March 3, 1994 CONGRESSIONAL RECORD-SENATE 3747 SENATE-Thursday, March 3, 1994

(Legislative day of Tuesday, February 22, 1994)

The Senate met at 10 a.m., on the ex­ ator from Utah [Mr. HATCH] will con­ lican colleagues not to politicize this piration of the recess, and was called to trol 10 minutes. issue. I believe that there are many on order by the President pro tempore Mr. DASCHLE addressed the Chair. the other side who want health reform [Mr. BYRD]. The PRESIDENT pro tempore. The as badly as those on this side of the The PRESIDENT pro tempore. As we Senator from South Dakota [Mr. aisle. I am encouraged by their deter­ make our supplications and give DASCHLE] is recognized for not to ex­ mination in much of what I see in the praises to Almighty God, who created ceed 10 minutes. Finance Committee on a daily basis­ man in His own image and breathed Mr. DASCHLE. Thank you, Mr. good questions, good statements, per­ into His nostrils the breath of life, the President. sistence on the part of so many who Senate will be led by its Chaplain, the have been with this issue for so long. But I must say this morning, Mr. Reverend Dr. Richard C. Halverson. CONFUSING THE HEALTH CARE Dr. Halverson. President, I am encouraged, as well as ISSUE concerned, about this Republican re­ PRAYER Mr. DASCHLE. Mr. President, I have treat that will begin tonight. I am en­ The Chaplain, the Reverend Richard been asked in recent days about polls couraged because there are a large C. Halverson, D.D., offered the follow­ published in a number of newspapers number of Republican Senators who ing prayer: Let us pray. showing some slippage in the support certainly want to devote the attention for the health plan proposed by this ad­ * * * thou shalt love the Lord thy God necessary to an issue of this magnitude ministration. and have demonstrated it. Our col­ with all thy heart, and with all thy soul, My answer to the queries that I have and with all thy mind, and thou shalt league from Rhode Island [Mr. CHAFEE] love thy neighbour as thyself. On these had is, I am not really surprised. After is the one who called for this retreat. an orchestrated campaign, the cost of So I know in his mind there is a lot two commandments hang all the law and which has been more than $10 million, the prophets.-Matthew 22:37-40. that can be done in another oppor­ Gracious God of truth and love and by many opponents of health reform, tunity to look very closely at an issue mercy, these words are precise and un­ especially those outside of Washing­ of this magnitude. ambiguous, but we do not seem to take ton-the insurance industry, lobbyists, But I am concerned that some in the and others-! am not surprised. Republican caucus want to do to health them seriously. Paul, the apostle, de­ The American people are confused clared that "love is the fulfilling of the what they did to deficit reduction. law." The apostle John wrote, "He that with the tremendous amount of misin­ They want to politicize it. does not love does not know God; for formation that has characterized so I have concluded, having been around God is love." Hearing these explicit much of the debate so far. There has here for almost 7 years now, that each words, we remember with shame the been an orchestrated effort to mislead and every time this body politicizes an history of religious wars, and the con­ the people and I think, to a certain ex­ issue, we lose. It is that simple. To po­ summate tragedy that today religion is tent, as it pertains to the Clinton liticize health would mean that Repub­ fracturing nations. health plan, they have succeeded. licans lose. To politicize health would But I am also convinced that these mean Democrats lose. But, most im­ God of perfection, awaken us to the poll numbers are temporary. What is realization that failure to love makes a portantly, to politicize this issue permanent is a desire on the part of the means the American people lose. travesty of religion and exposes our ig­ American people to solve the health Instead of coming out swinging, my norance of God. Help us understand care crisis. sincere hope this morning, the morning that love is more than a sentimental Because, in spite of the ups and of the retreat tonight, is that our Re­ feeling, love is volitional, requiring a downs of polls relating directly to this publican colleagues will come out ex­ decision to obey God and love, not only plan, 86 percent of the American peo­ our neighbor, but our enemy. tending-extending their arms in a real ple, in virtually every poll from the effort at bipartisanship to resolve these In His name who is love incarnate. very beginning, want guaranteed pri­ problems that we all know exist. Amen. vate health insurance for all Ameri­ That has been the approach this ad­ cans. In spite of the ups and downs on ministration has used from the very RESERVATION OF LEADER TIME the Clinton health plan, 67 percent of beginning. In scores of meetings here all the American people want the re­ and down there one-on-one with the The PRESIDENT pro tempore. Under sponsibility for paying for it to be President himself, with the First Lady, the previous order, the leadership time shared between employer and employ­ with every Member of the Cabinet, in is reserved. ees alike. And in spite of the ups and small groups and in big groups, I do not downs, Mr. President, over 60 percent think I have ever seen a more inclusive of the American people say again and effort ever undertaken by any adminis­ MORNING BUSINESS again that they want a specified list of tration. Inclusion has been the ap­ The PRESIDENT pro tempore. Under comprehensive benefits so they know proach that this administration has the previous order, there will now be a what they are getting. used. I hope that it is reciprocated as period for the transaction of morning Those numbers do not appear to Republicans and Democrats ft. ttempt, business, with Senators permitted to change at all. Regardless of all the talk in as sincere a way as possible, to deal speak therein for up to 10 minutes of alliances and specific proposals, the with this issue effectively. each, with the Senator from Penn­ core feeling of the American people is I hope, Mr. President, that my con­ sylvania [Mr. WOFFORD] to be recog­ as strong today as it was at the very cerns are unwarranted. I hope the an­ nized to speak for up to 30 minutes; the beginning. That does not change. nouncement tomorrow afternoon will Senator from Wyoming [Mr. WALLOP] I hope there is something else that be that the Republican caucus is even will be permitted to speak for not to does not change. I hope that there is a more determined than ever to come up exceed 10 minutes; and then the Sen- sincere desire on the part of our Repub- with a plan to work together. I hope

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 3748 CONGRESSIONAL RECORD-SENATE March 3, 1994 that all Senators can come to the same between the years 1996 and 2000; that As a purchaser of health care coverage for conclusion which many of us have­ they would save $6.3 billion a year at their employees, states will save approxi­ that the less we do, the more costly the the end of the decade just as an em­ mately $5.6 billion in premium payments for effect. That is counterintuitive, but it ployer. That is per year, by the end of active employees in the year 2000 due to is true-the less we do, the more costly the decade. slower growth in overall health care costs. the effect. Health and Human Services say busi­ Additionally, states will save an estimated ness, too, are big winners, saving more $704 million through federal support of Every single serious analytical effort health care for early state retirees in the that has been presented to us thus far than $59 billion a year, that comes out year 2000. has demonstrated that. And of all the to $605 a worker. And working families alternatives, they tell us, one by one, would save $29 billion a year, $293 per State expenditures for Medicaid and com­ as recently as this week, the status quo worker. munity-based long-term care are projected That is the kind of analytical infor­ to decrease in the aggregate under the is the most expensive. Every analysis Health Security Act. done so far has indicated that we have mation many of us asserted all along to do something to stem this incredible ought to drive this debate. We can Between 1996 and the year 2000, states will flow of cost into health. We all have truly provide the universal coverage, save an estimated $43.6 billion in state Med­ been told, time and time again vir­ this guaranteed access to private insur­ icaid expenditures under the Health Security ance that we want for all Americans, Act; an estimated $31.9 billion represents tually every time we get into a budget coverage of Medicaid recipients through re­ debate about the implications of health at the same time we reduce costs. It is such a remarkable study I would gional alliances, and approximately $11.7 bil­ on our budget, and the President pro lion will be saved through the new commu­ tempore knows that better than any like to share it with my colleagues. I nity-based long-term care program. In the one of us in this Chamber- in fact the ask unanimous consent to have it year 2000, state Medicaid programs will save Congressional Budget Office said that­ printed in the RECORD at this time. approximately $22.3 billion-$3.3 billion re­ unless we deal with health care we can­ There being no objection, the report sults from the new home and community­ not contain our budget problems. was ordered to be printed in the based long-term care program. RECORD, as follows: As they reported to Congress just a When taking new state spending for the couple of weeks ago, it is the Clinton [From the U.S. Department of Health and new community-based long-term care pro­ plan that reduces costs to health, and Human Services, Feb. 28, 1994) gram into account, states will save, on net, to the budget, by $237 billion over a 10- IMPACT OF THE HEALTH SECURITY ACT ON nearly $7.6 billion on community-based long­ year period of time. They reported to STATES term care expenditures between 1996 and 2000 us just a couple of weeks ago that the I. SUMMARY, IMPACT OF THE HEALTH SECURITY under the Health Security Act. In the year Clinton plan saves business $90 billion ACT ON STATES 2000 alone, states will save $1.1 billion on The Health Security Act will reduce the community-based long-term care. a year, when it is fully implemented. cost of insurance in states through universal And just this week the Department of coverage, cost containment, and the elimi­ States will save $39.5 billion between 1996 Health and Human Services released nation of cost shifting. and 2000 under the Health Security Act, $7.6 their analysis of the effect that the Employers who currently offer insurance billion from the community-based long-term will save on average of $605 per worker (1.6% care program, and $31.9 billion from the re­ Clinton plan would have, not only on maining changes in the Medicaid program. our budget but on all the budgets, of payroll or $59.5 billion on total) on pre­ miums in the year 2000. In the year 2000, this represents $20.1 billion, State by State. Their report was very Workers who are in firms that currently $19.0 billion in Medicaid savings excluding encouraging. offer health insurance will save an average of home and community-based care and $1.1 bil­ They indicated that States could $293 per worker ($29.9 billion in total) on pre­ lion in savings from the home and commu­ save $39 billion in Medicaid costs alone miums in the year 2000. nity-based care program. IMPACT OF THE HEALTH SECURITY ACT ON STATES: YEAR 2000

Expenditure categories Without reform Reform Savings

PURCHASING HEALTH COVERAGE UNDER THE HEALTH SECURITY ACT

Employers' share of the premiums: Total employer premium payments-all firms ...... $303.5 billion .. .. $275.5 billion . $28.0 billion Total employer premium payments-employers currently offering insurance ...... $303.5 billion . $243.9 billion .. . $59.5 billion Premium payments as a percent of payroll-employers currently offering insurance ...... 8.2% ...... 6.6% ...... 1.6% Premium payments per worker-employers currently offering insurance . $3,086 per worker ($257 /month) . $2,481 per worker ($207 /month) $605 per worker ($50/month) Families' and individuals' share of the premiums: Total worker premium payments-all firms ...... $73.6 billion ...... $53.7 billion ...... $19 .9 billion Total worker premium payments-workers in firms currently offering insurance .. . $73.6 billion ...... $28.9 billion Worker premiums-workers in firms currently offering insurance ...... $7 48 per worker ($62/month) ...... tU p~~li!~rk~; ··i$3siiii~niiii .. ::::::::::: .. .. $293 per worker ($24/month) New Federal funds for discounts 1 •....••.••.•••..• $i·s:s·bi·l·l·ion· ·········· ································ $81.0 billion ...... State expenditures on active State employees ...... $10.2 billion ...... $5.6 billion State expenditures on early State retirees . $1.3 billion $0.6 billion .. $0.7 billion

MEDICAID

State Medicaid expenditures, including savings from community-based long-term care ...... $123.3 billion . $101.0 billion ...... $22.3 billion State Medicaid expenditures, not including savings from community-based long-term care ...... $123.3 billion $104.3 billion $19.0 billion

NEW LONG-TERM CARE PROGRAM

State community-based long-term care expenditures ...... $9.9 bill ion ...... $8.9 billion ...... $1.1 billion

1 Total discounts minus stales' maintenance of effort NOTE: For ..display purposes only, the Medicaid savin~s due to the new co~munity-based long-term _care program are shown under both the Medicaid and the New Long-Term Program sections. "State Community-Based Long-Term Care Expenditures also reflects changes m state-only spendmg lor the severely d1sabled and state funds d1rected toward the new long-term care program. Numbers may not sum to totals due to rounding.

II. HEALTH SECURITY ACT: MAJOR POLICY Universal coverage and cost containment under employer, employment status, marital sta­ CHANGES AFFECTING STATES the Health Security Act tus or medical condition. The following is a brief description of some The Health Security Act guarantees all The Health Security Act relies on the re­ of the major policy changes under the Health American citizens and legal residents private quirement of shared responsibility for the Security Act that affect state expenditures.* insurance coverage for a comprehensive purchase of health coverage. It strengthens the private, employment-based system and Footnotes at end of article. package of benefits. Coverage continues with no lifetime limits regardless of a change of augments it with a commitment to make the March 37 1994 CONGRESSIONAL RECORD-SENATE 3749 purchase of coverage affordable through dis­ For low-income children under the age of communities with new funds to create part­ counts to small business and families. 19, a new program is created to provide serv­ nerships among government, alliances, The Health Security Act carries out the ices currently offered under Medicaid but health care providers, and communities that commitment to control the rising costs of not included in the comprehensive benefits will: health care by: package, such as hearing aids and non-emer­ Enhance the capability of communities to (1) Consolidating the purchasing power of gency transportation. States maintain cur­ protect the health of their populations and consumers so that private payers in a com­ rent spending for children receiving cash as­ to address high-priority local health prob­ petitive market can slow the growth of sistance. lems; health insurance premiums. This process is State expenditures on Medicaid will de­ Increase the number of minorities in backed up by a cap on the growth of insur­ crease under the Health Security Act for sev­ health professions, support graduate nurse ance premiums. eral reasons: training initiatives, and expand training (2) Reducing the rate of growth of the Med­ Coverage of current cash eligible Medicaid projects for primary care physicians and icare and Medicaid programs without reduc­ recipients through regional alliances: Acute physician assistants; ing benefits or quality of care. care spending for cash eligible Medicaid re­ Assure access to essential health services cipients decreases because of their inclusion for all Americans, particularly low-income, Premiums under the Health Security Act in regional alliances, where costs will not isolated, hard-to-reach populations; and Under the Health Security Act, health cov­ grow as rapidly as under the current system. Provide the knowledge and information erage is purchased in two shares: the individ­ States pay a premium for these services that systems necessary to prevent disease and uals or family share and the employer share. is based on 95 percent of current expendi­ provide medical care more appropriately and Each individual or family purchases a health tures for this population. In addition to this efficiently. plan designed to cover one of four categories reduction in expenditures, states no longer Due to universal coverage under the by family type: make disproportionate share payments for Health Security Act, most personal health (1) A single adult policy; their cash-eligible populations. services now provided the Public Health (2) A policy covering two adults; Coverage of current non-cash eligible Med­ Service will be paid for by insurance. (3) A policy covering a single parent with icaid recipients through regional alliances ill. BACKGROUND: STATES AND HEALTH REFORM children; or and the new program for children's supple­ Over the past decade, state governments, (4) A policy covering two parents with chil­ mental services: Expenditures for non-cash residents, and employers have faced rapid in­ dren. eligible Medicaid recipients, like those for creases in the already high health care costs. Employers' share of the premiums cash eligibles, are reduced due to their inclu­ Between 1980 and 1991, spending in states sion in regional alliances. Although the Generally, employers pay 80 percent of the for hospital care, physician services, and pre­ states make maintenance of effort (MOE) scription drug purchases in retail outlets weighted average premium calculated on a payments based on current expenditures for rose at an average annual rate of 10.5 per­ per worker basis within a regional alliance acute care services and disproportionate for the appropriate family type policy.** Ad­ cent.1 share for this population, these payments In 1993, states spent more on health care ditionally, an employer may choose to pay will not grow as rapidly as under the current part or all of the family share of the pre­ than on tax-financed higher education.z system. Additionally, the federal govern­ Between 1988 and 1990, the average annual mium. ment assumes the costs of supplemental Employers' premium payments within re­ growth in Medicaid expenditures was 15.7 services for Medicaid eligible children. Be­ percent,3 and it is expected that state Medic­ gional alliances are capped. At full imple­ cause the MOE payments for cash eligible mentation, employers purchasing coverage aid spending will nearly triple between 1990 children's supplemental services will grow at an 1995.4 through regional alliances will pay no more a slower rate than do current expenditures 7.9 than percent of payroll for health cov­ for these services, states achieve savings. United States- Health care environment Statistics erage for their workers. Businesses with New long-term care program under the Health fewer than 75 workers receive discounts that Security Act Percentage of population covered by Medicaid (1991P 10.6% cap their payments to a sliding scale (3.5% to Medicaid payments per recipient (1992) 6 ...... $2,937 Average annual growth in Medicaid expenditures (1988- 7.9% of payroll) based on size and average The Health Security Act creates a new home and community-based long-term care 1990)3 ...... 15.7% wage. Infant mortality rate per 1000 live births (1991) 7 . 8.9 program for individuals with severe disabil­ Families' and individuals' share of the pre­ ities regardless of income or age. The pro­ Footnotes at end of article. miums gram is financed by: States have taken several steps to control The family or individual pays the dif­ Federal Government: New federal funds are the rise in health care costs and to increase allotted to states based on a formula that in­ ference between the employer share and the access to health care for its residents.s. 9 actual premium of the health plan in which cludes the number of persons with severe dis­ Almost all states have initiated or enacted they choose to enroll. Those who choose to abilities among other factors. Additionally, measures to improve access and contain enroll in a lower-cost plan will pay lower current federal Medicaid expenditures for costs.8 premiums than those who choose higher-cost these services for the severely disabled will Fourteen states have enacted or proposed plans. be used to fund the new program to the ex­ legislation designed to provide universal cov­ For families and individuals, as well as em­ tent that current Medicaid eligibles are erage for all state residents.8 ployers, premium payments are capped. served in the program. The federal share of Twelve states have enacted or proposed Families with an annual income of $40,000 or public costs ranges from 78 to 95 percent legislation designed to contain costs through less pay no more than 3.9 percent of their in­ when fully phased in. managed competition or purchasing pools.8 come toward their share of the premium. States: State spending for the new pro­ Forty-seven states have enacted or pro­ Those with incomes below 150 percent of pov­ gram will be matched by the federal govern­ posed small group insurance reform; eight­ erty receive discounts toward their share of ment at a rate substantially higher than een states have enacted or proposed insur­ the premium. that of the current Medicaid program. Part ance reform for individuals.s of the state funds will come from the trans­ Medicaid under the Health Security Act Examples of state health reform initiatives fer of Medicaid expenditures for community­ include: Under the Health Security Act. Medicaid based long-term care for the severely dis­ Expanding access to health care for tar­ recipients under the age of 65 enter the alli­ abled. At the most, states will pay between geted population groups, such as pregnant ance system to obtain the guaranteed com­ 5 and 22 percent of the public program costs. women or children, through public sector, prehensive benefit package. Individuals: Participants whose income is private sector, or a mixture of both, inter­ People not on cash assistance who now re­ greater than 150 percent of the federal pov­ ventions. This often includes expanding Med­ ceive Medicaid choose their health plan and erty level will contribute based on their in­ icaid eligibility for coverage and services be­ may qualify for discounts based on income, come. yond Medicaid's traditional income restric­ like other eligible individuals and families. States have the flexibility to organize tions.8 States contribute toward discounts for their services to meet their populations' diverse Small group and individual market re­ residents by maintaining current Medicaid needs; at a minimum, states must provide forms including guaranteed issue and re­ spending efforts for this population. personal assistance to eligible individuals newal, limits on pre-existing condition ex­ Individuals who qualify for cash assistance needing assistance with activities of daily clusions, rating restrictions and benefit (Aid to Families with Dependent Children or living. States have the option to continue to mandates.s Supplemental Security Income) also choose provide community-based long-term care Containing costs through the use of man­ their own health plans through regional alli­ services under the state Medicaid program. aged competition or purchasing pools, pro­ ances. The federal and state governments Public health initiatives under the Health Secu- vider rate setting, insurer premium caps, and make premium payments for these individ­ rity Act global budgets.s uals based on current state and federal Med­ The Public Health Initiatives under the Acting alone, states are hampered in their icaid expenditures. Health Security Act will provide states and efforts to control the growth of health care 3750 CONGRESSIONAL RECORD-SENATE March 3, 1994 costs. The Health Security Act will enable billion in premiums in the year 2000, almost States' residents and businesses will re­ states to control the growth of health care $29 billion less than they would without com­ ceive an estimated $81 billion in federal expenditures and assure access to care for its prehensive reform. funds for discounts in the year 2000. residents. Employer Premium Payments as a Percent The approximately $23 billion remaining Universal coverage, achieved through a of Payroll: Year 2000 will come from state funds, a substitute for federal/state partnership, will reduce the the $27.8 billion that states would have paid burden on state and municipal programs and The Health Security Act will reduce the for services for non-cash Medicaid recipients providers that today help finance and deliver percent of payroll that employers who cur­ without reform. rently offer health insurance will spend on services to the uninsured and under-insured. V. IMPACT ON THE PUBLIC SECTOR Federal grants will help states provide spe­ premiums from 8.2 percent to 6.6 percent, a cial assistance to underserved rural and reduction of approximately 20 percent due to A. States as employers under the Health urban areas. States will be able to strength­ reforms in the Act. Security Act-Year 2000 en and improve essential public health ef­ In the year 2000, all employers will spend As purchasers of health care coverage for forts. an average of 6.4 percent of their payroll on their employees, states will benefit from The Health Security Act will control the premiums under the Health Security Act. slower growth in overall health care costs. increase in health care costs by introducing Federal support of health care for early re­ greater competition into the health care de­ Average Annual Premium Payments per tirees will produce large savings for state livery system. Worker: Year 2000 employee health benefits programs. Under IV. IMPACT ON THE PRIVATE SECTORlO For all employers, the average premium the Health Security Act, the federal govern­ payment per worker will be an estimated ment will cover the 80 percent employer A. Premium payments under the Health Security $2,245 in the year 2000 under the Health Secu­ Act share of the early state retirees' premiums. rity Act. Employers that currently offer The state will assume the 20 percent family Total Annual Premium Payments: Year 2000 health insurance will pay an estimated $2,481 share. Without reform, employers who currently in premium payments for workers-$605 less States will spend an estimated $10.2 billion offer insurance would pay an estimated total than they would pay if there were no com­ on their active employee health benefits in of $303.5 billion in premiums in the year 2000. prehensive reform. the year 2000 under the Health Security Act. Under the Health Security Act, all firms, in­ Under the Health Security Act, workers This represents an estimated savings of $5.6 cluding those that do not currently offer in­ will pay an average premium share of ap­ billion when compared to the estimated surance, will pay $275.5 billion in premium proximately $437 in the year 2000. Employees spending without reform of $15.8 billion in payments for their employees. Firms that in firms that currently offer insurance will the year 2000. currently offer insurance to their employees pay on average $455. This is an estimated $293 States as employers will save an estimated will pay an estimated total of $243.9 billion less than they would pay in premiums if $704 million on its premium spending for re­ in premium payments-$59.5 billion less than there were no comprehensive reform. Sav­ tirees between the ages of 55 and 64 years in they would pay without comprehensive re­ ings will be even greater for those workers the year 2000. form. who currently purchase health insurance di­ B. State Medicaid spending under the Health Workers who currently work in firms that rectly from insurance companies. offer insurance would pay an estimated total Security Act of $73.6 billion in premium payments in the B. Discounts under the Health Security Act­ Medicaid Growth: 1996-2000 11 year 2000 without comprehensive reform. Year 2000 Under the Health Security Act, states save Under the Health Security Act, workers, in­ Qualified small and low-wage employers, approximately $43.6 billion between the cluding those who are not currently covered low-income families, and early retirees will years 1996 and 2000. These savings will result through firms offering insurance, will pay a receive an estimated total of $104 billion in primarily from the inclusion of Medicaid re­ total of $53.7 billion in premiums in the year the year 2000 for premium and out-of-pocket cipients in regional alliances, where health 2000. Employees in firms that currently offer payment discounts under the Health Secu­ care costs will not grow as rapidly as in the insurance will pay an estimated total of $44.7 rity Act. current system. MEDICAID EXPENDITURES: 1996-20001 [In billions of dollars)

Fiscal year Fiscal year Fiscal year Fiscal year Fiscal year Total 1996 1997 1998 1999 2000

Medicaid spending without reform 77.6 87 .3 98.0 109.9 123.3 496.0

Health Security Act spending . 76.8 85.1 94.1 95.4 101.0 452.3 Acute care Medicaid ...... 47.9 49.3 44.0 38.1 39.3 218.6 long-term care Medicaid ...... 27.0 29.3 32 .0 34.9 38.2 1613 Maintenance of effort ...... 2.0 6.5 18.1 22.4 23.4 72.4

Change in State Medicaid spending ...... (0,8) (2.2) (3.9) (14 5) (22.3) (43.6) Change in State Medicaid spending less community-based long-term care savings . 0.5 (0.2) (1.5) (11.6) (19.0) (31.9) 1 Estimates of the impact of the Health Security Act on all States assumes that States implement reform in January of 1996, 1997, or 1998, as specified in the act.

Overall, states will save an estimated $43.6 Medicaid spending on acute care, which in­ eludes coverage of institutional long-term billion on Medicaid expenditures between cludes premium payments for cash assist­ care and continuing Medicaid community­ 1996 and 2000 under the Health Security Act. ance recipients and wrap-around services for based long-term care. An estimated $31.9 billion in savings results adults, will be an estimated $39.3 billion in States will contribute an estimated $23.4 from coverage of Medicaid recipients the year 2000. This will be lower than the billion in the year 2000 in maintenance of ef­ acute care spending under the current sys­ through the regional alliances and other pol­ fort payments that will be used for discounts tem because of slower growth of health care for their low-income residents and small icy changes under the Health Security Act. costs under the Health Security Act. The remaining $11.7 billion in Medicaid sav­ Medicaid spending on long-term care under businesses. ings results from the new community-based the Health Security Act will be approxi­ C. New Long-Term Care Program Under the long-term care pr0gram.12 mately $38.2 billion in the year 2000. This in- Health Security Act STATE EXPENDITURES FOR COMMUNITY-BASED LONG-TERM CARE: 1996-2000 [In millions of dollars)

Fiscal year Fiscal year Fiscal year Fiscal year Fiscal year Total 1996 1997 1998 1999 2000

Spending without reform ...... 5,199 7,694 8,314 9,208 9,949 40,363

State Medicaid spending 1 ...... 3,893 5,856 6,359 7,154 7,819 31,081 State-only spending on severely disabled 2 1,306 1,838 1,955 2.054 2,130 9.283

Health Security Act spending ...... 3,764 5,786 6,601 7,756 8,870 32,776 March 3, 1994 CONGRESSIONAL RECORD-SENATE 3751 STATE EXPENDITURES FOR COMMUNITY-BASED LONG-TERM CARE: 1996-2000-Continued [In millions of dollars]

Fiscal year Fiscal year Fiscal year Fiscal year Fi scal year 1996 1997 1998 1999 2000 Total

New program spending: 3 State spending to match new Federal funds ...... 869 1,504 2.106 2.804 3,551 . 10,835 State spending to match Medicaid transfer . 276 446 540 645 737 2,644 State spending on continuing Medicaid 2,618 3,836 3,954 4,306 4,581 19,297

Change in State spending on community-based long-term care ...... (1 ,436) (1 ,907) (1,713) (1,452) (1 ,079) (7,588) 1 Projected Medicaid spending for home health, home and community-based waivers, personal care, fra il elderly, and community-supported living arrangements (CSLA). 21ncludes estimated spending for persons who are likely to meet the eligibility criteria for the new program . 3Assumes full state participation in the new program. The new program is not fully implemented until FY 2003. These net savings include some of the Medicaid program savings presented in Section B (State Med icaid Spending) . The Medicaid offset estimate reflects more recent data than were available at the time that the FY 1995 Budget was prepared . Numbers may not sum to totals due to rounding. Source: ASPE.

States will save an estimated $7.6 billion Under the Health Security Act, federal ex­ ices that continue to be offered through Med­ on community-based long-term care spend­ penditures for community-based long-term icaid. ing under the Health Security Act between care have two sources: new federal funds and 1996 and 2000, $1.1 billion in the year 2000 Medicaid offset amounts. States will spend Total savings for states from Medicaid pol­ alone. an estimated $3.6 billion in the year 2000 to icy changes ($31.9 billion) and the new com­ Without comprehensive reform, states match new federal funds appropriated for the munity-based long-term care program ($7.6 would spend an estimated $9.9 billion in Med­ new program. Additionally, states will spend billion) will be an estimated $39.5 billion be­ icaid and non-Medicaid (state-only) funds on approximately $737 million to match Medic­ tween 1996 and 2000.13 horne health, personal health care services, aid offset amounts. and home and community-based waivers in States will spend an estimated $4.6 billion the year 2000. in the year 2000 for community-based serv- FEDERAL EXPENDITURES FOR COMMUNITY-BASED LONG-TERM CARE FOR STATES: 1996-2000 [In millions of dollars]

Fiscal year Fiscal year Fiscal year Fiscal year Fiscal year 1996 1997 1998 1999 2000 Total

Spending without reform 1 ...... 4,787 7,200 7,818 8,796 9.613 38,214

Health Security Act spending .. ... 9,021 14 ,647 18,509 23,207 28,061 93,445 New program spending: New Federal funds for program ...... 4,500 7,800 11,000 14,700 18,700 56,700 Estimated Medicaid transfer 2 ...... 1,429 2,311 2,819 3,380 3,882 13,822 Federal spending on continuing Medicaid community-based long-term care 3 .. 3,092 4,535 4,690 5,127 5,478 22.923

Change in Federal spending on community-based long-term care 4,234 7,447 10,691 14,412 18,447 55,231 1 Projected Medicaid spending for home health, home and community-based waivers, personal care, frail elderly, and community-supported living arrangements (CSLA). 2Federal Medicaid spending on persons with severe disabilities who are expected to be transferred to the new program . Assumes that no more than 75 percent of the new program 's expenditures will be used for the Medicaid severely disabled during the phase-in. 3 Medicaid with federal matching funds for home and community-based long-term care continues for the non-severely disabled and the severely disabled not served through the new program . Program is not fully implemented until FY 2003 . The Medicaid offset estimate reflects more recent data than were available at the time that the FY 1995 Budget was prepared . Numbers may not sum to totals due to rounding. Note.---Piease refer to the Key Assumptions listed in the Methods Paper for this report. Source: ASPE.

In the absence of comprehensive reform, PUBLIC HEALTH SERVICE FUNDING FOR STATES: 1997- FOOTNOTES the federal government would spend an esti­ 2000-Continued *Note: This analysis includes the major ways that mated $9,6 billion in Medicaid funds on horne [In millions of dollars] states will be affected by the Health Security Act; health, personal health care services, and other sectors that will be affected such as hospital horne and community-based waivers in 1997 1998 1999 2000 Total and local governments, are not described in this re­ states in the year 2000. port. Health research funding 2 .. ... 1,000 1,100 J,JOO 1,100 4,300 **The weighted average premium is the average of Under the Health Security Act, states will the accepted bids for all health plans in the alliance, receive an estimated $18.7 billion in new fed­ Offsets3 ...... 1,582 2,510 2,729 2,729 9,550 weighted to reflect enrollment of eligible individ­ eral funds in the year 2000 for the new pro­ uals among the plans. gram for persons with severe disabilities. Ad­ Total funds ...... 2,048 1,495 1,226 826 5,595 1 Health Care Financing Administration, as pub­ lished in Levit, et al., "Health Affairs," Fall1993. ditionally, states will receive an estimated 1 Federal funds for health-related services and workforce are allocated to 2 $3.9 billion in federal Medicaid offset National Association of State Legislatures, 1993. States based on the State's percentage of its population beneath the poverty 3 Health Care Financing Administration, Office of amounts to reflect Medicaid savings from level in 1992. 2Federal funds lor health research are allocated to states using propor­ the Actuary. Per capita from 1992. As cited in Office the new long-term care program. tional distribution based on total fiscal year 1993 AHCPR and NIH funds to of Management and Budget Health Reform Briefing States will receive an estimated $5.5 bil­ each State. Book. October, 1993. lion in the year 2000 in federal Medicaid 3Offsets are allocated to States based on fiscal year 1993 distribution of 4 National Association of Budget Officers, 1993. funds from HRSA, SAMHSA, CDC, IHS, and NIH. 5 Congressional Research Service. Medical Source funds for community-based services that Numbers may not sum to totals due to rounding. continue to be offered through Medicaid. Book, 1993 Update. Prepared for the Committee on Note: .-lt is assumed that all States will implement reform in 1997. Energy and Commerce, U.S. House of Representa­ Between 1996 and 2000, federal spending for Source: OASH, PHS. tives. January 1993. P. 48. horne and community-based long-term care SHealth Care Financing Administration, as com­ will increase by an estimated $55.2 billion Between 1997 and 2000, Public Health Ini­ piled by The Urban Institute, 1993. As cited in Office under the Health Security Act. tiatives of the Health Security Act will pro­ of Management and Budget Health Reform Briefing vide the states and its localities with an esti­ Reform Briefing Book. October, 1993. D. Public Health Initiatives Under the Health 7 Centers for Disease Control and Prevention. Security Act mated $5.6 billion in new funds for its com­ munity health centers, training of primary "Monthly Vital Statistics Report," 42(2s). August 31, 1993. PUBLIC HEALTH SERVICE FUNDING FOR STATES: 1997- care physicians, core public health functions a Blue Cross and Blue Shield Association. State 2000 such as immunizations and disease preven­ Legislative Health Care and insurance issues, 1993 tion, and health research, among other pro­ Survey of Plans. [In millions of dollars] grams. 9 0ffice of Management and Budget Health Policy. Health Reform Briefing Book: States. October 1993. 1997 1998 1999 2000 Total With universal coverage, payments from IOThe Congressional Budget Office (CBO) has pro­ health plans will replace (offset) the current New PHS funds ...... 3,630 4,005 3,955 3,555 15,145 duced a higher premium estimate than the Adminis­ Public Health funds for the personal health tration's. The CBO also estimates larger employer Health services and workforce services, totalling approximately $9.6 billion discounts. On balance, both the CBO and the Admin­ funding 1 ...... 2,630 2,905 2,855 2,455 10,845 between 1997 and 2000. istration predict the Health Security Act will re- 3752 CONGRESSIONAL RECORD-SENATE March 3, 1994 duce business spending compared with current pol­ If we had ever designed a new system good leadership in this fight for guar­ icy by similar amounts. (CBO. " An Analysis of the Administration's Health Proposal." February 8, 1994, and somebody had come to this Cham­ anteed health insurance, private health p. 54.) ber and proposed that method of fi­ insurance for all Americans--we have Source: ASPE and the Urban Institute's TRIM2 nancing, I think we would probably come to the floor to speak about what Model, benchmarked to HCFA's National Health Ac­ have laughed them out of the Chamber. is happening to people in our States counts. under our current health care system. 11 Es~imates of t he impact of the Health Security That Senator would not get one vote Act on all states assume that states implement re­ for the mandate that exists in the sys­ Many of our colleagues have done form in January of 1996, 1997, or 1998, as specified in tem today: Those who pay, pay for this in a series we have called Faces of the Act. Please refer to the Key Assumptions listed those who do not pay. the Health Care Crisis, the human in the Methods Paper for this report. faces that go with the figures, the sta­ Assume that: States will continue their spending How inequitable could it be? Yet on non-cash adult wrap-around services; sources of there are those who suggest we keep tistics, and the problems that have revenue for Medicaid disproportionate share remain that current mandate, that we keep been presented to us. and funds were used for uncompensated care. the current system, that we allow what Little did we expect that talking Estimated savings will change slightly due to nor­ about a crisis would become controver­ mal baseline revisions which accompany new eco­ they would call a volunteer system to nomic data. prevail. Yet that volunteer system is sial here in Washington. The crisis con­ Numbers may not sum to totals due to rounding. cept is not so difficult for Pennsylva­ Source: HCFA OACT, OLP and ASPE. no more than an euphemism for the status quo mandate that exists right nians that I have spoken with over the t2Medicaid savings for community-based care re­ past 2 years: People who have come to ported here differ from community-based term care now. savings reported in section C because Medicaid sav­ There are those who suggest it is in­ hearings and roundtables all over ings do not include non-Medicaid (state-only) spend­ Pennsylvania; people whose stories I ing or the new program spending. Please refer to the equitable, but that the alternative ought not involve the employers; that have tried to tell from this spot; people Key Assumptions listed in the Meth ods Paper for who are feeling in their lives the crisis this report. it is too burdensome, somehow, for the Assume: States will continue their current s pend­ small employer. My question to those we are talking about; people who have ing level for non-cash adult wrap-around services, seen their coverage cut off when they current state sources of revenue for Medicaid dis­ advocates of a shift in the responsibil­ lose a job, when they change a job, proportionate share remain and funds are used for ity onto the family is, if it is too ex­ when they retire from a job, and-most uncompensated care. pensive and too burdensome for a small Long-term care includes both institutional and absurdly-welfare recipients who lose community-based long-term care. These estimates business, how is it not so burdensome their coverage when they get a job; include offsets due to the new community-based for small families, for young families small business owners who have seen long-term care program (see next section). just trying to get started? How is it their premiums skyrocket 20 or even 30 Maintenance of effort payments include expendi­ that a family mandate is more politi­ tures for alliance-covered services and dispropor­ percent a year when they or one of tionate share for the non-cash population and wrap­ cally acceptable than a small-business­ their employees, or their children, get around services for cash-eligible children. shared responsibility? a serious illness; older citizens who had Numbers may not sum to totals due to rounding. What we are suggesting is that busi­ t3This assumes universal coverage in 1997; Medic­ to spend down-what a word that is-­ aid savings will be larger if states adopt univer sal nesses and families share this respon­ spend down their life savings in order coverage during 1996. Please refer to the Key As­ sibility, as we have for generations. to pay for nursing home care and have sumptions listed in the Methods Paper for this re­ Yet there are some who argue that gotten no support for home care which port. there ought not be any shared respon­ Mr. DASCHLE. I hope we will have a is the most cost-effective and humane sibility, that the entire brunt of the way, so often, to give care for long­ serious discussion about cost savings costs of health be put on the shoulders and I hope we can agree on one thing as term problems and for older citizens. of every working family. So they would Because of stories like that, Penn­ it relates to cost. I hope we can all propose we shift from a status quo agree we will not support any plan sylvanians gave a verdict a few years mandate to a family mandate. I do not ago when they sent me here on whether which fails to produce at least the sav­ think that is any more acceptable. I ings that have been laid out in the to reform our health care system. They hope we have the chance to talk about did not know exactly what the plan Clinton plan. Let us use that as the that a lot more in the future. base, the threshold. Let us assume we should be that would reach the goal So, let us be clear about what the they knew, but they knew they wanted cannot provide any credibility to any polls really say. They say the Amer­ other plan that does not at least to have health care reform reach that ican people want us to solve this prob­ goal. . achieve the savings in the Clinton plan. lem. They say the American people So now we have the great oppor­ The Health and Human Services re­ question we have what it takes to do tunity within our reach, we have the port breaks down the costs between it. That is what they say. They say opportunity to go forward. We have a employers and employees. It raises the they want us to solve this problem. So President and a Congress, we have issue, as well, of an employer mandate; let us look at the opportunity that is Democrats and a goodly number of Re­ the "M" word-mandate. There are now before us in the coming weeks and publicans working on the question of those who would have us believe we months as just that, as an opportunity how to do it. But as we have that op­ could avoid the "M" word, this man­ to provide private health insurance to portunity before us, the historic pro­ date. But those who do ignore the man­ every American family; to demonstrate ponents of reform are trying to change date we have in our current system. We our ability to govern; to tell the Amer­ the clock back, the same special inter­ have a mandate in our current system ican people that there are times when ests who fought against Medicare, who that is often overlooked. It is there we can put politics aside as Democrats beat Harry Truman and even Richard every day, and we are blind to it so and as Republicans, and do it right. Nixon with scare tactics about social­ often, but it is there in the most in­ I yield the floor. ized medicine. equitable way. Mr. WOFFORD addressed the Chair. But there is another way to keep us I ask unanimous consent for 3 addi­ The PRESIDENT pro tempore. Under from moving forward. Now some people tional minutes. the order, the Senator from Pennsylva­ in Washington want to keep talking The PRESIDENT pro tempore. Is nia [Mr. WOFFORD] is recognized for not about health care reform as if it is an­ there objection? The Chair hears no ob­ to exceed 30 minutes. other political horse race. This week, jection. they are talking about polls and where The Senator is recognized for 3 addi­ the President's health care plan stands tional minutes. HEALTH CARE in the polls. It should come as no sur­ Mr. DASCHLE. The mandate I am re­ Mr. WOFFORD. Mr. President, quite prise to anyone who has run for office ferring to, of course, is the status quo often on these Thursday mornings, or that the Health Insurance Association mandate, the mandate that says those on other days, I have come to the Sen­ of America got its money's worth out who pay will pay for those who do not ate floor, and often with the Senator of their spokesmodels, Harry and Lou­ pay. from South Dakota, who is giving such ise. ______.._.,.... ·-- ··r-· ,_ -- --'T·...... -.~·--n~-.------·- - ·-- .

March 3, 1994 CONGRESSIONAL RECORD-SENATE 3753 People in this city are experts in from the confusion and the complexity native? How will they bring down the moving poll numbers. That is how they of the insider's game and go back to cost of health insurance that is break­ get here in the first place. So let us not the basics, to the simple questions ing our national budget, but, even act surprised that the Health Insurance which truly define the health care de­ more importantly, is affecting the bur­ Associations' millions of dollars in de­ bate, questions which point to the key den and the budget of every family, ceptive TV ads, financed by premium elements of any solution to the prob­ every business, every State and local dollars paid by their own customers, lem. government in this country? have served their purpose: To turn To make their work easier, I offer Then how do we make sure that skepticism into cynicism, confusion these five key questions that they and Americans have the ability to choose into fear. all of us must answer: How do you their own doctors? Many of our col­ This afternoon, our Republican col­ guarantee private health insurance to leagues love to talk about the impor­ leagues are going to Annapolis for a every American? It is easy to share the tance of choice of doctors. I agree with health care retreat, an attempt to goal of universal health care. Let us all them. But like our friends, Harry and reach consensus on health care reform. very firmly agree that health insur­ Louise-our friends on the other side of I am glad they are going to do this, and ance for every American is our goal. I the aisle have talked about that-they I wish them well. It is an important de­ think a strong majority of us in this do not seem to realize that more and velopment that they are spending a body agree with that, but how are we more people are losing or do not have weekend on what to do about health and how do you, my Republican col­ that choice of doctor today. More and care. A few years ago, many Repub­ leagues, propose to proceed, and are more companies are turning to the low­ licans dismissed the importance of you ready to take the steps needed to est costs HMO with a limited list of health care reform, and I doubt that reach that goal? doctors and saying, take it or leave it. they would have done this. I also would The President and 31 cosponsors of A recent study by KPMG Peat not have imagined 3 years ago so many the Health Security Act have spelled Marwick revealed that, as recently as Republican colleagues would be sup­ out how to make that guarantee of pri­ 1988, 73 percent of all employer plans porting proposals that do go a signifi­ vate health insurance a reality. How allowed individuals to choose their own cant, remarkable distance further to­ would my Republican colleagues do it? doctor. But by 1993, only 49 percent of ward Harry Truman's goal of guaran­ We would build on the present Amer­ employer-paid health plans still give teeing private health insurance for all ican system of employer-employee mu­ that choice, and the trend is only going Americans. They do not go far enough tual contribution, which is a fact of life stronger. It is going down to less and yet, but they have gone a good dis­ for a great majority of Americans with less choice of your own doctor unless tance. health insurance today. We would build we do something. The progress we have made is real. on it and extend it to all working Our proposed Health Security Act The common ground is important. Americans. How do my Republican col­ does something. It provides that every leagues propose to do it? Many Republicans are very serious Then how do we plan and how do you, American in health insurance purchas­ about this issue and want to be con­ my Republican colleagues, plan to con­ ing cooperatives, called alliances, will structive, and I am counting on them trol the costs of health care? Many Re­ have a menu of choice that always to help us to succeed together. publicans supported the balanced budg­ must include a plan to choose your own So it is good for them to leave Wash­ et amendment but oppose real cost doctor and which provides competition ington for a couple of days because control in health care. I cannot rec­ so that you are likely to be able to find whenever we go beyond the beltway oncile those positions. We cannot end your own doctor in a number of plans. and listen to our fellow Americans, the Federal deficit without controlling This proposal will increase the choice wherever we are-back home or in An­ the skyrocketing costs of Medicaid and of plans and the choice of your own napoli&-we see that they do not share Medicare. But you cannot simply cap doctor for Americans, and I wish to see Washington's view of health care re­ those entitlements because all that the alternatives that will help stop the form as a spectator sport. People want will do is to shift costs on to the pri­ trend that is taking that fundamental information, that is for sure, a lot vate sector and make the burden on choice more and more from the Amer- more information than they can get in business and families and individuals ican people. · the 30-second ad, but they are not in­ even heavier. Paying customers will So I ask our Republican colleagues to terested in which party wins, which . pay more and more to cover the unin­ help us reverse that trend and tell us loses. And the latest punditry in poll sured and the underinsured. That is not how they would do so, if they do not number&-who is up and down-may fair and it is not smart. want to go the route that we have pro­ have been interesting in Lillehammer, The President's Health Security Act posed. but the Winter Olympics are now over proposes very specific ways in which Then are you, my Republican col­ and it is time for spring planting and it we will bring down the inflation in leagues, prepared to enact real health is time for a crop this summer that health care costs. It proposes a struc­ insurance reform? Under the current will give the American people their ture of competition of the private system, insurance companies have the long-sought goal of universal health in­ health care plans for purchasing pools power to jack up rates, especially on surance. that will be our purchasing pools. It older ci tizen&-eharge them four times I find that what citizens really want proposes a structure of consumer co­ what younger citizens are charged-to to know is whether their health insur­ operatives that put the consumers in cut off coverage for people with pre­ ance cannot be taken away, whether the driver's seat and no longer leave existing conditions, and establish lim­ they can choose their own health plan, the choice of health plans just to em­ its on the amount of benefits people whether their premiums are going to ployers and to insurance companies. can receive. Are you ready to enact continue to go up and up. We propose standby backup premium real insurance reform that not only Americans are justifiably confused caps. Insurance companies in other prohibits these insurance company about how any particular health plan field&-automobile insurance, worker's practices but establishes a system that will work. But they know what they compensation-are used to limits on finally puts consumers in the driver's want. To put it simply, they want what the amount they can increase each seat instead of the insurance compa­ we have, what Senators and Members year. We would propose some standby nies. of Congress and 9 million other Federal limits on how much premiums can in­ Finally, for today, of the five ques­ employees have-a menu of affordable crease each year, how much they can tions I am contributing to our Repub­ health plans in which both the em­ increase beyond the cost-of-living in­ lican colleagues' retreat, what will you ployer and the employees contribute. crease. do to protect older citizens? Whatever So I hope our Republican colleagues But what do our Republican col­ its shortcomings, Medicare is one of will use this opportunity to back away leagues propose? What is their alter- the most successful programs ever ere- 79--{)59 0-97 Vol. 140 (Pt. 3) 27 3754 CONGRESSIONAL RECORD-SENATE March 3, 1994 ated. Every serious health reform plan tern more equitable, more efficient, ing the ACLU's issuance of its memo calls for savings for Medicare. and less costly." the administration has proposed it~ What will you, my Republican col­ We can do it, Mr. President. Let us own version of a three-time-loser law leagues, do to protect the seniors who do it. which is substantially narrower than depend on Medicare? Will you include a I yield the floor. the versions passed by the Senate· prescription drug benefit as the Health The PRESIDENT pro tempore. Under Fifth, increased mandatory min,imum Security Act does? What will you do the order previously entered, the Sen­ sentencing for violent offenders· about long-term care? Will you take ator from Utah [Mr. HATCH] has control Sixth, enhanced maximum p~nal ties some steps to make that more avail­ of not to exceed 10 minutes. for ~u~erou~ offenses including drug able? And, particularly, will you take Mr. HATCH. I thank the Chair. dealmg m prison and drug dealing near steps to provide assistance for home schools; care, family home care? RETENTION OF TOUGH Seventh, a funding mechanism to in­ I think that most of us want biparti­ PROVISIONS OF THE CRIME BILL sure that the $22.8 billion promised in san action on health care reform, but Mr: HATCH. Mr. President, despite the bill is actually delivered. They real health care reform requires an­ President Clinton's rhetorical support would do away with that as well. swers to these questions. I put propos­ Eighth, a proposal for the expedited for . co?gres~ional passage of a strong a~s removal of alien terrorists· from Democrats like Representa­ a?tiCrime bill, the prevaili.ng view in­ tive C?OPER to this same test, asking Ninth, expedited dep~rtation of Side the beltway is that weakening criminal aliens; how Will they advance toward the goal changes wili be made to the Senate­ of guaranteed, affordable, private Tenth, requiring State and local gov­ pa~sed bill to soften liberal opposition. health insurance for every American. ernment to cooperate with INS offi­ After all, that is really the point of a This $22.8 billion measure still awaits cials in immigration cases· action in the House of Representatives Eleventh, a prohibition' on payment strategic retreat like the one our col­ and, following House action, the meas­ league~ ar_e about to have, that is going of non-health-related Federal benefits to begm m Annapolis. It is to figure ure will be sent to a conference com­ to illegal aliens; out how to advance. · mittee. What remains to be seen is how Twelfth, criminalizing the direct sup­ I hope we will advance, and we will many of the tough provisions in the port of terrorist activities; advance together. The logic of the facts Senate bill will survive the conference '_l'hirteenth, grants to States for pre­ with the other body. demand it; the American people de­ Representatives from more tha:h 20 trial drug testing; mand it, because for all the efforts to organizations, including civil rights Fourteenth, postconviction drug confuse this issue and to highlight how and criminal defense organizations, testing of Federal offenders· complicated it all is, the bottom line is have reportedly begun weekly meetings Fifteenth, grants to Stat~s for boot- really very simple. Complexity is often camps; to devel~p strategies for winning major Sixteenth, a requirement that court the last excuse of those who want to do changes m the Senate crime bill. These nothing. clerks report cash bail postings in ex­ So help us answer these questions, groups took heart in the fact that cess of $10,000; my colleagues. They will not be easy to President Clinton did not explicitly en­ Seventeenth, voluntary motor vehi­ dorse the Senate crime bill or most of a answer. It is complicated but we can cle theft prevention program· do it if we move together'and we do it its measures. According to the Wash­ Eighteenth, changes to the rules of with determination, and if we tap the ington director of the American Civil evidence to make evidence of similar Liberties Union, "There's enough wig­ better angels of our nature. To cite the cri~es admissible in sex offense cases; great Republican who showed us how gle room to give everybody the politi­ Nmeteenth, judicial restrictions on to bind up the wounds of the Nation cal capital they need.'' Congressional the scope and availability of prison and, "with malice toward none," move Quarterly, January 29, 1994. This is the caps; forward to achieve the goals of this sort of political wiggling and com­ Twentieth, violence against women Union. promising law abiding Americans can proposals including mandatory restitu­ ill afford. The other day the head of the Con­ The ACLU has declared the Senate's tion to victims of sexual assault and gr~ssional Budget Office, Dr. 95 to 4 passage of the crime bill "a HIV testing of defendants in sex offense Reischauer, at the end of his testi­ shocking demonstration of excess in a cases. mony, said he hoped the facts that he politically charged atmosphere." The I cannot for the life of me understand was contributing, and the facts that we ACLU has examined the bill and, in a why they are against all of these need to get together and look at hard recent memorandum, has targeted things. But that is the Biden-Hatch would not torpedo this opportunity fo; more than 25 significant proposals for bill, and we think it is long overdue. Twenty-first, a prohibition against fundamental health care reform but in­ elimination or significant revision cit­ stead would be used to build a reform ing "major civil liberties concerns." the improper disclosure of information that achieves what our economy and These measures include the organiza­ obtained through a wiretap; our country need. tion's longstanding target-the death Twenty-second, a measure which in­ He said he hoped that someday those penalty. As well, several other popu­ sures that victims of crime will have of us who have something to do with larly supported criminal justice re­ the right to address the court prior to t~is legislation in these next months sentencing; fo:~s, such as enhanced mandatory Will be able to do what a congressional mmimum sentences for violent offend­ Twenty-third, prohibitions against committee did when it visited the Lyn­ ers and increased victims rights pro­ the obstruction or interference with a don Johnson Library and looked at the posals have been targeted. lawful hunt on Federal land· exhibit on the Medicare bill and the The proposals which the ACLU dis­ Twenty-fourth, a study r~quiring the signing of the Medicare bill, and were approves of are as follows: Attorney General to study the ways in able to turn to their grandchildren and First, a comprehensive Federal death which antiloitering laws can be used to say, "That is something that I contrib­ penalty for heinous crimes including fight crime without violating one's uted to, to the well-being of this coun­ terrorism, espionage, and large scale constitutional rights and to prepare a try, to the common good of America " drug trafficking; model antiloitering statute; and He said he hoped someday those of ~s Second, prosecution of violent teen­ '!'wenty-fifth, a prohibition against who have this opportunity today to agers as adults; prisoners receiving low-income higher craft this legislation, with our grand­ Third, federalizing serious gang of- education grants. ' ~hildre.n in t?w will be able to say, fenses; · As Congress moves closer to final Here IS the bill that in 1994 we put to­ Fourth, the Republican version of the passage of the crime bill, members gether which made our health care sys- three-time-loser bill. Ironically, follow- must resolve whether they will come March 3, 1994 CONGRESSIONAL RECORD-SENATE 3755 down on the side of strong law enforce­ tribution offenses. Yet, most drug vitamins, vitamins which can prevent ment and victims or on the side of the cases are still prosecuted at the State heart disease, cancer, cataracts, and ACLU. It will be interesting to see and local level. This is because the other conditions associated with aging. what transpires. Federal law enforcement agencies have What is significant about this event We need President Clinton to speak worked in a coordinated manner with is that these scientists and the Alli­ out specifically in favor of the tough local officials so that the U.S. re­ ance for Aging Research are being provisions in the Senate's crime bill. sources can be used most effectively. forced to have a press conference to I can see maybe differences over one This is precisely what we intend to see publicize antioxidants, because the or two of them, but not 25. happen with our amendment. FDA has refused to tell the public Without his leadership, I fear these The Post also argues that there is about their benefits. In fact, this is not provisions will come under attack in not enough Federal prison space and an error of omission, but rather one of the other body and in Congress. that the FBI doesn't have the man­ commission. The FDA has specifically power to take up these cases. It is true turned down requests to approve a that the administration's policies and health claim for antioxidants. THE NEED TO RETAIN THE ANTI­ budget priori ties diminishes our Fed­ Some of my colleagues may have GANG PROVISION OF THE CRIME eral law enforcement presence. But seen a segment about this on the BILL Congress cannot let the administra­ Today show this morning. Dr. Jeff Mr. HATCH. Mr. President, today's tion's inadequate commitment to Fed­ Blumberg from Tufts University, rep­ Washington Post contains an editorial eral law enforcement dictate the scope resenting the 11 scientists, made an ex­ critical of the Senate passed Dole­ and strength of its anticrime proposals. cellent presentation which really drove Hatch antigang amendment writing It should be noted that President home two important points: First, the that it: Clinton's proposed fiscal year 1995 FDA has set up barriers so that con­ Would cause a major restructuring of budget cuts the Bureau of Prisons con­ sumers simply cannot receive informa­ criminal law enforcement that is unneces­ struction and operation budget by over tion about the benefits of dietary sup­ sary and for which the federal system is not $78 million, a cut of nearly 30 percent. plements; and second, good nutrition is prepared. The President's budget also cuts 1,523 important, but diet alone cannot sup­ Mr. President, I · believe our gang Department of Justice law enforcement ply the recommended level of anti­ amendment is necessary and if Federal agency positions. The FBI will lose 847 oxidants. Supplements are also needed. law enforcement is not prepared, as the positions, the Drug Enforcement Agen­ I want to commend the Alliance, Post opines, the responsibility for this cy will lose 355, the Department's which is the first public health organi­ current erosion of Federal law enforce­ Criminal Division will lose 28, the Or­ zation to issue recommended daily ment rests with the Clinton adminis­ ganized Crime Drug Enforcement Task antioxidant levels through a combina­ tration. Forces will lose 150, and Federal pros­ tion of diet and supplementation. Their Our antigang amendment responds to ecutors will lose 143 positions. Absent bold step to protect the public health is the epidemic of gang violence which is these cuts, there are already 431 fewer an action the FDA should emulate. gripping our Nation's urban and rural FBI agents and 301 fewer DEA agents Mr. KERREY addressed the Chair. areas. Our Nation's heartland is wit­ today than there were in 1992. Not a The PRESIDENT pro tempore. The nessing an unprecedented growth in single new agent has been hired by ei­ Senator from Nebraska [Mr. KERREY] is gang violence-a scourge known all too ther the FBI or the DEA since 1992; recognized for not to exceed 10 min­ well to cities like Los Angeles and New none, according to the President's utes. York City. budget, will be hired until at least 1996. The an tigang amendment makes it a If the President truly wants to pro­ THE CRIME BILL Federal offense to engage in gang-re­ vide the States the assistance they lated crime and subjects gang members need in fighting gang violence, both fi­ Mr. KERREY. Mr. President, if I to tough mandatory minimum pen­ nancial support and jurisdictional sup­ might just respond to the good state­ al ties. I can think of no area where port, then he should voice his support ment of the distinguished Senator from there is a greater Federal interest than the Dole-Hatch-Brown antigang Utah that he just made on crime, I in assisting the States in the prosecu­ amendment to the crime bill. So too share, as I suspect everybody in the tion and incarceration of violent of­ should he reassess these dangerous cuts Midwest does, his concern for rising fenders. This is especially true given to law enforcement. crime, particularly rising adolescent that much of the drugs and firearms crime. used by gangs in States like Utah cross I also point out that much of the di­ State lines. THE DIETARY SUPPLEMENT lemma that we are going to face in law The administration recognizes the INDUSTRY enforcement, as the distinguished Sen­ need for a Federal role in this area. Mr. HATCH. Mr. President, before I ator just pointed out, is with reference Only 2 days ago, the administration an­ close, let me take this opportunity to to the FBI, which has not hired, it is nounced that it would be mounting a express my views on an issue which I my understanding, since March 1992, an major Federal antigang initiative know is also of deep concern to this additional agent. Much of that is which would target our Nation's most body: The Food and Drug Administra­ caused by the budget caps that have violent gangs. According to a Justice tion's continued efforts to persecute been imposed. Department memo, reported in the the dietary supplement industry. The I am prepared to work with the Sen­ March 1, 1994 edition of the Post, "Now FDA's persistent hyper-regulatory zeal ator from Utah and others who are con­ when a gang member is caught, law en­ in removing products from the market cerned about how we provide resources forcement officials will decide whether and limiting consumer access to legiti­ that are consistent with their own he should be prosecuted in Federal mate scientific information never fails caps. We all talk about crime. We all court." to amaze me. talk about wanting to provide addi­ The first responsibility of Govern­ The urgent need prompting my legis­ tional resources. We just had the Bu­ ment is to ensure the safety of the pub­ lation-S. 784-to create a rational reg­ reau of Alcohol, Tobacco, and Firearms lic. I submit that the Federal Govern­ ulatory environment for dietary sup­ before the Appropriations Committee ment's role in ensuring our safety must plements is being underscored this yesterday. We are asking for more be measured by more than just grant morning. money for the Achilles Task Force and dollars. The Federal Government, as a Eleven of America's foremost sci­ we are asking for continued support for result of the Controlled Substance Act, entists, acting at the behest of the Al­ our program called the Gang Resist­ has jurisdiction over virtually all drug liance for Aging Research, issued a rec­ ance Education and Training Program, trafficking, manufacturing, and dis- ommended daily level for antioxidant both of which are the very sorts of col- 3756 CONGRESSIONAL RECORD-SENATE March 3, 1994 laborative efforts that the distin­ fusing as described. There are 11 sec­ one of us, in my judgment, through the guished Senator is trying to develop. tions in it. Yes, the legislation is long. increased cost of taxation. But it af­ The dilemma is we have caps that are It is 1,300 or 1,400 pages. But it seems to fects a sufficient number of Americans going to force us really to engage in a me on an issue this important, we in a very terrifying and real form who debate about what our priorities are. It should not expect to get three or four wonder whether or not they are going seems to me that particularly, for ex­ pages of law. It is long; it is thought­ to get care for us to act as well. ample, in Omaha, NE, since 1985, 1986, ful; it is detailed; and it specifies how Mr. President, there are four areas and 1987, in that range, our city was in­ the bills are to be paid. And it provides where I am going to focus my atten­ vaded by crack cocaine. We all know for universal coverage. tion. The first is in the area of insur­ from our own hearings and discussions I have found, in my own presen­ ance reform. The insurance industry with law enforcement officers how tations to audiences, that when they has changed dramatically from 3 years crack cocaine has changed the nature are presented with the facts of what is ago. They are saying: We will accept of law enforcement. It just seems to me in the bill, No. 1, they say, "Gosh, this the need for community rating and ac­ as well that we have not really been is not as confusing as I thought." And, cept the need for comprehensive uni­ terribly realistic about the need to pro­ second, they say, "I am sort of com­ formity in benefits at the national vide the resources commensurate with forted by the language. It is not as ob­ level. We need to lock that reform in. I our own urgency, at least as expressed scure as I thought." believe we can get agreement between by our speeches. I heard the distinguished President the Republicans and Democrats on that Unless we do, Mr. President, it seems pro tempore, the occupant of the chair, issue and find common ground so the to me that we are going to have to dis­ talk at length about the need for us to American people can begin to get a lit­ close to the American people that understand the law. And thus I think it tle less confused about what it is that there is a lot of hypocrisy in our words, is very important in this debate for we support. and that we do not really mean what Americans really to become familiar Second, the welfare system is broken. we say. We will talk about crime, and with this proposal. The Medicaid system traps people, then not foilow through. I myself want to amend the bill, want makes it difficult for people to get Mr. HATCH. Mr. President, will the to make changes in this legislation. back into the work force and encour­ Senator yield on that point? But it is rather difficult for me to ages the wrong kind of behavior. We Mr. KERREY. Certainly. I am happy make changes unless I know what is in need to reform that system, Mr. Presi­ to yield. it. dent, and disclose to the American peo­ Mr. HATCH. We actually have the It is interesting as you watch the ple that all of us pay for health care money in this bill because of the genius critics. I see in one week the Business through our tax system; and disclose to of the distinguished Senator from West Roundtable says, "We won't support the American people that if you have Virginia in providing for that $22.3 bil­ the President's bill because it does too household income of, say, $30,000 a lion. much." The next week, the American year, it is apt that you are already I agree with the distinguished Sen­ Association of Retired People says, paying $3,000 or $4,000 through your tax ator from Nebraska. We have to put "We will not support the bill because it system. We need to disclose that so our money where our mouths are in does too little." that we can design a means to allow in­ this matter because we can no longer That, it seems to me, sort of frames dividuals who are receiving State and allow rampant crime. the argument. We are going to have Federal payments for health care in I want to thank my dear colleague people opposed to the legislation be­ low-income categories to move back for his kind remarks. cause it does not do enough, or we will into the work force. It is relatively Mr. KERREY. I appreciate that. have people opposing it because it does easy to envision a way to do that with too much. We have to figure out how to merely a sliding scale, using the tax change this piece of legislation so we system to adjust the subsidy as an in­ HEALTH CARE LEGISLATION can pass it. We cannot allow the status dividual goes back to work. Mr. KERREY. Mr. President, I come quo to continue. We know that, Mr. I do not like the idea, Mr. President, today to discuss briefly the health care President. of having somebody sit out there and debate. The mandated spending on health say that you have to meet this arbi­ The Republican Members of this body care, Medicare, and Medicaid will in­ trary guideline of 100 percent or 200 are having a retreat. I think those of crease another $30 billion from last percent. Use our tax system. It is rel­ us on the other side of the aisle need to year to this. The principal reason we atively easy for me to imagine a com­ listen very carefully when they come are struggling to find money for crime promise between Republicans and back from their retreat as to what they and transportation and economic de­ Democrats on Medicaid reform. There are willing to do. The one thing that I velopment and education is that these is an urgent need to do it. Because it believe strongly about health care health care programs are squeezing out has long-term care in it, we can ad­ today is that the American people can­ these other spending i terns. The domes­ dress that rather difficult problem si­ not afford in 1994 for us to do nothing; tic accounts will all go down in total multaneously, I hope. that we have to have the wisdom and this year; whereas, the mandated pro­ The third area is that I think there is the perseverance necessary to put to­ grams are all going to go up. We have generalized agreement that rather than gether a piece of legislation that has no change. We know that. having the Government regulate price both Republicans and Democrats on it. People are still out there with pre­ and do cost control, we need to move in We ought to give some on this side of existing conditions. Individuals are ra­ a direction where individuals are tak­ the aisle, and they ought to give some tioning their care. Americans at age 55 ing more risk, where individuals are on their side of the aisle in an effort to are praying that nothing happens to getting information about price and enact legislation. them for the 10 years before they be­ quality and making decisions based on Mr. President, since the President in­ come eligible for Medicare. People are that information. That is what the troduced his legislation which he pre­ confused about the current system. President has talked about over and sented to the American people last fall, There are businesses that are unable to over again. His critics say he wants to I have made an effort to learn what is purchase a product, and there are all have the Government do it. That is not in that bill. I view the President's bill kinds of freezes beyond our own budget true. There is an agreement between as the vehicle for action. He, after all, for us to take action. the Republicans and Democrats that is the President. He has spent a great We do not have to wait for a problem we need to move away from Govern­ deal of take time looking at that issue. to affect a majority of us; it need not ment regulation of health care and in He has presented a very thoughtful affect 60 percent or 51 percent of the the direction of having individuals piece of legislation, frankly not as con- American people. This affects every make more decisions about price and March 3, 1994 CONGRESSIONAL RECORD-SENATE 3757 quality. A relatively small number of has sold over 20 million albums in his know about it. He donates his time to adjustments in our Tax Code would impressive 27-year career, and who con­ remind our children of the dangers of provide those incentives. And, again, I tinues to sell out arenas and stadiums drug and alcohol abuse. see consensus emerging between Demo­ across the globe. His musical abilities Madam President, I said that Ted crats and Republicans to do it. are truly legendary. leads by example. DARE could not The last area is the area of account­ Madam President, I know a different have a better example. Ted Nugent ability. The system is not very ac­ Ted Nugent. Ted Nugent is a hunter never had a drink of alcohol, never countable, whether the issue is an indi­ who happens to be a rock star, not a smoked, and never used drugs in his vidual that has been injured and wants rock star who happens to be a hunter. life-this is in an industry known to be damages through a tort system that is I teamed up with Ted last fall to completely surrounded by all of these difficult, or whether a provider is try­ launch a program called Hunters for events. ing to defend against some very unrea­ the Hungry in Wyoming. The program Ted is also a founder of a something sonable and silly lawsuits, or whether, is classically simple. It is all volunteer. called KAMP for kids. It is a place Mr. President, you are talking about Hunters and their families team up where youngsters in America learn the the accountability provided by us as with meat processors across the State importance of the out of doors and politicians by telling the American to distribute game meat that they har­ woodsmanship and conservation. His people how we are paying the bill, vest to the tables of the hungry. The antidrug message is a cornerstone of there is an urgent need to provide a success was absolutely phenomenal. Al­ that organization. simplified way for individuals to come though the final numbers are not yet I encourage any family in America and appeal a decision that is negative, in, Becky Massengill, president of the with children to look into this truly either by an insurance company or by Wyoming Food Bank, tells me that in wonderful program. Once again, it is Federal payer benefits. We cannot have this first year of the Hunters for the free from the twisting, strangling arms Americans flying to Baltimore, MD, or Hungry Program, Wyoming hunters do­ of Government. It is the brain-child of to some insurance company head­ nated thousands of pounds of game a great American entertainer. quarters, to appeal. We know account­ meat to hungry families in our State. Ted's message is being heard through ability is something we can lock in I know it seems strange to some a variety of media. He is not only an with Republican and Democratic sup­ Members of Congress that we did not accomplished author but is the editor port. build a single Federal bureaucracy in and publisher of his own outdoors mag­ In conclusion, Mr. President, I really order to achieve these amazing results. azine. He is heard on hundreds of radio think there is consensus in this body, There was no big Government and no stations throughout the country as the and I will listen with a great deal of in­ redtape. Let me emphasize again that official rock and roll hunting conserva­ terest when the Republicans come back it was all volunteer. And it is a testa­ tion representative for Rush Lim­ off of their retreat. I know a majority ment for what reinventing government baugh's program. of Republicans want to enact legisla­ should be all about. Get government So I would just say, Madam Presi­ tion this year. Our job is to write law, out of the way, and people can do in­ dent, to Ted Nugent, thank you for Mr. President. This Senate sometimes credible things. your message, thank you most of all does not do that. We have an oppor­ Ted Nugent flew out to our great for your unselfish actions, thank you tunity, I think, to lead now-to lead by cowboy State, and we began with a very much for being a tremendous ex­ doing the hard work of looking at the rally at the University of Wyoming, ample to youngsters in America who law, ignoring the rhetoric, and looking where Ted mesmerized an audience of love rock music and see that it can be at the detail of this legislation and college students and their friends with done without filth, without drugs, coming together to try to provide the his music and his presence. He empha­ without alcohol, with a great example, American people in fact exactly what sized the importance of hunting in with the enthusiasm and fun which is they want, which is comprehensive America and how it builds strength in what music should always be. coverage for every single American, family members. It is a family value, Let me say once again Ted Nugent is and a system they can understand. especially in a State such as ours. a hunter who just happens to a rock Several Senators addressed the Ted and I then embarked on an ante­ star, a rock star who is an example for Chair. lope hunt as guests of Deborah all of us, hunters or not. The PRESIDING OFFICER (Mrs. Bradbury at the Bradbury Ranch in Madam President, I yield the floor. MURRAY). Under the order, Mr. WALLOP Glenrock, WY. Our hunt-our amusing The PRESIDING OFFICER. The ma­ is to be recognized for up to 10 minutes. and exciting hunt-was captured by the jority leader. Mr. REID. Parliamentary inquiry, Nashville Network's "Celebrity Out­ Madam President. doors" program which aired last Mr. WALLOP. I am happy to yield for month. HEALTH CARE FOR ALL that purpose. After a successful hunt, we donated Mr. MITCHELL. Madam President, Mr. REID. Madam President, I have our game to the Wyoming Food Bank. today and tomorrow, the Senate Re­ had a number of people come to me. What most impressed me about Ted publicans will attend a meeting on The Senator from Colorado has a cou­ Nugent is his commitment to the real health care. Senator DOLE asked me to ple minutes he would like to speak, and America. His message is clear. He cares adjust the Senate schedule to accom­ Senator DASCHLE wants to speak. We about our country. He cares about our modate their meeting. I was happy to will raise that after the Senator com­ family, his family, and others of Amer­ do so. Democrats have had many such pletes his. ica, and he leads by example. meetings on this issue and will have In an industry that is filled with self­ many more. I commend Senator DOLE importance and has been the topic of and other Republican leaders for their A TRIBUTE TO TED NUGENT some conversation within the Senate attention to this critical matter. There Mr. WALLOP. Madam President, and within Congress, he has avoided all is no issue more urgent, no concern once in a while on this floor, we have the self-importance, all the greed, all more pressing to American families the privilege to leave politics behind the moral corruption, and stands out than the need to reform our Nation's and recognize outstanding achieve­ above it. He is a cheerleader for the health care system. ments of Americans. So today I would real hard-working folks, the law-abid­ While there are many points on like to pay tribute to a great friend ing folks of America. which we disagree, Democrats and and a great American, Mr. Ted Nugent. He is so committed to America's chil­ many Republicans share a commitment A few Senators, and most of their chil­ dren that he is a national spokesman to assure that every American has pri­ dren, will know him as one of the for the Drug Abuse Resistance Pro­ vate health insurance that cannot be world's great rock stars, a man who gram called DARE. Many Senators taken away. 3758 CONGRESSIONAL RECORD-SENATE March 3, 1994 Nearly 40 million Americans have no tive because it is too difficult, because dustrial injury and, as a result of that, health insurance, millions of others-in there is no perfect plan, because some she lost her health insurance. The fact, nearly all Americans-fear losing will have to change their business prac­ week that she was ready to go back to coverage if they become seriously ill or tices or because the way health care is work, she found that she had leukemia. lose their job. delivered will have to be changed. Well, Madam President, I wish I Many Americans have the most basic Maintaining the status quo ought not could report to the people of Nevada, decisions of their life dominated by to be an option. Tinkering around the this Senate, and the people of America concerns about the cost of health care. edges ought not to be an option. Nei­ that Erin, who I saw back here so ener­ Whether to marry. Whether to have ther will address the fundamental prob­ getic, so vibrant, was still that way. children. Where to work. Where to live. lems of full coverage for all Americans But she is not. These fundamental decisions of life and controlling costs. Two weeks after I met her here in should not be dictated by concerns I believe that we can- ! believe that Washington, I went to Reno and I went about health insurance. But in the cur­ we must-work together to achieve our to her home to visit her. She at that rent system, for many Americans they common objectives during this Con­ time was bedridden. She at that time are. gress. had come out of remission and was ex­ In 1960, the United States spent $27 We can reform our health care sys­ tremely ill. She was laying on a sofa, billion on health care. This year health tem. It will be done so long as all of covered with an electric blanket. The care spending is expected to rise to $950 those involved remain focused on our vibrancy I saw in her here was gone, billion. common goal to provide affordable and in Reno it looked as if she were a Those numbers are so staggering that health care to all of our citizens and different person. they bear repeating. From $27 billion a not be distracted by those things on We visited and she was afraid. We year in 1960 to $950 billion a year this which we disagree. held hands and talked. Her family was year. So I wish the Republicans well during around her. These costs are unsustainable_ for their health care meeting and I hope You see, the reason this story is so Federal and State governments, for they will return from that meeting tragic is that she could have had a businesses, and for American families. with a commitment to work with bone marrow transplant. She had a per­ President Clinton has proposed to re­ Democrats to enact comprehensive fect donor. But that can only take form the system. Every Member of health care reform legislation this place when she is in remission. Congress knows that reform must year- legislation which includes the Through the bureaucratic mess that come. And the American people are de­ one essential element for all Ameri­ she found herself in, created by the manding reform-reform which will as­ cans, health insurance for every Amer­ Government and insurance companies, sure them the security of health care ican that is permanent, that is guaran­ she was unable to have her bone nar­ insurance that is permanent, guaran­ teed, and that can never be taken row transplant when she was in remis­ teed, can never be taken away. away. sion. There has been much debate about Madam President, I yield the floor. I wish I could report to everyone that the merits and the shortcomings of The PRESIDING OFFICER. The Sen­ she is still at home, but she is not. She specific provisions of the President's ator from Nevada. is in the hospital. health care plan. There has been less I talked to her sister Kelly last but similar debate about other health night. She had an extremely bad week. plans which have been introduced by HEALTH CARE CRISIS She is in intensive care. She has had Senators CHAFEE and DOLE and by Con­ Mr. REID. Madam President, I, too, problems with her heart. I hope Erin gressman COOPER and Senator BREAUX, wish the Republicans well on their re­ lives. I do not know if Erin will live. I among others. treat to discuss health care, and I do do not know if she will ever come out It is time we put aside our differences hope that they come back from that of the exacerbated condition she is in. and look to our common goals, rather health care conference energized, will­ I do not know that. No one knows that. · than concentrating our effort on only ing to work to improve health care in If she does not, she will die. She knows those provisions on which we disagree. America. that. We have talked about it. It is time that we refocus on the fun­ Madam President, there are some But it is an example, Madam Presi­ damental need for legislative action who are saying there is no health care dent, of how our system is not working. this year. The problems have not gone crisis. I want to talk about two people It is really too bad that this woman away, rather they have gotten worse. who indicate to me that they are rep­ has had to go through what she has No plan is perfect, but we cannot allow resentative of many, many hundreds of gone through. I hope that other people the perfect to be the enemy of the thousands if not millions of people who next year will not have to go through good. are sick and certainly cry out that what she has been through. Nearly every industrialized nation in there is a health care crisis. I wish that she were the only case the world provides health care to its Madam President, I want to put a like this in the entire of America, but citizens. Each nation's plan is dif­ face on this principle we talk about, she is not. There are lots of Erin ferent, based on the economic needs health care. Do wells in America today. and the social customs of its people. The first face that I want to establish I am going to work and I am going to None of these systems is without prob­ is a 27-year-old woman from Reno, NV. hope that Erin will come out of the se­ lems. Each of these nations struggles Her name is Erin Dowell. I first met rious condition she is in, will be re­ to control its health care costs. And Erin about a month ago here in Wash­ moved from intensive care and get many continue to revise their health ington. She was here testifying about back into an acute care bed and finally care systems in an effort to meet the the high cost of medical care. be able to go home, and, hopefully, the changing health and economic needs of When I first met her in Washington, leukemia will go into remission and its people. she was a vibrant, energetic, extremely that she will be able to have this bone The lesson for the United States attractive red-headed woman, who was marrow transplant. There is a perfect must be a commitment to develop a so full of life. She had at that time leu­ match waiting to give this life-saving way to assure to every American the kemia, a specific kind of leukemia. She sustenance to Erin. I hope it works out. security of having private health insur­ told me how she had gone through the I hope others do not have to go ance that can never be taken away. We medical process, costing upward of through what she has gone through. must develop a plan that is fundamen­ $300,000. But unless we change the system, there tally an American plan, one that will When I visited with her, she was will be many other Erin Dowells. work for us. We cannot allow ourselves broke. She was one of those Americans The same week I was in Reno, to be deterred from this critical objec- caught in the system. She had an in- Madam President, I did a radio inter- March 3, 1994 CONGRESSIONAL RECORD-SENATE 3759 view that lasted half an hour. The man THE PROPOSED RENEWABLE or renewable fuel advocates. EPA is the that did the interview-! had known OXYGENATE REQUIREMENT agency that is given the responsibility him for a long time-asked me if I Mr. DASCHLE. Madam President, I to make decisions on environmental is­ could wait after the interview. He had want to state publicly how dis­ sues of this kind for all of us, taking something personal he wanted to talk appointed I am with a letter recently into account all the data and all the in­ to me about. I am not going to embar­ sent by my friend and colleague, Sen­ formation. rass him by announcing his name, but ator BILL BRADLEY, and a number of The consequences of the renewable let me give you the facts. others to the Environmental Protec­ oxygenate proposal noted by EPA He said, "Harry, I make $13,000 a year tion Agency attacking their proposed strike me as objectives that the mar­ here at this radio station. I have been renewable oxygenate requirement. In ket has thus far failed to achieve, and offered raises. I cannot take them be­ attacking the requirement, the letter which merit considerably more atten­ cause, if I took a raise, we would be makes very erroneous assertions about tion in formulating this Nation's en­ over the limit and my wife, who has 18 the economic and environmental im­ ergy policy. months to live, would be cut off medi­ pacts of promoting renewable energy. The Natural Resources Defense Coun­ cally.'' As many of my colleagues know, the cil [NRDC]. a leading environmental Madam President, the two situations EPA proposal, issued last December, organization, stated in its comments to I have just related are only two. All of would require that 30 percent of the EPA on the renewable oxygenate pro­ our senatorial offices, every congres­ oxygenated fuel used to produce refor­ posal: sional office, has stories just like this, mulated gasoline-which is used to re­ Petroleum consumption in the U.S. trans­ duce ozone pollution-shall be made portation sector is, and will likely continue stories that tear at your heartstrings. to be, at the root of compelling environ­ So it is very troubling to me to find from renewable resources. That is, 70 mental and economic concerns for the nation people who say: "There is no health percent of the oxygenates could be non­ as a whole. For these reasons, there is wide care crisis. What's wrong with the sys­ renewable. consensus that the development of competi­ tem? Why fix something that is not The commitment made by EPA came tive, environmentally benign, domestic re­ broke?'' after a tremendous amount of consider­ newable resources is desirable (some would ation and discussion of the environ­ say urgent) and would yield significant soci­ Well, I am here to say, from my per­ mental and economic objectives that etal benefits. It is also widely recognized spective, the system is broke and we could be achieved through our energy that policies specifically aimed at promoting need to do something to fix it. We can­ policy, as we move forward to create a renewable technologies may be appropriate not go on like we are going on. cleaner environment. and necessary, given that significant market You know, it is fine for us. We have barriers stand in the way of a transition As I reviewed the letter, I concluded from our current, fossil fuel dominated en­ health insurance, like other Federal that there must be a great deal of con­ employees. And millions of people in ergy economy. fusion surrounding the use of renew­ That was the NRDC. America are satisfied with their health able fuels in reformulated gasoline. I insurance benefits. But millions and The Senate letter to Administrator am concerned that there will be those Browner argues against the proposal on millions have no health insurance. Mil­ who are misled by the letter. There lions and millions are going to lose the two grounds: environmental impacts should be no mistake: This is just an­ and the effect on the taxpayers. The health insurance they have. We need to other in a long series of confrontations fix the system. It is something that concerns raised in the letter cannot between domestically produced renew­ stand up to close scrutiny. cannot be fixed by tinkering at the able fuel and our age-old dependence edges. The very premise used by EPA to jus­ upon imported fossil fuels. There are tify issuing this proposed regulation is So, Madam President, when some say differences of opinion, but there should the determination by EPA that the there is no health care crisis, have be no difference on the facts. proposed rule will improve air quality them call me and I will talk to them The letter sent to Administrator and create domestic economic benefits. about Erin, I will talk to them about Browner states that "EPA's attempt to The State and local air pollution as­ my friend at the radio station. choose the RFG 'winner' is troubling sociation cited in the Senate letter For Erin's sake and the sake of oth­ * * *, sent its own letter to Administrator ers in America like her, we must act Madam President, this is not trou­ Browner in January stating: and we must act this year. We must, bling at all. In fact it is long overdue. The intent of the association's [January Madam President, have health care re­ Allowing the market to decide winners 14) testimony was to raise several potential form. and losers in this Nation's energy use air pollution issues that we believe warrant Mr. DASCHLE addressed the Chair. has left us with the debilitating de­ consideration, not to imply opposition to the The PRESIDING OFFICER. The Sen­ pendence upon imported fossil fuels. proposal * * * STAPPA is in no way opposed None of my colleagues who support to the use of ethanol or the extent of its role ator from South Dakota. the existing tax breaks for the oil and in the RFG program. Mr. DASCHLE. Madam President, let gas industry seem to find the market a So, let there be no mistake about it. me commend the senior Senator from particularly satisfactory judge of en­ The association clearly has argued in Nevada for his powerful statement. ergy policy. I find it particularly ironic as unequivocal way as possible, that it There is no more compelling argument that at a time when imported oil prices does not oppose the use of ethanol or to be made than to talk about the faces are at historically low levels and many the extent of its role in the reformu­ of real Americans who are experiencing of my colleagues are actively discuss­ lated gasoline program. the crisis that we talk about daily on ing the need for additional tax incen­ Contrary to the assertions made in the floor so routinely. tives to boost the domestic oil and gas the letter regarding the potential im­ There is nothing routine about the industry, the EPA renewable oxygen pact on taxpayers, the proposed rule crisis that those Nevada patients are proposal, which will undoubtedly re­ will likely save American taxpayers experiencing. There is nothing routine duce oil imports, is under attack. hundreds of millions of dollars by re­ about the agony and uncertainty and EPA stated in its proposal that the ducing the need for farm support pay­ the extraordinary difficulty that they renewable oxygen requirement will re­ ments. The Department of Agriculture feel each and every day, not only that duce foreign oil imports, create invest­ has estimated those net savings to the they feel but their families feel and ment and jobs in America, reduce fossil taxpayer at over $500 million annually. that all of us who are touched by the energy use, and lower emissions of I do not think anyone should be mis­ lives of these people must feel. harmful greenhouse gases. These are led, Madam President. By reducing the The Senator has raised, again, a very assertions made by the EPA, based on costs of the farm program there will be compelling reason why health reform is a thorough analysis of the facts. They a direct and positive effect on the so critical this year. are not claims made by biased ethanol budget-the same budget that we have 3760 CONGRESSIONAL RECORD-SENATE March 3, 1994 debated in this Chamber for the last gress ever since. But we also had some 8 psi. You can see, using ETBE in the week. There is a big difference from efforts by the Bush administration summer, we cut down on the emissions the $340 million in costs asserted in the with regard to reformulated gasoline of volatile organic compounds. letter and the $500 billion annually that were not quite clear. So, on the facts, the letter sent by committed to deficit reduction that Last fall the Clinton administration, my colleague, Senator BRADLEY, is just the General Accounting Office and the I thought, finally put this issue to bed absolutely, totally wrong, and yet Department of Agriculture agree will when they issued a proposed rule in De­ states that ethanol increases pollut­ result from this program. cember that would mandate that at ants and greenhouse gases as though So, again, no one should be misled. least 30 percent of oxygenated fuels these were facts. That is not so at all. When we look at the environmental must be from renewables. That com­ Senator DASCHLE has responded on consequences that will result from this ment period closed on February 14 of the claim that the EPA rule would be renewable oxygenate requirement, and this year. We thought it was over and a drain on the Treasury. Senator BRAD­ those associations who are reported to done with, that EPA would then issue LEY says in his letter: oppose this particular plan, when we that rule that would provide that at Under the EPA mandate, this industry- look at the costs associated with im­ least 30 percent of those oxygenated ! assume meaning the ethanol indus­ plementing that plan, this year and fuels would be from renewables. try- every year hereafter-it becomes clear Then we get hit with this letter yes­ will drain the U.S. Treasury and Highway that the facts are on our side. terday, sent by my colleague from New Trust Funds of an additional $340 million an­ I encourage my colleagues who Jersey, Senator BRADLEY, to the Ad­ nually. signed this letter to reflect on the facts ministrator of EPA, Ms. Browner, ask­ Not so, absolutely not so. The fact is of this debate and reconsider their po­ ing that they not implement the rule. that under the proposed EPA rule, the sition with respect to the EPA pro­ First of all, the comment period actual tax subsidy would cost $180 mil­ posal. The proposal means a great deal closed on February 14. I submit if Sen­ lion a year, not $340 million. That is to the economic health, not only of the ator BRADLEY and others did not like just the actual subsidy. As Senator Midwest, but of the national as a the proposed rule, they should have put DASCHLE pointed out, corn deficiency whole. It represents a small, but sig­ their comments in before the end of the payments by the Government would be nificant step toward bringing domestic comment period. Everyone knew what reduced by $580 million a year in 1998 renewable fuels into the mainstream of the comment period was. So I see this and by $740 million a year by the year American energy policy-a step which I as an effort to torpedo what has al­ 2000. The net savings to U.S. taxpayers: welcome and will continue to support. ready been agreed upon in all sectors. $500 million a year. Of course, Senator I hope that a review of the record will But beyond that, the letter of Sen­ BRADLEY does not point that out in his lead my colleagues in this body to join ator BRADLEY contains egregious errors letter. me in working to achieve that objec­ of fact, as the Senator from South Da­ Lastly, I think Senator BRADLEY in tive. kota pointed out. I would like to ad­ his letter tries to imply that the use of Several Senators addressed the dress those factual errors. ethanol and its ethers are not sup­ Chair. First of all, studies have shown-and ported in the fuel industry. no one disagrees with this-that etha­ Madam President, here is a copy of a The PRESIDING OFFICER. The Sen­ magazine called Fuel Formulation, the a tor from Iowa is recognized. nol cuts carbon monoxide by at least 20 to 25 percent. Everyone agrees with January-February 1994 issue. Right that. That is not even in contention. here on the inside cover it states: RENEWABLE FUELS And yet the Bradley letter says that "ETBE, the Right Road to Reformu­ Mr. HARKIN. Madam President, I this mandate of EPA would increase lated Gasoline." want to associate myself with the re­ carbon monoxide. I am sorry, Senator This is an ad put out by ARCO Chem­ marks of my friend and colleague from BRADLEY, but that is just the opposite ical, a gasoline refiner, saying ETBE South Dakota. I know the Senator of what the facts are. No one would dis­ has higher octane, and it has lower from Montana has been seeking the pute the fact that ethanol decreases Reid vapor pressure so they can use it in the summer months. floor. I will be as brief as possible. carbon monoxide. Yet, in his letter, the So progressive-minded oil companies Madam President, we have had a Senator says ethanol increases carbon are looking at ethanol and its ethers as long-time debate on this issue of clean­ monoxide. a formulation to use in the renewable ing up the environment, cutting oil im­ Second, Senator BRADLEY says etha­ fuels gasoline program. ports and encouraging domestic pro­ nol increases greenhouse gas emissions; I thank the Senator from Montana duction of clean, renewable fuels. It that is, COz. That is not true. Accord­ for allowing me to follow on the heels has been an ongoing debate here in the ing to the latest Department of Agri­ of the remarks made by Senator Congress for a number of years. culture estimates, ethanol decreases DASCHLE. This letter by Senator BRAD­ I thought we had resolved this issue carbon monoxide, the main greenhouse LEY simply is an effort to torpedo the in the Clean Air Act of 1990, when we gas, by 27.5 percent. Again, indis­ fine work that has been done by the put a provision into the bill that re­ putable. These are facts. Again, Sen­ Clinton administration, by the EPA, quired that oxygenated fuels would be ator BRADLEY states just the opposite and by others to do two things: Clean used to help clean up the air in this in his letter. up our environment and, secondly, pro­ country. Finally, Senator BRADLEY says etha­ vide for a domestic renewable fuels in­ The Senator from South Dakota was nol increases "volatile organic"-! as­ dustry. The EPA proposed rule will do the sponsor of that amendment, which sume he means volatile organic com­ that, and it will do it in the best inter­ I cosponsored. It was supported here, pounds. Again, that may have been est of the environment; it will cut overwhelmingly-B9 Senators voted in true under the previous Bush adminis­ down on the cost to taxpayers of farm favor of adding oxygenated fuels in re­ tration proposal but not under the subsidies; and it will put us on the path formulated gasoline. It was supported Clinton administration proposal. The of increasing a domestic renewable in the House. It is now part of the law. Clinton administration's proposed rule fuels industry in this country. That provision had two effects: First says we will use ETBE, which is an Madam President, I yield the floor. to help clean up the air, and to help ether of ethanol, during the summer Several Senators addressed the promote a domestic renewable fuel in­ months. What that means is that we Chair. dustry. At that time Congress antici­ will cut down on volatile organic com­ The PRESIDING OFFICER. The Sen­ pated that ethanol would play a role. pounds because the ethanol ether, ator from Montana. Since that time the oil companies ETBE, has a Reid vapor pressure of 4 Mr. BAUGUS. I thank the Chair. just have not let up. They have been psi. Gasoline has an RVP of about 12 (The remarks of Mr. BAUGUS, pertain­ trying to subvert this intent of Con- psi. MTB has a Reid vapor pressure of ing to the introduction of S. 1887 are March 3, 1994 CONGRESSIONAL RECORD-SENATE 3761 located in today's RECORD under It is reported also, Madam President, EPA'S RENEWABLES PROPOSAL "Statements on Introduced Bills and that this morning the President of the Mr. WELLSTONE. Madam President, Joint Resolutions.") United States is considering reinstitut­ the effort by some in the Senate to de­ Mr. BAUCUS. Madam President, I ing by Executive order a provision of rail the Environmental Protection yield the floor. our law called Super 301. The 301 provi­ Agency's [EPA] proposed rule for a re­ The PRESIDING OFFICER. The Sen­ sions dealt with specific sectors in newable oxygenate requirement is a ator from Colorado. which trade is unbalanced. The Super mistake. Unfortunately their letter to 301 provisions gave us additional pow­ EPA Administrator Carol Browner UNITED STATES-JAPAN CELLULAR ers to deal with countries that erected calling for withdrawal of the renewable TELEPHONE TRADE a wide range of major barriers to our requirement proposal will not help lead products. Mr. BROWN. Madam President, I rise us to better environmental policy. Madam President, I support the The EPA's renewables proposal is the to commend the President of the Unit­ ed States on his firm action on cellular President's efforts to reinstitute Super direction we need to go as a country. telephone trade with Japan. This Na­ 301. It is the minimum that we ought The rule is completely in tune with the tion and Japan are good friends. We are to be doing to address the problems. I intentions of the Clean Air Act, and it not only friends but allies. That rela­ wish to assure the President of the would represent an historic marriage tionship is based on great respect for United States when he acts to reassert between clean air policy and renewable the Japanese people and admiration for Super 301 that he will have strong Re­ energy progress. their hard work and their commitment publican support for an effort to make The EPA worked very hard and care­ to excellence. That mutual respect has sure our friends around the world trade fully to craft a rule that will improve seen us grow together as countries for fairly with the United States. the quality of our air while also pro­ the last four decades. Our two coun­ Ultimately, a good arrangement and moting energy security goals and bene­ tries see much of the world in eye-to­ a good friendship with Japan must be fitting our domestic rural economy. eye fashion and have worked together based on mutual respect and mutual The comments the EPA has received for world peace and economic progress access. The idea that the United States during its rulemaking process--and the globally. Nonetheless, we also have dif­ should remain a pushover forever is oil industry has had every opportunity ferences. simply illogical. A sound relationship to participate fully- may lead to minor One of those differences relates to a with Japan can only be based on mu­ modifications to improve the rule. But United States trade deficit with Japan tual trade and mutual market access. it is basically sound, and it should be of $59 billion. Part of that, let us ac­ For the United States, acting like a finalized in close to its current form. knowledge, is the result of the excel­ rug while other nations walk all over Last month Dick Wilson, who is Di­ lent efficiency and high quality prod­ us is simply foolish. In the long range, rector of EPA's Office of Mobile ucts produced by Japanese workers. such a policy will not develop better, Sources and is the EPA official most But it also is a reflection of unfair and stronger relations with our friends. If responsible for this rule, visited Mar­ unbalanced trade rules. The simple we stand up for American industry and shall, MN. He was accompanied by fact, Madam President, is that cur­ American workers by insisting on fair John McClelland, an energy economist rently Japan has closed their market and equal access to world markets, we from USDA. We held a public forum in many ways and erected many non­ will gain respect, not lose it. there, and over 500 farmers and rural tariff and tariff barriers that do not Is it going to be easy? No. But we residents turned out; 500 farmers gave exist against Japanese products enter­ must convince the Japanese and our the EPA a standing ovation at that ing the United States. other trading partners that the United meeting, and I believe that may have The reality is quite clear. They have States insists on fairness, insists on been as historic as this new rule; · 500 chosen to sell into our market which equal access, and that the days of the farmers who gave a standing ovation to has very few restrictions, if any, and United States as a pushover in world "bureaucrats" from Washington, DC. have chosen also to leave very tough trade negotiations are over. The feeling in Marshall was due to restrictions against American products There are stories on the wire which the fact that this administration is ac­ in a number of areas. suggest that Japan and South Korea knowledging, through this rule, that In 1989, this country and Japan and perhaps another country will ob­ ethanol represents what rural America reached an agreement on cellular ject to our reinstituting Super 301. needs to do; that is, utilize our own do­ phones. It was one that was meant to They may well make appeals to GATT mestic, renewable resources in a way address a small piece of that imbalance or to the World Trade Organization, if that supports farm income, creates by expanding United States opportuni­ we do institute Super 301. That is a lit­ rural jobs, and yes, protects the envi­ ties to sell cellular phones in Japan. tle like a mugger complaining to the ronment. In Marshall we have a very That agreement has been violated in poli.ce when a victim objects to being successful farmer-cooperative ethanol the opinion of the administration. Res­ beaten up. Other countries will make a processing facility, one of several al­ olution of that difference has been the mistake if they think the American ready operating in our State. The day focus of our recent negotiations with people will not stand behind the Presi­ after our Marshall event, I attended a Japan. It is unfortunate for both sides dent of the United States on these ac­ groundbreaking for yet another farm­ that they were unable to reach an tions. er-cooperative ethanol plant in Win­ agreement. throp, MN. I wish to commend the President of For too long, we have been willing to I am telling you something, Madam the United States for not agreeing to a live with unfair rules and unfair access. President. I have not been at a farm faulty solution. His willingness to I for one want to assure this body and gathering for half a decade where I stand up, to insist that the Japanese the President that if he acts today, he have seen as much hope for people that must live by their agreement should be will have very strong bipartisan sup­ there can be a market for this clean applauded by all Americans, whether port that runs deep through the Sen­ fuel; that would be good for agri­ Democrat or Republican. ate, the House and through the entire culture, good for rural communities, The simple fact is this country's Nation. and good for jobs. This is not just an leadership has not been willing to in­ Madam President, I yield the floor. economic issue for people in rural sist on equal access to the Japanese Mr. WELLSTONE addressed the America. They are looking for a signal market. The President's steps, al­ Chair. from Government that they are not out though small and dealing only with a The PRESIDING OFFICER. The Sen­ of sight and out of mind, and that they portion of the total market are to be ator from Minnesota is recognized. are going to get a fair shake. applauded and deserve very strong bi­ Mr. WELLSTONE. Thank you, This is the effect this rule is already partisan support. Madam President. having in the rural Midwest. It is giv- 3762 CONGRESSIONAL RECORD-SENATE March 3, 1994 ing hope to farmers in rural commu­ to speak in the Chamber being presided before-this year; and in less than 6 nities, and they are investing their own over by the distinguished Senator from years, we will be spending $2 trillion on savings, their own savings, in this Washington, and I wish her a good day health care. That is not sustainable; hope, in the hope of sustainable eco­ and continued remarkable service to everybody knows that. We have chief nomic development which ethanol rep­ her people. executive officers of corporations com­ resents. ing before our Finance Committee say­ This rule is about more than what ing, "We have excellent managed care portion of reformulated gasoline might THE HEALTH CARE SYSTEM programs in our company, we think; be made of ethanol when the RFG pro­ Mr. ROCKEFELLER. Madam Presi­ yet, we find our health costs are dou­ gram goes into effect next year. This dent, just over a month ago, President bling every 6 years." rule has become a symbol for whether Clinton came here to Capitol Hill not (Mr. CAMPBELL assumed the Chair.) or not the Government will be atten­ just to tell America what the state of Mr. ROCKEFELLER. If any one of us tive to the rural people in our country, the Nation is but to deliver a message tried to sell this health care formula to the concerns and circumstances of to us from America in no uncertain we have, which is to spend more and the lives of rural people in America. terms. more money for less and less depend­ Rural America is helping itself, and it Basically, our health care system is able care, we would be laughed right is only asking that the Federal Govern­ in absolute crisis, and we here in Wash­ out of every shareholders meeting and ment take rational steps to coordinate ington are expected to fix it. The business office in our country. environmental-we have worked hard American people want us to fix it, ex­ It is mind boggling to hear anybody with environmentalists-and energy pect us to. argue with a straight face that our Amazingly, there is still debate health care system is not in crisis. progress with sustainable economic de­ Doctors do not argue that. Consumers velopment. about whether we can get the job done. I am astounded by that. I am offended do not argue that. Certain people who Key statements in the Wallop-Brad­ do not want health care to pass argue ley letter are mistaken. by that. I sit and observe in sadness as people nit-pick health care while not that. There is a lot going on for us in The letter claims that a renewable the health care system; no doubt about requirement would add unnecessarily putting out comprehensive plans of their own, as the President and Mrs. that. We have great doctors, wondrous to clean-fuel and taxpayer costs. But technology, and miraculous advances­ new USDA analysis concludes there Clinton have done. Madam President, there should not but all for fewer and fewer Americans. would be "no additional cost" associ­ And too many who turn to our health ated with blending ethanol into refor­ be any doubt about the fact of the cri­ sis. Eighty-one million Americans are care system come out physically better mulated gasoline. Several Government but financially and emotionally dev­ studies have shown ultimate savings to paying more or cannot get insurance, or are locked into second-rate jobs be­ astated. That is what is taking place in taxpayers from incentives for ethanol the towns, counties, and States that we production. This is due to the farm cause they have what the insurance in­ dustry brands as a "preexisting condi­ are here to represent-the State of Col­ price and job creating consequences of orado for the Presiding Officer, and producing our energy domestically. tion." Fifty-eight million Americans lose coverage for some part of each this Senator in the State of West Vir­ Worse is the letter's claim of the ab­ ginia. sence of environmental benefits from year. Today, 700,000 Americans who Take the experience of Keith Ste­ using ethanol-! say this as a strong have health insurance will lose their vens, who is a young West Virginian, a environmentalist-and a vague warn­ health insurance. Another 70,000 to­ 21-year-old car salesman. He makes a ing of possible adverse environmental morrow, 70,000 did yesterday, all hard­ reasonable income. Yet, he had to use effects. No evidence is presented for working, tax-paying citizens. But they his Christmas bonus to pay for his such claims. Again, new USDA analysis will lose their health insurance. It is daughter's medical care because he conducted specifically for that Depart­ not their fault, but their tragedy. cannot afford insurance and the com­ ment's comment on this proposed rule One million Americans are forced to pany for which he works does not pro­ demonstrates striking energy-effi­ stay on welfare. We hear a lot of talk vide insurance. Yet, he earns too much ciency advantages for ethanol, espe­ in this country which is antiwelfare. for his children to qualify for Medicaid. cially when compared to gasoline re­ Well, to those who say that, I would So Keith would be described, I guess, as fined from petroleum and methanol say a million of those folks on welfare lucky because he did have a Christmas from natural gas. Combined with its would not be on welfare, and do not bonus that helped him-if you call known clean-burning properties, this want to be on welfare, but have to be spending Christmas money on doctor makes ethanol our premier clean fuel. on welfare because we have not passed bills 1ucky. I note that most signatories to the universal health insurance coverage, But that is not the point. What is im­ Wallop-Bradley letter represent big oil­ and if they go to take the jobs which portant is that a hardworking young producing, big-oil refining, and big oil­ they have been offered and would want father, married and with children, can­ import-harbor States. A quick look at to take, they would have no health in­ not afford health insurance for his fam­ the League of Conservation Voters surance in those jobs. Therefore, hav­ ily when he is doing everything right, scorecard shows that they had an aver­ ing children, they have made a moral as he understands it, under the Amer­ age environmental voting record of decision that having health insurance ican system. You play by the rules, about 48 out of 100 last year-with a coverage for their children under Med­ work hard, pay taxes, do your best with letter that professes all these environ­ icaid is their parental responsibility. If your family and your children, and our mental concerns. Because of the let­ everybody had health insurance, if all system in America rewards you. That ter's errors, I do not believe contrib­ employers provided health insurance is true-but not in health care. More utes to good clean-air policy. for their employees, then 1 million peo­ than all the frightening statistics and Madam President, I yield the floor. ple who are on the welfare rolls would all of the frightening stories that we Mr. ROCKEFELLER addressed the immediately disappear from the wel­ and the Presiding Officer could lavish Chair. fare rolls. To me, that is an amazingly upon this Chamber, that is what is out The PRESIDING OFFICER. The Sen­ wonderful prospect. But we cannot do and out wrong with our system today­ ator from West Virginia. that unless we pass comprehensive that good people like Keith Stevens, health care reform. willing to pay their fair share and play Americans are being run ragged by by the rules, are forced to worry all the SENATOR MURRAY FROM health care costs. Our spending on time about how to get health care for WASHINGTON health care is out of control. I have their family. Mr. ROCKEFELLER. Madam Presi­ said 5,000 times in the last 5 years that If you ask the American people and dent, I am happy and proud to be able we are spending $1 trillion-it was less really want to listen to their answers March 3, 1994 CONGRESSIONAL RECORD-SENATE 3763 and what they are saying, they will tell that no matter what comes out from on Capitol Hill with an excuse-a-day to you loud and clear: Fix the health care what person or political party, the put off health care reform or to put off system. American people are now predisposed another trillion dollars. It should be all Over 80 percent of Americans want to be doubtful about it actually helping too clear that business as usual is what the Federal Government to fix the their personal situation. has brought us to this crossroads in the health care system. Fix it because it is Second, I think people are being con­ first place. Given that, we must reform too costly, too undependable, and too fused and discouraged, because nobody the American health care system and laden with unfair rules in favor of big has found a way to talk through the we must do it, Mr. President, this year. insurance companies; fix it because it filter of the media, which treats health We cannot do it incrementally. We tilts heavily against most American care and each day's events in Washing­ must do it all whole cloth. families; fix it because it is driving ton in health care like a horse race. We must and we do have the political families and businesses to bankruptcy, They want to know who has won and knowledge and the political courage to and it is keeping parents and seniors who has lost. When I am approached by do that. Democrats on this side of the awake at night worrying that they reporters, they are not asking: What is aisle, Republicans on that side of the cannot afford to meet basic medical it about alliances that the American aisle, underestimate-all of us-our po­ needs-and they worry with good people need to understand? They are litical courage. We do that constantly. saying: So and so said yesterday that a I just came from a Finance Commit­ cause-fix it because the country can tee hearing on benefits in which Sen­ and should do better when it comes to certain percentage of American people ators were basically saying we cannot something so absolutely critical and have said this about American alli­ say "no" to anybody. Mr. President, personal and universal as health care. ances and, therefore, the prospects of you and I have been in public life for a Doing better must mean the ability health care passing are less than they while. We spend a whole lot of our time to feel secure about health care. We, as were yesterday. What do you have to saying "no" to all kinds of people. a nation, are the standard by which the say about that, Senator ROCKEFELLER? Of course, there are 1,100 health care world measures its prosperity and its In other words, it is an attempt to trade associations-read lobbyists­ achievement. As various countries try to get some little scoop. It is a registered in Washington to give tender around the world strive to improve media filter. Most of the medi'a does loving care to the President's health themselves, we are the standard; weal­ not understand health care itself. Some care bill. There is no doubt in my mind ways have been as long as I have been of it does. I have been astounded, as that I have the courage to say "no" to alive, and we still are. We have univer­ the founder of something called the Al­ any one of them, to any scores of them, sities that are the envy of the world. liance For Health Reform-which is any hundreds of them, if they are try­ We have opportunity which is the envy nonpartisan and backs no single health ing to push on us something which is of the world. People have come to our plan, but does back health care re­ unrealistic, unaffordable, and which shores not for incidental reasons, but form- by some of the trips I have made does not make a health care plan work because they feel that in America they with my Republican colleagues to parts properly for our people. can find success and make themselves of this country, where health care re­ Enough of this weighing health care better. porters come before us and we give reform as a political calculation. Our industries, Mr. President, drive them a presentation, and they ask Enough of this knowing in your heart the global economic engine. Yet, alone questions which basically show that that we need health care reform, that among modern countries, superior they have no idea about what is going the American people want it. They de­ though we are in all economic manner, on in health care. serve it. We all have family members we cannot somehow find a way to give It is sad, but it is true. That is the and friends who have aching conditions our citizens secure health care. We reason that our alliance is putting out of health care insufficiency which, in should not tolerate those who have enormous volumes of manuals, books, our hearts, we know we want to re­ made the political calculation that and loose-leaf binders which help ex­ form, but then somehow conclude that this Congress cannot stand up to spe­ plain to reporters what health care is we do not have the will to stand up to cial interests and stand up for hard­ about. the special interests to create the re­ working American families in need of a Mr. President, I am going to do some­ form to bring that about. Again, alone strong hand to help them get and keep thing in one paragraph which you will among all modern countries in the health insurance. net think possible. I am going to ex­ world, America, Mr. President, with Americans know the President is plain to you, in one paragraph, how the 70,000 people who have health insur­ fighting hard to give them peace of President's health care plan works. ance, losing it every single day. mind. They do know that. They do not The Clinton plan will give every In conclusion, Mr. President, enough really know what is in the Cooper bill. American guaranteed private insurance of even thinking about squandering They do not really know that there is that can never, ever, ever be taken this chance to pass health care because a Cooper bill or a Chafee bill. The polls away. The Clinton plan guarantees special interests and partisanship mag­ show that. They do know there is a that it is people who will choose their nify the critical nature of one's vote. Clinton bill, and they know that the health care coverage and their doctors, Oh, yes, this is a vote which will be President cares about it and that the not insurance companies. The Clinton critically analyzed, and it ought to be. President wants to make health care plan preserves Medicare, alone among It is a broad vote to critically analyze better. But they do not know exactly other plans, and improves benefits with because it is one of the most important what is in the bill. They do not know prescription drug coverage and a start votes any of us will ever make in our that the changes they are demanding on long-term care, which seniors and public lives. Health care reform is ex­ are in that bill. I happen to know that others who need long-term care-the 40 actly the place to surprise all cynics, they are. to surprise the obstructionists and sim­ percent who are younger than 65---long ply do our job. Our people are frustrated that the in­ for. The Clinton plan saves money for I thank the Presiding Officer and formation they need about the Presi­ families and businesses by limiting yield the floor. dent's plan is being drowned out by two how fast premiums can rise. And, since Mr. President, I suggest the absence things, the least important of which is both businesses and individuals benefit of a quorum. that there is a multi-million-dollar tel­ from the reforms and from health cov­ The PRESIDING OFFICER. The evision commercial blitz, paid for by erage, both employers and employees clerk will call the roll. the insurance industry. And they are share the responsibility and cost of The legislative clerk proceeded to doing what they ought to be doing to coverage. call the roll. protect their hides, but, in the process, End of paragraph. Mr. WARNER. Mr. President, I ask they are creating enormous doubts We cannot go through committee unanimous consent that the order for about everything in health care. So meetings, hearings, and debates here the quorum call be rescinded. 3764 CONGRESSIONAL RECORD-SENATE March 3, 1994 The PRESIDING OFFICER. Without best interests of the United States of somewhat arcane complexities of the objection, it is so ordered. America. Moreover, he has done so in legislative process, Dave always takes so many ways, large and small. His ca­ care to turn dry facts and somewhat reer has been marked by professional­ confusing language into enjoyable and ROBERT C. LOUTHIAN ism, insight, and a keen understanding informative, accurate-and I underline Mr. WARNER. Mr. President, it is my of the legislative process. His efforts "accurate"-unbiased, fair, and objec­ privilege today to recognize and com­ have been of invaluable help to every tive listening. Best of all, he tempers mend the many contributions made by Members of the U.S. Senate for many, his well-told stories with his own brand one of the Senate's most talented and many years. of keen wit and humor. distinguished staff advisers, a native of Bob Louthian stands as an example As we all know, many people come my own Commonwealth of Virginia, for all to emulate in the realm of pub­ and go on the Hill, especially in the Robert C. Louthian. lic service. I know that my colleagues media. Dave McConnell has hung in Having served longer than any other join with me in applauding his excel­ with all of us for many, many years. He individual in the Office of Legislative lence, commending his commitment, belongs to a small and admired cadre of Counsel of the Senate, Bob is preparing and wishing him well as he departs. His dedicated broadcasters who devoted to embark on a well-deserved retire­ record of achievement will long be re­ most of his career to broadcasting. ment. Two years ago, I had the pleas­ membered in U.S. Senate, and I know To WTOP and to Dave McConnell, I ure of congratulating Bob right here in that he will continue to serve his com­ am pleased to offer my congratulations this Chamber as he celebrated 40 years munity and country in his future en­ for a job well done and every best wish of service; today I am pleased to reit­ deavors. for many years to continued service. erate my appreciation for his dedica­ I thank the Chair and I suggest the tion and accomplishment as we-the absence of a quorum. U.S. Senate-bid him farewell for a WTOP RADIO The PRESIDING OFFICER. The ab­ well-earned retirement. Mr. WARNER. Mr. President, I am sence of a quorum has been suggested. While we are fortunate in the Senate pleased to join others today all across The clerk will call the roll. to have the assistance and counsel of the greater Washington metropolitan The legislative clerk proceeded to many outstanding support staff, few area in saluting Washington's own call the roll. careers are as exceptional as Bob radio station, WTOP, as it celebrates 25 Mr. DOLE. Mr. President, I ask unan­ Louthian's. His experience, knowledge, years of all-news broadcasting. Today imous consent that the order for the wisdom, and judgment are evident in WTOP will be honored with a gala cele­ quorum call be rescinded. the major legislation he has drafted bration, hosted by the CBS radio net­ The PRESIDING OFFICER. Without over these many years. He has crafted work, featuring such illustrious news objection, it is so ordered. the language of legislative efforts as figures as Walter Cronkite, Sam Don­ diverse as Indian affairs and shipping, aldson, and Connie Chung. communication, and energy. Our paths WTOP, which first signed on as WHITE HOUSE ETHICS have crossed frequently as he advised WTRC broadcasting from Brooklyn, NY Mr. DOLE. Mr. President, according the committees on natural resources. in 1929, gained its current call letters to Webster's Dictionary, the word Indeed, all Senators have had Bob's in­ 1943, when it became affiliated with "independent" means, "not subject to valuable experience and guidance CBS. The station is now owned by the control by others; not looking to oth­ through his service as senior legal ad­ Dallas-based Evergreen Media Group. ers for one's opinions or for guidance in viser to Senate offices. WTOP has been honored with the pres­ conduct.'' Born in Roanoke, VA, Bob Louthian tigious Edward R. Murrow Award for I cite this definition because the last attended that city's public schools. He excellence in news broadcasting. time I checked, the Resolution Trust and I share a common military experi­ In particular, I would like to recog­ Corporation is supposed to be an inde­ ence: We both joined the Navy at an nize and commend the outstanding pendent agency-underscore the word early age in World War II. Bob, how­ contributions made by a newsman from "independent . " ever, saw active duty in the Pacific whom I and many of my colleagues But, in light of recent press accounts, theater while I simply went to school. have the highest regard: WTOP's one it appears I may have to do some more And, following his discharge, he re­ and only Dave McConnell. Dave is the research, or Webster's may have to re­ turned to Virginia to enroll in Roanoke Capitol Hill correspondent for the sta­ vise its definition. College. He earned a B.S. in economics tion and the host of "Today on the Last week, we learned that Robert in 1949, then pursued his legal studies Hill," an excellent program which Altman, the Acting CEO and No. 2 po­ at my own alma mater, Washington opens up and clarifies congressional ac­ litical appointee at the Treasury De­ and Lee University, Lexington, VA. At tion-Senate and House, floor and com­ partment, met with White House polit­ Washington and Lee, he began to dem­ mittee-to the people in our greater ical officials, allegedly to give them a onstrate the exceptional abilities that metropolitan area of the Nation's Cap­ "head's up" on the RTC's civil inves­ would characterize his professional ca­ itol. Dave's program has aired since tigation into Madison Guaranty. reer: He served on the staff of the Law 1981, making lively and interesting sto­ This morning, I think in a bit of Review and was elected to the pres­ ries out of congressional actions which damage control, there was a story in tigious Order of the Coif in recognition often seem baffling and ponderous to the Washington Post, front page story, of his academic and leadership achieve­ others. The success and longevity of "Treasury Officials Told White House ments. this popular program are due to Dave's Status of S&L Probe," told about other The Senate is truly fortunate that knowledge, insight, and articulate meetings. I think they did not want Bob Louthian chose to join the ranks presentation. He truly is a student, if this to come out in some committee in­ of those who make our mandate work­ not a professor, in some ways. vestigation so they somehow got it to able immediately after law school. He Dave McConnell's success reflects his the Washington Post. accepted the position of law assistant lifelong fascination with Capitol Hill. Realizing his blunder, Mr. AI tman in the Office of Legislative Counsel on From his boyhood days, he always en­ subsequently and very belatedly, as July 14, 1952. Two years later, Bob was joyed visiting the galleries and dream­ pointed out in another column by Wil­ promoted to assistant counsel and, in ing of someday covering our actions as liam Safire called, "The Whitewater 1973, he achieved the rank of senior a reporter. Those of us who serve are Coverup"-these are all today's clip­ counsel. indeed fortunate that Dave's dream pings-recused himself. Throughout his tenure, Bob Louthian came true. Is that not great? We do not know has served not just the Senate or the Recognizing that not everyone who how many contacts he has really had, Congress as a whole-he has served the listens to his program understands the we do not know who he has talked to March 37 1994 CONGRESSIONAL RECORD-SENATE 3765 outside the administration-lawyers, White House and top administration of­ day-drip, drip, drip. And we have al­ maybe representing the White House, ficials. No doubt about it, you are ask­ ready asked the Congressional Re­ the President, whether he has talked to ing for big, big trouble and showing search Service to take a look at the the U.S. attorney in Little Rock who some stunningly bad judgment when last 12 years. We found about 20 hear­ recused herself after a late, late hour. you start mixing politics with law en­ ings conducted when Republicans had So he recused himself from the RTC forcement. It is only fair to excuse a the White House and Democrats con­ matter after almost 11 months. He fi­ misstep or two. We all make mistakes. trolled the Congress. They could not nally understands it was bad judgment. But when bad judgment becomes the wait to have congressional hearings. Today, we read that top officials of rule rather than the exception, and But now we are told, with a solemn the Treasury Department, after the when those involved will not admit look: Oh, we cannot do this. We do not supposedly independent RTC asked the their own mistakes, it may be time for want to interfere with the investiga­ Justice Department last year to inves­ a little White House housecleaning. tion. tigate possible criminal activity in­ Finally, a third word comes to We have oversight responsibilities. volving Madison, met twice with mem­ mind-"coverup." If the White House We do not know how else to proceed, in bers of the White House Whitewater has nothing to hide about the minority. We only have one thing brain-trust-Bernard Nussbaum, big Whitewater-and that is what they we can do and that is to block nomina­ key player in the Watergate investiga­ have been saying for months; that is tions, to try, to hope the Democratic tion years ago; Bruce Lindsey; and what they said in the campaign: Noth­ leadership will do what they should do Mark Gearan; and who knows who else. ing to it, just a little transaction-then and have a full-blown hearing without According to news accounts, the Treas­ why all the meetings? Why all the compromising anything that any inde­ ury officials gave the White House panic? Why all the behind-the-scenes pendent or nonindependent counsel staffers a report on the status of the machinations? Why negotiate a sub­ might do. RTC's investigation and informed them poena to shield Whitewater documents So we have, 43 of us out of 44, written that the President and Mrs. Clinton from public scrutiny? to the distinguished majority leader were named in the RTC referral, The public cannot get access to the yesterday to say we are going to object though not accused of any wrongdoing. Whitewater documents because they to proceeding to the nomination of Needless to say, the average Amer­ negotiated this subpoena several Ricki Tigert, President Clinton's nomi­ ican citizen who was either named in a months ago now. So the public is shut nee to chair the supposedly independ­ RTC criminal referral or subject of a out. And why put yourself in the dan­ ent FDIC, unless the Senate Banking RTC civil investigation would never gerous position of being charged with Committee has an opportunity to thor­ have received such high-level coopera­ compromising what are supposed to be oughly examine the RTC's handling of tion from the very people charged with independent civil and criminal inves­ its civil investigation into Madison. I conducting the investigations. tigations? think today's shocking revelations You cannot tell me somebody from Coverup is a tough word, but the con­ only serve to underscore the need for Colorado or Kansas could get that sequences of a coverup can be even such an examination, and more broad­ treatment if they had a RTC matter tougher. Many of us learned this in the ly, for hearings on the entire Madison/ pending. They would bring all these Nixon administration, in Watergate. Whitewater affair. people down and give us a "heads up." One of the prosecutors there was Mr. I did not pick out too many clippings No, it would not have happened. Nussbaum. You would think he would today, but I have already referred to So, a dangerous pattern seems to be have learned that lesson and would be two-the New York Times, emerging. out saying: We cannot do this. And "Whitewater Coverup"; Washington During last year's Travelgate fiasco, look what happened to the Nixon ad­ Post, "Treasury Officials Told White overly eager White House staffers ministration. He apparently is teach­ House Status of S&L Probe." The New raised eyebrows by pressuring a top ing a course on how to do it, if you can York Times, they did not do much, FBI official to attend a White House get away with it. "Justice Official Is Questioned About "political strategy" session, allegedly Mr. President, I do not know what to Billings at Rose Firm." to coordinate a press response to the make of the recently disclosed White Washington Post, "Hillary Clinton's House RTC-Treasury shenanigans, but Role in Lawsuit Appears Larger." burgeoning number of media inquiries. Washington Times, "Prosecutor to Unfortunately, the supposedly inde­ I do know Congress has an obligation Re-examine Foster Suicide Ruling." pendent FBI went along with this cha­ to ensure that supposedly independent Washington Post, "Hubbell Confirms rade-and I always thought the FBI law enforcement agencies are just Questioning, Asserts Innocence." was independent-in changing an FBI that-independent. And for Congress to Washington Times, "Hubbell 'Denies' press release. They changed the FBI punt on its oversight responsibilities is Rose Firm Probe." "Altman Gets Close press release to suit the White House a disservice to the American people to the Heat. White House Surprised by political needs. and exposes Congress to the charge Billing Questions." I have never heard of that before as that we are willing accomplices-we do These are just a few of the clippings long as I have been here. not care; we do not want to have any in papers we get in our office. It seems Today, White House staffers are hearings; we do not want to hear what to me the media is also belatedly be­ adopting a similar ploy, saying there was referred to as a ''nonindependen t ginning to focus on what I consider to was nothing wrong with Treasury­ counsel" this morning by William be a very important matter. White House meetings: We were told Safire in the New York Times. But when will Congress act? When that they were simply sessions to co­ We have had the chairman of the will the majority-it has been reported ordinate responses to press inquiries, Banking Committee say: Well, after in the Safire column that the House and now belatedly again "Mack" the independent counsel finishes his has been told by the Speaker: No hear­ McLarty, the Chief of Staff, has issued work, whenever that may be, then if we ings under any circumstances, any a memo: You cannot do this anymore. are not satisfied-"if," that means if time. All this time, after all the news: You the Democrats are not satisfied-then It seems to me that may-that is bor­ cannot do this anymore because they we might look into it with a congres­ derline. have caught us. Do not do it anymore. sional investigation. So I think there is no way we can That brings me to another word. We So we are at a loss. We are the mi­ have a rehearing on the nomination of have defined the word "independent." nority party. We know if Republicans Mr. Hubbell, or Mr. Altman. There is Let us take the word "judgment." had the White House, there would be 15 no way we can do that to check that. In light of recent news reports, it is hearings going on right now-maybe But, I ask unanimous consent the becoming increasingly clear that good not 15, maybe a half a dozen. They letter be reprinted in the RECORD im­ judgment is in short supply among would be every day, every day, every mediately after my remarks. 3766 CONGRESSIONAL RECORD-SENATE March 3, 1994 The PRESIDING OFFICER. Without tion into Madison Guaranty Savings and "special interest groups are spending objection, it is so ordered. Loan. millions and millions and millions of (See exhibit 1.) As you know, the Acting Chief Executive dollars." How much has the White Officer of the RTC, Roger Altman, recently Mr. DOLE. And I ask unanimous con­ disclosed that he sought a meeting with House spent? How much has the admin­ sent that stories and commentaries White House officials to give them a " heads­ istration spent? They have been at this from today's Washington Post, New up" on the RTC's investigation. Needless to a year. How much have they raised? York Times, and Washington Times, be say. such a meeting is highly improper and How much has the Democratic Na­ printed in the RECORD as well-not the raises very real questions about Mr. tional Committee raised from big cor­ entire stories, but the headlines. Altman's impartiality and the alleged inde­ porations? The PRESIDING OFFICER. Without pendence of the investigation. Specifically, They had a list in last week's paper, objection, it is so ordered. why were Harold Ickes and Margaret Wil­ a big list, of big business giving money (See exhibit 2.) liams present, in addition to White House on health care. Before the President Counsel Bernard Nussbaum? According to Mr. DOLE. I suggest we have been the Washington Post, Mr. Ickes the Deputy says anything about all these little very quiet on this issue, at least this Chief of Staff, is responsible for Whitewater Harry and Louise ads, I think we ought Senator has, since last year. " damage control" Ms. Williams, Chief of to add up the total. It seems to me, though, that sooner Staff for Mrs. Clinton, had previously par­ The last time I looked, the first or later Congress is going to have to ticipated with Mr. Nussbaum in searching amendment said you had a right to ex­ examine this if we are going to have Vincent Foster's office and sending all or press your views in America. Just as any credibility ourselves as an institu­ some of the materials to David Kendall of President Clinton does, just as Senator tion. We have responsibilities. We can­ Williams and Connally who is representing DoLE does, just as anybody in this the President and Mrs. Clinton. not pass them all off to the independ­ We believe public hearings are required to Chamber does. People opposed to this ent counsel. We have not done it in the explore these and other questions involving plan have a right to express their past. We can come out and give some the attendance of political operatives at the views. It would be nice if they did not fine legal argument. The American White House in briefings by the head of a have any money and they could say people do not understand that. supposedly independent agency on matters there is not anything wrong with this We have oversight responsibility. We that have nothing to do with the Executive plan. There are a lot of things wrong exercise that responsibility time after Office of the President. with this plan. The plan is in the ter­ We regret having to delay the Senate's minal stage right now, at least in in­ time after time, and it seems to me consideration of Ms. Tigert's nomination. that sooner or later, this is going to be­ Nevertheless, the American people deserve tensive care. come an issue and it should not become to have confidence that the RTC conducts its So I hope the President will give the an issue. We are not asking for any­ important business in an independent and American people more specifics about body's head, we are just asking for impartial fashion. A Congressional hearing is the plan. You cannot do everything for hearings. We are asking for hearings. an appropriate forum in which to examine everybody, add new entitlement pro­ We are going to be asking our col­ the important ethical and regulatory issues grams for early retirees, long-term leagues, why should we not have hear­ raised by the Altman-White House meeting. care, prescription drugs and tell every­ ings? The Democrats chair all the com­ Sincerely, body in America you are going to get Alfonse D'Amato, Paul Coverdell, Bob more and say it does not cost anything, mittees. They are not going to get out Dole, Malcolm Wallop, Phil Gramm, of hand. They control the staff. The Judd Gregg, Larry E. Craig, Trent you are going to save money. That is Democrats control every agency in Lott, Dan Coats, Connie Mack, Conrad the judgment we have. town, every Cabinet office, the White Burns, John McCain, Robert F. Ben­ We are going to go off this afternoon, House. I do not think it is too much to nett, Kit Bond, Ted Stevens, Lauch 33 Republicans, and we are going to the let the minority in this case, the Faircloth, Bob Packwood, Arlen Spec­ have a conference this afternoon and Republicans, to explain to the Amer­ ter, John H. Chafee, Jim Jeffords, Al tomorrow. We do not have any inten­ ican people, or bring out the facts so Simpson, Jesse Helms, Don Nickles, tion of coming out with a plan but we Mitch McConnell, Orrin Hatch, Strom are going to see how close we can the American people can make a judg­ Thurmond, Thad Cochran, Pete V. Do­ It ment. Nobody has made a judgment. menici, Hank Brown, Mark Hatfield, come. is still my hope-as I said yes­ We are not about to make a judgment. Larry Pressler, Bill Roth, John C. Dan­ terday, I worked on a lot of bipartisan It is not my purpose to make a judg­ forth, Chuck Grassley, Bill Cohen, measures on health care over the ment. But it is our responsibility to Dave Durenberger, Slade Gorton, Rich­ year&-it is my hope we will end up try to obtain the facts. And if the ma­ ard G. Lugar, Bob Smith, Nancy with a bipartisan measure and we will jority says you cannot have the facts, Landon Kassebaum, John Warner, Dirk stop arguing about whether it is a cri­ we are not going to have any hearings, Kempthorne, Kay Bailey Hutchison. sis, a serious problem, this or that, we do not care what happens, OK, they some little nit-picking thing. EXHIBIT 2 We will talk about how do we make are the majority, they have the votes; [From the Washington Times, Mar. 3, 1994] they have 56, we have 44 and we will it work, how do we take care of people have to resort to whatever we can. " HUBBELL 'DENIES ' ROSE FIRM PROBE " who do not have the coverage now, how I do not have any problem with Ricki " ALTMAN GETS CLOSE TO THE HEAT" do we pay for it, who wins, who loses Tigert. So I apologize to her. If she can [From the Washington Post, Mar. 3, 1994] and how can we do it on a bipartisan give me some other way we can go or if " HUBBELL CONFIRMS QUESTIONING, ASSERTS basis? Maybe we cannot. Maybe the we can have hearings, that nomination INNOCENCE" time will come in September, October, would not be held up 1 minute. ''TREASURY OFFICIALS TOLD WHITE HOUSE November when we just have to have 2 EXHIBIT 1 STATUS OF S&L PROBE" votes, but I do not think every Demo­ crat supports the President's plan, not U.S. SENATE, WASHINGTON, DC. MARCH "HILLARY CLINTON'S ROLE IN LAWSUIT APPEARS LARGER" 2, 1994. every Republican supports every Re­ Ron. GEORGE J. MITCHELL, [From the New York Times, Mar. 3, 1994] publican plan. We have plans, the U.S. Senate, " JUSTICE OFFICIAL IS QUESTIONED ABOUT Democrats have two or three plans. I Washington, DC BILLINGS AT ROSE FIRM" think the American people would like DEAR MR. LEADER: We are writing to in­ "WHITEWATER COVER-UP" to see us come together. We hope we form you that we will object to any agree­ can make some contribution today and ment seeking consent to proceed to the nom­ tomorrow in our Republican con­ ination of Ricki R. Tigert, President Clin­ HEALTH CARE REFORM ton's nominee to chair the Federal Deposit ference. The primary purpose would be Insurance Corporation, until the Senate Mr. DOLE. Mr. President, I listened to go out, do our best, write down ev­ Banking Committee has an opportunity to to the President last night talking erything we agree on and disagree on thoroughly examine the Resolution Trust about the reason the health care plan and then start working in the areas of Corporation's handling of its civil investiga- is losing supporters is because all these disagreement. I yield the floor. ~----.- _..., ___ -...... _ .. -

March 3, 1994 CONGRESSIONAL RECORD-SENATE 3767 The PRESIDING OFFICER. The Sen­ When Mr. Altman was before the going to be a major- this could be a major ator from Missouri is recognized. Banking Committee on February 24, I source of concern? asked him a series of questions about Mr. Altman replied: how he and the RTC had been handling Not to my knowledge. WHITEWATER AND MADISON the case. Given the sensitivity of the Now, Mr. President, what we have GUARANTY INVESTIGATION case, with the President and the First just heard is the repeated assurances Mr. BOND. Mr. President, I rise Lady having been named in a criminal that the RTC did nothing different in today to take a few minutes of the Sen­ referral by the RTC regional office, I the Madison case from any other case, ate's time to outline for my colleagues asked Mr. Altman: that the head of the RTC had in­ where we are in terms of the ongoing Are there special measures taken in the structed his people from the moment disclosures with the White House, the resolution of a failed thrift when you find it he was aware of Madison's new crimi­ Resolution Trust Corporation and the to be affiliated with a high-profile individ­ nal referral to treat the case no dif­ Treasury's activities regarding Madi­ ual, someone in Government, for example? ferently than all others. son Guaranty and related issues. Mr. Altman replied: But we now know that this story is As my colleagues know, Madison The procedures, Senator, which the RTC simply not true. Not only did the head Guaranty was a Little Rock savings follows are intended to be identical in each of the R TO brief the White House and loan which was owned by James case; and they certainly have been identical staff- and I believe it bears repeating­ McDougal, the business partner of the in the case discussed this morning. but by briefing Mr. Bernie Nussbaum Clintons in the Whitewater real estate He went on to say: and Ms. Maggie Williams, Mr. Altman deal. Madison Guaranty was a classic When the possibility of criminal referral was briefing the very people who stand S&L story of insider dealing, reckless was brought to me, I took one step. That was accused of taking Whitewater-Madison loan policies and ultimate failure with to instruct all the relevant RTC personnel to handle criminal judgments in the same exact files out of the late Mr. Foster's office the U.S. taxpayers picking up the tab. and then attempting to conceal that But in this case, there is a small twist. fashion that they would handle any other PLS matter with no deviation whatsoever. they existed. These files are certainly Many of its benefactors were in politics ones that the RTC's own investigators and Government. I should note for the record that Mr. Altman answered these questions be­ would want to review. The tangled web of Madison and Jim But now we find out that at least two fore he had divulged the meeting at the McDougal has led to two criminal re­ additional meetings were held, both ferrals by the RTC, an ongoing civil ac­ White House in February. I should also late last year, as the RTC was putting tion investigation by the RTC, a con­ point out that in the course of this dis­ together their second criminal referral. flict of interest case for the Rose law cussion with me when he was assuring According to the Washington Post firm and a trial, which is about to me and the Senate that the RTC was article-and this was confirmed to me start, concerning David Hale. It has treating the Madison case in an iden­ by Mr. Altman by telephone last also led to the appointment by the At­ tical manner and that the staff should night--Jean Hanson, the general coun­ torney General of Special Prosecutor treat the criminal referral in the exact sel of the Treasury- and I assume act­ Robert Fiske, who is looking at all same fashion with no deviation whatso­ ing counsel of the RTC at the time­ these issues to see what happened, who ever, that Mr. Altman did not at that briefed Mr. Nussbaum in late Septem­ was involved, who benefited and was point see fit to tell us about how they ber and told him that the Olin tons there a coverup. had not followed the exact same or would be named in the criminal refer­ In the middle of all this action, as identical procedures. But it only gets ral. has been noted by our distinguished worse. The second meeting occurred in Octo­ Republican leader, Republicans in the Later in the hearing, I asked Mr. AI t­ ber and again included Jean Hanson House and Senate have been attempt­ man: plus two other Treasury political ap­ ing to get the facts, not to interfere, to When did you become aware of the RTC pointees and was held in Mr. Nuss­ impede or to delay the investigation, recommendation that further criminal pros­ baum's office. Also in attendance, ac­ but in order to fulfill our obligation of ecution be taken against Madison? cording to the Post, were White House oversight of those who are now running Mr. Altman replied: Communications Director Mark the Government. This means asking Last fall. I was advised that a question of Gearan and the designated White questions of the RTC, the FDIC, the referral to the Justice Department was House spokesman, Bruce Lindsey. OCC and others about whether they are under consideration at the RTC and, as other Before the meeting, Hanson was rece1vmg outside pressure; is this members of the RTC will attest, I said that normal procedures with no deviations what­ briefed by RTC senior Vice President White House staff attempting to get in­ soever should be pursued, including chain of Bill Roelle. formation that these so-called inde­ command in terms of reaching that conclu- Mr. President, something is very pendent agencies would never give to sion. wrong. Either Mr. Altman deliberately anyone else? Is this information being I then asked him: misled the committee, which I do not provided? If so, by whom and to whom? Were you aware that the regional office believe he did, or the political ap­ As my colleagues know, it was in the had asked the national office to make a de­ pointees beneath him deliberately course of asking these questions, ques­ termination as to whether the Clinton's failed to inform him or to correct the tions some of my colleagues do not be­ names should be in the new expanded refer­ misimpression left by him in his testi­ lieve should ever have been asked, that ral? mony when the Secretary of the Treas­ we first discovered from the acting Mr. Altman replied: ury came before the Banking Commit­ head of the RTC, Mr. Roger Altman, No, I was simply informed that this issue tee the next day or prior to last night. that he had briefed the White House was on the table, and my reaction was, and Mr. AI tman has recused himself. It is staff on the status of the RTC inves­ I only had one conversation about it, the better late than never. And the Presi­ tigation. For those of you who are say­ normal procedure should be followed. That is dent's Chief of Staff, Mack McLarty, ing stay out of the way, the special the way we are going to handle it from be­ has now laid down the law. No more counsel is on the case, perhaps you ginning to end. meetings. Again, better late than would be interested to know that this I then asked: never. meeting took place 2 weeks after Mr. How was the White House notified in the But this is something that should not Fiske was named. referral? have to be stated explicitly. Has Ms. Mr. President, let me tell the Senate Mr. Altman replied: Hanson recused herself? After all, she about this episode which should go a They were not notified by the RTC, to the has had three meetings. She is the gen­ long way toward explaining why the best of my knowledge. eral counsel and chief lawyer of the De­ Republicans signed and sent a letter to I then followed up: partment of the Treasury. the majority leader that Senator DOLE Nobody in your agency, to your knowledge, Did she suggest to Mr. Altman that a has just outlined. advised the White House staff that this was February briefing was in order? Did she 3768 CONGRESSIONAL RECORD-SENATE March 3, 1994 set up other meetings that have not Subsequent to this Senate's action other out of the other. You see, I do yet come to light? Why was she in­ on that amendment, the House Edu­ not believe the Department, once it volved in the first place? Is it true that cation and Labor Committee voted on discovers that this language is floating she has been acting as the general identical language as an amendment to around the Hill-in other words, once counsel of the RTC as there is no one the Elementary and Secondary Edu­ Secretary Riley and Mr. Cohen, who currently in that position? cation Act, which was taking place in negotiated for him, see this language As I stated in the committee, we now the Education and Labor Committee. floating around the Hill-will do the have five examples of what it takes for That debate was held the same after­ bidding of some bureaucrat down there Presidential appointees in this admin­ noon my amendment was adopted. in the Department that does not like istration to see conflicts of interest In introducing the amendment dur­ the agreement that was reached in the and bow out. They have to be caught in ing the markup on the House side, Rep­ Senate. the act. resentative ARMEY of Texas stated that That would be double dealing. It Mr. President, for those of us in Con­ the Senate-passed language would be a would be a bait-and-switch approach. gress who work with the administra­ positive change in the elementary and You do not survive long in this town tion on a daily basis, trust is a very secondary education bill. He said it with that sort of an approach. important commodity. Unfortunately, would also send a very clear signal to So I am hoping, Mr. President, that it is easy to lose and hard to regain, the conferees on the Goals 2000 bill re­ my being here on the floor this after­ and the administration's handling of garding the House committee's reac­ noon is a false alarm. Because I am Whitewater-Madison has seriously tion to my amendment and the com­ hoping that this position paper will eroded the trust of many of us in the promise that was worked out between never see the light of day, that it will body of the administration. me and the Department of Education. be put to rest once more as we agreed I believe the Senate owes it to the So I was pleased when the House here in the negotiations before we public to get to the bottom of this, and committee supported the amendment adopted my amendment 93 to 0, and be­ that is why I support our minority by a vote of 38 to 4. That vote was an fore we passed the Goals 2000 bill. I am leader in asking for further hearings. affirmation of the good balance that I confident that the honorable thing will Mr. GRASSLEY addressed the Chair. struck with the Department of Edu­ be done and that the department will The PRESIDING OFFICER. The Sen­ cation in our negotiations on this side. adhere to its agreed-to position. ator from Iowa [Mr. GRASSLEY] is rec­ Despite that balance struck and the Mr. President, I hope my colleagues ognized. overwhelming support in Congress-38 will support the amendment in con­ to 4 in committee on the House side, 93 ference as passed by the Senate 93 to 0, to zero on the Senate side-! regret to and I hope that the Department of Edu­ GRASSLEY AMENDMENT TO report now that there may be-and I cation continues to work with us as we GOALS 2000: EDUCATE AMERICA wish to say "may be"-ongoing efforts seek broad consensus on education re­ ACT to undermine our agreement with the forms. Mr. GRASSLEY. During debate, Mr. Department of Education. Mr. President, I yield the floor. President, on Goals 2000: Educate In my hand, Mr. President, is an in­ I do not see any of my colleagues America Act, I introduced an amend­ ternal memorandum from the Depart­ seeking the floor. So I suggest the ab­ ment, which the Senate adopted, to ad­ ment of Education. It represents a pro­ sence of a quorum. dress an issue of concern to many of posed revision of the Armey amend­ The PRESIDING OFFICER (Mr. DOR­ my constituents. The amendment was ment by the Department of Education. GAN). The clerk will call the roll. a culmination of over 2 years of re­ It so happens that this proposed lan­ The bill clerk proceeded to call the search on the invasion of student and guage is exactly the same proposal roll. family privacy that might be taking that the Department brought to me in Mr. GRAMM. Mr. President, I ask place and is taking place in schools our initial negotiations on Goals 2000. I unanimous consent that the order for around America. the quorum call be rescinded. speak of what is floating around the The PRESIDING OFFICER. Without I have dealt with people in 25 States Hill now and the language that is writ­ who feel that their family's privacy has objection, it is so ordered. ten at the bottom of this page, and I Mr. GRAMM. Mr. President, are we been invaded by intrusive surveys, will not go into specific detail what in morning business? analyses, and other evaluations. These that language does. But we rejected The PRESIDING OFFICER. The Sen­ surveys ask very personal questions of this language. The negotiators for the a tor is correct. children without their parents' knowl­ Department of Education were very Mr. GRAMM. Mr. President, with the edge or consent. pleased with the negotiations that we indulgence of the Presiding Officer, I During debate on the Goals 2000 bill, worked out. would like to speak as in morning busi­ I came to this floor with such examples So the suggested comment on this in­ ness for 10 minutes. from 14 different States, some of which ternal Department memo regarding the The PRESIDING OFFICER. Without I discussed and the rest of which, Mr. Armey amendment is exactly the posi­ objection, it is so ordered. President, I just placed in the RECORD tion that I, the Department, and 92 of The Senator from Texas is recognized for easy referral by people who are in­ my colleagues put to rest when we for 10 minutes. terested in pursuing this. reached the final compromise. Because the weight of evidence is so The fact that this language is sud­ overwhelming, the Department of Edu­ denly resurfacing is troubling to me, THE PRESIDENT'S HEALTH CARE cation suggested a possible com­ and it should be troubling to each and PLAN promise to the amendment that I origi­ every Member of this body who voted Mr. GRAMM. Mr. President, I wanted nally introduced. I pursued negotia­ for my amendment. to talk a little bit about health care tions with the Department. We reached I must point out that this language is and respond to something the Presi­ an agreement that, quite frankly, met not yet an official Department posi­ dent said yesterday about the declining many of my concerns. And since it met tion. It is merely being passed up the popularity of his proposed health care so many of my concerns and since the chain of command by wily bureaucrats plan. I will also talk about the meeting Department of Education and their in the bowels of Education. or retreat which Republicans begin this representatives were so forthcoming But that is why I indicated the agree­ afternoon and will continue until to­ and up front and honest in their nego­ ment may be undermined. It is not yet morrow, in our effort to try to come up tiations. We put that compromise to­ a fait accompli. After all, I am con­ with a united position on health care gether, and that amendment was fident that the Department would not reform. adopted 93 to zero before we passed want to be accused of saying one thing Let me first talk about the Presi­ Goals 2000. out of one side of its mouth and an- dent's health care plan. I believe that March 3, 1994 CONGRESSIONAL RECORD-SENATE 3769 support for the President's plan has de­ care. I think whether there is a prob­ that we do not want the Government to clined every day since it was made pub­ lem or a crisis depends on who you are take over and run the health care sys­ lic by him in a very excellent speech to and what your circumstances are. Cer­ tem; that we want to try to build on a joint session of Congress. The Presi­ tainly, if you are in the process of the strengths of the system and we dent yesterday attributed that decline changing jobs and you find out you or want to try to fix the parts that are in support to special interests. I believe somebody else in your family is very broken, but we do not want to tear the decline in support is more basic sick and you have lost your health in­ down the whole health care system of than that. Not only has support for the surance in that transition, that is a the country and recreate it in the plan declined every day since the pub­ crisis. If you are worried about paying image of Government. lic first heard about it, but the polls the Nation's bills and you look at the Where I think the President gets off have consistently shown something exploding cost of Medicare and Medic­ track is when he attempts to limit peo­ that I think is very important, which aid, if it is not a crisis, it is close to it. ple's freedom. Under the President's is that the more people know about the There clearly are problems. The plan, if you do not work for the Federal President's plan, the more likely they point is-and where I differ with the Government and you do not work for a are to oppose it. President-is that I believe we can fix company that has 5,000 or more em­ Let me just try to summarize what I what is wrong in the American medical ployees, your health insurance is going think is right about the President's care system without destroying what is to be canceled. You are going to be plan and what I think is wrong about right. If our objective is to try to help forced to buy health care and health it. What I think is right about the every American get health insurance, insurance through a Government-run President's plan is that there are parts why would we want to destroy cov­ cooperative that will be a monopoly of America's health care system that erage for the 85 percent of all Ameri­ buyer in your region. are broken. We can fix the system and cans who now have it in order to try to The American people have looked at make it possible for people to change help the 15 percent who do not? this, and I think they have rightly jobs without losing their health insur­ I think where the President's plan been concerned about a seven-member ance. Every one of the proposals that gets off track-and where it has lost board in Washington, DC, that is going has been made to reform health care, public support-is that while the Presi­ to dictate the principles under which every single bill-those offered by Re­ dent talks about access and talks health care will be practiced nation­ publicans; those offered by Demo­ about universal coverage, the reality is wide. I do not think it is because the crats- has had a provision that would that only 19 pages of the President's President would appoint this board. I make it possible for people to change plan have anything to do with univer­ would not be happy with this board if jobs without losing their health insur­ sal coverage. The other 1,323 pages we had the seven wisest people on ance. have to do with the Government taking Earth as members of it. I would not be I believe the President is right that over and running the health care sys­ happy with it if a Republican appointed people should be able to buy health in­ tem. them. I do not think any seven people surance that can never be taken away I think where the American people ought to have that much power. and cannot be canceled. I remember have parted company with the Presi­ The idea that anyone would force growing up in the fifties. My mama dent, and where Congress, Democrats people to give up their private health bought an insurance policy and paid on and Republicans in Congress, are part­ insurance I think is alien to the Amer­ it 4 or 5 years. She had a major ail­ ing company with the President, is ican character. I am against the Presi­ ment, and the insurance company paid that we do not believe, and the Amer­ dent's plan not just because it will not for the first episode of medical care ican people do not believe, that having work, but because it is at variance and then immediately canceled. What the Government take over and run the with the basic character of the Amer­ good is health insurance if you do not health care system is going to solve ican people to say to someone who has have it when you need it? The good our problems. I believe the American a good Blue Cross/Blue Shield or other news is that while that happened a lot people think that what we need to do is insurance policy, who is happy with it, in the fifties, it rarely happens today. preserve the things about our health that they have to give up that policy But the point is that it ought never care system that we recognize as sec­ and they have to then buy their health happen. We can fix that. ond to none: The quality, the access to care and their health insurance I believe the President is also right the science and technology that have through a Government-controlled that we need to do something about ex­ revolutionized American medicine and agency, I think people reject that. cessive paperwork and we need to do world medicine, and our right to I think they also reject the idea that something about the regulatory bur­ choose. What we should do is change the Government ought to tell us what den. But the paradox is that while the the system to help all Americans get kind of insurance we should have. If Government now pays 31 percent of the and keep private health insurance; to the Government wants to provide in­ medical bills and generates two-thirds make it possible for people who change formation, if the Government wants to of the paperwork, the President would jobs or who get sick to not lose their help make us wiser purchasers of have us believe that if we turn the health insurance. But we should not health care by sharing information whole system over to the Government, force people out of the private sector with us, I think people are for that. somehow the paperwork and regulatory into a Government health program. But I do not believe that people think burden will disappear. I do not think Here are the things that I think rep­ the Federal Government ought to be people believe that. resent problems with the President's telling people what kind of health in­ We need medical liability reform. bill and, to some extent, with the Coo­ surance they need. The President touches on it in his bill. per bill; and it is because the American I think the American people believe I do not think it is a very dramatic public is recognizing these problems that each family ought to have the change to limit contingency fees to 30 that I believe we are going to be able to freedom and flexibility to buy the cov­ percent, every other health bill pro­ first build a consensus among Repub­ erage they want. posed has had a more comprehensive licans and then, hopefully, sit down It is not a good idea to force every­ medical liability provision than the with Democrats to try to work out a one, for example, into a system where President's. But I agree with the Presi­ bipartisan bill. they are covered for alcohol and drug dent that there is a problem and in fact I do not see a health care bill passing rehabilitation. Those are real costs, a crisis, depending on who you are and with 55 votes. I expect a health care but in many States those requirements the status of your health care. bill to pass with 80 votes, and I expect have driven up the cost of health insur­ I have never gotten into this silly de­ it to pass with 40 Republicans and 40 ance by 12 to 14 percent. The fact that bate about whether there is a problem Democrats, because I think, in the we ought to mandate, as the President or whether there is a crisis in health final analysis, we are going to decide does, that every American be covered 3770 CONGRESSIONAL RECORD-SENATE March 3, 1994 for participation in encounter group&­ that I am against. I believe ultimately care bill this year. There is absolutely ! do not know what an encounter group when we vote on the floor of the U.S. no reason that we cannot dramatically is. It may well be that an encounter Senate on these mandatory health care reform the health care system to fix group is useful. The point is, to take purchasing collectives which will force the parts of the system that are bro­ just one scenario, if a healthy 26-year­ people to cancel their insurance, force ken, to make the system more cost old is married to a healthy 23-year-old them to buy through Government, and conscious, to make it more competi­ and they have three little children and when we look at the President's ex­ tive, to make it more efficient. But we are not allowed to buy the insurance of traordinary provision which provides a are not going to find cost conscious­ their choice in case little Sarah has to $10,000 fine for anybody who tries to ness in Government, we are not going have an appendectomy or in case John­ sell private health insurance in com­ to find efficiency in Government. We ny falls down and breaks his arm, and petition with the Government, that is are going to find it by promoting price they are forced into a plan with all this not going to survive a debate or a vote competition, by making consumers exotic coverage which costs them on the floor of the Senate. more cost conscious and more respon­ money and denies them access just So I think a consensus can be sible for their own individual actions. does not make any sense. reached when Democrats and Repub­ I am hopeful that Republicans in An­ We Republicans are going to meet in licans catch up with the American peo­ napolis today and tomorrow will come Annapolis this afternoon to try to ple, reject mandatory purchasing co­ closer together, will agree to write a come together and support a unified operatives, and reject the idea of Gov­ health care plan that builds on the set of principles and ultimately later ernment deciding what kind of health principles we believe in-the right of to produce a bill. We are not going to insurance people should buy. When we people to choose, a belief that price produce a bill by the end of this meet­ focus on the parts of the system that competition promotes efficiency and ing. I think we all know it. are broken, when we provide a work­ economy. I am hopeful that as the But I think what has happened as able plan so people can keep bridge American people, as they seem to be people reject the parts of the -Presi­ coverage when they lose their jobs and doing in their great wisdom, reject all dent's program that use the coercive retain their insurance until they get a the coercive Government bureaucracy power of Government to force people new job, when we change the system to in the President's program- that we into the collectivization of health care make insurance permanent, when we can all come together, put together a purchases, is that the rejection of the deal with medical liability, when we bipartisan health care reform package, President's plan has created the oppor­ force the Government to reduce paper­ get 80 percent of the Senate to vote for tunity to bring both Republicans and work, when we allow free individuals it, and show the American people that Democrats together. and institutions to voluntarily pool to we, in fact, can do the job they want us One of the main things that Repub­ buy health insurance, and when we re­ to do. I look forward to that. licans differ from the President on is form Medicaid and use the savings to I thank the Chair for his indulgence, the role of Government. Should we give refundable tax credits to working and I yield the floor. have Government set up these alli­ moderate income people so they can The PRESIDING OFFICER. The Sen­ ances, and control the purchase of buy private health insurance, then I ator from Texas has consumed 10 gen­ health care? think we are going to find a consensus erous minutes. The President's plan says if you work on those issues. I believe the American Mr. GRAMM. Mr. President, I sug­ for a company that has 5,000 or fewer people support those reforms. gest the absence of a quorum. employees, your insurance is canceled So, the basic difference that exists The PRESIDING OFFICER. The and you have to buy health care among Republicans and among Demo­ clerk will call the roll. through this Government agency. The crats is really a difference about the The assistant legislative clerk pro­ Cooper plan says the cutoff point is 100 role of Government. ceeded to call the roll. employees, that if you work for a com­ The President believes that we Mr. LEAHY. Mr. President, I ask pany with 100 or fewer employees, your should tear down the current system unanimous consent that the order for insurance is canceled and you are going and start over. I reject that. I cannot the quorum call be rescinded. to have to buy insurance and health The PRESIDING OFFICER. Without see destroying the greatest medical objection, it is so ordered. care through these Government-run co­ system in history to start over and re­ Mr. LEAHY. Mr. President, what is operatives. build it in the Government's image. the parliamentary situation? My answer is that the magic number What we need to do is take the parts The PRESIDING OFFICER. The Sen­ is not 5,000, and it is not 100. The magic of the system that are broken and fix ate is currently in morning business. number is 1. I do not think we ought to them and we need an aggressive pro­ Mr. LEAHY. Is there a limitation of deny one American freedom to choose gram to fix them. I do not defend the time Senators can be recognized? his or her own health insurance. If our status quo. I did not create the status The PRESIDING OFFICER. There is objective is to help everybody get quo. There are many things about the 10-minute limitation. health insurance, why should we want status quo that I do not support, but I The Senator is recognized for 10 min­ to cancel the health insurance policies do not believe that we should be de­ utes. of the people who have health insur­ stroying the greatest medical care sys­ ance today? I think that makes abso­ tem in history with the idea that by lutely no sense. having Government re-create it, that SNOW AND POTHOLES So as we reject the idea that we we will be improving it. Mr. LEAHY. Mr. President, I would should cancel people's health insurance Let me also say that when some of note that the usual degree of panic has and make them buy through manda­ my colleagues longingly look toward been expressed by the local govern­ tory Government programs, I think Canada as being an ideal place where ments and media and so on because that is ultimately going to bring medical care is perfect, it strikes me as they had, I think 2, maybe even 3 Democrats and Republicans closer to­ somewhat paradoxical that nobody inches of snow-something we refer to gether. I believe that the health care that I have ever heard of in the United as a dusting back home, unless it hap­ purchasing cooperative would be inef­ States of America went to Canada to pens in July. I have heard a lot of sto­ fective in any shape, form, or fashion, get health care. Yet I see Canadians ries, even editorials, saying the weath­ other than simply allowing free people who either have the money or have po­ er is terrible here. through organizations or through busi­ litical influence come to the United I think one might justifiably ask the nesses to pool voluntarily in an effort States every single day to get health local governments if they could take a to reduce cost. But any element of care. day or so to actually teach people how mandated pooling, anything that takes So I would say, in conclusion, Mr. to remove snow. It is absolutely ridicu­ away from people their right to choose, President, that I want to pass a health lous. March 3, 1994 CONGRESSIONAL RECORD-SENATE 3771 I will not go into the usual bit about ellite dish industry possible. The li­ cities, the opportunity to see their gov­ people who come barreling down the cense provided by current law expires ernment in action and their favorite road, thinking they can stop on ice or this year, 1994. Indeed, there are less sports team, a chance to see perform­ snow, because that is obvious, and they than 120 legislative days left to us in ing arts and international news devel­ have the car repair bills to prove it. I this Congress to act on this necessary opments, as they happen, and the capa­ will not comment upon the District of legislation. To date, the legislation has bility to share in the harvest of infor­ Columbia using an outmoded way of re­ yet to be considered by either the mation and entertainment that is be­ paving their streets. Something that House or Senate Judiciary Commit­ fore us. has been turned down by every other tees, let alone scheduled for floor ac­ Mr. President, how much time do I city in the country is used here be­ tion. With the extensive agenda we face have remaining? cause, I guess, of a historic affinity for in this legislative session, including The PRESIDING OFFICER. The potholes. health care reform, welfare reform and Chair advises the Senator there are I think the only way I could com­ crime legislation-all things I and so two minutes and 40 seconds remaining. pliment those who are supposed to many others want to go forward with­ keep our streets clean is to say that we should not delay our consideration WTOP AT 25 they are very religious people. They of home satellite legislation any have an abiding faith-faith that if God longer. Mr. LEAHY. Mr. President, I want to put the snow there, God and God alone We are undercutting consumer con­ speak about a radio station I listen to will take it away. Because, God knows, fidence in the future of the home view­ virtually every day. Do you know what they are not going to. ing of satellite transmission and rais­ Walter Cronkite, Connie Chung, Sam ing needless concerns for our constitu­ Donaldson, Bill Lynch, Eric Engberg, ents, local distributors and satellite re­ Jim Bohannon, Gary Nunn, Bill Diehl EXTENDING THE SATELLITE HOME transmission carriers. Home satellite and Jamie Gange! have in common? VIEWER ACT technology has advanced to where the Besides their reputation for being Mr. LEAHY. Mr. President, I come to dish is becoming more affordable and among the finest broadcast journalists the floor of the U.S. Senate to assure about the size of a large dinner plate. in the business today? the thousands of families in Vermont This is hardly the time to allow con­ They are all members of the distin­ and the millions of households nation­ gressional inaction to interfere with guished alumni of Washington's all­ wide that their home satellite dishes these developments that hold such news radio station, WTOP. I know that are not going to go dark and that the promise for so many viewers in rural many of us listen to Dave McConnell's Congress is not about to pull the plug areas of the country. "Today on the Hill" program on our on home satellite reception. I am going In fact, the distinguished presiding way to work each morning and his late to do everything in my power to ensure officer comes from a State, a very rural night wrapup of the day's congres­ that we pass the legislation necessary State where-! know from my own ex­ sional action when we return home to continue home viewer access to sat­ perience and-the pleasure I have had that night. A lot of times I listen to it ellite reception of television. visiting North Dakota-you see anum­ late at night as I drive back home just Where mountains and distances can ber of satellite dishes as you go around to find out exactly what we did do dur­ interfere with over-the-air reception of that wonderful State. ing the day in the Congress. network broadcasts and cable is not a I join today with my distinguished Today, WTOP is celebrating the 25th viable alternative-and I can think of colleague from Arizona, the chairman anniversary of its all-news format. I my own home in the mountains of Ver­ of the Subcommittee on Patents, Copy­ am sure Charles Osgood will have mont, in a very rural area with houses rights and Trademarks of the Judiciary something in rhyme to commemorate about a mile apart where you are not Committee to urge prompt consider­ the occasion, but I would like to add going to have cable and the mountains ation and passage of legislation de­ my appreciation, on behalf of the Sen­ interfere with reception-satellite signed to continue to make possible ate, for the tremendous public service technology has provided access to the home satellite viewing of television by performed by this great station. information and entertainment avail­ those in rural areas and those who opt Washington thrives on information. able on television that those in a more to take advantage of this exciting tech­ The Congress and the White House are urban area take for granted. nological opportunity. often called upon to react to this infor­ In 1988, we made possible the develop­ By cosponsoring S. 1485 today I signal mation and we are dependent upon the ment of home satellite viewing by that I intend to make sure that the integrity of those sources of informa­ passing the Satellite Home Viewer Act. Satellite Home Viewer Act is extended tion. I am proud to have been a principal in without interruption. While the precise WTOP performs a great public serv­ the passage of that act. I am delighted contours of the legislation will be im­ ice for the people of Washington and that so many people in my own home proved by consideration and amend­ those who work on Capitol Hill. On be­ State, who might not otherwise receive ment, the fundamental purpose of my half of the Senate and thousands of ap­ signals from the networks or the super­ action today is to reaffirm that home preciative listeners, I congratulate stations or the special channels, now satellite viewing will continue and the WTOP as it marks its 25th anniversary as an all news station. can through satellite viewing. development of broadcast satellite Mr. President, I suggest the absence In fact, there are an estimated 35,000 technology and so-called wireless cable of a quorum. satellite dishes in Vermont. To put and other technologies should be en­ The PRESIDING OFFICER. The that in perspective, Mr. President, we couraged and have access to signals in clerk will call the roll. are a State of only 570,000 people. That order to provide video programming The assistant legislative clerk pro­ is a pretty high percentage. In fact, and viewing alternatives that the pub­ ceeded to call the roll. some say that we ought to change our lic wants. The prompt consideration Mr. DORGAN. Mr. President, I ask State flower from red clover to the sat­ and passage of S. 1485 will provide an unanimous consent that the order for ellite dish. I am not quite prepared to essential component of the legal frame­ the quorum call be rescinded. go that far. But if you go down any of work that is currently needed if all of The PRESIDING OFFICER (Mr. the rural roads in Vermont-and there our constituents are to have increased LEAHY) . Without objection, it is so or­ are many of them-you will see how opportunity to receive information and dered. much we rely on satellites. entertainment by way of television. Mr. DORGAN. Mr. President, I ask Last year Senator DECONCINI intro­ As we begin travelling the informa­ unanimous consent to speak for 10 min­ duced S. 1485 in order to extend the tion highway we should extend to those utes as in morning business. statutory copyright license that has in unserved and underserved areas, in The PRESIDING OFFICER. Without made the development of the home sat- remote locations and outside our objection, it is so ordered. 3772 CONGRESSIONAL RECORD-SENATE March 3, 1994 PRESIDENT CLINTON Finally, I say, finally we have a Presi­ on the subsidized Canadian railroad Mr. DORGAN. I have listened today dent who is willing to exhibit a bit of alone. We cannot compete with it. at some length to discussion on the leadership in international trade. We It is fundamentally unfair trade. It floor about a number of things. I want­ have had, year after year after year, has sucked hundreds of millions of dol­ ed to come over and say a few words trade actions by Japan and others that lars out of the pockets of our farmers. about President Clinton. are fundamentally unfair to American It has cost us an extra $600 million in It is interesting that we have so producers, drive up enormous trade added farm program payments, said the many people running for President this deficits in this country without any­ USDA, according to their own testi­ early in the season that they are bump­ body willing to stand up and say, mony. ing into each other, driving these polit­ "That's unfair to us." The question is, what is going to be ical cement trucks, careening from Uncle Sam ought to stop getting done about it? This President has side to side of the road, not caring who kicked around in international mar­ taken the first steps to address it, but or what they run into: Health care, kets. We ought not expect any special they are not steps sufficient enough to Whitewater. favors at any time, but neither should resolve the problem. And we are ask­ Let me say first about Whitewater, I we accept unfair trade. When other ing-yes, demanding-that this admin­ do not know all the facts about countries decide they want to accept istration step up and say to the Cana­ Whitewater, but I know many of the the opportunity in our market to send dians, "No more." facts about Presidential ambition. We all their goods to us, then we ought to We want trade remedies called an are told that Whitewater is a massive say one simple thing of them: We have emergency 22, emergency section 22, scandal of some sort. a requirement of you to open up your which would impose immediately a sig­ There is no alleged criminal impro­ market to our producers just as gener­ nificant tariff on that unfairly sub­ priety by the President in Whitewater ously as we open up the American mar­ sidized grain. We are having a series of that I am aware of. These were not ac­ ket to yours. That ought to be the meetings with the administration. But tions that were involved with the term standard for trade: Reciprocal trade you almost fall asleep over all these of Mr. Clinton's Presidency. We were and fair trade. meetings and all these months when told by those who continue to raise Finally, we have a President who is everybody says all these soothing this on the floor that there should be a willing to stand up to Japan and oth­ things and nothing really quite gets special prosecutor; so there was a spe­ ers--good friends, allies, trading part­ done to solve the problem. cial prosecutor named. Now we are told ners, yes--but to stand up and say we I am of the opinion that we probably that is not enough, there should be expect more from you, we expect your will not need to confirm any additional congressional committees investigat­ markets to be open to American busi­ trade folks, because we do not need ing it. nesses and American workers, and we more trade people working in any I just wonder, as I listen to all of expect to get our goods into your mar­ agency downtown if we cannot solve this, whether any helping of informa­ kets just as you flood our markets with the trade problems we now have. We tion or facts would satisfy the political your goods. That is a standard that have some nominations coming up. I appetites of those out here on the floor every American should accept and have talked to some people in the ad­ of the Senate with respect to every American ought to applaud this ministration suggesting that if that is Whitewater. President for taking that leadership. the only point of leverage, then we will Next let me mention health care. I Let me turn to one other point in have to use that. have not been a cosponsor of the Clin­ trade that we are trying very hard to We must resolve this issue with the ton health care plan. There are parts of get the White House to move on as Canadians and we must resolve it now. that plan I do not agree with. But I will well, and that is trade with Canada. Our farmers deserve no less than to say this. This President has stepped Canada shares with us the longest bor­ have the administration and Congress forward and said this health care sys­ der up North. We are good neighbors. step up and say we will not accept un­ tem needs fixing and I am going to lead We are good friends. But we have an fair trade from our neighbors. the effort to fix it. I credit him for enormously serious trade problem with The Presiding Officer, who very ably that, as opposed to previous Presidents the Canadians, and that is they are chairs the Agriculture Committee, un­ who say: "What problem? There is no flooding our market with unfairly sub­ derstands how arcane some of these problem? Everything is just fine," sidized grain. disputes are and how difficult some of while health care prices are increasing Most people do not know what durum the issues are with respect to grain. double and triple the rate of inflation is, unless you produce durum. The peo­ Most of the people in this Chamber­ every year, pricing American families ple who eat macaroni and cheese to­ ! should say most of the people in the out of the ability to get health care for night will not know they are eating other Chamber, in the House of Rep­ their children. something produced from semolina resentatives--come from urban areas. Things are just fine? flour. Semolina flour is the ground Many in this Chamber grew up in They are not fine. We do have a crisis product of durum wheat. Eighty per­ urban areas. They do not have to live in health care for too many American cent of the durum wheat raised in in a rural area in order to serve here. families. I credit this President for America is raised in North Dakota. Those of us who come from rural areas saying this is an issue this Congress So if this evening you decide to have have to live in an urban area to serve must address. Good for him. a pasta dinner, you are likely to put here. That is part of the requirement of For those who are having what is something in your stomach that comes serving in the U.S. Senate: You have to called a retreat this afternoon, I would from a durum wheat field in North Da­ live at least part of the year in Wash­ say that is probably an apt description kota. ington, DC. We understand urban prob­ of where they are heading, a retreat. When we had the United States-Can­ lems because we are forced to live here Because finally, this President through ada Free-Trade Agreement before the to serve here. his leadership is bringing them, as Congress, our farmers were literally The reverse is not true. Urban Mem­ well, into the discussion about how to sold out by then Trade Ambassador bers of the House and Senate do notal­ fix this difficult problem. Yeutter and by the administration. We ways understand the problems we have had zero durum wheat shipped into our in rural America. We have very few country at that point from Canada. Do people out there. They are important. TRADE you know what it is now? Twenty per­ Their livelihood is fragile, depending Mr. DORGAN. Mr. President, let me cent of domestic consumption-all of on the weather, depending on the price. turn to trade just for a second. Presi­ it-is coming in unfairly subsidized. If they get a crop, there might be a de­ dent Clinton is also under attack for None of it is trade with which we can cent price from the harvest; more than his position on trade issues with Japan. compete-50 cents a bushel subsidy just that, depending on the trade rules, be- March 3, 1994 CONGRESSIONAL RECORD-SENATE 3773 cause we must find a foreign home for and Chester Finn, Jr., argues that in the essence of the education of our half of what we produce. our national concern over science and children," he writes. He objects to Trade rules are unfair to them. When mathematics education, following the "cafeteria-style education" and "the you have trade rules that are as unfair sputnik scare of the 1950's, we turned shopping real high school," in which as the rules have been with Canada, our attention away from the human­ students randomly and arbitrarily our farmers understand and are dem­ ities to the sciences and reduced his­ choose what they will study amid myr­ onstrating in 30 degree below weather tory to just one of the "social studies." iad classes, many drawn not with the up on the northern border that this They lament that as a nation we have core curriculum but from passing fads Government take action. lost any consensus about what authors and fancies. He believes that teaching I talked with President Clinton as re­ should be read, what subjects should be children the "national mainstream cul­ cently as 2 days ago about this subject. studied. Standardized testing subse­ ture" will help them to understand I implore him again that we need to quently concentrated on verbal skills those values, but not force them to ac­ take effective, immediate, and decisive over literary knowledge and apprecia­ cept those values uncritically. Cultural action to respond to this issue. tion, and on mathematical equations literacy will place "a higher value on Mr. President, I yield the floor, and I rather than a sense of history. As a re­ national rather than on local informa­ suggest the absence of a quorum. sult, we have produced a generation of tion," and give students a greater The PRESIDING OFFICER. The young citizens who have graduated breadth of view. clerk will call the roll. from high school without having read Professor Hirsch then offers a 63-page The assistant legislative clerk pro­ Charles Dickens or Mark Twain, and list of names, dates, places, events, and ceeded to call the roll. Mr. BYRD. Mr. President, I ask unan­ who have not the slightest clue who concepts that literate Americans ought imous consent that the order for the Herodotus or Thucydides were. Many to know. This list is probably what quorum call be rescinded. young people cannot tell when World made his book a best seller, as readers The PRESIDING OFFICER (Mr. War II was fought, cannot identify the who studied the list could then pride SHELBY). Without objection, it is so or­ Magna Carta; and cannot explain why themselves on their literacy. Others dered. President Washington was also called have objected to such reductionist ap­ Mr. BYRD. Mr. President, I ask unan­ "General Washington." And the only proaches to knowledge and literacy. imous consent that I may proceed for information they have about Abraham Professor Fred Newmann, director of an additionallO minutes. Lincoln is that-as I heard one young the National Center on Effective Sec­ The PRESIDING OFFICER. Without lady say-"he was shot." We may well ondary Schools, spoke for those who objection, it is so ordered. have produced a generation of voters felt we should "go for depth" of learn­ who cannot understand what they read ing rather than limit ourselves to Pro­ in the newspapers or hear on the media fessor Hirsch's lists of specific back­ THE STATE OF HISTORY because they lack any historical ref­ ground information. In response, Pro­ EDUCATION erence points. fessor Hirsch admitted that he did not Mr. BYRD. Mr. President, the Wood­ One newspaper columnist has written "love a list," but was impelled to cre­ row Wilson International Center for "In Praise of the Non-Voter." Rather ate one by the logical and practical Scholars, which operates out of the than being depressed that only half the constraints of trying to identify the Smithsonian Institution, recently re­ eligible voters showed up to cast bal­ core knowledge that all educated citi­ ported a revival of the study of classi­ lots on election day, columnist Doug zens should possess. His list, he hoped, cal history and philosophy in the So­ Bandow took satisfaction on the would open debate about what that viet Union. Private educational insti­ grounds that people who do not know core knowledge should be. tutions are being established there to enough about the issues should not be Open-or at least contribute mightily study the humanities-although Soviet encouraged to vote. "High school grad­ to a debate he surely did. In the last authorities have not yet permitted uates these days have no idea where few years both popular and scholarly these schools to award degrees. The most foreign countries are." He noted, journals have produced a literary ava­ Wilson Center suggests that "the popu­ "they have no sense of history and lanche of articles on what has gone larity of such 'non-utilitarian matters' don't understand economics." I can wrong with our study of the human­ as Greek and Roman classical works agree with his assessment of the cur­ ities. The Bradley Commission on His­ represents a clear breakdown of the rent state of history education, but I tory in the Schools, designed to help ideological control Soviet authorities cannot subscribe to a cure that dis­ States perform their history education, once exercised over education." This is courages voters. I would rather ensure has proclaimed that the study of his­ welcome news, and yet how ironic it is that all citizens are educated suffi­ tory fosters better "habits of the that the study of Western civilization ciently to carry out their responsibil­ mind," among them "critical thinking, seems to be bursting forth in the So­ ities and preserve our democratic form acceptance of uncertainty, [and] appre­ viet Union at the very time it has been of government. Every citizen must ciation of causation." Professor Paul declining in the United States. have some sense of history in order to Gagnon, staff director of the Bradley The distinguished former Chairman make choices about today's social, eco­ Commission, testified that such books of the National Endowment for the Hu­ nomic, and political issues. as "What Do Our 17-Year-Olds Know?" manities, Mrs. Lynne V. Cheney, had Along these same lines, University of and "Cultural Literacy" have stimu­ written about how tragic it is that Virginia Professor E. D. Hirsch, Jr., has lated a much-needed review of history Americans as a society no longer em­ called for improvement of America's education, and also considerable oppo­ phasize the study of history and lit­ "cultural literacy." Professor Hirsch sition from those who fear that they erature in our schools. She pointed out writes: "To be culturally literate is to will bring about a return to rote learn­ that the study of history-which was possess the basic information needed to ing of facts and jettison "relevance" part of every year's curriculum when thrive in the modern world." He argues from the curriculum. my generation attended high school­ that the cultural "illiteracy" of so Professor Gagnon added his own pre­ has generally now been reduced to a many citizens is a result of the failure scriptions in an important cover-story single year. And even within that sin­ of our schools, which offer "a frag­ in the Atlantic Monthly, "Why Study gle year, many State education sys­ mented curriculum based on faulty History?" "When Students, and School tems have de-emphasized the chrono­ educational theories." Professor Hirsch Boards Ask, 'Why History? What Are logical study of history in order to not only believes that there is a na­ We Supposed To Be Getting Out of focus on more topical, social studies is­ tional culture, but that it can and This?'" He wrote, "the best answer is sues. must be studied and mastered. "To still that one word: Judgment." Citi­ A provocative book, "What Do Our teach the ways of one's own commu­ zens need to possess a judgment guided 17-Year-Olds Know?" by Diane Ravitch nity has always been and still remains and enlightened by history. Judgment 3774 CONGRESSIONAL RECORD-SENATE March 3, 1994 requires more than simply a civics les­ Pick up any high school textbook that textbooks adopt a multicultural son on the tools of government, it re­ today and you will notice immediately approach to history, or emphasize the quires wisdom, a sense of tragedy, com­ that it looks different from the books development of the free-enterprise sys­ edy, irony, and paradox- and history, we read. Those of us who have lived a tem, or include references to a particu­ biography, and literature, "if they are long time and others who have not lar hero of that State. Moreover, the well taught, cannot help but convey lived so long will notice immediately increased academic interest in social th~m." Gagnon tells us that history that the history textbook of today history has reduced the space available helps students develop a sense of looks different from the book that you in textbooks for more traditional polit­ "shared humanity." History helps stu­ read. For one, there are color illustra­ ical and diplomatic history. More his­ dents to understand themselves and tions on practically every page. In tory is also devoted to women, African­ others, by showing their resemblances Muzzey there were none. There is noth­ Americans, Hispanic-Americans, to people of different times and places: ing wrong with color pictures, particu­ Asian-Americans, and Indian-Ameri­ History helps students to question larly if they catch a student's atten­ cans, each of whom has sought strong stereotypes. History helps students to tion and imagination. I am very voices of advocacy in the textbook­ distrust simple answers and to pleased with the handsome appearance adoption process. Taken on their own, confront complexity in human action of the color pictures in my own re­ these may all be valid requests, but put and motivation. History even helps cently published "History of the Unit­ together, they certainly make it dif­ students to recognize the abuse of his­ ed States Senate." But I must admit a ficult for publishers to satisfy everyone torical "lessons" and other forms of preference for colorful writing over and still retain their individual char­ misinterpretation and distortion of the colorful pictures. The real test of a acter and style. I wonder how Muzzey past. textbook is in the words, the story, and would have fared against such odds. History is at its best when it pursues the flow of the narrative. Thankfully, Mr. President, my ancestors came broad themes, but Professor Gagnon some books still tell a good story, but from England and so I suppose I would particularly faults American history others read as if they were written by call myself an Anglo-American. But I textbooks for a lack of imagination in a committee-and most likely they think there are too many hyphenated presenting these themes and the broad probably were! Americans. Afro-Americans to me are sweep of history. In recent years text­ How did textbooks get this way? Part Americans, and so are all of the other books seem to be stripped of style, and of the problem lies in the fragmented hyphenated Americans, if they are devoid of any point of view. Trying to nature of our National Education Sys­ born in this country. I can be just as appeal to everyone and to offend no tem. proud of my Anglo-American heritage one, they may well have appealed to no The United States has developed 50 as anyone else can be of theirs. But I one and offended everyone by their approaches to education, and an even am not a hyphenated American. I am blandness. What a shame that is, be­ greater number when one considers the not an Anglo-American. I am an Amer­ cause I still remember the vivid prose individual towns and counties and local ican. and sweep of the textbook that I read school districts that direct education So that is the way I look at it. in high school, as a matter of fact, in in their schools. When it comes to Now, what is the answer? As a na­ Elkton in the elementary school, by adopting textbooks, about half the tion, Americans recognize that we have David S. Muzzey, "History of the States have some form of State-wide drawn our heritage from the contribu­ American People." Since Muzzey, his­ adoption. Under these systems, the in­ tions of men and women from all con­ tory textbooks have apparently lost dividual State reviews the various tinents. Over the past decades, the their world view and make few com­ textbooks that publishers offer and se­ lives and writings of individuals from parisons with events happening outside lects a limited number from which the all of these hyphenated groups have of North America. In their rush to in­ various schools in that State can been incorporated into our traditional clude the lives of "ordinary people," choose. If a book is not adopted, it can­ fields of study-and rightly so. But, I they have diminished the stature of the not be purchased by the public schools would agree with Ravitch and Finn leaders and heroes who once made his­ in that State. Naturally, larger States that: tory thrilling and inspired young lead­ like California and Texas, with their It is possible to define American history, ers. Trying to become more demo­ larger sales potentials, will influence with all its complexity, controversy, and va­ the market far more than smaller riety, as the story of a people forged from cratic, they have lost much of their many different pasts but joined together power to serve as educators of democ­ States. Some large States, like New under a common political system. There is, racy. York, have a system of local option, in short, an American people-we ought to These themes are repeated in various leaving decisions to local school be proud of that-not just a mosaic of unre­ forms in such studies as Harriet Tyson­ boards. Regardless of the merits of lated groups, each with its own story, dis­ Bernstein's "A Conspiracy of Good In­ these State and local approaches, they connected from the whole. tentions: America's Textbook Fiasco," have tended to fragment educational Mr. President, from what I have been Gilbert T. Sewall's "American History policies and leave textbook publishers saying, I think it is obvious that I find Textbooks: An Assessment of Quality," in something of a quandary over how history worth studying. History is ex­ and the People for the American Way's they can possibly appeal to so many citing. It is flesh and blood. It is "Looking at History: A Review of different demands. drama. It is enormously instructive. I Major U.S. History Textbooks," as well For many years, for instance, some can also attest that history is exact­ as Professor Gagnon's pamphlet, "De­ southern States would not purchase ing. It requires research. It requires ac­ mocracy's Half-Told Story: What books that employed the term "Civil curacy and precision. It requires analy­ American History Textbooks Should War," preferring, instead the euphe­ sis. It requires understanding and even Add.'' mistic "War Between the States." empathy for those who went before us, Now, it is worthwhile to mention Textbook publishers complied by pro­ and whose lives and deeds have so that while these studies are uniformly ducing two different versions of their much to teach us. critical of American history textbooks, books with the appropriate nomen­ A taste for history can become un­ especially on the high school level, clature for each region. But issues of quenchable. My own studies began with they each have favorite books that interpretation are much harder to re­ the institution of the Senate, and then they cite as better than the rest, and solve. How should these textbooks deal led me back to our pre-history in the they do not at all agree on which books with the issue of slavery and recon­ British Parliament. are the best. In other words, the si tua­ struction, when the north and south Of course, as I already indicated, tion is bad but not hopeless, and there still, a century and a quarter after the they began with Muzzey, but more re­ are some good products available on Civil War, hold different interpreta­ cently my studies began with the insti­ the market. tions? Other States have mandated tution of the Senate and then led me March 3, 1994 CONGRESSIONAL RECORD-SENATE 3775 back to our present-history in the Brit­ Herodotus tells us about the Persian act of aggression was now regarded as the ish Parliament. From there I found Kings, about how Darius, of Hystaspes, courage one would expect to find in a party myself reading about the Roman Sen­ was made king by the neigh of a horse. member; to think of the future and wait was merely another way of saying one was a cow­ ate and further back to the Greek Thucydides followed shortly after ard; any ideas of moderation were just an at­ democratic city-states. As a result, I Herodotus and appears to have been tempt to disguise one's unmanly character; have come to believe that Americans much influenced by him. Indeed, his ability to understand a question from all need more than a knowledge of their story began where Herodotus's ended; sides meant that one was totally unfitted for own history. Mainly, we should know and Xenophon's story picked up where action. Fanatic enthusiasm was the mark of American history. One needs a knowl­ Thucydides left off. a real man. edge and appreciation of world history. Xenophon wrote about the Anabasis, How modern that sounds! Therefore, with regard to the debate the going in to Persia by Cyrus the Mr. Pi'esident, our students should be over "Euro-centric" history and "Afro­ Younger, the brother of Artaxerxes II, reading Herodotus and Thucydides and centric" history, I would endorse and about the death of Cyrus at the Polybius and Livius and Gaius "global-centric" history. We need to battle of Cunaxa. Sallustius, Crispus, and Tacitus, and broaden our focus, not shut our eyes to Thucydides tells us that his history Zosimus, and Suetonius, and Gibbon, the achievements and lessons from all is not easy to read "because of the ab­ and others. parts of the world. sence in it of a romantic element." He They should be studying particularly I find it strange, for instance, to was not writing in the style of Homer, America's history and literature, and identify ancient Greece as part of a with heroes and gods and monsters and English literature and English his­ "Euro-centric" curriculum, when the daringly impossible feats. Instead, he tory-the history of the British, the ancient Greeks had far more contact wanted to write factual story of real history of the people of the British with the Middle East and Africa than people and nations engaged in a long Isles, which are today known to us as with Europe. Moreover, many of the war. He did not believe in knowledge Scotland, Ireland, Wales, and England. writings and lessons of the Greeks were for its own sake, but something that And what history is more fascinating preserved not by Europeans but by could be used. Thus, he wrote: than the history of the Romans? Arab scholars, from whom the Euro­ It will be enough for me, however, if these They should have enough time in peans eventually received back that words of mine are judged useful by those who their curricula to study all of those lost heritage. want to understand clearly the events which fields comprehensively and in depth. Why should American students study happened in the past and which (human na­ Prof. Peter Stearns of Carnegie-Mel­ · the Ancient Greeks? It was from the ture being what it is) will, at some time or lon University has urged that Amer­ Greeks that we inherited our concept other and in much the same ways, be re­ ican history be taught as part of the of democracy, and from whom we peated in the future. My work is not a piece "much broader historical panorama" of learned the wisdom of dividing govern­ of writing designed to meet the needs of an the world. More comparative history, immediate public, but was done to last for- more interaction between world and ment into different branches. In the ever. Fourth Century B.C., Aristotle divided American history, more global perspec­ government into . "three elements." Thucydides distinguished his own tives, he reasons "will help students in­ The first was "the deliberative ele­ form of factual history from the "prose telligently assess any claim to Amer­ ment," or the legislative branch, along chroniclers" of his time, who he in­ ican uniqueness or to understand why with an executive branch and a judicial forms us, "are less interested in telling foreign views of the United States-and branch. Aristotle found it in the inter­ the truth than in catching the atten­ its history-may well differ from their est of a democracy that "the parts of tion of their public," and "whose au­ own." the state should be represented in the thorities cannot be checked." He might I, for one, welcome the debate over deliberative body by an equal number very well be describing the many our history education, and trust that of members," the formula that the "prose chroniclers" of our own day, its effects will be felt in classrooms all Constitutional Convention adopted for who pass off rumors and gossip and over this Nation. We must do all that the U.S. Senate. He recommended that una ttribu ted "deep-background" we can to stimulate and support our the legislature be sovereign in such quotes as gospel truth and offer no pos­ educational system if we hope to matters as war and peace and the mak­ sibility of verification. produce new generations who are capa­ ing and breaking of alliances, in the His history of the Peloponnesian War ble of carrying out their responsibil­ enactment of all laws, and in the ap­ is the story of alliances, of mistrust, of ities as citizens with an appropriate pointment of all magistrates. military action, victory, retreat, and sense of history. Polybius, who lived from 205 B.C. to defeat, of fortifications and land and I close with Cicero's words: 125 B.C., spoke about a government naval battles, of diplomacy oratory, One should be acquainted with the history with separation of powers. and politics, of how small allies can of past events. To be ignorant of what oc­ He talked about the Romans, and trigger warfare between large powers, curred before you were born is to remain al­ their checks and balances. of how people can miscalculate their ways a child. Our Founding Fathers had the bene­ strength, miscalculate their enemies. (Mrs. BOXER assumed the chair.) fit of a classical education, and were He wrote of the love of power, of indi­ well aware of such theories at the time vidual and communal greed and treach­ they drafted our Constitution. To un­ ery, of violent fanaticism, even of poli­ HAPPY BIRTHDAY, EDDIE WALKER derstand our Government today we, ticians who tried to deny bad news by Mr. BYRD. Madam President, from therefore, need to understand Aris­ attacking the medium that brought time to time in my daily life, I am totle, Lycurgus, Polybius, the Greeks, the news. In short, although writing privileged to encounter a man or and the Romans. about the distant past, he was catalog­ woman who renders exceptional service The very concept of a historian ing and analyzing human nature, which in his or her work, who seems to have comes from the Greek historein, mean­ is timeless and universal. discovered in his or her work a special ing "to inquire," and a sustained in­ Napoleon said, "Let my son often calling, who feels that no respectable quiry was a historia. Herodotus was the read and reflect on history; this is the job is demeaning and who believes that first historian. He lived from circa 480 only true philosophy." a big man can make a little job big, to circa 420, B.C. Thucydides tells us that "war is a and who consistently leaves those to Thucydides lived from circa 460 to stern teacher." Centuries before whom those services are rendered with circa 400, B.C. Herodotus lived during, George Orwell, Thucydides understood the impression that such services were the Fifth Century B.C., and his account the politics of words: adorned with courtesy and performed of the Greek war with the Persians is To fit in with the change of events, words, with pleasure. considered the first work of Greek his­ too, had to change their usual meanings. Such a man is Mr. Eddie Walker. Who tory. What used to be described as a thoughtful is Eddie Walker? You have all seen 3776 CONGRESSIONAL RECORD-SENATE March 3, 1994 him. I am sure he has said hello to ev­ WTOP 25TH ANNIVERSARY as I noted in earlier remarks to the eryone here, whether or not they both­ Mr. BYRD. Madam President, today Senate, the Republican Senators have er to respond by saying hello to him. marks the 25th anniversary of Wash­ a meeting today and tomorrow on He is the Lead Waiter with the U.S. ington's only AU-News radio station, health care, and the Republican leader Senate Restaurant's Banquet Depart­ WTOP. WTOP's reputation for present­ asked me to change the schedule to ac­ ment. ing the news instantly and in a unbi­ commodate Republican Senators for that meeting. I was pleased to do so. I Edward Steven Walker started work­ ased manner is well known. It sets a applaud their attention to the impor­ ing with the Senate Restaurant on Oc­ good example of providing the facts to tober 26, 1971-nearly 23 years ago-at tance of the subject of health care. As its listeners without editorializing. I also noted in my earlier remarks, the age of 20. He has spent more than This is quite a milestone for the per­ half of his life working here for Sen­ Democratic Senators have had a num­ sonnel at WTOP and I am sure that my ber of meetings on this subject, and ators, for the families of Senators, for colleagues and all join with me in wish­ tourists, for the general public, and for they will have a number of additional ing the personnel at WTOP many more meetings. all of the people who work with us and years on the air. for the Senate. My hope is that out of these respec­ Eddie Walker seems to perform all of tive meetings can come a genuinely bi­ TRIBUTE TO PAUL DUKE partisan effort to reach agreement to his assignments with a smile-some­ reform our Nation's health care sys­ thing of a rarity in so many occupa­ Mr. BYRD. Madam President, this tem. The problems that Americans face tions nowadays. And he is always po­ weekend will mark a real sea change with respect to the cost of health care lite, and that is all too often a scarce for devotees of good political discus­ are neither Republican problems nor commodity nowadays. His smile is one sion. On Friday night, that is tomor­ Democratic problems. They are prob­ of those contagious expressions that row night, Paul Duke will celebrate his lems that face every family, regardless makes its recipient feel better for hav­ last night as moderator of the PBS pro­ of politics or political philosophy or ing received it. gram "Washington Week in Review." I persuasion. I believe it will take a gen­ Ever dependable, Eddie Walker al­ have known Paul Duke for many, many uine bipartisan effort, with our alle­ ways seems to be here at 7 o'clock in years. I have not seen him in a while giance being first and foremost to the the morning, and often stays late in face to face, and I will miss him. national interest, for us to resolve this the evening, sometimes until 10, 11, or Paul has been an institution in this matter and to reach agreement on even 12 o'clock at night, depending on town for over two decades and he has what I hope will be a meaningful and the scheduling of special dinners, re­ come to symbolize all that is good bipartisan and comprehensive reform ceptions, or banquets. about the media's role in reporting the of our Nation's system of health care. Regardless of the time of day that I business of Congress and the White There are many things we must do. encounter Eddie Walker, he seems al­ House. His ability to transcend the First and foremost among them, we ways to have something kind or pleas­ fray and present a balanced, fair, and must see to it that every American has ant to say to me-something that fur­ decent program is legendary. Paul has private health insurance that cannot ther brightens my day or that makes never made himself the focus of the de­ be taken away, health insurance that me glad that Eddie Walker is my bate. He has always brought the proper is permanent, noncancelable, and that friend. combination of expertise and guidance, travels with that person for life. No Madam President, I make a point of and graciousness to his role. As a re­ longer should Americans have to fear sharing these thoughts about Eddie sult, Paul has set a remarkable stand­ the loss of health insurance if they lose Walker because this Saturday, March ard. One that will not be easily re­ or change their jobs, if they move from 5, is Eddie Walker's 43d birthday. Oh, peated. It is my hope that his contribu­ one place to another. to be 43 again! tion to his profession will be remem­ No longer should a single American­ On this occasion, I wish Eddie Walker bered and that journalists will seek to a single American-have to choose, let the happiest of birthdays, and I know emulate him. alone the many thousands who now that I speak for all of our colleagues I congratulate Paul on his great con­ make the most basic decisions of life who have been recipients of Eddie tribution to Washington and wish him based upon health care considerations. Walker's unique graciousness, when I all the best in his future plans. Right now in this country there are express this greeting to one of the peo­ The hours are like a string of pearls, thousands of people who decide wheth­ ple who makes the work lighter and The days like diamonds rare. er or not to marry, whether or not to every day a little brighter for all who The moments are the threads of gold, have children, where to live and where are privileged to serve in the United That bind them for our wear. to work, based upon health care insur­ States Senate. So may the years that come to you (Paul), ance and cost considerations. I person­ So, Eddie, Such wealth and good contain. ally have met with many such Ameri­ That every moment, hour and day, cans. Count your garden by the flowers Will be like a golden chain. Never by the leaves that fall; I held a series of hearings around the Count your days by the sunny hours, I yield the floor. country, and I was shocked to hear Not remembering clouds at all; I suggest the absence of a quorum. people tell me that they are either not Count your nights by stars, not shadows, The PRESIDING OFFICER. The going to be married or not going to Count your life by smiles, not tears, clerk will call the roll. have children solely because of their And on next Saturday afternoon, The bill clerk proceeded to call the concern about health insurance and the Eddie: roll. cost of health care. Count your age by friends, not years. Mr. MITCHELL. Madam President, I And, of course, we all know about the ask unanimous consent that the order growing phenomenon of joblock, where Madam President, I suggest the ab­ for the quorum call be rescinded. millions of Americans have jobs that sence of a quorum. The PRESIDING OFFICER. Without are not making the maximum use of The PRESIDING OFFICER. The objection, it is so ordered. their talents, and who could, in fact, Clerk will call the roll. and would like to have other jobs, but The bill clerk proceeded to call the do not move because of their fear of roll. HEALTH CARE losing health insurance. This creates Mr. BYRD. Madam President, I ask Mr. MITCHELL. Madam President, massive inefficiency in a free-market unanimous consent that the order for as all Members of the Senate know, or­ economic system in which the highest the quorum call be rescinded. dinarily the Senate would be in session level of productivity is when each per­ The PRESIDING OFFICER. Without well into the evening on today- a son is working at the maximum level objection, it is so ordered. Thursday-and tomorrow as well. But of talent which he or she has. T"'"·---····--

March 3, 1994 CONGRESSIONAL RECORD-SENATE 3777 So there has to be health insurance I have toured every health-care facil­ sure, that woman is much more likely for every American. There has to be ity in my State, and I have been in to have a child born prematurely of low control of cost. We cannot continue the many health-care facilities in other birthweight, therefore requiring these escalation of health care costs that is States. Some time ago, I was privileged heroic and expensive measures, than occurring in this country, that has oc­ to be taken on a tour of the Tampa, one who does not suffer from those curred over the past several decades. FL, General Hospital. It is a very fine pressures, who is not subject to those Volumes have been written on it; community hospital in a large urban pressures, and who has the opportunity books have been written on it; but one area with a diverse population. As I and the means to see a doctor on a reg­ statistic tells the story. In 1960, Ameri­ walked through the pediatrics ward, ular basis and to have any problems cans spent on health care in the aggre­ the chief pediatrician pointed to a row taken care of, or, most importantly, to gate $27 billion. This year, Americans of incubators along the wall and said: take reasonable preventive measures. will spend on health care in the aggre­ "Senator, those are our million-dollar That is just one example, and there gate $950 billion. From $27 billion to babies." are literally hundreds of such exam­ $950 billion. That is a rate of increase I said, "What do you mean by that?" ples, of how we can have a healthier so­ which cannot be sustained. She said: "It is a term of affection, I know there are some who say the ciety, a better society, and spend less but the cost of keeping each of those money. rate of increase has moderated a little babies alive has exceeded $1 million. In bit in the most recent year or two and, Would we all not be better off if there the case of some of them, it is $2 mil­ were fewer $1 million babies or $100,000 therefore, ought not be a matter of lion or $3 million." concern. These are among the no-crisis I went over with her to the row of in­ babies, whatever the figure? We would exponents in our society who say this cubators and walked along and looked have healthier babies, healthier moth­ is not a crisis, this is not a real prob­ at each of those babies. Some of the ers, healthier families, a healthier soci­ lem, we really do not have to do very parents were there, and I talked to ety, and spend less in the process. much. some of them and I inquired about the It is so obvious, it is so clear, the Madam President, Members of the histories of the babies and the parents. knowledge exists. The only thing lack­ Senate, I strongly disagree. They were different. This is a diverse ing is the political will to do what we We must act. We must act this year. urban area, but there was one common know must be done. And that is our I would like to make a final personal task. appeal on one subject which has been a theme among most of them. Most of matter of special consideration and at­ these babies were born of mothers who Each of us sought this office. Each of tention for me. had received no prenatal care. In plain us worked very hard to get here. And Before becoming majority leader, I and simple English, many of these once we get here, it is our responsibil­ served as chairman of the Senate young mothers had not seen a doctor ity to act in the national interest, not Health Subcommittee, and I have been between the time they conceived and merely to serve in public office for the privileged to serve on that Health Sub­ the time they gave birth to the child. glory of being in public office, but to committee in all the years I have been That ought to be shocking to all of use that limited opportunity, the short in the Senate. us. I am absolutely certain that every time that each of us has in life overall I became a ware then and have be­ single Member of this Senate would and in public life to do something good come increasingly aware of the need find it unthinkable, if one of their chil­ and meaningful and positive and bene­ for much greater emphasis on primary dren became pregnant, that she would ficial to the country. That would be and preventive care in our society. One not see a doctor during pregnancy. For the best legacy we could leave individ­ of the reasons Americans spend so us, it would be unthinkable. ually and as a Congress. much on health care is that we spend What is unthinkable for us ought to Our challenge this year-and it is a almost all of it trying to make people be unthinkable for every American challenge that no other Congress has well after they have become ill. We de­ family. It is unacceptable that what is faced with as much opportunity in vote very little attention, very little unthinkable for us is the reality for many, many years-is to pass com­ effort, and very little in the way of re­ many American families. It simply prehensive, meaningful health care re­ sources-and almost nothing in the ought not to occur in America. form. way of education-in an effort to per­ Every single American woman should know that if she becomes pregnant, she Madam President, I commit myself suade people that it is in their personal to that objective. Again, I express the interest to concentrate on wellness. can see a doctor. The normal, reason­ determination of t~e Democratic Mem­ Healthy people do not need as much able, preventive measures that our health care as people who are not children would take under similar cir­ bers of the Senate to get this job done healthy. That is so obvious it needs to cumstances ought to be taken by every this year. We look forward to working be restated: We must undertake a pregnant American woman. This sim­ with our Republican colleagues. We do major national effort at education, at ply ought not to occur in our country, not think we have all of the answers. prevention, to change the minds and and yet it does with distressing fre­ We do not think our way is the only attitudes and poor health habits of quency. way. We welcome discussion. We wel­ Americans, to concentrate our efforts I have had many people say to me, come dialog. We welcome negotiation. on personal responsibility. Every per­ "Well, there really are not that many Let us keep our eye on the common son is personally responsible for his or $1 million babies." Maybe there are objective that we share and not be di­ her well-being. It is something that is $800,000 babies, maybe there are $400,000 vided by the differences on how best to so obvious that it is often not said. But babies, maybe there are $100,000 babies. get there. With good will, with deter­ we have to do a much better job, espe­ But the reality is this: The rate at mination, with commitment, and with cially among young Americans, of en­ which babies are born prematurely and a proper sense of what public service couraging them to discontinue poor of very low birthweight is markedly means, I am convinced we can reach health habits and to encourage the higher among women who do not re­ that goal. kinds of habits that will permit longer, ceive prenatal care than it is among So I look forward to welcoming our fuller, more meaningful, and more those who do. Republican colleagues back to the Sen­ healthy lives. We can save billions of That, again, is just obvious common ate next week with a view toward sit­ dollars in the process, and although the sense. A pregnant woman who does not ting down and golng forward and work­ examples are legion, I am going to take see a doctor, especially one who may ing together and achieving this impor­ this opportunity to recite just one of not have a high level of education, who tant national objective. It is the most them because I think it is an example may not have a supportive, intact fam­ important thing we have to do. If we do with which every American can and ily, who may be frightened and under it, we will have performed a valuable should identify. enormous social and economic pres- public service. 3778 CONGRESSIONAL RECORD-SENATE March 3, 1994 SENATOR SPECTER ARGUES So when you hear a politician or an Luge: Jon Edwards of South Weymouth BEFORE SUPREME COURT editor or a commentator declare that and Erin Warren of Somerville. Bobsled: Jim Herberich of Winchester. Mr. WARNER. Madam President, I "Reagan ran up the Federal debt" or Men's 5,000 meter short track relay: Eric rise to commend my colleague, the sen­ that "Bush ran it up," bear in mind Flaim of Pembroke. ior Senator from Pennsylvania [Mr. that it was, and is, the constitutional Women's 3,000 meter short track relay: SPECTER], for personally arguing yes­ duty of Congress to control Federal Karen Cashman of Quincy. terday the case of Dalton versus Spec­ spending. Congress has failed miserably Hockey: Tim Taylor of Natick (Head ter before the Supreme Court of the in that task for about 50 years. Coach), Jim Campbell of Westborough, Ted United States. The fiscal irresponsibility of Con­ Crowley of Concord, Peter Laviolette of gress has created a Federal debt which Franklin, Jeff Lazaro of Waltham, John This case was originally filed by Sen­ Lilley of Wakefield, David Sacco of Medford, ators SPECTER, WOFFORD, BRADLEY, and stood at $4,554,851,980,565.91 as of the and Garth Snow of Wrentham. LAUTENBERG, as well as other Penn­ close of business yesterday, March 2. sylvania, New Jersey, and Delaware Averaged out, every man, woman, and elected officials and various unions, to child in America owes a share of this PARTNERSHIP FOR PEACE: A protest the alleged violations of law in massive debt, and that per capita share CONFUSED POLICY the procedures followed by the Base is $17,470.89. Mr. HELMS. Madam President, one Realignment and Closure Commission of the special friends that I have made [BRAC]. The BRAC recommended clos­ since I came to Washington is a true ing the Philadelphia Naval Shipyard. MASSACHUSETTS ATHLETES IN THE 1994 WINTER OLYMPICS patriot who has served his country Senator SPECTER argued that the long and well-Lt. Gen. Edward L. Navy deliberately concealed from the Mr. KENNEDY. Madam President, it Rowny. Ed Rowny has distinguished BRAC certain information which ar­ is a privilege to commend the 17 ath­ himself in every assignment he has un­ gued for keeping the Philadelphia letes and the 2 coaches from Massachu­ dertaken. Naval Shipyard open. The argument setts who earned the honor of rep­ As a military man, his career was before the Supreme Court yesterday fo­ resenting the United States at the win­ nothing short of superb. As deputy cused on the question of whether the ter Olympic games in Lillehammer, chairman of NATO's military commit­ courts had any power to require that Norway, last month. tee he earned the respect of everyone the BRAC follow the procedures out­ All of these athletes and coaches de­ who observed his work. As an arms lined in the Base Realignment and Clo­ serve great credit for their achieve­ control negotiator, Ambassador Rowny sure Act. Senator SPECTER argued that ments. The outstanding performance of handled every sensitive aspect in a the Department of Defense had specifi­ Nancy Kerrigan was a profile in cour­ manner that served well the hopes for cally violated the act's requirements age because of her extraordinary grace peace in the world. that all information relied on in the under extraordinary pressure. She Madam President, Ambassador base closing process be made available skated into the hearts of our country Rowny was present at the Wehrkunde to the Commission, the GAO, and the and the world in winning the silver Conference in Munich in early Feb­ Congress. medal in figure skating, missing the Senator SPECTER pointed out that a ruary. He told friends later that the gold medal by only the narrowest of new Secretary of Defense, Bill Perry, long line of Supreme Court decisions, margins. from Chief Justice Marshall's opinion "foreshadowed the administration's I also particularly commend Eric stiffening policy on Bosnia." in Marbury versus Madison in 1803 to Flaim, who won a silver medal as part the Youngstown case involving Presi­ Upon his return, Ambassador Rowny of the Men's 5,000 Meter Short Track penned an article for the Wall Street dent Truman's seizure of the steel Relay Team and Karen Cashman, who mills in 1952, require the courts to de­ Journal which should be must reading won the bronze medal as part of the for all Senators. I therefore ask unani­ termine whether the President and ex­ Women's 3,000 Meter Short Track ecutive branch agencies have complied mous consent, Madam President, that Relay Team. this article be printed in the RECORD at with the law. In addition, I want to pay special As a sitting Senator, Senator SPEC­ the conclusion of my remarks. tribute to a native son of Massachu­ There being no objection, the article TER was not unique in appearing before setts who is currently "on loan" to the Supreme Court to argue a case. was ordered to be printed in the Yale University, the head coach of the RECORD, as follows: Daniel Webster and others did so fre­ USA Hockey Team, Tim Taylor. Tim, a quently in the 1800's, and more re­ former Natick resident, did an out­ PARTNERSHIP FOR PEACE: A CONFUSED POLICY cently Senators Ervin and Saxbe did so standing job in guiding Team USA to (By Ambassador Edward L. Rowny) in 1972 in a case involving senatorial the medal round. My recent conversations with European immunity. Massachusetts is proud of all our ath­ and Russian policymakers reveal they are This is not the first time Senator confused over how to carry out President SPECTER argued before the Supreme letes who competed at Lillehammer. Clinton's Partnership for Peace. In the rush Their ability, their energy, and their Court of the United States. As a Yale to cobble together a road map for the future law school graduate and district attor­ dedication are inspiring examples to us of NATO, it is understandable that the Clin­ ney from Philadelphia, he was last at all. I ask unanimous consent that a list ton Administration was not able to develop a of the members of the U.S. Olympic coherent or sufficiently detailed plan for pol­ the court in 1970. Team from Massachusetts may be icymakers to follow. Once again, Senator SPECTER has Our allies, grateful for President Clinton's proven himself to be a skilled litigator printed at this point in the RECORD. There being no objection, the list of commitment to NATO, and desirous of assur­ as well as a tough fighter for the people ing that NATO has a viable future, adopted of Pennsylvania. members was ordered to be printed in a vague and painless proposal to which all the RECORD, as follows: could quickly agree. Central European lead­ THE MASSACHUSETTS MEMBERS OF THE 1994 ers. unhappy with the proposal, were pres­ IRRESPONSIBLE CONGRESS? HERE U .S. OLYMPIC TEAM sured into adopting it in the hope that they IS TODAY'S BOXSCORE Women's downhill: Krista Schmidinger of could turn it to their advantage. Eastern Eu­ Mr. HELMS. Madam President, any­ Lee. ropean leaders, jubilant that the proposal one even remotely familiar with the Women's giant slalom: Heidi Voelker of does not appear to be a policy of neo-con­ Pittsfield. tainment, likewise hope to turn its imple­ U.S. Constitution knows that no Presi­ Women's slalom: Carrie Sheinberg of Lee. mentation to their advantage. The Clinton dent can spend a dime of Federal tax Freestyle skiing: Nikki Stone of Administration, still reluctant to get deeply money that has not first been author­ Westborough. involved in external affairs, appears content ized and appropriated by Congress­ Figure skating: Nancy Kerrigan of to have checked off this square with a both the House of Representatives and Stoneham and Mahlon Bradley of Marble­ sketchy outline and let nature take its the U.S. Senate. head (Assistant Team Leader). course. As a result, Western European offi- March 3, 1994 CONGRESSIONAL RECORD-SENATE 3779 cials are unclear about the ultimate objec­ We should continue military contacts be­ stability in Central and Eastern Europe and tives of Partnership for Peace. Central Euro­ tween the states of NATO and Eastern Eu­ support reforms in Russia. pean officials, stunned with their shabby rope. But the principal elements of assist­ treatment because the West failed to make a ance should be non-military, such as cultural distinction between them and Eastern Eu­ exchanges and training leaders in skills nec­ MESSAGES FROM THE PRESIDENT rope, are content to pocket what they can in essary for democracy and economic health. the hopes for getting more later. Both When IMF conditions are met, larger doses Messages from the President of the groups naturally want to see the plan carried of financial aid should be offered. We should United States were communicated to o11t to suit themselves. Eastern European also assist Eastern Europe in transforming the Senate by Mr. Thomas, one of his policymakers, calculating that the initial their industries from a military to a civilian secretaries. steps implementing the plan are working to base, to scrap their missiles more rapidly, their advantage, are content with them. To and to place their growing stockpiles of plu­ regain credibility and demonstrate leader­ tonium and weapons grade uranium under EXECUTIVE MESSAGES REFERRED ship, the Clinton Administration should act strict surveillance and control. As in executive session the Presiding quickly to provide a more detailed plan I am not one who shares the notion that which will clear up the confusion and uncer­ promoting democracy and market economics Officer laid before the Senate messages tainty. in Eastern Europe is a hopeless endeavor. It from the President of the United All would agree that the ultimate goal of is true that these states lag behind Central States submitting sundry nominations Partnership for Peace is to provide for secu­ Europe in such efforts and have a long his­ which were referred to the appropriate rity and stability in Central and Eastern Eu­ torical legacy to overcome. But there is committees. rope. But by failing to establish priorities, nothing inherent in the Russian character (The nominations received today are the uncharted course will either allow the which prevents them from moving toward printed at the end of the Senate pro­ proposal to continue to flounder, or worse, Western ideas and standards. The rapid fall cause it to fail completely. Meanwhile, the of the Communist Party and renunciation of ceedings.) Eastern European states will attempt to Marxist economics are cases in point. Fur­ shape events so as to continue to a gain uni­ ther encouragement and investment in has­ lateral advantage. tening reforms in Eastern Europe can pay REPORT ON THE NATIONAL EMER­ I believe that the Clinton Administration large dividends. We should not repeat the GENCY WITH IRAQ-MESSAGE should act now and promise the Central Eu­ mistake we made in the early 1930s in failing FROM THE PRESIDENT-PM 93 ropean states of Poland, Hungary, and the to support the Weimar Republic. If we were The PRESIDING OFFICER laid be- Czech and Slovak Republics early member­ to consider Russia- as we then considered fore the Senate the following message ship into NATO. These states share Western Germany-a pariah state, we could well cre­ cultural values and yearn to be fully re­ ate a climate for the emergence of a totali­ from the President of the United united with Europe from which they were tarian regime. States, together with an accompanying snatched by the Soviets. They have dem­ There is another reason why membership report; which was referred to the Com­ onstrated courage in breaking away from to­ of the Central European states in NATO mittee on Banking, Housing, and talitarian communist regimes and have makes sense and membership for Eastern Eu­ Urban Affairs: shown a willingness to undergo hardships in rope does not. Central European states are transforming their Marxist economies. They largely homogeneous ethic entities. Western To the Congress of the United States: have moved a long way in the last three NATO allies need not worry about preserving I hereby report to the Congress on years along the road to democratic capital­ internal stability in Central Europe. On the the developments since my last report ism. As soon as they demonstrate that they other hand, there are reasons to worry about of August 2, 1993, concerning the na­ will be able to shoulder the burdens of mem­ the stability of Eastern Europe. A quarter of bership, they should join NATO as full part­ the Russian population lives beyond its cur­ tional emergency with respect to Iraq ners. rent borders. Today there are armed con­ that was declared in Executive Order At the same time, Eastern European na­ flicts in Georgia, Armenia, Moldova, and No. 12722 of August 2, 1990. This report tion&-Russia, Ukraine, Belarus, and the Bal­ other former republics of the Soviet Union. is submitted pursuant to section 401(c) tic&-should be given more support and en­ Ukraine, despite recent security guarantees, of the National Emergencies Act, 50 couragement to adopt democratic and eco­ remains suspicious of Russia in view of the U.S.C. 1641(c), and section 204(c) of the nomic reforms. There should be no promise boasts by Russian hardliners that Ukraine International Emergency Economic of early, or even eventual, membership in will be annexed. We can therefore expect Powers Act, 50 U.S.C. 1703(c). NATO. Rather, they should be led to under­ considerable unrest, resulting in conflict and stand that it is in their own interests to em­ bloodshed, in Russia and its eastern and Executive Order No. 12722 ordered the brace democracy and market economics as southern neighbors. These conflicts are not immediate blocking of all property and ways of promoting their own security and matters in which an expanded NATO should interests in property of the Govern­ prosperity. become involved. In fact, when the Eastern ment of Iraq (including the Central In talking to Russian and Ukrainian lead­ European states no longer have ethnic con­ Bank of Iraq), then or thereafter lo­ ers, I am convinced that drawing Central Eu­ flicts, and when they become democracies cated in the United States or within rope into the NATO sphere will not under­ with operating market economies, they will the possession or control of a U.S. per­ mine Yeltsin's efforts to seek reforms. no longer pose a potential threat to others. son. That order also prohibited the im­ Thoughtful leaders realize that NATO wa&­ NATO can then be declared a full success, and will continue to be-a purely defensive and like an old soldier, quietly fade away. portation into the United States of alliance which threatens no one. Western As for providing security guarantees to goods and services of Iraqi origin, as leaders need to reiterate this point and drive Eastern Europe, the United States can enter well as the exportation of goods, serv­ it home so that Yeltsin's opposition, such as into agreements with Russia and Belarus ices, and technology from the United Zhironovsky, the military, and the succes­ similar to those reportedly offered recently States to Iraq. The order prohibited sors to the KGB, are exposed as being para­ to Ukraine. As part of the deal to get travel-related transactions to or from noid. They can then be prevented from cap­ Ukraine to give up its nuclear weapons to Iraq and the performance of any con­ italizing on the instabilities resulting from Russia, the United States and Russia recog­ tract in support of any industrial, com­ Russia's experiments with democracy. nized the current Russian-Ukrainian bound­ Yeltsin can then show Russian citizens and aries. The United States also promised to mercial, or governmental project in the world that these anti-reformers under­ support any actions that the United Nations Iraq. U.S. persons were also prohibited mine Russian stability and prevent economic decides are necessary to assure Ukraine's from granting or extending credit or growth. sovereignty and terri to rial integrity. loans to the Government of Iraq. The United States and its Western Euro­ In sum, the Clinton Administration should The foregoing prohibitions (as well as pean allies, whose resources are already quickly announce its specific plans to imple­ the blocking of Government of Iraq stretched thin, should concentrate on assist­ ment Partnership for Peace. Inaction and property) were continued and aug­ ing Central Europe to become full members drift will only encourage further confusion mented on August 9, 1990, by Executive of NATO. This will provide the West with a and invite chaos. The key to success is the hedge against a resurgence of a militant leadership of the United States. It should Order No. 12724, which was issued in Russia. It will also promote stability in Eu­ press for membership of the Central Euro­ order to align the sanctions imposed by rope. pean states into NATO. The Clinton Admin­ the United States with United Nations At the same time, the West should redou­ istration's failure to take timely action will Security Council Resolution No. 661 of ble its efforts to help Eastern Europe reform. result in a missed opportunity to enhance August 6, 1990. 3780 CONGRESSIONAL RECORD-SENATE March 3, 1994 Executive Order No. 12817 was issued curity Council Resolution No. 778, on were issued for transactions such as on October 21, 1992, to implement in October 26, 1992, the Office of Foreign the filing of legal actions against Iraqi the United States measures adopted in Assets Control directed the Federal Re­ governmental entities, for legal rep­ United Nations Security Resolution serve Bank of New York to establish a resentation of Iraq, and the expor­ No. 778 of October 2, 1992. Resolution blocked account for receipt of certain tation to Iraq of donated medicine, 778 requires U.N. member states tempo­ post-August 6, 1990, Iraqi oil sales pro­ medical supplies, and food in tended for rarily to transfer to a U.N. escrow ac­ ceeds, and to hold, invest, and transfer humanitarian relief purposes, the exe­ count $200 million apiece in Iraqi oil these funds as required by the order. cution of powers of attorney relating sale proceeds paid by purchasers after On July 20, 1993, following payments by to the administration of personal as­ the imposition of U.N. sanctions on the Governments of Saudi Arabia and sets and decedents' estates in Iraq, and Iraq. These funds finance Iraq's obliga­ Denmark of, respectively $40,589,419.00 · the protection of pre-existent intellec­ tions for U.N. activities with respect to and $674,360.00, to the special United tual property rights in Iraq. Iraq, such as expenses to verify Iraqi Nations-controlled account, entitled 7. The expenses incurred by the Fed­ weapons destruction and to provide hu­ United Nations Security Council Reso­ eral Government in the 6 month period manitarian assistance in Iraq on a non­ lution No. 778 Escrow Account, the from August 2, 1993, through February partisan basis. A portion of the Federal Reserve Bank of New York was 1, 1994, that are directly attributable to escrowed funds will also fund the ac­ directed to transfer a corresponding the exercise of powers and authorities tivities of the U.N. Compensation Com­ amount of $41,263,779.00 from the conferred by the declaration of a na­ mission in Geneva, which will handle blocked account it holds to the United tional emergency with respect to Iraq claims from victims of the Iraqi inva­ Nations-controlled account. Similarly, are reported at about $3.1 million, most sion of Kuwait. The funds placed in the on August 2, 1993, following the pay­ of which represents wage and salary escrow account are to be returned, ment of $1,765,138.33 by the Government costs for Federal personnel. Personnel with interest, to the member states of the United Kingdom, the Federal Re­ costs were largely centered in the De­ that transferred them to the United serve Bank of New York was directed partment of the Treasury (particularly Nations, as funds are received from fu­ to transfer a corresponding amount of in the Office of Foreign Assets Control, ture sales of Iraqi oil authorized by the $1,765,138.33 to the United Nations-con­ the U.S. Customs Service, the Office of U.N. Security Council. No member trolled account; on September 11, 1993, the Assistant Secretary for Enforce­ state is required to fund more than half following payments of $1,547,054.35 by ment, and the Office of the General of the total contributions to the escrow the Government of Canada, $276,000.00 Counsel), the Department of State account. by the Government of Greece, (particularly the Bureau of Economic This report discusses only rna tters $3,196,897.72 from the Commission of and Business Affairs, the Bureau of concerning the national emergency the European Community, and Near East and South Asian Affairs, the with respect to Iraq that was declared $1,006,614.89 from the Government of Bureau of International Organizations, in Executive Order No. 12722 and mat­ Denmark, the Federal Reserve Bank of and the Office of the Legal Adviser), ters relating to Executive Orders Nos. New York was directed to transfer a and the Department of Transportation 12724 and 12817. The report covers corresponding amount of $6,026,566.96 to (particularly the U.S. Coast Guard). events from August 2, 1993, through the United Nations-controlled account; 8. The United States imposed eco­ February 1, 1994. and on December 15, 1993, following nomic sanctions on Iraq in response to 1. During the reporting period, there payments of $5,223,880.60 by the Govern­ Iraq's invasion and illegal occupation were technical amendments to the ment of the United Kingdom, $621,426.80 of Kuwait, a clear act of brutal aggres­ Iraqi Sanctions Regulations relating to by the Government of Germany, and sion. The United States, together with notification of transfers into blocked $1,219,941.98 from the Government of the international community, is main­ accounts and registration of persons the Netherlands, the Federal Reserve taining economic sanctions against holding blocked property, 58 Fed. Reg. Bank of New York was directed to Iraq because the Iraqi regime, despite 47643 (September 10, 1993). A copy of the transfer a corresponding amount of international will, has failed to comply amendments is attached for reference. $7,065,249.38 to the United Nations-con­ fully with United Nations Security 2. Investigations of possible viola­ trolled account. Total transfers from Council resolutions. Security Council tions of the Iraqi sanctions continue to the blocked Federal Reserve Bank of resolutions on Iraq call for the elimi­ be pursued and appropriate enforce­ New York account since issuance of nation of Iraqi weapons of mass de­ ment actions taken. These are intended Executive Order No. 12817 have struction, the inviolability of the Iraq­ to deter future activities in violation amounted to $107,613,270.99 of the $200 Kuwait boundary, the release of Ku­ of the sanctions. Additional civil pen­ million for which the United States is waiti and other third-country nation­ alty notices were prepared during the potentially obligated, on a matching als, compensation for victims of Iraqi reporting period for violations of the basis, pursuant to United Nations Se­ aggression, long-term monitoring of International Emergency Economic curity Council Resolution No. 778. weapons of mass destruction capabili­ Powers Act and Iraqi Sanctions Regu­ 5. Since the last report, there have ties, the return of Kuwaiti assets sto­ lations with respect to transactions in­ been developments in one case. In len during Iraq's illegal occupation of volving Iraq. Three penalties totaling Campia et al. v. Newcomb et al., a settle­ Kuwait, renunciation of terrorism, an nearly $54,000 were collected from three ment was entered into by the parties end to internal Iraqi repression of its banks for violation of the prohibitions addressing payment of back rent to the own civilian population, and the facili­ against funds transfers to Iraq, and landlord and return to the landlord of tation of access of international relief noncompliance with reporting require­ premises leased by the Matrix Church­ organizations to all those in need in all ments and an Office of Foreign Assets ill Corporation. To implement the set­ parts of Iraq. Nonetheless, we see a Control directive license. tlement, certain blocked property pattern of defiance: repeated public 3. Investigation also continues into owned by Matrix Churchill was sold, claims to Kuwait, sponsorship of ter­ the roles played by various individuals with the proceeds placed in a blocked rorism, incomplete declarations to and firms outside Iraq in the Iraqi gov­ account. Matrix Churchill's remaining weapons inspectors, and ongoing wide­ ernment procurement network. These property and records were placed in se­ spread human rights violations, among investigations may lead to additions to cure storage. other things. The U.N. sanctions re­ the Office of Foreign Assets Control's 6. The Office of Foreign Assets Con­ main in place; the United States will listing of individuals and organizations trol has issued a total of 444 specific li­ continue to enforce those sanctions determined to be Specially Designated censes regarding transactions pertain­ under domestic authority. Nationals of the Government of Iraq. ing to Iraq or Iraqi assets since August The Baghdad government continued 4. Pursuant to Executive Order No. 1990. Since my last report, 53 specific to violate basic human rights by re­ 12817 implementing United Nations Se- licenses have been issued. Licenses pressing the Iraqi civilian population March 3, 1994 CONGRESSIONAL RECORD-SENATE 3781 and depriving it of humanitarian as­ kinds, to issue medals commemorating the U.S. Air Force's Arnold Engineering De­ sistance. For more than 2 years, Bagh­ events or faithful service. Presently the velopment Center (AEDC), located in south­ dad has maintained a complete block­ United States issues a multitude of medals ern Coffee County and neighboring Franklin and ribbons for a broad scope of services and County in Middle Tennessee; and ade of food, fuel, and medicine on actions, both to individuals and to all mem­ " Whereas, AEDC houses testing grounds northern Iraq. The Iraqi military rou­ bers of a command; and for jet engines and space systems, including tinely harasses residents of the north, "Whereas, Members of the armed forces are wind tunnels used to gauge equipment and has attempted to "Arabize" Kurd­ issued campaign medals and ribbons indicat­ strength and durability on 40,000 acres man­ ish, Turcoman, and Assyrian areas in ing participation in certain actions, bravery, aged by the U.S. Air Force and operated by the north. Iraq continues to launch ar­ or honorable service. These are to denote a private contractors; and tillery attacks against civilian popu­ person's accomplishments. Now, the question " Whereas, AEDC has a total work force of lation centers in the south, and its ef­ of a medal that will also identify heritage nearly 4,000, including roughly 500 Air Force has been raised. The establishment of a Na­ and Defense Department civilian employees; forts to drain the southern marshes tional Armed Forces Medal for United States and have forced thousands to flee to neigh­ military veterans would continue a proud "Whereas, the existing support infrastruc­ boring States. tradition from one generation to the next; ture and experienced development testers at In 1991, the United Nations Security and AEDC would reduce the initial cost and oper­ Council adopted Resolutions 706 and 712 "Whereas, It has been suggested that a sep­ ational risk of the NWTC, and there are op­ that permit Iraq to sell up to $1.6 bil­ arate ribbon for each American effort of portunities for commercial-military partner­ lion of oil under U.N. auspices to fund one's blood lineage be worn with one univer­ ships in dual-use t echnologies which are sal medal. Thus, on quick observation, it made possible only by the co-location and the provision of food, medicine, and would be apparent by the line of ribbons other humanitarian supplies to the joint use of civilian and military facilities; whether the wearer had forebears in service and people of Iraq. Under the U.N. resolu­ during the American Revolution, the War of " Whereas, U.S. Senator Jim Sasser, U.S. tions, the equitable distribution within 1812, the American Indian Wars, the Civil Senator Harlan Mathews and U.S. Congress­ Iraq of this assistance would be super­ War, or other events in a certain 100-year man Jim Cooper have so astutely stated: vised and monitored by the United Na­ time frame; and 'This potential investment is far too critical tions. The Iraqi regime so far has re­ "Whereas, Other periods of war service to our nation's economic and defense future fused to accept these resolutions and would also be included after the 100-year pe­ not to be placed in a location in which low riod. The Spanish-American War, 1898 to life-cycle cost, high operating efficiencies, has thereby chosen to perpetuate the 1902, would be included in 1998, and World In ideal environment conditions and an abun­ suffering of its civilian population. War I, World War II, and succeeding con­ dance of space for future expansion can October 1993, the Iraqi government in­ flicts, after each had passed the century maximize its effectiveness'; and formed the United Nations that it mark; now, therefore, be it "Whereas, the AEDC site provides an ideal would not implement Resolutions 706 "Resolved by the Senate, That this legisla­ location for the NWTC because of the abun­ and 712. tive body memorialize the Congress of the dance of land, water for cooling the vast ma­ The policies and actions of the Sad­ United States to establish a National Armed chinery used to operate the test facilities, dam Hussein regime continue to pose Forces Medal for United States military vet­ low-cost electricity, and its relative isola­ an unusual and extraordinary threat to erans; and be it further tion from other development; and "Resolved, That a copy of this resolution be " Whereas, the AEDC installation is the national security and foreign pol­ transmitted to tl;le President of the United buffered from surrounding communities by icy of the United States, as well as to States Senate, the Speaker of the United thousands of forested acres, and would re­ regional peace and security. Because of States House of Representatives, and the main so even with further expansion in the Iraq's failure to comply fully with members of the Michigan congressional dele­ future; and United Nations Security Council reso­ gation." "Whereas, the Tennessee Valley Authority lutions, the United States will con­ has the current generating capacity to meet tinue to apply economic sanctions to POM-380. A joint resolution adopted by the the electrical needs of the NWTC with no im­ General Assembly of the State of Tennessee pact on current customers or restrictions on deter Iraq from threatening peace and to the Committee on Commerce, Science and stability in the region, and I will con­ testing operations; a 4,000-acre cooling-water Transportation. reservoir is already in place; and tinue to report periodically to the Con­ " HOUSE JOINT RESOLUTION NO. 407 "Whereas, finally, the entire southern Mid­ gress on significant developments, pur­ "Whereas, a joint National Aeronautics dle Tennessee area benefits from relatively suant to 50 U.S.C. 1703(c). and Space Administration (NASA) and U.S. low construction costs, a workforce already WILLIAM J. CLINTON. Department of Defense study has proposed experienced in production development test­ THE WHITE HOUSE, March 3, 1994. the construction of a $3.2 billion state-of-the­ ing, and the synergism that would be created art subsonic and transonic wind tunnel com­ by co-locating this facility with those test­ plex with all necessary operational support ing and research facilities already in the MESSAGES FROM THE HOUSE facilities, such project to be know as the Na­ area; and At 11:14 a.m., a message from the tional Wind Tunnel Complex (NWTC); and "Whereas, the NWTC will provide our na­ "Whereas, although such worthy project tion with a world-class developmental test House of Representatives, delivered by has yet to be funded, technical and cost cri­ capability which will support military and Ms. Goetz, one of its reading clerks, an­ teria for the project have been established commercial aeronautical requirements well nounced that the House has passed the and a process begun to select a site for the into the next century; and following bill, without amendment: proposed NWTC; and "Whereas, the siting of NWTC at AEDC S. 1789. An act to amend title 23, United " Whereas, if approved, the NWTC would es­ would ensure AEDC's long-term viability as States Code, to permit the use of funds under tablish a capability for advanced aeronauti­ a national testing and research center; and the highway bridge replacement and reha­ cal development that will strengthen the na­ "Whereas, the members of this General As­ bilitation program for seismic retrofit of tional security of the United States in two sembly are confident that the site selection bridges, and for other purposes. important ways; and process for NWTC will clearly demonstrate " Whereas, the NWTC would provide a de­ that AEDC is by far the best site in the na­ velopment capability second to none in the tion for the complex; Now, therefore, be it PETITIONS AND MEMORIALS world for advanced military aircraft, and "Resolved by the House of Representatives of more importantly, it would enable our com­ the Ninety-eighth General Assembly of the State The following petitions and memori­ mercial aircraft developers to compete more of Tennessee , the Senate concurring, That this als were laid before the Senate and effectively in the world market, thereby General Assembly hereby memorializes the were referred or ordered to lie on the strengthening our economic national secu- President of the United States and the U.S. table as indicated: ri~;~d . Congress to locate the proposed National POM-379. A resolution adopted by the Sen­ "Whereas, the NWTC would require some Wind Tunnel Complex (NWTC) at the Arnold ate of the Legislature of the State of Michi­ 1,200 experienced construction workers to Engineering Development Center (AEDC) in gan; to the Committee on Armed Services. build the facility and at least 200 skilled Middle Tennessee, because the AEDC instal­ management and engineering personnel to lation best serves the aeronautical develop­ "SENATE RESOLUTION NO. 313 operate the facility; and ment needs of this nation, and be it further "Whereas, It has long been customary for "Whereas, the premier site in this nation "Resolved, That the Chief Clerk of the kings and republics, governments of all for the new development of wind tunnels is House is hereby directed to transmit en- 3782 CONGRESSIONAL RECORD-SENATE March 3, 1994 rolled copies of this resolution to the Presi­ " Whereas, Veterans' groups, expressing the By Mr. KENNEDY, from the Committee on dent and Vice President of the United sentiment of our people, have called for ac­ Labor and Human Resources, with an amend­ States; the U.S. Secretary of Defense; the tion to ban the desecration of the American ment in the nature of a substitute: Administrator for NASA, the Speaker and flag. Indeed, to ignore the effect of this deci­ S. 1224. A bill to prohibit an agency, or en­ the Clerk of the U.S House of Representa­ sion would be an affront to everyone who has tity, that receives Federal assistance and is tives; the President and Secretary of the been committed to the ideals of our nation involved in adoption or foster care programs U.S. Senate; and to each member of the Ten­ in times of war and in times of peace; now, from delaying or denying the placement of a nessee delegation to the U.S. Congress." therefore, be it child based on the race, color, or national or­ " Resolved by the House of Representatives igin of the child or adoptive or foster parent POM- 381. A resolution adopted by the Leg­ (the Senate concurring), That the members of or parents involved, and for other purposes. islature of Rockland County, New York rel­ the Michigan Legislature hereby memorial­ ative to Northern Ireland; to the Committee ize the United States Congress to pass an on Foreign Relations. amendment to the United States Constitu­ INTRODUCTION OF BILLS AND POM- 382. A resolution adopted by the Sen­ tion to prohibit the desecration of the Amer­ JOINT RESOLUTIONS ate of the Legislature of the State of Michi­ ican flag; and be it further gan; to the Committee on Foreign Relations. "Resovled, That a copy of this resolution be The following bills and joint resolu­ " SENATE RESOLUTION No. 369 transmitted to the Speaker of the United tions were introduced, read the first " Whereas, The President of the United States House of Representatives, the Presi­ and second time by unanimous con­ States has lifted the trade embargo with dent of the United States Senate, and the sent, and referred as indicated: Vietnam by Executive Order. This embargo members of the Michigan congressional dele­ By Mr. BAUGUS (for himself, Mr. MOY­ was imposed on North Vietnam in 1964 and gation." NIHAN, Mr. REID, Mr. WOFFORD, Mr. on the entire country in 1975 after the com­ WARNER, Mr. DURENBERGER, Mr. GRA­ munist forces succeeded in capturing South POM- 386. A resolution adopted by the HAM, Mr. LAUTENBERG): Vietnam. The embargo was enforced not only House of the Legislature of the State of West S. 1887. A bill to amend title 23, United because this communist government had Virginia; to the Committee on the Judiciary. States Code, to provide for the designation of waged a bitter and painful war against the " HOUSE RESOLUTION No. 8 the National Highway System, and for other United States, but also because some of our " Whereas, Legal injustice and discrimina­ purposes; to the Committee on Environment citizens may still be missing in that country; tion on the basis of gender have long existed; and Public Works. and and By Mr. SARBANES: "Whereas, The MIA issue is a painful con­ "Whereas, The citizens of West Virginia S. 1888. A bill for the relief of Maria troversy in this nation, one that will not be clearly support an end to discrimination on Manzano; to the Committee on the Judici­ resolved until we have the fullest possible the basis of gender through an amendment ary. accounting of the nearly 2,300 Americans to the Constitution of this nation, as the who remain missing and unaccounted for in United States has previously renounced slav­ Southeast Asia. Seventy-two of these people ery, racial discrimination, and denial of the STATEMENTS ON INTRODUCED are from Michigan, brave and patriotic citi­ right to vote on the basis of race and gender; BILLS AND JOINT RESOLUTIONS zens who cannot be forgotten ; and and By Mr. BAUCUS (for himself, Mr. " Whereas, Restoring this embargo will " Whereas, Congress in 1972 proposed a fed­ maintain pressure on the government of eral Equal Rights Amendment to the United MOYNIHAN, Mr. REID, Mr. Vietnam to do everything possible to find States Constitution to provide for equality WOFFORD, Mr. WARNER, Mr. the missing Americans. On behalf of the of the law regardless of gender, which was DURENBERGER, Mr. GRAHAM, MIAs, their loved ones, and all veterans, we narrowly defeated in 1982; and and Mr. LAUTENBERG): request the President to restore the trade " Whereas, The West Virginia House of Del­ S. 1887. A bill to amend title 23, Unit­ embargo on Vietnam; Now, therefore, be it egates prefers that each state ratify the fed­ ed States Code, to provide for the des­ " Resolved by the Senate, That we memorial­ eral Equal Rights Amendment to achieve a ignation of the National Highway Sys­ ize the President of the United States to re­ uniform national policy; and consider lifting the trade embargo with Viet­ "Whereas, The Equal Rights Amendment tem, and for other purposes; to the nam ; and be it further provides that gender should not be a factor Committee on Environment and Public " Res olved, That a copy of this resolution be in determining the legal rights of men and Works. transmit ted to the President of the United women and thereby recognizes the fun­ NATIONAL HIGHWAY SYSTEM DESIGNATION ACT States, the President of the United States damental dignity, individuality, and worth OF 1994 Senate, the Speaker of the United States of each human being; and Mr. BAUCUS. Madam President, I am " Whereas, The West Virginia House of Del­ House of Representatives, and the members pleased today to introduce the Na­ of the Michigan congressional delegation." egates again stands ready to ratify a federal Equal Rights Amendment when approved by tional Highway System Designation POM- 383. A concurrent resolution from the Congress for state ratification; therefore, be Act of 1994. I am joined by Senators Legislature of the State of Texas relative to it MOYNIHAN, WARNER, DURENBERGER, State Tidelands Rights; to the Committee on " Resolved by the House of Delegates: That LAUTENBERG, WOFFORD, and REID. the Judiciary. the House of Delegates of the State of West Madam President, I first want to con­ POM- 384. A concurrent resolution from the Virginia respectfully memorializes the Presi­ gratulate Department of Transpor­ Legislature of the State of Texas relative to dent and the Congress of the United States polygamy and polygamous cohabitation; to to propose to the several states an amend­ tation Secretary Federico Peiia and the Committee on the Judiciary. ment to the Constitution ot the United Federal Highway Administrator Rod­ POM- 385. A concurrent resolution adopted States stating that all men and women are ney Slater for all of their hard work in by the Legislature of the State of Michigan; equal under the law; and, be it further developing the National Highway Sys­ to the Committee on the Judiciary. "Resolved, That the Clerk of the House of tem or NHS. This map is the culmina­ " HOUSE CONCURRENT RESOLUTION No. 122 Delegates is hereby directed to forward a tion of many months of consultation "Whereas, The United States Supreme copy of this resolution to the President and and discussion with Federal, State and Court has ruled in a 5-4 decision that popular Vice President of the United States, to the local officials. Speaker of the House of Representatives. and legislative assemblies' attempts to curtail The Intermodal Surface Transpor­ those acts that are an affront to the Amer­ to each Senator and Representative from West Virginia in the Congress of the United tation Efficiency Act of 1991 requires ican people by protecting national symbols congressional approval of the National through local legislation may be unconstitu­ States." tional if they go beyond the fine-line of the Highway System by September 30, 1995. First Amendment; and POM- 387. A resolution adopted by the I am happy to tell my colleagues that " Whereas, The desecration of national Council of the City of New York, New York as chairman of the Environment and symbols through acts which are beyond the relative to AIDS education and prevention; Public Works Committee, I am com­ free speech essentials of our laws that allow to the Committee on Labor and Human Re­ sources. mitted to begin work on this bill this the expression of diverse ideas or opposition year. to national policy that is political in nature, INTERSTATE SYSTEM should be defined in law in order to protect REPORTS OF COMMITTEES against offensive acts which may incite or In 1956, President Dwight D. Eisen­ encourage violence or counterproductive ac­ The following reports of committees hower initiated the construction of one tivity of other citizens; and were submitted: of this Nation's largest public works March 3, 1994 CONGRESSIONAL RECORD-SENATE 3783 projects-the Interstate System. As vast improvement over a plan that was to have an intermodal emphasis to fu­ when Jefferson made the Louisiana put forward by the Bush administra­ ture transportation policies. This Na­ Purchase or when Seward and Lincoln tion. That proposal would have made it tion cannot afford to view its transpor­ bought Alaska, this turned out to be virtually impossible for large and tation system as a collection of indi­ one of the wisest investments in Amer­ sparsely populated States to maintain vidual modes. An integrated approach ican history. The Interstate System their existing road networks. And it to planning and investments is in our has served to unite and connect every would have amounted to an economic national interest. region of this country. death sentence to many rural commu­ CONCLUSION The Interstate System has been the nities in my State and other sparsely Madam President, I have outlined the catalyst behind the growth and expan­ populated areas. purposes and goals of the NHS. Let me sion of the U.S. economy. While the But the Clinton administration now alert my colleagues to my inten­ Interstate is finally nearing comple­ plan- and the bill I am introducing tions in moving this bill. The Environ­ tion- 40 years and $130 billion later­ today-would treat States like Mon­ ment and Public Works Committee will the economic importance of a well­ tana fairly. This new map is good news hold hearings this spring on the NHS maintained, interconnected system of for a number of Montana commu­ and transportation policies in general. highways continues. nities-places like Lewistown, Thomp­ As I mentioned earlier, the deadline In 1991, Congress recognized this by son Falls, Circle, Sidney, Jordan, passing the Intermodal Surface Trans­ for congressional action on the NHS is Broadus, Miles City, Roundup, and September 30, 1995. While I intend to portation Efficiency Act; a law later Malta-that would have been left in known as ISTEA. ISTEA marked a sig­ take action on this bill this year-and virtual isolation under the previous I underline this year-! must warn nificant change in transportation pol­ proposal. icy by emphasizing flexibility, plan­ Members that this is not an oppor­ RELATION TO NAFTA tunity to reopen ISTEA. ning, and strategic investing. ISTEA The NHS also has broad and impor­ has also shifted this country out of the I know that Members have special tant implications for American trade highway demonstration projects that Interstate era and into the National policy. The passage of the North Amer­ Highway System era. are important to them. Let me be firm ican Free-Trade Agreement will spur in saying that Senate consideration of NATIONAL HIGHWAY SYSTEM future growth in trade between the the NHS bill will not be an avenue to The NHS is a network of over 159,000 United States, Canada, and Mexico. miles-only 4 percent of the nearly 4 add new demonstration projects. I en­ The NHS not only helps to link all courage Members to restrain them­ million miles of our public roads. The three countries, it enables States to de­ NHS will carry over 40 percent of the selves from requesting demonstration velop transportation corridors for an projects. highway traffic and carry over 70 per­ integrated system of roads to meet in­ cent of commercial truck traffic. By With the difficulty Congress contin­ creases in commercial vehicle use. ues to face with fully funding ISTEA, I identifying the NHS routes, States will Almost 80 percent of the freight mov­ be able to better target their future in­ believe the Senate should continue its ing between the United States and tradition of passing highway bills that vestments to address the safety and ef­ Mexico moves by truck. Almost 60 per­ ficiency of our highways. are free of demonstration projects. cent of the freight between the United In order for the NHS to be approved These are the arteries of American States and Canada moves by truck. Im­ commerce; they connect major popu­ this year, it must remain a clean bill­ proving and maintaining the NHS that is, free from extraneous and con­ lation centers, border crossings, ports, within these trade corridors will fur­ and airports. troversial items. I look forward to In the spirit of ISTEA, the National ther facilitate this trade. working with Members of the Senate Highway System reflects an emphasis ALLEVIATE CONGESTION and with Chairman NORM MINET A in on intermodal connectivity. Making Making the necessary improvements the House to pass an NHS bill that will sure all our various transportation to existing roadways will alleviate help lead American transportation pol­ components are connected. A seamless much of the traffic congestion in this icy and American competitiveness into transportation network that encom­ country. We see this in the Washington the next century. passes all modes of transportation that area today-the large number of pot­ Madam President, I ask unanimous will enhance our economic competi­ holes in the roads has slowed and consent that the text of the bill be tiveness in an increasingly global econ­ snarled traffic, thereby increasing not printed in the RECORD. omy. only the time spent on the road, but There being no objection, the bill was For western States, such as my home also increasing vehicle emissions. Fo­ ordered to be printed in the Record, as State of Montana, the National High­ cusing future investments on the NHS follows: way System is vital. Highways are crit­ routes can help alleviate the increasing s. 1887 ical to the economy and way of life in congestion problems in urban areas. Be it enacted by the Senate and House of Rep­ the West. Highways are virtually the NATIONAL TRANSPORTATION SYSTEM resentatives of the United States of America in only significant source of transpor­ The declaration of policy in ISTEA Congress assembled, tation, sometimes a few buses, some states "It is the policy of the United SECTION 1. SHORT TITLE. air service, but the main transpor­ States to develop a National Inter­ This Act may be cited as the " National tation system is highways. Highways modal Transportation System that is Highway System Designation Act of 1994". are also a key to travel and tourism. economically efficient and environ­ SEC. 2. NATIONAL IDGHWAY SYSTEM DESIGNA­ Many tourists will use some portion of mentally sound, provides the founda­ TION. tion for the Nation to compete in the Section 103 of title 23, United States Code, the NHS in the future. By linking pop­ is amended by inserting after subsection (b) ulation centers with national parks global economy, and will move people the following new subsection: and other tourist attractions, the NHS and goods in an energy efficient man­ "(c) NATIONAL HIGHWAY SYSTEM DESIGNA­ can contribute to the development of ner." TION.- areas not currently served by the The National Highway System will " (1) DESIGNATION.- The most recent Na­ Interstate. serve as the backbone for such a sys­ tional Highway System as submitted by the In particular, I commend Secretary tem. The Department of Transpor­ Secretary of Transportation pursuant to this Pe:iia and Federal Highway Adminis­ tation is in the process of formulating section is hereby designated to be the Na­ trator Slater for recognizing the im­ the National Transportation System tional Highway System. "(2) MODIFICATIONS.- portance of considering the legitimate with the cooperation of State and local "(A) IN GENERAL.-At the request of a transportation needs of every region of officials. I applaud the Department's State, the Secretary may- this country-both urban and rural. efforts. "(i) add a new route segment to the Na­ For my home State of Montana, for While I reserve judgment on the final tional Highway System, including a new instance, this proposal represents a NTS product, I do feel it is important intermodal connection; or .3784 CONGRESSIONAL RECORD-SENATE March 3, 1994

"(ii) delete a then existing route segment Throughout my service on the Envi­ s. 1359 and any connection to the route segment, ronment and Public Works Committee, At the request of Mr. LEAHY, the if the total mileage of the National Highway I have been concerned about the safety name of the Senator from Oklahoma System (including any route segment or con­ of our surface transportation system [Mr. BOREN] was added as a cosponsor nection proposed to be added under this sub­ paragraph) does not exceed 165,000 miles for the traveling public. of S. 1359, a bill to amend the Food (265,542 kilometers.) While we have experienced a decrease Stamp Act of 1977 to require the do­ " (B) PROCEDURES FOR CHANGES REQUESTED in highway fatalities in recent years mestic production of fo~d stamp cou­ BY STATES.-Each State that makes a re­ because of seatbelt and speed limit pons. quest for a change in the National Highway laws, both of which I have supported, s. 1485 System pursuant to subparagraph (A) shall the number of highway-related casual­ At the request of Mr. DECONCINI, the establish that each change in a route seg­ ties each year is still far too high. ment or connection referred to in such sub­ name of the Senator from Vermont paragraph has been identified by the State, More than 40,000 persons are killed and [Mr. LEAHY] was added as a cosponsor in cooperation with local officials, pursuant another 5 million persons injured each of S. 1485, a bill to extend certain sat­ to applicable transportation planning activi­ year in traffic accidents. ellite carrier compulsory licenses, and ties for metropolitan areas carried out under The allocation of resources to bring for other purposes. section 134 and statewide planning processes IVHS technologies to the National s. 1614 carried out under section 135. Highway System offers a tremendous At the request of Mr. LEAHY, the " (3) APPROVAL BY THE SECRETARY.- The opportunity to improve mobility, en­ Secretary may approve a request made by a names of the Senator from New Mexico State for a change in the National Highway hance safety, and reduce congestion [Mr. BINGAMAN] and the Senator from System pursuant to paragraph (2) if the Sec­ through electronics, communications, Colorado [Mr. CAMPBELL] were added as retary determines that the change- and control technologies. cosponsors of S. 1614, a bill to amend "(A) meets the criteria established for the I believe the Congress must move the Child Nutrition Act of 1966 and the National Highway System under this title; promptly to designate the National National Lunch Act to promote and Highway System so that States can healthy eating habits for children and " (B) enhances the national transportation begin to plan effectively to dedicate characteristics of the National Highway Sys­ to extend certain authorities contained tem.". transportation dollars to these routes. in such acts through fiscal year 1998, I also believe that this legislation and for other purposes. Mr. WARNER. Madam President, I should not become a new reauthoriza­ s. 1690 am pleased to join with Chairman BAU­ tion for our Nation's surface transpor­ cus and other colleagues to introduce tation programs. At the request of Mr. DANFORTH, the legislation to designate the National Madam President, If the Congress names of the Senator from Utah [Mr. Highway System. can keep this legislation focused on its BENNETT] and the Senator from New The National Highway System is the purpose and address limited and valid Hampshire [Mr. SMITH] were added as cornerstone of the 1991 Intermodal Sur­ technical amendments to ISTEA, then cosponsors of S. 1690, a bill to amend face Transportation and Efficiency Act we have a good chance for success this the Internal Revenue Code of 1986 tore­ [ISTEA] to ensure that our rail, air, year. form the rules regarding subchapter S and surface transportation network corporations. perform to maximum efficiency to s. 1858 move goods and people across the coun­ ADDITIONAL COSPONSORS At the request of Mr. BAucus, the try. s. 549 names of the Senator from Rhode Is­ Through the designation of the NHS, At the request of Mr. DOMENICI, the land [Mr. CHAFEE] and the Senator we reaffirm the direct Federal respon­ names of the Senator from Idaho [Mr. from Louisiana [Mr. JOHNSTON] were sibility to maintain essential elements CRAIG] and the Senator from Missouri added as cosponsors of S. 1858, a bill to of a core network of our interstate sys­ [Mr. DANFORTH] were added as cospon­ amend the Trade Act of 1974 to make t em, plus strategic defense highways, Super 301 permanent. and other primary routes. sors of S. 549, a bill to provide for the While the hallmark of ISTEA was its minting and circulation of one-dollar s. 1884 flexibility for States to address their coins. At the request of Mr. SIMPSON, the most pressing priorities, the NHS pro­ S. 1149 names of the Senator from South Da­ vides the assurance that a quality At the request of Mr. DOMENICI, the kota [Mr. Pl{.ESSLER] and the Senator transportation system will be main­ names of the Senator from Utah [Mr. from New Hampshire [Mr. GREGG] were tained to assist the flow of commerce HATCH] and the Senator from Alaska added as cosponsors of S. 1884, a bill to between States and into international [Mr. STEVENS] were added as cospon­ amend the Immigration and National­ markets. sors of S. 1149, a bill to establish in the ity Act to reform asylum procedures, I am also committed to developing Department of the Interior the Office to strengthen criminal penal ties for an efficient, modern, and safe National of Indian Women and Families, and for the smuggling of aliens, and to reform Highway System because I believe it other purposes. other procedures to control illegal im­ should be the first of our systems to s. 1288 migration to the United States. benefit from the application of new and At the request of Mr. AKAKA, the SENATE JOINT RESOLUTION 163 emerging technologies. The Intelligent name of the Senator from Idaho [Mr. At the request of Mr. LEAHY, the Vehicle Highway System or the so­ KEMPTHORNE] was added as a cosponsor names of the Senator from Hawaii [Mr. called smart highways presents a good of S. 1288, a bill to provide for the co­ INOUYE] and the Senator from New example of emerging technologies with ordination and implementation of ana­ York [Mr. MOYNIHAN] were added as co­ great potential for improving highway tional aquaculture policy for the pri­ sponsors of Senate Joint Resolution safety and efficiency. vate sector by the Secretary of Agri­ 163, a joint resolution to proclaim In Virginia, the twin problems of culture, to establish an aquaculture March 20, 1994, as "National Agricul­ congestion and safety in major urban/ commercialization research program, tural Day." suburban areas have been the focus of and for other purposes. SENATE CONCURRENT RESOLUTION 61 our transportation policy for some S. 1329 At the request of Mr. WOFFORD, the time. Interstate highways approach At the request of Mr. D'AMATO, the name of the Senator from Arkansas complete gridlock during peak travel name of the Senator from Indiana [Mr. [Mr. BUMPERS] was added as a cospon­ periods with the result that commuters COATS] was added as a cosponsor of S. sor of Senate Concurrent Resolution 61, cannot get to work and interstate com­ 1329, a bill to provide for an investiga­ a concurrent resolution expressing the merce is delayed. That translates into tion of the whereabouts of the United sense of the Congress in support of the reduced productivity and wasted time States citizens and others who have President's actions to reduce the trade and money. been missing from Cyprus since 1974. imbalance with Japan. ~ • • • 1 • I - ' I • - ' 1 " "" ' I --- • - ' I • -I l

March 3, 1994 CONGRESSIONAL RECORD-SENATE 3785 SENATE RESOLUTION !82 The PRESIDING OFFICER. Without lations, be authorized to meet during At the request of Mr. D'AMATO, the objection, it is so ordered. the session of the Senate on Thursday, names of the Senator from Maryland COMMITTEE ON INDIAN AFFAIRS March 3, 1994, at 2 p.m. to hold a hear­ [Ms. MIKULSKI] and the Senator from Mr. MITCHELL. Mr. President, I ask ing on global economic and environ­ Mississippi [Mr. COCHRAN] were added unanimous consent that the Commit­ men tal policy. as cosponsors of Senate Resolution 182, tee on Indian Affairs be authorized to The PRESIDING OFFICER. Without a resolution entitled "A Call for Hu­ meet on Thursday, March 3, 1994, be­ objection, it is so ordered. manitarian Assistance to the Pontian ginning at 9:30a.m., in 485 Russell Sen­ SUBCOMMITTEE ON PUBLIC LANDS, NATIONAL Greeks." ate Office Building on the President's PARKS AND FORESTS fiscal year 1995 budget for the Indian Mr. MITCHELL. Mr. President, I ask unanimous consent that the Sub­ NOTICES OF HEARINGS Health Service. The PRESIDING OFFICER. Without committee on Public Lands, National COMMITTEE ON SMALL BUSINESS objection, it is so ordered. Parks and Forests of the Committee on Mr. BUMPERS. Mr. President, I COMMITTEE ON THE JUDICIARY Energy and Natural Resources be au­ would like to announce that the Small Mr. MITCHELL. Mr. President, I ask thorized to meet during the session of Business Committee will hold a full unanimous consent that the Commit­ the Senate, 10 a.m., March 3, 1994, to committee hearing to examine the im­ tee on the Judiciary be authorized to receive testimony on the following pact of health care reform on the small meet during the session of the Senate bills: S. 218, to authorize the Secretary business sector. The hearing will be on Thursday, March 3, 1994, to hold a of Agriculture to convey certain lands held on Thursday, March 10, 1994, at hearing on the nominations of Frank­ in the State of Arizona, and for other 9:30 a.m., in room 428A of the Russell lin D. Burgess, to be a U.S. district purposes; S. 859, to reduce the restric­ Senate Office Building. For further in­ judge for the Western District of Wash­ tions on lands conveyed by deed under formation, please call John Ball, staff ington, Ancer Haggerty, to be a U.S. the act of June 8, 1926; S. 1233, to re­ director of the Small Business Com­ district judge for the District of Or­ solve the status of certain lands in Ari­ mittee at 224-5175. egon, Michael J. Davis, to be a U.S. dis­ zona that are subject to a claim as a trict judge for the District of Min­ grant of public lands for railroad pur­ AUTHORITY FOR COMMITTEES TO nesota, Daniel T.K. Hurley, to be a U.S. poses, and for other purposes; S. 1586, MEET district judge for the Southern District to establish the New Orleans Jazz Na­ tional Historical Park in the State of COMMITTEE ON AGRICULTURE, NUTRITION AND of Florida. The PRESIDING OFFICER. Without Louisiana, and for other purposes; and FORESTRY H.R. 1183, to validate conveyances of Mr. MITCHELL. Mr. President, I ask objection, it is so ordered. COMMITTEE ON RULES AND ADMINISTRATION certain lands in the State of California unanimous consent that the Commit­ that form part of the right-of-way tee on Agriculture, Nutrition, and For­ Mr. MITCHELL. Mr. President, I ask unanimous consent that the Commit­ granted by the United States to the estry be authorized to meet during the Central Pacific Railway Co. session of the Senate on Thursday, tee on Rules and Administration be au­ thorized to meet during the session of The PRESIDING OFFICER. Without March 3, 1994, at 11 a.m. to mark up objection, it is so ordered. draft legislation entitled the "Depart­ the Senate on Thursday, March 3, 1994, ment of Agriculture Reorganization at 9:30 a.m., to hold a hearing to re­ Act of 1994." ceive testimony and view demonstra­ ADDITIONAL STATEMENTS The PRESIDING OFFICER. Without tions on current and emerging tech­ objection, it is so ordered. nology which may affect the future op­ COMMITTEE ON ARMED SERVICES erations of the Senate. TRIBUTE TO ADVANCE SEED CO. Mr. MITCHELL. Mr. President, I ask The PRESIDING OFFICER. Without • Mr. McCONNELL. Mr. President, I unanimous consent that the Commit­ objection, it is so ordered. rise today to pay tribute to a compa­ tee on Armed Services be authorized to SELECT COMMITTEE ON INTELLIGENCE ny's countless contributions to the meet on Thursday, March 3, 1994, at Mr. MITCHELL. Mr. President, I ask community of Louisville, KY. The Ad­ 9:30 a .m., in open and closed session, to unanimous consent that the Select vance Seed Co. of Fulton, KY, has receive testimony from the unified Committee on Intelligence be author­ helped make the dreams of a Veterans commanders on their military strategy ized to meet during the session of the Administration medical center in Lou­ and operational requirements, and the Senate on Thursday, March 3, 1994 at isville come true and the dream contin­ Defense authorization request for fiscal 2:30 p.m. to hold an open hearing on in­ ues today. year 1995 and the future years Defense telligence matters. The Louisville-based medical center program. The PRESIDING OFFICER. Without leads other centers in a nationwide The PRESIDING OFFICER. Without objection, it is so ordered. program named Project Blossom, a objection, it is so ordered. SUBCOMMITTEE ON EAST ASIA AND PACIFIC horticultural therapy project for veter­ COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS ans which allows for exposure to the AFFAIRS Mr. MITCHELL. Mr. President, I ask outdoors, mental exercise, relaxation, Mr. MITCHELL. Mr. President, I ask unanimous consent that the Sub­ and a chance to nurture living things. unanimous consent that the Commit­ committee on East Asia and Pacific Af­ With help from Advance Seed Co., the tee on Banking, Housing, and Urban fairs of the Committee on Foreign Re­ national project became a success in Affairs be authorized to meet during lations, be authorized to meet during Louisville. Advance Seed has donated the session of the Senate on Thursday, the session of the Senate on Thursday, more than $3,000 in seeds to the pro­ March 3, beginning at 10 a.m. to con­ March 3, 1994, at 10:30 a.m. to hold a gram. More than 35 centers in 24 states duct a hearing on regulatory consolida­ hearing on U.S. policy toward North now participate in Project Blossom tion. Korea. with 6 million seeds at a retail value The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without over $57,000 donated nationwide. The objection, it is so ordered. objection, it is so ordered. extensive effort will benefit over 1,500 COMMITTEE ON FINANCE SUBCOMMITTEE ON INTERNATIONAL ECONOMIC patients directly and thousands more Mr. MITCHELL. Mr. President, I ask POLICY, TRADE, OCEANS AND ENVIRONMENT indirectly. These numbers continue to unanimous consent that the Commit­ Mr. MITCHELL. Mr. President, I ask grow daily. tee on Finance be permitted to meet unanimous consent that the Sub­ Of course, this would hardly be a re­ today at 10 a.m. to hear testimony on committee on International Economic ality if it were not for the diligent and the subject of designing health care Policy, Trade, Oceans and Environ­ continuous work of Mr. Jack Simpson. benefit packages. ment of the Committee on Foreign Re- A very active member in the commu- 79-059 0-97 Vol. 140 (Pt. 3) 28 3786 CONGRESSIONAL RECORD-SENATE March 3, 1994 nity of Fulton, Mr. Simpson is a mem­ the month" that is grown and distributed on During the upcoming year, Joe hopes ber of the four Rivers Manufacturing the hospital wards, in waiting areas and in to help NFDA establish itself more day rooms. Council, the Fulton County Chamber of Battle Creek patients are taking horti­ fully as a flexible, growing, and dy­ Commerce, and other civic organiza­ culture therapy one step further by using the namic leader in the funeral service in­ tions. Along with these achievements flowers in basic flower arranging classes and dustry. Finally, Joe believes that is his enthusiastic commitment to Ad­ also by creating a " butterfly garden" com­ NFDA's priorities should mirror those vance Seed for the past nineteen years. plete with hibernation boxes. of the truly committed funeral service He is currently chief operating officer Horticulture therapy principles have been professional: The consumer first, the around for centuries, but formal horticulture of the Advance Seed Co., and he cer­ therapy and structured programs are rel­ profession second, and the individual tainly put his best foot forward to atively new. Horticulture therapy uses sim­ third. make sure that the medical center's ple gardening techniques to enhance the .The National Funeral Directors Asso­ wishes were granted. quality of life for individuals with mental, ciation has elected an able and com­ Mr. President, I ask my colleagues to physical, emotional, development, and/or so­ mitted leader as their president for join me in recognizing this outstanding cial problems. 1994. They are fortunate to have such a Kentucky company and all its valuable From a medical perspective, researchers leader, and I commend Mr. Merritt on are just beginning to look for a psycho­ members, especially Mr. Simpson. Mr. logical or even physiological explanation for his great achievement in becoming President, I also ask that an article the benefits of hortivulture therapy. How­ president of the National Funeral Di­ from a Veterans Administration medi­ ever, on a more obvious level, gardening ben­ rectors Association.• cal center newsletter be included in the efits special populations in the same way it RECORD. does for the rest of us: physical exercise, the The article follows: opportunity to be exposed to the outdoors, HONORING DOMINIC DiFRISCP AND STEFANO CACCIAGUERRA [From the VA Connections newsletter] mental challenges, relaxation when we're tense, and the outlet to nurture living RANGHIERI PROJECT BLOSSOM GROWS AND GROWS AND things. GROWS*** A big " thanks" goes to Robert Brown, who • Ms. MOSELEY-BRAUN. Mr. Presi­ [Note.-As the story goes, Johnny initiated Project Blossom. A great Veterans dent, on March 4, 1994, the National Appleseed traveled around the country advocate, Brown is currently the vice-com­ Italian-American Foundation will planting apple seeds wherever he went. The mander of the American Legion-Depart­ honor my friends Dominic DiFrisco and Department of Veterans Affairs Medical Cen­ ment of Kentucky, as well as an active mem­ Consul General Stefano Maria ters have their own " Johnny Appleseed" in ber of the Disabled American Veterans and Cacciaguerra Ranghieri at the first An­ the form of the Advance Seed Company.] the Veterans of Foreign Wars among others.• nunzio award luncheon in Chicago. Through the exceptional generosity of a This recognition is indeed an honor­ seed company in Fulton, Kentucky, the Lou­ isville VAMC has led Medical Centers across CONGRATULATIONS TO JOE MER­ and a well-deserved one. the country in a nationwide horticulture RITT ON THE OCCASION OF HIS The NAIF is honoring Dominic therapy project. ELECTION TO THE PRESIDENCY DiFrisco and Stefano Cacciaguerra Last summer, the Advance Seed Company OF THE NFDA Ranghieri with this award because donated 2,500 packages of vegetable and flow­ they have made a real difference in er seeds (valued at over $3,200) to the Day • Mr. GORTON. Mr. President, I would bringing together the Italian-American Treatment Center's Horticulture Therapy like to take this opportunity to con­ gratulate an outstanding man on the citizens of Illinois. They serve their Program. community with distinction. NAIF is Robert Brown, Sales Administrator for the occasion of his election to the presi­ Advance Seed Company, says his company dency of the National Funeral Direc­ the major advocate in Washington, DC, made the donation to benefit the country's tors Association [NFDA]. Mr. John C. for the Nation's 20 million Italian­ Veterans. " Because they have given so much "Joe" Merritt has been a licensed fu­ Americans. Their mission is to help to us, we felt this would be the least we neral director and embalmer since 1974, Italian-Americans preserve the values could do for them." he said. of their heritage and to ensure that the After their initial donation, the Advance when he received the Mu Sigma Alpha Society award for excellence from the American media and public are aware Seed Company (which is the retail distribu­ of the contributions that Italians and tor of Ferry-Morse Seeds) received such an California College of Mortuary Science. overwhelming positive response from Veter­ Joe was born and raised on an Amer­ their descendants have made to the ans and the general community that they de­ ican Indian reservation. He and his United States throughout its history. cided to take the Project nationwide. wife Kerry are the parents of two Dominic DiFrisco and Stefano With the help and coordination of the Lou­ daughters, Brandi, who was a nursing Cacciaguerra Ranghieri are truly rep­ isville VAMC's Public Affairs Office and the student at the Washington State Inter­ resentative of these goals and ideals. American Legion, every VAMC with horti­ collegiate School of Nursing before her Dominic currently represents the es­ culture therapy programs was contacted and death as a result of a brain tumor on teemed firm of Burson-Marsteller as offered up to 3,000 packages of seeds-at ab­ their senior vice president and director solutely no cost. November 1, 1992, and Bradi, a business The response was tremendous. student at Washington State Univer­ of community and government rela­ Project Blossom distributed more than six sity. tions in Chicago. Prior to that, he was million seeds nationwid~that's 43,475 indi­ Joe and Kerry own and operate Mer­ an administrative aide to Congressman vidual seed packets-with a retail value of ritt Funeral Home, Langevin­ Frank Annunzio following his work as more than $57,000. Thirty-five Medical Cen­ Mussetter Funeral Home, Jones & public relations and sales manager at ters in 24 states received seed packets that Jones Funeral Home, and Waterville Alitalia Airlines in Chicago. He is a will ultimately benefit over 1,500 patients di­ Funeral Home. Joe is a past president man who is proud of his Italian herit­ rectly and thousands more indirectly. age which shows in both his profes­ Each facility receiving seed packets was of the Washington State Funeral Direc­ encouraged to use creativity and ingenuity tors Association as well as a past presi­ sional life and personal endeavors. He in deciding how they could best use the do­ dent of the State Funeral Insurance has led the community in bridging the nation. And, since the massive distribution Agency. Joe has served NFDA as chair­ gap between people of various ethnic early this Spring, several Medical Centers man of the committee for audits of bro­ backgrounds, cultural differences, and have reported back to the Louisville VAMC chures and booklets and as a member social diversity. and the Advance Seed Company regarding of the education affairs steering com­ Dominic has spent many years work­ their success with Project Blossom. mittee. Additionally, Joe has served as ing on behalf of his community and At the Battle Creek. Michigan, V AMC, for NFDA's secretary, treasurer, and presi­ many other ethnic communities in Chi­ example, the seeds are being grown to produce flowers for the flower beds on hos­ dent-elect. Joe's outstanding contribu­ cago. Whether it is as president of the pital grounds and for flower arrangements tions to NFDA have enabled the asso­ Joint Civic Committee of Italian­ used at VA functions (such as dances, volun­ ciation to better serve its members Americans, as a member of the board of teer luncheons, and patriotic celebrations). through improved communications and directors of the Chicago Center for­ Their greenhouse also features a "plant of educational programs. Peace Studies, as chairman of the March 3, 1994 CONGRESSIONAL RECORD-SENATE 3787 United Negro College Fund Telethon in In addition to his involvement in his jamin Lincoln's army. The corps helped 1990-91, or as a member of the board of synagogue and with its young people, regain Charleston, SC, and later that directors of the .Chinese-American he has held many regional executive year fought the siege of Savannah, GA. Service League, Dominic has shown his positions within the Federation of Jew­ alongside the French against the Brit­ dedication and commitment to the var­ ish Men's Clubs [FJMC]. Currently, he ish. It was during this battle where he ious communities which serve the Chi­ serves on the executive committee of was fatally wounded as he led the cago area. Dominic is immersed in the FJMC. The FJMC is the coordinating charge against the enemy. He later fabric of Chicago's multiethnic com­ body which sets the national policy died aboard the American brig Wasp on munity. and service programs for all conserv­ October 11, 1779 at the age of 32. Stefano Cacciaguerra Ranghieri has ative Jewish synagogues in the United Pulaski has been honored in many served in the diplomatic service of States and Canada. ways around the United States. There Italy for over 15 years, and we have Mr. Stern gives so much of his com­ is a monument here in Washington. been lucky enough to have him in Chi­ munity. It is citizens like Mr. Stern Brigadier General Pulaski was one of cago as the consul general for the past who ·make America the great country 600 Polish officers that vitally contrib­ 3 years. The consul general has taken that it is. That is why I stand here uted to our fight for freedom. an active role in promoting the Italian today to honor him.• One of this country's greatest cultural heritage of Italian-Americans, strengths is its ability to draw on the and in forging trade and economic CASIMIR PULASKI DAY talent of all the people that have ar­ links between Italy and Chicago and rived on American shores. Casimir Pu­ the Midwest. He is a cofounder of the • Ms. MOSELEY-BRAUN. Mr. Presi­ laski is a proud example of the con­ Italy-Midwest Exchange whose mission dent, I would like to take a moment to tributions of many to the fight for free­ is to strengthen the economic and cul­ honor Casimir Pulaski, one of the he­ dom and democracy in the United tural ties between Italy and the Mid­ roes of the American Revolution. In States. west, and to promote the image of con­ my great State of Illinois the first Today, I honor Brig. Gen. Casimir temporary Italy. Monday in March is know as Casimir Pulaski as an American patriot.• The consul general was very involved Pulaski Day, in honor of his birthday, in the events in Chicago leading up to March 4, 1747. In 1929, Congress des­ the 500th anniversary of Columbus's ignated October 11 to be observed as ORDERS FOR MONDAY, MARCH 7, Pulaski Day. 1994 voyage to America. As part of the 1992 Born in Warka, Poland, Mr. Pulaski Mr. MITCHELL. Madam President, I Quincentenary Celebration and Be­ began his career as organizer and lead­ ask unanimous consent that when the yond, he assisted in the staging of the er of the Confederacy of Patriots which Senate completes its business today, it Living Chess Game from Marostica, fought against Russian aggression and Italy, in the Daley Center Plaza. And interference. He was exiled from Po­ stand in recess until 12:30 p.m. on Mon­ he brought Frecce Tricolori, the Ital­ land in 1771 after being unjustly ac­ day, March 7; that following the pray­ ian Air Force aerobatic team, to the cused of attempting to kill the King. er, the Journal of the proceedings be 1992 Chicago Air and Water Show. He eventually wound up in Paris where approved to date, and the time for the I am very pleased that the National his military leadership was recognized two leaders reserved for their use later Italian American Foundation has cho­ by the French royal court who rec­ in the day; that there then be a period sen to honor Dominic DiFrisco and ommended him to Benjamin Franklin, for morning business not to extend be­ Stefano Cacciaguerra Ranghieri. Their who was seeking volunteers for the yond 1:30 p.m., with Senators per­ past national honorees include U.S. Su­ American Revolution. mitted to speak therein for up to 10 preme Court Justice Antonin Scalia, On July 23, 1777, Pulaski arrived in minutes each, with Senator HEFLIN Frank Sinatra, Joe DiMaggio, Lee Ia­ America to serve in General Washing­ recognized for up to 10 minutes; that at cocca, Liza Minelli, Luciano Pavorotti, ton's army not speaking a word of Eng­ 1:30 p.m. the Senate proceed to the con­ and Sophia Loren, and in my view lish. Mr. Pulaski proved to be much sideration of Calendar No. 165, S. 4, the Dominic and the consul general fit in more than a good officer; he was both National Competitiveness Act of 1993. perfectly with this esteemed group. I an experienced cavalry man and a supe­ The PRESIDING OFFICER. Without wish to convey my heartfelt congratu­ rior strategist. objection, it is so ordered. lations to them and my sincere thanks This marked the beginning of an ex­ for all that they have done.• traordinarily decorated career. He RECESS UNTIL 12:30 P.M., MONDAY, played a crucial role in helping Amer­ MARCH 7, 1994 ica fight for freedom and independence. TRIBUTE TO DANIEL "DANNY" Mr. MITCHELL. Madam President, I STERN As soon as Mr. Pulaski took temporary command of Washington's cavalry de­ see no other Senator seeking recogni­ • Ms. MIKULSKI. Mr. President, I rise tachment in September 1777, he suc­ tion. today to honor a remarkable man, cessfully saved supplies and Warren's If there is no further business to Daniel "Danny" Stern, my constituent Tavern from British attack. come before the Senate today, I now and an active member of the Beth Is­ On September 15, 1777, because of his ask unanimous consent that the Sen­ rael Synagogue for over 20 years. He bravery in the Battle of Brandywine, ate stand in recess as previously or­ will be given a Distinguished Service Congress commissioned Mr. Pulaski dered. Award by the Beth Israel Synagogue in brigadier general. On February 25, 1778, There being no objection, the Senate, Randallstown, MD. He has earned this he resigned as commander of the cav­ at 3:50 p.m., recessed until Monday, award because of his active involve­ alry corps and began the formation of March 7, 1994, at 12:30 p.m. ment in his synagogue and the commu­ the Independent Corps of Light Cavalry nity. A man successful in life, he gener­ and Infantry, which was later known as NOMINATIONS ously contributes to his community his the Pulaski Legion. time and energy. Once the corps was authorized, Briga­ Executive nominations received by He has been the club president and dier General Pulaski quickly recruited, the Senate March 3, 1994: vice president of Beth Israel Syna­ clothed, and trained the corps in 3 FEDERAL MARITIME COMMISSION gogue. He has served on the Beth Israel months time, using a good sum of his JOE SCROGGINS, JR., OF FLORIDA, TO BE A FEDERAL board of directors for 8 years and has MARITIME COMMISSIONER FOR THE REMAINDER OF THE own money. His corps fought minor TERM EXPIRING JUNE 30, 1995, VICE CHRISTOPHER L . served as copresident of the Hebrew skirmishes in Egg Harbor. N J, and KOCH, RESIGNED. School PTA with his wife. He has Minising on the Delaware River. IN THE ARMY taught bar and bat mitzvah lessons to In February 1779, the corps was or­ THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT young students. dered to the South to join Gen. Ben- TO THE GRADE OF LIEUTENANT GENERAL WHILE AS· 3788 CONGRESSIONAL RECORD-SENATE March 3, 1994

SIGNED TO A POSITION OF IMPORTANCE AND RESPON ARMY RESERVE SUPPLY CORPS SIBILITY UNDER TITLE 10. UNITED STATES CODE, SEC- TTON 601(A). AND AS A SENIOR MEMBER OF THE MILI To be ch¿ef To be rear admíral TARY STAFF COMMITTEE OF THE UNITED NATIONS MAJ. GEN MAX BARATZ. xxx-xx-x... . U.S. ARMY REAR ADM, (LH) DONALD EUCENE HICKMAN, xxx-xx-... , UNDER TITLE 10, UNITED STATES CODE. SECTION 711 U.S NAVY. IN THE NAVY REAR ADM. (LH) DAVID ROSS RUBIE, xxx-xx-... , U.S. To be lieutenant general NAVY. THE FOLLOWING-NAMED REAR ADMIRALS (LOWER To be a senior member of the military stuff HALF) IN THE STAFF CORPS OF THE NAVY FOR PRO- CIVIL ENGINEER CORPS MOTION TO THE PERMANENT GRADE OF REAR ADMIRAL, committee of the United Nations PURSUANT TO TITLE 10, UNITED STATES CODE. SECTION To be year admiral 624. SUBJECT TO QUALIFICATIONS THEREFORE AS PRO MAJ. GEN. WESLEY K. CLARK. xxx-xx-... . U.S. ARMY. REAR ADM. (LH) THOMAS ALLAN DAMES. xxx-xx-x... . U.Š. VIDED BY LAW: NAVY. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT MEDICAL CORPS AS CHIEF. ARMY RESERVE, U.S. ARMY FOR A PERIOD OF DENTAL CORPS 4 YEARS, UNDER SECTION 3038, TITLE 10, UNITED STATES To Òe rear admiral To be rear admirat CODE. REAR ADM. (LH) RICHARD ARNOLD NELSON, xxx-xx-... , REAR ADM. (LH) WILLIAM HOWARD SNELL. JR., xxx-... NAVY. xx... U.S. NAVY,