Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, JULY 7, 1998 No. 88 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, July 14, 1998, at 12:30 p.m. Senate TUESDAY, JULY 7, 1998

The Senate met at 9:30 a.m. and was SCHEDULE as we can. Members have to expect called to order by the President pro Mr. LOTT. Mr. President, this morn- votes late on Monday afternoons and tempore [Mr. THURMOND]. ing the Senate will immediately pro- on Fridays also. We certainly need all ceed to a vote on a motion to invoke Senators’ cooperation to get this work PRAYER cloture on the motion to proceed to the done. We did get time agreements at The Chaplain, Dr. Lloyd John product liability bill. If cloture is in- the end of the session before we went Ogilvie, offered the following prayer: voked, the Senate will debate the mo- out for the Fourth of July recess period Gracious God, our prayer is not to tion to proceed until the policy lunch- on higher education and also on a overcome Your reluctance to help us eons at 12:30 p.m., and following the package of energy bills. So we will know and do Your will, for You have policy luncheons, it is expected the work those in at the earliest possible created us to love, serve, and obey Senate will resume consideration of opportunity this week or next week. I Your guidance. Rather, our prayer is to the HUD–VA appropriations bill. It is yield the floor, Mr. President. lay hold of Your willingness to accom- hoped that Members will come to the f plish Your plans through us. You have floor this afternoon to offer and debate amendments to the HUD–VA bill. I un- told us to call on You, to trust You RESERVATION OF LEADER TIME completely, to put You first in our pri- derstand there are some amendments orities, and to express our devotion to and some very legitimate amendments. The PRESIDING OFFICER (Mr. You in our patriotism. Sometimes, I hope we will get started on those FRIST). Under the previous order, lead- pride blocks our response, and we who early in the afternoon so that we can ership time is reserved. have a reasonable debate, but under a want to keep control find it difficult to f turn the control of our lives over to time agreement, and get to a conclu- You. When we are self-sufficient, we do sion as soon as we can this week on the CLOTURE MOTION not pray; when we are self-satisfied, we VA–HUD bill. The Senate also this week will con- The PRESIDING OFFICER. Under will not pray; when we are self-right- sider the IRS reform conference report. the previous order, pursuant to rule eous, we cannot pray. And yet, Father, We are not sure exactly when that will XXII, the Chair lays before the Senate when we are honest with ourselves, we begin. We thought about possibly to- the pending cloture motion, which the know that, by ourselves, we are insuffi- night. It will depend on what happens clerk will report. cient. We admit our profound need for on product liability and the HUD–VA The assistant legislative clerk read Your presence, Your wisdom, and Your bill, but we are definitely taking up the as follows: solutions to our problems. May this be IRS reform and restructuring con- CLOTURE MOTION a great day, lived to the fullest, trust- ference report before the end of the ing You each step of the way. Through We, the undersigned Senators, in accord- week to get a vote. I think this will be ance with the provision of Rule XXII of the our Lord and Savior. Amen. a tremendous reward for the American Standing Rules of the Senate, do hereby f people for their patience, and also to move to bring to a close debate on the mo- help address the serious problems we tion to proceed to Calendar No. 90, S. 648, the RECOGNITION OF THE MAJORITY have had with the IRS in recent years. products liability bill: LEADER I also remind Members that July is Trent Lott, Don Nickles, Slade Gorton, The PRESIDENT pro tempore. The Phil Gramm, John McCain, Spencer expected to be a very busy month with Abraham, Daniel Coats, Richard G. able majority leader, Senator LOTT of late-night sessions and votes, and votes Lugar, Lauch Faircloth, John H. Mississippi, is recognized. on most Fridays and Mondays. If any- Chafee, Sam Brownback, Ted Stevens, Mr. LOTT. Thank you, Mr. President. thing develops to the contrary, of Jon Kyl, Jeff Sessions, Michael B. Enzi, Welcome back. course, we will notify Members as soon and Judd Gregg.

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

S7525

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7526 CONGRESSIONAL RECORD — SENATE July 7, 1998 CALL OF THE ROLL The PRESIDING OFFICER. Is there almost disappeared in the United The PRESIDING OFFICER. By unan- objection? Without objection, it is so States of America. So we are not imous consent, the mandatory quorum ordered. speaking about a theory when we talk call has been waived. (The remarks of Mr. THURMOND per- about the inhibitions placed on various VOTE taining to the introduction of S. 2266 forms of business enterprise, industrial The PRESIDING OFFICER. The are located in today’s RECORD under and otherwise, by the present state of question is, Is it the sense of the Sen- ‘‘Statements on Introduced Bills and the law varying from State to State ate that debate on the motion to pro- Joint Resolutions.’’) through 50 States and several other ju- ceed to S. 648, the product liability bill, Mr. THURMOND. I yield the floor, risdictions. shall be brought to a close? The yeas Mr. President. While I would prefer broader product and nays are required under the rule. Mr. GORTON addressed the Chair. liability legislation, and while I believe The clerk will call the roll. The PRESIDING OFFICER. The dis- the Senator from West Virginia might The assistant legislative clerk called tinguished Senator from Washington is prefer it to be somewhat broader than the roll. recognized. it is at this point, this legislation nev- Mr. NICKLES. I announce that the Mr. GORTON. Mr. President, is the ertheless is good for the economy of Senator from Texas (Mrs. HUTCHISON) business before the Senate the motion the United States, and it is good for is necessary absent. to proceed to S. 648? those who are injured by the actual or I also announce that the Senator The PRESIDING OFFICER. The Sen- real negligence of manufacturers or from Pennsylvania (Mr. SPECTER) is ab- ator is correct. sellers. It does, however, say that in sent because of illness. Mr. GORTON. Mr. President, S. 648 is the case of the seller, the seller is only Mr. FORD. I announce that the Sen- a bill relating to product liability re- going to be liable when the seller itself ator from Hawaii (Mr. INOUYE), the ported about 1 year ago by the Senate is negligent. It does put some rational Senator from Maryland (Ms. MIKUL- Commerce Committee. That bill is basis on the award of punitive damages SKI), and the Senator from Maryland identical or nearly identical to the with an actual cap on punitive dam- (Mr. SARBANES) are necessarily absent. product liability legislation that ages for modest and for small busi- The yeas and nays resulted—yeas 71, passed both Houses of Congress in the nesses. In that regard, it sets a uniform nays 24, as follows: last Congress and was vetoed by Presi- national standard for punitive damages [Rollcall Vote No. 184 Leg.] dent Clinton. in those States that allow punitive YEAS—71 As and when the motion to proceed is damages—my own, for example, does Abraham Faircloth Lugar agreed to, Senator ROCKEFELLER and I not—raising the bar to require clear, Allard Frist Mack will propose an amendment in the na- cogent, and convincing evidence for the Ashcroft Glenn McCain ture of a substitute on the same sub- award of punitive damages, a higher Bennett Gorton McConnell ject, product liability, somewhat more Bingaman Gramm Moynihan standard than exists in most States at Bond Grams Murkowski modest in scope than the bill that was the present time, with a cap on puni- Brownback Grassley Nickles vetoed by the President. It is the result tive damages for small businesses. Bryan Gregg Reed of more than 1 year of careful and de- The National Federation of Inde- Bumpers Hagel Reid Burns Hatch tailed negotiation involving myself, pendent Business has just come out Robb Byrd Helms Roberts other members of this party, Senator with a study as to who is impacted by Campbell Hutchinson Rockefeller ROCKEFELLER and various of his allies, that, and while the definition of a Chafee Inhofe Coats Jeffords Santorum and the Office of the President of the small business in this bill is 25 employ- Cochran Johnson Sessions United States. ees or $5 million a year in sales, their Collins Kempthorne Smith (NH) The willingness of the President of Smith (OR) table shows that 73 percent of all the Coverdell Kerrey the United States to sign a product li- Craig Kohl Snowe manufacturers in the United States Daschle Kyl Stevens ability bill in the form of this sub- have fewer than 20 employees, 88 per- DeWine Landrieu Thomas stitute is due to the untiring and dili- cent of all the retailers in the United Dodd Lautenberg Thompson gent efforts of the junior Senator from States have fewer than 20 employees, Domenici Leahy Thurmond Dorgan Lieberman Warner West Virginia, who has literally been and 85 percent of the wholesalers in the Enzi Lott Wyden tireless in pursuing a solution to a United States fall within the same cat- NAYS—24 question that involved his time and my egory. So, for the vast majority of time for well over a decade, and a will- Akaka Durbin Kerry business enterprises in the United Baucus Feingold Levin ingness to pursue it in a White House States, there will be a cap on punitive Biden Feinstein Moseley-Braun from which a veto emanated almost 2 damages that is realistic in nature and Boxer Ford Murray years ago. is something that the business might Breaux Graham Roth The bill, of course, is not as broad as Cleland Harkin Shelby conceivably be able to pay, rather than Conrad Hollings Torricelli the one that was then vetoed or the bill simply being driven out of business by D’Amato Kennedy Wellstone that was passed out by the Commerce such a verdict. NOT VOTING—5 Committee. Nevertheless, it does bring With respect to product sellers, it Hutchison Mikulski Specter a significant degree of rationality and simply states that the product seller Inouye Sarbanes predictability to product liability liti- avoids liability if the product seller is gation. It removes a number of severe The PRESIDING OFFICER (Mr. ROB- not itself negligent or otherwise liable. inhibitions that stand in the way of re- ERTS). On this vote, the yeas are 71, the Manufacturers, under those cir- nays are 24. Three-fifths of the Sen- search and development for new and cumstances—since they can’t be joined ators duly chosen and sworn having approved products in the commerce of in litigation with the product seller— voted in the affirmative, the motion is the United States. That may be its can almost always achieve what agreed to. most important single feature, because amounts to fraudulent joinder and thus we have an economy in which litiga- get diversity of citizenship, a diversity f tion has provided a severe inhibition to of citizenship that allows them to get PRODUCT LIABILITY REFORM ACT the improvement of our products, to into a Federal court rather than into OF 1997—MOTION TO PROCEED the development of new products. Per- State courts where the great majority The PRESIDING OFFICER. The haps the single most vivid illustration of notorious and unwarranted verdicts question is on the motion to proceed. Is of the value of product liability litiga- in product liability cases have taken there further debate on the motion? tion is in the field of piston-driven air- place in the past. Mr. THURMOND addressed the Chair. craft, a subject with which the Pre- Product manufacturers have been The PRESIDING OFFICER. The Sen- siding Officer is more than familiar, frustrated by the unavailability of a ator from South Carolina is recognized. where a limitation on product liability ‘‘misuse’’ defense. They have that, to a Mr. THURMOND. Mr. President, I litigation, a modest limitation, passed greater extent, as a result of this bill. ask unanimous consent to speak for half a dozen years ago, has resulted in The bill includes a statute of repose, a twelve minutes as in the morning hour. the recovery of an industry that had very modest and narrow statute of

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7527 repose but a statute of repose neverthe- kind of innovation and leadership in ‘‘somewhat more limited bill.’’ I will be less, one of 18 years for durable goods the world economy that is vitally im- more direct and say that it is a very used in the workplace where the plain- portant. So I hope we will be soon able much more limited bill. The logic for tiff already has available to that plain- to move to the bill, to pass the bill in that is very simple. If it was other than tiff workers compensation or industrial the form as it has been worked out by its current form, we might be able to insurance. the Senator from West Virginia and pass it, but it would not be signed. I Finally, a strong biomaterials bill, myself with the cooperation of the just somehow fail to see the logic or particularly important, in my view, as White House, its passage by the House, the wisdom of, once again, passing a the materials that go into implants— and its signing by the President of the bill that is vetoed. I don’t see the point for example, heart monitors and the United States. in that. It takes up a lot of our time. like—are often very inexpensive. They I dare not say in a body like this that We have all worked at this for years are various forms of plastic tubing and this issue has occupied us for more and years. If we are going to do some- the like. Yet the biomaterials manu- years than any other in which there thing, let’s get what we can. I think facturer almost always finds itself as a has not been any actual legislation that is one of the lessons we learned defendant in a product liability suit di- passed, but if it doesn’t rank No. 1 in from health care reform—one which I rected primarily at the manufacturer that score, it ranks very, very close to myself did not learn easily—that when or the assembler of the implant. And No. 1. We now have a real opportunity, we try to do the whole job, or at least the cost, in the case of many relatively if we are constructive, to see to it that a large chunk of the job, the Congress large corporations, of successfully de- we are modestly successful, and I hope is not willing to accept it. I now refer fending lawsuits based on those im- in the course of the next week or 10 to myself on health care reform as a plants literally exceeds the total sales days that is exactly what we will do. ‘‘raging incrementalist.’’ I have had to price of the materials that they have The PRESIDING OFFICER. The dis- accept that position. On product liabil- sold that go into those items. So a ra- tinguished Senator from West Virginia ity reform, I now think the more lim- tional manufacturer of the materials is recognized. ited approach makes a great deal more sense. that go into various very important PRIVILEGE OF THE FLOOR cutting-edge medical devices—the ra- I say again to my colleagues and Mr. ROCKEFELLER. Mr. President, I those who work with them, that when tional manufacturer simply won’t sell ask unanimous consent that Rosalind I say there is not a lot of room for devi- them. There is not much point in sell- Wood, of my staff, be accorded floor ation in this bill, the Senator from ing $100,000 worth of materials in a privileges for the duration of the con- West Virginia really means that. This year if it is going to cost you $1 million sideration of the pending product li- is a process in which I worked for a a year successfully to defend yourself ability bill. very long period of time negotiating against lawsuits directed primarily at The PRESIDING OFFICER. Without with the White House, knowing that it the person who has used the materials objection, it is so ordered. was fruitless to come forward with a that you have manufactured. Mr. ROCKEFELLER. Mr. President, bill which would not meet with their Some of those companies have con- here we are again. As always, I am very approval. In essence, we had to look at tinued in the business just as a matter proud to be standing across the aisle all of those things which were dis- of being good citizens, but we cannot from my dear colleague, Senator GOR- pleasing to the White House last year call on them or believe that they will TON. Senator LIEBERMAN is very much a when the veto took place and then sim- continue to do so for an extended pe- part of this. There are many who are ply excise all of those or anything re- riod of time. To the best of our knowl- very much a part of this. lated to those, and proceed to craft a edge, we do not have any who have ac- I can report that we are in a position, bill which did not meet their objec- tually lost these lawsuits, but the de- as the Senator from Washington has tions. They were very tough about it, fense against these lawsuits is impor- indicated, to pass and to have signed a but they were very fair about it. They tant in any event. product liability bill for the first time were very consistent. I really respect We have a system that is sick, a sys- in my living memory, at least, in the them for that. I can name the people tem in which the greater percentage of Senate. This is, I guess, my 11th year who did that, and I will at the appro- the money that goes into product lion this subject. priate time, but I really honor them for ability litigation goes to lawyers, in- We have a chance to have the bill their consistency and their willingness surance companies, insurance agents signed, however, by the President, only to let it be known where they stood. and the like, and only a relatively if we maintain the bill in its current Then, my obligation is to let my col- modest portion of it ever gets to the very limited form. I, obviously, con- leagues know that this is not one of actual victims of actual negligence. We gratulate Senator GORTON—who does a those bills where we can come in and have a situation in which there are prodigious job in all events—on this do all kinds of things to it or else it highly publicized and outrageously subject and many others, but he has will be vetoed, and only the President large punitive damage awards in a also been extraordinary in the way holds the pen. He always does, but handful of States of the United States, that he has accepted and rejected and sometimes there is more room for but where, in the vast majority of negotiated not only with myself, but movement. On this one, I think there is cases in which some at least modest also with the White House in his dis- very little room for movement. compensation is due, the compensation cussions with the majority leader to, in Senators know our legislative cal- is less than actual damages. effect, finally bring a product liability endar is growing very short. That is This bill is a modest attempt to im- bill to the floor which actually can why I have been so adamant about urg- prove the compensation system for de- pass, and if it does pass, will be signed ing floor consideration for the reform fective products in the United States by the President, provided that it is in agreement that has been reached with and it modestly improves it. It is a its current limited form. the White House and which will be modest move in the direction of uni- It is a good feeling to have a bill that signed if passed. Senator GORTON and I formity. It certainly doesn’t create can be signed. I am much more accus- recently completed work on some tech- uniformity everywhere, but at least it tomed to being here promoting a bill nical changes which the White House is a modest step in that direction. And that I know would be a good bill, but, had agreed to accept but, again, tech- it is a significant step in the direction on the other hand, which I know in the nical, no substantive changes. No sub- of encouraging companies to continue end isn’t going to be signed. When you stantive changes were contemplated by to be at the cutting edge of the devel- know something is going to be signed, the White House; no substantive opment of new products, new products that says two things: One is that you changes were agreed to by the White used both in the workplace and by indi- are dealing with some folks in the House, only some technical changes. viduals all across the United States— White House who have been very hon- Why? Because they are the control- the kind of innovation and develop- orable and consistent; and, second, you ling element here. They are the ones ment which have marked the United have a very limited bill. who have the pen. They can veto it, or States from the very beginning of our The Senator from Washington used a they can sign it. Therefore, their lever- history and of our economy, and the much more tactful phrase. He said a age is considerable. I can pretend we

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7528 CONGRESSIONAL RECORD — SENATE July 7, 1998 are otherwise, but it doesn’t do me All of these States having different this Senator’s position are always talk- much good. That is the case. Therefore, laws is very, very complex and very dif- ing about, ‘‘The Senator from West if we are going to have some form of ficult in allowing us to compete, and in Virginia is always talking about the bill, then let’s proceed to get what we fact, in even allowing us to adjudicate explosion of litigation.’’ can. That is the way Senator GORTON in product liability cases where people I have never talked about explosion and I have proceeded on this bill. have, in fact, been injured and do, in of litigation. There is no explosion of I reemphasize to my colleagues that fact, deserve payment and, in some litigation. But the psychological factor the White House has publicly com- cases, punitive damages. of a company sitting down and trying mitted to signing this bill if it remains The plain fact to this Senator’s way to decide whether it will go into a line in this form. That will grate on some of of thinking is that our current system of research and development which my colleagues. I have also had private is simply unable to handle this problem could lead to a cure for some disease, assurances this bill will be signed if it in the modern marketplace and much the present laws pull them back. Look is unamended. It is now up to the full less—or more so, really—in the global at Viagra. It now has had about 300 Senate to decide if they want a cam- marketplace. States cannot deal with deaths. I don’t know what will happen paign issue or if they want to pass a product liability problems that occur with Viagra. Maybe they deserve to get moderate, balanced, responsible reform out of their borders. They can’t do sued, maybe they don’t, I don’t know. bill that helps small business, product that. But you can see when people are look- sellers, renters, lessors, as well as con- In contrast to the circumstances that ing at doing some kind of research that sumers, but which, in the end, is a fair- existed when our tort system was they want to pull back. In the case of ly modest bill. evolving, most goods, as I indicated, Viagra, maybe they should have in the My colleagues know there are many move outside of the State. That is im- first place. Or maybe their warnings of us who have worked very hard to portant. When our tort system was were not adequate. gain a meaningful and fair reform. I evolving, the States could handle it. I am not here to defend Viagra, as I have taken on this task, not because I The States did handle it. Exporting was never here to defend Ford Pinto— am a lawyer, which I am not; not be- from McDowell County, WV, to that was always the example. Ford cause I am heavily involved in fol- Braxton County, WV, was the way life Pinto is undefendable. They should lowing these matters in the trade went on some time ago. Now if you ex- have been sued, they were sued, and press, but for a very simple reason. And port to Ohio, much less the State of that was the right thing to do. that is I genuinely believe that in an California, much less Indonesia, Japan, Keeping products off the market that international global economy, we have or China, you have to be much more so- can do remarkable good for people is to keep up with the competition. I just returned from 10 days in China phisticated in the way you handle not in the American tradition; pro- with the President. It is just absolutely these problems. I think a Federal prod- tecting consumers is in the American stunning to see what is going on there, uct liability law does make sense. That tradition. But we have always managed the way that economy, in spite of the does not mean in all respects, and this to find a balance where we both protect Asian troubles, is leaping ahead. This bill does not do that in all respects, consumers and we move forward, is true all over Asia. The Asia crisis is and I think that is an important point. strongly, in terms of innovation. We going to pass. It is going to be a couple I was a member of the National Gov- have always been the country of basic of years. It is going to pass. They are ernors’ Association for 8 years, and, research. Other countries have been going to come back. The Asian coun- like other companies, I was protective the countries of applied research. Basic tries are predestined to be successful of States rights on all issues. But they research is not undertaken unless you economically. have fairly consistently recognized the can foresee it ending up someday in the All the European Union nations have importance of establishing a Federal marketplace. If you don’t, then you a single product liability law. I know, statute on product liability. I think don’t do it. just as a matter of common sense, that that is very significant and deserves We can help all of this by estab- when something is manufactured in a the consideration of my colleagues. lishing a set of Federal rules for prod- State, if it is an average State, 70 per- There is another bipartisan group uct liability cases. The compromise cent of the manufactured products will called the American Legislative Ex- bill that Senator GORTON and I were be exported on an interstate, if not change Council, a group of over 3,000 able to work out with the White House, international, basis. Therefore, State State legislators from all over the and which was introduced on June 25, law, having had meaning at some country. They have repeatedly urged creates a national framework for a point, has much less meaning when it Congress to enact Federal product li- more rational process for litigation re- comes to interstate commerce, much ability reform—Federal product liabil- garding products, and products alone. less international commerce. Again, it ity reform. If a manufacturer was, in fact, respon- is not just a question of the laws, but The bill we are proposing would ad- sible for injury, it would remain ac- it is also a question of are we being dress the problems in our product li- countable. If the seller of a product competitive or not. What is the added ability reform system which we know failed in its responsibility, it would be cost for liability insurance to our prod- exist. It would provide increased pre- held accountable. The legislation is ucts as we compete in Europe and dictability for business. It would im- limited, meaningful, and signable. Japan now, for example, which has also prove the system for consumers at the I ask unanimous consent a section- taken on a single national uniform same time. Is it gigantic on any side? by-section analysis of the bill appear in product liability law. No, because it is not a big bill. That we the RECORD at the conclusion of my re- All of these things are extremely im- constantly bear in mind, because if it marks. portant. I also think having 50 States were a bigger bill, it would not get The PRESIDING OFFICER. Without with separate laws is confusing. It signed. We want to get the bill signed. objection, it is so ordered. means that people forum shop. They go This is not the ‘‘nose under the tent’’ (See Exhibit 1.) to the State where they can get the theory. It simply would be nice to get Mr. ROCKEFELLER. I will briefly best deal. I think it is true—I am not some sort of uniform Federal standards run through a list of the bill’s major sure it is true this year—but it is true on product liability going. provisions for my colleagues in the that last year, 85 percent of all of the Under today’s product liability sys- hope that some of them and some of punitive damages awarded in this coun- tem, companies have a disincentive to their staff they work with are listen- try came out of Alabama, Texas, and invent, to innovate. That means there ing. California. That means that people are a lot of beneficial upgrades that are No. 1, the bill, as the Senator from knew where to go to get into a court not done. People do not undertake cer- Washington indicated, protects product system which would, in a sense, retain kinds of biomedical research or sellers, renters, and lessors from suits spond sympathetically. I don’t think pharmaceutical production or other that should be brought against manu- that is a wise way to carry on the busi- things just because they fear the result facturers, not the product sellers, rent- ness of our country or the commerce of of getting sued. It isn’t really so much ers, or the lessors. Product sellers, our country. the number of suits. Those who oppose renters, or lessors will be held liable

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7529 for their own negligence, make no mis- No. 6, alternative dispute resolu- free flow of interstate commerce de- take. For their own negligence they tion—this is not the most potent part mands some form of a rational and fair will be held accountable, or their fail- of the bill that I can imagine—we have approach. I think that involves, to a ure to comply with express warranty, an alternative dispute resolution that certain extent, Federal standards. We but not for the negligence that is be- avoids protracted legal battles. That is are, after all, in a global economy, and yond their own control. That comports, encouraged under this bill. Either the world has changed almost totally it seems to me, with common sense. party can request alternative dispute in the last 10 years as regards to this The product seller, renter, or lessor resolution using existing State ADR product liability subject, and the need remains liable if the manufacturer can- procedures. for the legislation is greater than ever. not be brought into court. So, again, a No. 7, one of the main provisions of I am not naive. As we head into this consumer protection. Or they remain this bill limits punitive damages for debate, there is long experience—over a liable if the manufacturer is unable to truly small businesses (under 25 em- decade—of filibusters and vetoes on pay judgments. All of this is in order to ployees with $5 million in revenue), in- products legislation. That is why I am ensure that consumers retain a source dividuals (with incomes of $500,000 or so pleased that we have succeeded in of recovery. So, product sellers, rent- less), and local governments. It creates negotiating a new bill with the Presi- ers, or lessors, et cetera, are protected, a Federal standard for awarding puni- dent and his team. This bill has a firm but they are not protected in the ulti- tive damages which are reserved for commitment from the White House mate sense. That is, if manufacturers the most egregious cases—clear and that it will be signed if it is unaltered. don’t show up, are broke, can’t pay, convincing. We simply take the Fed- My colleagues do not like to hear the they—the consumer, injured con- eral standard, uniform standard, and phrase ‘‘if it is unaltered.’’ The Senate sumer—will still get recovery. put it, frankly, where I think most peo- does have a right to work its will, but No. 2, this bill will create a defense in ple agree it should be. The bill sets the if the Senate works its will and the a product liability case if a plaintiff is limit for these punitives for small busi- White House is displeased, of course, found to have been under the influence nesses to $250,000, or two times the eco- there will be no bill. That is a choice the Senate will have to make. of illegal drugs or alcohol and was re- nomic and noneconomic damages. This So to hit the highlights again—one sponsible for more than 50 percent of limit means that businesses will still gives this speech only once during the his or her own injuries. That has al- have to pay punitives, should that be course of debate—we would gain strong ways struck me as a commonsense the judgment of the court, but they are protections for product sellers, renters, idea. We should help discourage abuse less likely to be bankrupted by the cost lessors and suppliers; strong protec- of illegal drugs or alcohol. Maybe it of the penalty. This bill does not create tions for biomaterials suppliers; uni- will, maybe it won’t. But in any event, punitive damages in States that do not form Federal statute of limitations and if people are responsible for their own permit punitive damages. That needs workplace durable goods statute of use of alcohol or drugs and responsible to be said clearly. If the State does not repose; uniform Federal rules on alco- for more than 50 percent of their in- have it, this bill will not create it. hol and drugs; uniform Federal rules on jury, there should be an absolute de- The bill includes a workplace safety misuse or alteration; uniform Federal fense against that. incentive by affecting an employer’s legal and evidentiary standard for pu- No. 3, if a claimant’s harm is attrib- right to recover worker compensation nitive damages—the key word being utable to the misuse or alteration of a benefits from a manufacturer whose ‘‘uniform’’—strong protections for product, defendant’s liability will be product harms a worker if the employ- small business from punitive damage reduced by whatever extent the harm er’s fault was a substantial cause of the awards; States’ advances on joint and is due to that misuse or alteration. injury. several liability determination would No. 4, consumers will have 2 full Finally, Senator LIEBERMAN’s bio- remain in place; more uniform rules of years to file a complaint from the time materials access assurance bill is the preemption (punitive damages and he or she discovers or should have dis- second title of product liability reform. statute of repose changes). And then, covered the harm and—this is new—the I should say, in all due candor, this was as I indicated, there are incentives to cause of the injury. A lot of States something that was worked out be- resolve litigation, although they are have the harm, the discovery of the tween the White House, Senator LIE- not mighty in their nature. Neverthe- harm, but there are not as many that BERMAN, and other parties. I con- less, they are there. have the cause. So, this is very, very centrated, as did Senator GORTON, on I am fully aware that some have res- strongly in favor of the consumer. This the products aspect of this. Senator ervations about the limited nature of is particularly true—on the veterans LIEBERMAN did the biomaterial section the product liability compromise that committee, I have worked very hard on of that and did a very good job. The we secured with the White House, be- a variety of issues, including the Per- White House has accepted it and it is lieving that it does not go far enough. sian Gulf War Syndrome, all kinds of part of the bill. This provision is de- That is a view that in other places or things in the world we are moving into, signed to alleviate the shortage of cer- at other times, perhaps, might have my like toxic harm, et cetera, where the tain biomaterials due to biomaterials concurrence. But we are not in other cause becomes much more important, suppliers who are increasingly unwill- places and in other times; we are here because often things don’t show up ing—as those who would wish to do and now. It is not my view that we will until much later. basic research—to supply products that move forward toward enactment of No. 5, the bill’s 18-year statute of produce very little revenue, but which anything if we make changes to this repose applies to only durable goods in would have high litigation costs at- bill. the workplace, and only in those situa- tached to them. It should ensure the For the RECORD, let me acknowledge tions which are covered by State work- availability of life-saving and life-en- that we will face amendments that go er compensation laws, and specifically hancing medical devices. beyond the compromise that Senator excludes injuries caused by toxic harm. Specifically, the provision will pro- SLADE GORTON and I have now secured I just mentioned toxic harm. Well, tect suppliers of biomaterials by allow- with the White House. That was true in toxic harm has no place, there is no ing them to seek early dismissal from the last attempt to move product li- remedy for it, in this bill. This means claims against a medical device manu- ability reform, and it resulted in— that only people who can recover for facturer, so long as the supplier did not guess what? A veto, and no law. Those their injuries under State worker com- manufacture or sell the device and met expansions will not have my support. I pensation laws are subject to the stat- its contract requirements. will not support them, and they cannot ute of repose. The statute of repose In sum, then, Mr. President, this bill, be signed into law. does not begin until after the product’s I think, is balanced in its treatment of As I have stated many times before, express warranty expires. This provi- consumers and business. Again, it is I don’t intend to support product liabil- sion is good for consumers, and, frank- not a large bill. I think it should have ity reform provisions for the sake of ly, it is good for business. Businesses strong, bipartisan support. doing it, so that I can say I did it. I are relieved of unlimited liability, and I believe in the need to develop a want to see a law. I want to see some- consumers have a source of recovery. Federal-level framework. To me, the thing come from this process after all

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7530 CONGRESSIONAL RECORD — SENATE July 7, 1998 these years. As the Senate proceeds caused by durable workplace goods where the be killed outright. It is nothing more with debate on product liability re- claimant has workers compensation cov- than a political farce. The distin- form, I sincerely hope and believe that erage, with exceptions for general aviation, guished Senator from West Virginia the majority leader will take advan- transportation of passengers for hire, and says 10 years; it is 20 years, really. tage of what I consider to be virtually products with an express warranty of safety of life expectancy beyond 18 years. What sustains a 20-year drive is noth- the last opportunity to enact limited ing more than political polling. I was 108. Transitional Provision. Federal reform of our product liability elected some 50 years ago, and if I have laws in the foreseeable future. Claimants have a full year after enactment watched a dismaying trend, it is the to bring a claim, regardless of the impact of Mr. President, that is all I have to lack of really addressing the true needs say at the present time. I thank the the new federal statute of limitations or statute of repose. of a State or the Nation, and instead Presiding Officer and yield the floor. 109. Alternative Dispute Resolution. addressing the needs of the individual (EXHIBIT 1) Claimants and defendants are encouraged politician, as reflected in the political PRODUCT LIABILITY REFORM ACT OF poll. 1998 to use voluntary, non-binding ADR as available under state law. Now, Mr. President, right to the SECTION-BY-SECTION SUMMARY 110. Punitive Damages Reforms point. We all have heard Shakespeare’s 1. Short Title; Table of Contents. comment that Dick the butcher calls Uniform Standard. The Act creates a uni- 2. Findings; Purposes. out in Henry VI, ‘‘First, we must kill TITLE 1—PRODUCT LIABILITY REFORM form legal and evidentiary standard for punitive damages—the claimant must establish all the lawyers.’’ That is in response to 101. Definitions. the intent of fomenting anarchy, im- 102. Applicability; Preemption. by clear and convincing evidence that the harm was the result of conduct carried out posing tyranny; and Dick the butcher, The Act covers product liability actions with a conscious, flagrant indifference to the brought in federal or state court on any the- like Adolf Hitler himself, wanted to get ory for harm caused by a product, but ex- rights or safety of others. Punitive damages rid of the lawyers first. Dick the butch- cludes actions for: (i) commercial loss; (ii) are explicitly not created in states that do er says, ‘‘First, we must kill all the negligent entrustment; (iii) negligence per se not otherwise allow them. lawyers,’’ because he knew that as long concerning firearms and ammunition; (iv) Bifurcation. Any party can request that punitive damages be determined in a sepa- as you have lawyers standing for indi- dram-shop; (v) harm caused by a tobacco vidual rights, you cannot have anar- product; or (vi) harm caused by a silicone rate proceeding and that evidence relevant breast implant. only to the punitive damages determination chy; you cannot have tyranny. But ask State law is superseded only to the extent not be introduced in the underlying action. people about lawyers—until they need it applies to a matter covered by the Act. Small Business Limit. Punitive damages one; just like doctors, until they need Matters not governed by the Act, including awards against small businesses may not ex- one—and they will say get rid of all the the standard of liability applicable to a man- ceed 2 times the amount of compensatory lawyers. And over the 20-year period, I ufacturer, continue to be governed by appli- damages or $250,000, whichever is less. Small have kept my good friend Victor cable federal or state law. business is defined to cover entities with 25 or fewer employees and less than $5 million Schwartz in business. Maybe he will go 103. Liability Rules Applicable to Product Sell- out of business now with this jury-built ers, Renters, and Lessors in annual revenue. Limitation also applies to nonsense called an amendment that we Product sellers, rentors, and lessors will be local governments and individuals with net liable only for their own failures and mis- worth under $500,000. only got on yesterday, and I haven’t deeds: a product seller, rentor or lessor is lia- 111. Liability for Certain Claims Relating to had a chance—that is why I have been ble if the harm that is the subject of the ac- Death. scurrying around here at the desk—to tion was caused by (i) his failure to exercise Provisions regarding punitive damages will pick up the thrust of this latest as- reasonable care, (ii) his intentional wrong- not apply for one year in states that, in sault. doing, or (iii) the product’s failure to con- wrongful death actions, permit recovery only But back to the initial point—we form to his express warranty; failure to infor punitive damages. have been taken over by the pollsters. spect the product will not constitute failure Only the week before last, the House to exercise reasonable care if there was no 112. Workers Compensation Subrogation opportunity to inspect the product or an in- An employer or insurer may lose its lien of Representatives, the most central spection wouldn’t have revealed the problem; against a judgment or settlement in a prod- organ of our representative govern- product sellers are liable as manufacturers if ucts liability case involving a workplace ac- ment, the body that controls the purse the manufacturer is judgment-proof or not cident if the employer’s conduct was a sub- strings, voted overwhelmingly to do subject to service of process, in which case stantial factor in causing the claimant’s away with tax revenues, some $970 bil- the statute of limitations is tolled until harm—thereby providing an incentive for lion—just gut the source to pay the judgment is entered against the manufac- safer workplaces and ensuring workers re- turer; and rentors and lessors are not liable ceive full recovery for their injuries. bills—that we are going to spend and spend and spend. They use substitutes solely by reason of ownership. TITLE II—BIOMATERIALS ACCESS ASSURANCE 104. Defense Based on Claimant’s Use of Alcohol now of borrowing from yourself. We A supplier of biomaterials (component or passed section 13301 of the Budget Act It is a complete defense in a product liabil- raw materials used in the manufacture of ity action if the claimant was under the in- implantable devices) is permitted to seek to forbid it. They disregard it regu- fluence of drugs or alcohol and, as a result, early dismissal from claims unless he (i) larly, borrowing so much from Social was more than 50 percent responsible for the manufactured the device; (ii) sold the device; Security, the highway trust fund, the harm. or (iii) furnished materials that failed to airport trust fund, the civil service 105. Misuse or Alteration. meet contract requirements or specifica- pension fund, the military retirees pen- Damages for which a defendant is other- tions. In the event that the manufacturer or sion fund, and the Federal Financing wise liable under state or federal law are re- other responsible party is bankrupt or judg- Bank—at this point over $111 billion— duced in proportion to the percentage of ment-proof, a supplier will be brought back to bring about talks of surplus. harm caused by misuse or alteration of a into the suit if there is evidence of his liabil- In fact, this year we are spending product if such misuse or alteration was in ity. Lawsuits involving silicone gel breast violation of a manufacturer’s warning or in- implants are expressly excluded. over $111 billion more than we are taking in—a deficit, if you please. But volved a risk that was or should have been TITLE III—LIMITATIONS ON APPLICABILITY; with all of the jargon around and the known by an ordinary person who uses the EFFECTIVE DATE product. Such damages are not reduced by news media coverage that is supposed 301. Federal Cause of Action Precluded. the percentage of harm attributable to an to educate and illuminate and keep us employer who is immune from suit. No federal causes of action are created. to the truth, politicians have joined in 106. Statute of Limitations. 302. Effective Date. the conspiracy. They babble ‘‘surplus, The Act creates a uniform, 2-year statute The Act applies to all actions commenced surplus’’— everywhere they call ‘‘sur- of limitations—product liability claims in on or after the date of enactment. plus.’’ Well, there isn’t any surplus. all states must be filed within 2 years of the Mr. HOLLINGS addressed the Chair. Of course, this bill here is intended date the harm and the cause of the harm was, or reasonably should have been, discov- The PRESIDING OFFICER (Mr. strictly to get at the lawyers—not as ered. THOMAS). The distinguished Senator the distinguished gentleman used the 107. Statute of Repose for Durable Goods Used from South Carolina is recognized. expression of ‘‘in the American tradi- in a Trade or Business. Mr. HOLLINGS. I thank the Chair. tion.’’ ‘‘In the American tradition,’’ The Act creates a uniform 18-year statute Mr. President, in a phrase, we ought to Heavens above. The American tradi- of repose for harm (other than toxic harm) ‘‘bail this buzzard.’’ This bill ought to tion, Mr. President, has been for the

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7531 States to regulate our torts. They have trend toward concentration of power in DEAR SENATOR: We understand that on done so commendably. There isn’t any Washington. Every year, Congress passes July 7, broad federal product liability legis- question. All the farcical preambles— more laws and federal agencies adopt more lation will be the subject of a cloture vote on they try to really get away from the rules that preempt state authority. Little the Senate floor. I am writing to you to ex- consideration is given to the cumulative ef- press the American Bar Association’s opposi- preambles and just some dribble about fect of preemption piled upon preemption. tion to S. 648, the bill reported by the Com- interstate commerce. I use the expres- Little thought is given to the shrinking pol- merce Committee, and S. 2236, the com- sion ‘‘dribble’’ and otherwise, because icy jurisdiction of state legislatures. promise proposal introduced by Senators we know otherwise. Moreover, little consideration is given to GORTON and ROCKEFELLER. The ABA believes The reality, heavens above, is that whether state legislatures are responsibly that improvements in the tort liability sys- we have a great economy and booming exercising their authority. The threat to pre- tem should continue to be implemented at small businesses. The National Federa- empt state product liability law, for exam- the state level and not be preempted by ple, comes at a time when state legislatures broad Federal law. tion of Independent Businesses says have been particularly active in passing re- small businesses are having the best of S. 648 and S. 2236, which would federalize form bills. As the attached article from the portions of tort law, would deprive con- times. My staff completed a Lexis- June issue of The States’ Advocate shows, sumers in the United States of the guidance Nexis search for small businesses that over the past ten years, thirty-three product of the well-developed product liability laws couldn’t operate on account of product liability reform bills have been enacted in of their individual states. This legislation liability. You know what—they the states. In addition, states have been re- would also deprive the states of their tradi- couldn’t find any large and serious forming their tort law generally. As of De- tional flexibility to refine carefully the prod- cases against small businesses. But I cember 1996, 34 states had revised their rules uct liability laws through their state courts of joint and several liability and 31 had acted presume during the debate this legisla- and state legislatures. to curb punitive damages. The ABA has worked extensively to im- tion’s supporters will bring us some, Just as the preemption contemplated by a and we will see how many they bring. prove our civil justice system, including de- national products law is unprecedented, so veloping extensive recommendations on pu- The fact remains that there isn’t a the intrusion on the operation of state nitive damages and on other aspects of the problem. But there is a political inter- courts is both unprecedented and disturbing. tort liability system for consideration at the est. There is a political problem. Oh, National products standards would be graft- state level. Broad federal product liability yes. We have to say we did something— ed onto state law. In a sense, Congress would legislation, however, would constitute an un- we did something to get rid of the law- act as a state legislature to amend selected wise and unnecessary intrusion of major pro- elements of state law, thus blurring the lines yers. We showed those lawyers. And, as portion on the long-standing authority of of political accountability in ways that raise the states to promulgate tort law. Such pre- a result, they not only voted away the several Tenth Amendment issues. Given the tax system—now here on the Senate emption would cause the whole body of state Supreme Court’s recent interpretation of the tort law to become unsettled and create new side for a nonproblem they come up Tenth Amendment in Printz v. United complexities for the federal system. Unequal and talk about the American tradition States, the legislation might even be uncon- results would occur when product liability whereby they ask, and the gentleman stitutional. litigation is combined with other types of Our constitutional tradition of federalism says, ‘‘There goes that trial lawyer law that have differing rules of law. An ex- deserves more than lip service. It’s time to ample of this would be a situation where a crowd.’’ You are right. They are the vote ‘‘no’’ on product liability and similar product liability claim is joined with a med- ones who have really been keeping the proposals to unjustifiably preempt state law. ical malpractice claim. If state tort laws dif- system honest. They haven’t succeeded That is from the president of the con- but in 27 percent of the product liabil- fer from the federal law in areas such as caps ference and the president-elect of the on punitive damages, conflicts and uncer- ity cases. But they still, when they National Conference of State Legisla- tainly would likely result; one defendant in have the clients who have been injured, tures, which now has been updated in a an action could well be treated entirely dif- try to keep the system honest. And letter to this Senator dated June 18, ferent than another. Having one set of rules what happens is that we have the 1998. to try product liability cases and another set States here—not only the trial lawyers of rules to try other tort cases is not con- DEAR SENATOR HOLLINGS: I write on behalf but we have the States—and the Amer- sistent with the sound and equitable admin- of the National Conference of State Legisla- istration of justice. ican Bar Association. tures in opposition to S. 648, a bill that The ABA opposes the product seller provi- So I am very proud to stand here would supplant state liability laws with fed- sions of section 103 of S. 648 and S. 2236 be- with the State legislature. Don’t tell eral standards. cause those provisions remove the motiva- me about the Governors. I have been For the National Conference of State Leg- islatures, this is a simple matter of fed- tion of the only party with direct contact one of those, just like the Senator from with the consumer, the seller, to ensure that West Virginia. And when we had Demo- eralism and states’ rights. Tort reform is an issue for state legislatures, not Congress. the shelves in American businesses are cratic Governors, then they voted There is no precedent for such a federal in- stocked only with safe products. Seller li- against this thing right on down the trusion into such an important area of civil ability is an effective way of maintaining line. Now the Republican Governors, law. Moreover, we regard it as highly inap- and improving product safety. Manufactur- the last time they got together and propriate and perhaps unconstitutional for ers traditionally rely on sellers to market even bothered to take action was 6 or 7 the state courts to be commandeered as in- their products. Through their purchasing struments of federal policy in the fashion and marketing power, sellers have influenced years ago. They are not really bothered manufacturers to design and produce safer by it. But the State legislatures are contemplated by S. 648. The states have made considerable consumer goods. bothered by it. progress in reforming their state law, includ- Ambiguity in the language of S. 648 and S. We have an update here of June 18, ing product liability law, over the past dec- 2236 may result in unintentionally elimi- less than a month ago. Here is what ade. State legislatures are in a good position nating grounds for liability which promote they really said when this was pro- to balance the needs of the business commu- safety. For example, the two bills expressly posed, again on this particular bill, be- nity and those of consumers, not just in the eliminate a product seller’s liability for fore with the amendment, which is to abstract but in a way that reflects local val- breach of warranty except for breach of ex- be introduced, I take it, later on. This ues and local economic conditions. This is as press warranties. This Uniform Commercial the Founders intended it when they estab- Code, long regarded as a reasonable, bal- is from the National Conference of anced law, holds sellers responsible for State Legislatures: lished a federal republic rather than a uni- tary state. breach of implied warranties as well. By As you know, product liability legislation, The issue then is not finding the right their vague and ambiguous language, S. 648 in some form, may come to the Senate floor compromise between consumer and business and S. 2236 may result in preempting these before Congress adjourns in November. I urge interests in crafting the language of S. 648. long established grounds of liability. you, on behalf of the National Conference of The issue is whether we will take a giant We urge you to vote no on federal product State Legislatures, to vote against any such step toward nationalizing the civil law, to liability legislation as it is an unwise and bill, for the simple reason that this is an the detriment of our constitutional system unnecessary intrusion on the long-standing issue best resolved by state legislatures. of Federalism. Again, please oppose S. 648. authority of the states to promulgate tort A good deal of lip service is given today to That is from the Conference of State law. the advantages of our constitutional system of federalism and to the advantages of de- Legislatures, which, of course, is once Now, Mr. President, we all know the volving authority to the states. But, from again over this 20-year period bolstered majority crowd and how they came to the point of view of state legislators, this by the American Bar Association in a power in 1995. The election in 1994 said rhetoric belies the reality of an accelerating letter dated July 1, 1998. that Contract sounds pretty good, and

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7532 CONGRESSIONAL RECORD — SENATE July 7, 1998 one of the big things about that Con- They have a statute of repose in here Tokyo, Japan. The same is true for all tract was regulation, regulation, regu- for the individual but not for the busi- of these Torrington and other indus- lation. They wanted to diminish regu- ness, so the individual injured is barred tries. They are in the context of manu- lation. Well, heavens above, as they by the statute of repose, but the busi- facture. said in the American Bar Association ness he is working for, they can sue for I said do you have any problem here letter, you have two bills expressly the particular product and get a ver- with product liability? They almost— eliminating a product seller’s liability dict. I never heard of a more selfish in- well, at Bosch they got insulted. ‘‘What and thereby coming and taking the strument than that presented here, do you mean, product liability?’’ They Uniform Commercial Code and stand- just crassly selfish, trying to do away went over there and showed me the ing it on its head. with trial by juries, the States and antilock brake that they got a con- So we surgically are running into the lawyers. Pell-mell, in a rush, this body tract for from Mercedes, Toyota, and Uniform Commercial Code, tried and now just writes in such things. all of General Motors. They said, ‘‘Here true at the State level, and you have And what about tobacco? Here we is a number. We know it immediately. the most complex regulatory mess you have been debating for a month one of We never have had product liability. have ever seen. All in the attempt to the most injurious products that every- We practice safety, Senator.’’ As if I diminish litigation, they compound it. body agrees upon. Do you know what? had insulted them with the question. Oh, yes, all in essence to protect the This bill says exempt tobacco. The un- We have a result from these wonder- 10th amendment. mitigated gall of the White House and ful trial lawyers that nobody wants to The first vote we had was the par- these authors that write this thing—it talk about. We have the safest society ticular vote with respect to unfunded is just unforgivable to come forth here, in the entire world. Let’s talk about mandates upon the States, and what- now, after 4 weeks and everybody competitiveness. We have Europe. The have-you. And here is an unfunded charged up, we are going to do some- Pacific Rim—economically, competi- mandate, constitutional mandate, if thing about the victims of tobacco; tively on the ropes. And here they want you please, because they don’t give a how it is habit-forming and everything to put in a bill to compete with Japan, Federal cause of action. They come else of that kind, so many deaths, more and Japan is coming here and saying with an unfunded mandate on the than heart attacks, more than cancer, we love it in America. The other States States and say we know best up here in more than all the rest, the injury—the have always had Japanese plants com- the Congress in the light of the most unmitigated gall to come and have a ing. I have yet to have one of them say dynamic economy we have ever seen. product liability that exempts tobacco. I can’t come because of your product li- Where is Mr. Greenspan’s statement. You would never get my name on such ability and the litigation explosion and Federal Reserve Board Chairman Alan a charade, a political farce as this, all all, torts. What is all these silly expres- Greenspan offered a decidedly upbeat assess- in the name of the political poll. Kill sions they have here in these pre- ment of the Nation’s economic health yester- all the lawyers, that is right. Just kill day— ambles? Here is what they have been all the lawyers. So we really got it. referring to ever since last year: that This is dated June 11— Small businesses are not asking for the civil justice system is overcrowded, pronouncing the current expansion ‘‘as im- it. The States are not asking for it. sluggish, and costly. pressive as any I have witnessed in nearly They are trying to force Federal law half a century of daily operation.’’ Mr. President, what is the actual upon the States over their objections. I fact? The National Center for State Where is the small business response? was just amazed when the distin- Let’s get the rebound. This is another Courts, on State civil filings, their guished Senator from West Virginia most recent statistics show that prod- quote. started talking about competition with ‘‘The rebound in the optimism index, cou- uct liability cases constitute only 4 Japan. I cannot keep them out of my percent of all State tort filings, and a pled with other national economic indica- State. They are running all over me. mere 36⁄100 of 1 percent of all civil cases. tors, suggests economic growth for this year We just broke ground for Honda at will be a lot closer to last year’s level than Explosion? Come on. Where is the sup- many have predicted,’’ said National Federa- Timmonsville. We just broke ground port? They just use this language tion of Independent Business Foundation for another division of Fuji photo- around here that the distinguished Chief Economist William Dunkelberg. graphic equipment and the little speed Senator from Washington put in, these Far from worrying the expansion has just cameras. They make 60,000 a day. This preambles here, ‘‘excessive, unpredict- about played itself out, more and more small is the fourth increment of Fuji, a $1 business owners feel the best is yet to come. able and often arbitrary damage billion investment there. There are 58 awards.’’ Dunkelberg noted that, ‘‘Small busi- Japanese plants, 100 German plants— What does the Justice Department ness capital investment remains excep- foreign competition? They are buying say here? In a recent report, they vali- tionally strong.’’ us up. Yet they find out we cannot date all the studies and the witnesses On and on, on and on, Mr. President. compete with the foreigners. who appeared before our committees, There is no foundation for claims that I make a habit of visiting these in- and said, ‘‘Juries nationwide have be- trial lawyers are undermining small dustries. We shake hands, of course, come much tougher on plaintiffs.’’ Ac- business entrepreneurs. That is why I with all, if they will allow us in the cording to the Department of Justice say this is a political farce responding plant. I went through the GE plant. to the political poll. It is not respond- Incidentally, they think we are noth- report, ‘‘Plaintiffs prevailed in only 27 ing to the needs of small business. It is ing but textiles. Tell them keep on percent of the product liability cases not responding to the needs of the thinking. We lost, since NAFTA, 24,000 that were filed in Federal court be- States, their inability to handle prod- textile and apparel jobs in South Caro- tween 1994 and 1995.’’ uct liability law. It is in response to lina. Little South Carolina lost 24,000 In 1992, Professors James Henderson, the needs of the political poll and the textile and apparel jobs. That is from a supporter of tort reform, and Theo- drive of trying to get rid of trial by the National Bureau of Labor Statis- dore Eisenberg, of Cornell University, jury and lawyers. tics as of the end of April this year. released a study, ‘‘Inside the Quiet They know, in business, they are in And we have had, in May-June, several Revolution in Products Liability,’’ their heyday here, and they are onto a other closings. So that is the April fig- which also found ‘‘notable declines in real binge here, having a wonderful ure by the Bureau of Labor Statistics. the number of product liability cases time—that they can come in now with We were proud of those jobs. We hate filed, as well as significant decreases in this particular Congress ready to do to lose them. But we have these other the size of awards.’’ The study conaway with the income tax—let’s do industries here and they are exporting cludes that: away with the lawyers and trial by like gangbusters. By most measures, product liability has re- jury. Whoopee. They get Gallup at the I was in that GE plant. I would say of turned to where it was at the beginning of White House, and the White House fol- those gas turbines, almost 100 percent the decade. lows the polls too, so they get together are exported. One turbine was ready for The study confirmed Professors Hen- on this jury-built thing that is really delivery at Riyadh, Saudi Arabia; anderson and Eisenberg’s findings in an an embarrassment for a lawyer to read. other one was ready for delivery to earlier study which found:

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7533 A quiet revolution away from extending Chamber of Commerce, my friend, Tom it off for $250,000. That is easy pickings, the boundaries of products liability and to- Donahue. He is a fighter, and I respect easy pickings. ward placing significant limitations on him. Also, the Business Roundtable Let me tell you, Mr. President, this plaintiffs’ rights to recover in tort for prod- and the Conference Board, they seek thing is a dangerous measure, as well uct-related injuries. out the candidates before they even get as a political farce. When they come And then the other preamble about here. out with, for example, punitive dam- all the punitive damages. They say, ‘‘We would like to help ages, I go back to that 1978 case. I re- There is another study. The Amer- you, but are you for tort reform?’’ mind my colleagues of the wonderful ican Bar Foundation conducted a na- ‘‘Of course.’’ result of punitive damages. tionwide study overseen by Dr. Steven With respect to the general expres- In 1978, Mr. Mark Robinson in San Daniels of 25,000 civil jury awards, and sion ‘‘tort reform’’ and ‘‘torts’’— Diego brought the Pinto case against it found that punitive damages were ‘‘Yeah, yeah, yeah, I’m for tort re- Ford Motor Co. The verdict—the Pre- only awarded in 4.9 percent of the cases form.’’ So you see them marching like siding Officer is a good trial lawyer— reviewed. Can you imagine that, only sheep up to the voting table down in the verdict, I think, was $3.5 million 4.9 percent? the well voting, by gosh, to stop debate actual damages and $125 million puni- He stated that the debate over puni- on one of the most heinous bills that tive damages. tive damages ‘‘changed in the eighties has ever been presented in the U.S. Now, Mr. Robinson had not been able as the part of an intense, well-orga- Senate, because politically they re- to collect a red cent of that $125 mil- nized and well-financed political cam- member their campaigns and politi- lion, but, boy, oh, boy, hasn’t that paign by interest groups seeking funda- cally they were asked and politically brought safety practices galore, saving mental reforms in the civil justice sys- they answered, ‘‘Yes, I’m for reform,’’ lives, saving injury galore over the tem benefiting themselves.’’ and they know that if they don’t vote past 20 years. Did you hear that?—A ‘‘political that way, some opponent is going to They had a recall; it was on the radio campaign by interest groups.’’ come and say, ‘‘Here is what you said this morning; Ford Motor just re- Then the American Bar Foundation and then flip-flopped.’’ called—I know they recalled about 1.5 went on to state that this They didn’t even know the facts of million about 2 months ago because the ‘‘politicization of the punitive damages the case. In essence, the jury is fixed. wheels were coming off, but they had debate makes the debate more emo- The jury is fixed, Mr. President, before another recall, here, of how many vehi- tional and manipulative and less rea- I can get to them, before the National cles involved in this—another 11,200 re- soned. The reformers appeal to emo- Conference of State Legislatures can called yesterday. I remember Chrysler, tions, fear and anxiety in this political get to them, before the American Bar at the end of the year, recalled 1.5 mil- effort, while avoiding reason and ra- Association can get to them, before the lion hatchbacks. We will get in the de- tional discourse.’’ Supreme Court citing the most exhaus- bate the National Safety Transpor- He concluded that punitive damages tive study on punitive damages can get tation Administration’s statistical re- were not routinely awarded, were to them. calls, but recall upon recall upon recall awarded in modest amounts, were There are no facts to support this didn’t impoverish the businesses but it awarded more often in financial and particular initiative. This is just jerry- sure made safer this society in which property harm cases than in product li- built from the word go. They say, we live. ability cases, which, of course, is like ‘‘Let’s remove the seller from strict li- I came when we were talking about Pennzoil suing Texaco with a $12 bil- ability on toxic’’—by the way, they toxic fumes of the Love Canal up there lion award in Texas, which was more have some very dangerous language in in Buffalo, NY. We put in the Environ- than all the oil product liability ver- here, because some of the lawyers mental Protection Agency, the impact dicts given cumulatively since the be- know how to word this language to get statements, and they are a matter of ginning of product liability law. Just rid of the Dalkon Shield cases. habit now. We look environmentally, add them all up, and you will never get Let me quote this particular finding: and we have the dump costs and every- to $12 billion. But there it goes from thing else that has to take care of in The difficulty in using the toxic nature of the American Bar on down. this Congress, I hope before we leave. I think there was one particular a product as a means of statutorily differen- tiating between products covered by the But it has been a wonderful result, so study that showed there were only 350 statute of repose is highlighted by the fol- that environmentally we know now punitive damage awards. I want to find lowing scenario that occurred in an asbestos that we are not inhaling the fumes and out the exact period of time. This is case brought against Owens-Corning Fiber- otherwise on account of the Environ- Professor Rustid of the Suffolk Univer- glas Corp. In their opening statement, the mental Protection Agency. sity Law School and Professor Thomas Owens-Corning Fiberglas Corp.’s counsel pro- We then had the little babies burning Kearney of Northeastern University. nounced that their product, Kaylo [K-A-Y-L- up in the cribs—flammable blankets. O, Kaylo] an insulation product containing The Supreme Court recently referred Since my time, we have instituted a to this report. This is our U.S. Su- 1.5 percent amosite and chrysotile [C-H-R-Y- S-O-T-I-L-E] asbestos was not toxic. OC’s Consumer Product Safety Commission. preme Court: counsel relied on the 1964 article in the Jour- At one time, J.C. Penney’s took me up The most exhaustive study of punitive nal of the American Medical Association to their safety lab in New York and damages... that stated that asbestos was not considered showed how, not just blankets, but Professors Rustid and Kearney re- toxic because it does not produce systemic toys and the various products that viewed all product liability awards poisoning. they sold, they were testing in this from 1965 to 1990 in both State and Fed- I can tell you right now, that is try- particular lab to make sure, so they eral courts. During that time, punitive ing to get rid of the asbestosis cases put in safety ahead of giving it to the damages were awarded in only 355 cases and the Dalkon Shield cases, when seller and otherwise. So we got the —355 cases. That is what we find, as a they give to women $250,000 for the Consumer Product Safety Commission. matter of Federal interest, to violate stay-at-home mom. Where have I heard And right to tobacco. Of course, they the tenth amendment, to violate the that expression, the ‘‘stay-at-home haven’t won a class action. That was Republican contract of trying to get mom’’? Oh, they were so disturbed on an individual suit down in Florida; all Government back to the people, trying tobacco for the stay-at-home mom who the rest have been turned aside. So to preserve and not have unfunded doesn’t economically win anything. I when they whine on the floor of the mandates upon the States. never heard of the husband paying the U.S. Senate, ‘‘Why could you give this We can go on and on, Mr. President. wife a salary. Maybe that happens particular industry immunity from li- But what really has happened—and it somewhere else. It doesn’t happen in ability? Why are we doing this?’’—be- is why this Senator is somewhat dis- South Carolina, I can tell you that. cause the jurors of America have given armed because I have seen it occur over So there is no economic loss. You can them, time and time and time again, the past 20 years—Mr. Victor Schwartz come in with a Dalkon Shield case, be immunity. They say, look, the Con- with the National Association of Manu- injured for life, never be able to repro- gress, in its wisdom, has required facturers has buddied up now with the duce, never have that family, and buy ‘‘smoking is dangerous to your health’’

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7534 CONGRESSIONAL RECORD — SENATE July 7, 1998 notification on every one of those came a multimillionaire when a Man- Americans or rapacious trial lawyers. packs of cigarettes. It is your assump- hattan jury awarded him $4.3 million Productivity or litigation. tion of risk. You could have stopped. for being shot as he fled from the scene I’ll side with working Americans, not More people have stopped smoking of a crime. A Bronx jury gave $500,000 fat-cat trial lawyers, and I hope the than have started smoking in America to a woman who broke her toe in a pot- Senate will invoke cloture on this this minute. hole. Another Bronx jury awarded $6 landmark bill. So the jurors, in their wisdom—but, million to the family of a drunk who I yield the floor and I suggest the ab- oh, no, they want to exempt tobacco on fell in front of a subway train after the sence of a quorum. the one hand here, and the cases jury found the drunk wholly without The PRESIDING OFFICER (Mr. SES- brought by the attorneys general and fault. Another jury in a medical mal- SIONS). The clerk will call the roll. the trial lawyers have done more to practice case awarded $27 million to an The assistant legislative clerk pro- save people from cancer than Dr. Koop injured patient and another $6 million ceeded to call the roll. and Dr. Kessler and the American Can- to the members of his family—even Mr. BROWNBACK. Mr. President, I cer Society for the last 30 years that I though they hadn’t even sued. ask unanimous consent that the order have been up here. They really have Mr. President, let me return to the for the quorum call be rescinded. gotten us aware, and more people have subject at hand, which is limited prod- The PRESIDING OFFICER. Without stopped smoking, like I say, than are uct liability reform. The tort system is objection, it is so ordered. smoking this minute in the United really a ‘‘trial lawyer tax’’ that costs Mr. BROWNBACK. Mr. President, I States of America. American consumers more than $132 ask unanimous consent to proceed for a So when we go to the hearings where billion per year. period of up to 15 minutes as in morn- we used to have an ashtray and the This is a 125 percent increase over ing business. room was clouded with smoke and my the past 10 years. In fact, between 1930 The PRESIDING OFFICER. Without distinguished beloved former chair- and 1994, tort costs grew four times objection, it is so ordered. faster than the growth rate of the man, the Senator from Washington, f Senator Magnuson, with that cigar economy. JUVENILE CRIME right there—we don’t have that any- This tort tax costs the average Amer- more. But we don’t have it not on ac- ican consumer $616 per year. The civil Mr. BROWNBACK. Mr. President, count of Dr. Koop and Dr. Kessler but justice system, in effect, deputizes the Today, Senator LIEBERMAN and I will on account of the trial lawyers. They trial lawyers as tax collectors. Fur- host a policy forum entitled ‘‘The ther, because they often sue under a are the ones who got into the records. Young and the Violent: What is Behind contingent fee arrangement, the trial They are the ones bringing the truth the Spread of Juvenile Violence—and lawyers are bounty hunters. What Can Be Done About It?’’ out. They are the ones bringing the They all want to bag the big case— class action suits, bringing about set- The horror of the killings in the trophy case—and raid those ‘‘deep Jonesboro, Arkansas; Paducah, Ken- tlements in Florida, Mississippi, Texas, pockets.’’ and Minnesota, and they continue to tucky; Edinboro, Pennsylvania, Spring- The U.S. tort system is the most ex- field, Oregon; Fayetteville, Tennessee, bring the cases. pensive in the world and costs 2.2 per- They had an orderly process to end among other places, shattered forever cent of gross domestic product. the illusion that ‘‘it can’t happen all litigation and get a sweetheart deal This is a jobs issue, Mr. President, here.’’ The young and the violent are in the interest of society whereby they because tort reform is good for eco- found in small towns as well as big cit- would advertise negatively—we can’t nomic development. The evidence is control their advertising under the clear: when States pass tort reform, ies, and their numbers, as well as their first amendment, but they agreed to productivity increases, and employ- crimes, are growing. it—whereby they would have a look- ment rises. Let me offer a few exam- We will hear today from some of the back provision whereby we could come ples of the ‘‘trial lawyer tax’’ in action. most respected criminologists in the in and control that and fine them if A heart pacemaker costs $18,000; $3,000 nation—as well as those who are work- they didn’t control it. But instead, that of that is the ‘‘trial lawyer tax.’’ A mo- ing to transform their communities case now is temporarily on hold—to- torized wheelchair averages $1,000; $170 and solve their problems locally. Their bacco—and these particular authors of that is the ‘‘trial lawyer tax.’’ A doc- insights on the causes, catalysts and want to make sure that tobacco, the tor’s fee for removing tonsils averages consequences of the spread of juvenile most injurious of products, is exempted $578; $191 of that is the ‘‘trial lawyer crime are helpful in grappling with the from this so-called product liability tax.’’ A two-day maternity stay aver- most important questions of our time, bill. ages $3,367; $500 is the ‘‘trial lawyer namely: why has crime risen and civil- Mr. FAIRCLOTH. Mr. President, I tax.’’ ity declined? How have we failed to civ- rise in strong support of this bill, and These are the costs of the ‘‘trial law- ilize our children? What is happening it is long overdue. In a way, this is a yer tax.’’ Now let’s contrast that with to our national character? tax cut bill, because it will cut the the benefits of product liability reform. Make no mistake, our culture has ‘‘trial lawyer tax’’ often referred to as Before federal legislation was en- changed radically over the past few the ‘‘tort tax.’’ acted, production of single engine air- decades. Since the mid-1960s, violent The ‘‘trial lawyer tax’’ is equivalent craft had fallen 95 percent from the juvenile crime has increased more than to the amount of liability insurance previous highs of the late 1970s. 500 percent. And even though teen vio- that people pay to protect themselves Plants were closed and more than lence has dropped over the past three from trial lawyers. They pay it because 100,000 jobs were lost. In 1986, Cessna years, teen murders have jumped dra- no one is safe anymore. Aircraft Company discontinued produc- matically since even the early 1980s— We’re looking at product liability tion of the single engine aircraft. How- and there is reason to believe that they cases here, but the problem extends far ever, Cessna pledged that it would re- will continue to increase. beyond product liability, and I remain sume production if Congress passed Not only have the rates and number committed to broad civil justice re- product liability legislation to protect of juvenile crimes increased, but they form. the general aviation industry from the have changed in nature as well. Juve- If any Senators think this narrow predatory practices of the trial law- nile crime has grown increasingly pred- bill is sufficient, let me mention a few yers. atory—where teens kill strangers for recent verdicts from the tort capital of When the Congress finally passed the the most trivial of matters—a jacket, the United States, New York City. I am General Aviation Revitalization Act, or a dirty look—or even worse, for convinced that Senators will think Cessna invested $55 million in facilities sport. twice before they put civil justice re- and equipment, and it now employs 650 Moreover, the young and the violent form on the back burner after they people and plans to double that num- are found in rural and suburban areas, hear these horror stories. ber. as well as the inner cities. Gangs and A mugger on the New York City sub- That is the choice, Mr. President, guns are ever more visible in our way who was preying on the elderly be- jobs or lawsuits. Money for working schools. Fistfights begin to seem

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7535 quaint by comparison. Violence that Mr. President, I know that you, as The PRESIDING OFFICER. The Sen- was once unthinkable now fails to the Presiding Officer and a Senator in ate is debating a motion to proceed on shock. In our schools, and across the this body, know full well the problems S. 648. nation, we have, to borrow a phrase that we are facing in this culture and Mr. LEAHY. I thank the Chair. from my colleague Senator MOYNIHAN, in this society, and the increase in the f ‘‘defined deviancy down.’’ violent nature of what is happening JUDICIAL NOMINATIONS This forum seeks answers to the here. We are all troubled and very per- questions of why kids kill, why teen vi- plexed by it. Mr. LEAHY. Mr. President, I noticed olence is on the rise, and what can be What we are hoping with this discus- we were in a quorum call. I was going done about it. Of course, there are no sion and policy forum that Senator to mention a situation that we have easy answers. But there are a lot of LIEBERMAN and I have today is that we today that we may want to think about contributing factors. will be able to begin the national dia- as we consider moving to proceed. To- Perhaps the single most important log—actually not only begin but con- night much of America is going to ob- factor is the continued breakdown of tinue the national dialog—about what serve a midsummer tradition, the the American family. Today, almost a each of us can do now to become a major league baseball All-Star Game. third of all children are born out of more civilized country to stop the vio- A number of teams are having out- wedlock. Around half of all children lence from growing. standing seasons, including the New will live in a broken home before they Abe Lincoln made a point that the York Yankees, Atlanta Braves and San turn 18. Tens of millions of little boys United States frequently is a nation Diego Padres. Adding special interest and girls will grow up without a loving that moves to a common thought. I to this season is the possibility that and committed father. think today we have decided we have the single-season records for home runs There are other cultural warning focused in on saying this is a major and runs batted in may be broken. signs. Popular entertainment con- problem. Youth violence is a major Now, when Roger Maris and Mickey tinues to glamorize violence. Movies problem. What can each of us in our in- Mantle were chasing the home run and computer games grow ever more dividual capacities and our capacities record in 1961, they finished the first gory and grisly. Chart-topping songs in this body, or in other places—in our half of the season at 33 and 28 homers, feature lyrics celebrating torture, rape, communities and homes, in our church- respectively. At this year’s All-Star and murder. es and synagogues—do to solve this break, Mark McGwire already has 37 Glorifying violence in popular enter- problem? homers, Ken Griffey, Jr., 35, and tainment—whether it be music, or That is what we are going to focus on Sammy Sosa 33, as they head toward movies, or video games—is dangerous. today—some of the individual solutions Maris’ record of 61. It is dangerous because a society that that have taken place, what are appro- Some may recall from baseball his- glorifies violence will grow more vio- priate governmental policies. But, tory what Babe Ruth said when he was lent. more importantly, let’s get to the com- asked about his $80,000 contract for We had a hearing recently on the mon thought on how to start solving 1930—it was 10 years before I was issue of music lyrics. One person made this growing problem in America. born—and at the time it was the high- the point along this line and said that I invite my colleagues to tune in to est salary ever agreed to be paid to a if John Philip Sousa’s music makes us this policy forum that we will have baseball player. In a response to a re- feel patriotic, and if other music, like starting today at 2:30. I hope some of porter’s comment that he was earning Frank Sinatra’s, makes us feel roman- them will be willing to join us and fol- more money than the President of the tic, what does music that is violent low the subsequent proceedings as we United States, the Babe remarked, make us feel? If it is hateful, if it is pick up this debate and try to carry it ‘‘Why not? I had a better year than he anti-women, if it is oriented towards on forward. did.’’ death and destruction, we think that is Mr. President, I yield the floor. I sug- So, too, when the American people going to make us feel that way—that gest the absence of a quorum. consider how the Senate is meeting its music will just wrap around your soul The PRESIDING OFFICER. The responsibilities with respect to judicial and cause some distortions to take clerk will call the roll. vacancies, we are going to have to con- place. The assistant legislative clerk pro- clude that Mark McGwire is having a But most importantly, this discus- ceeded to call the roll. better year than the Senate. In light of sion will focus on ways to prevent, cur- Mr. ROCKEFELLER. Mr. President, I the All-Star Game being played to- tail, and combat teen violence—wheth- ask unanimous consent that the order night, let us compare the Senate’s pace er on the Congressional, state, local, or for the quorum call be rescinded. in confirming much-needed Federal societal level. The PRESIDING OFFICER. Without judges to Mark McGwire’s home run I hope that we will gain insight not objection, it is so ordered. pace. The Senate got off to an early only on the proper government policies Mr. ROCKEFELLER. Mr. President, I lead this year. From January through to deter and combat crime, but also on ask unanimous consent that the ses- the end of April, the Senate confirmed non-governmental initiatives—includ- sion be put into recess until after the 22 judges. The Senate’s pace, though, ing those by churches, faith-based or- caucuses. slowed in May. We have not been able ganizations, and charities—that have The PRESIDING OFFICER. Is there to generate any real momentum reached out to troubled youth, and suc- objection to that request? through the spring and early summer. ceeded where government has failed. Mr. BROWNBACK. I object to that. The number of Federal judges con- One of the great things about our na- The PRESIDING OFFICER. Objec- firmed all year is only 33. tion is that for each of our problems, tion is heard. Of course, the Senate’s early lead on there are people who are living and Mr. ROCKEFELLER. I withdraw the McGwire started to vanish once the working the solution. In churches, request. baseball season started on March 31, youth groups, schools, charities, and Mr. President, I suggest the absence which happens to be my birthday. It families across the nation, miracles are of a quorum. took ‘‘Big Mac’’ only 10 weeks to every day taking place. These groups The PRESIDING OFFICER. The match the Senate’s total. By June 8 he show what is possible by what is ac- clerk will call the roll. had caught and passed the Senate’s tual—that is, their real-life success The legislative clerk proceeded to total and he has been looking back at stories should inspire us with the possi- call the roll. us ever since. McGwire is on a pace to bilities. Mr. LEAHY. Mr. President, I ask shatter Maris’ record and total 70 home We in Congress need to enact wise unanimous consent that the order for runs in a single season. and prudent crime-fighting policies. the quorum call be rescinded. You can see on my chart: July— But we also need to allow these small, The PRESIDING OFFICER. Without judges confirmed by the Senate, 33; often faith-based groups to touch the objection, it is so ordered. McGwire’s home runs, 37; October pro- souls and transform the lives of those Mr. LEAHY. Mr. President, what is jections—for the Senate only 51; but in need. the parliamentary situation? for McGwire, 70.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7536 CONGRESSIONAL RECORD — SENATE July 7, 1998 Unfortunately, the Senate is nowhere We have held only seven judicial keep hitting foul balls. Let the Senate near a record pace. As recently as nomination hearings all year. I recall hit a home run now and then. It would 1994—coincidentally, the last year in in 1994, the most recent year in which be a home run for the American people which the Senate majority was Demo- the Democrats constituted the major- if the Senate stopped holding the Fed- crats—the Senate confirmed 101 judges. ity, the Judiciary Committee held 25 eral judiciary hostage. We should help It has taken the Republican Senate judicial confirmation hearings, includ- fill these vacancies. Let’s do it. three years to reach the century mark ing hearings to confirm a Supreme We have 45 judicial nominations and to do what a Democratic Senate Court Justice, which automatically pending, some of whom were first re- was able to achieve in a single session. take far, far more time than others. ceived over three years ago. There are As Chief Justice Rehnquist—and I That is 25 hearings as compared with currently nine qualified nominees on have no idea if like Justice Blackmun, seven. the Senate calendar who have been re- he is a baseball fan or not—but he cor- They had no vacancy on the Supreme ported favorably by the Judiciary Com- rectly observed: ‘‘The Senate con- Court this year, but nine of the current mittee. firmed only 17 judges in 1996 and 36 in nominees for the courts of appeals need In addition, there are 36 nominees 1997, well under the 101 judges it con- their hearings and they need them pending before the Judiciary Com- firmed in 1994.’’ promptly. We have 25 currently pend- mittee and more nominees are being This chart also shows you where the ing nominees to the district courts, received from the President every Senate is today as compared to our and only one of those is less than 30 week. I hope that the Committee will total of judges confirmed in 1994, when days old. schedule prompt hearings for each of we had confirmed 44 judges in July on We should not tolerate upwards of 73 the judicial nominees currently pend- our way to 101 confirmations. That out vacancies in the Federal courts, with ing in Committee and for the nominees paced even Mark McGwire. Here again more on the horizon. Almost one in 10 we expect to be receiving over the next are our October projections: Judges judgeships remains unfilled, and from several weeks so that they may have confirmed at the current pace, prob- the looks of things, they are going to an opportunity to be considered by the ably around 51. I think Mark McGwire remain unfilled into the future. The Committee and confirmed by the Sen- is on a pace to get 70. And, of course, Judiciary Committee needs to do a bet- ate. the Congress, when last controlled by ter job, and the Senate needs to pro- At the conclusion of the debate on the nomination of Merrick Garland to the Democrats confirmed 101. ceed more promptly and to consider the United States Court of Appeals for I hope that some think about this nominees reported to it. when we are watching the All-Star The nomination held the longest on the District of Columbia, as 23 Repub- Game tonight. Would not the Senate be the Senate calendar is Judge Sonia licans were preparing to vote against more productive if we could do just a Sotomayor for a critical vacancy in the that exceptionally well-qualified nomi- little more and get a bit closer to the Second Circuit. I have already men- nee whose confirmation had been delayed 18 months, Senator HATCH said pace being set by some of our favorite tioned that in that circuit, which is my ‘‘playing politics with judges is unfair, baseball players? We are supposed to be own, the Chief Judge has declared an and I am sick of it.’’ I agree with him. the stars of the legislative firmament, emergency situation. Chief Judge Win- I look forward to a return to the days but we certainly aren’t All-Stars when ter recently issued his annual report in it comes to this. when judicial nominations are treated which he notes that the court now has We began this year with the criticism with the respect and attention that the greatest backlog it ever had. of the Chief Justice of the U.S. Su- they deserve. Ironically, it was Judge Sotomayor preme Court ringing in our ears: ‘‘Va- I calculate that the average number who issued a key decision in 1995 that cancies cannot remain at such high of days for those few lucky nominees brought an end to the work stoppage in levels indefinitely without eroding the who are finally confirmed is continuing major league baseball. How wonderful quality of justice that traditionally to escalate. In 1994 and 1995 judicial it would be if today, at the time of this has been associated with the federal ju- nominees took on average 86 or 87 days year’s All-Star Game, the Senate diciary.’’ from nomination to confirmation. In Both the Second Circuit and the would end its work stoppage with re- 1996, that number rose to a record 183 Ninth Circuit have had to cancel hear- spect to her nomination and proceed to days on average. Some would discount ings over the past couple of years due consider and confirm her. that number because it was a presi- to judicial vacancies. Chief Judge Win- This brings me back to the All-Star dential election year, but even they ter of the Second Circuit has had to de- Game, Mr. President. We will applaud cannot ignore that it shattered the pre- clare a circuit emergency and to pro- these outstanding players and we will vious record. ceed with only one circuit judge on cheer the baseball teams represented. Last year, the average number of their three-judge panels. As a New Englander, I historically ap- days from nomination to confirmation In response to the criticism of the plaud the Red Sox, no matter how they rose dramatically yet again, and this Chief Justice, the Republican leader- do—although they had a pretty good in the first year of a presidential term. ship has argued that the Senate is on a first half. Every one of us has favorite From initial nomination to confirma- steady course and making steady players and teams. We stick with them tion, the average time it took for Sen- progress. So was the Titanic as it head- even when they fall behind. But none of ate action on the 36 judges confirmed ed towards the icebergs. It was only in these teams has fallen as far behind in 1997 broke the 200-day barrier for the the last 9 weeks of the last session that where they should be as the U.S. Sen- first time in our history. It was 212 the Senate achieved any real progress. ate has, none has been so dis- days. Unfortunately, that time is still In that period, in conjunction with the appointing. growing and the average is still rising President’s national radio address on Let us try harder. Let us try to con- to the detriment of the administration the crisis, the Senate confirmed 27 firm at least as many judges as Mark of justice. The average time from nom- judges in 9 weeks. McGwire is going to hit home runs. If ination to confirmation is now over 260 I began this year challenging the we do not want to use the Constitution days. That is three times the time it Senate to maintain that pace. Instead, as an inspiration, if we do not want to took before this partisan slowdown we confirmed only 33 judicial nominees use judicial vacancies and the harm began in earnest. in 18 weeks in session instead of the 54 they cause as an inspiration, if we do The Chief Justice of the United we would have confirmed if we had not want to use the potential collapse States Supreme Court has called the maintained last year’s pace. of the Federal judicial system as an in- number of judicial vacancies ‘‘the most I have reissued my challenge for the spiration, maybe some can take inspi- immediate problem we face in the fed- last 10 weeks in session, which are all ration from America’s pastime and say, eral judiciary.’’ that remain to the Senate this entire ‘‘If Mark McGwire can do it, so can the I have urged those who have been year. We can confirm another 30 nomi- U.S. Senate.’’ stalling the consideration of the Presi- nees by the end of the session if the We have not yet, but hope springs dent’s judicial nominations to recon- Senate will work at the pace it eternal. Let us take his effort and com- sider and work to fulfil this constitu- achieved at the end of last year. mitment as inspiration. Let us not tional responsibility. Those who delay

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7537 or prevent the filling of these vacan- process are creating such strains with- able unemployment rate of under 5 per- cies must understand that they are de- in the federal courts. cent. laying or preventing the administra- Presidents Reagan and Bush were This was not a statement of adminis- tion of justice. Courts cannot try cases, able to appoint 579 federal judges, in- tration position or even a policy state- incarcerate the guilty or resolve civil cluding 291 confirmed by a Democratic ment but a poorly designed press re- disputes without judges. Senate from 1987 through 1992. In the lease that included an ill-conceived. The Republican Senate leadership last two years of the Bush administra- Job vacancy rates and unemployment seems to be operating under several tion, 1991 and 1992, a Democratic Sen- rates are not comparable. Judicial va- false assumptions. As recently as June ate held 30 hearings and confirmed 124 cancy rates have significance beyond 22, they have stated that there is no judges nominated by a President of the general unemployment statistics. problem with the scores of long- other party, with 66 coming in 1992, a When I learned that some Repub- standing judicial vacancies because the presidential election year. licans had for partisan purposes seized federal judiciary has 767 active judges, When Republicans note that Presi- upon this press release, taken it out of which are more than the number of ac- dent Clinton has appointed 273 federal context, ignored what the press release tive judges sitting during the Reagan judges over the past six years, they in- actually said and were manipulating it and Bush administrations. variably fail to mention that 129 of into a misstatement of Clinton admin- Unfortunately, their statement fails these nominees were confirmed by a istration policy, I asked the Attorney to consider the enormous growth in the Democratic Senate in 1993 and 1994. General, in 1997, whether there was any workload of the federal courts over the Over the past four years, Republican level or percentage of judicial vacan- last two decades. The federal judi- have confirmed a total of fewer than cies that the administration considered ciary’s workload was at least 60 per- 145 federal judges, during a time in acceptable or equal to ‘‘full employ- cent lower than it is today when the which the judicial vacancy rate has ment.’’ Reagan-Bush administrations took of- continued to hover between 70 and 110 The Department responded: fice. The federal court’s criminal dock- longstanding vacancies and the work- There is no level or percentage of vacan- et alone is up from 28,921 cases in 1980 load of federal courts continues to cies that justifies a slow down in the Senate to 50,363 last year. That is an increase grow. on the confirmation of nominees for judicial of over 70 percent in the criminal case So unlike other periods in which ju- positions. While the Department did once, in filings in the federal courts. dicial vacancies could be attributed to the fall of 1994, characterize a 4.7 percent va- Moreover, if the Republicans have newly-created judgeships, during the cancy rate in the federal judiciary as the their way, this Congress will add more past four years the vacancies crisis has equivalent of the Department of Labor ‘full employment’ standard, that characterization and more cases to the federal courts’ been created by the Senate’s failure to was intended simply to emphasize the hard workload. Among their priorities are a move quickly to consider nominees to work and productivity of the Administration products liability bill, a so-called longstanding vacancies. and the Senate in reducing the extraordinary ‘‘takings’’ bill and a version of a juve- Republicans also suggest that main- number of vacancies in the federal Article III nile crime bill that each federalizes taining as many as 60 vacancies is ‘‘vir- judiciary in 1993 and 1994. Of course, there is huge portions of what have tradition- tually full employment’’ on the federal a certain small vacancy rate, due to retire- ally been cases handled through state bench. I disagree. In the early and mid- ments and deaths and the time required by courts. 1980’s, vacancies were between 25 and 34 the appointment process, that will always In recognition of the growing federal at the beginning of each session of Con- exist. The current vacancy rate is 11.3 percent. It did reach 12 percent this past sum- court workload, Congress authorized gress. By the fall of 1983, the vacancies mer. The President and the Senate should an additional 85 authorized judgeships for the entire federal judiciary had continually be working diligently to fill va- back in 1984. The vacancies were then been reduced to only 16. cancies as they arise, and should always filed without delay by Congress, in- With attrition and the 85 new judge- strive to reach 100 percent capacity for the cluding the 100th Congress in which ships created in 1984, vacancies reached federal bench. there was a Democratic majority. In- 123 at the beginning of President Rea- At no time has the Clinton adminis- deed, in 1987 and 1988, the last two gan’s second term, but those vacancies tration stated that it believes that 60 years of the Reagan administration, a were reduced to only 33 within two vacancies on the federal bench is ac- Democratic Senate confirmed 96 years, by the fall of 1986. A Democratic ceptable or a virtually full federal judges, leaving only 23 vacancies at the Senate in 1987 and 1988 reduced the va- bench. Only Republicans have ex- end of that Congress. cancies still further to only 23 at the pressed that opinion. As the Depart- In 1990, a Democratic Congress cre- end of the 100th Congress. ment noted last year, the Senate ated 85 additional judgeships during It was not until the additional judges should be ‘‘working diligently to fill the Bush administration. That brought were created in 1990 that the next sig- vacancies as they arise, and should alan anomalous spike in the vacancy nificant spike in vacancies occurred ways strive to reach 100 percent capac- numbers. During the 102nd Congress, in and then, again, the Democratic Sen- ity for the federal bench.’’ 1991 and 1992, the last two years of the ate responsibly set about the task of With respect to the question of va- Bush administration, the Senate Judi- helping fill those vacancies with quali- cancies, it is also important to note ciary Committee under the chairman- fied nominees. Although President that in 1997 the Judiciary Conference of ship of a Democrat, held 30 confirma- Bush was notoriously slow to nomi- the United States requested an addition hearings and the Democratic Sen- nate, the Democratic Senate confirmed tional 53 judgeships be created and the ate confirmed 124 Bush nominees to the 124 nominees in President Bush’s last Republican Congress has refused to federal bench. In fact, in 1992, during two years and cut the vacancies in consider that workload justified re- President Bush’s last year in office a half. quest. My bill to meet that request, Democratic Senate confirmed 66 of his Republicans also contend, erro- S.678, the Federal Judgeship Act of nominations. neously, that the Clinton administra- 1997, has received no attention since I Thus, during the Reagan and Bush tion has stated that 63 vacancies is ac- introduced it over a year ago. Had years, both Democratic and Republican ceptable and ‘‘virtually full employ- those additional judgeships been cre- Senates not only promptly considered ment.’’ They misinterpret a press re- ated, as they were in 1984 and 1990 and confirmed judges but also author- lease from October 1994. That press re- under Republican Presidents, current ized 167 new judgeships in response to lease was pointing out that if the Sen- judicial vacancies would number 123 the increasing workload of the federal ate had proceeded to confirm the 14 and total almost 14 percent of the fed- judiciary. Authorized judgeships have nominees then on the Senate calendar eral judiciary. increased in number by 25 percent since it would have brought the total judges I hope that the Judiciary Committee 1980 while the workload of the federal confirmed during President Clinton’s and the Senate will proceed to consider courts has grown by over 60 percent first two years to over 140 and would and confirm judicial nominees more during the same period. That is why have reduced the judicial vacancy rate promptly and without the months of the prolonged vacancies being perpet- to 4.7 percent, which the press release delay that now accompany so many uated by delays in the confirmation then proceeded to compare to a favor- nominations. I hope the Committee

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7538 CONGRESSIONAL RECORD — SENATE July 7, 1998 will not delay in scheduling the addi- WELLSTONE, Mr. HUTCHINSON, Mr. LEAHY, Mr. ogy—but you have to believe that tional hearings we need to hold to con- KOHL, Mr. WYDEN, Mr. FEINGOLD and Mr. something happens in a microgravity sider the fine men and women whom DURBIN, proposes an amendment numbered situation that you can’t emulate on the President has nominated to fill 3062. earth, and not only is something going these important positions. Mr. BUMPERS. Mr. President, I ask to happen in a microgravity situation, Mr. President, I suggest the absence unanimous consent reading of the but it is going to be good. Again, I will of a quorum. amendment be dispensed with. come back to what the top scientists in The PRESIDING OFFICER. The The PRESIDING OFFICER. Without this country have to say about it. But clerk will call the roll. objection, it is so ordered. right now I will quote Professor The legislative clerk proceeded to The amendment is as follows: Bloembergen, who is a top physicist at call the roll. Strike line 21 on page 76 through line 4 on Harvard University. When he was Mr. GORTON. Mr. President, I ask page 77 and insert the following: President of the American Physical So- ‘‘For termination of the International ciety, which consists of 40,000 physi- unanimous consent that the order for Space Station project, $850,000,000. In addi- the quorum call be rescinded. cists, and, he summed it up when he tion to the other provisions of this Act, said, ‘‘microgravity is of micro impor- The PRESIDING OFFICER. Without $1,000,000,000 shall be available for the Vet- objection, it is so ordered. erans Health Administration Medical Care tance.’’ JOHN GLENN came to the Senate with f account and $450,000,000 shall be available for the Housing Certificate Fund account within me. We developed a warm friendship RECESS the Department of Housing and Urban Devel- the first day we met and we have re- Mr. GORTON. Mr. President, I ask opment’s budget.’’ mained friends. I consider him one of unanimous consent that the Senate Mr. BUMPERS. Mr. President, this my dearest friends, except when I bring now stand in recess under the previous will be the eighth year that I have this amendment up. But Senator order. stood here and debated whether or not GLENN is not going to deny that about There being no objection, the Senate, America should go forward with a all you get out of this is whatever you at 12:29 p.m., recessed until 2:15 p.m.; space station. I didn’t like the idea of can get from microgravity research whereupon, the Senate reassembled the Space Station Freedom, but it was that can be emulated on earth; but when called to order by the Presiding probably a bargain compared to what there is no need to emulate it on earth. You are going to hear all this business Officer (Mr. COATS). the International Space Station is about gallium arsenide crystals, which Mr. LOTT. I suggest the absence of a turning out to be. is ‘‘bunk.’’ Even if you could build quorum. First, I would like to pose a question crystals on the space station, nobody The PRESIDING OFFICER. The to my colleagues: Why is it that we continue to fund a program called the on earth could afford to use them. clerk will call the roll. Well, Mr. President, why are all these International Space Station, when The legislative clerk proceeded to people opposed? Why are the top people every cellular biologist, every medical call the roll. on whom we rely for all of our medical researcher, and every physicist in Mr. BOND. Mr. President, I ask unan- research, cellular research—the top America who isn’t involved in the pro- imous consent that the order for the scientists in America—why are they gram itself is vehemently opposed to quorum call be rescinded. outraged by spending $100 billion on it? These are some of the most brilliant The PRESIDING OFFICER. Without one orbiting space station with a crew people in America. Before we start off objection, it is so ordered. of, at first three people, and subse- f spending $100 billion, we ought to ask quently six or seven people? Why are ourselves, Why are they opposed? Well, DEPARTMENT OF VETERANS AF- they outraged? Well, one reason might for very good reasons, and I will come be that they come up here pleading for FAIRS AND HOUSING AND URBAN back to those in just a minute. DEVELOPMENT, AND INDE- money for honest-to-God research It is a mystery that here in Congress every year, and we give them a few PENDENT AGENCIES APPROPRIA- we talk seriously about a program TIONS ACT, 1999 shekels and off they go to do the best which in the last 3 years has become they can with it. Mr. BOND. I ask unanimous consent almost laughable. If it weren’t so seri- Think about the National Institutes that the Senate now resume consider- ous and the amount of money so enor- of Health getting about $13 billion a ation of the VA–HUD appropriations mous, it would be almost a comedy—a year, and they do research on every- bill. comedy of errors. thing—honest research. They send out The PRESIDING OFFICER. Without The cost began to spiral in 1996— money to every university in the coun- objection, it is so ordered. maybe before that, but that was the try that has a medical school to do re- The clerk will report. first time we really knew it. The Rus- search. Well, if we ever get this thing The legislative clerk read as follows: sians have had space stations up for al- in space, just the annual operating cost A bill (S. 2168) making appropriations for most 30 years. The Mir is the seventh will be enough to fund 6,000 researchers the Department of Veterans Affairs and space station that the Russians have at NIH and universities across America Housing and Urban Development, and for had up since 1971. And what do they for a year. We are going to have six sundry independent agencies, commissions, have to show for it? Absolutely noth- people on the space station doing what corporations, and offices for the fiscal year ing. ending September 30, 1999. the National Research Council esti- In a little while, I will come back and mates to be 24 hours of research each The Senate resumed consideration of quote some of the top Nobel Prize win- day, at a cost at which we could hire the bill. ners, some of the top physicists in 6,000 researchers on earth. Mr. BOND. Mr. President, I think the America, cellular biologists—you name Do you want to hear another one? distinguished Senator from Arkansas is it. I will come back and quote several Once we get it deployed, we are going ready to proceed with an amendment. of them and what they have had to say to leave it in space for 10 years. You The PRESIDING OFFICER. The Sen- about the space station as a research multiply the man-hours by 10 years ator from Arkansas. vehicle. that we are going to get in research, AMENDMENT NO. 3062 Now, you should bear in mind and if you don’t just divide the annual (Purpose: To terminate the Space Station throughout this debate that when you operating costs, which, as I said a mo- and provide additional funding for veterans talk about research on the space sta- ment ago, would produce 6,000 re- and low-income housing) tion, there is only one reason—one rea- searchers on earth, but divide it into Mr. BUMPERS. Mr. President, I send son—you have to believe that the kind the entire $100 billion cost, which is a an amendment to the desk. of research we are going to do, which legitimate thing to do because, after The PRESIDING OFFICER. The NASA says will cure ingrown toenails, all, we are spending $100 billion to put clerk will report. warts, cancer, sties—it will cure every- the space station up and do research— The legislative clerk read as follows: thing—you have to believe that re- whether you are going to build crystals The Senator from Arkansas [Mr. BUMP- search of whatever kind—mostly med- or cure ingrown toenails, it is all re- ERS], for himself, Mr. BRYAN, Mr. ical, and some of it molecular biol- search. But when you do that, the cost

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7539 of each man-hour of research on the 1996, we would have known that some- NASA and said that the $21.3 billion space station is $11.5 million per hour. thing was happening. Precisely what that NASA admitted the station would Now, if that doesn’t stagger people, was happening was, NASA transferred cost in its FY 1999 budget was not what would? Here we starve the Na- $235 billion from other programs within enough. I should have mentioned that tional Institutes of Health, we starve NASA to the space station. They did before. In their budget for 1999 NASA the Food and Drug Administration, we that with the approval of the appro- admitted that the space station was starve the Centers for Disease Control, priate committees of Congress here. I not going to cost $17.4 but, rather, $21.3 and we are embarking on a program assume it was the Commerce and Ap- billion. They wish. that will cost $100 billion, which trans- propriations Committees. But what Jay Chabrow, in whom Dan Goldin lates into $11.5 million for every hour else did they do? They then changed obviously put a great deal of con- of research that will be done on that their accounting system so they could fidence, comes back and says, ‘‘Would thing over a 10-year period. So can you transfer another $100 million over to you believe $24.7 billion?’’ That is a $7.3 see why I raise my voice? I can’t be- the space station. That $300 million billion overrun—43 percent—just to lieve it. It is so patently absurd and didn’t count against the $17.4 billion build it on the ground before we have outrageous. And the ordinary layman that the cost of this thing was sup- put the first piece of hardware in space. in America thinks the space station is posed to be. It didn’t count against the Chabrow went ahead to say you are not a pretty good idea. The Russians did it, $2.1 billion they promised they would going to finish it in the year 2002. It is why shouldn’t we? use every year and not ask for more. going to take 10 to 38 months longer to But let’s go to the original promises. In 1997, guess what. The same song, deploy the space station than you have Mr. President, not only are all of the second verse. In 1997, they transferred been admitted, more likely 2 years. So, scientists in America opposed to it, I $200 million from the shuttle program instead of the year 2003, it is going to will give you another reason that Con- to the space station because they had be finished in late 2005, or early 2006 at gress ought to be opposed to it. It is be- decided that Russia was not going to be best. cause we have just had one broken able to come through with its part of Do you know what those kinds of promise after another from NASA. My the bargain their very first compo- delays mean in a program like this? good friend from Ohio has heard me say nent—building the service module. Billions. If this had been anybody other this many times. Let me get this off They decided they might have to build than somebody like Jay Chabrow, with my conscience right now. I believe in it. So they transferred $200 million the credibility and reputation he has, NASA and I believe in the space pro- from the shuttle program to build what everybody could have swatted it like a gram. I thought the Mars Pathfinder they call an interim control module. fly. But you cannot ignore this pres- Program was wonderful. We sent an un- Then they again transferred $100 mil- tigious commission. Do you know what else? The Chabrow manned rover to Mars, and it took lion from other accounts—mostly sci- Commission went ahead to say this $7.3 magnificent pictures and sent them entific accounts. billion overrun assumes that the Rus- back to earth. It gave us a much, much So we are not going to get as much sians, our big partner in the space sta- better comprehension, for whatever it science as we planned, because they tion, will perform on time. may be worth, of what is on Mars. So I have already taken $100 million of that Mr. President, let’s go to the next want everybody to understand that out, and this $300 million did not count stage, deploying the space station. It is this is not an anti-NASA speech or against the annual $2.1 billion appro- going to take, according to the latest amendment; this is an antispace sta- priations. figures from NASA, about 83 launches Then in a hearing before the Senate tion amendment. to deploy it. That means taking all of Commerce Committee last year—I In September 1993, there was a sol- these parts into space over the period think it was in May—Boeing, the prime emn promise that was made to Con- of the next 63 months, putting them to- gress and, therefore, to the American contractor, and NASA both appeared gether in space, and becoming what we people. This is what a briefing paper on before the Senate Commerce Com- call the International Space Station. NASA’s Web site says: mittee. Boeing said, in a rare admis- When Jay Chabrow’s commission said In September 1993, a program implementa- sion, that it their part of the program the cost overrun is going to be $7.3 bil- tion program called PIP had been developed was going to cost $600 million more lion, he went ahead to say ‘‘if the Rus- in the baseline for the new International than we anticipated. That didn’t in- sians fulfill their part of this bargain.’’ Space Station. The plan was coordinated clude the $600 million that had already with and agreed to by all existing partners. The Russians were scheduled to deploy been transferred by NASA from other the service module—a very important Based on this PIP, NASA reached agreement accounts. NASA said that is true. But with the Clinton administration and with element in the space station—April Congress that the International Space Sta- in that same hearing, they said the fig- 1998. Then it was going to be December tion would be implemented with a flat budg- ure was not going to be $600 million in 1998. Now we are up to April 1999. et of $2.1 billion a year. cost overrun, it would be $817 million. Do you know what those delays do? Let me indelibly ingrain that on your They also said in 1998 that they are They cost billions. brain. NASA said we will do this for going to need still another $430 million Do you know something else? Col- $2.1 billion a year. extra. leagues, let me ask you. Do you think And we will build it. Bear in mind, I mean we are getting bombarded by the Russians can fulfill their part of there are three stages: Building it, de- transfers from other accounts, trans- this program? The Russians, who just ploying it, and operating it. The NASA fers with and without the permission of barely have enough money to get a res- briefing paper goes on to say: Congress, admitted cost overruns of cue team up to the Mir and rescue $817 million on top of that. And we are NASA promised that the program would them, and whose electricity has been remain on schedule and within the annual going to need another $430 million in cut off at their primary cosmodrome at $2.1 billion and the runout $17.4 billion budg- 1998. Baikonur. The electricity has been cut et and that no additional funds will be So, Mr. President, the thing is begin- off because they won’t pay their bills, sought. In exchange the program will be re- ning to sort of roll out of control. And and the reason they don’t pay their quired to redesign and rescope the station. Dan Goldin, Administrator of NASA, bills is that they do not have the A solemn promise of $2.1 billion. But, takes the extra precaution, with, I money. The reason they don’t have the as they say, something happened on think, a little prodding by Congress, to money is that the central government the way to the forum. We are now up to appoint a task force to look into this doesn’t have the money to send to the $98 billion-plus and heading north. whole thing. He made Jay Chabrow, Russian Space Agency. They also promised us that this thing one of the premier space technology The Russians are our partners. I feel would be finished by June of 2002. analysts in America, chairman of what sorry for them. This statement is not Again, something happened on the way is called the Chabrow Commission. intended to condemn the Russians. But to the forum. I will come back to that They were formulated, I think, and ap- to think that we are gambling $100 bil- in just a moment. pointed in September and went to work lion on assuming that the Russians But we should have noticed back in in November. And on April 15, 1998, will provide 49 of the 83 launches it is 1996. If we had been paying attention in they came back to the Congress and to going to take to put this thing in orbit.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7540 CONGRESSIONAL RECORD — SENATE July 7, 1998 We are depending on the Russians to do we first said. In 1996, they said, no, it is grade the classrooms in this country. that? Do you remember when the Vice going to take 1,104 hours of space walk- And we are talking about a $7.3 billion President went over to talk to ing. In 1997, in April, they said, no, it is overrun here. Chernomyrdin and Chernomyrdin told going to take 1,520 hours. And in De- Well, you trust the teacher with your the Vice President not to worry, that cember of 1997, they said, no, it is going child because oftentimes it is a joy to the money is going to be coming? to take 1,729 hours. There is a nice, do it and sometimes because you have The money did not come. The money solid 400-percent increase or, if you to. has not come. choose, a 400-percent mistake. I started off this debate by saying Now, Mr. President, there is one ad- Mr. President, we ought to expect that Congress is arrogating to itself a mission I want to make right now. I something as a return on our invest- knowledge it does not possess as to would tell Daniel Goldin and the ad- ment. We send our children and grand- what kind of research is likely to go on ministration at NASA, forget Russia. I children, our most precious posses- on the space station. If you think it don’t know what it is going to cost for sions, off to school every morning. All can only happen on a space station, or the United States to assume its share of us got teary-eyed as we sent our if you think there is something pecu- of this burden, but whatever it is will children off to school the first time. liar about microgravity that we have be less than waiting for them to per- And incidentally, we sent them for 7 or to do all of this research in a vacuum, form. They cannot perform. It is sad, 8 hours that day to be with a teacher let me read to you, at the expense of and I am sorry, but the Russians are who was going to have almost as much, boring you to tears, a few quotes. not going to be able to hold up their and possibly more, influence on that Here is Dr. Ursula Goodenough, a cell share of the bargain. child than the parents. biologist from the University of Wash- The European Space Agency—I think How many debates have you heard in ington and past president of the Amer- there are 14 countries in the European this Chamber about how the school ican Society for Cell Biology. She Space Agency—is in this, and you are buildings in this country are deterio- wrote to Dan Goldin, the administrator going to hear all these loud laments: rating? And how many debates have of NASA, and said: We can’t quit now; it is an inter- you heard about how we have to lower The frontier of microgravity never did in- national project. the size of the classes? Incidentally, terest first-rate scientists, physical or bio- It is an international project with that is a lot bigger issue. I haven’t had logical. And this is all the more true now the United States putting up $100 bil- any children in school in some time. I that it is clear that nothing of any real in- lion and everybody else putting up $15 have grandchildren, and one of my terest has emerged from the many in-flight billion. The French are members of the daughters-in-law told me the other day studies on the effects of microgravity on this European Space Agency. They have a my grandson was in a class with 34 stu- or that. very clever Space Minister, Claude dents, and that is not extraordinary; John Pike, of the American Federa- Allegre. Do you know what he said? ‘‘It that is fairly common, even though tion of Scientists: is time to get out. This was a mis- every educator will tell you anytime a As soon as the most visible justification take.’’ He went ahead to say, ‘‘People classroom is bigger than 20 students, for piloted space craft becomes science, you often do stupid things. There is no rule the chances of that child getting a de- got BS detectors going off all over America. that says we have to applaud them.’’ cent education go down dramatically. Here is Marcia Smith. Marcia Smith They are in for 27 percent of the Eu- Twenty is the optimum size for class- is with the Congressional Research ropean Space Agency’s share, which is Service and probably knows as much or around $9 billion to $10 billion, and rooms. So we wail endlessly on the floor of the Senate about our commit- more about space than any person in they want out. They do not want to America. She has done a report that is hear all these patriotic songs on the ment to the education of these children, to teachers. That teacher to very current, issued in the month of Senate floor about how this inter- July, that before any Senator votes to national cooperation is just wonderful. whom we send our child off to be with 7, 8 hours a day in my State, his or her continue spending up to $100 billion or They want to save their 27 percent and $150 billion, that Senator ought to get out while the getting is good. And entry level salary is in the $20- to $25,000 range. read. Here is what she said in a publi- as Claude Allegre, the Space Minister, cation in 1995: said, ‘‘I have never seen any research Just as an aside—this doesn’t cost I don’t know of any breakthroughs that that would justify this kind of expendi- anybody anything— if I were President Clinton, I would tell the American peo- have come out of Russian space station pro- ture.’’ grams in terms of new or cheaper-to-produce Mr. President, some studies have ple I hope to raise teacher’s salaries to $50,000 a year. I married a school- materials or scientific discoveries. Mostly, been done which indicate that even if they have learned how to operate a space Russia could perform right on time, teacher, and I can tell you categori- station for longer periods of time. cally it is the roughest, toughest job in out of those 83 launches, 5 of the Rus- Longer periods of time—nothing in America. I would work for the Wash- sian launches could be failures under there about cancer, AIDS, myopia— ington sanitation department before I the best of circumstances—5 of those nothing. They say the Russians have would teach elementary and secondary launches would be failures and 1 United had space stations up for almost 30 education. And we pay tribute to them States launch would be a failure. years, Mir being the last one, and what In addition there will be launch but we don’t pay them money. Around here you hear all of these have they learned? They have learned delays. You have a 5-minute window. how to keep space stations up for Senator GLENN is familiar with all of things. When we were marking the Ag- riculture Appropriations bill, virtually longer periods of time. this. You have a 5-minute window to Here is a quote from Tim Beardsley, every Member of the Senate came to launch those things. If you don’t do it Scientific American. He, in turn, is Senator COCHRAN or me or both saying, in the 5 minutes, Lord knows how long quoting Elliott C. Levinthal, a former please, help me with this little project you have to wait. To assume that 83 program director of the Defense Ad- back home; we just need $400,000 for launches to just get this thing into vanced Research Projects Agency. And this; if we could just get $1.5 million orbit are going to go off without a he says: hitch, without a flaw, is naive and sim- for that. Do you know what Senator Levinthal, who has been a professor of ge- COCHRAN and I were dealing with? A plistic in the extreme. netics and mechanical engineering at Stan- Going back to NASA’s promises, in budget that was $1 billion less than ford University, asserts that no neutral com- 1993, they said that in order to assem- last year, a little over $13 billion for mittee handing out funds for basic research ble this thing in space, it is going to re- the whole Agriculture Department of in biology would support microgravity stud- quire our astronauts to engage in what America. This cost overrun just to ies. they called ‘‘extravehicular activity,’’ build the space station on Earth would James Ferris, Rensselaer Polytechnic space walks for short, and it will take fund 50 percent of the agriculture budg- Institute, June, 1996: 434 man-hours, 434 man-hours of space et. Think what it would do to send Nothing has come out of microgravity re- walking to assemble this thing. children to college. Think what it search to convince me that a material can be In 1995, they said, no, it is going to would do to improve teacher’s salaries. fabricated in orbit that is going to be better take 888, a little over twice as many as We tried to appropriate $5 billion to up- than what you can make on Earth.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7541 Why are we spending $150 billion if We cannot find valid scientific justifica- colleagues for one time to rise above you believe that? tion for these claims and believe it is unreal- the politics of this. Eighty-five percent Here is Dr. James Van Allen. Did you istic to base a decision on funding the space of the money goes to Alabama, Cali- station on that information. . . . Based on ever hear of the Van Allen radiation the information we have seen thus far, we do fornia, and Texas. The rest don’t have belt? One and the same person. not agree that a strong case has been made that much money in your State to war- With the benefit of over three decades in for choosing to do cancer research in space rant voting a bad vote. Anybody who space flight, it is now clear that the conduct over critically needed research [right] here can’t justify a ‘‘no’’ vote on the space of scientific and applicational missions in on Earth. program doesn’t have much business space by human crews is of very limited Mr. President, I will save some of the being here. Maybe you feel strongly value. other quotes. I know it gets a little about it, and I am not going to quarrel He goes on to say: tiresome listening to somebody read on about that, but if you are looking for a For almost all scientific and utilitarian the Senate floor. I get a little wrought- political justification, anybody who purposes a human crew in space is neither up in debating this issue. But you show can’t justify voting to kill that thing necessary nor significantly useful. me somebody who can’t get wrought-up has no business being in the debate on That is pretty powerful stuff from a over an issue and he ought not to be on the floor of the Senate. man like Van Allen, isn’t it—not nec- the floor of the Senate. If you don’t Mr. President, I yield the floor. essary or useful? feel strongly enough about it to get ex- Mr. GLENN addressed the Chair. Here is Dr. Allen Bromley, Presi- cited and agitated about it, maybe you The PRESIDING OFFICER (Mr. dential Science Adviser, March 11, 1991, should not offer it in the first place. KEMPTHORNE). The Senator from Ohio. in a letter to the Vice President: This is my last year in the Senate. Mr. GLENN. Mr. President, I have The space station is needed to find means This is my eighth and last effort to kill listened very carefully to the state- of maintaining human life during long space this program. But this year I am doing ments made by my distinguished col- flights. This is the only scientific justifica- something a little different. Of the $2.3 league from Arkansas, Senator BUMP- tion, in our view, and all future design ef- billion we are talking about putting in ERS. Some of his statements I agree forts should be focused on this one purpose. the program for 1999—I would termi- with, and, obviously, some of them I do That is George Bush’s Vice Presi- nate the space station. It will cost not agree with. One I agree with very dent, Dan Quayle. That is back before roughly $800 million to terminate it. I strongly is, when he and I arrived here AL GORE and Bill Clinton. And Dr. would take $1 billion that is left over together, we became closest friends. He Bromley is writing to the Vice Presi- and put it in veterans medicine. The is one of my best friends, if not the dent, saying bear in mind that the only veterans have been squealing like a pig best friend, I have in the Senate today. scientific justification should be fo- under a gate about how they have been We vote in a very similar fashion on cused on one purpose and that is main- mistreated this year, and they have most things. But every year it seems taining human life during long flights. been mistreated. If anybody in this we lock horns on this particular issue. The American College of Physi- body wants to redeem themselves, here I am sorry that is the case, but I feel as cians—medical doctors. The American is a chance to ingratiate themselves strongly in the other direction with re- College of Physicians: with every veterans organization in gard to the space station as he does on this country, who are totally wired to the other side. We agree that much, if not all, of the the fact that they have been shorted by money slated for the space station, the Let me put this in a little larger con- superconducting super collider, SDI, and for the tune of about $1 billion. text perhaps. Let me start out with the So I will put $1 billion of this in vet- Defense Intelligence could be better spent on big picture of this country and what erans programs. And I will put $450 improving the health of our citizens, stimu- made this country great, because I million into low-rent housing. We are lating economic growth, and reducing the have always believed that there is one deficit. doing a magnificent job during this un- thing that does set this country apart That was in 1992 when people thought precedented era of prosperity; 67 percent of the people in this country own from other nations around the world. the deficit was absolutely out of con- By the very nature of people coming their own homes, or like me, have a trol and so was Congress. And some- to this country in the early days and fighting interest in one. But people times I wonder about Congress today, their expansion across the unknown who are poor and people who work that when I see us appropriating money to territory that we know today as Amer- are poor, 60 percent of them spend over keep this thing going. ica, they exhibited a questing curi- Here is one from the American Phys- 50 percent of their wages on a home, on a house, on rents. osity, a questing spirit that led them ical Society, all the physicists in not only to explore lands and oceans America: The poor people always get the shaft, don’t they? I have always thought they and skies and geography, but also to do The principal scientific mission of the sta- did. If it hadn’t been for the Govern- not just the macro exploration, but the tion is to study the effects on humans of pro- micro exploration in laboratories, longed exposure to a space environment. ment providing me with the GI bill to go to a prestigious law school, I classrooms of our Nation, and express Listen to this: wouldn’t be standing here right now. It our curiosity in learning new things. Medical researchers scoff at claims that was that mean old Government that And that is at the heart of science. The these studies might lead to cures for disease everybody talks about how terrible it heart of science is learning the new and on Earth. is that gave my brother and me a great putting it to use in ways to better our Why, you are going to hear all these education and gave us a fighting lives and understanding of the world things about, ‘‘We don’t know what is chance that we might otherwise not around us—indeed, the universe around up there; we have to go up there and have had. us. find out.’’ We have been going up there People don’t like to admit it, but the This questing spirit is at the heart of for 30 years. We have been in space for truth of the matter is, most people who our history, from those first settlers 30 years. The space station will keep us make it in this world make it because who landed on our rocky shores, to there longer, but we have been there they had a little luck along the way or Lewis and Clark pushing into hostile before. because the Government gave them a lands west of the Mississippi, to Thom- On cancer research—that is one of little hand with an education or a as Edison and the electric light, to the the things you always hear about, can- small business loan or some kind of Wright brothers struggling to break cer research. Everybody deplores and is Government assistance. A lot of them, the bond of gravity, to the past and so frightened of cancer and AIDS and like me, got all three—luck, Govern- present-day pioneers in our country’s other terminal diseases like that. All ment help, and I chose my parents space program. you have to do is throw ‘‘cancer re- well. Everybody doesn’t get that Along the way, there have always search’’ out and you can have all the chance. A lot of people do a miserable been plenty of doubters about our ef- money you want. And here is what Dr. job of choosing their parents, but they forts to explore, to learn the new. David Rosenthal at the Harvard Med- can’t help it. There have always been those who said, ical School said on behalf of the Amer- We can help it. We can do something ‘‘Well, we haven’t solved all of our ican Cancer Society: for the least among us. I call on my problems yet, so we should spend our

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7542 CONGRESSIONAL RECORD — SENATE July 7, 1998 money on the here and now until we do research for one reason, and I can mission they have ever flown. Re- get those answers and never look into give a short answer for that: We do it searchers used state-of-the-art tech- other new areas; don’t waste money on to benefit people right here on Earth niques and technologies to gather in- what might be.’’ and to address those very problems formation about how the nervous sys- There have been plenty of doubters they raise, and that has been true ever tem’s control of various body functions about our efforts to explore the new, since I was involved in the space pro- changes in the microgravity of space and one of the most famous is one I gram many years ago during Project and how gravity influences the devel- have quoted on this floor before, a dis- Mercury, and it is true today. opment of our nervous system right tinguished orator and Senator, Daniel I cannot think of one area of our so- here on Earth—trying to get an insight Webster. ciety, whether it is communications or from the lack of gravity as to how Daniel Webster used to get very im- transportation or medicine, manufac- these whole systems work. passioned. All you have to do is see the turing, agriculture, the environment, A Neurolab lab performed research in desk on the other side of the aisle education—that has not demonstrably the area of our vestibular system, bal- which is always reserved for the senior benefited from our space program. ance; cardiovascular functions; spatial Senator from New Hampshire. That is I know my distinguished colleague orientation and development biology; the only desk in the U.S. Senate that from Arkansas, Senator BUMPERS, will and circadian rhythms. The lay person has a solid top on it. It does not raise. say he is not against the space pro- listening to me recite those might won- It does not have hinges. That is be- gram—and that is true, he is not, he der what all these terms involving re- cause Daniel Webster became so impas- votes for it—that he is just against the search with a bunch of astronauts have sioned on the Senate floor, he used to space station. Yet, the space station, to do with me right here on Earth. bang so hard on the desks during his to my mind, is one of the most pre- That is a good question. But there are speeches, that he broke the tops of the eminent examples of where we stand some very ready answers to that. desks. They finally got so tired of re- the potential of benefits for the future The vestibular system relates to how placing the tops that they put on a beyond anything we can foresee at the the inner ear links to our sense of bal- solid top of additional thickness so he outset right now. That is the nature of ance which is disrupted when the astro- couldn’t break it. That is how impas- basic research. That is the nature of nauts are in microgravity and space. sioned he became about some of the geographical research and exploration The research lab will help to better un- matters in which he believed. or research in laboratories. derstand how balance is disrupted and He rose in the Senate when our Gov- This year, as in years past, we will then restored. Is that of importance ernment was considering buying lands debate what the benefits are of the here? There are 12.5 million Americans west of the Mississippi from Spain and International Space Station. Fortu- right now over the age of 65 who suffer Mexico, lands that now make up more nately, we have continued to fund the from balance disorders just as a pure than half of the area mass of today’s space station. I think it is one of the result of the aging process. In fact, bal- United States. Daniel Webster would greatest cooperative scientific enter- ance disorders affect most people at rise during floor debate to say words to prises in the history of this world—in some point in their lives, and hopefully the effect of these: ‘‘What use can this fact, the greatest. A total of 16 nations this may give us a new approach to area west of the Mississippi be, this have teamed up to launch the most am- those problems. area of cactus and prairie dogs, of bitious technical undertaking known Cardiovascular Functions: Blood blowing sand, mountains of snow, im- to man. The first components will be pressure control is upset in space. penetrable snow to their very base? Mr. launched later this year. As a matter Many astronauts faint or become dizzy President, I will not vote one cent from of fact, the scheduled date is December when they come back to Earth. This the public Treasury to move the Pa- 3 when the first U.S. node will be put ‘‘orthostatic intolerance’’ also affects cific one inch closer to Boston than it up. The Russians will their first com- 500,000 Americans. Neurolab’s research now is.’’ ponent, the Functioning Cargo Block will be helpful in developing treat- We can see in the past we have had on November 20. ments for those who suffer from inad- some of our greatest statesmen who The station will be a laboratory in equate regulation of their blood pres- have taken a rather myopic view of permanent orbit. Much of its research sure. branching out and looking into the new will be a continuation of work cur- Spatial Orientation and Development and unknown. The Wright brothers rently being done on the shuttle, which Biology—that s a big title: Research in faced their skeptics, too. Some people is more limited as a research facility this area examines the development of said at that time that if God wanted us because of several things, including motor skills like walking and manual to fly, God would have made feathers space available inside it, and because dexterity. Findings could be helpful in on us so we could fly. Yet, their curi- of technical considerations and the learning how the nervous system con- osity and persistence led to airplanes length of time it can be in space. That nects to motor development, which and the aviation industry and really is the main one, the length of time could have applications in treating have changed the nature of the world that it can actually stay in orbit. children whose motor development is and commerce and how we do business Let me go into a little bit about retarded by disease or genetic defect, over this Earth. some of this research that I do believe or for people who are seeking to regain I hate to say we face reincarnation of is important. We had a recent set of ex- motor function after a stroke or an ac- some of those skeptics when debating periments called Neurolab in April of cident. our space program. I think people who this year. It was started on the shuttle Sleep and Circadian Rhythms: Astro- take some of these views are just as and will be continued on the space sta- nauts in space have trouble sleeping. misled as Daniel Webster and critics of tion to a greater extent. It will deal So do millions of Americans, especially the Wright brothers were years ago. with probably the greatest single fron- older Americans, and those who work Each year they ask, ‘‘Why do we invest tier, the greatest unknown, the great- night shifts. But trials on Neurolab ex- billions of taxpayers’ dollars for space est area for potential advancement of amine the hormone Melatonin and its exploration and research’’—even anything we could think about, and efficacy as a sleep aid. For those over though it does have a great promise, that is a study of our human brain and 65 in this country, it is estimated which I will go into in a few moments— our nervous system and how they oper- about one-third of those people have ‘‘while we still have other problems ate. It can’t be much more important serious enough sleep problems that it right here on Earth we haven’t solved? than that. That is the part of the really interferes with their lives. So It is not just exploring the West. So human body that is most complex and this may give us a handle on looking why do we put new money into re- least understood by scientists. into some of those problems. search and laboratories when we Neurolab flew this past April car- All of the Neurolab’s research is not haven’t solved the problems on which rying seven astronauts and a whole something NASA just dreams up and we are already working?’’ host of different animals. It is NASA’s says, hey, I think we will put some- You can look at the macro research view that it is the most complex and thing on this flight that might be a or micro research area, either one. We scientifically sophisticated research good idea; it looks pretty cool. We will

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7543 try that next time out and see what we I think that is fascinating. It gets a the ground is already finding wide ap- find out. No, that is not the way it is little technical for discussion on the plication in medical research here on done. All the research has been peer re- Senate floor, again, but for critics to Earth. The bioreactor has the potential viewed and the Neurolab research in- say there is no benefit coming from for changing disease treatment volved collaboration between NASA this research is just not right. These through tissue transplants. and the National Institutes of Health, are very, very promising medical Forthcoming experiments plan to the Office of Naval Research, and some breakthroughs that are coming from grow human pancreatic islet cells in of the world’s leading scientific experts the fact that we can grow protein crys- the bioreactor for possible transplan- in this area. Neurolab will be continued tals in space of far greater purity and tation into diabetic patients. If the upon the space station in a longer and size than we can here on Earth in a coming experiments are successful, di- more sustained way. I think we are one-G environment. only scratching the surface now of The Center for Macromolecular Crys- abetic patients will not need to rely as what will be learned. tallography, in collaboration with a heavily on insulin injections and will Neurolab is not the only research private sector affiliate, has developed have less complications from their dis- being done that has benefits right here several potent inhibitors of viral influ- ease. on Earth. One field of research we have enza. It is anticipated that phase I Another example: Modeling colon talked about on the floor before that I human trials will begin this year. This cancer with bioreactor. Mr. President, find most intriguing and I know this is is an excellent example of the kind of 166,000 cases of colon cancer are diag- denigrated somewhat as being sort of research in our space program that has nosed each year in the United States, esoteric, but it is anything but that. It direct relevance to us here on Earth. and it is one of the leading causes of is very important. That is protein crys- We have 20 to 40 million people every death. Colon cancer tissue grown in a tal growth in space. Most people are year that get the flu, causing some bioreactor develops remarkably similar probably not aware—outside of the 20,000 deaths a year in the U.S. alone. to tumors extracted from humans. medical profession, that is—most peo- This new data on space-grown crystals Studying these tissues outside the ple are probably not aware of the im- has helped unlock a secret to let us human body may allow researchers to portance of protein crystals or proteins treat flu in a different way. That is understand how cancer spreads, as well in our bodies and the fact that in space just one example. as identifying new therapies which there is a big difference. Another benefit from these same may prevent it. Contrary to what was said on the kind of space-grown crystals is trauma floor a few moments ago, there are dif- from open-heart surgery that can lead This bioreactor is a marvelous thing. ferences in microgravity, there are dif- to complications due to massive in- It lets tissues be cultured in the same ferences in ‘‘zero-G’’ as to the kind of flammation of heart tissue. Factor D way they occur in the human body. If research you can do. You can’t do all plays a key role in the biological steps you go into a laboratory and try to do these things on Earth. In space, the that activate the immune response. experiments there, quite often the ex- protein crystals grow to a larger size Being able to block factor D’s effects periment becomes two-dimensional be- and a greater purity than anything you could enable heart-surgery patients to cause it wants to settle to the bottom can do here on Earth because of disrup- recover more rapidly, and data from of the petri dish. A bioreactor in space, tion caused by gravity. Research going space-grown crystals allowed research- with all the right fluids that simulate on now with drug companies is fas- ers to develop inhibitors which specifi- the body, allows growth in a 3-D situa- cinating and it brings a whole new cally block factor D. The industrial tion. They can be studied better so pos- input to medicine, to the thousands of partner for these activities recently re- sible treatments can be put into a cul- different proteins and combinations ceived approval to start human clinical ture that is very similar to what oc- that make up our bodies and literally trials. curs in the human body. stands to transform the way medicine Another example is space crystals in Growing cartilage with the bio- looks at itself and the way we treat the fight on AIDS. A new combination disease and what we can do with regard reactor is another potential applica- of drugs, including protease inhibitors, tion. An application of the bioreactor to immunities by these things we are has proven immensely successful in is culturing cartilage tissue for re- learning from changes in protein crys- treating AIDS. In an ongoing experi- placement and transplantation. Experi- tal growth in space. Some of our lead- ment with DuPont Merck, NASA has ments with the bioreactor indicate it ing drug manufacturers are cooper- crystallized HIV protease enzymes with can successfully culture cartilage tis- ating very, very closely in that par- an inhibitor to support structure-based sue that is quite similar to human car- ticular area. drug design research. This may be a tilage. Let me give an example dealing with successful second generation approach the treatment of flu. The flu remedy is to treat this disease. I use these few examples today just being developed with space-grown crys- A final example: the CMC has deter- to illustrate how relevant this research tals where you can find out how the flu mined the structure of NAD synthe- is to our future on Earth. The inter- bug itself reacts. As far as flu is con- tase, a protein found in all bacteria. national space station will make it cerned, the loss of productivity due to Several leading drug candidates have possible to continue some of the same flu is staggering—with some estimates been developed that have shown posi- experiments for longer periods of time. as high as $20 billion a year that it tive effects against E. coli, salmonella, A longer duration of time is absolutely costs our economy—with the high mu- strep pneumonia and tuberculosis. critical for the success of many of tation rates of the flu virus. New data Think how helpful these discoveries these experiments. from the protein crystals grown in might be. On E. coli alone, we have all space and on Earth appear to unlock In this regard, I quote a friend and become unfortunately aware in the last one of the most respected surgeons in some of the secrets of the flu bug and couple of years of its breakout in taint- this country—as a matter of fact, in reveal its Achilles’ heel. This gets rath- ed meat and the resulting illnesses and the world—Dr. Michael DeBakey, chan- er technical, but the secret lies in a deaths in many children across the cellor and chairman of the department small molecule attached to the host country. cell surface and each flu virus, no mat- Protein crystal growth is only one of surgery, Baylor College of Medicine, ter what strain, must remove this field of research which has already ben- who said: small molecule to escape the host cell efited from access to space. Another The space station is not a luxury any more to spread infection. But using data area of research which shows great po- than a medical research center at Baylor from space and space-grown crystals, tential is advanced cell culture re- College of Medicine is a luxury. Present researchers from the Center for search. Researchers will take advan- technology on the shuttle allows for stays in Macromolecular Crystallography are tage of the weightless environment of space of only about 2 weeks. We do not limit medical researchers to only a few hours in designing drugs to bind with this pro- space to study tissues as they grow and the laboratory and expect cures for cancer. tein’s site. In other words, they lock on develop in three dimensions without We need much longer missions in space—in this site, and this lock and key reduces settling to the bottom of the vessel. months to years—to obtain research results the spread of flu in the body by block- The rotating wall bioreactor, developed that may lead to the development of new ing its escape route. by NASA to mimic this capability on knowledge and breakthroughs.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7544 CONGRESSIONAL RECORD — SENATE July 7, 1998 NASA has already had some 1,000 or home heating surface, the device from Now, let me address these next re- more proposals per year for ground- natural gas burners. Fitted into an off- marks about something that happens based and flight investigations involv- the-shelf home hearting surface, the to all of us. As much as some might ing precursor research for the Inter- device reduces nitrogen oxide emis- wish otherwise, there is no cure for the national Space Station project. Selec- sions by a factor of 10 by increasing ef- common birthday and as we advance in tion of principal investigators and ficiency by 2 percent, and the device years our bodies start to change as we commercial developers is beginning can be readily sized to industrial age. So research of the aging process this year for limited flight opportuni- scales. That kind of experiment will has a direct relevance to all of us. ties starting in 1999, and this popu- continue on the space station. For several years now, NASA and the lation will increase from 650 to 900 Furthermore, the international space National Institute of Aging, which is principal investigators and from 100 to station will continue research into fun- part of the NIH, were working on a 200 industrial affiliates by the time the damental physics. Scientists use low project looking at what happens to as- station assembly is complete. gravity to test fundamental theories of tronauts in space. I have been person- About 650 life and microgravity physics with degrees of accuracy that ally involved with this over the last sciences principal investigators are far exceed the capacity of earthbound several years. I will be flying as a test now participating at over 100 institu- science. Physics and low gravity ex- subject on board the space shuttle Dis- tions of higher learning around the pand our understanding of changes in covery later this year, due to be country, and the number of investiga- the state of matter, including those launched October 29. Let me address tors is expected to grow to over 900 be- changes responsible for high-tempera- how this whole thing came about before assembly is completed. These re- ture superconductivity. cause I think it is of interest and will searchers, in turn, employ about 1,400 Scientists will study gravity’s influ- be of interest to so many Americans graduate students at present, with that ence on the development, the growth that are in their senior years. Back number expected to grow. and the internal processes of plants about 3 years ago, I was looking at What are they looking into? Well, a and animals, and their results will ex- some of the results of what happens to number of different areas, and I won’t pand fundamental knowledge to benefit the human body in space. NASA has be able to go into all of them today. medical, agricultural, and other indus- been able to chart, through the years, Biotechnology with an x-ray diffrac- tries. over 50 changes that occur in the tion system, for instance. Microgravity In that regard, on plant studies, I sat human body in space. Cardiovascular allows researchers to produce superior in a classroom at Houston during some changes, osteoporosis, muscle system protein crystals, which I mentioned a of the training I have been doing there changes, coordination, immune system moment ago, for drug development and just last week. One of the experiments changes—things like that—sleep pat- to grow three-dimensional tissues, in- was explained. We will have growth of tern changes, it seemed to me as I read cluding cancer tumors, for research certain seeds and exactly how they dif- the list as I was getting ready for de- and cartilage for possible transplant. fer in growth patterns in microgravity bate on the Senate floor at that time— Another area that can be looked into was assessed, and the different tissue as we do every year—it seemed to me, on the international space station also that makes up these plant cells will be when I read this list, that there are is in the area of materials science. Re- a subject of study on the flight that I several things that appear to be part of searchers use low gravity to advance will be on in October of this year. We the natural process of aging right here our understanding of the relationships were learning how to go about getting on Earth. I talked to some of the doc- among the structure, the processing those samples, preserve them and bring tors over at NASA, and they said they and the properties of physical mate- them back to earth so they can be noticed some of those things. But we rials. studied here. didn’t have any projects to go ahead re- The long-term benefits: We advance Furthermore, the space station will search these observations. So I went the understanding of processes for be a unique platform from which to ob- out and talked to the people at the Na- manufacturing semiconductors, met- serve the Earth and the universe. That tional Institutes of Aging who said yes, als, ceramics, polymers, and other ma- is planned with Earth Observation and they noticed some of the same changes terials. We also determine fundamental Space Science, the Alpha Magnetic and thought that sometime we ought physical properties of molten metal, Spectrometer, and SAGE to be de- to look into it. semiconductors, and other materials ployed in 2001. This research will fur- I looked at these changes. I was able with precision impossible on Earth. ther expand our knowledge of the solar to take the Merck manual on geri- Another area being looked into, and system and beyond, as well as of the atrics, the handbook that most doctors this too is a fascinating one, is combus- Earth itself. have on their desks in their offices, and tion science. Scientists are using low I cite these examples to briefly indi- go back through and chart the dif- gravity to simplify the study of com- cate what a wide variety of scientific ferent things where there is a special plex combustion processes, burning effort will go on with the international process that occurs just from aging, processes. Since combustion is used to space station. There will undoubtedly and a similar thing occurs with the produce 85 percent of Earth’s energy, be many unintended or ‘‘spin-off’’ bene- younger astronauts in space in a much even small improvements in efficiency fits as well, especially if NASA’s past shorter time period. will have large environmental and eco- record in this area is of any indication. Out of that we came up with a num- nomic benefits. There have been over 30,000 different ber of them: Osteoporosis; cardio- Now, that is an interesting one be- spin-off benefits from our space pro- vascular changes; orthostatic—the cause if you light a candle in space, gram since its inception. I’d like to ability of the body to keep blood in the you don’t have the flame standing up. give just one of the latest examples upper part of the body and keep it dis- There is no convection current, no rise that is highlighted in NASA’s publica- tributed so the brain keeps func- of air from heating. It gathers in a tion Spinoff 97. Several years ago, the tioning; muscle degradation, or dete- mass around that burning area. So it agency developed a highly sensitive in- rioration of the muscle systems that enables combustion to be studied in frared detector, otherwise known as a change in weightlessness; but also ways that were never possible before. QWIP, to observe the plume created by change is part of the natural process of These are only highlights of some of the shuttle when it is launched. Subse- aging right here on Earth; coordina- the prestation research that have al- quently, QWIPs have been modified for tion; immune system changes. The ready occurred. Dr. Robert Cheng and use for other applications. They were body’s immune system becomes less re- Dr. Larry Kostiuk, combustion science used to track the Malibu fires in 1996 sponsive for the aged right here on researchers at Lawrence Berkeley Na- and served as an early warning system Earth and for younger astronauts in tional Laboratory under contract to on hot spots not visible to the naked space right now. NASA, were awarded a patent for a eye from the air. Recently, a QWIP was Sleep changes: About one-third of our ring flame stabilizer, which signifi- tested by surgeons at the Texas Heart population of those over 65 have very cantly reduces pollution from natural Institute to see which arteries are car- serious sleep problems right here on gas burners. Fitted into an off-the-shelf rying blood during heart surgery. Earth, as do astronauts in space. The

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7545 ability of the body to even take in nu- medicine, before these effects occur but The quality of research is going to trients and absorb them, drugs and nu- also be used here on Earth to hopefully improve if we have the best and bright- trients; changes in space and changes treat some of the frailties of old age est from 16 nations working on these for the elderly here on Earth. Those that afflict too many people right here various projects. The shuttle-Mir pro- are a number of things that we noted. on Earth. We are all familiar with the gram also was called Phase I of the When I talked to people, they syndrome of broken bones in the elder- International Space Station. It is a thought that we should be establishing ly through falling and breaking a hip. perfect example of the benefits of such a project to look into these things, If we can learn how to strengthen cooperation. The program consisted of with the ultimate objective of trying bones with this kind of study, it would nine shuttle-Mir docking missions. The to find out what turns the body’s sys- be of tremendous value. program has helped both the United tems on and off in these particular That is what we will be starting some States and Russia learn countless valu- areas, both for astronauts and for the of the research on this fall, in October able lessons which will be put to use on elderly right here on Earth. We have of this year. I will be a data point of the International Space Station. some 34 million Americans right now one when we come back from the mis- Just a few of those accomplishments, who are beyond the age of 65. That is sion. Some people say we don’t learn and I will just read them off: American due to double by the year 2030 and due anything from a data point of one. My astronauts had a presence on Mir for to triple to almost 100 million by the response to that is, well, you start to 812 days; conducted nine shuttle-Mir year 2050. build a data bank with a data point of docking missions; Russian and Amer- So this is an area of growing concern one. ican engineers, astronauts and cosmo- as we have so many more of our people I hope that through the years NASA nauts, in performing joint operations, enter some of these areas of frailties of will continue this kind of research. I have developed a mutual understanding old age. That is what we are trying to hope we can bring back enough good in these areas, even though we come look into: What if I as an older person information that they will continue from different cultures, and that is im- go up into space, and what if my im- this research through the years and see portant for the future. We have learned mune system or my reactions are dif- the value of this kind of research so it how to plan and execute typical shuttle ferent than those people who are al- builds the storage of knowledge that missions to station rendezvous and ready up there now of a younger age? we have and I think can be extremely docking, joint ground and mission con- Will the things happening to them be valuable into the future. It can open up trol, extravehicular activity, exchange additive to me, or will I be immune a whole new area of NASA and NIA re- of supplies, and on and on. from them because those things may search that will be so important into Most importantly, we are working have occurred to me here on Earth as the future. I am looking forward very, together on joint research projects. part of the natural process of aging? very much to participating in that Over 45 different research papers are This is the kind of research we are kind of research, as well as the other expected to be published by the end of trying to look into. We can’t look into things that are going on on board the this year just on the experiments off of them all at once. But some of the prob- flight that I will be on. Mir. They encompass work on bone lems we can look into are some of the I think the current number of re- loss, bone marrow growth, growth of muscle system changes. Muscle turn- search projects on STS–95, which will cancer cells and cartilage, protein to over experiments, which I will take be the flight going up in October, is 83 crystal growth research, and measure- part in, where I will have isotope injec- separate research projects. It is going ment of the Earth’s magnetic field—a tions and take blood-urine samples on to keep everybody busy on a very tight wide range of scientific matters. a regular basis to see what is causing timeline all during that flight to even They put us in an excellent position the body to break down its own cells in keep up with that amount of research. for assembly and subsequent operation space, which happens right here on There will be a tremendous amount of of the International Space Station Earth to the elderly; doing a sleep ex- research going on on that particular with reduced risk, greater confidence, periment in which I will have on a flight. and a reduced learning curve which ‘‘sleep net,’’ as it is called, with a net I could talk for hours on that sub- will save us time and money. put over the head that has leads over ject. I have all sorts of material that I Now, we had a number of charts here it, which picks up EEG—all the brain brought to the floor today that I on the station. I think in the interest waves—picks up rapid eye movement thought I might get to—we don’t have of time I will not put those up right with sensors here, sensors under the time to do it today, but I learned in now and take more time for discussion. chin, a respiration sensor across here, some of the briefings that NASA had in To summarize this particular part, as well as EKG measurements, as well Houston. I think it would be a tragedy we will have for the first time in his- as monitoring deep body core tempera- if we didn’t continue to fund the space tory 16 nations involved in an Inter- tures; swallowing of a pill that trans- station where this research can be car- national Space Station, cooperating in- mits the little signal, with tempera- ried out in the future to a far better de- stead of fighting each other. Working ture accurate to one-tenth of a degree, gree than they have ever been able to together, using the best and brightest as recorded on a monitor card around be done just on the orbiter itself. of each of these countries to do re- your waist all the time as that pill Let me say a few words about the im- search is a benefit to people right here works its way through your body. portance of international cooperation on Earth. This is a new model for how This will be the most comprehensive in space research. people can reach across borders to study of sleep ever made. It will con- If you had told me some 36 years ago work together to solve problems com- tinue what was done on the Neurolab when I made my flight in 1962—that in mon to all mankind. It is truly a mon- flight where several people were there 1997 United States astronauts would umental and historic effort, and I am provided good baseline data. NASA and take up residence on a Russian space proud and honored to be able to sup- NIA will now be able to compare data, station and work together with a Rus- port it. at least with one person anyway of an sian crew, I would not have believed it I think there is one other important older nature, such as myself. We will be possible. I am a veteran of the cold war factor here too that I run into all the able to start this kind of research then, and the space race. I guess I could not time going around the country, and which I think has the potential of be more pleased to see this kind of that is—and this is, rather, an intan- being extremely valuable into the fu- progress. Obviously, there is tremen- gible benefit. I think our efforts in sci- ture. These are the things that have to dous symbolic value also when former entific research in these areas is some- be done in zero-G and can’t be done enemies work together cooperatively. thing that the kids look up to; our right here on Earth. But symbolism isn’t the most impor- young people in school are encouraged The ultimate objective is to get a tant reason we cooperate. Again, it to study math and science and to work handle on what turns these body sys- gets back to the basic research when harder in school. We run into that all tems on and off, which will benefit not we can do it better together working the time. We meet with teachers, and only the astronauts up there in space together in laboratories all around the we will be doing some discussion from by allowing them to take preventive world. Yes, we can. the flight that I will be on this fall. We

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7546 CONGRESSIONAL RECORD — SENATE July 7, 1998 will be doing some talking back and will get it onstream over the next cou- port for the space station. The Federa- forth to Earth in this educational area ple of years so that we can start this tion of American Societies for Experi- to hopefully inspire some of our young research that is going to benefit all mental Biology has called for a 58-per- people in their academic efforts. mankind. cent increase in funding for NASA’s Now, the Senate will be debating an I think one of the best decisions ever live science research in its annual con- amendment that would, if passed, ter- made by this country way back in the sensus report. minate the space station. I hope that earliest days of the space program In a 1997 report, the National Re- the Bumpers amendment will be de- when NASA was just being formed search Council said in something called feated. I urge my colleagues to oppose was—the decision was made by Dwight ‘‘Future Materials Science Research on it, or any other amendments to cut Eisenhower—that our program would the International Space Station’’: back or restrict space station funding be open for the whole world to partici- The microgravity environment . . . of because I believe the difficult task of pate in. And here we are at the end of space provides a unique opportunity to fur- building and launching the station is the cold war participating now with 16 ther our understanding of various materials nations in the greatest engineering ef- phenomena involving the molten, fluidic, being done in a most cost-effective and gaseous states by reducing or elimi- manner while keeping safety para- fort ever made in the history of the nating buoyancy-driven convection effects. mount. world. It is inspiring to our young peo- . . . the anticipated scientific results of I think it is very, very difficult task. ple. It has the tremendous benefit of a microgravity materials-science research This is not like going to Detroit and research laboratory we have never been range from establishing baselines for funda- saying, General Motors, we want to able to have. In all the tens of thou- mental materials processes to generating re- buy 5,000 trucks. What is your cost? sands of years as people looked up and sults of more direct commercial significance.’’ And we will know within a dollar what wondered what was up there, and the we are going to get them for, and we Wright brothers made the first flight I am not sure all of our colleagues understand exactly what they mean, will probably get them on time without off the surface of the Earth, and ever but I get the drift of it, and that is that any change in capability. We are deal- higher, and now we have the chance to scientific investigation in space is good ing in an area that is out on the cut- use this for the benefit of all people on and they are going to make break- ting edge of science, setting up a vehi- the Earth, I think it should continue throughs in areas that are very impor- cle that will be used to initiate and I hope my colleagues will vote to defeat this amendment. tant. projects and do research on the cutting The National Research Council fur- edge of science and is less amenable to I yield the floor. Mr. BOND addressed the Chair. ther stated, in Microgravity Opportuni- accurate cost accounting. ties for the 1990’s: I think it is difficult when we say we The PRESIDING OFFICER. The Sen- Increasingly, fundamental processes that are expecting NASA to be able to fore- ator from Missouri. Mr. BOND. Mr. President, we are in were thought to be well understood under see some of the things that have hap- the process of seeking to reach a time terrestrial (1-g) conditions have, in fact, pened such as, for instance, congres- proved to behave in altered and even star- agreement and have the measure set sional cutbacks in funding from time tlingly unfamiliar ways when observed and aside for a vote about 6:30. We have not measured in reduced gravity environments. to time, cutbacks of programs and yet cleared the time agreement. I in- building up later on, cutbacks again. Space experiments in areas such as combus- tend to make some remarks now and tion, fluid flow and transport, phase separa- One estimate by one of the studies was would want those remarks charged tion fundamental physics, and biology, have that 80 percent of the overruns of the against the time agreement if and revealed new phenomena and have dem- last few years, where there has been a when we do reach that time agreement. onstrated new and occasionally unpredicted budget increase, has been caused by It is our hope that we will have this behavior. that very factor alone. So perhaps we vote and be able to take another mat- NASA and the National Institutes of have to look at ourselves here in Con- ter that is very important that Senator Health have executed over 20 coopera- gress a little bit as to what caused MCCAIN is going to offer after this and tive agreements in life sciences. The some of these increases. vote on them at 6:30 and thereafter this American Medical Association has This year’s cost for the station, $2.3 evening. So for the information of all passed a resolution in support of the billion in this particular bill, that is Senators, that is what we are working International Space Station. In addi- just $30 million above the President’s on, and we hope to have word from the tion, we have quotes from people like 1999 budget that we are talking about Cloakrooms shortly. Dr. Samuel C.C. Ting from the Massa- here today. Back years ago, we were There are many points that can be chusetts Institute of Technology, Lab- talking about a continuing basis of $2.1 made. I certainly appreciate the very oratory for Nuclear Science. Dr. Ting billion per year. That is when we knowledgeable comments of our distin- is a Nobel laureate. He said: thought the total cost was going to be guished colleague from Ohio, a man From my experience conducting experi- $17.4 billion. So for a scientific project who speaks about space from personal ments in particle accelerators for over thirty years, I conclude that the space station is an like this, I don’t see that that is too far knowledge that none of the rest of us out of line. This is not like going out ideal place to address fundamental issues in have, and I know that we are all very, physics. In the final analysis, the construc- and buying something that is a com- very enlightened by his description of tion of the Space Station this year will pro- monplace product, off the shelf in this the work that could go on, the sci- vide scientists from many disciplines with country, or wherever. entific inquiry that can go on. But I the unprecedented opportunity to carry out It is not true that all scientists are want to address a point that was made large scale, precision, and long-duration ex- opposed to the station as my colleague earlier, just one of them that I think is periments unimpeded by the effects of the Earth’s atmosphere and gravity. stated earlier, and it is not true, I very important. don’t think, that NASA has broken There was a statement made about I might cite Professor of Engineering Physics and Combustion, Director of their promises. I think they have basi- 11⁄2 hours ago that all scientists in cally made the best estimates they America are opposed to it. Clearly, the Center for Energy and Combustion could, and they have tried to live with there are many scientists whose dis- Research at the University of Cali- them. ciplines have not yet identified en- fornia, San Diego, Professor Forman A. So I hope my colleagues will join me hancements that might come from the Williams, who said: in defeating this amendment to termi- microgravity environment of space. It The practical objective of learning how to nate the space station because I think is not surprising that many of these burn our precious fossil fuels more cleanly, efficiently and safely certainly would benefit it is very valuable for the future. The scientists would rather see money for from the fundamental studies that the Space voting patterns in the past in the Sen- science go into one of their disciplines. Station would allow us to pursue. Consid- ate have shown that most in the Sen- But taking money away from NASA ering the astronomical costs of petroleum, ate believe that, and I hope it con- does not automatically make that the investment in Space Station thus seems tinues today. Most of the hardware is money available for other research pro- to me very well conceived. either under construction or actually grams for other Federal agencies. Obviously, we have statements from completed now, and the first nodes will Let me just indicate some of the sci- other scientists who indicate the im- be launched later this year. And we entific groups that have expressed sup- portance of this scientific research.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7547 But when you look at it, realize that hope by the year 2000 or thereabouts, in The space station is not a luxury any more the space station is not just justified in the new century, we double the funding than a medical research center at Baylor terms of science alone. The inter- for the National Institutes of Health, College of Medicine is a luxury. national space station is not and never an agency that resides in my own State Since 1992, NASA has signed 20 dif- has been simply a science platform. It but really belongs to all of America ferent cooperative agreements with serves many other functions, not the and really benefits the entire world. NIH. The National Academy of least of which is the greatest peaceful, I feel so strongly about the benefits Sciences has repeatedly expressed its international, scientific endeavor in that could be derived from the collabo- support for research on the space sta- history. ration between NIH and NASA that I tion. The Planetary Society supports It will offer practical applications be- encouraged then Administrator Goldin it. The American Medical Association yond the realm of research, as a test- and the Director of NIH then, Dr. has adopted a resolution in support of bed for manufacturing, for technology. Bernadine Healy, to really develop it. The Society for In Vitro Biology It has a potential for great commercial joint research projects. And they actu- hosts an annual workshop on what cul- involvement in manufacturing, in ma- ally entered into a memorandum of turing cells in microgravity will mean. terials processing. If we choose, as a agreement that stands today to ensure Who knows what breakthroughs we matter of policy, the station also can collaborative research in that area, a will find? I have five pages of quotes from dif- play a key role in civilization, taking great deal of which is being manifested ferent deans and professors of medical another step beyond Earth’s orbit. It is in the space station research arena. schools from all over the United States not just science. It is a laboratory with So, we thank Senator BUMPERS for of America in support of this. They the capability that many of our top the yellow flashing lights that he con- range from MIT, to Harvard Medical scientists are eager to begin using, and tinues to signal to the committee. We School, to the Harvard Institutes of many who would hope to commer- thank him for his steadfast advocacy Medicine; Brigham and Women’s Hos- cialize and provide benefits through for biomedical research. And we want pital. I could go on about it. the private sector, not only through in- to thank him for his important con- vestigations, scientific explorations, Let me quote Dr. Jessup who heads tribution. up the Deaconess Hospital, Harvard but actual production in space, may be However, having then said those ac- able to realize. Medical School: colades, we do not want his amendment The space program offers a chance to im- For these reasons, I hope, when the supported. I think another wonderful time comes for a tabling motion, an prove out models of cancer and to develop American, Senator JOHN GLENN, has new drugs and treatments as well as to gain overwhelming majority of my col- outlined very clearly and extensively knowledge about how cancer spreads . . . leagues will join us in so tabling the why we should continue to support The space station is the place to do amendment. Space Station Freedom. I would not du- it. Mr. President, I yield the floor. plicate, but hope to amplify, Senator Mr. President, my family was af- The PRESIDING OFFICER (Mr. GOR- GLENN’s remarks. I recall I was a fected by two major diseases: Alz- TON). The Senator from Maryland. young social worker when Senator heimer’s and diabetes. My very dear fa- Ms. MIKULSKI. Mr. President, I, too, GLENN himself had just finished orbit- ther died of Alzheimer’s, and I am rise in opposition to the Bumpers ing the Earth looking for these impor- deeply committed to continuing the re- amendment to strike the funding for tant scientific breakthroughs, and I search to find either the cure or the the space station. We have heard, prior to Senator think of the year 1968 when we also or- ability to stretch out the intellectual bited the Moon and our astronauts read ability for anyone who has it. My dear BOND’s speech, from a distinguished from Genesis in space to remind us all mother was stricken with diabetes and American. Senator BOND is also a distinguished American, but Senator of our link between here, the planet overcame her in her final years and re- Earth, and outer space. sulted in her death. BUMPERS, the Senator from Arkansas, What I think about now, as I listen to has really raised very important and I also remember that many Demo- scientists brief us on what this means, significant flashing yellow lights re- crats, members of my own party, ridi- is it is outstanding, in those two areas, garding the space station. He has culed the whole effort to go to the and what it will mean. Let me tell you raised questions related to the funding Moon and to take that ‘‘one giant step about what Dr. Ken Kosik of the Har- of the space station; also, as to wheth- for mankind.’’ In fact, one Senator vard Institute says: er we are getting our money’s worth in from Minnesota at that time called it By raising rats in an environment that terms of research, wouldn’t it be better ‘‘moondoggle.’’ No one looks back on the success of that endeavor, what it lacks gravity, we have the opportunity to deployed in other areas? And he has zero in specifically on the brain system that consistently raised many of those ques- meant to our country both in terms of national prestige and scientific break- controls orientation. This brain system is tions over the years. exactly the part of the brain attacked by The result of that has been that, throughs in that era of the cold war, Alzheimer’s disease. We will use the rats to while he has not always won his and no one would call that program, search for the specific molecules which fail amendment, he has certainly won our now, ‘‘moondoggle.’’ I hope we will not to appear in the brain circuits controlling attention, that of those on the Appro- also just dismiss, in the same way, orientation. priations Committee, and the attention Space Station Freedom. And this could lead to incredible also of the space agency itself that has This endeavor was begun under Ron- breakthroughs in knowing how to help resulted, I believe, in greater manage- ald Reagan, sustained under President those who have Alzheimer’s or a pro- ment efficiencies and a greater focus George Bush, and continues to be sup- pensity to it. on specific research outcomes than ported by President Bill Clinton. But it I have a quote from a letter from Dr. would have been the case had those im- is not only the Presidential support Jim Mulvihill, the president and CEO portant issues not been raised. that gives this program validity, it is of the Juvenile Diabetes Foundation Senator BUMPERS has been a cham- also the support of the scientific com- International encouraging the support pion particularly in the area of health munity. I would like to bring to the of the space station because of what it care and medical research. I remember committee’s attention the Nobel lau- will mean. when I first arrived in the Senate, he reate, Dr. Samuel Ting, who has played Dr. Murray Loew, member of the Ju- was the leading advocate to make sure a major role in developing much of the venile Diabetes Foundation, Lay Re- we had adequate immunization for the research on the space station. view Committee, at Georgetown says: children of the United States of Amer- Another Nobel laureate, Dr. Herbert Although it may not be immediately ap- ica, and what is now a standard public Hauptman, has addressed the Bio- parent, persons with diabetes and astronauts share some of the same challenges. Con- policy he raised and he supported, and medical Research Caucus of Congress on the value of orbital research for bio- sequently, NASA and the Juvenile Diabetes we thank him for that. Foundation last May signed a joint Space He also speaks eloquently of the medicine. Act Agreement so that both organizations funding for the National Institutes of Dr. Michael DeBakey of Baylor Medi- can together begin fully sharing informa- Health, and I, too, join him on that. I cine said: tion . . .

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7548 CONGRESSIONAL RECORD — SENATE July 7, 1998 And research in juvenile diabetes, Although it may not be immediately ap- Division of Life Sciences at The University there are links here to do this. I could parent, persons with diabetes and astronauts of California, Los Angeles: elaborate on this, but I turn to my col- share some of the same challenges. Con- The significant advantage of studying the league from Missouri, and ask him if sequently, NASA and JDF last May signed a ability of the nervous system to adapt to a joint Space Act Agreement so that both or- microgravity environment, known as plas- the time agreement is ready. ganizations can together begin fully sharing ticity, is the ability to identify the potential Mr. BOND. It is in the process. information and ideas.—Testimony of the of the normal nervous system. This informa- Ms. MIKULSKI. Mr. President, I ask Juvenile Diabetes Foundation International tion is critical because it will allow us to dif- unanimous consent to have printed in before the House Appropriations Sub- ferentiate the potential for plasticity of the the RECORD these statements unsolic- committee on VA, HUD, and Independent nervous system in response to trauma and ited from scientists who do both basic Agencies, April 22, 1998. disease, in comparison to that associated research and applied clinical research, James E. Mulvihill, DMD, President and with altered use of the normal nervous sys- not only on diabetes and Alzheimer’s, CEO, Juvenile Diabetes Foundation Inter- tem.—Testimony before the U.S. House of but on many others diseases. I want national: Representatives Committee on Science, Sub- Again, on behalf of the 16 million Ameri- committee on Space and Aeronautics, April their testimony to speak for itself. cans with diabetes and their loved ones, I ap- 10, 1997. There being no objection, the mate- preciate your partnership in the search for a Ms. MIKULSKI. Mr. President, I ac- rial was ordered to be printed in the cure. We look forward to continuing our RECORD, as follows: close working relationship.—Letter to Ad- knowledge the validity of what Senator August F. Witt, Ford Professor of Engi- ministrator Goldin, April 21, 1998. BUMPERS has raised about cost over- neering, Massachusetts Institute of Tech- William T. Shearer, M.D., Ph.D., Professor runs, and I also raise the validity about nology: of Pediatrics and of Microbiology and Immu- what Senator BUMPERS has raised with . . . your program is now generally recog- nology Baylor College of Medicine; Chief, Al- NASA over the fact that the cost over- nized as absolutely critical in efforts to lergy and Immunology Service, Texas Chil- runs in the space station could lead to maintain for the U.S. a competitive position dren’s Hospital: raids on other well-managed NASA in the development of new materials. The fa- All in all, the investment in International Space Station laboratories will yield rich re- programs. To that end, working on a cilities and scientific infrastructure provided bipartisan basis with our colleague by your Agency [are] a unique national asset wards, in terms of the health of human as- which will unquestionably even increase in tronauts.—Letter to Administrator Goldin, from Missouri, the chairman of the value, with the establishment of the Inter- May 1, 1998. subcommittee, we established a sepa- national Space Station.—Letter to Adminis- Harry R. Jacobson, M.D., Vice Chancellor rate account dedicated solely to the trator Goldin, April 22, 1998. for Health Affairs, Vanderbilt University space station to create better account- G. Paul Neitzel, Professor, Virginia Insti- David Robertson, M.D. Director of the Clin- ability and financial management of ical Research Center, Vanderbilt University: tute of Technology: this program and transparency in The presence of a ‘‘permanent’’ manned The study will give us critical insights into platform on orbit will provide unprecedented how the brain regulates blood pressure and terms of the total cost of what the opportunities for long-term experimentation heart rate in human beings in the unique en- International Space Station is. in a weightless, or ‘‘microgravity’’ environ- vironment of microgravity, and this infor- So it is not a million bucks here, 100 ment. . . . the results of research done out- mation directly relates to the clinical work million tucked in over here, and so on. side the confines of gravity may be able to we are doing regarding the abnormalities in We are going to have a separate ac- point the way to the improvement of proc- the autonomic nervous system and its con- count providing accountability and esses and products produced here on Earth.— trol of critical aspects of physiology, such as transparency. blood flow to the brain. Using the laboratory Letter to Administrator Goldin, April 22, I would like to continue with my ar- 1998. of space to examine the underlying regu- Forman A. Williams, Professor of Engi- latory mechanism in the absence of the con- guments, but we have reached a time neering Physics and Combustion, Director, founding factor of gravity will allow us to agreement. I temporarily yield the Center for Energy and Combustion Research, understand these mechanisms at a level not floor to my colleague from Missouri so University of California, San Diego: previously possible.—Letter to Adminis- he can propound his unanimous con- The practical objective of learning how to trator Goldin Re Neurolab, April 28, 1998. sent request. I ask unanimous consent burn our precious fossil fuels more cleanly, Gail H. Cassell, Ph.D., Vice President In- to return to speaking on the amend- fectious Diseases Drug Discovery Research efficiently and safely certainly would benefit ment. from the fundamental studies that the Space and Clinical Investigation, Lilly Research Station would allow us to pursue. Consid- Laboratories, Eli Lilly and Company: The PRESIDING OFFICER. Without ering the astronomical costs of petroleum, As you know, Eli Lilly is interested in objection, it is so ordered. the investment in Space Station thus seems working with the Center for Macromolecular UNANIMOUS CONSENT AGREEMENT to me to be very well conceived.—Letter to Crystallograph (CMC) in two different areas. Mr. BOND. Mr. President, I think we Administrator Goldin, April 20, 1998. First, because of the Center’s expertise in have reached a time agreement. It may macromolecular crystal growth in both 1-g Charles A. Czeisler, Ph.D., M.D., Associate be a little convoluted, but if you will Professor of Medicine, Harvard Medical and μg environments, we would like to fund School, Chief, Circadian, Neuroendocrine and the CMC to crystallize a large number of bio- stick with me. Sleep Disorders Medicine, Brigham and logically important proteins that Lilly sci- I ask unanimous consent that there Women’s Hospital: entists have identified from a variety of be 1 hour 30 minutes for debate prior to [The ISS] provides an ideal platform to ex- sources including our own genomics data a motion to table, and that the vote on plore the long-term effects of space flight on base. Second, because of our mutual interest the motion to table occur at 6:30 p.m. human physiology, and will provide critical in infectious disease, we would like to work this evening. I further ask unanimous information for us scientists to assess the with the CMC on the crystallization and consent that the time be divided as fol- feasibility of extended duration space flight structure determinations for several key such as will be required for a flight to proteins associated with a number of bac- lows: 40 minutes under my control, and Mars.—Letter to Administrator Goldin, terial and viral pathogens. . . . In this re- we will charge the 15 minutes used to April, 1998. gard, we hope to support and have access to this point by Senator MIKULSKI and Samuel C.C. Ting, Massachusetts Institute your NASA-funded microgravity flight pro- myself against that 40 minutes; 50 min- of Technology, Laboratory for Nuclear gram.—Letter to Dr. Lawrence J. DeLucas, utes under the control of Senator Science [Dr. Ting is a Nobel laureate]: Director, Center for Macromolecular Crys- BUMPERS; that just prior to the vote on From my experience conducting experi- tallography, April 8, 1998. the motion to table, there be 10 min- ments at particle accelerators for over thirty Kenneth S. Kosik, M.D., Harvard Institutes utes equally divided for closing re- years, I conclude that the space station is an of Medicine; Brigham and Women’s Hospital: ideal place to address fundamental issues in By raising rats in an environment that marks; that following the debate, the physics. In the final analysis, the construc- lacks gravity, we have the opportunity to amendment be laid aside until 6:20 p.m. tion of the Space Station this year will pro- zero in specifically on the brain system that this evening, and at that time, I be rec- vide scientists from many disciplines with controls orientation. This brain system is ognized to move to table amendment the unprecedented opportunity to carry out exactly the part of the brain attacked by No. 3062. large scale, precision, and long duration ex- Alzheimer’s disease. We will use the rats to Mr. BUMPERS addressed the Chair. periments unimpeded by the effects of the search for the specific molecules which fail The PRESIDING OFFICER. The Sen- earth’s atmosphere and gravity.—Letter to to appear in the brain circuits controlling Administrator Goldin, April 17, 1998. orientation.—Letter to Administrator ator from Arkansas. Dr. Murray Loew, Member, JDF Lay Re- Goldin Re Neurolab, April 20, 1998. Mr. BUMPERS. Reserving the right view Committee, Professor of Engineering, Dr. V. Reggie Edgerton, Vice Chair and to object, and I am most reluctant to, Georgetown University: Professor of Physiological Science for the I would like, in this eighth year of my

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7549 travail, to get an up-or-down vote on The answer is we cannot rush the de- The only limit to our realization of tomor- this. velopment of new technologies and row will be our doubts of today. Let us move Mr. BOND. Mr. President, in response science. If we did it on the shuttle, it forward with strong and active faith. to that, I had offered to offer a sepa- means you would have 2 weeks max- I ask my colleagues to embrace rate amendment naming the space sta- imum to be able to do it. I know no sci- Franklin Roosevelt’s vision and sup- tion after Senator BUMPERS. entist working at my beloved NIH who port efforts to move the International Ms. MIKULSKI. It will be called the could do research in 2 weeks, take a Space Station forward. ‘‘Bumper crop.’’ break, wait for another launch and go The International Space Station is Mr. BOND. In spite of that, I person- back for 2 weeks. one of the most promising space ally will forego the motion to table and One of the arguments we hear every projects in history. Over 60 percent of ask that the vote be an up-or-down year is space station-related costs and, the station hardware, nearly half a vote on the Bumpers amendment. sure, the space station does cost million pounds, will be assembled by Mr. BUMPERS. I thank the Senator. money, but the fact is that over $51 bil- the end of this year. More than 75 per- I am more than happy to forego having lion of the $96 billion discussed by Sen- cent of the developmental activities the space station named after me. ator BUMPERS is really related to shut- are completed. The end result of this The PRESIDING OFFICER. Is there tle missions, and those missions will 16-nation effort will be an inter- objection to the unanimous consent re- fly whether we do the space station or national university in low-earth orbit quest as amended? not. and a launching pad for further explo- Ms. MIKULSKI. There is no objec- One of the real questions, too, is ration of the stars. tion. what is the cost to the United States of Mr. President, constructing this The PRESIDING OFFICER. Without America and its taxpayers if we do not space station will not be simple or objection, it is so ordered. continue or stay the course for the cheap. But why would we expect it to Mr. BOND. Mr. President, for the fur- space station? We hear about the cost be? For the first time in the history of ther information of all Senators, it is to maintain it and to build it. The ac- manned space exploration, we are as- my understanding that Senator tual work on the space station means sembling a laboratory, energy plant, MCCAIN will be in position next to offer 15,000 highly skilled engineering and and apartment complex the size of a an amendment. It is our hope we can production contract jobs supporting football field in orbit 200 miles above have a vote on that matter, or relating the space station. There are 35,000 con- the Earth. This is an ambitious tech- to that matter, perhaps on a Budget tract workers and 5,000 civil servants nical feat. Our nation’s exploration of the gal- Act point of order, following the vote who work on the shuttle, who is our axy has never been easy. While we pre- on amendment No. 3062. That is not major customer. This is a major em- fer to remember glorious moments like part of the consent agreement. That is ployer. About 2,000 pounds of hardware our distinguished colleague JOHN for information only. I thank my col- have already been built for the U.S. GLENN’s first orbit, Neil Armstrong’s league from Maryland, and I yield the station. first moon landing, and the majestic floor. What else do we lose? U.S. credibility first launch of the space shuttle, we The PRESIDING OFFICER. The Sen- with our international partners. Japan, should not forget that America’s four ator from Maryland. Canada, and European Space Agency decade adventure in space has also Ms. MIKULSKI. Mr. President, how have all made this a truly inter- been plagued by technical difficulties much time have I consumed? national program. We have worked and political struggles. We’ve faced The PRESIDING OFFICER. The Sen- closely with the Russians. Like many, tragedies—namely the three brave as- ator from Maryland has used 11 min- I am disappointed in the way the Rus- sians have failed to deliver their prom- tronauts who lost their lives in the utes 9 seconds. Apollo I fire, and the seven others who Ms. MIKULSKI. Thank you very ised technology on time, for which we paid. They have improved these ac- perished on the Challenger. Space ex- much, Mr. President. ploration has been exciting, but it has I believe this amendment is a choice tions, and I know President Clinton is never been easy. between the future and the past. We moving on this. U.S. competitiveness can only be But perseverance and patience have must be willing to embrace science and maintained by continuing the long- powered our space program past these technology, to take the bold risk in term, cutting-edge, high-risk research difficulties, and they will be necessary scientific endeavors of the future like and development that we have done. I ingredients in our effort to construct the space station. Investments in am not going to elaborate any further and maintain this International Space science and technology will be deter- on what Senator JOHN GLENN said. For Station. Without the perseverance and minative of the 21st century in what all who are listening, we want to am- patience of early space pioneers, we nations will continue to lead the world. plify that the space station is an im- might not have been the first nation to I do not want the American century to portant public investment and sci- land on the moon or successfully oper- come to a close without a continued entific breakthrough, where the very ate a reusable launch vehicle. commitment to science and tech- technology of doing the space station The International Space Station will nology. will lead to new breakthroughs in life excite the nation and the world. I can- We must use American ingenuity and science, information technology, and not imagine any other project that will know-how through this unique environ- new kinds of materials—ceramic and so so readily inspire young people across ment of the space station to tackle un- on—that will be very important to our country to focus their attention on derstanding of diseases or develop new maintaining America’s cutting edge. math and science. The first launch of techniques, like I just elaborated on a I reserve further time on my time for space station components will cul- few minutes ago. Some will argue this when we need to conclude our debate. tivate the next generation of mechan- type of research can be done more cost I urge the defeat of the Bumpers ical engineers, software designers, effectively on Earth. Other scientists amendment. Vote for the future and flight controllers, and of course, our will disagree because you cannot create defeat the Bumpers amendment. astronaut corps. Throughout its life- a low gravity environment on Earth to Mr. GRAHAM. Mr. President, I rise time, the space station will include perform many of these unique activi- today to ask for your attention to an student experiments and teleconfer- ties. issue of great importance to the future encing and telescience projects. One is microgravity research and of science and space exploration: the For this investment, we will have a providing better research in better International Space Station. We have permanent facility in space in which pharmaceuticals, medical advancement debated the merits of this project on we can conduct numerous scientific to develop new materials to use on many occasions. It is time to end this and medical experiments, the end re- Earth, such as new fire resistant mate- debate and declare our permanent sup- sults possibly being cures for diseases rials. My gosh, wouldn’t our fighters port. We must press ahead with man- known and unknown. have benefitted from that in Florida? kind’s exploration of the cosmos. For instance, space-grown insulin Others might ask why this type of re- President Franklin Roosevelt once crystals created in a microgravity en- search cannot be done on the shuttle. said: vironment are larger and better defined

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7550 CONGRESSIONAL RECORD — SENATE July 7, 1998 than those developed on Earth. Sci- NASA-developed device that warns of tion of inflammation associated with entists from NASA and the pharma- dangerous wind-shear conditions. In heart surgery. ceutical industry hope to develop drugs addition, NASA made valuable con- Mr. President, as I have mentioned, that will bind insulin and attack the tributions to medicine by allowing sci- the importance of the International third leading cause of death in this entists to utilize microgravity condi- Space Station is evident. The techno- country, diabetes. tions in space to grow larger breast logical advancements that may be Microgravity can also be used to cancer cells, allowing different growth achieved by this project are monu- study proteins and three-dimensional stages of these cells to be studied. mental. I urge my colleagues to con- tissue samples. Previous success in ad- NASA technology has produced a tinue funding the International Space vanced cell-culturing has led to part- pacemaker that can be programmed Station and maintain American’s lead- nerships with the National Institutes from outside the body and developed ership in space research and explo- of Health in the study of transmission instruments to measure bone loss and ration. of the AIDS virus. This application of bone density without penetrating the Mr. FEINGOLD. Mr. President, I space technology has also led to new skin. NASA research led to the devel- come to the floor to lend my support to studies of cancer tumors. opment of a three-inch implant for dia- the amendment offered by the Senator Space flight is particularly applica- betes that provides more precise con- from Arkansas. ble to studying the aging process, since trol of blood sugar levels, thereby free- Senator BUMPERS has led a long, and astronauts experience many of the ing diabetics from the burden of daily often lonely, battle against the Inter- same symptoms seen in the elderly, insulin injections. These are just a few national Space Station. Since I joined such as anemia, loss of muscle, and im- of the scientific and medical advances this body in 1993, I have supported his balance. Women are five times more developed from NASA technology. efforts to terminate the program on likely to suffer from osteoporosis, the A panel of experts headed by aero- the basis of its extraordinary cost and medical term for weakening bones. space consultant Jay Chabrow recently its crushing burden on the Federal What better way to study it than to concluded that the space station’s cost budget deficit. simulate it in space? The results could through the assembly stage could be We now see that the space station is be fewer broken bones in the years to $24.7 billion, which is $3 billion more not only far more expensive than pre- come as baby boomers advance in age. than NASA now projects. While the vious cost estimates, but also signifi- In addition to the tremendous health overrun projected in the Chabrow re- cantly behind schedule and losing the benefits we will reap from medical port is a concern, the estimate in the support of partner nations, including studies on the space station, our daily report is modest in historic terms. For the Russians failing to keep its finan- lives will be affected by numerous spin- example, the initial contract for the cial commitments. The reasons for ter- offs and product developments. Aerogel lunar excursion module was $350 mil- minating the space station are now is the lightest known solid, only three lion. By the end of the contract, the more compelling than ever. Senator times heavier than air. Space-manufac- cost had escalated to $2.3 billion, seven BUMPERS has been prescient in his ef- tured samples are four times better in times the original cost. For the entire forts to save our tax dollars on this quality than any produced on earth, al- Apollo, Mercury, and Gemini programs, wasteful program. lowing for the creation of super- NASA spent approximately $100 billion In a May, 1998, report, the General insulators. Fortune magazine predicts to reach the moon. These programs, Accounting Office stated that the new the aerogel market could result in 800 much like the International Space Sta- cost estimate for the space station had potential product lines, from satellite tion, ventured into unknown territory risen to almost $96 billion. And this ex- parts to surfboard material. and were considered inherently risky. traordinary cost doesn’t even include Finally, as demonstrated by the dev- It is also important to note that the cost of decommissioning and astating Florida fires, combustion rep- while the panel indicated that there deorbiting the space station at the end resents a threat in many forms. Fires may be cost overruns and schedule of its useful life. This, in and of itself, cause 5,000 deaths and $26 billion in delays, the panel also recognized that will cost billions more. property losses every year, a figure I NASA’s management of the Space Sta- Even a NASA-appointed commission am certain will be higher due to the tion has been ‘‘resourceful and effec- found that NASA’s own cost estimates terrible losses we have suffered in Flor- tive’’ in addressing the many chal- were vastly underestimated. The blue ida. How can a space station help? In lenges that have resulted from this ribbon Cost Assessment and Validation space, researchers can study flames project. With over 400,000 pounds of Task Force recently reported that the without the interference of the earth’s flight hardware completed, NASA and cost of simply developing and building gravity. Such studies will help us bet- its international partners believe that space station hardware will probably ter understand how combustion hap- by the end of this year, over half a mil- cost $24.7 billion. Just last year, NASA pens and better address problems such lion pounds will be completed and the officials promised Congress that devel- as air pollution and forest fires. first two elements of the station will oping and building space station hard- The House and Senate share a vision be in orbit. Although Russia has only ware would cost $17.4 billion. Mr. Presi- for the future of space and we must been able to complete 95 percent of the dent, how in the world did cost esti- continue to act together on behalf of module, the Russian government has mates rocket up by 42 percent in the this visionary project. The future will reiterated its commitment to the sta- course of one year? soon be upon us. We don’t want to see tion. However, NASA continues to The same blue ribbon panel also esti- it pass us by. I urge my colleagues to evaluate other contingency plans to mates it will take two years longer to vote against this amendment and en- address possible delays by Russia. assemble the space station than NASA dorse the International Space Station. Once completed, the International now plans. The report pushes the com- We must not let the doubts of today Space Station will be the most completion of the space station back to stand in the way of the possibilities of plex structure ever sent into orbit, en- early 2006. Let me remind my col- tomorrow. compassing a laboratory and living leagues that in September, 1994, NASA Mr. AKAKA. Mr. President, as the quarters the size of two football fields. said it would complete assembly of the Senate considers funding for the Inter- As demonstrated by several experi- space station by June, 2002. The sched- national Space Station, I want to re- ments conducted on the Russian Mir ule has slipped by four years, let me remind my colleagues about the achieve- space station, Skylab, and space shut- peat, four years since 1994. Ironically, ments of the National Aeronautics and tle flights, advancements in science NASA recently announced a delay in Space Administration (NASA). will be enhanced by the International launching the first piece of the space Since 1915, American aviators, astro- Space Station. These experiments have station by five months. According to nauts, and spacecrafts have expanded been used to determine or refine exist- the commission, each month of delay human knowledge. The advancements ing protein structure models, create will add about $100 million to the final made by NASA are found in virtually new drugs to battle viruses, such as cost of the project. every aircraft in use today. One exam- AIDS, and develop inhibitors, such as Finally, Mr. President, NASA en- ple, used by Continental Airlines, is a those used to alleviate the complica- listed the support of Russia as a means

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7551 of fostering collaborative energy and as tion will undermine the credibility of Mr. HUTCHINSON. Mr. President, I a means of defraying program cost. As the United States with its inter- rise in support of the Bumpers amend- we know, Russia is in the midst of eco- national partners who have already in- ment, and I join him in his 8th year of nomic instability and an unreliable vested nearly $10 billion. The other na- travail on what I think has been an im- space program, witness the problems tions participating in the development portant provision. When I came to Con- with the Mir space station. of the space station reaffirmed their gress in 1993, I came with great alarm NASA estimated that the American commitment by signing partner agree- about the cost overruns, the delays, taxpayers would save $2 billion by ments in January 1998. At the same the projected increases in spending, working with the Russians on this new time, the U.S. has taken the lead in de- and what appeared to be a black hole space station. That savings is already veloping the space station and have absorbing precious taxpayer dollars. I gone. On top of that, the Russian Space made commitments to the inter- also came with a willingness to be con- Agency doesn’t even have the money to national community to see it through. vinced that was going to change. I was safely deorbit Mir. How, then, can we Leadership requires resolve and char- promised that they were going to safely rely on Russia to fulfill its obli- acter. It is not in the American nature tighten their belts, slim it down and gations for the International Space to break our promises and abandon our trim it down, that it was going to be- Station? friends and partners, especially when come a responsible kind of program Even our European partners in the we are on the verge of launching the and project. Well, the most recent GAO European Space Agency are beginning first elements of the space station. report—the 1998 GAO report—has con- to reconsider their commitment to the Continued development of the space vinced me that we need to cut our International Space Station. French station is the right course for the losses, that it is not going to happen, Space Minister Claude Allegre said of United States to take. The history of that it has not happened and, in fact, the International Space Station mankind, and especially of Americans, the projections are that we are going project, ‘‘People often do stupid things. is one of curiosity and exploration. The to continue to see exorbitant cost in- There is no reason we should applaud same pioneer spirit that led past gen- creases if we continue down the road of them.’’ erations to explore the frontiers has building the space station. Fortunately, Congressional leaders manifest itself in our present journey My colleague from Maryland spoke are growing skeptical of NASA’s plans. to space. The United States is the un- much of the value of microgravity and Last month, the chairman and ranking disputed leader in space technology de- the need for the space station and member of the House Science Com- velopment, and it would be arbitrary mittee wrote the President asking for a microgravity research. I would like to and reckless for the Senate to reject plan for controlling cost growth and quote Professor Robert Park of the De- our destiny of discovery through the delays on the space station. Given the partment of Physics at the University space station. I ask my colleagues to Administration’s reluctance to offer of Maryland in College Park, Mary- such a plan and NASA’s resistance to join me in reaffirming our country’s land. Doctor Park said: cutting back the program, I don’t see commitment to our future by opposing Microgravity is the only unique property how we can support putting good this shortsighted attempt to strip of a space station environment, and the sta- money after bad. funding from the space station. tion was originally envisioned as a sort of microgravity R&D laboratory. The micro- Mr. President, it is time to end this The PRESIDING OFFICER. Who yields time? gravity research that was envisioned for the program. international space station has already been Mr. SHELBY. Mr. President, today Mr. BOND. Mr. President, I think the majority leader has asked for time. We largely completed, either on the shuttle or the Senator from Arkansas takes his on Mir. final shot at terminating funding for ask unanimous consent he be granted such time, not to be charged against So there you have it. The original the International Space Station. For and primary justification for building the eighth consecutive year, he argues the debate on this amendment. The PRESIDING OFFICER. The ma- the space station has largely been real- that America should abandon its com- ized by ongoing R&D, either on the mitment as the leader of this historic jority leader. shuttle or on Mir. endeavor. Mr. LOTT. Mr. President, I thank the By cutting the international space The Space Station is real and well on Chair. its way to orbit. Last year, NASA em- Mr. President, I do this in order to station’s lifeline, today the Senate has ployees and contractors at the Mar- introduce a resolution. I am joining the opportunity to save billions of dol- shall Space Flight Center in Hunts- today with Senator TORRICELLI and a lars that have been floating away now ville, Alabama finished construction of number of others in introducing a reso- for over a decade. I want to commend Node 1, the first significant piece of lution on Taiwan. I ask now that addi- Senator BUMPERS for his resolve, for flight hardware. Since then, the Pres- tional cosponsors be added to this reso- his eloquence, and for his persistence surized Mating Adapters, Integrated lution until the end of business today. on this issue. My distinguished col- Electrical Assembly, Z1 Truss, Long The PRESIDING OFFICER. Without league from Maryland said that in ap- Spacer, FGB Control Module are being objection, it is so ordered. preciation for Senator BUMPERS’ ef- prepared for integration tests and (The remarks of Mr. LOTT and Mr. forts, he had turned on the yellow launch. TORRICELLI pertaining to the submis- light. I can only say that what we need Those who do not believe that Amer- sion of S. Con. Res. 107 are printed in to do is turn on the red light on this ica should maintain its leadership in today’s RECORD under ‘‘Submission of project. It needs to be a stop light. space exploration speak only of the ex- Concurrent and Senate Resolutions.’’) From fiscal year 1985 to fiscal year pense of building man’s next great ad- Mr. BUMPERS addressed the Chair. 1997, it has already cost the American venture of the space age. While I also The PRESIDING OFFICER. The Sen- people $19 billion. In its current form, am concerned about cost overruns and ator from Arkansas. the Senate appropriations bill would Russian participation, it is reasonable Mr. BUMPERS. Mr. President, I yield pour another $2.3 billion into this to expect some unforeseen costs given 15 minutes to my colleague from Ar- project. My distinguished colleague the complexity of the station. The crit- kansas. from Arkansas has offered an amend- ics also fail to mention that past fund- The PRESIDING OFFICER. The Sen- ment to the VA–HUD appropriations ing for the space station now exceeds ator from Arkansas, Mr. HUTCHINSON, bill which would end this cycle of proposed future investment. More than is recognized. waste. The Bumpers amendment would 50 percent of the costs have been paid, Mr. HUTCHINSON. Mr. President, I provide $850 million for the termi- and more than 80 percent of the devel- thank my colleague from Arkansas for nation of the International Space Sta- opment will be complete by the end of yielding the time. tion, make $450 million available to the current fiscal year. It does not I ask unanimous consent to be added HUD, and most important, redirect $1 make sense to abort this mission at as a cosponsor to the Bumpers amend- billion of the savings from the space this time. ment. station and make that money available It goes without saying that termi- The PRESIDING OFFICER. Without to the Veterans’ Health Administra- nation of the International Space Sta- objection, it is so ordered. tion medical care account.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7552 CONGRESSIONAL RECORD — SENATE July 7, 1998 Since its inception, the International occur from 1997 to 1998. NASA pushed project, would we defend it; were it any Space Station has become a looming phase II to occur from 1998 to 2000. other project with these kind of cost monstrosity of skyrocketing costs and Phase III, which involves additional overruns, delays, and wasteful spending scientific indefensibility. According to construction, including the addition of record, would we defend it? I would the latest GAO estimate, this will now European, Japanese and Canadian com- suggest to you we would not. But this cost the American taxpayers $96 bil- ponents, has been postponed from 1998 is our little baby that we are going to lion. That is up $2 billion from 1995— through 2002 to the years 2000 through protect at all costs regardless of how only 3 years ago. This enormous figure 2004. The first launch for phase II was much taxpayer dollars it wastes. We includes the costs of design, construc- originally scheduled for November of were not sent up to float a barrel of tion, launching, and 10 years of oper- 1997, later postponed to June of 1998, pork in outer space. ation, but it does not include future and is now scheduled for November of I want to say one other thing before schedule slippage, additional shuttle 1998. The completion date for the sta- I end my remarks. We go from the ex- launches to test the crew return vehi- tion, originally scheduled for June of traterrestrial to the terrestrial, be- cle, deconstruction at the end of the 2002, then 2003, is now scheduled for cause I think it is good that we are station’s life, as well as possible delays January of 2004. On and on we could go taking $1 billion of what is being wast- by our partners on their obligations to with these delays. ed on this project and putting it to- the project. With these additional fac- Clearly, delays and launches are like- ward veterans health care. There are 26 million veterans in this tors, the space station will undoubt- ly to increase, driving costs even to newer heights. There is much that I country. We hear from them. We hear edly take several more years and sev- of the waiting lines. We have 173 hos- eral billion more taxpayer dollars. It is would like to say. When I came up here, NASA lobbied me hard, telling pitals, and we have not built a new one a record we have seen time after time in a long, long time. We are rightly on the space station. me that though there had been mistakes and there had been cost over- moving to outpatient care. We cannot Costs have been increasing steadily. open enough clinics for veterans. We runs, they were going to tighten their So far, the American people have paid cannot make health care accessible belt, that it was going to be a new kind $19 billion into the project. Since the enough. The average age of veterans is of project with a new kind of fiscal aus- space station was conceived, cost esti- increasing, necessitating more fre- terity. I believe that the GAO report, mates have risen dramatically. Under quent care and longer convalescence. in addition to the cost assessment and the original space station concept, These are going to be greater needs as space station Freedom, the Reagan ad- validation task force that gave a simi- the World War II generation of vet- ministration estimated a cost of $8 bil- lar report, provides compelling evi- erans faces greater and greater health lion in 1983. NASA’s estimate rose to dence that NASA is not capable or is care needs. The increased demand in $16 billion by 1987. By 1993, the cost of unwilling to make those kinds of tough care strains the resources of VA med- developing and building the space sta- decisions. This is a project it is time to ical facilities. Many of them have to tion Freedom rose to $30 billion, with an end. drive many miles to get health care. I remember all of the eloquent argu- additional $60 billion for 30 years of op- High-quality medical personnel shy eration. In the same year, the GAO es- ments that my colleague from the away from VA hospitals because they timated a grand total of $118 billion for House side from the State of Texas find them less appealing and less lucra- all space station costs, including made in defense of the Super Collider. tive. Nurse practitioners rather than launches. Now, under the revised con- ‘‘We have to have the Super Collider.’’ doctors have become the norm in many cept of the International Space Sta- Almost every argument I heard today VA facilities. tion, NASA estimated $72 billion in was made in defense of the Super This is an opportunity for us to do a costs, including 10 years of operations Collider and the benefits, the spinoff service to this country by stopping a and shuttle costs. Those are a lot of benefits, we were going to receive in program that needs to be stopped. This figures. What is the American taxpayer society. Congress made a tough deci- is not—and I emphasize this is not—an to think? What are they to believe? sion that it could be better used in antiscience, an antitechnology vote. In the past 3 years, the GAO’s cost other forms of scientific research, and NASA will continue to have over $11 estimate for the station has increased we cut our losses. billion in fiscal year 1999. This is a by $1.7 billion. You can believe that. I cite the Cost Assessment and Vali- protechnology Congress. We consist- From $93.9 billion in June of 1995 to dation Task Force established by ently voted for increased funding for $95.6 billion in April of 1998. Why have NASA in September 1997 to independ- NIH and NAS, the National Academy of the costs increased? According to Allen ently review and assess the cost sched- Sciences. This is not an antiscience Li, Associate Director of Defense Ac- ules and performance schedules on the and antitechnology vote. It is a vote to quisitions at the GAO, during his June International Space Station. That was say here is one area that has been so 24, 1998, testimony before the House led by Mr. Jay Chabrow. They issued a egregious in wasteful spending that we Science Committee, there are a num- report this past April. This is what draw the line, we cut our losses, we ber of factors why that happened. they said. The most optimistic esti- stop the bleeding, and we are going to The higher development costs—$21.9 billion mate of the cost growth for the space take those savings and put it in where [1998] versus $17.4 billion [1995]—are attrib- station was over $2.195 billion. The we know it is going to be an invest- utable to schedule delays, additional prime most pessimistic estimate was $7.5 bil- ment in human beings in VA health contractor effort, not covered by funding re- lion. It estimated that it will take 2 care. serves, additional crew return vehicle costs, years longer to assemble the space sta- Michael Daly, a seventh grader from and costs incurred as a result of delays in tion, pushing the completion date to Sherwood, AR, wrote me a letter ask- the Russian-made Service Module. 2006. Personnel requirements spiral ing me the value of a future in the My colleague spoke eloquently about from 1,285 originally predicted, to over military. Do you know what that Russia’s role in the space station and 2,000. young seventh grader is thinking their delays in the cost overruns, and I would say to my conservative about? He is thinking not only about the fact that they simply are not capa- friends on the Republican side of the our commitment to our Armed Forces, ble of bearing their share of this bur- aisle that we were not sent up here to but how well we are going to meet our den. build up more government. We were commitment to our men and women In other words, schedule delays and not sent up here to support projects who have served as they leave the increased shuttle flights have driven that are good sounding, that have armed services and as they become the costs up dramatically. Unfortunately, noble objectives, but have a track veterans of this country. Are we going these delays are not new to the space record of wasting taxpayer dollars. to remember them? station project. Phase II of the project, That is not why we were sent up here. This is an opportunity for us to do a which involves construction of a U.S.- That is the record of this project. If we twin service to our veterans and to the Russian space station that can be per- just step back and set aside our con- taxpayers of this country in stopping manently occupied by three astro- servative Republican prejudices on this an indefensible wasteful spending pro- nauts, was originally scheduled to issue, and ask if it were any other gram. I urge my colleagues to support

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7553 Senator BUMPERS, who has been some- of spending the taxpayers’ money be- leagues that 40 percent of the GNP of times a lonely voice in pointing to the tween spending that money on pro- our country is now based on scientific catastrophic waste in the space sta- grams that have big constituencies in research that has occurred mostly in tion, and join us in ending that pro- the next election and investing that America since the 1920s and where gram this year and support our vet- money in science and technology in the high-energy physics has yielded prod- erans at the same time. future that really has a constituency ucts from the computer to the tele- I thank my colleague from Arkansas in the next generation. The problem vision. for yielding me this time. with maintaining science and tech- So the point is that when America Mr. BOND addressed the Chair. nology spending is that the value only was investing in those programs, they The PRESIDING OFFICER. The Sen- comes in the future, whereas by spend- were going to yield benefits 10 or 20 or ator from Missouri submitted a written ing money on programs with big polit- 30 years in the future. They have al- unanimous consent agreement to in- ical constituencies, the benefits politi- ways been politically disadvantaged. I clude material that he did not state cally come in the next election. The would simply like to conclude by re- orally; namely a prohibition against next election now is only a few months minding my colleagues, we have an second-degree amendments to amend- away. enormous Federal budget. We are ment number 3062. Did he mean that to It is not that Congress doesn’t value spending a lot of money on programs be a part of this unanimous consent investment in science and technology that have big, powerful, political con- agreement? that would develop new products and stituencies, and in a sense, politics is Mr. BOND. Yes. Mr. President, we new technologies, new know-how, and a about listening and responding to those amended that written statement as it scientific base that can create jobs in constituencies. first appeared to ask that it be a the 21st century and perhaps yield a ca- But I remind my colleague that there straight up-or-down vote on the Bump- pacity to heal some dreaded disease. It is another constituency, and that con- ers amendment pursuant to the request is that the benefits of such spending stituency is called the future. America raised by the Senator from Arkansas don’t appear between now and Novem- has invested more money in science who said there would not be any other ber 3rd. They come to fruition over than any country in the history of the motion. long periods of time as a result of the world, and in my opinion, there are two The PRESIDING OFFICER. The ma- accumulation of scientific knowledge. principal things that are responsible terial is a prohibition against second- Our problem, then, is not that Congress for the unique achievements of Amer- degree amendments. Does the Senator is antiscience, but that Congress in- ica. One is we have had a country with from Missouri wish to include second- vests in the next election rather than broad-based opportunities so ordinary degree amendments? the next generation. people could do extraordinary things, Mr. BOND. Yes. We included in the The amendment we have before us is and the other has been an investment amendment that there would be no sec- an old amendment. We have debated in and a commitment to science. I ond-degree amendments. this subject on many occasions. This is think we are moving away from that The PRESIDING OFFICER. Is there just the latest version of a long debate. commitment. I think we have already objection? Without objection, it is so But basically what the amendment be- moved too far. I wish we were here ordered. fore us proposes that we do is to cut today debating cutting other programs The Senator from Missouri. the Nation’s premier science project, to invest in science and technology in Mr. BOND. I thank the Chair. I yield and to use the money to invest in two the future, but we are here talking 10 minutes to the distinguished senior programs that have very large and about terminating the premier sci- Senator from Texas. vocal constituencies. Both of these pro- entific project in America which we The PRESIDING OFFICER. The Sen- grams are good programs. They both have undertaken with many nations ator from Texas. are obviously very desirable. But the around the world. Mr. GRAMM. Mr. President, I thank point is that we have a very limited I hope and trust this amendment will our colleague from Missouri for yield- science budget now. It has been re- be defeated, and it should be defeated. ing. duced from 5.7 percent of our budget in This amendment will not lower federal Mr. President, it is certainly true 1965 to 1.9 percent today, and this lat- spending by a nickel. This amendment that Congress has terminated many est effort to reduce it further comes at simply reduces money going to the science programs in the recent past. In the very time when we are beginning to space station and to science and tech- fact, in 1965 we were investing 5.7 cents get interest in the country in an initia- nology and to the future. So for that out of every dollar spent by the Fed- tive to double our expenditure on reason, I oppose the amendment. eral Government in non-defense re- science and technology and research, I yield the floor. The PRESIDING OFFICER. Who search in science and technology. But because we believe investment in the as a result of political decisions that yields time? future is critically important if we are Mr. BOND. Mr. President, I believe have been made for more than 30 years, going to continue to lead the world in we are now investing only 1.9 cents out the Senator from Alaska has a unani- science and technology job creation. I mous-consent request to speak as if in of every dollar of government spending think this amendment is simply a in science and technology research for morning business. movement in the wrong direction. Mr. MURKOWSKI. Mr. President, I the future. I do not doubt the sincerity of our ask unanimous consent that I may You have to ask the question when so colleague from Arkansas. He has of- speak as if in morning business for not many of our colleagues are so quick to fered this amendment, it is my under- more than 5 minutes. point out that they are not standing, for 8 years. It seems we have The PRESIDING OFFICER. Without antiscience—and I believe them—how debated it for a longer period of time objection, it is so ordered. The Senator is it that the science budget in the than that. from Alaska is recognized. budget of the U.S. Government, a budg- I remind my colleagues that we have Mr. MURKOWSKI. I thank the Chair. et which has exploded since 1965—‘‘ex- killed science projects. We killed the (The remarks of Mr. MURKOWSKI per- ploded’’ is the only word for it—how is SSC. We have cut science expenditures taining to the submission of S. Con. it that as the total budget has grown in in real dollar terms in virtually every Res. 107 are located in today’s RECORD leaps and bounds, our commitment to area of the Federal budget. But the under ‘‘Submission of Concurrent and invest in science and technology and to question is, Have we benefited as a na- Senate Resolutions.’’) invest in the future has declined from tion from doing that? We killed the Mr. BOND. I yield to my distin- 5.7 percent of the Federal budget to 1.9 premier scientific project in the world guished colleague from Arkansas. percent? when we killed the SSC, which was Mr. BUMPERS. Mr. President, I yield I submit, Mr. President, that our col- high-energy physics aimed at under- my distinguished colleague from Iowa leagues, Members of the House and standing the fundamental building 10 minutes. Senate, are not antiscience. Their blocks of nature. And while under- The PRESIDING OFFICER (Mr. problem, however, is that they are con- standing atomic physics does not sound SMITH of Oregon). The Senator from stantly forced to choose in the process very sexy in Congress, I remind my col- Iowa.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7554 CONGRESSIONAL RECORD — SENATE July 7, 1998 Mr. HARKIN. Mr. President, I thank pilot by the name of Neil Armstrong, science and the research. Billions of the Senator for yielding me this time. and that was not happenstance. It was dollars we poured down the rat hole on More than that, I thank Senator BUMP- not an accident that happened that that one. We finally terminated it. We ERS for his relentless pursuit, over the way, because we believed and our Gov- came to our senses and terminated it. years, of shedding more and more light ernment believed at that time that How many billions of dollars, though, on this issue of the space station. I say space should be a civilian exploration did we waste? at the outset that a vote for the Bump- enterprise. Then we watched as two And then, most recently, something ers amendment is a vote for space ex- things happened; as NASA became called the Superconducting Super ploration. A vote against Bumpers is a more and more militarized and as we Collider that was going to be built in vote for the status quo. It is a vote for retreated from Moon exploration to Texas. Oh, my gosh, to listen to the de- the myopic approach to space explo- near-Earth orbits. bates that went on around this floor ration and it is a vote for wasteful Then we were sold the space shuttle. about that—why, if we ended that one, spending for science that can be done Oh, it was going to be a great flying all science was going to come to a halt. better and cheaper. machine. It was going to reduce the Why, building the Superconducting I am foursquare with Senator BUMP- cost of launching material into near- Super Collider was going to unlock and ERS on his approach on the space sta- Earth orbit by a factor of 10. I remem- unravel the mysteries of the universe tion. It is a boondoggle and a waste of ber being told that. I was on the for us. Nonsense. Stuff and nonsense, money. Maybe Senator BUMPERS and I Science and Technology Committee. It that is what it was. are not foursquare on the issue of space was going to reduce launch cost by a We came to our senses and we killed exploration itself. That may be for an- factor of 10. We were going to have it—rightfully so, because the Super- other time and another debate. But on these reusable rockets and all that conducting Super Collider would have this issue, Senator BUMPERS is abso- kind of stuff. We are still waiting. We had the same effect on physical lutely right. are still waiting for that factor of 10 re- sciences as the space station is going I have been a longtime supporter of duction. It has never happened. to have on medical science. It is going aviation, aviation research, aviation I am convinced today, perhaps more to suck all the money right out of it, technology, pushing the boundaries of than I was at that time, that the shut- because once you build the space sta- aviation technology through science tle should never have been built. I am tion, then you have to justify it. How and technology and also for space. For convinced that, had we not gone ahead do you justify it? Through medical re- 10 years, I served in the House on the with the space shuttle but had com- search at $155,000 per man-hour. Where House Science and Technology Com- menced and continued our space explo- is the money going to come from for mittee. I was proud to chair the Avia- ration with the Saturn, that we could NIH? Where is the money going to tion and Materials Subcommittee of have had a fully operational Moon base come from for the research that has to that committee. I was proud to work to at this time with all that would mean be done here? It will not be left around. try to get more and more funds for for the world and for our country and, This will do to medical research just space exploration. But I watched, dur- yes, for science and technology. what the Superconducting Super ing those 10 years in the House on the Now, that brings me to the present Collider would have done to physical Science and Technology Committee, I time. If we build this space station for science research. And that is why so watched in dismay as NASA shifted, $98 billion and counting, it will effec- many physicists and scientists were op- gradually but determinatively, shifted tively suck all of the dollars out of posed to the Superconducting Super from a civilian space agency to an arm space exploration. That is why I said, Collider. They were right. That is why of the military. That can be seen in an oddly curious way, a vote for the so many scientists are opposed to the through the way that the space agency Bumpers amendment is a vote for space space station. They are right. It is time shifted in the late 1960s and early 1970s. exploration. A vote against him—for- to cut our losses. It became more and more an arm of the get about it. You are not going to do I remember—I was not here then, but Air Force. It became more and more an anything in space, because this is going I know my history—back in the 1950s, arm of our military establishment. to suck all the money out of it. Suck the Atomic Energy Commission, the I can remember the debates we had money out for what, scientific experi- head of it, Lewis Strauss, testified be- on that in the Science and Technology ments? fore a Senate committee and said that Committee back in the mid-1970s. I I listened to the speech given on the atomic energy would be so cheap in kind of understood that. We were in a floor by my good friend, Senator GLENN making electricity we wouldn’t even cold war with the Soviet Union. Space from Ohio, on all of the wonderful have to meter it. We are still waiting. was being used more and more for mili- science that is going to be done and the But look at the billions of dollars that tary purposes—spy satellites, that kind experimentation. We estimate the cost we have spent on nuclear power. I am of thing. But another interesting thing per man-hour for those scientific ex- not saying it hasn’t done some good, happened. We began to develop a thing periments to be about $155,000 per man- that we don’t get power from it. My called the space shuttle, which I be- hour. NIH can do it for less than $300 gosh, we are still fighting the battles of lieve was driven more by the desire of an hour. The Senator from Ohio says, what we are going to do with the Air Force pilots to fly than anything ‘‘Just think how much this is going to waste. Of course, we know now it is else. I think it was driven more by the energize young people to go into more expensive than anything else. If desire to be more than just a monkey science and into medical research.’’ If we build this space station, forget sitting on a seat. you want to encourage young people to about it, there will be no money left. I remember when the first shuttle go into medical research in this coun- The PRESIDING OFFICER. The Sen- took off. I was there for the launch, try, take that kind of money and put it ator has spoken for 10 minutes. and I remember we had the first shut- into NIH. You will hire thousands of Mr. HARKIN. If I can have an addi- tle astronauts back in the committee times more researchers doing that than tional 5 minutes. room for a hearing. I remember Neil you will spending $155,000 per man-hour Mr. BUMPERS. I yield an additional Armstrong was there. One Congress- for scientific research on this space 5 minutes to the Senator from Iowa. men stated how proud he was to see station. Put the money into NIH. Mr. HARKIN. The microgravity kind them land with dignity as they came I think it is time to cut our losses. of research that has been talked about back, rather than plopping in the ocean Do you know what this reminds me of, can be done on the shuttle. We don’t as they used to in the space capsules. I I say to Senator BUMPERS, this debate need a space station to do that. Or it thought at the time, what a tremen- we are having on the space station and can be done other ways. dous expenditure of money just so that listening to Senator GRAMM from In 1994, Mr. President, I read an arti- we could land that thing on a runway Texas? It reminds me of the debates we cle that was in Discover magazine and rather than plopping it in the ocean. had on something called the Clinch became entranced with it. Just today, I Let’s remember, the first man to set River breeder reactor. How many years had a long talk on the phone with Ed foot on the Moon was not a military we debated that; how much good it was Belbruno, a former NASA mathemati- person, it was a civilian, a civilian test going to do for our country and the cian. He has devised a new way of space

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7555 exploration. I won’t go into it. I don’t for that and all the promises it was In this case, it was referred to incor- have the time. I think it is fascinating, going to give us. Think about the rectly because, contrary to the asser- however. Superconducting Super Collider and tion that the program has a large over- Because of his theories, we could use what that was going to do for us. And run, the Chabrow task force reported 40 percent less energy to go to the then think about the scientists who op- that the program was—and this is a Moon and beyond—40 percent less—and posed the Clinch River breeder reactor. quote: it has already been proven. He did it Think about the scientists who opposed Diligent and resourceful in managing the once already in the early nineties. The the Superconducting Super Collider. unique challenges of this complex venture Japanese space agency is looking at it And now think about the scientists given the significant complexity and uncer- more, and so are the Europeans. I am who oppose this space station. tainty of international involvement and the sure my friend from Ohio will recognize Senator BUMPERS had it right. I saw difficult task of staying within annual and it by using what we call the ‘‘weak sta- a quote that he sent around in a ‘‘Dear total funding caps established prior to final program content definition. bility boundary theory.’’ Colleague’’ letter where the scientists I won’t go into all the theories of it, were saying, basically, why would you That indicates that there has been but physically it is fascinating about want to spend so much money on some- very responsible management. That is how we can use the gravity of the Sun, thing—here it is, Discover magazine. in the Chabrow task force report. the Moon, and the Earth to launch ve- Here we are back to my favorite maga- Further, the task force stated, refer- hicles from here to the Moon or to zine: ring to the ISS, the International Mars or beyond and use 40 percent less Is it possible to imagine a technological Space Station Program specifically, energy. undertaking so enormous that could garner and their quote is out of their report: What that means is today we have less respect from the scientific community? Although cost and schedule growth have the ability to return to the Moon and Discover magazine, May 1997. occurred, the magnitude of such growth has beyond using a lot less than we did be- They know why. If we build this not been unusual, even when compared with fore. Think of the excitement in that. space station, it is going to suck so other developmental programs of lesser com- Think of what we can do with explo- much money out of here, there won’t plexity. ration if we actually build a Moon be anything left. Oh, I suppose, as Sen- I think that is a compliment. I think base. Think of what that will mean in ator BUMPERS said, it will lose. I hope we should also note that many defense terms of scientific research and tech- not. I hope it wins. I hope we come to research and development programs nological advancements. Think of what our senses. have exceeded development cost esti- that will mean to us if we want to ex- I do believe this: The space station is mates by 20 to 40 percent, way out of plore the universe, not from the space not going to be built. It will never be the ball park of what we are talking station, that is not going to help it one completed. We may put up a module. about here, which indicates to me that single bit, but now we have the theory We will do some shuttle flights. The major technical developmental pro- Russians will never come through with and it has been proven; it has already grams have a degree of complexity that their, what, 50 flights or 60 flights? been done once. makes cost assessment very, very dif- Mr. President, this weekend I was in Forget about it, the Russians are not ficult—the point that I made in my Iceland. It occurred to me that in going to do it. They don’t have the original, more lengthy statement. about the year 900, around the year money. So who is going to pick up that We need to keep in mind what the 1000, Leif Ericson sailed to the New slack? Our taxpayers? We can take Chabrow report said in their task force that $98 billion and start multiplying it World, from Norway to Iceland to report, which is, to my way of think- out. Greenland to Newfoundland, almost all ing, complimentary to NASA about That is why I say today, this will be how they managed this program and the way down to what we now consider like Clinch River; it will be like the to be New York City. And they did it kept things under control. NASA per- Superconducting Super Collider. We sonnel numbers are way, way down. for years. Almost 500 years later, Chris- built some trenches down there. We topher Columbus decided to go a dif- The NASA budget has been flat over spent a couple billion dollars on it. We the last couple of years, and yet we ferent route, and it took him forever. spent a couple billion on the Clinch But you see, the Vikings had it right. have gone ahead with more efficient River breeder reactor also, and we fi- They could sail the North Sea on the management within NASA and I think nally came to our senses and said it new great circle route, come to the they should be complimented for given was a boondoggle. That is what will New World, turn around, and catch the the complex management environment happen with the space station. It is not Gulf Stream and zip back. They had it in which they have to work. So the going to be built, but what we can do is figured out. You can’t hardly blame Chabrow report has been quoted here take this money and do something a Columbus. They didn’t have it figured today, but I think the two quotes out lot cheaper and a lot better than build- out. They didn’t know. They sailed the of the Chabrow report should be noted. ing the space station. I reserve the balance of my time. southern ocean, down through the dol- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- drums, and it took them a long time. ator’s time has expired. They never quite figured it out. The Mr. BUMPERS. Does the Senator ator from Arkansas. Vikings did. You can’t really blame from Maryland wish the floor? Mr. BUMPERS. Mr. President, I yield Christopher Columbus. They didn’t Ms. MIKULSKI. If we are going to ro- myself such time as I may consume. have that knowledge. tate time, I know that the Senator Mr. President, first of all, let me re- You can’t blame us. We now know from Ohio had a few minutes that he mind my colleagues of how this all that there are cheaper and better wanted to use. I yield the Senator from started. This is a classic case of a space routes for space exploration than build- Ohio no more than 5 minutes for his station looking for justification. This ing a space station. We know that comments. chart shows where we started years there are better and cheaper ways of Mr. GLENN. Just 2 minutes. ago, with a crew size of eight and a doing microgravity research than on a The PRESIDING OFFICER. The Sen- cost of $8 billion. Here are the capabili- space station. We know there are bet- ator from Ohio. ties we were told that the space station ter and cheaper ways of doing medical Mr. GLENN. Mr. President, I thank would have. research than spending $155,000 per the floor manager of the bill, the dis- First of all, it would be a staging man-hour on the space station. tinguished Senator from Maryland. base to go on to Mars with. Carl Sagan If we rush ahead with this space sta- I want to make a point on a comment said that was a justification for it. He tion, we have no one to blame but our- that was made by the other Senator didn’t think much of its research po- selves. I ask my colleagues to think from Arkansas, Senator HUTCHINSON, tential. But as a staging base to Mars, back to the promises of the fifties when about the cost overruns and the budget he thought it was a great idea. we were going to meet our energy situation, because the Chabrow task A manufacturing facility—make needs so cheaply with nuclear power. force report has been alluded to today, gallium arsenide crystals, I suppose; Think about the Clinch River breeder sometimes correctly and sometimes in- space-based observatory; a transpor- reactor and how many votes were cast correctly. tation node; a servicing facility, to

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7556 CONGRESSIONAL RECORD — SENATE July 7, 1998 service shuttles or whoever might The Senator from Texas has a very gasps; nobody drew a deep breath when come up to visit the space station; as- legitimate reason for standing on the I started throwing these figures out. sembly facility—I don’t know what floor and defending the space station. I commend my distinguished col- they were going to assemble; a storage Texas gets $661 million a year out of it. league from Maryland, and I thank her facility. In all candor, I might be standing here most heartily and profoundly for her One by one, every single one of those up here arguing on the other side if Ar- kind words about my efforts on this. missions was eliminated as a justifica- kansas got $661 million a year. For my She mentioned the yellow lights that I tion for the space station. We have one colleagues who think you have a few had thrown up. I attended a meeting remaining, and that is a research lab- jobs in your State, 85 percent of this that she and the distinguished chair- oratory. So that is the reason you hear money goes to Alabama, Texas, and man of the subcommittee allowed me about how we are going to cure AIDS, California. The rest of you are just to attend, and in that hearing—inci- cancer, and all these magnificent barely a layer; you are nothing. dentally, Daniel Goldin was testi- things that will happen in medical re- If you consider yourselves a conserv- fying—I asked this question: ‘‘Mr. search in the space station—because ative but only when it fits your con- Goldin, is there a threshold for you? Is that is the last only justification any- venience, you go ahead and vote there a figure beyond which you are body can dream up. against my amendment. But if you say not willing to go? Is there a cost figure If you are having difficulty with you are a conservative and you don’t on the space station you are not will- that, write NASA and ask Adminis- believe in squandering billions and bil- ing to go beyond?’’ He must have trator Goldin to send you a copy of his lions of dollars of the taxpayers’ paused at least 15 seconds. Finally, he Chamber of Commerce glossy. It has it money, ask yourself a very simple said, ‘‘I really hadn’t thought about all in here. It has it all. If you are a question: What is your threshold? How it.’’ conservative—and most people in this high would this thing have to go before I have thought a lot about it. I have body profess to be conservatives—and you would have to rethink your posi- thought almost of nothing else since I you have any pang of conscience about tion? Forty-three percent cost overrun, started working on this. spending $100 billion for a boondoggle, just to build it on the ground? Is that So I ask my colleagues, what is your for utterly no redeemable purpose, if not troubling to you? Is the $7.3 billion threshold? In 1984, when Ronald Reagan you are having problems with that, overrun just announced in the past 8 first started talking about a space sta- write to NASA and get their glossy months, is that not troubling to you? tion at $8 billion, and now we are talk- brochure. It will just make you sleep so Is the fact that we are already ac- ing about $100 billion. much better. knowledging a $7.3 billion cost overrun Let me show you something. You see Mr. President, I can remember, as and headed in for the launching of this this $98 billion figure here? That is not the Senator from Iowa has pointed out, thing into space, and depending on the all of it. No. 1, the cost overruns are it took me 4 years to kill the Clinch Russians for 49 launches, does that going to skyrocket from here on. But River breeder. Howard Baker was ma- bother you? Who here believes that the even if they didn’t, this does not in- jority leader, and no matter how close Russians will be a player in this 1 year clude getting the space station down. we got, he always had two more votes from now? They are not going to meet Add $3 billion for that. So you are al- he could pull out of his pocket. I re- their deadline right now for launching ready well over $100 billion. When Ron- member that fateful date when we had the service module or what they call ald Reagan said it would be $8 billion too many votes for him to pull out of the functional cargo. to build this thing, I can only shutter his hip pocket, and he turned every- If we are going to keep the Russians to think what Ronald Reagan might body loose, and we got 75 or 80 votes to in the program, buy them out right think today if his $8 million was up to torpedo the Clinch River breeder. Who now. They are not going to participate. $100 billion. The conservatives who has lost any sleep about the Clinch They can’t. Let me reiterate. The Rus- were in the Senate when Ronald River breeder? And we saved billions. sian Cosmodrome at Baikonur, the Reagan was President would be gasping Everybody said, ‘‘They have broken principal launching place, which is in for breath. Nobody ever believed we ground; it is too late. We can’t quit Kazakhstan, has the electricity cut off were headed for such a pickle. now; we have our nose under the tent.’’ because they don’t pay their bills. How If you believe that all the premier We quit, and it has been God’s blessing can you launch a space station from a scientists in America don’t know what ever since we did. cosmodrome that has had its utilities they are talking about when they say The Superconducting Super Collider, cut off? microgravity research is of micro im- the gigantic hole in the ground in My junior colleague from Arkansas, portance, vote no, vote against my Texas—all I can think about is the Senator HUTCHINSON, invited you to amendment. If you think we are al- Senator from Texas, the senior Senator read the GAO report. Let me add the ready spending enough at NIH on can- from Texas, who defended the hole in Congressional Research Service report cer, Alzheimer’s, cardiovascular ill- the ground until the last dog died. I to that. You don’t have to believe what nesses, vote no. If you think $11.5 mil- was arguing all along that there was a I say or what Senator HARKIN said or lion per man-hour for every hour of re- superconducting super collider in Swit- Senator HUTCHINSON. Read the reports search that goes on in the space sta- zerland, at the European consortium that you always rely on, and see what tion is reasonable, vote against my called CERN. No, the SSC’s supporters they say. amendment. That is right, $11.5 million said, our’s got to be bigger than that Take a look at this chart. This sum- an hour—as the Senator from Iowa has one; got to be more expensive than marizes the so-called Chabrow report. already said, at NIH you can get re- that; got to have a 50-mile racetrack; The Chabrow Commission was ap- searchers who are the best in the coun- none of that 20 mile racetrack busi- pointed by Dan Goldin to analyze the try for $300 an hour. Divide the man- ness. We finally killed it after we spent space station. They were appointed by hours for research that you are going $2 billion. And who here has lost any Goldin, and Jay Chabrow is considered to get for this program for 10 years sleep over the Superconducting Super one of the best space technology ana- into $100 billion, it comes out to a cool Collider? Everybody ought to rejoice lysts in America. He says it will not $11.5 million per man-hour. every night that we saved $10 billion. cost $17.4 billion as NASA promised as Is nobody disturbed by this? So now here we go. How can a good recently as last year; it will cost $24.7 Mr. President, I am reluctant to conservative justify the kind of cost billion—a little over $7.3 billion cost start reading it to you again. But I do overruns we are looking at? How can overrun. How many children in Amer- want to quote Dr. Robert Park, a pro- you justify $100 billion when you think ica could you educate with that? How fessor of physics at the University of of the unmet needs in health care and many teachers’ salaries could you edu- Maryland and who has long been the education in this country? This pro- cate with that? How many classrooms spokesman for the American Physical gram as a research vehicle is precisely could you build with that? How many Society, which is all the physicists in 1,000 times less effective than doing the students could you cut out of class- America. Here is what he said while same research on Earth. So you ask, rooms with $7 billion? We act like it is testifying before a committee in the why are we doing it? nothing around here. Nobody even House on July 1, 1993. He was speaking

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7557 for the American Physical Society, Mr. FRIST. Mr. President, I rise in great industry to be space. And, yes; I which is 40,000 physicists. I promise support of the continued funding of the hope the Senate will soon take up con- you that virtually every one of them— International Space Station. Mr. Presi- sideration of the Commercial Space except those who are employed by dent, there is no denying that the Act of 1997 as a new industry. Commer- NASA—are opposed to this. Dr. Park, International Space Station has prob- cial space accounted for $7 billion in in testimony, speaking for all those lems. It has had real problems with the 1995. By one estimate space could be a physicists, said: prime contractor, the performance of $120 billion worldwide business by the It is in the view of the American Physical foreign partners and program manage- year 2000. This type of growth will Society that scientific justification is lack- ment, all of which are acknowledged, mean substantial changes in how ing for a permanently manned space station but all of which, I repeat, are being ad- things are currently done. in Earth’s orbit. We are concerned that the dressed by NASA and the U.S. Con- Historically, the government has potential contribution of a manned space station to the physical sciences has been gress. taken the lead on many long-term re- greatly overstated and that many of the sci- In the Commerce Committee, a price search projects. Many are high risk. entific objectives currently planned for the cap was approved for the International The outcome we simply don’t know. space station could be accomplished more ef- Space Station. This price cap, in my The benefits of that research we cannot fectively, with a much lower cost, on Earth. opinion, begins to address many of the predict. It goes on and on. He has a magnifi- guiding principles that I have discussed The Federal Government should con- cent statement. He says: here on the Senate floor—guiding prin- tinue this tradition by continuing to The only unique property for the space sta- ciples which direct our investment in build the International Space Station. tion environment is microgravity. In 23 research and development, and that is However, NASA simply cannot be given years of research, it has found little to no good science, fiscal accountability, and a blank check. We, the Members of this advantage from such an environment. program effectiveness. This program, body, must continue to hold NASA ac- Mr. President, what are we afraid of? indeed, represents a long-term invest- countable for good management of the Here we have a chance to save $80 bil- ment, and it is very hard for us on the program. lion. That ‘‘ain’t’’ beanbags. We are floor of the U.S. Senate and in this We must be prepared to deal with the going to spend an additional $80 billion Congress to understand the importance various risks associated with the pro- minimum on this program, plus the 20- of long-term investments. But this program. There are many challenges; something billion we have already vides a long-term investment in a one- many we can’t predict in assembling spent. If we continue to rely on the of-a-kind research facility. the components of the space station. Russians, you can depend on the space Although the price tag of this facil- The men and women who will make station costing $120 billion to $150 bility is approaching $100 billion over the this happen need and will continue to lion, easily—the most monumentally life of the station, the potential of the need the support of the American peo- expensive scientific undertaking in the research to be conducted in this space ple. There has been much discussion of history of the world, all at the expense station is enormous. As a scientist, as of the taxpayers. the report on the Cost Assessment and one who has conducted research, I un- Validation Task Force. They don’t rec- I plead with you—plead with you—to derstand that there are no guarantees use your common sense. You don’t ommend ending the program. They in research. However, if we are to con- simply say the program plan shall be have to abandon common sense when tinue to dream, to continue to want to you come on to the floor of the Senate. revised so that it is achievable within improve the quality of our lives, con- I promise you that you can justify this the financial resources available. I tinue to promote the economic sta- to your constituents. I said earlier, and think Congress should determine what bility of this country, vis-a-vis our I will say again, if you can’t justify a resources are available for the program neighbors, we must continue to con- vote against this program, you have no and allow NASA to complete it accord- duct such research, investing long- business being in the U.S. Senate. ingly. Mr. President, I know there are le- term. Mr. President, I look forward to the The space station will provide a gitimate concerns by people who have launching of the first element of the unique environment for research with a honest differences with me. I would station this fall, and I hope that we complete absence of gravity, allowing certainly never denigrate my friend, will soon see the beginning of another new insights into human health that JOHN GLENN. I know he believes fer- successful NASA project. vently in this. We all wish him well in we simply cannot explore today in any Mr. President, I urge support for con- the endeavor he is about to take in an- environment: research on cardio- tinued funding of the International other trip to space, and we applaud vascular disease, disease of the heart Space Station. him. As far as I am concerned, I hope and the vessels of the body, under- I yield the floor. Mr. BOND. Mr. President, is the Sen- they get some beneficial research out standing cancer, understanding hor- monal disorders and osteoporosis and ator prepared to yield back time? of him. But I can tell you that he Mr. BUMPERS. Mr. President, hap- didn’t have to go into a research how the immune system functions. Yes, we have heard a lot about it in the pily we have a Senator here. I have 4 project. If he just wanted to go up minutes 20 seconds remaining. I would there and look out the window, it last several hours—the whole issue of like to yield that to Senator DURBIN. would be fine with me, and it would be cost. We spent over $20 billion on this effort since its inception in 1985. Since Mr. DURBIN addressed the Chair. fine with everybody else in America, The PRESIDING OFFICER. The Sen- too. Before I ever met him, he was a the major redesign and the inclusion of the Russians in 1994, the program has ator from Illinois. hero of mine. I had tears in my eyes, Mr. DURBIN. Thank you, Mr. Presi- spent an additional $11 billion. These like every American did, when we saw dent. JOHN GLENN get out of that capsule. We amounts are for development only and Ms. MIKULSKI. Mr. President, if the all shared in his joy. We have shared don’t include the costs associated with Senator will withhold, a question to the joy of JOHN and Annie ever since he the shuttle to visit the Mir station. the Senator from Arkansas: Will he came to the Senate. We love him and The real question is, Should we sac- yield back the time, or is he going to we wish him well on everything—ex- rifice this $20 billion investment and use it all? cept the vote on this space station. terminate this project by some action Mr. BUMPERS. I only have 4 minutes I yield the floor. today? By ending this project, we not 20 seconds. I fully expect the Senator Mr. BOND. Mr. President, the offer only forego the importance of research from Illinois to use all of that. My time still stands. I would be delighted to to be conducted aboard the station, but will be used. offer an amendment to name it after also the technology development that Ms. MIKULSKI. I expect it, too. the distinguished Senator from Arkan- will be necessary to build and operate Mr. BUMPERS. Under the unani- sas. the space station. Research and devel- mous-consent agreement we will still I now yield 5 minutes to the Senator opment simply has played too impor- have 5 minutes each prior to the vote. from Tennessee. tant a role in the economic vitality of Is that correct? The PRESIDING OFFICER. The Sen- our Nation to put it at such great risk. Ms. MIKULSKI. That is correct. If ator from Tennessee is recognized. There are many that expect the next the Senator will withhold a second, I

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7558 CONGRESSIONAL RECORD — SENATE July 7, 1998 wish to advise the Chair that I will for diabetes, Alzheimer’s, cancer, and The fact is that we have doubled the leave the floor and delegate my author- heart disease, and instead, we are going budget for NIH over the last couple of ity to Senator GLENN until I return. to take another $80 billion and plow it years. It is not that we are not doing The PRESIDING OFFICER. Without into this project and send it up into things in that area. objection, it is so ordered. space. I repeat what I said earlier. If we are The Senator from Illinois is recog- I know that some people are ener- to wait until every problem in our nized. gized with the idea of space explo- country is solved before we put money Mr. DURBIN. Mr. President, before I ration, and I am one of them. I can re- into basic fundamental research out start, I believe there is an inquiry as to member JOHN GLENN, and I can remem- there, that is just the wrong way to go. whether there is any time remaining ber the walk on the Moon, and so many Senator DURBIN talks about child dis- on the other side on this amendment. other experiences in life, and going eases. Some of the protein crystal The PRESIDING OFFICER. There down to Cape Kennedy for a liftoff, and growth advances we are making these are 4 minutes. to feel that Earth rumble under your days is something that we can look for- Mr. DURBIN. Mr. President, I rise in feet when that rocket takes off is ward to as maybe helping solve some of support of the Bumpers amendment. I something you will never forget. That those childhood diseases. thank the Senator from Arkansas. This is exciting. Back to what the Senator from Iowa is a battle he has been waging for many Let me tell you what else is exciting. said again, though, I will point out years. I joined him as a Member of the It is exciting to pick up the morning that on the very flight that I will be on House, and I am happy to join him as a paper and to read that we have found a this fall in October, we have three dif- Member of the Senate. cure for a disease. It is exciting to be ferent areas of commercialization of Some might ask if I have taken leave able to tell the parent of a child that space in which one of the projects is of my senses to be on the floor of the their baby can live, that we have come commercial protein crystal growth. I U.S. Senate debating the elements of through with a new medical break- will not go into details. My 2 minutes the space program with JOHN GLENN on through. It is exciting for us to know won’t permit. But in that area, we are the other side. How do I find myself in that the next generation may not have in the commercialization of protein that predicament? In this instance, I to worry as much about Parkinson’s crystal growth experiments. We are have to say I disagree with my friend and Alzheimer’s. I find these revela- into another one on the commercial generic bioprocessing apparatus that we from Ohio and my long-time hero. I be- tions just as exciting, if not more so, are taking up in space. We have an- lieve the Senator from Arkansas is than a space liftoff. right. In 1984, President Reagan said to The Senator from Arkansas presents other one. I have already been briefed the American people that he had a dra- a challenge to us today. He basically is on these. We will be taking part in some of the research that is being done matic announcement to make. A per- saying to this Chamber, Will you look at that time. manent-manned space station, an at the facts as presented? Will you ac- international cooperative effort, is The other one is on what is called the knowledge the dramatic increase in cybex mission, and it is to perform going to be a staging area for further cost of this space station? Will you space exploration. It is a great oppor- IDA-funded, corporate microgravity come to the understanding, as we did biomedical cancer research; second tunity, and we will be able, at the cost with the Superconducting Super purpose: perform other IDA corporate of $8 billion from the U.S. taxpayers to Collider—that big tunnel in Texas, commercial microgravity research, and make this happen. Over the years, we which we finally decided was headed provide a turnkey service of commer- have watched the concept diminish and for nowhere—come to the conclusion cial access to space. the price explode. that this $80 billion could be better That is the way NASA has been As the Senator from Arkansas ex- spent right here on Earth for real needs going. That is the direction they want plains to us, just last year, after a of real people, whether it is in the area to go. thorough professional study was done, of medical research or education? The PRESIDING OFFICER. The Sen- they gave us an estimate that the first I urge my colleagues to join me in ator’s time has expired. phase of this project would cost—no, supporting the Senator from Arkansas Mr. GLENN. So this is almost built. not $17 billion, but in fact $24.7 billion, and to defeat this funding for the space It would be foolish to cut back now and a 40-percent cost overrun. Those who station. waste the money we put into it right have been watching this project since Thank you, Mr. President. when it is just about to pay off in a its inception and suggestion in 1984 Mr. GLENN addressed the Chair. great way, I think. have to wonder whether there is any The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- end in sight. ator from Ohio. ator from Missouri has 1 minute. For each year the cost of this project Mr. GLENN. Mr. President, how Mr. BOND. Mr. President, we have continues to mushroom, the uncer- much time? heard much discussion today about the tainty grows and the scope of the The PRESIDING OFFICER. Two cost of the space station. We have seen project diminishes. Over the years, the minutes. from independent analysis by leading debate over this space station has been Mr. GLENN. I thank the Chair. scientists that there are truly signifi- enlarged to go way beyond its original Mr. President, I want to reply to a cant scientific advances which can intent. It is now going to be a research couple of things which Senator HARKIN come from the International Space laboratory. indicated a little bit earlier. I was a Station, and we noted it serves many I have listened to those who have ar- little bit disquieted by the fact that he other functions. As the international gued for the space station say with a indicated that NASA is now an arm of scientific endeavor is furthered, it of- straight face, ‘‘If we could just have the military Air Force. I don’t know fers practical applications in research this space station, then we might one where on Earth that came from be- and potentially commercial manufac- day find a cure for AIDS, a cure for cause NASA has never been that. Mili- turing and materials processing. This cancer. We need to get up in a weight- tary payloads have been put up. But it is a tremendous step forward. We have less atmosphere with microgravity re- has not spilled over in that direction at heard about the Chabrow report. In it search, and that might be the break- all. It is still going along as a civilian the NASA advisory council says that through.’’ agency. It was declared to be by the task force members, with consider- Competent scientists rebut that con- Dwight Eisenhower, and has continued able experience, found the program to clusion, and common sense does as to be that every since. be consistent with the level of funding well, because we in the United States As far as money being sucked out, and that they have endorsed it. We of America today fund only 20 percent there is $98 billion. We are talking think that it is an important measure. of the approved applications for med- about $2.3 billion in this bill for the We would urge when the vote occurs ical research at the National Institutes next year for the International Space that Members oppose the amendment of Health. Here on God’s green Earth Station. Most of the hardware has al- offered by Senator BUMPERS. we are unable to come up with the ready been constructed, or is in the The PRESIDING OFFICER. All time money for sound research to find a cure final stages of being constructed. has expired.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7559 Under the previous order, the amend- housing program for the seriously and of Bloomington and to Indiana Univer- ment is set aside until 6:20. chronically mentally ill as the Depart- sity. In addition, Senator LUGAR and I Mrs. HUTCHISON. Mr. President, I ment distributes its 1999 funding? believe the MPRI is a worthwhile and would like to take a moment to com- Mr. BOND. I understand the concern appropriate project for funding under mend an extraordinarily successful col- of the distinguished Senator from New community development programs at laboration between NASA and the Mexico in providing sufficient housing the Department of Housing and Urban JASON Project, a private foundation for the mentally ill. I know that here Development. I join with Senator which is working to engage middle in the District of Columbia the supply LUGAR in requesting your assistance school students in grades 5–8 in science of supportive housing is of ongoing and consideration for funding for this and technology. Each year, JASON concern. I would concur with my col- important project as you move to con- electronically takes hundreds of thou- league with New Mexico that the Sec- ference with the House on the FY ’99 sands of our students on real scientific retary of Housing and Urban Develop- VA–HUD Appropriations bill. expeditions with world class scientists, ment should consider a proposal from Mr. BOND. Yes, I share the Senator’s researchers and explorers to work to- Cornerstone, Inc., to continue con- view that the MPRI project is a meri- gether with them on projects of dis- structing affordable housing for the se- torious one that should receive serious covery. NASA participates through riously and chronically mentally ill in consideration for funding by HUD in three of its research centers and the the District of Columbia. FY 1999. I am pleased to know of your expertise of many of its scientists. This Mr. DOMENICI. I thank the distin- support for this MPRI initiative, and collaboration is bringing real science guished Chairman for his consideration that you join with Sen. LUGAR in seek- to many students and teachers in the of this important matter. I join him in ing funds for this effort. Mr. COATS. I thank the Chairman. US and abroad, and I wanted to com- urging the Secretary of Housing and mend NASA’s work with JASON as a Urban Development to work with Cor- SMALL SYSTEM TECHNICAL ASSISTANCE AND THE SAFE DRINKING WATER ACT nerstone, Inc., on the continuation of model for public/private partnerships Mr. CHAFEE. Mr. President, page 67 an affordable housing program for the and educational leadership. of the committee report accompanying Mr. BOND. The committee is aware mentally ill in the Nation’s Capital. the Departments of Veterans Affairs of NASA’s partnership with JASON and Mr. LUGAR. Mr. President, Senator and Housing and Urban Development, we encourage NASA to continue and to COATS and I have shared with you this and Independent Agencies Appropria- expand this work during the next fiscal year our strong support for $2 million tions bill of 1999 includes $8 million for through the HUD Economic Develop- year. the National Rural Water Association. ment Initiative Account for the Mid- HOUSING FOR THE MENTALLY ILL In addition to the appropriation to the west Proton Radiation Institute Mr. DOMENICI. Mr. President, I National Rural Water Association, the (MPRI). The MPRI is an important eco- would like to raise the issue of housing Committee notes that ‘‘States are au- nomic development and cancer treat- for the mentally ill as the Senate dis- thorized to set aside 2 percent of the cusses this important VA–HUD–Inde- ment initiative at Indiana University, funds provided under their drinking pendent Agencies Appropriations bill. Bloomington, Indiana. This is an im- water State revolving fund allotment.’’ I have worked for many years to portant effort for the University, the I ask my friend from Missouri if he focus attention on the serious diseases City of Bloomington, and the State of and other members of the Appropria- that are mental illnesses. These are Indiana. Funding for this project was tions Committee are implying that the devastating diseases that can leave a not included as one of the 87 projects 2 percent set aside authorized in Sec- person significantly disabled and in listed for this account in S. Rept. 105– tion 1452(g)(2) of the Safe Drinking need of a variety of services, including 216. The MPRI project—like several Water Act Amendments of 1996 is to be affordable housing. science-related projects slated to re- used for grants made to the National Mr. President, I recently met with ceive funding as listed in S. Rept. 105– Rural Water Association and various representatives of a non-profit organi- 216—is beneficial from an economic de- regional community action organiza- zation, Cornerstone, Inc., that has pro- velopment perspective as well as in the tions? vided capital funding to construct area of health sciences research and Mr. BOND. Mr. President, I am not quality housing for the seriously and cancer treatment. This is our only making such an argument. It was not chronically mentally ill who reside in project request from the VA–HUD Sub- the Committee’s intention to imply, the District of Columbia. This program committee this year. As you move for- encourage or require States to use the began in 1994 when Congress directed ward with consideration of the final 2 percent set aside authorized in Sec- that $5 million of funding previously VA–HUD Appropriations bill, I hope tion 1452(g)(2) for the so called ‘‘circuit for St. Elizabeth’s Hospital be allo- you will give consideration to includ- rider’’ program. The Committee is cated for community-based housing. ing funds for this valuable and worth- aware that Section 1452(g)(2) gives With $3 million of this funding, Corner- while economic development project of States the discretion to use up to 2 per- stone has leveraged other resources to importance to my State. cent of their allotted revolving loan a total of $15 million that has been Mr. BOND. I appreciate the Senator’s funds to provide technical assistance to used to construct over 300 units of strong interest in the Midwest Proton small public water systems. The lan- housing for those with mental illness. Radiation Institute. I believe this guage was included in recognition of Cornerstone is now into its final year project will create economic growth in the fact that States have the ability to of funding under the original program. Indiana and contribute to improving increase funding in this area above the Continuation of this program with an- our nation’s cancer treatment activi- $8 million provided directly in this bill other $5 million in capital funding ties. As we move to conference with at their discretion. would enable over 350 patients cur- the House on S. 2168, we will give this Mr. CHAFEE. Mr. President, I thank rently residing at St. Elizabeth’s to be project every consideration for fund- the chairman of the Subcommittee on housed in affordable housing at signifi- ing. VA, HUD and Independent Agencies for cant savings over continued residence Mr. LUGAR. I thank the Chairman, clarifying the report. at the Hospital. Housing supported by for his comments and for his interest ENHANCED VOUCHERS Cornerstone, Inc., costs less than in this project. Mr. MACK. Mr. President, in the last $40,000 per unit compared to an esti- Mr. COATS. Of the $85 million set two appropriations acts, the Congress mated cost of $100,000 per patient at St. aside for the EDI account in S. 2168—as provided enhanced section 8 tenant- Elizabeth’s Hospital. This is the type of stated in S. Rept. 105–216—only $67 mil- based subsidies to low-income residents public-private partnership that can do lion earmarked for individual projects of certain multifamily housing prop- so much to help our communities. in 40 states. It appears funding is avail- erties whose owners have elected to Would the Chairman agree that it able for additional projects within the prepay their FHA-insured mortgages. would be worthwhile for the Secretary appropriated spending provided in the These enhanced vouchers were provided of Housing and Urban Development to bill. I believe the Midwest Proton Radi- to protect residents from displacement consider a proposal for continued fund- ation Institute is an important effort from their homes. I understand, how- ing of the Cornerstone, Inc. affordable that will be of great benefit to the city ever, that the Department of Housing

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7560 CONGRESSIONAL RECORD — SENATE July 7, 1998 and Urban Development (HUD) has in- cause of the proportion of elderly fa- only delayed, HUD may have to extend terpreted the appropriations language cilities and the way FMRs compare to the contracts at above market levels to so that previously assisted residents the relative costs of operating those fa- provide the PAEs adequate time to re- would pay an amount based on the cilities in certain areas as well as the structure the properties. This will re- same amount of rent on the date of random circumstances that may occur sult in additional costs to the govern- prepayment regardless of a change in in certain geographical areas in a given ment and result in shortfalls in the ap- their adjusted income. In other words, year. propriation for renewals. Further, the HUD would require previously assisted I would like to ask the Chairmen of uncertainty surrounding the rules and residents to no longer base their rent the HUD authorizing and appropria- regulations of the program will make contribution as a percentage of income. tions subcommittees for their clarifica- it difficult for project owners and resi- This policy interpretation will likely tion on the congressional intent of this dents to prepare for mark-to-market. force a section 8 assisted resident to issue. Mr. President, based on the Adminis- pay a higher percentage of their in- Mr. MACK. I thank my colleague tration’s less-than-adequate perform- come in rent if their income decreased from Iowa for raising this issue. The ance in selecting restructuring agents and potentially result in displacement. five percent waiver is a national limit, under the mark-to-market demonstra- Mr. President, HUD’s interpretation and the Secretary should exercise his tion programs, I would say that the seems contrary to the intent of the ap- authority in waiving this limitation concerns expressed by the Chairman of propriations language and the statu- for areas such as the upper Midwest. the Housing Subcommittee are valid. tory requirements under section 8 or Mr. BOND. I also thank my colleague Mr. MACK. I thank the Chairman of other rental assistance programs. I from Iowa for raising this issue. I con- the VA/HUD Appropriations Sub- would like to ask the Chairman of the cur with the Chairman of the Housing committee for his response and shared VA, HUD Appropriations Sub- Subcommittee that the five percent concerns. I would like to stress that committee if HUD has correctly inter- waiver is a national limit. This provi- the credibility of HUD is directly preted the intent of the appropriations sion was included in mark-to-market linked to its successful implementa- language. to ensure that properties, especially tion of the mark-to-market program. It Mr. BOND. I appreciate the Senator’s those that serve elderly persons in is imperative that the Department not attention to this issue. HUD has incor- rural areas, are not adversely affected only ensures that the program is im- rectly interpreted the enhanced vouch- by the debt refinancing and rent reduc- plemented in time and in compliance er language. Previously assisted resi- tion process. with the letter and spirit of the law, dents who receive enhanced vouchers Mr. HARKIN. I thank the two Sen- but it also ensures a smooth transition. should be paying the same percentage ators for their assistance in this mat- I believe that the legislation provides of income for rent as they had before ter and for their work on housing the Secretary with sufficient flexi- they had received the enhanced vouch- issues. bility in selecting PAEs and would er. This means that if a resident’s in- Mr. MACK. Mr. President, the highly recommend that the Secretary come decreases, their rental contribu- ‘‘mark-to-market’’ program that was use its current restructuring agents to tion should also decrease. The purpose enacted last year in the VA/HUD ap- continue as PAEs under the permanent of providing enhanced vouchers to pre- propriations act was expected to be im- program, especially if the program is viously assisted residents was to en- plemented by late October of this year. to be implemented in time. As I have sure that these residents would be pro- While I applaud the efforts of the Sec- advocated before, I would specifically tected from displacement or retary of Housing and Urban Develop- recommend the use of State and local unaffordable rent increases. ment (HUD) in preparing the imple- HFAs as PAEs. I would also like to state that I ex- mentation of the law, I am still con- HFAs have proven that they have the pect HUD to administer the enhanced cerned about its progress and ability to capacity and willingness to serve as voucher program in a manner that will meet the October deadline. the federal government’s partners in ensure a smooth transition for resi- I am concerned about the President’s affordable housing. Thirty HFAs have dents in prepayment developments. I failure after 9 months to nominate a been qualified by HUD to participate have heard of some administrative Director of the Office of Multifamily under the mark-to-market demonstra- problems with the enhanced voucher Housing Assisted Restructuring and tion program. Twenty-eight HFAs are program that has created undue and that interim regulations have not yet participating in the FHA risk-sharing unnecessary hardship for the residents. been published. I, however, would like program. Almost every state HFA has I would like to reemphasize that the to focus on the fact that HUD has not administered the successful Low In- transition should be administered so begun the process for selecting partici- come Housing Tax Credit program that residents are able to continue pating administrative entities (PAE). since the Congress created it in 1986. their tenancy with as little disturbance Without them, the program will not HFAs have financed more than 200,000 as possible. work. In the original mark-to-market Section 8 units and administer Section Mr. MACK. I appreciate the Senator’s legislation that passed the Senate as 8 contracts on behalf of HUD in many response and his leadership in pro- part of the Balanced Budget Act of cases. Thirty-four HFAs administer the tecting low-income families. 1997, State and local housing finance HOME program, under which multi- EXCEPTION RENTS FOR RURAL AREAS agencies (HFA) that had qualified family properties are being financed Mr. HARKIN. Mr. President, under under the mark-to-market demonstra- every year. last year’s VA/HUD appropriations act, tion and FHA risk-sharing programs It is clear from this evidence that the the Congress created a program called would automatically qualify as PAEs. HFAs are the most qualified to act as ‘‘mark-to-market’’ to reduce over- The Banking Committee felt strongly PAEs under the mark-to-market pro- market section 8 contract rents on that HFAs not only were the best enti- gram and more importantly, they are FHA-insured multifamily properties. ties to administer mark-to-market, but publicly accountable and have missions Section 514(g)(2)(A) of the mark-to- it also had concerns about HUD’s abil- that are aligned with HUD. I expect market program would authorize the ity to select qualified entities in a HUD to approve many HFAs as PAEs Secretary of Housing and Urban Devel- timely and objective manner. and provide them as much flexibility opment (HUD) to allow for exception Mr. BOND. I thank Senator MACK for as possible within appropriate param- rents over the 120 percent of fair mar- raising these concerns. I completely eters to administer the program. ket rent (FMR) limit for up to five per- agree that it is critical that the PAEs Mr. BOND. Based on their dem- cent of the restructured units in a be in place by October if the program is onstrated performance as the Senator year. There is some confusion, how- to be able to operate at that time. I from Florida has pointed out and my ever, if this five percent waiver is a na- also add that the consequences of not own knowledge of the Missouri Housing tional limit or a geographical limit. I implementing mark-to-market in a Finance Agency, I would also expect am concerned that certain areas, such timely manner are serious and could HUD to approve many HFAs as PAEs. I as the upper Midwest, the need for create havoc with contract expirations also agree that HUD should not require waivers may exceed five percent be- and renewals. Even if the program is the HFAs that act as PAEs to go

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7561 through any unnecessary administra- would always want to increase support stance abuse beds. At the same time, tive steps in restructuring properties. I for veterans programs further, I am the number of unique patients receiv- would especially be concerned if HUD enormously pleased with the result of ing outpatient mental health and sub- created impediments in the HFAs abil- their efforts. I would like to highlight stance abuse treatment has increased ity to provide financing, such as risk- several accomplishments in particular. by 8 percent. There is no question that sharing, for restructuring transactions. On the health care side of the ledger, outpatient based treatment for home- OWNERS’ RIGHT TO PREPAY FHA MORTGAGES the Committee on Appropriations rec- less veterans with mental illnesses and Mr. MACK. Mr. President, I under- ommended $17.25 billion for VA medical substance abuse disorders can be effec- stand that the Manager’s Amendment care, a substantial increase of $222 mil- tive, but such treatment must be cou- to the VA/HUD Appropriations Bill lion over the President’s request and pled with safe, supervised transitional contains an important provision that $192 million above the FY 1998 level. housing programs. VA grant programs allows owners to prepay its FHA-in- When these funds—$17.25 billion—are help to fill the void caused by the clo- sured multifamily housing mortgage. coupled with receipts collected under sure of inpatient services. This provision would continue current the Medical Care Cost Fund, the Vet- On the benefits side, I was very policy. erans Health Administration will have pleased to see that the Committee in- I would like to ask Senator BOND, the access to $17.92 billion in discretionary cluded an increase of $5 million for the Chairman of the VA, HUD Appropria- resources to care for sick and disabled Veterans Benefits Administration and tions Subcommittee, if he could con- veterans. tied the release of these funds to sub- firm this. I am also particularly gratified by mission of a plan implementing the Mr. BOND. I thank the Chairman of the Committee’s report language on recommendations of the National the Housing Subcommittee for raising the need for community-based out- Academy of Public Administration. VA this issue. The Senator is correct that patient clinics (CBOCs) in the Eastern continues to struggle to correctly adju- the Manager’s Amendment contains Panhandle of my home state of West dicate veterans’ benefits claims in a timely manner, and faces a backlog of language regarding the owner’s right Virginia. Indeed, the Committee noted pending cases and an increase in new to prepay its mortgage and continues that clinics in Petersburg and Franklin claims being filed. Additional funding, current housing policy that has been in will benefit approximately 2,000 vet- spent in a targeted manner, should effect for the past three years. This erans who have been forced to drive greatly improve VA’s decisionmaking long distances and spend the entire day policy change was originally made in ability. past appropriations legislation. at VA medical center for routine The Committee has also rec- Under the appropriations legislation health care. I am hopeful that VA will ommended a $2.2 million increase in and this year’s legislation, the Con- begin providing needed health care funds allocated for the Office of the gress restored the owner’s right to pre- services by the end of this year, if not General Counsel (OGC), Professional pay its mortgage under the Low In- sooner. Group VII, which represents the Sec- come Housing Preservation and Resi- I must also mention the extraor- retary before the U.S. Court of Vet- dent Homeownership Act of 1990 dinary work done by the Committee to erans Appeals. There is a growing (LIHPRHA). However, as a condition of appropriate substantial funds for the backlog of cases at the Court created prepayment, some resident protections VA medical and prosthetic research ac- by the loss of experienced attorneys were included in the appropriations law count. For the first time in many and increased productivity of the to prevent hardship for affected resi- years, the Administration had proposed Board of Veterans’ Appeals (BVA). Our dents. Specifically, upon prepayment, funding this account at the level of $300 veterans should not have to wait addi- an owner could not raise rents for 60 million. Although this amount rep- tional time for a decision because the days and eligible residents were pro- resents an increase compared to last OGC does not have the staff to litigate vided enhanced or ‘‘sticky’’ vouchers so year, unfortunately, this level of fund- their cases. that they could choose to remain in ing is not sufficient even to keep up Mr. President, in closing, I am their homes at an affordable rent. The with inflation, much less provide for pleased with what the Committee on provision of sticky vouchers were pro- any real growth. Appropriations has been able to do for vided in lieu of the resident protections For many years, the VA research pro- VA. I applaud the leadership of all the under LIHPRHA. In other words, the gram has suffered from flatline funding members of the Appropriations Com- provision of sticky vouchers and the that has hampered its ability to im- mittee, and especially those members prevention of raising rents for 60 days prove the quality of care provided to on the VA–HUD Subcommittee. permanently replaces the LIHPRHA veterans, attract well-trained physi- AMENDMENT NO. 3057 resident protections that included (1) cians, and advance medical treatments Mr. CHAFEE. Mr. President, I would providing relocation benefits, (2) keep- that can benefit the nation as a whole. like to thank Senators BOND and MI- ing rents at levels existing at the time In light of this, the Committee has KULSKI for including a provision in the of prepayment for three years, and (3) gone beyond the $300 million mark and manager’s amendment that makes it requiring owners to accept voucher allocated an additional $10 million. explicit that State Clean Water State holders. These additional funds will produce re- Revolving Loan Fund programs may Mr. MACK. I thank my colleague for search discoveries which will benefit continue the practice of collecting a his assistance. veterans and non-veterans alike. loan service fee to help cover the cost Mr. ROCKEFELLER. Mr. President, The bill before us also includes a sub- of administering the loans and man- as the ranking member of the Com- stantial increase for grants for con- aging the revolving loan fund. mittee on Veterans’ Affairs, I am struction of state extended care facili- Mr. President, there are approxi- pleased to offer my support for S. 2168, ties. The Committee recognized the im- mately fourteen States that charge a the FY 1999 Departments of Veterans portant role State Veterans Homes loan administration fee to revolving Affairs and Housing and Urban Devel- play in providing domiciliary and nurs- loan fund borrowers to cover some of opment, and Independent Agencies ap- ing home care to veterans and chose to the costs associated with the loan propriation bill, and most particularly recommend $90 million for this pro- transaction. As a service to the bor- for Title I, the section outlining fund- gram. This recommendation is $10 mil- rower, most of the States roll this fee ing for VA. lion more than the fiscal year 1998 into the loan so that it is repaid with Once again, the chair of the VA–HUD funding. interest over the duration of the loan. Subcommittee, Senator BOND, the The Committee also included report This is a tremendous help to the bor- ranking member, Senator MIKULSKI, language which emphasizes the need rower, who is often unable to pay the and the other members of the Sub- for VA to ensure funding for grants and fee upfront. The Environmental Pro- committee, have taken a reduced allo- per diem payment assistance to com- tection Agency (EPA) has recently ob- cation and tremendous limitations on munity-based providers of services to jected to this practice despite the fact funding, and have miraculously created homeless veterans. In the past three that it has been used since the incep- a bill which adequately addresses the years, VA has closed approximately tion of the revolving loan fund. EPA needs of America’s veterans. While I 4,500 acute mental health and sub- contends that this practice violates the

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7562 CONGRESSIONAL RECORD — SENATE July 7, 1998 four percent limitation on administra- ENVIRONMENTAL SELF-EVALUATIONS mittee’s allocation of funds between tive fees in Title VI of the Clean Water Mr. ALLARD. Mr. President I was the Transportation and VA/HUD Sub- Act. prepared to offer an amendment to the committees. The language included in the man- VA/HUD Appropriations bill that would Because of the arcane rules of the ager’s amendment will resolve this have taken away EPA’s authority to Senate, I and my cosponsors are pre- problem by allowing States to charge withdraw Colorado’s delegated environ- cluded from righting this profound administrative fees regardless of mental programs. EPA has been wrong that has been perpetrated whether they exceed the four percent threatening Colorado’s authorization against those who have served and sac- limitation. To ensure that this practice to administer delegated programs be- rificed for our country. is not abused, the fees cannot exceed cause of an environmental self-evalua- This amendment would not have been an amount the Administrator of EPA tion law the State passed in 1994. As my first attempt to rectify this shame- deems reasonable. many listening know, self-evaluation ful treatment of our Veterans. On the Mr. President, without this amend- laws allow companies, individuals, and tobacco bill, I sponsored legislation ment many of the Clean Water State local governments to go above and be- that would provide not less than $600 Revolving Loan Fund programs would yond what is required in seeking out million per year to the Department of face severe financial hardship that environmental problems under their ju- Veterans Affairs for veterans’ health would be detrimental to the health of risdiction. In return the entity who care activities for tobacco-related ill- the revolving loan fund program. performed the audit is protected from nesses and disability and directed the Once again, I would like to thank fines. Colorado’s law makes good sense, Secretary of Veterans Affairs to assist Senators BOND and MIKULSKI for in- in fact in the short time it has been in such veterans as is appropriate. The cluding this very important amend- existence those who have availed them- amendment would have provided a ment in their manager’s package. selves of it have found and corrected minimum of $3 billion over five years many environmental problems that for those veterans that are afflicted FEMA otherwise would have gone undetected. with tobacco-related illnesses and dis- Mr. LEAHY. Mr. President, I have a However, last February I became ability. Additionally, the amendment great appreciation for the fine work aware that EPA may not have been would have provided smoking cessation Senator MIKULSKI and Senator BOND taking the State of Colorado seriously care to veterans from various programs have put into crafting this difficult with respect to negotiations on the established under the tobacco bill. Un- bill. The VA, HUD and Independent self-evaluation law. At that time I fortunately, when the tobacco bill was Agencies Appropriations bill in par- stated my intention to object to an returned to the Commerce, Science, ticular deals with many tough issues EPA nominee. Subsequently, I dropped and Transportation Committee, the and competing demands. One of the my objection to their nominee after funding vehicle for those afflicted vet- smaller agencies which I would like to speaking with Assistant Administrator erans suffering from smoking-related bring attention to today is the Federal Herman about my concerns. He agreed illnesses, went with it. Emergency Management Agency to do his best to ensure that negotia- The failure to address the tobacco-re- (FEMA). tions occurred in good faith and that lated health care needs of our men and Just a few weeks ago FEMA invited they were inclusive of Colorado’s elect- women who faithfully served their Lamoille County in Vermont to be- ed officials who had an interest in the country in uniform would be wrong. come a part of Project Impact, FEMA’s manner. Over the past several weeks I Congress cannot continue to rob from pre-disaster mitigation program. This became concerned that EPA had not veterans, whose programs have been se- is a program that is partnering with followed through on this commitment. riously underfunded for years, to pay communities, and the private sector, to I was particularly distressed at the for special interest projects. make communities more resistant to prospect that EPA had promised me Mr. President, I want to assure my natural disaster. they would take an action and then colleagues, and more importantly, our The importance of this kind of pre- turned around and ignored their prom- veterans, that this issue is far from disaster planning was driven home this ise. Earlier today Assistant Adminis- dead. I am even more compelled and past weekend as Lamoille, along with trator Herman called me and assured committed to find a vehicle to restore Addison, Chittenden, Franklin, Orange, me that he had been faithful with re- the critical funding that was so self- Rutland, Washington, and Windsor spect to the previous agreement we had ishly taken by members of this body. Counties in Vermont were again dev- made. However, he agreed to redouble Mr. President, our veterans—those who astated by severe storms and flooding. his efforts in negotiating an agreement served and sacrificed, those who trust- On June 30th, the President declared to the audit issue in Colorado that has ed, and in this case were betrayed by these areas in Vermont a major dis- broad based support because of broad their government—deserve no less. aster. I toured the area with FEMA of- based involvement among policy mak- AMENDMENT NO. 3063 ficials last week and, thanks to the ers and other local officials. (Purpose: To amend the Public Health Serv- hard work and spirit of the people of While my inclination is still to offer ice Act and the Employee Retirement In- Vermont, the local public safety forces my amendment, I am willing to forego come Security Act of 1974 to protect con- and FEMA, those communities are be- it in this instance. However, should I sumers in managed care plans and other ginning to recover. Project Impact find that EPA is attempting to exclude health coverage) could help counties like Lamoille take people from negotiations on Colorado’s Mr. DASCHLE. Mr. President, I have steps to reduce the costs and public environmental audit law I will revisit an amendment and I send it to the health risks of these kinds of disasters this issue soon. desk. in the future. VETERANS’ TOBACCO-RELATED ILLNESSES AND The PRESIDING OFFICER. The FEMA Director, James Lee Witt is a DISABILITY clerk will report. friend to just about every member of Mr. MCCAIN. Mr. President, I had Mr. DASCHLE. Mr. President, I know the Senate. He and his staff, both here every intention to offer an amendment there is an understanding that we will and in the regional offices, have been to the Veterans’ Affairs/Housing and go to the veterans amendment at some there for our states through all manner Urban Development Appropriations bill point, and I would be happy to lay of natural disasters. To maintain that would restore the $10.5 billion in aside this amendment to accommodate FEMA’s capability to respond so quick- funding that was so egregiously and ea- Senator MCCAIN and others who may ly to the needs of our states, I believe gerly taken from our nation’s veterans wish to offer their amendment, with Congress should support the levels of to fund pork-laden highway programs the understanding that we might have funding for FEMA recommended in the in the Intermodal Surface Transpor- a vote on both amendments at some President’s budget. Again, I congratu- tation Efficiency Act of 1998 (ISTEA). point in the future. But I wanted to lay late Senator BOND and Senator MIKUL- Unfortunately, there was simply no this amendment down, and I will be SKI for their fine work and know they possibility that this amendment would brief because I know the distinguished share my support for FEMA and the be adopted, simply because of the in- Senator from New Mexico also wishes work it does. flexibility of the Appropriations Com- to speak.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7563 The PRESIDING OFFICER. If the Every day we fail to act on basic pa- Chabrow Commission, appointed by leader will withhold, the clerk needs to tient protections, the list of families Daniel Goldin, the administrator of report. who suffer continues to grow. We have NASA, Jay Chabrow, probably the best The assistant legislative clerk read fewer than 10 weeks remaining before space policy analyst in America, comes as follows: the end of the session. We have yet to back and says the first part is not The Senator from South Dakota [Mr. spend 1 day talking about the Patients’ going to cost $17.4 billion; NASA is DASCHLE] proposes an amendment numbered Bill of Rights, debating patient protec- going to take 10 to 38 months longer 3063. tions, and dealing with this issue in a than they told you, and it will cost Mr. DASCHLE. Mr. President, I ask comprehensive way. My hope is that we $24.7 billion. That is $7.3 billion—a 43- unanimous consent that reading of the can work through this amendment and percent cost overrun and we haven’t amendment be dispensed with. come up with a way in which to ad- even finished building it yet. The PRESIDING OFFICER. Without dress this issue on this bill. If you think that is a cost overrun, objection, it is so ordered. I also would like very much to be wait until the Russians start reneging. The amendment is printed in today’s able to schedule debate and a vote on Jay Chabrow says you will not have RECORD under ‘‘Amendments Sub- this legislation. To date, we have not this thing finished in early 2003. You mitted.’’ been able to do that. So I offer this will be lucky to have it finished early Mr. DASCHLE. Mr. President, the amendment in good faith and hope that 2006. So when the Russians start reneg- issue of patient protection is among we can finally come to closure on what ing on their part of it, we have about 80 the most important health questions I consider to be the single most impor- launches to deploy this thing, and the facing the American people today. In tant piece of health legislation facing Russians are going to be responsible for survey after survey, the American peo- the Congress and our country today. about 40 of them, between 40 and 49. ple have said without equivocation I yield the floor. Who here believes that a country who that they want Congress to deal with Mr. BOND addressed the Chair. can’t even pay the electric bill at their this issue. More and more, from places The PRESIDING OFFICER. The Sen- principal cosmodrome is going to come all over the country, we hear reports ator from Missouri. through on their commitment with about victims of our current system Mr. BOND. Mr. President, I regret that many flights? Every time they re- and cries for reform. The need to ad- that the minority leader has chosen to nege it will cost us close to $1 billion. dress this issue, this year, has become add a totally new subject to this de- I asked my colleagues this afternoon, more and more pronounced. bate. I know there have been discus- and I repeat the challenge, I have For many months, we have worked in sions at the leadership level about talked endlessly about the cost over- concert with the White House and with scheduling debate on it. runs we are experiencing and the ones our House colleagues to come up with a I suggest the absence of a quorum. we are going to experience, and accord- way to comprehensively respond to the The PRESIDING OFFICER. The ing to the way we have debated this growing array of concerns and prob- clerk will call the roll. thing this afternoon, those cost over- lems that people from all over the The assistant legislative clerk pro- runs are like Ross Perot’s crazy aunt in country have raised as they talk about ceeded to call the roll. the basement; we ignore it. I can tell the current situation we face with re- Mr. KENNEDY. Mr. President, I ask you that crazy aunt in the basement gard to health insurance and HMOs. unanimous consent that the order for will have a lot of company unless we After a great deal of attention, the quorum call be rescinded. kill this program now. study, thoughtful analysis, and work- Mr. BOND. Objection. You can save $80 billion. We have yet ing with over 100 organizations from all The PRESIDING OFFICER. Objec- to spend $80 billion. If the cost over- philosophical and political persuasions, tion is heard. runs are anything even close to what we have introduced legislation that The assistant legislative clerk con- they are looking at now, what Jay provides a number of very basic patient tinued with the call of the roll. Chabrow says is a distinct possibility, protections: providing access to needed Mr. BOND. Mr. President, I ask unan- you are talking about $100 billion to specialists including pediatric special- imous consent that the order for the $150 billion, and every research sci- ists for children; ensuring access to an quorum call be rescinded. entist in America says it is of highly independent appeal board when insur- The PRESIDING OFFICER (Mr. questionable value. As a matter of fact, ance companies deny care and requir- INHOFE). Without objection, it is so or- virtually every one of them are ada- ing timely resolution of those appeals; dered. mantly opposed to it. I reserve the balance of my time. guaranteeing access to the closest AMENDMENT NO. 3062 Mr. BOND. I yield 2 minutes to the emergency room so that people don’t The PRESIDING OFFICER. The distinguished Senator from Texas. have to waste precious time as they pending question is the Bumpers The PRESIDING OFFICER. The Sen- drive miles to save their insurance amendment No. 3062. ator from Texas. company a few dollars; allowing pa- Mr. BUMPERS. Mr. President, I yield Mrs. HUTCHISON. I want to thank tients to see the same doctor through a myself 3 minutes. Senator BOND very much for allowing pregnancy or a difficult treatment even I assume most everybody in this Sen- me to be in the summation. Because of if their doctor stops participating in an ate now understands that we are debat- a family emergency I just arrived. HMO; allowing women direct access to ing an amendment that would termi- Mr. President, I do admire the tenac- their ob/gyn without asking their in- nate the space station, save $80 billion ity of the Senator from Arkansas, for surance company for permission; pre- over the next 15 years, and this year he has tried 15 straight times to sub- venting drive-through mastectomies alone put $1 billion in veterans medi- marine the space station, in a mixed and other inappropriate insurance com- cine, $450 million into low-rent hous- metaphor. But I do think the Senator pany interference with good medical ing. is wrong. practice; and holding HMOs account- I hate to call a program that has I think the Senate will rise above his able when their decisions to deny or been successful in most ways, almost arguments, which would have the delay health care result in injury or comical, but there is no way to de- world’s greatest superpower saying to death. scribe what is going on with the space all of the other nations that have put These provisions, and a number of station right now any other way. We their money into this project, we are others that I will not list now, were have been told from the beginning it going to walk away from an experi- very carefully thought through before would cost $17.4 billion to build the sta- mental project, 90 percent complete. we incorporated them in this patient tion on Earth. There are three stages: This project is succeeding. What we are protection bill. I do not know of an- No. 1, you have to build it; No. 2, you going to be able to do has already other piece of legislation that has high- have to put it in space; No. 3, you have begun to be tested in the early stages, er priority. I do not know of another to operate it for 10 years. and that is use microgravity conditions piece of legislation that deserves the What are we looking at? We are look- to grow tissue, which you can’t do on attention of the Senate more than this ing at a $100 billion cost today. Since Earth. You can’t simulate this proce- one. last October 1, since last October 1, the dure on Earth. It means we will be able

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7564 CONGRESSIONAL RECORD — SENATE July 7, 1998 to take defective tissues, without Mr. BOND. Mr. President, I yield the scheduled growth have occurred, the harming the patient, and experi- remaining time on this side to the dis- magnitude of such growth has not been menting without harming the patient. tinguished Senator from Ohio. unusual, even when compared with It is biomedical research. We have Mr. GLENN. Mr. President, how other developmental programs of lesser partners—the United States, Canada, much time remains? complexity. Italy, Belgium, Netherlands, Denmark, The PRESIDING OFFICER. There The PRESIDING OFFICER. The Norway, Spain, France, Germany, the are 2 minutes 48 seconds remaining. question occurs on amendment No. 3062 UK, Japan, and Russia—in this project. Mr. GLENN. Mr. President, we have offered by the Senator from Arkansas. Yes, the Russians are having trouble. addressed costs here. This $96 billion is Mr. BOND. Mr. President, I ask for We know that. Does that mean we will a fictitious figure; $40 billion of that, the yeas and nays. walk away from all of our other inter- by NASA estimates, includes shuttle The PRESIDING OFFICER. Is there a national partners? The United States costs that are going to go on anyway. sufficient second? has been the leader in technical ad- Besides all those big figures taken into There is a sufficient second. vances. It is why we have been able to a 15-year account here, what we are The yeas and nays were ordered. get all of the benefits that we have talking about in this bill is for fiscal The PRESIDING OFFICER. The seen from space research, because we 1999? We are talking about $2.3 billion question is on agreeing to the amend- have been willing to take the risk. Ex- versus $2.1 billion for last year, not a ment. The yeas and nays have been or- periments are not precise. You make huge increase. dered. The clerk will call the roll. mistakes when you are the first one Now, there are always going to be The legislative clerk called the roll. out there. competing needs for every bit of re- Mr. FORD. I announce that the Sen- You can’t draw the budget for the search. If we ever tried to solve all ator from Hawaii (Mr. INOUYE) is nec- first time and say you have to stay problems and to do everything we essarily absent. within this budget. Yes, it may take a wanted to do before we made research, The PRESIDING OFFICER. Are there couple more years. But if we can find a we would never have moved off the east any other Senators in the Chamber de- cure for ovarian cancer, for breast can- coast. Basic research is a way of life, siring to vote? cer, for osteoporosis, then I think a fundamental. This is a new laboratory The result was announced—yeas 33, couple of years or 3 years working this we are working on. It is our experience nays 66, as follows: out together, perhaps getting new part- that dollars spent on research seem to [Rollcall Vote No. 185 Leg.] ners, which is what we ought to be have a way of paying off in the future YEAS—33 beyond anything we ever foresee at the doing, instead of saying let’s walk Abraham Dorgan Leahy away, 90 percent into a project, with outset. That has been the history of Ashcroft Durbin Levin all of the other countries that have de- this country. We have gotten to the Baucus Feingold Lugar pended on us. place now where much of the space pro- Bryan Harkin Moynihan gram is increasingly going commercial. Bumpers Hollings Reed We are the world’s greatest super- Byrd Hutchinson Snowe power. We are not going to walk away On the flight we will be on, STS–95, Chafee Jeffords Specter from our partnership. We are not going we will have three specific projects. We Coats Johnson Thomas to walk away from the leadership, at will have basic research, besides what Collins Kennedy Warner Conrad Kohl Wellstone least that is not the country I rep- we are talking about, in the physical Daschle Lautenberg Wyden resent. Most certainly, I don’t think sciences, in the bio area. We will have NAYS—66 the Senate would do something so nar- the Spartan spacecraft making the row. measurements of the Sun and solar Akaka Ford McCain Allard Frist McConnell Mr. BUMPERS. The Senator from winds. We will have research on aging, Bennett Glenn Mikulski Texas just alluded to curing breast with which I will be involved. We will Biden Gorton Moseley-Braun cancer and curing several other dis- have ultraviolet measurements that Bingaman Graham Murkowski will be probably the most accurate ever Bond Gramm Murray eases. You could fund the National In- Boxer Grams Nickles stitutes of Health God knows how made in space. These things cannot be Breaux Grassley Reid many times for what this thing will done except in zero-G, not on the Brownback Gregg Robb cost. You are not going to cure any- ground. Burns Hagel Roberts We are talking about payoffs in com- Campbell Hatch Rockefeller thing with this. That is the reason Cleland Helms Roth America’s physicists, cell biologists, mercial areas with three different Cochran Hutchison Santorum and medical scientists are all opposed projects on STS–95. We are almost Coverdell Inhofe Sarbanes there. The figure was quoted a moment Craig Kempthorne Sessions to it. D’Amato Kerrey Shelby You know what this space station is ago that 90 percent of our hardware has DeWine Kerry Smith (NH) going to cost per man-hour of re- been built. I think 75 percent of the Dodd Kyl Smith (OR) search?—$11.5 million per hour. Can milestones have already been passed. Domenici Landrieu Stevens The first elements are due to be Enzi Lieberman Thompson you imagine us, with our eyes wide Faircloth Lott Thurmond open, saying we are going to build a launched later this year. I think the Feinstein Mack Torricelli space station for research purposes Russians are due to launch the first NOT VOTING—1 that will cost $11.5 million an hour. It node, module, on November 20, and we is the height of irresponsibility. are scheduled to launch the first Inouye The American people have a right to United States one on December 3. The amendment (No. 3062) was re- expect us to be fiscally responsible. I It is a 16-nation commitment that we jected. want to ask my colleagues in closing, have. Certainly, it is better to be work- Mr. LOTT addressed the Chair. how far are you willing to go? What is ing peacefully together than to be The PRESIDING OFFICER. The ma- the threshold beyond which you are thinking about war, which we were a jority leader is recognized. not willing to go? We have gone from $8 few years ago. It is the biggest, most Mr. LOTT. Mr. President, for the in- billion to $100 billion for the space sta- incredible scientific engineering exper- formation of all Senators, this vote in tion and we are headed for $150 to $200 iment ever tried internationally. I relation to the space station was the billion. We kill the Super Collider, we think there can be incredible scientific last vote of the evening. Wednesday, kill the Clinch River Breeder, and who possibilities and results from this, not the Senate will consider the IRS con- here misses them? We save America only in medicine, but learning about ference report. I expect a considerable billions of dollars. You have a chance our world and our solar system, inspir- amount of time for debate to occur to save $80 billion right now and help ing our young people to explore and to with respect to this IRS reform and re- veterans, help veterans and help people learn. The benefits are not out there in structure bill. A lot of Senators put a who are desperately needing low-rent space. The benefits are for us right lot of time into it. There are some im- housing. here on Earth. That is the important portant provisions I know they will I plead with my opponents to support part of this whole thing. The Chabrow want to emphasize. Therefore, a late this amendment. report said this. Although costs in afternoon or early evening vote can be

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7565 expected to occur with respect to the CLOTURE MOTION The minority leader. IRS reform legislation. We, the undersigned Senators, in accord- Mr. DASCHLE. I thank the distin- ance with the provisions of rule XXII of the f guished Senator from Kentucky. Standing Rules of the Senate, hereby move WELCOME BACK, SENATOR to bring to a close debate on the pending Mr. President, I am very dis- SPECTER amendment to Calendar No. 90, S. 648, the appointed with the action just taken Product Liability Reform Act of 1997: by my good friend, the majority leader. Mr. LOTT. Also, at this point I would He has filed cloture on one of the most like to welcome back our colleague, Mr. LOTT. Mr. President, this is the controversial, complex, far-reaching the senior Senator from Pennsylvania, cloture motion on the substitute product liability bill, and so for the infor- pieces of legal legislation that we will Mr. SPECTER, who is recently back address in this decade. We have done from surgery, and he just made this mation of all Senators, this vote will this before, and it would seem to me vote this afternoon. occur on Thursday of this week. I will that our colleagues would understand (Applause, Senators rising.) consult with the Democratic leader as that when this happens, we are denying Mr. LOTT. I am sure he was watching to exactly what time that will be. And I now ask that the mandatory the very function of the U.S. Senate, that on TV essentially, but he did quorum under rule XXII be waived. the right of every Senator to offer make this vote, and we are glad to Mr. BYRD. Mr. President, reserving amendments, the right to have a delib- have him back. the right to object, and I do not intend erative—— f to object, may we have a reading of Mr. DODD. Mr. President, the Senate PRODUCT LIABILITY REFORM ACT those Members who signed the cloture is not in order. OF 1997—MOTION TO PROCEED motion. (Mr. ALLARD assumed the Chair.) The PRESIDING OFFICER. The The Senate continued with the con- clerk will continue to read. Mr. DASCHLE. It is the right of all sideration of the motion. The legislative clerk continued the Senators to fulfill the functions of Mr. LOTT. Mr. President, I know of reading of the cloture motion. their responsibilities as U.S. Senators no further requests for time on the Senators Trent Lott, Don Nickles, Slade to offer amendments, to have a debate. pending motion to proceed to the prod- Gorton, Phil Gramm, John McCain, For us to file cloture, for the Senate to uct liability bill. Spencer Abraham, Dan Coats, Dick file cloture on a bill of this import, Mr. DASCHLE. Mr. President, could Lugar, Lauch Faircloth, John Chafee, without one speech, without one we have order? Sam Brownback, Ted Stevens, Jon Kyl, amendment, without any consider- The PRESIDING OFFICER. The Sen- Jeff Sessions, Mike Enzi, and Judd ation, is absolutely reprehensible. Gregg. ate will come to order. I am very, very disappointed that the Senators will take their conversa- The PRESIDING OFFICER. Without majority leader has seen fit to do it. I tions outside. objection, it is so ordered. guess I would ask, What are they afraid Mr. LOTT. I believe the question is Mr. LOTT. As a reminder, then, to all of? What is it they don’t want us to on the motion? Senators, under the provisions of rule offer? What is it about the amendment The PRESIDING OFFICER. That is XXII, all first-degree amendments process that worries our colleagues on the regular order. must be filed by 1 p.m. on Wednesday, the other side? What is it about not Is there further debate on the mo- and all second-degree amendments having a good debate that so appeals to tion? must be filed 1 hour prior to the clo- them? Mr. President, I don’t know. The motion was agreed to. ture vote. But I do know this. Senators on this f f side of the aisle will continue to fight PRODUCT LIABILITY REFORM ACT INTERNAL REVENUE SERVICE RE- for our rights to offer amendments, re- OF 1997 STRUCTURING AND REFORM ACT gardless of circumstance. There are OF 1998—CONFERENCE REPORT The PRESIDING OFFICER. The many of our colleagues who may sup- clerk will report. Mr. LOTT. I now move to proceed to port this bill on final passage, and I re- The legislative clerk read as follows: the conference report to accompany spect their rights even though I dis- H.R. 2676, the IRS reform bill. agree. I personally think this bill is as A bill (S. 648) to establish legal standards bad as all the others that have been and procedures for product liability litiga- The PRESIDING OFFICER. The tion, and for other purposes. question is on agreeing to the motion. proposed, and I hope that we have a The motion was agreed to. good debate about how good or how bad The Senate proceeded to consider the The PRESIDING OFFICER. The re- this legislation truly is. But for us to bill. port will be stated. start the debate by saying that there AMENDMENT NO. 3064 The legislative clerk read as follows: will be little or no debate, especially Mr. LOTT. Mr. President, I send an The committee of conference on the dis- when it comes to our opportunity to amendment to the desk and ask for its agreeing votes of the two Houses on the offer amendments, precluding the very immediate consideration. amendment of the Senate to the bill, H.R. right of every Senator to be heard, pre- The PRESIDING OFFICER. The 2676, have agreed to recommend and do rec- cluding the opportunity for us to offer clerk will report. ommend to their respective Houses this re- ways in which we think it could be import, signed by a majority of the conferees. The legislative clerk read as follows: proved. The Senate proceeded to consider the The Senator from Mississippi [Mr. LOTT] So we will have this debate over and proposes an amendment 3064. conference report. (The conference report is printed in over and over again. But on so many Mr. LOTT. Mr. President, I ask unan- the House proceedings of the RECORD of occasions now, our colleagues on the imous consent that reading of the June 24, 1998.) other side insist on denying the rights amendment be dispensed with. Mr. DASCHLE addressed the Chair. of every Senator to be heard. That The PRESIDING OFFICER. Without The PRESIDING OFFICER. The mi- doesn’t have to happen. This is not the objection, it is so ordered. nority leader is recognized. House of Representatives. This is not The amendment is printed in today’s Mr. DASCHLE. Mr. President, my re- the most deliberative body in the world RECORD under ‘‘Amendments Sub- action is, here we go again. Yet an- so long as we continue to utilize this mitted.’’ other piece of legislation laid down practice. There is a time and a place CLOTURE MOTION without any opportunity—— for cloture, but that time and that Mr. LOTT. Mr. President, I send a Mr. FORD. Mr. President, may we place is not as soon as the bill is laid cloture motion to the desk. have order? I make a point of order the down. Many of us could have objected The PRESIDING OFFICER. The clo- Senate is not in order. to the motion to proceed. We could ture motion having been presented The PRESIDING OFFICER. The Sen- have voted against going to the motion under rule XXII, the Chair directs the ate will come to order. The minority to proceed. We could have even filibus- clerk to read the motion. leader has the right to be heard. The tered the motion to proceed. We didn’t The legislative clerk read as follows: Senate will come to order. do that. Why? Because, in good faith,

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7566 CONGRESSIONAL RECORD — SENATE July 7, 1998 we felt it was important to get on to ment that is in disagreement with the fact that 3,000 kids a day start the bill. But now what do we have? An- their larger scheme, they pull the bill. smoking. It goes to the tremendous other in a continued pattern by our Re- That is what happened to the Ag appro- number of victims of managed care publican colleagues to curtail debate, priations bill when we offered tobacco abuses all over this country, in every to curtail thoughtful consideration of a on Ag appropriations. That is what just State of the Union, who have said if very important issue. happened on the VA–HUD bill. you do anything in Congress this year, I don’t know of a more complicated So it seems to me there are two ac- we want you to fix managed care. We bill that any one of us will have to ad- tions taken by our Republican col- don’t want you to wait until we lose dress in this session of Congress than leagues with some frequency here: File more people. We want you to solve this product liability. We could offer a pop cloture, deny the colleagues the right problem this year. And that is what we quiz today, and I am sure many of our to offer amendments because of clo- are trying to do. We have 10 weeks to colleagues would probably fail simply ture; or pull the bill and move on to go, fewer than 40 legislative days. If we because we are not familiar with all something else and never come back. don’t do it now, when are we going to the ramifications of this issue. So for So the Senator from Massachusetts do it? us, now, just at the beginning of the raises a very good point. The Senator from Massachusetts debate to say we don’t want amend- Mr. KENNEDY. If the Senator will makes a very important point. I yield ments, we are not even sure we want a further yield, as I understand it now, as to the Senator from Vermont. lot of debate, we are just going to get a result of the action of the majority Mr. LEAHY. Mr. President, if the this out of our way so we can move on leader, the Ag appropriations bill has Democratic leader can yield for a ques- to other things, that is not the way the returned to the calendar and the VA– tion, I ask the Senator from South Da- Senate ought to work. That is not what HUD appropriations bill has returned kota—and I am looking around the we ought to be doing here. to the calendar. So it appears, would floor, and I see a number of Senators What goes around comes around. the Senator not agree with me, that it on the floor. I see only two who have This issue is going to come around is not the Democrats who are holding served here longer than I. I ask my again and again and again. We will not up the appropriations process and pro- question in the form of that context. be denied our rights. cedure—we were prepared to move In the 24 years I have been here, So I am just very hopeful that even ahead—but evidently it is the majority Democrats have been twice in the ma- many of our Republican colleagues who leader who has sent these matters back jority, twice in the minority. Thus, the may have misgivings about this bill to the calendar when it is our responsi- Republicans twice in the minority and will join Democrats in defeating clo- bility to go forward? twice in the majority. Would it not be ture when the occasion arises on I am just wondering if the leader can the experience of the Senator from Thursday. tell us whether he has had any oppor- South Dakota, as it has been mine, Several Senators addressed the tunity to talk to the majority leader that no matter which party was in the Chair. about when we will have an oppor- majority, the Senate and the Senate Mr. DASCHLE. I would be happy to tunity to at least have discussion or rules and those who have led the Sen- yield to the Senator from Massachu- debate on the measures that evidently ate have always reflected the need of setts. are objectionable to the majority lead- the Senate rules to protect both sides, Mr. KERRY. Mr. President, I would er? Are we going to have any oppor- both the majority and the minority, so simply ask the minority leader if he tunity to debate these measures, or are that the United States of America might draw any parallel or distinction we going to be required to continue would know that there was a full de- between the way this bill is now being this charade and continue to try to bate on real issues where all voices handled and other bills are handled, offer these amendments on other ap- were heard, not just the voice maybe of versus the tobacco legislation and the propriations as well? temporarily the majority, but all question of cloture on that? Mr. DASCHLE. Unfortunately, I have voices would be heard? Mr. DASCHLE. I think the Senator to report to the Senator from Massa- And would it not be the experience of from Massachusetts raises a very im- chusetts that there doesn’t appear to the Senator from South Dakota that portant point. Exactly. We have seen be any end in sight to this gagging of this procedure, something I have not this in a series of different episodes Democrats, to this notion that you ei- seen in my 24 years here, this proce- over the course of the year. It is a dan- ther proceed on our terms or we won’t dure is said to make sure there will not gerous precedent to be setting. It is a proceed at all. be a vote where all Americans are remarkable admission from the other As the Senator from Massachusetts heard, will make sure there is not a de- side that they are unwilling to face the just noted, we are no longer in a posi- bate where all Americans are heard, reality here, to face the opportunity to tion where the regular order is to go but will be done in such a way that have a good debate on key votes having back to an appropriations bill. They only one segment of our country will to do with improvement of the bill, have been shelved. They have been put be heard? Will that not be the experi- having to do with different views on a back on the calendar. Now, we have to ence of the Senator from South Da- bill. Just as we saw with tobacco. move to a motion to proceed to bring kota? I yield to the Senator from Massa- the bills back, where at least before we Mr. DASCHLE. The Senator from chusetts. had the bills as the regular order Vermont speaks with a wealth of expe- Mr. KENNEDY. Mr. President, am I should we fail to reach any kind of an rience that goes well beyond what this correct that the Senator from South agreement on how to proceed on a cur- Senator has had in his 12 years in the Dakota had offered an amendment to rent bill. Senate. But like him, I have not seen the appropriations bill on the Patients’ Mr. KENNEDY. Just finally, and I this practice used with the frequency Bill of Rights and that, if we had not thank the Senator, does he find it and the amazing degree of persistence had the majority leader’s requests at somewhat ironic that the Republican demonstrated by the majority leader to this time, tonight we in this body leadership is effectively gagging the cut off debate, to gag the Senate, to would be debating the Patients’ Bill of Senate from debating rules on HMOs stop an open opportunity for us to de- Rights? Am I correct? which are gagging doctors from giving bate key issues, complicated issues Mr. DASCHLE. The Senator from the best health care advice? That we such as this. Massachusetts raises a very important are being gagged here on the floor of The Senator is right, this experience note here. It seems that our colleagues the U.S. Senate, so to speak, as well, is one that I think really bears a great on the other side are reverting to two by Republican leadership who have re- deal of explanation to the American practices: One is to file cloture as soon fused to permit a debate on this issue? people. Why on key issue after issue— as a bill is laid down. That is what they There is a certain irony in that. why on education, why on tobacco, why did in this case. That is what they Mr. DASCHLE. That is the irony, I on all these issues that we face this did—what they did on the Coverdell would say to the Senator from Massa- year—does the Senate majority persist bill. The other practice is to offer a chusetts. And the real sad thing is that in precluding a good opportunity to bill, and as soon as we offer an amend- this goes beyond the bill. This goes to have the kind of debate the American

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7567 people expect and want and need. The their pensions based on what we have White House is going to be supportive Senator from Vermont is absolutely been able to do or failed to do in the of this legislation. For the first time, right. last few months. we might be able to do something This is not the Senate’s brightest Mr. DASCHLE. The Senator from Il- about this issue. moment. This is a very, very dis- linois is absolutely right. I am inclined to agree with the man- appointing episode in what has been a The PRESIDING OFFICER. If the agers and principal authors of this bill pattern all year long, and it is dis- Senator will suspend, I remind Sen- that we probably ought to keep this appointing not only to us but the ators on the floor that they must pose bill pretty clean. So I am sympathetic American people. I yield to the Senator a question—— to that notion. from Illinois. Mr. DURBIN. Does the Senator But I cannot imagine at this point Mr. DURBIN. I say to the Senator, I agree? filing cloture on this bill. I disagree agree completely with his comments. The PRESIDING OFFICER. And then with the majority of my colleagues on If the Members of the U.S. Senate the speaker who has the floor will this side who disagree with this bill, serving in the 2d session of the 105th yield. Otherwise, I request they go but I will fight with every power in me Congress were charged in court with through the Chair. as a Member of this body to see to it having passed meaningful legislation The Senator from South Dakota is that any Member has a right to raise to help America, I am afraid there is recognized. amendments about this bill. not enough evidence to convict us, be- Mr. DASCHLE. I thank the Chair for I may vote against all the amend- cause if you look at what we have been the clarification. Let me just say, the ments, but if we reach a point here, Mr. about over the last several months, Senator from Illinois is absolutely President—and I say this to ask a ques- with the exception of renaming Wash- right, he was asking if I agreed with tion of the Democratic leader—if we ington National Airport, we have little his characterization of the way this reach the level where we end up becom- to show for the time we have spent in Senate has performed. ing sort of a mirror image of the Washington and only 10 weeks to go. Sometime this year, our Republican House, the other body, where we de- The Senator is so correct, the Presi- colleagues will be asked, ‘‘Tell us what prive the minority, as the rules of the dent, in his State of the Union Address, you did on tobacco.’’ They will say House allow, to cut off debate where challenged this Congress, leaders on nothing. the will of the majority prevails, then both sides of the aisle, to address the Our Republican colleagues will be we turn this institution into nothing issues America really cares about: Sav- asked, ‘‘Tell us what you did on cam- more than a mirror image of the insti- ing Social Security, campaign finance paign reform.’’ Our colleagues will say tution down the hall. But in this body reform, tobacco legislation, education, nothing. it is something different. Here, the child care, doing the things that Amer- Our Republican colleagues will be rights of the minority are to be pro- ican families would really applaud, re- asked, ‘‘Well, tell us what you did on tected. And so the right to offer sponding to their needs. education; what did you do to build in- amendments, to be heard, is sacrosanct Yet, we stand here today in the first frastructure; what did you do to reduce when dealing with the U.S. Senate. week of July and we hear, again, an ef- class size?’’ And our Republican col- So it is with a deep sense of regret fort by the majority leader to not only leagues will have to say nothing. that I inform my colleagues, who have stop the train in an effort to stop legis- Our Republican colleagues are going worked hard on this bill, that I will op- lation moving forward, but to stop the to be asked, ‘‘Well, tell us what did you pose a cloture motion. I hope other debate in what is supposed to be the do, then, on trying to address one of Democrats who support this bill will do world’s greatest deliberative body. the most important health care ques- likewise, so that we can get back to It is a disappointment to me, and I tions our country is facing today in the business of debating this bill, take think to a lot of people who are fol- managed care?’’ And, again, our Repub- the day or 2 that it needs to be debated lowing this session of the U.S. Senate, lican colleagues will say nothing. here, let the amendments be offered, that we are back here this week and Mr. President, the list continues to let us defeat them if we have a major- not about the business that people grow. Why? Because they appear to be ity here, and get about the business of really care about across America. afraid of a debate, appear to be afraid passing this legislation so that this I stand in support of what our leader, to take this issue to its successful con- Congress might deal with product li- Senator DASCHLE, said, that it is a dep- clusion. If we don’t go along, we don’t ability legislation. rivation of our responsibility as U.S. do anything on that particular issue. I raise that, Mr. President, in the Senators representing States across That isn’t the way this Senate is sup- form of a question to my colleague, the this country and as representing fami- posed to perform. Democratic leader, because I am sad- lies who expect us to respond to these I yield to the Senator from Con- dened by this. Why are we filing clo- needs, when you think of the opportu- necticut. ture on this bill? We are coming this nities we have already missed—the Mr. DODD. Mr. President, I inquire of close to, for the first time, dealing with campaign finance reform bill killed on the distinguished Democratic leader if tort reform, really dealing with this the floor of the Senate by the Repub- he is not aware of what the effect of issue, not in as comprehensive a way as lican leadership, and then we turned this cloture motion may be on the some would like, but a real chance for around with an opportunity to protect product liability legislation? I raise the first time ever. And you are taking millions of our children from tobacco that question of the Democratic leader people like me who support this bill addiction, killed on the floor of the because I am a cosponsor of this bill. I and asking me to vote in a way that U.S. Senate by the Republican leader- am one of a handful of Democrats who would disallow my colleagues from of- ship time and time again. have supported the work of my good fering amendments on this legislation Here is an effort by the Democrats to friend, Senator GORTON from the State and thereby killing this bill. It will de- bring out legislation to protect fami- of Washington, and Senator JAY stroy this bill on tort reform over this lies and patients who go to their doc- ROCKEFELLER, our colleague from West procedure. tors wanting the very best in medical Virginia, who are the lead sponsors of So I raise the question to the Demo- care and find themselves twisted in this legislation. cratic leader, if in fact it is not unwit- knots by the insurance industry and, I raise the point with the Democratic tingly maybe what the majority leader, once again, efforts on the Republican leader; I go back to the days of Jack who has offered the cloture motion, is side to stop us. Danforth and working on a proposal achieving by forcing those of us who I am afraid that when all is said and some 10 years ago on product liability support this bill to oppose a cloture done this will turn out to be one of the legislation, tort reform. As someone motion and then depriving us of legis- worst Congresses in this century in who authored, along with Senator lation being heard and fully debated? terms of its productivity. And if we are DOMENICI, the securities litigation re- Mr. DASCHLE. Well, the Senator to be measured by our productivity, I form bill and uniform standards, I am from Connecticut has demonstrated his am not sure that many Senators can very interested in seeing us get a bill characteristic eloquence again. I would collect their paychecks and talk about done here. We have indications the answer in the affirmative. I do not

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7568 CONGRESSIONAL RECORD — SENATE July 7, 1998 know what motivation there may have Mr. GORTON. Mr. President, this port of the Department of Agriculture been on the part of the majority leader, Senator is puzzled, truly puzzled, by and all of our agricultural across the but I must say this, that it complicates the remarks which he has just had the United States by insisting that we dramatically the position of those who privilege of hearing. The minority can’t debate agriculture for 2 days and support this legislation, complicates it leader protests that we cannot have a pass a bill without having another 4, 6 dramatically. As the Senator from debate on product liability because clo- or 8 weeks on their tobacco agenda. Connecticut correctly points out, it ture has been filed on this substitute The Senator from Illinois says that could actually kill the very bill they amendment. He is joined by one of the nothing was done with respect to edu- are trying to pass. supporters of the bill, the senior Sen- cation. I seem to remember at least a Now, for those of us who want to pro- ator from Connecticut, who evidently week, maybe 2 weeks, debating the sub- tect Senators’ rights, we are surprised wants a debate on product liability. ject of reform of education in the and I guess somewhat amazed at the But it is overwhelmingly evident United States. In fact, I believe it was actions just taken by the majority. from the remarks of the Senator from just 2 weeks ago that we passed a bill Keep in mind, if we pass cloture, all Massachusetts, the Senator from Illi- on that subject and sent it to the relevant amendments will be barred. nois, and the responses to those re- President who has determined that he And yet our Republican colleagues marks on the part of the minority lead- will veto. This Senator proposed to this have already laid an amendment down, er, that they do not have the slightest body a true reform in the way in which an amendment, I might add, that no- interest in a debate on product liabil- we deal with education, one that would body has seen. You talk about a legis- ity—not the slightest interest in a de- have trusted our State education offi- lative pig in a poke; there isn’t a Sen- bate on product liability. cials, our local education officials, our ator on this side, maybe with one ex- They want a debate on their agenda. teachers and our parents to make deci- ception, who has seen the amendment And they want a debate on their agen- sions about the education of their chil- just laid down by the majority leader— da whether it has already occupied dren without the constant interference not one, with one exception perhaps. I weeks of the Senate’s time or not, of bureaucrats in Washington, DC, who have not talked to Senator ROCKE- whether they have already been offered impose more than half of the rules reg- FELLER. a debate on that agenda or not in a rea- ulating the conduct in our schools, So I am astounded that our Repub- sonable time, at which they could be while coming up with 7 or 8 percent of lican colleagues would say, ‘‘We want taken up as individual matters. the money. Not a single Member on our amendments, but we don’t want No. The net result, Mr. President, of that side of the aisle was willing to you to have any. We’re going to pass the remarks of the minority leader is vote for that proposal, and they said our amendment, but on the chance that they wish the right, at any time the entire education reform bill would that you could pass one of yours, we’re and under any set of circumstances, to be filibustered to death if it were in- going to preclude them all.’’ set the agenda of the Senate, the sub- cluded in any bill sent to the President Mr. President, the Senate cannot ject matter that the Senate will be de- of the United States. work that way. As the Senator from bating, and they want to engage in Oh, no, Mr. President, we have de- Connecticut just pointed out, we are that agenda not once, not twice, but on bated education reform. We have acting more and more like the House of an unlimited basis whenever they wish passed in this body true education re- Representatives. If any one of our col- to bring it up. form. I don’t think at this point that leagues wishes to run, let them declare The Senator from Illinois implied, at there is much point in going over it their candidacy. There are all kinds of least, that he wanted another debate again. open seats, uncontested seats, on the on what he calls ‘‘campaign reform,’’ Here today we were debating a vi- other side. Go run. But if you want to on a proposal blatantly unconstitu- tally important appropriations bill for be a U.S. Senator, live up to the re- tional, a proposal clearly violating the veterans, for the Department of Hous- sponsibilities of the U.S. Senate. This free speech guarantees in the first ing and Urban Development. We had a is supposed to be the greatest delibera- amendment to the Constitution of the thoughtful debate, dividing both par- tive body in the world. United States, a debate which the Sen- How deliberative can we be when, ties on the space station. We were ate had for more than 2 weeks and a de- vote after vote, amendment after about to debate mortgage limitations bate which the Senator from Illinois amendment, bill after bill, this side is and do the business of the Senate when and the minority leader lost—lost only precluded from offering amendments the minority leader says, oh, no; we are either because the majority leader after threatening a filibuster them- not going to let the majority of the Ap- pulls the bill or they file cloture imme- selves against any campaign reform ad- propriations Committee go through an diately upon filing? That cannot work, vocated by a majority of the Members appropriations bill. We will debate our Mr. President. on this side, campaign reforms based proposal for health care changes, and So I appreciate the wisdom of the on seeing to it that individuals did not we will do it right now. Senator from Connecticut, and I must have to contribute to campaigns with Now, he did that in spite of the fact say the courage, because clearly there which they did not agree, campaign re- that when I was sitting in your seat as could be Senators who misinterpret, form based on bringing light into the the acting President of the Senate, the were it not for his eloquent expla- source of the kind of money that so majority leader 3 weeks ago came down nation just now, why he is going to devastated and discredited the Presi- here and offered a full opportunity to work to protect Senators’ rights. dential election of 1996. the minority to debate their health I must say, there will be Senators on Then the Senator from Illinois, and I care proposals together with our health the other side who will want their believe the Senator from Massachu- care proposals and to have direct votes rights protected at some point. Major- setts, spoke about tobacco legislation. on those proposals before the end of ity or minority, it does not matter, it Tobacco legislation, Mr. President? this month of July 1998. That offer was happens to all of us. Does my memory fail me? Did we not totally rejected by the very people who So I appreciate the position taken by debate tobacco legislation for the bet- now demand we engage in that debate the Senator from Connecticut. I hope ter part of 4 weeks on a bill relating to today as a part of an important bill on all of our colleagues have heard his ex- tobacco? I believe that we did. And I a totally and completely different sub- planation and his reasons. And I hope a believe that the positions taken by ject. lot of our Republican colleagues will most of the Members on the other side Mr. KENNEDY. Will the Senator join us. Cloture must be defeated. We of the aisle ended up unsuccessful. And yield? must protect Senators’ rights, and we so what have we had since then? Four Mr. GORTON. No, the Senator will must protect the institution of the weeks is not enough? not yield. The Senator will not yield. U.S. Senate. Immediately thereafter, they at- So this Senate has debated a change I yield the floor. tempted to redebate tobacco on an- in our campaign reform laws. It has de- Mr. GORTON addressed the Chair. other issue important to the people of bated education reform and passed a The PRESIDING OFFICER. The Sen- the United States. They have now de- bill on the subject. It has debated to- ator from Washington. stroyed the debate on a bill for the sup- bacco legislation. And it is more than

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7569 willing and will debate health care leg- and I repeat it again, that they wanted who believe in product liability, those islation with the proposals of both par- to debate subjects totally unrelated to who were on the other side on each of ties considered in that connection. product liability. Three of the four sub- the three issues that have already been But no majority party, no majority jects they mentioned have already been debated, and those who will have the leader, has ever permitted a set of cir- debated at length on the floor of this opportunity to debate health care when cumstances under which the minority Senate and decided—decided in a way they wish to do so, will have the cour- not only determines the agenda, but they don’t like—but decided pursuant age to see to it that we are able to de- when the agenda is to be debated and to the rules of the Senate of the United bate this product liability bill and how many times it is to be debated, States. reach a conclusion on it in a reasonable even though that prevents a debate on The fourth will clearly be debated, period of time, so that we can go on to vitally important appropriations bills will be debated on its own merits, and other subjects that are of importance for the conduct of the government, and will be debated at a time at which both to the Senate and to the American peo- in this case a debate on an important the members of the minority party and ple. product liability bill. As the manager the members of the majority party can Mr. NICKLES addressed the Chair. of that bill, had the minority leader set forth their proposals and have the The PRESIDING OFFICER. The Sen- said we would like to do what we did merits of their proposal both fully de- ator from Oklahoma. just 2 years ago and have a debate and bated and determined and decided Mr. NICKLES. Mr. President, I com- several amendments about product li- under the rules of the Senate. pliment my colleague. I am disability, the way that the senior Sen- This artificial fury that we have lis- appointed in the minority leader’s ator from Connecticut was speaking tened to here for most of the last hour statement, and also its tone. A lot of us about the subject a few moments ago, I is directed partly at party politics and came back from the one-week break for have no doubt that that desire would partly as a highly skillful way of de- the Fourth of July and said we have be granted. I have no doubt that pro- stroying a product liability bill to work to do, we have appropriations posed changes in the substitute bill which the President of the United bills to pass, we have product liability that is now before the Senate would States, the leader of their party, has reform bill to pass, we have the IRS re- have been debated. I think those pro- agreed. It may well be successful. The form bill. And then somebody says this posed changes would have been de- Senator from Connecticut is right if he is an unbelievable procedure. No, it is feated. refuses to support a bill that he has not. We are moving to a conference re- Two years ago this Congress did supported through his entire career be- port. That has priority under the rules spend, I think, a full week or more on cause it won’t also carry debates on of the Senate. We are moving to a con- a much broader and more all-encom- campaign laws, health care, education, ference report on a bill that already passing product liability bill. It was de- and tobacco, then unfortunately all of passed the House and the Senate, and, bated then by the minority party as a the work of which he was a part, and hopefully, the President will sign it. I product liability bill without the at- the Senator from West Virginia was a think it may be one of the most nota- tempt to move on to a totally and com- part, and many of us were a part of on ble and significant achievements of pletely unrelated subject. It was this side, and the President of the this Congress. passed. It was sent to the President of United States was a part, may be wast- Then our colleagues say, wait a the United States for reasons that this ed. minute, you are denying us an oppor- Senator did not consider to be particu- I think that may very well be the tunity to offer an amendment. I dis- larly persuasive. The President of the goal of those who engage in this artifi- agree. The Senator from Arkansas had United States vetoed that bill. cial outrage about whether or not we an amendment on the space station Then the junior Senator from West should deal with product liability for a that lasted most of the afternoon. We Virginia, Senator ROCKEFELLER, and I few days and debate that issue, finish were clearly willing to take amend- worked diligently for almost 2 years in it, have a vote on it, finish our appro- ments. We had an amendment that coming up with a bill to be proposed priations bills, have votes on each of Senator KOHL from Wisconsin and I here on that subject with which the them, and deal with a health care de- were going to offer dealing with FHA. President of the United States would bate before the end of this month. That That was bipartisan. We were trying to agree and with which the President of only is the desire of the majority lead- do the Senate’s work. As a matter of the United States does agree. We are er in the normal management of the fact, the Senate was planning on stay- now told that an attempt actually to Senate, just as it was the desire under ing on the VA appropriations bill so we debate that subject and to vote on this identical circumstances when the ma- could finish tonight, tomorrow, or the bill is somehow or another an infringe- jority leader was on the other side of next day, to do our work. The minority ment on the rights of the minority the aisle. leader tried to place an amendment—or party. It is probably a more open debate on did file an amendment called the Pa- I heard during the course of the last issues of interest to the minority than tients’ Bill of Rights on the appropria- week over this, the minority party I could remember during the course of tions bill. He has a right to do so, but does want one change in the bill on Congresses in which my party was in he knows it is not the time or place to product liability having to do with the minority. But this rhetoric this do it. guns. That amendment, I am informed afternoon here has little, if anything, For the information of our colleagues by the Parliamentarian, will be ger- to do with product liability, or a de- and the viewing public, the majority mane after cloture. It can be debated bate on this product liability bill, or leader has already said we will take up and it can be voted upon. For all prac- attempts to improve or to amend this the so-called issue dealing with health tical purposes, any limitation of an al- product liability bill with product li- care and the regulation of managed ready modest bill on product liability ability provisions. It has to do with the care, with the very nice title of ‘‘The can be debated and voted upon after demand of the minority leader that he Patients’ Bill of Rights.’’ We will take cloture. It is difficult to persuade this determine not only the agenda, not it up this month. But in the meantime, Senator that anyone on this side of the only the subjects that the Senate will let’s finish our work, let’s pass the IRS aisle wants to expand this product li- debate, but the length of time that de- reform bill, let’s pass appropriations ability bill and cause it to cover a bate will take, the number of times the bills. greater field related to product liabil- debates on particular subjects will be We are willing to have a decent ity than it does at the present time. taken. amount of time on the so-called Pa- That was the pretense set forth in The Senate cannot operate under tients’ Bill of Rights this month and to the initial remarks of the minority those sets of circumstances. It ought consider alternatives. The Senator leader, that he wishes a fuller and more not to operate under those cir- from Massachusetts has an alternative. complete debate on product liability. cumstances. I have little hope for those I am working on an alternative. I may But that pretense was shattered in- who simply oppose any legal reform have a couple of other ideas. And we stantly by the Senators who asked him whatsoever, even when the President are willing to consider relevant amend- to yield to questions and simply stated, has agreed to it. I do hope that those ments. I think it is a mistake to do it

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7570 CONGRESSIONAL RECORD — SENATE July 7, 1998 all month. Maybe some want to. Maybe are going to pass the conference report Several Senators addressed the they think there is political fodder to on IRS reform. We are going to take Chair. be gained. Some of us know we have that up tomorrow. Again, I hope all of The PRESIDING OFFICER. The Sen- some work to do. That is our intention. my colleagues will support that. We ator from Massachusetts. The majority leader made it clear are going to have a vote on cloture on Mr. KENNEDY. Mr. President, I am that we have work to do. We are going product liability reform. If colleagues encouraged certainly by the comments to be voting on Mondays and Fridays. are really interested in having legiti- of the acting floor leader now that he We should be passing bills. We have mate amendments dealing with that says we will have an opportunity to de- only passed 2 appropriations bills; we issue, they could make a proposal and bate the issues on the Patients’ Bill of have 13 to do. The House passed five, we could probably work that out—if we Rights. We look forward to that oppor- and next week they will probably pass keep the amendments relevant. Are we tunity. But I will just take a few mo- another five. We are, in the meantime, going to say you can dump your entire ments of the Senate’s time—I will not hoping to get two bills done this week. agenda on it? No. At least it is my hope take a great deal of time—to really Unfortunately, instead, the minority that we don’t do that. That is the rea- correct the Record. said we need to put the Patients’ Bill son we have cloture—to keep amend- As the Senator from Oklahoma re- of Rights on one and then the smoking ments germane, finish our work, and be members, and should remember very clearly, the U.S. Senate overturned in bill—even though we have spent 4 done with it. weeks on the tobacco bill. Maybe if So I am disappointed in the rhetoric 1995 the longstanding rule that we they came up with a better alternative, and the tone that we heard tonight. I would not have legislation on appro- we could pass a bill. But they came up hope we will come back and say, wait a priations. And it was the Republican with one that would cost hundreds of minute, we only have 4 weeks this Party that overturned that concept. billions of dollars, and I think we month and a few weeks in September— Every single Republican, including the rightfully rejected it. all of the month of September, and Senator from Oklahoma, voted to over- turn the ruling of the chair and allow They said, ‘‘We don’t have an oppor- maybe part of October to finish the legislation on appropriations. So, now tunity to debate our issues.’’ They had Senate’s business. We have to pass a we have legislation on appropriations. I 4 weeks on the so-called tobacco bill. lot of appropriations bills. I still hope think it is regrettable, and should the Campaign finance reform has been in we will get a budget. I hope we will Republican leader want to alter and the Senate on numerous occasions, in- pass tax relief. So we have some sig- change that, I think he would find that cluding this Congress. We insisted on nificant reform that needs to happen, having one amendment that said cam- there would be strong support for that. and we need to do the work of the Sen- But, Mr. President, I want to get paign contributions would be vol- ate. back and talk for just a moment or two untary. Most of our colleagues on the I notice my friend from Massachu- about what the issues really are. We Democrat side said, ‘‘No, no, we can’t setts on the floor. He has a bill called have just listened to our friends from have voluntary campaign contribu- the Patients’ Bill of Rights. I am per- the States of Washington and Okla- tions. That would be unheard of. We fectly willing to debate that issue. We homa speak on the floor about what can’t have that kind of reform.’’ are willing to spend some time on that cannot be done, or what should not be One of our colleagues said that the issue and give colleagues a vote on the done. Senate can’t work this way. Really, Democrat proposal, which has been re- Earlier this afternoon, in a time-hon- what they are trying to say is, ‘‘We cently introduced—I guess today—on ored process and procedure, the minor- want to have product liability reform the VA-HUD appropriations bill. It ity leader, Senator DASCHLE, sent to on the floor, and we want to dump our doesn’t belong on an appropriations the desk of the U.S. Senate an amend- entire Democrat agenda on,’’ half of bill. There is a point of order. That is ment to provide for a Patients’ Bill of which they tried and could not get legislation on an appropriations bill. Rights, a recognition that in this coun- passed previously. They want to dump That is the reason we have the rule. It try too often those who are making it on this bill or on the appropriations does not belong there. The majority health care decisions are actually in- bills, and they will keep trying until leader said we will take it up sometime surance company accountants rather maybe something will stick. this month, and with some amend- than doctors. Too often the doctors, And then they said, ‘‘Wait a minute, ments dealing with that issue, relevant who represent the best interests of the if you file cloture’’—cloture, for the in- health care amendments. patients, are caught in this extraor- formation of people not aware of the If our colleagues are just interested dinary dilemma and understand that Senate rules, it would eliminate a lot in rhetorical flourishes and maybe they are put between a rock and a hard of extraneous amendments. They are campaign issues, they can make that place. Too often in our country we find acting like that hasn’t happened be- attempt. But that won’t legislate. That that managed care is mismanaged care. fore. George Mitchell, as majority lead- won’t change the law. If they are inter- And we have heard examples of this on er, was the instigator of the quick- ested in changing the law, I urge them the Senate floor time and time again draw cloture motion. He would file clo- to work with us. Let’s come up with an over the period of these past weeks. I ture so fast, it would make your head agreement where we can bring the dare say that we have had few days spin. He did it time and time again. I issue up, have an adequate amount of that have gone by when Senators have don’t like cloture. I think it happens to debate on the so-called Patients’ Bill of not spoken about particular tragedies be too restrictive. Rights, and have different alternatives that have been experienced in their The Senator from Washington, who considered and voted on. States. was managing the bill, has said we are I make that point. This side is will- Senator DASCHLE’s amendment perfectly willing to work with col- ing. We had a significant debate on to- should have allowed the Senate to de- leagues if they have amendments they bacco. We are willing to have a debate bate the issue of the Patients’ Bill of want to discuss on product liability. on the so-called Patients’ Bill of Rights, debate it this afternoon, debate We can work that up and come up with Rights. We have had debate on cam- it this evening, debate it tomorrow, an agreement. Obviously, our col- paign reform. We have had debate on but debate it and reach some kind of a leagues on the minority side said, ‘‘No. education. Now we have to finish the conclusion on the issue. The President We want to put our whole agenda on. appropriations bills. We have to do the has spoken. He spoke as recently as We want another debate on tobacco work of the Senate. It is going to take this afternoon in support of the legisla- and the Patients’ Bill of Rights, and both sides working together to make tion that was included in Senator debate on schools or education’’—you that happen. DASCHLE’s proposal. name it. They want to put everything I hope we will have greater coopera- That is what this is about. We have on there except product liability. tion exhibited in the future for the that opportunity to debate managed In other words, they don’t really Senate to really get its work done in a care reform. The Democratic leader of- want product liability. They have that timely, efficient, and productive man- fered the Patients’ Bill of Rights. It is right, but we also have a right to try to ner. an issue that Republicans and Demo- get the Senate’s business done. So we I yield the floor. crats across the country want us to do

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7571 something about. We are being denied markup in the committee, and we are And the Senator from Washington that opportunity because the majority going to be denied floor debate by the has the audacity to say on the floor of leader pulled the bill down and put it majority leader and the Republican the Senate that the consent that was back on the calendar, as was his wont leadership, that we are not even going offered by the majority leader would to do, and we are again denied the op- to consider this issue in the U.S. Sen- have actually gotten these measures portunity to debate this critically im- ate? up? portant issue. No. That is not the kind of U.S. Sen- You know what this proposal is effec- So our efforts to move toward that ate that our Founding Fathers in- tively saying? This says that after the debate have been temporarily de- tended, nor has today been one of our votes, even if we win the Patients’ Bill ferred—deferred perhaps for a day or best and greatest days. But we are of Rights with a majority of the Mem- two, but certainly not longer than a going to debate this issue, and we are bers of the Senate, it will be in order day or two. We are going to come back going to act on it. Make no mistake for the majority leader to—send it to to that issue and keep coming back. about it. the President of the United States if And our friends on the majority side And we are going to come right back the House has already acted on it? No. better get used to it. They may get after that and consider an increase in To send it to the House of Representa- into a situation where they are going the minimum wage. Our Republican tives if they have not acted on it? No. to put appropriations bill after appro- friends better hear that as well. We Under the majority leader’s proposal, if priations bill after appropriations bill can’t get the markup on the increase in we pass it, after a debate, the majority the minimum wage for workers in this back on the calendar because the Sen- leader sends it right back up there to country—workers who have not bene- ate will want to debate a Patients’ Bill the desk. It is over. Good-bye, farewell, fited by the extraordinary explosion of of Rights, and the Republican Leader- so long, to protections for the patients the stock markets and the extraor- ship will want to continue to deny us of this country. dinary increase in the accumulation of that opportunity. Mr. President, we Now, that is a farce, an absolute wealth. These are men and women who farce. I could go through the whole will continue to demand debate be- are working 40 hours a week, 52 weeks consent agreement, but it should not cause the American people are demand- of the year, primarily single women, be given any more attention because it ing it. primarily women who are heads of You can say, Why are we in this kind households with children. This is a is a farce offered, evidently, only to of a situation? Why aren’t we following women’s issue. It is a children’s issue. make a political point. The Patients’ Bill of Rights is a com- a regular order, the procedure that ev- It is a fairness issue. And we are going monsense plan that guarantees funda- eryone learns in civics class and in to consider it this year. We know Re- mental protections that every good in- their study of American history, that publican leaders are opposed to that. says when legislation is introduced, it What else is new? They were opposed surance company already provides and goes to the committee, the committee to it last time. And we were able to be that every American who pays insur- marks it up, it comes to the floor, it is successful. It wasn’t on the Republican ance premiums deserves to have when acted upon on the floor, the two bodies agenda the last time we saw an in- serious illness strikes. get together in a conference, and, if crease in the minimum wage. The in- But the Republican leader’s position they agree, they send it to the Presi- crease in the minimum wage has never is to protect the insurance industry in- dent of the United States? been on the Republican agenda. Yet we stead of protecting the patients. They The reason the Senator from South have been successful in doing so. And know they cannot do that in the light Dakota offered the amendment is be- we will be successful in doing so this of day, so their strategy is to work because we could not get a markup and time. hind closed doors to kill the bill, keep we could not get a hearing in the ap- So that is why we find ourselves it bottled up in committee, no markup, propriate committee. We were denied where we do this evening. And here the no floor debate, no vote. That has been that opportunity—denied it, turned Democratic leader offers our amend- the strategy. Ask any Member of this down, thumbs down to the Senators ment, makes a brief comment—a brief body whether they can contest that. who supported that legislation. No, you comment—about it. And then, bingo, They cannot. No markup, no floor de- can’t have a hearing on that legislation the bill is pulled. Now we hear from the bate, no vote, no fair time agreement. in our committee. The Republicans Republican leadership that, Oh, well, Mr. Willis Gradison, the head of the told those of us on the Labor and you objected to a consent agreement Health Insurance Association of Amer- Human Resources Committee that not that could get this proposal before the ica, when asked in an interview pub- only can’t you have that hearing, but, Senate and to act on it. lished in the Rocky Mountain News to if you introduce the legislation, we will I would love to take the time of the sum up the strategy of the businesses not give you a markup on it. We will Senate to go through this, but let me opposed to patient protections, replied: not let you have a debate in the com- just include the appropriate parts of There’s a lot to be said for ‘‘just say no.’’ mittee. We are going to obstruct the this proposal. Let me just mention a ‘‘Just say no.’’ The author of the ar- whole committee process so you will very interesting aspect of the consent ticle goes on to report that at a strat- not be able to advance your issues, and agreement, to which the Senator from egy session last month called by a top the issues of the American people. Washington referred. I asked him to aide to Senator DON NICKLES, Gradison I did not hear that talked about by yield so we could go through this advised Republicans to avoid taking the Senator from Washington. I did not agreement together. He refused the op- public positions that could draw fire hear that talked about from the Sen- portunity to do so. I can understand during the election campaign. Oppo- ator from Oklahoma. The majority why, too. I might have wanted to do nents will rely on Republican leaders leader has put forward several lists of the same if I had to defend this pro- in both Chambers to keep managed his priorities for the session, and the posed agreement. This is what was in- care legislation bottled up. Patients’ Bill of Rights is not on any cluded in the agreement. And I will in- Well, they have done a good job of one of them—not on any one of them. clude the whole agreement. But let me bottling it up tonight. We would have The Republican leadership wants to read a section: had an opportunity for debate if they stonewall—stonewall on this issue, I ask unanimous consent that the Chair had not pulled down the underlying which is of such great importance to not entertain a motion to adjourn or recess legislation. But, no, they bottled it up families all across the country. That is for the August recess prior to a vote on or in by sending the bill right back to the why the Democratic leader offered this relation to the majority leader’s bill and the calendar. minority leader’s amendment. amendment, because the Republican That has been the strategy for the leadership is trying to stonewall it. And that following those votes: past year—keep the Patients’ Bill of So, Mr. President, are we going to It be in order for the majority leader— Rights bottled up, engage in a cam- say—those of us who favor patient pro- Listen to this— paign of misinformation and tection legislation—that we are going to return the legislation to the calendar. disinformation, cater to the special in- to be denied consideration of the com- ‘‘Return the legislation to the cal- terests, ignore insurance company mittee, we are going to be denied a endar.’’ abuses, and ignore the will of the

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7572 CONGRESSIONAL RECORD — SENATE July 7, 1998 American people. We are seeing that only recourse for most patients is to go empt from accountability because of strategy in this Chamber this evening. to court, a time-consuming, costly its actions, but because of the ERISA Now, Mr. President, the rights that process that may not provide relief in preemption, one industry alone—the are included in our legislation are com- time to save a life or prevent a dis- health insurance industry—enjoys this monsense components of quality care ability. protection. That is wrong and today that every family believes they were Independent review was rec- the Senate should have the oppor- promised when they signed up for in- ommended unanimously by the Presi- tunity to say it is wrong. surance coverage and paid their pre- dent’s Commission. Republicans and ERISA preemption applies to the miums. Virtually all of the protections Democrats alike recommended inde- millions of Americans who get their that this legislation provides already pendent review unanimously. It has coverage through a private employer, apply to Medicare, are recommended worked successfully in Medicare for but it does not apply to 23 million by the National Association of Insur- more than three decades. Families de- State and local employees and their ance Commissioners, which is a bipar- serve the basic fairness that only a families. It does not apply to Medicaid tisan group, or were recommended by timely, impartial appeal can provide. patients. It does not apply to Medicare. the President’s Advisory Commission, Without such a mechanism, any And we have not heard a shred of evi- another nonpartisan group, or even es- rights guaranteed to patients exist on dence that the ability of State and tablished as voluntary standards by paper only, and they are often worth no local employees, Medicaid patients and the managed care industry itself more than the paper on which they are Medicare patients to sue their health through their trade association. printed. When the issues are sickness plans has imposed significant costs on These commonsense rights include and health, and often as serious as life those plans. That case has not been access to appropriate specialists when and death, no health insurance com- made. Mr. President, 23 million State and a patient’s condition requires specialty pany should be allowed to be both county employees have that kind of care. It would allow people with chron- judge and jury. ability to sue, and we have not seen ic illnesses or disabilities to have refer- When health plan’s misconduct re- that the costs of their plans have been rals to the specialists they need on a sults in serious injury or death, pa- higher than others. So I challenge my regular basis. tients and their families should be able colleagues who oppose this provision to It assures that patients whose plans to hold those plans accountable for explain to the American people why cover prescription drugs can have ac- their actions. Every other industry in State and local government employees cess to drugs needed to save their life America can be held responsible for its should be able to hold their taxpayer- or protect their health even if the actions. Why should health plans financed health plans accountable if drugs are not included on their plan’s whose decisions can truly mean the dif- they are injured or killed by the plan’s restricted list. ference between life and death enjoy behavior, but equally hard-working They are assured that persons suf- this unique immunity? Americans employed by private compa- fering from serious symptoms can go to We had a debate on the issues of im- nies should be denied this basic right. the nearest emergency room without munity not long ago with regard to the Explain that to me. worrying that their plan will deny cov- tobacco industry, and this body voted Our legislation simply removes the erage. No patients with the symptoms overwhelmingly not to give immunity Federal preemption provision. It cre- of a heart attack should be forced to to tobacco. These health plans have ates no Federal right to sue and lets put their life at risk by driving past immunity today under the ERISA pro- States take whatever steps they see fit. the emergency room down the street to visions. That is not right and we ought So many of those who oppose this leg- the managed care hospital farther to address it. Every day and every islation are fond of talking about the away, and that is happening here in the night that we delay it, the health, the need to keep Washington out of deci- United States tonight. good health of American families is sions by States, but when the profits of No patient with symptoms of a threatened. You would think, when you special interests are at stake, it sud- stroke should be forced to delay treat- listen to the Republican leadership denly becomes better for bureaucrats ment to the point where paralysis and talk about scheduling, that it doesn’t in Washington rather than elected disability are permanent because an matter a twiddle whether this debate State and local officials to decide what accountant in the managed care head- goes on today or tomorrow or next is best for people in their State. This quarters does not respond promptly week or next month or next year. It amendment should not be controversial and appropriately. does. And every day we delay means for any Member of the Senate who is Reforms must protect the integrity that more families’ health protections serious about protecting patients from of the doctor-patient relationship. Gag are threatened. insurance company abuse. It is sup- clauses and improper incentive ar- Under the Employee Retirement and ported by the American Medical Asso- rangements should have no place in Income Security Act, patients whose ciation—and more than 170 other orga- American medicine. They are abso- lives have been devastated or destroyed nizations, Mr. President. Let me just lutely appalling, Mr. President. by the reckless behavior of their health give you a few. This amendment only says that any plan have no ability to go to court to The Patients’ Bill of Rights is sup- reform worthy of the name must guar- obtain appropriate redress. ERISA pre- ported by the American Medical Asso- antee that insurance plans meet the empts all State remedies, so patients ciation, the Consortium of Citizens special needs of women and children. are limited to Federal ERISA rem- with Disabilities, the American Cancer Women should have access to gyne- edies, which will only cover the cost of Society, the National Alliance for the cologists for needed services. No the procedure for which the plan failed Mentally Ill, the National Partnership woman with breast cancer should be to pay. for Women and Families, the National forced to endure a drive-through mas- Just the cost of the procedure—some Association of Children’s Hospitals, the tectomy against the advice of her doc- remedy. You can be crippled for life by AFL–CIO, the American Association of tor or be denied reconstructive surgery cancer of the spine because the plan re- Retired Persons and many other groups following breast cancer surgery if that fused to authorize a test costing a few representing physicians, health care is her choice. hundred dollars to detect the cancer in providers, children, women, families, No child with a childhood cancer its early stages, and all you can get consumers, persons with disabilities, should be told that a urologist who back to help support your family is the small businesses, Americans with seri- happens to be in the plan’s network cost of the test. That is no remedy. ous illnesses, religious organizations, will treat him, even if that urologist That is wrong. And our bill does some- and working families. has no experience or expertise with thing about it. Find me another piece of pending leg- children or with that type of cancer. During the debate on the tobacco legislation that has that kind of support. Patients should have the right to ap- islation, as I mentioned, Republicans But we are told we cannot even debate peal their plans’ decisions to inde- and Democrats alike voted overwhelm- it tonight. We are told we cannot even pendent third parties. Today, if a ingly to support the proposition that consider it tonight. We are told we can- health plan breaks its promise, the no industry in America should be ex- not even move this legislation to have

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7573 a rollcall vote to see who is for it and But the bill that we were on was im- landing. We had not had one in 20 who is against it. portant. I submit it was a political act years. The Martian landing 20 years be- It is rare for such a broad and diverse by people in this body to derail where fore, in actual dollars, cost 10 times as coalition to come together in support we were going, to introduce onto the much as the one last year. They were of legislation. But they have done so to VA–HUD bill this kind of massive able to accomplish this landing last end the flagrant abuses that hurt so change in agenda to try to create a de- year for one-tenth of the cost 20 years many families. The choice is clear. The bate on health care when this body was before. Senate should stand with patients, on another item. That is what the ma- This is the kind of achievement that families and physicians, not the well- jority leader is for, to try to set agenda is important for our country. The heeled special interests that put profits in a rational way. He has done that. We whole world watched it. Mr. Dan ahead of patients. are going to be on health care later, Goldin, who directs the NASA pro- The American people know what is but we should have stayed on the bill gram, told us that they had more hits going on. Movie audiences across the that we were on. on their web site from around the country erupt in cheers when actress f world than they even had in the United Helen Hunt attacks the abuses of man- States. It was by far the biggest single aged care in the film ‘‘As Good As It NASA time of people tuning in to the NASA Gets.’’ Helen Hunt won an Oscar for Mr. SESSIONS. Mr. President, I am web site from all over the world. that performance, but managed care is disappointed the administration has The world was watching America. We not winning any Oscars from the Amer- seen fit to reduce NASA’s budget by are the leader in space. We need to re- ican people. Everyone knows that man- $183 million this year. Frankly, I think main the leader in space. We are a na- aged care today is not as good as it it ought to be increased. I would like to tion of explorers. That is our heart and gets. share a couple of thoughts about that soul. That is our national char- It is time for Congress to end the with the Members of this body and the acteristic. We have explored this Earth abuses of patients and physicians by people who may be listening. pretty well. We are now exploring the HMOs and managed care health plans. From 1983 to 1992, NASA’s budget heavens. We need to continue forward Too often, managed care is mis- went up from $7 to $14 billion. That is with that. managed care. No amount of distor- less than 1 percent of the national Sure, the space station has gone tions or smokescreens by insurance budget in this country, but that was a over, but from the numbers I have just companies can change those facts. A significant increase. During that time, told you, even though the space station Patients’ Bill of Rights can stop these they made two planetary launches. In has cost more than it should—and a lot abuses, and let’s pass it before more pa- the last number of years, that budget of that is involved with trying to work tients have to suffer. has seen a significant reduction. In with the Russians, who have not been We want to tell our friends on the fact, according to a committee that very effective in fulfilling their portion other side of the aisle that they are was formed in 1991, a committee on the of it, and we need to evaluate that—ev- going to see this amendment day after future of space formed by President erything else they have been doing has day after day after day, until this body Bush, they had the expenditures for been doing more for less. has a chance to debate it and vote on NASA going up to as high as $40 or $50 We are going to be able to continue it. Let me give the assurance of that. billion. As it turned out, under the pre- to have repeat launches at less cost Mr. President, I suggest the absence viously agreed-upon budget for NASA, and more success and highly technical of a quorum. we should be at about $16 or $18 billion. launches that can bring us the kind of The PRESIDING OFFICER (Mr. In fact, that budget has been cut every science and improvements in our life BROWNBACK). The clerk will call the year, and over the last 5 years they that can benefit the entire world. This roll. have sustained a $27 billion reduction is the kind of thing with which Amer- The legislative clerk proceeded to in what was projected for their budget ica needs to be involved. I am excited call the roll. even under our last budget agreement. about it. Mr. SESSIONS. Mr. President, I ask People say, ‘‘Jeff, that is just num- I wish we were still on that bill. I had unanimous consent that the order for bers; it doesn’t mean much.’’ NASA has some things to say about it. We are the quorum call be rescinded. cut its employees since 1993 by 25 per- going to handle health care as we go The PRESIDING OFFICER. Without cent. They have cut their employees 25 down the road, but I think it is impor- objection, it is so ordered. percent. There is no agency in this tant for the people of America to note Mr. SESSIONS. I ask that I be al- American Government that has done a that we moved off that bill because the lowed to proceed as in morning busi- better job of producing more for less other party sought to change the agen- ness. than they have. da that was set, to go off on an entirely The PRESIDING OFFICER. Without In fact, the fiscal year 1994 budget for new tangent, attaching to this bill an objection, it is so ordered. NASA was $14.5 billion, and the fiscal entirely different subject matter that f year 1998 for NASA is $13.6 billion. requires a great deal of debate and dis- During this same time, they have cussion. That was not the appropriate DEBATING THE HEALTH CARE been sustaining these substantial BILL thing to do, and the majority leader losses in income. They are now making did the only thing he could, which is Mr. SESSIONS. Mr. President, I planetary launches one every 10 weeks. pull down the bill. know there has been some brouhaha Whereas they used to do two planetary Mr. President, I thank you for this this afternoon about not being able to launches in 9 years, they are now doing time, and I yield the floor. I suggest debate a health care bill, and I came them one every 10 weeks, even though the absence of a quorum. down here earlier today to talk about their budget is down and employees are The PRESIDING OFFICER. The the bill we were on, the VA–HUD bill, down 25 percent. They are doing some clerk will call the roll. an extremely important piece of legis- remarkable things. The legislative clerk proceeded to lation that was set regularly on this Last July 4, the Martian lander land- call the roll. agenda. Amendments were being of- ed, and we saw those vivid photographs Mr. SESSIONS. Mr. President, I ask fered to it. Everybody has known for that were shipped all over the world. unanimous consent that the order for some time that we were going to be The American people and the people of the quorum call be rescinded. dealing with health care and managed the world stood in amazement as we The PRESIDING OFFICER. Without care and HMOs and that sort of thing. saw the actual ground of the planet objection, it is so ordered. It is certainly going to be coming up on Mars. It was an exciting time. My fam- f our agenda when the time is right, and ily and I watched that in our home everybody will have full opportunity to with amazement and pride at what this THE VERY BAD DEBT BOXSCORE debate that issue. I hope we do. I ex- country had accomplished. Mr. HELMS. Mr. President, at the pect we can make some improvement Let me point this out: 20 years be- close of business yesterday, Monday, in our health care policy in America. fore, we had done another Martian July 6, 1998, the federal debt stood at

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7574 CONGRESSIONAL RECORD — SENATE July 7, 1998 $5,529,920,619,100.92 (Five trillion, five Project in the State of Washington, and for and second time by unanimous con- hundred twenty-nine billion, nine hun- other purposes. sent, and referred as indicated: dred twenty million, six hundred nine- H.R. 1217. An act to extend the deadline under the Federal Power Act for construc- By Mr. TORRICELLI (for himself and teen thousand, one hundred dollars and tion of a hydroelectric project located in the Mr. WELLSTONE): S. 2265. A bill to amend the Social Security ninety-two cents). State of Washington, and for other purposes. Five years ago, July 6, 1993, the fed- H.R. 2202. An act to amend the Public Act to waive the 24-month waiting period for Medicare coverage of individuals disabled eral debt stood at $4,337,116,000,000 Health Service Act to revise and extend the bone marrow donor program, and for other with amyotrophic lateral sclerosis (ALS), to (Four trillion, three hundred thirty- provide Medicare coverage of drugs used for seven billion, one hundred sixteen mil- purposes. H.R. 2864. An act requiring the Secretary of treatment of ALS, and to amend the Public lion). Labor to establish a program under which Health Service Act to increase Federal fund- Ten years ago, July 6, 1988, the fed- employers may consult with State officials ing for research on ALS; to the Committee eral debt stood at $2,554,838,000,000 (Two respecting compliance with occupational on Finance. trillion, five hundred fifty-four billion, safety and health requirements. By Mr. THURMOND (for himself and H.R. 2877. An act to amend the Occupa- Mr. HELMS): eight hundred thirty-eight million). S. 2266. A bill to amend the Americans Fifteen years ago, July 6, 1983, the tional Health Act of 1970. H.R. 3035. An act to establish an advisory with Disabilities Act of 1990 and the Reha- federal debt stood at $1,328,674,000,000 commission to provide advice and rec- bilitation Act of 1973 to exempt State and (One trillion, three hundred twenty- ommendations on the creation of an inte- local agencies operating prisons from the eight billion, six hundred seventy-four grated, coordinated Federal policy designed provisions relating to public services; to the million). to prepare for and respond to serious drought Committee on Labor and Human Resources. By Mr. D’AMATO (for himself and Mr. Twenty-five years ago, July 6, 1973, emergencies. MURKOWSKI): the federal debt stood at $454,404,000,000 H.R. —. An act to provide for an alternative penalty procedure for States that fail S. 2267. A bill to amend the Internal Rev- (Four hundred fifty-four billion, four to meet Federal child support data proc- enue Code of 1986 to grant relief to partici- hundred four million) which reflects a essing requirements, to reform Federal in- pants in multiemployer plans from certain debt increase of more than $5 trillion— centive payments for effective child support section 415 limits on defined benefit pension plans; to the Committee on Finance. $5,075,516,619,100.92 (Five trillion, sev- performance, to provide for a more flexible By Mr. BINGAMAN: penalty procedure for States that violate enty-five billion, five hundred sixteen S. 2268. A bill to amend the Internal Rev- million, six hundred nineteen thou- interjurisdictional adoption requirements, enue Code of 1986 to improve the research sand, one hundred dollars and ninety- and for other purposes. and experimentation tax credit, and for H.J. Res. 113. Joint resolution approving two cents) during the past 25 years. other purposes; to the Committee on Fi- the location of a Martin Luther King, Jr., nance. f Memorial in the Nation’s Capital. By Mr. D’AMATO (for himself and Mr. MESSAGES FROM THE PRESIDENT The enrolled bills and joint resolu- TORRICELLI): tion were signed subsequently by the S. 2269. A bill to establish a cultural and Messages from the President of the President pro tempore (Mr. THUR- training program for disadvantaged individ- United States were communicated to MOND). uals from Northern Ireland and the Republic the Senate by Mr. Williams, one of his of Ireland; to the Committee on Foreign Re- f secretaries. lations. By. Mr. FAIRCLOTH: EXECUTVIE MESSAGES REFERRED MEASURES PLACED ON THE CALENDAR S. 2270. A bill to amend the Federal De- As in executive session the President posit Insurance Act with respect to raising Officer laid before the Senate messages The following bills were read the sec- the level of the Deposit Insurance Fund re- from the President of the United ond time and placed on the calendar: serve ratio and with respect to refunds of ex- States submitting sundry nominations H.R. 2431. An act to establish an Office of cess assessments, and for other purposes; to which were referred to the appropriate Religious Persecution Monitoring, to provide the Committee on Banking, Housing, and for the imposition of sanctions against coun- Urban Affairs. committees. By. Mr. SESSIONS (for Mr. HATCH): (The nominations received today are tries engaged in a pattern of religious persecution, and for other purposes. S. 2271. A bill to simplify and expedite ac- printed at the end of the Senate pro- H.R. 3150. An act to amend title 11, of the cess to the Federal courts for injured parties ceedings.) United States Code, and for other purposes. whose rights and privileges, secured by the United States Constitution, have been de- f f prived by final actions of Federal agencies, MESSAGES FROM THE HOUSE EXECUTIVE AND OTHER or other government officials or entities act- RECEIVED DURING RECESS COMMUNICATIONS ing under color of State law, and for other purposes; read the first time. The following communication was ENROLLED BILLS AND JOINT RESOLUTION f SIGNED laid before the Senate, together with Under the authority of the order of accompanying papers, reports, and doc- SUBMISSION OF CONCURRENT AND the Senate of January 7, 1997, the Sec- uments, which were referred as indi- SENATE RESOLUTIONS retary of the Senate, on July 7, 1998, cated: The following concurrent resolutions during the recess of the Senate, re- EC 5802. A communication from the Sec- and Senate resolutions were read, and ceived a message from the House of retary of Energy, transmitting a draft of referred (or acted upon), as indicated: proposed legislation entitled ‘‘The Com- Representatives announcing that the By Mr. LOTT (for himself, Mr. prehensive Electricity Competition Act’’; to TORRICELLI, Mr. MURKOWSKI, Mr. Speaker has signed the following en- the Committee on Energy and Natural Re- HELMS, Mr. LUGAR, Mr. MACK, Mr. rolled bills and joint resolution: sources. GORTON, Mr. THOMAS, Mr. MCCAIN, S. 731. An act to extend the legislative au- f Mr. GRAMM, Mr. HUTCHINSON, Mr. thority for construction of the National BOND, Mr. DOMENICI, Mr. KEMP- Peace Garden memorial, and for other pur- REPORTS OF COMMITTEES THORNE, Mr. KYL, Mr. ABRAHAM, Mr. poses. The following reports of committees HATCH, Mr. BURNS, Mr. WARNER, Mr. H.R. 651. An act to extend the deadline were submitted: COVERDELL, Mr. FAIRCLOTH, Mr. under the Federal Power Act for construc- MCCONNELL, Mr. CRAIG, Mr. SMITH of tion of a hydroelectric project located in the By Mr. HATCH, from the Committee on New Hampshire, and Mr. BROWN- State of Washington, and for other purposes. the Judiciary, with an amendment in the na- BACK): H.R. 848. An act to extend the deadline ture of a substitute: S.J. Res. 44. A Joint Resolution proposing S. Con. Res. 107. A concurrent resolution under the Federal Power Act applicable to an amendment to the Constitution of the affirming United States commitments to the construction of the AuSable Hydro- United States to protect the rights of crime Taiwan; to the Committee on Foreign Rela- electric Project in New York, and for other victims. tions. purposes. H.R. 960. An act to validate certain convey- f f ances in the City of Tulare, Tulare County, INTRODUCTION OF BILLS AND STATEMENTS ON INTRODUCED California, and for other purposes. JOINT RESOLUTIONS BILLS AND JOINT RESOLUTIONS H.R. 1184. An act to extend the deadline under the Federal Power Act for the con- The following bills and joint resolu- By Mr. TORRICELLI (for himself struction of the Bear Creek Hydroelectric tions were introduced, read the first and Mr. WELLSTONE):

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7575 S. 2265. A bill to amend the Social Se- There being no objection, the bill was disability insurance benefits referred to in curity Act to waive the 24-month wait- ordered to be printed in the RECORD, as such subsection.’’. ing period for Medicare coverage of in- follows: (c) EFFECTIVE DATE.—The amendments made by this section shall apply to benefits Be it enacted by the Senate and House of Rep- dividuals disabled with amyotrophic for months beginning after the date of enact- resentatives of the United States of America in lateral sclerosis (ALS), to provide ment of this Act. Congress assembled, Medicare coverage of drugs used for SEC. 3. MEDICARE COVERAGE OF DRUGS TO treatment of ALS, and to amend the SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. TREAT AMYOTROPHIC LATERAL Public Health Service Act to increase (a) SHORT TITLE.—This Act may be cited as SCLEROSIS (ALS). Federal funding for research on ALS; the ‘‘Amyotrophic Lateral Sclerosis (ALS) (a) IN GENERAL.—Section 1861(s)(2) of the Research, Treatment, and Assistance Act of Social Security Act (42 U.S.C. 1395x(s)(2)) is to the Committee on Finance. 1998’’. amended— AMYOTROPHIC LATERAL SCLEROSIS (ALS) RE- (b) FINDINGS.—Congress finds the fol- (1) by striking ‘‘and’’ at the end of subpara- SEARCH, TREATMENT, AND ASSISTANCE ACT lowing: graph (S); OF 1998 (1) Amyotrophic lateral sclerosis (ALS), (2) by striking the period at the end of sub- ∑ Mr. TORRICELLI. Mr. President, commonly known as Lou Gehrig’s Disease, is paragraph (T) and inserting ‘‘; and’’; and today I introduce legislation that will a progressive neuromuscular disease charac- (3) by adding at the end the following: improve the lives of 30,000 Americans, terized by a degeneration of the nerve cells ‘‘(U) any drug (which is approved by the 850 of whom live in my State of New of the brain and spinal cord leading to the Federal Food and Drug Administration) pre- wasting of muscles, paralysis, and eventual Jersey, who are stricken with scribed for use in the treatment or allevi- death. ation of symptoms relating to amyotrophic Amyotrophic Lateral Sclerosis (ALS). (2) Approximately 30,000 individuals in the lateral sclerosis (ALS);’’. Many of us know ALS as the disease United States are afflicted with ALS at any (b) EFFECTIVE DATE.—The amendments that struck down the famed Yankees time, with approximately 5,000 new cases ap- made by subsection (a) shall apply to drugs 1st baseman, Lou Gehrig. Today, few of pearing each year. furnished on or after the first day of the first us are aware of the tragic effects ALS (3) ALS usually strikes individuals who are month beginning after the date of enactment still has on its victims. 50 years of age or older. of this Act. First diagnosed over 130 years ago, (4) The life expectancy of an individual SEC. 4. INCREASED FEDERAL FUNDS FOR RE- ALS is a fatal neurological disorder with ALS is 3 to 5 years from the time of di- SEARCH INTO AMYOTROPHIC LAT- agnosis. ERAL SCLEROSIS (ALS). that usually strikes individuals over 50 (5) There is no known cure or cause for For the purpose of conducting or sup- years old. Each year, over 5,000 new ALS. porting research on amyotrophic lateral cases are diagnosed, and tragically, life (6) Aggressive treatment of the symptoms sclerosis through the National Institutes of expectancy is only 3 to 5 years. The fi- of ALS can extend the lives of those with the Health, there are authorized to be appro- nancial costs to families of persons disease. Recent advances in ALS research priated $25,000,000 for fiscal year 1999, and with ALS can be up to $200,000 a year. have produced promising leads, many related such sums as may be necessary for each of Mr. President, the legislation I intro- to shared disease processes that appear to the fiscal years 2000 through 2003. Such authorization is in addition to any other au- duce today addresses the need for the operate in many neurodegenerative diseases. (c) PURPOSES.—The purposes of this Act thorization of appropriations that may be federal government to provide in- are— available for such purpose.∑ creased medical services and research (1) to assist individuals suffering from ALS for ALS. First, the bill waives the 24- by waiving the 24-month waiting period for By Mr. THURMOND (for himself month waiting period that ALS pa- medicare eligibility on the basis of disability and Mr. HELMS): tients must endure in order to receive for ALS patients and to provide medicare S. 2266. A bill to amend the Ameri- Medicare services. Since the life-ex- coverage for outpatient drugs and therapies cans with Disabilities Act of 1990 and pectancy for ALS patients is only a few for ALS; and the Rehabilitation Act of 1973 to ex- short years, it is crucial that these in- (2) to increase Federal funding of research empt State and local agencies oper- into the cause, treatment, and cure of ALS. dividuals have access to Medicare serv- ating prisons from the provisions relat- SEC. 2. WAIVER OF 24-MONTH WAITING PERIOD ices as soon as possible. It makes abso- FOR MEDICARE COVERAGE OF INDI- ing to public services; to the Com- lutely no sense to require individuals VIDUALS DISABLED WITH mittee on Labor and Human Resources. to wait two years to receive Medicare AMYOTROPHIC LATERAL SCLEROSIS STATE AND LOCAL PRISON RELIEF ACT services when their life expectancy is (ALS). Mr. THURMOND. Mr. President, I only three to five years. (a) IN GENERAL.—Section 226 of the Social rise today to introduce legislation to Next, the legislation will ensure Security Act (42 U.S.C. 426) is amended— (1) by redesignating subsection (h) as sub- address an undue burden that has aris- Medicare provides coverage for all section (j); and en out of the Americans with Disabil- Food and Drug Administration (FDA) (2) by inserting after subsection (g) the fol- ities Act. drugs used to treat ALS. Medicare lowing new subsection: The purpose of the ADA to give dis- typically does not provide coverage for ‘‘(h) For purposes of applying this section abled Americans the opportunity to drug therapies, but in the case of ALS, in the case of an individual medically deter- fully participate in society and con- the need for an exception is clear. In mined to have amyotrophic lateral sclerosis tribute to it. This was a worthy goal. addition, expanding Medicare coverage (ALS), the following special rules apply: But even legislation with the best of for ALS therapies will hopefully stimu- ‘‘(1) Subsection (b) shall be applied as if intentions often has unintended con- there were no requirement for any entitle- late further research. ment to benefits, or status, for a period sequences. I submit that one of those is Finally, the bill recognizes the need longer than 1 month. the application of the ADA to state and to increase critical research into ALS ‘‘(2) The entitlement under such subsection local prisons throughout America. by authorizing $25 million to the Na- shall begin with the first month (rather than Last month, the Supreme Court ruled tional Institutes of Health. twenty-fifth month) of entitlement or sta- in Pennsylvania Department of Correc- Mr. President, this legislation is sim- tus. tions versus Yeskey that the ADA ap- ple, it’s modest, and the logic is over- ‘‘(3) Subsection (f) shall not be applied.’’. plies to every state prison and local whelming. ALS is a disease that (b) CONFORMING AMENDMENT.—Section 1837 jail in this country. The circuit courts of such Act (42 U.S.C. 1395p) is amended by strikes at every community, with the adding at the end the following new sub- were split on the issue. The Fourth Cir- potential for every American. No one is section: cuit Court of Appeals, my home cir- immune, and everyone is vulnerable. I ‘‘(j) In applying this section in the case of cuit, forcefully concluded that the am pleased to be joined by my col- an individual who is entitled to benefits ADA, as well as its predecessor and league Senator WELLSTONE in intro- under part A pursuant to the operation of companion law, the Rehabilitation Act, ducing legislation that represents a section 226(h), the following special rules did not apply to state prisoners, focus- first real step toward improving the apply: ing on federalism concerns and the fact quality of life for people with ALS ‘‘(1) The initial enrollment period under that the Congress did not make clear subsection (d) shall begin on the first day of while bringing us much closer to find- the first month in which the individual satis- that it intended to involve itself to this ing a cause and a cure. fies the requirement of section 1836(1). degree in an activity traditionally re- Mr. President, I ask unanimous con- ‘‘(2) In applying subsection (g)(1), the ini- served to the states. sent that the text of the bill, in its en- tial enrollment period shall begin on the However, the Supreme Court did not tirety, be printed in the RECORD. first day of the first month of entitlement to agree, holding that the language of the

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7576 CONGRESSIONAL RECORD — SENATE July 7, 1998 Act is broad enough to clearly cover housed in state prisons. The First Con- ability. Were it not for their disability, state prisons. It is not an issue on the gress enacted a law asking the states they may have been assigned to the Federal level because the Federal Bu- to house Federal prisoners in their jails prison closest to their home, and in reau of Prisons voluntarily complies for fifty cents per month. The first that case, every prison would have to with the Act. The Supreme Court did Federal prison was not built until over be able to accommodate every dis- not say whether applying the ADA to 100 years later, and only three existed ability. That could mean every prison state prisons exceeded the Congress’ before 1925. having, for example, mental health powers under the Commerce Clause or Even today, as the size and scope of treatment centers, services for hear- the Fourteenth Amendment, but we Federal government has grown im- ing-impaired inmates, and dialysis should not wait on the outcome of this mensely, only about 6% of prisoners treatment. The cost is potentially argument to act. Although it was ra- are housed in Federal institutions. enormous. tional for the Supreme Court to read Managing that other 94% is a core Adequate funding is hard for prisons the broad language of the ADA the way state function. As the Supreme Court to achieve, especially in state and local it did, it is far from clear that we in has stated, communities where all government funds are scarce. The public is angry the Congress considered the applica- Maintenance of penal institutions is an es- tion of this sweeping new social legis- sential part of one of government’s primary about how much money they have to lation in the prison environment. functions—the preservation of societal order spend to house prisoners. Even with The Seventh Circuit recognized that through enforcement of the criminal law. It prison populations rising, they do not the ‘‘failure to exclude prisoners may is difficult to imagine an activity in which a want more of their money spent on well have been an oversight.’’ The find- State has a stronger interest, or one that is prisoners. Often, there is simply not ings and purpose of the law seem to more intricately bound up with state laws, enough money to make the changes in regulations, and procedures. support this. The introductory lan- challenged programs to accommodate guage of the ADA states, ‘‘The Nation’s The primary function of prisons is to the disabled. If prison administrators proper goals regarding individuals with house criminals. Safety and security do not have the money to change a pro- disabilities are to assure quality of op- are the overriding concerns of prison gram, they will probably have to elimi- portunity, full participation, inde- administration. The rules and regula- nate it. Thus, accommodation could pendent living, and economic self-suffi- tions, the daily schedules, the living mean the elimination of worthwhile educational, recreational, and rehabili- ciency’’ to allow ‘‘people with disabil- and working arrangements—these all tative programs, making all inmates ities * * * to compete on an equal basis revolve around protecting prison employees, inmates, and the public. But worse off. and to pursue those opportunities for Apart from money, accommodation which our free society is justifiably fa- the goal of the ADA is to take away any barrier to anyone with any dismay mean modifying the program in mous.’’ Of course, a prison is not a free such a way as to take away its bene- society, as the findings and purpose of ability. It requires the authorities to provide ‘‘reasonable accommodation’’ ficial purpose. A good example is the the Act envisioned. Indeed, it is quite Supreme Court’s Yeskey case itself. the opposite. In short, as the Ninth Cir- for essentially any disability unless doing so would impose an ‘‘undue bur- Yeskey was declared medically ineli- cuit explained, ‘‘The Act was not de- gible to participate in a boot camp pro- signed to deal specifically with the den’’ or ‘‘a direct threat to the health or safety of others,’’ as broadly defined gram because he had high blood pres- prison environment; it was intended for sure. So, he sued under the ADA. The general societal application.’’ by the courts. Accommodating inmates will interfere with the ability of prison boot camp required rigorous physical In any event, now that the Supreme activity, such as work projects. If the Court has spoken, it is time for the administrators to keep safety and security their overriding concern. program has to be changed to accom- Congress to confront this issue. The modate his physical abilities, it may Congress should act now to exempt The practical effect of the ADA will be that prison officials will have to not meet its basic goals, and the au- state and local prisons from the ADA. thorities may eliminate it. Thus, the grant special privileges to certain in- If we do not, this law will have broad result could be that everyone loses the mates and to excuse others from com- adverse implications for the manage- benefit of an otherwise effective cor- plying with generally-applicable prison ment of these institutions. Prisoners rectional tool. will file an endless number of lawsuits rules. Another impact of the ADA may be demanding special privileges, which The ADA presents a perfect oppor- to make an already volatile prison en- will involve Federal judges in the intri- tunity for prisoners to try to beat the vironment even more difficult to con- cate details of running our state and system, and use the courts to do it. trol. Many inmates are very sensitive local prisons. There are over 1.6 million inmates in to the privileges and benefits that oth- Mr. President, we should continu- state prisons and local jails, and the ers get in a world where privileges are ously remind ourselves that the Con- numbers are rising every year. Indeed, relatively few. Some have irrational stitution created a Federal government the total prison population has grown suspicions and phobias. An inmate who of limited, enumerated powers. Those about 6.5% per year since 1990. Prisons is not disabled may be angry if he be- powers not delegated to the Federal have a substantially greater percent- lieves a disabled prisoner is getting government were reserved to the states age of persons with disabilities that are special treatment, without rationally or the people. As James Madison wrote covered by the ADA than the general accepting that the law requires it, and in Federalist No. 45, ‘‘the powers dele- population, including AIDS, mental re- could take out his anger on others gated to the Federal government are tardation, psychological disorders, around him, including the disabled few and definite. * * * [The powers] learning disabilities, drug addiction, prisoner. which are to remain in the State gov- and alcoholism. Further, administra- We must keep in mind that it is ernments are numerous and indefi- tors control every aspect of prisoners’ judges who will be making these policy nite.’’ The Federal government should lives, such as assigning educational decisions. To determine what vague avoid intrusion into matters tradition- and vocational training, recreation, phrases like ‘‘reasonable accommoda- ally reserved for the states. We must and jobs in prison industries. Combine tion’’ and ‘‘undue burden’’ mean, respect this delicate balance of power. these facts, and the opportunities for judges must get involved in intricate, Unfortunately, federalism is more lawsuits are endless. fact-intensive issues, Essentially, the often spoken about than respected. For example, in most state prison ADA requires judges to micromanage Although the entire ADA raises fed- systems, inmates are classified and as- prisons. Judges are not qualified to sec- eralism concerns, the problem is espe- signed based in part on their disabil- ond-guess prison administrators and cially acute in the prison context. ities. This helps administrators meet make these complex, difficult deci- There are few powers more tradition- the disabled inmates’ needs in a cost- sions. Prisons cannot be run by judicial ally reserved for the states than crime. effective manner. However, under the decree. The crime laws have always been the ADA, prisoners probably will be able to The Supreme Court in recent years province of the states, and the vast ma- claim that they must be assigned to a has recognized this. In apply Constitu- jority of prisoners have always been prison without regard to their dis- tional rights to prisoners, the Court

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7577 has tried to get away from micro- of this Nation. I propose that we start workers relief from the most confis- management and has viewed prisoner by passing this important legislation. catory provisions of section 415 and en- claims deferentially in favor of the ex- Mr. President, I ask unanimous con- able them to receive the full measure pertise of prison officials. It has stated sent that the text of the bill be printed of their retirement savings, consistent that we will not ‘‘substitute our judg- in the RECORD. with the policy goals of the National ment on difficult and sensitive matters There being no objection, the bill was Summit on Retirement Savings re- of institutional administration for the ordered to be printed in the RECORD, as cently sponsored by the President and determinations of those charged with follows: the Congress. the formidable task of running a pris- S. 2266 Mr. President, Congress has recog- on. This approach ensures the ability Be it enacted by the Senate and House of Rep- nized and corrected the adverse effects of corrections officials to anticipate se- resentatives of the United States of America in of section 415 on government employee curity problems and to adopt innova- Congress assembled, pension plans. In fact, as part of the tive solutions to the intractable prob- SECTION 1. SHORT TITLE. Small Business Jobs Protection Act of lems of prison administration, and This Act may be cited as the ‘‘State and 1996 and the Tax Relief Act of 1997, we Local Prison Relief Act’’. avoid unnecessary intrusion of the ju- exempted government employee pen- SEC. 2. EXEMPTIONS FOR STATE AND LOCAL diciary into problems particularly ill AGENCIES OPERATING PRISONS. sion plans from the compensation- suited to resolution by decree.’’ (a) AMERICANS WITH DISABILITIES ACT OF based limit, from certain early retire- Take for example a case from the 1990.—Section 201(1) of the Americans with ment limits, and from other provisions Fourth Circuit, my home circuit, from Disabilities Act of 1990 (42 U.S.C. 12131(1)) is of section 415. Relief measures for 1995. The Court explained that a mor- amended by adding at the end the following: workers covered by multiemployer bidly obese inmate presented correc- ‘‘The term ‘public entity’ does not include plans have been passed three times by tions officials ‘‘with a lengthy and any department, agency, district, or instru- the Senate, most recently in the Sen- mentality of a State or local government ever-increasing list of modifications ate version of the Taxpayer Relief Act which he insisted were necessary to ac- that operates a prison, as defined in section 3626(g) of title 18, United States Code, with of 1997. Unfortunately, those changes commodate his obese condition. Thus, respect to the services, programs, or activi- were not maintained in the Senate/ he demanded a larger cell, a cell closer ties relating to the prison.’’. House Conference Report. to support facilities, handrails to assist (b) REHABILITATION ACT OF 1973.—Section Section 415 was enacted more than him in using the toilet, wider en- 504(b) of the Rehabilitation Act of 1973 (29 two decades ago when the pension trances to his cell and the showers, U.S.C. 794(b)) is amended by adding at the end of the following: ‘‘Notwithstanding the world was quite different than today. non-skid matting in the lobby area, The section 415 limits were designed to and alternative outdoor recreational preceding sentence, for the purposes of this section, the term ‘program or activity’ does contain the tax-sheltered pensions that activities to accommodate his inability not include any operations relating to a pris- could be received by highly paid execu- to stand or walk for long periods.’’ It is on, as defined in section 3626(g) of title 18, tives and professionals. The passage of not workable for judges to resolve all United States Code, by any entity described time and Congressional action has of these questions. in any of paragraphs (1) through (4).’’. stood this original design on its head. It is noteworthy that a primary pur- Today, the limits are forcing cutbacks pose of the Prison Litigation Reform By Mr. D’AMATO (for himself in the pensions of rank-and-file work- Act was to stop judges from microman- and Mr. MURKOWSKI): ers. Executives and professionals are aging prisons and to reduce the bur- S. 2267. A bill to amend the Internal now able to receive pensions far in ex- dens of prison litigation. As the Chief Revenue Code of 1986 to grant relief to cess of the section 415 limits by estab- Justice of the Supreme Court recently participants in multiemployer plans lishing non-qualified supplemental re- recognized, the PLRA is having some from certain section 415 limits on de- tirement programs. success. However, this most recent Su- fined benefit pension plans; to the preme Court decision will hamper that Committee on Finance. Generally, section 415 limits the benefits payable to a worker by defined progress. MULTIEMPLOYER DEFINED BENEFIT PENSION Moreover, the ADA delegated to Fed- LEGISLATION benefit pension plans to the lesser of (1) eral agencies the authority to create Mr. D’AMATO. Mr. President, today I the worker’s average annual compensa- regulations to implement the law. introduce legislation with my friend tion for the three consecutive years State and local correction authorities and colleague, Senator MURKOWSKI, to when his compensation was the highest must fall in line behind these regula- correct an inequity in the Tax Code (the compensation-based limit); and (2) tions. In yet another way, we will have that deprives working people of hard a dollar limit that is sharply reduced if the Justice Department exercising reg- earned pension benefits. The problem is a worker retires before the Social Se- ulatory oversight over our state and section 415 of the Internal Revenue curity normal retirement age of 65 or local communities. Code, which sets compensation based 66. Prisons are fundamentally different limits and a dollar limit on pension The compensation-based limit as- from other places in society. Prisoners plans. In effect, these section 415 limits sumes that the pension earned under a are not entitled to all of the rights and discourage retirement savings. plan is linked to each worker’s salary, privileges of law-abiding citizens, but Workers are being denied the full as is typical in corporate pension plans they often get them. They have cable benefits that they have earned through (e.g., a percentage of the worker’s final television. They have access to better many years of labor and on which they year’s salary for each year of employ- gyms and libraries than most Ameri- and their spouses have counted in plan- ment). That assumption is wrong as ap- cans. The public is tired of special ning their retirement. We can all applied to multiemployer pension plans. privileges for prisoners. Applying the preciate the frustration and anger of Multiemployer plans, which cover ADA to prisons is a giant step in the workers who are told, upon applying more than ten million individuals, wrong direction. Prisoners will abuse for their pension, that the federal gov- have long based their benefits on the the ADA to get privileges they were ernment won’t let their pension plan collectively bargained contribution previously denied, and the reason will pay them the full amount of the bene- rates and years of covered employment be the overreaching hand of the Fed- fits that they earned under the rules of with one or more of the multiple em- eral government. We should not let their plan. For some workers, this ben- ployers which contribute to the plan. this happen. efit cutback means that they will not In other words, benefits earned under a Mr. President, the National Govern- be able to retire when they wanted or multiemployer plan generally have no ment has gone full circle. We have gone needed to. For other workers, it means relationship to the wages received by a from asking the states to house Fed- retirement with less income to live on, worker from the contributing employ- eral prisoners to dictating to the states and in some cases, retirement without ers. The same benefit level is paid to how they must house their own pris- health care coverage and other neces- all workers with the same contribution oners. There must be some end to the sities of life. and covered employment records re- powers of the Federal government, and The bill that Senator MURKOWSKI and gardless of their individual wage his- to the privileges it grants the inmates I are introducing today will give these tories.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7578 CONGRESSIONAL RECORD — SENATE July 7, 1998 A second assumption underlying the pension benefit cutbacks will not be and experimentation tax credit ex- compensation based limit is that workable to afford the health care coverage pired, once again. Once again, U.S. in- ers’ salaries increase steadily over the that they need. Workers who retire be- dustry was left in a state of uncer- course of their careers so that the fore they become eligible for Medicare tainty as to how to value its invest- three highest salary years will be the are typically required to pay all or a ments in research and development, last three consecutive years. While this substantial part of the cost of their which are really investments in the salary history may be the norm in the health insurance. Section 415 pension economic future of our country. Today, corporate world, it is unusual in the cutbacks deprive workers of income I am introducing a bill to extend per- multiemployer plan world. In multiem- they need to bear these health care manently and improve the research ployer plan industries like building and costs. This is contrary to the sound and experimentation tax credit. It is construction, a worker’s wage earnings public policy of encouraging workers the fruit of analysis from the staff of typically fluctuate from year-to-year and retirees to responsibly provide for the Joint Economic Committee, of according to several variables includ- their health care. which I am the ranking member. It is ing the availability of covered work I urge my colleagues on both sides of also the product of consultations with and whether the worker is unable to the aisle to cosponsor this important a spectrum of groups who share my work due to illness or disability. An in- and necessary legislation. concern for our Nation’s future sci- Mr. President, I ask unanimous con- dividual worker’s wage history may in- entific and technological strength. The sent that the text of the bill be printed clude many dramatic ups-and-downs. bill would, briefly, make the existing in the RECORD. Because of these fluctuations, the There being no objection, the bill was R&E tax credit permanent, improve three highest years of compensation ordered to be printed in the RECORD, as the economic efficiency and practi- for many multiemployer plan partici- follows: cality of the alternative incremental pants are not consecutive. Con- S. 2267 credit, convert the existing basic re- sequently, the section 415 compensa- Be it enacted by the Senate and House of Rep- search credit into a flat credit, and action-based limit for these workers is resentatives of the United States of America in company the basic research credit artificially low; lower than it should be Congress assembled, (which is aimed mostly at research in if they were covered by corporate SECTION 1. TREATMENT OF MULTIEMPLOYER universities) with a new credit for non- plans. PLANS UNDER SECTION 415 LIMIT profit research consortia. The bill also The dollar limit under section 415 is ON DEFINED BENEFIT PENSION makes a number of technical and clari- forcing severe cutbacks in the earned PLAN BENEFITS. (a) DOLLAR LIMIT REDUCTION.—Subpara- fying adjustments to the basic research pensions of workers who retire under graph (F) of section 415(b)(2) of the Internal credit, so that it will be easier to use. multiemployer pension plans before Revenue Code of 1986 (relating to plans main- I am not the first Member of this they reach age 65. For example, contained by governments and tax-exempt orga- body to propose to make the R&E tax struction work is physically hard, and nizations) is amended— credit permanent, or to propose im- is often performed under harsh cli- (1) by striking ‘‘AND TAX-EXEMPT ORGANIZA- provements in its functioning. I plan to matic conditions. Workers are worn TIONS’’ in the heading and inserting ‘‘, TAX- work with other similarly-minded Sen- EXEMPT ORGANIZATIONS, AND MULTIEMPLOYER down sooner than those in most other ators in the days to come to see if we PLANS’’, and industries. Often, early retirement is a (2) by inserting in the first sentence ‘‘a can construct an even broader coali- must. Multiemployer pension plans ac- multiemployer plan (as defined in section tion to make these permanent im- commodate these needs of their cov- 414(f)),’’ after ‘‘subtitle’’. provements in the R&E tax credit a re- ered worker by providing for early re- (b) AVERAGE COMPENSATION LIMIT.—Para- ality this year. tirement, disability, and service pen- graph (11) of section 415(b) of such Code (re- I ask unanimous consent that the sions that provide a subsidized, partial lating to a special limitation rule for govern- text of this bill be printed in the mental plans) is amended to read as follows: RECORD. or full pension benefit. ‘‘(11) SPECIAL LIMITATION RULE FOR GOVERN- There being no objection, the bill was As it stands now, section 415 is forc- MENTAL AND MULTIEMPLOYER PLANS.—In the ing cutbacks in these pensions because case of a governmental plan (as defined in ordered to be printed in the RECORD, as the dollar limit is severely reduced for section 414(d)) or a multiemployer plan (as follows: each year you are under the normal So- defined in section 414(f)), subparagraph (B) of S. 2268 cial Security retirement age. For a paragraph (1) shall not apply.’’. Be it enacted by the Senate and House of Rep- worker who retires at age 50, the dollar (c) COMBINING AND AGGREGATION OF resentatives of the United States of America in limit restricts their pension at about PLANS.— Congress assembled. (1) COMBINING OF PLANS.—Subsection (f) of SECTION 1. PERMANENT EXTENSION OF RE- $40,000 per year. section 415 of such Code (relating to com- This reduced limit applies regardless SEARCH CREDIT. bining of plans) is amended by adding at the (a) IN GENERAL.—Section 41 of the Internal of the circumstances under which the end the following: Revenue Code of 1986 (relating to credit for worker retires and regardless of his ‘‘(3) EXCEPTION FOR MULTIEMPLOYER PLAN.— increasing research activities) is amended by plan’s rules regarding retirement age. Notwithstanding paragraph (1) and sub- striking subsection (h). A multiemployer plan participant who section (g), a multiemployer plan (as defined (b) CONFORMING AMENDMENT.—Section becomes disabled and is forced into in section 414(f)) shall not be combined or ag- 45C(b)(1) of the Internal Revenue Code of 1986 early retirement is nonetheless subject gregated with any other plan maintained by is amended by striking subparagraph (D). to the reduced limit. In addition, a con- an employer for purposes of applying the SEC. 2. IMPROVED ALTERNATIVE INCREMENTAL limitations established in this section.’’. struction worker who, after 30 years of CREDIT. (2) CONFORMING AMENDMENT FOR AGGREGA- (a) IN GENERAL.—Section 41 of the Internal demanding labor, has well-earned a 30- TION OF PLANS.—Subsection (g) of section 415 Revenue Code of 1986 (as amended by section and-out service pension at age 50, is of such Code (relating to aggregation of 1 of this Act) is amended by adding at the nonetheless subject to the reduced plans) is amended by striking ‘‘The Sec- end the following new subsection: limit. retary’’ and inserting ‘‘Except as provided in ‘‘(h) ELECTION OF ALTERNATIVE INCRE- Our bill will ease this early retire- subsection (f)(3), the Secretary’’. MENTAL CREDIT.— ment benefit cutback by extending to (d) EFFECTIVE DATE.—The amendments ‘‘(1) IN GENERAL.—At the election of the made by this section shall apply to plan workers covered by multiemployer taxpayer, the credit under subsection (a)(1) years beginning after December 31, 1997. shall be determined under this subsection by plans some of the more favorable early taking into account the modifications pro- retirement rules that now apply to By Mr. BINGAMAN: vided by this subsection. government employee pension plans S. 2268. A bill to amend the Internal ‘‘(2) DETERMINATION OF BASE AMOUNT.— and other retirement plans. These rules Revenue Code of 1986 to improve the re- ‘‘(A) IN GENERAL.—In computing the base still provide for a reduced dollar limit search and experimentation tax credit, amount under subsection (c)— for retirements earlier than age 62, but and for other purposes; to the Com- ‘‘(i) notwithstanding subsection (c)(3), the fixed-based percentage shall be equal to 85 the reduction is less severe than under mittee on Finance. percent of the percentage which the aggre- the current rules that apply to multi- RESEARCH AND EXPERIMENTATION TAX CREDIT gate qualified research expenses of the tax- employer plans. LEGISLATION payer for the base period is of the aggregate Mr. President, I am particularly con- Mr. BINGAMAN. Mr. President, last gross receipts of the taxpayer for the base cerned that early retirees who suffer Tuesday, June 30, 1998, the research period, and

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7579 ‘‘(ii) the minimum base amount under sub- (e)(1)(A)’’ and inserting ‘‘for the taxable of the total amounts received by such orga- section (c)(2) shall not apply. year’’. nization during such calendar year for sci- ‘‘(B) START-UP AND SMALL TAXPAYERS.—In (B) Section 41(e) of such code is amended entific or engineering research, and computing the base amount under subsection by striking paragraphs (3), (4), and (5) and by ‘‘(F) to which no single person paid or in- (c), the gross receipts of a taxpayer for any redesignating paragraphs (6) and (7) as para- curred (including as contributions) more taxable year in the base period shall be graphs (3) and (4), respectively. than 25 percent of such total amounts. treated as at least equal to $1,000,000. (C) Section 41(e)(4) of such Code (as redes- All persons treated as a single employer ‘‘(C) BASE PERIOD.—For purposes of this ignated) is amended by striking subpara- under subsection (a) or (b) of section 52 shall subsection, the base period is the 8-taxable graph (B) and by redesignating subpara- be treated as related persons for purposes of year period preceding the taxable year (or, if graphs (C), (D), and (E) as subparagraphs (B), subparagraphs (D) and (E), and as a single shorter, the period the taxpayer (and any (C), and (D), respectively. person for purposes of subparagraph (F).’’ predecessor) has been in existence). (D) Clause (i) of section 170(e)(4)(B) of such (c) CONFORMING AMENDMENT.—Paragraph ‘‘(3) QUALIFIED RESEARCH.— Code is amended by striking ‘‘section (3) of section 41(b) of such Code is amended ‘‘(A) IN GENERAL.—Notwithstanding sub- 41(e)(6)’’ and inserting ‘‘section 41(e)(3)’’. by striking subparagraph (C). section (d), the term ‘qualified research’ (b) BASIC RESEARCH.— (d) EFFECTIVE DATE.—The amendments means research with respect to which ex- (1) SPECIFIC COMMERCIAL OBJECTIVE.—Sec- made by this section shall apply to taxable penditures are treated as research and devel- tion 41(e)(4) of the Internal Revenue Code of years beginning after December 31, 1998. opment costs for the purposes of a report or 1986 (relating to definitions and special rules) statement concerning such taxable year— is amended by adding at the end the fol- By Mr. FAIRCLOTH: ‘‘(i) to shareholders, partners, or other pro- lowing new subparagraph: S. 2270. A bill to amend the Federal prietors, or to beneficiaries, or ‘‘(F) SPECIFIC COMMERCIAL OBJECTIVE.—For Deposit Insurance Act with respect to ‘‘(ii) for credit purposes. purposes of subparagraph (A), research shall raising the level of the Deposit Insur- Such term shall not include any research de- not be treated as having a specific commercial objective if all results of such research ance Fund reserve ratio and with re- scribed in subparagraph (F) of (H) of sub- spect to refunds of excess assessments, section (d)(4). are to be published in such a manner as to be available to the general public prior to their and for other purposes; to the Com- ‘‘(B) FINANCIAL ACCOUNTING STANDARDS.— ‘‘(i) IN GENERAL.—Subparagraph (A) shall use for a commercial purpose.’’ mittee on Banking, Housing, and only apply to the extent that the treatment (2) EXCLUSIONS FROM BASIC RESEARCH.—Sec- Urban Affairs. of expenditures as research and development tion 41(e)(4)(A) of the Internal Revenue Code LEGISLATION TO PROVIDE A REFUND OF EXCESS costs is consistent with the Statement of Fi- of 1986 (as redesignated by subsection (a)) is RESERVES IN THE BANK INSURANCE FUND nancial Accounting Standards No. 2 Ac- amended by striking clause (ii) and inserting Mr. FAIRCLOTH. Mr. President, in counting for Research and Development the following: ‘‘(ii) basic research in the arts or human- 1991, the Congress reformed the FDIC Costs. ities.’’ and mandated that the fund keep a re- ‘‘(ii) SIGNIFICANT CHANGES.—If the Sec- (c) EXPANSION OF CREDIT TO RESEARCH AT serve to deposit ratio of 1.25%. Fortu- retary determines that there is any signifi- FEDERAL LABORATORIES.—Section 41(e)(3) of cant change in the accounting standards de- nately, no government funds were used the Internal Revenue Code of 1986 (as redes- scribed in clause (i) after the date of enact- to keep the FDIC solvent when this ignated by subsection (a)(2)(C) of this sec- ment of this subsection— was mandated in 1991. It was thought tion) is amended by adding at the end the ‘‘(I) the Secretary shall notify the Com- by many that it would take years for following new subparagraph: mittee on Ways and Means of the House of ‘‘(E) FEDERAL LABORATORIES.—Any organi- the fund to reach that level, but, Representatives and the Committee on Fi- zation which is a federal laboratory within enough funds flowed into the Bank In- nance of the Senate of such change, and the meaning of that term in section 4(6) of surance Fund that this reserve level ‘‘(II) such change shall not be taken into the Stevenson-Wydler Technology Innova- was met relatively quickly. account for any taxable year beginning be- tion Act of 1980 (15 U.S.C. 3703(6)).’’ fore the date which is 1 year after the date of What has been happening for the past (d) EFFECTIVE DATE.—The amendments notice under subclause (I). few years, however, is that the Fund is made by this section shall apply to taxable ‘‘(C) TRANSITION RULE.—At the election of generating billions in interest and is years beginning after December 31, 1998. the taxpayer, this paragraph shall not apply now well over the designated reserve in computing the base amount for any tax- SEC. 4. CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE RE- ratio of 1.25%. The Fund can only be able year in the base period beginning before SEARCH CONSORTIA. used to provide for losses to the insur- January 1, 1999. (a) CREDIT FOR EXPENSES ATTRIBUTABLE TO ance fund, however, because the BIF is ‘‘(4) ELECTION.—An election under this sub- CERTAIN COLLABORATIVE RESEARCH CON- considered on budget these excess section shall apply to the taxable year for SORTIA.—Subsection (a) of section 41 of the funds are effectively being used to ex- which made and all succeeding taxable years Internal Revenue Code of 1986 (relating to unless revoked with the consent of the Sec- aggerate the government surplus. The credit for increasing research activities) is law envisioned a stop in the need for retary.’’ amended by— (b) ASSISTANCE TO SMALL AND START-UP (1) striking ‘‘and’’ at the end of paragraph additional premiums once that fund hit BUSINESSES.—The Secretary of the Treasury (1); its legal limit, but it never made provi- or his delegate shall take such actions as are (2) striking the period at the end of para- sions for excess reserves building and appropriate to— graph (2) and inserting ‘‘, and’’; and building year after year. (1) provide assistance to small and start-up (3) adding at the end the following new Rather than this money piling up in businesses in complying with the require- paragraph: the Bank Insurance Fund, I think it ments of section 41 of the Internal Revenue ‘‘(3) 20 percent of the amounts paid or in- Code of 1986, and would be put to greater use if these curred during the taxable year (including as funds were recycled back into the (2) reduce the costs of such compliance. contributions) to a qualified research consor- (c) CONFORMING AMENDMENT.—Section 41(c) tium.’’ banking system, and back into our of the Internal Revenue Code of 1986 is (b) QUALIFIED RESEARCH CONSORTIUM DE- economy. amended by striking paragraph (4) and redes- FINED.—Subsection (f) of such Code is amend- Today, I am introducing legislation ignating paragraphs (5) and (6) as paragraphs ed by adding at the end the following new that would require that the Fund pro- (4) and (5), respectively. paragraph: vide a refund of this excess revenue (d) EFFECTIVE DATE.—The amendments ‘‘(6) QUALIFIED RESEARCH CONSORTIUM.—The when it reaches a reserve level of 1.5%. made by this section shall apply to taxable term ‘qualified research consortium’ means years beginning after December 31, 1998. This means that the Fund could main- any organization which— tain a cushion of 20% above the level SEC. 3. MODIFICATIONS TO CREDIT FOR BASIC ‘‘(A) is described in section 501(c)(3) and is RESEARCH. exempt from tax under section 501(a). that is required by law, but once that (a) ELIMINATION OF INCREMENTAL REQUIRE- ‘‘(B) is organized and operated primarily to outer level is reached, the excess would MENT.— conduct scientific or engineering research, have to be refunded. (1) IN GENERAL.—Paragraph (1) of section ‘‘(C) is not a private foundation, Mr. President, the Bank Insurance 41(e) of the Internal Revenue Code of 1986 is ‘‘(D) to which at least 15 unrelated persons Fund is composed entirely of non-gov- amended to read as follows: paid or incurred (including as contributions), ernment funds. The money in this ‘‘(1) IN GENERAL.—The amount of basic re- during the calendar year in which the tax- Fund is derived from assessments on search payments taken into account under able year of the organization begins, the banking industry. The Congress subsection (a)(2) shall be determined in ac- amounts to such organization for scientific cordance with this subsection.’’. or engineering research, chose a level at which the Fund could (2) CONFORMING AMENDMENTS.— ‘‘(E) to which no 3 unrelated persons paid operate safely, and that level is being (A) Section 41(a)(2) of such Code is amend- or incurred (including as contributions) dur- met, in fact, it is being exceeded. At ed by striking ‘‘determined under subsection ing such calendar year more than 50 percent the end of 1997, the Fund held nearly

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7580 CONGRESSIONAL RECORD — SENATE July 7, 1998 $28 billion. I think it is wrong, how- cosponsor of S. 411, a bill to amend the HUTCHISON] and the Senator from Mis- ever, to use the money paid by the Internal Revenue Code of 1986 to pro- sissippi [Mr. LOTT] were added as co- banking industry to earn revenue for vide a tax credit for investment nec- sponsors of S. 1868, a bill to express the government and not recycle that essary to revitalize communities with- United States foreign policy with re- money back into the economy. The in the United States, and for other pur- spect to, and to strengthen United Fund earned nearly $1.5 billion in in- poses. States advocacy on behalf of, individ- terest last year. S. 484 uals persecuted for their faith world- If this amount of money were put At the request of Mr. DEWINE, the wide; to authorize United States ac- back into the economy, $1.5 billion in name of the Senator from Ohio [Mr. tions in response to religious persecu- capital could sustain another $15 bil- GLENN] was added as a cosponsor of S. tion worldwide; to establish an Ambas- lion in loans. 484, a bill to amend the Public Health sador at Large on International Reli- I do not know when the Fund will Service Act to provide for the estab- gious Freedom within the Department reach 1.5% reserve to deposit ratio. The lishment of a pediatric research initia- of State, a Commission on Inter- FDIC is projecting that the reserve tive. national Religious Persecution, and a ratio could be anywhere between 1.36% S. 1252 Special Adviser on International Reli- and 1.43% by the end of this year. At the request of Mr. D’AMATO, the gious Freedom within the National Se- Clearly, my legislation means that names of the Senator from Georgia curity Council; and for other purposes. sometime within the next two years, [Mr. COVERDELL] and the Senator from S. 1924 there will be a level reached at which Virginia [Mr. ROBB] were added as co- At the request of Mr. MACK, the name this money will be put back into the sponsors of S. 1252, a bill to amend the of the Senator from Arizona [Mr. economy. Internal Revenue Code of 1986 to in- MCCAIN] was added as a cosponsor of S. When I first came to Washington, I crease the amount of low-income hous- 1924, a bill to restore the standards noticed that many believed money was ing credits which may be allocated in used for determining whether technical simply appropriated. Actually, money each State, and to index such amount workers are not employees as in effect has to be created. Somebody, some- for inflation. before the Tax Reform Act of 1986. where had to do something, drive a RAHAM At the request of Mr. G , the S. 1993 truck, wait on a table, build a house— name of the Senator from Georgia [Mr. At the request of Ms. COLLINS, the somebody had to create wealth. This is CLELAND] was added as a cosponsor of name of the Senator from South Da- the point of this legislation—we need S. 1252, supra. kota [Mr. JOHNSON] was added as a co- to send money back into the private S. 1423 sector so that it can be used to create sponsor of S. 1993, a bill to amend title At the request of Mr. HAGEL, the XVIII of the Social Security Act to ad- new wealth, new jobs and new opportu- name of the Senator from Idaho [Mr. nities. Letting this money accumulate just the formula used to determine KEMPTHORNE] was added as a cosponsor costs limits for home health agencies in Washington will not create new op- of S. 1423, a bill to modernize and im- portunities for the American people. under medicare program, and for other prove the Federal Home Loan Bank purposes. That is why I am introducing this leg- System. S. 2017 islation, which I think is balancing the S. 1529 At the request of Mr. D’AMATO, the need for both a safe and sound deposit At the request of Mr. KENNEDY, the insurance fund and the need to keep names of the Senator from Maryland name of the Senator from West Vir- ginia [Mr. ROCKEFELLER] was added as dollars in banking system for new lend- [Mr. SARBANES] and the Senator from a cosponsor of S. 2017, a bill to amend ing and new growth. Hawaii [Mr. AKAKA] were added as co- f sponsors of S. 1529, a bill to enhance title XIX of the Social Security Act to provide medical assistance for breast ADDITIONAL COSPONSORS Federal enforcement of hate crimes, and for other purposes. and cervical cancer-related treatment S. 236 services to certain women screened and S. 1563 RAMS found to have breast or cervical cancer At the request of Mr. G , the At the request of Mr. SMITH, the under a Federally funded screening name of the Senator from Colorado name of the Senator from Kentucky LLARD program. [Mr. A ] was added as a cosponsor [Mr. MCCONNELL] was added as a co- of S. 236, a bill to abolish the Depart- sponsor of S. 1563, a bill to amend the S. 2040 ment of Energy, and for other pur- Immigration and Nationality Act to es- At the request of Mr. BAUCUS, the poses. tablish a 24-month pilot program per- name of the Senator from Iowa [Mr. S. 358 mitting certain aliens to be admitted HARKIN] was added as a cosponsor of S. At the request of Mr. DEWINE, the into the United States to provide tem- 2040, a bill to amend title XIX of the names of the Senator from North Da- porary or seasonal agricultural serv- Social Security Act to extend the au- kota [Mr. DORGAN] and the Senator ices pursuant to a labor condition at- thority of State medicaid fraud control from Washington [Mr. GORTON] were testation. units to investigate and prosecute added as cosponsors of S. 358, a bill to S. 1684 fraud in connection with Federal provide for compassionate payments At the request of Mr. HUTCHINSON, health care programs and abuse of resi- with regard to individuals with blood- the name of the Senator from Ohio dents of board and care facilities. clotting disorders, such as hemophilia, [Mr. DEWINE] was added as a cosponsor S. 2049 who contracted human immuno- of S. 1684, a bill to allow the recovery At the request of Mr. KERREY, the deficiency virus due to contaminated of attorneys’ fees and costs by certain name of the Senator from Alaska [Mr. blood products, and for other purposes. employers and labor organizations who MURKOWSKI] was added as a cosponsor S. 374 are prevailing parties in proceedings of S. 2049, a bill to provide for pay- At the request of Mr. ROBB, the name brought against them by the National ments to children’s hospitals that oper- of the Senator from Nebraska [Mr. Labor Relations Board. ate graduate medical education pro- HAGEL] was added as a cosponsor of S. S. 1757 grams. 374, a bill to amend title 38, United At the request of Ms. SNOWE, the S. 2154 States Code, to extend eligibility for name of the Senator from Illinois [Ms. At the request of Mrs. BOXER, the hospital care and medical services MOSELEY-BRAUN] was added as a co- name of the Senator from North Caro- under chapter 17 of that title to vet- sponsor of S. 1757, a bill to amend the lina [Mr. FAIRCLOTH] was added as a co- erans who have been awarded the Pur- Public Health Service Act to extend sponsor of S. 2154, a bill to promote re- ple Heart, and for other purposes. the program of research on breast can- search to identify and evaluate the S. 411 cer. health effects of silicone breast im- At the request of Mrs. HUTCHISON, the S. 1868 plants, and to ensure that women and name of the Senator from Pennsyl- At the request of Mr. NICKLES, the their doctors receive accurate informa- vania [Mr. SANTORUM] was added as a names of the Senator from Texas [Mrs. tion about such implants.

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S. 2157 SENATE CONCURRENT RESOLUTION 103 Whereas officials of the People’s Republic At the request of Mr. CLELAND, the At the request of Mr. MOYNIHAN, the of China refuse to renounce the use of force name of the Senator from Illinois [Mr. names of the Senator from Wisconsin against democratic Taiwan; Whereas Taiwan has achieved significant DURBIN] was added as a cosponsor of S. [Mr. KOHL] and the Senator from Iowa political and economic strength as one of the 2157, a bill to amend the Small Busi- [Mr. GRASSLEY] were added as cospon- world’s premier democracies and as the 19th ness Act to increase the authorized sors of Senate Concurrent Resolution largest economy in the world; funding level for women’s business cen- 103, a concurrent resolution expressing Whereas Taiwan is the seventh largest ters. the sense of the Congress in support of trading partner of the United States and im- ports more than twice as much annually S. 2158 the recommendations of the Inter- from the United States as does the People’s At the request of Mr. ROBERTS, the national Commission of Jurists on Republic of China; name of the Senator from South Da- Tibet and on United States policy with Whereas no treaties exist between the Peo- kota [Mr. JOHNSON] was added as a co- regard to Tibet. ple’s Republic of China and Taiwan that de- sponsor of S. 2158, a bill to amend the SENATE RESOLUTION 193 termine the future status of Taiwan: Now, therefore, be it Arms Export Control Act to provide At the request of Mr. REID, the that certain sanctions provisions relat- Resolved by the Senate (the House of Rep- names of the Senator from South Da- resentatives concurring), That Congress— ing to prohibitions on credit, credit kota [Mr. JOHNSON] and the Senator (1) affirms its long standing commitment guarantees, or other financial assist- from Hawaii [Mr. INOUYE] were added to Taiwan and the people of Taiwan in ac- ance not apply with respect to pro- as cosponsors of Senate Resolution 193, cordance with the Taiwan Relations Act grams of the Department of Agri- a resolution designating December 13, (Public Law 96–8); culture for the purchase or other provi- 1998, as ‘‘National Children’s Memorial (2) affirms its expectation, consistent with sion of food or other agricultural com- the Taiwan Relations Act, that the future of Day.’’ Taiwan will be determined by peaceful modities. SENATE RESOLUTION 199 means, with the consent of the people of Tai- S. 2180 At the request of Mr. TORRICELLI, the wan, and considers any effort to determine At the request of Mr. LOTT, the names of the Senator from North Da- the future of Taiwan by other than peaceful names of the Senator from Washington kota [Mr. CONRAD] and the Senator means a threat to the peace and security of the Western Pacific and of grave concern to [Mrs. MURRAY], the Senator from Mis- from Illinois [Mr. DURBIN] were added sissippi [Mr. COCHRAN], the Senator the United States; as cosponsors of Senate Resolution 199, (3) affirms its commitment, consistent from Alabama [Mr. SESSIONS], and the a resolution designating the last week with the Taiwan Relations Act, to make Senator from Connecticut [Mr. LIEBER- of April of each calendar year as ‘‘Na- available to Taiwan such defense articles MAN] were added as cosponsors of S. tional Youth Fitness Week.’’ and defense services in such quantities as 2180, a bill to amend the Comprehen- AMENDMENT NO. 3013 may be necessary to enable Taiwan to main- sive Environmental Response, Com- tain a sufficient self-defense capability; At the request of Mr. CAMPBELL the (4) affirms its commitment, consistent pensation, and Liability Act of 1980 to name of the Senator from Nevada [Mr. clarify liability under that Act for cer- with the Taiwan Relations Act, that only the REID] was added as a cosponsor of President and Congress shall determine the tain recycling transactions. amendment No. 3013 intended to be pro- nature and quantity of defense articles and S. 2234 posed to S. 1112, a bill to require the services for Taiwan based solely upon their At the request of Mr. DORGAN, the Secretary of the Treasury to mint judgment of the needs of Taiwan; and name of the Senator from South Da- coins in commemoration of Native (5) urges the President of the United States to seek a public renunciation by the People’s kota [Mr. JOHNSON] was added as a co- American history and culture. sponsor of S. 2234, a bill to require the Republic of China of any use of force, or f threat to use force, against democratic Tai- Secretary of Agriculture to carry out a wan. trade compensation assistance program SENATE CONCURRENT RESOLU- Mr. LOTT. Mr. President, this resolu- if the President, any other member of TION 107—AFFIRMING U.S. COM- tion does not break new ground with the executive branch, or any other pro- MITMENTS TO TAIWAN regard to Taiwan. It simply reaffirms vision of law causes exports from the Mr. LOTT (for himself, Mr. our support of the principles of the 1979 United States to any country to be sus- TORRICELLI, Mr. MURKOWSKI, Mr. Taiwan Relations Act. It calls on the pended for reasons of national security HELMS, Mr. LUGAR, Mr. MACK, Mr. GOR- President to seek a Chinese renunci- policy, and to require the Secretary of TON, Mr. THOMAS, Mr. MCCAIN, Mr. ation of the use of force to affect Tai- Defense to reimburse the Commodity GRAMM, Mr. HUTCHINSON, Mr. BOND, Mr. wan’s future. Credit Corporation for the cost of each DOMENICI, Mr. KEMPTHORNE, Mr. KYL, President Clinton gave two impres- such program. Mr. ABRAHAM, Mr. HATCH, Mr. BURNS, sive performances at Beijing Univer- S. 2245 Mr. WARNER, Mr. COVERDELL, Mr. FAIR- sity and at the joint press conference, At the request of Mr. LAUTENBERG, CLOTH, Mr. MCCONNELL, Mr. CRAIG, Mr. but I am very much concerned about the names of the Senator from Massa- SMITH of New Hampshire, and Mr. the perception of what he had to say, of chusetts [Mr. KENNEDY], the Senator BROWNBACK) submitted the following what the effect is of what he had to say from New Jersey [Mr. TORRICELLI], the concurrent resolution; which was re- with regard to Taiwan. Instead of Senator from Connecticut [Mr. DODD], ferred to the Committee on Foreign pressing Beijing to renounce the use of and the Senator from Rhode Island Relations: force against Taiwan, President Clin- [Mr. REED] were added as cosponsors of S. CON. RES. 107 ton accepted Beijing’s position on Tai- S. 2245, a bill to require employers to Whereas at no time since the establish- wan. By ending the ambiguity of the notify local emergency officials, under ment of the People’s Republic of China on U.S. position, we have harmed demo- the appropriate circumstances, of October 1, 1949, has Taiwan been under the cratic Taiwan’s position. workplace emergencies, and for other control of the People’s Republic of China; Congress has pressed previous admin- purposes. Whereas the United States began its long, istrations to change its policies with peaceful, friendly relationship with Taiwan SENATE JOINT RESOLUTION 50 in 1949; regard to Taiwan. In fact, the Taiwan At the request of Mr. BOND, the Whereas since the enactment of the Tai- Relations Act of 1979 was a clear exam- names of the Senator from California wan Relations Act in 1979, the policy of the ple of congressional restraint on execu- [Mrs. BOXER] and the Senator from Col- United States has been based on the expecta- tive actions on Taiwan. In 1995, we orado [Mr. ALLARD] were added as co- tion that the future relationship between the urged the President to grant a visa to sponsors of Senate Joint Resolution 50, People’s Republic of China and Taiwan would Taiwan’s President to enter the U.S. a joint resolution to disapprove the be determined by peaceful means; for a college reunion. The administra- rule submitted by the Health Care Fi- Whereas in March 1996, the People’s Repub- tion changed its position after Con- nancing Administration, Department lic of China held provocative military ma- neuvers, including missile launch exercises gress took that action. of Health and Human Services on June in the Taiwan Strait, in an attempt to in- This resolution is necessary to cor- 1, 1998, relating to surety bond require- timidate the people of Taiwan during their rect the effects of the statements that ments for home health agencies under historic, free and democratic presidential were made in Shanghai. Before Shang- the medicare and medicaid programs. election; hai, U.S. policy was to acknowledge

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7582 CONGRESSIONAL RECORD — SENATE July 7, 1998 Beijing’s position. Now we have pre- mocracy over the past decades. There is no beneficial impact within China. Mr. Clinton pared to make Beijing’s position our justification for the United States to oppose also got a dollop of personal frosting with policy. their right eventually to determine their Jiang Zemin’s public assurance that his gov- China refuses to take the use of force own future. It would be fine for U.S. officials ernment had investigated ‘‘the so-called po- to reiterate that such a determination must litical contributions in the United States’’ off the table. We should not unilater- take place peacefully and to encourage Tai- and discovered ‘‘there never was such a ally deny Taiwan membership to inter- wan-China dialogue. It would be fine for U.S. thing.’’ There were also some trade con- national organizations, and we should officials to warn Taiwan not to expect U.S. tracts. not take action in concert with the dic- support for a unilateral declaration of inde- Yet even with the President in Shanghai, tatorship in Beijing without even con- pendence. What’s not fine is for the United the on-again, off-again U.S. visit by a local sulting the 21 million people under States at this time to rule out independence opera company was definitely called off. This democratic rule in Taiwan. or any other option the Taiwanese people is not a trifle, since the pique of some petty Instead of undermining Taiwan, we eventually might choose. official overrode contracts supported by both should support our fundamental na- When China threatened Taiwan militarily the Chinese parties and the U.S. parties. in 1996, Mr. Clinton responded with admi- This is precisely the danger of business with tional interest in the peaceful resolu- rable resolve. But now he is trading away the China, as a visiting U.S. President should tion of differences. We do not want to human rights of Taiwan’s 21 million people take time to notice. see a war in the Taiwan Straits. Deter- and sending an unfortunate signal to other President Jiang, by contrast, got his num- rence is the way to avoid such a possi- democracies that might hope to rely on U.S. ber one priority, Mr. Clinton carving the bility. moral support. next slice of salami toward the Chinese goal We should support the provision of As a practical matter, he’s also signifi- of getting the U.S. to coerce Taiwan to join missile defenses to Taiwan so that they cantly weakening Taiwan’s bargaining power China, or alternatively to stand aside while can protect their democracy from a if and when Taiwan and China begin negotia- China invades. Only two years ago, after all, tions. China’s main card always has been the the People’s Liberation Army was ‘‘testing’’ dictatorship’s missiles. We should sup- threat of force; Taiwan’s has been its cam- its missiles over the Taiwan Strait, closing port Taiwan’s membership in inter- paign to establish sovereignty through mem- Taiwan’s major ports and forcing the U.S. to national organizations where they are bership in world organizations and other dispatch two aircraft carrier battle groups to willing and able to help an organiza- means. By explicitly and needlessly slam- the area. tion’s goals—such as free trade and ming the door on that campaign, Mr. Clinton The issue of Taiwanese membership in economic stability. has sided with the dictators against the international organizations is especially ri- There is a second resolution, S. Con. democrats. To pretend this is no change only diculous. We can dismiss the United Nations Res. 30, on the issue of Taiwan’s mem- heightens the offense. as congenitally symbolic, and the sov- bership in the IMF and the World ereignty requirement would not preclude [From the Wall Street Journal, July 2, 1998] Taiwan’s application to the World Trade Or- Bank. It has already been passed out of BILL’S KOWTOW ganization, which recognizes ‘‘customs terri- the Foreign Affairs Committee by tories.’’ But Taiwan is already excluded from unanimous vote. I hope we can pass Just when we were giving President Clin- ton credit for sounding the right notes in presumably serious organizations such as the that resolution this week. China, he managed to turn his visit into a fi- International Monetary Fund and the World I thank Senator TORRICELLI and the asco after all. His kowtowing to China’s Bank, though it is among the world’s top 20 rest of our cosponsors. I urge other col- ‘‘three no’s’’ over Taiwan is likely to set off economies and holds enormous monetary re- leagues to join us because this is cer- a cycle of reactions and counterreactions serves. The world’s remaining superpower tainly a bipartisan issue. I look for- that ultimately will damage rather than im- should be acting to curb this ongoing farce, prove Sino-American relations. not entrench it. ward to rapid Senate action on the res- Mr. Clinton climbed to the pinnacle of pol- olution to reaffirm our relationship The bedrock of U.S. policy toward Taiwan ´ itics by pleasing the audience of the mo- with Taiwan and the primacy of the has always been the Shanghai Communique, issued in 1972 as the two nations began their ment, but the ultimate impact of his Taiwan Relations Act. rapprochement, and affirmed in later agree- de´marche will depend on others offstage, on I ask unanimous consent, Mr. Presi- ments and the Taiwan Relations Act of 1979. Taiwan and Capitol Hill. The Taiwanese are dent, that editorials from the Wall In this document the U.S. declared that it understandably upset, with their foreign Street Journal and the Washington ‘‘acknowledges that all Chinese on either ministry declaring that the U.S. and China Post be printed in the RECORD at this side of the Taiwan Strait maintain there is ‘‘are in no position to conduct bilateral ne- point. but one China and that Taiwan is part of gotiations on anything related to our fu- China. The United States government does ture.’’ Even more to the point, Parris Chang, There being no objection, the articles a leader of the pro-independence Democratic were ordered to be printed in the not challenge that position. It reaffirms its interest in a peaceful settlement of the Tai- Progressive Party said, ‘‘It’s wrong, morally RECORD, as follows: wan question by the Chinese themselves.’’ and politically, for Clinton to collude with [From the Washington Post, July 2, 1998] This was careful ambiguity, for example in the Communist dictatorship to restrict the SIDING WITH THE DICTATORS not dealing with the possibility that what future of a democratic country, Taiwan.’’ The outlines of a deal are beginning to the U.S. acknowledged might someday no The Democratic Progressives’ position is emerge. China gives President Clinton air longer be true. that Taiwan is plainly a separate country, time for his speech. Mr. Clinton says what A shred of this policy remained, of course, and that recognizing reality is always China wants to hear on Taiwan. Then, in in President Clinton’s remark that U.S. pol- progress. They are already likely to form the classic Clinton fashion, the White House icy ‘‘has been’’ that reunification ‘‘has to be next government in Taipei, and Mr. Clinton’s tries to have things both ways, denying that done peacefully.’’ This is something short of acceding to the three no’s almost surely im- U.S. policy has changed when in fact it has, a demand that China renounce the use of proved their standing among Taiwan’s vot- and not for the better. force. And Mr. Clinton’s mouthing of the ers. Back in Washington, Congress, histori- Past administrations recognized the Bei- ‘‘three no’s’’ formula tool place only in a cally supportive of Taiwan and already res- jing government as the legitimate govern- carefully choreographed exchange with a tive over its foreign-policy prerogatives, will ment of China and ‘‘acknowledged’’ China’s specially selected Chinese scholar, with Na- resist Mr. Clinton’s unilateral change in position with regard to Taiwan. But ‘‘ac- tional Security Adviser Sandy Berger rush- long-standing American policy. knowledge’’ did not mean ‘‘accept.’’ The ulti- ing around with notes. That is to say, it was Taiwan is now plainly a democratic nation, mate fate of Taiwan was something for Tai- something the Administration was rather and has every right to determine its own fu- wan and China to work out, peacefully. Be- ashamed of, despite the claim that is was no ture. In the end, the U.S. will not resist this yond that, the United States deliberately change in previous policy. principle, whatever Mr. Clinton said in left its policy shrouded in ambiguity. On that point, consider the President’s lan- Shanghai this week. The danger in Mr. Clin- But recently officials of the Clinton ad- guage: ‘‘We don’t support independence for ton’s words is that the Chinese leaders who ministration have explicitly adopted a Taiwan; or two Chinas; or one Taiwan, one heard them will not only be disappointed but ‘‘three no’s’’ formula much more pleasing to China. And we don’t believe that Taiwan turn truculent. the Communist Chinese: no support for one should be a member in any organization for Mr. LOTT. These articles, certainly Taiwan-one China; no support for Taiwan which statehood is a requirement.’’ Anyone newspapers that don’t always take the independence; no support for Taiwan mem- who reads English can see that this is miles same editorial positions, certainly bership in international organizations such beyond the careful language Richard Nixon agree in this case and express their as the United Nations. Now Mr. Clinton has and Henry Kissinger crafted in 1972. given that policy a presidential stamp of ap- So President Clinton got access to Chinese concern about siding with Beijing on proval—and on Chinese soil, to boot. TV for some statements about human rights this very important issue relating to Why does it matter? Because Taiwan’s 21 and Tibet, giving him the aura he wanted the freedom and the democracy of Tai- million people have forged a prosperous de- back home, and we continue to believe, some wan.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7583 I thank the handlers of this bill and speech and of expression, where people never reached an agreement that the the managers for yielding of this time. choose their own leadership. Taiwan question would be resolved We wanted to get this submission done For all these reasons, Mr. President, through reunification. While the this afternoon. it is important that there not be any United States has not ruled out reuni- I am glad to yield to Senator miscalculation. The policy of this fication as a possibility, we have also TORRICELLI. country toward Taiwan is governed by not ruled out the possibility that the Mr. TORRICELLI. I want to thank the Taiwan Relations Act. We remain question of Taiwan could be resolved in the majority leader for yielding the committed to that democracy and to some other manner, as long as it was time. I am very pleased to join with its security. This is not of some small done peacefully. So there is a dif- the majority leader and my colleagues moment. This is, after all, the 19th ference. in offering this resolution regarding largest economy in the world. Taiwan Our Federal law on this question is the commitment of the United States is the seventh largest trading partner quite clear. Section 2(b)(3) of the Tai- to Taiwan. of the United States—a vibrant democ- wan Relations Act states that ‘‘The fu- Like the majority leader, I, too, want racy in the family of democratic nature of Taiwan will be determined by to congratulate President Clinton for tions. peaceful means.’’ The United States an extraordinarily successful visit to There are many of us who believe has also signed three joint commu- the People’s Republic of China. He cov- that in future years the security of the niques with the People’s Republic of ered the issues of human rights, secu- region would be enhanced by Taiwan’s China which further elaborate our posi- rity, our economic relationships—I be- enhanced relationship with the United tion on Taiwan. While they all speak to lieve there was real progress made. Nations, by its entry into the World the peaceful resolution of the Taiwan Mr. President, it is sometimes said Trade Organization and the Asian De- question, none—none—go so far as to that international conflicts begin more velopment Bank, where its economic speak to the question of reunification. often from miscalculation than design. power could be heard and, indeed, en- So why am I concerned with the I believe it is of service to the Senate hance its economic stability. President’s choice of words while he and to our country to make clear upon Mr. President, for all those who have was in China? Because I think it is mis- President Clinton’s return both what watched this recent trip to Asia, it leading, dangerously misleading. It in- was said and accomplished and, indeed, bears reminding that this Congress dicates to the Chinese and the Tai- what remains in place with regard to wrote the Taiwan Relations Act. The wanese that our policy on Taiwan has the U.S. relations with the people and Taiwan Relations Act governs the rela- changed, when the President says it the government on Taiwan. tionship between the United States and has not. American policy toward Taiwan is all issues affecting the future of Tai- The second incident which raises con- governed by the Taiwan Relations Act. wan and its people. Only this Congress cern, Mr. President, is when President There are 4 principle components of can change the Taiwan Relations Act. Clinton seemingly adopted the ‘‘Three- this Act, accepted by this Congress, the Mr. President, we are all proud of No’s’’ policy long advocated by China. bedrock policy of this country, and President Clinton’s trip to China. I be- The ‘‘Three-No’s’’ policy states the they remain unchanged. lieve that he came home with real sub- United States does not support one First, the future of Taiwan will be stantive accomplishments. I believe it Taiwan, one China; the United States determined by peaceful means. The is also useful, as the majority leader does not support Taiwan independence; Taiwan Relations Act does not say that has pointed out, to make clear both and the United States does not support the people of Taiwan and the mainland what has changed and what has not. Taiwan’s membership in nation-state will be reunited by peaceful means. It The American commitment to Taiwan based international organizations. says the future will be determined by has not changed. It will not change. It As the July 2, 1998, editorial in the peaceful means. That has not been al- is a bedrock of the American commit- Washington Post correctly points out, tered. ment to maintain special relationships the United States has long ‘‘acknowl- Second, the United States affirms with nations that choose their own edged’’ China’s position on Taiwan, but that one of its principle objectives is leaders and live in the democratic fam- has never ever accepted China’s posi- the preservation and enhancement of ily of countries. tion on Taiwan. There is a significant the human rights of the people of Tai- I thank the majority leader for his difference. wan. leadership on this issue. I am proud to I ask unanimous consent that a copy Third, that the United States does join with him on this concurrent reso- of this editorial be printed in the CON- not maintain as its policy the isolation lution. GRESSIONAL RECORD following my re- of Taiwan, its government, or its peo- Mr. MURKOWSKI. Mr. President, I marks. ple but there are many members of this rise to speak on the issue of Taiwan The PRESIDING OFFICER. Without institution, and, indeed, in this govern- and the events concerning Taiwan objection, it is so ordered. ment, that believe it would enhance which transpired during our Presi- (See Exhibit 1.) the security of the region and both peo- dent’s trip to China. While President Mr. MURKOWSKI. Considered collec- ples if Taiwan were admitted to inter- Clinton maintains that he did not tively, which I know the Chinese Gov- national organizations. make any concessions on Taiwan, or in ernment is doing, this could appear to Fourth, the United States remains any way alter our longstanding policy be a major concession by the United committed to sell those defensive towards Taiwan, I am concerned that, States on the issue of Taiwan. My means necessary for the security of the indeed, he may have; and I think the guess is that the Chinese now believe people of Taiwan. facts back me up and show that Presi- that if the Taiwanese people declare Mr. President, at a time of economic dent Clinton may have, in no small independence, the United States will turbulence in Asia, it is notable that way, initiated changes in our policy to- not support them. What does that say there is one government and one people wards Taiwan. for democracy and the ideals that we that are a bedrock of economic sta- I am specifically concerned with two have sworn to uphold and support? bility. Taiwan is a model of develop- incidents, Mr. President. First, during In 1996, when the Chinese military ment of democratic capitalism. It is a a question-and-answer period at Bei- conducted military exercises off the leader in technology and international jing University, President Clinton re- coast of Taiwan in order to influence trade, with a standard of living ob- sponded to a question on Taiwan. He Taiwan’s national Presidential elec- tained for its people that is the envy of remarked that ‘‘when the United tions, President Clinton rightly re- Asia. It is also notable that at a time States and China reached agreement sponded; swiftly and with resolve. He when it is necessary for the President that we would have a one China policy, showed that the United States will not of the United States to discuss human we also reached agreement that reuni- tolerate the threat of the use of force rights with other countries, to discuss fication would occur by peaceful against Taiwan, just as we will not tol- their means of government, that Tai- means.’’ erate the use of force against Taiwan. wan remains a stable democracy, re- Well, Mr. President, to my knowl- Mr. President, I am concerned that specting the freedom of religion and of edge, the United States and China have the President’s statements made in

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7584 CONGRESSIONAL RECORD — SENATE July 7, 1998 China have now sent the wrong mes- own future. It would be fine for U.S. officials government of Taiwan. We look forward to sage, and one that could be desta- to reiterate that such a determination must your reassurance on these issues in advance bilizing both to Taiwan and to the en- take place peacefully and to encourage Tai- of the summit. tire Asian theater. wan-China dialogue. It would be fine for U.S. Sincerely, officials to warn Taiwan not to expect U.S. FRANK H. MURKOWSKI. I think the United States should pur- support for a unilateral declaration of inde- ROBERT G. TORRICELLI. sue our own ‘‘three-no’s’’ policy on the pendence. What’s not fine is for the United TRENT LOTT. question of Taiwan, and they are: We States at this time to rule out independence JESSE HELMS. will not accept any nonpeaceful resolu- or any other option the Taiwanese people ——— ——— tion of the Taiwan question; we will eventually might choose. ALFONSE D’AMATO. not force Taiwan to the table with When China threatened Taiwan militarily TIM JOHNSON. China, nor will we be an intermediary in 1996, Mr. Clinton responded with admi- TOM DASCHLE. in resolving this dispute; and we will rable resolve. But now he is trading away the CRAIG THOMAS. human rights of Taiwan’s 21 million people CHUCK HAGEL. not turn our backs on democracy and and sending an unfortunate signal to other LARRY E. CRAIG. the right of the Taiwanese people, or democracies that might hope to rely on U.S. CONNIE MACK. any people, to live according to free moral support. f democratic principles. As a practical matter, he’s also signifi- So finally, Mr. President, well in ad- cantly weakening Taiwan’s bargaining power AMENDMENTS SUBMITTED vance of President Clinton’s trip to if and when Taiwan and China begin negotia- China, I and a number of colleagues in tions. China’s main card always has been the PRODUCT LIABILITY REFORM ACT the Senate sent a letter to the Presi- threat of force; Taiwan’s has been its campaign to establish sovereignty through mem- OF 1998 dent urging him to press the Chinese bership in world organizations and other Government on renouncing the threat means. By explicitly and needlessly slam- of the use of force against Taiwan. ming the door on that campaign, Mr. Clinton FEINGOLD AMENDMENT NO. 3061 I ask unanimous consent that a copy has sided with the dictators against the (Ordered to lie on the table.) of this letter be printed in the CON- democrats. To pretend this is no change only Mr. FEINGOLD submitted an amend- heightens the offense. GRESSIONAL RECORD following my re- ment intended to be proposed by him marks. EXHIBIT 2 to the bill (S. 648) to establish legal The PRESIDING OFFICER. Without standards and procedures for product objection, it is so ordered. UNITED STATES SENATE, Washington, DC, May 21, 1998. liability litigation, and for other pur- (See Exhibit 2.) poses; as follows: Mr. MURKOWSKI. I, again, call on Hon. WILLIAM J. CLINTON, The President, The White House, After section 302, add the following: the President to insist that the Chinese Washington, DC. TITLE IV—EQUAL ACCESS TO JUSTICE Government renounce the threat of the DEAR MR. PRESIDENT: As you prepare for REFORM use of force against Taiwan and take your summit with the leaders of the People’s SEC. 401. EQUAL ACCESS TO JUSTICE REFORM. great effort to clarify that our position Republic of China in Beijing, we thought it (a) SHORT TITLE.—This title may be cited in support of Taiwan and our commit- appropriate to share with you our thoughts as the ‘‘Equal Access to Justice Reform ment to Taiwan has not changed. regarding U.S. relations with the people and Amendments of 1998’’. Mr. President, I yield the floor, and I the government of Taiwan. We believe Tai- (b) AWARD OF COSTS AND FEES.— thank the floor manager, Senator wan has made extraordinary progress in re- (1) ADMINISTRATIVE PROCEEDINGS.—Section cent years as the Republic of China has 504(a)(2) of title 5, United States Code, is BOND, for the courtesy extended me at moved to establish a vibrant democracy with this time. amended by inserting after ‘‘(2)’’ the fol- free elections, free press, and improved trad- lowing: ‘‘At any time after the commence- Mr. BOND. Mr. President, I thank the ing practices. ment of an adversary adjudication covered Senator from Alaska. We believe the American people are united by this section, the adjudicative officer may I ask unanimous consent that I be in their support for freedom and democracy ask a party to declare whether such party in- added as a cosponsor to the resolution. in Taiwan. Time and again, Congress has tends to seek an award of fees and expenses The PRESIDING OFFICER. Without made clear our commitment to Taiwan, be- against the agency should such party pre- objection, it is so ordered. ginning with the 1979 Taiwan Relations Act, vail.’’. and through many resolutions and bills since (2) JUDICIAL PROCEEDINGS.—Section EXHIBIT 1 then. 2412(d)(1)(B) of title 28, United States Code, is SIDING WITH THE DICTATORS Although we do not know what will be on amended by inserting after ‘‘(B)’’ the fol- The outlines of a deal are beginning to the summit agenda, we do know that the lowing: ‘‘At any time after the commence- emerge. China gives President Clinton air PRC is often eager to try and persuade the ment of an adversary adjudication covered time for his speech. Mr. Clinton says what United States to compromise our support for by this section, the court may ask a party to China wants to hear on Taiwan. Then, in Taiwan and its democracy. Mr. President, we declare whether such party intends to seek classic Clinton fashion, the White House urge you to oppose any efforts at the summit an award of fees and expenses against the tries to have things both ways, denying that by the PRC leadership to diminish American agency should such party prevail.’’. U.S. policy has changed when in fact it has, support for Taiwan. We believe it is impor- (c) HOURLY RATE FOR ATTORNEY FEES.— and not for the better. tant for the United States to make clear at (1) ADMINISTRATIVE PROCEEDINGS.—Section Past administrations recognized, the Bei- the summit that while the U.S. supports a 504(b)(1)(A)(ii) of title 5, United States Code, jing government as the legitimate govern- peaceful dialogue between Taipei and Bei- is amended by striking all beginning with ment of China and ‘‘acknowledged’’ China’s jing, the U.S. has committed not to pressure ‘‘$125 per hour’’ and inserting ‘‘$125 per hour position with regard to Taiwan. By ‘‘ac- Taiwan on this issue and to not play any me- unless the agency determines by regulation knowledge’’ did not mean ‘‘accept.’’ The ulti- diation role. You should reiterate state- that an increase in the cost-of-living based mate fate of Taiwan was something for Tai- ments made recently by members of your ad- on the date of final disposition justifies a wan and China to work out, peacefully. Be- ministration calling on the PRC to renounce higher fee);’’. yond that, the United States deliberately the use of force or the threat of force against (2) JUDICIAL PROCEEDINGS.—Section left its policy shrouded in ambiguity. Taiwan. 2412(d)(2)(A)(ii) of title 28, United States But recently officials of the Clinton ad- Further, we urge you to reject any plans Code, is amended by striking all beginning ministration have explicitly adopted a for a ‘‘Fourth Communique’’ on issues re- with ‘‘$125 per hour’’ and inserting ‘‘$125 per ‘‘three no’s’’ formula much more pleasing to lated to Taiwan; to not weaken our defensive hour unless the court determines that an in- the Communist Chinese: no support for one arms sales commitment to Taiwan (either by crease in the cost-of-living based on the date Taiwan-one China; no support for Taiwan agreeing to set an end date or by agreeing to of final disposition justifies a higher fee);’’. independence; no support for Taiwan mem- hold prior consultations with the PRC); to (d) PAYMENT FROM AGENCY APPROPRIA- bership in international organizations such not make any commitment to limit future TIONS.— as the United Nations. Now Mr. Clinton has visits by the elected representatives of the (1) ADMINISTRATIVE PROCEEDINGS.—Section given that policy a presidential stamp of ap- Republic of China; to not agree to revise the 504(d) of title 5, United States Code, is proval—and on Chinese soil, to boot. Taiwan Relations Act; and to not alter the amended by adding at the end the following: Why does it matter? Because Taiwan’s 21 U.S. position regarding sovereignty over Tai- ‘‘Fees and expenses awarded under this sub- million people have forged a prosperous de- wan. section may not be paid from the claims and mocracy over the past decades. There is no We in Congress are prepared to reiterate judgments account of the Treasury from justification for the United States to oppose the commitment of the American people to funds appropriated pursuant to section 1304 their right eventually to determine their freedom and democracy for the people and of title 31.’’.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7585 (2) JUDICIAL PROCEEDINGS.—Section United States was substantially justified DASCHLE AMENDMENT NO. 3063 2412(d)(4) of title 28, United States Code, is shall be determined on the basis of the Mr. DASCHLE proposed an amend- amended by adding at the end the following: record (including the record with respect to ‘‘Fees and expenses awarded under this sub- the action or failure to act by the agency ment to the bill, S. 2168, supra; as fol- section may not be paid from the claims and upon which the civil action is based) which is lows: judgments account of the Treasury from made in the civil action for which fees and At the appropriate place, insert the fol- funds appropriated pursuant to section 1304 other expenses are sought.’’; and lowing: of title 31.’’. (C) in paragraph (3), by striking ‘‘, unless TITLE ll—PATIENTS’ BILL OF RIGHTS (e) OFFERS OF SETTLEMENT.— the court finds that during such adversary SEC. ll001. SHORT TITLE. (1) ADMINISTRATIVE PROCEEDINGS.—Section adjudication the position of the United This title may be cited as the ‘‘Patients’ 504 of title 5, United States Code, is amend- States was substantially justified, or that Bill of Rights Act of 1998’’. ed— special circumstances make an award un- Subtitle A—Health Insurance Bill of Rights (A) by redesignating subsections (e) and (f) just’’. CHAPTER 1—ACCESS TO CARE as subsections (f) and (g), respectively; and (g) REPORTS TO CONGRESS.— SEC. ll101. ACCESS TO EMERGENCY CARE. (B) by inserting after subsection (d) the (1) ADMINISTRATIVE PROCEEDINGS.—No later (a) COVERAGE OF EMERGENCY SERVICES.— following new subsection: than 180 days after the date of the enactment (1) IN GENERAL.—If a group health plan, or ‘‘(e)(1) At any time after the filing of an of this Act, the Administrative Conference of health insurance coverage offered by a application for fees and other expenses under the United States shall submit a report to health insurance issuer, provides any bene- this section, an agency from which a fee Congress— award is sought may serve upon the appli- fits with respect to emergency services (as (A) providing an analysis of the variations defined in paragraph (2)(B)), the plan or cant an offer of settlement of the claims in the frequency of fee awards paid by spe- made in the application. If within 10 days issuer shall cover emergency services fur- cific Federal agencies under the provisions of nished under the plan or coverage— after service of the offer the applicant serves section 504 of title 5, United States Code; and written notice that the offer is accepted, ei- (A) without the need for any prior author- (B) including recommendations for extend- ization determination; ther party may then file the offer and notice ing the application of such sections to other of acceptance together with proof of service (B) whether or not the health care provider Federal agencies and administrative pro- thereof. furnishing such services is a participating ceedings. ‘‘(2) An offer not accepted shall be deemed provider with respect to such services; UDICIAL PROCEEDINGS.—No later than withdrawn. The fact that an offer is made (2) J (C) in a manner so that, if such services are 180 days after the date of the enactment of but not accepted shall not preclude a subse- provided to a participant, beneficiary, or en- this Act, the Department of Justice shall quent offer. If any award of fees and expenses rollee by a nonparticipating health care pro- submit a report to Congress— for the merits of the proceeding finally ob- vider— (A) providing an analysis of the variations tained by the applicant is not more favorable (i) the participant, beneficiary, or enrollee in the frequency of fee awards paid by spe- than the offer, the applicant shall not be en- is not liable for amounts that exceed the cific Federal districts under the provisions of titled to receive an award for attorneys’ fees amounts of liability that would be incurred section 2412 of title 28, United States Code; or other expenses incurred in relation to the if the services were provided by a partici- and application for fees and expenses after the pating health care provider, and (B) including recommendations for extend- date of the offer.’’. (ii) the plan or issuer pays an amount that ing the application of such sections to other (2) JUDICIAL PROCEEDINGS.—Section 2412 of is not less than the amount paid to a partici- Federal judicial proceedings. title 28, United States Code, is amended— pating health care provider for the same (A) by redesignating subsections (e) and (f) (h) EFFECTIVE DATE.—The provisions of services; and as subsections (f) and (g), respectively; and this title and the amendments made by this (D) without regard to any other term or (B) by inserting after subsection (d) the title shall take effect 30 days after the date condition of such coverage (other than exclu- following new subsection: of the enactment of this Act and shall apply sion or coordination of benefits, or an affili- ‘‘(e)(1) At any time after the filing of an only to an administrative complaint filed ation or waiting period, permitted under sec- application for fees and other expenses under with a Federal agency or a civil action filed tion 2701 of the Public Health Service Act, this section, an agency of the United States in a United States court on or after such section 701 of the Employee Retirement In- from which a fee award is sought may serve date. come Security Act of 1974, or section 9801 of upon the applicant an offer of settlement of the Internal Revenue Code of 1986, and other the claims made in the application. If within than applicable cost-sharing). 10 days after service of the offer the appli- DEPARTMENTS OF VETERANS AF- (2) DEFINITIONS.—In this section: cant serves written notice that the offer is FAIRS AND HOUSING AND URBAN (A) EMERGENCY MEDICAL CONDITION BASED accepted, either party may then file the offer DEVELOPMENT, AND INDE- ON PRUDENT LAYPERSON STANDARD.—The term and notice of acceptance together with proof ‘‘emergency medical condition’’ means a of service thereof. PENDENT AGENCIES APPROPRIA- medical condition manifesting itself by ‘‘(2) An offer not accepted shall be deemed TIONS ACT, 1999 acute symptoms of sufficient severity (in- withdrawn. The fact that an offer is made cluding severe pain) such that a prudent but not accepted shall not preclude a subse- layperson, who possesses an average knowl- quent offer. If any award of fees and expenses edge of health and medicine, could reason- for the merits of the proceeding finally ob- BUMPERS (AND OTHERS) ably expect the absence of immediate med- tained by the applicant is not more favorable AMENDMENT NO. 3062 ical attention to result in a condition de- than the offer, the applicant shall not be en- scribed in clause (i), (ii), or (iii) of section titled to receive an award for attorneys’ fees Mr. BUMPERS (for himself, Mr. 1867(e)(1)(A) of the Social Security Act. or other expenses incurred in relation to the BRYAN, Mr. WELLSTONE, Mrs. (B) EMERGENCY SERVICES.—The term application for fees and expenses after the HUTCHISON, Mr. LEAHY, Mr. KOHL, Mr. ‘‘emergency services’’ means— date of the offer.’’. WYDEN, Mr. FEINGOLD, Mr. DURBIN, and (i) a medical screening examination (as re- (f) ELIMINATION OF SUBSTANTIAL JUSTIFICA- Mr. HUTCHINSON) proposed an amend- quired under section 1867 of the Social Secu- TION STANDARD.— rity Act) that is within the capability of the (1) ADMINISTRATIVE PROCEEDINGS.—Section ment to the bill (S. 2168) making appropriations for the Departments of Vet- emergency department of a hospital, includ- 504 of title 5, United States Code, is amend- ing ancillary services routinely available to ed— erans Affairs and Housing and Urban the emergency department to evaluate an (A) in subsection (a)(1), by striking all be- Development, and for sundry inde- emergency medical condition (as defined in ginning with ‘‘, unless the adjudicative offi- pendent agencies, commissions, cor- subparagraph (A)), and cer’’ through ‘‘expenses are sought’’; and porations, and offices for the fiscal (ii) within the capabilities of the staff and (B) in subsection (a)(2), by striking ‘‘The year ending September 30, 1999, and for facilities available at the hospital, such fur- party shall also allege that the position of other purposes; as follows: ther medical examination and treatment as the agency was not substantially justified.’’. are required under section 1867 of such Act to Strike line 21 on page 76 through line 4 on (2) JUDICIAL PROCEEDINGS.—Section 2412(d) stabilize the patient. of title 28, United States Code, is amended— page 77 and insert the following: (b) REIMBURSEMENT FOR MAINTENANCE CARE (A) in paragraph (1)(A), by striking ‘‘, un- ‘‘For termination of the International AND POST-STABILIZATION CARE.—In the case less the court finds that the position of the Space Station project, $850,000,000. In addi- of services (other than emergency services) United States was substantially justified or tion to the other provisions of this Act, for which benefits are available under a that special circumstances make an award $1,000,000,000 shall be available for the Vet- group health plan, or under health insurance unjust’’; erans Health Administration Medical Care coverage offered by a health insurance (B) in paragraph (1)(B), by striking ‘‘The account and $450,000,000 shall be available for issuer, the plan or issuer shall provide for re- party shall also allege that the position of the Housing Certificate Fund account within imbursement with respect to such services the United States was not substantially jus- the Department of Housing and Urban Devel- provided to a participant, beneficiary, or en- tified. Whether or not the position of the opment’s budget.’’ rollee other than through a participating

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7586 CONGRESSIONAL RECORD — SENATE July 7, 1998 health care provider in a manner consistent enrollee to receive medically necessary or Nothing in this subsection shall be construed with subsection (a)(1)(C) if the services are appropriate specialty care, pursuant to ap- as preventing such a treatment plan for an maintenance care or post-stabilization care propriate referral procedures, from any individual from requiring a specialist to pro- covered under the guidelines established qualified participating health care provider vide the primary care provider with regular under section 1852(d)(2) of the Social Secu- who is available to accept such individual for updates on the specialty care provided, as rity Act (relating to promoting efficient and such care. well as all necessary medical information. timely coordination of appropriate mainte- (2) LIMITATION.—Paragraph (1) shall not (D) REFERRALS TO PARTICIPATING PRO- nance and post-stabilization care of an en- apply to specialty care if the plan or issuer VIDERS.—A group health plan or health in- rollee after an enrollee has been determined clearly informs participants, beneficiaries, surance issuer is not required under subpara- to be stable), or, in the absence of guidelines and enrollees of the limitations on choice of graph (A) to provide for a referral to a spe- under such section, such guidelines as the participating providers with respect to such cialist that is not a participating provider, Secretary shall establish to carry out this care. unless the plan or issuer does not have an ap- subsection. SEC. ll104. ACCESS TO SPECIALTY CARE. SEC. ll102. OFFERING OF CHOICE OF COV- (a) OBSTETRICAL AND GYNECOLOGICAL propriate specialist that is available and ac- ERAGE OPTIONS UNDER GROUP CARE.— cessible to treat the individual’s condition HEALTH PLANS. (1) IN GENERAL.—If a group health plan, or and that is a participating provider with re- (a) REQUIREMENT.— a health insurance issuer in connection with spect to such treatment. (1) OFFERING OF POINT-OF-SERVICE COV- the provision of health insurance coverage, (E) TREATMENT OF NONPARTICIPATING PRO- ERAGE OPTION.—Except as provided in para- requires or provides for a participant, bene- VIDERS.—If a plan or issuer refers an indi- graph (2), if a group health plan (or health ficiary, or enrollee to designate a partici- vidual to a nonparticipating specialist pursu- insurance coverage offered by a health insur- pating primary care provider— ant to subparagraph (A), services provided ance issuer in connection with a group (A) the plan or issuer shall permit such an pursuant to the approved treatment plan (if health plan) provides benefits only through individual who is a female to designate a any) shall be provided at no additional cost participating health care providers, the plan participating physician who specializes in to the individual beyond what the individual or issuer shall offer the participant the op- obstetrics and gynecology as the individual’s would otherwise pay for services received by tion to purchase point-of-service coverage primary care provider; and such a specialist that is a participating pro- (as defined in subsection (b)) for all such ben- (B) if such an individual has not designated vider. efits for which coverage is otherwise so lim- such a provider as a primary care provider, (2) SPECIALISTS AS PRIMARY CARE PRO- ited. Such option shall be made available to the plan or issuer— VIDERS.— the participant at the time of enrollment (i) may not require authorization or a re- (A) IN GENERAL.—A group health plan, or a under the plan or coverage and at such other ferral by the individual’s primary care pro- health insurance issuer, in connection with times as the plan or issuer offers the partici- vider or otherwise for coverage of routine the provision of health insurance coverage, pant a choice of coverage options. gynecological care (such as preventive wom- shall have a procedure by which an indi- (2) EXCEPTION.—Paragraph (1) shall not en’s health examinations) and pregnancy-re- vidual who is a participant, beneficiary, or apply with respect to a participant in a lated services provided by a participating enrollee and who has an ongoing special con- group health plan if the plan offers the par- health care professional who specializes in dition (as defined in subparagraph (C)) may ticipant— obstetrics and gynecology to the extent such receive a referral to a specialist for such con- (A) a choice of health insurance coverage care is otherwise covered, and through more than one health insurance (ii) may treat the ordering of other gyneco- dition who shall be responsible for and capa- issuer; or logical care by such a participating physi- ble of providing and coordinating the indi- (B) two or more coverage options that dif- cian as the authorization of the primary care vidual’s primary and specialty care. If such fer significantly with respect to the use of provider with respect to such care under the an individual’s care would most appro- participating health care providers or the plan or coverage. priately be coordinated by such a specialist, networks of such providers that are used. (2) CONSTRUCTION.—Nothing in paragraph such plan or issuer shall refer the individual (b) POINT-OF-SERVICE COVERAGE DEFINED.— (1)(B)(ii) shall waive any requirements of to such specialist. In this section, the term ‘‘point-of-service coverage relating to medical necessity or ap- (B) TREATMENT AS PRIMARY CARE PRO- coverage’’ means, with respect to benefits propriateness with respect to coverage of VIDER.—Such specialist shall be permitted to covered under a group health plan or health gynecological care so ordered. treat the individual without a referral from insurance issuer, coverage of such benefits (b) SPECIALTY CARE.— the individual’s primary care provider and when provided by a nonparticipating health (1) SPECIALTY CARE FOR COVERED SERV- may authorize such referrals, procedures, care provider. Such coverage need not in- ICES.— tests, and other medical services as the indi- clude coverage of providers that the plan or (A) IN GENERAL.—If— vidual’s primary care provider would other- issuer excludes because of fraud, quality, or (i) an individual is a participant or bene- wise be permitted to provide or authorize, similar reasons. ficiary under a group health plan or an en- subject to the terms of the treatment plan (c) CONSTRUCTION.—Nothing in this section rollee who is covered under health insurance (referred to in paragraph (1)(C)(i)). shall be construed— coverage offered by a health insurance (C) ONGOING SPECIAL CONDITION DEFINED.— (1) as requiring coverage for benefits for a issuer, particular type of health care provider; In this paragraph, the term ‘‘special condi- (ii) the individual has a condition or dis- tion’’ means a condition or disease that— (2) as requiring an employer to pay any ease of sufficient seriousness and complexity costs as a result of this section or to make (i) is life-threatening, degenerative, or dis- to require treatment by a specialist, and abling, and equal contributions with respect to different (iii) benefits for such treatment are pro- health coverage options; or (ii) requires specialized medical care over a vided under the plan or coverage, prolonged period of time. (3) as preventing a group health plan or the plan or issuer shall make or provide for health insurance issuer from imposing high- (D) TERMS OF REFERRAL.—The provisions of a referral to a specialist who is available and subparagraphs (C) through (E) of paragraph er premiums or cost-sharing on a participant accessible to provide the treatment for such for the exercise of a point-of-service cov- (1) apply with respect to referrals under sub- condition or disease. paragraph (A) of this paragraph in the same erage option. (B) SPECIALIST DEFINED.—For purposes of (d) NO REQUIREMENT FOR GUARANTEED manner as they apply to referrals under this subsection, the term ‘‘specialist’’ means, AVAILABILITY.—If a health insurance issuer paragraph (1)(A). with respect to a condition, a health care offers health insurance coverage that in- (3) STANDING REFERRALS.— practitioner, facility, or center (such as a cludes point-of-service coverage with respect (A) IN GENERAL.—A group health plan, and center of excellence) that has adequate ex- to an employer solely in order to meet the a health insurance issuer in connection with requirement of subsection (a), nothing in pertise through appropriate training and experience (including, in the case of a child, the provision of health insurance coverage, section 2711(a)(1)(A) of the Public Health shall have a procedure by which an indi- Service Act shall be construed as requiring appropriate pediatric expertise) to provide high quality care in treating the condition. vidual who is a participant, beneficiary, or the offering of such coverage with respect to enrollee and who has a condition that re- another employer. (C) CARE UNDER REFERRAL.—A group health plan or health insurance issuer may require quires ongoing care from a specialist may re- SEC. ll103. CHOICE OF PROVIDERS. ceive a standing referral to such specialist (a) PRIMARY CARE.—A group health plan, that the care provided to an individual pur- for treatment of such condition. If the plan and a health insurance issuer that offers suant to such referral under subparagraph or issuer, or if the primary care provider in health insurance coverage, shall permit each (A) be— participant, beneficiary, and enrollee to re- (i) pursuant to a treatment plan, only if consultation with the medical director of the ceive primary care from any participating the treatment plan is developed by the spe- plan or issuer and the specialist (if any), de- primary care provider who is available to ac- cialist and approved by the plan or issuer, in termines that such a standing referral is ap- cept such individual. consultation with the designated primary propriate, the plan or issuer shall make such (b) SPECIALISTS.— care provider or specialist and the individual a referral to such a specialist. (1) IN GENERAL.—Subject to paragraph (2), a (or the individual’s designee), and (B) TERMS OF REFERRAL.—The provisions of group health plan and a health insurance (ii) in accordance with applicable quality subparagraphs (C) through (E) of paragraph issuer that offers health insurance coverage assurance and utilization review standards of (1) apply with respect to referrals under sub- shall permit each participant, beneficiary, or the plan or issuer. paragraph (A) of this paragraph in the same

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7587 manner as they apply to referrals under (B) the provider was treating the terminal (B) The individual is eligible to participate paragraph (1)(A). illness before the date of termination, in an approved clinical trial according to the SEC. ll105. CONTINUITY OF CARE. the transitional period under this subsection trial protocol with respect to treatment of (a) IN GENERAL.— shall extend for the remainder of the individ- such illness. (1) TERMINATION OF PROVIDER.—If a con- ual’s life for care directly related to the (C) The individual’s participation in the tract between a group health plan, or a treatment of the terminal illness. trial offers meaningful potential for signifi- health insurance issuer in connection with (c) PERMISSIBLE TERMS AND CONDITIONS.—A cant clinical benefit for the individual. the provision of health insurance coverage, group health plan or health insurance issuer (2) Either— and a health care provider is terminated (as may condition coverage of continued treat- (A) the referring physician is a partici- defined in paragraph (3)), or benefits or cov- ment by a provider under subsection (a)(1)(B) pating health care professional and has con- upon the provider agreeing to the following erage provided by a health care provider are cluded that the individual’s participation in terms and conditions: terminated because of a change in the terms such trial would be appropriate based upon (1) The provider agrees to accept reim- of provider participation in a group health the individual meeting the conditions de- bursement from the plan or issuer and indi- plan, and an individual who is a participant, scribed in paragraph (1); or vidual involved (with respect to cost-shar- beneficiary, or enrollee in the plan or cov- (B) the participant, beneficiary, or enrollee ing) at the rates applicable prior to the start erage is undergoing a course of treatment provides medical and scientific information of the transitional period as payment in full from the provider at the time of such termi- establishing that the individual’s participa- (or, in the case described in subsection (a)(2), nation, the plan or issuer shall— tion in such trial would be appropriate based at the rates applicable under the replace- (A) notify the individual on a timely basis upon the individual meeting the conditions ment plan or issuer after the date of the ter- of such termination, and described in paragraph (1). mination of the contract with the health in- (B) subject to subsection (c), permit the in- (c) PAYMENT.— surance issuer) and not to impose cost-shar- dividual to continue or be covered with re- (1) IN GENERAL.—Under this section a group ing with respect to the individual in an spect to the course of treatment with the health plan or health insurance issuer shall amount that would exceed the cost-sharing provider during a transitional period (pro- provide for payment for routine patient costs that could have been imposed if the contract vided under subsection (b)). described in subsection (a)(2) but is not re- referred to in subsection (a)(1) had not been (2) TREATMENT OF TERMINATION OF CON- quired to pay for costs of items and services terminated. TRACT WITH HEALTH INSURANCE ISSUER.—If a that are reasonably expected (as determined (2) The provider agrees to adhere to the contract for the provision of health insur- by the Secretary) to be paid for by the spon- quality assurance standards of the plan or ance coverage between a group health plan sors of an approved clinical trial. issuer responsible for payment under para- and a health insurance issuer is terminated (2) PAYMENT RATE.—In the case of covered graph (1) and to provide to such plan or and, as a result of such termination, cov- items and services provided by— issuer necessary medical information related erage of services of a health care provider is (A) a participating provider, the payment to the care provided. terminated with respect to an individual, the rate shall be at the agreed upon rate, or (3) The provider agrees otherwise to adhere provisions of paragraph (1) (and the suc- (B) a nonparticipating provider, the pay- to such plan’s or issuer’s policies and proce- ceeding provisions of this section) shall ment rate shall be at the rate the plan or dures, including procedures regarding refer- apply under the plan in the same manner as issuer would normally pay for comparable rals and obtaining prior authorization and if there had been a contract between the plan services under subparagraph (A). providing services pursuant to a treatment and the provider that had been terminated, plan (if any) approved by the plan or issuer. (d) APPROVED CLINICAL TRIAL DEFINED.— but only with respect to benefits that are (d) CONSTRUCTION.—Nothing in this section (1) IN GENERAL.—In this section, the term covered under the plan after the contract shall be construed to require the coverage of ‘‘approved clinical trial’’ means a clinical re- termination. benefits which would not have been covered search study or clinical investigation ap- (3) TERMINATION.—In this section, the term if the provider involved remained a partici- proved and funded (which may include fund- ‘‘terminated’’ includes, with respect to a pating provider. ing through in-kind contributions) by one or contract, the expiration or nonrenewal of the SEC. ll106. COVERAGE FOR INDIVIDUALS PAR- more of the following: contract, but does not include a termination TICIPATING IN APPROVED CLINICAL (A) The National Institutes of Health. of the contract by the plan or issuer for fail- TRIALS. (B) A cooperative group or center of the ure to meet applicable quality standards or (a) COVERAGE.— National Institutes of Health. for fraud. (1) IN GENERAL.—If a group health plan, or (C) Either of the following if the conditions (b) TRANSITIONAL PERIOD.— health insurance issuer that is providing described in paragraph (2) are met: (1) IN GENERAL.—Except as provided in health insurance coverage, provides coverage (i) The Department of Veterans Affairs. paragraphs (2) through (4), the transitional to a qualified individual (as defined in sub- (ii) The Department of Defense. period under this subsection shall extend for section (b)), the plan or issuer— (2) CONDITIONS FOR DEPARTMENTS.—The at least 90 days from the date of the notice (A) may not deny the individual participa- conditions described in this paragraph, for a described in subsection (a)(1)(A) of the pro- tion in the clinical trial referred to in sub- study or investigation conducted by a De- vider’s termination. section (b)(2); partment, are that the study or investiga- (2) INSTITUTIONAL CARE.—The transitional (B) subject to subsection (c), may not deny tion has been reviewed and approved through period under this subsection for institutional (or limit or impose additional conditions on) a system of peer review that the Secretary or inpatient care from a provider shall ex- the coverage of routine patient costs for determines— tend until the discharge or termination of items and services furnished in connection (A) to be comparable to the system of peer the period of institutionalization and also with participation in the trial; and review of studies and investigations used by shall include institutional care provided (C) may not discriminate against the indi- the National Institutes of Health, and within a reasonable time of the date of ter- vidual on the basis of the enrollee’s partici- (B) assures unbiased review of the highest mination of the provider status if the care pation in such trial. scientific standards by qualified individuals was scheduled before the date of the an- (2) EXCLUSION OF CERTAIN COSTS.—For pur- who have no interest in the outcome of the nouncement of the termination of the proposes of paragraph (1)(B), routine patient review. vider status under subsection (a)(1)(A) or if costs do not include the cost of the tests or (e) CONSTRUCTION.—Nothing in this section the individual on such date was on an estab- measurements conducted primarily for the shall be construed to limit a plan’s or lished waiting list or otherwise scheduled to purpose of the clinical trial involved. issuer’s coverage with respect to clinical have such care. (3) USE OF IN-NETWORK PROVIDERS.—If one trials. (3) PREGNANCY.—If— or more participating providers is partici- (A) a participant, beneficiary, or enrollee pating in a clinical trial, nothing in para- SEC. ll107. ACCESS TO NEEDED PRESCRIPTION DRUGS. has entered the second trimester of preg- graph (1) shall be construed as preventing a nancy at the time of a provider’s termi- plan or issuer from requiring that a qualified (a) IN GENERAL.—If a group health plan, or nation of participation, and individual participate in the trial through health insurance issuer that offers health in- (B) the provider was treating the preg- such a participating provider if the provider surance coverage, provides benefits with re- nancy before date of the termination, will accept the individual as a participant in spect to prescription drugs but the coverage the transitional period under this subsection the trial. limits such benefits to drugs included in a with respect to provider’s treatment of the (b) QUALIFIED INDIVIDUAL DEFINED.—For formulary, the plan or issuer shall— pregnancy shall extend through the provi- purposes of subsection (a), the term ‘‘quali- (1) ensure participation of participating sion of post-partum care directly related to fied individual’’ means an individual who is a physicians and pharmacists in the develop- the delivery. participant or beneficiary in a group health ment of the formulary; (4) TERMINAL ILLNESS.—If— plan, or who is an enrollee under health in- (2) disclose to providers and, disclose upon (A) a participant, beneficiary, or enrollee surance coverage, and who meets the fol- request under section ll121(c)(6) to partici- was determined to be terminally ill (as de- lowing conditions: pants, beneficiaries, and enrollees, the na- termined under section 1861(dd)(3)(A) of the (1)(A) The individual has a life-threatening ture of the formulary restrictions; and Social Security Act) at the time of a pro- or serious illness for which no standard (3) consistent with the standards for a uti- vider’s termination of participation, and treatment is effective. lization review program under section

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7588 CONGRESSIONAL RECORD — SENATE July 7, 1998 ll115, provide for exceptions from the for- CHAPTER 2—QUALITY ASSURANCE SEC. ll112. COLLECTION OF STANDARDIZED DATA. mulary limitation when a non-formulary al- SEC. ll111. INTERNAL QUALITY ASSURANCE ternative is medically indicated. PROGRAM. (a) IN GENERAL.—A group health plan and a (b) COVERAGE OF APPROVED DRUGS AND (a) REQUIREMENT.—A group health plan, health insurance issuer that offers health in- MEDICAL DEVICES.— and a health insurance issuer that offers surance coverage shall collect uniform qual- (1) IN GENERAL.—A group health plan (or health insurance coverage, shall establish ity data that include a minimum uniform health insurance coverage offered in connec- and maintain an ongoing, internal quality data set described in subsection (b). tion with such a plan) that provides any cov- assurance and continuous quality improve- (b) MINIMUM UNIFORM DATA SET.—The Sec- erage of prescription drugs or medical de- ment program that meets the requirements retary shall specify (and may from time to vices shall not deny coverage of such a drug of subsection (b). time update) the data required to be included or device on the basis that the use is inves- (b) PROGRAM REQUIREMENTS.—The require- in the minimum uniform data set under sub- tigational, if the use— ments of this subsection for a quality im- section (a) and the standard format for such (A) in the case of a prescription drug— provement program of a plan or issuer are as data. Such data shall include at least— (i) is included in the labeling authorized by follows: (1) aggregate utilization data; the application in effect for the drug pursu- (1) ADMINISTRATION.—The plan or issuer (2) data on the demographic characteristics ant to subsection (b) or (j) of section 505 of has a separate identifiable unit with respon- of participants, beneficiaries, and enrollees; the Federal Food, Drug, and Cosmetic Act, sibility for administration of the program. (3) data on disease-specific and age-specific without regard to any postmarketing re- (2) WRITTEN PLAN.—The plan or issuer has mortality rates and (to the extent feasible) quirements that may apply under such Act; a written plan for the program that is up- morbidity rates of such individuals; or dated annually and that specifies at least the (4) data on satisfaction of such individuals, (ii) is included in the labeling authorized following: including data on voluntary disenrollment by the application in effect for the drug (A) The activities to be conducted. and grievances; and under section 351 of the Public Health Serv- (B) The organizational structure. (5) data on quality indicators and health ice Act, without regard to any post- (C) The duties of the medical director. outcomes, including, to the extent feasible marketing requirements that may apply pur- (D) Criteria and procedures for the assess- and appropriate, data on pediatric cases and suant to such section; or ment of quality. on a gender-specific basis. (B) in the case of a medical device, is in- (3) SYSTEMATIC REVIEW.—The program pro- (c) AVAILABILITY.—A summary of the data cluded in the labeling authorized by a regu- vides for systematic review of the type of collected under subsection (a) shall be dis- lation under subsection (d) or (3) of section health services provided, consistency of serv- closed under section ll121(b)(9). The Sec- 513 of the Federal Food, Drug, and Cosmetic ices provided with good medical practice, retary shall be provided access to all the Act, an order under subsection (f) of such and patient outcomes. data so collected. section, or an application approved under (4) QUALITY CRITERIA.—The program— (d) VARIATION PERMITTED.—The Secretary section 515 of such Act, without regard to (A) uses criteria that are based on perform- may provide for variations in the application any postmarketing requirements that may ance and patient outcomes where feasible of the requirements of this section to group apply under such Act. and appropriate; health plans and health insurance issuers (2) CONSTRUCTION.—Nothing in this sub- (B) includes criteria that are directed spe- based upon differences in the delivery sys- section shall be construed as requiring a cifically at meeting the needs of at-risk pop- tem among such plans and issuers as the group health plan (or health insurance cov- ulations and covered individuals with chron- Secretary deems appropriate. erage offered in connection with such a plan) ic conditions or severe illnesses, including SEC. ll113. PROCESS FOR SELECTION OF PRO- to provide any coverage of prescription drugs gender-specific criteria and pediatric-specific VIDERS. or medical devices. criteria where available and appropriate; (a) IN GENERAL.—A group health plan and a SEC. ll108. ADEQUACY OF PROVIDER NET- (C) includes methods for informing covered health insurance issuer that offers health in- WORK. individuals of the benefit of preventive care surance coverage shall, if it provides benefits (a) IN GENERAL.—Each group health plan, and what specific benefits with respect to through participating health care profes- and each health insurance issuer offering preventive care are covered under the plan or sionals, have a written process for the selec- health insurance coverage, that provides coverage; and tion of participating health care profes- benefits, in whole or in part, through partici- (D) makes available to the public a de- sionals, including minimum professional re- pating health care providers shall have (in scription of the criteria used under subpara- quirements. relation to the coverage) a sufficient num- graph (A). (b) VERIFICATION OF BACKGROUND.—Such ber, distribution, and variety of qualified (5) SYSTEM FOR REPORTING.—The program process shall include verification of a health participating health care providers to ensure has procedures for reporting of possible qual- care provider’s license and a history of sus- that all covered health care services, includ- ity concerns by providers and enrollees and pension or revocation. ing specialty services, will be available and for remedial actions to correct quality prob- (c) RESTRICTION.—Such process shall not accessible in a timely manner to all partici- use a high-risk patient base or location of a pants, beneficiaries, and enrollees under the lems, including written procedures for re- provider in an area with residents with poor- plan or coverage. sponding to concerns and taking appropriate (b) TREATMENT OF CERTAIN PROVIDERS.— corrective action. er health status as a basis for excluding pro- The qualified health care providers under (6) DATA ANALYSIS.—The program provides, viders from participation. subsection (a) may include Federally quali- using data that include the data collected (d) NONDISCRIMINATION BASED ON LICEN- fied health centers, rural health clinics, mi- under section ll112, for an analysis of the SURE.— grant health centers, and other essential plan’s or issuer’s performance on quality (1) IN GENERAL.—Such process shall not dis- community providers located in the service measures. criminate with respect to participation or area of the plan or issuer and shall include (7) DRUG UTILIZATION REVIEW.—The pro- indemnification as to any provider who is such providers if necessary to meet the gram provides for a drug utilization review acting within the scope of the provider’s li- standards established to carry out such sub- program in accordance with section ll114. cense or certification under applicable State section. (c) DEEMING.—For purposes of subsection law, solely on the basis of such license or SEC. ll109. NONDISCRIMINATION IN DELIVERY (a), the requirements of— certification. OF SERVICES. (1) subsection (b) (other than paragraph (5)) (2) CONSTRUCTION.—Paragraph (1) shall not (a) APPLICATION TO DELIVERY OF SERV- are deemed to be met with respect to a be construed— ICES.—Subject to subsection (b), a group health insurance issuer that is a qualified (A) as requiring the coverage under a plan health plan, and health insurance issuer in health maintenance organization (as defined or coverage of particular benefits or services relation to health insurance coverage, may in section 1310(c) of the Public Health Serv- or to prohibit a plan or issuer from including not discriminate against a participant, bene- ice Act); or providers only to the extent necessary to ficiary, or enrollee in the delivery of health (2) subsection (b) are deemed to be met meet the needs of the plan’s or issuer’s par- care services consistent with the benefits with respect to a health insurance issuer ticipants, beneficiaries, or enrollees or from covered under the plan or coverage or as re- that is accredited by a national accredita- establishing any measure designed to main- quired by law based on race, color, ethnicity, tion organization that the Secretary certain quality and control costs consistent national origin, religion, sex, age, mental or tifies as applying, as a condition of certifi- with the responsibilities of the plan or physical disability, sexual orientation, ge- cation, standards at least as stringent as issuer; or netic information, or source of payment. those required for a quality improvement (B) to override any State licensure or (b) CONSTRUCTION.—Nothing in subsection program under subsection (b). scope-of-practice law. (a) shall be construed as relating to the eligi- (d) VARIATION PERMITTED.—The Secretary (e) GENERAL NONDISCRIMINATION.— bility to be covered, or the offering (or guar- may provide for variations in the application (1) IN GENERAL.—Subject to paragraph (2), anteeing the offer) of coverage, under a plan of the requirements of this section to group such process shall not discriminate with re- or health insurance coverage, the application health plans and health insurance issuers spect to selection of a health care profes- of any pre-existing condition exclusion con- based upon differences in the delivery sys- sional to be a participating health care pro- sistent with applicable law, or premiums tem among such plans and issuers as the vider, or with respect to the terms and con- charged under such plan or coverage. Secretary deems appropriate. ditions of such participation, based on the

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7589 professional’s race, color, religion, sex, na- ‘‘health care professional’’ means a physi- ual’s designee and the individual’s health tional origin, age, sexual orientation, or dis- cian or other health care practitioner li- care provider by telephone and in printed ability (consistent with the Americans with censed, accredited, or certified to perform form, as soon as possible in accordance with Disabilities Act of 1990). specified health services consistent with the medical exigencies of the cases, and in no (2) RULES.—The appropriate Secretary may State law. event later than 1 business day after the date establish such definitions, rules, and excep- (2) USE OF QUALIFIED, INDEPENDENT PER- of receipt of information that is reasonably tions as may be appropriate to carry out SONNEL.— necessary to make such determination. Such paragraph (1), taking into account com- (A) IN GENERAL.—A utilization review pro- notice shall include, with respect to contin- parable definitions, rules, and exceptions in gram shall provide for the conduct of utiliza- ued or extended health care services, the effect under employment-based non- tion review activities only through personnel number of extended services approved, the discrimination laws and regulations that re- who are qualified and, to the extent required, new total of approved services, the date of late to each of the particular bases for dis- who have received appropriate training in onset of services, and the next review date, if crimination described in such paragraph. the conduct of such activities under the pro- any. SEC. ll114. DRUG UTILIZATION PROGRAM. gram. (3) PREVIOUSLY PROVIDED SERVICES.—In the A group health plan, and a health insur- (B) PEER REVIEW OF SAMPLE OF ADVERSE case of a utilization review activity involv- ance issuer that provides health insurance CLINICAL DETERMINATIONS.—Such a program ing retrospective review of health care serv- coverage, that includes benefits for prescrip- shall provide that clinical peers (as defined ices previously provided for an individual, tion drugs shall establish and maintain, as in section ll191(c)(2)) shall evaluate the the utilization review program shall make a part of its internal quality assurance and clinical appropriateness of at least a sample determination concerning such services, and of adverse clinical determinations. continuous quality improvement program provide notice of the determination to the (C) PROHIBITION OF CONTINGENT COMPENSA- under section ll111, a drug utilization pro- individual or the individual’s designee and TION ARRANGEMENTS.—Such a program shall gram which— the individual’s health care provider by tele- not, with respect to utilization review activi- (1) encourages appropriate use of prescrip- phone and in printed form, within 30 days of ties, permit or provide compensation or any- tion drugs by participants, beneficiaries, and the date of receipt of information that is rea- thing of value to its employees, agents, or enrollees and providers, and sonably necessary to make such determina- contractors in a manner that— (2) takes appropriate action to reduce the tion. (i) provides incentives, direct or indirect, incidence of improper drug use and adverse (4) REFERENCE TO SPECIAL RULES FOR EMER- for such persons to make inappropriate re- drug reactions and interactions. GENCY SERVICES, MAINTENANCE CARE, AND view decisions, or POST-STABILIZATION CARE.—For waiver of SEC. ll115. STANDARDS FOR UTILIZATION RE- (ii) is based, directly or indirectly, on the VIEW ACTIVITIES. prior authorization requirements in certain quantity or type of adverse determinations cases involving emergency services and (a) COMPLIANCE WITH REQUIREMENTS.— rendered. (1) IN GENERAL.—A group health plan, and maintenance care and post-stabilization (D) PROHIBITION OF CONFLICTS.—Such a pro- care, see subsections (a)(1) and (b) of section a health insurance issuer that provides gram shall not permit a health care profes- ll101, respectively. health insurance coverage, shall conduct uti- sional who provides health care services to lization review activities in connection with (e) NOTICE OF ADVERSE DETERMINATIONS.— an individual to perform utilization review (1) IN GENERAL.—Notice of an adverse de- the provision of benefits under such plan or activities in connection with the health care coverage only in accordance with a utiliza- termination under a utilization review pro- services being provided to the individual. gram shall be provided in printed form and tion review program that meets the require- (3) ACCESSIBILITY OF REVIEW.—Such a pro- ments of this section. shall include— gram shall provide that appropriate per- (A) the reasons for the determination (in- (2) USE OF OUTSIDE AGENTS.—Nothing in sonnel performing utilization review activi- this section shall be construed as preventing cluding the clinical rationale); ties under the program are reasonably acces- (B) instructions on how to initiate an ap- a group health plan or health insurance sible by toll-free telephone during normal peal under section ll132; and issuer from arranging through a contract or business hours to discuss patient care and (C) notice of the availability, upon request otherwise for persons or entities to conduct allow response to telephone requests, and of the individual (or the individual’s des- utilization review activities on behalf of the that appropriate provision is made to receive ignee) of the clinical review criteria relied plan or issuer, so long as such activities are and respond promptly to calls received dur- upon to make such determination. conducted in accordance with a utilization ing other hours. (2) SPECIFICATION OF ANY ADDITIONAL INFOR- review program that meets the requirements (4) LIMITS ON FREQUENCY.—Such a program MATION.—Such a notice shall also specify of this section. shall not provide for the performance of uti- what (if any) additional necessary informa- (3) UTILIZATION REVIEW DEFINED.—For pur- lization review activities with respect to a tion must be provided to, or obtained by, the poses of this section, the terms ‘‘utilization class of services furnished to an individual person making the determination in order to review’’ and ‘‘utilization review activities’’ more frequently than is reasonably required make a decision on such an appeal. mean procedures used to monitor or evaluate to assess whether the services under review the clinical necessity, appropriateness, effi- are medically necessary or appropriate. SEC. ll116. HEALTH CARE QUALITY ADVISORY BOARD. cacy, or efficiency of health care services, (5) LIMITATION ON INFORMATION REQUESTS.— (a) ESTABLISHMENT.—The President shall procedures or settings, and includes prospec- Under such a program, information shall be establish an advisory board to provide infor- tive review, concurrent review, second opin- required to be provided by health care pro- mation to Congress and the administration ions, case management, discharge planning, viders only to the extent it is necessary to on issues relating to quality monitoring and or retrospective review. perform the utilization review activity in- improvement in the health care provided RITTEN POLICIES AND CRITERIA.— (b) W volved. under group health plans and health insur- (1) WRITTEN POLICIES.—A utilization review (d) DEADLINE FOR DETERMINATIONS.— ance coverage. program shall be conducted consistent with (1) PRIOR AUTHORIZATION SERVICES.—Except (b) NUMBER AND APPOINTMENT.—The advi- written policies and procedures that govern as provided in paragraph (2), in the case of a sory board shall be composed of the Sec- all aspects of the program. utilization review activity involving the retary of Health and Human Services (or the (2) USE OF WRITTEN CRITERIA.— prior authorization of health care items and Secretary’s designee), the Secretary of Labor (A) IN GENERAL.—Such a program shall uti- services for an individual, the utilization re- (or the Secretary’s designee), and 20 addi- lize written clinical review criteria devel- view program shall make a determination tional members appointed by the President, oped pursuant to the program with the input concerning such authorization, and provide in consultation with the Majority and Mi- of appropriate physicians. Such criteria shall notice of the determination to the individual nority Leaders of the Senate and House of include written clinical review criteria de- or the individual’s designee and the individ- Representatives. The members so appointed scribed in section ll111(b)(4)(B). ual’s health care provider by telephone and shall include individuals with expertise in— (B) CONTINUING USE OF STANDARDS IN RET- in printed form, as soon as possible in ac- (1) consumer needs; ROSPECTIVE REVIEW.—If a health care service cordance with the medical exigencies of the (2) education and training of health profes- has been specifically pre-authorized or ap- cases, and in no event later than 3 business sionals; proved for an enrollee under such a program, days after the date of receipt of information (3) health care services; the program shall not, pursuant to retro- that is reasonably necessary to make such (4) health plan management; spective review, revise or modify the specific determination. (5) health care accreditation, quality as- standards, criteria, or procedures used for (2) CONTINUED CARE.—In the case of a utili- surance, improvement, measurement, and the utilization review for procedures, treat- zation review activity involving authoriza- oversight; ment, and services delivered to the enrollee tion for continued or extended health care (6) medical practice, including practicing during the same course of treatment. services for an individual, or additional serv- physicians; (c) CONDUCT OF PROGRAM ACTIVITIES.— ices for an individual undergoing a course of (7) prevention and public health; and (1) ADMINISTRATION BY HEALTH CARE PRO- continued treatment prescribed by a health (8) public and private group purchasing for FESSIONALS.—A utilization review program care provider, the utilization review program small and large employers or groups. shall be administered by qualified health shall make a determination concerning such (c) DUTIES.—The advisory board shall— care professionals who shall oversee review authorization, and provide notice of the de- (1) identify, update, and disseminate meas- decisions. In this subsection, the term termination to the individual or the individ- ures of health care quality for group health

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7590 CONGRESSIONAL RECORD — SENATE July 7, 1998 plans and health insurance issuers, including prospective enrollees, and to the public the insurance coverage only (and not with re- network and non-network plans; information described in subsection (b) or (c) spect to group health plans that do not pro- (2) advise the Secretary on the develop- in printed form. vide coverage through health insurance cov- ment and maintenance of the minimum data (b) INFORMATION PROVIDED.—The informa- erage), a description of the overall loss-ratio set in section ll112(b); and tion described in this subsection with respect for the coverage (as defined in accordance (3) advise the Secretary on standardized to a group health plan or health insurance with rules established or recognized by the formats for information on group health coverage offered by a health insurance issuer Secretary of Health and Human Services). plans and health insurance coverage. includes the following: (7) PRIOR AUTHORIZATION RULES.—Rules re- The measures identified under paragraph (1) (1) SERVICE AREA.—The service area of the garding prior authorization or other review may be used on a voluntary basis by such plan or issuer. requirements that could result in noncov- plans and issuers. In carrying out paragraph (2) BENEFITS.—Benefits offered under the erage or nonpayment. plan or coverage, including— (1), the advisory board shall consult and co- (8) GRIEVANCE AND APPEALS PROCEDURES.— (A) covered benefits, including benefit lim- operate with national health care standard All appeal or grievance rights and procedures its and coverage exclusions; setting bodies which define quality indica- under the plan or coverage, including the (B) cost sharing, such as deductibles, coin- tors, the Agency for Health Care Policy and method for filing grievances and the time surance, and copayment amounts, including Research, the Institute of Medicine, and frames and circumstances for acting on any liability for balance billing, any max- other public and private entities that have grievances and appeals, who is the applicable expertise in health care quality. imum limitations on out of pocket expenses, and the maximum out of pocket costs for authority with respect to the plan or issuer, (d) REPORT.—The advisory board shall pro- and the availability of assistance through an vide an annual report to Congress and the services that are provided by non partici- ombudsman to individuals in relation to President on the quality of the health care pating providers or that are furnished with- group health plans and health insurance cov- in the United States and national and re- out meeting the applicable utilization review erage. gional trends in health care quality. Such re- requirements; (9) QUALITY ASSURANCE.—A summary de- port shall include a description of deter- (C) the extent to which benefits may be ob- minants of health care quality and measure- tained from nonparticipating providers; scription of the data on quality collected ments of practice and quality variability (D) the extent to which a participant, ben- under section ll112(a), including a sum- within the United States. eficiary, or enrollee may select from among mary description of the data on satisfaction (e) SECRETARIAL CONSULTATION.—In serving participating providers and the types of proof participants, beneficiaries, and enrollees on the advisory board, the Secretaries of viders participating in the plan or issuer net- (including data on individual voluntary Health and Human Services and Labor (or work; disenrollment and grievances and appeals) their designees) shall consult with the Secre- (E) process for determining experimental described in section ll112(b)(4). taries responsible for other Federal health coverage; and (10) SUMMARY OF PROVIDER FINANCIAL IN- insurance and health care programs. (F) use of a prescription drug formulary. CENTIVES.—A summary description of the in- (f) VACANCIES.—Any vacancy on the board (3) ACCESS.—A description of the following: formation on the types of financial payment shall be filled in such manner as the original (A) The number, mix, and distribution of incentives (described in section 1852(j)(4) of appointment. Members of the board shall providers under the plan or coverage. the Social Security Act) provided by the serve without compensation but shall be re- (B) Out-of-network coverage (if any) pro- plan or issuer under the coverage. imbursed for travel, subsistence, and other vided by the plan or coverage. (11) INFORMATION ON ISSUER.—Notice of ap- necessary expenses incurred by them in the (C) Any point-of-service option (including propriate mailing addresses and telephone performance of their duties. Administrative any supplemental premium or cost-sharing numbers to be used by participants, bene- support, scientific support, and technical as- for such option). ficiaries, and enrollees in seeking informa- sistance for the advisory board shall be pro- (D) The procedures for participants, bene- tion or authorization for treatment. vided by the Secretary of Health and Human ficiaries, and enrollees to select, access, and (12) AVAILABILITY OF INFORMATION ON RE- Services. change participating primary and specialty QUEST.—Notice that the information de- (g) CONTINUATION.—Section 14(a)(2)(B) of providers. scribed in subsection (c) is available upon re- the Federal Advisory Committee Act (5 (E) The rights and procedures for obtaining quest. U.S.C. App.; relating to the termination of referrals (including standing referrals) to (c) INFORMATION MADE AVAILABLE UPON advisory committees) shall not apply to the participating and nonparticipating pro- REQUEST.—The information described in this advisory board. viders. CHAPTER 3—Patient Information (F) The name, address, and telephone num- subsection is the following: (1) UTILIZATION REVIEW ACTIVITIES.—A de- SEC. ll121. PATIENT INFORMATION. ber of participating health care providers scription of procedures used and require- (a) DISCLOSURE REQUIREMENT.— and an indication of whether each such pro- ments (including circumstances, time (1) GROUP HEALTH PLANS.—A group health vider is available to accept new patients. plan shall— (G) Any limitations imposed on the selec- frames, and appeal rights) under any utiliza- (A) provide to participants and bene- tion of qualifying participating health care tion review program under section ll115, ficiaries at the time of initial coverage under providers, including any limitations imposed including under any drug formulary program the plan (or the effective date of this section, under section ll103(b)(2). under section ll107. in the case of individuals who are partici- (H) How the plan or issuer addresses the (2) GRIEVANCE AND APPEALS INFORMATION.— pants or beneficiaries as of such date), and at needs of participants, beneficiaries, and en- Information on the number of grievances and least annually thereafter, the information rollees and others who do not speak English appeals and on the disposition in the aggre- described in subsection (b) in printed form; or who have other special communications gate of such matters. (B) provide to participants and bene- needs in accessing providers under the plan (3) METHOD OF PHYSICIAN COMPENSATION.— ficiaries, within a reasonable period (as spec- or coverage, including the provision of infor- An overall summary description as to the ified by the appropriate Secretary) before or mation described in this subsection and sub- method of compensation of participating after the date of significant changes in the section (c) to such individuals and including physicians, including information on the information described in subsection (b), in- the provision of information in a language types of financial payment incentives (de- formation in printed form on such signifi- other than English if 5 percent of the number scribed in section 1852(j)(4) of the Social Se- cant changes; and of participants, beneficiaries, and enrollees curity Act) provided by the plan or issuer (C) upon request, make available to par- communicate in that language instead of under the coverage. ticipants and beneficiaries, the applicable English. (4) SPECIFIC INFORMATION ON CREDENTIALS OF PARTICIPATING PROVIDERS.—In the case of authority, and prospective participants and (4) OUT-OF-AREA COVERAGE.—Out-of-area beneficiaries, the information described in coverage provided by the plan or issuer. each participating provider, a description of the credentials of the provider. subsection (b) or (c) in printed form. (5) EMERGENCY COVERAGE.—Coverage of (5) CONFIDENTIALITY POLICIES AND PROCE- (2) HEALTH INSURANCE ISSUERS.—A health emergency services, including— insurance issuer in connection with the pro- (A) the appropriate use of emergency serv- DURES.—A description of the policies and vision of health insurance coverage shall— ices, including use of the 911 telephone sys- procedures established to carry out section (A) provide to individuals enrolled under tem or its local equivalent in emergency sit- ll122. such coverage at the time of enrollment, and uations and an explanation of what con- (6) FORMULARY RESTRICTIONS.—A descrip- at least annually thereafter, the information stitutes an emergency situation; tion of the nature of any drug formula re- described in subsection (b) in printed form; (B) the process and procedures of the plan strictions. (B) provide to enrollees, within a reason- or issuer for obtaining emergency services; (7) PARTICIPATING PROVIDER LIST.—A list of able period (as specified by the appropriate and current participating health care providers. Secretary) before or after the date of signifi- (C) the locations of (i) emergency depart- (d) FORM OF DISCLOSURE.— cant changes in the information described in ments, and (ii) other settings, in which plan (1) UNIFORMITY.—Information required to subsection (b), information in printed form physicians and hospitals provide emergency be disclosed under this section shall be pro- on such significant changes; and services and post-stabilization care. vided in accordance with uniform, national (C) upon request, make available to the ap- (6) PERCENTAGE OF PREMIUMS USED FOR BEN- reporting standards specified by the Sec- plicable authority, to individuals who are EFITS (LOSS-RATIOS).—In the case of health retary, after consultation with applicable

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State authorities, so that prospective enroll- (1) IN GENERAL.—A group health plan, and (J) An adverse determination under a utili- ees may compare the attributes of different a health insurance issuer in connection with zation review program under section ll115. issuers and coverage offered within an area. the provision of health insurance coverage, (K) The imposition of a limitation that is (2) INFORMATION INTO HANDBOOK.—Nothing shall establish and maintain a system to pro- prohibited under section ll151. in this section shall be construed as pre- vide for the presentation and resolution of (b) INTERNAL APPEAL PROCESS.— venting a group health plan or health insur- oral and written grievances brought by indi- (1) IN GENERAL.—Each group health plan ance issuer from making the information viduals who are participants, beneficiaries, under subsections (b) and (c) available to or enrollees, or health care providers or and health insurance issuer shall establish participants, beneficiaries, and enrollees other individuals acting on behalf of an indi- and maintain an internal appeal process through an enrollee handbook or similar vidual and with the individual’s consent, re- under which any participant, beneficiary, en- publication. garding any aspect of the plan’s or issuer’s rollee, or provider acting on behalf of such (3) UPDATING PARTICIPATING PROVIDER IN- services. an individual with the individual’s consent, FORMATION.—The information on partici- (2) SCOPE.—The system shall include griev- who is dissatisfied with any appealable deci- pating health care providers described in ances regarding access to and availability of sion has the opportunity to appeal the deci- subsection (b)(3)(C) shall be updated within services, quality of care, choice and accessi- sion through an internal appeal process. The such reasonable period as determined appro- bility of providers, network adequacy, and appeal may be communicated orally. priate by the Secretary. Nothing in this sec- compliance with the requirements of this (2) CONDUCT OF REVIEW.— tion shall prevent an issuer from changing or subtitle. (A) IN GENERAL.—The process shall include updating other information made available (b) GRIEVANCE SYSTEM.—Such system shall a review of the decision by a physician or include the following components with re- under this section. other health care professional (or profes- (e) CONSTRUCTION.—Nothing in this section spect to individuals who are participants, beneficiaries, or enrollees: sionals) who has been selected by the plan or shall be construed as requiring public disclo- issuer and who has not been involved in the sure of individual contracts or financial ar- (1) Written notification to all such individ- appealable decision at issue in the appeal. rangements between a group health plan or uals and providers of the telephone numbers (B) AVAILABILITY AND PARTICIPATION OF health insurance issuer and any provider. and business addresses of the plan or issuer CLINICAL PEERS.—The individuals conducting SEC. ll122. PROTECTION OF PATIENT CON- personnel responsible for resolution of griev- FIDENTIALITY. ances and appeals. such review shall include one or more clin- Insofar as a group health plan, or a health (2) A system to record and document, over ical peers (as defined in section ll191(c)(2)) insurance issuer that offers health insurance a period of at least 3 previous years, all who have not been involved in the appealable coverage, maintains medical records or other grievances and appeals made and their sta- decision at issue in the appeal. health information regarding participants, tus. (3) DEADLINE.— beneficiaries, and enrollees, the plan or (3) A process providing for timely proc- (A) IN GENERAL.—Subject to subsection (c), issuer shall establish procedures— essing and resolution of grievances. the plan or issuer shall conclude each appeal (1) to safeguard the privacy of any individ- (4) Procedures for follow-up action, includ- as soon as possible after the time of the re- ually identifiable enrollee information; ing the methods to inform the person mak- ceipt of the appeal in accordance with med- (2) to maintain such records and informa- ing the grievance of the resolution of the ical exigencies of the case involved, but in no tion in a manner that is accurate and time- grievance. event later than— ly, and (5) Notification to the continuous quality (i) 72 hours after the time of receipt of an improvement program under section (3) to assure timely access of such individ- expedited appeal, and ll111(a) of all grievances and appeals relat- uals to such records and information. (ii) except as provided in subparagraph (B), ing to quality of care. SEC. ll123. HEALTH INSURANCE OMBUDSMEN. 30 business days after such time (or, if the (a) IN GENERAL.—Each State that obtains a SEC. ll132. INTERNAL APPEALS OF ADVERSE participant, beneficiary, or enrollee supplies grant under subsection (c) shall provide for DETERMINATIONS. additional information that was not avail- creation and operation of a Health Insurance (a) RIGHT OF APPEAL.— Ombudsman through a contract with a not- (1) IN GENERAL.—A participant or bene- able to the plan or issuer at the time of the for-profit organization that operates inde- ficiary in a group health plan, and an en- receipt of the appeal, after the date of sup- pendent of group health plans and health in- rollee in health insurance coverage offered plying such additional information) in the surance issuers. Such Ombudsman shall be by a health insurance issuer, and any pro- case of all other appeals. responsible for at least the following: vider or other person acting on behalf of (B) EXTENSION.—In the case of an appeal (1) To assist consumers in the State in such an individual with the individual’s con- that does not relate to a decision regarding choosing among health insurance coverage sent, may appeal any appealable decision (as an expedited appeal and that does not in- or among coverage options offered within defined in paragraph (2)) under the proce- volve medical exigencies, if a group health group health plans. dures described in this section and (to the plan or health insurance issuer is unable to extent applicable) section 133. Such indi- (2) To provide counseling and assistance to ll conclude the appeal within the time period viduals and providers shall be provided with enrollees dissatisfied with their treatment provided under subparagraph (A)(ii) due to a written explanation of the appeal process by health insurance issuers and group health circumstances beyond the control of the plan plans in regard to such coverage or plans and and the determination upon the conclusion of the appeals process and as provided in sec- or issuer, the deadline shall be extended for with respect to grievances and appeals re- up to an additional 10 business days if the garding determinations under such coverage tion ll121(b)(8). (2) APPEALABLE DECISION DEFINED.—In this plan or issuer provides, on or before 10 days or plans. before the deadline otherwise applicable, (b) FEDERAL ROLE.—In the case of any section, the term ‘‘appealable decision’’ written notice to the participant, bene- State that does not provide for such an Om- means any of the following: budsman under subsection (a), the Secretary (A) Denial, reduction, or termination of, or ficiary, or enrollee and the provider involved shall provide for the creation and operation failure to provide or make payment (in of the extension and the reasons for the ex- of a Health Insurance Ombudsman through a whole or in part) for, a benefit, including a tension. contract with a not-for-profit organization failure to cover an item or service for which (4) NOTICE.—If a plan or issuer denies an that operates independent of group health benefits are otherwise provided because it is appeal, the plan or issuer shall provide the plans and health insurance issuers and that determined to be experimental or investiga- participant, beneficiary, or enrollee and pro- is responsible for carrying out with respect tional or not medically necessary or appro- vider involved with notice in printed form of to that State the functions otherwise propriate. the denial and the reasons therefore, to- vided under subsection (a) by a Health Insur- (B) Failure to provide coverage of emer- gether with a notice in printed form of rights ance Ombudsman. gency services or reimbursement of mainte- to any further appeal. (c) AUTHORIZATION OF APPROPRIATIONS.— nance care or post-stabilization care under (c) EXPEDITED REVIEW PROCESS.— There are authorized to be appropriated to section ll101. (1) IN GENERAL.—A group health plan, and the Secretary of Health and Human Services (C) Failure to provide a choice of provider a health insurance issuer, shall establish such amounts as may be necessary to pro- under section ll103. procedures in writing for the expedited con- vide for grants to States for contracts for (D) Failure to provide qualified health care sideration of appeals under subsection (b) in Health Insurance Ombudsmen under sub- providers under section ll103. section (a) or contracts for such Ombudsmen (E) Failure to provide access to specialty situations in which the application of the under subsection (b). and other care under section ll104. normal timeframe for making a determina- (d) CONSTRUCTION.—Nothing in this section (F) Failure to provide continuation of care tion could seriously jeopardize the life or shall be construed to prevent the use of under section ll105. health of the participant, beneficiary, or en- other forms of enrollee assistance. (G) Failure to provide coverage of routine rollee or such an individual’s ability to re- CHAPTER 4—GRIEVANCE AND APPEALS patient costs in connection with an approval gain maximum function. PROCEDURES clinical trial under section ll106. (2) PROCESS.—Under such procedures— SEC. ll131. ESTABLISHMENT OF GRIEVANCE (H) Failure to provide access to needed (A) the request for expedited appeal may be PROCESS. drugs under section ll107(a)(3) or ll107(b). submitted orally or in writing by an indi- (a) ESTABLISHMENT OF GRIEVANCE SYS- (I) Discrimination in delivery of services in vidual or provider who is otherwise entitled TEM.— violation of section ll109. to request the appeal;

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(B) all necessary information, including (iii) LIMITATION ON PLAN OR ISSUER SELEC- (c) QUALIFICATIONS OF EXTERNAL APPEAL the plan’s or issuer’s decision, shall be trans- TION.—If an applicable authority permits ENTITIES.— mitted between the plan or issuer and the re- more than one entity to qualify as a quali- (1) IN GENERAL.—For purposes of this sec- quester by telephone, facsimile, or other fied external appeal entity with respect to a tion, the term ‘‘qualified external appeal en- similarly expeditious available method; and group health plan or health insurance issuer tity’’ means, in relation to a plan or issuer, (C) the plan or issuer shall expedite the ap- and the plan or issuer may select among an entity (which may be a governmental en- peal if the request for an expedited appeal is such qualified entities, the applicable au- tity) that is certified under paragraph (2) as submitted under subparagraph (A) by a phy- thority— meeting the following requirements: sician and the request indicates that the sit- (I) shall assure that the selection process (A) There is no real or apparent conflict of uation described in paragraph (1) exists. will not create any incentives for external interest that would impede the entity con- (d) DIRECT USE OF FURTHER APPEALS.—In appeal entities to make a decision in a bi- ducting external appeal activities inde- the event that the plan or issuer fails to ased manner, and pendent of the plan or issuer. comply with any of the deadlines for comple- (II) shall implement a procedures for audit- (B) The entity conducts external appeal action of appeals under this section or in the ing a sample of decisions by such entities to tivities through clinical peers. event that the plan or issuer for any reason assure that no such decisions are made in a (C) The entity has sufficient medical, expressly waives its rights to an internal re- biased manner. legal, and other expertise and sufficient view of an appeal under subsection (b), the staffing to conduct external appeal activities participant, beneficiary, or enrollee involved (C) OTHER TERMS AND CONDITIONS.—The terms and conditions of a contract under for the plan or issuer on a timely basis con- and the provider involved shall be relieved of sistent with subsection (b)(3)(E). this paragraph shall be consistent with the any obligation to complete the appeal in- (D) The entity meets such other require- standards the appropriate Secretary shall es- volved and may, at such an individual’s or ments as the appropriate Secretary may im- tablish to assure there is no real or apparent provider’s option, proceed directly to seek pose. conflict of interest in the conduct of external further appeal through any applicable exter- (2) CERTIFICATION OF EXTERNAL APPEAL EN- appeal activities. Such contract shall pro- nal appeals process. TITIES.— vide that the direct costs of the process (not SEC. ll133. EXTERNAL APPEALS OF ADVERSE (A) IN GENERAL.—In order to be treated as DETERMINATIONS. including costs of representation of a partic- a qualified external appeal entity with re- (a) RIGHT TO EXTERNAL APPEAL.— ipant, beneficiary, or enrollee) shall be paid spect to— (1) IN GENERAL.—A group health plan, and by the plan or issuer, and not by the partici- (i) a group health plan, the entity must be a health insurance issuer offering group pant, beneficiary, or enrollee. certified (and, in accordance with subpara- health insurance coverage, shall provide for (2) ELEMENTS OF PROCESS.—An external ap- graph (B), periodically recertified) as meet- an external appeals process that meets the peal process shall be conducted consistent ing the requirements of paragraph (1) by the requirements of this section in the case of an with standards established by the appro- Secretary of Labor (or under a process recog- externally appealable decision described in priate Secretary that include at least the nized or approved by the Secretary of Labor); paragraph (2). The appropriate Secretary following: or shall establish standards to carry out such (A) FAIR PROCESS; DE NOVO DETERMINA- (ii) a health insurance issuer operating in a requirements. TION.—The process shall provide for a fair, de State, the entity must be certified (and, in (2) EXTERNALLY APPEALABLE DECISION DE- novo determination. accordance with subparagraph (B), periodi- FINED.—For purposes of this section, the (B) DETERMINATION CONCERNING EXTER- cally recertified) as meeting such require- term ‘‘externally appealable decision’’ means NALLY APPEALABLE DECISIONS.—A qualified ments by the applicable State authority (or, an appealable decision (as defined in section external appeal entity shall determine if the States has not established an adequate ll132(a)(2)) if— whether a decision is an externally appeal- certification and recertification process, by (A) the amount involved exceeds a signifi- able decision and related decisions, includ- the Secretary of Health and Human Services, cant threshold; or ing— or under a process recognized or approved by (B) the patient’s life or health is jeopard- (i) whether such a decision involves an ex- such Secretary). ized as a consequence of the decision. pedited appeal; (B) RECERTIFICATION PROCESS.—The appro- Such term does not include a denial of cov- (ii) the appropriate deadlines for internal priate Secretary shall develop standards for erage for services that are specifically listed review process required due to medical ex- the recertification of external appeal enti- in plan or coverage documents as excluded igencies in a case; and ties. Such standards shall include a speci- from coverage. (iii) whether such a process has been com- fication of— (3) EXHAUSTION OF INTERNAL APPEALS PROC- pleted. (i) the information required to be sub- ESS.—A plan or issuer may condition the use (C) OPPORTUNITY TO SUBMIT EVIDENCE, HAVE mitted as a condition of recertification on of an external appeal process in the case of REPRESENTATION, AND MAKE ORAL PRESEN- the entity’s performance of external appeal an externally appealable decision upon com- TATION.—Each party to an externally appeal- activities, which information shall include pletion of the internal review process pro- able decision— the number of cases reviewed, a summary of vided under section ll132, but only if the (i) may submit and review evidence related the disposition of those cases, the length of decision is made in a timely basis consistent to the issues in dispute, time in making determinations on those with the deadlines provided under this chap- (ii) may use the assistance or representa- cases, and such information as may be nec- ter. tion of one or more individuals (any of whom essary to assure the independence of the en- (b) GENERAL ELEMENTS OF EXTERNAL AP- may be an attorney), and tity from the plans or issuers for which ex- PEALS PROCESS.— (iii) may make an oral presentation. ternal appeal activities are being conducted; (1) CONTRACT WITH QUALIFIED EXTERNAL AP- (D) PROVISION OF INFORMATION.—The plan and PEAL ENTITY.— or issuer involved shall provide timely ac- (ii) the periodicity which recertification (A) CONTRACT REQUIREMENT.—Subject to cess to all its records relating to the matter will be required. subparagraph (B), the external appeal proc- of the externally appealable decision and to (d) CONTINUING LEGAL RIGHTS OF ENROLL- ess under this section of a plan or issuer all provisions of the plan or health insurance EES.—Nothing in this subtitle shall be con- shall be conducted under a contract between coverage (including any coverage manual) strued as removing any legal rights of par- the plan or issuer and one or more qualified relating to the matter. ticipants, beneficiaries, enrollees, and others external appeal entities (as defined in sub- (E) TIMELY DECISIONS.—A determination by under State or Federal law, including the section (c)). the external appeal entity on the decision right to file judicial actions to enforce (B) RESTRICTIONS ON QUALIFIED EXTERNAL shall— rights. APPEAL ENTITY.— (i) be made orally or in writing and, if it is CHAPTER 5—PROTECTING THE DOCTOR- (i) BY STATE FOR HEALTH INSURANCE made orally, shall be supplied to the parties PATIENT RELATIONSHIP ISSUERS.—With respect to health insurance in writing as soon as possible; SEC. ll141. PROHIBITION OF INTERFERENCE issuers in a State, the State may provide for (ii) be binding on the plan or issuer; WITH CERTAIN MEDICAL COMMU- external review activities to be conducted by (iii) be made in accordance with the med- NICATIONS. a qualified external appeal entity that is des- ical exigencies of the case involved, but in no (a) PROHIBITION.— ignated by the State or that is selected by event later than 60 days (or 72 hours in the (1) GENERAL RULE.—The provisions of any the State in such a manner as to assure an case of an expedited appeal) from the date of contract or agreement, or the operation of unbiased determination. completion of the filing of notice of external any contract or agreement, between a group (ii) BY FEDERAL GOVERNMENT FOR GROUP appeal of the decision; health plan or health insurance issuer in re- HEALTH PLANS.—With respect to group health (iv) state, in layperson’s language, the lation to health insurance coverage (includ- plans, the appropriate Secretary may exer- basis for the determination, including, if rel- ing any partnership, association, or other or- cise the same authority as a State may exer- evant, any basis in the terms or conditions ganization that enters into or administers cise with respect to health insurance issuers of the plan or coverage; and such a contract or agreement) and a health under clause (i). Such authority may include (v) inform the participant, beneficiary, or care provider (or group of health care pro- requiring the use of the qualified external enrollee of the individual’s rights to seek viders) shall not prohibit or restrict the pro- appeal entity designated or selected under further review by the courts (or other proc- vider from engaging in medical communica- such clause. ess) of the external appeal determination. tions with the provider’s patient.

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(2) NULLIFICATION.—Any contract provision authority, a group health plan or health in- (A) the disclosure is made on the basis of or agreement described in paragraph (1) shall surance issuer, respectively, and a partici- personal knowledge and is consistent with be null and void. pant, beneficiary, or enrollee with the plan that degree of learning and skill ordinarily (b) RULES OF CONSTRUCTION.—Nothing in or organization, respectively. possessed by health care professionals with this section shall be construed— SEC. ll143. ADDITIONAL RULES REGARDING the same licensure or certification and the (1) to prohibit the enforcement, as part of PARTICIPATION OF HEALTH CARE same experience; a contract or agreement to which a health PROFESSIONALS. (B) the professional reasonably believes care provider is a party, of any mutually (a) PROCEDURES.—Insofar as a group health the information to be true; agreed upon terms and conditions, including plan, or health insurance issuer that offers (C) the information evidences either a vio- terms and conditions requiring a health care health insurance coverage, provides benefits lation of a law, rule, or regulation, of an ap- provider to participate in, and cooperate through participating health care profes- plicable accreditation standard, or of a gen- with, all programs, policies, and procedures sionals, the plan or issuer shall establish rea- erally recognized professional or clinical developed or operated by a group health plan sonable procedures relating to the participa- standard or that a patient is in imminent or health insurance issuer to assure, review, tion (under an agreement between a profes- hazard of loss of life or serious injury; and or improve the quality and effective utiliza- sional and the plan or issuer) of such profes- (D) subject to subparagraphs (B) and (C) of tion of health care services (if such utiliza- sionals under the plan or coverage. Such pro- paragraph (3), the professional has followed tion is according to guidelines or protocols cedures shall include— reasonable internal procedures of the plan, that are based on clinical or scientific evi- (1) providing notice of the rules regarding issuer, or institutional health care provider dence and the professional judgment of the participation; established or the purpose of addressing provider) but only if the guidelines or proto- (2) providing written notice of participa- quality concerns before making the disclo- cols under such utilization do not prohibit or tion decisions that are adverse to profes- sure. restrict medical communications between sionals; and (3) EXCEPTION AND SPECIAL RULE.— providers and their patients; or (3) providing a process within the plan or (A) GENERAL EXCEPTION.—Paragraph (1) (2) to permit a health care provider to mis- issuer for appealing such adverse decisions, does not protect disclosures that would vio- represent the scope of benefits covered under including the presentation of information late Federal or State law or diminish or im- the group health plan or health insurance and views of the professional regarding such pair the rights of any person to the contin- coverage or to otherwise require a group decision. ued protection of confidentiality of commu- health plan health insurance issuer to reim- (b) CONSULTATION IN MEDICAL POLICIES.—A nications provided by such law. burse providers for benefits not covered group health plan, and health insurance (B) NOTICE OF INTERNAL PROCEDURES.—Sub- under the plan or coverage. issuer that offers health insurance coverage, paragraph (D) of paragraph (2) shall not (c) MEDICAL COMMUNICATION DEFINED.—In shall consult with participating physicians apply unless the internal procedures in- this section: (if any) regarding the plan’s or issuer’s med- volved are reasonably expected to be known ical policy, quality, and medical manage- (1) IN GENERAL.—The term ‘‘medical com- to the health care professional involved. For munication’’ means any communication ment procedures. purposes of this subparagraph, a health care made by a health care provider with a pa- SEC. ll144. PROTECTION FOR PATIENT ADVO- professional is reasonably expected to know tient of the health care provider (or the CACY. of internal procedures if those procedures (a) PROTECTION FOR USE OF UTILIZATION RE- guardian or legal representative of such pa- have been made available to the professional VIEW AND GRIEVANCE PROCESS.—A group tient) with respect to— through distribution or posting. health plan, and a health insurance issuer (A) the patient’s health status, medical (C) INTERNAL PROCEDURE EXCEPTION.—Sub- with respect to the provision of health insur- care, or treatment options; paragraph (D) of paragraph (2) also shall not ance coverage, may not retaliate against a (B) any utilization review requirements apply if— participant, beneficiary, enrollee, or health that may affect treatment options for the (i) the disclosure relates to an imminent care provider based on the participant’s, patient; or hazard of loss of life or serious injury to a beneficiary’s, enrollee’s or provider’s use of, patient; (C) any financial incentives that may af- or participation in, a utilization review proc- fect the treatment of the patient. (ii) the disclosure is made to an appro- ess or a grievance process of the plan or priate private accreditation body pursuant (2) MISREPRESENTATION.—The term ‘‘med- issuer (including an internal or external re- ical communication’’ does not include a to disclosure procedures established by the view or appeal process) under this subtitle. body; or communication by a health care provider (b) PROTECTION FOR QUALITY ADVOCACY BY with a patient of the health care provider (or (iii) the disclosure is in response to an in- HEALTH CARE PROFESSIONALS.— quiry made in an investigation or proceeding the guardian or legal representative of such (1) IN GENERAL.—A group health plan or patient) if the communication involves a of an appropriate public regulatory agency health insurance issuer may not retaliate or and the information disclosed is limited to knowing or willful misrepresentation by discriminate against a protected health care such provider. the scope of the investigation or proceeding. professional because the professional in good (4) ADDITIONAL CONSIDERATIONS.—It shall SEC. ll142. PROHIBITION AGAINST TRANSFER faith— OF INDEMNIFICATION OR IM- not be a violation of paragraph (1) to take an (A) discloses information relating to the adverse action against a protected health PROPER INCENTIVE ARRANGE- care, services, or conditions affecting one or MENTS. care professional if the plan, issuer, or pro- more participants, beneficiaries, or enrollees (a) PROHIBITION OF TRANSFER OF INDEM- vider taking the adverse action involved of the plan or issuer to an appropriate public NIFICATION.— demonstrates that it would have taken the regulatory agency, an appropriate private (1) IN GENERAL.—No contract or agreement same adverse action even in the absence of between a group health plan or health insur- accreditation body, or appropriate manage- the activities protected under such para- ance issuer (or any agent acting on behalf of ment personnel of the plan or issuer; or graph. such a plan or issuer) and a health care pro- (B) initiates, cooperates, or otherwise par- (5) NOTICE.—A group health plan, health in- vider shall contain any provision purporting ticipates in an investigation or proceeding surance issuer, and institutional health care to transfer to the health care provider by in- by such an agency with respect to such care, provider shall post a notice, to be provided demnification or otherwise any liability re- services, or conditions. or approved by the Secretary of Labor, set- lating to activities, actions, or omissions of If an institutional health care provider is a ting forth excerpts from, or summaries of, the plan, issuer, or agent (as opposed to the participating provider with such a plan or the pertinent provisions of this subsection provider). issuer or otherwise receives payments for and information pertaining to enforcement (2) NULLIFICATION.—Any contract or agree- benefits provided by such a plan or issuer, of such provisions. ment provision described in paragraph (1) the provisions of the previous sentence shall (6) CONSTRUCTIONS.— shall be null and void. apply to the provider in relation to care, (A) DETERMINATIONS OF COVERAGE.—Noth- (b) PROHIBITION OF IMPROPER PHYSICIAN IN- services, or conditions affecting one or more ing in this subsection shall be construed to CENTIVE PLANS.— patients within an institutional health care prohibit a plan or issuer from making a de- (1) IN GENERAL.—A group health plan and a provider in the same manner as they apply termination not to pay for a particular med- health insurance issuer offering health insur- to the plan or issuer in relation to care, serv- ical treatment or service or the services of a ance coverage may not operate any physi- ices, or conditions provided to one or more type of health care professional. cian incentive plan (as defined in subpara- participants, beneficiaries, or enrollees; and (B) ENFORCEMENT OF PEER REVIEW PROTO- graph (B) of section 1876(i)(8) of the Social for purposes of applying this sentence, any COLS AND INTERNAL PROCEDURES.—Nothing in Security Act) unless the requirements de- reference to a plan or issuer is deemed a ref- this subsection shall be construed to prohibit scribed in subparagraph (A) of such section erence to the institutional health care pro- a plan, issuer, or provider from establishing are met with respect to such a plan. vider. and enforcing reasonable peer review or uti- (2) APPLICATION.—For purposes of carrying (2) GOOD FAITH ACTION.—For purposes of lization review protocols or determining out paragraph (1), any reference in section paragraph (1), a protected health care profes- whether a protected health care professional 1876(i)(8) of the Social Security Act to the sional is considered to be acting in good has complied with those protocols or from Secretary, an eligible organization, or an in- faith with respect to disclosure of informa- establishing and enforcing internal proce- dividual enrolled with the organization shall tion or participation if, with respect to the dures for the purpose of addressing quality be treated as a reference to the applicable information disclosed as part of the action— concerns.

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(C) RELATION TO OTHER RIGHTS.—Nothing in (2) EXCEPTION.—Nothing in this section least a 24-hour hospital length of stay fol- this subsection shall be construed to abridge shall be construed as requiring the provision lowing a lymph node dissection for treat- rights of participants, beneficiaries, enroll- of inpatient coverage if the attending physi- ment of breast cancer. ees, and protected health care professionals cian and patient determine that a shorter pe- (B) Such State law requires, in connection under other applicable Federal or State laws. riod of hospital stay is medically appro- with such coverage for surgical treatment of (7) PROTECTED HEALTH CARE PROFESSIONAL priate. breast cancer, that the hospital length of DEFINED.—For purposes of this subsection, (b) PROHIBITIONS.—A group health plan, stay for such care is left to the decision of the term ‘‘protected health care profes- and a health insurance issuer offering group (or required to be made by) the attending sional’’ means an individual who is a li- health insurance coverage in connection provider in consultation with the woman in- censed or certified health care professional with a group health plan, may not— volved. and who— (1) deny to a woman eligibility, or contin- (2) CONSTRUCTION.—Section 2723(a)(1) of the (A) with respect to a group health plan or ued eligibility, to enroll or to renew cov- Public Health Service Act and section health insurance issuer, is an employee of erage under the terms of the plan, solely for 731(a)(1) of the Employee Retirement Income the plan or issuer or has a contract with the the purpose of avoiding the requirements of Security Act of 1974 shall not be construed as plan or issuer for provision of services for this section; superseding a State law described in para- which benefits are available under the plan (2) provide monetary payments or rebates graph (1). or issuer; or to women to encourage such women to ac- SEC. ll153. STANDARDS RELATING TO BENE- (B) with respect to an institutional health cept less than the minimum protections FITS FOR RECONSTRUCTIVE BREAST care provider, is an employee of the provider available under this section; SURGERY. or has a contract or other arrangement with (3) penalize or otherwise reduce or limit (a) REQUIREMENTS FOR RECONSTRUCTIVE the provider respecting the provision of the reimbursement of an attending provider BREAST SURGERY.— health care services. because such provider provided care to an in- (1) IN GENERAL.—A group health plan, and dividual participant or beneficiary in accord- a health insurance issuer offering group CHAPTER 6—PROMOTING GOOD MEDICAL ance with this section; health insurance coverage, that provides PRACTICE (4) provide incentives (monetary or other- coverage for breast surgery in connection SEC. ll151. PROMOTING GOOD MEDICAL PRAC- wise) to an attending provider to induce such with a mastectomy shall provide coverage TICE. provider to provide care to an individual par- for reconstructive breast surgery resulting (a) PROHIBITING ARBITRARY LIMITATIONS OR ticipant or beneficiary in a manner incon- from the mastectomy. Such coverage shall CONDITIONS FOR THE PROVISION OF SERV- sistent with this section; or include coverage for all stages of reconstruc- ICES.— (5) subject to subsection (c)(3), restrict tive breast surgery performed on a nondis- (1) IN GENERAL.—A group health plan, and benefits for any portion of a period within a eased breast to establish symmetry with the a health insurance issuer in connection with hospital length of stay required under sub- diseased when reconstruction on the diseased the provision of health insurance coverage, section (a) in a manner which is less favor- breast is performed and coverage of pros- may not arbitrarily interfere with or alter able than the benefits provided for any pre- theses and complications of mastectomy in- the decision of the treating physician regard- ceding portion of such stay. cluding lymphedema. ing the manner or setting in which par- (c) RULES OF CONSTRUCTION.— (2) RECONSTRUCTIVE BREAST SURGERY DE- ticular services are delivered if the services (1) Nothing in this section shall be con- FINED.—In this section, the term ‘‘recon- are medically necessary or appropriate for strued to require a woman who is a partici- structive breast surgery’’ means surgery per- treatment or diagnosis to the extent that pant or beneficiary— formed as a result of a mastectomy to rees- such treatment or diagnosis is otherwise a (A) to undergo a mastectomy or lymph tablish symmetry between two breasts, and covered benefit. node dissection in a hospital; or includes augmentation mammoplasty, reduc- (2) CONSTRUCTION.—Paragraph (1) shall not (B) to stay in the hospital for a fixed pe- tion mammoplasty, and mastopexy. be construed as prohibiting a plan or issuer riod of time following a mastectomy or (3) MASTECTOMY DEFINED.—In this section, from limiting the delivery of services to one lymph node dissection. the term ‘‘mastectomy’’ means the surgical or more health care providers within a net- (2) This section shall not apply with re- removal of all or part of a breast. work of such providers. spect to any group health plan, or any group (b) PROHIBITIONS.— (3) MANNER OR SETTING DEFINED.—In para- health insurance coverage offered by a (1) DENIAL OF COVERAGE BASED ON COSMETIC graph (1), the term ‘‘manner or setting’’ health insurance issuer, which does not pro- SURGERY.—A group health plan, and a health means the location of treatment, such as vide benefits for hospital lengths of stay in insurance issuer offering group health insur- whether treatment is provided on an inpa- connection with a mastectomy or lymph ance coverage in connection with a group tient or outpatient basis, and the duration of node dissection for the treatment of breast health plan, may not deny coverage de- treatment, such as the number of days in a cancer. scribed in subsection (a)(1) on the basis that hospital, Such term does not include the cov- (3) Nothing in this section shall be con- the coverage is for cosmetic surgery. erage of a particular service or treatment. strued as preventing a group health plan or (2) APPLICATION OF SIMILAR PROHIBITIONS.— (b) NO CHANGE IN COVERAGE.—Subsection issuer from imposing deductibles, coinsur- Paragraphs (2) through (5) of section ll152 (a) shall not be construed as requiring cov- ance, or other cost-sharing in relation to shall apply under this section in the same erage of particular services the coverage of benefits for hospital lengths of stay in con- manner as they apply with respect to section which is otherwise not covered under the nection with a mastectomy or lymph node ll152. terms of the plan or coverage or from con- dissection for the treatment of breast cancer (c) RULES OF CONSTRUCTION.— ducting utilization review activities con- under the plan (or under health insurance (1) Nothing in this section shall be consistent with this subsection. coverage offered in connection with a group strued to require a woman who is a partici- (c) MEDICAL NECESSITY OR APPROPRIATE- health plan), except that such coinsurance or pant or beneficiary to undergo reconstruc- NESS DEFINED.—In subsection (a), the term other cost-sharing for any portion of a period tive breast surgery. ‘‘medically necessary or appropriate’’ means, within a hospital length of stay required (2) This section shall not apply with re- with respect to a service or benefit, a service under subsection (a) may not be greater than spect to any group health plan, or any group or benefit which is consistent with generally such coinsurance or cost-sharing for any pre- health insurance coverage offered by a accepted principles of professional medical ceding portion of such stay. health insurance issuer, which does not pro- practice. (d) LEVEL AND TYPE OF REIMBURSEMENTS.— vide benefits for mastectomies. SEC. ll152. STANDARDS RELATING TO BENE- Nothing in this section shall be construed to (3) Nothing in this section shall be con- FITS FOR CERTAIN BREAST CANCER prevent a group health plan or a health in- strued as preventing a group health plan or TREATMENT. surance issuer offering group health insur- issuer from imposing deductibles, coinsur- (a) INPATIENT CARE.— ance coverage from negotiating the level and ance, or other cost-sharing in relation to (1) IN GENERAL.—A group health plan, and type of reimbursement with a provider for benefits for reconstructive breast surgery a health insurance issuer offering group care provided in accordance with this sec- under the plan (or under health insurance health insurance coverage, that provides tion. coverage offered in connection with a group medical and surgical benefits shall ensure (e) EXCEPTION FOR HEALTH INSURANCE COV- health plan), except that such coinsurance or that inpatient coverage with respect to the ERAGE IN CERTAIN STATES.— other cost-sharing for any portion may not treatment of breast cancer is provided for a (1) IN GENERAL.—The requirements of this be greater than such coinsurance or cost- period of time as is determined by the at- section shall not apply with respect to sharing that is otherwise applicable with re- tending physician, in his or her professional health insurance coverage if there is a State spect to benefits for mastectomies. judgment consistent with generally accepted law (as defined in section 2723(d)(1) of the (e) LEVEL AND TYPE OF REIMBURSEMENTS.— medical standards, in consultation with the Public Health Service Act) for a State that Nothing in this section shall be construed to patient, to be medically appropriate fol- regulates such coverage that is described in prevent a group health plan or a health in- lowing— any of the following subparagraphs: surance issuer offering group health insur- (A) a mastectomy; (A) Such State law requires such coverage ance coverage from negotiating the level and (B) a lumpectomy; or to provide for at least a 48-hour hospital type of reimbursement with a provider for (C) a lymph node dissection for the treat- length of stay following a mastectomy per- care provided in accordance with this sec- ment of breast cancer. formed for treatment of breast cancer and at tion.

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(f) EXCEPTION FOR HEALTH INSURANCE COV- services to a participant, beneficiary, or en- ply with such notice requirement as if such ERAGE IN CERTAIN STATES.— rollee under group health plan or health in- section applied to such issuer and such issuer (1) IN GENERAL.—The requirements of this surance coverage offered by a health insur- were a group health plan.’’. section shall not apply with respect to ance issuer, a health care provider that fur- (b) CONFORMING AMENDMENT.—Section health insurance coverage if there is a State nishes such items and services under a con- 2721(b)(1)(A) of such Act (42 U.S.C. 300gg– law (as defined in section 2723(d)(1) of the tract or other arrangement with the plan or 21(b)(1)(A)) is amended by inserting ‘‘(other Public Health Service Act) for a State that issuer. than section 2706)’’ after ‘‘requirements of regulates such coverage and that requires SEC. ll192. PREEMPTION; STATE FLEXIBILITY; such subparts’’. coverage of at least the coverage of recon- CONSTRUCTION. SEC. ll202. APPLICATION TO INDIVIDUAL structive breast surgery otherwise required (a) CONTINUED APPLICABILITY OF STATE HEALTH INSURANCE COVERAGE. under this section. LAW WITH RESPECT TO HEALTH INSURANCE Part B of title XXVII of the Public Health (2) CONSTRUCTION.—Section 2723(a)(1) of the ISSUERS.— Service Act is amended by inserting after Public Health Service Act and section (1) IN GENERAL.—Subject to paragraph (2), section 2751 the following new section: 731(a)(1) of the Employee Retirement Income this subtitle shall not be construed to super- ‘‘SEC. 2752. PATIENT PROTECTION STANDARDS. Security Act of 1974 shall not be construed as sede any provision of State law which estab- ‘‘(a) IN GENERAL.—Each health insurance superseding a State law described in para- lishes, implements, or continues in effect issuer shall comply with patient protection graph (1). any standard or requirement solely relating requirements under subtitle A of the Pa- CHAPTER 7—DEFINITIONS to health insurance issuers in connection tients’ Bill of Rights Act of 1998 with respect SEC. ll191. DEFINITIONS. with group health insurance coverage except to individual health insurance coverage it of- to the extent that such standard or require- (a) INCORPORATION OF GENERAL DEFINI- fers, and such requirements shall be deemed ment prevents the application of a require- TIONS.—The provisions of section 2971 of the to be incorporated into this subsection. Public Health Service Act shall apply for ment of this subtitle. ‘‘(b) NOTICE.—A health insurance issuer purposes of this subtitle in the same manner (2) CONTINUED PREEMPTION WITH RESPECT TO under this part shall comply with the notice as they apply for purposes of title XXVII of GROUP HEALTH PLANS.—Nothing in this sub- requirement under section 711(d) of the Em- such Act. title shall be construed to affect or modify ployee Retirement Income Security Act of (b) SECRETARY.—Except as otherwise pro- the provisions of section 514 of the Employee 1974 with respect to the requirements of such vided, the term ‘‘Secretary’’ means the Sec- Retirement Income Security Act of 1974 with subtitle as if such section applied to such retary of Health and Human Services, in con- respect to group health plans. issuer and such issuer were a group health sultation with the Secretary of Labor and (b) RULES OF CONSTRUCTION.—Except as plan.’’. provided in sections ll152 and ll153, noth- the Secretary of the Treasury and the term Subtitle C—Amendments to the Employee ing in this subtitle shall be construed as re- ‘‘appropriate Secretary’’ means the Sec- Retirement Income Security Act of 1974 quiring a group health plan or health insur- retary of Health and Human Services in rela- SEC. ll301. APPLICATION OF PATIENT PROTEC- tion to carrying out this subtitle under sec- ance coverage to provide specific benefits under the terms of such plan or coverage. TION STANDARDS TO GROUP tions 2706 and 2751 of the Public Health Serv- HEALTH PLANS AND GROUP HEALTH (c) DEFINITIONS.—For purposes of this sec- ice Act, the Secretary of Labor in relation to INSURANCE COVERAGE UNDER THE tion: carrying out this subtitle under section 713 EMPLOYEE RETIREMENT INCOME (1) STATE LAW.—The term ‘‘State law’’ in- of the Employee Retirement Income Secu- SECURITY ACT OF 1974. cludes all laws, decisions, rules, regulations, rity Act of 1974, and the Secretary of the (a) IN GENERAL.—Subpart B of part 7 of or other State action having the effect of Treasury in relation to carrying out this subtitle B of title I of the Employee Retire- law, of any State. A law of the United States subtitle under chapter 100 and section 4980D ment Income Security Act of 1974 is amended applicable only to the District of Columbia of the Internal Revenue Code of 1986. by adding at the end the following new sec- shall be treated as a State law rather than a (c) ADDITIONAL DEFINITIONS.—For purposes tion: of this subtitle: law of the United States. ‘‘SEC. 713. PATIENT PROTECTION STANDARDS. (2) STATE.—The term ‘‘State’’ includes a (1) APPLICABLE AUTHORITY.—The term ‘‘ap- ‘‘(a) IN GENERAL.—Subject to subsection plicable authority’’ means— State, the Northern Mariana Islands, any po- (b), a group health plan (and a health insur- (A) in the case of a group health plan, the litical subdivisions of a State or such Is- ance issuer offering group health insurance Secretary of Health and Human Services and lands, or any agency or instrumentality of coverage in connection with such a plan) the Secretary of Labor; and either. shall comply with the requirements of sub- (B) in the case of a health insurance issuer SEC. ll193. REGULATIONS. title A of the Patients’ Bill of Rights Act of with respect to a specific provision of this The Secretaries of Health and Human 1998 (as in effect as of the date of the enact- subtitle, the applicable State authority (as Services, Labor, and the Treasury shall issue ment of such Act), and such requirements defined in section 2791(d) of the Public such regulations as may be necessary or ap- shall be deemed to be incorporated into this Health Service Act), or the Secretary of propriate to carry out this subtitle. Such subsection. Health and Human Services, if such Sec- regulations shall be issued consistent with ‘‘(b) PLAN SATISFACTION OF CERTAIN RE- retary is enforcing such provision under sec- section 104 of Health Insurance Portability QUIREMENTS.— tion 2722(a)(2) or 2761(a)(2) of the Public and Accountability Act of 1996. Such Secre- ‘‘(1) SATISFACTION OF CERTAIN REQUIRE- Health Service Act. taries may promulgate any interim final MENTS THROUGH INSURANCE.—For purposes of (2) CLINICAL PEER.—The term ‘‘clinical rules as the Secretaries determine are appro- subsection (a), insofar as a group health plan peer’’ means, with respect to a review or ap- priate to carry out this subtitle. provides benefits in the form of health insur- peal, a physician (allopathic or osteopathic) Subtitle B—Application of Patient Protection ance coverage through a health insurance or other health care professional who holds a Standards to Group Health Plans and issuer, the plan shall be treated as meeting non-restricted license in a State and who is Health Insurance Coverage Under Public the following requirements of subtitle A of appropriately credentialed in the same or Health Service Act the Patients’ Bill of Rights Act of 1998 with similar specialty as typically manages the SEC. ll201. APPLICATION TO GROUP HEALTH respect to such benefits and not be consid- medical condition, procedure, or treatment PLANS AND GROUP HEALTH INSUR- ered as failing to meet such requirements be- under review or appeal and includes a pedi- ANCE COVERAGE. cause of a failure of the issuer to meet such atric specialist where appropriate; except (a) IN GENERAL.—Subpart 2 of part A of requirements so long as the plan sponsor or that only a physician may be a clinical peer title XXVII of the Public Health Service Act its representatives did not cause such failure with respect to the review or appeal of treat- is amended by adding at the end the fol- by the issuer: ment rendered by a physician. lowing new section: ‘‘(A) section ll101 (relating to access to (3) HEALTH CARE PROVIDER.—The term ‘‘SEC. 2706. PATIENT PROTECTION STANDARDS. emergency care). ‘‘health care provider’’ includes a physician ‘‘(a) IN GENERAL.—Each group health plan ‘‘(B) Section ll102(a)(1) (relating to offer- or other health care professional, as well as shall comply with patient protection re- ing option to purchase point-of-service cov- an institutional provider of health care serv- quirements under subtitle A of the Patients’ erage), but only insofar as the plan is meet- ices. Bill of Rights Act of 1998, and each health in- ing such requirement through an agreement (4) NONPARTICIPATING.—The term ‘‘non- surance issuer shall comply with patient pro- with the issuer to offer the option to pur- participating’’ means, with respect to a tection requirements under such subtitle chase point-of-service coverage under such health care provider that provides health with respect to group health insurance cov- section. care items and services to a participant, ben- erage it offers, and such requirements shall ‘‘(C) Section ll103 (relating to choice of eficiary, or enrollee under group health plan be deemed to be incorporated into this sub- providers). or health insurance coverage, a health care section. ‘‘(D) Section ll104 (relating to access to provider that is not a participating health ‘‘(b) NOTICE.—A group health plan shall specialty care). care provider with respect to such items and comply with the notice requirement under ‘‘(E) Section ll105(a)(1) (relating to con- services. section 711(d) of the Employee Retirement tinuity in case of termination of provider (5) PARTICIPATING.—The term ‘‘partici- Income Security Act of 1974 with respect to contract) and section ll105(a)(2) (relating pating’’ mean, with respect to a health care the requirements referred to in subsection to continuity in case of termination of issuer provider that provides health care items and (a) and a health insurance issuer shall com- contract), but only insofar as a replacement

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issuer assumes the obligation for continuity clude a reference to an institutional health ‘‘(A) IN GENERAL.—Subject to subparagraph of care. care provider. (B), paragraph (1) does not authorize— ‘‘(F) section ll106 (relating to coverage ‘‘(c) ENFORCEMENT OF CERTAIN REQUIRE- ‘‘(i) any cause of action against an em- for individuals participating in approved MENTS.— ployer or other plan sponsor maintaining the clinical trials.) ‘‘(1) COMPLAINTS.—Any protected health group health plan (or against an employee of ‘‘(G) section ll107 (relating to access to care professional who believes that the pro- such an employer or sponsor acting within needed prescription drugs). fessional has been retaliated or discrimi- the scope of employment), or ‘‘(H) Section ll108 (relating to adequacy nated against in violation of section ‘‘(ii) a right of recovery or indemnity by a of provider network). ll144(b)(1) of the Patients’ Bill of Rights person against an employer or other plan ‘‘(I) Chapter 2 (relating to quality assur- Act of 1998 may file with the Secretary a sponsor (or such an employee) for damages ance). complaint within 180 days of the date of the assessed against the person pursuant to a ‘‘(J) Section ll143 (relating to additional alleged retaliation or discrimination. cause of action under paragraph (1). rules regarding participation of health care ‘‘(2) INVESTIGATION.—The Secretary shall ‘‘(B) SPECIAL RULE.—Subparagraph (A) professionals). investigate such complaints and shall deter- shall not preclude any cause of action de- ‘‘(K) Section ll152 (relating to standards mine if a violation of such section has oc- scribed in paragraph (1) against an employer relating to benefits for certain breast cancer curred and, if so, shall issue an order to en- or other plan sponsor (or against an em- treatment). sure that the protected health care profes- ployee of such an employer or sponsor acting ‘‘(L) Section ll153 (relating to standards sional does not suffer any loss of position, within the scope of employment) if— relating to benefits for reconstructive breast pay, or benefits in relation to the plan, ‘‘(i) such action is based on the employer’s surgery). issuer, or provider involved, as a result of or other plan sponsor’s (or employee’s) exer- ‘‘(2) INFORMATION.—With respect to infor- the violation found by the Secretary. cise of discretionary authority to make a de- mation required to be provided or made ‘‘(d) CONFORMING REGULATIONS.—The Sec- cision on a claim for benefits covered under available under section ll121, in the case of retary may issue regulations to coordinate the plan or health insurance coverage in the a group health plan that provides benefits in the requirements on group health plans case at issue; and the form of health insurance coverage under this section with the requirements im- ‘‘(ii) the exercise by such employer or through a health insurance issuer, the Sec- posed under the other provisions of this other plan sponsor (or employee) of such au- retary shall determine the circumstances title.’’. thority resulted in personal injury or wrong- under which the plan is not required to pro- (b) SATISFACTION OF ERISA CLAIMS PROCE- ful death. vide or make available the information (and DURE REQUIREMENT.—Section 503 of such Act ‘‘(3) CONSTRUCTION.—Nothing in this sub- is not liable for the issuer’s failure to pro- (29 U.S.C. 1133) is amended by inserting ‘‘(a)’’ section shall be construed as permitting a vide or make available the information), if after ‘‘SEC. 503.’’ and by adding at the end cause of action under State law for the fail- the issuer is obligated to provide and make the following new subsection: ure to provide an item or service which is available (or provides and makes available) ‘‘(b) In the case of a group health plan (as not covered under the group health plan in- such information. defined in section 733) compliance with the volved.’’. ‘‘(3) GRIEVANCE AND INTERNAL APPEALS.— requirements of chapter 4 (and section (b) EFFECTIVE DATE.—The amendment With respect to the grievance system and in- ll115) of subtitle A of the Patients’ Bill of made by subsection (a) shall apply to acts ternal appeals process required to be estab- Rights Act of 1998 in the case of a claims de- and omissions occurring on or after the date lished under sections ll131 and ll132, in nial shall be deemed compliance with sub- of the enactment of this title from which a the case of a group health plan that provides section (a) with respect to such claims de- cause of action arises. benefits in the form of health insurance cov- nial.’’. Subtitle D—Application to Group Health erage through a health insurance issuer, the (c) CONFORMING AMENDMENTS.—(1) Section Plans Under the Internal Revenue Code of Secretary shall determine the circumstances 732(a) of such Act (29 U.S.C. 1185(a)) is 1986. amended by striking ‘‘section 711’’ and in- under which the plan is not required to pro- SEC. ll401. AMENDMENTS TO THE INTERNAL vide for such system and process (and is not serting ‘‘sections 711 and 713’’. REVENUE CODE OF 1986. liable for the issuer’s failure to provide for (2) The table of contents in section 1 of Subchapter B of chapter 100 of the Internal such system and process), if the issuer is ob- such Act is amended by inserting after the Revenue Code of 1986 (as amended by section ligated to provide for (and provides for) such item relating to section 712 the following 1531(a) of the Taxpayer Relief Act of 1997) is system and process. new item: amended— ‘‘(4) EXTERNAL APPEALS.—Pursuant to rules ‘‘Sec. 713. Patient protection standards.’’. (1) in the table of sections, by inserting of the Secretary, insofar as a group health (3) Section 502(b)(3) of such Act (29 U.S.C. after the item relating to section 9812 the plan enters into a contract with a qualified 1132(b)(3)) is amended by inserting ‘‘(other following new item: external appeal entity for the conduct of ex- than section 144(b))’’ after ‘‘part 7’’. ‘‘Sec. 9813. Standard relating to patient free- ternal appeal activities in accordance with SEC. ll302. ERISA PREEMPTION NOT TO APPLY dom of choice.’’; and section ll133, the plan shall be treated as TO CERTAIN ACTIONS INVOLVING meeting the requirement of such section and HEALTH INSURANCE POLICY- (2) by inserting after section 9812 the fol- is not liable for the entity’s failure to meet HOLDERS. lowing: any requirements under such section. (a) IN GENERAL.—Section 514 of the Em- ‘‘SEC. 9813. STANDARD RELATING TO PATIENTS’ BILL OF RIGHTS. ‘‘(5) APPLICATION TO PROHIBITIONS.—Pursu- ployee Retirement Income Security Act of ‘‘A group health plan shall comply with ant to rules of the Secretary, if a health in- 1974 (29 U.S.C. 1144) is amended by adding at the requirements of subtitle A of the Pa- surance issuer offers health insurance cov- the end the following subsection: tients’ Bill of Rights Act of 1998 (as in effect erage in connection with a group health plan ‘‘(e) PREEMPTION NOT TO APPLY TO CERTAIN as of the date of the enactment of such Act), and takes an action in violation of any of the ACTIONS ARISING OUT OF PROVISION OF and such requirements shall be deemed to be following sections, the group health plan HEALTH BENEFITS.— incorporated into this section.’’. shall not be liable for such violation unless ‘‘(1) IN GENERAL.—Except as provided in the plan caused such violation: this subsection, nothing in this title shall be Subtitle E—Effective Dates; Coordination in ‘‘(A) Section ll109 (relating to non- construed to invalidate, impair, or supersede Implementation discrimination in delivery of services). any cause of action brought by a plan partic- SEC. ll501. EFFECTIVE DATES. ‘‘(B) Section ll141 (relating to prohibi- ipant or beneficiary (or the estate of a plan (a) GROUP HEALTH COVERAGE.— tion of interference with certain medical participant or beneficiary) under State law (1) IN GENERAL.—Subject to paragraph (2), communications). to recover damages resulting from personal the amendments made by sections 2201(a) ‘‘(C) Section ll142 (relating to prohibi- injury or for wrongful death against any per- and 2301 (and subtitle A insofar as it relates tion against transfer of indemnification or son— to such sections) shall apply with respect to improper incentive arrangements). ‘‘(A) in connection with the provision of in- group health plans, and health insurance ‘‘(D) Section ll144 (relating to prohibi- surance, administrative services, or medical coverage offered in connection with group tion on retaliation). services by such person to or for a group health plans, for plan years beginning on or ‘‘(E) Section ll151 (relating to promoting health plan (as defined in section 733), or after July 1, 1999 (in this section referred to good medical practice). ‘‘(B) that arises out of the arrangement by as the ‘‘general effective date’’). ‘‘(6) CONSTRUCTION.—Nothing in this sub- such person for the provision of such insur- (2) TREATMENT OF COLLECTIVE BARGAINING section shall be construed to affect or modify ance, administrative services, or medical AGREEMENTS.—In the case of a group health the responsibilities of the fiduciaries of a services by other persons. plan maintained pursuant to 1 or more col- group health plan under part 4 of subtitle B. For purposes of this subsection, the term lective bargaining agreements between em- ‘‘(7) APPLICATION TO CERTAIN PROHIBITIONS ‘personal injury’ means a physical injury and ployee representatives and 1 or more em- AGAINST RETALIATION.—With respect to com- includes an injury arising out of the treat- ployers ratified before the date of enactment pliance with the requirements of section ment (or failure to treat) a mental illness or of this title, the amendments made by sec- ll144(b)(1) of the Patients’ Bill of Rights disease. tions 2201(a) and 2301 (and subtitle A insofar Act of 1998, for purposes of this subtitle the ‘‘(2) EXCEPTION FOR EMPLOYERS AND OTHER as it relates to such sections) shall not apply term ‘group health plan’ is deemed to in- PLAN SPONSORS.— to plan years beginning before the later of—

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7597 (A) the date on which the last collective ‘‘(ii) with respect to which the act (or fail- (2) Section 357 of such Code is amended by bargaining agreements relating to the plan ure to act) giving rise to such liability oc- striking ‘‘or acquisition’’ each place it ap- terminates (determined without regard to curs at least 3 years before the beginning of pears in subsection (a) or (b). any extension thereof agreed to after the the taxable year.’’ (3) Section 357(b)(1) of such Code Is amend- date of enactment of this title), or (b) EFFECTIVE DATE.—The amendment ed by striking ‘‘or acquired’’. (B) the general effective date. made by this section shall apply to net oper- (4) Section 357(c)(1) of such Code is amend- For purposes of subparagraph (A), any plan ating losses for taxable years beginning after ed by striking ‘‘, plus the amount of the li- amendment made pursuant to a collective the date of the enactment of this Act. abilities to which the property is subject,’’. bargaining agreement relating to the plan SEC. ll603. PROPERTY SUBJECT TO A LIABILITY (5) Section 357(c)(3) of such Code is amend- which amends the plan solely to conform to TREATED IN SAME MANNER AS AS- ed by striking ‘‘or to which the property any requirement added by this title shall not SUMPTION OF LIABILITY. transferred is subject’’. be treated as a termination of such collec- (a) REPEAL OF PROPERTY SUBJECT TO A LI- (6) Section 358(d)(1) of such Code is amend- tive bargaining agreement. ABILITY TEST.— ed by striking ‘‘or acquisition (in the (1) SECTION 357.—Section 357(a) of the Inter- (b) INDIVIDUAL HEALTH INSURANCE COV- amount of the liability)’’. ERAGE.—The amendments made by section nal Revenue Code of 1986 (relating to as- (e) EFFECTIVE DATE.—The amendments ll202 shall apply with respect to individual sumption of liability) is amended by striking made by this section shall apply to transfers health insurance coverage offered, sold, ‘‘, or acquires from the taxpayer property after the date of the enactment of this Act. subject to a liability’’ in paragraph (2). issued, renewed, in effect, or operated in the SEC. ll604. EXCISE TAX ON PURCHASE OF individual market on or after the general ef- (2) SECTION 358.—Section 358(d)(1) of such STRUCTURED SETTLEMENT AGREE- fective date. Code (relating to assumption of liability) is MENTS. amended by striking ‘‘or acquired from the SEC. ll502. COORDINATION IN IMPLEMENTA- (a) IN GENERAL.—Subtitle D of the Internal TION. taxpayer property subject to a liability’’. Revenue Code of 1986 (relating to miscella- Section 104(1) of Health Insurance Port- (3) SECTION 368.— neous excise taxes) is amended by adding at ability and Accountability Act of 1996 is (A) Section 368(a)(1)(C) of such Code is the end the following: amended by striking ‘‘, or the fact that prop- amended by inserting ‘‘or under subtitle A of ‘‘CHAPTER 48—STRUCTURED erty acquired is subject to a liability,’’. the Patients’ Bill of Rights Act of 1998 (and SETTLEMENT AGREEMENTS the amendments made by such title)’’ after (B) The last sentence of section 368(a)(2)(B) ‘‘section 401)’’. of such Code is amended by striking ‘‘, and ‘‘Sec. 5000A. Tax on purchases of structured the amount of any liability to which any settlement agreements. SEC. ll503. NO IMPACT ON SOCIAL SECURITY TRUST FUND. property acquired from the acquiring cor- ‘‘SEC. 5000A. TAX ON PURCHASES OF STRUC- Nothing in this title shall be construed to poration is subject,’’. TURED SETTLEMENT AGREEMENTS. (b) CLARIFICATION OF ASSUMPTION OF LI- alter or amend the Social Security Act (or ‘‘(a) IMPOSITION OF TAX.—There is hereby ABILITY.—Section 357(c) of the Internal Rev- any regulation promulgated under that Act). imposed on any person who purchases the enue Code of 1986 is amended by adding at To the extent that this title may have a neg- right to receive payments under a structured the end the following new paragraph: ative effect on the balances of any trust fund settlement agreement a tax equal to 10 per- ‘‘(4) DETERMINATION OF AMOUNT OF LIABIL- established under the Social Security Act, cent of the amount of the purchase price. ITY ASSUMED.—For purposes of this section, such sums as may be necessary shall be ‘‘(b) EXCEPTION FOR COURT-ORDERED PUR- section 358(d), section 368(a)(1)(C), and sec- transferred from the general revenues of the CHASES.—Subsection (a) shall not apply to tion 368(a)(2)(B)— Federal Government to ensure that the in- any purchase which is pursuant to a court ‘‘(A) a liability shall be treated as having come and balances of such trust funds are order which finds that such purchase is nec- been assumed to the extent, as determined not reduced as a result of the enactment of essary because of the extraordinary and un- on the basis of facts and circumstances, the this title. anticipated needs of the individual with the transferor is relieved of such liability or any personal injuries or sickness giving rise to Subtitle F—Revenue portion thereof (including through an indem- the structured settlement agreement. SEC. ll601. EXTENSION OF HAZARDOUS SUB- nity agreement or other similar arrange- ‘‘(c) STRUCTURED SETTLEMENT AGREE- STANCE SUPERFUND TAXES. ment), and MENT.—For purposes of this section, the term (a) EXTENSION OF TAXES.— ‘‘(B) in the case of the transfer of any prop- ‘structured settlement agreement’ means— (1) ENVIRONMENTAL TAX.—Section 59A(e) of erty subject to a nonrecourse liability, un- ‘‘(1) any right to receive (whether by suit the Internal Revenue Code of 1986 is amended less the facts and circumstances indicate or agreement) periodic payments as damages to read as follows: otherwise, the transferee shall be treated as on account of personal injuries or sickness, ‘‘(e) APPLICATION OF TAX.—The tax imposed assuming with respect to such property a or by this section shall apply to taxable years ratable portion of such liability determined ‘‘(2) any right to receive periodic payments beginning after December 31, 1986, and before on the basis of the relative fair market val- as compensation for personal injuries or January 1, 1996, and to taxable years begin- ues (determined without regard to section sickness under any workmen’s compensation ning after December 31, 1999, and before Jan- 7701(g)) of all assets subject to such liability. act. uary 1, 2009.’’ (c) APPLICATION TO PROVISIONS OTHER THAN ‘‘(d) PURCHASE.—For purposes of this sec- (2) EXCISE TAXES.—Section 4611(e) of such SUBCHAPTER C.— tion, the term ‘purchase’ has the meaning Code is amended to read as follows: (1) SECTION 584.—Section 584(h)(3) of the In- given such term by section 179(d)(2).’’ ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE ternal Revenue Code of 1986 is amended— (b) CONFORMING AMENDMENT.—The table of SUPERFUND FINANCING RATE.—The Hazardous (A) by striking ‘‘, and the fact that any chapters for subtitle D of the Internal Rev- Substance Superfund financing rate under property transferred by the common trust enue Code of 1986 is amended by adding at this section shall apply after December 31, fund is subject to a liability,’’ in subpara- the end the following: 1986, and before January 1, 1996, and after De- graph (A), cember 31, 1999, and before October 1, 2008.’’ (B) by striking clause (ii) of subparagraph ‘‘CHAPTER 48. Structured settlement agree- (b) EFFECTIVE DATES.— (B) and inserting: ments.’’ (1) INCOME TAX.—The amendment made by ‘‘(ii) ASSUMED LIABILITIES.—For purposes of (c) EFFECTIVE DATE.—The amendments subsection (a)(1) shall apply to taxable years clause (i), the term ‘assumed liabilities’ made by this section shall apply to pur- beginning after December 31, 1999. means any liability of the common trust chases after the date of enactment of this (2) EXCISE TAX.—The amendment made by fund assumed by any regulated investment Act. subsection (a)(2) shall take effect on January company in connection with the transfer re- SEC. ll605. CLARIFICATION AND EXPANSION OF 1, 2000. ferred to in paragraph (1)(A). MATHEMATICAL ERROR ASSESS- MENT PROCEDURES. SEC. ll602. CLARIFICATION OF DEFINITION OF ‘‘(C) ASSUMPTION.—For purposes of this SPECIFIED LIABILITY LOSS. paragraph, in determining the amount of any (a) TIN DEEMED INCORRECT IF INFORMATION (a) IN GENERAL.—Subparagraph (B) of sec- liability assumed, the rules of section ON RETURN DIFFERS WITH AGENCY RECORDS.— tion 172(f)(1) of the Internal Revenue Code of 357(c)(4) shall apply.’’ Section 6213(g)(2) of the Internal Revenue 1986 (defining specified liability loss) is (2) SECTION 1031.—The last sentence of sec- Code of 1986 (defining mathematical or cler- amended to read as follows: tion 1031(d) of such Code is amended— ical error) is amended by adding at the end ‘‘(B) Any amount (not described in sub- (A) by striking ‘‘assumed a liability of the the following flush sentence: paragraph (A)) allowable as a deduction taxpayer or acquired from the taxpayer prop- ‘‘A taxpayer shall be treated as having omit- under this chapter which is attributable to a erty subject to a liability’’ and inserting ‘‘as- ted a correct TIN for purposes of the pre- liability— sumed (as determined under section 357(c)(4)) ceding sentence if information provided by ‘‘(i) under a Federal or State law requiring a liability of the taxpayer’’, and the taxpayer on the return with respect to the reclamation of land, decommissioning of (B) by striking ‘‘or acquisition (in the the individual whose TIN was provided dif- a nuclear power plant (or any unit thereof), amount of the liability)’’. fers from the information the Secretary ob- dismantlement of an offshore drilling plat- (d) CONFORMING AMENDMENTS.— tains from the person issuing the TIN.’’ form, remediation of environmental con- (1) Section 351(h)(1) of the Internal Rev- (b) EXPANSION OF MATHEMATICAL ERROR tamination, or payment of workmen’s com- enue Code of 1986 is amended by striking ‘‘, PROCEDURES TO CASES WHERE TIN ESTAB- pensation, and or acquires property subject to a liability,’’. LISHES INDIVIDUAL NOT ELIGIBLE FOR TAX

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CREDIT.—Section 6213(g)(2) of the Internal day of the third month of such quarter is at ployer (or employee organization) that main- Revenue Code of 1986 is amended by striking least equal to the lesser of— tains or participates in a group health plan ‘‘and’’ at the end of subparagraph (I), by ‘‘(I) 60 percent of the taxes imposed by sec- subject to the requirements of paragraph (1) striking the period at the end of the first tion 3301 which are attributable to wages shall provide to the administrator of the subparagraph (J) (relating to higher edu- paid during such quarter, or plan such of the information elements re- cation credit) and inserting a comma, by re- ‘‘(II) 90 percent of the taxes imposed by quired to be provided under subparagraph designating the second subparagraph (J) (re- section 3301 which are attributable to wages (A), and in such manner and at such times as lating to earned income credit) as subpara- paid during the first 2 months of such quar- the Secretary may specify, at a frequency graph (K) and by striking the period at the ter. consistent with that required under subpara- end and inserting ‘‘, and’’, and by adding at ‘‘(3) DEPOSIT REQUIRED ONLY ON BANKING graph (A) with respect to each individual de- the end the following new subparagraph: DAYS.—If taxes are required to be deposited scribed in subparagraph (A) who is covered ‘‘(L) the inclusion of a TIN on a return under this subsection on any day which is under the plan by reason of employment with respect to an individual for whom a not a banking day, such taxes shall be treat- with that employer or membership in the or- credit is claimed under section 21, 24, or 32 if, ed as timely deposited if deposited on the ganization. on the basis of data obtained by the Sec- first banking day thereafter. ‘‘(C) INFORMATION ELEMENTS.—The infor- retary from the person issuing the TIN, it is ‘‘(4) WAGES.—For purposes of this sub- mation elements described in this subpara- established that the individual does not meet section, the term ‘wages’ has the meaning graph are the following: any applicable age requirements for such given to such term by section 3306(b).’’ ‘‘(i) ELEMENTS CONCERNING THE INDI- credit.’’ (b) APPLICATION TO DEPOSITS REQUIRED BY VIDUAL.— (c) EFFECTIVE DATE.—The amendments STATE GOVERNMENTS.— ‘‘(I) The individual’s name. made by this section shall apply to taxable (1) IN GENERAL.—Section 303 of the Social ‘‘(II) The individual’s date of birth. years ending after the date of the enactment Security Act (42 U.S.C. 503) is amended by ‘‘(III) The individual’s sex. of this Act. adding at the end the following new sub- ‘‘(IV) The individual’s social security in- SEC. ll606. MODIFICATION TO FOREIGN TAX section: surance number. CREDIT CARRYBACK AND CARRY- ‘‘(k)(1) The State agency charged with the ‘‘(V) The number assigned by the Secretary OVER PERIODS. administration of the State law shall provide to the individual for claims under this title. (a) IN GENERAL.—Section 904(c) of the In- that any deposit required under the State ‘‘(VI) The family relationship of the indi- ternal Revenue Code of 1986 (relating to limi- law to the unemployment fund of the State vidual to the person who has or had current tation on credit) is amended— with respect to wages paid for any month or employment status with the employer. (1) by striking ‘‘in the second preceding during a calendar year by an employer is re- ‘‘(ii) ELEMENTS CONCERNING THE FAMILY taxable year,’’, and quired to be made by the last day of the fol- MEMBER WITH CURRENT OR FORMER EMPLOY- (2) by striking ‘‘or fifth’’ and inserting lowing month if such employer is treated as MENT STATUS.— ‘‘fifth, sixth, or seventh’’. a monthly depositor for such calendar year ‘‘(I) The name of the person in the individ- (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to credits for purposes of section 6157(d) of the Internal ual’s family who has current or former em- arising in taxable years beginning after De- Revenue Code of 1986 (or if the State so ployment status with the employer. cember 31, 2001. elects, at such other time as is not later ‘‘(II) That person’s social security insur- than the time provided under subparagraph ance number. SEC. ll607. DEPOSIT REQUIREMENTS FOR FUTA TAXES. (C) of section 6157(d)(2) of such Code). ‘‘(III) The number or other identifier as- (a) IN GENERAL.—Section 6157 of the Inter- ‘‘(2) Whenever the Secretary of Labor, signed by the plan to that person. nal Revenue Code of 1986 (relating to pay- after reasonable notice and opportunity for ‘‘(IV) The periods of coverage for that per- ment of Federal unemployment tax on quar- hearing to the State agency charged with son under the plan. terly or other time period basis) is amended the administration of State law, finds that ‘‘(V) The employment status of that person by adding at the end the following new sub- there is a failure to comply substantially (current or former) during those periods of section: with the requirements of paragraph (1), the coverage. ‘‘(d) DEPOSITS OF FUTA TAXES.— Secretary of Labor shall notify such State ‘‘(VI) The classes (of that person’s family ‘‘(1) GENERAL RULE.—Except as otherwise agency that further payments will not be members) covered under the plan. provided in this subsection or in regulations made to the State until the Secretary is sat- ‘‘(iii) PLAN ELEMENTS.— prescribed by the Secretary, the taxes im- isfied that there is no longer any such fail- ‘‘(I) The items and services covered under posed by section 3301 which are attributable ure. Until the Secretary of Labor is so satis- the plan. to wages paid during any calendar quarter fied, he shall make no further certification ‘‘(II) The name and address to which shall be deposited on or before the last day of to the Secretary of the Treasury with re- claims under the plan are to be sent. the first month following the close of such spect to such State.’’ ‘‘(iv) ELEMENTS CONCERNING THE EM- calendar quarter. (2) CONFORMING AMENDMENT.—Section PLOYER.— ‘‘(2) MONTHLY DEPOSIT RULE.— 304(a)(2) of the Social Security Act (42 U.S.C. ‘‘(I) The employer’s name. ‘‘(A) IN GENERAL.—In the case of a monthly 504(a)(2)) is amended by striking ‘‘or (j)’’ and ‘‘(II) The employer’s address. depositor for any calendar year, the taxes inserting ‘‘(j), or (k)’’. ‘‘(III) The employer identification number imposed by section 3301 which are attrib- (c) CONFORMING AMENDMENTS.— of the employer. utable to wages paid during any month in (1) The last sentence of section 6157(a) of ‘‘(D) USE OF IDENTIFIERS.—The adminis- such calendar year shall be deposited on or the Internal Revenue Code of 1986 is amended trator of a group health plan shall utilize a before the last day of the following month. by striking ‘‘and such time’’. unique identifier for the plan in providing in- ‘‘(B) MONTHLY DEPOSITOR.—For purposes of (2) Section 6157(b) of such Code is amended formation under subparagraph (A) and in subparagraph (A), an employer is a monthly by striking ‘‘referred to in paragraph (1) or other transactions, as may be specified by depositor for any calendar year if the em- (2) of subsection (a)’’. the Secretary, related to the provisions of ployer’s liability for taxes imposed by sec- (d) EFFECTIVE DATE.—The amendments this subsection. The Secretary may provide tion 3301 for the preceding calendar year was made by this section shall apply to months to the administrator the unique identifier equal to or greater than $1,100. All persons beginning after December 31, 2003. described in the preceding sentence. treated as one employer under subsection (a) SEC. ll608. INFORMATION REQUIREMENTS. ‘‘(E) PENALTY FOR NONCOMPLIANCE.—Any or (b) shall be treated as one employer for (a) INFORMATION FROM GROUP HEALTH entity that knowingly and willfully fails to purposes of this subparagraph. PLANS.—Section 1862(b) of the Social Secu- comply with a requirement imposed by the ‘‘(C) SAFE HARBOR FOR MONTHLY DEPOSI- rity Act (42 U.S.C. 1395y(b)) is amended by previous subparagraphs shall be subject to a TORS.—No penalties shall be imposed under adding at the end the following: civil money penalty not to exceed $1,000 for this title with respect to— ‘‘(7) INFORMATION FROM GROUP HEALTH each incident of such failure. The provisions ‘‘(i) deposits required under this paragraph PLANS.— of section 1128A (other than subsections (a) for the first month of a calendar quarter if ‘‘(A) PROVISION OF INFORMATION BY GROUP and (b)) shall apply to a civil money penalty the amount deposited by the last day of the HEALTH PLANS.—The administrator of a under the previous sentence in the same second month of such quarter is at least group health plan subject to the require- manner as those provisions apply to a pen- equal to the lesser of— ments of paragraph (1) shall provide to the alty or proceeding under section 1128A(a).’’. ‘‘(I) 30 percent of the taxes imposed by sec- Secretary such of the information elements (b) EFFECTIVE DATE.—The amendment tion 3301 which are attributable to wages described in subparagraph (C) as the Sec- made by subsection (a) shall take effect 180 paid during such quarter, or retary specifies, and in such manner and at days after the date of enactment of this Act. ‘‘(II) 90 percent of the taxes imposed by such times as the Secretary may specify (but section 3301 which are attributable to wages not more frequently than four times per PRODUCT LIABILITY REFORM ACT paid during the first month of such quarter, year), with respect to each individual cov- OF 1998 and ered under the plan who is entitled to any ‘‘(ii) deposits required under this para- benefits under this title. LOTT AMENDMENT NO. 3064 graph for the second month of a calendar ‘‘(B) PROVISION OF INFORMATION BY EMPLOY- Mr. LOTT proposed an amendment to quarter if the amount deposited by the last ERS AND EMPLOYEE ORGANIZATIONS.—An em- the bill, S. 648, supra; as follows:

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7599 Strike all after the enacting clause and in- (2) providing for reasonable standards con- (A) means any physical injury, illness, dis- sert the following: cerning, and limits on, punitive damages ease, or death, or damage to property caused SECTION 1. SHORT TITLE; TABLE OF CONTENTS. over and above the actual damages suffered by a product; and (a) SHORT TITLE.—This Act may be cited as by a claimant; (B) does not include commercial loss. the ‘‘Product Liability Reform Act of 1998’’. (3) ensuring the fair allocation of liability (11) INSURER.—The term ‘‘insurer’’ means (b) TABLE OF CONTENTS.—The table of con- in product liability actions; the employer of a claimant if the employer tents for this Act is as follows: (4) reducing the unacceptable costs and is self-insured or if the employer is not self- Sec. 1. Short title; table of contents. delays in product liability actions caused by insured, the workers’ compensation insurer Sec. 2. Findings; purposes. excessive litigation that harm both plaintiffs of the employer. and defendants; TITLE I—PRODUCT LIABILITY REFORM (12) MANUFACTURER.—The term ‘‘manufac- (5) establishing greater fairness, ration- turer’’ means— Sec. 101. Definitions. ality, and predictability in product liability (A) any person who is engaged in a busi- Sec. 102. Applicability; preemption. actions; and ness to produce, create, make, or construct Sec. 103. Liability rules applicable to prod- (6) providing fair and expeditious judicial any product (or component part of a product) uct sellers, renters, and lessors. procedures that are necessary to com- and who— Sec. 104. Defense based on claimant’s use of plement and effectuate the legal principles (i) designs or formulates the product (or alcohol or drugs. established by this Act. Sec. 105. Reduction in damages for misuse or component part of the product); or TITLE I—PRODUCT LIABILITY REFORM alteration. (ii) has engaged another person to design Sec. 106. Statute of limitations. SEC. 101. DEFINITIONS. or formulate the product (or component part Sec. 107. Statute of repose for durable goods In this title: of the product); used in a trade or business. (1) ALCOHOLIC PRODUCT.—The term ‘‘alco- (B) a product seller, but only with respect Sec. 108. Transitional provision relating to holic product’’ includes any product that to those aspects of a product (or component extension of period for bringing contains not less than 1⁄2 of 1 percent of alco- part of a product) which are created or af- certain actions. hol by volume and is intended for human fected when, before placing the product in Sec. 109. Alternative dispute resolution pro- consumption. the stream of commerce, the product seller— cedures. (2) CLAIMANT.—The term ‘‘claimant’’ (i) produces, creates, makes, constructs Sec. 110. Punitive damages reforms. means any person who brings an action cov- and designs, or formulates an aspect of the Sec. 111. Liability for certain claims relat- ered by this title and any person on whose product (or component part of the product) ing to death. behalf such an action is brought. If such an made by another person; or Sec. 112. Workers’ compensation subroga- action is brought through or on behalf of an (ii) has engaged another person to design tion. estate, the term includes the claimant’s de- or formulate an aspect of the product (or TITLE II—BIOMATERIALS ACCESS cedent. If such an action is brought through component part of the product) made by an- ASSURANCE or on behalf of a minor or incompetent, the other person; or term includes the claimant’s legal guardian. (C) any product seller not described in sub- Sec. 201. Short title. (3) CLAIMANT’S BENEFITS.—The term paragraph (B) which holds itself out as a Sec. 202. Findings. ‘‘claimant’s benefits’’ means the amount manufacturer to the user of the product. Sec. 203. Definitions. paid to an employee as workers’ compensa- (13) NONECONOMIC LOSS.—The term ‘‘non- Sec. 204. General requirements; application benefits. economic loss’’ means subjective, nonmone- bility; preemption. (4) CLEAR AND CONVINCING EVIDENCE.—The tary loss resulting from harm, including Sec. 205. Liability of biomaterials suppliers. Sec. 206. Procedures for dismissal of civil ac- term ‘‘clear and convincing evidence’’ is that pain, suffering, inconvenience, mental suf- tions against biomaterials sup- measure or degree of proof that will produce fering, emotional distress, loss of society and pliers. in the mind of the trier of fact a firm belief companionship, loss of consortium, injury to Sec. 207. Subsequent impleader of dismissed or conviction as to the truth of the allega- reputation, and humiliation. defendant. tions sought to be established. The level of (14) PERSON.—The term ‘‘person’’ means proof required to satisfy that standard is any individual, corporation, company, asso- TITLE III—LIMITATIONS ON more than that required under a preponder- ciation, firm, partnership, society, joint APPLICABILITY; EFFECTIVE DATE ance of the evidence, but less than that re- stock company, or any other entity (includ- Sec. 301. Federal cause of action precluded. quired for proof beyond a reasonable doubt. ing any governmental entity). Sec. 302. Effective date. (5) COMMERCIAL LOSS.—The term ‘‘commer- (15) PRODUCT.— SEC. 2. FINDINGS; PURPOSES. cial loss’’ means— (A) IN GENERAL.—The term ‘‘product’’ (a) FINDINGS.—Congress finds that— (A) any loss or damage solely to a product means any object, substance, mixture, or (1) although damage awards in product li- itself; raw material in a gaseous, liquid, or solid ability actions can encourage the production (B) loss relating to a dispute over the value state that— of safer products, they also can have a direct of a product; or (i) is capable of delivery itself or as an as- effect on interstate commerce and our Na- (C) consequential economic loss. sembled whole, in a mixed or combined tion’s consumers by, among other things, in- (6) COMPENSATORY DAMAGES.—The term state, or as a component part or ingredient; creasing the cost and decreasing the avail- ‘‘compensatory damages’’ means damages (ii) is produced for introduction into trade ability of products; awarded for economic and noneconomic loss. or commerce; (2) some of the rules of law governing prod- (7) DRAM-SHOP.—The term ‘‘dram-shop’’ (iii) has intrinsic economic value; and uct liability actions are inconsistent within means a drinking establishment where alco- (iv) is intended for sale or lease to persons and among the States, resulting in dif- holic products are sold to be consumed on for commercial or personal use. ferences in State laws that can be inequi- the premises. (B) EXCLUSION.—The term ‘‘product’’ does table to both plaintiffs and defendants and (8) DURABLE GOOD.—The term ‘‘durable not include— can impose burdens on interstate commerce; good’’ means any product, or any component (i) tissue, organs, blood, and blood products (3) product liability awards can jeopardize of any such product, which— used for therapeutic or medical purposes, ex- the financial well-being of individuals and (A)(i) has a normal life expectancy of 3 or cept to the extent that such tissue, organs, industries, particularly the Nation’s small more years; or blood, and blood products (or the provision businesses; (ii) is of a character subject to allowance thereof) are subject, under applicable State (4) because the product liability laws of for depreciation under the Internal Revenue law, to a standard of liability other than one State can have adverse effects on con- Code of 1986; and negligence; or sumers and businesses in many other States, (B) is— (ii) electricity, water delivered by a util- it is appropriate for the Federal Government (i) used in a trade or business; ity, natural gas, or steam. to enact national, uniform product liability (ii) held for the production of income; or (16) PRODUCT LIABILITY ACTION.—The term laws that preempt State laws; and (iii) sold or donated to a governmental or ‘‘product liability action’’ means a civil ac- (5) it is the constitutional role of the Fed- private entity for the production of goods, tion brought on any theory for harm caused eral Government to remove barriers to inter- training, demonstration, or any other simi- by a product. state commerce. lar purpose. (17) PRODUCT SELLER.— (b) PURPOSES.—Based on the powers under (9) ECONOMIC LOSS.—The term ‘‘economic (A) IN GENERAL.—The term ‘‘product sell- clause 3 of section 8 of article I of the United loss’’ means any pecuniary loss resulting er’’ means a person who in the course of a States Constitution, the purposes of this Act from harm (including the loss of earnings or business conducted for that purpose— are to promote the free flow of goods and other benefits related to employment, med- (i) sells, distributes, rents, leases, prepares, services and to lessen burdens on interstate ical expense loss, replacement services loss, blends, packages, labels, or otherwise is in- commerce by— loss due to death, burial costs, and loss of volved in placing a product in the stream of (1) establishing certain uniform legal prin- business or employment opportunities) to commerce; or ciples of product liability that provide a fair the extent recovery for that loss is allowed (ii) installs, repairs, refurbishes, recondi- balance among the interests of product under applicable State law. tions, or maintains the harm-causing aspect users, manufacturers, and product sellers; (10) HARM.—The term ‘‘harm’’— of the product.

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(B) EXCLUSION.—The term ‘‘product seller’’ harm caused by a tobacco product shall not failed to exercise reasonable care with re- does not include— be subject to the provisions of this title gov- spect to a product based upon an alleged fail- (i) a seller or lessor of real property; erning product liability actions, but shall be ure to inspect the product, if— (ii) a provider of professional services in subject to any applicable Federal or State (A) the failure occurred because there was any case in which the sale or use of a prod- law. no reasonable opportunity to inspect the uct is incidental to the transaction and the (D) ACTIONS INVOLVING HARM CAUSED BY A product; or essence of the transaction is the furnishing BREAST IMPLANT.—A civil action brought for (B) the inspection, in the exercise of rea- of judgment, skill, or services; or harm caused by either the silicone gel or the sonable care, would not have revealed the as- (iii) any person who— silicone envelope utilized in a breast implant pect of the product that allegedly caused the (I) acts in only a financial capacity with containing silicone gel shall not be subject claimant’s harm. respect to the sale of a product; or to the provisions of this title governing prod- (b) SPECIAL RULE.— (II) leases a product under a lease arrange- uct liability actions, but shall be subject to (1) IN GENERAL.—A product seller shall be ment in which the lessor does not initially any applicable Federal or State law. deemed to be liable as a manufacturer of a select the leased product and does not during (b) RELATIONSHIP TO STATE LAW.—This product for harm caused by the product, if— the lease term ordinarily control the daily title supersedes a State law only to the ex- (A) the manufacturer is not subject to operations and maintenance of the product. tent that the State law applies to a matter service of process under the laws of any (18) PUNITIVE DAMAGES.—The term ‘‘puni- covered by this title. Any matter that is not State in which the action may be brought; or tive damages’’ means damages awarded governed by this title, including any stand- (B) the court determines that the claimant against any person or entity to punish or ard of liability applicable to a manufacturer, is or would be unable to enforce a judgment deter that person or entity, or others, from shall be governed by any applicable Federal against the manufacturer. or State law. engaging in similar behavior in the future. (2) STATUTE OF LIMITATIONS.—For purposes (c) EFFECT ON OTHER LAW.—Nothing in this (19) STATE.—The term ‘‘State’’ means any of this subsection only, the statute of limita- title shall be construed to— State of the United States, the District of tions applicable to claims asserting liability (1) waive or affect any defense of sovereign Columbia, the Commonwealth of Puerto of a product seller as a manufacturer shall be immunity asserted by any State under any Rico, the Northern Mariana Islands, the Vir- tolled from the date of the filing of a com- law; gin Islands, Guam, American Samoa, and plaint against the manufacturer to the date (2) supersede or alter any Federal law; any other territory or possession of the that judgment is entered against the manu- (3) waive or affect any defense of sovereign United States or any political subdivision of facturer. immunity asserted by the United States; any of the foregoing. (c) RENTED OR LEASED PRODUCTS.— (4) affect the applicability of any provision (20) TOBACCO PRODUCT.—The term ‘‘tobacco (1) DEFINITION.—For purposes of paragraph of chapter 97 of title 28, United States Code; product’’ means— (2), and for determining the applicability of (5) preempt State choice-of-law rules with (A) a cigarette, as defined in section 3 of this title to any person subject to that para- respect to claims brought by a foreign nation the Federal Cigarette Labeling and Adver- graph, the term ‘‘product liability action’’ or a citizen of a foreign nation; tising Act (15 U.S.C. 1332); means a civil action brought on any theory (6) affect the right of any court to transfer (B) a little cigar, as defined in section 3 of for harm caused by a product or product use. venue or to apply the law of a foreign nation the Federal Cigarette Labeling and Adver- (2) LIABILITY.—Notwithstanding any other or to dismiss a claim of a foreign nation or tising Act (15 U.S.C. 1332); provision of law, any person engaged in the of a citizen of a foreign nation on the ground (C) a cigar, as defined in section 5702(a) of business of renting or leasing a product of inconvenient forum; or the Internal Revenue Code of 1986; (other than a person excluded from the defi- (7) supersede or modify any statutory or (D) pipe tobacco; nition of product seller under section common law, including any law providing for (E) loose rolling tobacco and papers used to 101(17)(B)) shall be subject to liability in a an action to abate a nuisance, that author- contain that tobacco; product liability action under subsection (a), izes a person to institute an action for civil (F) a product referred to as smokeless to- but any person engaged in the business of damages or civil penalties, cleanup costs, in- bacco, as defined in section 9 of the Com- renting or leasing a product shall not be lia- junctions, restitution, cost recovery, puni- prehensive Smokeless Tobacco Health Edu- ble to a claimant for the tortious act of an- tive damages, or any other form of relief, for cation Act of 1986 (15 U.S.C. 4408); and other solely by reason of ownership of that remediation of the environment (as defined (G) any other form of tobacco intended for product. in section 101(8) of the Comprehensive Envi- human consumption. ronmental Response, Compensation, and Li- SEC. 104. DEFENSE BASED ON CLAIMANT’S USE SEC. 102. APPLICABILITY; PREEMPTION. ability Act of 1980 (42 U.S.C. 9601(8)). OF ALCOHOL OR DRUGS. ENERAL ULE (a) PREEMPTION.— SEC. 103. LIABILITY RULES APPLICABLE TO (a) G R .—In any product liabil- (1) IN GENERAL.—Except as provided in PRODUCT SELLERS, RENTERS, AND ity action that is subject to this title, it paragraph (2) and title II, this title governs LESSORS. shall be a complete defense to a claim made any product liability action brought in any (a) GENERAL RULE.— by a claimant, if the defendant proves that Federal or State court on any theory for (1) IN GENERAL.—In any product liability the claimant— harm caused by a product. action that is subject to this title, a product (1) was intoxicated or was under the influ- (2) ACTIONS EXCLUDED.— seller other than a manufacturer shall be lia- ence of alcohol or any drug when the acci- (A) ACTIONS FOR COMMERCIAL LOSS.—A civil ble to a claimant only if the claimant estab- dent or other event which resulted in that action brought for commercial loss shall be lishes that— claimant’s harm occurred; and governed only by applicable commercial law, (A)(i) the product that allegedly caused the (2) as a result of the influence of the alco- including applicable State law based on the harm that is the subject of the complaint hol or drug, was more than 50 percent re- Uniform Commercial Code. was sold, rented, or leased by the product sponsible for that harm. (B) ACTIONS FOR NEGLIGENT ENTRUSTMENT; seller; (b) CONSTRUCTION.—For purposes of sub- NEGLIGENCE PER SE CONCERNING FIREARMS AND (ii) the product seller failed to exercise section (a)— AMMUNITION; DRAM-SHOP.— reasonable care with respect to the product; (1) the determination of whether a person (i) NEGLIGENT ENTRUSTMENT.—A civil ac- and was intoxicated or was under the influence of tion for negligent entrustment shall not be (iii) the failure to exercise reasonable care alcohol or any drug shall be made pursuant subject to the provisions of this title gov- was a proximate cause of the harm to the to applicable State law; and erning product liability actions, but shall be claimant; (2) the term ‘‘drug’’ means any controlled subject to any applicable Federal or State (B)(i) the product seller made an express substance as defined in the Controlled Sub- law. warranty applicable to the product that al- stances Act (21 U.S.C. 802(6)) that was not le- (ii) NEGLIGENCE PER SE CONCERNING FIRE- legedly caused the harm that is the subject gally prescribed for use by the claimant or ARMS AND AMMUNITION.—A civil action of the complaint, independent of any express that was taken by the claimant other than brought under a theory of negligence per se warranty made by a manufacturer as to the in accordance with the terms of a lawfully concerning the use of a firearm or ammuni- same product; issued prescription. tion shall not be subject to the provisions of (ii) the product failed to conform to the SEC. 105. REDUCTION IN DAMAGES FOR MISUSE this title governing product liability actions, warranty; and OR ALTERATION. but shall be subject to any applicable Fed- (iii) the failure of the product to conform (a) GENERAL RULE.— eral or State law. to the warranty caused the harm to the (1) IN GENERAL.—In any product liability (iii) DRAM-SHOP.—A civil action brought claimant; or action that is subject to this title, the dam- under a theory of dram-shop or third-party (C)(i) the product seller engaged in inten- ages for which a defendant is otherwise lia- liability arising out of the sale or providing tional wrongdoing, as determined under ap- ble under Federal or State law shall be re- of an alcoholic product to an intoxicated per- plicable State law; and duced by the percentage of responsibility for son or minor shall not be subject to the pro- (ii) the intentional wrongdoing caused the the claimant’s harm attributable to misuse visions of this title, but shall be subject to harm that is the subject of the complaint. or alteration of a product by any person if any applicable Federal or State law. (2) REASONABLE OPPORTUNITY FOR INSPEC- the defendant establishes that such percent- (C) ACTIONS INVOLVING HARM CAUSED BY A TION.—For purposes of paragraph (1)(A)(ii), a age of the claimant’s harm was proximately TOBACCO PRODUCT.—A civil action brought for product seller shall not be considered to have caused by a use or alteration of a product—

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7601 (A) in violation of, or contrary to, a de- life expectancy of the specific product in- to determine whether the claimant may be fendant’s express warnings or instructions if volved which was longer than 18 years, ex- awarded compensatory damages, any evi- the warnings or instructions are adequate as cept that such subsection shall apply at the dence, argument, or contention that is rel- determined pursuant to applicable Federal expiration of that warranty. evant only to the claim of punitive damages, or State law; or (3) AVIATION LIMITATIONS PERIOD.—Sub- as determined by applicable State law, shall (B) involving a risk of harm which was section (a) does not affect the limitations pe- be inadmissible. known or should have been known by the or- riod established by the General Aviation Re- (b) SPECIAL RULE FOR CERTAIN PERSONS dinary person who uses or consumes the vitalization Act of 1994 (49 U.S.C. 40101 note). AND ENTITIES.— product with the knowledge common to the SEC. 108. TRANSITIONAL PROVISION RELATING (1) IN GENERAL.—In any action described in class of persons who used or would be reason- TO EXTENSION OF PERIOD FOR subsection (a) against a person or entity de- ably anticipated to use the product. BRINGING CERTAIN ACTIONS. scribed in paragraph (2), an award of punitive (2) USE INTENDED BY A MANUFACTURER IS If any provision of section 106 or 107 short- damages shall not exceed the lesser of— NOT MISUSE OR ALTERATION.—For purposes of ens the period during which a product liabil- (A) 2 times the amount of compensatory this title, a use of a product that is intended ity action could be otherwise brought pursu- damages awarded; or by the manufacturer of the product does not ant to another provision of law, the claimant (B) $250,000. constitute a misuse or alteration of the prod- may, notwithstanding sections 106 and 107, (2) PERSONS AND ENTITIES DESCRIBED.— uct. bring the product liability action not later (A) IN GENERAL.—A person or entity de- (b) WORKPLACE INJURY.—Notwithstanding than 1 year after the date of enactment of scribed in this paragraph is— subsection (a), and except as otherwise pro- this Act. (i) an individual whose net worth does not vided in section 112, the damages for which a SEC. 109. ALTERNATIVE DISPUTE RESOLUTION exceed $500,000; or defendant is otherwise liable under State law PROCEDURES. (ii) an owner of an unincorporated busi- shall not be reduced by the percentage of re- (a) SERVICE OF OFFER.—A claimant or a de- ness, or any partnership, corporation, asso- sponsibility for the claimant’s harm attrib- fendant in a product liability action that is ciation, unit of local government, or organi- utable to misuse or alteration of the product subject to this title may serve upon an ad- zation that has— by the claimant’s employer who is immune verse party an offer to proceed pursuant to (I) annual revenues of less than or equal to from suit by the claimant pursuant to the any voluntary, nonbinding alternative dis- $5,000,000; and State law applicable to workplace injuries. pute resolution procedure established or rec- (II) fewer than 25 full-time employees. SEC. 106. STATUTE OF LIMITATIONS. ognized under the law of the State in which (B) ANNUAL REVENUES AND EMPLOYEES.— (a) IN GENERAL.—Except as provided in the product liability action is brought or For the purpose of determining the applica- subsection (b) and subject to section 107, a under the rules of the court in which that ac- bility of this subsection to a corporation, the product liability action that is subject to tion is maintained, not later than 60 days calculation of— this title may be filed not later than 2 years after the later of— (i) the annual revenues of that corporation after the date on which the claimant discov- (1) service of the initial complaint; or shall include the annual revenues of any par- ered or, in the exercise of reasonable care, (2) the expiration of the applicable period ent corporation (or other subsidiary of the should have discovered, the harm that is the for a responsive pleading. parent corporation), subsidiary, branch, divi- subject of the action and the cause of the (b) WRITTEN NOTICE OF ACCEPTANCE OR RE- sion, department, or unit of that corpora- harm. JECTION.— tion; and (b) EXCEPTIONS.— (1) IN GENERAL.—Except as provided in sub- (ii) the number of employees of that cor- (1) PERSON WITH A LEGAL DISABILITY.—A section (c), not later than 20 days after the poration shall include the number of employ- person with a legal disability (as determined service of an offer to proceed under sub- ees of any parent corporation (or other sub- under applicable law) may file a product li- section (a), an offeree shall file a written no- sidiary of the parent corporation), sub- ability action that is subject to this title not tice of acceptance or rejection of the offer. sidiary, branch, division, department, or unit later than 2 years after the date on which (2) EFFECT OF NOTICE.—The filing of a writ- of that corporation. the person ceases to have the legal dis- ten notice under paragraph (1) shall not con- (C) REFERENCE POINT FOR DETERMINING AP- ability. stitute a waiver of any objection or defense PLICABILITY.—In determining the applica- (2) EFFECT OF STAY OR INJUNCTION.—If the in the action, including any objection on the bility of this subsection, the standards in commencement of a civil action that is sub- grounds of jurisdiction. subparagraphs (A) and (B) shall be applied as ject to this title is stayed or enjoined, the (c) EXTENSION.— of the date of commencement of any action running of the statute of limitations under (1) IN GENERAL.—The court may, upon mo- that is subject to this title. The defendant this section shall be suspended until the end tion by an offeree made before the expiration shall have the burden of proving the applica- of the period that the stay or injunction is in of the 20-day period specified in subsection bility of this subsection. effect. (b), extend the period for filing a written no- SEC. 111. LIABILITY FOR CERTAIN CLAIMS RE- SEC. 107. STATUTE OF REPOSE FOR DURABLE tice under such subsection for a period of not LATING TO DEATH. GOODS USED IN A TRADE OR BUSI- more than 60 days after the date of expira- (a) IN GENERAL.—Subject to subsection (b), NESS. tion of the period specified in subsection (b). a defendant may be liable for damages that (a) IN GENERAL.—Except as provided in (2) PERMITTED DISCOVERY.—Discovery may are only punitive in nature without regard subsections (b) and (c), no product liability be permitted during the period described in to section 110 in any product liability action action that is subject to this title concerning paragraph (1). that is subject to this title— a durable good alleged to have caused harm SEC. 110. PUNITIVE DAMAGES REFORMS. (1) in which the alleged harm to the claim- (other than toxic harm) for which the claim- (a) GENERAL RULE.— ant is death; and ant has received or is eligible to receive (1) UNIFORM STANDARD FOR AWARD OF PUNI- (2) that is subject to an applicable State workers’ compensation may be filed after TIVE DAMAGES.—To the extent punitive dam- law that, as of the date of enactment of this the 18-year period beginning at the time of ages are permitted by applicable State law, Act, provides, or is construed to provide, for delivery of the durable good to its first pur- punitive damages may be awarded against a damages that are only punitive in nature. chaser or lessee. defendant in any product liability action (b) LIMITATION.—Subsection (a) shall apply (b) EXTENSION OF STATUTE OF REPOSE.— that is subject to this title if the claimant to an action that meets the requirements of Notwithstanding any other provision of this establishes by clear and convincing evidence paragraphs (1) and (2) of that subsection only section and except as provided in section that the harm that is the subject of the ac- during such period as the State law provides, 106(b), a product liability action may be tion was the result of conduct carried out by or is construed to provide, for damages that commenced within 2 years after the date of the defendant with a conscious, flagrant in- are only punitive in nature. discovery or date on which discovery should difference to the rights or safety of others. (c) SUNSET.—This section shall cease to be have occurred, if the harm, and the cause of (2) BIFURCATION AT REQUEST OF ANY effective on September 1, 1999. the harm, leading to a product liability ac- PARTY.— SEC. 112. WORKERS’ COMPENSATION SUBROGA- tion described in subsection (a) are discov- (A) IN GENERAL.—At the request of any TION. ered or, in the exercise of reasonable care, party, the trier of fact in any action that is (a) GENERAL RULE.— should have been discovered, before the expi- subject to this section shall consider in a (1) RIGHT OF SUBROGATION.— ration of the 18-year period under this sec- separate proceeding, held subsequent to the (A) IN GENERAL.—An insurer shall have a tion. determination of the amount of compen- right of subrogation against a manufacturer (c) EXCEPTIONS.— satory damages, whether punitive damages or product seller to recover any claimant’s (1) IN GENERAL.—A motor vehicle, vessel, are to be awarded for the harm that is the benefits relating to harm that is the subject aircraft, or train, that is used primarily to subject of the action and the amount of the of a product liability action that is subject transport passengers for hire, shall not be award. to this title. subject to this section. (B) INADMISSIBILITY OF EVIDENCE RELATIVE (B) WRITTEN NOTIFICATION.—To assert a (2) CERTAIN EXPRESS WARRANTIES.—Sub- ONLY TO A CLAIM OF PUNITIVE DAMAGES IN A right of subrogation under subparagraph (A), section (a) does not bar a product liability PROCEEDING CONCERNING COMPENSATORY DAM- the insurer shall provide written notice to action against a defendant who made an ex- AGES.—If any party requests a separate pro- the court in which the product liability ac- press warranty in writing as to the safety or ceeding under paragraph (1), in a proceeding tion is brought.

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(C) INSURER NOT REQUIRED TO BE A PARTY.— (II) act committed by a coemployee out- tions are refusing to sell raw materials or An insurer shall not be required to be a nec- side the scope of normal work practices; or component parts for use in manufacturing essary and proper party in a product liability (ii) any rights to credits against future li- certain medical devices in the United States, action covered under subparagraph (A). ability established pursuant to applicable the prospects for development of new sources (2) SETTLEMENTS AND OTHER LEGAL PRO- State workers’ compensation law. of supply for the full range of threatened raw CEEDINGS.— (b) ATTORNEY’S FEES.—If, in a product li- materials and component parts for medical (A) IN GENERAL.—In any proceeding relat- ability action that is subject to this section, devices are remote; ing to harm or settlement with the manufac- the manufacturer or product seller raises the (11) it is unlikely that the small market turer or product seller by a claimant who issue of employer fault pursuant to this sec- for such raw materials and component parts files a product liability action that is subject tion and the trier of fact finds that the fault in the United States could support the large to this title, an insurer may participate to of the employer was not a substantial factor investment needed to develop new suppliers assert a right of subrogation for claimant’s in causing the harm to the claimant, the of such raw materials and component parts; benefits with respect to any payment made court shall require the manufacturer or (12) attempts to develop such new suppliers by the manufacturer or product seller by product seller to reimburse the insurer for would raise the cost of medical devices; reason of that harm, without regard to reasonable attorney’s fees and court costs, as (13) courts that have considered the duties whether the payment is made— determined by the court, incurred by the in- of the suppliers of the raw materials and (i) as part of a settlement; surer in litigating the issue of employer component parts have generally found that (ii) in satisfaction of judgment; fault, unless the court finds that the position the suppliers do not have a duty— (iii) as consideration for a covenant not to of the manufacturer or product seller was (A) to evaluate the safety and efficacy of sue; or substantially justified or that special cir- the use of a raw material or component part (iv) in another manner. cumstances make such a reimbursement un- in a medical device; and just. (B) WRITTEN NOTIFICATION.—Except as pro- (B) to warn consumers concerning the safe- vided in subparagraph (C), an employee shall TITLE II—BIOMATERIALS ACCESS ty and effectiveness of a medical device; not make any settlement with or accept any ASSURANCE (14) because medical devices and the raw payment from the manufacturer or product SEC. 201. SHORT TITLE. materials and component parts used in their seller without written notification to the in- This title may be cited as the ‘‘Biomate- manufacture move in interstate commerce, a surer. rials Access Assurance Act of 1998’’. shortage of such raw materials and compo- (C) EXEMPTION.—Subparagraph (B) shall SEC. 202. FINDINGS. nent parts affects interstate commerce; not apply in any case in which the insurer Congress find that— (15) in order to safeguard the availability has been compensated for the full amount of (1) each year millions of citizens of the of a wide variety of lifesaving and life-en- the claimant’s benefits. United States depend on the availability of hancing medical devices, immediate action (3) HARM RESULTING FROM ACTION OF EM- lifesaving or life-enhancing medical devices, is needed— PLOYER.— many of which are permanently implantable (A) to clarify the permissible bases of li- (A) IN GENERAL.—If, with respect to a prod- within the human body; ability for suppliers of raw materials and uct liability action that is subject to this (2) a continued supply of raw materials and component parts for medical devices; and title, the manufacturer or product seller component parts is necessary for the inven- (B) to provide expeditious procedures to chooses to raise to the trier of fact pursuant tion, development, improvement, and main- dispose of unwarranted suits against the sup- to the provisions of this section that the tenance of the supply of the devices; pliers in such manner as to minimize litiga- harm to the claimant was caused in whole or (3) most of the medical devices are made tion costs; in part by the claimant’s employer, the issue with raw materials and component parts (16) the several States and their courts are of employer fault shall be submitted to the that— the primary architects and regulators of our trier of fact, but only after the manufacturer (A) move in interstate commerce; tort system; Congress, however, must, in cer- or product seller has provided timely written (B) are not designed or manufactured spe- tain circumstances involving the national notice to the insurer that it is proceeding cifically for use in medical devices; and interest, address tort issues, and a threat- pursuant to the provisions of this section. (C) come in contact with internal human ened shortage of raw materials and compo- (B) RIGHTS OF INSURER.—Notwithstanding tissue; nent parts for life-saving medical devices is any other provision of law, with respect to (4) the raw materials and component parts one such circumstance; and an issue of fault submitted to a trier of fact also are used in a variety of nonmedical (17) the protections set forth in this title pursuant to subparagraph (A), an insurer products; are needed to assure the continued supply of shall, in the same manner as any party in (5) because small quantities of the raw ma- materials for life-saving medical devices; the action (even though the insurer is not a terials and component parts are used for however, negligent suppliers should not be named party in the action), have the right medical devices, sales of raw materials and protected. to— component parts for medical devices con- SEC. 203. DEFINITIONS. (i) appear; stitute an extremely small portion of the As used in this title: (ii) be represented; overall market for the raw materials and (1) BIOMATERIALS SUPPLIER.— (iii) introduce evidence; component parts; (A) IN GENERAL.—The term ‘‘biomaterials (iv) cross-examine adverse witnesses; and (6) under the Federal Food, Drug, and Cos- supplier’’ means an entity that directly or (v) present arguments to the trier of fact. metic Act (21 U.S.C. 301 et seq.), manufactur- indirectly supplies a component part or raw (C) REDUCTION OF DAMAGES.—If the trier of ers of medical devices are required to dem- material for use in the manufacture of an fact finds by clear and convincing evidence onstrate that the medical devices are safe implant. that the fault of the employer was a substan- and effective, including demonstrating that (B) PERSONS INCLUDED.—Such term in- tial factor in causing the harm to the claim- the products are properly designed and have cludes any person who— ant that is the subject of the product liabil- adequate warnings or instructions; (i) has submitted master files to the Sec- ity action— (7) notwithstanding the fact that raw ma- retary for purposes of premarket approval of (i) the court shall reduce by the amount of terials and component parts suppliers do not a medical device; or the claimant’s benefits and amounts for design, produce, or test a final medical de- (ii) licenses a biomaterials supplier to which payment, prior to the date of final vice, the suppliers have been the subject of produce component parts or raw materials. judgment in the product liability action, has actions alleging inadequate— (2) CLAIMANT.— not yet been made for workers’ compensa- (A) design and testing of medical devices (A) IN GENERAL.—The term ‘‘claimant’’ tion benefits received prior to such date or is manufactured with materials or parts sup- means any person who brings a civil action, otherwise due pursuant to State workers’ plied by the suppliers; or or on whose behalf a civil action is brought, compensation law— (B) warnings related to the use of such arising from harm allegedly caused directly (I) the damages awarded against the manu- medical devices; or indirectly by an implant, including a per- facturer or product seller; and (8) even though suppliers of raw materials son other than the individual into whose (II) any corresponding insurer’s subroga- and component parts have very rarely been body, or in contact with whose blood or tis- tion lien; and held liable in such actions, such suppliers sue, the implant is placed, who claims to (ii) the manufacturer or product seller have ceased supplying certain raw materials have suffered harm as a result of the im- shall have no further right by way of con- and component parts for use in medical de- plant. tribution or otherwise against the employer. vices for a number of reasons, including con- (B) ACTION BROUGHT ON BEHALF OF AN ES- (D) CERTAIN RIGHTS NOT AFFECTED.—Not- cerns about the costs of such litigation; TATE.—With respect to an action brought on withstanding a finding by the trier of fact (9) unless alternate sources of supply can behalf of or through the estate of an indi- described in subparagraph (C), the insurer be found, the unavailability of raw materials vidual into whose body, or in contact with shall not lose— and component parts for medical devices will whose blood or tissue the implant is placed, (i) any right of subrogation related to lead to unavailability of lifesaving and life- such term includes the decedent that is the any— enhancing medical devices; subject of the action. (I) intentional tort committed against the (10) because other suppliers of the raw ma- (C) ACTION BROUGHT ON BEHALF OF A MINOR claimant by a coemployee; or terials and component parts in foreign na- OR INCOMPETENT.—With respect to an action

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7603 brought on behalf of or through a minor or (ii) to include the implant on a list of de- eral or State law in an action alleging harm incompetent, such term includes the parent vices filed with the Secretary pursuant to caused by an implant; or or guardian of the minor or incompetent. section 510(j) of such Act (21 U.S.C. 360(j)) (2) to create a cause of action or Federal (D) EXCLUSIONS.—Such term does not in- and the regulations issued under such sec- court jurisdiction pursuant to sections 1331 clude— tion. or 1337 of title 28, United States Code, that (i) a provider of professional health care (7) MEDICAL DEVICE.—The term ‘‘medical otherwise would not exist under applicable services, in any case in which— device’’ means a device, as defined in section Federal or State law. (I) the sale or use of an implant is inci- 201(h) of the Federal Food, Drug, and Cos- SEC. 205. LIABILITY OF BIOMATERIALS SUP- dental to the transaction; and metic Act (21 U.S.C. 321(h)) and includes any PLIERS. (II) the essence of the transaction is the device component of any combination prod- (a) IN GENERAL.— furnishing of judgment, skill, or services; uct as that term is used in section 503(g) of (1) EXCLUSION FROM LIABILITY.—Except as (ii) a person acting in the capacity of a such Act (21 U.S.C. 353(g)). provided in paragraph (2) or section 207, a manufacturer, seller, or biomaterials sup- (8) RAW MATERIAL.—The term ‘‘raw mate- biomaterials supplier shall not be liable for plier; rial’’ means a substance or product that— harm to a claimant caused by an implant. (iii) a person alleging harm caused by ei- (A) has a generic use; and (2) LIABILITY.—A biomaterials supplier ther the silicone gel or the silicone envelope (B) may be used in an application other that— utilized in a breast implant containing sili- than an implant. (A) is a manufacturer may be liable for cone gel, except that— (9) SECRETARY.—The term ‘‘Secretary’’ harm to a claimant described in subsection means the Secretary of Health and Human (I) neither the exclusion provided by this (b); clause nor any other provision of this title Services. (B) is a seller may be liable for harm to a may be construed as a finding that silicone (10) SELLER.— claimant described in subsection (c); and gel (or any other form of silicone) may or (A) IN GENERAL.—The term ‘‘seller’’ means (C) furnishes raw materials or component may not cause harm; and a person who, in the course of a business con- parts that fail to meet applicable contrac- (II) the existence of the exclusion under ducted for that purpose, sells, distributes, tual requirements or specifications may be this clause may not— leases, packages, labels, or otherwise places liable for harm to a claimant described in (aa) be disclosed to a jury in any civil ac- an implant in the stream of commerce. subsection (d). tion or other proceeding; and (B) EXCLUSIONS.—The term does not in- (bb) except as necessary to establish the clude— (b) LIABILITY AS MANUFACTURER.— applicability of this title, otherwise be pre- (i) a seller or lessor of real property; (1) IN GENERAL.—A biomaterials supplier sented in any civil action or other pro- (ii) a provider of professional services, in may, to the extent required and permitted ceeding. any case in which the sale or use of an im- by any other applicable law, be liable for harm to a claimant caused by an implant if (3) COMPONENT PART.— plant is incidental to the transaction and the the biomaterials supplier is the manufac- (A) IN GENERAL.—The term ‘‘component essence of the transaction is the furnishing part’’ means a manufactured piece of an im- of judgment, skill, or services; or turer of the implant. plant. (iii) any person who acts in only a finan- (2) GROUNDS FOR LIABILITY.—The biomate- (B) CERTAIN COMPONENTS.—Such term in- cial capacity with respect to the sale of an rials supplier may be considered the manu- cludes a manufactured piece of an implant implant. facturer of the implant that allegedly caused harm to a claimant only if the biomaterials that— SEC. 204. GENERAL REQUIREMENTS; APPLICA- (i) has significant nonimplant applications; BILITY; PREEMPTION. supplier— and (a) GENERAL REQUIREMENTS.— (A)(i) has or should have registered with (ii) alone, has no implant value or purpose, (1) IN GENERAL.—In any civil action cov- the Secretary pursuant to section 510 of the but when combined with other component ered by this title, a biomaterials supplier Federal Food, Drug, and Cosmetic Act (21 parts and materials, constitutes an implant. may raise as a defense the exclusion from li- U.S.C. 360) and the regulations issued under (4) HARM.— ability set forth in section 205(a). such section; and (A) IN GENERAL.—The term ‘‘harm’’ (2) PROCEDURES.—Notwithstanding any (ii) included or should have included the means— other provision of law, the Federal or State implant on a list of devices filed with the (i) any injury to or damage suffered by an court in which a civil action covered by this Secretary pursuant to section 510(j) of such individual; title is pending shall, in connection with a Act (21 U.S.C. 360(j)) and the regulations (ii) any illness, disease, or death of that in- motion for dismissal or judgment based on a issued under such section; dividual resulting from that injury or dam- defense described in paragraph (1), use the (B) is the subject of a declaration issued by age; and procedures set forth in section 206. the Secretary pursuant to paragraph (3) that (iii) any loss to that individual or any (b) APPLICABILITY.— states that the supplier, with respect to the other individual resulting from that injury (1) IN GENERAL.—Except as provided in implant that allegedly caused harm to the or damage. paragraph (2), notwithstanding any other claimant, was required to— (B) EXCLUSION.—The term does not include provision of law, this title applies to any (i) register with the Secretary under sec- any commercial loss or loss of or damage to civil action brought by a claimant, whether tion 510 of such Act (21 U.S.C. 360), and the an implant. in a Federal or State court, against a manu- regulations issued under such section, but (5) IMPLANT.—The term ‘‘implant’’ means— facturer, seller, or biomaterials supplier, on failed to do so; or (A) a medical device that is intended by the basis of any legal theory, for harm alleg- (ii) include the implant on a list of devices the manufacturer of the device— edly caused by an implant. filed with the Secretary pursuant to section (i) to be placed into a surgically or natu- (2) EXCLUSION.—A civil action brought by a 510(j) of such Act (21 U.S.C. 360(j)) and the rally formed or existing cavity of the body purchaser of a medical device for use in pro- regulations issued under such section, but for a period of at least 30 days; or viding professional services against a manu- failed to do so; or (ii) to remain in contact with bodily fluids facturer, seller, or biomaterials supplier for (C) is related by common ownership or con- or internal human tissue through a sur- loss or damage to an implant or for commer- trol to a person meeting all the requirements gically produced opening for any period of cial loss to the purchaser— described in subparagraph (A) or (B), if the time, (A) shall not be considered an action that court deciding a motion to dismiss in accord- (B) suture materials used in implant proce- is subject to this title; and ance with section 206(c)(3)(B)(i) finds, on the dures; and (B) shall be governed by applicable com- basis of affidavits submitted in accordance (C) containers and their related products mercial or contract law. with section 206, that it is necessary to im- to be used to collect fluids or tissue from the (c) SCOPE OF PREEMPTION.— pose liability on the biomaterials supplier as body or to infuse or otherwise introduce (1) IN GENERAL.—This title supersedes any a manufacturer because the related manu- fluids or tissue into the body, in conjunction State law regarding recovery for harm facturer meeting the requirements of sub- with a medical device described in the above caused by an implant and any rule of proce- paragraph (A) or (B) lacks sufficient finan- subparagraph (A). dure applicable to a civil action to recover cial resources to satisfy any judgment that (6) MANUFACTURER.—The term ‘‘manufac- damages for such harm only to the extent the court feels it is likely to enter should the turer’’ means any person who, with respect that this title establishes a rule of law appli- claimant prevail. to an implant— cable to the recovery of such damages. (3) ADMINISTRATIVE PROCEDURES.— (A) is engaged in the manufacture, prepa- (2) APPLICABILITY OF OTHER LAWS.—Any (A) IN GENERAL.—The Secretary may issue ration, propagation, compounding, or proc- issue that arises under this title and that is a declaration described in paragraph (2)(B) essing (as defined in section 510(a)(1)) of the not governed by a rule of law applicable to on the motion of the Secretary or on peti- Federal Food, Drug, and Cosmetic Act (21 the recovery of damages described in para- tion by any person, after providing— U.S.C. 360(a)(1)) of the implant; and graph (1) shall be governed by applicable (i) notice to the affected persons; and (B) is required— Federal or State law. (ii) an opportunity for an informal hearing. (i) to register with the Secretary pursuant (d) STATUTORY CONSTRUCTION.—Nothing in (B) DOCKETING AND FINAL DECISION.—Imme- to section 510 of the Federal Food, Drug, and this title may be construed— diately upon receipt of a petition filed pursu- Cosmetic Act (21 U.S.C. 360) and the regula- (1) to affect any defense available to a de- ant to this paragraph, the Secretary shall tions issued under such section; and fendant under any other provisions of Fed- docket the petition. Not later than 120 days

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7604 CONGRESSIONAL RECORD — SENATE July 7, 1998 after the petition is filed, the Secretary shall (i) section 205(b), be considered to be a the grounds that the defendant is not a man- issue a final decision on the petition. manufacturer of the implant that is subject ufacturer subject to such section 205(b) or (C) APPLICABILITY OF STATUTE OF LIMITA- to such section; or seller subject to section 205(c), unless the TIONS.—Any applicable statute of limitations (ii) section 205(c), be considered to be a claimant submits a valid affidavit that dem- shall toll during the period during which a seller of the implant that allegedly caused onstrates that— claimant has filed a petition with the Sec- harm to the claimant; or (i) with respect to a motion to dismiss con- retary under this paragraph. (B)(i) the claimant has failed to establish, tending the defendant is not a manufacturer, (c) LIABILITY AS SELLER.—A biomaterials pursuant to section 205(d), that the supplier the defendant meets the applicable require- supplier may, to the extent required and per- furnished raw materials or component parts ments for liability as a manufacturer under mitted by any other applicable law, be liable in violation of contractual requirements or section 205(b); or as a seller for harm to a claimant caused by specifications; or (ii) with respect to a motion to dismiss an implant only if— (ii) the claimant has failed to comply with contending that the defendant is not a seller, (1) the biomaterials supplier— the procedural requirements of subsection the defendant meets the applicable require- (A) held title to the implant that allegedly (b). ments for liability as a seller under section caused harm to the claimant as a result of (b) MANUFACTURER OF IMPLANT SHALL BE 205(c). purchasing the implant after— NAMED A PARTY.—The claimant shall be re- (4) BASIS OF RULING ON MOTION TO DISMISS.— (i) the manufacture of the implant; and quired to name the manufacturer of the im- (A) IN GENERAL.—The court shall rule on a (ii) the entrance of the implant in the plant as a party to the action, unless— motion to dismiss filed under subsection (a) stream of commerce; and (1) the manufacturer is subject to service solely on the basis of the pleadings of the (B) subsequently resold the implant; or of process solely in a jurisdiction in which parties made pursuant to this section and the biomaterials supplier is not domiciled or (2) the biomaterials supplier is related by any affidavits submitted by the parties pur- subject to a service of process; or common ownership or control to a person suant to this section. (2) an action against the manufacturer is meeting all the requirements described in (B) MOTION FOR SUMMARY JUDGMENT.— Not- barred by applicable law or rule of practice. paragraph (1), if a court deciding a motion to withstanding any other provision of law, if (c) PROCEEDING ON MOTION TO DISMISS.— the court determines that the pleadings and dismiss in accordance with section The following rules shall apply to any pro- 206(c)(3)(B)(ii) finds, on the basis of affidavits ceeding on a motion to dismiss filed under affidavits made by parties pursuant to this submitted in accordance with section 206, this section: section raise genuine issues concerning material facts with respect to a motion con- that it is necessary to impose liability on (1) AFFIDAVITS RELATING TO LISTING AND cerning contractual requirements and speci- the biomaterials supplier as a seller because DECLARATIONS.— fications, the court may deem the motion to the related seller meeting the requirements (A) IN GENERAL.—The defendant in the ac- of paragraph (1) lacks sufficient financial re- tion may submit an affidavit demonstrating dismiss to be a motion for summary judg- sources to satisfy any judgment that the that the defendant has not included the im- ment made pursuant to subsection (d). UMMARY JUDGMENT.— court feels it is likely to enter should the plant on a list, if any, filed with the Sec- (d) S claimant prevail. retary pursuant to section 510(j) of the Fed- (1) IN GENERAL.— (d) LIABILITY FOR VIOLATING CONTRACTUAL eral Food, Drug, and Cosmetic Act (21 U.S.C. (A) BASIS FOR ENTRY OF JUDGMENT.—A bio- REQUIREMENTS OR SPECIFICATIONS.—A bio- 360(j)). materials supplier shall be entitled to entry of judgment without trial if the court finds materials supplier may, to the extent re- (B) RESPONSE TO MOTION TO DISMISS.—In required and permitted by any other applicable sponse to the motion to dismiss, the claim- there is no genuine issue concerning any ma- law, be liable for harm to a claimant caused ant may submit an affidavit demonstrating terial fact for each applicable element set by an implant, if the claimant in an action that— forth in paragraphs (1) and (2) of section shows, by a preponderance of the evidence, (i) the Secretary has, with respect to the 205(d). that— defendant and the implant that allegedly (B) ISSUES OF MATERIAL FACT.—With re- (1) the raw materials or component parts caused harm to the claimant, issued a dec- spect to a finding made under subparagraph delivered by the biomaterials supplier ei- laration pursuant to section 205(b)(2)(B); or (A), the court shall consider a genuine issue ther— (ii) the defendant who filed the motion to of material fact to exist only if the evidence (A) did not constitute the product de- dismiss is a seller of the implant who is lia- submitted by claimant would be sufficient to scribed in the contract between the biomate- ble under section 205(c). allow a reasonable jury to reach a verdict for rials supplier and the person who contracted (2) EFFECT OF MOTION TO DISMISS ON DIS- the claimant if the jury found the evidence for delivery of the product; or COVERY.— to be credible. (B) failed to meet any specifications that (A) IN GENERAL.—If a defendant files a mo- (2) DISCOVERY MADE PRIOR TO A RULING ON A were— tion to dismiss under paragraph (1) or (2) of MOTION FOR SUMMARY JUDGMENT.—If, under (i) accepted, pursuant to applicable law, by subsection (a), no discovery shall be per- applicable rules, the court permits discovery the biomaterials supplier; mitted in connection to the action that is prior to a ruling on a motion for summary (ii)(I) published by the biomaterials sup- the subject of the motion, other than dis- judgment made pursuant to this subsection, plier; covery necessary to determine a motion to such discovery shall be limited solely to es- (II) provided to the manufacturer by the dismiss for lack of jurisdiction, until such tablishing whether a genuine issue of mate- biomaterials supplier; or time as the court rules on the motion to dis- rial fact exists as to the applicable elements (III) contained in a master file that was miss in accordance with the affidavits sub- set forth in paragraphs (1) and (2) of section submitted by the biomaterials supplier to mitted by the parties in accordance with this 205(d). the Secretary and that is currently main- section. (3) DISCOVERY WITH RESPECT TO A BIOMATE- tained by the biomaterials supplier for pur- (B) DISCOVERY.—If a defendant files a mo- RIALS SUPPLIER.—A biomaterials supplier poses of premarket approval of medical de- tion to dismiss under subsection (a)(2)(B)(i) shall be subject to discovery in connection vices; or on the grounds that the biomaterials sup- with a motion seeking dismissal or summary (iii) included in the submissions for pur- plier did not furnish raw materials or compo- judgment on the basis of the inapplicability poses of premarket approval or review by the nent parts in violation of contractual re- of section 205(d) or the failure to establish Secretary under section 510, 513, 515, or 520 of quirements or specifications, the court may the applicable elements of section 205(d) the Federal Food, Drug, and Cosmetic Act permit discovery, as ordered by the court. solely to the extent permitted by the appli- (21 U.S.C. 360, 360c, 360e, or 360j), and received The discovery conducted pursuant to this cable Federal or State rules for discovery clearance from the Secretary if such speci- subparagraph shall be limited to issues that against nonparties. (e) STAY PENDING PETITION FOR DECLARA- fications were accepted, pursuant to applica- are directly relevant to— TION.—If a claimant has filed a petition for a ble law, by the biomaterials supplier; and (i) the pending motion to dismiss; or declaration pursuant to section 205(b)(3)(A) (2) such conduct was an actual and proxi- (ii) the jurisdiction of the court. with respect to a defendant, and the Sec- mate cause of the harm to the claimant. (3) AFFIDAVITS RELATING STATUS OF DE- retary has not issued a final decision on the SEC. 206. PROCEDURES FOR DISMISSAL OF CIVIL FENDANT.— petition, the court shall stay all proceedings ACTIONS AGAINST BIOMATERIALS (A) IN GENERAL.—Except as provided in with respect to that defendant until such SUPPLIERS. clauses (i) and (ii) of subparagraph (B), the time as the Secretary has issued a final deci- (a) MOTION TO DISMISS.—In any action that court shall consider a defendant to be a bio- sion on the petition. is subject to this title, a biomaterials sup- materials supplier who is not subject to an (f) DISMISSAL WITH PREJUDICE.—An order plier who is a defendant in such action may, action for harm to a claimant caused by an granting a motion to dismiss or for summary at any time during which a motion to dis- implant, other than an action relating to li- judgment pursuant to this section shall be miss may be filed under an applicable law, ability for a violation of contractual require- entered with prejudice, except insofar as the move to dismiss the action against it on the ments or specifications described in section moving defendant may be rejoined to the ac- grounds that— 205(d). tion as provided in section 207. (1) the defendant is a biomaterials sup- (B) RESPONSES TO MOTION TO DISMISS.—The (g) MANUFACTURER CONDUCT OF LITIGA- plier; and court shall grant a motion to dismiss any ac- TION.—The manufacturer of an implant that (2)(A) the defendant should not, for the tion that asserts liability of the defendant is the subject of an action covered under this purposes of— under subsection (b) or (c) of section 205 on title shall be permitted to conduct litigation

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7605 on any motion for summary judgment or dis- DEPARTMENT OF VETERANS AF- International Trade requests unani- missal filed by a biomaterials supplier who is FAIRS AND HOUSING AND URBAN mous consent to conduct a hearing on a defendant under this section on behalf of DEVELOPMENT, AND INDE- Tuesday, July 7, 1998, beginning at 10:00 such supplier if the manufacturer and any PENDENT AGENCIES APPROPRIA- a.m. in room 215 Dirksen. other defendant in such action enter into a valid and applicable contractual agreement TIONS ACT, 1999 The PRESIDING OFFICER. Without under which the manufacturer agrees to bear objection, it is so ordered. the cost of such litigation or to conduct such BROWNBACK AMENDMENT NO. 3065 SUBCOMMITTEE ON SOCIAL SECURITY AND litigation. (Ordered to lie on the table.) FAMILY POLICY SEC. 207. SUBSEQUENT IMPLEADER OF DIS- Mr. BROWNBACK submitted an Mr. GORTON. Mr. President, the Fi- MISSED DEFENDANT. amendment intended to be proposed by nance Committee Subcommittee on (a) IMPLEADING OF DISMISSED DEFENDANT.— him to the bill, S. 2168, supra; as fol- Social Security and Family Policy re- A court, upon motion by a manufacturer or lows: quests unanimous consent to conduct a a claimant within 90 days after entry of a On page 93, between lines 18 and 19, insert hearing on Tuesday, July 7, 1998, begin- final judgment in an action by the claimant the following: ning at 2:00 p.m. in room 215 Dirksen. against a manufacturer, and notwith- SEC. 423. USE OF STATE REVOLVING LOAN standing any otherwise applicable statute of FUNDS FOR MUNICIPALITIES FOR The PRESIDING OFFICER. Without limitations, may implead a biomaterials sup- DEVELOPMENT OF WATER SYSTEMS. objection, it is so ordered. plier who has been dismissed from the action Section 1452(a)(2) of the Safe Drinking pursuant to this title if— Water Act (42 U.S.C. 300j–12(a)(2)) is amended f (1) the manufacturer has made an asser- in the first sentence by striking ‘‘community water systems and nonprofit noncommunity tion, either in a motion or other pleading ADDITIONAL STATEMENTS filed with the court or in an opening or clos- water systems’’ and inserting ‘‘community ing statement at trial, or as part of a claim water systems, nonprofit noncommunity for contribution or indemnification, and the water systems, and municipalities for the de- court makes a finding based on the court’s velopment of such water systems’’. independent review of the evidence con- f TRIBUTE TO JENNY tained in the record of the action, that under AUTHORITY FOR COMMITTEES TO CHUASIRIPORN applicable law— MEET ∑ Ms. MIKULSKI. Mr. President, I rise (A) the negligence or intentionally today to pay tribute to an outstanding tortious conduct of the dismissed supplier COMMITTEE ON ENVIRONMENT AND PUBLIC was an actual and proximate cause of the WORKS young Maryland woman, Jenny harm to the claimant; and Mr. GORTON. Mr. President, I ask Chuasiriporn. Yesterday, Jenny, a 20- (B) the manufacturer’s liability for dam- unanimous consent that the full Com- year-old amateur golfer, placed second ages should be reduced in whole or in part mittee on Environment and Public in the U.S. Women’s Open following a because of such negligence or intentionally Works be granted permission to con- ‘‘sudden death’’ round with the ulti- tortious conduct; or duct a hearing Tuesday, July 7, 9:00 mate winner, Se Ri Pak. Although (2) the claimant has moved to implead the a.m., Hearing Room (SD–406) on the Jenny did not place first in the U.S. supplier and the court makes a finding based following wildlife legislation: S 2094, Women’s Open, she won a place in my on the court’s independent review of the evi- Fish and Wildlife Revenue Enhance- heart and in the hearts of many others. dence contained in the record of the action, ment Act of 1998; S. 361, Rhino and Jenny Chuasiriporn is a senior at that under applicable law— Tiger Product Labeling Act; H.R. 2807, (A) the negligence or intentionally Duke University and is from tortious conduct of the dismissed supplier Rhino and Tiger Product Labeling Act; Timonium, Maryland. Her pursuit of was an actual and proximate cause of the H.R. 3113, Rhinoceros and Tiger Con- excellence in golf is truly a family af- harm to the claimant; and servation Reauthorization Act of 1998; fair. Her 21-year-old brother, Joey, was S. 263, Bear Protection Act; S. 659, (B) the claimant is unlikely to be able to her caddy and coach. Her parents were Great Lakes Fish and Wildlife Restora- recover the full amount of its damages from also at the Blackwolf Run Golf Course the remaining defendants. tion Act of 1997; S. 2244, National Wild- in Wisconsin to cheer on their daugh- (b) STANDARD OF LIABILITY.—Notwith- life Refuge System Volunteer and Part- nership Enhancement Act of 1998; and ter, having closed up their family busi- standing any preliminary finding under sub- ness, the Bangkok Place restaurant on section (a), a biomaterials supplier who has S. 1970, the Neotropical Migratory Bird been impleaded into an action subject to this Conservation Act. York Road, to be with her. title, as provided for in this section— The PRESIDING OFFICER. Without Now, I will be the first to admit that (1) may, prior to entry of judgment on the objection, it is so ordered. I do not share much with Jenny in re- claim against it, supplement the record of COMMITTEE ON THE JUDICIARY gard to the quality of my golf game. the proceeding that was developed prior to Mr. GORTON. Mr. President, I ask My golf handicap is pretty close to the the grant of the motion for impleader under unanimous consent that the Com- height of the Washington Monument! subsection (a); and mittee on the Judiciary, be authorized But I do think I’m a pretty good (2) may be found liable to a manufacturer or a claimant only to the extent required to hold an executive business meeting putter. And I know from first hand ex- and permitted by any applicable Federal or during the session of the Senate on perience that the game of golf takes an State law other than this title in an action Tuesday, July 7, 1998, at 10:30 a.m., in extraordinary amount of concentration alleging harm caused by an implant. room 226, of the Senate Dirksen Office and consistency to drive down the fair- (c) DISCOVERY.—Nothing in this section Building. way, angle that chip shot, and putt shall give a claimant or any other party the The PRESIDING OFFICER. Without slowly and surely. Jenny has that great right to obtain discovery from a biomate- objection, it is so ordered. concentration and consistency. She is rials supplier defendant at any time prior to SUBCOMMITTEE ON ANTITRUST, BUSINESS and will be a great golfer. I, on the grant of a motion for impleader beyond that RIGHTS, AND COMPETITION other hand, will stick with the Senate! allowed under section 206. Mr. GORTON. Mr. President, I ask unanimous consent that the Sub- Jenny also exhibited strong endur- TITLE III—LIMITATIONS ON committee on Antitrust, Business ance. On Sunday, she hit a forty foot APPLICABILITY; EFFECTIVE DATE Rights, and Competition, of the Senate birdie putt that forced the tournament SEC. 301. FEDERAL CAUSE OF ACTION PRE- Judiciary Committee, be authorized to into a playoff round. After an 18-hole CLUDED. meet during the session of the Senate playoff round, the game was still tied The district courts of the United States on Tuesday, July 7, 1998 at 9:00 a.m. to between Jenny and Se Ri. Then the shall not have jurisdiction pursuant to this hold a hearing in room 342, Senate tournament went into what they call a Act based on section 1331 or 1337 of title 28, Dirksen Building, on: ‘‘Covergence and ‘‘sudden death’’ round. It was the first United States Code. Consolidation in the Entertainment sudden death round in the U.S. Wom- SEC. 302. EFFECTIVE DATE. and Information Industries: What Does en’s Open 53-year history. Finally, on the Future Hold?’’ the second hole of ‘‘sudden death’’, Se This Act shall apply with respect to any Ri Pak hit an 18-foot birdie to win the action commenced on or after the date of en- The PRESIDING OFFICER. Without actment of this Act without regard to objection, it is so ordered. tournament. But Jenny Chuasiriporn, whether the harm that is the subject of the SUBCOMMITTEE ON INTERNATIONAL TRADE the young Maryland amateur, had held action or the conduct that caused the harm Mr. GORTON. Mr. President, the Fi- on tight for five long days of golf and occurred before that date of enactment. nance Committee Subcommittee on can surely call herself a winner.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7606 CONGRESSIONAL RECORD — SENATE July 7, 1998 More and more Americans are turn- In conjunction with the distinguished Miller, Susan Cook, Angela Dages, ing to golf as a recreational sport. ranking member of the Subcommittee, Nicki Hoffman, Bill Hepner, Chuck Jenny Chuasiriporn’s game is not rec- Senator TOM HARKIN, our Sub- O’Toole, Dan Cifelle, Rose Shaffer, reational. Hers is a game of hard work. committee has taken the lead to in- Selina Frazier and Mary Seals.∑ Jenny and Se Ri went through weeds crease NIH funding from $11.3 billion in f and water trying to win the tour- FY95 to $11.9 billion in FY96 to $12.7 nament. That is not your typical Sat- billion in FY97 to $13.6 billion in FY98. TRIBUTE TO SHERRIE M. SUZUKI urday afternoon golf game. Jenny This year we are targeting an increase ∑ Mr. AKAKA. Mr. President, I rise played tough golf against seasoned proof $2 billion which will be difficult con- today to honor Sherrie M. Suzuki of fessionals for five days, on the tough sidering the Subcommittee’s other pri- Hawaii Baptist Academy in Hawaii for Blackwolf Run Golf Course in Wis- orities; but, I think, attainable. winning first place in the 11th Annual consin. That does not even count the I have long been convinced that our National Peace Essay state-level com- endless hours she put in at school and Federal budget of $1,700,000,000,000 petition. More than 5,000 participants home practicing for this day. She takes could provide sufficient funding for from various countries around the this game seriously and works hard at America’s needs if we establish our real world, including the United States and being the best. priorities. The real question is whether U.S. territories entered this contest. She went further in the 1998 U.S. we have enough doctors, hospitals, Each student wrote on issues con- Women’s Open than any other amateur medical personnel, etc. to take care of cerning war crimes and human rights in 30 years. No one has done what Americans in need of medical atten- violations in various international con- Jenny Chuasiriporn did in 30 years. tion. I am convinced that we do. The flicts. Once again Jenny, I pay tribute to your part which has yet to be accomplished Miss Suzuki’s essay entitled, achievement, and your amazing con- is to work out the financing for the de- ‘‘Cleansing the Wounds of War’’, sheds centration, endurance, and hard work. livery of such health care. As specified light on an ongoing issue concerning You make Maryland and our Nation in the legislation which I have intro- how war criminals should be brought proud.∑ duced, I am convinced that sufficient to justice. Her solution examines the f savings are possible within the current United Nations’ tribunal expected to be permanently implemented in 1998. She HEALTH CARE system to provide health care to all Americans within the current expendi- writes ‘‘an international tribunal is ∑ Mr. SPECTER. Mr. President, I am tures. one logical solution’’ to the problem of pleased to return to my Senate duties I return to the Senate today with re- making war criminals pay for their today after a relatively brief period of newed commitment that every Amer- atrocities. Her essay discusses the posi- convalescence following by-pass sur- ican should have the quality medical tive outcomes of the Nuremberg trials gery at Jefferson Medical College of care I had at Jefferson Medical College and the negative effects of Rwanda’s Thomas Jefferson University, one of of Thomas Jefferson University. In rec- mistakes. our nation’s great medical institutions. ognition of health care providers every- Mr. President, it is inspiring to wit- This experience has again led me to where in America, I consider it appro- ness the active role that young people marvel at our health care system and priate to identify, compliment and play in enhancing their understanding to make me more determined than ever thank members of the medical team about peace relations. Ms. Suzuki is to support federal funding for bio- which provided my superb medical care proof that young students today are medical research and to make health at Jefferson Medical College of Thomas getting more involved in activities care available to all Americans. Jefferson University: that address peacemaking issues. I am At Jefferson Medical College of Dr. Stephen McNulty, Dr. Michael proud that Ms. Suzuki has received Thomas Jefferson University, I was the Savage, Dr. Herbert Patrick, Dr. such a prestigious award. Her deter- beneficiary of outstanding hospital Beckie Michael, Dr. Geno Merli, Dr. mination to expand her knowledge of care and a superbly qualified medical Arnold Greenspon, Dr. A. J. DiMarino, peace and conflicts that arise in a team headed by renowned cardiologist, Dr. Rodney Bell, Dr. Phyllis changing global environment is admi- Dr. Howard Weitz and distinguished Flomemerg and the following nurses: rable. I ask my colleagues to join me in surgeons Dr. Richard Edie and Dr. Leslie Amme, Grace Baillargeon, Tara honoring a young woman of out- James Diehl. (Dr. Weitz has assisted ∑ Baldino, Jenna Briggs, Kathleen standing potential and achievement. me for many years going back to his Bryan–Donahue, Susan Burton, Joanne f student days when he volunteered for Cannon, Mary Cavanaugh, Stephanie my campaign for Mayor of Philadel- 25TH ANNIVERSARY OF THE NA- phia.) Cozzi, Danielle Delpais, Nancy Derivan, TIONAL COMMITTEE FOR EM- My concern about health care has Linda Dib, Pam Dioguardo, Tim Dunn, PLOYER SUPPORT OF THE long pre-dated my own personal bene- Diane Ellingsworth, Robin Estadt, GUARD AND RESERVE fits from the MRI and other diagnostic Marcia Gazdzinski, Debbie Granese, ∑ Mr. KEMPTHORNE. Mr. President, and curative procedures. My concern Karen Hartnett, Suzanne Henrick, today I wish to congratulate the Na- about health care began many years Kelly Hollenbach, Charles Huckel, Su- tional Committee for Employer Sup- ago and has been intensified by my zanne James-Harmon, Leonida Josue- port of the Guard and Reserve service on the Appropriations Sub- Peralta, Eileen C. Kelly, Eileen M. (NCESGR)—its 4,200 volunteers and committee on Labor, Health and Kelly, Matt Kuhar, Kate Kuhns, Tracey DoD staff —marking 25 years of service Human Services and Education which I Lee, Hermie Lichtman, Esther Loyola, to this Nation. now have the honor to chair. Debra Lynn-McHale, Ida Magee, Nancy The National Committee for Em- As the RECORD shows, I have intro- McCash, Dennis McFadden, Kathy ployer Support of the Guard and Re- duced and cosponsored legislation McGurk, Tricia McNichol, Mark Met- serve was established in 1972, the year going back to the 98th Congress de- ropole, Michelle Munday, Tim Peal, the United States ended the Selective signed to provide health care coverage Kellyanne Petrone, Don Rank, Tim Service System and established an all- to all Americans. Among my proposals Schultz, Margaret Shanks, Lori Smith, volunteer military force. The Depart- were the Health Care Cost Contain- Meg Smith, Valerie Winn, Mina ment of Defense realized that a loss of ment Act of 1983 (S. 2051), the Commu- Yasuoka, Nancy Masterson, Wil Crew, support from employers and community Based Disease Prevention and Jason McConomy, Colleen Schuh, Bill nities could be a roadblock to main- Health Promotion Projects Act of 1985 Nicholl, Jackie Robinson, Karen taining Reserve component member- (S. 1873), the Health Care Affordability Crisfulla, Elly Negron-Lopez, Pauline ship. NCESGR was created to obtain and Quality Improvement Act of 1992 Heater, Diane Falk, Terry Meehan, employer and community support for (S. 3176), the Comprehensive Health Dolly Kowal, Dan Zaborowski, Joyce the National Guard and Reserve and to Care Act of 1993 (S. 18), the Health Care McGrory, Kathy Peterson, Patty promote the role of Reserve forces in Assurance Acts of 1995 and 1997 (S. 18 Lynch, Rene Ekeland, Michelle the national defense. and S. 24), and the Healthy Children’s Hellstem, Barb Salapata, Kathy Byrne, NCESGR has lived up to that task Pilot Program Act of 1997. Erin Moran, Marlowe Macapagal, Cindy and accomplished much more. Since

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7607 1972, with the help of the Advertising following mobilization, ESGR com- manding Reserve fighter units in Lou- Council, Inc., NCESGR has benefited mittee members are there to provide isiana, Missouri and Texas. Ultimately, from more than $591 million in pro information and support services to he rose to command the more than bono advertising reaching the six mil- those in need. 70,000 member Air Force Reserve. lion employers with one or more em- The U.S. Congress passed the Uni- He is a highly-decorated Vietnam formed Services Employment and Re- ployees in the United States. veteran for his extraordinary aerial Employers have, in turn, signed employment Rights Act, (USERRA) of achievement and devotion to duty NCESGR Statements of Support, pub- 1994, and updated it in 1996. This law while assigned as an A–37 pilot with licly committing to support the Na- completely revised the Veterans Reem- the 604th Special Operations Squadron tional Guard and Reserve. The former ployment Rights Act of 1940. USERRA at Bien Hoa Air Base in South Viet- Chairman of the Board and CEO of articulates the rights and responsibil- nam. General Motors, Mr. James H. Roche ities of the Reservist with regard to job signed the first Statement of Support protection and explains employer General McIntosh separated from ac- in the Office of the Secretary of De- rights under federal law. NCESGR tive duty in August 1971 to join the air fense on December 13, 1972. The next helps employers and Reservists under- reserve technician program as a full- day, President Richard Nixon signed a stand this law and helps them infor- time civil service employee with active Statement of Support covering all Fed- mally resolve any employment con- participation as an Air Force reservist. eral civilian employees. Since the in- flicts that may arise. He is a command pilot with more than ception of this program, Presidents Mr. President, again, I want to con- 4,000 flying hours in the A–10, A–37, C– Ford, Carter, Reagan, Bush and Clinton gratulate NCESGR and its 54 ESGR 130 and F–4. His military awards in- have all signed Statements of Support, committees on their 25 years of service clude the Distinguished Service Medal; along with hundreds of thousands of and commend this network of over Legion of Merit; Distinguished Flying employers. To date, over 300,000 em- 4,200 volunteer patriots for their time Cross; Meritorious Service Medal with ployers have signed statements of sup- and talent. They are serving their oak leaf cluster; Air Medal with 18 oak port. country and maintaining the much leaf clusters; Air Force Commendation NCESGR offers Ombudsman services needed support of our employers and Medal with oak leaf cluster; and Viet- designed to provide information to em- communities for the Guard and Re- nam Service Medal with three service ployers and Reservists regarding their serve. Through the efforts of people stars. rights and responsibilities under the like Mr. Robert J. Cameron, the State Throughout his distinguished career, law and to resolve conflicts through in- Chair of the Great State of Idaho, we he has commanded an Air Force Re- formal mediation. This program is op- can call on our Reserve forces to an- serve wing, two Reserve numbered Air erated in cooperation with the Depart- swer our Nations call without the fear Forces, served as the vice commander ment of Labor, which is responsible for of job loss. Thank you Mr. President, of the Air Force Reserve, and his most conducting formal investigations. Hun- and thank you, NCESGR.∑ recent position as the chief of the Air dreds of thousands of hours and dollars f Force Reserve and commander of the are saved through the use of commu- TRIBUTE TO MAJOR GENERAL Air Force Reserve Command—a dual nity volunteers. hatted position. Mr. President, the National Com- ROBERT A. MCINTOSH mittee for Employer Support of the Na- ∑ Mr. CLELAND. Mr. President, today General McIntosh’s outstanding lead- tional Guard and Reserve is smart gov- I want to recognize Major General Rob- ership, sense of purpose and singular ernment in action. The small National ert A. McIntosh for his distinguished dedication to duty was crucial in the Committee staff in Washington, DC, service to our Nation. General continuing successful integration of under the direction of the Assistant McIntosh epitomizes our Air Force Re- the Air Force Reserve into the total Secretary of Defense for Reserve Af- serve citizen-airman. He has dem- Air Force, culminating in the Congres- fairs, provides guidance and support to onstrated exceptional leadership as sionally-directed activation of Air a network of 4,200 volunteer business, chief of Air Force Reserve, Head- Force Reserve Command as the serv- civic, and community leaders. quarters U.S. Air Force, Washington, ice’s ninth major command. These volunteers educate employers D.C., and commander, Air Force Re- Through initiatives he has sponsored, on their rights and obligations under serve, Robins Air Force Base, Georgia the Air Force Reserve has successfully the law and recognize employers who for the past three and a half years. entered new mission areas during his actively support employee participa- General McIntosh served as the prin- service as the chief of the Air Force tion in the National Guard and Re- cipal advisor to the Chief of Staff of Reserve, including the Reserve instruc- serve. Volunteers also educate mem- the Air Force and to the Secretary of tor pilot program; Space Command bers of the National Guard and Reserve the Air Force on all Air Force Reserve Group; Fighter Reserve Associate Test; regarding their rights and responsibil- matters. As commander of the Air Airborne Warning and Control System; ities and the value of employer sup- Force Reserve Command, he had over- and Combat Camera. port. Committees can be found in all 50 all responsibility for the command, In today’s environment of shrinking states, the District of Columbia, Puer- control, and supervision of all U.S. Air budgets, downsizing and the increased to Rico, the Virgin Islands, and Guam. Force Reserve units around the world. With the end of the Cold War, the Re- General McIntosh performed out- role the Reserve Component plays in serve components have been called standing service and exhibited excep- the national defense of our country, upon with increasing frequency. During tional commitment to the Air Force General McIntosh has provided us with the Gulf War in 1990–91, more than Reserve. His in-depth knowledge of Air a clear and concise view of the con- 250,000 Reserve component members Force and Reserve Component issues tributions and the versatility of our were called to active duty to support was a tremendous asset to the Congress citizen-airmen. In that regard, he has military operations in the Persian as we deliberated the major national provided us with a full spectrum of Air Gulf. Last year, National Guardsmen defense issues impacting both our Ac- Force Reserve issues which helped in and Reservists contributed nearly 13 tive and Reserve Forces. His insight our decision making process. million mandays in support of Active into Reserve issues was also instru- The United States is indebted to Gen- duty operations and exercises. mental in his well-deserved selection eral McIntosh for his many contribu- Mr. President, thousands of employ- to this new position as the Assistant on tions to this Nation. As his hallmark, ers, local and State government offi- Reserve Matters to the Chairman of he left a stronger Air Force Reserve. cials, Active and Reserve component the Joint Chiefs of Staff. We thank Bob and his wife, Susie, for leaders, and military members from Commissioned through the Reserve their selfless service to the men and across the Nation and around the world Officer Training Corps Program at women of the Air Force Reserve, and request NCESGRs employer support ex- Ohio University in 1966, General wish him the best in his new chal- pertise on a daily basis. When National McIntosh’s early training prepared him lenging position on the Joint Chiefs of Guardsmen and Reservists return home well for his later assignments com- Staff and their future endeavors.∑

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7608 CONGRESSIONAL RECORD — SENATE July 7, 1998 ANOKA POLICE DEPARTMENT JU- derstanding of the effect their actions versity and then at St. John’s Law VENILE JUSTICE ALTERNATIVE have on a victim and his or her family. School. POLICE ACCOUNTABILITY CON- More importantly, this program has It is a measure of how quickly he FERENCING PROGRAM demonstrated a proven record of suc- moved through life that he had to re- ∑ Mr. GRAMS. Mr. President, I rise cess since only a small number of those ceive special permission from Chief today to congratulate the City of who have entered the Anoka Police Ac- Justice Benjamin Nathan Cordoza of Anoka Police Department on its selec- countability Conferencing Program the New York Court of Appeals to take tion as a semifinalist in the 1998 Inno- have become repeat offenders. his bar exam in 1929, four years after vations in American Government The Anoka Police Department’s suc- arriving from Ireland and two years be- Awards competition. cess with this program has led many fore he could receive citizenship or be As my colleagues may know, Innova- agencies in Minnesota and throughout formally admitted to the bar. As the tions in American Government is con- the country to begin implementing younger brother of Tammany Hall fix- sidered one of the most prestigious similar programs. To its credit, Anoka ture (and future mayor) William public-service awards granted each Police have also educated and trained O’Dwyer, he might have easily become year in the United States. This awards officers from Arizona, Colorado, Cali- a successfully well-connected lawyer. program is sponsored by the Ford fornia, Iowa, Indiana, Minnesota and But that was simply not the way Paul Foundation, and administered by Har- North Carolina about the police confer- O’Dwyer chose to live his life. vard University’s John F. Kennedy encing program. Clearly, the City of ‘‘If I thought at the end of the year School of Government in partnership Anoka and its Police Department have that all I did was make a living, I’d re- with the Council for Excellence in Gov- demonstrated exceptional leadership in gard it as a pretty incomplete year’’, ernment. fulfilling a local government’s primary he once said of his rich life as an agita- Since 1986, Innovation awards have responsibility: to protect citizens from tor within the system. He must, on ret- been given to those programs and poli- crime and its debilitating effect on rospect, have had paying clients during cies that represent effective and inno- communities. his 67 years as an attorney, but they vative government initiatives. This Mr. President, I am pleased to have were hardly the reason every segment year, the City of Anoka Police Depart- shared the success of this innovative of New York City’s diverse political ment Juvenile Justice Alternative Po- program with my colleagues in the and ethnic spectrum joined in mourn- lice Accountability Conferencing Pro- Senate. I look forward to visiting this ing this remarkable individual. gram has been selected as a semi- program in the future, and learning New York City and our nation are in- finalist from among 1,400 applications more about similar initiatives in Min- spired by the quality of Paul O’Dwyer’s submitted by federal, state, county, nesota that will help to prevent crime example and enriched by the legacy of and city and town organizations. Later and keep our citizens safe.∑ his accomplishments. I ask to have this year, the number of semifinalists f printed in the CONGRESSIONAL RECORD will be narrowed to 25 finalists, ten of The New York Times’ report on Paul which will receive awards for $100,000 IN HONOR OF PAUL O’DWYER O’Dwyer’s funeral. from the Ford Foundation. The re- Mr. MOYNIHAN. Mr. President, on The report follows: maining 15 finalists will each receive Saturday, June 28, as Congress began [From the New York Times, June 28, 1998] $20,000. its most recent recess, New York City POLITICAL ELITE OUT IN FORCE TO MOURN At a time when juvenile crime is on bid a fond farewell to one of County DEMOCRAT O’DWYER the rise in my home state of Minnesota Mayo’s finest gifts to our city and na- [By Mike Allen] and across the country, I am pleased tion. New York’s political royalty packed an that the Anoka Police Department has Paul O’Dwyer, former New York City Upper West Side sanctuary yesterday for the been recognized for its unique and ef- Council President and champion of funeral Mass of Paul O’Dwyer, the gritty lib- fective efforts to address this impor- countless progressive causes, was a eral who once led the City Council. tant public safety issue in our commu- towering figure in our politics for well Mr. O’Dwyer, who died Tuesday, was re- nities. Initiatives such as those imple- membered for the crunch of his eyebrows and over half a century, playing a signifi- mented by the Anoka Police Depart- the splay of his glasses as he fought for cant role in such disparate movements ment will help to ensure that the causes as perpetual as Irish nationalism and as the efforts to create a United Ire- young first-time offenders of today do as fleeting as a strike by flight attendants. land and an independent State of Tomorrow, which would have been his 91st not become the career criminals of to- Israel, the American civil rights and birthday, his ashes are to be scattered at his morrow. birthplace, his family’s three-and-a-half-acre Through the leadership of Police peace movements and the New York City reform movement that remade the farmstead in County Mayo, in western Ire- Chief Andrew Revering, the Anoka Po- land. lice Department developed a program face of our city’s politics in the late The bagpipes and drums of the Police De- in 1994 to address the challenge of ris- 1950’s. partment’s Emerald Society led the cortege ing juvenile crime and the increasing From running guns to the Irgun in to Holy Trinity Roman Catholic Church, rate of repeat juvenile offenders. The 1947 to organizing black voters in Mis- stepping off to the anthem of Irish rebellion, Juvenile Justice Alternative Police Ac- sissippi in 1964, Paul O’Dwyer was on ‘‘A Nation Once Again.’’ the cutting edge of every major social Mayor Rudolph W. Giuliani sate with his countability Conferencing Program al- arms folded in a front pew. He was separated lows for specially trained police offi- and political issue that shaped our nation’s politics. He may have only won from the recent nemesis, Peter F. Vallone, cers to facilitate and supervise meet- the Council Speaker, by Barrie Robinson, the ings between first time offenders, so two of the dozen elections he contested Irish consul general. the offender can be held accountable in his long and colorful career, but his Frank Durkan, a nephew and law partner for his or her actions such as minor legacy lives on in the lives he touched of Mr. O’Dwyer, used his eulogy to reel off a theft, vandalism, assault or disorderly and the issues he championed. Paul list of public officials Mr. O’Dwyer had O’Dwyer and I were not always on the known and tormented. conduct. ‘‘Mayor Giuliani,’’ Mr. Durkan said, Under this program, the offender is same side of every issue. You could question his strategy or even his judge- ‘‘you’re lucky, in a way, that you’re not in required to admit guilt to the police, his line of fire at the moment.’’ The con- and with parental consent, he or she ment, but you could never question his gregation of 700, mostly Mr. O’Dwyer’s fellow takes part in a police accountability abiding integrity or his remarkable ca- Democrats, laughed and applauded. conference. The Police Accountability pacity to sustain passion about human In the homily, the Rev. Thomas P. Leon- Conferencing Program ensures victims dignity and equal justice. ard, Holy Trinity’s pastor, said Mr. of crime, offenders, and communities a Paul O’Dwyer was born on June 29, O’Dwyer’s style was ‘‘confrontation, with wit right to participate in the process of 1907 in the Irish village of Behola, the and sagacity.’’ Father Leonard told of a con- eleventh and last surviving child of versation he had overheard Thursday after- determining how to address the con- noon in the rectory between two friends who sequences which result from criminal Patrick and Bridget McNicholas were reading Mr. O’Dwyer’s obituary. behavior. O’Dwyer. He arrived on our shores in ‘‘One said, ‘Wasn’t he an anarchist?’’ Fa- Through interaction with police and 1925, working on the docks as he went ther Leonard said. ‘‘The other answered, ‘No, victims, offenders develop a greater un- to night classes, first at Fordham Uni- no, no! He was Irish.’ ’’

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7609 Percy E. Sutton, the former Manhattan major league baseball. They are Darin young people and community busi- Borough President, remembered Mr. Erstad of the Anaheim Angels and Rick nesses in the Metro Detroit area. More O’Dwyer’s flights to help Soviet Jews, and Helling of the Texas Rangers. A few than 16,000 young people are expected bus rides to help elect a black man in Ala- weeks ago, ESPN referred to Darin to take part in the daylong activities. bama. ‘‘You see,’’ Mr. Sutton said, ‘‘Paul O’Dwyer Erstad as ‘‘the all-star no one’s heard This event is significant in that com- was not just Irish. Paul O’Dwyer was Italian. of.’’ That will change after his intro- munity volunteers, from across Metro Paul O’Dwyer was Jewish. Paul O’Dwyer was duction tonight at the Major League Detroit, have come together to make a Greek. He was Polish. Paul O’Dwyer was also Baseball All-Star Game in Denver. Al- difference in young people’s lives. The African-American. In his involvement in the though baseball fans did not elect many organizers of this event have rec- causes that were not necessarily his, Paul Darin to the all-star team, the Amer- ognized the need for more youth activi- O’Dwyer was us.’’ ican League coaching staff recognized ties, emphasizing physical education Mr. Sutton concluded, ‘‘At that place, his brilliant play and named him as a and good sportsmanship in improving where he should finally rest, you can bet one thing: There’ll be an organizing of protests reserve. So far this season, the James- the lives of Metro Detroit Youth. It is there. Because that is the nature of Paul town, North Dakota, native is batting for this reason that they have spon- O’Dwyer.’’ .313, and his 115 hits ranks second in sored this wonderful program that has A niece, Joan O’Dwyer Savarese, invoked the American League. He currently grown more successful each year. the notion that at death, life plays back like leads his Angels’ teammates in home Over the course of the last 16 years, a movie. ‘‘Uncle Paul,’’ she said, ‘‘what a runs (18) and runs batted in (59). I am this event has garnered tremendous show you’re in for.’’ sure that few who watched him play as support from the people within the That show would have included boarding a youngster in North Dakota, or as a Metro Detroit community from both house life and night law school after immi- the private sector and from all levels of grating to Manhattan, defense of Irish Re- college player with the Nebraska publican Army members facing extradition, Cornhuskers, are surprised at his suc- government. This year over ninety or- registration of black voters in Mississippi, cess at the major league level. He is ganizations serve as co-sponsors. At marches against the Vietnam War, four los- clearly a disciplined, hard-working this time I would like to extend my ap- ing races for United States Senate, and elec- player, and his election to this year’s preciation and best wishes to Mr. Ed tion as Councilman at Large in Manhattan all-star team is well deserved. Deeb who has again chaired this event and City Council President. Rick Helling’s success in Texas this and brought it to new levels of success. His wife, Patricia, recalled a Board of Esti- summer has been no less spectacular. I wish all the children participating mate meeting when a fight broke out be- As a starting pitcher with the Rangers, and the sponsors tremendous success.∑ tween landlords and tenants (‘‘Odd, that,’’ she said to appreciative laughter), and Mr. the Devils Lake, North Dakota, native f finished the first half of the season O’Dwyer descended into the skirmish as IRAN MISSILE TECHNOLOGY peacemaker. She went on to say that her with an impressive record of 11 wins, 4 husband ‘‘is truly not dead.’’ losses, and an earned run average of ∑ Mrs. BOXER. Mr. President, I would ‘‘We have evidence of his physical pass- 4.40. Only two pitchers in the American like to express my serious concern ing,’’ Mrs. O’Dwyer said. ‘‘But that spirit and League have posted more wins this sea- about Iran’s continuing efforts to ob- that passion—it will stay alive if we all leave son. Unfortunately, Rick was not cho- tain missile technology. here today committed to making the lives of sen to the all-star squad. That is a It has been widely reported that Iran our fellow human beings better.’’ shame, but the rosters for the game are has produced chemical weapons and is At the service’s close, the white pall that actively pursuing the development of shrouded the coffin was replaced by the Irish limited and each year deserving play- flag. Friends, certain Mr. O’Dwyer would be ers are left out. Rick deserved to be on biological and nuclear weapons. When delighted to be wrapped in the tricolor, gave the team and his omission should not these deadly technologies are coupled a standing ovation as the casket passed by.∑ overshadow what has so far been an with advanced ballistic missiles, they f outstanding year. He is well on a pace become true weapons of mass destruc- to win 20 games, the benchmark all tion, posing a grave and direct threat TRIBUTE TO LAURIE DONOVAN starting major league pitchers strive to U.S. troops stationed in the Persian ∑ Mr. BOND. Mr. President, I rise for. I know he has the talent to do it Gulf are as well as our key ally in the today to pay tribute to one of Mis- and I wish him continued success. Middle East, the State of Israel. souri’s finest legislators, State Rep- Considering how few North Dakotans Iran’s quest to develop ballistic mis- resentative Laurie Donovan. She has have ever played in the major leagues, siles has been aided by several Russian served Missouri’s 74th District since my state is understandably proud that corporations, who have sold Iran key 1982, and done so with a combination of two of them are achieving such terrific technology and provided important conviction, compassion, and just plain success at the same time. But it is even technical support. Public reports indi- good humor. more fitting that Darin Erstad and cate that Iran is extremely close to de- There is no question that Laurie has Rick Helling are having breakthrough ploying advanced ballistic missiles. If been a maverick. She has marched to seasons this year. Those who follow we fail to take meaningful action her own drummer, voting only in ac- baseball know that the summer’s big- quickly, Iran could deploy chemical- cordance with her conscience. Laurie gest story has been the attempt by sev- tipped ballistic missiles within one has stood second to no one in her sup- eral players, most notably Mark year. port for early childhood education—a McGwire, Ken Griffey, Jr., and Sammy Congress reacted appropriately to topic upon which I share her intense Sosa, to break the single season record this threat by passing the Iran Missile interest. Her efforts on behalf of the for most home runs. That enduring Proliferation Sanctions Act in May by mentally ill likewise are the stuff of record of 61 home runs, which has stood a vote of 90–4. The bill would impose Missouri legislative legend. for nearly four decades, was set by the sanctions on individual companies—not It is clear that State Representative New York Yankees’ slugger Roger governments—that assist Iran in devel- Laurie Donovan’s retirement is a loss Maris. Roger Maris, I am very proud to oping ballistic missile technology. for every Missouri citizen. I join all say, was raised in Fargo, North Da- To its credit, the government of Rus- Missourians in wishing her well, and kota.∑ sia, after considerable prodding from thanking her for her many years of f the U.S. State Department, has taken dedicated service.∑ meaningful steps toward halting the 16TH ANNUAL METRO DETROIT f export of sensitive technology. Unfor- YOUTH DAY tunately, these measures alone are not NORTH DAKOTANS DARIN ERSTAD ∑ Mr. ABRAHAM. Mr. President, I rise sufficient to freeze the Iranian missile AND RICK HELLING today to recognize a special event that program. The Iran Missile Prolifera- ∑ Mr. CONRAD. Mr. President, I want will take place in the City of Detroit. tion Sanctions Act is needed. to call the Senate’s attention today to July 8, 1998 will mark the 16th Annual I regret the Administration’s deci- two young men from my state who are Metro Detroit Youth Day on Belle Isle sion to veto this important bill. I un- making their marks this year where in Detroit. This event is designed to derstand its view that the Executive few North Dakotans have before: in help improve relationships between Branch alone should attempt to resolve

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7610 CONGRESSIONAL RECORD — SENATE July 7, 1998 this issue. However, I believe the pro- surance companies can provide them The PRESIDING OFFICER. The liferation of weapons of mass destruc- with the access to care or quality of clerk will report. tion is an issue of such tremendous im- service they need. The legislative clerk read as follows: portance that legislation is warranted. Today I continue our series of stories A bill (S. 2271) to simplify and expedite ac- I hope the Majority Leader will describing how some managed care cess to the Federal courts for injured parties schedule a vote on the veto message plans seem to have put cost saving be- whose rights and privileges, secured by the soon, and I hope my colleagues will fore life-saving. The experience of Jac- United States Constitution, have been de- continue to show strong support for the queline Lee is just one more example of prived by final actions of Federal agencies, Iran Missile Proliferation Sanctions the pressing need for Congress to act or other government officials or entities act- ∑ ing under color of State law, and for other Act. now to protect the rights of patients. purposes. f Jacqueline Lee lives in Bethesda, Maryland. A lover of the outdoors, she Mr. SESSIONS. Mr. President, I ask TRIBUTE TO RICK METTS: 1998 took a trip to hike in the Shenandoah for its second reading, and I object to GREATER DERRY CHAMBER OF Mountains in the summer of 1996. my own request. COMMERCE ‘‘CITIZEN OF THE While walking on one of the trails, she The PRESIDING OFFICER. Objec- YEAR’’ lost her footing, and plummeted off of tion is heard. ∑ Mr. SMITH of New Hampshire. Mr. a 40-foot cliff to the ground below. f President, I rise today to congratulate Luckily for Jacqueline, she was MEASURES PLACED ON THE Rick Metts of Derry, New Hampshire, quickly airlifted from the mountain to CALENDAR—H.R. 2431 AND H.R. 3150 on being named the 1998 ‘‘Citizen of the a hospital in Virginia. Amazingly, she Year’’ by the Greater Derry Chamber survived the fall, sustaining fractures Mr. SESSIONS. Mr. President, I un- of Commerce. Rick has earned this in her arms, pelvis, and her skull. derstand that there are two bills at the very special honor as a result of his Incredibly, her HMO refused to pay desk that are due for their second read- many years of volunteer work for a va- the more than $10,000 in hospital bills. ing, and I ask that the first be read. riety of different organizations in the They said Ms. Lee had failed to gain The PRESIDING OFFICER. The City of Derry. ‘‘pre-authorization’’ for her emergency clerk will report. At the Derry Village Rotary Club, room visit. To this insurer, the fact The legislative clerk read as follows: Rick has been Sergeant at Arms for the that she was unconscious was no excep- A bill (H.R. 2431) to establish an Office of past seven years and has participated tion. For over a year, she challenged Religious Persecution Monitoring, to provide in every fundraiser, project and event her HMO and faced personal bank- for the imposition of sanctions against coun- the club has held. As a member of the ruptcy. Ultimately, the Maryland In- tries engaged in a pattern of religious persecution, and for other purposes. club’s Social Committee, Rick has surance Administration ordered the in- helped organize Pot-Luck suppers and surer to pay the hospital and fined Mr. SESSIONS. I object to further Yankee Swaps, and has served as the them as well for their initial refusal to proceedings on this matter at this Master of Ceremonies for Pictionary cover Ms. Lee’s medical expenses. time. I ask that the second bill be read. Games. Rick has also demonstrated his Yet her struggle wasn’t over. Within The PRESIDING OFFICER. The bill commitment to education, as he and a year, after follow-up surgery for her will be placed on the calendar. The his family have co-sponsored scholar- injuries, Ms. Lee found herself back in clerk will report. ships given to outstanding vocational the emergency room, fearing that she The legislative clerk read as follows: students. was suffering complications from sur- A bill (H.R. 3150) to amend title 11 of the In addition to his work at the Rotary gery. Not wanting to go through an- United States Code, and for other purposes. Club, Rick is also active in a number of other ordeal, this time she called her Mr. SESSIONS. Mr. President, I ob- other organizations in his community. HMO beforehand. They told her they ject to further proceedings on this mat- He is currently serving his second would pay only for her screening fees ter at this time as well. three-year term on the Derry School because the visit was not considered ‘‘a The PRESIDING OFFICER. The bill Board and has held the position of medical emergency.’’ will be placed on the calendar. Chair twice. Rick also has shown his Mr. President, we must take up and f true dedication to children through his pass meaningful patient protections work with the Boys & Girls Club of this year. We have a bill, S. 1890, that EXECUTIVE SESSION Greater Derry. For the past two years, would prevent situations like this from Rick has chaired the Club’s largest occurring. Under our bill, Jacqueline EXECUTIVE CALENDAR fundraiser, which features a gourmet Lee would have access to emergency dinner as well as both a silent and live care without preauthorization, and Mr. SESSIONS. Mr. President, I ask auction. He has also coached and ref- when she feels her life is in danger—not unanimous consent that the Senate ereed many basketball games for the when the insurance company tells her proceed to executive session to con- club and recreation teams. Rick has it’s okay. Under our bill, Jacqueline sider the following nomination on the also been a longtime member and sup- would have been covered for her inju- Executive Calendar: Calendar No. 495. porter of the Greater Derry Chamber of ries—she would not have had the rug I further ask unanimous consent that Commerce. pulled out from under her by the HMO. the nomination be confirmed; that the According to one of his close friends, We have only a few weeks of legisla- motion to reconsider be laid upon the Rick Metts ‘‘never has to be asked, he tive business left to act. Whatever we table; that the President be imme- always volunteers.’’ The many ways do will not alleviate the stress that diately notified of the Senate’s action; Rick has found to be involved in his Jacqueline Lee has endured, but we can and that the Senate then return to leg- community are a true testament to ensure that others do not have to spend islative session. that statement. Rick embodies that time fighting insurers that would be The PRESIDING OFFICER. Without great spirit of volunteerism that better spent fighting for their health. objection, it is so ordered. helped make this nation great. I want We must guarantee patients the peace The nomination considered and con- to again congratulate Rick Metts on of mind that comes with knowing that firmed is as follows: being named ‘‘Citizen of the Year’’ and their health plan will be there to help ENVIRONMENTAL PROTECTION AGENCY it is with great pride that I represent them recuperate, not deny payment be- Sallyanne Harper, of Virginia, to be Chief him in the United States Senate.∑ cause it improves their bottom line.∑ Financial Officer, Environmental Protection f f Agency. NEED FOR HMO REFORM MEASURE READ FOR THE FIRST f ∑ Mr. DORGAN. Mr. President, our TIME—S. 2271 LEGISLATIVE SESSION health care system is in a state of cri- Mr. SESSIONS. Mr. President, I send The PRESIDING OFFICER. Under sis—a crisis of confidence. Many Amer- to the desk a bill and ask that it be the previous order, the Senate will now icans no longer believe that their in- read for the first time. return to legislative session.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 7, 1998 CONGRESSIONAL RECORD — SENATE S7611 ORDERS FOR WEDNESDAY, JULY 7, HEALTH SERVICE COMMISSIONED CORPS SUBJECT TO CAPT. MAURICE B. HILL, JR., 0000 QUALIFICATIONS THEREFOR AS PROVIDED BY LAW AND CAPT. DURET S. SMITH, 0000 1998 REGULATIONS: CAPT. JAMES M. WALLEY, JR., 0000 CAPT. JERRY D. WEST, 0000 Mr. SESSIONS. Mr. President, I ask 1. FOR APPOINTMENT IN THE AIR FORCE unanimous consent that when the Sen- To be assistant surgeon THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARIE A. COFFEY DOROTHY A. JENSON ate completes its business today, it AS DIRECTOR OF ADMISSIONS, UNITED STATES AIR WILLIAM H. DUNN, JR. PAUL D. MAHER FORCE ACADEMY UNDER TITLE 10, U.S.C., SECTION stand in adjournment until 9:30 a.m. on DAVID R. GAHN ANN M. SMITH 9333(C): Wednesday, July 8. I further ask unani- JOHN M. HARDIN JOHN W. VANDERHOFF mous consent that when the Senate re- TANIA A. HURLBUTT JULIA C. WATKINS To be colonel convenes on Wednesday, immediately IN THE AIR FORCE HEDY C. PINKERTON, 0000 following the prayer, the routine re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- POINTMENT IN THE GRADES INDICATED IN THE UNITED quests through the morning hour be CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: granted and that the Senate then re- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be colonel sume consideration of the IRS reform To be lieutenant general WINSTON H. BLAKE, 0000 conference report. RICHARD G. GRIFFITH, 0000 The PRESIDING OFFICER. Without LT. GEN. JOHN W. HANDY, 0000 COURTNEY D. SCOTT, JR., 0000 objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MARK A. EDIGER, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION PHILIP M. SHUE, 0000 PROGRAM 601: IN THE NAVY To be lieutenant general Mr. SESSIONS. Mr. President, for THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LT. GEN. NICHOLAS B. KEHOE, III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY the information of all Senators, tomor- UNDER TITLE 10, U.S.C., SECTION 624: row morning the Senate will imme- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be commander CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE diately resume consideration of the PAUL S. WEBB, 0000 IRS reform conference report. It is ex- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant commander pected that there will be lengthy de- To be lieutenant general bate during Wednesday’s session on the WESLEY P. RITCHIE, 0000 conference report with a final vote oc- MAJ. GEN. MAXWELL C. BAILEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY curring by late afternoon. In addition UNDER TITLE 10, U.S., SECTION 624: to the conference report, the Senate THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be lieutenant commander may consider any other legislative or WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KEVIN J. BEDFORD, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: executive items that may be cleared IN THE AIR FORCE for action. Members are reminded that To be general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT a cloture motion was filed to the sub- LT. GEN. JOHN N. ABRAMS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED stitute amendment to the product li- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS IN THE UNITED STATES ARMY TO THE GRADE INDICATED 624 AND 531: ability bill, and, therefore, Senators WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND have until 1 p.m. on Wednesday to file RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be major first-degree amendments to the sub- To be lieutenant general JOHN J. ABBATIELLO, 0000 stitute. MAJ. GEN. DAVID H. OHLE, 0000 KENNETH F. ABEL, 0000 DAVID ABERCROMBIE, 0000 f THE FOLLOWING ARMY NATIONAL GUARD OF THE MARK A. ABRAMSON, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE MICHAEL T. ACOBA, 0000 ADJOURNMENT UNTIL 9:30 A.M. RESERVE OF THE ARMY TO THE GRADE INDICATED DONALD R. ADAMS, JR., 0000 TOMORROW UNDER TITLE 10, U.S.C., SECTION 12203: HERBERT P. ADAMS III, 0000 To be major general JORDAN C. ADAMS, 0000 Mr. SESSIONS. Mr. President, if DALE R. ADDINGTON, 0000 BRIG. GEN. EDWARD A. FERGUSON, JR., 0000 MICHAEL A. ADDISON, JR., 0000 there is no further business to come be- BRIG. GEN. PAUL J. GLAZAR, 0000 REX E. ADEE, 0000 fore the Senate, I now ask unanimous BRIG. GEN. JOHN R. GROVES, JR., 0000 KEVIN P. ADELSEN, 0000 BRIG. GEN. DAVID T. HARTLEY, 0000 DEAN J. ADKINS, 0000 consent that the Senate stand in ad- BRIG. GEN. LLOYD E. KRASE, 0000 ANDREW J. ADRIAN, 0000 journment under the previous order. BRIG. GEN. BENNETT C. LANDRENEAU, 0000 CARA A. AGHAJANIAN, 0000 BRIG. GEN. BENNY M. PAULINO, 0000 DAVID M. AGINS, 0000 There being no objection, the Senate, BRIG. GEN. JEAN A. ROMNEY, 0000 STEPHEN AHRENS, 0000 BRIG. GEN. ALLEN E. TACKETT, 0000 DERRICK A. AIKEN, 0000 at 8:27 p.m., adjourned until Wednes- ARCADIO ALANIZ, JR., 0000 day, July 7, 1998, at 9:30 a.m. To be brigadier general SUSAN R. ALANIZ, 0000 MARY E. ALDRIAN, 0000 f COL. RICHARD W. AVERITT, 0000 TERESA M. ALESCH, 0000 COL. DANIEL P. COFFEY, 0000 JAMES E. ALEXANDER, 0000 NOMINATIONS COL. HOWARD A. DILLON, JR., 0000 *RONALD W. ALEXANDER, JR., 0000 COL. BARRY A. GRIFFIN, 0000 MARTIN ALEXIS, 0000 Executive nominations received by COL. LARRY D. HAUB, 0000 RONNY G. ALFORD, 0000 COL. ROBERT J. HAYES, 0000 RODGER C. ALLEM, 0000 the Senate July 7, 1998: COL. LAWRENCE F. LAFRENZ, 0000 DIANE BREIVIK ALLEN, 0000 COL. VICTOR C. LANGFORD III, 0000 DEPARTMENT OF DEFENSE JAMES T. ALLEN, 0000 COL. THOMAS P. MANCINO, 0000 JARA N. ALLEN, 0000 CAROLYN H. BECRAFT, OF VIRGINIA, TO BE AN ASSIST- COL. DENNIS C. MERRILL, 0000 LANNIE G. ALLEN, 0000 ANT SECRETARY OF THE NAVY, VICE BERNARD DANIEL COL. WALTER A. PAULSON, 0000 JONAS C. ALLMAN, 0000 ROSTKER. COL. ROBLEY S. RIGDON, 0000 *GREGORY C. ANDERS, 0000 RUBY BUTLER DEMESME, OF VIRGINIA, TO BE AN AS- COL. KENNETH B. ROBINSON, 0000 ALBERT J. ANDERSON, 0000 SISTANT SECRETARY OF THE AIR FORCE, VICE RODNEY COL. ROY M. UMBARGER, 0000 BRUCE P. ANDERSON, 0000 A. COLEMAN, RESIGNED. COL. JIMMY R. WATSON, 0000 DAVID J. ANDERSON, 0000 COL. PAUL H. WIECK, 0000 DAVID T. ANDERSON, 0000 DEPARTMENT OF DEFENSE IN THE NAVY DEAN J. ANDERSON, 0000 PATRICK T. HENRY, OF VIRGINIA, TO BE AN ASSISTANT DONALD R. ANDERSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF THE ARMY, VICE SARA E. LISTER, RE- JEFFREY L. ANDERSON, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED SIGNED. JOEL D. ANDERSON, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN H. ANDERSON, 0000 DEPARTMENT OF STATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOHN T. ANDERSON, 0000 To be vice admiral JON K. ANDERSON, 0000 BERT T. EDWARDS, OF MARYLAND, TO BE CHIEF FINAN- KEVIN J. ANDERSON, 0000 CIAL OFFICER, DEPARTMENT OF STATE, VICE RICHARD REAR ADM. JOSEPH S. MOBLEY, 0000 THEODORE B. ANDERSON, 0000 L. GREENE, RESIGNED. THOMAS M. ANDERSON, 0000 JOSEPH H. MELROSE, JR., OF PENNSYLVANIA, A CA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY A. ANDERSON, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, IN THE UNITED STATES NAVY TO THE GRADE INDICATED TIMOTHY C. ANDERSON, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TIMOTHY J. ANDERSON, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TERENCE S. ANDRE, 0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF SI- To be vice admiral LINDA M. ANDRY, 0000 ERRA LEONE. MICHAEL J. ANGWIN, 0000 JOHN SHATTUCK, OF MASSACHUSETTS, TO BE AMBAS- REAR ADM. EDWARD MOORE, JR., 0000 *RICHARD J. ANTOLIK, JR., 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JOHN B. APOSTOLIDES, 0000 THE UNITED STATES OF AMERICA TO THE CZECH REPUB- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY M. APPLEGATE, 0000 LIC. IN THE UNITED STATES NAVAL RESERVE TO THE GRADE *JOSEPH E. ARCATE, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: PUBLIC HEALTH SERVICE GLEN E. ARCHER, 0000 To be rear admiral (lower half) RUTH A. ARCHER, 0000 THE FOLLOWING CANDIDATES FOR PERSONNEL AC- DEBORA A. ARCHULETA, 0000 TION IN THE REGULAR COMPONENT OF THE PUBLIC CAPT. JAMES S. ALLAN, 0000 KENNETH A. ARCOLEO, 0000

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CHARLES P. ARMENTROUT, 0000 JOHN A. BOLIN, 0000 MARK D CAMERER, 0000 JOHN N. ARMITSTEAD, 0000 BRADLEY J. BOLSTAD, 0000 DAVID P CAMIRE, 0000 BRENDA S. ARMSTRONG, 0000 RICHARD W. BOLTZ, 0000 ROBERT S CAMPBELL, 0000 DOUGLAS A. ARMSTRONG, 0000 MILDRED E. BONILLALUCIA, 0000 DAWN M CAMPBELLCURRIE, 0000 DIANE M. ARNOLD, 0000 BARBARA R. BONNER, 0000 BRADY W CANFIELD, 0000 MICHAEL J. ARNOLD, 0000 JOE B. BONORDEN, 0000 ARTHUR R CANNE, 0000 MARVIN A. AROSTEGUI, 0000 MARK D. BONTRAGER, 0000 JOHN J CAPOBIANCO, 0000 WILLIAM C. ARTHUR, 0000 AARON J. BOOHER, 0000 JOSEPH J CAPPELLO, JR, 0000 CHRISTINE H. ASHENFELTER, 0000 ALVIN L. BOONE, 0000 RONALD E CARDEN, 0000 JOHN M. ASKEW, 0000 *DAVID R. BOONE, 0000 MANUEL A CARDENAS, 0000 DANIEL H. ATCHLEY, 0000 KEITH P. BOONE, 0000 CARL C CARHUFF, 0000 KORVIN D. AUCH, 0000 DAVID M. BOOTS, 0000 PAUL J CARLIN, 0000 GREG H. AULD, 0000 MARK W. BORDEN, 0000 LEWIS H CARLISLE, 0000 KURT L. AUSTIN, 0000 STEVEN M. BORDEN, 0000 JOSEPH D CARLSON, 0000 MARK A. AUSTIN, 0000 THOMAS BOROWIEC, 0000 LISA A CARNEY, 0000 MARK A. AVERY, 0000 *ANDREW R. BOUCK, 0000 COLIN N CARR, 0000 DAVID S. BABYAK, 0000 SCOTT J. BOURGEOIS, 0000 JOHN E * CARR, 0000 STEVEN E. BACHELOR, 0000 MARK A. BOVA, 0000 MARY F CARR, 0000 DAVID M. BACHLER, 0000 DAVID M. BOWER, 0000 MICHAEL W CARRELL, 0000 KENNETH W. BACKES, 0000 DAVID E. BOYER, 0000 RUSSELL G CARRIKER, 0000 *MARK R. BACON, 0000 KEITH M. BOYER, 0000 PETER A CARRION, 0000 THOMAS N. BAILEY, 0000 PATRICK H. BOYKIN, 0000 DAVID A CARROLL, 0000 THOMAS N. BAILEY, 0000 *WILLIAM D. BRACKEN, 0000 JOHN M CARROLL, III, 0000 DAVID H. BAIRD, 0000 MARK T. BRADLEY, 0000 ORAN Y CARROLL, 0000 JAMES H. BAKER, 0000 MATTHEW C. BRAND, 0000 DAVID M CARTER, 0000 LYLE D. BAKER, 0000 RICHARD H. BRANNAN, JR., 0000 JR TED E CARTER, 0000 MATTHEW C. BAKER, 0000 JEFFREY G. BRANTING, 0000 SCOTT A CARTER, 0000 SCOTT W. BAKER, 0000 DUWAYNE E. BREDVIK, 0000 EDWARD V CASSIDY, 0000 CHRISTOPHER P. BAKKE, 0000 DAVID SCOTT BREED, 0000 DOUGLAS C CATO, JR, 0000 REGIS J. BALDAUFF, 0000 JOHN J. BREEDEN, 0000 MIKE S CAUDLE, 0000 JOHN J. BALKE, 0000 MACK L. BREELAND, 0000 PAUL M CAULWELL, 0000 *ROBERT W. BALLARD, 0000 CHARLES R. BRENNAN, 0000 SEAN M CAVANAUGH, 0000 RICHARD L. BALTES, 0000 *TAMELA JO BRESLER, 0000 PAUL E CAVE, 0000 MATTHEW W. BAMPTON, 0000 *RALPH J. BRESNAN, 0000 DANNY A CECIL, 0000 NEAL L. BANIK, 0000 TIMOTHY O. BRETT, 0000 JAMES M CENEY, 0000 BRENDAN EDWARD BANKOS, 0000 STEVEN G. BREWER, 0000 MARK D CERROW, 0000 DARWYN O. BANKS, 0000 *JOHN M. BRIGHT, 0000 JACK M * CESSNA, 0000 RONALD L. BANKS, 0000 LISA A. BRIGHT, 0000 WALTER S D CHAI, 0000 *WILLIAM J. BANKS, 0000 GUY J. BRILANDO, 0000 KENNETH M CHAISSON, 0000 GEORGE A. BARBER, JR., 0000 DONALD J. BRINKMAN, 0000 JAMES G CHAMBERS, 0000 CHRIS BARGERY, 0000 *DAROLD S. BRINLEY, 0000 ALBERT T. CHAMILLARD, 0000 DAVID R. BARKDULL, 0000 DOUGLAS J. BRISTOW, 0000 DAVID B. CHANDLER, 0000 BARRY K. BARKER, 0000 KEVIN A. BRITT, 0000 SHELLEY Z. CHANDLER, 0000 KAREN L. BARLOW, 0000 KENNETH W. BROCKMANN, 0000 STEVEN E. CHANDLER, 0000 *CLAYTON M. BARNARD, 0000 *SEAN C. BRODERICK, 0000 *JAMES E. CHAPMAN, 0000 THOMAS E. BARRETT III, 0000 DARYL T. BRONDUM, 0000 JOSEPH F. CHAPMAN, 0000 *WILLIAM M. BARRETT, 0000 JOHN P. BROOKER, 0000 GEORGE G. CHAPPEL, JR, 0000 BRADLEY D. BARTELS, 0000 KEVIN B. BROOKER, 0000 FREDERIC CHARLES, 0000 MARK N. BARTELT, 0000 GARY S. BROOKS, 0000 DENNIS L. CHARTRAW, 0000 GEORGE C. BARTH, 0000 KIM R. BROOKS, 0000 BRADY C. CHEEK, 0000 ALEXANDER R. BARTHE, 0000 HAROLD E. BROSOFSKY, 0000 EVANGELINE M. CHEEKS, 0000 PHILIP J. BARTON, 0000 BYRON K. BROUSSARD, 0000 JAMES A. CHERREY, 0000 ALAN J. BARYS, 0000 BENJAMIN B. BROWN, 0000 DARREN E. CHILDERS, 0000 STEVEN L. BASHAM, 0000 CRAIG E. BROWN, 0000 MICHAEL R. CHISHOLM, 0000 EDWARD J. BASNETT, 0000 CYNTHIA ANN THON BROWN, 0000 STANLEY F. CHMURA, JR, 0000 HARIDEV S. BASUDEV, 0000 DANIEL J. BROWN, 0000 WALTER C. CHRISTIE, JR, 0000 STEVEN P. BATES, 0000 EDWARD B. BROWN, JR., 0000 TIMOTHY C. CHUSTZ, 0000 *RONALD J. BATTERSBY, 0000 EDWARD R. BROWN, 0000 RICHARD A. CIARAMELLA, 0000 PAUL D. BAUER, 0000 ELIZABETH A. BROWN, 0000 EVELYN M. CIRCEO, 0000 *KENNETH J. BAUMER, 0000 ERIC D. BROWN, 0000 LEO D. CISSELL, 0000 *JAMES R. BAUMGARDNER, 0000 JEFFREY D. BROWN, 0000 CHARLES A. CIUZIO, 0000 PATRICK J. BAUMHOVER, 0000 JEFFREY G. BROWN, 0000 GREGORY W. CLARK, 0000 PAUL A. BAXTER, 0000 JEFFREY S. BROWN, 0000 MURRAY R. CLARK, 0000 *EDWIN S. BAYBA, 0000 KELLEY A. BROWN, 0000 *PATRICK J. CLARK, 0000 JOHN T. BAYNES, JR., 0000 *LAWRENCE E. BROWN, 0000 RANDALL J. CLARK, 0000 LONNY E. BEAL, 0000 MARK W BROWN, 0000 ROLAND D. CLARK, 0000 ALAN K. BEATY, 0000 MICHAEL D BROWN, 0000 JOSEPH L. CLAVIN, 0000 JOHN P. BEAUCHEMIN, 0000 RICHARD H BROWN, 0000 GREGORY S. CLAWSON, 0000 THOMAS BECHT, 0000 ROGER A * BROWN, 0000 TAMMY K. CLAY, 0000 JOHN P. BECK, 0000 SCOTT F BROWN, 0000 TIMOTHY R. CLAYTON, 0000 JAMES M. BECKER, 0000 STEPHEN E BROWN, 0000 PETER C. CLEMENT, 0000 DAVID T. BECKWITH, 0000 BRENTON L BROWNING, 0000 SCOTT R. CLEVERINGA, 0000 MARK BEDNAR, 0000 STEPHEN M BROWNING, 0000 ROBERT V. I. CLEWIS, 0000 JAMES M. BEEBE, 0000 JAY E BRUHL, 0000 JEFFREY C. CLIATT, 0000 DAVID B. BEEN, 0000 LAWRENCE A BRUNDIDGE, 0000 *ELIZABETH ANN COATES, 0000 THOMAS W. BEHNKE, 0000 MARTIN F BRUNNER, 0000 KENNETH E. COBURN, 0000 BRUCE C. BELCHER, 0000 ELSA S BRUNO, 0000 GEORGE A. COGGINS, 0000 JON A. BELIVEAU, 0000 JAMES W BRUNS, 0000 DAVID M. COHEN, 0000 *GARY W. BELL, 0000 SHAWN T BRYAN, 0000 DONALD R. COLBY, 0000 SANDRA J. BENEWAY, 0000 JOSEPH P BUBULKA, 0000 KERRI A. COLE, 0000 BARRY D. BENNETT, JR., 0000 SCOTT T BUCHANAN, 0000 ROBERT H. COLE, 0000 SCOTT N. BENSON, 0000 ALAN R BUCK, 0000 EDWARD J. COLEMAN, 0000 CLAY BENTON, 0000 DONALD R BUCKLEY, 0000 ROBERT M. COLEMAN, 0000 BRETT E. BERG, 0000 RONALD D BUCKLEY, 0000 MICHAEL L. COLLAT, 0000 CRAIG N. BERG, 0000 ERIC N BUECHELE, 0000 STEPHEN J. COLLINS, 0000 ZACHARY D. BERGAZIN, 0000 CARL A BUHLER, 0000 *JOSE E. COLON, 0000 *MITCH L. BERGER, 0000 ROBERT D BUNCH, 0000 JEFFREY R. COLPITTS, 0000 WILLIE A. BERGES, 0000 SHERRY M BUNCH, 0000 KEVIN E. COLYOTT, 0000 RODNEY K. BERK, 0000 RICHARD L BURCHFIELD, 0000 DANNY D. COMEAU, 0000 BRENDA K. BERNAL, 0000 JON R BURGOYNE, 0000 STEPHEN P. COMEAUX, 0000 MICHAEL C. BERNERT, 0000 CHRISTOPHER G BURKE, 0000 MONICA K. CONCHOLAR, 0000 HARRY A. BERRY, 0000 RANDALL D BURKE, 0000 THOMAS J. CONNARE, 0000 JAMES B. BERRY, 0000 ALAN BURKET, 0000 JOSEPH P. CONNELL, 0000 LAURA W. BERRY, 0000 STEPHEN J * BURLING, 0000 DAVID M. CONNER, 0000 WILLIAM A. BERRY, 0000 ROLANDA BURNETT, 0000 KIMERLEE L. CONNER, 0000 JOSEPH J. BERTE III, 0000 JOHN P BURNS, 0000 LYNN F. CONNETT, 0000 JOHN C. BERTHA, 0000 DAVID M BURRIS, 0000 MARK S. CONNOLLY, 0000 PATRICK D. BERTLSHOFER, 0000 MICHAEL R BURTON, 0000 EDWARD P. CONROY, 0000 DAVID ALLEN BETHANY, 0000 JOHN M BUSCH, 0000 RICHARD H. CONVERSE, 0000 MICHAEL P. BETTNER, 0000 WILLIAM C BUSCH, 0000 *KATHLEEN A. COOK, 0000 *ERNEST W. BIE, JR., 0000 DAVID S BUSENITZ, 0000 JACK R. COOLEY, 0000 JOHN D. BIEGGER, 0000 MITCHEL H BUTIKOFER, 0000 MARY M. COOLEY, 0000 JOHN D. BIRD II, 0000 LEWIS E * BUTLER, 0000 JAMES M. COON, 0000 LINDA L. L. BIRGE, 0000 RHETT L BUTLER, 0000 *TIMOTHY COONS, 0000 MICHAEL R. BIRGENHEIR, 0000 ARTURO M BUXO, 0000 CRAIG A. COOPER, 0000 DANIEL J. BIRRENKOTT, 0000 COREY T * BYRD, 0000 DANE S. COOPER, 0000 BRUCE A. BLACK, 0000 STEPHEN J BYRNES, 0000 GARY L. COOPER, II, 0000 STEVEN E. BLACK, 0000 WILLIAM B CADE, III, 0000 MICHAEL J. COOPER, 0000 *ROBERT B. BLANKE, 0000 DEBORAH A CAFARELLI, 0000 HERBERT L. CORK, III, 0000 DAVID P. BLANKS, 0000 DAVID A * CAFFEE, 0000 KAREN M. CORRENTE, 0000 DAVID W. BLIESNER, 0000 JOSEPH H CAGLE, 0000 BRIAN M. CORRY, 0000 PETER J. BLOOM, 0000 SCOTT E CAINE, 0000 JANELLE E. COSTA, 0000 ROBERT S. BLUE, 0000 DEAN C CALDWELL, 0000 ROBERT COSTA, 0000 THOMAS W. BLUHM, 0000 KATHLEEN D CALLAHAN, 0000 DANIEL S. COSTELLO, JR, 0000 ALAN L. BLUMHAGEN, 0000 PAUL M CALTAGIRONE, 0000 RICHARD M. COTMAN, 0000 ERIC A. BOE, 0000 ELIZABETH CALVANOCARPENTER, 0000 JOHN E. COULAHAN, JR, 0000 ROBERT BOLHA, 0000 WALTER E CALVO, 0000 RONALD C. COURNOYER, 0000

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SHANE P. COURVILLE, 0000 JOSEPH S. DOMBROWSKI, 0000 ERIC C. FIRKIN, 0000 RICHARD A. COVENO, 0000 JAMES M. DONNELLY, 0000 BRADLEY J. FISHEL, 0000 JEFFREY L. COWAN, 0000 RICHARD E. DONNELLY, 0000 JOHN A. FISHER, 0000 STEVEN A. COWLES, 0000 JIMMY D. DONOHUE, 0000 TYRON FISHER, 0000 KAREN L. COX, 0000 PAMELA S. DONOVAN, 0000 WAYNE A. FISHER, 0000 KEITH M. COX, 0000 STUART L. DORNFELD, 0000 *WILLIAM D. FISHER, 0000 RICHARD K. COX, 0000 THOMAS R. DOSTER, 0000 NATHAN A. FITE, 0000 KENNETH B. CRAIB, JR, 0000 PAUL T. DOUBLE, 0000 PHILIP R. FITTANTE, 0000 KEVIN L. CRAIG, 0000 ANTONIO T. DOUGLAS, 0000 BRIAN W. FITZGERALD, 0000 PATRICIA M. CRAIG, 0000 ROBERT A. DOUGLAS, 0000 FREDRIC S. FITZSIMMONS, 0000 GEORGE S. CRAWFORD, 0000 JOHN C. DOWD, 0000 PETER G. FITZSIMMONS, 0000 *MICHAEL W. CRAWFORD, 0000 CONSTANCE A. DOWLER, 0000 TIMOTHY C. FLACH, 0000 BRET A. CRENWELGE, 0000 DEBORAH A. DOWNES, 0000 ROBERT P. FLEISHAUER, 0000 JONATHAN A. CRERIE, 0000 ARTHUR L. DOZIER IV, 0000 MARGARET N. FLEMING, 0000 RORY C. CREWS, 0000 JAMES K. DRAKE, 0000 KEITH W. FLETCHER, 0000 ROBERT B. CRONE, 0000 JOHN P. DREHER, 0000 JOHN D. FLINT, 0000 DANIEL J. CROSSLEY, 0000 WILLIAM D. DRIES, JR., 0000 JAMES A. FLORENCE, 0000 FRANCIS M. CROTTY, 0000 DANIEL A. DRISCOLL, 0000 *THOMAS A. FLORING, 0000 RICHARD T. CROUCH, 0000 MERVIN C. DRISKELL, 0000 JEFFREY J. FLORY, 0000 JEFFREY L. CROW, 0000 VINCENT A. DRODDY, 0000 BERNARD FLOWERS, 0000 JAMES W. CROWHURST, 0000 JOHN F. DROHAN, 0000 MARK T. FLYNN, 0000 MICHAEL E. CROWLEY, 0000 DONALD F. DUBOIS, 0000 GREGORY M. FOLCIK, 0000 MICHAEL J. CRUPE, 0000 WAYNE F. DUBOSE, 0000 MICHAEL J. FOLKERTS, 0000 *DALERICK R. CRUVER, 0000 FRANCIS A. DUCHARME III, 0000 PAUL E. FOLLETT, 0000 STEVEN R. CSABAI, 0000 KENNETH E. DUCK, 0000 RIVERA JOSE M. FONSECA, 0000 EARL F. CULEK, 0000 JR DONALD P. DUCKETT, 0000 NEAL D. FONTANA, 0000 CHARLES J. CUNNINGHAM, 0000 MAHENDER DUDANI, 0000 KEITH K. FORMAN, 0000 BRYAN J. CURRIER, 0000 JOSEPH L. DUDGEON, 0000 ERIC S. FORREST, 0000 HARMON H. CURRY, JR., 0000 JAMES R. DUDLEY, 0000 CHRISTOPHER E. FORSETH, 0000 JAMES J. CURTIS, 0000 BRIAN K. DUFFEK, 0000 ROGER L. FORSYTHE, 0000 *DAVID W. CZZOWITZ, 0000 VALERIE LYNN DUFFY, 0000 JOHN A. FORTE, JR, 0000 KIMBERLY E. DAEGER, 0000 STERLING K. DUGGER, 0000 JOSEPH C. FORTNEY, 0000 DANNY P. DAGHER, 0000 ROBERT T. DUNCAN, 0000 MYRON K. FORTSON, 0000 DAVID H. DAHL, 0000 ANDREW G. DUNNAM, 0000 LAURENT J. FOX, 0000 MILES D. DAHLBY, 0000 THERESE C. DUNPHY, 0000 SCOTT M. FOX, 0000 KEITH A. DAHLGREN, 0000 DAVID DUQUE, 0000 PAUL R. FRANCIS, 0000 PETER J. DAHLIN, 0000 ERIN B. DURHAM, 0000 MARK E. FRANCK, 0000 KEVIN S. DAILEY, 0000 PHILLIP T. DUROCHER, 0000 MICHAEL A. FRANCKOWIAK, 0000 STEPHEN M. DALE, 0000 THOMAS G. DUSEK, 0000 MICHAEL R. FRANKEL, 0000 JOHN V. DALLIN, 0000 STEVEN A. DUTKUS, SR., 0000 CEPHAS L. FRANKLIN, 0000 STEVEN D. DAMANDA, 0000 DUNCAN A. DVERSDALL, 0000 BERNADETTE I. FRASER, 0000 PETER DAMICO, 0000 MICHAEL J. DWYER, 0000 DARREN A. FRASER, 0000 THOMAS E. DANEK, JR., 0000 * RICHARD B. EAGIN, 0000 ALEXANDER A. FREDERICK, 0000 GARY R. DANIELSON, 0000 DAVID B. EASLEY, 0000 GERALD A. FREDERICK, JR, 0000 WILLIAM B. DANSKINE, 0000 JAMES DAVID EATON III, 0000 TODD M. FREECE, 0000 ELISA L. DANTONIO, 0000 MICHAEL R. EATON, 0000 RAY A. FREEDLINE, 0000 LAUREN E. DARE, 0000 STANLEY D. EBNER, 0000 PHILIP B. FREELS, 0000 MICHAEL J. DARGENIO, 0000 JUAN C. ECHEVERRY, 0000 THOMAS H. FREEMAN, 0000 CHARLES W. DARNELL, JR., 0000 JAMES K. ECK, 0000 JONATHAN FRENCH, 0000 TODD S. DART, 0000 BRIAN K. ECKERSON, 0000 CHRIS T. FROEHLICH, 0000 STEPHEN M. DASILVA, 0000 STEVEN B. EDINGTON, 0000 JAMES A. FROM, 0000 KEITH R. DASTUR, 0000 JAMES E. EDMONDS, 0000 FRANCIS X. FRONCEK, 0000 *BARBARA D. DAUERTY, 0000 GLORIA J. EDWARDS, 0000 *JEFFREY L. FRYE, 0000 *MICHAEL H. DAUSEL, 0000 PHILLIP T. EDWARDS, 0000 BRYAN A. KEA FUJIMOTO, 0000 TAYLOR ANDREW A. DAVIDSON, 0000 MICHAEL E. EFFERSON, 0000 LISA J. FULCHER, 0000 MARTINEZ KELLIE L. DAVILA, 0000 BRAD R. EGGINTON, 0000 WALTER J. FULDA, 0000 BRADFORD C. DAVIS, 0000 ROBERT S. EHLERS, JR., 0000 HOLLY M. FUNK, 0000 DANIEL W. DAVIS, 0000 DAVID G. EHRHARD, 0000 STACY A.K. FURCINI, 0000 HOWARD C. DAVIS, 0000 TIMOTHY A. EICHHORN, 0000 *KENNETH A. FURMAN, 0000 JAMES A. DAVIS, 0000 MARK H. EICHIN, 0000 DOUGLAS A. FURST, 0000 JAMES E. DAVIS, 0000 JOHN T. EICHNER, 0000 ARNOLD FUST, 0000 KATHY B. DAVIS, 0000 BRAXTON R. EISEL, 0000 SARAH R. FUTTERMAN, 0000 KENNETH R. DAVIS, 0000 LINDA L. EISEL, 0000 GREGORY S. GADDIS, 0000 MICHEAL D. DAVIS, 0000 GOLDA T. ELDRIDGE, JR., 0000 ELLEN A. GALLAGHER, 0000 REGINALD F. DAVIS, 0000 ERIK H. ELIEL, 0000 JOHN D. GALLOWAY, 0000 *RICKY A. DAVIS, 0000 GEOFFREY S. ELLAZAR, JR., 0000 ROY D. GARCIA, 0000 ROBERT D. DAVIS, 0000 RAYMOND A. ELLIOTT, 0000 ROD R. GARD, 0000 ROBERT R. DAVIS, 0000 WILLIAM A. ELLIS, 0000 *PAUL R. GARDETTO, 0000 MICHAEL T. DAVISON, 0000 CARSON A. ELMORE, 0000 THEODORE E. GARDINER, 0000 *DENNIS R. DAVOREN, 0000 KIRK E. EMIG, 0000 KEVIN L. GARDNER, 0000 MARK A. DAWSON, 0000 * TODD W. ENDERSON, 0000 PETER M. GARDZINA, 0000 ROBERT A. DAWSON, 0000 LEE D. ENEMARK, 0000 STEVEN D. GARLAND, 0000 AMY L. DAYTON, 0000 * PETER A. ENGELMANN, 0000 CHRISTOPHER A. GARRETT, 0000 DANIEL R. DEBREE, 0000 SCOTT A. ENOLD, 0000 DAVID S. GARRETT, 0000 KEVIN G. DECKARD, 0000 SCOTT B. ENRIGHT, 0000 JAMES A. GARRETT, 0000 DOUGLAS D. DECKER, 0000 MICHAEL A. EOVINE, 0000 MICHAEL T. GARRICK, 0000 SCOTT E. DECKER, 0000 JERI A. ERGINKARA, 0000 STEPHEN A. GARSTKA, 0000 JOHN C. DEEMS, 0000 MARK A. ERICKSON, 0000 STEPHANIE A. GASS, 0000 FREDERICK DEFRANZA, 0000 SCOTT J. ERICKSON, 0000 JAMES P. GATES, 0000 DIANE S. DEGEER, 0000 BLAINE E. ESCOE, 0000 KENNETH E. GATES, 0000 MONTGOMERY C. DEIHL, 0000 JERRY ESQUENAZI, 0000 WILLIAM B. GAUTIER, 0000 BRADEN P. DELAUDER, 0000 RICHARD E. ESS, 0000 DAVID A. GEESEY, 0000 JOHN C. DELBARGA, 0000 ROBERT P. ESSAD, 0000 PAUL A. GEHRED, 0000 *RICHARD B. DELEON, 0000 *ROBERT E. EUBANKS, 0000 ANDREW J. GENCO, 0000 MARK D. DELONG, 0000 DAVID P. EVANS, 0000 ADAM C. GEORGE, 0000 NICHOLAS J. DEMARCO, 0000 MATTHEW E. EVANS, 0000 CEDRIC D. GEORGE, 0000 WILLIAM C. DEMASO, 0000 TODD R. EVANS, 0000 DAVID L. GEORGE, 0000 BYRON G. DEMBY, 0000 JOSEPH L. EVERSOLE, 0000 LAURA J. GEORGE, 0000 KENNETH M. DEMKOWICZ, 0000 JONATHAN E. FAIR, 0000 BASIL D. GEORGIADIS, 0000 CHARLES E. DENMARK, 0000 ROBERT S. FANEUFF, 0000 SCOTT C. GERICKE, 0000 JOSEPH B. DENNIS, 0000 JOYCE D. FARAH, 0000 DANIEL W. GERNERT, 0000 *KENNETH A. DENNISON, 0000 PAUL M. FARKAS, 0000 PETER E. GERSTEN, 0000 RICHARD M. DENTON, 0000 THOMAS R. FARLEIGH, 0000 MICHAEL J. GEYSER, 0000 WAYNE M. DESCHENEAU, 0000 RICHARD W. FARNUM, 0000 DARREN P. GIBBS, 0000 ERNEST J. DESIMONE, 0000 DAVID L. FARR, 0000 DAVID J. GIBSON, 0000 ROBERT A. DESTASIO, 0000 TIMOTHY A. FARRELL, 0000 THOMAS L. GIBSON, 0000 DOUGLAS M. DEUITCH, 0000 WILLIAM E. FARRELL, 0000 ALEXANDER V. GICZY, 0000 MICHELE A. DEWERTH, 0000 JEFFREY E. FASON, 0000 BERNARD L. 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GOFF, 0000 WAYNE S. DOCKERY, 0000 VINCENT L. FILIPKOWSKI, 0000 ANDREW L. GOGAN, 0000 PETER A. DODGE, SR., 0000 EDWARD M. FINCKE, 0000 JAMES P. GOLDEN, 0000 CARRIE M. V. DODSON, 0000 CHRISTOPHER E. FINDALL, 0000 MACE CLARK GOLDEN, 0000 PATRICK J. DOHERTY, 0000 MERRILL P. FINK, 0000 GARY P. GOLDSTONE, 0000 MICHAEL J. DOLAN, 0000 *CHARLES E. FIQUETT, 0000 TERRY L. GOODRICH, 0000

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DANIEL B. GORDON, 0000 *MARION HEARD, 0000 CONNIE C. HUTCHINSON, 0000 ELAN M. GORDON, 0000 BRADLEY L. HEBING, 0000 KENNETH F. HUTCHISON, 0000 JAMES A. GORDON, 0000 ANDREW G. HECHT, 0000 ROBERT D. HYDE, 0000 MITCHELL R. GORDON, 0000 JAMES B. HECKER, 0000 EDWARD L. ICENHOUR, 0000 JOHN C. GORLA, JR., 0000 MARK E. HEDGEPETH, 0000 HIROSHI N. IKEDA, 0000 GREGORY S. GORSKI, 0000 PHILLIP R. HEFNER, 0000 MICHAEL T. IMBUS, 0000 TODD W. GOSSETT, 0000 DARIN S. HELGESON, 0000 KENNETH J. IMPERIAL, SR., 0000 GARY J. GOTTSCHALL, 0000 BRENT A. HELMICK, 0000 GARY K. INGHAM, 0000 DAVID C. GOULD II, 0000 BRIAN D. HENDERSHOT, 0000 ALLEN B. INGLE, 0000 KEITH A. GRAHAM, 0000 *JOSEPH W. HENDERSON, 0000 ALAN J. IOSSI, 0000 WILLIAM V. GRAHAM, 0000 BRENT S. HENDRICKS, 0000 *PARLEY V. IPSON, 0000 DEBRA J. GRAVELLE, 0000 STEVEN F. HENDRICKSON, 0000 JON C. IVERSON, 0000 TIMOTHY G. GRAVELLE, 0000 *COLIE T. HENKEL, 0000 HERBERT E. JACKSON, JR., 0000 PETER R. GRAVES, 0000 SUZANN HENSLEY, 0000 JACQUELINE R. JACKSON, 0000 ROBERT S. GRAVES, 0000 THOMAS A. HENWOOD, 0000 THOMAS E. JACKSON, 0000 MICHAEL J. GRECO, 0000 JEFFREY A. HERD, 0000 TRACY E. JACKSON, 0000 PHILIP T. GRECO, 0000 STEVEN W. HERMAN, 0000 YOLANDA JACKSON, 0000 FORREST G. GREEN, 0000 AILEEN E. HERMANN, 0000 RODNEY F. GREEN, 0000 BRIAN G. HERMANN, 0000 DOUGLAS J. JAMES, 0000 KIMBERLY K. L. GREENE, 0000 TODD R. HERMLING, 0000 SCOTT E. JAMES, 0000 DANIEL A. GREENWOOD, 0000 GUSTAVO A. HERNANDEZ, 0000 MARC S. JAMISON, 0000 *BRIAN J. GREER, 0000 DAN D. HEROD, 0000 STEVEN J. JANECZKO, 0000 FREDERICK D. GREGORY, JR., 0000 SEAN R. HERR, 0000 STEPHEN I.R. JANKELSON, 0000 SANDRA M. GREGORY, 0000 CARY A. HERRERA, 0000 SHAWN J. JANSEN, 0000 GORDON C. GRIFFIN, 0000 MARGARET A. HERRING, 0000 *CLARENCE E. JANSON, 0000 DANIEL T. GRILLONE, 0000 TIMOTHY L. HERSHBERGER, 0000 DOUGLAS L. JANTZEN, 0000 DARRELL S. GRISE, 0000 JEFFREY M. HESS, 0000 JOSEPH MICHAEL JANUKATYS, 0000 JAMES W. GRISWOLD, 0000 ROBERT M. HESSIN, 0000 DOUGLAS W. 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HUNT, JR., 0000 WILLIAM J. KILROY, 0000 DANIEL F. HAWKINS, 0000 TERRY E. HUNTER, 0000 JOHN A. KIMBALL III, 0000 CHRISTIAN D. HAWKINSON, 0000 RONALD L. HUNTLEY, 0000 HANS M. KIMM, 0000 DAVID C. HAYES, 0000 JOHNNY R. HUSAK, 0000 SCOTT A. KINDSVATER, 0000 TIMOTHY P. HAYNIE, 0000 ROBERT E. HUTCHENS, 0000 JACK E. KING, JR., 0000 MICHAEL A. HAZLETT, 0000 BRONWYN S. HUTCHINS, 0000 JAMES R. KING, JR., 0000

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LEMUEL L. KING, 0000 JOSEPH A. LESS, 0000 *RANDALL E. MC CORMICK, 0000 SCOTT D. KING, 0000 ROBERT M. LEVINSON, 0000 WILLIAM B. MC CORMICK, 0000 MARK J. KINNEY, 0000 MARK P. LEWANDOWSKI, 0000 DOUGLAS P. MC COSH, 0000 NEDIM KIRIMCA, 0000 CHRISTOPHER N. LEWIS, 0000 TODD G. MC CREADY, 0000 DONALD E. KIRKLAND, 0000 MICHAEL A. LEWIS, 0000 JANI L. MC CREARY, 0000 BRIAN W. KIRKWOOD, 0000 WILLIAM K. LEWIS, 0000 ROBERT A. MC CRORY, JR., 0000 ROBERT S. KITOWSKI, 0000 HOWARD LIBBERT, 0000 ERICK D. MC CROSKEY, 0000 KENNETH S. KLEIN, 0000 ROBERT C. LIGHTNER, 0000 TODD J. MC CUBBIN, 0000 JENNIFER M. KLEINSCHMIDT, 0000 MARK D. LILLY, 0000 MARK C. MC CULLOHS, 0000 THOMAS R. KLETT, 0000 ROBERT P. LINARES, 0000 BRIAN F. MC DERMOTT, 0000 ANDREA J. KLINE, 0000 JONATHAN W. LIND, 0000 *CHRISTOPHER C. MC DONALD, 0000 MARK R. KLING, 0000 LAWRENCE LIND, 0000 DANIEL J. MC DONALD, 0000 FREDERICK M. KMIECIK, 0000 ROBERT M. LINDBERG, 0000 RICHARD L. MC DONALD, JR., 0000 MATTHEW A. KMON, 0000 ROBERT M. LINDELL, 0000 ROBERT D. MC DONALD, 0000 KEVIN J. KNECHT, 0000 JEFFREY S. LINN, 0000 JOHN P. MC DONNELL, 0000 ANTONE A. KNETTER, 0000 SUBRINA V.S. LINSCOMB, 0000 JOSEPH P. MC DONNELL, 0000 TAMMY M. KNIERIM, 0000 TIMOTHY G. LITTLE, 0000 PAUL J. MC DOWELL, 0000 JACK T. KNIGHT, JR., 0000 JACK R. LOCKHART, 0000 KEVIN J. MC ELROY, 0000 MALLORY P. KNIGHT, 0000 CHRISTOPHER D. LONG, 0000 DAVID V. MC ELVEEN, 0000 JEFFRY D. KNIPPEL, 0000 *MARIANNE LONG, 0000 JAMES A. MC GANN, 0000 JOEL E. KNISELY, 0000 MATTHEW A. LONG, 0000 JENNIFER A. MC GARVA, 0000 RICHARD L. KNOTT, 0000 MICHAEL C. LONG, 0000 MICHAEL P. MC GEE, 0000 MICHAEL R. KOBOLD, 0000 SCOTT C. LONG, 0000 JAMES R. MC GINN, 0000 TAMI L. KOBOLD, 0000 PATRICK J. LORZING, 0000 MILES L. MC GINNIS, 0000 JEFFREY A. KOCH, 0000 *SARA L. LOUGHRAN, 0000 JAMES J. MC GOVERN, 0000 STEVEN M. KOKORA, 0000 MARK R. LOVEJOY, 0000 THOMAS R. MC GRAW, 0000 ALAN L. KOLLIEN, 0000 WAYNE R. LOVELESS, 0000 MICHAEL T. MC GUIRE, 0000 DANIEL P. KOLOTA, 0000 TODD A. 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MICHAEL JOHN MORAN, 0000 TROY W. PANNEBECKER, 0000 JAMES A. RAULERSON, 0000 PATRICK X. MORDENTE, 0000 DANIEL J. PARENT, 0000 RONALD M. RAWLINGS, 0000 ERIC MORGAN, 0000 ANN MARIE PARKER, 0000 *DAVID G. RAY, 0000 STEVEN E. MORLEY, 0000 JAMES T. PARKER, 0000 STEPHEN A. RAY, 0000 CHRISTINA M. MORRIS, 0000 *JEFFREY A. PARKER, 0000 RICHARD M. REDDECLIFF, 0000 MANSON O. MORRIS, 0000 JOHN L. PARKER, 0000 DON L. REDFORD, 0000 MARK R. MORRIS, 0000 THOMAS G. PARKER, JR., 0000 STEPHEN D. REDMOND, 0000 MICHAEL J. MORRIS, 0000 KEVIN D. PARR, 0000 MICHAEL D. REED, 0000 SHAUN Q. MORRIS, 0000 DALE P. PARTRIDGE, 0000 RICHARD N. REED, 0000 GREGORY J. MORRISON, 0000 JOHN C. PASCHALL, 0000 TIMOTHY S. REED, 0000 MATTHEW H. MORROW, 0000 PHILLIP G. PATE, 0000 DONALD REESE, 0000 PATRICK L. MORROW, 0000 RONALD J. PATRICK, 0000 MARC E. REESE, 0000 CHARLES C. MORSE, 0000 JOHN T. PATRICOLA, 0000 WILLIAM A. REESE, 0000 ROBERT M. MORSE, 0000 MARK ALLAN PATTERSON, 0000 MARTIN D. REGISTER, 0000 *SAMUEL P. 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DEXTER M. SAPINOSO, 0000 RUDOLPH A. SMITH, JR., 0000 PATRICK W. TAYLOR, 0000 DIANE W. SARTORI, 0000 RYAN J. SMITH, 0000 ROBERT L. TAYLOR, JR., 0000 CATHERINE J. SAUCHUK, 0000 STEPHEN A. SMITH, 0000 RODERICK K. TAYLOR, 0000 SCOTT H. SAUL, 0000 STEVEN A. SMITH, 0000 RODNEY L. TAYLOR, 0000 ROBERT K. SAUNDERS, 0000 * STEVEN J. SMITH, 1844 CHESTER M. TEEL, 0000 SCOTT A. SAVOIE, 0000 THOMAS L. SMITH, 0000 BRETT P. TELFORD, 0000 BARBARA L. SAWYER, 0000 WESLEY E. SMITH, 0000 SCOTT J. TEW, 0000 THOMAS R. SAXON, 0000 DAVID A. SMITHHART, 0000 KENNETH R. THERIOT, 0000 FRANK W. SCHADDELEE, 0000 TAMI A. SMOLIK, 0000 * JAMES M. THOMAS, 0000 THOMAS P. SCHADEGG, 0000 AARON D. SMOLLER, 0000 JON T. THOMAS, 0000 GREGORY SCHAELLING, 0000 DAVID M. SNOW, 0000 SAM E. THOMAS, 0000 GEORGE P. SCHAUB, 0000 CARL R. SNYDER, 0000 SHARON C. THOMAS, 0000 DONALD M. SCHAUBER, JR., 0000 DONALD A. SNYDER, 0000 TRAIRONG P. THOMAS, 0000 CAMERON J. SCHEEL, 0000 STEVEN P. SNYDER, 0000 WALTER D. THOMAS, 0000 GEORGE E. 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SIMPSON, 0000 * BRIAN R. STOTLER, 0000 JUAN R. VASQUEZ, 0000 WILSON T. SIMS, JR., 0000 MICHAEL K. STOWERS, 0000 BRIAN T. VAUGHN, 0000 PAUL L. J. SINOPOLI, 0000 WALTER W. STRADER, JR., 0000 OSCAR R. VAUGHN, 0000 TIMOTHY J. SIPES, 0000 JESSE L. STRICKLAND, III, 0000 *ROBBIN F. VAUGHN, 0000 ROBERT A. SISSON, 0000 LEWIS H. STROUGH, 0000 ROBERT S. VAUGHN, 0000 ROBERT D. SKELTON, 0000 RONALD R. STUMBO, 0000 AGUSTIN E. VELEZ, 0000 LYNDEN P. SKINNER, 0000 BOBBY F. SUELL, 0000 PATRICIA O. VELEZ, 0000 ROBERT J. SKINNER, 0000 MICHAEL SULEK, 0000 THOMAS A. VENTRIGLIA, 0000 WARDLAW E. SKINNER, III, 0000 DAVID M. SULLIVAN, 0000 LEE A. VENTURINO, 0000 MICHAEL B. SLACK, 0000 * EDWARD J. SULLIVAN, 0000 LASZLO A. VERES, 0000 JOHN S. SLATON, 0000 RUSSELL E. SULLIVAN, 0000 SCOTT A. VESPER, 0000 STEVEN R. SLATTER, 0000 SEAN M. SULLIVAN, 0000 EDWARD J. VEST, 0000 TIMOTHY A. SLAUENWHITE, 0000 STEPHEN T. SULLIVAN, 0000 RICHARD A. VETSCH, 0000 ANDREW T. SLAWSON, 0000 JOHNNY D. SUMMERS, 0000 PATRICK H. VETTER, 0000 JAMES C. SLIFE, 0000 THOMAS A. SUMMERS, 0000 GEORGE VICARI, JR., 0000 RICHARD E. SLOOP, JR., 0000 DAVID G. SVEDEN, JR., 0000 THOMAS B. VICHOT II, 0000 STEVEN E. SMILEY, 0000 AARON R. SWAIN, 0000 JOSEPH H. VIERECKL, 0000 ANDREW J. SMITH, 0000 CARLTON L. SWANEY, 0000 JOSEPH A. VILLACREZ, JR., 0000 BRIAN P. SMITH, 0000 BRADLEY A. SWANSON, 0000 *STEPHEN H. VINING, 0000 DIANE M. SMITH, 0000 BRANDON E. SWEAT, 0000 STEVEN A. VLASAK, 0000 GARY D. SMITH, 0000 MARK J. SWEENEY, 0000 *ROBERT A. VOEGTLY, 0000 * GILES K. SMITH, 3774 GERALD A. SWIFT, 0000 RANDALL L. VOGEL, 0000 JEFFREY D. SMITH, 0000 * JEFFREY S. SWINEY, 0000 WILLIAM J. VOGT, JR., 0000 * JEFFREY J. SMITH, 0651 ALAN J. SWYGERT, 0000 JESSIE H. VOISIN, JR., 0000 JOHN D. SMITH, 0000 MICHAEL T. SYMOCK, 0000 DAVID J. VOLLMER, 0000 KELVIN B. SMITH, 0000 JOHN A. TALARICO, 0000 DAVID C. VONBROCK, 0000 KENNETH P. SMITH, 0000 MICHAEL J. TAMBOS, 0000 PAUL C. VONOSTERHELDT, 0000 MARK R. SMITH, 0000 WILLIAM M. TART, 0000 CHRISTINE M. VOSS, 0000 MARTIN G. SMITH, 0000 RICHARD W. TATEM, 0000 PAUL E. WADE, 0000 MATTHEW N. SMITH, 0000 RICHARD D. TAVENNER, 0000 KEITH C. WAGNER, 0000 MICHAEL E. SMITH, 0000 ANDREW M. TAYLOR, 0000 *THEODORE M. WAGNER, 0000 MICHAEL J. SMITH, 0000 DARRYL S. TAYLOR, 0000 DONALD R. WAHONICK, JR., 0000 RANDOLPH G. SMITH, 0000 JAMES M. TAYLOR, 0000 BARRY C. WAITE, 0000 RICHARD E. SMITH, III, 0000 JOHN W. TAYLOR, JR., 0000 MARK K. WAITE, 0000 ROBERT J. SMITH, JR., 0000 MARK J. TAYLOR, 0000 SCOTT A. WAITE, 0000

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SCOTT E. WALCHLI, 0000 JON K. WISHAM, 0000 *RICHARD F. DRUCKMAN, 0000 FEDERICO G. WALDROND, 0000 JAMES W. WISNOWSKI, 0000 DARYL G. DYKES, 0000 RENEE G. WALDROP, 0000 ROGER J. WITEK, 0000 JAMES M. ECKLUND, 0000 CHRISTOPHER P. WALKER, 0000 RANDY L. WITHAM, 0000 RANDALL A. ESPINOSA, 0000 DOUGLAS M. WALKER, 0000 DANNY R. WOLF, 0000 MARY F. FARLEY, 0000 MALCOLM C. WALKER, 0000 JULIA A. WOLF, 0000 *CHRISTOPHER G. FIELDING, 0000 MICHAEL J. WALKER, 0000 DANIEL D. WOLFER, JR., 0000 MICHAEL J. FINGER, 0000 THOMAS M. WALKER, 0000 JOHN C. WOLLSLAGER, 0000 JOEL T. FISHBAIN, 0000 WARD A. WALKER, 0000 DIANE C. WOLTERING, 0000 *LARRY B. FISHER, 0000 TODD T. WALKOWICZ, 0000 THOMAS J. WOLVERTON, 0000 DIANE M. FLYNN, 0000 DAVID E. WALLACE, 0000 DAVID P. WONCHALA, 0000 JOHN L. FONTANA, 0000 DARRELL E. WALLIS, JR., 0000 WILLIAM P. WONDRA, 0000 JEFFREY M. GAMBEL, 0000 DANIEL J. WALTER, 0000 ENOCH K. WONG, 0000 THOMAS P. GARIGAN, JR., 0000 STEPHEN D. WALTERS, 0000 DAVID R. WOOD, 0000 *MICHAEL E. GARVIN, 0000 MARK A. WARACK, 0000 KENTON T. WOOD, 0000 BENNY T. GEE, 0000 CARL E. WARD, 0000 PAUL R. WOOD, 0000 ROGER K. GEORGE, 0000 MICHAEL T. WARD, 0000 DOUGLAS A. WOODBURY, 0000 CARL A. GIBSON, 0000 MICHAEL T. WARD, 0000 WILLIAM A. WOODCOCK, 0000 WILLIAM R. GILLILAND, 0000 WILLIAM R. WARD, 0000 CHRISTOPHER R. WOODHEAD, 0000 *JIHAD I. HADDAD, 0000 MICHAEL S. WASSON, 0000 THIERRY C. WOODS, 0000 KATHY L. HARRINGTON, 0000 DOUGLAS A. WATKINS, 0000 TIMOTHY A. WOODS, 0000 KENNETH C. HARRIS, 0000 ERIC E. WATKINS, 0000 RONALD J. WORTMAN, 0000 ROBERT M. HARRIS, 0000 *CECELIA R. WATSON, 0000 COLIN J. WRIGHT, 0000 ROMAN A. HAYDA, 0000 PHILIP R. WATSON, 0000 CONNIE L. WRIGHT, 0000 PATRICK T. HEALEY, 0000 BRYAN C. WATT, 0000 DAVID C. WRIGHT, 0000 ARTHUR HERPOLSHEIMER, 0000 HOSEA R. WEARING, 0000 DEAN N. WRIGHT, 0000 KENNETH HIGBY, 0000 SHANNON D. WEATHERMAN, 0000 CHRISTOPHER J. WYMAN, 0000 ROGER M. HINSON, 0000 JOSEPH G. WEAVER, 0000 JOHN P. WYNNE, 0000 DALLAS W. HOMAS, 0000 *WILLIAM M. WEAVER, 0000 JOSEPH M. YAKUBIK, 0000 *NAOMI J. HOROWITZ, 0000 JEROME G. WEBB, 0000 JAMES S. HU, 0000 KAREN C. YAMAGUCHI, 0000 JOLISA WEBB, 0000 CRAIG M. HUDAK, 0000 BARBARA J. YANCEY, 0000 JEFFERY D. WEBBER, 0000 RICHARD A. JORDAN, 0000 THOMAS W. YARGER, JR., 0000 SCOTT D. WEBER, 0000 WILLIAM J. KAISER, 0000 BRIAN E. YATES, 0000 THOMAS J. WEBER, 0000 ROBERT J. KAZRAGIS, JR., 0000 ROBERT E. YATES, 0000 TIMOTHY F. WEBER, 0000 CHRISTOPHER K. KIM, 0000 *ROGER C. YGBUHAY, 0000 RAYMOND J. WEBSTER III, 0000 *KENNETH R. KLIER, 0000 *FRANK C. D. YOUNG, 0000 JEFFREY R. WEED, 0000 RICHARD W. KNIGHT, 0000 MONTE W. YOUNG, 0000 JAMES C. WEIGLE, 0000 STEVEN J. KNORR, 0000 ROBERT B. YOUNG, JR., 0000 JAMES L. WEINGARTNER, 0000 PHILLIP KOHANSKI, 0000 RICHARD A. WEIR, 0000 SEANTA C. YOUNG, 0000 JOHN F. KRAGH, JR., 0000 CLYDE A. WEIRICK, 0000 STEPHANIE P. YOUNG, 0000 STEPHEN J. KRIVDA, 0000 REBECCA E. WEIRICK, 0000 MICHAEL S. YOUNGLING, 0000 TIMOTHY R. KUKLO, 0000 DOUGLAS P. WEITZEL, 0000 MICHAEL J. YOUNGSON, 0000 ALEXANDER L. LAMBERT, 0000 *JAMES H. WELBORN, JR., 0000 DAVID R. YOUTSEY, 0000 WILLIAM L. LANG, 0000 PATRICIA K. WELCH, 0000 SARAH E. ZABEL, 0000 KEVIN E. LEAHY, 0000 *SUSAN K. WELCH, 0000 JAMES RICHARD ZAGATA, 0000 HON S. LEE, 0000 STEVEN M. WELD, 0000 JOSEPH A. ZAHN, 0000 MARK R. LEE, 0000 DOUGLAS H. WELLS, 0000 *ANTHONY M. ZANCA, 0000 ERNEST G. LOCKROW, 0000 SCOTT R. WELLS, 0000 *JOSEPH S. ZAREN, 0000 ARTHUR W. LOESEVITZ, 0000 RUSSELL P. WELSCH, 0000 PAUL ALBERT ZAVISLAK, JR., 0000 DANIEL I. LOUBE, 0000 DERON L. WENDT, 0000 CATHERINE M. ZEITLER, 0000 MARK A. LOWRY, 0000 MICHAEL R. WENZL, 0000 BRIAN P. ZEMBRASKI, 0000 MICHAEL H. LUSZCZAK, 0000 GUY C. WERNER, 0000 ARTHUR E. ZEMKE, 0000 *JULIA A. LYNCH, 0000 GARY F. WESSELMANN, 0000 LEON D. ZERA, 0000 *MICHAEL P. MAHONEY, 0000 KENNETH T. WESSELS, JR., 0000 WILLIAM H. ZIENER, JR., 0000 *RANDALL J. MALCHOW, 0000 DENISE M. WEST, 0000 JAMES A. ZIETLOW, 0000 *TIMOTHY M. MALLON, 0000 JOHN E. WEST, JR., 0000 TIMOTHY A. ZOERLEIN, 0000 *GONZALEZ R. MARIN, 0000 JOHN W. WEST, 0000 DAVID R. ZORZI, 0000 *JESUS A. MARQUEZ, 0000 RITCHIE L. WEST, 0000 JEFFREY R. ZOUBEK, 0000 *WILLIAM S. MARSH, III, 0000 ROBERT A. WEST, 0000 MICHEL P. ZUMWALT, 0000 *JOHN P. MATLOCK, 0000 KERSHAW L. WESTON, 0000 IN THE ARMY *MICHAEL D. MATTHEWS, 0000 JAMES E. WEYER, 0000 *JOSEPH F. MC KEON, 0000 MARK S. WHINNERY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT *JENNIFER J. MC NEIL, 0000 ANDREW C. WHITE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY *MARK D. MENICH, 0000 DAVID T. WHITE, 0000 AND FOR REGULAR APPOINTMENT IN THE MEDICAL *ROBERT J. MILLER, 0000 NATHAN A. WHITE, 0000 CORPS AND DENTAL CORPS (IDENTIFIED BY AN ASTER- *WILLIAM J. MILUSZUSKY, 0000 NATHAN T. WHITE, 0000 ISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531, AND *JOHN H. MITCHELL, 0000 RANDALL G. WHITE, 0000 3064: *JOHN C. MOAD, 0000 TODD D. WHITE, 0000 To be lieutenant colonel *WILLIAM T. MONACCI, 0000 WILLIAM G. WHITE, 0000 *PAUL D. MONGAN, 0000 SHANNON L. WHITED, 0000 KEVIN C. ABBOTT, 0000 *JOHN B. MOODY, 0000 STEPHEN N. WHITING, 0000 MAUREEN A. ARENDT, 0000 *LEON E. MOORES, 0000 JAMIE S. WHITLEY, 0000 GREGORY J. ARGYROS, 0000 *ALLEN F. MOREY, 0000 *JAMES T. WHITLOW, 0000 JOHN H. ARMSTRONG, 0000 *MICHAEL J. MORRIS, 0000 JAMES T. WICKER, 0000 KENNETH S. AZAROW, 0000 *KEVIN P. MURPHY, 0000 *MICHAEL H. WIDMER, 0000 MATTHEW S. BACHINSKI, 0000 *MARK A. MYERS, 0000 JIM R. WIEDE, 0000 DEAN E. BAIRD, 0000 *ROBERTO N. NANG, 0000 JEFFREY J. WIEGAND, 0000 *GEORGE R. BARBER, 0000 *JAMES F. NEWCITY, 0000 MARSHA W. WIERSCHKE, 0000 CAROL L. BAREKMAN, 0000 *JOHN D. NG, 0000 STEVEN D. WILCOX, 0000 DAVID J. BARILLO, 0000 *PETER E. NIELSEN, 0000 LEAF SANDRA L. WILKERSON, 0000 *MARK R. BAUS, 0000 *JOSE E. OLAZAGASTI, 0000 WILLIAM D. WILKIE, 0000 JEFFREY A. BECKER, 0000 *JOSEPH PAFUMY, 0000 JOHN W. WILKINSON, 0000 CONRAD S. BELNAP, 0000 *PHILIP J. PANDOLFI, 0000 JOHN A. WILLCOCKSON, 0000 RICHARD H. BIRDSONG, 0000 *CATHY J. PARSELLS, 0000 CHARLES D. WILLIAMS III, 0000 CHRISTOPHER P. BLACK, 0000 *MARK F. PEAKE, 0000 CHRISTOPHER R. WILLIAMS, 0000 ERIN M. BOHEN, 0000 *FELICIA F. PEHRSON, 0000 DARRYL R. WILLIAMS, 0000 PAMELA S. BOSTIC, 0000 *JONATHAN A. PERKINS, 0000 GRETCHEN D. WILLIAMS, 0000 DAVID J. BOWER, 0000 *STEPHEN C. PHILLIPS, 0000 JOHN A. WILLIAMS, 0000 KERRY M. BRADY, 0000 *JOSEPH C. PIERSON, 0000 JOHN A. WILLIAMS II, 0000 STEVEN E. BRAVERMAN, 0000 *JOSEPH S. PINA, 0000 JOHN D. WILLIAMS, 0000 JOHN J. BROZETTI, 0000 *SIMON H. PINCUS, 0000 STEPHEN H. WILLIAMS, 0000 MICHAEL R. BRUMAGE, 0000 *JOSEPH P. PULCINI, 0000 TIMOTHY N. WILLIAMS, 0000 THOMAS R. BURKLOW, 0000 *WILLIAM B. REECE, 0000 WALTER B. WILLIAMS, 0000 KAREN L. BURMEISTER, 0000 *KEVIN G. RODGERS, 0000 WILLIE J. WILLIAMS, JR., 0000 LOUIS F. CAMPANA II, 0000 *NEREIDA ROMERO, 0000 DAVID D. WILLIS, 0000 KEVIN R. CANNARD, 0000 *JOHN R. ROWE, 0000 STEVEN E. WILLIS, 0000 VALERIE A. CARREGAL, 0000 *ERIC J. RUBEL, 0000 ROBERT W. WILLOUGHBY, 0000 FRED A. CARUSO, 0000 *WILLIAM F. RUNYON, JR., 0000 MARK E. WILLS, 0000 JOHN M. CHO, 0000 *DAVID T. SCHACHTER, 0000 BRYAN L. WILMUNEN, 0000 *GEORGE H. CLAYTON, 0000 *DOMINIQUE H. SCHIFFER, 0000 CRAIG D. WILSON, 0000 KIMBERLY P. COCKERHAM, 0000 *RICHARD B. SCHWARTZ, 0000 EVA C. WILSON, 0000 MARY C. CONAWAY, 0000 *KEVIN C. SHANDERA, 0000 GAVIN P. WILSON, 0000 *LARRINGTON R. CONNELL, 0000 *MICHAEL J. SIGMON, 0000 HAROLD L. WILSON, 0000 JAMES E. COOK, 0000 *RONALD E. SMITH, JR., 0000 JEFFREY H. WILSON, 0000 LISE A. COTE, 0000 *SCOTT A. STANEK, 0000 KENNEDY B. WILSON, JR., 0000 THOMAS G. CRABTREE, 0000 *WILLIAM R. STEVENS, 0000 PAUL G. WILSON, 0000 BRIAN J. CRISP, 0000 *CAROLYN A. SULLIVAN, 0000 ROBERT D. WILSON, 0000 DAVID J. CROYLE, 0000 *ALLEN J. TAYLOR, JR., 0000 *TRISHA L. WILSON, 0000 PAUL J. CUTTING, 0000 *RAY N. TAYLOR, 0000 WILLIAM J. WILSON, 0000 LYNN F. DAHL, 0000 *STEVEN A. TAYLOR, 0000 DAVID W. WIMS, 0000 *DEBORAH L. DALVIT, 0000 *JOACHIM J. TENUTA, 0000 DONALD W. WINGATE, JR., 0000 MELVIN J. DAVIS, 0000 *JOHN A. THAYER, 0000 JAMES D. WINGO, JR., 0000 HARRIETT E. DEISSLER, 0000 *ASHTON C. * TRIER, 0000 MARK S. WINGREEN, 0000 DAVID J. DESILETS, 0000 *RICHARD F. TROTTA, 0000 ANNE M. WINKLER, 0000 CARROLL J. DIEBOLD, 0000 *RICHARD P. VINSON, 0000 JOHN S. WINSTEAD, 0000 RICHARD T. DOMBROSKI, 0000 *VINCENT P. VISSICHELLI, 0000 ROHINI T. S. WINTERS, 0000 PAUL J. DOUGHERTY, 0000 *DOUGLAS S. WALSH, 0000

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*WINSTON J. WARME, 0000 *SONIA T. HAUCK, 0000 *MARK W. SCHIERENBECK, 0000 *PETER V. WEBER, 0000 *SHARON E. HEALY, 0000 LEE H. SCHILLER, JR, 0000 *THOMAS G. WICHGERS, 0000 *RONALD B. HENRY, 0000 *MATTHEW J. SCHOFIELD, 0000 *RICHARD J. WINDHORN, 0000 *EDMUNDO M. HERNANDEZ, 0000 *JACQUELINE R. SCHULER, 0000 *MARK G. ZIEMBA, 0000 *MARK R. HICKMAN, 0000 *JEFFREY D. SCHULTZ, 0000 *CHARLOTTE W. SCOTT, 0000 *PAUL A. HIRD, 0000 IN THE ARMY *GARY A. SEAL, 0000 *RUTH E. HOLJE, 0000 *PATRICK G. SHANNON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROY D. HORNE, 0000 *KENNETH S. SHAW, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY TONI D. JACKMAN, 0000 *DAVID V. SHEAFFER, 0000 AND FOR REGULAR APPOINTMENT IN THE ARMY NURSE *DANNY B. JAGHAB, 0000 *JAMES T. SHEETS, 0000 CORPS, MEDICAL SERVICE CORPS, ARMY MEDICAL SPE- *BEVERLY JEFFERSON, 0000 *DAVID W. SHEPHERD, 0000 *MARY C. JEFFERSON, 0000 *MARY K. SHULER, 0000 CIALIST CORPS, AND VETERINARY CORPS (IDENTIFIED *ANNE S. SIGOUIN, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS *ERIC M. JOHNSON, 0000 *KINDALL L. JONES, 0000 *KATHLEEN M. SILKA, 0000 624, 531, AND 3064: *BETTY J. SIMMONS, 0000 *IVETTE JUSTICE, 0000 *THOMAS SIMPKINS, 0000 To be major *MELISSA W. KAUFMAN, 0000 *JAMES K. SJOVALL, 0000 *RICHARD T. KELLER, 0000 *BRUCE A. SLACK, 0000 *CELETHIA M. ABNER, 0000 *BRETT J. KELLY, 0000 JOHN A. SMITH, 0000 *KENNETH N. ABNEY, 0000 *JOHN E. KENT, 0000 *OLIVE M. SMITH, 0000 *BARBARA A. AGEN, 0000 *KEITH W. KETTELL, 0000 *STEVEN D. SMITH, 0000 *EDWIN M. ALBERTO, 0000 *VICTORIA S. KILCAWLEY, 0000 *JAMES B. SNOW, 0000 *SUZANNE D. ALEXANDER, 0000 *HYELAN KIM, 0000 *BEVERLY K. SNYDER, 0000 *IVAN D. SPEIGHTS, SR, 0000 *JAMES R. ANDREWS, 0000 *REBECCA R. KITZMILLER, 0000 *MIRIAM A. SPELLS, 0000 *IAN R. ASHCROFT, 0000 *TIMOTHY L. KNICKERBOCKER, 0000 *THELDA J. ATKIN, 0000 *SARA T. SPROAT, 0000 *LORRAINE M. KNIGHT, 0000 ANDREA M. STAHL, 0000 *SCOTT B. AVERY, 0000 ANGELA A. KOELSCH, 0000 *JOHN M. STANG, 0000 *THOMAS P. AXTMAN, 0000 SHERYL M. KOELTZOW, 0000 KEVIN J. STEVENS, 0000 *TIMOTHY L. BAKER, 0000 *JOHN V. KORBY, 0000 *BENJAMIN STINSON, 0000 *BRENDA J. BALL, 0000 *AMY K. KORMAN, 0000 *RANDY STORY, 0000 *DONALD W. BANKS, 0000 *WAYNE E. KOSTOLNI, 0000 *GREGORY D. STYLES, 0000 *KENNETH L. BATEY, 0000 *CELIA G. SUKON, 0000 GIOVANNI T. KOTORIY, 0000 BOBBI K. SUNDERLAND, 0000 *RISA D. BATOR, 0000 *RONALD L. KROGH, 0000 *JOHN E. SUTTON, 0000 *MICHAEL P. BEATTY, 0000 JANET L. KUBAS, 0000 CHARLES K. TANNER, 0000 *TANYA M. BEECHER, 0000 *PATRICK A. KUNTZ, 0000 *JERRY S. THOMAS, 0000 *CONSTANCE A. BELL, 0000 WILLIAM P. LACHANCE, 0000 SONDRA S. THOMPSON, 0000 *THERESA L. BIRON, 0000 *GREGORY T. LA FRANCOIS, 0000 *ORTIZ S. TILLMAN, 0000 *CASSANDRA E. BLAKLEY, 0000 *TAMARA J. LA FRANCOIS, 0000 *WILLIAM B. TILSON, 0000 *JAMES D. TONER, 0000 *PAUL D. BLIESE, 0000 *GARY M. LANG, 0000 JORGE TORRES, 0000 *KARL C. BOLTON, 0000 *JOSEPH E. LAUNDREE, 0000 *GARY W. TRYNISZEWSKI, 0000 *JODY L. BORG, 0000 *STEPHEN P. LAYMAN, 0000 *RANDY H. TUREK, 0000 *CAROL A. BOSSONE, 0000 *MARC A. LEWIS, 0000 *JAMES B. UPTON, 0000 *ANTHONY C. BOSTICK, 0000 *LORRAINE L. LINN, 0000 JOSEPH J. VANCOSKY, JR, 0000 *CLANHOPE A. BOWLIN, 0000 *JENEVIE G. LLANES, 0000 *PAULA A. VINCENT, 0000 *CARLTON C. BRINKLEY, 0000 *JOHN W. LONCZAK, 0000 *TERSCH R. VON, 0000 *MICHAEL R. VOORHIES, 0000 *KRISTINE M. BRISTOW, 0000 *MICHAEL J. LOPATKA, 0000 ROBERT M. WALKER, JR, 0000 *RAE M. BROADNAX, 0000 *DUKE A. LOPEZ, 0000 *TROY L. WALKER, 0000 *EDYTHE A. BROWNE, 0000 *KYU S. LUND, 0000 *FRANCES K. WARD, 0000 *STEVEN H. BULLOCK, 0000 MARIO C. MALLARI, 0000 *JANET L. WASHINGTON, 0000 *M. L. BULLOCK, 0000 *STACEY C. MANGANA, 0000 SANDRA D. WASHINGTON, 0000 *KARL D. BUSCH, 0000 PETER V. MARKS, JR., 0000 *LORNA L. WEBER, 0000 *JOHN D. BUTLER, 0000 DOUGLAS M. MARR, 0000 HOBERT W. WELLS, III, 0000 *LARRY D. WEST, 0000 *MYRNA C. CALLISON, 0000 *SAMUEL L. MARTIN, 0000 *NEVA J. WESTHOFF, 0000 *NOEL J. CARDENAS, 0000 TEDDY H. MARTIN, 0000 MARK R. WHITE, 0000 *VICKI L. CARR, 0000 MATTHEW E. MATTNER, 0000 *WATRINA W. WHITE, 0000 *MARY K. CARSON, 0000 *BARBARA L. MAUFAS, 0000 HARRY L. WHITLOCK, II, 0000 *KENNETH J. CARTER, 0000 NEDRICK L. MC DADE, 0000 *CHRISTINE E. WIECZOREK, 0000 *JOSE M. CASTRO, 0000 *MICHAEL W. MC DOUGAL, 0000 *RUSSELL L. WIESSINGER, 0000 ROBERT A. WIKE, 0000 *LEE A. CEBULA, 0000 *MADELYN S. MC KENNAN, 0000 *ERIN V. WILKINSON, 0000 *JOHN G. CHARBONNEAU, 0000 *GESELLE M. MC KNIGHT, 0000 *STACEY A. WILLIAMS, 0000 *JULIANN M. CHAVEZ, 0000 *JAMES D. MC LAIN, 0000 *CHERUB I. WILLIAMSON, 0000 *SATURNINO CHAVEZ, 0000 *ERIN C. MC LAUGHLIN, 0000 *KARL O. WILSON, 0000 *GREGORY Q. CHEEK, 0000 *MICHAEL A. MC MAHON, 0000 *MARK T. WORD, 0000 *PLACIDIA M. CLARK, 0000 *GARY G. MC NEILL, 0000 *JULIO A. ZAYAS, 0000 *DEBRA L. CLISE, 0000 KAREN J. MEADOWS, 0000 *SUSAN C. ZAYASGRUBER, 0000 *WALTER H. CONNERY, 0000 JOHN F. MERKLE, 0000 *ALEX P. ZOTOMAYOR, 0000 *MARY F. COOPER, 0000 *PATRICIA MERRILL, 0000 *SHANDA M. ZUGNER, 0000 *SONYA J. CORUM, 0000 STEVEN P. MIDDLECAMP, 0000 *PAULA A. COUGHLIN, 0000 *JAMES R. MILLER, 0000 *RUTH G. CRAMPTON, 0000 *STEVEN G. MILLWARD, 0000 DEPARTMENT OF STATE *KIMBERLY A. CROSLAND, 0000 *ERIC L. MOORE, 0000 DAVID G. CARPENTER, OF VIRGINIA, TO BE AN ASSIST- *STEPHANIE E. DAUGHERTY, 0000 *BRIAN D. MOORE, 0000 ANT SECRETARY OF STATE, VICE ERIC JAMES BOSWELL, *GRETCHEN L. DEMMIN, 0000 *DONNA E. MOORE, 0000 RESIGNED. *RICK G. DICKINSON, 0000 *RICARDO D. MORALES, 0000 DAVID G. CARPENTER, OF VIRGINIA, TO BE DIRECTOR *PAMELA A. DILL, 0000 *WILLIAM J. MORAN, JR., 0000 OF THE OFFICE OF FOREIGN MISSIONS, AND TO HAVE *RAYMOND S. DINGLE, 0000 *MARK E. MORGAN, 0000 THE RANK OF AMBASSADOR DURING HIS TENURE OF *MARGARET A. DIXON, 0000 *SEAN T. MORGAN, 0000 *MARSHA M. DOROUGH, 0000 *THOMAS S. MORGAN, 0000 SERVICE, VICE ERIC JAMES BOSWELL. *MARY J. DORSCHNER, 0000 FINK C. MOSER, 0000 RICHARD HENRY JONES, OF NEBRASKA, A CAREER *ROGER W. DOUGHERTY, 0000 *WANDA R. MOULTRIE, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF *WILLIAM S. DRENNON, 0000 *LUIS A. MUNIZ, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- *CYNTHIA G. DUCKETT, 0000 *KRISTIN A. MURPHY, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES *JOSEPH G. ECKERT, 0000 *LEN E. MURRAY, 0000 OF AMERICA TO THE REPUBLIC OF KAZAKHSTAN. *DAWN B. ERCKENBRACK, 0000 *FAULKNER G. MURRAY, 0000 CHARLES F. KARTMAN, OF VIRGINIA, A CAREER MEM- *PAMELA M. EVANS, 0000 *WILLIAM G. MYERS, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- *PHREDD J. EVANS, 0000 TIMOTHY L. NAPORA, 0000 ISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR *RICHARD L. EVANS, JR., 0000 *KATHLEEN M. NENNINGER, 0000 DURING HIS TENURE OF SERVICE AS SPECIAL ENVOY *ALLESA J. EWELL, 0000 *JOHN A. NERGES, 0000 FOR THE KOREAN PEACE TALKS. *MYRON L. FAY, 0000 *JAMES B. NIX, 0000 KATHRYN DEE ROBINSON, OF TENNESSEE, A CAREER *EMERY B. FEHL, 0000 *ERIC D. OSTREM, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF *TRACI E. FERGUSON, 0000 *EDDIE J. PALINSKY, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- *LINDA W. FISHER, 0000 *SUSAN M. PALMER, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES *HELEN FORD, 0000 *RALPH P. PARKER, JR., 0000 OF AMERICA TO THE REPUBLIC OF GHANA. *JONATHAN M. FRADKIN, 0000 JOHN C. PASTINO, 0000 ROBERT PATRICK JOHN FINN, OF NEW YORK, A CAREER *CYNTHIA M. FRASER, 0000 FRANCISCO C. PAULINO, JR., 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF *MICHAEL D. FRAVELL, 0000 *RICHARD D. PAZ, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND *TAMARA J. FREEMAN, 0000 *ROBERT K. PELL, JR., 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA *LARRY M. FREYBERGER, 0000 *KELLY L. PEROUTKA, 0000 TO THE REPUBLIC OF TAJIKISTAN. *JONATHAN C. FRISTOE, 0000 MICHAEL P. PETERMAN, 0000 *DAVID S. GALLOWAY, 0000 *DEXEL V. PETERS, 0000 *JENNIFER L. PETERSEN, 0000 *KEVIN T. GALLOWAY, 0000 *COREY R. PETERSON, 0000 f *RUTH GARBETT, 0000 *HAMILTON PLAZAGARCIA, 0000 *ANN M. GARVEY, 0000 *CHERYLN A. POLLARD, 0000 *EVELYN GAVIN, 0000 REBECCA PORTER I, 0000 *PETRINA E. GAVRILIS, 0000 *BRADLEY G. PREDMORE, 0000 CONFIRMATION *RICHARD J. PROBST, 0000 *ELIZABETH A. GELINAS, 0000 *DEBRA A. RAMP, 0000 *LISA S. GENTES, 0000 *TERRESA S. RANDOLPH, 0000 Executive nomination confirmed by *BRIAN J. GENTILE, 0000 *JOANNA J. REAGAN, 0000 *DAVID M. GILES, 0000 *KENNETH W. REESE, 0000 the Senate July 7, 1998: *WILLIAM T. GOFORTH, 0000 *DANIEL G. RENDEIRO, 0000 *EDWARD J. RICE, 0000 *DONOVAN G. GREEN, 0000 *SHELLEY A. RICE, 0000 ENVIRONMENTAL PROTECTION AGENCY *TARRA L. GREEN, 0000 DAVID G. RICHARDSON, 0000 *JOHN T. GROVES, 0000 *JEFFREY ROOS, 0000 SALLYANNE HARPER, OF VIRGINIA, TO BE CHIEF FI- *GERALD J. GRUBER, 0000 *DANYLO O. RUDAKEVYCH, 0000 NANCIAL OFFICER, ENVIRONMENTAL PROTECTION AGENCY. *LINDA L. GUTHRIE, 0000 *CAROL Z. RYMER, 0000 *LESLEE F. SANDERS, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO *RICHARD K. HANISCH, 0000 *EVELYN J. SANGSTERCLARKE, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- *CHRIS E. HANSON, 0000 *ROBERT P. SAVAGE, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY *DEBORAH L. HASTINGS, 0000 *THERESA A. SCHERFF, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4637 Sfmt 8476 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY Tuesday, July 7, 1998 Daily Digest Senate ther debate on the motion to proceed to consider- Chamber Action ation of the bill. Pages S7525±26 Routine Proceedings, pages S7525–S7619 A motion was entered to close further debate on Measures Introduced: Seven bills and one resolu- Amendment No. 3064, listed above, and in accord- tion were introduced, as follows: S. 2265–2271, and ance with the provisions of Rule XXII of the Stand- S. Con. Res. 107. Page S7574 ing Rules of the Senate, a vote on the cloture motion will occur on Thursday, July 9, 1998. Page S7565 Measures Reported: Reports were made as follows: S.J. Res. 44, A Joint Resolution proposing an IRS Reform—Conference Report: Senate began amendment to the Constitution of the United States consideration of the conference report on H.R. 2676, to protect the rights of crime victims, with an to amend the Internal Revenue Code of 1986 to re- structure and reform the Internal Revenue Service. amendment in the nature of a substitute. Page S7574 Pages S7565±73 VA/HUD Appropriations: Senate resumed consid- Senate will continue consideration of the con- eration of S. 2168, making appropriations for the ference report on Wednesday, July 8, 1998. Departments of Veterans Affairs and Housing and Nominations Confirmed: Senate confirmed the fol- Urban Development, and for sundry independent lowing nominations: agencies, commissions, corporations, and offices for Sallyanne Harper, of Virginia, to be Chief Finan- the fiscal year ending September 30, 1999, taking cial Officer, Environmental Protection Agency. action on amendments proposed thereto, as follows: Pages S7610, S7619 Pages S7538±65 Pending: Nominations Received: Senate received the follow- Daschle Amendment No. 3063, to amend the ing nominations: Public Health Service Act and the Employee Retire- Carolyn H. Becraft, of Virginia, to be an Assistant ment Income Security Act of 1974 to protect con- Secretary of the Navy. sumers in managed care plans and other health cov- Ruby Butler DeMesme, of Virginia, to be an As- erage. Pages S7562±63 sistant Secretary of the Air Force. Rejected: Patrick T. Henry, of Virginia, to be an Assistant By 33 yeas to 66 nays (Vote No. 185), Bumpers Secretary of the Army. Amendment No. 3062, to terminate the Inter- Bert T. Edwards, of Maryland, to be Chief Finan- national Space Station program and provide addi- cial Officer, Department of State. tional funding for veterans and low-income housing. Joseph H. Melrose, Jr., of Pennsylvania, to be Ambassador to the Republic of Sierra Leone. Pages S7538±59, S7563±64 John Shattuck, of Massachusetts, to be Ambas- Product Liability: Senate began consideration of S. sador to the Czech Republic. 648, to establish legal standards and procedures for David G. Carpenter, of Virginia, to be an Assist- product liability litigation, taking action on amend- ant Secretary of State. ments proposed thereto, as follows: David G. Carpenter, of Virginia, to be Director of Pages S7525±34, S7565 the Office of Foreign Missions, and to have the rank Pending: of Ambassador during his tenure of service. Lott Amendment No. 3064, in the nature of a Richard Henry Jones, of Nebraska, to be Ambas- substitute. Page S7565 sador to the Republic of Kazakhstan. During consideration of this measure today, Senate Charles F. Kartman, of Virginia, a Career Member also took the following action: of the Senior Foreign Service, Class of Minister- By 71 yeas to 24 nays (Vote No. 184), three-fifths Counselor, for the rank of Ambassador during his of those Senators duly chosen and sworn having tenure of service as Special Envoy for the Korean voted in the affirmative, Senate agreed to close fur- Peace Talks. D727 D728 CONGRESSIONAL RECORD — DAILY DIGEST July 7, 1998 Kathryn Dee Robinson, of Tennessee, to be Am- Conservation Act of 1994 to prohibit the sale, im- bassador to the Republic of Ghana. portation, and exportation of products labeled as Robert Patrick John Finn, of New York, to be containing substances derived from rhinoceros or Ambassador to the Republic of Tajikistan. tiger, and H.R. 3113, to authorize funds through 3 Air Force nominations in the rank of general. fiscal year 2004 for the Rhinoceros and Tiger Con- 27 Army nominations in the rank of general. servation Fund, after receiving testimony from John 7 Navy nominations in the rank of admiral. Rogers, Deputy Director for the U.S. Fish and Wild- Routine lists in the Air Force, Army, Navy, and life Service, Department of the Interior; Ginette Public Health Service. Pages S7611±19 Hemley, World Wildlife Fund, Wayne Pacelle, Hu- Messages From the House: Page S7574 mane Society of the United States, and Gary Taylor, Measures Placed on Calendar: Page S7574 International Association of Fish and Wildlife Agen- cies, all of Washington, D.C.; Kristin L. Vehrs, Communications: Page S7574 American Zoo and Aquarium Association, Bethesda, Statements on Introduced Bills: Pages S7574±80 Maryland; Molly Krival, Ding Darling Wildlife So- Additional Cosponsors: Pages S7580±81 ciety, Sanibel, Florida; and Thomas Crane, Great Lakes Commission, Ann Arbor, Michigan. Amendments Submitted: Pages S7584±S7605 Authority for Committees: Page S7605 U.S.-VIETNAM EMIGRATION WAIVER Additional Statements: Pages S7605±10 Committee on Finance: Subcommittee on International Record Votes: Two record votes were taken today. Trade held hearings on S.J. Res. 47, disapproving (Total—185) Pages S7526, S7564 the recommendation of the President to extend the Adjournment: Senate convened at 9:30 a.m., and authority to waive freedom of emigration require- adjourned at 8:27 p.m., until 9:30 a.m., on Wednes- ments in the Trade Act of 1974 with respect to day, July 8, 1998. (For Senate’s program, see the re- Vietnam, receiving testimony from Senators Helms, marks of the Acting Majority Leader in today’s Kerry, McCain, and Smith; Stanley O. Roth, Assist- Record on page S7611.) ant Secretary of State for East Asian and Pacific Af- fairs; Richard T. Childress, former Director of Asian Committee Meetings Affairs, National Security Council; Bruce Harter, Veterans of Foreign Wars of the United States, and (Committees not listed did not meet) Frances Zwenig, United States-Vietnam Trade Coun- cil, both of Washington, D.C.; and Nguyen Dinh FISH AND WILDLIFE CONSERVATION Thang, Boat People, S.O.S., Merrifield, Virginia, on Committee on Environment and Public Works: Commit- behalf of the Vietnamese Community of Washing- tee concluded hearings on S. 263, to prohibit the ton, D.C., Maryland, and Virginia, and the Coalition import, export, sale, purchase, possession, transpor- Against the Jackson-Vanik Waiver for Vietnam. tation, acquisition, and receipt of bear viscera or Hearings were recessed subject to call. products that contain or claim to contain bear viscera, S. 361, to amend the Endangered Species SSI CHILDHOOD DISABILITY BENEFITS Act of 1973 to prohibit the sale, import, and export of products labeled as containing endangered species, Committee on Finance: Subcommittee on Social Secu- S. 659, to amend the Great Lakes Fish and Wildlife rity and Family Policy held oversight hearings on Restoration Act of 1990 to provide for implementa- the Social Security Administration’s implementation tion of recommendations of the United States Fish of the new eligibility criteria for childhood disability and Wildlife Service contained in the Great Lakes benefits under the Supplemental Security Income Fishery Restoration Study Report, S. 1970, to re- program set forth by the Personal Responsibility and quire the Secretary of the Interior to establish a pro- Work Opportunity Reconciliation Act (P.L. gram to provide assistance in the conservation of 104–193), receiving testimony from Kenneth S. neotropical migratory birds, S. 2094, to amend the Apfel, Commissioner, Social Security Administration; Fish and Wildlife Improvement Act of 1978 to en- Jonathan M. Stein, Community Legal Services, Inc., able the Secretary of the Interior to more effectively Philadelphia, Pennsylvania; Dawn Wardyga, Family use the proceeds of sales of certain items, S. 2244, Voices of Rhode Island, Barrington; Michael Bren- to amend the Fish and Wildlife Act of 1956 to pro- nan, National Council of Directors of Disability De- mote volunteer programs and community partner- terminations, Lincoln, Nebraska; Robert E. Cooke, ships for the benefit of national wildlife refuges, Joseph P. Kennedy Jr. Foundation, Washington, H.R. 2807, to amend the Rhinoceros and Tiger D.C.; Laurie Humphries, Lexington, Kentucky, on July 7, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D729 behalf of the American Academy of Child and Ado- ENTERTAINMENT AND INFORMATION lescent Psychiatry; and James Perrin, Boston, Massa- MERGERS chusetts, on behalf of the American Academy of Pe- Committee on the Judiciary: Subcommittee on Anti- diatrics. trust, Business Rights, and Competition concluded Hearings were recessed subject to call. hearings to examine certain implications with regard to the convergence and consolidation of technologies BUSINESS MEETING in the entertainment and information industries, in- Committee on the Judiciary: Committee ordered favor- cluding the proposed merger between AT&T Corp. ably reported S.J. Res. 44, proposing an amendment and TeleCommunications Inc., after receiving testi- to the Constitution of the United States to protect mony from Robert A. Iger, ABC, Inc., and Richard the rights of crime victims, with an amendment in D. Parsons, Time Warner Inc., both of New York, the nature of a substitute. New York; C. Michael Armstrong, AT&T Corp., Basking Ridge, New Jersey; and John Marselle, Sun Microsystems Federal, Inc., McLean, Virginia. h House of Representatives nology transfers which pose a threat to United States se- Chamber Action curity, 2 p.m., SD–342. The House was not in session today. It will next Committee on the Judiciary, to hold hearings to examine meet on Tuesday, July 14 at 12:30 p.m. for Morn- certain provisions of S.J. Res. 40, proposing an amend- ing Hour debate. ment to the Constitution of the United States authorizing Congress to prohibit the physical desecration of the flag of the United States (pending on Senate calendar), 9 a.m., Committee Meetings SD–226. No committee meetings were held. Full Committee, to hold hearings on S. 1529, to en- f hance Federal enforcement of hate crimes, 1 p.m., SD–226. COMMITTEE MEETINGS FOR Committee on Indian Affairs, to hold hearings on S. 1905, to provide for equitable compensation for the WEDNESDAY, JULY 8, 1998 Cheyenne River Sioux Tribe, H.R. 700, to remove the re- (Committee meetings are open unless otherwise indicated) striction on the distribution of certain revenues from the Mineral Springs parcel to certain members of the Agua Senate Caliente Band of Cahuilla Indians, S. 391, to provide for Committee on Appropriations, Subcommittee on Transpor- the disposition of certain funds appropriated to pay judg- tation, business meeting, to mark up proposed legislation ment in favor of the Mississippi Sioux Indians, and S. making appropriations for the Department of Transpor- 1419, to deem the activities of the Miccosukee Tribe on tation and related agencies for the fiscal year ending Sep- the Tamiani Indian Reserve to be consistent with the tember 30, 1999, 4:30 p.m., SD–124. purposes of the Everglades National Park, 9:30 a.m., Committee on Commerce, Science, and Transportation, to SR–485. hold hearings to examine the transition to high definition Select Committee on Intelligence, to resume closed hearings television, 9:30 a.m., SR–253. on the investigation of the impacts to United States na- Committee on Foreign Relations, Subcommittee on Inter- tional security from advanced satellite technology exports national Economic Policy, Export and Trade Promotion, to China and Chinese efforts to influence United States to hold hearings on the implementation of United States policy, 10 a.m., SH–219. policy on Caspian Sea oil exports, 10 a.m., SD–419. Full Committee, to hold hearings on the nomination Committee on Governmental Affairs, Subcommittee on of L. Britt Snider, of Virginia, to be Inspector General, International Security, Proliferation and Federal Services, Central Intelligence Agency, 2:30 p.m., SH–216. to resume hearings to examine whether the Department of Commerce’s commercial satellite export control policy House and process toward China is adequate to prevent tech- No committee meetings are scheduled. D730 CONGRESSIONAL RECORD — DAILY DIGEST July 7, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 8 12:30 p.m., Tuesday, July 14

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Tuesday: To be announced. ation of the Conference Report on H.R. 2676, IRS Re- form.

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