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

Vol. 142 WASHINGTON, TUESDAY, JUNE 11, 1996 No. 85 Senate

The Senate met at 9 a.m., and was U.S. SENATE, we can get that done before noon called to order by the Honorable PAUL PRESIDENT PRO TEMPORE, today. I know we have cleared some COVERDELL, a Senator from the State Washington, DC, June 11, 1996. nominations. We will take those up, of Georgia. To the Senate: hopefully, between 9:15 and 10 o’clock. I Under the provisions of rule I, section 3, of repeat what I have said many times: I the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable Paul COVERDELL, a do not like holding nominations and The Chaplain, Dr. Lloyd John Senator from the State of Georgia, to per- have not made it a practice personally. Ogilvie, offered the following prayer: form the duties of the Chair. Hopefully, those who have the prob- Gracious Father, there is no greater STROM THURMOUND, lems can work them out either today joy than to be Your friend. Along with President pro tempore. or after I am gone, because there are Abraham and Moses, and men and Mr. COVERDELL thereupon assumed many families here trying to make women throughout the ages, we accept the chair as Acting President pro tem- plans. Holding up their nominations the awesome privilege of a friendship pore. makes it difficult. Of course, personally, I am still hope- with You. To be called a friend of God f ful we can clear the World Trade Orga- is a source of strength and courage. nization legislation. At one time it was When this assurance pervades our RECOGNITION OF THE MAJORITY cleared in the U.S. Senate. All it does minds, hearts, and wills, we can pray LEADER is to give Congress a role in the event for Your guidance and know that You The ACTING PRESIDENT pro tem- there are arbitrary decisions made by will not only show us the way, but pore. The Chair recognizes the major- faceless, nameless bureaucrats in Gene- walk with us. ity leader, the Senator from Kansas. va where we can exit from the World Thank You for helping us be the kind f Trade Organization. It seems to me it of friends to others that You have been SCHEDULE is something we would want to do. It is to us. May we express Your loyalty, supported by the President, supported Mr. DOLE. Mr. President, there will faithfulness, and consistency. We are by Mickey Kantor, the former U.S. thankful for the lasting friendships es- be a period for morning business this Trade Representative. In fact, it was tablished and deepened over the years morning from 9 o’clock until 10 part of an agreement when I agreed to here in the Senate. These friendships o’clock. I ask unanimous consent that support it, standing with the President weather the storms of conflict, party from 9:45 a.m. until 10 o’clock, I might on the White House lawn—the GATT differences, and political tensions. have that 15 minutes. agreement which was part of that Today, on behalf of both parties, I ex- The ACTING PRESIDENT pro tem- agreement. I hope the administration press our gratitude to You, Father, for pore. Without objection, it is so or- would be helpful. our friend, BOB DOLE. Thank You for dered. As I understand, all the holds are on his commitment to You expressed so Mr. DOLE. From 10 o’clock to 12 the other side of the aisle. I would like faithfully in his leadership and service noon, the time will be under the con- to complete action on that before noon here in the Senate. He leaves the Sen- trol, I think, of Senator NICKLES. At 12 today. If it is not possible, it is not pos- ate this afternoon, but You know he o’clock or thereabouts, I will make a sible. Senator DASCHLE had indicated can never leave the place he holds in brief statement. Then there will be re- on Thursday he would be pleased to our hearts. Bless him with the knowl- cess until 2:15 for the weekly policy help. I am certain he will over the next edge of Your love and our esteem. In luncheons. At 2:15, the Senate will few hours. If anybody has any problems the name of Jesus. Amen. swear in SHEILA FRAHM, as a U.S. Sen- with that legislation, I think if they f ator, as my successor. understood it—and it is not very com- Following the swearing in, it is my plicated—it simply says that Congress APPOINTMENT OF ACTING understanding we will begin debate on should have a role, too. PRESIDENT PRO TEMPORE the budget resolution, the conference There is a great deal of concern by The PRESIDING OFFICER. The report, 10 hours, and votes, therefore, people all over America who may have clerk will read a communication to the are possible on the budget resolution lost their jobs to foreign competition— Senate from the President pro tempore conference report or any other items at least they believe they have lost [Mr. THURMOND]. that may be cleared for action. their jobs to foreign competition— The assistant legislative clerk read We are still trying to break the log- they are concerned about all these, as follows: jam on nominations. I am not certain whether it is GATT or NAFTA, all

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

S6021 S6022 CONGRESSIONAL RECORD — SENATE June 11, 1996 these trade agreements where we are It was that way on the Agriculture great honor—and a wonderful oppor- exporting jobs. This gives Congress the Committee. We would be locked in tunity to have had the privilege of responsibility and a role in determin- tough debate, arguments, differences of serving on some of the committees he ing whether or not we should withdraw views based on regional considerations, has served on, some he has chaired, and from the World Trade Organization. sometimes party differences. The to be a part of this Senate that has In my view, it is legislation that chairman from Georgia, Senator Tal- been led by BOB DOLE, the Senator should have been passed sometime ago. madge, was trying to get everybody to- from Kansas. I understand it is acceptable to the gether. Time after time after time it So we wish him all the best and know House if we can free it from the Senate. was BOB DOLE who ended up being the that he will enjoy many more successes Senator BYRD has had an interest in it. force and the catalyst that brought the and many more triumphs in the years He has improved it some. He has an committee to a point where it agreed ahead. We are confident of that, and we amendment, I think, that strengthens and reported out legislation. That leg- bid him a fond farewell. it more. It is not a partisan issue. I islation would ultimately become law. Mr. KYL addressed the Chair. hope we can clear it this morning. If Senator DOLE, as a member of the Fi- The PRESIDING OFFICER. The Sen- not, I know sometimes things do not nance Committee—I did not have the ator from Arizona is recognized. work in this place. good fortune to be a member there— f I also thank Chaplain Ogilvie for his but as chairman of that committee, I thoughts and his prayers. can recall his handling legislation on TRIBUTE TO SENATOR BOB DOLE Between now and 9:45, I assume the the floor of the Senate into the late Mr. KYL. Mr. President, I would like time will be equally divided. hours of the evening with the patience to join the Senator from Mississippi in f and the calm determination to see the paying tribute to the Senator from MORNING BUSINESS bill through, dealing with the compet- Kansas, the distinguished majority ing interests, the offering of amend- leader. All of us who have served in The ACTING PRESIDENT pro tem- ments, Democrats and Republicans this body can tell stories—even those pore. The Chair advises the majority alike, getting a fair hearing on their of us who have served a very short pe- leader there is a period of morning proposals of what should be in the bill riod of time, such as myself—that re- business with Senators permitted to and what should not be in the bill. And flect the qualities of BOB DOLE’s lead- speak not to exceed 5 minutes. finally, after sometimes days, bringing ership. Those of us who are partisan f that bill to a point where it would pass Republicans can only hope that a ma- GODSPEED TO SENATOR DOLE the Senate and then ultimately be en- jority of American citizens can get to Mr. COCHRAN. Mr. President, I rise acted into law. know BOB DOLE as well as we know to join all of those in the Senate today A legislative leader, in the truest him. If they do, then those of us who to wish Godspeed to our distinguished sense of the word, on a wide range of is- would like to see BOB DOLE be Presi- majority leader and colleague, BOB sues, some issues that other Senators dent know that the American people DOLE, as he departs the Senate and em- did not want to work on, like in the would choose wisely in that case. We barks upon his campaign for the Presi- Agriculture Committee, the nutrition recognize our partisanship in this mat- dency of the United States. I do not issues, working out the difficulties in ter, but I think even those who are on know of any other event that is more determining eligibility for food stamps, the other side of the aisle would ac- important to all of us or to the country for School Lunch Program participa- knowledge that the majority leader is this year than his election as Presi- tion, how much would the Federal Gov- a man of great character, judgment, dent. I am really glad in one sense to ernment contribute, how much would and leadership skills that, frankly, are see him concentrate his full energies State and local governments contrib- greater than most public servants who and attention on that objective. ute, how much would individuals have have the opportunity to represent peo- When I think about BOB DOLE’s leav- to pay for these benefits, and on and ple in this country. ing the Senate, I think about when I on, the minutia, the tough, hard deci- So I join with my colleague from came to the Senate he was already es- sions. He was there to help make those Mississippi in paying tribute to the tablished as one of the true legislative decisions and to help shape a consensus majority leader, and I wish him well in leaders of the Senate, although he oc- of support for legislation on those is- his future endeavors. cupied no elected position of leadership sues when others could not do it, did f in the Senate. It was my good fortune not bring the skill and the determina- A 15-PERCENT ACROSS-THE-BOARD to serve on two committees with him tion and the capacity to do it that BOB TAX CUT as a freshman Member of this body— DOLE brought to the challenge. the Agriculture Committee and the Ju- It was no wonder, when Howard Mr. KYL. Mr. President, I want to diciary Committee. He was not intend- Baker left the Senate in 1984, following speak for a few minutes this morning ing to serve on the Judiciary Commit- the elections that year, the Senate about a recommendation that has been tee that year either, but he was drafted turned to Bob DOLE and elected him made to the distinguished majority to serve. We did not have enough Mem- leader. He has proven himself over and leader by a group of economists. I am bers to fill out the ranks on the Repub- over again to be a confident, fair, cou- talking about the proposal to cut in- lican side. Senator KENNEDY from Mas- rageous, decisive leader, driven by come tax rates by 15 percent across- sachusetts just assumed the chairman- character, integrity, and the notion of the-board. I know that some people ship of that committee. It was a very what is good for the public interest, will criticize this as political, but, highly visible committee. not just what is good for the party in- frankly, in a representative democ- I recall Senator DOLE coming on the terest or partisan consideration, but racy, the whole idea is to do things committee. Of course, he had been a the general interests that serve the that the people want. I submit that if lawyer, a county attorney in Kansas. people of our great country. It is with the people respond positively to this He brought to that committee good that kind of leadership that we have idea, clearly, it will have been the judgment and experience on a number come to appreciate the genius of BOB right thing to do. I believe people will of issues. I can recall what I would DOLE and the outstanding way in which respond positively because they have think would be referred to as an ob- he has discharged the responsibilities been asking for tax relief. scure bill that year that the committee of leader. The point of an across-the-board cut worked on, which was bankruptcy re- We are going to have a tough job. I in tax rates is that it helps to stimu- form. After a lot of hearings, a lot of know that some people are talking late the economy. Therefore, it is the effort to resolve issues and to get a bill about the succession, and who is going most productive in terms of providing reported out, it was Senator DOLE who, to replace BOB DOLE. The fact is that for economic growth, which helps all when it appeared there was not going nobody is going to replace BOB DOLE. people. to be any action on that issue, came up Nobody has the capacity to do all the This is the kind of rate cut that pro- with a proposal that turned out to be things that he has done in the U.S. duced more revenues to the Treasury the centerpiece of bankruptcy reform. Senate. It has really been an honor—a under the administrations of John F. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6023 Kennedy and Ronald Reagan. This is time history of the United States and, President Clinton vetoed the balanced the kind of tax rate cut that has been importantly, revenues to the Treasury budget and tax relief package that Con- proposed and that I submit Majority increased between $60 billion and $80 gress sent him. Leader DOLE would be wise to call for billion a year. In the John F. Kennedy Until Congress forced President Clin- in his Presidential campaign. John F. administration, income tax rates were ton to get serious about limiting Fed- Kennedy, of course, said back in 1962, reduced from a range of 20 to 91 percent eral spending last year, deficits were ‘‘A rising tide lifts all boats,’’ to illus- to a range of 14 to 70 percent. Revenues forecast at $200 billion a year for the trate the point that across-the-board to the Treasury rose 66 percent by 1969. foreseeable future—despite record high tax rate cuts help everybody. It helps In the States it was the same thing. taxes. What that proves is that slug- the economy grow. Therefore, it does During former Governor DuPont’s ad- gish economic growth and overspend- not matter what place you are on the ministration in Delaware, in 1979, the ing, not a lack of revenue, are the real ladder of economic progress, whether top rate was cut from 19.8 percent to 7.1 causes of the Nation’s deficit problem. in the middle, or at the high end, or percent. By 1993, State revenues had Mr. President, I would note that rev- even at the lower end of the ladder; a doubled and employment increased by enues as a percentage of gross domestic growing economy helps everyone be- 36 percent. Welfare caseloads fell by 40 product [GDP] have actually fluctuated cause it provides for more job opportu- percent. around a relatively narrow band—18 to nities, it provides for more payment to The point I am trying to make here 20 percent of GDP—for the last 40 workers, more opportunities for sav- is really very simple. In this time when years. Revenues amounted to about 19 ings and investment and expansion of we are all focused on deficit reduction, percent of GDP when the top marginal the economy, which, as a result, helps there are a lot of people who are death- income tax rate was in the 90 percent everyone. ly afraid of reducing tax rates on the range in the 1950’s. They amounted to But the point that I want to briefly assumption that it will reduce reve- just under 19 percent when the top make this morning is that it also helps nues to the Treasury. In fact, they even marginal rate was in the 28 percent us in dealing with the problem of re- propose increasing tax rates. But the range in the 1980’s. Why the consist- ducing the Federal budget deficit and fact of the matter is that at least cer- ency? Because tax rate changes have a providing for the needs of Government. tain kinds of rate reductions—and this greater effect on how well or how poor- There is a paradox in economics that certainly includes across-the-board ly the economy performs than on the provides that, up to a certain point, ac- marginal income tax rate reductions— amount of revenue that flows to the tually reducing tax rates can provide have resulted in increased revenues to Treasury relative to GDP. more revenues to the Treasury. In the the Treasury every time they have In other words, how Congress taxes is brief minute or two I have this morn- been accomplished. more important than how much it can ing, let me address that a little bit Those who say that we cannot afford tax. The key is whether tax policy fos- more. a tax cut if we are serious about bal- ters economic growth and opportunity, Obviously, there are two tax rates ancing the budget seem to view the measured in terms of GDP, or results that produce no tax revenues to the economy as a zero-sum game. It is, in in a smaller and weaker economy. Treasury. One is 0 and the other is 100. my view, a very cynical view that Nineteen percent of a larger GDP rep- The point of mentioning 100 is to make seeks to divide people, baiting them resents more revenue to the Treasury the point that you can tax people too with envy and greed; no one can ever and is, therefore, preferable to 19 per- much—to the point that they will stop do better unless someone else does cent of a smaller GDP. doing the things that produce the reve- worse. It is like trying to divide a pie Mr. President, I want to conclude by nue that would then come into the into ever more slices, satisfying no one contrasting the proposed across-the- Treasury. When you have tax rates of in the process. board income tax rate cut with some of 90 percent or 80 percent or 70 percent, Some of us think that we should try the other tax cut proposals that have even, people find other things to do to make every American better off. We been offered. As Grover Norquist of with their money. Either they do not want to grow the economy—bake a big- Americans for Tax Reform said re- work as hard and generate the income, ger pie—so that all Americans can do cently, paraphrasing Mae West, ‘‘All or they find ways to shelter that in- better. That is what happened during tax cuts are good tax cuts, and even come or defer it so that they do not the Reagan years. I noted some of the bad tax cuts are good tax cuts.’’ In have to pay taxes. The result is that benefits of the Reagan tax cuts earlier other words, just about anything we do tax increases do not produce the reve- in my remarks, but other good things to leave more money in people’s pock- nues they are projected to produce. happened as well. Real median family ets is a good thing. That fact is true of the 1993 Clinton tax income grew every year but one be- I very strongly supported the $500- increase. People just changed their be- tween 1982 and 1989, rising $4,564 or 12.6 per-child tax credit that was in the havior as a result of the increased percent. Inflation virtually disappeared Balanced Budget Act last year. I co- taxes. by 1986, protecting all Americans, par- sponsored the proposal with Congress- The same thing is true when tax ticularly senior citizens on fixed in- man FRANK WOLF of Virginia when I rates are cut. When John F. Kennedy comes. served in the House of Representatives did it and when Ronald Reagan did it, And for those who suggest that it was with him in 1994. I would also support revenues to the Treasury increased the wealthiest who benefited most President Clinton’s proposed education dramatically. It is like having a week- from tax cuts, I would point out that credit. But the $500-per-child credit and end sale. The merchant does not do from 1981 through 1988, the share of all the education credit, unlike the pro- this to lose money when he reduces the income taxes paid by the top 1 percent posed 15-percent across-the-board rate price on his goods. He reduces the price of all taxpayers rose each and every cut, would help only families with chil- on the goods in order to attract more year from a low of 17.89 percent to a dren or those in pursuit of a college people to buy more goods so that even high of 27.58 percent. education. though he is making less per item, he The high-tax policies of the 1990’s The benefit of the across-the-board makes far more in gross terms. That is have had just the opposite effect. Real approach is that it reaches out to all exactly what happens when the Gov- median family income has declined Americans. Everyone would benefit. It ernment reduces marginal tax rates, $2,108 or 5.2 percent. Since the begin- says to the American people that we and what economists predict would ning of 1995, the economy has only trust them to spend their money in happen if there were an across-the- grown at a yearly rate of 1.6 percent. ways that are best for themselves and board 15-percent tax reduction in our More than a third of the new jobs cre- their families. It would allow people to income tax rate. ated have gone, not to people just en- keep more of every dollar earned from Under the Reagan administration, tering the work force or getting off of their extra effort in the work place—no Mr. President, not only did interest welfare, but to people who are taking matter what kind of work they do—and rates fall as a result of the tax rate an extra job just to make ends meet. from their extra investment—no mat- cut, but our economy grew for the Interest rates, which declined during ter what kind of investment they longest sustained period in the peace- most of 1995, are rising again after make. The broad nature of the tax cut, S6024 CONGRESSIONAL RECORD — SENATE June 11, 1996 applying to all forms of work and in- ity Leader ARMEY said on Sunday, ‘‘I current system of comprehensive insur- vestment, ensures that effort and cap- will not give up medical savings ac- ance is destroyed. We know whose ital are steered to the most productive counts,’’ and he dared the President to voice should be heard when Congress activities in the economy instead of veto the bill. The latest proposal clear- decides this issue—not the voices of those activities that the Government ly reflects this partisan strategy. greedy special interests, but the voices deems most important through tar- The Republican leadership pretends of those who depend on adequate insur- geted tax credits or deductions. their proposal is a fair attempt to deal ance to get the care they need at a It is also the fairest way to provide with concerns about medical savings price they can afford. tax relief. Everyone would be treated accounts. But it is nothing of the kind. The Kassebaum-Kennedy bill passed the same; tax rates would be cut 15 per- Under their proposal, medical savings the Senate by a bipartisan vote of 100 cent across the board, boosting take- accounts could be sold to all small to 0, without medical savings accounts. home pay and relieving a major source businesses and the self-employed im- It passed unanimously, because it con- of anxiety among people with middle mediately. This opens MSA’s to a mas- tained the noncontroversial, important and low incomes. sive market consisting of more than 40 insurance reforms that everyone Notably, a 15-percent rate cut would million workers—one-third of the Na- agreed on. The American people de- take revenues as a share of GDP back tion’s entire labor force. This is hardly serve to see those reforms enacted, not to where they were before Clinton took a controlled, limited test. jeopardized by the last-minute addition office—to 19.2 percent from the current Even more serious, experts agree of a partisan poison pill. 20.4 percent—effectively repealing the that the small business sector of the House Republicans should not turn a Clinton tax increase. health insurance market is the most bipartisan bill that could be passed by Therefore, I think it would be a very vulnerable to the disruption that medi- both Houses today and signed by the wise thing for Majority Leader BOB cal savings accounts would cause. The President tomorrow into just another DOLE in his quest for the Presidency— Joint Tax Committee concluded that election year issue. The American peo- and, frankly, for President Bill Clin- sales of medical savings accounts ple deserve a fair compromise on this ton, as he seeks reelection—to embrace would be concentrated in small- and highly controversial issue, and I con- the concept that the American people medium-sized firms. tinue to be hopeful that we can find a could not only do well individually as a The proposal would clearly go beyond satisfactory compromise to save this result of a reduction in income tax the bounds of what is acceptable, even needed bill. rates, but also that this would help to if it stopped there. But it does not. To those who genuinely believe that stimulate the economy and, ironically, After 3 years in which medical savings medical savings accounts offer an im- or paradoxically, as I said, end up pro- accounts are sold to this vast market, provement in the health care system, I viding more revenues to the Treasury the accounts would be expanded to ev- say let us work together to devise a to help us with deficit reduction and eryone. Only if both the House and fair test of the concept that will not the financing of all of the important Senate voted to stop the expansion put millions of American families at things that we want to finance as a re- would it be prevented. This is not a risk. The American people’s hopes for sult of the Federal Government’s ef- test. It is a travesty. insurance reform should not be held forts. The great danger of medical savings hostage to a partisan, special interest Mr. President, I hope that as this de- accounts is that they are likely to agenda. bate continues, we will be able to dis- raise health insurance premiums Mr. President, I yield the floor. cuss the concept of tax rate reductions. through the roof and make insurance Mr. GRAHAM addressed the Chair. I hope to cosponsor legislation to that unaffordable for large numbers of citi- The ACTING PRESIDENT pro tem- effect, and I hope we can begin the de- zens. They will discourage preventive pore. The Chair recognizes the Senator bate with the American people so that care and raise health care costs. They from Florida. Mr. GRAHAM. Mr. President, I ask a consensus can be developed and, as a are a multibillion-dollar tax giveaway unanimous consent to speak for 10 min- result of this election, we will have a to the wealthy at the expense of work- utes for purposes of introducing two mandate to reduce marginal income ing families and the sick. Their cost could balloon the deficit by tens of bil- bills. tax rates across the board. The ACTING PRESIDENT pro tem- f lions of dollars. The most troubling aspect of medical pore. Without objection, it is so or- REPUBLICAN PROPOSAL ON MEDI- savings accounts is the risk that they dered. Mr. GRAHAM. Mr. President, thank CAL SAVINGS ACCOUNTS AND will destroy the health insurance pool, you. THE HEALTH INSURANCE RE- and price conventional insurance out of FORM BILL (The remarks of Mr. GRAHAM pertain- the reach of most American families. ing to the introduction of S. 1859 are Mr. KENNEDY. Mr. President, yes- Medical savings accounts will raise located in today’s RECORD under terday, House and Senate Republicans premiums for the vast majority of ‘‘Statements on Introduced Bills and announced a compromise on medical Americans—especially those who are Joint Resolutions.’’) savings accounts. In reality, this com- sick and need coverage the most—by Mr. ROTH addressed the Chair. promise is a capitulation to House Re- siphoning the healthiest people out of The ACTING PRESIDENT pro tem- publicans who are more interested in the insurance pool. As premiums rise pore. The Chair recognizes the Senator creating an issue and serving a special for everyone else, more and more work- from Delaware. interest constituency than in passing a ing families will be forced to drop com- f bill. prehensive coverage. In the words of Medical savings accounts have be- the Congressional Budget Office, medi- TRIBUTE TO SENATOR BOB DOLE come the Trojan horse that could de- cal savings accounts ‘‘could threaten Mr. ROTH. Mr. President, it is dif- stroy health insurance reform. This un- the existence of standard health insur- ficult, if not impossible, to adequately tried and dangerous proposal does not ance.’’ Mary Nell Lenhardt, senior vice address the congressional career of our belong in the consensus insurance re- president of Blue Cross and Blue Shield departing majority leader in a 5- form bill. It has already been rejected concluded that MSA’s destroy ‘‘the minute floor statement. His accom- by the Senate. A bill containing it can- whole principle of insurance.’’ plishments in his 35 years as a Con- not be enacted into law and signed by The leading proponents of medical gressman and Senator—his successes the President. savings accounts are insurance compa- achieved while serving 11 years as Re- Democrats and the White House have nies like the Golden Rule Co., which publican leader—could fill volumes. offered a fair compromise, which would have been the worst abusers of the cur- Indeed, hours could be spent rehears- provide for a controlled and limited rent system. The strongest opponents ing BOB DOLE’s impressive record: His test of the MSA concept to see if it of medical savings accounts are organi- heroism in World War II; his early po- should be expanded. But the House Re- zations representing working families, litical career in the Kansas House of publican leadership has said that it senior citizens, consumers, and the dis- Representatives, followed by his suc- will be their way or no way. As Major- abled, who have the most to lose if the cesses here in Washington; his efforts June 11, 1996 CONGRESSIONAL RECORD — SENATE S6025 in 1964 to secure passage of the Civil this floor. Like other great majority can also generate cash for local govern- Rights Act; his historic work with Sen- leaders who have gone before, Senator ments to use to finance other nec- ator MOYNIHAN in 1983 to save the So- DOLE leaves his mark on this institu- essary improvement projects. Further- cial Security trust fund; his engineer- tion. As the Congressional Quarterly more, if impediments to these and ing the vote in 1991 to authorize U.S. recently pointed out, ‘‘ * * * as major- other public/private partnerships were forces to turn back Saddam Hussein’s ity leader, [Bob Dole] proved a point removed, it is estimated that as much tyranny in the Middle East; his support that badly needed proving * * *. The as $7.7 billion per year in new revenues for Kemp-Roth and the 22-percent re- Senate could be led.’’ could be generated through Federal in- duction in income taxes that ushered f come taxes paid by the private owners America into the longest peacetime of facilities that would be exempt PUBLIC/PRIVATE PARTNERSHIPS economic expansion in history; his under public ownership. FOR WASTEWATER TREATMENT staunch stand against President Clin- In addition to these fiscal consider- FACILITIES ton’s 1993 record-setting $241 billion tax ations, public/private partnerships in increase. Mr. LOTT. Mr. President, I rise today the wastewater treatment area also These are only a few of the mile- to urge action to foster public/private further environmental goals that stones in BOB DOLE’s journey from partnerships for wastewater treatment might otherwise be indefinitely de- modest beginnings in America’s heart- facilities. Today, Federal regulations layed. EPA estimates that existing and land to his noble objective today. Time and the tax code inhibit the ability of additional publicly owned treatment will not permit us to go beyond a few State and local governments to create works and other wastewater infrastruc- random milestones. But then again, public/private partnerships. By getting ture needs will require approximately Mr. President, the truth is that the Washington out of the way, local gov- $137 billion in capital investment over greatest leaders need the least amount ernments can acquire the much needed the next 20 years to comply with Clean of praise. They have written their sto- freedom to better manage competing Water Act requirements. Even the ries in the hearts and minds of the peo- demands for scarce governmental re- most optimistic scenarios give no rea- ple they serve. sources, and to make infrastructure son for blithe confidence that such Senator BOB DOLE has done just that. and servicing decisions that are best enormous sums will be readily avail- His story is one of courage, persist- for their citizens and the environment. able from Federal or State and local ence, character, discipline, and deter- What, my colleagues might ask, are treasuries. Given that qualified, experi- mination—the determination to over- public/private partnerships, and why do enced private companies can finance, come odds that would have vanquished they make good sense for wastewater build, own and operate wastewater a lesser individual. He is a man of deep treatment? treatment facilities in a cost-effective convictions and proven abilities. And The answer is that public/private and reliable manner, we should take everyone who has had the opportunity partnerships are voluntary, coopera- advantage of this opportunity to en- to serve with him understands that tive arrangements between a State or courage State and local governments just as solid as his past record, is his local government and a private sector to look to the private sector to meet vision for the future. He has outlined entity whereby that private sector en- the needs of their communities, use that vision in absolute terms. And with tity agrees to perform a public purpose scarce dollars to meet other pressing BOB DOLE there are no surprises. As service that would otherwise require needs, and simultaneously achieve the long as I have known him, his words the government to perform as well as environmental goals of the Clean have been exceeded by his deeds. pay for the service. In the wastewater Water Act. I believe that at the center of BOB treatment context, for example, it in- In light of these benefits of public/ DOLE’s vision is his economic message, volves a private entity building, im- private partnerships for wastewater, that we ‘‘deal with the deficit, proving, maintaining, and operating, one might ask: What’s the problem; and * * * couple that with tax cuts.’’ under long-term lease or as owner, sew- why have they not gone forward in Toward this end, Senator DOLE is both age treatment plants. The private en- more of the many communities that tenacious and pragmatic. He knows the tity invests private sector capital to see them as desirable; and why is legis- correlation between low taxes and eco- build or upgrade a plant to meet Clean lation needed? nomic growth, and he has proposed se- Water Act standards and other legal re- Federal legislation is needed because rious tax cuts. quirements. The State or local govern- three aspects of current law either im- BOB DOLE has been an effective leader ment and the Federal Government are pede or fail to provide adequate incen- during a time when this body addressed spared the need to spend scarce public tives and certainty for these partner- some of the most critical issues in his- funds on these plants, while retaining ships. tory: The need for a balanced budget the ability and authority to ensure First, Federal regulations discrimi- amendment; the need to strengthen compliance with all laws and reliable, nate against private entities owning and preserve Medicare; the need to pro- fairly priced service to their citizens. public purpose wastewater treatment vide effective, portable, and affordable Such public/private partnerships cut works by denying them the domestic health care coverage for Americans; costs and improve services. The private sewage exemption available to a public the need to guarantee the future of So- owner/operator is held accountable by owned treatment work [POTW] under cial Security; the need to keep a strong local government to the citizens it the Clean Water Act. It is impossible defense—a defense marked by high mo- services, to ensure that it maintains for a private entity to own and operate rale and the best, most effective mate- quality service and competitive pric- a plant under a partnership agreement riel available. He understands these is- ing. Studies have shown that private unless that plant is considered a sues intimately—as well as anyone— operation of public purpose facilities POTW. and he knows what must be done to see can result in a savings to State and Second, there is no Federal statutory that these need are met. local taxpayers of between 16 and 77 assurance that local governments may Mr. President, I will miss BOB DOLE. percent because of the superior exper- transfer existing treatment plants to And though I wish him all the best in tise and specialization of private firms private firms without having to pay his new endeavors, I will miss his daily as well as the built-in incentives that back to the Federal Government the leadership here on the Senate floor. I are created through competition. As Federal grant money originally used to will miss his quick wit; his sense of EPA has recognized, private companies build or improve the plant. The Clean humor. I will miss his deliberate style, often can also construct, improve, and Water Act contains no such require- and his uncanny ability to turn asser- maintain facilities more cost effec- ment, but Federal regulations require tive and aggressively intellectual into tively than can the government by tak- total repayment for transfers of a cohesive team. ing advantage of economies of scale wastewater and other infrastructure to On a personal note, I am grateful for and cost-reducing advances in tech- a private entity. Recognizing the coun- the chance I have had to serve with nology long before their public coun- terproductive effects of those require- BOB DOLE. I am grateful for our friend- terparts. Transferring a wastewater ments, Presidents Bush and Clinton is- ship, for our years working together on treatment facility to a private entity sued Executive order requiring only S6026 CONGRESSIONAL RECORD — SENATE June 11, 1996 partial payback for certain wastewater for everyone. Removing the Federal ob- which of us are for less Washington plant transfers. Legislation is needed stacles to public/private partnerships spending; which of us are for more to address this issue in law and provide for wastewater treatment does not cut taxes and which of us are for less taxes. certainty to communities for planning. government service, it only cuts gov- And most importantly, which of us are Finally, the Tax Code also hinders ernment restrictions and burdens— willing to do what’s necessary to stop private investments in wastewater something we in America need to be the stranglehold that the deficit places treatment facilities. In order to stimu- doing. Doing so will also save money, on our economic future. late public/private partnerships for yield environmental benefits, and serve Some say deficits don’t matter. But wastewater treatment, it is essential as a pilot for similar challenges by fos- the fact is that the Federal budget defi- to ensure that Federal tax provisions tering an innovative, market-based ap- cit is like a tax hike on working fami- do not discourage private sector in- proach without increasing the burden lies. vestment and long-term operation of on State and local governments. The deficit drives up interest rates— treatment plants. The changes to the f and not by a little but by a lot. It is a Tax Code I have in mind are appro- stealth tax that every family with a FISCAL YEAR 1997 BUDGET priate for wastewater treatment facil- home, every father and mother with a RESOLUTION ity public/private partnerships because child in college, every young person these transactions will not alter the Mr. DOLE. Mr. President, soon the who buys a car must pay, and pay, and original public purposes served by Senate will act on the conference re- pay. wastewater treatment facilities—pro- port on the fiscal year 1997 budget reso- What does this stealth tax cost in viding wastewater services to commu- lution. I had hoped that the Senate dollars? Over $36,000 on a typical home nities. I would be delighted to provide could have passed this conference re- mortgage. More than $1,400 on an ordi- my colleagues with details of these im- port by today, but final action will nary student loan. Nearly $700 on a portant changes. occur soon. typical car loan. Legislative initiatives seeking to ad- When the Senate passes the fiscal Remember that in 1994, the Federal dress some of these problems have been year 1997 budget resolution, it will be Government spent $203 billion in inter- undertaken, but they are either doing important work because no pol- est on the Federal debt—more than it trapped in a more comprehensive bill icy is more important to the economic spent on education, job training, public or address a broad array of public/pri- future of all Americans, and particu- works, and child nutrition combined. vate partnerships extending well be- larly to the future of our children, than In 1994, Americans paid an average of yond wastewater treatment. Moreover, a balanced budget. $800 per person in taxes just to service none of the initiatives thus far address- We will also be fulfilling our promise interest on the debt—again, not to pay es the significant disincentives created to the American people to balance the off the debt or even to reduce the debt, by provisions of the Tax Code. budget by the year 2002. I am proud of just to pay the interest on the debt. The House has taken steps to address our achievement in keeping our prom- We simply cannot continue to mort- some of these points. The Clean Water ise to the American people and I am gage America’s future. If we continue Act Amendments of 1995, H.R. 961, proud of this budget. current tax and spending policies, fu- passed by the House a year ago, in- The fiscal year 1997 budget resolution ture generations will be saddled with cludes provisions that statutorily de- balances the Federal budget in 6 years. effective tax rates of more than 80 per- fine public owned treatment works so It reduces overall Federal spending cent. that regulations are based on the pur- by more than $700 billion over the next Mr. President, let’s do what’s right. pose and actual operations of a 6 years. Let’s pass the fiscal year 1997 budget wastewater treatment facility rather It provides family tax relief of $122 resolution. Let’s do everything we can than the identity of its owner. It would billion for a $500-per-child tax credit to this year to preserve the American provide the legal certainty necessary help America’s working families. dream of economic security for future for State and local governments to It provides for real welfare reform. generations of Americans. Our children transfer wastewater treatment facili- And it would prevent the Medicare and our grandchildren deserve no less ties to qualified private sector compa- program from pending bankruptcy. The from us. nies. In addition, it provides for a grant Medicare trustees reported last week Mr. President, I yield the floor. I sug- repayment approach whereby the State that Medicare is going broke more gest the absence of a quorum. and local governments are able to re- quickly and in this budget we save The ACTING PRESIDENT pro tem- cover their investment in the Medicare from bankruptcy in the year pore. The clerk will call the roll. wastewater treatment facility, and 2001. The assistant legislative clerk pro- then are only required to repay the That’s why this is a good conference ceeded to call the roll. undepreciated portion of any Federal agreement. It represents some com- Mr. DOLE. Mr. President, I ask unan- grants. While the House provision on promises between the House and the imous consent that the order for the grant repayment is a step in the right Senate. No one got everything they quorum call be rescinded. direction, I believe that the Federal- wanted. But it’s the right budget for The ACTING PRESIDENT pro tem- aid Facility Privatization Act, S. 1063, now and for putting us on strong pore. Without objection, it is so or- of which I am a cosponsor, takes a bet- course for the next century. dered. ter approach to the difficult problem Mr. President, it is no small accom- faced by municipalities that are con- plishment that all of us now agree that f fronted with deteriorating infrastruc- the budget should be balanced by the ture of all kinds, obsolete technology, year 2002. That’s a big change from this tougher regulatory requirements, and a time last year when we were debating ORDER OF PROCEDURE shortage of funds to finance and oper- the budget. Now it’s not just Repub- Mr. DOLE. Mr. President, let me in- ate the wide variety of essential infra- licans saying it, but all of us, from Re- dicate in advance, I want to get con- structure projects that need improve- publicans to blue dog Democrats to the sent in a second to proceed to some ment. S. 1063 improves on the House President. That in itself is good news nominations. There are 34. We are still grant repayment provision by allowing for America. trying to clear others. I still hope we total forgiveness of those grants. The But we’re not there yet. Last year we can clear some of the judges. I ask my local governments are really the best passed the first balanced budget in a friends on both sides of the aisle to see ones to decide how to use the money generation. But President Clinton ve- if they cannot come together here in the Federal Government has given toed it. the next hour or two and free up many them for public purposes. I hope all Senators will support this of the judicial nominations. But we are Mr. President, I would hope that my budget resolution to finally get the job making progress. I think this is some colleagues will consider this matter done. This budget will help define for indication of that. I thank my col- carefully, and that we can get together the American people which of us are leagues and Senator DASCHLE and his and do it soon. It should be a win-win for more Washington spending and colleagues. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6027 EXECUTIVE SESSION and Information Science for a term expiring ed States of America to the Republic of July 19, 2000. Chad. CORPORATION FOR NATIONAL AND COMMUNITY Prudence Bushnell, of Virginia, a Career EXECUTIVE CALENDAR SERVICE Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraor- Robert B. Rogers, of Missouri, to be a Mr. DOLE. Mr. President, I ask unan- dinary and Plenipotentiary of the United Member of the Board of Directors of the Cor- imous consent that, in executive ses- States of America to the Republic of Kenya. poration for National and Community Serv- sion, the Senate proceed en bloc to the Morris N. Hughes, Jr., of Nebraska, a Ca- ice for a term of three years. (New Position) following nominations on today’s Exec- reer Member of the Senior Foreign Service, utive Calendar: Nos. 490, 491, 492, 495, HARRY S TRUMAN SCHOLARSHIP FOUNDATION Class of Counselor, to be Ambassador Ex- 496, 497, 540, 541, 542, 549, 550, 551, 552, Elmer B. Staats, of the District of Colum- traordinary and Plenipotentiary of the Unit- 553, 556, 557, 558, 559, 562, 564, 565, 566, bia, to be a Member of the Board of Trustees ed States of America to the Republic of Bu- of the Harry S Truman Scholarship Founda- 567, 568, 569, 570, 571, 572, 578, 601, 602, rundi. tion for a term expiring December 10, 2001. DEPARTMENT OF JUSTICE 603, 604, 605, and all nominations placed (Reappointment) on the Secretary’s desk in the Coast John R. Lacey, of Connecticut, to be a NATIONAL MUSEUM SERVICES BOARD Guard. Member of the Foreign Claims Settlement The ACTING PRESIDENT pro tem- David A. Ucko, of Missouri, to be a Mem- Commission of the United States for a term ber of the National Museum Services Board pore. Without objection, it is so or- expiring September 30, 1998. (Reappointment) for a term expiring December 6, 1999. NUCLEAR REGULATORY COMMISSION dered. Alberta Sebolt George, of Massachusetts, Mr. DOLE. I further ask unanimous to be a Member of the National Museum Hubert T. Bell, Jr., of Alabama, to be In- consent that the nominations be con- Services Board for a term expiring December spector General, Nuclear Regulatory Com- firmed en bloc; that the motions to re- 6, 1998, vice Ruth K. Watanabe, term expired. mission. NATIONAL TRANSPORTATION SAFETY BOARD consider be laid upon the table; that NATIONAL INSTITUTE FOR LITERACY ADVISORY any statements relating to the nomina- BOARD James E. Hall, of Tennessee, to be Chair- tions be placed in the RECORD; that the Audrey Tayse Haynes, of Kentucky, to be a man of the National Transportation Safety President be immediately notified of Member of the National Institute for Lit- Board for a term of 2 years. (Reappointment) the Senate’s action; and further, that eracy Advisory Board for a term expiring Oc- DEPARTMENT OF DEFENSE the Senate then return to legislative tober 13, 1998. Robert E. Anderson, of Minnesota, to be a Mary Dodd Greene, of Texas, to be a Mem- Member of the Board of Regents of the Uni- session. ber of the National Institute for Literacy The ACTING PRESIDENT pro tem- formed Services University of the Health Advisory Board for a term expiring October Sciences for a term expiring June 20, 2001. pore. Without objection, it is so or- 12, 1998. Lonnie R. Bristow, of California, to be a dered. Mark Edwin Emblidge, of Virginia, to be a Member of the Board of Regents of the Uni- The nominations considered and con- Member of the National Institute for Lit- formed Services University of the Health firmed, en bloc, are as follows: eracy Advisory Board for a term expiring Sciences for a term expiring June 20, 2001. LEGAL SERVICES CORPORATION September 22, 1998. Shirley Ledbetter Jones, of Arkansas, to LaVeeda Morgan Battle, of Alabama, to be Toni G. Fay, of New Jersey, to be a Mem- be a Member of the Board of Regents of the a Member of the Board of Directors of the ber of the National Institute for Literacy Uniformed Services University of the Health Legal Services Corporation for a term expir- Advisory Board for a term expiring October Sciences for a term expiring May 1, 2001. 12, 1998. ing July 18, 1998. (Reappointment) IN THE COAST GUARD Richard L. Morningstar, of Massachusetts, John N. Erlenborn, of Illinois, to be a Coast Guard nominations beginning Vin- Member of the Board of Directors of the for the rank of Ambassador during his tenure of service as Special Advisor to the President cent Wilczynski, and ending James R. Dire, Legal Services Corporation for a term expir- which nominations were received by the Sen- ing July 13, 1998. and to the Secretary of State on Assistance to the New Independent States (NIS) of the ate and appeared in the Congressional Edna Fairbanks-Williams, of Vermont, to Record of April 19, 1996. be a Member of the Board of Directors of the Former Soviet Union and Coordinator of NIS Assistance. Coast Guard nomination of Andrew J. Legal Services Corporation for a term expir- Sorenson, which was received by the Senate ing July 13, 1998. (Reappointment) Dane Farnsworth Smith, Jr., of New Mex- ico, a Career Member of the Senior Foreign and appeared in the Congressional Record of HARRY S TRUMAN SCHOLARSHIP FOUNDATION Service, Class of Minister-Counselor, to be May 22, 1996. Norman I. Maldonado, of Puerto Rico, to Ambassador Extraordinary and Pleni- STATEMENT ON THE NOMINATION OF AUDREY be a Member of the Board of Trustees of the potentiary of the United States of America TAYSE HAYNES Harry S Truman Scholarship Foundation for to the Republic of Senegal. Mr. FORD. Mr. President, I rise a term expiring December 10, 1999. George F. Ward, Jr., of Virginia, a Career Luis D. Rovira, of Colorado, to be a Mem- today in support of the nomination of Member of the Senior Foreign Service, Class Audrey Tayse Haynes to the National ber of the Board of Trustees of the Harry S of Minister-Counselor, to be Ambassador Ex- Truman Scholarship Foundation for a term traordinary and Plenipotentiary of the Unit- Institute of Literacy Advisory Board. expiring December 10, 2001. ed States of America to the Republic of Na- Audrey Tayse Haynes, a fellow Ken- BARRY GOLDWATER SCHOLARSHIP AND mibia. tuckian, is a distinguished community EXCELLENCE IN EDUCATION FOUNDATION Sharon P. Wilkinson, of New York, a Ca- and business leader. She currently Donna Dearman Smith, of Alabama, to be reer Member of the Senior Foreign Service, serves as the executive director of a Member of the Board of Trustees of the Class of Counselor, to be Ambassador Ex- Business and Professional Women Barry Goldwater Scholarship and Excellence traordinary and Plenipotentiary of the Unit- U.S.A. and the National Federation of in Education Foundation for a term expiring ed States of America to Burkina Faso. Business and Professional Women’s March 3, 1998. Kenneth C. Brill, of California, a Career Member of the Senior Foreign Service, Class Foundation. SAINT LAWRENCE SEAWAY DEVELOPMENT Audrey’s credentials are outstanding CORPORATION of Minister-Counselor, to be Ambassador Ex- William L. Wilson, of Minnesota, to be a traordinary and Plenipotentiary of the Unit- and her background in education is ex- Member of the Advisory Board of the Saint ed States of America to the Republic of Cy- emplary. Aside from receiving her Lawrence Seaway Development Corporation. prus. bachelors degree and her masters de- Day Olin Mount, of Virginia, a Career COMMUNICATIONS SATELLITE CORPORATION gree in social work from two of Ken- Member of the Senior Foreign Service, Class tucky’s finest institutions of higher Barry M. Goldwater, Sr., of Arizona, to be of Minister-Counselor, to be Ambassador Ex- a Member of the Board of Directors of the traordinary and Plenipotentiary of the Unit- education, Spalding University and the Communications Satellite Corporation until ed States of America to the Republic of Ice- University of Kentucky, Audrey served the date of the annual meeting of the Cor- land. as the executive director of the Ken- poration in 1998. (Reappointment) Charles O. Cecil, of California, a Career tucky Literacy Commission from 1989 Peter S. Knight, of the District of Colum- Member of the Senior Foreign Service, Class to 1993. In addition, she has served as a bia, to be a Member of the Board of Directors of Minister-Counselor, to be Ambassador Ex- member of both the Kentucky State of the Communications Satellite Corpora- traordinary and Plenipotentiary of the Unit- tion until the date of the annual meeting of Board for Elementary and Secondary ed States of America to the Republic of Education and the National Associa- the Corporation in 1999. (Reappointment) Niger. NATIONAL COMMISSION ON LIBRARIES AND David C. Halsted. of Vermont, a Career tion of Literacy Directors. She has also INFORMATION SCIENCE Member of the Senior Foreign Service, Class received the honor of being a distin- C.E. Abramson, of Montana, to be a Mem- of Minister-Counselor, to be Ambassador Ex- guished recipient of the Martha ber of the National Commission on Libraries traordinary and Plenipotentiary of the Unit- Wilkinson Education Award. S6028 CONGRESSIONAL RECORD — SENATE June 11, 1996 Audrey Tayse Haynes has made sig- The assistant legislative clerk pro- ments on Introduced Bills and Joint nificant contributions to the Common- ceeded to call the roll. Resolutions.’’) wealth of Kentucky through her tenure Mr. DOLE. Mr. President, I ask unan- f as director of human resource develop- imous consent that the order for the CAMPAIGN FINANCE REFORM ment for the Kentucky Department of quorum call be rescinded. Mental Health and Retardation, as di- The ACTING PRESIDENT pro tem- Mr. DOLE. Mr. President, later today rector of prevention and training pro- pore. Without objection, it is so or- I will introduce a bipartisan commis- grams at training and development re- dered. sion bill on campaign finance reform, sources and as a chemical dependency f something I talked about in 1990—not counselor. The combination of last week or last year, and it is in the IDEA Audrey’s background in education and RECORD. In fact, Senator Mitchell and I human services with her excellent Mr. DOLE. Mr. President, on April 14, even experimented with our own limits leadership ability make her an ideal 1969, I gave my first speech on the Sen- commission. The problem was there candidate for the National Institute of ate floor. I spoke about people with dis- was not any enforcement there, so Con- Literacy Advisory Board. I whole- abilities—the challenges they face in gress did not do anything. heartedly support this nomination and their daily lives and how appropriate I am no rocket scientist, and I have urge my colleagues to vote to confirm services can make a big difference by been here long enough to know that if Republicans were in charge, we will try this deserving nominee. I thank the giving them a shot at opportunities to have a bill better for us, and if the Chair and I yield the floor. others take for granted. Thus, as I Democrats are in charge, they will f leave the Senate today, it is with a sense of symmetry and continuing mis- want a bill that is better for them. I LEGISLATIVE SESSION sion that I am pleased today to rise in will introduce a bill later, along with a The ACTING PRESIDENT pro tem- support of the Individual with Disabil- statement calling for a bipartisan com- pore. Under the previous order, the ities Education Act. mission which would have some teeth Senate will now return to legislative I might say, we hoped to have that in it so, if they made recommenda- session. cleared. There is some problem. tions, Congress would act up or down. I hope it is something we could get our f IDEA, as it is often called, gives States important financial help to edu- arms around. It will not happen soon, WORLD TRADE ORGANIZATION cate students with disabilities and, in but I think we need to focus on it. Mr. DOLE. Mr. President, I will not turn, provides students with disabil- We are into another election cycle. I make a unanimous-consent request, ities with the guarantee of a free and know there is a lot of criticism by a lot but I will just say, again, a word about appropriate public education. of people about fundraising. None of us the WTO modification, the World Mr. President, there are some issues likes to do it. I do not. I believe we can Trade Organization. that transcend politics, foster a bipar- address this in a responsible, objective As I indicated earlier this morning, it tisan spirit, and result in legislation way by finding people outside of poli- seems to me it is not a partisan meas- that makes a real and lasting dif- tics who understand the problem and can deal with it and treat all of us fair- ure. It just gives Congress some input, ference. In my view, disability has al- ly, whether we are, again, Republicans some authority and some responsibil- ways been one of those issues. or Democrats. I yield the floor. ity. We know the American people are Perhaps no legislation has been more The ACTING PRESIDENT pro tem- concerned about job loss, about export- important in improving opportunity pore. The Chair advises that under a ing jobs and about all these inter- for young people with disabilities than previous order, the time between 10 national faceless, nameless bureau- IDEA. In 1975, I was honored to help o’clock and 12 noon is under the con- crats who make decisions that might craft the first IDEA legislation. trol of the Senator from Oklahoma. impact on their job. So it occurred to At that time, as unbelievable some The Chair recognizes the Senator from me the Congress should have some say, may find it today, millions of young Oklahoma. and we should be able to initiate with- people were not allowed into school, f drawal from the World Trade Organiza- simply because they had a disability. tion. IDEA has helped change that, and TRIBUTE TO SENATOR BOB DOLE I think if we go back and look at the IDEA is as important today as it was 21 Mr. NICKLES. Thank you, Mr. Presi- past, we will find that most Presidents years ago. But the world has changed, dent. I yield to the Senator from Kan- are reluctant to do that, regardless of and so, too, must IDEA. sas, Senator KASSEBAUM, 5 minutes. party. So this would give Congress, This latest reauthorization bill cuts Mrs. KASSEBAUM. Mr. President, I Democrats and Republicans—probably administrative redtape, provides think it is appropriate that Senator working together—a right to initiate States more flexibility in spending DOLE, in one of his last acts of the Sen- withdrawal from the World Trade Orga- Federal funds, demands greater ac- ate, introduced legislation to provide nization. To me, those who voted countability for educational results for security of the Medicare trust fund. against NAFTA or GATT—this per- and helps educators maintain safe It was his strong endorsement and tains only to GATT, the World Trade schools—without sacrificing any of the leadership at the beginning of the Organization—but this would be send- important protections IDEA gives stu- 1980’s that addressed the solvency of ing a very strong signal. dents with disabilities. the Social Security system. Just yes- It would also, I think, be helpful; it I want to acknowledge the hard work terday, he was instrumental in bring- might send a strong enough signal that of Senators FRIST and HARKIN. Their ing a number of us together to address some of our unfair competitors in for- efforts have paid off in a good bill, and the concerns of health insurance re- eign countries understand that we are I congratulate them. form. It is my hope we can reach across serious about this. We are concerned Mr. President, I do not know what the aisle and forge with the adminis- about American jobs, whether they be judgments historians of the future will tration a lasting piece of legislation in Georgia or Kansas, wherever, and make of my record in the Senate. But, addressing many of the concerns re- that we in Congress are accountable. for me, I can think of no more impor- garding health insurance reform. We are on the ballot every 6 years or tant issue in a personal sense than dis- For nearly 18 years, Mr. President, every 2 years. ability, one that I have pursued with Senator DOLE and I have served as So I hope sometime before—let us more constancy or greater pride, or has partners in representing Kansas in the just pick a number, say 2 o’clock—we made a greater difference in people’s U.S. Senate and in working on many can clear this and pass it. If not, I will lives. I hope others will reflect that other issues. We have not always leave it up to my friend from Georgia what I did was right, not merely con- agreed, but far more often we have to take care of it after I am gone. venient. agreed. More importantly, Mr. Presi- I suggest the absence of a quorum. (The remarks of Mr. DOLE pertaining dent, we have respected each other’s The ACTING PRESIDENT pro tem- to the introduction of S. 1856 are lo- dedication. Today, that partnership pore. The clerk will call the roll. cated in today’s RECORD under ‘‘State- ends, at least in its current form. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6029 This day creates many mixed emo- no doubt at all that he will do that job phrases—words to be used for a holiday tions. Like others in this Chamber, I and meet that challenge. BOB DOLE is a speech. For BOB DOLE, it is the stand- will miss BOB DOLE’s steady presen- remarkable man with an extraordinary ard under which he has led his life—a tation and his can-do attitude that has life story, yet on this day all I can offer badge of honor he wears even today. helped the Senate through so many him is a heartfelt thank you for all The 3 years and nine operations it rough times. I know Kansans also view that he has done for me and for Kansas took for BOB to rehabilitate required his departure with some trepidation. and the Nation. strength and perseverance, a burden At the same time, I believe that Sen- I yield the floor. too great for some to carry. But BOB ator DOLE has made the right choice by Mr. NICKLES. Mr. President, I thank DOLE was never one to give up—not deciding to focus all of his time, en- the Senator from Kansas for her elo- even under the most difficult of cir- ergy, and skill on the Presidential quent remarks. She has known Senator cumstances. campaign. It is a mark of his dedica- DOLE and worked with Senator DOLE His determination to recover and get tion and commitment that he would maybe closer than any of us over the back on his feet was backed up by the give up so much in order to bring his last several years. She, likewise, will now-legendary support of his friends, very best to the challenge at hand. It be retiring this year and certainly will family and community, when the peo- also, I think, marks his confidence. be missed by all of us in this body. She ple of Russell passed around a cigar box In our years together here, BOB DOLE has brought a certain degree of civility to raise the $1,800 needed to pay BOB’s and I have created a spirit of coopera- that is certainly needed in this body. I medical bills. tion and teamwork in representing our compliment Senator KASSEBAUM for BOB has never forgotten their gener- State. There is no one who understands her statement. osity. He still keeps that cigar box, the middle America and grassroots senti- Next, I call on Senator GRAMS from receipts and the love and support they ment better than BOB DOLE. That is Minnesota. represent in his office, and recalling where his roots are. We have joined Mr. GRAMS. I thank the Senator. those days still overwhelms him with forces many times to see the needs of Mr. President, I want to pay tribute to heartfelt emotion. Kansans were addressed and that the a man who, for 20 some years, while in Upon recovering from his war inju- the broadcast news industry, I used for concerns of Kansans were voiced clear- ries, BOB wanted to give something sound bites and sources of information. ly and forcefully. I could not have back to his community—he chose pub- I have now had the pleasure, over the asked for a better partner in helping lic service. Since receiving his law de- last 2 years, to work with him in the me. I hope my support for him in those gree in 1952, public service has been ex- Senate and am now able to call him a efforts has been worthwhile as well. actly what BOB DOLE’s life has been friend. Our work together has ranged across about. Public service has led him all BOB DOLE’s name alone stirs up many the spectrum of issues and problems. images among the American people. the way to the U.S. Senate, and now, Countless hours were spent helping the White House. BOB DOLE—war hero, Congressman, farmers get through the credit crunch The character traits that BOB DOLE Senator, party chairman, majority of the 1980’s. No one understood that leader, Presidential candidate. learned since his humble beginnings in OB OLE better than B D . Today, there are Yet, when I think of BOB DOLE, other small town America have been re- family farms across our State and our words come to mind: midwesterner, flected in his everyday work as a Sen- Nation who still work their own lands mentor, colleague, and most of all, ator. due to BOB DOLE’s leadership. friend. I’m sure that all of us in this BOB has consistently worked for a We have gone to bat repeatedly to as- Chamber feel the same way, and today, Government that serves the people but sist our aviation manufacturers to get we honor BOB DOLE, our leader, our dis- is a accountable to the taxpayers who fair treatment in world markets. tinguished colleague from Kansas, our pay for it, and a society that is based Today, there are thousands of aircraft friend. on people helping people without creat- workers producing airplanes that As BOB leaves Washington to return ing a permanent dependency on Gov- might never have been sold without home back to the heartland of our ernment. BOB DOLE’s firm hand and persistent ef- great Nation, I wanted to share some of These principles have been apparent forts. Senator DOLE took the lead in my thoughts about this man whose life in his efforts to balance the Federal the effort to rebuild McConnell Air story and distinguished career reflects budget, return hard-earned tax dollars Force Base in Wichita, KS, after a dev- the very values we cherish most as to the middle class, overhaul the wel- astating tornado swept through the Americans. fare system, and preserve programs outskirts of Wichita. He saw to it that BOB was born and raised in Russell, like Medicare for generations to come. every small town in Kansas had a tor- KS—living the small town American I am proud to say that I had the op- nado warning siren to protect its citi- life about which legends are made. His portunity to stand at BOB DOLE’S side zens. family was not wealthy; in fact, during during these debates, to have worked Mr. President, through all of these the Depression, the Doles, like many with him in making our Nation a bet- years, no challenge has been too large families, had to put together just to ter place for our children and grand- and no concern has been too small for make ends meet, moving into the base- children. Senator DOLE. Our State motto is ad ment of their home in order to rent out But BOB has been more than just a astra per aspera, ‘‘to the stars through the rest of their house. colleague—he’s been my friend. When I difficulties.’’ I have never known Sen- As a young man, BOB worked as a campaigned for my seat in the Senate, ator DOLE to not look at a challenge popular soda jerk at a local drug store, BOB came into Minnesota five times. and find a way to address it. He has learning early on the lessons of hard As a fellow Midwesterner, BOB knows been a tireless champion for our State work, fiscal responsibility and the my State, its people, and our heritage. in every farm bill, every tax bill, every value of a hard-earned dollar. Minnesotans like BOB DOLE; he is one bill of any kind that touched Kansas Growing up in Kansas taught BOB the of us. and, more importantly then, by exten- importance of patriotism and sacrifice. BOB’s friendship extends beyond the sion, the Nation. As a direct result of It’s not surprising that at the age of 19, 1994 campaign. Shortly after arriving his efforts, our State is a better place BOB answered the call to serve his in the Senate, I got caught up in one of to live, to work, and to go for school. country by joining the Army to fight last year’s biggest fights over national His legacy is written not merely in in World War II. policy: whether or not to include tax laws but in a better life for every Kan- And by now, everyone should be fa- cuts in the budget. I promised the peo- san. miliar with the story of BOB crawling ple of Minnesota that I would not sup- It is with a mixture of regret and out of his foxhole during heavy shelling port a budget that did not include tax pride that I say goodbye to Senator in the hills of Italy to save a wounded relief for the middle class. DOLE today. We will miss him deeply. I colleague, only to be hit by Nazi ma- BOB understood my pledge, and will miss him most of all. I know that chinegun fire. though he could not, as Senate major- there is other work for him to do now, There are some for whom love of ity leader, take public sides on the de- other challenges to be met, and I have country and self-sacrifice are just bate, he privately encouraged me to S6030 CONGRESSIONAL RECORD — SENATE June 11, 1996 stick to my guns, telling me not to home runs. But the reason we remem- as a personal tribute to the fact that give way on my principles. Sure ber him is because he endured over a we have been privileged to serve with enough, when the final budget came long period of time and set the record one of the great Americans of our his- out, tax cuts were included, thanks in for the most home runs in an entire ca- tory, the Senator from Kansas, the ma- no small part to BOB DOLE’s support. reer, which stood until Hank Aaron jority leader, our friend, BOB DOLE. On May 15, I had the opportunity to came along and did more over an entire Mr. NICKLES. Mr. President, I thank join many of my colleagues in standing career. the Senator from Utah for his excellent with BOB again as he announced his We must judge Senators, public lead- speech. I appreciate his comments very resignation from the Senate. Like ers, not on the basis of a brilliant sea- much. Next, I will yield 5 minutes to many of those who heard the speech, I son, or a brilliant speech, or a brilliant the Senator from Florida. was moved by his words, particularly campaign, but by what they do over a The PRESIDING OFFICER. The Sen- when he said to the American people: long career. ator from Florida. ‘‘I will stand before you without office BOB DOLE came to the U.S. Senate in Mr. MACK. Mr. President, I come to or authority, a private citizen, a Kan- 1969, the year Richard Nixon assumed the floor of the U.S. Senate today to san, an American, just a man.’’ the Presidency. I was in Washington at bid farewell to a friend, a leader, a col- I thought to myself about this man— the time and had the privilege of serv- league, and an authentic American a man who has served his Nation in ing in the Nixon administration. It was hero. BOB DOLE embodies what is right times of war and peace with honor and known around town that BOB DOLE was about America. Seasoned by the values integrity, who carries through when he the ‘‘rookie of the year.’’ BOB DOLE was and humble atmosphere of small-town gives his word, who has sacrificed so the brightest star of the new Senators America, the experience of war, and much of himself for the country he taking office as a result of the 1968 perseverance through physical trials, loves so dearly. campaign. Now, did he have a single BOB DOLE has earned the respect and BOB is not a man who learned his po- brilliant season? Fast-forward the tape. admiration of us all. litical philosophy from a book, but in- In 1976, BOB DOLE was chosen as the He is a legendary legislator who is stead, developed it as the result of his party’s Vice Presidential nominee. It known for his honesty, integrity, and life experiences, from the people whose was not a flash in the pan in his first fair-mindedness. BOB DOLE is an au- lives he has touched and whose lives experience in the Senate. He was a na- thentic war hero who stood on the touch him, and the commonsense wis- tional figure chosen to be number two front lines in the fight against tyranny dom one can only expect from a son of on the ticket. That ticket failed. Did and sacrificed so that others may live the Midwest. BOB DOLE fade? In 1985, after Howard in freedom. He understands the com- It is with this wisdom and the good Baker retired from the Senate, BOB mitment and sacrifice necessary to feelings of all of us who have known DOLE was chosen by his colleagues to protect and preserve freedom. be the majority leader, and then he and grown to respect BOB that he I would like to share a couple of sto- closes this chapter of his incredible life went on to serve longer in that posi- ries with my colleagues, one having to story, only to open a new one—full of tion than any other Republican in his- do with a trip to France back in the the promises and hope that have tory. mid-1980’s. I had an opportunity to re- When we look at this man, we can marked his life. And while I am sad- spond to questions from a French audi- pick out the brilliant seasons here and dened to see him go, I am comforted by ence for almost 2 hours and at the end there, but the real legacy of BOB DOLE of that, had the opportunity to ask the fact that the Senate’s loss is the is the long career, putting together a them a question. I told them I was American people’s gain. string of brilliant seasons and a long I look forward to traveling with BOB going to be returning to America in a legacy of service. across this great country, a country he I remember, as a new Senator, listen- few days, and I wanted to know what has served with distinction throughout ing to the then majority leader, George they would tell me to tell the people of his life, and introducing to the Amer- Mitchell, talk about service in the Sen- Florida about what they thought of our ican people, a man I am honored to call ate. He said that it is a great honor to Nation. The first several people who my friend, BOB DOLE. serve in the Senate of the United came and stood up said that we think Mr. NICKLES. Mr. President, I thank States, and that very few people have of America as a great, dynamic, grow- the Senator from Minnesota for his had that honor. And then he went on to ing country, and one that is providing comments. I call upon Senator BEN- say, with some truthfulness and a little opportunities for millions of Ameri- NETT from Utah for 5 minutes. wry smile, that many of those people cans. Mr. BENNETT. I thank the Senator. disappear and are forgotten after they The third person that stood up was a Mr. President, we here in the greater have left the Senate and leave behind fellow who was probably his late seven- Washington area have been celebrating no legacy whatsoever. He said that ties or early eighties, a little bit the remarkable baseball career of Cal only a few make a serious difference by wobbly, steadying himself with a cane, Ripken. I sometimes do not like sports virtue of their service in the Senate. and looked me square in the eye, and analogies, but I would like to draw on And then he said that one of those that he said, ‘‘When you go back to Amer- one relating to Cal Ripken, and other we serve with, whom we know will be ica, you tell the people of your country sports heroes, to give you my take on remembered for his towering contribu- that we will never forget that it was the majority leader, the Senator from tion—and these are not his exact the American GI that liberated our lit- Kansas, BOB DOLE. words, but I am not doing violence to tle town.’’ We have sports heroes in the various them—will be BOB DOLE. The second story is the opportunity sports that we follow in this country, I thought that was a particularly that I had, along with some of my who will have a brilliant season, and as generous tribute for George Mitchell to other colleagues here on the floor of a result of that brilliant season, be all pay to his adversary across the aisle. the U.S. Senate, to be in Italy with BOB over the papers as a tremendous per- That comes to mind now as we con- DOLE at the time he returned to the former. And then something happens template Senator DOLE leaving this battlefield where he was wounded and and they fade from our consciousness. arena in order to compete in another. stood on the road as he looked over to If I can switch from the Orioles for It is not the brilliant season, it is not the area in which he laid for 9 hours be- just a moment and go back to the New one particular campaign, or one par- fore being rescued. Later, we walked York Yankees, I would like to talk ticular legislative accomplishment down the street of this little town about Roger Maris, who set a record for that we remember. We honor the fact where BOB DOLE laid a wreath at a the most home runs in a single season. that this man has been at the center of monument in memory of those individ- When you think of the primary home American politics for longer than any uals who gave their lives in defense of run hitter of the Yankees, you do not of the rest of us, in a serious way, in freedom and liberation of Italy. As I think of Roger Maris, you think of the serious debates, addressing the se- stood by his side that day, I truly un- Babe Ruth, or of the modern counter- rious issues. derstood that this was a man who un- part to Babe Ruth, Hank Aaron. Babe So we wish him all the best, regard- derstood the importance of freedom; Ruth had a brilliant season, with 60 less of party, on a personal basis, and that freedom is the core of all human June 11, 1996 CONGRESSIONAL RECORD — SENATE S6031 progress, and while the price of free- He has been a leader in the fight for Mr. CAMPBELL. Thank you, Mr. dom may be great, there is no price so women’s health issues. During his time President. great as the loss of freedom. as majority leader, we have increased Mr. President, it is a great honor for We can see the mettle of the man in the spending for research on women’s me today to join my colleagues in rec- his decision to leave behind leadership health care concerns. He is trying to ognizing the outstanding accomplish- of the U.S. Senate to pursue the Presi- make sure that we have a strong ments of one of the greatest Senators dency. He is doing it because it is sim- health care system—a strong Medicare in this great institution: BOB DOLE. ply the right thing to do. system that will be there for those who This is a special day in history for BOB DOLE has so much to give Amer- will need it in the future. those of us gathered here in this Sen- ica through his experience and his wis- He is fighting for the spirit of entre- ate Chamber. For on this day in 1775, dom. While this is a day of reflection, preneurship to be kept in this country the Continental Congress did some- it is also a day of anticipation. I am because he knows it is the small busi- thing this body has been doing ever confident that BOB DOLE is not done ness people that make the economy since—it appointed a committee. We serving his country, and America will grow and prosper in America and takes have come a long way since then. But be better for it. the new people into our system for this committee’s job was to write the Thank you, Mr. President. jobs. He knows that, and that is why he Declaration of Independence which has Mr. NICKLES addressed the Chair. is trying to provide regulatory relief. protected our freedom and liberty ever The PRESIDING OFFICER (Mr. We have passed the free trade agree- since. The committee was composed of COVERDELL). The Senator from Okla- ments, so our small businesses are Thomas Jefferson, Benjamin Franklin, homa. going to be able to compete for those John Adams, Robert Livingston, and Mr. NICKLES. Mr. President, I thank jobs. Senator DOLE knows, and he has Roger Sherman. While no congres- our colleague from Florida. led the way for regulatory relief for our sional committee has ever done a more I yield 5 minutes to the Senator from small business people so that they will important job, BOB DOLE’s service of 36 Texas. be able to grow. years in Congress as legislator, Fi- The PRESIDING OFFICER. The Sen- He has been a defender of private nance Committee chairman, and ma- ator from Texas. property rights because he believes in jority leader has had a profound impact Mrs. HUTCHISON. I thank you, Mr. the fifth amendment to the Constitu- on the course of our Nation. President. I thank the Senator from tion. Although he has worked on behalf of Oklahoma. Finally, Mr. President, he has been countless individuals, families and Mr. President, today we are saying good for our border concerns. He is try- communities, BOB DOLE has stood out farewell to our leader in the Senate so ing to help us deal with the severe as a champion of veterans in Congress. that he can become the leader of our problem of illegal immigration. He is Therefore, as a member of the Veter- Nation and of the free world. This is a doing that by trying to make sure that ans’ Affairs Committee, I rise today remarkable man who can shoulder this we have the help we need in the border and join with veterans from across the great burden. This is a man who has States to meet these terrible issues country and throughout this Congress shown that he is worthy of our trust. that are of such concern to our country in honoring a lifetime of achievement He has kept his promises to the Amer- right now. by my friend—a warrior, a leader, a ican people, starting with balancing So we are saying goodbye today to hero. the budget. For the first time we are our Senate leader, a man who has prov- In modern times, the word ‘‘hero’’ is en his mettle time and time and time on a track to balancing the budget in 7 often bandied around a great deal. But again; a man who understands what after much reflection, perhaps Ralph years due to the leadership of BOB America is all about and who has vol- Waldo Emerson’s perception of heroism DOLE. It is the first time in 40 years untarily said that he would rather be that Congress has made the decision best describes how so many of us feel going out across this great country about BOB DOLE. Emerson said: ‘‘The that we must not burden our children talking to the people who are working, characteristic of heroism is its persist- and grandchildren with the kind of who know what the problems and con- ency. The heroic cannot be the com- debt that has been built up by Con- cerns are for the heartland of America. mon, nor the common heroic.’’ gresses of the past. BOB DOLE is a man who has risen to This is a man who can be Commander He would rather be out there talking to uncommon and heroic heights. And, as in Chief of our country. He has respect them one on one, listening to their concerns and telling them what he it is with most heroes, he seldom for our military. He respects the people speaks of his accomplishments. who have chosen to protect the free- would like to do to make their lives better. He has chosen that over the He represents, I guess, the best of our dom of America. He understands the country’s warriors and heroes. The need for peace—not through unilateral traffic of Washington, DC. He has his priorities straight. He story of what he went through in 1943 disarmament, but through strength. wants to keep the American dream— while attending Kansas University and And he will not send our troops into his dream that every child in this joining the U.S. Army is legendary. As harm’s way unless there is a U.S. secu- country will have the same opportuni- a second lieutenant platoon leader, he rity interest. He has shown that ties that he did to reach his or her full went into training with the 10th Moun- through his leadership on the Senate potential, and he means to make Amer- tain Division, which was based in my floor to make sure that we do not com- ica a place that will allow that to hap- State of Colorado. Perhaps his only mit American lives unless there was a pen. mistake at that time was not buying U.S. security interest. So we are saying farewell to a Senate the land around the training site, be- He has fought for the working Amer- leader today, but we are saying fare- cause that has become what we know ican family. He grew up in Russell, KS. well to a leader of this group so that he as Aspen today. But certainly it was He knew poverty. He knew what it was can take on the greater challenge with that highly trained infantry of the 10th like to struggle to make ends meet. his spirit and his integrity of leading Mountain Division that began the final That is why his priority was tax relief our great Nation in the free world. attack April 14, 1945, which led to his for the hard-working families of this We wish him farewell, and we will be wounds of World War II. He went off to country such as the $500-per-child tax with him out in the heartland of Amer- war to defend the Nation and our free- credit and homemaker IRA’s. It was ica talking to the concerns of the peo- doms. And, as a result of that wound, Senator DOLE who led the way for the ple of this country. of course, he went through nine oper- homemaker to have retirement secu- Thank you, Mr. President. ations, which several other Senators rity, just like those who work outside Mr. NICKLES. Mr. President, I thank have told about, and 2 years of recov- the home do. And it was Senator DOLE our colleague from Texas for a beau- ery. who passed that bill in Congress only tiful statement. I guess, just to talk about wounds to have it vetoed by President Clinton. I now yield 5 minutes to the Senator and recovery is one thing, but the Ger- He fought to lower the marriage pen- from Colorado, Senator CAMPBELL. mans have a saying. They say, ‘‘He who alty because he wants the American The PRESIDING OFFICER. The Sen- laughs at scars has suffered no family to stay strong. ator from Colorado. wounds.’’ S6032 CONGRESSIONAL RECORD — SENATE June 11, 1996 When we think of the time it cost for certain diseases, expand the number had the foresight back then to keep re- and the terrible pain Senator DOLE of disorders for which former POW’s form affordable and free of Federal must have gone through, through that could receive disability compensation. mandates. This same philosophy con- recovery time, we know there is a dif- Although we served in different wars, tinues. ference between talking about it and Senator DOLE in World War II and my- A few years ago when the Congress actually going through it. self in Korea, we share with all veter- considered the Clinton health care BOB DOLE’s legacy as a warrior, hero, ans a unique perspective on life and plan, it was BOB DOLE who warned and statesman reminds us of another country. If war teaches you anything, against the ill effects of federalizing outstanding American leader, Presi- it is that the world is a mixture of vul- our health care system. As an experi- dent Dwight D. Eisenhower. Senator nerability and enduring strength, and enced legislator, he reminded Congress DOLE, then a member of the Kansas that it is the job of the human spirit to that increased taxes and price controls House of Representatives, first met strike the balance we call peace. BOB are not the way to improve coverage General Eisenhower on a rain-soaked DOLE has never wavered from the pur- for the uninsured. day in the spring of 1952 when the Gen- suit of peace. But, before I reflect on the Senator’s eral returned home to Abilene, KS, to This courageous leader understands more recent accomplishments, I want officially launch his Presidential cam- so much about the price of freedom, to highlight an issue near and dear to paign. It was most fitting, therefore, and as he goes forth from this Cham- the hearts of Wyoming people—rural when Senator DOLE was awarded the ber, let him know that our hearts, our health care. In the 1980’s, hospital clo- Eisenhower Leadership Prize in 1995 by prayers, and the hopes of all America’s sures were plaguing rural America and the Eisenhower World Affairs Institute veterans go with him. providers were vacating these commu- for lifetime accomplishments which re- The PRESIDING OFFICER. The Sen- nities for urban practices. To be exact, flect Eisenhower’s legacy of integrity ator from Oklahoma. 237 rural hospitals closed during the and leadership. Mr. NICKLES. Mr. President, I thank decade. There would have been more if As President Eisenhower said 41 Senator CAMPBELL for his outstanding not for BOB DOLE’s commitment to a years ago: statement. notable package of rural health care Of the nations of today the future will say Next, I yield to Senator THOMAS, reforms. Reforms that improved Medi- that there were two kinds: Those that were from Wyoming, 5 minutes. care reimbursement rates to small hos- intelligent, courageous, decisive and tireless The PRESIDING OFFICER. The Sen- pitals, created primary care centers, in their support of high principles—and those ator from Wyoming. and recruited vital family practition- that disappeared from the earth. The true Mr. THOMAS. Mr. President, I rise ers. These solutions helped to revital- patriots give their best to assure that our today to join in the tribute to Senator ize our communities and gave rural country will also be found in the first of BOB DOLE. Certainly, his accomplish- families the same access to quality these categories. ments extend over many areas, but I medical care as their urban counter- BOB DOLE clearly stands among the want to limit my remarks specifically parts. true patriots. to health care. As a decorated World War II veteran, His record is one that truly dem- As someone who hails from a town of his service on behalf of our Nation’s onstrates compassion, dedication and 500-people, I know the importance of veterans can be seen in four major selflessness. This is not a man who such measures. If a rural hospitals areas: benefits, POW/MIA issues, edu- simply talks about quality health care. closes, it often devastates a commu- cation, and health care. He knows the importance of it first- nity. Jobs are lost and individuals are Veterans who have served their coun- hand. left without care during times of a medical emergency. try deserve and have earned quality Of course, we all know the story, BOB benefits. Toward this end, the Dole GI DOLE’s valiant service in World War II. Establishing a successful rural health bill, introduced in 1995, revamps the He spent 4 agonizing years in a hospital care delivery system can be very dif- veterans benefit program and brings it bed. It was this experience that led to ficult. Yet Senator DOLE and his staff up to date and in line with the needs of his commitment to give each and every have helped make that goal more plau- veterans today. American the security of knowing sible. He also authored legislation in 1996 health care is there today and will be I am sure I speak for many members to create the Veterans Transition Ben- there tomorrow. of the Rural Health Care Caucus when efit Commission. Its purpose is to en- Proof of such dedication is reflected, I say, ‘‘Thank you.’’ sure that veterans leaving the military not just in the way he votes on major Mr. President, BOB DOLE’s commit- due to downsizing have access to the issues, but also in smaller efforts like ment to quality health care extends to necessary assistance to return to civil- helping to keep a 12-bed hospital in senior citizens as well. Last year, when ian life in the most productive manner. rural Kansas open, or creating employ- Medicare was projected to be bankrupt On the difficult POW/MIA issue, BOB ment opportunities for persons with in 2002, it was our leader who fought to DOLE has been in the forefront, seeking disabilities. These are little things that preserve the program well into the answers and helping families who do do not always receive a lot of fanfare, next century. His plan provided not know the fate of their loved ones. but over the course of 35 years, they thoughtful solutions to complex prob- BOB DOLE is considered the 1970 founder build a solid legislative record. lems while still maintaining spending of the POW/MIA League of Families. As the Wyoming State chair for the increases for every senior citizen. Un- Since then, he has continued to assist Senator’s 1988 Presidential bid, I came fortunately, the President rejected the families to get a full accounting and to know and understand the person proposal, not because it did not do disclosure of the fate of their loved who has so willingly fought the good enough, but because it was politically ones. fight to make insurance more afford- expedient thing to do. This past Memorial Day over 100,000 able and accessible to all. For instance, Despite the administration’s refusal veterans converged in D.C. on The during the 1970’s, when many policy- to save Medicare from insolvency, BOB Mall, as they do every Memorial Day, makers were advocating a nationalized DOLE continues to work on behalf of angry in their belief that many people health care system, it was BOB DOLE the elderly. Just 1 month ago, before in government have abandoned them. who recognized the flaws of such an ap- he announced his intention to leave the BOB DOLE has not abandoned them, nor proach. Rather than let the Federal Senate, he steered passage of an will he ever abandon the veterans of Government be in control of individual amendment to the Health Insurance the United States. medical decisions, he coauthored a Reform Act. The measure helps allevi- In the area of veterans health, BOB more simple, practical piece of legisla- ate the burden of long-term care costs, DOLE has a special and deeply personal tion, the 1979 Dole-Danforth-Domenici which is becoming all the more impor- understanding of the importance of health insurance bill. The initiative tant as nursing home expenses rise. quality health care and the power of aimed to improve access to health Mr. President, these are a few of the rehabilitation. He has worked to pro- care, but in a manner that did not turn many accomplishments of BOB DOLE. vide a service-connected presumption the reins over to Washington, DC. He Unfortunately, time does not permit June 11, 1996 CONGRESSIONAL RECORD — SENATE S6033 me to list them all. But the purpose of cent. That is an extraordinary achieve- We have seen from his work in the reciting his achievements is not to ment. Senate that those are sentiments that boast about our longest serving Repub- EPA has just completed a study BOB DOLE heartily agrees with. lican leader. Rather, it is to provide in- showing that the positive effects of air On a personal note, may I say it has sight into the man who represents the pollution controls have been enormous. been a joyful experience for me to have State of Kansas. The study found that, in 1990, Ameri- been associated with BOB DOLE for the He has served his State and his coun- cans received roughly $20 of value in past 20 years here in the Senate. try well. He is one of the most effective reduced risks of death and illness and May success and happiness be in his and wise legislators of our time. other adverse effects, $20 of value for future, and we wish him Godspeed. I Great legislators should be measured every $1 of expenditure spent on air thank the Chair. by their actions, not by their words. pollution control. Mr. NICKLES addressed the Chair. BOB DOLE’s actions on health care What about clean water? In 1970, only The PRESIDING OFFICER. The Sen- clearly state where his priorities are. one-third of the lakes, rivers and ator from Oklahoma. So my friend, BOB DOLE, good luck. It streams in the United States of Amer- Mr. NICKLES. Mr. President, I thank has been a pleasure serving with you ica were considered fishable and swim- my colleague from Rhode Island for his and I know you will continue to serve mable. Now, not one-third but two- excellent remarks. I now yield 5 minutes to Senator our country in the future. thirds of the lakes, rivers and streams GRAMM from Texas. I yield the floor. in America are considered fishable and The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, I thank swimmable, and the percentage contin- Senator THOMAS, from Wyoming, for ator from Texas. ues to rise every year. Mr. GRAMM. Mr. President, by his his remarks. Since its enactment in 1973 by a vote I yield to the Senator from Rhode Is- skill and courage, BOB DOLE has earned of 99 to nothing, the Endangered Spe- a place in history, alongside the mod- land, Senator CHAFEE, 5 minutes. cies Act has achieved remarkable re- The PRESIDING OFFICER. The Sen- ern giants like Lyndon Johnson and sults. Populations of whooping cranes, Bob Taft, as one of the greatest leaders ator from Rhode Island. brown pelicans, peregrine falcons and Mr. CHAFEE. Mr. President, I wish in the history of the Senate. many other formerly endangered spe- I think it is fair to say that of all the to comment briefly today upon BOB cies have come back from near extinc- people who I have worked with in my DOLE’s record in an area where I have tion. So there is a lot of good news out devoted a considerable amount of time, service in the House and the Senate, there, and much of that success is due BOB DOLE is the greatest legislator, namely the environment. Under BOB to BOB DOLE’s leadership in this Sen- and I am very proud to have served DOLE’s leadership, we have been able to ate. continue the proud tradition, the Re- with BOB DOLE in a period which inevi- Senator DOLE recognized early on the tably will be called in the history publican tradition, of protecting our importance of dealing with the threats environment. That is a tradition that books the ‘‘DOLE era.’’ to our global environment. Under his BOB DOLE has my strong support and dates back to Teddy Roosevelt. It is in- leadership, the Senate approved, in my deep affection as he leaves the Sen- teresting to note that BOB DOLE came 1987, the Montreal protocol, dealing ate he loves to fight for the leadership to the Senate in 1969. Shortly there- with substances that deplete the ozone of a nation that he loves even more. I after the modern era of environmental layer. Then that was followed by the think for many of us here today, this is law began to take shape. 1990 London amendments to eliminate In 1970, he supported President Nix- a sad moment. BOB DOLE has been the the production and use of leader of the Republicans in the Senate on’s creation of the Environmental chlorofluorocarbons, CFC’s, and other Protection Agency, and he has sup- every day that I have served in the chemicals that destroy our protective Senate. My first vote that I cast 12 ported every major environmental law ozone layer. since he arrived in the Senate; all of years ago when I came to the Senate Last year, BOB DOLE cosponsored a was a vote to make BOB DOLE the ma- which have come about in the past 25 bill that was developed by the Commit- years. jority leader. tee on Environment to amend the Safe I have known him as an ally and an What are some of these laws? The Na- Drinking Water Act. The result was ap- adversary. I think I can say I know BOB tional Environmental Policy Act, the proval by the Senate in a recorded vote DOLE pretty well. I know that he is a Clean Air Act, the Clean Water Act, of 99 to nothing, and that is a tribute good and great man. I know that as the Safe Drinking Water Act, the En- to BOB DOLE’s leadership. Americans get to know him in the dangered Species Act, Superfund, the He was a key architect of this year’s coming months that they are going to Resource Conservation and Recovery farm bill which demonstrated his inter- conclude that he has the leadership and Act to control hazardous waste, and on est and commitment to protecting the the convictions that we need to change the list goes. environment. The 1996 farm bill pro- America. Mr. President, those bipartisan ef- duced one of the most significant con- So as he leaves us in the Senate, I am forts have brought about an extraor- servation packages ever enacted into delighted that he is leaving us to seek dinary, tangible change in our Nation. law, and BOB DOLE was a key player in higher service, and I am confident that The successful protection of the envi- every step of that farm bill. he is going to get an opportunity to ronment has been called the greatest BOB was a champion of the free-mar- provide that service. I am very proud social achievement of the United ket approach to controlling acid rain to join his colleagues today in paying States of the past quarter century. Let in the 1990 Clean Air Act amendments, tribute to him, the greatest legislator us consider briefly the successes we and that free-market approach is work- of his era, as he serves his last day in have had under the laws that were en- ing. the Senate. acted with the help and support of BOB With his support, we are exploring I yield the time that is remaining DOLE. similar approaches to protecting wet- back to the Senator from Oklahoma. In the 15 years 1975 to 1990, auto- lands through mitigation banking and Mr. NICKLES addressed the Chair. mobile miles traveled in the United to create incentives for private land- The PRESIDING OFFICER. The Sen- States increased by 70 percent. They owners to protect endangered species— ator from Oklahoma. went to 2.2 trillion vehicle miles per use the free-market approach. Mr. NICKLES. Mr. President, I com- year in those 5 years—increased by 70 Eighty-six years ago, the first of the pliment Senator GRAMM for an out- percent. But in the same period, hydro- great environmental Presidents, Teddy standing and very strong statement. carbon emissions were cut in half. Lead Roosevelt, said the following: I now yield to Senator SNOWE from in the air, for example, has a terrible Maine 5 minutes. effect on the mental development of Of all the questions which can come before this Nation, short of the actual preservation The PRESIDING OFFICER. The Sen- children, especially in congested inner of its existence in a great war, there is none ator from Maine. cities. Because in the mid-1970’s we which compares in importance with the Ms. SNOWE. Mr. President, I thank mandated the use of unleaded gasoline, central task of leaving this land even a bet- the Senator from Oklahoma for yield- lead in the air has declined by 98 per- ter land for our descendants than it is for us. ing this time. S6034 CONGRESSIONAL RECORD — SENATE June 11, 1996

I rise today to join my colleagues in BOB DOLE recognized that 2.5 million ers for Godspeed as he and Elizabeth honoring the preeminent Republican women are battered annually, the sin- embark on an exciting and historic new leader in the history of the U.S. Sen- gle greatest cause of injury to Amer- chapter in their lives. ate, Senator BOB DOLE. Throughout his ican women, and he saw that as being I am reminded of what Winston distinguished career, Senator DOLE has unconscionable. It was under his lead- Churchill said when the tide had served the people of Kansas, as well as ership that the Violence Against turned in favor of the allies. He said this Nation, with honor, distinction, Women Act was fully funded for the this: and integrity. first time ever. This is not the end. It is not even the be- We gather on this bittersweet occa- But his leadership did not end there. ginning of the end. But it is, rather, the end sion to pay tribute to a remarkable Senator DOLE also recognized that the of the beginning. man for his lifelong commitment to highest echelons of corporate America Thank you, Mr. President. I yield the America, as well as his unparalleled did not reflect the true landscape of floor. leadership in this august institution. this Nation. Where others did not or Mr. NICKLES. Mr. President, I thank As President Reagan said so eloquently would not, BOB DOLE saw barriers Senator SNOWE for her outstanding in describing Senator DOLE as a leader, which are rarely penetrated by women, comments. ‘‘It’s not just a job description, it’s a and he believed those lines were made I now yield 5 minutes to the senior description of the man.’’ for crossing. As Senator DOLE himself Senator from Wyoming, Senator SIMP- His leadership has touched virtually has said, ‘‘The issues boil down to SON. every aspect of public policy, but I equal access and equal opportunity.’’ The PRESIDING OFFICER. The Sen- would like to speak specifically on a BOB DOLE knows there is something ator from Wyoming. topic that has been of paramount im- wrong when women are not represented Mr. SIMPSON. Mr. President, it is portance to me throughout my career— in the upper levels of management in my great pleasure to comment about an area where Senator DOLE has been a corporate America, and that is why he my friend BOB DOLE. We have heard all champion, an area where he has made a authored the Glass Ceiling Commis- of the facts and the extraordinary his- difference, and that is on behalf of sion, the first ever Federal commission tory of the man’s life and his life in the America’s women. that created the most comprehensive Senate, and it indeed is extraordinary. Mr. President, Senator DOLE’s com- report on how business could make full We all have known that. He is the very mitment to ensuring fairness and op- use of our Nation’s human capital. best—the very, very best. portunity for America’s women is not a The PRESIDING OFFICER. The Sen- I will be saying much about this man newfound phenomenon. In fact, it has ator’s time has expired. in the next months, for this is a leader, always been an integral part of who Mr. NICKLES. Mr. President, I yield a real leader, not just in the title he BOB DOLE is. Throughout his career, the Senator from Maine an additional 2 held but way down inside, and that is a Senator DOLE has fought to make minutes. gift. That is the ability to lead, to en- America what Susan B. Anthony called Ms. SNOWE. Mr. President, Senator gender trust and loyalty and the admi- the ‘‘true Republic: men, their rights DOLE’s commitment to women goes be- ration—even grudging sometimes—of and nothing more; women, their rights yond the workplace. Under his leader- your toughest adversaries, and he has and nothing less.’’ ship, the Senate passed legislation to had that and it will serve him well. In his personal and professional life, provide Medicare coverage of a drug One of the great and singular honors BOB DOLE has been guided by a singular that was proven effective in the fight in my life was to serve as his assistant belief that every individual—regardless against breast cancer. He created a tax for 10 years. I was his first lieutenant. of gender—has the right to fulfill his or credit for expenses associated with the He was the captain. We had a pretty her God-given potential. long-term care of elderly spouses who good platoon, a good company, too, and BOB DOLE has always known that we a good battalion. It was one wonderful cannot have a truly representative de- are sick or family members, especially run. I must say that some joy of it was mocracy unless women are represented important for women because they rep- at every level of government and soci- resent 78 percent of our Nation’s pri- lost, was sometimes when we took our ety. Not content just to rely on words, mary caregivers. work too seriously—but we never took he has taken action. For those who found themselves in ourselves too seriously. When you have As chairman of the Republican need of a helping hand, BOB DOLE has a couple of gentlemen with a rather Party, over two decades ago, he ap- been the driving force behind meaning- spirited sense of humor, it does spark pointed the first woman in the history ful, compassionate welfare reform, to up and brighten the day. I love those of the party as deputy chair. As Senate transfer welfare into workfare and types. majority leader, he appointed the first move people from the welfare rolls to I learned much from this man. I woman as Secretary of the Senate. And the payrolls. He made sure it was not learned not to judge, to try to make he was the first Senate leader in his- done on the backs of children by ensur- things work, to have ultimate pa- tory, Republican or Democrat, to se- ing that we inserted $3 billion in addi- tience. That is what I really have not lect a woman, whom we all have tional child care funding, and this bill learned yet. It is out there though. He known, the extraordinarily capable and passed the Senate with 87 votes. gave me some good tips. In those talented Sheila Burke, as his chief of In another commitment to women times, I found this man to be true, hon- staff. and families, he joined with me in pro- est, and so natural, a very remarkable It is not just women on the Hill who viding for tough child support enforce- gentleman. By taking leave from here have benefited from Senator DOLE’s ef- ment provisions to send a message to in this honorable way, the American forts. The lives of women in small deadbeat parents that the days of pa- people will come to see him as we do, towns, big cities, and everywhere in be- rental irresponsibility are over. as I do—fair, strong, firm, a man of tween in America have been improved The bottom line is, Mr. President, great resolve. as a result of Senator DOLE’s leader- the record goes on and on. The record With this extraordinary woman Eliz- ship. shows that when it comes to America’s abeth at his side, Elizabeth Hanford From his Retirement Equity Act of women, you can count on BOB DOLE. Dole, they will surely captivate and 1983, which protected women from an Finally, on a personal level, I would unite this country in their quest, for arbitrary pension system that left like to express my deepest appreciation she is a person of great personal faith them without a pension after their hus- for Senator DOLE’s friendship and wise and an inspiration to many of us. And bands died before retirement age, to his counsel over the years, not only here in his daughter Robin too, what a fine Sexual Assault Prevention Act, which the U.S. Senate but throughout my woman, making a fine impression all finally expanded the rights of women years in the House of Representatives. over America, as she is deeply involved after years of taking a back seat to As he takes leave of this institution he in the campaign activities. Those are criminals in our justice system, BOB loves so much, he and Elizabeth take the things we will see the BOB DOLE DOLE was at the forefront of the fight with them our profound respect, our family doing in these months to come. to guarantee economic opportunity and great admiration, our heartfelt friend- A legislator, a listener, a loyalist. No personal safety. ship, our deep gratitude and our pray- one served President George Bush with June 11, 1996 CONGRESSIONAL RECORD — SENATE S6035 more loyalty than BOB DOLE. He was cynicism is riding a crest, fueled by the in to do a fundraiser for me at 7:30 in always supporting the man who de- actions from current leaders in the the morning in Tulsa, OK. By coinci- feated him, supporting him to the hilt. White House, we need BOB DOLE’s tie of dence, it happened to be the morning That is class. leadership, because historically, the after the night they considered Presi- I have no sadness. No, I am excited to best leaders are those who have integ- dent Clinton’s soft-on-crime bill. BOB know that this man will be out there in rity, who demonstrate fairness, and DOLE was really wrapped up in that. America, and that the people of Amer- who have compassion. That was one of the disappointments ica will see what we here have always If I have learned nothing else about he had. He lost it by one vote. seen in this man, a man of deep, per- BOB DOLE in my 16 years serving with He got on a plane, it had to be some- sonal conviction, a man of deep moral him in the U.S. Senate, it is that he is time after midnight, came all the way fortitude, guts, always telling the a person of integrity, a person who to Oklahoma in a driving rainstorm, truth, and the strong leadership—a treats people fairly, and a person who and was there at 7:30 in the morning. man who can make a decision and stick has and demonstrates compassion. One His staff was exhausted. He looked like with it. Bold and courageous are other of the best experiences I have had with he was just showing up for his first examples of his leadership—purposeful, BOB DOLE was campaigning with him in prom. direct, and decisive. my State of Iowa. The first time was in I have never seen a guy with energy So here we go. He will seek this job 1988. The next time was this year. like he has. The two characteristics, in the same way he has sought every- Whenever I introduced BOB DOLE to the boundless energy and compassionate thing in his life, with that great en- people of Iowa, I introduced him as one forgiveness, are two characteristics ergy, from that spirit. He has great ca- of us. Iowans knew right away exactly that will serve America in a grander pability, so very competent, and we what I meant. It meant that BOB DOLE way. What a guy. will all see this man as a deeply sen- has the same roots as we have—Mid- Mr. NICKLES. I thank Senator sitive man, a decent—very decent—and western, small town, rural, traditional INHOFE, my colleague, for his state- caring man. I think America is longing values. He never forgot where he came ment. for that. from and how he got there. That is the I now yield 5 minutes to the Senator I wish him well, with this magnifi- mark of a humble public servant. That from Washington, Senator GORTON. cent woman of charm and grace at his is what our country so desperately Mr. GORTON. Mr. President, nothing side. God bless them both for, indeed— needs today. I can say here today can add to the he is all the man there is. Yes, I will miss BOB DOLE as a friend richness or the depth of the picture The PRESIDING OFFICER (Mr. and a political ally. I will miss him that has already been presented over FRIST). The Senator from Oklahoma. more as a leader. I take comfort in the the course of the last 2 weeks or so by Mr. NICKLES. Mr. President, I thank fact that in losing a leader, the coun- other Members of this body and by Senator SIMPSON for his comments and try is gaining one. For that, I can only those outside of this body with respect for the excellent working relationship be truly grateful. to our candidate for President and our that he has enjoyed with Senator DOLE I say to citizen DOLE, your new jour- retiring majority leader, Senator BOB over the years. As all of us know, he is ney of a thousand miles begins with DOLE. All I can do is to take that pho- retiring as well. Certainly, he will be this first step that you are taking tograph from a very slightly different missed. His wit and wisdom will be today of leaving the Senate, saying angle and, I hope, make it at least a missed in this body, as well. goodbye to the people’s branch of Gov- slightly deeper photograph of a great I yield 5 minutes to the Senator from ernment, and going out among the peo- man. Iowa, Senator GRASSLEY. ple themselves. I wish you, BOB DOLE, This is important, however, because Mr. GRASSLEY. Mr. President, great success as our future leader. the BOB DOLE we, who have worked today the Senate loses its leader, but Mr. NICKLES. Mr. President, I wish with him for a year or for a decade, our Nation and its people gain a leader. to thank Senator GRASSLEY from Iowa know is not the BOB DOLE as he has What this country needs at this time is for an outstanding statement. been pictured to our fellow citizens all to see a good example coming from its I yield 6 minutes to the Senator from across the United States. It is exactly political leaders. What this country Oklahoma, Senator INHOFE. for that reason, of course, that he is needs is moral leadership. It is truly Mr. INHOFE. Mr. President, while I leaving us and his magnificent and, I lacking, of course, in the current White was presiding, I listened to the acco- believe, rewarding career in this body House. I have been speaking out on this lades and the very warm remarks that to share his real character, his real subject of lack of moral leadership, have been aimed toward our leader, personality with all of the people of the with several specific examples of that BOB DOLE, and so richly deserved by United States in his quest for the Pres- failed leadership by the President and Senator DOLE. I could think of only idency. First Lady, since March 19. two characteristics that have not been BOB DOLE is, I think, first of all, a It is not enough to call BOB DOLE a brought up yet. They came from two man of extraordinary patience—per- friend, a steady presence in the Senate, experiences that I had. haps the single most significant re- an ally. It is more important to know One was back when I was a very quirement for a leader of a body of 99 his qualities. These qualities are what fresh, new, freshman Senator. I hap- other Members, all of whom most of make BOB DOLE a leader. Above all pened to have been supporting PHIL the time feel that they are in posses- else, BOB DOLE has earned respect. You GRAMM for President of the United sion of absolute truth or the precise gain respect, Mr. President, by first States, who was a primary opponent of way in which the Senate should con- showing respect for others. He has done BOB DOLE’s, only to find that he and I duct its business. so. He has shown respect for his fellow had a trip to take together from Wash- BOB DOLE seems never to have lost a Kansans, for working men and women ington out to Independence, KS, since sunny equanimity, even under the of America, for America’s farmers, for we had been active in getting a very most difficult circumstances. His wit the small business entrepreneur, to his significant product liability bill passed seems never to have deserted him. His colleagues, for his party, but, most of that put America back into making willingness to listen to advice and all, respect for America. airplanes again. I got to thinking of counsel—almost always unsolicited— When you get BOB DOLE, you get traveling all the way with a guy when seems to have been infinite, and at the someone who will do what he says he I was actually opposing him. I was very same time that he has been willing to will do. That means you get a man of uncomfortable about it. I can tell you listen and been willing to consider the integrity. You get a person of account- during the entire trip, you would have views from disparate sectors, he has ability. He does not point the finger. thought I was his, BOB DOLE’s, chair- been possessed by a deep dedication to The buck stops with BOB DOLE. He man. I have never seen a person so ab- principle, to direction, and to love of takes responsibility for his actions. solute in his forgiveness and under- country. That is important, Mr. President, be- standing. On the one hand, people in politics cause this is what America needs and Second, a couple of years ago I can are criticized for being too rigid and needs right now. At a time when public remember when BOB DOLE was coming not understanding and, on the other S6036 CONGRESSIONAL RECORD — SENATE June 11, 1996 hand, for being too compromising. BOB duty. And, today, he relinquishes the quality, the character, and the capac- DOLE is neither. He has that rare com- power and prerogatives of policy devel- ity to do those things that are nec- bination of a dedication to principle opment in the Senate because he, simi- essary to shape the next century con- and a willingness to listen and to ac- larly, will pursue a call from his coun- structively. I am delighted that he has commodate the principles and ideas of try, a call that we are pleased that he so much commitment to this respon- others, which has made him a great hears, a call to shape the tomorrows in sibility that he would say, ‘‘I walk success, has caused him to be the long- which we live, a call to reestablish the away from the U.S. Senate in order to est-serving leader of this party in the fundamental values of American great- offer myself to the American people.’’ history of the U.S. Senate. ness, to align himself with the virtues When the American people learn And so because of those winning of the American people, rather than about BOB DOLE and get to know him traits of personality and those deeper the vices of a system that has really the way we in the Senate know him, traits of character and principle, each guided us down the wrong path. they will ask and demand that he be of us who remain here in the Senate In 1945, Lt. BOB DOLE volunteered to President of the United States. It will will be slightly the lesser by reason of lead his company to take out a German be a pleasure, as a Member of the U.S. his leaving. He, on the other hand, will machinegun nest. He scrambled out of Senate, to remember his outstanding be the better for it—for this surprising a shell hole in order to rescue a fallen service to the people, not just in the and principled decision, for his willing- comrade. The Germans sighted DOLE military, in the House and the Senate, ness to present himself to the Amer- and blew apart the right side of his but as the leader of this Republic. I am ican people without the protection of back. Few people would have had the grateful for the opportunity to make any office on which to fall back. courage to live as he has lived. He these remarks regarding our majority I believe, Mr. President—and I be- willed himself to recovery, with God’s leader. lieve firmly—that this open risk-tak- help, and with the help of his neigh- I yield the floor. ing, courageous BOB DOLE, whom we bors. He willed himself to law school, Mr. NICKLES. Mr. President, I com- have known for as long as each of us and he willed himself to run for office. pliment the Senator from Missouri. has been in the Senate, and whom his Many of the medical experts at the That was a truly outstanding state- time had given up on BOB DOLE. A doc- friends, neighbors, and family have ment. I want to announce to my col- tor from Chicago decided to try some known from his youth, will become in- leagues that I have several colleagues things that were virtually experi- creasingly known by, respected by, and seeking a lot more time than we have mental and gave his services. The peo- loved by the people of the United available. I hate to disappoint col- ple of Russell, KS, donated their nick- leagues because I know many wanted States as he presents these traits of els, dimes, quarters, and dollars in the to speak prior to Senator DOLE’s character and personality to them dur- cigar box at the pharmacy down on the speech at noon. We may not be able to ing the balance of this campaign. corner to cover the expenses. So we wish him bon voyage, the best accommodate everybody. I cannot ac- BOB DOLE made a commitment that of good luck, and we wish to the Amer- commodate everybody on the floor, and he would be an individual of service. that disappoints me greatly. If I stay ican people a new President with all of We need that kind of determination. on the order of requests, the Senator these wonderful characteristics for We need that kind of grit. We need in- from New Mexico actually has been leadership and for making our country dividuals who have looked the very here for some time, and I know the a better and stronger place in which to most serious of all circumstances in Senator from Arizona has also. We ac- live. the face and have said, ‘‘With God’s tually have a unanimous-consent re- Mr. NICKLES. Mr. President, I thank help, we can overcome, we can pre- quest that would allow Senator BYRD Senator GORTON from Washington for vail.’’ And that is BOB DOLE. to speak at 11:30. And the Senator from an outstanding statement. Well, America needed BOB DOLE I yield 5 minutes to Senator Virginia and the Senator from New when, in 1945, he was willing to give Jersey would like to speak. That ASHCROFT from Missouri. himself totally. They needed him when Mr. ASHCROFT. Mr. President, when makes it very difficult. he went to the U.S. House of Rep- I would call on the Senator from New Abraham Lincoln walked onto the bat- resentatives, they needed him when he Mexico. I yield 5 minutes to the Sen- tlefield at Gettysburg to commemorate became a Senator, and it needs him ator from New Mexico. what had been done there, he suc- today. If my colleagues could not spend all cinctly encapsulated the understanding All of us know the statistics. A child of that time it would be greatly appre- that deeds far surpass words in terms born today will end up paying $187,000 ciated. of value. He said, ‘‘The world will little in interest on the national debt if we The PRESIDING OFFICER. The Sen- note nor long remember what we say do not do something about it. BOB ator from New Mexico. here, but it can never forget what they DOLE has devoted himself not just to a Mr. DOMENICI. Thank you very did here.’’ balanced budget—sure, he sent two bal- much. We are not talking this morning just anced budgets to the President this Mr. President, fellow Senators, I to be talking, to be saying things, but year—but to the structure of a bal- think what I will do is start with wit. it is a way of helping people under- anced budget; that is a balanced budget I think everybody remembers BOB stand what BOB DOLE has done, who he amendment to the Constitution. DOLE for a lot of things. I am going to has been, the depth of his care, and the BOB DOLE knows that American fami- mention five or six that make him my breadth of his knowledge of how we lies spent about 3 percent of their in- great friend. But I want to hearken need to proceed in America. It has been come on taxes in the 1950’s, and now we back to a budget debate in 1990 that properly said that the world does not spend almost 40 percent. He under- was a brief moment when we were care how much you know until they stands that Americans have an ability going to have a shutdown even back know how much you care. And because to spend on themselves and to do for then for a very short period of time. BOB DOLE has not been a person to themselves, if Government will stand And the tourists in the community sound his own trumpet, to tell people aside. He understands that, for a long were all kind of in turmoil because of about himself, I think people have mis- time, Washington has acted as if Gov- various things that were going to be taken him. They have not understood ernment were the answer—faith in closed. And Senator DOLE said the fol- how much he cared, because BOB DOLE Government, governmentalism. He lowing: ‘‘If you are hanging around has been a person who has answered knows that is not the solution, that with nothing to do and the zoo is the call every time the call has come. Washington’s one-size-fits-all solution closed, come over to the Senate. You He has not only answered the call, he is not the way to solve this Nation’s will get the same kind of feeling, and has answered the call with every- problems. He knows that when we you will not have to pay for it.’’ thing—everything—at his disposal, the placed that faith in Government, in- Mr. President, nobody should think entirety of his existence. stead of ourselves, we injured our- that a statement like that in any way In 1945, BOB DOLE nearly gave up his selves. denigrates this great man. life—and there would have been those BOB DOLE really is going to go to the I am really at a loss to say goodbye who said it was gone—to the call of American people and say: You have the to him. But I am quite convinced that June 11, 1996 CONGRESSIONAL RECORD — SENATE S6037 he is leaving as a legend. He leaves a Russell, KS. I moved to Russell from years. I watched him, as the chairman legacy of leadership second to none in Wichita when I was 12 years old, so I of the Finance Committee, and he did a the entire history of the U.S. Senate. have known Senator DOLE for a good really extraordinary job in that capac- He leaves a legacy of laws and concerns many years. My father, Harry Specter, ity. It was in that capacity that I think that are so broad and so deep that I am was a friend of his father, Doran Dole. Senator DOLE earned the confidence of doubtful whether his story ends in My dad was in the junk business, and his colleagues for the leadership posi- looking over the entire panorama of the only scale big enough at the time tion that he sought in 1984. Senators from the beginning. I am very to weigh the junk yard truck was the I recall the 1982 tax bill, when Sen- doubtful that they will find a Senator Dole scale and elevator run by BOB ator Baker, then the majority leader, with such a legacy. DOLE’s father. Our brothers, Kenny stood at the leadership position, and at Let me start with senior citizens. In Dole and Morton Specter, both passed 11:45 p.m. on that complex bill said 1983, Social Security was going bank- away at the same time, approximately that there were 63 amendments pend- rupt. Who took the lead in the Senate 3 years ago. ing, amendments like mushrooms grew to make it solvent for 30 to 40 years? Senator DOLE’s story is a story like overnight, and that we were going to Senator BOB DOLE. When it comes to Horatio Alger, except that BOB DOLE’s plow ahead. Standing beside him was the young people of America, some story, compared to Horatio Alger, Senator DOLE, the chairman of the Fi- people choose to talk about programs. looks like Horatio Alger was born with nance Committee. Senator Baker said a silver spoon in his mouth. Both the I choose to say BOB DOLE’s deep and Senator DOLE thought we ought to per- abiding concern for our young people is Doles and the Specters, figuratively, severe. We worked through the night, epitomized by his constant fight to live lived on the wrong side of the tracks. It as it was Senator Baker’s custom to do is a true story that the Dole family, within our means so that we do not on occasion. There were, perhaps, half during the depression, moved out of the have to have our children and grand- a dozen rollcall votes, many more voice first floor of their home to live in the children pay our bills. Everything, votes, many amendments dropped. At basement to help defray expenses at a from seniors to children and every- 6:30 a.m. we walked out of the Chamber very tough time when Kansas was a thing in between, has received the at- having finished an extraordinary bill, dust bowl. BOB DOLE grew up and tention of this great man. worked at Dawson Drugs at the soda which showed BOB DOLE’s leadership. Then we had the extraordinary elec- In fact, I will find it difficult. I think fountain. There is sort of a legendary tion for majority leader in 1984, con- my feet will find me walking down that and famous story about how he would hall and my feet will find me going flip the ice cream and catch it behind tested by Senator TED STEVENS and into that office because I have done his back. I recounted that story not Senator PETE DOMENICI and Senator that so many times when we needed long ago on a campaign appearance for DICK LUGAR and Senator Jim McClure. leadership. the Presidency in Delaware County. We had to have a series of ballots. First The legacy of leadership that he BOB added that sometimes when the ice one dropped and then the next and then leaves will be sorely missed, and only cream fell to the floor, it became a the next. And finally—and I happened history will indicate its true depth. Be- chocolate shake. He went to college—a to be sitting next to Senator DOLE on sides having wit, without which it is tough thing to do in the early 1940’s. the left-hand side of the Chamber in tough to run the Senate, he had cour- Russell High School had the State de- the rear of the whole Senate when Sen- age. Can anyone forget the night when bating championship, but BOB DOLE ator DOLE won by a narrow margin of we wheeled Pete Wilson in? He had an chose not to be a debater. He was a re- 28 to 25; two votes changed and Senator appendectomy. We brought him in here nowned high school athlete. And then DOLE went on to be the leader. I was in from the hospital bed so we could get we all know of his heroics during World the photo in the scene when Senator the vote, and so that Vice President War II, and of his injuries and how he DOLE shook hands. Bush voting from the Chair could as- laid his life on the line. He did not suf- He was an extraordinary leader in sure us of what would have been a bal- fer loss of life but did suffer loss of many, many ways. Always a concilia- anced budget long before today that limb, and came back with a phenome- tor, always with a velvet touch. Some failed not because of BOB DOLE’s lead- nal rehabilitation. So he has a real un- of us were not too easy to lead, in ership but because of something else. derstanding of what it is like to pull terms of the votes. But never a de- So anybody following him better yourself up by your bootstraps when mand, never a ruffled feeling, never a know that they better be honest; they you have neither bootstraps nor arms sense of pressure or, certainly, not better tell the Senate the truth for he to pull yourself up by; and has a real undue pressure. knew no other way. feeling for the disabled; and a real un- I recall legislation changing the As he leaves, there is a bit of sorrow derstanding of the need for medical Grove City decision by the Supreme and even sadness, at least in my heart. care; and a real understanding of what Court of the United States, as illus- But in a very real sense I am very, very it is like to be an underdog. That his- trative of what Senator DOLE would do. happy because I think the American toric, monumental rehabilitation has Senator Packwood and Senator HATCH people now have a chance to meet, to been recounted on many occasions. were on opposite ends of the issue. Sud- know, and to understand the BOB DOLE Then he became a State legislator denly Senator DOLE came up with com- that we know. If they get that chance, while going to law school. He came promise language. In unison, Bob Pack- he will be the next President. He will back and was county attorney, in Rus- wood and ORRIN HATCH said, ‘‘But that be the next President of this great land sell, KS. He told the story today about is unsatisfactory because it will leave where the same leadership that he gave how his parents had been Democrats the issue open to controversy as to to us will be there for everyone. and how he became a Republican, what it means.’’ Senator DOLE smiled The PRESIDING OFFICER. The Sen- checking the local registrations. I and said, ‘‘That’s the perfect solution.’’ ator’s time has expired. originally heard the story in Russell, It wasn’t quite that language, but Sen- Mr. DOMENICI. I yield the floor. about how he was courted by both par- ator DOLE got it worked out. Mr. SPECTER. Mr. President, I join ties to become their nominee for coun- Today’s speech by Senator DOLE, I my many colleagues in expressing my ty attorney and then checked the reg- think, was historic. I hope he can con- congratulations to Senator DOLE for a istration in Russell County and found tinue to speak with the same easygoing historic career in the Congress of the it was 2 to 1 Republican. And as Sen- manner, the same light touch, the United States, which ended with his ator DOLE has said previously, as a same sense of substance, and at the resignation today, and I also express matter of conscience he instantly be- same time, the same sense of humor. my regrets that we will no longer have came a Republican. And then so much Because I think if Senator DOLE does ROBERT J. DOLE as our majority leader of the rest is history: Elected to the that, he will really establish a rapport and as our Republican leader. House of Representatives in 1960 serv- with the American people for his next I speak for both the Commonwealth ing four terms, and then to the U.S. challenge. of Pennsylvania, which I represent, and Senate in 1969. In a sense, Senator DOLE’s farewell in a sense, also for Russell, KS, because I have had the privilege of serving address to the Senate has significant Senator DOLE and I both grew up in with him in this body for the last 151⁄2 similarity to George Washington’s S6038 CONGRESSIONAL RECORD — SENATE June 11, 1996 farewell address. It was a different honor, and trust, serving his Nation so the majority party. One Senator can time, a different tempo, different well in war and serving his Nation so hold up landmark legislation simply by tenor, but I think it was a historic well in peace. taking to the floor and refusing to re- farewell address. This Chamber was Seeing him go is a tough thing for all linquish it. A significant minority, 41 filled with respect and admiration, and, of us who have known him, in many Senators of 100, can thwart the will of really, love. ways over the years. We wish him the the majority party simply by refusing I do not know, if on prior Senate oc- very best as he continues in his quest to cut off debate. casions, there has been a recording of to serve America. BOB DOLE understands these chal- the time sequence for the length of ap- I ask unanimous consent that my lenges. As minority leader for many of plause, but that event speaks for itself comments appear in the CONGRES- the 9 years I have been in the Senate, as Senator DOLE moved from one part SIONAL RECORD in advance of Senator he used the rules effectively to protect of the Chamber to the other, sur- DOLE’s statements. All of us could not the rights of a significant minority. rounded by his colleagues, both Demo- be recognized in the limited time be- This was referred to in the media as crats and Republicans; many of the col- fore he spoke today, and although it is gridlock, but it is really the way the leagues expressing themselves on more obvious on the face of my comments institution was designed, to protect the than one occasion. that they were made after he spoke, I Nation from the passions of the mo- Then a few of us who were privileged would ask they appear in advance of ment and to provide for reasoned, re- to be his fellow Republicans in the Re- his text, including my unanimous-con- flective debate. publican caucus had an opportunity to sent request, so the sequence makes Since assuming the role of majority hear Senator DOLE’s last speech in the some semblance of sense. leader, he has managed to overcome Mansfield Room. The balcony, now The PRESIDING OFFICER. Without challenges raised by the Democratic named for Senator DOLE, as we have objection, it is so ordered. minority, and hold his troops together paid tribute to a few of our colleagues Mr. BOND. Mr. President, today we to pass significant legislation. Under by memorializing their presence, be- pay tribute to a man who has served his watch, the Senate has passed and came that accolade. his country ably and well for well over sent to the President the first balanced Then, at 3 or a little after 3, a num- 50 years, and who will be remembered budget in a generation, meaningful ber of us were waiting outside in the for his leadership of an institution that welfare reform, the Congressional Ac- boiling Sun to watch him walk down is not easily led. countability Act, legislation prevent- the Senate steps for the last time, at From his humble beginnings in the ing unfunded mandates on State and least the last time on the day of his town of Russell, KS, BOB DOLE has local entities, and regulatory relief. resignation. The steps were filled with taken seriously, and has exercised re- The President has vetoed the two most well-wishers, staff, and citizens from sponsibly, his call to serve. While those significant of these initiatives: namely all walks of life. He came down and it of us who have served with him in this a balanced budget and welfare reform. was a symbolic transition from the institution are disappointed to see him The speeches we give today in honor U.S. Senate, where he had achieved go, and will miss him, he has greater of BOB DOLE sound a lot like eulogies, such heights, walking out as citizen challenges and rewards ahead. I believe but they are in reality reminiscences of DOLE, to see the people of America. BOB DOLE will go on to engage this Na- a stage in BOB DOLE’s life. He will go When he finished saying goodbye to tion in a critical debate over the next on to do even greater things. He will his colleagues on the steps, he moved few months about where America is continue his long and distinguished ca- across the yard to greet Americans headed as we approach the turn of the reer of service to country by holding who were waiting to see him, smell century. The United States, and the of- its highest office, and will restore to him, touch him. From there he moved fice of the Presidency, need BOB DOLE’s that office the respect and honor of the over to the large crowd that was as- leadership desperately. The words American people. sembled between the two chambers. I ‘‘noble’’ and ‘‘man of integrity’’ are not Mr. FAIRCLOTH. Mr. President, as think it was a very, very significant often used to describe the current occu- we all know, BOB DOLE will resign from and a symbolic move, as he has left the pant of the White House. Yet they are the Senate to run for the Presidency U.S. Senate in his quest for the Presi- words that come to mind immediately today. dency of the United States. to describe BOB DOLE. It was a courageous decision—but It was obviously not an easy decision BOB DOLE did not shirk his respon- also a sad one for the Senate. for ROBERT J. DOLE to make, to leave sibility to fight for his country during I am personally proud of Senator the embellishments and accouterments World War II. He accepted it, fought DOLE. I think it is the right decision. of office, as majority leader, one of the bravely in Italy, and nearly paid the I strongly believe that when the loftiest positions in the Government of ultimate price—his life, for his coun- American people are given the chance the United States or in the world. But try. BOB DOLE is now willing to sac- to know Senator DOLE and his wife he did so in his quest for what he saw rifice his political career in order to Elizabeth better—the polls will change as a higher calling. meet the challenge of defeating Bill dramatically—and he will be elected In the contemporaneous time period Clinton, restoring fiscal sanity to President. with his departure, he addressed one of American Government, and restoring Senator DOLE was raised in an era in the toughest issues in America, the honor to the office of the Presidency. America when hard work and strong issue of abortion, which has been the BOB DOLE has been well prepared values were rewarded. This is an era most divisive issue facing America through 27 years of Senate service to that we can have once again in Amer- since the Civil War, with his char- assume the Presidency. He has led Re- ica, if BOB DOLE is elected President. acteristic and traditional Solomon-like publicans through long years in the mi- When Senator DOLE’s country called judgment. It is a political issue, but nority, and has more recently led us to on him to serve—he went, and almost worthy of a moment or two, leaving some significant accomplishments in gave his life. He didn’t flee the country the Republican platform intact to ac- our effort to roll back Government and and protest against it from overseas. commodate one segment of the party ever-increasing Government spending. When his family struggled in the de- and offering the olive branch, the spirit BOB DOLE’s skills are not well known pression—they didn’t seek a Govern- of tolerance and the big tent to an- to most Americans, because many ment handout—instead they rented other segment of the party. Almost, in Americans are unfamiliar with what it their own home and lived in the base- a sense, squaring the circle and accom- takes to make this side of Congress ment to get by. modating almost seemingly irreconcil- work. The Founding Fathers set up the He didn’t allow his war injuries to able differences. But that has been the U.S. Senate as an institution to pro- sideline him in a hospital for the re- life of Senator DOLE. That has been his tect the rights of the minority. This is mainder of his life—instead he picked tradition as a young man growing up a place where, in fact, a Senator adher- himself up and rose to one of the high- on the plains of Kansas where he ing to minority viewpoint has much est positions in the Government and learned, really, fundamental American greater power in many ways than a became a candidate for Vice President values—accountability, integrity, Senator whose view reflects the will of and now a candidate for President. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6039

BOB DOLE will bring to the Office of understood that—even in the rough and unanimous consent request Senator President the values of his upbringing. tumble world of politics—we can not BYRD had this time. He is not here He will not spend the taxpayers’ money afford to forget the warnings of our right now. I yield to the Senator from irresponsibly. He will not put this predecessors: United we stand; divided Arizona 5 minutes. country further into debt. He will not we fall. BOB DOLE’S tenure as majority The PRESIDING OFFICER. The Sen- coddle criminals that threaten our leader reflected these convictions. ator from Arizona. communities. He will not tolerate drug He leaves the Senate having made an Mr. MCCAIN. Mr. President, when use in the White House or tolerate a indelible mark on this body with his Americans came home from World War disrespect for our Armed Forces. ability as a leader, his skill as a states- Two the time reserved for celebrating This is the BOB DOLE that has been man, and his commitment to the serv- their hard won victory was of necessity our majority leader. And, I am con- ice of his country. brief. Joyous though those celebrations fident this is the man that American I have not always agreed with BOB were, they had to give way quickly to people will want to be their President. DOLE, but I have never found his door the hard work of repairing the damage Ms. MIKULSKI. Mr. President, I closed. That, to me, says more about done to families and communities by want to echo my colleagues’ gratitude the man than anything else. In my the long separations and tragic losses to a remarkable Senator and majority view, the mark of a true statesman is which war visits on the victors as well leader, BOB DOLE. Few Members of Con- his willingness to listen to all sides of as the vanquished. gress can boast similar years of com- an issue in a search for common But Americans, having defeated the mitment to our country. In fact, Sen- ground. But the mark of a leader is the Axis Powers, were upon the moment of ator DOLE’s entire life has been dedi- ability to move people forward in spite that success obliged to assume the new cated to public service; from his brave of our differences in search of progress. responsibility of leading the free service in World War II, to his service Although I have not known BOB DOLE world’s resistance to the imperial am- in the Kansas State Legislature, the for very long—I came to this body in bitions of our former ally, the Soviet U.S. House, and for the past 27 years 1993 and worked with him, first as mi- Union. By so doing, they undertook a our U.S. Senate. He has devoted his life nority leader, then as majority lead- mission of immense proportions and to serving the people of Kansas and our er—I have come to hold high respect difficulty, but great historic signifi- country. I truly admire his agility in for him, and think of him fondly. These cance and nobility. are very tumultous times, and his was handling the people’s business in this For it was the Americans who fought no easy task. body, the U.S. Senate. so valiantly from Guadalcanal to Nor- I have been particularly struck, time It will be difficult to imagine the mandy who would then devote their and again, by his willingness to seek Senate floor without BOB DOLE. We lives to ensuring that the second half solutions by forging agreements—even have always had a cordial and collegial of this century not collapse into the in circumstances where he had the working relationship. I have admired bloody calamities or succumb to the votes to win on an issue and did not his wily way of moving legislation. He aggression of freedom’s adversaries need to regotiate. that made this century one of the most often commented on my way with a I remember when the issue of moving violent and tragic times in recorded quip. the United States Embassy in Israel to human history. At both the mid point I think it’s fair to say that members Jerusalem arose last year in Congress. OB and the end of the 20th century, these of both parties have learned from B Senator DOLE had all the votes he DOLE. His mastery of Senate procedure, needed to pass a resolution supporting Americans ranked among the greatest and his skill at moving legislation, are the move. And yet, he listened to those generations of our countrymen. They matched by few in this Chamber. of us who had concerns about the im- are accorded that distinction for their I thank Senator DOLE for his service pact the wording of this resolution dedication to their country’s cause and in the Senate. In an age when over half would have on what, at the time, was a humanity’s hope, and for the dimen- of married couples can’t stay dedicated very delicate phase of the peace nego- sions of the victories won by their de- to each other for 10 years, it’s remark- tiations in the Middle East. votion, selflessness, ingenuity and able for someone to stay dedicated to He did not have to listen. He chose to courage. an institution as tempestuous as the listen, and he chose to address our con- Even in this distinguished company, U.S. Senate for 27 years. cerns. And we passed better legislation BOB DOLE stands out. When he returned With deep admiration and respect for as a result. That is leadership. from war he could not, as many of his a trusted colleague, I wish Senator I have been struck by his forthright- comrades could, immediately pursue DOLE all the best. ness as majority leader—his word was the veteran’s dream of building a Mrs. FEINSTEIN. Mr. President, BOB his commitment, and his commitment peaceful and prosperous life. He had to DOLE first came to Congress at a time was a matter of honor. These have been first rebuild himself. The exemplary when the world—and he himself—was difficult times. But, although he and I courage and determination he brought still recovering from the wounds of did not always end up on the same side to his own recovery is the stuff legends war, and America, catapulted into of an issue, I knew BOB DOLE cared are made of. And they are also Ameri- world leadership, was about to enter more about the integrity of the demo- ca’s good fortune for they are the same one of the most difficult periods in our cratic process than he cared about virtues he offered in his subsequent young history as our Nation became short term political gain, and that he years of service to the advancement of bitterly divided over the Vietnam con- respected each and every Senator’s our country. flict. place in that process—because we rep- In these days when more and more These events shaped the man who resent the America people. young Americans are attracted to the came to Washington to represent his No, we did not always agree. But mores of the detached and indifferent home State of Kansas back in 1960. even on issues where we disagreed, I al- cynic, to the affectations of Hollywood And, from my experience in working ways knew where I stood, and I knew I anti-heroes, BOB DOLE’s life is a rebuke with him over the last few years in the could trust his word. to those corrupting influences on our U.S. Senate, it is clear that BOB DOLE ROBERT DOLE will be remembered for popular culture. When I am asked by never forgot the values those experi- his lifetime of service to the American anxious parents: where are today’s ences taught him. He has left an im- people, and for helping to shape the American heroes by whose example I print on this body that deserves our course of our Nation during some of can instruct my children?; the list of recognition and our thanks. the most pivotal times. such Americans I can offer in response Having nearly given his life for his He deserves our praise and our is still a long one. But I can identify no country in the battle for freedom, BOB thanks, and we wish him and Elizabeth better example than the man to whom DOLE brought strong convictions about well. we wish good luck today. BOB DOLE is honor and public service with him to The PRESIDING OFFICER. The Sen- what an American hero is supposed to the U.S. Congress. ator from Oklahoma. be. And, having seen this Nation spill Mr. NICKLES. Mr. President, next in His sacrifice in war and his hard road blood in battling its own conscience, he order for appearance, I know on the to recovery earned BOB DOLE the peace S6040 CONGRESSIONAL RECORD — SENATE June 11, 1996 and quiet to live a life of personal pur- position forced our own Government spirational speech that I hope my col- suits, of individual attainment and suc- and our allies to replace their previous leagues will have a chance to review. cess. But he chose instead to chase his indecision and indifference with the re- I ask unanimous consent to postpone country’s dreams. And in America’s solve to enable the Bosnian people to the time allocated to Senator BYRD historical mission to contain and de- resist aggression, and determine for and Senator DASCHLE to 11:45. feat Soviet imperialism and to wrench themselves their nation’s fate. The PRESIDING OFFICER. Without from this violent century some greater Mr. President, my time is nearly up, objection, it is so ordered. hope for humanity’s progress in the and the brevity of this tribute his re- Mr. NICKLES. I yield to the Senator next. BOB DOLE brought the patriotic quired me to offer only an abbreviated, from New Jersey, 2 minutes. optimism of the young soldier off to very incomplete list of BOB DOLE’s The PRESIDING OFFICER. The Sen- war, but he brought also the veteran’s many important contributions to the ator from New Jersey. Mr. BRADLEY. Mr. President, today appreciation for the dimension and se- security of the United States. Suffice it BOB DOLE will leave the Senate. I have riousness of the task before us. He en- to say, that BOB DOLE is a statesman served with him for nearly 18 years, listed again in the war against totali- who has worked tirelessly and effec- during which time, at different times, tarians, and again he is in the front tively to protect other Americans from having to pay as a high a price for love he has been the ranking member and ranks of those who earned the victory. chairman of the Finance Committee, BOB DOLE’S Senate leadership was es- of country as he was once asked to pay. minority leader, and majority leader. sential to the efforts of Presidents Before I close, Mr. President, I would like to offer a personal expression of Over the years I have disagreed with Reagan and Bush to win the cold war. him often, but I have also worked with He built majority coalitions for the de- gratitude to my leader. I have had the honor in my life of him on many things, from one of my fense build up of the 1980’s, helping to being commanded by a great many first amendments in the Senate on the restore the readiness and moderniza- brave, resourceful, and decent leaders, strategic petroleum reserve to closing tion of our Armed Forces which had but none more so than our friend, BOB tax loopholes in 1982 to tax reform in been so badly neglected in the previous DOLE. A long time ago, in another walk 1986 to maternal and child health care decade. of life, I lived for a period of time with- issues to GATT agreements to aid to He has been a consistent and skillful out liberty. I and a great many men the Bosnian Moslems and countless advocate for ballistic missile defense whose courage and honor enabled me to other issues. beginning in 1973 with his support for endure that experience wanted nothing BOB DOLE is a good man and an ex- the Sam–D, the predecessor to the Pa- more than to keep faith with our coun- traordinary legislator. Although he is triot missile, continuing with his sup- try and for our country to keep faith personally shy, he knows how to build port for SDI and ending most recently with us. When well-intentioned Mem- a political consensus, use power, make with his sponsorship of the Defend bers of this institution unwittingly at- things happen. He keeps his word, America Act. In his determination to tempted to break faith with us by de- which is an essential ingredient in provide Americans with an affordable nying support for the war necessary to building trust. He listens well, a trait and adequate defense from the greatest ensure our eventual liberation, BOB of the very best legislators. danger facing our country, BOB DOLE DOLE led the opposition to that effort. Any time you are trying to build a has shown the vision and the will re- For 7 weeks he forcefully debated a bipartisan majority, which is more the quired to meet the security threats cutoff of funding while so many of way it used to be in the Senate than that will confront policymakers in the America’s sons remained the prisoners the way it is now, you have to be able 21st century. of our enemies. All the while he waged to listen. You have to understand intu- Senator DOLE organized congres- that debate, BOB DOLE wore a bracelet itively where someone’s bottom line is. sional support for Reagan Doctrine that bore my name. I have never prop- And when an agreement will not be policies which gave critical assistance erly thanked him for the great honor reached, you cannot view the other to freedom fighters confronting Soviet he did me. I wish to do so now. For my- person as flawed, corrupt, and stupid, aggression from Nicaragua to Afghani- self, for my comrades who came home and expect that tomorrow they will stan. Together with his support for our with me, and for the many thousands forget your attitude. I do not remem- defense build up and a strategic defense who did not, thank you, BOB, for the ber BOB DOLE ever acting out of a system, Senator DOLE’s commitment honor of your concern and support for grudge or perhaps even harboring one. to sustaining the front line resistance us. We fought in different wars, but we He never burned his bridges. to Soviet imperialism hastened the col- kept the same faith. One afternoon in my office more than lapse of the Soviet Union, and made BOB DOLE leaves the Senate now, and a few years ago, Senator DOLE and I possible the liberation of millions all of us, Democrat and Republican visited with a Russian politician whose rights had long been denied alike, know in our hearts we will not named Boris Yeltsin whose visit I was them as citizens of captive nations. soon see his like again in our ranks. sponsoring. Yeltsin had been over an As cracks in the Soviet empire be- But he leaves only to continue his serv- hour late and we were 25 minutes into came the breech that brought down the ice to America from another office. I our discussion when one of his aides in- Berlin Wall, BOB DOLE hastened the take considerable comfort from that. formed him he was an hour late for a final dissolution of the Soviet Union by For I know that the tasks that meeting with Secretary of State Baker, sponsoring the Direct Aid to the Re- confront us as we consolidate our cold to which Yeltsin responded by saying, publics Act which provided direct as- war victories and make for our chil- ‘‘Humph, who cares about an appointed sistance and trade relations to the So- dren and our children’s children an- minister when I am meeting with those viet Republics, bypassing Moscow, and other, better world than the one in who are elected by the people.’’ further weakening the Kremlin’s con- which we lived most of our lives re- To which DOLE responded, ‘‘He’s got trol over its subject peoples. quire the service of an American who his priorities right.’’ In the first crisis of the post-cold-war appreciates from his experience and That was the voice of BOB DOLE, the world, Iraq’s invasion of Kuwait, BOB from his heart the indispensability of democrat, the man who has a deep and DOLE cautioned President Bush to seek American leadership. This is a abiding respect for the will of the peo- congressional authority for Operation daunting responsibility, which is ple. Time and time again the people of Desert Storm, and then employed his shared by all of us. But I am reassured Kansas gave him their votes. Although peerless legislative skills to win major- that we will not be found wanting in Senator DOLE has given his life to pub- ity support for authorization over a our assignment by my confidence that lic service, I sense he would be one of very determined opposition, sending a BOB DOLE will soon be our leader again the first in this body to admit that a message of American unity to Saddam and that our Nation will still benefit legislator’s accomplishments are like Hussein. from the service of this honorable man. sand castles built at the edge of the More recently, BOB DOLE’s consist- The PRESIDING OFFICER. The Sen- ocean surf—short-lived and often for- ent, principled support for the legiti- ator from Oklahoma. gotten. mate Government of Bosnia and the Mr. NICKLES. I compliment Senator Therefore, the only thing that any of strong Senate majority he built for his MCCAIN for an outstanding, moving, in- us as Senators have is whether those June 11, 1996 CONGRESSIONAL RECORD — SENATE S6041 who worked with us gave us their re- was proud to join with him on January I have been honored to serve in the spect, and those who elected us felt 12, 1991, when we stood together for the Congress of the United States for al- well-served. In Senator DOLE’s case, I Persian Gulf resolution, to give the most 44 years. I have witnessed the think the answer to each is yes. Commander in Chief the authority to comings and I have witnessed the go- The PRESIDING OFFICER. The Sen- use force in the gulf. That was a hard- ings of many fine men and women. ator from Oklahoma. fought battle, a debate ending in a vote Some were extraordinary leaders, like Mr. NICKLES. Mr. President, I yield of 52 to 47. Joe Martin, of Massachusetts; Sam 1 minute to the Senator from North Most recently, in my own endeavors, Rayburn, of Texas; Lyndon Johnson, of Dakota. he stood beside me. He did not have to Texas; Everett Dirksen, of Illinois; The PRESIDING OFFICER. The Sen- do it. He stood beside one of his col- Hugh Scott, of Pennsylvania; and How- ator from North Dakota. leagues in the name of friendship and ard Baker, of Tennessee; and Mike Mr. DORGAN. Mr. President, last he said, ‘‘It’s not all politics. It’s Mansfield, of Montana; who served as year I indicated to my colleague from friendship.’’ Senate majority leader for 16 years. West Virginia, Senator BYRD, that one Mr. President, I close by reading a Many made outstanding contributions of the real privileges of my being able brief quotation that I carry with me at to their country and were considered to serve in the U.S. Senate was to serve all times. It relates to BOB DOLE. irreplaceable in their time. And yet our here while he served in the U.S. Sen- Thomas Jefferson once said: brief appearance upon the Senate stage ate. I told Senator BYRD that. I was I had laid it down as law to myself, to take is only temporary. It is applauded, re- thinking last evening that I feel the no notice of the thousands of insults issued marked upon and then forgotten, same way about Senator DOLE. It has against me but to trust my character to my washed away like footprints in the been an enormous privilege to serve in own conduct and to the good sense and can- sand by the next turn of the wheel and the Senate at the same time that Sen- dor of my fellow citizens. the next wave of events. ator DOLE has served in this Senate. He I yield the floor. But through it all, the Senate en- has demonstrated an enduring commit- The PRESIDING OFFICER. The Sen- dures and goes on like Tennyson’s ment to public service that represents ator from Oklahoma. brook—forever. It is far, far greater the kind of public service that we owe Mr. NICKLES. Mr. President, I com- than the sum of its 100 parts. a substantial debt for in our country. pliment my colleague from Virginia Senator DOLE, in his four terms in He is truly the Cal Ripken of public and now recognize the Senator from the House and five in the Senate, has service in the Senate year after year West Virginia, Senator BYRD. been a serious and successful legisla- after year, doing his job and doing it The PRESIDING OFFICER. The Sen- tor. He was the 1,645th person to have the way the American people hope pub- ator from West Virginia is recognized. taken the oath of U.S. Senator. He has lic servants will do their jobs. Mr. BYRD. Mr. President, I rise to served as leader of his party in the Sen- I am here today only to say I wish say farewell to my friend and long- ate longer than any other Republican— Senator ROBERT DOLE well. The Senate standing colleague, the able Senator 10 years, 11 months and 20 days, today. will miss him. Those of us who have from Kansas, the Senate majority lead- BOB DOLE has served longer as a Repub- had the privilege of working with him er, BOB DOLE. BOB DOLE has responded lican in Congress—35 years, 5 months honor his commitment to public serv- to the call of duty throughout all of his and 8 days—than any other current Re- ice. adult life, and we are all the richer for publican Member of the Senate and I yield the floor. his dedication and his work. His life House. Additionally, he is the only The PRESIDING OFFICER. The Sen- and his service have made a difference. Kansas Senator to have chaired the ator from Oklahoma. American politics is a rough and Senate Finance Committee. Mr. NICKLES. I thank my colleague tumble occupation, and we in this He has earned the respect of his col- from North Dakota, and I yield 2 min- Chamber are all too familiar with the leagues. He has been a hands-on leader, utes to the Senator from Virginia. savagery, the criticism, the negativity often working personally with other Mr. WARNER. Mr. President, from that have so infected political life in Senators and staff to craft legislative his earliest days on the sports fields our day. But there are times when poli- compromises and solutions to difficult through his military career to his days tics must be put aside, and the honest, national questions. in the Senate, BOB DOLE’s destiny was heartfelt contributions that we each As Republican leader, both when he and is leadership. How greatly has he and all make as servants of the people served as majority leader and as minor- enriched the lives of all of us here in must be acknowledged. ity leader, he was always available to the U.S. Senate. Like my good friend, I congratulate the majority leader on work on solutions to problems of both Senator BRADLEY, I was there on the his long and distinguished service in a national and international nature. He Yeltsin trip. I remember that. I also re- the Senate, and before that in the gave his time, including the hours member accompanying Senator DOLE House of Representatives, and before spent away from the Chamber and the to a hilltop in Italy, near the small vil- that, in the Kansas Legislature, to Hill, wrestling with those solutions. lage where he was struck down by which he was elected at the young age I have fond memories of the time enemy fire. But the hand of destiny of 26. As one of his fellow Americans, I that we worked together in the 100th reached down, the hand of Providence, thank him for his service and his brav- Congress, when I served as majority and brought him back to serve this ery during World War II. leader and he was the minority leader, great Nation, to serve the world, and to It has been a privilege and it has and we succeeded in crafting important become a great leader. been a pleasure to work with Senator legislation, including the landmark He will take his place—modestly, he DOLE in the leadership positions given Omnibus Trade and Competitiveness might not acknowledge this—but he to both of us by our colleagues, first Act of 1988. Together, we developed a will take his place with Everett Dirk- when he was majority leader and I was new trade tool for the United States sen, with whom our distinguished sen- minority leader, and then when our called ‘‘the super 301 law,’’ which re- ior colleague, Mr. BYRD, served; with roles were reversed. quired annual reviews of foreign trade Howard Baker and with Hugh Scott. In Senator DOLE and I are the only floor practices, the identification of priority that row of great Republican leaders, leaders in Senate history to move from foreign country practices against he has earned his spot. majority leader to minority leader and American products, and the triggering Commander in Chief, a position to then back again to majority leader. I of automatic investigations against which he aspires, and a position in the guess it is a classic case of what comes such countries’ practices. Constitution of the United States he around goes around; or what goes Senator DOLE has been particularly has fought to preserve on the floor of around, comes around. Often, I have attentive and active in the foreign pol- this Senate from the first day that he pondered this turning of the Senate icy and national security areas. While stepped entered this Chamber, irrespec- wheel, a continuing rotation of individ- we have not always agreed on specific tive of who has been in that office. He uals of different temperaments and tal- policies, he has been a major contribu- has been a staunch defender of the pre- ents, of opposing beliefs and varied tor to our Nation’s policies regarding rogatives of the Commander in Chief. I backgrounds. the Soviet Union before its collapse, S6042 CONGRESSIONAL RECORD — SENATE June 11, 1996 arms control, Bosnia, and the Gulf war against the odds, the admiration grows onstration of BOB DOLE’s grace and de- with Iraq, to name a few important ex- greater. The greater the adversity, the meanor. I know now that it was. I also amples. greater the adherence to principle and learned that in doing so, this man, When he was majority leader in 1985 decency, the greater the admiration. with the experience of thousands of and I was minority leader, together we Maybe that is why someone from such meetings, could always be the one created the arms control observer South Dakota, someone of different to determine when the meeting was group to monitor arms control negotia- politics, different religion, different over. tions and treaties with the Soviet education can reflect on the admira- I regret that we did not accomplish Union. Together, we led a Senate dele- tion that I hold for BOB DOLE with the more together in these last 2 years. Ob- gation to the opening of United States- sincerity that I do now. viously, bad timing was a factor. Our Soviet arms control negotiations in I have had the good fortune to work accomplishments have been eclipsed by Geneva that year. We also traveled to- closely with the majority leader now our partisanship in the eyes of the gether at the request of President for 18 months. The conditions for a American people. Still, nothing should Reagan to Moscow to celebrate the his- good working relationship could not cloud America’s view of just a man toric exchange of instruments by Presi- have been much worse. We had just lost from Kansas who began with little, dents Reagan and Gorbachev ratifying the majority. He was the likely nomi- who in fighting for this country lost al- the INF treaty. nee to run against a Democratic Presi- most all that he had, who came back to In the order of domestic policy, Sen- dent, and the House Republican leader- help lead his party and his country ator DOLE has been a long-time central ship, now also in the majority, had pro- with courage and civility, who leaves figure on farm legislation. He has posed a Contract With America. Of this place with the gratitude of us all. amassed an impressive record of serv- course, the events over the past year While I cannot wish him ultimate ice on behalf of the disabled and the and a half could easily have led to bit- success at his next political venture, handicapped. He has particularly ad- terness and personal animosity of Linda and I wish Elizabeth and BOB vanced the cause of handicapped chil- major consequence. I have no doubt DOLE well in their new life ahead. May dren. that in virtually any other set of cir- it be filled with good health and much While I have enjoyed working to- cumstances, there would have been no happiness. I yield the floor. Mr. LOTT. Mr. President, I suggest gether with BOB DOLE, and sometimes other result. The fact that it did not occur, and in the absence of a quorum. have equally enjoyed working at odds The PRESIDENT pro tempore. The spite of it all we remained friendly, is with him on various issues, I am sad- clerk will call the roll. dened that he is leaving the Senate. He due to BOB DOLE and who he is. His ci- The legislative clerk proceeded to will cast a long shadow as he goes. vility, his pragmatism, his quick wit, call the roll. It isn’t enough to say in our hearts his self-effacing humor have not only The PRESIDENT pro tempore. The That we like a man for his ways; served him well these past 45 years of able Senator from Oklahoma is recog- It isn’t enough that we fill our minds public life, but have served his col- nized. With psalms of silent praise; leagues and his country well, too. His Mr. NICKLES. I ask unanimous con- Nor is it enough that we honor a man sense of fairness and decency is a sent that the order for the quorum call As our confidence upward mounts; standard by which all people in public be rescinded. It’s going right up to the man himself life should be held. He believes in the And telling him so that counts. The PRESIDENT pro tempore. With- institutions of democracy and has out objection, it is so ordered. So when a man does a deed that you really helped guide his party and this body in Mr. NICKLES. Mr. President, I rise admire, Don’t leave a kind word unsaid. a way that has enhanced them, too. on behalf of all my colleagues in the In fear to do so will make him vain While our philosophical differences Senate, Democrat and Republican, to And cause him to lose his head. are great, his willingness to do what is say thank you to Senator DOLE for his But reach out your hand and tell him, ‘‘Well difficult has been a source of admira- years of service in Congress, House and done,’’ tion and respect for us all. His courage Senate, but especially the Senate, es- And see how his gratitude swells. in standing for principle has been evi- pecially for his leadership, for his will- It isn’t the flowers we strew on the grave, dent from the start. ingness to really embody what leader- It’s the word to the living that tells. It was there when he broke ranks ship is all about. And so I say to my friend, BOB DOLE, with his party to support the landmark The man from Russell, KS, has in- ‘‘Well done.’’ civil rights measures of the 1960’s, most deed done very well. The man from The PRESIDENT pro tempore. The notably the Civil Rights Act of 1964 and Russell, KS, has overcome a lot of dif- Democratic leader is recognized. the Voting Rights Acts of 1965 and 1982. ficulties, and truly been a national Mr. DASCHLE. Mr. President, let me It was there when he championed hero. I was with Senator WARNER, Sen- begin by complimenting the distin- landmark nutrition programs with a ator MACK, and Senator DOLE in Italy guished Senator from West Virginia for visionary leader and a giant from where Senator DOLE nearly lost his life his eloquence. Following his words is a South Dakota whose name was George in Castel Diano, and I realized what very difficult task. McGovern. real leadership was all about, that a Senator DOLE has said that he wants It was there in 1991 when he and our young man from Russell, KS, risked his to be judged now as just a man. But I colleague, TOM HARKIN, arguably did life, almost gave his life, to reestablish think history will judge him as some- more for the disabled than anyone in freedom in a faraway land. I saw the thing more—a good leader, a good Sen- our Nation’s history. love and respect that the people had in ator, a good American. When you are And it was there in this Congress northern Italy for Senator DOLE, and from a small State in the Midwest, when, against all political advice, he my respect and admiration for him there seems to be a sense of pride in fashioned a resolution on Bosnia that only grew. It has grown as we have someone who makes it to the top the led to broad support for our troops shared many fine years in serving to- hard way, with hard work, with fair- being stationed there. gether, and I thought about this, most ness, with adherence to principle. I am grateful to Senator DOLE for of our colleagues here have only known Regardless of politics, religion or that leadership, for the decency and Senator DOLE as the leader or minority education, when someone starts at the fairness he has demonstrated to me leader. Some have had the pleasure of lower rung and makes it all the way over these past 18 months. I have serving with Senator Baker and Sen- up, there is a pervasive feeling of own- learned from him. It has been an in- ator BYRD, as majority leader, but to ership, of affinity that he is one of our valuable education. our leader, we want to say thank you own, a Midwestern sense of self-respect It has always impressed me that BOB for your service not only to Kansas but that he is like us, and now just look at DOLE would come to my office for a to our country, for reaching out in bi- where he is, what he has done and how meeting—the seasoned leader coming partisan fashion and making great he has done it. That is especially true to the newcomer, the majority leader, changes for this country. when adversity hits. When someone coming to the minority leader’s office. I remember when you were elected rises above adversity to make it I thought it was yet another dem- chairman of the Finance Committee, June 11, 1996 CONGRESSIONAL RECORD — SENATE S6043 tax rates were 70 percent. When you tell you that there has been a lot of [Applause.] were finished, they were 28 percent. good legislative work done on that bal- I know they join me in expressing The economy really grew. You forged cony. I can also tell you that some- our deep appreciation to everyone here bipartisan working relationships with times the balcony is called ‘‘the DOLE and the people of Kansas. As all of us everyone. You are well liked by every Beach.’’ go back who are leaving this year, Member in this body. To our leader, we wanted to have a thinking about leaving in a couple of I want to apologize to my friends and lasting remembrance, because you are years, or whatever, you think about colleagues that have been coming to part of this Capitol. You are part of the people who sent you here and the me for the last hours, saying, ‘‘I want this institution. You are one of the rea- people who tried not to send you here— to speak,’’ because we could not accom- sons why this institution is greatly re- once you are here, you forget about modate all the requests. I ask unani- spected, because of the respect we have those. [Laughter.] mous consent following the swearing in for you. And they are all your constituents, Mr. NICKLES. Mr. President, I ask of Senator FRAHM, that we will keep whether Democrats, Republicans, or unanimous consent that the resolution the RECORD open for the remainder of Independents. And four times, my the day so that remarks can be added be agreed to, and the motion to recon- friends in Kansas, Republicans and sider be laid upon the table. to the remarks made earlier this morn- Democrats and Independents, I believe, The PRESIDENT pro tempore. With- ing. gave me their votes for the House of out objection, it is so ordered. Representatives and five times they The PRESIDENT pro tempore. With- The resolution (S. Res. 258) was have given me their votes to the U.S. out objection, it is so ordered. agreed to, as follows: Mr. NICKLES. To our leader, I say Senate. I think to all of us, such trust S. RES. 258 that you embody what we think is is perhaps the greatest gift that can Resolved, That the balcony adjacent to great about a leader. That is character. rooms S–230 and S–231 of the United States come to any citizen in our democracy, That is integrity. That is loyalty. You Capitol Building is hereby designated as, and and I know I will be forever grateful, as have earned the respect not only of shall hereafter be known as, the ‘‘Robert J. everyone here will be forever grateful, your colleagues, you have earned the Dole Balcony’’. to our friends and our supporters who respect of all Americans. The PRESIDENT pro tempore. The never gave up on us, who never lost To our leader, again, a man from able majority leader, Senator DOLE of their confidence in us. Maybe they did Russell, KS, you are our friend. You Kansas, is recognized. not like some of our votes, or maybe will always be our friend. We wish you Mr. DOLE. I appreciate very much they did not like other things, but and Elizabeth every success this year. the resolution just passed. Will it be in when the chips were down, they were f big letters or neon? I know it cannot there. We all think of all the phone have any political advertising on it. calls and all the letters and all the vis- THE ROBERT J. DOLE BALCONY Just have the name out there in lights its of people who come to your office Mr. NICKLES. Mr. President, I ask the next few months. I thank all of my with big problems and small. Or you unanimous consent that the Senate colleagues. think about the town meetings you proceed to immediate consideration of f have attended. I have attended, as have Senate Resolution 258 that I now send FAREWELL ADDRESS OF SENATOR some others here, town meetings all to the desk. ROBERT J. DOLE over America. They are pretty much The PRESIDENT pro tempore. With- the same. They are good people, they out objection, it is so ordered. Mr. DOLE. Mr. President, I want to have real questions, and they like real The clerk will report. go back 136 years ago this summer. A answers. The Assistant Secretary of the Sen- committee arrived in Springfield, IL— I always thought that differences ate read as follows: Senator SIMON probably knows the were a healthy thing and that is why A resolution (S. Res. 258) to designate the story—and it formally notified Abra- we are all so healthy, because we have balcony adjacent to rooms S–230 and S–231 of ham Lincoln that the Republican a lot of differences in this Chamber. I the United States Capitol Building as the Party had nominated him to run for have never seen a healthier group in ‘‘Robert J. Dole Balcony.’’ President. History records that Lin- my life. [Laughter.] The PRESIDENT pro tempore. Is coln’s formal reply to the news was And then there are those on our staff. there objection to the immediate con- just two sentences long. And then as he Sometimes we forget to say thank you. sideration of the resolution? surveyed the crowd of friends gathered I have had one member of my staff for There being no objection, the Senate outside his home, as I survey the crowd 30 years, and others for 19, and so on. of friends here in the galleries and on proceeded to consider the resolution. They have been great, and they have the floor, he said, ‘‘Now I will no longer Mr. NICKLES. Mr. President, the res- been loyal, and they have been enthu- defer the pleasure of taking each of you olution that I now send to the desk on siastic. Their idealism and intelligence by the hand.’’ So I guess, as Lincoln behalf of myself and Senator DASCHLE and loyalty have certainly meant a lot said then, 136 years ago, if all of us who is a resolution that follows a great tra- are leaving this year—and I am only to me, and I think a lot to other people dition in the Senate where we name one, and I know we have the same in this body, and other staff members, rooms, sometimes buildings, after our thoughts and the same emotions—if we and the people they work with on a colleagues. We have buildings—the can all go out and shake hands with all daily basis. Many are on the Senate Russell Building, Hart, and Dirksen, all the people who were responsible for us floor or in the gallery today. I just say, named after outstanding Senators. being here, it would take a long time. thank you very much. We have had a On the first floor of this building we You begin with your family. You, ob- little fun along the way, too. It gets have the Hugh Scott Room named after viously, begin with your parents, your kind of dull around here from time to a former Republican leader, and down brothers, your sisters, and you think time, so you have to have a little fun. the hall the Mansfield Room, another about all the support they have pro- When you really want to have fun to great leader who served the longest as vided and all the good things that hap- get away, you can go out to the Senate majority leader, and we also pened. And you think about the Sen- beach—which is now my ‘‘beach,’’ and I have the Howard Baker Room that is ate. You think about your family, your will try to pack it up this afternoon. now the Office of Senator DOLE. All remarkable, wonderful wife and daugh- All of those who served in the Senate— these honors were a very fine and noble ter, who have seen victories and seen and I see some of my former colleagues tribute. defeats and have put up with, as all our here today—and all those who serve But the tribute we name today, or spouses and children do around here, the Senate, whether the Parliamentar- the one we are making today is naming with late hours, not being home on ian or the page, I thank you for all of the balcony adjacent to the Office of weekends, and all the demands that go us for your tireless service. the Republican Leader as the Robert J. with serving in the Senate. I do not want my friends in the press Dole Balcony. It was Senator DOLE who So I am very honored to have my gallery to fall out of their seats in asked this balcony be made accessible wife Elizabeth and my daughter Robin shock. But let me add in acknowledg- to legislators and to the leaders. I can in the gallery today. ment of those who have worked here in S6044 CONGRESSIONAL RECORD — SENATE June 11, 1996 this building I also salute you. I think on a Sunday talk show, it was ‘‘yep,’’ one day we were at the same place hav- it is fair to say that we do not always ‘‘nope,’’ ‘‘maybe.’’ Ten minutes into ing lunch. He said, ‘‘You ought to agree with everything you said or the program, they were out of ques- think about running for leader.’’ I said, wrote, but I know that what you do off tions. [Laughter.] ‘‘Me?’’ So I thought about it. [Laugh- this floor is as vital to American de- I remember Russell Long. I remem- ter.] mocracy as anything we do on it. And ber during the Reagan landslide, I was I thought TED STEVENS was going to we have to keep that in mind. going to be chairman of the Finance be the leader. Where is TED? Something So I say that it has been a great ride. Committee. I did not know how to tell happened on the way to the vote. There have been a few bumps along the Russell—and I did not. I said, ‘‘Who is [Laughter.] way. I have learned a lot from people in going to tell Russell?’’ Nobody was I walked out of there surprised. When this room. I have even gone to Senator going to tell Russell. Dave Durenberger Howard Greene held up his hand, I BYRD when I was the majority leader was there, and I remember the first knew that I must be the leader. to ask his advice on how to defeat him vote we had. I got to sit in the chair, So I would just say that we all know on an issue. If you know ROBERT BYRD but when they called the roll, they how the political process works. Some as I do, he gave me the answer. But it called the minority side first and then people are cynical. Some people think was not easy. I mean, this man is de- the other side. They said, ‘‘Mr. Chair- it is awful. Some people do not trust termined. I know that in his first book, man,’’—this was my first time—and he us. But the people who watch this his great works about the Senate, he voted ‘‘aye.’’ thing day in and day out have a better writes about when I became the major- It is a true story. Then there is Phil understanding. ity leader. He very candidly writes in Some people ask me. I remember the Hart and DAN INOUYE. We all met in his book that he had his doubts about Battle Creek, MI, at the Percy Jones Speaker—the Speaker is present—tell- this BOB DOLE because I might be too General Hospital—Lieutenant Colonel ing me just 10 minutes ago, he really partisan, or I might not work with the understands now more about the Sen- Hart, Lieutenant INOUYE, and Lieuten- minority leader. But I have heard him ate. We have different rules. I love the ant DOLE. We were all patriots. The say a number of times since that I House of Representatives. I never best bridge player at Percy Jones Hos- demonstrated that I was not that par- wanted to be in the House of Rep- pital was DAN INOUYE. Probably one of tisan. And if I understood one thing, as resentatives. I wanted to be in the Sen- the best men I ever knew was Phil my successor will understand, it is that ate. I wanted to be in the Senate where Hart. He had a flesh wound in his right unless the two leaders are working to- you can have unlimited debate, where elbow area, and from morning to night gether, nothing is going to happen in any Senator on either side on any issue he spent his time running errands or this place. We have to trust each other, can stand up and talk until they drop. getting tickets for patients to the De- as Senator DASCHLE and I have, as Sen- The record is held by the Presiding troit Tigers games. His wife was Jane ator Mitchell and I have, as Senator Officer, Senator THURMOND. Briggs. It was Briggs Stadium—Briggs BYRD and I have. And I also have great The PRESIDENT pro tempore. Twen- owned the Tigers at that time. There respect for Senator Mansfield and Sen- ty-four hours and eighteen minutes. was not anything that Phil Hart would ator Baker, though I did not have the [Laughter and Applause.] not do—not only there but when he privilege of being in the leadership at Mr. DOLE. That is why you are sel- came to the U.S. Senate. So I left my that time. dom asked to be an after dinner speak- proxy with the last of the Percy Jones I say to all those who have been in er. [Laughter.] the leadership positions, it is a dif- General Hospital caucus, with DAN Mr. President, I think sometimes ficult life. After 2 o’clock today when INOUYE. I wrote him a letter today, I around here we think we have to have somebody calls me about bringing up said you’ve got my proxy. If anything everything. ‘‘We have to have total vic- their amendment, I will say that it is comes up regarding Percy Jones Gen- tory. I will not settle for less. It has to all right with me; bring it up any time eral Hospital, which is closed—— be my way, or no way.’’ Well, Ronald you want, and I will not stand in your [Laughter.] Reagan said once, ‘‘If I can get 90 per- vote me present. way. [Laughter and Applause.] cent of what I want, I would call that I am looking at one of the giants in [Laughter.] a pretty good deal.’’ Ninety percent is I could go on and on. I am not like the Senate right now, Senator THUR- not bad. You can get the other 10 per- Senator BYRD because nobody can do it MOND. And I looked at others on the cent later. It is a small amendment the way Senator BYRD does it. way in, like Senator BYRD. I thought then. [Laughter.] But I think of all of these people who about Senators Baker, Dirksen, Rus- Better understand that—take the 90 sell, and many, many more, Democrats have come and gone and of all of the and then work on the 10. and Republicans, who love this place, new bright stars that are here today on I want to say, too, that I read that who have made it work. I repeat fre- both sides of the aisle, and there is one my resignation and my decision to quently the statement of Senator Dirk- thing that you do know for certain. leave caused astonishment in some sen—and I do not know whether he This is a great institution. quarters, and I do not begrudge anyone made it on the floor—who said, ‘‘A bil- I have learned another thing that we their surprise. But I would just want to lion here, a billion there, and soon it have all learned in this Chamber and disabuse anybody about the Senate. will add up to real money.’’ If only he this town. Your word is your bond. If This is the great opportunity, and could come back today, it would be ‘‘a you do not keep your word around there are hundreds and hundreds and trillion here and a trillion there.’’ here, it does not make much difference thousands and thousands of people who Then there was Hubert Humphrey. what your amendment may be, or would give anything they had to be a Nobody ever understood how BOB DOLE whatever it may be. And it is impor- Member of this body. That is the way and Hubert Humphrey could be such tant to all of us. As far as I know ev- it should be. It is very competitive. good friends. We did not have a prob- erybody that I know on either side ob- So I have said the truth is that I lem at all. And he used to say of his served that rule. It is true in any busi- would no more distance myself from own speeches, ‘‘I never thought they ness or in any profession. It is more the Senate than I would from the Unit- were too long. I enjoyed every true in politics because the American ed States itself. This is a body that is minute.’’ [Laughter.] people are looking at us, and they want the reflection of America. It is what I remember we were in the hallway us to tell the truth. It does not mean America is all about. We come from one day talking about the talk shows. that we have to agree. It does not mean different States and different back- And, of course, I was only watching we cannot have different motivations. I grounds with different opportunities them in those days, but he was on one learned that leadership is a combina- and different challenges in our lives. every Sunday. It used to be issues and tion of background and backbone. I And, yes, the institution has its imper- answers for the normal guest. But for learned a lot about that from the likes fections and occasional inefficiencies. Hubert it was issue and answer—then of Senator BYRD and others that I We are like America; we are still a the time was up. watched and watched. work in progress in the U.S. Senate. And then there was Senator Mans- I know that Senator WARNER is the So I would say to my colleagues that field in just the reverse. When he was first person to ever mention to me— I remember way back when I ran for June 11, 1996 CONGRESSIONAL RECORD — SENATE S6045 the Kansas Legislature. We had a not convinced. There were a lot of fix. Maybe, as I said earlier in the day, Democratic law librarian who thought skeptics in this Chamber; probably that is a pattern we can follow for Med- young people ought to get involved in some on each side. You cannot have icare for the long-term solution: Take politics. She found two Republicans truer motives. It is always something it out of politics as we did on Social and two Democrats, and talked us into political. But after being on that trip Security, make it work, make it sol- running for the State legislature. We about 2 or 3 days, I changed my mind. vent. And the people who get the credit did not know anything about politics. Senator HOLLINGS from South Carolina are the people who get the checks—37 We did not know what party we were was in the forefront of that effort. He million of them. So, we reached across in. We were students; veterans going to remembers how bad it was. partisan lines. school under the GI bill. I thought So we worked together on food So, I worry a little about the future. about which party to belong to. I have stamps, the WIC Program, and the I worry about our defenses. I know said in jest, from time to time I went School Lunch Program, particularly there are a lot of very talented people back to my hometown and went up to when it affected poorer Americans. I here who are going to continue to do the courthouse and found out there think, as I look at it, that no first- that. I am not here to make a partisan were more Republicans than Demo- class democracy would treat its people speech or even a partisan reference, but crats. And I became a committed Re- like second-class citizens. I would hope that we would keep in publican. [Laughter.] I remember standing on this floor mind there are still threats around the It is not quite accurate. But my par- managing the Martin Luther King holi- world and also keep in mind that we ents were Democrats. day bill. We had the majority. It was a are the envy of the world. I remember the first time I was ever proud day for me. It is now a national I learned, meeting with a lot of lead- approached by a reporter. Here I was a holiday. ers, foreign leaders, as leaders get to do brandnew law student, a brand new leg- The first speech I ever made on the in this business—the chairmen of the islator. I did not know anything about floor was April 14, 1969, about disabled Foreign Relations Committee, Sen- anything. They said, ‘‘Well, what are Americans. There are a lot of people in ators HELMS and PELL and others, Sen- you going to do now for your district?’’ this room who have worked on this ator LUGAR when he was chairman—I Or something of that case. I said, ‘‘I am program. I know Senator KENNEDY and remember when the Berlin Wall came going to sit around and watch for a Senator HARKIN and Senator Duren- down and the Soviet empire collapsed, couple of days, and then stand up for berger, when he was here, and Senator a lot of people started coming to Amer- what is right.’’ Jennings Randolph before—maybe be- ica. They were leaders. They were Well, that is what we all do around fore many of you came—was in the young and they were old and they were here. I hope I have done it over the forefront. We stood with many who men and they were women, and they years. could not stand on their own, and the did not come for foreign aid. The cyn- I will take a minute or two to in- highlight was passing the Americans ics said, ‘‘Oh, they are coming after dulge in some of the things that we all With Disabilities Act. Forty-three mil- more of our money.’’ They knew we did have different interests in. I have been lion Americans—they are not all seri- not have any. But for the first time in deeply involved in agriculture, as many ously disabled, but there are many in 70 years, in some cases, they had a of you have here, because Kansas is a wheelchairs, many who cannot even sit right to travel. They could get on an farm State. When I came to Congress, I up. It was a very impressive sight to be airplane without checking with the was on the House Agriculture Commit- at the White House the day that bill government and waiting for a year or 2 tee. I have been on the Senate Agri- was signed by President Bush, and I am years or 3 years. They could go to culture Committee ever since. So I am forever grateful. I know Senator KEN- church, they could vote—all these proud of having served the farm fami- NEDY and Senator HARKIN are. Have basic rights that we take for granted. lies of Kansas and around America who you ever seen so many wheelchairs at And they came to America. make a lot of sacrifices. the White House at a signing cere- Some are now Presidents, like Lech This year we did not have a wheat mony? Never. And now more and more Walesa, some are leaders of their party. crop, hardly at all, in Kansas because Americans with disabilities are full As they came to our offices, and I am of the drought. I am advised by Sen- participants in the process. They are in certain it was true in every other of- ator DORGAN that they are not going to the mainstream. fice, they did not ask for money. They have much of one because of the rains So, I remember in 1983—I know PAT wanted to come to America to see and the water. MOYNIHAN remembers—we were stand- America. They wanted to take a look So farmers make a lot of sacrifices. I ing right over in this aisle. We had a at America. And I can recall almost ev- remember back during the Vietnam de- bipartisan commission on Social Secu- eryone who left my office, sometimes bate. Some of us were here. Some were rity. We had met week after week, with tears streaming down their on each side of the issue. The so-called month after month. It was about to go cheeks, saying, ‘‘We want to be like Cooper-Church amendment that went down the drain. We had about given up. America.’’ on and on and on, week after week Everybody was disgusted. We were get- We are the envy of the world. That is after week on whether we ought to ting short-tempered. We were Demo- why so many people want to be like we withdraw our troops, or shut off fund- crats and Republicans. At the time the are. ing, which I thought was wrong. As I late John Heinz was a member of the So, we have lit Liberty’s torch with a look back on it, I think I was right be- commission. As member of the Finance glow that can truly light the world. cause we had courageous men like BOB Committee, I was a member. Senator That is what America is all about. We KERREY, JOHN MCCAIN, and others in MOYNIHAN was a member. And Senator are much more than a place on a map. this Chamber who were risking their MOYNIHAN—I think just by chance or We are the United States, and we are a lives, and they deserved our support. fate or whatever—and I happened to beacon of hope. We are a magnet for That was a big debate at the time. meet in this aisle on my right. We said the oppressed and a shield against I have also been proud to be involved we have to try one more time to rescue those who would put the soul itself in in nutrition programs. Somebody men- Social Security—one more time. bondage. tioned that earlier today. I remember It was not a partisan issue. And we I think we did that in Kuwait, and we working with Senator McGovern on did. That afternoon we convened three may be called on to do it again. But I that, and there was a conservative arti- more people, we had five of the com- would guess one thing. I would hope, cle saying I cannot be a conservative mission, and it was not long until we when they catalog all the amendments because I know George McGovern. I were back on track. We finally made it and all the bills and do all the com- think George McGovern is a gentleman happen, and 37 million people have got- mentaries, whenever it is all over for and has always been a gentleman. But ten their checks on time. us here, that we have left our children we worked together on food stamps. I I think I read in the Washington Post something other than a legacy of debt. will confess, when I made my first tour just this weekend, Social Security is Our children are important. None of us with George McGovern, I said, ‘‘This going to be in pretty good shape until have a perfect solution, but there has guy is running for President.’’ I was the year 2029. So that is a pretty good to be some solution here where we can S6046 CONGRESSIONAL RECORD — SENATE June 11, 1996 come together, Republicans and Demo- RECESS Secretary of State. crats, because everybody loves their The PRESIDENT pro tempore. Under f children. Everybody loves their grand- the previous order, the Senate now children. We have all these young stands in recess until 2:15 p.m. pages here. We have an example every Thereupon, at 12:51 p.m., the Senate CEREMONY OF ADMINISTRATION day of young people who want to get recessed until 2:14 p.m.; whereupon, the OF OATH OF OFFICE TO SHEILA ahead, who are willing to work. They Senate reassembled when called to FRAHM AS SENATOR FROM THE just want the opportunity. order by the Presiding Officer [Mr. STATE OF KANSAS I think, if I could hope that anything BROWN]. The VICE PRESIDENT. The new might happen, it probably will not hap- The PRESIDING OFFICER. The Sen- Senator will now present herself at the pen today, but this year or next year— ator from Louisiana is recognized. desk for the administration of the oath I felt strongly about the balanced Mr. BREAUX. Mr. President, I sug- of office. budget, but not enough people did. But gest the absence of a quorum. Mrs. FRAHM, escorted by Mr. DOLE that will be around. The PRESIDING OFFICER. The and Mrs. KASSEBAUM, advanced to the So I would close with, again, thank- clerk will call the roll. desk of the Vice President; the oath ing all of my colleagues. I do not be- The legislative clerk proceeded to prescribed by law was administered to lieve—I am just trying to think back— call the roll. her by the Vice President; and she sub- I do not believe we have ever had any Mr. LOTT. Mr. President, I ask unan- scribed to the oath in the Official Oath real disagreements. I remember one imous consent that the order for the Book. time, I remind the Democratic leader, quorum call be rescinded. [Applause, Senators rising.] that I offered an amendment that you The PRESIDING OFFICER [Mr. (Mrs. HUTCHISON assumed the thought you were going to offer, and I COATS]. Without objection, it is so or- chair.) made a mistake. I was not trying to dered. Mr. LOTT. Madam President, I sug- one-up the Senator from South Da- Mr. LOTT. I believe, Mr. President, gest the absence of a quorum. kota. So I withdraw my amendment. momentarily we will have the intro- The PRESIDING OFFICER. The Then he offered the amendment. I duction and swearing in of the new clerk will call the roll. think that is called civility. Senator from Kansas. The legislative clerk proceeded to So, I would close with the words of For a moment, I suggest the absence call the roll. my hero, Dwight Eisenhower, because of a quorum. Mr. LOTT. Madam President, I ask he was our supreme commander. He The PRESIDING OFFICER. The unanimous-consent that the order for also came from Abilene, KS; born in clerk will call the roll. the quorum call be rescinded. Texas but quickly moved to Kansas. He The legislative clerk proceeded to The PRESIDING OFFICER. Without was only 2 years old. It took a while. call the roll. objection, it is so ordered. But, in any event—this is his quote. Mr. LOTT. Mr. President, I ask unan- imous consent that the order for the f As we peer into society’s future, we—you quorum call be rescinded. and I—and our Government—must avoid the The VICE PRESIDENT. Without ob- MORNING BUSINESS impulse to live only for today, plundering, for our own ease and convenience, the pre- jection, it is so ordered. Mr. LOTT. Madam President, I ask cious resources of tomorrow. f unanimous consent that there now be a We cannot mortgage the material assets of SENATOR FROM KANSAS— period for the transaction of morning our grandchildren without risking the loss of CREDENTIALS business with Senators permitted to their political and spiritual heritage. We speak therein for up to 5 minutes each want democracy to survive for all genera- The VICE PRESIDENT. The Chair until the hour of 3:30 p.m. tions to come, not to become the insolvent lays before the Senate the credentials Mr. EXON. Reserving the right to ob- phantom of tomorrow. of SHEILA FRAHM, appointed a Senator ject, and I do not intend to object. Is it I think those words are just as good by the Governor of the State of Kansas the Senator’s intention that we would today as they were 35 years ago when on June 11, 1996, to represent such go to the budget then at 3:30? Is that President Eisenhower spoke them. We State in the Senate of the United the plan? can lead or we can mislead as the peo- States until the vacancy of the term Mr. LOTT. Madam President, if I can ple’s Representatives, but whatever we ending January 3, 1999, caused by the respond to the distinguished Senator do, we will be held responsible. We are resignation of the Honorable ROBERT J. from Nebraska, it is our hope that the going to be held responsible and ac- DOLE, is filled by election as provided Senate could consume much of the 10 countable. I am not talking about 1996. by law. hours allocated to the budget con- I am talking about any time over the Without objection, it will be consid- ference report this afternoon. That is next century. ered read. provided, of course, under the statute. So the Bible tells us that to every- The Certificate of Appointment is as We would be able to set the final vote thing there is a season, and I think my follows: on the conference report for midafter- season in the Senate is about to come State of Kansas, Office of the Governor noon on Wednesday, in all probability. to an end. But the new season makes CERTIFICATE OF APPOINTMENT Certainly, we are now consulting with this moment far less the closing of one To the President of the Senate of the United the Democratic leader, and he is mak- chapter than the opening of another. States: ing sure that that is agreeable. We all take pride in the past, but we all This is to certify that, pursuant to the We hope to have a unanimous-con- live for the future. power vested in me by the Constitution of sent request on that in, hopefully, a the United States and the laws of the State I agree with prairie poet Carl Sand- few minutes. Between now and 3:30, of Kansas, I, Bill Graves, the Governor of since a number of Senators did not burg, who told us: Kansas, do hereby appoint Sheila Frahm a have an opportunity to speak this Yesterday is wind gone down, Senator from Kansas to represent Kansas in morning in tribute to Senator DOLE, we a sun dropped in the West. the Senate of the United States until the va- I tell you that there is nothing in the world, cancy therein, caused by the resignation of hope that can be done in this hour. Only an ocean of tomorrows, Bob Dole, is filled by election as provided by Then we hope to begin on the budget A sky of tomorrows. law. resolution. Witness: His excellency our Governor Bill Mr. EXON. I have no objection what- Like everybody here, I am an opti- Graves, and our seal hereto affixed at To- soever. This Senator was one of those, mist. I believe our best tomorrows are peka, Kansas, this 11th day of June, in the also, who wishes to speak. I will be year of our Lord 1996. yet to be lived. So I, again, thank you. seeking 5 minutes of my own time for God bless America, and God bless the By the Governor: BILL GRAVES, that subject during the next hour. U.S. Senate. Governor. The PRESIDING OFFICER. Without [Applause, Senators rising.] RON THORNBURGH, objection, it is so ordered. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6047 TRIBUTE TO SENATOR BOB DOLE what we are about in this institution. ings are not significantly different by Mr. LOTT. Madam President, there is Those who really know BOB DOLE know what has been thought and what has no question that some of the most elo- that he is leaving not out of ambition been said by my colleagues on both quent speeches I have heard since I for higher rank, but out of determina- sides of the aisle. So aside from the have been in the Senate were presented tion to finish the fight and be in a posi- BOB DOLE that we all know so very, this morning by Senators on both sides tion to do all that he can do for his very well, I just want to say that I was of the aisle as a tribute to our good country. pleased to be here and to hear that ex- friend and majority leader, BOB DOLE. That fight, in terms of his country’s cellent speech that Senator DOLE gave They really were very impressive in future, is every bit as important as the as his farewell address in the U.S. Sen- terms of the relationship that Senators fight which gravely injured the young ate. It was sad in lots of ways, and yet have had with Senator DOLE and their BOB DOLE in 1944. it was so reassuring to see someone of love for him and for this institution. There are some who think of duty as the integrity, the ability, the char- Many Senators have enjoyed working a burden, heavy to bear and best acter, and the good nature of BOB DOLE with Senator DOLE and have learned a shrugged off onto someone else. spelled out in that speech so very, very great deal from him. Certainly, I am There are others who embrace duty, well. I hope that many, many people in one of those that has been studying at and carry it proudly, and do not put it the United States heard that speech by the feet of BOB DOLE. It has been some- down until the journey is done. my friend and colleague, the man from thing to behold. He is truly a master of In walking out of this Chamber Kansas. how to get things done. We can all today, BOB DOLE carries with him a I have worked with him so very, very learn from that. I hope that I am one lifetime of duty. long on so many issues. Many times we that has learned and will remember As we saw him exit this door, we all have been on the same side, but on those lessons. felt an emotional surge, and every many of the items we have been on op- I served in the House for a number of Member of this Senate knows he will posite sides. But never, as Senator years after having worked for a Demo- not put that responsibility and duty DOLE mentioned in his speech this cratic Congressman named Bill down. morning, has he ever, to my knowl- Colmer, the chairman of the Rules No one would understand better than edge, violated that cardinal rule of the Committee. Until this very day, when I BOB that not every Senator wants him U.S. Senate—unwritten, which is just remember the lessons I should have to succeed in his present mission. In- as effective: A man’s word or a wom- learned from that old gentleman, I do deed, a goodly part of this body will an’s word is their bond. In all of these well. When I forget those lessons, I usu- move Heaven and Earth to prevent nearly 18 years that I have had the ally get in trouble. So I think that as that success. pleasure of my association with BOB we go through life and as we go That is not perfidy. It is democracy. DOLE, I have never known Bob even to through political life, as we work in It is something BOB DOLE went to give a hint of breaking his word, be- Government, and as we go through our war to defend, and something he still cause if there was ever a man in the daily activities in the Senate, there are can appreciate more than most of us. U.S. Senate for whom we all know his But I dare say, despite the political OB OLE certain giants like BOB DOLE that we word is his bond, that is B D . On a personal note, I just want to say can and should all learn from. and partisan divisions on this Senate Madam President, there is a little floor, as we quite often experience, all when I saw Bob walk out after his ad- known custom, I guess, in the Senate of us understand something historic is dress, it took me back to times in all of for Members to carve their names in happening here today. our lives when there have been break- the drawers of their desks. In fact, Something none of us will soon for- ups. I suppose the first was when we when constituents come on the floor get. graduated from grade school and that when we are not in session, that is one It brings to my mind two other reluc- old gang of ours broke up and went on of the things they find most interest- tant departures in our Nation’s past. through our educational process. And ing. They pull the drawers out and see The first would be Washington’s re- certainly it is true. When you left the who signed these desks. luctant leaving of Mount Vernon to as- service of the United States of Amer- When you look into some of these sume a position he did not seek, but ica, that old gang was broken up. That desks, you find the great—and some- which his countrymen insisted he take. old gang that BOB DOLE was with was times not so great—names of the past. The second would be Lee’s agonized suddenly broken up when he nearly They are a veritable rollcall of our departure from his post of military gave his life in combat, in defense of country’s history. honor to fulfill what he considered a the national security interests of the In 28 years in the Senate, BOB DOLE higher duty. United States of America and the free did more than make his mark upon a Were he here, BOB DOLE would mod- world. But I thought of that breakup congressional desk. He made his mark estly dismiss any comparison with when I saw BOB walk out that door an upon this institution, not just its legis- Washington or Lee—or any other of hour or so ago. lation, but more importantly, its char- American’s great statesmen of the BOB DOLE meant so much to me be- acter. past. cause, despite our differences from He devoted most of his career to the He would rather let the future judge time to time, we always had an excel- Senate, but not because this Chamber such things, and so should we. lent personal working relationship. He and its business were an end in itself. Whatever the outcome of this year, came into Nebraska on two or three oc- For BOB DOLE, serving the Senate was whatever the course of its conflicts and casions to support my opponent in one serving his country. controversies, the future holds a place of my races. But never did BOB DOLE That service took precedence over for BOB DOLE as a giant of the Senate, say anything bad about JIM EXON, even most other considerations in his life. a man set apart from most by a quiet though he could have probably found Indeed, it took precedence over his passion for his country that we are some legitimate things that he could Presidential campaign—until today. only now beginning to understand. and maybe should have said. But that The reason BOB DOLE will not be with But Lord willing, we will benefit was not BOB’s way. BOB came into Ne- us on the Senate floor after today is no from it for years to come. braska, and he campaigned for my Re- great secret. I yield the floor, Mr. President. publican opponent—not against JIM The reason is that he was convinced Mr. EXON addressed the Chair. EXON. I think that is the mark of not he would better serve his country by The PRESIDING OFFICER (Mr. only a great statesman but a very ef- restoring leadership to its Presidency COATS). The Senator from Nebraska. fective leader, which he was of his than by handling the day to day affairs Mr. EXON. Mr. President, I thank the party as majority leader on that side, of the Congress. Chair. I wish to associate myself with but also someone that you could be We all know it was hard for him to the remarks by the distinguished Sen- truly proud of and call your friend. leave, and it was hard for us to see him ator from Mississippi. Little known outside the Senate, I leave. It affected us all, and it re- I just want to say a few words about suspect, was BOB’s strongest char- minded us once again who we are and my friend BOB DOLE. I suspect my feel- acteristic, and that was his sense of S6048 CONGRESSIONAL RECORD — SENATE June 11, 1996 humor. I am not sure that the public at lot of Democrats. I think everyone in fought to bring accountability to the large has understood that. But I have this body has tremendous esteem and criminal justice system. But, in 1994, had an ongoing relationship—very affection and love for BOB DOLE. He is Senator DOLE stood up for what he friendly—with BOB DOLE on many, one of the all-time great Senators. thought was right and opposed the so- many occasions. In fact, this year when There is no question about it. He will called Crime Control Act of 1994 be- he was running for President of the go down in history as one of the all- cause it was a pork-laden, big dollar, United States, I suggested to him—and time great Senators. Great Society social spending boon- he knew it was facetious—that I might Mr. President, 20 years ago, when I doggle. Some of our colleagues thought consider a draft to be his Vice Presi- was first sworn in as the junior Senator we had lost our minds when we opposed dential running mate, if he was inter- from Utah, BOB DOLE was among the a so-called crime bill in an election ested in that. BOB knows that I am a first of my Republican colleagues to year. But BOB DOLE did it because it Democrat—always have been and al- come up and put his arm around me, was the right thing to do. ways will be, and we had lots of jokes and helped guide me and helped me to He worked tirelessly for comprehen- about that. But over the years of learn the ropes. sive habeas corpus reform. He worked friendship, over the years of serving on I rise today to thank him for that, to crack down on frivolous inmate law- very tough issues, sometimes we were and for his extraordinary leadership in suits and was at the forefront of reform maybe at sword’s point, one would the years since. When the citizens from when, in 1984, he cosponsored the Sen- think, when we were debating a meas- Kansas elected BOB DOLE as their Sen- tencing Reform Act, which brought ure of some importance on the floor of ator, they chose a man who epitomizes truth-in-sentencing to the Federal sys- the U.S. Senate. BOB DOLE never lost the qualities of mainstream America, a tem. his sense of humor. He never forgot his team player, a war hero who dem- Mr. President, Senator DOLE has been sense of humor. And I think that is onstrated tremendous courage and per- a leader and a fighter for civil rights what helped carry him through prob- severance both on the battlefield and from the beginning of his career. Sen- ator DOLE knows full well that preju- ably that life-threatening wound that afterward, a hard worker and an honest dice and artificial barriers can hold a he received in battle and probably and decent man, a man whom all person down. As a Member of the other through some of the more heated de- Americans can look up to. body, he voted for landmark legislation bates that have taken place here on the By now, most of us are aware of the including the Civil Rights Act of 1964 Senate floor. I have never seen BOB wounds Lieutenant DOLE suffered on and the Voting Rights Act of 1965. He DOLE do anything but smile when that April morning in 1945. That was was a leader in the effort to extend the someone said something or told him about the same time that my brother Voting Rights Act in 1982. In 1967, then something that he thought was humor. was killed in the Second World War. Congressman DOLE voted for the Age So I am saddened by the fact that a BOB DOLE could have been killed too, Discrimination in Employment Act. In coworker for whom I have great re- and almost was. 1990, Senator DOLE supported the ex- spect, has made a choice that I think We have also heard about his amaz- pansion and clarification of this law to was the right choice for him to make, ing and long recovery. But less is protect older workers from the loss of especially with regard to the heavy re- known about how BOB DOLE was in- their employee benefits. sponsibility that he carries for his jured. Richard Ben Cramer’s book, Senator DOLE led the passage of the party, and he will carry in the Presi- ‘‘What it Takes,’’ tells us how: Martin Luther King holiday bill. It was dential election this year. In that re- Dole got his men down to the low stone a bill I voted against, and I consider it gard, maybe I can sum up my feelings, wall. Dole could have stayed in the middle the worst mistake I have made in my friendship, and understanding with BOB [of the platoon]. But he knew his job, and he 20 years here. I thought that we should DOLE by a statement that I made to did it. He was out in front, with the lead squad. not add another holiday due to both him in one of our more humorous con- the public and private sector costs in- versations maybe 6 months ago right in They were pinned down quick. They were pinned down in the field, when a farmhouse volved. But, frankly, in hindsight, I the heat of those very tough Repub- on the left opened fire: a Jerry machine-gun made a mistake. lican primaries for President of the nest . . . the men in the field were ham- BOB DOLE, however, did what was United States. I said to BOB DOLE, burger. right, and he brought that bill up and ‘‘You know, BOB, if we have to have a Dole had to get that machine gun. The lead helped to pass it. Republican President’’—then I re- squad was going to have to flank that house He played a key leadership role in en- peated it—‘‘if we have to have a Repub- and get that nest of Krauts [sic]. Sergeant acting the landmark Americans With lican President, I hope it is you.’’ Peo- Carafa assumed he’d be going out with the Disabilities Act. I worked hard on that ple that do not understand humor squad, but Dole said, ‘‘Sergeant, I’ll take ’em.’’ bill, and I know what he did. I was in might think that was a cutting thing the late night meetings. As the rank- BOB DOLE saw many men die trying for JIM EXON to say, but BOB DOLE ing Republican on the Labor and to knock out that machine gun. It was knew what I was saying. BOB DOLE Human Resources Committee, I was in knows that myself and all, likely, on that morning, trying to take it out, the leadership meetings. I have to tell OB OLE both sides of the aisle respect not only that he was wounded. B D could you, without BOB DOLE, that bill would the man’s talent but the man’s sense of have let someone else go out with the not have passed. The ADA extended responsibility and his sense of humor squad. BOB DOLE could have stayed be- civil rights protections and opportuni- which has endeared him to those of us hind and provided cover. BOB DOLE ties to millions of Americans with dis- on both sides of the aisle. could have stayed in the middle. In- abilities. I can remember when it Godspeed, BOB DOLE, to you and your stead, BOB DOLE was out in front. passed, he and I had tears in our eyes wonderful wife, Elizabeth. You are a BOB DOLE has been out in front ever because it was such a monumental day. great couple. And whatever the future since. He became a skillful legislator. Yes, BOB DOLE has been there for the holds, we will always hold you in high He knew how to get things done around big fights, let me tell you. esteem. here. But he also knew that duty re- BOB DOLE recognizes that rights in- I thank the Chair. I yield the floor. quired him to take action when it here in individuals, not groups. In 1995, Mr. HATCH addressed the Chair. wasn’t always in his own best interest he introduced the Equal Opportunity The PRESIDING OFFICER. The Sen- or when he saw public policy going Act, which prohibits racial, ethnic, and ator from Utah. down the wrong path. gender preferences in Federal employ- f Take, for example, his leadership on ment, Federal contacting, and feder- addressing the crime issue. Throughout ally administered programs. He TRIBUTE TO SENATOR BOB DOLE his career, BOB DOLE consistently sup- sparked a healthy and timely national Mr. HATCH. Mr. President, I thank ported legislation to fight crime and debate on affirmative action. In his my colleague from Nebraska for his help the victims of crime. From the Or- view, every American should be treated kind remarks about our friend BOB ganized Crime Control Act of 1969 to with equal rights under the law, with- DOLE, which were very eloquent. I the 1996 Antiterrorism and Effective out preference based on race, ethnicity, think he expressed it beautifully for a Death Penalty Act, BOB DOLE has or gender. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6049

BOB DOLE helped build the Repub- Whatever the future may hold for held hill in Italy, Lt. BOB DOLE never lican Party that we have today. He BOB and Elizabeth Dole, I just want to had any question about his duty. It was helped build the Republican majority wish them both happiness and God- this dedication to duty, a commitment we have today. There were no litmus speed. to serving the Nation, and pure, un- tests under BOB DOLE’s leadership. He Mr. President, I yield the floor. adulterated courage that sent Lieuten- successfully knit together Senators The PRESIDING OFFICER (Mr. ant DOLE up that hill, and it was those from Alaska to Virginia to form a KEMPTHORNE). The President pro tem- same qualities that not only saved his working team whose sole purpose was pore of the Senate, the distinguished life after being gravely wounded by to achieve the goals for America that Senator from South Carolina, is recog- hostile fire, but gave his life purpose in we all held in common—goals that I nized. the years following his near life-ending personally believe we hold in common Mr. THURMOND. Mr. President, in injuries. with the American people. recent years, many in the media, the As he lay in a hospital bed, it took a We are going to miss BOB DOLE in the public, and even some Members of Con- man of fortitude, determination, and U.S. Senate. I suspect even his worthy gress, have come to regard those who courage to face 39 months of surgery, adversaries on the Democratic side seek positions in the public sector with convalescence, and rehabilitation. It have come to admire his determina- some amount of contempt and mis- took courage, fortitude, and deter- tion, skill, and faithfulness to the peo- trust. Most of us in this Chamber know mination for BOB DOLE to face the fact ple he represents. I believe there is such characterizations are not only un- that his dream of becoming a doctor unanimous agreement in this body that fair and inaccurate, but do much to and helping others had ended. It took BOB DOLE served with honor and dis- harm the sanctity and reputation of a courage, fortitude, and determination tinction as one of the greatest Sen- body dedicated to debate and providing for him to make the decision to not ators in the history of this Federal Re- for the Nation. make his disabilities a handicap, but to public. The large majority of those who be- force forward with life and to dedicate I have to say something here that I come Government officials are honor- himself to serving others through pub- am sure BOB DOLE does not know, but able individuals, but there are a hand- lic service rather than medicine. It I am going to say it publicly because it ful of Senators in particular whose con- took a man of fortitude, determina- means so much to me. My brother died duct and dedication to service are tion, and courage to learn again how to shortly before BOB DOLE got wounded above reproach, and who stand as liv- do all the things that you and I take in the Second World War. My brother ing contradictions to those who believe for granted; to go back to school in was very dear to me. I was only 10 that this is an ineffective and partisan order to finish his undergraduate de- years old when he died. When we re- body. These Senators are men and gree and earn a law degree; and, to ceived the news, I immediately got a women of principle who are dedicated begin his career. Simply put, it took white streak of hair on the right side of to the noble cause of working to bene- grit to survive what BOB DOLE survived my forehead because it was such a fit all the people of the United States. and to essentially start life anew. shock to me. Today, it is with great regret that I Since entering politics and public He was killed in the Ploiesti oil raid, mark the departure of a man who sets service, BOB DOLE has never looked which, of course, was the pivotal oil a standard for service to the Senate back and he has never faltered in his raid of the European war because it and the Nation that is truly un- duties. He has approached each posi- knocked out all of the Vienna-Austrian matched—the majority leader and Sen- tion he has held with enthusiasm and oilfields that Hitler depended on. But ator from Kansas BOB DOLE. has earned a reputation for thorough- Jess’ death was a tremendous shock to I doubt it came as a surprise to any- ness, fairness, and honesty. These us. one in Russell, KS, when BOB DOLE qualities, along with those outlined When I came to the Senate, BOB DOLE first ran for elected office in 1951. The earlier, endeared him to his fellow put his arm around me. He looked like bright young war veteran and attorney Kansans who sent him on to positions my brother, to a large degree. My had already established a well-deserved of progressively more importance and brother had the same color hair, was reputation for courage and hard work responsibility. From the Kansas Legis- about the same height, about the same when he declared his candidacy for a lature, he served as Russell County at- build. My brother was a football player seat in that State’s House of Rep- torney, and then as a U.S. Congress- as well. He looked a lot like my broth- resentatives. It was these two simple man for four terms before coming to er. I have always considered BOB DOLE, OB OLE the U.S. Senate in 1968. It is here that for good or bad, to be my brother. attributes that not only help B D I have tremendous respect and admi- to win that election, but have helped to I met BOB DOLE and immediately took ration for this man, this fellow who has guide him through life of challenges, a liking to this serious-minded fellow given so much to his country and who, hardships, and accomplishments. veteran who had a pragmatic approach if everybody in America knew him— The heartlands of the Kansan prai- to the issues before the Nation, and a knew him like we do—there would be ries are where BOB DOLE learned about fire in him to serve. no question that he would be the next being tough and not giving in when in Over the next 28 years, I became President of the United States. the same situation the average person quite fond of Senator DOLE as a col- I have to say I love BOB DOLE. Elaine might simply give up the fight. While league and a friend. I was pleased to does, too. We love his wife Liddy. She this is a region of simple beauty, kind watch him grow into his position as a is a tremendous human being. As both people, and strong values, during the Senator and to become one of the lead- chairman and ranking member of the time of BOB DOLE’s youth it was also a ing spokesmen for our party not only Labor Committee, I worked with Liddy place that was rife with hardships for in this body, but throughout the Na- Dole, who served as President Bush’s those who lived there. It was a place tion. His abilities as a public servant Secretary of Labor. I have to tell you I where hard work was not a virtue, it did not escape many, including Presi- appreciated those days and appreciated was a necessity for survival, especially dent Gerald Ford, who selected Senator her kindnesses to me and her great during the Nation’s most severe eco- DOLE to be his running mate in 1976. work for the country. nomic crisis, the Great Depression. The longer BOB DOLE served in the Sen- Today, BOB DOLE is leaving the Sen- In his hometown of Russell, KS, BOB ate, the more prominent and critical ate to pursue a different calling. Yet it DOLE also learned about things such as his role became in the legislative proc- still is the calling of public service. He patriotism and a commitment to serv- ess. His razor sharp mind gave him an did not have to leave the Senate. No- ing the Nation. He was taught that encyclopedic familiarity with legisla- body could have pushed him out of these words represented more than tion and legislative procedure, both here. It would have been safer to stay. mere ideas or ideals, they were part of which he put to good use as he as- But we have already learned that BOB the responsibilities of citizenship in cended the ladder of Senate leadership. DOLE does not stay safely in the fox- this great land. During World War II, Furthermore, his years of experience as holes. That is not what we expect of BOB DOLE served his country as an offi- a Member of Congress gave him an in- our leaders, and BOB DOLE, in my opin- cer in the Army, and when he was or- sight into the affairs or the Nation ion, has what it takes. dered to lead an attack on a German- that could be matched by a few with S6050 CONGRESSIONAL RECORD — SENATE June 11, 1996 whom he served, and made him a val- of his public service—campaigning for every day. BOB DOLE’S destiny will ued advisor to fellow Senators, and to the highest office in the land. take him to even greater challenges Presidents. In short, BOB DOLE was, Mr. President, for the past 16 years, I and responsibilities next year. And I and continues to be, a man of tremen- have been privileged to represent the know he will always keep Alaska’s spe- dous abilities and background whose people of the State of Alaska in the cial needs in mind whenever he makes experience allows him to have an im- Senate. And throughout my tenure in decisions on economic policy. pact on the governing of the United the Senate, BOB DOLE has been a friend Mr. President, I suggest the absence States that is unique and nothing short to the people of Alaska and a leader of a quorum. of beneficial. who has always been sensitive to the The PRESIDING OFFICER. The It seems hard to believe that BOB special needs of our young State. clerk will call the roll. DOLE is leaving the Senate. After al- BOB has traveled extensively in Alas- The bill clerk proceeded to call the most 30 years of prominent and dedi- ka. And he understands that unlike roll. cated service, he seems as much a part States that entered the Union in the Mr. STEVENS. Mr. President, I ask of this building as the statute of Armed 18th and 19th centuries, Alaska, which unanimous consent that the order for Freedom which sits atop the Capitol has only been a State since 1959, is far the quorum call be rescinded. and guards the District and the Nation. more dependent than other States on The PRESIDING OFFICER. Without More important and significant than decisions made in Washington. objection, it is so ordered. merely enduring the rigors and battles Almost 70 percent of Alaska is owned Mr. STEVENS. Mr. President, we of the Senate for almost three decades by the Federal Government. Fifty-four have just said goodbye to the majority is that during his life and in his tenure million acres of Park Service land is in leader, who has just retired. He has left in Congress, BOB DOLE has made a dif- Alaska—68 percent of all Park Service the Senate with great support from ference in the history of the United land in the Nation. Fifty-seven million those of us who have known him and States. Among other things, he has acres of designated wilderness is lo- really do have a great love for BOB stood tall for a budget that will not cated in Alaska. That’s over 60 percent DOLE. saddle future generations with an un- of all wilderness lands in the country. I have known him since he was a fair debt; he has fought hard to give And 76 million acres of Fish and Member of the House. I was not a Mem- our men and women in uniform the re- Wildlife Service land is in Alaska— ber of the House, but I knew he was sources they need to keep America free That’s 85 percent of all Fish and Wild- there in the House. BOB DOLE and I and safe; he remained firm on the need life Service land in the United States. came to the Senate at the same time. for drawing the line against the crime The purpose in providing these sta- As he leaves today, I am, as he just and criminals that prey on innocent tistics is to reiterate to my fellow Sen- said, the sole survivor of the class of Americans; he did not flinch in work- ators that almost any economic activ- 1968. He has been a great friend of ing to contain our former Communist ity that is done in Alaska can only get mine. I have been on the floor before to enemies; and, he has worked hard to started if the Federal Government does say how I felt about BOB DOLE. ensure that the United States main- not stand in the way. BOB DOLE has al- I have also remarked about the fact tains the most dynamic economy in ways understood that. that he has also been a great friend of the world. Time and time again, BOB BOB DOLE also understands that our the State I represent. He assisted us DOLE has been on the right side of the natural resources can be developed in a greatly in the passage of the Alaska issues, working to create legislation responsible manner using our best Native Land Claims Settlement Act, and policy that is beneficial to the citi- technology without harming our envi- which paved the way for the trans- zens of this Nation, and leading this ronment. Alaska pipeline. He assisted me many body toward a vision of an America BOB DOLE does not sell America’s times in matters pertaining to the that is safe, wealthy, and full of oppor- technology and ingenuity short—he be- oceans—the Fishery Conservation Act, tunity as long as there is a United lieves that it is better to harvest our which protects the fisheries off our States. It is with no small regret that abundant resources in an environ- shores. He voted with us on the Alaska I say I will miss my colleague, my lead- mentally responsible manner rather Lands Act, on issues that we tried to er, and most importantly, my friend, than sending our dollars and jobs over- change in that bill in 1980. He and Eliz- BOB DOLE. I wish him well and thank seas by importing resources. abeth Dole were very helpful in assist- him for his service, and for the example Mr. President, BOB DOLE has served ing us on the Alaska Railroad transfer. he has set for selflessness, patriotism, as the Republican leader for more than As a matter of fact, as I have told and humility. 11 years-longer than any Republican many of my friends, their Christmas Mr. President, I yield the floor and leader in history. He has had to juggle card that year was the photograph of suggest the absence of a quorum. and balance the interests of States as the Secretary of Transportation and The PRESIDING OFFICER. The different as Florida and Alaska in her husband standing at the back of clerk will call the roll. order to get legislation from the draw- the superintendent’s car on the Alaska The bill clerk proceeded to call the ing boards to President’s desk. Railroad. That was Elizabeth’s trip to roll. Throughout all of the time I have Alaska, and BOB was traveling with his Mr. MURKOWSKI. Mr. President, I known BOB, he has never sacrificed wife in her official capacity. He was of ask unanimous consent that the order what is important to Alaska’s 600,000 great assistance to me at the time that for the quorum call be rescinded. citizens in order to get a piece of legis- we had the terrible disaster of the The PRESIDING OFFICER. Without lation adopted. In fact, it was BOB Exxon Valdez oilspill. I could go on and objection, it is so ordered. DOLE’S leadership that ensured that for on and talk about things that BOB has Mr. MURKOWSKI. Mr. President, the first time last year, Congress au- done with me. today a giant in the annals of the U.S. thorized oil exploration in ANWR. What I really want to talk about, Senate, Senator ROBERT DOLE of Kan- And when BOB DOLE moves to the though, today is BOB DOLE as a leader. sas, the Republican leader, has chosen White House next year. Alaskans can As he said to some of us today, he be- to leave this great institution to pur- be assured that the roadblock to our lieved that, as the leader, he tried to sue and, I believe to win the Presidency economic development will finally be reach out to those of us here in the of the United States. The Senate will removed. He knows that America’s eco- Senate who might disagree with him, never be quit the same; for Senator nomic security cannot be assured so and reach out to Americans. Recently, DOLE has that rare and admired quality long as we are dependent on foreign we had a report of a poll in my State of making things happen, getting countries for more than 50 percent of that showed BOB DOLE is more popular things done, and moving this tradition- our energy needs. than almost any of us who are elected layered institution forward. Mr. President, Alaskans will miss officials in Alaska. He is well known in All of BOB DOLE’S adult life had been Senator DOLE’S leadership and sensitiv- the north country because they know spent in service to the American public ity to our State’s needs. I will miss that he has gone out of the way on the and today he has not ended that serv- him as a person and friend that I have campaign trail to go as far away as ice. He is just entering the final phase grown accustomed to talking with Alaska. I am one of those. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6051 There are not very many of us re- appointed that the move to bring tele- the passage of several pieces of impor- maining here now who saw service in vision to the Senate had failed, and he tant legislation, including, for exam- World War II. Part of my role has been asked me if I would work with others ple, the landmark Americans With Dis- to work as chairman of the Defense Ap- in the Senate to bring that about. It abilities Act in 1990. propriations Subcommittee to assure was at that time a privilege, really, to For many years, Senator DOLE was a that we keep the mandate we received represent the leader in meeting with supporter of legislation to protect civil from the Constitution to provide for Senators from the other side and on rights. For example, his efforts were the common defense. our side of the aisle. There were some crucial in the passage of the renewal of BOB DOLE has never, ever voted Senators who changed their positions the Voting Rights Act in 1982. against those of us who believe in a when they realized that the new leader His imprint is also on the Food strong defense. He joined all of us who was very sincere and wanted to have Stamp Program, on Social Security, worked together in the Reagan years the American public know what was and other important measures. to see to it that we could rebuild our going on in the Senate. One legislative achievement that national defenses—really our total I think that the Senate has been may not get much notice, but which military capability—at the time that changed by television coverage in the helps some of our Nation’s most vul- the Soviets were going into an enor- Senate—some good and some bad, but nerable people, is Senator DOLE’s sup- mous military monolithic Communist mostly good. I believe it has dem- port for the Program of All-Inclusive dictatorship. He was quite successful in onstrated for the country what is Care for the Elderly, or PACE. Senator OLE getting the Senate to help President ahead of us if BOB DOLE is successful in D and I share an interest in this in- George Bush at the time of the Desert his new quest, because he does reach novative long-term care program, Storm victory. He knows the value of out for people. He makes sure that ev- which is a nationwide effort to inte- defense. One of the issues he is talking eryone involved around him has a grate services for certain elderly Medi- about now, as he leaves us, is our mis- meaningful role and listens. He listens care and Medicaid patients. PACE has sile defense system. to advice. If there is one thing that I managed to provide an extensive array He has told us himself today about think can be assured in the days ahead, of services while saving money, both laudable goals. his role in the Disabilities Act. He has it is that candidate DOLE is going to On another issue—committing Unit- worked with us in child nutrition, and listen to America and America is going ed States forces to Bosnia—Senator he certainly has been responsible for to listen to candidate DOLE. For my- DOLE and I were in disagreement, but the family tax credits coming back to self, I can think of no better thing for even though we were on opposite sides where they should be. We hope to real- the country than to know that we go to of the final vote to send American ly increase those in the future. As was the beginning of the new millennium troops there, I recognized his efforts to remarked here on the floor by our lead- with a new President. work for bipartisanship and to take a er, he has reduced the tax rates in our So I hope, Mr. President, that this risk to support what he regarded as the country from a maximum of 90 percent day, this decision that my good friend necessary action in this area. to a maximum of just over 30 percent— has made to leave this Senate, which Mr. President, it is unfortunate that, for most Americans, 28 percent. he loves and we all love, proves to be during an election year, the Senate is But I am really full of memories the right decision for him and for the so often consumed by partisan tensions today as we have seen our leader leave country. I know that he has not left and maneuvers. Nevertheless, the U.S. us because, as he mentioned in his our hearts because those of us who Senate is an institution where it is pos- statement, in 1984, I, too, was a can- know him will be with him all the way sible to reach across the aisle and find didate to become the leader of the Sen- along the trail. common ground. ate. After several votes, it came down As the statement made by Theodore Senator DOLE has devoted many, to a contest between Senator DOLE and Roosevelt was read today in our meet- many years to the Senate and to work- myself. During the counting of the ing, as we gave him the bust of Teddy ing on issues of enormous public inter- vote, he came over and congratulated Roosevelt, BOB DOLE has known both est. He has earned the respect and ad- me and thought that I had won. To the victory and defeat, and he has shown miration of all of his colleagues, Re- contrary. He won the election by a nar- his courage and his ability to stay the publicans and Democrats alike. row vote. At that time, I asked for rec- course. I believe he has what it takes. Mr. President, BOB DOLE will be long- ognition and asked Senate Republicans I hope he will know victory in the days remembered in the U.S. Senate, and to vote unanimously for Senator DOLE ahead. this Chamber will simply not be the because it was clear we needed a united Mr. FEINGOLD. Mr. President, I rise same without him. Republican group in the Senate to to salute the energy, intelligence, and Mr. LEVIN. Mr. President, today the move forward. In retrospect, I think personal strength of a man who is leav- Senate loses one of its true legislative that was probably one of the smartest ing a remarkable career in the U.S. craftsmen. When I came to the Senate, moves I ever made and one of the best Senate, the majority leader, Senator BOB DOLE had already earned a reputa- votes I cast—to assure that BOB DOLE ROBERT DOLE. tion as a legislator, a Republican who was elected the leader of the Repub- Many of my colleagues have worked could cross the aisle to work with lican side unanimously. He has shown with Senator DOLE far longer than I, Democrats to solve problems and reach us what he can do. but it didn’t take me long after I ar- compromise. This is the essence of the I want the Senate to know how much rived here in 1993 to develop a healthy Senate. I soon learned that the reputa- he demonstrated his philosophy of respect for his skill as a legislator and tion of the Senator from Kansas was reaching out. After that election, he for his ability to lead his Republican well earned. Over the years my respect asked me to come see him, and he told colleagues. Moreover, it quickly be- for his ability to craft a legislative so- me that he had some things in mind. came clear to me that Senator DOLE is lution has grown. We will all miss his For instance, one of the things he a man shaped and defined by his ability skill. wanted to do was have the Senate more to meet challenges without flinching We will also miss BOB DOLE for his involved in the oversight of the arms and to overcome them. sense of humor. The Senate can be a control negotiations that were going He has been accorded well-deserved place of high drama, high pressure, and on at that time. He asked me to chair praise from both sides of the aisle, and sometimes high dudgeon. BOB DOLE, the arms control observers group which his colleagues on the other side have who has himself shown a real bite from he created at that time. He got the demonstrated their respect for his time to time, and who is a tough fight- support of the minority, and we cre- abilities by making him the longest- er for his point of view, more often ated a bipartisan group that played, I serving Republican majority leader in than not is able to defuse the situation, think, a very successful role in work- the Senate’s history. and sometimes disarm his opponents ing on arms control negotiations. Mr. President, Senator DOLE’s gov- with a quip or a flash of his wit which He also came to me—I think this is ernment career since he joined the leaves them laughing. probably not too well known in the Senate in 1968 is widely known and re- But, most of all, Mr. President, BOB Senate—and said that he was dis- spected. He has played a pivotal role in DOLE will be remembered in the Senate S6052 CONGRESSIONAL RECORD — SENATE June 11, 1996 as a man of his word. There is no great- from Dean Ostrum years after the cam- good humor who calls forth the better er compliment which one Senator can paign was over: angels of our nature. pay to another. ‘‘How long was my day? I don’t know, As President of the United States, he In this body, a Senator is only as but it wasn’t as long as BOB DOLE’s I’m will make America safe and sound for good, only as reliable, only as effective, sure of that.’’ us and our children. As President of as his or her word. Senator ROBERT Forty-four years later that state- the United States, he will help make DOLE has earned the respect of all who ment still rings true. No one I know the world safe for America. have served with him in this Senate. has ever outworked BOB DOLE. Mr. LUGAR. Mr. President, as BOB Mr. COHEN. Mr. President, there are One of the reasons I believe so DOLE leaves the U.S. Senate today, we few true heroes in this country, but one strongly in BOB DOLE’s candidacy is be- are participating in a celebration un- who has lived in our midst for many cause we share common views and val- like anything we have witnessed in the years is BOB DOLE, who has accom- ues. We believe that consensus and Senate for many years, and are un- plished so much in his life and is going compromise make for good govern- likely to see again in this century. The off to accomplish more. He was a hero ment. We believe that rigid ideas and abundant flow of affection in the midst in war who now and forever will bear hardened positions drive people apart of applause and tears are testimony to the scars of his service to his country. and lead to stalemate and paralysis. our recognition of BOB DOLE’s invest- And he is a hero in peace—a man who We believe in Ronald Reagan’s theory ment in the Senate, our recognition of can maneuver through the legislative of the big tent—that the Republican the hold his leadership has on our per- trenches with grace and daring, avoid- Party is a caring and compassionate ceptions of the Senate, and the mean- ing minefields and pitfalls, running the organization that welcomes people of ing of statesmanship, public service, gauntlet while dodging bomb blasts all backgrounds, a party that does not and patriotism. from his opponents. demean minorities by ridiculing their Senator BOB DOLE of Kansas was eas- He leaves us today to enter a new ancestry, a party that speaks of hope ily reelected to a fifth term in the U.S. battleground, where, I have no doubt, and promise and does not exploit fears Senate. After 8 years of service in the he will prevail with the same creativ- and anxieties. U.S. House of Representatives, he is in ity and tenacity that had made him We believe in a strong national de- his 28th year of Senate service. On such an able Senate leader. fense, that America cannot be the most days in the U.S. Senate and in BOB DOLE has the experience, the world’s policeman, but neither can we most battles, BOB DOLE has been the temperament, and the judgment to be afford to become a prisoner of world voice and the very visible, energetic President. He is a man of honor and events. Some want to walk away from leader of the Republican Party. courage who understands the workings the world, but BOB DOLE knows the BOB DOLE is the personification of of Government at the highest levels world won’t walk away from us. hard work, constructive intelligence, but has never lost his understanding of We believe that the best protection personal loyalty and the determination common men and women. That’s be- for American industry and workers is to succeed against all odds. cause he is a common man, who to open up our minds through edu- His life has been filled with honors through the sheer force of his intellect cation, training, and competition—not and recognition for significant achieve- and industry has reached uncommon by shutting down our ports. We believe ments. But perhaps the defining mo- heights. we must prevent illegal immigration ments of his life were those he spent on There are, of course, many stories but not punish those who seek the a mountainous Italian battlefield. that could be told to illustrate the blessings of America by complying The troops he led as an Army infan- spirit and fortitude that has brought with our laws. try lieutenant were exposed to deadly BOB DOLE to such heights, but two of BOB DOLE, like Ronald Reagan before enemy machine gun fire. He led the my favorites date to 1952, the year he him, has dedicated his life in public charge to eliminate the enemy em- was elected county attorney in Russell, service to tearing walls down around placement. He absorbed withering fire KS, and began his political career. the world and not putting them up which tore his body and almost ended One night after Bob was elected, a around America. his life. man named Huck Boyd was driving We also share a common belief that His heroism was recognized prompt- through Russell after midnight and for government to operate most effec- ly. But his ability to force feeling and saw the light still on at the county tively—or in this day and age some movement into his wounded body, to courthouse. Huck Boyd was editor of a might say to operate at all—it is nec- restore some hope that he could feed weekly newspaper and thought there essary for policymakers to understand himself, dress himself, and function as might be a break-in, so he pulled over that goals cannot always be achieved a working, contributing man, took to investigate. It turns out that BOB at once. Progress must often come in years of agonizing treatment, therapy, DOLE, the new county attorney, was small steps. BOB DOLE understands that and persistence beyond comprehension. still working at his desk. And it also principle better than most and he has BOB DOLE is intellectually and phys- turns out that Huck Boyd was Kansas’ the judgment, gleaned from years of ically tough because his very life and member of the Republican National experience, to know when those steps being have depended upon that tough- Committee, and was so impressed by can be taken safely—or when one more ness. But those same fateful experi- this hard-working young man that he step will send us hurtling over a dan- ences have undergirded his compas- started talking him up throughout gerous precipice. sionate championship of all handi- Kansas as a future political superstar. BOB DOLE understands that power capped Americans who have counted But the quote I like best comes from and responsibility must be returned to upon him to extend a strong hand back the story of the 1952 county attorney the States. We have a $5 trillion debt to pull them into the fullness of life in election itself. Two young men who that is gobbling up our children’s eco- America. had come back from World War II were nomic future, and we know we have to From his early days in Russell, KS, running—BOB DOLE and Dean Ostrum. slay this monster or it will surely slay BOB DOLE has understood the struggle Dean was a bright young man who had us. of many families to keep food on the enjoyed many of life’s advantages and The man who stood for so many years table. He has been the Senate cham- was the son of perhaps the best lawyer beside us in the Senate does not appear pion for thoughtful nutrition pro- in Russell. BOB DOLE didn’t have all to be wearing armor. But he is. It’s grams, including comprehensive the advantages of life, had seen more made of a composite stronger than knowledge about food stamp distribu- adversity in 29 years than most people anything that can be manufactured by tion and a host of food programs for see in a lifetime, and was the son of campaign strategists, pollsters, or the working poor of our country. Doran Dole who worked in a local spin-meisters. It’s made of a belief in I first met BOB DOLE when he was creamery. As the campaign wore on, God, country, family, honor, and duty. Chairman of our national party, and Bob outthought and outhustled his op- I have known BOB DOLE for more later as our Vice Presidential nominee ponent, won by 200 votes, and launched than 20 years as both a friend and a in 1976. In the days following that elec- his political career. The quote I like is leader. He is a man of good heart and tion, I called BOB DOLE to thank him June 11, 1996 CONGRESSIONAL RECORD — SENATE S6053 for his leadership and to ask for his called ‘‘Face Off.’’ We were usually, but but—more importantly—for the future help in fulfilling my first Senate cam- not always, facing in opposite direc- of America. A battle that will lose or paign pledge, namely, to seek a seat on tions on the issues, but Senator DOLE’s save America for the next generation; a the Agriculture Committee. Even at a intelligence and wit always shone battle to accomplish what all genera- time of his own personal discourage- through, and helped make the daily tions except ours have done before us— ment, he was characteristically helpful analyses both enlightening and enjoy- leave America a better place for our to me. I was seated at the end of the able. children and our grandchildren. minority side of the table as the most Often, even in the most contentious Mr. President, it is a battle that junior member. I have witnessed for 20 debates in the Senate, his excellent must be fought; a battle that must be years the mastery of BOB DOLE as a sense of humor was particularly effec- won. And I can think of no one better farm legislator. tive, and he used it skillfully to defuse to lead the mission than BOB DOLE. His energy level is astonishing. His the tensest moments. Mr. COATS. Mr. President, today capacity to entertain new ideas and his Now, Senator DOLE leaves the Senate Senator DOLE becomes citizen DOLE. He generous ability to boost other people with a record of many accomplish- has every right to be proud of that have strengthened my enthusiasm for ments that have served the Senate hard, courageous decision. We in the this remarkable Kansan. well, the Congress well, the State of Senate have every reason to be sorry He deserves the opportunity to serve Kansas well, and the people of America for it. our Nation as its President. The Nation well. Senator DOLE leaves a legacy of last- deserves his Presidency, which could be I join Senators on both sides of the ing influence. He led this body to his- a term of remarkable achievement aisle who have found it a great privi- toric accomplishments, including the based on his innate courage and wis- lege, a great honor, and a great edu- rescue of Social Security and the first dom, and his universal experience with cation to work with Senator DOLE over balanced budget in a generation. He led public persons and public issues. the years. We admire his leadership his party, 2 years ago, to historic vic- I will be one who strives to help him and statesmanship, and we value his tory. And now he has accepted one realize new dimensions of leadership, friendship. We respect him, and we will more opportunity to serve—one more because I have witnessed his integrity miss him very much in the months and chance to lead. and I have confidence in his judgment. years ahead. This is the common thread that runs For the moment, I believe it is most Mr. FRIST. Mr. President, I rise through an uncommon life—leadership. important simply to recognize that to today, as have my Senate colleagues, He has provided a definition of the applaud BOB DOLE is to applaud the vi- to pay tribute to the distinguished term. tally important concept that good peo- Senate majority leader, Senator ROB- Senator DOLE has mastered the art of ple arise in America to assume great ERT DOLE of Kansas. consensus. He knows when a break- responsibilities. Our country is strong- Mr. President, the great American through depends on one well-placed er because this Senator always saw his patriot Henry Clay, who also served as word. He knows how to cool tempers duty and inspired so many Americans a Member of the House and the Senate, and emphasize agreement. He knows to follow him. once said, ‘‘Of all the properties which how to turn the chaos of this process Mr. KENNEDY. Mr. President, I join belong to honorable men, not one is so into tangible achievements. These are in wishing the majority leader well— highly prized as that of character.’’ rare and important qualities. but not too well—as he takes his leave He was right. As imperfect beings, we But this is only half of the story. I of the Senate. all strive to cultivate virtuous quali- have seen another side of Senator He and I have differed on many occa- ties—we endeavor to be kind; we are DOLE’s leadership. He once put it this sions on many issues during the many mindful to be courteous; in trying way: times, we struggle to maintain a sense years we have served together. But we I believe there is a place for honest nego- have also been able to find many oppor- of humor, but character, as the fiery tiation in politics. It is an essential part of tunities to work well together on many turn-of-the-century evangelist, Dwight Democracy. Every political movement, and different issues of both foreign and do- L. Moody, once so bluntly defined it, every public official, however, must locate a mestic policy, and I have great respect ‘‘is what you are in the dark.’’ place where compromise ends—a core of con- for his ability as a Senator and Senate Character is not something one can viction where we keep our conscience. There leader. put on, like a new set of clothes. It is comes a time when even practical leaders Of course, I liked it better when he not something one trots out on special must refuse to bend or yield. was minority leader instead of major- occasions, like courtly manners. It is For Senator DOLE that core of con- ity leader. not something one can pretend to pos- viction is basic and clear, permanent In fact, we have worked closely on sess. Yet, despite its ethereal quality, and solid: safe streets, strong families, many significant issues over the years. character is unmistakably apparent. It military strength, fiscal responsibility, I think particularly of the Americans is the steady hand in times of crisis, a decent public culture. These commit- With Disabilities Act in recent years. the quiet voice in times of stress. It is ments are nothing new and everything Senator DOLE was a strong supporter courage in the face of adversity, important. They are rooted deeply in from the beginning. He stepped in early strength of purpose, when all else the soil of the midwest in the lessons of and often, and prevented many abra- seems to fail. It is a ‘‘property,’’ as a small town in his experiences of suf- sive confrontations on that bill. As a Henry Clay put it, whose value is be- fering and service. BOB DOLE under- result, it was enacted with broad bipar- yond measure, a characteristic no stands the secret strength of America, tisan support in Congress, and has be- amount of money can buy. because he embodies it. come one of Senator DOLE’s and Con- Mr. President, ROBERT DOLE is a man Senator DOLE understands that gress’ most notable achievements. of character. A man who has remained Americans value freedom and respon- Senator DOLE and I also worked well true to his convictions; a man unafraid sibility, but must still care for one an- together on other civil rights bills, on to defend his beliefs; a man who says other in times of crisis and need. He voting rights bills, on child nutrition what he thinks, and means what he understands the fears at the edge of legislation, and a range of other issues. says. He is a doer, not a talker; a fight- poverty, because he felt them in his In addition, we served together on the er, not an equivocator; a leader not a youth. He understands the price of lib- Senate Judiciary Committee for 6 dodger. erty, because he paid it himself. He years at the end of the 1970’s and the Today he leaves the U.S. Senate and fights strongly, because he believes beginning of the 1980’s, and I was con- the battlefield he’s loved so well for so deeply. We have come to depend on this sistently impressed with his day-to-day many years, the Senate floor. But he core of conviction, based on the lessons ability on the issues and his tireless goes not gentle into the good night. He of a life. energy and dedication. leaves on one last mission. He leaves to In his legislative career, Senator I also have many warm memories of engage perhaps the most important DOLE has displayed both elements of the daily radio debates we did together battle he will ever fight—a battle not true leadership: consensus and con- for 4 years in the 1980’s on our program just for the heart and soul of America, science, flexibility and firmness. He is S6054 CONGRESSIONAL RECORD — SENATE June 11, 1996 an example to all of us who work with travel whenever he could, wherever he ment reform to the supplemental secu- him—who follow him—who respect could, to bring the balanced budget rity income system. I could talk today him. Leaving the security of the Sen- crusade to Americans everywhere. of our work in shaping the direction of ate is just another example of the And last year, after our constitu- our Nation’s social policies, more re- moral courage we have come to know tional amendment fell one vote short, cently during a very intense debate the essence of leadership at the mo- and then again this year, he showed here last fall on a comprehensive wel- ment of testing. that the Senate could break with his- fare reform package. I was honored to T.S. Eliot wrote, ‘‘in my end is my tory and make history, could muster have been of assistance to him in man- beginning.’’ This is the end of a distin- enough courage, under his leadership, aging the floor discussion, and it was guished legislative career. It is the be- to actually produce a balanced budget. during this debate that Senator DOLE’s ginning of a new mission. That mission Citizen, Senator, Majority Leader guiding hand was once again exhibited takes Senator DOLE beyond this body, BOB DOLE has worked, fought, and spo- in maneuvering this body through one and we regret it. But I am convinced it ken to the Nation for the balanced of the more contentious and important will take him to the White House. Sen- budget amendment because he cares discussions of national policy. ator DOLE—citizen DOLE—has only about the future of our Nation; because As the youngest member of this begun his service to this Nation. he cares about our children, and what body, however, it is with a different Mr. CRAIG. Mr. President, I rise to kind of opportunity we leave for them; perspective that I would like to focus honor and remember our distinguished because he cares about having a coun- my remarks today. Many of BOB DOLE’s majority leader, our colleague, and our try that provides for the security of most significant experiences, espe- friend, BOB DOLE, as he prepares to our seniors and the best possible jobs cially his service in defending this leave the Senate. for our working men and women. country in World War II, largely pre- When you work with or around BOB Many, many aspects of BOB DOLE’s cede my 38 years. His 35 years of serv- DOLE, you soon realize: He has consist- life have demonstrated how much he ice and leadership in Congress roughly ent values and an unwavering commit- cares about people, especially the help- bridges the span of my life. And while ment to them. less, and about our country. I have only had the honor to serve He’s been in there fighting for a bal- Much has been said about his record under his direct leadership in the Sen- anced budget—not because of some as a war hero and his war injuries. And, ate for a year and a half, I have indi- green eyeshade interest in the num- of course, much has been said about his rectly benefited from BOB DOLE’s sac- bers, but because he knows its a moral public service. rifices, courage, and convictions for the issue. Unlike many in politics, he has not better part of my life. He’s been fighting for years, consist- just sympathized with people’s pain, he Today’s speeches have been filled ently, for a balanced budget constitu- has been there. with personal reflections, tributes to tional amendment because he under- Doctors first said he would not live service, and legislative and policy his- stands this is a principle of fundamen- because of his war injuries. Then they tories that all have been influenced by tal fairness, and he understands how said he would never walk again. the gentleman from Kansas. As moving the Constitution really works, protect- But he did much more than walk—he and genuine as these reflections have ing the basic rights of the people by soared on the wings of self-sacrifice been, time and history will truly cap- preventing the Government from abus- and service to others. ture and attest to the magnitude of ing its powers. Because of the values he learned Senator DOLE’s service and the impor- I’ve worked with BOB DOLE on other growing up in Russell, KS, because of tance of his departure. constitutional issues, from protection the lessons of life, he understands peo- Rapid change in the character and of second amendment rights to private ple and cares about people. makeup of both Chambers has marked property rights. This understanding has shown my 6-year service in the U.S. Congress. When Congress passes the 28th through in his leadership here in the Since my election in 1990, the U.S. Con- amendment—the balanced budget Senate, where he has been perceptive gress has experienced not only one of amendment—some time in the near fu- about the strengths of his colleagues the largest single year turnovers since ture, even though he will have left the and what things are important to the 1974 elections, but has also ushered Senate, it will be, in part, a monument them. in a historic change in the majority to Senator DOLE’s years of hard work. It has particularly struck me how he, parties of both houses. I remember many events, many bat- as leader, has always looked to match And in the midst of this profound tles, high points and defeats, as BOB those strengths and interests with the change, individuals like the Senator DOLE and I have worked together for tasks at hand to give his colleagues from Kansas have remained a stabiliz- the balanced budget amendment. leadership opportunities, and to ac- ing force to this institution. As it is far When I was in the House, in the early complish something good for the Na- too easy to get lost in the direction of 1980s, CHARLIE STENHOLM, a Democrat tion. our own careers, we must not allow from Texas, and I started CLUBB— The Senate will miss his leadership, ourselves to lose sense of those who Congressional Leaders United for a his dedication, his integrity, and how have shaped the institution of Congress Balanced Budget. he cares about people. and those who have left a lasting im- Pete Wilson was our Senate Co-Chair And in the coming months the Na- print on the direction of our Nation. and BOB DOLE was a charter member. tion will learn much more about those History will undoubtedly record Sen- When we met with taxpayer groups, qualities, and will call upon him for ator DOLE as one of those people. and stood on the steps of the Capitol one more heroic mission. As the longest serving majority lead- with mail bags full of hundreds of thou- Mr. SANTORUM. Mr. President, I er in the U.S. Senate, Senator DOLE sands of letters and petitions from rise today to join my colleagues in pay- possesses an instinctive ability to navi- Americans everywhere—BOB DOLE was ing tribute to the Senator from Kan- gate the Senate’s process of forced always there with us, promoting the sas. compromise. While at times during balanced budget amendment. The significance of this day should this session these abilities have served CLUBB worked with taxpayer groups not be diminished by reference to or as a source of personal consternation, I to schedule Members of Congress discussion of the gentleman’s future readily acknowledge that these are around the country to meet with local pursuits. They should more impor- qualities that a leader must exhibit to leaders, State legislatures, and others tantly reflect the tenure and service carry out the duties and responsibil- on behalf of the balanced budget that he has already given his State of ities of this Chamber. These are quali- amendment. Kansas, the office of majority leader, ties that a leader must espouse to I remember back to 1985–86 and how the institution of Congress, and this bridge the ideological differences that it impressed me that, here was the ma- country as a whole. manifest themselves in the direction of jority leader of the U.S. Senate, a man Mr. President, I remember my first our policies. busy with every issue before Congress— direct interaction with BOB DOLE in Clearly, the history and service of and he took the time and effort to 1993 as we crafted fundamental entitle- Senator DOLE’s 35 years in Congress is June 11, 1996 CONGRESSIONAL RECORD — SENATE S6055 an inspiration to all of us and a chal- legislator and now as leader—are the out him. To the contrary, he made it lenge as we, in his absence, try to fos- direct result of his strongly held con- happen. ter and maintain the integrity and di- victions, his forceful advocacy, his I was there. I so attest. It was Janu- rection of the institution of the Sen- skill at debate, and his respect and tol- ary 3, 1983. A new Congress was conven- ate. erance for other Senators’ views, per- ing. I had just been sworn in for a sec- The hallways of the Senate will long spectives, and experiences. ond term. This was agreeable enough, be filled with the images of Senator His native State of Kansas and the indeed, hugely so, but there was a DOLE’s presence and the echoes of his many noble causes he has championed cloud over the occasion. I had gone on trademark late night walks from this over the years have benefited from his to the Finance Committee in 1977 and Chamber, through the Vice President’s legislative skills. As his colleagues, we had worked on the Social Security lobby, and to the majority leaders of- know—and history will record—that he Amendments of that year, under the fice overlooking America’s Mall of has had an indelible influence on this superb leadership of Gaylord Nelson. monuments to this Nation—the view body, our Government, our people, and We had realized the actuarial troubles across what will now be known as the our times that will be felt well into the the Social Security Trust Fund would BOB DOLE balcony. next century. He will leave an imprint face with the curious demography of Mr. President, it is indeed a distinct deeper and stronger than few Senators the baby boom on the still-distant but honor to congratulate and thank the in history can rival. recognizable horizon. We put in place a Senator from Kansas for his service to Mr. President, some personal com- number of F.I.C.A. tax increases to pro- our country. I rise with the distinction ments on Senator DOLE are unavoid- vide for this. And thought our work of being a U.S. Senator from Penn- able at this moment. How could a Mid- was done. Then came the second oil sylvania and the honor of being a col- western-Kansas conservative from a shock and the great inflation of the league of the Senator from Kansas. I rural and agricultural State become late 1970’s. For the first time in our rise with the privilege of representing friends and have so much in common history price increases ran ahead of 12 million Pennsylvanians in the rich with an ethnic second-generation Ital- wage increases. The Trust Funds sank tradition and history of Senators Hugh ian from Long Island? to the point of approaching insolvency. Scott, John Heinz, and Harris Wofford, In BOB DOLE’s own words: In 1981, the new director of the Office of Management and Budget, David Stock- who have had the honor to serve with Al D’Amato and Bob Dole—at first glance Senator DOLE at this very desk before it seems like an unlikely friendship. One was man, warned the country to expect the me, and have been enriched by the raised on his mother’s pasta in the heart of ‘‘world’s largest bankruptcy’’ on a date shared service and experiences. But America’s largest city. And the other was certain in the near future. It wasn’t as most importantly, I rise as a personal raised on his mother’s fried chicken on the bad as that, but Robert J. Myers, the beneficiary of the Senator’s sacrifice, plains of rural Kansas. But when New York- former chief actuary, knew it was bad ers sent Al to the United States Senate in his service, his steadfastness, and his enough and he passed this on. Presi- 1980, it didn’t take me long to discover that dent Reagan called for and Congress wisdom. we had a great deal in common. In closing, Mr. President, I stand created a Commission on Social Secu- Both of us call them like we see them. rity Reform, headed by Alan Green- today with the privilege of speaking in Both of us believe in the neighborhood val- some small way for those Pennsylvania ues that made America great—values like span. We met all through 1982, but voices in sharing our blessing for the hard work and personal responsibility. Both could come to no agreement on what to continued strength, courage, and con- of us don’t give up without a fight. And both do. The year ended, the Commission of us have never forgotten from where we ended, an inconsequential report was viction in life’s pursuits for Mr. DOLE and his family. came. drafted. Mr. D’AMATO. Mr. President, I rise Mr. President, these insightful words But something had, in fact, hap- OB DOLE, a member of the for a final, heartfelt tribute to Senator are from BOB DOLE’s introduction to pened. B Commission, had listened. He always DOLE. my book. They reveal BOB DOLE’s basic In another unselfish act on behalf of decency, his solid foundations, and his listens, as Senators know. But this time he was listening to information his country, Senator DOLE will leave strong character. These are the quali- quite at odds with all he had ever the Senate where he has so well served ties that attract people to BOB DOLE heard. That Social Security was not a the people of Kansas in order to better and the reasons he is so admired. crazy New Deal Ponzi scheme certain serve the American people as our next Mr. President, as my dear friend, col- to go broke one day. That day being at President. league, and leader, BOB DOLE, departs hand. Which is what so many members Mr. President, by any definition, BOB the Senate to pursue the Presidency; of his party were willing to believe. No; DOLE is a great man—a man whose en- he leaves with my continued admira- he learned, largely from Myers, there tire life has been dedicated to serving tion and support. His unique and his- were difficulties but they could be re- his country with honor, with courage, toric journey has taken an unexpected solved and should be resolved. and with integrity. but necessary turn. With his beloved On that January 3 morning, Senator BOB DOLE is an American hero. He Elizabeth beside him in his quest for DOLE had an op-ed article in The New fought to defend this country during the Presidency, I know my friend has York Times. I ask unanimous consent times of war. And throughout his ca- made the right choice. Mr. President, the Senate will miss that it be reprinted in the RECORD. reer he has fought for policies to en- There being no objection, the edi- BOB DOLE and I will certainly miss my sure prosperity and security at home torial was ordered to be printed in the and peace around the world. friend. RECORD, as follows: Mr. President, BOB DOLE has re- Mr. MOYNIHAN. Mr. President, one [From the New York Times, Jan. 3, 1983] mained dedicated to the same causes of the stories BOB DOLE likes to tell in REAGAN’S FAITHFUL ALLIES and principles that led him into public speeches and interviews has to do with service over 40 years ago. He is a man the events in the first 2 weeks of 1983 (By Bob Dole) certain of his core values, and anchored when, quite literally, the Social Secu- WASHINGTON.—In this city, which makes rity system was saved. As with many history but prefers headlines, today’s hottest to his unwavering principles of service story is President Reagan’s problem with his to country, honoring individual free- tales told on political campaign trails, allies on Capitol Hill. But those who believe dom, and bettering the lives of every it is not one hundred percent accurate. that they see a divisive split between the American. We all recall that opening passage from President and Congressional Republicans ig- Mr. President, BOB DOLE represents Huckleberry Finn in which Huck tells nore Ronald Reagan’s many achievements, what’s right about America: integrity, us that we will recognize him from the misunderstand the role of Congress, and ex- courage, compassion, and patriotism. book about Tom Sawyer which was aggerate the tension between the Presidency Mr. President, it will be difficult to written by Mr. Mark Twain, ‘‘and he and Congress that has naturally existed since the Founding Fathers found room for imagine the Senate without BOB told the truth mainly.’’ both in the Constitution. DOLE’s strong presence and skillful Which BOB DOLE does. The only part It is important to understand that Presi- leadership. BOB DOLE’s monumental of the tale he leaves out is his own dents of both parties have always had dif- legislative achievements—first as a role. It could not have happened with- ferences with their friends on Capitol Hill. S6056 CONGRESSIONAL RECORD — SENATE June 11, 1996 Thomas Jefferson had to endure a Speaker of about present and future employment. Saturday, January 8, 9:30 a.m.: All-day the House who was not only a fellow Demo- Again, the trade issues provide Republicans confidential meeting at residence of James crat but his own son-in-law and who had the at both ends of Pennsylvania Avenue with Baker—also with Richard Darman. irritating habit of publicly charging mem- the potential to reach out to working people, Tuesday, January 11, 5:15 p.m.: Confiden- bers of the Jefferson Administration with to demonstrate not only verbal concern but tial meeting at Blair House. corrupt land speculation. practical solutions. Wednesday, January 12, 3:15 p.m.: Meeting Abraham Lincoln found his military deci- The nation’s headline writers like to call re Social Security at Blair House. sions criticized by his own party’s select President Reagan The Great Communicator. Friday, January 14, 10:30 a.m.: Meeting committee on the conduct of the war, and Historians, I’m convinced, will label him the with David Stockman, Richard Darman and his nascent plans for Reconstruction Great Reformer. It is his willingness to ques- Robert Myers in Senator Moynihan’s office. roadblocked by the so-called radical Repub- tion this city’s conventional (and costly) Saturday, January 15, 11:00 a.m.: All-day licans. wisdom that Republicans must emulate as meeting re Social Security at Blair House— Theodore Roosevelt’s pioneering efforts to we tackle priorities too pressing to put off. Agreement reached. regulate commerce and preserve the natural No one is more eager to extend the Reagan Monday, January 17, 7:10 a.m.: Senators splendors of the West ran counter to the revolution and to avoid political trench war- Dole and Moynihan, and James Baker inter- property-loving instincts of Republican leg- fare in the coming session than Congres- viewed on ABC ‘‘Good Morning America’’ re islators. sional Republicans. Social Security. Franklin Delano Roosevelt saw the wave of The atmosphere within which the new Con- Indeed, I have a handwritten note in his personal popularity crest in 1937, when gress convenes will be shaped by perceptions my Economist Diary, ‘‘Noon Jan. 3, disgruntled Democrats shot down his plan to that, in politics, are sometimes the equiva- 10:00 p.m., Jan. 15, 13 days.’’ pack the United States Supreme Court. lent of reality. And it is as a supporter of the Thirteen days that changed the world Lyndon B. Johnson failed to unite Demo- President’s objectives that I express concern for a good many Americans. They were crats behind the Vietnam war and, in the about perceptions of his program. Clearly, Dole days and should never be forgot- end, abdicated. So did Richard M. Nixon they will not be improved so long as the Con- when many of his strongest supporters made gress, public and news media discern an im- ten. clear their distaste for his handling of Wa- balance between human needs and military Mr. KERRY. Mr. President, though I tergate. Earlier still, Mr. Nixon watched as hardware. When the Constitution mandated cannot join my Republican colleagues two Supreme Court nominees were torpedoed the Federal Government to provide for the in wishing Senator DOLE success in his by Republican Senators. general welfare, it said nothing about the next endeavor, I join with Senator Jimmy Carter’s term was rendered all but generals’ welfare. DASCHLE and all of my colleagues in irrelevant by Democrats of the Kennedy The problem of perception might also be wishing the distinguished majority stripe. Now, after two years of remarkable improved by a closer partnership between leader and his wife and daughter good leadership, the equal of anything seen in this the White House and its natural allies on city since the heyday of Lyndon Johnson’s Capitol Hill. A modest but useful first step health and every happiness in the fu- Great Society, it has become fashionable to would be more frequent and constructive ture. To leave his beloved institution claim that Ronald Reagan’s mastery over give-and-take sessions with G.O.P. leaders. after such a long and illustrious public Congress has become frayed and that his op- For we, no less than his own department service career—for whatever reason— tions for future guidance have narrowed to Secretaries and other personnel, belong to is, I am sure, difficult, but there is no little more than graceful acquiescence. the President’s official family. And we, no greater reward than the legacy of hon- Much of this is the product of journalistic less than they, wish the next two years to be boredom or perhaps, Democratic wishful orable public service. as successful as the last two. Though we may not have agreed on thinking. Those interested in the sounds of Certainly, tackling Social Security and genuine partisan division ought to pitch trade issues will engender controversy. But many issues in the time we have served their hearing to the tunes of Mondale and the alternative is momentum surrendered together in this body, there is one in Glenn and Hart and Hollings and Askew and and an anxious public disillusioned. This particular we agreed on and we worked Cranston. President has always insisted that purely po- together to make it happen. The What’s more, those now debating respon- litical considerations will not affect his Brockton, MA Little League became a sibility for next year’s agenda all too easily judgment. That is one more reason why he is national model for the establishment overlook Ronald Reagan’s achievement in free to propose and achieve reforms on a his- of a challenge division for little setting the decade’s agenda. They forget that toric scale. By doing so, he insures that he leaguers with disabilities, thanks to the President has already engineered a major will not have to wait for history to express shift in relations between the individual and gratitude. the efforts of Senator DOLE. He is a fel- his Government. And, in their own pre- Those who say that the bloom is off the low veteran and a man of proven per- occupation with current headlines, they ob- rose for Ronald Reagan forget that the rose sonal courage and deep political con- scure a personal history of political re- is a perennial. With a little imaginative gar- viction. He has been an integral part of sourcefulness and a gift for compromise fa- dening now, it will blossom handsomely in the history of this institution and he miliar to anyone who has examined Ronald 1984. will be missed. Reagan’s Governorship in California. Mr. MOYNIHAN. Mr. President, note Whatever our politics, whatever our So, before Republicans start believing the that paragraph about Social Security. fashionable theory of a White House-Capitol philosophy of Government, this Nation, Hill split, we ought to remind ourselves that ‘‘. . . The system can be saved.’’ the democratic process, and the U.S. we are led by a persuasive chief executive, I had read it. I went up to Senator Senate are well served by those who that we enjoy strong, experienced leadership DOLE on the floor and said, ‘‘Bob, if you have both the courage to survive in both houses of Congress and that the is- think that, and I think you are right, against the odds in the face of extraor- sues confronting us present as much oppor- oughtn’t we give it one more try?’’ He dinary personal hardship, and the com- tunity as peril. asked me if I could meet with him the mon sense to seek reasonable com- Social Security is a case in point. With 116 next day. Both of us were planning va- promise for the survival of the Nation. million workers supporting it and 36 million cations, but this came first. At 4 beneficiaries relying on it, Social Security The distinguished majority leader’s life overwhelms every other domestic priority. o’clock next, Tuesday, January 4, we has indeed been one of personal cour- Through a combination of relatively modest met in his office. I give you now the age and political compromise. His steps, including some acceleration of already events of the next 13 days. They are record of public service speaks for it- scheduled taxes and some reduction in the written from my daily schedule, but self, and as he leaves here today, we rate of future benefit increases, the system think Bob DOLE all along. wish him well. As colleagues, we must can be saved. When it is, much of the credit, Tuesday, January 4, 1983, 4:30 p.m.: Sen- put politics aside for a moment, re- rightfully, will belong to this President and ators Dole and Moynihan meet with Robert his party. member the man and his career, and J. Myers re Social Security. say to the distinguished major leader: Similarly, the mashed-potato circuit Wednesday, January 5, 2:00 p.m.: Senator echoes to the plaintive cries of born-again Moynihan meets privately with Alan Green- Thank you for the lesson in service and protectionists who address the symptoms span, Congressman Conable and Robert J. democracy that you have given us. and not the illness plaguing our economy. Myers re Social Security. ‘‘THE MEASURE OF A MAN’’ Whether through local-content legislation or 4:30 p.m.: Meeting at James Baker’s resi- Mr. NICKLES. Mr. President, today export subsidies, they would scuttle free dence with Senator Dole, Cong. Conable, we recognize the departure of a great trade and risk a global war, with tariffs and Robert J. Myers and Alan Greenspan. friend and colleague, Majority Leader other trade barriers as lethal weapons. Friday, January 7, 8:30 a.m.: Meeting at Wrong as they may be in their prescription, Blair House re Social Security. ROBERT DOLE, from the U.S. Senate. In these new economic isolationists have struck 2:30 p.m.: Senators Dole and Moynihan honor of his departure, I ask unani- a responsive chord in a nation deeply worried meet with Robert J. Myers. mous consent to have printed in the June 11, 1996 CONGRESSIONAL RECORD — SENATE S6057

RECORD a poem by Albert Caswell, a ORDER OF PROCEDURE plain speaker and not one for flowery longtime guide for the U.S. Capitol, Mr. LOTT. Mr. President, for the in- oratory. He believes in what he says. which pays tribute Majority Leader formation of all Senators, we are hop- He means what he says. He does not try ROBERT DOLE. ing that the Senate can momentarily to be everything to everybody. He There being no objection, the poem begin debate on the budget resolution stands for a few important principles— was ordered to be printed in the and conference report. All interested not everything. RECORD, as follows: Senators, interested in coming to de- Senator DOLE is honest and he is very THE MEASURE OF A MAN bate the budget conference report, are straightforward. He is loyal. He is a (By Albert Caswell) encouraged to do so this afternoon. doer and he is not a talker. His values What is the measure of a man? Hopefully, we will have an agreement are constant; they do not change from Today, high atop the Senate we sit and un- here momentarily where we can get day to day. He knows who he is, where derstand. started. I know the distinguished Sen- he comes from, where he wants to go, What is the measure of a man? ator from Nebraska is ready to begin and his word is his honor. He is a man It’s not power, wealth, or looks, but how we the discussion. I know the chairman of who chose sacrifice over self, finding conduct our lives. the Budget Committee is going to be strength at an age when others sought This alone, is what put us in the record here momentarily. We hope to go ahead the leisure of self-expression. books. Briefly, BOB DOLE is a man of cour- What is the measure of a man? and start discussing this very impor- tant conference report. age, a man of character, a man of in- In the Senate this day, comes a great leader tegrity. These measures of the man are of character and class, It is our intention to adjourn this evening, if we can get an agreement what sets Bob DOLE apart and what has Who climbed every mountain the Lord put in led his colleagues in the Senate to en- his path. worked out, at a relatively early hour, What is the measure of a man? 7:30 perhaps, or earlier, if no further trust him with leadership time after Senators would be seeking time to de- time. For against all odds, time and again, his It will be these same characteristics back to the wall, bate on the floor at that time. We do One Robert Dole, heart of a lion, has always not anticipate any further rollcall that will distinguish for the American stood tall. votes occurring during the remainder people who they should trust to lead What is the measure of a man? of today’s session. We expect that there them in the years ahead. While it may Yet for all his strength and all his glory, will be a rollcall vote at some time to be easy for others to constantly change His warmth, kindness, and humor tell the be determined on Wednesday. The two what they stand for in order to distin- story. leaders will be talking with the rank- guish themselves on the issues, char- What is the measure of a man? ing members on the Budget Committee acter, courage, and integrity are not He walks in, stillness in the gallery, listen to get a time specific. mantles of convenience. They cannot closely, hear the silent tears. As soon as we get final approval, we be adopted at will, converted by choice, Historians and friends sadly know, a man of or otherwise assumed. They are bed- his stature will not come our way for will ask consent to go ahead and begin that debate. rock principles. many years. They are like a fingerprint, intracta- What is the measure of a man? Mr. President, I suggest the absence of a quorum. bly a part of you, easy to trace and dif- For on this day, June 11, 1996, Robert Dole ficult to fake. gives up his greatest love of all, The PRESIDING OFFICER. The Over the next few months it will be To answer our nation’s cry for leadership, he clerk will call the roll. for the American people to ask the hears the call. The assistant legislative clerk pro- same question that the Senate has, Today, we see and understand, ceeded to call the roll. who do they trust to lead this Nation? What is truly the measure of a man. Mr. SHELBY. Mr. President, I ask I believe the answer will be the same Mr. President, I suggest the absence unanimous consent that the order for ultimately. It will be Senator DOLE. of a quorum. the quorum call be rescinded. Mr. President, I suggest the absence The PRESIDING OFFICER. The The PRESIDING OFFICER. Without of a quorum. clerk will call the roll. objection, it is so ordered. The assistant legislative clerk pro- The PRESIDING OFFICER. The ceeded to call the roll. f clerk will call the roll. Mr. LOTT. Mr. President, I ask unan- TRIBUTE TO SENATOR ROBERT The legislative clerk proceeded to imous consent that the order for the DOLE call the roll. quorum call be rescinded. Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. Without Mr. SHELBY. Mr. President, today unanimous consent that the order for objection, it is so ordered. has been a very interesting day for our the quorum call be rescinded. former leader, BOB DOLE. While the The PRESIDING OFFICER. Without f U.S. Senate suffers what I believe is a objection, it is so ordered. tremendous loss today with the depar- Mr. DOMENICI. Mr. President, we ture of the majority leader, Senator will shortly be moving to the budget UNANIMOUS-CONSENT REQUEST— ROBERT DOLE, I can tell you it is a resolution, but I understand the Sen- H. CON. RES. 178 great day for America. I believe that. ator desires to speak up to 5 minutes as Mr. LOTT. Mr. President, I ask unan- For, while Senator DOLE leaves behind in morning business on a statement re- imous consent that debate now begin a legacy of extraordinary leadership garding Senator DOLE. on the conference report to accompany and commitment to this institution, Mr. DEWINE. That is correct. It the current budget resolution, House his departure promises the American could be 7 minutes. Concurrent Resolution 178, and that people a much more important com- Mr. DOMENICI. I ask unanimous once the Senate receives the con- mitment to this country. But, perhaps consent that he be granted 7 minutes ference report, it be considered as hav- more important, his departure gives as in morning business. ing been read and all time consumed be the American people a better oppor- The PRESIDING OFFICER. Without considered used as part of the statu- tunity to learn more about a man that objection, it is so ordered. The Senator tory 10-hour time limit. I and many of my colleagues greatly from Ohio is recognized. The PRESIDING OFFICER. Is there admire and have come to know. So I f objection? Without objection, it is so would like to spend just a few minutes ordered. to describe the man that I have come A LEGISLATIVE GIANT Mr. LOTT. Mr. President, I ask unan- to know, with whom I have worked, Mr. DEWINE. Mr. President, I thank imous consent that request be vitiated. and I hope the American people will my colleague from New Mexico. On be- We need to get one final clearance on come to know over the next few half of the people of Ohio, I join all my that. months. colleagues in paying tribute to a legis- The PRESIDING OFFICER. Without BOB DOLE, Senator DOLE, is a man of lative giant who left the stage of the objection, it is so ordered. his word. You can trust him. He is a U.S. Senate just a few moments ago. S6058 CONGRESSIONAL RECORD — SENATE June 11, 1996

The BOB DOLE America saw earlier reform bill to this Senate and could The President who comes to mind today is a person we all in the Senate have gotten 87 votes. What an achieve- who reminds me the most of BOB DOLE know: A man of character, a man of in- ment—what an achievement. in some ways is Franklin Roosevelt, tegrity and a man of utter devotion to BOB DOLE was able to deal with the who also faced physical disability with the future of this country. Governors, trying to put that together, silent courage. Like Roosevelt, BOB It is strange in politics, it is really certainly no easy task, and the Senate, DOLE’s identity and his understanding an oddity in politics that a person’s equally difficult. And he put together a of life were forged by pain. When Sen- public image sometimes differs from fair and balanced welfare reform meas- ator DOLE made the historic announce- his or her true qualities. That some- ure. He was able to accomplish this ment last month that he would leave times is the case with BOB DOLE. amazing feat, because he never lost the Senate, the room was very crowd- I have watched some of his press con- sight of the need to ultimately reform ed. It was so crowded that where I was, ferences earlier in the campaign and a system that has long failed the peo- I could not see the expression on his particularly read some of the earlier ple it was intended to help. face as he made the speech, but I could Mr. President, here is a man who is stories and newspaper articles about hear the emotion in his voice. BOB capable of making tough decisions and him. When I did that, I realized there DOLE has the two seemingly opposite right decisions. As he pointed out in was something missing, that this real- qualities of toughness and compassion. his speech earlier today, the Senate is ly was not the BOB DOLE that I have He had to be tough to leave the Senate. not like the House of Representatives. seen for the last 18 months. Most people do not leave voluntarily The BOB DOLE that I have seen was The Senate leader has fewer tools to control the Senate than the House after spending a lifetime to get here. the real Bob DOLE, the individual, the But he showed his more emotional side, leader, the war hero, the consensus Speaker possesses in the House. The Senate leader rules—not rules—really too, when he made his announcement. builder and a man of enormous compas- His voice quivered during his an- sion. In listening to his speech earlier leads by consensus. He cannot dictate, he must lead, and I have seen, as we all nouncement, not an easy public display today on this floor, I did see those for him, and he was even more emo- have in this Chamber, BOB DOLE lead. qualities clearly on public display, as I have been to more than one meet- tional when he broke up during an ear- did the American people. This is BOB ing with Senators, and Senators only, lier private meeting with us. DOLE, many times a man of few words, where a Senator complained that he or But as difficult as this decision was but a man who shows tremendous char- she had not been consulted on an issue for him, I believe he will find it liberat- acter and leadership in his actions. or had some other complaint to the ing to have left the Senate. I recall my Upon joining the Senate a little over leader, Senator DOLE, about how things own decision to make a second run for a year ago, I became a BOB DOLE were going, what he had done, not the Senate after losing the first time. I watcher. I had the opportunity as a done. I had seen BOB DOLE look at realized at that point that if I lost the Member of the House for 8 years to them, as only BOB DOLE can, and say, second bid that my political career was watch him from afar, but I have had ‘‘Well, if you want someone else to over. If I lose this race, what happens? the opportunity now for a little over a lead, if you want someone else to be a The same is now true for BOB DOLE who year to see him up close and watch how leader, that’s fine, but you elected me said he has ‘‘nowhere to go but the he operates and watch how he gets to lead. As long as I am the leader, I in- White House or home.’’ things done. I have seen him, as we all tend to do just that.’’ And that was the BOB DOLE had fixed in his own mind have, preside over four different meet- end of the conversation. That is BOB that his time as majority leader had ings at once, moving from room to DOLE. That is leadership. passed and that the time had come for room to room and never lose track of But, Mr. President, my admiration another challenge. Once he made the what is going on. for BOB DOLE goes far beyond his abil- mental leap from the Senate Chamber, BOB DOLE is someone who keeps in ity as a majority leader. It is personal it was time to act. mind the big picture. I think the ma- as well. BOB DOLE has the insight born This is the real BOB DOLE. And as he jority leader of the U.S. Senate always of someone who suffered an enormous said goodbye to us then and again has to keep the big picture in mind. and unexpected tragedy. He was a star today, his friends and coworkers, BOB Yes, he has to understand details, he athlete who went off to war and came DOLE looked like a leader. He looked has to understand the nuances of legis- back with crippling injuries. This is like a President. lation, how you get bills passed, but he not campaign hype of anything. Sen- Mr. President, I, like the rest of my also has to keep in mind the big pic- ator DOLE would rather downplay, and colleagues, will always remember the ture: That you have to ultimately get always has throughout his life, the demeanor and courage of this great the job done, that you ultimately have struggles that he encountered when he statesman as he said farewell to the to get the bill passed, that you ulti- came back and what he had to go U.S. Senate. mately have to get things to happen. through when he came back from Mr. President, I yield the floor and This is the BOB DOLE I saw earlier World War II. He would rather down- suggest the absence of a quorum. today. Earlier today, BOB DOLE told play what he struggles with every day, The PRESIDING OFFICER (Mr. how he and Senator MOYNIHAN and oth- since he was literally blown apart in THOMPSON). The clerk will call the roll. ers made the last, brave attempt to re- World War II. Mr. DOMENICI. Mr. President, I ask form Social Security in 1983, with the We all expect in life to lose our par- unanimous consent that the order for result that Social Security is safe for ents, even a spouse. Certain things you the quorum call be rescinded. another generation. expect to happen, but there are other The PRESIDING OFFICER. Without That leadership ability is still there. defining tragedies that go beyond the objection, it is so ordered. I had the opportunity to see that normal course of events, that go be- f many, many times in the last year, yond what we are taught to expect. I year and a half, but my favorite exam- have thought about this often since CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR ple that I use to illustrate BOB DOLE’s suffering the loss of our daughter, leadership is the welfare reform bill Becky. I, too, am also very reticent to 1997—CONFERENCE REPORT that we passed. Unfortunately, the talk about such a deep and personal Mr. DOMENICI. Mr. President, I be- President ultimately vetoed the wel- tragedy, but I cannot help but admire lieve we have now reached an agree- fare bill, but the bill we passed in the the way BOB DOLE has worked through ment with reference to how we will Senate, BOB DOLE was able to get 87 his own suffering. He understands daily handle this conference report in terms votes for. pain, and I take great comfort from of timing and the vote. I will proceed I do not think anyone in this Cham- seeing this in him. He understands that with a unanimous-consent request. I ber, anyone in this country, none of the life is not fair. Through dealing with ask unanimous consent that debate political experts a year ago, a year and pain, he has learned to understand now begin on the conference report 104– a half ago, if we had been talking about himself, and these, Mr. President, are 612 to accompany the concurrent budg- welfare reform, would have thought not bad qualities to have in a leader or et resolution, House Concurrent Reso- BOB DOLE could have brought a welfare in a President. lution 178, and once the Senate receives June 11, 1996 CONGRESSIONAL RECORD — SENATE S6059 the conference report, it be considered Mr. EXON. Mr. President, I just want Corrections to section 103(b) of H. Con. as having been read. to clarify, I understood you said we Res. 178: The PRESIDING OFFICER. Without would vote by 3:30 tomorrow if it is Outlays Fiscal year: objection, it is so ordered. here; is that right? Mr. DOMENICI. Yes. 1997 ...... $310,400,000,000 Mr. DOMENICI. I further ask if the Mr. EXON. That would be Wednes- 1998 ...... 323,000,000,000 Senate has received the papers by 3:30 day. If we do not vote then, we vote 1999 ...... 335,900,000,000 p.m. on Wednesday, June 12, then the when? 2000 ...... 349,300,000,000 Senate proceed to vote on adoption of Mr. DOMENICI. I said if the papers 2001 ...... 363,900,000,000 the conference report at that time. I are not here, we cannot vote tomorrow 2002 ...... 378,800,000,000 further ask if the Senate has not re- by 3:30; then we will vote on the follow- Mr. DOMENICI. Now, Mr. President, ceived the papers by that time, then ing day, which is Thursday, at a time Senator EXON has cleared this, too. the vote occur on Thursday, June 13, at to be determined by the majority lead- There are a number of errors contained a time to be determined by the major- er in consultation with the minority. in the statement of managers which ac- ity leader after consultation with the Mr. EXON. We have no objection. company House Concurrent Resolution Democratic leader. Mr. DOMENICI. Mr. President, there 178 with respect to the tables display- The PRESIDING OFFICER. Without is a unanimous-consent request I want ing the budget authority and the out- objection, it is so ordered. to make that has been cleared with the lay allocations to the committees of Mr. DOMENICI. For the information other side. There is an error in section the Senate for purposes of section of all Senators, the Senate will now 103(b) of House Concurrent Resolution 302(a) of the Budget Act. I, therefore, 178 with respect to the levels of outlays begin debate on the budget. All Sen- ask unanimous consent that the cor- in the Social Security Program. There- ators interested in debating the budget rect tables be printed in the RECORD at fore, I ask unanimous consent that the conference report are urged to speak this point. These tables will be consid- correct levels be printed in the RECORD this afternoon. ered to be the allocations to the com- at this point and they be deemed the It is the intention of the leadership appropriate levels for the purposes of mittees for the purposes of enforce- to adjourn the Senate at approxi- enforcement of this budget resolution ment of this budget resolution and the mately 7:30 p.m. this evening or earlier and the Congressional Budget Act. Congressional Budget Act. if no further Senators are seeking floor I send a copy of the appropriate lev- I send a copy of the correct tables to for debate. Therefore, no rollcall votes els to the desk and ask that it be print- the desk and ask unanimous consent will occur during the remainder of to- ed in the RECORD. they be printed in the RECORD. day’s session. The next rollcall vote There being no objection, the mate- There being no objection, the mate- will occur at 3:30 p.m., on Wednesday, rial was ordered to be printed in the rial was ordered to be printed in the June 12. RECORD, as follows: RECORD, as follows: SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT FOR FISCAL YEAR 1997 [In millions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations Budget authority Outlays Budget authority Outlays

Appropriations ...... 791,195 832,273 ...... Appropriations (Violent Crime Trust Fund) ...... 4,683 3,073 ...... Agriculture, Nutrition, and Forestry ...... 6,017 2,990 10,068 8,492 Armed Services ...... 40,058 39,929 ...... Banking, Housing, and Urban Affairs ...... 5,881 ¥9,017 ...... Commerce, Science, and Transportation ...... 7,429 4,799 605 602 Energy and Natural Resources ...... 143 222 52 54 Environment and Public Works ...... 23,969 3,201 ...... Finance ...... 627,429 624,564 130,818 130,886 Foreign Relations ...... 11,429 12,859 ...... Governmental Affairs ...... 54,093 53,017 ...... Judiciary ...... 2,429 2,373 239 238 Labor and Human Resources ...... 5,534 5,009 1,412 1,412 Rules and Administration ...... 95 25 ...... Veterans’ Affairs ...... 1,309 1,456 19,688 19,731 Small Business ...... 3 ¥296 ...... Select Indian Affairs ...... 392 362 ...... Select Intelligence ...... Not allocated to committees ...... ¥267,328 ¥265,828 ...... Total ...... 1,314,760 1,311,011 162,882 161,415

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT FIVE-YEAR TOTAL: 1997–2001 [In millions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations Budget authority Outlays Budget authority Outlays

Agriculture, Nutrition, and Forestry ...... 17,361 2,652 81,443 48,025 Armed Services ...... 223,276 222,626 ...... Banking, Housing, and Urban Affairs ...... 35,375 ¥18,628 ...... Commerce, Science, and Transportation ...... 31,876 18,051 3,352 3,334 Energy and Natural Resources ...... 5,219 5,067 252 276 Environment and Public Works ...... 128,545 10,883 ...... Finance ...... 3,282,774 3,268,828 776,267 776,549 Foreign Relations ...... 50,945 56,772 ...... Governmental Affairs ...... 294,435 288,737 ...... Judiciary ...... 19,705 19,386 1,257 1,254 Labor and Human Resources ...... 30,605 28,251 7,499 7,499 Rules and Administration ...... 486 402 ...... Veterans’ Affairs ...... 2,552 3,908 103,415 103,285 Small Business ...... 9 ¥1,264 ...... Select Indian Affairs ...... 1,965 1,832 ...... Select Intelligence ...... 2 ......

Mr. DOMENICI. Mr. President, there sent that the following corrections to desk in compliance with that request are some additional errors within the the statement of managers be printed and ask unanimous consent they be narrative of the statement of man- in the RECORD at this point. I send an printed in the RECORD. agers. I therefore ask unanimous con- attachment, along with a table, to the S6060 CONGRESSIONAL RECORD — SENATE June 11, 1996 There being no objection, the mate- (2) On page 59, for function 370, Commerce to include the levels from the Violent Crime rial was ordered to be printed in the and Housing Credit, the 1997 budget author- Reduction Trust Fund. Section 301 of the ity figure should be $3,092 million; the 1997 RECORD, as follows: budget resolution establishes a cap on non- outlay figure should be $2,990 million; the defense discretionary spending, which in- size-year budget authority total should be Corrections to the text of the joint explan- cludes spending from the Crime Fund. The atory statement in H. Rpt. 104–612: $17,789 million; the six-year outlay total should be $16,879 million. following table includes funding from the (1) On page 58, for function 150, Inter- (3) On page 88, the table includes the incor- Crime Fund and provides the correct levels national Affairs, the 1997 budget authority rect levels for nondefense discretionary for nondefense and total discretionary spend- figure should be $131 million. budget authority and outlays because it fails ing. DEFENSE/NONDEFENSE LIMITS [In millions of dollars]

1997 1998 1999 2000 2001 2002

Defense: Budget authority ...... 266,362 268,971 271,500 274,024 276,672 279,459 Outlays ...... 264,968 263,862 267,048 270,657 269,744 269,608 General Purpose Nondefense: Budget authority ...... 226,305 219,646 213,718 218,515 214,445 221,133 Outlays ...... 270,571 258,492 252,981 248,847 246,479 244,611 Violent Crime Reduction Trust fund: Budget authority ...... 4,683 5,100 6,050 6,050 ...... Outlays ...... 3,073 4,664 5,456 5,747 ...... Subtotal Nondefense: Budget authority ...... 230,988 224,746 219,768 224,565 214,445 221,133 Outlays ...... 273,644 263,093 258,437 254,594 246,479 244,611 Total Discretionary: Budget authority ...... 497,350 493,717 491,268 498,589 491,117 500,592 Outlays ...... 538,612 526,955 525,485 525,251 516,223 514,219

Mr. DOMENICI. There are some Sen- TRIBUTE TO SENATOR BOB DOLE the credentials, all of the experience, ators who want to be heard on the Dole Mr. KEMPTHORNE. Mr. President, 15 but who do have a passion to get some- departure, but I believe I have used months ago I told BOB DOLE I would en- thing positive done. enough time. thusiastically support his quest for the He transfers his belief in a person so I will yield to you, Senator EXON, if Presidency of the United States. We that that person will not ever want to you would like to open now, at your see in his quest for the Presidency that let BOB DOLE down. I believe that is convenience. he now has left the Senate of the what he will do for all of America. He will tap that spirit in others and help Mr. EXON. I say to my friend and United States. I think all of us have so many emotions that we are feeling them to reach new heights. It is one colleague from New Mexico, the Sen- thing to have the ability to do some- ator on this side has been trying to ac- today. I know the Nation, the Senate, and I would regret the day when the thing yourself, as BOB DOLE has that commodate Democratic Senators who great ability, but it is a greater clerk would call the roll and the name wanted to speak on the budget. I had a achievement to instill in others that of BOB DOLE would no longer be called. Senator scheduled for 4:30. I set him same can-do spirit and then go and do That day has now arrived. back to 5 o’clock. I thought we had it. But you must have someone who be- agreed, and I used time in the 1 hour, It would be easy to dwell on the truth that the Senate will lose a man that lieves in you. for salutes to Senator DOLE. BOB DOLE believes in people. BOB history will hold in a place of great All I am saying is it is very difficult DOLE believes in America. He instills in honor. Rather, I think it is more im- for me to schedule speakers on the others that desire to reach within portant that we celebrate BOB DOLE’s yourself and to do something great. It matter at hand if we keep setting these victories, his leadership, his humor, is a high honor to be elected by your things back. I wish to accommodate all and his ability to get things done. fellow citizens to serve in the U.S. Sen- Senators. When you accommodate one Mr. President, I want to discuss for a ate. To then have been able to serve Senator, you ‘‘disaccommodate’’ some- moment, then, a personal experience while BOB DOLE was here magnifies one else. that I had with Senator DOLE. It was How many speakers do we have that that honor. with great pride and honor when Sen- When we had the debate on Senate wish to speak on the Dole matter? ator DOLE designated my legislation to bill 1, Senator ROBERT C. BYRD de- stop unfunded Federal mandates, S. 1. Mr. DOMENICI. Mr. President, Sen- scribed the new majority leader, BOB As we all know, the significance, of ator HATFIELD has indicated he wants DOLE, to his Democratic colleagues by to speak for 3 minutes, 10 minutes for course, is that this denotes a majority saying, ‘‘The leader over there is Senator KEMPTHORNE, and 5 minutes leader’s stamp of approval in his prior- tough. Wait and see. He will use the for Senator COVERDELL. ity on legislation. A majority leader rules on me, and I respect that, and I I will yield them my 18 minutes as if does not want his bill that he has des- admire that.’’ I were making an opening statement, ignated ‘‘No. 1’’ to fail. Well, yes, BOB DOLE is tough. He is and that will be the end of my opening Having said that, it is all the more tough, but he is also wise. When duty statement. Then it will be your turn, remarkable that he chose my legisla- calls for him to be bipartisan, the man and you can yield to some Democrat tion because I had only been here 2 knows how to be bipartisan. But he Senators after that. years. I had no track record. It would also knows when it is time to be par- have been far safer for Senator DOLE to tisan, and he can be partisan. He is Mr. President, I yield to Senator choose some of the seasoned veteran MARK HATFIELD 3 minutes, I yield 10 tireless. How many times have we been Senators, such as Senator DOMENICI, minutes to Senator KEMPTHORNE, and I here on the floor of the U.S. Senate at Senator ROTH, or Senator HATFIELD, to midnight, and many of us are starting yield 5 minutes to Senator COVERDELL. carry this type of legislation. Not only to find that our energies are sagging, I yield in that order at this point. Then did he choose my legislation, but he I will be gone from the floor. When and there is BOB DOLE, crisp, with his then designated me to be the floor humor that props us up, keeps us they finish, we will return to Senator manager, a responsibility I had never, going. There is BOB DOLE, who has a so- EXON. ever done before. lution. Mr. HATFIELD. Mr. President, I am I say this not in any way to somehow I am going to miss hearing BOB DOLE happy to yield to the Senator from bring attention to myself, because I telling Senators to work it out, work it Idaho who was on the floor before me. say this with all humility, to make it out, work it out. If it could not be I will follow the Senator from Idaho. I clear that BOB DOLE was not taking the worked out, he would always say, ‘‘Do ask unanimous consent for that. normal course of action. It was indic- you have the votes? Let us vote.’’ For Mr. KEMPTHORNE. I thank the Sen- ative of his leadership of reaching out my part, BOB DOLE taught me the im- ator from Oregon for his courtesy. to others who may not have had all of portance of working with and listening June 11, 1996 CONGRESSIONAL RECORD — SENATE S6061 to all Senators and of seeking solutions So, in 1968, he joined the ranks of this those in wishing him a safe journey that do not abandon principle. I want body, and in 1996 he leaves. I shall not and Godspeed. my children, Heather and Jeff, to learn wish him a happy retirement, for no Mr. President, I yield the floor and from BOB DOLE that they can overcome matter what lies ahead, he will not re- suggest the absence of a quorum. any adversity—any adversity that tire. I expect his service will always Mr. DOMENICI. Mr. President, I ask comes their way. I cannot think of a continue. I wish him well. Antoinette that the time be charged equally. Sen- more honorable man that I would en- and I both pray that BOB and Eliza- ator EXON will be right along. He is trust the future of my children to. beth’s future will be strewn with God’s going to speak next. Finally, a word to Elizabeth and BOB blessing. The PRESIDING OFFICER. Without DOLE. I hope you leave the Senate with Mr. President, I yield the floor. objection, it is so ordered. a deep and abiding satisfaction of mis- Mr. COVERDELL addressed the The clerk will call the roll. sion accomplished, job well done. My Chair. The legislative clerk proceeded to wife Patricia and I will keep you in our The PRESIDING OFFICER. The Sen- call the roll. prayers in the coming months, and we ator from Georgia. Mr. EXON. Mr. President, I ask unan- will ask for God’s peace and protection Mr. COVERDELL. Mr. President, not imous consent that the order for the for your family. We look forward to far from the Capitol, on Constitution, quorum call be rescinded. working with you—you, who I believe across from the Navy Memorial, is a The PRESIDING OFFICER. Without will be the next President and First building that houses the Declaration of objection, it is so ordered. Lady of this great country. Independence and the Constitution of f With that, Mr. President, I yield the the United States and other major arti- floor. facts of our beginning. On the outside CONCURRENT RESOLUTION ON Mr. HATFIELD addressed the Chair. of the building, it says, ‘‘The Past is THE BUDGET FOR FISCAL YEAR The PRESIDING OFFICER. The Sen- Prolog.’’ 1997—CONFERENCE REPORT ator from Oregon is recognized. As I have heard the eloquent state- Mr. EXON. Mr. President, I yield my- Mr. HATFIELD. Mr. President, I join ments throughout the day and self such time as I may need off of our my colleagues today in wishing our throughout the past several weeks 5 hours. I believe it is the first time majority leader a senatorial farewell. about our majority leader, this has charged to us. We are now proceeding His contributions are well known, his come to mind, because the future is al- as I understand it with debate on the integrity is unquestioned, and his serv- ways guided and shaped by the past. conference report on the budget. ice has been an example for each one of BOB DOLE is a man of this century. Mr. EXON. Mr. President, we are on us on both sides of the aisle. BOB DOLE’s life experience is that of a the final leg of this Republican budg- I want to just comment about the giant figure in American history. The et’s journey, and it is a fruitless one. It service factor in his life and how we are experiences of his life are immeas- does not lead our Nation to any new all drawn to those who serve—whether urable. The knowledge that has been horizons. It blazes no new paths. It of- it is a Boy Scout who walks a hobbling accomplished by it would be hard to fers no compromise to break the budg- grandmother across the street, or a calculate. The capacity that it rep- et deadlock. This Republican budget community clothing drive, raising resents has a far and long reach. So makes a beeline, it pains me to say, to money for charity, or a PTA member another dead end. spending hours at local meetings. Serv- when the Senator from Kansas came at Dead ends are becoming an all-too-fa- ice we admire, service we respect, and midday and gave us his farewell ad- miliar haunt for my Republican col- service from our elected officials we al- dress, you could measure some of the leagues if they want to move ahead to ways expect. energy and reach and capacity of this Majority Leader DOLE is no excep- world figure, of this American figure, something that is workable. Thanks to tion. Kansans expect him to represent by the response that he received on their intransigence and their extremist their interests. Republicans expect him both sides of the aisle, and throughout budget, that is where we spent most of to lead the party, and Senators—well, America, I am sure. last year. And it looks as though we we expect him to guide us through the I have always said that whenever I will waste another session of Congress joys and trials of partisan politics. So, think of BOB DOLE, I think of the heart trying to back out of yet another dead as a U.S. Senator, I have often ex- and soul of America. I think we saw end. pected him to serve me as well. Long that expressed over these last several The majority has held the Senate before leaving this Senate, BOB DOLE days. He truly is the embodiment of ev- hostage for almost 2 years with basi- had my admiration. Long before he led erything that we have come to think of cally the same budget. Perhaps they this Senate, he had my respect, and I as America—the fortitude to overcome are hoping that the Stockholm syn- am led to believe that long before he adversity, perseverance, patience, drome will set in and Democrats will was decorated as a war hero, I would strength, agility, entrepreneurship, start identifying with their captors. have wanted Bob DOLE as my friend. problem solving, getting things done. They are wrong. Our will and our vi- The issues we debate during the 104th He leaves with the love of his family of sion are strong. Congress we have debated before. Like colleagues, all who have wished him a The chairman of the Senate Budget a pendulum, important issues swing safe and secure journey. He character- Committee did his best to repair the away from us, and eventually they izes what is yet before him as ‘‘one damage from last year’s budget deba- swing back. Every so often, we see a more mission.’’ I think that statement cle. I compliment him for the fine job leader who is able to stop the pen- properly casts what lies before him, he did. In the hopes of attracting some dulum, who is able to lead us into a so- but it also reminds us of what he has unsuspecting buyers, the 1997 Repub- lution that gives the pendulum a bit of endured. He is a man who has endured lican budget has been spruced up in a rest. For the causes of the disadvan- and built the American mission. He places. But if this budget were a house, taged and disabled Americans, Senator brings to his task, as I have said, im- it would still be condemned as unfit. It DOLE has proven to be such a leader. measurable resources. is still out of touch with mainstream And for the need to reduce our deficit, I believe, as Senator SIMPSON al- America and I suggest that it should be he has few equals. luded, that as Americans come to know rejected. As chairman of the Appropriations him as his colleagues do, they will All of the efforts of the Republican Committee, I have seen the work that readily embrace this man and his mis- majority to portray their budget as a he has done. I have seen the money sion and his love for America. I loved it moderate one are in vain. The Repub- come in and, with greater detail, I have when he gave that famous address as lican majority have done a superb job seen the money go out. Senator DOLE’s he announced that he would retire to airbrush their budget, but the Amer- legacy is his willingness to fight for from the Senate. He said, with no dis- ican people can see the real thing— the welfare of today while just as ea- respect to the Congress, that his life warts and all. gerly vying for the welfare of our chil- had not been about the Congress. He It retains the same unflattering pro- dren and our grandchildren for the fu- said, ‘‘My life has been about Amer- file as its predecessor: unnecessary re- ture. ica.’’ Gratefully, it still is. So I join ductions in Medicare and Medicaid S6062 CONGRESSIONAL RECORD — SENATE June 11, 1996 paying for tax breaks for the wealthy. fiscal conservatism. The first reconcili- President Clinton’s budget proposal This is in fact the Newt Gingrich Budg- ation bill will reduce the deficit by just extends the life of the trust fund with- et. $2 billion, if it reduces the deficit at out such deep reductions. The Repub- The agenda has included a $50-billion- all. This is as plain as the light of day. lican-appointed CBO Director has cer- plus rehash of star wars that not even The majority now want to eliminate tified that the administration’s propos- the Pentagon wants. And we have the Medicaid guarantee of meaningful als would extend the life of the Medi- frittered away precious time reconsid- health care benefits for 18 million chil- care hospital insurance trust fund until ering the balanced budget amendment dren, 6 million disabled Americans, 2005. to the Constitution. I have consist- millions of nursing home residents, 36 And if the recent alarm over the date ently voted for the balanced budget million people in all, to fund their tax of insolvency tells us anything, it is amendment, but could not cast my breaks. not that we should reduce Medicare vote for it this time because the Re- The conferees assume a net tax cut of more to pay for tax breaks for the publicans fouled the fiscal nest with $122 billion, yet Chairman KASICH wealthy. That is truly Medi-Scare. The senseless and in my opinion, irrespon- maintains that the cuts will be as large trustees’ report is a call for the major- sible tax cuts if we are going to balance as $180 billion. You can look but you ity to come back to the bargaining the budget fairly. will not find a single specific mention table to work with the President on an I am baffled by the inconsistency. It of closing tax loopholes or of ending acceptable compromise plan that is is enough to give a prudent man pause. corporate tax giveaways. The same within reach with just a little effort. One moment the Republicans bring budget that eagerly reduces funding for And what about Medicaid? Instead of back to the floor the balanced budget our Medicare and Medicaid Programs attempting to reform Medicaid in a amendment to the Constitution, the cannot find the courage to call upon manner that would be acceptable to next he resurrects discredited supply- the special interests to assume any of mainstream America, the Republican side economics with tax breaks that the burden of balancing the budget. By majority put a hard edge to their pro- could turn into the hundreds of billions contrast, President Clinton has pro- posal. of dollars. posed that $40 billion be raised from I believe you would take a whole na- Mr. President, all of this is a great corporate reform and loophole-closers, tion by surprise if you told them that concern to this Senator who has been money that keeps the President’s tax Republican Medicaid reform might trying to be bipartisan in my approach cut within reason. This Senator would mean that middle-class, working to the concerns that all of us have. prefer no tax cut at all until we truly American families might have to pay I had hoped that we could have used balance the budget. thousands of dollars out of their own the good will engendered by the major- Experience also shows that once the pockets for nursing home care for a ity leader’s departure to pass some- tax-break game begins, the bidding loved one. Or that millions of low-in- thing meaningful for the American keeps increasing with no thought to come children might have their health people. I ask with all sincerity, ‘‘What the consequences. Chairman DOMENICI care jeopardized. has happened to the priorities that says that the Finance Committee can In other words, reform means con- matter most to American families?’’ use tax increases to offset additional form to their way of thinking, even if What happened to the minimum wage? tax breaks, and he is well aware that it means taking out a second mortgage What happened to the modest health $35 billion is readily available simply on your home to pay for nursing home insurance reform package that passed by extending three excise taxes. But care for a sick or elderly parent. With the Senate 100 to zero? What happened that won’t be enough to satisfy their a $72 billion reduction in Medicaid to welfare reform? And the big ques- tax cut appetite and I predict that, like from projected spending, combined last year, the Republicans will soon be tion, we should be asking today, what with a block grant approach, that may proposing to raid pension funds for happened to a balanced budget that all well be the scenario. working families to pay for the tax Americans could support? I would like to conclude my remarks breaks that primarily benefit those One bill after another has been with an observation on this and the earning above $100,000 a year. Fiscal in- shackled to failed Republican dogma. previous Republican budgets. I am re- sanity is galloping through this Cham- This rehashed budget is a prime ex- minded of an old print I once saw. It ber, and we do not have enough votes, ample. It is part and parcel of the Re- showed a man on a horse-drawn sleigh unfortunately, to rein it in. publican strategy of no-work and all- One thing that has not changed in being chased by a pack of wolves. With political-play. Like ancient Gaul, the the conference report are the deep re- the horses galloping as fast as they Republicans divided their budget rec- ductions in Medicare and Medicaid. can, the driver is tossing out every- onciliation bill into three parts. They The Republican budget would reduce thing that is in the sleigh. If he does wanted to ram through—I emphasize Medicare spending growth per-bene- not lighten the load, the wolves will ram through—their failed and stale po- ficiary far below projected private-sec- catch him. A pack of hungry wolves fo- litical agenda and confront the Presi- tor growth rates. It would diminish cuses the mind wonderfully on what is dent at every turn of this crooked leg- quality and access to health care for truly important. So should this debate islative road. Worst of all, two of these millions of middle-class Americans. on balancing the budget. baby reconciliation bills will be de- Doctors and hospitals will be able to The problem with Republican budget voted largely to cutting taxes—an act charge seniors for the entire balance of after Republican budget is that they that will worsen the deficit without the charges above the Medicare pay- will not give up on what is not impor- any sense of being responsible or rea- ment. The Republican majority may tant. What is important to the Amer- sonable. assert that premiums are not going up, ican people—and they have said it time We are already seeing the House voo- but they cannot make the same claim after time, is balancing the budget and doo work its way in this conference re- about seniors’ out-of-pocket expenses, balancing it fairly. They would far port. At least the Senate language re- and that is where, primarily, the sen- rather jettison the tax breaks but quired that all the entitlement spend- iors are going to be hit. maintain a first-rate health care sys- ing reductions be enacted into law be- The $123 billion reduction of Medi- tem, and balance the budget than run fore—I emphasize before—we consid- care hospital insurance spending will the risk of deficits in the years ahead, ered the tax breaks. The House, not devastate rural and some urban hos- eating into the future of their children. surpisingly, shamelessly tossed that re- pitals as well. The Republicans assert But my Republican colleagues cling quirement out the window and the Sen- that it is necessary to preserve the sol- to the tax breaks—the tax breaks that ate concurred in conference. What a vency of the trust fund through 2006. fuel the reductions in Medicare and fiscal sham all of this is. That is bending the truth to fit their Medicaid and divide our great Nation. The first reconciliation bill contains agenda. Funny, is it not, if that is That is why they and this budget will Medicaid, welfare, and tax breaks. Yes. humor, that the net tax breaks—at $122 ultimately fail. And that is not only a Mr. President and tax breaks. So much billion—are almost exactly equal to tragedy for the departing majority for performing deficit reduction before the cuts in Medicare part A—at $123 leader but for the American people as doling out the tax breaks. So much for billion? well. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6063 It is sad to have to conclude on this body else in national leadership. He is ily. I have no certainty beyond Senator note, but this is clearly a failed budget. a person who, I think, personifies the KENNEDY, but I am certain Senator Once it passes, as it will, we will be words trust and honesty and integrity KENNEDY will be here very shortly, and starting over again on what we went more than anybody I have ever worked I will yield to him such time as he through last year—meeting after meet- with in the political process or in the needs when he comes. Other than that, ing, crisis after crisis, and not a work- private sector. I have never known I know of no Senator on this side who able budget that can be supported by anybody who has served with BOB DOLE will be speaking tonight, but we have the President, by the minority in both who has not said that his word was had surprises before, as you know. the House and the Senate, and cer- good, that his word was always one Mr. DOMENICI. Mr. President, I will tainly not by the American people. that you could count on. That is clear- just ask again if there are any Repub- When, oh, when, will they learn? ly a reason why he is held in such high lican Senators desiring to speak on Mr. President, I reserve the remain- esteem on both sides of the political this budget resolution or ask any ques- der of my time. aisle. tions regarding it. While there will be Mr. DOMENICI addressed the Chair. These qualities, his capacity to be a some time tomorrow—I am not at all The PRESIDING OFFICER. The Sen- good friend, his compassion for his fel- sure how much time there will be—to ator from New Mexico. low citizens, the honesty, the trust and speak on the resolution. I think we are Mr. DOMENICI. I wonder, since no- the integrity that he brought to his going to be here— body else is seeking recognition, if I service here in the Congress of the Mr. EXON. I might advise my col- might ask the Senate if they would United States, make him a giant, in league that Senator KENNEDY will be mind my yielding up to 5 minutes to my opinion, a giant who will be re- using approximately 30 minutes when Senator ABRAHAM for comments on membered far beyond the balcony he arrives, and I have just been advised Senator DOLE, to be taken off my time. which today was named after him. But Senator SIMON, a member of the Budg- Mr. EXON. We have no objection. he will be remembered along with the et Committee, wishes 15 minutes. So Mr. DOMENICI. I so request and so names of Webster and Clay, Johnson, that is about 45 minutes that I know of yield. Mansfield, and others who have served for Senators at this juncture. The PRESIDING OFFICER. Without and who are remembered as the impor- Mr. DOMENICI. Mr. President, I re- objection, it is so ordered. tant ingredients in the formation of peat for Senators on this side, if they The Senator from Michigan is recog- our democracy and its continuation. would like to speak this evening—I nized. I would just say this. Although my know it is somewhat of an imposition f tenure in the Senate has lasted only a since we have already announced there year and a half, I am extraordinarily are no votes for the remainder of the TRIBUTE TO SENATOR BOB DOLE proud that I had the chance for that day—there will be some time this Mr. ABRAHAM. Mr. President, I rise year and a half to serve with BOB DOLE. evening and there will be some time to- at this time to speak in concert with so I happen to be one of those who be- morrow. Clearly, there will be some many others who have spoken today lieves that his career in public service Members who would like to be heard. about the career of Senator BOB DOLE is not coming to an end today but that Mr. President, I yield myself 10 min- who today moved on to a new role and in just a few months he will be back in utes. new responsibilities and left behind a a different role, working together with The PRESIDING OFFICER (Mr. legacy that is virtually unsurpassed in us. But I am proud that I had the ABRAHAM). The Senator from New Mex- the history of the Senate. Obviously, chance to serve as a fellow Member of ico. the accomplishments that BOB DOLE the U.S. Senate with him. Mr. DOMENICI. Mr. President, I did achieved, both as a leader in the Sen- Some people come to this Chamber not get to hear all the remarks of the ate as well, in his earlier career, as a and perhaps never are given the oppor- distinguished Senator from Nebraska, Member of the House of Representa- tunity to work closely with one of the but I believe I know generally what his tives, have been chronicled pretty thor- giants of our Nation’s history and of criticism is, and I would like to address oughly both by the media as well as by the Senate’s history. I feel very lucky my views and my beliefs with reference Senator DOLE himself today. It is a leg- and fortunate to have had that chance, to this budget. islative record that any of us would be, even if it was only for a year and a First, Medicare, the trust fund for I think, immensely proud to have at half. the senior citizens’ hospital protec- the end of our careers here in this in- I wish him and his family great good tion—and I do not say this with any stitution. fortune as they move on to a new chal- joy in my voice—is going broke. I do So, what I thought I might do instead lenge in this political campaign, and not know how else to say it. This is not was to just spend a minute or two talk- the best of luck and best wishes for the partisanship that determines that the future. ing about the personal side of BOB trust fund is going bankrupt. It is not Mr. President, I yield the floor. DOLE, the side that many of us here in The PRESIDING OFFICER. The Sen- Republicans predicting it, it is not the Senate know but which is maybe ator from New Mexico. Democrats predicting it, in the sense of not as well known to the American elected Members of Congress. f people. The trustees who are in charge of I have certainly come to know BOB CONCURRENT RESOLUTION ON telling the American people the truth DOLE as a friend. He is somebody who, THE BUDGET FOR FISCAL YEAR about the trust fund and making rec- from the very day that I arrived in the 1997—CONFERENCE REPORT ommendations have, once again, re- Senate, had a door that was open to Mr. DOMENICI. Mr. President, just ported—I do not say this to frighten me, and I know it was open to others in for purposes of some kind of account- anyone; it is just true—we are now the freshman class that makes up this ing, how much time has Senator EXON spending more money out of the trust 104th Congress. He is a man who did used and how much have I used, with fund for senior citizens than is coming not view himself as a senior Member all of that which I asked that I yield into the trust fund. In fact, we started and we as, somehow, junior Members and asked be credited to me even doing that last year by a small not to be on the same playing field, but though the speeches were on Senator amount. It is growing this year, that somebody who viewed us all as Mem- DOLE? is, the amount that is spent in excess bers of this institution, as equals, who The PRESIDING OFFICER. The Sen- of what is coming in, and the next year treated us that way, as he treats every- ator from New Mexico has used 28 min- after that it is more, and the trustees body. utes; the Senator from Nebraska has say in 5 years—in 5 years, not 30, not He is a man of great compassion, a used 17 minutes. 20; 5 years—there will not be any person who, through his own life’s ex- Mr. DOMENICI. Mr. President, I ask money in the trust fund to pay the hos- periences, I think, probably cares Senator EXON if he has any other Sen- pital bills for senior citizens. about and sympathizes and under- ators coming down this afternoon. No one has violated the trust fund. stands the problems that his fellow Mr. EXON. I advise my friend, I am Congress has not taken money out of citizens have more than virtually any- expecting Senator KENNEDY momentar- the Medicare fund. All of the money in S6064 CONGRESSIONAL RECORD — SENATE June 11, 1996 those payroll deductions is going into $500 credit for each child,’’ we will What is happening to America? It that trust fund. The problem is that stand up and say, ‘‘We are guilty.’’ may be getting solvent, but America is the hospital costs and home health Right? We will say, ‘‘We are guilty as getting whacked for $55 billion in taxes care costs which are in that trust fund charged.’’ But then to then turn around that a couple sitting around at their are growing more rapidly than the and say, ‘‘That’s not the case, you’re table one morning, wondering about money that comes in. helping rich Americans’’? how much taxes they are paying and Can you believe that when we try to Mr. President, look at the budget. will it ever stop, they just got a new fix it and save money that somebody Read the budget, and that is what it present. The present is another tax says we are doing this because we want says. It says precisely what I have just burden, because the President wants to to cut taxes? I do not know how else to done, and I ask for Senators who will claim he is fixing Medicare by letting present it. When the trust fund is going come to the floor and say you are re- that couple, who are paying income bankrupt and you say, ‘‘Let’s save ducing the expenditures and the out- taxes on their hard earned money, let money for the trust fund’’, and then lays under Medicare so you can cut them pay. you save the money for the trust fund taxes, I ask one question: What if you Is that the right way to fix Medicare? and the trust fund gets more solvent, do not cut any taxes, does the Medicare I ask in all honesty, if you brought be- and over on the side you are cutting fund get any better? Does it last 10 fore the U.S. Senate a proposal, free- taxes, how in the world can it be said years instead of going bankrupt in 5? standing, just put one up here one of that saving the trust fund is being done Of course not. You have to reduce ex- these days, and resolve that henceforth so you can cut taxes? penditures within the trust fund or in- $55 billion over the next 6 years of Med- What if you did not cut any taxes? crease taxes that go into the trust fund icare expenditures will be paid for by Would the trust fund be any more sol- to give it more longevity and a longer the general tax coffers of America, and vent? What if you said, no tax breaks life. then vote. I surmise there may be 10 for families with children—which we Having said that, does the President Senators that vote for it, but we have want to do—does that make the trust of the United States not propose to never voted to put general tax money fund solvent? Not at all. It has none, save Medicare? If he does, must he not in Medicare part A or in Social Secu- zero, impact on the trust fund. If the think it is going bankrupt? I believe he rity, because we understand those are trust fund continues to spend more uses the same principles we use. But I trust funds that should be paid for by than it takes in, it continues bit by bit want to stay on this subject for just a the revenues dedicated to those en- to go bankrupt. couple more minutes. trusted funds, not by the general tax- Everyone knows that, and yet time The President has a very, very payer. But this is being done in this after time, as we move along and say, strange way of saving Medicare, and let bill, and at the same time the Presi- ‘‘Let’s fix the trust fund and let’s fix me explain it. Frankly, the President dent and my good friend from Nebraska the insurance program for seniors,’’ as of the United States plays games with can run away and say it is the Repub- soon as you say you are doing that, Medicare and the taxpayers of America licans who are restraining and cutting somebody says, ‘‘You’re doing it to cut when it comes to Medicare for the fu- back on Medicare, not the President. taxes.’’ ture. Now let me tell you how. What do we do? We say how much The President is cutting taxes. In The President says, ‘‘Yes, my trust- money is necessary to make it solvent fact, he made another announcement ees,’’ four of whom are part of his Cabi- in the next decade, and keep it solvent recently of another tax cut. Are we net or appointed by him to run Social for 10 years. We are told how. We have running around saying that he is doing Security and Medicare, ‘‘have told us said, ‘‘Let’s reform the system, give that because he is reforming Medicare this trust fund is going to be bankrupt seniors options to have their coverage to try to save it, albeit he is not doing in 5 years.’’ in different ways,’’ but always they can very much? He is doing it more than a So the President says, ‘‘Let’s fix it.’’ keep what they have, the same system few billion dollars’ worth of savings, of Now, how does he fix it? If this is not they have, and let us ratchet back on reforms. Can it be said then that the a sham, then I have never seen one. If how providers are paid and hospitals President is doing that so he can cut this is not smoke and mirrors, then I are paid and save enough money to taxes? Of course not. They are not even have not been around when smoke and make it solvent. We have not increased related. That is bad enough, but then we hear mirrors were perpetrated as part of a 1 cent of cost to the senior citizens, yet it is not changed no matter what we do budget. He says, ‘‘Let’s just take $55 we are making it solvent for 10 years. to this budget. It is the same song and billion of the current expenditures Frankly, when we say we are doing dance: ‘‘You’re cutting taxes for the under that trust fund of the current ob- that and Democrats and the President rich.’’ ligations, just take them out.’’ What say you do not have to do that, we have I want to repeat one more time, and does he take out? done it another way. I just told you the I defy anyone who reads budgets to say He says, ‘‘Let’s take out the fastest other way. This is a very short-term this is not true, taxes are reduced in growing item in Medicare, take it out fix. Medicare will be growing at an an- the next 6 years by the sum total of of the trust fund, and not pay for it out nual rate of 6.2 percent—not cut. The $122 billion. That means, as best you of the trust fund anymore. Magic. per capita expenditure for seniors will can calculate, taxes were going to be X What is the fastest one? Home health not go down. It will go from about billions of dollars over the next 6 years. care. Home health care has been part of $5,200 to $7,000, an $1,800 increase over We have said, ‘‘Let’s assume they will the trust fund for a long, long time. So that 6-year period. All of that in the be $122 billion less.’’ What more can we seniors expect their home health care name of doing what is right, for which do than to say in a budget resolution bills and their hospital bills to be paid we are accused of harming seniors, of that $122 billion shall be used for, for out of that trust fund. Sort of like doing this so we can cut taxes, when it what? For up to $500 child credit for 46 magic. What is the word? Abracadabra. will be insolvent whether you cut taxes million American families. That is I am making it $55 billion more solvent or whether you do not cut taxes. what the $122 billion is for. because it does not have to pay those Let me move for a minute quickly to Is that for the rich of America, or is obligations anymore. I just take them how we treat two big other items in that because we are worried about fam- out of there and let somebody else pay the budget. The President of the Unit- ilies in America? Is that Republicans for them. ed States produced another very inter- cutting taxes for the rich of America, Who is the somebody else? The Presi- esting phenomenon in his budget, 1997, or is it to say that it is very tough to dent says the taxpayer will pay for it. which will be appropriated before Octo- raise two or three children with the tax They do not even know it. They are ber of this year, an election year. The deductions you get because they have about to be given a big gift by the President of the United States says for not kept pace with the demands and President. The gift is, you taxpayers all of the discretionary accounts, the the needs and the moneys required to pay $55 billion for the home health part non-Social Security, the non-Medicare, raise children? of Medicare, which I just relieved the the nondefense domestic accounts, the If they want to say, ‘‘Republicans are Medicare trust fund of, so that I can President says, ‘‘I think I want to bal- trying to give families with children a say it is getting solvent. ance the budget, but I think for 1997 I June 11, 1996 CONGRESSIONAL RECORD — SENATE S6065 better increase spending.’’ So he in- program for senior citizens as the tial. Cutting taxes creates more real creases it $15 billion. The discretionary President. He found he needed $44 bil- spending power for Americans. It would accounts are increased $15 billion. But, lion. We got the same amount. allow more than 201,000 families in my Mr. President, only for 1997. After all, When you are all finished, clearly, home State of Minnesota with 437,000 we have to balance this budget. there is a lot of politics surrounding all children to save or spend more of their Then read the Broder article on Sun- of this. I wish it was not the case. own money—money that should not day where Senator BOND is making the Sooner or later we have to fix Medi- have been taken from them in the first case that after you get the $15 billion care, fix Medicaid. We have to save place. The $500 per-child tax credit increase, and then you still say you are money on both programs. We have to would return $297 million to the tax- going to balance by the year 2002, you reduce taxes on working families in the payers of Minnesota, $45 million to the let the discretionary spending just fall United States significantly, sooner or taxpayers of South Dakota, $39 million off the log, $72 billion in cuts in the later. We think this is the right year to to the taxpayers of North Dakota, $329 last year in discretionary accounts, but do it. million to the taxpayers of Wisconsin, not in the year of the budget, not in I yield the floor. and $180 million to the taxpayers of the year of the election. Then you get Mr. GRAMS. Mr. President, under Iowa. Cabinet Members telling the public of the leadership of a Congress committed Mr. President, we not only need to the United States that the President is to fundamental reform of the Federal eliminate wasteful and unnecessary not serious about that. After all, he is Government, we have once again deliv- spending, but we also must reform and not going to cut veterans that much, ered a balanced budget to the Amer- control our entitlement programs. even though if you look at where that ican people. I have no doubt that this Without responsible reforms, entitle- leads you, veterans get scalped. budget is a blueprint that will protect ment spending will consume all Fed- But they are saying, ‘‘We will take it the future of every American child. eral spending in 2015, leaving nothing 1 year at a time.’’ How, 1 year at a Last year, Mr. President, the debate for education, environment, defense, time, when the dollar numbers keep on the budget was mainly focused on and other domestic discretionary pro- going down, how are you going to fit whether we should have a balanced grams. them all in with an increase? Some- budget by 2002. Today, all sides, includ- I am therefore pleased, Mr. Presi- thing will get cut. They would like to ing President Clinton, have agreed that dent, that this budget resolution has let the American people think it is we should and can balance our budget included my amendment on long-term only Republicans that have to make by 2002, while we provide tax relief to trends in budget estimates. In the past, these cuts. middle-class American families. The budget estimates were projected for What do we propose? We propose a remaining question is how. only 5 years. My amendment requires freeze, fellow Americans. In a year we In my view, our budget priorities both CBO and OMB to provide a 30-year are really trying to get a budget, if we should reflect traditional American projection of the budget impact on en- cannot live with a freeze in domestic values: a smaller government, less titlements. This is good policy and will spending, we will never get the budget spending and more savings, and helping help Congress and the American tax- balanced. So we are not cutting this those who want to help themselves. Mr. payer understand the long-term com- year. The conference report that comes President, I must say that this budget mitments were are imposing on future back has a freeze in budget authority. resolution moves us confidently in that generations. My amendment also re- Program authority for all domestic direction. The budget resolution will quires the President to include long- bills freeze at exactly the level we are balance our budget in 6 years, yielding term economic projections in his budg- now spending for all of these programs. a $5 billion surplus in 2002. It will also et. Entitlement programs can then be I believe that is a fair approach in a create more jobs, provide more afford- reviewed and analyzed for their eco- difficult year. I hope we produce these able education, make Medicare more nomic impact today and for genera- appropriations bills at a freeze level, secure, and offer real welfare and Med- tions to come. Mr. President, although I personally one after another. I hope there will be icaid reform. would prefer more cuts in Federal no strings attached and no riders, and Mr. President, I am particularly spending and more tax relief for work- we will see whether the President pleased that this resolution has kept ing American families, this budget res- wants to close down Government based our promise to the American people to olution is a well-balanced one. While it upon a freeze, especially if he has to provide meaningful tax relief for mid- reduces Federal spending by $580 bil- dle-class Americans. The resolution ex- say we want $15 billion more to keep it lion over 6 years, it has kept vital pro- plicitly recommends that this should open. We will not mind that battle this grams such as law enforcement and include a tax credit of $500 per child. I time. We will not mind that battle this crime prevention, education, veterans’ am proud that this provision, which I time. benefits, R&D, and environmental pro- Which do you really want? Are you have made a priority since my election tection as national priorities. In my serious about a balanced budget? We to Congress, remains at the heart of view, this budget resolution is a credi- will give you a freeze. No harm, no our efforts to balance the budget while ble, workable and no-gimmicks plan gain. Or do you want to spend $15 bil- reducing the tax burden on working for getting our fiscal house in order. lion more? Those are the basic ele- families. If we want to rebuild the financial in- ments. I have given the tax proposals. The tax burden has become increas- tegrity of this Nation, avert the Nation I have given Medicare. Medicaid will ingly unbearable for middle-class from fiscal disaster, and leave our chil- grow at 6.2 percent a year on average, Americans. This year, the average dren a viable government, we must not be cut, but more power is going American worked from January 1 until pass this balanced budget to control home to our Governors and to our leg- May 7 to pay his or her tax bill. Only government spending and reduce the islators to see if we cannot streamline after paying the Government more burden for our children. and make the programs more efficient. than one-third of their earnings can Mr. President, I believe strongly that From my standpoint, I do not think the taxpayers then spend to meet their it is the responsibility and duty of this it matters what we change in this own needs. If we do not impose dis- Congress to ensure our children and budget and how it is different from last cipline in our budget, children born grandchildren a strong economy, a year or the year before. We will hear today would have to pay as high as 84 good education, a clean environment, the same broken-down medley, ‘‘hurt- percent of their lifetime earnings for and a debt-free future. Let us fulfill ing senior citizens, helping the rich our Government spending and national that responsibility and pass the bal- with tax cuts, hurting the poor with debt. This is simply outrageous. We anced budget resolution conference re- Medicare cuts,’’ when, as a matter of must provide tax relief for middle-class port. fact, what we are really trying to do is families to reduce their financial bur- Mr. DOMENICI. Senator EXON, can help seniors, keep the fund from going den, and encourage saving and invest- we accommodate a couple speakers on bankrupt, and do little or no harm to ment. Senator DOLE statements? them. We have the exact same dollar It is my belief, Mr. President, that Mr. PRESSLER. Mr. President, I amount of savings for the insurance the $500-per-child tax credit is essen- would like 5 minutes. S6066 CONGRESSIONAL RECORD — SENATE June 11, 1996

Mr. MCCONNELL. Mr. President, I never seen anything like it. He would always showed up. He continued to would like 2 minutes. fill up the whole weekend with work push. Mrs. KASSEBAUM. Mr. President, I and visits. To him, it was service. I just The next time I saw him was in 1984, wish to speak on the health insurance would not have that much energy be- 3 days before the Senate race in Ken- reform legislation. So I am happy to cause I need a day off now and then. I tucky. All of a sudden, the word had wait my turn. pay tribute to him because he is one of spread around that this challenger in Mr. DOMENICI. We have an arrange- the great Members of this Chamber the Senate race in Kentucky might ment that the Senator from Massachu- that I have served with, and it has been have a shot. BOB and Elizabeth Dole setts will go next. It is your turn. my pleasure to work side by side with came in, and we wheeled around the Mr. EXON. With the understanding, I him. State in their plane, and they gave me might say, that the Senator from Mas- I have a number of other the boost I needed at the end to get sachusetts has been very patient. I reminiscences, which I will place in the over the finish line. scheduled him at 4:30, the best I could. RECORD. During this short time, let me In short, like everybody else here, I Mr. KENNEDY. That is fine. also say that I have felt a great deal of have had a number of reminiscences of Mr. EXON. We understand that you friendship and still feel a great deal of this great American. On a day like will have 7 minutes for other matters, friendship with BOB DOLE. He is a per- this, they all come back. It seems like and then we will yield to the Senator son with whom I could always talk to there is a giant sort of gap here in the from Massachusetts, is that correct? if I was struggling in some of my cam- Senate with his departure. Today was a Mr. DOMENICI. That is exactly what paigns, or whatever. He would always bittersweet day for all of us. I think it I hope and agree to. be there to help. Just recently, he in- is kind of a mixture of exhilaration for Mr. EXON. We agree with that. vited me along on four stops in several him that he goes out on this new chal- The PRESIDING OFFICER. The Sen- States with him. His energy is as great lenge, undeterred by all of the re- ator from South Dakota is recognized as it has ever been. straints that are obvious here, but at for 5 minutes; following that, the Sen- BOB DOLE is a great man. He will be the same time he regretted his depar- ator from Kentucky will be recognized a great President, and I will miss him ture. I only add: Godspeed, BOB DOLE. I for 2 minutes; then the Senator from very much here in the Senate. It feels think we will be seeing you in Govern- Massachusetts will be recognized for lonely around here without him al- ment once again. such time as the Senator from Ne- ready, without his quips, and so forth. I yield the floor. braska may yield him. I came in a little late at lunch today The PRESIDING OFFICER. Under The Chair recognizes the Senator and he said, ‘‘You are late, PRESSLER. the previous order, the Senator from from South Dakota. We are going to count you late.’’ He Massachusetts is recognized. f was full of quips all the time. I pay Mr. EXON. I yield to the Senator tribute to my friend, BOB DOLE, a great from Massachusetts whatever time he TRIBUTE TO BOB DOLE U.S. Senator, who will be a great Presi- needs off of our 5 hours. Mr. PRESSLER. Mr. President, I rise dent. Mr. KENNEDY. I thank the Senator to pay tribute to our friend, BOB DOLE. The PRESIDING OFFICER. The Sen- from Nebraska. I see the Senator from It has been my pleasure over the years ator from Kentucky is recognized. Kansas on the floor, who was here ear- to hold over 30 joint meetings with him Mr. MCCONNELL. Mr. President, we lier than I was. She has indicated that in my State, in my time as a Congress- witnessed today the departure from the she has just a short comment to make. man and as a Senator and when he was Senate of one of the giants of American I am glad, if it is agreeable with the running for South Dakota’s early pri- history. On a day like this, obviously, Senator from Nebraska, to yield to her mary. There were at least 30 meetings. all of your memories come back to you. to speak briefly. I learned a great deal from BOB’S serv- I remember the first time I met BOB Mr. EXON. I will yield whatever time ice, and I learned that his tireless en- DOLE. It was in this room in the early she needs from our time. ergy was always an inspiration to me. part of 1969. I was a fuzzy-cheeked The PRESIDING OFFICER. The Sen- In fact, he would always shake hands staffer back here on what was then ator from Kansas. with everybody at the end of those these big stuffed couches. BOB DOLE f meetings, regardless of how long it was a freshman Senator. Since desks took. But he offered a great deal of on the floor of the Senate were as- HEALTH INSURANCE REFORM substance when somebody asked him a signed on the basis of seniority, he sat Mrs. KASSEBAUM. I very much ap- complicated question. He would give near the back. I remember him as preciate the Senator from Massachu- the full Senate answer, so to speak. I being the most popular of the freshman setts giving me some time at this mo- believe that he will go down as one of Republicans with the staff. Why? Be- ment. I would have been happy to wait. the great Members of this Chamber, in cause he was nice to us. This is a place But both the Senator from Massachu- terms of legislative accomplishments where, as many know, some Senators setts and myself have worked for many and contributions. are a little full of themselves and fre- months on health insurance reform. I I was one of the first Senators to quently are not all that nice to staff. very much appreciated Senator KEN- commit to him for majority leader or BOB DOLE was not only nice to us, his NEDY, the ranking member of the Labor minority leader—whichever was the humor was often practiced on us before and Human Resources Committee—his case, because at the time we did not he related some of it on the floor. efforts to help us achieve what the Sen- know for sure. I was one of the first In short, you could sense from the be- ate voted on 100 to 0 for some very im- Senators to endorse him for President. ginning, from the day BOB DOLE walked portant health insurance reform meas- I think his career in the Senate rep- in here, that he was something special, ures. resents the best of Senate life. I guess that he was not going to be just your Today, I want to speak for a moment everybody knows about his wit and his average Senator. So like everybody about where we stand on this issue. determination. I could never believe or else, I watched his development over First, because I heard the chairman of comprehend how he had so much en- the years. I left as a staffer and went the Budget Committee speak on the ergy. He literally went 7 days a week. back home to do my own thing. My budget resolution before us, I want to He would be as energetic on Sunday next recollection of BOB DOLE was in speak with respect to the admiration I night when he was coming back to 1980, his first campaign for President, have for Senator DOMENICI and his hon- Washington. which was not conspicuously success- esty and vision regarding what is need- I also visited at least 15 States with ful. I remember picking him up one day ed in our budget. Both he and Senator him during the time he was a Presi- in Kentucky and taking him to a meet- EXON from Nebraska, who is the rank- dential candidate or chairman of the ing and watching him tirelessly work ing member, have worked many years party or when I was a Congressman, the crowd. He had to have a sense that on budget matters, and I am sure that and he did the same thing there, too. his campaign was failing. But as Woody at some point there must be a certain He was not a golfer or a tennis player. Allen said, ‘‘Eighty percent of life is weariness that sets in as yet one more He just worked all the time. I have showing up.’’ BOB DOLE was driven. He budget resolution comes before the June 11, 1996 CONGRESSIONAL RECORD — SENATE S6067 Senate. But it takes dedication, which or disadvantages on how perhaps MSA will benefit millions of Americans. I I greatly admire, on the part of the plans should be drawn that would be recognize that compromise is always Senator from New Mexico through the the best devised plan possible for medi- difficult. It was a difficult process in years to speak to what he feels. I cal savings accounts. This is the group committee and on the Senate floor. As strongly support the vision that he has where concerns have been raised about an even broader range of issues were and that is required of us today. the possibility of adverse collections put on the table by the House, it be- Speaking to health insurance reform, and where States have developed the came even more of a challenge to find which both Senator KENNEDY and my- greatest expertise in providing insur- common ground among disparate self feel is very important, negotia- ance access to small businesses. The views. Nevertheless, I think that each tions are still going on. The agreement proposal goes on to extend MSA’s to in- of us recognize the need to com- that was reached last night on this dividuals and employers with 50 or promise, and I believe this proposal measure represents a consensus among more employees on January 1 in the will strike a fair and equitable balance Republican members, who have been year 2000. Unless the Congress acts to which will put meaningful health care meeting informally for some weeks. delay or repeal the expansion, separate reform within our grasp. Both myself and Senator KENNEDY votes would be guaranteed on both the Mr. President, I have had concerns have been in conference and negotia- individual and large employer expan- about the medical savings accounts. I tions ourselves to see if this issue can- sion. think we need to go slow and under- not be advanced. In addition, the proposal includes stand them—understand where there As a participant in the process of in- new means for consumer protection may be difficulties and how to achieve formal negotiations among Repub- standards as a condition of deductibil- them in a way that will benefit many licans Members, I would say much was ity. These provisions assure that the Americans, particularly those who given up by Members who feel very consumers will have sufficient infor- have not had any other access to strongly about particular provisions. mation to judge this new product, and health insurance. But, by doing it slow- For example, Members of the House of they can take into account a recent ly and phasing it in and studying it Representatives agreed to drop provi- Rand study showing that adverse col- carefully, I think it can and should be sions on medical malpractice reform, lections can be minimized by limiting achieved. which many Members there strongly the level of MSA deductibles. So I hope that as we continue nego- supported and which was in the House- First, MSA plans would be required tiations, we can actually, over time, passed measure, and the multiple em- to disclose the information about cost- achieve some agreements on the pro- ployer welfare arrangement, MEWA’s, sharing requirements, deductibles, and posals in health insurance reform that which would have most certainly led to limitations on coverage, if any, under will allow us to succeed in efforts that a Presidential veto. the plan. we know will benefit many, many. Likewise, as I am sure, all realize Second, MSA plans could have a max- Thank you, Mr. President. I yield the more was added—particularly with re- imum deductible of $5,000 for individ- floor. spect to medical savings accounts— uals, or $7,500 for family coverage, in- Mr. DOMENICI. Mr. President, may I that others would like to see. I count dexed for medical inflation. That is a have a little dialog with Senator myself among those who would have high deductible, but it would, we KASSEBAUM regarding that bill? preferred a more focused bill. We added thought, be better than a floor being Mr. KENNEDY. Please do. here in the Senate parity for mental placed and that a ceiling should be Mr. DOMENICI. I do not choose to- illness insurance, which many here placed. night to go into an indepth analysis of strongly support, and many in the Third, once deductible limits are the bill as it pertains to the severely House support. But to come to some reached, individuals would be required mentally ill or those who need mental agreement for those who question to pay on average no more than 30 per- health care in America. I do want to whether we can do that at this time, or cent cost sharing for their health bene- suggest as one of the prime sponsors of not, meant that provision was dropped fits. amendment, which will be dropped, as well. In addition, six adjustments to the that I believe we should not have a However, I have been around here structure of the House MSA provisions commission in this bill—a commission long enough to know that no one gets were made in response to recommenda- getting bigger and bigger and broader everything they prefer. I listened very tions by the administration. These and broader and more and more issues. carefully to my colleagues in the modifications could tighten tax rules Frankly, I think we would rather have House, and it is my assessment that regarding any possible abuse. an opportunity to address this issue the proposal now on the table is what Finally, it should not be forgotten one more time in another manner. I do it will take to bring our efforts to fru- that there are core elements of the not think a commission is going to ition. There may have to be—and I health insurance bill. Those dealing solve many of the issues that we think guess there would be—some more with portability and preexisting condi- need to be solved, at least in any of the minor adjustments. I want to speak tions are firmly in place. Those are iterations we have seen on the commis- particularly to the medical saving ac- provisions which we all agreed on were sion. I would ask that it not be in- counts provision because that is what very important, Mr. President. They cluded. I mean, I think it is no com- has been perhaps the hardest and big- are the ones Senator KENNEDY cared promise for us, and we just should not gest hurdle to get over, and to what I about and that I cared about. We ar- have it, and let us get on with this believe represents a fair and credible gued no amendment should be added in fight in another way. approach to this issue. Briefly, begin- order to achieve those core provisions. So I personally will ask them not to ning in January of next year, the medi- But then that is not the way the House put it in. I will return to my office and cal savings accounts will be available and Senate worked their will. Amend- advise the House lead conferees that I to the self-employed and to employees ments were added in both Houses. personally would like not to have the of businesses with 50 or fewer employ- In addition, of course, the agreement commission in it. ees. includes Senate provisions dealing with I see my cosponsor on the floor. A study regarding the effect in the deductibility and long-term care insur- Mr. WELLSTONE. Might I indulge small group market on adverse collec- ance, which will make health insurance the Senator for a moment on a com- tions, health cost, use of preventive not only more portable but also more ment on this? care, and consumer cost would be con- affordable for millions of Americans. Mr. KENNEDY. Sure. ducted over a 2-year period. These are important changes, and I Mr. WELLSTONE. I have a different Mr. President, I believe that starting am confident that further reflection on perspective. I also feel it is not much of with the small group market where this proposal will produce a public law, a compromise. I just wanted to say, many of the most important issues I am absolutely confident, that we can having been a cosponsor of this amend- with respect to MSA’s have been raised come to an agreement on both sides of ment with my colleague from New will provide Congress with the most ac- the aisle on with the administration to Mexico, that when the medical savings curate assessment of their advantages achieve health insurance reform which accounts—I am all for working out an S6068 CONGRESSIONAL RECORD — SENATE June 11, 1996 agreement—came to the floor of the tially, I have to respond to my good als. It was spoken of as an issue of im- Senate, that amendment was defeated. friend from New Mexico as well as Sen- portance by Senator DOLE at that time, Then we talked about compromises. I ator WELLSTONE. It is not my purview and he has reiterated those comments know the Senator from Massachusetts about whether this matter will be in or in a number of statements in recent will talk about that. The mental outside the compromise. It appears days. health amendment, I think, passed that whatever has been recommended So this really was a very important with 68 votes. Then we worked very by the Republican leadership has at proposal, a modest step but a very im- hard to pare this down. What we came this time included a study in the pro- portant one, a vital one to the 25 to 27 up with was a very reasonable formula- posal. I myself, as Senator WELLSTONE million Americans who have preexist- tion, if you want to talk about a com- has pointed out, strongly believe that ing conditions and other millions of promise, which dealt with lifetime an- what would have been a reasonable Americans who would be able to take nuals; just have the same cap parity compromise of perhaps extending men- advantage of the portability provi- with that, which would have been so tal health to Federal employees would sions. important to families to get under. have had included a comprehensive So I stand with the Senator from I urge my colleagues, as we get into program of up to another 10 million Kansas in hoping we will be able to negotiations, I would like for that to without affecting businesses’ bottom work the will of the Senate and be able continue to be in the mix. It was a very lines. But that was not to be consid- to achieve those objectives. The prin- reasonable formulation. The Congres- ered. cipal concern that I had in the proposal sional Budget Office projection was Then I supported strongly the posi- as outlined here this evening, and that like two-tenths of 1 percent increase. tion that has been outlined here in has been reported previously, is that, To me it is just unconscionable that terms of the yearly inclusion and the first of all, we would be including not this cannot be accepted. I mean it yearly caps of the longer lifetime caps just a test, we would be immediately passed by 68 votes. I do not believe that for the funding of mental health pro- including about a third of the work this should now be knocked out of the grams. But that has been dismissed. I force in an untried and untested pro- mix. think the bottom line is just to dismiss gram, which would inevitably include I have urged my colleagues on the those proposals or to have a study. the entire work force in just three Democratic side to please hang in there I come down on the side of the Sen- short years unless the Congress acts to on this. The White House supports this. ator from New Mexico because I fear, if prevent it. The Democrats support this. I know we do a study, that may very well be So the signal very clearly is, let us many Republicans do. I do not know utilized as a way to compromise fur- move forward with a national program anyone who has worked harder on this ther progress in addressing mental that would include the MSA concept. than Senator DOMENICI. health down the road on some future What many of us have believed is that I urge my colleague from Kansas, health care proposal. this idea is untested and untried, and whom I believe in, and certainly my I for one hope very much that, if we sufficient questions have been raised colleague from Massachusetts, please, are able to get this particular proposal, about it. For example, the Urban Insti- as we go forward with these negotia- the Kassebaum-Kennedy bill, forward, tute, which the Senator refers to, has tions, do not just simply cancel us out. the health issue will go back on the pointed out that, at a $1,500 deduction, By the way, the ‘‘us’’ is not Senator agenda. Mental health being as impor- evidence of adverse selection is not DOMENICI and myself. The ‘‘us’’ are tant as it is, we may very well have a quite evident. But once you move to citizens all across this country who real opportunity to move ahead on that $2,500, adverse selection becomes a thought finally that they were going to in another Congress. major factor and a major force. In this see a time come when the U.S. Con- Not that I would find it persuasive proposal, we are talking about a $5,000 gress would put an end to some of this personally, but maybe there would be deductible as a possibility. discrimination and do something very others who would: not to debate this So the underlying concept that all of good and very positive and very helpful issue since we are doing this com- us have had in urging the Kassebaum- for families all across the country. prehensive study over a period of years, Kennedy proposal has been, when it Do not shut us out. and therefore let us wait until the comes to MSA’s: Let us do no harm. Mrs. KASSEBAUM addressed the study results are known. Let us do no harm to the existing Chair. But I hear the Senators. They have health insurance system. Let us do no The PRESIDING OFFICER. The Sen- spoken well on this issue, and we will, harm. ator from Kansas. to the extent we can, pass on their ob- Now as to the issue on malpractice. Mrs. KASSEBAUM. Mr. President, if servations and their strong views to It is an issue we have debated and dis- I may say so, I know that there is no the conferees. cussed on many different occasions and one who cares more about this than Just very briefly, I thank my friend, will again. It was not something that Senator KENNEDY, as well, and Senator Senator KASSEBAUM, for her expla- was so special, so unique to this occa- DOMENICI and Senator WELLSTONE went nation as to what was basically in- sion that an independent bill could not a long way in proposing something cluded in a proposal that has now gath- come over here on that measure. It was which many of us hoped would work ered the support of the Republican before the Congress earlier in the ses- and be successful in compromise. At leadership in the House and the Senate. sion and it was set aside for, I think, this point, it has not been. But it has As I have said many times, I admire very, very sound reasons, which we will been probably the question of how her continued leadership in moving be glad to debate at another time. much further we can get in negotia- this whole debate so far forward that The issue of MEWA’s was not really a tions. there still is, I would hope, real oppor- new idea. That has been around for a I very much appreciate the Senator tunity of enacting the core legislation. number of years. The problem with the from Massachusetts giving some time We have some difference on the pro- MEWA’s in the early 1980’s is that they to discuss the health insurance reform posal which has been outlined. But were so involved in fraud that by 1982 effort, and I appreciate all that he is there still is a very strong desire, I be- it was the judgment of both the Fed- doing and continues to do to try to lieve, on everyone’s part, as there eral and the State governments that help achieve a successful resolution. should be, to try to achieve the desired State enforcement against fraud and I thank the Chair. outcome of legislation. abuse should be put into effect. That Mr. KENNEDY addressed the Chair. The concept of the legislation Sen- was under a Republican Congress, and The PRESIDING OFFICER. The Sen- ator KASSEBAUM has outlined on other that was put into effect. ator from Massachusetts is recognized. occasions, which goes back to the end Now, without really any review, Mr. KENNEDY. Mr. President, I of the 1994 congressional debates on without any kind of hearings, without thank the Senator from Kansas for her health care reform, pulled together the any kind of examination, we want to comments. I appreciate her addressing various proposals that were advanced, take the State enforcement away. That the Senate on this particular measure Republican and Democrat, and in- is a very important policy issue to de- about the state of negotiations. Ini- cluded many of Senator DOLE’s propos- bate, but that is certainly something June 11, 1996 CONGRESSIONAL RECORD — SENATE S6069 that we could do tomorrow or do the Ways and Means Committee naming So, Mr. President, this issue is not next day. There ought to be hearings. the committee that is going to do the going to go away. We will have it, and We ought to find out about the role of evaluation. I think that was sort of a we will be required to address it. I am the State and the Federal Government nonstarter, but there may be Members personally convinced that we will be in terms of the enforcement. who would differ with that. If we are successful in passing the core legisla- The fact is, enforcement by the going to get the kind of clear evalua- tion in this Congress, because it is not States on MEWA’s has worked well. It tion which is needed, and which has going to go away. It is too powerful. has reduced significantly the instances been outlined, in fairness, by the Sen- There are too many families that will of fraud and abuse. I would be quite in- ator from Kansas, the types of things be affected by it. We may have some terested in listening to those on the that should be considered are a review rocky roads and bumps along the way floor of the Senate try to persuade the by an independent body to give reports. until we get there, but I think this Senate why that is a good idea, to go That would be very, very important. issue is too important for families to back to a time when States were not Another item in the proposal is, with give way on it. providing oversight and regulations to the acceptance of the deductibility for I know I and others and I know Sen- protect working families. small business only going up to 80 per- ator KASSEBAUM is still strongly com- So we saw those two elements cent, here you have 100 percent in mitted to achieving the objectives. We dropped. I think, as I say, I would have MSA’s, so you have a skewed condition will just have to work this process hoped they could have been dropped just to get started with any kind of through. and we could have debated them at an- comparison. We phase in the 80 percent But I thank the Senator very much, other time. They were dropped. But I up to the year 2000. They would go into and I look forward to continuing to find it very difficult to be convinced an MSA immediately in terms of 100 work very closely with her. percent. So you are obviously skewing that these were major elements of a f major proposal that were given up in this in terms of what is included in the order to try to reach common ground other parts of the legislation. CONCURRENT RESOLUTION ON These are the kinds of things which I with the Senate—when the Senator THE BUDGET FOR FISCAL YEAR think people who would have a chance from Kansas understands very well 1997—CONFERENCE REPORT to review these issues and get into that what she has fashioned and what Mr. KENNEDY. Mr. President, I matters could address. But the most has been supported here was really a know there are others who want to ad- basic and fundamental part of it is put- unique, special, targeted effort to deal dress the Senate. I want to speak to ting in place an untested and untried with the preexisting conditions and the Senate on two issues, briefly: the program in which many of those groups portability, which is really a new way first being where we are on the budget that have looked at it, in all fairness, of trying to come to grips with the proposal for education. have felt it would be particularly health care needs of many of our citi- There have been a number of rep- threatening. To whom? To our seniors, resentations about where we are going zens. to working families, to children for At the same time, as was pointed with current funding, how we are going prevention, and consumers generally. along with the continued baseline ex- out, another area where I think there Those who are supporting it pri- penditures, that we are going to see a is broad agreement in terms of consid- marily have been those—I know there continuing commitment in the area of ering in parallel mental illness as well are individual Members, and I respect education. as other physical illness was com- their views—but, frankly, the outside I want to review for the Senate very pletely set aside. That would have been interests that have been talked about briefly, because I see other colleagues new ground that was being broken. But have been the particular companies on the floor who wish to address the that, for the financial cost, was really who have been involved in these pro- Senate, where we are in the area of too much. I regret it. I am personally grams that have been involved in some convinced, as we have seen with many of the greatest abuses of the health education funding and why this budget insurance companies, that those com- care system. proposal continues to run contrary to panies that have effective mental So I think when you have the Joint what I believe is the fundamental com- health as well as physical health pro- Tax Committee talking about the cost, mitment of this Nation, which should grams actually see a reduction in the if we get to 1 million people, it will be in the area of education. outlays for the physical conditions be- cost $3 billion over a 10-year period. We can start off with the fact that cause of the programs that they have Here we are talking, at the outside, 40 just spending resources and money there that are available in mental million people. It raises some questions does not solve all of our Nation’s prob- health. Actually, it is going to save about what the cost would be. When lems, but it is a pretty clear indication money over a period of time. you have the Urban Institute talking what a nation’s priorities are all about. We have not been able to make that about what would happen in terms of I believe in education and I believe case in a convincing way, although I adverse selection and moving from that it is important that we continue am, frankly, convinced. I know Senator $1,500 to $2,500 in deductibility—this to make a strong investment in the WELLSTONE is convinced as well. But goes all the way to $5,000—I think you area of education and the young people we have the basis of a very strong indi- can say there is certainly some reason- of this country. If the programs are cation from a number of the insurance able kind of questions about who would faulty, we should correct them; if pro- companies. But we are too late in the become involved in this program, grams are successful, we ought to ex- session to have been able really to con- whether it would be, as many of us be- pand them. We ought to be in a period sider that. I regret it. lieve, the wealthiest and healthiest in- of constant review of many of these So I thought it made a good deal of dividuals. programs. sense that we have some kind of test of When you have the refusal of the in- We did have the opportunity in the the MSA’s, and we had advanced three surance companies that are involved in previous Congress to review a number different proposals. The White House this process making available to the of the programs—whether it was in the had advanced proposals. Those were ef- Academy of Actuaries the kinds of Head Start Program, title I, or Goals fectively dismissed. Then there were numbers—not the proprietary informa- 2000—to provide reforms and funding to proposals that were discussed last week tion —but just the numbers in terms of the local school level—90 percent of the by Republican leadership and then fur- markets and getting some kind of fair funding went to the local school level ther refined over the course of the evaluation of what is happening in the that could be used by parents, teach- weekend. industry and not only the particular ers, the business community to expand So there is where we are. One of the golden door industry, but others in- education and academic achievement— features I mentioned to the Senator volved in it, being turned down on that the School-to-Work Program which from Kansas is that the evaluation for issue raises questions. There have been was as a result of America’s Choice, an all these programs is going to be as a CBO studies, as well. I referred to those excellent report reviewing many of the result of the chairman of the Finance at other times, and I will not take the programs that were taking place in Committee and the chairman of the time to do so now. other parts of the world. Three-fourths S6070 CONGRESSIONAL RECORD — SENATE June 11, 1996 of the children who go to high school ference funding bills, education is one Madam President, I find this is a dan- do not continue on to college. That is of the first to get cut. gerous trend. It is complicated by the an extremely important area for this This is where we are in this resolu- fact that in this legislation we have set Nation if we want to both provide the tion, right on our way back down aside the billions of dollars for tax cuts opportunities for the young children of again. The Domenici amendment in- for wealthy individuals. That is what this country and also to ensure that creases education funding—though makes it completely unacceptable: we our country is going to be strong in the leaves it well below current funding— are cutting crucial education programs next century. and then $500 million were cut in con- in order to pay for the tax breaks for And then the Direct Loan Program, ference. the wealthy. That is intolerable. That the simplification of the efforts for We have to ask ourselves what is is wrong. That is unacceptable. young people. I see my friend and col- happening to the total number of stu- I see others on the floor who want to league, Senator SIMON, who was such a dents at this time. The number of stu- address this. I intended to speak about leader of that program over a period of dents was about 46 million in 1990 and the Medicare proposals, as well. I will years. will increase to 54.6 million by the year yield now and hope perhaps maybe I So we have here, Mr. President, the 2002. The student population is gradu- will get a few minutes tomorrow at the 1997 education funding in the Repub- ally increasing by 7 percent. Even with convenience of the floor managers to lican budget compared to a true freeze. a freeze at the current funding level, address the Senate briefly on that. This represents a compilation of all the you are falling behind, because you are That is an issue of enormous impor- discretionary education programs, not dealing with the expansion of the tance as well and should be addressed. those programs K through 12, and those student population and inflation. The Senator from Nebraska has been programs that go on to higher edu- Last year alone, it would have meant very kind in allocating time. cation. 100,000 additional teachers just to hold I yield the floor. If we go back to 1995, we will see the even, 50,000 for the makeup of those Mr. EXON. Madam President, I thank figure on this chart of about $39.5 bil- numbers of teachers that were being the Senator from Massachusetts for his lion. We heard a great deal as we went lost, and 50,000 more to take into con- excellent statement. There will be time on into 1996, ‘‘Let’s get back to 1995,’’ sideration the expansion of the school tomorrow if he wishes to get into the and there is this freeze of current fund- population. Medicare matter. We discussed that to ing. Let us look at what has actually That is something we have to under- some extent already, and I think we happened over this period of time. The stand. The school population for kids should be discussing it further. There total amount of budget authority in in grades K through 12 is gradually in- will be some time tomorrow, and I 1995 is $39.5 billion. creasing by 7 percent, and for college- would be delighted to yield whatever Then under the omnibus appropria- age youth it is increasing 12 percent. time the Senator from Massachusetts tions, that figure was reduced to $38.8. Do you think there is any effort in the wishes. Of course, even $38.8 billion, $700 mil- budget resolution conference report to I will shortly yield 15 minutes to the lion below fiscal year 1995, was only take into consideration the expansion Senator from Illinois who has been reached after a long fight to preserve of college students or expansion of stu- waiting patiently. However, I want to education funding. dent population in grades K through elaborate a little bit on what the Sen- It took a lot of shifting of funds to 12? Absolutely none, absolutely none. ator from Massachusetts has been say- get close to fiscal year 1995 in fiscal The President has talked about a 33- ing about projected growth costs fea- year 1996. A good deal of funds that percent increase in the Pell grants. turing education. The same thing is were uncommitted, or not spent, were This proposal would be a $6.7 billion re- true with Medicare, and the same thing spent in fiscal year 1996 to make up for duction over the period of time in the is true with Medicaid. the draconian cuts proposed to edu- Pell grants targeted to the neediest We have been bamboozled around cation—to get as close to the funding students over there. The list goes on here, I say to my friend from Massa- level of 1995 as possible. In April, edu- and on. chusetts and my friend from Illinois. cation was finally funded just about Mr. President, I speak for those who We have been bamboozled by the state- $700 million below fiscal year 1995. are committed, as I know many in this ments that an increase is a decrease Then we had the budget resolution body are committed, toward education. only in the Nation’s Capital. What we that was passed based on the so-called It is only fair to point out what this are talking about here are not in- freeze at $36.3 billion. Actually, this budget does to our commitment to the creases in education funding, net, or freeze does not take into account the young people in this country, for the increases in Medicare funding, net. addbacks made for fiscal year 1996 Head Start programs, the title I pro- What we are talking about is trying to alone, and leaves education funding grams, the math and science programs, disguise the honest dollar amount that $3.2 billion below fiscal year 1995. the new technology programs to try to keeps the level of the programs where The Senate budget resolution, with provide the best kind of new tech- they are today. Yet there has been a the Domenici amendment, added $5 bil- nology to our students in schools that hue and cry across the Nation that the lion to discretionary funding—of which train our teachers, to the school to Republican budget does not cut Medi- $1.7 billion was earmarked for edu- work program that tries to bring young care, it provides more money for Medi- cation—came right back up to $38 bil- people into the private sector to make care. It does provide more money for lion, still $1.5 billion below the 1995 sure they will get decent jobs, and then Medicare. The facts are it does not pro- level. Then the bill went to conference actually is phased out over a period of vide enough money to meet the real and $500 million more were lost—$500 time once those links and once those needs of the increased population, the million were lost in the conference. paths are created. longevity of senior citizens and more They added $1.2 billion to the original (Ms. SNOWE assumed the chair.) and more people who will rely on Medi- budget resolution, but cut $500 million Mr. KENNEDY. In the conference re- care. You can see it is not a cut in real from the Senate resolution. port, education is cut by 20 percent in dollars, but it is a cut in real needs and Every time we close the doors of ne- real terms from where we were in 1995. what the real costs will be for people gotiations on education funding, the I find that is highly unacceptable. who are depending on it. Therefore, it commitment to young Americans go When we had the chance to let the Sen- is a cut. We get all tied up with seman- down. It is only when we are out here ate, Republicans and Democrats, vote tics around here. on the floor of the U.S. Senate, when on these matters, we restored edu- Let me point this out. I had made we are battling in front of the public, cation funding. reference earlier, Madam President, to whether it has been on the various I see in the chair the distinguished the fact that Medicare costs were going votes Members remember—the Snowe- Senator from Maine, who has been a to outstrip what the Republican budget Simon amendments or the Specter- strong advocate for education and for provides for Medicare. An example: The Harkin amendment—that we restore meeting this Nation’s commitment projected rate of growth in private-sec- some of the funds. But once you close when we have the expansion of college tor health care costs over the period the office doors and begin to con- and K–12 populations. that we are talking about would be 7.1 June 11, 1996 CONGRESSIONAL RECORD — SENATE S6071 percent per person. Yet the Republican cuts taxes so much more. The $122 bil- get stability in other nations. But, pri- budget on a per-person basis allows lion that the chairman mentioned is marily, I want to talk about an area Medicare spending to grow only by 4.7 just the tip of the iceberg. The real ice- where Senator OLYMPIA SNOWE has pro- percent. Now, the difference between berg is much larger than that. The vided leadership, and I am grateful to the projected costs and the Republican chairman of the House Budget Commit- her for that, and that is in the area of budget is 34 percent. Yet the Repub- tee, JOHN KASICH, promises $180 billion education. We are now $4.4 billion from licans are saying their increase is rea- in tax breaks. where the President requested. We are sonable and provides more money. The chairman promised, ‘‘We would down $2.5 billion from where it was Plainly, Medicare spending will not have our own tax cut that we origi- when it passed the Senate. Now, every be keeping up with inflation in the Re- nally said we would have—that there study done of this country, every study publican budget when you consider will be a capital gains tax, that there for the State of Nebraska, or the State what the inflation is going to be in the will be a full child tax credit * * * and of Iowa, or the State of Maine, or the private sector and how many more peo- there will be a host of other tax relief State of Illinois, done by conservatives, ple are going to have to come into this measures.’’ liberals, you name it, every economist program. We are being bamboozled Who is kidding whom? I simply say says we are going to have to do better here, and the American public know that to keep honest, we have to be rea- in education. In higher education, we that, even if the U.S. Senate majority sonable. We have to recognize if you are ahead of other countries, but the does not want to address it. are going to provide massive tax cuts gap is narrowing. In elementary and I say also that the distinguished primarily to benefit the wealthiest secondary and preschool education, we chairman of the Budget Committee at- among us, something in the budget is are behind most of the other developed tributes the steep reductions in going to have to pay for it. That is es- nations. planned Medicare spending in his budg- sentially why, along with the other de- Among the 18 top industrial nations et to an effort to save Medicare. He ne- tails, that we will continue to oppose of the world, in terms of expenditures glects to note that the Republicans this Republican budget. for elementary and secondary, we are sought to reduce Medicare spending by I yield 15 minutes to my friend and 14th. There are some basic things we $270 billion even before last year’s Med- colleague from Illinois. ought to do. For example, I was able to icare trustees’ report came out. He also Mr. SIMON. Madam President, I get, in the last Elementary and Sec- neglects to mention that the Presi- thank my colleague from Nebraska. I ondary Education Act, a paltry $90 mil- dent’s budget guarantees the solvency see my colleague from Iowa here, and I lion—paltry in terms of its need—to of the Medicare trust fund through the will try not to use the whole 15 min- encourage schools, to give a little bit year 2005, without making the deep re- utes. of a carrot to schools to go longer than ductions planned in Medicare spending. I am going to join Senator EXON in 180 days. If you go to school in Japan, To back that up, Madam President, I opposing this budget resolution for sev- you go 243 days a year. In Germany, ask unanimous consent to have printed eral reasons. First, we have tax cuts in they go 240 days a year. When you go to in the RECORD a letter of May 9, 1996, here. Now, I recognize that leadership school in the United States, you go 180 addressed to myself, the ranking mi- of both parties is saying we ought to go days a year. Can we learn as much in nority member of the Committee on ahead with a tax cut. I do not think it 180 days as our friends in Germany, the Budget. makes any sense whatsoever when we Japan, and in other countries do with There being no objection, the mate- have a deficit. It is like when we say longer school years? Of course, we can- rial was ordered to be printed in the we are going to have a 7-year glidepath not. Why do we go 180 days? In theory, RECORD, as follows: to a balanced budget, but we are going it is so our children can go out and har- U.S. CONGRESS, to start off with a tax cut. That is like vest the crops. Well, I say to the Pre- CONGRESSIONAL BUDGET OFFICE, having a New Year’s resolution that siding Officer and my colleagues, I live Washington, DC, May 9, 1996. you are going to diet and then you at Route 1, Makanda, IL, population Hon. J. JAMES EXON, start off with a great big dessert. It is 402. Even in Makanda, IL, the young Ranking Minority Member, Committee on the not a very propitious way of doing it. Budget, U.S. Senate, Washington, DC. people do not go out and harvest the DEAR SENATOR: At your request, the Con- And both parties are saving the tough crops anymore. That was a different gressional Budget Office (CBO) has examined things, the tough decisions, to the end era. We have to adjust. If we just the effects of the Administration’s budgetary of the 7 years. That is why we need the moved from 180 days to 210, by the time proposals on the Hospital Insurance (HI) constitutional amendment for a bal- you finish 12th grade, that would be the trust fund. Under current law, the HI trust anced budget, in order to really move equivalent of 2 additional years of fund is projected to become insolvent in 2001. in that direction. school, and we would still be, in a CBO estimates that the Administration’s Second, in the area of defense, the major way, behind other countries. proposals would postpone this date to 2005. Sincerely, conference is $11.3 billion over what the But Senator KENNEDY made the point JUNE E. O’NEILL, Pentagon requested. No other agency a few minutes ago that when you look Director. gets more than they request, but the at these cuts, what you have to look Mr. EXON. I drive home the point Defense Department does. I think it is at, also, is the growth in student popu- that the President is looking at this re- unrealistic. Let us compare it to the lation. And so it is doubly devastating. alistically and should not be put down next function, function 150, inter- I remember visiting a Head Start Pro- for that effort. national affairs. The United States, in gram, and almost all Head Start Pro- One more thing, and then I will yield terms of our budget, is behind every grams have waiting lists, in Rock Is- to my friend from Illinois. The chair- country in Western Europe and Japan land, IL. On Monday morning, one man of the committee complains about in terms of the percentage of our budg- group of kids come in; on Tuesday how steep the cuts in domestic discre- et that we now use to help in foreign morning, a second group comes in; on tionary programs are in the President’s economic assistance—behind every Wednesday morning, a third group budget. Yes, it is true the President one. But we are ahead of every one in comes in, and so on. I asked the woman does achieve substantial savings from the percentage of our budget that we in charge, ‘‘What if you could have discretionary spending, but the Presi- put in defense. these children here 5 days a week?’’ dent still maintains these domestic in- Frankly, what other countries ques- She smiled and said, ‘‘You cannot be- vestments at a rate of $60 billion high- tion about us in the area of the mili- lieve the difference it would make in er than the Republican budget in the tary and in the area of foreign affairs is their lives.’’ We are not doing it, and year 2002. If the chairman believes that not our weapons systems, but our back- we save money with a budget like this? the President’s cuts are steep, then the bone. A few people are killed in Soma- You save money like building a house chairman would also have to agree that lia and we get out. In Bosnia, we make and you do not put a roof on it. Very, the cuts that he is endorsing in his par- speeches for a long time before we do very shortsighted. ticular budget are absolutely fatal. anything. We make great speeches on prisons in The difference between the two budg- The budget, I think, is unrealistic in this body. Oh, I have heard speeches ets is that the Republican budget also terms of international need and how we about crime and how we put people in S6072 CONGRESSIONAL RECORD — SENATE June 11, 1996 prison and everything. Eighty-two per- protect my colleagues is to say that As a consequence, we decided to walk cent of the people in our prisons and why do we not temporarily go off of the down a path that encouraged people, jails are high school dropouts. You budget to allow the Senator from Iowa young people especially, to believe that should not have to be an Einstein to and Senator SMITH to proceed as they drugs were okay. The result was the de figure out that maybe if we invested a see fit. If, when they have finished, we facto legalization of drugs in this coun- little more in education, we would not do not have any more speakers, we can try. It was a vast social experiment have to put so many people into prison, put the budget debate over until to- based on wholly foolish notions about and maybe we would be a much better morrow. the dangers of large-scale drug use and country if we did. That is the kind of I ask unanimous consent that we its anticipated consequences. It relied thing we ought to do. temporarily go off the budget matter on creating in the mind’s eye some This budget takes a step backward in before us and allow the two Senators mythical drug user of heroic propor- the field of education, rather than a on the Republican side, who wish to ad- tions, an everyman, someone who could step forward. I am not going to be dress other matters, to be able to pro- use drugs with no ill affects, someone around here next year, and my good ceed as in morning business, if that is whose mind and consciousness would friend from Nebraska is not going to be their request. expand to include new horizons of en- around here next year. I hope that who- The PRESIDING OFFICER. Without lightenment, someone who would be a ever sits in this body will listen to the objection, it is so ordered. better citizen. It was a form of a collec- Presiding Officer when she stands on The Senator from Iowa is recognized. tive delusion. We found that the path this floor and says that we have to do f we had chosen led to a dead end. better in the field of education, as she In the space of a few years, we went THE ROAD NOT TAKEN: DRUG has done many times. And while it is from having virtually no drug problem POLICY AND LEADERSHIP true you are not going to solve prob- to having over 70 million people who lems by just throwing money at them, Mr. GRASSLEY. Madam President, I had tried drugs and at least 6 million I do not hear that same argument used have spoken a number of times, last addicts. When you stop to consider in the Defense Department. And while year and this year, on the need for a that the vast majority of those addicts money alone is not going to solve the sound drug policy. We have entered a came from among kids, then the scale problem in the field of education, with- time, of course, when more teenagers of the disaster becomes more apparent. out additional resources, we are not are using drugs. It is a very serious We had an explosion of emergency going to solve the problem. problem. When more teenagers see no room admissions and a plague of drug- That is the simple reality. We ought serious harm or wrong in using drugs, related deaths and violence. In the very to be asking how do we build a better it seems to me that we cannot simply years that we stopped enforcing drug America as we put a budget together. accept these facts in silence. We need laws we saw a corresponding explosion When you ask that question, I think to ask ourselves if we are prepared to in violent and property crimes. It is you will come to the conclusion that see a repeat of the drug epidemic of the not wholly a coincidence that the ex- we ought to be doing more in the field late 1960’s and 1970’s that claimed so plosion in drug use also accompanied of education. many lives. It was an epidemic that de- the explosion in crime throughout I yield the balance of my time back stroyed so many young people and, of America. It is no coincidence that the to the Senator from Nebraska. course, it brought a cycle of enduring devastation of our inner cities, already Mr. EXON. Madam President, I am pain to their respective families. suffering a host of problems, was a not sure we have any more speakers. Of course, I do not believe that we product of crack. We may have some more. I note that can afford to remain silent. It is not a We learned, the hard way, that there Senator GRASSLEY is waiting. I have responsible policy to be silent. It cer- was no heroic individual drug user. talked with him, and he is not going to tainly is not effective leadership to There were just people. Ordinary peo- talk on the budget per se. I simply in- preside over a repeat of what we know ple. Most of them kids. We found that quire of the Republican side, are there to have been a social disaster of epic they listened to what adults said. We any other speakers on the budget? Sen- proportions. To today’s ears, this may found, to our sorrow, that drugs ator GRASSLEY has another subject he sound like exaggeration, but a brief re- worked. We discovered that when you would like to address as in morning minder might serve to make the mem- make drugs widely appealing in large business. Senator SMITH is on the floor. ory fresh in our thinking. quantities at affordable prices more Is he here to talk about the budget or Before the 1960’s, we had virtually no people will use drugs. Being a commer- another matter? major problems in this country with il- cial and trading people, this should not Mr. SMITH. Madam President, I am legal drug use. Then, beginning in the have been a surprise, but under the here to talk about Senator DOLE when mid 1960’s, the notion became current spell of the drug culture, we ignored the Senator is finished on the budget that drug use was not so bad, that our experience. matter. drugs were your friend. It became com- We learned, to our profound regret, Mr. EXON. All right. I will just pose mon to hear the refrain that drug use that dangerous drugs were illegal for a a question to the leadership on that was a personal choice that did no harm reason. We learned that they were ille- side of the aisle. Since there are other to anyone. That drugs could be used re- gal because they were dangerous, not Senators wishing to proceed on other sponsibly. That making drugs legal dangerous because they were illegal. matters, maybe we could close down would end crime. We learned that increased use leads to the debate on the budget and proceed Hollywood picked up this theme and more addiction and to all of the collec- as in morning business. replayed it in countless movies. Music tive woes that come with it. We Mr. GRASSLEY. If the Senator will and cultural leaders made drugs fash- learned these lessons because we ig- yield, I had a discussion with Senator ionable and exciting. Even government nored reality. we disparaged common DOMENICI on that point. He asked me if got into the act. By the mid and late sense. And we paid the price. I was going to be here. It was his un- 1970’s, a number of States had decrimi- The first people to recognize the true derstanding on our side of the aisle nalized marijuana use and lowered the extent of the consequences were par- that there was no more reason to drinking age to 18. Federal authorities ents. It was not some mythical Every- speak. He spoke of two or three people began to talk about responsible drug man that was using drugs, it was their on your side of the aisle. When that use. Government experts accepted the kids. In alarming numbers. Parents was done, he figured that the debate on notion that cocaine was not addictive. began to fight back. In doing so, they the budget was done for today. That marijuana use did not lead to so- enlisted the government. Finally, be- Mr. EXON. Well, I have just been called harder drugs. As the chorus on ginning in the early 1980’s, we made ex- handed a note that Senator LAUTEN- the wonders of drugs increased, dis- traordinary strides in reducing use. BERG is on the way over. I would like to senting voices were drowned out. Con- That meant we got more kids to just close off debate on the budget, if I trary opinions were overruled as say no to drugs. Remember that might. I do not want to cut people off. unenlightened holdovers of a repressive phrase? It may have been laughed at by I guess the best thing for me to do to past that had to be dismissed. some, but it worked. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6073 We still had the horrible legacy of working. It is important to examine You can actually count on your fin- our misdirected and ill-informed past, the record of the administration’s drug gers on one hand the number of times but we made real strides in reducing policy and what seems to be happening the President mentioned drugs in the use. By the earlier 1990’s, we had a with the drug problem. We need to re- first 3 years of his administration. We comprehensive strategy that addressed mind ourselves of where we were and need to ask ourselves if this silence both supply and demand. We had suc- the road we took to get where we are was accidental, was an oversight, or ceeded in persuading rising generations now. I have been detailing this issue in was a matter of deliberate policy. Even of young people that drug use was both the past. The last time I did it was just a policy defined by an absence of mind, dangerous and wrong. Except for hard- before the Memorial Day recess. At however, is still a policy. And, of core addicts—our legacy from accept- that time, an esteemed colleague of course, as we all know, choices have ing the lie that drugs are OK—we were mine asserted that I was using my re- consequences. winning the struggle against drugs. marks to play politics in an election Taken together, these decisions rep- Then, somewhere, somehow, we lost year. resent more than just a minor restruc- our way. I do not want to question my col- turing of programs that were working. Somewhere, the silence set in. We re- league’s motives for raising that par- Even though spending on counter drug placed ‘‘Just Say No’’ with ‘‘Just Say ticular concern. I trust that her re- efforts remained fairly steady, there Nothing.’’ We came to a crossroads and marks on the administration’s records was a significant shift in emphasis. took a wrong turn. We have seen the were made because she is concerned as There was a very significant dropoff in consequences. In the past several well as I am with the issue and not rhetoric about the drug problem, and years, drug use among kids is on the with the circumstances. Certainly, in there was a significant decline in inter- rise. More seriously, their attitudes sponsoring very recently a legislative diction and enforcement efforts. These about the dangers of drugs are chang- initiative that addressed a Clinton ad- have been documented in a number of ing—for the worse. An increasing num- ministration policy of letting drug news reports, a number of congres- ber of kids no longer see drug use as smugglers go, she herself is aware of sional studies, and even in information dangerous or wrong. Moreover, to fill some of the shortcomings of that provided by this administration. the silence, the tragic chorus of legal- record. Unfortunately, in her remarks Leading Democrats and Republicans ization has returned. Once again the after I made my remarks that day 2 in the last several years have also airwaves are filled with the sounds of weeks ago, she did not address many of noted the silence from the President on the wonders of drug use. Once again we the issues that I raised. In addition, the drug issue. Their conclusion was are assured that drug use is a personal she, too, seems to have found it dif- that the bully pulpit lost its chief rep- choice that harms no one. Once again ficult to set the record straight based resentative. we are told that enforcing our laws are on the record. Many of her remarks Unfortunately, as this silence pro- the cause of our problems. Once again dealt with administration initiatives gressed, the voices for legalization of we hear the refrains of drugs are OK. that are only indirectly concerned with drugs gathered steam. Silence at the The question we ought to be asking drug policy. White House, a maddening echo around ourselves, is how, after all the progress It is, therefore, useful to review the the issue for legalization. we were making, do we find ourselves record of both actions and words that Not since the 1970’s have we seen this back where we began? How is what we took us down the path that we are on much voice, this much effort about the are doing today different from just a today, in other words, the path that clamor to make drugs more widely few years ago? Are we doing anything changed dramatically from the 1980’s available. And, disturbingly, the re- different? No matter what road you fol- up until about 1991 or 1992. newed call for drug legalization comes low to get to the answers to these ques- Here we can see three major dif- first from within the administration it- tions, it seems to me, that you come ference in present policy from our ear- self. It came from no less a person than back to the same crossroads. We need lier successful efforts. First, at the be- the Surgeon General of the United to retrace our steps, to put our feet ginning of the Clinton administration, States, a position that carries great back on the right road. we saw a decision to lower the profile moral weight and an opportunity to Examining recent drug policy and ef- of the drug czar’s office. That was ac- lead. forts from the 1980’s and early 1990’s, complished by firing over 80 percent of At the time, the startling remarks of several major differences emerge. To- the staff in the first weeks of the new Joycelyn Elders may have received day’s drug strategy funding is quite administration and by appointing a no- only a minor rebuke from the White similar to its immediate predecessor. profile drug czar. We should ask our- House. Whatever might have been said After the initial major increases in selves if that decision tells us anything or done to counter the efforts of the Federal drug funding in the first years about the intent of a new administra- Surgeon General’s remarks remain un- of the Bush administration, the budget tion. said. Oh, yes, I know she was fired, but to fight the drug war has increased on Second, we saw a decision by this ad- the rest, as they say, is history. average about 5 to 6 percent per year. ministration to shift the counter drug Now, if choices have consequences This rate of increase holds true for efforts away from interdiction and en- and if policies have purposes, we should both Democratic- and Republican-con- forcement to treatment. This was, in ask ourselves what we see as a result of trolled Congresses. So, if funding has fact, an upfront announced policy of these choices and policies of recent been fairly consistent, we need to look this administration. It would seem to years. Here is the current record. elsewhere for the changes in policy tell us something about priorities and After a decade of decline in drug use, that might account for the dramatic about desired outcomes. The con- we see startling new figures of return- changes in our domestic drug situation sequences of that decision have been a ing use of drugs. Every survey, includ- in the past 3 years. When we look at steady decline in our interdiction ef- ing the most recent hospital emer- the problem from this perspective, forts and a decline in prosecutions of gency room studies released just last what we see as the major changes come major drug offenders. It would seem we week, show a returning drug problem. not in money but in emphasis. Empha- are getting what we should have ex- Teenage use is on the rise. Teenage at- sis on how the money is spent, and on pected. titudes about the dangers of drug use the public posture of the administra- Third, we saw a decision by the have changed for the worse. Emergency tion on the drug issue. President to absent himself from the room admissions are rising. Calls for Now, we need to ask ourselves if we drug issue. In this regard, I have noted drug legalization and efforts to accom- intend to accomplish anything by the the need for clear, consistent leader- plish it abound. policies we pursue. If we do, then we ship on this issue, but a number of our The bottom line is that more kids are ought to be able to look at the results colleagues, both Democrat and Repub- starting to use drugs. Presumably, and draw some conclusions about lican, have noted a deafening silence in these outcomes were not the intent of whether our efforts are producing the the past, coming from the White House the policies stated or left unstated, as results we want. If they aren’t, then we on the issue of drugs. This is in sharp I have mentioned. If that is true, then might conclude that something isn’t contrast to previous administrations. we are drawn to the conclusion that S6074 CONGRESSIONAL RECORD — SENATE June 11, 1996 these efforts are either a failure or, at er, Senator Bob DOLE, who, as we all In all the tough battles we have here, least, ineffective, and we have some know, is leaving the Senate today, he still finds that humor, which has al- further evidence that this view is June 11, 1996. ways been a remarkable characteristic. shared by the administration. As a former history teacher, I could So he is leaving the Senate. But he In the last several months of an elec- not help but sense the historical sig- left today after that speech with the tion year, the administration has nificance of this day. It really was a longest applause that I have ever seen changed its course very dramatically flashback to the old days of the great given anyone in this Chamber or in the on drug policy. The President has oratory that took place on the Senate House Chamber. I have seen Presidents named a new high-profile drug czar. He floor, with the likes of Calhoun and when we have gone to the State of the has agreed to restore the personnel, Clay and others, when Bob DOLE took Union—great Presidents—receive a lot that 80 percent cut I spoke about that the podium that he so many times has of ovations. I have never seen anybody came in 1993 in the drug office, to re- stood at and addressed the U.S. Senate. receive a longer ovation than BOB DOLE store that personnel. We have given the You could hear a pin drop in the Cham- received here today, and that is a trib- money to do that. He has agreed to ber and in the gallery, not always the ute to this great man who was elected beef up spending on interdiction and case here on the Senate floor, with a to the House of Representatives where, enforcement, and he has made himself lot of hustling and bustling and talking Madam President, you and I both more visible on the drug issue. and people not paying attention. served together. He was elected in 1960 These changes may smack of an elec- That was not the case today. Senator and served four terms in the House be- tion-year conversion, but they cor- BOB DOLE took that podium, addressed fore he was elected to the U.S. Senate, respond exactly to the problems in the the country, the Chair, his colleagues which really has come to be, the past policies that I noted earlier. They seem and friends, many, many staff in the 27 years, his home. to indicate an awareness of a problem. galleries, and the Chamber was hushed But he gave nearly 36 years of service I leave it to others to determine wheth- and quiet and everybody was listen- to the State of Kansas and to the peo- er this shift is too little, too late. I ing—as well they should, Madam Presi- ple of the United States of America. leave it to others to decide whether the dent, because when the history books When you think about that many years shift is as a result of political conven- are written, they will write about the of public service and reflect on the fact ience in an election year. But what we great Senators who have occupied this there is not one word or taint of scan- all need to know and remember is that Chamber: Henry Clay, John C. Cal- dal in any way, shape, or form, an un- when it comes to drugs, we find our- houn, Bob La Follette, Robert Taft blemished, perfect political record, it is selves back in a familiar and dangerous and, yes, Daniel Webster. Daniel Web- remarkable. neighborhood. We took a wrong turn ster used this very desk, Madam Presi- He served his country and the Senate and have ended up on a dead-end street. dent, that I now have the privilege of and the people with humor, with hu- We have been here before, and we can- speaking from. mility, and we will never forget him. not afford to stick around a dead-end It reminds me that we are just a brief His wife, Elizabeth, who has been by street. blip on the radar screen of time; here his side for so many years, is such a I yield the floor. for only an instant. But BOB DOLE is gracious woman and such an asset to The PRESIDING OFFICER. The Sen- one of the great ones, and he will be re- BOB DOLE. Those who serve here know ator from Nebraska. membered as one of the great ones. how important the support of your Mr. EXON. Madam President, if I un- As a history student, I tried to catch family is as you put in the long, long derstand the parliamentary situation, a sense of what was happening. I hours that we have to endure in the we went, temporarily, off the budget looked at faces, watched people in this Senate. resolution so the Senator could speak Chamber, as I watched, at the same BOB DOLE said today in his remarks, as in morning business. Is that correct? time, Senator DOLE. Without singling ‘‘My word is my bond.’’ That is what it The PRESIDING OFFICER. That is anybody out by name, I could not help is all about. It is character. It is integ- correct. but notice one page, a young lady, rity and character. If you leave here, f standing here on the floor of the Cham- the legacy you leave, if no one says ber during that speech and after the anything about you other than when he UNANIMOUS CONSENT speech with tears running down her gave his word he kept it, you cannot do AGREEMENT cheeks. It really was a very moving any better than that. Mr. EXON. I have cleared this on tribute to the kind of person BOB DOLE I tried to think about what I might both sides of the aisle. Following the is, because he commands the respect of say here as my tribute in my own way, remarks by the Senator from New not only his colleagues but every single because so many people have so many Hampshire, I ask unanimous consent man, woman, youngster, page. He could wonderful things to say about this that we return to the budget resolu- talk to a page as easily as he could great man. I just want to share a cou- tion, and I yield 15 minutes at that talk to a President or world leader. ple of personal things, because they are juncture to the Senator from New Jer- That is what makes him such a great important to me and I think it cap- sey. man. tures my feeling about BOB DOLE. Following the completion of the 15 Today, he left the Senate to move on I come from a military family. My minutes of the Senator from New Jer- to other things. I remember many emo- father served in World War II as a sey, I ask unanimous consent that the tional private goodbyes that he shared naval aviator and was killed at the end remainder of time on both sides on the with his colleagues. I remember when of the war, leaving my mother as a budget resolution be retained and set we had the meeting when he told us he widow to raise my brother and me. She over until tomorrow, and that there be was leaving. Most of us did not expect did that alone. I lost my dad, as I say, no further action following the re- him to do it. If we were honest, we in World War II, and BOB DOLE nearly marks to be offered by the Senator would say we did not expect him to say lost his life in that same war. Severely from New Jersey. that. We thought he might leave the injured, he had to fight his way back, The PRESIDING OFFICER. Without leadership post but not the Senate. But not only from the brink of death but objection, it is so ordered. when he did it, and the way he told us, after that, paralysis, and became a U.S. Mr. EXON. I thank the Chair. we knew it was the right thing. We Senator. The PRESIDING OFFICER. The Sen- knew it was right, because he needed to But we, the sons and daughters of ator from New Hampshire. be out there debating, not other Sen- that generation, those of us who had f ators on the floor of the Senate, but parents who were in that war, World the President of the United States for War II, we know, we are grateful. Per- TRIBUTE TO MY FRIEND, the Presidency. We all knew that. haps we know and are a little bit more SENATOR BOB DOLE Today, I think you saw with the type grateful than others for what they did Mr. SMITH. Madam President, today of speech that BOB DOLE gave the kind and the sacrifices they made and how I rise to join so many of my colleagues of person he is: humble, gracious, and important they were to save the world in a tribute to my friend and my lead- humorous, that great sense of humor. from tyranny. It took heroes like BOB June 11, 1996 CONGRESSIONAL RECORD — SENATE S6075

DOLE—and he was a hero, he is a hero afterwards and said, ‘‘Did Senator me, ‘‘You know, my Elizabeth would —it took heroes like BOB DOLE to make DOLE know your parents?’’ I said, ‘‘I really like to go water-skiing. But we that happen. We owe him, and thou- think he did. I really think he did.’’ would really not like to have a crowd sands of others like him, a huge debt of So holding BOB DOLE in the esteem I around. Could you arrange that so that gratitude for their service and their do, I was honored that only 8 months we didn’t have to have a bunch of peo- sacrifice to our country, because when into my first term in the Senate, Sen- ple with cameras so she could relax and the call came, they stepped up and ator DOLE selected me to be vice chair- enjoy herself?’’ And we did. She is a they stopped tyranny. man of the Senate Select Committee great water-skier, too. So BOB DOLE did not get here the on POW/MIA Affairs. It was a great So, Madam President, I join my col- easy way. We hear a lot of stories honor for me to serve in that capacity. leagues in saying farewell, but not about how everybody in the Senate is I shall always be grateful to BOB DOLE goodbye, to BOB DOLE. The last thing I rich and everybody gets here the easy for giving me that opportunity. Of said to Senator BOB DOLE on the floor way and you live this great life, but course, he also selected me for the Eth- of the Senate, as I shook his hand after BOB DOLE made it the hard way. You ics Committee, and I may hold that his remarks, was, ‘‘I’ll see you at your cannot help but admire and respect a against him for a little while. swearing in for President on the West man like that. But, Madam President, in 1994, I had Front of the Capitol on January 20, I turned to him in 1993 to be a part of another moving experience. I attended 1997.’’ He said, ‘‘I’ll be there.’’ I said, ‘‘I one of the most personal and meaning- the 50th anniversary commemoration know you will, Mr. President.’’ I have ful experiences of my entire life, and I of D-day at Normandy. I saw there a been proud to serve with BOB DOLE in want to share that with my colleagues sight that I will never ever forget. My the U.S. Senate. I will be prouder still and with the American people. wife Mary Jo and I went, and BOB DOLE next year to fight as a Senator to help When my father died in 1945, it was 2 went as well. He retraced his steps in President BOB DOLE pass the agenda days before my fourth birthday, so I Italy. To see him there back with those that he dreams about for America. only have two memories of my dad. My people who helped to save his life, and Thank you, Madam President. brother has no memories of our dad, to walk those hills where he was Madam President, I ask unanimous because he was less than a year old. I wounded, and then to go to Normandy consent that the letter that Senator had always wanted to have my father after he left Italy, to the beaches of DOLE read at my parents’ funeral be buried at Arlington, but I never wanted Normandy with those rows and rows printed in the RECORD. to bring that subject up with my moth- and rows of crosses, and to think of the There being no objection, the mate- er because he was not buried at Arling- sacrifices, and men in wheelchairs, rial was ordered to be printed in the ton and I did not want to put my moth- men with lost limbs, hugging, saluting RECORD, as follows: er through that experience of having this man—it was a great honor just to A TRIBUTE TO LT. COMMANDER DONALD his remains moved from where he was be there for the celebration of Nor- SMITH AND MARGARET ELDRIDGE buried in New Jersey to come here to mandy, but to be there in the company SMITH, ARLINGTON NATIONAL CEME- Arlington where I believe he would of BOB DOLE, I shall always be grateful TERY, BY SENATOR BOB DOLE, MAY 24, have liked to have been laid to rest. So to Senator DOLE for giving me that op- 1993 I put it off. portunity. I have never seen such admi- Members and friends of the Smith family; Then in May 1993, my mother passed ration, gratitude, respect, and love as I never knew Lt. Commander Donald Smith, there was for that man. They loved but we shared a great deal in common. away. She used to say she was a one- We were of the same generation. We served man woman, and she was. She never re- him. They absolutely loved him. Another just little thing, but last together in World War II—he flew the skies married after she lost my dad. But she summer I had two young interns, just of the Pacific, and I walked the hills of Italy. always would go by the cemetery and And since I’m from Kansas, I note with pride college kids, Jennifer Kilgus and Greg she would say, ‘‘Put me there with him that Lt. Commander Smith served aboard Annis. They were walking down the so that we can be together forever.’’ the U.S.S. Wichita. When I made the decision to bury my corridor of the Capitol, just taking a The author Herman Wouk wrote that ‘‘If parents—both of them—at Arlington walk. They decided to stop in to the America is still the great beacon in dense majority leader’s office just to say gloom—then we still need heroes to stand National Cemetery in May 1993, I asked they went in there, hoping maybe they guard in the night.’’ Senator DOLE if he would have the Like so many others before and after him, might have the chance to meet BOB time to come and give a few remarks at Lt. Commander Donald Smith stood guard in DOLE. that service. Within a matter of min- the night. And like so many others, he made Not only did he agree to see them the ultimate sacrifice. utes, the response came back: ‘‘Of with no appointment, but in the midst course.’’ He was and he is an American hero, and it of a very busy schedule he spent 15 is very fitting that he has been brought here, I asked BOB DOLE to say just a few minutes talking to them, two young this final resting place of American heroes. words. I listened as this man made con- interns in his office, giving them the There is another name we add today to the nections to my parents that I just thrill of their lives. That is the kind of list of heroes at Arlington. The name of Mar- could not believe anyone could do so man BOB DOLE is. That is why there garet Eldridge Smith. spontaneously. He did not know my were tears in the eyes of that page Throughout our history, as American sol- mother. He did not know my father. diers have ‘‘stood guard in the night,’’ their when BOB DOLE said he was leaving. family members have ‘‘stood guard’’ here at But I listened to BOB DOLE say very Finally, Madam President, as the movingly of how my father had stood home, supporting their country and their senior Senator from New Hampshire, I military in countless ways. guard in the night and how he had cannot help but note that somehow When Margaret Eldridge married Donald made the ultimate sacrifice. I listened BOB DOLE has managed to spend quite Smith, she did so knowing there would be as he spoke of how my mother had a bit of time in New Hampshire over times when they would be separated by miles stood guard here at home when my fa- the past few years. He lost a tough pri- of land and ocean. ther went away to war. I listened, mary in New Hampshire but went She also knew that the time might come, as it did in 1945, when they would be sepa- Madam President, and I knew how across the Nation with a stunning se- proud my father and mother were, rated by more than just territorial limits. ries of smashing primary victories as And for the past half century, Margaret looking down from Heaven to see this he won the Republican nomination for Smith honored her husband and her country American hero, BOB DOLE, speaking at President. Gracious in defeat and gra- by continuing to stand guard. their memorial service in Arlington cious in victory. She raised a family on her own, bringing National Cemetery. He has been to New Hampshire just up two fine sons who would both serve their He even made the connection my dad to enjoy its beautiful lakes and moun- country in the military and in government. served on the U.S.S. Wichita,. He said, tains and countrysides. Perhaps, She, too, is an American hero. ‘‘Any man who would serve on the I am very honored to be here this after- Madam President, you never know, noon, as these two heroes are reunited for- U.S.S. Wichita,, named after a city in there might even be a summer White ever, and the best way we can honor them is Kansas, had to be a great man.’’ He House in New Hampshire someplace. to continue to love freedom, to love our made that ceremony so personal that Final anecdote. I remember Senator country, and to always ‘‘stand guard through many of my relatives came up to me DOLE, I believe 2 years ago, saying to the night.’’ S6076 CONGRESSIONAL RECORD — SENATE June 11, 1996

Mr. LAUTENBERG addressed the we will miss BOB DOLE. We will miss We are here to provide help and vi- Chair. his experience and we will miss his wis- sion for our people in the next century. The PRESIDING OFFICER. The Sen- dom. I wish him well—not quite as well Simply, we are here to protect our citi- ator from New Jersey. as the Senator from New Hampshire, zens’ life quality, to protect our econ- Mr. LAUTENBERG. I thank you, but that is in terms of the upcoming omy, to protect our Nation, to protect Madam President, for recognizing me Presidential election—I wish him, per- our society. This budget does not ac- for some comments on the budget rec- sonally, well and I wish him and his complish those objectives. It will hurt onciliation. family many good years of enjoyment those aspirations. f and good health. Madam President, unfortunately, TRIBUTE TO BOB DOLE f some in the other party believe Gov- ernment is evil. I say this because a Mr. LAUTENBERG. Madam Presi- CONCURRENT RESOLUTION ON very distinguished Republican, a Re- dent, I will take just a couple of min- THE BUDGET FOR FISCAL YEAR publican House Member told a very dis- utes beyond that which was allocated 1997—CONFERENCE REPORT tinguished Congressman, Congressman to me by the Senator from Nebraska to Mr. LAUTENBERG. Madam Presi- HENRY HYDE, as I read from the report, say that I, too, listened very intently dent, if I may now take the time allot- ‘‘I trust Hamas,’’ this person said, to Senator DOLE’s remarks today. I was ted to me by the Senator from Ne- ‘‘more than I trust my own Govern- touched and moved by them. braska, I want to talk about the con- ment.’’ Hamas—a terrorist organiza- I will not go into his record, and I ference report on the budget resolu- tion with programs designed to kill in- will not go to any length, but I want to tion, this budget that makes such deep nocent people, men, women, and chil- say that BOB DOLE is someone whom I cuts in Medicare, Medicaid, education, have admired over the years, with dren. What an odious comparison. and the environment. My view is we whom I have worked very smoothly. Madam President, what government is ought to reject it and start over. this person talking about? Could it be When he said it, he meant it. When he Before I make specific comments meant it, he said it. That is the way he the American Government? Our demo- about the budget, I want to frame it in cratically elected Government? operated. terms of the historical perspective. The He is part of a generation, of which I Excluding net interest, two-thirds of Federal budget over the last 15 years, also am, and that is the generation of the Federal Government is Social Se- what has happened with it? The fiscal World War II veterans, a dwindling curity, Medicare, Medicaid, veterans records of Presidents Clinton, Bush, group, I regret to say. This year we benefits, and national defense. These will see several leave because, in addi- and Reagan could not be more dif- are the major programs of our Federal ferent. Over a 12-year-period, the tion to Senator BOB DOLE, Senator Government. I repeat, Social Security, Reagan and Bush administrations in- HATFIELD, and Senator HEFLIN will Medicare, Medicaid, veterans, national leave, and the group tightens and curred $2.3 trillion of debt. In fact, if defense. Are these evil programs? Are shrinks. It is not a very pleasant pros- we did not have to pay the interest on they equivalent to Hamas terrorist at- pect to contemplate. But, nevertheless, the debt racked up in these 12 years, tacks? I do not get the connection, but it is a decided loss to take away the ex- the budget would be in balance this I resent, terribly, the words that are perience, the knowledge, the reflection year. Not once did President Reagan or used. Whatever one thinks about mis- of those who served in World War II at President Bush propose a balanced takes or poor performance of our Gov- a time when America was a much dif- budget. ernment, this Government and this ferent place, at a time when the values Fortunately, President Clinton’s 4- country can never be compared to a were established by tightly knit fami- year record is much different. Presi- terrorist organization. lies, by those who worried about the dent Clinton promised change in 1992 Madam President, the question is no loss of a loved one or the injury of a and he has produced it. Consider the longer whether we will balance the family member in the war. It was a following: The deficit has gone down budget. The question is, how? Who will huge war with somewhere around 14, 15 for 4 straight years. The revised deficit win in programs that are in place? Who million people from our country in uni- figure for the fiscal 1996 year is now will lose if programs are canceled? Fi- form. It touched every family in Amer- $130 billion—by no means a modest fig- nally, whose side is Government on? ica. There was not a family that did ure, but substantially down from where President Clinton has laid out the not have close contact with that war. it was 4 years ago. It is 1.8 percent of right way to balance the budget. His We were also the generation that our gross domestic product. That is the budget reaches balance within 6 years, benefited enormously—enormously— lowest percentage of any industrialized as documented by CBO, but unlike the from an educational program called country. For example, Japan’s deficit Republican version the President’s the GI bill that was afforded to people is more than 3 percent of its GDP; Brit- budget, protects Medicare, Medicaid, like me and many others who serve ain, the U.K., is 7 percent of its GDP; education, and the environment, and it here, where it changed our lives. The Italy’s percentage of debt is 9 percent does not increase taxes on working military experience was one thing. I of GDP. families. The President’s budget not served in World War II, not under the Finally, President Clinton is the first only protects 37 million senior citizens same level of danger that Senator DOLE President to put forward a balanced from deep Medicare cuts contained in or Senator INOUYE served, but people in budget proposal in a full generation. this budget, but it will also, despite re- my unit were killed. It changed our Madam President, budgets are more ports to the contrary in recent days, it lives because of the experience of the than just numbers. A budget is a state- will also make the Medicare trust fund war, the fear, the danger, the detach- ment of values. We are not accountants solvent until the year 2005. It preserves ment from family. When I enlisted in sent to Washington to only crunch the guarantee of Medicaid for 36 mil- World War II, my father was already on numbers. We are here to respond to our lion seniors and disabled persons who his death bed, a man of just 43 years of people’s needs for health security, for rely on those programs. It protects our age. And a family of four became a seniors on Medicare, and Medicaid for Nation’s environment by ensuring full family of two virtually overnight. those who have only that program to funding for the implementation of the But the experience of serving my provide for their health needs. major environmental programs like country, the opportunity to do so, the We are here to encourage educational clean air, clean water, and toxic waste opportunity to get an education, is opportunities for our young people. We cleanups. It makes critical invest- something that ought to be firmly im- are here to be stewards of the environ- ments in education and training, it planted in everybody’s mind in this ment so that the next generation can provides increased funding for pro- place and in this country, where an enjoy clean water, clean air, my grand- grams like Head Start, title I, and safe education can change one’s life, as it children will know about fish in the and drug-free schools. did, I know for so many of my col- water, and not be afraid to go to a tap Finally, the President’s budget main- leagues. Certainly, it did for me. to take a drink of water, or will not tains the earned-income tax credit, Without giving a personal biography, have to be told to stay out of the air which provides tax relief for working that is not my intent, just to say that when playing games or exercising. families who earn less than $28,000 a June 11, 1996 CONGRESSIONAL RECORD — SENATE S6077 year. It allows them to maintain their Both Paul Eaton and I came to reside into the RECORD the balanced budget family needs for basic essentials, for in the foothills of the Catskills as amendment proposals as introduced, in sustenance. adults. Paul came to practice law in order to claim the Senate voted on The Republican budget is much dif- the early 1930’s. And Liz and I bought identical proposals. However, both res- ferent. It is punitive to working fami- our farm in the early 1960’s. And we olutions were subsequently amended in lies and senior citizens. In reality, this have all stayed. The beauty of the different ways. The 1994 resolution was budget resolution ought to be entitled place and the welcoming nature of its modified to limit judicial remedies to ‘‘Extremist Budget, Part II.’’ The huge people have kept us there. declaratory judgments and other rem- Medicare cuts in this budget, combined Paul made Walton his home; he was edies authorized by Congress. This with the proposed structural changes elected village police justice and later modification was dropped altogether in will truly make Medicare wither on the mayor; served in the Office of Price Ad- House Joint Resolution 1, as intro- vine. If the Republican budget is en- ministration during World War II; has duced in 1995. However, this resolution acted, Medicare will become a second- spent over a half century as trustee of was then also amended by the Senate class health care system. The Repub- St. John the Baptist Church; married through the Nunn amendment, which lican budget also eliminates the guar- Frances Kellogg, raised a family; re- prohibited judicial review entirely. antees of Medicaid coverage for sen- mained a loyal Democrat; played golf; I ask unanimous consent that the iors, disabled, children, and pregnant and practiced law. resolutions which were actually voted women. And if I may say, Madam President, upon by the Senate in 1994 and 1996— This budget contains a Republican he has practiced law, and continues to neither of which were inserted into the assault on education. Over 7 years this practice law, in a manner that brings RECORD by the Senator from Okla- budget cuts $60 billion in education and nothing but honor to that profession. homa—be inserted at this point. training, compared to the President’s Paul Eaton is a general practitioner. There being no objection, the mate- budget. This budget continues the Re- He draws wills, handles real estate rial was ordered to be printed in the publican tragedy of the environment. closings, tries cases, and counsels his RECORD, as follows: The budget will cut environmental pro- clients. His reputation as a skillful S.J. RES. 41, 103D CONGRESS—FINAL VERSION grams by 19 percent in the year 2002 lawyer is matched only by his reputa- ON WHICH SENATE VOTED and it will slow down toxic waste tion for honesty and integrity. He is Resolved by the Senate and House of Rep- still at it. For while we will celebrate resentatives of the United States of America in cleanups. Congress assembled (two-thirds of each House Finally, this budget continues the his birthday on the 16th, he will be in concurring therein). That the following article Republican war on working families. his law office on the 17th. This is as it is proposed as an amendment to the Con- At the same time the GOP leadership is should be. We wish him well. Happy stitution, which shall be valid to all intents opposing an increase in the minimum birthday Paul. Madam. President, I and purposes as part of the Constitution wage, they are proposing to increase yield the floor. when ratified by the legislatures of three- taxes on working families who earn f fourths of the several States within seven years after the date of its submission to the under $28,000 a year—harsh and unfair. DEBATE ON BALANCED BUDGET States for ratification: That is why this budget resolution AMENDMENT ‘‘ARTICLE — ought to be called the extremist budget ‘‘SECTION 1. Total outlays for any fiscal part II. Mr. FORD. Madam President, on Fri- day the Senator from Oklahoma [Mr. year shall not exceed total receipts for that Last year, the President vetoed the fiscal year, unless three-fifths of the whole Republican budget because it con- INHOFE] and the Senator from North number of each House of Congress shall pro- tained huge cuts in Medicare, Medic- Dakota [Mr. DORGAN] and I had an ex- vide by law for a specific excess of outlays aid, education, and the environment. change about the inaccuracy of certain over receipts by a rollcall vote. This budget does very much the same, statements made by the Senator from ‘‘SECTION 2. The limit on the debt of the and President Clinton will veto this Oklahoma regarding the debate over United States held by the public shall not be the balanced budget amendment. Dur- increased, unless three-fifths of the whole budget as well. number of each House shall provide by law So as soon as our Republican friends ing that exchange, the Senator from for such an increase by a rollcall vote. show that they can put forth a bal- Oklahoma inserted into the RECORD ‘‘SECTION 3. Prior to each fiscal year, the anced budget like the President’s, one copies of the original versions of Sen- President shall transmit to the Congress a that protects our priorities, we will ate Joint Resolution 41 from the 103d proposed budget for the United States Gov- have a balanced budget—but not until Congress, and House Joint Resolution 1 ernment for that fiscal year in which total from the 104th Congress. The Senator outlays do not exceed total receipts. then. ‘‘SECTION 4. No bill to increase revenue I thank the Chair and yield the floor. from Oklahoma represented that these shall become law unless approved by a ma- Madam President, I suggest the ab- were the two resolutions that we voted jority of the whole number of each House by sence of a quorum. on—Senate Joint Resolution 41, in 1994, a rollcall vote. The PRESIDING OFFICER. The and House Joint Resolution 1, in 1996. ‘‘SECTION 5. The Congress may waive the clerk will call the roll. The distinguished Senator from provisions of this article for any fiscal year The assistant legislative clerk pro- North Dakota indicated that the two in which a declaration of war is in effect. The provisions of this article may be waived ceeded to call the roll. resolutions we voted on were not iden- tical, since language known as the for any fiscal year in which the United Mr. SPECTER. Madam President, I States is engaged in military conflict which ask unanimous consent that the order Nunn amendment was added to House causes an imminent and serious military for the quorum call be rescinded. Joint Resolution 1 regarding judicial threat to national security and is so declared The PRESIDING OFFICER. Without review, and that this was new language by a joint resolution adopted by a majority objection, it is so ordered. from the resolution voted upon in 1994. of the whole number of each House, which (By unanimous consent, the remarks The Senator from North Dakota asked becomes law. ‘‘SECTION 6. The Congress shall enforce and of Mr. SPECTER are printed at an ear- unanimous consent to insert into the implement this article by appropriate legis- RECORD the language which was actu- lier point in today’s RECORD.) lation, which may rely on estimates of out- f ally voted on by the Senate. After the lays and receipts. The power of any court to Senator from Oklahoma twice reserved TRIBUTE TO PAUL F. EATON, SR. order relief pursuant to any case or con- the right to object, the Senator from troversy arising under this Article shall not Mr. MOYNIHAN. Madam President, if North Dakota withdrew his request. extend to ordering any remedies other than I may ask the Senate’s indulgence. On I have since had time to review the a declaratory judgment or such remedies as the 16th of this month, my friend and RECORD, and found that Both resolu- are specifically authorized in implementing sometime counselor, Paul F. Eaton, tions inserted into the RECORD by the legislation pursuant to this section. Sr., of Walton, NY, will celebrate his Senator from Oklahoma were incor- ‘‘SECTION 7. Total receipts shall include all receipts of the United States Government ex- 87th birthday. This is, of course, a rect. In other words, neither of the res- cept those derived from borrowing. Total happy occasion for Paul, his family and olutions which he put into the RECORD outlays shall include all outlays of the Unit- many friends, in our upstate Delaware were actually voted upon by the Sen- ed States Government except for those for County. ate. The Senator form Oklahoma put repayment of debt principal. S6078 CONGRESSIONAL RECORD — SENATE June 11, 1996 ‘‘SECTION 8. This article shall take effect Those who wish to read these can through higher productivity and job oppor- beginning with fiscal year 2001 or with the draw their own conclusions about tunity and growth. Social Security and these second fiscal year beginning after its ratifi- whether I was quoted accurately. other trust funds did not cause the deficit, cation, whichever is later.’’ There being no objection, the mate- and under our amendment they will not be used to hide the deficit either. This is honest HOUSE JOINT RESOLUTION 1, 104TH CONGRESS— rial was ordered to be printed in the budgeting and a workable balanced budget FINAL VERSION ON WHICH SENATE VOTED RECORD, as follows: amendment. BALANCED BUDGET AMENDMENT TO THE SENATOR WENDELL FORD, ACTUAL FLOOR Mr. President, time is short and a vote on CONSTITUTION AS AMENDED BY SENATOR NUNN STATEMENT, MARCH 1, 1994 the Reid-Ford-Feinstein balanced budget ARTICLE — Mr. FORD. Mr. President, I have but a few amendment is near. Unfortunately, I fear SECTION 1. Total outlays for any fiscal year minutes to speak this morning on behalf of that it is not near passage but defeat. Stand- shall not exceed total receipts for that fiscal the Reid-Ford-Feinstein balanced budget ing beside that defeat will be a good faith ef- year, unless three-fifths of the whole number amendment. So I will concentrate my re- fort of those who are truly concerned about of each House of Congress shall provide by marks this morning on trust. the world that we leave for future genera- law for a specific excess of outlays over re- The public trusts the Congress to keep the tions. Standing beside that defeat will be the ceipts by a rollcall vote. Nation’s finances in order. Nowhere is that last attempt of this Congress to face reality SECTION 2. The limit on the debt of the agreement and that trust more evident or and tackle an ever-crippling debt and deficit United States held by the phone shall not be more important than in governing the Social problem. Standing beside that defeat will be increased, unless three-fifths of the whole Security trust fund. faith in Government. I support the efforts of number of each House shall provide by law In the debate over our amendment and the my friend and colleague from Illinois to take for such an increase by a rollcall vote. Simon amendment, honesty and protection on this persistent fiscal dishonesty, but his SECTION 3. Prior to each fiscal year, the of the trust fund have played a very big role. version of the amendment will go down to President shall transmit to the Congress a Right now, surpluses in the trust funds are defeat as well. proposed budget for the United States Gov- being used to hide the true amount of the The Reid-Ford-Feinstein amendment is the ernment for that fiscal year, in which total deficit. The biggest example of this is in So- only amendment that could stand the chance outlays do not exceed total receipts. cial Security, but it is by no means alone in of final passage. We all know that. Yet SECTION 4. No bill to increase revenue shall this distinction. standing by the defeat of yet another bal- become law unless approved by a majority of During the 1980’s, we allowed the Federal anced budget will be my colleagues from the the whole number of each House by a rollcall trust funds to run up huge surpluses. We other side of the aisle. Instead of getting vote. would collect a gasoline tax to fund highway what they could, they will go home proud of SECTION 5. The Congress may waive the taking the supposed moral high ground. If provisions of this article for any fiscal year construction but then not spend it all on highways, thus creating an accounting sur- that is what they want, they can have it. in which a declaration of war is in effect, the What I want and what 70 percent of our Na- provisions of this article may be waived for plus. The problem is, we did spend money elsewhere creating masked deficit and budg- tion’s people want is a sound financial fu- any fiscal year in which the United States is ture. What they will get is more of the same engaged in military conflict which causes an etary illusions. The Simon amendment will allow us to under the Simon amendment, for standing imminent and serious military threat to na- tall at the end of the day will be disenchant- tional security and is so declared by a joint continue to do this. I have a speech in my folder that I made back in October of 1987 ment, dishonesty and fiscal irresponsibility. resolution, adopted by a majority of the I hear so much about ‘‘if 40-some-odd Gov- that addressed this very issue. This particu- whole number of each house, which becomes ernors can operate a balanced budget, why lar speech dealt with the Aviation trust law. can’t the Federal Government.’’ fund. At the time, it represented a $6 billion SECTION 6. The Congress shall enforce and Well, I give them an opportunity. I oper- surplus. implement this article by appropriate legis- ated under it. It worked. We had a huge sur- Mr. President, I say to my colleagues that lation, which may rely on estimates of out- plus when I left the Governor’s office. We that is only peanuts when compared to So- lays and receipts. The judicial power of the had an operating account. We had a capital cial Security. According to OMB, from 1985, United States shall not extend to any case of account. controversy arising under this Article except when the Social Security System started to They say operate like you do at home. At as may be specifically authorized by legisla- run a surplus, to 1993, it singlehandedly cov- home you have income, your salary. That is tion adopted pursuant to this section. ered up $366 billion in Government red ink. your operating account. You buy a car with- SECTION 7. Total receipts shall include all Social Security covered up $366 billion in in your means. You pay that out of your op- receipts of the United States Government ex- Government red ink. erating account. You buy a home. You pay cept those derived from borrowing. Total If you think that is bad, wait until we look that out of your operating account. But your outlays shall include all outlays of the Unit- to the future. From 1994 through the year operating account is always balanced. And ed States Government except for those for 2001, the date that Senator Simon’s amend- we have a time period in which to pay it off. repayment of debt principal. ment would likely take effect, CBO projects They say, ‘‘Oh, we will never implement SECTION 8. This article shall take effect be- another $703 billion in budgetary chicanery, that legislation.’’ How do you know we will ginning with fiscal year 2002 or with the sec- for a grand total of $1.69 trillion worth of de- not? I have seen some amazing things come ond fiscal year beginning after its ratifica- ception. out of this Chamber. I have seen people work tion, whichever is later. When compared with that, the deficit hid- and do the right thing. Mr. FORD. Second, Madam Presi- den by the other trust funds are small pota- I think implementation of this amendment dent, the Senator from Oklahoma and I toes—only another $35 to $40 billion. Pretty will work. I think we can make it work. But had an exchange on the Senate floor soon though, as we have heard in the past, it on the other hand, if we want an issue, fine. because after I heard him quote from adds up to real money. We pat ourselves on Stay with Senator SIMON and Senator my 1994 floor statement, I believe he the back and claim to cut spending and do HATCH. Stay with them and then have an what is right for our electorate, all the while was quoting my statement in an inac- issue when you go home. our Social Security trust fund is full of But do you want a balanced budget amend- curate and distorting manner. The Sen- IOU’s. ment? There are enough votes with those ator from Oklahoma was quoting my Well, I, and those who support our amend- who are supporting that amendment that we statement in support of the Reid-Ford- ment, mean to do something about that. Our can get one. Feinstein amendment which protected amendment respects the pact our Nation Oh, I hear all this, ‘‘The House is going to the Social Security trust funds, and made with its people many years ago. It re- make us do it.’’ I have never seen us make making it sound like I was speaking in inforces it, makes it stronger, safer, and the House do anything. I have never seen the support of the underlying Simon-Hatch more secure. Social Security is exempt from House make us do anything. So when they our amendment, thus securing and fortifying version of the legislation, which does pass their balanced budget amendment, what its position as a separate trust fund. If you is it going to do? It is going to die between not protect Social Security. do not believe me, just listen to the Gray here and there. That is what is going to hap- Madam President, after reading Fri- Panthers, and they will tell you themselves. pen to it. It is going to die between here and day’s RECORD, I found that the Senator I have here three letters to that effect. there. from Oklahoma’s quoting of my 1994 AARP, the National Alliance for Senior Citi- ‘‘Oh, we will be forced into it.’’ Nope. The statement was even more selective and zens, and the National Committee to Pre- House will not do that to us. We will not do misleading than I had first realized. I serve Social Security and Medicare, all en- it to the House. So if you want a balanced ask unanimous consent that my actual dorse Social Security’s treatment under this budget amendment operated like Nebraska full statement, as reproduced in the amendment. was operated, like Kentucky was operated, I Other trust funds will be treated honestly will guarantee you that we can do the right CONGRESSIONAL RECORD on March 1, as well. They will be considered as a part of thing. 1994, and the version quoted by the the capital budget that invests in infrastruc- That is what it is all about here today, to Senator from Oklahoma be printed in ture and development. Building highways do the right thing. We have an operating the RECORD. and airports pays dividends in the future budget. We are going to pay this in 10 years. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6079 The slice is in here. We have IOU’s in the So- anced budget amendment spelling out to witness, first hand, the care and cial Security. We are going to buy it. It is in how much of the Social Security sur- compassion he has engendered within operating. We buy it, pay it off. So Social Se- plus they would count year by year. his parish. I participated in one of the curity is sound. I do not understand why it As I stated last year and again last takes a brain surgeon to understand how you most moving ceremonies of my career operate a budget the away the States do. week, this was an enormous shift in when Father Bill invited me to take And so, Mr. President, I would hope that the interpretation of the resolution part in the opening of the national we would reconsider between now and 3 and a major factor in my decision to AIDS Quilt exhibit which he gener- o’clock this afternoon that this is an oppor- not support the balanced budget ously housed in the church’s parish tunity to pass a balanced budget amendment amendment without further assurances hall. We read the names of those whose that will work and will give us a financially about Social Security. lives were represented in the squares of sound future, not only for ourselves but for It is my hope that debate on the Sen- our children and our grandchildren. the quilt, and I know there wasn’t a I hear my distinguished friend say he is ate floor in the future will be con- dry eye in the crowd. going to do it for his unborn grandchildren. ducted at a level which respects the This is just one example of the com- I have five. The Senator is no ‘‘Lone Rang- opinions of fellow Senators on all is- passion that Father Bill demonstrates er’’. I am just as worried about my grand- sues. It is the least that our constitu- on a continual basis; I know that there children as he is. And I think I have a pretty ents expect of us. are at least 5,000 more stories that re- good idea I have had to work under it. I had f flect the influence that he has had on to operate it. I understand how it works. There are few in this Chamber who do. You FATHER BILL KENNY someone’s life. I am glad that Father will find that most of those will vote for this Bill chose to come back to his home in amendment because it works. Mr. REID. Madam President, one of Las Vegas to fulfill his mission with Do it like the Governors do; pass the Reid the pleasures of working with this body the Catholic church, I am proud to amendment. Do it like you do at home and is the opportunity to recognize the out- have him as my friend, and I congratu- operate your own budget; pass the Reid standing contributions that individuals late him for his 25 years of exemplary amendment. It is just that simple, Mr. Presi- have made in our respective States and service to the people of Nevada. We are dent. in our country. I rise today to recog- I do not know how much time I have re- all better because of him. nize such a person, Father Bill Kenny maining, but I will reserve it. f of Las Vegas. SENATOR INHOFE: QUOTATION OF MARCH 1, 1994 Frequently, people are recognized for THE VERY BAD DEBT BOXSCORE STATEMENT OF SENATOR FORD, JUNE 7, 1996 an heroic action on a specific occasion, Mr. HELMS. Madam President, at So when the Senator from Kentucky came or for a moment of self-sacrifice that the close of business yesterday Mon- in—I had not quoted him, but I will now. He may have saved the lives of people who day, June 11, 1996, the Federal debt said this back on March 1, 1994. He said, ‘‘I were put in harms way. Father Kenny’s stood at $5,134,653,489,857.86. support the efforts of my friend and col- achievement is different; he is a man league from Illinois’’—talking about Senator On a per capita basis, every man, who has devoted his entire life to help- SIMON, who is a very courageous guy, and woman, and child in America owes ing others, and on a continual, daily one I complimented probably more than I $19,372.70 as his or her share of that basis, he gives his energy, his time, and have ever complimented anyone else on the debt. floor yesterday. Senator FORD said, ‘‘I sup- his spirit to his community, to his pa- port the efforts of my friend and colleague rishioners, and to his church. On June f from Illinois to take on this persistent fiscal 19, Father Kenny will celebrate the MESSAGES FROM THE HOUSE dishonesty. I hear so much about if 40-some- 25th anniversary of his ordainment as a odd Governors can operate a balanced budg- Catholic Priest, and I am delighted to At 11:29 a.m., a message from the et, why can’t the Federal Government? I op- House of Representatives, delivered by erated under it’’—this is Senator FORD, who take this occasion to congratulate him was a Governor of Kentucky—‘‘and it on a lifetime of self-sacrifice. Ms. Goetz, one of its reading clerks, an- worked. I think implementation of this Father Bill Kenny is truly an exam- nounced that the House has passed the amendment will work. I think we can make ple of the American dream in action. following bill, in which it requests the it work. I do not understand why it takes a Bill came to Las Vegas as a young boy concurrence of the Senate: brain surgeon to understand how you operate and attended St. Joseph’s Catholic H.R. 3268. An act to amend the Individuals a budget the way the States do. This is an with Disabilities Education Act, to reauthor- opportunity to pass a balanced budget School and Bishop Gorman High School. As a young altar boy, Bill often ize and make improvements to that Act, and amendment that will work and will give us a for other purposes. financially sound future, not only for our- thought about becoming a priest. In- selves but for our children and our grand- spired by his uncle John, a priest who At 2:30 p.m., a message from the children.’’ also served in Las Vegas, Bill entered House of Representatives, delivered by Mr. FORD. Lastly, Madam President, the seminary and afterwards completed Ms. Goetz, one of its reading clerks, an- let me just note that every provision of his studies at the theological college of nounced that the House has passed the the Constitution is subject to interpre- the Catholic University of America on following bills, in which it requests the tation. I am sure that the Senator from a 3-year scholarship. He earned his B.A. concurrence of the Senate: in 1966 and his M.A. a year later, after Oklahoma does not agree with every H.R. 848. An act to increase the amount au- Supreme Court decision interpreting which he was assigned for one year to thorized to be appropriated for assistance for the words of the Constitution—even the North American College in Rome, a highway relocation regarding the Chicka- though it may involve different inter- residence for American students who mauga and Chattanooga National Military pretations of the same language. study at the Pontifical Gregorian Uni- Park in Georgia. In 1994, the distinguished Senator versity. He resumed his studies at the H.R. 3029. An act to designate the United from Illinois, Senator SIMON, gave spe- theological college, and in 1971, he re- States courthouse in Washington, District of cific assurances that he would work in turned to Las Vegas for his ordination. Columbia, as the ‘‘E. Barrett Prettyman support of, and even cosponsor, imple- He was first assigned to serve as as- United States Courthouse.’’ H.R. 3060. An act to implement the Proto- menting legislation to require Congress sociate pastor at St. Annes and then, in col on Environmental Protection to the Ant- to balance the budget without counting 1976, at Our Lady of Las Vegas. The di- arctic Treaty. the annual Social Security surplus. He ocese intuitively knew that, in Father H.R. 3186. An act to designate the Federal even submitted a memorandum from Kenny, they had a man of extraor- building located at 1655 Woodson Road in the Congressional Research Service dinary talent and, in October of 1978, Overland, Missouri, as the ‘‘Sammy L. David with the opinion that it would be legal Father Bill was asked to start a new Federal Building.’’ and appropriate for Congress to pass parish in a growing section of the city; H.R. 3364. An act to designate the Federal such legislation. This memorandum is he became the founding pastor of building and United States courthouse at 235 North Washington Avenue in Scranton, reprinted in the March 1, 1994, CON- Christ the King Catholic Community, a Pennsylvania, as the ‘‘William J. Nealon GRESSIONAL RECORD along with the de- parish that, under his tutelage, has Federal Building and United States Court- bate grown to over 5,000 members. house.’’ By contrast, in 1995 we saw proposals I have had the good fortune to attend H.R. 3400. An act to designate the Federal from leading proponents of the bal- services at Father Kenny’s church and building and United States courthouse to be S6080 CONGRESSIONAL RECORD — SENATE June 11, 1996 constructed at a site on 18th Street between H.R. 3268. An act to amend the Individuals were referred or ordered to lie on the Dodge and Douglas Streets in Omaha, Ne- With Disabilities Education Act, to reau- table as indicated: braska, as the ‘‘Roman L. Hruska Federal thorize and make improvements to that act, POM–575. A resolution adopted by the Sen- building and United States Courthouse.’’ and for other purposes. ate of the Legislature of the State of Hawaii; The message also announced that the f to the Committee on Agriculture, Nutrition, House disagrees to the amendment of EXECUTIVE AND OTHER and Forestry. the Senate of the bill (H.R 3103) to COMMUNICATIONS ‘‘SENATE RESOLUTION NO. 49 amend the Internal Revenue Code of ‘‘Whereas, the Hawaiian islands are among 1986 to improve portability and con- The following communications were the most environmentally sensitive areas in tinuity of health insurance coverage in laid before the Senate, together with the world, containing unique and extremely the group and individual markets, to accompanying papers, reports, and doc- fragile ecosystems; and combat waste, fraud, and abuse in uments, which were referred as indi- ‘‘Whereas, the State’s 150 recognized health insurance and health care deliv- cated: ecosystems are home to more than one-third of the 526 plant species and 88 bird species on ery, to promote the use of medical sav- EC–2982. A communication from the Sec- the United States endangered and threatened ings accounts, to improve access to retary of the Army and the Secretary of Ag- species list; and long-term care services and coverage, riculture, transmitting jointly, pursuant to ‘‘Whereas, conservationists call Hawaii the to simplify the administration of law, notice of an intention relative to the ‘Endangered Species Capital of the World,’ as health insurance, and for other pur- Corps of Engineers project at Applegate three-fourths of the nation’s extinct plant poses, and asks a conference with the Lake, Oregon; to the Committee on Agri- and bird species once lived only on our is- culture, Nutrition, and Forestry. Senate on the disagreeing votes of the lands; and EC–2983. A communication from the Ad- ‘‘Whereas, alien pest species are considered two Houses thereon; and appoints Mr. ministrator of the Agricultural Marketing the single greatest threat to the survival of ARCHER, Mr. THOMAS, Mr. BLILEY, Mr. Service, Department of Agriculture, trans- our native Hawaiian plant and bird species; BILIRAKIS, Mr. GOODLING, Mr. FAWELL, mitting, pursuant to law, the rule entitled and Mr. HYDE, Mr. MCCOLLUM, Mr. ‘‘The Pork Promotion, Research, and ‘‘Whereas, the island of Guam is now de- HASTERT, Mr. GIBBONS, Mr. STARK, Mr. Consumer Information Order,’’ received on void of any and all avian life due to the dev- DINGELL, Mr. WAXMAN, Mr. CLAY, Mr. June 4, 1996; to the Committee on Agri- astation of a well-known alien pest, the CONYERS, and Mr. BONIOR as the man- culture, Nutrition, and Forestry. brown tree snake; and agers of the conference on the part of EC–2984. A communication from the Ad- ‘‘Whereas, 19 new insect species found their ministrator of the Agricultural Marketing way into the environment in 1994, even the House. Service, Department of Agriculture, trans- though the State Department of Agriculture The message further announced that mitting, pursuant to law, the rule entitled inspected 13 million agricultural parcels en- the House has agreed to the following ‘‘Papayas Grown in Hawaii,’’ received on tering the State and intercepted 131 alien in- concurrent resolution, in which it re- May 31, 1996; to the Committee on Agri- sects and 183 illegal animals; and quests the concurrence of the Senate: culture, Nutrition, and Forestry. ‘‘Whereas, on average, 20 new insect spe- H. Con. Res. 153. Concurrent resolution au- EC–2985. A communication from the Ad- cies arrive in Hawaii each year, of which ten thorizing the use of the Capitol grounds for ministrator of the Agricultural Marketing become pests; and the Greater Washington Soap Box Derby. Service, Department of Agriculture, trans- ‘‘Whereas, federal quarantine law gives the H. Con. Res. 172. Concurrent resolution au- mitting, pursuant to law, the rule entitled United States Department of Agriculture the thorizing the 1996 Summer Olympic Torch ‘‘The Tobacco Inspection’’; to the Committee legal authority to inspect baggage and pas- Relay to be run through the Capitol on Agriculture, Nutrition, and Forestry. sengers bound for the mainland from Hawaii Grounds, and for other purposes. EC–2986. A communication from the Chair- in order to protect the mainland’s environ- f man of the Board of Governors of the Federal ment, but does not grant the same authority Reserve System, transmitting, pursuant to to inspect baggage and passengers bound for MEASURES REFERRED law, the report on retail fees and services of Hawaii from the mainland to protect Ha- The following bills were read the first depository institutions; to the Committee on waii’s environment; and and second times by unanimous con- Banking, Housing, and Urban Affairs. ‘‘Whereas, Governor Benjamin J. Cayetano established the ‘Coordinating Group on Alien sent and referred as indicated: EC–2987. A communication from the Direc- tor of the Office of Management and Budget, Pest Species’ (CGAPS), a group comprised of H.R. 848. An act to increase the amount au- Executive Office of the President, transmit- representatives from the State Department thorized to be appropriated for assistance for ting, pursuant to law, the report on direct of Agriculture, State Department of Trans- highway relocation regarding the Chicka- spending or receipts legislation within five portation, Hawaii Farm Bureau Federation, mauga and Chattanooga National Military Hawaii Visitors Bureau, Nature Conservancy Park in Georgia; to the Committee on En- days of enactment; to the Committee on the Budget. of Hawaii, National Park Service, United ergy and Natural Resources. States Department of Agriculture, United H.R. 3029. An act to designate the United EC–2988. A communication from the Acting States Customs Service, United States Fish States courthouse in Washington, District of Director of the Office of Fisheries Conserva- Columbia, as the ‘‘E. Barrett Prettyman tion and Management, National Marine Fish- and Wildlife Service, United States Navy, United States Courthouse’’; to the Commit- eries Service, National Oceanic and Atmos- United States Postal Inspection Service, and tee on Environment and Public Works. pheric Administration, Department of Com- United States Postal Service; and H.R. 3186. An act to designate the Federal merce, transmitting, pursuant to law, the re- ‘‘Whereas, the Governor’s Agriculture Co- building located at 1655 Woodson Road in port of a rule entitled ‘‘Groundfish Fishery ordinating, Committee provided funding for Overland, Missouri, as the ‘‘Sammy L. Davis of the Bering Sea and Aleutian Islands CGAPS efforts to focus public attention on Federal Building’’; to the Committee on En- Area,’’ received on June 4, 1996; to the Com- the need to prevent new alien pest species vironment and Public Works. mittee on Commerce, Science, and Transpor- from entering the State and to control pests H.R. 3364. An act to designate the Federal tation. which are already established; and building and United States courthouse at 235 EC–2989. A communication from the Pro- ‘‘Whereas, as a result of information ob- North Washington Avenue in Scranton, gram Management Officer, National Marine tained through CGAPS efforts, state depart- Pennsylvania, as the ‘‘William J. Nealon Fisheries Service, National Oceanic and At- ments may be proposing specific programs Federal Building and United States Court- mospheric Administration, Department of aimed at accelerating the eradication of es- house’’; to the Committee on Environment Commerce, transmitting, pursuant to law, tablished pest species and improving mecha- and Public Works. the report of a rule entitled ‘‘Atlantic nisms to prevent the introduction of alien H.R. 3400. An act to designate the Federal Striped Bass Fishery,’’ (RIN0648–AH57) re- pest species; and building and United States courthouse to be ceived on June 6, 1996; to the Committee on ‘‘Whereas, state budget concerns will have constructed at a site on 18th Street between Commerce, Science, and Transportation. a serious impact on the agencies which con- Dodge and Douglas Streets in Omaha, Ne- EC–2990. A communication from the Man- tribute to these prevention and control ef- braska, as the ‘‘Roman L. Kruska Federal aging Director of the Federal Communica- forts; and ‘‘Whereas, the costs of these efforts pale in building and United States Courthouse’’; to tions Commission, transmitting, pursuant to comparison to the price we would pay in the Committee on Environment and Public law, a rule relative to FM broadcast sta- terms of losses to industries such as tourism Works. tions, received on June 5, 1996; to the Com- and agriculture which depend on environ- f mittee on Commerce, Science, and Transpor- ment quality, if our environment is not pre- tation. MEASURES PLACED ON THE served and protected; and f CALENDAR ‘‘Whereas, in recognition of the long-term PETITIONS AND MEMORIALS cost benefits of immediate action, funding The following measure was read the for the implementation of those programs first and second times by unanimous The following petitions and memori- may be included in the budgets of those state consent and placed on the calendar: als were laid before the Senate and departments; and June 11, 1996 CONGRESSIONAL RECORD — SENATE S6081 ‘‘Whereas, in addition to programs pro- tation, Hawaii Farm Bureau Federation, Ha- ‘‘Whereas, HING DDR has coordinated with posed by state departments, other CGAPS waii Visitors Bureau, Nature Conservancy of the Hawaii Air National Guard C–130 Squad- members may seek grants to accomplish the Hawaii, National Park Service, United ron to provide airlift support to transport same purposes; and States Department of Agriculture, United the ‘No Hope In Dope Program’ to the outer ‘‘Whereas, the Legislature may appropriate States Custom Service, United States Fish islands; and funds for grants to those private conserva- and Wildlife Service, United States Navy, ‘‘Whereas, HING DDR has coordinated with tion, agricultural, and tourism organiza- United States Postal Inspection Service, and Hawaii Air and Army National Guard units tions; Now, therefore, be it United States Postal Service; and to provide static displays at drug-free pa- ‘‘Resolved, by the Senate of the Eighteenth ‘‘Whereas, the Governor’s Agriculture Co- rades and concerts; and Legislature of the State of Hawaii, Regular ordinating Committee provided funding for ‘‘Whereas, HING DDR volunteers have Session of 1996, That the Governor is respect- CGAPS efforts to focus public attention on trained community leaders, parents, and fully urged to place a high administrative the need to prevent new alien pest species other individuals on being a mentor for the priority on existing pest eradication and pre- from entering the State and to control pests youths who have graduated from the Hawaii vention programs, as well as the develop- which are already established; and National Guard Youth Challenge Program; ment and implementation of new programs ‘‘Whereas, as a result of information ob- and recommended by the CGAPS members; and tained through CGAPS efforts, State Depart- ‘‘Whereas, HING DDR volunteers have been ‘‘Be it further resolved, That the President ments may be proposing specific programs involved with recruiting youths and men- of the United States and the United States aimed at accelerating the eradication of es- tors, and working with the Advisory Com- Congress are respectfully urged to advocate tablished pest species and improving mecha- mittee in support of the Hawaii National legislation and programs to eradicate pests nisms to prevent the introduction of alien Guard Youth Challenge Program; and and prevent their introduction into Hawaii; pest species; and ‘‘Whereas, HING DDR volunteers have and ‘‘Whereas, State budget concerns will have started PRIDE Parent Training, a nine-hour ‘‘Be it further resolved, That certified copies a serious impact on the agencies which con- seminar that will help parents identify the of this Resolution be transmitted to the tribute to these prevention and control ef- signs of possible drug use and gang activity President of the United States, the President forts; and and is designed for parents of youths be- of the United States Senate, the Speaker of ‘‘Whereas, the costs of these efforts pale in tween the ages of seven and seventeen years the United States House of Representatives, comparison to the price we would pay if our of age; and Hawaii’s congressional delegation, and the environment, and therefore industries such ‘‘Whereas, HING DDR has an extensive Governor of the State of Hawaii.’’ as tourism and agriculture which depend on video library on drugs and gangs which is environmental quality, is not preserved and available for home viewing; and POM–576. A concurrent resolution adopted protected; and ‘‘Whereas, HING DDR has educational ma- by the Legislature of the State of Hawaii ‘‘Whereas, in recognition of the long-term terial and activity books on drugs, drug use, programs; to the Committee on Agriculture, cost benefits of immediate action, funding and peer pressure available for parents, Nutrition, and Forestry. for the implementation of those programs teens, and children; and ‘‘HOUSE CONCURRENT RESOLUTION NO. 16 may be included in the budgets for those ‘‘Whereas, HING DDR is a member of the State departments; and Youth Gang Response System-Oahu Team ‘‘Whereas, the Hawaiian islands are among ‘‘Whereas, in addition to programs pro- which is a partnership of government; pri- the most environmentally sensitive areas in posed by State departments, other CGAPS vate agencies, and community groups work- the world, containing unique and extremely members may seek grants to accomplish the ing together to address youth gang and drug fragile ecosystems; and same purposes; and problems in Hawaii in a unified and holistic ‘‘Whereas, the State’s 150 recognized ‘‘Whereas, the State Legislature may ap- manner; and ecosystems are home to more than one-third propriate funds for grants to those private ‘‘Whereas, HING DDR volunteers supported of the 526 plant species and 88 bird species on conservation, agricultural, and tourism or- the Adult Friends For Youth-Moving Up the United States endangered and threatened ganizations; Now, therefore, be it Transition Convention by providing positive species list; and ‘‘Resolved, by the House of Representatives role models to escort youths for the day; and ‘‘Whereas, conservationists call Hawaii the of the Eighteenth Legislature of the State of ‘‘Whereas, HING DDR volunteers supported ‘‘Endangered Species Capital of the World,’’ Hawaii, Regular Session of 1996, the Senate the PACT (Parents and Children Together) as three-fourths of the nation’s extinct plant concurring, That the Governor is respect- Kid’s Day Newspaper Drive; and and bird species once lived only on our is- fully urged to place a high administrative ‘‘Whereas, the Hawaii National Guard’s lands; and priority on existing pest eradication and pre- Drug Demand Reduction Program is commit- ‘‘Whereas, alien pest species are considered vention programs, as well as the develop- ted to fighting this war on drugs through the single greatest threat to the survival of ment and implementation of new programs prevention and education in collaboration our native Hawaiian plant and bird species; recommended by the CGAPS members; and with the community; Now, therefore, be it and ‘‘Be it further resolved, That the President ‘‘Resolved, by the House of Representatives ‘‘Whereas, the island of Guam is now de- of the United States and the United States of the Eighteenth Legislature of the State of void of any and all avian life due to the dev- Congress are respectfully urged to advocate Hawaii, Regular Session of 1996, the Senate astation of a well-known alien pest, the legislation and programs to eradicate pests concurring, That the United States Congress brown tree snake; and and prevent their introduction into Hawaii; is hereby urged to support legislation to sup- ‘‘Whereas, the economic impact of alien and port the Hawaii National Guard’s Drug De- pest species in the State of Hawaii exceeds ‘‘Be it further resolved, That certified copies mand Reduction Program; and $400 million annually, yet the State spends of this Concurrent Resolution be transmitted ‘‘Be it further resolved, That certified copies only $25 million per annum on prevention; to the President of the United States, the of this concurrent resolution be transmitted and President of the United States Senate, the to the President of the United States Senate, ‘‘Whereas, 19 new insect species found their Speaker of the United States House of Rep- the Speaker of the United States House of way into the environment in 1994, even resentatives, Hawaii’s congressional delega- Representatives, and the members of Ha- though the State Department of Agriculture tion, and the Governor of the State of Ha- waii’s congressional delegations.’’ inspected 13 million agricultural parcels en- waii.’’ tering the State and intercepted 131 alien in- POM–78. A joint resolution adopted by the sects and 183 illegal animals; and POM–577. A concurrent resolution adopted Legislature of the State of Idaho to the Com- ‘‘Whereas, on average, 20 new insect spe- by the Legislature of the State of Hawaii; to mittee on Armed Services. cies arrive in Hawaii each year, of which ten the Committee on Armed Services. become pests; and HOUSE JOINT MEMORIAL NO. 8 ‘‘Whereas, federal quarantine law gives the ‘‘HOUSE CONCURRENT RESOLUTION NO. 20 ‘‘Whereas, the 366th Wing at Mountain United States Department of Agriculture the ‘‘Whereas, since October 1, 1994, the HING Home Air Force Base, Idaho, is the Air legal authority to inspect baggage and pas- DDR has conducted 155 activities utilizing Force’s only air intervention composite wing sengers bound for the mainland from Hawaii 249 HING volunteers and 141 civilian volun- providing lethal, integrated air power world- in order to protect the mainland’s environ- teers to reduce the demand for drugs in the wide; ment, but does not grant the same authority State of Hawaii; and ‘‘Whereas, the 366th Wing is unique be- to inspect baggage and passengers bound for ‘‘Whereas, during a twelve-month period cause it is a composite force already built Hawaii from the mainland to protect Ha- (October 1, 1994–September 30, 1995), DDR ac- and trained, ready to fight and intervene waii’s environment; and tivities have reached a total audience of over anytime, anywhere; ‘‘Whereas, Governor Benjamin J. Cayetano 35,818 individuals; and ‘‘Whereas, one of the primary benefits of a established the ‘Coordinating Group on Alien ‘‘Whereas, while working with the Hono- composite wing structure is the opportunity Pest Species’ (CGAPS), a group comprised of lulu Police Department’s ‘No Hope In Dope for aircrews to train every day under more representatives from the State Department Program,’ HING DDR has provided positive realistic conditions, with a variety of air- of Agriculture, State Department of Health, role models to speak to elementary, inter- craft flying multiple missions; State Department of Land and Natural Re- mediate, and high school youths throughout ‘‘Whereas, the 366th Wing exceeded all of sources, State Department of Transpor- the State of Hawaii; and Air Combat Command’s tough standards at S6082 CONGRESSIONAL RECORD — SENATE June 11, 1996 the wing’s first Air Force inspection in July, tion and Management Act, or to enact other propriate circumstances; to the Committee 1995, the first ever for a composite wing and legislation, encompassing a broad range of on Agriculture, Nutrition, and Forestry. the largest in Air Force history; and measures to reduce wanton waste in North By Mr. DASCHLE: ‘‘Whereas, the opening of a training range Pacific Ocean and Bering Sea fisheries, in- S. 1863. A bill to require the Secretary of near Mountain Home Air Force Base is es- cluding harvest priority incentives for clean the Army to acquire permanent flowage and sential to maintain the readiness and strike fishing practices and other management saturation easements over land that is lo- force capabilities of this unique military tools.’’ cated within the 10-year floodplain of the asset: f James River, South Dakota, and for other Now, therefore, be it ‘‘Resolved, by the purposes; to the Committee on Environment members of the Second Regular Session of REPORTS OF COMMITTEES and Public Works. the Fifty-third Idaho Legislature, the House f of Representatives and the Senate concur- The following reports of committees ring therein, That we urge the Congress of were submitted: SUBMISSION OF CONCURRENT AND the United States to pass necessary legisla- By Mr. SPECTER, from the Select Com- SENATE RESOLUTIONS tion to establish and fund the training range mittee on Intelligence, with amendments: at the Mountain Home Air Force Base, S. 1745. An original bill to authorize appro- The following concurrent resolutions Idaho. priations for fiscal year 1997 for military ac- and Senate resolutions were read, and ‘‘Be it further resolved, That the Chief Clerk tivities of the Department of Defense, for referred (or acted upon), as indicated: of the House of Representatives be, and she military construction, and for defense activi- By Mr. NICKLES (for himself, Mr. is hereby authorized and directed to forward ties of the Department of Energy, to pre- DASCHLE, Mr. LOTT, Mr. FORD, Mr. a copy of this Memorial to the President of scribe personnel strengths for such fiscal THURMOND, Mrs. KASSEBAUM, Mr. the Senate and the Speaker of the House of year for the Armed Forces, and for other ABRAHAM, Mr. AKAKA, Mr. ASHCROFT, Representatives of Congress, and the con- purposes (Rept. No. 104–278). Mr. BAUCUS, Mr. BENNETT, Mr. BIDEN, gressional delegation representing the State By Mr. STEVENS, from the Committee on Mr. BINGAMAN, Mr. BOND, Mrs. of Idaho in the Congress of the United Governmental Affairs, without amendment: BOXER, Mr. BRADLEY, Mr. BREAUX, States.’’ S. 1488. A bill to convert certain excepted Mr. BROWN, Mr. BRYAN, Mr. BUMPERS, service positions in the United States Fire Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, POM–579. A joint resolution adopted by the Administration to competitive service posi- Mr. CHAFEE, Mr. COATS, Mr. COCHRAN, Legislature of the State of Alaska; to the tions, and for other purposes. Mr. COHEN, Mr. CONRAD, Mr. Committee on Commerce, Science, and f COVERDELL, Mr. CRAIG, Mr. D’AMATO, Transportation. Mr. DEWINE, Mr. DODD, Mr. DOMENICI, ‘‘RESOLVE NO. 39 INTRODUCTION OF BILLS AND Mr. DORGAN, Mr. EXON, Mr. ‘‘Whereas more fish were discarded in the JOINT RESOLUTIONS FAIRCLOTH, Mr. FEINGOLD, Mrs. FEIN- federally managed fisheries of the North Pa- The following bills and joint resolu- STEIN, Mr. FRIST, Mr. GLENN, Mr. GORTON, Mr. GRAHAM, Mr. GRAMM, cific Ocean than were landed by American tions were introduced, read the first Mr. GRAMS, Mr. GRASSLEY, Mr. fishermen in the North Atlantic Ocean in and second time by unanimous con- 1992; and GREGG, Mr. HARKIN, Mr. HATCH, Mr. ‘‘Whereas, in 1994, 25,881,596 kilograms of sent, and referred as indicated: HATFIELD, Mr. HEFLIN, Mr. HELMS, halibut and 1,866,272 kilograms of herring By Mr. DOLE (for himself, Mr. ROTH, Mr. HOLLINGS, Mrs. HUTCHISON, Mr. were discarded by fisheries in the North Pa- Mr. SIMPSON, Mr. PRESSLER, Mr. INHOFE, Mr. INOUYE, Mr. JEFFORDS, cific Ocean and the Bering Sea; and HATCH, Mr. CHAFEE, Mr. MURKOWSKI, Mr. JOHNSTON, Mr. KEMPTHORNE, Mr. ‘‘Whereas, in 1994, 15,459,253 crab were dis- and Mr. COCHRAN): KENNEDY, Mr. KERREY, Mr. KERRY, carded by fisheries in the North Pacific S. 1856. A bill to establish a commission to Mr. KOHL, Mr. KYL, Mr. LAUTENBERG, Ocean and the Bering Sea; and study and provide recommendations on re- Mr. LEAHY, Mr. LEVIN, Mr. ‘‘Whereas, in 1994, 195,609 salmon were har- storing solvency in the medicare program LIEBERMAN, Mr. LUGAR, Mr. MACK, vested in groundfish fisheries of the North under title XVIII of the Social Security Act; Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- Pacific Ocean and the Bering Sea; and to the Committee on Finance. KULSKI, Ms. MOSELEY-BRAUN, Mr. ‘‘Whereas these discarded herring, crab, By Mr. DOLE: MOYNIHAN, Mr. MURKOWSKI, Mrs. and salmon are resources managed by the S. 1857. A bill to establish a bipartisan MURRAY, Mr. NUNN, Mr. PELL, Mr. State of Alaska that were intercepted in off- commission on campaign practices and pro- PRESSLER, Mr. PRYOR, Mr. REID, Mr. shore federal waters; and vide that its recommendations be given ex- ROBB, Mr. ROCKEFELLER, Mr. ROTH, ‘‘Whereas these resources are the economic pedited consideration; to the Committee on Mr. SANTORUM, Mr. SARBANES, Mr. and cultural lifeblood for many Alaskans Rules and Administration. SHELBY, Mr. SIMON, Mr. SIMPSON, Mr. who depend on the sea for their livelihoods By Mr. GRAHAM (for himself, Mr. BAU- SMITH, Ms. SNOWE, Mr. SPECTER, Mr. and subsistence; and CUS, and Mr. PRYOR): STEVENS, Mr. THOMAS, Mr. THOMP- ‘‘Whereas marine wildlife species in Alaska S. 1858. A bill to provide for improved co- SON, Mr. WARNER, Mr. WELLSTONE, marine waters that depend on fish for food ordination, communication, and enforce- and Mr. WYDEN): are faced with declining populations and a ment related to health care fraud, waste, and S. Res. 258. A resolution to designate the potential listing as endangered species; and abuse; to the Committee on Finance. balcony adjacent to rooms S–230 and S–231 of ‘‘Whereas this continued wanton waste un- By Mr. GRAHAM (for himself and Mr. the United States Capitol Building as the dermines any long-term management strat- BAUCUS): ‘‘Robert J. Dole Balcony’’; considered and egy for sustained commercial, subsistence, S. 1859. A bill to create a point of order agreed to. and recreational fisheries, and places the against legislation which diverts savings f rural communities of Alaska at risk; and achieved through medicare waste, fraud, and ‘‘Whereas efforts to implement severe pen- abuse enforcement activities for purposes STATEMENTS ON INTRODUCED alties against vessels responsible for high other than improving the solvency of the BILLS AND JOINT RESOLUTIONS bycatch and discard rates have failed; and Federal Hospital Insurance Trust Fund ‘‘Whereas minimizing the catch of under- under title XVIII of the Social Security Act, By Mr. DOLE (for himself, Mr. sized fish and reducing wanton waste will to ensure the integrity of such trust fund, ROTH, Mr. SIMPSON, Mr. PRES- conserve fisheries resources for present and and for other purposes; to the Committee on SLER, Mr. HATCH, Mr. CHAFEE, future generations of subsistence users, com- Rules and Administration. Mr. MURKOWSKI, and Mr. COCH- mercial and recreational fishermen, seafood By Mr. MCCONNELL (for himself, Mr. RAN): industries, coastal communities, consumers, DOLE, Mr. MOYNIHAN, and Mr. S. 1856. A bill to establish a commis- and the nation; and LIEBERMAN): sion to study and provide recommenda- ‘‘Whereas fisheries can technically or oper- S. 1860. A bill to provide for legal reform tions on restoring solvency in the Med- ationally reduce waste and the incidental and consumer compensation relating to taking of nontarget species if given eco- motor vehicle tort systems, and for other icare program under title XVIII of the nomic incentives or if appropriate regu- purposes; to the Committee on Commerce, Social Security Act; to the Committee latory measures are applied; be it Science, and Transportation. on Finance. ‘‘Resolved, by the Alaska State Legislature S. 1861. A bill to provide for legal reform THE MEDICARE RESTORATION ACT That the wanton waste now occurring in fed- and consumer compensation, and for other Mr. DOLE. Mr. President, last eral fisheries of the North Pacific Ocean and purposes; to the Committee on the Judici- Wednesday the Medicare trustees re- the Bering Sea is of utmost ecological, so- ary. cial, and economical importance; and be it By Mr. PRESSLER (for himself and leased their report on the state of the ‘‘Further resolved, That the Alaska State Mr. HATCH): Medicare trust fund, and the report Legislature respectfully urges the Congress S. 1862. A bill to permit the interstate dis- was grim. Instead of going bankrupt in to amend the Magnuson Fishery Conserva- tribution of state-inspected meat under ap- 2002, as they previously forecasted, the June 11, 1996 CONGRESSIONAL RECORD — SENATE S6083 trustees conclude that Medicare will go And when the President was asked, Fund and the Federal Supplementary Medi- bankrupt in 2001—just 5 years from not long ago at a news conference, why cal Insurance Trust Fund under title XVIII now. he continued to use these terms even of the Social Security Act; For the past year and a half, this Re- though they are not true, his response (2) identify problems that threaten the sol- publican Congress has attempted to vency of such trust funds; was essentially that the media made (3) analyze potential solutions to such deal honestly and forthrightly with the him do it. problems that will both assure the financial impending Medicare meltdown. With the release of the trustee’s re- integrity of the medicare program under We put forward a budget that would port, the inescapable conclusion is that such title and the provision of appropriate protect, preserve, and strengthen Medi- while the rhetoric flew, Medicare was benefits under such program; care by reducing its unsustainable rate put at further risk. (4) make recommendations to restore the of growth, while still allowing for a And those who say that talk is cheap short-range and long-range solvency of the healthy growth rate. should know that 18 months of mis- Federal Hospital Insurance Trust Fund, to We did not claim that our plan was provide for sustainable growth of the Supple- leading rhetoric may have gained one mentary Medical Insurance Trust Fund, and perfect or that it solved the long-term side points in the opinion polls, it also problem. But it was a real attempt to on related matters as the Commission deems put Medicare another $90 billion-plus in appropriate; and alleviate a crisis that will immediately the red. (5) review and analyze such other matters impact 37 million seniors and disabled The bottom line is that the 37 million as the Commission deems appropriate. Americans, and will have repercussions Americans who depend on Medicare de- SEC. 5. MEMBERSHIP. on tens of millions more. serve better. Future generations of (a) NUMBER AND APPOINTMENT.—The Com- In May 1995, I called for a bipartisan Americans who will need Medicare de- mission shall be composed of 15 members, of Commission to be set up to save Medi- serve better. whom— care similar to the one that saved So- I call on the President to come for- (1) five shall be appointed by the President, cial Security. Unfortunately the White ward and support this bipartisan com- of whom not more than 3 shall be of the same political party; House dismissed the idea and decided mission so we can preserve the Medi- to attack Republican plans to save the (2) five shall be appointed by the Majority care Program and to join with Repub- Leader of the Senate, in consultation with Medicare system. licans on a bipartisan basis, as I have That is why I rise today to introduce the Minority Leader of the Senate, of whom proposed before, to address this very not more than 3 shall be of the same politi- the Medicare Restoration Act to estab- serious problem. cal party; and lish a blue-ribbon bipartisan advisory I send the bill to the desk and ask it (3) five shall be appointed by the Speaker commission to help deal with this cri- be appropriately referred. It is cospon- of the House of Representatives, in consulta- sis. tion with the Minority Leader of the House sored by Senators ROTH, SIMPSON, In my view, leadership means more of Representatives, of whom not more than 3 than just talking about problems. It PRESSLER, HATCH, CHAFEE, and MUR- shall be of the same political party. also means doing something to solve KOWSKI, who are on the Senate Finance (b) COMPTROLLER GENERAL.—The Comp- them. Committee. I certainly welcome addi- troller General of the United States shall ad- This Commission will be responsible tional cosponsors on either side of the vise the Commission on the methodology to for reviewing the current, short-term aisle. This will be a bipartisan commis- be used in identifying problems and analyz- sion. ing potential solutions in accordance with and long-term condition of the Medi- section 4. care Trust funds. The Commission will Mr. President, I ask unanimous con- sent that the text of the bill be printed (c) TERM OF APPOINTMENT.—The members be composed of 15 members appointed shall serve on the Commission for the life of by the President, Senate, and House of in the RECORD. the Commission. Representatives. The members of this There being no objection, the bill was (d) MEETINGS.—The Commission shall lo- commission will be from both political ordered to be printed in the RECORD, as cate its headquarters in the District of Co- parties, because it is clear to me that if follows: lumbia, and shall meet at the call of the Chairperson. we are to be successful we must put S. 1856 (e) QUORUM.—Ten members of the Commis- Be it enacted by the Senate and House of Rep- politics aside and work on a bipartisan sion shall constitute a quorum, but a lesser resentatives of the United States of America in basis. number may hold hearings. Congress assembled, Unfortunately, President Clinton has (f) CHAIRPERSON AND VICE CHAIRPERSON.— been unwilling to do that. SECTION 1. SHORT TITLE. Not later than 15 days after all the members In February 1995, President Clinton This Act may be cited as the ‘‘Medicare of the Commission are appointed, such mem- submitted a budget that contained no Restoration Act of 1996’’. bers shall designate a Chairperson and Vice provisions for saving Medicare. SEC. 2. ESTABLISHMENT. Chairperson from among the members of the In April 1995, the Medicare trustees— There is established a commission to be Commission. known as the National Commission on Medi- three of whom are members of his ad- (g) VACANCIES.—A vacancy on the Commis- care Reform (referred to in this Act as the sion shall be filled in the manner in which ministration—issued their original re- ‘‘Commission’’). the original appointment was made not later port and urged ‘‘prompt, effective and SEC. 3. FINDINGS. than 30 days after the Commission is given decisive action.’’ The administration The Congress finds that— notice of the vacancy. instead chose to attack Republican (1) the medicare program under title XVIII (h) COMPENSATION.—Members of the Com- plans to save the system. of the Social Security Act provides essential mission shall receive no additional pay, al- Last March, the President submitted health care insurance to this Nation’s senior lowances, or benefits by reason of their serv- a budget which, according to the Con- citizens and to individuals with disabilities; ice on the Commission. gressional Budget Office, would only (2) the Federal Hospital Insurance Trust (i) EXPENSES.—Each member of the Com- stave off Medicare’s bankruptcy for one Fund will be bankrupt in the year 2001, and mission shall receive travel expenses and per faces even greater solvency problems in the diem in lieu of subsistence in accordance more year. long-run with the aging of the baby boom with sections 5702 and 5703 of title 5, United It is an undeniable fact that the Re- generation; States Code. publican proposal allowed Medicare (3) the trustees of the trust funds of the SEC. 6. STAFF AND SUPPORT SERVICES. spending per beneficiary to increase medicare program have reported that growth (a) DIRECTOR.— from $4,800 per person to $7,200 per per- in spending within the Federal Supple- (1) APPOINTMENT.—Upon consultation with son over 7 years. mentary Medical Insurance Trust Fund is the members of the Commission, the Chair- It is also an undeniable fact that in unsustainable; and person shall appoint a Director of the Com- their ill-fated health care reform pro- (4) expeditious action is needed in order to mission. posal, the Clinton administration advo- restore the fiscal health of the medicare pro- (2) COMPENSATION.—The Director shall be cated slowing Medicare’s rate of gram and to maintain this Nation’s commit- paid the rate of basic pay for level V of the ment to senior citizens and to individuals Executive Schedule. growth. with disabilities. Despite these facts, however, the (b) STAFF.—With the approval of the Com- SEC. 4. DUTIES OF THE COMMISSION. mission, the Director may appoint such per- President vetoed our Medicare pro- The Commission shall— sonnel as the Director considers appropriate. posal, and we have heard nothing but (1) review relevant analyses of the current, (c) APPLICABILITY OF CIVIL SERVICE LAWS.— attacks on Republicans for slashing short-term, and long-term financial condi- The staff of the Commission shall be ap- and cutting Medicare. tion of the Federal Hospital Insurance Trust pointed without regard to the provisions of S6084 CONGRESSIONAL RECORD — SENATE June 11, 1996 title 5, United States Code, governing ap- fund will be bankrupt earlier than ex- have served for over 35 years, I am pointments in the competitive service, and pected. In fact, the trustees, of which mindful that in many ways the public shall be paid without regard to the provi- three of the six trustees are members has lost confidence in the ability of sions of chapter 51 and subchapter III of of President Clinton’s Cabinet, indicate legislators to represent their interests, chapter 53 of such title relating to classifica- tion and General Schedule pay rates. that the trust fund may run out of not special interests. (d) EXPERTS AND CONSULTANTS.—With the money as early as calendar year 2000. We should not allow this to continue. approval of the Commission, the Director Senator DOLE’s proposal is consistent Representative Democracy, founded on may procure temporary and intermittent with the recommendations of the Medi- fair and competitive elections, is at the services under section 3109(b) of title 5, Unit- care trustees. The trustees recommend: core of what makes America great. ed States Code. * * * the establishment of a national advi- Yet, concern over how we finance elec- (e) STAFF OF FEDERAL AGENCIES.—Upon the sory group to examine the Medicare Pro- tions threatens to erode the trust the request of the Commission, the head of any gram. The advisory group would collect and American people have in our elected of- Federal agency may detail any of the person- disseminate information and help develop nel of such agency to the Commission to as- ficials. recommendations for effective solutions to As my colleagues know, Congress has sist in carrying out the duties of the Com- the long-term financing problem. This work mission. will be of critical importance to the adminis- tried repeatedly to grapple with this (f) OTHER RESOURCES.—The Commission tration, the Congress and the American pub- issue and largely failed. However, I shall have reasonable access to materials, re- lic in the extensive national discussion that continue to believe that the very na- sources, statistical data, and other informa- any changes would require. ture of the problem makes it difficult tion from the Library of Congress and agen- We are now 2 years closer to insol- to resolve in the normal give and take cies and elected representatives of the execu- of the legislative process. tive and legislative branches of the Federal vency of the Medicare trust fund than Government. The Chairperson of the Com- we were at this time last year. We lost In 1990, for example, Senator Mitchell mission shall make requests for such access a year trying to address the problem, and I appointed a six-member commis- in writing when necessary. and the program is 1 more year closer sion of outside experts to look at this (g) PHYSICAL FACILITIES.—The Adminis- to bankruptcy than we expected. Yet, I issue and report back to us, but the re- trator of the General Services Administra- regret, we are miles away from reach- port was unfortunately ignored by Con- tion shall locate suitable office space for the ing an agreement on a solution. gress. operation of the Commission. The facilities Given the very short time that Medi- I suggested in 1994 and repeatedly shall serve as the headquarters of the Com- since then that a similar commission mission and shall include all necessary care will remain solvent, and given the equipment and incidentals required for the large number of baby boomers who will be constituted to report back to Con- proper functioning of the Commission. be joining the Medicare Program in gress, but with an important dif- SEC. 7. POWERS OF COMMISSION. just a few years, we cannot afford more ference. This time, the report should be (a) HEARINGS.—The Commission may con- delay. It is time to put politics aside in the form of recommended legislative duct public hearings or forums at the discre- and find a solution. language which provides a solution and tion of the Commission, at any time and What is happening to the Medicare Congress should have an opportunity place the Commission is able to secure facili- trust fund is pretty basic. The program for an up and down vote. ties and witnesses, for the purpose of carry- is paying out more than it is taking in. As my colleagues know, both Presi- ing out the duties of the Commission. This simple dynamic, if left unchecked, dent Clinton and Speaker GINGRICH en- (b) DELEGATION OF AUTHORITY.—Any mem- will lead Medicare to bankruptcy in dorsed a similar concept last year when ber or agent of the Commission may, if au- thorized by the Commission, take any action less than 5 years. And, simply put, they met in New Hampshire. the Commission is authorized to take by this bankruptcy of the trust fund means I therefore send to the desk a bill section. there will not be money to pay the hos- that establishes an eight-member com- (c) GIFTS, BEQUESTS, AND DEVISES.—The pital bills of our senior citizens and mission of outside experts. They would Commission may accept, use, and dispose of disabled individuals reliant on Medi- have the broadest possible mandate to gifts, bequests, or devises of services or prop- care. think through this problem, come up erty, both real and personal, for the purpose Again, I believe it is time to put poli- with solutions and report back to Con- of aiding or facilitating the work of the Com- tics aside. A Medicare Reform Commis- gress not more than 30 days after the mission. Gifts, bequests, or devises of money and proceeds from sales of other property re- sion is an important step in the right convening of the 105th Congress. ceived as gifts, bequests, or devises shall be direction to bringing together a bipar- The commission will send Congress deposited in the Treasury and shall be avail- tisan, lasting agreement on resolving legislative language for those rec- able for disbursement upon order of the Com- Medicare’s fiscal crisis. ommendations on which seven mem- mission. The 1983 National Commission on So- bers agree. Congress will consider those (d) MAILS.—The Commission may use the cial Security Reform was an essential recommendations under expedited pro- United States mails in the same manner and catalyst to resolving the then-looming cedures that mirror the fast-track au- under the same conditions as other Federal bankruptcy of Social Security. The thorities in our trade laws. agencies. 1983 Commission brought together peo- I know my colleagues will be grap- SEC. 8. REPORTS. ple in a cooperative bipartisan spirit. pling with this issue soon. However, I Not later than June 30, 1997, the Commis- Ultimately, the work of the Commis- believe that it would be better to take sion shall submit a report to the President sion laid the ground for a solution to this issue out of what is already a and to the Congress on the findings and con- the solvency crisis. I believe a Medi- super-heated partisan atmosphere, and clusions of the Commission. care Reform Commission might be able allow a bipartisan approach to be de- SEC. 9. TERMINATION. to do the same today. veloped that Congress cannot ignore. The Commission shall terminate on the date which is 30 days after the date the Com- We are facing a crisis. A crisis re- Mr. President, I ask unanimous con- mission submits its report to the President quires action. We cannot be a govern- sent that the text of the bill be printed and to the Congress under section 8. ment of empty promises. We must re- in the RECORD. SEC. 10. FUNDING. store Medicare to robust health for our There being no objection, the bill was The Secretary of Health and Human Serv- children and our grandchildren. ordered to be printed in the RECORD, as ices shall provide to the Commission, out of follows: funds otherwise available to such Secretary, By Mr. DOLE: S. 1857 such sums as are necessary to carry out the S. 1857. A bill to establish a biparti- Be it enacted by the Senate and House of Rep- purposes of the Commission. san commission on campaign practices resentatives of the United States of America in Mr. ROTH. Mr. President, I rise as a and provide that its recommendations Congress assembled, cosponsor of legislation introduced by be given expedited consideration; to SECTION 1. SHORT TITLE. the majority leader to establish a Na- the Committee on Rules and Adminis- This Act may be cited as the ‘‘Bipartisan tional Commission on Medicare Re- tration. Campaign Practices Commission Act of form. THE BIPARTISAN CAMPAIGN PRACTICES 1996’’. According to the Medicare trustees’ COMMISSION ACT OF 1996 SEC. 2. ESTABLISHMENT. report released last Wednesday, June 5, Mr. DOLE. Mr. President, as I pre- There is established a commission to be the Medicare hospital insurance trust pare to leave an institution in which I known as the ‘‘Bipartisan Commission on June 11, 1996 CONGRESSIONAL RECORD — SENATE S6085 Campaign Practices’’ (referred to in this Act SEC. 6. RECOMMENDATION; FAST TRACK PROCE- of the Medicare trust fund. This legis- as the ‘‘Commission’’). DURES. lation would have two direct contribu- (a) REPORT.—Not later than 30 days after SEC. 3. DUTIES OF THE COMMISSION. tions to reversing that move toward in- The Commission shall study the laws and the convening of the 105th Congress, the Commission shall submit to Congress a re- solvency. regulations that affect how campaigns for First, it would suture a hemorrhage Federal office are conducted and may make port describing the study conducted under recommendations for change. In studying section 3. of funds out of the Medicare trust fund Federal campaign practices, the Commission (b) RECOMMENDATIONS.—The report under which today are going for fraudulent shall consider— subsection (a) may include any recommenda- bills, and not for service to American (1) whether too much or too little money is tions for changes in the laws (including regu- citizens; and, second, it would assure spent trying to influence campaigns for Fed- lations) governing the conduct of Federal that any funds that were recovered as a eral office and whether the funds that are campaigns, including any changes in the rules of the Senate or the House of Rep- result of these more effective inves- spent are sufficiently disclosed; tigations and prosecutions would go di- (2) whether the current laws (including resentatives, to which 6 or more members of regulations) governing campaigns for Fed- the Commission may agree. rectly back into the Medicare trust eral office encourage or discourage those (c) PREPARATION OF BILLS.—If 7 or more fund in order to restore its financial most qualified to hold office from seeking it; members concur on 1 or more recommenda- base. (3) whether the existing system of financ- tions for changes in the way campaigns for Mr. President, unfortunately the ing campaigns for Federal office promotes Federal office are conducted, the members phrase ‘‘fraud, waste and abuse’’ has trust and confidence in the political process agreeing on each such recommendation shall become discredited. It has been used so among the electorate; prepare for each a bill that would implement the recommendation, and the implementing often as an excuse for not dealing with (4) whether the rules governing access to the more difficult and fundamental media ensure that the electorate has the bill shall be submitted with the report under greatest possible opportunity to be informed subsection (a). problems. Unfortunately, the area of of candidates’ positions on the issues; and (d) CONSIDERATION BY CONGRESS.—Each im- Medicare waste, fraud, and abuse is a (5) such other matters as the Commission plementing bill submitted with the report part of the fundamental problem. It considers appropriate. under subsection (a) shall be given expedited has been estimated that of the $180 bil- SEC. 4. MEMBERSHIP. consideration under the same provisions and lion spent last year on Medicare and on in the same way as an implementing bill for (a) COMPOSITION.—The Commission shall be approximately 36 million Americans’ composed of 9 members of the private sector, a trade agreement under section 151 of the Trade Act of 1974 (19 U.S.C. 2191). health care—$180 billion—10 percent, or as follows: $18 billion, was wasted in fraudulent (1) Two shall be appointed by the Majority SEC. 7. TERMINATION. Leader of the Senate. The Commission shall cease to exist 30 activities. (2) Two shall be appointed by the Speaker days after submission of the report under You might ask why is there such a of the House of Representatives. section 6. high level of fraud in this program of (3) Two shall be appointed by the Presi- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Medicare? Some of the reasons include: dent. There is authorized to be appropriated The amount of money that is being ex- (4) One shall be appointed by the Minority $750,000 to carry out this Act. pended is huge—$180 billion and grow- Leader of the Senate. ing; that it is being spent largely on (5) One shall be appointed by the Minority By Mr. GRAHAM (for himself, populations which have groups within Leader of the House of Representatives. Mr. BAUCUS and Mr. PRYOR): it that are vulnerable to these fraudu- (6) A chairperson shall be appointed in ac- S. 1858. A bill to provide for improved lent schemes; that those people who cordance with subsection (b). coordination, communication, and en- (b) CHAIRPERSON.— wish to perpetrate those schemes are forcement related to health care fraud, (1) SELECTION.—Within 7 days after all the sophisticated shysters and there has waste, and abuse; to the Committee on members described in section 3(a) (1) through been lax enforcement. (5) are appointed, those members shall meet Finance. First and foremost, the General Ac- and by majority vote select a chairperson. THE MEDICARE ANTI-FRAUD ACT OF 1996 (2) FAILURE TO MAKE SELECTION.—If, by the counting Office estimates that the date that is 30 days after the date of the Medicare waste, fraud and abuse rip-off meeting described in subsection (b), the of- By Mr. GRAHAM (for himself, rate is about 10 percent. With fraud pil- fice of chairperson is still vacant, all current and Mr. BAUCUS): fering the health systems’ resources, members of the Commission shall be dis- S. 1859. A bill to create a point of losses to Medicare and the federal charged from further service as members of order against legislation which diverts share of Medicaid could be $30 billion the Commission. savings achieved through medicare annually. Using the most conservative (c) VACANCIES.—A vacancy in the Commis- waste, fraud, and abuse enforcement of estimates, we could cover an addi- sion shall be filled in the manner in which activities for purposes other than im- the original appointment was made. tional 2 million seniors a year with (d) COMPENSATION.—Each member of the proving the solvency of the Federal funds lost just to Medicare waste, Commission shall each be entitled to receive hospital insurance trust fund under fraud, and abuse. the daily equivalent of the annual rate of title XVIII of the Social Security Act, Two million additional Americans basic pay in effect for level V of the Execu- to ensure the integrity of such trust could be covered if those funds could be tive Schedule under section 5316 of title 5, fund, and for other purposes; to the properly directed. United States Code, for each day during Committee on Rules and Administra- Although it is increasingly unlikely which the member is engaged in the actual tion. performance of the duties of the Commis- that a Medicare reform package will sion. THE MEDICARE RESTORE TRUST ACT OF 1996 pass this year in Congress, it would be (e) QUORUM.—Six members of the Commis- Mr. GRAHAM. Mr. President, I rise unconscionable to not pass a Medicare sion shall constitute a quorum, and any deci- today to introduce timely legislation waste, fraud and abuse this year. Rath- sion of the Commission shall require the af- with Senators BAUCUS and PRYOR that er than putting Medicare beneficiaries firmative vote of 6 members. addresses the problem of Medicare at risk of losing coverage or access (f) MEETINGS.—The Commission shall meet fraud and abuse. The two bills, entitled with the cuts envisioned in some legis- at the call of the chairperson or at the re- quest of 6 members of the Commission. the ‘‘Medicare Anti-Fraud Act of 1996’’ lative proposals during this Congress, and the ‘‘Medicare Restore Trust Act we should act instead to combat Medi- SEC. 5. STAFF OF COMMISSION; SERVICES. Subject to such rules as may be adopted by of 1996,’’ would undertake serious and care fraud to protect the health care of the Commission, the chairperson, without strong anti-fraud efforts by the Federal beneficiaries and the Medicare trust regard to the provisions of title 5, United Government based in large part on the fund. States Code, governing appointments in the success of the administration’s recent As the Citizens Against Government competitive service and without regard to Medicare and antifraud effort called Waste wrote in their August 23, 1995, the provisions of chapter 51 and subchapter Operation Restore Trust and ensure report entitled ‘‘Medicare Fraud: Tales III of chapter 53 of that title relating to clas- that savings achieved from such efforts From the Gypped,’’ ‘‘Preserving, pro- sifications and General Schedule pay rates, tecting, and strengthening Medicare may appoint such staff personnel as the are returned to the Medicare trust chairperson considers necessary and procure fund. must be the number one priority for temporary and intermittent services to the Mr. President, we have heard in the Congress and the administration.’’ The same extent as is authorized by section last few days some very troubling re- organization details 89 examples in its 3109(b) of title 5, United States Code. ports about the impending insolvency report and advises that waste, fraud, S6086 CONGRESSIONAL RECORD — SENATE June 11, 1996 and abuse is the first area of needed at- which brings together the HHS Office sion of the confidence of the American tack. of Inspector General, Health Care Fi- people. We must take action now. How did this get to be such a prob- nancing Administration, the Depart- At the signing of the Medicare bill in lem? According to the General Ac- ment of Justice, State Medicaid agen- Missouri 30 years ago, President John- counting Office in its February 1995 re- cies, and State Medicaid fraud control son said Medicare had been planted port entitled ‘‘Medicare Claims,’’ units to combat fraud and abuse. This with ‘‘the seed of compassion and duty ‘‘Physicians, supply companies, or di- legislation would institutionalize these which have today flowered into care for agnostic laboratories have about 3 efforts in all 50 States. the sick and serenity for the fearful.’’ chances out of 1,000 of having Medicare The Department of Health and Medicare has lived up to the promise of audit their billing practices in any Human Services recently released re- President Johnson and President Tru- given year. Moreover, Medicare pays sults from the first year of Operation man. But fraud is rotting away at the more claims with less scrutiny today Restore Trust. The program had $4.09 Medicare system. We have the prescrip- than at any other time over the past 5 million to work with and has added tions to combat fraud. Now is the time years.’’ The GAO continues, ‘‘In fiscal $43.2 million to the Medicare trust fund to employ them if we want to save the year 1993, Medicare processed almost and U.S. Treasury: an 11-to-1 return. integrity of Medicare for future gen- 700 million claims, about 250 million This program has been a great success, erations. more than it processed 5 years earlier. but I agree with June Gibbs Brown that Mr. President, I ask unanimous con- sent that the text of the bills be print- Despite the rising volume of claims, this is the ‘‘tip of the iceberg.’’ per-claim funding for antifraud and To provide adequate resources to go ed in the RECORD. There being no objection, the bills antiabuse activities declined between after the fraud and abuse, we establish were ordered to be printed in the 1989 and 1993 by over 20 percent.’’ a Medicare anti-fraud account for the RECORD, as follows: As a result, FBI Director Louis Freeh Inspector General (IG) and an anti- S. 1858 says cocaine distributors in south Flor- fraud control account for other govern- ida and southern California are switch- Be it enacted by the Senate and House of Rep- ment agency’s use. Funds for the Medi- resentatives of the United States of America in ing from drug dealing to health care care account would be provided by and fraud. The reason: more money with Congress assembled, returned to the Medicare trust fund. SECTION 1. SHORT TITLE; REFERENCES IN ACT; less risk. Drug dealers committing For every $1 spent on prevention, the TABLE OF CONTENTS. health care fraud know that law en- IG uncovers at least $7 in fraud. By (a) SHORT TITLE.—This Act may be cited as forcement is not yet equipped with the using trust fund dollars to augment IG the ‘‘Medicare Antifraud Act of 1996’’. (b) AMENDMENTS TO SOCIAL SECURITY laws needed to effectively attack the operations, the legislation assures that ACT.—Except as otherwise specifically pro- problem. With a program estimated by the IG will continue to have the re- the Congressional Budget Office to be vided, whenever in this Act an amendment is sources necessary to combat fraud and expressed in terms of an amendment to, or spending over $1.6 billion during the abuse without worrying about discre- repeal of, a section or other provision, the next 6 years and with lax laws to com- tionary spending cuts. reference shall be considered to be made to bat abuse, con artists, thieves, and op- This legislation enacts a broad-based that section or other provision of the Social portunists know Medicare is where the Federal statute aimed at suppressing Security Act. (c) TABLE OF CONTENTS.—The table of con- easy money is. Medicare fraud. This enhances the pro- As Republican Congressmen STEVEN tents of this Act is as follows: tection of fraud victims and prescribe SCHIFF and CHRIS SHAYS write, ‘‘cur- Sec. 1. Short title; references in act; table of stiff penalties against those convicted rently there is no Federal crime of contents. of fraud. It institutes a policy, ‘‘one health care fraud. It is difficult to pros- TITLE I—FRAUD AND ABUSE CONTROL strike and you are out,’’ one instance ecute health care-related offenses be- PROGRAM of Medicare fraud and you are out of cause law enforcement must rely on Sec. 101. Fraud and abuse control program. the program for at least 5 years. Sec. 102. Medicare benefit integrity system. wire and mail fraud statutes for their The second bill would establish a Sec. 103. Application of certain health anti- investigations and prosecutions.’’ point of order against any piece of leg- fraud and abuse sanctions to Attacking fraud is crucial to the islation that would divert savings from fraud and abuse against Federal overall Medicare debate for the follow- health programs. ing reasons: anti-fraud, waste and abuse enforce- Sec. 104. Health care fraud and abuse pro- Fraud ought to be the first place we ment activities for any other purpose— vider guidance. look when considering reductions in such as new Federal spending or tax Sec. 105. Medicare/medicaid beneficiary pro- breaks—other than saving the Medi- tection program. Medicare expenditures. Sec. 106. Ensuring the integrity of the Fed- Fraud undermines public confidence care trust fund. This legislation would also ensure that any savings from anti- eral Hospital Insurance Trust in Medicare. We cannot ‘‘fix’’ Medicare Fund. fraud, waste and abuse activities reim- while letting fraud erode the system. TITLE II—REVISIONS TO CURRENT One dollar spent against fraud and burse the up-front investment on en- SANCTIONS FOR FRAUD AND ABUSE forcement and further strengthen the abuse can reduce Medicare Program Sec. 201. Mandatory exclusion from partici- costs by as much as 11 dollars, accord- Medicare trust fund. pation in medicare and State ing to the Health Care Financing Ad- We have all promised to protect Med- health care programs. ministration [HCFA] and demonstrated icare. We can do so by passing com- Sec. 202. Establishment of minimum period by the administration’s effort in Oper- prehensive Medicare waste, fraud, and of exclusion for certain individ- ation Restore Trust. abuse legislation and do it in 1996, thus uals and entities subject to per- Solutions are available. ensuring savings achieved are used to missive exclusion from medi- What can be done to solve this prob- protect Medicare and improve its sol- care and State health care pro- grams. lem? To engage in a comprehensive as- vency. The two bills we are introducing Sec. 203. Permissive exclusion of individuals sault on fraud, particularly within the today—the Medicare Anti-Fraud Act of with ownership or control in- Medicare Program, multiple agencies 1996 and the Medicare Restore Trust terest in sanctioned entities. within the Federal Government will Act—would accomplish these goals. Sec. 204. Sanctions against practitioners and need additional resources. The Inspec- Mr. President, I suggest these two persons for failure to comply tor General testified at a hearing be- pieces of legislation should get the im- with statutory obligations. mediate attention of this Senate. I am Sec. 205. Sanctions against providers for ex- fore the Senate Finance Committee cessive fees or prices. that ‘‘now is the time to implement pleased to see that we have with us Sec. 206. Applicability of the Bankruptcy new legal remedies and reverse the today the chairman of the Senate Fi- Code to program sanctions. downward trend of funding for efforts nance Committee, which I assume will Sec. 207. Intermediate sanctions for medi- to combat health care fraud and be the primary committee of reference care health maintenance orga- abuse.’’ The legislation that I am in- for consideration of this legislation. nizations. Every day that passes allows for fur- Sec. 208. Liability of medicare carriers and troducing today will achieve both of fiscal intermediaries and States these goals. ther waste of Federal taxpayers money for claims submitted by ex- Operation Restore Trust is an effort and further eroding of the solvency of cluded providers. currently underway in five States the Medicare trust fund, further ero- Sec. 209. Effective date. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6087 TITLE III—ADMINISTRATIVE AND ‘‘(D) to provide for the modification and es- ‘‘(2) a contract of a service benefit organi- MISCELLANEOUS PROVISIONS tablishment of safe harbors and to issue ad- zation; and Sec. 301. Establishment of the health care visory opinions and special fraud alerts pur- ‘‘(3) a membership agreement with a health fraud and abuse data collection suant to section 104 of the Medicare Anti- maintenance organization or other prepaid program. fraud Act of 1996, and health plan.’’. Sec. 302. Inspector General access to addi- ‘‘(E) to provide for the reporting and dis- (b) ESTABLISHMENT OF HEALTH CARE FRAUD tional practitioner data bank. closure of certain final adverse actions AND ABUSE CONTROL ACCOUNT IN FEDERAL Sec. 303. Corporate whistleblower program. against health care providers, suppliers, or HOSPITAL INSURANCE TRUST FUND.—Section Sec. 304. Home health billing, payment, and practitioners pursuant to the data collection 1817 (42 U.S.C. 1395i) is amended by adding at cost limit calculation to be system established under section 301 of such the end the following new subsection: Act. based on site where service is ‘‘(k) HEALTH CARE FRAUD AND ABUSE CON- ‘‘(2) COORDINATION WITH HEALTH PLANS.—In furnished. TROL ACCOUNT.— carrying out the program established under Sec. 305. Application of inherent reasonable- ‘‘(1) ESTABLISHMENT.—There is hereby es- ness. paragraph (1), the Secretary and the Attor- tablished in the Trust Fund an expenditure Sec. 306. Clarification of time and filing lim- ney General shall consult with, and arrange account to be known as the ‘Health Care for the sharing of data with representatives itations. Fraud and Abuse Control Account’ (in this of health plans. Sec. 307. Clarification of liability of third subsection referred to as the ‘Account’). ‘‘(3) GUIDELINES.— party administrators. ‘‘(2) APPROPRIATED AMOUNTS TO TRUST ‘‘(A) IN GENERAL.—The Secretary and the Sec. 308. Clarification of payment amounts FUND.— Attorney General shall issue guidelines to to medicare. ‘‘(A) IN GENERAL.—There are hereby appro- carry out the program under paragraph (1). Sec. 309. Increased flexibility in contracting priated to the Trust Fund— The provisions of sections 553, 556, and 557 of for medicare claims processing. ‘‘(i) such gifts and bequests as may be title 5, United States Code, shall not apply in made as provided in subparagraph (B); TITLE IV—CIVIL MONETARY PENALTIES the issuance of such guidelines. ‘‘(ii) such amounts as may be deposited in Sec. 401. Social Security Act civil monetary ‘‘(B) INFORMATION GUIDELINES.— the Trust Fund as provided in title XI; and penalties. ‘‘(i) IN GENERAL.—Guidelines issued under subparagraph (A) shall include guidelines re- ‘‘(iii) such amounts as are transferred to TITLE V—AMENDMENTS TO CRIMINAL the Trust Fund under subparagraph (C). LAW lating to the furnishing of information by health plans, providers, and others to enable ‘‘(B) AUTHORIZATION TO ACCEPT GIFTS.—The Sec. 501. Health care fraud. the Secretary and the Attorney General to Trust Fund is authorized to accept, on behalf Sec. 502. Forfeitures for Federal health care carry out the program (including coordina- of the United States, money gifts and be- offenses. tion with health plans under paragraph (2)). quests made unconditionally to the Trust Sec. 503. Injunctive relief relating to Fed- ‘‘(ii) CONFIDENTIALITY.—Guidelines issued Fund, for the benefit of the Account or any eral health care offenses. under subparagraph (A) shall include proce- activity financed through the Account. Sec. 504. Grand jury disclosure. dures to assure that such information is pro- ‘‘(C) TRANSFER OF AMOUNTS.—The Manag- Sec. 505. False statements. vided and utilized in a manner that appro- ing Trustee shall transfer to the Trust Fund, Sec. 506. Obstruction of criminal investiga- priately protects the confidentiality of the under rules similar to the rules in section tions, audits, or inspections of information and the privacy of individuals 9601 of the Internal Revenue Code of 1986, an Federal health care offenses. receiving health care services and items. amount equal to the sum of the following: Sec. 507. Theft or embezzlement. ‘‘(iii) QUALIFIED IMMUNITY FOR PROVIDING ‘‘(i) Criminal fines recovered in cases in- Sec. 508. Laundering of monetary instru- INFORMATION.—The provisions of section volving a Federal health care offense (as de- ments. 1157(a) (relating to limitation on liability) fined in section 982(a)(6)(B) of title 18, United Sec. 509. Authorized investigative demand shall apply to a person providing informa- States Code). procedures. tion to the Secretary or the Attorney Gen- ‘‘(ii) Civil monetary penalties and assess- TITLE VI—STATE HEALTH CARE FRAUD eral in conjunction with their performance ments imposed in health care cases, includ- CONTROL UNITS of duties under this section. ing amounts recovered under titles XI, XVIII, and XIX, and chapter 38 of title 31, Sec. 601. State health care fraud control ‘‘(4) ENSURING ACCESS TO DOCUMENTATION.— United States Code (except as otherwise pro- units. The Inspector General of the Department of Health and Human Services is authorized to vided by law). TITLE VII—MEDICARE/MEDICAID ‘‘(iii) Amounts resulting from the forfeit- BILLING ABUSE PREVENTION exercise such authority described in para- graphs (3) through (9) of section 6 of the In- ure of property by reason of a Federal health Sec. 701. Uniform medicare/medicaid appli- spector General Act of 1978 (5 U.S.C. App.) as care offense. cation process. necessary with respect to the activities ‘‘(iv) Penalties and damages obtained and Sec. 702. Standards for uniform claims. under the fraud and abuse control program otherwise creditable to miscellaneous re- Sec. 703. Unique provider identification established under this subsection. ceipts of the general fund of the Treasury ob- code. ‘‘(5) AUTHORITY OF INSPECTOR GENERAL.— tained under sections 3729 through 3733 of Sec. 704. Use of new procedures. Nothing in this Act shall be construed to di- title 31, United States Code (known as the Sec. 705. Nondischargeability of certain minish the authority of any Inspector Gen- False Claims Act), in cases involving claims medicare debts. eral, including such authority as is provided related to the provision of health care items TITLE I—FRAUD AND ABUSE CONTROL in the Inspector General Act of 1978 (5 U.S.C. and services (other than funds awarded to a PROGRAM App.). relator, for restitution or otherwise author- ized by law). SEC. 101. FRAUD AND ABUSE CONTROL PRO- ‘‘(b) ADDITIONAL USE OF FUNDS BY INSPEC- ‘‘(3) APPROPRIATED AMOUNTS TO ACCOUNT GRAM. TOR GENERAL.— FOR FRAUD AND ABUSE CONTROL PROGRAM, (a) ESTABLISHMENT OF PROGRAM.—Title XI ‘‘(1) REIMBURSEMENTS FOR INVESTIGA- ETC.— (42 U.S.C. 1301 et seq.) is amended by insert- TIONS.—The Inspector General of the Depart- ‘‘(A) DEPARTMENTS OF HEALTH AND HUMAN ing after section 1128B the following new sec- ment of Health and Human Services is au- SERVICES AND JUSTICE.— tion: thorized to receive and retain for current use reimbursement for the costs of conducting ‘‘(i) IN GENERAL.—There are hereby appro- ‘‘FRAUD AND ABUSE CONTROL PROGRAM investigations and audits and for monitoring priated to the Account from the Trust Fund ‘‘SEC. 1128C. (a) ESTABLISHMENT OF PRO- compliance plans when such costs are or- such sums as the Secretary and the Attorney GRAM.— dered by a court, voluntarily agreed to by General certify are necessary to carry out ‘‘(1) IN GENERAL.—Not later than January the payor, or otherwise. the purposes described in subparagraph (C), 1, 1997, the Secretary, acting through the Of- ‘‘(2) CREDITING.—Funds received by the In- to be available without further appropria- fice of the Inspector General of the Depart- spector General under paragraph (1) as reim- tion, in an amount not to exceed— ment of Health and Human Services, and the bursement for costs of conducting investiga- ‘‘(I) for fiscal year 1997, $104,000,000; Attorney General shall establish a pro- tions shall be deposited to the credit of the ‘‘(II) for each of the fiscal years 1998 gram— appropriation from which initially paid, or through 2003, the limit for the preceding fis- ‘‘(A) to coordinate Federal, State, and to appropriations for similar purposes cur- cal year, increased by 15 percent; and local law enforcement programs to control rently available at the time of deposit, and ‘‘(III) for each fiscal year after fiscal year fraud and abuse with respect to health plans, shall remain available for obligation for 1 2003, the limit for fiscal year 2003. ‘‘(B) to conduct investigations, audits, year from the date of the deposit of such ‘‘(ii) MEDICARE AND MEDICAID ACTIVITIES.— evaluations, and inspections relating to the funds. For each fiscal year, of the amount appro- delivery of and payment for health care in ‘‘(c) HEALTH PLAN DEFINED.—For purposes priated in clause (i), the following amounts the United States, of this section, the term ‘health plan’ means shall be available only for the purposes of ‘‘(C) to facilitate the enforcement of the a plan or program that provides health bene- the activities of the Office of the Inspector provisions of sections 1128, 1128A, and 1128B fits, whether directly, through insurance, or General of the Department of Health and and other statutes applicable to health care otherwise, and includes— Human Services with respect to the medi- fraud and abuse, ‘‘(1) a policy of health insurance; care and medicaid programs— S6088 CONGRESSIONAL RECORD — SENATE June 11, 1996 ‘‘(I) for fiscal year 1997, not less than and the justification for such disbursements, SEC. 103. APPLICATION OF CERTAIN HEALTH $60,000,000 and not more than $70,000,000; by the Account in each fiscal year.’’. ANTIFRAUD AND ABUSE SANCTIONS ‘‘(II) for fiscal year 1998, not less than TO FRAUD AND ABUSE AGAINST SEC. 102. MEDICARE BENEFIT INTEGRITY SYS- FEDERAL HEALTH PROGRAMS. $80,000,000 and not more than $90,000,000; TEM. (a) CRIMES.— ‘‘(III) for fiscal year 1999, not less than Part C of title XVIII (42 U.S.C. 1395 et seq.) (1) SOCIAL SECURITY ACT.—Section 1128B (42 $90,000,000 and not more than $100,000,000; is amended by inserting after section 1888 U.S.C. 1320a–7b) is amended as follows: ‘‘(IV) for fiscal year 2000, not less than the following new section: (A) In the heading, by striking ‘‘MEDICARE $110,000,000 and not more than $120,000,000; OR STATE HEALTH CARE PROGRAMS’’ and in- ‘‘(V) for fiscal year 2001, not less than ‘‘MEDICARE BENEFIT INTEGRITY CONTRACTS serting ‘‘FEDERAL HEALTH CARE PROGRAMS’’. $120,000,000 and not more than $130,000,000; ‘‘SEC. 1889. (a) AUTHORITY TO CONTRACT.— (B) In subsection (a)(1), by striking ‘‘a pro- ‘‘(1) IN GENERAL.—In order to improve the ‘‘(VI) for fiscal year 2002, not less than gram under title XVIII or a State health effectiveness of benefit quality assurance ac- $140,000,000 and not more than $150,000,000; care program (as defined in section 1128(h))’’ tivities relating to programs under this title, and and inserting ‘‘a Federal health care pro- and to enhance the Secretary’s capability of ‘‘(VII) for each fiscal year after fiscal year gram (as defined in subsection (f))’’. carrying out program safeguard functions 2002, not less than $150,000,000 and not more (C) In subsection (a)(5), by striking ‘‘a pro- and related education activities to avoid the than $160,000,000. gram under title XVIII or a State health improper expenditure of assets of the Federal ‘‘(B) FEDERAL BUREAU OF INVESTIGATION.— care program’’ and inserting ‘‘a Federal Hospital Insurance Trust Fund and the Fed- There are hereby appropriated from the gen- health care program (as defined in sub- eral Supplementary Medical Insurance Trust eral fund of the United States Treasury and section (f))’’. Fund, the Secretary shall enter into con- hereby appropriated to the Account for (D) In the second sentence of subsection tracts with organizations or other entities transfer to the Federal Bureau of Investiga- (a)— having demonstrated the capability to carry tion to carry out the purposes described in (i) by striking ‘‘a State plan approved out one or more benefit quality assurance subparagraph (C), to be available without under title XIX’’ and inserting ‘‘a Federal activities. The provisions of sections 1816 and further appropriation— health care program (as defined in sub- 1842 shall be inapplicable to contracts under ‘‘(i) for fiscal year 1997, $47,000,000; section (f))’’; and this section. ‘‘(ii) for fiscal year 1998, $56,000,000; (ii) by striking ‘‘the State may at its op- ‘‘(2) NUMBER OF CONTRACTS.—The Secretary ‘‘(iii) for fiscal year 1999, $66,000,000; tion (notwithstanding any other provision of shall determine the number of separate con- ‘‘(iv) for fiscal year 2000, $76,000,000; that title or of such plan)’’ and inserting tracts which are necessary to achieve, with ‘‘(v) for fiscal year 2001, $88,000,000; ‘‘the administrator of such program may at the maximum degree of efficiency and cost- ‘‘(vi) for fiscal year 2002, $101,000,000; and its option (notwithstanding any other provi- effectiveness, the objectives of this section. ‘‘(vii) for each fiscal year after fiscal year sion of such program)’’. The Secretary may enter into contracts 2002, $114,000,000. (E) In subsection (b)— under this section at such time or times as ‘‘(C) USE OF FUNDS.—The purposes de- (i) by striking ‘‘and willfully’’ each place it are appropriate so long as not later than the scribed in this subparagraph are to cover the appears; fiscal year beginning October 1, 1998, and for costs (including equipment, salaries, bene- (ii) by striking ‘‘$25,000’’ each place it ap- each fiscal year thereafter, there are in ef- fits, travel, and training) of the administra- pears and inserting ‘‘$50,000’’; fect contracts that, considered collectively, tion and operation of the health care fraud (iii) by striking ‘‘title XVIII or a State provide for benefit quality assurance activi- and abuse control program established under health care program’’ each place it appears ties with respect to all payments under this section 1128C(a), including the costs of— and inserting ‘‘Federal health care program title. ‘‘(i) prosecuting health care matters (as defined in subsection (f))’’; (through criminal, civil, and administrative ‘‘(b) CONTRACT REQUIREMENTS.—A benefit (iv) in paragraph (1) in the matter preced- proceedings); quality assurance contract entered into ing subparagraph (A), by striking ‘‘kind—’’ ‘‘(ii) investigations; under subsection (a) must provide for one or and inserting ‘‘kind with intent to be influ- ‘‘(iii) financial and performance audits of more benefit quality assurance program ac- enced—’’; health care programs and operations; tivities. Each such contract shall include an (v) in paragraph (1)(A), by striking ‘‘in re- ‘‘(iv) inspections and other evaluations; agreement by the contractor to cooperate turn for referring’’ and inserting ‘‘to refer’’; and with the Inspector General of the Depart- (vi) in paragraph (1)(B), by striking ‘‘in re- ‘‘(v) provider and consumer education re- ment of Health and Human Services, and the turn for purchasing, leasing, ordering, or ar- garding compliance with the provisions of Attorney General, and other law enforce- ranging for or recommending’’ and inserting title XI. ment agencies, as appropriate, in the inves- ‘‘to purchase, lease, order, or arrange for or ‘‘(4) APPROPRIATED AMOUNTS TO ACCOUNT tigation and deterrence of fraud and abuse in recommend’’; FOR MEDICARE BENEFIT INTEGRITY SYSTEM.— relation to this title and in other cases aris- (vii) in paragraph (2) in the matter preced- ‘‘(A) IN GENERAL.—There are hereby appro- ing out of the activities described in such ing subparagraph (A), by striking ‘‘to induce priated to the Account from the Trust Fund section, and shall contain such other provi- such person’’ and inserting ‘‘with intent to for each fiscal year such amounts as are nec- sions as the Secretary finds necessary or ap- influence such person’’; essary to carry out the Medicare Benefit In- propriate to achieve the purposes of this (viii) by adding at the end of paragraphs (1) tegrity System under section 1889, subject to part. The provisions of section 1153(e)(1) shall and (2) the following sentence: ‘‘A violation subparagraph (B), to be available without apply to contracts and contracting authority exists under this paragraph if one or more further appropriation. under this section, except that competitive purposes of the remuneration is unlawful ‘‘(B) AMOUNTS SPECIFIED.—The amount ap- procedures must be used when entering into under this paragraph.’’; propriated under subparagraph (A) for a fis- new contracts under this section, or at any (ix) by redesignating paragraph (3) as para- cal year is as follows: other time when it is in the best interests of graph (4); ‘‘(i) For fiscal year 1997, such amount shall the United States. A contract under this sec- (x) in paragraph (4) (as redesignated) in the be not less than $430,000,000 and not more tion may be renewed from term to term matter preceding subparagraph (A), by strik- than $440,000,000. without regard to any provision of law re- ing ‘‘Paragraphs (1) and (2)’’ and inserting ‘‘(ii) For fiscal year 1998, such amount quiring competition if the contractor has ‘‘Paragraphs (1), (2), and (3)’’; and shall be not less than $490,000,000 and not met or exceeded the performance require- (xi) by inserting after paragraph (2) the fol- more than $500,000,000. ments established in the current contract. lowing new paragraph: ‘‘(iii) For fiscal year 1999, such amount ‘‘(c) LIMITATIONS.— ‘‘(3)(A) The Attorney General may bring an shall be not less than $550,000,000 and not ‘‘(1) IN GENERAL.—In carrying out this sec- action in the district courts to impose upon more than $560,000,000. tion, the Secretary may not enter into a con- any person who carries out any activity in ‘‘(iv) For fiscal year 2000, such amount tract with an organization or other entity if violation of this subsection a civil penalty of shall be not less than $620,000,000 and not the Secretary determines that such organi- not less than $25,000 and not more than more than $630,000,000. zation’s or entity’s financial holdings, inter- $50,000 for each such violation, plus three ‘‘(v) For fiscal year 2001, such amount shall ests, or relationships would interfere with its times the total remuneration offered, paid, be not less than $670,000,000 and not more ability to perform the functions to be re- solicited, or received. than $680,000,000. quired by the contract in an effective and ‘‘(B) A violation exists under this para- ‘‘(vi) For fiscal year 2002, such amount impartial manner. graph if one or more purposes of the remu- shall be not less than $690,000,000 and not ‘‘(2) LIMITATION OF LIABILITY.—The Sec- neration is unlawful, and the damages shall more than $700,000,000. retary shall by regulation provide for the be the full amount of such remuneration. ‘‘(vii) For each fiscal year after fiscal year limitation of a contractor’s liability for ac- ‘‘(C) Section 3731 of title 31, United States 2002, such amount shall be not less than tions taken to carry out a contract under Code, and the Federal Rules of Civil Proce- $710,000,000 and not more than $720,000,000. this section, and such regulations shall, to dure shall apply to actions brought under ‘‘(5) ANNUAL REPORT.—The Secretary and the extent the Secretary finds appropriate, this paragraph. the Attorney General shall submit jointly an employ the same or comparable standards ‘‘(D) The provisions of this paragraph do annual report to Congress on the amount of and other substantive and procedural provi- not affect the availability of other criminal revenue which is generated and disbursed, sions as are contained in section 1157.’’. and civil remedies for such violations.’’. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6089 (F) In subsection (c), by inserting ‘‘(as de- (iv) special fraud alerts to be issued pursu- rule within the meaning of section 553(b) of fined in section 1128(h))’’ after ‘‘a State ant to subsection (c). title 5, United States Code. All interpretive health care program’’. (B) PUBLICATION OF PROPOSED MODIFICA- rulings issued pursuant to this clause shall (G) By adding at the end the following new TIONS AND PROPOSED ADDITIONAL SAFE HAR- be published in the Federal Register or oth- subsections: BORS.—After considering the proposals de- erwise made available for public inspection. ‘‘(f) For purposes of this section, the term scribed in clauses (i) and (ii) of subparagraph (ii) REASONS FOR DENIAL.—If the Inspector ‘Federal health care program’ means— (A), the Secretary, in consultation with the General does not issue an interpretive ruling ‘‘(1) any plan or program that provides Attorney General, shall publish in the Fed- in response to a request described in sub- health benefits, whether directly, through eral Register proposed modifications to ex- paragraph (A), the Inspector General shall insurance, or otherwise, which is funded, in isting safe harbors and proposed additional notify the requesting party of such decision whole or in part, by the United States Gov- safe harbors, if appropriate, with a 60-day not later than 120 days after receiving such a ernment; or comment period. After considering any pub- request and shall identify the reasons for ‘‘(2) any State health care program, as de- lic comments received during this period, such decision. fined in section 1128(h). the Secretary shall issue final rules modify- (2) CRITERIA FOR INTERPRETIVE RULINGS.— ‘‘(g)(1) The Inspector General of the depart- ing the existing safe harbors and establish- (A) IN GENERAL.—In determining whether ments and agencies with a Federal health ing new safe harbors, as appropriate. to issue an interpretive ruling under para- care program may conduct an investigation (C) REPORT.—The Inspector General of the graph (1)(B), the Inspector General may con- or audit relating to violations of this section Department of Health and Human Services sider— and claims within the jurisdiction of other (in this section referred to as the ‘‘Inspector (i) whether and to what extent the request Federal departments or agencies if the fol- General’’) shall, in an annual report to Con- identifies an ambiguity within the language lowing conditions are satisfied: gress or as part of the year-end semiannual of the statute, the existing safe harbors, or ‘‘(A) The investigation or audit involves report required by section 5 of the Inspector previous interpretive rulings; and primarily claims submitted to the Federal General Act of 1978 (5 U.S.C. App.), describe (ii) whether the subject of the requested in- health care programs of the department or the proposals received under clauses (i) and terpretive ruling can be adequately ad- agency conducting the investigation or (ii) of subparagraph (A) and explain which dressed by interpretation of the language of audit. proposals were included in the publication ‘‘(B) The Inspector General of the depart- the statute, the existing safe harbor rules, or described in subparagraph (B), which propos- previous interpretive rulings, or whether the ment or agency conducting the investigation als were not included in that publication, or audit gives notice and an opportunity to request would require a substantive ruling and the reasons for the rejection of the pro- (as defined in section 552 of title 5, United participate in the investigation or audit to posals that were not included. the Inspector General of the department or States Code) not authorized under this sub- (2) CRITERIA FOR MODIFYING AND ESTABLISH- section. agency with primary jurisdiction over the ING SAFE HARBORS.—In modifying and estab- Federal health care programs to which the (B) NO RULINGS ON FACTUAL ISSUES.—The lishing safe harbors under paragraph (1)(B), Inspector General shall not give an interpre- claims were submitted. the Secretary may consider the extent to ‘‘(2) If the conditions specified in para- tive ruling on any factual issue, including which providing a safe harbor for the speci- the intent of the parties or the fair market graph (1) are fulfilled, the Inspector General fied payment practice may result in any of value of particular leased space or equip- of the department or agency conducting the the following: ment. investigation or audit may exercise all pow- (A) An increase or decrease in access to (c) SPECIAL FRAUD ALERTS.— ers granted under the Inspector General Act health care services. (1) IN GENERAL.— of 1978 (5 U.S.C. App.) with respect to the (B) An increase or decrease in the quality (A) REQUEST FOR SPECIAL FRAUD ALERTS.— claims submitted to the other departments of health care services. Any person may present, at any time, a re- or agencies to the same manner and extent (C) An increase or decrease in patient free- as provided in that Act with respect to dom of choice among health care providers. quest to the Inspector General for a notice claims submitted to such departments or (D) An increase or decrease in competition which informs the public of practices which agencies.’’. among health care providers. the Inspector General considers to be suspect (2) IDENTIFICATION OF COMMUNITY SERVICE (E) An increase or decrease in the ability or of particular concern under section OPPORTUNITIES.—Section 1128B (42 U.S.C. of health care facilities to provide services in 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b), as amended by paragraph (1), is medically underserved areas or to medically 1320a–7b(b)) (in this subsection referred to as amended by adding at the end the following underserved populations. a ‘‘special fraud alert’’). new subsection: (F) An increase or decrease in the cost to (B) ISSUANCE AND PUBLICATION OF SPECIAL ‘‘(h) The Secretary may— FRAUD ALERTS.—Upon receipt of a request de- ‘‘(1) in consultation with State and local Federal health care programs (as defined in section 1128B(f) of the Social Security Act (42 scribed in subparagraph (A), the Inspector health care officials, identify opportunities General shall investigate the subject matter for the satisfaction of community service ob- U.S.C. 1320a–7b(f)). (G) An increase or decrease in the poten- of the request to determine whether a special ligations that a court may impose upon the fraud alert should be issued. If appropriate, conviction of an offense under this section; tial overutilization of health care services. (H) The existence or nonexistence of any the Inspector General shall issue a special and fraud alert in response to the request. All ‘‘(2) make information concerning such op- potential financial benefit to a health care professional or provider which may vary special fraud alerts issued pursuant to this portunities available to Federal and State subparagraph shall be published in the Fed- law enforcement officers and State and local based on their decisions of— (i) whether to order a health care item or eral Register. health care officials.’’. (2) CRITERIA FOR SPECIAL FRAUD ALERTS.— (b) EFFECTIVE DATE.—The amendments service; or In determining whether to issue a special made by this section shall take effect on (ii) whether to arrange for a referral of fraud alert upon a request described in para- January 1, 1997. health care items or services to a particular practitioner or provider. graph (1), the Inspector General may con- SEC. 104. HEALTH CARE FRAUD AND ABUSE PRO- sider— VIDER GUIDANCE. (I) Any other factors the Secretary deems (A) whether and to what extent the prac- (a) SOLICITATION AND PUBLICATION OF MODI- appropriate in the interest of preventing tices that would be identified in the special FICATIONS TO EXISTING SAFE HARBORS AND fraud and abuse in Federal health care pro- NEW SAFE HARBORS.— grams (as so defined). fraud alert may result in any of the con- (1) IN GENERAL.— (b) INTERPRETIVE RULINGS.— sequences described in subsection (a)(2); and (A) SOLICITATION OF PROPOSALS FOR SAFE (1) IN GENERAL.— (B) the volume and frequency of the con- HARBORS.—Not later than January 1, 1997, (A) REQUEST FOR INTERPRETIVE RULING.— duct that would be identified in the special and not less than annually thereafter, the Any person may present, at any time, a re- fraud alert. Secretary shall publish a notice in the Fed- quest to the Inspector General for a state- SEC. 105. MEDICARE/MEDICAID BENEFICIARY eral Register soliciting proposals, which will ment of the Inspector General’s current in- PROTECTION PROGRAM. be accepted during a 60-day period, for— terpretation of the meaning of a specific as- (a) ESTABLISHMENT OF PROGRAM.—Not later (i) modifications to existing safe harbors pect of the application of sections 1128A and than January 1, 1997, the Secretary (through issued pursuant to section 14(a) of the Medi- 1128B of the Social Security Act (42 U.S.C. the Administrator of the Health Care Fi- care Patient and Program Protection Act of 1320a–7a and 1320a–7b) (in this section re- nancing Administration and the Inspector 1987 (42 U.S.C. 1320a–7b note); ferred to as an ‘‘interpretive ruling’’). General of the Department of Health and (ii) additional safe harbors specifying pay- (B) ISSUANCE AND EFFECT OF INTERPRETIVE Human Services) shall establish the Medi- ment practices that shall not be treated as a RULING.— care/Medicaid Beneficiary Protection Pro- criminal offense under section 1128B(b) of the (i) IN GENERAL.—If appropriate, the Inspec- gram. Under such program the Secretary Social Security Act (42 U.S.C. 1320a–7b(b)) tor General shall in consultation with the shall— and shall not serve as the basis for an exclu- Attorney General, issue an interpretive rul- (1) educate medicare and medicaid bene- sion under section 1128(b)(7) of such Act (42 ing not later than 120 days after receiving a ficiaries regarding— U.S.C. 1320a–7(b)(7)); request described in subparagraph (A). Inter- (A) medicare and medicaid program cov- (iii) interpretive rulings to be issued pursu- pretive rulings shall not have the force of erage; ant to subsection (b); and law and shall be treated as an interpretive (B) fraudulent and abusive practices; S6090 CONGRESSIONAL RECORD — SENATE June 11, 1996 (C) medically unnecessary health care than those specifically described in para- the period of the exclusion shall be not less items and services; and graph (1)) operated by or financed in whole than 1 year.’’. (D) substandard health care items and or in part by any Federal, State, or local SEC. 203. PERMISSIVE EXCLUSION OF INDIVID- services; government agency, of a criminal offense UALS WITH OWNERSHIP OR CON- (2) identify and publicize fraudulent and consisting of a felony relating to fraud, TROL INTEREST IN SANCTIONED EN- abusive practices with respect to the deliv- theft, embezzlement, breach of fiduciary re- TITIES. ery of health care items and services; and sponsibility, or other financial misconduct.’’. Section 1128(b) (42 U.S.C. 1320a–7(b)) is (3) establish a procedure for the reporting (2) CONFORMING AMENDMENT.—Paragraph amended by adding at the end the following of fraudulent and abusive health care provid- (1) of section 1128(b) (42 U.S.C. 1320a–7(b)) is new paragraph: ers, practitioners, claims, items, and serv- amended to read as follows: ‘‘(15) INDIVIDUALS CONTROLLING A SANC- ices to appropriate law enforcement and ‘‘(1) CONVICTION RELATING TO FRAUD.—Any TIONED ENTITY.—Any individual who has a di- payer agencies. individual or entity that has been convicted rect or indirect ownership or control interest (b) RECOGNITION AND PUBLICATION OF CON- after the date of the enactment of the Medi- of 5 percent or more, or an ownership or con- TRIBUTIONS.—The program established by the care Antifraud Act of 1996, under Federal or trol interest (as defined in section 1124(a)(3)) Secretary under this section shall recognize State law— in, or who is an officer or managing em- and publicize significant contributions made ‘‘(A) of a criminal offense consisting of a ployee (as defined in section 1126(b)) of, an by individual health care patients toward misdemeanor relating to fraud, theft, embez- entity— the combating of health care fraud and zlement, breach of fiduciary responsibility, ‘‘(A) that has been convicted of any offense abuse. or other financial misconduct— described in subsection (a) or in paragraph (c) DISSEMINATION OF INFORMATION.—The ‘‘(i) in connection with the delivery of a (1), (2), or (3) of this subsection; or Secretary shall provide for the broad dis- health care item or service, or ‘‘(B) that has been excluded from participa- semination of information regarding the ‘‘(ii) with respect to any act or omission in tion under a program under title XVIII or Medicare/Medicaid Beneficiary Protection a health care program (other than those spe- under a State health care program (as de- Program. cifically described in subsection (a)(1)) oper- fined in subsection (h)).’’. SEC. 106. ENSURING THE INTEGRITY OF THE FED- ated by or financed in whole or in part by SEC. 204. SANCTIONS AGAINST PRACTITIONERS ERAL HOSPITAL INSURANCE TRUST any Federal, State, or local government AND PERSONS FOR FAILURE TO FUND. agency; or COMPLY WITH STATUTORY OBLIGA- (a) DETERMINATION.—Prior to the end of ‘‘(B) of a criminal offense relating to fraud, TIONS. each fiscal year, the Secretary of Health and theft, embezzlement, breach of fiduciary re- (a) MINIMUM PERIOD OF EXCLUSION FOR Human Services (in this section referred to sponsibility, or other financial misconduct PRACTITIONERS AND PERSONS FAILING TO as the ‘‘Secretary’’) and the Attorney Gen- with respect to any act or omission in a pro- MEET STATUTORY OBLIGATIONS.— eral shall jointly determine— gram (other than a health care program) op- (1) IN GENERAL.—The second sentence of (1) the portion of the costs charged during erated by or financed in whole or in part by section 1156(b)(1) (42 U.S.C. 1320c–5(b)(1)) is such fiscal year to any account established any Federal, State, or local government amended by striking ‘‘may prescribe)’’ and within the Federal Hospital Insurance Trust agency.’’. inserting ‘‘may prescribe, except that such Fund under title XVIII of the Social Secu- (b) INDIVIDUAL CONVICTED OF FELONY RE- period may not be less than 1 year)’’. rity Act (42 U.S.C. 1395 et seq.) to combat LATING TO CONTROLLED SUBSTANCE.— (2) CONFORMING AMENDMENT.—Section health care waste, fraud, and abuse, which do (1) IN GENERAL.—Section 1128(a) (42 U.S.C. 1156(b)(2) (42 U.S.C. 1320c–5(b)(2)) is amended not relate to the administration of the medi- 1320a–7(a)), as amended by subsection (a), is by striking ‘‘shall remain’’ and inserting care program; and amended by adding at the end the following ‘‘shall (subject to the minimum period speci- (2) the amount of funds deposited into such new paragraph: fied in the second sentence of paragraph (1)) account of such trust fund during such fiscal ‘‘(4) FELONY CONVICTION RELATING TO CON- remain’’. year that were attributable to enforcement TROLLED SUBSTANCE.—Any individual or en- (b) REPEAL OF ‘‘UNWILLING OR UNABLE’’ activities that were intended to combat tity that has been convicted after the date of CONDITION FOR IMPOSITION OF SANCTION.— health care waste, fraud, and abuse, which do the enactment of the Medicare Antifraud Act Section 1156(b)(1) (42 U.S.C. 1320c–5(b)(1)) is not relate to the administration of the medi- of 1996, under Federal or State law, of a amended— care program. criminal offense consisting of a felony relat- (1) in the second sentence, by striking ‘‘and (b) CERTIFICATION.—If the portion deter- ing to the unlawful manufacture, distribu- determines’’ and all that follows through mined under paragraph (1) of subsection (a) tion, prescription, or dispensing of a con- ‘‘such obligations,’’; and exceeds the amount determined under para- trolled substance.’’. (2) by striking the third sentence. graph (2) of such subsection, the Secretary (2) CONFORMING AMENDMENT.—Section SEC. 205. SANCTIONS AGAINST PROVIDERS FOR and the Attorney General shall certify to the 1128(b)(3) (42 U.S.C. 1320a–7(b)(3)) is amend- EXCESSIVE FEES OR PRICES. Secretary of the Treasury the amount, which ed— Section 1128(b)(6)(A) (42 U.S.C. 1320a– shall be equal to the amount of such excess, (A) in the heading, by striking ‘‘CONVIC- 7(b)(6)(A)) is amended— which should be transferred from the Gen- TION’’ and inserting ‘‘MISDEMEANOR CONVIC- (1) by inserting ‘‘(as specified by the Sec- eral Fund of the Treasury to such trust fund, TION’’; and retary in regulations)’’ after ‘‘substantially in order to ensure that such trust fund is (B) by striking ‘‘criminal offense’’ and in- in excess of such individual’s or entity’s fully reimbursed for any expenditures made serting ‘‘criminal offense consisting of a mis- usual charges’’; and from the account described in subsection (a) demeanor’’. (2) by striking ‘‘(or, in applicable cases, that are not related to the administration of SEC. 202. ESTABLISHMENT OF MINIMUM PERIOD substantially in excess of such individual’s the medicare program under title XVIII of OF EXCLUSION FOR CERTAIN INDI- or entity’s costs)’’ and inserting ‘‘, costs or the Social Security Act. VIDUALS AND ENTITIES SUBJECT TO fees’’. PERMISSIVE EXCLUSION FROM MED- (c) TRANSFER OF FUNDS.—The Secretary of SEC. 206. APPLICABILITY OF THE BANKRUPTCY the Treasury shall transfer to such trust ICARE AND STATE HEALTH CARE PROGRAMS. CODE TO PROGRAM SANCTIONS. fund from the General Fund of the Treasury, Section 1128(c)(3) (42 U.S.C. 1320a–7(c)(3)) is (a) EXCLUSION OF INDIVIDUALS AND ENTITIES out of any funds in the General Fund that amended by adding at the end the following FROM PARTICIPATION IN FEDERAL HEALTH are not otherwise appropriated, an amount new subparagraphs: CARE PROGRAMS.—Section 1128 (42 U.S.C. equal to the amount certified under sub- ‘‘(D) In the case of an exclusion of an indi- 1320a–7) is amended by adding at the end the section (b). vidual or entity under paragraph (1), (2), or following new subsection: TITLE II—REVISIONS TO CURRENT (3) of subsection (b), the period of the exclu- ‘‘(j) APPLICABILITY OF BANKRUPTCY PROVI- SANCTIONS FOR FRAUD AND ABUSE sion shall be 3 years, unless the Secretary SIONS.—An exclusion imposed under this sec- SEC. 201. MANDATORY EXCLUSION FROM PAR- determines in accordance with published reg- tion is not subject to the automatic stay im- TICIPATION IN MEDICARE AND ulations that a shorter period is appropriate posed under section 362 of title 11, United STATE HEALTH CARE PROGRAMS. because of mitigating circumstances or that States Code.’’. (a) INDIVIDUAL CONVICTED OF FELONY RE- a longer period is appropriate because of ag- (b) CIVIL MONETARY PENALTIES.—Section LATING TO HEALTH CARE FRAUD.— gravating circumstances. 1128A(a) (42 U.S.C. 1320a–7a(a)) is amended by (1) IN GENERAL.—Section 1128(a) (42 U.S.C. ‘‘(E) In the case of an exclusion of an indi- adding at the end the following sentence: 1320a–7(a)) is amended by adding at the end vidual or entity under paragraph (4) or (5) of ‘‘An exclusion imposed under this subsection the following new paragraph: subsection (b), the period of the exclusion is not subject to the automatic stay imposed ‘‘(3) FELONY CONVICTION RELATING TO shall not be less than the period during under section 362 of title 11, United States HEALTH CARE FRAUD.—Any individual or en- which the individual’s or entity’s license to Code, and any penalties and assessments im- tity that has been convicted after the date of provide health care is revoked, suspended, or posed under this section shall be non- the enactment of the Medicare Antifraud Act surrendered, or the individual or the entity dischargeable under the provisions of such of 1996, under Federal or State law, in con- is excluded or suspended from a Federal or title.’’. nection with the delivery of a health care State health care program. (c) OFFSET OF PAYMENTS TO INDIVIDUALS.— item or service or with respect to any act or ‘‘(F) In the case of an exclusion of an indi- Section 1892(a)(4) (42 U.S.C. 1395ccc(a)(4)) is omission in a health care program (other vidual or entity under subsection (b)(6)(B), amended by adding at the end the following June 11, 1996 CONGRESSIONAL RECORD — SENATE S6091 sentence: ‘‘An exclusion imposed under para- ‘‘(D) the Secretary provides the organiza- excluded pursuant to section 1128, 1128A, or graph (2)(C)(ii) or paragraph (3)(B) is not sub- tion with reasonable notice and opportunity 1156 from participation in the program under ject to the automatic stay imposed under for hearing (including the right to appeal an this title, if the amounts are paid after the section 362 of title 11, United States Code.’’. initial decision) before imposing any sanc- Secretary notifies the carrier of the exclu- SEC. 207. INTERMEDIATE SANCTIONS FOR MEDI- tion or terminating the contract.’’. sion; and’’. CARE HEALTH MAINTENANCE ORGA- (4) CONFORMING AMENDMENTS.—Section (3) REQUIREMENTS FOR STATES.—Section NIZATIONS. 1876(i)(6)(B) (42 U.S.C. 1395mm(i)(6)(B)) is 1902(a)(39) (42 U.S.C. 1396a(a)(39)) is amended (a) APPLICATION OF INTERMEDIATE SANC- amended by striking the second sentence. by striking the semicolon at the end and in- TIONS FOR PROGRAM VIOLATIONS.— (b) AGREEMENTS WITH PEER REVIEW ORGA- serting ‘‘, and provide further for reimburse- (1) IN GENERAL.—Section 1876(i)(1) (42 NIZATIONS.— ment to the Secretary of any payments made U.S.C. 1395mm(i)(1)) is amended by striking (1) REQUIREMENT FOR WRITTEN AGREE- under the plan for any item or service fur- ‘‘the Secretary may terminate’’ and all that MENT.—Section 1876(i)(7)(A) (42 U.S.C. nished, directed, or prescribed by the ex- follows and inserting ‘‘in accordance with 1395mm(i)(7)(A)) is amended by striking ‘‘an cluded individual or entity during such pe- procedures established under paragraph (9), agreement’’ and inserting ‘‘a written agree- riod, after the Secretary notifies the State of the Secretary may at any time terminate ment’’. such exclusion;’’. any such contract or may impose the inter- (2) DEVELOPMENT OF MODEL AGREEMENT.— (b) CONFORMING REPEAL OF MANDATORY mediate sanctions described in paragraph Not later than July 1, 1997, the Secretary PAYMENT RULE.—Section 1862(e)(2) (42 U.S.C. (6)(B) or (6)(C) (whichever is applicable) on shall develop a model of the agreement that 1395y(e)(2)) is amended to read as follows: the eligible organization if the Secretary de- an eligible organization with a risk-sharing ‘‘(2) No individual or entity may bill (or termines that the organization— contract under section 1876 of the Social Se- collect any amount from) any individual for ‘‘(A) has failed substantially to carry out curity Act (42 U.S.C. 1395mm) must enter any item or service for which payment is de- the contract; into with an entity providing peer review nied under paragraph (1). No person is liable ‘‘(B) is carrying out the contract in a man- services with respect to services provided by for payment of any amounts billed for such ner substantially inconsistent with the effi- the organization under section 1876(i)(7)(A) of an item or service in violation of the pre- cient and effective administration of this such Act (42 U.S.C. 1395mm(i)(7)(A)). vious sentence.’’. (3) REPORT BY GAO.— section; or SEC. 209. EFFECTIVE DATE. ‘‘(C) no longer substantially meets the ap- (A) STUDY.—The Comptroller General of The amendments made by this title shall plicable conditions of subsections (b), (c), (e), the United States shall conduct a study of take effect January 1, 1997. and (f).’’. the costs incurred by eligible organizations (2) OTHER INTERMEDIATE SANCTIONS FOR with risk-sharing contracts under section TITLE III—ADMINISTRATIVE AND MISCELLANEOUS PROGRAM VIOLATIONS.—Sec- 1876 of such Act (42 U.S.C. 1395mm(b)) of MISCELLANEOUS PROVISIONS tion 1876(i)(6) (42 U.S.C. 1395mm(i)(6)) is complying with the requirement of entering SEC. 301. ESTABLISHMENT OF THE HEALTH CARE amended by adding at the end the following into a written agreement with an entity pro- FRAUD AND ABUSE DATA COLLEC- new subparagraph: viding peer review services with respect to TION PROGRAM. ‘‘(C) In the case of an eligible organization services provided by the organization, to- (a) GENERAL PURPOSE.—Not later than Jan- for which the Secretary makes a determina- gether with an analysis of how information uary 1, 1997, the Secretary shall establish a tion under paragraph (1), the basis of which generated by such entities is used by the national health care fraud and abuse data is not described in subparagraph (A), the Secretary to assess the quality of services collection program for the reporting of final Secretary may apply the following inter- provided by such eligible organizations. adverse actions (not including settlements in mediate sanctions: (B) REPORT TO CONGRESS.—Not later than which no findings of liability have been ‘‘(i) Civil money penalties of not more than July 1, 1998, the Comptroller General shall made) against health care providers, suppli- $25,000 for each determination under para- submit a report to the Committee on Ways ers, or practitioners as required by sub- graph (1) if the deficiency that is the basis of and Means and the Committee on Commerce section (b), with access as set forth in sub- the determination has directly adversely af- of the House of Representatives and the section (c), and shall maintain a database of fected (or has the substantial likelihood of Committee on Finance and the Special Com- the information collected under this section. mittee on Aging of the Senate on the study adversely affecting) an individual covered (b) REPORTING OF INFORMATION.— conducted under subparagraph (A). under the organization’s contract. (1) IN GENERAL.—Each Government agency ‘‘(ii) Civil money penalties of not more SEC. 208. LIABILITY OF MEDICARE CARRIERS and health plan shall report any final ad- than $10,000 for each week beginning after AND FISCAL INTERMEDIARIES AND verse action (not including settlements in STATES FOR CLAIMS SUBMITTED BY the initiation of procedures by the Secretary EXCLUDED PROVIDERS. which no findings of liability have been under paragraph (9) during which the defi- (a) REIMBURSEMENT TO THE SECRETARY FOR made) taken against a health care provider, ciency that is the basis of a determination AMOUNTS PAID TO EXCLUDED PROVIDERS.— supplier, or practitioner. under paragraph (1) exists. (1) REQUIREMENTS FOR FISCAL (2) INFORMATION TO BE REPORTED.—The in- ‘‘(iii) Suspension of enrollment of individ- INTERMEDIARIES.— formation to be reported under paragraph (1) uals under this section after the date the (A) IN GENERAL.—Section 1816 (42 U.S.C. includes the following: Secretary notifies the organization of a de- 1395h), is amended by adding at the end the (A) The name and TIN (as defined in sec- termination under paragraph (1) and until following new subsection: tion 7701(a)(41) of the Internal Revenue Code the Secretary is satisfied that the deficiency ‘‘(l) An agreement with an agency or orga- of 1986) of any health care provider, supplier, that is the basis for the determination has nization under this section shall require that or practitioner who is the subject of a final been corrected and is not likely to recur.’’. such agency or organization reimburse the adverse action. (3) PROCEDURES FOR IMPOSING SANCTIONS.— Secretary for any amounts paid for a service (B) The name (if known) of any health care Section 1876(i) (42 U.S.C. 1395mm(i)) is under this title which is furnished, directed, entity with which a health care provider, amended by adding at the end the following or prescribed by an individual or entity dur- supplier, or practitioner, who is the subject new paragraph: ing any period for which the individual or of a final adverse action, is affiliated or asso- ‘‘(9) The Secretary may terminate a con- entity is excluded pursuant to section 1128, ciated. tract with an eligible organization under 1128A, or 1156, from participation in the pro- (C) The nature of the final adverse action this section or may impose the intermediate gram under this title, if the amounts are and whether such action is on appeal. sanctions described in paragraph (6) on the paid after the Secretary notifies the agency (D) A description of the acts or omissions organization in accordance with formal in- or organization of the exclusion.’’. and injuries upon which the final adverse ac- vestigation and compliance procedures es- (B) CONFORMING AMENDMENT.—Section tion was based, and such other information tablished by the Secretary under which— 1816(i) (42 U.S.C. 1395h(i)) is amended by add- as the Secretary determines by regulation is ‘‘(A) the Secretary first provides the orga- ing at the end the following new paragraph: required for appropriate interpretation of in- nization with the reasonable opportunity to ‘‘(4) Nothing in this subsection shall be formation reported under this section. develop and implement a corrective action construed to prohibit reimbursement by an (3) CONFIDENTIALITY.—In determining what plan to correct the deficiencies that were the agency or organization under subsection information is required, the Secretary shall basis of the Secretary’s determination under (l).’’. include procedures to assure that the privacy paragraph (1) and the organization fails to (2) REQUIREMENTS FOR CARRIERS.—Section of individuals receiving health care services develop or implement such a plan; 1842(b)(3) (42 U.S.C. 1395u(b)(3)) is amended— is appropriately protected. ‘‘(B) in deciding whether to impose sanc- (A) by striking ‘‘and’’ at the end of sub- (4) TIMING AND FORM OF REPORTING.—The tions, the Secretary considers aggravating paragraph (I); and information required to be reported under factors such as whether an entity has a his- (B) by inserting after subparagraph (I) the this subsection shall be reported regularly tory of deficiencies or has not taken action following new subparagraph: (but not less often than monthly) and in such to correct deficiencies the Secretary has ‘‘(J) will reimburse the Secretary for any form and manner as the Secretary of Health brought to their attention; amounts paid for an item or service under and Human Services (in this section referred ‘‘(C) there are no unreasonable or unneces- this part which is furnished, directed, or pre- to as the ‘‘Secretary’’) prescribes. Such in- sary delays between the finding of a defi- scribed by an individual or entity during any formation shall first be required to be re- ciency and the imposition of sanctions; and period for which the individual or entity is ported on a date specified by the Secretary. S6092 CONGRESSIONAL RECORD — SENATE June 11, 1996

(5) TO WHOM REPORTED.—The information (B) EXCLUSION.—The term does not include ‘‘CORPORATE WHISTLEBLOWER PROGRAM required to be reported under this subsection any action with respect to a malpractice ‘‘SEC. 1128D. (a) ESTABLISHMENT OF PRO- shall be reported to the Secretary. claim. GRAM.—The Secretary, through the Inspector (C) SPECIAL RULE.—For purposes of this (c) DISCLOSURE AND CORRECTION OF INFOR- General of the Department of Health and MATION.— paragraph, the existence of a conviction shall be determined under section 1128(i) of Human Services, shall establish a procedure (1) DISCLOSURE.—With respect to the infor- the Social Security Act (42 U.S.C. 1320a–7(i)). whereby corporations, partnerships, and mation about final adverse actions (not in- other legal entities specified by the Sec- cluding settlements in which no findings of (2) LICENSED HEALTH CARE PRACTITIONER.— The terms ‘‘licensed health care practi- retary, may voluntarily disclose instances of liability have been made) reported to the unlawful conduct and seek to resolve liabil- Secretary under this section with respect to tioner’’, ‘‘licensed practitioner’’, and ‘‘prac- titioner’’ mean, with respect to a State, an ity for such conduct through means specified a health care provider, supplier, or practi- individual who is licensed or otherwise au- by the Secretary. tioner, the Secretary shall, by regulation, thorized by the State to provide health care ‘‘(b) LIMITATION.—No person may bring an provide for— services (or any individual who, without au- action under section 3730(b) of title 31, Unit- (A) disclosure of the information, upon re- thority holds himself or herself out to be so ed States Code, if, on the date of filing— quest, to the health care provider, supplier, licensed or authorized). ‘‘(1) the matter set forth in the complaint or licensed practitioner, and (3) HEALTH CARE PROVIDER.—The term has been voluntarily disclosed to the United (B) procedures in the case of disputed accu- ‘‘health care provider’’ means a provider of States by the proposed defendant and the de- racy of the information. services as defined in section 1861(u) of the fendant has been accepted into the voluntary (2) CORRECTIONS.—Each Government agen- Social Security Act (42 U.S.C. 1395x(u)), and disclosure program established pursuant to cy and health plan shall report corrections of any person or entity, including a health subsection (a); and information already reported about any final maintenance organization, group medical ‘‘(2) any new information provided in the adverse action taken against a health care practice, or any other entity listed by the complaint under such section does not add provider, supplier, or practitioner, in such Secretary in regulation, that provides health substantial grounds for additional recovery form and manner that the Secretary pre- care services. beyond those encompassed within the scope scribes by regulation. (4) SUPPLIER.—The term ‘‘supplier’’ means of the voluntary disclosure.’’. (d) ACCESS TO REPORTED INFORMATION.— a supplier of health care items and services SEC. 304. HOME HEALTH BILLING, PAYMENT, AND (1) AVAILABILITY.—The information in the described in subsections (a) and (b) of section COST LIMIT CALCULATION TO BE database maintained under this section shall 1819, and section 1861 of the Social Security BASED ON SITE WHERE SERVICE IS be available to Federal and State govern- Act (42 U.S.C. 1395i–3 (a) and (b), and 1395x). FURNISHED. ment agencies, health plans, and the public (5) GOVERNMENT AGENCY.—The term ‘‘Gov- (a) CONDITIONS OF PARTICIPATION.—Section pursuant to procedures that the Secretary ernment agency’’ shall include the following: 1891 (42 U.S.C. 1395bbb) is amended by adding shall provide by regulation. (A) The Department of Justice. at the end the following new subsection: (2) FEES FOR DISCLOSURE.—The Secretary (B) The Department of Health and Human may establish or approve reasonable fees for Services. ‘‘(g) A home health agency shall submit the disclosure of information in such (C) Any other Federal agency that either claims for payment of home health services database (other than with respect to re- administers or provides payment for the de- under this title only on the basis of the geo- quests by Federal agencies). The amount of livery of health care services, including, but graphic location at which the service is fur- such a fee may be sufficient to recover the not limited to the Department of Defense nished, as determined by the Secretary.’’. full costs of carrying out the provisions of and the Veterans’ Administration. (b) WAGE ADJUSTMENT.—Section this section, including reporting, disclosure, (D) State law enforcement agencies. 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) and administration. Such fees shall be avail- (E) State medicaid fraud and abuse units. is amended by striking ‘‘agency is located’’ able to the Secretary or, in the Secretary’s (F) Federal or State agencies responsible and inserting ‘‘service is furnished’’. discretion to the agency designated under for the licensing and certification of health SEC. 305. APPLICATION OF INHERENT REASON- this section to cover such costs. care providers and licensed health care prac- ABLENESS. titioners. (e) PROTECTION FROM LIABILITY FOR RE- (a) IN GENERAL.—Section 1834(a)(10)(B) (42 (6) HEALTH PLAN.—The term ‘‘health plan’’ PORTING.—No person or entity shall be held U.S.C. 1395m(a)(10)(B)) is amended— has the meaning given such term by section liable in any civil action with respect to any (1) in the first sentence, by striking ‘‘apply 1128C(c) of the Social Security Act, as added report made as required by this section, the provisions’’ and all that follows through by section 101(a) of this Act. without knowledge of the falsity of the infor- the period and inserting ‘‘describe by regula- mation contained in the report. (g) CONFORMING AMENDMENT.—Section 1921(d) (42 U.S.C. 1396r–2(d)) is amended by in- tion the factors to be used in determining (f) DEFINITIONS AND SPECIAL RULES.—For serting ‘‘and section 301 of the Medicare the cases (or particular items) in which the purposes of this section: Antifraud Act of 1996’’ after ‘‘section 422 of application of this subsection results in the (1) FINAL ADVERSE ACTION.— the Health Care Quality Improvement Act of determination of an amount that, by reason (A) IN GENERAL.—The term ‘‘final adverse 1986’’. of its being grossly excessive or grossly defi- action’’ includes the following: SEC. 302. INSPECTOR GENERAL ACCESS TO NA- cient, is not inherently reasonable, and to (i) Civil judgments against a health care TIONAL PRACTITIONER DATA BANK. provide in such cases for the factors that will provider or practitioner in Federal or State Section 427 of the Health Care Quality Im- be considered in establishing an amount that court related to the delivery of a health care provement Act of 1986 (42 U.S.C. 11137) is is realistic and equitable.’’; and item or service. amended— (2) in the second sentence, by striking ‘‘ap- (ii) Federal or State criminal convictions (1) in subsection (a), by adding at the end plying such provisions’’ and inserting ‘‘ap- related to the delivery of a health care item the following sentence: ‘‘Information re- plying the previous provisions of this sub- or service. ported under this part shall also be made section’’. (iii) Actions by Federal or State agencies available, upon request, to the Inspector (b) CONFORMING AMENDMENT.—Section responsible for the licensing and certifi- General of the Departments of Health and 1834(i) (42 U.S.C. 1395m(i)) is amended by add- cation of health care providers, suppliers, Human Services, Defense, and Labor, the Of- ing at the end the following new paragraph: and licensed health care practitioners, in- fice of Personnel Management, and the Rail- ‘‘(3) ADJUSTMENT FOR INHERENT REASON- cluding— road Retirement Board.’’; and ABLENESS.—The provisions of subsection (I) formal or official actions, such as rev- (2) by amending subsection (b)(4) to read as (a)(10)(B) shall apply to payment for surgical ocation or suspension of a license (and the follows: dressings under this subsection.’’. length of any such suspension), reprimand, ‘‘(4) FEES.—The Secretary may impose fees censure, or probation, SEC. 306. CLARIFICATION OF TIME AND FILING for the disclosure of information under this LIMITATIONS. (II) any other loss of license, or the right part sufficient to recover the full costs of to apply for or renew a license of the pro- carrying out the provisions of this part, in- (a) IN GENERAL.—Section 1862(b)(2)(B) (42 vider, supplier, or practitioner, whether by cluding reporting, disclosure, and adminis- U.S.C. 1395y(b)(2)(B)) is amended by adding operation of law, voluntary surrender, non- tration, except that a fee may not be im- at the end the following new clause: renewability, or otherwise, or posed for requests made by the Inspector ‘‘(v) TIME, FILING, AND RELATED PROVISIONS (III) any other negative action or finding General of the Department of Health and UNDER PRIMARY PLAN.—Requirements under a by such Federal or State agency that is pub- Human Services. Such fees shall remain primary plan as to the filing of a claim, time licly available information. available to the Secretary (or, in the Sec- limitations for the filing of a claim, informa- (iv) Exclusion from participation in Fed- retary’s discretion, to the agency designated tion not maintained by the Secretary, or no- eral or State health care programs (as de- in section 424(b)) until expended.’’. tification or pre-admission review, shall not apply to a claim by the United States under fined in section 1128B(f) and 1128(h), respec- SEC. 303. CORPORATE WHISTLEBLOWER PRO- tively). GRAM. clause (ii) or (iii).’’. (v) Any other adjudicated actions or deci- Title XI (42 U.S.C. 1301 et seq.), as amended (b) EFFECTIVE DATE.—The amendment sions that the Secretary shall establish by by section 101(a), is amended by inserting made by subsection (a) applies to items and regulation. after section 1128C the following new section: services furnished after 1990. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6093 SEC. 307. CLARIFICATION OF LIABILITY OF and inserting ‘‘Federal health care programs ‘‘(4) in the case of a person who is not an THIRD PARTY ADMINISTRATORS. (as defined in section 1128B(f))’’. organization, agency, or other entity, is ex- (a) IN GENERAL.—Section 1862(b)(2)(B)(ii) (2) In subsection (f)— cluded from participating in a program (42 U.S.C. 1395y(b)(2)(B)(ii)) is amended by in- (A) by redesignating paragraph (3) as para- under title XVIII or a State health care pro- serting ‘‘, or which determines claims under graph (4); and gram in accordance with this subsection or the primary plan’’ after ‘‘primary plan’’. (B) by inserting after paragraph (2) the fol- under section 1128 and who, at the time of a (b) CLAIMS BETWEEN PARTIES OTHER THAN lowing new paragraph: violation of this subsection, retains a direct THE UNITED STATES.—Section 1862(b)(2)(B) (42 ‘‘(3) With respect to amounts recovered or indirect ownership or control interest of 5 U.S.C. 1395y(b)(2)(B)), as amended by section arising out of a claim under a Federal health percent or more, or an ownership or control 306(a) of this Act, is amended by adding at care program (as defined in section 1128B(f)), interest (as defined in section 1124(a)(3)) in, the end the following new clause: the portion of such amounts as is determined or who is an officer or managing employee ‘‘(vi) CLAIMS BETWEEN PARTIES OTHER THAN to have been paid by the program shall be re- (as defined in section 1126(b)) of, an entity THE UNITED STATES.—A claim by the United paid to the program, and the portion of such that is participating in a program under title States under clause (ii) or (iii) shall not pre- amounts attributable to the amounts recov- XVIII or a State health care program;’’. clude claims between other parties.’’. ered under this section by reason of the (c) EMPLOYER BILLING FOR SERVICES FUR- (c) EFFECTIVE DATE.—The amendments amendments made by the Medicare Anti- NISHED, DIRECTED, OR PRESCRIBED BY AN EX- made by this section shall apply to items fraud Act of 1996 (as estimated by the Sec- CLUDED EMPLOYEE.—Section 1128A(a)(1) (42 and services furnished after 1990. retary) shall be deposited into the Health U.S.C. 1320a–7a(a)(1)), as amended by sub- SEC. 308. CLARIFICATION OF PAYMENT AMOUNTS Care Fraud and Abuse Control Account es- section (b), is amended— TO MEDICARE. tablished under section 101(b) of such Act.’’. (1) by striking ‘‘or’’ at the end of subpara- (a) IN GENERAL.—Section 1862(b)(2)(B)(i) (42 (3) In subsection (i)— graph (C); U.S.C. 1395y(b)(2)(B)(i)) is amended to read as (A) in paragraph (2), by striking ‘‘title V, (2) by striking the semicolon at the end of follows: XVIII, XIX, or XX of this Act’’ and inserting subparagraph (D) and inserting ‘‘, or’’; and ‘‘(i) REPAYMENT REQUIRED.— ‘‘a Federal health care program (as defined (3) by adding at the end the following new ‘‘(I) IN GENERAL.—Any payment under this in section 1128B(f))’’; subparagraph: title, with respect to any item or service for (B) in paragraph (4), by striking ‘‘a health ‘‘(E) is for a medical or other item or serv- which payment by a primary plan is required insurance or medical services program under ice furnished, directed, or prescribed by an under the preceding provisions of this sub- title XVIII or XIX of this Act’’ and inserting individual who is an employee or agent of section, shall be conditioned on reimburse- ‘‘a Federal health care program (as so de- the person during a period in which such em- ment to the appropriate Trust Fund estab- fined)’’; and ployee or agent was excluded from the pro- lished by this title when notice or other in- (C) in paragraph (5), by striking ‘‘title V, gram under which the claim was made on formation is received that payment for that XVIII, XIX, or XX’’ and inserting ‘‘a Federal any of the grounds for exclusion described in item or service has been or should have been health care program (as so defined)’’. subparagraph (D);’’. made under those provisions. If reimburse- (4) By adding at the end the following new (d) CIVIL MONEY PENALTIES FOR ITEMS OR ment is not made to the appropriate Trust subsection: SERVICES FURNISHED, DIRECTED, OR PRE- Fund before the expiration of the 60-day pe- ‘‘(m)(1) For purposes of this section, with SCRIBED BY AN EXCLUDED INDIVIDUAL.—Sec- riod that begins on the date such notice or respect to a Federal health care program not tion 1128A(a)(1)(D) (42 U.S.C. 1320a– other information is received, the Secretary contained in this Act, references to the Sec- 7a(a)(1)(D)) is amended by inserting ‘‘, di- may charge interest (beginning with the date retary in this section shall be deemed to be rected, or prescribed’’ after ‘‘furnished’’. on which the notice or other information is references to the Secretary or Administrator (e) MODIFICATIONS OF AMOUNTS OF PEN- received) on the amount of the reimburse- of the department or agency with jurisdic- ALTIES AND ASSESSMENTS.—Section 1128A(a) ment until reimbursement is made (at a rate tion over such program and references to the (42 U.S.C. 1320a–7a(a)), as amended by sub- determined by the Secretary in accordance Inspector General of the Department of section (b), is amended in the matter follow- with regulations of the Secretary of the Health and Human Services in this section ing paragraph (4)— Treasury applicable to charges for late pay- shall be deemed to be references to the In- (1) by striking ‘‘$2,000’’ and inserting ments). spector General of the applicable department ‘‘$10,000’’; ‘‘(II) DETERMINATION OF AMOUNT OWED.— or agency. (2) by inserting ‘‘; in cases under paragraph The amount owed by a primary plan under ‘‘(2)(A) The Secretary and Administrator of (4), $10,000 for each day the prohibited rela- the departments and agencies referred to in the first sentence of subclause (I) is the less- tionship occurs’’ after ‘‘false or misleading paragraph (1) may include in any action pur- er of the full primary payment required (if information was given’’; and suant to this section, claims within the ju- that amount is readily determinable) and the (3) by striking ‘‘twice the amount’’ and in- risdiction of other Federal departments or amount paid under this title for that item or serting ‘‘3 times the amount’’. agencies as long as the following conditions service.’’. (f) CLAIM FOR ITEM OR SERVICE BASED ON are satisfied: (b) CONFORMING AND TECHNICAL AMEND- INCORRECT CODING OR MEDICALLY UNNECES- ‘‘(i) The case primarily involves claims MENTS.— SARY SERVICES.—Section 1128A(a)(1) (42 submitted to the Federal health care pro- (1) Subparagraphs (A)(i)(I) and (B)(i) of sec- U.S.C. 1320a–7a(a)(1)), as amended by sub- grams of the department or agency initiat- tion 1862(b)(1) (42 U.S.C. 1395y(b)(1)) are each section (c), is amended— ing the action. amended by inserting ‘‘(or eligible to be cov- (1) in subparagraph (A) by striking ‘‘(ii) The Secretary or Administrator of the ered)’’ after ‘‘covered’’. ‘‘claimed,’’ and inserting ‘‘claimed, including department or agency initiating the action (2) Section 1862(b)(1)(C)(ii) (42 U.S.C. any person who engages in a pattern or prac- gives notice and an opportunity to partici- 1395y(b)(1)(C)(ii)) is amended by striking tice of presenting or causing to be presented pate in the investigation to the Inspector ‘‘covered by such plan’’. a claim for an item or service that is based General of the department or agency with on a code that the person knows or has rea- (3) The matter in section 1862(b)(2)(A) (42 primary jurisdiction over the Federal health U.S.C. 1395y(b)(2)(A)) preceding clause (i) is care programs to which the claims were sub- son to know will result in a greater payment amended by striking ‘‘, except as provided in mitted. to the person than the code the person knows subparagraph (B),’’. ‘‘(B) If the conditions specified in subpara- or has reason to know is applicable to the (c) EFFECTIVE DATE.—The amendments graph (A) are fulfilled, the Inspector General item or service actually provided,’’; made by this section shall apply to items of the department or agency initiating the (2) in subparagraph (D), by striking ‘‘or’’ at and services furnished after 1990. action is authorized to exercise all powers the end; and SEC. 309. INCREASED FLEXIBILITY IN CONTRACT- granted under the Inspector General Act of (3) in subparagraph (E), by striking the ING FOR MEDICARE CLAIMS PROC- 1978 (5 U.S.C. App.) with respect to the semicolon and inserting‘‘, or’’; and ESSING. claims submitted to the other departments (4) by inserting after subparagraph (E) the (a) CARRIERS TO INCLUDE ENTITIES THAT or agencies to the same manner and extent following new subparagraph: ARE NOT INSURANCE COMPANIES.—The matter as provided in that Act with respect to ‘‘(F) is for a medical or other item or serv- in section 1842(a) (42 U.S.C. 1395u(a)) preced- claims submitted to such departments or ice that a person knows or has reason to ing paragraph (1) is amended by striking agencies.’’. know is not medically necessary;’’. ‘‘with carriers’’ and inserting ‘‘with agencies (b) EXCLUDED INDIVIDUAL RETAINING OWN- (g) PERMITTING SECRETARY TO IMPOSE CIVIL and organizations (referred to as carriers)’’. ERSHIP OR CONTROL INTEREST IN PARTICIPAT- MONETARY PENALTY FOR KICKBACK VIOLA- (b) REPEAL.—Section 1842(f) (42 U.S.C. ING ENTITY.—Section 1128A(a) (42 U.S.C. TIONS.—Section 1128A(b) (42 U.S.C. 1320a– 1395u(f)) is repealed. 1320a–7a(a)) is amended— 7a(a)) is amended by adding the following TITLE IV—CIVIL MONETARY PENALTIES (1) by striking ‘‘or’’ at the end of paragraph new paragraph: SEC. 401. SOCIAL SECURITY ACT CIVIL MONE- (1)(D); ‘‘(3) Any person (including any organiza- TARY PENALTIES. (2) by striking ‘‘, or’’ at the end of para- tion, agency, or other entity, but excluding a (a) GENERAL CIVIL MONETARY PENALTIES.— graph (2) and inserting a semicolon; beneficiary as defined in subsection (i)(5)) Section 1128A (42 U.S.C. 1320a–7a) is amended (3) by striking the semicolon at the end of who the Secretary determines has violated as follows: paragraph (3) and inserting ‘‘; or’’; and section 1128B(b) of this title shall be subject (1) In the third sentence of subsection (a), (4) by inserting after paragraph (3) the fol- to a civil monetary penalty of not more than by striking ‘‘programs under title XVIII’’ lowing new paragraph: $10,000 for each such violation. In addition, S6094 CONGRESSIONAL RECORD — SENATE June 11, 1996

such person shall be subject to an assess- (k) EFFECTIVE DATE.—The amendments to section 982(a)(6) of title 18, United States ment of not more than twice the total made by this section shall take effect Janu- Code. amount of the remuneration offered, paid, ary 1, 1997. SEC. 503. INJUNCTIVE RELIEF RELATING TO FED- solicited, or received in violation of section TITLE V—AMENDMENTS TO CRIMINAL ERAL HEALTH CARE OFFENSES. 1128B(b). The total amount of remuneration LAW (a) IN GENERAL.—Section 1345(a)(1) of title subject to an assessment shall be calculated 18, United States Code, is amended— SEC. 501. HEALTH CARE FRAUD. without regard to whether some portion (1) by striking ‘‘or’’ at the end of subpara- (a) IN GENERAL.— thereof also may have been intended to serve graph (A); (1) FINES AND IMPRISONMENT FOR HEALTH a purpose other than one proscribed by sec- (2) by inserting ‘‘or’’ at the end of subpara- CARE FRAUD VIOLATIONS.—Chapter 63 of title tion 1128B(b).’’. graph (B); and 18, United States Code, is amended by adding (h) SANCTIONS AGAINST PRACTITIONERS AND (3) by adding at the end the following new at the end the following new section: PERSONS FOR FAILURE TO COMPLY WITH STAT- subparagraph: UTORY OBLIGATIONS.—Section 1156(b)(3) (42 ‘‘§ 1347. Health care fraud ‘‘(C) committing or about to commit a U.S.C. 1320c–5(b)(3)) is amended by striking ‘‘(a) Whoever knowingly and willfully exe- Federal health care offense (as defined in ‘‘the actual or estimated cost’’ and inserting cutes, or attempts to execute, a scheme or section 982(a)(6)(B) of this title);’’. ‘‘up to $10,000 for each instance’’. artifice— (b) FREEZING OF ASSETS.—Section 1345(a)(2) (i) PROCEDURAL PROVISIONS.—Section ‘‘(1) to defraud any health plan or other of title 18, United States Code, is amended by 1876(i)(6) (42 U.S.C. 1395mm(i)(6)), as amended person, in connection with the delivery of or inserting ‘‘or a Federal health care offense by section 207(a)(2), is amended by adding at payment for health care benefits, items, or (as defined in section 982(a)(6)(B))’’ after the end the following new subparagraph: services; or ‘‘title)’’. ‘‘(D) The provisions of section 1128A (other ‘‘(2) to obtain, by means of false or fraudu- SEC. 504. GRAND JURY DISCLOSURE. than subsections (a) and (b)) shall apply to a lent pretenses, representations, or promises, Section 3322 of title 18, United States Code, civil money penalty under subparagraph (A) any of the money or property owned by, or is amended— or (B) in the same manner as they apply to under the custody or control of, any health (1) by redesignating subsections (c) and (d) a civil money penalty or proceeding under as subsections (d) and (e), respectively; and section 1128A(a).’’. plan, or person in connection with the deliv- (j) PROHIBITION AGAINST OFFERING INDUCE- ery of or payment for health care benefits, (2) by inserting after subsection (b) the fol- MENTS TO INDIVIDUALS ENROLLED UNDER PRO- items, or services; lowing new subsection: ‘‘(c) A person who is privy to grand jury in- GRAMS OR PLANS.— shall be fined under this title or imprisoned formation concerning a Federal health care (1) OFFER OF REMUNERATION.—Section not more than 10 years, or both. If the viola- 1128A(a) (42 U.S.C. 1320a–7a(a)), as amended tion results in serious bodily injury (as de- offense (as defined in section 982(a)(6)(B))— by subsection (b), is amended— fined in section 1365(g)(3) of this title), such ‘‘(1) received in the course of duty as an at- (A) by striking ‘‘, or’’ at the end of para- person may be imprisoned for any term of torney for the Government; or graph (3) and inserting a semicolon; years. ‘‘(2) disclosed under rule 6(e)(3)(A)(ii) of the (B) by striking the semicolon at the end of ‘‘(b) For purposes of this section, the term Federal Rules of Criminal Procedure; may disclose that information to an attor- paragraph (4) and inserting ‘‘; or’’; and ‘health plan’ has the same meaning given ney for the Government to use in any inves- (C) by inserting after paragraph (4) the fol- such term in section 1128C(c) of the Social tigation or civil proceeding relating to lowing new paragraph: Security Act.’’. health care fraud.’’. ‘‘(5) offers to or transfers remuneration to (2) CLERICAL AMENDMENT.—The table of any individual eligible for benefits under sections at the beginning of chapter 63 of SEC. 505. FALSE STATEMENTS. title XVIII of this Act, or under a State title 18, United States Code, is amended by (a) IN GENERAL.—Chapter 47, of title 18, health care program (as defined in section adding at the end the following: United States Code, is amended by adding at the end the following new section: 1128(h)) that such person knows or should ‘‘1347. Health care fraud.’’. know is likely to influence such individual (b) CRIMINAL FINES DEPOSITED IN THE ‘‘§ 1035. False statements relating to health to order or receive from a particular pro- HEALTH CARE FRAUD AND ABUSE CONTROL AC- care matters vider, practitioner, or supplier any item or COUNT.—The Secretary of the Treasury shall ‘‘(a) Whoever, in any matter involving a service for which payment may be made, in deposit into the Health Care Fraud and health plan, knowingly and willfully fal- whole or in part, under title XVIII, or a Abuse Control Account established under sifies, conceals, or covers up by any trick, State health care program (as so defined);’’. section 101(b) an amount equal to the crimi- scheme, or device a material fact, or makes (2) REMUNERATION DEFINED.—Section nal fines imposed under section 1347 of title any false, fictitious, or fraudulent state- 1128A(i) (42 U.S.C. 1320a–7a(i)) is amended by 18, United States Code (relating to health ments or representations, or makes or uses adding the following new paragraph: care fraud). any false writing or document knowing the ‘‘(6) The term ‘remuneration’ includes the SEC. 502. FORFEITURES FOR FEDERAL HEALTH same to contain any false, fictitious, or waiver of coinsurance and deductible CARE OFFENSES. fraudulent statement or entry, shall be fined amounts (or any part thereof), and transfers (a) IN GENERAL.—Section 982(a) of title 18, under this title or imprisoned not more than of items or services for free or for other than United States Code, is amended by adding 5 years, or both. fair market value. The term ‘remuneration’ after paragraph (5) the following new para- ‘‘(b) For purposes of this section, the term does not include— graph: ‘health plan’ has the same meaning given ‘‘(A) the waiver of coinsurance and deduct- ‘‘(6)(A) The court, in imposing sentence on such term in section 1128C(c) of the Social ible amounts by a person, if— a person convicted of a Federal health care Security Act.’’. ‘‘(i) the waiver is not offered as part of any offense, shall order the person to forfeit (b) CLERICAL AMENDMENT.—The table of advertisement or solicitation; property, real or personal, that constitutes sections at the beginning of chapter 47 of ‘‘(ii) the person does not routinely waive or is derived, directly or indirectly, from title 18, United States Code, in amended by coinsurance or deductible amounts; and proceeds traceable to the commission of the adding at the end the following: ‘‘(iii) the person— offense. ‘‘1035. False statements relating to health ‘‘(I) waives the coinsurance and deductible ‘‘(B) For purposes of this paragraph, the care matters.’’. amounts after determining in good faith that term ‘Federal health care offense’ means a SEC. 506. OBSTRUCTION OF CRIMINAL INVES- the individual is in financial need; violation of, or a criminal conspiracy to vio- TIGATIONS, AUDITS, OR INSPEC- ‘‘(II) fails to collect coinsurance or deduct- late— TIONS OF FEDERAL HEALTH CARE ible amounts after making reasonable collec- ‘‘(i) section 1347 of this title; OFFENSES. tion efforts; or ‘‘(ii) section 1128B of the Social Security (a) IN GENERAL.—Chapter 73 of title 18, ‘‘(III) provides for any permissible waiver Act; United States Code, is amended by adding at as specified in section 1128B(b)(3) or in regu- ‘‘(iii) section 287, 371, 664, 666, 1001, 1027, the end the following new section: lations issued by the Secretary; 1341, 1343, 1920, or 1954 of this title if the vio- ‘‘§ 1518. Obstruction of criminal investiga- ‘‘(B) differentials in coinsurance and de- lation or conspiracy relates to health care tions, audits, or inspections of Federal ductible amounts as part of a benefit plan fraud; and health care offenses design as long as the differentials have been ‘‘(iv) section 501 or 511 of the Employee Re- ‘‘(a) IN GENERAL.—Whoever willfully pre- disclosed in writing to all beneficiaries, third tirement Income Security Act of 1974, if the vents, obstructs, misleads, delays or at- party payors, and providers, to whom claims violation or conspiracy relates to health care tempts to prevent, obstruct, mislead, or are presented and as long as the differentials fraud.’’. delay the communication of information or meet the standards as defined in regulations (b) PROPERTY FORFEITED DEPOSITED IN records relating to a Federal health care of- promulgated by the Secretary not later than HEALTH CARE FRAUD AND ABUSE CONTROL AC- fense to a Federal agent or employee in- 180 days after the date of the enactment of COUNT.—The Secretary of the Treasury shall volved in an investigation, audit, inspection, the Medicare Antifraud Act of 1996; or deposit into the Health Care Fraud and or other activity related to such an offense, ‘‘(C) incentives given to individuals to pro- Abuse Control Account established under shall be fined under this title or imprisoned mote the delivery of preventive care as de- section 101(b) an amount equal to amounts not more than 5 years, or both. termined by the Secretary in regulations so resulting from forfeiture of property by rea- ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As promulgated.’’. son of a Federal health care offense pursuant used in this section the term ‘Federal health June 11, 1996 CONGRESSIONAL RECORD — SENATE S6095 care offense’ has the same meaning given ‘‘(2) Investigative demands utilizing an ad- given such term in section 1128C(c) of the So- such term in section 982(a)(6)(B) of this title. ministrative subpoena are authorized for any cial Security Act.’’. ‘‘(c) CRIMINAL INVESTIGATOR.—As used in investigation with respect to any act or ac- (b) CLERICAL AMENDMENT.—The table of this section the term ‘criminal investigator’ tivity constituting or involving health care sections for chapter 223 of title 18, United means any individual duly authorized by a fraud, including a scheme or artifice— States Code, is amended by inserting after department, agency, or armed force of the ‘‘(A) to defraud any health plan or other the item relating to section 3485 the follow- United States to conduct or engage in inves- person, in connection with the delivery of or ing new item: tigations for prosecutions for violations of payment for health care benefits, items, or ‘‘3486. Authorized investigative demand pro- health care offenses.’’. services; or cedures.’’. (b) CLERICAL AMENDMENT.—The table of ‘‘(B) to obtain, by means of false or fraudu- (c) CONFORMING AMENDMENT.—Section sections at the beginning of chapter 73 of lent pretenses, representations, or promises, title 18, United States Code, is amended by 1510(b)(3)(B) of title 18, United States Code, is any of the money or property owned by, or amended by inserting ‘‘or a Department of adding at the end the following: under the custody or control or, any health ‘‘1518. Obstruction of criminal investiga- Justice subpoena (issued under section plan, or person in connection with the deliv- 3486),’’ after ‘‘subpoena’’. tions, audits, or inspections of ery of or payment for health care benefits, Federal health care offenses.’’. items, or services. TITLE VI—STATE HEALTH CARE FRAUD SEC. 507. THEFT OR EMBEZZLEMENT. ‘‘(b) SERVICE.—A subpoena issued under CONTROL UNITS (a) IN GENERAL.—Chapter 31 of title 18, this section may be served by any person SEC. 601. STATE HEALTH CARE FRAUD CONTROL United States Code, is amended by adding at designated in the subpoena to serve it. Serv- UNITS. the end the following new section: ice upon a natural person may be made by (a) EXTENSION OF CONCURRENT AUTHORITY ‘‘§ 669. Theft or embezzlement in connection personal delivery of the subpoena to such TO INVESTIGATE AND PROSECUTE FRAUD IN with health care person. Service may be made upon a domes- OTHER FEDERAL PROGRAMS.—Section ‘‘(a) IN GENERAL.—Whoever willfully em- tic or foreign association which is subject to 1903(q)(3) (42 U.S.C. 1396b(q)(3)) is amended— bezzles, steals, or otherwise without author- suit under a common name, by delivering the (1) by inserting ‘‘(A)’’ after ‘‘in connection ity willfully and unlawfully converts to the subpoena to an officer, to a managing or gen- with’’; and use of any person other than the rightful eral agent, or to any other agent authorized (2) by striking ‘‘title.’’ and inserting ‘‘title; owner, or intentionally misapplies any of the by appointment or by law to receive service and (B) in cases where the entity’s function moneys, funds, securities, premiums, credits, of process. The affidavit of the person serv- is also described by subparagraph (A), and property, or other assets of a health plan, ing the subpoena entered on a true copy upon the approval of the relevant Federal shall be fined under this title or imprisoned thereof by the person serving it shall be agency, any aspect of the provision of health not more than 10 years, or both. proof of service. care services and activities of providers of ‘‘(c) ENFORCEMENT.—In the case of contu- ‘‘(b) HEALTH PLAN.—As used in this section such services under any Federal health care the term ‘health plan’ has the same meaning macy by or refusal to obey a subpoena issued program (as defined in section 1128B(b)(1)).’’. to any person, the Attorney General may in- given such term in section 1128C(c) of the So- (b) EXTENSION OF AUTHORITY TO INVES- voke the aid of any court of the United cial Security Act.’’. TIGATE AND PROSECUTE PATIENT ABUSE IN States within the jurisdiction of which the (b) CLERICAL AMENDMENT.—The table of NON-MEDICAID BOARD AND CARE FACILITIES.— sections at the beginning of chapter 31 of investigation is carried on or of which the Section 1903(q)(4) (42 U.S.C. 1396b(q)(4)) is title 18, United States Code, is amended by subpoenaed person is an inhabitant, or in amended to read as follows: adding at the end the following: which such person carries on business or ‘‘(4)(A) The entity has— may be found, to compel compliance with ‘‘669. Theft or embezzlement in connection ‘‘(i) procedures for reviewing complaints of the subpoena. The court may issue an order with health care.’’. abuse or neglect of patients in health care requiring the subpoenaed person to appear facilities which receive payments under the SEC. 508. LAUNDERING OF MONETARY INSTRU- before the Attorney General to produce MENTS. State plan under this title; records, if so ordered, or to give testimony Section 1956(c)(7) of title 18, United States ‘‘(ii) at the option of the entity, procedures touching the matter under investigation. Code, is amended by adding at the end the for reviewing complaints of abuse or neglect Any failure to obey the order of the court following new subparagraph: of patients residing in board and care facili- may be punished by the court as a contempt ‘‘(F) Any act or activity constituting an ties; and thereof. All process in any such case may be offense involving a Federal health care of- ‘‘(iii) procedures for acting upon such com- served in any judicial district in which such fense as that term is defined in section plaints under the criminal laws of the State person may be found. 982(a)(6)(B) of this title.’’. or for referring such complaints to other ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- State agencies for action. SEC. 509. AUTHORIZED INVESTIGATIVE DEMAND withstanding any Federal, State, or local PROCEDURES. ‘‘(B) For purposes of this paragraph, the law, any person, including officers, agents, (a) IN GENERAL.—Chapter 233 of title 18, term ‘board and care facility’ means a resi- and employees, receiving a subpoena under United States Code, is amended by adding dential setting which receives payment from this section, who complies in good faith with after section 3485 the following new section: or on behalf of two or more unrelated adults the subpoena and thus produces the mate- who reside in such facility, and for whom one ‘‘§ 3486. Authorized investigative demand pro- rials sought, shall not be liable in any court cedures or both of the following is provided: of any State or the United States to any cus- ‘‘(i) Nursing care services provided by, or ‘‘(a) AUTHORIZATION.— tomer or other person for such production or under the supervision of, a registered nurse, ‘‘(1) In any investigation relating to func- for nondisclosure of that production to the tions set forth in paragraph (2), the Attorney licensed practical nurse, or licensed nursing customer. assistant. General or designee may issue in writing and ‘‘(e) USE IN ACTION AGAINST INDIVIDUALS.— ‘‘(ii) Personal care services that assist resi- cause to be served a subpoena compelling ‘‘(1) Health information about an individ- dents with the activities of daily living, in- production of any records (including any ual that is disclosed under this section may cluding personal hygiene, dressing, bathing, books, papers, documents, electronic media, not be used in, or disclosed to any person for eating, toileting, ambulation, transfer, posi- or other objects or tangible things), which use in, any administrative, civil, or criminal tioning, self-medication, body care, travel to may be relevant to an authorized law en- action or investigation directed against the medical services, essential shopping, meal forcement inquiry, that a person or legal en- individual who is the subject of the informa- preparation, laundry, and housework.’’. tity may possess or have care, custody, or tion unless the action or investigation arises control. A custodian of records may be re- out of and is directly related to receipt of TITLE VII—MEDICARE/MEDICAID BILLING quired to give testimony concerning the pro- health care or payment for health care or ac- ABUSE PREVENTION duction and authentication of such records. tion involving a fraudulent claim related to SEC. 701. UNIFORM MEDICARE/MEDICAID APPLI- The production of records may be required health, or if authorized by an appropriate CATION PROCESS. from any place in any State or in any terri- order of a court of competent jurisdiction, Not later than 1 year after the date of the tory or other place subject to the jurisdic- granted after application showing good cause enactment of this Act, the Secretary of tion of the United States at any designated therefore. Health and Human Services (in this title re- place, except that such production shall not ‘‘(2) In assessing good cause, the court ferred to as the ‘‘Secretary’’) shall establish be required more than 500 miles distant from shall weigh the public interest and the need procedures and a uniform application form the place where the subpoena is served. Wit- for disclosure against the injury to the pa- for use by any individual or entity that nesses summoned under this section shall be tient, to the physician-patient relationship, seeks to participate in the programs under paid the same fees and mileage that are paid and to the treatment services. titles XVIII and XIX of the Social Security witnesses in the courts of the United States. ‘‘(3) Upon the granting of such order, the Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et A subpoena requiring the production of court, in determining the extent to which seq.). The procedures established shall in- records shall describe the objects required to any disclosure of all or any part of any clude the following: be produced and prescribe a return date record is necessary, shall impose appropriate (1) Execution of a standard authorization within a reasonable period of time within safeguards against unauthorized disclosure. form by all individuals and entities prior to which the objects can be assembled and made ‘‘(f) HEALTH PLAN.—As used in this section, submission of claims for payment which available. the term ‘health plan’ has the same meaning shall include the social security number of S6096 CONGRESSIONAL RECORD — SENATE June 11, 1996 the beneficiary and the TIN (as defined in S. 1859 are not otherwise appropriated, an amount section 7701(a)(41) of the Internal Revenue Be it enacted by the Senate and House of Rep- equal to the amount certified under sub- Code of 1986) of any health care provider, resentatives of the United States of America in section (b). supplier, or practitioner providing items or Congress assembled, services under the claim. SECTION 1. SHORT TITLE. By Mr. MCCONNELL (for himself, (2) Assumption of responsibility and liabil- This Act may be cited as the ‘‘Medicare Mr. DOLE, Mr. LIEBERMAN, and ity for all claims submitted. Restore Trust Act of 1996’’. Mr. MOYNIHAN): (3) A right of access by the Secretary to SEC. 2. PROHIBITION ON CONSIDERATION OF S. 1860. A bill to provide for legal re- provider records relating to items and serv- LEGISLATION THAT DIVERTS SAV- form and consumer compensation re- ices rendered to beneficiaries of such pro- INGS ACHIEVED THROUGH MEDI- lating to motor vehicle tort systems, grams. CARE WASTE, FRAUD, AND ABUSE (4) Retention of source documentation. ENFORCEMENT ACTIVITIES FOR and for other purposes; to the Commit- (5) Provision of complete and accurate doc- PURPOSES OTHER THAN IMPROVING tee on Commerce, Science, and Trans- umentation to support all claims for pay- THE SOLVENCY OF THE FEDERAL portation. HOSPITAL INSURANCE TRUST FUND. ment. THE AUTO CHOICE REFORM ACT OF 1996 (6) A statement of the legal consequences (a) POINT OF ORDER.—It shall not be in for the submission of false or fraudulent order in the Senate to consider any bill, con- claims for payment. ference report, or any other legislation that By Mr. MCCONNELL (for himself would use savings achieved through enforce- and Mr. DOLE): SEC. 702. STANDARDS FOR UNIFORM CLAIMS. ment activities that are intended to combat S. 1861. A bill to provide for legal re- (a) ESTABLISHMENT OF STANDARDS.—Not waste, fraud, and abuse under the medicare later than 1 year after the date of the enact- form and consumer compensation, and program under title XVIII of the Social Se- for other purposes; to the Committee ment of this Act, the Secretary shall estab- curity Act as offsets for purposes other than lish standards for the form and submission of to improve the solvency of the Federal Hos- on the Judiciary. claims for payment under the medicare pro- pital Insurance Trust Fund established under THE LEGAL REFORM AND CONSUMER gram under title XVIII of the Social Secu- section 1817 of such Act (42 U.S.C. 1395i) (in COMPENSATION ACT OF 1996 rity Act (42 U.S.C. 1395 et seq.) and the med- this Act referred to as the ‘‘trust fund’’). ∑ Mr. MCCONNELL. Mr. President, sev- icaid program under title XIX of such Act (42 (b) WAIVER.—The point of order described eral weeks ago, I was disappointed, but U.S.C. 1396 et seq.). in subsection (a) may be waived or suspended not surprised, when the President ve- (b) ENSURING PROVIDER RESPONSIBILITY.— 3 in the Senate by a ⁄5 majority vote of the toed the bipartisan product liability re- In establishing standards under subsection Senators duly chosen and sworn, or by the (a), the Secretary, in consultation with ap- unanimous consent of the Senate. form bill. The bill would have curbed propriate agencies including the Department (c) APPEALS.— runaway punitive damage awards— of Justice, shall include such methods of en- (1) IN GENERAL.—Appeals in the Senate which the Supreme Court endorsed in suring provider responsibility and account- from decisions of the Chair relating to this its recent BMW versus Gore decision— ability for claims submitted as necessary to section shall be limited to 1 hour, to be and offered some protection to those control fraud and abuse. equally divided between and controlled by, needlessly dragged into lawsuits. The (c) USE OF ELECTRONIC MEDIA.—The Sec- the appellant and the manager of the bill, President, erroneously, in my view, retary shall develop specific standards which conference report, or other legislation, as govern the submission of claims through the case may be. charged that the product liability re- electronic media in order to control fraud (2) WAIVER.—An affirmative 3⁄5 majority form bill, offered too many benefits to and abuse in the submission of such claims. vote of the Senators duly chosen and sworn, business and unfairly burdened the in- SEC. 703. UNIQUE PROVIDER IDENTIFICATION or a unanimous consent agreement of the jured. CODE. Senate shall be required to sustain an appeal The President missed an opportunity (a) ESTABLISHMENT OF SYSTEM.—Not later of the ruling of the Chair on a point of order to correct some of the defects in the than 1 year after the date of the enactment raised under this section. legal system. The fact is the system is of this Act, the Secretary shall establish a SEC. 3. ENSURING THE INTEGRITY OF THE FED- too costly and fails to provide prompt system which provides for the issuance of a ERAL HOSPITAL INSURANCE TRUST FUND. and fair relief to those who are injured. unique identifier code for each individual or Less than half of every dollar spent on entity furnishing items or services for which (a) DETERMINATION.—Prior to the end of payment may be made under title XVIII or each fiscal year, the Secretary of Health and lawsuits goes to the injured. XIX of the Social Security (42 U.S.C. 1395 et Human Services (in this section referred to And, spiraling legal costs exact a toll seq.; 1396 et seq.), and the notation of such as the ‘‘Secretary’’) and the Attorney Gen- on every American family and business unique identifier codes on all claims for pay- eral shall jointly determine— owner in the form of higher insurance ment. (1) the portion of the costs charged during premiums and ever-increasing costs for such fiscal year to any account established (b) APPLICATION FEE.—The Secretary shall medical care. FBI Director Louis Freeh require an individual applying for a unique within the Federal Hospital Insurance Trust Fund under title XVIII of the Social Secu- estimates that fraudulent medical identifier code under subsection (a) to sub- claims arising out of phony car acci- mit a fee in an amount determined by the rity Act (42 U.S.C. 1395 et seq.) to combat Secretary to be sufficient to cover the cost health care waste, fraud, and abuse, which do dents cost every American household of investigating the information on the ap- not relate to the administration of the medi- $200 a year. plication and the individual’s suitability for care program; and Moreover, economic growth is im- receiving such a code. (2) the amount of funds deposited into such peded when new American-made prod- account of such trust fund during such fiscal SEC. 704. USE OF NEW PROCEDURES. ucts, technology, medicines, and medi- year that were attributable to enforcement cal devices aren’t brought to worldwide No payment may be made under either activities that were intended to combat title XVIII or XIX of the Social Security Act health care waste, fraud, and abuse, which do markets because of too many lawsuits. (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.) not relate to the administration of the medi- This mess-of-a-legal system can be for any item or service furnished by an indi- care program. turned around with reforms that will vidual or entity unless the requirements of (b) CERTIFICATION.—If the portion deter- ensure those who are injured get fairly sections 702 and 703 are satisfied. mined under paragraph (1) of subsection (a) and quickly compensated without re- SEC. 705. NONDISCHARGEABILITY OF CERTAIN exceeds the amount determined under para- sort to expensive and protracted litiga- MEDICARE DEBTS. graph (2) of such subsection, the Secretary tion. The two bills I am introducing (a) PAYMENT TO PROVIDERS.—Section and the Attorney General shall certify to the today take aim at the unnecessary 1815(d) (42 U.S.C. 1395g(d)) is amended by add- Secretary of the Treasury the amount, which ing at the end thereof the following new sen- shall be equal to the amount of such excess, costs of personal injury lawsuits. The tence: ‘‘Notwithstanding any other provision which should be transferred from the Gen- result will be more money in the hands of law, amounts due to the program under eral Fund of the Treasury to such trust fund, of the injured more quickly, and a mas- this subsection are not dischargeable under in order to ensure that such trust fund is sive savings to American consumers. any provision of title 11, United States fully reimbursed for any expenditures made The Joint Economic Committee esti- Code.’’. from the account described in subsection (a) mates that the Auto Choice Reform (b) PAYMENT OF BENEFITS.—Section 1833(j) that are not related to the administration of Act will save the driving public $40 bil- (42 U.S.C. 1395l(j)) is amended by adding at the medicare program under title XVIII of lion annually in insurance costs. Sav- the end thereof the following new sentence: the Social Security Act. ‘‘Notwithstanding any other provision of (c) TRANSFER OF FUNDS.—The Secretary of ings would be progressive, resulting in law, amounts due to the program under this the Treasury shall transfer to such trust savings to low-income drivers of about subsection are not dischargeable under any fund from the General Fund of the Treasury, 45 percent on their insurance pre- provision of title 11, United States Code.’’. out of any funds in the General Fund that miums. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6097 The Legal Reform and Consumer S.1860 negligent drivers for all further uncompen- Compensation Act, designed to change Be it enacted by the Senate and House of Rep- sated economic losses. the monopolistic and anticompetitive resentatives of the United States of America in SEC. 4. DEFINITIONS. contingent fee system and to provide a Congress assembled, For the purposes of this Act, the term— (1) ‘‘accident’’ means unforeseen or un- rapid recovery mechanism for personal SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Auto Choice planned event causing loss or injury; injury victims, would save more than Reform Act of 1996’’. (2) ‘‘economic loss’’ means any objectively $45 billion a year. SEC. 2. FINDINGS. verifiable pecuniary loss resulting from the These dramatic savings are achieved The Congress finds that— harm suffered, including past and future without capping punitive damages, or (1) the costs of operating a motor vehicle medical expenses, loss of past and future limiting the rights of victims. Rather, are excessive due to the legal and adminis- earnings, burial costs, costs of repair, or re- trative costs associated with the processing placement costs of replacement services in these bills expand consumer options. the home, including child care, transpor- By adding a new type of auto insur- of claims under the tort system; (2) the costly fault and liability insurance tation, food preparation, and household care, ance, new ways of paying victims fairly system often fails to provide compensation costs of making reasonable accommodations for their injuries, and breaking the commensurate with loss, takes too long to to a personal residence, loss of employment, contingent fee hold, Americans will be pay benefits and wastes too many dollars on and loss of business or employment opportu- begin to be relieved of the litigation legal fees; nities, to the extent recovery for such losses burden that threatens to strangle (3) the distorted incentives of the tort sys- is allowed under applicable State law; tem for motor vehicles produce— (3) ‘‘financial responsibility law’’ means a every family and burdens the overall statute (including one requiring compulsory economy. (A) significant fraud in the claiming proc- ess, thereby dangerously exacerbating the coverage) penalizing motorists for failing to The changes proposed in these bills national distrust felt by many Americans to- carry defined limits of tort liability insur- ance covering motor vehicle accidents; will require a major rethinking about ward the legal process in general and the (4) ‘‘insurer’’ includes a person who is self- the current zero-sum, adversarial legal rule of law itself; insured within the meaning of applicable (B) significant wasteful, fraudulent, and system. Occasionally, the legal system State law; costly overuse and abuse of scarce health rewards a persistent plaintiff with a (5) ‘‘intentional misconduct’’ means con- care resources and services, thereby increas- windfall damage award—like the duct whereby harm is intentionally caused ing the problems of affordability and acces- woman who won a multi-million-dollar or attempted to be caused by one who acts or sibility in the health care system; fails to act for the purpose of causing harm verdict from McDonald’s for spilling (C) significant and unbearable cost burdens or with knowledge that harm is substan- hot coffee on herself. But odds of win- on low-income Americans, which impose on ning in the legal system are about as tially certain to follow when such conduct them the Hobson’s choice of driving on an caused or substantially contributed to the good as hitting a jackpot in Las Vegas. unlawful, uninsured basis or compelling harm claimed for, except a person does not The perverse incentive structure— them to forego essential needs; intentionally cause or attempt to cause the one-in-a-million chance of winning (D) significant reductions in access to, and harm— purchases of, motor vehicles, thereby damag- the lottery—discourages settlement (A) merely because his or her act or failure ing the economic well-being of many low-in- to act is done with the realization that it and rewards a piling on of claims. If a come Americans, while also unnecessarily jury will award an injured party 3 creates a grave risk of causing harm; or harming a critical component of the Amer- (B) if the act or omission causing bodily times his or her out-of-pocket losses, ican economy; harm is for the purpose of averting bodily then 10 trips to the doctor are better (E) significant deterioration of the eco- harm to oneself or another person; than 2. The Rand Corp., in a study re- nomic well-being of most major American (6) ‘‘motor vehicle’’ means a vehicle of any leased earlier this year, estimates that cities through the imposition of a massive, kind required to be registered under the pro- excess medical claiming connected differentially greater ‘‘tort tax’’ on urban visions of the applicable State law relating residents, thereby contributing to the aban- to motor vehicles; with lawsuits consumed some $4 billion donment of cities by many American tax- of health care resources. (7) ‘‘net economic loss’’— payers able to achieve substantial after-tax (A) means economic loss, including when But the fault for the runaway legal savings on automobile insurance premiums payable based on fault, a reasonable attor- system does not lie exclusively with by the sole act of moving to adjacent subur- ney’s fee calculated on the basis of the value the injured and their lawyers. Defend- ban communities; and of the attorney’s efforts as reflected in pay- ants and their lawyers know that the (F) significant inability to achieve market- ment to the attorney’s client; and based discounts in insurance rates for owners (B) excludes amounts paid or payable multimillion-dollar jury award is a of safer cars, thereby powerfully contribut- rare occurrence. Yet, most cases are under— ing to the lesser safety of American drivers (i) Federal, State, or private disability or fought as if every case results in $1 and passengers; sickness programs; million verdict. Every dollar spent on (4) a system that allows consumers the op- (ii) Federal, State, or private health insur- defense buys delay and precludes early portunity to self-insure and separates eco- ance programs; and reasonable resolution. nomic and non-economic damages for the (iii) employer wage continuation pro- In the meantime, every American purpose of purchasing insurance would pro- grams; vide enormous cost savings to drivers; (iv) workers’ compensation or similar oc- pays the price—through higher car in- (5) consumer choice in selection of motor cupational compensation acts; and surance premiums, spiraling medical vehicle insurance would be greatly enhanced (v) any other source of payment intended bills, and soaring prices at the check- if each consumer could decide upon the form to compensate such individual for injuries out counter. And the economy suffers of insurance that best suits the individual resulting from a motor vehicle accident, in- from slow growth and through prod- needs of the consumer; cluding amounts paid under personal protec- ucts, inventions, and technologies (6) insurance to indemnify individuals for tion insurance or tort maintenance coverage; withheld from the world’s markets be- personal injury arising from motor vehicle (8) ‘‘no-fault motor vehicle law’’ means a cause of the cost of lawsuits. It’s time collisions is frequently unavailable at rea- statute under which those injured in motor sonable cost because of the potential for vehicle accidents are paid without regard to we cut the tort tax and give every third-party claims; fault for their pecuniary losses as a result of American relief from the costly legal (7) a system enabling individuals to select personal injury, in return for which claims system. the form of motor vehicle insurance cov- based on fault including for nonpecuniary I am pleased that Senator DOLE is erage that best suits individual needs would losses, are to a defined extent limited; joining this effort. His sponsorship of enhance individual freedom and reduce the (9) ‘‘noneconomic loss’’ means subjective, this ambitious effort to overhaul the costs of motor vehicle insurance for consum- nonmonetary losses including pain, suffer- ers; and ing, inconvenience, mental suffering, emo- legal system will probably be one of his (8) a system which targets and emphasizes tion distress, loss of society and companion- last legislative initiatives. I am hon- the scourge of those who drive under the in- ship, loss of consortium, hedonic damages, ored to have his support. fluence of drugs or alcohol will further deter injury to reputation, and humiliation; I ask unanimous consent that a copy such dangerous and unlawful conduct. (10) ‘‘person’’ means any individual, cor- of the two bills and a summary of the SEC. 3. PURPOSE. poration, company, association, firm, part- nership, society, joint stock company, or any bills be printed in the RECORD. The purpose of this Act is to authorize con- sumers of motor vehicle insurance to choose other entity (including any governmental There being no objection, the mate- between their present tort remedies under entity); rial was ordered to be printed in the State law and a system which combines (11) ‘‘personal protection’’ means an insur- RECORD, as follows: first-party insurance and the right to sue ance contract payable without regard to S6098 CONGRESSIONAL RECORD — SENATE June 11, 1996 fault for net economic loss due to personal tractual provisions giving effect to personal the absence of express consent, shall be im- injury resulting from a motor vehicle acci- protection authorizations set forth in this plied when the relative is present in a motor dent, along with waiver of tort claims pursu- Act, or to the extent that State law would be vehicle operated by the motorist; and ant to this Act; contrary to other provisions of this Act. (ii) insurers are authorized to specify rea- (12) ‘‘replacement service loss’’ means ex- (3) A personal protection insurer is author- sonable terms and conditions governing the penses reasonably incurred in obtaining ordi- ized to contract to pay personal protection commencement, duration, and application of nary and necessary services from others, not benefits periodically as losses accrue. Unless the chosen coverage depending on the num- members of the injured person’s household, the treatment or expenses related thereto ber of motor vehicles and owners thereof in in lieu of the services the injured person are in reasonable dispute, an insurer who a household. would have performed for the benefit of the does not pay a claim for net economic loss (B) In order to minimize conflict between household; covered by a personal protection insurance the two options under subparagraph (A), in- (13) ‘‘resident relative or dependent’’ under this Act within 30 days after payment surers are authorized to maintain underwrit- means a person related to the owner of a is due, shall pay the loss compounded at a ing rules that encourage uniformity within a motor vehicle by blood, marriage, adoption, rate of 50 percent per annum, as liquidated household. or otherwise (including a dependent receiv- damages and in lieu of any penalty or exem- (6) A personal protection insured retains ing financial services or support from such plary damages. the right to claim, and remains subject to a owner), and residing in the same household (b) OPERATION OF THE RIGHT TO CHOOSE.— claim, for driving under the influence of al- at the time of accidental personal injury, (1) Under this Act, in lieu of buying tradi- cohol or illegal drugs, both as defined by and a person resides in the same household if tional tort liability insurance for personal State law, or for intentional misconduct. he or she usually makes his or her home in injury to protect third parties, motorists (7) A personal protection insured claims the same family unit, even though tempo- have the right to choose personal protection personal protection benefits in the following rarily living elsewhere; which will be available to themselves and priority: (14) ‘‘serious bodily injury’’ means bodily their family members in the event of a (A) The personal protection of an employer injury which results in death, dismember- motor vehicle accident, including the if the person injured is an employee of the ment, significant and permanent loss of an amount of financial protection they deem employer and the accident occurs while the important bodily function, or significant and appropriate and affordable for themselves employee is acting within the scope of the permanent scarring or disfigurement; and such others. As an alternative, motorists employee’s employment. (15) ‘‘State’’ means any State of the United have the right to elect traditional tort liabil- (B) The personal protection under which States, the District of Columbia, the Com- ity coverage for personal injury at the mini- the injured person is or was an insured. monwealth of Puerto Rico, Guam, the Virgin mum limits (or higher) under the State’s fi- (C) The personal protection covering a Islands, American Samoa, the Northern Mar- nancial responsibility law. motor vehicle involved in the accident, if the iana Islands, the Trust Territories of the Pa- (2)(A) A motorist who chooses traditional person injured was an occupant or was tort liability has automatically included in cific Islands, and any other territory or pos- struck by such motor vehicle at the time of such coverage tort maintenance coverage at session of the United States; the accident. (16) ‘‘tort liability’’ means the legal obliga- least at the equivalent of the minimum lev- (8) A personal protection insurer is author- els of insurance under the higher of— tion for payment of damages caused by one ized to write personal protection coverage— (i) the State’s financial responsibility law adjudged to have committed a tort; (A) without any deductible or subject to a for personal injury; or (17) ‘‘tort liability insurance’’ means insur- reasonable deductible not to exceed $1,000; (ii) the State’s no-fault motor vehicle law, ance by the terms of which an insurer agrees and if applicable. to pay, on behalf of an insured, damages the (B) with an exclusion of coverage for per- (B) A motorist described under subpara- latter is obligated to pay a third person be- sons driving under the influence of alcohol or graph (A) who is involved in an accident with cause of his or her liability to that third per- illegal drugs. another motorist remains subject to tort law (9) A personal protection insurer is sub- son; for personal injury except that, based on rogated, to the extent of its obligations, to (18) ‘‘tort maintenance coverage’’ means fault, such motorist— all of the rights of its personal protection in- coverage under which a tort liability in- (i) may be claimed against by those cov- sured with respect to an accident caused in sured, when involved in an accident with a ered by personal protection insurance or tort whole or in part, as determined by applicable personal protection insured, retains his or maintenance coverage only for net economic State law, by the negligence of an uninsured her right to claim for personal injury under loss; and motorist or driving under the influence of al- State law without modification by any pro- (ii) may not claim against those covered by cohol or illegal drugs, or caused in whole or vision of this Act, except that responsibility personal protection insurance or tort main- in part by intentional misconduct or any for payment for any such claim is assumed tenance coverage except for net economic person who is not affected by the limitations by his or her own insurer to the extent of loss. on tort rights and liabilities under this Act. such coverage under section 5(b)(1); and (C)(i) With respect to a claim under sub- (10) Any person lawfully uninsured under (19) ‘‘uninsured motorist’’ means the owner paragraph (B)(ii), a deduction is made the terms of State law for either personal of a motor vehicle, including his or her resi- against the recovery equal to the limits of protection or tort liability insurance retains dent relatives, uninsured for either personal tort maintenance coverage applicable to the his or her tort rights in a form unaffected by protection or tort liability insurance at the economic loss of the claimant. limits prescribed by the applicable State’s fi- (ii) One-half of any amount paid under tort this Act. (c) RENEWAL OR CANCELLATION.—An insurer nancial responsibility law or higher under maintenance coverage referred to under shall not cancel, fail to renew, or increase section 5(a)(2)(A). clause (i) shall be deemed payable for eco- the premium of its insured solely on account SEC. 5. MOTOR VEHICLE PERSONAL PROTECTION nomic loss. INSURANCE. (3) A motorist who chooses personal pro- of the insured or any other injured person (a) INSURANCE POLICY PROVISIONS.—(1) An tection coverage and who is involved in an making a claim for personal protection bene- insurance policy that includes provisions accident with another such motorist is com- fits or, where there is no basis for ascribing that entitle the insured to receive, without pensated under his or her own policy for net fault to the insured or one for whom the in- regard to fault or lack of fault, the insured’s economic loss only without regard to fault. sured is vicariously liable, for tort mainte- net economic losses caused by an injury But if the motorist sustains net economic nance coverage. along with an express, specific waiver of tort loss in excess of his or her policy’s benefit (d) IMMUNITY.—No insurer or any agent or rights as provided in the insurance policy levels, that person retains the right to claim employee of such insurer, no insurance pro- shall be valid notwithstanding any contrary and sue for net economic loss based on fault. ducer representing a motor vehicle insurer provisions of State law. (4) If a motorist who has chosen personal or any automobile residual market plan, and (2) In order for a personal protection insur- protection coverage is involved in an acci- no attorney licensed to practice law within ance policy to be covered by this Act, a dent with an uninsured motorist, the per- this State shall be liable in an action for motor vehicle insurance policy issued by an sonal protection insured is compensated for damages on account of an election of the insurer shall, at a minimum— net economic loss without regard to fault ac- tort liability option, an election of the per- (A) provide personal protection coverage of cording to the terms of his or her personal sonal protection option, or a failure to make the greater of— protection policy, and has the right to claim a required election, unless such person has (i) up to the minimum limits of liability against the uninsured motorist for net eco- willfully misrepresented the available insurance for personal injury under the nomic loss based on fault. The uninsured mo- choices or has fraudulently induced the elec- State’s financial responsibility law; or torist forfeits the right to claim for non- tion of one system over the other. (ii) in a State covered by a no-fault motor economic loss against the motorist who has (e) RULE OF CONSTRUCTION.—Nothing in vehicle insurance law, up to the minimum chosen the personal protection policy. this Act shall be construed— level of insurance required for no-fault bene- (5)(A) A motorist who chooses either per- (1) to waive or affect any defense of sov- fits; and sonal protection insurance or tort liability ereign immunity asserted by any State (B) contain provisions under the State’s fi- insurance also binds by such choice his or under any law or by the United States; nancial responsibility law, including those her resident relatives, provided that— (2) to preempt State choice-of-law rules related to liability for property damage, ex- (i) an adult resident relative shall not be with respect to claims brought by a foreign cept to the extent State law would bar con- bound without his or her consent, which, in nation or a citizen of a foreign nation; June 11, 1996 CONGRESSIONAL RECORD — SENATE S6099

(3) to affect the right of any court to trans- (e) CONSTRUCTION.—Nothing in this Act (A) is highly regressive; fer venue, to apply the law of a foreign na- shall alter or diminish the authority or obli- (B) is often duplicative of and inconsistent tion, or to dismiss a claim of a foreign na- gation of the Federal courts to construe the with Federal regulatory and social welfare tion or of a citizen of a foreign nation on the terms of this Act. programs for the protection of injured par- ground of inconvenient forum; SEC. 7. EFFECTIVE DATE. ties; (4) subject to paragraph (1), to create or This Act shall take effect 60 days after the (C) is burdened by an administrative cost vest jurisdiction in the district courts of the date of the enactment of this Act. structure that causes a disproportionate United States over any motor vehicle acci- amount of its dollars to go to lawyers rather dent liability or damages action subject to S. 1861 than to injured parties; this Act which is not otherwise properly in Be it enacted by the Senate and House of Rep- (D) is particularly prejudicial to the com- the United States District Court; resentatives of the United States of America in petitive position of the American small busi- (5) to prevent insurers and insureds from Congress assembled, ness community; contracting to limit recovery for lost wages (E) is a major and increasing threat to the SECTION 1. SHORT TITLE. and income under personal protection cov- economic viability of American cities; This Act may be cited as the ‘‘Legal Re- erage such that only 60 percent or more of (F) imposes a major burden on the Amer- form and Consumer Compensation Act of lost wages or income is covered, or to offset ican economy and if reformed would signifi- 1996’’. death benefits under personal protection cantly enhance American productivity and coverage by amounts paid for lost wages and SEC. 2. TABLE OF CONTENTS. consumer wealth; replacement service losses; The table of contents for this Act is as fol- (G) is replete with incentives that reward (6) to prevent an insurer from contracting lows: abusive claiming and defensive behavior; and with personal protection insureds, as per- Sec. 1. Short title. (H) is therefore a major cause of the dan- mitted by State law, to have submitted to Sec. 2. Table of contents. gerous disesteem increasingly felt by in- arbitration any dispute with respect to pay- Sec. 3. Findings. creasing numbers of Americans toward the ment of personal protection benefits; TITLE I—EARLY OFFER AND RAPID legal system and, indeed, the rule of law it- (7) to relieve a motorist of the obligations RECOVERY self; and imposed by State law to purchase tort liabil- Sec. 101. Early offer and rapid recovery (6) there is a need for a system of early ity insurance for personal injury to protect mechanisms. offer, rapid recovery and consumer choice to third parties who are not affected by the im- TITLE II—FAIRNESS IN LEGAL FEES enable claimants to be made whole and re- munities of subsection (b); and cover all economic losses without resort to Sec. 201. Findings and purpose. (8) to preclude a State from enacting, for complex and protracted litigation. all motor vehicle accident cases including Sec. 202. Definitions. cases covered by this Act, a minimum dollar Sec. 203. Creation of a fiduciary relation- TITLE I—EARLY OFFER AND RAPID value for defined classes of cases involving ship. RECOVERY death or serious bodily injury. Sec. 204. Written hourly rate fee agreement. SEC. 101. EARLY OFFER AND RAPID RECOVERY SEC. 6. APPLICABILITY TO STATES; CHOICE OF Sec. 205. Nature of demand for compensa- MECHANISMS. LAW; JURISDICTION; AND CON- tion. (a) PURPOSE.—The purpose of this title is STRUCTION. Sec. 206. Time limit for, and requisite con- to establish a system of early offer and rapid (a) ELECTION OF NONAPPLICABILITY BY tents of, response setting forth recovery to permit personal injury claimants STATES.—This Act shall not apply in a State settlement offer. to recover their economic losses from a re- Sec. 207. Consequences of failure to include if such State enacts a statute that— sponsible party in a timely manner. (1) cites the authority of this subsection; prescribed material with settle- (b) IN GENERAL.—Chapter 111 of title 28, ment offer. and United States Code, is amended by adding at Sec. 208. No obligation to issue response; in- (2) declares the election of such State that the end the following new section: this Act shall not apply. admissibility of demands, re- (b) NONAPPLICABILITY TO STATE BY STATE sponses, and failure to respond. ‘‘§ 1660. Early offer and rapid recovery mech- FINDING.—(1) This Act shall not apply in a Sec. 209. Effect of pre-demand settlement anisms State, if— offer. ‘‘(a) For purposes of this section: (A) the State official charged with jurisdic- Sec. 210. Pre-retention offer. ‘‘(1) The term ‘allegedly responsible party’ tion over insurance rates for motor vehicles Sec. 211. Post-retention offer when a pre-re- means a person, partnership, or corporation, makes a finding that the statewide average tention offer has been made. and an insurer thereof, alleged by the claim- motor vehicle premiums in effect imme- Sec. 212. Post-retention offer when no pre- ant to be responsible for at least some por- diately before the effective date of this Act retention offer has been made. tion of an injury alleged by a claimant. for personal injury will not be reduced by an Sec. 213. Calculation of attorney’s fee when ‘‘(2) The term ‘claimant’ means an individ- average of at least 30 percent for persons there is a subsequent resolution ual who, in his or her own right, or vicari- choosing personal protection coverage in of the claim. ously as otherwise permitted by law, is seek- lieu of traditional tort liability pursuant to Sec. 214. Provision of closing statement. ing compensation for personal injury. Sec. 215. Effect of contravening agreements. this Act (without including any cost for un- ‘‘(3) The term ‘clear and convincing evi- Sec. 216. Inapplicability. insured or underinsured or medical payments dence’ means that measure or degree of proof coverages); TITLE III—APPLICABILITY AND RULE OF that will produce in the mind of the trier of (B) the finding described under subpara- CONSTRUCTION fact a firm belief or conviction as to the graph (A) is supported by evidence adduced Sec. 301. Applicability to States; choice of truth of the allegations sought to be estab- in public hearing and reviewable under the law; jurisdiction; and construc- lished. The level of proof required to satisfy State’s administrative procedure law; and tion. such standard shall be more than that re- (C) the finding described under subpara- Sec. 302. Effective date. quired under preponderance of the evidence, graph (A) and any review of such finding de- SEC. 3. FINDINGS. and less than that required for proof beyond scribed under subparagraph (B) occurs no The Congress finds that— a reasonable doubt. later than 60 days after the date of the enact- (1) the current liability system is, all too ‘‘(4) The term ‘collateral benefits’ means ment of this Act. often, a frustrating experience for many per- all benefits and advantages received or enti- (2) Premiums for personal injury referred sonal injury claimants, resulting in a time- tled to be received (regardless of the right of to under paragraph (1)(A) include premiums consuming process which provides inad- recoupment of any other entity, through for— equate compensation for their injuries; (A) personal injury liability, uninsured and subrogation, trust agreement, lien, or other- underinsured motorists’ liability, and medi- (2) for other personal injury claimants, the wise) by an injured individual (or other en- cal payments coverage; and system can provide a windfall of financial tity) as reimbursement of loss because of (B) if applicable— gain, greatly in excess of their actual losses; personal injury— (i) no fault benefits under no fault motor (3) the unpredictable and erratic system is ‘‘(A) payable or required to be paid by— vehicle law; or a product of a perverse incentive structure in ‘‘(i) Federal, State, or other governmental (ii) similar benefits under a law not limit- which the magnitude of noneconomic dam- disability, unemployment, or sickness pro- ing claims based on fault for nonpecuniary ages is directly linked to, and is a multiple grams; losses. of, the out-of-pocket expenses incurred by ‘‘(ii) under the terms of any Federal, State, (c) CHOICE OF LAW.—In disputes between the claimant; or other governmental or private health in- citizens of States that elect nonapplicability (4) the incentives of the litigation system surance, accident insurance, wage or salary under subsection (a) and citizens of States perpetuate the overuse and abuse of the med- continuation plan, or disability income in- that do not so elect, ordinary choice of law ical system, costing the economy billions of surance; or principles shall apply. dollars and costing every United States fam- ‘‘(iii) any other program or compensation (d) JURISDICTION.—This section shall not ily hundreds of dollars in unnecessary insur- system, if the payment is intended to com- confer jurisdiction on the district courts of ance premiums and health care expenses; pensate the claimant for the same injury or the United States under section 1331 or 1337 (5) the system as it has recently devel- disability which is the subject of the claim; or title 28, United States Code. oped— minus S6100 CONGRESSIONAL RECORD — SENATE June 11, 1996 ‘‘(B) the amount paid by such individual tity to punish such persons or entity or to economic loss, less collateral benefits. The (or by the spouse, parent, child, or legal deter such person or entity, or others, from amount of collateral benefits shall be deter- guardian of such individual) to secure the engaging in similar behavior in the future. mined by the court in a pretrial proceeding. payments described in subparagraph (A). ‘‘(11) The term ‘reasonable attorney’s fee’ In any subsequent proceeding in the action, ‘‘(5) The term ‘economic loss’ means any means an hourly fee for services rendered no evidence shall be admitted as to the objectively verifiable pecuniary loss result- subsequent to the execution of a written amount of economic loss for which collateral ing from the harm suffered, including past agreement establishing an attorney-client benefits have been paid to, or will be paid to, and future medical expenses, loss of past and relationship that bears a reasonable relation the claimant. The claimant may recover for future earnings, burial costs, property dam- to the attorney’s actual efforts on the cli- noneconomic loss to the extent authorized age accompanying bodily injury, costs of re- ent’s behalf. Fees shall not be deemed rea- by other applicable law only if the claimant placement services in the home, including sonable to the extent that services provided proves each element of the claim for non- child care, transportation, food preparation, by an attorney are attributable to any fail- economic loss by clear and convincing evi- and household care, costs of making reason- ure to provide reasonably prompt notice pur- dence, that the allegedly responsible party able accommodations to a personal resi- suant to subsection (b)(1)(A)(ii). caused the injury by intentional or wanton dence, loss of employment, and loss of busi- ‘‘(12) The term ‘serious bodily injury’ misconduct. ‘‘(2) A notice of such a rejection is required ness or employment opportunities, to the ex- means bodily injury which results in death, to be made not later than 90 days after the tent recovery for such losses is allowed dismemberment, significant and permanent date on which the offer of compensation ben- under applicable State law. loss of an important bodily function, or sig- efits is made. A failure to accept the offer ‘‘(6) The term ‘entity’ includes an individ- nificant and permanent scarring or disfigure- within the 90-day period is deemed a rejec- ual or person. ment. tion. ‘‘(7) The term ‘intentional misconduct’ ‘‘(13) The term ‘wanton misconduct’ means means conduct whereby harm is inten- ‘‘(g) Rejected offers may not be disclosed conduct that the allegedly responsible party in any subsequent action brought by the tionally caused or attempted to be caused by realized was excessively dangerous, done one who acts or fails to act for the purpose claimant. heedlessly and recklessly, and with a con- ‘‘(h) Nothing in this section shall be con- of causing harm or with knowledge that scious disregard of the consequences to or strued to— harm is substantially certain to follow when rights and safety of the claimant. ‘‘(1) waive or affect any defense of sov- such conduct caused or substantially con- ‘‘(b)(1)(A) After an occurrence that may tributed to the harm claimed for, except a ereign immunity asserted by any State give rise to a civil action or claim against under any law; person does not intentionally cause or at- any person, in any Federal or State court tempt to cause harm— ‘‘(2) waive or affect any defense of sov- based on any cause of action to recover dam- ereign immunity asserted by the United ‘‘(A) merely because his or her act or fail- ages for personal injury, any potentially al- ure to act is intentional or done with the re- States; legedly responsible party has the option to ‘‘(3) affect the applicability of any provi- alization that it creates a risk of harm; or offer, not later than the later of— ‘‘(B) if the act or omission causing bodily sion of chapter 97; ‘‘(i) 120 days after the injury; or ‘‘(4) preempt State choice-of-law rules with harm is for the purpose of averting bodily ‘‘(ii) 120 days after the initiation of the li- harm to oneself or another person. respect to claims brought by a foreign nation ability claim, or a citizen of a foreign nation; ‘‘(8) The term ‘liability claim’ means a de- to compensate a claimant for reasonable eco- mand for compensation by certified mail to ‘‘(5) affect the right of any court to trans- nomic loss, including future economic loss, fer venue or to apply the law of a foreign na- an allegedly responsible party, which shall less collateral benefits, and including a rea- set forth the material facts relevant to the tion or to dismiss a claim of a foreign nation sonable attorney’s fee for the claimant. or of a citizen of a foreign nation on the claim including— ‘‘(B) If within 30 days of receipt of a liabil- ground of inconvenient forum; ‘‘(A) the name, address, age, marital sta- ity claim an allegedly responsible party no- ‘‘(6) affect any applicable statute of limita- tus, and occupation of claimant, which term tifies an unrepresented claimant or a claim- tions of any State or of the United States, for the purposes of this section includes the ant’s attorney of a request for a medical ex- except as expressly provided in this title; or injured party if claimant is operating in a amination of the claimant, and the claimant ‘‘(7) impair any right of a provider of col- representative capacity; is not made available for such examination lateral benefits to seek reimbursement out- ‘‘(B) a brief description of how the injury within 10 days of receipt of the request, the side of the claimant’s cause of action where occurred; time provided by this section for issuing a permitted by State law, other than by a lien ‘‘(C) the names, and, if known, the address- response is extended by 1 day for each day on the recovery of the claimant. es, telephone numbers, and occupations of all that the request is not honored after the ex- known witnesses to the injury; ‘‘(i)(1) This section shall not apply to acci- piration of 10 days from the date of the re- dental bodily injury caused by the operation ‘‘(D) copies of photographs in claimant’s quest. Any such extension shall also include possession that relate to the injury; or the use of a motor vehicle in claims in a further period of 10 days from the date of which an uninsured motorist or a personal ‘‘(E) the basis for claiming that the party the completion of the medical examination. to whom the claim is addressed is at least protection insured is involved. ‘‘(C) The claimant may extend the time for ‘‘(2) For purposes of this subsection the partially responsible for causing the injury; receiving the offer specified in subparagraph ‘‘(F) a description of the nature of the in- term ‘operation or use’— (A). ‘‘(A) means operation or use of a motor ve- jury, the names and addresses of all physi- ‘‘(2) States may establish for all cases, in- cians, other health care providers, and hos- hicle as a motor vehicle, including, incident cluding cases covered by this title, a mini- to its operation or use as a vehicle, the occu- pitals, clinics, or other medical service enti- mum dollar value for defined classes involv- ties that provided medical care to the claim- pation of the vehicle; ing death or serious bodily injury. A claim- ‘‘(B) does not cover conduct within the ant or the injured party including the date ant shall have the option of accepting such and nature of the service; course of a business of manufacturing, sell- minimum dollar value payable in lump sum, ing, or maintaining a motor vehicle, includ- ‘‘(G) a copy of the medical records relating or accepting the benefit specified in para- to the injury and those involving a prior in- ing repairing, servicing, washing, loading, or graph (1)(A). unloading; and jury or preexisting medical condition which ‘‘(c) An offer under subsection (b) may in- ‘‘(C) does not include such conduct not an allegedly responsible party would be able clude other allegedly responsible parties, in- within the course of such a business unless to introduce into evidence in a trial or, in dividuals, or entities that were involved in such conduct occurs while occupying a lieu of either or both, executed releases au- the events which gave rise to the civil ac- motor vehicle.’’. thorizing the allegedly responsible party to tion, regardless of the theory of liability on (c) TECHNICAL AND CONFORMING AMEND- obtain such records directly from health care which the claim is based, upon their request MENTS.—The table of sections for chapter 111 providers that produced or possess them; and or consent. ‘‘(H) relevant documents, including records of title 28, United States Code, is amended by ‘‘(d) Future economic losses shall be pay- adding at the end the following new item: of earnings if a claimant is self-employed able to an individual under this section as and employer records of earnings if a claim- such losses occur. ‘‘1660. Early offer and rapid recovery mecha- ant is employed, and any medical expenses, ‘‘(e) If, after an offer is made under sub- nisms.’’. wages lost, or other pertinent damages suf- section (b), the participants in the offer dis- TITLE II—FAIRNESS IN LEGAL FEES fered as a consequence of the injury. pute their relative contributions to the pay- SEC. 201. FINDINGS AND PURPOSE. ‘‘(9) The term ‘noneconomic loss’ means ments to be made to the individual, such dis- (a) FINDINGS.—The Congress finds that con- nonmonetary losses including punitive dam- putes shall be resolved through binding arbi- tingency fees play a useful and often critical age claims and further including without tration in accordance with applicable rules role in ensuring access to counsel and the being limited to pain, suffering, inconven- and procedures established by the Attorney courts on the part of those who would other- ience, mental suffering, emotional distress, General of the United States. wise be unable to afford such access, but loss of society and companionship, loss of ‘‘(f)(1) The claimant may reject an offer of that— consortium, hedonic damages, injury to rep- compensation made under subsection (b) and (1) personal injury claimants are often sub- utation, and humiliation. elect to bring or maintain a civil action. jected to unnecessary costs, delays, and inef- ‘‘(10) The term ‘punitive damages’ means Upon rejection of the offer, the claimant ficiencies in processing their compensation damages awarded against any person or en- may recover economic loss, including future claims; June 11, 1996 CONGRESSIONAL RECORD — SENATE S6101 (2) virtually all such claimants who are tion to injured persons, excessive medical whereby the attorney agrees to perform a represented by attorneys are charged contin- care costs and delayed claims processing; specific legal task in exchange for a specified gent fees; and sum to be paid by claimant. (3) the ethical and legal validity of a con- (13) there is a need for adopting a proce- (8) The term ‘‘hourly rate fee’’ means the tingent fee is dependent upon an attorney dure to implement appropriate ethical and fee generated by an agreement, or otherwise undertaking risk in exchange for sharing legal standards and to resolve personal in- by operation of law, between an attorney and proportionately in the proceeds of a claim; jury claims more fairly and promptly. claimant providing that claimant pay the at- (4) the perverse incentives of the existing (b) PURPOSES.—The purposes of this title torney a fee determined by multiplying the system often encourage and reward defend- are to— hourly rate negotiated, or otherwise set by ants who take intransigent settlement posi- (1) enforce more efficiently and effectively law, between the attorney and claimant, by tions and otherwise unethically add to the ethical standards governing the reasonable- the number of hours that the attorney has costs and delays of settling meritorious ness of lawyers’ fees and correspondingly to worked on behalf of claimant in furtherance claims for, among other reasons, the purpose implement the stricter scrutiny that courts of claimant’s interest. An hourly rate fee of reducing the marginal rates of compensa- are obliged to apply to contingent fees; may also be a contingent fee to the extent it tion received by claimants’ counsel; (2) reverse systemic incentives now in ef- is only payable in fact or in effect from the (5) many deserving claimants receive in- fect so as to reward, and not to penalize, de- proceeds of any recovery on behalf of claim- equitable compensation because— fendants who make substantial early settle- ant. (A) such claimants are required to pay at- ment offers; (9) The term ‘‘injury’’ means personal in- torneys approximately one-third or more of (3) compensate claimants’ attorneys more jury. any recovery even when there is little or no rationally by calculating their compensation (10) The term ‘‘personal injury’’ means an issue of liability or damages and therefore in relation to the value of services rendered occurrence resulting from any act giving rise little or no assumption of risk by the attor- and risks undertaken; to a tort claim, including, without limita- ney; and (4) compensate more fairly those seeking tion, bodily injury, sickness, disease, death, (B) when a defendant or its insurer has redress for injuries by giving them a larger or property damage accompanying bodily in- made a substantial settlement offer before share of promptly achieved settlements; jury. the attorney’s retention or shortly there- (5) further enhance the likelihood of early (11) The term ‘‘post-retention offer’’ means after and the attorney has added little or settlement of claims by preserving a larger an offer of settlement in response to a de- share of early settlement offers for claim- nothing to the value of the claim to that mand for compensation made within the ants; point, payment of a substantial contingent time constraints, and conforming to the pro- (6) lower the costs of the personal injury fee is nonetheless generally required; visions of this title, made to a claimant who tort compensation system including unnec- (6) the current compensation system often is represented by a contingent fee attorney. essary medical and defense costs; fails to provide sufficient financial incen- (12) The term ‘‘pre-retention offer’’ means (7) remove the burdens on interstate com- tives to effectuate prompt and adequate an offer to settle a claim for compensation merce and the Nation’s health care programs compensation to deserving claimants, result- made to a claimant not represented by an at- that are imposed by the current tort com- ing in— torney at the time of the offer. (A) delays in adjudications and case settle- pensation system; (13) The term ‘‘response’’ means a written ments often caused by intransigent defend- (8) create a simple, self-enforcing system, communication by claimant or an allegedly ant conduct that the present system per- controlled by the parties, which forms an responsible party or the attorney for either, versely rewards and thereby deprives claim- early basis for establishing the sums and is- deposited into the United States mail and ants of prompt compensation; sues that are in dispute; sent certified mail or delivered by an over- (B) a substantial burden on Federal and (9) reduce unworkable burdens now placed night delivery service. State courts contributing to very high case on courts and bar grievance boards presently (14) The term ‘‘settlement offer’’ means a backlogs; and charged with enforcing ethical standards written offer of settlement set forth in a re- (C) regressive cost burdens and substantial through ex post facto, case-by-case fact find- sponse within the time limits set forth in avoidable costs imposed on all parties result- ing processes that pose difficult burdens of ing from the long delays in resolving many proof and impose disproportionate trans- this title. claims; action costs on both parties and fact finders; SEC. 203. CREATION OF A FIDUCIARY RELATION- (7) the current tort compensation system and SHIP. (10) provide alternatives to across-the- which results in delays in resolving claims For purposes of this title, a fiduciary rela- board fee cap reforms, which often provide and which effectively provides for increased tionship commences when a claimant defendants with unearned advantages and noneconomic damages and, therefore, in- consults a contingent fee attorney to seek further encourage many defendants in uneth- creased legal fees as medical care costs in- professional services. crease, provides perverse financial incentives ical protraction of settlement of meritorious for both more intensive and unnecessary use claims. SEC. 204. WRITTEN HOURLY RATE FEE AGREE- of medical care providers and the fraudulent SEC. 202. DEFINITIONS. MENT. incurrence of medical care expenses, thereby For purposes of this title: Contingent fee agreements for the rep- adding materially to the Nation’s health (1) The term ‘‘allegedly responsible party’’ resentation of parties with claims shall also care costs and burdens; means a person, partnership, corporation, include alternate hourly rate fees. If a con- (8) delays in resolving claims often result and an insurer thereof, alleged by a claimant tingent fee attorney has not entered into a in more intensive and unnecessary use of to be responsible for at least some portion of written agreement with claimant at the time medical care providers, thereby adding to a personal injury alleged by claimant. of retention setting forth the attorney’s the Nation’s health care burden; (2) The term ‘‘claim’’ means an assertion of hourly rate, then a reasonable hourly rate is (9) the claims process gives rise to substan- entitlement to compensation for personal in- payable, subject to the limitations set forth tial, avoidable transaction costs because of jury from an allegedly responsible party and, in this title. the lack of adequate incentives for defend- to the extent subject to a contingent fee ants and their insurers to offer prompt and agreement, to all other related claims aris- SEC. 205. NATURE OF DEMAND FOR COMPENSA- equitable settlements to meritorious claim- ing from such injury. TION. ants and because claimants’ attorneys exact (3) The term ‘‘claimant’’ means an individ- (a) IN GENERAL.—At any time after reten- a significant share of any settlement even ual who, in his or her own right, or vicari- tion, a contingent fee attorney pursuing a when their efforts do not generate or aug- ously as otherwise permitted by law, is seek- claim shall send a demand for compensation ment the settlement offer; ing compensation for personal injury. by certified mail to an allegedly responsible (10) contingency fee practices, as described (4) The term ‘‘contingent fee’’ means the party, which shall set forth the material in the preceding paragraphs, expose a clear fee negotiated in a contingent fee agreement facts relevant to the claim including— and impermissible gap between (A) the ethi- that is payable in fact or in effect only from (1) the name, address, age, marital status, cal standards established and promulgated the proceeds of any recovery on behalf of and occupation of claimant, which term for by courts and professed by the Bar, and (B) claimant. the purposes of this title includes the injured the actual practices of the Bar; (5) The term ‘‘contingent fee agreement’’ party if claimant is operating in a represent- (11) contingency fee practices, as described means a fee agreement between an attorney ative capacity; in the preceding paragraphs, bring substan- and claimant wherein the attorney agrees to (2) a brief description of how the injury oc- tial disrepute to the Bar and to the legal sys- bear the risk of no or inadequate compensa- curred; tem as a whole and loss of confidence in the tion in exchange for a proportionate share of (3) the names, and, if known, the addresses, rule of law itself, not the least because they any recovery by settlement or verdict ob- telephone numbers, and occupations of all create and expose broad gaps between the tained for claimant. known witnesses to the injury; stated ethical principles of the legal profes- (6) The term ‘‘contingent fee attorney’’ (4) copies of photographs in claimant’s pos- sion and its real world practices; means an attorney who agrees to represent session that relate to the injury; (12) the inability of the Bar and the courts claimant in exchange for a contingent fee. (5) the basis for claiming that the party to to curb contingency fee abuses has led to (7) The term ‘‘fixed fee’’ means an agree- whom the claim is addressed is at least par- higher settlement costs, lowered compensa- ment between an attorney and claimant tially responsible for causing the injury; S6102 CONGRESSIONAL RECORD — SENATE June 11, 1996

(6) a description of the nature of the in- riod set forth in subsection (a)(1) by issuing (c) PRESUMPTIVE REASONABLE FEE.—An at- jury, the names and addresses of all physi- an additional offer stating that the time for torney who contracts with a claimant for a cians, other health care providers, and hos- acceptance is 10 days after receipt of the ad- reasonable hourly rate or a reasonable fixed pitals, clinics, or other medical service enti- ditional offer by claimant’s attorney or 30 fee, or who is paid such a fee for advising ties that provide medical care to claimant or days from receipt of the initial response, claimant regarding the fairness of the pre-re- the injured party including the date and na- whichever is longer, unless the additional re- tention offer, has charged a presumptively ture of the service; sponse specifies a longer period of time for reasonable fee. (7) medical records relating to the injury acceptance as set forth in subsection (a)(3). SEC. 211. POST-RETENTION OFFER WHEN A PRE- and those involving a prior injury or pre-ex- SEC. 207. CONSEQUENCES OF FAILURE TO IN- RETENTION OFFER HAS BEEN MADE. isting medical condition which an allegedly CLUDE PRESCRIBED MATERIAL (a) REASONABLE FEE BASED ON HOURLY responsible party would be able to introduce WITH SETTLEMENT OFFER. FEE.—A fee paid or contracted to be paid to into evidence in a trial or, in lieu of either or (a) IN GENERAL.—If an allegedly respon- a contingent fee attorney by a claimant who both, executed releases authorizing the al- sible party or its attorney willfully fails to has rejected a pre-retention offer and who legedly responsible party to obtain such include the material required by section later accepts a post-retention offer of a records directly from health care providers 206(a)(4) with a response stating a settlement greater amount is an unreasonable and ex- that produced or possess them; and offer or does not otherwise make such mate- cessive fee unless it is an hourly rate fee (8) relevant documentation, including rial available— that does not exceed 25 percent of the excess records of earnings if a claimant is self-em- (1) a claimant may revoke its acceptance of the post-retention offer over the pre-re- ployed and employer records of earnings if a of such settlement offer within 2 years of tention offer. (b) REASONABLE FEE BASED ON PERCENT- claimant is employed, or any medical ex- having accepted it; and AGE.—If the accepted post-retention offer is penses, wages lost, or other pertinent dam- (2) any fees and costs reasonably incurred by a claimant in revoking its acceptance of less than the pre-retention offer, a total fee ages suffered as a consequence of the injury. for all services rendered that is greater than (b) MAILING OF COPIES.—At the time of the such settlement offer and reinstating its 10 percent of the first $100,000 of the post-re- mailing of the demand for compensation, a claim is recoverable from the allegedly re- tention offer plus 5 percent of any amount claimant’s attorney shall mail copies of each sponsible party, including the losses suffered that exceeds $100,000 after all reasonable ex- such demand to the claimant and to every by a claimant who is precluded from rein- penses have been deducted is an unreason- other allegedly responsible party. stating its claim by operation of a statute of able and excessive fee. (c) LIMITATION ON FEE.—A fee received by limitations. or contracted for by a contingent fee attor- (b) SANCTIONS FOR PARTY.—Willful failure SEC. 212. POST-RETENTION OFFER WHEN NO ney that exceeds 10 percent of any settle- of an allegedly responsible party to comply PRE-RETENTION OFFER HAS BEEN MADE. ment or judgment received by his or her cli- with section 206(a)(4) shall subject such A fee paid or contracted to be paid to a ent after reasonable expenses have been de- party to the sanctions applicable to a party contingent fee attorney by a claimant who ducted is unreasonable and excessive if the who fails to comply with requests for the has not received a pre-retention offer and attorney has sent a timely demand for com- production of documents. who has accepted a post-retention offer is an (c) SANCTIONS FOR ATTORNEY.—Willful fail- pensation but has omitted information of a unreasonable and excessive fee unless it is an ure of an attorney for an allegedly respon- material nature that is required by this sec- hourly rate fee that does not exceed 10 per- sible party to comply with section 206(a)(4) tion which he or she had in his or her posses- cent of the first $100,000 of the offer plus 5 sion or which was readily available to him or shall subject that attorney to the same sanc- percent of any amount that exceeds $100,000 her at the time of filing. tions applicable to attorneys who improperly after all reasonable expenses have been de- SEC. 206. TIME LIMIT FOR, AND REQUISITE CON- counsel their clients not to produce docu- ducted. TENTS OF, RESPONSE SETTING ments for which there has been a discovery SEC. 213. CALCULATION OF ATTORNEY’S FEE FORTH SETTLEMENT OFFER. request. WHEN THERE IS A SUBSEQUENT (a) POST-RETENTION OFFER.—To qualify its SEC. 208. NO OBLIGATION TO ISSUE RESPONSE; RESOLUTION OF THE CLAIM. response as a post-retention offer under this INADMISSIBILITY OF DEMANDS, RE- Irrespective of any pre-retention offer, the title, an allegedly responsible party shall— SPONSES, AND FAILURE TO RE- provisions of section 212 regarding maximum SPOND. (1) issue a response stating a settlement allowable fees remain in effect if a post-re- (a) NO OBLIGATION TO RESPOND.—Nothing offer within 60 days from receipt of a demand tention offer is not accepted by claimant in this title imposes on an allegedly respon- for compensation; within the time provided by this title. Con- sible party an obligation to issue a response (2) send the response to claimant’s attor- tingent fees are unreasonable and excessive ney with a copy to claimant; to a demand for compensation. unless charged against the difference be- (b) INADMISSIBILITY OF OFFER.—Demands (3) state that the offer is open for accept- tween an unaccepted post-retention offer and for compensation, early settlement offers, or ance for a minimum of 30 days from the time the judgment or settlement ultimately ob- the failure of an allegedly responsible party of its receipt by claimant’s attorney and fur- tained by claimant. When such judgment or to issue same, are inadmissible in any subse- ther state whether it expires at the end of settlement is lower than the unaccepted quent litigation, proceeding, or arbitration, this period or remains open for acceptance offer, the fee limitations of section 212 apply to the extent that evidence of settlement ne- for a longer period or until notice of with- against the judgment or settlement. gotiations is inadmissible in the jurisdiction drawal is given; and SEC. 214. PROVISION OF CLOSING STATEMENT. where the case is brought. (4) include with the offer copies of mate- Upon receipt of any settlement or judg- rials in its or its attorney’s possession con- SEC. 209. EFFECT OF PRE-DEMAND SETTLEMENT ment, and prior to disbursement thereof, a OFFER. cerning the alleged injury upon which the al- contingent fee attorney shall provide claim- A settlement offer to an injured party rep- legedly responsible party relied in making ant with a written statement detailing how resented by a contingent fee counsel made the settlement offer except material that the proceeds are to be distributed, including before receipt of a demand for compensation, such party or its attorney believes in good the amount of the expenses paid out or to be which is open for acceptance for 60 days or faith would not be discoverable by claimant paid out of the proceeds, the amount of the more from the time of its receipt and which during the course of litigation. fee, how the fee amount is calculated, and conforms to the requirements of section 206, If reproduction costs under paragraph (4) the amount due claimant. is deemed a post-retention offer and has the would be significant relative to the size of SEC. 215. EFFECT OF CONTRAVENING AGREE- the offer, the allegedly responsible party same effect under this title as if it were a re- MENTS. may, in the alternative, offer other forms of sponse to a demand for compensation. (a) VIOLATION.—A contingent fee attorney access to the materials convenient and at SEC. 210. PRE-RETENTION OFFER. who charges a fee that contravenes this title reasonable cost to claimant’s attorney. (a) PROHIBITION OF PERCENTAGE FEE OF has charged an unreasonable and excessive (b) TIME LIMITATIONS.—If within 30 days of PRE-RETENTION OFFER.—It is a violation of fee. receipt of a claimant’s demand for com- this title for an attorney retained after (b) EXCESSIVE AND UNREASONABLE FEES.—If pensation an allegedly responsible party no- claimant has received a pre-retention offer the fee violates subsection (a), then it is also tifies an unrepresented claimant or a claim- to enter into an agreement with claimant to excessive and unreasonable to the extent ant’s attorney that it seeks to have a medi- receive a contingent fee based upon or pay- that it has not been reduced by any reason- cal examination of claimant, and claimant is able from the proceeds of the pre-retention able fees and costs incurred by claimant in not made available for such examination offer, provided that the pre-retention offer establishing that the fee agreement con- within 10 days of receipt of the request, the remains in effect or is renewed until the travened this title. time herein provided for issuing a response is time has elapsed for issuing a response con- (c) UNENFORCEABLE FEE AGREEMENTS.—Fee extended by 1 day for each day that the re- taining a settlement offer as defined under agreements between claimants and contin- quest is not honored after the expiration of section 206. gent fee attorneys who have charged fees de- 10 days from the date of the request. Any (b) UNREASONABLE AND EXCESSIVE FEE.—An fined under this title as unreasonable or ex- such extension also includes a further period attorney entering into a fee agreement that cessive are illegal and unenforceable except of 10 days from the date of the completion of would effectively result in payment of a per- to the extent provided in this title. the medical examination. centage of a pre-retention offer to a claim- SEC. 216. INAPPLICABILITY. (c) INCREASE IN OFFER.—The settlement ant has charged an unreasonable and exces- (a) EVALUATIONS AND COLLECTIONS.—Except offer may be increased during the 60-day pe- sive fee. for the provisions of section 203, nothing in June 11, 1996 CONGRESSIONAL RECORD — SENATE S6103 this title applies to an agreement between a b. Personal Injury Protection—the injured nent flowage and saturation easements claimant and an attorney to retain the at- collects against his/her policy for economic over land that is located within the 10- torney— losses, regardless of fault. As in the tradi- year flood plain of the James River, (1) on an hourly rate fee or fixed fee basis tional tort coverage, if the injured’s eco- SD, and for other purposes; to the Com- solely to evaluate a pre-retention offer; or nomic loses exceed his/her policy limits, the (2) to collect overdue amounts from an ac- injured will be able to sue the negligent mittee on Environment and Public cepted pre-retention or post-retention settle- party for remaining economic losses, includ- Works. ment offer. ing a reasonable attorney’s fee. EASEMENT ACQUISITIONS LEGISLATION (b) AGREEMENTS IN WHICH CERTAIN OFFERS In all cases of intentional injury or injury NOT MADE.—The provisions of this title pro- that occurs as a result of drug or alcohol use, Mr. DASCHLE. Mr. President, since hibiting the charging of contingency fees in the injured retains the ability to sue for both 1993 the James River has flooded nearly the absence of assuming meaningful risk and economic and non-economic losses in accord- 3 million acres of valuable farmland in defining reasonable and unreasonable fees, ance with applicable state law. my State resulting in billions of dol- shall have no effect on contingent fee agree- The Joint Economic Committee estimates that this proposal will save consumers $40 lars of lost revenue for South Dakota ments in cases in which neither a pre-reten- producers and greatly diminishing the tion nor a post-retention offer of settlement billion annually in reduced premiums for is made. automobile insurance. value of their land by washing away (c) MOTOR VEHICLE ACCIDENTAL BODILY IN- 2. CONTINGENT FEE REFORM valuable top soil. JURY.—(1) This title shall not apply to acci- This provision limits traditional contin- Clearly, the extreme wet conditions dental bodily injury caused by the operation gent fee arrangements in order to ensure of the last 4 years have contributed to or the use of a motor vehicle in claims in that more of the proceeds of a settlement or these floods. However, Mother Nature which an uninsured motorist or personal pro- award will more often go to the insured does not bear sole responsibility for the tection insured is involved. party. (2) For purposes of this subsection the First, an attorney would be required to flooding. The problem has been af- term ‘‘operation or use’’— offer all clients an hourly rate and an hourly fected by the James River management (A) means operation or use of a motor ve- rate is presumed, if the attorney does not policy of the U.S. Army Corps of Engi- hicle as a motor vehicle, including, incident have a specific contingent fee agreement. neers. Where an injured party hires a lawyer to to its operation or use as a vehicle, the occu- For producers to be asked to con- pation of the vehicle; evaluate a settlement offer (pre-retention (B) does not cover conduct within the offer), the attorney is prohibited from re- tinue to bear these losses is unfair and course of a business of manufacturing, sell- ceiving a percentage of the offer. The attor- unacceptable. Downstream landowners ing, or maintaining a motor vehicle, includ- ney may collect an hourly fee or a fixed fee. in South Dakota should not be required ing repairing, servicing, washing, loading, or In a case where an injured party retains a to accept financial losses directly in- unloading; and lawyer to engage in settlement negotiations fluenced by the corps’ river manage- on his behalf, and the injured party accepts (C) does not include such conduct not with- ment policy. in the course of such a business unless such a settlement offer, the lawyer is restricted to conduct occurs while occupying a motor ve- a fee of 10% of the first $100,000 and 5% of Mr. President, today I am introduc- hicle. amounts above $10,000, after all reasonable ing legislation that will provide land- expenses have been deducted. TITLE III—APPLICABILITY AND RULE OF owners along the James River with a If the settlement offer is not accepted and measure of security against future high CONSTRUCTION the case goes to trial, the lawyer may take SEC. 301. APPLICABILITY TO STATES; CHOICE OF a contingent only out of that portion of the water flows and help ensure that the LAW; JURISDICTION; AND CON- award which exceeds the settlement offer. If Federal Government assumes greater STRUCTION. the judgment is lower than the settlement responsibility for the damaging effects (a) APPLICABILITY TO STATES.—Title I or II offer, then the lawyer’s fee is limited to the of its river management policies. This of this Act shall not apply in a State if such 10%/5% formula above. bill gives the U.S. Army Corps of Engi- State enacts a statute that— 3. EARLY OFFER/RAPID RECOVERY (1) cites the authority of this subsection; neers authority to purchase from will- This provision, originally sponsored a dec- and ing sellers easements over land that is ade ago by Congressmen Richard Gephardt (2) declares the election of such State that located within the 10-year flood plain and Henson Moore, will encourage an injured the title shall not apply. of the James River. Local producers individual to receive an offer of full com- (b) CHOICE OF LAW.—In disputes between who wish to grant these easements not pensation for economic losses, including fu- citizens of States that elect nonapplicability only will be reimbursed for the loss of under subsection (a) and citizens of States ture losses, without a lawsuit. In order to en- courage this offer, an injured individual will productivity on their flooded land, but that do not so elect, ordinary choice of law also will retain their haying and graz- principles shall apply. be required, in making a claim against the (c) JURISDICTION.—This section shall not allegedly responsible party, to provide all ing rights. Thus, the land will continue confer jurisdiction on the district courts of relevant information, including medical to provide value to farmers in rel- the United States under section 1331 or 1337 records. The allegedly responsible party will atively dry years. Those who do not or title 28, United States Code. have 120 days to provide such economic com- wish to grant the corps these ease- pensation (the time may be extended by the (d) CONSTRUCTION.—Nothing in this Act ments will be under no obligation to do claimant), and the allegedly responsible shall alter or diminish the authority or obli- so. gation of the Federal courts to construe the party can verify the information, including terms of this Act. requesting the injured to get a medical ex- This legislation will provide some re- amination. SEC. 302. EFFECTIVE DATE. lief to landowners affected by the fre- The claimant retains the right to reject This Act shall take effect on the date of quent flooding of the James River in such early offer and may sue to recover all enactment of this Act. South Dakota and represents part of losses. However, noneconomic losses, includ- ing any punitive damages may only be recov- the long-term solution to this trouble- SUMMARY OF DOLE-MCCONNELL LEGAL ered if the injured party proves, by clear and some problem. However, the overall REFORM PROPOSALS convincing evidence, that the injury was management of the Jamestown Dam 1. ‘‘CHOICE’’ IN AUTO INSURANCE caused intentionally or by wanton mis- also needs to be examined, and I will The principal feature of this proposal is conduct. continue to urge the corps to take seri- the unbundling of economic losses and non- In the event of more than one responsible ously the concerns of South Dakotans economic (‘‘pain & suffering’’) losses and en- party, relative fault and proportionate con- as the operations manual for that dam abling individuals to self-insure for non-eco- tribution will be assessed by an arbitrator. nomic losses. And, the states can establish a minimum is written. Without changing substantive state law of payment for serious bodily injury (for exam- Mr. President, I ask unanimous con- negligence, the proposal would offer drivers ple, a loss of a limb which may not result in sent that the text of the bill be printed two choices for motor vehicle insurance: significant economic losses) that will have in the RECORD. a. Traditional tort coverage—the injured to be paid to the injured party under early collects against his/her own policy for eco- offer. There being no objection, the bill was nomic and non-economic losses, upon a To satisfy the federalism concerns raised ordered to be printed in the RECORD, as showing that another party was at fault, by some, the bill will allow states to ‘‘opt follows: pursuant to relevant state law. If the out’’ of any of these provisions.∑ S. 1863 injured’s economic losses exceed his/her pol- icy limits, the injured will be able to sue the By Mr. DASCHLE: Be it enacted by the Senate and House of Rep- negligent party for those remaining losses S. 1863. A bill to require the Sec- resentatives of the United States of America in and to collect a reasonable attorney’s fee; or retary of the Army to acquire perma- Congress assembled, S6104 CONGRESSIONAL RECORD — SENATE June 11, 1996 SECTION 1. ACQUISITION OF EASEMENTS OVER S. 1578 States Code, to exempt full-time reg- LAND NEAR JAMES RIVER, SOUTH At the request of Ms. MOSELEY- istered nurses, physician assistants, DAKOTA. (a) IN GENERAL.—The Secretary of the BRAUN, her name was added as a co- and expanded-function dental auxil- Army shall acquire, from willing sellers, per- sponsor of S. 1578, a bill to amend the iaries from restrictions on remuner- manent flowage and saturation easements Individuals With Disabilities Edu- ated outside professional activities. over land that is located within the 10-year cation Act to authorize appropriations S. 1755 floodplain of the James River, South Da- for fiscal years 1997 through 2002, and At the request of Mr. DOMENICI, the kota. for other purposes. name of the Senator from Idaho [Mr. (b) SCOPE.— S. 1610 RAIG (1) IN GENERAL.—The easements acquired C ] was added as a cosponsor of S. by the Secretary of the Army under sub- At the request of Mr. BOND, the name 1755, a bill to amend the Federal Agri- section (a) shall include the right, power, of the Senator from New Mexico [Mr. culture Improvement and Reform Act and privilege of the Federal Government to DOMENICI] was added as a cosponsor of of 1996 to provide that assistance shall submerge, overflow, percolate, and saturate S. 1610, a bill to amend the Internal be available under the noninsured crop the surface and subsurface of the land and Revenue Code of 1986 to clarify the assistance program for native pasture such other terms and conditions as the Sec- standards used for determining wheth- for livestock, and for other purposes. retary of the Army considers appropriate. er individuals are not employees. S. 1781 (2) HAYING AND GRAZING.—The Secretary of the Army shall permit haying and grazing on S. 1628 At the request of Mr. CRAIG, the the land subject to the easements. At the request of Mr. BROWN, the name of the Senator from Utah [Mr. (c) PAYMENT.—In acquiring the easements names of the Senator from Idaho [Mr. HATCH] was added as a cosponsor of S. under subsection (a), the Secretary of the CRAIG] and the Senator from Kansas 1781, a bill to amend the Harmonized Army shall pay an amount based on the un- [Mrs. KASSEBAUM] were added as co- Tariff Schedule of the United States to affected fee value of the land subject to the provide for duty free treatment for ep- easements. For the purpose of this sub- sponsors of S. 1628, a bill to amend title section, the unaffected fee value of the land 17, United States Code, relating to the oxide resins. is the value that the land would have if the copyright interests of certain musical S. 1782 land were unaffected by rising ground water performances, and for other purposes. At the request of Mr. CRAIG, the and surface flooding associated with the S. 1639 name of the Senator from Utah [Mr. James River. At the request of Mr. DOLE, the name HATCH] was added as a cosponsor of S. (d) AUTHORIZATION OF APPROPRIATIONS.— 1782, a bill to amend the Harmonized There are authorized to be appropriated to of the Senator from New Hampshire carry out this section $40,000,000, to remain [Mr. GREGG] was added as a cosponsor Tariff Schedule of the United States to available until expended. of S. 1639, a bill to require the Sec- provide for duty free treatment for cer- f retary of Defense and the Secretary of tain injection molding machines. Health and Human Services to carry S. 1783 ADDITIONAL COSPONSORS out a demonstration project to provide At the request of Mr. CRAIG, the S. 94 the Department of Defense with reim- name of the Senator from Utah [Mr. At the request of Mr. COVERDELL, the bursement from the Medicare Program HATCH] was added as a cosponsor of S. name of the Senator from Oklahoma for health care services provided to 1783, a bill to amend the Harmonized [Mr. INHOFE] was added as a cosponsor Medicare-eligible beneficiaries under Tariff Schedule of the United States to of S. 94, a bill to amend the Congres- TRICARE. provide for duty free treatment for cer- sional Budget Act of 1974 to prohibit S. 1714 tain semi-manufactured forms of gold. the consideration of retroactive tax in- At the request of Mr. BURNS, the S. 1786 creases. names of the Senator from North Caro- At the request of Mr. WELLSTONE, the S. 684 lina [Mr. HELMS] and the Senator from name of the Senator from Nevada [Mr. At the request of Mr. INHOFE, his Virginia [Mr. WARNER] were added as REID] was added as a cosponsor of S. name was added as a cosponsor of S. cosponsors of S. 1714, a bill to amend 1786, a bill to require the Secretary of 684, a bill to amend the Public Health title 49, United States Code, to ensure Veterans Affairs and the Secretary of Service Act to provide for programs of the ability of utility providers to es- Health and Human Resources to carry research regarding Parkinson’s disease, tablish, improve, operate and maintain out a demonstration project to provide and for other purposes. utility structures, facilities, and equip- the Department of Veterans Affairs S. 969 ment for the benefit, safety, and well- with reimbursement from the medicare At the request of Mr. BRADLEY, the being of consumers, by removing limi- program for health care services pro- name of the Senator from Florida [Mr. tations on maximum driving and on- vided to certain medicare-eligible vet- GRAHAM] was added as a cosponsor of S. duty time pertaining to utility vehicle erans. 969, a bill to require that health plans operators and drivers, and for other S. 1794 provide coverage for a minimum hos- purposes. At the request of Mr. FAIRCLOTH, his pital stay for a mother and child fol- S. 1726 name was added as a cosponsor of S. lowing the birth of the child, and for At the request of Mr. BURNS, the 1794, a bill to amend chapter 83 of title other purposes. names of the Senator from California 5, United States Code, to provide for S. 1166 [Mrs. BOXER], the Senator from Wyo- the forfeiture of retirement benefits in At the request of Mr. LUGAR, the ming [Mr. SIMPSON], and the Senator the case of any Member of Congress, name of the Senator from Iowa [Mr. from Mississippi [Mr. LOTT] were added congressional employee, or Federal jus- GRASSLEY] was added as a cosponsor of as cosponsors of S. 1726, a bill to pro- tice or judge who is convicted of an of- S. 1166, a bill to amend the Federal In- mote electronic commerce by facilitat- fense relating to official duties of that secticide, Fungicide, and Rodenticide ing the use of strong encryption, and individual, and for the forfeiture of the Act, to improve the registration of pes- for other purposes. retirement allowance of the President ticides, to provide minor use crop pro- S. 1731 for such a conviction. tection, to improve pesticide toler- At the request of Mr. CRAIG, the S. 1848 ances to safegaurd infants and chil- name of the Senator from Mississippi At the request of Mrs. BOXER, the dren, and for other purposes. [Mr. COCHRAN] was added as a cospon- name of the Senator from Vermont S. 1199 sor of S. 1731, A bill to reauthorize and [Mr. JEFFORDS] was added as a cospon- At the request of Mrs. BOXER, the amend the National Geologic Mapping sor of S. 1848, a bill to amend the Inter- name of the Senator from Louisiana Act of 1992, and for other purposes. nal Revenue Code of 1986 to encourage [Mr. JOHNSTON] was added as a cospon- S. 1752 the production and use of clean-fuel ve- sor of S. 1199, a bill to amend the Inter- At the request of Mr. SIMPSON, the hicles, and for other purposes. nal Revenue Code of 1986 to permit tax- name of the Senator from Idaho [Mr. S. 1853 exempt financing of certain transpor- CRAIG] was added as a cosponsor of S. At the request of Mr. FAIRCLOTH, the tation facilities. 1752, a bill to amend title 38, United names of the Senator from Alabama June 11, 1996 CONGRESSIONAL RECORD — SENATE S6105

[Mr. SHELBY], the Senator from Ala- AMENDMENTS SUBMITTED ing a full committee hearing which is bama [Mr. HEFLIN], the Senator from scheduled to begin immediately follow- Texas [Mr. GRAMM], the Senator from ing the business meeting scheduled at Texas [Mrs. HUTCHISON], the Senator 1996 SUMMER OLYMPIC TORCH 9:30 a.m. The purpose of this hearing is from Georgia [Mr. COVERDELL], the RELAY CONCURRENT RESOLUTION to consider S. 1010, a bill to amend the Senator from North Carolina [Mr. unit of general local government defi- HELMS], and the Senator from South nition for Federal payments in lieu of FORD AMENDMENT NO. 4044 Carolina [Mr. THURMOND] were added as taxes to include unorganized boroughs cosponsors of S. 1853, a bill to amend Mr. SPECTER (for Mr. FORD) pro- in Alaska, and for other purposes; S. title 18, United States Code, to clarify posed an amendment to the concurrent 1807, a bill to amend the Alaska Native the Federal jurisdiction over offenses resolution (H. Con. Res. 172) authoriz- Claims Settlement Act, regarding the Kake Tribal Corp. public interest land relating to damage to religious prop- ing the 1996 Summer Olympic Torch exchange, and S. 1187, a bill to convey erty. Relay to be run through the Capitol Grounds, and for other purposes; as fol- certain real property located in the SENATE JOINT RESOLUTION 8 lows: Tongass National Forest to Daniel J. Gross, Sr., and Douglas K. Gross, and At the request of Mr. COVERDELL, the In section 1 strike ‘‘, and the Olympic for other purposes. names of the Senator from Michigan Torch may be displayed on the Capitol Grounds overnight,’’. The PRESIDING OFFICER. Without [Mr. ABRAHAM] and the Senator from f objection, it is so ordered. Oklahoma [Mr. INHOFE] were added as COMMITTEE ON THE JUDICIARY cosponsors of Senate Joint Resolution AUTHORITY FOR COMMITTEES TO 8, a joint resolution proposing an Mr. NICKLES. Mr. President, I ask MEET unanimous consent that the Commit- amendment to the Constitution of the COMMITTEE ON ARMED SERVICES tee on the Judiciary be authorized to United States to prohibit retroactive Mr. NICKLES. Mr. President, I ask meet during the session of the Senate increases in taxes. unanimous consent that the Commit- on Tuesday, June 11, 1996, at 10 a.m. to hold a hearing on Olympics and the f tee on Armed Services be authorized to meet at 3:30 p.m. on Tuesday, June 11, threat of terrorism. 1996, in open session, to consider the The PRESIDING OFFICER. Without SENATE RESOLUTION 258—REL- nominations of Gen. John H. Tilelli Jr., objection, it is so ordered. ATIVE TO THE ROBERT J. DOLE USA, for reappointment to the grade of COMMITTEE ON INDIAN AFFAIRS BALCONY general and to be commander in chief, Mr. NICKLES. Mr. President, I ask U.N. Command/Combined Forces Com- By Mr. NICKLES (for himself, Mr. unanimous consent that the Commit- mand/United States Forces, Korea; Lt. tee on Indian Affairs be authorized to DASCHLE, Mr. LOTT, Mr. FORD, Mr. Gen. Wesley K. Clark, USA, for pro- meet during the session of the Senate THURMOND, Mrs. KASSEBAUM, Mr. ABRA- motion to the grade of general and to on Tuesday, June 11, 1996, at 9:30 a.m. HAM, Mr. AKAKA, Mr. ASHCROFT, Mr. be commander in chief, United States to conduct an oversight hearing on In- BAUCUS, Mr. BENNETT, Mr. BIDEN, Mr. Southern Command; and Lt. Gen. Wal- dian trust fund management by the De- BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. ter Kross, USA, for promotion to the partment of the Interior and imple- BRADLEY, Mr. BREAUX, Mr. BROWN, Mr. grade of general and to be commander mentation of the Indian Trust Fund BRYAN, Mr. BUMPERS, Mr. BURNS, Mr. in chief, United States Transportation Management Act of 1994. The hearing BYRD, Mr. CAMPBELL, Mr. CHAFEE, Mr. Command. will be held in room 485 of the Russell COATS, Mr. COCHRAN, Mr. COHEN, Mr. The PRESIDING OFFICER. Without Senate Office Building. CONRAD, Mr. COVERDELL, Mr. CRAIG, objection, it is so ordered. The PRESIDING OFFICER. Without Mr. D’AMATO, Mr. DEWINE, Mr. DODD, COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. Mr. DOMENICI, Mr. DORGAN, Mr. EXON, TRANSPORTATION SELECT COMMITTEE ON INTELLIGENCE Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask FEINSTEIN, Mr. FRIST, Mr. GLENN, Mr. unanimous consent that the Commit- unanimous consent that the Select GORTON, Mr. GRAHAM, Mr. GRAMM, Mr. tee on Commerce, Science, and Trans- Committee on Intelligence be author- GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr. portation be allowed to meet during ized to meet during the session of the HARKIN, Mr. HATCH, Mr. HATFIELD, Mr. the Tuesday, June 11, 1996, session of Senate on Tuesday, June 11, 1996, at HEFLIN, Mr. HELMS, Mr. HOLLINGS, Mrs. the Senate for the purpose of conduct- 2:30 p.m. to hold a closed meeting on HUTCHISON, Mr. INHOFE, Mr. INOUYE, ing a hearing on the condition of live- intelligence matters. Mr. JEFFORDS, Mr. JOHNSTON, Mr. stock markets. The PRESIDING OFFICER. Without KEMPTHORNE, Mr. KENNEDY, Mr. The PRESIDING OFFICER. Without objection, it is so ordered. KERREY, Mr. KERRY, Mr. KOHL, Mr. objection, it is so ordered. SPECIAL COMMITTEE TO INVESTIGATE KYL, Mr. LAUTENBERG, Mr. LEAHY, Mr. COMMITTEE ON ENERGY AND NATURAL WHITEWATER DEVELOPMENT AND RELATED LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. RESOURCES MATTERS MACK, Mr. MCCAIN, Mr. MCCONNELL, Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask Ms. MIKULSKI, Ms. MOSELEY-BRAUN, unanimous consent that the Commit- unanimous consent that the Special Mr. MOYNIHAN, Mr. MURKOWSKI, Mrs. tee on Energy and Natural Resources Committee to Investigate Whitewater MURRAY, Mr. NUNN, Mr. PELL, Mr. be granted permission to meet during Development and Related Matters be PRESSLER, Mr. PRYOR, Mr. REID, Mr. the session of the Senate on Tuesday, authorized to meet during the session ROBB, Mr. ROCKEFELLER, Mr. ROTH, Mr. June 11, 1996, for purposes of conduct- of the Senate on Tuesday, June 11 and SANTORUM, Mr. SARBANES, Mr. SHELBY, ing a full committee business meeting Wednesday, June 12, 1996, to conduct Mr. SIMON, Mr. SIMPSON, Mr. SMITH, which is scheduled to begin at 9:30 a.m. hearings pursuant to Senate Resolu- Ms. SNOWE, Mr. SPECTER, Mr. STEVENS, The purpose of this meeting is to con- tion 120. sider pending calendar business. Mr. THOMAS, Mr. THOMPSON, Mr. WAR- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. NER, Mr. WELLSTONE, and Mr. WYDEN) objection, it is so ordered. submitted the following resolution; SUBCOMMITTEE ON THE CONSTITUTION, which was considered and agreed to. COMMITTEE ON ENERGY AND NATURAL FEDERALISM, AND PROPERTY RIGHTS RESOURCES Mr. LOTT. Mr. President, I ask unan- S. RES. 258 Mr. NICKLES. Mr. President, I ask imous consent that the Subcommittee Resolved, That the balcony adjacent to unanimous consent that the Commit- on the Constitution, Federalism, and rooms S–230 and S–231 of the United States tee on Energy and Natural Resources Property Rights of the Senate Commit- Capitol Building is hereby designated as, and be granted permission to meet during tee on the Judiciary, be authorized to shall hereafter be known as, the ‘‘Robert J. the session of the Senate on Tuesday, meet during a session of the Senate on Dole Balcony’’. June 11, 1996, for purposes of conduct- Tuesday, June 11, 1996, at 2 p.m., in S6106 CONGRESSIONAL RECORD — SENATE June 11, 1996 Senate Dirksen room 226, to hold an ex- Throughout the United States, public equal navigation of the great Columbia ecutive business meeting. sentiment flared as well. Indignation River. As Polk’s Secretary of State, The PRESIDING OFFICER. Without at the continuing British presence on James Buchanan, advised his chief ne- objection, it is so ordered. Western American soil and concern for gotiator with the Crown, Louis SUBCOMMITTEE ON DRINKING WATER, the rights of the United States citizens McLane, in correspondence dated July FISHERIES, AND WILDLIFE there compelled private individuals 12, 1845, British negotiators flatly re- Mr. NICKLES. Mr. President, I ask and politicians alike to demand the jected this offer on three different oc- unanimous consent that the Sub- withdrawal of Britain from the Oregon casions (in 1818, 1824, and 1827). committee on Drinking Water, Fish- country. On February 22, 1839, Senator Thus it was that, when his adminis- eries, and Wildlife be granted permis- Lewis Linn of Missouri exhorted this tration began anew to seek a boundary sion to conduct a hearing Tuesday, body to rush to the defense of Oregon settlement with the British, President June 11, 1996, at 9:30 a.m., hearing room settlers by annexing the Oregon coun- Polk confronted a dilemma. British ne- (SD–406), on implementation of salmon try, saying, ‘‘Great Britain through the gotiators had shown repeatedly that and steelhead recovery efforts in the medium of the Hudson’s Bay Company, they were uninterested in a com- Pacific Northwest to solicit testimony has opened a trade with all the tribes promise—but if the president suc- on installation of the surface collector of Indians on the western slope of the cumbed to political pressure to annex at Lower Granite Dam, recommenda- Rocky Mountains, as far south as the all of Oregon he risked a western war tions of the National Academy of Gulf of California. Their hunters and with Britain just as America’s recent Sciences and the Snake River Recovery trappers have penetrated all the val- annexation of Texas was threatening to team on independent peer-reviewed leys and glens of the Rocky Mountains, ignite a southern war with Mexico. science, and the establishment of an scattering arms, munitions of war, and In response to this dilemma, the Polk independent scientific advisory board. fomenting discontent against the Unit- administration exercised the self-re- The PRESIDING OFFICER. Without ed States in the bosoms of those dis- straint, caution, and peaceful spirit of objection, it is so ordered. tant Indian tribes. They have driven compromise in international relations f our people from the Indian trade, of which the Oregon Treaty endures as a lasting reminder. President Polk in- ADDITIONAL STATEMENTS which yielded seven or eight hundred thousand dollars per annum, and even structed his Secretary of State, James pushed their operations east. Buchanan, to offer once more the com- promise border of the 49th parallel. OREGON TREATY In this increasingly volatile atmos- This time, however, President Polk re- SESQUICENTENNIAL phere, the Democratic presidential fused to offer British ships free naviga- ∑ Mr. HATFIELD. Mr. President, convention of 1844 nominated former tion of the Columbia; instead, he in- Saturday, June 15, marks the sesqui- Tennessee Governor James K. Polk, de- vited Britain to take whatever lands centennial of the Oregon Treaty, which spite his relative obscurity on the na- and ports she desired on Vancouver Is- extended the domain of the United tional stage. Polk won the general land that were south of the 49th par- States across lands that make up my election against the much more promi- allel. Once again, the British nego- home State of Oregon and the States of nent Whig, Henry Clay of Kentucky, by tiators refused the compromise. Presi- Washington and Idaho. With the ratifi- capitalizing on the expansionist mood dent Polk then withdrew the offer, in- cation of this treaty, the United States of the country. Polk proudly invoked dicating that the onus was therefore on for the first time spanned the Amer- the United States’ manifest destiny to the British to draft their own com- ican continent, from sea to shining sea. span North America and ran on the fa- promise. To ensure that one was indeed Nevertheless, this treaty is more than mous campaign slogans ‘‘All of Or- forthcoming, the president called, in just a significant chapter in our young egon’’ and ‘‘54–40 or fight!’’, arguing his first State of the Union Address— Nation’s westward expansion. It also that the United States should go to on December 2, 1845—for Congress to represents—perhaps more impor- war with Britain if she did not with- support him in giving Britain 12 tantly—the victory of peace and com- draw entirely and absolutely from the months’ notice that the Joint-Occupa- promise over ill will and nationalistic Oregon country. tion Convention of 1827 was to be abro- fervor. Once Polk entered the White House, gated and nullified. Congress obliged, On June 15, 1846, when the represent- there was substantial political pressure passing a joint resolution to that effect atives of the British Crown and the to honor his fiery campaign rhetoric. on April 27, 1846. United States signed the Oregon Trea- By 1845, as Charles Carey described in The United States’ move to vacate ty, the two nations concluded a long- his seminal study, the Oregon country the Joint-Occupation Convention suc- standing but uneasy truce over the dis- was welcoming new American settlers cessfully inspired in the British a con- position of the Oregon country, the at a dizzying rate—and with each one, ciliatory and cooperative spirit—with- area bounded by the Rocky Mountains the need for a common government in- out imperiling the peace that existed and the Pacific Ocean on the east and creased. In addition, several influential in the Oregon country. On June 6, 1946, west, and Russian North America and Members of Congress, including Sen- Richard Pakenham, the British min- Mexico on the north and south. Pre- ator Lewis Cass of Michigan—who was ister plenipotentiary, offered a pro- viously, a joint-occupation convention favored over James Polk as the expan- posal almost identical to President signed by Great Britain and the United sionists’ candidate going into the 1844 Polk’s and transmitted it to him States in 1818 and renewed in 1827 guar- Democratic presidential convention— through Secretary of State James Bu- anteed both nations’ citizens free and were loudly advocating Britain’s im- chanan. In accordance with the con- equal access to the Oregon country. mediate withdrawal from the region. stitutional requirement that all trea- Trappers and traders of the British Another factor also invited President ties are negotiated with the advice and Hudson’s Bay Company and settlers Polk to assume a relatively belligerent consent of this body, President Polk from the United States navigated the posture with Britain. Numerous at- conveyed the proposal to the Senate on same rivers and used the same re- tempts by previous administrations to June 10. On June 12, the Senate voted sources, without common allegiance or compromise with Britain over a perma- 38–12 to advise the President to accept uniform system of law. Charles H. nent boundary had failed due to British the British offer. Carey’s ‘‘General History of Oregon’’ demands for all the lands north of the One hundred and fifty years ago this offers the definitive description of this 45th parallel, including the Columbia Saturday, Secretary of State James era, during which conflicts between River. Despite contentions that the Buchanan affixed his signature to the British subjects and the Hudson’s Bay United States’ contiguity with the Or- Oregon Treaty. With this stroke of a Company on the one hand and Amer- egon country gave it natural title to pen, the administration of James Knox ican citizens on the other sometimes the region up to the 54th parallel, Polk peacefully secured for our young flared—and did so ever more frequently Presidents James Monroe and John Nation the fruits of its manifest des- as thousands of American settlers fol- Quincy Adams had offered both to set- tiny—and made Oregon a great and lowed the Oregon Trail into the region tle the boundary at the 49th parallel lasting tribute to the power of coopera- beginning in 1843. and to permit British vessels free and tion and compromise.∑ June 11, 1996 CONGRESSIONAL RECORD — SENATE S6107 ALABAMA ‘‘TEACHER OF THE Sam Houston, TX. In this most impor- THE 30TH ANNIVERSARY OF THE YEAR’’ tant position, Marc Cisneros provided CITY OF SALINE, MI AND THE ∑ Mr. HEFLIN. Mr. President, I rise vision, enforced standards of excel- TOWN OF BRECON, WALES AS today to pay tribute to one of Ala- lence, and committed himself to help- SISTER CITIES bama’s most outstanding teachers. ing sustain the readiness of the Na- ∑ Mr. ABRAHAM. Mr. President, I rise Harriet Tyler, a sixth-grade teacher at tion’s reserve component forces. today to recognize the 30th anniversary Springwood School in Lanett, AL, was Mr. President, our Nation owes a of the successful partnership of the recently selected as Teacher of the debt of gratitude to Lt. Gen. Marc A. city of Saline, MI, and the town of Year for the State of Alabama by the Cisneros, and I am honored to recog- Brecon, Wales in the Sister Cities Pro- Alabama Independent School Associa- nize him today. With our deepest ap- gram. tion. preciation, the United States of Amer- Thirty-years ago next month, under Harriet Tyler—a native of Decatur, ica says thank you. I wish him, and his the People-to-People Program estab- AL, and a graduate of Butler High wife Eddy and their children, continued lished by President Eisenhower, a bond School—has influenced the lives of success and happiness in all future en- was forged between these two commu- countless elementary students since deavors.∑ nities. In the words of Saline Mayor she graduated from Auburn University f Patrick J. Little, ‘‘We have become one in 1965. As a sixth-grade teacher, she COMMEMORATING THE 30TH ANNI- community separated by a large body has had the unenviable task of prepar- VERSARY OF THE INDEPEND- of water. Over two generations have ing the senior members of the play- ENCE OF GUYANA had the pleasure of learning about each ground for the traumatic transition to other’s culture.’’ ∑ Mr. BRADLEY. Mr. President, I rise To celebrate this occasion, next junior high school. Sometimes we today to honor the nation of Guyana as month approximately 50 members of think our work here in the Senate is it celebrates its 30th year as a sov- difficult, but I don’t think that it com- ereign nation, and to pay tribute to the the Brecon community will visit Sa- pares to the difficult job that Harriet citizens of this nation whose dedication line, the highlight of which will be the Tyler has done year after year for over to their country enabled Guyana to de- first ever Celtic Festival on July 6. I 30 years. Her commitment to her job, velop from a small colony to an inde- would like to extend a warm welcome her school, and most importantly, to pendent nation. to our visitors from Brecon, and con- her students is truly inspiring. Guyana was a Dutch colony from 1621 gratulate the citizens of both cities for Mr. President, teachers like Harriet until it eventually came under the in- their three decades of cooperation and Tyler represent the key to America’s fluence of the British who acquired for- friendship.∑ future. As our children face the chal- mal possession in 1814. While still A CASE AGAINST INDEPENDENT COUNSEL lenges of the 21st century, it is dedi- under British control, Guyana obtained Mr. SIMON. Mr President, I sup- cated educators like Harriet Tyler who its first constitution in 1928, although ported the creation of the office of accept the challenge of turning the universal franchise was not recognized independent counsel and have voted for young people of today into the leaders until much later in 1953. From 1957 its reauthorization. of tomorrow.∑ until 1966 the People’s Progressive I am now convinced that is the wrong f Party was elected and controlled Guy- way to solve this particular problem. ana under a system of internal self My judgment is that we should look TRIBUTE TO LT. GEN. MARC A. at the office of Attorney General with CISNEROS rule. In 1965, the British Guiana Independ- great care when a nomination is made. ∑ Mrs. HUTCHISON. Mr. President, I ence Conference met in London to the And if the nominee is too close, in any rise today to recognize a great patriot, authorize a new constitution. When way, to the President, that nomination statesman, and soldier from the Lone ratified on May 26, 1966, the new con- should be rejected. Star State of Texas, Lt. Gen. Marc A. stitution marked the beginning of the And if the nominee has been active in Cisneros. General Cisneros is retiring independent nation of Guyana. political life beyond the normal type of after a distinguished 35-year military Throughout its years as both a Dutch engagement, that should be weighed. career in the U.S. Army. and British colony, Guyana became Such a person should not automati- Marc Cisneros entered the military home to workers from many different cally be rejected, but there should be in 1961 after graduating as an ROTC lands. With a population of 739,553, ample evidence that the person will distinguished military cadet from St. Guyana is comprised primarily of East serve with honor. Mary’s University, in San Antonio, TX. Indians and people of African descent. An ideal type of arrangement was He was commissioned a 2d Lt. in the Guyana is also home to native South when Ed Levi was chosen as Attorney field artillery and has faithfully and Americans as well as citizens of Chi- General by President Gerald Ford. No selflessly served his country in a wide nese and European heritage. one for a moment thought that the array of demanding command and staff Guyana was one of the founding man who left as president of the Uni- assignments within the continental members of the Caribbean Free Trade versity of Chicago to become Attorney United States and overseas. Most nota- Area [CARIFTA] which was established General could be politically manipu- ble was his assignment as Commanding in 1968. Guyana has been called the lated by the President, even if the General, U.S. Army South and Joint bread basket of the Caribbean because President wanted to do that. Task Force, Panama, during Operation it is blessed with many natural re- My impression is that Janet Reno is Just Cause. During Operation Just sources and the potential for a strong made of the same stuff and that her ap- Cause, General Cisneros played a sig- economy. Guyana is dually blessed pointment was a good appointment. nificant role in the combat operations with both natural resources and a vi- When I was sounded out about John in Panama and helped negotiate the brant and diverse people. These at- F. Kennedy appointing Bobby Kennedy capture and surrender of Panamanian tributes ensure that in the years to as Attorney General I indicated to Bob General Noriega. Besides this action, come this young country will grow into Wallace, the Kennedy staff person who General Cisneros served two combat a leader in its part of the world. asked me about it, that I thought it tours in Vietnam. Today, I rise to offer my congratula- was a mistake because the Attorney This officer has risen through the tions to Guyana on the anniversary of General should not be too close to the ranks emphasizing military readiness its independence as a sovereign nation. President. As it turned out, Bobby and displaying a genuine compassion The future of Guyana has never looked Kennedy did a good job as Attorney for soldiers and their families. Marc brighter. New Jersey’s multi-cultural General, but as a precedent it was not Cisneros has been a caring leader com- heritage has benefited from citizens good. mitted to the values and ideals that from Guyana. I congratulate its citi- In the same way, Ed Meese was much have made this country and its mili- zens on their perseverance and poten- too close personally and politically to tary so great. tial, and extend my best wishes for Ronald Reagan to serve the Nation as His final assignment was as Com- continued success as an independent effectively as he might have as Attor- manding General, 5th U.S. Army, Fort nation.∑ ney General. S6108 CONGRESSIONAL RECORD — SENATE June 11, 1996 The Chicago Tribune had an editorial The only problem with this logic is that in dent incentives and recognition, cur- recently titled, ‘‘A Case Against Inde- the long scope of U.S. history, it has not riculum improvement or new tech- pendent Counsel.’’ been shown to be true. Most Justice Depart- nology, or community outreach. A na- Their conclusion is that we should ment officials and prosecutors behave honor- tional panel chose three schools to re- ably. In the one great historical instance in simply do away with the law. which the Justice Department’s integrity ceive additional PACEsetter Awards I reluctantly believe their conclusion was in serious question—Watergate—over- totaling $50,000. Cullman County Area is correct. whelming political pressure forced President Vocational Center won an additional But it will be correct only to the ex- Richard Nixon to yield and accept an inde- grant of $25,000 for a student recogni- tent that we assure the American pub- pendent counsel. tion/scholarship program. In 1995, the lic that the Attorney General is of an An independent counsel law is a source of school won a $20,000 award for curricu- independent bent. It may even be that permanent temptation to political mischief. lum improvement. we should appoint an Attorney General The Democrats in Congress used it to bludg- ComSAVE, another collaborative for a period of 10 years, subject to re- eon the Reagan and Bush administrations. Now—after the Democrats insisted on renew- venture between the school and Nichol- moval from office under conditions ing the law in Bill Clinton’s first year in of- son File was instrumental in the imple- that are carefully spelled out in the fice—the Republicans are using it to bludg- mentation of the tech prep initiative in law prior to ending that 10-year period. eon the Clinton administration. No fewer Cullman County. Other efforts have led But the Chicago Tribune editorial than four independent counsels are at work to new programs, including CAD and contains words that we should reflect investigating issues from Whitewater to Computer Electronics. on. whether Henry Cisneros lied to the FBI As you can see, Mr. President, Cooper Mr. President, I ask that the article about how much money he gave his former Tools/Nicholson File has taken a very from the Chicago Tribune be printed in mistress. As the figures on the HUD investigation proactive approach in regards to voca- the RECORD. suggest, independent counsels operate with tional education. Cooper Tools/Nichol- The article follows: none of the budget constraints that fetter or- son File is setting a standard which I A CASE AGAINST INDEPENDENT COUNSEL dinary prosecutors. And they can pursue hope others will emulate. Remember Sam Pierce? their quarry indefinitely, meaning that indi- f That’s OK. Ronald Reagan didn’t remem- viduals can remain under threat of prosecu- ber him either, even when Pierce was serving tion for years, with devastating effects on THE RUSH TO GULP U.S. RADIO in his cabinet as secretary of Housing and their families, fortunes, careers and psyches. STATIONS Urban Development. (Reagan once greeted That’s not fair. Mr. SIMON. Mr. President, some of him in a receiving line as ‘‘Mr. Mayor’’). Rep. Henry Hyde (R-Ill.) and Rep. Jay Pierce and Reagan have been gone from Dickey (R-Ark.) each have proposed legisla- my colleagues may remember that Washington for almost eight years, but the tion to reduce the powers of independent when the new telecommunications law effects of their presence continue to be felt. counsels and make them more accountable was before the Senate, I offered an In Pierce’s case, they are felt less in policy to Congress. amendment to limit the expansion of than in the work of an independent counsel, Better that they should simply do away radio station ownership by any one or special prosecutor, who is said to be with the law. As the Nixon case dem- corporation or any one individual. tidying up loose ends in a probe of abuses onstrates, when a president’s behavior That amendment was tabled by a and mismanagement in Pierce’s agency dur- threatens the very constitutional order, the ing the Reagan years. vote of 64 to 34. public will demand an independent counsel. The other day I read an article by As of the end of March, this investigation Absent such an outrage, it’s best to let nor- Prof. Jerry Landay, former broadcast had resulted in 17 convictions of former high- mal legal processes work.∑ level officials and the associates to whom f journalist, who now teaches at the Uni- they steered contracts or directed favors. versity of Illinois. The article appeared The most prominent of those convicted was TRIBUTE TO COOPER TOOLS/ in the Christian Science Monitor under James Watt, the blunt former secretary of NICHOLSON FILE the title. ‘‘The Rush To Gulp U.S. the Interior in the Reagan administration, Mr. HEFLIN. Mr. President, the Na- Radio Stations.’’ who in January pleaded guilty to attempting I ended up voting against the bill to mislead the grand jury in the HUD inves- tional Association of State Directors of tigation. He was sentenced to five years of Vocational Technical Education Con- even though I know there were some probation, 500 hours of community service sortium recently recognized Cooper good things in it. and a $5,000 fine. Tools/Nicholson File of Cullman, AL, But diversity in ownership is good for To obtain these results, the independent for their commitment to vocational all the media. I don’t like the con- counsel has run up a tab of almost $21 mil- education. I, too, would like to com- centration of ownership that is taking lion—an average of $1.2 million per convic- mend Cooper Tools/Nicholson File for place in newspapers, but that is not a tion. That’s offset somewhat by the $2 mil- federally regulated entity. lion in fines and $10 million in recovered their exemplary contributions to the community of Cullman, AL, in regards Radio stations and television sta- HUD funds. But even so, the pursuit of jus- tions are federally regulated, and we tice in the HUD case has been an extremely to vocational training. If I may, Mr. costly affair. President, I would like to briefly out- have every right to demand diversity of The HUD probe is not even the most expen- line some of the innovative projects ownership and not monopolistic or oli- sive by an independent counsel. Lawrence Cooper Tools/Nicholson File has initi- garchical practices. Walsh’s Iran-contra investigation cost more ated. I ask that the Jerry Landay article than $40 million. Kenneth Starr’s In 1985, Nicholson File helped the be printed in the RECORD. Whitewater probe bids fair to become the The article follows: most expensive ever—by one estimate it al- Cullman County Area Vocational Cen- ter take a giant leap toward edu- [From the Christian Science Monitor, May 7, ready has cost $25 million. Altogether, spe- 1996] cial counsels have cost the taxpayers $100 cational excellence by adopting the million over the last 10 years. school as its partner. As the first step, THE RUSH TO GULP US RADIO STATIONS This mounting expense, for results whose the company donated to the school (By Jerry M. Landay) value more and more members of Congress hand tools and power equipment worth The surface glamour faded long ago from consider dubious at best, has inspired a ques- more than $254,000. radio. But Americans keep as many as five tioning of the independent counsel law that or six sets in the house and use them regu- arguments from principle could not. In addition, Nicholson File began a larly. Don Imus, Rush Limbaugh, and Garri- The logic behind the law (formally, the scholarship program for vocational stu- son Keillor remind us that television hasn’t Ethics in Government Act) is simple and dents to attend Wallace State Commu- stripped all the glory from the medium or its seems unassailable: When high-level officials nity College. To date, 24 students have revenues—Totaling $11.5 billion in 1995. in an administration are accused of serious attended the college, using gifts total- The radio stations that CBS owns—39 of breaches of the public trust, it takes an inde- ing $48,000. them—grossed a half-billion dollars last pendent outsider to conduct a credible inves- In 1986, Cooper Tools initiated year. Like the printing presses in the Fed- tigation. There is a built-in conflict of inter- Project PACE—Partnership To Aid Ca- eral Mint, commercial radio stations in est that makes it impossible for the normal America churn out cash in prodigious Justice Department processes to work. With- reer Education. Project PACE gave se- amounts. Returns of 40 to 50 percent yearly out a law, the president cannot be counted lected vocational schools an unre- are not uncommon. on to permit an independent investigation of stricted grant of $10,000 each for teach- Multibillion-dollar mergers and acquisi- his administration. er development and recognition, stu- tions in the telephone and television-based June 11, 1996 CONGRESSIONAL RECORD — SENATE S6109 industries spawned by the new telecommuni- there is teeth-gritting sameness in the 2. Bill title: Intelligence Authorization Act cations law have stolen our eye from the music they play, as dial-twisters who have for Fiscal Year 1997. land rush now under way in Radioland. A traveled long distances in a car can testify— 3. Bill status: As reported by the Senate vast consolidation of ownership has begun various shades of rock and country music. Select Committee on Intelligence on April among America’s 10,000 commercial stations. Before deregulation, the Federal Commu- 30, 1996. Just two months after passage of the law nications Commission required buyers to 4. Bill purpose: This bill would authorize erased the limits on the number of radio sta- hold their stations for at least three years appropriations for fiscal year 1997 for intel- tions a single owner may acquire, a station- before resale, to ensure local commitment. ligence activities of the United States gov- buying blowout is justifying critics’ fears In the new environment, a wheeler-dealer ernment, the Community Management Staff that the law is not spurring competition, but can theoretically turn his station over as of the Director of Central Intelligence, and monopoly. An industry that once had to base soon as the FCC approves the purchase. the Central Intelligence Agency Retirement its license renewals on service to a station’s Media writer Ken Auletta was told by the and Disability System. community has been let off the hook by Con- head of a station ownership group: ‘‘It’s com- 5. Estimated cost to the Federal Govern- gress and the president. modity trading to us. We don’t know [our] ment: Table 1 summarizes the budgetary ef- Rita Zanella, a media analyst at Gruntal & community. We’re short-term players.’’ fects of the unclassified sections of the bill Co. in New York, predicts that eight or 10 big The fundamental question is unavoidable: on direct spending, revenues, and authoriza- station groups will eventually control the Is mass communications solely a growth tions of appropriations for 1997. CBO could entire broadcasting industry. ‘‘You control game for entrepreneurs, banks, and Wall not obtain the necessary information to esti- pricing,’’ she told the Chicago Tribune. ‘‘You Street, or is it also a social partner that jus- mate the costs for the entire bill because eliminate your competition and have greater tifies its existence by living up to its civic parts are classified at a level above clear- control over what you can charge.’’ obligations? The late Donald H. McGannon, a ances now held by CBO employees. To cite just a few examples of the radio respected industry leader of the 1950s and 6. Basis of estimate: The estimate assumes land rush, Jacor Communications Inc. of ’60s as chairman of the Group W (Westing- that S. 1718 will be enacted by October 1, Cincinnati spent nearly a billion dollars in house) Stations, was a businessman with a 1996, and that the full amounts authorized February to acquire 26 radio stations and vision who told his staff: ‘‘If we do the right will be appropriated. CBO used historical two television stations. Jacor now controls thing in our cities and towns, the money spending rates for estimating outlays. 62 percent of the radio revenues in the Cin- comes.’’ They did—and it did. DIRECT SPENDING AND REVENUES cinnati, market, nearly half the Denver mar- The times have changed. But not the rel- ket, 30 percent of the Tampa market, and a evance of McGannon’s vision. Undoing the Title V of S. 1718 defines economic espio- quarter of the radio business in Portland, damage of the Telecommunications Act of nage and contains provisions governing fines OR. In a single deal worth $1.2 billion, an- 1996 will be difficult, but it will have to hap- and forfeitures that would affect direct nounced earlier this month, the Sinclair pen.∑ spending and revenues. Although the bill would provide for penalties that could accu- Broadcasting Group of Baltimore acquired 34 f radio stations in 27 markets, along with a mulate to be in the millions of dollars in any group of television stations, becoming a SUBMISSION OF CBO SCORING FOR one year, CBO cannot predict the frequency miniconglomerate in a single bound. INTELLIGENCE AUTHORIZATION of successful prosecutions for economic espi- With the purchase of three stations in BILL (S. 1718) onage or the amounts of the fines that would March, Citadel Communications Corporation be levied and collected. Nevertheless, the now owns seven of the most powerful AM and ∑ Mr. SPECTER. Mr. President, on only net budgetary impact would stem from FM stations in Albuquerque’s 36-station April 30, 1996, the Select Committee on civil fines. radio market. That includes KKOB, which Intelligence reported S. 1718, the Intel- blankets much of the southwest, and the ligence Authorization Act for Fiscal TABLE 1.—ESTIMATED COST TO THE FEDERAL GOVERN- city’s only classical music station, KHFM. Year 1997 from committee. Knowing MENT OF THE UNCLASSIFIED SECTIONS OF S. 1718 Arthur Schreiber, a former manager of that this would be a relatively short [By fiscal year, in millions of dollars] KKOB and a veteran of the radio wars, pre- legislative year and that the Armed 1996 1997 1998 1999 2000 2001 2002 dicts that Albuquerque’s classical-music lis- Services Committee would take our teners will soon find themselves without DIRECT SPENDING AND REVENUES choice on the air. ‘‘It’s hard for me to believe bill on referral for up to 30 days of ses- Direct spending: that Citadel can meet its debt service by sion—as it does every year, the com- Estimated budget continuing to play classical music on a sta- mittee marked up this bill at the earli- authority ...... 0 (1) (1) (1) (1) (1) (1) tion that cost it $5.6 million,’’ says Mr. Estimated outlays 0 (1) (1) (1) (1) (1) (1) est possible date. The Congressional Revenues ...... 0 (1) (1) (1) (1) (1) (1) Schreiber. Budget Office was not able to complete SPENDING SUBJECT TO APPROPRIATIONS ACTION The federal government is essentially li- its scoring of our bill before we filed censing the drive to bigness. Station brokers Spending under cur- the report. We have now received the rent law: predict that 1996 will be the most lucrative Budget authority 2 305 0 0 0 0 0 0 year ever for station trades. I a deregulatory report of the Congressional Budget Of- Estimated outlays 350 39 19 5 0 0 0 environment, small, aggressive companies fice and I ask that it be printed in the Proposed changes: ECORD Estimated author- such as Jacor and Citadel can become mass- R so that Members will have an ization level ...... 0 282 1 0 0 0 0 comm players in a single bound, with lenders opportunity to review it before the In- Estimated outlays 0 239 25 14 5 0 0 anxious to supply cheap money. Spending under the telligence bill comes up for consider- bill: But radio isn’t just any business. Radio is ation by the full Senate. Estimated author- an essential part of our civic capital. It The report follows: ization level 2 ..... 305 282 1 0 0 0 0 speaks over publicly licensed frequencies to Estimated outlays 350 278 44 19 5 0 0 U.S. CONGRESS, millions of listeners, at home, at work, and 1 CBO cannot estimate the direct spending and revenue impacts of the on the road. In the past stations were more CONGRESSIONAL BUDGET OFFICE, bill. Title V would affect both spending and revenues through fines and than juke boxes. They provided breaking Washington, DC, May 22, 1996. forefeitures associated with economic espionage. Over time, these effects Hon. ARLEN SPECTER, would be offsetting except for civil fines as described in the text. news and weather bulletins, specialized in- 2 The 1996 figure is the amount already appropriated. formation for farmers, investors, community Chairman, Select Committee on Intelligence, organizations, local governments, and emer- U.S. Senate, Washington, DC. Fines.—The imposition of new civil and gency services. Before the start of deregula- DEAR MR. CHAIRMAN: The Congressional criminal fines in S. 1718 could cause govern- tion in the 1980s, owners were limited to Budget Office has prepared the enclosed cost mental receipts to increase. Civil fines would seven AM and seven FM stations, to ensure estimate for S. 1718, the Intelligence Author- be deposited into the general fund of the diverse voices and dispersed power. ization Act for Fiscal Year 1997, as reported Treasury. Criminal fines would be deposited The new barons of radio are absentee own- by the Senate Select Committee on Intel- in the Crime Victims Fund and would be ers who convert their stations from local ligence on April 30, 1996. spent in the following year; thus, direct presences into cash cows for instant milking, The bill would affect direct spending and spending from the fund would match the in- their values ballooned for trading to the next receipts, and thus would be subject to pay- crease in revenues from criminal fines with a buyer. The name of the game is to avoid as-you-go procedures under section 252 of the one-year lag. being the ‘‘last sucker’’ stuck with debt if re- Balanced Budget and Emergency Deficit Forfeiture.—A new forfeiture provision in S. cession hits. Control Act of 1985. 1718 could lead to more assets seized and for- Radio, once the most trusted news source If you wish further details on this esti- feited to the United States as a result of eco- in America, has increasingly abandoned the mate, we will be pleased to provide them. nomic espionage. Proceeds from the sale of role of local service-provider. Newsrooms in Sincerely, any such assets would be deposited as reve- many stations have been cut to the bone— JAMES L. BLUM nues into the Assets Forfeiture Fund of the one or two readers, Schreiber says, ‘‘ripping (For June E. O’Neill, Director). Department of Justice and spent out of the and reading’’ news and weather supplied to CONGRESSIONAL BUDGET OFFICE COST fund in the same year. Thus, direct spending all clients by a single news source, the Asso- ESTIMATE from the Assets Forfeiture Fund would ciated Press. 1. Bill number: S. 1718. match any increase in revenues. S6110 CONGRESSIONAL RECORD — SENATE June 11, 1996 SPENDING SUBJECT TO APPROPRIATIONS ACTION ate proceed to the immediate consider- the Journal of proceedings be deemed The bill would authorize the appropriation ation of House Concurrent Resolution approved to date, no resolutions come of $280 million for intelligence and intel- 172 just received from the House. over under the rule, the call of the cal- ligence-related activities for 1997 as well as The PRESIDING OFFICER. The endar be dispensed with, the morning such sums as may be necessary to establish clerk will report. hour be deemed to have expired, and the Commission to Assess the Organization The assistant legislative clerk read the time for the two leaders be re- of the Federal Government to Combat the Proliferation of Weapons of Mass Destruc- as follows: served for their use later in the day, tion. A concurrent resolution (H. Con. Res. 172) and that there then be a period for Section 104 would authorize appropriations authorizing the 1996 Summer Olympic Torch morning business until the hour of 12 of $95.5 million for 1997 for the Community Relay to be run through the Capitol noon with Senators permitted to speak Management Account of the Director of Grounds, and for other purposes. for up to 5 minutes each with the fol- Central Intelligence. Similarly, section 201 The PRESIDING OFFICER. Is there lowing exception: Senator GRASSLEY specifies an authorization of appropriations objection to the immediate consider- for 10 minutes. for the Central Intelligence Agency Retire- ation of the concurrent resolution? I further ask unanimous consent that ment and Disability Fund of $184.2 million. There being no objection, the Senate In addition, CBO estimates costs of $3 mil- at 12 noon, the Senate then resume de- lion over two years to establish the new proceeded to consider the concurrent bate on the conference report to ac- commission. resolution. company the concurrent budget resolu- 7. Pay-as-you-go considerations: The Bal- AMENDMENT NO. 4044 tion. anced Budget and Emergency Deficit Control (Purpose: To make a minor technical The PRESIDING OFFICER. Without Act of 1985 sets up pay-as-you-go procedures amendment) objection, it is so ordered. for legislation affecting direct spending or Mr. SPECTER. Madam President, in f receipts through 1998. The bill would have behalf of Senator FORD, I send an the following pay-as-you-go impact: PROGRAM amendment to the desk. [By fiscal year, in millions of dollars] The PRESIDING OFFICER. The Mr. SPECTER. For the information 1996 1997 1998 clerk will report. of all Senators, on Wednesday the Sen- The assistant legislative clerk read ate will be resuming debate on the Change in outlays ...... 0 (1) (1) Change in receipts ...... 0 (1) (1) as follows: budget resolution conference report. Under a previous order, if the Senate 1 CBO cannot estimate the direct spending and revenue impacts of the The Senator from Pennsylvania [Mr. SPEC- bill. Title V would affect both spending and revenues through fines and for- TER], for Mr. FORD, proposes an amendment has received the official papers on the feitures associated with economic espionage. Over time, these effects would numbered 4044. conference report from the House by be offsetting except for civil fines as described in the text. In section 1 strike ‘‘, and the Olympic 3:30 p.m. on Wednesday, the Senate will 8. Estimated cost to State, local, and tribal Torch may be displayed on the Capitol proceed at that time on a vote on adop- governments: Section 4 of Public Law 104–4 Grounds overnight,’’. tion of that matter. If the Senate does excludes from application of that act legisla- Mr. FORD. Madam President, The not receive the papers from the House tive provisions that are necessary for the na- amendment that I offer to House Con- tional security. CBO has determined that all by that time, then a vote on the adop- the provisions of S. 1718 either fit within this current Resolution 172 conforms the tion of the conference report would exclusion or do not contain intergovern- language of the resolution to the au- then occur on Thursday, June 13, at a mental mandates as defined by Public Law thority sought by the sponsors of the time to be determined by the majority 104–4. Olympic Torch Relay. The plans for the leader after consultation with the 9. Estimated impact on the private sector: relay has been modified since the in- Democratic leader. CBO has determined that all the provisions troduction of the original resolution in The Senate may also be asked to of S. 1718 either fit within the national secu- the House. This amendment reflects turn to the consideration of any other rity exclusion or do not contain private-sec- those changes. tor mandates as defined by Public Law 104– items cleared for action. Therefore, 4. It is my understanding that the other rollcall votes are possible on 10. Previous CBO estimate: None. House leadership is prepared to accept Wednesday. 11. Estimate prepared by: Federal Cost Es- this amendment and will expedite ac- The PRESIDING OFFICER. Without timate: Jeannette Van Winkle. Impact on tion on this measure when it is re- objection, it is so ordered. State, Local, and Tribal Governments: Karen ceived in the House. Consequently, this f McVey. Impact on Private Sector: Neil Sing- amendment will not result in any delay er. of the Olympic Torch Relay events. ORDER FOR ADJOURNMENT 12. Estimate approved by: Robert A. Sun- I commend my colleague from Geor- Mr. SPECTER. If there is no further shine for Paul N. Van de Water, Assistant Di- business to come before the Senate, I rector for Budget Analysis.∑ gia, Senator NUNN, for his efforts to fa- cilitate this event and thank my col- now ask that the Senate stand in ad- f leagues for their assistance. journment under the previous order ORDER OF PROCEDURE Mr. SPECTER. Madam President, I following the remarks of Senator ask unanimous consent that the CRAIG. Mr. SPECTER. Madam President, I amendment be agreed to, the resolu- The PRESIDING OFFICER. Without have been asked to perform the wrap- tion, as amended, be agreed to, and the objection, it is so ordered. up—a high honor to be acting majority motion to reconsider be laid upon the The Senator from Idaho is recog- leader—perhaps majority leader since table; further, that any statements re- nized. there is no majority leader at the mo- lating thereto be placed at an appro- f ment. priate place in the RECORD as if read. TRIBUTE TO SENATOR BOB DOLE f The PRESIDING OFFICER. Without Mr. CRAIG. Madam President, I will ORDER FOR PRINTING A SENATE objection, it is so ordered. not keep us long in the closing hours of DOCUMENT The amendment (No. 4044) was agreed to. the U.S. Senate in what will certainly Mr. SPECTER. Madam President, I The concurrent resolution (H. Con. be recognized and reported as a historic ask unanimous consent that the trib- Res. 172), as amended, was agreed to. day. utes to Senator DOLE be printed as a f Madam President, this evening I Senate document. want to add to my earlier remarks two The PRESIDING OFFICER. Without ORDERS FOR WEDNESDAY, JUNE thoughts that I think are appropriate objection, it is so ordered. 12, 1996 as many of our colleagues have come to f Mr. SPECTER. Madam President, I the floor today to express their sad- ask unanimous consent that when the ness, their reminiscent thoughts, and AUTHORIZATION FOR THE USE OF Senate completes its business today it in some instances our joy that BOB THE CAPITOL GROUNDS stand in adjournment until the hour of DOLE is now free to lead our party, my Mr. SPECTER. Madam President, I 11:30 on Wednesday, June 12; further, party, the Republican Party, in his ask unanimous consent that the Sen- that immediately following the prayer, quest for the Presidency. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6111 Over the last 2 years I have had the I, along with every Senator in this NATIONAL INSTITUTE FOR LITERACY ADVISORY privilege of developing a unique rela- body, will miss BOB DOLE as our major- BOARD tionship with leader BOB DOLE. I chair ity leader. AUDREY TAYSE HAYNES, OF KENTUCKY, TO BE A MEM- BER OF THE NATIONAL INSTITUTE FOR LITERACY ADVI- the steering committee here in the But I say that I am excited about the SORY BOARD FOR A TERM EXPIRING OCTOBER 13, 1998. Senate, better known as the conserv- future. And I am excited about the op- MARY DODD GREENE, OF TEXAS, TO BE A MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY atives, or a group of conservatives, and portunity someday, as I believe I will BOARD FOR A TERM EXPIRING OCTOBER 12, 1998. there have been many occasions when I have that opportunity, to say to BOB MARK EDWIN EMBLIDGE, OF VIRGINIA, TO BE A MEM- OLE BER OF THE NATIONAL INSTITUTE FOR LITERACY ADVI- have been instructed by that group to D , ‘‘Mr. President, it is my pleasure SORY BOARD FOR A TERM EXPIRING SEPTEMBER 22, 1998. go sit down with our leader and express to serve you.’’ TONI G. FAY, OF NEW JERSEY, TO BE A MEMBER OF With those thoughts, I yield back my THE NATIONAL INSTITUTE LITERACY ADVISORY BOARD our concern over a given issue. FOR A TERM EXPIRING OCTOBER 12, 1998. It has been over the course of that time with the understanding that the DEPARTMENT OF STATE time that I have gotten to know BOB Senate will stand in adjournment. f RICHARD L. MORNINGSTAR, OF MASSACHUSETTS, FOR DOLE for the person that so many have THE RANK OF AMBASSADOR DURING HIS TENURE OF spoken to today: a man whose leader- SERVICE AS SPECIAL ADVISOR TO THE PRESIDENT AND ADJOURNMENT UNTIL 11:30 A.M. TO THE SECRETARY OF STATE ON ASSISTANCE TO THE ship, and his concern about our coun- TOMORROW NEW INDEPENDENT STATES [NIS] OF THE FORMER SO- try and this institution, the Senate, VIET UNION AND COORDINATOR OF NIS ASSISTANCE. The PRESIDING OFFICER. Under was always foremost. He did so in style DANE FARNSWORTH SMITH, JR., OF NEW MEXICO, A CA- the previous order, the Senate stands REER MEMBER OF THE SENIOR FOREIGN SERVICE, and dignity. BOB DOLE is one of those CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR adjourned. EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNIT- people who could tell you no with as Thereupon, the Senate, at 7:57 p.m., ED STATES OF AMERICA TO THE REPUBLIC OF SENEGAL. much sincerity as he could tell you GEORGE F. WARD, JR., OF VIRGINIA, A CAREER MEM- adjourned until Wednesday, June 12, BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- yes; that he would take your issue and 1996, at 11:30 a.m. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- carry it forward, or that he did not be- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES f OF AMERICA TO THE REPUBLIC OF NAMIBIA. lieve what you were discussing with SHARON P. WILKINSON, OF NEW YORK, A CAREER MEM- him was appropriate at the time and CONFIRMATIONS BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND that sometime in the future it might Executive nominations confirmed by PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA fit. That was the kind of person who I the Senate June 11, 1996: TO BURKINA FASO. KENNETH C. BRILL, OF CALIFORNIA, A CAREER MEM- have grown to know and respect in my LEGAL SERVICES CORPORATION BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- first term here in the U.S. Senate. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LAVEEDA MORGAN BATTLE, OF ALABAMA, TO BE A DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Another issue that BOB DOLE has MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL OF AMERICA TO THE REPUBLIC OF CYPRUS. been more than fair to this Senator on SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, DAY OLIN MOUNT, OF VIRGINIA, A CAREER MEMBER OF 1998. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- is the issue of my leadership on the JOHN N. ERLENBORN, OF ILLINOIS, TO BE A MEMBER COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND balanced budget amendment. I had OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CORPORATION FOR A TERM EXPIRING JULY 13, 1998. TO THE REPUBLIC OF ICELAND. started that effort in the House in the EDNA FAIRBANKS-WILLIAMS, OF VERMONT, TO BE A CHARLES O. CECIL, OF CALIFORNIA, A CAREER MEM- MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL 1980’s, but it was some years after BOB BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DOLE had already presented the idea 1998. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES here in the U.S. Senate. I, along with HARRY S. TRUMAN SCHOLARSHIP FOUNDATION OF AMERICA TO THE REPUBLIC OF NIGER. DAVID C. HALSTED, OF VERMONT, A CAREER MEMBER the Presiding Officer at this moment, NORMAN I. MALDONADO, OF PUERTO RICO, TO BE A OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- had felt the importance of this issue MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY S. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA and had worked hard to make it a na- PIRING DECEMBER 10, 1999. TO THE REPUBLIC OF CHAD. tional issue. LUIS D. ROVIRA, OF COLORADO, TO BE A MEMBER OF PRUDENCE BUSHNELL, OF VIRGINIA, A CAREER MEM- THE BOARD OF TRUSTEES OF THE HARRY S. TRUMAN BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- When I arrived here in the Senate in SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CEMBER 10, 2001. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA 1990 as the citizens of Idaho chose me BARRY GOLDWATER SCHOLARSHIP & EXCELLENCE IN TO THE REPUBLIC OF KENYA. as one of their U.S. Senators, BOB DOLE EDUCATION FOUNDATION MORRIS N. HUGHES, JR., OF NEBRASKA, A CAREER DONNA DEARMAN SMITH, OF ALABAMA, TO BE A MEM- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF was very quick to say, ‘‘LARRY, that is BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND your issue, and we want you to lead.’’ WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA As our committee meetings went for- FOUNDATION FOR A TERM EXPIRING MARCH 3, 1998. TO THE REPUBLIC OF BURUNDI. SAINT LAWRENCE SEAWAY DEVELOPMENT ward, or as there were press con- NUCLEAR REGULATORY COMMISSION CORPORATION ferences, or as there were other gather- HUBERT T. BELL, JR., OF ALABAMA, TO BE INSPECTOR WILLIAM L. WILSON, OF MINNESOTA, TO BE A MEMBER GENERAL, NUCLEAR REGULATORY COMMISSION. ings in behalf of a balanced budget OF THE ADVISORY BOARD OF THE SAINT LAWRENCE amendment, BOB DOLE attended them SEAWAY DEVELOPMENT CORPORATION. NATIONAL TRANSPORTATION SAFETY BOARD religiously. But with his seniority and COMMUNICATIONS SATELLITE CORPORATION JAMES E. HALL, OF TENNESSEE, TO BE CHAIRMAN OF with his prestige, he was always will- BARRY M. GOLDWATER, SR. OF ARIZONA, TO BE A MEM- THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A BER OF THE BOARD OF DIRECTORS OF THE COMMUNICA- TERM OF TWO YEARS. ing to step back and say to people like TIONS SATELLITE CORPORATION UNTIL THE DATE OF DEPARTMENT OF DEFENSE myself, or Orrin HATCH, or others, or THE ANNUAL MEETING OF THE CORPORATION IN 1998. PAUL SIMON, ‘‘This is your issue. You PETER S. KNIGHT, OF THE DISTRICT OF COLUMBIA, TO ROBERT E. ANDERSON, OF MINNESOTA, TO BE A MEM- BE A MEMBER OF THE BOARD OF DIRECTORS OF THE BER OF THE BOARD OF REGENTS OF THE UNIFORMED lead with it. You carry it.’’ COMMUNICATIONS SATELLITE CORPORATION UNTIL THE SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A DATE OF THE ANNUAL MEETING OF THE CORPORATION TERM EXPIRING JUNE 20, 2001. When we convened the historic 104th IN 1999. LONNIE R. BRISTOW, OF CALIFORNIA, TO BE A MEMBER session, as BOB DOLE become the ma- NATIONAL COMMISSION ON LIBRARIES AND OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- ICES UNIVERSITY OF THE HEALTH SCIENCES FOR A jority leader of the U.S. Senate, he was INFORMATION SCIENCE TERM EXPIRING JUNE 20, 2001. very quick to say to me and others, C.E. ABRAMSON, OF MONTANA, TO BE A MEMBER OF SHIRLEY LEDBETTER JONES, OF ARKANSAS, TO BE A ‘‘This is an issue that will be one of our THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- MEMBER OF THE BOARD OF REGENTS OF THE UNI- MATION SCIENCE FOR A TERM EXPIRING JULY 19, 2000. FORMED SERVICES UNIVERSITY OF THE HEALTH lead issues this year, and I want you, SCIENCES FOR A TERM EXPIRING MAY 1, 2001. CORPORATION FOR NATIONAL AND COMMUNITY LARRY CRAIG, or ORRIN HATCH, or PAUL THE ABOVE NOMINATIONS WERE APPROVED SUBJECT SERVICE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- SIMON, to lead me.’’ QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ROBERT B. ROGERS, OF MISSOURI, TO BE A MEMBER OF CONSTITUTED COMMITTEE OF THE SENATE. What I am saying is that in all of the THE BOARD OF DIRECTORS OF THE CORPORATION FOR opportunities that BOB DOLE had to be NATIONAL AND COMMUNITY SERVICE FOR A TERM OF DEPARTMENT OF JUSTICE THREE YEARS. in the forefront, there were many occa- JOHN R. LACEY, OF CONNECTICUT, TO BE A MEMBER OF HARRY S TRUMAN SCHOLARSHIP FOUNDATION sions when he was very willing to step THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF ELMER B. STAATS, OF THE DISTRICT OF COLUMBIA, TO THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER back and let others lead, and I think BE A MEMBER OF THE BOARD OF TRUSTEES OF THE 30, 1998. HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A that is the sign of a leader. I think that IN THE COAST GUARD is the expression of the confidence that TERM EXPIRING DECEMBER 10, 2001. NATIONAL MUSEUM SERVICES BOARD COAST GUARD NOMINATIONS BEGINNING VINCENT he had in himself, but at the same time WILCZYNSKI, AND ENDING JAMES R. DIRE, WHICH NOMI- the willingness to share that with all DAVID A. UCKO, OF MISSOURI, TO BE A MEMBER OF THE NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 19, of us as he saw the importance of PIRING DECEMBER 6, 1999. 1996. broadening our base and carrying these ALBERTA SEBOLT GEORGE, OF MASSACHUSETTS, TO COAST GUARD NOMINATION OF ANDREW J. SORENSON, BE A MEMBER OF THE NATIONAL MUSEUM SERVICES WHICH WAS RECEIVED BY THE SENATE AND APPEARED issues forward. BOARD FOR A TERM EXPIRING DECEMBER 6, 1998. IN THE CONGRESSIONAL RECORD OF MAY 22, 1996.