act in each fiscal year since incep- full-time equivalent positions from Federal Provided, That this appropriation shall not tion in the fiscal year 1985: Provided further, funds, $16,922,000 and 189 full-time equivalent be available for collecting ashes or mis- That funds appropriated for expenses under positions from other funds, and $6,486,000 and cellaneous refuse from hotels and places of the District of Columbia Guardianship, Pro- 162 full-time equivalent positions from intra- business. tective Proceedings, and Durable Power of District funds) for the University of the Dis- WASHINGTON CONVENTION CENTER FUND Attorney Act of 1986, effective February 27, trict of Columbia; $21,062,000 and 415 full- 1987 (D.C. Law 6–204; D.C. Code, sec. 21–2060), time equivalent positions (including For payment to the Washington Conven- for the fiscal year ending September 30, 1996, $20,159,000 and 408 full-time equivalent posi- tion Center Fund, $5,400,000 from local funds. shall be available for obligations incurred tions from local funds, $446,000 and 6 full- REPAYMENT OF LOANS AND INTEREST under the Act in each fiscal year since incep- time equivalent positions from Federal For reimbursement to the United States of tion in fiscal year 1989: Provided further, That funds, $454,000 and 1 full-time equivalent po- funds loaned in compliance with An Act to not to exceed $1,500 for the Chief Judge of sition from other funds, and $3,000 from provide for the establishment of a modern, the District of Columbia Court of Appeals, intra-District funds) for the Public Library; adequate, and efficient hospital center in the $1,500 for the Chief Judge of the Superior $2,267,000 and 9 full-time equivalent positions District of Columbia, approved August 7, 1946 Court of the District of Columbia, and $1,500 (including $1,725,000 and 2 full-time equiva- for the Executive Officer of the District of (60 Stat. 896; Public Law 79–648); section 1 of lent positions from local funds and $542,000 An Act to authorize the Commissioners of Columbia Courts shall be available from this and 7 full-time equivalent positions from appropriation for official purposes: Provided the District of Columbia to borrow funds for Federal funds) for the Commission on the capital improvement programs and to amend further, That the District of Columbia shall Arts and Humanities; $64,000 from local funds operate and maintain a free, 24-hour tele- provisions of law relating to Federal Govern- for the District of Columbia School of Law ment participation in meeting costs of main- phone information service whereby residents and a reduction of $96,000 for the Education of the area surrounding Lorton prison in taining the Nation’s Capital City, approved Licensure Commission: Provided, That the June 6, 1958 (72 Stat. 183; Public Law 85–451; Fairfax County, Virginia, can promptly ob- public schools of the District of Columbia tain information from District of Columbia D.C. Code, sec. 9–219); section 4 of An Act to are authorized to accept not to exceed 31 authorize the Commissioners of the District government officials on all disturbances at motor vehicles for exclusive use in the driver the prison, including escapes, riots, and simi- of Columbia to plan, construct, operate, and education program: Provided further, That maintain a sanitary sewer to connect the lar incidents: Provided further, That the Dis- not to exceed $2,500 for the Superintendent of trict of Columbia government shall also take Dulles International Airport with the Dis- Schools, $2,500 for the President of the Uni- steps to publicize the availability of the 24- trict of Columbia system, approved June 12, versity of the District of Columbia, and hour telephone information service among 1960 (74 Stat. 211; Public Law 86–515); sections $2,000 for the Public Librarian shall be avail- the residents of the area surrounding the 723 and 743(f) of the District of Columbia able from this appropriation for expenditures Lorton prison: Provided further, That not to Self-Government and Governmental Reorga- for official purposes: Provided further, That exceed $100,000 of this appropriation shall be nization Act of 1973, approved December 24, this appropriation shall not be available to used to reimburse Fairfax County, Virginia, 1973, as amended (87 Stat. 821; Public Law 93– subsidize the education of nonresidents of and Prince William County, Virginia, for ex- 198; D.C. Code, sec. 47–321, note; 91 Stat. 1156; the District of Columbia at the University of penses incurred by the counties during the Public Law 95–131; D.C. Code, sec. 9–219, the District of Columbia, unless the Board of fiscal year ending September 30, 1996, in rela- note), including interest as required thereby, Trustees of the University of the District of tion to the Lorton prison complex: Provided $327,787,000 from local funds. Columbia adopts, for the fiscal year ending further, That such reimbursements shall be September 30, 1996, a tuition rate schedule REPAYMENT OF GENERAL FUND RECOVERY paid in all instances in which the District re- that will establish the tuition rate for non- DEBT quests the counties to provide police, fire, resident students at a level no lower than For the purpose of eliminating the rescue, and related services to help deal with the nonresident tuition rate charged at com- $331,589,000 general fund accumulated deficit escapes, fires, riots, and similar disturbances parable public institutions of higher edu- as of September 30, 1990, $38,678,000 from involving the prison: Provided further, That cation in the metropolitan area. local funds, as authorized by section 461(a) of the Mayor shall reimburse the District of Co- HUMAN SUPPORT SERVICES the District of Columbia Self-Government lumbia National Guard for expenses incurred and Governmental Reorganization Act, ap- Human support services, $1,845,638,000 and in connection with services that are per- proved December 24, 1973, as amended (105 6,469 full-time equivalent positions (end-of- formed in emergencies by the National Stat. 540; Public Law 102–106; D.C. Code, sec. year) (including $1,067,516,000 and 3,650 full- Guard in a militia status and are requested 47–321(a)). by the Mayor, in amounts that shall be time equivalent positions from local funds, jointly determined and certified as due and $726,685,000 and 2,639 full-time equivalent po- SHORT-TERM BORROWING payable for these services by the Mayor and sitions from Federal funds, $46,763,000 and 66 For short-term borrowing, $9,698,000 from the Commanding General of the District of full-time equivalent positions from other local funds. funds, and $4,674,000 and 114 full-time equiva- Columbia National Guard: Provided further, PAY RENEGOTIATION OR REDUCTION lent positions from intra-District funds): That such sums as may be necessary for re- IN COMPENSATION imbursement to the District of Columbia Na- Provided, That $26,000,000 of this appropria- tional Guard under the preceding proviso tion, to remain available until expended, The Mayor shall reduce appropriations and shall be available from this appropriation, shall be available solely for District of Co- expenditures for personal services in the and the availability of the sums shall be lumbia employees’ disability compensation: amount of $46,409,000, by decreasing rates of deemed as constituting payment in advance Provided further, That the District shall not compensation for District government em- for emergency services involved. provide free government services such as ployees; such decreased rates are to be real- ized for employees who are subject to collec- PUBLIC EDUCATION SYSTEM water, sewer, solid waste disposal or collec- tive bargaining agreements to the extent Public education system, including the de- tion, utilities, maintenance, repairs, or simi- lar services to any legally constituted pri- possible through the renegotiation of exist- velopment of national defense education pro- ing collective bargaining agreements: Pro- grams, $788,983,000 and 11,670 full-time equiv- vate nonprofit organization (as defined in section 411(5) of Public Law 100–77, approved vided, That, if a sufficient reduction from alent positions (end-of-year) (including employees who are subject to collective bar- $670,833,000 and 9,996 full-time equivalent po- July 22, 1987) providing emergency shelter services in the District, if the District would gaining agreements is not realized through sitions from local funds, $87,385,000 and 1,227 renegotiating existing agreements, the full-time equivalent positions from Federal not be qualified to receive reimbursement pursuant to the Stewart B. McKinney Home- Mayor shall decrease rates of compensation funds, $21,719,000 and 234 full-time equivalent for such employees, notwithstanding the pro- positions from other funds, and $9,046,000 and less Assistance Act, approved July 22, 1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C. visions of any collective bargaining agree- 213 full-time equivalent positions from intra- ments. District funds), to be allocated as follows: 11301 et seq.). $577,242,000 and 10,167 full-time equivalent po- PUBLIC WORKS RAINY DAY FUND sitions (including $494,556,000 and 9,014 full- Public works, including rental of one pas- For mandatory unavoidable expenditures time equivalent positions from local funds, senger-carrying vehicle for use by the Mayor within one or several of the various appro- $75,786,000 and 1,058 full-time equivalent posi- and three passenger-carrying vehicles for use priation headings of this Act, to be allocated tions from Federal funds, $4,343,000 and 44 by the Council of the District of Columbia to the budgets for personal services and full-time equivalent positions from other and purchase of passenger-carrying vehicles nonpersonal services as requested by the funds, and $2,557,000 and 51 full-time equiva- for replacement only, $297,326,000 and 1,914 Mayor and approved by the Council pursuant November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11645 to the procedures in section 4 of the vided by this appropriation title shall be granted by An Act To Establish a District of Reprogramming Policy Act of 1980, effective available only for the specific projects and Columbia Armory Board, and for other pur- September 16, 1980 (D.C. Law 3–100; D.C. purposes intended: Provided further, That poses, approved June 4, 1948 (62 Stat. 339; Code, sec. 47–363), $4,563,000 from local funds: notwithstanding the foregoing, all authoriza- D.C. Code, sec. 2–301 et seq.) and the District Provided, That the District of Columbia shall tions for capital outlay projects, except of Columbia Stadium Act of 1957, approved provide to the Committees on Appropria- those projects covered by the first sentence September 7, 1957 (71 Stat. 619; Public Law tions of the House of Representatives and of section 23(a) of the Federal-Aid Highway 85–300; D.C. Code, sec. 2–321 et seq.): Provided, the Senate quarterly reports by the 15th day Act of 1968, approved August 23, 1968 (82 Stat. That the Mayor shall submit a budget for of the month following the end of the quar- 827; Public Law 90–495; D.C. Code, sec. 7–134, the Armory Board for the forthcoming fiscal ter showing how monies provided under this note), for which funds are provided by this year as required by section 442(b) of the Dis- fund are expended with a final report provid- appropriation title, shall expire on Septem- trict of Columbia Self-Government and Gov- ing a full accounting of the fund due October ber 30, 1997, except authorizations for ernmental Reorganization Act, approved De- 15, 1996 or not later than 15 days after the projects as to which funds have been obli- cember 24, 1973 (87 Stat. 824; Public Law 93– last amount remaining in the fund is dis- gated in whole or in part prior to September 198; D.C. Code, sec. 47–301(b)). bursed. 30, 1997: Provided further, That upon expira- D.C. GENERAL HOSPITAL tion of any such project authorization the INCENTIVE BUYOUT PROGRAM For the District of Columbia General Hos- For the purpose of funding costs associated funds provided herein for the project shall lapse. pital, established by Reorganization Order with the incentive buyout program, to be ap- No. 57 of the Board of Commissioners, effec- portioned by the Mayor of the District of Co- WATER AND SEWER ENTERPRISE FUND tive August 15, 1953, a reduction of $2,487,000 lumbia within the various appropriation For the Water and Sewer Enterprise Fund, and a reduction of 180 full-time equivalent headings in this Act from which costs are $193,398,000 and 1,024 full-time equivalent po- positions in intra-District funds. properly payable, $19,000,000. sitions (end-of-year) (including $188,221,000 D.C. RETIREMENT BOARD OUTPLACEMENT SERVICES and 924 full-time equivalent positions from local funds, $433,000 from other funds, and For the D.C. Retirement Board, established For the purpose of funding outplacement by section 121 of the District of Columbia services for employees who leave the District $4,744,000 and 100 full-time equivalent posi- tions from intra-District funds), of which Comprehensive Retirement Reform Act of of Columbia government involuntarily, 1989, approved November 17, 1989 (93 Stat. 866; $1,500,000. $41,036,000 shall be apportioned and payable to the debt service fund for repayment of D.C. Code, sec. 1–711), $13,417,000 and 11 full- BOARDS AND COMMISSIONS loans and interest incurred for capital im- time equivalent positions (end-of-year) from The Mayor shall reduce appropriations and provement projects. the earnings of the applicable retirement expenditures for boards and commissions For construction projects, $39,477,000, as funds to pay legal, management, investment, under the various headings in this Act in the authorized by An Act authorizing the laying and other fees and administrative expenses amount of $500,000. of water mains and service sewers in the Dis- of the District of Columbia Retirement GOVERNMENT RE-ENGINEERING PROGRAM trict of Columbia, the levying of assessments Board: Provided, That the District of Colum- The Mayor shall reduce appropriations and therefor, and for other purposes, approved bia Retirement Board shall provide to the expenditures for personal and nonpersonal April 22, 1904 (33 Stat. 244; Public Law 58–140; Congress and to the Council of the District services in the amount of $16,000,000 within D.C. Code, sec. 43–1512 et seq.): Provided, That of Columbia a quarterly report of the alloca- one or several of the various appropriation the requirements and restrictions that are tions of charges by fund and of expenditures headings in this Act. applicable to general fund capital improve- of all funds: Provided further, That the Dis- ment projects and set forth in this Act under trict of Columbia Retirement Board shall PERSONAL AND NONPERSONAL SERVICES the Capital Outlay appropriation title shall provide the Mayor, for transmittal to the ADJUSTMENTS apply to projects approved under this appro- Council of the District of Columbia, an item Notwithstanding any other provision of priation title. accounting of the planned use of appro- law, the Mayor shall adjust appropriations priated funds in time for each annual budget LOTTERY AND CHARITABLE GAMES ENTERPRISE and expenditures for personal and submission and the actual use of such funds FUND nonpersonal services, together with the re- in time for each annual audited financial re- lated full-time equivalent positions, in ac- For the Lottery and Charitable Games En- port. cordance with the direction of the District of terprise Fund, established by the District of CORRECTIONAL INDUSTRIES FUND Columbia Financial Responsibility and Man- Columbia Appropriation Act for the fiscal agement Assistance Authority such that year ending September 30, 1982, approved De- For the Correctional Industries Fund, es- there is a net reduction of $148,411,000, within cember 4, 1981 (95 Stat. 1174, 1175; Public Law tablished by the District of Columbia Correc- or among one or several of the various appro- 97–91), as amended, for the purpose of imple- tional Industries Establishment Act, ap- priation headings in this Act, pursuant to menting the Law to Legalize Lotteries, proved October 3, 1964 (78 Stat. 1000; Public section 208 of Public Law 104–8, approved Daily Numbers Games, and Bingo and Raffles Law 88–622), $10,048,000 and 66 full-time equiv- April 17, 1995 (109 Stat. 134). for Charitable Purposes in the District of Co- alent positions (end-of-year) (including lumbia, effective March 10, 1981 (D.C. Law 3– $3,415,000 and 22 full-time equivalent posi- CAPITAL OUTLAY 172; D.C. Code, secs. 2–2501 et seq. and 22–1516 tions from other funds and $6,633,000 and 44 (INCLUDING RESCISSIONS) et seq.), $229,907,000 and 88 full-time equiva- full-time equivalent positions from intra- For construction projects, $168,222,000, as lent positions (end-of-year) (including District funds). authorized by An Act authorizing the laying $8,099,000 and 88 full-time equivalent posi- WASHINGTON CONVENTION CENTER ENTERPRISE of water mains and service sewers in the Dis- tions for administrative expenses and FUND trict of Columbia, the levying of assessments $221,808,000 for non-administrative expenses therefor, and for other purposes, approved from revenue generated by the Lottery For the Washington Convention Center En- April 22, 1904 (33 Stat. 244; Public Law 58–140; Board), to be derived from non-Federal Dis- terprise Fund, $37,957,000, of which $5,400,000 D.C. Code, secs. 43–1512 through 43–1519); the trict of Columbia revenues: Provided, That shall be derived by transfer from the general District of Columbia Public Works Act of the District of Columbia shall identify the fund. 1954, approved May 18, 1954 (68 Stat. 101; Pub- source of funding for this appropriation title DISTRICT OF COLUMBIA FINANCIAL RESPON- lic Law 83–364); An Act to authorize the Com- from the District’s own locally-generated SIBILITY AND MANAGEMENT ASSISTANCE AU- missioners of the District of Columbia to revenues: Provided further, That no revenues THORITY borrow funds for capital improvement pro- from Federal sources shall be used to support For the District of Columbia Financial Re- grams and to amend provisions of law relat- the operations or activities of the Lottery sponsibility and Management Assistance Au- ing to Federal Government participation in and Charitable Games Control Board. thority, established by section 101(a) of the meeting costs of maintaining the Nation’s CABLE TELEVISION ENTERPRISE FUND District of Columbia Financial Responsibil- Capital City, approved June 6, 1958 (72 Stat. For the Cable Television Enterprise Fund, ity and Management Assistance Act of 1995, 183; Public Law 85–451; including acquisition established by the Cable Television Commu- approved April 17, 1995 (109 Stat. 97; Public of sites, preparation of plans and specifica- nications Act of 1981, effective October 22, Law 104–8), $3,500,000. tions, conducting preliminary surveys, erec- 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et tion of structures, including building im- GENERAL PROVISIONS seq.), $2,469,000 and 8 full-time equivalent po- provement and alteration and treatment of SEC. 101. The expenditure of any appropria- sitions (end-of-year) (including $2,137,000 and grounds, to remain available until expended: tion under this Act for any consulting serv- 8 full-time equivalent positions from local Provided, That $105,660,000 appropriated ice through procurement contract, pursuant funds and $332,000 from other funds), of which under this heading in prior fiscal years is re- to 5 U.S.C. 3109, shall be limited to those $690,000 shall be transferred to the general scinded: Provided further, That funds for use contracts where such expenditures are a fund of the District of Columbia. of each capital project implementing agency matter of public record and available for shall be managed and controlled in accord- STARPLEX FUND public inspection, except where otherwise ance with all procedures and limitations es- For the Starplex Fund, $8,637,000 from provided under existing law, or under exist- tablished under the Financial Management other funds for the expenses incurred by the ing Executive order issued pursuant to exist- System: Provided further, That all funds pro- Armory Board in the exercise of its powers ing law. H 11646 CONGRESSIONAL RECORD — HOUSE November 1, 1995

SEC. 102. Except as otherwise provided in Subcommittee, the Subcommittee on Gen- Mayor under subsection (a) of this section this Act, all vouchers covering expenditures eral Services, Federalism, and the District of for any position for any period during the of appropriations contained in this Act shall Columbia, of the Senate Committee on Gov- last quarter of calendar year 1995 shall be be audited before payment by the designated ernmental Affairs, and the Council of the deemed to be the rate of pay payable for that certifying official and the vouchers as ap- District of Columbia, or their duly author- position for September 30, 1995. proved shall be paid by checks issued by the ized representative: Provided, That none of (c) Notwithstanding section 4(a) of the Dis- designated disbursing official. the funds contained in this Act shall be made trict of Columbia Redevelopment Act of 1945, SEC. 103. Whenever in this Act, an amount available to pay the salary of any employee approved August 2, 1946 (60 Stat. 793; Public is specified within an appropriation for par- of the District of Columbia government Law 79–592; D.C. Code, sec. 5–803(a)), the ticular purposes or objects of expenditure, whose name and salary are not available for Board of Directors of the District of Colum- such amount, unless otherwise specified, public inspection. bia Redevelopment Land Agency shall be shall be considered as the maximum amount SEC. 112. There are appropriated from the paid, during any fiscal year, per diem com- that may be expended for said purpose or ob- applicable funds of the District of Columbia pensation at a rate established by the ject rather than an amount set apart exclu- such sums as may be necessary for making Mayor. sively therefor. payments authorized by the District of Co- SEC. 121. Notwithstanding any other provi- SEC. 104. Appropriations in this Act shall lumbia Revenue Recovery Act of 1977, effec- sions of law, the provisions of the District of be available, when authorized by the Mayor, tive September 23, 1977 (D.C. Law 2–20; D.C. Columbia Government Comprehensive Merit for allowances for privately owned auto- Code, sec. 47–421 et seq.). Personnel Act of 1978, effective March 3, 1979 mobiles and motorcycles used for the per- SEC. 113. No part of this appropriation shall (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et formance of official duties at rates estab- be used for publicity or propaganda purposes seq.), enacted pursuant to section 422(3) of lished by the Mayor: Provided, That such or implementation of any policy including the District of Columbia Self-Government rates shall not exceed the maximum prevail- boycott designed to support or defeat legisla- and Governmental Reorganization Act of ing rates for such vehicles as prescribed in tion pending before Congress or any State 1973, approved December 24, 1973 (87 Stat. 790; the Federal Property Management Regula- legislature. Public Law 93–198; D.C. Code, sec. 1–242(3)), tions 101–7 (Federal Travel Regulations). SEC. 114. At the start of the fiscal year, the shall apply with respect to the compensation SEC. 105. Appropriations in this Act shall Mayor shall develop an annual plan, by quar- of District of Columbia employees: Provided, be available for expenses of travel and for ter and by project, for capital outlay borrow- That for pay purposes, employees of the Dis- the payment of dues of organizations con- ings: Provided, That within a reasonable time trict of Columbia government shall not be cerned with the work of the District of Co- after the close of each quarter, the Mayor subject to the provisions of title 5 of the lumbia government, when authorized by the shall report to the Council of the District of United States Code. Mayor: Provided, That the Council of the Dis- Columbia and the Congress the actual bor- SEC. 122. The Director of the Department of trict of Columbia and the District of Colum- rowings and spending progress compared Administrative Services may pay rentals and bia Courts may expend such funds without with projections. repair, alter, and improve rented premises, authorization by the Mayor. SEC. 115. The Mayor shall not borrow any without regard to the provisions of section SEC. 106. There are appropriated from the funds for capital projects unless the Mayor 322 of the Economy Act of 1932 (Public Law applicable funds of the District of Columbia has obtained prior approval from the Council 72–212; 40 U.S.C. 278a), upon a determination such sums as may be necessary for making of the District of Columbia, by resolution, by the Director, that by reason of cir- refunds and for the payment of judgments identifying the projects and amounts to be cumstances set forth in such determination, that have been entered against the District financed with such borrowings. the payment of these rents and the execution of Columbia government: Provided, That SEC. 116. The Mayor shall not expend any of this work, without reference to the limita- nothing contained in this section shall be moneys borrowed for capital projects for the tions of section 322, is advantageous to the construed as modifying or affecting the pro- operating expenses of the District of Colum- District in terms of economy, efficiency, and visions of section 11(c)(3) of title XII of the bia government. the District’s best interest. District of Columbia Income and Franchise SEC. 117. None of the funds appropriated by Tax Act of 1947, approved March 31, 1956 (70 this Act may be obligated or expended by SEC. 123. No later than 30 days after the Stat. 78; Public Law 84–460; D.C. Code, sec. reprogramming except pursuant to advance end of the first quarter of the fiscal year end- 47–1812.11(c)(3)). approval of the reprogramming granted ac- ing September 30, 1996, the Mayor of the Dis- SEC. 107. Appropriations in this Act shall cording to the procedure set forth in the trict of Columbia shall submit to the Council be available for the payment of public assist- Joint Explanatory Statement of the Com- of the District of Columbia the new fiscal ance without reference to the requirement of mittee of Conference (House Report No. 96– year 1996 revenue estimates as of the end of section 544 of the District of Columbia Public 443), which accompanied the District of Co- the first quarter of fiscal year 1996. These es- Assistance Act of 1982, effective April 6, 1982 lumbia Appropriation Act, 1980, approved Oc- timates shall be used in the budget request (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and tober 30, 1979 (93 Stat. 713; Public Law 96–93), for the fiscal year ending September 30, 1997. for the non-Federal share of funds necessary as modified in House Report No. 98–265, and The officially revised estimates at midyear to qualify for Federal assistance under the in accordance with the Reprogramming Pol- shall be used for the midyear report. Juvenile Delinquency Prevention and Con- icy Act of 1980, effective September 16, 1980 SEC. 124. No sole source contract with the trol Act of 1968, approved July 31, 1968 (82 (D.C. Law 3–100; D.C. Code, sec. 47–361 et District of Columbia government or any Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.). agency thereof may be renewed or extended seq.). SEC. 118. None of the Federal funds pro- without opening that contract to the com- SEC. 108. No part of any appropriation con- vided in this Act shall be obligated or ex- petitive bidding process as set forth in sec- tained in this Act shall remain available for pended to provide a personal cook, chauffeur, tion 303 of the District of Columbia Procure- obligation beyond the current fiscal year un- or other personal servants to any officer or ment Practices Act of 1985, effective Feb- less expressly so provided herein. employee of the District of Columbia. ruary 21, 1986 (D.C. Law 6–85; D.C. Code, sec. SEC. 109. No funds appropriated in this Act SEC. 119. None of the Federal funds pro- 1–1183.3), except that the District of Colum- for the District of Columbia government for vided in this Act shall be obligated or ex- bia Public Schools may renew or extend sole the operation of educational institutions, pended to procure passenger automobiles as source contracts for which competition is the compensation of personnel, or for other defined in the Automobile Fuel Efficiency not feasible or practical, provided that the educational purposes may be used to permit, Act of 1980, approved October 10, 1980 (94 determination as to whether to invoke the encourage, facilitate, or further partisan po- Stat. 1824; Public Law 96–425; 15 U.S.C. competitive bidding process has been made litical activities. Nothing herein is intended 2001(2)), with an Environmental Protection in accordance with duly promulgated Board to prohibit the availability of school build- Agency estimated miles per gallon average of Education rules and procedures. ings for the use of any community or par- of less than 22 miles per gallon: Provided, SEC. 125. For purposes of the Balanced tisan political group during non-school That this section shall not apply to security, Budget and Emergency Deficit Control Act hours. emergency rescue, or armored vehicles. of 1985, approved December 12, 1985 (99 Stat. SEC. 110. The annual budget for the Dis- SEC. 120. (a) Notwithstanding section 422(7) 1037; Public Law 99–177), as amended, the trict of Columbia government for the fiscal of the District of Columbia Self-Government term ‘‘program, project, and activity’’ shall year ending September 30, 1997, shall be and Governmental Reorganization Act of be synonymous with and refer specifically to transmitted to the Congress no later than 1973, approved December 24, 1973 (87 Stat. 790; each account appropriating Federal funds in April 15, 1996. Public Law 93–198; D.C. Code, sec. 1–242(7)), this Act, and any sequestration order shall SEC. 111. None of the funds appropriated in the City Administrator shall be paid, during be applied to each of the accounts rather this Act shall be made available to pay the any fiscal year, a salary at a rate established than to the aggregate total of those ac- salary of any employee of the District of Co- by the Mayor, not to exceed the rate estab- counts: Provided, That sequestration orders lumbia government whose name, title, grade, lished for level IV of the Executive Schedule shall not be applied to any account that is salary, past work experience, and salary his- under 5 U.S.C. 5315. specifically exempted from sequestration by tory are not available for inspection by the (b) For purposes of applying any provision the Balanced Budget and Emergency Deficit House and Senate Committees on Appropria- of law limiting the availability of funds for Control Act of 1985, approved December 12, tions, the House Committee on Government payment of salary or pay in any fiscal year, 1985 (99 Stat. 1037; Public Law 99–177), as Reform and Oversight, District of Columbia the highest rate of pay established by the amended. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11647

SEC. 126. In the event a sequestration order and Governmental Reorganization Act (sec. ices rendered in connection with their offi- is issued pursuant to the Balanced Budget 1–233(a), D.C. Code), as amended by section cial duties on the Commission.’’. and Emergency Deficit Control Act of 1985, 108(b)(2) of the District of Columbia Finan- (b) Section 433(b)(5) (title 11, App. 433) is approved December 12, 1985 (99 Stat. 1037: cial Responsibility and Management Assist- amended to read as follows: Public Law 99–177), as amended, after the ance Act of 1995, is amended— ‘‘(5) Members of the Commission shall amounts appropriated to the District of Co- (1) by striking ‘‘or’’ at the end of paragraph serve without compensation for services ren- lumbia for the fiscal year involved have been (9); dered in connection with their official duties paid to the District of Columbia, the Mayor (2) by striking the period at the end of on the Commission.’’. of the District of Columbia shall pay to the paragraph (10) and inserting ‘‘; or’’; and SEC. 136. Section 451 of the District of Co- Secretary of the Treasury, within 15 days (3) by adding at the end the following new lumbia Self-Government and Governmental after receipt of a request therefor from the paragraph: Reorganization Act of 1973, approved Decem- Secretary of the Treasury, such amounts as ‘‘(11) enact any act, resolution, or rule ber 24, 1973 (87 Stat. 803; Public Law 93–198; are sequestered by the order: Provided, That which obligates or expends funds of the Dis- D.C. Code, sec. 1–1130), is amended by adding the sequestration percentage specified in the trict of Columbia (without regard to the a new subsection (c) to read as follows: order shall be applied proportionately to source of such funds) for any abortion, or ‘‘(c)(1) The District may enter into each of the Federal appropriation accounts which appropriates funds to any facility multiyear contracts to obtain goods and in this Act that are not specifically exempt- owned or operated by the District of Colum- services for which funds would otherwise be ed from sequestration by the Balanced Budg- bia in which any abortion is performed, ex- available for obligation only within the fis- et and Emergency Deficit Control Act of cept where the life of the mother would be cal year for which appropriated. 1985, approved December 12, 1985 (99 Stat. endangered if the fetus were carried to term, ‘‘(2) If the funds are not made available for 1037; Public Law 99–177), as amended. or in cases of forcible rape reported within 30 the continuation of such a contract into a SEC. 127. For the fiscal year ending Sep- days to a law enforcement agency, or cases subsequent fiscal year, the contract shall be tember 30, 1996, the District of Columbia of incest reported to a law enforcement agen- cancelled or terminated, and the cost of can- shall pay interest on its quarterly payments cy or child abuse agency prior to the per- cellation or termination may be paid from— to the United States that are made more formance of the abortion.’’. ‘‘(A) appropriations originally available for than 60 days from the date of receipt of an (b) EFFECTIVE DATE.—The amendment the performance of the contract concerned; itemized statement from the Federal Bureau made by subsection (a) shall apply to acts, ‘‘(B) appropriations currently available for of Prisons of amounts due for housing Dis- resolutions, or rules of the Council of the procurement of the type of acquisition cov- trict of Columbia convicts in Federal peni- District of Columbia which take effect in fis- ered by the contract, and not otherwise obli- tentiaries for the preceding quarter. cal years beginning with fiscal year 1996. gated; or SEC. 128. Nothing in this Act shall be con- SEC. 132. None of the funds appropriated in ‘‘(C) funds appropriated for those pay- strued to authorize any office, agency or en- this Act shall be obligated or expended on ments. tity to expend funds for programs or func- any proposed change in either the use or con- tions for which a reorganization plan is re- figuration of, or on any proposed improve- ‘‘(3) No contract entered into under this quired but has not been approved by the ment to, the Municipal Fish Wharf until section shall be valid unless the Mayor sub- Council pursuant to section 422(12) of the such proposed change or improvement has mits the contract to the Council for its ap- District of Columbia Self-Government and been reviewed and approved by Federal and proval and the Council approves the contract Governmental Reorganization Act of 1973, local authorities including, but not limited (in accordance with criteria established by approved December 24, 1973 (87 Stat. 790; Pub- to, the National Capital Planning Commis- act of the Council). The Council shall be re- lic Law 93–198; D.C. Code, sec. 1–242(12)) and sion, the Commission of Fine Arts, and the quired to take affirmative action to approve the Governmental Reorganization Proce- Council of the District of Columbia, in com- the contract within 45 days. If no action is dures Act of 1981, effective October 17, 1981 pliance with applicable local and Federal taken to approve the contract within 45 cal- (D.C. Law 4–42; D.C. Code, secs. 1–299.1 to 1– laws which require public hearings, compli- endar days, the contract shall be deemed dis- 299.7). Appropriations made by this Act for ance with applicable environmental regula- approved.’’. such programs or functions are conditioned tions including, but not limited to, any SEC. 137. The District of Columbia Real on the approval by the Council, prior to Oc- amendments to the Washington, D.C. urban Property Tax Revision Act of 1974, approved tober 1, 1995, of the required reorganization renewal plan which must be approved by September 3, 1974 (88 Stat. 1051; D.C. Code, plans. both the Council of the District of Columbia sec. 47–801 et seq.), is amended as follows: SEC. 129. (a) An entity of the District of Co- and the National Capital Planning Commis- (1) Section 412 (D.C. Code, sec. 47–812) is lumbia government may accept and use a sion. amended as follows: gift or donation during fiscal year 1996 if— SEC. 133. (a) SENSE OF CONGRESS.—It is the (A) Subsection (a) is amended by striking (1) the Mayor approves the acceptance and sense of the Congress that, to the greatest the third and fourth sentences and inserting use of the gift or donation: Provided, That extent practicable, all equipment and prod- the following sentences in their place: ‘‘If the Council of the District of Columbia may ucts purchased with funds made available in the Council does extend the time for estab- accept and use gifts without prior approval this Act should be American-made. lishing the rates of taxation on real prop- by the Mayor; and (b) NOTICE REQUIREMENT.—In providing fi- erty, it must establish those rates for the tax (2) the entity uses the gift or donation to nancial assistance to, or entering into any year by permanent legislation. If the Council carry out its authorized functions or duties. contract with, any entity using funds made does not establish the rates of taxation of (b) Each entity of the District of Columbia available in this Act, the head of each agen- real property by October 15, and does not ex- government shall keep accurate and detailed cy of the Federal or District of Columbia tend the time for establishing rates, the records of the acceptance and use of any gift government, to the greatest extent prac- rates of taxation applied for the prior year or donation under subsection (a) of this sec- ticable, shall provide to such entity a notice shall be the rates of taxation applied during tion, and shall make such records available describing the statement made in subsection the tax year.’’. for audit and public inspection. (a) by the Congress. (B) A new subsection (a–2) is added to read SEC. 134. No funds made available pursuant (c) For the purposes of this section, the as follows: to any provision of this Act shall be used to term ‘‘entity of the District of Columbia ‘‘(a–2) Notwithstanding the provisions of implement or enforce any system of registra- government’’ includes an independent agen- subsection (a) of this section, the real prop- tion of unmarried, cohabiting couples wheth- cy of the District of Columbia. erty tax rates for taxable real property in er they are homosexual, lesbian, or hetero- (d) This section shall not apply to the Dis- the District of Columbia for the tax year be- sexual, including but not limited to registra- trict of Columbia Board of Education, which ginning October 1, 1995, and ending Septem- tion for the purpose of extending employ- may, pursuant to the laws and regulations of ber 30, 1996, shall be the same rates in effect ment, health, or governmental benefits to the District of Columbia, accept and use for the tax year beginning October 1, 1993, such couples on the same basis such benefits gifts to the public schools without prior ap- and ending September 30, 1994.’’. are extended to legally married couples; nor proval by the Mayor. (2) Section 413(c) (D.C. Code, sec. 47–815(c)) shall any funds made available pursuant to SEC. 130. None of the Federal funds pro- is repealed. any provision of this Act otherwise be used vided in this Act may be used by the District SEC. 138. Title 18 U.S.C. 1761(b) is amended of Columbia to provide for salaries, expenses, to implement or enforce D.C. Act 9–188, signed by the Mayor of the District of Co- by striking the period at the end and insert- or other costs associated with the offices of ing the phrase ‘‘or not-for-profit organiza- United States Senator or United States Rep- lumbia on April 15, 1992. SEC. 135. Sections 431(f) and 433(b)(5) of the tions.’’ in its place. resentatives under section 4(d) of the Dis- District of Columbia Self-Government and SEC. 139. Within 120 days of the effective trict of Columbia Statehood Constitutional Governmental Reorganization Act, approved date of this Act, the Mayor shall submit to Convention Initiatives of 1979, effective December 24, 1973 (87 Stat. 813; Public Law the Congress and the Council a report delin- March 10, 1981 (D.C. Law 3–171; D.C. Code, 93–198; D.C. Code, secs. 11–1524 and title 11, eating the actions taken by the executive to sec. 1–113(d)). App. 433), are amended to read as follows: effect the directives of the Council in this PROHIBITION AGAINST USE OF FUNDS FOR (a) Section 431(f) (D.C. Code, sec. 11–1524) is Act, including— ABORTIONS amended to read as follows: (1) negotiations with representatives of SEC. 131. (a) IN GENERAL.—Section 602(a) of ‘‘(f) Members of the Tenure Commission collective bargaining units to reduce em- the District of Columbia Self-Government shall serve without compensation for serv- ployee compensation; H 11648 CONGRESSIONAL RECORD — HOUSE November 1, 1995 (2) actions to restructure existing long- total payments made for the contract and tion 442 of the District of Columbia Self-Gov- term city debt; any modifications, extensions, renewals; and ernment and Governmental Reorganization (3) actions to apportion the spending re- specific modifications made to each contract Act, Public Law 93–198, as amended (D.C. ductions anticipated by the directives of this in the last month; Code, sec. 47–301), or before submitting their Act to the executive for unallocated reduc- (5) all reprogramming requests and reports respective budgets directly to the Council. tions; and that have been made by the University of the SEC. 145. Notwithstanding any other provi- (4) a list of any position that is backfilled District of Columbia within the last month sion of law, rule, or regulation, the evalua- including description, title, and salary of the in compliance with applicable law; and tion process and instruments for evaluating position. (6) changes made in the last month to the District of Columbia Public Schools employ- SEC. 140. The Board of Education shall sub- organizational structure of the University of ees shall be a non-negotiable item for collec- mit to the Congress, Mayor, and Council of the District of Columbia, displaying previous tive bargaining purposes. the District of Columbia no later than fif- and current control centers and responsibil- SEC. 146. (a) No agency, including an inde- teen (15) calendar days after the end of each ity centers, the names of the organizational pendent agency, shall fill a position wholly month a report that sets forth— entities that have been changed, the name of funded by appropriations authorized by this (1) current month expenditures and obliga- the staff member supervising each entity af- Act, which is vacant on October 1, 1995, or tions, year-to-date expenditures and obliga- fected, and the reasons for the structural becomes vacant between October 1, 1995, and tions, and total fiscal year expenditure pro- change. September 30, 1996, unless the Mayor or inde- jections vs. budget broken out on the basis of SEC. 142. (a) The Board of Education of the pendent agency submits a proposed resolu- control center, responsibility center, agency District of Columbia and the University of tion of intent to fill the vacant position to reporting code, and object class, and for all the District of Columbia shall annually com- the Council. The Council shall be required to funds, including capital financing; pile an accurate and verifiable report on the take affirmative action on the Mayor’s reso- (2) a breakdown of FTE positions and staff positions and employees in the public school lution within 30 legislative days. If the Coun- for the most current pay period broken out system and the university, respectively. The cil does not affirmatively approve the resolu- on the basis of control center, responsibility annual report shall set forth— tion within 30 legislative days, the resolu- center, and agency reporting code within (1) the number of validated schedule A po- tion shall be deemed disapproved. each responsibility center, for all funds, in- sitions in the District of Columbia Public (b) No reduction in the number of full-time cluding capital funds; Schools and the University of the District of equivalent positions or reduction-in-force (3) a list of each account for which spend- Columbia for fiscal year 1995, fiscal year 1996, due to privatization or contracting out shall ing is frozen and the amount of funds frozen, and thereafter on full-time equivalent basis, occur if the District of Columbia Financial broken out by control center, responsibility including a compilation of all positions by Responsibility and Management Assistance center, detailed object, and agency reporting control center, responsibility center, funding Authority, established by section 101(a) of code, and for all funding sources; source, position type, position title, pay the District of Columbia Financial Respon- (4) a list of all active contracts in excess of plan, grade, and annual salary; and sibility and Management Assistance Act of $10,000 annually, which contains; the name of (2) a compilation of all employees in the 1995, approved April 17, 1995 (109 Stat. 97; each contractor; the budget to which the District of Columbia Public Schools and the Public Law 104–8), disallows the full-time contract is charged broken out on the basis University of the District of Columbia as of equivalent position reduction provided in of control center, responsibility center, and the preceding December 31, verified as to its this act in meeting the maximum ceiling of agency reporting code; and contract identify- accuracy in accordance with the functions 35,771 for the fiscal year ending September ing codes used by the D.C. Public Schools; that each employee actually performs, by 30, 1996. payments made in the last month and year- control center, responsibility center, agency (c) This section shall not prohibit the ap- to-date, the total amount of the contract reporting code, program (including funding propriate personnel authority from filling a and total payments made for the contract source), activity, location for accounting vacant position with a District government and any modifications, extensions, renewals; purposes, job title, grade and classification, employee currently occupying a position and specific modifications made to each con- annual salary, and position control number. that is funded with appropriated funds. tract in the last month; (b) The annual report required by sub- (d) This section shall not apply to local (5) all reprogramming requests and reports section (a) of this section shall be submitted school-based teachers, school-based officers, that are required to be, and have been, sub- to the Congress, the Mayor and Council of or school-based teachers’ aides; or court per- mitted to the Board of Education; and the District of Columbia, by not later than sonnel covered by title 11 of the D.C Code, (6) changes made in the last month to the February 8 of each year. except chapter 23. organizational structure of the D.C. Public SEC. 143. (a) Not later than October 1, 1995, SEC. 147. (a) Not later than 15 days after Schools, displaying previous and current or within 15 calendar days after the date of the end of every fiscal quarter (beginning Oc- control centers and responsibility centers, the enactment of the District of Columbia tober 1, 1995), the Mayor shall submit to the the names of the organizational entities that Appropriations Act, 1996, whichever occurs Council a report with respect to the employ- have been changed, the name of the staff later, and each succeeding year, the Board of ees on the capital project budget for the pre- member supervising each entity affected, Education and the University of the District vious quarter. and the reasons for the structural change. of Columbia shall submit to the Congress, (b) Each report submitted pursuant to sub- SEC. 141. The University of the District of the Mayor, and Council of the District of Co- section (a) of this section shall include the Columbia shall submit to the Congress, lumbia, a revised appropriated funds operat- following information— Mayor, and Council of the District of Colum- ing budget for the public school system and (1) a list of all employees by position, title, bia no later than fifteen (15) calendar days the University of the District of Columbia grade and step; after the end of each month a report that for such fiscal year that is in the total (2) a job description, including the capital sets forth— amount of the approved appropriation and project for which each employee is working; (1) current month expenditures and obliga- that realigns budgeted data for personal (3) the date that each employee began tions, year-to-date expenditures and obliga- services and other-than-personal services, re- working on the capital project and the end- tions, and total fiscal year expenditure pro- spectively, with anticipated actual expendi- ing date that each employee completed or is jections vs. budget broken out on the basis of tures. projected to complete work on the capital control center, responsibility center, and ob- (b) The revised budget required by sub- project; and ject class, and for all funds, including capital section (a) of this section shall be submitted (4) a detailed explanation justifying why financing; in the format of the budget that the Board of each employee is being paid with capital (2) a breakdown of FTE positions and all Education and the University of the District funds. employees for the most current pay period of Columbia submit to the Mayor of the Dis- SEC. 148. The District of Columbia Govern- broken out on the basis of control center and trict of Columbia for inclusion in the May- ment Comprehensive Merit Personnel Act of responsibility center, for all funds, including or’s budget submission to the Council of the 1978, effective March 3, 1979 (D.C. Law 2–139; capital funds. District of Columbia pursuant to section 442 D.C. Code, sec. 1–601.1 et seq.), is amended as (3) a list of each account for which spend- of the District of Columbia Self-Government follows: ing is frozen and the amount of funds frozen, and Governmental Reorganization Act, Pub- (a) Section 301 (D.C. Code, sec. 1–603.1) is broken out by control center, responsibility lic Law 93–198, as amended (D.C. Code, sec. amended as follows: center, detailed object, and for all funding 47–301). (1) A new paragraph (13A) is added to read sources; SEC. 144. The Board of Education, the as follows: (4) a list of all active contracts in excess of Board of Trustees of the University of the ‘‘(13A) ‘Nonschool-based personnel’ means $10,000 annually, which contains: the name of District of Columbia, the Board of Library any employee of the District of Columbia each contractor; the budget to which the Trustees, and the Board of Governors of the Public Schools who is not based at a local contract is charged broken out on the basis D.C. School of Law shall vote on and approve school or who does not provide direct serv- of control center and responsibility center, their respective annual or revised budgets ices to individual students.’’. and contract identifying codes used by the before submission to the Mayor of the Dis- (2) A new paragraph (15A) is added to read University of the District of Columbia; pay- trict of Columbia for inclusion in the May- as follows: ments made in the last month and year-to- or’s budget submission to the Council of the ‘‘(15A) ‘School administrators’ means prin- date, the total amount of the contract and District of Columbia in accordance with sec- cipals, assistant principals, school program November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11649 directors, coordinators, instructional super- Health and Human Services at Saint Eliza- will utilize alternative management, includ- visors, and support personnel of the District beths Hospital who accepted employment ing the private sector, for the operation of of Columbia Public Schools.’’. with the District government on October 1, correctional facilities for the District, and (b) Section 801A(b)(2) (D.C. Code, sec. 1– 1987, and has not had a break in service since shall include provisions describing the treat- 609.1(b)(2)) is amended by adding a new sub- that date, shall be considered a District resi- ment under such alternative management paragraph (L–i) to read as follows: dent. (including under contracts) of site selection, ‘‘(L–i) Notwithstanding any other provi- ‘‘(f) Each employee selected for separation design, financing, construction, and oper- sion of law, the Board of Education shall not pursuant to this section shall be given writ- ation of correctional facilities for the Dis- issue rules that require or permit nonschool- ten notice of at least 30 days before the effec- trict. based personnel or school administrators to tive date of his or her separation. (D) The plan shall include an implementa- be assigned or reassigned to the same com- ‘‘(g) Neither the establishment of a com- tion schedule, together with specific per- petitive level as classroom teachers;’’ petitive area smaller than an agency, nor the formance measures and timelines to deter- (c) Section 2402 (D.C. Code, sec. 1–625.2) is determination that a specific position is to mine the extent to which the District is amended by adding a new subsection (f) to be abolished, nor separation pursuant to this meeting the schedule during the transition read as follows: section shall be subject to review except as period. ‘‘(f) Notwithstanding any other provision follows— (E) Under the plan, the Mayor of the Dis- of law, the Board of Education shall not re- ‘‘(1) an employee may file a complaint con- trict of Columbia shall submit a semi-annual quire or permit nonschool- based personnel testing a determination or a separation pur- report to the President, Congress, and the or school administrators to be assigned or suant to title XV of this Act or section 303 of District of Columbia Financial Responsibil- reassigned to the same competitive level as the Human Rights Act of 1977, effective De- ity and Management Assistance Authority classroom teachers.’’. cember 13, 1977 (D.C. Law 2–38; D.C. Code, sec. describing the actions taken by the District SEC. 149. (a) Notwithstanding any other 1–2543); and under the plan, and in addition shall regu- provision of law, rule, or regulation, an em- ‘‘(2) an employee may file with the Office larly report to the President, Congress, and ployee of the District of Columbia Public of Employee Appeals an appeal contesting the District of Columbia Financial Respon- Schools shall be— that the separation procedures of sub- sibility and Management Assistance Author- (1) classified as an Educational Service em- sections (d) and (f) of this section were not ity on all significant measures taken under ployee’ properly applied. the plan as soon as such measures are taken. (2) placed under the personnel authority of ‘‘(h) An employee separated pursuant to (b) CONSISTENCY WITH FINANCIAL PLAN AND the Board of Education; and this section shall be entitled to severance BUDGET.—In developing the plan under sub- (3) subject to all Board of Education rules. pay in accordance with title XI of this Act, section (a), the District of Columbia shall (b) School-based personnel shall constitute except that the following shall be included in ensure that for each of the years during a separate competitive area from nonschool- computing creditable service for severance which the plan is in effect, the plan shall be based personnel who shall not compete with pay for employees separated pursuant to this consistent with the financial plan and budg- school-based personnel for retention pur- section— et for the District of Columbia for the year poses. ‘‘(1) four years for an employee who quali- under subtitle A of title II of the District of SEC. 150. The District of Columbia Govern- fied for veteran’s preference under this act, Columbia Financial Responsibility and Man- ment Comprehensive Merit Personnel Act of and agement Assistance Act of 1995. 1978, effective March 3, 1979 (D.C. Law 2–139; ‘‘(2) three years for an employee who quali- (c) SUBMISSION OF PLAN.—Upon completing D.C. Code, sec. 1–601.1 et seq.), is amended as fied for residency preference under this act. the development of the plan under sub- follows: ‘‘(i) Separation pursuant to this section section (a), the District of Columbia shall (a) Section 2401 (D.C. Code, sec. 1–625.1) is shall not affect an employee’s rights under submit the plan to the President, Congress, amended by amending the third sentence to either the Agency Reemployment Priority and the District of Columbia Financial Re- read as follows: ‘‘A personnel authority may Program or the Displaced Employee Pro- sponsibility and Management Assistance Au- establish lesser competitive areas within an gram established pursuant to Chapter 24 of thority. agency on the basis of all or a clearly identi- the District Personnel Manual. ‘‘(j) The Mayor shall submit to the Council PROHIBITION AGAINST ADOPTION BY fiable segment of an agency’s mission or a UNMARRIED COUPLES division or major subdivision of an agency.’’. a listing of all positions to be abolished by (b) A new section 2406 is added to read as agency and responsibility center by March 1, SEC. 153. Section 16–302, D.C. Code, is follows: 1996, or upon the delivery of termination no- amended— ‘‘SEC. 2406. Abolishment of positions for tices to individual employees. (1) by striking ‘‘Any person’’ and inserting Fiscal Year 1996. ‘‘(k) Notwithstanding the provisions of sec- ‘‘(a) Subject to subsection (b), any person’’; ‘‘(a) Notwithstanding any other provision tion 1708 or section 2402(d), the provisions of and of law, regulation, or collective bargaining this act shall not be deemed negotiable. (2) by adding at the end the following sub- agreement either in effect or to be nego- ‘‘(l) A personnel authority shall cause a 30- section: tiated while this legislation is in effect for day termination notice to be served, no later ‘‘(b) No person may join in a petition under the fiscal year ending September 30, 1996, than September 1, 1996, on any incumbent this section unless the person is the spouse each agency head is authorized, within the employee remaining in any position identi- of the petitioner.’’. agency head’s discretion, to identify posi- fied to be abolished pursuant to subsection The CHAIRMAN. Are there further (b) of this section’’. tions for abolishment. amendments to the bill? ‘‘(b) Prior to February 1, 1996, each person- SEC. 151. Notwithstanding any other provi- AMENDMENT OFFERED BY MR. DAVIS nel authority shall make a final determina- sion of law, the total amount appropriated in tion that a position within the personnel au- this Act for operating expenses for the Dis- Mr. DAVIS. Mr. Chairman, I offer an thority is to be abolished. trict of Columbia for fiscal year 1996 under amendment. ‘‘(c) Notwithstanding any rights or proce- the caption ‘‘Division of Expenses’’ shall not The Clerk read as follows: exceed $4,867,283,000. dures established by any other provision of Amendment offered by Mr. DAVIS: Insert at REQUIRING DEVELOPMENT OF PLAN TO CLOSE this title, any District government em- the appropriate place the following new sec- LORTON CORRECTIONAL COMPLEX ployee, regardless of date of hire, who en- tion: cumbers a position identified for abolish- SEC. 152. (a) DEVELOPMENT OF PLAN.— TECHNICAL CORRECTIONS TO FINANCIAL RESPON- ment shall be separated without competition (1) IN GENERAL.—Not later than February or assignment rights, except as provided in 15, 1996, the District of Columbia shall de- SIBILITY AND MANAGEMENT ASSISTANCE ACT this section. velop a plan for closing the Lorton Correc- SEC. . (a) REQUIRING GSA TO PROVIDE ‘‘(d) An employee effected by the abolish- tional Complex over a transition period not SUPPORT SERVICES.—Section 103(f) of the Dis- ment of a position pursuant to this section to exceed 5 years in length. trict of Columbia Financial Responsibility who, but for this section would be entitled to (2) REQUIREMENTS OF PLAN.—The plan de- and Management Assistance Act of 1995 is compete for retention, shall be entitled to 1 veloped by the District of Columbia under amended by striking ‘‘may provide’’ and in- round of lateral competition pursuant to paragraph (1) shall meet the following re- serting ‘‘shall promptly provide’’. Chapter 24 of the District of Columbia Per- quirements: (b) AVAILABILITY OF CERTAIN FEDERAL BEN- sonnel Manual, which shall be limited to po- (A) Under the plan, the Lorton Correc- EFITS FOR INDIVIDUALS WHO BECOME EM- sitions in the employee’s competitive level. tional Complex will be closed by the expira- PLOYED BY THE AUTHORITY.— ‘‘(e) Each employee who is a bona fide resi- tion of the transition period. (1) FORMER FEDERAL EMPLOYEES.—Sub- dent of the District of Columbia shall have (B) Under the plan, the District of Colum- section (e) of section 102 of such Act is added 5 years to his or her creditable service bia may not operate any correctional facili- amended to read as follows: for reduction-in-force purposes. For purposes ties on the Federal property known as the ‘‘(e) PRESERVATION OF RETIREMENT AND of this subsection only, a nonresident Dis- Lorton Complex located in Fairfax County, CERTAIN OTHER RIGHTS OF FEDERAL EMPLOY- trict employee who was hired by the District Virginia, after the expiration of the transi- EES WHO BECOME EMPLOYED BY THE AUTHOR- government prior to January 1, 1980, and has tion period. ITY.— not had a break in service since that date, or (C) The plan shall include provisions speci- ‘‘(1) IN GENERAL.—Any Federal employee a former employee of the U.S. Department of fying how and to what extent the District who becomes employed by the Authority— H 11650 CONGRESSIONAL RECORD — HOUSE November 1, 1995 ‘‘(A) may elect, for the purposes set forth fied, while such election remains in effect, agement Assistance Authority during the pe- in paragraph (2)(A), to be treated, for so long from participating in any of the programs re- riod beginning on the date of enactment of as that individual remains continuously em- ferred to in the other such subparagraph. this Act and ending on the day before the ef- ployed by the Authority, as if such individ- ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE fective date of such regulations; ual had not separated from service with the OR AGENCY’.—For purposes of paragraph (1), (II) would have been eligible to make an Federal Government, subject to paragraph the term ‘corresponding office or agency of election under such regulations had those (3); and the government of the District of Columbia’ regulations been in effect when such individ- ‘‘(B) shall, if such employee subsequently means, with respect to any program adminis- ual became so employed; and becomes reemployed by the Federal Govern- tered by the Office of Personnel Manage- (III) is not then participating in any pro- ment, be entitled to have such individual’s ment, the office or agency responsible for ad- gram of the government of the District of service with the Authority treated, for pur- ministering the corresponding program (if Columbia referred to in subsection (f)(1)(B) poses of determining the appropriate leave any) offered by the government of the Dis- of such section 102 (as so amended). accrual rate, as if it had been service with trict of Columbia. (c) EXEMPTION FROM LIABILITY FOR CLAIMS the Federal Government. ‘‘(4) THRIFT SAVINGS PLAN.—To the extent FOR AUTHORITY EMPLOYEES.—Section 104 of ‘‘(2) EFFECT OF AN ELECTION.—An election that the Thrift Savings Plan is involved, the such Act is amended— made by an individual under the provisions preceding provisions of this subsection shall (1) by striking ‘‘the Authority and its of paragraph (1)(A)— be applied by substituting ‘the Executive Di- members’’ and inserting ‘‘the Authority, its ‘‘(A) shall qualify such individual for the rector referred to in section 8474 of title 5, members, and its employees’’; and treatment described in such provisions for United States Code’ for ‘the Office of Person- (2) by striking ‘‘the District of Columbia’’ purposes of— nel Management’.’’. and inserting ‘‘the Authority or its members ‘‘(i) chapter 83 or 84 of title 5, United (3) EFFECTIVE DATE; ADDITIONAL ELECTION or employees or the District of Columbia’’. States Code, as appropriate (relating to re- FOR FORMER FEDERAL EMPLOYEES SERVING ON (d) PERMITTING REVIEW OF EMERGENCY LEG- tirement), including the Thrift Savings Plan; DATE OF ENACTMENT; ELECTION FOR EMPLOY- ISLATION.—Section 203(a)(3) of such Act is ‘‘(ii) chapter 87 of such title (relating to EES APPOINTED DURING INTERIM PERIOD.— amended by striking subparagraph (C). life insurance); and (A) EFFECTIVE DATE.—Not later than 6 ‘‘(iii) chapter 89 of such title (relating to months after the date of enactment of this Mr. DAVIS (during the reading). Mr. health insurance); and Act, there shall be prescribed (and take ef- Chairman, I ask unanimous consent ‘‘(B) shall disqualify such individual, while fect)— that the amendment be considered as such election remains in effect, from partici- (i) regulations to carry out the amend- read and printed in the RECORD. pating in the programs offered by the gov- ments made by this subsection; and The CHAIRMAN. Is there objection ernment of the District of Columbia (if any) (ii) any other regulations necessary to to the request of the gentleman from corresponding to the respective programs re- carry out this subsection. Virginia? ferred to in subparagraph (A). (B) ADDITIONAL ELECTION FOR FORMER FED- ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF- ERAL EMPLOYEES SERVING ON DATE OF ENACT- There was no objection. FECTIVE.—An election made by an individual MENT.— The CHAIRMAN. Pursuant to the under paragraph (1)(A) shall be ineffective (i) IN GENERAL.—Any former Federal em- rule, the gentleman from Virginia [Mr. unless— ployee employed by the Authority on the ef- DAVIS] and a Member opposed will each ‘‘(A) it is made before such individual sepa- fective date of the regulations referred to in be recognized for 15 minutes. rates from service with the Federal Govern- subparagraph (A)(i) may, within such period The Chair recognizes the gentleman ment; and as may be provided for under those regula- from Virginia [Mr. DAVIS]. ‘‘(B) such individual’s service with the Au- tions, make an election similar, to the maxi- thority commences within 3 days after so mum extent practicable, to the election pro- (Mr. DAVIS asked and was given per- separating (not counting any holiday ob- vided for under section 102(e) of the District mission to revise and extend his re- served by the government of the District of of Columbia Financial Responsibility and marks.) Columbia). Management Assistance Act of 1995, as Mr. DAVIS. Mr. Chairman, I yield ‘‘(4) CONTRIBUTIONS.—If an individual amended by this subsection. Such regula- myself such time as I may consume. makes an election under paragraph (1)(A), tions shall be prescribed jointly by the Office Mr. Chairman, as chairman of the the Authority shall, in accordance with ap- of Personnel Management and each cor- District of Columbia Subcommittee of plicable provisions of law referred to in para- responding office or agency of the govern- graph (2)(A), be responsible for making the ment of the District of Columbia (in the the Committee on Government Reform same deductions from pay and the same same manner as provided for in section 102(f) and Oversight, I offer this amendment agency contributions as would be required if of such Act, as so amended). to the District of Columbia appropria- it were a Federal agency. (ii) EXCEPTION.—An election under this tions bill of 1996. ‘‘(5) REGULATIONS.—Any regulations nec- subparagraph may not be made by any indi- Mr. Chairman, I offer this amendment to the essary to carry out this subsection shall be vidual who— District of Columbia appropriations bill of 1996, prescribed by— (I) is not then participating in a retire- H.R. 2546, as chairman of the District of Co- ‘‘(A) the Office of Personnel Management, ment system for Federal employees (dis- to the extent that any program administered regarding Social Security); or lumbia Subcommittee of the Government Re- by the Office is involved; (II) is then participating in any program of form and Oversight Committee. I also offer ‘‘(B) the appropriate office or agency of the the government of the District of Columbia this amendment as chief sponsor of Public government of the District of Columbia, to referred to in section 102(e)(2)(B) of such Act Law 104±8, the District of Columbia Financial the extent that any program administered (as so amended). Responsibility and Management Assistance by such office or agency is involved; and (C) ELECTION FOR EMPLOYEES APPOINTED Authority, H.R. 1345. ‘‘(C) the Executive Director referred to in DURING INTERIM PERIOD.— This Congress can take great pride in the section 8474 of title 5, United States Code, to (i) FROM THE FEDERAL GOVERNMENT.—Sub- landmark legislation we enacted this past the extent that the Thrift Savings Plan is in- section (e) of section 102 of the District of volved.’’. Columbia Financial Responsibility and Man- spring for the District of Columbia. Public Law (2) OTHER INDIVIDUALS.—Section 102 of such agement Assistance Act of 1995 (as last in ef- 104±8, which passed unanimously, averted a Act is further amended by adding at the end fect before the date of enactment of this Act) financial catastrophe and put the Nation's the following: shall be deemed to have remained in effect Capital on a glidepath towards economic re- ‘‘(f) FEDERAL BENEFITS FOR OTHERS.— for purposes of any Federal employee who covery. It is an honor for me to be presiding ‘‘(1) IN GENERAL.—The Office of Personnel becomes employed by the District of Colum- as chairman of the District's Oversight Sub- Management, in conjunction with each cor- bia Financial Responsibility and Manage- committee, the Authorizing Subcommittee, at responding office or agency of the govern- ment Assistance Authority during the period this historic time. Not only the District, but the ment of the District of Columbia, shall pre- beginning on such date of enactment and scribe regulations under which any individ- ending on the day before the effective date of Washington metropolitan region, and the en- ual who becomes employed by the Authority the regulations prescribed to carry out sub- tire country all share a vital stake in the suc- (under circumstances other than as described paragraph (B). cessful outcome of what we have initiated. in subsection (e)) may elect either— (ii) OTHER INDIVIDUALS.—The regulations The amendment that I offer today is not only ‘‘(A) to be deemed a Federal employee for prescribed to carry out subsection (f) of sec- consistent with what we began but necessary purposes of the programs referred to in sub- tion 102 of the District of Columbia Finan- to carry forward the work of the new Authority. section (e)(2)(A)(i)–(iii); or cial Responsibility and Management Assist- The amendment is technical in nature, and ‘‘(B) to participate in 1 or more of the cor- ance Act of 1995 (as amended by this sub- responding programs offered by the govern- section) shall include provisions under which conforms to the legislative intent of Public Law ment of the District of Columbia. an election under such subsection shall be 104±8. The substance of the amendment is ‘‘(2) EFFECT OF AN ELECTION.—An individual available to any individual who— noncontroversial. It is being offered as an who elects the option under subparagraph (I) becomes employed by the District of Co- amendment to the appropriations bill in order (A) or (B) of paragraph (1) shall be disquali- lumbia Financial Responsibility and Man- to expedite the technical corrections that are November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11651 required to enable the Authority to operate in Authority and those who act on its behalf from ance and hard work on this amendment the most efficient manner possible and to fulfill claims arising from their official actions. by the gentleman from California [Mr. its responsibilities. The amendment does noth- 7. The amendment deletes section DORNAN]. ing more than to give the Authority tools to do 203(a)(3)(C) in its entirety, as it inadvertently Mr. Chairman, this is a bipartisan the job mandated by Congress. undermines the fundamental responsibilities of amendment that would allow the Dis- 1. The amendment changes section the Authority, contrary to the clear legislative trict of Columbia to collect an addi- 102(e)(1)(A) to insure, as intended by the leg- intent of the statute as a whole. A significant tional $1.6 million in badly needed rev- islation, the Federal employees joining the Au- amount of District legislation is now being en- enue for their operations. thority may elect to have their service with the acted on an emergency basis, thus making it My amendment would eliminate the Authority treated as if performed within the exempt from the Authority's power to consider special exemption, the special privilege Federal Government for purposes of the thrift under the existing section. Even if a particular currently granted under a congres- savings plan, health insurance, life insurance, enactment is later made permanent, thus sub- sional charter to the National Edu- and any other Federal benefit program. The jecting it to the Authority's review, rights could cation Association. This is an amend- statute already provides such persons that in the meantime be created or claimed under ment that would reserve a special election for purposes of the Federal retirement the emergency legislation and objections as- privilege that has been on the books program. The omission of the other programs serted to any subsequent disapproval by the for a long time. in the statutory language was clearly inadvert- Authority. This would frustrate the very pur- Mr. Chairman, the NEA was officially ent. pose of creating the Authority. Emergency leg- judged to be a union by the Internal 2. The amendment changes section islation can clearly have a substantial fiscal Revenue Service, but nonetheless it is 102(e)(2)(B) to clarify congressional intent and impact while it is in force and effect. The cur- put in a special category aside from make clear that an individual electing cov- rent section is not only an undesirable and other unions that all pay taxes in the erage under the Federal programs referred to significant dilution of the Authority's ability to District of Columbia. So, we are trying in section 102(e)(1)(A) will not be entitled to function, but it also casts doubt on the to simply give the District of Columbia double coverage under comparable District Authority's ability to require that emergency the privilege of levying local property Government programs. This change merely legislation be reviewed, separate and apart taxes on the National Education Asso- conforms the sections. from the issue of approval or disapproval. ciation. 3. The amendment changes section Eliminating this section would remove any 102(e)(3) to provide that the Office of Person- doubt as to legislative intent on this point and Mr. Chairman, I would like to point nel Management, in promulgating regulations enhance the authority's basic ability to function out that we are not in any way singling authorized by section 102(e) must consult with in accordance with its congressional mandate. out the NEA for any kind of special the Authority as well as with the District gov- Mr. DIXON. Mr. Chairman, will the target or treatment. Other unions like ernment. This change is necessary because gentleman yield? the AFL–CIO, the Teamsters, they all when OPM first promulgated interim regula- Mr. DAVIS. I yield to the gentleman pay taxes. The American Federation of tions, as it was authorized by the statute to from California. Teachers pays taxes. We would not do, it failed to consult with the Authority or Mr. DIXON. Mr. Chairman, the mi- want these groups to have a local spe- even send on its own initiative a copy of the nority has no objections to the gentle- cial-privilege exemption like the NEA proposed regulations to the Authority. This man’s amendment. any more than we would want the U.S. change is consistent with the clear legislative Mr. WALSH. Mr. Chairman, will the Chamber of Commerce to have an ex- intent in the statute that the Authority should gentleman yield? emption or the NFIB or any group that be consulted. Mr. DAVIS. I yield to the gentleman would currently exist for similar pur- 4. The amendment changes section 102(f) from New York. poses that is advocating positions here in order to carry out the policy mandate cre- Mr. WALSH. Mr. Chairman, I rise in and in neighborhoods across the coun- ated in section 102(e). It clarifies that persons support of the gentleman’s amendment try. employed by the Authority have an election to and urge its adoption. There is no other group currently on be treated as if they were employees of the Mr. DAVIS. Mr. Chairman, I urge the list of congressionally chartered Federal Government or employees of the Dis- adoption of the amendment. organizations that is not a charity that trict of Columbia government for purposes of The CHAIRMAN. The question is on falls under this exemption. In other the retirement system, health insurance, and the amendment offered by the gen- words, the NEA is the only noncharity any other employee benefit programs. Section tleman from Virginia [Mr. DAVIS]. congressionally chartered organization 102(e) deals only with employees of the Au- The amendment was agreed to. that receives this special treatment. thority who come from the Federal Govern- The CHAIRMAN. Are there further Mr. Chairman, the NEA has also vio- ment. Several other categories of persons are amendments? lated its original congressional charter becoming employees of the Authority, includ- AMENDMENT NO. 1 OFFERED BY MR. BONILLA by no longer just limiting itself to edu- ing Federal retirees, District employees, and Mr. BONILLA. Mr. Chairman, I offer cational issues. Back in the early part private sector employees. This new section an amendment. of the century when it was chartered, gives these employees the same options as The CHAIRMAN. The Clerk will des- it was originally set up to work on the persons joining the Authority from the Federal ignate the amendment. basics: Reading, writing, and arith- Government. It will help to insure that qualified The text of the amendment is as fol- metic. Now, we have the NEA working employees will not be discouraged from seek- lows: on issues from arms control to the ing employment with the Authority by clarifying Amendment offered by Mr. BONILLA: Insert NAFTA controversy, Medicare, human legislative intent so as to provide that such on page 58, after line 4, the following section: rights, defense issues. My colleagues persons would not lose benefits. REVOCATION OF PROPERTY TAX-EXEMPTION FOR can name it, they are involved in it; 5. The amendment changes ``may'' to NATIONAL EDUCATION ASSOCIATION none of which has to do with education ``shall'' in section 103(f) to give the General SEC. . Effective for taxable years begin- in our schools across this country. Services Administration the appropriate de- ning after September 30, 1995, section 4 of the Mr. Chairman, for that reason, set- gree of discretion. This clarifies that the GSA act entitled ‘‘An Act to incorporate the Na- has a duty to provide the administrative serv- tional Education Association of the United ting it aside from the other congres- ices required by the Authority in a prompt States’’, Approved June 30, 1906 (34 Stat. 805; sionally chartered groups in this coun- manner. Sec. 46–1036, D.C. Code) is repealed. try, they have violated their charter, 6. The amendment changes section 104 be- The CHAIRMAN. Under the rule, the and we strongly are urging Members on cause the Authority is a legal entity subject to gentleman from Texas [Mr. BONILLA] is both sides of the aisle in a bipartisan suit. A plaintiff could thus initiate a cause of recognized for 15 minutes. way to support this amendment that action against the Authority, its members, or Mr. BONILLA. Mr. Chairman, I yield would allow the District to have an op- employees for official actions they take, in- myself such time as I may consume. portunity to levy the badly needed $1.5 stead of suing the District of Columbia. Only Mr. Chairman, my amendment is a million needed for its budget. claims against the District are included in the bipartisan amendment. It is being led Mr. Chairman, I reserve the balance technical language of the existing exemption. on the other side by the gentleman of my time. This was not intended in adopting the statute, from Louisiana [Mr. HAYES], as well as Mr. DIXON. Mr. Chairman, I rise in as the purpose of the section is to protect the getting a tremendous amount of assist- opposition. H 11652 CONGRESSIONAL RECORD — HOUSE November 1, 1995 The CHAIRMAN. The gentleman b 1645 Mr. DIXON. Mr. Chairman, I yield 2 from California [Mr. DIXON] is recog- Mr. HAYES. Mr. Chairman, I went to minutes to the distinguished gen- nized for 15 minutes. public schools in a small town in Lou- tleman from Wisconsin [Mr. KLECZKA]. Mr. DIXON. Mr. Chairman, I yield isiana, in a school that would not be Mr. KLECZKA. Mr. Chairman, I do myself such time as I may consume. one that we would point to for its phys- not serve on the Subcommittee on the Mr. Chairman, I rise in opposition to ical plant, in a small school in which District of Columbia. When I saw the this amendment because it basically is those within the community quite rule coming forth on this amendment, mean-spirited. Republicans have the often ended up baking cakes and hav- I had to make a special point to come majority in this House and they can ing car washes just to have enough down here and to listen firsthand to offer a freestanding bill to do anything money to send a debate team out of the arguments from those who sup- they want and not attach it to this. town. ported the justification of this change. First of all, Mr. Chairman, let me say But it had one extraordinary re- My colleague from Louisiana who sincerely that I have great respect for source. It had a group of men and just spoke indicated that here is a the gentleman from Texas [Mr. women who were so committed to the group that comes to this office asking BONILLA]. The gentleman served on the ideals of education above everything for support on this issue, that issue. Committee on the District of Columbia else that they made personal financial Well, I will tell Members, if we went to for some time. We have discussed ideas sacrifices. They made sacrifices to the the Federal tax code and deleted the that might improve the District and we time of their own family by grading pa- tax exemption of every organization have certainly worked together. that lobbied us, from defense contrac- But Mr. Chairman, the gentleman pers. They made sacrifices to attend tors to the Chamber, you name it, we from Texas says that the rest of the dances and balls when they did not yet would raise billions of dollars and we list is charities. That is not true. The have kids old enough to go to those would never see anyone in the Halls of American Pharmaceutical Association same high schools. And they made an Congress or in our offices. is not a charity. The Brookings Insti- incredible imprint on the community. tute is not a charity. The National To the gentleman from California But as Americans, as the delegate Academy of Sciences is not a charity. [Mr. DIXON], in my high school class is from the District said, there is a Con- Mr. Chairman, I can go on and on. a young lady who is now the director of stitution. There is a Constitution that This was a charter granted by the Common Cause. In my high school talks about freedom of speech. And I Federal Government when there was no class is a former vice president of think we want people to do that. We home rule here in 1906, and it was obvi- Johnson & Johnson. In my high school want people to come forward and talk ously a charter granted for incorpora- class is a gentleman who received bal- to us about the issues of the day. But tion purposes. In that, right or wrong, loting in the Heisman Trophy. And all I view this amendment as probably the the Congress at that time gave a tax of them taught by a handful of dedi- most vindictive that I have seen in my exempt status as it relates to District cated teachers. But the gentleman just tenure here before this body. of Columbia taxes. touched upon the change that has oc- Many, in fact all the years except The gentleman from Texas said in his curred: philosophy. this year, I was in the majority party. opening comments that this amend- What the gentleman said was that There were groups that we did not like ment was promulgated because the this side of the aisle disagrees with the who opposed our candidates, who op- gentleman wants to save money and is philosophy, and I do, too. Only I am posed our position on issues. Did my interested in the taxpayers. Nobody be- not talking about the left and the colleagues see the majority party, the lieves that. That is not what this is right. I am talking about placing issues Democrats at that point, come forth about. The gentleman is not trying to above education. That is a bad philoso- with amendments to repeal their tax provide $1.4 million to the District. phy. exempt status? No. That would not be Even if he was, the cap that the gen- When I last ran for Congress, I got a right. We might disagree with them, tleman from New York [Mr. WALSH] brochure from the NEA asking me how but they have a right to say what they has put on here would prohibit it. I felt about the nuclear freeze, how I want to say. So, Mr. Chairman, the gentleman felt about abortion. How I felt about is- But here we go, the first time you from Texas should not come to the sues that while very important and folks have had the majority in years, floor and say that he is trying to raise worth the time of this Chamber were using the majority muscle that you money for the District. The fact is that not as important as what should have have to punish one group in this coun- the gentleman does not, and the Speak- been going on in the classrooms of my try that you disagree with. I think that er does not, like the philosophy of the State in the district. is a shame. NEA. I represent a great deal of teaching and educational background to where I If you look at the other organiza- That is not wrong. So, therefore, tions that are not touched by the gen- they come to the conclusion that they am proud to say I worked hard and did well with the support of teachers and tleman’s amendment, as the chairman, have violated their charter and with- said, they are not charities. They are out a hearing of the appropriate com- parents. Now, it is wrong, and I was taught by not charitable organizations. I am mittee, we will just stand up and can- looking at one here, the Medical Soci- cel this tax exemption. The gentleman teachers who taught me to look at the facts and determine in a very sub- ety of the District of Columbia. Is that may be right on the merits. After an a charitable organization? I doubt it. adjudication of this issue, after consid- stantive and objective way, it is wrong to use an exemption given in 1906 when But I do not think and I would not sup- eration of all 27 of the organizations port taking away their exempt status that have this, the gentleman may be Theodore Roosevelt was President to protect the assets of a union that in because they endorsed your Medicare absolutely right. Mr. Chairman, I am cuts. saying that as a member of the sub- 1978 determined as such by the Internal Shame on you. Shame on you. committee, this is not the forum to ad- Revenue Service. It is wrong to reverse dress their tax status. the concept of taxation without rep- Mr. BONILLA. Mr. Chairman, I yield Even if we do, Mr. Chairman, the resentation and make it representation 2 minutes to the gentleman from Cali- gentleman should not come here and without taxation. fornia [Mr. DORNAN], a cosponsor and a say that he is trying to raise revenue We want to lobby. We want to go in Member who was really behind this for the District. It just ain’t so. your office. We want to tell you how to cause for some time. Mr. Chairman, I reserve the balance vote. We want to send you faxes. We Mr. DORNAN. Mr. Chairman, if I of my time. want to send you letters just like could refer in opening to my distin- Mr. BONILLA. Mr. Chairman, I yield today, but we do not want to pay or guished colleague, the gentleman from 3 minutes to the gentleman from Lou- give a dime. California [Mr. DIXON], and I do mean isiana [Mr. HAYES]. That is an insult to the people who distinguished, he does not have to ever (Mr. HAYES asked and was given taught me and even more an insult to worry about me having hidden agendas permission to revise and extend his re- the values and lessons that I learned in or any other motives. But I have lis- marks.) public schools in my home town. tened to some private conversations November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11653 where people thoughtfully and heart- thing more than a bipartisan, do-good organi- some lobby group does not agree with felt said, hey, in the measure we saved zation dedicated to promoting education in him. He wants to close down any op- the taxpayers a lot of money here. America. But times sure have changed, Mr. portunity for them to receive Federal I said during general debate that my Chairman, and so has the NEA. Today the funds. And today the gentleman from younger brother, in whom I am justifi- NEA is not now an association of professional Texas [Mr. BONILLA], who has an axe to ably proud because his students for 29 educators. In 1978, they changed their cor- grind with the National Education As- years, at the discouragement of the ad- porate tax status from a 501(c)(3) to a 501(5) sociation, said, I know how to take ministration, have unofficially elected benefiting all labor unions. The NEA is now a care of them, hit them in their tax sta- him best teacher on his high school hostile political machine that wields its incred- tus. campus. Dick Dornan is a natural giv- ible power to influence legislation, public opin- If your ideas are so good, so right, so ing, enthusiastic English and U.S. his- ion, and our Nation's school children. American, why are you so afraid of tory teacher. He is disgusted with the The very reason the NEA became unionized freedom of expression? The National NEA. He does not like being pressured was in order for them to gain the maximum Education Association has said things to declare an entire month bisexuality amount of political power and control in Wash- that I disagree with, as have many of month. That is just for openers. I am ington and throughout the United States. In the organizations here. But to go after not going to mention all the other fact, back when the NEA was changing into a these organizations, to close down stuff, just the AC/DC, acey-deucey labor union, a retired teacher who took a their operations, make them more ex- switch hitting crowd. What does that break in service recalls their radical trans- pensive, impose more taxes on them is have to do with education? formation claimed, ``In the interval that I had downright unAmerican. I will not mention the 1906 charter. been out of school, they had become union- It is the nature of politics. It is the ized, and when they realized that I refused to We have covered that. I will not men- nature of Government to have the free join. They no longer represented my views. tion some of the good points that the exchange of ideas. Why is it once the They had become more concerned with sala- gentleman from Texas [Mr. BONILLA] Republicans get in control they want ries and money than they were about students has covered about switching 501(c)(3) to to turn off the microphones? They and education.'' Meanwhile, Mr. Speaker, its 501(5). I will not go back over ancient want to shut down the presses. They archaic congressional charter continues to history, although I will ask permission want to stop the free exchange of ideas. to put that in my remarks. allow the NEA its property tax exemption as if this power political machine were still an in- What are you afraid of? Let us defeat The very real reason that the NEA this terrible amendment. become unionized was in order, as a re- nocuous teachers association. It is true that there are a number of organi- Mr. BONILLA. Mr. Chairman, I yield tired teacher said, who took a break in 2 minutes to the distinguished gen- service, when he came back and found zations and enterprises within the District of Columbia that benefit from a property tax ex- tleman from Illinois [Mr. PORTER]. it was now a union, he said, I suddenly emption. What's so incredible is that the NEA Mr. PORTER. Mr. Chairman, I have realized that all they obsessed on were is the only labor union in the whole bunch. no particular interest in this amend- salaries and money and money and sal- And so when opponents of our amendment ment except that, when we considered aries and not about kids’ education and complain that we are singling out the NEA for it in the full Committee on Appropria- teaching or the SAT scores would not political reasons, I say they are completely tions, it was evident to me that in 1906 have been going in the dumper, and we missing the point. The NEA does not deserve the NEA got a special charter from the would have our dynamic Speaker this tax break because they are a union, the Federal Government as an education quoting around this country that kids country's biggest union in fact, and no other association devoted to the cause of are getting diplomas from high school union enjoys such preferential tax treatment in education. Over time, that purpose has and they cannot even read the English the District of Columbia. apparently changed. It has become, and on the diploma, let alone talk about Mr. Chairman, it is the height of ironyÐand no one doubts the status of the NEA, a where they are going to go with their it is exactly the kind of insidiousness this new labor union devoted to the interests of careers or how they are going to bal- Congress is attempting to undoÐthat the its members. ance their checkbooks. NEA, a monstrous special interest group dedi- It is true there are a number of orga- In 1978, under the Carter administra- cated, as they would say, ``to helping Ameri- tion, not a Republican administration, nizations and enterprises within the ca's children,'' ferociously clings to $1.4 million District of Columbia that benefit from it was determined that in fact it was a each year that otherwise could be used to im- labor union devoted to its own pur- property taxes. What is so incredible is prove the District's impoverished public school that the NEA is the only union that poses and not to the general cause of system. education. So, for the last 17 years, the gets that privileged status. More about I strongly urge you to vote in favor of the that from the distinguished Member NEA has had a special status where it Bonilla-Hayes-Dornan amendment and repeal did not have to pay taxes even though from Indiana. the NEA's congressionally-sanctioned property I close on this, vote for Bonilla- every other union in the District of Co- tax exemption. The taxpayers should not be lumbia had to pay taxes on its prop- Hayes-Dornan. Repeal the NEA’s con- expected to subsidize the plush headquarters gressionally sanctioned property tax. erty—17 years for free. of any union, much less the NEA. The gentleman from Illinois, my col- The taxpayers should not be expected Mr. DIXON. Mr. Chairman, I yield 2 league from Illinois, says that we are to subsidize the palatial, plush head- minutes to the distinguished gen- disrupting freedom of expression? They quarters of any union, much less one tleman from Illinois [Mr. DURBIN], a have had free expression without pay- that wants a month for bisexuality ad- member of the committee. vancement. Mr. DURBIN. Mr. Chairman, make no ing the cost that everybody else has Mr. Chairman, I rise in strong support of the mistake, a pattern is clearly emerging. paid for all these years. Bonilla-Hayes-Dornan amendment. The Republican soldiers in the Ging- Are we singling them out? No, they As Mr. BONILLA said the NEA is currently ex- rich revolution have no respect whatso- are the only union that has this status. empt from having to pay any property taxes ever for freedom of expression in this It seems to me that it is up to Con- on their palatial headquarters located here in country. If they can find an oppor- gress, when it finds these kinds of Washington, DC. Their tax-exempt status de- tunity to close down speech and ideas things, to address them. They do not rives from the Federal charter the NEA re- which they find repulsive, they will deserve tax-exempt status. They have ceived back in 1906, when it was little more grab at it. Six screwballs decide to not deserved it for 17 years. It is time than an association of educators throughout burn the American flag, and the Ging- to close the door and to say, you have the United States. At that time, and I have rich revolutionaries want to amend the had 17 free years. You do not get any read some of the debate that took place in Bill of Rights for the first time in our more. You have to be treated just like both Chambers during consideration of the history. Garrison Keillor makes fun of everyone else. NEA charter, then Members of Congress felt them on Prairie Home Companion, Mr. DIXON. Mr. Chairman, I yield 2 that it would be improper to tax property held they want to close down National Pub- minutes to the gentlewoman from the for educational purposes. lic Radio. District of Columbia [Ms. NORTON]. Back then, I am certain that no one envi- The gentleman from Oklahoma [Mr. Ms. NORTON. Mr. Chairman, I thank sioned the NEA would ever evolve into any- ISTOOK] becomes exercised because the gentleman for yielding time to me. H 11654 CONGRESSIONAL RECORD — HOUSE November 1, 1995 I make these remarks before asking age all of my colleagues to support this selves in managing this city, and we the gentleman from Texas [Mr. amendment. better because it was a real mess just a BONILLA] to consent to a better idea. year ago. b 1700 This Trojan horse, I am afraid, would Now let me just say to one of my col- be of no use to the district, if the gen- Mr. DIXON. Mr. Chairman, I yield 2 leagues from Illinois that spoke awhile tleman is sincere and there is a way to minutes to the gentleman from Florida ago; he said we are opposing the free help us. The comments, however, espe- [Mr. HASTINGS]. speech. The NEA can say anything cially of the gentleman from Texas Mr. HASTINGS of Florida. Mr. Chair- they want to, and they do, and we do [Mr. BONILLA], the gentleman from man, I thank the gentleman from Cali- not object, but we do believe they Louisiana [Mr. HAYES], and the gen- fornia [Mr. DIXON] for yielding this should not get a $1.6 million tax break tleman from California [Mr. DORNAN], time to me. just because they are the only union in give evidence to the fact that this is an I, too, am not a member of the Sub- this city that gets that tax break, the unvarnished case of political retribu- committee on the District of Columbia, only one. And so they should not get tion. They have not sought to hide it. but I am privileged to stand here and that tax break. The gentleman from Texas [Mr. to support the measure that I feel is Now I want to read to my colleagues the correct one, and that is to oppose BONILLA], when he offered the amend- something that was in the Indianapolis ment, went down the list of positions this retribution, and that is all it can Star newspaper editorial just a week that NEA had taken, among them that be classified as. ago because this really upsets me. It we hear: That of course is a union. We Let me go to perhaps the heart of the says: matter, and what I hear being dis- know how the other side of the aisle This summer the NEA annual convention cussed, and all of the disparagement di- loves unions. It does not want anything passed a resolution supporting a month-long to do with the District and certainly rected toward the National Education celebration ‘‘as a means of acknowledging not with helping the District. If so, the Association. My understanding is that the contributions of lesbians, gays and gentleman would have given the Dis- the building that is here is peopled by bisexuals throughout history.’’ The celebration was the brain child of Rod- trict the discretion to get these prop- a significant number of individuals, some who come here from around the ney Wilson, a gay high school teacher from erty taxes from all 27 of these people, St. Louis. What Wilson wanted in this Octo- none of whom should have had prop- country, others who are here on a regu- lar basis, and my belief is that they ber and every subsequent October, was for erty taxes at our expense. My people public high schools to focus on a gay curricu- make a major contribution to the well- pay higher property taxes, not because lum detailing the history of homosexual per- of the NEA but because of 27 people being of the District of Columbia, per- secution and acknowledging the homosexual- whom you gave, you gave the right to haps a more major contribution than ity of some historical figures. be exempt from property taxes from the micromanagement that is going on The latter alone should give parents the jitters. According to a Concerned Women of people I represent. now. Who else are exempt from taxes in America ad, the Alyson Almanac, ‘‘the fact The gentleman says that these people the District of Columbia and why? I book of the lesbian and gay community,’’ are not about education anymore and would not bother to be facetious claims some research indicates that Jesus that they have gone off their charter. enough to suggest that there are Gov- Christ, Winston Churchill and George Wash- ington were homosexuals. Have you looked at the legislative ernment-owned properties in the Dis- agenda of the American Legion? Is that According to Newsweek magazine, ‘‘not a trict of Columbia that, had they been single school district in the nation accepted what you want to do, go down and see taxed over this same number of years, what each of these organizations are the history month idea or a proposed gay the District of Columbia may conceiv- curriculum. Even the NEA has gotten skit- doing and put a political test into ably not have the kinds of problems tish after hundreds of teachers threatened to these proceedings? This is not a good that it is having today. None of us quit when the resolution passed in July.’’ precedent to set. would stand for the type of The Concerned Women organization was This was defeated in committee. micromanagement that is going on in right to target the NEA action and any move There is a better idea. Give the District to promote a gay history month. Comparing this particular bill in our respective such a month, as some advocates have done, the jurisdiction, do not give it to us home cities. piecemeal. You do not intend to give us to Black History Month is an affront to so- Mr. Chairman, this type of retribu- cial consciousness and common sense. any more at all, do not give us one. tion is retrogressive, and in the final Public education has embraced one foolish- Give us all, give us access to our prop- analysis, Mr. Chairman, downright in- ness after another in recent decades, but par- erty taxes from all 27 of these folks. sulting to any of our Members. I do not ents should scream bloody murder at the Mr. BONILLA. Mr. Chairman, I yield know what the Brookings Institution first sign a school in their district is pre- 1 minute to the gentleman from Flor- stands for. I do not know what the Car- pared to adopt this latest. ida [Mr. WELDON]. negie Institution of Washington, DC, Mr. DIXON. Mr. Chairman, I yield 21⁄2 Mr. WELDON of Florida. Mr. chair- stands for. I do not know what the minutes to the gentleman from Colo- man, I rise and speak out in support of Daughters of the American Revolution rado [Mr. SKAGGS]. this amendment. The NEA receives 1.6 stand for, but I can doggone cite I do Mr. SKAGGS. Mr. Chairman, if any- million in a tax break from their con- not believe they stand for much that I one had any doubt that this amend- gressional charter. This congressional believe in, but at the very same time I ment is directed at the speech, the charter was given to the National Edu- think they have a right to be here, I views, of the NEA, that should have cation Association when it was a trade think they have a right to state their been removed by the comments just association, and it is not only quite ap- position, and the tax exemption that made by the gentleman from Indiana parent to the American public but as was given to them was evidently given [Mr. BURTON] who is clearly motivated well to the IRS that it is no longer a with well meaning. in going after the NEA because he does trade association. It is, indeed, a union. We need to stop this not like what they think or say. So lest As has been said multiple times but micromanagement, we need to stop there be any doubt, this amendment is deserves to be said again, it would be this retribution, especially toward such a clear, I think absolutely unashamed, irresponsible for this Congress to con- an outstanding organization as the Na- act of discrimination, picking out 1 or- tinue to allow this tax exempt status tional Education Association. ganization among 27 that has the same for a union when no other unions get a Mr. BONILLA. Mr. Chairman, I yield status because many in the majority tax exempt status. Indeed, this $1.6 2 minutes to the gentleman from Indi- do not like what they think or say. It million of funds could be applied to the ana [Mr. BURTON]. is a tour de force as it is seen together District of Columbia’s school system to Mr. BURTON of Indiana. Mr. Chair- with many other things going on help improve their school system. So I man, let me just say to my colleague around here right now in the suppres- think this is a very good amendment. from Florida it is our responsibility as sion of opposing points of view. It is very much an appropriate amend- the Congress, because this is the Na- Mr. Chairman, it started early in the ment. It is in keeping with being con- tion’s Capital, to keep an eye on what year with the majority leader sending sistent in our policies. I would encour- goes on here, so we do involve our- letters to organizations complaining if November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11655 they made charitable donations to or- ton, DC, that we should probably look Mr. DIXON. Mr. Chairman, I yield ganizations that the majority did not at in the future, but this is a good myself the balance of my time. like. We are seeing it in the effort start. The CHAIRMAN. The gentleman being made by the gentlemen from I do though want to emphasize that from California [Mr. DIXON] is recog- Oklahoma, and Maryland, and Indiana Members of our side of the aisle will be nized for 21⁄2 minutes. to suppress the ability not just of non- eager and ready to work with Members Mr. DIXON. Mr. Chairman, the word profit organizations, but of many of the other side of the aisle in ferret- ‘‘responsibility’’ has been raised sev- groups and individuals in this country ing out some of these other institu- eral times in this debate. I believe that to exercise their rights under the first tions that have property tax exemp- we all have a responsibility to this in- amendment to the Constitution, tions, and let us get them to start pay- stitution to follow due process. This is masquerading that effort as if it had to ing property taxes to the city of Wash- not the committee of jurisdiction. do with the misuse of Federal funds ington, DC, because the city needs the There have been no hearings. We heard when, in fact, we are going after the revenue and needs the money. the gentleman from Georgia come to use of private funds for free political So in the meantime, Mr. Chairman, I the well a minute ago and say, ‘‘We all expression, and now this expedient and believe that we should all support this know they violated the charger, so let cynical effort to attack yet another Bonilla amendment. us snatch their charter, and move on, enemy of this new and vindictive ma- Mr. BONILLA. Mr. Chairman, I yield and maybe we will talk about some jority. myself the balance of my time. others.’’ That is not the way that this Mr. Chairman, this is part and parcel The CHAIRMAN. The gentleman institution should proceed. of freedom of expression. We have to be from Texas [Mr. BONILLA] is recognized My colleagues have the votes. Send willing to hear some things we do not for 2 minutes. this to the Committee on the Judici- Mr. BONILLA. Mr. Chairman, I like if all of us are going to have the ary. have a hearing where witnesses would like to close on this amendment freedom to engage in our constitu- can come and bring that testimony. by pointing out very clearly that no tionally protected right and respon- This charter was conferred by the Con- one who is supporting this amendment sibility to help shape this great democ- gress and should follow a process to re- is opposed to free speech in this coun- racy. This is a thinly veiled, if veiled at voke that charter. try. There is no American in this coun- all, effort to get even, and when we are So I am not weighing in on the mer- try that supports free speech as strong- trying to get even based upon the con- its of the case at all. tent of someone else’s or some other ly as I do. What we have here is the organization’s position, their thought, philosophical difference. Those of us b 1715 who are supporting an amendment and their speech, we should all be deeply I am saying that you have a respon- other issues similar to this in this Con- worried about the future of a robust de- sibility to this institution. I am sure gress are tired of groups that have mocracy. that the brother of the gentleman from opinions of feeding at the public trough Mr. BONILLA. Mr. Chairman, I yield California, Mr. ROBERT DORNAN, teach- and then using that money to advocate 1 minute to the gentleman from Ne- es due process, and that is my point. political positions. I believe the NEA braska [Mr. CHRISTENSEN], a Member You have made up your mind, I would should thrive and survive and have a who has worked very hard on this say to the gentleman from Texas [Mr. long life beyond this day to advocate amendment. BONILLA] and the gentleman from Mr. CHRISTENSEN. Mr. Chairman, the positions that they feel strongly Georgia [Mr. LINDER] has made up his about, absolutely. What I do not think as my colleagues know, I heard my col- mind. But that is not the way we oper- they should do is use public money or league from Colorado, my colleague ate around here. That is not the way have special privileges in order to ad- from Illinois, just a moment ago talk we should operate around here. Make about cynical ploys and that it is un- vocate those positions. As my colleagues know, there is one your case to the Committee on the Ju- American to disagree with someone diciary on this and any other issue. Do else’s point of view, and that is not the sense that the American people believe in very strongly in this country, and not make up your mind and try to point at all. The point here is just shove this down the body’s throat. about them paying their property that is fairness, fairness. There is no other union that has this special tax The CHAIRMAN. All time has ex- taxes. There is a million six that they pired. are not paying. exemption. Fairness. There is no other The question is on the amendment The AFL–CIO pays their property group that has this special tax exemp- offered by the gentleman from Texas taxes. The Teamsters pay their prop- tion that is allowed to venture beyond [Mr. BONILLA]. erty taxes. The American Federation of the congressional charter boundaries Teachers pays their fair share on prop- which were originally created to go out The question was taken; and the erty taxes. We can disagree, and we can and advocate their position. If the NEA Chair announced that the noes ap- have a honest disagreement in ideol- or any other advocacy group in this peared to have it. ogy. All we are saying is, ‘‘Pay your country, be they left, or right, or in the RECORDED VOTE property taxes.’’ That is all this is middle, would like to go out and con- Mr. DIXON. Mr. Chairman, I demand about. tinue advocating their positions, won- a recorded vote. Mr. Chairman, it is a simple amend- derful, do it with their privately raised A recorded vote was ordered. ment. It says the NEA should pay their funds, do it with volunteers, do it with The vote was taken by electronic de- property taxes. Now I see why Forbes people who believe in their position. vice, and there were—ayes 210, noes 213, magazine not too long ago called the But do not try to hoodwink the public 2, not voting 7, as follows: NEA not the National Education Asso- into trying to fool them and thinking [Roll No. 758] ciation, but the National Extortion As- that their tax money is somehow going AYES—210 sociation. That more accurately de- somewhere else when in fact it is going Allard Blute Chenoweth picts what the NEA really stands for. to subsidize a position, a political posi- Archer Boehner Christensen Mr. BONILLA. Mr. Chairman, I yield tion, in this country. Armey Bonilla Chrysler 1 minute to the gentleman from Geor- And I do not care whether that posi- Bachus Bono Clinger Baker (CA) Brewster Coble gia [Mr. KINGSTON]. tion again is a liberal position or a con- Baker (LA) Brownback Coburn Mr. KINGSTON. Mr. Chairman, I servative position. It is wrong to feed Ballenger Bryant (TN) Collins (GA) think everything has been said that at the public trough and then go out Barr Bunning Combest needs to be said on this issue. The NEA and advocate political positions in this Barrett (NE) Burr Cooley Bartlett Burton Cox is clearly in violation of their original country. We are tired of this. This is a Barton Buyer Crane intended purpose when their tax ex- dirty little secret that we are deter- Bass Callahan Crapo emption was granted. It is time for us mined to expose across this country, Bateman Calvert Cremeans to be honest about this issue. I do and a ‘‘yes’’ vote on this amendment Bereuter Camp Cubin Bilbray Canady Cunningham think that there are some other insti- will help put an end to this once and Bilirakis Chabot Deal tutions that are in the city of Washing- for all. Bliley Chambliss DeLay H 11656 CONGRESSIONAL RECORD — HOUSE November 1, 1995 Diaz-Balart Istook Radanovich Moran Regula Tejeda Many, I’m sure, will oppose my Dickey Johnson (CT) Riggs Morella Richardson Thompson Doolittle Johnson, Sam Roberts Murtha Rivers Thornton amendment today, saying Congress is Dornan Jones Rogers Nadler Roemer Thurman meddling in the District’s matters. Or, Dreier Kasich Rohrabacher Neal Rose Torres even worse some my claim, Congress is Duncan Kim Ros-Lehtinen Ney Roukema Torricelli meddling in a place where we never Dunn King Roth Oberstar Roybal-Allard Towns Ehlers Kingston Royce Olver Rush Traficant should venture: the bedroom. Perhaps Ehrlich Knollenberg Salmon Ortiz Sabo Velazquez there will also be a few here today who Emerson Kolbe Sanford Orton Sanders Vento will castigate me for offering legisla- English LaHood Saxton Owens Sawyer Visclosky Ensign Largent Scarborough Pallone Schiff Volkmer tion based on what is the preferred Everett Latham Schaefer Pastor Schroeder Walsh over that many will say is the per- Ewing LaTourette Seastrand Payne (NJ) Schumer Ward verted. Such is the nature of our de- Fawell Laughlin Sensenbrenner Payne (VA) Scott Waters Fields (TX) Lazio Shadegg Pelosi Serrano Watt (NC) bate. Flanagan Lewis (CA) Shaw Peterson (FL) Sisisky Waxman I am offering legislation today to Foley Lewis (KY) Shays Peterson (MN) Skaggs Williams Fowler Lightfoot Shuster Pomeroy Slaughter Wise make an important public policy state- Fox Linder Skeen Poshard Spratt Wolf ment about families in our Nation’s Franks (CT) Livingston Skelton Pryce Stark Woolsey Capital, the very seat of our whole Na- Frisa Longley Smith (MI) Quinn Stenholm Wyden Funderburk Lucas Smith (NJ) Rahall Stokes Wynn tion’s Federal Government. This legis- Gallegly Manzullo Smith (TX) Ramstad Studds Yates lation is not about extending health Ganske McCollum Smith (WA) Rangel Stupak Young (FL) care benefits to the needy. I can guar- Gekas McCrery Solomon Reed Tanner Zimmer antee you that there are an infinite Geren McDade Souder Gilchrest McInnis Spence ANSWERED ‘‘PRESENT’’—2 number of ways that the city can do Gillmor McIntosh Stearns Gunderson Obey this without enacting a domestic part- Goodlatte McKeon Stockman nership law. This amendment is about Goodling Metcalf Stump NOT VOTING—7 Goss Meyers Talent Fields (LA) Moakley Wilson right and wrong, about the proper role Graham Mica Tate Hall (OH) Tucker of government in general and about the Greenwood Miller (FL) Tauzin Harman Weldon (PA) appropriate role of the Federal Govern- Gutknecht Molinari Taylor (MS) Hall (TX) Montgomery Taylor (NC) b 1737 ment in involving itself in the affairs of the Nation’s Capital. Supporters of Hancock Moorhead Thomas Mr. QUINN changed his vote from Hansen Myers Thornberry my amendment seek to affirm the posi- ‘‘aye’’ to ‘‘no.’’ Hastert Myrick Tiahrt tive, not to cast stones at those engag- Hastings (WA) Nethercutt Torkildsen So the amendment was rejected. Hayes Neumann Upton The result of the vote was announced ing in alternative lifestyles. We seek to Hayworth Norwood Vucanovich as above recorded. lift up and honor the family, not to put Hefley Nussle Waldholtz down and shame anyone who does not Heineman Oxley Walker AMENDMENT OFFERED BY MR. HOSTETTLER Herger Packard Wamp Mr. HOSTETTLER. Mr. Chairman, I make a commitment to furthering the Hilleary Parker Watts (OK) offer an amendment. family. Hoekstra Paxon Weldon (FL) Hoke Petri Weller The CHAIRMAN. The Clerk will des- But let me address those opposed to Hostettler Pickett White ignate the amendment. my measure before I highlight the im- Hunter Pombo Whitfield The text of the amendment is as fol- portant public policy aspects of my Hutchinson Porter Wicker lows: Hyde Portman Young (AK) amendment. Inglis Quillen Zeliff Amendment offered by Mr. HOSTETTLER: First, striking down this statute, Page 37, line 15, strike ‘‘No funds’’ and insert NOES—213 ‘‘(a) No funds’’. which Congress has thrice blocked Abercrombie Dicks Johnson (SD) Page 37, line 22, strike ‘‘; nor shall any’’ from being implemented, is not med- Ackerman Dingell Johnson, E. B. and all that follows through ‘‘1992’’. dling in the local government of the Andrews Dixon Johnston Page 38, insert after line 2 the following: District of Columbia. Congress has a Baesler Doggett Kanjorski (b) The Health Care Benefits Expansion clear, express, unquestioned constitu- Baldacci Dooley Kaptur Act (D.C. Law 9–114; sec. 36–1401 et seq., D.C. Barcia Doyle Kelly Code) is hereby repealed. tional responsibility to direct the Dis- Barrett (WI) Durbin Kennedy (MA) trict of Columbia, the Federal City, es- Becerra Edwards Kennedy (RI) The CHAIRMAN. Pursuant to the pecially if the passage and implemen- Beilenson Engel Kennelly rule, the gentleman from Indiana [Mr. Bentsen Eshoo Kildee tation of poor public policy is at hand. HOSTETTLER] will be recognized for 15 Berman Evans Kleczka Yes, Congress passed home rule, and minutes, and a Member in opposition Bevill Farr Klink gave the District’s local governing au- Bishop Fattah Klug will be recognized for 15 minutes. Boehlert Fazio LaFalce The Chair recognizes the gentleman thority greater power to enact ordi- Bonior Filner Lantos nances on matters where the Congress from Indiana [Mr. HOSTETTLER]. Borski Flake Leach had otherwise been silent. But this Boucher Foglietta Levin Mr. HOSTETTLER. Mr. Chairman, I Browder Forbes Lewis (GA) yield myself such time as I may body never gave up our authority, nor Brown (CA) Ford Lincoln consume. renounced our responsibility to oversee Brown (FL) Frank (MA) Lipinski our Nation’s Capital. On the contrary, Brown (OH) Franks (NJ) LoBiondo Mr. Chairman, I rise today to offer an Bryant (TX) Frelinghuysen Lofgren amendment to strike down the District we reserved those rights, as we needed Bunn Frost Lowey of Columbia’s so-called domestic part- to under the Constitution. The statute Cardin Furse Luther ners ordinance, a misguided statute at issue today confirms the wisdom of Castle Gejdenson Maloney the Framers of the Constitution and Chapman Gephardt Manton that Congress has blocked the District Clay Gibbons Markey from implementing for the past 3 the wise heads in a prior Congress Clayton Gilman Martinez years. In fact, this city act has never which preserved this role for the Con- Clement Gonzalez Martini gress in Washington, DC. We have the Clyburn Gordon Mascara been implemented, which is a critical Coleman Green Matsui point that needs to be made. It is time right and the responsibility to act and Collins (IL) Gutierrez McCarthy today to put this bad bill to a final rest that includes the repeal of any District Collins (MI) Hamilton McDermott and clear away this issue so the Dis- act at any time. The District of Colum- Condit Hastings (FL) McHale Conyers Hefner McHugh trict and the Congress can begin build- bia is the Nation’s Capital, the Federal Costello Hilliard McKinney ing a more constructive relationship. City, our national government’s seat. Coyne Hinchey McNulty Congress has never seen fit to appro- This seat cannot and should not be kid- Cramer Hobson Meehan naped by any group—of the left or Danner Holden Meek priate $1 for this legislation, and act Davis Horn Menendez that seeks to provide health care and right—to make political statement. We de la Garza Houghton Mfume extend other legal benefits to domestic have the right and indeed I would DeFazio Hoyer Miller (CA) partners defined as those unmarried argue we have the responsibility to act DeLauro Jackson-Lee Minge Dellums Jacobs Mink couples who are over 18 and who live in this matter and strike down the Do- Deutsch Jefferson Mollohan together. mestic Partners Act. Now while we are November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11657 on the issue of the Constitution, I can- search, we are familiar with the find- colleague, the gentleman from Georgia not forget to point out that during ings of the caring professions and men- [Mr. BARR]. hearings that were held on this issue in tal health, we know the conclusions of Mr. BARR. I thank the gentleman for 1992, a number of significant public pol- the health care workers. All point to yielding me the time. icy issues were raised by many legal the dire need in our Nation today for Mr. Chairman, the question is very experts including the fact that this act stable, two-parent loving families that simple. Do we want the Congress to quite possibly is preempted by the Em- will honor all family measures, espe- give its approval as representatives of ployee Retirement Income Security cially their children. all the people of this country to a law Act of 1994, which renders this act un- The DC statute denigrates that lov- in the District of Columbia over which constitutional. ing, sacrificial commitment by turning Congress has very clear and appro- Now other who oppose my measure these relationships into a menu of eco- priate authority that, for purposes of will say I seek to inject congressional nomic goodies to be grabbed by simply extending certain privileges, not enti- authority and oversight in a place it going down to the Mayor’s office and tlements, not rights, to so-called do- should never go—the bedroom, They signing in. Living together? Come on mestic partners, placing nontraditional will again offer the well-worn phrases down for health care and more. Shack- groupings of people, men and men, about consenting adults being able to ing up? Then you need to sign up. women and women, nonmarried couples This is hardly the basis of sound fis- engage in whatever consensual acts on par with the traditional family cal stewardship or enlightened public they wish. Well, I point out at the out- structure of men and women, in mar- policy, which the American taxpayer set of this debate that this bill is not riage, with children? about sex. I know that admission will and the American citizen can expect, disappoint many; I can see stunned especially from our Nation’s Capital. I think that it is very appropriate for staffers looking up from their over- But whether we agree with the mis- this Congress to step forward, have the heated word processors now as they guided policy, the backhanded slap at backbone to say what previous Con- prepared to defend sexual promiscuity the family cannot and should not be gresses have not done. They have done and sexual orientation and sexual ev- tolerated by this Congress. We have it through the back door, by simply erything else. But that’s the wrong thrice blocked this poor piece of work. not extending funding, to once and for speech. The issue before this Congress Today we need to kill it and put this all stand up and say that we do believe is whether we will allow the District to issue behind this Congress for good. there is merit in the traditional family structure that has done this country so carry a statute on its book that allows b 1745 a domestic partner, a person so vaguely well for so long. defined that it can be a homosexual Mr. Chairman, I reserve the balance We believe that that heritage ought lover, a same-sex lover, a roommate, a of my time. to be protected and preserved, and we Mr. DIXON. Mr. Chairman, I rise in member of one’s extended family, a think it is wrong for jurisdictions, par- opposition to the amendment. ticularly those over which this Con- homeless person one invites into their The CHAIRMAN. The gentleman abode, to enjoy health benefits and gress has jurisdiction, to go against the from California [Mr. DIXON] is recog- other legal rights by virtue of their so- grain of American history, to go nized for 15 minutes. against the grain of the strength of our called partnership with a District of Mr. DIXON. Mr. Chairman, I yield Columbia government employee or any society. This legislation is good, it is myself such time as I may consume. limited, it is appropriate, it does what other individual for that matter. Mr. Chairman, this amendment clear- previous Congresses have not had the The problem with this act is the ly illustrates the mean-spiritedness of backbone to do. It steps forward and statement it makes about family, this Congress. This law is intended to says traditional family structures are equating the support we give families extend health coverage, something good for this country. They have been as a society and as units of government that everyone should have, to a domes- the backbone of this country. They with loosely affiliated partners. It tic partner. equates the faithful familial ties that Yes, they can be gay; yes, they can be ought to remain the backbone of this are the bedrock of our society’s stabil- lesbian, but they can also be hetero- country and we should not weaken ity and the loving environment in sexual. that. which we rear the next generation with This amendment costs the District I support the gentleman’s amend- a roommate or a casual live-in lover or government nothing. The employee ment and urge its adoption. a down-on-their-luck friend who moves pays the entire amount for the addi- Mr. DIXON. Mr. Chairman, I yield 3 to get health benefits. tional person carried. minutes to the gentleman from Massa- Still others may rise today and say I What is wrong with the District gov- chusetts [Mr. STUDDS]. am only disparaging gays and lesbians ernment deciding to extend this benefit (Mr. STUDDS asked and was given to satisfy a personal mean streak or to at no expense to them and of great permission to revise and extend his re- win political points at home with cer- ability to cover someone in their marks.) tain groups. This argument, too, health benefit? Mr. STUDDS. Mr. Chairman, I have a misses the mark. My amendment seeks Yes, there is a division in this coun- stable, loving family. to lift up the positive, to value the val- try about homosexuality, but certainly uable, to hold up the ideal. Govern- everyone is entitled to health care, and As many Members know, this week- ment, I believe, has every right to up- the District has made some other peo- end I announced my intention not to hold the ideal, to esteem, to value, to ple eligible for it. That is all that is seek a 13th term in this body. When I honor the best. Society, and society’s happening here. It is, in fact, a cost did so, I had at my side my stable, lov- tool of government, has a clear right saving to the District. Because if the ing family: My brother, his wife, my and, indeed, a clear responsibility to person does not have insurance, they, sister. Her husband unfortunately had encourage the preferred. We need to in fact, would probably go to the gen- died a few months ago. He was a Pres- honor traditional families, which are eral hospital or some other public fa- byterian minister who led the fight the Nation’s best hope for emotionally cility. within his church for the ordination of healthy and happy, well-adjusted citi- I understand your reservations about openly gay clergy. He would have been zens who can govern themselves and some lifestyles, but you are not going there. I think he was there in spirit. It continue this experiment in self-gov- to change any lifestyle. You do not rec- was in a church that we made the an- ernment we call America. ognize any lifestyle by extending to a nouncement. And my partner, Dean Government can give preference to person health care coverage. That is all Hara, whom a great many of you, per- the best for our people—the best by the DC law does. Why should Congress haps most of you, know and a great any standard, whether health indica- repeal that important progressive ini- many of you consider as a very close tors or happiness measures, without tiative by the District of Columbia? friend. punishing or singling out the aberrant, Mr. Chairman, I reserve the balance My colleague from Massachusetts has the alternative, the less-than-best. We of my time. a stable, loving family; and my col- as a Congress must stand up and say Mr. HOSTETTLER. Mr. Chairman, I league from Wisconsin has a stable, that we are familiar with the social re- yield 2 minutes to my distinguished loving family. H 11658 CONGRESSIONAL RECORD — HOUSE November 1, 1995 I would suggest that Members do day would come to this floor and an- sexual and heterosexual relationships which something that is rare around here; nounce a great tragedy in modern are outside the bonds of marriage. that is, read the law that we are pro- American life. Having just gotten the Second, some are invoking the Home Rule posing to repeal. I just did that. statistics this week from the Centers argument to prevent the repeal of this ridicu- We have heard it referred to as privi- for Disease Control, the time has come. lous law. This amendment is entirely consist- leges and economic goodies, among More Americans in the prime of life, ent with the mechanisms of Congressional re- other things. including thousands of children, have view under the Home Rule Act. Congress has Let me tell you what this law does died because of the AIDS virus than only delegated authority to the District govern- that you now are asked to repeal. It de- were killed in World War II. We are ment, it has not abdicated its constitutional ob- fines a domestic partner as a person now past 295,000 deaths out of 470,000 ligations. with whom an individual maintains a some odd reported cases. There were Third, this law erodes the legal status of the committed relationship. It defines a thousands of deaths in the early part of traditional family and denigrates the sanctity of committed relationship as a familial the 1980s that were not reported be- marriage. relationship between two individuals cause of merciful doctors putting down Fourth, if you want to look at reasons why characterized by mutual caring—mu- as the cause of death, the proximate we have too much drug abuse, too much tual caring—and the sharing of a mu- cause, because of the immune system teenage pregnancy, too many problems in our tual residence. I do not know why that collapsing, they would put down cancer schools, too much crime in America, look no frightens or offends anyone in this in- or heart attack. So here we are with further than the breakdown of the American stitution. more people dead of AIDS than World family unit. I, for one, will not be a party to any What are the benefits? Unless you are War II, 300,000 rounded off, people who measure that tries to break down the family an employee of the District of Colum- died. any further than it already is. bia, and I will come to that in a mo- I understand that that horror gives a Fifth, besides giving health benefits and sick ment, there is only one sentence under great deal of passion to a debate on re- leave to both heterosexual and homosexual domestic partnership benefits. See how defining the family. But what I just couples who are merely living together, this this frightens you: All health care fa- learned from the gentleman from Cali- law gives the appearance that the Congress cilities, including hospitals, convales- fornia [Mr. DIXON], again I point out, endorses such behavior. It also forces the cent facilities, or other long-term care my very distinguished friend, that we residents of the District and indeed all Ameri- facilities shall allow a patient’s family are covering roommates. cans to accept the devaluation of marriage member to visit the patient. Two very macho heterosexual fire- and the traditional family unit. That is the sum total of what is men or policemen who have alternately Sixth, this is a vote to keep the Nation's granted by this law to every resident of saved one another’s lives in severe fires Capital in tune with the values that we are the District of Columbia who is not an or shootouts can be rooming together supposed to be promoting. employee of the District. and have developed a true bonding Mr. DIXON. Mr. Chairman, I yield 21⁄2 If there is any Member of this House from professional danger shared that minutes to the gentlewoman from the that thinks that I or Mr. FRANK or Mr. they could get health insurance for one District of Columbia [Ms. NORTON]. GUNDERSON or any of the dozens of gay another. Ms. NORTON. I thank the gentleman and lesbian staff members on both I do not know of anybody who has for yielding me the time. sides of this aisle ought to be denied ever been denied going to be a memo- Mr. Chairman, the overriding theme, the right to visit the hospital if their rial service ever. I never heard of that if there is any, of the 104th Congress, domestic partner is ill or dying, I in my life. I do not know why anybody appears to be devolving power back to would like to hear them stand up here in a life-threatening situation in the the localities. More than any measure and say that. hospital cannot designate a long list of that has come on the House floor If you are an employee of the District friends that he or she would rather see today, this is the real test of whether of Columbia, here is what you are even than some family members, blood the majority means it. granted by the statute: Sick leave members who have not been too kind This, of course, is an utterly redun- when needed to care for a family mem- to them. I never heard of that until re- dant provision, because it is already in ber. Funeral leave or annual leave cent times, and that can be easily re- the bill. The gentleman from Indiana when needed to make arrangements for solved. [Mr. HOSTETTLER] raises the ante by or to attend a funeral or memorial What we are simply debating here in saying let us amend the D.C. Code on service for a family member. the federally controlled District of Co- an appropriations bill. I have had more experience than I lumbia is a redefinition of the family. It is an insult to the District to would like to have had attending such I do not know. These heterosexual amend our law and all and certainly in memorial services, and I am damned if roommates, two wives who maybe their this way. anybody in this institution is going to husbands were killed in a plane crash, This is a gratuitously self-indulgent tell me or anyone else that they can be they go to know one another through amendment because it rises to do what forbidden the right to attend a memo- legal process and they became close is already done in the body of the bill. rial service for someone they love. and their children got to know one an- It is one of those easy targets that The only provision in the District other. Now they are rooming together, makes you say, ‘‘Why don’t you pick statute, the only provision other than and they have different economic situ- on somebody your own size?’’ the ones I have read to you, the only ations. b privilege, as it has been characterized, Have they come to me and lobbied 1800 the only economic goody, as it has me that we would like to have all the District of Columbia residents feel been characterized, is optional self-fi- advantages of the traditional American deeply about bigotry. It may have to nanced health benefits for employees of family? I have never heard of anybody do with the fact that many of us are the District of Columbia. They are al- lobbying like that. people of color. In my district, most of lowed, and I quote, to purchase, to pur- Or two Vietnam vets who alternately my residents are Baptists and Fun- chase family health insurance cov- shared a combat and saved one an- damentalists. erage. That is it. other’s lives and have become room- But, in the District, there is a con- That, my friends, is what we are mates, heterosexual roommates, I have sensus that gay men and lesbians ought being asked to repeal. I fail to com- never heard of any of them lobbying to be able to register and purchase prehend how that could offend any per- that we now have to redefine the Amer- health care if they happen to be D.C. son. ican family. I am not prepared to rede- government employees, and this bill Mr. HOSTETTLER. Mr. Chairman, I fine the American family. has a de minimis effect because it can yield 3 minutes to the gentleman from Vote ‘‘yes’’ on the Hostettler amend- help only D.C. government employees. California [Mr. DORNAN], the former ment. So my constituents of every religious fighter pilot and colleague of mine in So in conclusion, Mr. Chairman, I close with background and of every persuasion on the Committee on National Security. these salient points. the question of gays and lesbians sup- Mr. DORNAN. Mr. Chairman, I pre- First, we all know that the intent of this law port this bill as applied to gay men and dicted about 10 years ago that I some- is to officially recognize and sanction homo- lesbians. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11659 I want you to know who the chief Mr. NADLER. Mr. Chairman, this bill that made the bill better. I say it beneficiaries of this bill are given our does not implicate, contrary to the pre- makes it worse. If you are saying that demographics: Two elderly people liv- vious speaker, any funds. This bill without benefit of marriage you want ing together, a disabled person who would allow, or rather this amendment to encourage people to live together cannot live alone, two sisters or broth- would prohibit the District of Colum- and redefine the definition of family to ers living together, a grandchild and a bia law that allows a domestic partner include that, the same as a husband grandparent living together, a mother to visit his partner in a hospital, that and wife, then you are twisting what a and a grown daughter living together. allows a public employee in the Dis- family is. You are twisting what mar- That is who you would deny if you trict of Columbia to self-finance family riage is. You are undercutting families deny us the right to pass this bill health insurance for himself or herself in the United States of America. which power should devolve to pass. and his or her domestic partner, self-fi- We have enough problems already. Who supports this provision? the Na- nance. This has nothing to do with fi- Family decline is at the root of prob- tional Council of Senior Citizens, the nancing. This has nothing to do with lems in schools, problems in drug use, District of Columbia Nurses’ Associa- the fiscal crisis of the District of Co- of too many teenage pregnancies. Mar- tion, the Gray Panthers, Concerned lumbia. riages might have occurred and now Clergy of D.C., Churchwomen United, This simply has to do with Congress people say, ‘‘We don’t need to have Disciples of Christ. We support this deciding for motives of hatred of gay them because we can have an alter- bill. This is our jurisdiction. Let us do people and lesbians to reach in and tell native to family. We can undercut the with our lives and with our constitu- local government, ‘‘You may not have basic building block of our society.’’ ents what you might not choose to do. an enlightened policy.’’ That is wrong. That is wrong to do so. Give us our full rights as American The gentleman, the previous speaker, The country will collapse if families citizens to recognize all of our citizens. said this is beneficial to people who collapse, and the are teetering and tot- Do not vote for this amendment. have no desire to marry. There is no ju- tering already. Mr. HOSTETTLER. Mr. Chairman, I risdiction in the country which allows We do not need the Nation’s Capital yield 2 minutes to my distinguished a gay person or lesbian person to to say we are going to undercut family colleague, the gentleman from Florida marry. All the District of Columbia has values. In fact, we are going to kidnap [Mr. STEARNS]. decided is certain benefits, to visit the the very definition of what constitutes Mr. STEARNS. Mr. Chairman, I rise sick, to take annual leave, to take a family. We are going to redefine it as in support of the gentleman’s amend- leave for bereavement, to bury their though we can improve upon what has ment to repeal the D.C. Domestic Part- domestic partner, that they are enti- given stability and strength to this nership Act. tled to that. But we are going to say country for its two centuries plus. We voted on this last year. We got 251 no, we will not let you decide that. The Mr. Chairman, I encourage people to votes. Basically, what this did is shut hypocrisy of saying that we support vote in favor of the amendment. Say down the funding; but we did not have local rights, we support home rule, permanently the Congress of the Unit- an amendment like this which basi- when it has nothing to do with fiscal ed States is not going to redefine fam- cally from now on will prevent this policy, and then passing this amend- ily and is not going to undercut mar- from happening. ment is paramount, is supreme. riage. I ask my colleagues to listen care- I urge a ‘‘no’’ vote on this amend- Mr. DIXON. Mr. Chairman, I yield 1 fully. The District of Columbia is a fis- ment on grounds of home rule and minute to the distinguished gentle- cal nightmare. There is too much grounds of simple humanity. woman from Texas [Ms. JACKSON-LEE]. spending and not enough savings, a Mr. HOSTETTLER. Mr. Chairman, I (Ms. JACKSON-LEE asked and was classic example of big government, big yield 3 minutes to the distinguished given permission to revise and extend spending that was wholeheartedly re- gentleman from Oklahoma [Mr. her remarks.) jected by the voters in 1994. Priorities ISTOOK]. Ms. JACKSON-LEE. Mr. Chairman, I must be set. Repealing the Domestic Mr. ISTOOK. Mr. Chairman, article I, join the gentlewoman from the District Partnership Act is the perfect oppor- section 8 of the U.S. Constitution says of Columbia for her wisdom in rec- tunity to set some priorities in this the Congress of the United States has ognizing that there is something to House and ensure that funding for non- the authority to exercise exclusive leg- sovereignty. essential programs will not be sanc- islation in all cases whatsoever over This bill covers disabled citizens. It tioned by this Congress. the District of Columbia. In fact, when covers those unable to care for them- Laws that, in essence, allow homo- the home rule charter was passed for selves. It covers the grandmothers liv- sexual, heterosexual couples to cohabi- the District of Columbia, that author- ing with the daughter trying to protect tate, register as domestic partners and ity was expressly retained because we their life and jointly raising children. receive health benefits in addition to cannot give it away. Even if we wanted Yes, it covers African-Americans, other legal rights undermine the tradi- to, we have responsibility for the laws Asians, Latinos, it covers gays and les- tional moral values that are the bed- of the District of Columbia, and if they bians. It simply covers the human fam- rock of this Nation. Legitimizing these are out of tune with what they should ily. relationships will only serve to erode be, with what should be the laws in the I am somewhat concerned with the our Nation’s values. The Domestic United States of America, we as Mem- new message of the U.S. Congress of Partnership Act is nothing more than a bers of Congress have the obligation, States rights. Although I recognize revolving door for people who have no we have the duty, we have taken an that many time States rights enslaved desire to enter into marriage but still oath that says we will act. me as an African-American, I am pre- wish to receive all the legal and social Three years straight, the House of pared now to join with them and give benefits of the sacred institution of Representatives and the Senate in bills to the District of Columbia the privi- marriage. that have passed and been signed into lege of being able to say that they be- We must make it clear that these re- law by the President, 3 years straight lieve in the humanity of all mankind lationships will not be endorsed by this we have said the law that is now at and womankind, if you will, and that Congress. issue will not be effective, will not be they should have the opportunity to Support the amendment offered by enforced. We have had votes in 1994, in rise up to be covered by good health the gentleman from Indiana to ensure 1993, in 1992, and now in 1995. It is time care, to visit their loved ones, to pro- that D.C. sets its budgetary priorities that we say we make this a permanent tect grandmothers, protect the dis- straight. Say ‘‘no’’ to irresponsible so- restriction. abled and simply run their business. cial experimenting, and let us not to- We do not believe in redefining the I do not know why we have nothing night redefine the definition of the family. I heard a speaker say, after all, else to do and why we feel we must in- family. Vote ‘‘yes’’ on this amendment. this measure says that people ought to trude into this process. I simply ask for Mr. DIXON. Mr. Chairman, I yield 11⁄2 be treated with the same advantages as fairness, ladies and gentlemen, just a minutes to the gentleman from New if they were married if they are hetero- simple question of fairness. Treat all York [Mr. NADLER]. sexual and living together. He thought people alike. H 11660 CONGRESSIONAL RECORD — HOUSE November 1, 1995 This is a bad amendment. I would ask explain to the Senator from North of Columbia, and, by the way, I am also you to vote against it and vote for hu- Carolina the relevance of that, when struck, I guess maybe the New York manity and believe that gays and les- more people have died of AIDS than Times is going to have to recall the bians are human as well. died in World War II. issue of a couple weeks ago with the Mr. HOSTETTLER. Mr. Chairman, I But I want to address this notion picture of Marion Barry and NEWT yield myself the remainder of my time. that somehow this undermines the GINGRICH on the cover, the two pals. Mr. Chairman, in conclusion, I would family. Members have said ‘‘Well, peo- Speaker GINGRICH said he is for home just like to reiterate the points that ple are here looking for their ap- rule. What, until bigotry says other- need to be made in consideration of proval.’’ Herb and I have been together wise? this amendment. for 8 years. I want to assure those who We are not talking about the con- First of all, we have a constitutional have spoken in favor of this, we do not stitutional right to do things. We have obligation in this issue. Article I, sec- seek your approval. It is of no con- a constitutional right to do a lot of tion 8, clause 17, is that authority sequence to us whatsoever. things. The question is whether or not under which I am offering this amend- What we seek is to protect ourselves, we should do it. and, even more, people more vulnerable ment. Section 601 of the Home Rule What is it that drives us to say that than us, from the bigotry and inter- Act further returns to the Constitution we will strike from the books some- ference that would harass them, belit- on Congress’ ability to legislate here. thing that was democratically done by tle them, and deny them basic rights. Also, there is the issue of ERISA pre- the elected people of the District of Co- And you say ‘‘Well, you have got to do emption. We are also considering the lumbia? ‘‘Well, it is going to undermine this. It is not meanness, it is not big- moral and legal erosion of the tradi- the family.’’ I have asked and asked otry. You have got to do it, because it tional family in this. and asked again, how does the fact that would undermine the family.’’ We also must then point out, Mr. Herb and I share a residence in the Dis- Chairman, that in all practical terms That is bizarre. Is your faith in the family of such fragility that you think trict of Columbia, and care for each, this legislation has never been imple- people are going to learn that Herb and and love each other, and wish to spend mented. This Congress has never appro- I live together, that Dean and Gary our time together, how does that un- priated $1 for the implementation of live together, and they are going to dermine your family? What is it about this legislation in this legislation’s his- leave their wives? our life that is going to tear asunder tory, and so that must be reiterated. I have said this before. There was a these family ties? I would like to also point out, as I commercial before about V–8 Juice, What we are talking about, and this am, that there is something very and there would be this cartoon char- makes it very clear, we are not talking wrong with a piece of legislation that acter. And he would drink an apple about a threat to the family. We are says this, that a person may register a juice, and he would drink a tomato talking about people who cannot abide, new domestic partner after a waiting juice, and he would drink a carrot apparently, people differing with them. period of only 6 months. Thereby, a juice. And someone would give him a That is what we are talking about. person could feasibly put two domestic V–8, and he would say, ‘‘I could have I have no desire to abandon families. partners a year onto his or her health had a V–8.’’ Ten days ago Herb and I were hosts to plan every year for the rest of his or What are we, gay men, the V–8 of his sister and brother-in-law and their her life. American society? Are you so fright- two children, and then my niece came Mr. Chairman, I am coming up very ened that people will see two men liv- down. We are both members of loving, soon now on 12 years of marriage. Mar- ing together in a loving relationship, extended families. We interact quite riage is an institution in this country or two women living together in a lov- well with our families. that I believe needs to be edified and ing relationship, and that will under- This is an absolute tissue of lies, this exalted, and our Congress should do its mine the family? Shame on those. You assertion that you are doing this to part. are the ones who undermine the family protect the family, because anyone I ask for a ‘‘yea’’ vote on this amend- when you trivialize it like this. who understands families, who under- ment. If you want to compare, if your view stands what the emotion really is that Mr. DIXON. Mr. Chairman, I yield of the family is that materialistic, ap- brings families together, could not the balance of my time to the distin- parently some of them believe on the think that we undermine the family. guished gentleman from Massachusetts other side that if you do not bribe peo- I would ask the Members to vote [Mr. FRANK]. ple, they will not stay in their families. with the earliest speaker in favor of Mr. FRANK of Massachusetts. Mr. If you have that materialistic view, I home rule, and not with this effort to Chairman, I hope intellectual honesty would say do not worry, because there impose bigotry on the people of the is still in order. ERISA, schmarisa, this will still be many, many more advan- District of Columbia. is not about ERISA. This is about peo- tages. The right to visit someone who The CHAIRMAN. The question is on ple who want to show a dislike and dis- is very ill, and that right has been de- the amendment offered by the gen- approval of gay men and lesbians, and nied to gay partners. It is not purely tleman from Indiana [Mr. for some odd reason, apparently they academic, it has been denied to people. HOSTETTLER]. find gay men and lesbians more obnox- The material balance will still be on The question was taken; and the ious if we happen to be in a stable rela- your side. Chairman announced that the noes ap- tionship than if we are not. But I have to know what it is, how does this mechanism work? How are we peared to have it. b 1815 undermining families? And you say, RECORDED VOTE This is the ‘‘Promote Promiscuity ‘‘Well, we don’t want the Federal Gov- Mr. HOSTETTLER. Mr. Chairman, I Act,’’ I suppose, but people sometimes ernment to give this stamp of ap- demand a recorded vote. get into unintended consequences. Let proval.’’ That is a very totalitarian A recorded vote was ordered. us also be clear the nitpicking of the concept of the Federal Government. The vote was taken by electronic de- statute, it is a District of Columbia or- What happened to your libertarianism? vice, and there were—ayes 249, noes 172, dinance, is besides the point. If it were Is it not the role of the Federal Gov- answered ‘‘present’’ 1, not voting 10, as tightened, if it in fact said this is for ernment in fact to let people make follows: gay men and lesbians who could not their own choices. Are you saying that [Roll No. 759] otherwise be married, they would be the people you represent, the people for AYES—249 just as angry. whom you speak, do not think what Allard Barcia Bilbray I did agree with the gentleman from they do has value, unless it is stamped Archer Barr Bilirakis California, who pointed out how many ‘‘kosher for Passover’’ by the Federal Armey Barrett (NE) Bliley people have died of AIDS, who were Government, the necessary changes Bachus Bartlett Boehner well below the normal age at which Baesler Bass Bonilla being made? Baker (CA) Bateman Boucher people die. I welcome his support for I do not understand the logic here. In Baker (LA) Bereuter Brewster greater AIDS funding. Maybe he will fact, what has happened is the District Ballenger Bevill Browder November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11661 Brownback Hayes Pombo Gunderson Markey Sanders of the Interior and related agencies for Bryant (TN) Hayworth Pomeroy Gutierrez Martinez Sawyer the fiscal year ending September 30, Bunn Hefley Porter Hastings (FL) Mascara Schiff Bunning Hefner Portman Hilliard Matsui Schroeder 1996, and for other purposes, which was Burr Heineman Poshard Hinchey McCarthy Schumer referred to the House Calendar and or- Burton Herger Pryce Horn McDermott Scott dered to be printed. Buyer Hilleary Quillen Houghton McHale Serrano Callahan Hobson Quinn Hoyer McKinney Shays f Calvert Hoekstra Radanovich Jackson-Lee Meehan Skaggs Camp Hoke Rahall Jacobs Meek Slaughter PERSONAL EXPLANATION Canady Holden Ramstad Jefferson Menendez Stark Chabot Hostettler Regula Johnson (CT) Mfume Mr. RUSH. Mr. Speaker, on rollcall Chambliss Hunter Riggs Johnson, E. B. Miller (CA) Stokes votes 733 and 734, I was unavoidably de- Studds Chenoweth Hutchinson Roberts Johnston Minge tained and was not here to vote. Christensen Hyde Roemer Kanjorski Mink Thomas Chrysler Inglis Rogers Kaptur Moran Thompson Mr. Speaker, had I been here to vote, Clement Istook Ros-Lehtinen Kelly Morella Thurman I would have voted, ‘‘aye’’ on rollcall Clinger Johnson (SD) Rose Kennedy (MA) Nadler Torkildsen vote 733 and ‘‘aye’’ on rollcall vote 734. Coble Johnson, Sam Roth Kennedy (RI) Neal Torres Coburn Jones Roukema Kennelly Oberstar Torricelli f Collins (GA) Kasich Royce Kildee Olver Towns Combest Kim Salmon Kleczka Owens Traficant PERMISSION FOR SUNDRY COM- Cooley King Sanford Klink Pallone Velazquez MITTEES AND THEIR SUB- Costello Kingston Saxton Klug Pastor Vento Cox Knollenberg Scarborough Kolbe Payne (NJ) COMMITTEES TO SIT TOMORROW Ward DURING 5-MINUTE RULE Cramer LaFalce Schaefer Lantos Pelosi Waters Crane LaHood Lazio Seastrand Peterson (FL) Watt (NC) Crapo Largent Sensenbrenner Leach Rangel Mr. SCARBOROUGH. Mr. Speaker, I Waxman Cremeans Latham Shadegg Levin Reed ask unanimous consent that the fol- White Cubin LaTourette Shaw Lewis (GA) Richardson Williams lowing committees and their sub- Cunningham Laughlin Shuster Lincoln Rivers committees be permitted to sit tomor- Danner Lewis (CA) Sisisky Lofgren Rohrabacher Woolsey Davis Lewis (KY) Skeen Lowey Roybal-Allard Wyden row while the House is meeting in the de la Garza Lightfoot Skelton Luther Rush Wynn Committee of the Whole House under Deal Linder Smith (MI) Maloney Sabo Yates the 5-minute rule. DeLay Lipinski Smith (NJ) Diaz-Balart Livingston Smith (TX) ANSWERED ‘‘PRESENT’’—1 Committee on Banking and Financial Dickey LoBiondo Smith (WA) Obey Services, Committee on Commerce, Doolittle Longley Solomon Committee on Economic and Edu- NOT VOTING—10 Dornan Lucas Souder cational Opportunities, Committee on Dreier Manton Spence Chapman Moakley Volkmer Government Reform and Oversight, Duncan Manzullo Spratt Fields (LA) Murtha Weldon (PA) Dunn Martini Stearns Harman Thornton Committee on House Oversight, Com- Edwards McCollum Stenholm McDade Tucker mittee on the Judiciary, Committee on Ehlers McCrery Stockman National Security, Committee on Re- Ehrlich McHugh Stump b 1840 Emerson McInnis Stupak sources, Committee on Science, and Everett McIntosh Talent Mr. BONO, Mr. BALDACCI, and Ms. the Committee on Transportation and Ewing McKeon Tanner BROWN of Florida changed their vote Infrastructure. Fawell McNulty Tate from ‘‘aye’’ to ‘‘no.’’ It is my understanding that the mi- Fields (TX) Metcalf Tauzin Mr. NEY and Mr. FORBES changed Forbes Meyers Taylor (MS) nority has been consulted and that Fowler Mica Taylor (NC) their vote from ‘‘no’’ to ‘‘aye.’’ there is no objection to these requests. Fox Miller (FL) Tejeda So the amendment was agreed to. The SPEAKER pro tempore (Mr. AL- Franks (CT) Molinari Thornberry The result of the vote was announced LARD). Is there objection to the request Frisa Mollohan Tiahrt as above recorded. Funderburk Montgomery Upton Mr. WALSH. Mr. Chairman, I move of the gentleman from Florida? Gallegly Moorhead Visclosky There was no objection. Ganske Myers Vucanovich that the Committee do now rise. Gekas Myrick Waldholtz The motion was agreed to. f Geren Nethercutt Walker Accordingly, the Committee rose; Gillmor Neumann Walsh ORDER OF BUSINESS Goodlatte Ney Wamp and the Speaker pro tempore (Mr. AL- Goodling Norwood Watts (OK) LARD) having assumed the chair, Mr. Mr. SCARBOROUGH. Mr. Speaker, I Gordon Nussle Weldon (FL) HASTINGS of Washington, Chairman of ask unanimous consent that the order Goss Ortiz Weller of the 5-minute special orders granted Graham Orton Whitfield the Committee of the Whole House on Gutknecht Oxley Wicker the State of the Union, reported that today to Ms. ROS-LEHTINEN and Mr. Hall (OH) Packard Wilson that Committee, having had under con- CLINGER be transposed. Hall (TX) Parker Wise sideration the bill (H.R. 2446) making The SPEAKER pro tempore. Is there Hamilton Paxon Wolf Hancock Payne (VA) Young (AK) appropriations for the government of objection to the request of the gen- Hansen Peterson (MN) Young (FL) the District of Columbia and other ac- tleman from Florida? Hastert Petri Zeliff tivities chargeable in whole or in part There was no objection. Hastings (WA) Pickett Zimmer against the revenues of said District f NOES—172 for the fiscal year ending September 30, Abercrombie Clayton Evans 1996, and for other purposes, had come REPUBLICAN RESPONSE TO DYING Ackerman Clyburn Farr to no resolution thereon. ON THE VINE Andrews Coleman Fattah Baldacci Collins (IL) Fazio f (Mr. LINDER asked and was given Barrett (WI) Collins (MI) Filner permission to address the House for 1 Barton Condit Flake REPORT ON RESOLUTION WAIVING minute.) Becerra Conyers Flanagan POINTS OF ORDER AGAINST Mr. LINDER. Mr. Speaker, I just Beilenson Coyne Foglietta FURTHER CONFERENCE REPORT Bentsen DeFazio Foley must respond to the comments made Berman DeLauro Ford ON H.R. 1977, DEPARTMENT OF by the gentleman before me because Bishop Dellums Frank (MA) THE INTERIOR AND RELATED they are simply not true. Blute Deutsch Franks (NJ) AGENCIES APPROPRIATIONS Boehlert Dicks Frelinghuysen What the Speaker has said in a Bonior Dingell Frost ACT, 1996 speech last week was he would like for Bono Dixon Furse Ms. PRYCE, from the Committee on the Health Care Financing Administra- Borski Doggett Gejdenson Brown (CA) Dooley Gephardt Rules, submitted a privileged report tion to wither on the vine. So would I. Brown (FL) Doyle Gibbons (Rept. No. 104–304) on the resolution (H. So would everyone. Brown (OH) Durbin Gilchrest Res. 253) waiving points of order As we take Medicare into more pri- Bryant (TX) Engel Gilman against the further conference report vate markets with managed care op- Cardin English Gonzalez Castle Ensign Green to accompany the bill (H.R. 1977) mak- portunities and private insurance op- Clay Eshoo Greenwood ing appropriations for the Department portunities, we hope that the Health H 11662 CONGRESSIONAL RECORD — HOUSE November 1, 1995 Care Financing Administration, which Committee. The truth is that this issue purposes of questioning a witness at a has strangled health care with regu- is really about partisan politics. I hearing. latory burdens, does indeed die on the shouldn’t have to be here tonight, or In fact, we all make errors. I would vine. for that matter none of us should be. I like to expose some of the inaccuracies Let me also point out that in 1965 find it truly discouraging when Con- expressed last week in speeches given when Medicare was passed, nearly half gress has so many urgent matters at by my Democrat colleagues with re- of the Republicans then in this House hand, balancing the budget, health gards to this incident. I will give them voted in favor of it. That should be care, and education, just to name a the benefit of the doubt, and assume pointed out again. Nearly half of the few, we find ourselves having to spend that they too were errors. First, it was Republicans supported it. Over half time and money addressing a matter stated that Subcommittee Chairman support it now. Nearly all of us want to that deserves nothing more than a MCINTOSH did not issue a letter of apol- fix it, preserve it, protect it. But allow- brief explanation and an apology. Both ogy for some time, but in fact, a writ- ing erroneous statements to be made of which have already been done. ten letter of apology was issued that simply is not helping the process. I hope tonight that once and for all very same day. Second, it was stated HCFA, the Health Care Financing we can put an end to discussing this the motion to table Mrs. SLAUGHTER’s Administration, should wither on the issue—we are beating a dead horse. resolution was voted down twice—when vine. Medicare will be better for it. Many of us, like myself, are sick and in fact it was only voted down once by Mr. Speaker, the text of the speech tired of discussing this nonissue. Clear- the House. Third, this incident is being by Speaker GINGRICH follows: ly, this whole incident has been exag- mischaracterized as a criminal forgery. [From the Washington Times, Oct. 27, 1995] gerated and blown way out of propor- This is erroneous. For the record, ac- GINGRICH SAYS HALT MONOPOLY tion. cording the Perkins’ casebook defining Text of House Speaker Newt Gingrich’s re- Let me clarify exactly what hap- criminal law the term ‘‘forgery’’ means marks before a conference of Blue Cross and pened. On September 28 as part of a the fraudulent making of a false writ- Blue Shield on Tuesday. hearing conducted by the National ing having apparent legal significance. Now let me talk a little bit about Medi- Economic Growth, Natural Resources, This prop had no such legal signifi- care. Let me start at the vision level so you and Regulatory Affairs Subcommittee cance; it was not done intentionally, understand how radically different we are and it was not done to deceive. It was and why it’s so hard for the press corps to a prop was prepared to show that cer- cover us. Medicare is the 1964 Blue Cross plan tain organizations received Federal intended to be used for the purposes of codified into law by Lyndon B. Johnson, and grants. The prop, a large chart pre- questioning a witness during a hearing. it is about what you’d—I mean, if you all pared by HIS, was a reproduction of the Mr. Speaker, there was no forgery went out in the marketplace tomorrow organization’s letterhead and showed and there was no crime committed. morning and said, ‘‘Hi, I’ve got a 1964 Blue in red ink the amount of Federal funds What I find most embarrassing and up- Cross plan,’’ I’ll let you decide how competi- received by several members of the or- setting about this entire incident is the tive you’d be. But I don’t think very. ganization. The exhibit was xeroxed on amount of time and money spent by So what we’re trying to do, first of all, is Members discussing it on the House say, OK, here is a government monopoly letter size paper so that those that plan. We’re designing a free-market plan. might not otherwise be able to see the floor. There is nothing more to dis- Now, they’re very different models. You easel could review it, including mem- cuss—so let’s be done with it and get know, we tell Boris Yeltsin, ‘‘Get rid of cen- bers of the press, and was released be- on with the business that the taxpayers tralized command bureaucracies. Go to the fore the prop itself. The prop did not sent us here to do. marketplace.’’ OK, what do you think the include any identifying information on f Health Care Financing Administration is? it as to who prepared it as many hear- It’s a centralized command bureaucracy. It’s ing props do not; it was to be used for HOLDING DEBT CEILING HOSTAGE everything we’re telling Boris Yeltsin to get WILL HURT WORKING AMERICANS rid of. Now we don’t get rid of it in Round 1 questioning a witness as to whether because we don’t think that that’s politi- the information on the chart was accu- The SPEAKER pro tempore. Under a cally smart and we don’t think that’s the rate. No one who saw the prop or docu- previous order of the House, the gen- right way to go through a transition. But we ment would believe that it was put out tleman from Michigan [Mr. BONIOR] is believe it’s going to wither on the vine be- by the organization itself. recognized for 5 minutes. cause we think people are voluntarily going Was there a crime committed? Was Mr. BONIOR. Mr. Speaker, in the to leave it—voluntarily. Notice the dif- ference, again, from the Clinton plan. No one there a conscious attempt to deceive? past 220 years, America has been under our plan is coerced into doing any- Was this a forgery? The answer to each through 10 wars, the westward expan- thing. of these questions is a resounding no. sion, a Civil War, the Industrial Revo- f This whole incident is being blown out lution, the Great Depression, Naziism, of proportion. What did occur is that a and Communism. This Capitol that we b 1845 new staffer on the Hill simply made an reside in right now was even burned in error. A human error. Nothing more, 1812, I believe. SPECIAL ORDERS nothing less. Our Democrat colleagues Mr. Speaker, through it all, through The SPEAKER pro tempore (Mr. AL- want to spend more taxpayer money on all of that, for 220 years, the govern- LARD). Under the Speaker’s announced trying to pursue an ethics violation. ment has paid its bills. It has always policy of May 12, 1995, and under a pre- However, if one looks at the history of paid its bills. But now Speaker GING- vious order of the House, the following the types of ethics investigations RICH is threatening to put it all at risk. Members will be recognized for 5 min- brought before the House in the past The Washington Times pointed out utes each. they are far more serious charges, such last Thursday, in order to force f as bribery or sexual harassment. There through the extreme Republican budg- is no basis for comparison. The one in- et, they pointed out by the way which HEARING ‘‘PROP’’ INCIDENT DOES cident referenced last week regarding a would cut Medicare to pay for tax NOT MERIT ETHICS INVESTIGA- staffer who in 1983 intentionally and breaks for the wealthy, they pointed TION maliciously altered transcripts, which out that the Speaker is threatening to The SPEAKER pro tempore. Under a are official records of the House was a throw the U.S. Government into de- previous order of the House, the gen- concern because of the legal nature of fault for the first time in our history. tleman from Pennsylvania [Mr. the document as legislative history. In order to ram through their Medi- CLINGER] is recognized for 5 minutes. There is a big distinction between a care cuts, Speaker GINGRICH is willing Mr. CLINGER. Mr. Speaker, hal- prop used at a hearing to question a to use the debt limit to blackmail the loween is over and it is time to take off witness and altering the official President, to hold America’s working the masks and reveal to the American records of the House. There is abso- families hostage, and put us in league public the truth about the so-called lutely no precedent in the history of with some of the Third World nations ethics matter regarding a prop used at the House for bringing up an ethics who have not met their obligations a recent subcommittee hearing in the charge based upon the unintentional over the years and who do not honor Government Reform and Oversight actions of a staffer creating a prop for their promises. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11663

Mr. Speaker, this just will not be an Ms. DELAURO. Mr. Speaker, this bit will mean to working families in international embarrassment or an em- afternoon the Republican leaders in the this country. barrassment that breaks records of his- House and Senate went to the White It’s hard to believe that Republicans torical precedence. It is going to have a House in an attempt to blackmail the are willing to bankrupt the country. devastating impact on the men and President into signing their extreme What’s worse is that this is all being women, the working men and women in budget. done to force the President to sign a this country. It is going to affect them Democrats and the President are op- budget that will further devastate directly. posed to the Republican budget because working families. The debt ceiling affects interest it includes deep cuts in Medicare and It’s a budget that would repeal Fed- rates. If we do not pay our bills, inter- Medicaid and because it increases taxes eral nursing home standards. That’s est rates are going to go up. Some peo- on working families, while cutting right. The House budget would end ple say they are going to shoot through taxes for the wealthy. minimum protections for senior citi- the roof. The Gingrich interest rate in- The President has promised to veto zens in nursing homes, opening the crease will mean that Americans will the budget unless changes are made to door for a return to the health care pay more for car loans; they will pay protect seniors, children and working dark ages of bed restraints and mind- more for school loans; they will pay families from bearing the brunt of GOP altering drugs. cuts. more for credit cards. It’s a budget that would increase But now, Speaker GINGRICH and the Worst of all, every family that has an taxes on working families, while de- adjustable mortgage rate, they have an leader of the other body are attempting to blackmail the President by threat- creasing taxes on millionaires. By ARM, and there are literally millions changing the earned income tax credit, of Americans who have these financial ening to throw the government into de- fault if the President doesn’t sign their the Republican budget means that instruments to pay for their mortgage, working families will pay higher taxes they will see their payments go up extreme budget. It’s a very dangerous game. Playing politics with our econ- last year. In my district, this budget right around Christmas time. will raise taxes on 14,309 working fami- New home buyers could easily see a omy is bad news for both Wall Street lies. $600 mortgage increase. That is what is and Main Street. The Speaker’s irre- at stake when we talk about the debt sponsible threats sent shock waves up It’s a budget that would allow big limit, and when we talk about holding and down Wall Street. But, the real im- corporations to raid the pension funds it hostage, and when we talk about for pact of the Speaker’s ill-considered po- of their workers. This budget repeals the first time in 220 years not paying litical gambit will be felt on Main current penalties for pension raids and our bills. Street. Once again, working families allows companies to dip into their em- Mr. Speaker, this will have an effect will be hurt the most. ployees’ retirement money for any rea- on the pension funds of senior citizens In fact, the Speaker’s threat to throw son whatever. In my State, it will and the savings plans of many people government into default will amount mean that $6.5 billion in retirement who have payroll deduction plans. to a Christmas tax on working fami- funds will be at risk. One Republican Member on this side lies. You see if the government goes Eliminating nursing standards, rais- of the aisle even suggested that they belly up, interest rates will go up and ing taxes on working families and al- should use all the tricks up their up. What does that mean? Well, for lowing giant corporations to squander sleeve. He suggested that Republicans starters, it would mean higher mort- their workers retirement benefits have let the Government go bankrupt, even gage, car loan and credit card pay- nothing to do with balancing the budg- if it means delaying tax refunds next ments. et. They have everything to do with year. He even suggested that we not For millions of working families with the upside down priorities of the GOP put payroll tax receipts into the Social adjustable rate mortgages, increased majority. Security trust fund. interest rates will mean their monthly Let’s not play politics with working Keep in mind, this comes from the payments will mean their monthly families’ monthly mortgage payments. same party which had a Congressman payments will increase, just in time for Let’s not play politics with working define the middle-class last week as Christmas. people’s tax refunds. Let’s not play pol- those people who earn between $300,000 If the Speaker forces the Government itics with the financial markets. and $750,000 a year, and he defined the into default, Americans can expect to Republicans are attempting to black- lower middle-class as those making be- ring in the New Year with higher car mail President Clinton into signing tween $100,000 and $200,000 a year. I loans and credit card payments. their extreme budget bill, but it is would sure like to live in his neighbor- In fact, a Tuesday Washington Times working Americans who are being hood. story explained that Republicans are so asked to pay the ransom. Mr. Speaker, the Gingrich budget committed to their blackmail strategy f passed last week slashes Medicare and that they would be willing to allow the slashes Medicaid; it cuts student loans; Government to default, even if it b 1900 it repeals nursing home standards, all means they will have to delay income to pay for tax breaks for the wealthiest tax refunds next year. SEQUENCE OF SPECIAL ORDER Mr. Speaker, this is the quote from individuals and the wealthiest corpora- Mr. SMITH of Michigan. Mr. Speak- the Washington Times, Tuesday, Octo- tions in America. er, since my name was invoked by the ber 31: Speaker GINGRICH says we have to de- previous speaker, I would ask unani- fault on our debt in order to get the Representative Nick Smith, the Michigan mous consent that I be allowed to go budget passed. Mr. Speaker, I say they Republican who heads a 130 member House coalition that wants to use the debt limit as out of order with my 5 minutes and have to drop these irresponsible tax speak at this time. breaks for the wealthy. We stand with leverage to force Mr. Clinton to sign the Re- publican budget, said he believes the Treas- The SPEAKER pro tempore (Mr. AL- the President and we stand solid and ury could go through January without a debt LARD). Is there objection to the request we say to the President, ‘‘Hold firm, increase, and if it delayed income tax re- of the gentleman from Michigan? Mr. President. You are doing the right funds next year, it might last through There was no objection. thing.’’ spring. f So, in fact, the gentleman does not f really care if people do not get their in- THE DEBT CEILING REPUBLICAN ATTEMPTS TO come tax refund, if the interest rates BLACKMAIL PRESIDENT WILL go up, and people have to pay a higher The SPEAKER pro tempore. Under a REQUIRE AMERICANS TO PAY mortgage payment, car loan payment, previous order of the House, the gen- RANSOM or credit card payment. tleman from Michigan [Mr. SMITH] is The SPEAKER pro tempore. Under a Mr. Speaker, raising mortgage rates recognized for 5 minutes. previous order of the House, the gentle- for homeowners and denying tax re- Mr. SMITH of Michigan. Mr. Speak- woman from Connecticut [Ms. funds to hard-working Americans is er, first I would like to ask the pre- DELAURO] is recognized for 5 minutes. wrong. But, that’s what this GOP gam- vious speaker if I could have that H 11664 CONGRESSIONAL RECORD — HOUSE November 1, 1995 chart. It is a beautiful chart. It must Mr. SMITH of Michigan. Reclaiming end to that and put an end to an out- have taken several dollars to construct my time, Mr. Speaker, that is exactly rage of the taxpayer subsidizing the that chart. what we are trying to do. We are trying lobbyists here in Washington. But as Let me tell you, Mr. Speaker, and to use the debt ceiling vote as leverage President Reagan has said, it gets dan- our colleagues what is happening with to force not only the President but gerous if you get between the hog and the efforts of the Republicans to reach those 160 of us, it was not 130, it was the bucket. So many of those lobbyists a balanced budget. In Kemp-Roth in 160. are now attacking us personally as we the early 1980s, we talked about reach- We sent the letter to BOB DOLE. We move forward with that effort. ing a balanced budget and we set out a sent the letter to NEWT GINGRICH. We The House Subcommittee on Regu- plan and we failed. In 1986 and 1985, said, look, our interest is in achieving latory Affairs, which I chair, has held Gramm-Rudman again tried to develop a balanced budget. We know it is going four hearings into this, into the use of a plan and a proposal to reach a bal- to be difficult. We know it is going to taxpayer funds by lobbying groups here anced budget and, again, we failed. In be hard, but here is what we are saying. in Washington. The last hearing was on 1990 the same thing happened. We are saying we are not going to vote September 28. At that hearing, the sub- Now we are talking about a situation to increase that debt limit unless we committee invited one of those lobby- where we have increased the spending get on an absolute glide path to a bal- ists, Nan Aron, who is President of the of this country from $370 billion in 1970 anced budget. Alliance for Justice, to testify. The Al- to the $1.5 trillion that we have today. Now Stan Druckenmiller came down liance for Justice is a nonprofit charity Back in 1970, $370 billion. Today the in- from Wall Street today; James Capra that has annual revenues of about a terest on the public debt is almost came down from Wall Street; Edward million dollars. that. Hyman, ranked the number one econo- The Alliance for Justice spends most Last year the interest on the debt mist for each of the last 16 years came of its time educating other nonprofit that is subject to the debt limit was down here today, and Kenneth Langone special interest groups on how to en- $330 billion. This Congress, politicians came down here today. gage in lobbying. in Washington, Members of the Senate, Ladies and gentlemen, what they The Alliance for Justice has about 30 Members of the House, the White said is, you have got to stick to your members. Many of those members re- House have found it to their political guns. If we do not stick to our guns, we ceive millions of dollars in Federal advantage to spend more money to do are going to perpetually continue to grant money and end up paying dues to things for people, and they have de- spend and tax and borrow. The ques- the Alliance for Justice which end up cided that maybe increasing taxes is tion to the American people is, do you funding their lobbying activity. want a bigger government with more not so popular so what we have done is In many ways, this is a money laun- taxes or do you want a smaller govern- expanded our borrowing. dering scheme in which the taxpayer ment with fewer taxes? I mean, that is Do you know what we are doing when dollars go out as grants to groups and the question. The American people an- we borrow all this money and go into end up subsidizing the efforts of lobby- swered it last November. They are now debt like we are today? We are saying ing by the Alliance for Justice. to our kids and our grandkids, we are giving us a chance to fulfill that com- Hillary Clinton’s Children’s Defense going to make you pay this back out of mitment. Fund, the American Arts Alliance, the earnings and wages that you have not Go home and ask your constituents Consumer Union, the Teachers Union even earned yet, possibly that you have that question. and National Education Association, not even had a chance to go through f and the National Organization for school yet, and yet we are saying to Women’s Legal Defense Fund are but a you that our overindulgence today is ALLIANCE FOR JUSTICE few of those members who contribute going to be paid for by your earnings The SPEAKER pro tempore. Under a to the Alliance for Justice. 10, 20, 30, 40, 50 years from now. previous order of the House, the gen- In preparing for this particular hear- How do we get to a balanced budget? tleman from Indiana [Mr. MCINTOSH] is Well, the debt limit and the vote on in- recognized for 5 minutes. ing, I asked the staff to prepare a series creasing the debt limit is not a way to Mr. MCINTOSH. Mr. Speaker, in the of questions for the Alliance. Where do have leverage. It was used in 1985 and past few months observers in this they receive their money? Do they re- 1986. In fact, we have increased the House may have noticed a lot of floor ceive an indirect subsidy from mem- debt limit of this country 77 times time being dedicated to attacks on our bers who receive Federal grants? The since 1940. I mean it has become a way Subcommittee on Regulatory Relief, Alliance responded only in part to of life. Nobody seems to care. my character, and the character of the those questions and said they did not The consequences of that debt are staff. These attacks have centered receive any Federal money themselves, now devastating the kind of economic around a hearing that was held at the but they declined to answer what type expansion we could have. We had four end of September in our subcommittee. of subsidies their members received. individuals from Wall Street down to The gentleman from Pennsylvania [Mr. So I asked my staff to illustrate the Washington today. They came down to CLINGER] addressed some of those is- point to prepare the following chart, talk to Members of Congress about sues in his 5-minute remarks earlier. I which is a blowup of the letterhead of what they thought the consequences of wanted to explain to the body today that group that shows that several of not sticking to our guns and not exactly what happened at that hearing their members do indeed receive Fed- achieving a balanced budget was going so that each Member can decide what eral grant moneys totaling over $7 mil- to be. is at stake in this discussion. lion. They simply said, look, you are half- For several months now, I have been Now, the purpose for this blowup was way through this stream. If you do not working to enact a law that is designed to demonstrate how this money laun- stick to your guns, you are going to see to prevent the taxpayer subsidy for dering scheme operates in this particu- the stock market fall. You are going to lobbyists here in Washington. For lar group. As we engaged in the hear- see the bond market fall, and you are years it has been one of Washington’s ing, we asked the chart to be available going to see more chaos than if you dirty little secrets that thousands and in the hearing room, and the commit- stick to your guns. thousands of groups receive taxpayer tee staff also prepared a smaller 8-by-11 Ms. DELAURO. Mr. Speaker, will the grants. A small subset of them have be- version of this chart to make available gentleman yield? come quite wealthy and use that to the press and to the public who may Mr. SMITH of Michigan. I yield to money to hire their lobbyists to pro- not be able to see it. the gentlewoman from Connecticut. mote more and more spending here in The plan was that we would dem- Ms. DELAURO. Is it not true, though, Congress. onstrate the poster and then place the that what you want to try to do here Now, along with the gentleman from flier in the committee room so that with this debt limit is use it as lever- Oklahoma, Mr. ISTOOK, and the gen- anybody who was interested could have age, as you have said, in order to force tleman from Maryland, Mr. EHRLICH, a copy. the President on the budget? That in now Senator SIMPSON and Senator Unfortunately, what happened was itself has created chaos on Wall Street. CRAIG, we have a bill that will put an the fliers ended up out on the press November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11665 table in advance of the poster. This body saying that the debt ceiling is that tax cut and take back the tax cut created some confusion because it was being used as leverage in order to ac- from many of the wealthy Americans, claimed by Ms. Aron and members of complish a political purpose. To me it we can put more money into Medicare her group that it looked like it was is shocking. I cannot believe that he and into Medicaid so that they are con- their letterhead that was being used to actually admitted that that is the case. tinually viable programs, and that is make this point, because now that it Mr. GEKAS. Mr. Speaker, will the what needs to be done, that is what was an 8-by-11 piece of paper, it looked gentleman yield? hopefully this conference will manage like it was a Xerox of their letterhead. Mr. PALLONE. I yield to the gen- to do or ultimately will be accom- I think most people who will look at tleman from Pennsylvania. plished when the President vetoes the this document will know that this is Mr. GEKAS. Mr. Speaker, is the stat- bill and it comes back. not any type of alleged forgery but is ed goal of the gentleman from Michi- I wanted to mention two points, if I in fact a demonstration of how this gan [Mr. SMITH] to bring about a bal- could, as part of this Medicare and money laundering scheme works. anced budget or to bring about politi- Medicaid debate. There has already Now, my staff ended up answering cal gain with the President of the Unit- been an effort on the part of the Sen- questions about who prepared the docu- ed States? It is, in my judgment, to ate, and if you look at the Senate bill ment. We immediately told people bring about a balanced budget. Nothing versus the House bill in two areas that when asked at the subcommittee hear- else has worked. I think are very beneficial if we can get ing, this is a document that we have Mr. PALLONE. Mr. Speaker, reclaim- these changes, one is that the Senate- prepared, based on research in our sub- ing my time, the point of the matter is passed provisions continue to apply committee on how the taxpayer dollars that the gentleman from Michigan ad- Federal nursing home standards unlike are used. And I apologized later that mitted that he was using the debt ceil- the House bill, and secondly, the Sen- night to Ms. Aron for any confusion ing and the possibility of default for ate-passed provisions require continued with the use of their letterhead. But political purposes. Even if that politi- Medicaid coverage for low-income preg- nonetheless, the attacks continue be- cal purpose is that somehow he sees in nant women and children and for dis- cause they do not want the American the long run that he is going to balance able persons. taxpayer to see how their money is the budget, the effect of the Govern- One of the worst aspects of this being used. ment possibly going into default and House bill is that in fact what it does f what that would mean for the econ- is to take away standards for nursing omy, what it would mean for the mil- homes. Essentially what it means is The SPEAKER pro tempore. Under a lions of people who would see their in- previous order of the House, the gen- that the nursing homes are up to the terest rates rise and their mortgages will of the State if the State, of New tleman from Florida [Mr. GIBBONS] is have to go up, to me it is just totally recognized for 5 minutes. Jersey for example, decides that it does irresponsible. not want to have any kind of standards [Mr. GIBBONS addressed the House. I think that he points out the truth. for nursing home care. His remarks will appear hereafter in That is exactly what the Speaker is So I am hopeful that, when we get to the Extensions of Remarks.] threatening to do, to let the Govern- conference, we can at least address f ment default in order to bully the those issues, trying to bring back the The SPEAKER pro tempore. Under a President into signing his budget bill. I nursing home standards and trying to previous order of the House, the gen- think it is totally uncalled for. At least provide some guaranteed coverage for tleman from Arizona [Mr. HAYWORTH] the gentleman from Michigan was will- the disabled, for pregnant women, and is recognized for 5 minutes. ing to admit it, but it is shocking to also for children. me that that is in fact the case. [Mr. HAYWORTH addressed the I wanted to speak, if I could, about f House. His remarks will appear here- the budget bill. As a member of the The SPEAKER pro tempore (Mr. AL- after in the Extensions of Remarks.] conference, the bottom line is the LARD). Under a previous order of the f House and the Senate, of course, passed House, the gentleman from Illinois different budget bills and now have to [Mr. DURBIN] is recognized for 5 min- THE BUDGET get together, and there is a conference utes. The SPEAKER pro tempore. Under a for that purpose to try to get the two [Mr. DURBIN addressed the House. previous order of the House, the gen- versions together. His remarks will appear hereafter in tleman from New Jersey [Mr. PALLONE] the Extension of Remarks.] is recognized for 5 minutes. b 1915 f Mr. PALLONE. Mr. Speaker, I have One of the things that I wanted to to say I was amazed to hear the gen- mention as a conferee, as a person who The SPEAKER pro tempore. Under a tleman from Michigan who previously is going to be part of that conference, previous order of the House, the gen- spoke to actually admit that the Re- is that if is very possible and, I think tleman from Arizona [Mr. SHADEGG] is publican leadership is using the debt to some extent, the Senate is already recognized for 5 minutes. ceiling as leverage in a political way. recognizing it is very possible, to es- [Mr. SHADEGG addressed the House. The effect on the economy, as was sentially take this budget and mini- His remarks will appear hereafter in mentioned previously by the gentle- mize the tax cuts for the wealthy and the Extension of Remarks.] woman from Connecticut, is incredible. the tax increases on the low- and mid- f To think that the Government might dle-income working families in order The SPEAKER pro tempore. Under a go into default in order to achieve a po- to restore Medicare and Medicaid to previous order of the House, the gen- litical purpose on the part of the Re- programs that continue to provide tleman from California [Mr. MILLER] is publican leadership is incredible to me. quality health care. The problem I recognized for 5 minutes. I do not think that the voters last have right now is that this Republican November, when they went to the budget bill essentially is destroying [Mr. MILLER of California addressed polls, thought that they were voting to Medicare and Medicaid health care pro- the House. His remarks will appear put the Federal Government in debt, grams for the elderly and also for poor hereafter in the Extensions of Re- into default. I was just reading from people in this country in order to pay marks.] American history, remember when I for a tax cut for the wealthy. Medicare f was in grade school, how proud we are is cut $270 billion; Medicare, $270 bil- that over the history of the American lion. Medicaid, about $180 billion, and QUESTIONS FOR COLIN POWELL Republic we have never defaulted on yet we have a tax cut that primarily The SPEAKER pro tempore. Under a our debts and how important it was to goes to wealthy Americans that is $245 previous order of the House, the gen- just get our financial act together from billion. tleman from California [Mr. DORNAN] is the beginning of the United States to So, if in conference or if at some recognized for 5 minutes. make sure that we would not default time later, after the President vetoes Mr. DORNAN. Mr. Speaker, I say to on our debts. Here is a Member of this the bill, we actually were to decrease my colleague, ‘‘LINCOLN DIAZ-BALART, H 11666 CONGRESSIONAL RECORD — HOUSE November 1, 1995 my colleague from Florida, what a of Franklin Delano Roosevelt and flir- 7. Should U.S. troops ever be placed under week; huh? What a day.’’ tation with socialism is over, but be- foreign/U.N. command officers and NCOs and Mr. Speaker, I only have 5 minutes fore we write off the Democrats, I have if yes, should Congress place strict limits on tonight. I could have spoken about one a way to save the Democratic Party such command and control arrangements? of the greatest pro-life victories in the and to save the two-party system, and 8. Should women be allowed into combat? last 20 years, at least since I was sworn Can they opt out on eve of deployment where here it is: raping and torture of POWs is common prac- in on January 4, 1977. I could speak Mr. Speaker, did you read George tice? about this excellent victory, the very Will’s column in Sunday’s paper, 22 9. Why didn’t you resign as Chairman of last vote tonight where we have locked questions for Colin Powell? Well, I the JCS in protest over President Clinton’s in permanently a ban on any redefining have 22 more questions that I am going policy of lifting the ban against homosexuals of the American family. I could talk to submit for the RECORD tonight for in the military or the equally offensive can- about some battles I have been having Colin Powell because guess what? My cellation of the regularly scheduled pay raise with the liberal press of late trying to pal, Colin, No I recommended him to for active duty soldiers? distort my flying record in the Air George Bush in 1988 in writing—thank 10. After supporting the Bush Base Force Plan, why did you then support the Clinton Force. I wish I had flown helicopters, you, right in the nick of time—in writ- but Newsweek is wrong. I flew jet Botton-Up Review defense plan which, by ing that I want George Bush to pick some accounts, is under funded by as much fighters, and I wish I had done both, Colin Powell. I did not know if Dan as $150 billion? but I did not, and I did not crash one Quayle was on a short or a long list, 11. What would you do with regards to the airplane, let alone four, and we are but I wanted him to pick Colin Powell, growing threat of ballistic missiles including working out some sort of an apology or and that was 7 years ago. And Colin specific programs such as Navy upper-tier retraction with Newsweek as we speak. knows I think well of him, but I found and the 24 year old ABM Treaty with the The Hill, one of our little local papers out from his strange answers to a lot of melted down Evil Empire? here, accused me of an ethnic slur that questions and volunteering that he is a 12. Should foreign aid to the former Soviet is really disgusting. If it were not at Rockefeller Republican, he is a Demo- Union (including our DoD funding) be condi- the end of the year with every precious tioned to ensure Russia actually dismantles crat, and he would make a superb Dem- offensive nuclear, biological, and chemical minute for legislative time on the ocrat of character and integrity. If House floor, I would take an hour. You weapons programs? Colin Powell would declare as a Demo- 13. Should dual-purpose technology be freshmen should know this, Robert of crat against Bill Clinton In New Hamp- transferred to communist China while China Maryland. One-hour point of personal shire, he would whip him good. He proceeds with a dramatic military buildup? privilege, not if they attack you on would save the party of Jefferson and 14. Should human rights and democratic radio or television; it is an old law, two Jackson. The American people would principles be heavily considered in granting centuries old If you are attacked in have one wonderful choice 1 year from Most-Favored-Nation trading status to to- writing and it slurs your character, this week on the 5th of November in talitarian nations like China or Vietnam? you can stand up at any point in the Should we keep sanctions against Fidel Cas- 1996, and the two-party system would tro’s oppressive regime in Cuba. day and say, ‘‘Mr. Speaker, I have a be saved. But by Colin Powell, a mod- point of personal privilege.’’ Every- 15. Should the United States have dip- erate Democrat of great character, lomatically recognized Vietnam while ques- thing comes to a screeching halt and coming into the Republican process, you get 1 hour to defend your honor, tions remain unanswered by the communists mucking it up, he emboldens Pat Bu- in Vietnam about what they know concern- and in an age devoid of heroes, when chanan, he unleashes all these other ing Americans still listed as POW/MIA, such honor does not seem to count for much multimillionaires, the billionaire Ross as extensive Politburo and Central Commit- in many pursuits of life, honor is ev- Perot gets energized and goes like a tee records? erything we have in public life. 16. Should Clinton have been allowed to fi- But I am not going to talk about any bull in the China closet destroying the whole process, and look what this very nancially bail-out Mexico without congres- of that. I want to talk about what sional approval or oversight? Haley Barbour, chairman of the Repub- same article says: 17. Should the nations of Poland, Hungary, lican Party, did. He sent me a free copy Writing off the Democrats; is the the Czech and Slovak Republics be allowed of U.S. News & World Report on top of party over? Powell counts the days and into NATO? If so, when? Why not Poland in the one the U.S. News puts in our office strokes the Democrats. He has already 1996? anyways. Thank you, Mort Zuckerman, said he could be either one. It says that 18. Should Chile be allowed to join as a member of NAFTA? and it says on the cover: Republican Richard Armitage, my pal and Colin Powell’s close friend, called the Demo- 19. Should partial-birth abortions be out- National Committee, Haley Barbour, lawed? And except for life-of-the mother, chairman. Every time you start to cratic Leadership Council, what is left of their moderate wing, to congratu- what about banning all abortions in military worry about how we are doing, the Re- facilities? publicans, I want you to remember how late them on their approach to affirma- tive action. 20. Should groups that receive federal they are doing. money be allowed to lobby Congress for fur- So, I lifted up this little Haley card, What is going on here? Colin, if you ther funding, i.e. the AARP? and it says the Democrats, is the party are listening, and I understand you are 21. How should the U.S. better protect its over? They know they are in trouble, watching some of the Presidential de- sovereign borders to illegal immigration and and it is even worse than they think. bates, I hope you are taking notes. enforce U.S. laws? And here is a little donkey sitting on a Here are 22 questions for you, Colin. I 22. Should Hillary Clinton be subpoenaed gravestone. I remember when they did will see how many I can get through to testify in regard to her phone conversa- before the hammer gets down. tions with Maggie Williams and Susan this to the Republican Party after Thomases the morning of July 22, 1993 the Goldwater brought us down to 143 only The list of 22 questions for Colin Powell in its entirety is as follows: day that Bernard Nussbaum blocked inves- on our side, the lowest since the De- tigators from properly searching Vince Fos- pression, and then Nixon, Lord rest his TWENTY-TWO QUESTIONS FOR COLIN POWELL ter’s office? flawed career and wonderful soul, he 1. General, do you oppose the use of U.S. P.S. Can you tap your friends in the Na- brought us down to 143 the year I came, ground troops in Bosnia? tional Security Community for believable 2. Should the debt ceiling be raised without in 1977. We were 143, 144 2 years before cost figures on Haiti and Bosnia through a specific plan to balance the federal budget? September 30, 1995? that, and they wrote the Republican 3. Should the $500 child-tax credit be a part Party off. of this year’s budgetary plans to help ease Mr. Speaker, the others I submit for So, is the party of Jefferson, the the financial pressures on the American fam- the RECORD, and I will take an hour great American patriot who said, ‘‘The ily? special order tomorrow. Read all of least government is the best govern- 4. Should the Consumer Price Index be low- George Will’s 22, my 22, and hope that ment,’’ over? Is the party of Andy ered in order to reduce payments to federal Colin Powell will give us some answers beneficiaries? Jackson, who redefined the Presidency 5. Should agricultural policy be fundamen- before the debate in Florida on the 18th and is one of the most ignored great tally changed in order to adhere more to free where I hope the gentleman from Flor- Presidents of our time, is his party market principles? ida [Mr. DIAZ-BALART], will introduce over? I do not think so. Maybe the part 6. Should capital gains tax cuts be made? me. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11667 The SPEAKER pro tempore. Under a debate we have in this Congress. What were sent to Washington to change this previous order of the House, the gentle- we are going to do is continue on the culture, and if there is one thing I hope woman from Colorado [Mrs. SCHROE- merits of our bill that will protect the we can claim success on come Novem- DER] is recognized for 5 minutes. taxpayer and end the taxpayer subsidy ber 1996, and I will direct this comment [Mrs. SCHROEDER addressed the for lobbyists here in Washington, and I to my colleague from Indiana, it is House. Her remarks will appear here- look forward to working with my col- that we change the culture that seeks after in the Extensions of Remarks.] league from Maryland in doing that. to personalize innocent mistakes. Mr. EHRLICH. If the gentleman will Where I came from, in a State legisla- f stay right there, I hope the American ture, this is a nonevent. The SPEAKER pro tempore. Under a people are watching this tonight, Mr. previous order of the House, the gen- Speaker, and I would like the gen- b 1930 tleman from California [Mr. RIGGS] is tleman in very concise terms to go be- Here, it is an ethics complaint. I sub- recognized for 5 minutes. fore me in 2 minutes the facts of what mit to the people of this country, this [Mr. RIGGS addressed the House. His was set out earlier. is not what they voted for November 8, remarks will appear hereafter in the From my understanding, you have a 1994. I am making it my business, and Extensions of Remarks.] hearing, you were the subcommittee I want the Members to know, and I f chair, a mistake was made, a prop was want every Member of this body to The SPEAKER pro tempore. Under a made, a mistake was made by a staffer; know that this has to stop. I thank my previous order of the House, the gentle- correct? colleague for his indulgence. Mr. MCINTOSH. We should have used woman from Illinois [Mrs. COLLINS] is Mr. MCINTOSH. Mr. Speaker, if the the prop first and then distributed the recognized for 5 minutes. gentleman will yield, let me say that I smaller version. [Mrs. COLLINS of Illinois addressed wholeheartedly agree, that we need to Mr. EHRLICH. It was distributed get to debating the facts. In this par- the House. Her remarks will appear prior to the time it should have been hereafter in the Extensions of Re- ticular case, I think what is feared distributed; is that correct? more than anything by these groups is marks.] Mr. MCINTOSH. That is correct. that we will succeed in telling the Mr. EHRLICH. When you found out f American people about how their tax about this mistake performed by the The SPEAKER pro tempore. Under a dollars are being used. In this case it staffer, what did you do? previous order of the House, the gen- was $7 million that indirectly went to Mr. MCINTOSH. At the hearing I told tleman from California [Mr. HORN] is benefit this lobbying group through a recognized for 5 minutes. people this is our document. We in- tended to make the point this way, and laundering scheme. Interestingly [Mr. HORN addressed the House. His that evening I sent a letter of apology enough, when I asked Ms. Aron at the remarks will appear hereafter in the to Miss Erin saying, if there was any committee hearing to help us bring out Extensions of Remarks.] umbrage taken, it certainly was not those facts and to tell us if she did not f our intent. agree with these dollar amounts, how The SPEAKER pro tempore. Under a Mr. EHRLICH. And to my colleague much Federal subsidy there was, this previous order of the House, the gen- how long was the offending piece of was her response. tleman from West Virginia [Mr. WISE] paper on the desk for public consump- Mr. EHRLICH. Let me understand is recognized for 5 minutes. tion? Do you know? this now. This quote that you have pro- duced was her response, and that is the [Mr. WISE addressed the House. His Mr. MCINTOSH. I am not sure ex- reason the entire document was gen- remarks will appear hereafter in the actly how long it was there. It did not erated in the first place? Extensions of Remarks.] take long before we were asked about it, and the staff withdrew the docu- Mr. MCINTOSH. She said, ‘‘We are f ment and have since then reissued it not going to tell you, Members of Con- The SPEAKER pro tempore. Under a with a disclaimer that this information gress, how much taxpayer dollars go to previous order of the House, the gen- about the grants comes from the sub- our membership, how and whether that tleman from California [Mr. KIM] is committee. taxpayer dollar is being used to sub- recognized for 5 minutes. Mr. EHRLICH. The irrefutable facts, sidize our lobbying effort.’’ In a typical [Mr. KIM addressed the House. His however, are once I found out the staff- kind of arrogance that has grown up in remarks will appear hereafter in the er had made a mistake, you ordered it this city of people who have gotten Extensions of Remarks.] off the table, you offered an immediate used to living off of the taxpayer dol- f apology, at least you recognized a mis- lars, she said, ‘‘I will not. I will not go into the amounts of Federal monies The SPEAKER pro tempore. Under a take had been made publicly; correct? that my members receive.’’ To me, we previous order of the House, the gentle- And that evening you wrote a formal letter of apology; is that correct? owe it to the taxpayer to tell them woman from Ohio [Ms. KAPTUR] is rec- Mr. MCINTOSH. That is correct. that information. ognized for 5 minutes. Mr. EHRLICH. Now, Mr. Speaker, a Mr. EHRLICH. Mr. Speaker, if only [Ms. KAPTUR addressed the House. political culture that encourages this our opponents would debate the issue Her remarks will appear hereafter in scenario to be transformed into an eth- on the merits. the Extensions of Remarks.] ics complaint against my colleague f f from Indiana is not what the American people have a right to expect. A politi- THE VA-HUD-INDEPENDENT INNOCENT MISTAKE TRANS- cal culture that seeks to personalize AGENCIES CONFERENCE REPORT FORMED INTO AN ETHICS COM- innocent, innocuous mistakes and at- The SPEAKER pro tempore. Under a PLAINT tacks a Member of this body personally previous order of the House, the gen- The SPEAKER pro tempore. Under a not on the issues, not on political phi- tleman from Pennsylvania [Mr. GEKAS] previous order of the House, the gen- losophy, not on political orientation, is recognized for 5 minutes. tleman from Maryland [Mr. EHRLICH] is that is all fair, I would submit, to the recognized for 5 minutes. general public and the Members of this Mr. DORNAN. Mr. Chairman, will the Mr. EHRLICH. Mr. Speaker, I yield body, but a political culture that re- gentleman yield? to the gentleman from Indiana [Mr. quires even a personal attack against Mr. GEKAS. I yield to the gentleman MCINTOSH]. my colleague from Indiana on these from California. Mr. MCINTOSH. Mr. EHRLICH, I want- facts is broken, and I thank my col- REGARDING ATTACKS ON MEMBERS AND THEIR ed to conclude my remarks from ear- league from Indiana for his indulgence. REPRESENTATIVE DUTIES lier and just to say that, regardless of Mr. Speaker, the bottom line to this Mr. DORNAN. Mr. Speaker, I want to these types of attacks on our sub- entire situation, as the chairman of the say to my distinguished colleague, the committee and the process there, we do full committee stated, as the chairman gentleman from Pennsylvania, that I not feel that that should be the type of of the subcommittee stated tonight, we just went up and checked our own H 11668 CONGRESSIONAL RECORD — HOUSE November 1, 1995 House manual book, our rules manual. comply. That is all we wanted to do Mr. LONGLEY. Mr. Speaker, I rise It is in every office. On page 360, you with this rider that is 1 of the 16 or 17 tonight to express my serious concern will read that an attack upon a Mem- riders. over the welfare of an American jour- ber about his representative duties is a Now, when I sent out my letter, my nalist who has just been reported miss- bona fide point of personal privilege. I ‘‘Dear Colleague’’ letter, I alerted ev- ing in Bosnia. I received a phone call would recommend that you do what I eryone that we ought to vote no on the from the father of David Rohde this said I would not do myself to correct Stokes-Boehlert motion to instruct morning indicating that—he was aged some attacks on my honor. I will not conferees, because we could be cutting 28 and currently serving in the Balkans waste the committee’s time, because out highway funds unless we supported as a reporter, Eastern European cor- they were more personal. But that is this rider. If we supported Stokes- respondent for the Christian Science an attack on the whole freshman class, Boehlert, we could be cutting out high- Monitor—I am advised that he has been on me, on all of us, on what we are try- way funds for the 16 States. That is the reported missing as of last Saturday. ing to do. I would recommend you do it essence of my ‘‘Dear Colleague.’’ in the middle of the day tomorrow, or What that was followed by was a American embassies in Belgrade, Za- as soon as you can next week, check it ‘‘Dear Colleague’’ by the gentleman greb, and Sarajevo are all assisting in with the Speaker, but not—— from New York, SHERWOOD BOEHLERT, attempts to locate Mr. Rohde, along Mr. GEKAS. And not tonight. and I guess the former chairman, the with the United Nations. It is believed Mr. DORNAN. And not tonight. gentleman from Ohio, Mr. STOKES, that that David is being held at Pale, and Mr. GEKAS. Thank you for yielding that was not true, that no State would the Christian Science Monitor quoted a back my time. be facing losing highway funds if they U.S. State Department spokesman as Mr. Speaker, I am engaged in a small got rid of this rider and let the EPA do saying that ‘‘All indications are that war of ‘‘Dear Colleagues.’’ My office what it wanted to do. Mr. Rhode was traveling in an area sent out a ‘‘Dear Colleague’’ letter on So what did I do? I researched as fast under the control of the Bosnian Serbs, the impending conference report and as I could, and my staff did an excel- and we hold them responsible for his the vote we are going to take on the lent job to try to bring this into focus. safety.’’ VA-HUD-Independent Agencies appro- We have learned that indeed the EPA I have to confess, Mr. Speaker, that I priations. That ‘‘Dear Colleague’’ was sends out letter after letter to Califor- have a personal interest in this. Not answered by another one, and now we nia, to Pennsylvania, to Virginia, only is Mr. Rohde’s father a constitu- have submitted a surrebuttal ‘‘Dear threatening the loss of highway project ent, but barely 4 years ago I served in Colleague.’’ funds and highway funds unless those uniform as a member of the U.S. Ma- I would like to explain this to the States and others comply with this House, because this information flow- rine Corps. My responsibility in the centralized version. early days of the American incursion ing back and forth is going to be very Then they say, ‘‘We do not mandate into northern Iraq was to work with important in the decision that each centralized monitoring of auto emis- the international press corps who are Member of the House has to make on sions,’’ but then if you do not, then if in that part of the world, in that god- the appropriations for EPA under the you implement something else, you Independent Agencies portion of the could lose 50 percent of the credits that forsaken part of the world, attempting VA-HUD conference report that we are in themselves wind up costing highway to cover the story. going to be debating. funds to the States. I have nothing but profound admira- First of all, Mr. Speaker, let us start Mr. Speaker, I am trying to straight- tion and respect for the courage and from the beginning. This is important. en this out. Let me repeat, the rider the integrity of the international press When we passed the Clean Air Act, and which is in the bill now, which I want corps, particularly many of the brave all of us want clean air, for gosh sakes. to protect, is one that would put the American journalists who risk their Who can accuse anybody in the Con- EPA on hold on these mandates for lives on a daily basis to bring back to gress or outside the Congress of not this centralized system, put them on the American public information on wanting to have clean air? Well, any- hold until we can test the air, get some critical crises around the world. Mr. way, because of the language in the samples, determine the best way to de- Rohde is no exception to my observa- Clean Air Act and the authorization termine this auto emissions program, tions. granted in there, the EPA had certain not to force this down our throats in an I might also note for the record that powers. One of them was to set auto ineffective, cost-ineffective manner. on the issues of Bosnia and the difficult emission standards for the 50 States. f What has happened is that the man- conflict in the Balkans, I have tried to The SPEAKER pro tempore (Mr. AL- dates issued out of the EPA for central- be scrupulously neutral. At no time LARD). Under a previous order of the have I favored any one side over the ized emissions mechanisms in the var- House, the gentlewoman from Florida ious States were so draconian and so other. I feel, and have felt for a long [Ms. ROS-LEHTINEN] is recognized for 5 time, that our interest in the Balkans devoid of proper standards for clean minutes. air, and really devoid of the necessary is to ensure that all three warring [Ms. ROS-LEHTINEN addressed the information upon which proper testing countries resolve their differences and House. Her remarks will appear here- could be accomplished, that 16 States they they live together in peace. But after in the Extensions of Remarks.] had to throw up their hands and deter- there is a certain irony that on the mine that it was impossible for them f very day that the peace process is be- to comply with that kind of centralized The SPEAKER pro tempore. Under a ginning, in Dayton, OH, and that the emission mechanism called for by the previous order of the House, the gen- Presidents of Bosnia, Croatia, and Ser- EPA. tleman from Florida [Mr. bia have arrived in our country, it is So what has happened is that, with a SCARBOROUGH] is recognized for 5 min- ironic that Mr. Rohde has been re- lot of intermediate history which I will utes. ported missing in one of those areas, not reiterate here, we came to the [Mr. SCARBOROUGH addressed the possibly in the Bosnian-Serb area. point where a rider, one of the 16 or 17 House. His remarks will appear here- I would say to the Presidents of those riders, is being inserted into these after in the Extensions of Remarks.] three countries and to the people of Independent Agency appropriations for f those three countries that your credi- the EPA which would say, very innoc- bility is on the line. Whoever took uously and reasonably, that we would DEMANDING INFORMATION ON David captive owes it to report imme- like to see the EPA conduct a 2-year THE WELFARE, WELL-BEING, diately on his welfare and his well- study of air sampling, shall we say, to AND WHEREABOUTS OF JOUR- being. We want an accounting of Mr. determine what is an alternative to the NALIST DAVID ROHDE Rohde. We want his whereabouts dis- centralized mechanism that they are The SPEAKER pro tempore. Under a closed, and we will hold you, whoever mandating, because we do not think previous order of the House, the gen- took this individual captive or is hold- that 16 States, and perhaps others, will tleman from Maine [Mr. LONGLEY] is ing him against his will, we will hold be able to safely and cost-effectively recognized for 5 minutes. you responsible for his safety. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11669

Again, if peace means anything to were receiving the Cuban tyrant, and from Florida [Mr. DIAZ-BALART], this the people of the Balkans or to the some of them giving him gifts: Francis column on Fidel Castro from this countries that are represented in Day- Chaviano. Omar del Pozo, a former week’s Time magazine. The party at ton, OH, this evening, and for the fore- colonel in Castro’s own security force, Mort Zuckerman’s house with Mike seeable future during this peace proc- is receiving electroshocks in a mental Wallace, Dianne Sawyer, Peter Jen- ess, we want an immediate accounting institution for demonstrating for de- nings, Barbara Walters, all sorts of of David Rohde. We want to know that mocracy. Enrique Labrada. There is a other millionaires, and the guest in he is in good condition, and that his 30-year old young woman, Carmen uncharacteristic civilian clothes is safety and health are being respected. Arias, in a dungeon right now because Fidel Castro. Unbelievable. We want him released at the earliest she wrote a letter supporting democ- Mr. Speaker, I thank the gentleman possible moment. racy. Jose Miranda, a political prisoner for yielding. f with 72 days on a hunger strike, and for more than 6 months has been refused Mr. SHAYS. Mr. Speaker, I want to KID-GLOVE TREATMENT OF FIDEL visits by his family. thank the gentleman from Florida [Mr. CASTRO; AND SHOCKING STATIS- That is at this very moment that is DIAZ-BALART] for the work he has done TICS ON OUR NATION’S INCI- going on, and it was going on last week in trying to awaken us to the need to DENCE OF KIDNAPINGS when Castro was being received in New be very aggressive as we deal with Mr. The SPEAKER pro tempore. Under a York. Castro. previous order of the House, the gen- Orson Vila, a Baptist preacher, is in Mr. Speaker, I wanted to address the tleman from Florida [Mr. DIAZ- a dungeon now for preaching the word House for the 4 minutes I have remain- BALART] is recognized for 5 minutes. of Christ in Cuba. These are things I ing to respond very strongly to the fact Mr. DIAZ-BALART. Mr. Speaker, I wanted to mention. I will continue that we have three basic goals in this want to briefly touch upon two sub- mentioning them in the following Republican majority. One, we want to jects this evening. weeks, Mr. Speaker. get our financial house in order and One, there was a visit to the United I wanted to, very briefly, comment balance our budget. The second issue is States last week by the Cuban dic- also on another subject, but very im- that we want to save our trust funds, tator, Castro. Unfortunately, he was portant as well, and commend my dear particularly Medicare, and in the proc- received by many in New York as friend, the gentleman from Florida, ess preserve and strengthen it. Also, though he were something else than PETER DEUTSCH, who in a few weeks just as importantly, we want to change what he is. He was, unfortunately, re- will be holding a special order on the this social and corporate welfare state ceived by some as though he were a issue of kidnappings, and the fact that into an opportunity society. democratically elected leader, or some- so many children in our country are abducted each year, and specifically re- Now, in the process of doing this, I one who was not a horrendous violator have heard tremendous reference to the of human rights. That is more than un- membering a constituent of his and child from our community who we do fact that we are cutting certain pro- fortunate, because it is really degrad- grams that we are not cutting. Admit- ing to those who receive someone like not forget, young Jimmy Ryce, who was kidnapped on September 11 of this tedly, discretionary spending is going that, someone who is a murderer, down. There are real cuts in discre- someone who is responsible for the year. He remembers, and we remember oth- tionary spending. Foreign aid is being killing of tens of thousands of human ers in our community who were also cut. Defense is a hard freeze, but we are beings, and for maintaining an oppres- kidnapped, like Shannon Melendi, a oversubscribed in defense programs, so sive system, denying all human rights college student at Emory, who we will there will be cuts in defense. and democratic possibilities for an en- not forget. We will continue not only tire Nation. But when we come to the earned in- He was received, for example, by Dan to recall, but ask for all, all due efforts come tax credit, it is going up, it is not Rather at CBS News, given a gift by to be engaged in by the authorities. going down. It is going from $19.8 bil- I just want to bring out the fact, I Dan Rather. Mr. Bernard Shaw of the lion this year to $27.4 billion in 7 years. have the figures from 1988, the last CNN network interviewed him in an Only in this city, and where the virus year I have: 3,200 to 4,600 children were hour, and asked absolutely no followup has spread, when you go from $19.8 bil- abducted in our country, ages 4 questions. When Castro was asked by lion to $27.4 billion do people call it a through 11, and most of these attempts Mr. Shaw, for example, why he did not cut. involved a car. What is happening in permit political parties, and Castro The School Lunch Program, calling our society, Mr. Speaker? There can be said they were divisive, there was no it a cut when it goes in 5 years from no crime, obviously, that is more inhu- followup question. When he was asked $6.3 billion to $7.8 billion. How can that mane and simply unjustifiable than by Mr. Shaw with regard to why Cas- be a cut? It is an increase any way you kidnapping children. tro’s daughter calls the tyrant a mur- look at it. b derer and a drug trafficker, the Cuban 1945 Student loans, over a 5-year program dictator simply says, ‘‘That is per- I commend the gentleman from Flor- it is going to go from $24 to $33 billion. sonal,’’ and there was no followup ques- ida [Mr. DIAZ-BALART] for bringing this I say again, only in this city when you tion. subject out. We will continue talking go from $24 to $33 billion in student I would assume that an appropriate about it. There can be no more impor- loans is it a cut. Now, what we are follow-up question would be, ‘‘I’m not tant subject. doing is saying students are going to asking you a personal question, I’m not f pay the interest rate from the moment asking you if you are a good father, I they graduate until that grace period am asking you to react to the fact that THREE GOALS OF THIS ends. That will accrue to them. It will your daughter says you are a drug traf- REPUBLICAN CONGRESS cost them, over the life of the program, ficker and a murderer.’’ Of course, The SPEAKER pro tempore (Mr. AL- $9 more a month if they borrowed there was no follow-up question. I was LARD). Under a previous order of the $17,000. really sad to see a journalist of that House, the gentleman from Connecti- Then, Medicaid. Medicaid is not reputation engage in an interview like cut (Mr. SHAYS) is recognized for 5 min- that. being cut, it is going up. It is going up utes. from $89 to $124 billion. We are going to I guess the key is that there are Mr. DORNAN. Mr. Speaker, would spend over $329 billion more on Medic- names, there are hundreds and really the gentleman from Connecticut [Mr. aid than we did in the last 7 years, we thousands of names that we could list, SHAYS] yield for 10 seconds? I have no time to list them, but I sim- Mr. SHAYS. Mr. Speaker, I will yield are going to spend in the next 7. That ply want to name a few, because they very briefly. is a 73-percent increase. are right now in dungeons in Cuba be- Mr. DORNAN. Mr. Speaker, I thank Medicare is going to go from $178 to cause of the Cuban tyrant, and they the gentleman. $278 billion, $178 to $278 billion over 7 were in those dungeons last week while Mr. Speaker, I wanted to add, at the years. That is a 54-percent increase. Or, some of our colleagues in this House end of the remarks of the gentleman in terms of what we spent in the last H 11670 CONGRESSIONAL RECORD — HOUSE November 1, 1995 7 years, we spent $926 billion, it is colleagues, the gentleman from Min- to our grandchildren. So at the last going to go up to $1.6 trillion. nesota [Mr. GUTKNECHT], the gen- minute they would raise the debt ceil- That is a difference of $674 billion of tleman from Iowa [Mr. LATHAM], the ing. So the toughest vote any Congress new money, 73 percent more than we gentleman from Georgia [Mr. NOR- had to take was to raise the debt ceil- are going to put in Medicare in the WOOD], and the gentleman from Georgia ing. It is still a tough vote. next 7 years than we did in the last 7. [Mr. CHAMBLISS], discussing, as we But frankly, I think if we continue Then if you want to know what it is on should, basically an assessment of down that path and just allow us to a per-beneficiary, it is going to go up 40 where we are on the Contract With every year raise the debt ceiling, and percent. Only in this city, when you America, what we have already accom- the President says he does not like our spend more money like we are spend- plished with the balanced budget budget, but the truth of the matter is ing, do people call it a cut. amendment and the billion dollar he has not offered one that really bal- Now, why are we doing this? We are budget for the first time since 1969, and ances the budget, not within 10 years. doing this because our national debt as well about Medicare reform, and ba- As a matter of fact, the original plan has gone up and up and up. It was sically that has been happening in Con- wouldn’t balance the budget in 10 about $375 billion around 1975. Demo- gress in a positive way under the Re- years. We had $200 billion deficits for as crats and Republicans can share the publican leadership. far as the eye could see. blame in why these deficits go up. A I would call on Congressman White House that was Republican, a GUTKNECHT to really start our dialog He may not like the plan that we Congress that was Democrat. That is tonight on an assessment of what ac- have put together, although frankly I the past and both fingers were on it. complishments have been made and think it is very defensible, but let us But we have an opportunity now to get where you see us going from here. Con- see his plan. I mean where is a real our financial house in order and stop gressman GUTKNECHT. workable plan from the other side, and increasing our national debt. Mr. GUTKNECHT. Well, I do want to the truth of the matter is, there is I just want to say that I am abso- talk a little bit about our accomplish- none. lutely determined that there is not a ments and what has been accom- Earlier we heard one of the speakers chance that I will vote to increase the plished. I am happy all of us are fresh- from the other side of the aisle say this national debt until this President men. We come to this debate with is the Gingrich budget and the black- agrees to a 7-year budget. I want to clean hands. We did not help create the mail attempt may force this country say, contrary to what my colleague problem. We were not here when the into default. But we had a meeting from Connecticut said, we are not say- previous Congresses ran up 4.9 trillion with some of the big bond houses, peo- ing it has to be our budget, we are just dollars’ worth of debt. ple who represent the bond houses ear- simply saying it has to be a 7-year I have to tell you I am a little upset lier today, and I came away with a budget. We will work out our dif- tonight, and I think the American peo- very clear conclusion. It is not whether ference, some of what the President ple should be upset. Frankly, perhaps we are going to default, it is when are wants, some of what we want. The bot- we have been too nice and too gentle- we going to default, unless we really tom line, we have to get our financial manly in this debate about the budget change course, are willing to meet the house in order in 7 years. That is the and what is happening, and what is deficit head-on, and deal with it this outer edge. It would be better if we did happening especially from the adminis- year and begin down the path toward a it in 4 or 5 years. tration relative to our efforts to bal- balanced budget. f ance this Federal budget. So, I am glad I had an opportunity to As I said, we did not help create the get some of this off my chest, but I ACCOMPLISHMENTS OF THE 104TH problem, but we are trying to clean it really have become increasingly frus- CONGRESS up and we are trying to solve it. But I, trated with the lies, the distortions, The SPEAKER pro tempore. Under for one, am really frustrated with the the half truths that are being foisted the Speaker’s announced policy of May half truths, the distortions, and the upon the American public, and I think 12, 1995, the gentleman from Penn- bald-faced lies which are coming out it is up to us to help clear the record. sylvania [Mr. FOX] is recognized for 60 and have been coming out and are minutes as the designee of the major- seemingly getting worse. Mr. LATHAM. Mr. Speaker, if the ity leader. I think it is time that we spend a lit- gentleman would yield, I would just TRIBUTE TO WALT CHACKER tle bit of time tonight clarifying the like to ask the gentleman from Min- Mr. FOX of Pennsylvania. Mr. Speak- record and talking about the facts be- nesota [Mr. GUTKNECHT], is this not the er, I am joined with my colleagues to- cause, as the gentleman from Connecti- same President that is worried about night to speak about many issues fac- cut just mentioned a few minutes ago, upheaval in the bond market and insta- ing the Congress and America. Before I we keep hearing this wornout expres- bility of the dollar? Is this not the do, I wanted to spend at least a few mo- sion that we are cutting Medicare, we same President that gave Mexico $20 ments regarding a very special person are ending student loans, we have cut billion to shore up the peso out of a from my district recently who passed school lunch programs, and we are cut- fund that was meant to stabilize the away, Walt Chacker. He was someone ting other needed programs so that we American dollar and the American very special, recognized by the Presi- can give our rich friends a tax cut. economy? dent of the United States as a Point of Frankly, I think it is time we spend Mr. GUTKNECHT. Mr. Speaker, I Light for his work in establishing the a little bit of time tonight piercing think that is absolutely correct. Zipper Club, which was a support group through that very thin bubble and ex- Mr. LATHAM. Mr. Speaker, if the for those who have had open heart sur- posing the bare truth about what we gentleman would yield further, I think gery or heart transplants. are really doing with this budget and it is unbelievable that they would ac- He lived for a number of years after who the real benefactors will be. It is cuse us of somehow being irresponsible his surgery, and he was an inspiration not the rich. It is working people who when that type of activity has taken to many other individuals who under- get up every day, work hard. They are place. went the surgery and this kind of oper- the glue that holds this society to- If I may continue, I would like to ation. He was a great support for many gether, and I, for one, happen to believe focus on a couple of things just in the people in Pennsylvania and throughout that they are smart enough to under- whole reconciliation, and what this the country, for that matter, and I stand exactly what is happening in really means all together. hope that the great works that he has Washington and what has been going accomplished in his lifetime will be on for too long. This reconciliation bill is huge, and carried on by many others in States all What has been going on for too long it is going to affect everyone in the across this country to help people live is Congress would pass all of the appro- country. There are four basic things longer and better after their surgery priation bills and they would say, oh, that we will accomplish when we get and their heart ailment. gee whiz, once again we spent $250 bil- through reconciliation. Mr. Speaker, at this time I would lion more than we have taken in, and Number one, we will get to a bal- like to enter into a colloquy with my they would say, let us pass the bill on anced budget, and the way we do that November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11671 is not by taxing more, not by taking would have reform of regulations in has a job in this country wealthy. I more money away from the American this country, and we did. We said that know the President thinks in those families themselves, but by actually we would pass an accountability law terms and, certainly, this Democratic cutting wasteful spending here in for Congress, and we did. We said we Congress thinks in those terms. But 90 Washington and downsizing and would pass term limits, and we almost percent of the tax credits that we are streamlining this town and the bu- did, but we did not reach the constitu- going send back to families at home go reaucracy. tional limit. to families with income levels below We are saving Medicare, not only for We said we would pass a stronger $75,000 a year. That is families with now, for the people who are currently crime bill, and we did. We said we mom and pop both working with two in the system, but we are saving it for would pass unfunded mandates legisla- children. I do not believe they will the next generation until the year at tion, and we did. And we said that we come up here and tell us that they are least 2011, which is 6 years farther than would actually balance the budget this wealthy. the other plans that are here that basi- year. Mr. Speaker, 75 percent of the capital cally will cost the same, but we are I would like to ask the gentleman gains tax that we are going to send also giving seniors options and choice from Georgia [Mr. NORWOOD] just what back to people at home goes to people and better benefits. a balanced budget will mean to his con- with incomes less than $50,000 a year. We are finally, after spending over $5 stituents. After that, I will ask the Tell me if my colleagues think that is trillion, and I always think it is ironic other gentleman from Georgia [Mr. wealthy; if they think that is rich. that we have spent over $5 trillion on CHAMBLISS] what this means to the the welfare system in this country, we residents of Georgia and how impor- We are returning their $245 billion are finally going to replace that, but is tant it is for the first time since 1969 tax increase that the Democrats put on it not ironic that that is the same that we are going to balance the budg- us in 1993. Now we are going to balance amount that we are asked now to raise et, like the other governments do and this budget. We are going to balance it the debt ceiling, over $5 trillion, and families and small communities do all over a 7-year period and we are going what we have done is destroyed the across the country. to do it by reducing spending. I do not American family, opportunities for Mr. NORWOOD. Mr. Speaker, I appre- even think we are cutting spending. We kids who are in poverty. We have more ciate the gentleman yielding, and let are capping our expenses at the 1995 poverty today than since we started us first say that I am delighted to join level and allowing that to grow by 3 this great war on poverty. the freshman class Republican Party percent. That is going to fuel the econ- The last thing that we will accom- truth squad that has come to the floor omy at home. It is going to do great plish in reconciliation is that we will tonight. If my colleagues want me to things, in my personal view. The 21st again let families keep their own be perfectly honest, I have a markup century looks bright to me for the first money, that they do not have to send it tomorrow on Superfund and I need to time in a long, long time. to Washington and have people here be back in my office reading it, but I Mr. FOX of Pennsylvania. If the gen- try to decide what is the best way to am here instead because we have an ob- tleman would yield, I wanted to say have their money be spent. ligation to come in behind those that One thing, too, we have talked about that the tax reform we are talking would tell half-truths, mistruths, and the big picture, but there are some about is going to create jobs, it is not tell the American people the facts, smaller things in reconciliation that I going to increase savings, and it is so that we can correct that. think are important for the public to going to allow people to have the posi- We have to do this every night; come tion to start new businesses and really be aware of. tell the truth. It must be very confus- We have heard a lot in the past few make a difference in their own lives. ing for people back home to hear one years about pensions for Members of The fact is it is not going to be any- thing from one side and another thing Congress, that somehow there is a real thing but help for the working fami- from another side. Who do they be- great deal that we get all of this addi- lies, help for senior citizens, and help tional money. Well, a lot of that was lieve? Earlier tonight, not 45 minutes ago, for families with children. It is going changed back in, I think it was 1987. we had a Member here who stood up to cut across the board in helping ev- But in this reconciliation we put Mem- and said that the mean old Republicans eryone. bers of Congress, their staff, on the wanted to have a tax cut for the I first wanted to call on the gen- same basis that all Federal employees wealthy. Well, I have tried to ask the tleman from Georgia [Mr. CHAMBLISS] are as far as the pension programs. to give us his impressions of what That is something we have not question, I tried to interrupt. I am these reforms mean to his district, and talked about very much, But this Con- ready for somebody in this body to de- in a greater sense what he thinks it is gress has been so dedicated to reform- fine for me what is wealthy? Who is going to do for the country, the pro-re- ing the way this place does business, to rich? form measures, the anti-tax measures, making sure that we are responsible, Mr. Speaker, what I think we are and the pro-job measures that the Re- we are subject to the same laws as ev- doing is exactly what the people in the publican Congress has been moving for- eryone else, that we have actually cut 10th District of Georgia said do. They ward. down the size and scope of Congress it- said in 1993, when this very Democratic self, in reducing the number of com- Congress and President Clinton decided Mr. CHAMBLISS. Mr. Speaker, I mittees and committee staff, cutting to have the largest tax increase in his- thank the gentleman and I appreciate down the term limit on chairmen of tory, and a retroactive tax, they said, the gentleman putting this group to- subcommittees and committees. ‘‘We really do not like that. We do not gether. like this government taking another Mr. Speaker, as I look around here, b 2000 $260 billion out of our pockets.’’ the gentleman from Arizona [Mr. And actually, even the Speaker him- What I am trying to do is what they SHADEGG] has joined us to add a little self now is limited to 8 years. Tremen- asked me to do: Return it to them. western flavor, but the six of us here dous reforms that we have done in this Some people call it a tax cut. I call it tonight come from different parts of Congress, but I think a lot of people a tax return. We are giving them their the country. The gentleman from Geor- are not aware in this reconciliation we money back. They said go up there and gia [Mr. NORWOOD] and I are pretty do away with any disparity as far as balance that budget. Go up there and close, but we are at opposite ends of our pensions. stop borrowing money. Go up there and Mr. FOX of Pennsylvania. If the gen- have a business plan to pay off that $5 the State. We come from varied back- tleman would yield, I think it is a case trillion worth of debt, but do it by cut- grounds. We come from probably dif- of this 104th Congress in a bipartisan ting spending. ferent socioeconomic backgrounds. fashion, even though it is a Republican So, what are we doing? We are send- Certainly the gentleman from Iowa leadership, it is a case of promises ing back $245 billion over the next 7 [Mr. LATHAM] comes from a much high- made, promises kept. years to working people. er background than the rest of us. We said we that we would pass the Now, I want to make it very clear But if those watching tonight would line-item veto; we did. We said we that I do not consider everybody who look at us, we mirror the freshman H 11672 CONGRESSIONAL RECORD — HOUSE November 1, 1995 class. One thing that we have in com- up with a reconciliation package that, The gentleman from Ohio [Mr. KA- mon is that is we were all sent here gee whiz, it has welfare reform in it, SICH] asked that question: What would with a message that came forth on No- totally overhauling the welfare system it mean if we actually balanced the vember 8, 1994, and that is to make in this country, and overhauling the budget? Mr. Greenspan began answer- changes, to change the way Washing- Medicare system. It makes it stronger ing that it would do this and this and ton does business. and preserves it not only for the sen- this, and it causes long-term interest Mr. Speaker, I think it is interesting iors in this country that are now the rates to do this, and short-term inter- when we look back at the presidential beneficiaries of Medicare, but for those est rates to do this. Mr. KASICH stopped campaign of 1992, there was another baby boomers, those of us who are him and said, ‘‘Wait a minute. I want guy that campaigned on change and going to be eligible for Medicare one of you to tell me what it would mean to making reforms, and that person was these days. We now know it is going to real Americans, the average husband Bill Clinton. He campaigned on making be there when those folks get there. and wife at home raising their kids.’’ a tax cut for the middle-class and cam- We have got tax reform in there. We Mr. Greenspan sat back and, and paigned on downsizing the Federal have reform of agricultural programs. CHRIS, I am sure you remember this, Government. This is a huge, huge reform package and he said, ‘‘It would mean that once The classic difference and the major that we have undertaken and put to- again they could look forward to their difference between Bill Clinton’s cam- gether over the last 10 months. It is children doing better than they do.’’ paign in 1992 and our campaign in 1994 something that our friends and col- That is, what he said was, if you gen- is that we have produced. He did not leagues on the Democratic side of the tlemen can balance the budget, you produce. He could not provide the lead- aisle simply would not do, or could not will restore for America the American ership, even with a totally Democratic do, over the last 25 years. That is what dream. The dream that we all have for House, or a majority Democratic is so really truly amazing about it. our children that they could do better. House, and a majority Democratic Sen- Mr. Speaker, I can tell what it means I heard the gentleman from Georgia ate. He could not produce. to the folks in my district. We had a make a reference to last Thursday’s Well, we have come here and in 10 little Medicare special order, Mr. NOR- vote and the passage of the reconcili- months now, it is hard to believe that WOOD and myself, a couple of weeks ation. To me, that was a thrilling we have been here 10 months now, but ago, and it was a very exciting night to night; the most thrilling night since we we have done exactly what we told the me. An hour before I came to the floor, have been here. If you put aside the American people we were going to do. I found out that I am going to be hav- bunk and garbage that we hear about, Mr. Speaker, balancing the budget of ing my first grandchild. I said that ‘‘We are cutting Medicare,’’ which is this country was a cornerstone of my night when that grandchild is born just flat a lie, it ‘‘ain’t’’ true. You campaign and I dare say that the five next spring, he or she is going to owe don’t raise spending from $4,800 per in- of my colleagues here built their cam- $187,000 in interest as his or her part of dividual to $6,700 per individual and de- paigns around that also, because it is the interest on the national debt. fine that as a cut anywhere but inside just so crucial that we do that. I am Well, by what we did last Thursday the beltway that surrounds this city. sure that they all would agree with me night, we are going to cut that back by Mr. NORWOOD. If the gentleman that they thought this country was in $12,000 over the next 7 years. That is a would yield, go ahead and use the word. terrible financial shape while they start to moving us in the right direc- It is a lie. We are increasing Medicare were campaigning, but when they got tion of cutting back that huge interest by 54 percent over the next 7 years. to Washington and became Members of payment that all of us are going to Mr. SHADEGG. Mr. Speaker, I want this body, they found out it is much, leave for our children and our grand- to talk about one of the phenomenons much worse than what they ever imag- children. ined it to be, and it truly is. Mr. FOX of Pennsylvania. If the gen- that characterizes this city and getting Mr. Speaker, last Thursday was a tleman would yield, I would ask that inside the Beltway, and I want to do it very historic night. I sat on the floor the gentleman from Arizona [Mr. in the context of the tax cuts. The truth is that we have all heard this with the gentleman from Georgia [Mr. SHADEGG] who joined us, he is obvi- claim that we should not be cutting NORWOOD] on January 26, on the night ously one of the gentlemen at the fore- we passed the amendment to the Con- front of the freshman class in trying to taxes and the garbage on the other side stitution requiring a balanced budget, make sure that the public gets its mon- that we are making tax cuts for the rich. Well, it ‘‘ain’t’’ so. and CHARLIE and I saw grown men ey’s worth and to make sure that the stand up and cheer and holler and clap, costs that we have in government pro- Mr. Speaker, I had this theory. The because everybody came forth and grams go to the benefits, not to more theory was that what we are hearing, worked together to pass that balanced paperwork and not to more bureauc- and what maybe they are hearing, the budget amendment, which was cer- racy and not to more waste. people who show up at our town halls tainly a key. Mr. Speaker, I would ask the gen- and the people who show up at Rotary However, last Thursday night was a tleman from Arizona if he could tell us Clubs and Kiwanis Clubs, and have the much more important night even than a little bit about what he thinks the ef- time to make it and have the time to that night. Last Thursday we delivered fect of trying to balance this budget go to those events, are the kinds of on that promise to balance the budget means to homeowners as far as lower citizens that are concerned about the of this country. housing costs and lower car expenses direction of the Nation. They say, I It has not been easy. It has been and lower college costs and lower guess I can pay my taxes, but I am wor- very, very difficult. The gentleman taxes, and what it means to his dis- ried about the deficit. They are worried from Minnesota [Mr. GUTKNECHT] and trict. about their kids. the gentleman from Iowa [Mr. LATHAM] Mr. SHADEGG. Mr. Speaker, I thank I had this theory that Mr. and Mrs. and I had some independent concerns the gentleman for yielding, and would America, the people at home just bare- that required us to do some soul say that I am thrilled to be here with ly struggling to pay their bills and get searching and trying to figure out ways my colleagues tonight and to bring a the kids dressed, and feed them a bowl that things could be adjusted so that western perspective. It is fun to come full of Cheerios and get them off to we could support the balanced budget and bring that perspective. In the school and then back home, for those amendment and the reconciliation West, we are intense on these issues. people the tax bite is too much, and we package, and I am sure the gentleman Mr. FOX asked the question: What are not hearing from them. from Pennsylvania [Mr. FOX] and the does it mean if we can balance the So, I went home a week ago Monday. gentleman from Arizona [Mr. SHADEGG] budget? I harken back, looking at the I had my scheduler set aside 2 hours may have had that concern also; that gentleman from Connecticut [Mr. and I stood in front of a drug store. I they had to answer some questions SHAYS] who serves on the Committee had a staffer stand in front of a grocery there. on the Budget, to the day when the store across the street. We were on the Mr. Speaker, we all came together. gentleman and I sat on committee and east side of my district. It is kind of We worked hard and were able to come Alan Greenspan came forward. the upper echelon of my district. Those November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11673 people are middle-class to upper mid- the Federal Government in taxes for publicans dramatically cut Medicare dle-class families. every $4 you earn. You do not earn a 5 the way they are proposing. Mr. Speaker, I engaged people there dollar bill, you earn $4, send one to the This guy listened to this discussion on the street and I told them there was Federal Government in taxes. and everybody threw numbers around. a debate going on on the floor of this It is not to the government in taxes, This is awful. This Medicare is a vi- House; a debate whether we needed tax it is 1 out of 4 to the Federal Govern- tally important system for America. cuts or whether we ought to be doing ment in taxes. How long is it going to How can the Republicans talk about the conscientious thing and reducing be before we are taxing people at the dramatically cutting Medicare? the deficit. They said, on balance, rate of 50 percent? We are taking half This guy listens to all of this. He fi- ‘‘Well, we are concerned about the defi- of everything that they earn. That is nally turns to me and says, how much cit, but boy, we could use a tax cut be- an increase of 1200 percent. are they cutting it? Various number cause we are just barely getting by.’’ And the people in my district, I were thrown out. And he said, do you On the east side of my district, we asked them, when I tell them that sta- know what, you guys are wrong. They had about a 60/40 split; 60 percent said, tistic, are you getting 1200 percent are not cutting it one dime. As a mat- ‘‘We need deficit reduction, but we also more out of the Federal Government ter of fact, they are increasing spend- need our taxes cut.’’ About 40 percent today than you were in 1950? You talk ing on Medicare. This is inside an in- said, ‘‘You ought to be doing deficit re- to them about the burden. A child born vestment banking firm on Wall Street. duction.’’ in America today will, in his or her And they did not know the facts. They Then, Mr. Speaker, we stopped and lifetime, pay an average of $187,150 in drove to the other side of my district, did not know until he recited to them taxes just to pay the interest on the that spending on Medicare per bene- and we drove over to the working-class national debt. Why? Because before neighborhood where people are doing ficiary—a man that called my office last Thursday night we did not have last week and said I am worried about what I said. People that cannot afford the moral courage to stand on this to be a Kiwanis Club member and who you taking away my Medicare benefits, floor and quit spending our children’s did not understand because of the do not have the time to come to JOHN and our grandchildren’s and our great- disinformation that we are going to SHADEGG’s town hall meetings. Mr. grandchildren’s money to satisfy our Speaker, we talked to them. give him not $4,800 to spend, as we do needs, our wants, to buy ourselves back this year, but $6,700 for his medical b 2015 onto the floor of this Congress. That is care and $6,700 for his wife’s. And this And we stood, I stood in front of Osco dead wrong, and last Thursday night misinformation, the attempts to dis- drug store, and I had a staffer stand in we stopped it. tort what we are doing are about what front of a Megafoods store. We each I will tell you, the American people we have got to try to fight. want tax cuts. They want us to balance asked them. Do you know what it was? Mr. NORWOOD. Mr. Speaker, the the budget. They want less government It was a blowout. The numbers were gentleman has to slow down just a lit- regulation. They want us to look at se- clear. tle bit. We have a lot of my folks from rious problems like a Medicare System They said, you are killing us with Georgia watching. We tend to talk a that is going broke and to say to one your taxes. Sure we want to take care little slower. side of the aisle that says, do not of the deficit, but you Republicans Mr. FOX of Pennsylvania. I think the have been saying to us for 40 years that worry, you have got 7 years, no big deal, that that is stupid. A system that points the gentleman made are well government does not need all this taken. That is one of the reasons why much money, that it spends too much, services the entire population and for whom it is vital that we preserve that, as Congressman NORWOOD said about that it taxes too much and that it reg- the truth squad is that we have to be ulates too much. And if all you do now to say we can wait 7 years is no big deal. Let us solve it in the 6th or 7th out here tonight to explain what is is take care of the deficit, if you ignore really happening and hopefully that we tax cuts, if you suddenly say, wait a year. We are going to solve it and the plan will do it in such a manner that people minute, we got elected claiming that will understand the facts as they really people are taxed too much but now we passed in that reconciliation bill solves it in a responsible way, a way are. that we are there all we are going to The budget discussion, you talked deal with is the deficit, why should we that although the scare mongers say and they have my senior citizens wor- about tax reform and how it is going to buy you, why should be believe you? help all Americans, I yield to the Con- In a ratio of 11 to 1, they said to me ried that they are going to take away gressmen who is an honorary freshman, in front of that drug store, I need a tax my Medicare. I heard you mention that the gentleman from Connecticut [Mr. cut. Taxes in this country are killing these four experts from Wall Street SHAYS]. me. came here yesterday or this morning. These were not greedy people. They They all four said an important mes- Mr. SHAYS. I just want to thank the were not selfish people. In front of the sage. They all four said, if it comes gentleman for yielding to me and say Megafoods across the street, which is a down to defaulting on your debt or bal- that I went to one of my colleagues and discount grocery store, they told my ancing the Federal budget, we do not I asked, how long have you been here? staffer in a ratio of 17 to 2 that they like defaulting on your debt. But guess And the good gentleman from Georgia needed a tax cut. what? The market has already cal- reminded me, he, too, is a freshman. Why did they need a tax cut? I will culated for it and you better balance You all have had such an impact that tell you why. Because taxes in this the budget, because that is what the it seems like we have known each country have become oppressive and Nation needs. other for years and years and years. burdensome, and we are now going to The last point I want to make is that You brought us over the top, not just do something about it. How burden- one of them told a fascinating story, in terms of being in the majority but in some? Let me tell you how burden- which is why we are on the floor here terms of getting our financial house in some. tonight. It is a story about order and balancing our budget. In 1950, the year after I was born, disinformation. Mr. SHADEGG was mentioning Mr. when I was in a bassinet in my parents’ This is a guy who is the major inves- Greenspan coming to one of our budget bedroom on floors, in those days, that tor for a Wall Street investment firm. hearings. One of the other things that were concrete, we did not have wall to He controls a portfolio worth billions Mr. Greenspan said, our colleagues on wall carpeting in 1950. The average of dollars. He said, do you know what, the other side of the aisle were saying, American family with children paid $1 in my office there are a whole lot of are you not afraid that we will cut too out of every 50 to the Federal Govern- employees, top-level-paid executives, much and that we will slow down the ment in taxes, 1 out of 50. Earn a hun- who came to me a few weeks ago. We economy? And Mr. Greenspan re- dred dollar bill, send in $2. In 1993, that had a quick little discussion. They sponded, he said, Congressman, I do not is the latest year for which we have fig- said, this is a real serious problem be- go to sleep at night fearful that I will ures, it is now 1 out of 5, it is not 2 out cause we are deeply worried about how wake up the next morning and that of every hundred dollar bill, it is $1 to America is going to survive if these Re- Congress will have cut too much. H 11674 CONGRESSIONAL RECORD — HOUSE November 1, 1995 And we have to be very careful be- I am so excited about our Medicare have that now and we gave it to you as cause we can give the impression that Program. I would debate anyone any- you came in the door because you have we are making these dramatic changes where this issue. Bottomline to it is, it that now. And it has got all those bene- and some of them are, but we are still is going to go from $178 billion to $273 fits. When you leave here today, leave allowing our budget to grow. We have billion in the 7th year, as was alluded this town hall, you will have that spending increases, and we have to be to, a 54-percent increase. We are going white piece of paper with all that tradi- up front on that. It will grow signifi- to spend $674 billion more in the next 7 tional benefit on it, exactly, unaltered. cantly each year. years than we did in the last 7 years. But then we had people go up and Some things we are cutting. Discre- We are going to spend 40 percent more down the rows and we passed out four tionary spending, there are not just per beneficiary. We are going to allow additional pieces of paper, one pink, real cuts but absolute cuts. Foreign everyone to stay in their fee-for-serv- one green, one yellow, one blue. On aid, there are absolute reductions. De- ice program or if they want they can each of those separate pieces of paper fense is going to stay basically the get off and get private care. They do we outlined for them one of the four same. It is a freeze, but we are not have to leave. other alternatives they are going to oversubscribed in programs. So we are If they leave, and they do not like it, have. So we asked them to pull out the going to see real cuts in defense pro- they have 2 years every month to come green sheet and we said take a look at grams. But when it comes to the enti- back. In other words, during a 2-year this green sheet. This is, and I do not tlements, which are half of our budget, window they can come back in. I know remember which one it was, but let us they are continuing to grow signifi- that there are so many of us that say it was the Medisave plan. Then we cantly and will continue to grow in the would like to contribute to this con- went to patient-physician networks outer years. versation, but I would just say, just and we walked through each of the al- And I think about it and then the tie- knowing what I know about Medicare, ternatives and explained it to them and in somehow that some of our col- we are going to spend so much more, leagues want to make with Medicare said, you are now going to get, when and only in this city when you spend so our bill becomes law, the opportunity and the tax cut. We paid for our tax cut much more do they call it a cut. long ago in cuts in discretionary spend- to choose one of those five programs. There is nothing courageous about Mr. SHAYS. Within those five pro- ing and in the increased benefit to or voting for Medicare, what we have country by balancing our budget. That grams, each of those programs can done, because we made it a better pro- offer a whole wide range of different is called the fiscal dividend. I was not gram. I cannot wait for our senior citi- an advocate of the tax cuts. I would eyeglasses, dental care, rebates to your zens to realize and finally have the op- co-payment offer deduction. say that if we could balance the budget portunity—I will close this way, all my in 4 years, I would not be advocating constituents have said, Congressman, Mr. NORWOOD. Mr. Speaker, I know any tax cut. But if it is going to take you get Federal health care, I want the we are coming to the end of our time. us 7 years to get our financial house in same choices you get. That is what we Do we have time for each of us to wrap order, I am very enthusiastic on tax have done. We have given them the up a minute? cuts. same choices we have. I pay 28 percent Mr. FOX of Pennsylvania. Certainly, The gentleman mentioned he was of my health care cost, and the Govern- we have a little more time than that. born in 1952. I was born in 1945. My par- ment pays 72 percent. We are allowing As someone who has been in the medi- ents, in the 1940’s and 1950’s raised four beneficiaries to now choose among a cal field, I think that your impact on boys. I was the youngest of four. In to- whole host of different health care this discussion would be very fruitful. day’s dollars, they could take an equiv- Mr. NORWOOD. I was particularly alent of $8,200 per child off the bottom plans. I just want to thank you for al- pleased to hear Mr. SHAYS say how ex- line of their income. They would have lowing me to join this. Mr. SHADEGG. Let me just com- cited he is about the Medicare plan be- been able to take basically $32,800 off. pliment the gentleman for his work on cause I am, too. I have been involved in So if they made $50,000, they would Medicare. I serve on the Committee on providing health care for 25 years. I only be paying taxes on a small part of the Budget with you. I want to tell think that if we can ever get past the it. A family today, if they could take you, we went home and did a town hall distortions and the half-truths that we that same benefit my parents did, my on the Medicare System, which this have to put up with here, the American parents could take the equivalent in Congress has created beginning with public and the senior citizens are going today of $8,200. We only allow families the work of your task force on the to be absolutely delighted with that to take $2,500. That is why I am par- Committee on the Budget. And it was a plan. ticularly enthusiastic for the $500 tax fascinating process. And I do not think I will just conclude, if I could, by credit. if we could go through this process for saying that it is a real pleasure for me Mr. SHADEGG. I would like to ask every American, that we would have to join with the truth squad. the gentleman, one thing we keep hear- anywhere near the concern in America b ing over and over again is how these that we have. Here is what we did, kind 2030 tax cuts are for the rich. I had the im- of an interesting idea because of the I think you know we are here every pression in American that both word ‘‘choice,’’ because we are giving night trying to offset the misinforma- wealthy and middle-income and poor senior citizens so many choices and the tion, and I still cannot get over the have children. kind of choices that they had when speaker earlier tonight who keeps talk- Mr. SHAYS. And the way that some- they were in their productive years, we ing about that the money that we want one who is listening tonight could de- wanted to illustrate it for them. to return to the American people in the cide if they fit the category of our col- So what we did is, as they walked in form of what they call a tax cut; I say leagues, the other side of the aisle that the door, we took one page of white we are giving folks back their money. say we are giving only to the wealthy, paper and we summarized the current It is for the wealthy, and I would just two-thirds of our tax cuts go for the Medicare System for them, the benefits like to make a couple of points. I want $500 tax credit. So all you have to do is they get and the premiums they pay. to talk about one constituent at home. ask yourself, if you have two kids and We gave that to them as they came Mr. SHAYS. You do not mean the you get $1,000 back next April, are you through the door. Then we got to the Speaker; you mean a speaker? wealthy? Seventy-five percent of all point in our program where we were de- families make less than $75,000. So I scribing what the Republican Medicare Mr. NORWOOD. That is right. would just like to, if I could, just make plan was going to be. We said, now we As my colleagues know, a family of this last point on Medicare and then, would like you to pull out the papers, four that is making $25,000 a year, a because there are so many of us here, I and we gave them lots of papers, that couple of children at home, $25,000 a helped head the task force on the Com- we have given you when you came in year, they are going to have their tax mittee on the Budget on health care, the door and pull out this particular liability reduced to zero. Medicare and Medicaid. And so I really one. And we said to them, that is tradi- Now who is rich and who is wealthy got into this issue of Medicare. tional fee-for-service Medicare. You in that group? A family of four that is November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11675 making $30,000 a year is going to have trust fund. They cannot be used for the use the savings for a tax cut. The tax their tax liability cut in half. Are we tax cut, and they know that is true, cuts are paid for out of other spending helping the rich? Are we helping the and it is in the law, and they know cuts that we made this year. wealthy. that. So, when they come to the House Mr. FOX of Pennsylvania. I think it I think perhaps that has been mis- floor and say we are going to use these is also important that we realize that represented. Medicare cuts to give tax cuts, it just this Republican-led Congress is very I have a constituent at home, a sin- is not true. pro-seniors, not only with the Medicare gle parent with two children, and this As a matter of fact, with the rescis- form that you have outlined and oth- lady makes $17,500 a year, and under sion bill that we passed earlier this ers, but also we are the ones who had our present system she gets returned year and with the cuts, the targeted legislation that actually passed which to her $939 under our current tax rate, cuts that the gentleman from Con- raised the income eligibility from and that includes the earned income necticut [Mr. SHAYS] talked about, we $11,028 to $30,000 a year over the next 5 tax credit. Under our plan for next will have cut almost $44 billion this years without a deduction in Social Se- year, the Republican House plan, she is year in spending. The tax cuts are curity, and also the rollback of the going to get back $2,214. That is $1,275 about $35 billion. The tax cuts that we very unfair 1993 increase of Social Se- more for a low-income working person. are talking about this year that will curity. Is that a tax cut for the rich? I think mostly benefit the middle class have So I would like to ask the gentleman not. Even Mr. Clinton’s plan would been paid for out of other spending from Iowa [Mr. LATHAM] to join us now only return to this young lady who is cuts, so the idea that we are using with some of his thoughts on this struggling, for pity’s sake, $763. So I Medicare to do that is a bald-faced lie, topic. think maybe the mean old Republicans and the people who say it know that it Mr. LATHAM. I thank the gentleman really are not trying to have a tax cut is a lie. for yielding, and I think the American for the wealthy. I think we are trying But let us talk a little about some of public should be aware of the fact that to return to the hard-working Amer- the other provisions we were able to what we are letting American families, ican people some of their money, par- get. One of the things we talked about senior citizens, small business people ticularly some of that $260 billion that was fraud, waste, and abuse. In fact, to keep is about 40 percent of the tax was passed in this Democratic Con- every one of us had town meetings, and increases that they have had since 1990, gress, in the 103d Congress, and then, I would suspect, and I dare say, that since the Bush tax increase and now SAXBY, we are going to stay here until every one of us at every one of our the Clinton tax increase in 1993, the we make sure your unborn grandchild town meetings had some senior who largest in history. Actually we are let- and my 2-year-old grandson no longer stood up, raised their hand, talked ting people keep 40 percent of the taxes owe that 187—— about some of the things that have that have been raised for them. Mr. FOX of Pennsylvania. Mr. Speak- happened in their own lives. I had one Mr. SHADEGG. If the gentleman er, I would ask the gentleman from sweet person in one of my town meet- would yield, do you mean to tell me Minnesota [Mr. GUTKNECHT] if he can ings stand up and say that she had been that this outrageous tax cut that we speak about the Medicare situation and billed $235 for a toothbrush. Well, what are enacting only gives them back 40 the fact that we are really going to do we are proposing in this is a very ag- percent of what we took from them in something positive, as the gentleman gressive method to attack some of that the last—— from Georgia [Mr. NORWOOD] just said, waste, fraud, and abuse. Mr. LATHAM. Five years. in the sense that we are going to in- You used the term $30 billion a year. Mr. GUTKNECHT. What previous crease, as the gentleman from Con- Some have said it is as much as $44 bil- Congresses took—— necticut [Mr. SHAYS] said, $4,800 per lion a year. Whatever the number is, Mr. LATHAM. We are it, so—— year to $6,700 a year which also the we know it is out there, and it is partly Mr. GUTKNECHT. Come at this with gentleman from Arizona [Mr. SHADEGG] because of the way the funding system clean hands—— allued to, on how this is really going to works. But we are going to allow those Mr. SHADEGG. So we are cutting be an increase, but also some of the senior citizens; in fact, we are going to taxes in a draconian way that the Na- parts of the bill I think that you are encourage them; to study their own tion cannot survive by letting them advocating working for are vary impor- bills, and if there is a thousand dollars’ have back just a small portion, less tant to the discussion dealing with the worth of savings, they are going to get than half, of what we increased their Medicare savings lockbox and also to keep some of those savings that taxes just in the last 5 years. going after the $30 billion a year in they find in their bills. Mr. LATHAM. That is exactly right. fraud, abuse, and waste. Would that not So the program that we are offering Mr. SHADEGG. I hope Mr. and Mrs. be a savings into the program itself, I think aggressively attacks waste, America and our colleagues think Congressman? fraud, and abuse. Will any of the sav- through that fact. Mr. GUTKNECHT. Absolutely, and ings we get from the changes we are Mr. GUTKNECHT. Absolutely. the system we have right now is in fact making be used to keep the fund sol- Mr. LATHAM. And there is a lot of in sort of a system of perverse incen- vent? Finally, I want to make one disinformation in talking about capital tives which invites more waste, fraud, other point on behalf of some of us who gains tax reduction. I am just amazed and abuse, and the system we are going come from low-cost areas, rural areas when people believe that this goes to to try and create, and I think we will of the country. We were able to get the only rich people. I will tell you as a create, and I agree with the gentleman formula changed in the last few days in person from Iowa from a very rural dis- from Georgia [Mr. NORWOOD], I think the discussion so that the floor has trict, the No. 1 reason that the average once seniors begin to understand ex- said, no matter where you live, your age of a farmer today in Iowa is 57 actly what we are talking about under area is going to get at least $3,600 if years old is the fact that he cannot af- our plan and the options that they will they set up a service network or a ford to sell his equipment or his farm have, they are going to like it. managed-care network in that particu- to the next generation and that farmer First of all, let me just debunk this lar area. That will encourage more has not been rich 1 year in his life, but myth that somehow we are going to competition for those Medicare dollars, the 1 year when he tries to sell the in- use the savings from Medicare to give and the most important word is fair- vestment that he has had, the hard this tax cut. That is absolutely not ness. work that he has had over a lifetime, true, and everyone who has said that We are going to have a much more to the next generation, he gets abso- on the House floor knows that it is not fair system. We are going to reverse lutely creamed by the capital gains true because we put into the bill itself some of those perverse incentives that tax, and those are dollars that he has a lockbox so that any savings that we are in the system today, we are going already paid taxes on all his life. But get from these new competitive mod- to aggressively attack waste, fraud, this is a person who is medium- to low- els, this new market we are going to and abuse, and I think it is going to be income his entire life, is by some peo- create for Medicare, all of those sav- a much better system for the seniors in ple’s definition on the other side of the ings have to go back in the Medicare this country, and we are not going to aisle rich for 1 year in their life, the H 11676 CONGRESSIONAL RECORD — HOUSE November 1, 1995 year that they try to carry on to the the fact that the Federal bureaucracy done in Washington, DC, in a genera- next generation, and it is no different is bloated, and it truly is. Again it is tion. It balances the budget. That is with a farmer than it is with a small something you cannot really appre- absolutely essential. businessman on Main Street who has ciate until you are here in the position For those who think that it goes too invested a lifetime of work. that we are in. But again, President far, I have to tell you this. How can we That is who we are talking about, Clinton talked about this during his go beyond 7 years? How can we trust people who have worked all their lives, campaign in 1992, and what did he do Congresses 10 or 20 years down the road have paid their taxes, been responsible about it? Nothing. We talked a lot to continue to have the guts to do what in this society, and we have a punitive about downsizing the Federal Govern- all Americans know we have to do tax system today to punish them for ment as one of the basic philosophies of today? As so many people testified be- saving and working hard all their lives, the Republican Party. What did we do fore the Committee on the Budget, and to me it is simply outrageous. about it? In our budget reconciliation from talking to the gentleman from I think it is important too, and the package we are going to completely Arizona [Mr. SHADEGG] and others on gentleman from Georgia [Mr. cut out the Department of Commerce. the Committee on the Budget, and the CHAMBLISS] had talked earlier about We do not need it over there. We are gentleman from Connecticut [Mr. the excitement back in January pass- going to cut it out. That is another SHAYS], they have had an avalanche of ing the balanced budget amendment in way we are going to go about witnesses who have said even though the House here, and it failed over in downsizing the Federal Government to every American does not focus in on the Senate, and I keep going back to make sure that at the end of our term deficit issues, they will understand a the scary thought that, because we do in Congress that we are moving toward not have a balanced budget amendment few years down the road why this is so balancing the budget of this country so important, because if we follow to the Constitution in this country, that in the year 2002 we will not have that 2 years down the road, 4 years through on the Republican plan to bal- to worry about how much money we ance the budget in 7 years, Americans down the road, that the Republicans were spending in Congress, we know will lose one of the Houses up here. will see unprecedented growth, more that is going to be taken care of be- growth than they have seen economi- What will happen? Everything that we cause we are going to eliminate it, and have worked for this year will be down cally since World War II, since the end- it is just simply another way that we the tubes because we will be back in ing of World War II. are moving toward balancing the budg- the status quo—— What does that mean? That means Mr. FOX of Pennsylvania. If the gen- et of this country and being responsible interest rates on your car loan go tleman will yield, I think there is a lot and being reactive to why the people down, that means interest rates on of hope for America, because frankly I send us up here. your house loan go down. It means that think what the public may not know is Mr. FOX of Pennsylvania. If the gen- middle-class Americans get the break that most Members of this House in a tleman will yield, I would like to en- that they deserve, get the break that bipartisan fashion really joined the Re- gage, if I could, the gentleman from they have not had for the past 40 years, publican lead on balancing the budget, Florida [Mr. SCARBOROUGH], who has and we bring sanity back to the proc- of reducing Government wasteful been a deficit hawk and a budget hawk ess. in making sure that his constituents in spending, of the line-item veto, which Mr. SHADEGG. If the gentleman will will eliminate pork-barrel legislation, Florida as well as those who are here across the country, that, you know, we continue to yield, Mr. Speaker, I just and also reforming regulations and want to ask you quickly if you hap- therefore costing less for individuals do not have waste here, let us bring some semblance of what the values of pened to hear the four Wall Street and businesses. So I think there is economists who came before the policy great hope and I think it is a biparti- America are out there in our neighbor- hoods, and I would ask the gentleman committee today and who testified san effort that we may have led, but it that we had already, by what steps we is a bipartisan effort. from Florida [Mr. SCARBOROUGH] to give us his impressions of what he have taken, brought interest rates in One of the items the gentleman from America down by 2 percent since we Georgia [Mr. CHAMBLISS] is involved hears in his district. Mr. SCARBOROUGH. It really start- took office in January. They compared with is the downsizing, privatizing, that 2 percent reduction in interest consolidation of Federal agencies will ed back during the August recess that I really began to get a good feeling of rates here in America with other com- also reduce the costs, because there has parable economies, where interest been such a great deal of bureaucracy what the constituents in my district felt we needed to do, and the thing I rates have come down 1 percent, and in Washington, and the gentleman they said, ‘‘The policies you have from Georgia [Mr. CHAMBLISS] I know heard time and time again from my constituents, and I held 25 town hall adopted have already had the effect of has been fighting for this as a cham- reducing the interest rate here in pion to try to make sure we get every meetings over 30 days in August, de- spite all the rhetoric that they heard America by 1 extra percentage point dollar worth for our constituents. below what it had been before you got Mr. CHAMBLISS. You know again I that we were being mean-spirited and here.’’ That is a real savings in car alluded earlier that we all come from going too far, everybody I talked to at loans and home mortgage loans across different backgrounds. Another thing those 25 townhall meetings told me the the board. that we do have in common though is same thing. They said: the fact that all of us came out of You will not fail if you have the guts to Now if we go the next step we will see small business backgrounds, whether it step up to the plate and balance the budget. a real dramatic impact, and they pre- was farming, or real estate, or den- You will fail if you lack the courage, and if dicted 2 more percentage points’ drop tistry, and I know the gentleman from you come up short, and you decide to keep in the interest rates. Arizona was in county government, but going on with business as usual. You need to Mr. SCARBOROUGH. Reclaiming my stay true to your course. Do not be like ev- we all had to worry about finances, we time, it was a very interesting hearing erybody else in Washington over the past 40 today. I know everybody that was had to worry about making sure that years. You make sure that Washington lives at the end of the month when we went by the same rules that all Americans have there had to feel good about what they to the bank we were in the black, and had to live by for the past 200 years where we were saying, because we were sending we had to tell that banker why we were take in only as much money and spend only the signal across the world that we not in the black if we were not in the as much money as we take in. were finally going to get America’s black. And one way that we have gone f House in order. Interest rates have about approaching the fact of getting dropped. That has meant more money b the Federal Government’s bottom line 2045 for middle-class Americans all across in the black at the end of our term in It is an absolute necessity. I have to America. Congress is that we have looked at tell you something, I have concerns They said, and this is the final point every single way that we can cut ex- about this budget. It is not a perfect I will make before yielding back my penses, and we talked about cutting budget, but let me tell you something, time, they said, ‘‘The danger lies in us out departments, we have talked about it does something that we have not not having the guts to finish what we November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11677 start. The danger does not lie in having chairmanship in this place for 40 years school bus less than four blocks from a showdown with the President, if that in the political desert. his home in the Redlands, an agricul- is required, and possibly having gov- So not only did all of you give me a tural, quite spacious community just ernment shut down for 12 hours or 24 chance over the last 10 months to sit southwest of Miami. hours.’’ They said, ‘‘The real danger in on a Committee on Armed Services, a Jimmy is an A student enrolled in an the market lies in us continuing to subcommittee chairmanship, and one honors-gifted program at his school. throw away money like we have on the Permanent Select on Intel- Everyone who knows him is attracted thrown away for the past 40 years.’’ ligence, but you gave back to the U.S. to his goodness, sweetness, and intel- Mr. FOX of Pennsylvania. Mr. Speak- Senate all of those chairmanships that ligence. He is a very trusting child. er, will the gentleman yield? they are enjoying, and they had better Jimmy loves to read. He has a habit of Mr. SCARBOROUGH. I yield to the remember the gift that you have given reading a couple of books at the same gentleman from Pennsylvania. them for some fulfillment in life, this time, leaving the books scattered Mr. FOX of Pennsylvania. Mr. Speak- opportunity to craft American history, throughout the house with bookmarks er, I yield to the gentleman from Cali- and that you are going to keep the in each of them. fornia [Mr. DORNAN]. promises you made, and it is promises Jimmy loves baseball and football. Mr. DORNAN. I just wanted to make that the whole Republican Party is Some of the family’s happiest memo- an observation while the distinguished going to be held accountable for on No- ries are going together to Dolphins and gentleman from New York, BILL vember 5, in 1 year and 4 days from All Marlins games at Joe Robbie Stadium. PAXON, is in the Chamber, what a great Saints Day, today. If I may ask the cameras to just focus piece of work he helped to form on No- Mr. SCARBOROUGH. Mr. Speaker, in on Jimmy, and I will talk about the vember 8 of last year, a year ago this the gentleman from California [Mr. picture in a couple of seconds, but if coming week. DORNAN] obviously talked from a Re- they can leave the focus on him. Since I know a fully matured lion, like the publican standpoint, but what is excit- learning of Jimmy’s kidnapping, the gentleman from Connecticut [Mr. ing to me when I go home is that it is reaction in south Florida is one of out- SHAYS] will not mind an aging lion who not a Republican issue, it is an issue rage, anger, and shock. The response came here out of the bicentennial elec- that all Americans have united on, and from authorities has been swift and tion of 1976, to notice that we have it is something that I am extremely professional. The media in south Flor- Pennsylvania, we have Arizona, we proud of. I am in a district that is 60 ida have been exceptional. But where is have Iowa, a very important State, at percent Democrat, and they love what Jimmy? least until Lincoln’s Birthday, Feb- we are doing up here. The television coverage has been ex- ruary 12, we have Minnesota, we have Mr. FOX of Pennsylvania. Mr. Speak- tensive, over and above the magnitude Georgia, we have the beautiful pan- er, I yield to the gentleman from Min- of other such kidnapping incidents. handle of Florida, the most beautiful nesota. Newsrooms and reporters have taken beaches in America. And I am telling Mr. GUTKNECHT. Mr. Speaker, the the Ryce case to heart and have made you, if this freshman class had not gentleman talked about promises it their station’s commitment to cover come along, there were some of us who made, promises kept, and a Governor the case down to the latest findings. As would have turned in our spurs by now from Minnesota once observed that pol- we all know, when faced with adversity and said that there were other things itics is a promising profession. In the good things do tend to happen. People to do, like enjoy our grandchildren. last several years we have heard a lot have volunteered tirelessly their time, Mr. SHAYS. Mr. Speaker, will the of campaign promises. services, and assistance, uncondition- gentleman yield? I want to remind the gentleman of ally. Wal-Mart is displaying Jimmy’s Mr. FOX of Pennsylvania. I yield to some which were made by a gentleman posters in their 2,000 stores nationwide, the gentleman from Connecticut. who was elected to the Presidency sev- as is Albertson’s grocery outlet, and Mr. SHAYS. Mr. Speaker, I have to eral years ago. He was elected promis- the list is endless. say that one of the unsung heroes in ing to downsize the Federal Govern- Most of these efforts were something this Congress is the gentleman from ment, to end welfare as we know it, to solicited from volunteers, unbeknownst New York [Mr. PAXON], because he has reform welfare, to save the Medicare to the Ryces. Not only have State offi- made all the difference in our having a system, and to give a tax break to the cials, including Governor Chiles, been Republican majority and the oppor- middle class while balancing the budg- involved, but Federal officials, too, in- tunity to save this country and to turn et within 5 years. cluding the FBI and Attorney General it from the direction it has headed. I Those are the same kind of promises Janet Reno. What we are hoping is that would applaud, if I was allowed to. that we made, and the difference is the more people who see Jimmy’s face, Mr. DORNAN. He has made you a that we kept our promises; he broke the more likely it is someone who has chairman, he has made me a chairman, his. What makes me so angry is that seen him will recognize his face from but here is the point, if I may mention now he is trying to keep us from keep- these posters. This is not a city prob- the House of Lords, the other body. ing our promises to the American peo- lem or a State problem, not the abduc- I just did a radio show in San Diego ple. We are not going to stand for it, tion of a child in a custodial battle or and a questioner of no known ideology and neither are the American people. a runaway, but who, taken from his said, ‘‘What are you people accomplish- Mr. FOX of Pennsylvania. I thank family by a stranger, is a national ing? Suppose you have a great fresh- my colleagues. problem. As I said, let me ask the cam- man class. So what? It is all dying in f era again to focus on the picture. the Senate, is it not? You are not going What I have learned in the last sev- to get anything done.’’ I think what we JIMMY RYCE AND MISSING eral weeks with the FBI missing per- have to keep reminding our worthy col- CHILDREN IN AMERICA sons, Missing Children Division, is that league, including some old long-in-the- The SPEAKER pro tempore (Mr. AL- of the cases that have been solved, they tooth lions over there, is that they en- LARD). Under the Speaker’s announced are really solved by people in the com- joyed chairmanships and the chance to policy of May 12, 1995, the gentleman munity seeing these pictures, seeing creatively write American history for 6 from Florida [Mr. DEUTSCH] is recog- the pictures on ‘‘America’s Most Want- years, thanks to Ronald Reagan and nized for 60 minutes as the designee of ed,’’ seeing the pictures on milk car- the great election victory in 1980. the minority leader. tons or on postcards. But in this Chamber, the people’s Mr. DEUTSCH. Mr. Speaker, I rise The case that very recently got na- House, the money House, the appro- today to share with you, this Congress, tional publicity, I just found out today priations bill House, the first among and those watching at home, about an the way it was solved. Two young boys equals by the writers of our Constitu- endangered innocent, a constituent of who were kidnapped in Minnesota and tion, the Framers said that we were to mine, Jimmy Ryce. Jimmy is a 10- found in Louisiana, in New Orleans, it be first among equals over the Senate, year-old boy from Miami, FL, who was was just a chance sighting by someone over the Supreme Court, and over the abducted 51 days ago, on September 11, in a restaurant, calling the FBI White House, and we have not had a 1995. He was last seen getting off the through the 800 number that I will give H 11678 CONGRESSIONAL RECORD — HOUSE November 1, 1995 in a second, and actually, several next door, has a child suddenly been them to make kidnapping that much times, just a chance sighting. enrolled in a class. As small as the easier. The woman who saw the young boys chance is, it may be the only chance What I thought about as the gen- was not sure, she thought she saw him, Jimmy has of getting home safely. tleman from Florida [Mr. DEUTSCH] was she did not remember where she had Jimmy’s parents, Don and Claudine speaking, is my older son who is in his seen a picture, she was not sure, and Ryce, have reached a celebrity status middle 30’s. The other day I got one of even to this day she is not sure, but the they never sought. Compassionate peo- these cards in the mail that has miss- FBI followed up on it and went to the ple embraced them and let them know ing children’s names on them, and I location where the sighting occurred, that Jimmy is in their prayers. The turned it over and I said to my son, interviewed the woman, and those two more people know about Jimmy’s dis- this breaks my heart. I do not like to boys are back with their family today. appearance, the better chance the look at these faces, as you have made That clearly is what we are hoping Ryce’s have of getting him back. Mr. this large color blowup of this beau- will happen, and will happen very soon. Speaker, I ask you, the members of tiful young boy, Jimmy. As I said, this is a recent photo of Congress, and the American public to And he said dad, you should not say Jimmy Ryce, and for people who are give this family a happy ending. Bring that. I study these pictures. That is watching, hopefully they are watching, Jimmy Ryce home safely to his par- why they are here. That is why they and hopefully, again, someone will ents. are on milk cartons. You should study have an opportunity to call maybe A few weeks from now we will cele- them for more than a few seconds, and even this evening with the chance that brate Thanksgiving, a time of love, it may be God’s will that you cross the maybe they have seen him in some lo- sharing, and counting one’s blessings. I path of one of these children, and cation. want this Thanksgiving to be the best something you saw in that photograph It seems so impossible that even with one the Ryce family has ever had, as earlier in the day will be sparked in all the communication of media in- the family is all together with Jimmy. your mind. volved that a child could vanish with- I know several of my colleagues have Well, when you raise a child to give out a trace. As a parent myself, I can- been with me this evening, and I yield you words of wisdom, albeit the wis- not imagine what kind of fear and pain to the gentleman from California [Mr. dom of being 30-some years old, it Don and Claudine Ryce are going DORNAN.] makes you proud of your child, and I through today; in fact, right now. It is felt ashamed that I had averted my a parent’s worst nightmare. The Ryces b 2100 gaze from a lot of these missing posters have had their own nightmares. No Mr. DORNAN. Mr. Speaker, first of because it hurts me so much as a matter what is taking place, from the all, I would like to thank the gen- grandparent to see this beautiful face moment they finally fall asleep at tleman from Florida [Mr. DEUTSCH] for of a child this age or younger, a beau- night until the moment they wake up, having this very touching special tiful little daughter this age or young- the first thought that enters their order, and thank him for stopping me er or a grandchild, and think of the minds is that their little boy, Jimmy, in Cloakroom and asking me if I would heart-gripping pain that this brings to is not sleeping in his own bed. join you. I have spoken so many times Today is a good day for the Ryces. parents and grandparents, how they this afternoon, I do not want people to They are feeling optimistic. The Flor- will never, ever be able to enjoy the think that I do not have grandchildren ida Department of Law Enforcement, birthday of that child ever again, a at home that I would like to spend the FBI, and Metro Dade police met Thanksgiving, a Valentine’s Day, a some time with, but this is important. today and released information that a Christmas, an Easter, when they see all I would just like to give the gen- witness has possibly seen Jimmy. If of the other children in the neighbor- tleman a few thoughts from last night you have any information leading to hood or have a particularly enjoyable which was a very Halloween eve of the disappearance of Jimmy Ryce, moment with a sibling, an older broth- today, All Saints Day, with children. please call the number on the poster, 1– er, a younger sister, and the pain that 800–361–9526. We went out last night, after we ad- this must bring back. According to the Department of Jus- journed, after it was dark for about an As I was sitting here I was thinking, tice fact sheet on missing children, hour and half, and I raced to a neigh- what kind of an original idea could I every year there are between 1,600 and borhood out in Springfield, VA to be contribute to your special order to- 2,300 stranger abductions of children with five of our nine grandchildren. night, and I did think one. under the age of 12 in the United States The youngest one, Robert K. Dornan, We see now with murdered children of America. These children are the en- III, was dressed as Pooh, and it made the agony of parents looking at a vid- dangered innocents. Only 300 of these me grit my teeth, he was so cute. Ex- eotape and they show the videotape on kidnappings last more than 24 hours, cuse me, it is our newest, Leam Dornan the evening news, and again, your and the FBI has told me that you can Penn, who was Winnie The Pooh. Last heart breaks for the parent that all extend the radius of the circle where year it was Robert, III, and he was they have left are these videotape im- they may be 300 miles from point of ab- dressed as a phantom with a dark face. ages of this beautiful child. And then I duction for every day they are missing. I went around and looked at all of thought in the case of missing persons These missing children could have the princesses and all of these little and maybe one of your color pictures been deported or crossed borders, and children, and for some reason I thought here, well, the bottom one looks like a may not even be in the United States. how carefully the parents were shep- portrait, but the one looks like he is in Jimmy Ryce is an endangered inno- herding them and the grandparents, a baseball game, may have than ex- cent. Typically the only way law en- that there was a little extra fear for cerpted from a video, a still color pho- forcement ever finds these children is the last 10 or so Halloweens not be let tograph worked up from a video. through information and leads called them get too far out of sight. And I thought every parent who has in by the police. On Monday, October I remember I gave T-shirts with my a small child today should take a vid- 30, 1995, ADVO distributed over 50 mil- grandchildren’s first names on them to eotape, and at some point when they lion cards throughout the country with one of my daughters, and she said well, are filming their child or a grandparent Jimmy’s picture on it. Dad, these will make nice pajams. I their grandchild, they should go in for You have probably seen pictures be- said no, no, they are T-shirts for out- a close-up and slowly pan around the fore of missing children in the space side, and she said, Dad, you do not put child from every angle, film this child contributed by ADVO on the left side a child’s name on a T-shirt. If you are as an identification video tape and put front of postcards, which carry on the in a mall and some evil person comes it on a shelf somewhere. If you are a back advertisements for various serv- up and says Kevin, come here, quickly, struggling parent, as I was in my early ices and products. Please look at these your mother has just been hit by a car years, just worrying about grocery cards and etch Jimmy’s fact in your outside, they run following the person money, and you do not have a video memory. Be on the lookout for these instantly. camera, borrow one from a parent or warning signs: a new child in your I never thought that we had to live in grandparent and take a videotape of neighborhood, a child acting strangely fear of any name a child identifying your child and put it on a closet shelf. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11679 It will have great value years later for Monday or whatever, but it does hap- while there are exciting possibilities, showing the child. pen, and he is somewhere, and the and we want our children to be techno- I tell parents to do what I never did. question is hopefully someone is seeing logically advanced and ready to move Take a videotape of their child on him and is going to be able to call that into the 21st century. I think we also every single birthday with the same 800 number. have to be aware of the access it gives videotape and put it way up on a shelf, Mr. DORNAN. Just one thought. As to strangers to our children. I learned this from ANDY JACOBS, our television channels expand and we are And I think we have to teach our colleague from Indiana, and then bring now going to these 18-inch dishes, as children not to share personal informa- it down and you can run that very there are more and more and more tion, like home phone numbers and ad- same videotape without editing and channels, I think we ought to write dresses, with unknown and potentially watch a child quickly grow up in 20 Ted Turner and ask him on one of his threatening strangers. They do it all years. It will go by so quickly it will outlets if he could have a designated the time without really thinking much tear your heart out. But I think par- point in each day where people as about it. I think kids need to be re- ents who have a videotape camera thoughtful as my son, Bob, Jr., who minded that those computers do pro- should film their child and when that will take the time to study these faces, vide a lot of information and access child was missing, particularly when I that they could run the current-most from people all across this world that just listened to carefully about what 10 agonizing disappearance cases. And we need to be careful of. you said, Peter, about each day, and re- people who are thoughtful will spend a I also would like to reiterate, and I peat it, each day the child is missing is few times to, as my son put it, study, think that the photo that you have up another how many miles added to the those faces, and where there will be there of Jimmy reminds us all of some circle? some videotapes you can study it in of the kinds of things and guidelines Mr. DEUTSCH. Three hundred miles. three dimension around the child and that help and assist police in their ef- Mr. DORNAN. Three hundred miles say, all right, I will study that, and we forts to locate missing children. The per day. So if you could get a videotape are going to end up with more happy national center actually has advised and give it to the television station in- endings and more children saved from a parents to take color photos. Without stantly, and I am not talking about all horrible fate. that photo there tonight, we might not of those terrible cases where parents Mr. DEUTSCH. They really are have a picture that could be displayed, get into custody fights, which mer- happy endings. In a little bit I will that could be used to go across this cifully is not a huge number, but the show the statistics of that. What they country, that is up-to-date picture. I hundreds of gut-wrenching cases of really have said to me, I have spent think they recommend that this should pure kidnapping by evil strangers. some time trying to understand, unfor- be done about every six months to Think of how a videotape of a child tunately, this tragedy, the more you make sure that we have up-to-date. that is fairly current would assist law learn about it, the more sickening it is, I think Mr. DORNAN’s idea of a video enforcement and great shows like John that the more publicity and the more is an excellent idea. It is a quick re- Walsh’s show. He is from your State, is people that know, the better it is. play, gives us characteristics that we he not? I am really happy that my colleague cannot necessarily capture here in a Mr. DEUTSCH. Actually, he is from from Florida joins us here today. I picture. But if that is not available, at my own community. know it has been a long day for my col- least we do have an opportunity to Mr. DORNAN. Every time I see John league as well, but Congresswoman have an up-to-date photo of the child. I shudder that all he had, as gruesome THURMAN. They ask for us to keep recent dental as it sounds, is the child’s head, to re- Mrs. THURMAN. I thank the gen- records at our fingertips so that we can member him by. My wife was looking tleman from Florida [Mr. DEUTSCH]. make sure that we have that available, at him just this week and said, is he Mr. Speaker, I just would like to add as well. not a remarkable man? Look at the a little bit about Jimmy Ryce at this There have been some national pro- burden God gave him and now how it point, and as a parent, to tell his par- grams across this country in malls. has turned out for him. ents that I do not think anybody will Law enforcement agencies go into I said, Sally, he is an absolute hero of ever understand what it is like to go malls all the time, setting up our time, that he took the pain of little through what they must be going fingerprinting so that we have finger- Adam’s disappearance and then murder through. And for the American public prints actually at the sheriff’s office and has turned it into a crime series of to offer any kind of help is just impera- for identification purposes. These shows where it is not just missing chil- tive that we do that for our future and records will provide to police and in- dren he helps with. He has broken some for what is our most and best resource vestigators, will help expedite the cases in this country that have lin- that we have to offer to this country. process of locating missing children in gered on for two decades, and brought Mr. Speaker, I think that it is a good the future. people to justice. idea, and I agree with Mr. DORNAN and I think we must be vigilant in our ef- So I really appreciate the gentleman some of the things that he brought up, forts to locate them, and we have to taking this beautiful special order for maybe we should talk about some of get involved and stay involved. our missing children in this beautiful the things that we can remind people. I actually have a number here that I country of ours on All Saints Day. You know, it has been a while, I think, would like to give tonight for people Mr. DEUTSCH. Mr. Speaker, I thank that we have been reminded. Some- who have seen missing children and the gentleman from California. times, you know, things get lost and what they can do, because there is a Mr. Speaker, If I could again follow forgotten and we forget that there are national hotline. The hotline is for the up, because it really was in some ways things that we can be doing to try to Center for Missing Children. It is 800– a good sign today when I spoke with have these kinds of things not happen 843–5678, and I think that if anybody several people from the FBI, from the in our society. did not catch that number and calls missing and exploited children’s I particularly think that there is an- any one of us, we certainly, or any of branch, that the case which got a lot of other issue that is coming to this coun- your officers, police officers, sheriffs, publicity was two young boys, I think try, that I am somewhat very con- anybody locally can also provide you a 3-year-old and 11-year-old brother cerned about, in the fact that we now with these numbers. who got kidnapped in Minnesota, a guy have what we call the information su- We have to be that voice for missing in a stolen car. It really was luck, perhighway, a situation that for many, children. When information is avail- God’s providence, whatever, that this many folks with computers in their able to the public and the public is woman who did not even remember homes and information crossing, there alert and concerned, we have a much, where she saw their picture, based on are some things that I think parents much better chance of helping our the day she saw it, she might have seen and children need to understand that missing children find their way home. it on America’s Most Wanted. They they need to be very, very careful with. The national tragedy of children specifically said that, because she kind It is a new society out there, it is a being abducted from homes, schools of remembered seeing it on Saturday or new world, it is a new technology, and and playgrounds demands a national H 11680 CONGRESSIONAL RECORD — HOUSE November 1, 1995 response. We will continue our efforts is parents ought to know what their Mr. DEUTSCH. Mr. SHAYS wanted to through the National Center for Miss- kids are doing on their computers. It join us. ing Children and the FBI to encourage sounds like a crazy request. It is a 1990s Mr. SHAYS. I appreciate the gen- preventive measures, and to demand request in America, but if your kid is tleman yielding to me. that all available resources are used to out there on the Internet and talking I was here at another special order, locate and recover missing children. to people on a site, you better know and I knew that you were going to talk Mr. DEUTSCH, I do want to say to you who they are talking to because it real- about Jimmy Ryce. I think of that pre- tonight, and to all of our colleagues, ly has happened. cious young man and his precious par- that while we may not have been I mean, what kind of mind does that, ents who are wrestling with where he is touched with it personally in our lives, but unfortunately, there are some now. And I just felt inclined, wanted to unfortunately probably every one of us minds that do that. I think we need to hear what you had to say and to pay have at some time had a constituent do everything we can to stop it from respect for Jimmy Ryce and the thou- who has had to face this kind of a situ- happening, but I think that is a really sands of other young children that ation. unfortunate new point for parents to be have been taken away from their par- b worried about. 2115 Mrs. THURMAN. I would say that we ents. And then when I mentioned that I know in my own district, I remem- also have to move into that 21st cen- to you, you asked me to read a state- ber a woman several years ago that had tury as parents to understand the new ment from another of your colleagues a grandchild that was abducted in Or- dangers that face our children. I think from Florida, ILEANA ROS-LEHTINEN, lando in a parking lot. The child’s face there were some great programs that who I would like at this time to read was, we actually did it at toll booths in started when we first all got involved her statement. She cannot be here to- Florida. We were able to do milk car- in these issues and we all remember night, but I think it is important that tons and the kinds of things that we them. I have taught my children, I her feelings about this case and others have tried to do to get these faces out mean, how many times did I say to like it be put in the RECORD. there. The child has never been re- them, do not take candy from a strang- So I would just read her statement at turned to my knowledge. It was heart- er or do not talk to strangers or do not this time. breaking. I cannot even begin to tell get into cars with strangers or if you It begins: you the pain that she was going are in a mall and somebody says some- Mr. Speaker, one of the silent and most through in this. thing to you or takes your hand, what devastating crimes to which some in our so- I think there are some other things do you do. They knew the response to ciety remain oblivious to is the large number that we ought to be conscious of within that. They understand that. They do of children and young adult persons who are America. We know the kind of things not necessarily see the danger when kidnapped and reported as missing within that are happening with abductions. they do not see somebody standing in our local communities every year. We need to try to teach people as well, front of them, somebody who can, is Most recently in my local community is please do not do this to our children. visual to them, who actually can do the case of ten year old little Jimmy Ryce, Do not take our natural resource. Just harm to them as they are there. But who, upon walking from his school bus stop think about all of this as you go they, all they have to do is say, I go to to his home in the Redlands neighborhood of through a working day and help any of South Florida, was kidnapped and has yet to this elementary school, I have blond be found. us in trying to prevent this kind of a hair, blue eyes, and I am going to be happening. I just think it is awful and Another case which to some may trag- wearing such-and-such. I have got a ically and foolishly believe is yesterday’s I would hope that our conscience in new dress today or I got, whatever, news, is the case of Shannon Melendi, a America makes us understand how just somehow identifying that child and young resident of my Congressional district, heart wrenching this is and to the separating them out. They do not un- who while attending Emory University in child. derstand it because it is not something Atlanta, Georgia, was kidnapped over a year I want Jimmy to know, if he is out they can grab onto. It is not something and eight months ago and has yet to be there listening to us, we are looking they can really feel. found. All of us want answers to Shannon’s for him, too, and do not give up hope So I think as parents and as grand- mysterious and sad disappearance. and know that people do care about parents, as we do move in, we always And as all of us in the local South Florida him and love him and we are going to need to continue to update our own community presently suffer the pain and an- try to get him back to his parents just files as to the kinds of things that can guish of little Jimmy Ryce’s parents, whose son was kidnapped 51 long days ago, and we as quickly as we can. happen and be aware of those so that join them in their search for Jimmy, I am So, Mr. DEUTSCH, I really do appre- we can teach our children better ways more sure than ever that someone must be ciate what you have done tonight. of not getting themselves into these held accountable for the loss and uncer- Mr. DEUTSCH. I thank you. You ac- kinds of situations because not all old tainty that they feel today. tually brought up an unfortunate sort remedies are going to work for what As the extensive manhunt continues with- of new avenue. When I spoke with, new dangers are out there for these in South Florida for Jimmy, I feel that all of again, unfortunate people who are in children. us, as parents and as legislators, must be- the business of helping to find these Mr. DEUTSCH. I used a sort of exam- come aware of this inhuman and horrible act children, the FBI officials involved, ple of a happy ending for these two that today afflicts my local community, but they actually have cases today of chil- boys in Minnesota, but obviously they tomorrow, could very well affect yours. dren in a sort of talk site on the have arrested the gentleman. Hope- As I stated, another victim of this heinous Internet, where a child that could be fully, I assume he will be convicted, he crime is Miami resident Shannon Melendi, who, in spite of a national manhunt, has yet not necessarily 5 but an 8-year-old, a 9- will spend a long time, the rest of his to have been found, a year and eight months year-old, and a 10-year-old was on a life in jail. But he told the young boys later after she was seen at her place of work, talk site who thinks they are talking that he was a policeman. And I guess it the Softball Club, in Atlanta. to another child somewhere but is talk- is hard to put myself in the mind of a Shannon was not only an outstanding stu- ing to a very sick person who is asking 10-year-old, but it was not unusual to dent and a presidential scholarship recipient them over the Internet about them- get in a car with a policeman and drive while attending Miami Southwest High selves. And they have actually, in say- for several days. How does he know School, my alma mater, but also a dedicated ing why do you not meet me some- what policemen do? member of her school community, who did where, something like that, there have Mrs. THURMAN. And particularly her best to represent the junior and senior classes of which she was president. actually been abductions that have oc- because a child has been taught that curred through cyberspace. It is sort of that is supposed to be his friend. That Even though a suspect is now in prison, he is the person that they can go to most has yet to confess to a crime, and Shannon the ultimate sort of strange sickness, remains missing. often if they are in trouble. But there the technology being used that way. Her family, from her grandparents to her One of the things they pointed out, at are some very sick people out there younger sister, remain distraught and af- some point this evening we will go that play on these very kinds of things. flicted with a heavy emotional burden as through a list, the list is not long we need to be careful. I know the gen- they wait for Shannon to come home to enough, but what they specifically said tleman from Connecticut is here. them once again. November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11681 Is the FBI doing enough? Is the local po- ing statistics, I guess optimistic but or that they are a police officer, that lice? I strongly believe that more must be sobering as well, of those 385 were lo- there be a password that the child will done. As the mother of two young girls and cated alive and close to 200 were lo- know that that person would say. It is a Florida certified teacher, I am very wor- cated deceased. So there is reason for one of the techniques that has been ried about any cases of abducted children. Worse still is the fact that as the number hope. But a number that is staggering, suggested or that stop points. When a of kidnappings increase, there are even more 1 would be depressing, but I cannot ex- child is leaving a bus station, at a cer- missing children who were yesterday’s news press in any way what 1,500 families in tain point they should be there by and who perhaps will never be accounted for. this country have gone through in this then, and if they are not, then someone I ask you, Mr. Speaker, has our society be- period of time. needs to know about it, whether it is come so evil that our children cannot even The National Center for Missing and an older sibling, an older friend, or a venture from their homes in order to attend Exploited Children at least tries to ad- school, without the fear of being kidnapped? trusted neighbor. Have our communities become so unsafe vise parents and there has been, obvi- Let me talk about some children, and and insecure that parents, such as those of ously, a national media campaign that happened unfortunately on some Jimmy Ryce, cannot even allow their chil- about things to do. And there is a na- other children mentioned from Florida dren to walk home after school from their tional computer network that is linked that are missing. Obviously I have bus stop? Have we come to the point when via computer with 45 States, allowing talked about Jimmy Ryce, but I want well meaning parents, such as the Melendi’s, the instant transmission of images and cannot send their child to a prominent uni- to show another, the picture there, but information on missing children. it is just a picture. If the camera could versity for fear that their children will be There is Project ALERT, America’s kidnapped? try to focus in on it, I will try to hold Are the abductions of little Jimmy Ryce Law Enforcement Retiree Team uses it as steady as I can, and, as you can and Shannon Melendi rare occurrences? Or retired police to provide free on-site as- read, the child has a birthmark on his are they some of the ever increasing number sistance to local police in difficult shoulder blade, was last seen wearing a of children who are kidnapped throughout missing or exploited child cases, photos white shirt and blue jean shorts. His the nation. and posters with private sector part- Something must be done so other children nickname is Jimmy. And, as the cir- ners, imaging/identification, case man- cumstance, child was last seen getting and their families do not suffer in the same agement, leads. The 800 number, which manner. off his school bus at his bus stop, which I ask you, Mr. Speaker, what are we as leg- has been mentioned by other Members is three blocks from his home. as well, is 1–800–843–5678. Specifically islators and the representatives of our local As I mentioned, all these are children for Jimmy Ryce, the number is 1–800– communities to do in order to deter this ab- from Florida. That was in Homestead, horrent crime? 362–9526. We cannot merely sit back and wait for Let me also follow up, as several FL, my district. Walter Morales left Jimmy or Shannon, and all other abducted Members have mentioned, sort of what his home in Miami, FL, with three children, to turn up. can parents do and some of it unfortu- males on October 27, 1993, and has not We must take action and form a strong been heard from since. Child has a stance against this atrocious act so that nately cannot do enough. Tens of mil- lions of children in America left their small scar near his right eye. He has your children, my children and our chil- two top teeth that are gold. He has a dren’s children, do not suffer the gut wrench- buses today after school, tens of mil- ing loss and uncertainty that the families of lions walked home, maybe a block, ‘‘W’’ on his left shoulder, and again, if Jimmy Ryce and Shannon Melendi feel, as maybe several blocks. And I hope all of the camera can focus in on that? they search for leads and wait for a precious them made it back home. But unfortu- This is a picture of Andrea Gail Par- missing child. nately I know that on occasion some sons, who was last seen July 11, 1993, in I would just like to thank the gen- do not, like Jimmy Ryce did not. Port Salerno, FL. She was 10 when she tleman from Florida and to let him disappeared. The child was last seen b know that your purpose, I think, is 2130 wearing blue jean shorts, a dark-col- well-intended and I think serves a tre- So, I do not think it is realistic to ored shirt, clear plastic sandals. Child mendous effort in helping Jimmy Ryce hope that every child, or we are at that was last seen at 6 p.m. near Commerce and others be found. I want to thank point in our society, needs to be and Seward Ave. in Port Salerno, FL. you for your special order and to just walked home from the bus station at As has been mentioned, those are let you know that someone from Con- school, but we can try to do some cases of abductions, of nonfamily ab- necticut has taken a good look at that things, just knowing and just sort of a ductions. There are family abductions young man and I just hope there are so list of things: knowing where your chil- unfortunately, and I just—again these many others that we can be alert and dren are at all times, being familiar are in Florida. This is Malik Mike make sure that Jimmy Ryce is re- with their friends and daily activities, Tourbah, kidnapped by his father in turned to his parents well and safe and being sensitive to changes in the Miami Lakes, FL, on June 22, 1990. that they can hug him and caress him child’s behavior, that you should sit Child has a scar on his right eye. and just welcome him back into their down and talk to your children about And this is Kaylee Nicole Lopez, kid- family. I hope that day comes. what causes changes, be alert to a napped by her noncustodian grand- Mr. DEUTSCH. Mr. Speaker, I thank teenager, be alert to a teenager who is parents on August 12, 1989, in Miami, the gentleman. I thank Congress- paying an unusual amount of attention and child has a birthmark on the right woman ROS-LEHTINEN for preparing her to the children or giving them inappro- side of her chest and her upper right statement and also I know that Con- priate or expensive gifts, teach your thigh. Her eyes are hazel green. Child’s gressman LINCOLN DIAZ-BALART spoke children to trust their own feelings and photo is shown age-progressed to 8 earlier under 5 minutes about Jimmy assure them they have a right to say years. Ryce and his hope for his safe return to no to what they sense in wrong, listen And Andrea Durham from Fort Wal- his parents. carefully to your children’s fears, sup- I want to shift gears a little bit and port them in all your discussions with ton Beach, FL, she left her family’s just talk about missing children in this them, teach your children that no one new home on February 1, 1990, and it is country in general. As Jimmy Ryce’s should approach them or touch them in an age-progressed photo, actually to 18 abduction has really heightened the a way that makes them feel uncomfort- years at this point. community in south Florida, I edu- able, and if someone does, they should Mr. Speaker, we have discussed some- cated myself a little bit about what I tell the parents immediately, be care- thing tonight that I wish I did not have have said just has to be one of the most ful about baby-sitters and other indi- to discuss. I think everyone in this disturbing statistics in this country, if viduals who have custody of your chil- country wishes we did not have to dis- not the most disturbing statistic in dren. cuss this, but it does take place, and as this country. Now some people have also made sug- a community of Americans, society, we This chart shows from the National gestions and actually the National clearly can do better in this area. We Center for Missing and Exploited Chil- Center for Missing and Exploited Chil- need to be vigilant as individuals, as dren numbers, numbers that are stag- dren talks about things, passwords that parents, but as a society as well. gering. Nonfamily abductions, 1,524. parents can use with their kids if some- I mean there is no limit to the And then some very unfortunate sober- one does say that their parent is sick, amount of resources we need to put in H 11682 CONGRESSIONAL RECORD — HOUSE November 1, 1995 to make sure that this does not happen Most missing children do return home safe- focus criminal justice, legal, and social service to one child in this country. And law ly, but this face is of little comfort to the fami- resources on treating the child victim. enforcement has resources, and they lies of those children who are never found or States should enact a child victim's bill of are doing everything they can, and are who are found dead. We, in Congress, must rights to incorporate basic protections into interviewing every person they pos- work to reduce the numbers of missing, ab- State law. sibly can, and following up thousands ducted, runaway, and thrown awayÐchildren Each State should provide for, or support, of leads as they come up in this case, who are thrown out of their homesÐchildren. research-based, comprehensive, age-appro- and I know I appreciate it, and I know There are a number of things which remain priate personal safety curricula in its elemen- the Ryce family appreciates that as to be done to improve outcomes for missing tary and secondary schools. well, and hopefully for those people and exploited children. The National Center for Parents can also help prevent child abduc- that are watching, because that is real- Missing and Exploited Children has suggested tion and exploitation. I urge parents to be sen- ly what this special order is for, as I that: sitive to changes in your children's behavior, have learned more about this, the cases Uniform reporting procedures should be im- be alert to a teenager or adult who is paying that are solved are solved because of plemented to improve monitoring of reports of an unusual amount of attention to your chil- people like the people watching an in- crimes against children. dren or giving them inappropriate or expensive cident, a flash, a child in a restaurant, Each State should create a missing and ex- a face in a car passing, a child any- gifts, teach your children to trust their own ploited children clearinghouse. feelings, and assure them that they have the where, and there are resources in this States would establish policies and proce- country, the 800 numbers we are talk- right to say no to what they sense is wrong dures to be followed in conducting missing and tell your children that no one should ap- ing. They follow up, they do follow up. child investigations to address initial response, The resources are there. We have put proach them or touch them in a way that information gathering, required NCIC and makes them feel uncomfortable. resources into it, and I am asking peo- other database entries, interviews with family The problem of child abduction and exploi- ple, and I am praying and hoping peo- members, search procedures, supervisory re- tation transcends politics, race and socio- ple—I know the Ryce family is watch- sponsibilities, and post-recovery interviews economic status. To Californians, it takes the ing, too—that we will get a lead and The States should also establish procedures face of Polly Klaas, in Florida, it is that of that we will find Jimmy very, very for law enforcement agencies for taking miss- Adam Walsh, and in the country's heartland it shortly, and he will be with you and ing child reports that include immediate ac- comes as Jacob Wetterling. In the Northeast, with our community again. ceptance of a missing child report without a it is seen in the pictures of Sara Anne Wood Let me just ask one last time if we waiting period, and the immediate entry of all and Etan Patz. In the South, it is in the photo- can just ask the camera to focus in on descriptive information into the NCIC and graphs of Yusef Bell and the 28 other children Jimmy Ryce. other relevant databases. from Atlanta who were reported missing and Ms. JACKSON-LEE. Mr. Speaker, I rise to- States should require specialized training in found murdered from 1979 to 1980. To our night to discuss the heartbreaking and dev- missing and exploited child issues as part of Nation's seniors, the image of Charles and astating issue of missing children. As a mother their basic law enforcement training programs. Anne Lindbergh pleading for their kidnapped of two beautiful children, I can think of few States should establish policies and proce- things as frightening for a parent than learning baby is forever imprinted in our memories. dures to ensure the immediate coordination of that your child is missing. Thus, it saddens me information exchange on unidentified persons We must work together to protect our Na- deeply to know that every day in this country with missing child information on the NCIC. tion's children so that they can grow up to be- parents, and families, are forced to face this Each State should mandate that healthcare come happy, healthy and productive adults. fear. We owe it to the families of missing and ex- In 1994, more than 800,000 children were facilities establish policies and procedures to promote the protection of infants and the re- ploited children and we owe it to the children reported missing to the police and the FBI's of this Nation. Thank you. national crime information computer [NCIC]Ð duction of infant abduction. more than 2,000 children every day. The larg- States should implement records-flagging f procedures and require that new-school enroll- est number were runaways; followed by lost FAITH AND POLITICS children; family abductions; and short-term ment records be submitted to the State miss- sexually motivated non-family abductions ing children clearinghouse to determine wheth- The SPEAKER pro tempore (Mr. AL- There are approximately 300 serious child kid- er abducted or missing children are enrolled in LARD). Under the Speaker’s announced napping cases each yearÐfive or six children schools. policy of May 12, 1995, the gentleman each weekÐcases in which the child is ab- States should adopt comprehensive policies from Illinois [Mr. POSHARD] is recog- ducted by a stranger and murdered, ran- and procedures to address family abduction nized for 60 minutes as the designee of somed, or taken with the intent to be kept. issues including modifying existing criminal the minority leader. In 1994, 99 percent of the reported missing custodial interference statutes to make them Mr. POSHARD. Mr. Speaker, I yield children cases were resolved by local and uniformly state the potential criminal liability of to the gentlewoman from Connecticut state police. We have made progress since abductors who conceal or remove a child in [Mrs. KENNELLY]. violation of the custody rights of the other par- the Missing Children Act was signed into law DEBT CEILING in 1982. New resources and technology have ent. Mrs. KENNELLY. Mr. Speaker, we been crucial in assisting searches and inves- It is also important that a parent's lack of re- keep hearing the debt ceiling and the tigations. A national network exists with the sources do not hinder the reunification of the need to extend it to prevent default. National Center for Missing and Exploited parent and the missing child. National, State, We also keep hearing about the need to Children [NCMEC] at the hub, transmitting im- and local bar associations should encourage balance the budget and the need to fin- ages and information instantly around the members to take family abduction and dis- country. The FBI's new Child Abduction and puted custody cases pro bono or on a sliding ish appropriations bills. I think all of Serial Killers Unit ensures rapid, priority re- fee scale. this is very confusing to the American sponse in the most serious cases. And in Policies and laws on family abduction, do- people. 1994, Congress created the Morgan P. mestic violence, and child abuse should be Let’s be clear. Appropriations, rec- Hardiman Task Force on Missing and Ex- coordinated so that the focus is always on the onciliation and the debt are three sepa- ploited Children, with agents from seven Fed- best interest of the child. Similarly, encourag- rate issues although they are often eral law enforcement agencies, headed by the ing resolution of custody disputes outside of thrown about together. FBI, working with the NCMEC in difficult the adversarial process will reduce the likeli- Appropriations is about keeping the cases. hood that abduction will occur. Government open. The President has The legacy of America's missing children States should adopt and implement a com- signed only 2 of the 13 appropriation can be seen in the new laws, heightened pub- prehensive criminal justice system response to bills despite the fact that the fiscal lic awareness, improved response from law the problem of sex offenders. year started October 1. In the absence enforcement and unprecedented national at- Every State should make the possession of of 13 full year appropriation bills, we tention to prevention and education which child pornography a felony criminal offense. have been operating under a continuing exist today. Progress has been made to better State policies and procedures in dealing resolution. This is a temporary stop- protect our Nation's children, but much re- with juvenile prostitution should treat the issue gap measure designed to keep the Gov- mains to be done. as a form of child sexual victimization and ernment open until we can complete November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11683 work on the remaining 11 full year ap- average families very directly. Fully 31 I know other faiths have similar re- propriation. The continuing resolution percent of American households have sponses that speak to these beliefs, but expires on November 13. We must ei- mutual funds, many of which are in- I can only speak out of my own faith. ther complete work on the remaining vested in Treasury securities or the I remember when I first went to the Il- appropriations or pass another con- stock market. Both credit cards and linois State Senate, one of the leaders tinuing resolution by then in order to auto loans often are pegged to Treas- of my party, as the leaders of both par- prevent a government shutdown. A ury interest rates. And fully 9.5 million ties do from time to time, took us in a Government shutdown means closing American families have adjustable rate little room during the orientation pe- Government offices and national parks. mortgages, a majority of which are riod, and I remember the gentleman The reconciliation bill currently in- pegged to Treasury interest rates. saying, ‘‘Now, here is the first and fore- cludes the majority’s plan for bal- Therefore, millions of American fami- most thing that you need to remember. ancing the budget and a permanent ex- lies would feel a direct impact of a de- The most important thing that you can tension of the debt ceiling. The two are fault. do here is to stay electable. Whatever tied by tradition, rather than neces- When all is all is said and done, the you’ve got to do to remain electable, sity. Balancing the budget is an impor- debt ceiling will be increased. We do it. The most important thing is that tant task and one Democrats and Re- shouldn’t hold the economy or average you get back here. And so if you have publicans have been debating all year. American families hostage to a par- to take the floor and rail against Chi- We should balance budget and this tisan debate on a balanced budget. We cago, and show your downstate con- member believes we will when all is should enact an extension in the debt stituents that you are protecting their said and done and both sides of the ceiling immediately. interests against the big, bad city, do aisle sit down and negotiate. The prob- b 2145 it. You won’t offend me.’’ lem is such negotiations take time. And time is something we simply don’t Mr. POSHARD. Mr. Speaker, I am That troubled me. And sometimes have when it comes to the debt ceiling. very nervous about taking the floor to- when I go to meetings here, as I did The debt ceiling is simply the limit night, because I want to talk about two then, the most important thing it the Treasury may borrow. Treasury topics which perhaps never should be seems that is shared is, what is the Secretary Rubin has said that we are discussed together. Those topics are spin we can put on things to make sure very close to that ceiling today and faith and politics. I have listened over that we stay electable? Treasury would exceed it sometime be- the past few years to the growing pub- I recall in my upbringing a story, a tween November 6 and November 15 lic cynicism of our own people toward very important story in the scriptures, without congressional action. While it our own government. I have listened to of the life of Christ. They were headed, is clear that the debt ceiling will be them, in one town meeting after an- he and his disciples, toward the cross. raised in the long run, it is not clear other, proclaim their distrust, their that a reconciliation bill can be en- lack of confidence in us, their sense Just a few days before that, they acted before we hit the debt ceiling. that we have somehow abandoned ethi- stopped in the home of Mary and Mar- The President has threatened to veto cal considerations in our deliberations. tha and Lazarus. As they were sitting reconciliation in its current form due Mr. Speaker, I listened very carefully there discussing the events of the day, to policy concerns over Medicare, Med- this afternoon to the debate on abor- or perhaps what was to come down the icaid and spending priorities. tion, and I was so grieved in my con- road, all of a sudden there is this little It therefore makes sense for the Con- science about this issue because of the slip of a girl sitting among them. Her gress to pass a temporary debt ceiling tone it has taken on as a point of divi- name was Mary. And at some point in as an interim measure to prevent de- sion in our country. I always feel trou- the discussion Mary took out a bottle fault while a balanced budget agree- bled in my spirit when I hear the shrill of perfume, and the scriptures say it ment can be hammered out. Some have voices rising on this issue, both pro and was worth a whole year’s wages, very said that such a step isn’t necessary con. The name of God was invoked expensive. And she broke that bottle because a default wouldn’t cause seri- today several times in the debate, and and she lavishly spread it upon Christ, ous problems in the economy. I strong- it caused me to think again about the and that evoked certain responses in ly disagree. role of my faith in the decisions that I the room. Judas immediately said, who Remember we have never exceeded have to make in this Congress and in represents the world in this scenario, the debt ceiling so no one really knows this country. So I want to talk about ‘‘Stop her. Why do you let her do that? what will happen but we do know that that. We could have sold that and given it to exceeding the debt limit means that I ask your forgiveness in advance if I the poor, and accomplished social ob- U.S. debt obligations come due and the offend anyone here in the manner of jective.’’ And the disciples, who rep- United States refuses to pay. Given my speaking or the words which I resented the church in that scenario, that U.S. Treasury securities are seen speak. I respect any person’s faith. I said, the scripture said, ‘‘they rebuked as the soundest investment in the am not taking the floor here to pros- her severely.’’ And then Martha, who world, this would be a very serious de- elytize for my faith. I am not trying to represented the family there, came velopment. Much of the economy is advocate any religion. I have never into the room and said to Christ, ‘‘Get based on confidence. Think about the considered myself to be a particularly Mary up. I have lots of work to do in effect on the stock market, the dollar, religious person. I accepted both my the kitchen. I need help. She should be the bond market, not to mention the faith and my politics when I was fairly in there helping me. Get her up.’’ economy be if the United States even young, I guess as most of us do. I was And the scripture Christ looked at for a short time says ‘‘no we can’t pay raised in a small, rural Baptist church. Martha and said, ‘‘Martha, Martha, you our debt right now’’. My father and mother were steeped in At the very least, it would mean that the beliefs and the traditions of the worry over so many things, but only the next time we go to sell bonds U.S. Democrat Party and the Christian one thing is most important, and Mary Treasury securities, purchasers are faith. I accepted both along the way, knows what this is: Just learning to going to demand an interest rate high- and I have struggled with both my love, to care about others, and being er than they otherwise would have be- whole life. loved in return, in the way that God cause of the increased risk. Keep in It has been especially difficult to in- loves us, in an unconditional love, that mind that currently U.S. Treasury debt tegrate the two at times, but let me is the important thing, and Mary finances $4.9 trillion in debt. So even a talk about just a few beliefs or assump- knows that.’’ risk premium of ten basis points—one tions that I have encountered along the And so I am reminded by that that tenth of one percent—will mean $3–$4 way in the political world that may the most important thing here is not billion in added annual interest we speak at least in part to the ‘‘why’’ of to say electable, it is not to do what- must pay on all our debt for the future! the public distrust, and share with you ever is necessary to make sure that we While the debt ceiling and a poten- a response from my own Christian faith get back here. We all know who serve tial default are esoteric issues to most that may remind us of a way to restore here what the most important thing of Americans, they do effect the lives of that confidence. all really is. H 11684 CONGRESSIONAL RECORD — HOUSE November 1, 1995 I remember having heard several warrior captain by the name of Naman. power. Not just the seat of this Na- times a second notion peculiar to the He has gone over into Israel and made tion’s government, but it is the govern- political realm, and that notion is that a raid, and he has brought back some ment to which all governments of the once you get in this business, and once captives. One of those captives is a world come to pay deference from time you get on the ladder, that you want to young Jewish girl that now serves in to time. climb to the top. It said that ‘‘every- his household. There are many false idols worshiped body wants to be President,’’ and so Naman is a great military leader, a here. Position, power, wealth, all kinds the notion is to climb as far as you great leader of his people, but he has of things, that it would be very easy can, and not to worry about the cost of one problem. He has leprosy, the most for us to look at and feel so empowered that, if you have to climb over the bod- dreaded disease of his time. The little with that we would forget who we are ies of your friends or whatever, just do maidservant in his household said one and think that we could compromise it; achieve, get to the uppermost rung. day to Naman’s wife, ‘‘You know, if principle in the process of engaging in Again I am reminded of something Naman would go over into Israel and these kinds of pursuits. So we must be that came out of my faith that speaks meet with the prophet Elijah, he could reminded in this midst of position and to that notion. Just a few days later heal his leprosy.’’ power and wealth and authority and all Christ and his disciples are in the b 2200 of the other things of who the one true upper room, having the last supper to- The wife tells Naman, Naman tells God of the universe really is. gether that they are going to have on his king, his king exchanges letters Now, today as I mentioned earlier, I this Earth. A few days before that the with the king from Israel, arrange- sat and listened to the debate on abor- mother of James and John, two of the ments are made for Naman to go see tion. Every time I hear that debate disciples, had come to Christ and said, the prohet, Elijah. He goes there and come up before this body, I am just ‘‘When you come into your kingdom, I he proceeds to take a long train of torn asunder. I am a pro-life Democrat. want you to seat one of my sons on wagon loads of gifts with him to give It is just what I believe. But I want to your right and one of my sons on your to the prohet who may heal him of this talk about this for a moment along an- left, so that they can share the power leprosy. other line. with you in this kingdom, this earthly He comes up to Elijah’s door, want- I have a little niece by the name of kingdom that you are going to as- ing to give him these gifts, and Elijah Rita, and she married a young man sume.’’ will not even meet with him. He says, named David some years ago, and they The other disciples had gotten word through a messenger, to Naman, are two kids that really loved each of that, and they were irritated and ‘‘Naman, go down to the Jordan River other. They were in their early 20’s. seething underneath about in competi- and dip yourself 7 times in the river They cared so much for each other, tion for power. It said that at this most and you will be healed of the leprosy.’’ they wanted to build a life of their intimate time of all, after spending 3 Naman becomes very angry. He says, own. They got married and they had a years together, when they should have ‘‘I am not going to humiliate myself by child, and that little child, Jonathan, been closer than they had ever been be- doing that,’’ and he turned around and was born with Cystic Fibrosis. The doc- fore, it said that they were so angry started to go back home, and one of his tor told them that Jonathan may never with each other that they even refused servants prevailed upon him to indeed come home from the hospital. He did, to engage in the Jewish custom of go down to the Jordan and dip 7 times. but only a couple of times in the short washing their feet before they came He said, ‘‘What do you have to lose? If 7 months that he lived. into the room. So Christ got up and he had asked some great thing out of took a towel and a bowl of water, and The hospital bills were huge. For all you, would you not have done it?’’ the time that Jonathan was in the hos- he proceeded to go around the room So Naman went down to the Jordan, and wash their feet. And in doing that, pital, my niece and her husband were dipped himself 7 times, and was mirac- heartbroken over this experience, they he said to them, ‘‘Look, don’t be this ulously healed of the leprosy. He comes way. If you want to be the greatest in were grieved to know that one of them back to the door of Elijah, and now he was a carrier of the Cystic Fibrosis the kingdom, you have to learn to be wants to give these gifts to Elijah, and the least. If you want to be the ruler of gene. They were warned by the doctors Elijah again says, ‘‘I will have none of not to try to have another child. all, you have to learn to be the servant them.’’ of all.’’ He said, ‘‘The Pharisees seek So Naman says to Elijah, ‘‘Well, Eli- I remember the day that my niece the best seats in the synagogue so they jah, if you will not take the gifts, then called me and she said, ‘‘Uncle Glenn, can display their faith, and the Gen- just do this for me. Let me take two the doctor tells us that Jonathan is tiles lord it over their people. That is wagon loads of this earth back with me probably not going to live through the not the way. Don’t do that. Don’t sit to my home, because I am a man under day. Could you come over the hospital here in envy and pride and jealousy authority, and when I get back home, I and be with us?’’ I remember getting in about wanting to be first.’’ know my king is going to call me to go my care and starting the drive some 50 In the spiritual world, the way up is down to the House of Reman where the miles away to the hospital where they the way down. Yet, the political world false gods of Baal are, and I am going were and saying to myself as I was tells us all the things that we have to to have to accompany him there. All I driving along, dear God, how could you do to climb the ladder. There is an- want to be able to do is take a handful let this happen? How could you let this other thing that I have noted along the of dirt with me when I am compelled to child which they so wanted, they so way in the political world. You hear it go there and spread it before me so I loved, how could you let these two kids all the time. It says, ‘‘In order to sur- can remember the one true God that who loved each other to much, how vive, you must be willing to com- healed me.’’ could you let this take place? How promise.’’ We know that democracy de- Now, Elijah could have said to could this little baby be dying? I was pends upon our ability to compromise. Naman, ‘‘Naman, don’t you dare. You really grieved in my spirit and in my No one gets everything they want in a have gone through a miraculous experi- conscience struggling with this. democracy. That is the genius of a de- ence here. Don’t you dare go back Not in an audible voice, but in my mocracy. We are all searching for the there and worship a false god of Baal.’’ own spirit it suddenly came to me. middle ground between the extremes. But he did not say that. Instead, he This came to me. It was like God say- That is the only way democracy can said to Naman, ‘‘Naman, take the dirt ing, but you do not understand. I cre- move forward. Yet, so much of the time and go in peace.’’ ated Jonathan because I needed him. I in this business we almost treat com- Now, what is important about that to am love, unconditional love, all forgiv- promise and principle as one and the me is simply this: This is the greatest ing love, and the nature of uncondi- same thing. country in the history of the world in tional love is that it must have an ob- There is a wonderful little story in my judgment, America. This is the ject upon which to lavish itself. That is the Book of Kings, in the old scrip- greatest government in the history of the nature of love. tures, that reminds us of a response to the world. And right here in this cap- You see, God being unconditional this issue. The Syrians have a great ital, in this city, is the seat of worldly love, needed Jonathan in order that He November 1, 1995 CONGRESSIONAL RECORD — HOUSE H 11685 may love more, in order that He may Mr. BONIOR, for 5 minutes, today. Mr. DICKS. love him. Jonathan was created as the Mrs. KENNELLY, for 5 minutes, today. Mr. LUTHER. object of this great love. Jonathan did Ms. DELAURO, for 5 minutes, today. Mr. POMEROY. not have to deserve God’s love. He did Mr. GIBBONS, for 5 minutes, today. Mr. HANSEN. Mr. PALLONE, for 5 minutes, today. not have to be worthy of God’s love. He Mr. GILMAN. was the beloved, just by virtue of being Mr. DURBIN, for 5 minutes, today. Mr. MARTINI. created by God. The length of his life Mr. MILLER, for 5 minutes, today. Ms. JACKSON-LEE. was utterly unimportant, whether it Mrs. SCHROEDER, for 5 minutes, was 7 weeks or 7 months in the womb today. f or 7 years or 70 years after birth, he Mrs. COLLINS of Illinois, for 5 min- SENATE BILLS REFERRED was the beloved. utes, today. There are so many voices in our Mr. WISE, for 5 minutes, today. A bill of the Senate of the following world today telling us that in order to Ms. KAPTUR, for 5 minutes, today. title was taken from the Speaker’s be loved, in order to count for some- (The following Members (at the re- table and, under the rule, referred as thing, in order to be worthy, we have quest of Mr. SCARBOROUGH) to revise follows: to be the right way. We have to make and extend their remarks and include S. 187. An act to provide for the safety of a certain salary or live in a certain extraneous material:) journeymen boxers, and for other purposes; community or associate with the right Mr. LONGLEY, for 5 minutes, on No- to the Committee on Economic and Edu- people or drive a certain car, wear cer- vember 2. cational Opportunities and the Committee tain clothes, attend a certain church. If Mr. MCINTOSH, for 5 minutes, on No- on Commerce. we will just do all of these things, vember 2. f somehow we will be worthy, we will be Mr. SHADEGG, for 5 minutes, today. deserving of love and appreciation. As Mr. DORNAN, for 5 minutes, today. ADJOURNMENT Henry Nowan, a Christian writer says, Mr. RIGGS, for 5 minutes, today. Mr. POSHARD. Mr. Speaker, I move we drown out that voice that calls us Mr. HORN, for 5 minutes, today. that the House do now adjourn. Mr. KIM, for 5 minutes, today. the beloved, just because we are cre- The motion was agreed to; accord- Mr. EHRLICH, for 5 minutes, today. ated by God as the object of His love. ingly (at 10 o’clock and 15 minutes Mr. GEKAS, for 5 minutes, today. That is why those of us who are pro- p.m.), the House adjourned until to- Mr. CLINGER, for 5 minutes, today. life see this as a matter of principle, morrow, Thursday, November 2, 1995, at Mr. HAYWORTH, for 5 minutes, on No- not just as an issue that can be com- 10 a.m. promised. We really do see this issue of vember 2. abortion as a matter of life and death, Mr. SCARBOROUGH, for 5 minutes, f today. as a matter of taking away a life that EXECUTIVE COMMUNICATIONS, Mr. SHAYS, for 5 minutes, today. God has allowed to be created as the ETC. object of His love. But if we really be- f lieve that, then we must also believe Under clause 2 of rule XXIV, execu- that the lives of those caught up in the EXTENSION OF REMARKS tive communications were taken from terrible circumstances of considering By unanimous consent, permission to the Speaker’s table and referred as fol- an abortion and all of the trauma that revise and extend remarks was granted lows: goes along with that, we must also be- to: 1582. A letter from the Comptroller, De- lieve that we have no right to further (The following Members (at the re- partment of Defense, transmitting a report traumatize that person by self-right- quest of Mr. PALLONE) and to include of a violation of the Anti-Deficiency Act by eous condemnation of their character. extraneous matter:) the Sacramento District, U.S. Army Corps of Engineers, pursuant to 31 U.S.C. 1517(b); to Mrs. MALONEY. Only God must judge. If our faith the Committee on Appropriations. teaches us anything, it is that we must Ms. ROYBAL-ALLARD. 1583. A letter from the Director, Office of have compassion and mercy, not judg- Mr. HAMILTON in two instances Management and Budget, transmitting ment. Mr. CARDIN. OMB’s estimate of the amount of discre- I do not expect to ever get to a time Mr. LIPINSKI in two instances. tionary new budget authority and outlays when I stop struggling with either my Mr. TORRES. for the current year (if any) and the budget faith or my politics. Christ said, as Mr. TOWNS in five instances. year provided by Public Law 104–37, pursuant Christians, we are to be in the world, Mr. COLEMAN. to Public Law 101–508, section 13101(a) (104 but not of the world. Some days I think Mr. LEVIN. Stat. 1388–578); to the Committee on Govern- that I understand that distinction very (The following Members (at the re- ment Reform and Oversight. 1584. A letter from the Director, Office of quest of Mr. SCARBOROUGH) and to in- clearly and other days, I am not so Management and Budget, transmitting the sure. clude extraneous matter:) Director’s views regarding the ‘‘Department f Mr. SOLOMON in two instances. of Commerce Dismantling Act’’; to the Com- Ms. MOLINARI in two instances. mittee on Government Reform and Over- LEAVE OF ABSENCE Mr. COMBEST. sight. By unanimous consent, leave of ab- Mr. FRANKS of New Jersey. 1585. A letter from the Chairman, U.S. sence was granted to: Mr. PACKARD. International Trade Commission, transmit- Mr. BISHOP (at the request of Mr. Mr. LINDER. ting a copy of the 83d quarterly report on GEPHARDT) for Monday, October 30, on Mr. SMITH of New Jersey. trade between the United States and China, the successor states to the former Soviet account of official business in the dis- Mr. COOLEY. Union and other title IV countries during trict. Mr. HANSEN. April-July 1995, pursuant to 19 U.S.C. 2440; to Ms. HARMAN (at the request of Mr. Mr. QUINN. the Committee on Ways and Means. GEPHARDT) for today after 3 p.m. for Mr. GILMAN. 1586. A letter from the Secretary of Health the balance of the day, on account of a Mr. PORTER. and Human Services, transmitting the Sec- family obligation. Mr. MARTINI. retary’s views regarding H.R. 4, the ‘‘Per- f (The following Members (at the re- sonal Responsibility Act’’; jointly, to the quest of (Mr. POSHARD) and to include Committees on Ways and Means, Banking SPECIAL ORDERS GRANTED extraneous matter:) and Financial Services, Economic and Edu- cational Opportunities, the Budget, Rules, By unanimous consent, permission to Mr. CUNNINGHAM. Commerce, the Judiciary, and Agriculture. address the House, following the legis- Mr. PETERSON of Florida. lative program and any special orders Mr. JACOBS. f heretofore entered, was granted to: Mr. GILLMOR in two instances. REPORTS OF COMMITTEES ON (The following Members (at the re- Mr. PASTOR in two instances. PUBLIC BILLS AND RESOLUTIONS quest of Mr. PALLONE) to revise and ex- Mr. FRANKS of New Jersey. tend their remarks and include extra- Mr. RAHALL. Under clause 2 of rule XIII, reports of neous material:) Mr. CLEMENT. committees were delivered to the Clerk H 11686 CONGRESSIONAL RECORD — HOUSE November 1, 1995 for printing and reference to the proper Florida, Mr. SOUDER, Mr. MCINTOSH, H.R. 266: Mr. GENE GREEN of Texas. calendar, as follows: Mr. BALLENGER, and Mr. GRAHAM): H.R. 325: Mr. LOBIONDO. H.R. 2570. A bill to amend the Older Ameri- H.R. 528: Mr. CANADY, Mr. GALLEGLY, Mr. Mr. SHUSTER: Committee on Transpor- cans Act of 1965 to authorize appropriations CLYBURN, Mr. EMERSON, and Mr. MINGE. tation and Infrastructure. H.R. 2149. A bill to for fiscal years 1997, 1998, 1999, 2000, and 2001, H.R. 573: Mr. DEFAZIO. reduce regulation, promote efficiencies, and and for other purposes; to the Committee on encourage competition in the international H.R. 822: Mr. BARTON of Texas, Mr. PETE Economic and Educational Opportunities. ocean transportation system of the United GEREN of Texas, and Mr. HASTERT. By Mr. PETERSON of Florida (for him- States, to eliminate the Federal Maritime H.R. 852: Mrs. SCHROEDER and Mr. self, Mrs. MEEK of Florida, Mr. DEL- Commission, and for other purposes (Rept. COSTELLO. LUMS, Mr. JOHNSTON of Florida, and 104–303). Referred to the Committee of the H.R. 1024: Mr. FRANKS of New Jersey. Mr. JEFFERSON): Whole House on the State of the Union. H.R. 1127: Mr. BLUTE and Mrs. LINCOLN. H.R. 2571. A bill to establish a program to Ms. PRYCE: Committee on Rules. House H.R. 1202: Mr. BALLENGER, Mr. PETRI, Mr. provide Federal payment to States for the Resolution 253. Resolution waiving points of FOGLIETTA, and Mr. CASTLE. operation of programs for long-term care order against the further conference report H.R. 1309: Mrs. SMITH of Washington, Mr. services for needy individuals with disabil- to accompany the bill (H.R. 1977) making ap- PASTOR, Miss COLLINS of Michigan, Ms. ities, to amend the Internal Revenue Code of propriations for the Department of the Inte- PELOSI, and Mr. YATES. 1986 to revise the tax treatment of expenses rior and related agencies for the fiscal year H.R. 1406: Mr. BROWDER and Mr. HOKE. for long-term care insurance and services, to ending September 30, 1996, and for other pur- H.R. 1416: Mr. ABERCROMBIE, Mr. DEFAZIO, reform standards for the long-term care in- poses (Rept. 104–304). Referred to the House Mr. LEWIS of Georgia, and Mr. WYDEN. surance market, and for other purposes; to Calendar. H.R. 1484: Mr. DIAZ-BALART and Mr. DUR- the Committee on Ways and Means, and in BIN. f addition to the Committees on Commerce, H.R. 1488: Mr. HAYWORTH and Mr. CLINGER. and Economic and Educational Opportuni- SUBSEQUENT ACTION ON RE- H.R. 1540: Mr. SPENCE and Mr. MINGE. ties, for a period to be subsequently deter- H.R. 1687: Mr. HALL of Ohio, Mr. UPTON, PORTED BILL SEQUENTIALLY mined by the Speaker, in each case for con- Mr. MCHALE, Mr. SANFORD, and Mr. CASTLE. REFERRED sideration of such provisions as fall within H.R. 1856: Mr. HYDE, Mr. WICKER, Mr. Pursuant to clause 5 of rule X the fol- the jurisdiction of the committee concerned. DOOLEY, and Mr. GUNDERSON. By Mr. RAHALL (for himself, Mr. BOU- lowing action was taken by the Speak- H.R. 1920: Mr. TORKILDSEN and Mr. BISHOP. CHER, Miss COLLINS of Michigan, Mr. er: H.R. 2029: Mr. SPRATT. EVANS, Mr. FILNER, Mr. KLINK, Ms. H.R. 2039: Mrs. KENNELLY, Mr. CRAPO, Mr. H.R. 1816. Referral to the Committee on LOFGREN, Ms. NORTON, and Mr. FOX, Mr. RADANOVICH, Mr. BARTLETT of Commerce extended for a period ending not STUPAK): Maryland, Mrs. CHENOWETH, Ms. DANNER, and later than November 2, 1995. H.R. 2572. A bill to reinstate the emergency Mr. BARRETT of Wisconsin. f unemployment compensation program; to H.R. 2098: Mr. BLUTE, Mr. FOX, and Mr. the Committee on Ways and Means, and in HASTERT. PUBLIC BILLS AND RESOLUTIONS addition to the Committees on Transpor- H.R. 2101: Ms. PELOSI, Mr. BROWN of Cali- tation and Infrastructure, and the Budget, fornia, Mr. FARR, Ms. NORTON, Mr. BERMAN, Under clause 5 of rule X and clause 4 for a period to be subsequently determined of rule XXII, public bills and resolu- Mr. FOGLIETTA, Mr. WYDEN, Mr. KENNEDY of by the Speaker, in each case for consider- Massachusetts, Mr. LIPINSKI, Mr. BARRETT of tions were introduced and severally re- ation of such provisions of fall within the ju- Wisconsin, and Mr. TORRICELLI. ferred as follows: risdiction of the committee concerned. H.R. 2200: Mr. LINDER, Mr. BONO, Mr. By Mr. CONDIT (for himself and Mr. By Mr. REGULA: QUINN, Mr. THOMAS, Mr. KLUG, Mr. CAL- MATSUI): H.R. 2573. A bill to amend the Federal Elec- LAHAN, Mr. BROWDER, and Mr. FAWELL. H.R. 2567. A bill to amend the Federal tion Campaign Act of 1971 to eliminate PAC H.R. 2276: Mr. BLUTE. Water Pollution Control Act relating to contributions to individual House of Rep- H.R. 2286: Mrs. SEASTRAND, Mr. COMBEST, standards for constructed water convey- resentatives candidates, to provide a tax Mr. CALVERT, Mr. RIGGS, and Mr. HASTINGS ances; to the Committee on Transportation credit and tax deduction for contributions to of Washington. and Infrastructure. such candidates, to provide for voluntary ex- H.R. 2309: Mr. ROHRABACHER and Mr. CAL- By Mr. COOLEY (for himself, Mrs. penditure limitations in House of Represent- VERT. CHENOWETH, and Mr. NETHERCUTT): atives elections, and for other purposes; to H.R. 2422: Mr. JEFFERSON. H.R. 2568. A bill to require adopting of a the Committee on House Oversight, and in H.R. 2434: Miss COLLINS of Michigan, Mr. management plan for the Hells Canyon Na- addition to the Committees on Ways and FIELDS of Texas, Mr. CRAPO, and Mr. PAYNE tional Recreation Area that allows appro- Means, and Commerce, for a period to be sub- of Virginia. priate use of motorized and nonmotorized sequently determined by the Speaker, in H.R. 2507: Mr. BARR and Mr. SOLOMON. river craft in the recreation area, and for each case for consideration of such provi- H.R. 2508: Mr. FUNDERBURK, Mr. FRAZER, other purposes; to the Committee on Re- sions as fall within the jurisdiction of the Mr. HINCHEY, Mr. BARTON of Texas, and Mr. sources. committee concerned. DEUTSCH. By Mr. HASTINGS of Washington: By Mr. WYNN: H.R. 2519: Mr. BARTON of Texas, Mr. BENT- H.R. 2569. A bill to require the Secretary of H.R. 2574. A bill to amend the provisions of SEN, and Mr. LEWIS of Georgia. Energy to immediately begin returning the title 5, United States Code, that provide for H.R. 2525: Mr. HUTCHINSON. Fast Flux Test Facility to operational sta- a 2-percent reduction in retirement benefits H.R. 2529: Mr. TRAFICANT, Mrs. MEEK of tus, identify which missions will be given the for each year that the employee is under age Florida, Mr. MCDERMOTT, Mr. FRAZER, Mr. highest priority, and prepare the facility to 55 at the time of retiring; to the Committee FILNER, and Miss COLLINS of Michigan. carry out those missions; to the Committee on Government Reform and Oversight. H.R. 2531: Mr. HASTERT. on Science, and in addition to the Commit- f H.R. 2550: Mr. CANADY, Mr. SKEEN, Mr. tees on Commerce, and National Security, SCHAEFER, Mr. MICA, Mr. BARR, and Mr. for a period to be subsequently determined ADDITIONAL SPONSORS TRAFICANT. by the Speaker, in each case for consider- Under clause 4 of rule XXII, sponsors H. Con. Res. 26: Mr. OBERSTAR, Mr. LEVIN, ation of such provisions as fall within the ju- Mr. GENE GREEN of Texas, Mr. HORN, and Mr. risdiction of the committee concerned. were added to public bills and resolu- PETE GEREN of Texas. By Mr. CUNNINGHAM (for himself, Mr. tions as follows: H. Con. Res. 51: Mr. SOLOMON, Mr. FRANKS GOODLING, Mr. GUNDERSON, Mr. CAS- H.R. 206: Mr. BARCIA of Michigan and Mr. of New Jersey, and Mrs. LOWEY. TLE, Mr. SAM JOHNSON, Mr. GREEN- LAUGHLIN. H. Con. Res. 63: Mr. GILMAN. WOOD, Mr. RIGGS, Mr. WELDON of H.R. 262: Mr. HORN. H. Con. Res. 73: Mr. FOLEY. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, NOVEMBER 1, 1995 No. 171 Senate

The Senate met at 9:30 a.m., and was it is the leader’s intention to turn to verage in the coming budget battles. called to order by the President pro the House message to accompany the Unfortunately, these comments, once tempore [Mr. THURMOND]. budget reconciliation bill to appoint dismissed as political posturing, now conferees on the part of the Senate. could be prophetic. PRAYER Several motions may be made with re- Mr. President, Secretary Rubin’s The Chaplain, Dr. Lloyd John spect to appointing conferees, and warnings ought to be heeded. Political Ogilvie, offered the following prayer: therefore rollcall votes can be expected considerations should not dictate con- Allow the Psalmist to tune your on those motions. gressional action on the debt ceiling. heart to make this a day of praise. Mr. President, I suggest the absence The debt limit is serious economic Bless the Lord, O my soul; and all that of a quorum. business. It should not be a part of the is within me, bless his holy name. The PRESIDENT pro tempore. The budget debate. The reputation of this Bless the Lord, O my soul, and forget clerk will call the roll. Nation throughout the world would be not all his benefits.—Psalm 103:1–2. The assistant legislative clerk pro- irrevocably damaged if the full faith Let us pray: ceeded to call the roll. and credit of the U.S. Government be- Almighty God, Sovereign of this Na- Mr. DASCHLE. Mr. President, I ask comes shaky and suspect. unanimous consent that the order for tion, we praise You for Your amazing Because this is such a serious matter, the quorum call be rescinded. grace. Your unlimited love casts out I was disappointed to read in yester- The PRESIDING OFFICER (Mr. fear, Your unqualified forgiveness day’s papers the characterization by KYL). Without objection, it is so or- heals our memories, Your undeserved the majority leader that Secretary faithfulness gives us courage, Your un- dered. Mr. DASCHLE. I wish the Presiding Rubin’s credibility and integrity are failing guidance gives us clear direc- Officer a good morning. somehow in question in this debate. tion, Your presence banishes our anxi- Nothing could be further from the eties. You know our needs before we f truth. ask You, and Your spirit gives us the INCREASING THE DEBT LIMIT Secretary Rubin is engaged in a criti- boldness to ask for what You are ready Mr. DASCHLE. Mr. President, yester- cal effort to discharge his responsibil- to give. You give us discernment of the ities to the taxpayers by preventing needs of others so that we can be serv- day, Treasury Secretary Robert Rubin sent a letter to the congressional lead- the U.S. Government from defaulting ant leaders. Your love for us frees us to on its debt obligations for the first love, forgive, uplift, and encourage peo- ership warning that a refusal to pass an increase in the debt limit by November time in more than 200 years. ple around us. We commit this day to Moreover, Secretary Rubin has made be one in which we are initiative com- 6 would force the Treasury Department to take extraordinary actions in the repeated efforts to meet with the Re- municators of Your grace. We open publican leadership and to make other ourselves to Your holy spirit. Gracious coming days, actions for which the American taxpayers would foot the senior Treasury officials available to God, we are ready for a great day filled answer questions and clarify disputed with Your grace. In the name of the bill. The Secretary indicated that these numbers. Mighty Mediator. Amen. moves might include not fully invest- No one has credibly disputed what f ing the Federal Employees Retirement the Treasury has said. It seems to me clear that these attacks on Secretary RECOGNITION OF THE ACTING System, the Government Securities In- Rubin represent a classic case of shoot- MAJORITY LEADER vestment Fund, the G fund, calling back Treasury cash balances held in ing the messenger. The PRESIDENT pro tempore. The our depository banks, and suspending Meanwhile, there seems to be an on- distinguished acting majority leader is the issuance of savings bonds. going effort on the other side of the recognized. These defensive actions, regrettably, aisle to distract the public from the f may become necessary under the cir- real issue in the debt limit debate— cumstances. namely, that a default will cause tax- SCHEDULE Some weeks ago, the Speaker of the payers to pay for generations to come Mr. KYL. Mr. President, on behalf of House suggested that congressional Re- in higher interest rates on the trillions the leader, leader time is reserved. publicans might find it acceptable for of dollars in public debt which this Na- There will be a period for morning the U.S. Government to default on its tion must finance in national and business until 12 noon today. At noon, obligations if it proves to be useful le- international capital markets.

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

S 16449 S 16450 CONGRESSIONAL RECORD — SENATE November 1, 1995 It is my understanding that a meet- Also, should Congress fail to act, Treasury The PRESIDING OFFICER. That is ing between President Clinton and Re- may be forced to suspend the issuance of the Senator’s right. publican leaders has been scheduled Savings Bonds—an action that would not Mrs. FEINSTEIN. I thank the Chair today to discuss this very matter. I only require us to send notices to the 80,000 very much. issuing agents, but also would disrupt mil- certainly hope that this can be the lions of Americans’ use of a safe and conven- f first step in an effort to resolve the dis- ient investment for their savings. pute over the debt limit outside the po- While these actions can provide some very OBSTRUCTION OF FOREIGN litical context in which we will debate limited relief, at the cost of creating signifi- RELATIONS COMMITTEE BUSINESS our very real differences over the budg- cant dislocations and anxieties, it should be Mrs. FEINSTEIN. Mr. President, I et. clearly understood that they will not be suf- ficient to substitute fully for the funding wish to elaborate on some remarks I I ask unanimous consent that a copy made yesterday about the objection of Secretary Rubin’s letter to the that we would ordinarily raise through the regular mid-November refinancings and that pending against the short-term exten- Speaker be printed in the RECORD. should be announced tomorrow. Stated an- sion of the Middle East Peace Facilita- There being no objection, the letter other way, these temporary actions will not tion Act. was ordered to be printed in the satisfy the continuing need for cash to fund Yesterday, the distinguished major- RECORD, as follows: the obligations and operations of the Gov- ity leader came to the Senate floor and DEPARTMENT OF THE TREASURY, ernment after November 14. Absent extraor- said that although he would like to Washington, DC, October 31, 1995. dinary steps, Congress must increase the debt limit obligations maturing November 15 pass the extension, it is being blocked Hon. NEWT GINGRICH, by the chairman of the Foreign Rela- Speaker of the House, House of Representatives, and 16. Washington, DC. Finally, you should know that there are tions Committee. The majority leader DEAR MR. SPEAKER: In anticipation of our various other measures Treasury has been went on to say that the Senator from meeting tomorrow I want to provide infor- reviewing to avoid default should Congress North Carolina is within his rights to mation that you should have as background not increase the debt limit by November 15, block this legislation, and indeed he is for your consideration of our request for a including actions involving the Civil Service because every Senator has that right. prompt increase in the debt limit. Retirement Fund, but all such measures I want this morning to ask the dis- First, I have set forth in an appendix both present uncertainties involving serious legal and practical issues and have significant tinguished chairman of the Foreign Re- our current projections and a history of our lations Committee to consider chang- projections over the past several months. costs and other adverse consequences. Second, I want to make clear that if Con- Furthermore, the U.S. government’s need ing his mind about holding up the Mid- gress fails to act by Wednesday, November 1, for financing will not end on November 15 dle East Peace Facilitation Act. it will disrupt our normal auction process and 16. The financing calendar we distributed I spoke yesterday and indicated that and could force Treasury to take additional last week, and discussed in detail with your in July a group of Members of this actions that involve the interests of federal staff yesterday, showed four auctions in the body joined together, Republican and retirees, commercial banks, and purchasers last two weeks of November, and additional Democrat, in cosponsoring a bill which cash management bills may be needed. Suc- of savings bonds. would extend the Middle East Peace As you know from my letter of October 24, cessful completion of those auctions is criti- and as we discussed in detail with your staff cal to raising cash to make vital benefit pay- Facilitation Act for 18 months, and vir- yesterday, the Treasury Department’s nor- ments on December 1 and during the week of tually every Member joined in express- mal quarterly refunding auctions are sched- December 4. As we have mentioned before, ing support for that course. uled to be announced tomorrow, November 1. the months of October, November and the Here we are in November, and the act The auctions themselves are scheduled to be first half of December traditionally have has been suspended as of last night, held during the week of November 6, and set- very large seasonal cash deficits due to the which means that economic aid to the tlement is scheduled for November 15 and 16. absence of any large tax payment dates. You and other members of the leadership Palestinians committed to by this Na- There may well be significant costs of dis- tion has stopped. The PLO office in rupting our usual Treasury auction schedule. have raised the prospect that Congress might If there has been no increase in the debt enact a temporary debt limit increase, and Washington will be forced to close its limit by tomorrow morning, our announce- we have expressed our total availability to doors. And as my colleagues know, this ment must put prospective bidders on notice work toward that end. Last Friday, at the is because of an unrelated issue that is that the auctions might have to be delayed President’s direction, I proposed that the going on. That unrelated issue is the or even cancelled. After such a contingent debt limit be increased by $85 billion, to dispute over the State Department au- announcement, ‘‘when issued’’ trading in the $4.985 trillion. I would hope to discuss this thorization bill. proposal, and any other approaches you securities to be auctioned cannot occur. Negotiations have been ongoing on Dealers may be less able to pre-market secu- might have, at our meeting tomorrow. that bill between Senator KERRY and rities, and their risk of participation in the Sincerely, auction may thus be increased, raising the ROBERT E. RUBIN, Senator HELMS. It is my understanding costs of the borrowing. Secretary of the Treasury. that at present they are stalemated, Should Congress fail to take action to f but because of failure to reach an raise the debt ceiling by November 6, we will agreement, the Foreign Relations Com- be required once again to depart from our MORNING BUSINESS mittee has been virtually shut down. I best financial management practices by can- The PRESIDING OFFICER. The think this is wrong in the interest of celing the scheduled auctions, and may be Chair announces that under the pre- U.S. foreign policy and of the Senate forced to take further steps to ensure that weighing in on these issues. outstanding debt remains within the limit vious order the time from 9:30 until and that we have cash available to pay the 10:30 shall be under the control of the We have been unable to take up any Government’s obligations. Democratic leader or his designee, and ambassadorial nominations in business As I have indicated in my previous letters, under the previous order the time from meetings for a period of weeks, to re- there are a limited number of actions we 10:30 until 12 noon shall be under the port them out to the full Senate for may be forced to take many of which have control of the majority leader or his confirmation. At the present time, legal and practical implications. One such designee. there are at least 18 ambassadorial example would include Treasury’s action to Mr. DASCHLE. Mr. President, I sug- nominees waiting to have their nomi- stop reinvesting the so-called G-Fund (the nations considered by the committee. Federal Employees Retirement System’s gest the absence of a quorum. Government Securities Investment Fund). The PRESIDING OFFICER. The They include nominees to serve in Securities held in the G-Fund mature and clerk will call the roll. some of the most important countries are reinvested on a daily basis, and the gov- The assistant legislative clerk pro- in the world. erning law provides for an automatic res- ceeded to call the roll. The nominee for China has had a toration of any lost interest when reinvest- Mrs. FEINSTEIN. Mr. President, I hearing, but is pending action in the ment resumes. Because of the inherent vola- ask unanimous consent that the order committee; the same is true for the tility of financing flows, such action may be for the quorum call be rescinded. nominees for Pakistan and Indonesia. required even prior to the week of November The PRESIDING OFFICER. Without These include Jim Sasser, Tom Simons 6th. Furthermore, it will be necessary to call back Treasury cash balances held in our de- objection, it is so ordered. and Stapleton Roy. Nominees for other positary banks. This action will inconven- Mrs. FEINSTEIN. Mr. President, I countries are waiting. South Africa: ience those commercial banks with whom ask that I be recognized to speak in James Joseph is waiting. Sri Lanka: the Federal Government does business. morning business. Peter Burleigh is waiting. Thailand: November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16451 William Itoh is waiting. Cambodia: II Treaty both in this Congress and So at this time I would like, respect- Kenneth Quinn is waiting. Malaysia: during the 103d Congress. We have fully, and with a great deal of friend- John Malott is waiting. Oman: Frances heard from the administration, from ship, to call upon the chairman of the Cook is waiting. Lebanon: Richard military officers and from outside ex- committee to withdraw his objection Jones is waiting. The Cameroons: Carl perts, virtually all urging that we rat- to consideration of a short-term exten- Twining is waiting. The Marshall Is- ify this treaty. sion of the Middle East Peace Facilita- lands: Joan Plaisted is waiting. Fiji: I know of no significant opposition to tion Act, to allow the committee to Don Gevirtz is waiting. the ratification of the START II Trea- take action on START II and the Also on hold are nominations for spe- ty. Nevertheless, the committee is un- Chemical Weapons Convention, to re- cial adviser on the New Independent able to begin consideration of it. This port out the 18 ambassadorial nomina- States, James Collins, and United is wrong. tions and 273 Foreign Service pro- States coordinator for Asia Pacific The same is true of the Chemical motions, and to continue negotiating Economic Cooperation, Sandra Weapons Convention. Let me tell you toward an agreement on the State De- Kristoff. what the Chemical Weapons Conven- partment authorization bill. tion does. The convention, also signed In addition, 273 Foreign Service offi- I thank the Chair. I yield the floor. by the Bush administration, will ban cers who have been nominated for Mr. DORGAN addressed the Chair. standard promotions are on hold. So we an entire class of weapons of mass de- The PRESIDING OFFICER. The Sen- have 273 Foreign Service officers on struction. It will make it harder and ator from North Dakota. hold. We have 18 ambassadorial ap- more costly for proliferators and ter- pointments on hold, at least 5 of them rorists to acquire chemical weapons. It f considered to be critical, like those for will create an intrusive monitoring re- Pakistan or China. gime that will make it very difficult BUDGET RECONCILIATION for signatories to conceal violations of Now, when we do not have an Ambas- Mr. DORGAN. Mr. President, I yield sador in the country, U.S. interests do the convention. The Chemical Weapons Convention myself such time as I may consume on not receive the attention that they de- the hour that has been allocated to the serve. In some countries, this is more has been signed by 159 countries and ratified by 38 to date, yet the U.S. Sen- minority leader. critical than others. Probably the most Mr. President, today the Senate will critical at this time is China. And Sen- ate has still not had the opportunity to consider the treaty. The Foreign Rela- select conferees to go to conference on ator Sasser, who could have been in tions Committee has had hearings on the reconciliation bill. Conferees from New York this past week to participate the convention, and it can be consid- the Senate and conferees from the in the summit between President Clin- ered at any time. But, once again, the House will meet and debate and try to ton and President Jiang Zemin of committee has been prevented from reach an agreement on what kind of a China—could have been—was not. carrying out its duty. reconciliation bill will be passed from I think the American people deserve Should this happen? As I said earlier, the Congress to the President. to have their interests represented it is any Member’s right to stop a piece This all does not mean very much to abroad. So by failing to confirm Am- of legislation, but when you have hun- the American people, the words ‘‘rec- bassadors, the Senate is not doing its dreds of Foreign Service officers, 18 onciliation,’’ ‘‘conferences.’’ What job to help protect U.S. interests Ambassadors, and two treaties held means something to the American peo- abroad. Not only do our interests suf- hostage to a piece of legislation that is ple will be what effect will it have on fer, but I think the lives of a number of not related, one has to begin to con- their lives, what effect will it have on hard-working and dedicated Americans sider what effects this has. their health care system, on Medicare, are put on hold. These are people who, Mr. President, one of the things that Medicaid, the ability to send their often at considerable personal risk, I learned in my brief stay here is that child to college, on young 3-, 4-, 5-year- serve the American people with pride what goes around, comes around, and old kids who are in Head Start—what and distinction overseas. that it does not make good, logical, effect will this have on all of those peo- Last night I had a phone call from long-term sense to engage in holds ple. That is what means something to one of them. He said, ‘‘Can you just tell when this can easily be replicated at the American people. me when I might be confirmed?’’ And I another time but in the same place by had to say, ‘‘No, I’m sorry. I can’t tell The debate that people have heard the opposition party. coming from this Chamber is a debate you.’’ This committee, the Foreign Rela- not about one side of the aisle that Earlier, I had another call from a tions Committee, has been through wants to be obstructionist and the nominee who had his house on the mar- some of the most painful and hotly other side that wants to do something ket and had received an offer on the contested foreign policy issues of our wrong, it is about people who have dif- home. Does he sell it or does he not sell time: the Vietnam war, aid to Central ferent views of what the priorities it? ‘‘Sorry. I can’t help there.’’ American rebels and sanctions against Mr. President, this is no way to run South Africa. But never during all that ought to be. a railroad, let alone the Government of time, to the best of my knowledge, has One thing that is certain about this the most powerful country in the the committee been shut down and Senate meeting this year is that 100 world. ceased to function. Now, on the basis of years from now, all the Members of There are also two extremely impor- a dispute about the bureaucratic reor- this Senate will be dead and the only tant arms control treaties that are ganization of our foreign policy insti- record we will have left that historians awaiting Foreign Relations Committee tutions, the conduct of the U.S. foreign can evaluate from our service is to action: The START II Treaty and the policy is being put on hold. evaluate what we spent the public’s Chemical Weapons Convention. I believe this is wrong. I believe it is money on and, therefore, what we felt Let me mention what Start II does. irresponsible. I believe it is a derelic- was valuable and important and would The START II Treaty, signed by the tion of our duties as U.S. Senators. advance the interests of this country. Bush administration and not yet rati- There simply is no justification for People can tell something about our fied by this Congress, is the farthest curtailing the entire role of the Senate value system by looking at the Federal reaching arms reduction treaty ever Foreign Relations Committee in the budget. On what did we elect to spend signed in the history of this Nation. It conduct of U.S. foreign policy over one the public’s money? How did we invest will require the United States and Rus- single reorganizational issue. it? How did we spend it? That is what sia to eliminate literally thousands of Pursuant to the unanimous consent historians will be able to use to view intercontinental ballistic missiles, in- agreement of September 29, Senator what we felt was important. cluding those which carry multiple HELMS and Senator KERRY have been The priority in this reconciliation warheads. The treaty would also elimi- engaging in serious negotiations to try bill by the Republican Party is to say, nate missile silos and testing and to reach an agreement. Their staffs ‘‘Let’s have a tax cut.’’ I thought the training launchers. have met repeatedly over the last priority when we started this year was The Foreign Relations Committee month. I am hopeful that progress can one that said, ‘‘Let’s balance the budg- held extensive hearings on the START be made. et.’’ In fact, we had people on the floor S 16452 CONGRESSIONAL RECORD — SENATE November 1, 1995 of the Senate saying we must change unemployment, not less. You will have 360. The Defense Department did not the U.S. Constitution to require us to less opportunity, not more, for people ask for these, but they were put back balance the budget. Of course, the whom we want to put back on the pay- in the budget and they said we should budget can be balanced without chang- rolls. And at the same time we say we buy 14 of these helicopters, $140 mil- ing the Constitution. just cannot afford the kind of money lion. And then we are told we have to We have people in this Chamber who that is necessary to get people ready to cut $137 million for these crucial serv- call themselves conservatives who view go back into a job, we say, By the way, ices on Indian reservations and that the Constitution as merely a rough let’s gear up for a star wars program. It deal with kids, mostly Indian chil- draft, something they can improve will cost about $48 billion. That has not dren—education, health, and a whole upon every single day. Although I do been asked for by the Defense Depart- range of other services for young chil- not see many Madisons, Masons, Jeffer- ment either. There is no demonstration dren who want a chance and want a sons, Franklins, or Washingtons that we need this program, but we are start. around to contribute to change this told, ‘‘Let’s stick $375 million in it this Somebody is going to look at all this Constitution, we have had well over 100 year and demand it be deployed in and say, That is a bunch of pointy- proposals since the first of January in 1999,’’ including a space-based compo- headed liberalism. It is not about lib- this year to change the U.S. Constitu- nent of a star wars program because we eralism, it is about making choices. We tion. can afford that. Again, the Secretary of are told what we are going to spend in The priority at the start of the year Defense and the armed services have this Chamber. The question is what do was we must eliminate the Federal not asked for it, but we can afford that, we spend it on? Do you buy an amphib- budget deficit. In fact, we must ensure we are told. ious assault ship that was not asked that happens by changing the U.S. Con- Mr. President, $1.4 billion invested in for? Or do you cut back, as a result of stitution. And then the act by which kids and that goes to helping kids get that, on veterans’ health benefits? Do that happens, the budget and the rec- to college, financial aid to help middle- you decide to kick kids off Head Start onciliation bill, comes to the floor of income families send their kids to col- and build B–2 bombers that nobody the Senate, and we discover that the lege, so we say we are going to make it asked for? That is the priority in this priority is different than that. The pri- more expensive for middle-income fam- reconciliation bill. That is what is ority is a tax cut, a substantial part of ilies to send their kids to school. wrong with it. which will go to the wealthiest Ameri- But we say when confronted with the I want to read a list, just so that peo- cans. question, shall we build an amphibious ple can be disabused of who the big The priority is to add money to the assault ship this year, the answer in spenders are. We are told the big spend- defense bill that the President and the this Congress was—some said no, we ers are the Democrats, the folks who Secretary of Defense and the chiefs of should not build one. Others said we always want to spend money. This is a the branches of the services said they should build two of them. Do you know list of what is added to the defense bill, did not want. Those are the priorities, what the answer was in this Congress? mostly by folks on that side of the and that is what this debate is about. ‘‘Let’s build both. Let’s build one for aisle—things that were not asked for, Let me just put up a couple of charts $900 million and one for $1.3 billion, be- requested, needed, or ordered by the to describe some of the elements of this cause we’re loaded, we’ve got all the Defense Department. I will read the debate. money in the world when it comes to list: 60 Blackhawk helicopters; The Head Start Program. We know this. There is no sense being frugal Longbow helicopters; Kiowa Warrior the Head Start Program works. Any- here. Let’s spend money like it is Sat- helicopters; M109A6 howitzer modifica- body that has ever toured a Head Start urday night and the town’s opened up tions; Ml tank upgrades; heavy tactical center, and I have toured plenty, and for us and we have the parent’s check- vehicles, trucks that were not re- sat on the little chairs and had lunch book here.’’ We can buy all this, de- quested; AV–8B fighter aircraft; B–2 with 3-, 4-, 5-year-olds and watched spite the fact no one asked for it, no bombers; F/A–18C/D fighter aircraft; C– them do their art projects, watched one requested it. 135 cargo aircraft modifications; Co- them learn about health, watched them And there is more. Mr. President, manche helicopters’ R&D; ship self-de- begin to get a head start, because they $989 million from veterans’ health care, fense R&D; national missile defense, or come from homes of disadvantage and 1 million fewer outpatient visits, 46,000 star wars; T–39N trainer aircraft; EA–6 often poverty, watch them feel that fewer hospitalizations because we have strike aircraft modifications; LPD–17 this contributes to their lives and hav- to cut there, we are told. This is the amphibious ship; F–16’s, F–15’s; WC–130 ing us know it does, we understand this second amphibious assault ship. We can cargo aircraft; LHD amphibious assault program works. order that. In fact, we can buy both of ship. The priority now is to say, ‘‘We’re them, a billion dollars, an amphibious None of these things was asked for, sorry, we can’t afford the Head Start assault ship that was not ordered and a and all of them were ordered by this Program the way it is,’’ so roughly cutback on a promise made to veterans Congress—$5.2 billion to spend money 55,000 kids will be dropped from the before they went to fight for this coun- on things we do not need, money we do program, and every single one of those try’s freedom. not have on things we do not need. This kids has a name and has a hope and Low-income home energy assistance. by conservatives, by people who call gets some advantage from this pro- That does not sound like much, but others big spenders? gram. But we are told we cannot afford that is what keeps people warm in the Well, this is all about priorities. It is that. Instead, we are told, Let’s pump winter. Poor people who have no about health care. It is about edu- nearly half a billion dollars into lead money, often poor elderly people with cation. It is about agriculture. It is production for 20 more B–2 bombers no money who live in the frigid cli- about the Head Start Program. We are that will cost us $31 billion, B–2 bomb- mates of this country rely on this to going to have some votes today in the ers, incidentally, that the Secretary of keep their homes heated. We cannot af- Senate on instructing conferees be- Defense has not asked for; B–2 bombers ford that, but let us buy six more F– cause the conferees will be appointed that the Department of Defense has 15’s, despite the fact the Secretaries of now to discuss the differences between not requested. Defense and Air Force have not asked the House bill and the Senate bill. It is So we say Head Start does not quite for them. We now have 1,103. Let us between the far right and the extreme matter as much; B–2 bombers, let us stick that in. That is $311 million. It is right. That is where the modification build them, even though those who more important to buy jet fighters no- will be made. This will be a com- would fly them and use them have not body asked for than it is to help old promise between the far right and ex- asked for them. people and poor people keep warm in treme right, and it will be sent to the Job training for displaced workers. the winter. President, and this will be vetoed, and These are people who have lost jobs but There is a $137 million cut for critical then we will get some serious negotia- want to find jobs and get new skills to accounts dealing with Indian problems tions, I expect. do it, half a billion dollars cut from on reservations; $140 million spent for One vote we will have today is prior- that, which means you will have more 14 Warrior helicopters. We now have ities with respect to Medicare. The November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16453 Medicare Program, I think, is an im- money than they were 20 years ago. to find a mechanism by which this eco- portant program. We, on the Demo- Not the top 1 percent, or 5 percent; nomic system works for everybody cratic side of the aisle, understand full they have had an astronomical in- once again. well that the budget must be balanced. crease in income. They have benefited We have seen statistics about Ameri- We understand that the credibility of substantially from this income system ca’s economic health. Every month, we Government is in serious question. We of ours. are told the statistics on consumption understand that, and we need to do the While I think working families de- describe that our economy is moving things that solve problems for this serve a tax cut, I think we ought not to right along. Boy, if you take a look at country and for the American people. provide a tax cut at the moment. I consumption, consumption is up; there- But we also understand there are think we ought to balance the budget fore, America is doing better. It seems some things we have done in this coun- first. Then I think working families de- to me that a measure of economic try that have been good, which ad- serve a tax cut. I see no compelling na- health in our country is not whether or vanced this country’s interest. Medi- tional need to cut benefits for the old- not we are consuming more or less, it care is one of them. est and poorest citizens so we can pro- is whether we are producing. Consump- It is interesting to me that 97 percent vide a tax cut for some of the richest tion, not production, is a barometer of of the Republicans voted against Medi- citizens in America. economic health. Production relates to care when initially proposed in the We are going to provide another op- wages. If you have good jobs in the pro- U.S. Senate. Now they are saying they portunity this afternoon to vote, and ductive sector, productive jobs, espe- are going to save Medicare. Generally, we will likely have a motion on in- cially manufacturing jobs that pay that would not be very believable, and structing conferees on something that good wages, that means you advance it is probably less believable now be- happened on the floor Friday that was the economic interests of everybody in cause Speaker GINGRICH last week said: just mindboggling. The last amend- this country. Now, we don’t get rid of it in round 1 be- ment passed by the Senate on rec- Take a look at what is happening to cause we don’t think that that’s politically onciliation was an amendment that wages in this country. We talk about smart and we don’t think that is the right deals with the Social Security issue. It GDP, which means nothing. Every way to go through a transition. But we be- takes an amount of money on the So- quarter they trot out GDP figures, lieve it is going to wither on the vine be- cial Security issue—about $12 billion— every month consumption figures, and cause we think people are voluntarily going that will be presumably saved by hav- to leave it. it seems to me they are using barom- ing a lower COLA, and uses that to eters that mean very little to the eco- That is what is at work here. Some fund a series of changes that was of- nomic circumstances of working fami- people say what they mean in an off- fered as a result of the Roth amend- lies. guarded moment, and that is what hap- ment. The GDP increases. The stock mar- pened here. In a speech to a Blue Cross/ Well, the $12 billion, it is clear, Blue Shield audience, the Speaker told ket goes up. Productivity is on the in- comes out of the savings in Social Se- crease. Corporate profits are up. Guess us what his impression of Medicare curity. By law, that cannot be used for was. what? American wages are down and other purposes in the unified budget. have been down. We are going to offer an amendment That is what the law requires. on the instructions to conferees that We raised a point of order, and Sen- Some information from MBG Infor- mation Services, October 31: Com- says, look, why do we not decide on ator GRAHAM inquired of the Chair this reconciliation issue. If you are whether the Social Security outlay re- pensation to all U.S. workers grew at going to have a tax cut, some of us ductions were used as offsets. The its slowest pace on record in July to think we ought to balance the budget Chair responded that it was ‘‘not in a September. If you take a look at the first and talk about tax cuts later. If position to answer that question.’’ Ev- bottom quadrant of workers, what you you are going to insist on a tax cut, erybody else in the Chamber was in a find is a circumstance where they are why do you not at least limit the tax position to answer that question. Any- earning less money now than they were cut? body who could read could answer that. some 20 years ago. We have offered proposals before. We But, from a parliamentary standpoint, There was a piece in the New Yorker can limit it to people whose incomes the Chair said he was ‘‘not in the posi- done by John Cassidy recently that was are under a quarter of a million dollars tion to answer that question.’’ very interesting and I think describes a year. At least limit it to that. And The Budget Committee chairman some of the problems in this country you can use the savings from that, stated, ‘‘I am satisfied with the ruling and some of the concerns that people about $50 billion over 7 years, to reduce of the Chair.’’ In other words, he was have. He talks about the average the cut in the Medicare Program, much satisfied that the Chair is not in a posi- American. He said if you were to line of which will hurt some of the lowest- tion to answer that question. The re- all Americans up in a row, put all income senior citizens in this country, sult was that the Roth amendment Americans in one row, from the who, as a result of this reconciliation took $12 billion from the Social Secu- wealthiest over here to the poorest bill, will pay more for Medicare and get rity accounts and brings it over so it over here, and then pick right in the less health care. funds the Roth amendment. That is middle and say, ‘‘You are Mr. and Mrs. We will offer that motion today to at what happened with that. We will like- Average, the middle person in America, least limit the tax cut, at least limit it ly have a motion to instruct this after- you are right in the middle, you are to working families. At least limit it so noon that will try to right that wrong. middle-income, middle America,’’ that we are not giving very big tax cuts to I want, just for a couple of moments, person in September 1979 was earning people making $1 million or $5 million to discuss in a broader context the is- $498 a week; in September 1995, when or $10 million a year, and use the sav- sues that I think most concerns the you adjust for inflation, that same per- ings from that to try to reduce the hit American people. A lot of folks, as I son was earning $475 a week. In 16 on the Medicare Program. said, do not spend day-to-day to under- years, that person has lost about $100 a Someone will say, ‘‘Well, why are stand reconciliation bills and budget month in real wages. you discriminating against somebody bills and conference committees. What Now, that is the middle of the line. who makes $5 million a year?’’ I am people in this country understand is We know that 60 percent of the Amer- not. God bless them. I think it is won- whether the system in America works ican families who sit down for supper derful. They have done very well in re- in their interest. Is this a tide that tonight and start talking about their cent years. Their increases in income lifts all boats, an economic system circumstance will understand they are have been astronomical. that helps everybody? Or is this an eco- working harder for less money than The upper 1 percent of the American nomic system where the rich get richer they did 20 years ago. income earners have had an enor- and the poor get poorer and there is a I talked about the middle of the line. mously beneficial period. Most Ameri- distribution of income that is not fair? After 16 years they have lost $100 a cans have not. Sixty percent of the The challenge and opportunity for all month in real wages. Now we will talk American families are now earning less of us, I think, that lies ahead, is to try about the upper side of the line, the top S 16454 CONGRESSIONAL RECORD — SENATE November 1, 1995 1 percent on that end of the people you around Washington, DC, saying if we lem relates to, I think, more endemic have lined up—the top 1 percent. would only pass a free-trade agreement economic problems in this country. We Between 1977 and 1989, the years we with Mexico, we would have 270,000 new have to, it seems to me, decide one of have numbers for, their average in- American jobs. these days as Democrats and Repub- comes rose from $323,000 to $576,000 per Well, we passed a free trade agree- licans, to address these questions. person. That is the top 1 percent. They ment with Mexico—not with my vote, I have said previously there are two went, in about a 12-year period, from but it was passed. We had a $2 billion major challenges that I think most $323,000 to $576,000, or a 78-percent in- trade surplus with Mexico at the time. Americans now confront in this coun- crease. It is the average working per- Two years later, our trade deficit this try. One is the economic challenge. son who finds himself $100 a month year with Mexico will be around $17 bil- That is the challenge to get America to worse off after 15 and 20 years, but the lion. We went from a $2 billion surplus grow again in which it provides oppor- top people at the top 1 percent find to a $17 billion deficit. tunities to all Americans—not just the themselves far better off with spec- What does that mean? It means jobs wealthiest, but to all Americans—so we tacular increases in income. are leaving this country. What are we are talking about an economic system This is at a time when corporate importing from Mexico that causes that rewards all who seek those re- profits are up, productivity is on the that deficit? The very thing that rep- wards and are willing to expend effort rise, the stock market reaches new resents the foundation for good jobs in for those rewards. gains, new highs, and wages keep fall- this country—automobiles, automobile Second is the issue of the diminution ing. parts, electronics. The very thing that of values in this country. That relates Is it any wonder that the average represents good jobs and good wages in to the coarseness we see on television American family is a little disaffected? our country are being exported out, that has been described by others re- The fact is, they find themselves work- transported out on a wholesale basis. cently, the violence on television that ing harder and getting less. One of the We have to construct a different eco- I have described recently, and a whole things I think is most interesting is we nomic system. It is not, in my judg- range of things. are talking a lot about the fiscal policy ment, in this country’s interest to Some of these problems, economic budget deficit, and we should. It ought allow multinational corporations to and values issues, can and should and to be balanced. We ought to deal with describe their economic interests as must be addressed here in the Con- that. We ought to solve that problem. consistent with the economic interests gress. It must be a product of debate in Do many Americans know that the of the American family. It is their eco- our country generally. Some of them merchandise trade deficit in this his- nomic interest to produce in Sri cannot be addressed by Congress, can- tory is higher this year than the fiscal Lanka, Bangladesh, Indonesia, and Ma- not be addressed by public-sector de- policy deficit? You cannot find more laysia and ship the product they bate in the House or the Senate, and than four people in the Senate that produce to Pittsburgh, Fargo, Denver, must be addressed in the family, in the will come and talk about it. and Los Angeles. That increases profits home, in the community, in the neigh- Let me say that again: Our merchan- for them. It is not in our economic in- borhood. All of us, it seems to me, need dise trade deficit is higher than our fis- terest. It might be in the short-term to take responsibility to do that. cal policy deficit in this coming year. interest of the consumer who can pre- While we attempt to address the What does that mean when you have sumably—not necessarily factually, thorny issues of deficit reduction, a fis- a trade deficit? It means you are ship- but presumably—buy some of those cal policy program that will work for ping jobs overseas. We will hit nearly products for less. It is not in the inter- the benefit of this country in the fu- $190 to $200 billion merchandise trade ests of consumers who will lose their ture, and while I hope we will attempt, deficit this year. What that means is jobs because their jobs left this coun- following that, to address the issue of American jobs are leaving. That means try as a result of a trade strategy that trade, fair trade, and the issue of try- we are buying from foreign countries. is bankrupting America. ing to advance the economic interests We have decided an economic strat- We will have a lot of votes and a lot of workers with good jobs and good egy is fine as long as profits are on the of debate about priorities on the floor wages in the future, while we do all way up. As long as productivity goes up of the Senate today and in the coming that, it seems to me it would be helpful and the stock market goes up, wages weeks with respect to the reconcili- if all of us could call on the American can go down and jobs can go overseas ation bill—what do we spend money on, people to join in our common interest. because we measure economic health what do we not spend money on. That As I said previously, we are going to by what we consume, not what we is fine. That is the way it should be. have an Olympics next year in Atlanta. produce. We measure economic Those are legitimate areas of discus- I bet we all are going to sit on the edge progress by what happened to the GDP, sion between Republicans and Demo- of our chairs cheering for the people not what has happened to the Amer- crats. wearing the red, white, and blue. We ican family. My hope is at the end of the day, per- want American athletes to win. That is I do not know how anyone in this haps, we will have reached a com- a wonderful thing: team spirit and na- country can view an economic system promise that we all think is good for tionalism and pride. through the prism that says that when the country, a fiscal policy that will The fact is, the economic competi- the American family is doing worse lead to a balanced budget. But even if tion in the world is not unlike the and losing money and working harder, we do that, and even if we reach a com- Olympics in a lot of ways, except it is but if the consumption figures are up promise, and even if the President much more serious. There are winners and if the GDP figures are up, America signs that compromise, we will not and losers in economic competition. is in better shape. That is simply not have achieved the job of setting things The losers are consigned to the British the case. right in the economic order of this disease of long economic decline. The We need one of these days soon to country. winners are given the opportunity of bring legislation to the floor of the We will do that only when we address economic expansion and hope and bet- Senate and have an honest-to-goodness the larger questions that cause this ter jobs and better wages. debate about the center pole of this family, this family that is in the mid- I think soon, sooner rather than tentative economic policy—that is dle of the line of American earners, later, this country needs to decide to trade and related issues—to try to de- from the richest to the poorest, this come together and develop an eco- termine what really advances Amer- family right in the middle that finds nomic strategy that advances the eco- ican economic interests. themselves working harder but after 15 nomic interests of all Americans in a I will bring some legislation on the years earning less, finds themselves real way. We can no longer measure subject of NAFTA to the floor of the after those years between 1979 and 1995, consumption as a barometer of eco- Senate at some point in the future. finds themselves after those years $100 nomic health. It is what we produce in NAFTA is part of this trade deficit a month behind where they started. America that counts, because that is problem. Two years ago we had all of Balancing the budget will help, but it what creates the good jobs. We can no these economists flailing their arms will not solve that problem. That prob- longer measure GDP on a quarterly November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16455 basis to determine whether America is own facts. If Social Security is going to that off the table and said, ‘‘This pro- moving ahead, because it alone does be used in this way, as some horrifying gram is going broke, absolutely not determine that. We must, and I example of being ripped to shreds, then broke.’’ Senator MOYNIHAN and a re- think can, do much better. go read the Trustees’ Report of Social markable group of Democrats and Re- Mr. President, I notice the Senator Security, which was not prepared by publicans then came together. That is from Wyoming is waiting for the floor. the hobgoblins of the right or Ronald impossible in this atmosphere. The I will yield the floor. Reagan or George Bush. It was pre- water in the well is so poisoned now on The PRESIDING OFFICER (Mr. pared by three of the President’s Cabi- this issue, we could never address it INHOFE). The Senator from Wyoming. net: Robert Rubin, Robert Reich, again. You are not supposed to even Mr. SIMPSON. Mr. President, I yield Donna Shalala, with the Commissioner touch it. My mail will fill the room and to myself such time as required, under Shirley Chater adding her dimension, the phone system will bust down later the previous order of morning business. and one Republican and one Democrat in the day as I choose to address this The PRESIDING OFFICER. The Sen- appointed from the general public. remarkable issue of Social Security. ator from Wyoming is recognized. What do they tell us? They tell us So you have the situation where it f that the solvency of Social Security is was going broke and the Commission ‘‘unsustainable.’’ We can get another AARP AND SOCIAL SECURITY made some sensible recommendations. word, we can use ‘‘broke.’’ It is The recommendations were made in a Mr. SIMPSON. Mr. President, I came unsustainable in 75 years, very conscientious, bipartisan manner, to the floor this morning to speak unsustainable in every way. We know to reflect that, if these things were car- lightly about the AARP, which I will it, the Senator from North Dakota ried out—and remember what one of do in a moment. But, as my colleague knows it, but more importantly the them was; it was increasing of the pay- from North Dakota is here, and I have trustees know it. If anyone wishes to roll tax; but we were ready for that listened to his comments today, or a have a copy of that document, I will be then—that the Social Security system portion of them, and also over the past very pleased to share it, because it would be saved until the year 2069. I weeks listened to a series of these pres- shows that in the year 2013 we will hope you will hear that, 2069. entations about the rich versus the have to be trading in the old IOU’s and That gave everyone a remarkable poor, and various allusions about what getting the bonds cashed, which is then sense of a job well done. Except, since sounds to me almost like class distinc- a double hit on Social Security. the early 1980’s, through, now, the pro- tion, class warfare, and also discus- Meanwhile—and I will get to my full jections of the Social Security Admin- sions of things like Social Security. theme a bit later—the AARP, this re- istration and the trustees themselves My friend, the senior Senator from markable group of people, the Amer- keep moving up the doomsday date. North Dakota asks: Why does someone ican Association of Retired People, this And guess what the date of insol- not come to the floor and speak on the extraordinary group of 33 million peo- vency is now for Social Security? It is issue of trade? He relates that not four ple bound together by a common love not the year 2069 or 2063 or 2050 or 2040. people will come to the floor to do of airline discounts and automobile It is 2029. So since the early 1980’s, So- that. I can tell you, not four people discounts and pharmacy discounts and cial Security is still long-term will come to the floor and tell the peo- every other discount known to man or unsustainable, and the doomsday ple honestly what is happening to So- woman, is a group of organized people date—in just 13 years—has been moved cial Security either. It is going broke. who have already settled with the IRS from 2069 to 2029—moved up 40 years. And people here on this floor who on a claim of back taxes for $135 mil- Next year it is very likely the trustees speak a great deal will let it go broke. lion. There is not any question about what They asked their executive director, may present to us their report saying will happen to it. ‘‘How did you pay that?’’ and he said, that it will not be sustained past the And there is not a single argument ‘‘We just wrote a check.’’ They have year 2025. What a tragedy. And here we rendered in this debate on reconcili- $314 million in the bank, in T-bills. sit—all of us just sitting. We know it. ation, where we are talking about Re- They lease a little hut down here in We all know it. publicans taking from Social Security, downtown for $17 million a year; a 20- I am going to accept the word of where the Democrats did not do ex- year lease at $17 million a year. That is those three fine Democratic Cabinet actly the same all these decades. There your AARP, speaking for ‘‘the little members, who I respect and know— has not been a single budget in my guy.’’ each of them individually. They are presence here that did not do what was Where we are is—if anyone cannot able Americans. I like them personally. just done here with Social Security. It understand it yet, is who we are going We have our differences politically. was done under Carter, it was done to hear continually about the little But these fine people are telling us under Reagan, it was done under Bush, guy, the poor, the downtrodden, the op- that in the year 2012—stretch it to 2013, and it is being done under Clinton. The pressed, the abused in society—and if you want to—that the IOU’s will be Senator from North Dakota knows does anyone in America know how So- cashed in. Bonds will be then sold, and that. I am on the Finance Committee. cial Security will be restored to sol- the American people will take a hit There is not a single one of us who does vency? There are only two ways. You that will take the Social Security sys- not know that the same ‘‘masking reduce the benefits or you increase the tem from the year 2013 completely to process,’’ the same chicanery, the same payroll tax. And what do you think the bankruptcy in the year 2029. Everybody smoke and mirrors has been pulled off senior groups are continually request- knows it. There is not a soul that can by the Democrats and the Republicans ing? I can tell you, it is not reducing come into this debate and tell me that in my entire 17 years here. There is not the benefits; it is increasing the pay- is not true. They will not come to this any question about that. roll tax. Chamber and tell me that is not true. The Senator’s colleague from North And who pays the payroll tax? You We all know it. Dakota is on the Finance Committee, got it, the little guy pays the payroll So we continue our process of these and he would also share that informa- tax. The little guy in America is the short-term fixes. Senator BOB KERREY tion with the senior Senator from ‘‘stick-ee’’ of this remarkable process and I, in a bipartisan effort, have pre- North Dakota. Without any question, if regarding Social Security. sented seven bills to restore solvency anyone believes that the Republicans If you will remember, our fine col- to the Social Security system. If you are doing something different with So- league from New York, Senator PAT really want to get aboard, we are look- cial Security than what the Democrats MOYNIHAN, and a ‘‘Blue Ribbon Com- ing for cosponsors. But it is a little dif- have done, the same way, the same mission,’’ in the early 1980’s, got to- ficult to pick up cosponsors when you years—or the Republicans—please be gether and honestly put this program mention the secret sinister dual phrase disabused. ‘‘on the table’’ and got off the table all ‘‘Social Security’’ and necessity to re- I think we should at least remember the tired babble about Social Security, store its ‘‘solvency’’ because people do one—everyone is entitled to their own about the poor and the wretched, the not believe it. But BOB KERREY and I opinion, but no one is entitled to their disabled and the infirm and so on—got believe it. S 16456 CONGRESSIONAL RECORD — SENATE November 1, 1995 So, if we are going to be doing some just pitch us all out in the snow, which man at the University of Wyoming, positive things, why, take a look at the they have a way of doing in this coun- there were 16 people paying into the good thoughtful bipartisan approach of try—recalling that ‘‘Get out before Social Security system and one person Senator BOB KERREY and myself and they throw you out’’ is a great phrase taking benefits out. Today, there are what we are doing to save the Social in our line of work. three people paying into the Social Se- Security system—without any gim- Let us say they do that. And I guess curity system and one person taking mickry whatsoever. We are going to the campaign then to that date to have out, and in 20 years there will be two phase up the retirement age. We are done that would be a simple one. It will people paying into the Social Security going to let people put in 2 percent of be that ‘‘We saw what those rascals, system and one taking out. How long the ragamuffin Republicans, did to their payroll tax into a personal in- do you think that the younger genera- vestment plan where they can call the you, and we are going to get it all back tion then is going to sit and put up shots on that themselves, 41⁄2 percent for you. We are not going to let Medi- $10,500 each, two people, to sustain a would then still go to the Social Secu- care go up only 6.4 percent, which is person at $21,000 a year or $20,000 or rity system, which will reduce the size the horrible thing they did to you. No, of the benefit and will also help to sal- we are going to let it go up 10 percent similar amount on Social Security? vage the system. and 12 percent a year just like it did The saddest part of the debate in the If the American people understand before. We are not going to let them last 3 years was that this President, nothing else—and the fortunate part of get away with letting Medicaid go up President Clinton, put in his first budg- all this is that we have a year to tell only 4.8 percent. We are going to let it et—and I commend him sincerely and them what really happened in rec- go up 9 just like it did before. We are heartily for it—an entire section called onciliation—if we had but just a few not going to let them talk about phas- ‘‘intergenerational accounting.’’ It was months or weeks, we would never be ing up the retirement age of Medicare powerful stuff. It was real. It was true. able to get it through the clatter, the so that it matches that same incre- It talked about what is going to hap- flak, and the tinfoil that is being shot ment of Social Security, which we have pen—the program is unsustainable, out over America to, I guess, divert already done.’’ what will occur to the young people, truth. But we will have that oppor- If that all happens then any figures and how it has to be adjusted. Yet this tunity for an entire year to tell the that I have given you from the trustees time in his budget presentation there American people exactly what we are or other sources—just accelerate them doing—such things as ‘‘doing some- up 100 percent, and all of the systems was not one single word about thing’’ with Medicare, which is going will go broke even faster. Each and ‘‘intergenerational accounting,’’ not a to go broke in the year 2002. You have every one of them will go broke faster. word. heard that. You are thinking, there he Ladies and gentlemen, if we can also I find through my less-than-positive goes again, and they are all nuts. They get away from the travesty of pretend- sources, since I labor in minority sta- are just telling us that. ing that there really is a Social Secu- tus there on Pennsylvania Avenue, We all know what we did in the rec- rity trust fund and that somehow we that the good, thoughtful people on the onciliation by allowing Medicare to go politicians on both sides of the aisle President’s cabinet and staff wanted to up 6.4 percent per year, and so I want dabble in it and mix around in it with include that statement again, Sec- our hands as if it were something from everyone to be absolutely cheered to retary Reich, Dr. Alice Rivlin, several the cauldron in the first act of Mac- know that Medicare will now not go there—but that the ‘‘political types’’ in broke in the year 2002. No, it will go beth, as we draw it out of there and the White House said: Do not touch broke in the year 2009. Everybody wildly spend it. Remember there is no that one again. You touched it the first knows that. I know it. Those on the Social Security trust fund. And we time and it was so true it even leaked other side of the aisle know it. The have never ‘‘dipped into it.’’ I take it President knows it. back. One time we did. But that lasted down and people could understand Think of this. This is what is happen- only about 2 days. We spanked our own what was going to happen to those sys- ing. These numbers are correct. No one hands so vigorously the redness is still tems. But do not touch it this time. can come and challenge these figures. there. We never did that again, and So we did not touch it. He did not Somebody will come in and say, ‘‘He is cannot, and will not by law. touch it. And then he appointed this terribly wrong. It will not go broke So, these funds are all in IOU’s be- fine commission to look into these en- until the year 2012.’’ That ought to cause the law on Social Security says titlements, with BOB KERREY and JACK cheer us all, too. It will not go broke in whenever there are surpluses in Social DANFORTH as chair and co-chair. They 2002. It will not go broke in 2009. It will Security—and there are huge surpluses did a beautiful job. Read their report. I go broke in 2012. That is pretty short right now, and they will become ever commend that to anyone. Then soon rations in any form. more magnificent. They could reach $2 after that appointment we did another If we are continually trying to fright- trillion before 2012 when the big de- little statute that said we owe it to en ‘‘the little guy,’’ then there is a cline, the final fall off, the ultimate ourselves to examine into these various good way to really frighten the little drawdown, begins to take place. programs, and somehow we left off the guy. Tell him or that Medicare will not So here we are knowing these word and the entire program of ‘‘Medi- just be there going up 6.4 percent each things—all of us. All of us know it, and and every year; it will be broke, flat we all know, too, that the surplus can- care.’’ We will not address the word busted, out of money. Tell them that. not be used except to be placed in secu- ‘‘Medicare.’’ The word ‘‘Medicare’’ is That will get a reaction out of them— rities of the United States of America, left out, and that is the one that is probably a little more startling than secured by the full faith and credit of really eating our lunch. That is the one being told it had been cut. ‘‘Cut the United States. So every single that is going to go broke, and that is schmut!’’ How can you say ‘‘cut’’ when penny of reserves of Social Security is, the one we all know will go broke. you go up 6.4 percent? That is exactly by law, used to purchase T-bills, sav- Now, if we can wade through this what we are doing. So if you like to ings bonds, whatever, backed by the type of garbled activity in these next frighten the little guy, let us do it full faith and credit of the United days and weeks, we may be able to get right. States and purchased by your bank, there. If we can wade through it in the Let us just get down to the political and purchased by individuals and other next year, we may be able to get there. reality because we live in that arena. nations’ too. The interest on those se- Let us say that we fail to tell our story curities is not paid from any Social Se- And who did this? Who visited this in a year. There is not a question in my curity trust fund or funds. It is paid sinful pile of debt upon us? Well, let me mind but that we will, and the Amer- from the general Treasury of the Unit- tell you. I hope the American people ican people know that finally a respon- ed States of America. No one can come understand who did this. We did this. sible political party decided to do to the floor and say that is not the This was not done by Ronald Reagan or something responsible. case. Jimmy Carter or George Bush or Presi- Let us say we fail, and they take up So, when the time comes—and it is dent Clinton. We in the Congress did a pitchfork on November 6, 1996, and coming soon—for when I was a fresh- this. The Presidents of the United November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16457 States get not a single vote on this. Does anyone believe that we are not ence testing, nothing, some of it going They can veto it, yes. But no votes . I ‘‘doing something’’ for Americans? Can to people who have gotten all of their have watched this game for 17 years. anyone believe in their heart and mind Social Security taxes back in the first Wire up a budget, ship it to the Presi- and soul that we are doing nothing for 5 years. You know that, I know that. dent, see if it will blow up under their our country and its men and women To some people the difference is not chair. It is a great trick. Democrats and children when we are spending the cost of living but the cost of living are highly skilled at it. Republicans, it $1.506 trillion this year—1 year—1 year it up. And we make no means test. No will take us a little longer to learn. to run the United States of America? affluence test of any kind. Put it together, roll it back and forth I know it is painful to go through You have the issue of part B pre- up and down Pennsylvania Avenue, and these figures again, but it is very true miums. If we are really talking about see if it will detonate under whose that 1 percent of these ‘‘rich’’ pay 27.4 the little guy now, I want to hear much chair. And that will not solve much for percent of all taxes in the United more about the little guy when we talk the people of America. States of America. Oh I know I should about part B premiums because, ladies But we did this. There is not a one of not even have said it. And the top 5 and gentlemen, part B premiums are us in this Chamber, including your percent pay 45.9 percent of all taxes in totally voluntary. Part B is totally loyal scrivener and correspondent of America, and the top 10 percent pay voluntary. It was never part of any the moment, who did not ‘‘hire on’’ in 57.5 percent of all taxes into the Fed- contract with anyone, certainly not some way to bring home the bacon. eral Treasury of America. The bottom with the seniors, because you step up, Bring home the bacon: Go get the HUD 50 percent pay only 1.5 percent, ladies and they say, ‘‘Do you want part B? If program; go get this center; this build- and gentlemen. Those are figures from you do, you are going to pay $46.10 a ing; go get the farm money; go get this; the Census Bureau, figures from the month.’’ And $46.10 a month is 30 per- go get the dam; go get that; all accom- IRS, figures from the GAO report, and cent of the premium. panied with a press release. that is that. So, ladies and gentlemen, if you real- So when you give tax relief, which Who do you think did it? Nobody but ly want to talk about the little guy, the President desperately wants to do us. I do not have the courage I used to, then remember that the wealthiest too—the President of the United States to do the press release anymore saying, people in America who have volun- has decided that he wants to give peo- ‘‘Senator SIMPSON announced today tarily chosen part B coverage are pay- ple a tax cut. We in the Republican more bucks for his State.’’ It is a good ing 30 percent of the premium, and the faith have decided that we want to give way to get reelected forever, I guess. people that maintain this building at people a tax cut. The President of the People I know who have been here have night when we shut down the action in United States has said that he would done just that. Bring home the bacon. this ‘‘cave of the winds,’’ the people like to see Medicare go up only 7.1 per- I would love to share with you the who are working hard here, are paying cent. We are saying that we would like outlay of Federal expenditures per cap- 70 percent of the premium for the to see it go up only 6.4 percent. So we ita to the various States of the Union, wealthiest people in America. Got are not that far away. that? Not one person can refute that. I and then you might know who rep- Obviously, the President and this Re- want to hear from anyone on that one, resents those people in this Chamber of publican majority are right on track if we have any rebuttal at all on that the Senate. You would be very in- with Medicare, but you would never one. There will be none. So, 70 percent trigued to see who brings home the know that. Oh, no, a serious ‘‘cut’’ is of all the premiums on part B, which is most bacon, who burdens the tax- taking place. What is it then that the voluntary and which is an income payers—burdens the taxpayers most. President is doing? Is that not a cut? transfer program, are paid by the gen- Mr. President, $3.6 billion goes to one You either cut or you cut or you slow eral taxpayers of the United States. State with only 0.2 percent of the popu- an increase or you slow an increase. A lation of the United States. How about rose is a rose is a rose. So if the 6.4 per- Let me conclude. I have here in my that, $3.6 billion in Federal outlays to cent increase of the Republicans is a hand the most fascinating and intrigu- a State with a population of 638,800. cut, then the 7.1 percent increase of the ing mailing sent out to me by ‘‘the That is a per capita spending of almost President is a cut, and we and the pub- mother of all mailers’’ in the United $6,000 of taxpayers’ money per person. lic should both use the same vocabu- States. This is the AARP I speak of It is No. 6 in the country per capita. lary on that. We will get there some- again. The mother of all nonprofit Those things need to be known, and how. If we dull the rhetoric and the mailers. And 1.5 percent of all mail in they are not known. It is time they warfare, we will get there. the United States under their particu- were known if we have to get into this So I just think it is always appro- lar permit class is by the AARP, ladies kind of a continual ritual that some- priate to talk about Social Security. and gentlemen. And a larger percent of how this is abject trickery or somehow And when people come to the floor and the mail men and mail women all over it is ‘‘the rich versus the poor.’’ say let us leave it off, we ought to America get hernias carrying their Ladies and gentlemen, I know this is leave off the table Social Security, well good works and telling of the unselfish shocking, but I have a theory about yes we all did that. It was a magnifi- efforts of the AARP—applications for what we might do with the rich. Oh cent flight from reality. How do you credit cards, insurance, investment ad- yes. Instead of taxing them more, we leave out of the equation something vice, and even tax counseling, which is might well confiscate everything they that is worth $360 billion? Social Secu- a dazzling array of services. I think have. Just take it all. Take every stock rity, ladies and gentlemen, is $360 bil- they do need tax counseling because, certificate, every yacht, every ranch, lion a year. you see, they settled with the IRS for every villa or home, every trust, and As we scratch around for money on $136 million that they had not paid in just snatch it, take it. Go down this floor, where we are looking for taxes because of unrelated business in- through the Forbe’s 400 and the For- something for my State or something come. But remember, they just wrote a tune 500—I am talking about individual for the State of the Senator from check. That is your poor, beleaguered wealth now—and just snake it off the North Dakota, looking for only $100,000 AARP. table, every penny. And guess what? It or $2 million or $3 million, I can tell But, anyway, they sent this. It came will run the country for about 7 you where we could have found a ton of to the mother of one of our colleagues. months. Got it. It is a figure of about it. You just saw a cost-of-living allow- Of course, the AARP is, as I say, the $800 billion. Yes I am talking about the ance go out to Social Security recipi- mother of all nonprofit mailers. You Wal-Mart money; I am talking about ents regardless of their net worth or might remember them. We sent that every family in America that we look their income. It was $8.7 billion. group $86 million in Federal—that is, upon as ‘‘the rich.’’ Take it all and it Mr. President, $8.7 billion went out taxpayers’—money last year. will run the country for 7 months be- to all of the recipients of Social Secu- This is also the noble group that cause, ladies and gentlemen, the budg- rity on a 2.6 percent COLA, judged by rakes in more than $110 million—mil- et of the United States this year is the CPI, Consumer Price Index, and all lion—annually in insurance premiums $1.506 trillion. Got it? One year. of it with no means testing, no afflu- and does not pay any taxes on that. S 16458 CONGRESSIONAL RECORD — SENATE November 1, 1995 Prudential, New York Life, RV Insur- The plan before the Senate last week Jim Borgmann is one of the best. I met ance, no; remember they get 3 percent would have gradually increased the eli- him many years ago. Go look at it. Its of every premium paid—from Pruden- gibility age to 67 over a span of 24 a kick. See it. tial Life Insurance Co. And this is also years, and never faster than 2 months So they have come to my door, the the group that has over $300 million in per year and, thus, not fully phased in AARP, and visited with me and my T-bills just ‘‘sitting around,’’ lying until the year 2027. Guess why we did staff, and they say this. Here is what around. that? Yet it was taken out. I hope the they say: ‘‘Oh, Senator, you are not But one clear use they have found for people of America will realize what correct, but we do support some kind of all their vast money is to use it in will happen by taking it out. We did it means testing or affluence testing. We what I call ‘‘astroturf’’ lobbying, which that way to match what we have al- would like to call it ’income relating’ is different from ‘‘grassroots’’ lobby- ready done with the Social Security but not affluence testing. But we agree, ing. Surely you know that. You know Program, which is already on the track it’s the way to go. Of course, we can’t what astroturf is. It is fake grass, for this kind of a phaseup. Hear that. come out too far in front of it, but we phony, a synthetic facsimile. And ‘‘fak- So in this deception how old will the understand you’re on the right track.’’ ery’’ is a pretty darn appropriate word youngest current AARP member be That is the word you get in your of- to describe the tactics that they em- then in the year 2027? Well, they would fice. That’s what they tell me. What ploy in this piece of correspondence. be 82 years old. They will have been their members are hearing is some- I honestly, for the life of me, cannot collecting Medicare for more than a thing quite, quite different. figure out how an organization of this decade by the time this proposed eligi- Then ‘‘income relating’’ is the word size, power and clout cannot afford to bility age increase was fully ‘‘phased they have now used, as they call it, and hire some poor soul to get their facts in.’’ it is portrayed as a sinister precedent— straight. Maybe they do not care to. In other words, not a single person a harbinger of evil things yet to come. Perhaps deception is the intention. For who is an intended recipient of this What a courageous outfit. starters, they say that the Senate ‘‘will mailing would be affected by the full Then, of course, another letter has vote on a proposal to cut Medicare impact of that, not a single person. In gone out from them about the CPI. spending by $276 billion over the next 7 fact, no current AARP member would They are saying, ‘‘Oh, for Heaven’s years.’’ see their eligibility age postponed by sake, don’t mess with the CPI.’’ I am There is that word ‘‘cut’’ again. We more than 1 year—more than 1 year— on the Finance Committee. Not a sin- will want to see it again when they de- no current member of the AARP. gle person from Alan Greenspan to all scribe the President’s proposal on Med- Now, that is a real slick organiza- the experts we saw said anything but icare, which is a 7.1 percent increase in tion. They also say that ‘‘only $110 bil- that the CPI, the Consumer Price Medicare. We will see if they use that lion’’ in cuts are actually necessary to Index, was ‘‘overstated.’’ word ‘‘cut’’ again. They used it again restore solvency to Medicare. And for And get the rest of this latest letter when they say ‘‘this level of ‘cuts’ is how long, I might ask? And they then to all of us. This is supposed to make unprecedented,’’ even though they all say to the next decade. ‘‘Through the you cringe and certainly your staff is know full well that under this plan next decade,’’ they retort. Great. So up supposed to cringe when you get this in Medicare will go up 6.4 percent per through the year 2005 then, only 3 your mailbox from the AARP dated Oc- year, faster than any other major years later than the current crash tober 23: spending category in the budget. And, date. What chicanery. What bald-faced If Congress adjusts the CPI in the absence ladies and gentlemen, does anyone in balderdash. of the Bureau of Labor Statistics findings, this Chamber or in this country believe Actuarial solvency is measured by AARP would regard such action as ‘‘a thinly that if we are able to do this—and we the trustees over a 75-year period, and disguised effort to cut COLA’s and raise will—that 7 years from now we will say it is unsustainable. They know it and taxes.’’ a 6.4-percent increase was not enough, you know it and I know it. But the I also know what that is. That is a so we should raise it, or say 6.4 percent good old AARP is content to let the thinly disguised threat. was too much, and we will now let it go system go belly up in 10 years. It Then they go on to say, which they up by only 2 percent a year? strikes me as quaintly odd that the all do, and you know what they say, By then nobody is going to let it go AARP can get so agitated over eligi- that the people who will be hurt the up only 2 percent a year. No, we will al- bility ages that will not even be fully most will be ‘‘the near poor, mostly ways, from now to eternity, let it go up effective for three decades and do not single women permanently pushed into 6.4 percent or more per year because care a wit about Medicare solvency be- poverty,’’ in addition, and so on and so that is the figure we picked. And then yond the year 2005. What a group. on, not thinking that if they go broke, tack 20 or 30 years onto that percent- Here is another intriguing one for the poor in poverty will really be age increase and you will really see an you. They express outrage that under pushed into something grotesque. unsustainable program, totally, to- our plan ‘‘beneficiaries with incomes So this is the kind of rubbish that I tally, hideously unsustainable. above $50,000 would pay a much higher see spewed out from the AARP through Here is another one for you from this monthly premium. How long,’’ they Horace Deets, John Rother—and they AARP mailing. It is a real chuckler. A ask, ‘‘will it be before Congress lowers are genial people—except when they headline that says, ‘‘No Medicare Cov- this to $40,000 or even $30,000,’’ imply- are not, and also their full chorus and erage Until 67.’’ They usually have a ing, of course, that any attempt—any company of apologists, paid actuaries block wreath around that or extra em- attempt at all—at means testing or af- accountants, lawyers, trustees, and phasis on the ink in the title. ‘‘No Med- fluence testing of anything is dan- trustors. Their budget for staff is $60 icare Coverage Until Age 67.’’ Is that gerous and dastardly oppressing. million a year. Try digging down not funny? Because I thought the cur- Oh, I wish I could tell you how many through various entities and the foun- rent AARP members were sucked into times AARP representatives have come dations of the AARP. It is like digging this gargantuan operation when they through my door, along with ‘‘Edna the through the Pyramids of Egypt. They were 50 years old—and they are. You Enforcer.’’ You have seen that wonder- have the Andrus Foundation, this foun- can be a member of the AARP at the ful cartoon by Jim Borgman of the Cin- dation, that foundation, and nobody age of 50 by paying your $8 or picking cinnati Enquirer; ‘‘Edna the Enforcer’’ knows the bucks that they have in up a copy of their magazine, usually a making her rounds for the AARP in the each of the stack. 4- or 5-year-old magazine, perhaps at dark of night. She is a husky one. She They have never come up with any- the dentist’s office. They include that comes in, and they have a caricature of thing new, and everything they do can as a membership. If there are maga- me in the most emaciated form, actu- be refuted. Just as when they said to zines laying in these places, that is a ally—most shocking! I am saying, the IRS, ‘‘We do not owe you any taxes, ‘‘member,’’ I think, to them. So you ‘‘Don’t pull the phone tree, Edna, not don’t you understand,’’ and then they can be 50 years old and be a member— the phone tree!’’ and then she gives you paid 136 million bucks to ‘‘settle up’’ whether retired or not. ‘‘the word.’’ Well, those are clever, and and wrote a check. When they said to November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16459 the Postal Service, ‘‘But we’re per- I also pointed out that those in the ness as usual. It has always been done, mitted to mail our insurance solicita- top 1 percent in America are doing very so we are going to keep doing it. tions at nonprofit rates,’’ and the Post well. I do not regret that. Good for In 1983, I say to the Senator from Wy- Office said, ‘‘No, you’re not,’’ and they them. The incomes of the top 1 percent oming, I was on the Ways and Means had to cough up $2.4 million to get off have increased in a 16-year period by 79 Committee. I voted on and worked on the hook there, and that will be the percent to an average of $576,000 a year. that Social Security reform package. If eternal struggle for them and should I wish everyone could experience that. the Senator will go back to the markup be. That is my point. I wish the fruits of form, I offered an amendment that day. Remember, this is the group of wor- this economy could be available to ev- It was on the same thing I speak about thies who clog your mailbox with 1.5 eryone. today—that is, you should not collect percent of all the nonprofit mailings in It is not class warfare to point out payroll taxes, which are, by nature, re- their class in the United States and who is benefiting and who is not. Our gressive, promise people it is going to this is evidence of the level of trust and job is to try to figure out how we help go into a trust fund and then pull it reliability that they have in this coun- those who are not. over into the operating budget and use The fact is, productivity in this coun- try. it. That is dishonest, and I said that 12 try is going up, so the average workers If everyone in Congress really likes years ago; dishonest, I say again on the out there are doing their part. Cor- to thump their chest and say that they floor of the Senate today. Am I a John- porate profits are going up. The stock always stand up to the special inter- ny-come-lately on this issue? You bet- market is going up. But guess what? ests, well, the AARP is the biggest, ter believe I am not. I have talked Wages are going down in real terms, toughest, canniest, most powerful slug- about this for 12 years. ger, the most ruthless and, I think, the and we better start caring about that most deceitful of them all. as a country. We better start doing This is dishonest budgeting. It was by So I trust my colleagues will show something about it. Democrats, and it is by Republicans. It their true mettle and legendary cour- When someone raises the question, is dishonest and it ought to stop. The age in ‘‘standing tall’’ as we all deal we better stop saying class warfare. It Senator said we have always done with this remarkable 1,800-pound go- is not constructive. Let us talk about these things. But nobody ever did what rilla in the days and months to come. this economy, who wins and who loses, was done last Friday. I hope, and will I thank the Chair. who is rewarded and who is not and wait today for somebody to put in the Several Senators addressed the how do we lift the middle-income fami- RECORD what was done late Friday Chair. lies in this country and give them op- night, taking $12 billion out of the So- The PRESIDING OFFICER (Mr. portunity, provide jobs with good cial Security accounts in the reconcili- SANTORUM). The Senator from North wages. ation bill in order to fund other parts Dakota. What the middle-income people see is of the bill. It has never been done. It is Mr. DORGAN. Mr. President, it is my lower paychecks, lower wages, and a violation of the law, and the only understanding that we have 8 minutes their jobs being shipped overseas, all reason it was done was because of the remaining on our time. by the same people who in this upper 1 language we used, ‘‘notwithstanding The PRESIDING OFFICER. The Sen- percent, by the way, are getting mil- any other provision of law.’’ ator is correct. lion-dollar increases a year in salary I challenge anybody on the floor of Mr. THOMAS addressed the Chair. because they are downsizing and ship- the Senate today to come demonstrate The PRESIDING OFFICER. The Sen- ping their jobs out of this country. Can that this has been done before. It has ator from North Dakota is recognized, I provide the facts for that? You bet I never been done before. It should not and they still have 8 minutes. can. I can tell you who is doing it, have been done on Friday, and it rep- Mr. THOMAS. The time was to be when and why and how much they are resents phony budgeting. Everybody in from 10:30 to noon for the majority being rewarded for moving jobs over- this Chamber knows it. So when people leader. seas. say, we are just doing what has always The PRESIDING OFFICER. There Well, enough about that. But I hope been done—not true. Not true. are 8 minutes remaining on the Demo- we can have a discussion one day on There is plenty to talk about on Med- cratic time of the designee for the the floor of the Senate about this eco- icare and Social Security. I happen to Democratic leader, and he asks for rec- nomic system and trade policy and think both of these programs have ad- ognition. what we ought to do to address these vanced this country’s interests. Both f issues. The Senator from Wyoming began by programs need adjustments. There is THE ECONOMY AND SOCIAL talking about Social Security and used no question about that. I am willing to SECURITY the word ‘‘bankrupt’’ generously. The work with the Senator from Wyoming, Mr. DORGAN. Mr. President, the Social Security System is not going and others, in sensible ways to think Senator from Wyoming is now and al- bankrupt. It does no service to the through in the long-term what we do ways has been one of the most colorful American people to try to scare people about these issues. But I do not think presenters on the floor of the Senate. about the Social Security System and it is wrong or unreasonable for us to He has also been an excellent Senator. so-called bankruptcy. ask questions about the priorities of I occasionally find much to agree with In the year 2029, the Social Security cutting $270 billion from what is needed him about. This morning, I found sev- system will be out of money. The Sen- in Medicare in the next 7 years and eral areas in which we disagree. I al- ator is correct about that. Between then deciding to cut taxes, especially ways find it interesting that it upsets now and then, we will have yearly sur- after we say to you, well, at least limit some when you come to the floor of the pluses, until about the year 2013. So the tax cut to those below a quarter- Senate and talk about the economic about 34 years from now, unless we million dollars a year and back off on system in this country and who is make some adjustments, we will have a the adjustments you intend to make doing well and who is not, because the problem. We will make adjustments. for some of the poorest of the poor, implication of that, they say, is, if you We have in the past and will in the fu- who rely on Medicaid and Medicare. If point out who is doing well, it is class ture. The fact is that our responsibility we are told we cannot do that because warfare. is to make adjustments. that is not our priority, then we under- I pointed out on the floor of the Sen- The Senator from Wyoming said the stand we have very different priorities. ate this morning that the average Republicans are doing what has always I am not alleging that you all do not worker in this country, if you had a been done—that is, using the Social Se- care about Social Security or Medi- line of all Americans from the richest curity surpluses as part of the revenue care. I think there are some who do to the poorest folks, the average person of the operating budget. The best I can not. I think there are some who never makes about $26,000 a year and in 15 say is that the Senator says this is believed in it, who never wanted it and, years has lost $100 a month of income. business as usual. I guess it is. I even today, if given a chance, would That is what I pointed out. That is the thought this was about reform and vote, probably in secret, to get rid of truth. change. The Senator says this is busi- both. The fact is, I happen to think S 16460 CONGRESSIONAL RECORD — SENATE November 1, 1995 both have advanced this country’s in- He also stated—reluctantly, I would America would have received either in terests and helped us to be a better say, after badgering the idea that we salary increases or any other benefit of country. I think when we, as Demo- brought forward—that taxes ought to that significance, 10 to 20 percent more crats and Republicans, are required to be lowered on the working families of disposable income. make adjustments in these programs, America. He reluctantly, at the end, The people that have been paying we would be well to make adjustments indicated that, well, maybe that is all these bills, that have been paying the without putting them in a vehicle right. bills for Medicare and for Medicaid and where we have decided, also, before we Let me tell you, it is more than all for Federal retirement and the interest balance the budget, to provide a sig- right. The other day on the floor, I on our debt deserve relief, they deserve nificant tax cut. I understand there is mentioned that when Ozzie and Harriet it, because we depend on them to edu- even reason to disagree on the tax cut. were the quintessential family in cate, to house, clothe and keep healthy I think working families deserve a America, Ozzie sent 2 cents of every the future of America. That is what lower tax burden. I would like to see us dollar he earned to Washington. Today, these proposals do—they return re- do the first job first: Balance the budg- that average family sends 24 cents out sources to the average working family et, and decide after we have done that of every dollar to Washington, so that in America. job how we change the Tax Code and we can set the priorities for those fami- Now, Mr. President, just an hour ago provide relief for working families. lies. there was a joint session of the policy Mr. THOMAS addressed the Chair. We have marginalized middle Amer- committees on the House side and we The PRESIDING OFFICER. The Sen- ica. The Senator from North Dakota heard from major economists on Wall ator from Wyoming. referred to the 1 percent that are Street about these budget proposals. It Mr. THOMAS. Mr. President, I think wealthy. I might say that you could was amazing. To the person they said, the time until 12 o’clock is set aside for take this 1 percent and the 15 percent ‘‘Stick to it. America has got to have discussion on this side of the aisle, to that are poor and on Government pro- balanced budgets.’’ talk a little bit about what we have grams, and they are not terribly af- If we achieve these balanced budgets, been doing over the last couple weeks, fected by this policy. They are either everybody will prosper, interest rates to talk about some of the heavy lifting so wealthy that it does not matter to will drop. They already give us credit, going on—balancing the budget, them, or they are in the Government this new Congress, from lowering it strengthening Medicare, reforming program. But it is the vast middle class from 8 percent to 6 percent. They say if welfare, and doing something to reduce that bears the burden of what has been we actually pass this, and only 3 out of the tax burden on middle-class Ameri- happening in Washington for the last 25 10 Americans think we have the guts to cans. We want to talk a little about years. More and more has been ex- do it, it will drop another percentage moving to the negotiation table, so tracted from that family and, as a re- point. Interest rates will drop, infla- that what is being done here can be sult, they are less and less able to care tion will drop, and the economy will done to affect the American public. for the housing and the education and expand. This family will put $2,000 I yield 10 minutes to the Senator health of that family. We have all ac- more into its own welfare and the peo- from Georgia. knowledged that the family is the core ple in that family that are looking for f unit for maintaining the health of the a new job will be standing in shorter country. But the Government has been lines and there will be fewer pink slips. PROTECTING MEDICARE pounding and pounding on that family The fact that America would seize Mr. COVERDELL. I thank my col- for a quarter-century. control of its destiny and manage its league from Wyoming. I, of course, Today, half of their wages are financial affairs, as any family in busi- take some issue with the Senator from consumed by one Government or an- ness has to do, will be a boon to Amer- North Dakota. He quoted the statis- other—a quarter in Washington, and ica. Every one of these people said to tics—to digress a moment—that indi- the other quarter is divided between us, ‘‘Don’t blink, don’t retreat. Get this cated that Social Security was solvent State and local government. An aver- done and the real beneficiaries are mid- until 2029, or something like that. The age family today earns $40,000 a year. I dle America.’’ same people that he is quoting have guess that is supposed to be rich, if you told him, also, that Medicare is bank- listen to the other side of the aisle. They passed out this chart, Mr. rupt in 6 years. They seem to forget Mr. President, $40,000—and by the end President. It is hard to see, but it that. Those trustees are really credible of the day they have somewhere be- shows the relationship to the growth in when they talk about Social Security, tween $20,000 and $25,000 to take care of spending to inflation. When we are ir- but they are not credible when they all the needs of that average family. responsible as caretakers of our finan- talk about Medicare. If what was passed here this past Fri- cial affairs in the Congress, and we Those same people that he is quoting day finally becomes law, we should spend too much—more than we have— are the ones that are telling the other talk about what that means, Mr. Presi- we cause inflation to go up, we cause side of the aisle that we better get seri- dent, to this average family. It means interest rates to go up, and then there ous about doing something about Medi- that their interest payments on their is less available for expansion, and we care. The proposal that we voted on the mortgage is going to drop, and if that cause people to lose their jobs. other night should make everybody average mortgage is $50,000, they will Given what we are looking at, it is who is a beneficiary, or potential bene- save $1,081 a year in interest payments mindboggling to me that the other side ficiary, very comfortable, because that on their mortgage. They are going to of the aisle is not right at the table proposal guarantees a quarter-century save $180 a year on the interest pay- trying to find a way to support change of solvency. It takes it out just like So- ments on their car. They are going to in the way Washington has been oper- cial Security. The proposal that we got save $220 a year in interest payments ating. from the other side of the aisle gives us on auxiliary loans, whether it is for a Mr. President, we have been told that a Band-Aid that would give us 24 addi- student loan or refurbishing of their unless the United States does some- tional months. I do not think there is home. That comes up to almost $1,500 thing very quickly, that within 10 a senior citizen in this country that is or $1,600 a year net on their kitchen years all U.S. revenues, all of our comforted by somebody making—I table. wealth, will be consumed by five think he referred to it as ‘‘adjust- On top of that, that average family things: Social Security, Medicare, Med- ments,’’ that give you 24 months of sur- has two children. They are going to get icaid, Federal retirement, and the in- vival. a $500 credit for each child; $1,000, Mr. terest on our debt. And nothing is left. I think one of the strongest things President, on the kitchen table. That was presented to a group the that we have done is to effectively So we have put $2,000 to $3,000 back in other day in my home State and a modify this program so that it is in- the account of every average family in woman stood up and said, ‘‘How in the tact, it is secure, and there are more America. That is an increase of any- world would we defend ourselves?’’ choices, and it is solvent for a quarter- where from 10 to 20 percent of their dis- Good question. We could not. World century. posable income. Tell me when middle rogues would love it if we stumbled November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16461 into the next century, crippled finan- Since I began working on the $500- thank you for spending the past year arguing cially and unable to maintain the sta- per-child tax credit 3 years ago, as a for the $500 per-child tax credit. tus of the superpower that we are. Five Member of the U.S. House, I have been There aren’t very many people in Washing- expenditures, and it is all gone. receiving letters urging Congress to ton who remember the pro-family commu- nity in our country—and even fewer people Last April the trustees of Medicare follow through on our promise of mid- in Washington who will support the family. came forward and said, ‘‘Look, it is dle-class tax relief. bankrupt. Congress and Mr. President, The letters have come from Minneso- From Montana, where the $500-per- do something about it.’’ tans and from concerned Americans child tax credit would return $46 mil- I yield the floor. across this country, as well. lion annually: Mr. THOMAS. Mr. President, I yield I hope they do not mind if I share We just wanted to take the time to say 10 minutes to the Senator from Min- parts of their letters with my col- thank you for supporting tax relief for fami- nesota. leagues. lies. We appreciate your stand for us parents. f Just a few: From Alabama, where the From Nevada, where the $500-per- $500-per-child tax credit would return child tax credit would return $95 mil- THE $500-PER-CHILD TAX CREDIT $354 million annually, I received this lion annually: Mr. GRAMS. I want to thank Senator note on the very same day we began de- Tax relief is really needed. We know—we THOMAS, my good friend from Wyo- bating the reconciliation legislation. have four children, one income. ming, for setting aside this time on the The letter said: From New Hampshire, where the floor today for my freshmen colleagues Please continue your work toward Medi- $500-per-child tax credit would return and I to share our perspective on the care reform, a balanced budget over 7 years, $102 million annually: and tax cuts. The people of this country are Second American Revolution. My reason for this letter is to thank each with you and waiting for this to happen. There may be 11 freshmen new to the of you for supporting tax relief for families Senate this year, but we speak with a From California, where the $500-per- and to ask you to continue to do so until the single voice when we talk about the child tax credit would return $2.6 bil- tax relief becomes reality. mandate handed to us by the voters lion annually: From New York, where the $500-per- last November. Our families desperately need tax relief, child tax credit would return $1.4 bil- Beginning last Wednesday morning and our government needs to stop spending lion annually: so wastefully. and continuing for 20 hours, this Sen- Thanks for your work to try to get Presi- ate undertook a historic debate. For 20 Another letter, signed a ‘‘California dent Clinton to make good on his promise to hours, as we outlined the Balanced Democrat,’’ read in part: give tax relief to families. Budget Reconciliation Act, we had the Thank you for your support of the family From Oklahoma, where the $500-per- opportunity to outline for the Amer- tax credit. As a parent of three, I know par- child tax credit would return $269 mil- ents need the help. ican people a new vision for this coun- lion annually: From Florida, where the $500-per- try. As a concerned citizen, a voter, and a tax- Our vision is about standing up for child tax credit would return $973 mil- payer, I want to let you know there are a lot taxpayers and their families. It is lion annually: of us middle-income, family-heads-of-house- about reining in the big government Thanks for your efforts this past year in holds who support you firmly. that has inserted itself more and more supporting tax relief for families! For the Presiding Officer in the deeply into their lives over the last 40 From Georgia, where the $500-per- chair, the Senator from Pennsylvania, years. child tax credit would return $570 mil- where the $500-per-child tax credit Our vision—this new approach to lion annually: would return $1 billion annually: governing—begins with balancing the I am writing to thank you for proposing Please continue to keep the profamily budget, preserving Medicare, redefining the budget plan that would cut federal community in mind. The family network, its welfare, and letting the people keep spending more than President Clinton’s, and strength, is what keeps this Nation strong. for supporting tax relief for families. We can more of their own money, through our From South Carolina, where the $500- $245 billion package of tax relief. use all the help we get! From Illinois, where the $500-per- per-child tax credit would return $320 Forty years of backroom wheeling million annually: and dealing by my colleagues across child tax credit would return $1.1 bil- lion every year: Thank you for supporting tax relief for the aisle have dealt the American peo- families. Keep up the good work! ple nothing but a string of losing We are a one-paycheck family struggling hands. to keep our heads above water. Two of our From Tennessee, where the $500-per- The big spenders may have had a children are in a private school. The burden child tax credit would return $446 mil- of paying for the public and private systems long run, but they never played by the lion annually: is great for us. Thank you for supporting tax relief for rules. Instead of using their own Nonetheless, we must do what we know to families. Also, please continue to work for money, they demanded—over and over be best for our children. It is encouraging to the deficit and keep it a point of public know there are members of the government again—that the taxpayers be the ones awareness. to ante up. who understand our struggle and are work- With this Congress, however, it is a ing on our behalf. From Texas, where the $500-per-child whole different game. From Minnesota’s neighbor to the credit would return $1.6 billion annu- We are no longer going to let the south, Iowa, where the $500-per-child ally: Government gamble away the tax- tax credit would return $326 million an- I am in favor of a tax cut for families. payers’ hard-earned dollars. In fact, we nually: I believe that is one reason many people do not have more children these days—the Gov- are going to keep those dollars out of Thank you for supporting tax relief for ernment taxes us so much, and tries to tell families. Keep up the great job! the Government’s hands in the first us how we should live and raise our children. place. From Kentucky, where the $500-per- I have three children of my own. As you know, the centerpiece of our child tax credit would return $300 mil- From Washington State, where the tax relief package is the $500-per-child lion annually: $500-per-child tax credit would return tax credit, and I am proud that my col- We realize you are fighting a tough battle $537 million annually: leagues stood with me to ensure that and we fully support you on this issue. Keep this desperately needed provision re- fighting! Thank you for your work this term to get tax relief for families. It is such a hard fight. mains at the heart of our reconcili- From Michigan, home State of Sen- From Wisconsin, Minnesota’s neigh- ation bill. ator SPENCER ABRAHAM, who has been The $500-per-child tax credit will re- one of the Senate’s most vocal advo- bor to the east, where the $500-per- turn $23 billion nationwide every year cates on behalf of family tax relief, and child tax credit would return $505 mil- to working-class families, and those where the $500-per-child tax credit lion annually: families have been vocal in sharing would return $977 million annually: Thanks for your efforts to give families tax cuts. their thoughts on what kind of dif- I want to commend and thank you for re- ference the child tax credit would membering and supporting the needs of fami- And finally, Mr. President, the let- make in their lives. lies at tax time. Specifically, I want to ters have poured in from my home S 16462 CONGRESSIONAL RECORD — SENATE November 1, 1995 State of Minnesota, where the $500-per- $500-per-child tax cut the Senator from to responsible budgeting in this coun- child tax credit would return $477 mil- Minnesota has fought so long and so try. It is always easier to give some- lion annually, completely eliminating hard for. The letters coming from peo- body something. It is always easier to the tax liability for nearly 46,000 Min- ple who work hard, pay their taxes, maintain the status quo and to tell nesotans: This letter came from raise their kids and obey the law, and people they can continue on indefi- Northfield, MN: find it tougher and tougher to get by— nitely the way we have been going and I’m encouraging you to support passage of that is obviously who this tax credit hold yourself up to accusations of hurt- a $500 per-child tax credit that goes to all will go to benefit. It belies the accusa- ing those in need, of not caring for the tax-paying families with children under 18. tions on the other side that, of course, elderly. Let’s start strengthening society by support- this is just a tax cut for those who do Some Member on the other side of ing the backbone of the society—families! not need it. the aisle said, apparently, the only el- Then there is this letter from a fam- Our friends on the other side of the ily in Roseville, MN: derly that you know live in Beverly aisle have made a profession of trying Hills. Those kinds of tactics are de- A $500 Federal tax credit for each depend- to decide who in America deserves to signed to scare people and appeal to ent is not a Federal hand-out, but would keep more of the money they are earn- the greedy side of people’s nature, the allow parents to keep more of the money ing and who deserves to have it sent to that they make, and to use it to care for implication being that as long as we their own children. Washington for those enlightened can get ours today we do not care A $500 Federal tax credit for each depend- Members of this body to spend for about our children, and we certainly do ent would unquestionably strengthen many them. not care about our grandchildren. So I think we are making substantial families—especially middle-class and eco- We heard the statement earlier, ‘‘So- nomically-disadvantaged families. progress when we are obviously getting cial Security is not in trouble. Social And finally, a family in Minnetrista, our message across to the American people as to exactly what this tax cut Security is not going bankrupt. Of MN, took the time to share these in- course, in about 30 years it is going to sights with me: is all about. It goes to help those peo- ple who everybody in this body says run out of money.’’ But the implication As the mother of seven children with one is, we do not have to worry about that income, I am especially interested in the $500 they are concerned about. We are hear- ing all this rhetoric about the rich, the because most of us will have gotten per child tax credit. We refuse to accept aid ours by then. from Federal or State programs that we rich, the rich, and how everybody is for qualify for. the working person and the working I am concerned, not only about today We believe this country was built with family. If everybody was for the work- and my own mother who is dependent hard work and sacrifice, not sympathy and ing family and everybody is con- on it, I am concerned about my chil- handouts. We also believe that we can spend dren and my grandchildren, as we all this money more effectively than the Gov- centrating on doing something for the working family, why is it the working should be. That is what we are talking ernment, who has only succeeded in creating about here. That is the difference, I a permanent, dependent welfare class with family feels they are getting worse and our money over the last 40 years. worse off every year? As I said, those think, in the debate nowadays from Let’s get back to basics. people who work hard, raise their kids what it has been in times past. That is Getting back to basics is what our and pay their taxes—this, finally, will the reason that many of us ran for po- budget plan is all about, Mr. President. do something to reach the people that litical office for the first time in our That is why we are balancing the budg- everybody says they are trying to lives, because people are sick and tired et, protecting Medicare for the next reach in this country. This will actu- and fed up with business as usual. We generation, fixing a broken welfare sys- ally serve that purpose. see the results of it. We see in many re- tem. Mr. DOMENICI. Will the Senator spects our country is going downhill. That is why we are cutting taxes, yield? So we passed a reconciliation pack- too. And if these letters are any indica- Mr. THOMPSON. I will be happy to age to do something about that. People tion, the American people are solidly yield. said they wanted a balanced budget. behind our back-to-basics approach. Mr. DOMENICI. Just for 30 seconds. We are on our way to a balanced budg- The PRESIDING OFFICER. The Sen- I yield the floor. et, to save Medicare—not to destroy it, The PRESIDING OFFICER. The Sen- ator from New Mexico. but to increase spending for Medicare, Mr. DOMENICI. Mr. President, I com- ator from Wyoming. but at a reduced rate of growth; to mend the Senator from Wyoming, Sen- Mr. THOMAS. Mr. President, I thank change a failed welfare system from ator Thomas, and all those who are my friend from Minnesota. Those of us something that was supposed to do helping him. I think it is imperative on this side of the aisle are excited good for people that has changed into that we respond when the other side about the opportunities that are here. something that has done an immeas- comes to the floor making statements We are excited that we have worked for urable disservice to many, many people that are half truths and irresponsible. I 8 or 9 months now toward this time, to- in this country; to give more back to commend him for it. I hope he does it ward the time to have actually passed people who are earning hard-earned every time they come to the floor. the kinds of changes that we bring dollars to keep in their pockets. Across this land, the real facts of what with us from the election last year. The President, I thought, pretty we are trying to do are getting lost in These are the freshmen and sopho- much agreed with those concepts. We the plethora of facts that are coming mores. These are the Senators who are have come a long way, because some out that have very little to do with relatively new to this body and are time ago the advisers to the President what we have done. really wound up about what we are I hope the Senator does one on Medi- were saying we really did not need a able to do here and want to keep mov- care. Just put a chart here and show balanced budget; and then, yes, maybe ing. So I am delighted they are here. what we did, so the American public we need one but in 10 years; then, yes, I yield now 10 minutes to the Senator will see it. We know when the people maybe we need one and then OK, from Tennessee. see what we have done they favor what maybe 7 years. f we are doing. It is when they are told The President pledged to reform wel- fare as we knew it back during the BALANCING THE BUDGET things we are doing that we are not doing that they begin to wonder about campaign. He acknowledged that Medi- Mr. THOMPSON. Mr. President, first this balanced budget. care was going bankrupt, and that we of all I commend the Senator from So I commend my colleague for it, had to do something about it. He has Minnesota for his excellent presen- and those who are helping him, very proposed increasing Medicare spending tation. After listening to those who are much. I am hopeful they will continue by 7.1 percent a year. We have proposed always for higher taxes and will use to do it. increasing spending by 6.4 percent a any means to fight any kind of tax cut I yield the floor. year. It seems pretty close to me. It on the basis that it is just a giveaway Mr. THOMPSON. Mr. President, I looks to me like we are fairly close to- to the rich, it is refreshing to hear ac- commend the Senator from New Mex- gether, at least on some of these basic tually what this tax cut would do, the ico who has been a leader with regard concepts. And, yet, what does the November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16463 President do when we passed the rec- those? How are we going to address the will have more money to feed her fam- onciliation package? He says he will underlying problem, probably that ily and make ends meet. Instead of an veto it, and basically he is not willing overshadows the rest of them? And, EITC check of $864, which is what she to negotiate—that we are destroying that is the cynicism that some of the would get this year, next year under Medicare: that his 7.1 percent is a re- American people have in this country the Republican plan she will get a sponsible percentage of growth but our toward their own Government, toward check for $1,425. If she has two chil- 6.4 percent would destroy Medicare. their own Government’s ability to get dren, that will go up to $2,488. So she is These are scare tactics, even though we things done. not going to pay taxes at all. It is are spending twice the rate of inflation Those are the underlying questions. going to be how much she gets as an in- under our proposal; appeals to greed; Those are the more serious ones. I centive for doing what she is doing, and appeals to grandparents. And there is think that we can make a statement to that is working two jobs instead of the implication that, if you are making the American people as we have tried being on welfare. She is going to have $100,000 a year, or if you are retired, to do in Congress by taking the tough the incentive of getting a check back you do not have to make any kind of votes, taking the tough measures, say- from the Government, and not paying incremental adjustment, we can con- ing we cannot have everything exactly taxes, if she is a working mother with tinue on not only just increasing the way we have always had it, and we one or two children. spending, which we are all saying that are going to speak the plain truth. We What about the married couple? This we will do, but increase spending at the can tell the American people that we is the woman who called into C-SPAN rate that we are increasing now or can do this, and because we did do this the other day. For this year, a married closer to it. we can address these other problems couple with two children and an in- So people must be confused as to that lie down the road before us. come of $25,000 will pay $929 in income what the President’s position is. Is he So I urge the President, if he is seri- tax. That is this year. With the new for a balanced budget? Is he for chang- ous about balancing the budget, chang- Republican budget, next year that cou- ing welfare as we know it? Is he for ing welfare as we know it, saving Medi- ple will not pay taxes at all. Instead, doing something about Medicare, or care, if he is serious about the state- they will get an EITC check of $171. not? He says he is. Yet, he seems to not ment that he made that he raised taxes So we are going to eliminate taxes on be willing to even sit down at the table too much, if he is serious about the po- to work out these differences that 3.5 million families that would pay sition that, yes, we should have a tax taxes today, that will pay taxes for some might interpret as being not all cut, then I would urge him to sit down that great, that we might be able to 1995—3.5 million families in America at the table and let us talk about those that are paying taxes this year under work out. details. Because I think the message I think the answer is clear that we our plan will not pay taxes at all next that I would like to deliver—and there are in the era now of political postur- year. are a lot of the new Members here who ing, that the President feels he must That is what it means in real terms. would like to deliver it, along with come into this process feeling strong, This is what we are trying to do. some of the maybe not-so-new Mem- feeling tough—and that is OK—deliver- In 1974, families spent 33 percent of bers—is that regardless of what the ing the message, and posturing himself. their income on the necessities of hous- policies that have been around here in That is OK. A deal will be worked out ing, health care, and utilities. In 1995, times past, things are different now, of some kind, and, if it is not, that will that is 46 percent of a person’s income, and we are not going to continue to be up to the President. But I think a family’s income. We have heard peo- roll over these problems to the next probably even more important than ple talking on the floor about what the generation. this particular resolution is that we real income is. People are making Thank you, Mr. President. will get by somehow. Even more impor- more. But they do not feel like their tant than that is the question of Mrs. HUTCHISON addressed the Chair. quality of life is as good. They do not whether or not we have a commitment feel like they are able to buy as much to these basic things. We can argue and The PRESIDING OFFICER. The Sen- ator from Texas. for their families, or go out to eat once fight over the details. That is why we a week anymore, or go to a movie once have two branches of Government. Mrs. HUTCHISON. Mr. President, thank you. a week like they used to be able to do. That is why we have separation of pow- Yet, they are earning more. What is ers, and checks and balances in this f wrong? That is what is wrong. Instead country. That is fine. THE REPUBLICAN TAX PLAN of 33 percent of their income going to But the real question we have to face necessities, it is 46 percent. That does up to is whether or not we as a people, Mrs. HUTCHISON. Mr. President, I not count clothes or food. appreciate hearing from my friend, as a Congress, and a President are com- So what we are trying to do is put mitted to the underlying propositions, Senator THOMPSON from Tennessee, the money back into the pockets of our for example, of a balanced budget be- who differentiates between the new families, and we are putting money cause, if we are not, we are going Members and the not-so-new Members. into the pockets of our working poor. through all of this for nothing. We are And I do not know in which category I going to have to do so much more for fall. But I am pleased to be on the same Let us talk for a minute about the so long. If we cannot pass this first side of this issue because I think some marriage penalty. Right now in our hurdle, we will never make it past the of the new Members are standing up country, unfortunately, we have a mar- others because we are making the ini- and trying to talk the way people are riage penalty. We should be encourag- tial downpayment on the balanced talking back home. ing young couples to get married. But, budget. We are going to have to own up I was really struck the other day instead, we discourage them with a to our responsibilities year after year when I was listening to C-SPAN in one marriage penalty. after year. If we cannot solve these of the call-in programs, and a woman I heard someone on the floor say, problems that merely have to do with called in with a very simple question. ‘‘Oh, if we can do away with the mar- numbers, how are we going to address She said, ‘‘My husband and I are work- riage penalty, it will cost the Treasury the other major problems that are fac- ing two jobs, and we make $25,000 a $25 billion.’’ Well, the Wall Street ing our country—with the problems of year. How is this going to help us?’’ I Journal, I think, puts it in perspective. the world economy where wages are think what Americans are saying is They said wait a minute. To do away stagnating, especially among our that it is the way Americans are talk- with the marriage penalty will save the younger people; the problems of the ing. They are saying it is a legitimate taxpayers of America $25 billion. inner city where we see youth violence question, simple and to the point. And This is money that belongs to the skyrocketing, youth drug use sky- we can answer her question, and we can person who worked for it. It does not rocketing, illegitimacy skyrocketing; give her a good answer. belong to the Treasury. It belongs to all of these social problems. If we can- What happens to her? Under the new the person who worked for it. not solve these numbers problems, how budget, a single mother with one child Now, everyone in our country is here in the world are we going to address working two jobs making $15,000 a year because we want to pay our fair share. S 16464 CONGRESSIONAL RECORD — SENATE November 1, 1995 We want to participate in paying taxes when they need it, when their income made—for tax cuts, for encouraging the for the things that we cannot do our- levels are such that they need it, they American family, for encouraging the selves. Everybody has that attitude. It are going to be able to pull it out tax working families of our country. It is is when the taxes encroach so much on free. Or, if they do not wait until re- going to help the working people of our the quality of life and when the family tirement because they have an emer- country and the elderly as we save the does not really see what that does for gency need such as education for chil- Medicare system. them that we start getting people say- dren, or first home or health care I thank the Chair. I thank him for ing, ‘‘Wait a minute. I am paying 39 emergency, that is going to be provided his leadership, and the Senator from percent; I am paying 27 percent; I am for as well. Wyoming and others who are speaking paying 15 percent,’’ whatever it is, So it gives people an incentive to to try to set the record straight. It is ‘‘and I do not see the results. And I save because they know they can draw scary. There is no question that people don’t feel that my taxpayer dollars are it out for an emergency and yet they not knowing what to expect are afraid. being spent wisely.’’ That is when peo- are going to be able to earn money tax We have to let people know exactly ple step up and say, ‘‘Let’s put this in free either for their retirement secu- what we are doing and hope that their perspective.’’ And that is what we are rity or for their emergency needs. This common sense makes them understand trying to do. is going to be a savings incentive bill that this is going to be good in the long Under the Republican plan, we in- that is also, besides helping the family term for our children and grand- crease the standard deduction for mar- that is trying to take care of its retire- children so that we do not give them ried couples that are filing jointly. By ment needs or emergency needs, going this $5 trillion debt that we are bump- the year 2005, the marriage penalty will to spur economic activity which cre- ing up against in 2 weeks in this coun- be eliminated for couples that do not ates new jobs for people coming into try. our system. itemize their deductions. That is the I thank the Chair. right approach. That is encouraging So this is a new approach. That is for sure. And many times when you have Mr. THOMAS addressed the Chair. families. The PRESIDING OFFICER. The Sen- Also encouraging families is home- something new, people are scared. They ator from Wyoming. maker IRA’s. This is something that I do not know what to expect, and so and other women Members on both they wonder: what is all of this new ac- Mr. THOMAS. Mr. President, I thank sides of the aisle have been very active tion going to produce? We are trying to the Senator from Texas. in pursuing, and that is because we are have some simple and basic themes. We I think it is extremely important saying we value the American family are trying to help to encourage the that we walk through this bill; it is a unit. The family unit is the core of our American family. We are trying to en- large bill; it covers lots of things; but society. And yet, if you are a home- courage the working families that are to talk about how it will affect each of maker working inside the home, doing having a hard time making ends meet us as citizens of this country. And so I your part to strengthen society, you but they are not on welfare. They are congratulate the Senator on doing cannot set aside $2,000 a year in an IRA working to make ends meet, and we are that. for your retirement security. If you encouraging them by taking more of Let me just observe that one of the work outside the home, you can. But if them, 3.5 million more of them off the principal things we are doing is think- you work inside the home, you cannot. tax rolls completely. We are going to ing about young people, is talking We are going to change that with the do away with the marriage penalty. We about what kind of shape we want this budget reconciliation package that has are going to try to spur investment to country to be in when we go into a new passed both Houses of this Congress. create new jobs in this country. It is century. We have maxed out on our We are saying the homemaker makes a very simple. We are trying to save credit card. We charged it to the young contribution to the strength of our Medicare for our citizens that are on people who are coming, and it is time country that is every bit as important, Medicare now as well as for the future. we do something about that. if not more so, than the contribution The Medicare trust fund is going I now yield our time remaining to made by people who work outside the broke. The President’s own Cabinet the Senator from Washington State. home. people say it is going broke. Our plan is Mr. GORTON. Mr. President, I have So we are going to correct an in- going to save it—not by cutting it but been informed by the Senator from equity that has been in our system. by slowing the rate of growth from 10 Missouri that he has a brief interrup- That helps the one-income working percent per year to 6.4 percent per tion which he would like to make. I family. Many people sacrifice for the year. Even 6.4 percent per year growth yield to him for that purpose. homemaker to stay home with the is more than we have in the private Mr. ASHCROFT addressed the Chair. children. And when they sacrifice, they sector health care industry now. That The PRESIDING OFFICER. The Sen- also are going to have to make a sac- is why we think it is reasonable. We ator from Missouri. rifice for retirement security, and I are going to save the system. But we f think that is wrong and so did a major- are going to do it over a 7-year period ity of both Houses of Congress. so that we can grow gradually rather VISIT TO THE SENATE BY PETER Then there is the homemaker who than having a meat-ax approach. We DUGULESCU, MEMBER OF THE becomes displaced after 25 years of are doing the responsible thing for this ROMANIAN PARLIAMENT marriage; she becomes divorced or she country. We are also keeping a prom- loses her husband. She, too, is discrimi- ise. We are doing what we said we Mr. ASHCROFT. Mr. President, I am nated against in retirement security would do. We told the people in the 1994 pleased to be able to introduce to Mem- because she does not have that nest egg election: Here is what you can expect if bers of the Senate Peter Dugulescu, a to build up for her retirement, which you vote for me. The people did vote Member of the Romanian Parliament. she is entitled to. This is in the bill for us, and now we are giving them Peter is a friend of mine of some time, that has passed both Houses. what they expected and what they and was influential in bringing much We also add to other investment sav- asked for. greater levels of democracy to Roma- ings opportunities. America has one of Did we make a few mistakes? Prob- nia. the lowest savings rates of any indus- ably. Do I agree with everything in the As a matter of fact, when the revolu- trialized country of the world. Why is bill? No. Probably no one on this floor tion in Romania began, he was part of that? One reason is we tax it twice. We does either. But we can afford to come a crowd in the city of Timisoara where tax savings when you earn it, and we back again and correct mistakes that 100,000 people had gathered one day to tax it while it is in a savings account. we might have made. What we cannot protest the lack of religious freedom It is taxed twice. Most industrialized afford to do is nothing. That is the there. They had called for a pastor to countries do not do that. only mistake that we cannot afford to come to speak to the crowd. And no We are going to provide more savings make. We cannot afford not to fix the one felt confident enough in the regime alternatives in this bill so people can Medicare problem. We cannot afford to come and speak to the crowd. And put money into an account and the not to balance this budget. And we can- Peter finally offered himself to the savings will mount tax free, so that not refuse to keep the promises that we crowd. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16465 This was during the days of President been overlooked. While there is in total American people will benefit to the Ceausescu. When Peter went to speak almost $250 billion in tax relief for the tune of $300, $400, $500 billion in higher to the crowd and lead them in prayer, American people in the reconciliation wages, in greater income, in broader it was a turning point in the revolution bill this body passed early last Satur- opportunities, in economic growth in of Romania. He now serves in the Ro- day morning, the overwhelming bulk of the country as a whole. manian Parliament and is a testimony those tax reductions, 80 percent of So, what we have done, Mr. Presi- to the kind of courage that real patri- them, in fact, comes from two sources: dent, is that we have passed a set of ots exhibit. The closing of certain corporate and proposals which will improve the con- It is my pleasure to have him accom- business tax loopholes amounting to dition of the American economy and pany me to the floor today. And I just about 10 percent of the gross tax reduc- the American people by close to $1 tril- wanted to thank the Senate for the op- tions and a $170 billion dividend which lion between now and the year 2002. If portunity to allow me to commend the Congressional Budget Office has only we can get the White House to him, not only for the example he has told us will be the benefit to the Fed- agree to it or to agree to a budget set for his fellow citizens in Romania, eral Treasury of passing a budget which has the same impact. but to commend him for the kind of ex- which clearly will be balanced by the That is a magnificent triumph, Mr. ample he sets, his dedication of prin- year 2002. President. I believe it is unprecedented ciple and commitment to strong ideals Mr. President, I think that is a vi- at any time in the last two or three and values and commitment to his God tally important concept. The tangible decades. And in addition to all of the and recommend him to citizens around dividend to the American people of our other dividenda that come from a the world. balancing the budget will be $170 bil- smaller Government, less control and I thank the Senator from Washington lion in lower interest payments on the influence on the part of the Govern- Federal debt and an increased tax col- for allowing me to make this interrup- ment over our lives, a reform of the lection under the present system be- tion. And I hope that someday I have a welfare system, the preservation of cause of greater prosperity, more op- chance to return the favor. Thank you Medicare, in addition to all of these portunity, more employment, a better very much. other dividends, is this potential for a lifestyle that a balanced budget will Mr. GORTON addressed the Chair. better and a more prosperous America. give to the people of the United States. The PRESIDING OFFICER. The Sen- And that, Mr. President, is the jus- ator from Washington. Mr. President, that is the overwhelm- ing source of the tax reductions that tification for what we propose to do, Mr. GORTON. What is the state of and what we passed in this body late business, Mr. President? are included in this bill. We, as Repub- licans, believe that if we balance the last Friday night or early last Satur- The PRESIDING OFFICER. Does the day morning. Senator seek to extend the period of budget, that dividend ought to go to the American people, not to further or Mr. President, I suggest the absence time for the transaction of morning of a quorum. business? for additional spending programs. And that profoundly differentiates our- The PRESIDING OFFICER. The Mr. GORTON. In the absence of such clerk will call the roll. a request, what would take place? selves from our opponents in this bat- The legislative clerk proceeded to The PRESIDING OFFICER. The reg- tle who consistently have demanded call the roll. ular order would be to close morning more spending on the part of the Fed- Mr. DOLE. Mr. President, I ask unan- business. eral Government. Now, Mr. President, perhaps the most imous consent that the order for the f remarkable illustration of the dif- quorum call be rescinded. EXTENSION OF MORNING ferences between two of the three sides The PRESIDING OFFICER (Mr. BUSINESS of this battle is the fact that the Presi- ASHCROFT). Without objection, it is so dent of the United States claims that ordered. Mr. GORTON. I ask unanimous con- he has presented a balanced budget Mr. DOLE. Mr. President, was leader sent that morning business be extended when, in fact, he has not done so but time reserved? for a period of 5 minutes. has simply estimated the deficit out of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without existence. objection, it is so ordered. ator is correct. The Congressional Budget Office, the Mr. DOLE. I thank the Chair. f agreed upon arbiter of the fiscal direc- (The remarks of Mr. LUGAR, Mr. tion in which this country is proceed- THE RECONCILIATION BILL AND DOLE, and Mr. CRAIG pertaining to the ing, has offered us no dividend in con- introduction of S. 1373 are located in THE BUDGET nection with President Clinton’s budg- today’s RECORD under ‘‘Statements on Mr. GORTON. Mr. President, I have et proposals. Not $170 billion, not $150 Introduced Bills and Joint Resolu- heard many of the comments of my el- billion, not $10 billion have they of- tions.’’) oquent and thoughtful Republican col- fered us should we pass the President’s leagues about the reconciliation bill budget. Why? Because, of course, under f and the budget which has just been Congressional Budget Office figures, it RURAL LOCAL INITIATIVES passed, their thoughtfulness with re- does not balance in the year 2002. In SUPPORT CORPORATION spect to the way we have caused the fact, it barely gets below $200 billion at Medicare system to be preserved, pro- any time between now and that year. Mr. BOND. Mr. President, earlier this tected, and strengthened, the fact that That is perhaps the greatest single il- morning I joined my good friends of the in doing so the percentage of the pre- lustration of the proposition that the Local Initiatives Support Corp. to kick mium which individuals will pay for White House offers us stones for bread, off LISC’s new rural LISC initiative. I their Medicare part B coverage will not that it gives us nothing that will ever was pleased to be joined by Roger be increased, except for those who are lead us to a balanced budget and does Young, the commissioner for the East- wealthy enough to be able to afford and nothing in the way of a fiscal dividend ern District of Audrain County, MO; who, for that matter, ought to pay for to the American people and thus no David Thayer of Central Missouri a greater portion of the cost of their source for tax relief for the people of Counties HDC; and David Stanley, health care rather than passing that the United States. chairman and CEO of Payless cost onto the backs of working Ameri- That $170 billion dividend, I wish to Cashways, Inc., who support this ini- cans. emphasize, is only the dividend that a tiative. I thank them for their tireless I have heard, particularly, the ref- balanced budget provides for the Treas- efforts in support of finding new ways erences of my colleagues to the long- ury of the United States. It is perhaps to leverage funding through public-pri- sought and most welcomed reductions one-quarter to one-third of the overall vate partnerships for addressing the in the tax burdens on the American benefit to the American people. If we housing and economic needs of rural, people. But, Mr. President, I want to pass a law which will cause the budget distressed communities. emphasize one aspect of those tax re- to be balanced, in addition to that $170 I emphasize that rural communities ductions which have frequently before billion in a return of lower taxes, the face an economic decline of substantial S 16466 CONGRESSIONAL RECORD — SENATE November 1, 1995 magnitude. Nearly 17 percent of rural rural areas. LISC deserves particular THE PRELIMINARY IMPACT OF THE SENATE RE- Americans live below the poverty level, praise for taking a leadership role in PUBLICAN WELFARE PROPOSAL ON CHILDREN and across all major racial, ethnic, and organizing and focusing its expertise, (THE WORK OPPORTUNITY ACT OF 1995 (S. 1120)) age groups, these residents are poorer resources, and the marshalling of pub- than those in metropolitan areas and lic and private sector capital on the THE IMPACT ON POVERTY AND INCOME DISTRIBUTION have less opportunity. While most of unique and individual needs of rural the rural poor are working, their wages areas. Rural LISC represents a major On Child Poverty: S. 1120 will push 1.1 million more children are at or below minimum wage. The and significant new public-private rural poor also face a bleak housing into poverty, an increase of almost 11 per- partnership which will direct critical cent in the number of children living below situation—one in four poor rural fami- new investment to rural CDC’s. I em- the poverty line. lies live in substandard housing, and phasize these CDC’s are committed to The child poverty rate will rise from 14.5 nearly half pay over 50 percent of their transforming rural distressed commu- percent to 16.1 percent. (See methodology for income for rent. A lack of human and nities from the grassroots up. a description of the poverty measure used.) financial capital, as well as an inad- On Poverty in Families: equate physical and communications Finally, the Federal Government has An additional 1.9 million persons in fami- infrastructure, compound the economic failed to understand the needed dy- lies with children will fall below the poverty and housing difficulties that face the namic to solve local problems in dis- line. rural poor. tressed communities. Instead of man- The poverty gap for families with children Earlier this month, I chaired a hear- dating one-size-fits-all policies at the will increase $4.1 billion, or 25 percent. As a result, a total of $4.1 billion in additional in- ing before the Senate Committee on Federal level, Congress and the Federal come will be required to bring these families Small Business which focused on pro- Government need to refocus the deci- up to the poverty threshold. posals to revitalize rural and urban sionmaking for local communities On Income Distribution: communities and Paul Grogan, presi- from the Federal Government back to The poorest families will face the largest dent of LISC, provided insightful testi- States and localities. LISC brings to program cuts under S. 1120. In families with mony at that time. At this hearing, we the table expertise and a history of children, those in the lowest income quintile had the opportunity to discuss legisla- will lose an average of almost $800 of their commitment of listening and respond- annual income, or 6 percent. tion I am drafting to target Federal ing to local needs. I expect the rural contracts to small businesses that lo- Eleven percent of families with children in LISC public/private partnership ap- the lowest income quintile will face signifi- cate in economically distressed com- proach to provide a powerful tool and cant losses in annual income of 15 percent or munities, which I call HUBZones. To be model for how best to address the needs more. For families in the lowest quintile, eligible, small businesses would need to of rural areas effectively and effi- who have an average income of $13,400, this hire at least 35 percent of its work ciently. represents a loss of more than $2,000 in an- force from the HUBZone to receive val- nual income. uable preference in bidding on Govern- f The severity of the impact of S. 1120 on ment contracts. I believe this is one poor families exacerbates the deteriorating way the Federal Government can pro- HHS REPORT ON THE SENATE AND economic situation for these families who vide a significant incentive to encour- have lost a greater share of their income in HOUSE WELFARE BILLS the past 15 years than families with higher age small businesses to provide a value income. Income for families with children in added in terms of jobs and investment Mr. MOYNIHAN. Mr. President, a the lowest income quintile has declined by to economically distressed rural com- September 14, 1995, report by the De- 20.7 percent over the period 1979–1990, com- munities. partment of Health and Human Serv- pared to 24 percent growth for families in the I applaud the efforts and commit- ices concludes that the Senate welfare highest income quintile. ment of LISC for establishing the rural bill would push 1,100,000 children into LISC initiative which will be respon- poverty, and that the House bill would TABLE 1.—THE IMPACT OF THE SENATE WELFARE sible for a public-private partnership force 2 million children below the pov- REFORM PROPOSAL ON CHILD POVERTY that will commit over $300 million to 68 erty line. The report, which has not [Simulates effects of full implementation in 1993 dollars] nonprofits in 39 States and Puerto Rico been officially released by HHS, was Current Senate Change for community revitalization efforts in the subject of a front-page news story law proposal current rural areas. LISC has a longstanding in the Los Angeles Times on Friday, commitment to finding new approaches CHILDREN UNDER 18 October 27. The New York Times and Number of people in poverty (in mil- and strategies to address the problems Washington Post ran their own stories lions) ...... 10.1 11.2 1.1 of distressed communities through pub- about the report the next day. Poverty rate (in percent) ...... 14.5 16.1 1.6 lic-private partnerships. Moreover, FAMILIES WITH CHILDREN LISC has long operated as a linchpin to I first learned of the existence of this Number of people in poverty (in mil- report 2 weeks ago, but was unable to lions) ...... 17.1 19.0 1.9 successful community-based invest- Poverty rate (in percent) ...... 11.8 13.2 1.5 ment in urban areas through commu- obtain a copy until last Friday. The ad- Poverty gap (in billions) ...... $16.3 $20.4 $4.1 nity development corporations. I em- ministration had previously refused to ALL PERSONS phasize that I support the need to de- acknowledge that any such report ex- Number of people in poverty (in mil- isted. lions ...... 29.2 30.5 2.3 velop public-private partnerships as Poverty rate (in percent) ...... 10.9 11.7 0.8 the primary vehicle to implement posi- Mr. President, over the years Con- Poverty gap (in billions) ...... $45.9 $52.0 $5.1 tive and community-based policies to gress has on occasion missed opportu- 85tes: Senate Republican welfare reform proposal simulations include the impact of S. 1120, as amended, on AFDC, SSI, and Food Stamps. Model in- address distressed communities, in nities to help our Nation’s dependent corporates a labor supply and state response. both urban and rural areas. For too children, but never before in our his- This definition of poverty utilizes a measure of income that includes case income plus the value of food stamps, schools lunches, housing programs, long, the Federal Government has tory have we calculatedly set out to in- and EITC, less federal taxes to compare to the poverty thresholds. acted as a ‘‘Mother-May-I’’ that has jure them. The administration’s own Source: TRIM2 model based on data from the March 1994 Current Popu- lost touch with the individual needs of analysis shows that this is precisely lation Survey. Prepared on Sept. 14, 1995. individual communities. Most of the what will occur under either bill now TABLE 2.—THE IMPACT OF THE SENATE WELFARE current housing reform legislation, before the conference committee on REFORM PROPOSAL ON FAMILY INCOME whether in through the appropriation welfare. Surely we will not permit this [By Income Quintiles and Family Type Stimulates effects of full or authorization process, recognizes to happen. Surely the President will implementation in 1996 dollars] the need to consolidate housing and not permit this to happen. community development programs and Percent I urge all Senators to read the ad- to redirect the responsibility for deci- Total re- Average Average of fami- ministration’s report, and I ask unani- duction income income lies los- sionmaking from the Federal Govern- in in- under reduc- Percent ing 15% mous consent that it be printed in change ment to State and local governments. come (in current tion per or more RECORD. billions) law family of their In particular, like many urban areas, income the Federal Government has been un- There being no objection, the report FAMILIES WITH CHILDREN able to establish effective policies to was ordered to be printed in the Lowest ...... ¥$6.0 $13,441 ¥$798 ¥5.9 10.9 meet the many and unique needs of RECORD, as follows: Second ...... ¥3.2 21,838 ¥422 ¥1.9 4.2 November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16467 TABLE 2.—THE IMPACT OF THE SENATE WELFARE cent of the cost of the Thrifty Food Plan to The reconciliation bill allows seniors REFORM PROPOSAL ON FAMILY INCOME—Continued 100 percent; include energy assistance as in- to choose coverage options other than come in determining a household’s eligi- [By Income Quintiles and Family Type Stimulates effects of full traditional Medicare fee-for-service. I implementation in 1996 dollars] bility and benefits; Eliminate indexing for one- and two-person households; and Lower support that. But I only support it as Percent age cutoff for disregard of students’ earned an option. Seniors should not be forced Total re- Average Average of fami- income from 21 to 15 years; Require single, into managed care. Unfortunately, the duction income income lies los- in in- under reduc- Percent ing 15% childless adults to work. BELT could ultimately make managed come (in current tion per change or more care the only option for Medicare bene- billions) law family of their TABLE 1.—THE IMPACT OF CONGRESSIONAL PROPOSALS income ficiaries. ON CHILD POVERTY The BELT renders the so-called Third ...... ¥1.1 32,016 ¥150 ¥0.5 0.9 [Simulates effects of full implementation in 1993 dollars] Fourth ...... ¥0.4 45,868 ¥50 ¥0.1 0 choice under Medicare an illusion. Highest ...... ¥0.4 79,154 ¥52 ¥0.1 0 There will be more choice for a short Current House Change Total ...... ¥11.2 38,735 ¥292 ¥0.8 3.2 from cur- time. But then the noose will tighten. law proposals rent law Notes: The comparison shown is between the Senate Republican Leader- It will slowly bleed fee-for-service Med- ship welfare reform proposal and current law. The simulations include the CHILDREN UNDER 18 icare dry. And if we learned anything impact of the provisions in S. 1120, as amended, on AFDC, SSI, and Food Number of people in poverty (in mil- Stamps. Model incorporates a labor supply and state response. lions) ...... 10.1 12.1 2.0 from last year’s health care debate, it The definition of quintile in this analysis uses adjusted family income Poverty rate (in percent) ...... 14.5 17.4 2.9 is that health plans with insufficient and sorts an equal number of persons into each quintile. Adjusted family income is derived by dividing family income by the poverty level for the ap- FAMILIES WITH CHILDREN resources will wither on the vine. And propriate family size. Number of people in poverty (in mil- given yesterday’s remarks by the Source: TRIM2 model based on data from the March 1994 Current Popu- lions) ...... 17.1 20.6 3.5 lation Survey. Poverty rate (in percent) ...... 11.8 14.2 2.4 Speaker of the House, that seems to be Poverty gap (in billions) ...... 16.3 24.5 8.1 what some of my Republican col- ALL PERSONS METHODOLOGY leagues have in mind for the Medicare These preliminary results are based on the Number of people in poverty (in mil- lions) ...... 28.2 32.2 4.0 Program. TRIM2 microsimulation model, using data Poverty rate (in percent) ...... 10.9 12.4 1.5 from the March 1994 Current Population Sur- Poverty gap (in billions) ...... 46.9 55.8 9.9 The BELT promises to make even vey. Overall, these estimates tend to be a Notes: The comparison shown is between Congressional House Repub- more draconian cuts in Medicare fee- conservative measure of the impact of S. 1120 licans proposals and current law. Simulations include the impact of the for-service than the Republicans have on poverty and income distribution. The House of Representatives welfare plan, HR 4 on AFDC, SSI, food stamps, already proposed. As the BELT analysis assumes that states will continue to and housing programs; the EITC proposal adopted by the Committee on Ways and Means; the House of Representatives proposal affecting LIHEAP tightens, Medicare will have fewer re- operate the program like the current AFDC appropriations; and the Budget Resolution proposal concerning federal em- program (i.e., they will service all families ployee pension contributions. Model incorporates a labor supply and state sources to provide needed health care eligible for assistance); that states will response to the welfare block grant. to our parents and grandparents. The This definition of poverty utilizes a measure of income that includes cash, maintain their 1994 spending levels; and that the EITC, less federal taxes, to compare the poverty threshold. quality of Medicare fee-for-service will recipients are not cut off from benefits prior Source: TRIM2 model based on data from the March 1994 Current Popu- deteriorate and seniors will have little to the five year limit. Additionally, the re- lation Survey. Dated on Oct. 2, 1995. choice but to move into managed care. sults are conservative because not all provi- f Medicare fee-for-service will wither on sions are included and because the data do not identify all persons who would poten- EXPENDITURE LIMIT TOOL the vine. tially be affected by the program cuts. The Mr. CONRAD. Mr. President, I rise in During last year’s health debate, we model also assumes dynamic change in the heard a great deal about artificial gov- labor supply response for those affected by strong opposition to the budget ex- penditure limit tool, known as the ernment cost controls. Harry and Lou- the time limit provision, based on the best ise told the Nation that arbitrary cost academic estimates of labor supply response. BELT, that would place artificial price The results compare the impact of the Sen- caps on Medicare and jeopardize the controls could bankrupt the insurance ate Republican welfare reform proposal with quality of the health care received by plans on which millions of Americans current law. The computer simulations in- millions of senior citizens. I ask unani- depend, leaving people without ade- clude the impact of the fully implemented mous consent to have printed in the quate insurance coverage. provisions in S. 1120, as amended, on AFDC, SSI, and the Food Stamp Program in 1996 RECORD at the conclusion of my re- The BELT provision does to Medicare dollars and population. S. 1120 will decrease marks several letters of support for the what Harry and Louise said artificial spending on AFDC-related programs by $8.8 motion I had planned to make to strike cost controls would do to the national billion, in 1996 dollars. Spending on children the BELT. It is imperative that the health care system. It inflicts arbi- formerly eligible for SSI will decline by $1.5 Senate strike this ill-advised provision trary cost controls on Medicare at a billion. The Food Stamp Program will be re- in order to preserve Medicare bene- moment’s notice, and without congres- duced by $1.5 billion. ficiaries’ ability to choose their own The poverty analysis is displayed in 1993 sional oversight. And it will force sen- dollars. The definition of poverty in this doctor and health plan. iors into health care plans that may analysis utilities a measure of income that The PRESIDING OFFICER. Without not meet their needs. objection, it is so ordered includes cash income plus the value of food The letters I have entered into the stamps, school lunches, housing programs, (See exhibit 1c) RECORD expressed the concern of bene- and the EITC less federal taxes. This income Mr. CONRAD. In the interest of time, is then compared to the Census Bureau’s the point-of-order I had planned to ficiaries and providers, alike, that the poverty thresholds, adjusted for family size. make against the BELT provision has BELT will erode the integrity of Medi- For example, a family of three today (1995), been included in the omnibus Byrd rule care. The American Association of Re- is living in poverty with the income below point of order being made by Senator tired Persons, National Council of Sen- $12,183; a family of four with income below EXON. However, I believe it is impor- iors Citizens, American College of Phy- $15,610. tant to highlight the impact of the sicians, Healthcare Association of New The following are the specific provisions of York State, and North Dakota Hospital S. 1120 that were modeled (these provisions BELT, because it is a potential disaster may not reflect the final version of the Sen- for the Medicare Program and has not Association are only a handful of those ate welfare reform bill): received anywhere near the attention who have expressed opposition to the AFDC it deserves. BELT. The Congressional Budget Office Reduce AFDC spending as a result of the The BELT amounts to what many of has also said the BELT is unworkable block grant; Limit receipt of AFDC benefits us have called a noose around the and unwise, and I ask unanimous con- to five years with a 15 percent hardship ex- necks of older Americans. The BELT sent that CBO’s analysis also be in- emption; Deny benefits to immigrants; and imposes artificial price caps on Medi- cluded in the RECORD. Eliminate $50 child support disregard. Deny benefits to immigrants; and Deny care for the first time in history. And Mr. President, the BELT has no place benefits to some children formerly eligible rather than work in a balanced fashion, in this bill. It promises to erode and because of changes in the definition of dis- the BELT only attacks fee-for-service eventually destroy the integrity of abilities. Medicare. It cuts fee for service and ul- Medicare fee-for-service. I hope my col- STAMPS timately forces seniors to use health leagues will support the point of order Reduce the standard deduction; Reduce plans they don’t want and doctors they and strike the BELT provision from benefits to eligible households from 103 per- don’t know. the bill. S 16468 CONGRESSIONAL RECORD — SENATE November 1, 1995

EXHIBIT 1 devastating to the health care delivery sys- formed’’ Medicare program. Average-to- NORTH DAKOTA HOSPITAL ASSOCIATION, tem. The $270 billion of Medicare cuts that lower income Medicare beneficiaries would Bismarck, ND, October 25, 1995. would be required by the legislation would be forced from fee-for-service into cut-rate, Senator KENT CONRAD, reduce Medicare hospital payments by more managed care programs. Hart Senate Office Building, than $86 billion over the next seven years. Senator, a ‘‘choice’’ you can’t afford is no Washington, DC. Reductions of this magnitude, combined choice at all. DEAR KENT: The members of North Dakota with $182 billion in proposed Medicaid cuts, We support your motion. Hospital Association are in strong support of would jeopardize the ability of health care Sincerely, your amendment to strike the Medicare providers to adequately care for our nation’s DANIEL J. SCHULDER, Budget Enforcement Limiting Tool (BELT) senior citizens. Director, Department of Legislation. from the Senate Reconciliation Bill. The Medicare BELT provision could exac- erbate these already tremendous reductions. It is our understanding that the proposed AARP, By placing absolute Medicare spending lim- Senate Republican Medicare legislation to Washington, DC, October 26, 1995. its in the statute, health care providers that reach $270 billion in Medicare cuts reduces Hon. KENT CONRAD, will already be receiving payment updates payments to hospitals by more than $86 bil- U.S. Senate, that do not keep pace with inflation could be lion over seven years. On top of that, legisla- Washington, DC tion has been proposed to also reduce Medic- faced with additional reductions—even if cost overruns are due to conditions beyond DEAR SENATOR CONRAD: I am writing to ex- aid funds to hospitals by $182 billion during press AARP’s appreciation for the amend- that same amount of time. The magnitude of providers control. There are many factors that contribute to ment you are planning to offer to strike the these reductions causes great concern for Budget Enforcement Limiting Tool (BELT) North Dakota, which has a large and growing increases in Medicare spending that can not be predicted in advance with absolute cer- from the Medicare provisions of the Senate population of citizens over 65 years of age. budget reconciliation bill. The BELT pro- In visiting with our administrators, they tainty. Placing the weight of a Medicare global budget on the backs of health care posal would reduce traditional Medicare Fee- are hard pressed to understand how they can for-Service (FFS) provider reimbursements if cut budget or plan to serve this population providers could mean absolute rate cuts and threaten the solvency of many hospitals, Medicare spending in a fiscal year is pro- and others, when the BELT provision would jected to exceed an arbitrary amount set in entail additional reductions based on wheth- nursing facilities, home-health agencies, and other health care providers. It is critical the bill. The Congressional Budget Office er or not certain savings are achieved. (CBO) estimates that the provisions con- A number of our facilities, Cavalier County that the BELT provision be dropped from Senate Medicare legislation and HANYS sup- tained in the bill would meet the budget res- Memorial Hospital in Langdon; Jamestown olution target of saving $270 billion over the Hospital in Jamestown, Tioga Medical Cen- ports your efforts. Sincerely, period between 1996 and 2002 and that the ter in Tioga and Carrington Medical Center BELT would not be required. However, the in Carrington have all publicly expressed STEVEN KROLL, Director of Federal Relations. CBO estimate assumes that the plan works, concerns that the amount of proposed reduc- that is, that there is sufficient migration tions, with lookbacks added, will mean that AMERICAN HOSPITAL ASSOCIATION, into managed care, that the provider reduc- in seven years they cannot guarantee that tions and increased premiums and their doors will be open. Washington, DC, October 25, 1995. Senator KENT CONRAD, deductibles control Medicare spending and Half of our facilities are co-located with that CBO’s baseline assumptions are correct. and include long-term care facilities. Those Senate Hart Building, Washington, DC. DEAR SENATOR CONRAD: We are pleased to If any of these variables are incorrect, then that care for a large percentage of Medicare lend our strong support for your amendment the formula-driven BELT would reduce FFS patients in their hospital and mostly Medic- to strike the budget expenditure limiting spending to meet the targets set in the bill. aid supported residents in their nursing tool (BELT) from the budget reconciliation Formula-driven approaches to budget cut- homes will receive a double hit from which bill. ting have always concerned AARP, in part, they also might not be able to recover. In a As you know, the bill calls for reductions because of the rigidities they build into the rural state like ours, you can imagine that of $86 billion in hospital services over seven system and their inherent potential for error access becomes a critical issue if a void is years. This unprecedented level of reductions and misestimation. This bureaucratic mech- left in an area where distances can mean the in the Medicare program will have a dra- anism is one of many in the huge 2,000 page difference between life and death. matic impact on the ability of hospitals budget bill that the public knows nothing It seems grossly unfair to single out across the nation to continue to provide high about. Older Americans will only find out healthcare providers as the group responsible quality care, not only to Medicare bene- about in after the Senate acts. for obtaining savings not achieved. It also ficiaries but to all our patients. If the BELT seems grossly unfair to ask a particular seg- Congress has structured this bill to create remains part of the bill, providers could be incentives for beneficiaries to move into ment of the business world in our country to exposed to unlimited additional payment re- operate with a system in which orderly busi- commercial health insurance plans and has ductions beyond the deep cuts already pro- capped the growth of premiums paid into ness operations would be interrupted based posed. on a compliance order not determined until those plans. The BELT provision would then We are not only concerned about potential cap the FFS part of the program. AARP is the very last minute. additional reductions, but also that these re- Our facilities are operating as cost-effi- concerned about what kind of coverage will ductions would be made for reasons beyond be available at the turn of the century. Will ciently as possible, while still maintaining hospitals’ control. For example, if certain re- the quality expected of them by their pa- providers still be willing to see patients in a forms not related to hospital behavior do not FFS setting? Will commercial health plans tients. We feel it is imperative to the sol- achieve the level of savings estimated by the vency and survivability of many of our pro- be willing to offer comprehensive coverage Congressional Budget Office, then hospital without huge out-of-pocket costs for bene- viders that the BELT provision be excluded. payments would be arbitrarily cut. That’s NDHA supports your efforts and hopes your ficiaries? Will Medicare still be able to meet simply unfair given the $86 billion cut we are the health needs of older Americans? fellow legislators will understand how det- already being asked to absorb. rimental this provision would be to the Even CBO, in a letter to Chairman Roth In addition, we believe the current struc- healthcare facilities in our state and also dated October 20, 1995, states that the ‘‘use of ture of the BELT contains silent beneficiary support you in this effort. the BELT would not be necessary.’’ costs. For instance, under the Senate bill the Sincerely, Thank you for your leadership on this im- Part B premium is expected to cover 31.5 per- ARNOLD R. THOMAS, portant issue. cent of Part B annual spending. However, be- President. Sincerely, cause the Senate writes the dollar amount of RICK POLLACK, the premiums into law, rather than the per- HEALTHCARE ASSOCIATION Executive Vice President. centage, and if the BELT is tightened and OF NEW YORK STATE, program spending is lowered, these stated Washington, DC, October 24, 1995. NATIONAL COUNCIL premiums would account for more than 31.5 Senator KENT CONRAD, OF SENIOR CITIZENS, percent of annual spending. This silently Hart Senate Office Building, Washington, DC, October 26, 1995. shifts more costs onto beneficiaries. Washington, DC. Hon. KENT CONRAD, The same problem occurs with the Part A DEAR SENATOR CONRAD: On behalf of the U.S. Senate, Senate Office Building, Washing- hospital deductible. The deductible is based, Healthcare Association of New York State, ton, DC. in part, on Medicare’s payment to hospitals. representing over 400 hospitals and health DEAR SENATOR CONRAD: The National If the deductible is calculated before the care providers, I would like to take this op- Council of Senior Citizens supports your mo- BELT reduces Part A spending, it would be portunity to express our support for your tion to strike from the Medicare section of based on a higher payment amount and amendment to the Senate Budget Reconcili- the Reconciliation bill the ‘‘BELT’’ provi- would, in turn, shift more costs onto Medi- ation Bill that would strike the Medicare sion. This provision would severely cut re- care beneficiaries. Budget Enforcement Limiting Tool (BELT). sources from the traditional Medicare fee- AARP supports your amendment to strike The Senate Republican Medicare legisla- for-service program and would restrict the the BELT provision from the Medicare Rec- tion currently under consideration will be range of ‘‘choices’’ generated by the ‘‘re- onciliation bill. We feel that the long-term November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16469 risks to the program and the silent costs it lays in a given two year period would not ex- ments would add another layer of complexity imposes on beneficiaries would be unfair. ceed the Medicare outlays specified in the to the whole process. Older Americans already pay a lot out of bill for that period. The budget expenditure Rate adjustments under the BELT could be their own pockets for medical care—$2,750 on limiting tool (BELT) would operate both pro- both frequent and inaccurate, and could in- average in 1995 alone—not including the spectively and retrospectively to control fee- crease uncertainty among providers. The Oc- costs associated with long-term. The Senate for-service expenditures. Expenditures in the tober adjustment would be based on incom- bill already increases Part B premiums and Choice market would not be directly affected plete data for the previous fiscal year, and deductibles and includes a new income-relat- because they would be determined by the up- no data for the current year. Although more ed premium. Adding hidden costs would add dates to capitation rates specified in the bill. complete data would be available for the to this out-of-pocket burden. Overview of the BELT March adjustment, it would still include less Thank you, again, for your leadership on The BELT would reduce fee-for-service than six months of data from the current this amendment. Please feel free to contact payment rates in order to eliminate any esti- year. Even minor discrepancies between the me (434–3750) or Tricia Smith (434–3770) if you mated Medicare ‘‘outlay deficit’’. A Medicare October and March projections would lead to would like to discuss this amendment fur- outlay deficit would occur if spending in fee- payment rate adjustments under the BELT. ther. for-service Medicare for the current year and Frequent, unpredictable changes in payment Sincerely, preceding one exceeded the combined outlays rates could interfere with the orderly busi- MARTIN CORRY, for those years specified in the bill. On Octo- ness operations of providers. Director, Federal Affairs. ber 15 of each year, the Office of Manage- The proposal also raises other issues of im- ment and Budget (OMB) would report wheth- plementation. Compliance orders issued in AMERICAN COLLEGE OF PHYSICIANS, er a Medicare outlay deficit was projected October and March are intended to be effec- Washington, DC, October 26, 1995. for that fiscal year. If so, a compliance order tive immediately. Even if formal public noti- Hon. KENT CONRAD, would be issued that would first require all fication requirements were waived, however, U.S. Senate, Hart Senate Office Building, automatic payment-rate updates to be frozen carriers and fiscal intermediaries would pre- Washington, DC. or reduced. If a freeze was insufficient to sumably require some advance notice. More- DEAR SENATOR CONRAD: As the Director of keep projected spending within the budget over, the first steps in a compliance order Public Policy for the American College of would be to freeze or reduce automatic pay- Physicians (ACP), I am writing to express targets, proportional reductions would be made in payment rates for all providers. ment updates. But those updates do not gen- the ACP’s support for your amendment to erally occur at the beginning of the federal eliminate the budget expenditure limit tool The following March, OMB would release a report comparing current estimates of Medi- fiscal year. Updates for Part B payment (BELT) from the Medicare reform legislation rates, for example, are made on a calendar currently pending before the Senate. care spending with the estimates released in October. If a compliance order was in effect year basis while those for inpatient hospital The ACP is the nation’s largest medical operating payments are made at the begin- specialty society and has more than 85,000 for the year and the March projection con- tinued to show a Medicare outlay deficit ning of each hospital’s fiscal year. How members who practice internal medicine and across-the-board cuts in payment rates from its subspecialties. The College has consist- through the end of the year (despite previous rate reductions), the Administration would the BELT would be integrated with the ex- ently objected to the BELT provisions in the isting update policy is unclear. legislation because they establish arbitrary order further reductions in provider payment budget limits that dictate future payment rates for the remainder of the fiscal year. f amounts and impose price controls. These Conversely, if the March projection indicates provisions make the simplistic and incorrect that current payment rates would more than THE BAD DEBT BOXSCORE eliminate the Medicare outlay deficit, those assumption that spending increases, regard- Mr. HELMS. Mr. President, the im- less of cause, should be recouped by lowering rates would be raised for the remainder of the fiscal year. pression will not go away: The $4.9 tril- payments to hospitals, physicians, and other lion Federal debt stands today as a sort providers. Following the release of OMB’s October Rather than arbitrary price controls, the and March reports, the Congress would have of grotesque parallel to television’s en- College believes that the more effective way a limited time in which to seek modifica- ergizer bunny that appears and appears to achieve cost containment in the Medicare tions to compliance orders. At least 60 per- and appears in precisely the same way program, is to address the long-term factors cent of the members of each House would be that the Federal debt keeps going up that contribute to excess capacity and inap- required to approve provisions that would ei- ther lower the target reduction in spending and up and up. propriate utilization of services. Politicians like to talk a good Thank you for your attention to this im- or reduce the proposed payment reductions portant matter. to less than the amounts necessary to elimi- game—and talk is the operative word— Sincerely, nate the projected excess spending. about reducing the Federal deficit and HOWARD B. SHAPIRO, After fiscal year 1999, the Secretary of bringing the Federal debt under con- Director, Public Policy. Health and Human Services could vary the trol. But watch how they vote. Control, adjustments in payment rates—in a budget- Mr. President. As of Tuesday, October neutral way—to take geographical dif- U.S. CONGRESS, 31 at the close of business, the total CONGRESSIONAL BUDGET OFFICE, ferences into account. The Secretary would be required to relate such variations to the Federal debt stood at exactly Washington, DC, October 20, 1995. $4,985,262,110,021.06 or $18,924.14 per Hon. WILLIAM V. ROTH, Jr., contributions of different areas to excess Chairman, Committee on Finance, U.S. Senate, Medicare expenditures. man, woman, child on a per capita Washington, DC. Effects of the BELT basis. Res ipsa loquitur. DEAR MR. CHAIRMAN: The Congressional CBO’s estimates assume that the specific Some control. Budget Office (CBO) has prepared the en- policies to reduce Medicare spending in the f closed cost estimate for the Medicare rec- bill would be sufficient to meet budget tar- onciliation language reported by the Senate gets, and that use of the BELT would not be TRANSPORTATION APPROPRIATIONS CONFERENCE REPORT Committee on Finance on October 17, 1995. necessary through 2002. If the BELT was ntinued<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[]Ø—‘abcdefghijklmnopqrstuvwxyz ∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑ £∑∑∑∑∑∑∑∑∑Ωh ∑∑∑∑æ∑∑∑∞∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑§¶x∑—ContinuedS 16469 The estimate shows the budgetary effects triggered, however, it probably would not be of the committee’s proposals over the 1996– effective in controlling Medicare expendi- Mr. SPECTER. Mr. President, as a 2002 period. CBO understands that the Com- tures. member of the Senate Subcommittee mittee on the Budget will be responsible for Uniform, across-the-board payment rate on Transportation Appropriations, I interpreting how these proposals compare reductions that would be required by the am pleased to speak in support of the with the reconciliation instructions in the BELT to meet a dollar savings target would budget resolution. fiscal year 1996 Transportation appro- not have uniform impacts on all providers, priations conference report. This is an This estimate assumes the reconciliation and would be extremely difficult to imple- bill will be enacted by November 15, 1995; the ment. A given percentage reduction in pay- important piece of legislation, provid- estimate could change if the bill is enacted ment rates might be more or less stringent ing $37.5 billion for purposes including later. depending on the ability of different provid- funding our Nation’s highway, rail, and If you wish further details on this esti- ers to adjust by increasing the volume and air transportation infrastructure, mass mate, we will be pleased to provide them. intensity of services they provide. Determin- transit, Amtrak, and pipeline safety. Sincerely, ing appropriate across-the-board reductions This legislation will keep Americans JUNE E. O’NEILL, in payment rates to meet the budget targets Director. on the move, create jobs, and improve would be complex, because estimators would our infrastructure, resulting in addi- Enclosure. have to take into account the variation in FAIL-SAFE MECHANISM (BUDGET EXPENDITURE behavioral responses from different provider tional environmental and energy bene- LIMITING TOOL) groups when faced with the same propor- fits. The proposal incorporates a complex mech- tional reductions in payment rates. Allowing I commend Chairman HATFIELD and anism designed to ensure that Medicare out- geographic variation in payment rate adjust- our ranking minority member, Senator S 16470 CONGRESSIONAL RECORD — SENATE November 1, 1995

LAUTENBERG, for their efforts in nego- to go to school in some areas. Without ORDER OF PROCEDURE tiating this comprehensive bill and for affordable mass transit people in Mr. DOLE. Mr. President, let me in- recognizing the particular importance America’s inner cities can’t get to dicate to my colleagues that we are not of some provisions to Pennsylvania, in- work. Congress has been considering going to proceed on the instructions to cluding highway and transit funding welfare reform and requirements that conferees at this point on the so-called levels. people have jobs. If they can’t afford to reconciliation package. We may do it Given the difficult budget con- get to work, or bus routes are cut, we the next day. We may do it next week, straints faced by the subcommittee, I are just making it that much harder am particularly pleased that the bill but not today. It seems to me that we for lower income Americans to get off need to first talk to the President of provides $750 million for Amtrak, in- welfare. cluding improvements to the Northeast the United States. Hopefully, we will corridor. Amtrak service is essential to Although I am troubled by the extent get to do that this afternoon. Pennsylvanians and I have long of the mass transit assistance cuts, on One of the things the President com- stressed the importance of ensuring the balance the Transportation appropria- plained about is that we are not pass- viability of a truly national passenger tions bill is a good bill, containing ing appropriations bills. I would like to rail service. much else of importance to Pennsylva- now turn to the conference report to The conference report has also adopt- nia and the Nation, and that is why I accompany the foreign operations ap- ed a $1.45 billion funding level for air- supported the conference report as a propriations bill, if there is no objec- port construction grants-in-aid, $200 conferee. However, I intend to keep up tion. million more than the Senate version my efforts next year to preserve fund- Mr. DASCHLE. Mr. President, Sen- of the bill. The statement of managers ing for mass transit, and to work with ator DOLE, the majority leader, and I directs the Federal Aviation Adminis- our chairman to ensure that Congress had the opportunity to talk yesterday. tration to fairly consider a letter of in- does not go too far, too fast in reducing It was my understanding that we were tent application from Philadelphia assistance to transit agencies through- going to go to the conference. I under- International Airport, which has out the Nation. stand his reasons for delaying the con- sought funding for construction of a In closing, Mr. President, I would sideration of the conference matters new runway. note that the conference report con- until a later time, subject to discussion Given the significance to Pittsburgh tains a provision on telecommuting with the President. of the airport busway project, I am that I authored, section 345, which re- I am disappointed that we have not very pleased that the conference report quires the Secretary of Transportation had the opportunity to talk about this provides $31.6 million for fiscal year to study successful private and public until this very moment. But I would 1996 to continue construction. I urged sector telecommuting programs and to hope that if we would go to the foreign our subcommittee to provide this level disseminate to the general public and operations and work through it in good of funding because this project will to Congress information about the ben- faith, there is no reason why—I know ease traffic congestion between down- efits and costs of telecommuting. As there are some difficult issues out town and the Pittsburgh International my colleagues are aware, telecommut- there that we are going to have to ad- Airport and will mitigate the impact of ing is the practice of allowing people to dress, but I know the majority leader is the Fort Pitt Bridge closing, which work either at home or in nearby cen- cognizant of our schedule this evening. would otherwise create a monumental ters located closer to their home dur- I hope we can accommodate that sched- headache for Pittsburgh residents. ing their normal working hours, sub- ule. I will work with him to see that we With spending cutbacks in so many stituting telecommunications services, can work through this bill and deal areas, we are fortunate to get this sub- either partially or fully, for transpor- with the issues that we must confront stantial amount of funds for the tation to the traditional workplace. I prior to the time we resolve this mat- busway, which means so much to peo- believe that it is in the national inter- ter. ple who live in the Pittsburgh area. est to encourage the use of This is one of the bills that the Presi- I remain disappointed that the con- telecommuting because it can enable dent has indicated that he ought to be ference report only provides $400 mil- flexible family-friendly employment, able to support and sign. But, obvi- lion for mass transit operating assist- reduce air pollution, and conserve en- ously, there are some troubling issues ance, which will lead to cuts of as ergy. Further, as a Senator from Penn- that we have to work through, and we much as 40 percent for some transit sylvania, with major urban areas such will do that. systems. In fiscal year 1995, transit sys- as Pittsburgh and Philadelphia, I rec- With that understanding, I have no tems received $710 million in Federal ognize there is a real need to improve objection to moving to the foreign op- operating assistance, which they used the quality of life in and around Ameri- erations legislation. to keep fares down and maintain serv- ca’s cities. Mr. DOLE. I appreciate the Demo- ice. On August 9, my distinguished col- According to a July, 1994 Office of cratic leader, Senator DASCHLE’s co- league from Pennsylvania, Senator Technology Assessment report, be- operation. I was not aware of the other SANTORUM, and I offered an amendment tween 2 to 8 million American workers until about 11:50. I will talk to the Sen- to restore $40 million to the $400 mil- ator privately about it. Senator DO- lion provided in this bill for mass tran- already telecommute at least part time. A 1994 survey by the Conference MENICI came to my office, and he feels sit operating assistance. Unfortu- that, at least as far as today is con- nately, our amendment was defeated Board found, however, that in 155 busi- nesses nationwide, only 1 percent of cerned, there is something else that is by 68 to 30. more important than discussing a mo- As always, I remain committed to employees telecommute, although 72 percent of the businesses had such an tion to instruct conferees. So we do the millions of Pennsylvanians and now have consent to go to the foreign other Americans who rely on public option. According to the Office of Technology Assessment, the most sig- operations appropriations bill. There is transit to commute to work, shop, and one amendment in disagreement. carry on their lives. Mass transit oper- nificant barriers to telecommuting are We will accommodate the schedule ating assistance keeps the Nation mov- business and worker acceptance and this evening, whatever happens. ing by keeping fares lower and main- costs. My provision responds to the taining existing routes. Pennsylvania’s need to broaden public awareness of Mr. DASCHLE. I thank the majority citizens and communities depend on the benefits and costs of telecommut- leader. good public transportation for mobil- ing, and to identify and highlight suc- f ity, access to jobs, environmental con- cessful programs that can be dupli- trol, and economic stability. It lets the cated. FOREIGN OPERATIONS, EXPORT elderly visit their health care provid- Mr. President, the fiscal year 1996 FINANCING, AND RELATED PRO- ers, shops, or friends. In rural areas, Transportation appropriations con- GRAMS APPROPRIATIONS ACT, buses are essential to reduce isolation ference report is worthwhile legislation 1996—CONFERENCE REPORT and ensure economic development. and deserves to be signed into law by Mr. DOLE. Mr. President, I submit a And, children use public transportation the President. report of the committee of conference November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16471 on H.R. 1868 and ask for its immediate any cost or without regard to its im- However, there are those cases where consideration. pact on people and industry. Issues there are substantial, compelling in- The PRESIDING OFFICER. The re- such as impracticality and the loss of dustry-specific economic, trade or pro- port will be stated. markets to U.S. firms were paramount duction factors that call for a soft-met- The legislative clerk read as follows: in the minds of everyone aware of this ric conversion. Industries that would The committee on conference on the dis- language. Without these important bear unreasonable burdens in switching agreeing votes of the two Houses on the considerations, the metric language to hard-metric should instead be al- amendments of the Senate to the bill (H.R. would not have remained in the bill to lowed to convert to soft-metric. 1868) making appropriations for foreign oper- become law. ations, export financing, and related pro- The Federal Government should re- Yet, we see today that Federal con- frain from developing or using designs, grams for the fiscal year ending September struction procurement policy for the 30, 1996, and for other purposes, having met, or requiring bids for hard-metric prod- after full and free conference, have agreed to various departments and agencies is ucts when a soft-metric conversion is recommend and do recommend to their re- completely ignoring this language and technologically feasible and certain spective Houses this report, signed by all of pushing ahead with metrication poli- other criteria relating to specific small the conferees. cies without any formalized plans for business, trade and economic criteria avoiding the pitfalls. In fact, they are The PRESIDING OFFICER. Without are present: objection, the Senate will proceed to going far beyond the level of The product is not available from at the consideration of the conference re- metrication called for in the trade least 50 percent of the production sites, port. bills, and that is causing staggering or hard-metric product does not con- (The conference report is printed in problems for some industries. These stitute at least 50 percent of the total the House proceedings of the RECORD of problems are compounded by Federal domestic production, and; October 26, 1995.) procurement policies that hinder in- Mr. BURNS addressed the Chair. dustry rather than promote trade. A hard-metric conversion would re- The PRESIDING OFFICER. The Sen- Simply converting an industry to quire small manufacturers of a product ator from Montana. metric units of measurement is usually to spend more than $25,000 to purchase Mr. BURNS. Mr. President, I ask not a major problem. Converting the new equipment, and; unanimous consent to proceed as in numbers from inches and pounds to The economics and customs of the in- morning business for 15 minutes. millimeters and kilograms is a dif- dustry are such that any offsetting The PRESIDING OFFICER. Without ference on paper which can be made by trade benefits would be negligible, or objection, it is so ordered. editing the marketing literature and that hard-metric conversion would ei- The Senator from Montana is recog- computer design programs. The phys- ther substantially reduce competition nized. ical size of the product remains the for federally assisted contracts or Mr. BURNS. I thank the Chair. same. This is known as a soft-metric would increase the per-unit cost to the Mr. BURNS. Mr. President, I would conversion, and does little to interfere taxpayers, or that hard-metric conver- like to talk about yet another example with efficient and well-established pro- sion would place small domestic pro- of Federal bureaucratic actions made duction practices or costs. The Govern- ducers at a competitive disadvantage without regard for the will of the peo- ment is allowing a soft conversion for to foreign competitors. ple, the will of the Congress, the good most construction industries. of the country and basic common The problem is that some industries Mr. President, metrication may well sense. We need to restore a degree of have been targeted to do more than use have merit on paper and may have sensibility and sanity to the manner in metric units of measurement; they are some positive impact on American which this country gradually converts being required to change the size of business generally. Gut it is difficult to to the metric system. their products as well. This is called a say how much, if any, impact it is hav- The 1988 trade bill contained lan- hard-metric conversion, and it can ing on business. Business is usually guage which established the metric throw existing production practices good at making decisions based on system as the preferred system of into an uproar. At this point, industry sound-business sense. Which is more measurement for the United States. is forced to change production prac- than I can say for the Federal Govern- Why was the language on the trade tices. Even a minute change in size re- ment in this case. bill? The rationale was that it would quired by the Federal Government can We need to move legislation quickly, improve the ability of American com- force a business to completely retool since I am aware that several Federal panies to export goods to metric-based and deal with all the problems with agencies are actively pursuing the de- countries if American firms could be managing a second, hard-metric inven- velopment of hard-metric designs to be moved to produce those goods in met- tory of goods. This is Federal bureauc- used on federally assisted construction. ric versions. racy run amok. Federal agencies should strongly con- The principal tool for urging Amer- And who picks up the tab for this in- sider putting their design and bidding ican companies to switch to the metric trusive Government policy? The tax- efforts on hold if they involve hard- system has been to use government payer, that is who. Converting to hard- metric product. procurement policy. The trade bill in- metric will add to the cost of Federal I ask unanimous consent to have a cluded language ‘‘to require that each contracting jobs. And the industry will letter printed in the RECORD. Federal agency, by a date certain and be forced to pass along the conversion There being no objection, the mate- to the extent economically feasible by costs to the Government and on down rial was ordered to be printed in the the end of the fiscal year 1992, use the to the taxpayer. Under hard- RECORD, as follows: metric system of measurement in its metrication, the taxpayers are forced NATIONAL procurement, grants, and other busi- to pay a hefty ‘‘metric premium,’’ CONCRETE MASONRY ASSOCIATION, ness-related acdtivities * * *.’’ whether they want to or not. Herndon, VA, October 26, 1995. The problem I am addressing today Mr. President, it is time to pass leg- Hon. CONRAD BURNS, arises from the unfortunate fact that islation that will take away the ability U.S. Senate, the Federal agencies responsible for of the Government in Washington DC, Washington, DC. implementing the metric policy either to send whole established industries DEAR SENATOR BURNS: I am very pleased to forgot to read or are completely ignor- into a tailspin, to put small businesses learn that you have taken note of the plight ing the remainder of the above sen- out of the running for Federal con- the concrete masonry (C/M) industry is fac- tence: ‘‘* * * except to the extent that tracts, and force the taxpayers to foot ing with regard to the hard-metric con- such use is impractical or is likely to the bill for a warped view of metric pu- version the federal government is forcing on cause significant inefficiencies or loss rity. our producers. I would like to take this op- There does not need to be a wholesale portunity to explain why hard-metric con- of markets to U.S. firms, such as when version is terrible public policy, why it is so foreign competitors are producing com- attack on the metric system. It is true bad for the C/M industry, for the federal pro- peting products in nonmetric units;’’ that many industries can convert to curement agents and for the taxpayers, and Congress never intended for the the metric system with little or no why a soft-metric alternative is absolutely switch to metrication to be forced at trouble or expense, and that is fine. imperative. S 16472 CONGRESSIONAL RECORD — SENATE November 1, 1995 Concrete masonry is the industry term for plete a typical large, complex federal con- I understand that federal contracting agents concrete brick and block. It is a very com- struction project. Individual C/M producers are willing under the metrication policy to mon, basic building component and is essen- have told me it could cost between $250,000 accept higher bids in order to obtain hard- tially a commodity. It is made by pouring and $300,000 per producer to buy a complete metric product—a ‘‘metric premium’’ in the concrete into molds of various shapes and compliment of hard-metric molds. NCMA has range of 1 to 5 percent. They have to because sizes, and then drying the product for the estimated that if the entire domestic C/M in- hard-metric product is often in very short requisite amount of time. Over the course of dustry shifted to hard-metric production, it supply or non-existent. decades, the industry has developed uniform would cost between $250 million and $500 mil- It gets worse. There are rumors that this shapes and sizes that are common through- lion. metric premium may quietly but quickly get out the construction industry. All C/M man- That makes the government’s eighth of an out of hand. During a June hearing before ufacturers have purchased and maintain inch for hard-metric the most expensive the House Science Subcommittee on Tech- complete sets of molds to make the product, eighth of an inch in American history. nology, chaired by the Honorable Connie and they maintain inventories of various Let’s keep in mind that a hard-metric Morella, Mrs. Morella told one of the wit- shapes and sizes. block is not stronger, not safer, not more du- nesses that she had heard that a new ad- Virtually all the producers in the country rable, not more resistant to fire nor more en- vanced technology laboratory being con- make product based on the English foot- ergy efficient nor more anything useful. Per- structed at NIST near Gaithersburg, Mary- pounds system. That is because virtually the haps that is the reason why there is no de- land is being built to hard metric specifica- entire American market uses English-based mand whatsoever in the American private tions, and that GAO estimates the additional block. The standard concrete block everyone sector for hard-metric concrete block. No- cost will be 20 or 25 percent. The witnesses knows is 8″ x 8″ x 16″. body wants it because there is no reason to did not deny that this was the case. Even though the long history of the C/M want it. The only difference is that it is Just how serious is the issue of reduced industry is based on the English system, it more expensive, hard to find and difficult to competition for bids? NCMA recently sent a would be fairly simple to convert to the met- produce. metrication questionnaire to the 798 C/M ric system of measurement—if that were all Requiring a business like the C/M industry producers it knows to exist throughout the that Federal procurement officers required. to convert to hard-metric shows an amazing country. 398 responded, an astonishing re- The C/M industry has made it very clear that lack of knowledge about or concern for the sponse rate of 49 percent, which gives some it can convert to the metric system imme- industry itself. Let’s keep in mind that the idea of how important this issue is to the in- diately if that will satisfy the government’s rationale behind the metric language in the dividual companies. Of those companies re- requirement for metrication. All our produc- Trade Bill was to promote the trade stance sponding, I said it currently makes hard- ers have to do is express the standard con- of American companies. It so turns out that metric block, 397 said they do not. Only two crete block in metric dimensions, 194mm x concrete masonry is only rarely traded in companies said they have hard-metric molds 194mm x 397mm. That only requires a change international commerce and is nearly never onsite to make the product. It is likely there in our sales materials and some basic transported overseas. In addition, this is an are others who can make the product, but it changes in our computer design programs. industry whose product is so much like a is very clear that there is precious little Changing the unit of measurement without commodity that the average profit margin availability of the product the government is changing the physical size is referred to as a per unit is 2 cents. The economics of the in- asking for in the country today, and little soft-metric conversion. dustry are such that it isn’t feasible to ship capacity to make it. However, the C/M industry is being told by block to Europe or Japan or anywhere be- Recently, I was contacted by a contracting federal contracting agents that converting yond the border regions of Canada and Mex- agent for the Centers for Disease Control in to metric is not enough, that they want the ico. Most block is used within 50 miles of the Atlanta. He had a big hard-metrication prob- industry to actually change the size of its point of production. Any trade benefit that lem of his own. It seems he had made calls to product to achieve metrication and round might offset initial costs for other industries 32 block manufacturers to determine avail- numbers. Changing the physical size of the is utterly negligible for the block industry. ability of concrete masonry. All 32 said they product in addition to changing the unit of But the consequences of this policy get could provide all the block the CDC would measurement is called a hard-metric conver- even worse. The vast majority of C/M produc- need, and at competitive prices. But when sion. ers in America are small, often family-held the CDC agent asked whether the companies There is nothing whatsoever in any legisla- businesses. In NCMA, 62 percent of all of our could supply hard-metric block, immediately tion requiring a hard-metric conversion of member companies have one block-making all but 6 of the companies dropped out. Of any product. The words do not appear in any machine. These companies will immediately the remaining six, 3 said they could provide bill or any statement of policy by Congress. be pushed out of the market for federal gov- soft-metric block. The last 3 companies indi- There is no legislative history showing any ernment contracts, the first victims of an cated they might do whatever it takes to win desire by any elected official to force any in- economically negligent metrication policy. the bid, but the agent believed that none of dustry to change the size of its products or There is no means by which many smaller those companies presently have hard metric to radically change their production prac- businesses can hope to recoup the huge cap- capability. tices. If anything, the legislative history of ital outlay required to start up an entirely Clearly, the taxpayers will pay more per the 1988 Trade Bill and the metric language new line of products merely to satisfy the unit, enjoy less competition and have far attached thereto clearly indicates that this hard-metric preferences of federal bureau- fewer sources of product than can be had kind of intrusion into industry activity was crats. There is virtually no private sector de- using a soft-metric conversion. Indeed, fed- exactly what the Congress was trying to mand for hard-metric product, so any income eral procurement policy staff have told me avoid. to offset the capitalization cost would have their design staff are currently designing According to publications issued by the to come from the occasional federally-as- projects in hard-metric block even though Construction Metrication Council, a group of sisted project. Federally-assisted construc- they have no idea where they will obtain the federal construction policy officials in var- tion is less than 5 percent of the entire do- hard-metric material. It is entirely possible ious departments and agencies who are co- mestic construction market. Such projects that there will be no responsive bidders in ordinating metrication in U.S. construction, are vitally important to the bottom line of a hard-metric, requiring the government to re- some industries are being required to engage successful bidder, but they are too infre- draw plans and bid in soft-metric, all at in- in hard-metric conversion even in cases quent in most cases to justify the invest- creased costs to the taxpayers. where it will be extremely costly, inefficient, ment and, indeed, the risk, of buying a new NCMA has gone to great lengths to per- and impractical to do so. The large majority line of production molds and hoping enough suade the federal contracting authorities on of products will be allowed to use a soft-met- business comes along to eventually recover the basis of these considerations to relent on ric conversion, which should be the policy the initial investment. the hard-metric concrete block require- for all products. But some unfortunate busi- Is this how the 1988 Trade Bill was sup- ments. nesses like the C/M industry have been tar- posed to improve the ability of American We have thoroughly briefed the Construc- geted for hard-metric conversion and are firms to engage in foreign trade? Hard-met- tion Metrication Council on the problems we being thrown into turmoil as a result. ric conversion would work a trade burden on would face. We have provided position papers The hard-metric block that the Council the domestic C/M industry, not a trade bene- and fact sheets. We have met in small groups has defined is 190mm x 190mm x 390mm. This fit. It would seem that this was exactly the with the federal employees charged with de- is roughly one-eighth of an inch smaller than unintended consequence that Congress veloping agency procurement policy. We the soft-metric version that the industry sought to avoid in the 1988 Trade Bill. have invited CMC staff to speak directly could produce today at minimal or no addi- Aside from the tremendous burdens it with C/M producers. We have told federal tional cost. However, that one-eighth of an would place on the C/M industry, there would construction representatives that there is inch difference for hard-metric would require be increased construction costs to produce only a relative handful of C/M producers in C/M manufacturers to purchase an entirely what amounts to a specialty product. I men- America that can produce hard-metric mate- new set of hard-metric molds in order to tioned previously that there would be no way rial. We have pleaded with CMC officials to produce hard-metric product. for a small block manufacturer to recoup its reconsider the caveat language in the 1988 Concrete block molds generally range in costs. Actually, there would be a way—by Trade Bill clearly showing that metrication cost from $10,000 to $30,000 per mold, and it passing those additional costs on to the is not meant to cause substantial inefficien- takes many types of shapes and sizes to com- consumer, which in this case is the taxpayer. cies and loss of markets to U.S. firms, but November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16473 our entreaties have fallen upon deaf ears. by earmarking funds for our Camp also required no funds be used to lobby The end result is that we have had cordial, David partners and extending the Mid- on the question of abortion. business-like meetings but the drive for dle East Peace Facilitation Act. hard-metric concrete block continues Unfortunately the conferees were un- We also advance our national secu- able to reach any agreement on this unabated. The federal procurement policy of- rity priorities in the New Independent ficials keep telling block manufacturers to matter. make hard-metric block or they won’t be States by completing a shift in re- Fundamentally, let me just say that adequately responding to federal solicita- sources from Russia to Ukraine, Arme- the Senate appears to be narrowly tions. nia, Georgia, and the other States that prochoice, as these terms generally de- We have been told point-blank that if com- used to be part of the Soviet Union. scribe positions Senators have taken. panies have to go by the wayside in order to We have also linked aid to Russia to The House appears to be prolife. So we convert to hard-metric, so be it, that is the termination of the nuclear deal with were unable to come together in the price of progress. Iran. In the interest of maximizing the conference report. It is clear to me that the only solution at administration’s leverage, I suggested this point is a legislative solution. The House has sent over a substitute On behalf of united C/M producers through- the restriction take effect 3 months after the date of enactment of this bill measure which restricts assistance to out the country, I would urge that you and organizations which provide abortions your colleagues pass legislation to restore giving the Vice President the oppor- the original intent of Congress and prevent tunity to negotiate a solution to this but makes exceptions where the life of the terrible, ironic consequences that the problem in his January meetings with the mother, rape or incest are in- hard-metric conversion of concrete masonry Chernomydin. volved—a solution which tracks the so- would create. We have served U.S. interests while called Hyde standards. The compromise With best wishes. affording the administration a great also includes language which requires Sincerely, deal of flexibility. the President to certify that the RANDALL G. PENCE, UNFPA will terminate programs in Director of Government Relations. There are three ways we have offered flexibility. China compared with the previous lan- Mr. BURNS. Mr. President, I suggest First, we have provided transfer au- guage requiring the President to cer- the absence of a quorum. thority between accounts. For exam- tify that UNFPA already has termi- The PRESIDING OFFICER. The ple, NIS resources can be used to fund nated China programs. My understand- clerk will call the roll. the Warsaw Initiative and Partnership ing is this distinction was drawn be- The legislative clerk proceeded to for Peace programs. Second, we have cause UNFPA plans to cease China pro- call the roll. consolidated various development aid grams at the end of this calendar year, Mr. MCCONNELL. I ask unanimous accounts into one account with limited thus it is a standard the administra- consent that the order for the quorum conditions; and, third, there are very tion could meet. call be rescinded. few earmarks. I hope my colleagues will support the The PRESIDING OFFICER. Without I think the House would have pre- conference report as it is entirely con- objection, it is so ordered. ferred to provide a blank check giving sistent with the votes and views of the f the administration the option to make Senate expressed September 21. It is FOREIGN OPERATIONS, EXPORT all funding choices, but after 3 years of my intention to also support the com- FINANCING, AND RELATED PRO- unfulfilled commitments, the conferees promise language proposed by the GRAMS APPROPRIATIONS ACT, agreed upon the necessity to set fund- House in the amendment in disagree- 1996 MIDDLE EAST FACILITATION ing levels for specific countries, which ment since I believe it is consistent ACT OF 1995—CONFERENCE RE- was, of course, the imprint of the Sen- with language which the Congress has PORT ate bill. been able to support in the past. But, For my colleagues who are concerned clearly, Mr. President, it is a state- The Senate continued with the con- about earmarking resources for spe- ment of the obvious to say that is an sideration of the conference report. cific projects, let me assure them we issue upon which the Senate and the Mr. MCCONNELL. Mr. President, we have avoided such action. We have House are deeply divided. have before the Senate this morning funded countries and categories of ac- the conference report on the foreign With regard to the abortion issue, tivities such as programs to strengthen the vote, I would just report to my col- operations bill. This measure passed democracy, rule of law and independent the House yesterday at 351 to 71. leagues—I think I said earlier the vote media, but have not dedicated any re- on the full conference report in the I might just say before what I hope sources for any organization or project will be just a brief debate, I am not House yesterday was 351 in favor, 71 within these broad accounts. against. On the abortion amendment in currently aware of any other Senators The conference report largely re- disagreement, in the House the vote on this side of the aisle who wish to flects the priorities identified by the was 231 in favor of the House position, speak. Senator LEAHY should be here Senate. The conferees agreed to the which I have just outlined; 187 against. momentarily and it is our hope that we Senate’s provisions on a range of issues could have fairly early on here a roll- from Pakistan to an amendment of- So, at some point during the day we call vote on the conference report it- fered by Senator HELMS to ban AID’s will have a vote on the conference re- self. move to the Federal triangle. port and then a vote on the amendment There is an amendment in disagree- One of the few items where the Sen- in disagreement. It is my hope, as I in- ment related to the abortion issue ate position did not prevail concerns dicated earlier, that we can have a vote which may take a little more debate Mexico City and funding for abortion. on the conference report sometime and then a vote a little bit later. But it We are reporting back an amendment very soon. I believe Senator LEAHY is is our hope, and if there are no objec- in disagreement which I would like to on his way and I did want to give no- tions or problems with that, that we take a moment to explain. tice to everyone there could well be a might be able to get to a vote on the The House passed language which rollcall vote on the conference report conference report rather soon. banned assistance to any organization sometime very soon. Let me say, although we had very which fails to certify that they are not Mr. STEVENS. Mr. President, I am limited resources, I believe this bill performing abortions. In addition, the grateful that the conferees have in- legislates our national priorities—it House banned assistance to the UNFPA cluded my amendment to require the provides both security and flexibility. unless the President certified programs U.S. Agency for International Develop- The conferees produced legislation in China had been terminated. ment to contract out mapping and sur- below our allocation, $1.5 billion below The Senate stripped out the language veying work to qualified U.S. compa- last year’s levels and nearly $2.7 billion at the subcommittee level and sub- nies when such work can be accom- below what President Clinton re- stituted language requiring the same plished by the private sector. This pro- quested. So clearly we have made a re- standards for determining eligibility vision was based on my concern that duction in foreign assistance. for assistance be applied to both gov- while AID requires mapping and sur- In spite of these reductions, our secu- ernments and to nongovernmental and veying in countries that receive devel- rity interests have been clearly served multilateral organizations. The senate opment assistance, this mapping and S 16474 CONGRESSIONAL RECORD — SENATE November 1, 1995 surveying work is most often con- man of the subcommittee has said, the Japan while we lose jobs in America. tracted out by AID to other govern- foreign operations conference report. It Why? Because they are willing to in- ment agencies. In many instances Fed- is not the conference report I would vest in the future economies of some of eral agencies are aggressively market- have liked to have written as a bill. I these countries. We do not want to in- ing their mapping capabilities to for- suspect it is probably not precisely the vest the pennies in the future econo- eign governments, and through AID, in conference report that the Senator mies of some of these countries even direct competition with qualified U.S. from Kentucky would have liked to though it creates dollars and dollars companies. Despite language in pre- have written. It is, however, the best and dollars here in the United States. vious committee reports, the amount that we could do in not only a very dif- We do not want to spend the pennies to of U.S. private sector contracting for ficult budget climate but one in which create some of the jobs and the eco- such services has not increased. there are probably more tugs and pulls, nomic benefits in some of these devel- The purpose of this amendment is to philosophical, ideological, and policy, oping countries even though we will move the mapping and surveying re- on the Committee on Foreign Oper- create far more jobs in the United quirements of AID to private U.S. ations than I have seen in many a year. States, even though all of us know that firms. Under current Federal policy on The bill, incidentally, is $130 million as exports go up it is one of the single such commercial activities, if an activ- below the level that was passed over- greatest boons to our economy here in ity has not been justified by the pro- whelmingly, by a 5-to-1 margin, in the the United States. vider agency—like the U.S. Geological Senate on September 21. I wish in this Instead, we let this export business Survey—for continued in-house per- case we could have maintained the go to other countries. We let these jobs formance, AID shall obtain the re- Senate level because it is a very small go to other countries. We do not show quired services directly from a com- price to pay for American leadership that kind of leadership. mercial source. No agency has per- abroad. We find we can easily spend bil- formed the requisite commercial ac- lions and billions of dollars going in ei- We are not doing enough to stop wars tivities study to justify in-house per- ther as peacekeeping forces or military and internal struggles worldwide even formance in mapping and surveying, so forces when there are troubles abroad, though we know that we will get this provision is a clarification to en- but we cannot spend a tiny, tiny frac- sucked into them eventually and spend force the existing policy of the Federal tion of that to help avoid those trou- a heck of a lot more after the fact. It Government to rely on, and not com- bles beginning in the first place. is kind of like preventive medicine. We pete with, the private sector pursuant I do wish to commend Senator do not want to spend the money on pre- to the Office of Management and Budg- MCCONNELL for his efforts to get this ventive medicine but, by gosh, we come et circular A–76. bill through the conference and to the in with troops to take care of the costs I would like to clarify one point with President’s desk. We had a very in the emergency room afterward. regard to the intent of this provision, lengthy meeting. I think we went to Well, there are going to be a lot of and to ask my good friend from Ken- about midnight or so on our committee emergency rooms worldwide, and the tucky and the Foreign Operations Sub- of conference ironing out all but the most powerful nation on Earth is going committee chairman, Senator MCCON- one issue, the issue that is before this to be called upon. Maybe we ought to NELL, if this is his understanding of body in true disagreement, and in fact start doing a little preventive medi- this AID mapping and surveying in this case that is on international cine. It is going to cost us a lot less in amendment language? Specifically, it family planning. I will have an amend- the long run. It is going to be far more is not the intent of this provision to ment to reinstate the Senate position. important to our national security, change Federal procurement law or the I will do that for myself and for Sen- and it is going to improve our own Federal Acquisition Regulations. Al- ator KASSEBAUM and for others, and to economy. though the language in the amendment go back to the Senate position. I will With that, Mr. President, I would ask uses the word ‘‘bidding,’’ contracts for do that after we pass the conference re- for the regular order. mapping and surveying services should port, which I fully expect will be Mr. MCCONNELL. Mr. President, I be awarded to qualified U.S. firms in passed. ask for the yeas and nays. accordance with the standard and ac- That amendment, which I will then cepted procedure for such services The PRESIDING OFFICER. Is there a offer, will simply reaffirm what the sufficient second? found in 40 U.S.C. 541 et seq. and sec- Senate is already on record doing. In tion 36.601–4(a)(4) of the Federal Acqui- fact, the President has made it very There is a sufficient second. sition Regulations. This amendment clear that he will veto this bill unless The yeas and nays were ordered. provides for increased contracting out we fix this one provision, the item that Mr. DOMENICI. Mr. President, the of mapping and surveying services by is in disagreement. Senate is now considering the con- AID, using the normal qualifications So in this case we did the best we ference report accompanying H.R. 1868, based selection process. Does the Sen- could. I feel that we are not meeting the foreign operations and export fi- ator from Kentucky concur with this many of our international commit- nancing appropriations bill for fiscal clarification? ments, and I would just close with this year 1996. Mr. MCCONNELL. Senator Stevens, thought. We all take great joy at see- The final bill provides $12.1 billion in thank you for defining this wording of ing the cold war ending. Every one of budget authority and $5.9 billion in the AID mapping and surveying amend- us, if we travel abroad, like saying we new outlays to finance the Nation’s ment, and, yes, I concur in this clari- are Americans, without saying it here foreign assistance programs. fication. at home. The fact is we are the most Mr. STEVENS. I think the Senator When outlays from prior-year budget powerful nation history has ever authority and other completed actions from Kentucky. known. We are the largest economy Mr. MCCONNELL. Mr. President, I are taken into account, the bill totals history has ever known. But with that suggest the absence of a quorum. $12.2 billion in budget authority and The PRESIDING OFFICER. The comes certain responsibilities. Frank- $13.9 billion in outlays for fiscal year clerk will call the roll. ly, we have backed off on these respon- 1996. sibilities worldwide. Other countries The legislative clerk proceeded to The subcommittee is within its sec- call the roll. have picked up on them. Japan spends not only as part of tion 602(b) allocation for both budget Mr. LEAHY. Mr. President, I ask authority and outlays. The bill is $84.4 unanimous consent that the order for their budget but more in actual dollars in areas of foreign aid than we do. That million in budget authority under the the quorum call be rescinded. subcommittee 602(b) allocation and at The PRESIDING OFFICER (Mr. is not all done out of altruism. They the outlay allocation. CAMPBELL). Without objection, it is so have found that as they have helped ordered. the economies of a number of develop- I commend the conferees for support- The Senator from Vermont is recog- ing countries, these developing coun- ing the North American Development nized. tries then buy goods from Japan; their Bank in the final bill. Mr. LEAHY. Mr. President, we have exports go up while our exports are Mr. President, I ask unanimous con- before us, as the distinguished chair- going down. They create more jobs in sent that a table displaying the budget November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16475 committee scoring of the final bill be Proliferation Treaty [NNPT]. Even PAKISTAN PROVISION printed in the RECORD. worse, today the U.S. Congress has sent Mrs. FEINSTEIN. Mr. President, I There being no objection, the table a chilling message: Nuclear prolifera- rise in support of the Foreign Oper- was ordered to be printed in the tion pays. ations Conference Report, but I do so RECORD, as follows: This is a frustrating day, Mr. Presi- with regret because of the provision in dent. Ten years ago, the U.S. Congress this bill relating to Pakistan. FOREIGN OPERATIONS SUBCOMMITTEE SPENDING passed the Pressler amendment. In so There is much in this conference re- TOTALS—CONFERENCE REPORT doing, we made it clear that the United [Fiscal year 1996, in millions of dollars] States could not condone, through for- port that I support, and which I believe eign aid, Pakistan’s drive for the bomb. the conferees have every right to be Budget proud of. authority Outlays It was our hope that the leverage of foreign aid would deter Pakistan from The bill maintains our assistance to Nondefense discretionary: Outlays from prior-year BA and other ac- developing nuclear weapons. If it did Israel and Egypt, sending a message of tions completed ...... 68 7,950 not, it was important from the stand- the United States’ firm support of our H.R. 1868, conference report ...... 12,060 5,892 Scorekeeping adjustment ...... point of nonproliferation that the Unit- allies in the Middle East, and our en- couragement of their efforts to achieve Subtotal nondefense discretionary ...... 12,128 13,842 ed States not subsidize Pakistan’s nu- clear program. That was the purpose a comprehensive peace. Mandatory: behind the Pressler amendment. The bill extends the Middle East Outlays from prior-year BA and other ac- tions completed ...... By and large, the Pressler amend- Peace Facilitation Act by 18 months, H.R. 1868, conference report ...... 44 44 ment has worked. First, though never allowing the President to continue to Adjustment to conform mandatory programs with Budget Resolution assumptions ...... 0 0 verified, Pakistan claims it has ceased provide assistance to the Palestinians developing weapons grade enriched Subtotal mandatory ...... 44 44 and conduct relations with the PLO, uranium. Second, the threat of Pressler while requiring strict compliance by Adjusted bill total ...... 12,172 13,886 sanctions has deterred a number of the PLO and the Palestinian Authority Senate Subcommittee 602(b) allocation: Defense discretionary ...... states that pursued active nuclear with all of their commitments. This is Nondefense discretionary ...... 12,212 13,842 weapons research programs in the a further demonstration of U.S. sup- Violent crime reduction trust fund ...... Mandatory ...... 44 44 1980’s, including Argentina, Brazil, port for the peace process. South Korea, Taiwan, and South Afri- The bill provides assistance for Ar- Total allocation ...... 12,256 13,886 ca. This successful track record now menia, Ukraine, and other former So- risks being reversed. Adjusted bill total compared to Senate Sub- viet republics to help ensure that de- committee 602(b) allocation: I have expressed my strong concerns Defense discretionary ...... mocracy takes hold, and the assistance Nondefense discretionary ...... ¥84 ¥0 on this issue in this Chamber already Violent crime reduction trust fund ...... in great detail. I will not repeat them to Russia is appropriately conditioned Mandatory ...... here. The bottom line is clear: Our Na- on Russian cooperation with the Unit- Total allocation ...... ¥84 ¥0 tion’s nonproliferation policy is in seri- ed States in various areas. Note.—Details may not add to totals due to rounding. Totals adjusted for ous jeopardy, and it is not just with re- The bill significantly increases the consistency with current scorekeeping conventions. spect to the Pressler amendment. We budget for international narcotics pro- Mr. PRESSLER. Mr. President, I in- have heard many reports that the com- grams, demonstrating that controlling tend to vote for passage of the con- munist Chinese have shipped M–11 re- the scourge of the international drug ference report to H.R. 1868, the foreign lated missile technology to both Paki- trade is among our Nation’s highest operations appropriations bill. I do so stan and Iran in violation of the Mis- international priorities. because there are a number of vitally sile Technology Control Regime. Under Unfortunately, included in the con- important provisions in this legisla- a law I drafted, the President has pre- ference report with all these positive tion, chief among them being the ex- sumptive authority to impose sanc- provisions is a provision that I think is tension of the Middle East Peace Fa- tions against the responsible parties in extremely dangerous. The House con- cilitation Act. I share the concerns of China if he has reason to believe an ferees agreed to adopt the Senate lan- many of my colleagues regarding Pal- MTCR violation has occurred. Yet, the guage on Pakistan, which was added to estinian compliance with the peace ac- President is unwilling to exercise that the bill as a Brown amendment. Among cords, and will continue to follow this authority. Further, the current House other things, this provision allows the issue with great interest. With this and Senate versions of the intelligence President to transfer to Pakistan some bill, the American taxpayer once again authorization bill contain language $368 million worth of sophisticated is investing in what all hope to be a that would give the President unprece- military equipment at a time when historic and lasting peace in the Mid- dented discretion to waive U.S. non- Pakistan is still committed to pursu- dle East. It is up to us here in Congress proliferation laws. ing weapons of mass destruction. to be sure that it is a wise investment, Mr. President, just last year, the I realize that we have debated this and that the conditions that brought President stated that no foreign policy issue at length, but the objections to about it are met. issue was more important to the secu- this provision bear repeating. I must confess I will vote in favor of rity of all people than nuclear non- Sanctions were invoked against this bill with great reluctance. I am proliferation. Yet, the current adminis- Pakistan in 1990 because President very disappointed that the House and tration is engineering an unprece- Bush could not certify that Pakistan Senate conferees agreed to keep in the dented rollback in U.S. nonprolifera- did not possess a nuclear explosive de- bill Senate language that would repeal tion laws and policies. The administra- vice. Nothing has changed since that a portion of Federal law that prohibits tion’s actions do not match its rhet- time. To this day, neither President United States aid to Pakistan as long oric. This demonstration of double- Bush nor President Clinton has been as the President fails to certify that think would be very humorous if the able to make such a certification. Pakistan is not in possession of a nu- issue was not so very serious. clear explosive device—a law otherwise For those of us in Congress who have Pakistan’s commitment to continu- known as the Pressler amendment. The devoted many years on nonprolifera- ing its nuclear program makes it whol- provision in H.R. 1868 would allow non- tion issues, these recent developments ly inappropriate—even irresponsible— military aid to resume to Pakistan, are very disturbing. As the world’s sole for the Congress to authorize the re- and would authorize the President to remaining superpower, the signatories lease to Pakistan of a significant pack- transfer $370 million in military equip- of the NNPT look to us to set the ex- age of sophisticated military equip- ment sought by Pakistan but not deliv- ample and enforce the rules. Yet, ment. ered because of the Pressler sanctions. today, we are changing the rules of the I realize that this provision has the By including this provision, this Con- nuclear nonproliferation game to bene- support of the administration, but I gress has put the American taxpayer fit one proliferator. This is the worst must say that in advocating this pro- back in the business of subsidizing a possible message we could send to posal, the administration is also acting nuclear program that this Nation does those nations who have played by the irresponsibly. An administration that not recognize under the Nuclear Non- rules. says that nonproliferation is one of its S 16476 CONGRESSIONAL RECORD — SENATE November 1, 1995 highest international priorities should to the conference report. The yeas and population assistance activities may be made not be transferring weapons to Paki- nays have been ordered. The clerk will available for any foreign private, nongovern- stan until Pakistan has made vast im- call the roll. mental, or multilateral organization until the provements on the nonproliferation The assistant legislative clerk called organization certifies that it will not during the period for which the funds are made available, front. the roll. perform abortions in any foreign country, except There is a further concern about Mr. LOTT. I announce that the Sen- where the life of the mother would be endan- transferring these weapons. The pack- ator from Oregon [Mr. HATFIELD] and gered if the fetus were carried to term or in cases age of equipment may not be signifi- the Senator from Alaska [Mr. STEVENS] of forcible rape or incest. cant enough to substantially alter the are necessarily absent. (2) Paragraph (1) may not be construed to military balance in the region, but it is I further announce that, if present apply to the treatment of injuries or illnesses enough to exacerbate an unstable polit- and voting, the Senator from Oregon caused by legal or illegal abortions or to assist- ical situation. The political symbolism [Mr. HATFIELD] would vote ‘‘yea.’’ ance provided directly to the government of a of the returning equipment will be Mr. FORD. I announce that the Sen- country. (b) LOBBYING ACTIVITIES.—(1) Notwithstand- handing a propaganda victory to the ator from New Jersey [Mr. BRADLEY] is extremist Indian opposition heading in ing any other provision of this Act or other law, absent because of illness in the family. none of the funds appropriated by this Act for next spring’s elections. The PRESIDING OFFICER. Are there population assistance activities may be made The Indian Government is already any other Senators in the Chamber available for any foreign private, nongovern- coming under intense domestic pres- who desire to vote? mental, or multilateral organization until the sure to respond to the transfer of these The result was announced—yeas 90, organization certifies that it will not during the weapons. I very much fear that India nays 6, as follows: period for which the funds are made available, will respond by deploying their Prithvi [Rollcall Vote No. 559 Leg.] violate the laws of any foreign country concern- ing the circumstances under which abortion is missile, which could launch a bona fide YEAS—90 ballistic missile race in South Asia. permitted, regulated, or prohibited. Abraham Feinstein Lugar Pakistan might well respond by de- (2) Notwithstanding any other provision of Akaka Ford Mack this Act, paragraph (1) shall not apply to activi- Ashcroft Frist McCain ploying the M–11s many believe they ties in opposition to coercive abortion or invol- have acquired from China. Baucus Glenn McConnell Bennett Gorton Mikulski untary sterilization. If this scenario plays itself out, the Biden Graham Moseley-Braun (c) Subsections (a) and (b) apply to funds United States will be responsible for Bingaman Gramm Moynihan made available for a foreign organization either fueling an extremely dangerous arms Bond Grams Murkowski directly or as a subcontractor or sub-grantee, race in one of the most unstable re- Boxer Grassley Murray and the required certifications apply to activi- Breaux Gregg Nickles ties in which the organization engages either di- gions in the world. Brown Harkin Nunn Having said all this, I want to make Bryan Hatch Pell rectly or through a subcontractor or sub-grant- two additional points. First, I want to Bumpers Heflin Pressler ee. urge the government and people of Burns Helms Pryor (d) COERCIVE POPULATION CONTROL METH- Campbell Hutchison Reid India not to overreact to this turn of ODS.—Notwithstanding any other provision of Chafee Inhofe Robb this Act or other law, none of the funds appro- events. Coats Inouye Rockefeller priated by this Act may be made available for Cochran Jeffords Roth Indian politicians may exploit these the United Nations Population Fund (UNFPA), weapons for their own gain and stoke Cohen Johnston Santorum Conrad Kassebaum Sarbanes unless the President certifies to the appropriate the flames of paranoia in the pursuit of Coverdell Kennedy Shelby congressional committees that (1) the United Na- votes. But I want to urge the Govern- D’Amato Kerrey Simon tions Population Fund will terminate all family ment of India not to respond to this Daschle Kerry Simpson planning activities in the People’s Republic of weapons transfer by significantly up- DeWine Kohl Snowe China no later than March 1, 1996; or (2) during Dodd Kyl Specter the 12 months preceding such certification, there grading their military posture, and in Dole Lautenberg Thomas have been no abortions as the result of coercion particular, not to further escalate the Domenici Leahy Thompson associated with the family planning policies of arms race in South Asia. Dorgan Levin Thurmond Exon Lieberman Warner the national government or other governmental Second, if we must transfer these Feingold Lott Wellstone entities within the People’s Republic of China. weapons to Pakistan, we are entitled NAYS—6 As used in this section the term ‘‘coercion’’ in- to expect something in return. As I cludes physical duress or abuse, destruction or have said in the past, I favor resuming Byrd Faircloth Kempthorne confiscation of property, loss of means of liveli- Craig Hollings Smith nonmilitary assistance to Pakistan in hood, or severe psychological pressure. order to expand our ability to cooper- NOT VOTING—3 AMENDMENT NO. 3041 ate on anti-terrorism activities, anti- Bradley Hatfield Stevens Mr. LEAHY. Mr. President, I move to narcotics efforts, peacekeeping, envi- So the conference report was agreed concur in the House amendment with ronmental protection, and other areas. to. an amendment that I send to the desk I consider those provisions of the Mr. LEAHY. Mr. President, I move to on behalf of myself and the Senator Brown amendment to be helpful in ena- reconsider the vote. from Kansas [Mrs. KASSEBAUM]. bling us to rebuild our troubled rela- Mr. FORD. I move to lay that motion The PRESIDING OFFICER. The tionship with Pakistan. on the table. clerk will report. But we have every right to expect The motion to lay on the table was The assistant legislative clerk read improved cooperation from Pakistan, agreed to. as follows: not only in these areas, but in non- The PRESIDING OFFICER. The proliferation as well. Pakistan’s unfor- The Senator from Vermont [Mr. LEAHY], question before the Senate is the for himself and Mrs. KASSEBAUM, proposes an tunate record of developing nuclear amendment in disagreement, which the amendment numbered 3041 to the amend- weapons and seeking to acquire ballis- clerk will report. ment of the House to the amendment of the tic missile technology has exacerbated The assistant legislative clerk read Senate No. 115. tensions and contributed to instability as follows: Mr. LEAHY. Mr. President, I ask in South Asia. As we have in the past, Resolved, That the House recede from its unanimous consent that reading of the I would urge Pakistan to reverse disagreement to the amendment of the Sen- amendment be dispensed with. course and contribute to building a ate numbered 115 to the aforesaid bill, and The PRESIDING OFFICER. Without concur therein with an amendment as fol- new, more stable South Asia. objection, it is so ordered. Mr. President, I believe we have lows: The amendment is as follows: made a mistake with the passage of the In lieu of the matter proposed by said entire Brown amendment. With the amendment, insert: In lieu of the matter proposed, insert the : Provided, That none of the funds available help of both India and Pakistan, we can following: ‘‘: Provided, That in determining under this Act may be used to lobby for or eligibility for assistance from funds appro- help ensure that this mistake does not against abortion. priated to carry out section 104 of the For- spawn other, even greater mistakes. PROHIBITION ON FUNDING FOR ABORTION eign Assistance Act of 1961, nongovern- The PRESIDING OFFICER. Is there SEC. 518A. (a) IN GENERAL.—(1) Notwithstand- mental and multilateral organizations shall further debate on the conference re- ing any other provision of this Act or other law, not be subjected to requirements more re- port? If not, the question is on agreeing none of the funds appropriated by this Act for strictive than the requirements applicable to November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16477 foreign governments for such assistance: Pro- in the conference report that prohibits programs intended to begin making vided further, That none of the funds made funding for international narcotics some, although admittedly small, available under this Act may be used to control assistance in Burma. The progress in reducing poppy cultivation. lobby for or against abortion.’’ amendment would modify that prohibi- None of that assistance would be fun- Mr. LEAHY. I will yield to the Sen- tion by permitting such assistance neled through the SLORC. ator from Arizona in a moment. Just only if the Secretary of State certifies so that colleagues will understand A limited—a very limited amount of to Congress that such programs are assistance, $50,000, I believe—would be what is happening here, the amend- fully consistent with the United States ment that the Senator from Kansas provided to train Burmese customs of- human rights concerns in Burma, and ficials. But I fail to see the harm in [Mrs. KASSEBAUM] and I have sent to that they serve a vital United States the desk is an amendment on the one that, given that the amount is so national interest. small, and the need for better Burmese amendment in disagreement. We re- I emphasize that the secretary must solved 192 out of the 193 amendments in control of drug smuggling at the bor- certify that a program such as this ders so obvious. the committee of conference. This is serves a vital U.S. national security in- the one so-called Mexico City policy of terest. Mr. President, $2 million isn’t going the 1980’s, one in disagreement. That vital national interest is obvi- to solve America’s heroin problem. But After having been reported, it is open ous, Mr. President. Sixty percent of the I do not see how we begin to get any to second-degree amendment, which I heroin that comes to this country control over that problem absent some understand the Senator from Arizona originates in Burma—60 percent. We kind of program in Burma. is going to make on an entirely dif- have a compelling, urgent responsibil- Opium production in Burma has sky- ferent issue. But for those who have ity to do whatever we can to eliminate rocketed in recent years. It is, by far, been asking me about the Mexico City or at least reduce Burma’s export of the largest heroin producing country in policy, my understanding is what we that dangerous narcotic. Without a the world. Again, 60 percent of heroin would then do is debate the amend- strategy that addresses the heroin in the United States originates in ment of the Senator from Arizona, trade in Burma, we have no effective Burma. there would be a vote on that, and then antinarcotic program at all. The enormous increase in heroin pro- we would begin the debate on the Mex- I can well understand the Senate’s duction globally has substantially re- ico City amendment. desire to influence the Burmese re- duced the street price of heroin while AMENDMENT NO. 3042 TO AMENDMENT NO. 3041 gime’s treatment of the Burmese peo- simultaneously increasing the purity, (Purpose: To permit the continued provision ple. That treatment has been abomi- and, consequently, the lethality of the of assistance to Burma only if certain con- nable and well deserves our severe re- drug. Overdoses—fatal overdoses—have ditions are satisfied) proach. I visited Burma last March and increased rapidly in the United States. Mr. MCCAIN. I have a second degree was exposed to a pretty representative perfecting amendment, which I send to sampling of how abominable that Sadly, as long as there is demand for the desk. treatment has been and continues to heroin, we will never be able to keep it The PRESIDING OFFICER. The be. out of all our children’s hands. But if clerk will report. Daw Aung San Kyi’s release was a in Burma and elsewhere our efforts The assistant legislative clerk read very welcome development. But in and make some progress in restricting the as follows: of itself it does not represent evidence flow of heroin to the United States, we The Senator from Arizona [Mr. MCCAIN], of political reform or even an indica- will make the drug more expensive and for himself and Mr. KERRY, proposes an tion of progress toward an objective less readily available on our streets amendment numbered 3042 to amendment that it is today. No. 3041. standard of human rights in Burma. Burma has a very long way to go. Mr. President, before I conclude, I Mr. MCCAIN. Mr. President, I ask I feel very strongly that the United unanimous consent that reading of the should also add that in meetings at- States must actively support the cause tended by American Embassy officials amendment be dispensed with. of human freedom in Burma, and make The PRESIDING OFFICER. Without in Rangoon, Daw Aung San Suu Kyi, it unmistakably clear to Burma’s State objection, it is so ordered. the Nobel Prize winner, clearly the The amendment is as follows: Law and Order Restoration Council, leader of that nation, who has been a At the end of the pending amendment add the SLORC, that the United States, in- beacon of hope for freedom and democ- the following: deed, all of the civilized world expect racy for the people of Burma and peo- SEC. . Notwithstanding any other provi- them to begin respecting the will and ple of the world, whose stature is such sion of this Act, funds made available in this the rights of the Burmese people. that she was awarded the Nobel Peace Act may be used for international narcotics But what I have difficulty under- control assistance under chapter 8 of part I Prize, and she, Daw Aung San Suu Kyi, standing is why we must refrain from expressed her support for counter- of the Foreign Assistance Act of 1961, or crop acting in our own national interest substitution assistance, directly for the Gov- narcotics assistance to Burma. In fact, ernment of Burma if the Secretary of State while we attempt to act in the interest she maintained such assistance would certifies to the appropriate congressional of the Burmese people. I could under- not directly or indirectly help the committees that any such programs are fully stand the objective of this provision if SLORC to retain power and, on the consistent with United States human rights it stated that no funds for drug control contrary, might encourage the SLORC concerns in Burma and serve a vital United could be made available directly to the to make additional human rights con- States national interest. The President shall SLORC. I would not support this assist- include in each annual International Narcot- cessions. For my part, her opinion ance either if the State Department should be what drives the decisions ics Control Strategy Report submitted under were proposing to simply provide section 489(a) of the Foreign Assistance Act made here in the U.S. Senate. I think of 1961 (22 U.S.C. 2291h(a)) a description of money to the SLORC with the promise it is clearly sufficient justification to the programs funded under this section. that the SLORC would use it to eradi- approve of this very modest antidrug Mr. MCCAIN. Mr. President, I have cate poppy fields. It is quite probable program. that such funds would be used by the discussed this amendment with the dis- I am convinced that the tinguished Senator from Kentucky, the SLORC to further oppress ethnic mi- norities in Burma, like the Wa. counternarcotics assistance envisioned manager of the bill, and with the Sen- for Burma is consistent with our ator from Vermont. I do not believe But, Mr. President, that is not what the administration proposes to do with human rights goals in Burma. But I re- this should take very much time. peat, to ensure that it remains so, this I ask for the yeas and nays on this this assistance. First, it is a relatively small amount of money that we are amendment requires the Secretary to amendment. certify that all the programs which our The PRESIDING OFFICER. Is there a talking about, with most of it going to assistance would support are fully con- sufficient second? the efforts of the United Nations Drug There is a sufficient second. Control Program [UNDCP] in Burma. sistent with our human rights concerns The yeas and nays were ordered. Two million dollars would be provided in Burma. Mr. MCCAIN. Mr. President, this to the U.N. to work with ethnic mi- Mr. President, I believe, as we have amendment would modify the provision norities on crop substitution and other in many other countries, the United S 16478 CONGRESSIONAL RECORD — SENATE November 1, 1995 States can advance its values and pro- states in the world. In fact, since Suu precisely what the State Department tect our national interests in Burma si- Kyi was released, there have been more budget materials recommend. That is multaneously. They are not mutually arrests, more Burmese men, women, what the State Department is in effect exclusive and should not be treated so. and children have been forced from recommending here. So it seems to me I understand the committee’s motive their homes into concentration camps, that is exactly what the State Depart- for this provision. I must disagree with more villages have been burned to the ment has in mind. They are seeking the means by which it hopes to achieve ground by the government troops. funds to train SLORC in counternar- its objective. I hope Senators also dis- In fact, a recent Amnesty Inter- cotics efforts. agree with those means and support national report asserted unequivocally My good friend from Arizona has in- the amendment to help in some small that the situation has dramatically de- dicated that he believes Suu Kyi sup- way reduce the flow of heroin to the teriorated inside Burma in the last 2 ports this cooperation. I know that is streets of America. months. Let me be clear, the situation what the administration has rep- Mr. President, this amendment is has gotten worse since Suu Kyi’s re- resented as her position. The adminis- supported by the administration. This lease. tration said Suu Kyi supports this ap- Yet this is the very government that amendment is supported by Daw Aung proach. San Suu Kyi. I have no brief for the the amendment of my good friend from But I might point out to my col- ruling junta of army officers that con- Arizona would have us cooperate with. leagues, to members of the House trol Burma—their human rights record Reasonable people can differ about how International Relations Committee is despicable. If any of this money were best to handle this situation, but I who met with her, and in interviews going to help that organization, I must say with all due respect to my with the international media, she has would not be proposing it. good friend from Arizona, I see it a lit- explicitly and repeatedly said she does We started a war on drugs some years tle differently. A government guilty of not support cooperation with SLORC. ago, and we have either declared un- arbitrary detentions, torture, forced conditional surrender or we have for- relocations, and killings is, it seems to In fact, when she was advised the as- gotten about it. I do not know which. me, a questionable government with sistance we have provided had been Whatever, there is an increase in the which to deal. used to attack ethnic groups on the use of heroin in this country. There is The Assistant Secretary of State for border, I was advised she was horrified. an increase in the purity of that her- Asia, Win Lord, shares this view. When It is the administration’s interpreta- oin. There are lethal overdoses that are I asked him what were the major im- tion of Suu Kyi’s wishes that my col- being taken of that drug as we speak. pediments to an effective counternar- league is relying upon, and I can under- I believe that there are many ways to cotics effort he said, ‘‘What is gong to stand his relying on the administra- win the war on drugs. The primary one solve the problem over the long run is tion, I suppose. But there is substantial is to reduce the demand here at home. a popular, representative open govern- evidence, it seems to this Senator, that We also must attack the supply in ment—all other efforts are minuscule the administration is not correctly re- whatever way we can. compared to whether you have an open lating Suu Kyi’s position to us. They I want to point out again, Mr. Presi- system there.’’ I could not agree more are incorrectly characterizing her posi- dent, I probably would not have pro- with Secretary Lord’s statement. A tion. posed this amendment if it had not military junta, with an army of 350,000, There are others, including the inter- been for the express support of this assembled exclusively to terrorize its national press and members of the program by this remarkable, extraor- own people—they have no external House International Relations Com- dinary woman, a woman who tran- threats, this army is to terrorize Bur- mittee, who have met with Suu Kyi scends human events, a woman who mese people—a military junta about and come to a different conclusion. So has suffered for her country, whose fa- which Assistant Secretary of State for reasonable people here can differ. ther was a martyr to an assassin’s bul- Asian affairs, Winston Lord, has testi- I know my friend from Arizona’s in- let as he was the leader of this poor fied, ‘‘The only impediment to coopera- tentions are the best. He has been to country. Mr. President, if the person tion on narcotics is their lack of inter- Burma. He knows a lot about South- who clearly, if there were an election est.’’ Their, meaning the SLORC. east Asia. But it just seems to this tomorrow, would win by an overwhelm- Secretary Lord has testified we can Senator that cooperation with SLORC ing majority, a landslide, were not in only expect to see real cooperation on is not in our best interests. It seems to support of this amendment, I would not narcotics if democracy is restored. this Senator there are a number of peo- be proposing it, and I hope that the They had an election in 1990. The ple, both reporters and House Members, Members of this body will heed her SLORC did not honor the election. Suu who have spoken with Suu Kyi who words rather than anyone else’s, in- Kyi had been under house arrest since reached the conclusion that she would cluding my own. 1988, until this July. The situation has not favor this approach. deteriorated since then. The question I I yield the floor. I simply hope the Senate will not go guess we have before us is whether co- Mr. McCONNELL. Mr. President, I on record supporting the amendment of operation with this regime will produce suggest the absence of a quorum. the Senator from Arizona. The issue of The PRESIDING OFFICER. The a positive result. I am as concerned Burma is not going to go away. He is clerk will call the roll. about the fact that 60 percent of the extremely knowledgeable about The assistant legislative clerk pro- heroin coming into this country is Burma, has very strong opinions about ceeded to call the roll. coming from Burma as anyone else. It Burma. There are others of us who are Mr. McCONNELL. Mr. President, I seems to me reasonable people can dif- also interested in what we might be ask unanimous consent that the order fer as to how to approach this problem, able to do to bring about the end of for the quorum call be rescinded. but I think we should be moving to iso- SLORC and the return of democracy. The PRESIDING OFFICER. Without late the military junta, rather than objection, it is so ordered. pursuing the amendment of my good I hope we could all kind of sit down Mr. McCONNELL. Mr. President, in friend from Arizona. That is why we together and, not using this particular July, Suu Kyi was released after 6 should support the restoration of de- bill as a vehicle, sit down together and years under house arrest. It was the mocracy and implement the results of figure out what our best approach to first glimmer of hope for Burma since the 1990 election. Burma ought to be. With all due re- the military crackdown in 1988. As she Let me just conclude by noting that spect to my friend from Arizona, it has repeatedly and emphatically stated Suu Kyi has urged all nations to sus- seems to me cooperation with SLORC since her release, nothing else has hap- pend investment in Burma, to take all on drugs would be like cooperating pened. She has been released and that steps possible to isolate this pariah re- with Iran on counterterrorism. It is it. Burma is not one step closer to gime. She opposes any efforts to legiti- seems to me highly unlikely that this implementing the results of the elec- mize this repressive regime. would be a productive relationship. tions of 1990. My good friend from Arizona has ar- So I hope the amendment of the Sen- Burmese citizens are still suffering at gued that his amendment is not about ator from Arizona will not be approved. the hands of one of the worst police cooperating with SLORC, but that is I will make a motion to table when we November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16479 finish our debate. I understand we are SANCTIONS AND DRUG CONTROL AID DISCUSSED But let us not distort the facts here. going to be finishing up pretty quickly. NLD LEADER SEES DRUG CONTROL AID AS The facts are that we have credible evi- Mr. President, I yield the floor. USEFUL ‘‘CARROT’’ dence from a cable sent to the United The PRESIDING OFFICER. The Sen- 11. Speaking to the Richardson- States State Department which clearly ator from Vermont [Mr. LEAHY] is rec- Rohrabacher amendment seeking to bar any indicates her support of certain types ognized. USG drug control assistance to Burma, Aung of drug control programs. That is re- Mr. LEAHY. Mr. President, I, like San Suu Kyi disapproved, opining that, while ality, and that is a fact. the distinguished chairman, cannot the ‘‘stick’’ of impending trade sanctions had support the amendment and will join in been useful in prompting her release, offer- The other fact that I think we ought his motion to table, not because I dis- ing USG counternarcotics assistance to the to emphasize here is that the money agree with the Senator from Arizona in SLORC would be a useful ‘‘carrot’’ to encour- would not go through the Burmese age additional progress. wanting to stop the flow of heroin from Government. And nobody—I mean no- The SLORC’s desire to benefit from the po- body that I know of—would support Burma. I totally agree with him in litical legitimacy accompanying USG drug wanting to do that. I acknowledge his control aid is well known, pointed out the funding through that government. expertise in that part of the world. NLD leader. She cited exchange of informa- I would also suggest that perhaps the Anybody who has watched the evidence tion and training as two specific types of Senator from Vermont—Vermont is a from the various law enforcement and counternarcotics assistance she could envi- little bit different from what it is in international agencies knows of the sion occurring now. While the SLORC would Arizona. Perhaps in Vermont he does tremendous flow of heroin from Burma. appreciate this aid, it would not improve the regime’s staying power. not have kids overdosing on drugs in But I do not think this would stop it. the streets of the capital of his State. In fact, I believe it will be money basi- 12. Berkowitz expressed concern that an exchange of information on drug traffickers Mr. President, I do. The Senator from cally lost. and operations with the Burmese authorities Vermont said it will not do much good. The SLORC itself is involved in the might hurt the Wa, who are poor farmers Maybe it will not do much good. But I drug trade. They are an army that vio- with no alternative other than poppy cul- know that people are dying in my lates the human rights of their own tivation. Suu Kyi clarified that the type of home State from overdoses of heroin, people. They oppress their own people. information she was taking about would not from lethal doses of heroin that come They stop dissent in their own people. be that which could be used to attack harm- directly from Burma, because it is a But, also, they take drug money them- less people. Rather, information on drug proven fact that 60 percent of the her- selves. traffickers’ movements would assist Bur- A U.N. program is not going to make mese officials in locating and interdicting oin that comes into the United States any measurable difference. We are drug operations. comes from Burma. She turned to Tin 00, calling him an expert So, in all due respect to the Senator dealing with an outlaw government. on the Wa, and asked him for expanded views We should not be doing something that on this issue. Tin 00 noted that poor Wa from Vermont and the people in his might suggest that we accept this gov- might be hurt, but added that the exchange State, it is a compelling, urgent, and ernment in any way. These are drug of information on areas of poppy cultivation terrible problem that we have to take dealers and thugs. They themselves are would be good, though the government may every possible step to cure. One of profiting from something we would be not take action against poppy cultivation in them would be to reduce the cultiva- asking them to stop. So, while I will be ethnic areas even when provided precise in- tion of this drug where it originates happy to look at other areas when this formation on their location. Aung San Suu which does not require the participa- bill next comes up, or any other bill, I Kyi did not seem unduly worried when tion of the Burmese Government. Berkowitz raised, the possibility that drug will not support this. control efforts in the Wa area might alienate Mr. President, it is a $2 million pro- I might also say I hope, having Wa farmers who depend on drug production gram we are talking about here. I am a cleared 192 out of 193 amendments in for their sustenance. bit curious why we should have to take disagreement, that we might be able to Mr. MCCAIN. Mr. President, unless up so much time of the Senate in a send back to the other body just one misinformation—and perhaps it is—is very large multibillion-dollar piece of amendment in disagreement, some- being conveyed from our Embassy in legislation. But I would be willing to thing that will be debated and voted on vote on the motion of the Senator from following the debate and vote on the Burma, I think it is pretty clear what amendment of the Senator from Ari- Aung San Suu Kyi’s position is on this Kentucky to table whenever he feels zona. issue. that we should. The PRESIDING OFFICER. The Sen- Also, let me point out, as I did in my I yield the floor. ator from Arizona [Mr. MCCAIN] is rec- opening statement, I do not support any money going through the Burmese Mr. MCCONNELL. Mr. President, by ognized. way of very brief response to my friend Mr. McCAIN. Mr. President, a cable Government known as SLORC. This from Arizona, the cable to which he re- sent back from the State Department, money would not go through the Bur- ferred was prepared a few days after which I have a copy of, concerned a mese Government known as SLORC. It Suu Kyi’s release back in July. She long interview that took place with specifically would be provided to the subsequently learned that we provided Aung San Suu Kyi on July 14 of this United Nations to work with ethnic information to SLORC on an alleged year. I quote: minorities on crop substitution and Speaking to the Richardson-Rohrabacher other programs intended to begin mak- drug caravan which turned out to be amendment seeking to bar any USG drug ing some, although admittedly small, used to attack ethnic groups on the control assistance to Burma, Aung San Suu progress in reducing poppy cultivation. border. Her views 2 days after being to- Kyi disapproved, opining that, while the None of that assistance would be fun- tally isolated for 6 years has since been ‘‘stick’’ of impending trade sanctions had fully informed by facts, which are that been useful in prompting her release, offer- neled through the Government. So I am sorry the Senator from Ver- the money in all likelihood will end up ing USG counternarcotics assistance to the with SLORC. She has since repeatedly SLORC would be a useful ‘‘carrot’’ to encour- mont either is misinformed or did not age additional progress. pay attention to what I had to say; per- opposed this cooperation, and in inter- The SLORC’s desire to benefit from the po- haps both. views, both with the press and with litical legitimacy accompanying USG drug But the fact is that this money would Congressmen who have been there, be- control aid is well known, pointed out the not—I repeat, not—go through the set- lieve that it may threaten Burmese NLD leader. She cited exchange of informa- citizens. tion and training as two specific types of tlement. If it would go through the counternarcotics assistance she could envi- Burmese Government, then I am con- Again, let me say reasonable people sion occurring now. vinced Aung San San Suu Kyi would can differ about this. I totally respect By the way, I ask unanimous consent not approve of it. After all, she is the my friend from Arizona and his inter- the entire cable be printed in the one spent 4 years under house arrest est in involvement in this issue. Fun- RECORD. and was a martyr who watched her damentally, it seems to me, the ques- There being no objection, the cable countrymen be slaughtered by the tion is whether we should be cooperat- was ordered to be printed in the same group of people. Everybody has ing with the SLORC, one of the worst RECORD as follows: their own opinion. regimes in the world, if not the worst. S 16480 CONGRESSIONAL RECORD — SENATE November 1, 1995 I think we have probably debated The PRESIDING OFFICER. The mo- administration. It is the same prohibi- this amendment fully. I am not aware tion of the Senator from Vermont to tion we have in this administration. No of anybody else who wishes to speak. concur in the House amendment with funds in this bill can be used for abor- Mr. President, I move to table the an amendment. tion. McCain amendment, and I ask for the Mr. LEAHY. Thank you, Mr. Presi- We are really ending up debating yeas and nays. dent. Just so my colleagues under- bumper-sticker slogans. We are ending The PRESIDING OFFICER (Mr. stand, and I know there are a number up debating—I do not know—fundrais- FRIST). Is there a sufficient second? of Senators on both sides who are going ing letters, whatever, but we are not There is a sufficient second. to want to speak, let me back up a bit. The yeas and nays were ordered. debating the reality of the foreign aid First, the Senate has voted in favor bill. The PRESIDING OFFICER. The of the conference report. The con- question is on agreeing to the motion ference report reflected a conference The amendment I offered simply con- of the Senator from Kentucky to lay that agreed on 192 out of 193 amend- tinues current law and practice, and at on the table the amendment of the ments. Now we have the 1 remaining a time when support for voluntary fam- Senator from Arizona. On this ques- amendment of those 193 which is in ily planning programs and women’s re- tion, the yeas and nays have been or- true disagreement, and we have re- productive health is growing around dered, and the clerk will call the roll. ceived from the other body their pro- the world, it would be ridiculous for The legislative clerk called the roll. the United States to, once again, sur- Mr. LOTT. I announce that the Sen- posal. I have moved to amend their amend- render its leadership in this area as we ator from Oregon [Mr. HATFIELD] is did back in the eighties. necessarily absent. ment in disagreement with an amend- I further announce that, if present ment by myself and the Senator from Some have defended the House provi- and voting, the Senator from Oregon Kansas, Mrs. KASSEBAUM. What hap- sion, because it only prohibits U.S. [Mr. HATFIELD] would vote ‘‘yea.’’ pened is the Senate conferees were not support for foreign organizations. That Mr. FORD. I announce that the Sen- able to agree to a House provision that is precisely the problem. It is by sup- ator from New Jersey [Mr. BRADLEY] is would reinstate the so-called Mexico porting foreign organizations that we absent because of illness in the family. City policy of the 1980’s. As Senators implement our family planning pro- The PRESIDING OFFICER. Are there may recall, the Mexico City policy grams. We do not stop the population any other Senators in the Chamber caused much division in this country explosion in other parts of the country who desire to vote? and picked up a lot of ridicule for this by saying we will send the money to The result was announced—yeas 50, country abroad. It prohibits the U.S. Planned Parenthood of Winooski, VT. nays 47, as follows: Government from using its funds to We do it by sending the money where [Rollcall Vote No. 560 Leg.] support private family planning orga- family planning might help. In fact, let YEAS—50 nizations that use their own funds to me give just one example of what the Akaka Faircloth McConnell provide counseling and other services House provision would do. Bennett Feingold Mikulski relating to abortion. A current program that uses United Biden Gorton Moseley-Braun What my amendment does, it strikes Boxer Gregg States funds to train Russian doctors Moynihan the House provision and it replaces it Brown Harkin Murkowski in providing family planning services Bryan Heflin with the identical Senate language Murray would have to shut down because it Bumpers Hollings Pell that passed this body on September 21. Burns Inhofe takes place in a Russian hospital. In Pryor ASSEBAUM Byrd Inouye Senator K , who is the origi- Reid that Russian hospital, Russian funds Campbell Jeffords nal author of this language, is a co- Robb are used to perform legal abortions. In Chafee Kassebaum sponsor of this amendment. Rockefeller Russia, the average woman has seven Cochran Kennedy The amendment says that in deter- Coverdell Kohl Santorum abortions, something I find, and I hope mining eligibility for assistance, non- D’Amato Lautenberg Sarbanes most people would find, to be a terrible Shelby Government and multilateral organiza- Daschle Leahy situation. DeWine Levin Stevens tions shall not be subjected to require- Exon Lott Wellstone ments more restrictive to requirements But in our program, which tries to NAYS—47 applicable to foreign governments for help the Russian doctors teach family Abraham Frist Mack such assistance; provided further that planning so they will not be having Ashcroft Glenn McCain none of the funds made available under seven abortions, the House provision Baucus Graham Nickles says you cannot do that. You cannot do Bingaman Gramm this act may be used to lobby for or Nunn that because in the place where they Bond Grams Pressler against abortion. Breaux Grassley Roth So no matter what your position is would teach that, somewhere else in Coats Hatch Simon on abortion, U.S. money cannot be that same building abortions might Cohen Helms Simpson Conrad Hutchison used to lobby for or against it. This has take place. Smith Craig Johnston been very carefully thought out to give Snowe Well, come on, this is Alice in Won- Dodd Kempthorne Specter Senators who have strong views on the Dole Kerrey derland. You teach alternatives to Domenici Kerry Thomas subject of abortion a common ground abortion at a place where people who Dorgan Kyl Thompson and be respectful of the views on both are interested in that subject might be. Feinstein Lieberman Thurmond sides of this issue. Ford Lugar Warner The sad thing about the House provi- The whole point of this program is to NOT VOTING—2 sion, which we are now seeking to promote contraceptives and alter- natives to abortion. It does not ask for Bradley Hatfield amend and send back to the other money for abortion, it seeks alter- So, the motion to lay on the table body, is that it is not only totally and utterly unnecessary, but if it prevailed natives. Every dollar is for voluntary the amendment (No. 3042) was agreed —voluntary—family planning. I say to to. on this bill, it guarantees a veto, and the work of the Senator from Ken- my colleagues, if you vote against the Mr. MCCONNELL. Mr. President, I amendment of the Senator from Kan- move to reconsider the vote by which tucky, Mr. MCCONNELL, and myself, as well as all the other Senators who sas and myself, let there be no mis- the motion was agreed to. take, that opposes voluntary family Mr. LEAHY. I move to lay that mo- joined with us in putting together the planning if you vote against it. tion on the table. foreign aid bill, goes down the drain. The motion to lay on the table was Our bill explicitly, and I wish Sen- The other point I want to emphasize agreed to. ators would listen to this, the Senate is no funds in this bill can be used in Mr. LEAHY addressed the Chair. bill explicitly prohibits the use of any China. I heard the debate earlier about The PRESIDING OFFICER. The Sen- U.S. funds for abortion. Period. End of people who are concerned about what ator from Vermont. sentence. No qualifications. happens in China. Well, I am con- AMENDMENT NO. 3041 It is the same prohibition that we cerned. I am appalled by forced steri- Mr. LEAHY. Mr. President, what is have had for years. It is the same pro- lization. I am appalled by forced abor- the pending business? hibition we had in the last Republican tions. I am appalled by the Chinese November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16481 Government telling people, under pain appropriations bill, which passed the Mr. President, some of my colleagues of all kinds of strictures, how many Senate in September by a vote of 91–9. have argued that the United States children they can have. We all are, but It is also language similar to that should not have a role in international do not knock down our ability to help which passed the Senate in 1984 and in population assistance programs. But the voluntary family planning in other 1989. At this time, as Senator LEAHY while some contend that there is no re- countries by holding up as a straw man pointed out, House and Senate con- lationship between world population somehow the situation in China. ferees were able to reconcile every and our national security, a closer Chinese population policy should be other aspect of the legislation, except look, I think, at all the factors in- condemned, but do not condemn the this issue. The House insisted upon volved make it clear that population program. In fact, the House provision their language, we insisted upon ours stabilization is in our best interest. would prevent the United States from and, thus, the bill was reported out of Without such an effort, the world’s po- contributing to the U.N. population conference with this language in dis- litical, economic, and environmental fund. It is the largest international agreement. I think that if the House forces balance precariously on the family planning agency in the world. passed the language they passed and if verge of chaos. UNFPA does not fund abortion. It has we pass the language offered in this I think I came to realize this most an explicit policy against supporting amendment, it is my understanding clearly as I have spent a number of abortion. It funds contraceptives, edu- that a continuing resolution would years on the Africa Subcommittee in cation and informs about family plan- continue for the bill with everything the Foreign Relations Committee. It ning in 140 countries. It is absolutely passed—the language of everything has shown me that arguments to the vital the United States play a leading passed in a continuing resolution, ex- contrary are misinformed. The popu- cept current language reporting the role in the U.N. agency at a time when lation assistance initiatives are impor- issue at stake in disagreement here. the decisions we make today will deter- tant. There is no doubt in my mind, for The language that has been intro- mine if the world population doubles or example, that overpopulation played a even triples. The Chinese population duced does not change the current U.S. policy that prohibits funding for abor- major role in compounding famine in policy should be condemned, but do not Africa. I do not think I need to point condemn an organization that seeks to tion activities. It simply ensures that foreign governments and nongovern- out to anyone here the tragedies that demonstrate to the Chinese Govern- mental organizations will be treated in have resulted from that, or could result ment that they can achieve the same the same way with respect to establish- from that, and the importance of doing results with voluntary family plan- ing eligibility for U.S. population as- thoughtful, constructive population as- ning. sistance. If abortion is legal in a coun- sistance initiatives. It is not easy. We As I said, we contain a prohibition try and if a foreign government is en- have to be very sensitive to cultural against using U.S. funds in China. That gaged in population assistance pro- differences as we work in other coun- is despite the fact U.N. programs in grams, why should we tell a nongovern- tries and support work in other coun- China promote voluntary family plan- mental agency or organization working tries. But, clearly, it seems to me that ning and human rights. in that country that they cannot use it does have merit and it is important. Mr. President, let us not go back- U.S. funds? It seems to me they should I realize that many of my colleagues wards, not when so many governments be able to use them for population as- here are tired of this fight. But I con- are finally seeking out and limiting sistance, Mr. President. That is what tinue to believe strongly in preventing rates of population growth. Many of this issue is about. It is not about abor- the need for abortion by working to es- these countries are already impover- tion. tablish effective family planning pro- ished. We have the technology, the ex- As I think all colleagues know, this grams. I hope my colleagues will simi- pertise and the interest in helping. The issue first came about in 1984 at the larly recognize the need to prevent amendment in the House requires International Conference on Popu- what has been called the international UNFPA to withdraw from China. That lation in Mexico City. The Reagan ad- gag rule from ever emerging as an ob- is a decision not for UNFPA but its ministration announced that any non- stacle to creating effective policy. governing board, which is made up of governmental organization which used I urge my colleagues to vote in favor its donor governments. By attaching a private or non-U.S. funds to contract of this amendment. I suggest, Mr. condition UNFPA cannot meet, we cut abortion-related activities would be President, it is not really an issue of off funding for programs in 139 other prohibited from receiving U.S. popu- the President vetoing this bill. In my countries. lation assistance. If they use their own mind, it is an issue of the merit or de- So just understand what is here. In private, or if their own non-U.S. funds merit of this amendment. I feel strong- the amendment of the Senator from in any way are involved, as the Senator ly that this amendment really says Kansas and myself, no money for abor- from Vermont pointed out, then they that we do care about working to- tion, no money for child care, but could not receive any U.S. funds for gether with nongovernmental organiza- money for voluntary family planning. population assistance. tions, with other countries, being sen- If you are against voluntarily family I just feel that it is far too limiting, sitive and constructive with family planning, vote against it. But if you Mr. President. It really cripples us in planning initiatives. would like to see, as we do, the ability our ability to help other nations deal to give some of these countries alter- Mr. FEINGOLD. Mr. President, I ask with population assistance initiatives. unanimous consent to be added as a co- natives to abortion, then vote with us. Since 1973, the United States has pro- sponsor. And also, with all the work that has hibited the use of U.S. dollars by any gone into this bill, let us complete the recipient of U.S. population assistance The PRESIDING OFFICER. Without bill so it can actually be signed into to pay for abortions abroad. I support objection, it is so ordered. law by the President and not vetoed. this. Mr. FEINGOLD. Mr. President, I rise I see the cosponsor, my good friend However, Mr. President, this amend- in strong support of the Leahy-Kasse- from Kansas, on the floor. I yield to ment, as I said before, is not about an baum amendment. The Senator from her. abortion. As the Senator from Vermont Vermont and the Senator from Kansas Mrs. KASSEBAUM. Mr. President, I pointed out, it would prohibit funds have done more in the last few minutes ask unanimous consent that Senator going to China. It would also prohibit to clarify this issue than I think has HATFIELD be made a cosponsor of this funds which could be used for lobbying been done for some time—the very amendment. for or against abortion. So I think it is clear point that the Senate position on The PRESIDING OFFICER. Without important to keep in mind exactly this in the past does not provide Fed- objection, it is so ordered. what it is about. It is about supporting eral funding for abortions through Mrs. KASSEBAUM. Mr. President, nongovernmental organizations in cre- these organizations. That is the fact. the language that I am cosponsoring ating safe, effective, comprehensive For that reason, I stand in strong oppo- with my colleague from Vermont is, as family planning programs—programs sition, as well, to the House language. he has said, identical language that that are designed to prevent the need The House language endangers our was included in the Foreign Operations for abortion. national interests. It is not simply an S 16482 CONGRESSIONAL RECORD — SENATE November 1, 1995 antichoice or antiabortion, or a I have had the opportunity to work family planning services and maternal proabortion issue, as some of the pro- with the Senator on the Foreign Af- and child health care in 140 countries ponents say. What it is is antifamily fairs Committee on the subcommittee around the world. It has no mandate— planning. The House position smacks concerning Africa where these prob- it has no mandate—to engage in the of being against the interests of women lems can become very, very severe very provision of abortion or abortion-relat- and international development. quickly. ed services. Population assistance is a critical The provision of population assist- Mr. President, in reality, it is pro- component of our foreign aid program, ance and family planning services is grams supported by the UNFPA that and a worthy investment in bracing for important to the United States. Mr. make abortion less likely. If I believe the threats to U.S. national security President, again, it is hardly support that withdrawing from the UNFPA that will arise throughout the 21st cen- for abortion—although the House would reduce the incidence of coercive tury. amendment infers this. abortion in China, I would whole- Even President Nixon, who was not In fact, Mr. President, that is what I heartedly support such a move. known as a prochoice activist, listed think is the fundamental misunder- standing in this debate, and I think we Human rights abuses such as this population growth ‘‘among the most should be addressed at the United Na- important issues we face * * * a world need to dispel that today. Abortion does not equal family planning; in fact, tions and through diplomatic and eco- problem which no country can ignore, nomic levers such as the most-favored- whether it is moved by the narrowest responsible and safe family planning reduces the need for and incidence of nation status approach, which I have perception of national self-interest or advocated and continue to advocate the widest vision of common human- abortion. Nevertheless, somehow this debate always winds up being a bit of a with regard to China. ity.’’ In fact, this is one of the reasons why Indeed, President Nixon pledged full red herring debate about abortion. Mr. President, if the proponents of I introduced legislation this year with U.S. support and cooperation in sup- the House amendment were trying to the chairman of the Foreign Relations porting U.N. population and family prohibit U.S. funds from being used to Committee, Senator HELMS, to with- planning programs at the same time pay for abortion, they already achieved draw MFN from China. the United States played an active role that goal many years ago. U.S. foreign Mr. President, prohibiting United in founding the U.N. population fund assistance cannot by law be used to States contributions unless the known as the UNFPA. pay for abortion. Let me repeat that: UNFPA pulls out of China is going to If we were to enact the House lan- U.S. foreign assistance cannot by law— do nothing to solve this problem. guage, Mr. President, we would cut off by current law—be used to pay for UNFPA officials have already ex- support for UNFPA as well as the cru- abortion. It says so throughout the for- pressed their firm opposition to the cial private organizations supporting eign aid law, and it is reiterated in this practice of coercive abortion despite family planning and women’s rights conference report that we are consider- what some Members on this floor have and manageable population growth. ing right now. said in what amounts to misquoting Mr. President, the world population Now, Mr. President, barring people the organization. today stands at 5.7 billion people, al- from speaking about family planning, I ask unanimous consent to have most double what it was in 1960. It is contraceptives, and abortion will not printed in the RECORD, Mr. President, a growing by about 100 million people per solve the problem, not to mention the letter I received from the UNFPA on year. Most of this growth is in the de- fact that it is a blow for the concept of their perceptions on the China policy, veloping world in regions that cannot, free speech that the United States which I hope will clear up the mis- of course, sustain their current popu- worked so hard to promote throughout understanding. lations. the world. The environmental and economic ef- There being no objection, the mate- Similarly, cutting off private groups rial was ordered to be printed in the fects of this population program are which use funds from other sources for RECORD, as follows: very significant. The effect on women their abortion activities is only going as a population is really disastrous. If UNITED NATIONS POPULATION FUND, to hurt the pursuit of U.S. Government New York, NY, July 26, 1995. development efforts are going to be interests. As in the 1980’s when we saw successful, they have to include the Senator RUSSELL FEINGOLD, some of these regressive policies ap- Senate Russell Building, Washington, DC. full participation of women—at least 50 plied, most effective organizations DEAR SENATOR FEINGOLD: It has just come percent of the world population. turned down U.S. funding since they to my attention that on June 28, 1995 during However, if women are not given con- could not and would not agree to these a debate on the House floor, Representative trol of their own bodies, or if they are conditions. Chris Smith quoted Dr. Sadik, Executive Di- compelled to carry and deliver unlim- I commend them for their persever- rector of UNFPA, ‘‘China has every reason to ited numbers of children, then they ance, but I think it was shameful that feel proud of and pleased with its remarkable cannot be full partners. They cannot be the United States did not contribute to achievements made in its family planning policy and control of its population growth full partners politically, economically, programs designed to meet our own or socially in the development of their over the past 10 years. Now the country needs. These are the reasons that the could offer its experiences and special ex- country. House language on Mexico City policy perts to help other countries.’’ Senator Jesse The U.S. population programs, in and the gag rule have to be stripped Helms used the same quote in the Senate conjunction with international strate- from this conference report and why Foreign Relations Committee Report accom- gies, have actually yielded incredible the Kassebaum language should be re- panying S–961. results for our country and for the stored. I believe this quote comes from China world. We have seen reductions in ma- As for these counterproductive re- Daily, an English language newspaper pub- ternal mortality rates. We have seen strictions on UNFPA, I again submit, lished in Beijing. I was with Dr. Sadik when improved child survival statistics. We as I and others did before the Foreign she was interviewed for this article in 1991. have seen increased literacy among This article was a terrible distortion of what Affairs Committee, that this is an at- she actually said. Dr. Sadik did say that women. And we have seen healthier, tack on family planning. It is not a se- China should be proud of its record of im- burgeoning economies in many parts of rious attempt to stop abortion, nor is proving women’s and children’s health since the world. it a serious attempt to do anything 1949. She commended China’s continuing ef- Mr. President, this in turn strength- about the disgusting practice of coer- forts to improve maternal and child health ens U.S. efforts to promote food secu- cive abortion. by discussing a joint UNFPA and UNICEF rity, international trade, and improved Pulling out of the U.N. population project in 300 poor counties in China that es- public health, all of which improve our fund is not going to stop coercive abor- pecially focuses on improving children’s standard of living. And they also re- tion in China, for the simple fact that health through training and supplies for treatment of acute respiratory infection and duce the risk of disaster assistance or UNFPA does not engage if any coercive diarrhea, promotion of prenatal care and nu- the deployment of U.S. troops, as the abortion procedures in China now. trition, breast-feeding, assisted deliveries Senator from Kansas was alluding to in UNFPA’s mandate in every country, and family planning that assured several her previous remarks. including China, is the provision of contraceptive choices and informed consent. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16483 She went on to say that this project was a As we look to the 21st century, we it clear where they stand on this issue. model that could be replicated in other coun- should have a post-Mexico City policy That is what I want to do this after- tries. on population. The House amendment noon. I have no idea why Dr. Sadik was mis- quoted. I tried unsuccessfully at the time to brings us backward—not forward. Fam- First of all, the President is asking secure a retraction from China Daily. I re- ily planning is too important for us to us, by vetoing our budget, to continue member during her visit being very proud of lose ground on. But that is exactly to spend money we do not have on pro- Dr. Sadik’s tenacity and courage and my dis- what the House amendment does. It grams we cannot afford. appointment with the China Daily article causes us to lose ground on population which was not only wrong, but contradictory control. The President has sent not one but of her real position. We cannot let this stand, Mr. Presi- two budgets to Congress, and both of In fact, during this trip, Dr. Sadik at- dent. I urge my colleagues to support those budgets would increase the pub- tended a series of meetings that included: the Leahy amendment and to strip this lic debt by over $1 trillion in 5 years. the Ministers of Family Planning and extreme amendment from the bill. I Neither of those budgets would ever Health, the Head of the People’s Congress come into balance at any finite time in and several of his colleagues and the General yield the floor. Secretary of the Communist Party of China. The PRESIDING OFFICER (Mr. GOR- the future. Both of those budgets would During these meetings she was very critical TON). The Senator from Texas. give us a deficit that greatly exceeds of new laws in several provinces requiring Mr. GRAMM. Mr. President, let me $200 billion in the year that our budget sterilization of the mentally retarded. She first say I intend to speak for just a would be in balance. also successfully negotiated projects de- moment on the budget and on the Now, the President says he is going signed to increase training for informed con- President’s veto threat. to veto our budget to force us to spend sent and voluntary participation in family However, let me say about the pend- planning, and research that would examine more money. Let me make it clear that ing amendment that the House of Rep- no matter what might be agreed to, I the safety and efficacy of the Chinese steel resentatives has taken a very clear po- ring IUD. The first project, currently on- am not going to vote to bust the budg- sition that maintains the position that going, provides interpersonal counseling et that we wrote here on the floor of Congress has historically taken—that training and promotes contraceptive choices the U.S. Senate. Under no cir- is, there is a higher standard when you for grass-roots family planning workers in cumstances am I going to vote to in- are spending the taxpayers’ money. several provinces. The second resulted in a crease spending above the level we set Chinese ban on steel ring IUD’s in favor of In spending the taxpayers’ money, out in our budget. copper based IUD’s which in ten years will the House has taken the position that prevent 35.6 million abortions. It would also we should not be spending the tax- The President has every right, if he prevent 6,300 maternal deaths; 365,000 poten- payers’ money either in the United wants to enter legitimately into the tial infant and 28,000 potential child deaths. debate by submitting a real budget 1 States or around the world to fund For 3- ⁄2 years I served as UNFPA’s Coun- that is balanced over a 7-year period, try Director in China. I know first hand what abortion on demand, and we should not we did and said in China and I can tell you be spending the taxpayers’ money to to negotiate with us about spending that the way we are frequently portrayed, subsidize forced abortions in China. priorities. It is obvious his priorities such as in the statement in question, is abso- I think we need to reject this amend- are different, but I think those dif- lutely and unequivocally untrue. ment. I think we need to stay with the ferences are legitimate, and I think UNFPA has always represented inter- House position. I am confident that we they ought to be debated. But, unless national norms and human rights standards will. the President is going to submit a as articulated in several U.N. documents in- Mr. President, our leader, Senator budget to us which tell us how he cluding the Universal Declaration of Human DOLE, and the Speaker of the House, Rights, the World Population Plan of Action would balance the Federal budget, I am Congressman GINGRICH, are both down and the Programme of Action of the Inter- not willing to allow him to force us to national Conference on Population and De- at the White House today meeting with back away from our budget. the President about the growing con- velopment. For example, Chapter VII, para. Our proposal to the President, as a 12 of the Programme of Action which states frontation concerning our budget. I wanted to make some remarks precondition for our negotiation with ‘‘. . . the principle of informed free choice is him, ought to include the following essential to the long-term success of family- about this confrontation because I planning programmes; that any form of coer- think we are coming down to the mo- items: cion has no part of play; that governmental ment of truth where each of us is going No. 1. Tell us how you would balance goals or family planning should be defined in to have to decide what the 1994 elec- the budget over a 7-year period, not by terms of unmet needs for information and tions were about, what we stand for, wishing the problem away, but in services; and that demographic goals, while terms that we can all understand and legitimately the subject of government de- what we are willing to stand up and velopment strategies, should not be imposed fight for, and what we are willing to in terms that the Congressional Budget on family-planning providers in the form of compromise on. Office, which is the accountant for this targets or quotes for the recruitment of cli- I want to make just a few observa- process as designated by the President, ents’’. tions this afternoon on those subjects. can certify will really achieve a bal- In particular, Dr. Sadik has been a cham- First of all, we have adopted in both anced budget. From that point we can pion of human rights, women’s equality and the House and the Senate a budget that then begin to compare the two budgets. reproductive rights. In the 14 years I have does what we promised to do in the Second, it seems to me if the Presi- known her, I have never heard her use the election. It balances the budget over a dent is really committed to balancing phrase ‘‘population control.’’ 7-year period. It saves Medicare. It re- We deeply appreciate your past and con- the budget, he ought to endorse the forms welfare. It changes the relation- tinuing support and hope you can help set balanced budget amendment to the ship between the Government and the the record straight regarding the quote used Constitution, which has passed the people. by Representative Smith and Senator Helms. House and which is only one vote short Sincerely, In a very modest way, it begins to let of the two-thirds vote needed to pass STIRLING D. SCRUGGS, working families keep more of what the Senate and send to the States. I Chief, Information and they earn to invest in their own chil- want to call on the President, if he is External Relations Division. dren, their own families, and their own serious about balancing the budget, to Mr. FEINGOLD. United States funds futures. are already adequately and elaborately The President has said so many come out and endorse the balanced protected from being used in China at times that he is going to veto our budget amendment to the Constitu- all. In reality, what the House amend- budget bill, that I think people are be- tion, to help us get one additional ment is trying to do is prohibit U.S. ginning to believe him—not that rep- Democrat to vote for it, and in the support for family planning in the 140 etition is always a guarantee. But I process allow us to send it to the other countries that the UNFPA oper- think we have to start thinking seri- States. ates. It essentially punishes the United ously about the possibility that the I believe it is high time that we let States and other countries of the inter- President might veto the budget bill working people keep more of what they national community for China’s human that we have passed. earn. In 1950, the average family with rights violations which the UNFPA, I think it is important for individual two children sent $1 out of every $50 to again, is simply not responsible for. Members of the Senate to start making Washington. Today, that family is S 16484 CONGRESSIONAL RECORD — SENATE November 1, 1995 sending $1 out of every $4 to Washing- the regulating. I, for one, am not will- funds cannot be used to fund abortions ton. I think our action of giving a $500 ing to cut a deal in Washington, DC, and this bill retains this prohibition. In tax credit per child for every working with President Clinton, to undercut an fact, opponents of this amendment in- family in America so they can spend election that sought to fundamentally clude Senators who strongly oppose their own money on their own children change the way Government is run in abortion. They know that effective and on their own futures, is long over- Washington, DC. family planning actually reduces the due. There is no circumstance under So I think we ought to negotiate number of abortions performed. And which I am going to back away from with the President. I think we ought to this bill does not contain money for our tax cut so that Bill Clinton can try to work with the President. But we China. No United States funds may spend more money in Washington, DC. ought to make it very clear to the currently be spent in China and the bill This is not a debate about how much President that we are not going to retains this policy as well. money we spend on children, but it is back away from our commitment to This bill maintains current law. It certainly a debate about who is going balance the budget. We are not going continues to provide modest funding to do the spending. President Clinton to spend money we do not have on pro- for the United Nations Population and the Democrats want the Govern- grams we cannot afford. And there is Fund [UNFPA]. Without this assist- ment to do the spending. We want the no amount of threat and bluster that ance, the influence of the United family to do the spending. We know the can be exercised by the President that States in the UNFPA is cut off. We Government. We know the family. And is going to induce us to pull down our would have no say on how and where we know the difference. budget and continue the spending spree international family planning services So, I think, to conclude and let the in Washington, DC. are delivered. debate go back to the amendment be- I yield the floor. This bill continues to provide funds fore the Senate, for 40 years we have Ms. MIKULSKI. Mr. President, I rise to the most efficient and effective pri- been running up bills in Washington, to support the Leahy-Kassebaum vate and nongovernmental organiza- DC. For 40 years we have been borrow- amendment on family planning. tion. It is these organizations who ing more and more money. The Presi- The House has taken an extreme po- know best how to make a little funding dent’s argument to us is, ‘‘We have run sition on international family plan- go a long way. up these bills. Raise the debt ceiling ning. If their position prevails, the Mr. President, I wish we could do and pay the bills.’’ world’s poorest women will pay the more to ensure that all women have ac- It reminds me of an argument that price. I urge my colleagues to stick cess to family planning. The Leahy- was made when I was a young Member with the Senate position. The Senate Kassebaum amendment—which reaf- of Congress, in my first year, the first bill prohibits funds from being used to firms the bill passed by the Senate— debate I ever participated in. Then-ma- perform abortions—or to do anything ensures that we continue to do some- jority leader of the House Jim Wright in China. But it does this while con- thing to help the world’s poorest got up when we were getting ready to tinuing to provide family planning women to control and improve their vote on the debt ceiling, and he said, services and maternal and children’s lives. I urge my colleagues to support ‘‘It is as if your spouse has run up a big health care to the poorest people in the this amendment. bill on the credit card and the bill col- world. Mr. JEFFORDS. Mr. President, we lector is knocking at the door. You The House position is extreme be- have debated the issue of restrictions have to pay your bills.’’ cause it would gut our international on international family planning many That is what the President is in es- family planning programs. It would times in this body, and I regret that at sence saying to us. prohibit organizations that use their this stage in the process, this issue My response is, let us look at what own funds for abortion services from threatens to bring down an important American families do under these cir- receiving any U.S. funds. It would pro- foreign aid bill. cumstances. They do pay their bills. hibit these organizations from offering This body voted by a significant mar- But they do something we have not any information on abortion—even fac- gin just 1 month ago to preserve a rea- done in 40 years. They sit down around tual information about mortality re- soned family planning policy—one that the kitchen table, they get out a pad lated to unsafe abortion. The House supports important family planning and pencil, they write down how much amendment would also limit U.S. par- work in the most needy areas around money they earn, they start adding up ticipation in UNFPA—which has the the globe. Population growth is a crisis their expenses, they put together a infrastructure, the expertise, and the that cannot be ignored, that will not budget, they get out their credit cards, personnel to be the most effective pro- wait for attention at a later date. Un- they get out the butcher knife, they gram for providing family planning checked population growth will ulti- cut up their credit cards, and they re- services around the world. mately threaten every corner of the solve that, while they are going to pay The effects of this House position on globe. And a withdrawal on our part their bills today, they are not going to women’s health would be disastrous. from our current active role in edu- put themselves in a position where Over 100 million women throughout the cation and technical assistance to suc- every year the bill collector is pound- world cannot obtain or are not using cessful family planning programs ing on the door. family planning because they are poor, worldwide would be devastating. I believe defaulting on the public uneducated, or lack access to care. Experience has proven that it does debt would be irresponsible. I believe Twenty million of these women will not take a lot of money to have a large shutting the Government down to seek unsafe abortions. Some women effect upon population growth. How- make a political point is unnecessary will die, some will be disabled. Many of ever, it does take efficient program- and unfair. But there is something these women are very young; they are, ming, consistency, and a commitment worse than defaulting on the debt. in fact, still children themselves. When for the long term. We put that all at There is something worse than shut- children have children, they often lose risk in this debate today if we back ting the Government down. And that is their chance to obtain schooling, a away from the longstanding position of continuing a spending spree that will good job, and ultimately, self-suffi- this body, that restrictions on family destroy the future of our children. ciency. If the House position prevails, planning funding to nongovernmental That is worse than both shutting the women will not be able to fully partici- organizations overseas should be the Government down and defaulting on pate in development and democratiza- same as those applied to U.S. organiza- the debt. And I am not going to vote tion. tions. for a budget, and I am not going to In this bill, we seek to maintain our Mr. President, the stakes in this de- vote for a compromise, that continues modest role in providing family plan- bate are even higher today than usual. the spending spree in Washington, DC. ning to the world’s poorest women. To This is the only issue in disagreement The American people in 1994 gave us this end, we should be clear about what between the two bodies on a large and a Republican majority in both Houses is in the bill—and what is not. substantive bill; 192 differences have of Congress with a clear mandate: Stop This bill does not contain money for been resolved, resulting in a reasonable the taxing, stop the spending, and stop abortions or abortion lobbying. Federal bill that, with the exception of this November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16485 issue alone, has broad support on both amendment would prohibit the United How can we expect underdeveloped sides of the aisle in both bodies and is States from participating in the countries to pull themselves up when acceptable to the administration. Yet, UNFPA unless the President certifies the world’s population is growing at a failure to insist on the Senate position that the UNFPA will withdraw its pro- rate of more than 10,000 people per on this important issue, namely a con- gram from China. No one condones Chi- hour? Today, there are more than 5.7 tinuation of current law, would doom na’s coercive abortion policy—I cer- billion people on this Earth. this important legislation to a certain tainly do not. In fact, there are specific We simply must address these issues. veto. We have enough issues in dis- prohibitions already in law on the use We must acknowledge that we cannot agreement with the administration of United States funds for UNFPA’s talk about population growth without without adding this one to the list. program in China. And although there talking about the very real and very I thank the Senator from Kansas have been allegations that UNFPA tragic effects of overpopulation: [Mrs. KASSEBAUM] for her consistent funds were going to support coercive First, the destruction of our environ- abortions in China, these allegations leadership on this issue and I urge sup- ment; and port for the Leahy-Kassebaum amend- have never been substantiated. The Second, the destruction of people— ment. problem is with China’s family plan- mostly women and young children who ∑ Mr. HATFIELD. Mr. President, once ning program, not the UNFPA’s. live in poverty and die from malnutri- again the Senate and the House face Despite the fact that the United tion, starvation, lack of access to basic the prospect of holding up an impor- States has been quite outspoken health care, and botched illegal abor- tant appropriations bill over the issue against the practices in China and has tions. of abortion. I am dismayed that we find already prohibited the use of our funds ourselves in this position especially be- there, those opposed to family planning We need to be working to address cause the bill before the Senate clearly continue to use it as a reason to with- these issues instead of spending count- and explicitly prohibits the use of U.S. draw all of our support for the UNFPA. less hours debating our philosophical funds to pay or lobby for abortion in This would mean that the U.S. could differences on abortion. We have been our foreign aid programs. The pro- not participate in a program that has over that issue more times than any of grams at stake involve family plan- the ability to reach into areas where us care to count. ning—not abortion. no single U.S. program can. The Mr. President, I believe direct, sub- I am strongly pro-life and do not sup- UNFPA currently provides voluntary stantial, and long-term benefits flow to port abortion except in cases where the family planning assistance to over 140 American families from our national life of the mother is endangered. I am countries besides China; 90 of those na- investment in sustainable development also strongly pro-family planning and tions have populations expected to dou- and population efforts. have long been an outspoken supporter ble within the next 30 years. In addi- Today, as we approach the 21st cen- of our domestic and international fam- tion, nearly half of UNFPA’s assistance tury, we are facing a world that will be ily planning efforts. I support family is used for family planning services and more economically competitive and planning because I believe if more cou- maternal and child health care in the more challenging than ever before. ples have access to contraceptives and poorest, most remote regions in the This is not the time to be weakening understand the consequences of the world. As a nation, we cannot afford to our role as the world leader in these lack of family planning, we can make limit our participation in the UNFPA. areas. Therefore, I am pleased to say that I abortion a moot issue. am a cosponsor of the Leahy-Kasse- Instead, I believe it is in the best in- But beyond making abortion a moot baum amendment to strike the House terest of America’s children and fami- issue, there are also development and amendment and return to current law lies for the Congress to reaffirm and so- environmental consequences of uncon- on lobbying for or against abortion lidify our commitment to population trolled population growth. According which was so carefully crafted by our stabilization, reproductive choice, and to the United Nations, the 1990’s will colleague from Kansas. I hope that the other critical health and sustainable see the greatest increase in human Senate will retain the position we had development programs. numbers of any decade, as the world’s when we first passed this bill. More- For the past 12 years or so, I have population grows from 5.3 billion to over, I hope those on both sides of the spent a lot of my time here in the Sen- 6.25 billion by the end of this century. issue will take a closer look at what we ate focussing on the domestic and We know that rapid population growth are doing by polarizing the issue of international high-technology indus- in the developing world can overwhelm abortion and using it to hold up these tries. I have worked to develop strate- the gains made in living standards. very important funding bills. Can we gies to strengthen the technology and According to the World Bank, in sub- not come together to try to resolve the manufacturing bases in this country Saharan Africa the 3.7-percent growth abortion question through the author- and to secure higher wage jobs for in gross domestic product will not be izing process? If not, I am afraid we are Americans. sufficient to offset the effects of sky- relegating ourselves to years of dead- I have focussed on these issues be- rocketing population growth, and the lock and further polarization.∑ cause of my concern for the long-term number of poor will increase. On the Mr. BINGAMAN. Mr. President, I rise economic viability of our Nation. I be- environment front, when we look at today in strong support of the amend- lieve that to secure our economic fu- ozone depletion, global warming, de- ment to H.R. 1868, the Foreign Oper- ture, the United States must be fully struction of tropical rain forests, and ations Appropriations Act of 1996 of- equipped to compete long term with the elimination of species diversity, we fered by my good friend from Kansas, Japan and other highly developed inevitably see the connection between Senator KASSEBAUM, and my good countries. those phenomena and the population friend from Vermont, Senator LEAHY. But at the same time, I believe we explosion. Mr. President, international popu- cannot have a successful economic The international family planning lation growth is a significant issue for strategy in this country if we do not programs that we fund through the foreign policy for the United States. It devote serious attention to the econo- U.S. Agency for International Develop- is a significant issue for domestic pol- ment and the United Nations Popu- icy, for that matter. Of all the chal- mies of the developing world. lation Fund [UNFPA] ensure that the lenges facing our Nation and the world, Over the past 10 years or so, growth United States will maintain a leader- none compares to that of increasing in U.S. exports to the developing world ship role in addressing the population population growth. has exploded; and today, developing problem. The House limitations which Our efforts to protect the environ- countries account for about 40 percent were struck by the Senate would un- ment, to promote economic develop- of a growing U.S. export market. dermine our ability to continue to play ment around the world, and to raise In fact, trade with the developing this important role. the status of women, will be futile if we world is growing at a rate that far ex- I would like to mention in particular do not first address the staggering rate ceeds the growth rate of U.S. exports our support of the UNFPA. The House of global population growth. to developed countries. S 16486 CONGRESSIONAL RECORD — SENATE November 1, 1995 I believe a significant factor in this statements that were made by the pre- ments. It is a matter of simple fairness, growth has been the modest U.S. com- vious speaker, the Senator from Texas. and it should be preserved. mitment to development and popu- He said that this position that is em- What we are talking about here lation assistance in the developing braced in the amendment of Senator today are the programs that are so es- countries. LEAHY and Senator KASSEBAUM has sential that will make a difference in Mr. President, funding for efforts been rejected by the Congress in the the developing countries. These include such as those of the U.N. Population past. That is not true. Back in 1989 voluntary family planning services, Fund and the UNFPA, are critical to both the House and the Senate, in fact, contraceptive research, maternal addressing these issues which are rejected the Mexico City policy. health programs, and child survival among the most serious the world faces In addition, he said this amendment programs. and is why I rise in strong support of before us today embraces coercive That is what we are talking about. the Kassebaum-Leahy amendment to abortion. Nothing could be further We are not talking about abortion. The the foreign operations appropriations from the truth. No one here supports fact is that this Congress back in 1973 bill and hope that we will once again coercive abortions. It is morally wrong, passed the Helms amendment that pro- send a strong message to the House and, furthermore, it is illegal. hibits the use of any U.S. funds for that this funding must, and will, be The fact is, our policy does not sup- abortion-related activities. That is the preserved. port abortions in terms of inter- law. That will continue to be the law. Mr. BIDEN. Mr. President, the national family planning assistance. What we are supporting is assistance Leahy-Kassebaum amendment puts me Unfortunately, this issue has been mis- through international family planning in a difficult position because it com- represented so many times in the past. programs, and to those private organi- bines two separate issues. We have to get beyond those misrepre- zations that have been the most effec- On one hand, I have consistently sup- sentations with respect to this issue. tive around the world. ported efforts to reverse the so-called The United States does not support, So it is a matter of whether or not we Mexico City or International Gag Rule through its international family plan- want to assist those countries that policy and therefore support ning assistance, abortion. Those funds have a truly difficult problem in con- reinserting the Kassebaum language cannot even be commingled with an or- trolling population growth, if we deny that overturns the Mexico City policy. ganization that may use its funds for assistance as American assistance to On the other hand, I have consist- abortion. The fact of the matter is, these programs, such as the Inter- ently opposed United States funding under the Mexico City policy, our funds national Planned Parenthood Program for the U.N. Population Fund while the could still go to a government that that provides more than assistance to organization continues to operate in uses its own funds for abortion or abor- more than 160 countries. When the China. The amendment before us would tion-related activities. Yet, on the Mexico City policy that took effect strike a restriction on UNFPA funding other hand, we deny those organiza- that Senator KASSEBAUM referred to that I have supported. tions who are the most instrumental back in 1984, 50 of those affiliates Of course, I must vote yes or no on and the most effective in providing around the world were denied assist- the entire amendment. I cannot vote international family planning assist- ance. This has impaired our ability to for part and against part. ance, family planning money, if in fact support the most capable family plan- Therefore, upon reflection, I will vote they use their own private funds for ning programs in countries such India, in favor of the amendment. Inter- abortion-related activities. which has more births each year than national family planning programs do Nigeria, Pakistan, Bangladesh, In- provide important services that lead to This amendment would overturn the donesia, Brazil, and Mexico combined. healthier families and help to prevent Mexico City policy. That is what the high population growth rates, environ- Senate voted on, and, I might add, by a I think it is a sad irony that by the mental degradation, and the need for vote of 57 to 43—57 to 43. time the Mexico City Conference 10 abortion. Unfortunately, the House has chosen years ago embraced this policy that de- We can and we should continue to not to compromise at all on this issue. nial of additional American assistance prohibit U.S. tax dollars from being But I would urge the Senate to stay to family planning programs came at a used for abortions. But, I believe that firm and committed to the position time when most developing countries the U.S. Government should not be dic- that we have taken—that not only do had come to understand the impor- tating what nongovernmental organi- we reject the Mexico City policy, but tance of voluntary family planning zations do with their own funds in their that, yes, we continue to provide funds programs to their own countries’ devel- work to provide family planning serv- to UNFPA which we are also on record opment. It is interesting because it ices around the globe, as long as they in support of. took that long for us to convince other do not use any Federal funds for abor- I think it is unfortunate that we have countries what they needed to do, and tion. so many different issues entangled. The the validity of those programs and the Nevertheless, I would like to make it issue is whether or not you support impact it would have in containing the clear to my colleagues and constitu- family planning. If you are against growth in those countries. Now we are ents that my vote today does not rep- abortion, the most reasonable approach attempting to resume our leadership resent a change in my position on U.S. to take is to support international role, and some are asking us to turn funding for the U.N. Population Fund family planning programs. The United our backs. at this time. We must continue to do States has been the forerunner. We If we believe in voluntarism and fam- all that we can to pressure the Govern- were a leader in international family ily planning—and we do—and, if we be- ment of China to cease any program of planning assistance. We cofounded lieve that abortion should be avoided forced abortion or sterilization as a UNFPA. We sit on their governing as a method of family planning—and means of population control. board. Now we are saying, well, we are we do—then we should maintain our Ms. SNOWE addressed the Chair. sorry. We will somehow untangle all of leadership. We have unrivaled influ- The PRESIDING OFFICER. The Sen- this family planning money under the ence in setting standards for family ator from Maine. notion of abortion when, in fact, our planning programs. A great number of Ms. SNOWE. Mr. President, I rise in money does not go for that purpose. If other donors and recipient countries support of the amendment that has we are truly serious about supporting adopted our own model in their own been offered by Senator LEAHY and family planning programs that are ef- program. Senator KASSEBAUM. I ask unanimous fective, then we have to provide the And I would hope that we would re- consent to be included as cosponsor of necessary funding. That is what this is ject the arguments in that tradition in that amendment. all about. We are asking that we put the position taken by the House of The PRESIDING OFFICER. Without into permanent law a nondiscrim- Representatives with respect to this objection, it is so ordered. inatory policy on the funding of pri- issue because it is taking us a step Ms. SNOWE. Mr. President, first of vate organizations, that we treat them backward. We talk about UNFPA being all I would like to correct a few of the the same as we do foreign govern- a leader, an organization that has been November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16487 a leader in international family plan- I want to commend my colleague UNFPA’s goal is to eliminate the ning programs, and, in fact, provides a from Maine, Senator SNOWE, for the ex- need for abortions. They do so by pro- third of all of the assistance in deliver- cellent statement which she just made viding maternal and child health care ing family planning programs around on the subject. and voluntary family planning serv- the world. The House position, which we should ices. These are the kinds of programs UNFPA does not support coercive all vote to reject, is a wolf in sheep’s that are unquestionably the most effec- abortions in China. No one does. We clothing. It pretends to be anti-abor- tive means of preventing abortion. And put a number of restrictions on our as- tion. But in fact, it is anti-family plan- the majority of UNFPA’s assistance sistance to UNFPA because they still ning and does not affect the question of goes towards projects in these areas. work in China. They are trying to pre- abortion funding at all. In addition to targeting UNFPA vent what is happening in China. But In addition, the House position pre- funding for elimination, the House po- we put restrictions in any event so tends to address the horrendous prob- sition seeks to reinstate language simi- those who say our money is fungible lem of forced abortions in the People’s lar to what used to be called the Mex- can be transferred to one account to Republic of China—in the guise of try- ico City policy. another. The United States did not ing to solve that terrible problem by The House-adopted language is broad contribute to UNFPA during the time denying United States support for the and ambiguous. It will impose a gag of the Mexico City policy. We also de- United Nations Population Fund. rule on foreign nongovernmental fam- nied assistance to UNFPA, but in 1993 Mr. President, the debate surround- ily planning organizations—denying the U.S. resumed contributions to the ing UNFPA began over a decade ago those organizations U.S. support if UNFPA organizations with four major during the Reagan administration. they provide certain services—not lim- limitations. One, that no United States Foes of UNFPA claimed then, as they ited to abortion—with their non-U.S. funds could go to China; two, United do today, that the United States funds. States funds are prohibited from fund- should withdraw support for UNFPA For example, in Russia, where abor- ing coercive abortions and involuntary because of the fund’s presence in China, tion is legal, the United States cur- sterilization; that United States funds where there have been persistent re- rently provides humanitarian aid to to UNFPA must be held in a separate ports of government sanctioned forced help local family planning clinics de- account from all other UNFPA funds so abortions. liver better services to women. Years there is no comingling; and, that Mr. President, there is no question ago, the United States determined this UNFPA funding for China could not in- that the Chinese do many things that I to be a priority within our Russian aid crease for the 5 years once the United abhor. Forcing women to have abor- program because of the tragically high States resumes its contributions to tions or forcing individuals to undergo abortion rate for Russian women who, UNFPA. In fact, the UNFPA program sterilization is a gross violation of lacking family planning services, often in China will end at the end of this human rights and should be condemned have as many as 10 or 12 abortions over year. by our Government at the highest their life time. So we have enormous protection in level. If, however, we adopt the House lan- the event that any money would be Likewise, the killing of female in- guage, we may be prevented from help- transferred indirectly—not indirectly fants in China is widespread and repug- ing Russian family planning clinics because we have never provided funds nant—and appears to often go simply because those clinics are affili- in that regard—but even indirectly be- unpunished by Chinese officials. ated with Russian hospitals where But it would be illogical—and coun- cause of UNFPA’s presence in China. abortions are performed. terproductive—for the United States to So we have put all those protections This would be making a bad situation pull out of those international agencies into law. worse—pulling support from clinics that give aid to children in China be- But now people are saying we should that are doing their best with scarce cause the horrific practice of female in- not provide any assistance to UNFPA. resources to provide alternatives to That is the leading organization pro- fanticide plagues that nation. So why should we ask UNFPA to abortion for so many desperate Russian viding and supporting multilateral women. family planning programs throughout carry the sins of China on its shoulders So the House language is double the developing world. I think that is a when it comes to the question of fam- trouble—targeting UNFPA, the world’s truly regrettable. We should be doing ily planning? largest source of voluntary family everything that we can to assist these The facts have never supported this planning services, as well as the hun- countries in controlling their popu- approach. dreds of smaller local family planning lation problems because we know the When the question of UNFPA funding providers around the developing world. implications that it has for global and was first debated during the Reagan economic instability. administration, officials under Presi- Ironically, by denying support for so So I think that we as a country dent Reagan investigated the issue and many organizations that provide qual- should be a leader in that regard as we found—and I quote from an AID docu- ity family planning services, the House have been in the past. I hope we will re- ment from that time—that ‘‘UNFPA is language might well have the unin- sume that leadership role. a benevolent factor in China which tended effect of increasing the inci- Mr. President, I urge Members of the works to decrease the incidence of co- dence of abortion in China and else- Senate to adopt the amendment offered ercive abortion’’ in China by providing where. by Senator LEAHY and Senator KASSE- effective family planning services. As has been pointed out by others BAUM. I think that there is no question That same Reagan administration in- during this debate, the foreign oper- that these countries need our assist- vestigation found absolutely ‘‘no evi- ations conference report continues the ance. They need our help. They need dence’’ that UNFPA participated in or longstanding policy of banning the use our leadership in international family supported in any way China’s coercive of U.S. funds for abortions overseas. planning—not only in our country and family planning practices. That ban, commonly known as the our own future, but for theirs as well. Sadly, caught up in the pro-life poli- Helms Amendment, has been a part of I yield the floor. tics of the time, UNFPA was nonethe- the permanent foreign aid statute since Mrs. MURRAY addressed the Chair. less defunded by President Reagan. 1973 and remains unchanged in the The PRESIDING OFFICER. The Sen- President Clinton has since resumed committee’s bill. ator from Washington. U.S. support for this agency, and there- Further, the conference report pro- Mrs. MURRAY. Mr. President, thank in lie the roots of today’s debate. hibits the use of U.S. funds for abortion you. Through all of this, however, the lobbying. Mr. President, I rise in support of the facts have been clear—that UNFPA has In addition, UNFPA’s own position Leahy-Kassebaum amendment on fund- been part of the solution in China, by on abortion provides additional safe- ing for international family planning helping to reduce the incidence of abor- guards. UNFPA does not, and never programs and against the House posi- tion in that country and others by pro- has, supported abortions or abortion- tion to cut and restrict family plan- viding high quality voluntary family related services in any country in ning aid. planning services. which it operates. S 16488 CONGRESSIONAL RECORD — SENATE November 1, 1995 According to the UNFPA’s governing against impossible odds to better their These are nongovernmental entities Council, it is ‘‘the policy of the UNFPA lives, and who desperately need repro- that work hard to make sure that over- . . . not to provide assistance for abor- ductive health care services. population is addressed by prevention. tion, abortion services, or abortion-re- Let us keep this debate squarely fo- To punish—to punish—these non- lated equipment and supplies as a cused on the young mothers around the governmental entities in this bill, as method of family planning.’’ world, who have small children or ba- the House wants to do, by restricting So the real question facing the Sen- bies and need family planning assist- their funding and holding them to a ate today is this: The conference report ance to ensure that they do not become standard that really has no rationale, is already stringently anti-abortion. pregnant again too quickly—endanger- to me, makes no sense. Then, of course, But if we adopt the House language, ing their own lives and that of their ba- we have the attack on the U.N. Popu- thereby disqualifying the most tried bies and young children. lation Fund in this House amendment, and true family planning organizations Let us keep this debate squarely fo- which the Leahy-Kassebaum amend- from receiving U.S. support, do we cused on the thousands of women in ment would strike. really want to make this bill anti-fam- poor nations who, lacking access to re- The United States was instrumental ily planning as well? productive health care, resort to self- in creating the U.N. Population Fund Let me take a minute to review for induced abortions and, too often, trag- in 1969 and, until 1985, provided nearly my colleagues why U.S. support for ically lose their lives. Experts estimate 30 percent of its funding. UNFPA is the voluntary family planning is so impor- that at least half a million women will largest internationally funded source tant. die from pregnancy-related causes, of population assistance, directly man- While childbirth anywhere carries roughly 200,000 from illegal abortions aging one-third of the world’s popu- certain risks, in the developing world which are prevented when women have lation assistance to developing coun- mothers face grave statistics. In Afri- family planning services. tries. It is the principal multilateral ca, for example, 1 out of every 21 The issues of refunding UNFPA and organization providing worldwide fam- women will die as a result of pregnancy the Mexico City policy came before ily planning and population assistance or childbirth, making the African Congress again and again when Presi- to developing countries. It operates in woman 200 times more likely to die as dents Bush and Reagan were in office. over 140 countries in the poorest and a result of bearing her children than a Congress repeatedly voted for the Unit- the most remote regions of the world. European woman. ed States to resume UNFPA funding, Nearly half of the UNFPA assistance is The kinds of programs provided by and to reject Mexico City-like restric- used for family planning services and UNFPA and other voluntary family tions on our family planning program. maternal and child health care. An- planning organizations can prevent So let us move on to the task of en- other 18 percent is allocated for related many of these maternal deaths. suring that women in the developing population information, education, and So when we support family planning world have access to the kinds of repro- communication. aid, we are supporting those women ductive health services they deserve. I say to my friends who call them- and families across the developing Let us adopt the Leahy-Kassebaum selves pro-life—and you have every world who seek the means to space amendment. right to call yourself whatever you their births and avoid high-risk preg- I yield back the floor. want. And if that reflects your view on nancies. Mr. LEAHY addressed the Chair. issues, fine. I feel I am for life, but I am Equally important, when we support The PRESIDING OFFICER. The Sen- pro-choice. And I feel I am for life be- family planning aid, we are increasing ator from Vermont. cause I am pro-choice, because I want the chances that child survival rates Mr. LEAHY. Mr. President, a number to make sure that families have what will increase across the developing of Senators have spoken on this issue. they need to engage in sensible family world. And I also know that the Senate bipar- planning so they are not faced with We know that babies born in quick tisan leadership and the House biparti- terrible choices. succession, to a mother whose body has san leadership are meeting with the Why on earth would the House of not yet recovered from a previous President, so there will not be a roll- Representatives and some Members of birth, are the least likely to survive. call vote immediately. the Senate want to punish an organiza- Voluntary family planning programs I urge Senators who wish to speak on tion that helps people with family seek to support child survival efforts, this subject to come to the floor and planning services, that educates them and help women understand the vital speak. I see the distinguished Senator on how to prevent unwanted preg- link between child survival and family from California, and I ask the Senator nancy, how to prevent sexually trans- planning. if she wishes to speak. mitted diseases such as AIDS and oth- So as I noted in my earlier remarks, Mrs. BOXER. About 7 minutes. ers? Why would we want to punish the House language will do nothing to Mr. LEAHY. Whatever time the Sen- those organizations? prevent abortions in China or else- ator wants. Well, I think it is clear why. Because where. But it will prevent vital health Mr. President, I yield the floor so the when you strip it all away, there is services from being delivered to women distinguished Senator can, in her own punishment at work out here, punish- and children in the world’s poorest na- right, have the floor. ment for organizations that believe it tions. Mrs. BOXER addressed the Chair. is very important to keep abortion safe I urge my colleagues to remember The PRESIDING OFFICER. The Sen- and legal. And I do not think it is the what is really at stake here. This is a ator from California. job of the U.S. Senate or the House of public health issue, and an extremely Mrs. BOXER. Mr. President, I am Representatives to lash out at these serious one. very pleased to rise in support of the people who are working in the most Family planning saves lives. Experts Leahy amendment. I think the Senate difficult conditions, in the most dif- estimate that the lives of 5.6 million was right on this issue, and I think the ficult areas of the world, and punish children and 200,000 women could be Senate should hold its ground. The them for no other reason other than saved every year if all the women who Senator from Kansas, Senator KASSE- they believe, if abortion is legal, let us wanted to limit their families had ac- BAUM, worked hard to write language make it safe. That is what this amend- cess to family planning. that makes sense. Senator LEAHY has ment would do. I ask my colleagues to really think worked with her. The fund that the House of Rep- about those statistics—5.6 million chil- We ought to be very clear in this resentatives and the Republicans over dren and 200,000 women each year. body that we support family planning, there want to stop provides support for So when we debate this issue of certainly we do not want to see abor- population data collection and analy- whether to support voluntary family tion, and we are not going to cut the sis, demographic and socioeconomic re- planning programs like UNFPA and legs out from under agencies that work search, and population policy formula- others, let us keep this debate focused to prevent abortion, that work to make tion and evaluation. squarely where it belongs—on the sure there is family planning all over What does that mean? It means that world’s young women, who struggle the globe. we need to know statistically what is November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16489 going on in these countries. Is birth not say that you will not die if you go lion out of Medicare and give a tax cut control working? Is family planning ahead with this birth,’’ and you and to the rich with it. Just like they are working? How is the infant mortality your wife and your family had to face radical on their environmental policy rate connected with runaway popu- a horrible decision, a terrible, terrible where the Republican study group put lation growth? In 1993, UNFPA sup- choice. out a bulletin—I am going to put it in ported 1,560 projects in 141 countries, I ask you, why should Members of the RECORD—that is a guide to Repub- including 44 countries in sub-Saharan Congress climb into that living room licans in the House and says, ‘‘Go home Africa, 33 countries in Latin America with you and tell you what to do with and plant a tree and visit your zoo and and the Caribbean, 39 countries in Asia your family? I am revolted by it. I am then they can never say you are and the Pacific, 25 countries in the disgusted by it. And I am stunned that against the environment.’’ Go home Arab States, and in Europe. a party that says, ‘‘We don’t want to and plant a tree and visit your zoo and Already we have a prohibition on get in the middle of your life,’’ would give a report card out to the best U.S. dollars; they cannot be used for get right in the middle of your most environmentals and then, yes, you can abortion. That is clear. And that has personal decision. vote against the Clean Air Act, the been in the law for a long time. But What is going on here with the wetlands, forget the Endangered Spe- this is that long arm reach of big UNFPA is an outgrowth of that men- cies Act. Who needs the bald eagle any- brother and the Contract With America tality. ‘‘Oh, yeah, we want you to make way? that says, ‘‘We are going to stop them your own decisions’’—except if we dis- Well, it is a radical crowd. They have from everything that they are doing, agree with it, then we are going to pass gone too far, and this is an example, including family planning, even if they a law—‘‘your most private, personal, UNFPA, an organization that does so use their own funds for abortion-relat- difficult, agonizing choices that you much good out there. ed activities.’’ should make as a family.’’ And now we UNFPA helps to promote male par- I find it incredible, my friends, that are going to reach in to nongovern- ticipation and responsibility in family the Republican-led Congress that talks mental organizations that operate in planning programs; address adolescent about States’ rights and local control Latin America, in Africa, in Europe, reproductive health; reach isolated wants to take the long arm of Uncle and we are going to tell them as Mem- rural areas with high demands for fam- Sam and put it in the middle of these bers of Congress, because we are so im- ily planning services. countries, into nongovernmental orga- portant and we know so much about They want you to believe in this nizations that are out in the worst cir- everything, that we are going to deny amendment that it is about China. Let cumstances, in the worst poverty, and them funding even with their own me be very clear. No United States stop these organizations from doing funds, with their own privately raised funds made available to the UNFPA their good work by forcing them to funds—not our funds—they help a shall be made available for any activi- say, ‘‘You can never be involved, even woman with a safe and legal abortion, ties in the People’s Republic of China. with your own funds, in abortion-relat- rather than force her into some back Our funds are not being used for any ed activities, even if abortion is legal alley and some butcher’s knife. activities in China. I do not want them in the country.’’ I hope the Senate stands tall on this to go to China because they have a pol- UNFPA programs contribute to im- amendment. It is very important that icy, we know, that we do not agree proving the quality and safety of con- we do. It is all interconnected. It is all with: forced abortion, particularly as it traceptives, to reducing the incidence about what we stand for as a nation. relates to females. of abortion, and to improving reproduc- Do we stand for individual rights, or do So the bottom line is, none of us is tive health and strengthening the sta- we stand for Big Brother telling us how for that, but this has nothing to do tus of women. Well, I think we ought to make these private, agonizing, and with this amendment. UNFPA United to be applauding the UNFPA. I think difficult choices? States funds do not go to China and we ought to be applauding the work of Let me tell you what the House did will never go to China. It is a back- the U.N. Population Fund, not saying, today in their vote. They said if there door way to hurt a very important pro- ‘‘We’re going to take away your fund- is a midterm or late abortion, it is ille- gram. It is about ending the U.S. par- ing, nongovernmental organizations in gal and the woman and the doctor can ticipation in the U.N. family planning other countries, if you use your own go to jail. Oh, yeah, they can defend fund where we have been active since funds to ensure that women get safe, themselves. The doctor can use as a de- the sixties, and we should be proud of legal abortions.’’ fense, ‘‘I thought her life would be our activities there, because we are You know, I was around this country threatened,’’ but there is no presump- saving lives, we are giving health care when abortion was illegal, and I want tion that the doctor can make that rul- to people who need it desperately, and to tell you what it was like because a ing, not even an exception for life of we are not controlling the way people lot of the younger people do not re- the mother. think. Why should we? It is their right member it, and some of the older, older In my opinion, what the House did in their country to support safe, legal people are beginning to forget. today will lead to women dying if this abortions if they want. We should not But what it was like is the following: Senate does not stand up against it. I try to gag them as a result of our par- Abortions were illegal, but women have to tell you, I will stand on this ticipation in UNFPA. still, in certain dire circumstances, floor as long as it takes—and people So I hope the American people follow chose to get them. They risked their know me, they know I will—to stop this debate, because there is a linkage lives. They had to go down back alleys. that kind of legislation from becoming here to what has gone on in the House They had to beg, borrow, and steal the the law of the land, to stop an attack today, their attack on a woman’s right money. It was risky, and it was dan- on women. to choose. They basically ended Roe gerous. Hundreds of women died every I have not read on this floor some of versus Wade today, because Roe versus year. I do not understand how someone these cases and the agony of these Wade said, in the late terms of a preg- can call himself pro-life when they cases where women are faced and their nancy, after the first trimester, the want to go back to those days. husbands are faced with the most dif- State shall regulate. They stepped in Today we had a vote on the House ficult decisions of their lives. I, frank- and took over and reached the long side, an overwhelming vote, related to ly, was not elected to be God, and I was arm of Uncle Sam into every doctor’s late-term abortions. To tell you how not elected to be a doctor. They even office in America, disrespecting radical this group is over there, they made up a term called ‘‘partial-birth women, disrespecting families, dis- did not even make an exception for the abortions.’’ There is no such scientific respecting individual rights, dis- life of the mother. term. They made it up just to try to in- respecting physicians. So I say to the men in this country, cite people’s emotions. They have gone too far, and now in think about what it would be like if Let me tell you, they are going too this bill we face this fight. I hope that your wife came home, they had found a far. They are radical, and they are my colleagues will support the Leahy- cancer, she was in the mid-term of her going too far. Just like they are radical Kassebaum language. It is the language pregnancy, and the doctor said, ‘‘I can- in their budget when they take $270 bil- we all agree with. We are not saying in S 16490 CONGRESSIONAL RECORD — SENATE November 1, 1995 any way in this bill that Federal funds work directly with the people who care most Through your local Chamber of Commerce or are going to be used in any way for about the environment in your commu- National Federation of Independent Busi- abortion, but what we are saying with nities—your constituents. nesses, do some investigative work to seek this amendment is that nongovern- The time to act is now. In order to build out environmental related companies in your credibility you must engage this agenda be- district. If you have an environmental com- mental organizations—nongovern- fore your opponents can label your efforts pany in your district, contact the facility mental organizations—operating in ‘‘craven, election year gimmicks.’’ Remem- and arrange for a tour. other countries have a right to do what ber, as a famous frog once said, ‘‘it ain’t easy During the tour be sure to invite the media they will with their own funds. being green,’’ your constituents will give you to participate (make sure you receive per- As far as UNFPA, they are using this more credit for showing up on a Saturday to mission from the facility). Become briefed on China argument and distorting it. They help clean up the local park or beach than the company’s mission and offer your sup- just want to get us to pull out of this they will give a press release from some port. Chances are, the company will be family planning, this very important Washington-based special interest group. happy to participate in this earned media op- Think of it this way, the next time Bruce portunity which offers them positive media agency. I hope we will support PATRICK Babbit comes to your district and canoes coverage. LEAHY on this one. down a river as a media stunt to tell the V. Start a conservation task force I ask unanimous consent that the press how anti-environment their congress- think-globally-act-locally House Re- man is, if reporters have been to your boss’ One of the best ways to keep informed re- publican Agenda be printed in the adopt-a-highway clean-up, two of his tree garding local environmental issues is to or- RECORD. plantings, and his Congressional Task Force ganize a local conservation task force in There being no objection, the mate- on Conservation hearings, they’ll just laugh your district. In addition to keeping you in- formed on local environmental issues, this rial was ordered to be printed in the Babbit back to Washington. ACTION ITEMS group can also assist you in developing an RECORD, as follows: environmental legislative agenda. To set up THINK GLOBALLY, ACT LOCALLY—A PRO-AC- I. Tree planting such a group invite local environmentalists TIVE, PRO-ENVIRONMENT AGENDA FOR HOUSE Whether sponsoring tree planting pro- and sportsmen to join. Groups to contact in- REPUBLICANS grams in your district or participating in on- clude: garden club members, 4H representa- INTRODUCTION going tree planting programs, this exercise tives, Ducks Unlimited members, Audobon As we all know, the environmentalist provides Members with excellent earned members, and other local or grass-roots or- lobby and their extremist friends in the eco- media opportunities. When participating in ganizations that are symphathetic to your terrorist underworld have been working tree planting programs you should include common sense environmental agenda. both children and seniors. In addition, while overtime to define Republicans and their VI. Local conservation groups and boards it is important to discuss the positive envi- agenda as anti-environment, pro-polluter, ronmental aspects of planting trees, don’t What types of environmental groups are al- and hostile to the survival of every cuddly forget the symbolism that trees represent— ready active in your district? Look for zoo critter roaming God’s green earth. boards, garden clubs, or other community While we all know that this characteriza- i.e. roots in the community, family, and dis- conservation/environmental groups in your tion of Republicans is far from true, it will trict. district. Become an active board member continue to be the drumbeat message of the Tree planting can occur at schools, parks, where possible. left for as long as it helps them a) grab head- public buildings, and even senior centers. If lines, b) write fundraising letters, and c) en- the Member plans on sponsoring his/her own VII. Local school participation ergize people who consider themselves pro- tree planting program, consider, contacting local nurseries who may donate trees for the Many school curriculums include environ- environment. mental issues or offer special environmental The new Republican Congress is committed cause. (Contact the ethics committee prior to undertaking this activity) programs. Find out which schools offer these to updating environmental legislation writ- programs and become a guest lecturer. In ten in the 1960s and 1970s to better address II. Special environmental days—Earth Day & your lecture be prepared to offer congres- the problems of the 1990s and for the century Arbor Day sional environmental action highlights as to come. As we move this agenda based on During the year there are at least two days well as a reaffirmation of your commitment sound science, results and real clean-up, bet- when the ‘‘environment’’ is a major news to a clean environment. ter use of tax dollars, respect for property story. VIII. Constituent letter data base rights, and less reliance on lawyers, the es- Earth Day—Usually third week in April. tablishment environmentalist community in Arbor Day—Proposed in 1996 for April 26th. Undoubtedly, your office has received envi- Washington has begun its own fear campaign During these special environmental days, ronmental related constituents letters. to preserve the status quo they make a liv- chances are good that the media will be writ- Hopefully, you have coded these letters in ing from. ing an Earth Day or an Arbor Day story. In your data base. These are constituents who Although Republicans and the vast major- addition, chances are also good that some- care enough about the environment to take ity of the American people believe you can’t where in your district there will be a group the time to write you and in many cases will have a strong economy without a strong en- sponsoring an event. Plan on participating in appreciate updates from you concerning your vironment, and you can’t have a strong envi- these events, or at a minimum, plan on re- environmental agenda. These are also the ronment without a strong economy, the ex- leasing a statement of support. In your same people that you can ask to participate tremist environmental movement will stop statement of support, make sure to include in your conservation task force. at nothing to distort the facts, lie about our your positive environmental activities. IX. Using recycled materials & initiating a legislative agenda, and paint you and your III. Adopt a highway, walking trail or bike path recycling program in office fellow Republicans as the insensitive ex- While traveling your district, you will no One of the best ways to show your concern tremists in this fight. And while we will doubt come across ‘‘Adopt a Highway’’ signs. about the environment is to lead by example. never satisfy the most extreme in the envi- This is an excellent program that embodies One way to show this is to announce an of- ronmental movement, to many in our grow- the Republican philosophy of volunteerism. fice policy which includes purchasing recy- ing Republican majority—especially subur- To participate in this program you should cled materials and initiating a recycling pro- ban women and young people—the environ- contact your state, county road commission, gram in your office. When announcing this ment is an important issue. or local roadway authorities. In addition to the legislative battle the new office policy be sure to include local en- In addition to participating in an ‘‘Adopt a Conference will help you fight, and win, here vironmentalists who will praise your ac- Highway’’ program, you may also want to in Washington to bring common sense re- tions. participate or initiate an ‘‘Adopt a Walking forms to environmental legislation such as X. Recycling facilities in district Trail’’ program or ‘‘Adopt a Bike Path’’ pro- the Endangered Species Act, Superfund, and gram. For these type of programs you should Many municipalities and counties have on- Clean Water legislation, there are very real contact your local, county, or state parks going recycling programs. Seek out those and very effective steps you can take in your authorities. who have these programs and tour the facil- districts to help further insulate yourself Once you decide to participate in any of ity or drop off area. If they don’t currently from the attacks of the green extremists. these programs, make sure to announce your have recycling programs, you might want to As we are ‘‘thinking globally’’ about how participation at the site. Stress community head up a task force with local officials to to improve our nation’s environmental laws involvement in your remarks and have plen- implement a municipal or county wide pro- here in Congress, the steps listed below will ty of supporters on cite at the press con- gram. help you to ‘‘act locally’’ and get involved in ference. your districts on the side of a cleaner envi- XI. Teddy Roosevelt conservation award ronment. IV. Environmental companies Through his conservation efforts President By taking some time to get involved in a Environmental high tech ‘‘clean up relat- Teddy Roosevelt is probably known as the variety of pro-environment projects in your ed’’ companies or companies that produce Republican’s most famous environmentalist. communities, you can go over the heads of products from recycled materials are among Using his name, consider establishing a year- the elitist environmental movement and the fastest growing industries in America. ly ‘‘Teddy Roosevelt Conservation Award’’ November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16491 for someone in your district whose achieve- seas for any purpose which it chooses. MILITARY ACTION IN BOSNIA ments exemplify President Roosevelt’s con- The Kassebaum amendment provides Mr. SPECTER. Mr. President, this is servation commitment. You can even recog- that there will be no U.S. dollars used nize several award winners by establishing a a subject which has been spoken about youth award, a senior award, or a local busi- to pay for abortion, and, in my view, on our floor and has been the subject of ness conservation award. that ought to take care of the objec- action by the House—that is, the sub- Be sure to contact your local media when tion of anybody who does not want to ject of not having military action in you establish the award and when you award have U.S. taxpayer dollars spent on Bosnia, which utilizes United States the winner. To facilitate the process of iden- abortions. troops without prior consent by the tifying potential winners. You can involve your local conservation task force and local But the factor of not limiting a pri- Congress of the United States. This is a schools in the decision process. vate organization to a standard which very, very important subject, Mr. XII. Environmental PSAs is different than the laws of the host President, for many reasons. Members of Congress are important lead- country seems to me to be fundamen- We have learned from the bitter ex- ers. As such it is both appropriate and en- tal. Were these moneys to be spent in perience of Vietnam that the United couraged that you speak out on local envi- another country, let the laws of those States cannot successfully wage a war ronmental issues through the use of public countries determine what is appro- which does not have public backing, service announcements (PSAs). priate. To try to impose a limitation and the first indicia of public backing Suggested environmental PSAs could in- under the so-called Mexico City policy, is approval by the Congress of the clude: United States. Proper battery disposal. the House language, which would pro- Encouraging recycling at home. hibit United States dollars to organiza- We have deviated from the constitu- Proper motor oil disposal when changing tions which are bilateral or multilat- tional requirement that only the Con- your car’s oil. eral, where those organizations use gress can declare war. In Korea, we had Encouraging respect for nature when a conflict, a war without a declaration camping or hunting. their own funds for whatever purposes, including abortion, seems to me to be a of war and, again, in Vietnam. When a Keeping lakes, rivers, and beaches clean by Republican President, President putting garbage in its place. matter which is really within the pur- These PSAs can air on both radio and cable view of those private organizations. George Bush, wanted to act under Pres- idential authority to move into the stations. To produce a PSA first contact What concerns me, Mr. President, is gulf with military action, I was one of your local radio and cable stations to inquire that this controversy is part of a if they will run your PSA. When producing many Senators who stood on this floor broader controversy which has en- PSAs, you can use studios at the radio and and objected to that, because it was a gulfed the U.S. Senate and the House cable station or you can use the House Re- matter that ought to have been initi- on the confirmation of Dr. Henry Fos- cording Studio. ated only with congressional action. ter, where he was not even given a vote XIII. Door to door-handing out tree saplings Finally, in January 1991, in a historic on confirmation in the Senate because If your current plans include door to door, debate on this floor, the Congress of consider passing out tree saplings with your he performed medical procedures— the United States authorized the use of door to door pamphlet. Some Members even abortions—permitted by the U.S. Con- force, and I supported that policy for design the pamphlet so that it is attached to stitution; a debate on an appropria- the tree sapling. the use of force. But the more impor- tions bill about whether women in pris- tant principle involved was that the This practice demonstrates your commit- on would be able to have abortions at ment to the environment by encouraging the President could not act unilaterally, planting of the trees and it provides you public expense, where they were nec- could not act on his own. with an opportunity to use appropriate lan- essary, in the judgment of the doctor, Similarly, I think that is a manda- guage tying your legislative agenda to the for medical purposes or where that tory consideration on the Bosnian situ- ‘‘roots’’ you are establishing or growing in woman might have been a victim of in- ation. I have disagreed—many of us your community. cest; even under the restrictive lan- have—with the President’s policy in XIV. River, lake, beach, or park clean ups guage of limiting the language of abor- Bosnia. On this floor, I have said on a Through your conservation task force or tion to incest, rape, or the life of the number of occasions, as have others, through already established organizations, mother. It is not just whether funds that the arms embargo against the consider participating in local river, lake, ought to be available if a woman in a beach, or park clean ups. Participating in Bosnian Moslems was bad public pol- these events will provide you with an oppor- Federal prison is unable to earn any icy, that the Bosnian Moslems ought to tunity to gain positive media exposure and money or to take care of her own medi- be able to defend themselves against further demonstrates your commitment to cal needs, and she is denied a medical Serbian atrocities. the environment. procedure—an abortion—if she is the After the Senate voted overwhelm- XV. Local zoo victim of incest, or the issue about ingly to lift that embargo, and the Become active in your local zoo. Go for a having medical procedures—abor- House voted overwhelmingly to lift visit, participate in fundraising events, be- tions—available for women in overseas that embargo, only then did the Presi- come active on its citizens advisory board, or medical installations. dent become involved in the Bosnian help create enthusiasm for special projects it situation and effectuated a policy of might be promoting. There is really a broad scale attack on a woman’s right to choose, a con- United States airstrikes. And I, among CONCLUSION many others, argued with the adminis- Remember, the environment must be a stitutional right that is recognized by the Constitution of the United States, tration and the military leaders that proactive issue. Congressional staff in both we should have undertaken airstrikes the Washington office and the district office as interpreted by the Supreme Court of to use U.S. military power in a way need to concentrate on seeking out environ- the United States—not going back to which did not put large numbers of our mental opportunities for their boss. Repub- Roe versus Wade in 1973, but a decision troops at risk. licans should not be afraid of the environ- handed down in Casey versus Planned We were told by the administration mental extremists—embrace our record and Parenthood by the Supreme Court in act to promote it. and by military leaders that air power 1992, an opinion written by three Jus- without ground support would be inef- Mr. SPECTER addressed the Chair. tices appointed by Republican Presi- The PRESIDING OFFICER. The Sen- fective. But, finally, when the adminis- dents, Reagan and Bush, an opinion ator from Pennsylvania. tration was faced with no alternative, written by Justices Souter, O’Connor, Mr. SPECTER. Mr. President, I sup- except to face a possible override on and Anthony Kennedy. port the amendment offered by the dis- their veto of the legislation lifting the tinguished Senator from Kansas, Sen- So I hope that we will not further arms embargo, then, and only then, ator KASSEBAUM, and supported by oth- limit the right of a private organiza- was air power employed, and very, very ers, Senator LEAHY and Senator BOXER tion to use their own funds for overseas effectively. I believe that the use of as well. purposes, even if they include abortion, U.S. air power is entirely appropriate, It seems to me a fundamental propo- simply because that U.S. organization but the use of ground forces is not. sition that a private organization may have U.S. funds for totally sepa- We have seen the policy in Somalia, ought to be able to use its funds over- rate and collateral purposes. where this administration went beyond S 16492 CONGRESSIONAL RECORD — SENATE November 1, 1995 humanitarian purposes to nation build- I do understand that funding for all If you want to talk about food sup- ing. It was up to the Congress of the programs across the board needs to be ply, want to talk about the environ- United States to withhold funding. reduced if we are to incur savings in ment, pollution, fish, timber, coal, re- That might be necessary again, in a this year’s budget bill. However, I do sources, there is your figure. Nobody very unsatisfactory way, to have the not want to see population programs pays much attention to that because constitutional mandate that only the unfairly targeted for larger reductions we allow this debate to slip over to Congress can declare war, enforced than other foreign assistance pro- abortion. It does not have anything to through the congressional power of the grams. do with abortion or coercive practices. appropriations process. It is most un- The United States needs to keep its That is why it is so important we satisfactory to have a Presidential funding at an adequate level, or we will show our support by funding this par- commitment and to have U.S. troops surely send exactly the wrong message ticular fund. It is supported entirely by involved and then to have it termi- to the rest of the developed nations voluntary contributions, not by the nated only by the withholding of funds. across the world. Last year, the United U.N. regular budget. So it is my hope, Mr. President, that States was seen as a world’s leader of population and development assistance You do not have to get into this one President Clinton will not act unilater- because you hate the United Nations ally, as he did in Haiti, against the at the International Conference on Population and Development in Cairo. either. This is not about whether you overwhelming sense of the Senate and like the United Nations or not. Many sense of the House that there not be an I was a congressional delegate at the conference, as was my friend, Senator of us have great problems with the invasion of Haiti. Fortunately, it was United Nations, and they have cer- done without bloodshed. But this is a John KERRY. There were not a lot of colleagues eager or seeking to go to tainly failed in many endeavors, but constitutional issue of the highest im- this is not a ‘‘U.N. caper.’’ port. If the President wishes to exer- that particular conference. I came cise the use of force in Bosnia, he away very impressed with the leader- There were 88 donors to the fund in ought to follow the constitutional doc- ship and direction displayed there by 1994, most of which were developing na- trine, the precedent of the gulf war, Vice President GORE, and the assist- tions. Japan and the United States and he ought to come to Congress for ance given him by the now Under Sec- were the leading contributors to the authorization. Then, and only then, retary of State, former Senator, Tim fund with the Nordic countries not lag- will there be an appropriate oppor- Wirth in guiding the conference and its ging far behind. tunity to debate the matter and for delegates in developing a ‘‘consensus UNFPA assistance goes to support Congress to exercise its will under the document,’’ on a broad range of short- 150 countries and territories across the Constitution. and long-term recommendations con- world. UNFPA total income in 1994 was On the state of the record, my view is cerning maternal and child health care, $265.3 million, and it provides about that there ought not to be an American strengthening family planning pro- one-fourth of the world’s population as- commitment of troops. But, certainly, grams, the promotion of educational sistance to all developing countries. that ought not to be done by the Presi- opportunities for girls and women, and I think it would be a real shame if dent unilaterally. The matter ought to improving status and rights of women the United States were to back away come before the Congress, and it ought across the world. from its commitment to the world’s We surely do not want to lose our to be a congressional decision one way largest source of multilateral assist- moral leadership role and relinquish or another, under the constitutional ance for population programs. any momentum by abandoning or se- provision that only the Congress has verely weakening our financial com- I want to reiterate again what has the authority to declare war. mitment to population and develop- been said already about U.S. participa- I yield the floor. ment assistance. The United States tion in this fund. The U.S. contribution f needs to continue its global efforts to would be subject to all the restrictions achieve responsible and sustainable which have been in place for many FOREIGN OPERATIONS, EXPORT years. These restrictions are in place FINANCING, AND RELATED PRO- population levels, and to back that up with leadership with specific commit- to address concerns specifically about GRAMS APPROPRIATIONS ACT— U.S. funds being spent in China. I hear CONFERENCE REPORT ments to population planning activi- ties. those concerns. The Senate continued with the con- In my mind, of all of the challenges Under current appropriations law, sideration of the conference report. facing this country—and there are foreign aid funding is denied to any or- Mr. SIMPSON addressed the Chair. surely plenty of them—and around the ganization or program that ‘‘supports The PRESIDING OFFICER. The Sen- world—none compares to that of the or participates in the management of a ator from Wyoming is recognized. increasing of the population growth of program of coerced abortion or invol- AMENDMENT NO. 3041 the world. All of our efforts to protect untary sterilization’’ in any country. Mr. SIMPSON. Mr. President, I ask the environment, all the things we That is pretty clear. I agree with that. that I be added as a cosponsor of the hear about what is going to happen, Furthermore, current appropriations Leahy-Kassebaum amendment. what will happen to this forest system, law ensures that none of the United The PRESIDING OFFICER. Without or this ecosystem, promoting economic States contribution to UNFPA may be objection, it is so ordered. development, jobs for those around the used in China—none. Listen carefully: Mr. SIMPSON. Mr. President, I want world, are compromised and severely The United States is not funding any of to show my support for this amend- injured by the staggering growth in the the population activities in China. ment, which, of course, includes U.S. world’s population. Furthermore, the U.N. Population funding for the U.N. Population Fund, I hope my colleagues realize, of Fund does not fund abortions or sup- UNFPA, as it is known. President Clin- course, that there are currently 5.7 bil- port coercive activities in any country ton had to resume funding for the pop- lion people on the Earth. In 1950, when including China. The UNFPA assist- ulation fund 2 years ago after a 7-year I was a freshman at the University of suspension during the Reagan and Bush Wyoming—not that long ago, surely— ance goes toward family planning serv- administrations. I did not ascribe to there were 2.5 billion people on the face ices and maternal and child health care that. I did not agree with the fine of the Earth. Mr. President, 2.5 billion across the developing world. Presidents of my own party on that people using the Earth’s surface for Finally, no U.S. funds may be com- issue—either the wonderful Ronald sustenance and procreation in 1950. mingled with other UNFPA funds and Reagan or my fine, loyal friend, George Today, 5.7 billion—double—more than numerous penalties exist in law for any Bush. double. violation of this requirement. Last year, the Congress appropriated Since 1950 to today, the figure has I also have deep and serious concerns $40 million for the fund, and $50 million doubled and it will double again if about China’s coerced abortion policy, was appropriated for 1995. This year, we birth and death rates continue. The but forcing the U.N. Population Fund are looking at funding levels of $35 mil- world’s population will double again in to withdraw from China will not affect lion. 40 years. These are huge figures. that policy one whit. In fact, without November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16493 the careful monitoring that the fund It sounds kind of reasonable, until term, or in cases of forcible rape or in- performs, conditions in China would you realize we do not have restrictions cest. get very much worse. That is an impor- on governments dealing with the prohi- I think that is good language. I think tant consideration. The world and the bition of abortion. So this language is that language mirrors the language United States cannot turn its back on meaningless. It has no restriction that we have agreed to on this floor what is currently going on in China. whatsoever. That means that we would dealing with Labor-HHS, the so-called Remove the funding and that great be funding international family plan- Hyde language. Why in the world would door will close ever further. No one will ning groups that use abortion as a we be supporting and giving money to be able to participate or to change method of family planning. A lot of us foreign organizations that do the oppo- those policies. really do not want to do that. It is site? I think that is a serious, serious Finally, this amendment would troublesome to think that inter- mistake. strike the House Mexico City language national groups, some of which support Also, I might mention this House that denies United States population abortion as a method of family plan- language says that we do not want any assistance to groups that are involved ning, would be receiving tax dollars to money to be used to violate the laws of in dialog with foreign governments be used in that fashion. Maybe this any foreign country concerning cir- about abortion policy or even distrib- amendment is a nice attempt to cover cumstances under which abortion is ute literature on preventing unsafe that up, as a substitute for the House permitted, regulated or prohibited. We abortions. This House amendment language. I just hope that our col- do not want U.S. taxpayers’ dollars would ultimately deny family planning leagues will not agree to it, for a lot of used to go into other countries to activities overseas. Since the House different reasons. lobby, to encourage, to change laws One, I do not think we want to fund language applies to nongovernment or- that they may have dealing with abor- international groups that promote or ganizations [NGO’s] it would cut off tion. Why in the world should we have support or fund abortions. I do not funds to the most effective and dedi- the idea that we know best, and so we think U.S. taxpayers’ dollars should be cated providers of services, groups that want to manipulate and make those used for that purpose. We have restric- best understand the needs of the people laws basically more pro-abortion. in the country they serve. tions in this country. We have restric- I urge my colleagues to vote for the tions in this country that prohibit the I want to touch for a second on the Leahy-Kassebaum amendment so that use of taxpayers’ dollars to be used to issue of the People’s Republic of China. the United States might continue its fund abortions, except in necessary There had been restrictions under the leadership role in addressing the global cases—to save the life of the mother, or Reagan and Bush eras that we did not population issues which are wholly sig- in cases of rape or incest. That is really give money to the UNFPA organization nificant in the range of other issues what the House language is trying to if they were giving money to the Peo- that we confront from day-to-day, be- do. ple’s Republic of China, because they cause all of it comes back to the simple The House language reinstates the had a coercive abortion policy. The fact, how many footprints will fit on so-called Mexico City policy, and it House language, likewise, says we the face of the Earth? goes back to 1984 through January 1993, would not give money to the U.N. fam- Mr. President, I suggest the absence which includes the Reagan and Bush ily planning organization if they were of a quorum. era. It says we do not want to fund still supporting the coercive policies or The PRESIDING OFFICER (Mr. international groups that support or contributing to the policies in the Peo- THOMPSON). The clerk will call the roll. fund abortion. That was the policy of ple’s Republic of China. The legislative clerk proceeded to this country for that period of time. Mr. President, I remember when Mrs. call the roll. The Clinton administration, through Clinton addressed a large conference in Mr. MCCONNELL. Mr. President, I an Executive order in January 1993, re- Beijing earlier this year and she con- ask unanimous consent that the order versed that policy. So now we have a demned forced abortion. Unfortu- for the quorum call be rescinded. policy, and Tim Wirth who served in nately, that happens to be the policy in The PRESIDING OFFICER (Mr. this body has been actively promoting the People’s Republic of China today— ABRAHAM). Without objection, it is so it, where we actually have been in- a one-child policy, enforced by, in some ordered. volved in encouraging countries to cases, coercive abortion. That is unbe- Mr. McCONNELL. Mr. President, for change their laws on abortion. I think lievable. It is also undeniable. Yet the information of all Senators, Sen- 95 countries have significant restric- UNFPA has actually made supportive ator NICKLES is going to speak for a few tions in their laws against abortion. comments about some of the things moments and then we are prepared to I think using U.S. taxpayers’ funds to that are going on in the PRC today vote. It is my understanding that if the be telling other countries to change concerning their family planning ef- Leahy amendment is agreed to, that their laws is very offensive. Certainly forts. will be the last vote of the evening. to be contributing to organizations It is reprehensible to think that we I yield the floor. that use part of their money or some of might be contributing to an organiza- Mr. NICKLES. Mr. President, I sug- their moneys for abortions is also of- tion that might be assisting in coercive gest the absence of a quorum. fensive. abortion. That should not happen. The PRESIDING OFFICER. The Again, our stated policy in this coun- Mr. President, I look at the language clerk will call the roll. try is we do not want to support abor- Mr. NICKLES. Mr. President, I ask tion. We do not want taxpayers’ mon- that we have before the Senate in the unanimous consent that the order for eys used to subsidize abortion unless it so-called Leahy language. I do not find the quorum call be rescinded. is necessary to save the life of mother it acceptable. I find no restriction The PRESIDING OFFICER. Without or in cases of rape or incest. To be giv- whatever on U.S. funds to inter- objection, it is so ordered. ing money to international organiza- national organizations, no restriction Mr. NICKLES. Mr. President, I rise tions that either support or use abor- whatever. If it passes and if it became law, we will be giving money to inter- in opposition to Senator LEAHY’s tions as a method of family planning or amendment. I will read it for my col- to try to change Government laws for national groups that use abortion as a leagues’ information: abortion, in my opinion, is wrong. method of family planning. Provided, That in determining eligibility I looked at the House language and it That is offensive to me as a taxpayer. for assistance from funds appropriated to basically says that money will not be It is offensive to me to think that the carry out section 104 of the Foreign Assist- used for organizations, nongovern- result of that is that U.S. tax dollars ance Act of 1961, nongovernmental and mul- mental or multilateral organizations, will be used in some way or another to tilateral organizations shall not be subjected until the organization certifies it will subsidize the destruction of innocent, to requirements more restrictive than re- not, during the period for which the unborn human beings. quirements applicable to foreign govern- ments for such assistance: Provided further, funds are made available, perform I look at the House language. The That none of the funds made available under abortions in any foreign country ex- House language is basically reinstating this Act may be used to lobby for or against cept if the life of the mother were in the policy that we had from 1984 to abortion. danger if the fetus were carried to January 1993. That policy saved S 16494 CONGRESSIONAL RECORD — SENATE November 1, 1995 lives. Did it restrict use of family plan- I ask unanimous consent that a clining since 1992. During this time we ning? No. Did family planning con- statement of administration policy have witnessed a proportionate in- tinue? Yes. Did family planning con- from OMB be printed in the RECORD. crease in the use of drugs in America. tinue with funding from the United There being no objection, the mate- For example: States? Yes. rial was ordered to be printed in the After a steep drop in monthly co- Over 350 organizations signed up and RECORD, as follows: caine use between 1988 and 1991 from 2.9 said, ‘‘We will take your money and OFFICE OF THE PRESIDENT, to 1.3 million users, and a similar drop use it for family planning, but we will OFFICE OF MANAGEMENT AND BUDGET, in overall drug use between 1991 and not use abortion as a method of family Washington, DC, October 31, 1995. 1992, from 14.5 to 11.4 million users, planning.’’ That means organizations Re H.R. 1868—Foreign operations, export fi- numbers released earlier this year re- nancing and related programs appropria- all across the world. It worked. Some vealed that youth drug use increased in people said they would not sign up, but tions bill, FY 1996 (Sponsors: Livingston, Louisiana; Callahan, Alabama). 1994, for all surveyed grades for crack, they did. cocaine, heroin, LSD, non-LSD So we had family planning efforts, STATEMENT OF ADMINISTRATION POLICY [This statement has been coordinated by hallucinogens, inhalants, and mari- but we had family planning efforts sep- juana. arate from abortion. That is what we OMB with the concerned agencies] According to the Department of are trying to do with this House lan- This Statement of Administration Policy provides the Administration’s views on the Health and Human Services, illegal guage. item reported in disagreement by the con- drug use among the Nation’s high I urge our colleagues to reject the ference on H.R. 1868, the Foreign Operations, school seniors has risen 44.6 percent in Leahy amendment and support the Export Financing, and Related Programs Ap- the last 2 years. House language. propriations Bill, FY 1996. Your consider- I might mention, also, I think that ation of the Administration’s views would be The resurgence of heroin in the Unit- the House language, which passed over- appreciated. ed States borders on epidemic propor- whelmingly, passed by a vote of 232–187. The conferees have reported in disagree- tions. DEA Administrator Thomas My guess is that if we do not have lan- ment provisions related to population assist- Constantine recently noted that heroin guage similar to that, we will not have ance to non-governmental organizations. is now available in more cities at lower This is an issue of the highest importance to prices and higher purities than ever be- a bill. We will be looking at the foreign the Administration. operations bill in a continuing resolu- The Administration opposes coercion in fore in our history. In addition, Admin- tion, in all likelihood, throughout the family planning practices, and no U.S. as- istrator Constantine says: ‘‘For the year. sistance is used to pay for abortion as a first time in our history, America’s Mr. President, I urge my colleagues method of family planning. The House provi- crime problem is being controlled by to vote ‘‘no’’ on the Leahy amendment. sion, however, would prohibit any assistance worldwide drug syndicates who operate I yield the floor. from being provided to entities that fund their networks from places like Cali, Mr. LEAHY. Mr. President, very abortions or lobby for abortions with private Colombia * * *.’’ funds, thus ending U.S. support for many briefly, with all due respect to my qualified and experienced non-governmental Mr. MCCONNELL. I am in complete friend from Oklahoma, his description organizations providing vital voluntary fam- agreement with my colleague from of the Leahy-Kassebaum amendment is ily planning information and services. The Georgia, that we are at a crucial point not accurate. provision would also end U.S. support for the in our war on drugs. Without the im- Mr. President, we debated the basic United Nations Population Fund (UNFPA). mediate commitment of resources to aspects of the Leahy-Kassebaum This would sharply limit the availability of stop the flow of illegal narcotics across amendment less than a month ago. Mr. effective voluntary family planning pro- our borders, the United States will be President, 57 Senators voted against grams abroad that are designed to reduce the facing the largest expansion of illicit what is in the House position, voted incidence of unwanted pregnancy and there- by decrease the need for abortion. The Ad- drug supplies and the greatest increase against the position we seek to replace. ministration also has serious concerns about in drug use in modern American his- Nothing has changed since then. the constitutionality of the House provision. tory. The Leahy-Kassebaum amendment If the House language were included in the Mr. COVERDELL. The chairman has simply says that private family plan- bill presented to the President, the Sec- clearly summarized the problem that ning organizations like the foreign or- retary of State would recommend to the the Senate attempted to address by in- President that he veto the bill. ganizations supported by the Inter- creasing funding for international drug national Planned Parenthood Federa- Mr. LEAHY. I read the last sentence: control in the foreign operations appro- tion should not be restricted to require ‘‘If the House language were included priations bill. I know the chairman more subjective requirements, more re- in the bill presented to the President, shares my concern that the conference strictive than those applicable to Gov- the Secretary of State would rec- report before us today severely under- ernment. ommend to the President he veto the mines the Senate’s commitment to In other words, it permits us to sup- bill.’’ drug interdiction by decreasing the di- port private organizations, provided I think, Mr. President, we have heard rect funding from $150 to $115 million U.S. Government funds are not used, debate for and against the Leahy- and replacing the $20 million manda- are not used for abortion activities as Kassebaum amendment. I know Sen- tory transfer of funds with language we made funds available for family ators are concerned about their sched- merely allowing the transfer of funds planning to governments in countries ule, and I am happy to go forward with from ‘‘Development Assistance’’ and/or where abortion is legal, as it is in this a vote. the ‘‘Economic Support Fund’’ to country, just as we give foreign aid to Mr. COVERDELL. I would like to ‘‘International Narcotics Control.’’ countries where abortion is legal, as it thank the chairman for his leadership is in this country. in crafting this foreign operation con- Mr. MCCONNELL. The Senator from This bill contains the same explicit ference report. In light of the budg- Georgia is correct. It is my understand- prohibition of funding for abortion that etary restriction placed upon all of ing, however, that the conference com- has been the law for years. Not one these projects, I think the chairman mittee fully intended that the identi- dime in this bill could be spent on has done a skillful job of handling fied $20 million be transferred to Inter- abortion or anything related to abor- many divergent interests. national Narcotics Control. tion. The bill already contains a prohi- Mr. MCCONNELL. I thank the Sen- Mr. COVERDELL. I appreciate the bition against using any United States ator. chairman’s clarification and would ask funds in China. Mr. COVERDELL. I would also like if the chairman would be willing to as- The House amendment would, never- to thank the Senator for his assistance sist the Senator from Georgia in secur- theless, prohibit a U.S. contribution to in attempting to remedy funding dif- ing these resources. the U.N. population fund. I think that ficulties we have experienced for Inter- Mr. MCCONNELL. I would say to my would be foolhardy. The question is national Narcotics Control. As the colleague, that I strongly support the whether we should accept the House chairman knows, I am extremely con- transfer of the funds, identified in the position so that the bill might go for- cerned that funding for U.S. drug inter- conference report, to International ward. diction efforts has been drastically de- Narcotics Control for drug interdiction November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16495 activities and will work side-by-side The PRESIDING OFFICER. The Sen- oils, and greases of animal, marine, or vege- with the Senator from Georgia to en- ator will suspend. The Senate will table origin, and other oils and greases, in is- sure these resources are committed to come to order, please. suing certain regulations, and for other pur- our war on drugs. Mr. LEAHY. So colleagues would poses; to the Committee on Environment and Public Works. Mr. COVERDELL. I thank the chair- know, we have passed the conference man for his efforts to stop the flow of and sent one amendment back in dis- f illegal narcotics into the United agreement. MEASURES PLACED ON THE States. Mr. DOLE. Let me thank the man- CALENDAR Mr. LEAHY. Mr. President, I ask for agers of the bill. the yeas and nays on the motion to f The following measure was read the second time and placed on the cal- concur in the House amendment with MORNING BUSINESS the Leahy-Kassebaum amendment. endar: Mr. DOLE. Mr. President, I now ask The PRESIDING OFFICER. Is there a S. 1372. A bill to amend the Social Security sufficient second? unanimous consent that there be a pe- Act to increase the earnings limit, and for There is a sufficient second. riod for the transaction of morning other purposes. The yeas and nays were ordered. business until 6:30 p.m. with Senators permitted to speak therein for not The following bill was ordered placed The PRESIDING OFFICER. The more than 5 minutes each. on the calendar: question is on agreeing to the motion. The PRESIDING OFFICER. Is there H.R. 2492. An act making appropriations The yeas and nays have been ordered. objection? The Chair hears none, and it for the legislative branch for the fiscal year The clerk will call the roll. is so ordered. ending September 30, 1996, and for other pur- The legislative clerk called the roll. poses. f Mr. LOTT. I announce that the Sen- f ator from Oregon [Mr. HATFIELD] is MESSAGES FROM THE HOUSE necessarily absent. At 12 p.m., a message from the House INTRODUCTION OF BILLS AND I further announce that, if present of Representatives, delivered by Mr. JOINT RESOLUTIONS and voting, the Senator from Oregon Hays, one of its reading clerks, an- The following bills and joint resolu- [Mr. HATFIELD] would vote ‘‘yea.’’ nounced that the House has passed the tions were introduced, read the first Mr. FORD. I announce that the Sen- following bill, in which it requests the and second time by unanimous con- ator from New Jersey [Mr. BRADLEY] is concurrence of the Senate: sent, and referred as indicated: absent because of illness in the family. H.R. 2492. An act making appropriations The PRESIDING OFFICER. Are there By Mr. DOLE (for himself, Mr. LUGAR, for the legislative branch for the fiscal year Mr. CRAIG, and Mr. GRASSLEY): any other Senators in the Chamber de- ending September 30, 1996, and for other pur- S. 1373. A bill to amend the Food Security siring to vote? poses. Act of 1985 to minimize the regulatory bur- The result was announced—yeas 53, The message also announced that the den on agricultural producers in the con- nays 44, as follows: Speaker appoints the following Mem- servation of highly erodible land, wetland, [Rollcall Vote No. 561 Leg.] ber as an additional conferee in the and retired cropland, and for other purposes; to the Committee on Agriculture, Nutrition, YEAS—53 conference on the disagreeing votes of the two Houses on the amendment of and Forestry. Akaka Feinstein Moynihan By Mr. CRAIG (for himself and Mr. Baucus Glenn Murray the Senate to the bill (H.R. 2491) to KEMPTHORNE): Biden Graham Nunn provide for reconciliation pursuant to S. 1374. A bill to require adoption of a man- Bingaman Harkin Pell section 105 of the concurrent resolution Boxer Hollings agement plan for the Hells Canyon National Pryor on the budget for fiscal year 1996: Brown Inouye Reid Recreation Area that allows appropriate use Bryan Jeffords Robb From the Committee on Agriculture, of motorized and nonmotorized river craft in Bumpers Kassebaum Rockefeller for consideration of title I of the House the recreation area, and for other purposes; Byrd Kennedy Roth bill, and subtitles A–C of title of the to the Committee on Energy and Natural Re- Campbell Kerrey Sarbanes Chafee Kerry Senate amendment, and modifications sources. Simon Cohen Kohl committed to conference: Mr. BROWN of By Mr. BURNS (for himself, Mr. CRAIG, Simpson Conrad Lautenberg California. Mr. GORTON, Mr. GRASSLEY, Mr. Daschle Leahy Snowe MCCONNELL, Mr. DASCHLE, Mr. HAR- Specter The message further announced that Dodd Levin KIN, Mr. KERREY, and Mr. Stevens the House agrees to the report of the Dorgan Lieberman KEMPTHORNE): Exon Mikulski Thomas committee of conference on the dis- Feingold Moseley-Braun Wellstone S. 1375. A bill to preserve and strengthen agreeing votes of the two Houses on the foreign market development cooperator NAYS—44 the amendments of the Senate to the program of the Department of Agriculture, Abraham Ford Lott bill (H.R. 1868) making appropriations and for other purposes; to the Committee on Ashcroft Frist Lugar for foreign operations, export financ- Agriculture, Nutrition, and Forestry. Bennett Gorton Mack ing, and related programs for fiscal By Mr. MCCAIN (for himself, Mr. Bond Gramm McCain THOMPSON, Mr. KERRY, Mr. FEINGOLD, Breaux Grams year ending September 30, 1996, and for McConnell Mr. KENNEDY, and Mr. COATS): Burns Grassley Murkowski other purposes; that the House recedes Coats Gregg from its disagreement to an amend- S. 1376. A bill to terminate unnecessary Nickles and inequitable Federal corporate subsidies; Cochran Hatch Pressler ment of the Senate and concurs therein Coverdell Heflin to the Committee on Governmental Affairs. Santorum Craig Helms with an amendment in which it re- Shelby By Mr. LUGAR: D’Amato Hutchison quests the concurrence of the Senate. Smith S. 1377. A bill to provide authority for the DeWine Inhofe f Dole Johnston Thompson assessment of cane sugar produced in the Ev- Domenici Kempthorne Thurmond erglades Agricultural Area of Florida, and Faircloth Kyl Warner MEASURES REFERRED for other purposes; to the Committee on Ag- The following bill, previously re- riculture, Nutrition, and Forestry. NOT VOTING—2 ceived from the House for the concur- f Bradley Hatfield rence of the Senate, was read the first So the motion was agreed to. and second times by unanimous con- SUBMISSION OF CONCURRENT AND Mr. LEAHY. Mr. President, I move to sent and referred as indicated: SENATE RESOLUTIONS reconsider the vote. H.R. 1114. An act to authorize minors who The following concurrent resolutions Mrs. MURRAY. I move to lay that are under the child labor provisions of the and Senate resolutions were read, and motion on the table. Fair Labor Standards Act of 1938 and who are referred (or acted upon), as indicated: The motion to lay on the table was under 18 years of age to load materials into agreed to. balers and compacters that meet appropriate By Mr. MCCAIN (for himself, Mr. BAU- CUS, Mr. BENNETT, Mr. BINGAMAN, Mr. Mr. LEAHY. Mr. President, I see the American National Standards Institute de- sign safety standards; to the Committee on BRADLEY, Mr. BREAUX, Mr. BROWN, distinguished leader in the Chamber. Labor and Human Resources. Mr. BRYAN, Mr. BURNS, Mr. CAMP- And I just mention first that we have, H.R. 436. An act to require the head of any BELL, Mr. CHAFEE, Mr. COCHRAN, Mr. so my colleagues will know—— Federal agency to differentiate between fats, S 16496 CONGRESSIONAL RECORD — SENATE November 1, 1995 COHEN, Mr. CONRAD, Mr. CRAIG, Mr. ance program, including an exemption tions and standards contained in the Natural D’AMATO, Mr. DASCHLE, Mr. DODD, for frequently cropped farmland. In the Resources Conservation Service field office Mr. DOMENICI, Mr. DORGAN, Mr. EXON, conservation compliance program, technical guide.’’; Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. farmers would gain significant new (4) by inserting after paragraph (7) (as so FEINSTEIN, Mr. GORTON, Mr. GRAHAM, redesignated) the following: Mr. HATCH, Mr. INHOFE, Mr. INOUYE, flexibility to adopt soil-saving tech- ‘‘(8) FREQUENTLY CROPPED AGRICULTURAL Mr. JEFFORDS, Mrs. KASSEBAUM, Mr. niques. Our goal is to make both pro- LAND.—The term ‘frequently cropped agricul- KEMPTHORNE, Mr. KENNEDY, Mr. grams effective in preserving valuable tural land’ means agricultural land that— KERRY, Mr. LAUTENBERG, Mr. LEVIN, resources and workable in the field. ‘‘(A) exhibits wetland characteristics, as Mr. LIEBERMAN, Ms. MIKULSKI, Ms. Finally, our legislation includes un- determined by the Secretary; and MOSELEY-BRAUN, Mrs. MURRAY, Mr. precedented provisions to improve ‘‘(B) has been used for 6 of the 10 years NICKLES, Mr. PELL, Mr. PRESSLER, wildlife habitat on agricultural lands. prior to January 1, 1996, for agricultural pro- Mr. REID, Mr. SARBANES, Mr. SIMON, Frequently cropped wetlands would be duction on the field, as determined by the Mr. SIMPSON, Mr. SPECTER, Mr. STE- Secretary, or production of an annual or pe- VENS, Mr. THOMAS, Mr. THURMOND, eligible for the CRP. Habitat potential rennial agricultural crop (including forage and Mr. WELLSTONE): will be considered in evaluating offers production or hay), an aquaculture product, S. Res. 191. A resolution designating the to enroll land in the CRP and the Wet- a nursery product, or a wetland crop.’’; and month of November 1995 as ‘‘National Amer- lands Reserve Program. Expiring water (5) in paragraph (10) (as so redesignated), ican Indian Heritage Month,’’ and for other bank acres would be eligible for the by adding at the end the following: purposes; considered and agreed to. WRP. And the Secretary is encouraged ‘‘(C) PRODUCER-INITIATED REVIEW OF HIGHLY f to maximize wildlife habitat benefits ERODIBLE LAND DESIGNATION.—A designation from all our conservation programs. of highly erodible land on agricultural land STATEMENT ON INTRODUCED made under this title shall be valid until an BILLS AND JOINT RESOLUTIONS My cosponsors and I represent a owner or operator requests a new designa- broad range of agricultural interests By Mr. DOLE (for himself, Mr. tion. The Secretary shall provide the des- and have diverse regional backgrounds. ignation on the request of the owner or oper- LUGAR, Mr. CRAIG, and Mr. As such, I am optimistic the provisions ator. GRASSLEY): we have included in our bill will be em- ‘‘(D) SCIENCE AND TECHNOLOGY.—A designa- S. 1373. A bill to amend the Food Se- braced by a majority in the the Agri- tion of highly erodible land under this title curity Act of 1985 to minimize the reg- culture Committee and in the Senate may be based on the most contemporary ulatory burden on agricultural produc- as a whole. I look forward to working science, method, or technology, as deter- ers in the conservation of highly erod- mined by the Secretary, for determining soil with all my colleagues in developing a ible land, wetland, and retired crop- erodibility that accurately reflects the po- new farm bill with provisions as mean- land, and for other purposes; to the tential for soil loss.’’. ingful for the environment as those in Committee on Agriculture, Nutrition, (b) CONFORMING AMENDMENTS.— the landmark farm bill we passed a and Forestry. (1) Section 363 of the Consolidated Farm decade ago. and Rural Development Act (7 U.S.C. 2006e) THE AGRICULTURAL RESOURCES ENHANCEMENT Mr. President, I ask unanimous con- is amended by striking ‘‘section 1201(a)(16) of ACT OF 1995 the Food Security Act of 1985 (16 U.S.C. Mr. LUGAR. Mr. President, I am very sent that the text of the bill be printed in the RECORD. 3801(a)(16))’’ and inserting ‘‘section 1201(a) of pleased to join Senators DOLE, GRASS- There being no objection, the bill was the Food Security Act of 1985 (16 U.S.C. LEY, and CRAIG today in introducing 3801(a))’’. ordered to be printed in the RECORD, as the Agricultural Resources Enhance- follows: (2) Section 1257(c) of the Internal Revenue ment Act of 1995, which is our blue- Code of 1986 is amended— print for the conservation title of the S. 1373 (A) in paragraph (1), by striking ‘‘section new farm bill. This legislation builds Be it enacted by the Senate and House of Rep- 1201(4) of the Food Security Act of 1985 (16 on agriculture’s environmental suc- resentatives of the United States of America in U.S.C. 3801(4))’’ and inserting ‘‘section 1201(a) Congress assembled, of the Food Security Act of 1985 (16 U.S.C. cesses over the past decade while also 3801(a))’’; and adding new flexibility for our farmers SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Agricultural (B) in paragraph (2), by striking ‘‘section and ranchers as they enter the 21st Resources Enhancement Act of 1995’’. 1201(6) of the Food Security Act of 1985 (16 century. SEC. 2. PURPOSES. U.S.C. 3801(6))’’ and inserting ‘‘section 1201(a) In May I advanced several concepts The purposes of this Act are to— of the Food Security Act of 1985 (16 U.S.C. to improve the Conservation Reserve (1) restore respect for private property 3801(a))’’. Program, our conservation land retire- rights and the productive capacity of the ag- SEC. 4. HIGHLY ERODIBLE LAND CONSERVATION. ment initiative. I also introduced the ricultural sector; (a) PROGRAM INELIGIBILITY.—Section 1211 of new Environmental Quality Incentives (2) reduce unnecessary regulatory burdens the Food Security Act of 1985 (16 U.S.C. 3811) Program, which I am proud to note was on farmers while maintaining basic environ- is amended to read as follows: mental objectives; and included in the budget reconciliation ‘‘SEC. 1211. PROGRAM INELIGIBILITY. bill approved by the Senate last week. (3) recognize that conservation and envi- ronmental objectives are best met with vol- ‘‘(a) IN GENERAL.—Except as provided in Meanwhile, Senators DOLE, GRASSLEY, untary efforts. section 1212 and notwithstanding any other and CRAIG developed several concepts SEC. 3. DEFINITIONS. provision of law, any person who participates for the CRP and for the conservation (a) IN GENERAL.—Section 1201(a) of the in an annual program under the Agricultural compliance and swampbuster pro- Food Security Act of 1985 (16 U.S.C. 3801(a)) Act of 1949 (7 U.S.C. 1421 et seq.) after Janu- grams. The bill we are introducing is amended— ary 1, 1996, and who in any crop year after today combines the best of our rec- (1) by redesignating paragraphs (2), (3), (4), that date produces an agricultural commod- ommendations into a single strategy (5), and (6) through (16) as paragraphs (3), (5), ity on a field on which highly erodible land that will protect both the environment (6), (7), and (9) through (19), respectively; is predominate, as determined by the Sec- retary, shall be— and the property rights of our Nation’s (2) by inserting after paragraph (1) the fol- lowing: ‘‘(1) in violation of this section; and agricultural producers. ‘‘(2) ineligible for loans or payments in an Our proposal improves the CRP by ‘‘(2) ALTERNATIVE CONSERVATION SYSTEM.— The term ‘alternative conservation system’ amount determined by the Secretary to be adding a new water quality emphasis means a conservation system that achieves a proportionate to the severity of the viola- and by targeting the program to the substantial reduction in soil erosion from tion, taking into account the intent of the highly erodible land most in need of the level of erosion that existed prior to the person and the frequency of the violations. protection. There is land now in the application of the conservation measures and ‘‘(b) LOANS AND PAYMENTS.—If a person has CRP that can be brought back into pro- practices provided for under the system.’’; been determined to have committed a viola- duction without harming the environ- (3) by inserting after paragraph (3) (as so tion during a crop year under subsection (a), ment. At the same time, there is also redesignated) the following: the Secretary shall determine which, and the valuable acreage not now in the reserve ‘‘(4) CONSERVATION SYSTEM.—The term amount, of the following loans and payments ‘conservation system’ means the conserva- for which the person shall be ineligible: that deserves long-term protection. tion measures and practices that are ap- ‘‘(1) Any type of price support or payment This legislation accomplishes both proved for application by a producer to a made available under the Agricultural Act of goals. highly erodible field and that provide for 1949 (7 U.S.C. 1421 et seq.), the Commodity This bill also makes much needed cost effective and practical erosion reduction Credit Corporation Charter Act (15 U.S.C. 714 changes to the swampbuster compli- on the field based on local resource condi- et seq.), or any other Act. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16497

‘‘(2) A farm storage facility loan made sidered to be actively applying a conserva- ‘‘(d) REVISIONS.— under section 4(h) of the Commodity Credit tion plan.’’; ‘‘(1) CONSERVATION PLANS.— Corporation Charter Act (15 U.S.C. 714b(h)). (D) by striking paragraph (3); ‘‘(A) REVISIONS BY PERSON OBTAINING CER- ‘‘(3) A loan made, insured, or guaranteed (E) by redesignating paragraph (4) as para- TIFICATION.—A person that obtains a con- under the Consolidated Farm and Rural De- graph (3); and servation plan under section 1212(a)(2) may velopment Act (7 U.S.C. 1921 et seq.) or any (F) by adding at the end the following: revise the plan by substituting practices de- other provision of law administered by the ‘‘(4) FAILURE TO APPLY CONSERVATION scribed in the local Natural Resources Con- Consolidated Farm Service Agency, if the PLAN.—If a person fails to actively apply a servation Service technical guide, if the re- Secretary determines that the proceeds of conservation plan that documents the deci- vised plan achieves an equivalent amount of the loan will be used for a purpose that will sions of the person with respect to location, soil erosion reduction as the original plan, as contribute to excessive erosion of highly land use, tillage systems, and conservation determined by the Secretary. erodible land. treatment measures and schedules of the ‘‘(B) NO REVISION BY THE SECRETARY.—The ‘‘(4) A payment under section 4 or 5 of the conservation plan by the date that is 1 year conservation plan of a person who obtains a Commodity Credit Corporation Charter Act after the good faith violation, the Secretary certification under subsection (c) shall not (15 U.S.C. 714b and 714c) during the crop year shall make a determination concerning the be subject to revision by the Secretary, un- for the storage of an agricultural commodity ineligibility of the person under section less— acquired by the Commodity Credit Corpora- 1211.’’. ‘‘(i) the person concurs with the revision; (c) DEVELOPMENT AND IMPLEMENTATION OF tion. or CONSERVATION PLANS AND SYSTEMS.—Sub- ‘‘(5) During the crop year: ‘‘(ii) the person has been determined by the title B of title XII of the Act (16 U.S.C. 3811 ‘‘(A) A payment under section 8, 12, or 16(b) Secretary, within the most recent 1-year pe- of the Soil Conservation and Domestic Allot- et seq.) is amended by adding at the end the following: riod, to be ineligible under section 1211 for ment Act (16 U.S.C. 590h, 590l, and 590p(b)). program loans and payments. ‘‘SEC. 1214. DEVELOPMENT AND IMPLEMENTA- ‘‘(B) A payment under section 401 or 402 of ‘‘(C) APPROVAL OF ALTERNATIVE CONSERVA- the Agricultural Credit Act of 1978 (16 U.S.C. TION OF CONSERVATION PLANS AND SYSTEMS. TION SYSTEM.—The Secretary shall approve 2201 and 2202). ‘‘(a) TECHNICAL REQUIREMENTS.—The Sec- or disapprove an alternative conservation ‘‘(C) A payment under subchapter B or C of retary shall ensure that the standards and system proposed by a producer not later chapter 1 of subtitle D. guidelines contained in a local Natural Re- than 30 days after the date the system is pro- ‘‘(D) A payment under chapter 2 of subtitle sources Conservation Service field office posed. D. technical guide applicable to a conservation ‘‘(D) LOCAL FIELD OFFICE TECHNICAL ‘‘(E) A payment under chapter 3 of subtitle plan required under this subtitle— GUIDE.—If the alternative conservation sys- D. ‘‘(1) allow a person to use an alternative tem is approved by the Secretary and is ap- ‘‘(F) A payment, loan, or other assistance conservation system as a means of meeting propriate to an area, the Secretary shall add under section 3 or 8 of the Watershed Protec- the requirements, and achieving the goals, of the approved alternative conservation sys- tion and Flood Prevention Act (16 U.S.C. 1003 this subtitle with respect to a highly erod- tem to the local Natural Resources Con- and 1006a).’’. ible field that has been used in the produc- servation Service field office technical guide (b) EXEMPTIONS.—Section 1212 of the Act tion of an agricultural commodity after De- for the area. (16 U.S.C. 3812) is amended— cember 23, 1985; and (1) in subsection (a)(3), by striking ‘‘shall, ‘‘(2) CONSERVATION SYSTEMS.—The Sec- ‘‘(2) provide for conservation measures and retary may revise under paragraph (1) the if’’ and inserting ‘‘shall— practices that— ‘‘(A) be required to apply a conservation conservation system of a person who obtains ‘‘(A) are technically and economically fea- a certification, subject to subsection (a), if plan that is— sible; ‘‘(i)(I) based on and conforms to practices, there is substantial evidence as determined ‘‘(B) are based on local resource conditions by the Secretary that a revision is necessary technologies, and schedules contained in a and available conservation technology; local Natural Resources Conservation Serv- to carry out this subtitle. ‘‘(C) are cost-effective; and ‘‘(3) UPDATING LOCAL FIELD OFFICE TECH- ice field office technical guide; or ‘‘(D) do not cause undue economic hardship ‘‘(II) based on an alternative conservation NICAL GUIDES.—The Secretary shall regularly to the person applying the plan or system. revise local Natural Resources Conservation system that is not described in the technical ‘‘(b) EROSION MEASUREMENT.—For the pur- Service field office technical guides to in- guide but is determined by the Secretary to pose of determining compliance with this clude new conservation systems that the be an acceptable alternative; subtitle, the measurement of erosion reduc- ‘‘(ii) consistent with section 1214; and tion achieved through a conservation plan Secretary determines will reduce soil erosion ‘‘(iii) not based on a higher erodibility shall be based on the level of erosion at the in a cost-effective manner. standard than other highly erodible land lo- time of the measurement compared to the ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- cated within the same area, as determined level of erosion that was present prior to the retary shall provide technical assistance to a by the Secretary; and implementation of the conservation meas- person throughout the development, revi- ‘‘(B) if’’; ures and practices provided for in the con- sion, and application of a conservation plan (2) by redesignating subsections (f) through servation plan. or conservation system. (h) as subsections (g) through (i), respec- ‘‘(c) CROP RESIDUE MEASUREMENTS.— ‘‘(f) VIOLATIONS.— tively; ‘‘(1) CERTIFICATION OF COMPLIANCE.— ‘‘(1) NOTIFICATION.—An employee of the (3) by inserting after subsection (e) the fol- ‘‘(A) IN GENERAL.—For the purpose of de- lowing: termining the compliance of a person with Natural Resources Conservation Service who ‘‘(f) EFFECT ON LANDLORDS.—Ineligibility the conservation plan on a farm, a third observes a possible compliance deficiency or of a tenant or sharecropper for benefits party approved by the Secretary may certify other violation of this subtitle while provid- under section 1211 shall not cause a landlord that the person is in compliance if the per- ing on-site technical assistance to a person to be ineligible for the benefits for which the son is actively applying an approved con- shall— landlord would otherwise be eligible with re- servation system or alternative conservation ‘‘(A) not later than 45 days after making spect to a commodity produced on land other system at the time application for the loans the observation, notify the person of any ac- than the land operated by the tenant or or payments specified in section 1211 is tions that are necessary to correct the defi- sharecropper.’’; and made. ciency or violation; and (4) in subsection (g) (as so redesignated)— ‘‘(B) STATUS REVIEWS.—If a person obtains ‘‘(B) permit the person to correct the defi- (A) by striking ‘‘(g)(1) Except to the extent a variance, the Secretary shall not be re- ciency or violation within the 1-year period provided in paragraph (2), no’’ and inserting quired to carry out a review of the status of beginning on the date of the notification. the following: compliance of the person with the conserva- ‘‘(2) CORRECTION OF COMPLIANCE DEFI- ‘‘(g) GOOD FAITH EXEMPTION.— tion plan under which the conservation sys- CIENCIES.—A person that receives a notifica- ‘‘(1) CONTINUED ELIGIBILITY.—No’’; tem is being applied if the sole reason for the tion under paragraph (1) shall attempt to (B) by striking ‘‘has—’’ and all that follows review is the fact that the person received correct the deficiency as soon as practicable. through ‘‘(B) acted’’ and inserting ‘‘has the variance. ‘‘(3) STATUS REVIEW.—Not later than 1 year acted’’; ‘‘(2) RESIDUE MEASUREMENTS PROVIDED BY after the date of a notification under para- (C) in paragraph (2)— PERSONS.—If a status review is carried out, graph (1), the Secretary shall carry out a re- (i) by striking ‘‘Secretary shall, in lieu’’ annual crop residue measurements supplied view of the status of compliance of the per- and all that follows through ‘‘crop year’’ and by a person and certified by a third party ap- son with the conservation plan under which inserting ‘‘person shall not be ineligible for proved by the Secretary shall be taken into the conservation system is being applied. loans or payments under section 1211’’; and consideration by the Secretary for the pur- ‘‘(4) FAILURE TO CORRECT COMPLIANCE DEFI- (ii) by adding at the end the following: ‘‘A pose of determining compliance if the meas- CIENCY.—If a person fails to correct a defi- person who the Secretary determines has urements demonstrate that, on the basis of a ciency or violation by the date that is 1 year acted in good faith and without intent to 5-year average of the residue level on the after the date of a notification under para- violate this subtitle shall be allowed a period field (as determined by the Secretary), the graph (1), the Secretary shall make a deter- of 1 year during which to implement the crop residue level for a field meets the level mination concerning the ineligibility of the measures and practices necessary to be con- required under the conservation plan. person under section 1211. S 16498 CONGRESSIONAL RECORD — SENATE November 1, 1995

‘‘(g) EXPEDITED VARIANCES.— acquired by the Commodity Credit Corpora- ‘‘(1) as the result of the production of an ‘‘(1) PROCEDURES.—The Secretary shall es- tion. agricultural commodity on land that— tablish expedited procedures, in consultation ‘‘(5) During the crop year: ‘‘(A) was manipulated prior to December with local conservation districts, for the ‘‘(A) A payment under section 8, 12, or 16(b) 23, 1985; consideration and granting of temporary of the Soil Conservation and Domestic Allot- ‘‘(B) is a wetland that is less than 1 acre in variances to allow for the use of practices ment Act (16 U.S.C. 590h, 590l, and 590p(b)). size; and measures to address problems related to ‘‘(B) A payment under section 401 or 402 of ‘‘(C) is a nontidal drainage or irrigation pests, disease, nutrient management, and the Agricultural Credit Act of 1978 (16 U.S.C. ditch excavated in upland; weather conditions (including drought, hail, 2201 and 2202). ‘‘(D) is an artificially irrigated area that ‘‘(C) A payment under subchapter B or C of and excessive moisture) or for such other would revert to upland if the irrigation chapter 1 of subtitle D. purposes as the Secretary considers appro- ceased; ‘‘(D) A payment under chapter 2 of subtitle priate. ‘‘(E) is land in Alaska identified as having ‘‘(2) RESPONSE WITHIN 15 DAYS.—The Sec- D. a high potential for agricultural develop- retary shall grant or deny a request for a ‘‘(E) A payment under chapter 3 of subtitle ment and with a predominance of permafrost variance described in paragraph (1) not later D. soils; than 15 days after receiving the request.’’. ‘‘(F) A payment, loan, or other assistance (d) AFFILIATED PERSONS.—Subtitle B of under section 3 or 8 of the Watershed Protec- ‘‘(F) is an artificial lake or pond created by title XII of the Act (16 U.S.C. 3811 et seq.) (as tion and Flood Prevention Act (16 U.S.C. 1003 excavating or diking land that is not a wet- amended by subsection (c)) is further amend- and 1006a).’’; and land to collect and retain water and is used ed by adding at the end the following: (3) in subsection (c) (as so redesignated)— primarily for livestock watering, fish pro- ‘‘SEC. 1215. AFFILIATED PERSONS. (A) by striking ‘‘Except’’ and inserting duction, irrigation, wildlife, fire control, ‘‘If a person is affected by a reduction in ‘‘WETLAND CONVERSION.—Except’’; and flood control, cranberry growing, or rice pro- benefits under section 1211 and the affected (B) by striking ‘‘subsections (a) (1) through duction, or as a settling pond; person is affiliated with other persons for the (3)’’ and inserting ‘‘subsection (b)’’. ‘‘(G) is a wetland that is temporarily or in- purpose of receiving the benefits, the bene- (b) DELINEATION OF WETLAND; EXEMP- cidentally created as a result of adjacent de- fits of each affiliated person shall be reduced TIONS.—Section 1222 of the Act (16 U.S.C. velopment activity; or under section 1211 in proportion to the inter- 3822) is amended— ‘‘(H) is frequently cropped agricultural est held by the affiliated person.’’. (1) by striking subsection (a) and inserting land; or the following: (e) APPLICABILITY.—Subtitle B of title XII ‘‘(2) for the conversion of— ‘‘(a) DELINEATION BY THE SECRETARY.— of the Act (16 U.S.C. 3811 et seq.) (as amended ‘‘(A) an artificial lake or pond created by ‘‘(1) IN GENERAL.—The Secretary shall, sub- by subsection (d)) is further amended by add- ject to subsection (b), delineate, determine, excavating or diking land that is not a wet- ing at the end the following: and certify all wetlands located on subject land to collect and retain water and that is ‘‘SEC. 1216. APPLICABILITY. land on a farm. used primarily for livestock watering, fish ‘‘This subtitle shall be effective during the ‘‘(2) WETLAND DELINEATION MAPS.—The Sec- production, irrigation, wildlife, fire control, period beginning January 1, 1996, and ending retary shall delineate wetlands on wetland flood control, cranberry growing, rice pro- December 31, 2002.’’. delineation maps. On the request of an owner duction, or as a settling pond; or SEC. 5. WETLANDS REFORM. or operator, the Secretary shall make a rea- ‘‘(B) a wetland that is temporarily or inci- (a) PROGRAM INELIGIBILITY.—Section 1221 of sonable effort to make an on-site wetland de- dentally created as a result of adjacent de- the Food Security Act of 1985 (16 U.S.C. 3821) termination prior to delineation. velopment activity.’’; is amended— ‘‘(3) CERTIFICATION.— (5) in subsection (g)(2) (as so redesig- (1) by redesignating subsection (b) as sub- ‘‘(A) IN GENERAL.—On providing notice to nated)— section (c); affected owners or operators, the Secretary (A) by striking ‘‘where such restoration’’ (2) by striking the section heading and all shall— and inserting ‘‘through the enhancement of that follows through the end of subsection ‘‘(i) certify whether a map is sufficient for an existing wetland or through the creation (a) and inserting the following: the purpose of making a determination of in- of a new wetland, and the restoration, en- ‘‘SEC. 1221. PROGRAM INELIGIBILITY. eligibility for program benefits under section hancement, or creation’’; ‘‘(a) IN GENERAL.—Except as provided in 1221; and (B) in subparagraph (A), by inserting ‘‘, en- section 1222 and notwithstanding any other ‘‘(ii) provide an opportunity to appeal the hancement, or creation’’ after ‘‘restoration’’; provision of law, any person who participates certification prior to the certification be- (C) in subparagraph (D), by inserting ‘‘in in an annual program under the Agricultural coming final. the case of enhancement and restoration of Act of 1949 (7 U.S.C. 1421 et seq.) after Janu- ‘‘(B) REVIEW OF MAPPING.—In the case of an ary 1, 1996, and who in any crop year after appeal, the Secretary shall review and cer- wetlands,’’ after ‘‘(D)’’; that date produces an agricultural commod- tify the accuracy of the mapping of all land (D) by redesignating subparagraphs (E) and ity on converted wetland, as determined by subject to the appeal to ensure that the sub- (F) as subparagraphs (F) and (G), respec- the Secretary, shall be— ject land has been accurately delineated. tively; ‘‘(1) in violation of this section; and ‘‘(C) INSPECTION OF LAND.—Prior to render- (E) by inserting after subparagraph (D) the ‘‘(2) ineligible for loans or payments in an ing a decision on the appeal, the Secretary following: amount determined by the Secretary to be shall conduct an on-site inspection of the ‘‘(E) in the case of creation of wetlands, on proportionate to the severity of the viola- subject land on a farm.’’; greater than a 1-for-1 acreage basis if more tion. (2) by redesignating subsections (b) acreage is needed to provide equivalent func- ‘‘(b) LOANS AND PAYMENTS.—If a person has through (j) as subsections (c) through (k), re- tions and values that will be lost as a result been determined to have committed a viola- spectively; of the wetland conversion that is miti- tion during a crop year under subsection (a), (3) by inserting after subsection (a) the fol- gated;’’; and the Secretary shall determine which, and the lowing: (F) in subparagraph (F)— amount, of the following loans and payments ‘‘(b) REQUESTS FOR DELINEATION.— (i) by striking ‘‘restored’’ each place it ap- for which the person shall be ineligible: ‘‘(1) IN GENERAL.—Any delineation or deter- pears and inserting ‘‘restored, enhanced, or ‘‘(1) Any type of price support or payment mination of the presence of wetland on sub- created’’; and made available under the Agricultural Act of ject land on a farm made under this subtitle (ii) by striking ‘‘restoration’’ and inserting 1949 (7 U.S.C. 1421 et seq.), the Commodity shall be valid until such time as the owner or ‘‘restoration, enhancement, or creation’’; Credit Corporation Charter Act (15 U.S.C. 714 operator of the land requests a new delinea- (6) in subsection (i) (as so redesignated)— et seq.), or any other Act. tion or determination. (A) in paragraph (1), by striking ‘‘Decem- ‘‘(2) A farm storage facility loan made ‘‘(2) CHANGE IN DELINEATION.—In the case of ber 23, 1985,’’ and all that follows through the under section 4(h) of the Commodity Credit a change in a delineation or determination, period at the end of the paragraph and in- Corporation Charter Act (15 U.S.C. 714b(h)). the Secretary shall promptly notify the serting ‘‘January 1, 1996, shall be waived by ‘‘(3) A loan made, insured, or guaranteed owner or operator of the subject land on a the Secretary if the Secretary determines under the Consolidated Farm and Rural De- farm that is affected by the change. that the person has acted in good faith and velopment Act (7 U.S.C. 1921 et seq.) or any ‘‘(3) RELIANCE ON PRIOR DELINEATION.—Any other provision of law administered by the action taken with respect to subject land on without intent to violate this subtitle.’’; and Consolidated Farm Service Agency, if the a farm by an owner or operator in reliance (B) by striking paragraphs (2) and (3) and Secretary determines that the proceeds of on a prior wetland delineation or determina- inserting the following: the loan will be used for a purpose that will tion by the Secretary shall not be subject to ‘‘(2) PERIOD FOR COMPLIANCE.—A person contribute to conversion of a wetland (other a subsequent wetland delineation or deter- who the Secretary determines has acted in than as provided in this subtitle) to produce mination by the Secretary.’’; good faith and without intent to violate this an agricultural commodity. (4) by striking subsection (c) (as so redesig- subtitle shall be allowed a period of 1 year ‘‘(4) A payment under section 4 or 5 of the nated) and inserting the following: during which to implement the measures and Commodity Credit Corporation Charter Act ‘‘(c) EXEMPTIONS.—No person shall become practices necessary to be considered to ac- (15 U.S.C. 714b and 714c) during the crop year ineligible under section 1221 for program tively restoring the subject wetland.’’; for the storage of an agricultural commodity loans or payments— (7) in subsection (k) (as so redesignated)— November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16499 (A) in paragraph (1)— under this section and determinations re- the watershed or region to comply with (i) in the first sentence, by striking ‘‘and a garding the discharge or dredge of fill mate- nonpoint source pollution requirements representative of the Fish and Wildlife Serv- rial from normal farming and ranching ac- under the Federal Water Pollution Control ice’’; and tivities, as provided in subsection (f)(1)(A). Act (33 U.S.C. 1251 et seq.) and other Federal (ii) in the second sentence, by striking ‘‘, Determinations concerning the presence of a and State environmental laws. who in’’ and all that follows through ‘‘Serv- wetland, and normal farming and ranching ‘‘(2) APPLICABILITY.—The Secretary shall ice’’; and practices, on agricultural land shall be made designate a watershed or region of special (B) in paragraph (2), by striking ‘‘and a pursuant to this section.’’. environmental sensitivity as a conservation representative’’ and all that follows through SEC. 6. ENVIRONMENTAL CONSERVATION ACRE- priority area in a manner that conforms, to ‘‘national offices’’ and inserting ‘‘shall re- AGE RESERVE PROGRAM. the maximum extent practicable, to the port to the Natural Resources Conservation Section 1230 of the Food Security Act of functions and purposes of the conservation Service’’; and 1985 (16 U.S.C. 3830) is amended to read as fol- reserve, wetlands reserve, and environmental (8) by adding at the end the following: lows: quality incentives programs, as applicable, if ‘‘(l) MITIGATION BANKING.— ‘‘SEC. 1230. ENVIRONMENTAL CONSERVATION participation in the program or programs is ‘‘(1) IN GENERAL.—The Secretary shall es- ACREAGE RESERVE PROGRAM. likely to result in the resolution or amelio- tablish a pilot program (to be carried out ‘‘(a) ESTABLISHMENT.— ration of significant soil, water, and related during a 1-year period) for mitigation bank- ‘‘(1) IN GENERAL.—During the 1996 through natural resource problems related to agricul- ing of wetlands to assist owners and opera- 2002 calendar years, the Secretary shall es- tural production activities within the water- tors in complying with the wetland con- tablish an environmental conservation acre- shed or region. servation requirements of this subtitle. age reserve program (referred to in this sec- ‘‘(3) TERMINATION.—A conservation priority ‘‘(2) REPORT.—Not later than 1 year after tion as ‘ECARP’) to be implemented through area designation shall terminate on the date the effective date of this paragraph, the Sec- contracts and the acquisition of easements that is 5 years after the date of the designa- retary shall report to the Committee on Ag- to assist owners and operators of farms and tion, except that the Secretary may— riculture of the House of Representatives ranches to conserve and enhance soil, water, ‘‘(A) redesignate the area as a conservation and the Committee on Agriculture, Nutri- and related natural resources, including priority area; or tion, and Forestry of the Senate on the grazing land, wetland, and wildlife habitat. ‘‘(B) withdraw the designation of a water- progress in carrying out the pilot program ‘‘(2) MEANS.—The Secretary shall carry out shed or region if the Secretary determines established under paragraph (1).’’. the ECARP by— the area is no longer affected by significant (c) CONSULTATION WITH THE SECRETARY OF ‘‘(A) providing for the long-term protection soil, water, and related natural resource im- THE INTERIOR.—Subtitle C of title XII of the of environmentally sensitive land; and pacts related to agricultural production ac- Act is amended— ‘‘(B) providing technical and financial as- tivities.’’. (1) by striking section 1223 (16 U.S.C. 3823); sistance to farmers and ranchers to— SEC. 7. CONSERVATION RESERVE PROGRAM. and ‘‘(i) improve the management and oper- (a) PURPOSE AND GOALS.—Section 1231(a) of (2) by redesignating section 1224 (16 U.S.C. ation of the farms and ranches; and 3824) as section 1223. the Food Security Act of 1985 (16 U.S.C. ‘‘(ii) reconcile productivity and profit- 3831(a)) is amended— (d) AFFILIATED PERSONS.—Subtitle C of ability with protection and enhancement of title XII of the Act (as amended by sub- (1) by striking ‘‘(a) IN GENERAL.—Through’’ the environment. and inserting the following: section (c)) is further amended by adding at ‘‘(3) PROGRAMS.—The ECARP shall consist ‘‘(a) IN GENERAL.— the end the following: of— ‘‘(1) PURPOSE.—Through’’; ‘‘SEC. 1224. AFFILIATED PERSONS. ‘‘(A) the conservation reserve program es- (2) by striking ‘‘1995’’ and inserting ‘‘2002’’; ‘‘If a person is affected by a reduction in tablished under subchapter B; and benefits under section 1221 and the affected ‘‘(B) the wetlands reserve program estab- (3) by adding at the end the following: person is affiliated with other persons for the lished under subchapter C; and ‘‘(2) GOALS.—The goals of the conservation purpose of receiving the benefits, the bene- ‘‘(C) the environmental quality incentive reserve program shall be to— fits of each affiliated person shall be reduced program established under chapter 2. ‘‘(A) idle land only on a voluntary basis; under section 1221 in proportion to the inter- ‘‘(b) ADMINISTRATION.— ‘‘(B) conserve the environment, including est held by the affiliated person.’’. ‘‘(1) IN GENERAL.—In carrying out the soil, water, and air; (e) APPLICABILITY.—Subtitle C of title XII ECARP, the Secretary shall enter into con- ‘‘(C) ensure respect for private property of the Act (as amended by subsection (d)) is tracts with owners and operators and acquire rights; and further amended by adding at the end the interests in land through easements from ‘‘(D) enhance wildlife and wildlife habi- following: owners, as provided in this chapter and chap- tat.’’. ‘‘SEC. 1225. APPLICABILITY. ter 2. (b) ELIGIBLE LANDS.—Section 1231 of the ‘‘This subtitle shall be effective during the ‘‘(2) PRIOR ENROLLMENTS.—Acreage en- Act (16 U.S.C. 3831) is amended by striking period beginning January 1, 1996, and ending rolled in the conservation reserve or wet- subsection (b) and inserting the following: December 31, 2002.’’. lands reserve program prior to the effective (f) EASEMENTS ON INVENTORY PROPERTY.— date of this paragraph shall be considered to ‘‘(b) ELIGIBLE LANDS.—The Secretary may Section 335 of the Consolidated Farm and be placed into the ECARP. include in the program established under Rural Development Act (7 U.S.C. 1985) is ‘‘(c) CONSERVATION PRIORITY AREAS.— this subchapter— amended by striking subsection (g) and in- ‘‘(1) DESIGNATION.— ‘‘(1) highly erodible cropland that— serting the following: ‘‘(A) IN GENERAL.—The Secretary shall des- ‘‘(A) if permitted to remain untreated ‘‘(g) EASEMENTS ON INVENTORY PROPERTY.— ignate watersheds or regions of special envi- could substantially impair soil, water, or re- The Secretary may not place a permanent ronmental sensitivity, including the Chesa- lated natural resources; wetland conservation or floodplain easement peake Bay Region (consisting of Pennsylva- ‘‘(B) cannot be farmed in accordance with on any farm property after January 1, 1996.’’. nia, Maryland, and Virginia), the Great a conservation plan established under sec- (g) AGRICULTURAL LAND.—Section 404 of Lakes Region, and the Long Island Sound tion 1212; and the Federal Water Pollution Control Act (33 Region, as conservation priority areas that ‘‘(C) meets or exceeds an erodibility index U.S.C. 1344) is amended— are eligible for enhanced assistance through of 8; (1) in subsection (d), by striking ‘‘The the programs established under this chapter ‘‘(2) marginal pasture land converted to term’’ and inserting ‘‘Except as otherwise and chapter 2. wetland; provided in this section, the term’’; and ‘‘(B) APPLICATION.—A designation shall be ‘‘(3) cropland or pasture land in or near ri- (2) by adding at the end the following: made under this paragraph if agricultural parian areas that could enhance water qual- ‘‘(u) AGRICULTURAL LAND.— practices on land within the watershed or re- ity; ‘‘(1) DEFINITION OF AGRICULTURAL LAND.—In gion pose a significant threat to soil, water, ‘‘(4) frequently cropped agricultural land; this subsection, the term ‘agricultural land’ and related natural resources, as determined and means cropland, pastureland, native pasture, by the Secretary, and an application is made ‘‘(5) cropland or pasture land to be devoted rangeland, an orchard, a vineyard, an area by— to windbreaks, shelterbelts, or wildlife cor- that supports a wetland crop (including cran- ‘‘(i) a State agency in consultation with ridors.’’. berries, taro, watercress, or rice), and any the State technical committee established (c) ENROLLMENT PRIORITIES.—Section 1231 other land that is used to produce or support under section 1261; or of the Act (16 U.S.C. 3831) is amended by the production of an annual or perennial ag- ‘‘(ii) State agencies from several States striking subsection (d) and inserting the fol- ricultural crop (including forage production that agree to form an interstate conserva- lowing: or hay), an aquaculture product, a nursery tion priority area. ‘‘(d) ENROLLMENT.— product, or a wetland crop. ‘‘(C) ASSISTANCE.—The Secretary shall des- ‘‘(1) LIMITATIONS.—Enrollments in the con- ‘‘(2) DETERMINATIONS ON AGRICULTURAL ignate a watershed or region of special envi- servation reserve (including acreage subject LAND.—The Secretary of Agriculture shall ronmental sensitivity as a conservation pri- to contracts extended by the Secretary pur- make all determinations concerning the ority area to assist, to the maximum extent suant to section 1437 of the Food, Agri- presence of a wetland on agricultural land practicable, agricultural producers within culture, Conservation, and Trade Act of 1990 S 16500 CONGRESSIONAL RECORD — SENATE November 1, 1995

(Public Law 101–624; 16 U.S.C. 3831 note)) dur- ‘‘(4) SOIL EROSION.— (3) by adding ‘‘and’’ after the semicolon at ing the 1986 through 2002 calendar years may ‘‘(A) IN GENERAL.—The Secretary shall ac- the end; and not exceed 36,400,000 acres. cept offers to enroll a field containing highly (4) by adding at the end the following: ‘‘(2) SPENDING LIMITATION.—Total spending erodible land if— ‘‘(C) shall allow incidental grazing during for enrollments under paragraph (1) may not ‘‘(i) a predominance of land on the field is the nongrowing season on filter strips and exceed the spending limitations established qualifying highly erodible land that has an other partial field enrollments within the under section 1241(e). erodiblity index of at least 8; borders of an active field;’’. ‘‘(3) PRIORITIES.—The Secretary shall, to ‘‘(ii) a predominance of at least 80 percent (h) ANNUAL RENTAL PAYMENTS.—Section the maximum extent practicable, with each of the field consists of qualifying highly 1234 of the Act (16 U.S.C. 3834) is amended by periodic enrollment (including acreage sub- erodible land; and striking subsection (c) and inserting the fol- ject to contracts extended by the Secretary ‘‘(iii) the part of the field that does not lowing: pursuant to section 1437 of the Food, Agri- have an erodibility index of at least 8 cannot ‘‘(c) ANNUAL RENTAL PAYMENTS.— culture, Conservation, and Trade Act of be cultivated in a cost-effective manner if ‘‘(1) IN GENERAL.—In determining the 1990), enroll acreage in the conservation re- separated from the qualifying highly erod- amount of annual rental payments to be paid serve that meets the priority criteria for ible land, as determined by the Secretary. to owners and operators for converting eligi- water quality, wetland, soil erosion, and ‘‘(B) PARTIAL FIELD ENROLLMENTS.—A por- ble cropland normally devoted to the produc- wildlife habitat as provided in subsection (e) tion of a field containing qualifying highly tion of an agricultural commodity to a less and, to the maximum extent practicable, erodible land under this paragraph shall be intensive use, the Secretary may consider, maximize multiple environmental benefits.’’. eligible for enrollment if the partial field among other factors, the amount necessary (d) PRIORITY FUNCTIONS.—Section 1231 of segment would provide a significant reduc- to encourage owners or operators of eligible the Act (7 U.S.C. 3831) is amended— tion in soil erosion. cropland to participate in the program estab- (1) by redesignating subsections (e) ‘‘(5) WILDLIFE HABITAT BENEFITS.— lished by this subchapter. through (g) as subsections (f) through (h); re- ‘‘(A) IN GENERAL.—The Secretary shall, to ‘‘(2) AMOUNT.— spectively; and the maximum extent practicable, ensure ‘‘(A) IN GENERAL.—The amounts payable to (2) by inserting after subsection (d) the fol- that offers to enroll acreage under paragraph owners or operators as rental payments lowing: (2), (3), or (4) are accepted so as to maximize under contracts entered into under this sub- ‘‘(e) PRIORITY FUNCTIONS.— wildlife habitat benefits. chapter shall be determined by the Secretary ‘‘(1) IN GENERAL.—During all periodic en- ‘‘(B) MAXIMIZING BENEFITS.—For purposes rollments of acreage (including acreage sub- through— of this paragraph, the Secretary shall, to the ject to contracts extended by the Secretary ‘‘(i) the submission of offers for the con- maximum extent practicable, maximize pursuant to section 1437 of the Food, Agri- tracts by owners and operators in such man- culture, Conservation, and Trade Act of 1990 wildlife habitat benefits by— ner as the Secretary may prescribe; and (Public Law 101–624; 16 U.S.C. 3831 note)), the ‘‘(i) consulting with State technical com- ‘‘(ii) determination of the rental value for Secretary shall evaluate all offers to enter mittees established under section 1261 as to the land through a productivity adjustment into contracts under this subchapter in light the relative habitat benefits of each offer, formula established by the Secretary. of the priority criteria specified in para- and accepting offers that maximize benefits; ‘‘(B) MAXIMUM RENTAL RATES.— graphs (2), (3), (4), and (5), and accept only and ‘‘(i) IN GENERAL.—Except as provided in the offers that meet the criteria specified in ‘‘(ii) providing higher priority to offers clauses (ii) and (iii), rental rates may not ex- paragraph (2), (3), or (4), maximize the bene- that would be contiguous to— ceed the productivity adjusted rental rate, as fits specified in paragraph (5), and maximize ‘‘(I) other enrolled acreage; determined by the Secretary. environmental benefits per dollar expended. ‘‘(II) designated wildlife habitat; or ‘‘(ii) PARTIAL FIELD ENROLLMENTS.—Rental If an offer meets the criteria specified in ‘‘(III) a wetland. rates for partial field enrollments for water paragraph (5) and paragraph (2), (3), or (4), ‘‘(C) COVER CROP INFORMATION.—The Sec- quality, soil erosion, or wetland priority the offer shall receive higher priority, as de- retary shall provide information to owners functions under section 1231(e) may not ex- termined by the Secretary. or operators about cover crops that are best ceed 125 percent of the rental rate for the suited for area wildlife.’’. ‘‘(2) WATER QUALITY.— land, as determined by the Secretary based ‘‘(A) TARGETED LAND.—Not later than De- (e) DURATION OF CONTRACT.—Section 1231(f) on a productivity adjustment formula. cember 31, 2000, the Secretary shall enroll in of the Act (as so redesignated) is amended— ‘‘(iii) CONSERVATION PRIORITY AREAS.— the conservation reserve program at least (1) in paragraph (1)— Rental rates for partial field enrollments in 1,500,000 acres of cropland or pasture land (A) by inserting before the period at the conservation priority areas under section that are contiguous or proximate to— end the following: ‘‘, as determined by the 1230(c) may not exceed 150 percent of the ‘‘(i) permanent bodies of water; owner or operator of the land’’; and rental rate for the land, as determined by ‘‘(ii) tributaries or smaller streams; or (B) by adding at the end the following: ‘‘A the Secretary based on a productivity ad- ‘‘(iii) intermittent streams that the Sec- contract extended by the Secretary pursuant justment formula. retary determines significantly contribute to section 1437 of the Food, Agriculture, Con- ‘‘(C) MINIMUM RENTAL RATES.—Rental rates to downstream water quality degradation. servation, and Trade Act of 1990 (Public Law for land subject to a contract extended by ‘‘(B) PURPOSES.—The land may be enrolled 101–624; 16 U.S.C. 3831 note) may have a term the Secretary pursuant to section 1437 of the by the Secretary in the conservation reserve of 5, 10, or 15 years, as determined by the Food, Agriculture, Conservation, and Trade to establish— owner or operator of the land.’’; and Act of 1990 (Public Law 101–624; 16 U.S.C. 3831 ‘‘(i) filterstrips; (2) by adding at the end the following: note) may not be less than 80 percent of the ‘‘(ii) contour grass strips; ‘‘(3) EARLY OUT.—The Secretary shall allow average rental rate for all contracts in force ‘‘(iii) grassed waterways; and an owner or operator who (on the effective in the county at the time of the extension. ‘‘(iv) other equivalent conservation meas- date of this paragraph) is covered by a con- ‘‘(3) TREES.—In the case of acreage enrolled ures that have a high potential to ameliorate tract entered into under this subchapter to in the conservation reserve that is to be de- pollution from crop and livestock produc- terminate the contract not later than April voted to trees, the Secretary may consider tion. 15, 1996. Land subject to an early termi- offers for contracts under this subsection on ‘‘(C) PARTIAL AND WHOLE FIELDS.—Enroll- nation of a contract under this paragraph a continuous basis.’’. ments under this paragraph may include par- may not include filterstrips, waterways, (i) OWNERSHIP AND OPERATION REQUIRE- tial and whole fields, except that the Sec- strips adjacent to riparian areas, MENTS.—Section 1235(a) of the Act (16 U.S.C. retary shall provide a higher priority to par- windbreaks, shelterbelts, and other areas of 3835(a)) is amended— tial field enrollments. high environmental value as determined by (1) in paragraph (1)(B), by striking ‘‘1985’’ ‘‘(3) WETLANDS.— the Secretary.’’. and inserting ‘‘1996’’; and ‘‘(A) IN GENERAL.—The Secretary shall ac- (f) CONFORMING AMENDMENTS.—Section 1231 (2) in paragraph (2)(B)(i), by striking ‘‘1985’’ cept offers to enroll up to 1,500,000 acres of of the Act (as amended by subsection (d)(1)) and inserting ‘‘1996’’. frequently cropped agricultural land, includ- is further amended— (j) CONFORMING AMENDMENT.—Section ing such land enrolled (as of the effective (1) by striking subsection (g); and 1235A(b)(2) of the Act (16 U.S.C. 3835a(b)(2)) is date of this subparagraph) in the conserva- (2) by redesignating subsection (h) as sub- amended by striking ‘‘or permanent’’. tion reserve and subsequently subject to a section (g). SEC. 8. WETLANDS RESERVE PROGRAM. contract extension under section 1437 of the (g) INCIDENTAL GRAZING.—Section 1232(a)(7) (a) PURPOSES.—Section 1237(a) of the Food Food, Agriculture, Conservation, and Trade of the Act (16 U.S.C. 3832(a)(7)) is amended— Security Act of 1985 (16 U.S.C. 3837(a)) is Act of 1990 (Public Law 101–624; 16 U.S.C. 3831 (1) by striking ‘‘except that the Secretary amended by striking ‘‘to assist owners of eli- note), as determined by the Secretary. may’’ and inserting ‘‘except that the Sec- gible lands in restoring and protecting wet- ‘‘(B) FUNCTIONS AND VALUES.—In enrolling retary— lands’’ and inserting ‘‘to protect wetlands for land under subparagraph (A), the Secretary ‘‘(A) may’’; purposes of enhancing water quality and pro- shall give a priority to enrolling frequently (2) by striking ‘‘emergency, and the Sec- viding wildlife benefits while recognizing cropped agricultural land that the Secretary retary may’’ and inserting the following: landowner rights’’. determines maximizes preservation of wet- ‘‘emergency; (b) MINIMUM ENROLLMENT.—Section 1237(b) land functions and values. ‘‘(B) may’’; of the Act (16 U.S.C. 3837(b)) is amended by November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16501 striking ‘‘program’’ and all that follows Agriculture, Conservation, and Trade Act of croppers, including provision for sharing, on through ‘‘2000’’ and inserting ‘‘program a 1990 (Public Law 101–624; 16 U.S.C. 3831 note)); a fair and equitable basis, in payments under total of not more than 975,000 acres during ‘‘(2) subchapter C of chapter 1 of subtitle D; the programs established under subtitles B the 1991 through 2002’’. and through D. (c) ELIGIBILITY.—Section 1237(c) of the Act ‘‘(3) chapter 2 of subtitle D for practices re- ‘‘(d) REGULATIONS.—Not later than 90 days (16 U.S.C. 3837(c)) is amended— lated to livestock production. after the effective date of this subsection, (1) by striking ‘‘2000’’ and inserting ‘‘2002’’; ‘‘(b) ADVANCE APPROPRIATIONS TO CCC.— the Secretary shall issue regulations to im- (2) by striking ‘‘Secretary of the Interior The Secretary may use the funds of the Com- plement the conservation reserve and wet- at the local level’’ and inserting ‘‘State tech- modity Credit Corporation to carry out lands reserve programs established under nical committee’’; chapter 3 of subtitle D, except that the Sec- chapter 1 of subtitle D.’’. (3) by inserting ‘‘the land maximizes wild- retary may not use the funds of the Corpora- (b) CONFORMING AMENDMENTS.— life benefits and wetland values and func- tion unless the Corporation has received (1) The first sentence of the matter under tions and’’ after ‘‘determines that’’; funds to cover the expenditures from appro- the heading ‘‘COMMODITY CREDIT CORPORA- (4) in paragraph (1)— priations made available to carry out chap- TION’’ of Public Law 99–263 (100 Stat. 59; 16 (A) by striking ‘‘December 23, 1985’’ and in- ter 3 of subtitle D. U.S.C. 3841 note) is amended by striking ‘‘: serting ‘‘January 1, 1996’’; and ‘‘(c) ENVIRONMENTAL QUALITY INCENTIVES Provided further,’’ and all that follows (B) by striking ‘‘and’’ at the end; PROGRAM.—For each of fiscal years 1996 through ‘‘Acts’’. (5) by redesignating paragraph (2) as para- through 2002, $100,000,000 of the funds of the (2) Section 1232(a)(11) of the Food Security graph (3); Commodity Credit Corporation shall be Act of 1985 (16 U.S.C. 3832(a)(11)) is amended (6) by inserting after paragraph (1) the fol- available for providing technical assistance, by striking ‘‘in a county that has not lowing: cost-sharing payments, and incentive pay- reached the limitation established by section ‘‘(2) enrollment of the land meets water ments for practices relating to livestock pro- 1243(f)’’. duction under the environmental quality in- quality goals through— SEC. 10. CONFORMING AMENDMENTS. ‘‘(A) creation of tailwater pits or settle- centives program. (a) RURAL ENVIRONMENTAL CONSERVATION ment ponds; or ‘‘(d) WETLANDS RESERVE PROGRAM.—Spend- PROGRAM.— ‘‘(B) enrollment of land that was enrolled ing to carry out the wetlands reserve pro- (1) ELIMINATION.—Title X of the Agricul- (on the day before the effective date of this gram under subchapter C of chapter 1 of sub- tural Act of 1970 (16 U.S.C. 1501 et seq.) is re- subparagraph) in the water bank program es- title D shall be not greater than $614,000,000 pealed. tablished under the Water Bank Act (16 for fiscal years 1996 through 2002. (2) CONFORMING AMENDMENTS.—Section U.S.C. 1301 et seq.) at a rate not to exceed ‘‘(e) CONSERVATION RESERVE PROGRAM.— 246(b) of the Department of Agriculture Re- the rates in effect under the program;’’; Spending for the conservation reserve pro- organization Act of 1994 (7 U.S.C. 6962(b)) is (7) in paragraph (3) (as so redesignated), by gram (including contracts extended by the amended— striking the period at the end and inserting Secretary pursuant to section 1437 of the (A) by striking paragraph (1); and ‘‘; and’’; and Food, Agriculture, Conservation, and Trade (B) by redesignating paragraphs (2) (8) by adding at the end the following: Act of 1990 (Public Law 101–624; 16 U.S.C. 3831 through (8) as paragraphs (1) through (7), re- ‘‘(4) enrollment of the land maintains or note)) shall be not greater than— spectively. improves wildlife habitat.’’. ‘‘(1) $1,787,000,000 for fiscal year 1996; (b) OTHER CONSERVATION PROVISIONS.—Sub- (d) OTHER ELIGIBLE LANDS.—Section 1237(d) ‘‘(2) $1,784,000,000 for fiscal year 1997; (16 U.S.C. 3837(d)) is amended by inserting ‘‘(3) $1,445,000,000 for fiscal year 1998; title F of title XII of the Food Security Act after ‘‘subsection (c)’’ the following ‘‘, land ‘‘(4) $1,246,000,000 for fiscal year 1999; of 1985 (16 U.S.C. 2005a and 2101 note) is re- that maximizes wildlife benefits and that ‘‘(5) $1,101,000,000 for fiscal year 2000; pealed. is’’. ‘‘(6) $999,000,000 for fiscal year 2001; and (c) COMMODITY CREDIT CORPORATION CHAR- (e) EASEMENTS.—Section 1237A of the Act ‘‘(7) $974,000,000 for fiscal year 2002. TER ACT.—Section 5(g) of the Commodity (16 U.S.C. 3837a) is amended— ‘‘SEC. 1242. ADMINISTRATION. Credit Corporation Charter Act (15 U.S.C. (1) by striking subsection (c) and inserting ‘‘(a) PLANS.—The Secretary shall, to the 714c(g)) is amended to read as follows: the following: extent practicable, avoid duplication in— ‘‘(g) Carry out conservation functions and ‘‘(c) RESTORATION PLANS.—The develop- ‘‘(1) the conservation plans required for— programs.’’. ment of a restoration plan, including any ‘‘(A) highly erodible land conservation (d) RESOURCE CONSERVATION.— compatible use, under this section shall be under subtitle B; (1) ELIMINATION.—Subtitles A, B, D, E, F, made through the local Natural Resources ‘‘(B) the conservation reserve program es- G, and J of title XV of the Agriculture and Conservation Service representative, in con- tablished under subchapter B of chapter 1 of Food Act of 1981 (95 Stat. 1328; 16 U.S.C. 3401 sultation with the State technical commit- subtitle D; and et seq.) are repealed. tee.’’; ‘‘(C) the wetlands reserve program estab- (2) CONFORMING AMENDMENT.—Section 739 (2) by striking subsection (e) and inserting lished under subchapter C of chapter 1 of of the Agriculture, Rural Development, Food the following: subtitle D; and and Drug Administration, and Related Agen- ‘‘(e) TYPE AND LENGTH OF EASEMENT.—A ‘‘(2) the environmental quality incentives cies Appropriations Act, 1982 (7 U.S.C. 2272a), conservation easement granted under this program plan established under chapter 2 of is repealed. section— subtitle D. (e) ENVIRONMENTAL EASEMENT PROGRAM.— ‘‘(1) shall be in a recordable form; ‘‘(b) ACREAGE LIMITATION.— Section 1239(a) of the Food Security Act of ‘‘(2) shall be for 20 or 30 years; and ‘‘(1) IN GENERAL.—The Secretary shall not 1985 (16 U.S.C. 3839(a)) is amended by striking ‘‘(3) shall not exceed the maximum dura- enroll more than 25 percent of the cropland ‘‘1991 through 1995’’ and inserting ‘‘1996 tion allowed under applicable State law.’’; in any county in the programs administered through 2002’’. and under the conservation reserve and wetlands (f) RESOURCE CONSERVATION AND DEVELOP- (3) in subsection (f), by striking the third reserve programs established under sub- MENT PROGRAM.—Section 1538 of the Agri- sentence and inserting the following: ‘‘Com- chapters B and C, respectively, of chapter 1 culture and Food Act of 1981 (16 U.S.C. 3461) pensation may be provided in not less than 5, of subtitle D. Not more than 10 percent of is amended by striking ‘‘1991 through 1995’’ nor more than 30, annual payments of equal the cropland in a county may be subject to and inserting ‘‘1996 through 2002’’. or unequal size, as agreed to by the owner an easement acquired under the subchapters. SEC. 11. WILDLIFE BENEFITS. ‘‘(2) EXCEPTION.—The Secretary may ex- and the Secretary.’’. In carrying out conservation programs, the ceed the limitations in paragraph (1) if the (f) DUTIES OF THE SECRETARY.—Section Secretary of Agriculture is encouraged to Secretary determines that— 1237C(d) of the Act (16 U.S.C. 3837c(d)) is promote wildlife benefits to the extent prac- ‘‘(A) the action would not adversely affect amended by striking ‘‘, in consultation’’ and ticable and to the extent that the action the local economy of a county; and all that follows through ‘‘Interior,’’. does not conflict with the requirements or ‘‘(B) operators in the county are having SEC. 9. CONSERVATION FUNDING. purposes of the programs. N ENERAL difficulties complying with conservation (a) I G .—Subtitle E of title XII of SEC. 12. EFFECTIVE DATE. the Food Security Act of 1985 (16 U.S.C. 3841 plans implemented under section 1212. (a) IN GENERAL.—This Act and the amend- et seq.) is amended to read as follows: ‘‘(3) SHELTERBELTS AND WINDBREAKS.—The limitations established under this subsection ments made by this Act shall become effec- ‘‘Subtitle E—Funding shall not apply to cropland that is subject to tive on the later of— ‘‘SEC. 1241. FUNDING. an easement under chapter 1 or 3 of subtitle (1) the date of enactment of this Act; or ‘‘(a) MANDATORY EXPENSES.—For each of D that is used for the establishment of (2) January 1, 1996. fiscal years 1996 through 2002, the Secretary shelterbelts and windbreaks. (b) TRANSITION PROVISIONS.—Notwithstand- shall use the funds of the Commodity Credit ‘‘(c) TENANT PROTECTION.—Except for a ing any other provision of law, this Act and Corporation to carry out the programs au- person who is a tenant on land that is sub- the amendments made by this Act shall not thorized by— ject to a conservation reserve contract that affect the authority of the Secretary of Agri- ‘‘(1) subchapter B of chapter 1 of subtitle D has been extended by the Secretary, the Sec- culture to carry out a program for any of the (including contracts extended by the Sec- retary shall provide adequate safeguards to 1991 through 1995 calendar years under a pro- retary pursuant to section 1437 of the Food, protect the interests of tenants and share- vision of law in effect immediately before S 16502 CONGRESSIONAL RECORD — SENATE November 1, 1995 the effective date required under subsection Our bill is a prescription for judicious source conservation and development (a). reform. In my view, it is a remedy des- districts through 2002. Mr. DOLE. Mr. President, when Re- perately needed to save farmers from a However, it is of the utmost impor- publicans took control of Congress in terminal case of overregulation. tance that Government agencies are January, we promised the American This legislation will accomplish not placed in the role of policing the people that we would rein in the Fed- three basic goals: actions of these farmers. This bill em- eral Government, and shift power back First, reduce unnecessary regulatory phasizes technical advice and cost where it belongs—to the States and to burdens, while maintaining basic envi- share of projects for our Nation’s farm- the people. The Senate has worked ronmental objectives; ers, rather than enforcement and pen- hard to fulfill that promise. We are Second, restore respect for basic pri- alties. tackling regulatory reform, tax reform, vate property rights; The Conservation Reserve Program and private property rights—and we Third, promote voluntary compliance as currently implemented enjoys wide- are just getting started. of conservation and environmental ob- spread support among Idaho farmers. Today, I am joined by Senator jectives. CRP will be extended for at least an- LUGAR, Senator CRAIG, and Senator Further, this bill adds flexibility and other 10 years under the Resources En- GRASSLEY, to introduce the Resource uniformity to conservation and wet- hancement Act. The positive gains in Enhancement Act of 1995. This bill out- lands compliance. soil conservation will be continued lines practical and necessary reforms Flexibility will be the guiding prin- along with an increased focus on water to the environmental provisions of the ciple of conservation compliance. The quality and wildlife habitat. 1995 farm bill. current system of measuring erosion Idaho farmers will now be able to en- Mr. President, the 1985 farm bill in- and regulating compliance will be roll hill tops and filter strips, rather cluded three environmental provisions clarified and codified. than entire fields of productive land. A The Conservation Reserve Program which revolutionized farm policy. premium of up to 125 percent of produc- will be reauthorized and modified. In Swampbuster, sodbuster, and the Con- tivity adjusted rental rates will be paid addition to protecting highly erodible servation Reserve Program provided for those partial field enrollments. the first link between the preservation land, the program will incorporate For those still submitting entire field of soil and wetlands, and farm program water quality goals, wetlands protec- bids, the enrollment criteria of an participation. tion, and wildlife preservation. erodibility index of 8 is similar to the No doubt about it, these programs Many farmers tell me that the cur- current program. To provide some sta- have been successful. But over the past rent swampbuster regulations allow bility to farmers and local economies, decade, we have learned many valuable the Government to infringe on their a floor will be established for lessons. Now it is clear that sub- property rights. However, the con- reenrollments. That floor will be 80 stantive reform is needed. These provi- servation community tells me that percent of the average rental rate for sions were not intended to put high- swampbuster is one of the most impor- other contracts in the same county. quality land in the CRP. They were not tant wetlands protection laws ever en- intended to allow the U.S. Fish and acted. In our bill, we address the need Common sense must also prevail in Wildlife Service or the Army Corps of for deregulation by exempting fre- other farm programs, especially those Engineers to usurp the authority of the quently cropped and nuisance wet- relating to compliance with conserva- USDA. lands. At the same time, we aim to fur- tion requirements on highly erodible In 1985, no one anticipated that a ther wetlands protection by directing lands. This bill will increase the flexi- blanket ‘‘highly erodible land’’ des- USDA to enroll wetlands in the CRP. bility of producers in meeting the re- ignation—based on 1930’s wind data— Mr. President, this bill is the result quirements of their approved conserva- would reduce property values in 13 of months of hard work and coopera- tion plans. western Kansas counties. In 1985, no tion among conservation, wildlife, and For the first time, alternate con- one expected that existing drainage farm groups. I believe its impact will servation systems will be written into ditches or tiles in farmed fields would be good for the environment, good for law and the use of on-farm research be labeled ‘‘abandoned’’ and thus be wildlife preservation, and good for will be encouraged. Farmers from prevented from repair. farmers. It is my hope that this legisla- across the Nation will also benefit from In my view, this legislation achieves tion represents a new covenant be- expedited USDA decisions on requests balanced reform by building on the in- tween the environmental and farm for variances to their conservation tent of the original legislation. The communities. I urge my colleagues to compliance plans. primary focus of the 1985 farm bill was join me in this effort to give the Amer- The issue of good faith and unin- preventing soil erosion. We have made ican people better, not bigger govern- tended violations is also addressed. good progress toward that goal, but ment. From this bill forward, good-faith in- much remains to be done. Now we must Mr. CRAIG. Mr. President, I am very fractions by the farmer will be treated expand our focus to include water qual- proud to introduce a bill today that I in good faith by the Department. Those ity and wildlife habitat improvements. hope will serve as the framework for good-faith violations will not be sub- Soil conservation and the Conservation crafting the conservation title of the ject to a penalty. For any other viola- Reserve Program are crucial to achiev- 1995 farm bill. The Resources Enhance- tion, the size of the penalty will equate ing those goals. ment Act is a balanced approach to to the size of the violation. Currently, In the past, farm program participa- blending the successes of past policy a small area of noncompliance on a tion was tied to conservation compli- with the changing scope of future farm can place an entire operation at ance. However, the trend in farm needs. risk. The commonsense provisions of spending is clear. Since 1985, Commod- The role of conservation programs in the Resources Enhancement Act will ity Credit Corporation spending on American agriculture are sometimes rectify that situation. wheat has declined over 40 percent. overlooked and underestimated. Farm- Common sense also prevails in the Spending on milo has declined a stag- ers and ranchers are the original envi- sections of the bill that address reform gering 69 percent. At this pace, any ronmentalists and because of their de- of the swampbuster program. Improve- linkage will soon vanish. If we aim to pendence on the land they continue to ments similar to the highly erodible fulfill the intent of conservation and implement voluntary practices that section are made in swampbuster with wetlands laws—and we should—we are in the best interests of those re- regard to good faith violations and all must adjust to today’s conditions. sources. penalties. Earlier this year, I spoke to the The Resources Enhancement Act will This bill will also place authority for American Farm Bureau Federation’s maximize the voluntary efforts of ag wetlands in its natural place—the annual meeting. Farmers there told me farmers and ranchers by extending the Department of Agriculture. The res- that they are willing to accept less role of State and Federal agencies, as toration and enhancement of existing Government support—if the Govern- well as some private entities, as part- wetlands and creation of new wetlands ment will stop interfering in their busi- ners in that effort. This includes an ex- will be enhanced with an increased em- nesses. tension of the immensely popular re- phasis on mitigation banking. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16503 The Resource Enhancement Act also ited entirely’’. Senator Church re- canyon in 1910, and the first contract ensures that the wetlands reserve pro- sponded to that testimony unfavor- for regular mail delivery was signed in gram will be continued through 2002. ably, explaining: 1919, continuing today. The Corps of This program allows for 20- or 30-year . . . jet boats have been found to be the pre- Engineers began blasting rocks and im- easements for wetlands or water qual- ferred method of travel by a great many peo- proving channels in 1903. They worked ity to be placed on agricultural lands. ple who have gone into the canyon. This is a continuously until 1975 to make the The broad scope of resource conserva- matter of such importance that Congress it- river safer for navigation. self should decide what the guidelines would tion needs are addressed in this bill be with respect to regulation of traffic on Today the vast majority of people— while recognizing the ongoing vol- the river and that the discretion ought not over 80 percent—who recreate in the untary efforts of farmers and ranchers to be left entirely to the administrative Hells Canyon segment of the Snake and maintaining a respect for private agencies. River access it by motorized river property rights. These resource needs In a clear indication of Congress’ in- craft. Some are private boaters, and are best addressed by continued vol- tentions, the jet boat ban was not others travel with commercial opera- untary efforts in this time of declining adopted. tors on scenic tours. This access is ac- Federal resources. It makes sense that Later, in its first version of a com- complished with a minimum of impact the regulatory burdens on farmers and prehensive management plan in 1981, to the river, the land, or their re- ranchers are decreasing, since the level the Forest Service attempted to bypass sources. Most river users, motorized of past farm program payments is also congressional intent by eliminating and nonmotorized, are willing to share declining. power boating from the heart of Hells the river. However, a small group of I commend Senators DOLE, GRASS- Canyon for the entire primary recre- nonmotorized users objects to seeing LEY, and LUGAR for their efforts in ation season, granting exclusive use of powered craft. Those unwilling to share crafting this bill and urge our other the river from Wild Sheep Rapid to have a rich choice of alternatives in colleagues to join us in supporting the Rush Creek Rapid to those using non- this geographic area, such as the Resources Enhancement Act of 1995. motorized river craft. Responding to Selway and Middle Fork of the Salmon public outrage, the Chief reconsidered rivers. Motorized users, however, don’t his decision, and issued a new plan al- have that luxury. The only other white By Mr. CRAIG (for himself and Mr. lowing access to the entire river for a water rivers open to them in the Wild KEMPTHORNE): very limited number of powered craft. and Scenic System are portions of the On appeal, Assistant Secretary Crowell Rogue and Salmon rivers. Without a S. 1374. A bill to require adoptiion of overturned this decision, allowing un- a management plan for the Hells Can- single doubt, the Hells Canyon portion limited day use by powerboats and cit- of the Snake River is our Nation’s pre- yon National Recreation Area that al- ing failure on the part of the Forest lows appropriate use of motorized and mier white water power boating river. Service to demonstrate a need for such Mr. President, as you can see, the use nonmotorized river craft in the recre- severe restrictions. ation area, and for other purposes; to of motorized river craft is deeply inter- More recently, Wallowa-Whitman woven in the history, traditions, and the Committee on Energy and Natural National Forest Supervisor Robert Resources. culture of Hells Canyon. That is why Richmond initiated a review and revi- Congress deliberately created a HELL’S CANYON NATIONAL RECREATION AREA sion of the river management portion nonwilderness corridor for the entire BOATING AMENDMENTS LEGISLATION of the comprehensive management Mr. CRAIG. Mr. President, public length of the river. That is why Con- plan. Despite the lack of any demon- gress tried to make it clear that use of Law 94–199, designating the Hells Can- strable resource problems, and in the yon National Recreation Area, was both motorized and nonmotorized river face of overwhelming public support craft are valid uses of the river within signed into law December 31, 1975. for motorized river craft, the agency Section 10 of the act instructs the the recreation area—the entire river again decided to close part of the river for the entire year. It was not the in- Secretary to promulgate such rules and to powerboats. The new river manage- regulations as he deems necessary to tent of Congress to allow the managing ment plan adopted in November 1994 agency to decide that one valid use accomplish the purposes of the act, in- would have closed the heart of the can- cluding a ‘‘provision for the control of would prevail to the exclusive use over yon to motorized river craft for 3 days the other. the use and number of motorized and a week in July and August, the peak of Quite clearly, the issue of power nonmotorized river craft: Provided, the recreation season. In response to boating’s validity will not be settled That the use of such craft is hereby the many appeals received, a stay was unless decided by the courts or unless recognized as a valid use of the Snake granted by the regional Forester, Public Law 94–199 is clarified by Con- River within the recreation area—’’. avoiding a disastrous implementation gress. The courts are already burdened This language seems clear. However, of the new plan in 1995. the original intent of the act, the com- However, the regional forester’s by too many cases of this type, result- promises and promises that allowed its eventual decision on the substance of ing in a waste of time, energy, and fi- passage, seem to have been forgotten the appeals made clear that he sup- nancial resources for both the United or clouded with time. Assurances 20 ports the concept of a partial closure of States and its citizens. The only prac- years ago that long-established and the river to motorized river craft. The tical and permanent resolution of this traditional uses, such as motorized agency’s intent to pursue a closure is issue is to clarify congressional intent boating, are a valid use of the river and quite evident. Even a partial closure is in a manner that will not allow any fu- would be continued with the support of objectionable, as it is contrary to the ture misunderstanding. This is what I people who would otherwise have op- intent of the law and the history of the propose to do with this legislation. posed the legislation. Yet, as the origi- river. nal participants disappear from the The Snake River is different from By Mr. BURNS (for himself, Mr. scene and new players arrive, these ar- most rivers in the Wild and Scenic Sys- CRAIG, Mr. GORTON, Mr. GRASS- rangements are being callously dis- tem. It is a high-volume river with a LEY, Mr. MCCONNELL, Mr. regarded. long and colorful history of use by mo- DASCHLE, Mr. HARKIN, Mr. Throughout the process leading to torized river craft. The first paying KERREY, and Mr. KEMPTHORNE): designation and the ensuing manage- passengers to travel up through its rap- S. 1375. A bill to preserve and ment planning efforts, the USDA—For- ids on a motor boat made their journey strengthen the Foreign Market Devel- est Service has exhibited a bias against on the 110-foot Colonel Wright in 1865, opment Cooperator Program of the De- motorized river craft. During hearings and a memorable journey that was. partment of Agriculture, and for other on the act, Assistant Secretary of Agri- Later, the 136-foot Shoshone made its purposes; to the Committee on Agri- culture Long testified on a proposed plunge through the canyon from Boise culture, Nutrition, and Forestry. amendment that would have author- to Lewiston in 1870 and was followed by THE FOREIGN MARKET DEVELOPMENT ized the Forest Service to prohibit jet the 165-foot Norma in 1895. Gasoline- COOPERATOR PROGRAM ACT OF 1995 boats. He noted that there were ‘‘times powered craft began hauling people, Mr. BURNS. Mr. President, I rise when boating perhaps should be prohib- produce, and supplies in and out of the today together with Senators CRAIG, S 16504 CONGRESSIONAL RECORD — SENATE November 1, 1995

GORTON, GRASSLEY, MCCONNELL, FAS for fewer discretionary funds. This High-volume commodities, like DASCHLE, HARKIN, and KERREY of Ne- has led to FAS requesting cuts in the grains, rarely lend themselves to tradi- braska to introduce legislation that program as a means of funding other tional consumer promotion programs, will preserve and strengthen the For- FAS activities. Due to the success of but rely instead on working directly eign Market Development Cooperator this program, Congress has decided with end-users and processors on a reg- Program of the Department of Agri- that these funds should continue and ular basis. Cooperator projects are culture. has stated such to the Foreign Agricul- suited to trade servicing activities In an effort to balance the budget by tural Service. This year that adminis- such as the collection and dissemina- the year 2002, Congress has had to tration proposed a budget that would tion of market facts; training pro- make some very difficult decisions. have reduced the funding for the Co- grams; and demonstrations or tech- Whatever the final outcome of this operator Program by 20 percent. nical seminars on product uses to pro- process in budget reconciliation the A reduction of this magnitude would ducers, processors, manufacturers, and fact remains that the American farmer have meant a U.S. retreat from inter- consumers. This focus requires a con- will be asked to move into a market- national markets at a time when the tinual presence in the overseas market oriented farm policy. Therefore it has Foreign Agricultural Service has testi- which is essential for the United States become crystal clear that we must fied that the resources and staff of non- to remain competitive. Regular con- open up our thinking and provide our profit commodity were less than ade- tact with the customer is necessary to quate. This is to say that our nonprofit farmers access to international mar- follow shifts in the rapidly changing agricultural organizations were not kets. world market. Changes that have resulted from the able to meet the challenges and Uruguay round of GATT and the grow- changes in the international market In my State of Montana, where we ing privatization of importing regimes place. On the more meaningful level, export up to 70 percent of the grain in overseas markets demand that ex- this would have meant fewer opportu- that we grow, programs of this nature port programs be instituted that meet nities for the producers in the world are extremely important. In recent current needs and futures challenges. market. times when we have signed agreements Such programs should reflect not only As a member of the Agricultural Ap- with the world to place our family the successes we have had in the past, propriations Subcommittee I can tell farmers in the world market it has be- but they must also be dynamic and you what we took this seriously and re- come increasingly important that we flexible enough to build on these gains. stored full finding for the program this provide them with tools to compete in One program that has stood the test year. But we grow weary of the contin- these markets. I have stated many of time is the Foreign Market Develop- ued assault on such a successful pro- times that the American farmer is ment Program, also known as the Co- gram. It is a practice that must stop. more than willing to compete with any operator Program. Amendments to the This bill will stop this, by establishing and all farmers around the world. But Agricultural Trade Development and a separate identity for the Foreign we have placed them at a disadvantage Assistance Act of 1954 and the Agri- Market Development Cooperator Pro- by making them compete with the gov- culture and Food Act of 1981 authorized gram from that of FAS. ernments of other countries. This is a The Foreign Market Development market development activities and the program that will provide them with a Cooperator Program is not only one of use of Federal funds to develop, main- tool to use in the world market. the oldest export programs, but it is tain, and expand foreign markets for also one of the most essential and ef- Throughout my time here in Wash- U.S. agriculture commodities. It was fective. In fiscal year 1994, cooperators ington I have fought for programs that determined by the USDA’s Foreign Ag- expended $29.8 million of FAS funds on will add dollars to the pockets of the ricultural Service that this could best the market development program. Co- small family farmers in Montana and be accomplished by private, nonprofit operators reported additional contribu- the United States. This program in its agricultural organizations. These orga- tions of $30 million. These cooperators design does this, whether it be a corn nizations have been required to share conducted more than 1,000 individual or soybean farmer in Iowa or a wheat in the financial expense of the market market development activities in over and barley farmer in my state of Mon- development activities. 100 countries. The private sector fund- tana. Development of this type would In 1988, Congress stated, ing assists in reducing the deficit while also benefit the livestock producer in It is the sense of Congress that the foreign maintaining our presence in overseas any area of our Nation. It might be a market development Cooperator Program of markets. The involvement of the pri- cotton producer in Mississippi or the Service, and the activities of the individ- vate sector also creates incentives for Texas, or maybe a rice farmer in Ar- ual foreign market development cooperator kansas, or maybe even a small timber organizations, have been among the most effective programs as it is their own successful and cost-effective means to ex- producer dollars at stake. This has cre- operator in Washington and Idaho. pand United States agricultural exports. ated an incentive-based program that Whatever or wherever it is that they Congress affirms its support for the program FAS has stated that the combined co- come from, by using their matching and the activities of the cooperator organiza- operator and foreign third party con- funds these cooperators have an invest- tions. The Administrator and the private tributions have exceeded the FAS con- ment and will see that they get a re- sector should work together to ensure that tribution every year. turn on their funds. They will in turn the program, and the activities of cooperator The cooperator program has been see additional dollars for their prod- organizations, are expanded in the future. long regarded as a model of public-pri- ucts and will compete fully in the While Congress has provided full vate sector cooperation. FAS has re- world market. funding through the regular appropria- cently stated that the market develop- tions process every year since the Co- The future of this program is bright, ment cooperator program has played and this legislation will make it only operator Program’s development in an important role in increasing U.S. more of a reality. The unique resources 1954, we have provided little statutory agricultural exports to the approxi- that the nonprofit agriculture organi- direction to the USDA and the Foreign mately $43.5 billion in fiscal year 1994. Agricultural Service. Congress has sim- According to a senior FAS official, zations bring to this cooperative pro- ply established broad goals for market the cooperator program is the main- gram enhance the future of the exports development programs. As a result, the stay of market development activities. we now have in agriculture. Recent de- Foreign Agricultural Service has been Cooperators are by definition non- velopments in communications tech- given wide discretion in establishing profit, agricultural trade associations nologies hold promise for greatly en- programs and funding. which represent farmers and farm-re- hancing the ability of cooperator orga- Mr. President, this arrangement has lated interests. Cooperators participat- nizations to communicate with their been highly successful for a number of ing include representatives from the counterparts around the country and, years. Unfortunately, in recent years feed grains, wheat, soybean, rice, cot- for that matter, the rest of the world. the Cooperator Program has fallen vic- ton, poultry, meat, and forest products Mr. President, in light of the current tim to the intense competition within as well as many others. trend of placing our family farmers on November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16505 the world market, and with the pres- Cooperator Program has proven to be homa, Texas, Virginia, and Wyoming. sure to open the safety net which pro- an effective, efficient, cost-shared pro- Among other associations we have re- tects our food supply, I find it impera- gram, providing trade service and tech- ceived support from include: Washing- tive that Congress act to give our rural nical assistance for U.S. agriculture ton Education Trade Economic Com- families this tool to work within the commodities in overseas markets. This mittee, National Association of Wheat world market. This one tool will send a legislation will ensure that the FMD Growers, U.S. Wheat Associates, USA message to the country and the world Cooperator Program is better able to Dry Pea and Lentil Council, National that we are working to keep our family compete for a limited number of discre- Barley Growers Association, National farms strong and vital operations with- tionary dollars during the annual ap- Council of Farmer Cooperatives, West- in our economic structure. This mes- propriations process. ern U.S. Agriculture Trade Associa- sage will allow the Department of Agri- Many important developments have tion, National Corn Growers Associa- culture to focus on the opportunities taken place since the completion of the tion, National Dry Bean Council, that these cooperative efforts between Uruguay Round of the General Agree- American Seed Trade Association, USA the public and private sector can and ment of Tariffs and Trade [GATT]. I be- Poultry and Egg Export Council, Amer- will produce. lieve that GATT will continue to open ican Soybean Association, National Mr. President, I would like to take new world markets for the United Cotton Council, National Peanut Coun- this opportunity to invite my col- States so programs like FMD are even cil of America, and National Sunflower leagues to join me in this effort to pro- more important to give U.S. agri- Association. Clearly, Mr. President, vide an opportunity to the rural fami- culture the tools necessary to develop, this legislation has a tremendous lies in this country to meet the rest of maintain, and expand commercial ex- amount of support from U.S. agri- the world on the field of grain and agri- port markets for U.S. agriculture com- culture nationwide. culture with the tools that will help modities in this new post-GATT envi- Mr. President, in closing I invite my them be successful. ronment. Mr. CRAIG. Mr. President, the Co- As a member of the Agriculture Ap- colleagues to join me as cosponsors of operator Program Act exemplifies the propriations Subcommittee, I have this legislation and ask unanimous export-based marketing that must made funding for export programs my consent that a letter of support from occur if American agriculture is to lead top priority. I am convinced that the the Washington State Wheat Commis- the world into the 21st century. I am Foreign Market Development Program, sion be printed in the RECORD. very proud to cosponsor this bill that Market Promotion Program and the There being no objection, the letter will extend an extremely successful like are absolutely necessary if U.S. was ordered to be printed in the program. It is also my desire to lead Agriculture is to remain competitive RECORD, as follows: the efforts on the Senate Agriculture in the international marketplace. It is WASHINGTON WHEAT COMMISSION, Committee to include this bill as an also in the best interest of the agri- Spokane, WA, October 12, 1995. important provision of the trade title culture community specifically to au- Hon. SLADE GORTON, of the 1995 farm bill. thorize the FMD Cooperator Program. U.S. Senate, Hart Senate Office Building, The Cooperator Program is part of This kind of oversight will ensure that Washington, DC. the Foreign Market Development Pro- the agriculture community will con- DEAR SENATOR GORTON: Exports are the gram as currently administered by the tinue to receive the full benefits of this life blood of the Washington wheat industry. Foreign Agriculture Service of USDA. program. Approximately 85 percent of all Washing- ton’s wheat production finds it way into the The cooperators in Foreign Market De- Since 1955, U.S. agriculture exports have increased from $3 billion to $43.5 export market. Wheat is the number one ag- velopment Program are regarded by ricultural export commodity from our state, many as a cost-effective and successful billion in fiscal year 1994, and are pro- which results in a major contribution to our partnership that has expanded agri- jected to reach a record high of $51.1 state’s economy and a major supplier of em- culture exports. billion during fiscal year 1995. USDA ployment. Due to the importance of wheat Idaho wheat producers especially rely has stated that for each dollar of tax- exports, I would like to ask your support for on foreign market developments and payer money spent on the FMD, 7 dol- a continuation and strengthening of the For- the exports for their economic well- lars’ worth of exports are generated, eign Market Development Program (FMD) of being. In fact, Idaho’s wheat producers and this figure continues to grow. It is the USDA. collectively export between 75 and 80 now every day that we appropriate Currently the FMD program is adminis- percent of their production every year. Federal dollars and get a return on our tered by the Foreign Agricultural Service In 1994, the production, marketing and investment as large and as significant (FAS), USDA, and as Congress has already stated, ‘‘the FMD program, and the activi- exportation of Idaho’s wheat provided as we do with the FMD. ties of individual foreign market develop- over 30,000 jobs and $1.09 billion in eco- In lieu of the reduction or phaseout ment Cooperator organizations, have been nomic revenue in Idaho and the rest of of USDA’s commodity price support among the most successful and cost-effective the Pacific Northwest. programs, it seems only right to pro- means to expand United States’ agricultural The Cooperator Program Act of 1995 vide the agriculture community with exports.’’ will strengthen the foreign market de- the tools necessary to compete in the Unfortunately, in recent years the co- velopment efforts of the past by creat- international marketplace. As I travel operator program has fallen victim to the in- ing a separate line-item authorization around my State of Washington I listen tense competition within FAS for fewer and for future annual appropriations proc- closely to the comments, suggestions, fewer discretionary dollars. The FAS, with ess. and concerns from my State’s agri- direct responsibility over the operation and I commend Senator BURNS for his ef- culture community. funding of the program, has requested cuts forts to introduce this legislation and The message has been clear: in the program arguing that the ‘‘savings’’ Strengthen, maintain, and preserve the be used to fund certain FAS activities. For urge my colleagues to support the bill. this reason, we are asking that you support Mr. GORTON. Mr. President, today I tools necessary for us to export our a separate line item in the budget for the am pleased to join my colleagues Sen- products. In response to these com- FMD program. ators BURNS, CRAIG, GRASSLEY, MCCON- ments, I believe that this legislation is There is no question that the FMD pro- NELL, DASCHLE, HARKIN, and KERREY, the key to maintaining export pro- gram is one of the most successful joint gov- as an original cosponsor of the Co- grams important to so many in Wash- ernment-private funded activities in exist- operator Program Act of 1995. ington State and across the Nation. ence. It is time to give FMD some sunlight The Foreign Market Development I would also like to acknowledge the and expose it to the annual budgetary proc- [FMD] Cooperator Program has been overwhelming support we have re- ess. We welcome the opportunity to tell its administered by USDA’s Foreign Agri- ceived from the following State’s success stories during the budgetary debates, culture Service since 1954 without spe- wheat commissions. Washington, and, at the same time, protect it from the cific legislative authorization. Today Idaho, Oregon, Nebraska, Kentucky, predatory measures FAS has employed. FAS is currently arguing against a special line we are introducing legislation that will New Mexico, North Carolina, North Da- item for FMD stating that it will inhibit provide the necessary authorization to kota, South Dakota, Ohio, Arizona, Ar- flexibility in the program. The only flexibil- maintain, preserve, and strengthen the kansas, California, Colorado, Kansas, ity that will be hurt by this measure is that FMD Cooperator Program. The FMD Maryland, Minnesota, Nebraska, Okla- FAS will no longer have access to the funds. S 16506 CONGRESSIONAL RECORD — SENATE November 1, 1995 For the first few years on the new pro- that the Commission was able to oper- lessons of history leave me highly gram, we ask that you support a minimum ate in an environment completely de- skeptical that a spontaneous awaken- allocation of $40 million to the FMD pro- void of the pressures I have just de- ing is likely to occur here in Congress. gram. Thank you, in advance, for taking this scribed. Therefore, despite my own reserva- issue under consideration. If you have any By applying similar methods to ex- tions about passing along congres- questions or need clarification on any issue amine the programs and policies of the sional responsibilities to outside com- concerning the request, please do not hesi- entire Federal Government, Congress missions, I feel it is clearly time to in- tate to contact me. may be able to build on this record of stitute alternative solutions. The tax- Sincerely, success, saving even more for the tax- payers of this Nation do not deserve to JAMES R. WALESBY, payers of this nation. wait any longer for us to get this right. Chairman. The structure and operations of this For this reason, I think the most—or commission may seem quite familiar By Mr. MCCAIN (for himself, Mr. perhaps the least—we can expect from to those who followed the BRAC pro- THOMPSON, Mr. KERRY, Mr. this body is that we collectively recog- ceedings. Commissioners will be nomi- FEINGOLD, Mr. KENNEDY, and nize this problem, and employ a logical nated, appointed, and confirmed in the Mr. COATS): and fair technique to help us solve it. S. 1376. A bill to terminate unneces- same manner. They will begin their The Commission proposed by this legis- sary and inequitable Federal corporate work in January 1997 and report to the lation provides an expedient oppor- subsidies; to the Committee on Govern- President by July. The Commission tunity to institute positive, meaning- mental Affairs. will work closely with each Federal ful change. THE CORPORATE SUBSIDY REVIEW REFORM AND agency to identify programs and tax I am pleased and encouraged by the TERMINATION COMMISSION ACT OF 1995 provisions which are no longer nec- bipartisan cosponsorship of this bill, Mr. MCCAIN. Mr. President, the Fed- essary to serve the purpose for which and am hopeful that the divergence of eral Government operates numerous they were intended. They will also philosophies represented by this group programs which provide direct pay- identify programs which unduly benefit is an indication of wide support within ments, services and other benefits to a narrow corporate interest rather Congress for this measure. various sectors of private industry. than providing clear and convincing I urge all of my colleagues to exam- Some of these may serve a valuable public benefits. And, most importantly, ine this legislation, consider the cir- purpose. Others, however, have long they will operate as a nonpartisan, a- cumstances that have caused it to outlived their usefulness and have no political body—using only the guide- come about, and join myself and the place in a budget wherein we are ask- lines we will establish with this amend- cosponsors of this bill in giving life to ing Americans across the board to sac- ment—to guide their actions. a solution. I can see no rational reason By the summer of 1997, the Commis- rifice on behalf of deficit reduction. to oppose this bill, and more reasons sion will provide the President and Congress can no longer delay taking than we have time to present to sup- Congress recommendations for termi- action to correct this inequity. port it. nation or specific modification of pro- Recently, the CATO Institute and the Stand up for the American taxpayer, Progressive Policy Institute reported grams that satisfy these conditions. I would like to emphasize that this stand up for change, and stand in defi- that the Federal Government spends as ance of business as usual. much as $85 billion per year on pro- bill’s goals do not include increasing Mr. THOMPSON. Mr. President, the grams like these. The Progressive Pol- revenues or creating new taxes; the Corporate Subsidy Termination Com- icy Institute has identified an addi- Commission will simply formulate rec- mission Act which my colleagues and I tional $30 billion per year in inequi- ommendations to reform those pro- are introducing today will take us one table tax loopholes. Many here in Con- grams or policies that result in inequi- step further on the road to fairness in gress have identified still other sources table financial advantages for special Government. of waste. Together, these programs and interest groups. Every dollar spent on policies have rightfully earned the an unnecessary program or lost This Congress has done a thorough moniker ‘‘corporate pork.’’ through in inequitable tax loophole is and, I believe, admirable job of examin- Yet even when these programs have one more that is not available for ing thousands of items of Government been consistently determined to pro- much needed broad-based tax relief. spending. We have identified areas of vide little or no benefit to the tax- Congress’ role in this process will, spending which should be reformed be- payer, Congress has found it exceed- however, differ somewhat from that cause they don’t work as they should. ingly difficult to reduce or eliminate which it plays under BRAC. In this And we have identified those which them. case, enacting the Commission’s rec- should be terminated because their ex- Pressure to maintain the status quo ommendations may result in changes istence cannot be justified. Some can come in many forms: institutional to Federal statute. Therefore, the Con- areas, such as the Federal welfare pro- pressure to maintain that which is con- gress will be required to take positive gram, have been completely trans- sidered consistent with the interests of action; a vote to accept or reject pro- formed. In each case we have asked one party or another; political pressure posed changes in law—unlike BRAC several questions: Does this spending to maintain programs or policies that which was accepted as law by default promote a useful public purpose? if so, are favorable to particular constitu- through Congress’ inaction. Finally, in can Government afford it? Should the encies; and special interest pressure order to ensure that this stage of the effort and the money for it be trans- that may come to bear in a variety of process does not present opportunities ferred to the State or local level, where shapes and forms when a member or for parochial interests to influence the it is closer to those it is supposed to small group of members seeks to mod- process, disciplined and expedited pro- benefit? ify these programs. cedures, similar to those used for con- As part of this process we have exam- In order to override these elusive yet gressional consideration of the budget, ined some programs whose primary firmly entrenched political obstacles, will be utilized. beneficiaries are profitmaking enter- this amendment establishes a one- It is evident that Congress has as prises—businesses of all sizes. In sev- time, nonpartisan commission—styled much difficulty closing loopholes as it eral such cases we have made progress along the lines of the successful Base does closing unnecessary military on incremental reforms. For instance, Realignment and Closure Commission bases. I, like many of my colleagues, the Senate passed an amendment to re- [BRAC]—charged with reforming cor- have come to this floor on numerous strict the Marketing Promotion Pro- porate subsidies. occasions to offer arguments against gram through which $110 million is When all is said and done, the the type of waste generated by the pro- spent annually to underwrite advertis- BRAC’s work will yield billions of dol- grams this amendment seeks to elimi- ing by some of our largest corporations lars in savings by identifying the waste nate or reform. Like many of my col- in foreign countries. In addition, the in just one department. The American leagues, I have also been unsuccessful program under which the Government public will get to enjoy the fruit of in the vast majority of these efforts. leases mineral rights on public lands to BRAC’s labors largely due to the fact Regrettably, time, experience, and the private companies is being reformed to November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16507 allow the Government to charge fees tise, authority and stature necessary of the special constituencies that bene- more in line with real values. to do the job. fit from those subsidies. But these efforts and others that are Fourth, the commission’s rec- But, Mr. President, these subsidies ongoing are necessarily piecemeal. We ommendations will not be buried in the also continue to exist through simple can cut or restrict a corporate subsidy corner of a Federal agency or a con- inattention, and the Corporate Subsidy here, and leave another one untouched. gressional committee. While the Presi- Commission created by this legislation Last week, as part of an effort to dent and Congress will be able to will bring some needed scrutiny to sub- highlight the issue of Federal subsidies amend or reject the Commission’s rec- sidies that, though they may have had to profitmaking enterprises, a biparti- ommendations, they must address some merit once, are no longer justi- san group of colleagues and I proposed them. fied. ending 12 specific items of corporate Mr. President, we should require no Targeting unjustified corporate sub- pork. These items were chosen from less of profitmaking enterprises than sidies would be appropriate at any Federal spending programs which are we ask of all Americans. It is a matter time, but they are especially needed as characterized by some element of cor- of fairness and shared sacrifice. At a we try to balance the Federal books. porate subsidization. They affected time when the national debate is fo- We absolutely must subject these kinds areas including public resource man- cused on getting control of the budget, of corporate subsidies to tougher scru- agement, energy development, export now and in the future, we cannot afford tiny than we have before. promotion, local construction, utility to provide corporate subsidies which As with the spending we provide to loans, sale of public airwaves, tourism undermine our efforts and which send individuals, nonprofits, and State and promotion, defense construction, and the wrong message to American tax- local governments, if we are to elimi- aircraft design. They were only a sam- payers. nate the Federal budget deficit, we pling of all such programs—the Cato There being no objection, the mate- need to demand a higher level of jus- Institute recently identified 129 items rial was ordered to be printed in the tification for corporate programs. RECORD, as follows: characterized as corporate pork. Sen- There is no doubt that those of us ator MCCAIN offered this package as an CORPORATE SUBSIDY REVIEW, REFORM AND who have cosponsored this legislation TERMINATION COMMISSION amendment to the reconciliation bill, differ greatly on the total package of where it received the support of only a ‘‘The Termination Commission will do for Cor- porate Pork what BRAC did for military infra- spending cuts we would propose to bal- fourth of this Body. ance the Federal budget, as the rec- Clearly this problem needs to be at- structure; identify and terminate excess and waste!’’ onciliation legislation this body passed tacked in a different way. The eight-members of the Commission dramatically demonstrates. The bill we are introducing today would: be nominated by the President by But we are all united in suggesting also has bipartisan support. It estab- January 31; have six members nominated by that much more needs to be done in the lishes a Corporate Subsidy Termi- Congress; require Senate Confirmation for area of corporate subsidies. nation Commission which is charged their appointments; and identify programs with identifying programs or tax poli- or tax policies that provide unnecessary ben- This legislation continues the broad- cies which provide unnecessary bene- efits to for-profit enterprise, or serve the pe- er effort to reduce the deficit that I fits or inequitable tax advantages to cuniary interests of an enterprise but do not have made, and which began with an provide a public benefit, or; provide inequi- 82+ point plan to reduce the deficit I of- profitmaking enterprises. The Commis- table tax advantages to for-profit enterprise. sion is fashioned after the BRAC Com- fered during my campaign for the U.S. Federal Agencies would: Submit a list of Senate in 1992. mission, with expedited legislation pro- programs which meet ‘‘corporate pork’’ defi- cedures similar to those provided for nitional criteria no later than their budget Many of the provisions of that plan the Congressional Budget Resolution. I request in January 1997; and submit rec- eliminated or reduced corporate sub- ask unanimous consent that an over- ommendations to the commission for termi- sidies that are no longer justified, in- view of this Corporate Subsidy Termi- nation or reform of such programs. cluding both direct appropriations and Commission would: Review the agencies’ tax expenditures. nation Commission be printed in the recommendations, perform their own analy- RECORD. Mr. President, I am particularly sis; receive Comptroller General’s analysis pleased that the Commission’s mission Why establish a Commission and a April 15, 1997; and submit a comprehensive new process to do what we could con- reform proposal to the President by July 1, will include the review of tax expendi- ceivably do directly? 1997. tures. They are a significant and grow- First, and most important, this Com- President would: Have 15 days to review ing portion of the Federal budget. In a mission will do what we cannot do the Commission’s recommendations; have June, 1994 report, the General Account- well: make an overall assessment of all the ability to suggest changes to the Com- ing Office, using data from the Joint mission’s package; and forward the package programs, on both the spending and Committee on Taxation, stated that directly if there are no changes. spending for tax expenditures totaled revenue sides, at one time. Over the Commission would: Have until August 15 years we have created an intricate, to act upon the President’s proposed about $400 billion in 1993. interwoven system of subsidies, taxes changes; and have until August 15 to reject As that report notes, spending done and exemptions. As a rural Tennessee the President’s changes. through tax expenditures moves imme- utility which would be affected by the President: Must forward Commission’s re- diately to the front of the budget line. spending cuts we proposed last week vised proposal to Congress by September 1. Tax expenditures are, in effect, funded Failure to do so terminates the entire proc- before the Federal Government pays pointed out to me, they are competing ess. against other energy providers who re- Congress will: Have 20 days for Committee for a single school lunch or an aircraft ceive subsidies in the form of tax review in both Houses; follow Budget Act ex- carrier because, under our budget proc- breaks. pedited procedures; and have limited debate ess, tax expenditures must be funded as Second, our experience last week and amendments. they are created, and with the excep- demonstrated that voting hit or miss Mr. FEINGOLD. Mr. President, I am tion of a few that must be reauthor- on individual items is not going to be pleased to join with my friend, the sen- ized, they can grow in the absence of successful. One person’s pork is an- ior Senator from Arizona [Mr. MCCAIN] Congressional oversight. other’s prize. And no one wants to give in introducing this legislation. This is Mr. President, some current tax ex- up their prize program if there isn’t the most recent of several bipartisan penditures are certainly justified. How- shared sacrifice. With the commission reform efforts in which I have joined ever, the system of tax expenditures it- approach, we will know that all pro- with Senator MCCAIN. self lacks appropriate review and con- grams have been examined and those In many ways, this measure focuses trol mechanisms, and many individual which provide unjustified subsidies on the downstream results of the other expenditures are unjustified. have been exposed. problems on which we have worked. The result is a loss of overall eco- Third, the members of the Commis- Unjustified corporate subsidies, nomic efficiency for the Nation’s econ- sion will be appointed specifically for through direct appropriation or omy, and scarce budget resources at a this purpose by the President and the through the Tax Code, continue to time when we are trying to balance the Congress. They will possess the exper- prosper in part because of the influence Federal books. S 16508 CONGRESSIONAL RECORD — SENATE November 1, 1995

This Commission can provide needed tect agriculture. This problem is exac- [Mr. ASHCROFT], the Senator from Iowa review of inefficient and expensive cor- erbated by the Federal sugar program. [Mr. GRASSLEY], and the Senator from porate subsidies, requiring Congress to Failure to act will doom the Ever- Mississippi [Mr. LOTT] were added as examine this spending in a timely glades to accelerated deterioration, a cosponsors of S. 284, a bill to restore manner. tragic and totally unacceptable fate. the term of patents, and for other pur- Mr. President, I urge my colleagues poses. By Mr. LUGAR: to support this bill to restore the Ever- S. 356 S. 1377. A bill to provide authority glades and to bring assurances to At the request of Mr. SHELBY, the for the assessment of cane sugar pro- homeowners in Florida, to bring assur- name of the Senator from Virginia [Mr. duced in the Everglades agricultural ances to those who fear the end of the WARNER] was added as a cosponsor of S. area of Florida, and for other purposes; coral in the Keys, who are disturbed by 356, a bill to amend title 4, United to the Committee on Agriculture, Nu- the algae in the Florida Bay, and who, States Code, to declare English as the trition, and Forestry. in fact, appreciate that a fine balance official language of the Government of CANE SUGAR LEGISLATION is created here between benefits given the United States. Mr. LUGAR. Mr. President, I am in- to the sugar producers and an assess- S. 607 troducing legislation today to establish ment that will make all the difference At the request of Mr. WARNER, the an Everglades restoration fund. The in the restoration of the Everglades. name of the Senator from South Caro- Everglades restoration fund would be Mr. President, I ask unanimous con- lina [Mr. THURMOND] was added as a co- financed by a 2-cent-per-pound assess- sent that the text of the bill be printed sponsor of S. 607, a bill to amend the ment on all cane sugar produced in the in the RECORD. Comprehensive Environmental Re- Everglades agricultural area, Florida. There being no objection, the bill was sponse, Compensation, and Liability It is estimated that a 2-cents-per-pound ordered to be printed in the RECORD, as Act of 1980 to clarify the liability of assessment would produce revenues of follows: certain recycling transactions, and for $70 million per year or approximately S. 1377 other purposes. $350 million over a 5-year period. These Be it enacted by the Senate and House of Rep- S. 881 funds will be used for land acquisition resentatives of the United States of America in in the Everglades agricultural area. Congress assembled, At the request of Mr. GRASSLEY, the An Everglades restoration plan has SEC. 1 EVERGLADES AGRICULTURAL AREA. name of the Senator from Vermont been devised in cooperation with the Section 206 of the Agricultural Act of 1949 [Mr. JEFFORDS] was added as a cospon- Corps of Engineers and the South Flor- (7 U.S.C. 1446g) is amended— sor of S. 881, a bill to amend the Inter- ida Water Management District. This (a) in subsection (i)— nal Revenue Code of 1986 to clarify pro- plan calls for 131,000 acres of land with- (1) in paragraph (1)— visions relating to church pension ben- (A) by redesignating subparagraph (B) as in the southern Everglades agricultural efit plans, to modify certain provisions (C); relating to participants in such plans, area to be acquired at an estimated (B) in subparagraph (A) by striking ‘‘and’’ cost of $355 million, assuming an acre after the semicolon; and to reduce the complexity of and to cost of $2,700 per acre. (C) by inserting ‘‘and’’ after the semicolon bring workable consistency to the ap- I believe this plan is fair to Florida in subparagraph (B); and plicable rules, to promote retirement sugar producers. Because of the Fed- (D) by inserting a new subparagraph (C) savings and benefits, and for other pur- eral sugar program, sugar prices in that reads as follows: poses. ‘‘(C) in the case of marketings from pro- Florida are higher than they otherwise S. 1200 duction from the Everglades Agricultural would be. Area of Florida as determined by the Sec- At the request of Ms. SNOWE, the The sugar growers in the Everglades retary, in addition to assessments under sub- name of the Senator from Connecticut agricultural area are also beneficiaries paragraph B, the sum of 2 cents per pound of [Mr. DODD] was added as a cosponsor of of federally subsidized water projects raw cane sugar for each of the 1996 through S. 1200, a bill to establish and imple- which created agricultural lands in the 2000 fiscal years;’’ ment efforts to eliminate restrictions Everglades agricultural area and which (b) redesignating subsection (j) as sub- on the enclaved people of Cyprus. section (k); and pump waters in and out of these lands S. 1316 as needed for sugar production. It is (c) by inserting a new subsection (j) that reads as follows: At the request of Mr. KEMPTHORNE, reasonable for these beneficiaries to ‘‘(j) EVERGLADES AGRICULTURAL AREA AC- the name of the Senator from South help restore the unique ecosystem that COUNT— Carolina [Mr. THURMOND] was added as these projects have degraded. (1) IN GENERAL.— a cosponsor of S. 1316, A bill to reau- I am aware of the fact that the State ‘‘(A) ACCOUNT.—The Secretary shall estab- thorize and amend title XIV of the of Florida has enacted the Everglades lish an Everglades Agricultural Area Ac- Public Health Service Act (commonly Forever Act, which imposes a tax of $25 count as an account of the Commodity Cred- known as the Safe Drinking Water it Corporation.’’ to $35 per acre over 20 years to raise a Act), and for other purposes. total of $322 million to improve water ‘‘(B) AREA.—The Secretary shall determine the extent of the Everglades Agricultural SENATE CONCURRENT RESOLUTION 11 quality. Area of Florida for the purposes of sub- At the request of Ms. SNOWE, the Sugar producers have also agreed to section (i)(1)(C) and subparagraph (C).’’ name of the Senator from Delaware take other steps designed to improve ‘‘(C) COMMODITY CREDIT CORPORATION.—The [Mr. BIDEN] was added as a cosponsor of water quality. These steps include funds collected from the assessment provided Senate Concurrent Resolution 11, A in subsection (i)(1)(C) shall be paid into the compliance with phosphorous discharge concurrent resolution supporting a res- standards and the creation of Everglades Agricultural Area Account of the Commodity Credit Corporation, and shall be olution to the long-standing dispute re- stormwater treatment areas to help fil- garding Cyprus. ter phosphorous discharges and for available until expended.’’ ‘‘(D) PURPOSES.—The Secretary is author- SENATE RESOLUTION 146 other purposes. However, these meas- ized and directed to transfer funds from the ures are primarily related to improving At the request of Mr. JOHNSTON, the Everglades Agricultural Area Account to the names of the Senator from Michigan water quality in the Everglades. My South Florida Water Management District proposal is designed to restore the eco- or other appropriate public entities for the [Mr. LEVIN], the Senator from South system to a natural condition with re- purpose of purchasing agricultural lands in Dakota [Mr. PRESSLER], and the Sen- gard to water flows. the Everglades Agricultural Area of Florida ator from Washington [Mrs. MURRAY] No more important or complex eco- and for other related purposes.’’ were added as cosponsors of Senate system in need of restoration exists in f Resolution 146, A resolution designat- our Nation than the Everglades in ing the week beginning November 19, ADDITIONAL COSPONSORS south Florida. It is a troubled system, 1995, and the week beginning on No- on the brink of collapse, largely caused S. 284 vember 24, 1996, as ‘‘National Family by federally supported drainage con- At the request of Mr. DOLE, the Week,’’ and for other purposes. struction designed to promote and pro- names of the Senator from Missouri November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16509 SENATE RESOLUTION 191—NA- AMENDMENTS SUBMITTED cerns’’ on Wednesday, November 8, TIONAL AMERICAN INDIAN HER- 1995, at 2 p.m., in room 2123 Rayburn ITAGE MONTH House Office Building. THE FOREIGN OPERATIONS, EX- For further information, please con- Mr. MCCAIN (for himself, Mr. BAU- PORT FINANCING, AND RELATED tact Keith Cole at 224-5175. CUS, Mr. BENNETT, Mr. BINGAMAN, Mr. PROGRAMS APPROPRIATIONS f BRADLEY, Mr. BREAUX, Mr. BROWN, Mr. ACT, 1996 MIDDLE EAST PEACE BRYAN, Mr. BURNS, Mr. CAMPBELL, Mr. FACILIATION ACT OF 1995 AUTHORITY FOR COMMITTEES TO CHAFEE, Mr. COCHRAN, Mr. COHEN, Mr. MEET CONRAD, Mr. CRAIG, Mr. D’AMATO, Mr. LEAHY (AND OTHERS) COMMITTEE ON COMMERCE, SCIENCE, AND DASCHLE, Mr. DODD, Mr. DOMENICI, Mr. AMENDMENT NO. 3041 TRANSPORTATION DORGAN, Mr. EXON, Mr. FAIRCLOTH, Mr. Mr. LOTT. Mr. President, I ask unan- Mr. LEAHY (for himself, Mrs. KASSE- FEINGOLD, Mrs. FEINSTEIN, Mr. GORTON, imous consent that the Committee on BAUM, Mr. FEINGOLD, MS. SNOWE, Mr. Mr. GRAHAM, Mr. HATCH, Mr. INHOFE, Commerce, Science, and Transpor- SIMPSON, Ms. MIKULSKI, and Mr. HAT- Mr. INOUYE, Mr. JEFFORDS, Mrs. KASSE- tation be allowed to meet during the FIELD) proposed an amendment to the BAUM, Mr. KEMPTHORNE, Mr. KENNEDY, Wednesday, November 1, 1995, session bill (H.R. 1868) making appropriations Mr. KERRY, Mr. LAUTENBERG, Mr. of the Senate for the purpose of con- for foreign operations, export financ- LEVIN, Mr. LIEBERMAN, Ms. MIKULSKI, ducting a hearing on S. 1356, the Ocean ing, and related programs for the fiscal Ms. MOSELEY-BRAUN, Mrs. MURRAY, Mr. Shipping Reform Act of 1995. year ending September 30, 1996, and for NICKLES, Mr. PELL, Mr. PRESSLER, Mr. other purposes; as follows: The PRESIDING OFFICER. Without REID, Mr. SARBANES, Mr. SIMON, Mr. objection, it is so ordered. In lieu of the matter proposed, insert the SIMPSON, Mr. SPECTER, Mr. STEVENS, following: ‘‘; Provided, That in determining COMMITTEE ON THE JUDICIARY Mr. THOMAS, Mr. THURMOND, and Mr. eligibility for assistance from funds appro- Mr. LOTT. Mr. President, I ask unan- WELLSTONE) submitted the following priated to carry out section 104 of the For- imous consent that the Committee on resolution; which was considered and eign Assistance Act of 1961, nongovern- the Judiciary be authorized to meet agreed to: mental and multilateral organizations shall during the session of the Senate on No- not be subjected to requirements more re- vember 1, 1995, at 10 a.m. to hold a S. RES. 191 strictive than the requirements applicable to foreign governments for such assistance: Pro- hearing on ‘‘The Aftermath of Waco: Whereas American Indians were the origi- vided further, That none of the funds made Changes in Federal Law Enforcement.’’ nal inhabitants of the land that now con- available under this Act may be used to The PRESIDING OFFICER. Without stitutes the United States of America; lobby for or against abortion.’’ objection, it is so ordered. Whereas American Indian governments de- SELECT COMMITTEE ON INTELLIGENCE veloped the fundamental principles of free- MCCAIN (AND KERRY) Mr. LOTT. Mr. President, I ask unan- dom of speech and separation of powers in AMENDMENT NO. 3042 government, and these principles form the imous consent that the Select Commit- foundation of the United States Government Mr. MCCAIN (for himself and Mr. tee on Intelligence be authorized to today; KERRY) proposed an amendment to the meet during the session of the Senate bill H.R. 1868, supra; as follows: on Wednesday, November 1, 1995, at 2 Whereas American Indian societies have p.m. to hold a closed hearing on intel- exhibited a respect for the finiteness of natu- At the end of the pending amendment add the following: ral resources through deep respect for the ligence matters. SEC. . Notwithstanding any other provi- earth, and these values continue to be widely The PRESIDING OFFICER. Without sion of this Act, funds made available in this objection, it is so ordered. held today; Act may be used for international narcotics Whereas American Indian people have control assistance under chapter 8 of part I SUBCOMMITTEE ON CLEAR AIR, WETLANDS, served with valor in all wars from the Revo- of the Foreign Assistance Act of 1961, or crop PRIVATE PROPERTY, NUCLEAR SAFETY lutionary War to the conflict in the Persian substitution assistance, directly for the Gov- Mr. LOTT. Mr. President. I ask unan- Gulf, often in a percentage well above the ernment of Buma if the Secretary of State imous consent that the Subcommittee percentage of American Indians in the popu- certifies to the appropriate congressional on Clean Air, Wetlands, Private Prop- lation of the United States as a whole; committees that any such programs are fully erty, and Nuclear Safety be granted consistent with the United States human permission to conduct a hearing Whereas American Indians have made dis- rights concerns in Burma and serve a vital tinct and important contributions to Amer- United States national interest. The Presi- Wednesday, November 1, at 9:30 a.m., ica and the rest of the world in many fields, dent shall include in each annual Inter- hearing room (SD–406) on S. 851, the including agriculture, medicine, music, lan- national Narcotics Control Strategy Report Wetlands Regulatory Reform Act of guage, and art; submitted under section 489(a) of the Foreign 1995. Whereas American Indians deserve to be Assistance Act of 1961 (22 U.S.C. 2291h(a)) a The PRESIDING OFFICER. Without recognized for their individual contributions description of the programs funded under objection, it is so ordered. this section. to American society as artists, sculptors, SUBCOMMITTEE ON INVESTIGATIONS f musicians, authors, poets, artisans, sci- Mr. LOTT. Mr. President. I ask unan- entists, and scholars; NOTICES OF HEARINGS imous consent that the Permanent Whereas a resolution and proclamation as Subcommittee on Investigations of the requested in this resolution will encourage SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT AND THE DISTRICT OF COLUMBIA Committee on Governmental Affairs, self-esteem, pride, and self-awareness in be authorized to meet during the ses- American Indians of all ages; and Mr. COHEN, Mr. President, I wish to announce that the Subcommittee on sion of the Senate on Wednesday, No- Whereas November is traditionally the Oversight of Government Management vember 1, 1995, to hold hearings on month when American Indians have har- ‘‘Global Proliferation of Weapons of vested their crops and is generally a time of and the District of Columbia, Commit- tee on Governmental Affairs, will hold Mass Destruction.’’ celebration and giving thanks: Now, there- The PRESIDING OFFICER. Without fore, be it a hearing on Wednesday, November 8, 1995, at 9:30 a.m., in room 342 of the objection, it is so ordered. Resolved, That the Senate designates No- vember 1995 as ‘‘National American Indian Dirksen Senate Office Building, on f ‘‘Oversight of Courthouse Construction Heritage Month’’ and requests that the ADDITIONAL STATEMENTS President issue a proclamation calling on Program.’’ Federal, State, and local governments, inter- COMMITTEE ON SMALL BUSINESS ested groups and organizations, and the peo- Mr. BOND. Mr. President, I wish to ple of the United States to observe the announce that the Senate Committee RETURNING POWER TO THE month with appropriate programs, cere- on Small Business will hold a joint STATES monies, and activities. hearing with the House Committee on ∑ Mr. MCCAIN. Mr. President, as we are Small Business regarding ‘‘Railroad about to debate the appointment of Consolidation: Small Business Con- conferees to the reconciliation bill, I S 16510 CONGRESSIONAL RECORD — SENATE November 1, 1995 wanted to take this opportunity to ad- portant community project. He re- tled labor law in labor’s favor, was plainly an dress a relevant issue. Last Friday, the cently donated the entire amount— effort to propitiate a constituency that Senate passed landmark legislation to about $88,000—to a fund created to couldn’t get its way through normal proce- balance the budget within 7 years, and raise money for the construction of a dures. The resisting Senate Republicans think that in issuing the order, the president to restore power and trust in State and local community swimming pool. was trying to snatch what ought to be re- local government. In addition to his many accomplish- garded as a legislative prerogative, and they During consideration of that legisla- ments as port commissioner, Mr. are determined to take it back. If not on the tion, Senator GRAMM offered an amend- Zuanich has served as president of a current appropriations bill, you can expect ment regarding whether the Federal variety of groups, including the board them to do it on some other. In the long run Government would dictate to States of directors of the Purse Seine Vessels the law seems unlikely to be changed; this is that they provide health care to chil- Association, the executive board of the more a fight over symbols, the president who dren and pregnant women. Commercial Fisherman’s Inter-Insur- frustrated organized labor on other issues I raise this issue because I am certain over the last two years trying now to look on ance Agency, the Bellingham Jaycees, the cheap like its friend. that this amendment and the vote will and the Washington Public Ports Asso- The executive order would bar large fed- be subject to gross ciation. mischaracterization. The amendment, eral contractors from hiring permanent re- I admire the foresight Mr. Zuanich placements when workers strike over eco- Mr. President, was not about whether exhibited in his early involvement with nomic issues. That’s the rule that labor had poor children and pregnant women the recycling industry. During the tried and failed to get Congress to apply to should receive health care services. We 1950’s, he founded the first waste paper all employers. The unions argue that the ban all agree that they should, as I’m quite recycling facility in western Canada. has become necessary to protect what they certain does every Governor in this His activism in this area has contin- depict as a threatened right to strike. But it country. ued, through the establishment of recy- isn’t because of labor law that unions have lost membership and clout in recent years. The vote was about whether Con- cling centers throughout our commu- gress, in its arrogance, is going to as- Rather, it’s because, in part by virtue of nity, and I want to thank him for his their own past actions, they find themselves sume that Governors and State offi- efforts in this area. in an increasingly weak competitive position cials cannot be depended upon to pro- He has been recognized in these pro- in a world economy. The insulating change tect their own constituents and, unless fessional and community involvements they seek in labor law would be much more compelled to be compassionate by Con- in many ways, winning the Bellingham likely over time to make that problem worse gress, they would most certainly aban- Jaycees’ Man of the Year Award, re- than to make it better. don the neediest in their States. ceiving the Master Mariner Award of The law is contradictory. The National Mr. President, I categorically reject the Propeller Club, accepting a Legis- labor Relations Act says strikers can’t be that Governors and State legislators lative Citation in 1993 from the Alaska fired; the Supreme Court has nonetheless care less about their people than Con- ruled that they can be permanently replaced. State Legislature, and receiving a ‘‘Ci- The contradiction may be healthy. By leav- gress. That is why I voted for the tation of Merit’’ award from the Wash- Gramm amendment. We are returning ing labor and management both at risk, the ington Parks and Recreation Associa- law gives each an incentive to agree. For power to the States because, to the tion. most of modern labor history, management detriment of our Nation, we have slow- Born in Bellingham, WA in 1916, he in fact has made little use of the replace- ly abandoned Jefferson’s time honored has worked tirelessly to promote the ment power, and labor hasn’t much protested axiom that the Government closest to development of our community. Fol- it. the people governs best. lowing his retirement, Mr. Zuanich will The unions say that now that’s changed. In devolving power back to the have more time to spend with his fam- The replacement power has been used in a States as we rightfully should, we must ily, including his wife Marie and two number of celebrated cases in recent years, also devolve our trust. Members of and labor is doubtless right that in some of sons, Robert and Peter, Jr. these cases it wasn’t used as a last resort, Congress are not morally superior I am proud to salute the leadership beings to State and local officials and but as a union-breaking device from the be- and dedication Mr. Zuanich has dem- ginning. The problem is that situations also it is time we stopped presuming that onstrated throughout his life. Al- arise when strikers by their behavior forfeit we are.∑ though he will be retiring on December the right of return and ought to be perma- f 31, I am certain his record of selfless nently replaced. This newspaper faced such a situation in dealing with one of its own TRIBUTE TO PETER ZUANICH, RE- service will continue far into the years ahead. His hard work and philanthropy unions in the 1970s. A ban on the hiring of TIRING PORT OF BELLINGHAM permanent replacements goes too far. Rather COMMISSIONER truly make him a role model for all. than restore some lost balance in labor law, Mr. Zuanich, please accept my best as its supporters suggest, it would throw the ∑ Mrs. MURRAY. Mr. President, it is wishes as you enter not only the con- with great pleasure that I rise today to law out of balance and in the long run likely clusion of one of your careers, but the do great economic harm. Maybe there are pay tribute to Peter Zuanich, a man beginning of a new chapter of your some modest changes that can usefully be who has devoted 43 years of his life to life.∑ made in current law. But the president’s serving as an elected commissioner of order ought to be reversed. He should find f the Port of Bellingham, in my home some other way to pose as labor’s cham- State of Washington. His record of pub- STRIKER REPLACEMENT ISSUE pion.∑ lic service extends beyond his work as ∑ Mr. NICKLES. Mr. President, I ask f port commissioner; he has dedicated that the March 13, 1995, editorial from time and resources to building our the Washington Post regarding Presi- ZORA KRAMER BROWN’S community in so many other capac- dent Clinton’s Executive order prohib- ENERGETIC EXAMPLE ities. During his tenure in this post, he has iting the use of permanent replacement ∑ Mr. HOLLINGS. Mr. President, I rise cultivated economic and trade rela- workers during an economic strike if today to highlight the accomplish- tions both domestically and inter- you do any business with the Federal ments of a Washington, DC, activist nationally. In particular, he has fos- Government be printed in the RECORD. whom we should all emulate. If each tered economic relations between the The editorial follows: American had 1 ounce of the intense states of Washington and Alaska. [From the Washington Post, Mar. 13, 1995] commitment that Zora Kramer Brown Under his leadership, the port was suc- THE STRIKER REPLACEMENT ISSUE brings to her mission of seeking real cessful in its bid to become the south- President Clinton and the filibustering solutions to breast cancer, we would ern ferry terminus for the Alaska Ma- Senate Democrats are wrong on the striker live in a stronger America. rine Highway System. replacement issue. The Senate Republicans Zora Brown, a native of Oklahoma Throughout his entire career as com- are right, and we hope a couple of Democrats City, OK, is founder and chairperson of can sooner or later be persuaded to switch missioner, Mr. Zuanich did not spend sides. Then the filibuster can be broken. Cancer Awareness Program Services any of the earnings he received. In- The president has no particular history of [CAPS] and the Breast Cancer Re- stead, he invested them, believing they commitment on this issue. The executive source Committee, both located in should eventually be spent on an im- order he signed, disturbing and tilting set- Washington, DC. With CAPS, which November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16511 was organized in 1992, Ms. Brown start- Cohen—baker, husband, father of three century with the Cohens. Grandfathers knew ed a comprehensive program to build children—died late Monday. He was 86. grandfathers, fathers knew fathers, some cancer awareness and education efforts Reuben ‘‘Ruby’’ Cohen is survived by his know sons. among women. Three years earlier, she wife of 58 years, Clara; two sons, William and A lover of jazz, Cohen was known in his Robert; a daughter, Marlene Beckwith; and younger years as a sharp dresser who would started the Breast Cancer Resource seven grandchildren. dance the night away at the old Chateau Committee to cut breast cancer mor- Those who knew Ruby Cohen agree that he ballroom, now the site of a renovation tality rates in half among African- died the way he would have wanted: He was project across from City Hall. Though not a Americans by the year 2000. found at 9:45 p.m. by a worker at his store, large man, he could be fearless—he once Ms. Brown also has been appointed to The Bangor Rye Bread Co., where he had decked a man who later became a bodyguard the National Cancer Advisory Board of been making the next day’s batch of rolls for a California mobster. the National Cancer Institute. Last and bagels. It was at a dance hall that he met Clara, To many, Cohen is known best as the fa- then a 16-year-old Irish girl. They courted, year in my hometown, she brought ther of Bill, now the state’s senior U.S. sen- unbounded energy to Charleston as she and then married in 1937—not a small thing ator. But as proud as he was of his eldest son for a Jewish man in those days. emceed the First Annual Race for the and all of his children, Cohen enjoyed a rep- ‘‘I guess he wasn’t too much concerned Cure. More importantly, she now is a utation of his own as a man of ornery inde- about what anyone thought about it,’’ Sen. member of the board of the Hollings pendence, who wasn’t above a little mischief Cohen said. Cancer Center at the Medical Univer- every now and then. To Cohen, life was about devotion to work, In 1974, when the U.S. House of Representa- sity of South Carolina where her lead- family and friends. tives was deciding whether to impeach Presi- ership and enthusiasm is contagious. For years, he and Clara would eat dinner at dent Nixon for his Watergate shenanigans, different restaurants with Abe and Frieda On October 27, 1995, McDonald’s rec- the press followed then-Rep. William Cohen Miller, his childhood friends. ognized Ms. Brown’s efforts in a large to Maine, dogging him about how he would ad featuring ‘‘Portraits of the City.’’ vote. Like his own son, Bobby, Ruby followed in Her story of hard work and zeal shows The young congressman shrugged off the his father’s flour-dusted footsteps. Born Jan. how one person can make a difference questions with ‘‘no comment.’’ Then, from 8, 1909, in New York City, Ruby was essen- tially raised in Bangor, where his father, in improving the lives of Americans. the rear of the pack, came a gravelly voice. ‘‘Billy says he’s guilty as hell!’’ who emigrated from Russia, owned a bakery. She is most deserving of this honor and As with Bangor Rye Bread, the New York the dozens of others that have been be- It was Ruby Cohen. He was a throwback to the days of smoky Model Bakery was a family affair, where ev- stowed on her. pool halls, Saturday night fights and dollar eryone chipped in to bake bread in an old, Mr. President, we need more Zora haircuts, when Bangor was a cauldron of eth- coal-fired oven. Browns across the Nation. I hope as nic neighborhoods and when friends were ‘‘It’s a family of hard workers,’’ Frieda Americans recognize how successful friends for life. Like many men of his gen- Miller said. Zora has been, we all will be motivated eration, Cohen was held in awe by those who Cohen expected the same of his own chil- to follow in her footsteps.∑ watched him work 18 hours a day, six days a dren. week, for nearly 70 years. Bobby still works at the store, Marlene is f Hunched over and with hands like shoe married to another baker, and Bill is known REUBEN COHEN leather at the end of his beefy baker’s fore- to lend a hand when he’s in town from Wash- arms, Cohen would start his day as everyone ington. ∑ Ms. SNOWE. Mr. President, last week else’s was ending. ‘‘Billy works here once in a while . . . I submitted for the RECORD my per- Work would begin around 8:30 p.m., when when he’s campaigning,’’ Ruby once joked. sonal statement concerning Reuben he would prepare the dough for the bulkie Sen. Cohen often tells of scoring 43 points Cohen—the father of my friend and col- rolls, rye bread, French bread, Italian sand- in a high school basketball game at Bangor league from Maine, Senator BILL wich rolls, and bagels. Surrounded by 100- Auditorium. Expecting praise from his fa- pound sacks of flour, sugar and corn meal, he COHEN—who passed away in Bangor, ther, Ruby instead replied, ‘‘If you hadn’t would work quietly through the night, guid- ME, earlier this month. missed those two foul shots, you’d’ve had ed by recipes long ago committed to mem- 45!’’ Today, I would like to submit for the ory. Over the years, the Cohen bakeries could RECORD several items that appeared in Early the next morning, he would pile be found on Essex Street and then on Han- the Bangor Daily News following overflowing paper grocery bags into the back cock, not far from the current location. Ruby’s death. of his battered station wagon and head out Through it all—the Depression, World War The first is an article about Ruby’s on his rounds. He would shuffle into a cli- II, urban renewal, generations come and life that appeared 2 days after his ent’s store or restaurant, drop off his goods, gone—Cohen was a fixture in the Queen City. death. occasionally sit down for a quick cup of pip- ‘‘I was bred on his bread,’’ Bangor res- The second is an editorial that pays ing-hot coffee, and then be on his way. taurateur Sonny Miller said Tuesday. ‘‘Ruby ‘‘I guess you could say he worked to live tribute to Ruby’s well-known and ad- was just one of a kind—just a real fine gen- and lived to work,’’ Sen. Cohen said Tuesday tleman.’’ mired work ethic. after flying home from Washington, D.C. ‘‘He And the third is an article about fu- At his father’s 80th birthday party in 1989, wanted to work until he died, and he did.’’ Sen. Cohen arranged for video messages from neral services that were held in Bangor With little prodding, Cohen could be lured President Reagan and President-elect George which contains many appropriate into conversation, treating everyone to his Bush, among other dignitaries. As much as statements from family and friends unhesitating opinions on everything from he appreciated the attention, Cohen was a about this remarkable man. the big bang theory to Celtics basketball to man who thought as little of pretension and I believe these items remember Ruby Workers’ Compensation. ego as he did of frozen bagels. Despite the ravages of age and occasional ‘‘If you come out to Los Angeles and see as he was—someone who brought a lot illness, Cohen could never be kept from his the Dodgers,’’ manager Tommy Lasorda said of life into his community, and a lot of work. in a telephone call that day, ‘‘I’d like to love into his family: In April 1979, a train derailed near Cohen’s meet you.’’ The material follows: shop on Hancock Street, leading police to ‘‘I hope you can,’’ Cohen replied. [From the Bangor Daily News, Oct. 11, 1995] block off the neighborhood. Cohen somehow If Cohen’s work ethic and wit were the RUBY COHEN DIES IN BANGOR was able to sneak in, grab some rolls, and head out as always. stuff of reputation, his driving habits were SENATOR’S FATHER RAN LOCAL BAKERY FOR When his son was sworn into the U.S. Sen- legend. NEARLY 70 YEARS ate, Cohen grudgingly flew down to Washing- ‘‘There’s an old Bangor saying that you (By John Ripley) ton, watched the ceremony, then returned to don’t know Ruby Cohen until he hits your BANGOR.—A few years ago, Oklahoma Sen. work. car,’’ U.S. Sen. Olympia Snowe once joked. David Boren needed to talk with Maine Sen. ‘‘That’s the only time he ever went down,’’ Cohen himself once told of being stopped William Cohen, his colleague on the Intel- Sen. Cohen said. by a Bangor police officer, who didn’t know ligence Committee who was home in Bangor. Even on Tuesday, as family and friends that the baker’s old Ford station wagon So he called Reuben Cohen, the senator’s fa- grieved Cohen’s passing, the rolls and breads could be found traveling the city streets at ther. were delivered. all hours of night and day. ‘‘Well, if you’re chairman of the Intel- ‘‘When you think of Bangor, you think of Suspecting that Cohen might have been ligence Committee,’’ Cohen barked into the the standpipe, the Paul Bunyan statue, and drinking, the cop asked the octogenarian to telephone, ‘‘you should be able to find him Ruby Cohen,’’ said U.S. Rep. John Baldaccis, recite the alphabet. Cohen did—backward. yourself.’’ a lifelong friend. Only in recent months, as his health began And he hung up. The Baldaccis, as with a handful of other to slip, did Cohen relent and allow someone The story is vintage Cohen. families in town, go back more than half a else to drive on the morning rounds. S 16512 CONGRESSIONAL RECORD — SENATE November 1, 1995 With their father’s passing, Bobby and the His work ethic was legendary—18 hours a I can only believe that the kind of others hope to follow tradition and keep the day, six days a week, for nearly 70 years. growth and success many of its mem- bakery open, Sen. Cohen said. When his son and fellow baker, Bobby, fi- bers have witnessed is a testament to But Bangor, he said, has tasted the last of nally decided to take a vacation after 30 the solid and unshakable faith of Mr. Ruby Cohen’s rye bread. years at Bangor Rye, Cohen asked, ‘‘What’s ‘‘That was something that went with him.’’ he going to do with a week off?’’ Sen. Cohen and Mrs. Alonzo Johnson who are recalled. known as The Founding Family and all RUBY COHEN But as the world about him whizzed by, those who followed in the belief of For the high and mighty, the most dan- Ruby Cohen kept true to his core; he was, their mission which is to provide the gerous man in Bangor was the baker at the Sen Cohen said, a man who knew no envy. community with spiritual guidance. wheel of the station wagon. ‘‘He was an innocent in a world grown self- Making morning rounds with rolls and rye ish and cynical,’’ Sen. Cohen said in a eulogy I thank Dr. Sampson, his prede- loaves, Ruby Cohen could cut to the core on marked by moving poetry and knee-slapping cessors, his ministers, and all those issues and people, and often did. His insight, Rubyisms. who have accepted the challenge of like his skill at the oven, was sharpened by At times, Sen. Cohen pointed out, his fa- providing guidance and spiritual edu- constant use. ther sometimes showed a knack for being a cation to this community by establish- There is a fearlessness, a strength, a virtue little too innocent. that comes from devoting 18 hours a day, six ing such services as adult education If a person expressed pride for losing 20 classes, child day care, meals on days a week to labor. It’s a license to speak pounds, Cohen thought nothing of suggesting your mind, with candor. It’s courage that a trim of 10 or 15 more. He once loudly com- wheels, housing, and other community comes from character. plained that Boston Celtics games were orientated programs. Your adoption Cohen’s outspokenness shocked the eaves- fixed, even as coach Red Auerbach sat near- and mentoring programs at neighbor- dropper at the corner market. The man from by, redder than ever. hood schools are commendable. They the station wagon, arms wrapped around And though an honest man, Cohen ‘‘cheat- bags of bulkie rolls, would walk in at mid- display the importance and positive ed the law in the little ways,’’ Sen. Cohen conservation and unload on the counter and impact that you have in the commu- said. nity. For we know that wisdom, knowl- on a program or politician. Those close to He would envelop his eldest son in a large him respected his power, and were in awe of wool overcoat and sneak him into basketball edge, understanding, and all the aca- it. One of his sons, Sen. William Cohen, a games at the old Bangor Auditorium. Or, he demic education that anyone of us can man not easily flustered or impressed, was might simply mingle with the out-going muster is useless unless there is a solid visibly on guard in the presence of his father. crowd and walk in backward. moral foundation, which is what you Playing straight man to Ruby was a lifelong If one of Bangor’s finest stopped him for learning experience that involved some pain. have provided for the past 75 years. erratic driving—an occurence about as com- Beneath the crust, Cohen was a man of wit I ask my colleagues to extend your mon as sunrises—Cohen would admit to hav- and profound work ethic. His weakness as a sincerest congratulations to the entire role model for finding purpose and dignity in ing two drinks. After the cop had set up a so- briety test, Cohen would come clean: ‘‘I had Tabernacle Missionary Baptist Church labor is that in its pursuit he set an impos- family, and I extend my warmest wish- sible pace. Few of his own generation could two, two cups of coffee.’’ keep up. To his last day on the job he loved, ‘‘I loved him for his daring, and his want- es to them for another 75 years of suc- he was an exemplar of the American dream. ing me to be with him,’’ said Sen. Cohen. cess and service.∑ Seventy years a baker, 58 years a husband His father’s irreverence often was best ex- f and father of three, Cohen was the epitome pressed in his relished role as devil’s advo- of the individual who became a local institu- cate: alimony was ‘‘all-the-money’’; Jesus tion. He could humble the powerful, charm knew where the rocks were when he walked CASINOS NOT SURE BET, OTHER the casual acquaintance and feed the hungry on water; and Moses probably waited for a STATES DISCOVER with the world’s most perfect loaf of rye drought before crossing the Red Sea. bread. Through it all, Sen. Cohen said, his father ∑ Mr. LUGAR. Mr. President, I ask He helped give his city its character. He is dedicated his life to two loves: his family and unanimous consent that the attached missed. his work. When the cost of flour and yeast article be printed in the RECORD. rose over the years, the increases rarely were The article follows: RUBY’S FRIENDS OFFER FAREWELL reflected in the prices of Cohen’s products. FUNERAL RECALLS A BANGOR LEGEND ‘‘His concern was always for the welfare of [From the Washington Post, Aug. 6, 1995] (By John Ripley) his customers,’’ Sen. Cohen said, suggesting that some of the customers could afford a CASINOS NOT A SURE BET, OTHER STATES DIS- BANGOR.—Bangor bid a bittersweet fare- price increase or two. ‘‘And I would say, COVER—ANALYSTS SAY AREA OFFICIALS well Thursday to the wryest Reuben in town. ‘Sonny Miller is doing OK. Bill Zoidas is COULD LEARN FROM SUCCESSES AND FAIL- Reuben Cohen, known to presidents and doing fine. Doug Brown, don’t cry for him.’ ’’ URES ELSEWHERE plebes alike as ‘‘Ruby,’’ died Monday night The future of some of these products, at the place he loved most, the small Bangor (By Charles Babington) known to at least three generations of Ban- Rye Bread Co. bakery he had owned since gor residents, was buried with Cohen on Anchored on the Mississippi River near 1929. He was 86. Thursday afternoon. downtown New Orleans are two massive, ‘‘In the Jewish view, if this was his time, double-decker casino boats with the evoc- God allowed death to be a soft kiss rather Since Cohen’s death Monday night, Rabbi Schonberger joked, the oft-heard question ative names Crescent City Queen and Grand than a prolonged suffering,’’ Rabbi Joseph Palais. Schonberger said during Cohen’s funeral has been, ‘‘Did he make the sourdough for Thursday afternoon. the rye bread before he died?’’ ∑ There’s nothing grand about them now, Outside Bangor, Cohen was known best as f however. Both boats closed their doors last the father of U.S. Sen. William S. Cohen. But month, barely nine weeks after opening amid within this small community, particularly DIAMOND JUBILEE ANNIVERSARY much hoopla and hope. The closings, forced within the dwindling company of his own OF THE TABERNACLE MISSION- by lower-than-expected revenue, left 1,800 generation, Cohen was cherished for his well- ARY BAPTIST CHURCH people jobless and the City of New Orleans honed wit and his iron constitution. jockeying with other creditors to collect $3 On an Indian summer day, the Beth Israel ∑ Mr. LEVIN. Mr. President, it is a dis- million in unpaid taxes and fees. Synagogue was filled with Ruby’s people— tinct honor for me to acknowledge this The turn of events has been sobering—even Jews, gentiles, blacks, whites, the young, the milestone celebration—the Diamond on Bourbon Street—and may give pause to old, the famous and the anonymous. Jubilee Anniversary of the Tabernacle officials in Maryland, Virginia, the District And with so many funerals for colorful Missionary Baptist Church in Detroit, and elsewhere who are contemplating legal- people, those who attended Cohen’s service MI, pastored by the Reverend Dr. Fred- izing casinos. Although some southern and came to weep, but left laughing, grateful to midwestern towns are content with their riv- have shared a slice of such an encompassing erick G. Sampson. The Tabernacle Missionary Baptist erboat revenue, others are finding that the life. reality does not always match the promise. Outwardly, Cohen was a simple baker who Church has been a cornerstone in De- loved dancing and the saxophone, his work troit for years having grown from its That’s especially true in New Orleans, a and his family. But as Sen. Cohen pointed roots in Georgia and Mississippi. Not city that bears watching by the likes of Bal- timore and Washington, according to several out, his father also was one to dismantle bar- only did this church persevere in the riers. He broke with his faith to marry his analysts. Aside from the loss of the two riv- face of change and hard times during erboat casinos, New Orleans’s ambitious Irish sweetheart, Clara, and he was well in- the Depression years, but it has thrived formed on the issues of the day. land-based casino has needed only a third of The essence of Cohen, Schonberger said, and grown to become one of the largest its projected revenue since opening in May. was the essence of friendship itself; breaking and most prestigious churches in this The picture is brighter in the Midwest. One bread together is older than the ages. great city. reason, however, is that lawmakers quickly November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16513 relaxed regulations that had made casinos closed, eliminating the jobs of hundreds of ported by several studies and interviews with politically palatable in the first place. In people who thought the boats would bring police officials in towns with riverboat casi- Davenport, Iowa, a riverboat casino netted them a better life. Meanwhile, Harrah’s tem- nos. But problem gambling, he said, is $14 million last year after legislators in- porary land-based casino has earned about ‘‘something that has to be looked at real creased its operating hours and dropped a $12 million a month, far short of the $33 mil- carefully.’’ rule that had limited each gambler’s loss to lion that was projected. The company is Problem gambling is hard to measure, au- $200 a visit. building a mammoth, permanent casino that thorities say, and casino supporters note Those changes lured thousands of gamblers officials hope will draw more gamblers when that most Americans already have ample op- from a nearby casino boat in Rock Island, it opens next summer in the heart of the portunities to bet on lotteries and other ven- Ill. As a result, more than 200 people lost touristy French Quarter. tures. However, a 1994 study of legalized jobs there, and Rock Island now receives Some critics say the setbacks are the inev- gambling, funded by the Aspen Institute, a only a fraction of the $4 million in casino tax itable result of Louisiana’s greed and haste D.C. think tank, and the Ford Foundation, revenue that it got two years ago. in approving casinos, a process that enriched concluded: ‘‘There is a direct increase in the In Missouri, six riverboat casinos poured several friends of the high-stakes gambling numbers of people with pathological gam- $79 million into state and local tax coffers governor, Edwin Edwards. bling problems as a result of increases in le- last year. Again, looser regulations helped. ‘‘It’s the same scam going on worldwide’’, galization.’’ Slot machines—initially banned in Mis- said New Orleans lawyer C.B. Forgotson, Jr. As for product substitution, a debate rages. souri—were added to the table games. Forgotson said casino companies promise Casino supporters say everyone in a commu- A political cloud is looming, however. Mis- the moon without conducting realistic stud- nity benefits if casinos hire new workers, at- souri’s attorney general alleges that the ies of who will come to gamble. Eventually, tract tourist dollars and contribute to higher state House speaker broke the law by accept- he said, ‘‘they find out the only people com- tax revenue. ing thousands of dollars from casino compa- ing to casinos are locals. So then you are There’s not much hard data on the subject. nies and trying to influence licensing deci- cannibalizing your local businesses. . . . The In South Dakota, where Indian casinos oper- sions. A grand jury is investigating. same thing is going to happen in Detroit and ate, a 1991 state study found no appreciable Against this national backdrop, Maryland Baltimore.’’ is preparing for a legislative decision on ca- Other analysts, however, say New Orleans drop in overall taxable retail sales. However, sinos this winter, a D.C. group has asked the is temporarily suffering from foolish deci- there were ‘‘significant declines for selected elections board to place a casino initiative sions that other states can avoid. activities such as clothing stores, recreation on the District’s 1996 ballot, and an industry- ‘‘The root of the problem is that the wrong services, business services, auto dealers and backed coalition is still pushing for river- people were licensed, and they were licensed service stations.’’ boat casinos in Virginia after three consecu- for political reasons,’’ said Larry Pearson, When casinos open, ‘‘existing vendors tive legislative setbacks. publisher of the New Orleans-based River- lose,’’ said Jeff Finkle, executive director of Industry analysis conclude that under the boat Gaming Report. He noted that river the Washington-based National Council of right circumstances, casinos can boost local boat casinos in other parts of Louisiana are Urban Economic Development. Nonetheless, economies and government coffers, some- doing well. he predicts that Maryland and Virginia offi- times dramatically. But they say casinos are Only a few states have been willing to try cials will find it hard to withstand the lure not a panacea for politicians hoping to revi- a non-Indian, land-based casino. In Mis- of casino revenue, especially if Pennsylva- talize a failing city or finance a state gov- sissippi and the four midwestern states with nia, West Virginia or Delaware threaten to ernment while cutting taxes. casinos, the facilities must be on boats, even strike first. ‘‘Although casinos are spreading to more though some never leave the dock. ‘‘Somebody in this area is going to do it,’’ states, they have limited potential as a Many analysis say ‘‘riverboat gambling’’ is Finkle told a Greater Washington Board of source of tax revenue,’’ said Steven D. Gold, a political ploy to ease the worries of some Trade task force last week. ‘‘It is inevitable, director of the Center for the Study of the voters who associate land-based casinos with and when it happens it will hurt D.C.’’ unless States, in Albany, N.Y. Casinos take some Las Vega’s tackiness and Atlantic City’s a revenue-sharing agreement is reached.∑ money that otherwise would be spent on grit. ‘‘State legislators think that a little f state lotteries or taxable goods and services, cruise with a paddle wheel somehow makes he said. Moreover, the growing number of ca- it not gambling,’’ said Brian Ford, a Phila- THE PROFESSIONAL BOXING sinos nationwide will result in smaller po- delphia-based casino adviser for the account- tential for new ones. ing firm Ernst & Young. SAFETY ACT ‘‘There will never be another Nevada,’’ Some analysts argue that if Washington ∑ Mr. ROTH. Mr. President, the Sen- Gold wrote recently. Nor, experts say, will and Baltimore want casinos, they should ate’s passage of the Professional Box- there be another Atlantic City, where a build big Vegas-like facilities that could lure ing Safety Act represents the culmina- dozen large casinos attract bus loads of tourists and large conventions. betters to an otherwise blighted town. ‘‘Scattering some riverboats around the tion of nearly 4 years of working to Since 1990, six midwestern and southern Washington-Baltimore area would be a disas- make professional boxing a safer sport states have legalized commercial, non-Indian ter,’’ said Hunter Barrier, director of the Al- for the young men who choose to enter casinos. (Federally recognized Indian tribes exandria-based Gaming and Economic Devel- the ring. In large part, these efforts can operate casinos without state approval opment Institute. Most tourists would ignore owe a great deal to a boxer from my or tax assessments, and the casinos are high- such facilities, he said, ‘‘so revenues will home State of Delaware, whose misfor- ly successful in Connecticut and elsewhere.) come from local residents. And that money tune and subsequent hard work made a The six states are the guinea pigs now would come from restaurants, theaters and being scrutinized by cities and states trying other local businesses.’’ lot of this possible. That boxer is Dave to decide whether casinos are a good public It is just that scenario that has prompted Tiberi and I believe that both the Sen- bet. Among the groups conducting inquires Maryland’s restaurant and thoroughbred rac- ate and the American public owe a debt are a government-appointed task force in ing industries to unite against casinos. They of gratitude to Dave for the legislation Maryland and the Greater Washington Board say casinos typically support bettors with we have adopted. of Trade. Casino companies are keen on the cheap food and a fast-paced array of slot ma- On February 8, 1992, in a world title Washington area because it would help them chines and card game that make horse races fight, Dave Tiberi lost a controversial crack the untapped mid-Atlantic region. seem poky. In Maryland, proposals range from a few ‘‘Casinos would have a devastating impact split decision in Atlantic City to the small casinos, possibly at horse-racing on our industry,’’ said Marcia Harris, of the International Boxing Federation’s mid- tracks or in mountain counties, to large bet- Restaurant Association of Maryland. dleweight champion, James Toney. The ting palaces in downtown Baltimore and the Despite opposition to casinos from racing ABC announcer described it as ‘‘the Port-America site in Prince George’s Coun- and restaurant interests, politicians in most disgusting decision I have ever ty, near the Woodrow Wilson Bridge. If Balti- Maryland and elsewhere are tempted for a seen.’’ As a result of that fight, I di- more and the D.C. suburbs are the ultimate simple reason. Tax rates on casino earnings rected that the Permanent Subcommit- are typically about 20 percent, four times the targets, several analysis say, then New Orle- tee on Investigations undertake a com- ans might be the most analogous site for level of Maryland’s 5 percent sales tax. If a scrutiny. Like Baltimore and the District, it resident spends $100 in a casino rather than prehensive investigation of profes- is a city with a well established tourist trade in a clothing store, the store suffers, but the sional boxing, the first in the Senate in but serious problems of crime and middle- state receives $20 rather than $5. more than 30 years. Unfortunately, class flight. Barrier said most governments that are that investigation found that the In 1991 and 1992, when Louisiana legislators contemplating casinos focus on three con- sport’s problems remained much as approved 15 floating casinos throughout the cerns: crime, compulsive gambling and Senator Kefauver found them to be state and one large land-based casino in New ‘‘product substitution,’’ or the losses to non- three decades earlier. Orleans, boosters said gambling would be a casino businesses when their customers gam- sure-fire winner. ble. First and foremost among all the In the last four months, however, three of ‘‘I’ve come to the conclusion that crime is problems facing the sport today, none New Orlean’s five floating casinos have not a problem,’’ Barrier said, an opinion sup- is more important that protecting the S 16514 CONGRESSIONAL RECORD — SENATE November 1, 1995 health and safety of professional box- I would also like to thank Senators There are two major reasons these ers. We work hard to protect our ama- PRESSLER and Senator ROTH for co- abuses have not been curbed. The first teur boxers and take great pride in sponsoring this bill. Chairman PRES- is the absence of a private governing their accomplishments in the Olym- SLER helped move S. 187 through the body in the industry to mandate proper pics. Yet, when these and other young Commerce Committee, and Senator safety regulations and ethical guide- men step into the professional ranks, ROTH has been a leader in bringing the lines. Second, the State-by-State na- we deny them even the most basic issue of boxing reform before the Sen- ture of boxing regulation in America health and safety protections such as ate. Senator ROTH and Senator DORGAN allows promoters to hold unsafe boxing minimum uniform national standards. helped strengthen the bill with addi- shows in States with weak or nonexist- Professional boxers are faced with a tional health and safety provisions, as ent boxing regulations. patchwork system of health and safety well. The Professional Boxing Safety Act regulations that vary State by State, I would like to speak for a moment will end this disturbing situation in an both by rule and enforcement. on why the passage of boxing legisla- efficient and nonobtrusive manner. S. Along with my colleague, Senator tion is an important and necessary step 187 will achieve the single most impor- DORGAN, I have worked to ensure that for the Senate to take. Aptly described tant step to make boxing safer: requir- the legislation we have adopted does as ‘‘the Red Light District of Sports’’ include minimum uniform national ing State boxing officials to respon- some 70 years ago, professional boxing sibly evaluate and supervise every pro- health and safety standards. This will has continued to be an industry rife ensure that every professional boxing fessional boxing event held in the Unit- with controversy and scandal. ed States. Public oversight by State of- match in the United States is con- I have been an avid fan of boxing ducted under these standards. Every ficials is absolutely essential to pro- since I was a teenager, and I look back tect the health and safety of boxers. professional boxer will know that a fondly on my days of painful medioc- physician must be at ringside; that an rity as a boxer at the U.S. Naval Acad- We simply cannot allow the business ambulance must be available; and that emy. I idolized Sugar Ray Robinson, interests which dominate the boxing promoters must provide medical insur- and have closely followed the many industry to sanction and supervise ance. I commend Senator MCCAIN and great champions and challengers who events which they themselves organize Senator BRYAN, the sponsors of S. 187, have followed in his wake. At its best, and promote. The final authority for for including these health and safety professional boxing can be a riveting the content and conduct of each boxing protections in this legislation. and honorable contest between ath- event must rest with State athletic of- Despite numerous lucrative offers, letes. ficials—not promoters or sanctioning Dave Tiberi has never fought again. In- Unfortunately, this standard of hon- bodies. State boxing officials are re- stead, he has dedicated his efforts to orable competition is often ignored sponsible for protecting both the wel- reforming boxing and working with with respect to boxing in America fare of the boxers and serving the young people in Delaware. I believe today. Boxing continues to be cor- public’s interest, and S. 187 will greatly that, in large part, without Dave rupted by woefully inadequate safety assist them in this important work. Tiberi’s work, we would not have precautions, fraudulent mismatches, Let me briefly describe the major passed this boxing reform legislation. Professional boxing is important not and unethical business practices. The provisions of this bill. First, all boxing only to its millions of fans, but also be- boxing industry has been justifiably events must be reviewed and officially cause the sport creates opportunities tarnished in the public’s eye due to in- approved by State boxing commis- for many young men who have few op- dividuals whose profit motives consist- sioners. If a State does not have a box- portunities. We owe these young men a ently outweigh their conscience. ing commission—and currently six system outside the ring that works as Instead of the health and welfare of States in the United States do not— hard to protect them as they do inside each boxer being paramount, many commissioners from a neighboring the ring. That is why I have worked to professional boxers are treated as sac- State must be brought in to supervise reform professional boxing and I com- rificial workhorses whose long-term in- the event at the expense of the pro- mend my colleagues for adopting this terests do not count. This is especially moter. important legislation.∑ true for the unknown club fighters who Second, each boxer competing in the are the backbone of the sport. They f United States will receive an identi- live far out of the glare of the media fication card which will be tied into THE PROFESSIONAL BOXING spotlight, and box because it is the the private boxing registries which SAFETY ACT only way they know to make a living. serve the industry. This will assist ∑ Mr. MCCAIN. Mr. President, I am A majority of professional boxers never State commissioners in evaluating the very pleased the Senate passed S. 187, make more than a few hundred dollars career record and medical condition of the Professional Boxing Safety Act, per bout during their entire careers. each boxer coming to their State to last night. This bill will make profes- Many boxers are routinely subjected compete. sional boxing a safer and better sport, to excessive punishment and injury in poorly supervised events. These bootleg Furthermore, S. 187 requires all com- and serve to protect the athletes who missioners and promoters to honor the sustain this industry with their skill, shows feature dangerous mismatches and few if any health or safety pre- medical suspensions of boxers that dedication, and courage. have been ordered by other State com- This legislation is the product of over cautions. Instead of being allowed to missions. This means no boxer can 2 years of consultation with dozens of heal during a mandatory recuperation compete while suspended due to a re- State boxing officials, professional box- period, injured boxers are often lured ers, and concerned industry members. to another State to avoid the suspen- cent knockout, injury, or need for a S. 187 is an effective and practical sion. Finally, when they are too old or medical procedure. Commissioners will measure that will strengthen and ex- debilitated to even attempt to com- also be required to promptly share the pand the health and safety precautions pete, journeymen boxers are quickly results of the boxing shows they super- to protect the welfare of professional dismissed from the sport. vise with commissioners from other boxers. It will also go a long way to- There is no pension or medical assist- States. ward enhancing the integrity of the ance awaiting most boxers once they Several additional health and safety sport. hang up their gloves. Indeed, their re- provisions were added to S. 187 before I am deeply grateful for the strong tirement often consists of nothing it was passed by the full Senate. Li- support that Senator RICHARD BRYAN more than a steady and irreversible de- censed physicians must be continu- of Nevada has lent to this effort. As cline of their body and mind. This sad ously present at ringside for all boxing prime cosponsor of S. 187 and as a Sen- fate has faced literally thousands of events, and an ambulance service must ator representing America’s premier boxers in America, and my overriding either be present at the site or have boxing State, Senator BRYAN’s assist- objective in introducing S. 187 is to been notified of the event. Promoters ance on this issue has been vital to its prevent it from happening to future are required to provide medical insur- progress. generations of boxers. ance for each boxer, as well. The November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16515 amount required will be left up to the deals with lands in Utah and would ment to develop solutions that work discretion of each State. allow the Snowbasin ski area, which for a very unique region of the country. These reasonable measures are al- will be one of the sites for ski events of These are things on which we can both ready required by most State commis- the 2002 Winter Olympic Games. The agree. These are problems on which I sions, but establishing them as na- bill would transfer about 1,320 acres want to work with him to solve. tional standards will protect those box- from the Forest Service to the ski area He also spoke of his goals in this de- ers competing in less carefully regu- and Forest Service would receive lands bate. And again, his goals are substan- lated jurisdictions. of equal value which they desire. tially similar to mine. He spoke of the The U.S. attorneys in each State will About 10 years ago, discussions began need to rebuild the once vibrant salm- enforce S. 187. The bill will empower between the owners of this land and on runs which so much define the peo- U.S. attorneys to seek a temporary or the Forest Service. Since 1985, there ple of the Northwest and their culture. permanent injunction against individ- have been studies, hearings, and assess- He wants to accomplish that soon, and uals violating this act. This will bol- ments on the exchange. These include so do I. He wants the Pacific North- ster State commissioners to resist the an environmental impact statement, west—and the United States—to con- intimidation that results in dangerous environmental assessment, cultural tinue to benefit from the magnificent and fraudulent professional boxing and historical assessment, fish and Federal Columbia River Power System, events. wildlife studies, soil and water reviews, and I think he’s right on target. Let me clearly emphasize what this and geological studies. Despite a deci- During his remarks, however, he legislation does not do. Unlike other sion made by the Forest Service to ex- drew an interesting parallel between boxing reform proposals that have been change 700 acres of land at Snowbasin this issue and the spotted owl con- introduced in the Congress over the in 1990, the exchange remains troversy that has vexed our region for last decade, S. 187 requires no new Fed- uncompleted today. so many years. He said, in effect, that eral or State tax dollars; establishes no Congress needs to act quickly on S. while owls are important, they should Federal boxing bureaucracy; and im- 1371 so the exchange can be completed not be more important than people. I poses no burdensome regulations upon in the near future. For the 2002 Olym- do not think any right-thinking person State officials. pic Games, planning has already begun. ever argued that owls should be more I am very pleased that S. 187 has re- This exchange is important so the important than people; I know I have ceived virtually unanimous support work at Snowbasin can be completed not. But most people know the real from every sector of the boxing indus- for Olympic ski events scheduled there. issue has been the gradual degradation try. It has been enthusiastically en- The 2002 Olympic Games are impor- of the public forests for which the owl dorsed by the Association of Boxing tant to the people of Montana for many became a symbol. The public has Commissions [ABC], which represents reasons. For one, the Olympics will soundly rejected overcutting and 35 State boxing commissions across the draw people to the Inter-Mountain overexploitation of the national for- United States. Over 20 chief State box- West, including Montana. This means ests, in favor of ecosystem manage- ing officers have written to me in sup- more travel and tourism dollars to ment approach currently embodied by port of this bill, ranging from promi- Montana and greater exposure of the the Northwest forest plans. nent boxing States such as Nevada, attributes Montana possesses. The senior Senator suggests that— Florida, and New Jersey, to smaller Mr. President, the Public Lands Sub- like his approach to the spotted owl— commissions such as Kentucky, Ohio, committee will hold a hearing on S. we should restore fish, but not at the and my home State of Arizona. 1371 next week, and I look forward to expense of anyone else. I think that he Most important to me, however, is this bill moving forward quickly.∑ fundamentally misjudges the dif- the enthusiastic support I have re- f ferences between the salmon issue and ceived from professional boxers them- the spotted owl issue. This is not as selves. They bear all the risk of this ENERGY AND WATER simple as jobs versus owls. Unlike the violent profession, and they are the APPROPRIATIONS ACT owl, salmon are firmly identified with people I want to protect with this leg- Mrs. MURRAY. Mr. President, yes- people. They are part of people’s basic islation. Legendary champions Mu- terday evening, the Senate passed the vision of the Northwest, and they are hammad Ali, George Foreman, and conference report on H.R. 1905, the Fis- part of the economic foundation on Sugar Ray Leonard each wrote to me cal Year 1996 Energy and Water Devel- which our great State has been built. in support of S. 187, and I am deeply opment Appropriations Act. I would Salmon mean jobs. They put a roof grateful to them. like to comment on one aspect of this over the heads of fishers and their fam- I also want to note the special par- bill that has tremendous meaning to ilies. They are at the spiritual center ticipation of two extremely impressive people in my State of Washington. of native American cultures. They are boxing industry professionals in this During the debate, the senior Sen- at the core of many family relation- effort. Mr. Eddie Futch, perhaps the ator from Washington made a state- ships; how many parents have taken greatest trainer of this era, and accom- ment regarding a recent agreement be- their child out for his or her very first plished junior featherweight Jerome tween the various Members of the Sen- fishing trip? Coffee both took the time to testify on ate from the Pacific Northwest and the And the decline of salmon has sent a boxing safety before the Commerce Clinton administration regarding the horrendous ripple effect through our Committee. They graced the commit- recovery of salmon runs in the Colum- economy, through our State, our poli- tee with their experienced views, and I bia and Snake Rivers. He correctly tics, and even our international rela- again extend my sincere gratitude to pointed out the two things it rep- tions. The decline of salmon has driven the both of them for their contribu- resents: First, an acknowledgment by fishers from Washington and Oregon up tions.∑ the administration of the need to sta- to Alaska. It has driven parents out of f bilize recovery costs; and, second, an homes. It has created tension between interim solution that provides some politicians from neighboring States. SNOWBASIN LAND EXCHANGE ACT breathing space for the region to de- Lawsuits have been filed. Indian peo- ∑ Mr. BURNS. Mr. President, yester- velop ideas for longer-term solutions. ples have threatened to enforce their day Senators HATCH, BENNETT, CRAIG, My colleague also went the extra treaty rights. Canada has taken a puni- and I introduced S. 1371, the Snowbasin step of pointing out all the problems tive line against our fishing boats, and Land Exchange Act. This bill would fa- with the status quo, problems on which our treaty with them has fallen into cilitate a land transfer in Utah. there is almost no disagreement. He serious dispute. Why? Because the Fed- The consolidation of ownership of spoke of the escalating costs of recov- eral Government has not taken care of lands in the West has been a goal of ery measures. He spoke of the increas- our salmon runs. It is as simple as many Members of the Senate, includ- ing financial pressures on Bonneville that, and it’s a problem we can fix. ing me. I have supported many land ex- Power Administration. He spoke of My colleague from Washington cor- changes for Montana, and I am pleased conflicting Federal laws. He spoke of rectly points out that the administra- to be a cosponsor of S. 1371. This bill the inability of the Federal Govern- tive agreement reached last week to S 16516 CONGRESSIONAL RECORD — SENATE November 1, 1995 establish a budget for salmon recovery failed. There are other laws that also ferent theories on what is best for is just that—a promise by the adminis- apply. The Northwest Power Act—writ- them; only by experimenting will we tration to bring costs under control. He ten by our Senators Warren Magnuson, find the solutions that work best. Our also expressed concern that nothing Scoop Jackson, and MARK HATFIELD challenge is to conduct these tests in has been committed to paper describ- specifically for the region—requires the most sensible, cost effective way. ing this agreement. That is why I in- BPA to manage the river system to en- For the hydro system, we need to sert language into the conference re- sure the propagation of salmon. That carefully reevaluate the role of BPA— port on H.R. 1905—with his support— law set up the Northwest Power Plan- and all its assets—as we enter the 21st that directs the agencies involved to ning Council to oversee BPA. century, and try to identify the role enter into a memorandum of agree- It was a regional solution; but it that makes the most sense for consum- ment detailing the manner in which maybe outdated, because it’s no longer ers in the new marketplace. The four the annual salmon budget will be im- working. Northwest Governors and the Depart- plemented. But that’s not all. The Federal Power ment of Energy are currently planning Make no mistake: a huge amount of Act requires non-Federal dams to take a regional forum to review these issues. money will be devoted to salmon recov- serious measures to protect salmon be- I hope this forum can be used to review ery, and the public deserves detailed fore they can get an operating license. proposals for change coming from the accounting of how it is spent. We will There are treaties with native Ameri- bottom up. I have been talking with have accountability, or we will pull the cans—upheld by the Supreme Court of many constituents over the past year, plug. I expect the National Marine the United States as the highest law of and I know much work has been done Fisheries Service, the Bonneville the land—that require the Government on the ground to scope out changes to Power Administration, and the four to ensure healthy salmon runs exist. the law that make sense for the region. Northwest States—either through their And finally, we have a treaty with Can- I want to see that work carry over into Governors, or the Northwest Power ada that requires each country to re- the public arena. In my view, the Gov- Planning Council—to reach agreement placed the amount of fish it takes from ernors are best positioned to bring peo- on the best approach to recovery, and the other’s waters. ple together, review ideas, and forward to provide a full written accounting of What solutions have been proposed useful guidance to the congressional their efforts. by my senior colleague? He consist- delegation here in Washington, DC. How will we recover these salmon ently has proposed shortcutting the runs, when we have had so little suc- law and tilting the balance of decision- Mr. President, I have listened very cess to date? The answer is by follow- making by limiting public involve- closely to the people of the Northwest. ing good science. The senior Senator ment. His approach has been to find They want salmon runs. They want and I also agree on this, though he the quick fix: suspend the laws as they clean hydropower in favor of nuclear made one comment that disturbs me. apply to our region, and impose an out- power, or coal, or even gas. But above He said we should not spend all this come from the Federal level. Well, all else, they want to avoid the con- money solely to recover one, two, or more often than not, that approach troversies of the past like the spotted three weak runs of fish. Well, I agree, shortchanges the science and leads to owl: they want a solution. I am pas- and I do not think anyone is suggesting massive lawsuits. He has also proposed sionately committed to finding a solu- we should just focus on three runs. sweeping revision to the ESA, some of tion that works for the Northwest. There are over 80 salmon and steelhead which might be needed. But the fact re- People do not want to see their politi- runs in this basin, and we should focus mains, we could repeal the ESA tomor- cians bicker. They do not want to see on managing the whole population to row, and it would not do a thing to help winners and losers in public debate. maximum advantage. Like the na- restore salmon to the Columbia Basin. They want to see their politicians work tional forests that are home to the It is not as simple as turning the together, and they want problems spotted owl, the health of the river sys- whole mess over to the States. That solved. tem is in trouble. Nearly every single might get the Feds out of the picture, The agreement reached with the salmon and steelhead run is trending but it does not begin to solve the prob- Clinton administration last week was a downward in population. lem. In the end, we need to stop ad- solid beginning. It was not landmark, If we examine the science as it is cur- dressing all Columbia River issues in and it certainly was not a long-term rently understood, we will find that isolation. Salmon costs are not BPA’s solution. But it buys time for the re- what is good for 1 weak run is also only problem; some might argue it is gion to think this through very care- good for 79 others. Furthermore, the the least of its problems. BPA’s biggest fully, and it does not harm any aspect Northwest Power Planning Council has problem is how to continue delivering of the river system, or the fish. We now developed its own plan, and it’s almost benefits to the people, given competi- have an opportunity. We can move for- identical to that of the Federal Gov- tive changes to energy markets. It has ward, and find solutions, or we can ernment. The only difference is that it inefficient management, a huge debt draw lines in the sand and let things targets the whole basin. That is right; load, numerous public policy mandates, devolve into politics. I know the people the regional, homespun salmon plan very little accountability, and vir- of the Pacific Northwest want the aims to rebuild all salmon runs in the tually no regulatory oversight. former. basin, and yet it calls for recovery Politicians should commit to work- f measures almost identical to those re- ing for a series of shared values, and quired by the ESA: better passage then start looking for ways to achieve NATIONAL SECURITY PROVISIONS around dams, faster travel time to the them for the people. I think those val- OF THE GATT TREATY AS AP- ocean, habitat conservation, and de- ues remain very clear: we should have PLIED TO ECONOMIC EMBAR- creased predation. So it is reasonable clean, affordable hydropower; we GOES to conclude that scientific theories are should have bountiful fish and wildlife; headed in the same direction for all and we should pay off the debts in- Mr. D’AMATO. Mr. President, I rise salmon in the basin, be they listed curred to construct the system. today to offer a brief explanation of ar- under the Endangered Species Act, or For fish, we need to find a way to ticle 21 of the GATT, otherwise known not. make the requirements of all these as the General Agreement on Tariffs My colleague also pointed out that laws and treaties consistent. And then and Trade, especially as it relates to the region’s current problems are the we need one plan to meet these require- the imposition of secondary economic fault of Federal laws and overzealous ments. One set of standards, and one sanctions against Iran. This is particu- bureaucrats. While that is surely true plan to meet them. We must utilize a larly pertinent because of my bill, S. in part, it is not the whole story. The scientifically sound, adaptive manage- 1228, the Iran Foreign Oil Sanctions Endangered Species Act gives NMFS ment approach. We must test, monitor, Act. the responsibility to act to save salm- and adapt as we learn more about Briefly, the provisions of article 21, on. It has kicked in as a measure of salmon science. The fact is, salmon are so broadly written, that legislation last resort, because other actions have science is inexact. There are many dif- such as S. 1228 is possible, and in fact, November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16517 sustainable under the GATT. Further- Act, or any regulation, order or license relat- is applicable to national security export con- more, the concept has been tested be- ed thereto, may be subject to such controls trols. fore, in relative terms as it relates to on the importing of its goods and technology For purposes of this memorandum, I shall economic sanctions imposed upon Cuba into the United States or its territories and assume that the import sanction is imposed possessions as the President may pre- in connection with a violation of a control in the 1960’s, Nicaragua, and even scribe.’’ 2 restricting the export of a product destined against Czechoslovakia in the 1940’s. The bill reported by the Senate Banking for the territory of a contracting party. It I want to add that even when Presi- Committee contains a similar amendment, should be noted, however, that most of the dent Reagan imposed similar sanctions but the import controls on a violator are not controlled destinations under U.S. national against the Soviet Union in the 1980’s, limited to ‘‘its’’ goods and technology, and security controls are Communist countries in retaliation to the imposition of mar- the sanction is also applicable to a violation that are not GATT contracting parties. tial law in Poland, a Federal court of ‘‘any regulation issued pursuant to a mul- Where an export license must be applied for upheld sanctions against Dresser tilateral agreement to control exports for in connection with an export of a national national security purposes, to which the France. security controlled product to a Free World United States is a part.’’ 3 destination, the basic purpose of licensing I feel that this point must be made Under the present statute and regulations, (with limited nuclear-related exceptions) is clear for those who feel that there violators of the export controls under the to assure that the indicated destination is would be a challenge to this once it be- EAA are subject to criminal penalties and to bona fide and that diversion to a controlled came law, or that it would cause legal administratively imposed civil fines and de- destination is not in prospect. As the pur- disputes. In light of this, I ask unani- nial or limitation of access to exports from pose of these licensing requirements is not to mous consent that the following docu- the United States.4 When a violator is out- deny these Free World destinations access to side the United States, it may not be pos- ments be printed in the RECORD, ex- the products, and as the trade impact in fact sible to acquire personal jurisdiction over plaining the legality of secondary boy- is nil because licenses are rarely denied to that person for purposes of criminal proceed- these destinations, it is arguable that such cotts under the GATT: First, a memo ings or the collection of civil fines. The ex- controls are not the kind of trade practice dated June 28, 1983, from Sherman port control authority of the EAA can be which Article XI should be deemed to pro- Unger, then legal counsel for the De- used to deny a violator access to U.S. ex- hibit. This argument would gain force if Ar- partment of Commerce, on the subject ports even if the violator elects not to con- ticle XI were invoked in a case involving the of the legality of import sanctions test the administrative enforcement pro- unauthorized export of a U.S.-origin product under GATT; an article from the New ceedings and remains outside of United from the territory of the contracting party 5 York Times from August 25, 1982, enti- States territory. Thus, denial of export lodging the complaint. It is not unlikely privileges may be the only available sanc- tled ‘‘Judge Backs U.S. Bid to Penalize that such reexport controls would be in- tion in certain cases. Whether this sanction volved in a complaint, as it is this jurisdic- Company on Soviet Pipeline Sale,’’ will provide a meaningful penalty to deter tional reach that distinguishes U.S. controls that details an attempt by Dresser further violations will depend upon the ex- from those of its major trading partners. France to defy President Reagan’s sec- tent to which the violator needs continued Even if Article XI were applicable to the ondary boycott against foreign compa- access to U.S.-origin goods and technology. national security export control being en- nies supplying oil pipeline equipment The ability to restrict imports, as well, forced, the United States should be able to to the Soviet Union; and finally, an an- would increase the economic impact on any GATT—justify its actions under the security alytical index Guide to GATT Law and violator and, for some, might be key to exception in Article XXI. This provides in achieving an effective sanction. Practice, explaining article 21 in pertinent part: GATT, the national security exception. GATT LEGALITY ‘‘Nothing in this Agreement shall be con- strued . . . (b) to prevent any contracting In their totality, these documents GATT Article XI bars ‘‘prohibitions or re- strictions’’ on imports, with certain excep- party from taking any action which it con- will help to explain the legality and I tions not applicable to the EAA sanctions siders necessary for the protection of its es- hope that they will go some way to- under consideration. Article XI applies to sential security interests (i) relating to fis- ward settling any doubts about S. 1228. prohibitions or restrictions on the importa- sionable materials or the materials from There being no objection, the mate- tion of ‘‘any product of the territory of any which they are derived; (ii) relating to traf- rial was ordered to be printed in the other contracting party.’’ Thus, the origin of fic in arms, ammunition and implements of RECORD, as follows: the affected imports, rather than the nation- war, and to such traffic in other goods and ality or place of business of the sanctioned materials as is carried on directly or indi- GENERAL COUNSEL OF THE violator, would be controlling. Absent an ex- rectly for the purpose of supplying a mili- U.S. DEPARTMENT OF COMMERCE, tary establishment; (iii) taken in time of war Washington, DC, June 28, 1983. ception in the GATT, an affected contracting party could challenge the import sanction as or other emergency in international rela- Memorandum to Lionel H. Olmer, Under Sec- tions. . . .’’ retary for International Trade, from Sher- an illegal restraint on the exports of its 6 The use in Article XXI of the term ‘‘which man E. Unger, General Counsel. products to the United States. The United States would be able to defend it considers necessary’’ is indicative of the EXPORT ADMINISTRATION ACT—INTER- a proper use of the import sanction against deference to the judgment of contracting NATIONAL LEGALITY OF PROPOSED IMPORT violators on the basis of exceptions provided parties when they wish to justify measures SANCTION in Articles XX and XXI of the GATT. on security grounds. The very limited test- SUMMARY Among the general exceptions in Article ing of this Article in GATT proceedings has Proposed amendments to the Export Ad- XX is that in subparagraph (d) with respect confirmed this deference.7 Professor Jackson ministration Act would authorize subjecting to measures ‘‘necessary to secure compliance quotes statements from the GATT pre- violators of national security export controls with laws or regulations which are not in- paratory conference that ‘‘some latitude to sanctions in the form of import restric- consistent with the provisions of [the GATT] must be granted for security as opposed to tions. The proper exercise of this authority . . . ’’. To qualify for an exception under the commercial purposes’’ and that ‘‘the spirit in would be consistent with United States obli- terms of Article XX, measures must not con- which the Members of the Organization gations under the General Agreements on stitute ‘‘a means of arbitrary or unjustifi- would interpret these provisions was the Tariffs and Trade (GATT) and under other able discrimination between countries where only guarantee against abuse.’’ 8 The United potentially applicable trade agreements. the same conditions prevail’’ or ‘‘a disguised States invoked Article XXI in successfully GATT legality would not preclude the possi- restriction on international trade.’’ defending its export controls against a bility of a claim of ‘‘nullification or impair- It should not be subject to serious question Czechoslovak challenge in 1949. In May 1982, ment’’ under GATT Article XXIII, but the re- that denial of import privileges to violators Argentina complained to the GATT Council lationship of such sanctions to security in- would constitute a measure to secure com- that the trade sanctions (not limited to mili- terests and the likelihood of their relatively pliance with the export control laws, with tary or strategic items) imposed by the Unit- insignificant impact on a country’s exports the likely economic consequences of such a ed kingdom, the European Community, Can- greatly reduce the risk of GATT-sanctioned sanction serving as a deterrent. The real ada and Australia violated various GATT re- counter-measures. issue, therefore, would be whether the export quirements and could not be justified under controls themselves are consistent with the Article XXI. The complaint remains unre- BACKGROUND GATT. solved. The Administration bill would amend sec- Article XI bars prohibitions or restrictions The scarcity of official interpretations of tion 11 of the Export Administration Act of through export licenses with respect to the Article XXI is due not only to the very few 1979, as amended (the ‘‘EAA’’) 1 exportation or sale for export of any product complaints in which it has been invoked, but ‘‘(3) Whoever violates any national secu- destined for the territory of any other con- also to the fact that the broad wording of the rity control imposed under section 5 of this tracting party. The application of this prohi- Article XXI exception relieves contracting bition is limited by exclusions stated in parties of the obligation to provide notifica- Footnotes at end of article. paragraph 2 of the Article, but none of these tion of security-related measures. S 16518 CONGRESSIONAL RECORD — SENATE November 1, 1995 If the GATT were to be invoked with re- and (c). If the complaint is not satisfactorily criticism of the jurisdictional reach of the spect to controls on industrial goods being adjusted between the parties concerned, it controls. exported for industrial use, it might be con- may be referred to the GATT disputes ma- Finally, it should be noted that the factors tended that the controls are not within the chinery and result in a panel proceeding and that would be most important in sustaining Article XXI reference to traffic in ‘‘other a GATT Council recommendation or ruling. the international legality of the proposed goods and materials . . . carried on directly The contracting parties could authorize the import sanction would be, for the most part, or indirectly for the purpose of supplying a complaining country to suspend the applica- inapplicable to the other proposed EAA military establishment.’’ Weighing strongly tion of concessions or obligations under the amendment that would permit controls to be against the success of any such contention, GATT to the country imposing the measures imposed against imports from a country as however, is the fact that, from the earliest found to nullify or impair benefits. to which export controls had been applied for years of the GATT, the United States and Given the extreme rarity of Article XXIII foreign policy purposes. The Article XXI ex- the major industrialized countries of the complaints actually proceeding to author- ception would be unavailable unless the con- West have operated a coordinated system of ized retaliation, it is hard to believe that an trols could somehow be brought within that export controls with very broad product cov- import sanction case would ever lead to this Article’s characterization of ‘‘security inter- erage and often with little or no concern as result. Specific factors weighing against a ests’’. In contrast with sanctions against to whether supply of a military establish- finding of nullification or impairment are 1) companies and individuals, sanctions against ment was involved. In fact, in the early the likelihood that other producers in the countries would entail literal conflict with years of the GATT, Western embargoes of country concerned would remain free to sup- the terms of pertinent GATT articles and Communist countries were not confined to ply the exports to the U.S. barred to the vio- MFN provisions in treaties. strategic goods, but included common indus- lator 2) the likelihood that the economic im- In conclusion, the reasonable use of the trial raw materials, so as to impair the pact of the sanction would be insignificant in import sanction against violators of secu- growth of the economic base that could sup- relation to the concerned country’s overall rity-related controls can be justified under port a military effort. The targets of these trade and 3) the likelihood that the contract- pertinent GATT and treaty provisions. A controls included Czechoslovakia, a GATT ing parties would avoid acting with respect government’s good faith in imposing import contracting party. to security-related measures even though controls is more likely to be questioned, due If there is little likelihood of a successful they would not have to rule on their legal- to the protectionist potential of such meas- GATT challenge to the security-related ex- ity. ures. Notwithstanding the traditional def- port control measure itself, might import erence in official proceedings to a country’s sanctions imposed against a violator of that OTHER CONSIDERATIONS security-related justification of its meas- control nonetheless be found to be ‘‘arbi- United States treaties such as our Friend- ures, it will be important for our government trary or unjustifiable discrimination be- ship, Commerce and Navigation treaties to avoid measures which debase the national tween countries’’ or a ‘‘disguised restriction typically provide ‘‘most favored nation’’ security standard and invite corresponding on international trade’’, preventing jus- treatment for imports from the other coun- measures damaging to our trading interests tification under the Article XX general ex- try. In general, import sanctions would seem and to the integrity of the international sys- ception? GATT negotiating history is not even less vulnerable under such treaties then tem of trade discipline. helpful in interpreting these provisions.9 Im- under the GATT. First, an enforcement sys- port sanctions are unlikely to be overtly dis- tem that treats similarly situated violators FOOTNOTES criminatory between countries, for, as al- the same, without regard to country of ori- 1 50 U.S.C. app. § 2410(c) (Supp V, 1981). ready noted, restrictions would apply to im- gin, arguably does not violate an MFN obli- 2 Section 8(6) H.R. 2500, 98th Cong., 1st Sess., 129th ports of a violator, irrespective of the coun- gation. Secondly, these treaties typically Cong. Rec. H. 1992 (April 12, 1983); Section 8(6) S. 979, try of origin. In practice, the impact of the 98th Cong., 1st Sess., 129th Cong. Rec. S. 4183, 4186 contain a ‘‘security’’ or ‘‘vital interests’’ ex- (April 6, 1983). import restraints would fall most heavily on ception more broadly worded than GATT Ar- 3 Section 7 S. 979, 98th Cong., 1st Sess. the country where most of the violator’s pro- ticle XXI. However, a consideration that 4 50 U.S.C. app. § 2410 (a)–(c); 15 CFR §§ 387.1, 388.3 duction occurs. It is conceivable, however, could induce a country to invoke such a (1982). unlikely, that a pattern of selective use the treaty rather than GATT procedures would 5 15 CFR § 388.8. import sanction could develop over time suf- be concern over the difficulty of getting such 6 The imposition of the import sanction arguably ficient to sustain a claim of unjustifiable cases decided in GATT and the belief that would not violate the ‘‘most favored nation’’ (MFN) discrimination. The type of situation that requirements of Articles I and XIII of the GATT. the World Court would be more willing to ad- Presumably, such sanctions would be applied in a could more reasonably be expected to lead to judicate. source-neutral manner, that is, to bar all imports by a GATT challenge and possible success would The EAA import sanction amendment has or from the violator irrespective of the country of be a transparent use of the import sanction been criticized as an example of the alleg- origin. The clear applicability of Article XI makes it to achieve protectionist objectives. Cir- edly improper extraterritorial extension of unnecessary to pursue the question of MFN, but the cumstances suggesting such abuse would in- U.S. export controls. Although the sanction issue of discrimination is addressed below with re- clude the targeting of sanctions toward par- is available whether the violation involves spect to the availability of an exception under the ticular products accounting for troublesome GATT. conduct within United States territory or 7 See Jackson, World Trade and the Law of GATT, import competition for domestic producers abroad, it is undoubtedly recognized that the 748–752 (1969). and the imposition of import restraints of sanction would most likely be applied to per- 8 Id., at 748–49. such breadth or duration as to give them an sons beyond the reach of U.S. legal process. 9 Id., at 744. economic impact disproportionate to other It is to be expected that the violations penalties for violation of export controls. charged would often involve activity abroad, [From the New York Times, Aug. 25, 1982] (Note that denial of export privileges can such as unauthorized reexports, which other JUDGE BACKS U.S. BID TO PENALIZE COMPANY serve both as a penalty and as a protective governments claim is beyond the regulatory ON SOVIET PIPELINE SALE device—a blanket cut-off of a violator’s ac- jurisdiction of the United States. The new cess to U.S. goods and technology reduces sanction, of course, does not extend the ju- (By Clyde H. Farnsworth) that person’s ability to engage in further di- risdictional reach of the regulations. Like WASHINGTON, Aug. 24.—A Federal judge versions of strategic items). the existing authority to deny export privi- today cleared the way for the Commerce De- Justification of import sanctions under Ar- leges, it simply supplies an enforcement tool partment to penalize an American company ticle XX would also require a showing that that can be effective against persons outside for refusing to comply with President Rea- the measures were ‘‘necessary’’ to secure the United States. In any possible challenge gan’s sanctions against supplying equipment compliance—whereas Article XXI permits a to the import sanction under the GATT, for the Siberian natural gas pipeline. contracting party to take measures ‘‘which these questions of legal jurisdiction should The company, Dresser Industries, has de- it considers necessary’’ to protect its essen- be irrelevant. The Article XX exception is clined to order its French subsidiary to defy tial security interests. Where Article XX is for measures to secure compliance with laws a French Government order to deliver equip- applied to enforcement measures relating to or regulations ‘‘which are not inconsistent ment to be used for the Soviet pipeline. security controls, however, it is reasonable with the provisions of this Agreement.’’ The In another move against the company, two to expect the same GATT deference to a par- Agreement contains no provision affecting Administration sources said, Cabinet mem- ty’s assessment of its security needs and re- rule-making jurisdiction, so claimed juris- bers recommended during a meeting held in luctance to render a decision on what would dictional excesses ought not to bear on unusual secrecy that Dresser and Dresser be viewed as a ‘‘political’’ matter. GATT justification based on Article XX. It France, the subsidiary, be placed on an NULLIFICATION OR IMPAIRMENT should not be a surprise, nonetheless, if a American ‘‘denial list.’’ The action would The imposition of the import sanction government that finds cause to complain in prevent the subsidiary from having any com- against one of its companies could cause a the GATT of a U.S. export control action in- mercial relations with the United States. contracting party to invoke Article XXIII volving conduct abroad seeks to inject the They said the blacklist was one of the op- claiming that the reduction of its exports to jurisdictional issue. That government may tions that President Reagan was asked to the U.S. has ‘‘nullified or impaired’’ benefits well recognize that it has no real chance of consider in an options paper that went to accruing to it under the GATT. It is not nec- having positive action taken on its com- him tonight in California after the meeting, essary to claim or establish that a GATT ob- plaint yet it may hope to get a GATT panel which was under the chairmanship of Sec- ligation has been breached. Art. XXIII: ((b) report to include some potentially useful retary of State George P. Shultz. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16519

Another meeting began at the Justice De- Commerce Secretary Malcolm Baldrige, II. INTERPRETATION AND APPLICATION OF partment tonight to prepare for enforcement who was cited as a defendant in Dresser’s pe- ARTICLE XXI of the denial order once the pipeline equip- tition for injunctive relief, said he was A. Scope and application of article XXI ment is actually loaded on a Russian freight- ‘‘pleased with the judge’s ruling.’’ But nei- er, the Borodin, at Le Havre. The loading, ther he, nor Secretary of State Shultz, nor 1. Paragraphs (a) and (b): ‘‘it considers . .. which was to take place today, has report- any other participant at the Cabinet-level essential security interests’’: edly been delayed until Wednesday. meeting would comment on the results of During discussions in the Geneva session of The sources stressed that it was still up to the hearing. the Preparatory Committee, in response to the President to decide on a course of action The President has justified his action by an inquiry as to the meaning of ‘‘essential in the developing confrontation with France citing both the Polish repression and the fi- security interests’’, it was stated by one of and other Western European countries over nancial and political advantages the pipeline the drafters of the original Draft Charter the pipeline and the extraterritorial reach of would bring to the Soviet Union. Europeans that ‘‘We gave a good deal of thought to the American laws. are both financing and providing equipment question of the security exception which we United States District Judge Thomas O. for the line to diversify energy sources and thought should be included in the Charter. Flannery, turning down a last minute appeal to provide employment for depressed indus- We recognized that there was a great danger by Dresser, refused to bar the Administra- tries. of having too wide an exception and we could tion from punishing the company. The President said that the Russians stand not put it into the Charter, simply by say- JUDGE DENIES DRESSER REQUEST to earn $10 billion to $12 billion a year from ing: ‘by any Member of measures relating to The judge was asked by a lawyer represent- the gas and could use the proceeds to become a Member’s security interests,’ because that ing Dresser, John Vanderstar of the Wash- an even greater military threat. would permit anything under the sun. There- ington law firm of Covington & Burling, to The penalties that may be levied against fore we thought it well to draft provisions issue a temporary restraining order that Dresser are discretionary, meaning that at which would take care of real security inter- would prohibit the Government from issuing one extreme the Government need do noth- ests and, at the same time, so far as we penalties against Dresser. However, the ing at all. At the other extreme, officials ex- could, to limit the exception so as to prevent judge said that Mr. Vanderstar had failed to plained, the United States could seek extra- the adoption of protection for maintaining show that the Dallas-based company would dition of chief executives of offending com- industries under every conceivable cir- suffer ‘‘immediate and irreparable harm’’ if panies and seek to jail them in the United cumstance. . . . There must be some latitude the order was not issued. States. here for security measures. It is really a Dresser France has agreed to supply three Although Secretary of State Shultz has question of balance. We have got to have compressors, worth $2 million, that it has al- supported the sanctions, he had gone on some exceptions. We cannot make it too ready built. The Russians have ordered a record before joining the Administration as tight, because we cannot prohibit measures total of 21 compressors from Dresser, worth opposing the use of trade as an instrument of which are needed purely for security reasons. $18 million to $20 million, to pump natural United States foreign policy. On the other hand, we cannot make it so gas through the 3,600 mile pipeline. The com- He was quoted once, for instance, as saying broad that, under the guise of security, coun- pany argued that if its subsidiary did not that trade cannot be ‘‘turned on and off like tries will put on measures which really have ship the equipment, it would be liable to a light switch,’’ and called for a ‘‘predictable a commercial purpose’’. The Chairman of criminal and civil penalties in France. Commission A suggested in response that the On the other hand, if it did ship the com- set of rules’’ to avoid domestic and foreign confusion. spirit in which Members of the Organization pressors, it would violate the ban on supply- would interpret these provisions was the COMPRESSORS FOR PIPELINE ing pipeline equipment to the Russians im- only guarantee against abuses of this kind.1 posed by President Reagan under an execu- Compressors are devices that increase the During the discussion of the complaint of tive decree last June 22. The American Ex- pressure of a gas, vapor, or mixture of gas Czechoslovakia at the Third Session in 1949 port Administration Act of 1979, under which and vapor by reducing the volume of such (see page 556) it was stated, inter alia, that that decree was issued, also calls for civil fluids as they pass through the device. In a ‘‘every country must be the judge in the last and criminal penalties against violators. pipeline, they are used to increase the resort on questions relating to its own secu- That ruling extended American export con- amount of fuel that can be pumped through trols not only to the foreign activities of rity. On the other hand, every contracting a line of a given diameter. party should be cautious not to take any United States companies, but also to foreign Dresser Industries manufactures a variety companies that use American technological step which might have the effect of under- of compressors used in transporting fuels, in- mining the General Agreement.2 licenses to manufacture products of their cluding centrifugal, reciprocating, and axial In 1961, on the occasion of the accession of own. The controls were intended to deny compressors. Portugal, Ghana stated that its boycott of American technology for the pipeline in re- There are 21 50-ton centrifugal compressors Portuguese goods was justified under the taliation for Soviet-inspired repression in involved in the current dispute, according to provisions of Article XXI:(b)(iii), noting that Poland. Edward Luter, Dresser’s senior vice presi- ‘‘The plaintiff is in a terrible jam,’’ Mr. dent. They cost about $700,000 each. ‘‘. . . under this Article each contracting Vanderstar said. ‘‘Congress simply cannot ‘‘Each compressor order is to certain speci- party was the sole judge of what was nec- have intended to authorize the Secretary of fications,’’ Mr. Luter said yesterday in a essary in its essential security interest. Commerce, no matter how good his inten- telephone interview from Dresser’s Dallas There could therefore be no objection to tions, to impose sanctions against this com- headquarters. Ghana regarding the boycott of goods as jus- pany.’’ tified by security interests. It might be ob- Richard Willard, Acting Assistant Attor- served that a country’s security interests GUIDE TO GATT LAW AND PRACTICE ney General in the civil division of the Jus- might be threatened by a potential as well as tice Department, told the judge that injunc- I. TEXT OF ARTICLE XXI an actual danger. The Ghanaian Govern- tive relief would ‘‘severely damage the for- Article XXI—Security Exceptions ment’s view was that the situation in Angola eign relations of the United States.’’ He em- Nothing in this Agreement shall be con- was a constant threat to the peace of the Af- phasized that this was an issue on which the strued rican continent and that any action which, President felt strongly. (a) to require any contracting party to fur- by bringing pressure to bear on the Por- He also said that the United States was not tuguese Government, might lead to a lessen- prepared to concede that the French Govern- nish any information the disclosure of which it considers contrary to its essential security ing of this danger, was therefore justified in ment order to Dresser France to ship the the essential security interests of Ghana’’.3 compressors represented even a ‘‘valid exer- interests; or During the Council discussion in 1982 of cise of French law.’’ (b) to prevent any contracting party from trade restrictions applied for non-economic On the other hand, the French and other taking any action which it considers nec- reasons by the EEC, its member States, Can- Europeans, who have filed a strong protest essary for the protection of its essential se- ada and Australia against imports from Ar- against the American sanctions, argue that curity interests gentina (see page 557), the representative of Europe cannot accept the right of the United (i) relating to fissionable materials or the the EEC stated that ‘‘the EEC and its mem- States to extend its jurisdiction to compa- materials from which they are derived; ber States had taken certain measures on nies established outside its territory. (ii) relating to the traffic in arms, ammu- Although it is the subsidiary of a Dallas- nition and implements of war and to such the basis of their inherent rights, of which based company, Dresser France is a French traffic in other goods and materials as is car- Article XXI of the General Agreement was a company and operates under French laws. ried on directly or indirectly for the purpose reflection. The exercise of these rights con- Many other American subsidiaries in Eu- of supplying a military establishment; stituted a general exception, and required rope and European companies that produce (iii) taken in time of war or other emer- neither notification, justification nor ap- pipeline equipment under American license gency in international relations; or proval, a procedure confirmed by thirty-five are affected by the June 22 order of the (c) to prevent any contracting party from years of implementation of the General President. The reason that Dresser became taking any action in pursuance of its obliga- Agreement. He said that in effect, this proce- the target is that, according to an Adminis- tions under the United Nations Charter for dure showed that every contracting party tration source, ‘‘it just happened to have the the maintenance of international peace and earliest delivery schedule.’’ security. Footnotes at end of article. S 16520 CONGRESSIONAL RECORD — SENATE November 1, 1995 was—in the last resort—the judge of its exer- United States’ invocation of that Article as goods which could be used for military pur- cise of these rights’’. The representative of this examination was precluded by its man- poses 16 and also stated that ‘‘the provisions Canada stated that ‘‘Canada’s sovereign ac- date. It recalled that its terms of reference of Article I would not require uniformity of tion was to be seen as a political response to put strict limits on its activities because formalities, as applied to different countries, a political issue . . . Canada was convinced they stipulated that the Panel could not ex- in respect of restrictions imposed for secu- that the situation which had necessitated amine or judge the validity of or the motiva- rity reasons’’. 17 It was also stated by one the measures had to be satisfactorily re- tion for the invocation of Article XXI:(b)(iii) contracting party that ‘‘goods which were of solved by appropriate action elsewhere, as by the United States . . . The Panel con- a nature that could contribute to war poten- the GATT had neither the competence nor cluded that, as it was not authorized to ex- tial’’ came within the exception of Article the responsibility to deal with the political amine the justification for the United XXI.18 The complaint was rejected by a roll- issue which had been raised. His delegation States’ invocation of a general exception to call vote of 17 to 1 with 3 abstentions.19 could not, therefore, accept the notion that the obligations under the General Agree- (3) ‘‘taken in time of war or other emer- there had been a violation of the General ment, it could find the United States neither gency in international relations’’: Agreement’’.4 The representative of Aus- to be complying with its obligations under The 1970 Working Party Report on ‘‘Acces- tralia ‘‘stated that the Australian measures the General Agreement nor to be failing to sion of the United Arab Republic’’ notes that were in conformity with the provisions of carry out its obligations under that Agree- in response to concerns raised regarding the Article XXI:(c), which did not require notifi- ment’’.11 Arab League boycott against Israel and the cation or justification’’.5 The representative 2. Paragraph (a): ‘‘disclose . . . any infor- secondary boycott against firms having rela- of the United States stated that ‘‘The Gen- mation’’: tions with Israel, the representative of the eral Agreement left to each contracting During the discussion at the Third Session UAR stated that ‘‘the history of the Arab party the judgment as to what it considered of a Czechoslovak complaint concerning boycott was beyond doubt related to the ex- to be necessary to protect its security inter- United States national security export con- traordinary circumstances to which the Mid- ests. The CONTRACTING PARTIES had no power trols, in response to a request by Czecho- dle East area had been exposed. The state of to question that judgement’’.6 slovakia for information under Article XIII:3 war which had long prevailed in that area The representative of Argentina noted that on the export licensing system concerned, necessitated the resorting to this system. it had attempted to submit to GATT only the US representative stated that while it .. . In view of the political character of this the trade aspects of this case and stated would comply with a substantial part of the issue, the United Arab Republic did not wish ‘‘that in order to justify restrictive measures request, ‘‘Article XXI . . . provides that a to discuss it within GATT. . . . It would not a contracting party invoking Article XXI contracting party shall not be required to be reasonable to ask that the United Arab would specifically be required to state rea- give information which it considers contrary Republic should do business with a firm that sons of national security . . . there were no to its essential security interests. The Unit- transferred all or part of its profits from trade restrictions which could be applied ed States does consider it contrary to its se- sales to the United Arab Republic to an without being notified, discussed and justi- curity interest—and to the security interest enemy country’’. 20 Several members of the fied’’.7 of other friendly countries—to reveal the working party supported the views of the Paragraph 7(iii) of the Ministerial Declara- names of the commodities that it considers representative of the UAR that the back- tion adopted 29 November 1982 at the Thirty- to be most strategic’’.12 ground of the boycott measures was political eighth Session of the Contracting Parties The ‘‘Decision Concerning Article XXI of and not commercial.21 provides that ‘‘. . .the contracting parties the General Agreement’’ of 30 November 1982 In November 1975 Sweden introduced a undertake, individually and jointly: . . . to (see page 559 below) provides inter alia that global import quota system for certain foot- abstain from taking restrictive trade meas- ‘‘Subject to the exception in Article XXI:a, wear. The Swedish Government considered ures, for reasons of a non-economic char- contracting parties should be informed to that the measure was taken in conformity acter, not consistent with the General the fullest extent possible of trade measures with the spirit of Article XXI and stated, Agreement’’.8 taken under Article XXI’’.13 inter alia, that the ‘‘decrease in domestic The question of whether and to what ex- 3. Paragraph (b): ‘‘action’’: production has become a critical threat to tent the Contracting Parties can review the (1) ‘‘relating to fissionable materials or the the emergency planning of Sweden’s eco- national security reasons for measures taken materials from which they are derived’’: nomic defence as an integral part of the under Article XXI was discussed again in the The records of the Geneva discussions of country’s security policy. This policy neces- GATT Council in May and July 1985 in rela- the Preparatory Committee indicate that sitates the maintenance of a minimum do- tion to the US trade embargo against Nica- the representative of Australia withdrew its mestic production capacity in vital indus- ragua which had taken effect on 7 May 1985.9 reservation on the inclusion of a reference to tries. Such a capacity is indispensable in While a panel was established to examine the ‘‘fissionable materials’’ in the light of a order to secure the provision of essential US measures, its terms of reference stated statement that the provisions of Article 35 products necessary to meet basic needs in that ‘‘the Panel cannot examine or judge the [XXIII] would apply to Article XXI; see case of war or other emergency in inter- validity or motivation for the invocation of below at page 560.14 national relations’’.22 In the discussion of Article XXI(b)(iii) by the United States’’.10 (2) ‘‘relating to the traffic in arms, ammu- this measure in the GATT Council, ‘‘Many In the Panel Report on ‘‘United States— nition and implements of war and to such representatives . . . expressed doubts as to Trade Measures affecting Nicaragua’’, which traffic in other goods and materials as is car- the justification of these measures under the has not been adopted, ried on directly or indirectly for the purpose General Agreement . . . Many delegations ‘‘. . . The Panel noted that, while both par- of supplying a military establishment’’: reserved their rights under the GATT and ties to the dispute agreed that the United During discussions in the Geneva session of took note of Sweden’s offer to consult’’.23 States, by imposing the embargo, had acted the Preparatory Committee, in connection Sweden notified the termination of the contrary to certain trade-facilitating provi- with a proposal to modify Article 37(g) quotas as far as leather and plastic shoes sions of the General Agreement, they dis- [XX(g)] to permit export restrictions on raw were concerned as of 1 July 1977.24 agreed on the question of whether the non- materials for long-term defense purposes, In April 1982, the EEC and its member observance of these provisions was justified the question was put whether the phrase ‘‘for states, Canada, and Australia suspended in- by Article XXI(b)(iii) . . . the purpose of supplying a military estab- definitely imports into their territories of ‘‘The Panel further noted that, in the view lishment’’ would permit restrictions on the products of Argentina. In notifying these of Nicaragua, this provision should be inter- export of iron ore when it was believed that measures they stated that ‘‘they have taken preted in the light of the basic principles of the ore would be used by ordinary smelting certain measures in the light of the situation international law and in harmony with the works and ultimately for military purposes addressed in the Security Council Resolution decisions of the United Nations and of the by another country. It was stated in response 502 [the Falkland/Malvinas issue]; they have International Court of Justice and should that ‘‘if a Member exporting commodities is taken these measures on the basis of their therefore be regarded as merely providing satisfied that the purpose of the transaction inherent rights of which Article XXI of the contracting parties subjected to an aggres- was to supply a military establishment, im- General Agreement is a reflection’’.25 Argen- sion with the right of self-defence. The Panel mediately or ultimately, this language tina took the position that, in addition to in- also noted that, in the view of the United would cover it’’. 15 fringing the principles and objectives under- States, Article XXI applied to any action At the Third Session in 1949, Czecho- lying the GATT, these measures were in vio- which the contracting party taking it con- slovakia requested a decision under Article lation of Articles I;1, II, XI:1, XIII, and Part sidered necessary for the protection of its es- XXIII as to whether the US had failed to IV. The legal aspects of these trade restric- sential security interests and that the Panel, carry out its obligations under Articles I and tions affecting Argentina were discussed ex- both by the terms of Article XXI and by its XIII, by reason of the 1948 US administration tensively in the Council.26 The measures mandate, was precluded from examining the of its export licensing controls (both short- were removed in June 1982. Argentina sought validity of the United States’ invocation of supply controls and new export controls in- an interpretation of Article XXI; these ef- Article XXI. stituted in 1948 discriminating between des- forts led to the inclusion of paragraph 7(iii) ‘‘The Panel did not consider the question tination countries for security reasons). The in the Ministerial Declaration of November of whether the terms of Article XXI pre- US stated that its controls for security rea- 1982, which provides that ‘‘. .. the contract- cluded it from examining the validity of the sons applied to a narrow group of exports of ing parties undertake, individually and November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16521 jointly: . . . to abstain from taking restric- cember the Community and its member parties had, in the past, invoked Article XXI tive trade measures, for reasons of a non-eco- states decided to apply selective measures in without there having been any notification nomic charter, not consistent with the Gen- favor of ‘‘those parties which contribute to or challenge to the situation in GATT.41 Ar- eral Agreement’’ 27 and also led to the adop- progress toward peace.’’ Economic sanctions gentina sought an interpretation of Article tion of the text below at page 559. or withdrawal of preferential benefits from XXI. Informal consultations took place dur- On 7 May 1985 the US notified the contract- the Yugoslavia were also taken by Australia, ing the Thirty-eighth Session in November ing parties of an Executive Order prohibiting Austria, Canada, Finland, Japan, New Zea- 1982 in connection with the adoption of the all imports of goods and services of Nica- land, Norway, Sweden, Switzerland, and the Council report to the Contracting Parties, in raguan origin, all exports from the US of United States. so far as it related to these trade restric- goods to or destined for Nicaragua (except At the Forty-seventh Session in December tions.42 As a result, on 30 November 1982 the those destined for the organized democratic 1991, Yugoslavia referred to the Decision of Contracting Parties adopted the following resistance) and transactions relating there- 1982 on notification of measures taken under ‘‘Decision Concerning Article XXI of the to. 28 In Council discussions of this matter, Article XXI (see page 559 below) and reserved General Agreement’’: Nicaragua stated that these measures con- its GATT rights. In February 1992 Yugoslavia ‘‘Considering that the exceptions envisaged travened Article I, II, V, XI, XIII and Part IV requested establishment of a panel under Ar- in Article XXI of the General Agreement of the GATT, and that ‘‘this was not a mat- ticle XXIII:2, stating that the measures constitute an important element for safe- ter of national security but one of coer- taken by the EC were inconsistent with Arti- guarding the rights of contracting parties cion’’.29 Nicaragua further stated that Arti- cles I, XXI and the Enabling Clause; departed when they consider that reasons of security cle XXI could not be applied in an arbitrary from the letter and intention of paragraph are involved; fashion; there had to be some correspondence 7(iii) of the Ministerial Decision of November ‘‘Noting that recourse to Article XXI could between the measures adopted and the situa- 1982; and impeded the attainment of the ob- constitute, in certain circumstances, an ele- tion giving rise to such adoption.30 Nica- jectives of the General Agreement. Yugo- ment of disruption and uncertainty for inter- ragua stated that the text of Article XXI slavia further stated: national trade and affect benefits accruing made it clear that the Contracting Parties ‘‘The situation in Yugoslavia is a specific to contracting parties under the General were competent to judge whether a situation one and does not correspond to the notion Agreement; of ‘‘war or other emergency in international and meaning of Article XXI (b) and (c). There ‘‘Recognizing that in taking action in relations’’ existed and requested that a is no decision or resolution of the relevant terms of the exceptions provided in Article Panel be set up under Article XXIII:2 to ex- UN body to impose economic sanctions XXI of the General Agreement, contracting amine the issue.31 The United States stated against Yugoslavia based on the reasoning parties should take into consideration the that its actions had been taken for national embodied in the UN Charger. . . . the ‘posi- interests of third parties which may be af- security reasons and were covered by Article tive compensatory measures’ applied by the fected; XXI:(b)(iii) of the GATT; and that this provi- European Community to certain parts of ‘‘That until such time as the Contracting sion left it to each contracting party to Yugoslavia [are] contrary to the MFN treat- Parties may decide to make a formal inter- judge what action it considered necessary for ment of ‘products originating in or destined pretation of Article XXI it is appropriate to the protection of its essential security inter- for the territories’—taken as a whole—‘of all set procedural guidelines for its application; est.32 The terms of reference of the Panel contracting parties’ ’’.35 The Contracting Parties decide that: precluded it from examining or judging the In March 1992, the Council agreed to estab- ‘‘1. Subject to the exception in Article validity of the invocation of Article lish a panel with the standard terms of ref- XXI:a, contracting parties should be in- XXI(b)(ii) by the U.S. Concerning the Panel erence unless, as provided in the Decision of formed to the fullest extent possible of trade decision on this issue, see page 555 and the 12 April 1989, the parties agreed otherwise measures taken under Article XXI. discussion of Article XXIII below. When the within twenty days.36 At the April 1992 Coun- ‘‘2. When action is taken under Article Council discussed the Panel Report, Nica- cil meeting, in discussion of the notification XXI, all contracting parties affected by such ragua requested that the Council recommend of the transformation of the Socialist Fed- action retain their full rights under the Gen- removal of the embargo; authorized special eral Republic of Yugoslavia (SFRY) into the eral Agreement. support measures for Nicaragua so that Federal Republic of Yugoslavia (FRY) con- ‘‘3. The Council may be requested to give countries wanting to do so could grant trade sisting of the Republics of Serbia and further consideration to this matter in due preferences aimed at re-establishing a bal- Montenegro, the EC representative said that course’’.43 ance in Nicaragua’s pre-embargo global until the question of succession to Yugo- See the references to this Decision above trade relations and at compensating Nica- slavia’s contracting party status had been in the case of EC measures on trade with ragua for the damage caused by the embargo; resolved, the Panel process which had been Yugoslavia. and prepare an interpretative note on Article initiated between the former SFRY and the XXI. Consensus was not reached on any of EC no longer had any foundation and could B. Relationship between article XXI and other articles of the General Agreement these alternatives. The Panel Report has not not proceed.37 At the May 1992 Council meet- been adopted. At the meeting of the Council ing, in a discussion concerning the status of 1. Articles I and XIII: on 3 April 1990 Nicaragua announced the lift- the FRY as a successor to the former SFRY During the discussion at the Third Session ing of the trade embargo. The representative as a contracting party, the Chairman stated of the complaint of Czechoslovakia that U.S. of the US announced that the conditions that ‘‘In these circumstances, without preju- export controls were administered inconsist- which had necessitated action under Article dice to the question of who should succeed ently with Articles I and XIII (see page 556), XXI had ceased to exist, his country’s na- the former SFRY in the GATT, and until the the US representative stated that these re- tional security emergency with respect to Council returned to this issue, he proposed strictions were justified under Article Nicaragua had been terminated, and all eco- that the representative of the FRY should XXI(b)(ii). In calling for a decision, the nomic sanctions, including the trade embar- refrain from participating in the business of Chairman indicated that Article XXI ‘‘em- go, had been lifted.33 the Council’’. The Council so agreed.38 At the bodied exceptions to the general rule con- In November 1991, the European Commu- June 1993 Council meeting this decision was tained in Article I’’. In a Decision of 8 June nity notified the contracting parties that the modified taking into account United Nations 1949 under Article XXIII:2, the Contracting EC and its member States had decided to General Assembly Resolution 47/1 to provide Parties rejected the contention of the Czech- adopt trade measures against Yugoslavia that the FRY could not continue automati- oslovak delegation.44 ‘‘on the grounds that the situation prevail- cally the contracting party status of the 2. Article XXIII: ing in Yugoslavia no longer permits the pref- former SFRY and that it shall not partici- During discussions in Geneva in 1947 in erential treatment of this country to be pate in the work of the Council and its sub- connection with the removal of the provi- upheld. Therefore, as from 11 November, im- sidiary bodies.39 sions now contained in Article XXI and their ports from Yugoslavia into the Community 4. Other invocations of Article XXI: relocation in a separate exception (Article are applied m.f.n. treatment . . . These The United States embargo on trade with 94) at the end of the Charter, the question measures are taken by the European Com- Cuba, which was imposed by means of Proc- was raised whether the dispute settlement munity upon consideration of its essential lamation 3447 by the President of the United provisions of Article 35 of the New York security interests and based on GATT Arti- States, dated 3 February 1962, was not for- Draft [XXII/XXIII] would nevertheless apply. cle XXI.’’34 The measures comprised suspen- mally raised in the Contracting Parties but It was stated that ‘‘It is true that an action sion of trade concessions granted to the So- notified by Cuba in the inventory of non-tar- taken by a Member under Article 94 could cialist Federal Republic of Yugoslavia under iff measures. The United States invoked Ar- not be challenged in the sense that it could its bilateral trade agreement with the EC; ticle XXI as justification for its action.40 not be claimed that a Member was violating application of certain limitations (pre- 5. Procedures concerning notification of the Charter; but if that action, even though viously suspended) to textile imports from measures under Article XXI: not in conflict with the terms of Article 94, Yugoslavia; withdrawal of GSP benefits; sus- During the Council discussion in 1982 of should affect another Member, I should pension of similar concessions and GSP ben- trade measures for non-economic reasons think that that Member would have the efits for ECSC products; and action to de- taken against Argentina (see page 557), it right to seek redress of some kind under Ar- nounce or suspend the application of the bi- was stated by the countries taking these ticle 37 as it now stands. In other words, lateral trade agreements between the EC and measures that ‘‘Article XXI did not mention there is no exception from the application of its member states and Yugoslavia. On 2 De- notification’’ and that many contracting Article 35 to this or any other Article’’.45 The S 16522 CONGRESSIONAL RECORD — SENATE November 1, 1995 addition of a note to clarify that the provi- reached at the Council on 10 October 1985 provisions excepting arrangements relating sions of paragraph 2 of Article 35 [XXIII] ap- that the Panel cannot examine or judge the to fissionable materials; to the traffic in plied to Article 94 was rejected as unneces- validity of or motivation for the invocation arms, ammunition and implements of war sary.46 of Article XXI(b)(iii) by the United States, of and traffic in goods and materials for the See the discussion above of the Czechoslo- the relevant provisions of the Understanding purpose of supply a military establishment; vak complaint concerning export controls, in Regarding Notification, Consultation, Dis- or in time of war or other emergency in which the Contracting Parties make a deci- pute Settlement and Surveillance (BISD 26S/ international relations, to the protection of sion under Article XXIII:2 as to ‘‘whether the 211–218), and of the agreed Dispute Settle- the essential security interests of a member Government of the United States had failed ment Procedures contained in the 1982 Min- (Article 49:2, US Draft; Article 59(2), London to carry out its obligations under the Agree- isterial Declaration (BISD 29S/13–16), the Draft; article 59(c), New York Draft). At Ge- ment through its administration of the issue measures taken by the United States on 7 neva it was decided to take paragraphs (c), of export licences’’.47 May 1985 and their trade effects in order to (d), (e) and (k) of Article 37 and place them During the discussion of the trade restric- establish to what extent benefits accruing to in a separate Article. 61 It was agreed that tions affecting Argentina applied for non- Nicaragua under the General Agreement this Article would be a general exception ap- economic reasons, the view was expressed have been nullified or impaired, and to make plicable to the entire Charter. 62 The cor- ‘‘that the provisions of Article XXI were sub- such findings as will assist the Contracting responding security exception was also re- ject to those of Article XXIII:2’’. Argentina Parties in further action in this matter’’.55 moved from the commodity chapter. The se- reserved its rights under Article XXIII in re- In the Panel Report on ‘‘United States— curity exception provisions became Article spect of any injury resulting from trade re- Trade Measures affecting Nicaragua’’, which 94 in Chapter VII of the Geneva draft Char- strictions applied in the context of Article has not been adopted, the Panel noted the ter, which was virtually identical to the XXI.48 different views of the parties regarding present text of Article XXI. Paragraph 2 of the ‘‘Decision Concerning whether the United States’ invocation of Ar- The text of Article 94 was extensively dis- Article XXI of the General Agreement’’ of 30 ticle XXI(b)(iii) was proper, and concluded cussed at Havana in the Sixth Committee on November 1982 stipulates that ‘‘. . . when ac- that this issue was not within its terms of Organization. Article 94 became Article 99 of tion is taken under Article XXI, all contract- reference; see above at page 555. With regard the Charter on General Exceptions, of which ing parties affected by such action retain to Nicaragua’s claim of non-violation nul- paragraphs 1(a) and (b) were almost identical their full rights under the General Agree- lification or impairment, the Panel ‘‘decided to those of Article XXI, the only differences ment’’.49 not to propose a ruling in this case on the being (i) an addition in the first line of para- The 1984 Panel Report on ‘‘United States— basic question of whether actions under Arti- Imports of Sugar from Nicaragua’’ examined graph (b) as follows: ‘‘to prevent any Member cle XXI could nullify or impair GATT bene- from taking, either singly or with other the action taken by the US government to fits of the adversely affected contracting reduce the share of the US sugar import States, any action . . .’’, and (ii) an addition party’’.56 to paragraph (b)(ii) as follows: ‘‘a military quota allocated to Nicaragua and distribute When the Panel’s report was discussed by the reduction in Nicaragua’s allocation to El establishment of any other country’’. Article the Council in November 1986, the US rep- 99 also included a paragraph 1(c) exempting Salvador, Honduras and Costa Rica. The resentative stated that ‘‘Nullification or im- Panel Report notes that ‘‘The United States intergovernmental military supply agree- pairment when no GATT violation had been ments 63; a paragraph 1(d) on trade relations stated that it was neither invoking any ex- found was a delicate issue, linked to the con- ceptions under the provisions of the General between India and Pakistan (dealt with in cept of ‘reasonable expectations’. It was not the General Agreement by the provisions of Agreement nor intending to defend its ac- simply a question of trade damage, since no tions in GATT terms . . . the action of the Article XXIV:11); and a paragraph 2 provid- one doubted the existence of trade damage. ing that nothing in the Charter would over- United States did of course affect trade, but Applying the concept of ‘reasonable expecta- 50 ride the provisions of peace treaties result- was not taken for trade policy reasons.’’ tions’ to a case of trade sanctions motivated ‘‘The Panel noted that the measures taken ing from the Second World War or UN instru- by national security considerations would be by the United States concerning sugar im- ments creating trust territories or other spe- particularly perilous, since at a broader level ports from Nicaragua were but one aspect of cial regimes. those security considerations would never- a more general problem. The Panel, in ac- However, ‘‘on examining several of the pro- theless enter into expectations . . . the cordance with its terms of reference . . . ex- posals submitted by delegations relating to Panel had acted wisely in refraining from a amined those measures solely in the light of action taken in connection with political decision that could create a precedent of the relevant GATT provisions, concerning it- matters or with the essential interests of much wider ramifications for the scope of self only with the trade issue under dis- Members, the Committee concluded that the GATT rights and obligations . . .’’.57 The pute.’’ 51 provisions regarding such action should be ‘‘. . . The Panel . . . concluded that the representative of Nicaragua stated that her made in connection with an article on ‘Rela- sugar quota allocated to Nicaragua for the delegation could not support adoption of the tions with the United Nations’, since the fiscal year 1983/84 was inconsistent with the report, inter alia because it could only be question of the proper allocation of respon- United States’ obligations under Article adopted once the Council was in a position to sibility as between the Organization and the 58 XIII:2. make recommendations. United Nations was involved’’, 64 Accordingly ‘‘The Panel noted that the United States C. Relationship between article XXI and general a new Article 86 of the Charter on ‘‘Relations had not invoked any of the exceptions pro- international law with the United Nations’’ was drafted, in- vided for in the General Agreement permit- The 1986 Panel Report on ‘‘United States— cluding the former paragraph 1(c) of Article ting discriminatory quantitative restrictions Trade Measures Affecting Nicaragua’’, which 94 [XXI:(c)]. contrary to Article XXIII. The Panel did not has not been adopted, noted the different Article 86 of the Charter dealt with various examine whether the reduction in views of the parties to the dispute concern- institutional questions such as the conclu- Nicaragua’s quota could be justified under ing the relationship between Article XXI and sion of a specialized agency agreement be- any such provision.’’ 52 general international law including decisions tween the ITO and the UN. It also stated, in The follow-up on the Panel report was dis- of the United Nations and the International paragraph 3, that: cussed in the Council meetings of May and Court of Justice.59 ‘‘3. The Members recognize that the Orga- July 1984. The United States said that it In discussion at the Forty-seventh Session nization should not attempt to take action ‘‘had not obstructed Nicaragua’s resort to in December 1991 concerning trade measures which would involve passing judgment in GATT’s dispute settlement process; it had for non-economic purposes against Yugo- any way on essentially political matters. Ac- stated explicitly the conditions under which slavia, the representative of India stated cordingly, and in order to avoid conflict of the issue might be resolved; and it recog- that ‘‘India did not favour the use of trade responsibility between the United Nations nized that Nicaragua had certain rights measures for non-economic reasons. Such and the Organization with respect to such under Article XXIII which it had reserved measures should only be taken within the matters, any measure taken by a Member di- and could continue to exercise’’.53 Nicaragua framework of a decision by the United Na- rectly in connection with a political matter stated that it was aware of its rights under tions Security Council. In the absence of brought before the United Nations in accord- Article XXIII. such a decision or resolution, there was seri- ance with the provisions of Chapters IV or VI In July 1985, following a request by Nica- ous risk that such measures might be unilat- ragua for the establishment of a panel to re- of the United Nations Charter shall be eral or arbitrary and would undermine the deemed to fall within the scope of the United view certain US trade measures affecting multilateral trading system’’. 60 Nicaragua, the right of a contracting party Nations, and shall not be subject to the pro- to invoke Article XXIII in cases involving III. PREPARATORY WORK visions of this Charter. Article XXI was discussed again in the GATT In the US Draft Charter, and London and ‘‘4. No action, taken by a Member in pursu- Council.54 At its meetings in October 1985 New York Draft Charter texts, the Article on ance of its obligations under the United Na- and March 1986 respectively the Council es- exceptions to the commercial policy chapter tions Charter for the maintenance or res- tablished a panel with the following terms of included the provisions of what is now GATT toration of international peace and security, reference to deal with the complaint by Article XXI (see Article 32, US draft; Article shall be deemed to conflict with the provi- Nicaragua: 37, London and New York drafts). Also in sions of this Charter’’. ‘‘To examine, in the light of the relevant these drafts, the exceptions clause for the The interpretative notes to paragraph 3 GATT provisions, of the understanding chapter on commodity agreements included provided that: November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16523 ‘‘1. If any Member raises the question never been amended. Amendment of Article 60 SR.47/3, p. 5. whether a measure is in fact taken directly XXI was neither proposed nor discussed in 61 See proposal at EPCT/W/23, reports on discus- in connection with a political matter the 1954–55 Review Session. sions in Commission A (commercial policy) at brought before the United Nations in accord- EPCT/WP.1/SR/11, EPCT/103 p. 3, EPCT/A/PV/25 p. 38– IV. RELEVANT DOCUMENTS 42. ance with the provisions of Chapters IV or VI Geneva: 62 EPCT/A/PV/25 p. 39–42. of the United Nations Charter, the respon- Discussion: EPCT/WP.1/SR/11, EPCT/A/SR/ 63 See Havana Reports, p. 118, para. 32 and p. 145– sibility for making a determination on the 25, 30, 33, 40(2), EPCT/A/PV/25, 30, 33, 40(2). 147. question shall rest with the Organization. If, Reports: EPCT/103. 64 Havana Reports, p. 153, para. (a). however, political issues beyond the com- Other: EPCT/W/23. 65 Havana Reports, p. 153–154, paras. (b)-(c). 66 petence of the Organization are involved in Havana: GATT/CP.6/SR.12, p. 4. making such a determination, the question Discussion: E/CONF.2/C.5/SR.14, E/CONF.2/ f shall be deemed to fall within the scope of C.6/SR.18, 19, 37, and Add. 1. the United Nations. Reports: E/CONF.2/C.5/14, E/CONF.2/C.6/45, NOTE ‘‘2. If a Member which has no direct politi- 93, 104. cal concern in a matter brought before the Other: E/CONF.2/C.6/12/Add.9, E/CONF.2/C.6/ In the RECORD of October 27, at page United Nations considers that a measure W/48. S16007, during consideration of the bal- taken directly in connection therewith and See also London, New York and Geneva anced budget reconciliation bill, Mr. falling within the scope of paragraph 3 of Ar- document references concerning Article XX. LIEBERMAN moved to commit the bill ticle 86 constitutes a nullification or impair- FOOTNOTES to the Finance Committee with in- ment within the terms of paragraph 1 of Ar- 1 ticle 93, it shall seek redress only by EPCT/A/PV/33, p. 20–21 and Corr. 1; see also EPCT/ structions to report the bill back to A/SR/33, p. 3. the Senate with an amendment. The recource to the procedures set forth in Chap- 2 GATT/CP.3/SR.22, Corr. 1. ter VIII of this Charter’’. 3 SR.19/12, p. 196. text of the amendment was not printed The purpose of these provisions was ex- 4 C/M/157, p. 10. in the RECORD. The permanent RECORD plained by the Sixth Committee as follows: 5 C/M/157, p. 11. will be corrected to reflect the follow- ‘‘Paragraph 3 of Article [86], which like 6 C/M/159, p. 19; see also C/M/157, p. 8. ing omitted language. paragraph 4 is independent in its operation, 7 C/M/157, p. 12; C/M/159, pp. 14–15. is designed to deal with any measure which 8 L/5424, adopted on 29 November 1982, 29S/9, 11. MOTION TO COMMIT WITH INSTRUCTIONS 9 is directly in connection with a political C/M/188, pp. 2–16; C/M/191, pp. 41–46. Mr. President, I move to commit the bill S. matter brought before the United Nations in 10 C/M/196 at p. 7. 11 L/6053, dated 13 October 1953 (unadopted), paras. 1357 to the Committee on Finance with in- a manner which will avoid conflict of respon- 5.1–5.3. structions to report the bill back to the Sen- sibility between the United Nations and the 12 GATT/CP.3/38, p. 9. ate within 3 days (not to include any day the Organization with respect to political mat- 13 L/5426, 29S/23–24, para. 1. Senate is not in session) with the following ters. The Committee agreed that this provi- 14 EPCT/A/PV/33, p. 29; see also EPCT/A/PV/33/Corr. amendment, and to make sufficient reduc- sion would cover measures maintained by a 3. tions in the tax cuts to maintain deficit neu- 15 Member even though another Member had EPCT/A/PV/36, p. 19; see also proposal referred to trality. brought the particular matter before the at EPCT/W/264. 16 United Nations, so long as the measure was GATT/CP.3/38; GATT/CP.3/SR.22, p. 8. (Purpose: To restore the solvency of the 17 GATT/CP.3/SR.22, p. 4–5. taken directly in connection with the mat- Medicare part A Hospital Insurance Trust 18 GATT/CP.3/SR.20, p. 3–4. Fund for the next 10 years. To reform the ter. It was also agreed that such a measure, 19 GATT/CP.3/SR.22, p. 9; Decision of 8 June 1949 at Medicare Program and provide real choices as well as the political matter with which it II/28. was directly connected, should remain with- 20 L/3362, adopted on 27 February 1970, 17S/33, 39, to Medicare beneficiaries by increasing the in the jurisdiction of the United Nations and para. 22. range of health plans available, providing not within that of the Organization. The 21 Ibid., 17S/40, para. 23. better information so that beneficiaries Committee was of the opinion that the im- 22 L/4250, p. 3. can act as informed consumers and to re- 23 portant thing was to maintain the jurisdic- C/M/109, p. 8–9. quire strategic planning for the demo- 24 L/4250/Add.1; L/4254, p. 17–18. graphic changes that will come with the tion of the United Nations over political 25 L/5319/Rev. 1. retirement of the ‘‘babyboom’’ generation) matters and over economic measures of this 26 L/5317, L/5336; C/M/157, C/M/159. sort taken directly in connection with such 27 L/5424. adopted on 29 November 1982, 29S/9, 11. On page 442, beginning on line 1, strike all a political matter, and nothing in Article 28 L/5803. through page 748, line 18, and insert: [86] could be held to prejudice the freedom of 29 C/M/188l p. 4. Subtitle A—Medicare action of the United Nations to settle such 30 C/M/188, p. 16. matters and to take steps to deal with such 31 L/5802; C/M/191, pp. 41–46. SEC. 7001. SHORT TITLE; TABLE OF CONTENTS. 32 C/M/191, pp. 41,46. economic measures in accordance with the (a) SHORT TITLE.—This subtitle may be 33 C/M/240, p. 31; L/6661. provisions of the Charter of the United Na- 34 L/6948. cited as the ‘‘Medicare Improvement and tions if they see fit to do so. 35 DS27/2, dated 10 February 1992. Solvency Protection Act of 1995’’. ‘‘It was the view of the Committee that the 36 C/M/255, p. 18. (b) TABLE OF CONTENTS.—The table of con- word ‘measure’ in paragraph 3 of Article [86] 37 C/M/256, p. 32. tents of this subtitle is as follows: refers only to a measure which is taken di- 38 C/M/257 p. 3 and Corr. 1. CHAPTER 1—PROVISIONS TO IMPROVE AND rectly in connection with a political matter 39 C/M/264, p. 3. brought before the United Nations in accord- 40 COM.IND/6/Add.4, p. 53 (notification); MTN/3B/4, EXPAND MEDICARE CHOICES ance with Chapters IV and VI of the Charter p. 559 (response citing binding reolution under Inter- Sec. 7002. Increasing choice under medicare. American Treaty of Reciprocal Assistance). See also of the United Nations and does not refer to Council discussion May 1986 concerning US meas- Sec. 7003. Provisions relating to medicare 65 any other measure’’. ures authorizing denial of sugar import quota to any coordinated care contracting The Charter provisions in Articles 86 and 99 failing to certify that it does not import sugar pro- options. were not not taken into the General Agree- duced in Cuba for re-export to the US, stated by US Sec. 7004. Provisions relating to medicare ment. While Article XXIX:1 provides that to be a ‘‘procedural safeguard’’ against tran-ship- supplemental policies. ‘‘The contracting parties undertake to ob- ment of sugar in violation of the embargo; C/M/198 p. Sec. 7005. Special rule for calculation of pay- 33, L/5980. serve . . . the general principles of Chapters ment rates for 1996. I to VI and of Chapter IX of the Havana 41 C/M/159, p. 18. 42 Sec. 7006. Graduate medical education and Charter’’, the Note Ad Article XXIX:1 pro- See L/5414 (Council report); see also C/W/402, W.38/5, L/5426. disproportionate share payment vides that ‘‘Chapters VII and VIII . . . have 43 L/5426, 29S/23. adjustments to hospitals pro- been excluded from paragraph 1 because they 44 GATT/CP.3/SR.22, p. 9; II/28. viding services to enrollees in generally deal with the organization, func- 45 EPCT/A/PV/33, p. 26–27. eligible organizations. tions and procedures of the International 46 EPCT/A/PV/33 p. 27–29 and EPCT/A/PV/33/Corr. 3. Sec. 7007. Effective date. Trade Organization’’. In this connection, 47 GATT/CP.3/SR.22, p. 9. during the discussion at the Sixth Session of 48 C/M/157, p. 9; C/M/159, p. 14; C/M/165, p. 18. CHAPTER 2—PROVISIONS RELATING TO QUAL- 49 the Contracting Parties of the US suspension 29S/24. ITY IMPROVEMENT AND DISTRIBUTION OF IN- 50 L/5607, adopted on 13 March 1984, 31S/67, 72, para. FORMATION of trade relations with Czechoslovakia it was 3.10. stated with reference to Article 86, para- 51 Ibid., 31S/73, para. 4.1. Sec. 7011. Quality report cards. graph 3 of the Havana Charter that ‘‘al- 52 Ibid., 31S/74, paras. 4.4–4.5. CHAPTER 3—PROVISIONS TO STRENGTHEN though Chapter VII of the Charter was not 53 C/M/178, p. 27. RURAL AND UNDER-SERVED AREAS specifically included by reference in Article 54 C/M/191, pp. 41–46. XXIX of the Agreement, it had surely been 55 C/M/196, p. 7. Sec. 7021. Rural referral centers. 56 the general intention that the principles of L/6053 (unadopted), dated 13 October 1986, paras. Sec. 7022. Medicare-dependent, small, rural 5.4–5.11. hospital payment extension. the Charter should be guiding ones for the 57 C/M/204. Contracting Parties’’.66 58 C/M/204. See also communication from Nicaragua Sec. 7023. PROPAC recommendations on The present text of Article XXI dates from at C/W/506. urban medicare dependent hos- the 30 October 1948 Geneva Final Act. It has 59 L/6053, unadopted, dated 13 October 1986, prs. 5.2. pitals. S 16524 CONGRESSIONAL RECORD — SENATE November 1, 1995 Sec. 7024. Payments to physician assistants Sec. 7086. Obstruction of criminal investiga- Sec. 7176. PPS-exempt capital payments. and nurse practitioners for tions, audits, or inspections of Sec. 7177. Prohibition of PPS exemption for services furnished in outpatient Federal health care offenses. new long-term hospitals. or home settings. Sec. 7087. Theft or embezzlement. Sec. 7178. Revision of definition of transfers Sec. 7025. Improving health care access and Sec. 7088. Laundering of monetary instru- from hospitals to post-acute fa- reducing health care costs ments. cilities. through telemedicine. Sec. 7089. Authorized investigative demand Sec. 7179. Direction of savings to hospital in- Sec. 7026. Establishment of rural health out- procedures. surance trust fund. reach grant program. PART VI—STATE HEALTH CARE FRAUD PART II—SKILLED NURSING FACILITIES Sec. 7027. Medicare rural hospital flexibility CONTROL UNITS program. Sec. 7181. Prospective payment for skilled Sec. 7091. State health care fraud control Sec. 7028. Parity for rural hospitals for dis- nursing facilities. units. proportionate share payments. Sec. 7182. Maintaining savings resulting PART VII—MEDICARE/MEDICAID BILLING from temporary freeze on pay- CHAPTER 4—GENERAL PROGRAM ABUSE PREVENTION ment increases for skilled nurs- IMPROVEMENTS AND REFORM Sec. 7101. Uniform medicare/medicaid appli- ing facilities. Sec. 7031. Increased flexibility in contract- cation process. Sec. 7183. Consolidated billing. ing for medicare claims proc- Sec. 7102. Standards for uniform claims. SUBCHAPTER B—PROVISIONS RELATING TO PART essing. Sec. 7103. Unique provider identification B Sec. 7032. Expansion of centers of excellence. code. Sec. 7184. Physician update for 1996. Sec. 7033. Selective contracting. Sec. 7104. Use of new procedures. Sec. 7185. Practice expense relative value CHAPTER 5—REDUCTION OF WASTE, FRAUD, Sec. 7105. Required billing, payment, and units. AND ABUSE cost limit calculation to be Sec. 7186. Correction of MVPS upward bias. SUBCHAPTER A—IMPROVING COORDINATION, based on site where service is Sec. 7187. Limitations on payment for physi- COMMUNICATION, AND ENFORCEMENT furnished. cians’ services furnished by PART I—MEDICARE ANTI-FRAUD AND ABUSE SUBCHAPTER B—ADDITIONAL PROVISIONS TO high-cost hospital medical PROGRAM COMBAT WASTE, FRAUD, AND ABUSE staffs. Sec. 7188. Elimination of certain anomalies Sec. 7041. Medicare anti-fraud and abuse PART I—WASTE AND ABUSE REDUCTION in payments for surgery. program. Sec. 7111. Prohibiting unnecessary and Sec. 7189. Upgraded durable medical equip- Sec. 7042. Application of certain health anti- wasteful medicare payments for ment. fraud and abuse sanctions to certain items. fraud and abuse against Federal Sec. 7112. Application of competitive acqui- SUBCHAPTER C—PROVISIONS RELATING TO health programs. sition process for Part B items PARTS A AND B Sec. 7043. Health care fraud and abuse pro- and services. PART I—SECONDARY PAYOR vider guidance. Sec. 7113. Interim reduction in excessive Sec. 7189A. Extension and expansion of ex- Sec. 7044. Medicare/medicaid beneficiary payments. isting medicare secondary protection program. Sec. 7114. Reducing excessive billings and payor requirements. Sec. 7045. Medicare benefit quality assur- utilization for certain items. PART II—HOME HEALTH AGENCIES ance. Sec. 7115. Improved carrier authority to re- Sec. 7046. Medicare benefit integrity system. duce excessive medicare pay- Sec. 7189B. Interim payments for home health services. PART II—REVISIONS TO CURRENT SANCTIONS ments. Sec. 7189C. Prospective payments. FOR FRAUD AND ABUSE Sec. 7116. Effective date. Sec. 7189D. Maintaining savings resulting PART II—MEDICARE BILLING ABUSE Sec. 7051. Mandatory exclusion from partici- from temporary freeze on pay- PREVENTION pation in medicare and State ment increases. health care programs. Sec. 7121. Implementation of General Ac- Sec. 7189E. Elimination of periodic interim Sec. 7052. Establishment of minimum period counting Office recommenda- payments for home health of exclusion for certain individ- tions regarding medicare agencies. uals and entities subject to per- claims processing. Sec. 7189F. Effective date. missive exclusion from medi- Sec. 7122. Minimum software requirements. care and State health care pro- Sec. 7123. Disclosure. CHAPTER 1—PROVISIONS TO IMPROVE grams. Sec. 7124. Review and modification of regu- AND EXPAND MEDICARE CHOICES Sec. 7053. Permissive exclusion of individ- lations. SEC. 7002. INCREASING CHOICE UNDER MEDI- uals with ownership or control Sec. 7125. Definitions. CARE. interest in sanctioned entities. PART III—REFORMING PAYMENTS FOR (a) IN GENERAL.—Title XVIII is amended by Sec. 7054. Sanctions against practitioners AMBULANCE SERVICES inserting after section 1804 the following new and persons for failure to com- section: Sec. 7131. Reforming payments for ambu- ply with statutory obligations. ‘‘PROVIDING FOR CHOICE OF COVERAGE Sec. 7055. Sanctions against providers for ex- lance services. ‘‘SEC. 1805. (a) CHOICE OF COVERAGE.— cessive fees or prices. PART IV—REWARDS FOR INFORMATION ‘‘(1) IN GENERAL.—Subject to the provisions Sec. 7056. Applicability of the bankruptcy Sec. 7141. Rewards for information leading of this section, every individual who is enti- code to program sanctions. to health care fraud prosecu- tled to benefits under part A and enrolled Sec. 7057. Agreements with peer review orga- tion and conviction. under part B shall elect to receive benefits nizations for medicare coordi- CHAPTER 6—ESTABLISHMENT OF COMMISSION under this title through one of the following: nated care organizations. TO PREPARE FOR THE 21ST CENTURY ‘‘(A) THROUGH TRADITIONAL MEDICARE SYS- Sec. 7058. Effective date. Sec. 7161. Establishment. TEM.—Through the provisions of parts A and PART III—ADMINISTRATIVE AND Sec. 7162. Duties of the Commission. B (hereafter in this section, referred to as MISCELLANEOUS PROVISIONS Sec. 7163. Powers of the Commission. the ‘traditional medicare option’). Sec. 7061. Establishment of the health care Sec. 7164. Commission personnel matters. ‘‘(B) THROUGH AN ELIGIBLE ORGANIZATION.— fraud and abuse data collection Sec. 7165. Termination of the Commission. Through an eligible organization with a con- program. Sec. 7166. Funding for the Commission. tract under part C. Sec. 7062. Inspector general access to addi- CHAPTER 7—MEASURES TO IMPROVE THE ‘‘(b) PROCESS FOR EXERCISING CHOICE.— tional practitioner data bank. SOLVENCY OF THE TRUST FUNDS ‘‘(1) IN GENERAL.—The Secretary shall es- Sec. 7063. Corporate whistleblower program. tablish a process through which elections de- SUBCHAPTER A—PROVISIONS RELATING TO PART scribed in subsection (a) are made and PART IV—CIVIL MONETARY PENALTIES A changed, including the form and manner in Sec. 7071. Social Security Act civil mone- PART I—GENERAL PROVISIONS which such elections are made and changed. tary penalties. Sec. 7171. PPS hospital payment update. Such elections shall be made or changed dur- PART V—CHAPTER 5—AMENDMENTS TO Sec. 7172. Modification in payment policies ing enrollment periods specified under part CRIMINAL LAW regarding graduate medical C. Sec. 7081. Health care fraud. education. ‘‘(4) DEFAULT.— Sec. 7082. Forfeitures for Federal health care Sec. 7173. Elimination of DSH and IME for ‘‘(A) INITIAL ELECTION.— offenses. outliers. ‘‘(i) IN GENERAL.—Subject to clause (ii), an Sec. 7083. Injunctive relief relating to Fed- Sec. 7174. Capital payments for PPS inpa- individual who fails to make an election dur- eral health care offenses. tient hospitals. ing an open enrollment period described in Sec. 7084. Grand jury disclosure. Sec. 7175. Treatment of PPS-exempt hos- section 1852(b)(3) is deemed to have chosen Sec. 7085. False Statements. pitals. the traditional medicare option. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16525

‘‘(ii) SEAMLESS CONTINUATION OF COV- ‘‘(i) IN GENERAL.—Private managed or co- for the provision of health care services to ERAGE.—The Secretary shall establish proce- ordinated care plans which provide health enrolled members by a payment which is dures under which individuals who are en- care services through an integrated network paid on a periodic basis without regard to rolled with an eligible organization at the of providers, including— the date the health care services are pro- time of an open enrollment period described ‘‘(I) qualified health maintenance organi- vided and which is fixed without regard to in section 1852(b)(3) and who fail to elect to zations as defined in section 1310(d) of the the frequency, extent, or kind of health care receive coverage other than through the or- Public Health Service Act; and service actually provided to a member. ganization are deemed to have elected to ‘‘(II) beginning with services provided on ‘‘(iii) The entity provides physicians’ serv- have enrolled in a plan offered by the organi- or after January 1, 1997, preferred provider ices primarily— zation. organization plans, point of service plans, ‘‘(I) directly through physicians who are ‘‘(B) CONTINUING PERIODS.—An individual provider-sponsored network plans, or other either employees or partners of such organi- who has made (or deemed to have made) an integrated health plans (subject to approval zation, or election under this section is considered to by the Secretary). ‘‘(II) through contracts with individual have continued to make such election until ‘‘(ii) REQUIREMENTS FOR CERTAIN COORDI- physicians or one or more groups of physi- such time as— NATED CARE PLANS.—A coordinated care plan cians (organized on a group practice or indi- described in clause (i)(II) shall meet the fol- ‘‘(i) the individual changes the election vidual practice basis). lowing requirements: under this section, or ‘‘(iv) The entity assumes full financial risk ‘‘(I) The plan shall be in the business of ‘‘(ii) an eligible organization’s plan is dis- on a prospective basis for the provision of providing a plan of health insurance or continued, if the individual had elected such the health care services listed in clause (i), health benefits and be organized under the plan at the time of the discontinuation. except that such entity may— ‘‘(5) AGREEMENTS WITH COMMISSIONER OF SO- laws of any State. ‘‘(II) The plan shall provide physician’s ‘‘(I) obtain insurance or make other ar- CIAL SECURITY TO PROMOTE EFFICIENT ADMIN- rangements for the cost of providing to any ISTRATION.—In order to promote the efficient services directly or through physicians who are either employees or partners of such an enrolled member health care services listed administration of this section and the pro- in clause (i) the aggregate value of which ex- gram under part C, the Secretary may enter organization or through contracts or agree- ments with individual physicians or one or ceeds $5,000 in any year, into an agreement with the Commissioner of ‘‘(II) obtain insurance or make other ar- Social Security under which the Commis- more groups of physicians. ‘‘(III) The plan has made adequate provi- rangements for the cost of health care serv- sioner performs administrative responsibil- ice listed in clause (i) provided to its en- ities relating to enrollment and sion against the risk of insolvency, which provision is satisfactory to the Secretary. rolled members other than through the en- disenrollment in eligible organizations under tity because medical necessity required their this section.’’. ‘‘(IV) The plan has effective procedures, satisfactory to the Secretary, to monitor provision before they could be secured (b) EFFECTIVE DATE.—The amendments through the entity, made by this section shall apply with respect utilization and to control the costs of serv- ‘‘(III) obtain insurance or make other ar- to contracts effective on and after January 1, ices. rangements for not more than 90 percent of 1997. ‘‘(V) The plan shall offer all services cov- ered under parts A and B (or B only, as appli- the amount by which its costs for any of its SEC. 7003. PROVISIONS RELATING TO MEDICARE cable) and such preventive health services fiscal years exceed 115 percent of its income COORDINATED CARE CONTRACTING OPTIONS. designated by the Secretary under section for such fiscal year, and 1853(a)(1). ‘‘(IV) make arrangements with physicians (a) IN GENERAL.—Title XVIII is amended by ‘‘(VI) The plan shall provide all enrollees redesignating part C as part D and by insert- or other health professionals, health care in- under this part with a comprehensive out-of- ing after part B the following new part: stitutions, or any combination of such indi- plan service benefit (point-of-service) that viduals or institutions to assume all or part ‘‘PART C—PROVISIONS RELATING TO allows enrollees to obtain all services cov- of the financial risk on a prospective basis MEDICARE COORDINATED CARE CON- ered under parts A and B (or B only, as appli- for the provision of basic health services by TRACTING OPTIONS cable) and such preventive health services the physicians or other health professionals ‘‘DEFINITIONS designated by the Secretary under section or through the institutions. ‘‘SEC. 1851. For purposes of this part: 1853(a)(1) from a provider with whom the ‘‘(v) The entity has made adequate provi- ‘‘(a) ADJUSTED COMMUNITY RATE.—The plan does not have a contract. sion against the risk of insolvency, which term ‘adjusted community rate’ for a service ‘‘(VII) The plan shall provide that cost- provision is satisfactory to the Secretary. or services means, at the election of an eligi- sharing for services described in subclause ‘‘(3) PROVIDER SPONSORED NETWORK.—The ble organization, either— (VI) may not exceed the deductibles and co- term ‘provider sponsored network’ has the ‘‘(A) the rate of payment for that service insurance amounts applicable to services meaning given such term in section 1858(a). or services which the Secretary annually de- under part A or B. ‘‘(c) CONTRACTS.—The term— termines would apply to a member enrolled ‘‘(VIII) A provider under contract with the ‘‘(1) ‘risk-sharing contract’ means a con- under this part with an eligible organization plan may not bill an enrollee under this part tract entered into under section 1856(b); and if the rate of payment were determined an amount in excess of the applicable cost- ‘‘(2) ‘reasonable cost reimbursement con- under a ‘community rating system’ (as de- sharing amount of the rate negotiated be- tract’ means a contract entered into under fined in section 1302(8) of the Public Health tween the provider and the plan. section 1856(c). Service Act, other than subparagraph (C)), or ‘‘(IX) The plan shall meet quality and ac- ‘‘(B) such portion of the weighted aggre- cess standards under this part. ‘‘(d) AREAS.— ‘‘(iii) POINT-OF-SERVICE OPTION.—Not later gate premium, which the Secretary annually ‘‘(1) PAYMENT AREA.— than January 1, 1996, the Secretary shall estimates would apply to a member enrolled ‘‘(A) IN GENERAL.—Subject to subparagraph issue guidelines that would permit a quali- under this part with the eligible organiza- (B), the term ‘payment area’ means an entire fied health maintenance organization (as de- tion, as the Secretary annually estimates is metropolitan statistical area or single state- fined in section 1310(d) of the Public Health attributable to that service or services, wide area that does not include a metropoli- Service Act) to offer a point-of-service op- tan statistical area. but adjusted for differences between the uti- tion under a risk-sharing contract under this ‘‘(B) EXCEPTION.—The Secretary may mod- lization characteristics of the members en- part. ify the geographic area covered by a pay- rolled with the eligible organization under ‘‘(B) COMPETITIVE MEDICAL PLAN.—A com- ment area if the application of paragraph (1) this part and the utilization characteristics petitive medical plan that meets the follow- would result in a substantial disruption of of the other members of the organization (or, ing requirements: if the Secretary finds that adequate data are ‘‘(i) The entity provides to enrolled mem- services provided to enrollees under this part not available to adjust for those differences, bers at least the following health care serv- by eligible organizations in an area. the differences between the utilization char- ices: ‘‘(2) SERVICE AREA.— acteristics of members in other eligible orga- ‘‘(I) Physicians’ services performed by phy- ‘‘(A) IN GENERAL.—Except as provided in nizations, or individuals in the area, in the sicians (as defined in section 1861(r)(1)). subparagraph (B), the term ‘service area’ State, or in the United States, eligible to en- ‘‘(II) Inpatient hospital services (except in means, with respect to an eligible organiza- roll under this part with an eligible organi- the case of an entity that had contracted tion, the payment area for such organiza- zation and the utilization characteristics of with a single State agency administering a tion. the rest of the population in the area, in the State plan approved under title XIX for the ‘‘(B) EXCLUSION.—The Secretary may per- State, or in the United States, respectively). provision of services (other than inpatient mit an organization’s service area to exclude ‘‘(b) ELIGIBLE ORGANIZATION.— services) to individuals eligible for such serv- any portion of a payment area (other than ‘‘(1) IN GENERAL.—The term ‘eligible orga- ices under such State plan on a prepaid risk the central county of a metropolitan statis- nization’ shall include any of the public or basis prior to 1970). tical area) if— private entities described in paragraph (2), ‘‘(III) Laboratory, X-ray, emergency, and ‘‘(i) the organization demonstrates that it organized under the laws of any State: preventive services. lacks the financial or administrative capac- ‘‘(2) ENTITIES DESCRIBED.—The entities de- ‘‘(IV) Out-of-area coverage. ity to serve the entire payment area; and scribed in this paragraph are the following: ‘‘(ii) The entity is compensated (except for ‘‘(ii) the Secretary finds that the composi- ‘‘(A) COORDINATED CARE PLANS.— deductibles, coinsurance, and copayments) tion of the organization’s service area does S 16526 CONGRESSIONAL RECORD — SENATE November 1, 1995

not reduce the financial risk to the organiza- Enrollment under this paragraph shall be ef- ‘‘(2) DISTRIBUTION OF COMPARATIVE MATE- tion of providing services to enrollees be- fective as specified by section 1838. RIALS BY SECRETARY.— cause of the health status or other demo- ‘‘(4) MOVED FROM GEOGRAPHIC AREA OR ‘‘(A) IN GENERAL.—The Secretary shall de- graphic characteristics of individuals resid- DISENROLLED FROM ANOTHER ORGANIZATION.— velop and distribute comparative materials ing in the service area (as compared to the Each eligible organization shall have an during the enrollment periods described in health status or demographic characteristics open enrollment period for each individual paragraphs (1) and (3) of subsection (b) to in- of individuals residing in the portion of the eligible to enroll under subsection (a) who dividuals eligible to enroll under this part. payment area which the organization seeks has previously resided outside the organiza- Such comparative materials shall present to exclude from its service area). tion’s service area or who has disenrolled comparative information (in a standardized ‘‘ELIGIBILITY, ENROLLMENT AND from another organization. The enrollment format and in language easily understand- DISENROLLMENT, AND INFORMATION period shall begin with the beginning of the able by the target population) about all eli- month that precedes the month in which the ‘‘SEC. 1852. (a) ELIGIBILITY FOR ENROLL- gible organizations with contracts under this individual becomes a resident of that service MENT.—Subject to the provisions of sub- part and medicare supplemental policies area or disenrolls from another plan and section (b), every individual entitled to bene- under section 1882 available in the individ- shall end at the end of the following month. fits under part A and enrolled under part B ual’s payment area. The Secretary shall allo- or enrolled under part B only (other than an Enrollment under this paragraph shall be ef- fective as of the first of the month following cate the costs for developing and distribut- individual medically determined to have ing such materials to such eligible organiza- end-stage renal disease) shall be eligible to the month in which the individual enrolls. ‘‘(5) PROCEDURES FOR ENROLLMENT AND tions and issues medicare supplemental poli- enroll under this part with any eligible orga- cies represented in such materials. nization with which the Secretary has en- DISENROLLMENT.—An individual may enroll under this part with an eligible organization ‘‘(B) MATERIAL DESCRIBED.—The compara- tered into a contract under this part and tive materials distributed under subpara- which serves the geographic area in which in such manner as may be prescribed in regu- graph (A) shall include where applicable, the individual resides. lations (including enrollment through a with respect to eligible organizations and ‘‘(b) COORDINATED OPEN ENROLLMENT PE- third party) and may terminate the individ- medicare supplemental policies, the follow- RIOD.— ual’s enrollment with the eligible organiza- ing information: ‘‘(1) IN GENERAL.—Each eligible organiza- tion as of the beginning of the first calendar tion must have an open enrollment period month following the date on which the re- ‘‘(i) Benefits, including maximums limita- (which shall be specified by the Secretary for quest is made for such termination (or, in tions and exclusions. each payment area), for the enrollment of in- the case of financial insolvency of the orga- ‘‘(ii) Premiums, cost-sharing, administra- dividuals under this part, of at least 30 days nization, as may be prescribed by regula- tive charges and availability of out-of-plan duration every year and including the period tions) or, in the case of such an organization services. or periods specified under paragraphs (2) with a reasonable cost reimbursement con- ‘‘(iii) Coordination of care. through (4), and must provide that at any tract, as may be prescribed by regulations. ‘‘(iv) Procedures for obtaining benefits in- time during which enrollments are accepted, In the case of an individual’s termination of cluding the locations, qualifications, and the organization will accept up to the limits enrollment, the organization shall provide availability of participating providers. of its capacity (as determined by the Sec- the individual with a copy of the written re- ‘‘(v) Grievance and appeal procedures, in- retary) and without restrictions, except as quest for termination of enrollment and a cluding the right to address grievances with may be authorized in regulations, individ- written explanation of the period (ending on the organization to the Secretary and the uals who are eligible to enroll under sub- the effective date of the termination) during appropriate peer review entity. section (a) in the order in which they apply which the individual continues to be enrolled ‘‘(vi) Programs for health promotion, the for enrollment, unless to do so would result with the organization and may not receive prevention of diseases, disorders, disabilities, in failure to meet the requirements of sec- benefits under this title other than through injuries and other health conditions. tion 1855(k) or would result in the enroll- the organization. ‘‘(vii) Rights and responsibilities of enroll- ment of enrollees substantially nonrepre- ‘‘(6) ENROLLMENT AND DISENROLLMENT BY ees. sentative, as determined in accordance with MAIL, PHONE, OR LOCAL SOCIAL SECURITY OF- ‘‘(viii) Prior authorization requirements. regulations of the Secretary, of the popu- FICE.— ‘‘(ix) Procedures used to monitor and con- lation in the service area of the organiza- ‘‘(A) IN GENERAL.—Each eligible organiza- trol utilization of services and expenditures. tion. tion that provides items and services pursu- ‘‘(x) Procedures for assuring and improving ‘‘(2) OPEN ENROLLMENT PERIODS IF CON- ant to a contract under this part shall per- quality of care. TRACT NOT RENEWED OR TERMINATED.— mit an individual eligible to enroll under ‘‘(xi) Risk and referral arrangements under ‘‘(A) IN GENERAL.—If a risk-sharing con- this part— the plan. tract under this part is not renewed or is ‘‘(i) to obtain enrollment forms and infor- ‘‘(xii) Loss ratios and an easily understand- otherwise terminated, eligible organizations mation by mail, telephone, or from local so- able explanation that such ratio reflects the with risk-sharing contracts under this part cial security offices, and percentage of premiums spent on health and serving a part of the same service area ‘‘(ii) to enroll or disenroll by mail or at a services compared to total premiums paid. as under the terminated contract are re- local social security office. ‘‘(xiii) Whether the organization is out-of- quired to have an open enrollment period for ‘‘(B) NO VISITS BY AGENTS.—No agent of an compliance with standards (as defined by the individuals who were enrolled under the ter- eligible organization may visit the residence Secretary). minated contract as of the date of notice of of such an individual for purposes of enroll- ‘‘(xiv) In the case of medicare supple- such termination. If a risk-sharing contract ing the individual under this part or provid- mental policies, underwriting policies and under this part is renewed in a manner that ing enrollment information to the individ- projected premiums in age-bands. discontinues coverage for individuals resid- ual. ing in part of the service area, eligible orga- ‘‘(c) INFORMATION.— ‘‘BENEFITS AND PREMIUMS nizations with risk-sharing contracts under ‘‘(1) INFORMATION DISTRIBUTED BY ORGANI- this part and enrolling individuals residing ZATION.—The Secretary shall prescribe the ‘‘SEC. 1853. (a) BENEFITS COVERED.— in that part of the service area are required procedures and conditions under which an el- ‘‘(1) IN GENERAL.— to have an open enrollment period for indi- igible organization that has entered into a ‘‘(A) COVERED SERVICES.—Except as pro- viduals residing in the part of the service contract with the Secretary under this part vided in subparagraph (B), the organization area who were enrolled under the contract as may inform individuals eligible to enroll must provide to members enrolled under this of the date of notice of such discontinued under this part with the organization about part, through providers and other persons coverage. the organization, or may enroll such individ- that meet the applicable requirements of ‘‘(B) DURATION OF PERIOD.—The open en- uals with the organization. No brochures, ap- this title and part A of title XI— rollment periods required under subpara- plication forms, or other promotional or in- ‘‘(i) only those services covered under parts graph (A) shall be for 30 days and shall begin formational material may be distributed by A and B of this title (and such preventive 30 days after the date that the Secretary pro- an organization to (or for the use of) individ- health services and reduced cost-sharing as vides notice of such requirement. uals eligible to enroll with the organization the Secretary may designate) for those mem- ‘‘(C) EFFECT OF ENROLLMENT.—Enrollment under this part unless— bers entitled to benefits under part A and en- under this paragraph shall be effective 30 ‘‘(A) at least 45 days before its distribu- rolled under part B, or days after the end of the open enrollment pe- tion, the organization has submitted the ma- ‘‘(ii) only those services covered under part riod, or, if the Secretary determines that terial to the Secretary for review; and B of this title (and such preventive health such date is not feasible, such other date as ‘‘(B) the Secretary has not disapproved the services and reduced cost-sharing designated the Secretary specifies. distribution of the material. under clause (i)) for those members enrolled ‘‘(3) ENROLLMENT UPON MEDICARE ELIGI- The Secretary shall review all such material only under such part. BILITY.—Each eligible organization shall submitted and shall disapprove such mate- ‘‘(B) ADDITIONAL SERVICES.—The organiza- have an open enrollment period for each in- rial if the Secretary determines, in the Sec- tion may provide such members with such dividual eligible to enroll under subsection retary’s discretion, that the material is ma- additional health care services as the mem- (a) during any enrollment period specified by terially inaccurate or misleading or other- bers may elect, at their option, to have cov- section 1837 that applies to that individual. wise makes a material misrepresentation. ered, and in the case of an organization with November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16527

a risk-sharing contract, the organization ‘‘(2) ADDITIONAL SERVICES.—If the eligible this part shall notify individuals eligible to may provide such members with such addi- organization provides to its members en- enroll with the organization under this part tional health care services as the Secretary rolled under this part services in addition to and individuals enrolled with the organiza- may approve. The Secretary shall approve services covered under parts A and B of this tion under this part that— any such additional health care services title and such preventive health services des- ‘‘(A) the organization is authorized by law which the organization proposes to offer to ignated by the Secretary under subsection to terminate or refuse to renew the contract, such members, unless the Secretary deter- (a)(1)(A), election of coverage for such addi- and mines that including such additional serv- tional services (unless such services have ‘‘(B) termination or nonrenewal of the con- ices will substantially discourage enrollment been approved by the Secretary under sub- tract may result in termination of the en- by covered individuals with the organization. section (a)(1)(B)) shall be optional for such rollments of individuals enrolled with the or- ‘‘(C) PAYMENTS IN LIEU OF OTHER members and such organization shall furnish ganization under this part. AMOUNTS.—Subject to paragraph (2)(B) and such members with information on the por- ‘‘(2) NOTICE INCLUDED.—The notice required section 1857(h), payments under a contract to tion of its premium rate or other charges ap- by paragraph (1) shall be included in— an eligible organization under subsection (a) plicable to such additional services. In no ‘‘(A) any marketing materials described in or (b) of section 1857 shall be instead of the case may the sum of— section 1852(c)(1) that are distributed by an amounts which (in the absence of the con- ‘‘(A) the portion of such organization’s pre- eligible organization to individuals eligible tract) would be otherwise payable, pursuant mium rate charged, with respect to such ad- to enroll under this part with the organiza- to sections 1814(b) and 1833(a), for services ditional services, to members enrolled under tion, and furnished by or through the organization to this part, and ‘‘(B) any explanation provided to enrollees individuals enrolled with the organization ‘‘(B) the actuarial value of its deductibles, by the organization pursuant to subsection under this part. coinsurance, and copayments charged, with (b). ‘‘(2) NATIONAL COVERAGE DETERMINATION.— respect to such services to such members, ‘‘(e) ACCESS.— If there is a national coverage determination exceed the adjusted community rate for such ‘‘(1) IN GENERAL.—The organization must— made in the period beginning on the date of services. ‘‘(A) make the services described in section an announcement under section 1857(a)(1) ‘‘(c) SECONDARY PAYER.—Notwithstanding 1853(a)(1)(A) (and such other health care and ending on the date of the next announce- any other provision of law, the eligible orga- services as such individuals have contracted ment under such section that the Secretary nization may (in the case of the provision of for)— projects will result in a significant change in services to a member enrolled under this ‘‘(i) available and accessible to each such the costs to the organization of providing part for an illness or injury for which the individual, within the area served by the or- the benefits that are the subject of such na- member is entitled to benefits under a work- ganization, with reasonable promptness and tional coverage determination and that was men’s compensation law or plan of the Unit- in a manner which assures continuity, and not incorporated in the determination of the ed States or a State, under an automobile or ‘‘(ii) when medically necessary, available per capita rate of payment included in the liability insurance policy or plan, including and accessible 24 hours a day and 7 days a announcement made at the beginning of such a self-insured plan, or under no fault insur- week, and period— ance) charge or authorize the provider of ‘‘(B) provide for reimbursement with re- ‘‘(A) such determination shall not apply to such services to charge, in accordance with spect to emergency services which are pro- risk-sharing contracts under this part until the charges allowed under such law or pol- vided to such an individual other than the first contract year that begins after the icy— through the organization. end of such period; and ‘‘(1) the insurance carrier, employer, or ‘‘(2) EMERGENCY SERVICES DEFINED.—For ‘‘(B) if such coverage determination pro- other entity which under such law, plan, or purposes of this subsection, the term ‘emer- vides for coverage of additional benefits or policy is to pay for the provision of such gency services’ means services provided to under additional circumstances, paragraph services, or an individual after the sudden onset of a (1)(C) shall not apply to payment for such ad- ‘‘(2) such member to the extent that the medical condition that manifests itself by ditional benefits or benefits provided under member has been paid under such law, plan, symptoms of sufficient severity (including such additional circumstances until the first or policy for such services.’’ severe pain) such that the absence of imme- contract year that begins after the end of ‘‘PATIENT PROTECTIONS diate medical attention could reasonably be such period, ‘‘SEC. 1855. (a) ANTIDISCRIMINATION.—The expected by a prudent layperson (possessing unless otherwise required by law. organization must provide assurances to the an average knowledge of health and medi- ‘‘(b) PREMIUMS, DEDUCTIBLES, COINSURANCE, Secretary that it will not expel or refuse to cine) to result in placing the individual’s AND COPAYMENTS.— re-enroll any such individual because of the health in serious jeopardy, the serious im- ‘‘(1) IN GENERAL.—In no case may— individual’s health status or requirements pairment of a bodily function, or the serious ‘‘(A) the portion of an eligible organiza- for health care services, and that it will no- dysfunction of any bodily organ or part, and tion’s premium rate and the actuarial value tify each such individual of such fact at the includes services furnished as a result of a of its deductibles, coinsurance, and time of the individual’s enrollment. call through the 911 emergency system. copayments charged (with respect to serv- ‘‘(b) EXPLANATION OF RIGHTS.—Each eligi- ‘‘(3) NO PRIOR AUTHORIZATION.—An eligible ices covered under parts A and B, preventive ble organization shall provide each enrollee, organization with a contract under this part services designated under section 1853(a)(1), at the time of enrollment and not less fre- may not require prior authorization for and, if applicable, the point-of-service bene- quently than annually thereafter, an expla- emergency services. fit described in section 1851(b)(2)(A)(ii)(VI)) nation of the enrollee’s rights under this ‘‘(f) HEARING AND GRIEVANCES.— to individuals who are enrolled under this part, including an explanation of— ‘‘(1) IN GENERAL.—The organization must part with the organization and who are enti- ‘‘(1) the enrollee’s rights to benefits from provide meaningful procedures for hearing tled to benefits under part A and enrolled the organization, and resolving grievances between the organi- under part B, or ‘‘(2) if any the restrictions on payments zation (including any entity or individual ‘‘(B) the portion of its premium rate and under this title for services furnished other through which the organization provides the actuarial value of its deductibles, coin- than by or through the organization, health care services) and members enrolled surance, and copayments charged (with re- ‘‘(3) out-of-area coverage provided by the with the organization under this part. spect to services covered under part B, pre- organization, ‘‘(2) HEARING BEFORE THE SECRETARY.—A ventive services designated under section ‘‘(4) the organization’s coverage of emer- member enrolled with an eligible organiza- 1853(a)(1) and the point-of-service benefit de- gency services and urgently needed care, and tion under this part who is dissatisfied by scribed in section, if applicable, ‘‘(5) appeal rights of enrollees. reason of his failure to receive any health 1851(b)(2)(A)(ii)(VI)) to individuals who are ‘‘(c) ASSURANCES RELATING TO PREEXISTING service to which he believes he is entitled enrolled under this part with the organiza- CONDITION.—Each eligible organization that and at no greater charge than he believes he tion and enrolled under part B only, provides items and services pursuant to a is required to pay is entitled, if the amount exceed the actuarial value of the coinsurance contract under this part shall provide assur- in controversy is $100 or more, to a hearing and deductibles that would be applicable on ances to the Secretary that in the event the before the Secretary to the same extent as is the average to individuals enrolled under organization ceases to provide such items provided in section 205(b), and in any such this part with the organization (or, if the and services, the organization shall provide hearing the Secretary shall make the eligi- Secretary finds that adequate data are not or arrange for supplemental coverage of ben- ble organization a party. If the amount in available to determine that actuarial value, efits under this title related to a preexisting controversy is $1,000 or more, the individual the actuarial value of the coinsurance and condition with respect to any exclusion pe- or eligible organization shall, upon notifying deductibles applicable on the average to in- riod, to all individuals enrolled with the en- the other party, be entitled to judicial re- dividuals in the area, in the State, or in the tity who receive benefits under this title, for view of the Secretary’s final decision as pro- United States, eligible to enroll under this the lesser of 6 months or the duration of such vided in section 205(g), and both the individ- part with the organization, or other appro- period. ual and the eligible organization shall be en- priate data) and entitled to benefits under ‘‘(d) NOTICE OF RIGHT TO TERMINATE CON- titled to be parties to that judicial review. In part A and enrolled under part B, or enrolled TRACT OR REFUSE TO RENEW.— applying sections 205(b) and 205(g) as pro- under part B only, respectively, if they were ‘‘(1) IN GENERAL.—Each eligible organiza- vided in this subparagraph, and in applying not members of an eligible organization. tion having a risk-sharing contract under section 205(l) thereto, any reference therein S 16528 CONGRESSIONAL RECORD — SENATE November 1, 1995 to the Commissioner of Social Security or the organization consists of individuals who bers enrolled under a risk-sharing contract the Social Security Administration shall be are entitled to benefits under this title or under this part with the organization and en- considered a reference to the Secretary or under a State plan approved under title XIX, titled to benefits under part A and enrolled the Department of Health and Human Serv- ‘‘(B) in the case of an eligible organization in part B, or enrolled in part B only, respec- ices, respectively. that is owned and operated by a govern- tively, the additional benefits described in ‘‘(g) ARRANGEMENTS FOR ONGOING QUALITY mental entity, only with respect to a period paragraph (3) which are selected by the eligi- ASSURANCE.—The organization must have ar- of 3 years beginning on the date the organi- ble organization and which the Secretary rangements, established in accordance with zation first enters into a contract under this finds are at least equal in value to the dif- regulations of the Secretary, for an ongoing part, and only if the organization has taken ference between that average per capita pay- quality assurance program for health care and is making reasonable efforts to enroll in- ment and the adjusted community rate (as services it provides to such individuals, dividuals who are not entitled to benefits so reduced). which program— under this title or under a State plan ap- ‘‘(B) EXCEPTIONS.— ‘‘(1) stresses health outcomes; and proved under title XIX, or ‘‘(i) RECEIPT OF LESSER PAYMENT.—Sub- ‘‘(2) provides review by physicians and ‘‘(C) the Secretary determines (in accord- paragraph (A) shall not apply with respect to other health care professionals of the process ance with criteria developed by the Sec- followed in the provision of such health care any organization which elects to receive a retary not later than January 1, 1997) that lesser payment to the extent that there is no services. individuals who are entitled to benefits ‘‘(h) ADVANCE DIRECTIVES.—A contract longer a difference between the average per under this title who are enrolled with the el- capita payment and adjusted community under this part shall provide that the eligi- igible organization with a contract under rate (as so reduced). ble organization shall meet the requirement this part in the organization’s payment area ‘‘(ii) STABILIZATION FUND.—An organization of section 1866(f) (relating to maintaining receive the same quality of service as enroll- written policies and procedures respecting (with the approval of the Secretary) may ees in private sector health plans in the advance directives). provide that a part of the value of such addi- same payment area. ‘‘(i) UTILIZATION REVIEW PROGRAM.— tional benefits be withheld and reserved by ‘‘(4) FAILURE TO COMPLY.—If the Secretary ‘‘(1) IN GENERAL.—An eligible organization the Secretary as provided in paragraph (4). may not deny coverage of or payment for determines that an eligible organization has failed to comply with the requirements of ‘‘(C) CALCULATION OF PER CAPITA RATES OF items and services on the basis of a utiliza- PAYMENT.—If the Secretary finds that there tion review program unless the program this subsection, the Secretary may provide for the suspension of enrollment of individ- is insufficient enrollment experience to de- meets the standards established by the Sec- termine an average of the per capita rates of retary under paragraph (2). uals under this part or of payment to the or- ganization under this part for individuals payment to be made under section 1857(a) at ‘‘(2) STANDARDS.—The Secretary shall es- the beginning of a contract period, the Sec- tablish standards for utilization review pro- newly enrolled with the organization, after the date the Secretary notifies the organiza- retary may determine such an average based grams of eligible organizations, consistent on the enrollment experience of other con- with paragraph (3), and shall periodically re- tion of such noncompliance. tracts entered into under this part. view and update such standards to reflect ‘‘CONTRACTS WITH ELIGIBLE ORGANIZATIONS ‘‘(3) ADDITIONAL BENEFITS DESCRIBED.—The changes in the delivery of health care serv- ‘‘SEC. 1856. (a) IN GENERAL.—The Secretary additional benefits referred to in paragraph ices. The Secretary shall establish such shall not permit the election under section (2) are— standards in consultation with appropriate 1805 of enrollment in an eligible organization ‘‘(A) the reduction of the premium rate or parties. under this part, and no payment shall be other charges made with respect to services ‘‘(3) CONTENTS OF STANDARDS.—Under the made under section 1857 to an organization, standards established under paragraph (2)— unless the Secretary has entered into a con- furnished by the organization to members ‘‘(A) individuals performing utilization re- tract under this part with the organization. enrolled under this part, or view may not receive financial compensation Such contract shall provide that the organi- ‘‘(B) the provision of additional health ben- based upon the number of denials of cov- zation agrees to comply with the require- efits, erage; and ments of this part and the terms of condi- or both. ‘‘(B) determinations regarding requests for tions of payment as provided for in this part. ‘‘(4) STABILIZATION FUND.—An organization authorization for service shall be made in a ‘‘(b) REQUIREMENTS RELATING TO RISK- having a risk-sharing contract under this timely manner, based on the urgency of the SHARING CONTRACTS.— part may (with the approval of the Sec- request. ‘‘(1) MINIMUM ENROLLMENT.—The Secretary retary) provide that a part of the value of ad- ‘‘(j) QUALIFIED HEALTH PROVIDERS.— may enter a risk-sharing contract with any ditional benefits otherwise required to be ‘‘(1) IN GENERAL.—The eligible organization eligible organization which has at least 5,000 provided by reason of paragraph (2) be with- shall demonstrate to the Secretary that the members, except that the Secretary may held and reserved in the Federal Hospital In- organization has a sufficient number, dis- enter into such a contract with an eligible surance Trust Fund and in the Federal Sup- tribution, and variety of qualified health organization that has fewer members if the plementary Medical Insurance Trust Fund care providers to ensure that all covered organization primarily serves members re- (in such proportions as the Secretary deter- health care services will be available and ac- siding outside of urban areas. mines to be appropriate) by the Secretary for cessible in a timely manner to all individ- ‘‘(2) PROVISION OF ADDITIONAL BENEFITS IF subsequent annual contract periods, to the uals enrolled in the organization. ADJUSTED COMMUNITY RATE LESS THAN PER extent required to stabilize and prevent ‘‘(2) SPECIALISTS.—The eligible organiza- CAPITA RATE OF PAYMENT.— undue fluctuations in the additional benefits tion shall demonstrate to the Secretary that ‘‘(A) IN GENERAL.—Each risk-sharing con- offered in those subsequent periods by the organization enrollees have access, when tract shall provide that— organization in accordance with paragraph medically or clinically indicated in the judg- ‘‘(i) if the adjusted community rate, as de- (3). Any of such value of additional benefits ment of the treating health professional, to fined in section 1851(a), for services under which is not provided to members of the or- specialized treatment expertise. parts A and B and such preventive services ganization in accordance with paragraph (3) ‘‘(3) DISTANCE.—In order to meet the re- designated by the Secretary under section prior to the end of such period, shall revert quirements of paragraph (1), any eligible or- 1853(a)(1) (as reduced for the actuarial value for the use of such trust funds. ganization that restricts an enrollee’s choice of the coinsurance and deductibles under ‘‘(5) PROMPT PAYMENT.— of doctor shall provide that primary care those parts and such reduced cost-sharing ‘‘(A) IN GENERAL.—A risk-sharing contract services for each enrollee who lives in a rural designated by the Secretary under such sec- under this part shall require the eligible or- area (as defined in section 1886(d)(2)(D)) are tion) for members enrolled under this part not more than 30 miles or 30 minutes in trav- ganization to provide prompt payment (con- el time from the enrollee’s residence. The with the organization and entitled to bene- sistent with the provisions of sections Secretary may provide for exceptions from fits under part A and enrolled in part B, or 1816(c)(2) and 1842(c)(2)) of claims submitted this paragraph on a case-by-case basis. ‘‘(ii) if the adjusted community rate for for services and supplies furnished to indi- ‘‘(k) 50/50 RULE.— services under part B and such preventive viduals pursuant to such contract, if the ‘‘(1) IN GENERAL.—Each eligible organiza- services (as reduced for the actuarial value services or supplies are not furnished under a tion with which the Secretary enters into a of the coinsurance and deductibles under contract between the organization and the contract under this part shall have, for the that part and such reduced cost-sharing) for provider or supplier. duration of such contract, an enrolled mem- members enrolled under this part with the ‘‘(B) FAILURE TO MAKE PROMPT PAYMENT.— bership at least one-half of which consists of organization and entitled to benefits under In the case of an eligible organization which individuals who are not entitled to benefits part B only, the Secretary determines, after notice and under this title or under a State plan ap- is less than the average of the per capita opportunity for a hearing, has failed to make proved under title XIX. rates of payment to be made under section payments of amounts in compliance with ‘‘(2) MODIFICATION OR WAIVER.—Subject to 1857(a) at the beginning of an annual con- subparagraph (A), the Secretary may provide paragraph (3), the Secretary may modify or tract period for members enrolled under this for direct payment of the amounts owed to waive the requirement imposed by paragraph part with the organization and entitled to providers and suppliers for such covered (1) only— benefits under part A and enrolled in part B, services furnished to individuals enrolled ‘‘(A) to the extent that more than 50 per- or enrolled in part B only, respectively, the under this part under the contract. If the cent of the population of the area served by eligible organization shall provide to mem- Secretary provides for such direct payments, November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16529 the Secretary shall provide for an appro- ‘‘(B) that failure to report such informa- section 1301(c)(8) of such Act (relating to li- priate reduction in the amount of payments tion as may be required may be deemed to ability arrangements to protect members); otherwise made to the organization under constitute evidence of likely overpayment ‘‘(ii) shall require the organization to pro- this part to reflect the amount of the Sec- on the basis of which appropriate collection vide and supply information (described in retary’s payments (and costs incurred by the action may be taken; section 1866(b)(2)(C)(ii)) in the manner such Secretary in making such payments). ‘‘(C) that in any case in which an eligible information is required to be provided or organization is related to another organiza- supplied under that section; ‘‘(c) REASONABLE COST REIMBURSEMENT tion by common ownership or control, a con- ‘‘(iii) shall require the organization to no- CONTRACT.— solidated financial statement shall be filed tify the Secretary of loans and other special ‘‘(1) IN GENERAL.—If— and that the allowable costs for such organi- financial arrangements which are made be- ‘‘(A) the Secretary is not satisfied that an zation may not include costs for the types of tween the organization and subcontractors, eligible organization has the capacity to expense otherwise reimbursable under this affiliates, and related parties; and bear the risk of potential losses under a risk- title, in excess of those which would be de- ‘‘(D) shall contain such other terms and sharing contract under this part, or termined to be reasonable in accordance conditions not inconsistent with this part ‘‘(B) the eligible organization so elects or with regulations (providing for limiting re- (including requiring the organization to pro- has an insufficient number of members to be imbursement to costs rather than charges to vide the Secretary with such information) as eligible to enter into a risk-sharing contract the eligible organization by related organiza- the Secretary may find necessary and appro- under subsection (b)(1), tions and owners) issued by the Secretary; priate. the Secretary may, if the Secretary is other- and ‘‘(4) PREVIOUS TERMINATIONS.—The Sec- wise satisfied that the eligible organization ‘‘(D) that in any case in which compensa- retary may not enter into a risk-sharing is able to perform its contractual obligations tion is paid by an eligible organization sub- contract with an eligible organization if a effectively and efficiently, enter into a con- stantially in excess of what is normally paid previous risk-sharing contract with that or- tract with such organization pursuant to for similar services by similar practitioners ganization under this part was terminated at which such organization is reimbursed on (regardless of method of compensation), such the request of the organization within the the basis of its reasonable cost (as defined in compensation may as appropriate be consid- preceding 5-year period, except in cir- section 1861(v)) in the manner prescribed in ered to constitute a distribution of profits. cumstances which warrant special consider- paragraph (3). ‘‘(d) CONTRACT PERIOD AND EFFECTIVE- ation, as determined by the Secretary. NESS.— ‘‘(2) REIMBURSEMENT.—A reasonable cost ‘‘(5) NO CONTRACTING AUTHORITY.—The au- ‘‘(1) PERIOD.— reimbursement contract under this part thority vested in the Secretary by this part ‘‘(A) IN GENERAL.—Each contract under may, at the option of such organization, pro- may be performed without regard to such this part shall be for a term of at least 1 vide that the Secretary— provisions of law or regulations relating to year, as determined by the Secretary, and ‘‘(A) will reimburse hospitals and skilled the making, performance, amendment, or may be made automatically renewable from nursing facilities either for the reasonable modification of contracts of the United term to term in the absence of notice by ei- cost (as determined under section 1861(v)) or States as the Secretary may determine to be ther party of intention to terminate at the for payment amounts determined in accord- inconsistent with the furtherance of the pur- end of the current term. ance with section 1886, as applicable, of serv- pose of this title. ‘‘(B) TERMINATION OR IMMEDIATE SANCTIONS ices furnished to individuals enrolled with ‘‘(6) INTERMEDIATE SANCTIONS.— FOR CAUSE.—The Secretary, in accordance such organization pursuant to section with procedures established under paragraph ‘‘(A) IN GENERAL.—If the Secretary deter- 1852(a), and (9), may terminate any such contract at any mines that an eligible organization with a ‘‘(B) will deduct the amount of such reim- time, or may impose the intermediate sanc- contract under this part— bursement from payment which would other- tions described in paragraph (6)(B) or (6)(C) ‘‘(i) fails substantially to provide medi- wise be made to such organization. (whichever is applicable), if the Secretary cally necessary items and services that are If such an eligible organization pays a hos- finds that the organization— required (under law or under the contract) to pital or skilled nursing facility directly, the ‘‘(i) has failed substantially to carry out be provided to an individual covered under amount paid shall not exceed the reasonable the contract, the contract, if the failure has adversely af- cost of the services (as determined under sec- ‘‘(ii) is carrying out the contract in a man- fected (or has substantial likelihood of ad- tion 1861(v)) or the amount determined under ner inconsistent with the efficient and effec- versely affecting) the individual; section 1886, as applicable, unless such orga- tive administration of this part, or ‘‘(ii) imposes premiums on individuals en- nization demonstrates to the satisfaction of ‘‘(iii) no longer substantially meets the ap- rolled under this part in excess of the pre- the Secretary that such excess payments are plicable conditions of this part. miums permitted; justified on the basis of advantages gained ‘‘(2) EFFECTIVE DATE OF CONTRACT.—The ef- ‘‘(iii) acts to expel or to refuse to re-enroll by the organization. fective date of any contract executed pursu- an individual in violation of the provisions of ‘‘(3) RETROACTIVE ADJUSTMENT.—Payments ant to this part shall be specified in the con- this part; made to an organization with a reasonable tract. ‘‘(iv) engages in any practice that would cost reimbursement contract shall be subject ‘‘(3) PROTECTIONS AGAINST FRAUD AND BENE- reasonably be expected to have the effect of to appropriate retroactive corrective adjust- FICIARY PROTECTIONS.—Each contract under denying or discouraging enrollment (except ment at the end of each contract year so as this part— as permitted by this part) by eligible individ- to assure that such organization is paid for ‘‘(A) shall provide that the Secretary, or uals with the organization whose medical the reasonable cost actually incurred (ex- any person or organization designated by condition or history indicates a need for sub- cluding any part of incurred cost found to be him— stantial future medical services; unnecessary in the efficient delivery of ‘‘(i) shall have the right to inspect or oth- ‘‘(v) misrepresents or falsifies information health services) or the amounts otherwise erwise evaluate— that is furnished— determined under section 1886 for the types ‘‘(I) the quality, appropriateness, and time- ‘‘(I) to the Secretary under this part, or of expenses otherwise reimbursable under liness of services performed under the con- ‘‘(II) to an individual or to any other en- this title for providing services covered tract, and tity under this part; under this title to individuals described in ‘‘(II) the facilities of the organization when ‘‘(vi) fails to comply with the requirements section 1853(a)(1). there is reasonable evidence of some need for of section 1856(b)(5); or ‘‘(4) FINANCIAL STATEMENT.—Any reason- such inspection, and ‘‘(vii) in the case of a risk-sharing con- able cost reimbursement contract with an el- ‘‘(ii) shall have the right to audit and in- tract, employs or contracts with any individ- igible organization under this part shall pro- spect any books and records of the eligible ual or entity that is excluded from participa- vide that the Secretary shall require, at such organization that pertain— tion under this title under section 1128 or time following the expiration of each ac- ‘‘(I) to the ability of the organization to 1128A for the provision of health care, utili- counting period of the eligible organization bear the risk of potential financial losses, or zation review, medical social work, or ad- (and in such form and in such detail) as he ‘‘(II) to services performed or determina- ministrative services or employs or con- may prescribe— tions of amounts payable under the contract; tracts with any entity for the provision (di- ‘‘(A) that the organization report to him in ‘‘(B) shall require the organization with a rectly or indirectly) through such an ex- an independently certified financial state- risk-sharing contract to provide (and pay cluded individual or entity of such services; ment its per capita incurred cost based on for) written notice in advance of the con- the Secretary may provide, in addition to the types of components of expenses other- tract’s termination, as well as a description any other remedies authorized by law, for wise reimbursable under this title for provid- of alternatives for obtaining benefits under any of the remedies described in subpara- ing services described in section 1853(a)(1), this title, to each individual enrolled under graph (B). including therein, in accordance with ac- this part with the organization; and ‘‘(B) REMEDIES DESCRIBED.—The remedies counting procedures prescribed by the Sec- ‘‘(C)(i) shall require the organization to described in this subparagraph are— retary, its methods of allocating costs be- comply with subsections (a) and (c) of sec- ‘‘(i) civil money penalties of not more than tween individuals enrolled under this part tion 1318 of the Public Health Service Act $25,000 for each determination under sub- and other individuals enrolled with such or- (relating to disclosure of certain financial paragraph (A) or, with respect to a deter- ganization; information) and with the requirement of mination under clause (iv) or (v)(I) of such S 16530 CONGRESSIONAL RECORD — SENATE November 1, 1995 subparagraph, of not more than $100,000 for ‘‘(C) SOURCE OF PAYMENTS.—Such pay- ‘‘(C) there are no unreasonable or unneces- each such determination, plus, with respect ments— sary delays between the finding of a defi- to a determination under subparagraph ‘‘(i) shall be transferred in appropriate pro- ciency and the imposition of sanctions; and (A)(ii), double the excess amount charged in portions from the Federal Hospital Insurance ‘‘(D) the Secretary provides the organiza- violation of such subparagraph (and the ex- Trust Fund and from the Supplementary tion with reasonable notice and opportunity cess amount charged shall be deducted from Medical Insurance Trust Fund, without re- for hearing (including the right to appeal an the penalty and returned to the individual gard to amounts appropriated in advance in initial decision) before imposing any sanc- concerned), and plus, with respect to a deter- appropriation Acts, in the same manner as tion or terminating the contract. mination under subparagraph (A)(iv), $15,000 transfers are made for payment for services (e) SERVICES NOT FURNISHED BY ORGANIZA- for each individual not enrolled as a result of provided directly to beneficiaries, and TION.— the practice involved, ‘‘(ii) shall not be less in the aggregate for ‘‘(1) PARTICIPATING PHYSICIAN.—In the case ‘‘(ii) suspension of enrollment of individ- such organizations for a fiscal year than the of physicians’ services or renal dialysis serv- uals under this part after the date the Sec- amounts the Secretary determines to be suf- ices described in paragraph (2) which are fur- retary notifies the organization of a deter- ficient to cover the costs of such organiza- nished by a participating physician or pro- mination under subparagraph (A) and until tions’ conducting activities described in sub- vider of services or renal dialysis facility to the Secretary is satisfied that the basis for paragraph (A) with respect to such eligible an individual enrolled with an eligible orga- such determination has been corrected and is organizations under part B of title XI. nization under this part and enrolled under not likely to recur, or ‘‘(8) PHYSICIAN INCENTIVE PLAN.— part B, the applicable participation agree- ‘‘(iii) suspension of payment to the organi- ‘‘(A) IN GENERAL.—Each contract with an ment is deemed to provide that the physician zation under this part for individuals en- eligible organization under this part shall or provider of services or renal dialysis facil- rolled after the date the Secretary notifies provide that the organization may not oper- ity will accept as payment in full from the the organization of a determination under ate any physician incentive plan (as defined eligible organization the amount that would subparagraph (A) and until the Secretary is in subparagraph (B)) unless the following re- be payable to the physician or provider of satisfied that the basis for such determina- quirements are met: services or renal dialysis facility under part tion has been corrected and is not likely to ‘‘(i) No specific payment is made directly B and from the individual under such part, if recur. or indirectly under the plan to a physician or the individual were not enrolled with an eli- ‘‘(C) In the case of an eligible organization physician group as an inducement to reduce gible organization under this part. for which the Secretary makes a determina- or limit medically necessary services pro- ‘‘(2) NONPARTICIPATING PHYSICIAN.—In the tion under paragraph (1)(B) the basis of vided with respect to a specific individual case of physicians’ services described in which is not described in subparagraph (A), enrolled with the organization. paragraph (3) which are furnished by a the Secretary may apply the following inter- ‘‘(ii) If the plan places a physician or phy- nonparticipating physician, the limitations mediate sanctions: sician group at substantial financial risk (as on actual charges for such services otherwise ‘‘(i) Civil money penalties of not more than determined by the Secretary) for services applicable under part B (to services fur- $25,000 for each determination under para- not provided by the physician or physician nished by individuals not enrolled with an el- graph (1) if the deficiency that is the basis of group, the organization— igible organization under this part) shall the determination has directly adversely af- ‘‘(I) provides stop-loss protection for the apply in the same manner as such limita- fected (or has the substantial likelihood of physician or group that is adequate and ap- tions apply to services furnished to individ- adversely affecting) an individual covered propriate, based on standards developed by uals not enrolled with such an organization. under the organization’s contract. the Secretary that take into account the ‘‘(3) SERVICES DESCRIBED.—The physicians’ ‘‘(ii) Civil money penalties of not more number of physicians placed at such substan- services or renal dialysis services described than $10,000 for each week beginning after tial financial risk in the group or under the in this paragraph are physicians’ services or the initiation of procedures by the Secretary plan and the number of individuals enrolled renal dialysis services which are furnished to under paragraph (9) during which the defi- with the organization who receive services an enrollee of an eligible organization under ciency that is the basis of a determination from the physician or the physician group, this part by a physician, provider of services, under paragraph (1) exists. and or renal dialysis facility who is not under a ‘‘(iii) Suspension of enrollment of individ- ‘‘(II) conducts periodic surveys of both in- contract with the organization. uals under this section after the date the dividuals enrolled and individuals previously ‘‘(4) EXCEPTION FOR EMERGENCY SERVICES.— Secretary notifies the organization of a de- enrolled with the organization to determine In the case of emergency services described termination under paragraph (1) and until the degree of access of such individuals to in section 1855(e)(2), which are furnished by a the Secretary is satisfied that the deficiency services provided by the organization and provider that does not have a contractual re- that is the basis for the determination has satisfaction with the quality of such serv- lationship with the organization, the organi- been corrected and is not likely to recur. ices. zation shall be required to reimburse the provider for the reasonable costs of providing ‘‘(D) The provisions of section 1128A (other ‘‘(iii) The organization provides the Sec- such services. than subsections (a) and (b)) shall apply to a retary with descriptive information regard- civil money penalty under subparagraph (A) ing the plan, sufficient to permit the Sec- ‘‘PAYMENT TO ELIGIBLE ORGANIZATIONS retary to determine whether the plan is in or (B) in the same manner as they apply to ‘‘SEC. 1857. (a) MONTHLY PAYMENTS IN AD- compliance with the requirements of this a civil money penalty or proceeding under VANCE TO ORGANIZATION WITH RISK-SHARING subparagraph. section 1128(a). CONTRACTS.— ‘‘(B) PHYSICIAN INCENTIVE PLAN DEFINED.— ‘‘(7) UTILIZATION AND PEER REVIEW ORGANI- ‘‘(1) ANNOUNCEMENT.—The Secretary shall In this paragraph, the term ‘physician incen- ZATION.— annually determine, and shall announce (in a tive plan’ means any compensation arrange- ‘‘(A) IN GENERAL.—Each risk-sharing con- manner intended to provide notice to inter- tract with an eligible organization under ment between an eligible organization and a ested parties) not later than September 7 be- this part shall provide that the organization physician or physician group that may di- fore the calendar year concerned— will maintain a written agreement with a rectly or indirectly have the effect of reduc- ‘‘(A) a per capita rate of payment for each utilization and quality control peer review ing or limiting services provided with re- class of individuals who are enrolled under organization (which has a contract with the spect to individuals enrolled with the organi- this part with an eligible organization which Secretary under part B of title XI for the zation. has entered into a risk-sharing contract and area in which the eligible organization is lo- ‘‘(9) The Secretary may terminate a con- who are entitled to benefits under part A and cated) or with an entity selected by the Sec- tract with an eligible organization under enrolled under part B, and retary under section 1154(a)(4)(C) under this section or may impose the intermediate ‘‘(B) a per capita rate of payment for each which the review organization will perform sanctions described in paragraph (6) on the class of individuals who are so enrolled with functions under section 1154(a)(4)(B) and sec- organization in accordance with formal in- such an organization and who are enrolled tion 1154(a)(14) (other than those performed vestigation and compliance procedures es- under part B only. under contracts described in section tablished by the Secretary under which— (2) IN GENERAL.— 1866(a)(1)(F)) with respect to services, fur- ‘‘(A) the Secretary first provides the orga- ‘‘(A) MONTHLY PAYMENT.—In the case of an nished by the eligible organization, for which nization with the reasonable opportunity to eligible organization with a risk-sharing payment may be made under this title. develop and implement a corrective action contract, the Secretary shall make monthly ‘‘(B) COST OF AGREEMENT.—For purposes of plan to correct the deficiencies that were the payments in advance and in accordance with payment under this title, the cost of such basis of the Secretary’s determination under the rate determined under subparagraph (B) agreement to the eligible organization shall paragraph (1) and the organization fails to and except as provided in section 1856(b)(2), be considered a cost incurred by a provider of develop or implement such a plan; to the organization for each individual en- services in providing covered services under ‘‘(B) in deciding whether to impose sanc- rolled with the organization under this part. this title and shall be paid directly by the tions, the Secretary considers aggravating ‘‘(B) METHOD OF DETERMINING PAYMENT.— Secretary to the review organization on be- factors such as whether an entity has a his- ‘‘(i) 1997.—For 1997, the modified per capita half of such eligible organization in accord- tory of deficiencies or has not taken action rate of payment for each class defined under ance with a schedule established by the Sec- to correct deficiencies the Secretary has clause (iii) shall be equal to the annual per retary. brought to their attention; capita rate of payment for such class which November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16531 would have been determined under section sponsored, or contributed to by the individ- ‘‘(1) In regard to expenditures by eligible 1876(a)(1)(C) for 1996 if— ual’s employer or former employer (or the organizations having risk-sharing contracts, ‘‘(I) the applicable geographic area were employer or former employer of the individ- the allocation shall be determined each year the payment area; and ual’s spouse) and ending on the date on by the Secretary based on the relative ‘‘(II) 50 percent of any payments attrib- which the individual is enrolled in the plan weight that benefits from each fund contrib- utable to sections 1886(d)(5)(B), 1886(h), and under this part, except that for purposes of ute to the adjusted average per capita cost. 1886(d)(5)(F) (relating to IME, GME, and DSH making such retroactive adjustments under ‘‘(2) In regard to expenditures by eligible payments) were not taken into account, in- this clause, such period may not exceed 90 organizations operating under a reasonable creased by 7 percent (to reflect the projected days. cost reimbursement contract, the initial al- per capita rate of growth in private health ‘‘(ii) EXPLANATION.—No adjustment may be location shall be based on the plan’s most re- care expenditures).. made under clause (ii) with respect to any cent budget, such allocation to be adjusted, ‘‘(ii) SUCCEEDING YEARS.— individual who does not certify that the or- as needed, after cost settlement to reflect ‘‘(I) IN GENERAL.—For 1998 and each suc- ganization provided the individual with the the distribution of actual expenditures. ceeding calendar year, the modified per cap- explanation described in section 1855(b) at ita rate of payment for each class defined the time the individual enrolled with the or- The remainder of that payment shall be paid under clause (iii) shall be equal to the modi- ganization. by the former trust fund. fied per capita rate of payment determined ‘‘(5) NOTICE OF PROPOSED CHANGES.— ‘‘(d) TESTING THE USE OF COMPETITIVE PRIC- for such area for the preceding year, in- ‘‘(A) IN GENERAL.—At least 45 days before creased by 7 percent (to reflect the projected making the announcement under paragraph ING PRIOR TO IMPLEMENTATION.— per capita rate of growth in private health (1) for a year the Secretary shall provide for ‘‘(1) IN GENERAL.—Not later than January care expenditures). notice to eligible organizations of proposed 1, 1997, the Secretary shall implement alter- ‘‘(II) PHASE-OUT OF SPECIAL PAYMENTS.—In changes to be made in the methodology or native payment methodologies for determin- applying this clause for 1998, the modified benefit coverage assumptions from the meth- ing the monthly rate that will be paid to eli- per capita rate of payment for each such odology and assumptions used in the pre- gible organizations with risk-sharing con- class for 1997 shall be the amount that would vious announcement and shall provide such tracts in payment areas designated by the have been determined for 1997 if clause (i)(II) organizations an opportunity to comment on Secretary in accordance with paragraph (2). had been applied by substituting ‘100 per- such proposed changes. Such alternative payment methodologies cent’ for ‘50 percent’. ‘‘(B) EXPLANATION.—In each announcement shall be based on competitive price and in- ‘‘(iii) CLASSES.—The Secretary shall define made under paragraph (1) for a year, the Sec- clude a method that determines rates based appropriate classes of members, based on retary shall include an explanation of the as- on the commercial, competitively deter- age, disability status, and such other factors sumptions (including any benefit coverage mined rates of the organizations. as the Secretary determines to be appro- assumptions) and changes in methodology ‘‘(2) CRITERIA FOR SELECTION.—The Sec- priate, so as to ensure actuarial equivalence. used in the announcement in sufficient de- retary shall develop criteria for designating The Secretary may add to, modify, or sub- tail so that eligible organizations can com- payment areas, determining the minimum stitute for such classes, if such changes will pute per capita rates of payment for classes number of bidders necessary to effectively improve the determination of actuarial of individuals located in each payment area implement and test alternative payment equivalence and not later then January 1, which is in whole or in part within the serv- methodologies, and utilizing any additional 1997, the Secretary shall implement risk-ad- ice area of such an organization. health status adjusters that may be nec- justers that were not in effect under section ‘‘(6) INPATIENT OF HOSPITAL AT TIME OF EN- essary to implement such methodologies. 1876 (as in effect on December 31, 1996. ROLLMENT.—A risk-sharing contract under The criteria for designating payment areas ‘‘(iv) ADJUSTMENTS.—The Secretary shall this part shall provide that in the case of an shall provide that the Secretary designate adjust modified per capita rates of payment individual who is receiving inpatient hos- relatively high and low payment areas, rel- for a payment area under this subparagraph pital services from a subsection (d) hospital atively high and low market penetration such that— (as defined in section 1886(d)(1)(B)) as of the areas, and urban and rural areas. ‘‘(I) the portion of such rate attributable effective date of the individual’s— ‘‘(3) BIDS.—Each eligible organization de- to part B shall not result in a modified per ‘‘(A) enrollment with an eligible organiza- siring to enter into a risk-sharing contract capita rate of payment for an area that is tion under this part— under this part shall place a bid on the bene- less than 85 percent of portion of the weight- ‘‘(i) payment for such services until the fits covered under section 1853(a)(1)(A) under ed average of the modified per capita rates date of the individual’s discharge shall be a methodology implemented under this para- determined under clause (i) or (ii) attrib- made under this title as if the individual graph. The premium structure included in utable to part B services for all payment were not enrolled with the organization, the bid shall consist of enrollee cost-sharing areas for 1996; and ‘‘(ii) the organization shall not be finan- amounts and the monthly amount to be paid ‘‘(II) such rate reflects the cost of provid- cially responsible for payment for such serv- from the Federal Hospital Insurance Trust ing the benefits described in section ices until the date after the date of the indi- Fund and Federal Supplementary Medical 1853(a)(1) to enrollees. vidual’s discharge, and Insurance Trust Fund under this section. Such adjustments shall be made to ensure ‘‘(iii) the organization shall nonetheless be Each organization shall be required to ad- that total payments under this subsection to paid the full amount otherwise payable to here to the premium structure included in eligible organizations do not exceed the the organization under this part; or the organization’s bid. An organization may ‘‘(B) termination of enrollment with an eli- amount that would have been paid under this offer additional benefits at a separately de- gible organization under this part— subsection in the absence of such adjust- termined price. An organization shall not be ments. ‘‘(i) the organization shall be financially prevented from entering into a contract ‘‘(3) PAYMENTS ONLY TO ELIGIBLE ORGANIZA- responsible for payment for such services under this section solely based on the level TIONS.—Subject to paragraph (6) and section after such date and until the date of the indi- of the organization’s premium bid. 1853(a)(2), if an individual is enrolled under vidual’s discharge, ‘‘(4) REQUIRED PARTICIPATION.— this part with an eligible organization hav- ‘‘(ii) payment for such services during the ‘‘(A) IN GENERAL.—Subject to subparagraph ing a risk-sharing contract, only the eligible stay shall not be made under section 1886(d), (B), each eligible organization that desires to organization shall be entitled to receive pay- and enter into a risk-sharing contract under this ments from the Secretary under this title for ‘‘(iii) the organization shall not receive part in a payment area designated under this services furnished to the individual. any payment with respect to the individual subsection shall receive payment under this ‘‘(4) RETROACTIVE ADJUSTMENT.— under this part during the period the individ- ‘‘(A) IN GENERAL.—The amount of payment ual is not enrolled. part in accordance with this subsection, in- under this subsection may be retroactively ‘‘(b) REASONABLE COST CONTRACT.—With stead of subsection (a). adjusted to take into account any difference respect to any eligible organization which ‘‘(B) EXCEPTION.—The Secretary may, at between the actual number of individuals en- has entered into a reasonable cost reim- the Secretary’s discretion, permit an eligible rolled in the plan under this part and the bursement contract, payments shall be made organization to receive payment under this number of such individuals estimated to be to such plan in accordance with section title (without regard to this part). so enrolled in determining the amount of the 1856(c) rather than subsection (a). ‘‘(5) PROHIBITION OF REASONABLE COST CON- advance payment. ‘‘(c) PAYMENT FROM TRUST FUNDS.—The TRACTS.—The Secretary may prohibit the use ‘‘(B) SPECIAL RULE FOR CERTAIN ENROLL- payment to an eligible organization under of reasonable cost contracts in payment EES.— this part for individuals enrolled under this areas designated under this subsection. ‘‘(i) IN GENERAL.—Subject to clause (ii), the part with the organization and entitled to ‘‘(6) AGGREGATE PAYMENTS.—Aggregate Secretary may make retroactive adjust- benefits under part A and enrolled under payments under this subsection across pay- ments under subparagraph (A) to take into part B shall be made from the Federal Hos- ment areas under this subsection shall not account individuals enrolled during the pe- pital Insurance Trust Fund and the Federal exceed the amount that would have, in the riod beginning on the date on which the indi- Supplementary Medical Insurance Trust absence of this subsection, been paid under vidual enrolls with an eligible organization Fund. The portion of that payment to the or- subsection (a) to such organization for indi- (which has a risk-sharing contract under this ganization for a month to be paid by each viduals enrolled under this part. Payments part) under a health benefit plan operated, trust fund shall be determined as follows: to eligible organizations with risk-sharing S 16532 CONGRESSIONAL RECORD — SENATE November 1, 1995 contracts in a single payment area may ex- within 90 days of receipt of the completed ap- SEC. 7004. PROVISIONS RELATING TO MEDICARE ceed the amount described in the preceding plication, or SUPPLEMENTAL POLICIES. sentence but may not exceed 100 percent of ‘‘(B) a State denies a licensing application Section 1882(s) (42 U.S.C. 1395ss(s)) is the adjusted average per capita cost (as de- and the Secretary determines that the amended— fined in subsection (a)(1)(B)(ii)) that would State’s licensing standards or review process (1) in paragraph (3), by striking ‘‘para- have, in the absence of this subsection, been create an unreasonable barrier to market graphs (1) and (2)’’ and inserting ‘‘paragraph determined for all individuals enrolled under entry, (1), (2), or (3)’’, this part. (2) by redesignating paragraph (3) as para- ‘‘(7) TRANSITION RULES.—The Secretary the Secretary shall evaluate such applica- graph (4), and shall develop transition rules for payment tion pursuant to the procedures established (3) by inserting after paragraph (2) the fol- areas in which risk-sharing plan enrollees under paragraph (2). lowing new paragraph: pay minimal or no premiums in order to pre- ‘‘(2) FEDERAL CERTIFICATION PROCEDURES.— ‘‘(3) Each issuer of a medicare supple- vent substantial increases in premiums as a ‘‘(A) IN GENERAL.—The Secretary shall es- mental policy shall have an open enrollment result of an alternative payment methodol- tablish a process for certification of an eligi- period (which shall be the period specified ogy implemented under this subsection. ble organization that is a provider sponsored for each geographic area by the Secretary ‘‘(8) REPORT.—Not later then January 1, network) and its sponsor as meeting the re- under section 1852(b)(1)), of at least 30 days 2000, the Secretary shall report to Congress quirements of this part in cases described in duration every year, during which the issuer on specific recommendations for a new pay- paragraph (1). may not deny or condition the issuance or ment methodology under this part to be ‘‘(B) REQUIREMENTS.—Such process shall— effectiveness of a medicare supplemental pol- based on the results of the alternate meth- ‘‘(i) set forth the standards for certifi- icy, or discriminate in the pricing of the pol- odologies implemented under this sub- cation, icy because of age, health status, claims ex- section. ‘‘(ii) provide that final action will be taken perience, past or anticipated receipt of ‘‘(e) PARTIAL CAPITATION DEMONSTRA- on an application for certification within 120 health care, or presence of a medical condi- TION.—The Secretary shall conduct a dem- business days of receipt of the completed ap- tion. The policy may not exclude benefits re- onstration project on the alternative partial plication, lating to the existence of any preexisting risk-sharing arrangements between the Sec- ‘‘(iii) provide that State law and regula- condition. The Secretary may require enroll- retary and health care providers. Not later tions shall apply to the extent they have not ment and disenrollment through a third then December 31, 1998, the Secretary shall been found to be an unreasonable barrier to party designated under section 1876(c)(3)(B). report to the Congress on the administrative market entry under paragraph (1)(A)(ii), and Each issuer of a medicare supplemental pol- feasibility of such partial capitation meth- ‘‘(iv) require any person receiving a certifi- icy shall have an additional open enrollment ods and the information necessary to imple- cate to provide the Secretary with all rea- period which shall be the period specified in ment such methods. sonable information in order to ensure com- section 1852(b)(4).’’. ‘‘PROVIDER-SPONSORED NETWORKS pliance with the certification. SEC. 7005. SPECIAL RULE FOR CALCULATION OF ‘‘SEC. 1858. (a) PROVIDER-SPONSORED NET- Not later then 5 business days after receipt PAYMENT RATES FOR 1996. WORK DEFINED.— of an application under this subsection, the (a) IN GENERAL.— ‘‘(1) IN GENERAL.—In this part, the term Secretary shall notify the applicant as to (1) IN GENERAL.—Notwithstanding any ‘provider-sponsored network’ means a public whether the application includes all infor- other provision of law, the per capita rate or private entity is a provider, or group of af- mation necessary to process the applica- under section 1876 of the Social Security Act filiated providers, that provides a substan- tion.is received by the Secretary. (42 U.S.C. 1395ww) for 1996 for any class for a tial proportion (as defined by the Secretary) ‘‘(C) EFFECT OF CERTIFICATIONS.— geographic area shall be equal to the amount of the health care items and services under ‘‘(i) IN GENERAL.—A certificate under this determined for such class for such area in the contract under this part directly through subsection shall be issued for not more than 1995, increased by 7 percent (to reflect the the provider or affiliated group of providers. 36 months and may not be renewed, unless projected per capita rate of growth in private ‘‘(2) SUBSTANTIAL PROPORTION.—In defining the Secretary determines that the State’s health care expenditures). what is a ‘substantial proportion’ for pur- laws and regulations provide an unreason- (2) FLOOR.—The Secretary shall adjust a poses of paragraph (1), the Secretary— able barrier to market entry. per capita rate of payment for a geographic ‘‘(A) shall take into account the need for ‘‘(ii) COORDINATION WITH STATE.—A person area determined under this subsection for a such an organization to assume responsibil- receiving a certificate under this section class such that the portion of such rate at- ity for a substantial proportion of services in shall continue to seek State licensure under tributable to part B shall not be less than 85 order to assure financial stability and the paragraph (1) during the period the certifi- percent of the weighted average of the por- practical difficulties in such an organization cate is in effect. tion of the per capita rates attributable to integrating a very wide range of service pro- ‘‘(D) STATE STANDARDS.—During the first part B services for such class determined viders; and 24 months after the issuance of the Federal under this subsection for all geographic ‘‘(B) may vary such proportion based upon rules relating to the Federal certification areas. Such adjustments shall be made to en- relevant differences among organizations, process established under this paragraph, a sure that total payments under this sub- such as their location in an urban or rural State may apply to the Secretary to dem- section to eligible organizations do not ex- area. onstrate that the State’s licensure standards ceed the amount that would have been paid ‘‘(3) AFFILIATION.—For purposes of this and process are consistent with Federal under this subsection in the absence of such subsection, a provider is ‘affiliated’ with an- standards, incorporate appropriate flexibil- adjustments. other provider if, through contract, owner- ity to reflect the deliver system of provider- (b) PUBLICATION.—The Secretary shall pub- ship, or otherwise— sponsored networks, and do not present an lish the rates determined under subsection ‘‘(A) one provider, directly or indirectly, unreasonable barrier to market entry. If the (a) no later than 30 days after the date of the controls, is controlled by, or is under com- Secretary approves the State licensure enactment of this Act. mon control with the other, standards and process under this subpara- (c) REPORT.—Not later then July 1, 1996, ‘‘(B) each provider is a participant in a graph, a provider sponsored network in such the Prospective Payment Assessment Com- lawful combination under which each pro- a State shall be required to obtain State li- mission and the Physician Payment Review vider shares, directly or indirectly, substan- censes (as well as meet all other applicable Commission shall jointly report to Congress tial financial risk in connection with their Federal standards). on geographically-based variations in pay- operations, ‘‘(3) REPORT.—Not later then December 31, ments to eligible organizations with a risk- ‘‘(C) both providers are part of a controlled 1999, the Secretary shall report to Congress sharing contract under section 1876 of the group of corporations under section 1563 of on the Federal certification system under Social Security Act (42 U.S.C. 1395mm). the Internal Revenue Code of 1986, or paragraph (2), including an analysis of State (d) EFFECTIVE DATE.—This section shall ‘‘(D) both providers are part of an affiliated efforts to adopt licensing standards and re- apply on and after the date of the enactment service group under section 414 of such Code. view processes that take into account the of this Act. ‘‘(4) CONTROL.—for purposes of paragraph fact that provider-sponsored networks pro- SEC. 7006. GRADUATE MEDICAL EDUCATION AND (3), control is presumed to exist if one party, vide services directly to enrollees through DISPROPORTIONATE SHARE PAY- directly or indirectly, owns, controls, or affiliated providers.’’. MENT ADJUSTMENTS TO HOSPITALS holds the power to vote, or proxies for, not PROVIDING SERVICES TO ENROLL- less than 51 percent of the voting rights or (b) CONFORMING AMENDMENTS.— EES IN ELIGIBLE ORGANIZATIONS. governance rights of another. (1) TERMINATION OF SECTION 1876.—Section Section 1886 (42 U.S.C. 1395ww) is amended ‘‘(b) CERTIFICATION PROCESS FOR PROVIDER- 1876 (42 U.S.C. 1395mm) is repealed. by adding at the end the following new sub- SPONSORED NETWORKS.— (2) GME ADJUSTMENT.—Section 1886(h) (42 section: ‘‘(1) FEDERAL ACTION ON CERTIFICATION.— U.S.C. 1395ww(h)) is amended by inserting ‘‘, ‘‘(j) GRADUATE MEDICAL EDUCATION AND If— including all days attributable to patients DISPROPORTIONATE SHARE PAYMENT ADJUST- ‘‘(A) a State fails to complete action on a enrolled in an eligible organization with a MENTS FOR MEDICARE CHOICE.— licensing application of an eligible organiza- risk-sharing contract under part C’’ after ‘‘(1) IN GENERAL.—For discharges occurring tion that is a provider sponsored network ‘‘part A’’. on or after January 1, 1997, a subsection (d) November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16533 hospital that is a qualified provider shall re- ‘‘(ii) examine the feasibility of using risk ‘‘(iii) Notwithstanding any other provision ceive payment for each discharge of an indi- adjusters to validate the performance meas- of law, any hospital that was classified as a vidual enrolled under part C with an eligible ures developed. rural referral center under clause (i) on Sep- organization as follows: ‘‘(B) PURPOSES DESCRIBED.—The purposes tember 30, 1991, shall continue to be classi- ‘‘(A) For a qualified provider that qualifies described in this subparagraph are as fol- fied or, as applicable, shall be reclassified, as for the indirect medical education adjust- lows: a rural referral center and such classifica- ment under subsection (d)(5)(B), payment ‘‘(i) To develop a quality report card for tion or reclassification shall be effective on shall be made on a per discharge basis for medicare beneficiaries that will assist such and after October 1, 1991, with respect to pay- each individual enrolled in an eligible orga- beneficiaries’ decisionmaking regarding ments under this title.’’. nization with a risk-sharing contract who re- health care and treatment by allowing the (b) GRADUATED AREA WAGE INDEX FOR ceives inpatient care at that provider as beneficiaries to compare quality informa- RURAL REFERRAL CENTERS.—Section though such provider was receiving the ap- tion. 1886(d)(10)(D) (42 U.S.C. 1395ww(d)(10)(D)) is plicable percentage of the amount such pro- ‘‘(ii) To establish performance measures amended by adding at the end the following vider would receive as direct payment under that will assist eligible organizations and new clauses: this title on the basis of a diagnosis related providers in providing high quality health ‘‘(iv) Notwithstanding section 412.230(e)(iii) group. care. of title 42, Code of Federal Regulations (re- ‘‘(B) For a qualified provider that qualifies ‘‘(iii) To provide information to eligible or- lating to criteria for use of an area’s wage for the disproportionate share adjustment ganizations and providers regarding such or- index)— under subsection (d)(5)(F), payment shall be ganizations’ and providers’ performance and ‘‘(I) in the case of an eligible hospital that made on a per discharge basis for each indi- health care processes. pays an average hourly wage that is equal to vidual enrolled in an eligible organization ‘‘(C) PERFORMANCE MEASURES DESCRIBED.— or greater than 104 percent and less than 108 with a risk-sharing contract who receives in- The performance measures developed under patient care at that provider as though such percent of the average hourly wage of the subparagraph (A) may include the following: hospitals in the area in which the hospital is provider was receiving the applicable per- ‘‘(i) The number of members of an eligible centage of the amount such provider would located, the wage index of such hospital shall organization who disenroll from the organi- be equal to the sum of— receive as direct payment under this title on zation, and to the extent possible, the rea- the basis of a diagnosis related group. ‘‘(aa) the wage index of the area in which sons for such disenrollment. the hospital is located; and ‘‘(C) For a qualified provider that qualifies ‘‘(ii) Outcomes of care. for payment for direct graduate medical edu- ‘‘(bb) 66 percent of the difference between ‘‘(iii) Population health status. the higher wage index area which the hos- cation under subsection (h), payment shall ‘‘(iv) Appropriateness of care. be made by counting as medicare inpatient pital would receive if it was reclassified (if ‘‘(v) Consumer satisfaction for general and the hospital’s average hourly wage was 108 days the applicable percentage of those days subgroup populations. attributable to individuals enrolled in an eli- percent or more of the average hourly wage ‘‘(vi) Access to care, including access to of hospitals in the area in which the hospital gible organization with a risk-sharing con- emergency care, waiting time for scheduled tract when determining the provider’s medi- is located in accordance with the provisions appointments, and provider location conven- of section 1886(d)(8)(C)) and the amount de- care patient load. ience. ‘‘(2) QUALIFIED PROVIDER.—For purposes of termined under item (aa); and ‘‘(vii) Prevention of diseases, disorders, paragraph (1), the term ‘qualified provider’ ‘‘(II) in the case of an eligible hospital that disabilities, injuries, and other health condi- means a provider that— pays an average hourly wage that is equal to tions. ‘‘(A) qualifies for any or all payments or greater than 100 percent and less than 104 ‘‘(D) ONGOING BASIS.—Development of per- under subsection (d)(5)(B), (d)(5)(F) or (h); percent of the average hourly wage of the formance measures and risk adjusters shall and hospitals in the area in which the hospital is be done on an ongoing basis. ‘‘(B) provides inpatient services either as located, the wage index of such hospital shall ‘‘(2) COLLECTION OF DATA.— an eligible organization or under a contract be determined under subclause (I) as if the ‘‘(A) VALIDITY PREREQUISITE.—The per- with an eligible organization, to individuals reference to ‘66 percent’ in such subclause formance measures developed under this sub- enrolled with an eligible organization under were a reference to ‘33 percent’. section shall not be disseminated to eligible part C. ‘‘(v) For purposes of clause (iv), the term organizations and providers before the valid- ‘‘(3) APPLICABLE PERCENTAGE.—For pur- ‘eligible hospital’ means a hospital that is ity of such performance measures is estab- poses of paragraph (1), the applicable per- classified as a rural referral center under lished. centage is— paragraph (5)(C)(i) that would be reclassified ‘‘(B) COLLECTION SCHEDULE.—Beginning 6 ‘‘(A) for calendar year 1997, 50 percent; and to a higher area wage index if the hospital’s months after the first dissemination of the ‘‘(B) for calendar years after 1997, 100 per- average hourly wage was 108 percent or more performance measures to eligible organiza- cent.’’. of the average hourly wage in the area in tions, data regarding specific performance SEC. 7007. EFFECTIVE DATE. which the hospital is located and meets all measures shall be collected from the eligible Except as otherwise specifically provided, other applicable Federal standards.’’. organizations on a regular rotating basis the amendments made by this title shall that coincides with data collection require- (c) BUDGET NEUTRALITY.—Notwithstanding apply with respect to services furnished ments for private sector health care systems. any other provision of law, for cost reporting under a contract on or after January 1, 1997. periods beginning on or after October 1, 1995, ‘‘(C) COMPLIANCE.—Each eligible organiza- CHAPTER 2—PROVISIONS RELATING TO tion shall disclose performance measure data the Secretary of Health and Human Services QUALITY IMPROVEMENT AND DISTRIBU- as requested. The Administrator of the shall provide for such equal proportional ad- TION OF INFORMATION Health Care Financing Administration or an justment in payments under section 1886 of SEC. 7011. QUALITY REPORT CARDS. entity designated by the Secretary shall the Social Security Act (42 U.S.C. 1395ww) to Title XVIII (42 U.S.C. 1395 et seq.), as audit eligible organizations for compliance subsection (d) hospitals and subsection (d) amended by section 7002, is amended by in- with the data collection requirements and Puerto Rico hospitals (as defined under such serting after section 1805 the following new shall enforce any noncompliance in accord- section) as may be necessary to assure that section: ance with regulations promulgated by the the aggregate payments to such hospitals under such section are not increased or de- ‘‘QUALITY REPORT CARDS Secretary. creased by reason of the amendments made ‘‘SEC. 1806. (a) DISTRIBUTION OF QUALITY ‘‘(c) DEFINITIONS.—For purposes of this sec- by subsections (a) and (b). REPORT CARDS.—Beginning with calendar tion— year 1997, the Secretary shall include a qual- ‘‘(1) the term ‘eligible organization’ means (d) EFFECTIVE DATE.—The amendments ity report card with the comparative mate- an organization with a contract under part made by this section shall apply to cost re- rials distributed under section 1852(c)(2). The C; porting periods beginning on or after October quality report card shall contain informa- ‘‘(2) the term ‘medicare beneficiary’ means 1, 1995. tion designed to assist medicare bene- an individual entitled to benefits under part SEC. 7022. MEDICARE-DEPENDENT, SMALL, ficiaries in choosing eligible organizations A or enrolled under part B; and RURAL HOSPITAL PAYMENT EXTEN- including, as appropriate, the performance ‘‘(3) the term ‘provider’ means hospitals, SION. measures developed under subsection (b). physicians, nursing homes, and providers of (a) SPECIAL TREATMENT EXTENDED.— ‘‘(b) DEVELOPMENT OF PERFORMANCE MEAS- ancillary services to medicare bene- (1) PAYMENT METHODOLOGY.—Section URES.— ficiaries.’’. 1886(d)(5)(G)(i) (42 U.S.C. 1395ww(d)(5)(G)) is ‘‘(1) DELEGATION.— amended— CHAPTER 3—PROVISIONS TO STRENGTH- ‘‘(A) IN GENERAL.—The Secretary, through (A) in clause (i), by striking ‘‘October 1, EN RURAL AND UNDER-SERVED AREAS the Administrator of the Health Care Fi- 1994,’’ and inserting ‘‘October 1, 1994, or be- nancing Administration, shall, in coopera- SEC. 7021. RURAL REFERRAL CENTERS. ginning on or after September 1, 1995, and be- tion with nonprofit organizations— (a) PERMANENT GRANDFATHERING OF RURAL fore October 1, 2000,’’; and ‘‘(i) develop standardized performance REFERRAL CENTER STATUS.—Section (B) in clause (ii)(II), by striking ‘‘October measures for eligible organizations and pro- 1886(d)(5)(C) (42 U.S.C. 1395ww(d)(5)(C)) is 1, 1994’’ and inserting ‘‘October 1, 1994, or be- viders which are designed to achieve the pur- amended by adding at the end the following ginning on or after September 1, 1995, and be- poses described in subparagraph (B); and new clause: fore October 1, 2000,’’. S 16534 CONGRESSIONAL RECORD — SENATE November 1, 1995

(2) EXTENSION OF TARGET AMOUNT.—Section (iv)’’ and inserting ‘‘subclauses (I), (II), or of community-based providers that includes 1886(b)(3)(D) (42 U.S.C. 1395ww(b)(3)(D)) is (III) of clause (i), clause (ii)(I), or clause at least three of the following— amended— (iv)’’. ‘‘(1) community or migrant health centers; (A) in the matter preceding clause (i), by (c) PAYMENT UNDER THE FEE SCHEDULE TO ‘‘(2) local health departments; striking ‘‘September 30, 1994,’’ and inserting PHYSICIAN ASSISTANTS AND NURSE PRACTI- ‘‘(3) community mental health centers; ‘‘September 30, 1994, and for cost reporting TIONERS IN OUTPATIENT OR HOME SETTINGS.— ‘‘(4) nonprofit hospitals; periods beginning on or after September 1, (1) PHYSICIAN ASSISTANTS.—Section ‘‘(5) private practice health professionals, 1995, and before October 1, 2000,’’; 1842(b)(12) (42 U.S.C. 1395u(b)(12)) is amended including rural health clinics; or (B) in clause (ii), by striking ‘‘and’’ at the by adding at the end the following new sub- ‘‘(6) other publicly funded health or social end; paragraph: services agencies. (C) in clause (iii), by striking the period at ‘‘(C) With respect to services described in the end and inserting ‘‘, and’’; and clauses (i)(IV), (ii)(II), and (iv) of section ‘‘(d) APPLICATION.—To be eligible to re- (D) by adding at the end the following new 1861(s)(2)(K) (relating to physician assistants ceive a grant under this section an eligible clause: and nurse practitioners furnishing services entity shall prepare and submit to the Sec- ‘‘(iv) with respect to discharges occurring in outpatient or home settings)— retary an application at such time, in such during September 1995 through fiscal year ‘‘(i) payment under this part may only be manner and containing such information as 1999, the target amount for the preceding made on an assignment-related basis; and the Secretary may require, including a de- year increased by the applicable percentage ‘‘(ii) the amounts paid under this part shall scription of— increase under subparagraph (B)(iv).’’. be equal to 80 percent of (I) the lesser of the ‘‘(1) the need of the entity for the grant; (3) PERMITTING HOSPITALS TO DECLINE RE- actual charge or 85 percent of the fee sched- ‘‘(2) the use to which the entity would CLASSIFICATION.—Section 13501(e)(2) of ule amount provided under section 1848 for apply any amounts received under such OBRA–93 (42 U.S.C. 1395ww note) is amended the same service provided by a physician grant; by striking ‘‘or fiscal year 1994’’ and insert- who is not a specialist; or (II) in the case of ‘‘(3) the source and amount of non-Federal ing ‘‘, fiscal year 1994, fiscal year 1995, fiscal services as an assistant at surgery, the lesser funds that the entity will pledge for the year 1996, fiscal year 1997, fiscal year 1998, or of the actual charge or 85 percent of the project funded under the grant; fiscal year 1999’’. amount that would otherwise be recognized ‘‘(4) the long-term viability of the project (4) TECHNICAL CORRECTION.—Section if performed by a physician who is serving as and evidence of the providers commitment 1886(d)(5)(G)(i) (42 U.S.C. 1395ww(d)(5)(G)(i)), an assistant at surgery.’’. to the network. as in effect before the amendment made by (2) CONFORMING AMENDMENT.—Section ‘‘(e) PREFERENCE IN AWARDING GRANTS.—In paragraph (1), is amended by striking all 1842(b)(12)(A) (42 U.S.C. 1395u(b)(12)(A)) is awarding grants under this section, the Sec- that follows the first period. amended in the matter preceding clause (i) retary shall give preference to applicants (b) EFFECTIVE DATE.—The amendments by striking ‘‘(i), (ii),’’ and inserting made by subsection (a) shall apply with re- that— ‘‘subclauses (I), (II), or (III) of clause (i), or ‘‘(1) are health care providers operating in spect to discharges occurring on or after subclause (I) of clause (ii)’’. September 1, 1995. rural health care networks or that propose (3) TECHNICAL AMENDMENT.—Section to form such networks with the majority of SEC. 7023. PROPAC RECOMMENDATIONS ON 1842(b)(12)(A) (42 U.S.C. 1395u(b)(12)(A)) is URBAN MEDICARE DEPENDENT HOS- the providers in such networks being located amended in the matter preceding clause (i) in a medically undeserved area or health pro- PITALS. by striking ‘‘a physician assistants’’ and in- Section 1886(e)(3)(A) (42 U.S.C. fessional shortage area; serting ‘‘physician assistants’’. 1395ww(e)(3)(A)) is amended by adding at the ‘‘(2) can demonstrate broad geographic cov- (d) EFFECTIVE DATE.—The amendments erage in the rural areas of the State, or end the following new sentence: ‘‘The Com- made by this section shall apply to services States in which the applicant is located; and mission shall, beginning in 1996, report its furnished on or after October 1, 1995. recommendations to Congress on an appro- ‘‘(3) propose to use funds received under SEC. 7025. IMPROVING HEALTH CARE ACCESS the grant to develop plans for, or to estab- priate update to be used for urban hospitals AND REDUCING HEALTH CARE with a high proportion of medicare patient COSTS THROUGH TELEMEDICINE. lish, telemedicine systems that will link days and on actions to ensure that medicare (a) IN GENERAL.—Title XVII of the Public rural hospitals and rural health care provid- beneficiaries served by such hospitals retain Health Service Act (42 U.S.C. 300u et seq.) is ers to other hospitals and health care provid- the same access and quality of care as medi- amended— ers; care beneficiaries nationwide.’’. (1) in the title heading by striking out ‘‘(4) will use the amounts provided under SEC. 7024. PAYMENTS TO PHYSICIAN ASSISTANTS ‘‘AND HEALTH PROMOTION’’ and inserting the grant for a range of health care applica- AND NURSE PRACTITIONERS FOR ‘‘, HEALTH PROMOTION AND TELE- tions and to promote greater efficiency in SERVICES FURNISHED IN OUT- MEDICINE DEVELOPMENT’’; the use of health care resources; PATIENT OR HOME SETTINGS. (2) by inserting after the title heading the ‘‘(5) demonstrate the long term viability of (a) COVERAGE IN OUTPATIENT OR HOME SET- following: projects through use of local matching funds TINGS FOR PHYSICIAN ASSISTANTS AND NURSE (in cash or in-kind); and PRACTITIONERS.—Section 1861(s)(2)(K) (42 ‘‘PART A—HEALTH INFORMATION AND HEALTH PROMOTION’’; ‘‘(6) demonstrate financial, institutional, U.S.C. 1395x(s)(2)(K)) is amended— and community support and the long range (1) in clause (i)— and viability of the network. (A) by striking ‘‘or’’ at the end of (3) by adding at the end thereof the follow- subclause (II); and ing new part: ‘‘(f) USE OF AMOUNTS.—Amounts received (B) by inserting ‘‘or (IV) in an outpatient ‘‘PART B—TELEMEDICINE DEVELOPMENT under a grant awarded under this section shall be utilized for the development of or home setting as defined by the Secretary’’ ‘‘SEC. 1711. GRANT PROGRAM FOR PROMOTING following ‘‘shortage area,’’; and THE DEVELOPMENT OF RURAL telemedicine networks. Such amounts may (2) in clause (ii)— TELEMEDICINE NETWORKS. be used to cover the costs associated with (A) by striking ‘‘in a skilled’’ and inserting ‘‘(a) ESTABLISHMENT.—The Secretary shall the development of telemedicine networks ‘‘in (I) a skilled’’; and establish a program to award grants to eligi- and the acquisition of telemedicine equip- (B) by inserting ‘‘, or (II) in an outpatient ble entities in accordance with this sub- ment and modifications or improvements of or home setting (as defined by the Sec- section to promote the development of rural telecommunications facilities, including— retary),’’ after ‘‘(as defined in section telemedicine networks. ‘‘(1) the development and acquisition 1919(a))’’. ‘‘(b) GRANTS FOR DEVELOPMENT OF RURAL through lease or purchase of computer hard- (b) PAYMENTS TO PHYSICIAN ASSISTANTS TELEMEDICINE.—The Secretary of Health and ware and software, audio and visual equip- AND NURSE PRACTITIONERS IN OUTPATIENT OR Human Services, acting through the Office of ment, computer network equipment, modi- HOME SETTINGS.— Rural Health Policy, shall award grants to fication or improvements to telecommuni- (1) IN GENERAL.—Section 1833(r)(1) (42 eligible entities that have applications ap- cations transmission facilities, tele- U.S.C. 1395l(r)(1)) is amended— proved under subsection (d) for the purpose communications terminal equipments, inter- (A) by inserting ‘‘services described in sec- of expanding access to health care services active video equipment, data terminal equip- tion 1861(s)(2)(K)(ii)(II) (relating to nurse for individuals in rural areas through the use ment, and other facilities and equipment practitioner services furnished in outpatient of telemedicine. Grants shall be awarded that would further the purposes of this sec- or home settings), and services described in under this section to— tion; section 1861(s)(2)(K)(i)(IV) (relating to physi- ‘‘(1) encourage the initial development of ‘‘(2) the provision of technical assistance cian assistant services furnished in an out- rural telemedicine networks; and instruction for the development and use patient or home setting’’ after ‘‘rural ‘‘(2) expand existing networks; of such programming equipment or facilities; area),’’; and ‘‘(3) link existing networks together; or ‘‘(3) the development and acquisition of in- (B) by striking ‘‘or clinical nurse special- ‘‘(4) link such networks to existing fiber structional programming; ist’’ and inserting ‘‘clinical nurse specialist, optic telecommunications systems. ‘‘(4) the development of projects for teach- or physician assistant’’. ‘‘(c) ELIGIBLE ENTITY DEFINED.—For the ing or training medical students, residents, (2) CONFORMING AMENDMENT.—Section purposes of this section the term ‘eligible en- and other health professions students in 1842(b)(6)(C) (42 U.S.C. 1395u(b)(6)(C)) is tity’ means hospitals and other health care rural training sites about the application of amended by striking ‘‘clauses (i), (ii), or providers operating in a health care network telemedicine; November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16535 ‘‘(5) transmission costs, maintenance of centers, community mental health centers, ‘‘(B) at least one facility in the State shall equipment, and compensation of specialists hospitals or private practices, or other pub- be designated as a critical access hospital in and referring practitioners; licly funded health or social service agen- accordance with paragraph (2). ‘‘(6) the development of projects to use cies. ‘‘(2) STATE DESIGNATION OF FACILITIES.— telemedicine to facilitate collaboration be- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—A State may designate tween health care providers; and For the purpose of carrying out this section, one or more facilities as a critical access ‘‘(7) such other uses that are consistent there are authorized to be appropriated hospital in accordance with subparagraph with achieving the purposes of this section $30,000,000 for fiscal year 1996, and such sums (B). as approved by the Secretary. as may be necessary for each of the fiscal ‘‘(B) CRITERIA FOR DESIGNATION AS CRITICAL ‘‘(g) PROHIBITED USE OF AMOUNTS.— years 1997 through 2000.’’. ACCESS HOSPITAL.—A State may designate a Amounts received under a grant awarded SEC. 7027. MEDICARE RURAL HOSPITAL FLEXI- facility as a critical access hospital if the fa- under this section shall not be used for— BILITY PROGRAM. cility— ‘‘(1) expenditures to purchase or lease (a) MEDICARE RURAL HOSPITAL FLEXIBILITY ‘‘(i) is located in a county (or equivalent equipment to the extent the expenditures PROGRAM.—Section 1820 (42 U.S.C. 1395i–4) is unit of local government) in a rural area (as would exceed more than 60 percent of the amended to read as follows: defined in section 1886(d)(2)(D)) that— total grant funds; or ‘‘MEDICARE RURAL HOSPITAL FLEXIBILITY ‘‘(I) is located more than a 35-mile drive ‘‘(2) expenditures for indirect costs (as de- PROGRAM from a hospital, or another facility described termined by the Secretary) to the extent the in this subsection, or ‘‘SEC. 1820. (a) PURPOSE.—The purpose of expenditures would exceed more than 10 per- ‘‘(II) is certified by the State as being a this section is to— cent of the total grant funds. necessary provider of health care services to ‘‘(1) ensure access to health care services ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— residents in the area; and for rural communities by allowing hospitals There are authorized to be appropriated such ‘‘(ii) makes available 24-hour emergency sums as may be necessary to carry out this to be designated as critical access hospitals care services that a State determines are section. if such hospitals limit the scope of available necessary for ensuring access to emergency ‘‘(i) DEFINITION.—For the purposes of this inpatient acute care services; care services in each area served by a criti- section, the term ‘rural health care network’ ‘‘(2) provide more appropriate and flexible means a group of rural hospitals or other staffing and licensure standards; cal access hospital; rural health care providers (including clin- ‘‘(3) enhance the financial security of criti- ‘‘(iii) provides not more than 15 acute care ics, physicians and non-physicians primary cal access hospitals by requiring that medi- inpatient beds (meeting such standards as care providers) that have entered into a rela- care reimburse such facilities on a reason- the Secretary may establish) for providing tionship with each other or with nonrural able cost basis; and inpatient care for a period not to exceed 96 hospitals and health care providers for the ‘‘(4) promote linkages between critical ac- hours (unless a longer period is required be- purpose of strengthening the delivery of cess hospitals designated by the State under cause transfer to a hospital is precluded be- health care services in rural areas or specifi- this section and broader programs support- cause of inclement weather or other emer- cally to improve their patients’ access to ing the development of and transition to in- gency conditions), except that a peer review telemedicine services. At least 75 percent of tegrated provider networks. organization or equivalent entity may, on request, waive the 96-hour restriction on a hospitals and other health care providers ‘‘(b) ESTABLISHMENT.—Any State that sub- participating in the network shall be located mits an application in accordance with sub- case-by-case basis; in rural areas. section (c) may establish a medicare rural ‘‘(iv) meets such staffing requirements as ‘‘(j) REGULATIONS ON REIMBURSEMENT OF hospital flexibility program described in sub- would apply under section 1861(e) to a hos- TELEMEDICINE.—Not later than July 1, 1996, section (d). pital located in a rural area, except that— ‘‘(I) the facility need not meet hospital the Secretary, in consultation with the Of- ‘‘(c) APPLICATION.—A State may establish a fice of Rural Health and the Health Care Fi- medicare rural hospital flexibility program standards relating to the number of hours nancing Administration, shall develop and described in subsection (d) if the State sub- during a day, or days during a week, in submit to Congress a recommendation on a mits to the Secretary at such time and in which the facility must be open and fully methodology for determining payments such form as the Secretary may require an staffed, except insofar as the facility is re- under title XVIII of the Social Security Act application containing— quired to make available emergency care for telemedicine services.’’. ‘‘(1) assurances that the State— services as determined under clause (ii) and must have nursing services available on a 24- SEC. 7026. ESTABLISHMENT OF RURAL HEALTH ‘‘(A) has developed, or is in the process of OUTREACH GRANT PROGRAM. developing, a State rural health care plan hour basis, but need not otherwise staff the Title III of the Public Health Service Act that— facility except when an inpatient is present, (42 U.S.C. 241 et seq.) is amended by adding ‘‘(i) provides for the creation of one or ‘‘(II) the facility may provide any services at the end thereof the following new part: more rural health networks (as defined in otherwise required to be provided by a full- time, on site dietitian, pharmacist, labora- ‘‘PART O—RURAL HEALTH OUTREACH GRANTS subsection (e)) in the State, tory technician, medical technologist, and ‘‘SEC. 399O. RURAL HEALTH OUTREACH GRANT ‘‘(ii) promotes regionalization of rural health services in the State, and radiological technologist on a part-time, off PROGRAM. site basis under arrangements as defined in ‘‘(a) IN GENERAL.—The Secretary may ‘‘(iii) improves access to hospital and other section 1861(w)(1), and make grants to demonstrate the effective- health services for rural residents of the ‘‘(III) the inpatient care described in clause ness of outreach to populations in rural State; (iii) may be provided by a physician’s assist- areas that do not normally seek or do not ‘‘(B) has developed the rural health care ant, nurse practitioner, or clinical nurse spe- have access to health or mental health serv- plan described in subparagraph (A) in con- cialist subject to the oversight of a physician ices. Grants shall be awarded to enhance sultation with the hospital association of the who need not be present in the facility; and linkages, integration, and cooperation in State, rural hospitals located in the State, ‘‘(v) meets the requirements of subpara- order to provide health or mental health and the State Office of Rural Health (or, in graph (I) of paragraph (2) of section 1861(aa). services, to enhance services, or increase ac- the case of a State in the process of develop- ‘‘(3) DEEMED TO HAVE ESTABLISHED A PRO- cess to or utilization of health or mental ing such plan, that assures the Secretary GRAM.—A State that received a grant under health services. that the State will consult with its State this section on or before December 31, 1995, ‘‘(b) MISSION OF THE OUTREACH PROJECTS.— hospital association, rural hospitals located and the State of Montana shall be deemed to Projects funded under subsection (a) should in the State, and the State Office of Rural have established a program under this sub- be designed to facilitate the integration and Health in developing such plan); section. coordination of services in or among rural ‘‘(2) assurances that the State has des- communities in order to address the needs of ignated (consistent with the rural health ‘‘(e) RURAL HEALTH NETWORK DEFINED.— populations living in rural or frontier com- care plan described in paragraph (1)(A)), or is ‘‘(1) IN GENERAL.—For purposes of this sec- munities. in the process of so designating, rural non- tion, the term ‘rural health network’ means, ‘‘(c) COMPOSITION OF PROGRAM.— profit or public hospitals or facilities located with respect to a State, an organization con- ‘‘(1) CONSORTIUM ARRANGEMENT.—To be eli- in the State as critical access hospitals; and sisting of— gible to participate in the grant program es- ‘‘(3) such other information and assurances ‘‘(A) at least 1 facility that the State has tablished under subsection (a), an applicant as the Secretary may require. designated or plans to designate as a critical entity shall be a consortium of three or more ‘‘(d) MEDICARE RURAL HOSPITAL FLEXIBIL- access hospital, and separate and distinct entities formed to ITY PROGRAM DESCRIBED.— ‘‘(B) at least 1 hospital that furnishes carry out an outreach project under sub- ‘‘(1) IN GENERAL.—A State that has submit- acute care services. section (b). ted an application in accordance with sub- ‘‘(2) AGREEMENTS.— ‘‘(2) CERTAIN REQUIREMENTS.—A consor- section (c), may establish a medicare rural ‘‘(A) IN GENERAL.—Each critical access hos- tium under paragraph (1) shall be composed hospital flexibility program that provides pital that is a member of a rural health net- of three or more public or private nonprofit that— work shall have an agreement with respect health care or social service providers. Con- ‘‘(A) the State shall develop at least one to each item described in subparagraph (B) sortium members may include local health rural health network (as defined in sub- with at least 1 hospital that is a member of departments, community or migrant health section (e)) in the State; and the network. S 16536 CONGRESSIONAL RECORD — SENATE November 1, 1995

‘‘(B) ITEMS DESCRIBED.—The items de- sion of this title, with respect to any medical (B) Section 1128B(c) (42 U.S.C. 1320a–7b(c)) scribed in this subparagraph are the follow- assistance facility or rural primary care hos- is amended by striking ‘‘rural primary care ing: pital described in paragraph (1), any ref- hospital’’ and inserting ‘‘critical access hos- ‘‘(i) Patient referral and transfer. erence in this title to a ‘critical access hos- pital’’. ‘‘(ii) The development and use of commu- pital’ shall be deemed to be a reference to a (C) Section 1134 (42 U.S.C. 1320b–4) is nications systems including (where fea- ‘medical assistance facility’ or ‘rural pri- amended by striking ‘‘rural primary care sible)— mary care hospital’. hospitals’’ each place it appears and insert- ‘‘(I) telemetry systems, and ‘‘(j) WAIVER OF CONFLICTING PART A PROVI- ing ‘‘critical access hospitals’’. ‘‘(II) systems for electronic sharing of pa- SIONS.—The Secretary is authorized to waive (D) Section 1138(a)(1) (42 U.S.C. 1320b– tient data. such provisions of this part and part C as are 8(a)(1)) is amended— ‘‘(iii) The provision of emergency and non- necessary to conduct the program estab- (i) in the matter preceding subparagraph emergency transportation among the facil- lished under this section. (A), by striking ‘‘rural primary care hos- ity and the hospital. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— pital’’ and inserting ‘‘critical access hos- ‘‘(C) CREDENTIALING AND QUALITY ASSUR- There are authorized to be appropriated from pital’’; and ANCE.—Each critical access hospital that is a the Federal Hospital Insurance Trust Fund (ii) in the matter preceding clause (i) of member of a rural health network shall have for making grants to all States under sub- subparagraph (A), by striking ‘‘rural primary an agreement with respect to credentialing section (h), $25,000,000 in each of the fiscal care hospital’’ and inserting ‘‘critical access and quality assurance with at least 1— years 1996 through 2000.’’. hospital’’. ‘‘(i) hospital that is a member of the net- (b) REPORT ON ALTERNATIVE TO 96-HOUR (E) Section 1816(c)(2)(C) (42 U.S.C. work; RULE.—Not later than January 1, 1996, the 1395h(c)(2)(C)) is amended by striking ‘‘rural ‘‘(ii) peer review organization or equiva- Administrator of the Health Care Financing primary care hospital’’ and inserting ‘‘criti- lent entity; or Administration shall submit to the Congress cal access hospital’’. ‘‘(iii) other appropriate and qualified en- a report on the feasibility of, and adminis- (F) Section 1833 (42 U.S.C. 1395l) is amend- tity identified in the State rural health care trative requirements necessary to establish ed— plan. an alternative for certain medical diagnoses (i) in subsection (h)(5)(A)(iii), by striking ‘‘(f) CERTIFICATION BY THE SECRETARY.— (as determined by the Administrator) to the ‘‘rural primary care hospital’’ and inserting The Secretary shall certify a facility as a 96-hour limitation for inpatient care in criti- critical access hospital if the facility— cal access hospitals required by section ‘‘critical access hospital’’; ‘‘(1) is located in a State that has estab- 1820(d)(2)(B)(iii). (ii) in subsection (i)(1)(A), by striking lished a medicare rural hospital flexibility (c) PART A AMENDMENTS RELATING TO ‘‘rural primary care hospital’’ and inserting program in accordance with subsection (d); RURAL PRIMARY CARE HOSPITALS AND CRITI- ‘‘critical access hospital’’; ‘‘(2) is designated as a critical access hos- CAL ACCESS HOSPITALS.— (iii) in subsection (i)(3)(A), by striking pital by the State in which it is located; and (1) DEFINITIONS.—Section 1861(mm) (42 ‘‘rural primary care hospital services’’ and ‘‘(3) meets such other criteria as the Sec- U.S.C. 1395x(mm)) is amended to read as fol- inserting ‘‘critical access hospital services’’; retary may require. lows: (iv) in subsection (l)(5)(A), by striking ‘‘(g) PERMITTING MAINTENANCE OF SWING ‘‘rural primary care hospital’’ each place it ‘‘CRITICAL ACCESS HOSPITAL; CRITICAL ACCESS BEDS.—Nothing in this section shall be con- appears and inserting ‘‘critical access hos- HOSPITAL SERVICES strued to prohibit a critical access hospital pital’’; and from entering into an agreement with the ‘‘(mm)(1) The term ‘critical access hos- (v) in subsection (l)(5)(B), by striking Secretary under section 1883 to use the beds pital’ means a facility certified by the Sec- ‘‘rural primary care hospital’’ each place it designated for inpatient cases pursuant to retary as a critical access hospital under sec- appears and inserting ‘‘critical access hos- subsection (d)(2)(A)(iii) for extended care tion 1820(f). pital’’. services. ‘‘(2) The term ‘inpatient critical access (G) Section 1835(c) (42 U.S.C. 1395n(c)) is ‘‘(h) GRANTS.— hospital services’ means items and services, amended by striking ‘‘rural primary care ‘‘(1) MEDICARE RURAL HOSPITAL FLEXIBILITY furnished to an inpatient of a critical access hospital’’ each place it appears and inserting hospital by such facility, that would be inpa- PROGRAM.—The Secretary may award grants ‘‘critical access hospital’’. tient hospital services if furnished to an in- to States that have submitted applications (H) Section 1842(b)(6)(A)(ii) (42 U.S.C. patient of a hospital by a hospital.’’. in accordance with subsection (c) for— 1395u(b)(6)(A)(ii)) is amended by striking (2) COVERAGE AND PAYMENT.—(A) Section ‘‘(A) engaging in activities relating to ‘‘rural primary care hospital’’ and inserting 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended by planning and implementing a rural health ‘‘critical access hospital’’. care plan; striking ‘‘or inpatient rural primary care (I) Section 1861 (42 U.S.C. 1395x) is amend- ‘‘(B) engaging in activities relating to hospital services’’ and inserting ‘‘or inpa- ed— planning and implementing rural health net- tient critical access hospital services’’. (i) in the last sentence of subsection (e), by works; and (B) Section 1814 (42 U.S.C. 1395f) is amend- striking ‘‘rural primary care hospital’’ and ‘‘(C) designating facilities as critical ac- ed— inserting ‘‘critical access hospital’’; cess hospitals. (i) on subsection (a)(8)— (ii) in subsection (v)(1)(S)(ii)(III), by strik- ‘‘(2) RURAL EMERGENCY MEDICAL SERV- (I) by striking ‘‘rural primary care hos- ing ‘‘rural primary care hospital’’ and insert- ICES.— pital’’ each place it appears and inserting ing ‘‘critical access hospital’’; ‘‘(A) IN GENERAL.—The Secretary may ‘‘critical access hospital’’; and (iii) in subsection (w)(1), by striking ‘‘rural award grants to States that have submitted (II) by striking ‘‘72’’ and inserting ‘‘96’’; primary care hospital’’ and inserting ‘‘criti- applications in accordance with subpara- (ii) in subsection (b), by striking ‘‘other graph (B) for the establishment or expansion than a rural primary care hospital providing cal access hospital’’; and of a program for the provision of rural emer- inpatient rural primary care hospital serv- (iv) in subsection (w)(2), by striking ‘‘rural gency medical services. ices,’’ and inserting ‘‘other than a critical primary care hospital’’ each place it appears and inserting ‘‘critical access hospital’’. ‘‘(B) APPLICATION.—An application is in ac- access hospital providing inpatient critical cordance with this subparagraph if the State access hospital services,’’; and (J) Section 1862(a)(14) (42 U.S.C. submits to the Secretary at such time and in (iii) by amending subsection (l) to read as 1395y(a)(14)) is amended by striking ‘‘rural such form as the Secretary may require an follows: primary care hospital’’ each place it appears application containing the assurances de- ‘‘(l) PAYMENT FOR INPATIENT CRITICAL AC- and inserting ‘‘critical access hospital’’. scribed in subparagraphs (A)(ii), (A)(iii), and CESS HOSPITAL SERVICES.—The amount of (K) Section 1866(a)(1) (42 U.S.C 1395cc(a)(1)) (B) of subsection (c)(1) and paragraph (3) of payment under this part for inpatient criti- is amended— such subsection. cal access hospital services is the reasonable (i) in subparagraph (F)(ii), by striking ‘‘(i) GRANDFATHERING OF CERTAIN FACILI- costs of the critical access hospital in pro- ‘‘rural primary care hospitals’’ and inserting TIES.— viding such services.’’. ‘‘critical access hospitals’’; ‘‘(1) IN GENERAL.—Any medical assistance (3) TREATMENT OF CRITICAL ACCESS HOS- (ii) in subparagraph (H), in the matter pre- facility operating in Montana and any rural PITALS AS PROVIDERS OF SERVICES.—(A) Sec- ceding clause (i), by striking ‘‘rural primary primary care hospital designated by the Sec- tion 1861(u) (42 U.S.C. 1395x(u)) is amended by care hospitals’’ and ‘‘rural primary care hos- retary under this section prior to the date of striking ‘‘rural primary care hospital’’ and pital services’’ and inserting ‘‘critical access the enactment of the Rural Health Improve- inserting ‘‘critical access hospital’’. hospitals’’ and ‘‘critical access hospital serv- ment Act of 1995 shall be deemed to have (B) The first sentence of section 1864(a) (42 ices’’, respectively; been certified by the Secretary under sub- U.S.C. 1395aa(a)) is amended by striking ‘‘a (iii) in subparagraph (I), in the matter pre- section (f) as a critical access hospital if rural primary care hospital’’ and inserting ceding clause (i), by striking ‘‘rural primary such facility or hospital is otherwise eligible ‘‘a critical access hospital’’. care hospital’’ and inserting ‘‘critical access to be designated by the State as a critical (4) CONFORMING AMENDMENTS.—(A) Section hospital’’; and access hospital under subsection (d). 1128A(b)(1) (42 U.S.C. 1320a–7a(b)(1)) is amend- (iv) in subparagraph (N)— ‘‘(2) CONTINUATION OF MEDICAL ASSISTANCE ed by striking ‘‘rural primary care hospital’’ (I) in the matter preceding clause (i), by FACILITY AND RURAL PRIMARY CARE HOSPITAL each place it appears and inserting ‘‘critical striking ‘‘rural primary hospitals’’ and in- TERMS.—Notwithstanding any other provi- access hospital’’. serting ‘‘critical access hospitals’’, and November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16537 (II) in clause (i), by striking ‘‘rural pri- SEC. 7028. PARITY FOR RURAL HOSPITALS FOR ‘‘(B) Making payments described in sub- mary care hospital’’ and inserting ‘‘critical DISPROPORTIONATE SHARE PAY- paragraph (A). access hospital’’. MENTS. ‘‘(C) Provision of consultative services to (L) Section 1866(a)(3) (42 U.S.C 1395cc(a)(3)) (a) DISPROPORTIONATE SHARE ADJUSTMENT institutions or agencies to enable them to is amended— PERCENTAGE.—Section 1886(d)(5)(F)(iv) (42 establish and maintain fiscal records nec- (i) by striking ‘‘rural primary care hos- U.S.C. 1395ww(d)(5)(F)(iv)) is amended— essary for purposes of this part and other- pital’’ each place it appears in subparagraphs (1) in subclause (I), by inserting ‘‘or rural’’ wise to qualify as providers of services. (A) and (B) and inserting ‘‘critical access after ‘‘urban’’, ‘‘(D) Serving as a center for, and commu- (2) in subclause (II), by inserting ‘‘or rural’’ hospital’’; and nicate to individuals entitled to benefits after ‘‘urban’’, (ii) in subparagraph (C)(ii)(II), by striking under this part and to providers of services, (3) by striking subclause (III) and redesig- ‘‘rural primary care hospitals’’ each place it any information or instructions furnished to nating subclauses (IV), (V), and (VI), as appears and inserting ‘‘critical access hos- the agency or organization by the Secretary, subclauses (III), (IV), and (V), respectively, pitals’’. and serve as a channel of communication (4) in subclause (III), as redesignated, by (M) Section 1867(e)(5) (42 U.S.C. from individuals entitled to benefits under striking ‘‘10 percent’’ and inserting ‘‘15 per- 1395dd(e)(5)) is amended by striking ‘‘rural this part and from providers of services to cent’’, primary care hospital’’ and inserting ‘‘criti- the Secretary. (5) in subclause (IV), as redesignated, to cal access hospital’’. ‘‘(E) Making such audits of the records of read as follows: (d) PAYMENT CONTINUED TO DESIGNATED ‘‘(IV) is located in a rural area, is classified providers of services as may be necessary to EACHS.—Section 1886(d)(5)(D) (42 U.S.C. as a rural referral center under subparagraph ensure that proper payments are made under 1395ww(d)(5)(D)) is amended— (C), is not classified as a sole community this part. (1) in clause (iii)(III), by inserting ‘‘as in hospital under subparagraph (D) and— ‘‘(F) Performance of the functions de- effect or designated by the State on January ‘‘(aa) has 100 or more beds, is equal to the scribed under subsection (d). 1, 1996’’ before the period at the end; and percent determined in accordance with the ‘‘(G) Performance of such other functions (2) in clause (v)— applicable formula described in clause (vii), as are necessary to carry out the purposes of (A) by inserting ‘‘as in effect or designated or this part. by the State on January 1, 1996’’ after ‘‘(bb) has less than 100 beds, is equal to 5 ‘‘(2) As used in this title and title XI, the ‘‘1820(i)(1)’’; and percent; or’’, and term ‘fiscal intermediary’ means an agency (B) by striking ‘‘1820(g)’’ and inserting (6) in subclause (V), as redesignated, by or organization with a contract under this ‘‘1820(e)’’. striking ‘‘10 percent’’ and inserting ‘‘15 per- section.’’. (e) PART B AMENDMENTS RELATING TO CRIT- cent’’. (2) Subsections (d) and (e) of section 1816 ICAL ACCESS HOSPITALS.— (b) SERVES A SIGNIFICANTLY DISPROPOR- (42 U.S.C. 1395h) are amended to read as fol- (1) COVERAGE.—(A) Section 1861(mm) (42 TIONATE NUMBER OF LOW-INCOME PATIENTS.— lows: U.S.C. 1395x(mm)) as amended by subsection Section 1886(d)(5)(F)(v) (42 U.S.C. ‘‘(d) Each provider of services shall have a (d)(1), is amended by adding at the end the 1395ww(d)(5)(F)(v)) is amended by striking fiscal intermediary that— following new paragraph: subclauses (II) through (IV) and inserting the ‘‘(1) acts as a single point of contact for ‘‘(3) The term ‘outpatient critical access following subclauses: the provider of services under this part, hospital services’ means medical and other ‘‘(II) 20 percent, if the hospital is located in ‘‘(2) makes its services sufficiently avail- health services furnished by a critical access a rural area and has 100 or more beds, able to meet the needs of the provider of hospital on an outpatient basis.’’. ‘‘(III) 40 percent, if the hospital is located services, and (B) Section 1832(a)(2)(H) (42 U.S.C. in a rural area and has less than 100 beds, ‘‘(3) is responsible and accountable for ar- 1395k(a)(2)(H)) is amended by striking ‘‘rural ‘‘(IV) 20 percent, if the hospital is located ranging the resolution of issues raised under primary care hospital services’’ and insert- in a rural area and is classified as a sole ing ‘‘critical access hospital services’’. community hospital under subparagraph (D), this part by the provider of services. (2) PAYMENT.—(A) Section 1833(a) (42 U.S.C. ‘‘(V) 15 percent, if the hospital is located in ‘‘(e)(1)(A) The Secretary shall, at least 1395l(a)) is amended in paragraph (6), by a rural area, is classified as a rural referral every 5 years, permit each provider of serv- striking ‘‘outpatient rural primary care hos- center, is not classified as a sole community ices (other than a home health agency or a pital services’’ and inserting ‘‘outpatient hospital under subparagraph (D), and has 100 hospice program) to choose an agency or or- critical access services’’. or more beds, or ganization (from at least 3 proposed by the (B) Section 1834(g) (42 U.S.C. 1395m(g)) is ‘‘(VI) 40 percent, if the hospital is located Secretary, of which at least 1 shall have an amended to read as follows: in a rural area, is classified as a rural refer- office in the geographic area of the provider ‘‘(g) PAYMENT FOR OUTPATIENT CRITICAL ral center, is not classified as a sole commu- of services, except as provided by subpara- ACCESS HOSPITAL SERVICES.— nity hospital under subparagraph (D), and graph (B)(ii)(II)) as the fiscal intermediary ‘‘(1) IN GENERAL.—The amount of payment has less than 100 beds.’’. under subsection (d) for that provider of for outpatient critical access hospital serv- (c) EFFECTIVE DATE.—The amendments services. If a contract with that fiscal ices provided in a critical access hospital made by this section shall apply to dis- intermediary is discontinued, the Secretary under this part shall be determined by one of charges occurring on or after October 1, 1995. shall permit the provider of services to the 2 following methods, as elected by the CHAPTER 4—GENERAL PROGRAM choose under the same conditions from 3 critical access hospital: IMPROVEMENTS AND REFORM other agencies or organizations. ‘‘(A) REASONABLE COST.—The amount of ‘‘(B)(i) The Secretary, in carrying out sub- payment under this part for outpatient criti- SEC. 7031. INCREASED FLEXIBILITY IN CON- TRACTING FOR MEDICARE CLAIMS paragraph (A), shall permit a group of hos- cal access hospital services is the reasonable PROCESSING. pitals (or a group of another class of provid- costs of the critical access hospital in pro- (a) CARRIERS TO INCLUDE ENTITIES THAT ers other than home health agencies or hos- viding such services. ARE NOT INSURANCE COMPANIES.— pice programs) under common ownership by, ‘‘(B) ALL-INCLUSIVE RATE.—With respect to (1) Section 1842(a) (42 U.S.C. 1395u(a)) is or control of, a particular entity to choose both facility services and professional medi- amended in the matter preceding paragraph one agency or organization (from at least 3 cal services, there shall be paid amounts (1) by striking ‘‘with carriers’’ and inserting proposed by the Secretary) as the fiscal equal to the costs which are reasonable and ‘‘with agencies and organizations (hereafter intermediary under subsection (d) for all the related to the cost of furnishing such serv- in this section referred to as ‘carriers’)’’. providers in that group if the conditions ices or which are based on such other tests of (2) Section 1842(f) (42 U.S.C. 1395u(f)) is re- specified in clause (ii) are met. reasonableness as the Secretary may pre- pealed. ‘‘(ii) The conditions specified in this clause scribe in regulations, less the amount the (b) CHOICE OF FISCAL INTERMEDIARIES BY are that— hospital may charge as described in clause PROVIDERS OF SERVICES; SECRETARIAL FLEXI- ‘‘(I) the group includes all the providers of (i) of section 1866(a)(2)(A), but in no case may BILITY IN ASSIGNING FUNCTIONS TO services of that class that are under common the payment for such services (other than for INTERMEDIARIES AND CARRIERS.— items and services described in section (1) Section 1816(a) (42 U.S.C. 1395h(a)) to ownership by, or control of, that particular 1861(s)(10)(A)) exceed 80 percent of such costs. read as follows: entity, and ‘‘(II) all the providers of services in that The amount of payment shall be determined ‘‘(a)(1) The Secretary may enter into con- group agree that none of the agencies or or- under either method without regard to the tracts with agencies or organizations to per- ganizations proposed by the Secretary is re- amount of the customary or other charge.’’. form any or all of the following functions, or quired to have an office in any particular ge- (f) SWING BEDS.—Section 1883 (42 U.S.C. parts of those functions (or, to the extent 1395tt) is amended by adding at the end the provided in a contract, to secure perform- ographic area. following new subsection: ance thereof by other organizations): ‘‘(2) The Secretary, in evaluating the per- ‘‘(g) Nothing in this section shall prohibit ‘‘(A) Determination (subject to the provi- formance of a fiscal intermediary, shall so- the Secretary from entering into an agree- sions of section 1878 and to such review by licit comments from providers of services.’’. ment with a critical access hospital.’’. the Secretary as may be provided for by the (3)(A) Section 1816(b)(1)(A) (42 U.S.C. (g) EFFECTIVE DATE.—The amendments contracts) the amount of the payments re- 1395h(b)(1)(A)) is amended by striking ‘‘after made by this section shall apply to services quired pursuant to this part to be made to applying the standards, criteria, and proce- furnished on or after January 1, 1996. providers of services. dures’’ and inserting ‘‘after evaluating the S 16538 CONGRESSIONAL RECORD — SENATE November 1, 1995 ability of the agency or organization to ful- provides for making payments under this (1) The first sentence of section 1816(c)(1) fill the contract performance requirements’’. part’’ after ‘‘this section’’. (42 U.S.C. 1395h(c)(1)) is amended— (B) The first sentence of section 1816(f)(1) (C) Section 1816(k) (42 U.S.C. 1395h(k)) is (A) by striking the comma after ‘‘appro- (42 U.S.C. 1395h(f)(1)) is amended— amended by inserting ‘‘(as appropriate)’’ priate’’ and inserting ‘‘and’’, and (i) by striking ‘‘develop standards, criteria, after ‘‘submit’’. (B) by striking ‘‘subsection (a)’’and all and procedures’’ and inserting ‘‘, after public (D) Section 1842(a) (42 U.S.C. 1395u(a)) is that follows through the period and inserting notice and opportunity for comment, develop amended in the matter preceding paragraph ‘‘subsection (a).’’. contract performance requirements’’, and (1) by striking ‘‘some or all of the following (2) Section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) (ii) by striking ‘‘, and the Secretary shall functions’’ and inserting ‘‘any or all of the is further amended by striking the second establish standards and criteria with respect following functions, or parts of those func- and third sentences. to the efficient and effective administration tions’’. (3) The first sentence of section 1842(c)(1) of this part’’. (E) The first sentence of section (42 U.S.C. 1395u(c)(1)) is amended— (C) The second sentence of section 1842(b)(2)(C) (42 U.S.C. 1395u(b)(2)(C)) is (A) by striking ‘‘shall provide’’ the first 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is amended by inserting ‘‘(as appropriate)’’ place it appears and inserting ‘‘may pro- amended to read as follows: ‘‘The Secretary after ‘‘carriers’’. vide’’, and shall, after public notice and opportunity for (F) Section 1842(b)(3) (42 U.S.C. 1395u(b)(3)) (B) by striking ‘‘this part’’ and all that fol- comment, develop contract performance re- is amended in the matter preceding subpara- lows through the period and inserting ‘‘this quirements for the efficient and effective graph (A) by inserting ‘‘(as appropriate)’’ part.’’. performance of contract obligations under after ‘‘contract’’. (4) Section 1842(c)(1) (42 U.S.C. 1395u(c)(1)) this section.’’. (G) Section 1842(b)(7)(A) (42 U.S.C. is further amended by striking the second (D) Section 1842(b)(2)(A) (42 U.S.C. 1395u(b)(7)(A)) is amended in the matter pre- and third sentences. 1395u(b)(2)(A)) is amended by striking the ceding clause (i) by striking ‘‘the carrier’’ (5) Section 2326(a) of the Deficit Reduction third sentence. and inserting ‘‘a carrier’’. Act of 1984 is repealed. (E) Section 1842(b)(2)(B) (42 U.S.C. (H) Section 1842(b)(11)(A) (42 U.S.C. (f) COMPETITION REQUIRED FOR NEW CON- 1395u(b)(2)(B)) is amended in the matter pre- 1395u(b)(11)(A)) is amended in the matter pre- TRACTS AND IN CASES OF POOR PERFORM- ceding clause (i) by striking ‘‘establish ceding clause (i) by inserting ‘‘(as appro- ANCE.— standards’’ and inserting ‘‘develop contract priate)’’ after ‘‘each carrier’’. (1) Section 1816(c) (42 U.S.C. 1395h(c)) is performance requirements’’. (I) Section 1842(h)(2) (42 U.S.C. 1395u(h)(2)) amended by adding at the end the following (F) Section 1842(b)(2)(D) (42 U.S.C. is amended in the first sentence by inserting new paragraph: 1395u(b)(2)(D)) is amended by striking ‘‘(as appropriate)’’ after ‘‘shall’’. ‘‘(4)(A) A contract with a fiscal ‘‘standards and criteria’’ each place it ap- (J) Section 1842(h)(5)(A) (42 U.S.C. intermediary under this section may be re- pears and inserting ‘‘contract performance 1395u(h)(5)(A)) is amended by inserting ‘‘(as newed from term to term without regard to requirements’’. appropriate)’’ after ‘‘carriers’’. any provision of law requiring competition if (4)(A) Section 1816(b) (42 U.S.C. 1395h(b)) is (7)(A) Section 1816(c)(2)(C) (42 U.S.C. the fiscal intermediary has met or exceeded amended in the matter preceding paragraph 1395h(c)(2)(C)) is amended by striking ‘‘hos- the performance requirements established in (1) by striking ‘‘an agreement’’ and inserting pital, rural primary care hospital, skilled the current contract. ‘‘a contract’’. nursing facility, home health agency, hos- ‘‘(B) Functions may be transferred among (B) Paragraphs (1)(B) and (2)(A) of section pice program, comprehensive outpatient re- fiscal intermediaries without regard to any 1816(b) (42 U.S.C. 1395h(b)) are each amended habilitation facility, or rehabilitation agen- provision of law requiring competition.’’. by striking ‘‘agreement’’ and inserting ‘‘con- cy’’ and inserting ‘‘provider of services’’. (2) Section 1842(b)(1) (42 U.S.C. 1395u(b)(1)) tract’’. (B) Section 1816(j) (42 U.S.C. 1395h(j)) is is amended to read as follows: (C) The first sentence of section 1816(c)(1) amended in the matter preceding paragraph ‘‘(b)(1)(A) A contract with a carrier under (42 U.S.C. 1395h(c)(1)) is amended by striking (1) by striking ‘‘for home health services, ex- subsection (a) may be renewed from term to ‘‘An agreement’’ and inserting ‘‘A contract’’. tended care services, or post-hospital ex- term without regard to any provision of law (D) The last sentence of section 1816(c)(1) tended care services’’. requiring competition if the carrier has met (42 U.S.C. 1395h(c)(1)) is amended by striking (8) Section 1842(a)(3) (42 U.S.C. 1395u(a)(3)) or exceeded the performance requirements ‘‘an agreement’’ and inserting ‘‘a contract’’. is amended by inserting ‘‘(to and from indi- established in the current contract. (E) Section 1816(c)(2)(A) (42 U.S.C. viduals enrolled under this part and to and ‘‘(B) Functions may be transferred among 1395h(c)(2)(A)) is amended in the matter pre- from physicians and other entities that fur- carriers without regard to any provision of ceding clause (i) by striking ‘‘agreement’’ nish items and services)’’ after ‘‘communica- law requiring competition.’’. and inserting ‘‘contract’’. tion’’. (g) WAIVER OF COMPETITIVE REQUIREMENTS (F) Section 1816(c)(3)(A) (42 U.S.C. (c) ELIMINATION OF SPECIAL PROVISIONS FOR FOR INITIAL CONTRACTS.— 1395h(c)(3)(A)) is amended by striking TERMINATIONS OF CONTRACTS.— (1) Contracts that have periods that begin ‘‘agreement’’ and inserting ‘‘contract’’. (1) Section 1816(b) (42 U.S.C. 1395h(b)) is during the 1-year period that begins on the (G) The first sentence of section 1816(f)(1) amended in the matter preceding paragraph first day of the fourth calendar month that (42 U.S.C. 1395h(f)(1)) is amended by striking (1) is amended by striking ‘‘or renew’’. begins after the date of enactment of this ‘‘an agreement’’ and inserting ‘‘a contract’’. (2) The last sentence of section 1816(c)(1) Act may be entered into under section (H) Section 1816(h) (42 U.S.C. 1395h(h)) is (42 U.S.C. 1395h(c)(1)) is amended by striking 1816(a) of the Social Security Act (42 U.S.C. amended— ‘‘or renewing’’. 1395h(a)) without regard to any provision of (i) by striking ‘‘An agreement’’ and insert- (3) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is law requiring competition. ing ‘‘A contract’’, and amended— (2) The amendments made by subsection (f) (ii) by striking ‘‘the agreement’’ each place (A) by striking ‘‘, renew, or terminate’’, apply to contracts that have periods begin- it appears and inserting ‘‘the contract’’. and ning after the end of the 1-year period speci- (I) Section 1816(i)(1) (42 U.S.C. 1395h(i)(1)) is (B) by striking ‘‘, whether the Secretary fied in paragraph (1). amended by striking ‘‘an agreement’’ and in- should assign or reassign a provider of serv- (h) EFFECTIVE DATES.— serting ‘‘a contract’’. ices to an agency or organization,’’. (1) The amendments made by subsection (J) Section 1816(j) (42 U.S.C. 1395h(j)) is (4) Section 1816(g) (42 U.S.C. 1395h(g)) is re- (c) apply to contracts that have periods end- amended by striking ‘‘An agreement’’ and in- pealed. ing on, or after, the end of the third calendar serting ‘‘A contract’’. (5) The last sentence of section 1842(b)(2)(A) month that begins after the date of enact- (K) Section 1816(k) (42 U.S.C. 1395h(k)) is (42 U.S.C. 1395u(b)(2)(A)) is amended by strik- ment of this Act. amended by striking ‘‘An agreement’’ and in- ing ‘‘or renewing’’. (2) The amendments made by subsections serting ‘‘A contract’’. (6) Section 1842(b) (42 U.S.C. 1395u(b)) is (a), (b), (d), and (e) apply to contracts that (L) Section 1842(a) (42 U.S.C. 1395u(a)) is amended by striking paragraph (5). have periods beginning after the third cal- amended in the matter preceding paragraph (d) REPEAL OF FISCAL INTERMEDIARY RE- endar month that begins after the date of en- (1) is amended by striking ‘‘agreements’’ and QUIREMENTS THAT ARE NOT COST-EFFEC- actment of this Act. inserting ‘‘contracts’’. TIVE.—Section 1816(f)(2) (42 U.S.C. 1395h(f)(2)) SEC. 7032. EXPANSION OF CENTERS OF EXCEL- (M) Section 1842(h)(3)(A) (42 U.S.C. is amended to read as follows: LENCE. 1395u(h)(3)(A)) is amended by striking ‘‘an ‘‘(2) The contract performance require- (a) IN GENERAL.—The Secretary of Health agreement’’ and inserting ‘‘a contract’’. ments developed under paragraph (1) shall and Human Services (hereafter referred to as (5) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is include, with respect to claims for services the ‘‘Secretary’’) shall use a competitive amended by striking the second sentence. furnished under this part by any provider of process to contract with centers of excel- (6)(A) Section 1816(c)(2)(A) (42 U.S.C. services other than a hospital, whether such lence for cataract surgery and coronary ar- 1395h(c)(2)(A)) is amended in the matter pre- agency or organization is able to process 75 tery bypass surgery, and any other appro- ceding clause (i) by inserting ‘‘that provides percent of reconsiderations within 60 days priate services designated by the Secretary. for making payments under this part’’ after and 90 percent of reconsiderations within 90 Payment under title XVIII of the Social Se- ‘‘this section’’. days.’’. curity Act will be made for services subject (B) Section 1816(c)(3)(A) (42 U.S.C. (e) REPEAL OF COST REIMBURSEMENT RE- to such contracts on the basis of negotiated 1395h(c)(3)(A)) is amended by inserting ‘‘that QUIREMENTS.— or all-inclusive rates as follows: November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16539 (1) The center shall cover services provided seq.) are lost to fraud, medically unnecessary shall apply to a person providing informa- in an urban area (as defined in section services, and other abuse; tion to the Secretary or the Attorney Gen- 1886(d)(2)(D) of the Social Security Act) for (B) the Office of Inspector General of the eral in conjunction with their performance years beginning with fiscal year 1996. Department of Health and Human Services of duties under this section. (2) The amount of payment made by the (hereinafter referred to as the Inspector Gen- ‘‘(4) ENSURING ACCESS TO DOCUMENTATION.— Secretary to the center under title XVIII of eral) and the Attorney General is effective in The Inspector General of the Department of the Social Security Act for services covered combating fraud and abuse under the medi- Health and Human Services is authorized to under the contract shall be less than the ag- care program and returning misspent funds exercise such authority described in para- gregate amount of the payments that the to the Federal Treasury at a rate many graphs (3) through (9) of section 6 of the In- Secretary would have made to the center for times the amount invested in Inspector Gen- spector General Act of 1978 (5 U.S.C. App.) as such services had the contract not been in ef- eral and Attorney General activities; and necessary with respect to the activities fect. (C) the investigations, audits, and other under the fraud and abuse control program (3) The Secretary shall make payments to activities of the Inspector General and the established under this subsection. the center on such a basis for the following Attorney General have been severely cur- ‘‘(5) AUTHORITY OF INSPECTOR GENERAL.— services furnished to individuals entitled to tailed by budget constraints, particularly Nothing in this Act shall be construed to di- benefits under such title: the limits imposed by the ceilings on discre- minish the authority of any Inspector Gen- (A) Facility, professional, and related serv- tionary spending. eral, including such authority as provided in ices relating to cataract surgery. (2) PURPOSE.—It is the purpose of this Act the Inspector General Act of 1978 (5 U.S.C. (B) Coronary artery bypass surgery and re- to ensure a continued and adequate source of App.). funding for the medicare anti-fraud and lated services. ‘‘(b) ADDITIONAL USE OF FUNDS BY INSPEC- abuse activities of the Inspector General and (b) REBATE OF PORTION OF SAVINGS.—In the TOR GENERAL.— the Attorney General. case of any services provided under a con- ‘‘(1) REIMBURSEMENTS FOR INVESTIGA- (b) ESTABLISHMENT OF PROGRAM.—Title XI tract conducted under subsection (a), the TIONS.—The Inspector General of the Depart- Secretary shall make a payment to each in- (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new part: ment of Health and Human Services is au- dividual to whom such services are furnished thorized to receive and retain for current use SEC. . FRAUD AND ABUSE CONTROL PROGRAM. (at such time and in such manner as the Sec- reimbursement for the costs of conducting (a) ESTABLISHMENT OF PROGRAM.—Title XI retary may provide) in an amount equal to 10 investigations and audits and for monitoring (42 U.S.C. 1301 et seq.) is amended by insert- percent of the amount by which— compliance plans when such costs are or- ing after section 1128B the following new sec- (1) the amount of payment that would have dered by a court, voluntarily agreed to by tion: been made by the Secretary under title the payer, or otherwise. ‘‘FRAUD AND ABUSE CONTROL PROGRAM XVIII of the Social Security Act to the cen- ‘‘(2) CREDITING.—Funds received by the In- ter for such services if the services had not ‘‘SEC. 1128C. (a) ESTABLISHMENT OF PRO- spector General under paragraph (1) as reim- been provided under the contract, exceeds GRAM.— bursement for costs of conducting investiga- (2) the amount of payment made by the ‘‘(1) IN GENERAL.—Not later than January tions shall be deposited to the credit of the Secretary under such title to the center for 1, 1996, the Secretary, acting through the Of- appropriation from which initially paid, or such services. fice of the Inspector General of the Depart- to appropriations for similar purposes cur- (c) INFORMATION.—The Secretary shall in- ment of Health and Human Services, and the rently available at the time of deposit, and clude in the annual notice mailed under sec- Attorney General shall establish a pro- shall remain available for obligation for 1 tion 1804 of the Social Security Act (42 gram— year from the date of the deposit of such U.S.C. 1395b–2) information regarding the ‘‘(A) to coordinate Federal, State, and funds. availability of centers of excellence under local law enforcement programs to control ‘‘(c) HEALTH PLAN DEFINED.—For purposes this section and notification that an individ- fraud and abuse with respect to the delivery of this section, the term ‘health plan’ means ual may be directed to local centers of excel- of and payment for health care in the United a plan or program that provides health bene- lence by calling the toll-free number estab- States, fits, whether directly, through insurance, or lished under subsection (b) of such section. ‘‘(B) to conduct investigations, audits, otherwise, and includes— evaluations, and inspections relating to the SEC. 7033. SELECTIVE CONTRACTING. ‘‘(1) a policy of health insurance; delivery of and payment for health care in (a) IN GENERAL.—The Secretary of Health ‘‘(2) a contract of a service benefit organi- the United States, and Human Services (hereafter referred to as zation; and ‘‘(C) to facilitate the enforcement of the the ‘‘Secretary’’) may selectively contract ‘‘(3) a membership agreement with a health provisions of sections 1128, 1128A, and 1128B with specialized programs that manage maintenance organization or other prepaid and other statutes applicable to health care chronic diseases, complex acute care needs, health plan.’’. and the needs of disabled medicare bene- fraud and abuse, and ficiaries. Payment under title XVIII of the ‘‘(D) to provide for the modification and es- (b) ESTABLISHMENT OF HEALTH CARE FRAUD Social Security Act will be made for services tablishment of safe harbors and to issue in- AND ABUSE CONTROL ACCOUNT IN FEDERAL subject to such contracts subject to such terpretative rulings and special fraud alerts HOSPITAL INSURANCE TRUST FUND.—Section contracts on the basis of negotiated rates. pursuant to section 1128D. 1817 (42 U.S.C. 1395i) is amended by adding at The Secretary shall ensure that such con- ‘‘(2) COORDINATION WITH HEALTH PLANS.—In the end the following new subsection: tracts do not limit access to services in rural carrying out the program established under ‘‘(k) HEALTH CARE FRAUD AND ABUSE CON- and undesirable areas. paragraph (1), the Secretary and the Attor- TROL ACCOUNT.— (b) BASIS OF CONTRACTS.—The Secretary ney General shall consult with, and arrange ‘‘(1) ESTABLISHMENT.—There is hereby es- shall enter into contracts under subsection for the sharing of data with representatives tablished in the Trust Fund an expenditure (a) on the basis of objective measures of of health plans. account to be known as the ‘Health Care quality, service, and cost. ‘‘(3) GUIDELINES.— Fraud and Abuse Control Account’ (in this (c) INNOVATIONS.—A specialized program ‘‘(A) IN GENERAL.—The Secretary and the subsection referred to as the ‘Account’). with a contract under this section may use Attorney General shall issue guidelines to ‘‘(2) APPROPRIATED AMOUNTS TO TRUST alternatives to inpatient or institutional carry out the program under paragraph (1). FUND.— care and may use specialized networks of The provisions of sections 553, 556, and 557 of ‘‘(A) IN GENERAL.—There are hereby appro- caregivers. title 5, United States Code, shall not apply in priated to the Trust Fund— (d) NO REQUIREMENT TO OBTAIN SERVICES the issuance of such guidelines. ‘‘(i) such gifts and bequests as may be FROM PROGRAMS.—No medicare beneficiary ‘‘(B) INFORMATION GUIDELINES.— made as provided in subparagraph (B); shall be required to receive health care serv- ‘‘(i) IN GENERAL.—Such guidelines shall in- ‘‘(ii) such amounts as may be deposited in ices from a specialized program with a con- clude guidelines relating to the furnishing of the Trust Fund as provided in sections tract under this section. information by health plans, providers, and 7141(b) and 7142(c) of the Balanced Budget CHAPTER 5—REDUCTION OF WASTE, others to enable the Secretary and the At- Reconciliation Act of 1995, and title XI; and FRAUD, AND ABUSE torney General to carry out the program (in- ‘‘(iii) such amounts as are transferred to cluding coordination with health plans under the Trust Fund under subparagraph (C). Subchapter A—Improving Coordination, paragraph (2)). ‘‘(B) AUTHORIZATION TO ACCEPT GIFTS.—The Communication, and Enforcement ‘‘(ii) CONFIDENTIALITY.—Such guidelines Trust Fund is authorized to accept on behalf PART I—MEDICARE ANTI-FRAUD AND shall include procedures to assure that such of the United States money gifts and be- ABUSE PROGRAM information is provided and utilized in a quests made unconditionally to the Trust SEC. 7041. MEDICARE ANTI-FRAUD AND ABUSE manner that appropriately protects the con- Fund, for the benefit of the Account or any PROGRAM. fidentiality of the information and the pri- activity financed through the Account. (a) FINDINGS AND STATEMENT OF PURPOSE.— vacy of individuals receiving health care ‘‘(C) TRANSFER OF AMOUNTS.—The Manag- (1) FINDINGS.—The Congress finds that— services and items. ing Trustee shall transfer to the Trust Fund, (A) a significant amount of funds expended ‘‘(iii) QUALIFIED IMMUNITY FOR PROVIDING under rules similar to the rules in section on the medicare program under title XVIII of INFORMATION.—The provisions of section 9601 of the Internal Revenue Code of 1986, an the Social Security Act (42 U.S.C. 1395 et 1157(a) (relating to limitation on liability) amount equal to the sum of the following: S 16540 CONGRESSIONAL RECORD — SENATE November 1, 1995 ‘‘(i) Criminal fines recovered in cases in- SEC. 7042. APPLICATION OF CERTAIN HEALTH (G) By adding at the end the following new volving a Federal health care offense (as de- ANTI-FRAUD AND ABUSE SANCTIONS subsections: fined in section 982(a)(6)(B) of title 18, United TO FRAUD AND ABUSE AGAINST ‘‘(f) For purposes of this section, the term FEDERAL HEALTH PROGRAMS. States Code). ‘Federal health care program’ means— (a) CRIMES.— ‘‘(1) any plan or program that provides ‘‘(ii) Civil monetary penalties and assess- (1) SOCIAL SECURITY ACT.—Section 1128B (42 health benefits, whether directly, through ments imposed in health care cases, includ- U.S.C. 1320a–7b) is amended as follows: insurance, or otherwise, which is funded, in ing amounts recovered under titles XI, (A) In the heading, by striking ‘‘MEDICARE whole or in part, by the United States Gov- XVIII, and XXI, and chapter 38 of title 31, OR STATE HEALTH CARE PROGRAMS’’ and in- ernment; or United States Code (except as otherwise pro- serting ‘‘FEDERAL HEALTH CARE PROGRAMS’’. vided by law). (B) In subsection (a)(1), by striking ‘‘a pro- ‘‘(2) any State health care program, as de- ‘‘(iii) Amounts resulting from the forfeit- gram under title XVIII or a State health fined in section 1128(h). ure of property by reason of a Federal health care program (as defined in section 1128(h))’’ ‘‘(g)(1) The Secretary and Administrator of care offense. and inserting ‘‘a Federal health care pro- the departments and agencies with a Federal ‘‘(iv) Penalties and damages obtained and gram’’. health care program may conduct an inves- otherwise creditable to miscellaneous re- (C) In subsection (a)(5), by striking ‘‘a pro- tigation or audit relating to violations of ceipts of the general fund of the Treasury ob- gram under title XVIII or a State health this section and claims within the jurisdic- tion of other Federal departments or agen- tained under sections 3729 through 3733 of care program’’ and inserting ‘‘a Federal cies if the following conditions are satisfied: title 31, United States Code (known as the health care program’’. ‘‘(A) The investigation or audit involves False Claims Act), in cases involving claims (D) In the second sentence of subsection primarily claims submitted to the Federal related to the provision of health care items (a)— health care programs of the department or and services (other than funds awarded to a (i) by striking ‘‘a State plan approved under title XIX’’ and inserting ‘‘a Federal agency conducting the investigation or relator, for restitution or otherwise author- audit. ized by law). health care program’’; and (ii) by striking ‘‘the State may at its op- ‘‘(B) The Secretary or Administrator of the ‘‘(3) APPROPRIATED AMOUNTS TO ACCOUNT.— tion (notwithstanding any other provision of department or agency conducting the inves- ‘‘(A) IN GENERAL.—There are hereby appro- that title or of such plan)’’ and inserting tigation or audit gives notice and an oppor- priated to the Account from the Trust Fund ‘‘the administrator of such program may at tunity to participate in the investigation or such sums as the Secretary and the Attorney its option (notwithstanding any other provi- audit to the Inspector General of the depart- General certify are necessary to carry out sion of such program)’’. ment or agency with primary jurisdiction the purposes described in subparagraph (B), (E) In subsection (b)— over the Federal health care programs to to be available without further appropria- (i) by striking ‘‘and willfully’’ each place it which the claims were submitted. tion, in an amount— appears; ‘‘(2) If the conditions specified in para- ‘‘(i) with respect to activities of the Office (ii) by striking ‘‘$25,000’’ each place it ap- graph (1) are fulfilled, the Inspector General of the Inspector General of the Department pears and inserting ‘‘$50,000’’; of the department or agency conducting the of Health and Human Services and the Fed- (iii) by striking ‘‘title XVIII or a State investigation or audit may exercise all pow- eral Bureau of Investigations in carrying out health care program’’ each place it appears ers granted under the Inspector General Act such purposes, not less than— and inserting ‘‘Federal health care pro- of 1978 with respect to the claims submitted ‘‘(I) for fiscal year 1996, $110,000,000, gram’’; to the other departments or agencies to the ‘‘(II) for fiscal year 1997, $140,000,000, (iv) in paragraph (1) in the matter preced- same manner and extent as provided in that ‘‘(III) for fiscal year 1998, $160,000,000, ing subparagraph (A), by striking ‘‘kind—’’ Act with respect to claims submitted to such ‘‘(IV) for fiscal year 1999, $185,000,000, and inserting ‘‘kind with intent to be influ- departments or agencies.’’. ‘‘(V) for fiscal year 2000, $215,000,000, enced—’’; (2) IDENTIFICATION OF COMMUNITY SERVICE ‘‘(VI) for fiscal year 2001, $240,000,000, and (v) in paragraph (1)(A), by striking ‘‘in re- OPPORTUNITIES.—Section 1128B (42 U.S.C. ‘‘(VII) for fiscal year 2002, $270,000,000; and turn for referring’’ and inserting ‘‘to refer’’; 1320a–7b) is further amended by adding at the ‘‘(ii) with respect to all activities (includ- (vi) in paragraph (1)(B), by striking ‘‘in re- end the following new subsection: ing the activities described in clause (i)) in turn for purchasing, leasing, ordering, or ar- ‘‘(h) The Secretary may— carrying out such purposes, not more than— ranging for or recommending’’ and inserting ‘‘(1) in consultation with State and local ‘‘(I) for fiscal year 1996, $200,000,000, and ‘‘to purchase, lease, order, or arrange for or health care officials, identify opportunities ‘‘(II) for each of the fiscal years 1997 recommend’’; for the satisfaction of community service ob- through 2002, the limit for the preceding fis- (vii) in paragraph (2) in the matter pro- ligations that a court may impose upon the cal year, increased by 15 percent; and ceeding subparagraph (A), by striking ‘‘to in- conviction of an offense under this section, ‘‘(iii) for each fiscal year after fiscal year duce such person’’ and inserting ‘‘with intent and to influence such person’’; 2002, within the limits for fiscal year 2002 as ‘‘(2) make information concerning such op- (viii) by adding at the end of paragraphs (1) determined under clauses (i) and (ii). portunities available to Federal and State and (2) the following sentence: ‘‘A violation law enforcement officers and State and local ‘‘(B) USE OF FUNDS.—The purposes de- exists under this paragraph if one or more scribed in this subparagraph are as follows: health care officials.’’. purposes of the remuneration is unlawful (b) EFFECTIVE DATE.—The amendments ‘‘(i) GENERAL USE.—To cover the costs (in- under this paragraph.’’; made by this section shall take effect on cluding equipment, salaries and benefits, and (ix) by redesignating paragraph (3) as para- January 1, 1996. travel and training) of the administration graph (4); and operation of the health care fraud and SEC. 7043. HEALTH CARE FRAUD AND ABUSE (x) in paragraph (4) (as redesignated), by PROVIDER GUIDANCE. abuse control program established under sec- striking ‘‘Paragraphs (1) and (2)’’ and insert- (a) SOLICITATION AND PUBLICATION OF MODI- tion 1128C(a), including the costs of— ing ‘‘Paragraphs (1), (2), and (3)’’; and FICATIONS TO EXISTING SAFE HARBORS AND ‘‘(I) prosecuting health care matters (xi) by inserting after paragraph (2) the fol- NEW SAFE HARBORS.— (through criminal, civil, and administrative lowing new paragraph: (1) IN GENERAL.— proceedings); ‘‘(3)(A) The Attorney General may bring an (A) SOLICITATION OF PROPOSALS FOR SAFE ‘‘(II) investigations; action in the district courts to impose upon HARBORS.—Not later than January 1, 1996, ‘‘(III) financial and performance audits of any person who carries out any activity in and not less than annually thereafter, the violation of this subsection a civil penalty of health care programs and operations; Secretary shall publish a notice in the Fed- not less than $25,000 and not more than ‘‘(IV) inspections and other evaluations; eral Register soliciting proposals, which will $50,000 for each such violation, plus three and be accepted during a 60-day period, for— ‘‘(V) provider and consumer education re- times the total remuneration offered, paid, solicited, or received. (i) modifications to existing safe harbors garding compliance with the provisions of issued pursuant to section 14(a) of the Medi- title XI. ‘‘(B) A violation exists under this para- graph if one or more purposes of the remu- care and Medicaid Patient and Program Pro- ‘‘(ii) USE BY STATE MEDICAID FRAUD CON- neration is unlawful, and the damages shall tection Act of 1987 (42 U.S.C. 1320a–7b note); TROL UNITS FOR INVESTIGATION REIMBURSE- be the full amount of such remuneration. (ii) additional safe harbors specifying pay- MENTS.—To reimburse the various State ‘‘(C) Section 3731 of title 31, United States ment practices that shall not be treated as a medicaid fraud control units upon request to Code, and the Federal Rules of Civil Proce- criminal offense under section 1128B(b) of the the Secretary for the costs of the activities dure shall apply to actions brought under Social Security Act (42 U.S.C. 1320a–7b(b)) authorized under section 2134(b). this paragraph. and shall not serve as the basis for an exclu- ‘‘(4) ANNUAL REPORT.—The Secretary and ‘‘(D) The provisions of this paragraph do sion under section 1128(b)(7) of such Act (42 the Attorney General shall submit jointly an not affect the availability of other criminal U.S.C. 1320a–7(b)(7)); annual report to Congress on the amount of and civil remedies for such violations.’’. (iii) interpretive rulings to be issued pursu- revenue which is generated and disbursed, (F) In subsection (c), by inserting ‘‘(as de- ant to subsection (b); and and the justification for such disbursements, fined in section 1128(h))’’ after ‘‘a State (iv) special fraud alerts to be issued pursu- by the Account in each fiscal year.’’. health care program’’. ant to subsection (c). November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16541

(B) PUBLICATION OF PROPOSED MODIFICA- rulings issued pursuant to this clause shall (D) substandard health care items and TIONS AND PROPOSED ADDITIONAL SAFE HAR- be published in the Federal Register or oth- services; BORS.—After considering the proposals de- erwise made available for public inspection. (2) identify and publicize fraudulent and scribed in clauses (i) and (ii) of subparagraph (ii) REASONS FOR DENIAL.—If the Inspector abusive practices with respect to the deliv- (A), the Secretary, in consultation with the General does not issue an interpretive ruling ery of health care items and services; and Attorney General, shall publish in the Fed- in response to a request described in sub- (3) establish a procedure for the reporting eral Register proposed modifications to ex- paragraph (A), the Inspector General shall of fraudulent and abusive health care provid- isting safe harbors and proposed additional notify the requesting party of such decision ers, practitioners, claims, items, and serv- safe harbors, if appropriate, with a 60-day not later than 120 days after receiving such a ices to appropriate law enforcement and comment period. After considering any pub- request and shall identify the reasons for payer agencies. lic comments received during this period, such decision. (b) RECOGNITION AND PUBLICATION OF CON- the Secretary shall issue final rules modify- (2) CRITERIA FOR INTERPRETIVE RULINGS.— TRIBUTIONS.—The program established by the ing the existing safe harbors and establish- (A) IN GENERAL.—In determining whether Secretary under this section shall recognize ing new safe harbors, as appropriate. to issue an interpretive ruling under para- and publicize significant contributions made (C) REPORT.—The Inspector General of the graph (1)(B), the Inspector General may con- by individual health care patients toward Department of Health and Human Services sider— the combating of health care fraud and (in this section referred to as the ‘‘Inspector (i) whether and to what extent the request abuse. General’’) shall, in an annual report to Con- identifies an ambiguity within the language (c) DISSEMINATION OF INFORMATION.—The gress or as part of the year-end semiannual of the statute, the existing safe harbors, or Secretary shall provide for the broad dis- report required by section 5 of the Inspector previous interpretive rulings; and semination of information regarding the General Act of 1978 (5 U.S.C. App.), describe (ii) whether the subject of the requested in- Medicare/Medicaid Beneficiary Protection the proposals received under clauses (i) and terpretive ruling can be adequately ad- Program. (ii) of subparagraph (A) and explain which dressed by interpretation of the language of proposals were included in the publication PART II—REVISIONS TO CURRENT the statute, the existing safe harbor rules, or SANCTIONS FOR FRAUD AND ABUSE described in subparagraph (B), which propos- previous interpretive rulings, or whether the als were not included in that publication, request would require a substantive ruling SEC. 7051. MANDATORY EXCLUSION FROM PAR- and the reasons for the rejection of the pro- TICIPATION IN MEDICARE AND (as defined in section 552 of title 5, United STATE HEALTH CARE PROGRAMS. posals that were not included. States Code) not authorized under this sub- (a) INDIVIDUAL CONVICTED OF FELONY RE- (2) CRITERIA FOR MODIFYING AND ESTABLISH- section. ING SAFE HARBORS LATING TO HEALTH CARE FRAUD.— .—In modifying and estab- (B) NO RULINGS ON FACTUAL ISSUES.—The (1) IN GENERAL.—Section 1128(a) (42 U.S.C. lishing safe harbors under paragraph (1)(B), Inspector General shall not give an interpre- 1320a–7(a)) is amended by adding at the end the Secretary may consider the extent to tive ruling on any factual issue, including the following new paragraph: which providing a safe harbor for the speci- the intent of the parties or the fair market ‘‘(3) FELONY CONVICTION RELATING TO fied payment practice may result in any of value of particular leased space or equip- HEALTH CARE FRAUD.—Any individual or en- the following: ment. (A) An increase or decrease in access to tity that has been convicted after the date of (c) SPECIAL FRAUD ALERTS.— health care services. the enactment of the Medicare Improvement (1) IN GENERAL.— (B) An increase or decrease in the quality and Solvency Protection Act of 1995, under (A) REQUEST FOR SPECIAL FRAUD ALERTS.— of health care services. Federal or State law, in connection with the Any person may present, at any time, a re- (C) An increase or decrease in patient free- delivery of a health care item or service or quest to the Inspector General for a notice dom of choice among health care providers. with respect to any act or omission in a which informs the public of practices which (D) An increase or decrease in competition health care program (other than those spe- the Inspector General considers to be suspect among health care providers. cifically described in paragraph (1)) operated or of particular concern under section (E) An increase or decrease in the ability by or financed in whole or in part by any 1128B(b) of the Social Security Act (42 U.S.C. of health care facilities to provide services in Federal, State, or local government agency, 1320a–7b(b)) (in this subsection referred to as medically underserved areas or to medically of a criminal offense consisting of a felony a ‘‘special fraud alert’’). underserved populations. relating to fraud, theft, embezzlement, (B) ISSUANCE AND PUBLICATION OF SPECIAL (F) An increase or decrease in the cost to breach of fiduciary responsibility, or other FRAUD ALERTS.—Upon receipt of a request de- Federal health care programs (as defined in financial misconduct.’’. scribed in subparagraph (A), the Inspector section 1128B(f) of the Social Security Act (42 (2) CONFORMING AMENDMENT.—Paragraph General shall investigate the subject matter U.S.C. 1320a–7b(f)). (1) of section 1128(b) (42 U.S.C. 1320a–7(b)) is of the request to determine whether a special (G) An increase or decrease in the poten- amended to read as follows: fraud alert should be issued. If appropriate, tial overutilization of health care services. ‘‘(1) CONVICTION RELATING TO FRAUD.—Any the Inspector General shall issue a special (H) The existence or nonexistence of any individual or entity that has been convicted fraud alert in response to the request. All potential financial benefit to a health care after the date of the enactment of the Medi- special fraud alerts issued pursuant to this professional or provider which may vary care Improvement and Solvency Protection subparagraph shall be published in the Fed- based on their decisions of— Act of 1995, under Federal or State law— eral Register. (i) whether to order a health care item or ‘‘(A) of a criminal offense consisting of a (2) CRITERIA FOR SPECIAL FRAUD ALERTS.— service; or misdemeanor relating to fraud, theft, embez- In determining whether to issue a special (ii) whether to arrange for a referral of zlement, breach of fiduciary responsibility, fraud alert upon a request described in para- health care items or services to a particular or other financial misconduct— graph (1), the Inspector General may con- practitioner or provider. ‘‘(i) in connection with the delivery of a sider— (I) Any other factors the Secretary deems health care item or service, or (A) whether and to what extent the prac- appropriate in the interest of preventing ‘‘(ii) with respect to any act or omission in tices that would be identified in the special fraud and abuse in Federal health care pro- a health care program (other than those spe- fraud alert may result in any of the con- grams (as so defined). cifically described in subsection (a)(1)) oper- sequences described in subsection (a)(2); and (b) INTERPRETIVE RULINGS.— ated by or financed in whole or in part by (B) the volume and frequency of the con- (1) IN GENERAL.— any Federal, State, or local government duct that would be identified in the special (A) REQUEST FOR INTERPRETIVE RULING.— agency; or Any person may present, at any time, a re- fraud alert. ‘‘(B) of a criminal offense relating to fraud, quest to the Inspector General for a state- SEC. 7044. MEDICARE/MEDICAID BENEFICIARY theft, embezzlement, breach of fiduciary re- ment of the Inspector General’s current in- PROTECTION PROGRAM. sponsibility, or other financial misconduct terpretation of the meaning of a specific as- (a) ESTABLISHMENT OF PROGRAM.—Not later with respect to any act or omission in a pro- pect of the application of sections 1128A and than January 1, 1996, the Secretary (through gram (other than a health care program) op- 1128B of the Social Security Act (42 U.S.C. the Administrator of the Health Care Fi- erated by or financed in whole or in part by 1320a–7a and 1320a–7b) (in this section re- nancing Administration and the Inspector any Federal, State, or local government ferred to as an ‘‘interpretive ruling’’). General of the Department of Health and agency.’’. (B) ISSUANCE AND EFFECT OF INTERPRETIVE Human Services) shall establish the Medi- (b) INDIVIDUAL CONVICTED OF FELONY RE- RULING.— care/Medicaid Beneficiary Protection Pro- LATING TO CONTROLLED SUBSTANCE.— (i) IN GENERAL.—If appropriate, the Inspec- gram. Under such program the Secretary (1) IN GENERAL.—Section 1128(a) (42 U.S.C. tor General shall in consultation with the shall— 1320a–7(a)), as amended by subsection (a), is Attorney General, issue an interpretive rul- (1) educate medicare and medicaid bene- amended by adding at the end the following ing not later than 120 days after receiving a ficiaries regarding— new paragraph: request described in subparagraph (A). Inter- (A) medicare and medicaid program cov- ‘‘(4) FELONY CONVICTION RELATING TO CON- pretive rulings shall not have the force of erage; TROLLED SUBSTANCE.—Any individual or en- law and shall be treated as an interpretive (B) fraudulent and abusive practices; tity that has been convicted after the date of rule within the meaning of section 553(b) of (C) medically unnecessary health care the enactment of the Medicare Improvement title 5, United States Code. All interpretive items and services; and and Solvency Protection Act of 1995, under S 16542 CONGRESSIONAL RECORD — SENATE November 1, 1995 Federal or State law, of a criminal offense (2) by striking the third sentence. national health care fraud and abuse data consisting of a felony relating to the unlaw- SEC. 7055. SANCTIONS AGAINST PROVIDERS FOR collection program for the reporting of final ful manufacture, distribution, prescription, EXCESSIVE FEES OR PRICES. adverse actions (not including settlements in or dispensing of a controlled substance.’’. Section 1128(b)(6)(A) (42 U.S.C. 1320a– which no findings of liability have been (2) CONFORMING AMENDMENT.—Section 7(b)(6)(A)) is amended— made) against health care providers, suppli- 1128(b)(3) (42 U.S.C. 1320a–7(b)(3)) is amend- (1) by inserting ‘‘(as specified by the Sec- ers, or practitioners as required by sub- ed— retary in regulations)’’ after ‘‘substantially section (b), with access as set forth in sub- ONVIC- (A) in the heading, by striking ‘‘C in excess of such individual’s or entity’s section (c). TION’’ and inserting ‘‘MISDEMEANOR CONVIC- usual charges’’; and TION’’; and (2) striking ‘‘(or, in applicable cases, sub- (b) REPORTING OF INFORMATION.— (B) by striking ‘‘criminal offense’’ and in- stantially in excess of such individual’s or (1) IN GENERAL.—Each government agency serting ‘‘criminal offense consisting of a mis- entity’s costs)’’ and inserting ‘‘, costs or and health plan shall report any final ad- demeanor’’. fees’’. verse action (not including settlements in SEC. 7052. ESTABLISHMENT OF MINIMUM PERIOD SEC. 7056. APPLICABILITY OF THE BANKRUPTCY which no findings of liability have been OF EXCLUSION FOR CERTAIN INDI- CODE TO PROGRAM SANCTIONS. made) taken against a health care provider, VIDUALS AND ENTITIES SUBJECT TO supplier, or practitioner. PERMISSIVE EXCLUSION FROM MED- (a) EXCLUSION OF INDIVIDUALS AND ENTITIES ICARE AND STATE HEALTH CARE FROM PARTICIPATION IN FEDERAL HEALTH (2) INFORMATION TO BE REPORTED.—The in- PROGRAMS. CARE PROGRAMS.—Section 1128 (42 U.S.C. formation to be reported under paragraph (1) Section 1128(c)(3) (42 U.S.C. 1320a–7(c)(3)) is 1320a–7) is amended by adding at the end the includes: amended by adding at the end the following following new subsection: (A) The name and TIN (as defined in sec- new subparagraphs: ‘‘(j) APPLICABILITY OF BANKRUPTCY PROVI- tion 7701(a)(41) of the Internal Revenue Code ‘‘(D) In the case of an exclusion of an indi- SIONS.—An exclusion imposed under this sec- of 1986) of any health care provider, supplier, vidual or entity under paragraph (1), (2), or tion is not subject to the automatic stay im- or practitioner who is the subject of a final (3) of subsection (b), the period of the exclu- posed under section 362 of title 11, United adverse action. sion shall be 3 years, unless the Secretary States Code.’’. (B) The name (if known) of any health care determines in accordance with published reg- (b) CIVIL MONETARY PENALTIES.—Section entity with which a health care provider, ulations that a shorter period is appropriate 1128A(a) (42 U.S.C. 1320a–7a(a)) is amended by supplier, or practitioner is affiliated or asso- because of mitigating circumstances or that adding at the end the following sentence: ciated. a longer period is appropriate because of ag- ‘‘An exclusion imposed under this subsection gravating circumstances. is not subject to the automatic stay imposed (C) The nature of the final adverse action ‘‘(E) In the case of an exclusion of an indi- under section 362 of title 11, United States and whether such action is on appeal. vidual or entity under subsection (b)(4) or Code, and any penalties and assessments im- (D) A description of the acts or omissions (b)(5), the period of the exclusion shall not be posed under this section shall be and injuries upon which the final adverse ac- less than the period during which the indi- nondischargeable under the provisions of tion was based, and such other information vidual’s or entity’s license to provide health such title.’’. as the Secretary determines by regulation is care is revoked, suspended, or surrendered, (c) OFFSET OF PAYMENTS TO INDIVIDUALS.— required for appropriate interpretation of in- or the individual or the entity is excluded or Section 1892(a)(4) (42 U.S.C. 1395ccc(a)(4)) is formation reported under this section. suspended from a Federal or State health amended by adding at the end the following (3) CONFIDENTIALITY.—In determining what care program. sentence: ‘‘An exclusion imposed under para- information is required, the Secretary shall ‘‘(F) In the case of an exclusion of an indi- graph (2)(C)(ii) or paragraph (3)(B) is not sub- include procedures to assure that the privacy vidual or entity under subsection (b)(6)(B), ject to the automatic stay imposed under of individuals receiving health care services the period of the exclusion shall be not less section 362 of title 11, United States Code.’’ than 1 year.’’. is appropriately protected. SEC. 7057. AGREEMENTS WITH PEER REVIEW OR- SEC. 7053. PERMISSIVE EXCLUSION OF INDIVID- (4) TIMING AND FORM OF REPORTING.—The GANIZATIONS FOR MEDICARE CO- UALS WITH OWNERSHIP OR CON- information required to be reported under ORDINATED CARE ORGANIZATIONS. TROL INTEREST IN SANCTIONED EN- this subsection shall be reported regularly (a) DEVELOPMENT OF MODEL AGREEMENT.— TITIES. (but not less often than monthly) and in such Not later than July 1, 1996, the Secretary Section 1128(b) (42 U.S.C. 1320a–7(b)) is form and manner as the Secretary pre- amended by adding at the end the following shall develop a model of the agreement that an eligible organization with a risk-sharing scribes. Such information shall first be re- new paragraph: quired to be reported on a date specified by ‘‘(15) INDIVIDUALS CONTROLLING A SANC- contract under part C of title XVIII of the the Secretary. TIONED ENTITY.—Any individual who has a di- Social Security Act must enter into with an (5) TO WHOM REPORTED.—The information rect or indirect ownership or control interest entity providing peer review services with of 5 percent or more, or an ownership or con- respect to services provided by the organiza- required to be reported under this subsection trol interest (as defined in section 1124(a)(3)) tion under section 1856(d)(7)(A) of such Act, shall be reported to the Secretary. in, or who is an officer or managing em- as added by section 7003(a). (c) DISCLOSURE AND CORRECTION OF INFOR- ployee (as defined in section 1126(b)) of, an (b) REPORT BY GAO.— MATION.— entity— (1) STUDY.—The Comptroller General of the (1) DISCLOSURE.—With respect to the infor- ‘‘(A) that has been convicted of any offense United States shall conduct a study of the mation about final adverse actions (not in- costs incurred by eligible organizations with described in subsection (a) or in paragraph cluding settlements in which no findings of risk-sharing contracts under part C of title (1), (2), or (3) of this subsection; or liability have been made) reported to the XVIII of the Social Security Act of comply- ‘‘(B) that has been excluded from participa- Secretary under this section respecting a tion under a program under title XVIII or ing with the requirement of entering into a health care provider, supplier, or practi- under a State health care program.’’. written agreement with an entity providing tioner, the Secretary shall, by regulation, SEC. 7054. SANCTIONS AGAINST PRACTITIONERS peer review services with respect to services AND PERSONS FOR FAILURE TO provided by the organization, together with provide for— COMPLY WITH STATUTORY OBLIGA- an analysis of how information generated by (A) disclosure of the information, upon re- TIONS. such entities is used by the Secretary to as- quest, to the health care provider, supplier, (a) MINIMUM PERIOD OF EXCLUSION FOR sess the quality of services provided by such or licensed practitioner, and PRACTITIONERS AND PERSONS FAILING TO eligible organizations. (B) procedures in the case of disputed accu- MEET STATUTORY OBLIGATIONS.— (2) REPORT TO CONGRESS.—Not later than racy of the information. (1) IN GENERAL.—The second sentence of July 1, 1998, the Comptroller General shall (2) CORRECTIONS.—Each Government agen- section 1156(b)(1) (42 U.S.C. 1320c–5(b)(1)) is submit a report to the Committee on Ways cy and health plan shall report corrections of amended by striking ‘‘may prescribe)’’ and and Means and the Committee on Commerce information already reported about any final inserting ‘‘may prescribe, except that such of the House of Representatives and the adverse action taken against a health care period may not be less than 1 year)’’. Committee on Finance and the Special Com- provider, supplier, or practitioner, in such (2) CONFORMING AMENDMENT.—Section mittee on Aging of the Senate on the study form and manner that the Secretary pre- 1156(b)(2) (42 U.S.C. 1320c–5(b)(2)) is amended conducted under paragraph (1). by striking ‘‘shall remain’’ and inserting scribes by regulation. SEC. 7058. EFFECTIVE DATE. ‘‘shall (subject to the minimum period speci- (d) ACCESS TO REPORTED INFORMATION.— The amendments made by this chapter fied in the second sentence of paragraph (1)) (1) AVAILABILITY.—The information in this shall take effect January 1, 1996. remain’’. database shall be available to Federal and (b) REPEAL OF ‘‘UNWILLING OR UNABLE’’ PART III—ADMINISTRATIVE AND State government agencies, health plans, CONDITION FOR IMPOSITION OF SANCTION.— MISCELLANEOUS PROVISIONS and the public pursuant to procedures that Section 1156(b)(1) (42 U.S.C. 1320c–5(b)(1)) is SEC. 7061. ESTABLISHMENT OF THE HEALTH the Secretary shall provide by regulation. amended— CARE FRAUD AND ABUSE DATA COL- (2) FEES FOR DISCLOSURE.—The Secretary (1) in the second sentence, by striking ‘‘and LECTION PROGRAM. may establish or approve reasonable fees for determines’’ and all that follows through (a) GENERAL PURPOSE.—Not later than Jan- ‘‘such obligations,’’; and uary 1, 1996, the Secretary shall establish a November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16543 the disclosure of information in this (6) The term ‘‘health plan’’ means a plan or PART IV—CIVIL MONETARY PENALTIES database (other than with respect to re- program that provides health benefits, SEC. 7071. SOCIAL SECURITY ACT CIVIL MONE- quests by Federal agencies). The amount of whether directly, through insurance, or oth- TARY PENALTIES. such a fee may be sufficient to recover the erwise, and includes— (a) GENERAL CIVIL MONETARY PENALTIES.— full costs of carrying out the provisions of (A) a policy of health insurance; Section 1128A (42 U.S.C. 1320a–7a) is amended this section, including reporting, disclosure, (B) a contract of a service benefit organiza- as follows: and administration. Such fees shall be avail- tion; (1) In the third sentence of subsection (a), able to the Secretary or, in the Secretary’s (C) a membership agreement with a health by striking ‘‘programs under title XVIII’’ discretion to the agency designated under maintenance organization or other prepaid and inserting ‘‘Federal health care programs this section to cover such costs. health plan; and (as defined in section 1128B(b)(f))’’. (e) PROTECTION FROM LIABILITY FOR RE- (D) an employee welfare benefit plan or a (2) In subsection (f)— PORTING.—No person or entity shall be held multiple employer welfare plan (as such (A) by redesignating paragraph (3) as para- liable in any civil action with respect to any terms are defined in section 3 of the Em- graph (4); and report made as required by this section, ployee Retirement Income Security Act of (B) by inserting after paragraph (2) the fol- without knowledge of the falsity of the infor- 1974 (29 U.S.C. 1002). lowing new paragraph: mation contained in the report. (7) For purposes of paragraph (1), the exist- ‘‘(3) With respect to amounts recovered (f) DEFINITIONS AND SPECIAL RULES.—For purposes of this section: ence of a conviction shall be determined arising out of a claim under a Federal health (1)(A) The term ‘‘final adverse action’’ in- under section 1128(i) of the Social Security care program (as defined in section 1128B(f)), cludes: Act. the portion of such amounts as is determined to have been paid by the program shall be re- (i) Civil judgments against a health care (g) CONFORMING AMENDMENT.—Section provider or practitioner in Federal or State 1921(d) (42 U.S.C. 1396r–2(d)) is amended by in- paid to the program, and the portion of such court related to the delivery of a health care serting ‘‘and section 7061 of the Medicare Im- amounts attributable to the amounts recov- item or service. provement and Solvency Protection Act of ered under this section by reason of the (ii) Federal or State criminal convictions 1995’’ after ‘‘section 422 of the Health Care amendments made by the Medicare Improve- related to the delivery of a health care item Quality Improvement Act of 1986’’. ment and Solvency Protection Act of 1995 (as or service. estimated by the Secretary) shall be depos- (iii) Actions by Federal or State agencies SEC. 7062. INSPECTOR GENERAL ACCESS TO AD- ited into the general fund of the Treasury.’’. responsible for the licensing and certifi- DITIONAL PRACTITIONER DATA (3) In subsection (i)— cation of health care providers, suppliers, BANK. (A) in paragraph (2), by striking ‘‘title V, and licensed health care practitioners, in- Section 427 of the Health Care Quality Im- XVIII, XIX, or XX of this Act’’ and inserting cluding— provement Act of 1986 (42 U.S.C. 11137) is ‘‘a Federal health care program (as defined (I) formal or official actions, such as rev- amended— in section 1128B(f))’’; ocation or suspension of a license (and the (1) in subsection (a), by adding at the end (B) in paragraph (4), by striking ‘‘a health length of any such suspension), reprimand, the following sentence: ‘‘Information re- insurance or medical services program under censure or probation, ported under this part shall also be made title XVIII or XIX of this Act’’ and inserting (II) any other loss of license, or the right available, upon request, to the Inspector ‘‘a Federal health care program (as so de- to apply for or renew a license of the pro- General of the Departments of Health and fined)’’; and vider, supplier, or practitioner, whether by Human Services, Defense, and Labor, the Of- (C) in paragraph (5), by striking ‘‘title V, operation of law, voluntary surrender, fice of Personnel Management, and the Rail- XVIII, XIX, or XX’’ and inserting ‘‘a Federal nonrenewability, or otherwise, or road Retirement Board.’’; and health care program (as so defined)’’. (III) any other negative action or finding (2) by amending subsection (b)(4) to read as (4) By adding at the end the following new by such Federal or State agency that is pub- follows: subsection: ‘‘(m)(1) For purposes of this section, with licly available information. ‘‘(4) FEES.—The Secretary may impose fees (iv) Exclusion from participation in Fed- for the disclosure of information under this respect to a Federal health care program not eral or State health care programs. part sufficient to recover the full costs of contained in this Act, references to the Sec- (v) Any other adjudicated actions or deci- carrying out the provisions of this part, in- retary in this section shall be deemed to be sions that the Secretary shall establish by cluding reporting, disclosure, and adminis- references to the Secretary or Administrator regulation. tration, except that a fee may not be im- of the department or agency with jurisdic- (B) The term does not include any action posed for requests made by the Inspector tion over such program and references to the with respect to a malpractice claim. General of the Department of Health and Inspector General of the Department of (2) The terms ‘‘licensed health care practi- Human Services. Such fees shall remain Health and Human Services in this section tioner’’, ‘‘licensed practitioner’’, and ‘‘prac- available to the Secretary (or, in the Sec- shall be deemed to be references to the In- titioner’’ mean, with respect to a State, an retary’s discretion, to the agency designated spector General of the applicable department individual who is licensed or otherwise au- in section 424(b)) until expended.’’. or agency. thorized by the State to provide health care ‘‘(2)(A) The Secretary and Administrator of services (or any individual who, without au- SEC. 7063. CORPORATE WHISTLEBLOWER PRO- the departments and agencies referred to in thority holds himself or herself out to be so GRAM. paragraph (1) may include in any action pur- licensed or authorized). Title XI (42 U.S.C. 1301 et seq.) is amended suant to this section, claims within the ju- (3) The term ‘‘health care provider’’ means by inserting after section 1128B the following risdiction of other Federal departments or a provider of services as defined in section new section: agencies as long as the following conditions 1861(u) of the Social Security Act (42 U.S.C. are satisfied: 1395x(u)), and any person or entity, including ‘‘CORPORATE WHISTLEBLOWER PROGRAM ‘‘(i) The case involves primarily claims a health maintenance organization, group submitted to the Federal health care pro- medical practice, or any other entity listed ‘‘SEC. 1128C. (a) ESTABLISHMENT OF PRO- grams of the department or agency initiat- by the Secretary in regulation, that provides GRAM.—The Secretary, through the Inspector ing the action. health care services. General of the Department of Health and ‘‘(ii) The Secretary or Administrator of the (4) The term ‘‘supplier’’ means a supplier of Human Services, shall establish a procedure department or agency initiating the action health care items and services described in whereby corporations, partnerships, and gives notice and an opportunity to partici- section 1819(a) and (b), and section 1861 of the other legal entities specified by the Sec- pate in the investigation to the Inspector Social Security Act (42 U.S.C. 1395i–3(a) and retary, may voluntarily disclose instances of General of the department or agency with (b), and 1395x). unlawful conduct and seek to resolve liabil- primary jurisdiction over the Federal health (5) The term ‘‘Government agency’’ shall ity for such conduct through means specified care programs to which the claims were sub- include: by the Secretary. mitted. (A) The Department of Justice. ‘‘(b) LIMITATION.—No person may bring an ‘‘(B) If the conditions specified in subpara- (B) The Department of Health and Human action under section 3730(b) of title 31, Unit- graph (A) are fulfilled, the Inspector General Services. ed States Code, if, on the date of filing— of the department or agency initiating the (C) Any other Federal agency that either ‘‘(1) the matter set forth in the complaint action is authorized to exercise all powers administers or provides payment for the de- has been voluntarily disclosed to the United granted under the Inspector General Act of livery of health care services, including, but States by the proposed defendant and the de- 1978 with respect to the claims submitted to not limited to the Department of Defense fendant has been accepted into the voluntary the other departments or agencies to the and the Veterans’ Administration. disclosure program established pursuant to same manner and extent as provided in that (D) State law enforcement agencies. subsection (a); and Act with respect to claims submitted to such (E) State medicaid fraud and abuse units. ‘‘(2) any new information provided in the departments or agencies.’’. (F) Federal or State agencies responsible complaint under such section does not add (b) EXCLUDED INDIVIDUAL RETAINING OWN- for the licensing and certification of health substantial grounds for additional recovery ERSHIP OR CONTROL INTEREST IN PARTICIPAT- care providers and licensed health care prac- beyond those encompassed within the scope ING ENTITY.—Section 1128A(a) (42 U.S.C. titioners. of the voluntary disclosure.’’. 1320a–7a(a)) is amended— S 16544 CONGRESSIONAL RECORD — SENATE November 1, 1995 (1) by striking ‘‘or’’ at the end of paragraph beneficiary as defined in subsection (i)(5)) PART V—CHAPTER 5—AMENDMENTS TO (1)(D); who the Secretary determines has violated CRIMINAL LAW (2) by striking ‘‘, or’’ at the end of para- section 1128B(b) of this title shall be subject SEC. 7081. HEALTH CARE FRAUD. graph (2) and inserting a semicolon; to a civil monetary penalty of not more than (a) FINES AND IMPRISONMENT FOR HEALTH (3) by striking the semicolon at the end of $10,000 for each such violation. In addition, CARE FRAUD VIOLATIONS.—Chapter 63 of title paragraph (3) and inserting ‘‘; or’’; and such person shall be subject to an assess- 18, United States Code, is amended by adding (4) by inserting after paragraph (3) the fol- ment of not more than twice the total at the end the following new section: lowing new paragraph: amount of the remuneration offered, paid, ‘‘(4) in the case of a person who is not an solicited, or received in violation of section ‘‘§ 1347. Health care fraud organization, agency, or other entity, is ex- 1128B(b). The total amount of remuneration ‘‘(a) Whoever knowingly and willfully exe- cluded from participating in a program subject to an assessment shall be calculated cutes, or attempts to execute, a scheme or under title XVIII or a State health care pro- without regard to whether some portion artifice— gram in accordance with this subsection or thereof also may have been intended to serve ‘‘(1) to defraud any health plan or other under section 1128 and who, at the time of a a purpose other than one proscribed by sec- person, in connection with the delivery of or violation of this subsection, retains a direct tion 1128B(b).’’. payment for health care benefits, items, or or indirect ownership or control interest of 5 (h) SANCTIONS AGAINST PRACTITIONERS AND services; or percent or more, or an ownership or control PERSONS FOR FAILURE TO COMPLY WITH STAT- ‘‘(2) to obtain, by means of false or fraudu- interest (as defined in section 1124(a)(3)) in, UTORY OBLIGATIONS.—Section 1156(b)(3) (42 lent pretenses, representations, or promises, or who is an officer or managing employee U.S.C. 1320c–5(b)(3)) is amended by striking any of the money or property owned by, or (as defined in section 1126(b)) of, an entity ‘‘the actual or estimated cost’’ and inserting under he custody or control of, any health that is participating in a program under title ‘‘up to $10,000 for each instance’’. plan, or person in connection with the deliv- XVIII or a State health care program;’’. (i) PROHIBITION AGAINST OFFERING INDUCE- ery of or payment for health care benefits, (c) EMPLOYER BILLING FOR SERVICES FUR- MENTS TO INDIVIDUALS ENROLLED UNDER PRO- items, or services; NISHED, DIRECTED, OR PRESCRIBED BY AN EX- GRAMS OR PLANS.— shall be fined under this title or imprisoned CLUDED EMPLOYEE.—Section 1128A(a)(1) (42 (1) OFFER OF REMUNERATION.—Section not more than 10 years, or both. If the viola- U.S.C. 1320a–7a(a)(1)) is amended— 1128A(a) (42 U.S.C. 1320a–7a(a)) is amended— tion results in serious bodily injury (as de- (1) by striking ‘‘or’’ at the end of subpara- (A) by striking ‘‘or’’ at the end of para- fined in section 1365(g)(3) of this title), such graph (C); graph (1)(D); person may be imprisoned for any term of (2) by striking ‘‘; or’’ at the end of subpara- (B) by striking ‘‘, or’’ at the end of para- years. graph (D) and inserting ‘‘, or’’; and graph (2) and inserting a semicolon; ‘‘(b) For purposes of this section, the term (3) by adding at the end the following new (C) by striking the semicolon at the end of ‘health plan’ has the same meaning given subparagraph: paragraph (3) and inserting ‘‘; or’’; and such term in section 7061(f)(6) of the Medi- ‘‘(E) is for a medical or other item or serv- (D) by inserting after paragraph (3) the fol- care Improvement and Solvency Protection ice furnished, directed, or prescribed by an lowing new paragraph: Act of 1995.’’. individual who is an employee or agent of ‘‘(4) offers to or transfers remuneration to (b) CLERICAL AMENDMENT.—The table of the person during a period in which such em- any individual eligible for benefits under sections at the beginning of chapter 63 of ployee or agent was excluded from the pro- title XVIII of this Act, or under a State title 18, United States Code, is amended by gram under which the claim was made on health care program (as defined in section adding at the end the following: any of the grounds for exclusion described in 1128(h)) that such person knows or should ‘‘1347. Health care fraud.’’. subparagraph (D);’’. know is likely to influence such individual SEC. 7082. FORFEITURES FOR FEDERAL HEALTH (d) CIVIL MONEY PENALTIES FOR ITEMS OR to order or receive from a particular pro- CARE OFFENSES. SERVICES FURNISHED, DIRECTED, OR PRE- vider, practitioner, or supplier any item or Section 982(a) of title 18, United States SCRIBED BY AN EXCLUDED INDIVIDUAL.—Sec- service for which payment may be made, in tion 1128A(a)(1)(D) (42 U.S.C. 1320a– whole or in part, under title XVIII, or a Code, is amended by adding after paragraph 7a(a)(1)(D)) is amended by inserting ‘‘, di- State health care program;’’. (5) the following new paragraph: ‘‘(6)(A) The court, in imposing sentence on rected, or prescribed’’ after ‘‘furnished’’. (2) REMUNERATION DEFINED.—Section a person convicted of a Federal health care (e) MODIFICATIONS OF AMOUNTS OF PEN- 1128A(i) (42 U.S.C. 1320a–7a(i)) is amended by offense, shall order the person to forfeit ALTIES AND ASSESSMENTS.—Section 1128A(a) adding the following new paragraph: (42 U.S.C. 1320a–7a(a)), as amended by sub- ‘‘(6) The term ‘remuneration’ includes the property, real or personal, that constitutes section (b), is amended in the matter follow- waiver of coinsurance and deductible or is derived, directly or indirectly, from ing paragraph (4)— amounts (or any part thereof), and transfers proceeds traceable to the commission of the (1) by striking ‘‘$2,000’’ and inserting of items or services for free or for other than offense. ‘‘$10,000’’; fair market value. The term ‘remuneration’ ‘‘(B) For purposes of this paragraph, the (2) by inserting ‘‘; in cases under paragraph does not include— term ‘Federal health care offense’ means a (4), $10,000 for each day the prohibited rela- ‘‘(A) the waiver of coinsurance and deduct- violation of, or a criminal conspiracy to vio- tionship occurs’’ after ‘‘false or misleading ible amounts by a person, if— late— information was given’’; and ‘‘(i) the waiver is not offered as part of any ‘‘(i) section 1347 of this title; (3) by striking ‘‘twice the amount’’ and in- advertisement or solicitation; ‘‘(ii) section 1128B of the Social Security serting ‘‘3 times the amount’’. ‘‘(ii) the person does not routinely waive Act; ‘‘(iii) sections 287, 371, 664, 666, 1001, 1027, (f) CLAIM FOR ITEM OR SERVICE BASED ON coinsurance or deductible amounts; and 1341, 1343, 1920, or 1954 of this title if the vio- INCORRECT CODING OR MEDICALLY UNNECES- ‘‘(iii) the person— lation or conspiracy relates to health care SARY SERVICES.—Section 1128A(a)(1) (42 ‘‘(I) waives the coinsurance and deductible U.S.C. 1320a–7a(a)(1)) is amended— amounts after determining in good faith that fraud; and (1) in subparagraph (A) by striking the individual is in financial need; ‘‘(iv) section 501 or 511 of the Employee Re- ‘‘claimed,’’ and inserting ‘‘claimed, including ‘‘(II) fails to collect coinsurance or deduct- tirement Income Security Act of 1974, if the any person who engages in a pattern or prac- ible amounts after making reasonable collec- violation or conspiracy relates to health care tice of presenting or causing to be presented tion efforts; or fraud.’’. a claim for an item or service that is based ‘‘(III) provides for any permissible waiver SEC. 7083. INJUNCTIVE RELIEF RELATING TO on a code that the person knows or has rea- as specified in section 1128B(b)(3) or in regu- FEDERAL HEALTH CARE OFFENSES. son to know will result in a greater payment lations issued by the Secretary; (a) IN GENERAL.—Section 1345(a)(1) of title to the person than the code the person knows ‘‘(B) differentials in coinsurance and de- 18, United States Code, is amended— or has reason to know is applicable to the ductible amounts as part of a benefit plan (1) by striking ‘‘or’’ at the end of subpara- item or service actually provided,’’; design as long as the differentials have been graph (A); (2) in subparagraph (C), by striking ‘‘or’’ at disclosed in writing to all beneficiaries, third (2) by inserting ‘‘or’’ at the end of subpara- the end; party payors, and providers, to whom claims graph (B); and (3) in subparagraph (D), by striking ‘‘; or’’ are presented and as long as the differentials (3) by adding at the end the following new and inserting ‘‘, or’’; and meet the standards as defined in regulations subparagraph: (4) by inserting after subparagraph (D) the promulgated by the Secretary not later than ‘‘(C) committing or about to commit a following new subparagraph: 180 days after the date of the enactment of Federal health care offense (as defined in ‘‘(E) is for a medical or other item or serv- the Medicare Improvement and Solvency section 982(a)(6)(B) of this title);’’. ice that a person knows or has reason to Protection Act of 1995; or (b) FREEZING OF ASSETS.—Section 1345(a)(2) know is not medically necessary; or’’. ‘‘(C) incentives given to individuals to pro- of title 18, United States Code, is amended by (g) PERMITTING SECRETARY TO IMPOSE CIVIL mote the delivery of preventive care as de- inserting ‘‘or a Federal health care offense MONETARY PENALTY.—Section 1128A(b) (42 termined by the Secretary in regulations so (as defined in section 982(a)(6)(B))’’ after U.S.C. 1320a–7a(a)) is amended by adding the promulgated.’’. ‘‘title)’’. following new paragraph: (j) EFFECTIVE DATE.—The amendments SEC. 7084. GRAND JURY DISCLOSURE. ‘‘(3) Any person (including any organiza- made by this section shall take effect Janu- Section 3322 of title 18, United States Code, tion, agency, or other entity, but excluding a ary 1, 1996. is amended— November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16545 (1) by redesignating subsections (c) and (d) ‘‘§ 669. Theft or embezzlement in connection designated in the subpoena to serve it. Serv- as subsections (d) and (e), respectively; and with health care ice upon a natural person may be made by (2) by inserting after subsection (b) the fol- ‘‘(a) IN GENERAL.—Whoever willfully em- personal delivery of the subpoena to such lowing new subsection: bezzles, steals, or otherwise without author- person. Service may be made upon a domes- ‘‘(c) A person who is privy to grand jury in- ity willfully and unlawfully converts to the tic or foreign association which is subject to formation concerning a Federal health care use of any person other than the rightful suit under a common name, by delivering the offense (as defined in section 982(a)(6)(B))— owner, or intentionally misapplies any of the subpoena to an officer, to a managing or gen- ‘‘(1) received in the course of duty as an at- moneys, funds, securities, premiums, credits, eral agent, or to any other agent authorized torney for the Government; or property, or other assets of a health plan, by appointment or by law to receive service ‘‘(2) disclosed under rule 6(e)(3)(A)(ii) of the shall be fined under this title or imprisoned of process. The affidavit of the person serv- Federal Rules of Criminal Procedure; not more than 10 years, or both. ing the subpoena entered on a true copy may disclose that information to an attor- ‘‘(b) HEALTH PLAN.—As used in this section thereof by the person serving it shall be ney for the Government to use in any inves- the term ‘health plan’ has the same meaning proof of service. tigation or civil proceeding relating to given such term in section 7061(f)(6) of the ‘‘(c) ENFORCEMENT.—In the case of contu- health care fraud.’’. Medicare Improvement and Solvency Protec- macy by or refusal to obey a subpoena issued SEC. 7085. FALSE STATEMENTS. tion Act of 1995.’’. to any person, the Attorney General may in- (a) IN GENERAL.—Chapter 47, of title 18, (b) CLERICAL AMENDMENT.—The table of voke the aid of any court of the United United States Code, is amended by adding at sections at the beginning of chapter 31 of States within the jurisdiction of which the the end the following new section: title 18, United States Code, is amended by investigation is carried on or of which the ‘‘§ 1035. False statements relating to health adding at the end the following: subpoenaed person is an inhabitant, or in care matters ‘‘669. Theft or embezzlement in connection which such person carries on business or may be found, to compel compliance with ‘‘(a) Whoever, in any matter involving a with health care.’’. the subpoena. The court may issue an order health plan, knowingly and willfully fal- SEC. 7088. LAUNDERING OF MONETARY INSTRU- requiring the subpoenaed person to appear sifies, conceals, or covers up by any trick, MENTS. before the Attorney General to produce scheme, or device a material fact, or makes Section 1956(c)(7) of title 18, United States records, if go ordered, or to give testimony any false, fictitious, or fraudulent state- Code, is amended by adding at the end the touching the matter under investigation. ments or representations, or makes or uses following new subparagraph: Any failure to obey the order of the court any false writing or document knowing the ‘‘(F) Any act or activity constituting an may be punished by the court as a contempt same to contain any false, fictitious, or offense involving a Federal health care of- thereof. All process in any such case may be fraudulent statement or entry, shall be fined fense as that term is defined in section served in any judicial district in which such under this title or imprisoned not more than 982(a)(6)(B) of this title.’’. person may be found. 5 years, or both. SEC. 7089. AUTHORIZED INVESTIGATIVE DEMAND ‘‘(b) For purposes of this section, the term PROCEDURES. ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- ‘health plan’ has the same meaning given (a) IN GENERAL.—Chapter 233 of title 18, withstanding any Federal, State, or local such term in section 7061(f)(6) of the Medi- United States Code, is amended by adding law, any person, including officers, agents, care Improvement and Solvency Protection after section 3485 the following new section: and employees, receiving a subpoena under Act of 1995.’’. ‘‘§ 3486. Authorized investigative demand pro- this section, who complies in good faith with (b) CLERICAL AMENDMENT.—The table of cedures the subpoena and thus produces the mate- sections at the beginning of chapter 47 of ‘‘(a) AUTHORIZATION.— rials sought, shall not be liable in any court title 18, United States Code, in amended by ‘‘(1) In any investigation relating to func- of any State or the United States to any cus- adding at the end the following: tions set forth in paragraph (2), the Attorney tomer or other person for such production or for nondisclosure of that production to the ‘‘1035. False statements relating to health General or designee may issue in writing and customer. care matters.’’. cause to be served a subpoena compelling production of any records (including any ‘‘(e) USE IN ACTION AGAINST INDIVIDUALS.— SEC. 7086. OBSTRUCTION OF CRIMINAL INVES- ‘‘(1) Health information about an individ- TIGATIONS, AUDITS, OR INSPEC- books, papers, documents, electronic media, TIONS OF FEDERAL HEALTH CARE or other objects or tangible things), which ual that is disclosed under this section may OFFENSES. may be relevant to an authorized law en- not be used in, or disclosed to any person for (a) IN GENERAL.—Chapter 73 of title 18, forcement inquiry, that a person or legal en- use in, any administrative, civil, or criminal United States Code, is amended by adding at tity may possess or have care, custody, or action or investigation directed against the the end the following new section: control. A custodian of records may be re- individual who is the subject of the informa- tion unless the action or investigation arises ‘‘§ 1518. Obstruction of criminal investiga- quired to give testimony concerning the pro- out of and is directly related to receipt of tions, audits, or inspections of Federal duction and authentication of such records. health care or payment for health care or ac- health care offenses The production of records may be required from any place in any State or in any terri- tion involving a fraudulent claim related to ‘‘(a) IN GENERAL.—Whoever willfully pre- tory or other place subject to the jurisdic- health; or if authorized by an appropriate vents, obstructs, misleads, delays or at- tion of the United States at any designated order of a court of competent jurisdiction, tempts to prevent, obstruct, mislead, or place; except that such production shall not granted after application showing good cause delay the communication of information or be required more than 500 miles distant from therefore. records relating to a Federal health care of- the place where the subpoena is served. Wit- ‘‘(2) In assessing good cause, the court fense to a Federal agent or employee in- nesses summoned under this section shall be shall weigh the public interest and the need volved in an investigation, audit, inspection, paid the same fees and mileage that are paid for disclosure against the injury to the pa- or other activity related to such an offense, witnesses in the courts of the United States. tient, to the physician-patient relationship, shall be fined under this title or imprisoned A subpoena requiring the production of and to the treatment services. not more than 5 years, or both. records shall describe the objects required to ‘‘(3) Upon the granting of such order, the ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As be produced and prescribe a return date court, in determining the extent to which used in this section the term ‘Federal health within a reasonable period of time within any disclosure of all or any part of any care offense’ has the same meaning given which the objects can be assembled and made record is necessary, shall impose appropriate such term in section 982(a)(6)(B) of this title. available. safeguards against unauthorized disclosure. ‘‘(c) CRIMINAL INVESTIGATOR.—As used in ‘‘(2) Investigative demands utilizing an ad- ‘‘(f) HEALTH PLAN.—As used in this section this section the term ‘criminal investigator’ ministrative subpoena are authorized for any the term ‘health plan’ has the same meaning means any individual duly authorized by a investigation with respect to any act or ac- given such term in section 7061(f)(6) of the department, agency, or armed force of the tivity constituting or involving health care Medicare Improvement and Solvency Protec- United States to conduct or engage in inves- fraud, including a scheme or artifice— tion Act of 1995.’’. tigations for prosecutions for violations of ‘‘(A) to defraud any health plan or other health care offenses.’’. (b) CLERICAL AMENDMENT.—The table of person, in connection with the delivery of or (b) CLERICAL AMENDMENT.—The table of sections for chapter 223 of title 18, United payment for health care benefits, items, or sections at the beginning of chapter 73 of States Code, is amended by inserting after services; or title 18, United States Code, is amended by the item relating to section 3485 the follow- ‘‘(B) to obtain, by means of false or fraudu- adding at the end the following: ing new item: lent pretenses, representations, or promises, ‘‘3486. Authorized investigative demand pro- ‘‘1518. Obstruction of criminal investiga- any of the money or property owned by, or cedures.’’. tions, audits, or inspections of under the custody or control or, any health Federal health care offenses.’’. plan, or person in connection with the deliv- (c) CONFORMING AMENDMENT.—Section SEC. 7087. THEFT OR EMBEZZLEMENT. ery of or payment for health care benefits, 1510(b)(3)(B) of title 18, United States Code, is (a) IN GENERAL.—Chapter 31 of title 18, items, or services. amended by inserting ‘‘or a Department of United States Code, is amended by adding at ‘‘(b) SERVICE.—A subpoena issued under Justice subpoena (issued under section the end the following new section: this section may be served by any person 3486),’’ after ‘‘subpoena’’. S 16546 CONGRESSIONAL RECORD — SENATE November 1, 1995 PART VI—STATE HEALTH CARE FRAUD SEC. 7102. STANDARDS FOR UNIFORM CLAIMS. SEC. 7112. APPLICATION OF COMPETITIVE AC- CONTROL UNITS (a) ESTABLISHMENT OF STANDARDS.—Not QUISITION PROCESS FOR PART B ITEMS AND SERVICES. SEC. 7091. STATE HEALTH CARE FRAUD CONTROL later than 1 year after the date of the enact- UNITS. ment of this Act, the Secretary shall estab- (a) GENERAL RULE.—Part B of title XVIII is (a) EXTENSION OF CONCURRENT AUTHORITY lish standards for the form and submission of amended by inserting after section 1846 the TO INVESTIGATE AND PROSECUTE FRAUD IN claims for payment under the medicare pro- following new section: OTHER FEDERAL PROGRAMS.—Section gram under title XVIII of the Social Secu- 1903(q)(3) (42 U.S.C. 1396b(q)(3)) is amended— rity Act (42 U.S.C. 1395 et seq.) and the med- ‘‘COMPETITION ACQUISITION FOR ITEMS AND (1) by inserting ‘‘(A)’’ after ‘‘in connection icaid program under title XIX of such Act (42 SERVICES with’’; and U.S.C. 1396 et seq.). ‘‘SEC. 1847. (a) ESTABLISHMENT OF BIDDING (2) by striking ‘‘title.’’ and inserting ‘‘title; (b) ENSURING PROVIDER RESPONSIBILITY.— and (B) in cases where the entity’s function In establishing standards under subsection AREAS.— is also described by subparagraph (A), and (a), the Secretary, in consultation with ap- ‘‘(1) IN GENERAL.—The Secretary shall es- upon the approval of the relevant Federal propriate agencies including the Department tablish competitive acquisition areas for the agency, any aspect of the provision of health of Justice, shall include such methods of en- purpose of awarding a contract or contracts care services and activities of providers of suring provider responsibility and account- for the furnishing under this part of the such services under any Federal health care ability for claims submitted as necessary to items and services described in subsection (c) program (as defined in section 1128B(b)(1)).’’. control fraud and abuse. on or after January 1, 1996. The Secretary (b) EXTENSION OF AUTHORITY TO INVES- (c) USE OF ELECTRONIC MEDIA.—The Sec- may establish different competitive acquisi- TIGATE AND PROSECUTE PATIENT ABUSE IN retary shall develop specific standards which tion areas under this subsection for different NON-MEDICAID BOARD AND CARE FACILITIES.— govern the submission of claims through classes of items and services under this part. Section 1903(q)(4) (42 U.S.C. 1396b(q)(4)) is electronic media in order to control fraud ‘‘(2) CRITERIA FOR ESTABLISHMENT.—The amended to read as follows: and abuse in the submission of such claims. competitive acquisition areas established ‘‘(4)(A) The entity has— SEC. 7103. UNIQUE PROVIDER IDENTIFICATION under paragraph (1) shall— ‘‘(i) procedures for reviewing complaints of CODE. ‘‘(A) initially be within, or be centered (a) ESTABLISHMENT OF SYSTEM.—Not later abuse or neglect of patients in health care around metropolitan statistical areas; than 1 year after the date of the enactment facilities which receive payments under the ‘‘(B) be chosen based on the availability of this Act, the Secretary shall establish a State plan under this title; and accessibility of suppliers and the prob- system which provides for the issuance of a ‘‘(ii) at the option of the entity, procedures able savings to be realized by the use of com- unique identifier code for each individual or for reviewing complaints of abuse or neglect petitive bidding in the furnishing of items entity furnishing items or services for which of patients residing in board and care facili- and services in the area; and payment may be made under title XVIII or ties; and ‘‘(C) be chosen so as to not reduce access to XIX of the Social Security (42 U.S.C. 1395 et ‘‘(iii) procedures for acting upon such com- such items and services to individuals resid- seq.; 1396 et seq.), and the notation of such plaints under the criminal laws of the State ing in rural and other underserved areas.. unique identifier codes on all claims for pay- or for referring such complaints to other ment. ‘‘(b) AWARDING OF CONTRACTS IN AREAS.— State agencies for action. (b) APPLICATION FEE.—The Secretary shall ‘‘(1) IN GENERAL.—The Secretary shall con- ‘‘(B) For purposes of this paragraph, the require an individual applying for a unique duct a competition among individuals and term ‘board and care facility’ means a resi- identifier code under subsection (a) to sub- entities supplying items and services under dential setting which receives payment from mit a fee in an amount determined by the this part for each competitive acquisition or on behalf of two or more unrelated adults Secretary to be sufficient to cover the cost area established under subsection (a) for who reside in such facility, and for whom one of investigating the information on the ap- each class of items and services. or both of the following is provided: plication and the individual’s suitability for ‘‘(2) CONDITIONS FOR AWARDING CONTRACT.— ‘‘(i) Nursing care services provided by, or receiving such a code. The Secretary may not award a contract to under the supervision of, a registered nurse, SEC. 7104. USE OF NEW PROCEDURES. any individual or entity under the competi- licensed practical nurse, or licensed nursing No payment may be made under either tion conducted pursuant to paragraph (1) to assistant. title XVIII or XIX of the Social Security Act furnish an item or service under this part ‘‘(ii) Personal care services that assist resi- (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.) unless the Secretary finds that the individ- dents with the activities of daily living, in- for any item or service furnished by an indi- ual or entity— cluding personal hygiene, dressing, bathing, vidual or entity unless the requirements of ‘‘(A) meets quality standards specified by eating, toileting, ambulation, transfer, posi- sections 7102 and 7103 are satisfied. the Secretary for the furnishing of such item tioning, self-medication, body care, travel to or service; and medical services, essential shopping, meal SEC. 7105. REQUIRED BILLING, PAYMENT, AND COST LIMIT CALCULATION TO BE ‘‘(B) offers to furnish a total quantity of preparation, laundry, and housework.’’. BASED ON SITE WHERE SERVICE IS such item or service that is sufficient to PART VII—MEDICARE/MEDICAID BILLING FURNISHED. meet the expected need within the competi- ABUSE PREVENTION (a) CONDITIONS OF PARTICIPATION.—Section tive acquisition area and to assure that ac- SEC. 7101. UNIFORM MEDICARE/MEDICAID APPLI- 1891 (42 U.S.C. 1395bbb) is amended by adding cess to such items (including appropriate CATION PROCESS. at the end the following new subsection: customized items) and services to individ- Not later than 1 year after the date of the ‘‘(g) A home health agency shall submit uals residing in rural and other underserved enactment of this Act, the Secretary shall claims for payment of home health services areas is not reduced. establish procedures and a uniform applica- under this title only on the basis of the geo- ‘‘(3) CONTENTS OF CONTRACT.—A contract tion form for use by any individual or entity graphic location at which the service is fur- entered into with an individual or entity that seeks to participate in the programs nished, as determined by the Secretary.’’. under the competition conducted pursuant under titles XVIII and XIX of the Social Se- (b) WAGE ADJUSTMENT.—Section to paragraph (1) shall specify (for all of the curity Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) items and services within a class)— 1396 et seq.). The procedures established shall is amended by striking ‘‘agency is located’’ ‘‘(A) the quantity of items and services the include the following: and inserting ‘‘service is furnished’’. entity shall provide; and (1) Execution of a standard authorization Subchapter B—Additional Provisions to ‘‘(B) such other terms and conditions as form by all individuals and entities prior to Combat Waste, Fraud, and Abuse the Secretary may require. submission of claims for payment which PART I—WASTE AND ABUSE REDUCTION ‘‘(c) SERVICES DESCRIBED.—The items and shall include the social security number of SEC. 7111. PROHIBITING UNNECESSARY AND the beneficiary and the TIN (as defined in services to which the provisions of this sec- WASTEFUL MEDICARE PAYMENTS tion shall apply are as follows: section 7701(a)(41) of the Internal Revenue FOR CERTAIN ITEMS. Code of 1986) of any health care provider, Notwithstanding any other provision of ‘‘(1) Durable medical equipment and medi- supplier, or practitioner providing items or law, including any regulation or payment cal supplies. services under the claim. policy, the following categories of charges ‘‘(2) Oxygen and oxygen equipment. (2) Assumption of responsibility and liabil- shall not be reimbursable under title XVIII ‘‘(3) Such other items and services with re- ity for all claims submitted. of the Social Security Act: spect to which the Secretary determines the (3) A right of access by the Secretary to (1) Tickets to sporting or other entertain- use of competitive acquisition under this provider records relating to items and serv- ment events. section to be appropriate and cost-effec- ices rendered to beneficiaries of such pro- (2) Gifts or donations. tive.’’. grams. (3) Costs related to team sports. (b) ITEMS AND SERVICES TO BE FURNISHED (4) Retention of source documentation. (4) Personal use of motor vehicles. ONLY THROUGH COMPETITIVE ACQUISITION.— (5) Provision of complete and accurate doc- (5) Costs for fines and penalties resulting Section 1862(a) (42 U.S.C. 1395y(a)) is amend- umentation to support all claims for pay- from violations of Federal, State, or local ed— ment. laws. (1) by striking ‘‘or’’ at the end of paragraph (6) A statement of the legal consequences (6) Tuition or other education fees for (14); for the submission of false or fraudulent spouses or dependents of providers of serv- (2) by striking the period at the end of claims for payment. ices, their employees, or contractors. paragraph (15) and inserting ‘‘; or’’; and November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16547 (3) by inserting after paragraph (15) the fol- SEC. 7116. EFFECTIVE DATE. (1) The term ‘‘automatic data processing lowing new paragraph: The amendments made by this chapter equipment’’ (ADPE) has the same meaning ‘‘(16) where such expenses are for an item shall apply to items and services furnished as in section 111(a)(2) of the Federal Property or service furnished in a competitive acquisi- under title XVIII of the Social Security Act and Administrative Services Act of 1949 (40 tion area (as established by the Secretary on or after January 1, 1996. U.S.C. 759(a)(2)). under section 1847(a)) by an individual or en- PART II—MEDICARE BILLING ABUSE (2) The term ‘‘billing code abuse’’ means tity other than the supplier with whom the PREVENTION the submission to medicare carriers of Secretary has entered into a contract under claims for services that include procedure section 1847(b) for the furnishing of such SEC. 7121. IMPLEMENTATION OF GENERAL AC- COUNTING OFFICE RECOMMENDA- codes that do not appropriately describe the item or service in that area, unless the Sec- TIONS REGARDING MEDICARE total services provided or otherwise violate retary finds that such expenses were in- CLAIMS PROCESSING. medicare payment policies. curred in a case of urgent need.’’. (a) IN GENERAL.—Not later than 90 days (3) The term ‘‘commercial item’’ has the (c) REDUCTION IN PAYMENT AMOUNTS IF after the date of the enactment of this Act, same meaning as in section 4(12) of the Office COMPETITIVE ACQUISITION FAILS TO ACHIEVE the Secretary shall, by regulation, contract, of Federal Procurement Policy Act (41 U.S.C. MINIMUM REDUCTION IN PAYMENTS.—Notwith- change order, or otherwise, require medicare 403(12)). standing any other provision of title XVIII of carriers to acquire commercial automatic (4) The term ‘‘medicare part B’’ means the the Social Security Act, if the establishment data processing equipment (in this sub- supplementary medical insurance program of competitive acquisition areas under sec- chapter referred to as ‘‘ADPE’’) meeting the authorized under part B of title XVIII of the tion 1847 of such Act (as added by subsection requirements of section 7122 to process medi- Social Security Act (42 U.S.C. 1395j–1395w–4). (a)) and the limitation of coverage for items care part B claims for the purpose of identi- and services under part B of such title to (5) The term ‘‘medicare carrier’’ means an fying billing code abuse. items and services furnished by providers entity that has a contract with the Health (b) SUPPLEMENTATION.—Any ADPE ac- with competitive acquisition contracts Care Financing Administration to determine quired in accordance with subsection (a) under such section does not result in a re- and make medicare payments for medicare shall be used as a supplement to any other duction, beginning on January 1, 1997, of at part B benefits payable on a charge basis and ADPE used in claims processing by medicare least 20 percent (30 percent in the case of ox- to perform other related functions. carriers. ygen and oxygen equipment) in the projected (6) The term ‘‘payment policies’’ means (c) STANDARDIZATION.—In order to ensure payment amount that would have applied to regulations and other rules that govern bill- uniformity, the Secretary may require that an item or service under part B if the item ing code abuses such as unbundling, global medicare carriers that use a common claims or service had not been furnished through service violations, double billing, and unnec- processing system acquire common ADPE in competitive acquisition under such section, essary use of assistants at surgery. the Secretary shall reduce such payment implementing subsection (a). (7) The term ‘‘Secretary’’ means the Sec- (d) IMPLEMENTATION DATE.—Any ADPE ac- amount by such percentage as the Secretary retary of Health and Human Services. determines necessary to result in such a re- quired in accordance with subsection (a) duction. shall be in use by medicare carriers not later PART III—REFORMING PAYMENTS FOR than 180 days after the date of the enactment AMBULANCE SERVICES SEC. 7113. INTERIM REDUCTION IN EXCESSIVE of this Act. PAYMENTS. SEC. 7131. REFORMING PAYMENTS FOR AMBU- SEC. 7122. MINIMUM SOFTWARE REQUIREMENTS. Section 1834(a)(1)(D) (42 U.S.C. LANCE SERVICES. 1395m(a)(1)(D)) is amended by adding at the (a) IN GENERAL.—The requirements de- end the following new sentence: ‘‘With re- scribed in this section are as follows: (a) IN GENERAL.—Section 1834 (42 U.S.C. spect to services described in section 1847(c) (1) The ADPE shall be a commercial item. 1395m) is amended by adding at the end the furnished between January 1, 1996, and the (2) The ADPE shall surpass the capability following new subsection: date on which competitive acquisition under of ADPE used in the processing of medicare ‘‘(k) PAYMENT FOR AMBULANCE SERVICES.— section 1847 is fully implemented, the Sec- part B claims for identification of code ma- ‘‘(1) IN GENERAL.—Notwithstanding any retary shall reduce the payment amount ap- nipulation on the day before the date of the other provision of this part, with respect to plied for such services by 10 percent, except enactment of this Act. ambulance services described in section that with respect to oxygen and oxygen (3) The ADPE shall be capable of being 1861(s)(7), payment shall be made based on equipment items, the Secretary shall reduce modified to— the lesser of— the payment amount applied for such items (A) satisfy pertinent statutory require- ‘‘(A) the actual charges for the services; or by 20 percent.’’. ments of the medicare program; and ‘‘(B) the amount determined by a fee SEC. 7114. REDUCING EXCESSIVE BILLINGS AND (B) conform to general policies of the schedule developed by the Secretary. UTILIZATION FOR CERTAIN ITEMS. Health Care Financing Administration re- ‘‘(2) FEE SCHEDULE.—The fee schedule es- Section 1834(a)(15) (42 U.S.C. 1395m(a)(15)) garding claims processing. tablished under paragraph (1) shall be estab- is amended by striking ‘‘Secretary may’’ (b) MINIMUM STANDARDS.—Nothing in this lished on a regional, statewide, or carrier both places it appears and inserting ‘‘Sec- subchapter shall be construed as preventing service area basis (as the Secretary may de- retary shall’’. the use of ADPE which exceeds the minimum termine to be appropriate) for services per- SEC. 7115. IMPROVED CARRIER AUTHORITY TO requirements described in subsection (a). formed on or after January 1, 1996. REDUCE EXCESSIVE MEDICARE PAY- SEC. 7123. DISCLOSURE. MENTS. ‘‘(3) SEPARATE PAYMENT LEVELS.— (a) IN GENERAL.—Notwithstanding any (a) GENERAL RULE.—Section 1834(a)(10)(B) ‘‘(A) IN GENERAL.—In establishing the fee other provision of law, and except as pro- (42 U.S.C. 1395m(a)(10)(B)) is amended by schedule under paragraph (2), the Secretary vided in subsection (b), any ADPE or data re- striking ‘‘paragraphs (8) and (9)’’ and all that shall establish separate payment rates for lated thereto acquired by medicare carriers follows through the end of the sentence and advanced life support and basic life support in accordance with section 7121(a) shall not inserting ‘‘section 1842(b)(8) to covered items services. Payment levels shall be restricted be subject to public disclosure. and suppliers of such items and payments to the basic life support level unless the pa- (b) EXCEPTION.—The Secretary may au- under this subsection as such provisions (re- tient’s medical condition or other cir- thorize the public disclosure of any ADPE or lating to determinations of grossly excessive cumstance necessitates (as determined by data related thereto acquired by medicare payment amounts) apply to items and serv- the Secretary in regulations) the provisions carriers in accordance with section 7121(a) if ices and entities and a reasonable charge of advanced life support services. the Secretary determines that— under section 1842(b)’’. ‘‘(B) NONROUTINE BASIS.—The Secretary (1) release of such information is in the (b) REPEAL OF OBSOLETE PROVISIONS.— shall also establish appropriate payment lev- (1) Section 1842(b)(8) (42 U.S.C. 1395u(b)(8)) public interest; and els for the provision of ambulance services is amended— (2) the information to be released is not that are provided on a routine or scheduled (A) by striking subparagraphs (B) and (C), protected from disclosure under section basis. Such payment levels shall not exceed (B) by striking ‘‘(8)(A)’’ and inserting 552(b) of title 5, United States Code. 80 percent of the applicable rate for unsched- ‘‘(8)’’, and SEC. 7124. REVIEW AND MODIFICATION OF REGU- uled transports. (C) by redesignating clauses (i) and (ii) as LATIONS. ‘‘(4) ANNUAL ADJUSTMENT.— subparagraphs (A) and (B), respectively. Not later than 30 days after the date of the ‘‘(A) IN GENERAL.—Except as provided in (2) Section 1842(b)(9) (42 U.S.C. 1395u(b)(9)) enactment of this Act, the Secretary shall subparagraph (B), the fee schedules shall be is repealed. order a review of existing regulations, guide- adjusted annually (to become effective on (c) PAYMENT FOR SURGICAL DRESSINGS.— lines, and other guidance governing medi- January 1 of each year) by a percentage in- Section 1834(i) (42 U.S.C. 1395m(i)) is amend- care payment policies and billing code abuse crease or decrease equal to the percentage ed by adding at the end the following new to determine if revision of or addition to increase or decrease in the consumer price paragraph: those regulations, guidelines, or guidance is index for all urban consumers (United States ‘‘(3) GROSSLY EXCESSIVE PAYMENT necessary to maximize the benefits to the city average). AMOUNTS.—Notwithstanding paragraph (1), Federal Government of the use of ADPE ac- ‘‘(B) SPECIAL RULE.—Notwithstanding sub- the Secretary may apply the provisions of quired pursuant to section 7121. paragraph (B), the annual adjustment in the section 1842(b)(8) to payments under this sub- SEC. 7125. DEFINITIONS. fee schedules determined under such sub- section.’’. For purposes of this chapter— paragraph for each of the years 1996 through S 16548 CONGRESSIONAL RECORD — SENATE November 1, 1995

2002 shall be such consumer price index for (1) IN GENERAL.—Section 1876(i)(1) (42 1395mm(i)(7)(A)) is amended by striking ‘‘an the year minus 1 percentage point. U.S.C. 1395mm(i)(1)) is amended by striking agreement’’ and inserting ‘‘a written agree- ‘‘(5) FURTHER ADJUSTMENTS.—The Sec- ‘‘the Secretary may terminate’’ and all that ment’’. retary shall adjust the fee schedule to the follows and inserting ‘‘in accordance with (c) EFFECTIVE DATE.—The amendments extent necessary to ensure that the fee procedures established under paragraph (9), made by this section shall apply with respect schedule takes into consideration the costs the Secretary may at any time terminate to contract years beginning on or after Janu- incurred in providing the transportation and any such contract or may impose the inter- ary 1, 1996. associated services as well as technological mediate sanctions described in paragraph changes. (6)(B) or (6)(C) (whichever is applicable) on CHAPTER 6—ESTABLISHMENT OF COM- ‘‘(6) SPECIAL RULE FOR END STAGE RENAL the eligible organization if the Secretary de- MISSION TO PREPARE FOR THE 21ST DISEASE BENEFICIARIES.—The Secretary shall termines that the organization— CENTURY. direct the carriers to identify end stage renal ‘‘(A) has failed substantially to carry out disease beneficiaries who receive ambulance the contract; SEC. 7161. ESTABLISHMENT. transports and— ‘‘(B) is carrying out the contract in a man- (a) ESTABLISHMENT.—There is established a ‘‘(A) make no payment for scheduled am- ner substantially inconsistent with the effi- commission to be known as the Medicare bulance transports unless authorized in ad- cient and effective administration of this Commission To Prepare For The 21st Cen- vance by the carrier; or section; or tury (hereafter in this Act referred to as the ‘‘(B) make no additional payment for ‘‘(C) no longer substantially meets the ap- ‘‘Commission’’). scheduled ambulance transports for bene- plicable conditions of subsections (b), (c), (e), (b) MEMBERSHIP.— ficiaries that have utilized ambulance serv- and (f).’’. (1) IN GENERAL.—The Commission shall be ices twice within 4 continuous days, or 7 (2) OTHER INTERMEDIATE SANCTIONS FOR composed of 7 members appointed by the times within a continuous 15-day period, un- MISCELLANEOUS PROGRAM VIOLATIONS.—Sec- President and confirmed by the Senate. Not less authorized in advance by the carrier; or tion 1876(i)(6) (42 U.S.C. 1395mm(i)(6)) is more than 4 members selected by the Presi- ‘‘(C) institute other such safeguards as the amended by adding at the end the following dent shall be members of the same political Secretary may determine are necessary to new subparagraph: party. ensure appropriate utilization of ambulance ‘‘(C) In the case of an eligible organization (2) EXPERTISE.—The membership of the transports by such beneficiaries.’’. for which the Secretary makes a determina- Commission shall include individuals with (b) EFFECTIVE DATE.—The amendments tion under paragraph (1) the basis of which is national recognition for their expertise on made by this section shall apply to services not described in subparagraph (A), the Sec- health matters. furnished under title XVIII of the Social Se- retary may apply the following intermediate (3) DATE.—The appointments of the mem- curity Act on and after January 1, 1997. sanctions: bers of the Commission shall be made no ‘‘(i) Civil money penalties of not more than PART IV—REWARDS FOR INFORMATION later than December 31, 1995. SEC. 7141. REWARDS FOR INFORMATION LEAD- $25,000 for each determination under para- ING TO HEALTH CARE FRAUD PROS- graph (1) if the deficiency that is the basis of (c) PERIOD OF APPOINTMENT; VACANCIES.— ECUTION AND CONVICTION. the determination has directly adversely af- Members shall be appointed for the life of (a) IN GENERAL.—In special circumstances, fected (or has the substantial likelihood of the Commission. Any vacancy in the Com- the Secretary of Health and Human Services adversely affecting) an individual covered mission shall not affect its powers, but shall and the Attorney General of the United under the organization’s contract. be filled in the same manner as the original States may jointly make a payment of up to ‘‘(ii) Civil money penalties of not more appointment. $10,000 to a person who furnishes information than $10,000 for each week beginning after (d) INITIAL MEETING.—No later than 30 days unknown to the Government relating to a the initiation of procedures by the Secretary after the date on which all members of the possible prosecution for health care fraud. under paragraph (9) during which the defi- Commission have been appointed, the Com- (b) INELIGIBLE PERSONS.—A person is not ciency that is the basis of a determination mission shall hold its first meeting. eligible for a payment under subsection (a) under paragraph (1) exists. if— (e) MEETINGS.—The Commission shall meet ‘‘(iii) Suspension of enrollment of individ- at the call of the Chairman. (1) the person is a current or former officer uals under this section after the date the or employee of a Federal or State govern- Secretary notifies the organization of a de- (f) QUORUM.—A majority of the members of ment agency or instrumentality who fur- termination under paragraph (1) and until the Commission shall constitute a quorum, nishes information discovered or gathered in the Secretary is satisfied that the deficiency but a lesser number of members may hold the course of government employment; that is the basis for the determination has hearings. (2) the person knowingly participated in been corrected and is not likely to recur.’’. (g) CHAIRPERSON.—The President shall des- the offense; (3) PROCEDURES FOR IMPOSING SANCTIONS.— ignate one person as Chairperson from (3) the information furnished by the person Section 1876(i) (42 U.S.C. 1395mm(i)) is among its members. consists of allegations or transactions that amended by adding at the end the following SEC. 7162. DUTIES OF THE COMMISSION. have been disclosed to the public— new paragraph: (A) in a criminal, civil, or administrative ‘‘(9) The Secretary may terminate a con- (a) ANALYSES AND RECOMMENDATIONS.— proceeding; tract with an eligible organization under (1) IN GENERAL.—The Commission is (B) in a congressional, administrative, or this section or may impose the intermediate charged with long-term strategic planning General Accounting Office report, hearing, sanctions described in paragraph (6) on the (for years after 2010) for the medicare pro- audit, or investigation; or organization in accordance with formal in- gram. The Commission shall— (C) by the news media, unless the person is vestigation and compliance procedures es- (A) review long-term problems and oppor- the original source of the information; or tablished by the Secretary under which— tunities facing the medicare program within (4) in the judgment of the Attorney Gen- ‘‘(A) the Secretary first provides the orga- the context of the overall health care sys- eral, it appears that a person whose illegal nization with the reasonable opportunity to tem, including an analysis of the long-term activities are being prosecuted or inves- develop and implement a corrective action financial condition of the medicare trust tigated could benefit from the award. plan to correct the deficiencies that were the funds; (c) DEFINITIONS.— basis of the Secretary’s determination under (B) analyze potential measures to assure (1) HEALTH CARE FRAUD.—For purposes of continued adequacy of financing of the medi- this section, the term ‘‘health care fraud’’ paragraph (1) and the organization fails to care program within the context of com- means health care fraud within the meaning develop or implement such a plan; prehensive health care reform and to guaran- of section 1347 of title 18, United States Code. ‘‘(B) in deciding whether to impose sanc- tee medicare beneficiaries affordable and (2) ORIGINAL SOURCE.—For the purposes of tions, the Secretary considers aggravating high quality health care services that takes subsection (b)(3)(C), the term ‘‘original factors such as whether an organization has source’’ means a person who has direct and a history of deficiencies or has not taken ac- into account— independent knowledge of the information tion to correct deficiencies the Secretary has (i) the health needs and financial status of that is furnished and has voluntarily pro- brought to the organization’s attention; senior citizens and the disabled, vided the information to the Government ‘‘(C) there are no unreasonable or unneces- (ii) overall trends in national health care prior to disclosure by the news media. sary delays between the finding of a defi- costs, (d) NO JUDICIAL REVIEW.—Neither the fail- ciency and the imposition of sanctions; and (iii) the number of Americans without ure of the Secretary of Health and Human ‘‘(D) the Secretary provides the organiza- health insurance, and Services and the Attorney General to au- tion with reasonable notice and opportunity (iv) the impact of its recommendations on thorize a payment under subsection (a) nor for hearing (including the right to appeal an the private sector and on the medicaid pro- the amount authorized shall be subject to ju- initial decision) before imposing any sanc- gram; dicial review. tion or terminating the contract.’’. (C) consider a range of program improve- SEC. . INTERMEDIATE SANCTIONS FOR MEDI- (4) CONFORMING AMENDMENTS.—Section ments, including measures to— CARE HEALTH MAINTENANCE ORGA- 1876(i)(6)(B) (42 U.S.C. 1395mm(i)(6)(B)) is (i) reduce waste, fraud, and abuse, NIZATIONS. amended by striking the second sentence. (ii) improve program efficiency, (a) APPLICATION OF INTERMEDIATE SANC- (b) AGREEMENTS WITH PEER REVIEW ORGA- (iii) improve quality of care and access, TIONS FOR ANY PROGRAM VIOLATIONS.— NIZATIONS.—Section 1876(i)(7)(A) (42 U.S.C. and November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16549

(iv) examine ways to improve access to its duties. At the request of the Chairman, (b) LIMITATION ON NUMBER OF RESIDENTS.— preventive care and primary care services, the Secretary of Health and Human Services (1) DIRECT GRADUATE MEDICAL EDUCATION.— (v) improve beneficiary cost consciousness, shall provide the Commission with any nec- Section 1886(h)(4) (42 U.S.C. 1395ww(h)(4)) is including an analysis of proposals that would essary administrative and support services. amended by adding at the end the following restructure medicare from a defined benefits The employment of an executive director new subparagraph: program to a defined contribution program shall be subject to confirmation by the Com- ‘‘(F) LIMITATION ON NUMBER OF RESIDENTS and other means, and mission. FOR CERTAIN FISCAL YEARS.—Such rules shall (vi) measures to maintain a medicare bene- (2) COMPENSATION.—The Chairman of the provide that for purposes of a cost reporting ficiary’s ability to select a health care pro- Commission may fix the compensation of the period beginning on or after October 1, 1995, vider of the beneficiary’s choice; executive director and other personnel with- and on or before September 30, 2002, the num- (D) prepare findings on the impact of all out regard to the provisions of chapter 51 and ber of full-time-equivalent residents (and proposals on senior citizens’ out-of-pocket subchapter III of chapter 53 of title 5, United full-time-equivalent residents who are not health care costs and on any special consid- States Code, relating to classification of po- primary care residents) determined under erations that should be made for seniors that sitions and General Schedule pay rates, ex- this paragraph with respect to an approved live in rural areas and inner cities; cept that the rate of pay for the executive di- medical residency training program may not (E) recognize the uncertainties of long rector and other personnel may not exceed exceed the number of full-time-equivalent range estimates; and the rate payable for level V of the Executive residents (and full-time-equivalent residents (F) provide appropriate recommendations Schedule under section 5316 of such title. who are not primary care residents) with re- to the Secretary of Health and Human Serv- (c) DETAIL OF GOVERNMENT EMPLOYEES.— spect to the program as of August 1, 1995. ices, the President, and the Congress. Any Federal Government employee may be This subparagraph does not apply to any (2) DEFINITION OF MEDICARE TRUST FUNDS.— detailed to the Commission without reim- nonphysician postgraduate training program For purposes of this subsection, the term bursement, and such detail shall be without that, under paragraph (5)(A), is an approved ‘‘medicare trust funds’’ means the Federal interruption or loss of civil service status or medical residency training program.’’. Hospital Insurance Trust Fund established privilege. (2) INDIRECT MEDICAL EDUCATION.—Section under section 1817 of the Social Security Act (d) PROCUREMENT OF TEMPORARY AND 1886(d)(5)(B) (42 U.S.C. 1395ww(d)(5)(B)) is (42 U.S.C. 1395i) and the Federal Supple- INTERMITTENT SERVICES.—The Chairman of amended— mentary Medical Insurance Trust Fund es- the Commission may procure temporary and (A) in clause (ii), by striking ‘‘to beds’’ and tablished under section 1841 of such Act (42 intermittent services under section 3109(b) of inserting ‘‘to beds (subject to clause (v))’’; U.S.C. 1395t). title 5, United States Code, at rates for indi- and (b) REPORT.—The Commission shall submit viduals which do not exceed the daily equiva- (B) by adding at the end the following new its report to the President and the Congress lent of the annual rate of basic pay pre- clauses: not later than July 31, 1996. scribed for level V of the Executive Schedule ‘‘(v) For purposes of this subparagraph, as SEC. 7163. POWERS OF THE COMMISSION. under section 5316 of such title. of July 1, 1996, ‘‘r’’ may not exceed the ratio (a) HEARINGS.—The Commission may hold SEC. 7165. TERMINATION OF THE COMMISSION. of the number of interns and residents as de- such hearings, sit and act at such times and The Commission shall terminate 30 days termined under section 1886(h)(4) with re- places, take such testimony, and receive after the date on which the Commission sub- spect to the hospital as of August 1, 1995, to such evidence as the Commission considers mits its report under section 7702(b). the hospital’s number of usable beds as of advisable to carry out the purposes of this SEC. 7166. FUNDING FOR THE COMMISSION. August 1, 1995. Act. Any expenses of the Commission shall be ‘‘(vi) In determining such adjustment with (b) INFORMATION FROM FEDERAL AGEN- paid from such funds as may be otherwise respect to discharges of a hospital occurring CIES.—The Commission may secure directly available to the Secretary of Health and on or after October 1, 1995, and on or before from any Federal department or agency such Human Services. September 30, 2002, the number of interns information as the Commission considers and residents determined under clause (ii) CHAPTER 7—MEASURES TO IMPROVE THE necessary to carry out the provisions of this with respect to a hospital may not exceed a SOLVENCY OF THE TRUST FUNDS Act. Upon request of the Chairman of the number determined by the Secretary by ap- Commission, the head of such department or Subchapter A—Provisions Relating to Part A plying rules similar to the rules of sub- agency shall furnish such information to the PART I—GENERAL PROVISIONS section (h)(4)(F).’’. Commission. SEC. 7171. PPS HOSPITAL PAYMENT UPDATE. SEC. 7173. ELIMINATION OF DSH AND IME FOR (c) POSTAL SERVICES.—The Commission Section 1886(b)(3)(B)(i) (42 U.S.C. OUTLIERS. may use the United States mails in the same 1395ww(b)(3)(B)(i)) is amended by striking (a) INDIRECT MEDICAL EDUCATION ADJUST- manner and under the same conditions as subclauses (XII) and (XIII) and inserting the MENTS.—Section 1886(d)(5)(B)(i)(I) (42 U.S.C. other departments and agencies of the Fed- following new subclauses: 1395ww(d)(5)(B)(i)(I)) is amended by striking eral Government. ‘‘(XII) for fiscal year 1997 through 2002, the ‘‘and the amount paid to the hospital under SEC. 7164. COMMISSION PERSONNEL MATTERS. market basket percentage increase minus 1.0 subparagraph (A)’’. (a) COMPENSATION OF MEMBERS.— percentage point for hospitals located in a (b) DISPROPORTIONATE SHARE ADJUST- (1) OFFICERS AND EMPLOYEES OF THE FED- large urban or other urban area, and the MENT.—Section 1886(d)(5)(F)(ii)(I) (42 U.S.C. ERAL GOVERNMENT.—All members of the market basket percentage increase minus 0.5 1395ww(d)(5)(F)(ii)(I)) is amended by striking Commission who are officers or employees of percentage point for hospitals located in a ‘‘and the amount paid to the hospital under the Federal Government shall serve without rural area, and subparagraph (A) for that discharge’’. compensation in addition to that received ‘‘(XIII) for fiscal year 2003 and each subse- (c) EFFECTIVE DATE.—The amendments for their services as officers or employees of quent fiscal year, the market basket per- made by this section shall apply with respect the United States. centage increase for hospitals in all areas.’’. to discharges occurring on or after October 1, 1995. (2) PRIVATE CITIZENS OF THE UNITED SEC. 7172. MODIFICATION IN PAYMENT POLICIES STATES.— REGARDING GRADUATE MEDICAL SEC. 7174. CAPITAL PAYMENTS FOR PPS INPA- (A) IN GENERAL.—Subject to subparagraph EDUCATION. TIENT HOSPITALS. (B), all members of the Commission who are (a) INDIRECT COSTS OF MEDICAL EDUCATION; Section 1886(g)(1)(A) (42 U.S.C. not officers or employees of the Federal Gov- APPLICABLE PERCENTAGE.— 1395ww(g)(1)(A)) is amended by— ernment shall serve without compensation (1) IN GENERAL.—Section 1886(d)(5)(B)(ii) (42 (1) by striking ‘‘through 1995’’ and insert- for their work on the Commission. U.S.C. 1395ww(d)(5)(B)(ii)) is amended to read ing ‘‘through 2002’’; and (B) TRAVEL EXPENSES.—The members of as follows: (2) by inserting after ‘‘reduction’’ the fol- the Commission who are not officers or em- ‘‘(ii) For purposes of clause (i)(II), the indi- lowing: ‘‘(or a 15 percent reduction in the ployees of the Federal Government shall be rect teaching adjustment factor is equal to c case of payments during fiscal years 1996 allowed travel expenses, including per diem (((1+r) to the nth power) ¥ 1), where ‘r’ is the through 2002)’’. in lieu of subsistence, at rates authorized for ratio of the hospital’s full-time equivalent SEC. 7175. TREATMENT OF PPS-EXEMPT HOS- employees of agencies under subchapter I of interns and residents to beds and ‘n’ equals PITALS. chapter 57 of title 5, United States Code, .405. For discharges occurring on or after— (a) REBASING FOR PPS-EXEMPT HOS- while away from their homes or regular ‘‘(I) May 1, 1986, and before October 1, 1995, PITALS.—Section 1886(b)(3)(A) (42 U.S.C. places of business in the performance of serv- ‘c’ is equal to 1.89; and 1395ww(b)(3)(A)) is amended to read as fol- ices for the Commission, to the extent funds ‘‘(II) October 1, 1995, ‘c’ is equal to 1.48. lows: are available therefor. (2) NO RESTANDARDIZATION OF PAYMENT ‘‘(A)(i) Subject to clause (ii), and except as (b) STAFF.— AMOUNTS REQUIRED.—Section 1886(d)(2)(C)(i) provided in subparagraphs (C), (D), and (E), (1) IN GENERAL.—The Chairman of the Com- (42 U.S.C. 1395ww(d)(2)(C)(i)) is amended by for purposes of this subsection, the term mission may, without regard to the civil striking ‘‘of 1985’’ and inserting ‘‘of 1985, but ‘target amount’ means— service laws and regulations, appoint and not taking into account the amendments ‘‘(I) with respect to the first 12-month cost terminate an executive director and such made by section 7172(a)(1) of the Medicare reporting period in which this subparagraph other additional personnel as may be nec- Improvement and Solvency Protection Act is applied to the hospital, the average allow- essary to enable the Commission to perform of 1995’’. able operating costs of inpatient hospital S 16550 CONGRESSIONAL RECORD — SENATE November 1, 1995 services (as defined in subsection (a)(4)) rec- (d) ELIMINATION OF INCENTIVE PAYMENTS.— otherwise defined by the Secretary) shall ognized under this title for the hospital for Section 1886(b)(1) (42 U.S.C. 1395ww(b)(1)) is also include cases in which a patient is the hospital’s 2 most recent 12-month cost amended to read as follows: transferred from a subsection (d) hospital to reporting periods beginning on or after Octo- ‘‘(b)(1)(A) Notwithstanding section 1814(b) a hospital or hospital unit that is not a sub- ber 1, 1990, increased in a compounded man- but subject to the provisions of section 1813 section (d) hospital (under section ner by the applicable percentage increases and paragraph (2), if the operating costs of 1886(d)(1)(B)) or to a skilled nursing facil- determined under subparagraph (B)(ii) for inpatient hospital services (as defined in sub- ity.’’. the hospital’s succeeding cost reporting peri- section (a)(4)) of a hospital (other than a sub- (b) EFFECTIVE DATE.—The amendment ods through fiscal year 1996; or section (d) hospital, as defined in subsection made by subsection (a) shall apply to dis- ‘‘(II) with respect to a later cost reporting (d)(1)(B)) for a cost reporting period subject charges occurring on or after October 1, 1995. period, the target amount for the preceding to this paragraph are greater than the target amount by at least 10 percent, the amount of SEC. 7179. DIRECTION OF SAVINGS TO HOSPITAL cost reporting period, increased by the appli- INSURANCE TRUST FUND. cable percentage increase under subpara- the payment with respect to such operating graph (B)(ii) for that later cost reporting pe- costs payable under part A on a per dis- Section 1841 (42 U.S.C. 1395t) is amended by riod. charge or per admission basis (as the case adding at the end the following new sub- ‘‘(ii) Notwithstanding subsection (a), in the may be) shall be equal to the sum of— section: case of a hospital (or unit) that did not have ‘‘(i) the target amount, plus ‘‘(j) There are hereby appropriated for each a cost reporting period beginning on or be- ‘‘(ii) an additional amount equal to 50 per- fiscal year to the Federal Hospital Insurance fore October 1, 1990— cent of the amount by which the operating Trust Fund amounts equal to the estimated ‘‘(I) with respect to cost reporting periods costs exceed 110 percent of the target savings to the general fund of the Treasury beginning during the hospital’s first fiscal amount (except that such additional amount for such year resulting from the provisions year of operation, the amount of payments may not exceed 20 percent of the target of and amendments made by the Medicare that may be made under this title with re- amount) after any exceptions or adjustments Improvement and Solvency Protection Act spect to operating costs of inpatient hospital are made to such target amount for the cost of 1995. The Secretary of the Treasury shall services (as defined in subsection (a)(4)) shall reporting period. from time to time transfer from the general be the reasonable costs for providing such ‘‘(B) In no case may the amount payable fund of the Treasury to the Federal Hospital services, except that such amount may not under this title (other than on the basis of a Insurance Trust Fund amounts equal to such exceed 150 percent of the national average al- DRG prospective payment rate determined estimated savings in the form of public-debt under subsection (d)) with respect to operat- lowable operating costs of inpatient hospital obligations issued exclusively to the Federal ing costs of inpatient hospital services ex- services for a hospital (or unit) of the same Hospital Insurance Trust Fund.’’. ceed the maximum amount payable with re- grouping as such hospital for the hospital’s spect to such costs pursuant to subsection PART II—SKILLED NURSING FACILITIES first fiscal year of operation; (a).’’. ‘‘(II) with respect to cost reporting periods SEC. 7181. PROSPECTIVE PAYMENT FOR SKILLED (e) FLOORS AND CEILINGS FOR TARGET beginning during the hospital’s second fiscal NURSING FACILITIES. AMOUNTS.—Section 1886(b)(3)(A) (42 U.S.C. year of operation, the amount determined Section 1888 (42 U.S.C. 1395yy) is amended 1395ww(b)(3)(A)), as amended by subsection under subclause (I), increased by the market by adding at the end the following new sub- (a), is amended by adding at the end the fol- basket percentage increase for such year (de- sections: lowing new clauses: termined under subparagraph (B)(iii); and ‘‘(ii) Notwithstanding clause (i), in the case ‘‘(e) Notwithstanding any other provision ‘‘(III) with respect to succeeding cost re- of a hospital (or unit thereof)— of this title, the Secretary shall, for cost re- porting periods, clause (i) shall apply to such ‘‘(I) the target amount determined under porting periods beginning on or after October hospital except that the ‘target amount’ for this subparagraph for such hospital or unit 1, 1996, provide for payment for routine costs such hospital shall be the average allowable for a cost reporting period beginning during of extended care services in accordance with operating costs of inpatient hospital services a fiscal year shall not be less than 70 percent a prospective payment system established by (as defined in subsection (a)(4)) recognized of the national mean (weighted by caseload) the Secretary, subject to the limitations in under this title for the hospital for the hos- of the target amounts determined under this subsections (f) through (h). pital’s 2 12-month cost reporting periods be- paragraph for all hospitals (and units there- ‘‘(f)(1) The amount of payment under sub- ginning 1 year after the hospital accepts its of) of such grouping for cost reporting peri- section (e) shall be determined on a per diem first patient.’’. ods beginning during such fiscal year (deter- basis. (b) NON-PPS HOSPITAL PAYMENT UPDATE.— mined without regard to this clause); and ‘‘(2) The Secretary shall compute the rou- Section 1886(b)(3)(B)(ii) (42 U.S.C. ‘‘(II) such target amount may not be great- tine costs per diem in a base year (deter- 1395ww(b)(3)(B)(ii)) is amended— er than 130 percent of the national mean mined by the Secretary) for each skilled (1) in subclause (V)— (weighted by caseload) of the target amounts nursing facility, and shall update the per (A) by striking ‘‘1997’’ and inserting ‘‘1995’’; for such hospitals (and units thereof) of such diem rate on the basis of a market basket and grouping for cost reporting periods beginning and other factors as the Secretary deter- (B) by striking ‘‘and’’ at the end; and during such fiscal year.’’. mines appropriate. (2) by striking subclause (VI) and inserting (f) EFFECTIVE DATE.—The amendment ‘‘(3) The per diem rate applicable to a the following subclauses: made by this section shall apply to dis- skilled nursing facility may not exceed the ‘‘(VI) for fiscal year 1996, the market bas- charges occurring during cost reporting peri- following limits: ket percentage increase minus 2 percentage ods beginning on or after October 1, 1995. ‘‘(A) With respect to skilled nursing facili- points for hospitals located in all areas, SEC. 7176. PPS-EXEMPT CAPITAL PAYMENTS. ties located in rural areas, the limit shall be ‘‘(VII) for fiscal years 1997 through 2002, the Section 1886(g) (42 U.S.C. 1395ww(g)) is equal to 112 percent of the mean per diem market basket percentage increase minus 1.0 amended by adding at the end the following routine costs in a base year (determined by percentage point for hospitals located in a new paragraph: the Secretary) for freestanding skilled nurs- large urban or other urban area, and the ‘‘(4) In determining the amount of the pay- ing facilities located in rural areas within market basket percentage increase minus 0.5 ments that may be made under this title the same region, as updated by the same per- percentage point for hospitals located in a with respect to all the capital-related costs centage determined under paragraph (2). rural area, and of inpatient hospital services furnished dur- ‘‘(B) With respect to skilled nursing facili- ‘‘(IX) for fiscal year 2003 and each subse- ing fiscal years 1996 through 2005 of a hos- ties located in urban areas, the limit shall be quent fiscal year, the market basket per- pital which is not a subsection (d) hospital or equal to 112 percent of the mean per diem centage increase for hospitals in all areas.’’. a subsection (d) Puerto Rico hospital, the routine costs in a base year (determined by (c) EXCEPTIONS AND ADJUSTMENTS.—Sec- Secretary shall reduce the amounts of such tion 1886(b)(4)(A)(i) (42 U.S.C. the Secretary) for freestanding skilled nurs- payments otherwise determined under this ing facilities located in urban areas within 1395ww(b)(4)(A)(i)) is amended by striking title by 15 percent.’’. the first sentence and inserting the follow- the same region, updated by the same per- SEC. 7177. PROHIBITION OF PPS EXEMPTION FOR centage determined under paragraph (2). ing: ‘‘The Secretary shall provide for an ex- NEW LONG-TERM HOSPITALS. emption from, or an exception and adjust- ‘‘(C) With respect a skilled nursing facility Section 1886(d)(1)(B)(iv) (42 U.S.C. that does not have a base year (determined ment to, the method under his subsection for 1395ww(d)(1)(B)(iv)) is amended by striking determining the amount of payment to a by the Secretary under subparagraph (A) or ‘‘25 days’’ and inserting ‘‘25 days and which (B)), the limit for such facility for cost re- hospital with respect to the hospital’s 12- received payment under this section on or month cost reporting period beginning in a porting periods (or portions of cost reporting before November 30, 1995’’. periods) beginning prior to October 1, 1998, fiscal year where the hospital’s allowable op- SEC. 7178. REVISION OF DEFINITION OF TRANS- erating costs of inpatient hospital services shall be equal to 100 percent of the mean FERS FROM HOSPITALS TO POST- costs of freestanding skilled nursing facili- recognized under this title for the hospital’s ACUTE FACILITIES. ties located in rural or urban areas (as appli- 12-month cost reporting period beginning in (a) IN GENERAL.—Section 1886(d)(5)(I) (42 cable). the preceding fiscal year, exceeds the hos- U.S.C. 1395ww(d)(5)(I)) is amended by adding pital’s target amount (as determined under at the end the following new clause: For purposes of this paragraph, the terms subparagraph (A)) for such cost reporting pe- ‘‘(iii) Effective for discharges occurring on ‘urban’, ‘rural’, and ‘region’ have the mean- riod by at least 50 percent.’’. or after October 1, 1995, transfer cases (as ing given such terms in section 1886(d)(2)(D). November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16551 ‘‘(4)(A) Subject to subparagraph (B), the ing HCPCS codes, if applicable) on the facili- (B) for 1996, the Secretary shall use the same Secretary may not make adjustments or ex- ty’s cost reports’’. percentage increase for all categories of ceptions to the limits determined under SEC. 7182. MAINTAINING SAVINGS RESULTING service, determined in a budget-neutral man- paragraph (3). FROM TEMPORARY FREEZE ON PAY- ner, weighting the percentage increase for ‘‘(B) For periods prior to October 1, 1998, a MENT INCREASES FOR SKILLED each of the 3 categories of service by the facility’s payment for routine costs shall be NURSING FACILITIES. category’s respective share of expenditures. the greater of— (a) BASING UPDATES TO PER DIEM COST LIM- The update determined in the previous sen- ‘‘(i) the facility’s limit as of the date of the ITS ON LIMITS FOR FISCAL YEAR 1993.— tence shall be reduced by 0.8 percentage enactment of the Medicare Improvement and (1) IN GENERAL.—The last sentence of sec- points for all physicians’ services, except for Solvency Protection Act of 1995; or tion 1888(a) (42 U.S.C. 1395yy(a)) is amended primary care services (as defined in section ‘‘(ii) the regional limit determined under by adding at the end the following: ‘‘(except 1842(i)(4)’’. that such updates may not take into account this paragraph (3) (including any exception SEC. 7185. PRACTICE EXPENSE RELATIVE VALUE amounts that were in effect in the base any changes in the routine service costs of UNITS. skilled nursing facilities occurring during year), updated in accordance with paragraph (a) EXTENSION TO 1997.—Section cost reporting periods which began during (2). 1848(c)(2)(E) is amended— fiscal year 1994 or fiscal year 1995).’’. ‘‘(C) The Secretary shall not provide for (1) by striking ‘‘and’’ at the end of clause (2) NO EXCEPTIONS PERMITTED BASED ON new provider exemptions under this sub- (i)(II), AMENDMENT.—The Secretary of Health and section under section 413.30(e)(2) of title 42 of (2) by striking the period at the end of Human Services shall not consider the the Code of Federal Regulations and shall clause (i)(III) and inserting ‘‘, and’’, and amendment made by paragraph (1) in mak- not include such exemption amounts deter- (3) by adding at the end the following new ing any adjustments pursuant to section mined in the base year for purposes of sub- subclause: 1888(c) of the Social Security Act. paragraph (B)(ii). ‘‘(IV) 1997, by an additional 25 percent of (b) PAYMENTS DETERMINED ON PROSPECTIVE ‘‘(1) In the case of a skilled nursing facility such excess.’’ BASIS.—Any change made by the Secretary which received an adjustment to the facili- (b) CHANGE IN FLOOR ON REDUCTIONS AND ty’s limit in the base year (determined by of Health and Human Services in the amount of any prospective payment paid to a skilled SERVICES COVERED.—Clauses (ii) and (iii)(II) the Secretary under paragraph (3)), the facil- of section 1848(c)(2)(E) are amended by in- ity shall receive an adjustment to the limit nursing facility under section 1888(d) of the Social Security Act for cost reporting peri- serting ‘‘(or 115 percent in the case of 1997)’’ determined under paragraph (3) for a fiscal after ‘‘128 percent’’. year if the magnitude and scope of the case ods beginning on or after October 1, 1995, SEC. 7186. CORRECTION OF MVPS UPWARD BIAS. mix or circumstances resulting in the base may not take into account any changes in (a) IN GENERAL.—Section 1848(f)(2)(A)(iv) year adjustment are at least as great for the costs of services occurring during cost (42 U.S.C. 1395w–4(f)(2)(A)(iv)) is amended by such fiscal year. reporting periods which began during fiscal striking ‘‘including changes in law and regu- ‘‘(g)(1) In the case of a hospital-based year 1994 or fiscal year 1995. lations affecting the percentage increase de- skilled nursing facility receiving payments SEC. 7183. CONSOLIDATED BILLING. scribed in clause (i)’’ and inserting ‘‘exclud- under this title as of the date of enactment (a) REQUIREMENT OF ARRANGEMENTS.—Sec- ing anticipated responses to such changes’’. of this subsection, the amount of payment to tion 1862(a) (42 U.S.C. 1395y(a)) is amended— (b) REPEAL OF RESTRICTION ON MAXIMUM the facility based on application of sub- (1) by striking ‘‘or’’ at the end of paragraph REDUCTION.—Section 1848(d)(3)(B)(ii) (42 sections (e) and (f) may not be less than the (14); U.S.C. 1395w–4(d)(3)(B)(ii)) is amended— per diem rate applicable to the facility for (2) by striking the period at the end of (1) in the heading by inserting ‘‘IN CERTAIN routine costs on the date of enactment of paragraph (15) and inserting the following: YEARS’’ AFTER ‘‘ADJUSTMENT’’; this subsection. ‘‘(16) which are other than physicians’ (2) in the matter preceding subclause (I), ‘‘(2) In the case of a skilled nursing facility services, services described by clauses (i) or by striking ‘‘for a year’’; receiving payment under subsection (d) as of (ii) of section 1861(s)(2)(K), certified nurse- (3) in subclause (II), by striking ‘‘and’’; and the date of enactment of this subsection, midwife services, qualified psychologist serv- (4) in subclause (III), by striking ‘‘any suc- such facility may elect, in lieu of payment ices, or services of a certified registered ceeding year’’ and inserting ‘‘1995, 1996, and otherwise determined under this section for nurse anesthetist, and which are furnished to 1997’’. routine service costs, to receive payments an individual who is a resident of a skilled (c) EFFECTIVE DATE.—The amendments under this section in an amount equal to a nursing facility by an entity other than the made by this section shall apply with respect rate equal to 100 percent of the mean routine skilled nursing facility, unless the services to performance standard rates of increase de- service costs of free standing skilled nursing are furnished under arrangements (as defined termined for fiscal year 1996 and succeeding facilities by rural or urban area, as applica- in section 1861(w)(1)) with the entity made by fiscal years. ble. the skilled nursing facility.’’. ‘‘(h) The Secretary shall, for cost reporting (b) AGREEMENTS WITH PROVIDERS OF SERV- SEC. 7187. LIMITATIONS ON PAYMENT FOR PHYSI- periods beginning on or after October 1, 1996, ICES.—Section 1866(a)(1)(H) (42 U.S.c. CIANS’ SERVICES FURNISHED BY 1395cc(a)(1)(H)) is amended— HIGH-COST HOSPITAL MEDICAL and before the prospective payment system STAFFS. is established under subsection (i), the Sec- (1) by redesignating clauses (i) and (ii), as (a) IN GENERAL.— retary shall not provide for payment for an- subclauses (I) and (II), respectively; (1) LIMITATIONS DESCRIBED.—Part B of title cillary costs of extended care services in ac- (2) by inserting ‘‘(i)’’ after ‘‘(H)’’; and XVIII, is amended by inserting after section cordance with section 1861(v) in excess of the (3) by adding at the end the following new 1848 the following new section: amount that would be paid under the fee clause: schedules applicable to such services under ‘‘(ii) in the case of skilled nursing facilities ‘‘LIMITATIONS ON PAYMENT FOR PHYSICIANS’ sections 1834 and 1848. which provide services for which payment SERVICES FURNISHED BY HIGH-COST HOSPITAL ‘‘(i)(1) Notwithstanding any other provi- may be made under this title, to have all MEDICAL STAFFS items and services (other than physicians sion of this title, the Secretary shall, for ‘‘SEC. 1849. (a) SERVICES SUBJECT TO REDUC- services, and other than services described cost reporting periods beginning on or after TION.— by sections 1861(s)(2)(K) (i) or (ii), certified October 1, 1998, provide for payment for all ‘‘(1) DETERMINATION OF HOSPITAL-SPECIFIC nurse-midwife services, qualified psycholo- costs of extended care services (including PER ADMISSION RELATIVE VALUE.—Not later routine service costs, ancillary costs, and gist services, or services of a certified reg- than October 1 of each year (beginning with capital-related costs) in accordance with a istered nurse anesthetist— 1997), the Secretary shall determine for each prospective payment system established by ‘‘(I) that are furnished to an individual hospital— the Secretary. who is a resident of the skilled nursing facil- ‘‘(A) the hospital-specific per admission ‘‘(2)(A) Prior to implementing the prospec- ity, and relative value under subsection (b)(2) for the tive system described in paragraph (1) in a ‘‘(II) for which the individual is entitled to following year; and budget-neutral fashion, the Secretary shall have payment made under this title, fur- ‘‘(B) whether such hospital-specific rel- reduce by 5 percent the per diem rates for nished by the skilled nursing facility or oth- ative value is projected to exceed the allow- routine costs, and the cost limits for ancil- erwise under arrangements (as defined in able average per admission relative value ap- lary services and capital for skilled nursing section 1861(w)(1)) made by the skilled nurs- plicable to the hospital for the following facilities as such rates and costs are in effect ing facility,’’. year under subsection (b)(1). (c) EFFECTIVE DATE.—The amendments on September 30, 1998. ‘‘(2) REDUCTION FOR SERVICES AT HOSPITALS made by this section shall apply to services ‘‘(B) Subject to the reduction under sub- EXCEEDING ALLOWABLE AVERAGE PER ADMIS- furnished on or after October 1, 1996. paragraph (B), the Secretary shall establish SION RELATIVE VALUE.—If the Secretary de- the prospective payment system described in Subchapter B—Provisions Relating to Part B termines (under paragraph (1)) that a medi- paragraph (1) such that aggregate payments SEC. 7184. PHYSICIAN UPDATE FOR 1996. cal staff’s hospital-specific per admission rel- under such system for a fiscal year shall not (a) SPECIAL RULE FOR 1996.—Section ative value for a year (beginning with 1998) is exceed the payments that would have other- 1848(d)(3) is amended by adding at the end projected to exceed the allowable average wise been made for such fiscal year. the following new subparagraph: per admission relative value applicable to ‘‘(j) Each skilled nursing facility shall be ‘‘(C) SPECIAL RULE FOR 1996.—In determin- the medical staff for the year, the Secretary required to include uniform coding (includ- ing the update under subparagraphs (A) and shall reduce (in accordance with subsection S 16552 CONGRESSIONAL RECORD — SENATE November 1, 1995

(c)) the amount of payment otherwise deter- The adjustment for teaching status or dis- ‘‘(3) MEDICAL EXECUTIVE COMMITTEE OF A mined under this part for each physician’s proportionate share shall not be less than HOSPITAL.—Each medical executive commit- service furnished during the year to an inpa- zero. tee of a hospital whose medical staff is pro- tient of the hospital by an individual who is ‘‘(c) AMOUNT OF REDUCTION.—The amount jected to exceed the allowable relative value a member of the hospital’s medical staff. of payment otherwise made under this part per admission for a year, shall have one year ‘‘(3) TIMING OF DETERMINATION; NOTICE TO for a physician’s service that is subject to a from the date of notification that such medi- HOSPITALS AND CARRIERS.—Not later than Oc- reduction under subsection (a) during a year cal staff is projected to exceed the allowable tober 1 of each year (beginning with 1997), shall be reduced 15 percent, in the case of a relative value per admission to designate a the Secretary shall notify the medical execu- service furnished by a member of the medi- fiduciary agent for the medical staff to re- tive committee of each hospital (as set forth cal staff of the hospital for which the Sec- ceive and disburse any appropriate withhold in the Standards of the Joint Commission on retary determines under subsection (a)(1) amount made by the carrier. the Accreditation of Health Organizations) that the hospital medical staff’s projected ‘‘(4) ALTERNATIVE REIMBURSEMENT TO MEM- of the determinations made with respect to relative value per admission exceeds the al- BERS OF STAFF.—At the request of a fiduciary the medical staff under paragraph (1). lowable average per admission relative agent for the medical staff, if the fiduciary ‘‘(b) DETERMINATION OF ALLOWABLE AVER- value. agent for the medical staff is owed the reim- AGE PER ADMISSION RELATIVE VALUE AND ‘‘(d) RECONCILIATION OF REDUCTIONS BASED bursement described in paragraph (2)(B) for HOSPITAL-SPECIFIC PER ADMISSION RELATIVE ON HOSPITAL-SPECIFIC RELATIVE VALUE PER excess reductions in payments during a year, VALUES.— ADMISSION WITH ACTUAL RELATIVE VALUES.— the Secretary shall make such reimburse- ‘‘(1) ALLOWABLE AVERAGE PER ADMISSION ‘‘(1) DETERMINATION OF ACTUAL AVERAGE ment to the members of the hospital’s medi- RELATIVE VALUE.— PER ADMISSION RELATIVE VALUE.—Not later cal staff, on a pro-rata basis according to the ‘‘(A) URBAN HOSPITALS.—In the case of a than October 1 of each year (beginning with proportion of physicians’ services furnished hospital located in an urban area, the allow- 1999), the Secretary shall determine the ac- to inpatients of the hospital during the year able average per admission relative value es- tual average per admission relative value (as that were furnished by each member of the tablished under this subsection for a year is determined pursuant to section 1848(c)(2)) for medical staff. equal to 125 percent (or 120 percent for years the physicians’ services furnished by mem- ‘‘(e) DEFINITIONS.—In this section, the fol- after 1999) of the median of 1996 hospital-spe- bers of a hospital’s medical staff to inpa- lowing definitions apply: cific per admission relative values deter- tients of the hospital during the previous ‘‘(1) MEDICAL STAFF.—An individual fur- mined under paragraph (2) for all hospital year, on the basis of claims for payment for nishing a physician’s service is considered to medical staffs. such services that are submitted to the Sec- be on the medical staff of a hospital— ‘‘(B) RURAL HOSPITALS.—In the case of a retary not later than 90 days after the last ‘‘(A) if (in accordance with requirements hospital located in a rural area, the allow- day of such previous year. The actual aver- for hospitals established by the Joint Com- able average per admission relative value es- age per admission shall be adjusted by the mission on Accreditation of Health Organiza- tablished under this subsection for 1998 and appropriate case-mix, disproportionate share tions)— each succeeding year, is equal to 140 percent factor, and teaching factor for the hospital ‘‘(i) the individual is subject to bylaws, of the median of the 1996 hospital-specific medical staff (as determined by the Sec- rules, and regulations established by the hos- per admission relative values determined retary under subsection (b)(2)(C)). Notwith- pital to provide a framework for the self-gov- under paragraph (2) for all hospital medical standing any other provision of this title, no ernance of medical staff activities; staffs. payment may be made under this part for ‘‘(ii) subject to such bylaws, rules, and reg- ‘‘(2) HOSPITAL-SPECIFIC PER ADMISSION REL- any physician’s service furnished by a mem- ulations, the individual has clinical privi- ATIVE VALUE.— ber of a hospital’s medical staff to an inpa- leges granted by the hospital’s governing ‘‘(A) IN GENERAL.—The hospital-specific per tient of the hospital during a year unless the body; and admission relative value projected for a hos- hospital submits a claim to the Secretary for ‘‘(iii) under such clinical privileges, the in- pital (other than a teaching hospital) for a payment for such service not later than 90 dividual may provide physicians’ services calendar year, shall be equal to the average days after the last day of the year. independently within the scope of the indi- per admission relative value (as determined ‘‘(2) RECONCILIATION WITH REDUCTIONS vidual’s clinical privileges, or under section 1848(c)(2)) for physicians’ serv- TAKEN.—In the case of a hospital for which ‘‘(B) if such physician provides at least one ices furnished to inpatients of the hospital the payment amounts for physicians’ serv- service to a medicare beneficiary in such by the hospital’s medical staff (excluding in- ices furnished by members of the hospital’s hospital. terns and residents) during the second cal- medical staff to inpatients of the hospital ‘‘(2) RURAL AREA; URBAN AREA.—The terms endar year preceding such calendar year, ad- were reduced under this section for a year— ‘rural area’ and ‘urban area’ have the mean- justed for variations in case-mix and dis- ‘‘(A) if the actual average per admission ing given such terms under section proportionate share status among hospitals relative value for such hospital’s medical 1886(d)(2)(D). (as determined by the Secretary under sub- staff during the year (as determined by the ‘‘(3) TEACHING HOSPITAL.—The term ‘teach- paragraph (C)). Secretary under paragraph (1)) did not ex- ing hospital’ means a hospital which has a ‘‘(B) SPECIAL RULE FOR TEACHING HOS- ceed the allowable average per admission rel- teaching program approved as specified in PITALS.—The hospital-specific relative value ative value applicable to the hospital’s medi- section 1861(b)(6).’’. projected for a teaching hospital in a cal- cal staff under subsection (b)(1) for the year, (2) CONFORMING AMENDMENTS.—(A) Section endar year shall be equal to the sum of— the Secretary shall reimburse the fiduciary 1833(a)(1)(N) (42 U.S.C. 1395l(a)(1)(N)) is ‘‘(i) the average per admission relative agent for the medical staff by the amount by amended by inserting ‘‘(subject to reduction value (as determined under section 1848(c)(2)) which payments for such services were re- under section 1849)’’ after ‘‘1848(a)(1)’’. for physicians’ services furnished to inpa- duced for the year under subsection (c), in- (B) Section 1848(a)(1)(B) (42 U.S.C. 1395w– tients of the hospital by the hospital’s medi- cluding interest at an appropriate rate deter- 4(a)(1)(B)) is amended by striking ‘‘this sub- cal staff (excluding interns and residents) mined by the Secretary; section,’’ and inserting ‘‘this subsection and during the second year preceding such cal- ‘‘(B) if the actual average per admission section 1849,’’. endar year; and relative value for such hospital’s medical (b) REQUIRING PHYSICIANS TO IDENTIFY HOS- ‘‘(ii) the equivalent per admission relative staff during the year is less than 15 percent- PITAL AT WHICH SERVICE FURNISHED.—Sec- value (as determined under section 1848(c)(2)) age points above the allowable average per tion 1848(g)(4)(A)(i) (42 U.S.C. 1395w– for physicians’ services furnished to inpa- admission relative value applicable to the 4(g)(4)(A)(i)) is amended by striking ‘‘bene- tients of the hospital by interns and resi- hospital’s medical staff under subsection ficiary,’’ and inserting ‘‘beneficiary (and, in dents of the hospital during the second year (b)(1) for the year, the Secretary shall reim- the case of a service furnished to an inpa- preceding such calendar year, adjusted for burse the fiduciary agent for the medical tient of a hospital, report the hospital iden- variations in case-mix, disproportionate staff, as a percent of the total allowed tification number on such claim form),’’. share status, and teaching status among hos- charges for physicians’ services performed in (c) EFFECTIVE DATE.—The amendments pitals (as determined by the Secretary under such hospital (prior to the withhold), the dif- made by this section shall apply to services subparagraph (C)). The Secretary shall deter- ference between 15 percentage points and the furnished on or after January 1, 1998. mine such equivalent relative value unit per actual number of percentage points that the SEC. 7188. ELIMINATION OF CERTAIN ANOMALIES admission for interns and residents based on staff exceeds the limit allowable average per IN PAYMENTS FOR SURGERY. the best available data for teaching hospitals admission relative value, including interest (a) GENERAL RULE.— and may make such adjustment in the aggre- at an appropriate rate determined by the (1) Part B of title XVIII is amended by in- gate. Secretary; and serting after section 1846 the following sec- DJUSTMENT FOR TEACHING AND DIS- ‘‘(C) A ‘‘(C) if the actual average per admission tion: PROPORTIONATE SHARE HOSPITALS.—The Sec- relative value for such hospital’s medical retary shall adjust the allowable per admis- staff during the year exceeded the allowable ‘‘ELIMINATION OF CERTAIN ANOMALIES IN sion relative values otherwise determined average per admission relative value applica- PAYMENTS FOR SURGERY under this paragraph to take into account ble to the hospital’s medical staff by 15 per- ‘‘SEC. 1847. (a) IN GENERAL.—Payment the needs of teaching hospitals and hospitals centage points or more, none of the withhold under this part for surgical services (as de- receiving additional payments under sub- is paid to the fiduciary agent for the medical fined by the Secretary under section paragraphs (F) and (G) of section 1886(d)(5). staff. 1848(j)(1)), when a separate payment is also November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16553

made for the services of a physician or physi- EASE.—Section 1862(b)(1)(C) (42 U.S.C. For purposes of determining payment under cian assistant acting as an assistant at sur- 1395y(b)(1)(C)) is amended— clause (iv), the limit shall be calculated gery, may not (except as provided by sub- (1) in the first sentence, by striking ‘‘12- through a blend of 75 percent of the agency- section (b)), when added to the separate pay- month’’ each place it appears and inserting specific cost or utilization experience in 1994 ment made for the services of that other ‘‘30-month’’, and with 25 percent of the national or census re- practitioner, exceed the amount that would (2) by striking the second sentence. gion cost or utilization experience in 1994, or be paid for the surgical services if a separate PART II—HOME HEALTH AGENCIES the Secretary’s best estimates thereof.’’. payment were not made for the services of SE OF NTERIM INAL EGULATIONS SEC. 7189B. INTERIM PAYMENTS FOR HOME (d) U I F R .— that other practitioner. HEALTH SERVICES. The Secretary shall implement the payment ‘‘(b) ESTABLISHMENT OF EXCEPTIONS.—The (a) REDUCTIONS IN COST LIMITS.—Section limits described in section 1861(v)(1)(L)(iv) of Secretary may specify surgery procedures or 1861(v)(1)(L)(i) (42 U.S.C. 1395x(v)(1)(L)(i)) is the Social Security Act by publishing in the situations to which subsection (a) shall not amended— Federal Register a notice of interim final apply.’’. (1) by inserting ‘‘and before October 1, payment limits by August 1, 1996 and allow- (2) Section 1848(g)(2)(D) is amended by in- 1996,’’ after ‘‘July 1, 1987’’ in subclause (III), ing for a period of public comments thereon. serting ‘‘(or the lower amount determined (2) by striking the period at the end of the Payments subject to these limits will be ef- under section 1847)’’ after ‘‘subsection (a)’’. matter following subclause (III), and insert- fective for cost reporting periods beginning (b) EFFECTIVE DATE.—The amendments ing ‘‘, and’’, and on or after October 1, 1996, without the ne- made by subsection (a) apply to services fur- (3) by adding at the end the following new cessity for consideration of comments re- nished after calendar year 1995. subclause: ceived, but the Secretary shall, by Federal SEC. 7189. UPGRADED DURABLE MEDICAL EQUIP- ‘‘(IV) October 1, 1996, 105 percent of the me- Register notice, affirm or modify the limits MENT. dian of the labor-related and nonlabor per after considering those comments. Section 1834(a) (42 U.S.C. 1395m(a)) is visit costs for freestanding home health (e) STUDIES.—The Secretary shall expand amended by inserting after paragraph (15) agencies.’’. research on a prospective payment system the following new paragraph: (b) DELAY IN UPDATES.—Section for home health agencies that shall tie pro- ‘‘(16) CERTAIN UPGRADED ITEMS.— 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) spective payments to an episode of care, in- ‘‘(A) INDIVIDUAL’S RIGHT TO CHOOSE UP- is amended by striking ‘‘July 1, 1996’’ and in- cluding an intensive effort to develop a reli- GRADED ITEM.—Notwithstanding any other serting ‘‘October 1, 1996’’. able case mix adjuster that explains a sig- provision of law, effective on the date on (c) ADDITIONS TO COST LIMITS.—Section nificant amount of the variances in costs. which the Secretary issues regulations under 1861(v)(1)(L) (42 U.S.C. 1395x(v)(1)(L)) is The Secretary shall develop such a system subparagraph (C), an individual may pur- amended by adding at the end the following for implementation in fiscal year 2000. chase or rent from a supplier an item of up- new clauses: (f) SUBMISSION OF DATA FOR CASE-MIX SYS- graded durable medical equipment for which ‘‘(iv) For services furnished by home TEM.—Effective for cost reporting periods be- payment would be made under this sub- health agencies for cost reporting periods be- ginning on or after October 1, 1998, the Sec- section if the item were a standard item. ginning on or after October 1, 1996, the Sec- retary shall require all home health agencies ‘‘(B) PAYMENTS TO SUPPLIER.—In the case retary shall provide for an interim system of to submit such additional information as the of the purchase or rental of an upgraded item limits. Payment shall be the lower of— Secretary may deem necessary for the devel- under subparagraph (A)— ‘‘(I) costs determined under the preceding opment of a reliable case-mix adjuster. ‘‘(i) the supplier shall receive payment provisions of this subparagraph, or SEC. 7189C. PROSPECTIVE PAYMENTS. under this subsection with respect to such ‘‘(II) an agency-specific per beneficiary an- item as if such item were a standard item; Title XVIII is amended by adding at the nual limit calculated from the agency’s 12- end the following new section: and month cost reporting period ending on or ‘‘(ii) the individual purchasing or renting after January 1, 1994 and on or before Decem- ‘‘PROSPECTIVE PAYMENT FOR HOME HEALTH the item shall pay the supplier an amount ber 31, 1994 based on reasonable costs (includ- SERVICES equal to the difference between the suppli- ing nonroutine medical supplies), updated by ‘‘SEC. 1893. (a) Notwithstanding section er’s charge and the amount under clause (i). the home health market basket index. The 1861(v), the Secretary shall, for cost report- In no event may the supplier’s charge for an per beneficiary limitation shall be multi- ing periods beginning on or after fiscal year upgraded item exceed the applicable fee plied by the agency’s unduplicated census 2000, provide for payments for home health schedule amount (if any) for such item. count of medicare patients for the year sub- services in accordance with a prospective ‘‘(C) CONSUMER PROTECTION SAFEGUARDS.— ject to the limitation. The limitation shall payment system, which pays home health The Secretary shall issue regulations provid- represent total medicare reasonable costs di- agencies on a per episode basis, established ing for consumer protection standards with vided by the unduplicated census count of by the Secretary. respect to the furnishing of upgraded equip- medicare patients. ‘‘(b) Such a system shall include the fol- ment under subparagraph (A). Such regula- ‘‘(v) For services furnished by home health lowing: tions shall provide for— agencies for cost reporting periods beginning ‘‘(1) All services covered and paid on a rea- ‘‘(i) determination of fair market prices on or after October 1, 1996, the following sonable cost basis under the medicare home with respect to an upgraded item; rules shall apply: health benefit as of the date of the enact- ‘‘(ii) full disclosure of the availability and ‘‘(I) For new providers and those providers ment of the Medicare Improvement and Sol- price of standard items and proof of receipt without a 12-month cost reporting period vency Protection Act of 1995, including medi- of such disclosure information by the bene- ending in calendar year 1994, the per bene- cal supplies, shall be subject to the per epi- ficiary before the furnishing of the upgraded ficiary limit shall be equal to the mean of sode amount. In defining an episode of care, item; these limits (or the Secretary’s best esti- the Secretary shall consider an appropriate ‘‘(iii) conditions of participation for suppli- mates thereof) applied to home health agen- length of time for an episode, the use of serv- ers in the simplified billing arrangement; cies as determined by the Secretary. Home ices, and the number of visits provided with- ‘‘(iv) sanctions of suppliers who are deter- health agencies that have altered their cor- in an episode, potential changes in the mix mined to engage in coercive or abusive prac- porate structure or name may not be consid- of services provided within an episode and tices, including exclusion; and ered new providers for payment purposes. their cost, and a general system design that ‘‘(v) such other safeguards as the Secretary ‘‘(II) For beneficiaries who use services fur- will provide for continued access to quality determines are necessary.’’. nished by more than one home health agen- services. The per episode amount shall be Subchapter C—Provisions Relating to Parts cy, the per beneficiary limitations shall be based on the most current audited cost re- A and B prorated among agencies. port data available to the Secretary. PART I—SECONDARY PAYOR ‘‘(vi) Home health agencies whose cost or ‘‘(2) The Secretary shall employ an appro- SEC. 7189A. EXTENSION AND EXPANSION OF EX- utilization experience is below 125 percent of priate case mix adjuster that explains a sig- ISTING MEDICARE SECONDARY the mean national or census region aggre- nificant amount of the variation in cost. PAYOR REQUIREMENTS. gate per beneficiary cost or utilization expe- ‘‘(3) The episode payment amount shall be (a) DATA MATCH.— rience for 1994, or best estimates thereof, and adjusted annually by the home health mar- (1) Section 1862(b)(5)(C) (42 U.S.C. whose year-end reasonable costs are below ket basket index. The labor portion of the 1395y(b)(5)(C)) is amended by striking clause the agency-specific per beneficiary limit, episode amount shall be adjusted for geo- (iii). shall receive payment equal to 50 percent of graphic differences in labor-related costs (2) Section 6103(l)(12) of the Internal Reve- the difference between the agency’s reason- based on the most current hospital wage nue Code of 1986 is amended by striking sub- able costs and its limit for fiscal years 1996, index. paragraph (F). 1997, 1998, and 1999. Such payments may not ‘‘(4) The Secretary may designate a pay- (b) APPLICATION TO DISABLED INDIVIDUALS exceed 5 percent of an agency’s aggregate ment provision for outliers, recognizing the IN LARGE GROUP HEALTH PLANS.—Section medicare reasonable cost in a year. need to adjust payments due to unusual vari- 1862(b)(1)(B)(iii) (42 U.S.C. 1395y(b)(1)(B)(iii)) ‘‘(vii) Effective January 1, 1997, or as soon ations in the type or amount of medically is amended by striking ‘‘and before October as feasible, the Secretary shall modify the necessary care. 1, 1998’’. agency-specific per beneficiary annual limit ‘‘(5) A home health agency shall be respon- (c) EXPANSION OF PERIOD OF APPLICATION described in clause (iv) to provide for re- sible for coordinating all care for a bene- TO INDIVIDUALS WITH END-STAGE RENAL DIS- gional or national variations in utilization. ficiary. If a beneficiary elects to transfer to, S 16554 CONGRESSIONAL RECORD — SENATE November 1, 1995 or receive services from, another home the issue of campaign finance reform is with regard to this issue. I have been health agency within an episode period, the one that is very important to the very pleased with the quick response episode payment shall be prorated between American people and becomes more im- from various Senators on signing on to home health agencies.’’. ‘‘(c) Prior to implementing the prospective portant almost on a daily basis. this bill. Week by week, we have added system described in subsections (a) and (b) in I wish to emphasize, after having new people. a budget-neutral fashion, the Secretary shall been through this issue for a number of I also want to note the editorial en- first reduce, by 15 percent, the cost limits, years, that if the issue is not biparti- dorsements that the Senator from Ari- per beneficiary limits, and actual costs, de- san, then there will be no resolution to zona alluded to. The Feingold-McCain– scribed in section 1861(v)(1)(L)(iv), as such the campaign finance reform issue. And Thompson bill has been endorsed by limits are in effect on September 30, 1999.’’. I worry sometimes that this legislation the New York Times, the Washington SEC. 7189D. MAINTAINING SAVINGS RESULTING may tilt to one side or the other. That FROM TEMPORARY FREEZE ON PAY- Post, Los Angeles Times, Dallas Morn- MENT INCREASES. is why the Senator from Wisconsin and ing News, Milwaukee Journal, St. (a) BASING UPDATES TO PER VISIT COST I have tried to maintain a balance as Louis Post-Dispatch, Kansas City Star, LIMITS ON LIMITS FOR FISCAL YEAR 1993.—Sec- far as cosponsors are concerned. Houston Chronicle, Nashville Ten- tion 1861(v)(1)(L)(iii) (42 U.S.C. If there is one lesson about reform in nessean, the Boston Globe, and many 1395x(v)(1)(L)(iii)) is amended by adding at this body, and reform in the way we do others. Of course, this was added to the end the following sentence: ‘‘In estab- business not only inside the Congress last week in addition by the endorse- lishing limits under this subparagraph, the but in the way we conduct our cam- Secretary may not take into account any ment of Ross Perot, who has indicated changes in the costs of the provision of serv- paigns, it is that any reform must be a lot of support on this issue. ices furnished by home health agencies with done on a bipartisan basis. I urge my Today, the addition of the support of colleagues who have similar ideas—I respect to cost reporting periods which Senator BOB KERREY of Nebraska and began on or after July 1, 1994, and before understand there are at least about 40 Senator DODD of Connecticut helps us July 1, 1996.’’. or 50 other campaign reform proposals move in that direction. (b) NO EXCEPTIONS PERMITTED BASED ON now floating around—they engage it on AMENDMENT.—The Secretary of Health and a bipartisan basis, in which I and my It takes about 100 steps to pass this Human Services shall not consider the friend from Wisconsin would be glad to bill. It is a complicated, very con- amendment made by subsection (a) in mak- troversial bill that has been a knotty ing any exemptions and exceptions pursuant join them. Mr. President, I yield the floor. problem for the Congress for many to section 1861(v)(1)(L)(ii) of the Social Secu- years, but I think we have taken about rity Act. f 25 or 35 of those steps already. These SEC. 7189E. ELIMINATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH MEASURE PLACED ON endorsements are very important AGENCIES. CALENDAR—S. 1372 today. (a) IN GENERAL.—Section 1815(e)(2) (42 The PRESIDING OFFICER. Pursuant Senator DODD’s response at the news U.S.C. 1395g(e)(2)) is amended— conference to the question of, ‘‘Why do (1) by inserting ‘‘and’’ at the end of sub- to rule XIV of the Standing Rules of paragraph (C); the Senate, the clerk will read S. 1372 you think this bill has a chance of ac- (2) by striking subparagraph (D); and for a second time. tually passing?’’ was right on target. (3) by redesignating subparagraph (E) as The assistant legislative clerk read The fact that this bill has Republican subparagraph (D). as follows. and Democrat cosponsors and rep- (b) EFFECTIVE DATE.—The amendments resents the first truly bipartisan bill, made by subsection (a) shall apply to pay- A bill (S. 1372) to amend the Social Secu- rity Act to increase the earnings limit, and the first truly bipartisan bill in nearly ments made on or after October 1, 1999. 10 years, automatically makes this ef- SEC. 7189F. EFFECTIVE DATE. for other purposes. Except as otherwise specifically provided, The PRESIDING OFFICER. Is there fort different, dramatically different the amendments made by this subtitle shall objection to further proceeding? than past efforts. apply to items and services provided on or Mr. LOTT. Mr. President, I object. Senator BOB KERREY of Nebraska after October 1, 1995. The PRESIDING OFFICER. Objec- also made an excellent point about no- Amend the table of contents for title VII tion is heard. The bill will be placed on body understanding the need for reform accordingly. the Legislative Calendar. better than those of us who are charged Mr. CRAIG addressed the Chair. f with the responsibility of raising these The PRESIDING OFFICER. The Sen- awful amounts of money. So this is ator from Idaho. CAMPAIGN FINANCE REFORM progress. (The remarks of Mr. CRAIG pertaining to the introduction of S. 1374 are lo- Mr. FEINGOLD. Mr. President, I I want to emphasize what the Sen- cated in today’s RECORD under ‘‘State- would like to strongly associate myself ator from Arizona did. It is only ments on Introduced Bills and Joint with the remarks of the Senator from progress in the context of a continued Resolutions.’’) Arizona with regard to the recent news bipartisan effort. If either party thinks Mr. MCCAIN addressed the Chair. on our efforts on campaign finance re- they can gain political advantage by The PRESIDING OFFICER. The Sen- form. turning this into a partisan issue, all ator from Arizona. Last week, we were extremely they will succeed in doing is killing f pleased to see a bipartisan group in the this effort. House essentially agree to introduce This effort can win. There is every CAMPAIGN FINANCE REFORM the kind of legislation that the Senator sign that it will win and that the Presi- Mr. MCCAIN. Mr. President, today, from Arizona and I have proposed. dent would be willing to sign it. With two of our colleagues on the other side Today, we are also pleased by the an- that caveat, with that effort to make of the aisle, Senators DODD and nouncement of the support by the sure that this is a continuation of the KERREY, held a press conference en- chairman of the Democratic National effort of bipartisanship, I welcome dorsing legislation that Senator Committee and the chairman of the their support, and I look forward to FEINGOLD and I and Senator THOMPSON Democratic Senatorial Campaign Com- further support from Members on both and others introduced some time ago. mittee. sides of the aisle. This follows on the heels of an an- We are not so excited about the fact I thank the Senator from Arizona nouncement in the other body by Con- that these people happen to be leaders and the Chair, and I yield the floor. in the Democratic Party—that is gresswoman SMITH and Congressman The PRESIDING OFFICER. Who good—but the more important thing is MARKEY of Massachusetts and Con- seeks recognition? gressman SHAYS of support for this leg- that it is another sign of the impor- islation as well, including announce- tance and the value of the bipartisan Mr. FEINGOLD. Mr. President, I sug- ment by the Speaker of the House that nature of this proposal. gest the absence of a quorum. hearings would begin on the issue of The House proposal last week was bi- The PRESIDING OFFICER. The campaign finance reform. partisan. Adding these two Senators to clerk will call the roll. Mr. President, I welcome all of these this group makes it another significant The assistant legislative clerk pro- initiatives and support. I believe that step in bringing both parties together ceeded to call the roll. November 1, 1995 CONGRESSIONAL RECORD — SENATE S 16555

Mr. LUGAR. Mr. President, I ask FEINGOLD, FEINSTEIN, GORTON, GRAHAM, vember, Americans typically remember unanimous consent that the quorum HATCH, INHOFE, INOUYE, JEFFORDS, a special time in our history when the call be dispensed with. KASSEBAUM, KEMPTHORNE, KENNEDY, J. American Indians and English settlers The PRESIDING OFFICER. Without KERRY, LAUTENBERG, LEVIN, celebrated and gave thanks for the objection, it is so ordered. LIEBERMAN, MIKULSKI, MOSELEY- bounty of their harvests and the prom- The Senator from Indiana. BRAUN, MURRAY, NICKLES, PELL, PRES- ise of new kinships. I think the month Mr. LUGAR. I would like to proceed SLER, REID, SARBANES, SIMON, SIMPSON, of November is, therefore, an appro- in morning business, Mr. President. SPECTER, STEVENS, THOMAS, THURMOND, priate time for America to commemo- The PRESIDING OFFICER. Without and WELLSTONE. rate and recognize the first Americans. objection, it is so ordered. Since 1982, the Congress has honored Therefore, I ask you to join me in (The remarks of Mr. LUGAR pertain- American Indians by designating a spe- this special tribute to the American In- ing to the introduction of S. 1377 are cial day or week to pay tribute to the dian people of this country. They de- located in today’s RECORD under many outstanding contributions that serve special recognition for their sig- ‘‘Statements on Introduced Bills and American Indian tribes have made to nificant contributions to our great Na- Joint Resolutions.’’) our Nation. In the past 5 years, the tion. Senate and the House have jointly des- Mr. LUGAR. Mr. President, I yield Mr. President, I urge immediate ignated the month of November as a the floor, and I suggest the absence of adoption of the resolution. a quorum. time to celebrate the unique culture The PRESIDING OFFICER (Mr. and heritage of American Indian peo- Mr. LUGAR. Mr. President, I ask unanimous consent that the resolution GRAMS). The clerk will call the roll. ple. The assistant legislative clerk pro- Mr. President, there are 557 federally be agreed to; that the preamble be ceeded to call the roll. recognized Indian tribal governments agreed to; that the motion to recon- Mr. LUGAR. Mr. President, I ask in this country, each with their own sider be laid upon the table; and that unanimous consent that the order for distinct language, culture, and tradi- any statements relating to the resolu- the quorum call be rescinded. tions. All of us as Americans reap the tion appear at the appropriate place in The PRESIDING OFFICER. Without benefits from many of these tribes’ the RECORD. objection, it is so ordered. contributions, customs, and teachings. The PRESIDING OFFICER. Without f Many of the principles of democracy objection, it is so ordered. that are reflected in the U.S. Constitu- So the resolution (S. Res. 191) was ORDER FOR MEASURE TO BE tion were drawn from the govern- agreed to. PLACED ON CALENDAR—H.R. 2492 mental traditions of various American The preamble was agreed to. Mr. LUGAR. Mr. President, I ask Indian tribes, particularly the fun- The resolution, with its preamble, is unanimous consent that H.R. 2492, the damental principles of freedom of as follows: speech and separation of powers in gov- legislative branch appropriations bill, S. RES. 191 be placed on the calendar when re- ernment. Environmentalists embrace Whereas American Indians were the origi- ceived from the House. the spiritual and practical teachings of Indian people because of their deep- nal inhabitants of the land that now con- The PRESIDING OFFICER. Without stitutes the United States of America; objection, it is so ordered. rooted beliefs and reverence for the natural world. Whereas American Indian governments de- f Many of our words in the English veloped the fundamental principles of free- language derive from native languages, dom of speech and separation of powers in MEASURE INDEFINITELY POST- government, and these principles form the PONED—SENATE RESOLUTION 168 including those that denote rivers, foundation of the United States Government cities and, counties nationwide. The today; Mr. LUGAR. Mr. President, I ask beautiful art, crafts, and jewelry of unanimous consent that calendar No. Whereas American Indian societies have American Indian tribes are a distinc- exhibited a respect for the finiteness of natu- 183, Senate Resolution 168, be indefi- tive feature of our American heritage. ral resources through deep respect for the nitely postponed. A wide range of modern medicines earth, and these values continue to be widely f and remedies derive from traditional held today; American Indian healing practices that Whereas American Indian people have NATIONAL AMERICAN INDIAN use natural herbs and plants. Indian served with valor in all wars from the Revo- HERITAGE MONTH people have lent important findings to lutionary War to the conflict in the Persian Gulf, often in a percentage well above the Mr. LUGAR. Mr. President, I ask the fields of agriculture, anthropology, unanimous consent that the Senate percentage of American Indians in the popu- astronomy, and other sciences. lation of the United States as a whole; proceed to the immediate consider- In proportion to their share of the Whereas American Indians have made dis- ation of Senate Resolution 191, submit- overall population, more American In- tinct and important contributions to Amer- ted earlier today by Senator MCCAIN. dians have dedicated their lives to the ica and the rest of the world in many fields, The PRESIDING OFFICER. The military defense of our country than including agriculture, medicine, music, lan- clerk will report. have any other group of Americans. guage, and art; The legislative clerk read as follows: The special designation of November Whereas American Indians deserve to be A resolution (S. Res. 191) designating the as American Indian Heritage Month is recognized for their individual contributions month of November 1995 as ‘‘National Amer- equally important as an educational to American society as artists, sculptors, ican Indian Heritage Month,’’ and for other tool for America’s children. American musicians, authors, poets, artisans, sci- purposes. Indians and many others utilize this entists, and scholars; The PRESIDING OFFICER. Is there time to share their special cultural Whereas a resolution and proclamation as requested in this resolution will encourage objection to the immediate consider- heritage with the larger world. self-esteem, pride, and self-awareness in ation of the resolution? Schools, educational institutions, and American Indians of all ages; and There being no objection, the Senate teachers take advantage of this oppor- Whereas November is traditionally the proceeded to consider the resolution. tunity to include educational activities month when American Indians have har- Mr. MCCAIN. Mr. President, on be- and events in their curriculum and vested their crops and is generally a time of half of myself and the following 51 Sen- school activities that celebrate the celebration and giving thanks: Now, there- ators, I am pleased to submit today a many contributions and achievements fore, be it Senate resolution to designate the of American Indians. Federal agencies, Resolved, That the Senate designates No- month of November, 1995 as American various organizations, and private vember 1995 as ‘‘National American Indian Indian Heritage Month: BAUCUS, BEN- businesses plan activities geared to- Heritage Month’’ and requests that the President issue a proclamation calling on NETT, BINGAMAN, BRADLEY, BREAUX, ward educating the public and their Federal, State, and local governments, inter- BROWN, BRYAN, BURNS, CAMPBELL, employees about American Indian his- ested groups and organizations, and the peo- CHAFEE, COCHRAN, COHEN, CONRAD, tory and culture. ple of the United States to observe the CRAIG, D’AMATO, DASCHLE, DODD, DO- Mr. President, around the Thanks- month with appropriate programs, cere- MENICI, DORGAN, EXON, FAIRCLOTH, giving holiday that occurs each No- monies, and activities. S 16556 CONGRESSIONAL RECORD — SENATE November 1, 1995 The PRESIDING OFFICER. Without a period for the transaction of morning the intention of the majority leader to objection, it is so ordered. business until 12 noon, with Senators turn to consideration of S. 1372, regard- permitted to speak up to 5 minutes f ing the Social Security earnings limit. each, with the following exceptions: Also, the majority leader has indicated ORDERS FOR THURSDAY, Senator MURKOWSKI is designated for 20 the Senate may consider the legisla- NOVEMBER 2, 1995 minutes; Senator BINGAMAN for 20 min- tive branch appropriations bill during utes; Senator HATCH for 15 minutes; Thursday’s session of the Senate. Mr. LUGAR. Mr. President, I ask Senator DASCHLE, or his designee, for f unanimous consent that when the Sen- 30 minutes; Senator THOMAS for 30 min- ate completes its business today, it utes; Senator MCCONNELL for 10 min- ADJOURNMENT UNTIL 9:30 A.M. stand in adjournment until the hour of utes and Senator ROCKEFELLER for 10 TOMORROW 9:30 a.m. on Thursday, November 2; minutes. that following the prayer, the Journal The PRESIDING OFFICER. Without Mr. LUGAR. Mr. President, if there of proceedings be deemed approved to objection, it is so ordered. be no further business to come before date, no resolutions come over under f the Senate, I now ask unanimous con- the rule, the call of the calendar be dis- sent that the Senate stand in adjourn- pensed with, the morning hour be PROGRAM ment under the previous order. deemed to have expired, the time for Mr. LUGAR. Mr. President, for the There being no objection, the Senate, the two leaders be reserved for their information of all Senators, at approxi- at 6:06 p.m., adjourned until Thursday, use later in the day, and there then be mately 12 noon on Thursday, it will be November 2, 1995, at 9:30 a.m. November 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2083 EXTENSIONS OF REMARKS

THE COMPREHENSIVE LONG-TERM- purchase of long-term care insurance will not industry as he concludes his tenure as presi- CARE ACT OF 1995 be subject to taxation. These bold changes dent of the Indiana Statewide Association of will go a long way toward lowering future Fed- Rural Electric Cooperatives, Inc. HON. DOUGLAS ‘‘PETE’’ PETERSON eral expenditures on public long-term care In December Mr. Webb will complete his OF FLORIDA programs by ensuring that the number of second year as president of the Indiana State- IN THE HOUSE OF REPRESENTATIVES Americans with private long-term-care insur- wide Association. He has had a long and dis- ance is greatly expanded. tinguished career with Indiana's electric coop- Wednesday, November 1, 1995 These incentives for the purchase of private erative industry. He has been a member of the Mr. PETERSON of Florida. Mr. Speaker, in long-term care insurance assure that public Clark County REMC board since 1973 and a recent weeks, much has been said in this funds for Medicaid are directed at those who director of Indiana Statewide since 1988. He Congress about deficit reduction. Integrated need them the mostÐthose who cannot afford served as the association's's secretary-treas- into the debate on balancing the Federal to pay for themselves. The new State funding urer from 1989 to 1991 and as its vice presi- budget is the fate of two of the most important distribution formula will also ensure that every dent from 1991 to 1993. social programs this Nation has ever created: State receives an equitable amount of Federal Mr. Webb is dedicated in all his efforts to Medicare and Medicaid. Tens of millions of funding based on the State's number of eligi- the betterment of rural Indiana and has made Americans rely on at least one of these pro- ble beneficiaries and ability to match the Fed- a difference in the lives of those in his com- grams, and in many cases both, to meet even eral share. munity and throughout the State. He is charter their most basic health care needs. It is my hope that the introduction of this bill president and lifetime member of the New Unfortunately, the skyrocketing cost of will help move the debate about how to lower Washington Optimist Club. He is past elder health care in this country, coupled with Amer- the cost of Medicare and Medicaid in the di- and member of the board of trustees for the ica's changing demographics, has caused a rection of serious reformÐnot arbitrary cuts. I Trinity United Presbyterian Church in New dramatic and unsustainable growth in the cost encourage my colleagues to join me in this ef- Washington. He participates in a number of of these programs. It is simply indisputable fort. events which benefit local charities and is es- that we can never make more than a dent in f pecially proud of his work for the Center for the budget deficit facing our children unless Lay Ministries in Jeffersonville. The center of- we seriously address reform of our health care TRIBUTE TO RICHARD C. fers a food pantry for the needy and provides system. Clearly, Medicare and Medicaid need BRAMWELL vouchers for people who cannot pay their bills. reform now. Joe Webb has been a leader and a model Some in this Chamber seem to believe they HON. EDOLPHUS TOWNS citizen. He is richly deserving of the praise have a quick and easy solution to the prob- OF NEW YORK and recognition of his fellow Hoosiers. lems confronting these programs. However, IN THE HOUSE OF REPRESENTATIVES f many of us here in this body understand in our hearts that there is no easy solution. Our Wednesday, November 1, 1995 PRESIDENT CLINTON AGREES choices are difficult, and many are politically Mr. TOWNS. Mr. Speaker, I am pleased to WITH REPUBLICANS ON CRACK unpopular. Simply making draconian cuts in recognize the accomplishments and contribu- COCAINE Medicare in order to meet arbitrarily chosen tions of Richard Bramwell, president, CEO, budget targets is not sound policy, nor is and cofounder of Shinda Management Corp., HON. GERALD B.H. SOLOMON packaging Medicaid up into a block grant and a Queens-based real estate management OF NEW YORK shipping it off to the States. company. IN THE HOUSE OF REPRESENTATIVES For this reason, I am today introducing the Mr. Bramwell is directly responsible for Comprehensive Long-Term Care Act of 1995. building a business that employs in excess of Wednesday, November 1, 1995 This bill compliments H.R. 2071, the Health 40 employees. His company provides man- Mr. SOLOMON. Mr. Speaker, after 3 years Care Improvement Act, which I introduced in agement and accounting services for over President Clinton finally did something right in July of this year. That bill, which makes sen- 3,000 residential apartment units. Shinda Man- the war on drugs. Yesterday he signed into sible reforms to the American health care sys- agement Corp. has specialized in the manage- law legislation denying the Sentencing Com- tem and the acute care side of Medicaid, cur- ment of large multifamily housing develop- mission's recommendation on crack cocaine. rently has 14 cosponsors. ments, and has developed a stellar reputation President Clinton reaffirmed that offenses in- The Long-Term Care Act makes bold re- as specialists in workout and other distressed volving crack cocaine deserve more severe forms to the long-term care side of Medicaid properties. punishment than those involving powder co- by adding a new home- and community-based Mr. Bramwell earned a bachelor's degree caine. program, and expanding eligibility those with from Hofstra University and is a New York Failure to reject the Sentencing Commis- incomes up to 100 percent of the Federal pov- State real estate broker. He is a certified pub- sion's proposal would have led to an increase erty level. The nursing home and institutional lic housing manager and a member of the in the use of crack and an increase in the portion of the Medicaid Program will be similar New York Association of Realty Managers and number of people addicted to crack cocaine. to the current Medicaid Program, with eligibility the National Association of Housing and Re- Today in the United States, according to the expanded to those with incomes up to 100 development Officials. I am pleased to high- Partnership for a Drug Free America, one out percent of poverty. Also, improvements are light the accomplishments of Mr. Richard of every 10 babies born in the United States made with regard to the financial and disability Bramwell. is born addicted to drugs, and most are ad- eligibility determination criteria for all bene- f dicted to crack cocaine. ficiaries, as well as in the asset spend-down I agree with some of what has been said protections and personal needs allowance. A TRIBUTE TO JOE J. WEBB about the equal treatment of crack and pow- Importantly, this bill also contains unprece- der cocaine, but instead of lowering the pen- dented tax relief for the purchase of private HON. LEE H. HAMILTON alties for crack offenses, as the Sentencing long-term care insurance. Under the Com- OF INDIANA Commission proposes, we should simply in- prehensive Long-Term Care Act, private long- IN THE HOUSE OF REPRESENTATIVES crease the punishment for powder offenses to term care insurance premiums are tax-deduct- the same level as crack cocaine. ible, and employer-provided long-term care in- Wednesday, November 1, 1995 In the 1980's, the crack epidemic dev- surance is excluded from an employee's tax- Mr. HAMILTON. Mr. Speaker, I rise to pay astated American cities, causing the twin prob- able income. And funds drawn from a retiree's tribute to Joe J. Webb for his leadership and lems of addiction and drug-dealing crime. IRA or 401(k) trust plan that are used for the commitment to Indiana's electric cooperative Crime skyrocketed between 1985 and 1990,

∑ 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. E 2084 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1995 the years crack was introduced. In fact, violent agencies in New York City, and only about INCOME INEQUALITY crime went up 37 percent in 1990 and aggra- 650 organizations in the United States and vated assaults increased 43 percent. Because Canada. HON. LEE H. HAMILTON of crack cocaine, more teens in this country In addition to his executive role with OF INDIANA now die of gunshot wounds than all natural HeartShare, Mr. Guarinello is chairman of IN THE HOUSE OF REPRESENTATIVES causes combined. Brooklyn's Community Board 11. He volun- Wednesday, November 1, 1995 The Congress, in the 1980's, reacted prop- teers his leadership experience to many orga- erly to the crack epidemic gripping vulnerable nizations, including the Interagency Council of Mr. HAMILTON. Mr. Speaker, I am inserting inner-city communities. We saw the destruc- Developmental Disabilities Agencies; Brooklyn my Washington Report for Wednesday, No- tion wrought on entire communities by this Boro Wide Council; New York State Council of vember 1, 1995 into the CONGRESSIONAL cheap and highly addictive form of cocaine. Voluntary Family and Child Care Agencies; RECORD: This time President Clinton did the right thing National Conference of Catholic Charities; and INCOME INEQUALITY IN AMERICA and decided that crack offenses ought to be National Council of Family Relations. Over the past several years it has become punished more severely than powder offenses clear that we have an economy in which in- He is a frequent speaker on urban family is- because of the increased violence and crime come inequality has been worsening—the sues before civic and business groups, and associated with crack. rich in America have been getting richer and colleges and universities. He has often been the poor have been getting poorer. The fig- f interviewed by the media on children and fam- ures are worrisome, but what is even more TRIBUTE TO SENECA COUNTY 4–H ily developments, including a feature by worrisome is that the current budget propos- Crain's New York Business. als moving through Congress would aggra- CAMP vate this trend. Mr. Guarinello is a graduate of The Institute GROWING INEQUALITY for Not-for-Profit Management, Graduate HON. PAUL E. GILLMOR Certainly there is nothing wrong with School of Business at Columbia University, OF OHIO some people making more than others based and was awarded a Certificate of Completion IN THE HOUSE OF REPRESENTATIVES upon different levels of work and skill. But in Financial Management from the Wharton in recent years the U.S. has become one of Wednesday, November 1, 1995 School, University of Pennsylvania. He re- the most, if not the most, economically Mr. GILLMOR. Mr. Speaker, I rise today to ceived an A.A. in Psychology from St. Francis stratified of all the industrialized nations. pay tribute to a group of volunteers who un- College, and an M.S. degree in Counseling The gap between the rich and the poor in the selfishly contributed their talents to the Seneca Psychology from Southeastern University. U.S. is well above that in Canada and Britain and twice as bad as in Germany. County, Ohio 4±H Camp this past August. Mr. Guarinello has made great contributions After years of little change, income in- The time and effort required to run a suc- to his community and our country. His civic- equality since the 1970s has gotten progres- cessful 4±H camp is immense. The staff and minded approach has added to a better quality sively worse. Those in the bottom fifth have senior counselors worked long hours and of life in our neighborhoods. Together, with the seen no improvement at all; indeed their real made great sacrifices for the benefit of the Board of Directors, staff, clients, friends, and family income is slightly lower than it was community. In particular I would like to recog- family, I congratulate Mr. Guarinello for his 25 25 years ago. A recent study found that a nize senior counselors Joann Piper, Kim years of service and dedication to the Brook- larger proportion of children in the U.S. are poor than in the other industrialized na- Reinhart, Holly Wright, Melissa Lambert, Mike lyn community. Rainey, and Jeremy Harrison and staff mem- tions. Meanwhile, people at the top have f done very well. More than three-quarters of bers Ann Golden, Cathy Margraf, Brad Boes the additional income generated during the and Christa Gittinger. Together they created TRIBUTE TO CARMEN A. PACHECO 1980s went to the top 20% of families. The top an exceptional educational opportunity for fifth now receives half of total household in- Seneca County. come, a record high. Twenty years ago, for I have often spoken to my colleagues here HON. EDOLPHUS TOWNS example, a corporate CEO’s income was 35 in the House of Representatives about the times greater than his average worker’s in- strength of character that can be found in the OF NEW YORK come; today it is 150 times greater. Many factors may have been involved in IN THE HOUSE OF REPRESENTATIVES cities of northwest Ohio. A strong 4±H club is this trend of growing income inequality— a source of deserved pride for those who par- Wednesday, November 1, 1995 technology in the workplace, lagging produc- ticipate and is an invaluable part of the com- tivity, changing labor markets, inter- munity. Mr. TOWNS. Mr. Speaker, it is my pleasure national trade, the 1980s tax cuts for well-to- I ask my colleagues to join me today in hon- to introduce to my colleagues, Carmen A. do Americans, and the rise in the stock mar- oring these individuals for their efforts and Pacheco, a native of Brooklyn. She is the ket—and we can debate which of these fac- commending them on the wonderful example founding member of Pacheco & Lugo, Attor- tors are the most important. But what is be- they have set for others. yond debate is whether this basic shift has neys at Law, the first Hispanic women-owned occurred. f law firm in New York. GINGRICH BUDGET PROPOSALS TRIBUTE TO WILLIAM Ms. Pacheco has an impressive academic Yet against this backdrop the budget plan GUARINELLO portfolio. She received her law degree from St. put forward by House Speaker Newt Gingrich John's University School of Law, and her would make this trend worse—giving more bachelor's degree from City University of New to the rich and taking away more from mod- HON. SUSAN MOLINARI York. erate-income Americans. The majority of the Gingrich tax cuts OF NEW YORK Her varied professional career includes work IN THE HOUSE OF REPRESENTATIVES would go to families making over $100,000 a as an attorney on Wall Street. Ms. Pacheco year. His tax plan, for example, makes deep Wednesday, November 1, 1995 has amassed considerable expertise by pro- cuts in capital gains taxes for the well-to-do. Ms. MOLINARI. Mr. Speaker, tonight, viding corporate services to multimillion and At the same time, 50% of his spending cuts Wednesday, November 1, 1995, a special billion dollar companies such as Trans- for individuals would come from programs event will take place in New York City. Mr. america, and the United States Trust Com- for the bottom fifth. Deep cuts are made in health and nursing home care for the elderly; Guarinello, a Brooklyn resident, is celebrating pany of New York to name a few. Carmen is a multitalented professional who takes im- student loans and veterans benefits are his 25 years of service with HeartShare. scaled back; and reductions in the Earned In- Mr. Guarinello is responsible for current mense pride in her work. come Tax Credit mean a tax increase that HeartShare services and new program devel- Ms. Pacheco has been lauded for her pro- hurts low-income workers. opment. He works with city, State, and Fed- fessional and community work. She is active Particularly worrisome is that Speaker eral officer, voluntary agencies, and commu- in the New York State Bar Executive Commit- Gingrich wants to cut deeply not just health nity organizations in making services available tee Association on Federal and Commercial but also education and training programs— the very programs that mean greater oppor- and accessible to people in need of help. Litigation. She is also a member of the Puerto tunity and help those on the lower rungs of Under his leadership HeartShare has been ac- Rican Bar Association, and the Hispanic Na- society get a leg up and improve their future credited by the Council on Accreditation of tional Bar Association. It is my distinct honor job and income prospects. Most economists Services for Families and Children, Inc. This to recognize Ms. Pacheco for her sterling con- would agree that what we should be doing highly respected rank is held by less than 10 tributions. now is increasing programs for youth job November 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2085 training, student loans, school-to-work tran- THE UNITED NATIONS: 50 YEARS TAKE A LOOK AT THE CUSHY LIFE OF U.N. STAFFERS sition, vocational and adult education, and OF MISMANAGEMENT [The table below compares the annual salary and benefits of a New York the like—but these are targeted for deep cuts City-based U.N. employee with kids to those of his non-U.N. counterpart.] by Speaker Gingrich. Job Salary Vacation Housing subsidy Education LOOKING AT OVERALL IMPACT HON. GERALD B.H. SOLOMON grant Certainly some aspects of the Speaker’s OF NEW YORK U.N. mid- $84,500 30 days 80% of rent pay- $12,675 per level ac- ments exceeding child tax-free budget package are reasonable. Reducing the IN THE HOUSE OF REPRESENTATIVES countant. 26% of salary. deficit and bringing the budget into balance Average 41,964 16 days None ...... None is clearly a good idea, and several of the spe- mid- Wednesday, November 1, 1995 level ac- cific items in his overall package make countant. sense, such as selling off unneeded govern- U.N. com- 111,500 30 days 80% of rent pay- 12,675 per Mr. SOLOMON. Mr. Speaker, it has come to puter ments exceeding child tax-free ment assets and trimming congressional pen- my attention that the United Nations has been analyst. 26% of salary. sions. Average 56,836 18 days None ...... None spending money more carelessly than even com- I also don’t want to suggest that we should the spend thrift Democratic Congresses of the puter analyst. be anti-rich or that we should protect every past 40 years. The United Nation's own in- program for the poor. Various federal pro- U.N. Assist- 190,250 30 days 80% of rent pay- 12,675 per spector general has found $16 million in waste ant Sec- ments exceeding child tax-free grams, no matter how well intentioned, have retary- 26% of salary. not worked, and we need to recognize that and fraud in this not-so-venerable organiza- General. New York 130,000 Not Housing provided None they need to be dropped or overhauled. tion. City specified by New York City. mayor. Taken one by one, some of the Gingrich In addition to the waste and fraud, the Unit- U.N. Sec- 344,200 Not Housing provided 12,675 per proposals do make sense and can be sup- ed Nations heaps lavish salaries and perks on retary- specified by U.N. child tax-free ported. But we need to look at the overall General. its employees. The average computer analyst U.S. Presi- 200,000 Not Housing provided None impact of his budget and tax policies taken at the United Nations, for example, makes dent. specified by the federal as an entirety. The clear impact is to give $111,500 per year, has 30 days paid vacation, government. more to those who already have a lot and to take away from struggling Americans. That receives a generous housing subsidy, and an f simply doesn’t make sense. It calls into education grant of $12,765 per child tax-free. question the basic fairness of government In addition they receive the most unbelievable TRIBUTE TO SHERIFF DAVID policy and aggravates one of the most worri- pension I have ever heard of: Employees con- GANGWER some trends in recent decades—the growing tribute 7.9 percent of their salary, while the income inequality between rich and poor. United Nations kicks in another 15.8 percent. HON. PAUL E. GILLMOR CONCERNS ABOUT INCOME INEQUALITY The pension plan can give entry-level staffers who work for 30 years nearly $2 million. OF OHIO This trend of worsening income inequality IN THE HOUSE OF REPRESENTATIVES is a concern for several reasons. For some perspective, Mr. Speaker, the av- Wednesday, November 1, 1995 First, it is divisive. When the gap between erage computer analyst in the New York area rich and poor grows too wide and increasing makes a whopping $54,664 less than his U.N. Mr. GILLMOR. Mr. Speaker, I rise today to numbers of people feel that America is no counterpart, with 12 days less vacation, and of pay tribute to an outstanding law enforcement longer a land of opportunity for them, the course, no housing subsidy nor education officer and citizen of Ohio. On November 15, social fabric of the country is at risk. Those grant. And to be candid, Mr. Speaker, the non- 1995, Sandusky County Sheriff David G. at the bottom may begin to feel they have U.N. computer analyst probably works a lot less of a stake in our society’s continuance. Gangwer will be sworn in as president of the Some have called the growing income in- harder. Why? Because the analyst in the pri- Buckeye State Sheriff's Association. This se- equality the greatest threat to America’s vate sector is determined to make a profit. lection is a tribute to all the talent, intellect, well-being. Second, it hinders economic The United Nations will have a much easier and hard work that have made Sheriff growth. As those less well-off get poorer and time obtaining payments from hard-working Gangwer an outstanding police officer and a fall father behind, that reduces their access American taxpayers once their salaries are tremendous example to others. to education and training and their opportu- In a time when Americans are deeply con- nities for improvement. And that in the end made comparable to those in the real world. I means that the nation as a whole is worse off would like to insert into the RECORD a recent cerned about the effects of crime on our soci- because growth of the U.S. economy is held article in Money magazine that discusses the ety, we owe a special debt of gratitude to peo- back by a less qualified workforce. I fre- cushy life of U.N. staffers. ple like David Gangwer who have bravely quently hear from Hoosier businesses that served on the front line in the fight against inadequately trained and educated workers IT’S THE U.N.’S 50TH BIRTHDAY, BUT ITS crime. Sheriff Gangwer has demonstrated a are a major impediment to growth and in- EMPLOYEES GET THE GIFTS remarkable dedication to performing his duties creased profits. Third, abandoning those less For months, the United Nations has been and obligations with the utmost efficiency and well-off just isn’t what America should be celebrating its 50th anniversary—the actual competence. As sheriff, he has placed the about. One of the things that impressed me date is Oct. 24—even as many Americans are wellbeing and safety of the community above most about the Pope’s recent visit to the blasting the organization for being a colossal U.S. was his challenge to Americans to be all else. waste of money. Critics might be even more more concerned about the poor. He wanted Time and time again, Sheriff Gangwer has disgusted if they knew just how much the to know if America is becoming less sen- been willing to take on the tough problems. U.N. spends to pamper its 14,380 employees, sitive and less caring toward the poor, the His fight against drug abuse has won acco- roughly one-third of whom work in New weak, and the needy—in short, less fair. York City. In addition to their pay, which is lades from all quarters. He has received com- CONCLUSION free of all taxes, and lavish perks (see the mendations from Ohio's Lieutenant Governor, table at right), U.N. workers have a generous the Veterans of Foreign Wars, and the U.S. President Clinton has vowed to veto the pension plan: All staffers contribute 7.9% of Department of Justice for his outstanding con- Gingrich proposals in their current form, so their salary, while the U.N. kicks in another tributions to law enforcement and his pioneer- there is some hope that they can be mod- 15.8%. That means many entry-level U.N. ing efforts in educating children to the perils of erated and the burdens and benefits shared staffers whose pay rises only as fast as infla- drug abuse. more fairly. Our government should help tion can retire in 30 years with $1.8 million, upper-income people do better but it should I can think of no better message to send assuming that the pension fund earns around also help lower- and moderate-income people than drug abuse prevention. I have often said 8% annually, according to Michael Chasnoff, do better too. Our nation’s strength does not that the best way to stop alcohol and drug a Cincinnati financial planner. At a 4% infla- lie just in the top 1% or 5% or 10% of Ameri- tion rate, that’s $558,533 in today’s dollars. abuse is through education. When all of our cans but in the top 100% of Americans. Every (Employees may take a lump sum or children get the message about the evil of American should have an equal chance at the drugs, America's future will be safer. starting line. We need to ensure the tradi- annuitize.) tional American promise that hard work will Here’s the icing on the birthday cake: I ask my colleagues to join me in paying be rewarded, opportunity will be promoted Shielded by diplomatic immunity from tribute to Sheriff Gangwer's record of personal for all, and mobility to move up the ladder niggling local laws, high-ranking U.N. offi- accomplishments and wishing him well in his will be sustained. That is what is right for cials enjoy what many New Yorkers consider position of president of the Buckeye State America and its future. the best perk of all: free parking. Sheriff's Association. E 2086 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1995 IN RECOGNITION OF NATIONAL This bill is strong reform. It places firm but top business leaders has to say about the ALZHEIMER’S DISEASE AWARE- reasonable limits on the amount of money benefits of diversity in today's economy. NESS MONTH candidates can spend on campaigns. In addi- NATIONAL HISPANIC CORPORATE COUNCIL tion, it bans soft money and leadership PAC's INSTITUTE—10TH ANNIVERSARY HON. JACK QUINN and deals responsibly with independent ex- (By Edward H. Rensi) OF NEW YORK penditures. Furthermore, it encourages small, On behalf of the McDonald’s family, I want to congratulate the National Hispanic Cor- IN THE HOUSE OF REPRESENTATIVES individual contributions. I am, however, opposed to one part of this porate Council on its ten-year anniversary; Wednesday, November 1, 1995 proposed legislation. There should be parity in thank you for your outstanding record in Mr. QUINN. Mr. Speaker, I rise today on the the restrictions imposed on large contributions bridging the private sector with the Hispanic market; and we applaud your foresight in es- 1st of November to recognize National Alz- and PAC contributions. Instead, this legislation tablishing the NHCC Institute. We are proud heimer's Disease Awareness Month. bans PAC contributions but allows large con- to be a charter member of the organization Alzheimer's is a neurological disorder that tributions to finance up to 25 percent of a can- and look forward to partnering with you to affects nearly 2 million Americans and is one didate's campaign. In the spirit of bipartisan- fulfill the mission of NHCC for many years of the primary causes of mental illness in the ship, PAC contributions should be treated to come. elderly. The affects of Alzheimer's disease in- similarly to large contributions. Perhaps the I also want to thank you for honoring one crease significantly with aging. Nobody is im- most important message we could take to the of our own—Olga Aros. The McDonald’s fam- mune to Alzheimer's, nor can anyone reduce American people is that we have a bipartisan ily knows what a special lady Olga is and how passionately she champions issues of their odds of acquiring it. All Americans are at bill. By treating large individual contributions concern and interest to the Hispanic commu- risk. differently from PAC contributions, we lose nity. And it is gratifying to see that an orga- Demographic projections indicate that the that message. I hope that as this legislation nization of your stature recognizes her com- number of Alzheimer's cases is expected to proceeds throughout the Congress, we will ad- mitment and dedication as well. So Olga, rise exponentially during the next several dec- dress this disparity. I am convinced that once congratulations from all your McFamily. ades. The current number of Americans age this inequity is resolved, the bill will receive I want to discuss with you today one of the 65 and over with Alzheimer's is 33.6 million, even stronger support. most important strategic business tools that but this statistic is expected to increase to corporate America has at its disposal to Mr. Speaker, I urge my colleagues to care- build new business. That tool is diversity. 70.2 million by the year 2030. fully review this legislation. I know that once I want to tell you how we define diversity The course of the disease is progressive they do, they will agree that this type of bipar- at McDonald’s, and irreversible, beginning with simple forget- tisan effort is the only way to achieve real How we use it as a business-building tool, fulness, followed by noticeable and severe campaign finance reform. And what each of us must do to ensure it remains a building block of our society just changes in memory and personality. Eventu- f ally, victims of Alzheimer's cannot care for as the founding fathers affirmed equality themselves, and life expectancy is usually re- TRIBUTE TO JEFFREY ZIFF into our Constitution and Bill of Rights. This is an issue of business, society and mo- duced. Although this disease was first discov- rality. ered in 1906 by the German physician Alios HON. EDOLPHUS TOWNS We find ourselves at a crossroads in our Alzheimer, the exact cause of the disease is OF NEW YORK country’s history. At a time when people of unknown. IN THE HOUSE OF REPRESENTATIVES different backgrounds and cultures play an Researchers are aggressively attempting to increasingly important role in all aspects of Wednesday, November 1, 1995 find out what causes Alzheimer's and how to our society, there are those who would turn effectively diagnose, treat, and prevent this Mr. TOWNS. Mr. Speaker, Jeffrey Ziff of my the clock back. And I find that unconscion- disorder. One emerging consensus among the district has distinguished himself as a member able and divisive. It runs counter to every- thing that our experiences at McDonald’s scientific community is that a principle goal of of the community and a practitioner in the have taught us and runs counter to my per- research efforts should be aimed at delaying legal field. He attended Fordham Law School sonal experiences. I’m proud of my Italian the onset of symptoms of aging-dependent and has served for many years as an arbitra- family and admire their hard work and self- disorders such as Alzheimer's disease. The tor in the small claims court in Kings County, determination. They built a better life in National Institute on Aging [NIA] of the Na- NY. America. I know you feel the same way tional Institutes of Health [NIH] is the Federal Mr. Ziff has been a pioneer in the field of about your families. That concept of diver- Government's lead agency for Alzheimer's re- vehicle and traffic law in New York City, and sity—of many different people contributing search. his expertise has proven to be especially help- to the common good—is what this country is ful to immigrants when they have had to con- all about. And when I hear people say that Mr. Speaker, I urge all of my colleagues to we should all speak one language, that we join with me in support of the efforts to over- tend with State and city agencies. should not teach cultural history in the come this devastating disease. A former teacher in the New York school schools or our homes, I find that extremely f system, he received his Teacher of the Year disturbing. To deny our multi-cultural herit- Award during his teaching tenure from 1968± age is to deny history and forfeit our future. H.R. 2566—THE BIPARTISAN 1971 at P.S. 138 in district 17, in Brooklyn. Social and market diversity are what CAMPAIGN FINANCE REFORM BILL Mr. Ziff and his wife reside in Brooklyn. The makes this country great. And if you don’t borough of Brooklyn has been enriched by his believe that, just try to imagine jazz, rhythm and blues without African-Ameri- HON. BENJAMIN L. CARDIN contributions. cans; Tejano music without Mexican-Ameri- OF MARYLAND f cans; or salsa without the blending of the IN THE HOUSE OF REPRESENTATIVES Americas. REMARKS OF EDWARD H. RENSI, I realize that I may be preaching to the Wednesday, November 1, 1995 PRESIDENT/C.E.O. MCDONALD’S choir. You wouldn’t be here today if you Mr. CARDIN. Mr. Speaker, I am very U.S.A. weren’t already believers in the value of di- pleased to be an original cosponsor of this bill versity. The people I really want to talk to and part of a true bipartisan effort to reform HON. ED PASTOR are those who are not here today. And what the way campaigns are financed. Such a com- I would tell them is that they are missing OF ARIZONA out on a great opportunity to align them- plex issue can only be responsibly addressed IN THE HOUSE OF REPRESENTATIVES selves with an ever-changing marketplace, of in a bipartisan fashion. We, the Members of Wednesday, November 1, 1995 which the Hispanic market is one of the the 104th Congress, have an opportunity to most dynamic. Say what you will about af- stop the erosion of public confidence in our Mr. PASTOR. Mr. Speaker, the other night firmative action, immigration, bilingual democratic system. I had the opportunity to attend the National education and other issues. At the end of the The skyrocketing cost of congressional cam- Hispanic Corporate Council Institute's 10th discussion, no company can ignore a market paigns, the influence of special interests year anniversary dinner. The featured speaker that is 30 million people strong with an an- through large contributions and political action of the evening was Edward H. Rensi, the nual purchasing power approaching $300 bil- lion. Those are numbers that represent value committees [PAC's], and the advantage of in- president and chief executive officer of and opportunity and that no company can cumbency in raising campaign funds in elec- McDonald's U.S.A. I found his remarks insight- ignore if they expect to remain competitive. tions must be addressed. This bill addresses ful, and I would encourage my colleagues to Let’s talk, then, about the many roles of all three issues. take the time to read what one of our Nation's diversity at McDonald’s. November 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2087 Diversity at McDonald’s is a tool that we since 1985. Just recently, RMCC acknowl- TRIBUTE TO M. ANN BELKOV use to strengthen our position as a global in- edged the good work of HACER with an addi- dustry leader. Diversity plays a major role in tional $1 million matching grant. our company’s growth, and by integrating HON. SUSAN MOLINARI These are just a few of the numbers that diversity throughout our business, we are OF NEW YORK exemplify our commitment to diversity and able to more effectively build market share, IN THE HOUSE OF REPRESENTATIVES the success of that strategy. But what’s customer satisfaction and profitability. As more compelling are the human stories of Wednesday, November 1, 1995 our society changes, we must incorporate Hispanic men and women within our system the diversity of our customers into every Ms. MOLINARI. Mr. Speaker, on Saturday, facet of our operations. whose diverse backgrounds and perspectives November 4, 1995, a special event will take contribute to our growth. Diversity is not just the right thing to do, place in New York City. Hundreds will gather or the altruistic thing to do—it’s the smart People like Eduardo Sanchez, who started at Ellis Island to honor M. Ann Belkov, Na- and business thing to do. If we can’t ration- as a restaurant crew member 20 years ago tional Park Service Superintendent of the Stat- alize diversity in our organizations on the and was recently appointed to oversee oper- ue of Liberty National Monument and Ellis Is- basis of moral justification, on the basis of ations throughout Latin America and the the Bill of Rights, or employee satisfaction, Caribbean. land. It is my pleasure to thank her for her then we better rationalize diversity on the stewardship of these unique American monu- basis of economic growth. People like franchisee Jose Canchola, who ments, the crown jewels of our Nation's history not only operates four restaurants with his At McDonald’s, we serve a diverse group of and eternal symbols to all the world of our customers who demand a diverse menu of family and is the former mayor of Nogales, but for the last 18 years has hosted an annual promise. products. And we understand that if we want Ms. Belkov, a Staten Islander, is retiring to win the business of those customers, we Christmas party for 2,000 underprivileged have to provide more than just great ham- Mexican children. after three-and-a-half decades of distinguished burgers and world class fries: we have to re- And people like Lupe Velasquez, who service with the National Park Service and the flect the image of our diverse customers in serves in the non-traditional female role of U.S. Department of the Interior. The grand- everything we do—from staffing to market- director of construction and helps to plan daughter of four Ellis Island immigrants from ing, franchising, business partnerships, and and build four to five hundred restaurants Russia and Poland, Ms. Belkov has brought community involvement. Because if we don’t every year. her heritage and her experience in culture look like our customers, talk like our cus- These are the kinds of people who make park management to the place where millions tomers and understand our customers, our of immigrants arrived on our shores to seek customers will become someone else’s cus- McDonald’s great. With stories and successes tomers. It’s that simple. like that, it’s hard to understand why any- freedom and opportunity. At McDonald’s, diversity goes beyond race one would question the value of diversity. Her career in recreational and historic park and gender. It means valuing and accepting There are many, many other examples of management includes superintendencies of unique abilities, perspectives, talents, back- achievement, dedication and pride that put a Jean Lafitte National Historical Park and Pre- grounds, and experiences. It means providing special shine on our arches and we’re proud serve in New Orleans, LA and Chickamauga- all individuals the opportunity to reach their of them all. Their stories speak well to the Chattanooga National Military Park in Georgia full potential while contributing to the fact that McDonald’s is an employer of op- and Tennessee. achievement of our corporate goals. And portunity. She was chief of interpretation and visitor that all comes together, it makes McDon- So what is our role—what can each of us do services at the National Visitors Center in ald’s richer both financially and culturally. to assure that we leverage and maximize di- The story of how we have incorporated di- Washington, DC., chief of recreation at the versity for the benefit of our entire country. versity into our competitive arsenal is one Golden Gate National Recreation Area in San I have three thoughts: we are especially proud of. We have institu- Francisco. In 1994, she represented the Unit- tionalized concepts and curriculum like First, we must speak up and speak out for ed States to the Australian Department of ‘‘managing diversity,’’ which teaches that diversity. We must reaffirm our commitment Conservation and Land Management and a specific skills are utilized and policies cre- and assume the responsibility of leaders. We fellow at Edith Cowan University in Perth. ated that get the best from every employee. know that erecting barriers between people National parks and historic monuments pre- And education like ‘‘valuing differences,’’ is not what this country is all about. The which places an emphasis on the apprecia- kind of divisiveness that I see cannot go un- serve our Nation's natural wonders and its tion of differences and creates an environ- answered. We must all do our part to share great past. Ms. Belkov has made many impor- ment where everyone feels valued and ac- our success stories and our triumps, and tant contributions to the people of our Nation cepted. These are simple, basic concepts that erase the spirit of negativity that is taking and visitors from throughout the world. She is we’ve had in our corporation many years, hold. an outstanding citizen and humanitarian, one and that support our business goals. Second, we must all make a personal com- who has the esteem and respect of the Na- Let me tell you how these practices have tional Park Service, the great State of New worked for us in building marketshare: mitment to do more. I’ve made a commit- We’ve established a network of Hispanic ment on behalf of myself and McDonald’s by York and the United States of America. We owner/operators that has made us the undis- agreeing to chair the NHCC Institute during can accord her patriotism, love of country, loy- puted quick service restaurant of choice with its formative year because I believe in what alty, professional capabilities and her commit- Hispanic consumers. And if you take the it stands for and what it can do. I ask each ment and dedication to duty no greater tribute. of you to find a role you can play—either combined revenues of those franchisees— f more than $600 million—it would comprise within your own company, your own commu- the largest Hispanic company in the coun- nity, or your own industry. And I should not AMENDMENT ESTABLISHING THE try. need to remind you that this is no time for POSITION OF AIRCRAFT NOISE We were one of the first companies to ad- any company to retreat from its investment OMBUDSMAN vertise on Spanish-language television some in the Hispanic market. 25 years ago, and remain the largest single- And last, we must all set an example—to brand advertiser today. And we will continue our employees, other companies, and the HON. BOB FRANKS to do so because it sells hamburgers. community at large. Let’s all step forward, OF NEW JERSEY We’re proud of our Hispanic managers at set the pace and provide leadership and in- IN THE HOUSE OF REPRESENTATIVES all levels of the organization. They provide spiration for others. us with a broad range of life experiences and Wednesday, November 1, 1995 opinions that builds our business not only The time has come for us to stand Mr. FRANKS of New Jersey. Mr. Speaker, here but abroad. together to turn the tide. Do we continue to We buy hundreds of millions a year in construct new barriers, erase hard-fought ac- today the Transportation and Infrastructure goods and services from Hispanic firms—be- complishments, or do stand up and say Committee, of which I am a member, passed cause they’re the best in the field and they enough is enough? McDonald’s is one com- the Franks amendment to H.R. 2276, the Fed- reflect our customers. pany that is willing to step forward and say eral Aviation Administration Revitalization Act And the entire McDonald’s family of em- we believe in diversity, we will practice di- of 1995. My amendment would establish the ployees, franchisees, suppliers, the company versity in all we do, and we need diversity to position of aircraft noise ombudsman within and Ronald McDonald Children’s Charities build market dominance. the Federal Aviation Administration [FAA]. helps prepare the workforce of tomorrow I can assure you with every confidence through the RMCC/HACER [Hispanic Amer- The idea of an aircraft noise ombudsman is ican Commitment to Educational Resources] that to follow that course will serve the best long overdue. In my home State of New Jer- Scholarship Program. HACER is one of the interests of our companies, our communities, sey, the FAA has either arrogantly dismissed largest Hispanic scholarship programs in the and ultimately our country. or totally ignored the pleas from my constitu- country with more than $2.4 million awarded Thank you very much. (Muchas Gracias). ents for relief from intolerable aircraft noise. E 2088 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1995 After the Expanded East Coast Plan [EECP] exhausting their benefits each month, and Mr. Speaker, since its establishment in was implemented by the FAA in 1987, it took when they lost their benefits, these American 1953, the America-Israel Chamber of Com- years for the FAA to even react to the signifi- workers also lost any chance of further retrain- merce and Industry has been a major force cant increase in aircraft noise over New Jer- ing and education. Mr. Speaker, we passed behind the growth of trade and investment be- sey that resulted from their policies. The adop- the benefits to forcibly pull our Nation out of tween the United States and Israel. Now in its tion of my amendment would ensure that the the recession of the late eighties and early 42d year, the Chamber counts among its American people have an advocate in the FAA nineties. members today's leading consumer, industrial bureaucracy who will represent the concerns Well, Mr. Speaker, I have news for some of and financial companies. Its effectiveness as a of residents affected by airline flight patterns. my colleagues; unemployment is not over for non-political, nonprofit organization has re- This amendment also gives citizens some- every body. By not passing another extension sulted in closer ties between our two great one to turn to should they have a comment, in 1993, we removed a vital safety net for our countries. complaint, or suggestion, dealing with aircraft chronically unemployed workers. I have been Mr. Speaker, the chamber could hardly have noise. As the experience in New Jersey dem- contacted by a number of coal miners in my picked a more deserving honoree. Eli Hertz onstrates, the FAA views the real concerns of home State of West Virginia, miners who for has been a leader in the personal computer constituents regarding aircraft noise as nothing years had worked in the mines, only to see industry for well over a decade. As the found- more than a minor inconvenience. For exam- their jobs disappear. er and President of the Hertz Technology ple, when the FAA was flooded by telephone One miner wrote to me saying, ``My unem- Group, Eli is responsible for the overall man- calls from irate citizens after the EECP was ployment has run out. I need a way to support agement, strategic planning and new product implemented, their response was to belatedly my family. I'm 54 years old and I am not ask- development of one of the most highly suc- install an answering machine on a single tele- ing for a handout or welfare. I'd like to have cessful companies in the industry. phone line which was constantly jammed and a job, I am tired of being out of work * * * ex- The fact that the Hertz computer corporation to which citizens were unable to get through. tending unemployment benefits would help has won numerous awards for design excel- The arrogance and insensitivity of this agency since it takes so long to find a job.'' lence and outstanding performance and tech- can no longer be tolerated. Our constituents Another worker, who is attending a transi- nical support is a testament to Eli's vision and deserve to talk to a real, live human being tion class at a vocational school, wrote to me leadership. who can answer their questions about the de- to request an extension of unemployment ben- In addition, Eli is a bestselling author, hav- cisions that directly affect their quality of life. efits. This worker was not asking for a hand- ing written several highly successful books, in- Furthermore, by requiring that the ombuds- out, he was asking for a helping hand so he cluding ``Now That I Have Os/2 2.0 On My man be appointed by the FAA Board, and not could finish his class, find another job and Computer, What Do I Do Next?'', as well as by the Administrator, Congress will ensure that continue supporting his family. many thoughtful industry-related articles. the position is filled by a fair and independent West Virginia coal has fueled this Nation's Eli also authored the chapter on Science individual, and not simply by a mouthpiece for economy for over a century. Now, as we move and Technology of ``Partners for Change: How the FAA bureaucracy. The days of the FAA into the 21st century, when a mine closes, U.S.-Israel Cooperation Can Benefit America,'' turning a deaf ear to the very people who pay often times the mine never reopens. Genera- detailing the promises of technology in Israel. their salaries are over. tions of miners must be retrained with new This important book promotes ways in which Mr. Speaker, my amendment is extremely skills, and that Mr. Speaker, takes time, some- our two countries can build on our shared val- important to the people of New Jersey and to times longer than the 26 weeks the State pro- ues and mutual interests. the residents of any area that could find them- vides in unemployment benefits. But Eli doesn't just write about United selves severely impacted after the FAA an- The legislation I have introduced today is States-Israel economic cooperation. In 1991, nounces a change in flight patterns. After suf- straightforward. The bill will extend unemploy- his company established a subsidiary in Israel, fering for nearly a decade from a constant bar- ment benefits for workers who have exhausted and this year the Hertz Technology group's rage of aircraft noise, my constituents have their State provided benefits for a period of 20 exports to Israel will exceed $2.5 million. Eli is lost all faith in the FAA. As this committee to 26 weeks, depending on each State's un- also a director of the Jerusalem-based Har takes a leadership role in restructuring the employment rate. It is funded through emer- Hotzvim Incubator project for hi-tech start up FAA, it is vitally important that Congress take gency funding provisions within the Budget Act companies. Eli gives his time freely to many important steps to restore public confidence in this agen- because for any family with a long-term unem- groups and causes, including his service on cy by giving citizens a voice inside the FAA. ployed member, every single day without a job the Executive Committee of the American-Is- If any of my colleagues doubt the level of ire or paycheck is an emergency. rael Public Affairs Committee, as Chairman of and disgust the FAA has earned over their Mr. Speaker, it is urgent that we as a Con- the American-Israeli Cooperative Enterprise, mishandling of this issue, I encourage them to gress act now on this measure. It is an urgent and on the Executive Committee of the Amer- attend the November 9, Aviation Subcommit- issue for families all across America. By pass- ica Israel Friendship League. tee hearing on aircraft noise in New Jersey. ing this legislation, we will be providing a help- It is indicative of his generous and caring Mr. Speaker, I am pleased that my amend- ing hand, providing a safety net and it will con- nature that Eli has donated personal comput- ment passed the Transportation and Infra- tinue the work started in the 103d Congress to ers and computer consulting services to youth structure Committee earlier today by voice pull all of our Nation out of the recession cre- and disadvantaged children in this country and vote, with Members on both sides of the aisle, ated by the failed policies of the eighties. Mr. overseas. In particular, he contributed comput- including the distinguished ranking minority Speaker, this legislation will enable chronically ers and technical assistance to three grade member from Minnesota [Mr. OBERSTAR], unemployed workers who have lost their jobs schools in Israel and four schools in Morocco. speaking in support. I urge all my colleagues to retrain and retool for the next century. Mr. Speaker, it is always a pleasure to learn to support the Franks amendment to H.R. f that individuals who have given so much to 2276 by becoming a cosponsor of this impor- ELI HERTZ HONORED FOR FOS- our country and the world will be recognized tant bill. for the work that they do. So I ask my col- f TERING COMMERCIAL TIES BE- TWEEN UNITED STATES AND IS- leagues to join me in congratulating Eli Hertz REINSTATE EMERGENCY RAEL for his well-deserved honor and in wishing him UNEMPLOYMENT COMPENSATION many more years of success. HON. CAROLYN B. MALONEY f HON. NICK J. RAHALL II OF NEW YORK TRIBUTE TO LOS ANGELES COUN- OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES TY DOMESTIC VIOLENCE ORGA- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 1, 1995 NIZATIONS Wednesday, November 1, 1995 Mrs. MALONEY. Mr. Speaker, I rise today Mr. RAHALL. Mr. Speaker, I have intro- to bring to the attention of my colleagues the HON. LUCILLE ROYBAL-ALLARD OF CALIFORNIA duced legislation today to reinstate the emer- achievements of Eli Hertz. Mr. Hertz will be IN THE HOUSE OF REPRESENTATIVES gency unemployment compensation program. honored on November 8 by the America-Israel In 1993, we were able to pass two exten- Chamber of Commerce and Industry for his Wednesday, November 1, 1995 sions of unemployment benefits for the long work in fostering commercial ties between the Ms. ROYBAL-ALLARD. Mr. Speaker, do- term unemployed. Thousands of people were United States and Israel. mestic violence is a crime that affects people November 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2089 in all communities, transcending economic, DR. FRANK P. LLOYD RESIGNS plishments—there have been for to many to geographic, and racial lines. In fact, domestic list here—bear that out. violence is the greatest cause of injury to SPEECH OF Although he would not seek out recogni- tion for his good deeds, we choose to ac- women in the United States. Today, a woman HON. ANDREW JACOBS, JR. knowledge them here, as well as offer a is battered every 13 seconds, compared to OF INDIANA heartfelt thank-you on behalf of the entire every 15 seconds a few years ago. Yet, the IN THE HOUSE OF REPRESENTATIVES community. nature and seriousness of domestic violence f as a crime is often ignored. Tuesday, October 31, 1995 To combat domestic violence, education is Mr. JACOBS. Mr. Speaker, the following HONORING EL RIO BAKERY vital to helping battered women recognize the editorial published in the Indianapolis News problem, and to changing society's attitude this past weekend, does not overstate the ac- HON. ED PASTOR and perceptions. Only by raising the level of complishments and the goodness of Dr. Frank OF ARIZONA awareness and understanding about domestic P. Lloyd. It would be impossible to say too IN THE HOUSE OF REPRESENTATIVES violence can we overcome the shameful stig- much good about this magnificent man: ma and psychological barriers associated with Wednesday, November 1, 1995 [From the Indianapolis News, Oct. 28, 1995] this epidemic. Mr. PASTOR. Mr. Speaker, I rise today to A ONE-IN-A-MILLION LEADER As Chair of the Violence Against Women recognize the winners of the U.S. Small Busi- Task Force, I will cohost a reception with Cali- Too often, the work of a soft-spoken leader ness Administration's 1995 Minority Retail goes without due recognition. Such is the fornia State Senator Hilda Solis on November Firm of the Year for the Western region of the 3, 1995, in Los Angeles, to highlight organiza- case with Dr. Frank P. Lloyd, who resigned last week from the White River State Park United States, the El Rio Bakery of Tucson, tions and individuals that work tirelessly Development Commission. AZ. against domestic violence. In particular, this Lloyd has served tirelessly on that body First opening their business over 20 years year's reception will honor organizations in since 1979, when it began its work to create ago, Sabino and Artemisa Gomez started a Los Angeles County that provide sanctuary to an urban park for the people of Indianapolis. small Mexican bakery, working together 7 victims of domestic violence. Shelters play a His work for the commission, however, is days a week in an effort to achieve the Amer- critical role in helping women and children just one of many of his efforts to better this ican Dream. Sabino Gomez had come to the city. break the cycle of violence, and make the United States in his early twenties, when a transition from victim to survivor. The Upon hearing of Lloyd’s resignation, U.S. Rep. Andy Jacobs, Jr. called him a ‘‘civil local baker recruited him from Mexico in ex- honorees are: The Angel Step Inn; Chicana saint’’ and one of ‘‘God’s nobleman.’’ change for a good wage and the opportunity Service Action Center/East Los Angeles Cen- A summary of a few of his accomplish- for legal immigration to the United States. ter/Free Spirit; Didl Hirsh-Via Avanta; ments explains that description. After meeting his wife, Artemisa, in 1968, the Dominquez Family Shelter; El Monte Youth; Lloyd, who will turn 76 this month, re- two opened El Rio Bakery in 1971 selling tra- Every Woman's Shelter/Center for the Pacific ceived his medical degree from Howard Uni- ditional baked goods. Several years later, they Asian Family; Glendale YWCA Shelter; Good versity in 1946 and built a career as an obste- trician. Along the way, he also became in- expanded into the wholesale market, selling Shepherd Shelter; Haven Hills; Haven House; their products to the local supermarkets and House of Ruth; Jenesse Center; Oshon Vil- volved in many community projects. In 1968, Lloyd got the idea to give Indian- restaurants. Today, they employ 22 people, lage; Rainbow Services, Ltd.Sojourn; Su Casa apolis its first radio station with a goal to still work side by side for up to 15 hours a Family Crisis & Support; Tamar House; Valley serve the black community. He and 11 Demo- day, and have realized their dreams. I con- Oasis; Wings [Women in need Growing crats put their money together and bought a gratulate the Gomez family on their suc- Strong]; Women's & Children's Crisis Shelter; license and began to broadcast on WTLC– cesses, and wish them the best of luck in their Womenshelter; and 1736 Family Crisis Center. FM. future endeavors. Mr. Speaker, in honor of Domestic Violence Lloyd also was the chairman of Midwest Awareness Month, I urge my colleagues to National Bank, where he put high priority f join me and Senator Solis in recognizing and on opening up lending opportunities for mi- norities. TRIBUTE TO CHARLES J. SLEZAK, congratulating these organizations that provide In a 1993 interview with News reporter BERWYN’S ‘‘MR. REPUBLICAN’’ life-saving services to victims of domestic vio- Marion Garmel, he said: ‘‘What I believe as a lence and help educate our communities black male is that if you’re going to try to HON. WILLIAM O. LIPINSKI about this terrible crime. do something in a community at all, you OF ILLINOIS f need three things: access to media, access to money and access to the political world.’’ IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO JOHN SAMPSON He has been successful at all three. Wednesday, November 1, 1995 Lloyd has served on the boards of many or- ganizations, including Indiana Bell Tele- Mr. LIPINSKI. Mr. Speaker, I rise today with HON. EDOLPHUS TOWNS phone, Ameritech, the Christian Theological great sadness at the recent passing of one of OF NEW YORK Seminary, Community Leaders Allied for my district's leading citizensÐCharles J. IN THE HOUSE OF REPRESENTATIVES Superior Schools and the Indiana Advisory Slezak. Charlie was known as ``Mr. Repub- Wednesday, November 1, 1995 Board of the U.S. Commission on Civil lican,'' serving as GOP Committeeman for Mr. TOWNS. Mr. Speaker, it is indeed my Rights. Berwyn Township, but his legacy goes far He was president of the Metropolitan Plan- above and beyond his involvement in party pleasure to recognize the hard work and pa- ning Commission in the 1970s and was chair- tience of John Sampson. John is a product of man of the prestigious American Planning politics. Charlie spent most of his adult life the New York Public School System. He later Association, which develops urban policy. working to improve the community he was attended Brooklyn College where he grad- Lloyd also has recognized women deserving born in, Berwyn, IL, and its neighbor, Cicero. uated with a degree in political science. John a leadership positions. During his stint at After serving in the South Pacific with the became fascinated by the legal profession and Methodist Hospital, from which he retired as Navy in World War II, Charlie, a Morton East decided to attend law school. president and chief executive officer, Lloyd High School graduate, returned home to his In 1988 John enrolled at Albany Law School promoted two women to senior management job with Continental Can. More importantly, he positions, something that had not been done married the former Mildred Hurt on June 8, and graduated in 1991. He went to work for before. the Legal Aid Society and subsequently be- He also has mustered support for health 1946, forming a partnership of love that lasted came employed with the Brooklyn law firm of programs for women and children. When Sen. nearly half a century. Alter & Barbaro, Esqs, specializing in housing, Richard Lugar was in Indianapolis a few In 1959, Charlie and Millie purchased a criminal, and contract law. weeks ago, he praised Lloyd during a lunch- hardware store in Cicero. Not only did they ex- Always active in local community affairs, eon speech, crediting him for his work. pand the business threefold in the 20 years John participates in political campaigns and ‘‘I remember Dr. Frank Lloyd, when I was they owned it, but he used it as a springboard represents candidates in election law matters mayor, said that the best index of the civili- for charitable and civic work. The list of orga- before the Supreme Court. Mr. Sampson is zation of this city is the infant mortality nizations Charlie lent his leadership and orga- rate. It tells you very rapidly the sense of also a member of the Rosetta Gaston Demo- concern that people have for each other in a nizational abilities to is long indeed. He served cratic Club. John is devoted to his family and community sense,’’ said Sen. Lugar. as parade chairman of the South Cicero Boys he and his wife Crystal are the proud parents Lloyd clearly has a strong sense of concern Baseball Association, chairman of the Illinois of a baby girl, Kyra Chanel Sampson. for the people of Indianapolis. His accom- Junior Miss Pageant, chairman of the Cicero E 2090 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1995 Progress Committee, president of the Cicero Nearly 20 years ago, on December 31, week in July and August. This is the peak of Rotary Club, chairman of the Cicero Chamber 1975, President Gerald Ford signed Public the recreation season, and this action severely of Commerce and Industry, and finance chair- Law 94±199, which designated the HCNRA. limits motorized access to the rest of the river. man of the Cicero Boy Scout Council, to name The stated purpose of this law was to ``assure In response to the numerous appeals received just a few. that the natural beauty, historical, and archeo- by the regional forester in adamant opposition In addition, Charlie served as an elected logical values of the Hells Canyon area and to this effort, a stay on this ominous proposal trustee of Morton Junior College from 1976 the 71-mile segment of the Snake River be- was granted for the 1995 season. The 1996 until he was appointed Berwyn Republican tween Hells Canyon Dam and the Oregon- season is just around the corner, and this pre- Committeeman in 1981, a post he was re- Washington border, together with certain por- dicament requires justified legislative relief. elected to four times. He also worked as an tions of its tributaries and adjacent lands, are The Snake River is different than most of aide to State Representative Judy Baar preserved for this and future generations, and those in the Wild and Scenic River system, for Topinka, and for the last 12 years, served the that the recreational and ecologic values and the diversity that it provides makes it particu- Illinois Secretary of State's office, most re- public enjoyment of the area are thereby en- larly precious to the American people. The cently as the director of a driver's license ex- hanced.'' Snake is a high-volume river with a long and amination facility. Charlie was noted for his Section seven of this act instructs the Sec- colorful history of use by motorized river craft. ability to make what is often a less than pleas- retary to ``administer the recreation area in ac- The first paying passengers to go up through ant experience almost enjoyable for many an cordance with the laws, rules, and regulations its rapids on a motor boat made their journey Illinois motorist. applicable to the national forests for public on the 110-foot Colonel Wright in 1865. The Charlie won numerous awards for his civic outdoor recreation'' in a manner compatible U.S. Army Corps of Engineers began blasting and business achievements. The Albert Gal- with seven listed objectives. In addition, sec- rocks and improving channels in 1903, and latin Business Award for Outstanding Achieve- tion 10 of this act instructs the Secretary to they worked continuously until 1975 to make ment, the Friends of Berwyn and Cicero Citi- promulgate such rules and regulations as he the river safer for navigation. zen of the Year, and the John F. Kubik Hu- deems necessary to accomplish purposes of Today the vast majority of peopleÐover 80 manitarian of the Year Award are just a few of the act, including ``provision for the control of percentÐwho recreate in the Hells Canyon his many honors. And, for good measure, the use and number of motorized and non- segment of the Snake River access it by mo- Charlie qualified for and completed a Boston motorized river craft: Provided, That the use of torized river craft. Some of these are private Marathon in 1978, finishing in less than 4 such craft is hereby recognized as a valid use boaters, and others travel with commercial op- hours. of the Snake River within the recreation area.'' erators on scenic tours. This access is accom- But perhaps the achievement of which Considering this, the language is very clear plished with a minimum of impact to the river, Charlie was the proudest was his work in es- and straight forward. Unfortunately, however, the land, or the resources. The Hells Canyon tablishing a permanent home for the Berwyn- the original intent of the actÐincluding the portion of the Snake River is our Nation's pre- Cicero Council on Aging when he served as compromises and promises that fostered its mier whitewater powerboating river. president of the council in the 1970's. He put passageÐseem to have been forgotten and/or The use of motorized river craft is deeply together a consortium of banks and saving confused. interwoven with the history, traditions, and cul- and loans that provided a mortgage to pur- Throughout both the process leading to des- ture of Hells Canyon. It was for this reason chase a building for the council. It is this build- ignation of the HCNRA and the ensuing man- that Congress left a nonwilderness corridor for ing that will serve as a permanent memorial to agement planning efforts, the USDA's Forest the entire length of the river. Likewise, Con- Charlie Slezak when it is renamed in his ServiceÐmanaging agencyÐhas exhibited a gress clearly intended that both motorized and honor. disturbing prejudice against motorized river nonmotorized river craft were valid uses of the Mr. Speaker, I extend my condolences to craft in the HCNRA. This bias first surfaced in entire river within the recreation area for the Mrs. Slezak, Charlie's two daughters, Diane hearings leading to the designation of the full year. It was clearly not the intent of Con- and Charlene, his granddaughter and ``little HCNRA, then later in a Comprehensive Man- gress to allow the managing agency to decide shining star'' Carly Ann, and all of his relatives agement Plan that had to be overruled on ap- that one valid use would prevail over the and countless friends. Charlie is gone, but his peal by then Assistant Secretary of Agriculture other, as the Forest Service has proposed. legacy of community involvement and caring Crowell, and most recently by Wallowa-Whit- In light of the pending proposal to severely will live on for many years to come. man National Forest Supervisor Robert Rich- curtail powerboat operation in the HCNRA, I f mond in an effort to revise the river manage- believe the practical and permanent resolution ment plan. to this predicament is to clarify congressional PERSONAL EXPLANATION During HCNRA hearings in 1975, then As- intent in Public Law 94±199 in a manner that sistant Secretary of Agriculture Long testified will preclude any future misunderstanding. HON. ESTEBAN EDWARD TORRES regarding a proposed amendment that would This is what I propose to do with the legisla- OF CALIFORNIA authorize the Department of Agriculture to pro- tion I am introducing today. IN THE HOUSE OF REPRESENTATIVES hibit jet boats. He noted that there were ``times Thank you, and I urge my colleagues' sup- when boating perhaps should be prohibited port of this solid endeavor. Wednesday, November 1, 1995 entirely.'' Senator Church responded to this f Mr. TORRES. Mr. Speaker, I was inadvert- unfavorably, explaining: ently detained on official business yesterday I think you may have given the present use TRIBUTE TO GWYN GANDY during rollcall vote No. 752, the vote for final of the river and the fact that access to it for passage of the conference report on H.R. many people who go into the canyon, if not the majority, is by the river, and jet boats HON. EDOLPHUS TOWNS 1868. Had I been present on the floor of the OF NEW YORK House, I would have voted ``yea.'' have been found to be the preferred method of travel by a great many people who have IN THE HOUSE OF REPRESENTATIVES f gone into the canyon. This is a matter of Wednesday, November 1, 1995 such importance that Congress itself should HELLS CANYON NATIONAL decide what the guidelines would be with re- Mr. TOWNS. Mr. Speaker, I come before RECREATION AREA spect to regulation of traffic on the river and the House today to extol the many milestones that the discretion ought not to be left en- of Gwyn Gandy. Gwyn is the chief executive HON. WES COOLEY tirely to the administrative agencies. officer and president of C&G Insurance Bro- OF OREGON Consequently, the amendment failed, thus kerage Co., Inc., a full-service firm specializing IN THE HOUSE OF REPRESENTATIVES indicating that Congress expressly dis- in all forms of insurance. Gwyn is a 12-year approved of the actions proposed in the veteran of the insurance industry and has the Wednesday, November 1, 1995 amendment. distinction of being the only African-American Mr. COOLEY. Mr. Speaker, today I am in- In spite of the lack of any demonstrable re- female from New York to participate in the troducing legislation to correct an unfortunate source problems, and in the face of over- Democratic National Convention [DMC] which problem for motorized river craft operators in whelming public support for motorized river awarded a contract that provided for special the Hells Canyon National Recreation Area craft, the Forest Service continues in its at- events coverage as part of the DNC. [HCNRA]. To fully explain the reason for my tempt to provide solely a nonmotorized experi- Gwyn's parents left the rural south and trav- legislation, I would like to provide a little back- ence by proposing to close the heart of the eled to Brooklyn where she was raised as the ground on the situation in the HCNRA. canyon to motorized river craft for 3 days a oldest of six children. Financial necessity November 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2091 prompted Gwyn's entrepreneurial talents to guished career with the U.S. Government she dreds if not thousands of constituent requests. shine through, as she became a very com- is retiring from the Central Intelligence Agency Congressional offices here in Washington and petent door-to-door saleswoman. She grad- on October 31, 1995. in districts across the land have benefited from uated from Franklin K. Lane High School at Over a period spanning nearly 39 years, the expertise and the integrity that she has the age of 17. A marriage which ended in di- Mrs. Carle served the CIA and the Nation with brought to this work. vorce produced three children, Kenneth, patriotism, loyalty, and a strong sense of duty. As chairman of the Permanent Select Com- Sheree, and Kevin, each of whom has distin- She deserves the thanks of this body and of mittee on Intelligence, I am pleased to take guished themselves academically and profes- the American people. this opportunity to bring to your attention a citi- sionally. Mrs. Carle began her career in the 1950's zen whom the public may never know, but Ms. Gandy is a graduate of Hunter College and served under nine Presidents and thirteen who has worked in quiet and unrecognized and the Fashion Institute of Technology. She Directors of Central Intelligence. Throughout ways on its behalf. I ask you to join with me is a staunch environmentalist and community these years, she contributed in important ways in wishing Ellie Carle a long and enjoyable re- activist. Gwyn serves as a member of the to the Agency's work on behalf of the Nation's tirement. Bedford-Stuyvesant YMCA Board of Man- security. First in the CIA's Clandestine Serv- f agers, and has served on the trustee board of ices and later in the offices of General Coun- sel and Congressional Affairs, her skills and the First A.M.E. Zion Church in Brooklyn. I am PERSONAL EXPLANATION delighted to share her vast contributions to the perseverance achieved operational successes community and America with my House col- and provided the day-to-day support nec- leagues. essary for the CIA to function effectively. HON. EARL POMEROY In the Office of General Counsel, she f OF NORTH DAKOTA worked on and supported voluminous litigation IN THE HOUSE OF REPRESENTATIVES IN HONOR OF ELLORA C. CARLE in the Privacy Act, the Freedom of Information UPON HER CIA RETIREMENT Act, and Graymail suits. Her excellent organi- Wednesday, November 1, 1995 zational skills made her invaluable in marshal- Mr. POMEROY. Mr. Speaker, I regret that I ling the Government's case. The result was HON. LARRY COMBEST was not present yesterday for rollcall No. 753, OF TEXAS that important secrets were protected. I would note in particular the part that Mrs. the motion to recede and concur on H.R. IN THE HOUSE OF REPRESENTATIVES Carle has played in supporting the House and 1868, the Foreign Operations Appropriations Wednesday, November 1, 1995 the Senate for the past 7 years. During this Act of 1996. Had I been present, I would have Mr. COMBEST. Mr. Speaker, I rise today to period, she has managedÐand in many cases voted ``no''. pay tribute to Ellora C. Carle. After a distin- preparedÐthe Agency's responses to hun- E 2092 CONGRESSIONAL RECORD — Extensions of Remarks November 1, 1995 SENATE COMMITTEE MEETINGS 2:30 p.m. NOVEMBER 15 Title IV of Senate Resolution 4, Select on Intelligence 10:00 a.m. Closed briefing on intelligence matters. Judiciary agreed to by the Senate on February 4, SH–219 1977, calls for establishment of a sys- Administrative Oversight and the Courts tem for a computerized schedule of all Subcommittee NOVEMBER 8 To hold hearings on S. 582, to amend meetings and hearings of Senate com- 9:30 a.m. mittees, subcommittees, joint commit- United States Code to provide that cer- Governmental Affairs tain voluntary disclosures of violations tees, and committees of conference. Oversight of Government Management and of Federal laws made pursuant to an This title requires all such committees The District of Columbia Subcommit- environmental audit shall not be sub- to notify the Office of the Senate Daily tee ject to discovery or admitted into evi- Digest—designated by the Rules Com- To hold hearings to examine the court- dence during a Federal judicial or ad- mittee—of the time, place, and purpose house construction program. ministrative proceeding. of the meetings, when scheduled, and SD–342 SD–226 any cancellations or changes in the 10:00 a.m. meetings as they occur. Judiciary As an additional procedure along To hold hearings to examine mandatory POSTPONEMENTS with the computerization of this infor- victim restitution. SD–226 mation, the Office of the Senate Daily NOVEMBER 7 2:00 p.m. Digest will prepare this information for Small Business Energy and Natural Resources printing in the Extensions of Remarks To hold joint hearings with the House Forests and Public Land Management Sub- section of the CONGRESSIONAL RECORD Committee on Small Business to exam- committee on Monday and Wednesday of each ine small business concerns regarding To hold hearings on S. 901, to authorize week. railroad consolidation. the Secretary of the Interior to partici- Meetings scheduled for Thursday, No- 2123 Rayburn Building pate in the design, planning, and con- vember 2, 1995, may be found in the Select on Intelligence struction of certain water reclamation Daily Digest of today’s RECORD. To hold closed hearings on intelligence and reuse projects and desalination re- matters. search and development projects, S. MEETINGS SCHEDULED SH–219 1169, to amend the Reclamation Wastewater and Groundwater Study NOVEMBER 3 NOVEMBER 9 and Facilities Act to authorize con- 9:30 a.m. 2:00 p.m. struction of facilities for the reclama- Commerce, Science, and Transportation Energy and Natural Resources tion and reuse of wastewater at To hold hearings on the nominations of Parks, Historic Preservation and Recre- McCall, Idaho, S. 590, a land exchange Nancy E. McFadden, of California, to ation Subcommittee for the relief of Matt Clawson, S. 985, to be General Counsel, and Charles A. To hold hearings on S. 231 and H.R. 562, exchange certain lands in Gilpin Coun- Hunnicutt, of Georgia, to be an Assist- bills to modify the boundaries of Wal- ty, Colorado, and S. 1196, to transfer ant Secretary, both of the Department nut Canyon National Monument in the certain National Forest System lands of Transportation, and Jane Bobbitt, of State of Arizona, S. 342, to establish adjacent to the Townsite of Cuprum, West Virginia, to be an Assistant Sec- the Cache La Poudre River National Idaho. retary of Commerce. Water Heritage Area in the State of SD–366 SR–253 Colorado, S. 364, to authorize the Sec- Joint Economic retary of the Interior to participate in NOVEMBER 16 To hold hearings on the employment-un- the operation of certain visitor facili- employment situation for October. 2:00 p.m. ties associated with, but outside the SD–106 Energy and Natural Resources boundaries of, Rocky Mountain Na- Parks, Historic Preservation and Recre- tional Park in the State of Colorado, S. NOVEMBER 7 ation Subcommittee 489, to authorize the Secretary of the To hold hearings on S. 873, to establish 9:30 a.m. Interior to enter into an appropriate the South Carolina National Heritage Commerce, Science, and Transportation form of agreement with, the town of Corridor, S. 944, to provide for the es- Business meeting, to consider pending Grand Lake, Colorado, authorizing the tablishment of the Ohio River Corridor calendar business. town to maintain permanently a ceme- SR–253 tery in the Rocky Mountain National Study Commission, S. 945, to amend 10:00 a.m. Park, S. 608, to establish the New Bed- the Illinois and Michigan Canal Herit- Judiciary ford Whaling National Historical Park age Corridor Act of 1984 to modify the To hold hearings to examine contingency in New Bedford, Massachusetts, and boundaries of the corridor, S. 1020, to fee abuses. H.R. 629, the Fall River Visitor Center establish the Augusta Canal National SD–226 Act. Heritage Area in the State of Georgia, Indian Affairs S. 1110, to establish guidelines for the Business meeting, to mark up S. 1341, to SD–366 designation of National Heritage provide for the transfer of certain lands Areas, S. 1127, to establish the Van- to the Salt River Pima-Maricopa In- NOVEMBER 14 dian Community and the city of 10:00 a.m. couver National Historic Reserve, and Scottsdale, Arizona; to be followed by Judiciary S. 1190, to establish the Ohio and Erie hearings on S. 1159, to establish an To hold hearings to examine the oper- Canal National Heritage Corridor in American Indian Policy Information ation of the Office of the Solicitor Gen- the State of Ohio. Center. eral. SD–366 SR–485 SD–226 Wednesday, November 1, 1995 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate agreed to Foreign Operations Appropriations, 1996 Conference Report. Senate Chamber Action Measures Referred: Page S16495 Measures Placed on Calendar: Routine Proceedings, pages S16449–S16556 Pages S16495, S16554, S16555 Measures Introduced: Five bills and one resolution were introduced, as follows: S. 1373–1377, and S. Statements on Introduced Bills: Pages S16496±S16508 Res. 191. Page S16495 Measures Passed: Additional Cosponsors: Pages S16508±09 American Indian Heritage Month: Senate agreed Amendments Submitted: Page S16509 to S. Res. 191, designating the month of November Notices of Hearings: Page S16509 1995 as ‘‘National American Indian Heritage Authority for Committees: Page S16509 Month.’’ Pages S16555±56 Additional Statements: Page S16509 Foreign Operations Appropriations, 1996—Con- ference Report: By 90 yeas to 6 nays (Vote No. Record Votes: Three record votes were taken today. 559), Senate agreed to the conference report on H.R. (Total—561) Pages S16476, S16480, S16495 1868, making appropriations for foreign operations, Adjournment: Senate convened at 9:30 a.m., and export financing, and related programs for the fiscal adjourned at 6:06 p.m., until 9:30 a.m., on Thurs- year ending September 30, 1996. Pages S16470±76 day, November 2, 1995. (For Senate’s program, see By 53 yeas to 44 nays (Vote No. 561), Senate the remarks of the Acting Majority Leader in today’s concurred in the amendment of the House to the RECORD on page S16556.) amendment of the Senate No. 115, with the follow- ing amendment proposed thereto: Page S16495 Leahy/Kassebaum Amendment No. 3041, to strike Committee Meetings the prohibition on funds to foreign non-government organizations which employ abortion as a means of (Committees not listed did not meet) family planning. Pages S16476±77, S16480±95 Rejected: MARITIME REGULATORY REFORM McCain/Kerry Amendment No. 3042 (to Amend- Committee on Commerce, Science, and Transportation: ment No. 3041), to permit the continued provision Committee concluded hearings on S. 1356, to de- of assistance to Burma only if certain conditions are regulate the United States ocean shipping industry satisfied. (By 50 yeas to 47 nays (Vote No. 560), and sunset the Federal Maritime Commission, after Senate tabled the amendment.) Pages S16477±80 receiving testimony from former Senator William D. Measure Indefinitely Postponed: Hathaway, Chairman, Austin Schmitt, Director, Bu- Ethics Investigation: Senate indefinitely post- reau of Economics, and Robert D. Bourgon, General poned further consideration of S. Res. 168, concern- Counsel, all of the Federal Maritime Commission; ing the Select Committee on Ethics Investigation of Edward M. Emmett, National Industrial Transpor- Senator Packwood of Oregon. Page S16555 tation League, Arlington, Virginia; Geoffrey N. Messages From the House: Page S16495 Giovanetti, Wine and Spirits Shippers Association, D 1290 November 1, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1291 Inc., Reston, Virginia, on behalf of the Shippers’ As- PROLIFERATION OF WEAPONS OF MASS sociation Coalition; Bill McInerney, Phoenix Inter- DESTRUCTION national Freight Services, Chicago, Illinois, on behalf Committee on Governmental Affairs: Permanent Sub- of the American International Freight Association; committee on Investigations continued hearings to Peter H. Powell Sr., C.H. Powell Company, Pea- examine the threat of global proliferation of chemi- body, Massachusetts, on behalf of the National Cus- cal, biological and nuclear weapons and weapons-ma- toms Brokers and Forwarders Association of America, terial, receiving testimony from Gordon C. Oehler, Inc.; Herzl S. Eisenstadt, Brooklyn, New York, on Director, Nonproliferation Center, Central Intel- behalf of the International Longshoremen’s Associa- ligence Agency; Connie J. Fenchel, Assistant Direc- tion; Christopher L. Koch, Sea-Land Service, Inc., tor, Strategic Investigations Division, Office of In- Timothy J. Rhein, American President Companies, vestigations, U.S. Customs Service, Department of and Murray Graham, Council of European and Japa- the Treasury; John P. O’Neill, Special Supervisory nese National Shipowners’ Association, all of Wash- Agent, Chief, Counterterrorism Section, Federal Bu- ington, D.C.; John P. LaRue, Port of Corpus Christi reau of Investigation, Department of Justice; H. Authority, Corpus Christi, Texas; W. Don Welch, Allen Holmes, Assistant Secretary of Defense for South Carolina State Ports Authority, Charleston; Special Operations and Low-Intensity Conflict; Frank Brian McWilliams, International Longshoremen’s E. Young, Director, National Disaster Medical Sys- and Warehousemen’s Union, San Francisco, Califor- tem, Office of Emergency Preparedness, Public nia; and William P. Verdon, Crowley Maritime Cor- Health Service, Department of Health and Human poration, Oakland, California. Services; Amy E. Smithson, Henry L. Stimson Cen- ter, Washington, D.C.; Vil S. Mirzayanov, Moscow, WETLANDS PROTECTION Russia, on behalf of the State Research Institute of Organic Chemistry and Technology; Milton Committee on Environment and Public Works: Sub- Leitenberg, University of Maryland, College Park; committee on Clean Air, Wetlands, Private Prop- and Michael Moodie, Chemical and Biological Arms erty, and Nuclear Safety concluded hearings on S. Control Institute, Alexandria, Virginia. 851, to reform the Section 404 wetlands permitting Hearings were recessed subject to call. program under the Clean Water Act to focus Federal regulatory authority on functioning wetlands and to WACO AFTERMATH ensure that citizens can obtain permits within a rea- Committee on the Judiciary: Committee concluded sonable period of time, after receiving testimony hearings to examine changes in Federal law enforce- from John H. Zirschky, Acting Assistant Secretary of ment as a result of the incident in Waco, Texas, the Army for Civil Works; Robert Perciasepe, As- after receiving testimony from Kenneth V. Lanning, sistant Administrator for Water, Environmental Pro- Supervisory Special Agent, Behavioral Science Unit, tection Agency; Bernard N. Goode, former Chief, Robin Montgomery, Special Agent in Charge, Criti- National Regulatory Program, United States Corps cal Incident Response Group, Gary W. Noesner, Su- of Engineers; John D. Echeverria, National Audubon pervisory Special Agent, Critical Incident Response Society, Washington, D.C.; James S. Burling, Pacific Group, and William J. Esposito, Assistant Director, Legal Foundation, Sacramento, California; Robert D. Criminal Investigative Division, all of the Federal Sokolove, U.S. Wetland Services, Inc., Bethesda, Bureau of Investigation, Department of Justice; Maryland; William D. Lane, Lane Corporation, Frank A. Bolz, Frank A. Bolz Associates, Inc., Hun- Goldsboro, North Carolina; Steven N. Moyer, Trout tington Station, New York; Clint R. Van Zandt, Van Zandt & Associates, Fredericksburg, Virginia; Unlimited, Arlington, Virginia; and Kenneth F. Peter Smerick, The Academy Group, Manassas, Vir- Bierly, Oregon Division of State Lands, Salem, on ginia; and Graeme Craddock, an incarcerated wit- behalf of the Association of State Wetland Managers. ness. D 1292 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 1995 House of Representatives persons seeking to adopt will not be turned away in Chamber Action the adoption process; Page H11643 Bills Introduced: 8 public bills, H.R. 2567–2574 The Davis amendment that makes technical cor- were introduced. Page H11686 rections to the Financial Responsibility and Manage- Reports Filed: Reports were filed as follows: ment Assistance Act; and Pages H11649±51 H.R. 2149, to reduce regulation, promote effi- The Hostettler amendment that repeals the Dis- ciencies, and encourage competition in the inter- trict’s Health Care Benefits Expansion Act which national ocean transportation system of the United permits unmarried cohabiting adults to register with States, and to eliminate the Federal Maritime Com- the District and receive certain health and other mission (H. Rept. 104–303); and legal benefits (agreed to by a recorded vote of 249 H. Res. 253, waiving points of order against the ayes to 172 noes, Roll No. 759). Pages H11656±61 further conference report on H.R. 1977, making ap- Rejected the Bonilla amendment that sought to propriations for the Department of the Interior and revoke the National Education Association’s exemp- related agencies for the fiscal year ending September tion from District property taxes beginning in fiscal 30, 1996 (H. Rept. 104–304). Pages H11685±86 year 1996 (rejected to be a recorded vote of 210 ayes to 213 noes with 2 voting ‘‘present’’, Roll No. 758); Speaker Pro Tempore: Read a letter from the Pages H11651±56 Speaker wherein he designates Representative Hefley H. Res. 252, the rule under which the bill is to act as Speaker pro tempore for today. Page H11589 being considered, was agreed to earlier by a yea-and- Committees To Sit: The following committees and nay vote of 241 yeas to 181 nays, Roll No. 757. their subcommittees received permission to sit today Pages H11618±27 during proceedings of the House under the 5-minute Committee To Sit: The following committees and rule: Committees on Commerce, Economic and Edu- their subcommittees received permission to sit dur- cational Opportunities, International Relations, the ing proceedings of the House under the 5-minute Judiciary, Science, and Transportation and Infrastruc- rule on Thursday, November 2: Committees on ture. Page H11593 Banking and Financial Services, Commerce, Eco- Partial-Birth Abortion Ban: By a yea-and-nay vote nomic and Educational Opportunities, Government of 288 yeas to 139 nays with 1 voting ‘‘present’’, the Reform and Oversight, the Judiciary, National Secu- House passed H.R. 1833, to amend title 18, United rity, Resources, Science, and Transportation and In- States Code, to ban partial-birth abortions. frastructure. Page H11661 Pages H11604±18 Senate Messages: Message received from the Senate Agreed to the committee amendment in the na- appears on page H11589. ture of a substitute pursuant to the rule. Page H11618 By a recorded vote of 332 ayes to 86 noes, Roll Referral: One Senate-passed measure was referred to No. 755, it was made in order to use certain exhib- the appropriate House committee. Page H11685 its in the Committee of the Whole. Page H11605 Quorum Calls—Votes: Three yea-and-nay votes H. Res. 251, the rule under which the bill was and three recorded votes developed during the pro- considered, was agreed to earlier by a yea-and-nay ceedings of the House today and appear on pages vote of 237 yeas to 190 nays, Roll No. 754. H11602, H11605, H11618, H11626–27, Pages H11593±H11602 H11655–56, and H11660–61. There were no D.C. Appropriations: House completed all general quorum calls. debate and began consideration of amendments on Adjournment: Met at 10 a.m. and adjourned at H.R. 2546, making appropriations for the govern- 10:15 p.m. ment of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September Committee Meetings 30, 1996; but came to no resolution thereon. Con- sideration of amendments will resume on Thursday, MISCELLANEOUS MEASURES November 2. Pages H11627±61 Committee on Commerce: Ordered reported the follow- Agreed To: ing bills: H.R. 2366, to repeal an unnecessary medi- The Walsh amendment that clarifies the defini- cal device reporting requirement; and H.R. 2519, tion of unmarried couples so that qualified single amended, Philanthropy Protection Act of 1995. November 1, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1293 REFORM OF SUPERFUND ACT Lt. Col. Gary Payton, USAF (Ret.), Deputy Associate Committee on Commerce: Subcommittee on Commerce, Administrator, Advanced Space Transportation; and Trade, and Hazardous Materials began markup of public witnesses. H.R. 2500, Reform of Superfund Act of 1995. Will continue tomorrow. COMMITTEE BUSINESS ENGLISH—COMMON LANGUAGE Committee on Standards of Official Conduct: Met in ex- ecutive session to consider pending business. Committee on Economic and Educational Opportunities: Subcommittee on Early Childhood, Youth and Fami- ICC TERMINATION ACT; FAA lies continued hearings on English as the Common REVITALIZATION ACT Language. Testimony was heard from Nimi McConigley, member, Legislature, State of Wyo- Committee on Transportation and Infrastructure: Ordered ming; and public witnesses. reported amended the following bills; H.R. 2539, by a vote of 36–22, ICC Termination Act of 1995; and OVERSIGHT—FAIR LABOR STANDARDS H.R. 2276, Federal Aviation Administration Revi- ACT talization Act of 1995. Committee on Economic and Educational Opportunities: Subcommittee on Workforce Protections continued THRIFT CHARTER CONVERSION TAX ACT; oversight hearings on the Fair Labor Standards Act. REPEAL UNNECESSARY MEDICAL DEVICE Testimony was heard from public witnesses. REPORTING REQUIREMENT FOOD FOR PEACE REAUTHORIZATION ACT Committee on Ways and Means: Ordered reported the following bills; H.R. 2494, amended, Thrift Charter Committee on International Relations: Held a hearing on Conversion Tax Act of 1995; and H.R. 2366, to re- the Food For Peace Reauthorizational Act of 1995. peal an unnecessary medical device reporting require- Testimony was heard from Christopher Goldthwait, ment. General Sales Manager, USDA; M. Douglas Stafford, Assistant Administrator, Bureau for Humanitarian f Response, AID, U.S. International Development Co- COMMITTEE MEETINGS FOR THURSDAY, operation Agency; and public witnesses. NOVEMBER 2, 1995 MISCELLANEOUS MEASURES (Committee meetings are open unless otherwise indicated) Committee on the Judiciary: Subcommittee on Courts Senate and Intellectual Property held a hearing on the fol- lowing bills: H.R. 1733, Patent Application Publi- Committee on Energy and Natural Resources, Subcommittee cation Act of 1995; and H.R. 359, to restore the on Forests and Public Land Management, to resume hear- ings to examine alternatives to Federal forest land man- term of patents. Testimony was heard from Rep- agement and to compare land management cost benefits resentative Rohrabacher; and public witnesses. on Federal and States lands, 9:30 a.m., SD–366. CONFERENCE REPORT—INTERIOR Committee on Environment and Public Works, Subcommit- APPROPRIATIONS tee on Transportation and Infrastructure, to hold hearings on courthouse construction and related GSA public build- Committee on Rules: Granted, by voice vote, a rule ings program matters, 10 a.m., SD–406. waiving all points of order against the further con- Committee on Finance, business meeting, to mark up S. ference report to accompany H.R. 1977, making ap- 1318, to reform the statutes relating to Amtrak, to au- propriations for the Department of the Interior and thorize appropriations for Amtrak, and to consider other related agencies for the fiscal year ending September pending committee business, 10 a.m., SD–215. 30, 1996, and against its consideration. The rule Committee on Governmental Affairs, to hold hearings on provides that the conference report shall be consid- S. 704, to establish the Gambling Impact Study Commis- ered as read. Testimony was heard from Representa- sion, 9:30 a.m., SD–342. Special Committee on Aging, to hold hearings to examine tive Regula. fraud in the medicare and medicaid programs, 10 a.m., X–33 REUSABLE LAUNCH VEHICLE SD–562. Special Committee To Investigate Whitewater Development Committee on Science: Subcommittee on Space and Aer- Corporation and Related Matters, to resume hearings to ex- onautics held a hearing on the X–33 Reusable amine issues relative to the President’s involvement with Launch Vehicle: A New Way of Doing Business? the Whitewater Development Corporation, focusing on Testimony was heard from the following officials of the handling of certain documents following the death of the NASA: John E. Mansfield, Associate Adminis- Deputy White House Counsel Vincent Foster, 10 a.m., trator, Office of Space Access and Technology; and SH–216. D 1294 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 1995 NOTICE Committee on National Security, executive, to receive a For a listing of Senate Committee Meetings sched- classified briefing on deployment of United States ground forces to Bosnia, 10 a.m., and to continue hearings on de- uled ahead, see page E2092 in today’s RECORD. ployment of United States ground forces to Bosnia, 2 House p.m., 2118 Rayburn. Committee on Banking and Financial Services, to mark up Committee on Resources, Subcommittee on Fisheries, H.R. 2406, United States Housing Act of 1995, 10 a.m., Wildlife and Oceans, hearing on H.R. 2243, Trinity 2128 Rayburn. River Basin Fish and Wildlife Management Reauthoriza- Committee on Commerce, Subcommittee on Commerce, tion Act of 1995, 10 a.m., 1324 Longworth. Trade, and Hazardous Materials, to continue markup of Subcommittee on Water and Power Resources, hearing H.R. 2500, Reform of Superfund Act of 1995, 10 a.m., on the following bills: H.R. 1803, Reclamation Recycling 2123 Rayburn. and Water Conservation Act of 1995; and H.R. 2549, to Subcommittee on Energy and Power, oversight hearing authorize the Secretary of the Interior to enter into con- on the Federal Energy Regulatory Commission’s Proposed tracts to assist the Pajaro Valley Water Management Rules Affecting the Electricity Industry, 10 a.m., 2322 Agency, CA, to implement a basin management plan for Rayburn. the elimination of groundwater overdraft and seawater in- Committee on Economic and Educational Opportunities, Sub- trusion, 10 a.m., 1334 Longworth. committee on Early Childhood, Youth and Families, hear- Committee on Rules, hearing on H. Res. 250, to amend ing on the Older Americans Act, 9 a.m., 2175 Rayburn. the Rules of the House of Representatives to provide for Committee on Government Reform and Oversight, Sub- gift reform, 10 a.m., H–313 Capitol. committee on Human Resources and Intergovernmental Committee on Science, Subcommittee on Technology, Relations, to continue oversight hearings on Protecting hearing on Medical Technology Development and Com- the Blood Supply from Infectious Agents: New Standards mercialization, 9 a.m., 2318 Rayburn. to meet New Threats, 9:30 a.m., 2247 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on House Oversight, hearing on campaign fi- committee on Water Resources and Environment, hearing nance reform, 10 a.m., 1310 Longworth. on H.R. 2500, Reform of Superfund Act of 1995, 9 a.m., Committee on the Judiciary, Subcommittee on the Con- stitution, to mark up H.R. 2564, Lobbying Disclosure 2167 Rayburn. Act of 1995, 11 a.m., 2226 Rayburn. Permanent Select Committee on Intelligence, Subcommittee Subcommittee on Crime, hearing regarding the nature on Human Intelligence, Analysis, and Counterintel- and threat of violent anti-government groups in America, ligence, executive, hearing on Terrorism, 10 a.m., H–405 9:30 a.m., 2237 Rayburn. Capitol. November 1, 1995 CONGRESSIONAL RECORD—DAILY DIGEST D 1295

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FOURTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through October 31, 1995 January 4 through October 31, 1995

Senate House Total Civilian nominations, totaling 404, disposed of as follows: Days in session ...... 167 137 . . Confirmed ...... 230 Time in session ...... 1,547 hrs., 58′ 1,238 hrs., 20′ . . Unconfirmed ...... 169 Congressional Record: Withdrawn ...... 5 Pages of proceedings ...... 16,448 11,587 27,935 Extensions of Remarks ...... 2,082 . . Public bills enacted into law ...... 15 23 38 Civilian nominations (FS, PHS, CG, NOAA), totaling 1,685, disposed Private bills enacted into law ...... of as follows: . . Confirmed ...... 1,001 Measures passed, total ...... 259 327 586 Unconfirmed ...... 684 Senate bills ...... 59 27 . . House bills ...... 48 134 . . Senate joint resolutions ...... 3 . . . . Air Force nominations, totaling 13,552, disposed of as follows: House joint resolutions ...... 1 5 . . Confirmed ...... 13,550 Senate concurrent resolutions ...... 8 4 . . Unconfirmed ...... 2 House concurrent resolutions ...... 16 22 . . Simple resolutions ...... 124 135 . . Measures reported, total ...... *192 *279 471 Army nominations, totaling 11,699, disposed of as follows: Senate bills ...... 130 4 . . Confirmed ...... 9,367 House bills ...... 26 164 . . Unconfirmed ...... 2,332 Senate joint resolutions ...... 6 . . . . House joint resolutions ...... 2 6 . . Senate concurrent resolutions ...... 4 . . . . Navy nominations, totaling 12,090, disposed of as follows: House concurrent resolutions ...... 0 3 . . Confirmed ...... 10,842 Simple resolutions ...... 24 102 . . Unconfirmed ...... 1,248 Special reports ...... 14 5 . . Conference reports ...... 0 18 . . Measures pending on calendar ...... 116 37 . . Marine Corps nominations, totaling 2,833, disposed of as follows: Measures introduced, total ...... 1,633 3,043 4,676 Confirmed ...... 2,832 Bills ...... 1,372 2,566 . . Unconfirmed ...... 0 Joint resolutions ...... 41 114 . . Withdrawn ...... 1 Concurrent resolutions ...... 30 111 . . Simple resolutions ...... 190 252 . . Quorum calls ...... 3 17 . . Summary Yea-and-nay votes ...... 558 202 . . Recorded votes ...... 534 . . Total nominations received this session ...... 42,263 Bills vetoed ...... 1 3 . . Total confirmed ...... 37,822 Vetoes overridden ...... 0 . . . . Total unconfirmed ...... 4,435 Total withdrawn ...... 6 * These figures include all measures reported, even if there was no accom- panying report. A total of 165 reports has been filed in the Senate; a total of 302 reports has been filed in the House. D 1296 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, November 2 10 a.m., Thursday, November 2

Senate Chamber House Chamber Program for Thursday: After the recognition of eight Program for Thursday: Motion to go to conference on Senators for speeches and the transaction of any morning H.R. 2099, VA–HUD Appropriations for fiscal year business (not to extend beyond 12 noon), Senate may 1996; and consider S. 1372, Social Security Earnings Limit, or H.R. Complete consideration of H.R. 2546, District of Co- 2492, Legislative Branch Appropriations, 1996. lumbia Appropriations for fiscal year 1996.

Extensions of Remarks, as inserted in this issue

HOUSE Jacobs, Andrew, Jr., Ind., E2089 Rahall, Nick J., II, W. Va., E2088 Lipinski, William O., Ill., E2089 Roybal-Allard, Lucille, Calif., E2088 Cardin, Benjamin L., Md., E2086 Maloney, Carolyn B., N.Y., E2088 Solomon, Gerald B.H., N.Y., E2083, E2085 Combest, Larry, Tex., E2091 Molinari, Susan, N.Y., E2084, E2087 Torres, Esteban Edward, Calif., E2090 Cooley, Wes, Ore., E2090 Pastor, Ed, Ariz., E2086, E2089 Towns, Edolphus, N.Y., E2083, E2084, E2086, E2089, Franks, Bob, N.J., E2087 Peterson, Douglas ‘‘Pete’’, Fla., E2083 E2090 Gillmor, Paul E., Ohio, E2084, E2085 Pomeroy, Earl, N. Dak., E2091 Hamilton, Lee H., Ind., E2083, E2084 Quinn, Jack, N.Y., E2086

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