Senate the Senate Met at 9 A.M

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

Vol. 145 WASHINGTON, FRIDAY, OCTOBER 1, 1999 No. 131 Senate The Senate met at 9 a.m. and was THE PRESIDENT PRO TEMPORE we will be on the holiday for Columbus called to order by the President pro Mr. SPECTER. Mr. President, let me Day, so there may be some motivation tempore [Mr. THURMOND]. comment at the outset what a great for people to want to get the Senate The PRESIDENT pro tempore. To- pleasure it is to see you opening the business in order to be concluded as day’s prayer will be offered by our Senate again this morning, looking promptly as possible before the start of guest Chaplain, Dr. Winford L. hale and hardy. We keep moving the that 3-day weekend. Hendrix, Vienna Baptist Church, Vi- time earlier and earlier; but no matter I thank the Chair. enna, VA. how early it is, you are always here f We are pleased to have you with us. first. RESERVATION OF LEADER TIME The PRESIDENT pro tempore. I PRAYER thank the Senator very much. The PRESIDING OFFICER (Mr. DEWINE). Under the previous order, The guest Chaplain, Dr. Winford L. f Hendrix, offered the following prayer: leadership time is reserved. May we pray together, please. SCHEDULE f On behalf of this assembly, Lord, Mr. SPECTER. On behalf of the lead- DEPARTMENTS OF LABOR, thank You for another week of their er, I have been asked to announce that HEALTH AND HUMAN SERVICES, service in Your kingdom and for our we will now begin 30 minutes of debate AND EDUCATION, AND RELATED beloved country. And today we pray on the amendment offered by the dis- AGENCIES APPROPRIATIONS that You will grant the kind of under- tinguished Senator from Maine, Ms. ACT, 2000 standing which will enable this Senate COLLINS, regarding diabetes. Following The PRESIDING OFFICER. Also, to see beneath the surface and identify that debate, the Senate will proceed to under the previous order, the Senate the implications, consequences, and a vote on the amendment at approxi- will now resume consideration of S. benefits of the decisions they shall mately 9:30 a.m. 1650, which the clerk will report. make. May each Senator sense Your di- The Senate is expected to continue The legislative clerk read as follows: vine leadership in determining what is consideration of the Labor-HHS bill well founded, fair, and equitable; in- during today’s session. Senators who A bill (S. 1650) making appropriations for deed, what is for the good of all the still intend to offer amendments to the the Departments of Labor, Health and bill are encouraged to work with the Human Services, and Education, and Related citizens of this great land. And I pray Agencies for the fiscal year ending Sep- that You may reward all who respond managers to schedule time for those tember 30, 2000, and for other purposes. amendments. Following the Labor-HHS to Your divine prompting with an inner The PRESIDING OFFICER. Under bill today, there will be a period of sense of peace and fulfillment. In Your the previous order, the Senator from Holy Name we pray. Amen. morning business. The leader advised me last night that Maine is recognized to offer amend- f the Senate will be proceeding to other ment No. 1824 on which there will be 30 minutes of debate equally divided. PLEDGE OF ALLEGIANCE business on Monday and Tuesday and that we will return to the Labor-HHS The Senator from Maine. The Honorable PAUL COVERDELL, bill on Wednesday. Ms. COLLINS. I thank the Chair. a Senator from the State of Georgia, There are a great many amendments AMENDMENT NO. 1824 led the Pledge of Allegiance, as follows: pending. As the chairman of the full (Purpose: To express the sense of the Senate I pledge allegiance to the Flag of the committee announced yesterday, it is that diabetes and its resulting complica- United States of America, and to the Repub- his intention, and for that matter, tions have had a devastating impact on Americans of all ages in both human and lic for which it stands, one nation under God, mine, too, to challenge any amend- indivisible, with liberty and justice for all. economic terms, and that increased sup- ments which violate rule XVI; that is, port for research, education, early detec- f to offer legislation on an appropriation, and treatment efforts is necessary to tions bill. I encourage all Senators to take advantage of unprecedented opportu- RECOGNITION OF THE ACTING consult with me or have their staffs nities for progress toward better treat- MAJORITY LEADER consult with committee staff to work ments, prevention, and ultimately a cure) The PRESIDENT pro tempore. The out time agreements and sequencing so Mr. President, I do call up amend- able Senator from Pennsylvania is rec- that when the amendment is called we ment No. 1824, which is at the desk, and ognized. can move to it as promptly as possible. ask for its immediate consideration. Mr. SPECTER. I thank the distin- The leader called my attention to the The PRESIDING OFFICER. The guished President pro tempore. fact that following next week’s session, clerk will report.

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

S11757

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11758 CONGRESSIONAL RECORD — SENATE October 1, 1999 The legislative clerk read as follows: (18) After extensive review and delibera- tion, and ultimately a cure for this The Senator from Maine [Ms. COLLINS], for tions, the congressionally established and devastating disease. herself, Mr. BREAUX, and Mr. GRASSLEY, pro- National Institutes of Health-selected Diabe- Diabetes is a very serious condition poses an amendment numbered 1824. tes Research Working Group has found that that affects people of every age, race, Ms. COLLINS. Mr. President, I ask ‘‘many scientific opportunities are not being and nationality. Here in America, 16 pursued due to insufficient funding, lack of unanimous consent that reading of the appropriate mechanisms, and a shortage of million people suffer from diabetes, amendment be dispensed with. trained researchers’’. and about 800,000 new cases are diag- The PRESIDING OFFICER. Without (19) The Diabetes Research Working Group nosed each year. objection, it is so ordered. has developed a comprehensive plan for Na- Moreover, diabetes frequently goes The amendment is as follows: tional Institutes of Health-funded diabetes undiagnosed. Of the 16 million Ameri- At the appropriate place in title II, insert research, and has recommended a funding cans with diabetes, it is estimated that the following: level of $827,000,000 for diabetes research at 5.4 million do not realize they have this SEC. ——. EXPRESSING THE SENSE OF THE SEN- the National Institutes of Health in fiscal very serious condition. ATE TO RAISE THE AWARENESS OF year 2000. Diabetes is one of our Nation’s most THE DEVASTATING IMPACT OF DIA- (20) The Senate as an institution, and costly diseases, both in human and eco- BETES AND TO SUPPORT IN- Members of Congress as individuals, are in CREASED FUNDS FOR DIABETES RE- nomic terms. It is the sixth deadliest SEARCH. unique positions to support the fight against diabetes and to raise awareness about the disease in the United States and kills (a) FINDINGS.—Congress makes the fol- almost 200,000 Americans annually. It lowing findings: need for increased funding for research and (1) Diabetes is a devastating, lifelong con- for early diagnosis and treatment. is the leading cause of kidney failure, dition that affects people of every age, race, (b) SENSE OF THE SENATE.—It is the sense of blindness in adults, and amputa- income level, and nationality. of the Senate that— tions. It is a significant risk factor for (2) Sixteen million Americans suffer from (1) the Federal Government has a responsi- heart disease, stroke, and birth defects. diabetes, and millions more are at risk of de- bility to— The disease shortens the average life veloping the disease. (A) endeavor to raise awareness about the importance of the early detection, and prop- expectancy by up to 15 years (3) The number of Americans with diabetes Moreover, it is very costly in finan- has increased nearly 700 percent in the last er treatment of, diabetes; and (B) continue to consider ways to improve cial terms as well. Diabetes costs the 40 years, leading the Centers for Disease Con- Nation in excess of $105 billion annu- trol and Prevention to call it the ‘‘epidemic access to, and the quality of, health care of our time’’. services for screening and treating diabetes; ally in health-related expenditures. At (4) In 1999, approximately 800,000 people (2) the National Institutes of Health, with- present, more than 1 out of every 10 will be diagnosed with diabetes, and diabetes in their existing funding levels, should in- dollars that we spend on health care is will contribute to almost 200,000 deaths, crease research funding, as recommended by related to treating people with diabe- making diabetes the sixth leading cause of the congressionally established and National tes. About 1 out of 4 Medicare dollars death due to disease in the United States. Institutes of Health-selected Diabetes Re- are used to treat people with diabetes. search Working Group, so that the causes of, (5) Diabetes costs our nation an estimated Indeed, more than 40 billion in tax dol- $105,000,000,000 each year. and improved treatments and cure for, diabetes may be discovered; lars is spent each year treating people (6) More than 1 out of every 10 United with diabetes through Medicare, Med- States health care dollars, and about 1 out of (3) all Americans should take an active every 4 Medicare dollars, is spent on the care role to fight diabetes by using all the means icaid, veterans’ health, and Federal of people with diabetes. available to them, including watching for employees’ programs. (7) More than $40,000,000,000 a year in tax the symptoms of diabetes, which include fre- Unfortunately, there currently is no dollars are spent treating people with diabe- quent urination, unusual thirst, extreme way to prevent or to cure diabetes. tes through Medicare, Medicaid, veterans hunger, unusual weight loss, extreme fa- Available treatments have had only benefits, Federal employee health benefits, tigue, and irritability; and limited success in controlling the dev- and other Federal health programs. (4) national organizations, community or- astating consequences of this disease. ganizations, and health care providers should (8) Diabetes frequently goes undiagnosed, This problem is made all the more and an estimated 5,400,000 Americans have endeavor to promote awareness of diabetes and its complications, and should encourage complex by the fact that diabetes is the disease but do not know it. not a single disease, but rather it oc- (9) Diabetes is the leading cause of kidney early detection of diabetes through regular failure, blindness in adults, and amputa- screenings, education, and by providing in- curs in several forms and the complications. formation, support, and access to services. tions affect virtually every system of (10) Diabetes is a major risk factor for The PRESIDING OFFICER. The Sen- the body. heart disease, stroke, and birth defects, and ator from Maine is recognized. Children with type I diabetes face a shortens average life expectancy by up to 15 Ms. COLLINS. Mr. President, I ask lifetime of multiple daily finger pricks years. unanimous consent that the Senator to check their blood sugar levels, daily (11) An estimated 1,000,000 Americans have from Michigan, Mr. ABRAHAM, be added insulin injections, and the possibility Type 1 diabetes, formerly known as juvenile as a cosponsor of this amendment. of lifelong complications, including diabetes, and 15,200,000 Americans have Type The PRESIDING OFFICER. Without kidney failure and blindness, which can 2 diabetes, formerly known as adult-onset di- objection, it is so ordered. be deadly, can be disabling. abetes. (12) Of Americans aged 65 years or older, Ms. COLLINS. I thank the Chair. Older Americans with diabetes also 18.4 percent have diabetes. Mr. President, I am pleased to join can be disabled by the multiple com- (13) Of Americans aged 20 years or older, 8.2 my co-chair of the Senate Diabetes plications of the disease. percent have diabetes. Caucus, Senator BREAUX, as well as the Every year, the Juvenile Diabetes (14) Hispanic, African, Asian, and Native chairman of the Senate Special Com- Foundation hosts a children’s congress Americans suffer from diabetes at rates mittee on Aging, Senator GRASSLEY, in Washington, DC. They bring chil- much higher than the general population, in- and the distinguished Senator from dren from all over this Nation to put a cluding children as young as 8 years-old, who Michigan, Mr. ABRAHAM, in introducing human face on the consequences of are now being diagnosed with Type 2 diabe- a sense-of-the-Senate resolution to type I diabetes. tes, formerly known as adult-onset diabetes. help address the devastating impact of Recently, I had the opportunity to (15) In 1999, there is no method to prevent or cure diabetes, and available treatments diabetes and its resulting complica- meet a courageous 8-year-old boy from have only limited success in controlling dia- tions on Americans of all ages. North Yarmouth, ME. Nathan Rey- betes devastating consequences. This resolution calls for increased nolds is an active young boy. He loves (16) Reducing the tremendous health and support for diabetes research, edu- school, biking, swimming, and base- human burdens of diabetes and its enormous cation, early detection, and treatment. ball, and he particularly likes col- economic toll depend on identifying the fac- Diabetes research has been under- lecting old coins. He is also suffering tors responsible for the disease and devel- funded in recent years. It is imperative from type I diabetes. He was diagnosed oping new methods for treatment and pre- that we increase our commitment in about 2 years ago, and it has com- vention. order to take full advantage of the un- (17) Improvements in technology and the pletely changed his life and the life of general growth in scientific knowledge have precedented and exciting scientific op- his family. created unprecedented opportunities for ad- portunities that we have as the millen- He has had to learn how to check his vances that might lead to better treatments, nium approaches for advances leading blood. In fact, his 4-year-old brother re- prevention, and ultimately a cure. to better detection, treatment, preven- minds him to do it before each meal.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11759 He has to give himself an insulin shot ties. The funding level, the report Senate resolution regarding diabetes. I or get his teacher or the school nurse found, is so far short of what is re- thank my colleagues from Maine for or his parents to help him do so. Na- quired to make progress on this com- sponsoring this resolution. Senator than can never take a day off from his plex and difficult problem. COLLINS and I were among the original disease. It does not matter whether it The report goes on to recommend a co-founders of the Senate Diabetes is Christmas or his birthday, he still funding level of $827 million for diabe- Caucus and have worked together to has to prick his finger and check his tes research at NIH in fiscal year 2000, raise awareness of the disease and the blood sugar. He still has to inject him- and, indeed, many of our colleagues need for a cure. self with insulin in order to keep rel- signed a letter to the Appropriations Diabetes is a devastating illness that atively healthy. Committee requesting an appropria- affects people of every age, race, and I will never forget the story a teacher tion of just that level to be included to nationality. More than sixteen million told me of all the children in her class advance the goals of this legislation. Americans suffer from diabetes and making a wish for Christmas. Some of I am a strong supporter of increased 800,000 new cases are diagnosed each them wished for a new toy, one wished research and of efforts to double our in- year. Diabetes is also a leading chronic for a pony, another wished to go to Dis- vestment in biomedical research over illness affecting children, a special pop- ney World. But one little boy who had the next few years. There is simply no ulation with which it places an espe- juvenile diabetes made the wish that investment that would yield greater re- cially heavy burden. he could just have Christmas without turns for the American taxpayers, and Although many people with diabetes having to give himself ‘‘yucky’’ shots. the commitment of the bill before us of are able to survive with multiple daily That story touched me deeply, and it an additional $2 billion in funding for injections of insulin, it is not a cure for hit home with the fact that this is a NIH, which represents nearly a 13-per- this dreaded disease. Despite the avail- lifelong condition for children who are cent increase, will bring us so much ability of insulin, diabetes continues to diagnosed with type I diabetes. closer to that goal. This strategy is cause serious health complications, in- I will also never forget the anguish particularly important as we move into cluding kidney failure and blindness, on a young mother’s face who told me the next century when our public and it is the cause of nearly 200,000 her 5-year-old son had just been diag- health and disability programs will be deaths per year. nosed with diabetes. ‘‘How do I tell under increasing strains due to the Diabetes costs our nation nearly $100 him?’’ she said. ‘‘How do I tell him he aging of our population. billion each year in direct and indirect is going to have to have shots every I am also very pleased and commend costs. In fact, more than forty billion day, that he is going to have to con- the chairman of the subcommittee, tax dollars are spent each year in stantly prick his finger to check his Senator SPECTER, and the ranking mi- treating people with diabetes through nority member, Senator HARKIN, for in- blood sugar levels? How do I tell him Medicare, Medicaid, veterans and fed- cluding very strong language in the re- what this means for him and for all of eral employees health benefits. us who love him?’’ port accompanying this bill which rec- Past investments in diabetes re- There is also some good news. Excit- ognizes that diabetes research has been search at the National Institutes for underfunded in the past and directs ing research is underway that should Health (NIH) are beginning to show that funding for diabetes be increased lead to medical breakthroughs for Na- real promise for a cure and the number at the National Institute for Diabetes than, for other children, and for adults of research opportunities in the field and Digestive and Kidney Disease and who have type I and type II diabetes. continue to expand. We now stand at a other NIH institutes. Again, the chair- Reducing the tremendous health and pivotal juncture in the fight to cure di- man of the Appropriations Committee, human burdens of diabetes and its abetes and its complications. Senator STEVENS, and the chairman enormous economic toll depends upon A report released in February by the and ranking member of the sub- identifying the factors responsible for congressionally mandated Diabetes Re- committee, Senator SPECTER and Sen- the disease and developing new meth- search Working Group (DRWG) called ator HARKIN, have all been tremendous ods for treatment, prevention, and ulti- upon NIH to substantially expand its advocates for people with diabetes and mately a cure. support for diabetes research and has are to be commended for their strong The next decade holds tremendous identified specific research rec- leadership in this effort. potential and promise for diabetes re- The amendment I am offering today ommendations as part of a new na- search. Improvements in technology does not earmark a particular funding tional plan to find a cure. and the general growth in scientific level for diabetes research. Rather, it is On April 26, 1999, a letter signed by knowledge have created unprecedented intended to heighten awareness of the myself, Senator COLLINS, and 37 of our opportunities for advancements that devastating impact of this disease, and colleagues was sent to Chairman SPEC- might lead to better treatments, pre- it is intended to affirm that diabetes TER and Ranking Member HARKIN in re- vention, and a cure. research is a high priority. Most of all, questing increased funding for diabetes Earlier this year, the congressionally the amendment expresses the clear in- research within NIH in accordance mandated diabetes research working tent of the Senate that the National with the DRWG report. And, it is clear group, an independent panel composed Institutes of Health should substan- from the work of the Senate Appropria- of 12 scientific experts of diabetes and tially increase its investment in the tions Committee that diabetes has not 4 representatives of the lay diabetes fight against diabetes along the lines been neglected. Therefore, in an effort communities, issued an important re- recommended in this landmark report, to bolster the work of the committee, port. It is called ‘‘Conquering Diabetes: the $827 million recommendation. and I believe rightly so, this resolution A Strategic Plan for the 21st Century.’’ We must ensure that sufficient re- is being introduced today to send a This important report details the mag- sources are available to take full ad- clear signal to all Americans that dia- nitude of the problem, and it lays out vantage of the extraordinary and un- betes is a serious concern of the United a comprehensive plan for research con- precedented scientific opportunities States Senate. ducted by the National Institutes of identified by the diabetes working We have not yet found a cure for dia- Health on diabetes. group. If we do so, we can better under- betes. But, I am confident that in time In this report, the diabetes working stand and ultimately conquer this dev- and with sufficient support, a cure will group found, ‘‘Many scientific opportu- astating disease. be found and we will be able to declare nities are not being pursued due to in- I thank the Chair for his attention. I victory over this debilitating disease. sufficient funding, lack of appropriate hope all of my colleagues will join us Mr. SPECTER addressed the Chair. mechanisms and a shortage of trained in supporting this resolution to send a The PRESIDING OFFICER. The Sen- researchers.’’ clear signal that we are committed to ator from Pennsylvania. The report also concluded that the conquering diabetes. Mr. SPECTER. Mr. President, I concurrent level of funding, the level of ef- I reserve any remaining time I may gratulate the distinguished Senator fort, and the scope of diabetes research have left. from Maine, Ms. COLLINS, for offering falls far short of what is needed to cap- Mr. GRASSLEY. Mr. President, I rise this amendment. I agree with her that italize on these promising opportuni- today in support of the sense-of-the- the amendment will appropriately

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11760 CONGRESSIONAL RECORD — SENATE October 1, 1999 focus attention on the problems of dia- $1.2 billion, there would not be room Ms. COLLINS. I again salute the Sen- betes, especially among the young peo- for funding for NIH, for programs such ator from Pennsylvania for his tremen- ple in America. as diabetes. dous commitment to medical research. I thank Senator COLLINS for noting Then we had an amendment come up Without his leadership, we would not the work of the subcommittee and the on afterschool programs, again, a re- see the kinds of advancements that are full committee in moving ahead with quest for $200 million more. There is being made. I thank him for his sup- funding on this important ailment and, $200 million in the current budget, and port. as she noted, with the very strong lan- Senator HARKIN and I took the lead of Mr. President, I ask unanimous con- guage that is present in the bill en- adding $200 million to bring it to $400 sent the Senator from Ohio, Mr. couraging the National Institutes of million. I would like to have more for DEWINE, and the Senator from Arkan- Health to move forward. afterschool programs, but I had to vote sas, Mr. HUTCHINSON, be added as co- I think it appropriate to note for the against that amendment, because if we sponsors to my sense-of-the-Senate record that on June 22 of this year we add $200 million more to afterschool amendment. had a special hearing on diabetes. At programs, it has to come from some The PRESIDING OFFICER. Without that time, we had testimony from offi- place. And NIH is a big target out objection, it is so ordered. cials at the National Institutes of there. The amendment adding the $200 Ms. COLLINS. Mr. President, we are Health, the Director, Dr. Harold million for afterschool programs was on the edge of an exciting break- Varmus; Dr. Phillip Gorton, the Direc- offered by the Senator from California, through in the treatment and ulti- tor of the Institute of Diabetes and Di- Mrs. BOXER. mately the prevention and cure of dia- gestive and Kidney Diseases; as well as Then Senator DODD offered an betes. That is why I am so excited by a number of others. amendment to add about $900 million the possibility of a significant increase It is very important to put a human more to day care. I have always sup- in research in this area. face on the issue, as Senator COLLINS ported. But again, when you have a bill As the chairman of the Senate Diabe- did with the specific reference in her of $91.7 billion, which is at the break- tes Caucus, I have had the opportunity speech to the youngsters. At that time, ing point as to what this body will to visit some of the leading-edge re- we had coming forward the celebrity, pass—and I think there is a question as search labs that are doing work on dia- Mary Tyler Moore, a juvenile diabetic; to whether we will have 51 votes for betes. I have visited Jackson Labs in Mr. Tony Bennett, the famous singer, that because it is a lot of money, al- Bar Harbor, MA, where very exciting the grandfather of a child with diabe- though staying within the caps—again research is ongoing into the causes of tes; Mr. Alan Silvestri, a composer and with great reluctance, I could not sup- both type I and type II diabetes. I am father of a child with diabetes; and also port Senator DODD’s amendment on very proud of the contributions made our distinguished colleague, Senator day care. by these distinguished scientists in my STROM THURMOND, who has a daughter Then we had a very important social home State. with diabetes. service block grant, again where it is a In addition, I have had the pleasure It is a curious factor, but a fact of matter of priorities. When it comes to of visiting the JDF Foundation Center life nonetheless, that when people of health, I believe there is no higher pri- at Harvard Medical School, where celebrated stature come and testify, ority. I have said with some frequency there is also tremendous research un- there is more public understanding of that the National Institutes of Health derway. I am convinced, with the kind the ailment and more willingness to is the crown jewel of the Federal Gov- of increased commitment called for by face up to it in the appropriations proc- ernment—perhaps the only jewel of the my resolution, and indicated in the Ap- ess. Federal Government. propriations Committee’s report, that In order to carry forward on what In my position as chairman of the we can in fact break through and reach this sense-of-the-Senate resolution re- subcommittee, which has the baseline a cure for this devastating disease. quests—and I feel confident in pre- responsibility to fund the National In- Mr. President, I do not know whether stitutes of Health—and Senator HARKIN dicting it will pass 90-something to there is any other request for time. It has the same consideration—we receive nothing; the only open question is how is my understanding the vote is sched- requests constantly from people who many Senators will be present to vote uled for 9:30. We have reached that have Parkinson’s—we had a hearing for it; I think it will be a unanimous hour. this week on Parkinson’s disease. We vote, but our ability to carry that for- Mr. President, seeing no one seeking had a hearing on prostate cancer, a ward depends upon what we appro- further time to speak, I ask for the special concern on breast cancer, heart priate. yeas and nays on the pending amend- ailments, a very large number of un- In the bill currently pending, we have ment. known diseases. The PRESIDING OFFICER. Is there a an increase in NIH funding of $2 billion. I said on the floor yesterday that That is a tremendous sum of money. sufficient second? There appears to be Senator HARKIN is very frequently lob- We have a bill which is $4 billion higher a sufficient second. bied when he gets on the plane between The yeas and nays were ordered. than last year’s bill, with the funding Washington and Des Moines. I find a The PRESIDING OFFICER. Is all coming largely for education, where we lot of people with unique ailments on time yielded back? Does the Senator have an increase of $2.3 billion. In as- the Metroliner between Washington from Pennsylvania yield back the re- sessing the priorities in education, we and Philadelphia. maining time? have put in more than $500 million As Senator COLLINS has brought for- Mr. SPECTER. I do, Mr. President. more than the President’s request. We ward the issue this morning, I think it The hour is 9:30. I think we are set for have in excess of $35 billion for edu- is a very profound message. But to ac- the vote. cation. complish what Senator COLLINS seeks, The PRESIDING OFFICER. All time When it comes to health care, Sen- we have to appropriate the increase of having expired, the question is on ator HARKIN and I have taken the lead $2 billion. Even then, if there are 10 agreeing to the Collins amendment No. in adding $2 billion, as we did last year. doors with research projects behind 1824. The yeas and nays have been or- When we have assessed those priorities, them, 7 of those doors will not be dered. The clerk will call the roll. it has made it necessary to reduce opened, even with funding NIH at a The legislative clerk called the roll. funding on some other proposals. I level of $17.6 billion. Mr. NICKLES. I announce that the found myself in a very unique position So again, I thank my colleague from Senator from Indiana (Mr. LUGAR), the in managing this bill. I have voted Maine—carrying on the great tradition Senator from Florida (Mr. MACK), the against amendments I never voted of Maine Senators. Senator from Arizona (Mr. MCCAIN), against before. I voted against an I yield the floor, leaving her the re- and the Senator from Wyoming (Mr. amendment to add $200 million on class mainder of the time before 9:30 to THOMAS), are necessarily absent size, which I would like to have sup- close. Mr. REID. I announce that the Sen- ported. The bill continues the funding Ms. COLLINS addressed the Chair. ator from California (Mrs. BOXER) and at $1.2 billion. If we added the $200 mil- The PRESIDING OFFICER. The Sen- the Senator from Oregon (Mr. WYDEN) lion on class size, in addition to the ator from Maine. are necessarily absent.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11761 I also announce that the Senator Act are causing real hardships for some First: It adjusts the new payment from Michigan (Mr. LEVIN) is absent of our most vulnerable citizens—hard- system for nursing homes and skilled because of a death in the family. ships that cannot be justified on either nursing facilities to better reflect the I further announce that, if present financial or medical grounds. We did increased costs of caring for very sick and voting, the Senator from Michigan not anticipate these consequences patients. (Mr. LEVIN) would vote ‘‘no.’’ when we passed the Balanced Budget Second: It postpones additional cuts The result was announced—yeas 93, Act. But now that we know about in home health care payments for two nays 0, as follows: them, we have a responsibility to ad- years and addresses the more serious [Rollcall Vote No. 305 Leg.] dress them. problems that have come to light while YEAS—93 Today I am introducing the Medicare the current ‘‘interim payment system’’ Abraham Edwards Lieberman Beneficiary Access to Care Act of 1999. has been in place. Akaka Enzi Lincoln This bill is not a comprehensive Third: It protects hospitals from Allard Feingold Lott Medicare reform plan. Nor is it a Ashcroft Feinstein McConnell crippling losses they might otherwise Baucus Fitzgerald Mikulski wholesale revision of the Balanced suffer as the result of a new Medicare Bayh Frist Moynihan Budget Act. Instead, it is a reasonable, payment system for outpatient medical Bennett Gorton Murkowski targeted solution to certain specific Biden Graham Murray services. Bingaman Gramm Nickles problems with Medicare that Congress This protection is especially impor- Bond Grams Reed created inadvertently as part of the tant for people who depend on rural Breaux Grassley Reid Balanced Budget Act. hospitals—like Mobridge Hospital, in Brownback Gregg Robb Before I outline the specific remedies Bryan Hagel Roberts Mobridge, South Dakota. Mobridge Bunning Harkin Rockefeller in my bill, I want to tell you about the Hospital is the only source of inpatient Burns Hatch Roth real-life consequences of one of the hospital care for 100 miles. If it were Byrd Helms Santorum changes we made to Medicare under forced to drastically reduce its serv- Campbell Hollings Sarbanes the Balanced Budget Act. Chafee Hutchinson Schumer ices, or close, that would have a dev- Cleland Hutchison Sessions Two years ago, Congress decided to astating impact on scores of commu- Cochran Inhofe Shelby limit how much Medicare would pay nities. Because they serve a population Collins Inouye Smith (NH) for rehabilitation therapy. The new Conrad Jeffords Smith (OR) that is generally older and less wealthy Coverdell Johnson Snowe limits are $1,500 a year per patient for than average, America’s rural hospitals Craig Kennedy Specter physical and speech therapy combined, operate on lower profit margins, and Crapo Kerrey Stevens and another $1,500 for occupational they have virtually no margin for Daschle Kerry Thompson therapy. DeWine Kohl Thurmond error. They need the relief that is in Dodd Kyl Torricelli For some Medicare patients who need this bill. Domenici Landrieu Voinovich rehabilitation therapy, the new limits A fourth area addressed by the bill Dorgan Lautenberg Warner on payments are not a problem. But for are the deep cuts made by the BBA in Durbin Leahy Wellstone Ruth Irwin, they are a nightmare. payments to teaching hospitals. Major NOT VOTING—7 A while back, Mrs. Irwin had to have teaching hospitals represent only 6% of Boxer Mack Wyden one of her legs amputated because of all hospitals. But they account for 70% Levin McCain complications of diabetes. With an in- Lugar Thomas of the burn units in America, more credible amount of effort and the help than half of the pediatric intensive The amendment (No. 1824) was agreed of regular physical therapy, Mrs. Irwin care units, and they provide 44% of the to. was learning how to walk with a pros- indigent care in this country. The bill Mr. COVERDELL. I move to recon- thetic leg and two canes. sider the vote. Her goal was to learn to walk with moderates these cuts. Mr. HATCH. I move to lay that mo- one cane, so she would have one hand When you combine other BBA cuts in tion on the table. free. She was on the verge of reaching payments with reductions in payments The motion to lay on the table was that goal—when she hit the $1,500 phys- for indirect medical education, nearly agreed to. ical-therapy limit. She couldn’t afford half of America’s major teaching hos- Mr. DASCHLE. Mr. President, I ask to pay out-of-pocket, so she stopped pitals are projected to lose money dur- to proceed as in morning business. seeing her physical therapist. Her con- ing the next few years. We cannot sac- The PRESIDING OFFICER (Mr. GOR- dition deteriorated. A few months rifice the high-quality care, teaching, TON). Without objection, it is so or- later, she tripped on a curb and broke and research activities these hospitals dered three ribs. Ruth Irwin is not alone. provide. We must make this fix, and f It is estimated that 1 in 7 Medicare keep these hospitals whole. This bill MEDICARE BENEFICIARY ACCESS recipients who need physical therapy— does it. TO CARE ACT OF 1999 about 200,000 Americans—will hit the Fifth, Mr. President, the Medicare Beneficiary Access to Care Act pro- Mr. DASCHLE. Mr. President, 2 years caps this year. These are mostly pa- vides new protections for seniors en- ago, we passed the Balanced Budget tients who are recuperating from am- rolled in Medicare+Choice, when their Act. It was a monumental example of putations, strokes, and head trauma, plan pulls out of their community. what Congress can achieve when we and people who suffer from serious de- Finally, the bill includes additional work together. generative diseases such as multiple Not only did we end 30 years of def- sclerosis, Alzheimer’s, and Parkinson’s provisions to protect access to rural icit spending with the Balanced Budget disease. hospitals, hospice care, community Act, we also extended the life of the Mr. President, between 1990 and 1996, health centers, and rural health clin- Medicare Part A Trust Fund by 13 Medicare spending on rehabilitation ics. years. And we added important new therapy grew 18 percent a year, to $1 As I said, this is not a comprehensive preventive benefits, including mammo- billion. We had good reason to try to solution to Medicare. There are still grams and Pap smears, for Medicare curb that growth. But we now know, many questions we must work together beneficiaries. we chose the wrong way to accomplish to answer. How can we add the pre- We made many changes that our goal. It’s wrong to force stroke vic- scription drug plan both our parties— achieved a lot of good. tims in nursing homes to decide wheth- and the vast majority of Americans— We also know now that we made er they want to learn how to walk or say we support? How can we make sure some miscalculations. talk. The Medicare Beneficiary Access Medicare remains solvent when the Frankly, that is to be expected. Very to Care Act repeals the current, arbi- Baby Boomers retire—and beyond? often, when you make a lot of changes, trary caps rehabilitation therapy and These are questions that must be an- you don’t get everything right the first replaces it with limits based on indi- swered. They are important and must time. vidual patients’ specific needs. be addressed in legislation that falls But the miscalculations we made It also makes a number of other, tar- outside the purview of the bill we in- about Medicare in the Balanced Budget geted adjustments. troduce today. But make no mistake,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11762 CONGRESSIONAL RECORD — SENATE October 1, 1999 they are high priorities, and ones SECTION 1. SHORT TITLE; AMENDMENTS TO SO- Sec. 802. Change in time period for exclusion which will not go away, and will be ad- CIAL SECURITY ACT; TABLE OF CON- of Medicare+Choice organiza- TENTS. dressed in future bills. tions that have had a contract (a) SHORT TITLE.—This Act may be cited as terminated. For now, though, there is no question the ‘‘Medicare Beneficiary Access to Care Sec. 803. Enrollment of medicare bene- that we made some miscalculations in Act of 1999’’. ficiaries in alternative 1997, when we changed the way Medi- (b) AMENDMENTS TO SOCIAL SECURITY Medicare+Choice plans and ACT.—Except as otherwise specifically pro- care pays for certain services. There is medigap coverage in case of in- vided, whenever in this Act an amendment is voluntary termination of no question that those miscalculations expressed in terms of an amendment to or re- are causing real hardships today for Medicare+Choice enrollment. peal of a section or other provision, the ref- Sec. 804. Applying medigap and some of America’s sickest and frailest erence shall be considered to be made to that Medicare+Choice protections to citizens, and for the institutions that section or other provision of the Social Secu- disabled and ESRD medicare care for them. And there should be no rity Act. beneficiaries. delay in correcting those miscalcula- (c) TABLE OF CONTENTS.—The table of con- Sec. 805. Extended Medicare+Choice tions. tents of this Act is as follows: disenrollment window for cer- Sec. 1. Short title; amendments to Social tain involuntarily terminated We should make these changes not Security Act; table of contents. enrollees. just because of the human suffering TITLE I—HOSPITALS Sec. 806. Nonpreemption of State prescrip- they are causing. There are compelling Sec. 101. Multiyear transition to prospective tion drug coverage mandates in economic reasons to make them as payment system for hospital case of approved State medigap well. That is the other part of Ruth outpatient department services. waivers. Irwin’s story. As a result of her three Sec. 102. Limitation in reduction of pay- Sec. 807. Modification of payment rules for broken ribs, Mrs. Irwin received reg- ments to disproportionate certain frail elderly medicare ular visits by a registered nurse and a share hospitals. beneficiaries. Sec. 103. Changes to DSH allotments and Sec. 808. Extension of medicare community home health aide—all paid for by Medi- transition rule. nursing organization dem- care. She also received physical ther- Sec. 104. Revision of criteria for designation onstration projects. apy three times a week. as a critical access hospital. TITLE IX—CLINICS The bottom line: Her recovery was Sec. 105. Sole community hospitals and Sec. 901. New prospective payment system far longer, more painful—and more medicare dependent hospitals. for Federally-qualified health costly—than it needed to be. We did a TITLE II—GRADUATE MEDICAL centers and rural health clinics lot of good in 1997. We made some EDUCATION under the medicaid program. tough decisions that added years of sol- Sec. 201. Revision of multiyear reduction of TITLE I—HOSPITALS indirect graduate medical edu- vency to Medicare, and enabled us to cation payments. SEC. 101. MULTIYEAR TRANSITION TO PROSPEC- add life-saving new preventive benefits. TIVE PAYMENT SYSTEM FOR HOS- Sec. 202. Acceleration of GME phase-in. PITAL OUTPATIENT DEPARTMENT But we also made some miscalcula- Sec. 203. Exclusion of nursing and allied SERVICES. tions. health education costs in calcu- (a) IN GENERAL.—Section 1833(t) (42 U.S.C. We didn’t know at the time the harsh lating Medicare+Choice pay- 1395(t)) is amended by adding at the end the ment rate. following: consequences some of these miscalcula- Sec. 204. Adjustments to limitations on ‘‘(10) MULTIYEAR TRANSITION.— tions would have. number of interns and resi- ‘‘(A) IN GENERAL.—In the case of covered Now that we do, we need to correct dents. OPD services furnished by a hospital during them—the sooner, the better. So I urge TITLE III—HOSPICE CARE a transition year, the Secretary shall in- all my colleagues to support this bill Sec. 301. Increase in payments for hospice crease the payments for such services under and to work with us to ensure its care. the prospective payment system established prompt consideration and passage. TITLE IV—SKILLED NURSING under this subsection by the amount (if any) FACILITIES that the Secretary determines is necessary This legislation was the result of a Sec. 401. Modification of case mix categories to ensure that the payment to cost ratio of tremendous amount of work by a num- for certain conditions. the hospital for the transition year equals ber of our colleagues. This is clearly a Sec. 402. Exclusion of clinical social worker the applicable percentage of the payment to team effort. I thank in particular Sen- services and services performed cost ratio of the hospital for 1996. ator MOYNIHAN for his extensive efforts under a contract with a rural ‘‘(B) PAYMENT TO COST RATIO.— to help us draft and craft this legisla- health clinic or Federally quali- ‘‘(i) IN GENERAL.—The payment to cost tion. His expertise was invaluable in fied health center from the PPS ratio of a hospital for any year is the ratio which— making very important decisions. I for SNFs. Sec. 403. Exclusion of certain services from ‘‘(I) the hospital’s reimbursement under thank Senators MIKULSKI and DURBIN the PPS for SNFs. this part for covered OPD services furnished and KERREY for their commitment to Sec. 404. Exclusion of swing beds in critical during the year, including through cost-shar- solving the problem. I thank Senator access hospitals from the PPS ing described in subparagraph (D)(ii), bears JACK REED for his help on home health for SNFs. to and Senators BAUCUS and CONRAD for TITLE V—OUTPATIENT REHABILITATION ‘‘(II) the cost of such services. their efforts on rural health. I thank SERVICES ‘‘(ii) CALCULATION OF 1996 PAYMENT TO COST RATIO.—The Secretary shall determine each especially Senator ROCKEFELLER and Sec. 501. Modification of financial limitation on rehabilitation services. hospital’s payment to cost ratio for 1996 as if the distinguished senior Senator from the amendments to this title by the provi- Massachusetts for their commitment TITLE VI—PHYSICIANS’ SERVICES sions of section 4521 of the Balanced Budget to access to health care, to education, Sec. 601. Technical amendment to update Act of 1997 were in effect in 1996. and to the array of issues they have adjustment factor and physi- ‘‘(iii) TRANSITION YEARS.—The Secretary raised throughout the work we have cian sustainable growth rate. shall estimate each payment to cost ratio of done on this bill to this date. Sec. 602. Publication of estimate of conver- a hospital for any transition year before the sion factor and MedPAC review. beginning of such year. Mr. President, I now yield the floor TITLE VII—HOME HEALTH ‘‘(C) INTERIM PAYMENTS.— and again thank Senator KENNEDY and Sec. 701. Delay in the 15 percent reduction in ‘‘(i) IN GENERAL.—The Secretary shall others for their efforts on the floor this payments under the PPS for make interim payments to a hospital during morning. home health services. any transition year for which the Secretary I ask unanimous consent that the bill Sec. 702. Increase in per visit limit. estimates a payment is required under sub- Sec. 703. Treatment of Outliers. paragraph (A). be printed in the RECORD. Sec. 704. Elimination of 15-minute billing re- ‘‘(ii) ADJUSTMENTS.—If the Secretary There being no objection, the bill was quirement. makes payments under clause (i) for any ordered to be printed in the RECORD. Sec. 705. Recoupment of overpayments. transition year, the Secretary shall make Sec. 706. Refinement of home health agency retrospective adjustments to each hospital S. 1678 consolidated billing. based on its settled cost report so that the Be it enacted by the Senate and House of Rep- TITLE VIII—MEDICARE+CHOICE amount of any additional payment to a hos- resentatives of the United States of America in Sec. 801. Delay in ACR deadline under the pital for such year equals the amount de- Congress assembled, Medicare+Choice program. scribed in subparagraph (A).

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‘‘(D) DEFINITIONS.—In this paragraph: SEC. 102. LIMITATION IN REDUCTION OF PAY- TITLE II—GRADUATE MEDICAL ‘‘(i) APPLICABLE PERCENTAGE.—The term MENTS TO DISPROPORTIONATE EDUCATION SHARE HOSPITALS. ‘applicable percentage’ means, with respect SEC. 201. REVISION OF MULTIYEAR REDUCTION (a) IN GENERAL.—Section 1886(d)(5)(F)(ix) to covered OPD services furnished during— OF INDIRECT GRADUATE MEDICAL ‘‘(I) the first full year (and any portion of (42 U.S.C. 1395ww(d)(5)(F)(ix)) is amended— EDUCATION PAYMENTS. the immediately preceding year) for which (1) in subclause (II)— (a) IN GENERAL.—Section 1886(d)(5)(B)(ii) the prospective payment system under this (A) by striking ‘‘fiscal year 1999,’’ and in- (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended by subsection is in effect, 95 percent; serting ‘‘each of fiscal years 1999, 2000, 2001, striking subclauses (III), (IV), and (V) and in- ‘‘(II) the second full calendar year for and 2002,’’; and serting the following: which such system is in effect, 90 percent; (B) by inserting ‘‘and’’ after the semicolon; ‘‘(III) during each of fiscal years 1999, 2000, and (2) by striking subclauses (III), (IV), and and 2001, ‘c’ is equal to 1.6; and ‘‘(III) the third full calendar year for which (V); and ‘‘(IV) on or after October 1, 2001, ‘c’ is equal such system is in effect, 85 percent. (3) by redesignating subclause (VI) as sub- to 1.35.’’. ‘‘(ii) COST-SHARING.—The term ‘cost-shar- clause (III). (b) EFFECTIVE DATE.—The amendments ing’ includes— (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if ‘‘(I) copayment amounts described in para- made by subsection (a) shall take effect as if included in section 4621 of the Balanced graph (5); included in the amendments made by section Budget Act of 1997 (Public Law 105–33; 111 ‘‘(II) coinsurance described in section 4403 of the Balanced Budget Act of 1997 (Pub- Stat. 475). lic Law 105–33; 111 Stat. 398). 1866(a)(2)(A)(ii); and SEC. 202. ACCELERATION OF GME PHASE-IN. SEC. 103. CHANGES TO DSH ALLOTMENTS AND ‘‘(III) the deductible described under sec- CCELERATION OF AYMENT TO OS TRANSITION RULE. (a) A P H - tion 1833(b). PITALS OF INDIRECT AND DIRECT MEDICAL (a) CHANGE IN DISPROPORTIONATE SHARE ‘‘(iii) TRANSITION YEAR.—The term ‘transi- HOSPITAL ALLOTMENTS.—Section 1923(f)(2) (42 EDUCATION COSTS FOR MEDICARE+CHOICE EN- tion year’ means any year (or portion there- ROLLEES.— of) described in clause (i). U.S.C. 1396r–4(f)(2)) is amended, in the table contained in such section and in the DSH Al- (1) IN GENERAL.—Section 1886(h)(3)(D)(ii) (42 ‘‘(E) EFFECT ON COPAYMENTS.—Nothing in U.S.C. 1395ww(h)(3)(D)(ii)) is amended by this paragraph shall be construed as affect- lotments for fiscal years 2000, 2001, and 2002— (1) for Minnesota, by striking ‘‘16’’ and in- striking subclauses (IV) and (V) and inserting the unadjusted copayment amount de- ing the following: scribed in paragraph (3)(B). serting ‘‘33’’; (2) for New Mexico, by striking ‘‘5’’ and in- ‘‘(IV) 100 percent in 2001 and subsequent ‘‘(F) APPLICATION WITHOUT REGARD TO serting ‘‘9’’; and years.’’. BUDGET NEUTRALITY.—The transitional pay- (3) for Wyoming, by striking ‘‘0’’ and in- (2) ACCELERATION OF CARVE-OUT.—Section ments made under this paragraph— 1853(c)(3)(B)(ii) (42 U.S.C. 1395w– ‘‘(i) shall not be considered an adjustment serting ‘‘0.1’’. (b) MAKING MEDICAID DSH TRANSITION 23(c)(3)(B)(ii)) is amended— under paragraph (2)(E); and RULE PERMANENT.—Section 4721(e) of the (A) in subclause (III), by inserting ‘‘and’’ at ‘‘(ii) shall not be implemented in a budget Balanced Budget Act of 1997 is amended— the end; neutral manner.’’. (1) in the matter before paragraph (1), by (B) by striking subclause (IV); and (b) SPECIAL RULE FOR RURAL AND CANCER striking ‘‘1923(g)(2)(A)’’ and ‘‘1396r–4(g)(2)(A)’’ (C) by redesignating subclause (V) as sub- HOSPITALS.—Section 1833(t) (42 U.S.C. clause (IV). 1395(t)), as amended by subsection (a), is and inserting ‘‘1923(g)(2)’’ and ‘‘1396r–4(g)(2)’’, (b) EFFECTIVE DATE.—The amendments amended by adding at the end the following: respectively; made by subsection (a) shall take effect as if ‘‘(11) SPECIAL RULE FOR RURAL AND CANCER (2) in paragraphs (1) and (2)— included in the enactment of the Balanced HOSPITALS.— (A) by striking ‘‘, and before July 1, 1999’’; Budget Act of 1997 (Public Law 105–33; 111 ‘‘(A) IN GENERAL.—For each year (or por- and Stat. 251). tion thereof), beginning in 2000, in the case of (B) by striking ‘‘in such section’’ and in- covered OPD services furnished by a medi- serting ‘‘in subparagraph (A) of such sec- SEC. 203. EXCLUSION OF NURSING AND ALLIED HEALTH EDUCATION COSTS IN CAL- care-dependent, small rural hospital (as de- tion’’; and (3) by striking ‘‘and’’ at the end of para- CULATING MEDICARE+CHOICE PAY- fined in section 1886(d)(5)(G)(iv)), a sole com- MENT RATE. graph (1), by striking the period at the end of munity hospital (as defined in section (a) EXCLUDING COSTS IN CALCULATING PAY- paragraph (2) and inserting ‘‘; and’’, and by 1886(d)(5)(D)(iii)), or in a hospital described MENT RATE.— adding at the end the following: in section 1886(d)(1)(B)(v), the Secretary (1) IN GENERAL.—Section 1853(c)(3)(C)(i) (42 ‘‘(3) effective for State fiscal years that shall increase the payments for such services U.S.C. 1395w–23(c)(3)(C)(i)) is amended— begin on or after July 1, 1999, ‘or (b)(1)(B)’ under the prospective payment system estab- (A) in subclause (I), by striking ‘‘and’’ at were inserted in 1923(g)(2)(B)(ii)(I) after lished under this subsection by the amount the end; ‘(b)(1)(A)’.’’. (if any) that the Secretary determines is nec- (B) in subclause (II), by striking the period (c) EFFECTIVE DATE.—The amendments essary to ensure that the payment to cost made by this section shall take effect as if at the end and inserting ‘‘, and’’; and ratio of the hospital (as determined pursuant included in the enactment of the Balanced (C) by adding at the end the following: to paragraph (10)(B)) for the year equals the Budget Act of 1997 (Public Law 105–33; 111 ‘‘(III) for costs attributable to approved payment to cost ratio of the hospital for 1996 Stat. 251). nursing and allied health education pro- (as calculated under clause (ii) of such para- SEC. 104. REVISION OF CRITERIA FOR DESIGNA- grams under section 1861(v).’’. graph). TION AS A CRITICAL ACCESS HOS- (2) EFFECTIVE DATE.—The amendments ‘‘(B) INTERIM PAYMENTS.— PITAL. made by paragraph (1) shall apply in deter- ‘‘(i) IN GENERAL.—The Secretary shall (a) CRITERIA FOR DESIGNATION.—Section mining the annual per capita rate of pay- make interim payments to a hospital during 1820(c)(2)(B)(iii) (42 U.S.C. 1395i–4(c)(2)(B)(iii)) ment for years beginning with 2001. any year for which the Secretary estimates a is amended by striking ‘‘to exceed 96 hours’’ (b) PAYMENT TO HOSPITALS OF NURSING AND payment is required under subparagraph (A). and all that follows before the semicolon and ALLIED HEALTH EDUCATION PROGRAM COSTS ‘‘(ii) ADJUSTMENTS.—If the Secretary inserting ‘‘to exceed, on average, 96 hours FOR MEDICARE+CHOICE ENROLLEES.—Section makes payments under clause (i) for any per patient’’. 1861(v)(1) (42 U.S.C. 1395x(v)(1)) is amended by year, the Secretary shall make retrospective (b) EFFECTIVE DATE.—The amendment adding at the end the following: adjustments to each hospital based on its made by subsection (a) shall take effect 60 ‘‘(V)(i) In determining the amount of pay- settled cost report so that the amount of any days after the date of enactment of this Act. ment to a hospital for portions of cost re- additional payment to a hospital for such SEC. 105. SOLE COMMUNITY HOSPITALS AND porting periods occurring on or after Janu- year equals the amount described in subpara- MEDICARE DEPENDENT HOSPITALS. ary 1, 2001, with respect to the reasonable graph (A). (a) IN GENERAL.—Section 1886(b)(3)(B)(iv) costs for approved nursing and allied health ‘‘(C) EFFECT ON COPAYMENTS.—Nothing in (42 U.S.C. 1395ww(b)(3)(B)(iv)) is amended— education programs, individuals who are en- this paragraph shall be construed as affect- (1) in subclause (III), by striking ‘‘and’’ at rolled with a Medicare+Choice organization ing the unadjusted copayment amount de- the end; under part C shall be treated as if they were scribed in paragraph (3)(B). (2) in subclause (IV)— not so enrolled. ‘‘(D) APPLICATION WITHOUT REGARD TO (A) by striking ‘‘fiscal year 1996 and each ‘‘(ii) The Secretary shall establish rules for BUDGET NEUTRALITY.—The payments made subsequent fiscal year’’ and inserting ‘‘fiscal applying clause (i) to a hospital reimbursed under this paragraph— years 1996 through 1999’’; and under a reimbursement system authorized ‘‘(i) shall not be considered an adjustment (B) by striking the period at the end and under section 1814(b)(3) in the same manner under paragraph (2)(E); and inserting ‘‘, and’’; and as it would apply to the hospital if it were ‘‘(ii) shall not be implemented in a budget (3) by adding at the end the following: not reimbursed under such section.’’. neutral manner.’’. ‘‘(V) for fiscal year 2000 and each subse- SEC. 204. ADJUSTMENTS TO LIMITATIONS ON (c) EFFECTIVE DATE.—The amendments quent fiscal year, the market basket per- NUMBER OF INTERNS AND RESI- made by this section shall take effect as if centage increase.’’. DENTS. included in the amendments made by section (b) EFFECTIVE DATE.—The amendments (a) INDIRECT GRADUATE MEDICAL EDUCATION 4523 of the Balanced Budget Act of 1997 (Pub- made by subsection (a) shall take effect on ADJUSTMENT.—Section 1886(d)(5)(B)(v) (42 lic Law 105–33; 111 Stat. 445). the date of enactment of this Act. U.S.C. 1395ww(d)(5)(B)(v)) is amended—

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11764 CONGRESSIONAL RECORD — SENATE October 1, 1999 (1) by striking ‘‘(v) In determining’’ and in- April 1, 2000, and before the earlier of Octo- HCPCS code in Program Memorandum serting ‘‘(v)(I) Subject to subclause (II), in ber 1, 2001, or the date described in sub- Transmittal No. A–98–37 issued in November determining’’; section (d), the Secretary of Health and 1998 (but without regard to the setting in (2) by striking ‘‘in the hospital with re- Human Services shall increase the adjusted which such services are furnished),’’ after spect to the hospital’s most recent cost re- Federal per diem rate otherwise determined ‘‘subparagraphs (F) and (O) of section porting period ending on or before December under paragraph (4) of such section for serv- 1861(s)(2),’’; and 31, 1996’’ and inserting ‘‘who were appointed ices provided to any individual during the (2) by inserting after the second sentence by the hospital’s approved medical residency period in which such individual is in a RUG the following: ‘‘In addition to the services training programs for the hospital’s most re- III category by the applicable payment add- described in the previous sentences, services cent cost reporting period ending on or be- on as determined in accordance with the fol- described in this clause include chemo- fore December 31, 1996’’; and lowing table: therapy items (identified as of July 1, 1999, (3) by adding at the end the following: RUG III category Applicable by HCPCS codes J9000–J9020, J9040–J9151, ‘‘(II) Beginning on or after January 1, 1997, payment add-on J9170–J9185, J9200–J9201, J9206–J9208, J9211, in the case of a hospital that sponsors only RUB ...... $23.06 J9230–J9245, and J9265–J9600), chemotherapy 1 allopathic or osteopathic residency pro- RVC ...... $76.25 administration services (identified as of July gram, the limit determined for such hospital RVB ...... $30.36 1, 1999, by HCPCS codes 36260–36262, 36489, under subclause (I) may, at the hospital’s RHC ...... $54.07 36530–36535, 36640, 36823, and 96405–96542), radi- discretion, be increased by 1 for each cal- RHB ...... $27.28 oisotope services (identified as of July 1, endar year but shall not exceed a total of 3 RMC ...... $69.98 1999, by HCPCS codes 79030–79440), and cus- more than the limit determined for the hos- RMB ...... $30.09 tomized prosthetic devices (identified as of pital under subclause (I).’’. SE3 ...... $98.41 July 1, 1999, by HCPCS codes L5050–L5340, (b) DIRECT GRADUATE MEDICAL EDUCATION SE2 ...... $89.05 L5500–L5610, L5613–L5986, L5988, L6050–L6370, ADJUSTMENT.— SSC ...... $46.80 L6400–L6880, L6920–L7274, and L7362–L7366).’’. (1) LIMITATION ON NUMBER OF RESIDENTS.— SSB ...... $55.56 (b) EFFECTIVE DATE.—The amendments Section 1886(h)(4)(F) (42 U.S.C. SSA ...... $59.94. made by this section shall apply to services 1395ww(h)(4)(F)) is amended by inserting furnished on or after the date which is 60 (b) UPDATE.—The Secretary shall update ‘‘who were appointed by the hospital’s ap- days after the date of enactment of this Act. proved medical residency training pro- the applicable payment add-on under subsection (a) for fiscal year 2001 by the skilled SEC. 404. EXCLUSION OF SWING BEDS IN CRIT- grams’’ after ‘‘may not exceed the number of ICAL ACCESS HOSPITALS FROM THE such full-time equivalent residents’’. nursing facility market basket percentage PPS FOR SNFs. change (as defined under section 1888(e)(5)(B) (2) FUNDING FOR PROGRAMS.—Section (a) IN GENERAL.—Section 1888(e)(7) of the of the Social Security Act (42 U.S.C. 1886(h)(4)(H)(i) (42 U.S.C. 1395ww(h)(4)(H)(i)) Social Security Act (42 U.S.C. 1395yy(e)(7)) is 1395yy(e)(5)(B))) applicable to such fiscal is amended in the second sentence, by insert- amended— year. ing ‘‘, including facilities that are not lo- (1) in the heading, by striking ‘‘TRANSI- (c) RULE OF CONSTRUCTION.—Nothing in cated in an underserved rural area but have TION’’ and inserting ‘‘SPECIAL RULES’’; this section shall be construed as permitting established separately accredited rural (2) in subparagraph (A), by striking ‘‘IN the Secretary of Health and Human Services training tracks’’ before the period. GENERAL.—The’’ and inserting ‘‘TRANSI- to include any applicable payment add-on (c) GME PAYMENTS FOR CERTAIN INTERNS TION.—Except as provided in subparagraph determined under subsection (a) in updating AND RESIDENTS.— (C), the’’; and the Federal per diem rate under section (1) INDIRECT AND DIRECT MEDICAL EDU- (3) by adding at the end the following: 1888(e)(4) of the Social Security Act (42 CATION.—Each limitation regarding the num- ‘‘(C) EXEMPTION OF SWING BEDS IN CRITICAL U.S.C. 1395yy(e)(4)). ber of residents or interns for which payment ACCESS HOSPITALS FROM PPS.—The prospec- (d) DATE DESCRIBED.—The date described in may be made under section 1886 of the Social tive payment system under this subsection this subsection is the date that the Sec- Security Act (42 U.S.C. 1395ww) is increased shall not apply (and section 1834(g) shall retary of Health and Human Services— by the number of applicable residents (as de- apply) to services provided by a critical ac- (1) refines the case mix classification sys- fined in paragraph (2)). cess hospital under an agreement described tem under section 1888(e)(4)(G)(i) of the So- (2) APPLICABLE RESIDENT DEFINED.—In this in subparagraph (B).’’. cial Security Act (42 U.S.C. 1395yy(e)(4)(G)(i)) subsection, the term ‘‘applicable resident’’ (b) EFFECTIVE DATE.—The amendments to better account for medically complex pa- means a resident or intern that— made by this section shall apply to services tients; and (A) participated in graduate medical edu- provided on or after October 1, 1999. (2) implements such refined system. cation at a facility of the Department of TITLE V—OUTPATIENT REHABILITATION SEC. 402. EXCLUSION OF CLINICAL SOCIAL Veterans Affairs; SERVICES (B) was subsequently transferred on or WORKER SERVICES AND SERVICES after January 1, 1997, and before July 31, 1998, PERFORMED UNDER A CONTRACT SEC. 501. MODIFICATION OF FINANCIAL LIMITA- WITH A RURAL HEALTH CLINIC OR to a hospital and the hospital was not a De- TION ON REHABILITATION SERV- FEDERALLY QUALIFIED HEALTH ICES. partment of Veterans Affairs facility; and CENTER FROM THE PPS FOR SNFs. (a) 3-YEAR REPEAL.—Section 1833(g) (42 (C) was transferred because the approved (a) IN GENERAL.—Section 1888(e)(2)(A)(ii) U.S.C. 1395l(g)) is amended by adding at the medical residency program in which the resi- (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended— end the following: dent or intern participated would lose ac- (1) in the first sentence, by inserting ‘‘clin- ‘‘(4) Subject to paragraph (6), the provi- creditation by the Accreditation Council on ical social worker services,’’ after ‘‘qualified sions of paragraphs (1) through (3) shall not Graduate Medical Education if such program psychologist services,’’; and apply to outpatient physical therapy serv- continued to train residents at the Depart- (2) by inserting after the first sentence the ices, outpatient occupational therapy serv- ment of Veterans Affairs facility. following: ‘‘Services described in this clause ices, and outpatient speech-language pathol- (d) EFFECTIVE DATE.—This section shall also include services that are provided by a ogy services covered under this title and fur- take effect as if included in the enactment of physician, a physician assistant, a nurse nished on or after January 1, 2000. the Balanced Budget Act of 1997 (Public Law practitioner, a qualified psychologist, or a ‘‘(5)(A) Notwithstanding the preceding pro- 105–33; 111 Stat. 251). clinical social worker who is employed, or visions of this subsection and subject to sub- TITLE III—HOSPICE CARE otherwise under contract, with a rural paragraph (B), with respect to services de- SEC. 301. INCREASE IN PAYMENTS FOR HOSPICE health clinic or a Federally qualified health scribed in paragraph (4) that are furnished on CARE. center.’’. or after January 1, 2003, the Secretary shall (a) IN GENERAL.—Section (b) CONFORMING AMENDMENT.—Section implement, by not later than January 1, 2003, 1814(i)(1)(C)(ii)(VI) (42 U.S.C. 1861(hh)(2) (42 U.S.C. 1395x(hh)(2)) is amended a payment system for such services that 1395f(i)(1)(C)(ii)(VI)) is amended by striking by striking ‘‘and other than services fur- takes into account the needs of beneficiaries ‘‘through 2002’’ and inserting ‘‘and 1999’’. nished to an inpatient of a skilled nursing fa- under this title for differing amounts of ther- (b) EFFECTIVE DATE.—The amendments cility which the facility is required to pro- apy based on factors such as diagnosis, func- made by this section shall take effect as if vide as a requirement for participation’’. tional status, and prior use of services. included in the amendments made by section (c) EFFECTIVE DATE.—The amendments ‘‘(B) The payment system established 4441 of the Balanced Budget Act of 1997 (Pub- made by this section shall apply to services under subparagraph (A) shall be designed so lic Law 105–33; 111 Stat. 422). provided on or after the date which is 60 days that the system shall not result in any in- TITLE IV—SKILLED NURSING FACILITIES after the date of enactment of this Act. crease or decrease in the expenditures under SEC. 401. MODIFICATION OF CASE MIX CAT- SEC. 403. EXCLUSION OF CERTAIN SERVICES this title on a fiscal year basis, determined EGORIES FOR CERTAIN CONDI- FROM THE PPS FOR SNFs. as if paragraph (4) had not been enacted. TIONS. (a) IN GENERAL.—Section 1888(e)(2)(A)(ii) ‘‘(6) If the Secretary for any reason does (a) IN GENERAL.—For purposes of applying (42 U.S.C. 1395yy(e)(2)(A)(ii)), as amended by not implement the payment system de- any formula under paragraph (1) of section section 402, is amended— scribed in paragraph (5) on or before January 1888(e) of the Social Security Act (42 U.S.C. (1) in the first sentence, by inserting ‘‘am- 1, 2003, paragraph (4) shall not apply with re- 1395yy(e)), for services provided on or after bulance services, services identified by spect to services described in such paragraph

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11765 that are furnished on or after such date and (C) by amending subparagraph (D) to read the Balanced Budget Act of 1997 (Public Law before the date on which the Secretary im- as follows: 105–33; 111 Stat. 251). plements such payment system.’’. ‘‘(D) RESTRICTION ON UPDATE ADJUSTMENT (2) NO EFFECT ON UPDATES FOR 1998 AND (b) EFFECTIVE DATE.—The amendment FACTOR.—The update adjustment factor de- 1999.—The amendments made by this section made by this section shall take effect as if termined under subparagraph (B) for a year shall have no effect on the updates estab- included in the enactment of the Balanced may not be less than negative 0.07 or greater lished by the Secretary for 1998 and 1999, and Budget Act of 1997 (Public Law 105–33; 111 than 0.03.’’. such established updates may not be Stat. 251). (3) SPECIAL PROVISIONS.—Section 1848(d)(3) changed. TITLE VI—PHYSICIANS’ SERVICES (42 U.S.C. 1395w–4(d)(3)) is amended— SEC. 602. PUBLICATION OF ESTIMATE OF CON- (A) in subparagraph (A), in the matter pre- VERSION FACTOR AND MEDPAC RE- SEC. 601. TECHNICAL AMENDMENT TO UPDATE VIEW. ADJUSTMENT FACTOR AND PHYSI- ceding clause (i), by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraphs (D) and (a) PUBLICATION.—Not later than April 15 of CIAN SUSTAINABLE GROWTH RATE. each year (beginning in 2000), the Secretary (a) UPDATE ADJUSTMENT FACTOR.— (E)’’; and (B) by adding at the end the following: of Health and Human Services (in this sec- (1) CHANGE TO CALENDAR YEAR BASIS.—Sec- tion referred to as the ‘‘Secretary’’) shall ‘‘(E) SPECIAL UPDATE AND ADJUSTMENTS.— tion 1848(d) (42 U.S.C. 1395w–4(d)) is amend- publish in the Federal Register— ‘‘(i) YEAR 2000.—For the year 2000, the up- ed— (1) an estimate of the single conversion (A) in paragraph (1), by striking subpara- date under this paragraph shall be the percentage that the Secretary estimates will, factor to be used in the next calendar year graph (E) and inserting the following: for reimbursement of physicians services without regard to any otherwise applicable ‘‘(E) PUBLICATION.—The Secretary shall under section 1848 of the Social Security Act restriction, result in expenditures equal to publish in the Federal Register— (42 U.S.C. 1395w–4); and the expenditures that would have occurred in ‘‘(i) not later than November 1 of each year (2) the data on which such estimate is that year in the absence of the amendments (beginning with 1999), the conversion factor based. made by section 601 of the Medicare Bene- that will apply to physicians’ services for the (b) MEDPAC REVIEW AND REPORT.— ficiary Access to Care Act of 1999. succeeding year and the update determined (1) REVIEW.—The Medicare Payment Advi- under paragraph (3) for such year; and ‘‘(ii) YEARS 2001–2006.—For each of the years sory Commission (in this section referred to ‘‘(ii) not later than November 1 of 1999— 2001 through 2006, the Secretary shall make as ‘‘MedPAC’’) shall annually review the es- ‘‘(I) the special update for the year 2000 that adjustment to the update for that year timates and data published by the Secretary under paragraph (3)(E)(i); and which the Secretary estimates will, without pursuant to subsection (a). ‘‘(II) the estimated special adjustments for regard to any otherwise applicable restric- (2) REPORT.—Not later than June 30 of each years 2001 through 2006 under paragraph tion, result in expenditures equal to the ex- year (beginning in 2000), MedPAC shall sub- (3)(E)(ii).’’; and penditures that would have occurred for that mit a report to the Secretary and to the (B) in paragraph (3)(C)— year in the absence of the amendments made committees of jurisdiction in Congress on (i) in the matter preceding clause (i), by by section 601 of the Medicare Beneficiary the review conducted pursuant to paragraph striking ‘‘the 12-month period ending with Access to Care Act of 1999.’’. (1), together with any recommendations as March 31 of’’; (b) SUSTAINABLE GROWTH RATE.—Section determined appropriate by MedPAC. 1848(f) (42 U.S.C. 1395w–4(f)) is amended— (ii) in clause (i)— TITLE VII—HOME HEALTH (I) by striking ‘‘1997’’ and inserting ‘‘1996,’’; (1) by striking paragraph (1) and inserting the following: SEC. 701. DELAY IN THE 15 PERCENT REDUCTION and IN PAYMENTS UNDER THE PPS FOR (II) by striking ‘‘such 12-month period’’ ‘‘(1) PUBLICATION.—Not later than Novem- HOME HEALTH SERVICES. and inserting ‘‘1996’’; and ber 1 of each year (beginning with 1999), the (a) CONTINGENCY REDUCTION.—Section (iii) in clause (ii)— Secretary shall publish in the Federal Reg- 4603(e) of the Balanced Budget Act of 1997 (42 (I) by inserting a comma after ‘‘subsequent ister the sustainable growth rate as deter- U.S.C. 1395fff note), as amended by section year’’; and mined under this subsection for the suc- 5101(c)(3) of the Tax and Trade Relief Exten- (II) by striking ‘‘fiscal year which begins ceeding year, the current year, and each of sion Act of 1998 (contained in division J of during such 12-month period’’ and inserting the preceding 2 years.’’; and Public Law 105–277), is amended by striking ‘‘year involved’’. (2) in paragraph (2)— ‘‘September 30, 2000’’ and inserting ‘‘Sep- (2) FORMULA FOR DETERMINING THE UPDATE (A) by striking ‘‘fiscal’’ each place it ap- tember 30, 2002’’. ADJUSTMENT FACTOR.—Section 1848(d)(3) (42 pears; and (b) PROSPECTIVE PAYMENT SYSTEM.—Sec- U.S.C. 1395w–4(d)(3)) is amended— (B) in the matter preceding subparagraph tion 1895(b)(3)(A) (42 U.S.C. 1395fff(b)(3)(A)), (A) in subparagraph (A)— (A), by striking ‘‘year 1998’’ and inserting as amended by section 5101 of the Tax and (i) in clause (ii), by striking ‘‘(divided by ‘‘1997’’. Trade Relief Extension Act of 1998 (contained 100),’’ and inserting a period; and (c) DATA TO BE USED IN DETERMINING THE in division J of Public Law 105–277), is (ii) by striking the matter following clause SUSTAINABLE GROWTH RATE.—Section 1848(f) amended by striking clause (i) and inserting (ii); (42 U.S.C. 1395w–4(f)) is amended— the following: (B) in subparagraph (B)— (1) by redesignating paragraph (3) as para- ‘‘(i) IN GENERAL.—Under such system the (i) in the matter preceding clause (i), by in- graph (4); and Secretary shall provide for computation of a serting ‘‘the sum of’’ after ‘‘Secretary) to’’; (2) by inserting after paragraph (2) the fol- standard prospective payment amount (or and lowing: amounts). Such amount (or amounts) shall (ii) by striking clauses (i) and (ii) and in- ‘‘(3) METHODOLOGY.—For purposes of deter- initially be based on the most current au- serting the following: mining the update adjustment factor under dited cost report data available to the Sec- ‘‘(i) the figure arrived at by— subsection (d)(3)(B) and the allowed expendi- retary and shall be computed in a manner so ‘‘(I) determining the difference between tures under subsection (d)(3)(C) for a year, that the total amounts payable under the the allowed expenditures for physicians’ the sustainable growth rate for each year system— services for the prior year (as determined taken into consideration in the determina- ‘‘(I) for fiscal year 2001, shall be equal to under subparagraph (C)) and the actual ex- tion under paragraph (2) shall be determined the total amount that would have been made penditures for such services for that year; as follows: if the system had not been in effect; ‘‘(II) dividing that difference by the actual ‘‘(A) For purposes of such calculations for ‘‘(II) for fiscal year 2002, shall be equal to expenditures for such services in that year; the year 2000, the sustainable growth rate the amount determined under subclause (I), and shall be determined on the basis of the best updated under subparagraph (B); and ‘‘(III) multiplying that quotient by 0.75; data available to the Secretary as of Sep- ‘‘(III) for fiscal year 2003, shall be equal to and tember 1, 1999. the total amount that would have been made ‘‘(ii) the figure arrived at by— ‘‘(B) For purposes of such calculations for for fiscal year 2001 if the system had not ‘‘(I) determining the difference between each year after the year 2000— been in effect but if the reduction in limits the allowed expenditures for physicians’ ‘‘(i) the sustainable growth rate for such described in clause (ii) had been in effect, services (as determined under subparagraph year and each of the 2 preceding years shall and updated under subparagraph (B) for fis- (C)) from 1996 through the prior year and the be determined on the basis of the best data cal years 2001 and 2002. actual expenditures for such services during available to the Secretary as of September 1 Each such amount shall be standardized in a that period, corrected with the best available of such year; and manner that eliminates the effect of vari- data; ‘‘(ii) the sustainable growth rate for each ations in relative case mix and wage levels ‘‘(II) dividing that difference by actual ex- year preceding the years specified in clause among different home health agencies in a penditures for such services for the prior (i) shall be the rate used for such year in budget neutral manner consistent with the year as increased by the sustainable growth such calculation for the immediately pre- case mix and wage level adjustments pro- rate under subsection (f) for the year whose ceding year.’’. vided under paragraph (4)(A). Under the sys- update adjustment factor is to be deter- (d) EFFECTIVE DATE.— tem, the Secretary may recognize regional mined; and (1) IN GENERAL.—Subject to paragraph (2), differences or differences based upon whether ‘‘(III) multiplying that quotient by 0.33.’’; the amendments made by this section shall or not the services or agency are in an ur- and take effect as if included in the enactment of banized area.’’.

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SEC. 702. INCREASE IN PER VISIT LIMIT. (b) EFFECTIVE DATE.—The amendment SEC. 803. ENROLLMENT OF MEDICARE BENE- (a) INTERIM PAYMENT SYSTEM.—Section made by subsection (a) shall apply to claims FICIARIES IN ALTERNATIVE 1861(v)(1)(L)(i) (42 U.S.C. 1395x(v)(1)(L)(i)), as submitted on or after the date which is 60 MEDICARE+CHOICE PLANS AND amended by section 701(b), is amended— days after the date of enactment of this sec- MEDIGAP COVERAGE IN CASE OF IN- VOLUNTARY TERMINATION OF (1) in subclause (IV), by striking ‘‘or’’; tion. MEDICARE+CHOICE ENROLLMENT. (2) in subclause (V)— SEC. 705. RECOUPMENT OF OVERPAYMENTS. (a) PERMITTING ENROLLMENT IN ALTER- (A) by inserting ‘‘and before October 1, (a) 36-MONTH REPAYMENT PERIOD.—In the 1999,’’ after ‘‘October 1, 1998,’’; and case of an overpayment by the Secretary of NATIVE PLANS UPON RECEIPT OF NOTICE OF (B) by striking the period and inserting ‘‘, Health and Human Services to a home health MEDICARE+CHOICE PLAN TERMINATION.— or’’; and agency for home health services furnished (1) MEDICARE+CHOICE PLANS.—Section (3) by adding at the end the following: during a cost reporting period beginning on 1851(e)(4) (42 U.S.C. 1395w–21(e)(4)) is amended ‘‘(VI) October 1, 1999, 112 percent of such or after October 1, 1997, as a result of pay- by striking subparagraph (A) and inserting median.’’. ment limitations provided for under clause the following: (b) ENSURING THE INCREASE IN PER VISIT (v), (vi), or (viii) of section 1861(v)(1)(L) of ‘‘(A)(i) the certification of the organization LIMIT HAS NO EFFECT ON THE PROSPECTIVE the Social Security Act (42 U.S.C. or plan under this part has been terminated, PAYMENT SYSTEM.—The second sentence of 1395x(v)(1)(L)), the home health agency may or the organization or plan has notified the section 1895(b)(3)(A)(i) (42 U.S.C. elect to repay the amount of such overpay- individual of an impending termination of 1395fff(b)(3)(A)(i)), as amended by section ment ratably over a 36-month period begin- such certification; or 5101(c)(1)(B) of the Tax and Trade Relief Ex- ning on the date of notification of such over- ‘‘(ii) the organization has terminated or tension Act of 1998 (contained in division J of payment. otherwise discontinued providing the plan in Public Law 105–277) and section 701(b), is (b) NO INTEREST ON OVERPAYMENT the area in which the individual resides, or amended— AMOUNTS.—In the case of an agency that has notified the individual of an impending (1) in subclause (I), by inserting ‘‘but if the makes an election under subsection (a), no termination or discontinuation of such reference in section 1861(v)(1)(L)(i)(VI) to 112 interest shall accrue on the outstanding bal- plan;’’. percent were a reference to 106 percent’’ ance of the amount of overpayment during (2) MEDIGAP PLANS.— after ‘‘if the system had not been in effect’’; such 36-month period. (A) IN GENERAL.—Section 1882(s)(3)(A) (42 and (c) TERMINATION.—No election under sub- U.S.C. 1395ss(s)(3)(A)) is amended in the mat- (2) in subclause (III), by inserting ‘‘and if section (a) may be made for cost reporting ter following clause (iii)— the reference in section 1861(v)(1)(L)(i)(VI) to periods, or portions of cost reporting periods, (i) by inserting ‘‘(92 days in the case of a 112 percent were a reference to 106 percent’’ beginning on or after the date of the imple- termination or discontinuation of coverage after ‘‘clause (ii) had been in effect’’. mentation of the prospective payment sys- under the types of circumstances described SEC. 703. TREATMENT OF OUTLIERS. tem for home health services under section in section 1851(e)(4)(A))’’ after ‘‘63 days’’; (ii) by inserting ‘‘(or, if elected by the indi- (a) WAIVER OF PER BENEFICIARY LIMITS FOR 1895 of the Social Security Act (42 U.S.C. vidual, the date of notification of the indi- OUTLIERS.—Section 1861(v)(1)(L) (42 U.S.C. 1395fff). 1395x(v)(1)(L)), as amended by section 5101 of (d) EFFECTIVE DATE.—The provisions of vidual by the plan or organization of the im- the Tax and Trade Relief Extension Act of subsection (a) shall apply to debts that are pending termination or discontinuance of 1998 (contained in division J of Public Law outstanding as of the date of enactment of the plan in the area in which the individual 105–277), is amended— this Act. resides)’’ after ‘‘the date of the termination (1) by redesignating clause (ix) as clause SEC. 706. REFINEMENT OF HOME HEALTH AGEN- of enrollment described in such subpara- (x); and CY CONSOLIDATED BILLING. graph’’; and (2) by inserting after clause (viii) the fol- (a) IN GENERAL.—Section 1842(b)(6)(F) (42 (iii) by inserting ‘‘(or date of such notifica- lowing: U.S.C. 1395u(b)(6)(F)) is amended by inserting tion)’’ after ‘‘the date of termination or ‘‘(ix)(I) Notwithstanding the applicable per ‘‘(including medical supplies described in disenrollment’’. beneficiary limit under clause (v), (vi), or section 1861(m)(5), but excluding durable (B) EFFECTIVE DATE.—The amendments (viii), but subject to the applicable per visit medical equipment described in such sec- made by this paragraph shall apply to no- limit under clause (i), in the case of a pro- tion)’’ after ‘‘home health services’’. tices of intended termination made by group vider that demonstrates to the Secretary (b) CONFORMING AMENDMENT.—Section health plans and Medicare+Choice organiza- that with respect to an individual to whom 1862(a)(21) (42 U.S.C. 1395y(a)(21)) is amended tions after the date of enactment of this Act. the provider furnished home health services by inserting ‘‘(including medical supplies de- (b) GUARANTEED ACCESS FOR CERTAIN MEDI- appropriate to the individual’s condition (as scribed in section 1861(m)(5), but excluding CARE BENEFICIARIES TO MEDIGAP POLICIES IN determined by the Secretary) at a reasonable durable medical equipment described in such CASE OF INVOLUNTARY TERMINATION OF COV- cost (as determined by the Secretary), and section)’’ after ‘‘home health services’’. ERAGE UNDER A MEDICARE+CHOICE PLAN.— that such reasonable cost significantly ex- (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Section 1882(s)(3)(C)(iii) ceeded such applicable per beneficiary limit made by this section shall take effect as if (42 U.S.C. 1395ss(s)(3)(C)(iii)) is amended by because of unusual variations in the type or included in the amendments made by section inserting ‘‘or an individual described in amount of medically necessary care required 4603 of the Balanced Budget Act of 1997 (Pub- clause (ii) or (iii) of subparagraph (B) in the to treat the individual, the Secretary, upon lic Law 105–33; 111 Stat. 467). case of circumstances described in section application by the provider, shall pay to TITLE VIII—MEDICARE+CHOICE 1851(e)(4)(A)’’ after ‘‘subparagraph (B)(vi)’’. such provider for such individual such rea- SEC. 801. DELAY IN ACR DEADLINE UNDER THE (2) EFFECTIVE DATE.— sonable cost. MEDICARE+CHOICE PROGRAM. (A) IN GENERAL.—Subject to subparagraph ‘‘(II) The total amount of the additional (a) DELAY IN DEADLINE FOR SUBMISSION OF (B), the amendment made by paragraph (1) payments made to home health agencies pur- ADJUSTED COMMUNITY RATES AND RELATED shall apply to terminations of coverage ef- suant to subclause (I) in any fiscal year shall INFORMATION.—Section 1854(a)(1) (42 U.S.C. fected on or after the date of enactment of not exceed an amount equal to 2 percent of 1395w–24(a)(1)) is amended by striking ‘‘May this Act. the amounts that would have been paid 1’’ and inserting ‘‘July 1’’. (B) TRANSITIONAL MEDIGAP OPEN ENROLL- under this subparagraph in such year if this (b) ADJUSTMENT IN INFORMATION DISCLO- MENT PERIOD FOR CERTAIN INDIVIDUALS AF- clause had not been enacted.’’. SURE PROVISIONS.—Section 1851(d)(2)(A)(ii) FECTED BY PLAN WITHDRAWALS.—In the case (b) EFFECTIVE DATE.—The amendments (42 U.S.C. 1395w–21(d)(2)(A)(ii)) is amended in of an individual described in clause (ii) or made by subsection (a) shall take effect on the first sentence by inserting ‘‘, to the ex- (iii) of subparagraph (B) of section 1882(s)(3) the date of enactment of this Act, and shall tent such information is available at the of the Social Security Act in the case of cir- apply to each application for payment of rea- time of preparation of the material for mail- cumstances described in section 1851(e)(4)(A) sonable costs for outliers submitted by any ing’’ before the period. of such Act (relating to discontinuation of a home health agency for cost reporting peri- (c) EFFECTIVE DATE.—The amendments plan or organization entirely or in an area), ods ending on or after October 1, 1999. made by this section shall take effect on the if the termination or discontinuation of cov- SEC. 704. ELIMINATION OF 15-MINUTE BILLING date of enactment of this Act. erage occurred after December 31, 1998, and REQUIREMENT. SEC. 802. CHANGE IN TIME PERIOD FOR EXCLU- before the date of enactment of this Act, the (a) IN GENERAL.—Section 1895(c) (42 U.S.C. SION OF MEDICARE+CHOICE ORGA- provisions of subparagraph (A) of section 1395fff(c)) is amended to read as follows: NIZATIONS THAT HAVE HAD A CON- 1882(s)(3) such Act (in the matter up to and ‘‘(c) REQUIREMENTS FOR PAYMENT INFORMA- TRACT TERMINATED. including clause (iii) thereof) shall apply to TION.—With respect to home health services (a) IN GENERAL.—Section 1857(c)(4) (42 such an individual who seeks enrollment furnished on or after October 1, 1998, no U.S.C. 1395w–27(c)(4)) is amended by striking under a medicare supplemental policy during claim for such a service may be paid under ‘‘5-year period’’ and inserting ‘‘3-year pe- the 92-day period beginning with the first this title unless the claim has the unique riod’’. month that begins more than 30 days after identifier (provided under section 1842(r)) for (b) EFFECTIVE DATE.—The amendment the date of enactment of this Act in the the physician who prescribed the services or made by subsection (a) shall apply to con- same manner as such provisions apply to an made the certification described in section tract years beginning on or after January 1, individual described in the matter following 1814(a)(2) or 1835(a)(2)(A).’’ 1999. such clause (iii).

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SEC. 804. APPLYING MEDIGAP AND (3) by adding at the end the following: ‘‘(i) SPECIAL RULES FOR FRAIL ELDERLY EN- MEDICARE+CHOICE PROTECTIONS ‘‘(II)(aa) enrolls in a Medicare+Choice plan ROLLED IN SPECIALIZED PROGRAMS FOR THE TO DISABLED AND ESRD MEDICARE under part C, which enrollment is termi- FRAIL ELDERLY.— BENEFICIARIES. nated or discontinued under the cir- ‘‘(1) DEVELOPMENT AND IMPLEMENTATION OF (a) ASSURING AVAILABILITY OF MEDIGAP cumstances described in section 1851(e)(4)(A), NEW PAYMENT SYSTEM.—The Secretary shall COVERAGE.— and develop and implement (as soon as possible (1) IN GENERAL.—Section 1882(s) (42 U.S.C. ‘‘(bb) subsequently enrolls, without an in- after the date of enactment of this sub- 1395ss(s)) is amended— tervening enrollment, in another section), during the period described in sub- (A) in paragraph (2)(A), by striking ‘‘is 65 Medicare+Choice plan, and disenrolls from section (a)(4)(B), a payment methodology for years of age or older and is’’ and inserting such plan by not later than 12 months after frail elderly Medicare+Choice beneficiaries ‘‘is first’’; the effective date of the enrollment in the enrolled in a Medicare+Choice plan under a (B) in paragraph (2)(D), by striking ‘‘who is Medicare+Choice plan described in item specialized program for the frail elderly (as 65 years of age or older as of the date of (aa).’’. defined in paragraph (2)(A)). Such method- issuance and’’; and (c) EFFECTIVE DATE.—The amendments ology shall account for the prevalence, mix, (C) in paragraph (3)(B)(vi), by striking ‘‘at made by this section shall apply to termi- and severity of chronic conditions among age 65’’. nations and discontinuations occurring on or such beneficiaries and shall include medical (2) EFFECTIVE DATE.—The amendments after the date of enactment of this Act. diagnostic factors from all provider settings made by paragraph (1) shall apply to termi- SEC. 806. NONPREEMPTION OF STATE PRESCRIP- (including hospital and nursing facility set- nations of coverage effected on or after the tings). It shall include functional indicators date of enactment of this Act, regardless of TION DRUG COVERAGE MANDATES IN CASE OF APPROVED STATE of health status and such other factors as when the individuals become eligible for ben- MEDIGAP WAIVERS. may be necessary to achieve appropriate efits under part A or B of title XVIII of the (a) IN GENERAL.—Section 1856(b)(3) (42 payments for plans serving such bene- Social Security Act. U.S.C. 1395w–26(b)(3)) is amended— ficiaries. (b) PERMITTING ESRD BENEFICIARIES TO (1) in subparagraph (A), by striking ‘‘The ‘‘(2) SPECIALIZED PROGRAM FOR THE FRAIL ELECT ANOTHER MEDICARE+CHOICE PLAN IN standards’’ and inserting ‘‘Subject to sub- ELDERLY DESCRIBED.— CASE OF PLAN DISCONTINUANCE.— paragraph (C), the standards’’; and ‘‘(A) IN GENERAL.—For purposes of this (1) IN GENERAL.—Section 1851(a)(3)(B) (42 (2) by adding at the end the following: part, the term ‘specialized program for the U.S.C. 1395w–21(a)(3)(B)) is amended by strik- ‘‘(C) CONTINUATION OF STATE PRESCRIPTION frail elderly’ means a program which the ing ‘‘except that’’ and all that follows and DRUG LAWS.—Subparagraph (A) shall not su- Secretary determines— inserting the following: ‘‘except that— persede any State law that requires the com- ‘‘(i) is offered under this part as a distinct ‘‘(i) an individual who develops end-stage prehensive coverage of prescription drugs or part of a Medicare+Choice plan; renal disease while enrolled in a any regulation that carries out such a law, ‘‘(ii) primarily enrolls frail elderly Medicare+Choice plan may continue to be if— Medicare+Choice beneficiaries; and enrolled in that plan; and ‘‘(i) the State has a waiver in effect under ‘‘(iii) has a clinical delivery system that is ‘‘(ii) in the case of such an individual who section 1882(p)(6)(A) with respect to requiring specifically designed to serve the special is enrolled in a Medicare+Choice plan under such coverage under medicare supplemental needs of such beneficiaries and to coordinate clause (i) (or subsequently under this clause), policies; or short-term and long-term care for such bene- if the enrollment is discontinued under sec- ‘‘(ii) the Secretary provides for a waiver ficiaries through the use of a team described tion 1851(e)(4)(A) the individual will be treat- for the State to impose such a requirement in subparagraph (B) and through the provi- ed as a ‘Medicare+Choice eligible individual’ under section 1882(p)(6)(B).’’. sion of primary care services to such bene- for purposes of electing to continue enroll- (b) MEDIGAP WAIVER.—Section 1882(p)(6) (42 ficiaries by means of such a team at the ment in another Medicare+Choice plan.’’. U.S.C. 1395ss(p)(6)) is amended— nursing facility involved. (2) EFFECTIVE DATE.— (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and ‘‘(B) SPECIALIZED TEAM.—A team described (A) The amendment made by paragraph (1) (2) by adding at the end the following: in this subparagraph— shall apply to terminations and ‘‘(i) includes— discontinuations occurring on or after the ‘‘(B) The Secretary also may waive the ap- ‘‘(I) a physician; and date of enactment of this Act. plication of the standards described in para- ‘‘(II) a nurse practitioner or geriatric care (B) Clause (ii) of section 1851(a)(3)(B) of the graph (1)(A)(i) so that a State may include manager, or both; and Social Security Act (as inserted by such comprehensive prescription drug coverage ‘‘(ii) has as members individuals who have amendment) also shall apply to individuals among the benefits required for all medicare special training and specialize in the care whose enrollment in a Medicare+Choice plan supplemental policies.’’. and management of the frail elderly bene- was terminated or discontinued after Decem- (c) EFFECTIVE DATE.—The amendments ficiaries. ber 31, 1998, and before the date of enactment made by this section shall take effect on the ‘‘(3) FRAIL ELDERLY MEDICARE+CHOICE BENE- of this Act. In applying this subparagraph, date of enactment of this Act. FICIARY DESCRIBED.—For purposes of this such an individual shall be treated, for pur- SEC. 807. MODIFICATION OF PAYMENT RULES part, the term ‘frail elderly Medicare+Choice poses of part C of title XVIII of the Social FOR CERTAIN FRAIL ELDERLY MEDI- beneficiary’ means a Medicare+Choice eligi- Security Act, as having discontinued enroll- CARE BENEFICIARIES. ble individual who— ment in such a plan as of the date of enact- (a) MODIFICATION OF PAYMENT RULES.—Sec- ‘‘(A) is residing in a skilled nursing facility ment of this Act. tion 1853 (42 U.S.C. 1395w–23) is amended— (1) in subsection (a)— or a nursing facility (as defined for purposes SEC. 805. EXTENDED MEDICARE+CHOICE of title XIX) for an indefinite period and DISENROLLMENT WINDOW FOR CER- (A) in paragraph (1)(A), by striking ‘‘sub- TAIN INVOLUNTARILY TERMINATED sections (e) and (f)’’ and inserting ‘‘sub- without any intention of residing outside the ENROLLEES. sections (e) through (i)’’; facility; and (a) PREVIOUS MEDIGAP ENROLLEES.—Sec- (B) in paragraph (3)(D), by inserting ‘‘and ‘‘(B) has a severity of condition that makes tion 1882(s)(3)(B)(v)(III) (42 U.S.C. paragraph (4)’’ after ‘‘section 1859(e)(4)’’; and the individual frail (as determined under 1395ss(s)(3)(B)(v)(III)) is amended— (C) by adding at the end the following: guidelines approved by the Secretary).’’. (1) by inserting ‘‘(aa)’’ after ‘‘(III)’’; ‘‘(4) EXEMPTION FROM RISK-ADJUSTMENT (b) CONTINUOUS OPEN ENROLLMENT FOR CER- (2) by striking the period and inserting ‘‘, SYSTEM FOR FRAIL ELDERLY BENEFICIARIES EN- TAIN FRAIL ELDERLY MEDICARE BENE- or’’; and ROLLED IN SPECIALIZED PROGRAMS FOR THE FICIARIES.— (3) by adding at the end the following: FRAIL ELDERLY.— (1) IN GENERAL.—Section 1851(e) (42 U.S.C. ‘‘(bb) during the 12-month period described ‘‘(A) IN GENERAL.—During the period de- 1395w–21(e)) is amended by adding at the end in item (aa), is disenrolled under the cir- scribed in subparagraph (B), the risk-adjust- the following: cumstances described in section 1851(e)(4)(A) ment described in paragraph (3) shall not ‘‘(7) SPECIAL RULES FOR FRAIL ELDERLY from the organization described in subclause apply to a frail elderly Medicare+Choice ben- MEDICARE+CHOICE BENEFICIARIES ENROLLING IN (II); enrolls, without an intervening enroll- eficiary (as defined in subsection (i)(3)) who SPECIALIZED PROGRAMS FOR THE FRAIL ELDER- ment, with another such organization; and is enrolled in a Medicare+Choice plan under LY.—There shall be a continuous open enroll- subsequently disenrolls during such period a specialized program for the frail elderly (as ment period for any frail elderly (during which the enrollee is permitted to defined in subsection (i)(2)). Medicare+Choice beneficiary (as defined in disenroll under section 1851(e)).’’. ‘‘(B) PERIOD OF APPLICATION.—The period section 1853(i)(3)) who is seeking to enroll in (b) INITIAL MEDIGAP ENROLLEES.—Section described in this subparagraph begins with a Medicare+Choice plan under a specialized 1882(s)(3)(B)(vi) (42 U.S.C. 1395ss(s)(3)(B)(vi)), January 2000, and ends with the first month program for the frail elderly (as defined in as amended by section 804(a)(1)(C), is amend- for which the Secretary certifies to Congress section 1853(i)(2)).’’. ed— that a comprehensive risk adjustment meth- (2) CONFORMING AMENDMENTS.— (1) by striking ‘‘benefits under part A, en- odology under paragraph (3)(C) (that takes (A) OPEN ENROLLMENT PERIODS.—Section rolls’’ and inserting ‘‘benefits under part A— into account the types of factors described in 1851(e)(6) (42 U.S.C. 1395w–21(e)(6)) is amend- ‘‘(I) enrolls’’; subsection (i)(1)) is being fully imple- ed— (2) by striking the period and inserting ‘‘, mented.’’; and (i) in subparagraph (A), by striking ‘‘and’’ or’’; and (2) by adding at the end the following: at the end;

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11768 CONGRESSIONAL RECORD — SENATE October 1, 1999 (ii) by redesignating subparagraph (B) as services described in section 1905(a)(2)(C) fur- (2) Section 1915(b) (42 U.S.C. 1396n(b)) is subparagraph (C); and nished by a Federally-qualified health center amended by striking ‘‘1902(a)(13)(E)’’ and in- (iii) by inserting after subparagraph (A) and services described in section 1905(a)(2)(B) serting ‘‘1902(aa)’’. the following: furnished by a rural health clinic in accord- (d) EFFECTIVE DATE.—The amendments ‘‘(B) that is offering a specialized program ance with the provisions of this subsection. made by this section shall take effect on Oc- for the frail elderly (as defined in section ‘‘(2) FISCAL YEAR 2000.—For fiscal year 2000, tober 1, 1999. 1853(i)(2)), shall accept elections at any time the State plan shall provide for payment for Mr. KENNEDY. Mr. President, we all such services in an amount (calculated on a for purposes of enrolling frail elderly want to express our appreciation to our Medicare+Choice beneficiaries (as defined in per visit basis) that is equal to 100 percent of section 1853(i)(3)) in such program; and’’. the costs of the center or clinic of furnishing leader, Senator DASCHLE, for the devel- (B) EFFECTIVENESS OF ELECTIONS.—Section such services during fiscal year 1999 which opment of this proposal. As he has 1851(f)(4) (42 U.S.C. 1395w–21(f)(4)) is amended are reasonable and related to the cost of fur- pointed out, we have worked closely by striking ‘‘subsection (e)(4)’’ and inserting nishing such services, or based on such other with Senator MOYNIHAN and the mem- ‘‘paragraph (4) or (7) of subsection (e)’’. tests of reasonableness as the Secretary pre- bers the Finance Committee. We hope (c) DEVELOPMENT OF QUALITY MEASURE- scribes in regulations under section this will be the basis of the coming to- 1833(a)(3), or in the case of services to which MENT PROGRAM FOR SPECIALIZED PROGRAMS gether here in the Senate. This should FOR THE FRAIL ELDERLY.—Section 1852(e) (42 such regulations do not apply, the same U.S.C. 1395w–22(e)) is amended by adding at methodology used under section 1833(a)(3), not be a partisan issue. The kinds of the end the following: adjusted to take into account any increase problems Senator DASCHLE pointed out ‘‘(5) QUALITY MEASUREMENT PROGRAM FOR in the scope of such services furnished by the are problems not only in urban areas SPECIALIZED PROGRAMS FOR THE FRAIL ELDER- center or clinic during fiscal year 2000. but in rural communities, too. The pro- LY AS PART OF MEDICARE+CHOICE PLANS.—The ‘‘(3) FISCAL YEAR 2001 AND SUCCEEDING gram he has advocated touches the Secretary shall develop and implement a YEARS.—For fiscal year 2001 and each suc- health care needs of people all over this program to measure the quality of care proceeding fiscal year, the State plan shall provide for payment for such services in an country. This particular issue cries for vided in specialized programs for the frail el- a response and action from this Con- derly (as defined in section 1853(i)(2)) in order amount (calculated on a per visit basis) that to reflect the unique health aspects and is equal to the amount calculated for such gress in these final few days. needs of frail elderly Medicare+Choice bene- services under this subsection for the pre- I join with him and others who say ficiaries (as defined in section 1853(i)(3)). ceding fiscal year— we should not leave, we cannot leave, Such quality measurements may include in- ‘‘(A) increased by the percentage increase we will not leave this session without dicators of the prevalence of pressure sores, in the MEI (medicare economic index) (as de- addressing these problems. We have the reduction of iatrogenic disease, use of uri- fined in section 1842(i)(3)) applicable to pri- time now to work this process through. nary catheters, use of antianxiety medica- mary care services (as defined in section 1842(i)(4)) for that fiscal year; and I think the way this has been fashioned tions, use of advance directives, incidence of has demonstrated a sensitivity to the pneumonia, and incidence of congestive ‘‘(B) adjusted to take into account any in- heart failure.’’. crease in the scope of such services furnished range of different emergencies that are (d) EFFECTIVE DATES.— by the center or clinic during that fiscal out there across the landscape affect- (1) IN GENERAL.—Except as provided in year. ing real people. paragraph (2), the amendments made by this ‘‘(4) ESTABLISHMENT OF INITIAL YEAR PAY- So I join others on our side in com- section shall take effect on the date of enact- MENT AMOUNT FOR NEW CENTERS OR CLINICS.— mending him for the leadership he has ment of this Act. In any case in which an entity first qualifies as a Federally-qualified health center or provided on this issue as in so many (2) DEVELOPMENT OF QUALITY MEASUREMENT other areas. Hopefully, he will be suc- PROGRAM FOR SPECIALIZED PROGRAMS FOR THE rural health clinic after October 1, 2000, the cessful in reaching across the aisle so FRAIL ELDERLY.—The Secretary of Health State plan shall provide for payment for and Human Services shall first provide for services described in section 1905(a)(2)(C) fur- that we can all work on this issue to- the implementation of the quality measure- nished by the center or services described in gether. ment program for specialized programs for section 1905(a)(2)(B) furnished by the clinic Mr. President, no senior citizen the frail elderly under the amendment made in the first fiscal year in which the center or should be forced to enter a hospital or clinic qualifies in an amount (calculated on by subsection (c) by not later than July 1, a nursing home because Medicare can’t 2000. a per visit basis) that is equal to 100 percent of the costs of furnishing such services dur- afford to pay for services to keep her in SEC. 808. EXTENSION OF MEDICARE COMMUNITY her own home and in her own commu- NURSING ORGANIZATION DEM- ing such fiscal year in accordance with the ONSTRATION PROJECTS. regulations and methodology referred to in nity. Notwithstanding any other provision of paragraph (2). For each fiscal year following No person with a disability should be law and in addition to the extension provided the fiscal year in which the entity first told that occupational therapy services under section 4019 of the Balanced Budget qualifies as a Federally-qualified health cen- are no longer available because legisla- Act of 1997 (Public Law 105–33; 111 Stat. 347), ter or rural health clinic, the State plan tion to balance the budget reduced the demonstration projects conducted under sec- shall provide for the payment amount to be calculated in accordance with paragraph (3) rehabilitation services they need. tion 4079 of the Omnibus Budget Reconcili- No community should be told that ation Act of 1987 (Public Law 100–203; 101 of this subsection. Stat. 1330–121) shall be conducted for an addi- ‘‘(5) ADMINISTRATION IN THE CASE OF MAN- their number one employer and pro- tional period of 3 years, and the deadline for AGED CARE.—In the case of services furnished vider of health care will be closing its any report required relating to the results of by a Federally-qualified health center or doors or engaging in massive layoffs such projects shall be not later than 6 rural health clinic pursuant to a contract be- because Medicare can no longer pay its months before the end of such additional pe- tween the center or clinic and a managed fair share of health costs. riod. care entity (as defined in section No freestanding children’s hospital 1932(a)(1)(B)), the State plan shall provide for TITLE IX—CLINICS payment to the center or clinic (at least should wonder whether it can continue SEC. 901. NEW PROSPECTIVE PAYMENT SYSTEM quarterly) by the State of a supplemental to train providers to care for children FOR FEDERALLY-QUALIFIED because it receives no federal support HEALTH CENTERS AND RURAL payment equal to the amount (if any) by HEALTH CLINICS UNDER THE MED- which the amount determined under para- for its teaching activities. Yet these ICAID PROGRAM. graphs (2), (3), and (4) of this subsection ex- scenes and many others are playing out (a) IN GENERAL.—Section 1902(a)(13) (42 ceeds the amount of the payments provided in towns and cities across the country U.S.C. 1396a(a)(13)) is amended— under the contract. today, in large part due to the unex- (1) in subparagraph (A), by adding ‘‘and’’ at ‘‘(6) ALTERNATIVE PAYMENT SYSTEM.—Not- pectedly deep Medicare cuts in the Bal- the end; withstanding any other provision of this sec- (2) in subparagraph (B), by striking ‘‘and’’ tion, the State plan may provide for pay- anced Budget Act passed two years at the end; and ment in any fiscal year to a Federally-quali- ago. (3) by striking subparagraph (C). fied health center for services described in The 1997 Act was the final part of a (b) NEW PROSPECTIVE PAYMENT SYSTEM.— section 1905(a)(2)(C) or to a rural health clin- process undertaken since 1993 to bal- Section 1902 (42 U.S.C. 1396a) is amended by ic for services described in section ance the federal budget and lay the adding at the end the following: 1905(a)(2)(B) in an amount that is in excess of groundwork for the current economic ‘‘(aa) PAYMENT FOR SERVICES PROVIDED BY the amount otherwise required to be paid to boom and the large budget surpluses FEDERALLY-QUALIFIED HEALTH CENTERS AND the center or clinic under this subsection.’’. RURAL HEALTH CLINICS.— (c) CONFORMING AMENDMENTS.— we anticipate in the years ahead. How- ‘‘(1) IN GENERAL.—Beginning with fiscal (1) Section 4712 of the Balanced Budget Act ever, our ability to balance the budget year 2000 and each succeeding fiscal year, the of 1997 (Public Law 105–33; 111 Stat. 508) is was primarily attributable to deep sav- State plan shall provide for payment for amended by striking subsection (c). ings achieved by cuts in Medicare—by

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11769 slowing the rate of growth in provider cians needed to care for the nation’s ultimately pass such a bill prior to the payments and other policy reforms. children in the years ahead. time we leave the Senate this year. We These cuts were expected to total $116 The home-bound elderly—our most will do anything, and everything we billion over five years, and nearly $400 vulnerable senior citizens—are also know how, to ensure this becomes one billion over ten years. Clearly, as expe- suffering. In Massachusetts alone, of the highest legislative priorities left rience now shows, these cuts are too home health agencies are losing $160 prior to the end of this session of Con- deep for the Medicare program to sus- million annually, and 20 agencies have gress. It must be addressed. It must be tain. closed their doors since the Balanced passed. We must take this legislation In fact, these cuts were more than Budget Act went into effect. The ones up soon in order for us to accomplish double the amount ever enacted in any that remain are seeing fewer patients, what I know is a bipartisan recognition previous legislation. The Congressional and seeing their current patients less of the shortcomings and the mis- Budget Office has now increased the es- often. calculations made in the 1997 act. timate of the savings to total $200 bil- Massachusetts nursing homes are I will say again, the fact that we lion over five years and more than $600 predicting losses of $500 million over have over half of our caucus already, billion over ten years—far greater than the next five years. Eleven facilities and will probably have two-thirds of Congress intended. have declared bankruptcy this year, our caucus as cosponsors in the not- Not surprisingly, we are now hearing and more are expected to follow. too-distant future, is a clear recogni- from large numbers of the nation’s With the impending retirement of the tion of the depth of feeling our Mem- safety net providers—especially teach- baby boom generation, the last thing bers have on this bill and the impor- ing hospitals, community hospitals, we should do now is jeopardize the via- tance we place on getting something and community health centers. We are bility and commitment of the essential done this year. We must do it. We will hearing from those who care for the el- institutions that care for Medicare do it, and we will work with our Repub- derly and disabled when they leave the beneficiaries. Yet that is now hap- lican colleagues to make that happen. hospital—nursing homes, home health pening in cities and towns across the I yield the floor. agencies and rehabilitation specialists. nation. In the vast majority of cases, The PRESIDING OFFICER. The Sen- We are hearing from virtually every the providers who care for Medicare pa- ator from West Virginia. group that cares for the 40 million sen- tients are the same ones who care for Mr. ROCKEFELLER. Mr. President, I ior citizens and disabled citizens on working families and everyone else in strongly agree with the words our Medicare. They are saying—with great their community. When hospitals who Democratic leader has offered, and I alarm and anxiety—that Congress went serve Medicare beneficiaries are congratulate him for mobilizing this too far. threatened, health care for the entire effort, but it is a mobilization not so The Medicare Beneficiary Access to community is threatened. much of Democrats as it is of Senators Quality Health Care Act that we are Nearly one million elderly and dis- in general. Hospitals and patients and introducing today will alleviate much abled Massachusetts residents rely on skilled nursing facilities and home of this damage. It will provide $20 bil- Medicare for their health care. This health agencies are not Republican or lion over the next ten years to reduce legislation is a sensible, affordable step Democrat. The shortages, the closings, the pain created by the harshest cuts to ensure that our health care system the health care denied is not Repub- in the Balanced Budget Act. It will en- will continue to be there for them lican or Democrat. It has to do with sure that the nation’s health care sys- when they need it. It deserves prompt the people of our States and of our tem is able to care responsibly for to- consideration and passage. I commend country. day’s senior citizens, and is adequately Senator DASCHLE for his leadership on This is a bipartisan matter. I know, prepared to take care of those who will this vital issue, and I urge the Senate without even having talked to but five be retiring in the future. to approve this important measure. or six of my colleagues on the other The current Balanced Budget Act is The PRESIDING OFFICER. The side of the aisle, when they went back unfairly imposing a $1.7 billion cut Democratic leader. to their homes during the August re- over the next five years for Massachu- Mr. DASCHLE. Mr. President, I con- cess and when they have been back setts hospitals alone. Our community gratulate and thank my colleague from since, this has been the subject with hospitals are reeling. Many of our Massachusetts for his remarks and for which we have all been, in a sense, lob- teaching hospitals have laid off staff, his extraordinary commitment to this bied in the best sense; that is, lobbied and are unable to continue to partici- effort. He has been at every meeting. by our own constituents, by our own pate in Medicare HMO contracts. Some He has been engaged from the very be- voters, by people who are patients, by say that these cuts are needed to make ginning, and we are grateful, as on so people who have had these problems. Medicare more efficient. But Massa- many of the issues our caucus cares It is right; we should be fixing this chusetts teaching hospitals are already deeply about, for the leadership he has because Congress, in 1997, when we efficient. In the past six years, one out provided. passed the Balanced Budget Act, made of five of our teaching hospitals and I am proud of the fact we have had changes that were larger in Medicare one out of four hospital beds have been the participation of well over 20 Mem- than any in the history of the program, closed. We cannot afford to com- bers, and the senior Senator from Mas- and we made mistakes. This is actually promise on patient care, doctor train- sachusetts has been the leader of the one of the reasons our colleagues on ing, and the state-of-the-art medical pack, as he is on so many other issues. the other side of the aisle often criti- research conducted at the nation’s top I also thank Senator ROCKEFELLER cize congressional action because we hospitals. for the extraordinary effort he has put are trying to play doctor. We often try, In addition, children’s hospitals de- forth. As a member of the Finance but we often do not do it very well. In serve help as well. They currently re- Committee, no one has worked harder this case, we did not. We made mis- ceive almost no federal support for on many of these issues than has he. I takes. their important teaching and training am grateful for the participation and When we make a mistake, we are activities. They train a majority of the leadership he has provided to get us to causing skilled working facilities, nation’s pediatricians and pediatric this point. home health agencies, and hospitals to specialists. Yet current rules keep Before I yield the floor, let me say close; we are putting in jeopardy mar- them from receiving the level of fed- how urgent this matter is. My col- gins of profit, which have gone into the eral support available to other teach- leagues yesterday discussed the ur- red already, of other hospitals, particu- ing hospitals. While this particular leg- gency of this legislation again and larly rural hospitals. We have to cor- islation does not address this problem, again. I am disappointed and deeply rect it. Senator Bob KERREY and I have pro- concerned about the fact that, at least There is nothing more self-evident to posed a separate bill with strong bipar- to date, there is no date yet set for me than the need for this Congress to tisan support to correct this injustice consideration and markup of a bill to take up the BBA corrections and, in and give children’s hospitals the fund- repair the damage done in the 1997 act. fact, do them on a bipartisan basis. We ing they deserve to train the pediatri- We have to address and consider and do not have very much time. There

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11770 CONGRESSIONAL RECORD — SENATE October 1, 1999 seems to be quite a lot of anxiousness the health care world. We can change it patients who need chemotherapy treat- to get out of here. That is not shared easily and change it before we leave ment but cannot find a facility to pro- by the junior Senator from West Vir- here, and surely we should. I yield the vide it. Why? The answer is because ginia. In that case, it puts more pres- floor. Medicare doesn’t pay enough to cover sure on us to do it. We need a date. We Ms. MIKULSKI. Mr. President, I rise the cost of the chemotherapy treat- need to do this. This is not makeup today as a cosponsor of Senator ment. Where does this patient go? They stuff. These are real problems. DASCHLE’s bill to address the draconian could go to a hospital, but frequently In my State of West Virginia, which cuts to Medicare under the Balanced this is more expensive, or might not is not large but our citizens are no less Budget Act of 1997 (BBA). I thank Sen- specialize in these services. Patients important than anybody else’s, and to ator DASCHLE for introducing this im- and their families do not want to hear me they are more important, in the portant piece of legislation. complex stories about payment meth- next 4 years our hospitals are going to I support this bill for two reasons. odologies, or resource utilization face an almost $600 million cut in pay- First, I believe the BBA went too far groups. What these families want to ment because of mistakes we made in when it cut reimbursements to Medi- hear is that their loved ones can get the 1997 Budget Act. They did not care. Second, as we move towards the the care that they need. make the mistakes. They have not millennium and our senior population My State of Maryland has also had a been keeping their books incorrectly. continues to grow, our seniors must be devastating problem with Medicare They have not been trying to be ineffi- able to rely on a sound and secure HMOs. Because of payment changes, re- cient. We made the mistakes. We made Medicare Program. This bill will help imbursements to many HMOs were cut. the mistakes in Congress, and it is up them do just that. What are the effects of these cuts? One to us to correct them. When I travel throughout the State HMO in my state is projecting losses of Many critical public health services of Maryland, the issue my constituents over $5 million this year in the rural will be cut back. That has happened al- want to talk about most is cuts in counties of Maryland alone. This HMO ready. It will continue to happen. services for the elderly. I have worked can no longer afford to cover Medicare Home care agencies in my State expect long and hard to find solutions to these patients so it is closing up shop. 14,000 there will be almost 5,000 less Medicare cuts. That is why I cosponsored an senior citizens in Maryland will lose patients being admitted for their serv- amendment to the recent tax bill their Medicare HMO. Where do these ices than before. which placed a priority on fixing Medi- seniors go? In the rural counties of Eleven home health care providers in care before providing for a tax cut. Maryland, these seniors do not have West Virginia have closed. That is not That is why I am working on a new and any other Medicare HMO to choose. a lot, but that is a lot in West Virginia, improved Older Americans Act, and They all left—not because they weren’t and it is in a lot of places. We have 55 that is why I am cosponsoring Senator making a profit—these HMOs couldn’t counties and 1.8 million people. Eleven DASCHLE’s legislation, which helps pro- even break even. Rural counties home health agencies is a lot; 2,500 on viders who are struggling under BBA throughout Maryland and the nation a nationwide basis are closed. They are cuts to Medicare. will have seniors with little or no ac- not thinking about closing but have The BBA is one of the reasons why cess to the extra benefits many HMOs closed because of mistakes we in Con- we have a projected budget surplus. It provide, including prescription drug gress have made in making these enor- put us on the right track of fiscal pru- coverage and preventive benefits such mous changes to Medicare. They have dence, but it went too far in the case of as dental, vision and hearing been forced to close down because the Medicare by imposing deep cuts on pro- screenings. current payment system does not ade- viders: It cut reimbursements to home Imagine if your 85-year-old grand- quately reimburse them for what they health agencies; it cut reimbursements mother, living on a fixed income, got a have to do. to nursing homes; it cut reimburse- letter in the mail that says in 4 months CBO originally estimated home ments to Medicare HMOs. Our seniors she will no longer have a Medicare health reimbursement reductions and our providers are now feeling the HMO. She might not understand what would be $16 billion. It turned out the effects of these cuts. it means. Is she losing her health care reduction was $47 billion. That was not What exactly do these cuts mean? In coverage altogether? Is she losing her the hospitals’ fault; That was not the my State of Maryland, this means that doctor? Is she losing her medicine cov- home health agencies’ fault; that was 34 Home Health Agencies have closed erage? In many cases, my constituents our fault. We made that mistake. We their doors and only two public Home aren’t wondering where they should go have to correct that mistake. Health Agencies remain. This is a par- for a mammogram or prostate screen- The $1,500 cap on therapy is having ticular problem in rural counties in ing, but if they can even go at all be- bad results on nursing home patients Maryland. Agencies in these areas are cause their HMO is leaving town. with Parkinson’s disease, burns, and committed to providing health care to Some will say these cuts aren’t so other things. We need to correct that those who cannot travel to hospitals or bad—why can’t you just buy a Medigap because we made the mistakes. doctors offices. In fact, they are so policy? For around $150 a month you I will end by saying, I agree on teach- committed to providing home-bound could get some of the supplemental ing hospitals. We have three teaching patients with care, I know some health benefits that HMOs provide. But many hospitals in West Virginia. Whatever care providers who have traveled to of these senior citizens only have happens in general happens in a much homes by a snowmobile in winter $11,000 or $12,000 a year in retirement worse way in rural States. That is by months just to get to a patient. But be- income and many times their income is definition, that is by nature, whether cause of substantial cuts in reimburse- much less. These seniors cannot afford it is hospitals, nursing homes, or any- ments under BBA, these agencies are $150 a month for a Medigap policy, so thing else. That has always been the left with no choice but to close their many of them will be forced to make case. doors; families lose these services, em- difficult choices between food, rent, Rural hospitals have very little to ployees lose their jobs, and nobody health care and prescription medica- fall back on because they do not have wins. tions. This legislation provides needed margins. They depend on Medicare Our Skilled Nursing Facilities relief so that our seniors would not more than those in larger and more (SNFs) also need the relief provided by have to make these terrible decisions. urban States. These were unintended this legislation. The BBA changed the I also know that our non-profit cuts we made, but we nevertheless way that payments are calculated so health facilities are having a particu- made them. The mistake is ours. It is that facilities do not get paid more larly rough time. These are providers a bipartisan mistake. It came along money when they provide expensive such as Hebrew Home in Rockville, with a very good bill, the Balanced services such as chemotherapy or pros- Maryland, or Mercy Hospital in Balti- Budget Act of 1997. Within it, there was thetics. In some cases, the reimburse- more, who are struggling to provide some cancer, and the cancer was ment is so low, that facilities cannot care under current reimbursements. It caused by us, and it is the mistakes we afford to take the patients who need a is especially difficult for these pro- made which are causing havoc all over high level of care. I hear stories about viders because the care they provide is

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11771 frequently uncompensated. This is kota about the devastating effects such Mr. KERREY. Mr. President, I sup- health care that they frequently do not reductions in reimbursements are hav- port the legislation offered earlier by get reimbursed for, also known as char- ing throughout the health care indus- the Senator from South Dakota, the ity care. In many cases, they provide try. Consumers are also feeling the Medicare Beneficiary Access to Care the health services to seniors who have pain, as many individuals are being Act of 1999. no other place to go. If we do not take turned away from hospitals and nurs- I supported strongly the balanced steps to fairly reimburse them, where ing homes who cannot afford to accept budget amendment of 1997, the deficit will these seniors go to get the care new patients because of the lower reim- reduction acts of 1993 and 1990, and am they need? bursement rates included in the Bal- proud of the supporting role I played One of my priorities as a United anced Budget Act. These cuts are dev- over the last 7 or 8 years in taking the States Senator has always been to astating and feared to have severe im- United States of America to the point honor your mother and father. It is a plications on the quality and access of where the Federal Government was good commandment and good public health care throughout our nation, in- borrowing hundreds of billions of dol- policy—in the federal law books and cluding South Dakota, unless Congress lars—$300 billion when I came in 1989— checkbooks. We must address these acts immediately to correct these to a point where we now have a sur- cuts in Medicare because our safety net problems. In South Dakota, and other plus. It is quite an exciting change in for seniors is badly frayed, and senior rural parts of the country, hospitals the dynamics of this country. citizens are being left stranded because and other health care providers have This morning’s New York Times had many health care providers have no an extremely high percentage of Medi- a story by Louis Uchitelle about 1.1 choice but to close their doors. care beneficiaries making these cuts in million Americans having been lifted In 1965 when Medicare was created, reimbursement even more devastating. off the rolls of poverty as a con- the Federal Government promised that If Congress does not act in a timely sequence of demands of wages that Americans who work hard all of their fashion many of these providers may be occur because interest rates are low, lives can count on Medicare when they forced to close their doors. corporate profits are good, and the retire. I believe that promises made I look forward to continue working American economy is as strong as it with my colleagues on passage of the should be promises kept. Senator has been in my lifetime. It is quite im- Medicare Beneficiary Access to Quality DASCHLE’s bill will help us keep the pressive what a strong economy will do Health Care Act which develops cre- promise we have made to the Nation’s with low interest rates and what in- ative, cost-effective approaches to ad- senior citizens. creased rates in productivity will do. dress the unintended, long-term con- Mr. JOHNSON. Mr. President, I am The report also pointed out the signifi- pleased to cosponsor the Medicare Ben- sequences of the BBA. The proposed budget surplus provides Congress the cant problems we still have with in- eficiary Access to Quality Health Care come growth, especially with African Act introduced today that works to unique opportunity to address many of the deficiencies in our nation’s health Americans. correct the inequities of Medicare re- But I am proud of the role I played in forms included in the Balanced Budget care system. We need to address the valid concerns of teaching hospitals, eliminating the deficit and creating a Act of 1997. surplus that has contributed enor- I commend Senator DASCHLE for his skilled nursing facilities, home health mously to the growth of the U.S. econ- tremendous efforts on this issue and providers, rural and community hos- omy. Certainly lots of action in the for his leadership with the introduction pitals, and other health care providers private sector contributed to it, but of this bill. As well, I congratulate a who require relief from the con- Congress and those who were here—Re- number of my other colleagues who sequences of the BBA. publicans and Democrats—over the last have contributed immensely to the Mr. CLELAND. Mr. President, we are 7 or 8 years who voted for these three crafting of this critical piece of legisla- all hearing from our constituents pieces of legislation can take some tion, including Senators MOYNIHAN, about the hardships they have encoun- pride in taking the United States not KENNEDY, ROCKEFELLER, BAUCUS, CON- tered from the unintended con- just into recovery economically, but I RAD, and others. sequences of the Balanced Budget Act As part of the effort to balance the (BBA) of 1997. From rural hospitals to remember how frustrating the deficit Federal budget, the Balanced Budget home health care agencies, cuts in was—politically frustrating—that Act of 1997 (BBA) provided for major Medicare reimbursement have forced caused Americans to lose confidence reforms in the way Medicare pays for these health care providers to absorb that Congress could get anything done. medical services. The Balanced Budget tremendous debt and have threatened It seemed a relatively small ‘‘bone’’ in Act of 1997 (BBA) included numerous patients’ access to care. Senator a great nation and I am glad we finally cuts in Medicare payments to health DASCHLE has proposed over 30 items coughed it up. I don’t want to back- care providers. These changes were that will provide immediate relief track on that. originally expected to cut Medicare across the health care continuum. That is why I am pleased Senator spending by about $115 over five years, Among these provisions, the bill would DASCHLE has indicated this bill has to but recent CBO projections show spend- redirect BBA surplus monies to provide be paid for. Not only do we have to be ing falling nearly twice that much. In a cap on hospital outpatient Prospec- careful to not drain the Social Security the face of these deep cuts, health care tive Payment System (PPS) loss, a trust fund, but we have to be careful providers are struggling, and bene- delay on the proposed 15 percent cut to we not do this in a fashion that takes ficiary access to care is threatened. home health care reimbursement, a fix America back to the bad old days of The Medicare Beneficiary Access to for the graduate medical education deficit financing. It is easy to do that. Care Act is a targeted solution to cer- resident cap and the indigent care The 1997 act had an impressive num- tain specific problems that the Bal- problem, the repeal of nursing home ber of people in the Senate and the anced Budget Act has created. therapy caps, a technical correction to House voting for the legislation. The As implementation of these reforms limit oscillations to Medicare physi- United States was to produce $100 mil- proceeds, health care providers and pa- cian reimbursement, a delay of risk ad- lion of savings in 10 years. It is now es- tient advocacy groups have asserted justment for frail elderly/Evercare. timated it will produce $200 million in that some of the reforms are having— Senator DASCHLE is to be commended savings. I voted for $100 million. That or are likely to have—undesirable or for developing this comprehensive BBA is what I thought the legislation would unintended consequences. Areas in pa- relief bill in an incredibly short period produce. Not all of that $200 million es- tient care such as rehabilitative ther- of time. My colleague has more than timate occurs as a consequence of the apy, skilled nursing facilities, home met the challenge of this urgent health changes in reimbursement. Some has health services, and hospital out- care dilemma. I am proud to be an occurred as a result of the vigorous ef- patient services have already begun to original cosponsor of this critical re- fort by Secretary Shalala and HCFA to feel the effects of the reforms set forth medial legislation for a BBA fix. I will reduce fraud and, as a consequence, in 1997. support Senator DASCHLE with all my save taxpayer money. They made bill- Not surprising, I have heard from resources to pass a BBA fix this ses- ing changes that produced some sav- many safety net providers in South Da- sion. ings. They are doing a better job of

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11772 CONGRESSIONAL RECORD — SENATE October 1, 1999 managing the taxpayers’ money. Some paid for. The Balanced Budget Act cre- which limits payments on both a per of the savings has occurred as a con- ated a prospective payment system for beneficiary as well as a per visit basis. sequence. skilled nursing facilities. This does not The temporary system locked in very There is no question there is a frac- adequately account for the costs of low rates. This affects rural areas more tion of that excess $100 million that very sick patients and rare high-cost than urban areas. There are very low has come as a result of our making services. This bill attempts to address rates for areas that had traditionally some changes to take more out of the both of these problems by increasing low costs such as Nebraska. We have providers than anyone anticipated. payments for groups of patients for low costs. This legislation will put $23 billion whom payment is low and by paying The IPS locked in those very low back. I believe that is fair, reasonable, separately for high-cost services, such costs in October 2000, and the IPS is and defendable. I think it will have a as prosthetics, to ensure the nursing scheduled to be replaced by a new PPS tremendously positive impact on the homes receive adequate payment. system for home health services. Those ability of my State of Nebraska to get We have heard about the impact of payments will be reduced in an arbi- high-quality health care; that is what therapy caps. I hope in addition to put- trary fashion by 15 percent. We make is at stake. What is at stake is not just ting some money back into the pro- three changes in the legislation that the health of health care institutions viders, we can take the advice of the are vital: First, we postpone this 15- but the health of the citizens of the Senator from Oklahoma and get some percent cut for 2 years; second, we as- country who depend upon those insti- structural changes enacted in Medi- sist low-cost agencies that have been tutions. care. One of the problems we have as a disadvantaged under the IPS by in- I believe this piece of legislation is Congress trying to make changes in creasing the per visit limit; finally, the needed. It is needed in Nebraska and by Medicare is we don’t know the full im- bill reduce administrative burdens citizens who depend upon their doctors, pact of changes. placed upon the providers by elimi- who depend upon their hospitals, who Senators BREAUX and THOMAS were nating interest on overpayments, depend upon this thing we call the proposing the creation of a new Senate- eliminating a 15-minute reporting re- health care system in the United confirmed board that has authority quirement, and eliminating a require- States of America. It is an issue of life over HCFA to make certain HCFA has ment for home health agencies to do and death for them. It is a very impor- the authority to offer fee-for-service the billing for durable medical equip- tant issue. It is a very personal issue. plans on a competitive basis and make ment. When we talk to somebody in a hos- sure competitors have a level playing We make changes for physicians. The pital, it is easy to acquire the right field to compete and offer their plans BBA created a new system for physi- sense of urgency to overcome whatever against the fee for service that HCFA cian payments based on a target rate of ideological differences we might have. has. I think it would be easier to solve growth. The system includes bonus The people of Nebraska need this Con- the problem of dealing with waste, payments and reductions intended to gress to act. It is not just something fraud, and abuse and make it more create incentives to meet the target that we are being asked to do; it is likely the consumers receive good in- rate of growth. However, what we have something that is necessary in order to formation when they are trying to done will cause payments to fluctuate improve the quality of life in our make decisions about what to buy. widely, creating tremendous uncer- State. Consolidating Part A and Part B was tainty in the physician communities I will go through some of the things also in the proposal of Senator BREAUX, and causing physicians who are out this legislation does. For hospitals, the and as a consequence of consolidating there trying to manage a clinic or their 1997 act cuts hospital payments in sev- those two programs, it would make it business to say: We can’t depend upon eral ways: Lower inpatient payments; a much more likely when dealing with HCFA. We can’t depend upon a revenue new outpatient prospective payment medical procedures, such as therapy, stream. There is too much uncertainty system; a special payments cut for low- that we get it right. in the system. We may opt out as a income patients: and cuts in graduate What we did with the Balanced Budg- consequence. medical education. et Act is create a 1,500-per-annual-ben- They are facing a very big challenge This legislation does not restore all eficiary cap, but these are arbitrary. in dealing with HCFA’s representation of those cuts. It creates a 3-year transi- They don’t allow any flexibility based that there may be fraud when, in fact, tion period to protect hospitals under upon the need of the patient. What we all that has occurred is there are a this new outpatient system, and there have done with the legislation is repeal number of additional changes that will is additional protection for rural and the caps until 2003 and require HCFA to be very constructive for physicians, for cancer hospitals. The bill also mod- implement a new system for therapy Medicare+Choice, for rural health clin- erates the cut in DSH and GME pay- payments that is budget neutral to ics, federally qualified health centers, ments, a central concern of teaching caps. It is designed to address the needs and for hospice care where we have not and academic centers. And it takes ac- for varying amounts of therapy based had any rebasing of payments since tion for pediatric hospitals. upon a patient’s condition. That is the 1982. It is a $1 billion—an extremely I urge colleagues who have not stud- point I was trying to make earlier, why important program. ied this to examine the very low reim- we need structural changes, as well. Unfortunately, we do not pay a lot of bursements for graduate medical edu- There are varying needs of the pa- attention to the problem we are facing cation for pediatric hospitals. There is tient that are extremely difficult for when individuals know for certain they a glaring difference and it will create HCFA to address. It is a central sys- are dying. Hospice addresses that. This tremendous problems as we try to train tem. They have fiscal intermediaries in is an important change, in my view, pediatricians—a very important profes- the country making payments. It is and I urge colleagues on both sides of sion in the health care industry. still a centrally controlled system and the aisle to say, whether it is with the There are a number of changes that awfully difficult to get it right in Ohio, Daschle bill, which I support, or a bill increase the quality of care in Ne- Nebraska, and Missouri simulta- that comes out of the Finance Com- braska hospitals and increase the neously. They have to apply a system mittee, which I am apt to support as chances, especially in rural hospitals, nationwide. It is better, in my judg- well: This is one of the things we need that we will not see a continuation of ment, if we have a board of directors, to do. We need to get this done. what we had in 1998 when two rural Senate-confirmed, to manage HCFA, I hope we can at least get some mini- hospitals closed. My hospital adminis- moving in a direction where the pri- mal changes in Medicare as well, but trators tell me there may be more of vate sector is able to compete for we need to address this. the same unless we make some reason- HCFA’s fee for service simultaneously, Mr. BINGAMAN. Mr. President, I rise able adjustments. with HCFA offering its fee-for-service today to join my colleagues in intro- The Balanced Budget Act made some plans. ducing the ‘‘Medicare Beneficiary Ac- changes in skilled nursing facilities. It makes changes in home health. We cess to Care Act of 1999.’’ I want to We understand the need to balance the created under the BBA an interim pay- commend the leadership in the devel- budget. This does not undo that. It is ment system for home health agencies opment of this legislation and hope

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11773 that the Congress will act upon this a crisis in the health care delivery sys- health agencies turning away patients. now, before we adjourn. tem of this country, to maintain access We will see skilled nursing facilities The bill is designed to modify some to quality care for our seniors and to unable to take complex patients. We of the many, unforseen consequences of rectify problems for the system that will see a devastated rural health sys- the Balanced Budget Act of 1997. Daily were created inadvertently. We must tem. Our health care system is in jeop- I receive letters and calls citing the act now to provide for easy access to ardy. negative impact of the Balanced Budg- quality, continued health care for our The bill we are introducing today et Act on access to patient care and to citizens. will go a long way toward correcting the delivery of quality care in an ongo- I look forward to working with all of some of the unintended consequences ing and coordinated fashion. In my my colleagues here in the Senate to see of the Balanced Budget Act of 1997. I State of New Mexico, the health care that this legislation is passed prior to worked with my Democratic colleagues delivery system has been particularly adjournment. in drafting what I believe is a reason- hard hit. Essentially, the system for Mr. MURRAY. Mr. President, I am able bill that provides immediate relief delivery of health care that we have pleased to join with my Democratic to hospitals, home health care agen- worked so hard to attain is being erod- colleagues in introducing this impor- cies, skilled nursing facilities and hos- ed and must be bolstered before pa- tant legislation. In the Balanced Budg- pice care to ensure that seniors in this tients face a crisis. et Act of 1997, we reformed the Medi- country have access to quality, afford- I represent a state where 21 out of 33 care program to extend its solvency. In able health care services. The bill we counties are designated as health pro- the past year, we have seen the dra- have put forth is modest. It is not a fessional shortage areas. I represent a matic and negative impact of those re- cure-all, but it addresses the most state that has seen an exodus of physi- forms on patients and health care pro- pressing challenges. This is not about cian specialists and rural doctors this viders. The bill we are introducing repealing the fiscal discipline imposed past year. Over the last year, New Mex- today will fix those unintended con- in BBA97. This is about adjusting the ico had 70 home care agencies close de- sequences and will ensure that millions changes we made to reflect the current spite yeoman’s efforts to keep these of seniors have access to high quality estimates. Our bill fixes the problems agencies open and serving our citizens. health care. I urge the Republican lead- and provides legislative remedies. It This represents closure of over 40 per- ership to act on it before we adjourn does not jeopardize the solvency of cent of our home health care agencies. for the year. Medicare. We can and should make Two years ago, the Medicare Pro- We currently have one county, Catron, changes to improve access and ensure gram was in serious trouble—facing that has no home care entity available access without jeopardizing solvency. for serving patients. Failure to deal bankruptcy within 5 years. We had to There is still much we have to ad- with the additional 15-percent cut that make substantial changes to the pro- dress from quality care to affordable is slated to go into effect in October of gram to extend its solvency. It was a health insurance to prescription drugs. painful and difficult process, but we 2000 would be the end of numerous However, if the hospitals close or sen- made changes intended to slow the other home health agencies throughout iors are denied quality care, the ability growth of Medicare expenditures. to pay is not an issue. The very founda- my state. It would be inexcusable not And overall, it worked. Medicare is tion of our health care system is at to address this issue this session. still functioning and is on a more Additionally, the system is further sound financial footing. stake. This legislation is long overdue. under stress in the nursing home But the revisions we implemented We need to pass it and make the Medi- arena. We have seen one nationally went too far. Let me give you an exam- care Program function better today. based entity declare bankruptcy and ple. Based on the estimates we had at Mr President, at the same time, we face the demise of others. Long term the time, our changes were supposed to cannot forget that the entire Medicare care facilities must be reimbursed at a reduce the overall growth in Medicare Program will run out of money in 2015. level that reflects the acuity of the expenditures by $100 billion over 10 So, I want to remind my colleagues residents for whom they care. Long years. In reality, the changes we en- there is still much work to be done to term care is key not only for the resi- acted will result in more than $200 bil- ensure Medicare remains a stable pro- dents but for their families near and lion in lost Medicare revenue for gram that our children will be able to far. health care providers over the same pe- count on for their health care. Mr. President, several of my col- riod. This was not the order of change Mr. President, from my point of view, leagues have addressed the issue of I supported. this Congress has failed on too many GME and the plight of our teaching And today we see that those revisions vital issues this year. This Congress hospitals. Hospitals have a multitude are hurting our health care providers failed to pass a real Patients’ Bill of of services that they provide and which and making it more difficult for them Rights—that would put patients and we should bolster. I must note, for ex- to give patients the high quality care doctors, not insurance companies, in ample, that in New Mexico, declining they need. charge of their medical decisions. Ear- Medicare reimbursement is forcing the When I meet with health care pro- lier this week, this Senate failed our only acute care hospital in Dona Anna viders in my state, this is their top children, by cutting our commitment County to close a 15 bed skilled nursing concern. Each day we delay making to putting 100,000 teachers in the class- unit because of mounting financial these corrections, we make it harder room to reduce the size of our over- losses. Realities such as this must for them to ensure that quality health crowded classrooms. This Congress make us mindful of the far reaching care is available to millions of seniors. failed to help our farmers, and all those and adverse effects the BBA of 1997 is I have heard from hundreds of hos- facing too many challenges in rural now having on communities and their pital administrators, home health care America. Let me just say, that I am residents. We want to ensure that no workers, doctors, rehabilitation thera- not giving up or letting up on any of other facilities face closure. pists, teaching hospitals, skilled nurs- those fights—because they are too im- Finally, I must add that rural and ing facilities, and hospice providers. portant. And let’s not forget that this frontier clinics are critical components For example, I’ve received letters from Congress even failed to do one of its to care for seniors and others in the Providence General Medical Center in most basic work—passing our appro- community with limited resources and Everett, Washington, from hospital priations bill on time, with real num- serve to allow for timely, geographic caregivers at Prosser Memorial Hos- bers—not gimmicks. access where there otherwise would be pital, from the University of Washing- Mr. President, it is high time we no health care available. I am pleased ton’s School of Medicine and from hun- bring some good news back to our con- that some redress of their needs is pro- dreds of others. They have shared with stituents. I want my hospitals and vided in this legislation. me the impact of the 1997 changes and health care providers, as well as the Others have outlined the components what it means for patient care. I be- senior citizens in Washington State, to of this legislation and I will not repeat lieve the situation is critical. know I have heard their concerns and I the specifics. It is sufficient to say, If we fail to correct this, we will see recognize the dangerous implications that these changes are needed to avert hospitals closing. We will see home of BBA97 on health care. It is high time

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11774 CONGRESSIONAL RECORD — SENATE October 1, 1999 we show them we see the problems fac- Above all, this legislation is about And just to provide some perspective, ing Medicare, we understand them, and priorities. Ensuring the health and the cost of the legislation we introduce we are acting to fix them. It is high well-being of our Nation’s seniors and today amounts to less than three per- time we move on our priorities. This is most vulnerable citizens should be our cent of the cost of the tax bill Presi- one of them. I urge my colleagues to highest priority. I thank my colleagues dent Clinton vetoed last month. The support this legislation. for their hard work on this proposal cost of the entire bill is less than one Mrs. LINCOLN. Mr. President, today and I look forward to the quick passage provision in the tax bill to subsidize I rise to voice my support for a bill of this legislation so we can deliver re- the interest expenses of American mul- which addresses the unintended con- lief to our health care communities tinational corporations operating over- sequences of the Balanced Budget Act and let them know how much we value seas. In fact, we could have passed this of 1997. I am pleased to join my Demo- their services. bill, repealed the interest expense pro- cratic colleagues as an original cospon- Mr. KERRY. Mr. President, I am vision, and saved American taxpayers sor of the Medicare Beneficiaries Ac- pleased to join with Senators DASCHLE, an additional $4 billion. cess to Care Act. KENNEDY, ROCKEFELLER and others to What a sad reflection on our state of Since I’ve been in the Senate, one of introduce the Medicare Beneficiary Ac- affairs when the Senate would approve the greatest concerns of Arkansans is cess to Care Act of 1999. a tax provision to expand eligibility for the lowered Medicare reimbursement In July, during consideration of tax Roth IRAs for people making over rate for a variety of services that re- relief legislation, I offered an amend- $100,000 a year, a provision that would sulted from the Balanced Budget Act. ment on the floor of the Senate to cost over $6 billion, but has yet to ad- Yes, we must continue to rid our Medi- carve out $20 billion from the tax bill dress the dire needs of our teaching care system of waste, fraud and abuse. and devote it towards relief for Medi- hospitals. A full legislative remedy for That is a high priority for our govern- care providers from the unintended ment and it should remain so. How- the Medicare payment problems facing consequences of the Balanced Budget teaching hospitals would cost $5.7 bil- ever, when Medicare changes were Act. Although the amendment received made as part of the Balanced Budget lion. the support of 50 Senators, including Mr. President, the time will come for Act of 1997, Members of Congress did seven of my Republican colleagues, it not intend to wreak havoc on the this debate, and the time will come be- did not gather the necessary three- fore we adjourn. The bipartisan support health care industry. fifths majority required for passage. Enough time has elapsed to know the exists. Let’s keep the doors of our Today’s legislation, a $20 billion pack- unintended consequences of the Bal- teaching and community hospitals, age of specific measures to address the anced Budget Act. Hospitals have lost nursing homes, home health care agen- shortcomings of the Balanced Budget tremendous amounts of money due to cies, and rural clinics open. Let’s ac- Act, represents the embodiment of our changes in the outpatient prospective cept responsibility for the unintended continued commitment to ensure that payment system. Many hospitals in my effects of our previous legislation. this relief is enacted before the end of state are on the brink of closing due to Let’s not wait any longer. the congressional session. the tremendous financial losses they f Mr. President, I cannot fully express have suffered. Nursing homes have not the urgency of this matter. Here in DEPARTMENTS OF LABOR, been reimbursed by Medicare at rates Washington, we often throw around HEALTH AND HUMAN SERVICES, that cover the cost of patients with numbers with little realization of the AND EDUCATION, AND RELATED acute care needs. Payments for phys- real impact on America’s communities. AGENCIES APPROPRIATIONS ical and rehabilitation therapy have In this instance, I assure you, the im- ACT, 2000—Continued been arbitrarily capped. Teaching hos- pact is real. Take the town of Quincy, pitals have lost funding to support The PRESIDING OFFICER. The Sen- Massachusetts, population 88,000, and their training programs. Home health ator from Oklahoma. the birthplace of former presidents agencies have been forced to absorb Mr. NICKLES. Mr. President, what is huge losses and limit services to the el- John Adams and John Quincy Adams. the pending business? derly. Rural health clinics have been As we introduce this bill, the commu- The PRESIDING OFFICER. S. 1650, forced to cope with even more losses nity hospital in Quincy, Massachusetts the Labor-HHS appropriations bill. and operate on a shoestring budget. stands at the edge of closure. Jeffrey AMENDMENT NO. 1851 Not only do these cuts and changes Doran, the hospital’s CEO, has been (Purpose: To prevent the plundering of the in Medicare reimbursement wreak working overtime to ensure that if the Social Security Trust Fund) havoc on the health care community hospital closes, patients will be safely Mr. NICKLES. Mr. President, I call and force them to absorb unfair finan- transferred to health care providers up amendment No. 1851. cial losses, but Medicare beneficiaries, outside the community. Over the past The PRESIDING OFFICER. The the very people that Medicare was set several weeks, I have been on the clerk will report. up to help, lose access to critical serv- phone multiple times with our State The legislative assistant read as fol- ices. We cannot allow our parents and leaders asking them to step in and pro- lows: grandparents to be denied access to vide the needed relief where the Fed- The Senator from Oklahoma [Mr. NICKLES] coverage or receive limited medicare eral Government has failed. Failed, Mr. proposes an amendment numbered 1851. care because we didn’t take action to President, because the Medicare cuts Mr. NICKLES. Mr. President, I ask correct the devastating cuts of the Bal- enacted in 1997 have gone above and be- unanimous consent that the reading of anced Budget Act. yond what we intended or desired. The the amendment be dispensed with. As a member of the Senate Rural budget savings have exceeded the lev- The PRESIDING OFFICER. Without Health Caucus and a member of the els we envisioned at the time of enact- objection, it is so ordered. Senate Special Committee on Aging, I ment. The amendment is as follows: care deeply about the quality of health Alternatively, Mr. President, let’s take a look at the home health care in- At the appropriate place, insert the fol- care and our citizens’ access to health lowing: dustry. Home health care providers de- care. Over the past few months I have SEC. . PROTECTING SOCIAL SECURITY SUR- cosponsored various pieces of legisla- liver rehabilitative services to Medi- PLUSES. tion which address all of the above- care beneficiaries in the safety and (a) FINDINGS.—Congress finds that— mentioned issues and the need to re- comfort of their home. In the State of (1) Congress and the President should bal- store Medicare cuts. However, this leg- Massachusetts, just since passage of ance the budget excluding the surpluses gen- islation is ‘‘all encompassing’’ and if the Balanced Budget Act, we have wit- erated by the Social Security trust funds; passed, would ensure that hospitals, nessed the closure of 20 home health and skilled nursing facilities, physical care agencies who are no longer able to (2) Social Security surpluses should only be used for Social Security reform or to re- therapy clinics, home health agencies, cover their costs as a result of cuts in duce the debt held by the public and should rural health clinics, and hospice pro- Medicare payment reimbursements. not be spent on other programs. grams receive important financial re- The same is true with our nursing (b) SENSE OF THE SENATE.—It is the Sense lief. homes and extended care facilities. of the Senate that conferees on the fiscal

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11775 year 2000 appropriations measures should en- Maybe because of emergencies we will will just say that there are many on sure that total discretionary spending does spend the non-social security surplus. this side of the aisle who are willing to not result in an on-budget deficit (excluding Those funds may well be spent—as a re- make some adjustments in Medicare. the surpluses generated by the Social Secu- sult of the hurricane, agricultural dis- We understand that some of the as- rity trust funds) by adopting an across-the- sumptions and some of the guess- board reduction in all discretionary appro- asters, the events in Kosovo or East priations sufficient to eliminate such deficit. Timor, or whatever. There may be timates were inaccurate and fell dis- proportionately on some different AMENDMENT NO. 1889 TO AMENDMENT NO. 1851 some emergencies that that $14 billion is going to be spent on, but absolutely areas. So we are willing to make some (Purpose: To prevent the plundering of the adjustments. Social Security Trust Fund) not a dime more. As we total all of these appropria- Medicare is an important issue and I Mr. NICKLES. Mr. President, I send a tions bills—the numbers are growing, am very disappointed that the adminis- second-degree amendment to the desk or at least some people are trying to tration would not work with and sup- and ask for its immediate consider- make them grow. I am saying that no port the Bipartisan Commission on ation. matter what we do, at the end of this Medicare, to make significant, real re- The PRESIDING OFFICER. The process, we will have across-the-board forms that would help save Medicare clerk will report. cuts if they are necessary. Hopefully, long term. The idea that the adminis- The legislative assistant read as fol- we won’t have to. If we do our jobs, we tration is going to save Medicare by lows: will not need to have across-the-board putting an IOU into the Medicare fund, The Senator from Oklahoma [Mr. NICKLES] cuts. is baloney. It is false, it is misleading, proposes an amendment numbered 1889 to Senator STEVENS, the Appropriations it is deceptive, and it does not do any- amendment No. 1851.) chairman, said we are not going to thing to save Medicare. Mr. NICKLES. Mr. President, I ask need the cut because he is going to My colleagues have just talked about unanimous consent that the reading of make sure we come in below the introducing a proposal that will great- the amendment be dispensed with. amounts necessary. He said that he ly increase Medicare spending. We are The PRESIDING OFFICER. Without will make sure outlays do not exceed willing to make some adjustments. I do objection, it is so ordered. the level that would intrude upon or not use the word ‘‘fix’’ because you are The amendment is as follows: have us spend Social Security trust not going to fix it with a few Band- Strike all after the first word, and insert funds. I respect that and I agree with Aids. A lot of us are somewhat knowledge- the following: it. But just in case I am saying—let’s able on the issue, and we are willing to PROTECTING SOCIAL SECURITY SURPLUSES. go on record; let’s make sure that, if take the bipartisan efforts of the (a) FINDINGS.—Congress finds that— necessary we will have across-the- Breaux Commission and put together (1) Congress and the President should bal- board cuts. ance the budget excluding the surpluses gen- What are we talking about? I have some positive solutions to help save erated by the social security trust funds; and added up all the bills. Just for the in- Medicare for several years. Maybe we (2) social security surpluses should only be can only do a Band-Aid this Congress. formation of colleagues, I have added used for social security reform or to reduce Frankly, I think we could and should up all the bills including the Labor- the debt held by the public and should not be do more. Certainly this Senator, and spent on other programs. HHS bill we have before us. If you add others on this side of the aisle are will- (b) SENSE OF THE SENATE.—It is the Sense them all up, we are about $5 billion ing to work toward that. It is the ad- of the Senate that Congress should ensure into the Social Security surplus right that the fiscal year 2000 appropriations ministration that has been unwilling now. According to the calculations I to dedicate itself to saving Medicare measures do not result in an on-budget def- am using, the same ones I believe CBO icit (excluding the surpluses generated by and as a result they have withdrawn the Social Security trust funds) by adopting and OMB are using, we are about $5 bil- their support of the Medicare proposal lion over. That is about $5 billion out an across-the-board reduction in all discre- that was chaired by Chairman BREAUX tionary appropriations sufficient to elimi- of $500 billion on discretionary spend- and Congressman THOMAS. nate such deficit if necessary. ing. It equals about 1 percent. Regardless, I hope we can lay aside Mr. NICKLES. Mr. President, the I hope we can avoid an across-the- the partisan guns and ask ourselves modification of the amendment is very board cut. I do not think it is the best what we need to do to fix the system? minor and technical. I will tell you way to govern because we should be I know Senator KERREY of Nebraska what it is: making reductions throughout the worked on that commission and did It is the sense of the Senate that the Con- process. But, it may be necessary if we some outstanding work. Frankly, I gress should ensure that the fiscal year 2000 can not accomplish the FY 2000 appro- think there are many of us who want appropriations measures do not result in an priations without dipping into Social to help fix and save Social Security, on-budget deficit (excluding the surpluses Security. not just apply a few Band-Aids to al- generated by Social Security trust funds) by Incidentally, in the bill we have be- leviate a few of the problems. We are adopting an across-the-board reduction in all fore us, I see we have about a $2 billion willing to try to work to help fix the discretionary appropriations sufficient to increase in NIH, about $1.7 billion more eliminate such deficit.... entire system. than the President’s request; we have In working on these various appro- The original amendment I filed said $2.3 billion more in education spending; priations it has become apparent that it is the sense of the Senate that con- we have $500 million in administrative there is no limit to the appetite of ferees would make sure they did not expenses in the Department of Labor, some members of this body to spend dip into Social Security funds. Now I and much, much more. There is a lot of money. Democrats yesterday offered am saying the Congress should make squeezing we could do. Even if we went about $3 billion of additional spending sure we do not dip into the Social Se- to the President’s numbers on a few on the Labor-HHS bill that is already curity funds and, if necessary, that we items, we could save $3.5 billion or $4 growing by tremendous amounts. have across-the-board reductions in billion. Chairman SPECTER has already come spending to make sure we do not touch So I hope an across-the-board cut out with an amount that was $2.3 bil- Social Security funds. will not be necessary. But I think it is lion over last year. Obviously, no mat- I have stated—and I think all of our important we do whatever is necessary ter what is reported out of committee, colleagues on both sides of the aisle to make sure we do not raid the Social it is not enough, so we have to have have done so as well—that we do not Security trust fund. A lot of us agree billions more. want to touch Social Security, we ab- with that rhetorically, but we should I think the appropriations process is solutely do not want to touch the So- make sure that each and every one of getting a little faulty when we start cial Security trust funds. us mean it. appropriating so many years in ad- We are going to have a surplus next I have heard some of my colleagues vance. I do not quite subscribe to some year and it is in large part, if not to- saying: Well, we need to make some of the games that are being played. tally, because of the Social Security fixes in various areas such as Medicare, And how much money can we move for- surplus. Many have drawn the line and to correct some of the mistakes made ward? We are seeing this happen time said: We are not going to touch that. in the Balanced Budget Act of 1997. I and time again.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11776 CONGRESSIONAL RECORD — SENATE October 1, 1999 Incidentally, the administration’s I wonder if he has talked to the other No, no, the GOP, the Republicans budget had $19 billion in forward fund- Republican leaders. don’t want to do that. They want to ing. And now, evidently, the process This is a great sense-of-the-Senate cut education and health care. Oh, yes, will come out closer to $19 billion or resolution, but the fact is, the Repub- and the earned income tax credit; that $20 billion, but that is still not enough. lican leadership has already dipped is their latest scheme. I see in the I know the Medicare fixes are going into Social Security. Don’t take my paper this morning that their to cost money. My point is, I already word for it; take CBO’s word for it. frontrunner for the Presidency, Gov- said, before we have the add-ons, we They have already dipped into it. ernor Bush of Texas, couldn’t even are $5 billion into the Social Security Mr. NICKLES. Will the Senator swallow that one. He said: What are trust funds. We are going to have to yield? the House Republicans doing? He said: make those adjustments in the con- Mr. HARKIN. Let me finish a couple I am against balancing the budget on ferences in the next couple weeks. It is of things, and then I will. We will get the backs of the poor. Obviously, House going to have to happen. It is going to into a dialogue on this. Republicans want to do that; evidently, have to happen by people working to- Mr. NICKLES. I want the Senator to a few Republicans over here, too, want gether. If, for some reason, these con- be factual. to use the earned income tax credit to ferences come out and exceed the Mr. HARKIN. ‘‘GOP Spending Bills pay for their schemes and for the amount and raid Social Security, we Tap Social Security Surplus, CBO Cites faulty budgeting they have done. should have across-the-board reduc- Planned Use of $18 Billion.’’ This was I say to my friend from Oklahoma, I tions to stop it, to make sure we do not in the paper yesterday: may come up with a second degree. I raid Social Security. On the same day House Republicans guess he has already second degreed it. Maybe with the momentum for pop- launched a new attack charging Democrats We can second degree it again. We will ular programs and we can’t say no—if with ‘‘raiding’’ Social Security to fund have a vote on that. I think we need a we do not have the collective will to spending programs, congressional analysts sense-of-the-Senate resolution that we say we are going to vote down and vote revealed that the GOP’s own spending plan send the Republican leadership back for next year would siphon at least $18 bil- for remedial math so they can add no on some of these appropriations lion of surplus funds generated by the retire- bills, then let’s set up a mechanism to things up a little bit better. ment program. I yield to my friend from Oklahoma, say the bottom line is, if these Yesterday’s report by the nonpartisan Con- amounts are so large that they actu- gressional Budget Office seemed to under- having said that; I yield for a question ally raid Social Security, we are going mine a concerted GOP effort to blame Presi- anyway. to have to say no by having across-the- dent Clinton for excessive spending and gain Mr. NICKLES. Let me make a couple of comments. board reductions. the high ground in the high-stakes political Mr. HARKIN. Does the Senator want I hope that is not necessary. I do not battle over Social Security. There it is. They already have dipped me to finish and yield the floor? expect it to be necessary. I think when Mr. NICKLES. If the Senator doesn’t it is all said and done, and the budget- into Social Security. We have already used up the non-Social Security budget mind. eers finally start scrubbing these num- Mr. HARKIN. Mr. President, again, of $14 billion, according to CBO. Actu- bers—the CBO and Budget Com- don’t take my word for it. Read the ally, it was by $19 billion, but that in- mittee—Democrats as well as Repub- CBO’s letter, dated August 26, almost a cluded about $5 billion that was in the licans will say: Wait a minute, let’s month ago. Things haven’t gotten any tax scheme they came up with, which limit the appetite of growth in spend- better. You can read it in the news- the President vetoed. So we get that ing and make sure we do not raid So- papers. You can add it all up for your- back. We are about another $15 billion cial Security. That is the purpose of selves. this amendment. It is a sense of the into Social Security already. This is what they have done, all Senate. Again, this is a great sense-of-the- these schemes. Now they are going to Frankly, I was considering budget Senate resolution. The fact is, though, designate the census as an emergency. language that would implement it. the President sent a budget this year Thomas Jefferson could have told you Senator STEVENS has pointed out he that was balanced, that met all our there was going to be a census in the will make a budget point of order that needs. I might have wanted to add a year 2000, but they think it is an emer- it is legislation on appropriations. But few things here and jiggle a few things gency. at some point we are going to have to there, but there were some penalties on I said they want to delay the tax cut get serious and say we are not going to tobacco companies in that budget. But, for low-income Americans, the one pro- touch Social Security. no, the Republicans, they don’t want to gram that helps get people from wel- At this point, I offer this sense of the penalize the tobacco companies, oh, no. fare into work, the earned income tax Senate. I hope 100 Members of the Sen- Hands off the tobacco companies. We credit. They want to cut that down to ate will support it. I am hopeful we will can’t penalize them. But what we can pay for their schemes and their tax not need it, but we will have it if nec- penalize are the elderly on Social Secu- cuts for the wealthy. They are using essary to make sure—absolutely sure— rity. They can pad the budget on the two sets of books—CBO books, OMB that we do not touch the Social Secu- Pentagon. They added more to the Pen- books, one or the other, whichever rity trust funds in our spending pro- tagon budget than what the Depart- make it look good on any one day or grams. Let’s make absolutely positive ment of Defense even asked for. We the other. They want to spread one that does not happen for the fiscal have been playing all these shell games year’s funding over 3 fiscal years. They years 2000 and 2001 or for the foresee- all year, moving money around. propose to defer approximately $3 bil- able future. Well, we have a plan, and we have lion in temporary assistance for needy Mr. President, I thank my colleagues had a plan, to be able to balance the families, TANF block grants, from fis- and yield the floor. budget, fund these programs by not cal year 2000 to 2001. The PRESIDING OFFICER. The Sen- dipping into Social Security but by pe- The schemes go on and on and on, all ator from Iowa. nalizing the tobacco companies that because, it seems to me, the Repub- Mr. HARKIN. Mr. President, I lis- fail to reduce teen smoking. licans looked at the Clinton budget tened, with interest, to the comments It seems to me we could beef up our that was sent down this year, which made by my colleague from Oklahoma. efforts to reduce Medicare waste and was balanced, which moved us ahead in I read his amendment. All I can say is abuse. There is $13 billion right there, the areas of education and health, I will use a term that is very popular by the latest estimates. How about leg- which moved this country forward but out in the Midwest: It is like closing islation that would save money by re- had some penalties on tobacco compa- the barn door after you let the horse ducing student loan defaults and cut- nies and some offsets, as we call it out. ting excessive administration fees that around here, which means we pay for I would have to ask my friend from we pay to banks for student loans? How some of this by penalties on the to- Oklahoma—he’s part of the Republican about reducing some corporate wel- bacco companies. It is obvious to me leadership—I wonder if he has talked to fare? How about closing some special the Republicans said, no, we can’t himself lately. interest tax loopholes? touch the tobacco companies.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11777 All year we have been having this jig- dollars of funding beyond what they were planning by the beneficiaries. But critics gling going back and forth and back supposed to spend under existing budget re- said it would create undue hardship on peo- and forth about where they are going strictions. ple struggling to stay off welfare, and sen- As a result, he shows, lawmakers will have to come up with the money to fund the ators are balking at the idea. to dip into the projected government surplus Hastert has been under pressure from some extra $4 billion that they put onto the next year of $167 billion to fund programs at of his House colleagues not to make signifi- Pentagon. Where are we going to come the level they are targeting. Because almost cant concessions to the White House, but up with the extra money to pay for all of that surplus will be created by extra criticism seemed to recede after the speaker their tax breaks for the wealthy? So on money rolling into the Social Security pro- delivered an unequivocal declaration yester- and on, we get these schemes; they gram, Crippen suggests that as much as $18 day that Republicans would safeguard the keep bouncing around. billion will have to be drawn from the retire- Social Security surplus. ment program. Now we are told that defense, I guess, Meanwhile, White House Chief of Staff This is up from an August CBO estimate John D. Podesta, who addressed Democratic is going to be an emergency. That is that showed Congress on the way to spending lawmakers yesterday morning, called the the latest scheme. The defense bill is $16 billion of the Social Security surplus, but GOP’s spending approach ‘‘crazy’’ and said now going to be an emergency bill, but it does not include the extra spending law- ‘‘the budget process is headed toward chaos.’’ there is no emergency out there. makers are likely to approve for hurricane Overall, Congress made little progress in As I said, you can have a sense-of- and earthquake relief, restoring cuts in completing work on the overdue spending the-Senate resolution which says we Medicare and other needs that could drive bills. Faced with opposition from both Demo- the number even higher. crats and antiabortion Republicans, House should adopt an across-the-board re- The country has more than enough surplus leaders were forced to postpone a vote yes- duction if we don’t have a balanced funds to accommodate the new spending terday on the foreign operations spending plans under consideration on Capitol Hill, budget. But quite frankly, why don’t bill. but the CBO numbers are likely to sharpen we have some penalties on the tobacco The agriculture budget bill was also held the intensifying political debate over Social companies? Rather than cutting health up, a GOP leaders scrambled to line up Security. Although the government has rou- care for the elderly, rather than cut- enough signatures to force it out of a conten- tinely tapped Social Security to fund other tious conference committee. Yesterday, ting education for our kids, which his agencies in years past, both parties have ele- Democrats as well as several Republicans ac- sense of the Senate would do, why vated protection of the retirement program cused the GOP leadership of shutting down don’t we have some penalties on the to- to the highest priority this year. bacco companies for their failure to re- ‘‘What the Republicans are protesting in the committee in order to kill a provision lifting trade sanctions on Cuba. duce teen smoking? CBO told us that their ad campaign they already are guilty of would raise, if I am not mistaken, themselves, and have been for two months Mr. NICKLES addressed the Chair. about $6 billion. There is $6 billion we now,’’ said Rep. John M. Spratt Jr. (S.C.), The PRESIDING OFFICER. The Sen- the Ranking House Budget Committee Dem- ator from Oklahoma. could get right there for teen smoking. ocrat who requested the CBO study. ‘‘They’re That is where we are. I find it odd, Mr. NICKLES. I tell my colleague . . . invading the Social Security surplus, from Illinois, I will be very brief, a cou- kind of amusing, kind of bemusing, I and these are conservative numbers.’’ guess, that the Senator from Okla- But one GOP lawmaker said the CBO num- ple comments. homa, one of the leaders on the Repub- bers are premature because Congress has yet I ask unanimous consent to add Sen- lican side, would offer this sense-of- to complete work on all the 13 spending bills, ators GREGG and GRAMM as original the-Senate resolution. As I said, they implying that the numbers could change. sponsors of the amendment. ‘‘To somehow suggest that CBO says the The PRESIDING OFFICER. Without have already dipped into Social Secu- funding level is going to be this or that for rity. Now he wants to close the barn objection, it is so ordered. fiscal year 2000 is completely hypothetical,’’ Mr. NICKLES. Very briefly, we don’t door. said Rep. John E. Sununu (R-N.H.), a mem- All I can say is, too little and too ber of the Budget Committee. have to debate all the budget assump- late. I think the Senator from Okla- GOP lawmakers remained defiant yester- tions. homa needs to have some remedial day. ‘‘Under no circumstance will I vote to My colleague pointed out a lot of spend one penny of the Social Security sur- things he has read in the paper that math. plus for anything but Social Security,’’ I ask unanimous consent to print in different people have tried. The earned House Majority Whip Tom DeLay (Tex.) said income tax credit, frankly, needs to be the RECORD the article from which I during a media event dubbed ‘‘Stop the reformed. About 24 percent of that pro- quoted. Raid.’’ There being no objection, the article Although Clinton and congressional lead- gram is waste and fraud. It needs to be was ordered to be printed in the ers have agreed to a three-week extension of reformed, but we are not going to do it. Friday’s budget deadline in an effort to iron I am probably the biggest proponent of RECORD, as follows: out their differences over sensitive spending reforming the program, but I have al- [From the Washington Post, September 30, issues, the two sides still appear to be far ready said it shouldn’t be done in this 1999] apart on numerous issues. If anything, the bill and it will not be done in this bill. GOP may be forced to accept even more GOP SPENDING BILLS TAP SOCIAL SECURITY It is not in the Senate bill. You haven’t SURPLUS—CBO CITES PLANNED USE OF $18 spending—and to dip further into Social Se- BILLION curity—to accommodate Clinton. seen it; you are not going to see it in the conference report. At least that is (By Eric Pianin and Juliet Eilperin) By far the biggest fight is likely to be over the huge labor, health and education spend- my intention. On the same day House Republicans ing bill, which trims or guts many of Clin- The Senator mentioned a few other launched a new attack charging Democrats ton’s education initiatives, including his call with ‘‘raiding’’ Social Security to fund things. My point is, we don’t have to for the hiring of 100,000 new teachers. The play games. He mentioned tax cuts. We spending programs, congressional analysts Senate began debating its version of the bill revealed that the GOP’s own spending plan yesterday and voted 54 to 44 to kill an effort don’t have a tax cut in this bill. for next year would siphon at least $18 bil- by Sen. Patty Murray (D-Wash.) to restore When it is all said and done, let’s not lion of surplus funds generated by the retire- funding for the hiring of more teachers. In- raid Social Security. The Senator said ment program. stead, senators approved a plan providing we are going to have to cut education. Yesterday’s report by the nonpartisan Con- $1.2 billion that states could use for hiring We have more money in the bill that is gressional Budget Office seemed to under- teachers or other education goals. pending than the President requested mine a concerted GOP effort to blame Presi- The House Appropriations Committee is for education. Even if we had an dent Clinton for excessive spending and gain scheduled to vote today on what the admin- the high ground in the high-stakes political istration considers a far more draconian across-the-board cut to make sure we battle over Social Security. Indeed, only version of the bill, and there is certain to be didn’t touch Social Security, we would hours before the report was released, House a major dustup not only on funding levels still have more than the President re- GOP leaders unveiled a national advertising but also on how Republicans intend to pay quested. There is $500 million more campaign vowing to ‘‘draw a line in the for the additional spending in the bill. than the President requested in this sand’’ in opposing Democratic spending ini- In an effort to keep from drawing on Social bill for education, and if we had an tiatives that they said would eat into the So- Security, House Speaker J. Dennis Hastert across-the-board cut, it still comes out. cial Security surplus. (R-Ill.) outlined a plan to delay the earned There would still be more money than But in a new analysis, CBO Director Dan L. income tax credits to the working poor to Crippen shows that lawmakers writing the save $8.7 billion from the bill next year. the President requested, and almost $2 spending bills that would fund government Republicans defended the measure, saying billion more than last year. My col- next year have already used up billions of that it would encourage better monthly league said: Hey, the horse is out of the

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11778 CONGRESSIONAL RECORD — SENATE October 1, 1999 barn. Well, it is not out of the barn. We I urge my colleagues to seriously of revenue. No, he wants to cut across have a lot of horses in the barn. Big consider that and, hopefully, pass this the board. horses are still there, such as the De- resolution when we vote next week. So, again, this debate will continue, fense bill, Labor-HHS. Those are two I yield the floor. obviously, for the remainder of the fall bills that are expensive. Most of the Mr. HARKIN. Mr. President, I think as we get into the final crunch on our other bills are coming in at last year’s the Senator and I do agree we should bills around here. But it seems to me level, maybe a little less. There are big not raid Social Security. But I think it that to have a sense-of-the-Senate res- increases in Labor-HHS and in the De- already has been under some of their olution that we do an across-the-board partment of Defense. Those are not out proposals. That could be open for de- cut, without looking at some other yet. Defense is close to being finished. bate. The Senator says let’s make an things—as I mentioned, there are $2 If Defense and Labor-HHS, Com- across-the-board cut if at the end have billion in student loan guarantee fixes merce-State-Justice, and HUD, come in gone overboard. I made a list of some we can make, and the tobacco penalty too high—we do not know yet because of the things we could cut, such as $13 I talked about, or bringing Defense they haven’t been reported out, but if billion in Medicare fraud and abuse; $6 back down to the DOD request. There they raid Social Security, let’s cut ev- billion in tobacco penalty; $2 billion in are a whole bunch of things we can erything across the board. That is what student loan guarantees, as fixes that look at that will still let us increase this says. I hope they don’t. I abso- we can make; $10 billion in corporate Head Start and education, community lutely believe if I had my say-so, they welfare; $4 billion cut in Defense to get health centers, all the things that meet would not. But I am just one person. just to the DOD request. That is about human needs and invest in the human I think if the conferees show some re- $35 billion. Why don’t we take some of resources of our country, rather than straint, and if we show some restraint that money, if we have to, rather than doing it as the Senator from Oklahoma on Labor-HHS, on the Department of cutting education and community has suggested. Defense, and on the remaining bills, we health centers? That is what the Sen- I yield the floor. don’t have to touch Social Security, ator from Oklahoma would propose, if I Mr. DURBIN addressed the Chair. not one dime. But if, for some reason, am not mistaken. The PRESIDING OFFICER. The Sen- we are not able do it, with the Agri- Mr. NICKLES. Mr. President, my col- ator from Illinois is recognized. culture bill for instance, the Agri- league has made several references Mr. DURBIN. Mr. President, I would culture bill emergency funding, as des- about Republicans cutting education. I like to change the mood a little bit and ignated has blown from $6 billion to have called him on it in the past, and wish all of my colleagues a happy new $8.7 billion; it grows by $1 billion every I am calling him on it again. The budg- year. Here we are on October 1, a new few days. I question that. I may vote et we have before us increases edu- fiscal year. I wish to say it is a pleas- against it. I think it has grown too cation by $2.3 billion. If you took what ure to be in the Senate debating the much. I said, cut 1 percent, that increases spending bills for our Nation, and it is I have a lot of farmers in my State education from $35 billion to $37 bil- a pleasure to have the resolution who are going to be quite upset when I brought by my friend, the Senator vote against it, but I may well because lion. And that is a $2.3 billion increase. from Oklahoma. I think it is getting ridiculous how So I keep hearing him say Republicans I have to agree with the Senator much we are spending. Even if we do, are cutting education, and it has grown from Iowa; it is hard for some people to that will be classified as an emergency; every single year. keep a straight face when the Congres- but I don’t care if it is called emer- I think he needs to stay with the sional Budget Office reported just 2 gency or regular outlays. If it starts facts. If you adopted this draconian days ago that the Republican leader- dipping into Social Security, this reso- proposal, you would reduce the growth ship in the House and Senate is already lution says let’s cut all spending of education from maybe $2.3 billion to enough to make sure we don’t. Are we $2 billion, which is still a big growth. $18 billion into the Social Security going to draw the line and stop at a So I want to make clear there is too trust fund, and we are considering a certain level or not? much rhetoric that is too inaccurate sense-of-the-Senate resolution that Let me make one other comment be- which says Republicans are cutting says, by all means, we are never going cause we have heard a lot of discussion education, when education is growing to touch the Social Security trust on Medicare. President Clinton’s budg- by over $2 billion in this bill. fund. I don’t think we can pull that off et proposal proposed to freeze hospital Mr. HARKIN. If the Senator will with a straight face. I think the Amer- payments. How many of us have had yield, the last time I checked, the Re- ican people are going to see through hospitals coming up here and saying: publicans do run the House of Rep- that. I think they understand what is You have cut too much? The Presi- resentatives. Their education budget is happening. They understand we have dent’s proposal was to cut it more. No- below that. Ours is up a little bit, but not met our new year’s deadline of Oc- body has talked about that. My col- you know what happens when you go to tober 1 and passed our spending bills. league says President Clinton’s budget conference. And who runs the con- But very few Congresses ever do, in was balanced. It was not. The Presi- ference? The Republicans. I am saying, all fairness. What is different about dent’s budget, according to CBO, still we may be up in the Senate, but the this Congress is, here we are on Octo- raids Social Security by $7 billion in Republicans run the House and they ber 1 and we don’t have a clue how to 2000. I am saying, no, let’s not let Con- have cut it down below. That is my finish. We don’t have a dialog between gress do it, or the President; let’s not point. the President and Congress to try to do it. But if we have to, let’s have an The Senator said education was up. bring us to a reasonable, bipartisan across-the-board cut and cut everybody But under the Senator’s scenario of an conclusion. Instead, as my old friend, a little bit. across-the-board cut, obviously, edu- Congressman DAVID OBEY of Wisconsin, Right now, the projections are that cation would be cut, as would commu- used to say: ‘‘Too many people are pos- maybe it would take 1 percent if we nity health centers and Head Start, being for holy pictures here.’’ They want don’t show a little restraint. We can cause it would be across the board. I to be known as the person who ‘‘saved’’ show a little restraint. We can save a am saying, if we want to have a bal- this or that. measly $5 billion out of $500 billion of anced budget, which we do, where do I think the American people expect appropriations that have not been we cut? candor and honesty from us. Candor passed. We can do that, and we should. Why won’t the Senator accept pen- and honesty would tell us several Absolutely. I am going to be disgusted alties on the tobacco companies? The things. First, if we are so desperate if we don’t do it. We used to have CBO gave us scoring of $6 billion just now that we want to do across-the- Gramm-Rudman-Hollings that pro- from penalties on tobacco companies board cuts in spending, why in the vided for an automatic sequester if we for not reducing teen smoking to the world were we ever discussing a $792 didn’t meet certain targets. I prefer level they said they were going to do. billion tax cut? That was the Repub- that we not touch Social Security, but That is $6 billion right there. Yet the lican mantra a few weeks ago. We have if we do, let’s cut across the board so it Senator doesn’t seem to be willing to so much money, we can give away $792 is a small percentage. even entertain that as a possible source billion. Well, the American people were

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11779 skeptical and folks on this side of the Johns Hospital in Springfield, hospitals such as the farm crisis the Senators aisle were also skeptical, and they in Chicago, and all across the State— from Iowa and Nebraska have shown dropped the idea. But now they come and say: If we are going to meet our such leadership on—and we would be back and say we are in such dire straits teaching mission, we need help. responsive to these crises at a time that we have to pass this sense-of-the- I think Senator DASCHLE is right. Be- when what is at stake is, frankly, a Senate resolution to discipline our- fore this Congress pats itself on the major part of our economy and a major selves, keep our hands off Social Secu- back and goes home, we need to ad- part of America. rity. dress this very serious problem—this Second, we would address the health Some of the schemes the Republican problem that could affect the quality care needs of this country. If we think leaders are coming up with to try to of health care, the quality of future we can go home and beat our chests end this budget debate are, frankly, doctors, and not only teaching hos- about how pure we were in the budg- not only greeted with skepticism by pitals as educational institutions but etary process and don’t lift a finger to Democrats, but even by fellow Repub- also because they take on the toughest help these hospitals that are struggling licans. Gov. George W. Bush of Texas, cases. These are the academic and re- to survive, we will have made a very yesterday, took a look at the House search hospitals which try to institute serious mistake. Republicans’ proposal to end this budg- new procedures to deal with disease I salute the Senator from Iowa and et impasse, and this is what he said: and try to find ways to cure people in other colleagues, such as Senator I don’t think they [Congress] ought to bal- imaginative ways. We don’t want to in BOXER of California and Senator MUR- ance their budget on the backs of the poor. any way quell their enthusiasm and RAY of Washington, who have tried to I am concerned for someone who is moving idealism. Unfortunately, these Medi- make sure this Labor-HHS bill does not from near poverty to middle class. care cuts are going to do just that. lay off 29,000 teachers at the end of this The nominal front runner for Presi- I might also add that these teaching school year. This bill would do it. The dent of the Republican Party has hospitals in my State account for 59 bill that some Republican Senators are tossed congressional Republicans over- percent of charity care. In other words, so proud of would lay off 29,000 teachers board because of their extremism and the poorest of the poor who have no across America because of cuts that their budget policy. What is it they health insurance, who are not covered are made in that bill and 1,200 teachers want to do? They want to cut the by Medicaid, who may be working poor, in my home State of Illinois. earned-income tax credit—a credit that for example, come into these hospitals. Is that how we want to welcome the goes to 20 million low-income working They are taken care of free of charge. new century? Is that how we want to Americans to help them get by. That is If the Senator from Oklahoma thinks tell our kids we are going to greet a their idea. Some would argue that is we can just walk away from this, make new generation, by laying off teachers painless. I don’t think anyone among a 1-percent cut and go home and accept and increasing class size? No. There are important priorities for us the 20 million families would. They un- that as the verdict of history, I think to face. I sincerely hope before we get derstand that can hurt a family when he is wrong. I think, frankly, whether caught up in some theoretical debate, they are trying to meet the basics. you are in Texas, Oklahoma, Iowa, Ne- as Senator HARKIN has said, about The balanced budget amendment braska, or Illinois, these hospitals are whether the horse is out of the barn, which is being debated on the floor— in trouble. Rural hospitals are in trou- that we talk about whether or not we and the reason I came over—passed in ble, as well. are going to protect Americans in their 1997, established caps on spending and These hospitals have seen dramatic homes and protect them in their com- wanted to make some cuts in areas cutbacks in reimbursement. In my part munities. such as Medicare to save money to of the world, these hospitals are a life- I support Senator HARKIN’s remarks. move forward a balanced budget. It was line for farmers who are injured in I support—maybe one of the few a sensible thing to do. I supported it. I their farming operations or in traffic times—Gov. George W. Bush, who has did not believe that I was in any way accidents. These small hospitals keep reminded his congressional Repub- voting for the Ten Commandments. I people alive. If we turn our backs on licans to keep their feet on the ground thought instead I was voting for a rea- them and say that because we are en- and to realize there are real people out sonable legislative attempt to bring meshed in some theoretical budgetary there who, frankly, are going to be in- this budget into balance. debate we can ignore what is happening jured and damaged and their lives But I will tell you that at this point to these hospitals, we are making a se- changed if congressional Republicans in time I don’t believe Senators on ei- rious mistake. Some of the hospitals have their way in this budgetary proc- ther side of the aisle can ignore what is may close, some will merge, some will ess. Governor Bush is on the right happening across America when it be bought out, some may keep the sign track. We will stay tuned to see if he comes to health care. on the door that you have seen for stays there. I support the legislation introduced years, but what is going on inside the I sincerely hope before we leave and by Senator DASCHLE this morning. I hospital is going to change. It is going before we think we have completed our have my own bill, introduced a few to change for the worse instead of the responsibility that we will pass a budg- days ago, which is very similar which better. et we can explain to American families tries to come to the rescue of many of When we consider sense-of-the-Sen- is in their best interests. these hospitals across America. ate resolutions that try to strike some I yield the floor. I am worried about the sense-of-the- position of principle—and I respect the Mr. BYRD. Mr. President, yesterday Senate resolution that is pending now Senator from Oklahoma for his point of afternoon I voted against Senator before the Senate because it suggests view—I say: Let’s get down to the real HUTCHINSON’s amendment to transfer we can ignore problems such as this. world. $25 million from the budget of the Na- And we certainly cannot. Let’s be honest with the American tional Labor Relations Board (NLRB) As I travel across my State, I find people in the closing days of this budg- to increase funding for community hospitals are really in trouble, particu- et debate. And I sincerely hope we are health centers. I am not opposed to ex- larly teaching hospitals. In Illinois, we in the closing days of this debate. Let’s panding the services provided by com- have about 66 teaching hospitals. These tell them what is going on here. munity health centers—to the con- are hospitals where young men and We are no longer awash in red ink as trary, I believe they are an important women are learning to be the doctors we have been for 20 years. We are start- element in health care delivery in West of tomorrow. It is not the most cost-ef- ing to move toward a surplus. The Virginia. ficient thing to do at a teaching hos- economy is strong. We feel good about However, Mr. President, the National pital. You have to take extra time to that. We would borrow less from Social Labor Relations Board is also impor- teach, and many insurance companies Security this year, if it is held to $5 tant to West Virginia. During the first don’t want to pay for that now that billion, than probably any year in re- half of this century, labor conditions in Medicare is not reimbursing ade- cent memory, and all of it will be paid West Virginia coal mines, and the re- quately for it. Hospitals come to me— back with the interest. We would use it sulting growth in unions, led to a vir- St. Francis Hospital in Peoria, St. to meet emergency needs of America— tual state of war, in some instances.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11780 CONGRESSIONAL RECORD — SENATE October 1, 1999 Having an orderly process in place to that tax and purchase Treasury bonds. for the last 16 years and that the resolve these kinds of issues, such as When the Treasury is purchasing lockbox saves Social Security. It does that managed by the NLRB, helps to Treasury bonds from itself, Treasury not. What the lockbox does is say to keep management-labor-union rela- ends up with cash. people who are paid by the hour, the tions on a civilized path. The question is—since 1983—what do median family who has $5,700 in payroll The National Labor Relations Board we do with that cash? We have been taxes, after shouldering all the burden is an independent agency created by using it to fund general government, for deficit reduction from 1983 to 1999, Congress to administer the National and the impact of that since 1983 is it is now their responsibility to pay Labor Relations Act, which is the pri- that people who get paid by the hour down the debt. On behalf of those peo- mary law governing the relationship are the ones who suffer. We make this ple, to keep Social Security as an in- between unions and employers in the appeal to people over the age of 65 for tergenerational program, I beg my col- private sector. The NLRB has two prin- political reasons: Do not raid Social leagues to finally decide: What will you cipal functions: first, to determine, Security. But the people who suffer and support? through secret ballot elections, if em- have been paying the price since 1983 I went to the University of Nebraska, ployees want to be represented by a are the American taxpayers, people graduated with a degree in pharmacy, union in dealing with their employers; who get paid by the hour. For the me- and was trained in demolitions in the and second, to prevent and remedy un- dian-income family earning $37,000 a U.S. Navy. I do not consider myself to fair labor practices by either employ- year, they will pay $5,700 in payroll be an intellectual giant. I am neither a ers or unions. The NLRB investigates taxes and $1,300 or $1,400 in income Rhodes scholar nor some sort of scho- violations of the National Labor Rela- taxes. Since 1983, they have shouldered lastic achiever. I do not consider my- tions Act, seeks voluntary remedies to a disproportionate share of deficit re- self to be intellectually superior to violations, and adjudicates those busi- duction. Now that the deficit is gone, anybody in this place. An average nesses that refuse to comply with the guess what they get to do. They get to staffer with an hour’s worth of work Act. shoulder all the debt reduction. This can present to any Member of Congress Opponents of the NLRB have been does not save Social Security. What the options that are available to us. eager to eliminate it in recent years, this does is save us from having to This is not complicated. This is not but have not had much success in doing make a change. That puts a tremen- youth violence. This is not the deterio- so on the merits. Instead, they have dous burden upon people who are paid ration of the American family. This is been attacking its financing. The by the hour. not lots of issues that are complicated. NLRB’s budget has not kept pace with What we ought to be doing is debat- We have a liability that is too big, inflation over the last six years, and, ing reducing that burden, not, in my and for 150 million beneficiaries who even though the case load has de- judgment, making a play for people are now charged with the responsi- creased since last year, overall, staff- over the age of 65 and saying we have bility of paying down all the debt with ing levels have fallen at a greater rate. been raiding the trust. We have not. We their payroll taxes, they face a 25- to The NLRB had 6,198 unfair labor prac- have not been raiding the trust fund 33-percent cut in their benefits. We are tice cases pending initial investigation since 1983. The trust fund has been not keeping the promise to them, and at the end of Fiscal Year 1998. The building up, and those Treasury bonds we are making an appeal to people over Hutchinson amendment, according to are valuable. They earn interest. In the age of 65, saying: The lockbox saves the NLRB, would have caused them to fact, there is $40 billion worth of inter- you. Nonsense, it does not. process six thousand fewer cases, and est added on to the Social Security I know how difficult it is to finally cut all staff training and information trust this year as a result of paying for say this is what I choose because you technology activities in Fiscal Year the interest on those bonds. either have to increase taxes or you 2000. The people who suffer as a con- cut benefits. There are no other mag- I support community health centers. sequence of Congress’ delay on fixing ical choices. There is not any other They provide a vital service to low in- Social Security are 150 million Ameri- choice. You either cut the benefits in come persons who cannot afford health cans under the age of 45. If you are the future or you increase taxes. I wish insurance. However, in my opinion, it under the age 45 and you are watching there were some other choice, but is not practical to underfund one valu- Congress say, ‘‘Let’s fix Social Secu- there is not. able program in order to fund another. rity’’ and do nothing, what you ought I hope Americans, as they hear this Rather, I would prefer to see the funds to be saying is: Mr. Congressman, when debate about raiding Social Security, come from other sources less disruptive are you going to fix it? will understand we are not, in my view, to agencies as valuable to our nations’ Why do we not fix it? You can see it. raiding Social Security. What we are laborers as the NLRB. I was watching the news this morning. saying is that we are going to postpone The PRESIDING OFFICER (Mr. I saw Ken Apfel, the head of the Social fixing Social Security because we are VOINOVICH). The Senator from Georgia. Security Administration, in an inter- afraid of people over the age of 65. We view with Katie Couric, proudly telling are afraid they cannot stomach the f about a letter he is sending out to So- truth. I believe that is wrong. They can MORNING BUSINESS cial Security beneficiaries telling them stomach the truth. They want to know Mr. COVERDELL. Mr. President, I what they are going to get when they the truth. They want the facts. They ask unanimous consent that the Sen- retire. He left one thing out. If they are are patriotic; they love their country; ate proceed to a period of morning under 45 and they get a letter in the they love their kids and grandkids; and business with Senators permitted to mail that says ‘‘this is what your bene- they want to make certain their future speak for up to 10 minutes each. fits are going to be,’’ Mr. Apfel is not is secure and sound and that Social Se- The PRESIDING OFFICER. Without informing those beneficiaries that un- curity is going to be there for them objection, it is so ordered. less Congress increases taxes, there is when they become eligible. f going to be a 25- to 33-percent cut in I hope we are able to take action on benefits, according to the Social Secu- the Balanced Budget Restoration Act FINALLY FIX SOCIAL SECURITY rity trustees. He is not informing them that Senator DASCHLE has introduced. Mr. KERREY. Mr. President, I heard of that, and he is not informing them But I hope in this budget debate as an exchange earlier between the Sen- that Social Security, for that low- and well, we will finally recognize the soon- ator from Iowa and the Senator from moderate-wage individual, is not a very er we fix Social Security, the smaller Oklahoma who talked about raiding generous program. If you live very long the changes will have to be. The people the Social Security trust fund. We have after the age of 65, God help you if that who are going to suffer the con- not been raiding the Social Security is all you have. sequences today may not be us. We trust fund for the last 16 years. What Those of us who have been arguing may be able to get by the next election we have—since 1983—is a tax that gen- we need to fix Social Security get a lit- by fooling people about what we are erates revenue in excess of what we tle irritated when we hear people say doing. But the people who are going to need. The law says we have to take we have been raiding Social Security suffer are 150 million Americans under

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11781 the age of 45 who are not going to be Some estimates have been as high as lockbox concept, which is to limit Gov- happy when they wake up on Christmas $5 billion. I would work to delay the ernment spending to the revenues de- morning and go down and check the bill if I did not have assurances from signed for Government spending, and sock and find out there is a third less the majority leader that the conference not to have general Government spend- in it than they were told, by the Social reports will not touch the Social Secu- ing come out of the revenues designed Security Administration, was going to rity surplus, even if Senate appropria- to provide for the retirements of Amer- be in it. tions have, that the entirety of the ica’s workers. Mr. President, I appreciate your in- package of bills we send to the Presi- The House of Representatives passed dulgence and I yield the floor. dent after negotiation with the House the Herger bill which created a super- The PRESIDING OFFICER. The Sen- will not touch the Social Security majority point of order of protecting ator from Missouri. trust fund. Social Security. Mr. ASHCROFT. Mr. President, may The majority leader has worked tire- These actions demonstrate a strong I inquire as to the state of the pro- lessly to protect the Social Security commitment and dedication to proceedings? trust fund. I commend him for it, and tecting every dollar of the projected The PRESIDING OFFICER. We are in I appreciate his ongoing effort. Social Security surplus to shoring up morning business with each Senator Furthermore, the Congressional Social Security, making sure we treat having 10 minutes to speak. Budget Office has stated in a letter to it with integrity. In addition, a majority of Senators f Speaker HASTERT that the House plan to spend $592.1 billion will not touch have repeatedly voted for the Abra- PROTECTING SOCIAL SECURITY the Social Security trust fund. ham-Domenici-Ashcroft Social Secu- Mr. ASHCROFT. Mr. President, I will If we do dip into the Social Security rity lockbox provision. Unfortunately, try to say what I have to say in less trust fund this year, it would erase all the lockbox, which was approved by than 10 minutes, especially because of the hard work we have undertaken to the House, has been endorsed by the my regard for my esteemed colleague protect Social Security. President, and a majority of the Senate from the State of Connecticut, who I In January, President Clinton pro- has been held hostage in the Senate by see has entered the Chamber. posed bleeding $158 billion out of Social those on the other side of the aisle. I appreciate the intensity and com- Security surpluses over the next 5 Despite this setback, we have made mitment of the Senator from Ne- years. This Congress objected to Presi- great progress in protecting Social Se- braska. He is correct; we do not have dent Clinton’s proposal, and I am glad curity, the integrity of the fund, and on the drawing board a long-term re- to say that the Congress got the Presi- limiting the kind of spending that mediation for the long-term problems dent to change his mind and to take far would jeopardize our capacity to make of Social Security. But if we just spend less out of the Social Security sur- good on our commitments at some date and spend and spend so we continue to pluses over that 5-year period of time. when Social Security needs to call upon us. elevate the debt of the United States I wish I could say that he had agreed to The most important thing we can do rather than curtail the spending by not take none, and sometimes he rep- spending the Social Security surplus, right now is demonstrate our commit- resents it that way. ment to protecting every cent of Social we are going to make it more difficult, In the President’s midsession review Security resources to make sure they when the time comes, to pay for the of the budget process, he said that So- are available for Social Security and to Social Security benefits for which we cial Security surpluses should be spent make sure they are not spent on the are committed to pay. for Social Security, period. That is operations of Government generally. So I think it is important not to right. That is the Social Security This is a plan that we have agreed to spend Social Security surpluses to ex- lockbox philosophy. Unfortunately, his under the budget resolution. We prom- pand Government and to make Govern- new budget still took $30 billion out of ised the American people that Social ment more and more committed and Social Security over the next 10 years, Security surpluses will be reserved for deeper and deeper in debt. It is a major but that is a lot better than $158 bil- Social Security, and now is the time benefit to the future of this country if lion. I commend the President for mov- when we are testing that resolve. we decide to refrain from spending So- ing so aggressively in the direction of Last year, when faced with this test, cial Security surpluses, which will the Congress. Congress failed, agreeing to an omni- allow us to protect the integrity, not Still the President’s midsession re- bus appropriations bill that raided— only of Social Security, on a more per- view, while it is a vast improvement, and I think that is the right word—$21 sistent basis, but certainly to protect and Congress has succeeded in moving billion from our retirement security the integrity of the finances of this him as far as he has moved, it is not far fund. I voted against the bill but was Government so when the time comes enough. We need to work throughout unable to prevent the raid by doing so. for us to make payments, we will have this year to demonstrate our commit- This year, we have all been com- the fiscal integrity to do so. ment to protect every single penny of mitted to completing all our spending I know we are in morning business, the Social Security trust fund. bills on time and avoiding the omnibus but particularly today I rise to com- In April, we passed a budget resolu- spending train wreck such as we saw in ment on and to support the Nickles tion that does not spend 1 dime or 1 last year’s $21 billion raid. amendment to the Labor-HHS appro- cent of the Social Security trust fund I approve of this plan, but a nec- priations bill. I support the amendment surplus. In addition to protecting the essary element of the plan is that Con- because it puts the Senate on record Social Security surplus, the budget res- gress not spend resources on operating demanding we protect the Social Secu- olution sticks to the spending caps Government that were destined to and rity trust fund from being raided to from the 1997 balanced budget agree- designed to support the Social Security pay for other Government spending. ment. It cuts taxes and increases trust fund. The less we go into debt for other Gov- spending on education and defense. The Nickles amendment would put us ernment spending, the more likely we In addition to ordering our spending on record stating we categorically op- are to be able to honor the claims of priorities correctly, the budget resolu- pose a raid on our retirement system Social Security. tion contained a majority point of and will support spending cuts to let us So the theft of Social Security funds order preventing the use of Social Se- meet that goal. As I said, according to this year must stop. We should stop curity surpluses for non-Social Secu- unofficial Budget Committee esti- spending as if Social Security were a rity purposes. The Senate voted unani- mates, the Congress is now poised to funding resource for all kinds of other mously in favor of this point of order. spend as much as $5 billion out of the spending programs. I am concerned the I had the privilege of sponsoring this Social Security trust fund. If that is Labor-HHS bill will result in the Sen- particular provision, and since that the case, I will vote against any plan ate’s completion of all 13 appropria- point, the Congress has continued that would do so. We must avoid filch- tions bills and, as a result, perhaps along its responsible spending path and ing resources from the Social Security take us into the Social Security trust has also repeatedly demonstrated its trust fund to support the operations of fund. commitment to the Social Security Government.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11782 CONGRESSIONAL RECORD — SENATE October 1, 1999 This spending bill, the Labor-HHS problems which the committee, or Bristol, CT—the ESPN Network which fiscal year 2000 appropriations bill, is later the task force, would have ad- turned 20 years old last month, on Sep- the last of the 13 appropriations bills to dressed are real, as every family in tember 7. The folks at ESPN aired an reach the floor. It is also the largest of America knows when their children anniversary special that night duly the nondefense discretionary appro- turn on the television or go to a movie celebrating the network’s unique con- priations bills. If the estimates about or listen to a CD or play a video game. structive contribution to our culture, this year’s spending that I have re- The problems are not only real, but and yesterday there was a congres- ferred to are correct, we are going to they are actually relevant to so many sional reception in honor of that anni- dip into Social Security, and this is the of the matters we more formally dis- versary. bill that will push us over the edge. For cuss on the floor of the Senate—such as Those of us who attended not only this reason, I commend Senator NICK- the solitary explosions, violent crimi- had the chance to toast ESPN but to LES for bringing up this amendment on nal behavior, problems such as teenage meet an extraordinary group of Amer- this bill at this time. pregnancies, I think all of which are af- ican heroes: boxing legend Muhammad Now is the time for us to stand up fected by the messages our culture Ali, football great Johnny Unitas, and and say we will not support taking any gives our children and, indeed, adults Olympian Carl Lewis. money out of the Social Security trust about behavior. Of course, I am talking So I take the floor to pay tribute to fund to finance the operations of Gov- about the hypersexual content, one of my favorite corporate constitu- ernment. Making sure that Social Se- hyperviolent content in too much of ents, and I think one of America’s fa- curity funds do not go for anything our culture. vorite networks. other than Social Security is essential In this case, this effort by Senator The story of how ESPN came to be is to the protection of long-term Social BROWNBACK, with the withdrawal of the really an American rags to riches clas- Security integrity. amendment last night, was not to cul- sic, and that network’s unbreakable Social Security is expected to meet minate successfully. But the battle will bond with the small Connecticut city all of its obligations until the year go on. of its founding is part of that story. 2034—until then. Starting in 2014, how- Clearly, the standing committees of Bristol, CT, population 63,000, is a ever, Social Security will begin spend- the Senate will—I certainly hope they wonderful town, 20 minutes west of ing more than it collects. It will begin will; I am confident they will—con- Hartford. Most famous previously for spending the trust fund, the surpluses. tinue to pursue cultural questions be- being the cradle of clockmaking during By saving Social Security surpluses cause they are so important, they are the industrial age, Bristol seemed an and using those surpluses to pay down so central to the moral condition and unlikely candidate to emerge as the the debt, Congress will ensure the Na- future of our country. I look forward to cradle of electronics sports media, but tion is on secure economic footing working on those with Senator BROWN- it did. Believe it or not, ESPN probably when Social Security surpluses dimin- BACK and other colleagues as we go for- would not exist today—certainly not in ish and then disappear. If we do not ward. Bristol—if the old New England save Social Security now, it will make f Whalers of the World Hockey Associa- it that much harder for us to meet our HONORING 20TH ANNIVERSARY OF tion had not had a disappointing sea- own obligations later. THE ESPN NETWORK son in 1978. We need to protect Social Security The Whalers’ public relations direc- now for the 1 million Missourians who Mr. LIEBERMAN. Mr. President, I tor, a man named Bill Rasmussen, one receive Social Security, for their chil- note there is a rule in the Senate of several employees to lose his job in dren, and their grandchildren. We need against using props. I, just for a mo- a front-office shakeup at the end of to protect Social Security now, and ment, ask unanimous consent for a that season, decided he had an idea he this bill fails to do that. It certainly transitional prop, if I might briefly wanted to try. He was a Whalers man threatens not to do it, and it is time hold this up. at heart, and he figured he could stay for us to vote in favor of the Nickles The PRESIDING OFFICER. Without involved with his team by starting a amendment, and to vote against any objection, it is so ordered. new cable television channel that plan that would invade the Social Se- Mr. LIEBERMAN. I thank the Chair. would broadcast Whalers games state- curity trust fund. This is my favorite ESPN parka. It wide. He even had a second-tier dream It is for this reason I urge my col- gives you an indication of about what I of someday possibly broadcasting Uni- leagues to support the Nickles amend- am going to speak. It is in some sense versity of Connecticut athletics statement calling for the full protection of as cultural as the first part of my com- wide as well. our Social Security resources. ments. It does involve the influence of I thank the Chair. television on the American culture. Rasmussen rented office space in The PRESIDING OFFICER. The Sen- But today, in this part of it, the news Plainville, CT, near Bristol, and ator from Connecticut. is good and the occasion is one to cele- thought up the name Entertainment Mr. LIEBERMAN. I thank the Chair. brate, particularly for those who may and Sports Programming Network, or ESPN. But before he had even un- f find some meaning in words that might confuse visitors from another planet, packed in Plainville, he ran into his SPECIAL COMMITTEE ON such as ‘‘en fuego’’ or ‘‘boo-yaah.’’ first problem—the town had an ordi- CULTURAL MATTERS Twenty years ago, a small cable tele- nance which prohibited satellite dishes. Mr. LIEBERMAN. Mr. President, last vision enterprise, tucked away in the Undeterred, Rasmussen scrambled to evening after the final vote occurred, woods of central Connecticut, intro- nearby Bristol, found a parcel of land my friend and colleague from Kansas, duced itself to America with these in an industrial park in the outskirts Senator BROWNBACK, took the floor and words: of the city, which he promptly bought, offered an amendment which he then If you’re a fan, what you’ll see in the min- sight unseen, I gather, for $18,000. The withdrew. I was not able, because of utes, hours and days to follow may convince rest, as they say, is history. my personal schedule, to be here at you that you’ve gone to sports heaven. Today, ESPN, from this same loca- that time. But as an original sponsor of True to that prophecy, the past 20 tion, generates $1.3 billion a year in the original legislation offered by Sen- years have marked our national ele- revenues and is seen in more than 75 ator BROWNBACK, which would have vation into another world of sublime million American homes. created a special committee on cul- sports saturation. ESPN realized that second-tier tural matters, I did want to simply say In recognition of its outstanding con- dream that Rasmussen had. Earlier a few words about this. tribution in shaping the sports enter- this year, his station provided exhaus- I know this became controversial tainment industry, I wish to speak tive coverage of UConn athletics when within the Senate, but I felt from the today—and I believe I speak for all of the Huskies won the NCAA men’s bas- beginning that Senator BROWNBACK’s my colleagues, at least a great major- ketball championship—only the game intentions were not only worthy but ity—in offering our kudos to an Amer- was not broadcast statewide; it was they were relevant; that the cultural ican sports institution and the pride of broadcast worldwide.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11783 Twenty years after its founding, is endearingly referred to on the air. stomach. Fortunately, Mrs. Robbins ESPN commands an international au- ESPN maintains its foothold in the survived this violent assault, but, sadly dience that watches every sport—from same industrial park where it began 20 and tragically, her uterus ruptured baseball to badminton to Australian years ago, although the Bristol cam- during the attack, expelling the baby rules football. The network’s flagship, pus, as it is now called, spans today 43 into her abdominal cavity, causing this SportsCenter, is currently the longest acres and the network has 210 employ- little child’s death. running program on cable television, ees. We in Connecticut are very proud A prosecutor sought to prosecute the with more than 21,000 episodes logged— of this relationship and particularly of airman for the little girl’s death, but truly, the Cal Ripken of network tele- ESPN’s leaders and broadcasters who neither the Uniform Code of Military vision. have happily put down roots and raised Justice nor the Federal code makes In a measure of its enormous influ- their families in central Connecticut. criminal such an act, such an act ence on our culture, the catch phrases I think John Leone, former mayor of which results in the death or injury of coined by SportsCenter’s quick-witted Bristol, now head of the Bristol Cham- an unborn child. So they had to look anchors routinely find their way into ber of Commerce, may have summed up outside the Federal code, outside that the American vocabulary, such as the the relationship between the city and law. The only available Federal offense aforementioned ‘‘en fuego’’ and ‘‘boo- its network best when he said: actually was for the assault on the yaah.’’ In New York, ESPN would be just another mother. That, of course, is a Federal The program also has broadened network. Here in Bristol, ESPN is the king. offense. sports appeal by peppering broadcasts So to the king of Bristol—and their This was a case in which the only with references to literature, history, royalty of American sports television— available Federal penalty obviously did and other high-minded fields not al- I say happy 20th, ESPN, and many not fit the crime. So prosecutors ways connected with sporting events. more. looked outside Federal law, used Ohio The father of this breed of broad- Before I yield the floor, I want to law, and then bootstrapped—if we can casting, of course, is Chris Berman, give a special thank you to Eric use the term—the Ohio fetal homicide probably my most famous constituent. Kleiman of my office staff who truly law to convict Mr. Robbins of Jas- He was hired from a Waterbury, CT, inspired this statement of gratitude mine’s death. This case is currently radio station at the age 24 to become and tribute to a great television net- pending appeal. We certainly hope jus- one of ESPN’s pioneering voices. What work. tice is done. It is being appealed under a great professional and source of great I thank the Chair and suggest the ab- the theory that if it was not in fact a joy Chris Berman is. sence of a quorum. Federal offense, you could not use the A testament to his place among The PRESIDING OFFICER. The assimilation statute to bring this into sportscasting greats can be heard clerk will call the roll. the court using the Ohio law. across ballparks in America each time The bill clerk proceeded to call the If it weren’t for the Ohio law that is a home run ball is struck. If you listen roll. already in place and that the Presiding closely, as the ball nears the fence, you Mr. DEWINE. Mr. President, I ask Officer of the Chamber was very instru- may think that the ballfield is being unanimous consent that the order for mental in getting passed and signed overtaken by a herd of chickens cluck- the quorum call be rescinded. into law, there would have been no oping: ‘‘Back, back’’—I am restraining The PRESIDING OFFICER. Without portunity to prosecute and punish Air- myself here on the floor, Mr. President, objection, it is so ordered. man Robbins for the assault against but you get the idea—‘‘back, back, f baby Jasmine. back, back, back,’’ in homage to the We need a Federal remedy to avoid UNBORN VICTIMS OF VIOLENCE Swami’s classic call. Berman is also having to bootstrap State laws and to ACT the father of the modern sports nick- provide recourse when a violent act oc- name, concocting such classics as: Burt Mr. DEWINE. Mr. President, yester- curs during the commission of a Fed- ‘‘Be Home’’ Blyleven, John ‘‘I Am Not day my colleagues in the Senate, Sen- eral crime, especially in cases when the A’’ Kruk, and Roberto ‘‘Remember ator HELMS, Senator ENZI, Senator State in which the crime occurs does The’’ Alomar. There are certain indi- VOINOVICH, Senator Tim HUTCHINSON, not have a fetal protection law in viduals unnamed in the Democratic and Senator NICKLES, introduced a bill place, because there are some States Cloakroom who have attempted to that would establish new criminal pen- that simply do not. emulate this style of nicknaming for alties for anyone injuring or harming a There are other sickening examples sports figures, and they are not doing fetus while committing another Fed- of violence against innocent unborn badly. Oh, and lest we forget another eral offense. By providing a Federal children. An incident occurred in Ar- household name, ESPN introduced us remedy, our bill, the bill we are calling kansas just a few short weeks ago. to the man who genuinely put the the Unborn Victims of Violence Act, Nearly 9 months pregnant, Shawana ‘‘Madness’’ into March Madness—the will help ensure that crimes against Pace of Little Rock was days away nattering nabob of Naismith, the great unborn victims are in fact punished. from giving birth to a child. She was Dick Vitale. The House passed their version of this thrilled about the pregnancy. Her boy- So thanks to Chris Berman, to Dick bill yesterday by a vote of 254 to 172. friend, Eric Bullock, did not share her Vitale, and to all the others who have Tragically, unborn babies, perhaps joy and did not share her enthusiasm. made ESPN part of our lives. more than we realize, are the targets— In fact, Eric wanted the baby to die. So ESPN is today to sports what Walter sometimes intended, sometimes other- he hired three thugs to beat her, and to Cronkite once was to politics and pub- wise—of violent acts. That is why we beat her so badly that she would lose lic affairs—the authoritative voice fans need to pass this bill. this unborn child. During the vicious turn to when a major story breaks. As Let me give several very disturbing assault against mother and child, one political columnist George Will once real-life examples. of the hired hitmen allegedly said—and wisely said: ‘‘If someone surrep- In 1996, Airman Gregory Robbins and I quote—Your baby is going to die to- titiously took everything but ESPN his family were stationed in my home night. from my cable television package, it State of Ohio at Wright-Patterson Air Tragically, the baby did die that might be months before I noticed.’’ Force Base. At that time, Mrs. Robbins night. Shawana named the baby Heav- Mr. President, I ask unanimous con- was more than 8 months pregnant with en. We all should be saddened, we all sent for 3 more minutes. a daughter whom they would name should be sickened, by the sheer inhu- The PRESIDING OFFICER. Without Jasmine. manity and brutality of this act of vio- objection, it is so ordered. On September 12, 1996, in a fit of lence. Mr. LIEBERMAN. Despite ESPN’s rage, Airman Robbins wrapped his fist Fortunately, the State of Arkansas, national prominence and its countless in a T-shirt to reduce the chance he like Ohio, passed a fetal protection law opportunities to relocate to a larger would inflict visible injuries and then which allows Arkansas prosecutors to media market, the network has stead- savagely beat his wife by striking her charge defendants with murder for the fastly stayed with bucolic Bristol, as it repeatedly about the head and the death of a fetus. Under previous law,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11784 CONGRESSIONAL RECORD — SENATE October 1, 1999 such attackers could be charged only posely drafted this legislation very step forward because since the passage with crimes against the pregnant narrowly. For example, it would not of the Act 36,000 American children woman. That is under the old law, as in permit the prosecution for any abor- have been placed in foster care while the case of Baby Jasmine’s death in tion to which a woman consented. It 15,000 foreign children have found per- Ohio, but for the Arkansas State law, would not permit the prosecution of a manent homes—all with wonderful there would be no remedy—no punish- woman for any action—legal or ille- families throughout America. More- ment—for Baby Heaven’s brutal mur- gal—in regard to her unborn child. over, at least 35 States were acknowl- der. The only charge would be assault That is not what the intent of this leg- edged for their outstanding work in against the mother. islation is all about. This legislation, this area at the White House ceremony Another example: In the Oklahoma further, would not permit the prosecu- last week. City World Trade Center bombings— tion for harm caused to the mother or In some States, the increases have here, too—Federal prosecutors were unborn child in the case of medical been 20 percent over last year’s num- able to charge the defendants with the treatment. The bill would not allow for bers, while others have seen 50- to 70- murders of, or injuries to, the mothers the imposition of the death penalty percent increases over the previous —but not to their unborn babies. under this act. year. This has occurred because the Again, Federal law currently only pro- It is time we wrap the arms of justice law we passed gave the necessary tools vides penalties for crimes against born around unborn children and protect to parents, social workers, community humans. There are no Federal provi- them against criminal assailants. activists, and to local elected officials sions for the unborn, no matter what Those who violently attack unborn ba- so that the dream of a family became a the circumstances, no matter how hei- bies are criminals. The Federal penalty reality for these 36,000 children. nous the crime. This clearly is wrong. should, in fact, fit the crime. I strongly The problem is we still have over Within the Senate, we have the urge my colleagues to support our leg- 500,000 children waiting for a family to power to do something about this, to islation. We have an obligation to our call their own. Through this bill, many rectify this wrong, to change the law. unborn children. This bill will bring of the children in foster care, who That is what our bill is intended to do. about justice. It is the right thing to range from all ages, races, medical con- It is wrong that our Federal Govern- do. ditions, and backgrounds, will be able ment does absolutely nothing to crim- I thank the Chair and yield the floor. to one day return to their biological inalize violent acts against unborn Ms. LANDRIEU addressed the Chair. families. However, despite our best ef- children. We must correct this loop- The PRESIDING OFFICER. The Sen- forts, unfortunate circumstances exist hole. I think most Americans would ator from Louisiana is recognized. which prevent some of these children look at it that way and say that is a Ms. LANDRIEU. Mr. President, I ask from returning home. Consequently loophole that should not exist. Con- unanimous consent to speak for 15 min- these children must be moved to a per- gress should change this. We must cor- utes. manent place. The Adoption and Safe rect this loophole in our law, for it al- The PRESIDING OFFICER. Without Families Act will provide the tools for lows criminals to get away with vio- objection, it is so ordered. us to help these children in terms of lent acts—and sometimes even allows f guidelines and the necessary resources. them to get away with murder. Again I want to thank all the mem- We, as a civilized society, should not, ADOPTING A CHILD bers, particularly Senators ROCKE- with good conscience, stand for that. Ms. LANDRIEU. Mr. President, I rise FELLER and CHAFEE, for their leader- That is why our bill would hold crimi- this afternoon to speak on a subject ship in making this law possible. It is nals liable for conduct that harms or that is very important to many Mem- working and we just need to continue kills an unborn child. It would make it bers of this body. In fact, Senator our efforts because many children are a separate crime under the Federal DEWINE from Ohio has been one of the still waiting for a home to call their Code and the Uniform Code of Military leading advocates for adoption. Before own. Justice to kill or injure an unborn he leaves the floor, I wanted to ac- child during the commission of certain knowledge that. He, along with many That leads me to the next three existing Federal crimes. Members, including the occupant of the points. Our bill, the Unborn Victims of Vio- Chair, Senator VOINOVICH, have been We have accomplished some wonder- lence Act, would create a separate of- very active in the promotion of laws ful things. But in this Congress during fense for unborn children. It would ac- and policies that would help us to the next few weeks, some important knowledge them as the victims they reach our goal of finding a loving and tasks still remain to be finished. If we are. Our bill would no longer allow vio- nurturing home for every child in this fail, there will be several million chil- lent acts against unborn babies to be world that needs one. Many of us be- dren left waiting. considered victimless crimes. At least lieve that it is a fundamental right to Next week, under the leadership of 24 States already have criminalized grow up in a home with a family, as op- the distinguished Senator from North harm to unborn victims, so this is not posed to in a hospital, or some type of Carolina, Senator HELMS, we will be a new concept. Another seven States institution. having our first hearing on the Hague have criminalized the unlawful termi- I rise to bring the body up to date on Treaty, the International Convention nation of a pregnancy. some of the things that we have accom- for Adoption. The purpose of the hear- In November of 1996, a baby, just 3 plished and that we should be proud of, ing will be to consider the Intercountry months from full term, was killed in as well as some of the challenges that Adoption Act, legislation which seeks Ohio as a result of road rage. An angry are still before us as a Congress. In the to implement the objectives of this driver forced a pregnant mother’s car short time ahead, I am hopeful the ap- Treaty. I am an original cosponsor of to crash into a flatbed truck. Because propriate committees will have hear- this measure, along with Senator the Ohio Revised Code imposes crimi- ings on relevant legislation in order to HELMS, Chairman of the Senate For- nal liability for any violent conduct move the adoption debate along quick- eign Relations Committee, and the that terminates a pregnancy of a child ly. There are literally millions of chil- Ranking Member, Senator BIDEN from in utero, the prosecutor successfully dren and families depending on us to Delaware. tried and convicted the driver for reck- act. This Treaty is very important be- lessly causing the baby’s death. Our First, let me congratulate Senators cause, as we endeavor to ensure that bill would make an act of violence such CHAFEE and ROCKEFELLER for leading every child in America who needs a as this a Federal crime. It would make the successful effort last year to pass home will have one, it is also impor- sure it was always covered. This is a the Adoption and Safe Families Act. tant for us to realize that there are very simple step, but one that will Last week, President Clinton and Mrs. millions of children around the world— have a dramatic affect. It is, quite Clinton hosted the first awards cere- in South America, in Africa, in Latin frankly, a question of justice. mony associated with the passage of America, in Eastern and Western Eu- Let me make it clear to my col- that Act. The great news is that we rope, and Asia—who are growing up in leagues in the Senate that we pur- have taken a mighty and important horrible conditions. Some of them are

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11785 in institutions with unspeakable condi- ever, permit employees to use sick brings them into their home and pro- tions and there are others who are ac- leave or provide paid leave for birth vides them with the love of a family. tually living in the streets. parents, but do not provide these same We are happy for Anna and her new With all of our global successes, it is benefits for adoptive families. family. The flag flying over the Capitol appalling and unacceptable that these As an adoptive parent, I can cer- today will remind us of her arrival to conditions exist anywhere in the world. tainly attest to the fact that whether the United States and the thousands of We can do something about it. the child is biological or comes as a other children that have come from all Today, the Internet will allow us to gift through adoption, the stress on the over the world to find homes in Amer- do more than we ever dreamed pos- families are very much the same. This ica. sible—connecting families with chil- is why the expansion of the Family and In conclusion, a wonderful couple dren, allowing agencies to work more Medical Leave Act is so important. It that won an award was honored on the closely together, and, most impor- must include the thousands of families front steps of the Capitol earlier today tantly, allowing for improved commu- in our country who adopt either domes- for adopting not one, not two, but 30 nications between governments. The tically or internationally every year. children of all ages, races, physical language barriers are coming down as This inclusion will allow Congress to handicaps, and challenges. They re- technology opens up greater opportuni- say that building a family through ceived the Norman Vincent Peale ties. adoption is a blessing for children and Award for outstanding service to our But none of this can work without a parents. This is one important goal I country. I commend Penny and Chuck body of international law that gives us hope we can achieve this Congress. Hauer. the rules and regulations for how this In addition, I hope we can extend the Mr. President, I ask unanimous con- is going to take place. We must elimi- adoption tax credit we passed several sent to have an article printed in the nate the corruption, the outrageous years ago, which is now $5,000 based on RECORD about this couple. trafficking of children, and the ex- actual expenses, and double it, making There being no objection, the mate- traordinary fees that are sometimes it $10,000. This will make it real and rial was ordered to be printed in the being paid illegally. So if we are to workable, especially for those families RECORD, as follows: have protection for children, protec- who adopt special needs children. Some things are in short supply around tion for families, and protection for the Currently, this tax credit is working Penny and Chuck Hauer’s house: Toilet legal framework, this Treaty is abso- but it can be improved for those par- paper. Money. Bathroom space. lutely essential. ents who adopt special needs children— But not love. I urge my colleagues to pay special older children, handicapped children, It radiates in the heart-melting smiles of attention next week during this hear- children with special emotional chal- Carissa, brain-damaged as an infant, who is ing, and I urge them to learn more lenges, sibling groups, or international 17 and occupies a wheel-chair. It’s reflected in the sparkling eyes of Calli, about this issue, because there is some- adoption. Unless you can demonstrate who is 11 and has Down Syndrome and a huge thing we all can do; that is, to move all expenses in connection with the crush on skater Scott Hamilton. this piece of legislation forward with adoption you are unable to avail your- It zaps you like electricity in the gnarled the few minor differences that exist be- self of the tax credit. handshake of Clifton, who is 21 and has cere- tween both sides of the aisle, approve In many ways, when you take a spe- bral palsy and a fondness for country music. the treaty, and then implement it. cial needs child, there are no expenses In all, over 20-some years, the Hauers have If my colleagues are like me—and I associated with the adoption itself be- adopted 35 physically and/or mentally dis- think many of them are—when we get cause the agencies of course want to abled children of all races—black, white, Ko- rean, Hispanic. Nine have died. Others have a few minutes to watch television we place these children. I believe it would grown up and moved out on their own. can view programs such as Save the be in the best money this Congress All were among those hardest to find Children where there are thousands of could spend to provide tax credits, tax homes for, the ones nobody else wanted. children who are in need. I sit there credits to families who adopt hard-to- ‘‘The world says these kids should be in a and think about what I could do as one place children and sibling groups, and group home, or in a hospital or an institu- individual sponsoring one child. It does others with difficulties. tion,’’ says Penny Hauer. ‘‘That’s not our not seem to be enough. But in many in- The Government should state that if philosophy.’’ stances reaching out to sponsor that you will take a child into your home Sharing an eight-bedroom, three-bath home are 21 adopted siblings, ages 8 to 32, one child is quite enough. Millions of and call it your own, we will give you plus two of the Hauers’ five offspring and a Americans have the opportunity to do a $10,000 tax credit. A family who 7-year-old grandson. the same. would adopt two children would get a ‘‘It was a four-bedroom house but we’ve I am looking forward to the Senate $20,000 Federal tax credit. It is my hope made some revisions,’’ Penny Hauer says. Foreign Service Committee’s hearing that they would not have to pay Fed- ‘‘The living room is a bedroom. The dining on adoption next week. I am confident eral taxes for many years because room is a bedroom. that we can solve the differences that these families are doing something ‘‘Bath time can be a problem. If you want may exist among the interested parties great for their community and coun- a bath every night, fine—get in line.’’ who are working to move this impor- In a family tradition, the children all have try. names with C—Catey, Cotey, Courtney, Cur- tant legislation forward. Mr. President, in closing, let me tis, Colin . . . and on it goes. In addition to the implementation of show you a picture of a beautiful little Much has changed in the year since a this international Treaty, we are faced girl as an example of what I have been newspaper story introduced readers to this here in the United States with some talking about. This child is coming remarkable family and their battle with the additional challenges in our adoption from China. Her mother, Cheryl Social Security system. laws. One of the things we failed to ac- Varnado, wrote me a letter about little They’ve been on national TV. They’ve got- complish, which perhaps may have Anna Grace Cai Yong Lin. ten back in touch with a lost son. They’ve been an oversight when we passed the Her letter reads: Senator, would you made lots of new friends. And they have resolved the bureaucrats’ Family and Medical Leave Act, was a fly an American flag over the Capitol mess that threatened the $7,000 monthly requirement that employers offer adop- today so that I can give it to our little Supplemental Security Income funding the tive families the same benefits as birth girl in remembrance of her first day in family depends upon. families. the United States? The Hauers moved here from Montana in I believe the Family and Medical I commend the Government of China July 1997 because the kids were being ridi- Leave Act made progress toward equal for the wonderful work they are doing culed and mistreated in the school system treatment for adoptive families, but to provide homes for millions of Chi- there, the parents said. The sale of their discrepancies remain for adoptive fami- nese children. Today they are doing a Montana home fell through, leaving them lies who seek the same employee bene- much better job in this area. The chal- stretched beyond thin, paying two mort- gages. fits as birth families. This law enables lenges faced by this country are great. In August 1997, filing routine renewal both adoptive and birth families to There are over one million children forms at San Diego’s Social Security office, take up to twelve weeks of unpaid, job without families who will grow up in the couple dutifully reported their deeds on protected leave. Some employers, how- institutional care unless someone two homes. They were notified three months

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11786 CONGRESSIONAL RECORD — SENATE October 1, 1999 later that their assets exceeded government Sebaugh said her group will be helping the our Nation, the relationship of each of allowances for Supplemental Security In- family over the holidays again this year. the branches of Government carrying come. ‘‘We will make sure Santa’s there for out their appropriate responsibilities. With help from an attorney and Rep. Dun- Christmas,’’ she said. ‘‘I know they could use The reticence I had to discuss this can Hunter, R–E1 Cajon, the Hauers kept the a couple of extra bedrooms. I don’t know if checks coming while they appealed. Finally, we can do anything (about that), but we’re issue was overcome when I heard some in April, they solved the problem by selling going to try.’’ of the comments made about our Jus- the $600,000 Montana home to a Vista couple Someone else who has fallen for the Hauers tice Department and about our Attor- for $225,000. is Robert Stein of New York. An HBO pro- ney General relative to the decision Still, making ends meet is a struggle. The ducer of in-house promotional videos, he saw made to file civil claims on behalf of payment on the East County home is $3,000 a Penny Hauer’s brief appearance on the the Federal Government and the citi- month, groceries $2,000. The family goes ‘‘Rosie O’Donnell’’ show in February and was zens of the United States against the through three loaves of bread a day, two gal- deeply moved. lons of milk and two boxes of cereal. tobacco industry. Since then, Stein has spent several days The purpose of my remarks this Other changes have occurred. The Hauers with the family over repeated visits, filming have re-established contact with an adult a documentary at his own expense that he afternoon is not to rebut comments son who was living on the streets in San intends to pitch to his cable network. made elsewhere; rather, it is my pur- Diego a year ago. They say he’s in an apart- ‘‘I was truly impressed witnessing these pose to remind our colleagues of the ment now, doing fine. kids. They really do have a strong sense of bedrock principles upon which this Chuck Hauer, 61, quit his part-time job be- love for each other,’’ he said. body, upon which our Federal Govern- cause of high blood pressure. He gets a small Stein said the Hauers’ story could open ment operates, the rule of law and the pension from General Tire and Rubber in more eyes and hearts to the disabled. Akron, Ohio, where he worked until 1982 as a separation of powers. ‘‘People see disabled or handicapped kids The level of rhetoric on the question quality-control inspector. or adults in the street, and a lot of times Penny, who discloses her age to no one, has of whether the Federal Government people look down . . . or write them off as resumed volunteer work she gave up nine people they can’t connect with,’’ he said. should have initiated civil litigation years ago when the family moved from Ohio ‘‘These people have been very selfless as far against the tobacco industry has been to Montana. From her bedroom, she makes as welcoming kids who may not have had a very high. The level of analysis, unfor- calls for a Toledo agency, Adopt America family life. tunately, in my opinion, has been quite Network, trying to match disabled children ‘‘They’ve really nurtured kids who may with families who will take them. shallow. In their haste to spring to the In three-ring binders, she has thumbnail have been forgotten in the system, and tobacco industry’s defense and to, once descriptions of hundreds of kids and poten- they’ve really blossomed.’’ again, heap partisan abuse upon the tial adoptive families in the agency’s nation- Ms. LANDRIEU. Obviously, there are Attorney General and the Justice De- wide system. She gets new ones in every many great things we can do in this partment, some Members of Congress Monday’s mail—two to five families, 10 to 20 Congress to promote adoption. Many of have disregarded the very nature of our children. them have already been accomplished. ‘‘In Los Angeles County (alone), each case- system of government. worker has 100 kids. They don’t have time to However, there is much more that I have heard it said the Justice De- make the matches,’’ she said. ‘‘Somebody’s should be done, beginning with ac- partment suit violates both separation got to do it.’’ knowledging the great work of every- of powers and the rule of law. In my Although there are never enough families, one who has worked on this issue in opinion, these accusations turn the Penny Hauer is determined to make a dif- America and around the world. Finally, structure of our Government com- ference. She tells excitedly of hooking up an I am delighted that we are taking the pletely on its head. Nearly 200 years Ohio couple just last week with three sib- necessary time today to bring this im- ago, Chief Justice John Marshall ex- lings, ages 2 to 4, in Escondido. ‘‘I’m always looking,’’ she said. ‘‘I want portant issue to the attention of all of plained the powers of our coordinate these kids to have a home.’’ our colleagues. branches of Government. In Marbury v. The Hauers’ own story dates to the mid- I yield back the remainder of our Madison, the seminal decision which ’70s, when they took in Charity April, a tot time and I suggest the absence of a established the concept of judicial re- with cerebral palsy. The couple, then with quorum. view, the Chief Justice wrote: The pow- four biological kids of their own, fell in love The PRESIDING OFFICER (Mr. ers of the legislature are defined and with the foster child and realized there were HAGEL). The clerk will call the roll. limited and that those limits not be many more like her in need. ‘‘We just decided to start adopting—not to The legislative assistant proceeded mistaken or forgotten, the Constitu- adopt 35, but that’s just what’s transpired to call the roll. tion is written. over the years,’’ Penny Hauer said. ‘‘One Mr. GRAHAM. Mr. President, I ask The Chief Justice went on to say it is takes all your undivided attention. When unanimous consent that the order for emphatically the province and duty of you have a group of children, they interact the quorum call be rescinded. the judicial department to say what with each other. The PRESIDING OFFICER. Without the law is. Everyone has chores: Charity, 24, changes objection, it is so ordered. For the last 200 years, the American diapers for seven incontinent siblings. Cristy, 21, helps cook. Chet, 18, takes out the Mr. GRAHAM. Mr. President, I un- people have understood the respective trash. derstand we are in morning business roles of the three branches of Govern- And the family may be growing. The with a 10-minute restriction on length ment. As the national legislature, our Hauers have applied to adopt four more dis- of comments. duty as Congress is to find and limit it abled orphans. The PRESIDING OFFICER. The Sen- to the role of making law. It is the ex- ‘‘I think when they carry me out of the ator is correct. ecutive branch’s role, in part through house and I’m gone and dead, there’s going the Justice Department, to enforce to be somebody wrapped in my arms, because Mr. GRAHAM. I ask unanimous con- that’s just the way I am,’’ Penny Hauer said. sent to be able to speak for 20 minutes. that law. It is the Judiciary’s role to Today, the Hauers will squeeze some extra The PRESIDING OFFICER. Without interpret the law. Each branch of Gov- seats up to their 30-foot table—actually four objection, it is so ordered. ernment must be left to do its work oak tables stuck end to end. f without interference from the other After offering to provide Thanksgiving din- branches. ner to any armed forces member with no THREE BRANCHES OF We in Congress have already done our place to go, they learned Tuesday that GOVERNMENT job. We have made the laws which the they’ll be joined by a mother and three young children whose Navy husband and fa- Mr. GRAHAM. Mr. President, I wish Justice Department now seeks to en- ther is away. to speak on an issue which has already force. Whether the Justice Department ‘‘It’s all about sharing,’’ said Penny Hauer. been addressed by several of our col- ultimately prevails is left to a third ‘‘I hope they like my cooking.’’ leagues earlier in the week. Initially, I branch of Government, the judiciary. Foothills Republican Women’s Club Presi- was reluctant to discuss this matter The only threat to the rule of law in dent Dawn Sebaugh, whose group adopted for fear of contributing to a charge of filing this litigation on behalf of the the Hauers last Christmas, has become a politicization of an issue which, in my American people against the tobacco year-round helper and friend. ‘‘It’s just amazing,’’ she said. ‘‘You wonder judgment, should not be thought of as industry is posed by those who seek to how someone could take care of, love and political but, rather, one to be judged step beyond their proper relationship treat these children so well.’’ and decided in the finest traditions of and usurp the power granted by the

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11787 Constitution to other branches of Gov- 1999, I offered a sense-of-the-Senate would like to offer a few observations ernment. It is neither wise nor right amendment which stated that the pro- of my own. for members in the legislature to at- ceeds of a successful federal lawsuit It has been argued that the civil tempt to tell the executive how to en- should be used to shore up the Medi- RICO statute does not apply in this force the laws or to tell the courts how care Trust Fund and help to establish a case because tobacco is a legal product. to interpret the laws. If we practice ju- prescription drug benefit. That amend- But this argument ignores the claims risprudence by press release, we be- ment passed without dissent. made by the Justice Department. come lawmakers, law enforcers, law In March of this year, during debate The Justice Department does not al- judges. If we have learned anything at of the budget resolution, the Senate de- lege that tobacco itself is illegal. Nor the end of this millennium, it is that feated an amendment offered by Sen- does it suggest that the tobacco indus- such an aggregation of power is the an- ators SPECTER and HARKIN to place try broke the law by selling or mar- tithesis of the rule of law and is, in- strings on the states’ tobacco settle- keting tobacco products to adults. stead, the imposition of tyranny. ments. Several Members of this body, Instead, the Justice Department ar- Throughout the world—from East including myself, stated that if the fed- gues that tobacco companies violated Timor to Kosovo to Cuba—we encour- eral government believed it had claims the civil RICO statute—a Federal law, age other countries to follow the rule against the tobacco industry, the Jus- of course, enacted by Congress—by con- of law. We must do no less here. We tice Department was free to bring spiring to illegally market their ciga- have the greatest judicial system in those claims but that the Federal Gov- rettes to children and by wilfully with- the world. It resolves disputes based on ernment should not attempt to recoup holding critical information from the evidence not rhetoric. Let us allow our State settlement proceeds. The matter public and the Government. court system to adjudicate this dispute was discussed yet again when the Com- The tobacco companies have known without congressional interference. merce, Justice, and State Appropria- for years what we are just beginning to Undoubtedly there have been in- tions Subcommittee attempted to im- learn. If they don’t hook you early, stances when individual Members, if pede the Justice Department’s ability they’ll never hook you. And if they not a majority of the Senate, have to pursue litigation against the to- never hook you, their business dies. questioned the wisdom of lawsuits bacco industry. Not only was the offen- It’s as simple as that. Tobacco relies by brought by the Justice Department. sive report language effectively re- necessity on addicting our children. When powerful industries violate fed- moved through a colloquy, the chair- According to the Centers for Disease eral law, it is not uncommon for them man of the subcommittee expressly ac- Control, 89 percent of all smokers begin to seek congressional interference. knowledged that: smoking before age 18. So, Mr. Presi- When individuals or groups have used Nothing in the bill or the report language dent, does it surprise us that the to- their power and privilege to dominate prohibits the Department from using gen- bacco industry has spent millions of others, and that power was challenged erally appropriated funds, including funds dollars each year to addict our chil- by the law, they have shrilled—‘‘foul.’’ from the Fees and Expenses of Witnesses Ac- dren? It certainly should not. Many disagreed when President count, to pursue this litigation if the Depart- But whether it surprises us or not, we Theodore Roosevelt’s Justice Depart- ment concludes such litigation has merit have an obligation to do something ment sued to break up Standard Oil. under existing law. about it. In this case, we should simply Similar complaints were heard when Quite obviously, the Justice Depart- let the Justice Department enforce the President Reagan’s Justice Depart- ment has reached the very conclusion laws that we have passed. ment sued AT&T. discussed on the floor of the Senate As documents introduced in state And we can all remember the outcry just a few months ago. court actions have demonstrated, some in some quarters in the 1950’s and 1960’s Surely it is absurd to suggest that of the marketing efforts of these com- when the Justice Department sought the Justice Department somehow panies have been directed at children to enforce civil rights guarantees. blind-sided Congress with the an- as young as 10 years old. While some influential members nouncement of this lawsuit. But again, The fact that tobacco is legal for might have advocated congressional these facts beg the question. The Jus- adults does not give these companies intervention, in none of those cases did tice Department does not need my per- the right to market their products ille- the Congress step in to attempt to tell mission or your permission, or the per- gally to children or to misrepresent or the Justice Department whom it can or mission of anyone else in this body to conceal information. These allegations, cannot sue. We must not do that now. do its job, which is to enforce the law. if proven, will constitute a violation of Some have asked why Congress was Conversely, if we attempt to prevent the RICO statute. not consulted prior to this suit being the Justice Department from doing its I am even more disturbed by another filed. The questioners appear to have job, we are engaging in obstruction of argument made by the pro-tobacco forgotten much of what has happened justice. Others have questioned the mo- forces. They argue that even if the Jus- in the last year. tivation for bringing this suit. I believe tice Department can prove the tobacco Setting aside the fact that the Jus- the motivation for the Attorney Gen- companies lied and illegally marketed tice Department has no obligation to eral’s decision is similar to that of the their products, the Federal Govern- ask Congress for permission to enforce attorneys general in many of our ment has suffered no damages because the law, Congress was well aware this states: to enforce the law—and by tobacco use imposes no net cost to the litigation was under consideration. doing so—protect the American people taxpayer. In his State of the Union address, the and particularly the children of Amer- Let me restate that: the Federal Gov- President discussed the possibility of ica. ernment has suffered no damages be- this tobacco suit, by announcing that The suit seeks to end the cycle of ad- cause tobacco use imposes no net cost he had asked the Justice Department diction to nicotine, an addiction cre- to the taxpayer. to prepare a litigation plan against the ated in part by false advertising and Let us be clear on what is being ar- tobacco industry. Specifically, the advertising targeting the youth of our gued here. Big Tobacco says that the President said: country. It also seeks to recompense taxpayers incur no increased costs be- So tonight I announce that the Justice De- taxpayers for the billions of dollars cause tobacco kills people pre- partment is preparing a litigation plan to this addiction has cost them—the tax- maturely. Therefore, the industry ar- take the tobacco companies to court—and payers of America. These are motiva- gues that the taxpayers save money by with the funds we recover, to strengthen tions which should be celebrated, not not having to pay out Social Security Medicare. ridiculed. or Medicare funds to Americans whose It would have been hard to be clearer. The merits of this case rightfully will lives are cut short by tobacco before Congress also considered the poten- be determined in a court of law—not in they reach 65. tial for a federal tobacco suit when it this body, not in the Congress. But I imagine there might be some who protected the states’ tobacco settle- since some of my colleagues have seen would congratulate the tobacco indus- ments from federal incursion. In the fit to put on their own imaginary black try for saving us all this money by kill- budget resolution, passed on March 25, robes and pretend to judge this case, I ing our fellow American citizens before

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11788 CONGRESSIONAL RECORD — SENATE October 1, 1999 they become a burden. I, for one, and I This report highlighted the relation- The PRESIDING OFFICER. The Sen- am confident the vast majority of ship of teenage smoking as a precursor ate majority leader. Americans, would much rather spend to the use of alcohol and drugs, includ- Mr. LOTT. Mr. President, I thank the money on Social Security and Medi- ing recent data from the National In- distinguished Senator from Alaska for care than have millions of our fellow stitute on Drug and Alcohol Abuse’s allowing us to enter into some unani- citizens die a slow, a painful, and a pre- ‘‘Monitoring the Future’’ project which mous consent agreements and some mature death. showed that 33 percent of those sur- colloquy that we have been working on Along with being a ghoulish and des- veyed admitted to starting drinking at for quite some time. I understand the picable argument, the industry’s twist- the same time they started the use of Senator from Alaska may want to con- ed logic that it has imposed no net cost tobacco. This same survey also indi- tinue after we complete this. on the American taxpayer has also cated that 23 percent of the respond- Mr. MURKOWSKI. I thank the ma- been properly rejected on public policy ents began using both cigarettes and jority leader, but I understand Senator grounds. marijuana in the same year. AKAKA has been waiting longer than I, In January of 1998, the trial court in Importantly, 65 percent of the reso I will defer to Senator AKAKA fol- the Minnesota State suit against the spondents smoked cigarettes before lowing the leadership pronouncements. tobacco industry upheld the motion of they used marijuana. This relationship the State of Minnesota for summary was more pronounced for cocaine: 98 f judgment, effectively stating that the percent of individuals who used cocaine first smoked cigarettes. Putting an end State of Minnesota had established its UNANIMOUS CONSENT AGREE- to the tobacco company’s illegal mar- case with no further evidence required. MENTS—EXECUTIVE CALENDAR In granting this motion, Judge keting efforts toward our Nation’s Fitzpatrick ruled the tobacco industry youth will reduce children’s smoking. Mr. LOTT. As in executive session, I defendants could not use the fact that This, in turn, will go a long way to ask unanimous consent that on Mon- they killed people prematurely to their helping combat the use of other illegal day, October 4, at a time determined by advantage in defending against the drugs. the majority leader, after consultation suit. I know the Justice Department’s suit with the Democratic leader, the Senate Predictably, the friends of tobacco is not a panacea. It will take a com- proceed to executive session to con- also make another slippery slope argu- bination of litigation and legislation to sider the following nomination, and it ment. If the Justice Department can solve this problem. be considered under the following limi- sue tobacco companies, they say, what A court, for instance, cannot grant tations: Executive Calendar No. 172, other industries will not be safe? Will enhanced Food and Drug Administra- Ronnie White to be District Judge for fast food or beef or dairy industries be tion authority to classify nicotine as a the Eastern District of Missouri, under the next in line? drug and cigarettes as a drug-delivery a 1-hour time limitation divided as fol- This argument is truly offensive. It is device, a powerful tool to prevent the lows: 45 minutes equally divided be- an affront to me personally and should tobacco industry from manipulating tween the chairman and ranking mem- be an affront to all legitimate owners the product to addict even more people. ber; 15 minutes under the control of of businesses, large and small, who con- Only Congress can give the Food and Senator ASHCROFT. tribute to this Nation, instead of de- Drug Administration that authority. I further ask consent that following stroying its health. My family happens Should Congress find the tobacco in- that debate, the Senate then begin de- to have been in the dairy business for dustry responsible for the high rate of bate en bloc on the nominations of Cal- almost 70 years. I take great offense at youth smoking, Congress may have to endar No. 215, Ted Stewart, and Cal- the comparison between the tobacco impose penalties on big tobacco based endar No. 209, Raymond Fisher. industry and the dairy industry. Nei- on the industry’s failure to meet statu- I further ask consent that following ther the dairy industry, the beef indus- torily defined youth smoking reduction the granting of this consent, the nomi- try, fast food industry, nor any other is targets. A court cannot bind future en- nations of Calendar Nos. 213 and 214 be trants into the tobacco market to mar- comparable to tobacco. The tobacco in- immediately confirmed, the motion to keting and advertising restrictions dustry is unique. Only the tobacco in- reconsider be laid upon the table, the which were entered into by the pre- dustry has stonewalled and lied to the President be immediately notified, and vious participants in the tobacco in- American public and the American the Senate resume legislative session. dustry through a consent decree. That Government for half a century about I further ask consent that following may also require congressional in- the known addictive nature of its prod- the debate on Monday on the three volvement. nominations, the Senate resume legis- ucts. If anyone in this body wants to I stand ready to work with my col- lative session. argue that the dairy or beef industries leagues on all of these and other nec- I finally ask consent that at 2:15 p.m. are analogous to big tobacco, then I in- essary legislative issues, but this suit on Tuesday, October 5, the Senate re- vite them to come down to the Senate is, however, an important, a useful step sume executive session and proceed to floor and let’s have that debate. Better in enforcing the rule of law. It is im- consecutive votes, first on the nomina- yet, go to Florida or Wisconsin and tell portant in protecting our children and cattle and dairy farmers they should be our grandchildren. tion of Ronnie White, to be followed by treated like big tobacco, an industry I am proud to call Janet Reno a a vote on the nomination of Ted Stew- which depends on destroying the health friend. As an American, I applaud her art, to be followed by a vote on the of our children in order to succeed. for her hard work, for her tenacity, and nomination of Raymond Fisher. I also Let’s spend a moment talking about courage in the face of fierce partisan ask consent that following the votes, those children. When all the legal argu- opposition. I say thank you, Madam again the President be notified of the ments and all the political rhetoric fall Attorney General, on behalf of all of Senate’s action and the Senate then re- away, our children remain. They, not America’s citizens. sume legislative session. lawsuits, not politicians, are our most I thank the Chair. I yield the floor. Before the Chair rules, I yield to the important concern. It is our children Mr. MURKOWSKI addressed the Democratic leader for his comments who have been the targets of a preda- Chair. and an appropriate response from me. tory effort by the tobacco industry to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- entice them into an addiction which ator from Alaska. ate minority leader. will eventually kill them. Mr. MURKOWSKI. Mr. President, I Mr. DASCHLE. I appreciate the ma- We also know that early cigarette believe the combined leadership has jority leader’s effort to try to move habits are directly related to other come to the floor and we should give these nominations along. Before I drug use. A 1994 Surgeon General re- them our undivided attention at this make some comment, let me ask the port showed that cigarettes are a gate- time because I am sure they have majority leader what his intentions are way drug, a significant risk factor to something very important to advise with regard to Marsha Berzon, the increased incidents of alcohol and il- the Senate. I will refrain from recogni- nominee to be the United States Cir- licit drug use. tion and defer to my senior colleagues. cuit Judge for the Ninth Circuit, as

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11789 well as Richard Paez, a similar nomi- be meeting, maybe in the next week or Victor Marrero, of New York, to be United nee for the Ninth Circuit. Can the ma- two, and there will be more judges on States District Judge for the Southern Dis- jority leader give me his current inten- the calendar. So we want to keep mov- trict of New York. tions with regard to those two nomina- ing the ones that can be cleared be- Mr. SCHUMER. Mr. President, I rise tions? cause there are districts and circuits in strong support of the nomination of Mr. LOTT. Mr. President, if the Sen- around the country that do need these Victor Marrero to serve as a judge on ator would yield under his reservation judges to be confirmed. I think we can the United States District Court for to respond, let me say again, I appre- get this request agreed to. It will be the Southern District of New York. ciate the cooperation of Senators on positive, and we will be able to con- I express my appreciation to Chair- both sides of the aisle, from the Judici- tinue to work together. man HATCH for moving this nomination ary Committee, and other Senators I hope that is helpful in responding expeditiously to the floor. who have interest in these nomina- to Senator DASCHLE’s question. This is one of those moments where tions. It has been a very delicate bal- Mr. DASCHLE. That is helpful. With you cannot help but feel proud about ance to work through a process where that assurance, I will certainly not ob- this country and about how the Amer- we could get these nominations con- ject to the request propounded by the ican Dream is not a myth but a reality. firmed. majority leader. He has made it to me Where else in the world could a The nominations of Mr. Marrero privately. It is my hope we will con- young child, with no knowledge of the from, I believe, New York, and Mr. tinue to work. These are important native language, go to school, learn Lorenz from California have not been matters. As the majority leader has English, become valedictorian of his controversial. They have been cleared heard me say, and others say, now for high school, and embark upon a distin- for quite some time. We had the unfor- some time, in some cases they have guished and towering career in public tunate situation with regard to the been pending not for months but for service? nomination of Ted Stewart where we years. For anyone to be held that long Only in America. had a cloture vote, which I think both is just an extraordinary unfairness, not That is the abridged story of Victor sides would prefer not to have hap- only to the nominees but to the system Marrero. He came to this country with pened. There are reasons for it. But I itself. practically nothing. He studied and think it is important we not start down The majority leader has also noted learned in school. He was inspired to that trail. Both sides have indicated we that a cloture vote is an unfortunate public service by President John F. do not want to start having cloture matter. Actually, a cloture vote is a Kennedy. votes to determine the confirmation of recognition of the difficulty to move And from that day on, he has never judges. Then also there is the nomina- judges. A cloture vote is probably no strayed from helping people, teaching tion of Mr. Fisher for the Ninth Cir- more unfortunate than a hold. We have them, from trying to make the world a cuit. people who are maintaining holds on better and more just place. So we have here a process where we judges, which is also very unfortunate. President Clinton nominated Ambas- can have a voice vote on two of them A hold is nothing more than an intent sador Marrero to this judgeship upon and some debate and votes on the other to filibuster. my recommendation and on the basis three: White, Stewart, and Fisher. So I hope our colleagues will drop of the Ambassador’s extensive experi- That is a significant undertaking. That their holds and will recognize that tak- ences and accomplishments as both a will get us into the process where ing hostages in this form is not the practitioner of law and a public serv- judges—certainly judges who are not right way to proceed and does not live ant. controversial—will not be held up be- up to the traditions of the Senate when Ambassador Marrero’s legal career is cause of controversial judges in other it comes to the expeditious consider- extensive and distinguished. Between areas. So I just wanted to kind of go ation of individuals who want to serve his two stints in public service, he through that whole process. in public life. spent twelve years as a partner at two With regard to the other two nomina- The majority leader also mentioned— prominent New York City law firms. tions Senator DASCHLE asks about, I I will mention this just briefly because Ambassador Marrero’s public service will continue to work with the Demo- it is another important factor in our career is almost without equal in its cratic leader as well as other Members decision to want to cooperate with the breadth and degree of achievement. He on his side of the aisle and on my side majority—the decision and the com- has served as Executive Director of of the aisle in scheduling executive mitment made by the chairman of the New York City’s Department of City nominations. I have to go through a Judiciary Committee that he will hold Planning, Chairman of the city’s Plan- process where I have to notify Members hearings and he will move other nomi- ning Commission, Commissioner of that a judicial nomination may be nees forward. It is important that all of New York State’s Division of Housing called up and see if there are problems the nominees who are pending before and Community Renewal, and Under with it, see if that can be worked out, the Judiciary Committee be consid- Secretary at the U.S. Department of see if we are going to need an extended ered. He has indicated he will do his Housing and Urban Development. period of time of debate, see if there is best to ensure they are considered. In 1993, President Clinton appointed a threatened filibuster. Our ranking member, the Senator him United States Ambassador to the So I will work, as I have in the past, from Vermont, has been extremely per- Economic and Social Council of the to see if we can get these nominations sistent and dedicated to that effort. I United Nations. In 1998, be became cleared so we can move forward. I will appreciate his contributions as well. United States Ambassador to the Orga- continue to do that. I will do that on So, Mr. President, I will not object. nization of American States. specifically the two that have been The PRESIDING OFFICER. Without Ambasssador Marrero, through chari- mentioned. I will try to find a way to objection, it is so ordered. table work, has helped to enhance New have them considered. I cannot confirm York City’s public schools, libraries, f at this point when or how that will be museums and parks, and to help bring done, but I will continue to work on it. EXECUTIVE CALENDAR opportunity to other Puerto Ricans That is one of the reasons that mov- and Hispanics. ing these other judges is important. Perhaps the most telling testament Because it takes time to get the nomi- NOMINATIONS OF M. JAMES to the esteem in which Ambassador nations cleared. When you have five LORENZ AND VICTOR MARRERO Marrero is held is the fact that he has that you are close to getting cleared, Under the previous order, the nomi- been confirmed by the United States once you get those out of the way, then nations were considered and confirmed, Senate on three separate occasions you can focus your attention on the re- as follows: over the past twenty years. maining judges on the calendar. THE JUDICIARY I am pleased today that Ambassador By the way, I understand there are M. James Lorenz, of California, to be Marrero will be adding a fourth Senate other basically noncontroversial judges United States District Judge for the South- confirmation to an already impressive on whom the Judiciary Committee will ern District of California. resume.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11790 CONGRESSIONAL RECORD — SENATE October 1, 1999 Mr. LEAHY addressed the Chair. HATCH is in agreement with this re- ating an atmosphere more favorable for The PRESIDING OFFICER. The Sen- quest. He has worked on it very dili- the talks’’ with the United States. ator from Vermont. gently; also, that he has made a com- This, I believe, is a very positive Mr. LEAHY. Mr. President, I say, mitment to have hearings and votes on step. North Korea’s development and with both the leaders on the floor, this additional nominees in the near future. August 1998 testing of a long-range is a matter that has had some discus- I do not recall him specifying a day. I missile drew America’s attention to sion. I appreciate the discussions I think you have some tentative date this emerging threat to our national have had with both my leader, the dis- you have worked on. security. Even more directly, it raised tinguished Democratic leader, and the Mr. LEAHY. We do. concerns about Hawaii’s security. Fol- majority leader of the Senate, the dis- Mr. LOTT. One other request. I ask lowing this test, the North Koreans tinguished Senator from Mississippi. unanimous consent that at 5:30 on began preparing to launch a second The distinguished senior Senator from Monday the Senate proceed—Mr. Presi- missile, which our intelligence ana- Utah, Mr. HATCH, and I have also had dent, I suggest the absence of a lysts believe could deliver a several- lengthy discussions about this. quorum. hundred kilogram payload to Hawaii As I have stated before—I will not The PRESIDING OFFICER. The and to Alaska. North Korean prepara- hold the floor here now because I know clerk will call the roll. tions to test launch a much larger mis- others are waiting to speak; I will The legislative assistant proceeded sile prompted the administration to speak on this later this afternoon—I do to call the roll. take multilateral efforts to persuade have a concern about the slow pace of Mr. LOTT. Mr. President, I ask unan- nominations being confirmed, espe- the North Koreans not to launch and to imous consent that the order for the restrict their missile development. cially with those such as the Paez and quorum call be rescinded. Berzon nominations that have waiting Following negotiations in Berlin be- The PRESIDING OFFICER (Mr. BUN- years, not just weeks and months. We tween the United States and the North NING). Without objection, it is so or- Koreans last week, the President an- should be moving forward on those dered. nominations, as well. nounced his decision to ease some sanc- I have also received the assurance of f tions against North Korea adminis- the distinguished chairman of the Sen- UNANIMOUS CONSENT tered under the Trading with the ate Judiciary Committee that we will AGREEMENT—H.R. 2084 Enemy Act, the Defense Production Act, and the Department of Com- expedite, as much as possible, the hear- Mr. LOTT. Mr. President, I ask unan- merce’s Export Administration regula- ing schedule and the executive session imous consent that at 5:30 p.m. on tions. So far these efforts have been schedule of the Committee and that we Monday, the Senate proceed to the partially successful, and the North Ko- will get more nominations promptly to Transportation appropriations con- reans have agreed to a moratorium on the Executive Calendar. ference report, the conference report be One thing I have learned after 25 missile launches during this series of deemed to have been read, and state- years here is that in the last few days talks with the United States. The ad- ments by Senators SHELBY and LAU- of any session we suddenly find a lot ministration is to be congratulated for TENBERG be placed in the RECORD and a can be done—provided items are avail- the intensity with which it has pursued vote occur immediately on adoption of able on the calendar. While it is a time, a solution to this dangerous problem. the conference report at 5:30 p.m. on I am sure, to which the two leaders There has been some criticism of the look forward with great anticipation— Monday. The PRESIDING OFFICER. Without administration’s approach, with a few and they have a chance to earn a high- critics arguing that the administration er place in Heaven because their pa- objection, it is so ordered. Mr. LOTT. I ask unanimous consent is rewarding bad behavior or giving in tience will be strained but they will to extortion demands. I do not believe that after Senators AKAKA and MUR- not allow the strain to break them—I this is the case. The formal announce- KOWSKI speak—Senator AKAKA is going hope we will have a number of judges ment by the North Korean Government to speak next and then Senator MUR- who might then be available to start stating there would be no missile tests KOWSKI—Senator LEAHY be recognized the December, if not the January, ses- while talks are underway with the sions of their courts. to speak as in morning business. The PRESIDING OFFICER. Without United States is a clear indication that I know that Bruce Cohen, counsel on North Koreans have accepted the new the Democratic side, and Manus objection, it is so ordered. Mr. LOTT. I yield the floor. approach in relations outlined by Sec- Cooney, Senator HATCH’s chief counsel retary Perry. There is no doubt that on the Republican side, have been The PRESIDING OFFICER. The Sen- ator from Hawaii. the North Koreans have an active mis- working hard to make progress on sile export program which is dependent these matters. f upon imports of foreign technology and I think this is a good step forward. I U.S. POLICY TOWARDS NORTH exports of cruise missiles. think it is a positive thing. But I hope KOREA Therefore, it is in our national secu- the leader will be able to use his per- rity interest to limit North Korean suasion on the Republican side for Mr. AKAKA. Mr. President, I thank missile development and especially Berzon and Paez. I know there are the majority leader for the time and North Korean missile exports toward those who will not vote for them, but also my chairman from Alaska, Sen- which the Berlin agreement takes a allow them to have an up-or-down vote. ator MURKOWSKI, for permitting me to I can assure the Democrat leader and speak during this time. firm step. By lifting some economic I can assure the majority leader that I I rise to address an issue of critical sanctions, holding out the possibility have canvassed this side of the aisle importance to our national security: of lifting additional sanctions, and sug- and there is no objection on the Demo- containing the proliferation of weapons gesting to the North Koreans that the cratic side—none whatsoever—to going of mass destruction by North Korea. As United States is willing to normalize forward with Berzon and Paez. ranking member of the Subcommittee relations with North Korea, the North I know some Senators have told me on International Security, Prolifera- Koreans have been given a powerful in- on the other side they will vote against tion, and Federal Services, I see this as centive towards agreeing to a perma- them. I have a number of Senators on one of the most pressing security nent moratorium on missile develop- the other side who say they will vote issues facing America. The Clinton ad- ment. Reimposing sanctions would for them. We ought to give them the ministration has been working hard at send such a strong signal of distrust courtesy of the vote. containing and countering this threat, with North Korean actions that it I know that requires scheduling and holding important discussions with the could well set back North Korean ef- work, but I urge that upon the leader- North Koreans, most recently in Ber- forts to achieve international respect- ship. I want the leaders to know there lin. Last Friday, a North Korean ability to lower levels than those is no objection on this side. spokesman stated that North Korea today. Mr. LOTT. Mr. President, I would would ‘‘not launch a missile while the This is not a sanctions relief for mor- like the RECORD to reflect that Senator talks are underway with a view to cre- atorium deal. It leads, instead, to a

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11791 normalization of relations for a reduction, pardoned him and made him the finished their schoolwork. Even in tion in threat. Normalization is predi- head of the country’s new naval acad- summer, there were sums to do and cated upon North Korean willingness emy. In that position he got to know a chores before play. to change their behavior in terms of number of American naval officers. In Japanese tradition, children were terrorism, drug dealing, and prolifera- As the fifth son to a family that was kept at home until they were five and tion, including a verifiable end to their Samurai, or part of the aristocracy, then sent to school. Up to that point, nuclear warhead and missile programs. Goro Mikami made a decision that re- the Mikami children spoke Japanese. We are not looking at an immediate flected the changing times in which he Mary’s relatives explain that she was end to the hostile atmosphere that has found himself. He rebelled against an highly traumatized when she entered worsened tensions on the Korean pe- arranged marriage that was in the off- school and realized she had to learn ninsula. We must determine what our ing and he and a friend, who were English. long-term objectives are on the Korean studying in Tokyo around 1885, decided But Mary’s mother’s dedication to peninsula. If our ultimate goal is the to head for the American West. Plans her children’s scholarship resulted in peaceful unification of the Koreas as went awry and the friend stayed be- all four children being named valedic- one democratic state, we need to assess hind, but Mikami took the ship to a torian of their respective graduating more effectively how our current strat- new life. He settled in San Francisco classes in Anchorage’s public high egy will lead us in that direction. where at some point he attended the school. Mary Mikami took the honors I look forward to the administra- University of California at Berkeley to first and subsequently attended the tion’s elaborating its next steps to- learn English. Two of his brothers went Alaska Agricultural College and wards North Korea. So far, the admin- on to serve in Japan’s diplomatic School of Mines in Fairbanks. She istration has worked hard and well at corps. The family name was Kondo, graduated with highest honors in 1934. containing tensions on the peninsula. Goro was given the last name of The next year the College was renamed It is not a success which must come Mikami in order to rescue a branch of the University of Alaska at Fairbanks. easily, given the difficulty of dealing the family that was dying out—not un- Her sister Alice recalls that Doctor with the North Koreans. More hard usual in Japanese culture. Charles E. Bunnell, the first President work and the support of Congress will Rumor says Mikami was drawn to of the University, at the time literally be needed to make a lasting peace pos- the goldfields in Alaska, and there is came to the towns, visited with the sible. some evidence he may have worked as families, and recruited students by I yield the floor and thank the Sen- a civilian aboard a U.S. Coast Guard bringing along a University basketball ator from Alaska for granting me this Cutter. By this time, he had American- team to play the local high school and time. ized his name from Goro to George. But community teams. The PRESIDING OFFICER. The Sen- whatever his adventures, Mikami made After graduating, Mary joined an an- ator from Alaska. a monumental decision in 1910, to take thropological expedition jointly spon- Mr. MURKOWSKI. Mr. President, I a trip back to Japan. His school friend sored by the college and the Depart- thank the Chair, and I thank my good had become a famous lawyer in the in- ment of the Interior to St. Lawrence friend and colleague from Hawaii with tervening years, and put together a Island, located in the windswept Bering whom I have a great rapport. I very huge homecoming for Mikami. At the Sea between Alaska and Siberia. The much appreciate his statement and the homecoming events he met Mine´ expedition studied Alaskan prehistory. meaningful application of both Hawaii Morioka, who had served as a nurse in She was the only woman on the team; and my State of Alaska, as we look at the Russian Japanese War. They mar- another team member, Roland the potential threat from some of the ried and returned to the States in 1911, Snodgrass, was to become her brother- rogue nations of the world. this time to Seattle. In 1912, Mary in-law. f Mikami was born. After the expedition, she went to About 1915, the family, including work for the University of Alaska Mu- IN MEMORIAM—MARY MIKAMI Mary’s younger sister Alice, moved to seum and was considering graduate ROUSE Seward, Alaska. It appears George school, perhaps at Columbia Univer- Mr. MURKOWSKI. Mr. President, my found work on the Alaskan railroad sity. Instead, she met Froelich G. purpose in coming to the floor today is then being constructed between Seward Rainey, a Yale graduate who became to tell you about an extraordinary and Anchorage. That same year, the head of the Museum. He influenced Alaskan family. And to pay tribute to Mary’s brother Harry was born. By her to go to Yale instead and helped a mother who took from her immigrant 1918, the family had moved on to An- her make connections there. The in- heritage and from her adopted Alaskan chorage where they opened George’s trepid Mary left Alaska for the first home, the courage and tenacity to Tailor Shop on Fourth avenue between time in her young life and took the excel at a time when successful women ‘‘B’’ and ‘‘C″ Streets. Flora was born in steamer to Seattle and then the train were not the norm and too often 1919, and the family was complete. The across country to a different chal- uncelebrated. Her name is Mary Mikamis were either the first or one of lenge—a new world. Like her mother Mikami Rouse. She died August 7th at the first Japanese families to settle in and father before her, she entered a the age of 87. Anchorage. new life with few connections to the Her story begins in Japan with the Prior to the 1940s, Anchorage’s popu- past, and no one to greet her and ease arrival of a fifth son in the Mikami lation never moved above 2,000. Alaska the transition. family in 1864. Shortly after the birth was still a territory and not a stopping She adapted and continued her suc- of Mary’s father, Goro Mikami, Japan ground for the faint of heart. It was cess. She met and married fellow grad- began a period of social and political peopled with pioneers and adventurers uate student Irving Rouse. Both re- revolution and tempestuous change. seeking wealth, anonymity or a new ceived Ph.D’s and remained at Yale for The Shogunate lost power and Japan’s way of life. The Mikami family per- lifelong careers of learning and teach- imperial house was restored to a posi- severed and prospered in this still ing. Mary Mikami Rouse was a visiting tion of prestige and authority. The feu- rough and tumble atmosphere. They lecturer, an editor of translations, in- dal system was eroding and there was a met the challenges of a new business, a struction assistant at the Institute of remarkable degree of westernization in young family, assimilating into a dif- Oriental Languages and a research as- all areas of Japanese life. ferent culture and mastering a new sistant. She also served as an editorial Goro Mikami’s father was a vassal of language. assistant for American Antiquity, the Shogun, an admiral who was ulti- The second daughter Alice Mikami Journal of the Society for American mately responsible for a navy failure Snodgrass, who still lives in Palmer, Archaeology. Her husband, now retired, that contributed to the subsequent loss Alaska, remembers her mother as a was the editor of that journal and is a of power by the Shogun. His sense of strict disciplinarian. She recalls the well known anthropologist specializing honor demanded he commit seppuku, lure of swing-sets and seesaws and in the Caribbean. or suicide for that loss. Fortuitously, clamoring friends, while her mother Back in Alaska, her brother and sis- the emperor stopped him from that ac- kept the Mikami kids inside until they ters followed her to the University of

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11792 CONGRESSIONAL RECORD — SENATE October 1, 1999 Alaska and brother Harry also received She was born in the United States in but he had been meeting with EPA offi- a Ph.D from Yale. Sister Alice married 1912, the daughter of Japanese immi- cials and had been encouraged that an Roland Snodgrass who later served as grants who had come to the United acceptable mitigation plan might be Director of the Division of Agriculture States to seek their fortune. Growing negotiated. The $40,000 fine hit him in Gov. Walter Hickel’s first adminis- up in Alaska, Mary Mikami excelled like a bolt of lightning our of a clear tration. Their son Jack is an attorney academically and graduated with the blue sky. in Palmer. Mary’s youngest sister, highest honors from Alaska Agricul- Meanwhile, in Anchorage the com- Flora Mikami Newcomb lives in Van- tural College and the School of Mines, manding general of the United States couver, B.C. Her brother, Harry, is de- which later became the University of Army in Alaska received a letter from ceased. Alaska. the EPA. The General knew he had a The elder Mikamis sold the tailor After completing her college work in problem with the powerplant at Fort shop and retired to Los Angeles just Alaska, she traveled to New Haven, CT, Wainwright that was not in full com- before World War II. Instead of the sur- where she attended Yale University, pliance with the Clear Air Act, but he cease they sought in retirement, they where she met and married Irving and his staff had been working dili- were moved to a Japanese internment Rouse and earned her Ph.D. Through- gently to bring the plant into compli- camp in Arizona—a fate the four chil- out her life she continued living in New ance. With the help of the Alaska Con- dren escaped. In honor of their parents, Haven, working as lecturer, translator, gressional Delegation, he had received the four Mikami children established and instructor at Yale’s Institute for a $15.9 million appropriation for new the Mikami Scholarship at the Univer- Oriental Languages. pollution control measures. He had sity of Alaska Fairbanks, and it is With her husband Irving, Mary had budgeted another $22 million for addi- available today to any sophomore or two sons, David Rouse, an urban land- tional upgrades next year. The Army junior student. scape architect in Philadelphia, and had, of course, informed EPA of these Mary and Irving Rouse were the par- Peter Rouse, my chief of staff and a efforts to bring the plant into compli- ents of two boys, Peter M. Rouse of man who has been my friend and clos- ance, and the EPA seemed satisfied. Washington, D.C. and David C. Rouse est adviser for now more than 15 years. But the letter the General now held in of Philadelphia. David is a landscape All of us who know and work with his hand said that EPA was assessing architect and urban designer. In this Pete are aware of the enormous influ- the U.S. Army with a $16 million fine— body, we are most familiar with Pete ence his mother Mary had on him. His Rouse, who many of you will recognize a fine greater than the combined value as the Chief of Staff to our esteemed success in life stems from the legacy of of all EPA fines ever assessed against his mother—a keen intelligence, unpar- the U.S. Army nationwide. Another Minority Leader TOM DASCHLE. Mary may have been as stern about studies alleled integrity and judgment, and bolt of lightning out of a clear blue as was her mother because Pete has a basic human kindness. sky. These stories suggest that the EPA B. A. from Colby College, an M.A. from The values he brings to this institu- hasn’t learned a fundamental lesson the London School of Economics and tion each day are, no doubt, the prod- an M. A. from Harvard University. In uct of his upbringing and his mother’s understood by every decent cop—good influence. In fact, it is her character law enforcement requires discretion. the mid-1970s, Pete and TOM DASCHLE were both legislative assistants to Sen. we have the privilege of seeing re- When you’re pulled over by a trooper James Abourezk, D-S.D. While at the flected in her son each and every day. for going a few miles per hour over the Kennedy School at Harvard, Pete be- For those of us who have the good speed limit and are calmly discussing came friends with an Alaskan named fortune to work with Pete Rouse, there the matter with the officer, you have Terry Miller, who was to become an is no way we can thank his mother every right to expect that you will not Alaskan Lt. Governor. In 1979, Miller Mary for all that she has done to influ- be beaten senseless with a nightstick. asked Pete to come to Alaska and work ence his life, for all that she did to en- And when a small businessman, resi- for him in the State House, reestab- sure we have the good fortune to call dential landowner, or U.S. Army gen- lishing Pete’s family ties with the Pete Rouse our friend, to call him, eral finds himself engaged with the state. now, our coworker, and for me to rely EPA over an alleged violation and is The winds of political fortune soon upon him each and every moment of making an effort to find a resolution, brought him back to Capitol Hill and every day to the extent that I do. he should not be slammed with unprec- Chief-of-Staff positions with Rep- I, and all who know Pete, share his edented, punitive fines. resentative RICHARD DURBIN, Rep- loss now. We are grateful that she has We need laws to protect the environ- resentative THOMAS DASCHLE and then had the good life, the successful life, ment, but the interpretation and en- Senator DASCHLE. But Pete never for- the extraordinary life that she has had, forcement of law must be blended with got Alaska and his many friends there. and we all wish Pete and his family common sense and judgment. Take His continuing efforts and interest in well under these circumstances. wetlands protection, for instance. our State are greatly appreciated. f Some wetlands perform critical roles Mary Mikami’s life was an American in protecting water supplies and pro- IT CAME FROM SEATTLE: TRUE success story. Hers was an example of viding important wildlife habitat. HORROR STORIES OF THE EPA achievement against great odds. She Other wetlands are lower value honored both of her cultures and her Mr. MURKOWSKI. Mr. President, muskeg. The letter of the law may not family. She was a combination of Sa- there is a letter in your mailbox from make the distinction, but human murai pride, Alaskan fortitude and the Internal Revenue Service. Your beings with the responsibility of en- New England grit. Mary was her own pulse quickens. Beads of perspiration forcing the law should understand the woman before anyone had heard the break out on your brow as you tear difference. term ‘‘women’s liberation’’. She was open the envelope to see what the most These ‘‘bolt from the blue’’ letters also a lifelong Democrat, and I’m sure feared agency in Washington has in that Alaskans are getting in their was always very proud of the path her store for you. mailbox are postmarked Seattle. The son has followed. Today, I join my col- At least that’s how it used to be. Now EPA regional office ‘‘in charge’’ of leagues in expressing condolences to the Environmental Protection Agency Alaska is in Seattle. What the EPA the family and friends of Mary Mikami appears determined to replace the IRS folks in Seattle know of Alaska they Rouse. Alaska is proud to claim her as as the government agency you really get from their brief visits, or from one of its pioneers. don’t want to hear from. Consider the their small staff in Anchorage. They Mr. DASCHLE. Mr. President, I join following true stories from my office aren’t our neighbors. They aren’t Alas- the Senator from Alaska in remem- case files: kans. I want to change that. bering Mary Mikami Rouse. Mary A small land owner in Ketchikan re- At the risk of enticing the mad dog Rouse recently passed away, at the age cently opened a letter from the EPA to from an adjacent neighborhood to our of 87, leaving behind an accomplished learn that he had been assessed a own backyard, I am renewing my ef- family and a legacy of academic $40,000 fine for a wetlands violation. He forts to force EPA to create a separate achievement. knew he had problems with the EPA, region for Alaska. That way, the EPA

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11793 officials writing these letters will at visioned under the Low-Level Radio- again be without access to disposal ca- least have a chance to better under- active Waste Policy Act, signed by pacity for much of their low-level ra- stand the environment in which we President Jimmy Carter in 1980. That dioactive wastes.’’ Barnwell could de- live. They would live in our neighbor- legislation resulted from states lob- cide to close or curtail access as early hoods, and send their kids to school bying through the National Governors’ as 2000, and, at best, will only be open with ours. If you’re going to get fined, Association (NGA) to control and regu- until 2010. The Utah facility disposes of they’ll have to look us in the eye. late LLRW disposal. An NGA task wastes that are only slightly contami- There would be no more scary certified force, that included Governor Bill Clin- nated with radioactivity and thus is letters from distant bureaucrats in Se- ton of Arkansas and was chaired by not available for all storage. attle. Governor Bruce Babbitt of Arizona, In ten years states will be searching In the meantime, I’m inviting the recommended the states form special for storage as well as disposal. That Regional Administrator of the EPA to compacts to develop shared disposal fa- storage will be near every university, come and stand with me on Gravina Is- cilities. pharmaceutical company, hospital, re- land, across from Ketchikan, where 13 The GAO study, which I requested, search facility or nuclear power plant. feet of rain falls each year. As the rain states, ‘‘By the end of 1998, states, act- It may be down the street from you or from a driving rainstorm fills his wing- ing alone or in compacts, had collec- within your city limits. And we have tips and rivulets of water cascade down tively spent almost $600 million at- the Clinton administration to thank the hill into the Tongass Narrows, I’ll tempting to develop new disposal fa- for bringing the materials into our ask him to point out where the wet- cilities. However, none of these efforts communities like a quiet Trojan horse lands end and the uplands begin. I’ll have been successful. Only California instead of working with states to es- also ask him to describe the irreplace- successfully licensed a facility, but the tablish a secure waste facility. Let’s able environmental value of the federal government did not transfer to hope nothing ever opens the belly of muskeg that the EPA wants us to keep the state federal land on which the pro- the beast accidentally. undisturbed. If I’m not satisfied with posed site is located.’’ f his answers I’ll advise him to start Secretary of the Interior Bruce Bab- TAKEOVER OF THE FISHERIES IN looking at real estate in Alaska, and bitt stopped the California facility at ALASKA suggest he hold a garage sale in prepa- Ward Valley from ever becoming re- Mr. MURKOWSKI. Mr. President, the ration for a move out of Seattle. Mean- ality. National environmental groups Secretary of the Interior today, under while, be afraid. Be very afraid. and Hollywood activists made Ward the authority of current law, has taken f Valley a rallying cry, claiming waste would seep through the desert to the over the management of fisheries in NUCLEAR TROJAN HORSE water table and into the Colorado my State of Alaska. Our State legisla- Mr. MURKOWSKI. Mr. President, River. They claimed to believe this de- ture has been trying to resolve this physicians use a specially engineered spite two complete environmental im- problem, along with the Governor and our delegation, for some time. Unfortu- radioactive molecule as sort of a nu- pact statements that found no signifi- nately, we were unable to resolve it clear Trojan horse in the battle against cant environmental impacts associated within the timeframe, so the Feds have pancreatic cancer. The molecule is ab- with a disposal facility at Ward Valley sorbed by the cancer cells and only by officially taken over beginning today. in the Mojave Desert. Secretary Bab- I have directed a letter to the Sec- the cancer cells. Once inside, the radi- bitt asked the National Academy of retary of Interior putting him on no- ation breaks up the DNA and kills the Science to convene an expert panel to tice that, as chairman of the com- tumor cell—another amazing tool in determine whether the Colorado River mittee of oversight, chairman of the the war on cancer. was threatened, and said he would Energy Committee, I will be con- The physicians, technicians and even abide by their conclusions. In May 1995, ducting a series of oversight hearings clean-up crews must carefully dispose the Academy scientists concluded that on the implementation of his regula- of the medium that stored the radio- the Colorado River was not at risk. tions to ensure there is a cooperative active molecule and other items that Yet, the property was never trans- effort and involvement of a public may have come in contact with the ra- ferred. process with the State of Alaska, De- dioactive materials. There are strict But the importance of this issue ex- partment of Fish and Game, and the procedures for disposing of such wastes tends well beyond the borders of the people of Alaska, as he promulgates his by hospitals, universities, power plants State of California or the borders of its regulations, to ensure we are not taken and research facilities. fellow compact members, Arizona, and advantage of by an overzealous effort But, in a way, that waste itself is a North and South Dakota, which by the Department of Interior to man- Trojan horse, sitting innocently in ga- thought they had a deal with the fed- date procedures only in the State of rages or closets in sites all over the eral government. The losers are all Alaska. country, waiting to be opened up and Americans who believe the President We are the only State in the Union released on the public by an act of ter- and the executive branch should uphold where the Federal Government has rorism or of nature like the recent federal law, not ignore it and obstruct taken over the management of fish and floods the East sustained, or the earth- it for the sake of campaign contribu- game. Many Alaskans are wondering quakes and wildfires more common to tions. just what statehood is all about if, in- the West coast. Most dangerous would The GAO states that several reasons deed, we are not given the authority to be fire which would put the radioactive are behind the rest of the states giving manage our fish and game. materials into smoke that could be up on siting new waste disposal facili- I will save that for another day. I breathed by anyone near the fire. ties. Public and political opposition is yield the floor. Why is this a problem? Because there cited as the strongest prohibiting fac- f are only three facilities in the entire tor. Another reason is that, for the country that safely can accept such time being, states have access to a dis- JUDICIAL NOMINATIONS low-level radioactive waste, LLRW: posal facility at Barnwell in South Mr. LEAHY. Mr. President, I said that is material contaminated as a re- Carolina, Richland in Washington Tuesday of last week that the series of sult of medical and scientific research, State and Envirocare in Utah. A very votes the Senate took that day, in nuclear power production, bio- positive reason cited is the reduction which we were unable to consider and technology and other industrial proc- in the volume of low-level waste that is vote on the nominations of Judge Rich- esses. In 1996, about 7,000 cubic meters being generated, with waste manage- ard Paez and Marsha Berzon, was un- of LLRW was produced in the nation. ment and treatment practices includ- precedented. I expressed my concern A study released by the General Ac- ing compaction and incineration. that the Senate not go so far off the counting Office at the end of Sep- However, the report cautions, ‘‘With- tracks of our precedents that we end up tember 1999, holds out little hope for in 10 years, waste generators in the 41 creating a problem, not just for this the construction of any new low-level states that do not have access to the administration, but for any future ad- radioactive waste disposal sites as en- Richland disposal facility may once ministration.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11794 CONGRESSIONAL RECORD — SENATE October 1, 1999 Today, we at least break out of the Judge Richard Paez has an extraor- Berzon, and nobody objects on the impasse of last week, and move forward dinary record. He was praised by Re- Democratic side of the aisle to them toward voting on all the judicial nomi- publicans and Democrats before our coming to a vote. We are prepared to nations before the Senate. Just so we committee. He was nominated January vote at any time, any moment, any understand where we are, I said last 25—not January 25 of this year, 1999; day. There are no holds on this side of week that Democrats were prepared to not January 25 of 1998; not January 25 the aisle. vote on all of the judicial nominations of 1997; but January 25 of 1996. He has I said last week I do not begrudge pending on the Senate Executive Cal- been pending 44 months. Vote for him Ted Stewart a Senate vote. I do not. He endar. Today we provided additional or vote against him, but do not put is entitled to a vote. He went through evidence of our resolve to do so. We did him in this kind of nomination limbo, the confirmation process. The Senate that by agreeing to a debate and a con- which becomes a nomination hell. Judiciary Committee voted him out. It firmation vote on the nomination of Justice Ronnie White, an extraor- was not a unanimous vote, but he was Brian Theadore Stewart to the United dinary jurist from Missouri, an out- voted out of the committee, and he is States District Court for the District standing African American jurist, he entitled to a vote. If Senators do not of Utah, as well as other nominees was nominated on June 26—not June 26 want to vote for him, vote against him. pending before the Senate. of 1999, not June 26 of 1998, but June 26 If Senators want to vote for him, vote Of course, the Senate has confirmed of 1997. After more than two years, this for him. I intend to vote for him. I in- Victor Marrero and James Lorenz. I nomination remains pending. Vote up, tend to give the benefit of the doubt congratulate, incidentally, Senator vote down, but do not take such an in- both to the President and to the chair- SCHUMER and Senator FEINSTEIN and sulting and arrogant and demeaning man of the Senate Judiciary Com- Senator BOXER, for the efforts they attitude on behalf of the Senate of not mittee who recommended him. have made on behalf of those nominees. allowing this good jurist to come to a But I also ask the same sense of fairness be shown to everybody else on the I thank the Democratic leader for all vote. his efforts in resolving this impasse, in Marsha Berzon, again, nominated calendar. The Senate was able to con- securing a vote on the nomination of January 27, but not of this year, of last sider and vote on the nomination of Ray Fisher, and, in particular, a vote year. Her nomination has been pending Robert Bork to the U.S. Supreme on the nomination of Justice Ronnie for almost two years. Allow her to Court, as controversial as that was, in White. Justice Ronnie White is eventu- come to a vote. 12 weeks. The Senate was able to con- ally, finally—I emphasize finally— I contrast this, even though we have sider and vote on the nomination of Justice Clarence Thomas in 14 weeks. going to get an up-or-down vote next a Democratic President and nomina- We ought to be voting on the nomina- Tuesday. Also, Ray Fisher and Mr. tions are usually the prerogative of tion of Judge Richard Paez, which has Stewart will be voted on next Tuesday. whoever the President is, of that party, But our work is not complete. I look with a nomination made on behalf of a been pending almost 4 years, and that forward to working with the majority Republican Senator who happens to be of Marsha Berzon, which has been leader to fulfill the Senate’s duty to a dear friend of mine. That man was pending almost 2 years. Let us have a vote on the nominations of Judge Rich- nominated on July 27 this year, barely sense of fairness. Let us bring them up and let us remove this notoriety the ard Paez and of Marsha Berzon. These two months ago. That nomination, the Senate has received, the notoriety es- are nominations that have been pend- nomination of Brian Theadore Stewart, tablished and emphatically proven, ing for a very long time. will be voted on next week. Good for that if you are a woman or a minority, This debate is about fairness and the him, I say. issue that remains is the issue of fair- He has been considered promptly and you take longer to get confirmed, if ness. For too long, nominees—judicial will be brought up for an up or down you ever get confirmed at all. That is nominees such as Judge Paez, Ms. vote. There are some on this side of the wrong. We should be colorblind; we should be gender blind. Most impor- Berzon and Justice Ronnie White of aisle who oppose him and will vote tantly, we should be fair. Missouri, and executive branch nomi- against him. But every single Demo- I should note, in fairness to the dis- nees like Bill Lann Lee, have been op- crat, whether they are going to vote tinguished chairman of the Judiciary posed in anonymity, through secret against him or for him, should allow Committee, in committee he did vote holds and delaying tactics—not by him to be voted on and they will. That for Judge Paez, Justice White, and Ms. straight up-or-down votes where Sen- nomination has been pending 2 months. Berzon and, of course, Ted Stewart, as Let us have the same fairness on the ators can vote for them or vote against did I. Now I work with both he and the other side of the aisle for Marsha them. majority leader to bring them to a They have been forced to run some Berzon, after 20 months, Justice Ron- final vote by the Senate. kind of strange in-the-dark gauntlet of nie White after 27 months, and Judge I also want to work with those Sen- Senate confirmations. Those strong Richard Paez after 44 months, espe- ators who are opposed to bringing enough to work through that secret cially—and some people may wish I Judge Paez or Marsha Berzon to a vote. gauntlet and get reported to the floor would not say this on the floor, but es- I read in the papers where we have are then being dealt the final death pecially after the nonpartisan report done away with secret holds in the blow through a refusal of the Repub- which came out last week that con- Senate, but apparently not for every- lican leadership to call them up for a firmed what I have said on this floor body. Apparently, there are still secret vote. They should be called up for a many a time—especially for nominees holds. fair vote. They may be defeated—the who are women and minorities. I have In February, the majority leader and Republicans are in the majority; there observed before that if you are a mi- Democratic leader sent a letter to all are 55 Republican Senators; they could nority or if you are a woman, this Sen- Senators talking about secret holds. vote them down. But let them have a ate, as presently constituted, will take They said then: ‘‘members wishing to fair vote, up or down. Let all Senators far, far longer to vote on your con- place a hold on any . . . executive cal- have to stand up and vote aye or nay, firmation than if you are a white male. endar business shall notify the com- and be responsible to their constitu- That is a fact. That is fact, something mittee of jurisdiction of their con- ency to explain why they voted that that started becoming evident a few cerns.’’ I serve as the ranking member way. Unfortunately, nominations are years ago and has now been confirmed on the committee of jurisdiction for being killed through neglect and si- in a nonpartisan report. these nominations. I have not been told lence, not defeated by a majority vote. Let me repeat that. If you are a mi- the name of any Senator at all who is So I ask, again, for the Senate to ful- nority, if you are a woman, you will holding them up. Yet they do not go fill its responsibility to vote on all the take longer to be confirmed than if you forward. judicial nominations on the calendar; are a white male, by this Senate as The letter from the two leaders goes vote for them or vote against them. We presently constituted. And that is on to state: ‘‘Further, written notifica- can vote them up or we can vote them wrong. I advise Senators, I have tion should be provided to the respec- down, but after 44 months or 27 months checked on Judge Richard Paez, Jus- tive Leader stating their intention re- or 20 months, let us vote. tice Ronnie White, and Ms. Marsha garding the * * * nomination.’’ Senator

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11795 DASCHLE has received no such notifica- firmation. He spent a total of 9 months That is from the Atlanta Constitu- tion. In spite of what was supposed to over the last 2 years on the Senate Ex- tion. I share that concern. I have been be a Senate policy to do away with ecutive Calendar awaiting the oppor- on the floor of this Senate when we anonymous holds, we remain in the sit- tunity for a final confirmation vote to have had Republican Presidents with uation where I do not even know who is the court of appeals. His nomination Republican nominations, saying that objecting to proceeding to a vote on was first received 44 months ago, in they deserve to be brought forward for the Paez and Berzon nominations, let January of 1996. a vote one way or the other, including alone why they are objecting. I have no Justice Ronnie White, an out- a couple instances of nominees I in- ability to reason with them or address standing member of the Missouri Su- tended to vote against. I still said they whatever their concerns are because I preme Court, has extensive experience deserved a vote. And they got their do not know their concerns. It is wrong in law and government. In fact, he is vote. and unfair to the nominees. the first African American to serve on In fact, I probably voted for 98 to 99 I do not deny each Senator his or her the Missouri Supreme Court. He has percent of President Ford’s, President prerogative as a Member of this Sen- been twice reported favorably to the Reagan’s, and President Bush’s nomi- ate. After 25 years here, I think I have Senate by the Judiciary Committee. He nees—three Presidents with whom I demonstrated—and I certainly know in spent a total of 7 months on the floor have served. my heart—I have great respect for this calendar waiting the opportunity for a What we are currently experiencing institution and for its traditions, for final confirmation vote. His nomina- is unconscionable and unprecedented, these kinds of delays. I think we hurt all the men and women with whom I tion was first received by the Senate in the Senate when we do this. We will have served, the hundreds of men and June 1997—27 months ago. I am glad have Republican Presidents; we will women with whom I have served over that finally, after all this time, the have Democratic Presidents. We will the years in both parties. But this use Democratic leader was able to an- have Republican-controlled Senates; of secret holds for extended periods to nounce a date for a vote on this long- standing nomination of this out- and we will have Democratic-con- doom a nomination from ever being trolled Senates. I have served here considered by the Senate is wrong, un- standing jurist. As the St. Louis Post-Dispatch noted twice with the Democrats in control; fair, and beneath us. twice with the Republicans in control. Who is it who is afraid to vote on in an editorial last week: The precedents we establish are impor- these nominations? Who is it who is Seven of the 10 judicial nominees who have tant if we are to go into the next cen- hiding their opposition and obstructing been waiting the longest for confirmation tury as the kind of body the Senate these nominees? Can it be they are are minorities or women. This is hardly a shock to those of us who have watched [Jus- should be. such a minority, they know that if it tice] White, an African-American, be ushered We should be the conscience of the comes to a fair vote, these good men to the back of the bus. Nation. On some occasions we have and women will be confirmed? The words of the St. Louis Post-Dis- been. But we tarnish the conscience of So rather than to allow a fair vote, patch. this great Nation if we establish the they will keep it from coming to a Marsha Berzon has been one of the precedence of partisanship and rancor vote. I would bet you that the same most qualified nominees I have seen in that go against all precedents and set people who are holding these nomina- my 25 years. Her legal skills are out- the Senate on a course of meanness and tions back from a vote will go home on standing. Her practice and productivity smallness. That is what we are doing the Fourth of July and other holidays have been extraordinary. Lawyers with these nominations. We should es- and give great speeches about the de- against whom she has litigated regard tablish, for future Senates, that we are mocracy of this country and how im- her as highly qualified for the bench. above this kind of partisanship. portant democracy is and why we have Her opponents in litigation are prais- Nobody in this body owns a seat in to allow people to vote and express the ing her and asking for her to be con- the Senate. Every single person serving will of the people—except in the Senate firmed. today will be gone someday. Every one and, apparently, except if you are a mi- She was long ago nominated for a of them will be replaced by others. As nority or a woman. judgeship within a circuit that saw this I said, in the relatively short time I If we can vote on the Stewart nomi- Senate hold up the nominations of have been here, hundreds of Senators nation within 4 weeks in session, we other qualified women for months and have gone through this body. But every can vote on the Paez nomination with- years—people like Margaret Morrow, one of us are guided by what previous in 4 years and the Berzon nomination who was held up for so long; Ann Senates have done. within 2 years. Let us vote up or down. Aiken, who was held up for so long; Do not let us end this century and Once more I say, look where we are: Margaret McKeown, who was held up this millennium leaving, as guidance There is Stewart, pending 2 months; for so long; Susan Oki Mollway, who for the next century and the next mil- Marsha Berzon, pending 20 months; was held up for so long. Marsha Berzon, lennium and the next Senate, partisan- Justice Ronnie White of Missouri, too, has now been held up for 20 ship that tears at the very fabric, not pending 27 months; Judge Richard months. only of the Senate but of the independ- Paez, pending 44 months. I look at The Atlanta Constitution, from At- ence of the Federal judiciary itself. So those green lines of this chart showing lanta, GA, noted last Thursday: many judges, judges who are consid- the time that each of these nomina- Two U.S. appellate court nominees, Rich- ered conservative, judges who are con- tions has been pending and I wish they ard Paez and Marsha Berzon, both of Cali- sidered liberal, judges who have had a could each be the short sliver that rep- fornia, have been on hold for four years and Republican background or a Demo- resents the Stewart nomination. With 20 months respectively. When Democrats cratic background, judges who have a name like PATRICK LEAHY, I want to tried Tuesday to get their colleagues to vote been appointed by Republican Presi- see green on St. Patrick’s Day; I do not on the pair at long last, the Republicans dents, judges who have been appointed want to see the long green lines on this scuttled the maneuver. The Paez case seems by Democratic Presidents, have been especially egregious. . . . This partisan stall- chart that represent delay and obstruc- ing, this refusal to vote up or down on nomi- united in saying: Stop this. Do not go tion of votes on women and minority nees, is unconscionable. It is not fair. It is on with this. Because you are tearing nominees. not right. It is no way to run the federal ju- at the very core of our independent ju- Judge Richard Paez is an outstanding diciary. Chief Justice William Rehnquist is diciary, the most independent judici- jurist, a source of great pride and inspi- hardly a fan of [President] Clinton. Yet even ary on Earth, a judiciary whose very ration to Hispanics in California and he has been moved to decry Senate delaying independence allows us to maintain a around the country. He served as a tactics and the burdens that unfilled vacan- balanced country, a country that is the local judge before being confirmed to cies impose on the federal courts. Tuesday’s most powerful on Earth, but a country the Federal bench several years ago. He deadlock bodes ill for judicial confirmations through the rest of [President] Clinton’s that is also the most free and the most is currently a federal district court term. This ideological obstructionism is so respected democracy. And a main fac- judge. He has twice been reported to fierce that it strains our justice system and tor guaranteeing that freedom and that the Senate by the Judiciary Com- sets a terrible partisan example for years to democracy is our independent judici- mittee, twice reported out for con- come. ary.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11796 CONGRESSIONAL RECORD — SENATE October 1, 1999 So, against this backdrop, I, again, especially given the urgent need to fill va- is engaged in a protracted effort to delay de- ask the Senate to be fair to these judi- cancies in a badly undermanned federal cisionmaking on judicial appointments cial nominees and all nominees. For bench. . . . The stalling, in many cases, is whether or not the appointee was, ulti- the last few years the Senate has al- nothing more than a partisan political dirty mately, confirmable. trick. lowed one or two or three secret holds In fact, I can think of a number of to stop judicial nominations, and that For the last several years, I have these people, having been held up is not fair. been urging the Judiciary Committee month after month after month, who Let me tell you what the Chief Jus- and the Senate to proceed to consider finally got a vote and ended up being tice of the U.S. Supreme Court wrote, a and confirm judicial nominees more confirmed overwhelmingly. Margaret man who is widely considered a con- promptly, without the months of delay Morrow is an example of that. She was servative Republican, also a man who, that now accompany so many nomina- held up for so long that it became a na- as we saw when he presided over the tions. Moreover, in the last couple tional disgrace that a woman so quali- Senate earlier this year, is a man of weeks, as I said earlier, independent fied, backed by both Republicans and fairness, of integrity and of great studies have verified the basis for Democrats in California, was held up learning. He wrote in January of last many of my concerns. apparently because she was a woman. year: According to the report recently re- And when finally the shame of it would Some current nominees have been waiting leased by the Task Force on Judicial not allow her to be held up any longer, a considerable time for a Senate Judiciary Selection of Citizens for Independent she came to a vote on the floor and was Committee vote or a final floor vote. . . . Courts, the time it has taken for the confirmed overwhelmingly. The Senate is surely under no obligation to Senate to consider nominees has grown In spite of efforts last year in the confirm any particular nominee, but after significantly, from an average of 83 aftermath of strong criticism from the the necessary time for inquiry it should vote days in 1993 and 1994 during the 103rd Chief Justice of the United States, the him up or vote him down. Congress, to over 200 days for the years vacancies facing the Federal judiciary I could not agree more with Chief 1997 and 1998 during the last Congress, remain at 63, with 17 on the horizon. Justice Rehnquist. We should follow the 105th. In fact, if we look at the av- The vacancies gap is not being closed. his advice. Let the Republican leader- erage number of days from confirma- We have more Federal judicial vacan- ship schedule up-or-down votes on the tion to nomination on an annual basis, cies extend longer and affecting more nominations of Judge Paez and Marsha we would see that the Senate has bro- people. There will be more in the com- Berzon so that the Senate can finally ken records for delay in each of the ing months. Judicial vacancies now act on them. Let us be fair to all. last 3 succeeding years, 1996, 1997, and stand at approximately 8 percent of the The response to the Senate action 1998. In fact, in 1998, the average time Federal judiciary. If you went to the last week was condemnation of the Re- for confirmation was over 230 days. number of judges recommended by the publican leadership’s refusal to proceed That independent report also verifies judicial conference, the vacancy rate to vote on the nominations of Judge that the time to confirm women as would be over 15 percent and total over Paez, Justice White, and Ms. Berzon. A nominees is now significantly longer 135. Washington Post editorial character- than to confirm men as nominees. That Nominees deserve to be treated with ized the conduct of the Republican ma- is a difference that defies any logical dignity and dispatch, not delayed for 2 jority as ‘‘simply baffling’’ and noted: explanation except one, and that one and 3 years. We are talking about peo- [T]he Constitution does not make the Sen- explanation does not shed credit on ple going to the Federal judiciary, a ate’s role in the confirmation process op- this great institution. They rec- third independent branch of Govern- tional, and the Senate ends up abdicating re- ommend that ‘‘the responsible officials ment. They are entitled to dignity and sponsibility when the majority leader denies address this matter to assure that can- nominees a timely vote. All the nominees respect. They are not entitled auto- awaiting floor votes, Mr. Stewart included, didates for judgeships are not treated matically for us to vote aye, but they should receive them immediately. differently based on their gender’’—be- are entitled to a vote, aye or nay. The editorial speaks to the responsi- cause they know that today they are. How do we go to other countries and bility of the Senate, and it is right. On I recall too well the obstacle course say: You need an independent judici- our side of the aisle, we have lived up that such outstanding women nomi- ary; you have to have a judiciary that to the responsibility. Again, I tell all nees as Margaret Morrow, Ann Aiken, people can trust; you have to treat it Senators, no matter how an individual Margaret McKeown, and Susan Oki with respect; when we are not doing Democratic Senator may vote on any Mollway were forced to run. Now it is that in the Senate? one of the pending nominees, no Demo- Marsha Berzon who is being delayed They deserve at least that. No nomi- cratic Senator has a hold on any judi- and obstructed, another outstanding nee gets an automatic ‘‘aye’’ vote, but cial nominee. We are all prepared to woman judicial nominee held up, and every nominee ought to be heard and vote. held up anonymously because every- at least voted on one way or the other. It is October 1, and the Senate has body knows that if she had a fair up-or- One of our greatest protections as acted on only 19 of the 68 judicial nomi- down vote, she would be confirmed. Americans is an independent judiciary, nations the President has sent us this I am angered by this, quite frankly, one the American people can respect year. We have only 4 weeks in which Mr. President. I think how I would and whose decisions they can respect. the Senate is scheduled to be in session react if this was my daughter being We have built in all kinds of counter- for the rest of the year. By this time held up like this, or the daughter of weights: the district court, the courts last year, the committee had held 10 someone I knew. of appeal, the Supreme Court. We have confirmation hearings for judicial The report of Citizens for Inde- this to make sure that there is this nominees and 43 judges had been con- pendent Courts recommends the Senate independence and balance. Yet we seem firmed. By comparison, this year there should eliminate the practice of allow- to be putting a break on it. The Sen- have been only 4 hearings and only 19 ing individual Members to place holds ate’s actions undermine our inde- judges have been confirmed. We are at on a nominee. We ought to consider pendent judiciary by the way we mis- less than half the productivity of last that. treat judicial nominations and perpet- year and miles behind the pace of 1994, This summer, Prof. Sheldon Goldman uate unnecessary vacancies. when by this time we had held 21 hear- and Elliot Slotnick published their We are seeing outstanding nominees ings and the Senate had confirmed 73 most recent analysis of the confirma- nitpicked and delayed to the point that judges. tion process in President Clinton’s sec- good men and women are being de- The Florida Sun-Sentinel said last ond term in Judicature magazine. They terred from seeking to serve as Federal Monday: note the ‘‘unprecedented delay at both judges. Some excellent lawyers are the committee and floor stages of Sen- being asked to serve as Federal judges The ‘‘Big Stall’’ in the U.S. Senate continues, as Senators work slower and slower ate consideration of Clinton judicial and they say: No, I do not want to go each year in confirming badly needed federal nominees’’ and conclude: through that. Why should I? judges. . . . This worsening process is inex- It is impossible to escape the conclusion In private practice, it is announced cusable, bordering on malfeasance in office, that the Republican leadership in the Senate they are going to be nominated to be a

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11797 Federal judge. All their partners will We took the action of initiating the 8 months, despite two Judiciary votes to come in and say: This is wonderful, calling up of a judicial nominee last confirm. Many vacancies have been unfilled congratulations. We are going to have week to demonstrate where we were. 18 months or more. a great party for you Friday. And when We have urged the taking up of a judi- Senators should heed the request of U.S. Supreme Court Justice William Rehnquist, are you going to move out of that cor- cial nominee today whom some Demo- who urged them to expedite confirmation ner office, because we want to move in? cratic Senators oppose in order to dem- hearings and votes. A good bill by Florida We realize you cannot take on any new onstrate our commitment to fairness Sens. Bob Graham and Connie Mack requires clients. We would be a little bit better for all. a Judiciary Committee vote within three off if you were out of the office now so There is never a justification to deny months, then allows any senator to bring the that we do not have any conflicts of in- any of these judicial nominees a fair matter to the Senate floor. The full Senate terest. up-or-down vote. There is no excuse for would have to vote one month after Judici- Then, for 2 or 3 years, they sit there, the failure to have a vote on Judge ary action. no income, no practice, neither fish nor ‘‘We are not doing our job,’’ Leahy told his Paez and Marsha Berzon. colleagues. ‘‘We are not being responsible. foul. In a Senate that is constantly I ask unanimous consent that copies voting to say we are in favor of family We are really being dishonest and conde- of the recent editorials from the Flor- scending and arrogant toward the judiciary. values—as though anybody is against ida Sun-Sentinel, the Atlanta Con- It deserves better and the American people them—maybe we ought to also consider stitution, the St. Louis Post-Dispatch, deserve better.’’ the families of nominees, who might the Denver Post, and the Washington Empty judicial benches and the Senate’s want to plan, and who need to know Post be printed in the RECORD. Big Stall cause severe problems. where that nomination is headed with- There being no objection, the mate- They worsen an already high judicial case- load, burning out overworked current judges. out unnecessary delay. rial was ordered to be printed in the I have been here with five Presi- They put off many civil lawsuits for years, RECORD, as follows: dents—I respected and know them all— delaying and thus denying justice to liti- President Ford, President Reagan, [From the Sun-Sentinel, South Florida, gants. They force a hurry-up in criminal cases President Carter, President Bush, and Sept. 20, 1999] PACE OF JUDICIAL CONFIRMATIONS LAGS that can lead to reversible error on appeal. President Clinton. I have been on the They force some talented nominees to drop The ‘‘Big Stall’’ in the U.S. Senate con- Judiciary Committee during that time. out, or not even apply. tinues, as senators work slower and slower I know for a fact that no President, Re- They cripple urgent efforts to get tough on each year in confirming badly needed federal crime. publican or Democrat, has ever con- judges. And they weaken an important branch of sulted more closely with Senators of More than eight months into 1999, the Sen- government. the party opposite from his on judicial ate has only confirmed 14 of President Clin- nominees. No other President has con- ton’s judicial nominees. By this time in 1998, [From the Atlanta Constitution, Sept. 23, 39 judges had been confirmed. In 1997, it was sulted as much with members of the 1999] other party as President Clinton has, 58 judges. GOP WON’T WARM JURISTS’ BENCHES and that has greatly expanded the time This worsening process is inexcusable, bor- it takes to make these nominations. dering on malfeasance in office, especially President Clinton struck a bad bargain two given the urgent need to fill vacancies on a months ago. He caved in to an insistent Sen. But he has done that. badly undermanned federal bench. Even after Orrin Hatch (R-Utah) and nominated a Hatch Having done that, the Senate at least three new judges were confirmed Sept. 8, 11 buddy with no judicial experience to be a should go about the business of voting nominations are still pending before the Ju- U.S. judge in Salt Lake City. on confirmation for the scores of judi- diciary Committee and 35 before the full Clearly, Clinton hoped Hatch, chair of the cial nominations that have been de- Senate. The president has not yet nominated Senate Judiciary Committee, and other Re- layed for too long without justifica- candidates to fill 24 other vacancies. publicans would appreciate the gesture and tion. The vacant seats, 70 of 846, represent 8.3 reciprocate in kind—let’s say, by finally This summer, in his remarks to the percent of all federal judges. freeing some of the multitude of Clinton ju- American Bar Association, the Presi- The stalling, in many cases, is nothing dicial nominees stranded in the upper cham- dent again urged us to action. He said: more than a partisan political dirty trick. ber. Judiciary Committee Chairman Orrin Hatch, Surprise, surprise. Clinton’s peace offering We simply cannot afford to allow political R–Utah, has inexcusably delayed several con- has sparked no such magnanimity. His par- considerations to keep our courts vacant and firmation hearings and refused to hold oth- tisan foes want to have their cake and eat to keep justice waiting. ers. Conservatives like Hatch hate the idea the president’s lunch, too. We must redouble our efforts to work of Clinton continuing to put his stamp on The issue came to a head Tuesday when with the President to end the long- the federal judiciary with more lifetime ap- Republicans attempted to confirm Hatch’s standing vacancies that plague the pointments. chum and right-wing soulmate, Ted Stewart. Federal courts and disadvantage all One of the newest people winning con- Democrats blocked the procedure, con- Americans. That is our constitutional firmation is Adalberto Jose Jordan of Miami, tending justifiably that Stewart had been responsibility. who will join the bench on the U.S. District pushed to the front of the line for Senate I continue to urge the Republican Court for the Southern District of Florida. consideration when other Clinton appointees This is the first time in many years that have waited in vain for a confirmation vote— leadership to attend to these nomina- the court will be operating at full strength. some for years. tions without obstruction and proceed At one time, it had four empty spots, with That’s right, years. Two U.S. appellate to vote on them with dispatch. I urge some vacancies going unfilled four years. court nominees, Richard Paez and Marsha that they schedule a vote on Judge Jordan’s nomination process moved much Berzon, both of California, have been on hold Paez and Marsha Berzon without fur- faster than most. The Senate got his nomi- for four years and 20 months respectively. ther delay. Again, I note for the record nation on March 15, held a confirmation When Democrats tried Tuesday to get their that no Democratic Senator objects to hearing July 13 and confirmed him Sept. 8. colleagues to vote on the pair at long last, them going forward for a vote—none. That’s still on the slow side; three months the Republicans scuttled the maneuver. We are prepared to go forward with a should be more than enough. Miami Judge The Paez case seems especially egregious. Stanley Marcus won confirmation to the He has been kept in limbo this long, Demo- vote on the shortest of notice at any 11th U.S. Circuit Court of Appeals in only 33 crats contend, because his GOP foes would time. So the continuing delays on both days. rather not cast a recorded vote against a Judge Paez and Marsha Berzon, are on Senate stalling on confirmations came Hispanic jurist. the Republican side. under deserved attack from Sen. Patrick This partisan stalling, this refusal to vote I do appreciate what the distin- Leahy of Vermont, the senior Democrat on up or down on nominees, is unconscionable. guished Republican leader and the dis- the Judiciary Committee. It is not fair. It is not right. It is no way to tinguished Democratic leader worked ‘‘Nominees deserve to be treated with dig- run the federal judiciary. out today. And I appreciate the efforts nity and dispatch, not delayed for two or Chief Justice William Rehnquist is hardly of the distinguished senior Senator three years,’’ Leahy said. ‘‘We are seeing a fan of Clinton. Yet even he has been moved from Utah. It is my hope that the ex- outstanding nominees nitpicked and delayed to decry Senate delaying tactics and the bur- to the point that good women and men are dens that unfilled vacancies impose on the ample the four of us have set today will being deterred from seeking to serve as fed- federal courts. move the Senate into a new productive eral judges.’’ Tuesday’s deadlock bodes ill for judicial chapter of our efforts to consider judi- Leahy called it a scandal and a shame that confirmations through the rest of Clinton’s cial nominations. one nomination has been stalled 3 years and term. This ideological obstructionism is so

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11798 CONGRESSIONAL RECORD — SENATE October 1, 1999 fierce that it strains our justice system and vote after leaving Democrats’ nominees while nominees who have waited around end- sets a terrible partisan example for years to twisting in the wind for years. lessly will continue to wait. come. Would-be California appeals judges Richard Democrats understandably balked at this, Paez and Marsha Berzon have waited four so on Tuesday they took the extraordinary [From the St. Louis Post-Dispatch, Inc., and nearly two years, respectively, for a Sen- step of filibustering a judicial nomination Sept. 24, 1999] ate vote. Ronnie White, the first African- from the Clinton White House—not in order CONFIRM RONNIE WHITE American state Supreme Court Justice in to prevent his confirmation but rather to ensure that other nominees get votes. After- Missouri Supreme Court Judge Ronnie Missouri, has been on hold for more than a year. ward, Democrats sought to force consider- White, in limbo more than 800 days awaiting ation of Judge Paez and Ms. Berzon, but Re- his confirmation hearing, saw his long road But Hatch, who won Clinton’s appointment of Stewart by freezing action on the others, publicans stopped this in two more party- to the federal bench take its most bizarre line votes. The result is that nobody is get- turn yet this week. Senate Republicans re- then tried to slip his man through without a vote on those who have waited so long. ting considered, though all of the nominees sorted to a highly unusual cloture vote to on the floor likely have the votes for con- try to force Democrats to vote on the nomi- Democrats retaliated by filibustering Stew- art’s nomination, and all progress had come firmation. nation of Ted Stewart, a friend of Republican The filibuster of a judicial nomination is a to a complete halt as of this writing. Sen. Orrin Hatch who was nominated, at Mr. very bad precedent, one we suspect Demo- While Hatch’s conduct was unconscionable, Hatch’s personal request, just two months crats will come to regret, but it’s hard to see there is plenty of blame to go around here. ago. The motion failed by five votes. what choice they had. The conduct of the Re- Clinton has taken an average of 315 days— The irony of Democrats stalling their publican majority here is simply baffling— President’s nominee was plain, as they have the most of any president ever—to choose and the rhetoric equally so. Mr. Hatch plead- been pleading for years for votes on can- nominees to fill judgeships. By comparison, ed with the Senate Tuesday evening to ‘‘stop didates. In a political deal gone wrong, Presi- President Carter averaged 240 days. playing politics with this nomination and dent Bill Clinton nominated Mr. Stewart—an The Senate also is taking far longer than allow a vote expeditiously’’—as though he environmentalist’s nightmare—in the appar- ever, from 38 days, in 19777–78 to 201 in 1997– had not himself played games to get Mr. ent belief this would jump-start the long- 98. Stewart nominated in the first place. Trent stalled confirmation process. The world Ideally, senators name a candidate, whom Lott last week expressed dismay that a mi- record holder in this wait-a-thon is Richard the president can accept or reject. If accept- nority of only 41 senators would be able to A. Paez (more than four years), followed by ed, the nominee’s name goes to the Senate block a nomination. But as Sen. Patrick Marsha L. Berzon (three years) and Mr. Judiciary Committee and, if approved, then Leahy pointed out in response, there is a White (more than two years). Instead of to the full Senate. The Senate should be able deep irony in fretting about the ability of a bringing these nominations to the floor, the to vote within two months after the presi- minority of 41 senators to stop a nomination maneuver resulted in Mr. Stewart being dent’s nomination. These days, it takes when Judge Paez has been held up for more moved to the head of the line. Democrats re- years. than three years by a tiny group of senators fused to consider him, and are digging in Even U.S. Supreme Court Chief Justice who do not even have to give their names to their heels until they are assured their top William Rehnquist has criticized the Senate keep his nomination from coming to a vote. three limbo inmates will be freed. for moving too slowly. Mr. Lott’s other comments were worse Cloture is a dramatic, desperate maneuver Almost one in 10 positions weren’t filled at still. He made it clear that confirming that has been used only a handful of times. the end of 1997. Today, 63 of the 843 federal judges is something he would rather not do Even the hotly contested nominations of judgeships are open—23 in appellate courts, at all. ‘‘There are not a lot of people saying: Robert H. Bork and Clarence Thomas did not 38 in district courts and one in international Give us more federal judges,’’ the majority require such hostile arm-twisting. It is un- trade courts. leader said on the floor last week. ‘‘I am try- thinkable that Republicans would resort to ‘Vacancies cannot remain at such high lev- ing to help move this thing along, but get- this over people like Mr. Paez. els of indefinitely without eroding the qual- ting more federal judges is not what I came But Democrats now fear Republicans ity of justice that traditionally has been as- here to do.’’ The honesty of this comment, at would stall the process until after the 2000 sociated with the federal judiciary,’ least, is refreshing. But the Constitution elections rather than vote on Mr. Paez. Rehnquist said. ‘Fortunately for the judici- does not make the Senate’s role in the con- Democrats say Republicans don’t like Mr. ary, a dependable corps of senior judges has firmation process optional, and the Senate Paez, but don’t want to be cast as voting contributed significantly to easing the im- ends up abdicating responsibility when the against a Hispanic. Gosh, who would ever get pact of unfilled judgeships.’ majority leader denies nominees a timely that impression? Seven of the 10 judicial That isn’t fair to overworked senior judges vote. All the nominees awaiting floor votes, nominees who have been waiting the longest or to those whose cases gather dust on back- Mr. Stewart included, should receive them immediately. for confirmation are minorities or women. logs. Both are common in Colorado. And it is This is hardly a shock to those of us who an injustice to the nominees whose careers Mr. LEAHY. Mr. President, again, I have watched Mr. White, an African-Amer- are frozen as they await appointment or re- make this heartfelt plea. I have made ican, be ushered to the back of the bus. jection. The president and senators should the same plea in private to the Repub- The Limbo Three are political prisoners. make the selection of judges a high priority lican leader, the Democratic leader, They are unquestionably qualified. If any- and stop staging delays as strategic moves. The federal judiciary is at stake. and others. I love the Senate for what thing, Mr. Stewart—chief of staff to Utah it can and should do. I know that, like Gov. Mike Leavitt—is the one who looks thin on courtroom credentials. Even if it [From the Washington Post, Thurs., everybody else my time here is only as delays the process further, Democrats should September 23, 1999] long as the voters and my health allow. not give in to this ridiculous double-dealing A VOTE FOR ALL THE JUDGES I also know that someday I will be and wave Mr. Stewart through until they are The nomination of Ted Stewart to a fed- gone and somebody else from Vermont assured Republicans will allow the process to eral district judgeship in Utah has been a will fill this seat. go forward. strange affair from the beginning. Tuesday it I look at the Senate as the con- Believe it or not, we’re getting tired of turned into a circus. science of this great Nation. It is a saying this: Confirm Ronnie White. Mr. Stewart, a favorite of Judiciary Com- body moving by precedence, moving mittee Chairman Orrin Hatch, was nomi- sometimes by what some would say is [From the Denver Post Corp., September 26, nated by President Clinton after Sen. Hatch 1999] an overformalized ritual, but moving in essentially froze consideration of the nomi- a way that the country can respect and ERASE JUDICIAL BACKLOG nees to force his appointment. When the in which the best of the country can be White House finally gave in, hoping to free Confirmation of federal judges has become reflected, a body that is built on prece- slower than molasses and more contentious some long-waiting appeals court judges, Mr. than a thicket of barbed wire, turning judi- Hatch moved Mr. Stewart through com- dence. cial nominees into pawns in a political proc- mittee within days—even though other A famous Thomas Jefferson story ess that has become a national disgrace. nominees have waited years to get con- spoke of the Senate as the saucer that Colorado’s vacancy of U.S. District Court firmed. allows cooling of passions, the Senate is frozen since President Clinton named Pa- Now Mr. Stewart is awaiting a floor vote, also allows us to step above partisan tricia Coan at the recommendation of Rep. as are several nominees who should have had politics because of our 6-year terms. Diana DeGette and other state Democrats, one long ago. Yet on the Senate floor last We have not done that with the judici- but Sen. Wayne Allard of Colorado refused to week, Majority Leader Trent Lott an- ary. We have a duty to protect the Sen- nounced that he planned to move Mr. Stew- back Coan and sent Clinton a list of his five ate, but also, because of our unique nominees instead. art to a vote without also holding votes for Even uglier was last week’s battle in the Richard Paez or Marshal Berzon, two of the role in the confirmation process, we Senate Judiciary Committee, where Chair- most abused administration nominees. Mr. have a duty to protect the integrity man Orrin Hatch, R-Utah, tried to push his Stewart, if Mr. Lott had his way, would be and independence of the Federal judici- nominee, Ted Stewart, through a Senate confirmed a few weeks after his nomination, ary. We are failing both in our duties

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11799 as Senators and we are failing in our official churches. So when it began THE VERY BAD DEBT BOXSCORE duty to the Federal court. cracking down on the Falun Gong Mr. HELMS. Mr. President, at the Let us all take a deep breath and meditation group, which it considers a close of business yesterday, Thursday, think about that and go back to doing cult, the government used this inexcus- September 30, 1999, the federal debt what we should—not for this President able action to perpetrate another—an stood at $5,656,270,901,615.43 (Five tril- or any past incident, but for all Presi- intensified assault on Christians. In lion, six hundred fifty-six billion, two dents, present and future, and for all August, the government arrested thir- hundred seventy million, nine hundred Senates, present and future, and for ty-one Christian house church mem- one thousand, six hundred fifteen dol- the American people, and for the great- bers in Henan province. Henan province lars and forty-three cents). est Nation on Earth, present and fu- must be a wellspring of faith because Five years ago, September 30, 1994, ture. over 230 Christians have been arrested the federal debt stood at Mr. President, I yield the floor and there since October. Now I am con- $4,692,750,000,000 (Four trillion, six hun- suggest the absence of a quorum. cerned that eight of these House dred ninety-two billion, seven hundred The PRESIDING OFFICER. The church leaders may face execution if fifty million). clerk will call the roll. they are labeled and treated as leaders Twenty-five years ago, September 30, The legislative clerk proceeded to of a cult. Let me say clearly and un- 1974, the federal debt stood at call the roll. equivocally that the eyes of the inter- $481,743,000,000 (Four hundred eighty- Mr. LOTT. Mr. President, I ask unan- national community are watching. I one billion, seven hundred forty-three imous consent that the order for the hope that these peaceful people will be million) which reflects a debt increase quorum call be rescinded. released. of more than $5 trillion— The PRESIDING OFFICER. Without $5,174,527,901,615.43 (Five trillion, one objection, it is so ordered. In the months leading up to this fif- hundred seventy-four billion, five hun- f tieth anniversary celebration, every- dred twenty-seven million, nine hun- thing and everyone has been swept dred one thousand, six hundred fifteen FIFTIETH ANNIVERSARY OF THE aside to cast a glamorous light on the PEOPLE’S REPUBLIC OF CHINA dollars and forty-three cents) during Communist party. But the reality is the past 25 years. Mr. HUTCHINSON. Mr. President, quite ugly. Hundreds of street children, f the Communist party is celebrating the homeless, and mentally and physically fiftieth anniversary of the People’s Re- disabled people have been rounded up REAUTHORIZING THE NATIONAL public of China on October 1. Unfortu- and forced into Custody and Repatri- FISH AND WILDLIFE FOUNDATION nately, many Chinese people have lit- ation centers across the country. They Ms. COLLINS. Mr. President, I rise tle reason to celebrate. Indeed, this is are beaten, they are given poor food in today in strong support of S. 1653, not a celebration of the Chinese people unsanitary conditions, and they must which would reauthorize the National but an orchestrated celebration of the pay rent. Fish and Wildlife Foundation. As an Communist party—a party of purges. In fact, only 500,000 people will be al- original cosponsor of this important From the formative decade at Yenan, lowed to participate in the celebration legislation, I would like to applaud the where the party was headquartered, in Beijing. Non-Beijing residents can- excellent work of Senator CHAFEE and and Mao Tse-tung soundly crushed not enter the city and migrant workers the Foundation to conserve the fish, challenges to his power; to the killing have been sent home. They will not be wildlife, and plant resources of the of hundreds of landlords in the 1950s; to able to see the Communist Party in all United States. the anti-rightist purging of half a mil- The Foundation was created by Con- its glory, as it displays the DF–31 lion people following the Hundred gress in 1984 to promote improved con- intercontinental ballistic missile and Flowers period and during the Great servation and sustainable use of our other arms, nor will they see the tanks Leap Forward; to the Cultural Revolu- country’s natural resources. Since rolling past Tiananmen Square. And tion, during which millions were mur- then, it has awarded over 2,400 grants, Tibetans in Lhasa, who certainly do dered or died in confinement, to the using $101 million in federal funds, not want to celebrate, are being forced massacre at Tiananmen Square just which it matched with $189 million in ten years ago—the Communist party to participate under threat of losing nonfederal funds, putting a total of has sustained its existence not by the their pay or their pensions. over $290 million on the ground to pro- consent of the people, but through the This gilded celebration will not ob- mote environmental education, protect violent elimination of dissent. scure the corrosion beneath. We must habitats, prevent species from becom- Even today, we see the party of recognize the nature of this regime. We ing endangered, restore wetlands, im- purges in action on a daily basis. The must never turn a blind eye or a deaf prove riparian areas, and conserve na- Communist party is deeply engaged in ear to cries of those suffering in China. tive plants. The hallmark of this out- a piercing campaign to silence the We must be realistic when we deal with standing organization is forgoing part- voices of faith and freedom—to purge the Chinese government. nerships between the public and pri- from society, anyone they see as a So when Time Warner chairman Ger- vate sectors—involving the govern- threat to their power. The Chinese gov- ald Levin courts President Jiang ment, private citizens, and corpora- ernment continues to imprison mem- Zemin even when Time Magazine’s tions—to address the root causes of en- bers of the Chinese Democracy Party. China issue is banned, when our top ex- vironmental problems. This reauthor- In August, the government sentenced ecutives are silent on human rights, ization will allow the Foundation to Liu Xianbin to thirteen years in prison when we put profit over principle, we continue its valuable work throughout on charges of subversion. His real are shielding our eyes from the stark the country. crime was his desire for democracy. Besides being an important link be- reality of persecution in China. As Another Democracy Party member, tween groups with differing interests in Ronald Reagan said, ‘‘. . . we demean Mao Qingxiang, was formally arrested natural resources, the Foundation is an the valor of every person who struggles in September after being held in deten- extremely effective tool for stretching for human dignity and freedom. And we tion since June. He will likely languish scarce federal dollars. The Foundation also demean all those who have given in prison for ten years because of his was created by the National Fish and that last full measure of devotion.’’ desire to be free. I could go on, but Wildlife Foundation Establishment some human rights groups estimate Mr. President, it is my sincere hope Act, which stipulates that the Founda- that there could be as many as 10,000 and desire that in the next fifty years, tion must match any federal money ap- political prisoners suffering in Chinese the Chinese people will truly have propriated to it on a one-to-one basis. prisons. The party is determined to something to celebrate. I hope that The Foundation does the Act one bet- purge from society, those people it they will no longer be suppressed by a ter. It has an internal policy of match- finds unsavory. regime that extracts dissent like weeds ing federal funds at least two-to-one And the Chinese government will not from a garden, but that they will be with money from individuals, corpora- tolerate people worshiping outside its able to enjoy the fruits of democracy. tions, state and local governments,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11800 CONGRESSIONAL RECORD — SENATE October 1, 1999 foundations, and nongovernmental or- H.R. 2981. An act to extend energy con- for International Development, transmit- ganizations. Furthermore, all of the servation programs under the Energy Policy ting, pursuant to law, the annual report on federal money appropriated to the and Conservation Act through March 31, 2000. activities under the Denton Program for the Foundation supports on-the-ground The enrolled bill was signed subse- period July 1, 1998 to June 30, 1999; to the Committee on Foreign Relations. conservation—its operating funds come quently by the President pro tempore strictly from private donations. The (Mr. THURMOND). EC–5472. A communication from the Chief, Regulations Branch, Customs Service, De- Foundation does not use federal funds partment of the Treasury, transmitting, pur- for lobbying; nor does it support At 1:57 p.m., a message from the suant to law, the report of a rule entitled projects that entail political advocacy House of Representatives, delivered by ‘‘Flights To and From Cuba’’ (RIN1515–AC51), or litigation. Ms. Niland, one of its reading clerks, received September 30, 1999; to the Com- In my home state of Maine, the announced that the House has agreed mittee on Finance. Foundation has invested over $3.4 mil- to the report of the committee of con- EC–5473. A communication from the Chair- lion in federal funds in 109 projects, ference on the disagreeing votes of the man, U.S. International Trade Commission, generating an additional $6.9 million in two Houses on the amendment of the transmitting, pursuant to law, the annual re- matching funds from private, cor- Senate to the bill, H.R. 1906, making port on the Caribbean Basin Economic Re- porate, and other state sources. Most appropriations for Agriculture, Rural covery Act (CBERA)—Impact on the United notably, the Foundation has funded Development, Food and Drug Adminis- States, and the Andean Trade Preference Act tration, and Related Agencies for the (ATPA)—Impact on the United States; to the projects in Maine to help fishermen Committee on Finance. cope with the collapse of traditional fiscal year ending September 30, 2000, groundfish fisheries, build a program to and for other purposes. EC–5474. A communication from the Chief, Regulations Unit, Internal Revenue Service, preserve Maine’s native Atlantic salm- The messages also announced that Department of the Treasury, transmitting, on, and protect habitat for breeding the House has passed the following pursuant to law, the report of a rule entitled Neotropical migratory birds. bills, in which it requests the concur- ‘‘Mutual Assurance, Inc. v. Commissioner’’, Mr. President, I strongly support this rence of the Senate: received September 7, 1999; to the Committee bill to reauthorize the National Fish H.R. 2910. An act to amend title 49, United on Finance. and Wildlife Foundation. Year after States Code, to authorize appropriations for EC–5475. A communication from the Sec- year, the Foundation consistently per- the National Transportation Safety Board retary of Health and Human Services, trans- forms valuable conservation work, not for fiscal years 2000, 2001, 2002, and for other mitting, pursuant to law, a report relative to only in my state, but throughout the purposes. the allotment of emergency funds to the country. Its ability to triple the power H.R. 2436. An act to amend title 18, United State of North Carolina; to the Committee on Health, Education, Labor, and Pensions. of federal funding for conservation is States Code, and the Uniform Code of Mili- tary Justice to protect unborn children from EC–5476. A communication from the Legis- unique, making it one of the most ef- assault and murder, and for other purposes. fective means we have for preserving lative and Regulatory Activities Division, f Administrator of National Banks, Comp- our natural resources. I urge my col- troller of the Currency, transmitting, pursu- leagues to join me in supporting expe- MEASURES REFERRED ant to law, the report of a rule entitled ‘‘In- ditious passage of this important meas- terim Rule Titled: Guidelines Establishing ure. The following bills were read the first Year 2000 Standards for Safety and Sound- and second times by unanimous con- ness for National Bank Transfer Agents and f sent and referred as indicated: Broker-Dealers’’ (RIN1557–AB73), received MESSAGES FROM THE PRESIDENT H.R. 2910. An act to amend title 49, United September 29, 1999; to the Committee on Banking, Housing, and Urban Affairs. Messages from the President of the States Code, to authorize appropriations for United States were communicated to the National Transportation Safety Board EC–5477. A communication from the Dep- uty Secretary, Division of Corporate Fi- the Senate by Mr. Williams, one of his for fiscal years 2000, 2001, and 2002, and for other purposes; to the Committee on Com- nance, Securities and Exchange Commission, secretaries. merce, Science, and Transportation. transmitting, pursuant to law, the report of EXECUTIVE MESSAGES REFERRED H.R. 2436. An act to amend title 18, United a rule entitled ‘‘International Disclosure As in executive session the Presiding States Code, and the Uniform Code of Mili- Standards’’ (RIN3235-AH62), received Sep- Officer laid before the Senate messages tary Justice to protect unborn children from tember 29, 1999; to the Committee on Bank- from the President of the United assault and murder, and for other purposes; ing, Housing, and Urban Affairs. States submitting sundry nominations to the Committee on the Judiciary. EC–5478. A communication from the Direc- tor, Office of Regulatory Management and which were referred to the appropriate f committees. Information, Office of Policy, Planning and Evaluation, Environmental Protection Agen- (The nominations received today are EXECUTIVE AND OTHER COMMUNICATIONS cy, transmitting, pursuant to law, the report printed at the end of the Senate pro- of a rule entitled ‘‘Imazapic-Ammonium; ceedings.) The following communications were Pesticide Tolerances for Emergency Exemp- f laid before the Senate, together with tions’’ (FRL #6382-3), received September 30, accompanying papers, reports, and doc- 1999; to the Committee on Agriculture, Nu- MESSAGE FROM THE HOUSE uments, which were referred as indi- trition, and Forestry. At 10:39 a.m., a message from the cated: EC–5479. A communication from the Acting Assistant Secretary, Land and Minerals, Bu- House of Representatives, delivered by EC–5469. A communication from the Com- reau of Land Management, Department of Ms. Niland, one of its reading clerks, missioner, Bureau of Reclamation, Depart- the Interior, transmitting, pursuant to law, ment of the Interior, transmitting a draft of announced that the House has agreed the report of a rule entitled ‘‘Application proposed legislation relative to new feasi- to the report of the committee of the Procedures’’ (RIN1004-AC83), received Sep- bility investigations for three water resource conference on the disagreeing votes of tember 29, 1999; to the Committee on Energy development projects within the Pacific the two Houses on the amendment of and Natural Resources. Northwest; to the Committee on Energy and the Senate to the bill, H.R. 2084, mak- Natural Resources. EC–5480. A communication from the Direc- ing appropriations for the Department EC–5470. A communication from the Prin- tor, Office of Regulatory Management and of Transportation and related agencies cipal Deputy Assistant Secretary for Con- Information, Office of Policy, Planning and for the fiscal year ending September 30, gressional Affairs, Department of Veterans Evaluation, Environmental Protection Agen- 2000, and for other purposes. Affairs, transmitting a draft of proposed leg- cy, transmitting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulga- ENROLLED BILL SIGNED islation relative to major facility projects and major facility lease programs for fiscal tion of State Implementation Plan: Alaska’’ At 11:40 a.m., a message from the year 2000; to the Committee on Veteran’s Af- (FRL #6450-8), received September 29, 1999; to House of Representatives, delivered by fairs. the Committee on Environment and Public Ms. Niland, one of its reading clerks, EC–5471. A communication from the Senior Works. announced that the Speaker has signed Deputy Assistant Administrator, Bureau for EC–5481. A communication from the Direc- the following enrolled bill: Legislative and Public Affairs, U.S. Agency tor, Office of Regulatory Management and

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11801 Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of ative to Filipino veterans; to the Committee Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to on Veterans’ Affairs. cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Regatta ASSEMBLY JOINT RESOLUTION NO. 15 of a rule entitled ‘‘Approval and Promulga- Regulations: SLR: Tall Stacks 1999 Ohio Whereas, the Philippine Islands, as a result tion of Implementation Plans; California River Mile 467.8–475.0, Cincinnati, OH (CGD of the Spanish-American War, were a posses- State Implementation Plan Revision, El Do- 08–99–052)’’ (RIN2115–AE46) (1999–0038), re- sion of the United States between 1898 and rado County Air Pollution Control District’’ ceived September 30, 1999; to the Committee 1946; and (FRL #6446-2), received September 29, 1999; to on Commerce, Science, and Transportation. Whereas, in 1934, the Philippine Independ- EC–5490. A communication from the Chief, the Committee on Environment and Public ence Act (P.L. 73–127) set a 10-year timetable Office of Regulations and Administrative Works. for the eventual independence of the Phil- EC–5482. A communication from the Direc- Law, U.S. Coast Guard, Department of ippines and in the interim established a gov- tor, Office of Regulatory Management and Transportation, transmitting, pursuant to ernment of the Commonwealth of the Phil- Information, Office of Policy, Planning and law, the report of a rule entitled ‘‘Technical ippines with certain powers over its own in- Evaluation, Environmental Protection Agen- Amendments; Organizational Changes; Mis- ternal affairs; and cy, transmitting, pursuant to law, the report cellaneous Editorial Changes and Con- Whereas, the granting of full independence of a rule entitled ‘‘National Emission Stand- forming Amendments (USCG 1999–6216)’’ ultimately was delayed for two years until ards for Hazardous Air Pollutants; National (RIN2115–ZZ02) (1999–0002), received Sep- 1946 because of the Japanese occupation of Emission Standards for Radon Emissions tember 30, 1999; to the Committee on Com- the islands from 1942 to 1945; and from Phosphogypsum Stacks’’ (FRL #6443-7), merce, Science, and Transportation. Whereas, between 1934 and the final inde- received September 28, 1999; to the Com- EC–5491. A communication from the Pro- pendence of the Philippine Islands in 1946, mittee on Environment and Public Works. gram Analyst, Office of the Chief Counsel, EC–5483. A communication from the Direc- Federal Aviation Administration, Depart- the United States retained certain sovereign tor, Office of Regulatory Management and ment of Transportation, transmitting, pur- powers over the Philippines, including the Information, Office of Policy, Planning and suant to law, the report of a rule entitled right, upon order of the President of the Evaluation, Environmental Protection Agen- ‘‘High Density Airports; Allocation of Slots’’ United States, to call into the service of the cy, transmitting, pursuant to law, the report (RIN2120–AG50), received September 30, 1999; United States Armed Forces all military of a rule entitled ‘‘Washington: Final Au- to the Committee on Commerce, Science, forces organized by the Commonwealth gov- thorization for State Hazardous Waste Man- and Transportation. ernment; and agement Program Revision’’ (FRL #6449-8), EC–5492. A communication from the Pro- Whereas, President Franklin D. Roosevelt, received September 28, 1999; to the Com- gram Analyst, Office of the Chief Counsel, by Executive order of July 26, 1941, brought mittee on Environment and Public Works. Federal Aviation Administration, Depart- the Philippine Commonwealth Army into the EC–5484. A communication from the Direc- ment of Transportation, transmitting, pur- service of the United States Armed Forces of tor, Office of Regulatory Management and suant to law, the report of a rule entitled the Far East under the command of Lieuten- Information, Office of Policy, Planning and ‘‘Noise Transition Regulations; Approach of ant General Douglas MacArthur; and Evaluation, Environmental Protection Agen- Final Compliance Date’’ (RIN2120–ZZ20), re- Whereas, under the Executive Order of cy, transmitting, pursuant to law, the report ceived September 30, 1999; to the Committee July 26, 1941, Filipinos were entitled to full of a rule entitled ‘‘Water Quality Standards; on Commerce, Science, and Transportation. veterans benefits; and Establishment of Numeric Criteria foe Pri- EC–5493. A communication from the Pro- Whereas, approximately 200,000 Filipino ority Toxic Pollutants; States’ Compliance- gram Analyst, Office of the Chief Counsel, soldiers, driven by a sense of honor and dig- Revision of Polychlorinated Biphenyls Federal Aviation Administration, Depart- nity, battled under the United States Com- (PCBs) (FRL #6450–5), received September 28, ment of Transportation, transmitting, pur- mand after 1941 to preserve our liberty; and 1999; to the Committee on Environment and suant to law, the report of a rule entitled Whereas, there are four groups of Filipino Public Works. ‘‘Revision of Class E Airspace; Center, TX; nationals who are entitled to all or some of EC–5485. A communication from the Asso- Direct Final Rule; Confirmation of Effective the benefits to which United States veterans ciate Bureau Chief, Wireless Telecommuni- Date; Docket No. 99–ASW–14 (9–23/9–30)’’ are entitled. These are: cations Bureau, Federal Communications (RIN2120–AA66) (1999–0318), received Sep- (1) Filipinos who served in the regular Commission, transmitting, pursuant to law, tember 30, 1999; to the Committee on Com- components of the United States Armed the report of a rule entitled ‘‘Amendment of merce, Science, and Transportation. Forces. the Amateur Service Rules to Provide for EC–5494. A communication from the Pro- (2) Regular Philippine Scouts, called ‘‘Old Greater Use of Spread Spectrum Tech- gram Analyst, Office of the Chief Counsel, Scouts,’’ who enlisted in Filipino-manned nologies, Report and Order’’ (FCC 99–234; WT Federal Aviation Administration, Depart- units of the United States Army prior to Oc- Docket No. 97–12), received September 29, ment of Transportation, transmitting, pur- tober 6, 1945. Prior to World War II, these 1999; to the Committee on Commerce, suant to law, the report of a rule entitled troops assisted in the maintenance of domes- Science, and Transportation. ‘‘Establishment of Class E Airspace; tic order in the Philippines and served as a EC–5486. A communication from the Chief, Pikeville, NY; Docket No. 99–ASO–13 (8–24/9– combat-ready force to defend the islands Office of Regulations and Administrative 30)’’ (RIN2120–AA66) (1999–0316), received Sep- against foreign invasion, and during the war, Law, U.S. Coast Guard, Department of tember 30, 1999; to the Committee on Com- they participated in the defense and retaking Transportation, transmitting, pursuant to merce, Science, and Transportation. of the islands from Japanese occupation. law, the report of a rule entitled ‘‘Safety/Se- EC–5495. A communication from the Pro- (3) Special Philippine Scouts, called ‘‘New curity Zone Regulations; Mile 94.0 to Mile gram Analyst, Office of the Chief Counsel, Scouts,’’ who enlisted in the United States 96.0, Lower Mississippi River, Above Head of Federal Aviation Administration, Depart- Armed Forces between October 6, 1945, and Passes (COTP New Orleans, LA 99–022)’’ ment of Transportation, transmitting, pur- June 30, 1947, primarily to perform occupa- (RIN2115–AA97) (1999–0064), received Sep- suant to law, the report of a rule entitled tion duty in the Pacific following World War tember 30, 1999; to the Committee on Com- ‘‘Standard Instrument Procedures; Miscella- II. merce, Science, and Transportation. neous Amendments (12), Amdt. No. 1950 (9–23/ (4) Members of the Philippine Common- EC–5487. A communication from the Chief, 9–30)’’ (RIN2120–AA65) (1999–0046), received wealth Army who on July 26, 1941, were Office of Regulations and Administrative September 30, 1999; to the Committee on called into the service of the United States Law, U.S. Coast Guard, Department of Commerce, Science, and Transportation. Armed Forces. This group includes organized Transportation, transmitting, pursuant to EC–5496. A communication from the Pro- guerrilla resistance units that were recog- law, the report of a rule entitled ‘‘Safety/Se- gram Analyst, Office of the Chief Counsel, nized by the United States Army; and curity Zone Regulations; Wedding on the Federal Aviation Administration, Depart- Whereas, The first two groups, Filipinos Lady Windridge Fireworks, New York Har- ment of Transportation, transmitting, pur- who served in the regular components of the bor, Upper Bay (CGD 01–99–163)’’ (RIN2115– suant to law, the report of a rule entitled United States Armed Forces and Old Scouts, AA97) (1999–0063), received September 30, ‘‘Standard Instrument Procedures; Miscella- are considered United States veterans and 1999; to the Committee on Commerce, neous Amendments (72), Amdt. No. 1951 (9–23/ are generally entitled to the full range of Science, and Transportation. 9–30)’’ (RIN2120–AA65) (1999–0047), received United States veterans benefits; and EC–5488. A communication from the Chief, September 30, 1999; to the Committee on Whereas, The other two groups, New Office of Regulations and Administrative Commerce, Science, and Transportation. Scouts and members of the Philippine Com- monwealth Army, are eligible for certain Law, U.S. Coast Guard, Department of f Transportation, transmitting, pursuant to veterans benefits, some of which are lower law, the report of a rule entitled ‘‘Regatta PETITIONS AND MEMORIALS than full veterans benefits; and Regulations: SLR: Winston Offshore Cup, The following petitions and memo- Whereas, United States veterans medical benefits for the four groups of Filipino vet- San Juan, PR (CGD 07–99–056)’’ (RIN2115– rials were laid before the Senate and AE46) (1999–0039), received September 30, 1999; erans vary depending upon whether the per- to the Committee on Commerce, Science, were referred or ordered to lie on the son resides in the United States or the Phil- and Transportation. table as indicated: ippines; and EC–5489. A communication from the Chief, POM–357. A joint resolution adopted by the Whereas, The eligibility of Old Scouts for Office of Regulations and Administrative Legislature of the State of California rel- benefits based on military service in the

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11802 CONGRESSIONAL RECORD — SENATE October 1, 1999 United States Armed Forces has long been Whereas, No segment of our society is ative to Medicare; to the Committee on Fi- established; and more critical to the future of human survival nance. Whereas, the federal Department of Vet- and society than our children; and ASSEMBLY JOINT RESOLUTION NO. 18 erans Affairs operates a comprehensive pro- Whereas, Children who have been sexually Whereas, Prescription drugs are an impor- gram of veterans benefits in the present gov- abused often experience health problems, tant component of modern medical treat- ernment of the Republic of the Philippines, eating disorders, learning difficulties, behav- ment; and including the operation of a federal Depart- ioral problems, fearfulness, social with- Whereas, Many elderly patients cannot af- ment of Veterans Affairs office in Manila; drawal, anxiety, depression, and suicidal ford necessary prescription drugs because of and thoughts; and their limited and fixed incomes; and Whereas, The federal Department of Vet- Whereas, Psychologists, as researchers, Whereas, The Medicare program, provided erans Affairs does not operate a program of educators, service providers, and policy ad- for pursuant to Title XVIII of the federal So- this type in any other country; and vocates, have played important roles in ad- cial Security Act (42 U.S.C. Sec. 1395 et seq.), Whereas, The program in the Philippines vancing knowledge regarding the con- generally does not provide coverage for the evolved because the Philippine Islands were sequences, effective treatment, and preven- cost of prescription drugs; and a United States possession during the period tion of child sexual abuse; and Whereas, Many medical insurance plans, 1898–1946, and many Filipinos have served in Whereas, It is the obligation of all public including senior health maintenance organi- the United States Armed Forces, and be- policymakers not only to support but also to zation plans, medical insurance plans for cause the preindependence Philippine Com- defend the health and rights of parents, fam- public and private employees, and medicaid, monwealth Army was called into the service ilies, and children; and provide coverage for the cost of prescription of the United States Armed Forces during Whereas, Information endangering to chil- drugs; now, therefore be it World War II (1941–1945); and dren is being made public and, in some in- Resolved by the Assembly and the Senate of Whereas, Our nation has failed to meet the stances, may be given unwarranted or unin- the State of California, jointly, That the Legis- promises made to those Filipino soldiers who tended credibility through release under pro- lature of the State of California respectfully fought as American soldiers during World fessional titles or through professional orga- memorializes the President and Congress of War II; and nizations; and the United States to enact legislation ex- Whereas, The Congress passed legislation Whereas, Elected officials have a duty to panding Medicare benefits to include the in 1946 limiting and precluding Filipino vet- inform and counter actions they consider cost of prescription drugs; and be it further erans that fought in the service of the damaging to children, parents, families, and Resolved, That the Chief Clerk of the As- United States during World War II from re- society; and sembly transmit copies of this resolution to ceiving most veterans benefits that were Whereas, California has made sexual mo- the President and Vice President of the available to them before 1946; and lestation of a child a felony and has declared United States, the Speaker of the House of Whereas, Many Filipino veterans have been parents who sexually molest their children Representatives, and to each Senator and unfairly treated by the classification of their to be unfit; and Representative in the California delegation service as not being service rendered in the Whereas, Virtually all studies in this area, in the Congress of the United States. United States Armed Forces for purposes of including those published by the American benefits from the federal Department of Vet- Psychological Association, condemn child POM–360. A joint resolution adopted by the erans Affairs; and sexual abuse as criminal and harmful to chil- Legislature of the State of California rel- Whereas, All other nationals who served in dren; and ative to the alternative minimum tax; to the the United States Armed Forces have been Whereas, The American Psychological As- Committee on Finance. recognized and granted full rights and bene- sociation repudiates and disassociates itself ASSEMBLY JOINT RESOLUTION NO. 7 fits, but the Filipinos, as American nationals from any organization or publication that Whereas, The federal Alternative Min- at the time of service, were and still are de- advocates sexual interaction between chil- imum Tax (AMT) is intended to assure that nied recognition and singled out for exclu- dren and adults; and wealthy income taxpayers do not avoid tax- sion, and this treatment is unfair and dis- Whereas, The American Psychological As- ation by using various credits, deductions, criminatory; and sociation in July 1998, published a review of and other tax preferences; and Whereas, On October 20, 1996, President 59 studies of college aged students that indi- Whereas, The AMT requires an increasing Clinton issued a proclamation honoring the cates that some sexual relationships between number of taxpayers to calculate their taxes nearly 100,000 Filipino veterans of World War adults and children may be less harmful than twice, under two different sets of rules, and II, soldiers of the Philippine Commonwealth believed, and that some of the college stu- pay whichever tax is higher; and Army, who fought as a component of the dents viewed their experience as positive at Whereas, The AMT affected 134,000 tax- United States Armed Forces alongside allied the time they occurred or positive when re- payers in 1988, it now affects nearly one mil- forces for four long years to defend and reflecting back on them; now, therefore, be it lion and will affect five million by 2006; and claim the Philippine Islands, and thousands Resolved by the Assembly and Senate of the Whereas, More than 20 percent of those more who joined the United States Armed State of California, jointly, That the Legisla- now paying AMT have adjusted gross in- Forces after the war; now, therefore, be it ture respectfully urges the President and comes of less than one hundred thousand dol- Resolved by the Assembly and the Senate of Congress to reject and condemn, in the lars ($100,000), and nearly 2 percent have ad- the State of California, jointly, That the Legis- strongest honorable written and vocal terms justed gross incomes of between thirty thou- lature of the State of California respectfully possible, any suggestions that sexual rela- sand dollars ($30,000) and forty thousand dol- memorializes the President and the Congress tions between children and adults, except for lars ($40,000); and Whereas, Families in the lowest income of the United States during the First Session those that may be legal in the various states tax bracket of 15 percent who cut their tax of the 106th Congress to take action nec- under statutes pertaining to marriage, are bills by taking advantage of the new tuition essary to honor our country’s moral obliga- anything but abusive, destructive, and child credits could be forced to pay some tion to provide these Filipino veterans with exploitive, reprehensible, and punishable by taxes at the higher AMT minimum rate of 26 the military benefits that they deserve, in- law; and be it further percent; and cluding, but not limited to, holding related Resolved, That the Legislature condemns hearings, and acting favorably on legislation Whereas, The sharp increase in the number and denounces all suggestions in the re- of moderate income earners affected by the pertaining to granting full veterans benefits cently published study by the American Psy- to Filipino veterans of the United States AMT is attributable to inflation indexing of chological Association that indicates sexual personal exemptions, the standard deduction Armed Forces; and be it further relationships between adults and ‘‘willing’’ Resolved, That the Clerk of the Assembly and tax-bracket break points, while AMT ex- children are less harmful than believed and emption amounts and tax brackets are not transmit a copy of this resolution to the might even be positive; and be it further President and the Vice President of the so indexed; and Resolved, That the Legislature encourages Whereas, The AMT’s inclusion of lower and United States, to the Speaker of the House competent investigations to continue to re- lower-adjusted gross incomes is exacerbated of Representatives, and to each Senator and search the effects of child sexual abuse using by a strong economy; and Representative from California in the Con- the best methodology so that the public and Whereas, The AMT disallows many deduc- gress of the United States. public policymakers may act upon accurate tions, credits, and other tax preferences that information; and be if further taxpayers could otherwise use, such as state POM–358. A joint resolution adopted by the Resolved, That the Chief Clerk of the As- and local taxes; and Legislature of the State of California rel- sembly transmit copies of this resolution to Whereas, The AMT distorts economic deci- ative to child sexual abuse; to the Com- the President and Vice President of the sions, especially in relation to capital forma- mittee on Health, Education, Labor, and United States, the majority leader of the tion, by raising marginal tax rates; and Pensions. Senate, the Speaker of the House of Rep- Whereas, Compliance costs related to the ASSEMBLY JOINT RESOLUTION NO. 21 resentatives, and to each Senator and Rep- AMT amount to at least 30 percent of its cur- Whereas, Children are a precious gift and resentative from California in the Congress rent revenue; and responsibility; and of the United States. Whereas, The inconsistent tax results be- Whereas, The spiritual, physical, and men- tween regular income tax and the AMT cre- tal well-being of children is our sacred duty; POM–359. A joint resolution adopted by the ate hidden, onerous tax choices, produce con- and Legislature of the State of California rel- flicting goals for tax and financial planning,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11803 and vastly increase the complexity of com- STATEMENTS ON INTRODUCED struction requirement into the Inter- pliance with the income tax law; now, there- BILLS AND JOINT RESOLUTION nal Revenue Code in order to enable fore, be it civil monetary penalties to be imposed Resolved by the Assembly and Senate of the By Mr. BIDEN (for himself and State of California, jointly, That California re- Mr. KERRY): on violators of the law. Passage of this spectfully urges the Congress of the United S. 1679. A bill to amend the Internal bill would continue the precedent es- States to index the AMT exemption and tax Revenue Code of 1986 to implement en- tablished by all previous mandates on brackets for inflation; and be it further forcement of the Women’s Health and health plans (those in the Health Insur- Resolved, That the Chief Clerk of the As- Cancer Rights Act of 1988; to the Com- ance Portability and Accountability sembly transmit copies of this resolution to mittee on Finance. Act, the Newborns’ and Mothers’ the President and the Vice President of the Health Protection Act, and the Mental United States, the Speaker of the House of BREAST RECONSTRUCTION IMPLEMENTATION ACT Representatives, the Senate Majority Lead- OF 1999 Health Parity Act), which were incor- er, the Senate Minority Leader, the House ∑ Mr. BIDEN. Mr. President, I am porated into all three statutes: Public Majority Leader, the House Minority Leader, pleased to introduce the Breast Recon- Health Service Act, Employee Retire- the Chair and ranking minority member of struction Implementation Act of 1999. ment Income Security Act, and the In- the Senate Finance Committee, the Chair This bill amends the Internal Revenue ternal Revenue Code. and ranking minority member of the House Code to require that all health plans Mr. President, I encourage my col- Committee on Ways and Means, and each provide coverage for breast reconstruc- leagues to finish the work that we Senator and Representative from California tion surgery after a woman has had a began last year to ensure that women in the Congress of the United States. mastectomy for breast cancer. can be fully restored to health after f Breast cancer is a frightening disease fighting breast cancer, and I urge them INTRODUCTION OF BILLS AND for women. It is common: a very high to support the Breast Reconstruction JOINT RESOLUTIONS percentage of women who live long Implementation Act of 1999 that I am ∑ The following bills and joint resolu- enough will eventually develop the dis- introducing today. ease. It is insidious: it can remain tions were introduced, read the first By Mr. ASHCROFT (for himself and second time by unanimous con- asymptomatic for many years before it and Mr. FEINGOLD): sent, and referred as indicated: is discovered. It is stealthy: it can recur many years after it has been S. 1680. A bill to provide for the im- By Mr. DASCHLE (for himself, Mr. thought to be cured. It is devastating: provement of the processing of claims MOYNIHAN, Mr. ROCKEFELLER, Mr. for veterans compensation and pen- KENNEDY, Mr. KERRY, Mr. BAUCUS, surgical treatment can be not only sions, and for other purposes; to the Mr. BINGAMAN, Ms. MIKULSKI, Mr. physically mutilating but psycho- DURBIN, Mr. REID, Mr. KERREY, Mr. logically devastating to a woman’s Committee on Veterans Affairs. TORRICELLI, Mr. CLELAND, Mrs. sense of femininity and self-esteem. VETERANS BENEFITS ADMINISTRATION BOXER, Mr. JOHNSON, Mr. REED, Mrs. And it is everywhere: there is hardly IMPROVEMENT ACT OF 1999 MURRAY, Mr. SCHUMER, Mr. BREAUX, anyone in this country who does not Mr. ASHCROFT. Mr. President, I ask Mr. DODD, Mr. LEVIN, Mr. SARBANES, have a close friend or loved one who unanimous consent that the text of the Mr. LEAHY, Mr. WELLSTONE, Mr. has been through an experience with bill be printed in the RECORD. BRYAN, Mr. DORGAN, Mr. LAUTEN- breast cancer. There being no objection, the bill was BERG, Mr. BYRD, Mr. HARKIN, Mrs. ordered to be printed in the RECORD, as FEINSTEIN, Mrs. LINCOLN, Mr. ROBB, Fortunately, there has been tremen- and Mr. INOUYE): dous progress in the treatment of follows: S. 1678. A bill to amend title XVIII of the breast cancer, and many women can S. 1680 Social Security Act to modify the provisions now be cured. However, as these breast Be it enacted by the Senate and House of Rep- of the Balanced Budget Act of 1997; to the cancer survivors attempt to resume resentatives of the United States of America in Committee on Finance. their normal lives after their treat- Congress assembled, By Mr. BIDEN (for himself, Mr. KERRY, ment, they can still be impacted by the SECTION 1. SHORT TITLE. and Ms. MIKULSKI): This Act may be cited as the ‘‘Veterans S. 1679. A bill to amend the Internal Rev- physical damage that follows mastectomy. Breast reconstruction surgery Benefits Administration Improvement Act of enue Code of 1986 to implement enforcement 1999’’. of the Women’s Health and Cancer Rights after mastectomy is thus a key part of SEC. 2. FINDINGS. Act of 1998; to the Committee on Finance. restoring the breast cancer patient Congress makes the following findings: By Mr. ASHCROFT (for himself and back to a satisfying and fulfilling life; (1) The Veterans Benefits Administration Mr. FEINGOLD): it is not simply a cosmetic procedure S. 1680. A bill to provide for the improve- of the Department of Veterans Affairs is re- to satisfy one’s vanity. sponsible for the timely and accurate proc- ment of the processing of claims for veterans In recognition of the importance of compensation and pensions, and for other essing of claims for veterans compensation purposes; to the Committee on Veterans Af- breast reconstruction after mastec- and pension. fairs. tomy, last year the Senate passed the (2) The accuracy of claims processing with- By Mr. CRAIG: Women’s Health and Cancer Rights Act in the Veterans Benefits Administration has S. 1681. A bill to extend the authority of as part of the Omnibus Appropriations been a subject of concern to Congress and the Thomas Paine National Historical Asso- Bill. This legislation, which was signed the Department of Veterans Affairs. ciation to establish a memorial to Thomas (3) While the Veterans Benefits Adminis- into law by the President, amended the tration has reported in the past a 95 percent Paine in the District of Columbia; to the Public Health Service Act and the Em- Committee on Rules and Administration. accuracy rate in processing claims, a new ac- By Mr. ROCKEFELLER (for himself ployee Retirement Income Security curacy measurement system known as the and Mr. GORTON): Act to require that health plans pro- Systematic Technical Accuracy Review S. 1682. A bill to amend title 49, United vide coverage for breast reconstruction found that, in 1998, initial review of veterans States Code, to authorize management re- after mastectomy. This coverage also claims was accurate only 64 percent of the forms of the Federal Aviation Administra- includes surgery on the unoperated time. tion, and for other purposes; to the Com- breast, if necessary, as well as the cost (4) The Veterans Benefits Administration could lose up to 30 percent of its workforce mittee on Commerce, Science, and Transpor- of breast prostheses and repair to phys- tation. to retirement by 2003, making adequate ical complications following mastec- training for claims adjudicators even more f tomy (e.g. lymphedema or arm swell- necessary to ensure veterans claims are SUBMISSION OF CONCURRENT AND ing). processed efficiently. SENATE RESOLUTIONS However, if we don’t pass further leg- (5) The Veterans Benefits Administration islation, the enforcement mechanisms needs to take more aggressive steps to en- The following concurrent resolutions sure that veterans claims are processed in an and Senate resolutions were read, and available to the Department of Labor to ensure that health plans comply accurate and timely fashion to avoid unnec- referred (or acted upon), as indicated: essary delays in providing veterans with with the breast reconstruction require- By Mr. LOTT: compensation and pension benefits. ment are generally limited to request- S. Res. 194. A resolution expressing sym- SEC. 3. IMPROVEMENT OF PROCESSING OF VET- pathy for the victims of the devastating ing a court to issue an injunction. The ERANS BENEFITS CLAIMS. earthquake that struck Taiwan on Sep- Breast Reconstruction Implementation (a) PLAN REQUIRED.—Not later than 90 days tember 21, 1999; considered and agreed to. Act will incorporate the breast recon- after the date of the enactment of this Act,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11804 CONGRESSIONAL RECORD — SENATE October 1, 1999 the Secretary of Veterans Affairs shall sub- delays on the ground, I implored my a consortium of interested parties, who mit to the Committees on Veterans’ Affairs colleagues to join me in putting a new are willing to share financial responsi- of the Senate and the House of Representa- and renewed emphasis on aviation, and bility for FAA-approved modernization tives, the Majority Leader of the Senate, and to commit ourselves to modernizing, equipment—and who can’t and don’t the Speaker of the House of Representatives a comprehensive plan for the improvement reforming, and, if need be, restruc- want to wait for the congressional of the processing of claims for veterans com- turing our air traffic system in order budget process to catch up with air pensation and pension. to meet surging travel demands in the traffic demands. In effect, the Associa- (b) ELEMENTS.—The plan under subsection new millennium. tion would leverage a relatively small (a) shall include the following: Today I am pleased to join with Sen- amount of FAA seed money to more (1) Mechanisms for the improvement of ator GORTON in offering my colleagues quickly procure and field ATC mod- training of claims adjudicators and for the a first step in that process by intro- ernization equipment through leasing enhancement of employee accountability ducing the Air Traffic Management Im- and bond arrangements. The pilot pro- standards in order to ensure that initial reviews of claims are accurate and that unnec- provement Act of 1999—a modest but gram allows for up to $50 million in essary appeals of benefit decisions and meaningful bill that would improve FAA funding per project, with a total delays in benefit payments are avoided. current management and operation of cap of $500 million. It also allows a (2) Mechanisms for strengthening the abil- the system, without prejudging the on- sponsoring airport to use a portion of a ity of the Veterans Benefits Administration going and important debate about passenger facility charge to meet their of the Department of Veterans Affairs to whether and how to more fundamen- commitment and provides incentives identify recurring errors in claims adjudica- tally restructure the air traffic over for airport participation. tions by improving data collection and man- the long term. In closing, I want to say how thank- agement relating to— The Air Traffic Management Im- ful I am for the good and sound leader- (A) the human body and the impairments ship of my friend and colleague Sen- common in disability and pension claims; provement Act of 1999 is focused in two and key areas—the first being internal ator GORTON and of FAA Administrator (B) recurring deficiencies in medical evi- FAA management reforms and the sec- Garvey and the outstanding FAA em- dence and examinations. ond being modernizing of the nuts and ployees who work with her and whose (3) Mechanisms for implementing a system bolts of the system itself. expertise, ideas, and technical assist- for reviewing claims-processing accuracy With respect to management re- ance are reflected in this bill. To my that meets the Government’s internal con- forms, this bill would create a new air mind the problems of the current sys- trol standard on separation of duties and the traffic control oversight committee, as tem are shared problems—we all bear program performance audit standard on or- a subcommittee of the FAA’s Manage- some responsibility for them and we all ganizational independence. need to step up to the plate to do some- (4) Quantifiable goals for each of the mech- ment Advisory Committee, and a new anisms developed under paragraphs (1) Chief Operating Officer (COO) position, thing to fix them. The FAA does a very through (3). with central responsibility for running commendable job with an incompre- (c) CONSULTATION.—In developing the plan and modernizing air traffic control hensibly difficult task—and they have under subsection (a), the Secretary shall services, developing and implementing a terrific safety record to show for it. consult with and obtain the views of vet- strategic and operational plans, and But the current system isn’t working erans organizations and other interested par- as well as it could or should, and we ties. putting together a budget for air traffic services. For both the COO and the can’t wait to do something about it. (d) IMPLEMENTATION.—The Secretary shall My goal in the Air Traffic Manage- implement the plan under subsection (a) FAA Administrator, the bill would au- commencing 60 days after the date of the thorize performance bonuses in order ment Improvement Act of 1999 is to submittal of the plan under that subsection. to allow us to attract and retain the give the FAA additional tools to get (e) MODIFICATION.—(1) The Secretary may highest caliber leadership possible for the job done in today’s more chal- modify the plan submitted under subsection running this essential national system. lenging aviation environment—and to (a). give the Congress and the country (2) Any modification under paragraph (1) The bill also makes clear that the Administrator should use her full au- some time to consider in a very delib- shall not take effect until 30 days after the erate and careful way some of the pro- date on which the Secretary submits to the thority to make organizational Committees on Veterans’ Affairs of the Sen- changes to improve the efficiency of posals for more far-reaching change. ate and the House of Representatives, the the system, without compromising the It is our intention to offer this bill as Majority Leader of the Senate, and the FAA’s primary safety mission, and an amendment to the FAA and AIP re- Speaker of the House of Representatives a asks the Administrator to report on authorization bill, S. 82, when it comes notice regarding such modification. and provide milestones for the agency’s to the Floor in the near future. I look (f) REPORTS.—Not later than January 1, forward to talking more about the de- 2000, and every 6 months thereafter, the Sec- new cost allocation system. With respect to air traffic moderniza- tails and great potential of these mod- retary shall submit to the Committees on est reforms at that time. I hope my Veterans’ Affairs of the Senate and the tion, the bill calls for a comprehensive House of Representatives, the Majority review and redesign of our airspace na- colleagues will join me in working to Leader of the Senate, and the Speaker of the tionwide, based on input from the avia- improve our air traffic system for the House of Representatives a report assessing tion community, and provides the re- benefit of the traveling public and of implementation of the plan under subsection sources necessary to get the job done the national economy. (a) during the preceding 6 months, including I ask unanimous consent that the in a timely fashion. The bill also in- an assessment of whether the goals set forth text of this bill be printed in the cludes an emergency authorization of under subsection (b)(4) are being achieved. RECORD. up to $100 million to speed up the pur- There being no objection, the bill was By Mr. ROCKEFELLER (for him- chase and fielding of modernization ordered to be printed in the RECORD, as equipment and technologies that could self and Mr. GORTON): follows: S. 1682. A bill to amend title 49, have made a difference in the gridlock S. 1682 United States Code, to authorize man- of this past summer but have been held agement reforms of the Federal Avia- Be it enacted by the Senate and House of Rep- up by inadequate funding. resentatives of the United States of America in tion Administration, and for other pur- Finally, the bill would set up an in- Congress assembled, poses; to the Committee on Commerce, novative pilot program to facilitate SECTION 1. SHORT TITLE. Science, and Transportation. public-private joint ventures for the This Act may be cited as the ‘‘Air Traffic AIR TRAFFIC MANAGEMENT IMPROVEMENT ACT purchase of air traffic control equip- Management Improvement Act of 1999’’. OF 1999 ment. It would create a not-for-profit SEC. 2. AMENDMENTS TO TITLE 49, UNITED Mr. ROCKEFELLER. Mr. President, 2 Air Traffic Modernization Association STATES CODE weeks ago I came to the Senate floor to with a three-member executive panel Except as otherwise specifically provided, talk with my colleagues in the Con- representing the FAA, commercial air whenever in this Act an amendment or repeal is expressed in terms of an amendment gress about the troubled state of our carriers, and primary airports. Ten to, or repeal of, a section or other provision nation’s air traffic control system. projects for modernization equipment of law, the reference shall be considered to After a long summer of dramatically would be selected from among applica- be made to a section or other provision of increased congestion in the skies and tions made by airlines and airports, or title 49, United States Code.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11805 SEC. 3. DEFINITIONS guide aircraft in the United States and tration for the air traffic control system, in- In this Act: United States-assigned airspace, including— cluding the establishment of— (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(A) allocated electromagnetic spectrum ‘‘(i) a mission and objectives; trator’’ means the Administrator of the Fed- and physical, real, personal, and intellectual ‘‘(ii) standards of performance relative to eral Aviation Administration. property assets making up facilities, equip- such mission and objectives, including safe- (2) SECRETARY.—The term ‘‘Secretary’’ ment, and systems employed to detect, ty, efficiency, and productivity; and means the Secretary of the Department of track, and guide aircraft movement; ‘‘(iii) annual and long-range strategic Transportation. ‘‘(B) laws, regulations, orders, directives, plans. SEC. 4. FINDINGS. agreements, and licenses; ‘‘(iv) methods of the Federal Aviation Ad- ‘‘(C) published procedures that explain re- The Congress makes the following findings: ministration to accelerate air traffic control quired actions, activities, and techniques (1) The nation’s air transportation system modernization and improvements in aviation used to ensure adequate aircraft separation; is projected to grow by 3.4 percent per year safety related to air traffic control. and ‘‘(B) OPERATIONS.—To review the oper- over the next 12 years. ‘‘(D) trained personnel with specific tech- (2) Passenger enplanements are expected to ational functions of the Federal Aviation Ad- nical capabilities to satisfy the operational, rise to more than 1 billion by 2009, from the ministration, including— engineering, management, and planning re- current level of 660 million. ‘‘(i) modernization of the air traffic control quirements for air traffic control.’’. (3) The aviation industry is one of our Na- system; SEC. 6. CHIEF OPERATING OFFICER FOR AIR ‘‘(ii) increasing productivity or imple- tion’s critical industries, providing a means TRAFFIC SERVICES. of travel to people throughout the world, and menting cost-saving measures; and (a) Section 106 is amended by adding at the ‘‘(iii) training and education. a means of moving cargo around the globe. end the following: ‘‘(C) BUDGET.—To— (4) The ability of all sectors of American ‘(r) CHIEF OPERATING OFFICER.— ‘‘(i) develop a budget request of the Federal society, urban and rural, to access, and to ‘‘(1) IN GENERAL.— Aviation Administration related to the air compete effectively in the new and dynamic ‘‘(A) APPOINTMENT.—There shall be a Chief traffic control system prepared by the Ad- global economy requires the ability of the Operating Officer for the air traffic control ministration; aviation industry to serve all the Nation’s system to be appointed by the Adminis- ‘‘(ii) submit such budget request to the Ad- communities effectively and efficiently. trator, after consultation with the Manage- ministrator and the Secretary of Transpor- (5) The Federal government’s role is to pro- ment Advisory Council. The Chief Operating tation; and mote a safe and efficient national air trans- Officer shall report directly to the Adminis- ‘‘(iii) ensure that the budget request sup- portation system through the management trator and shall be subject to the authority ports the annual and long-range strategic of the air traffic control system and through of the Administrator. plans developed under paragraph (4)(A) of effective and sufficient investment in avia- ‘‘(B) QUALIFICATIONS.—The Chief Operating this subsection. tion infrastructure, including the Nation’s Officer shall have a demonstrated ability in ‘‘(5) BUDGET SUBMISSION.—The Secretary airports. management and knowledge of or experience shall submit the budget request prepared (6) Numerous studies and reports, includ- in aviation. under paragraph (4)(D) of this subsection for ‘‘(C) TERM.—The Chief Operating Officer ing the National Civil Aviation Review Com- any fiscal year to the President who shall shall be appointed for a term of 5 years. mission, have concluded that the projected submit such request, without revision, to the expansion of air service may be constrained ‘‘(D) REMOVAL.—The Chief Operating Offi- cer shall serve at the pleasure of the Admin- Committees on Transportation and Infra- by gridlock in our Nation’s airways, unless structure and Appropriations of the House of substantial management reforms are initi- istrator, except that the Administrator shall make every effort to ensure stability and Representatives and the Committees on ated for the Federal Aviation Administra- Commerce, Science, and Transportation and tion. continuity in the leadership of the air traffic control system. Appropriations of the Senate, together with (7) The Federal Aviation Administration is the President’s annual budget request for the responsible for safely and efficiently man- ‘‘(E) COMPENSATION.— ‘‘(i) The Chief Operating Officer shall be Federal Aviation Administration for such aging the National Airspace System 365 days fiscal year.’’. a year, 24 hours a day. paid at an annual rate of basic pay not to ex- (8) The Federal Aviation Administration’s ceed that of the Administrator, including SEC. 7. FEDERAL AVIATION MANAGEMENT ADVI- SORY COUNCIL. ability to efficiently manage the air traffic any applicable locality-based payment. This ‘‘(a) MEMBERSHIP.—Section 106(p)(2)(C) is system in the United States is restricted by basic rate of pay shall subject the chief operating officer to the post-employment provi- amended to read as follows: antiquated air traffic control equipment. ‘‘(C) 13 members representing aviation in- (9) The Congress has previously recognized sions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) terests, appointed by— that the Administrator needs relief from the ‘‘(i) in the case of initial appointments to Federal government’s cumbersome personnel of that title. ‘‘(ii) In addition to the annual rate of basic the Council, the President by and with the and procurement laws and regulations to pay authorized by paragraph (1) of this sub- advice and consent of the Senate; and take advantage of emerging technologies and section, the Chief Operating Officer may re- ‘‘(ii) in the case of subsequent appoint- to hire and retain effective managers. ceive a bonus not to exceed 50 percent of the ments to the Council, the Secretary of (10) The ability of the Administrator to annual rate of basic pay, based upon the Ad- Transportation.’’. achieve greater efficiencies in the manage- ministrator’s evaluation of the Chief Oper- ‘‘(b) TERMS OF MEMBERS.—Section ment of the air traffic control system re- ating Officer’s performance in relation to the 106(p)(6)(A)(i) is amended by striking ‘‘by the quires additional management reforms, such performance goals set forth in the perform- President’’. as the ability to offer incentive pay for ex- ance agreement described in subsection (b) of ‘‘(c) AIR TRAFFIC SERVICES SUB- cellence in the employee workforce. this section. A bonus may not cause the COMMITTEE.—Section 106(p)(6) is amended by (11) The ability of the Administrator to ef- adding at the end thereof the following: fectively manage finances is dependent in chief Operating Officer’s total aggregate compensation in a calendar year to equal or ‘‘(E) AIR TRAFFIC SERVICES SUB- part on the Federal Aviation Administra- COMMITTEE.—The Chairman of the Manage- tion’s ability to enter into long-term debt exceed the amount of the President’s salary under section 102 of title 3, United States ment Advisory Council shall constitute an and lease financing of facilities and equip- Air Traffic Services Subcommittee to pro- ment, which in turn are dependent on sus- Code. ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.— vide comments, recommend modifications, tained sound audits and implementation of a The Administrator and the Chief Operating and provide dissenting views to the Adminis- cost management program. Officer shall enter into an annual perform- trator on the performance of air traffic serv- (12) The Administrator should use the full ance agreement that sets forth measurable ices, including— authority of the Federal Aviation Adminis- organization and individual goals for the ‘‘(i) the performance of the Chief Operating tration to make organizational changes to Chief Operating Officer in key operational Officer and other senior managers within the improve the efficiency of the air traffic con- areas. The agreement shall be subject to re- air traffic organization of the Federal Avia- trol system, without compromising the Fed- view and renegotiation on an annual basis. tion Administration; eral Aviation Administration’s primary mis- ‘‘(3) ANNUAL PERFORMANCE REPORT.—The ‘‘(ii) long-range and strategic plans for air sion of protecting the safety of the travelling Chief Operating Officer shall prepare and traffic services; public. submit to the Secretary of Transportation ‘‘(iii) review the Administrator’s selection, SEC. 5. AIR TRAFFIC CONTROL SYSTEM DEFINED. and Congress an annual management report evaluation, and compensation of senior ex- Section 40102(a) is amended— containing such information as may be pre- ecutives of the Federal Aviation Administra- (1) by redesignating paragraphs (5) through scribed by the Secretary.’’. tion who have program management respon- (41) as paragraphs (6) through (42), respec- ‘‘(4) RESPONSIBILITIES.—The Administrator sibility over significant functions of the air tively; and may delegate to the Chief Operating Officer, traffic control system; (2) by inserting after paragraph (4) the fol- or any other authority within the Federal ‘‘(iv) review and make recommendations to lowing: Aviation Administration responsibilities, in- the Administrator’s plans for any major re- ‘‘(5) ‘air traffic control system’ means the cluding, but not limited to the following: organization of the Federal Aviation Admin- combination of elements used to safely and ‘‘(A) STRATEGIC PLANS.—To develop a stra- istration that would effect the management efficiently monitor, direct, control, and tegic plan of the Federal Aviation Adminis- of the air traffic control system;

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11806 CONGRESSIONAL RECORD — SENATE October 1, 1999 ‘‘(v) review, and make recommendations duct the assessments described in this sub- solidation of terminal radar control facili- the Administrator’s cost allocation system section. To conduct the assessments, the In- ties and equipment, or assist in en route sur- and financial management structure and spector General may use the staff and re- veillance, including oceanic and off-shore technologies to help ensure efficient and sources of the Inspector General or contract flight tracking. cost-effective air traffic control operation. with one or more independent entities. ‘‘(5) SUBTANTIAL COMPLETION.—The term ‘‘(vi) review the performance and coopera- (2) ASSESSMENT OF ADEQUACY AND ACCURACY ‘substantial completion’ means the date tion of managers responsible for major ac- OF FEDERAL AVIATION ADMINISTRATION COST upon which a project becomes available for quisition projects, including the ability of DATA AND ATTRIBUTIONS.— service. the managers to meet schedule and budget (A) IN GENERAL.—The Inspector General ‘‘(c) AIR TRAFFIC MODERNIZATION ASSOCIA- targets; and shall conduct an assessment to ensure that TION.— ‘‘(vii) other significant actions that the the method for calculating the overall costs ‘‘(1) IN GENERAL.—There may be estab- Subcommittee considers appropriate and of the Federal Aviation Administration and lished in the District of Columbia a private, that are consistent with the implementation attributing such costs to specific users is ap- not for profit corporation, which shall be of this Act.’’. propriate, reasonable, and understandable to know as the Air Traffic Modernization Asso- SEC. 8. COMPENSATION OF THE ADMINISTRATOR. the users. ciation, for the purpose of providing assist- Section 106(b) is amended— (B) COMPONENTS.—In conducting the as- ance to obligors through arranging lease and (1) by inserting ‘‘(1)’’ before ‘‘The’’; and sessment under this paragraph, the Inspector debt financing of eligible projects. (2) by adding at the end the following: General shall assess the Federal Aviation ‘‘(2) NON-FEDERAL ENTITY.—The Associa- ‘‘(2) In addition to the annual rate of pay Administration’s definition of the services to tion shall not be an agency, instrumentality authorized for the Administrator, the Ad- which the Federal Aviation Administration or establishment of the United States Gov- ministrator may receive a bonus not to ex- ultimately attributes its costs. ernment and shall not be a ‘wholly-owned ceed 50 percent of the annual rate of basic (3) COST EFFECTIVENESS.— Government controlled corporation’ as de- pay, based upon the Secretary’s evaluation (A) IN GENERAL.—The Inspector General fined in section 9101 of title 31, United States of the Administrator’s performance in rela- shall assess the progress of the Federal Avia- Code. No action under section 1491 of title 28, tion to the performance goals set forth in a tion Administration in cost and performance United States Code, shall be allowable performance agreement. A bonus may not management, including use of internal and against the United States based on the ac- cause the Administrator’s total aggregate external benchmarking in improving the per- tions of the Association. compensation in a calendar year to equal or formance and productivity of the Federal ‘‘(3) EXECUTIVE PANEL.— exceed the amount of the President’s salary Aviation Administration. ‘‘(A) The Association shall be under the di- under section 102 of title 3, United States (B) ANNUAL REPORTS.—Not later than De- rection of an executive panel made up of 3 Code.’’. cember 31, 2000, the Inspector General shall members, as follows: SEC. 9. NATIONAL AIRSPACE REDESIGN. transmit to Congress an updated report con- ‘‘(i) 1 member shall be an employee of the (a) FINDINGS RELATING TO THE NATIONAL taining the results of the assessment con- Federal Aviation Administration to be ap- AIRSPACE.—The Congress makes the fol- ducted under this paragraph. pointed by the Administrator; lowing additional findings: (C) INFORMATION TO BE INCLUDED IN FED- ‘‘(ii) 1 member shall be a representative of (1) The National airspace, comprising more ERAL AVIATION ADMINISTRATION FINANCIAL RE- commercial air carriers, to be appointed by than 29 million square miles, handles more PORT.—The Administrator shall include in the Management Advisory Council; and than 55,000 flights per day. the annual financial report of the Federal ‘‘(iii) 1 member shall be a representative of (2) Almost 2,000,000 passengers per day tra- Aviation Administration information on the operators of primary airports, to be ap- verse the United States through 20 major en performance of the Administration sufficient pointed by the Management Advisory Coun- route centers including more than 700 dif- to permit users and others to make an in- cil ferent sectors. formed evaluation of the progress of the Ad- ‘‘(B) The panel shall elect from among its (3) Redesign and review of the National air- ministration in increasing productivity. members a chairman who shall serve for a space may produce benefits for the travelling SEC. 11. AIR TRAFFIC MODERNIZATION PILOT term of 1 year and shall adopt such bylaws, public by increasing the efficiency and ca- PROGRAM policies, and administrative provisions as pacity of the air traffic control system and (a) IN GENERAL.—Chapter 445 is amended are necessary to the functioning of the Asso- reducing delays. by adding at the end thereof the following: ciation. (4) Redesign of the National airspace ‘‘(4) POWERS, DUTIES AND LIMITATIONS—Con- should be a high priority for the Federal ‘‘§ 44516. Air traffic modernization joint ven- sistent with sound business techniques and Aviation Administration and the air trans- ture pilot program provisions of this chapter, the Association is portation industry. ‘‘(a) PURPOSE.—It is the purpose of this authorized— (b) REDESIGN REPORT.—The Administrator, section to improve aviation safety and en- ‘‘(A) to borrow funds and enter into lease with advice from the aviation industry and hance mobility of the nation’s air transpor- arrangements as lessee with other parties re- other interested parties, shall conduct a tation system by facilitating the use of joint lating to the financing of eligible projects, comprehensive redesign of the national air- ventures and innovative financing, on a pilot provided that any public debt issuance shall space system and shall submit a report to program basis, between the Federal Aviation be rated investment grade by a nationally the Committee on Commerce, Science, and Administration and industry, to accelerate recognized statistical rating organization; Transportation of the Senate and to the investment in critical air traffic control fa- ‘‘(B) to lend funds and enter into lease ar- Committee on Transportation and Infra- cilities and equipment. rangements as lessor with obligors, but— structure of the House on the Administra- ‘‘(B) DEFINITIONS.—As used in this section: ‘‘(i) the term of financing offered by the tor’s comprehensive national airspace rede- ‘‘(1) ASSOCIATION.—The term ‘Association’ Association shall not exceed the useful life sign. The report shall include projected mile- means the Air Traffic Modernization Asso- of the eligible project being financed, as esti- stones for completion of the redesign and ciation established by this section. mated by the Administrator; and shall also include a date for completion. The ‘‘(2) PANEL.—The term ‘panel’ means the ‘‘(ii) the aggregate amount of combined report must be submitted to the Congress no executive panel of the Air Traffic Moderniza- debt and lease financing provided under this later than December 31, 2000. There are au- tion Association. subsection for air traffic control facilities thorized to be appropriated to the Adminis- ‘‘(3) OBLIGOR.—The term ‘obligor’ means a and equipment— trator to carry out this section $12,000,000 for public airport, an air carrier or foreign air ‘‘(I) may not exceed $500,000,000 per fiscal fiscal years 2000, 2001, and 2002. carrier, or a consortium consisting of 2 or year for fiscal years 2000, 2001, and 2002; SEC. 10. FAA COSTS AND ALLOCATIONS SYSTEM more of such entities. ‘‘(II) shall be used for not more than 10 MANAGEMENT. ‘‘(4) ELIGIBLE PROJECT.—The term ‘eligible projects; and (a) REPORT ON THE COST ALLOCATION SYS- project’ means a project relating to the na- ‘‘(III) may not providing funding in excess TEM.—No later than July 9, 2000, the Admin- tion’s air traffic control system that pro- of $50,000,000 for any single project; and istrator shall submit a report to the Com- motes safety, efficiency or mobility, and is ‘‘(C) to exercise all other powers that are mittee on Commerce, Science, and Transpor- included in the Airway Capital Investment necessary and proper to carry out the pur- tation of the Senate and the Committee on Plan required by section 44502, including— poses of this section. Transportation and Infrastructure of the ‘‘(A) airport-specific air traffic facilities ‘‘(5) PROJECT SELECTION CRITERIA.—In se- House on the cost allocation system cur- and equipment, including local area aug- lecting eligible projects from applicants to rently under development by the Federal mentation systems, instrument landings sys- be funded under this section, the Association Aviation Administration. The report shall tems, weather and wind shear detection shall consider the following criteria: include a specific date for completion and equipment, lighting improvements and con- ‘‘(A) The eligible project’s contribution to implementation of the cost allocation sys- trol towers; the national air transportation system, as tem throughout the agency and shall also in- ‘‘(B) automation tools to effect improve- outlined in the Federal Aviation Administra- clude the timetable and plan for the implements in airport capacity, including passive tion’s modernization plan for alleviating mentation of a cost management system. final approach spacing tools and traffic man- congestion, enhancing mobility, and improv- (b) INDEPENDENT ASSESSMENT.— agement advisory equipment; and ing safety. (1) IN GENERAL.—The Inspector General of ‘‘(C) facilities and equipment that enhance ‘‘(B) The credit-worthiness of the revenue the Department of Transportation shall con- airspace control procedures, including con- stream pledged by the obligor.

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11807 ‘‘(C) The extent to which assistance by the agency’s share of the organizational and ad- droelectric licensing process by grant- Association will enable the obligor to accel- ministrative costs for the Air Traffic Mod- ing the Federal Energy Regulatory erate the date of substantial completion of ernization Association: Commission statutory authority to the project. ‘‘(1) $500,000 for fiscal year 2000; ‘‘(D) The extent of economic benefit to be ‘‘(2) $500,000 for fiscal year 2001; and better coordinate participation by derived within the aviation industry, includ- ‘‘(3) 500,000 for fiscal year 2002. other agencies and entities, and for ing both public and private sectors. ‘‘(i) RELATIONSHIP TO OTHER AUTHORITIES.— other purposes. ‘‘(d) AUTHORITY TO ENTER INTO JOINT VEN- Nothing in this section is intended to limit S. 980 TURE.— or diminish existing authorities of the Ad- At the request of Mr. BAUCUS, the ‘‘(1) IN GENERAL.—Subject to the conditions ministrator to acquire, establish, improve, name of the Senator from Alabama set forth in this section, the Administrator operate, and maintain air navigation facili- (Mr. SESSIONS) was added as a cospon- of the Federal Aviation Administration is ties and equipment.’’. authorized to enter into a joint venture, on ‘‘(b) CONFORMING AMENDMENT.— sor of S. 980, a bill to promote access to a pilot program basis, with Federal and non- ‘‘(1) Section 40117(b)(1) is amended by strik- health care services in rural areas. Federal entities to establish the Air Traffic ing ‘‘controls.’’ and inserting ‘‘controls, or to S. 1133 Modernization Association described in sub- finance an eligible project through the Air At the request of Mrs. MURRAY, her section (c) for the purpose of acquiring, pro- Traffic Modernization Association in accord- name was added as a cosponsor of S. curing or utilizing of air traffic facilities and ance with section 44516 of this title.’’. 1133, a bill to amend the Poultry Prod- equipment in accordance with the Airway ‘‘(2) The analysis for chapter 445 is amend- Capital Investment Plan. ed by adding at the end the following: ucts Inspection Act to cover birds of ‘‘(2) COST SHARING.—The Administrator is ‘‘44516. Air traffic modernization pilot pro- the order Ratitae that are raised for authorized to make payments to the Asso- gram.’’. use as human food. ciation from amounts available under sec- SEC. 12. EMERGENCY AUTHORIZATION FOR AIR S. 1144 tion 4801(a) of this title, provided that the NAVIGATION FACILITIES AND At the request of Mr. VOINOVICH, the agency’s share of an annual payment for a EQUIPMENT. name of the Senator from South Caro- lease or other financing agreement does not Section 48101(a) is amended— lina (Mr. HOLLINGS) was added as a co- exceed the direct or imputed interest portion ‘‘(1) by striking ‘‘a total of the following of each annual payment for an eligible amounts’’ and inserting $100,000,000 for fiscal sponsor of S. 1144, a bill to provide in- project. The share of the annual payment to year 2000 to fund critically needed, and al- creased flexibility in use of highway be made by an obligor to the lease or other ready developed, air traffic control equip- funding, and for other purposes. financing agreement shall be in sufficient ment that can be efficiently installed into S. 1187 amount to amortize the asset cost. If the ob- the National airspace to more safely and ef- At the request of Mr. DORGAN, the ligor is an airport sponsor, the sponsor may ficiently move traffic’’; and names of the Senator from Oregon (Mr. use revenue from a passenger facility fee, ‘‘(2) striking ‘‘title:’’ and all that follows provided that such revenue does not exceed and inserting ‘‘title.’’. SMITH) and the Senator from Wash- 25 cents per enplaned passenger per year. ington (Mrs. MURRAY) were added as f ‘‘(3) PROJECT SPECIFICATIONS.—The Admin- cosponsors of S. 1187, a bill to require istrator shall have the sole authority to ap- ADDITIONAL COSPONSORS the Secretary of the Treasury to mint prove the specifications, staffing require- S. 472 coins in commemoration of the bicen- ments, and operating and maintenance plan tennial of the Lewis and Clark Expedi- for each eligible project, taking into consid- At the request of Mr. GRASSLEY, the eration the recommendations of the Air name of the Senator from Alabama tion, and for other purposes. Traffic Services Subcommittee of the Man- (Mr. SESSIONS) was added as a cospon- S. 1242 agement Advisory Council. sor of S. 472, a bill to amend title XVIII At the request of Mr. AKAKA, the ‘‘(e) INCENTIVES FOR PARTICIPATION.—An of the Social Security Act to provide name of the Senator from New Jersey airport sponsor that enters into a lease or fi- certain medicare beneficiaries with an (Mr. TORRICELLI) was added as a co- nancial arrangement financed by the Air sponsor of S. 1242, a bill to amend the Traffic Modernization Association may use exemption to the financial limitations its share of the annual payment as a credit imposed on physical, speech-language Immigration and Nationality Act to toward the non-Federal matching share re- pathology, and occupational therapy make permanent the visa waiver pro- quirement for any funds made available to services under part B of the medicare gram for certain visitors to the United the sponsor for airport development projects program, and for other purposes. States. under chapter 471 of this title. S. 510 S. 1448 ‘‘(f) UNITED STATES NOT OBLIGATED.—The At the request of Mrs. MURRAY, her contribution of Federal funds to the Associa- At the request of Mr. CAMPBELL, the tion pursuant to subsection (d) of this sec- name of the Senator from Alaska (Mr. name was added as a cosponsor of S. tion shall not be construed as a commit- STEVENS) was added as a cosponsor of 1448, a bill to amend the Food Security ment, guarantee, or obligation on the part of S. 510, a bill to preserve the sov- Act of 1985 to authorize the annual en- the United States to any third party, nor ereignty of the United States over pub- rollment of land in the wetlands re- shall any third party have any right against lic lands and acquired lands owned by serve program, to extend the program the United States by virtue of the contribu- the United States, and to preserve through 2005, and for other purposes. tion. The obligations of the Association do State sovereignty and private property S. 1454 not constitute any commitment, guarantee or obligation of the United States. rights in non-Federal lands sur- At the request of Mr. ROBB, the name ‘‘(g) REPORT TO CONGRESS.—Not later than rounding those public lands and ac- of the Senator from Montana (Mr. BAU- 3 years after establishment of the Associa- quired lands. CUS) was added as a cosponsor of S. tion, the Administrator shall provide a com- S. 631 1454, a bill to amend the Internal Rev- prehensive and detailed report to the Senate At the request of Mr. DEWINE, the enue Code of 1986 to expand the incen- Committee on Commerce, Science, and name of the Senator from Utah (Mr. tives for the construction and renova- Transportation and the House Committee on tion of public schools and to provide Transportation and Infrastructure on the As- HATCH) was added as a cosponsor of S. sociation’s activities including— 631, a bill to amend the Social Security tax incentives for corporations to par- ‘‘(1) an assessment of the Association’s ef- Act to eliminate the time limitation ticipate in cooperative agreements fectiveness in accelerating the moderniza- on benefits for immunosuppressive with public schools in distressed areas. tion of the air traffic control system; drugs under the medicare program, to S. 1473 ‘‘(2) a full description of the projects fi- provide continued entitlement for such At the request of Mrs. MURRAY, her nanced by the Association and an evaluation drugs for certain individuals after of the benefits to the aviation community name was added as a cosponsor of S. and general public of such investment; and medicare benefits end, and to extend 1473, a bill to amend section 2007 of the ‘‘(3) recommendations as to whether this certain medicare secondary payer re- Social Security Act to provide grant pilot program should be expanded or other quirements. funding for additional Empowerment strategies should be pursued to improve the S. 740 Zones, Enterprise Communities, and safety and efficiency of the nation’s air At the request of Mr. CRAIG, the Strategic Planning Communities, and transportation system. for other purposes. ‘‘(h) AUTHORIZATION.—Not more than the name of the Senator from North Caro- following amounts may be appropriated to lina (Mr. HELMS) was added as a co- S. 1500 the Administrator from amounts made avail- sponsor of S. 740, a bill to amend the At the request of Mr. HATCH, the able under section 4801(a) of this title for the Federal Power Act to improve the hy- names of the Senator from Alabama

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11808 CONGRESSIONAL RECORD — SENATE October 1, 1999 (Mr. SHELBY), the Senator from New WARNER) was added as a cosponsor of AMENDMENTS SUBMITTED York (Mr. SCHUMER), and the Senator Senate Resolution 179, a resolution des- from Alabama (Mr. SESSIONS) were ignating October 15, 1999, as ‘‘National added as cosponsors of S. 1500, a bill to Mammography Day.’’ DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, amend title XVIII of the Social Secu- SENATE RESOLUTION 188 AND EDUCATION, AND RELATED rity Act to provide for an additional At the request of Mr. EDWARDS, the AGENCIES APPROPRIATIONS payment for services provided to cer- names of the Senator from Delaware tain high-cost individuals under the ACT, 2000 (Mr. BIDEN) and the Senator from Geor- prospective payment system for skilled gia (Mr. CLELAND) were added as co- nursing facility services, and for other sponsors of Senate Resolution 188, a purposes. NICKLES (AND OTHERS) resolution expressing the sense of the AMENDMENT NO. 1889 S. 1547 Senate that additional assistance Mr. NICKLES (for himself, Mr. At the request of Mr. BURNS, the should be provided to the victims of GREGG, Mr. GRAMM, and Mr. ASHCROFT) name of the Senator from Minnesota Hurricane Floyd. (Mr. WELLSTONE) was added as a co- proposed an amendment to the bill (S. sponsor of S. 1547, a bill to amend the AMENDMENT NO. 1824 1650) making appropriations for the De- Communications Act of 1934 to require At the request of Ms. COLLINS, the partments of Labor, Health and Human the Federal Communications Commis- names of the Senator from Michigan Services, and Education, and related sion to preserve low-power television (Mr. ABRAHAM), the Senator from Ohio agencies for the fiscal year ending Sep- stations that provide community (Mr. DEWINE), the Senator from Arkan- tember 30, 2000, and for other purposes; broadcasting, and for other purposes. sas (Mr. HUTCHINSON), and the Senator as follows: S. 1574 from Mississippi (Mr. COCHRAN) were Strike all after the first word, and insert At the request of Mr. CONRAD, the added as cosponsors of amendment No. the following: names of the Senator from North Da- 1824 proposed to S. 1650, an original bill PROTECTING SOCIAL SECURITY SURPLUSES. kota (Mr. DORGAN) and the Senator making appropriations for the Depart- (a) FINDINGS.—Congress finds that— (1) Congress and the President should bal- from Maryland (Ms. MIKULSKI) were ments of Labor, Health and Human ance the budget excluding the surpluses gen- added as cosponsors of S. 1574, a bill to Services, and Education, and related agencies for the fiscal year ending Sep- erated by the social security trust funds; and amend title XVIII of the Social Secu- (2) social security surpluses should only be rity Act to improve the interim pay- tember 30, 2000, and for other purposes. used for social security reform or to reduce ment system for home health services, the debt held by the public and should not be and for other purposes. f spent on other programs. (b) SENSE OF THE SENATE.—It is the Sense S. 1609 of the Senate that Congress should ensure At the request of Mrs. HUTCHISON, the SENATE RESOLUTION 194—EX- that the fiscal year 2000 appropriations name of the Senator from Mississippi PRESSING SYMPATHY FOR THE VICTIMS OF THE DEVASTATING measures do not result in an on-budget def- (Mr. COCHRAN) was added as a cospon- icit (excluding the surpluses generated by sor of S. 1609, a bill to amend title EARTHQUAKE THAT STRUCK the Social Security trust funds) by adopting XVIII of the Social Security Act to re- TAIWAN ON SEPTEMBER 21, 1999 an across-the-board reduction in all discre- vise the update factor used in making Mr. LOTT submitted the following tionary appropriations sufficient to elimi- payments to PPS hospitals under the resolution; which was considered and nate such deficit if necessary. medicare program. agreed to: f S. 1617 S. RES. 194 RESOLUTION REGARDING ASSIST- At the request of Mr. DEWINE, the Whereas on the morning of September 21, ANCE FOR VICTIMS OF HURRI- name of the Senator from Indiana (Mr. 1999, a devastating and deadly earthquake CANE FLOYD BAYH) was added as a cosponsor of S. shook the counties of Nantou and Taichung, 1617, a bill to promote preservation and Taiwan, killing more than 2,000 people, injur- public awareness of the history of the ing more than 7,800, and leaving more than EDWARDS (AND HELMS) Underground Railroad by providing fi- 100,000 homeless; AMENDMENT NO. 1890 Whereas the earthquake of September 21, nancial assistance, to the Freedom Mr. LOTT (for Mr. EDWARDS (for him- Center in Cincinnati, Ohio. 1999, has left thousands of buildings in ruin, caused widespread fires, and destroyed high- self and Mr. HELMS)) proposed an S. 1642 ways and other infrastructure; amendment to the resolution (S. Res. At the request of Mr. COCHRAN, the Whereas the strength, courage, and deter- 188) expressing the sense of the Senate name of the Senator from Washington mination of the people of Taiwan has been that additional assistance should be (Mrs. MURRAY) was added as a cospon- displayed since the earthquake; provided to the victims of Hurricane sor of S. 1642, a bill to amend part F of Whereas the people of the United States Floyd; as follows: title X of the Elementary and Sec- and Taiwan share strong friendship and mutual interests and respect; On page 4, line 14, after ‘‘Maryland,’’ insert ondary Education Act of 1965 to im- ‘‘Delaware,’’. prove and refocus civic education, and Whereas the United States has offered f for other purposes. whatever technical assistance might be needed and has dispatched the Urban Search NOTICE OF HEARING S. 1652 and Rescue Team of Fairfax County, Vir- At the request of Mr. CHAFEE, the ginia, the Fire Rescue Team of Miami-Dade, COMMITTEE ON ENERGY AND NATURAL name of the Senator from Texas (Mrs. Florida, and others; and RESOURCES HUTCHISON) was added as a cosponsor of Whereas offers of assistance have come Mr. CRAIG. Mr. President, I would S. 1652, a bill to designate the Old Ex- from the Governments of Japan, Singapore, like to announce for the public that a ecutive Office Building located at 17th Turkey, and others: Now, therefore, be it hearing has been scheduled before the Street and Pennsylvania Avenue, NW, Resolved, That the Senate— Subcommittee on Forests and Public in Washington, District of Columbia, as (1) expresses its deepest sympathies to the people of Nantou and Taichung and all of Land Management of the Senate Com- the Dwight D. Eisenhower Executive Taiwan for the tragic losses suffered as a re- mittee on Energy and Natural Re- Office Building. sult of the earthquake of September 21, 1999; sources. S. 1673 (2) expresses its support for the people of The hearing will take place on Thurs- At the request of Mr. DEWINE, the Taiwan as they continue their efforts to re- day, October 14, 1999 at 2:30 p.m. in name of the Senator from Michigan build their cities and their lives; room SD–366 of the Dirksen Senate Of- (Mr. ABRAHAM) was added as a cospon- (3) expresses support for disaster assistance fice Building in Washington, DC. sor of S. 1673, a bill to amend titles 10 being provided by the United States Agency The purpose of this hearing is to re- and 18, United States Code, to protect for International Development and other receive testimony on S. 610, a bill to di- lief agencies; and unborn victims of violence. (4) recognizes and encourages the impor- rect the Secretary of the Interior to SENATE RESOLUTION 179 tant assistance that also could be provided convey certain land under the jurisdic- At the request of Mr. BIDEN, the by foreign countries to alleviate the suf- tion of the Bureau of Land Manage- name of the Senator from Virginia (Mr. fering of the people of Taiwan. ment in Washakie County and Big

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11809 Horn County, Wyoming, to the Therefore, I urge my colleagues to out. I continue to explore new opportunities, Westside Irrigation District, Wyoming, join with the Polish community of so I don’ feel I’m growing old. But I do know and for other purposes; S. 1218, a bill to Pawtucket in celebrating the city’s what the calendar says.’’ ∑ Twenty years ago when Carter turned 55, direct the Secretary of the Interior to Polish American Heritage Month. October 1st, by striking coincidence, fell on issue to the Landusky School District, f Yom Kippur, the holiest day in Judaism. Re- without consideration, a patent for the flecting on that unusual concurrence in 1979, surface and mineral estates of certain HONORING THE 75TH BIRTHDAY OF then President Carter told me: ‘‘Reassess- lots, and for other purposes; S. 1331, a PRESIDENT CARTER ment of the past and plans for the future are bill to give Lincoln County, Nevada, ∑ Mr. LIEBERMAN. Mr. President, I important on one’s birthday. So all the more the right to purchase at fair market rise to recognize a milestone in the ex- important when a birthday falls on the same day as Yom Kippur—a supreme moral and value certain public land in the county; traordinary life of one of America’s S. 408, a bill to direct the Secretary of spiritual moment, a time to take stock of most distinguished statesmen, former one’s personal life as well as to evaluate the Interior to convey a former Bureau President Jimmy Carter, who cele- one’s role in society... We all need a new of Land Management administrative brates his 75th birthday today. spirit, a new heart...and we can do better site to the City of Carson City, Nevada, Twenty-three years ago, in the tur- by reviewing our past...to discover where for use as a senior center; S. 1629, a bill bulent aftermath of Watergate, Ameri- we went wrong.’’ to provide for the exchange of certain cans yearned for a leader of honesty America’s 39th president, Jimmy Carter land in the State of Oregon; S. 1599, a lost his re-election bid in 1980 to Ronald and integrity who would steward the Reagan, and was ‘‘devastated, disappointed bill to authorize the Secretary of Agri- country into an uncertain future. We culture to sell or exchange all or part and frustrated’’ at not being able to com- found that man in James Earl Carter, plete his goals. of certain administrative sites and Jr., a submariner and farmer-turned- Two years later, with his disappointment other land in the Black Hills National Georgia-Governor who we elected our diverted by the writing of his memoir, Carter Forest and to use funds derived from 39th President. reverted to his passion for the power of posi- the sale or exchange to acquire re- President Carter served very honor- tive thinking, and established, with his wife placement sites and to acquire or con- ably and ably during his term in office, Rosalynn, The Carter Center, within which he could pursue some of the programs and in- struct administrative improvements in earning distinction for diplomatic suc- connection with Black Hills National terests that ‘‘were interrupted when I was cesses such as overseeing in the signing forced into involuntary retirement.’’ Forest. of the Panama Canal Treaty and the Those who wish to submit written The Carter Center, located on 30 acres of a Camp David Accords. And in his 19 now landscaped hill in Atlanta, from which statements should write to the Com- years since leaving office, President General William Tecumseh Sherman mittee on Energy and Natural Re- Carter has demonstrated himself to be watched the fledgling city burn in 1864, con- sources, U.S. Senate, Washington, D.C. one of the world’s great humanitarians. sists of The Carter Presidential Library and 20510. For further information, please Museum and The Carter Center in four In 1982, he founded the Carter Cen- call Mike Menge at (202) 224–6170. linked circular pods. It is governed by an ter—a nonprofit, nonpartisan center f independent Board of Trustees and yet is a dedicated to promoting democracy, part of Emory University. It brings people ADDITIONAL STATEMENTS human rights, and conflict-resolution and resources together to resolve conflict, throughout the world. The center’s promote peace, democracy, and human work has been remarkable. In the past rights, as well as to fight disease, hunger, POLISH AMERICAN HERITAGE two decades—whether fighting to poverty, and oppression worldwide. It was at The Carter Center that President MONTH eradicate Guinea worm disease, ∑ William J. Clinton last month presented, Mr. REED. Mr. President, I rise thwarting conflict in Haiti, or helping separately to Rosalynn and Jimmy Carter, today to recognize the city of Paw- to free political prisoners across the the Presidential Medal of Freedom, Amer- tucket, Rhode Island’s celebration of globe—President Carter has carved out ica’s highest civilian honor. ‘‘They have done October as Polish American Heritage a deserved reputation as one of the more good things for more people in more Month. most active, humane, and accom- places than any other couple,’’ Clinton stat- Famous leaders, musicians and sci- plished ex-Presidents in American his- ed. ‘‘The work they do through this extraor- entists of Polish descent have made nu- tory. dinary Center to improve our world is unpar- alleled in our Nation’s history... Their merous contributions to society. Pope President Carter talked candidly John II, of Wadowice, Poland was the journey is one of love and faith, and this about his Presidential legacy and his Center has been their ministry.’’ first non-Italian Pope chosen by the gratifying years after office in a profile Clinton also remarked that to call Jimmy Roman Catholic Church in more than recently written by White House cor- Carter the greatest former president in his- 400 years. Fryderyk Chopin of Zelazowa respondent Trude B. Feldman to com- tory, as many have, doesn’t do justice either Wola, Poland is remembered for his memorate his 75th birthday. To pay to him or his work. ‘‘For, in a real sense, this unique approach to the piano and is tribute to one of America’s eminent Carter Center . . . is a continuation of the considered one of the greatest com- leaders, I ask that Ms. Feldman’s arti- Carter presidency,’’ he said. ‘‘The work he posers of all time. Marie Curie, of War- did in his four years (1977–81) in the White cle be printed in the RECORD. House not only broke important new ground, saw, Poland was awarded a Nobel Prize The article follows: for physics in 1903 and in 1911, a second it is still playing a large role in shaping to- [From Los Angeles Times Syndicate day’s world.’’ Nobel Prize for chemistry. Madame International] In accepting the Medal, Carter told the as- Curie is still the only woman in history PRESIDENT CARTER AT 75 sembled guests—family and friends—that to be awarded two Nobel Prizes. President Clinton’s words made him ‘‘almost The Polish heritage is so alive today (By Trude B. Feldman) speechless with emotion,’’ and he described because Polish Americans play an ac- ATLANTA, GA.—Former U.S. President the event as ‘‘one of the most beautiful of tive role in their cities, towns and com- Jimmy Carter turns 75 on October 1st and my life.’’ munities. Millions of Polish immi- says he is in good shape and determined not Carter went on to say that he and grants have settled in cities like Paw- to let aging get the better of him. Rosalynn find much satisfaction in The Car- In an interview to mark the milestone, he ter Center, and that it has given them, in ef- tucket all across America. The Polish adds: ‘‘My health is fine. I’ve had a full and fect, a new life, a life of pleasure, challenge, people brought their traditions, faith gratifying life, but now is the best time of adventure, and unpredictability. ‘‘We have and pride to communities across the all.’’ formed close relationships with people in country and established schools, Does the energetic Carter feel 75 years of small villages in Africa, and those hungry churches and organizations to help cel- age? for freedom and democracy in Indonesia, ebrate their heritage in America. With ‘‘Not really,’’ he tells me. ‘‘I feel young. Haiti, Paraguay, and other countries,’’ he over 47,000 people of Polish descent in I’m still doing the same things I did twenty stated. ‘‘We try to bring them the blessings Rhode Island alone, one cannot talk years age. I haven’t given up active sports, of America in an unofficial, but personal although I cut back on some. I run fewer way.’’ about the history of Rhode Island or miles a day and play less tennis. In softball, He added that he and Rosalynn visited the history of America without recog- my pitch is as accurate as ever, but I have some 115 foreign countries and learned about nizing the contributions of people of little power in my drives, and base running the people—their despair, hopelessness and Polish descent. is slower. Still, I don’t feel tired and worn lack of self respect. ‘‘We also learned that

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11810 CONGRESSIONAL RECORD — SENATE October 1, 1999 close relations are necessary between gov- old. I think that made her special in the ‘‘With that background and the Navy dis- ernments throughout the world and civilian minds of people around the world who knew cipline, Jimmy always tried to make his life organizations—non-governmental ones like her as a nine year old child in the White count for something. He has been given ex- The Carter Center.’’ House. Now they see her as a 31 year old traordinary opportunities, and he wants to During his birthday interview, I asked Car- mother and realize they, too, are now 22 use them . . . As a governor and president, ter if his 75 years were his to live over years older. So Amy is a kind of measuring he saw the enormity of the world’s problems, (again), what would he have done dif- stick for about how much we all have aged.’’ and has been driven by his faith and his be- ferently? Also remembered for having brought a lief that he needs to help less fortunate peo- ‘‘As for my life in the White House, the one child’s book to read at a State Dinner, Amy ple.’’ thing I would have handled differently is the Carter told me that celebrating her dad’s Terrence B. Adamson, Senior Vice Presi- hostage crisis,’’ he says. ‘‘From a human as- 75th birthday means a lot to her because she dent for Law, Business & Governmental Af- pect, it was the most infuriating experience looks up to him as ‘‘very special’’ and one fairs of the National Geographic Society, of my presidency. And had I been successful who has always been there for her. met Carter in 1968 when Terry was a high in rescuing the 52 American hostages in Iran, ‘‘Dad has always made me feel like I was school senior and Carter was a State Senator I believe I would have been re-elected presi- his priority,’’ she says. ‘‘When we lived in in the Georgia General Assembly. dent. the White House, there wasn’t a door I Now a close confidant, Adamson says that ‘‘I don’t feel grieved that I lost the second couldn’t open or a meeting I couldn’t inter- Carter’s love of humanity and of God is what term, but what I would have done differently rupt, if it was important that I talk with drives him. ‘‘His basic Judaic Christian un- during that ordeal is to send one more heli- him. derpinning is at his core,’’ he adds. ‘‘Awards copter to the desert, one which would have ‘‘He is also wonderful at telling people that and accolades and wealth aren’t important likely resulted in a successful rescue oper- he cares about them. That trait is what I to him. He has grown comfortable with The ation.’’ hope I have inherited from him.’’ Carter Center as his legacy—as a viable on- In Nov. 1979, after the Islamic Revolution She adds: ‘‘I’m also grateful that when I going institution pursuing advances in in Iran, and one year before Carter’s defeat was young, he shared with me his love of health and democracy.’’ for re-election, radical students seized the books because reading has been such a pleas- Asked what has motivated Carter in his U.S. embassy in Tehran and took some 66 ure, and I intend to pass that on to my son. post presidency, Adamson’s response is that Americans as hostages. Although some were I have fond memories of sitting on my dad’s Carter is no different now in his core beliefs subsequently released, 52 were held captive lap while he would help me sound out words and values from when he was president. ‘‘Of for 444 days—till the end of Carter’s presi- in the newspapers. course, he has matured and grown wiser,’’ he dency. ‘‘There are other nice memories, but one of says. ‘‘But in 1976, he was a sudden entrant On April 24, 1980, he ordered a covert the least well-known things about my dad is on the national scene, not well-known. Over snatch operation to pluck them out of the one of the greatest—he has a hilarious and the past 18 years, he has validated, by his embassy. During the operation, two aircraft unflinchingly sarcastic sense of humor . . . conduct, the values he espoused during his collided in a desert staging area, killing often directed at himself. Days later, I will presidency. At the time, they were too fre- eight servicemen. In Nov. 1980, the militants suddenly remember something he said, and I quently seen by a cynical public soured by relinquished the hostages to the Iranian gov- laugh out loud. He is still a lot of fun.’’ the Watergate scandals as just the ernment. With Algeria acting as an inter- Amy’s grandmother, Allie Smith, who will mouthings of another politician.’’ mediary, a deal was finally struck as celebrate her 94th birthday on Christmas, Perhaps Jimmy Carter, an idealist and a Carter’s presidency was ending. The hostages has known Jimmy Carter since he was born. realist, was President of the United States were released at noon—U.S. time—on Jan. (The Carters lived next door to the Smiths before his time. In his final Oval Office inter- 20, 1981, just as Carter turned over the U.S. until the Carters moved to a farm when view in Jan. 1981, President Carter told me government to its 40th president, Ronald Rosalynn Smith was one year old.) ‘‘I’ve that he agreed with President Kennedy that Reagan. watched Jimmy as a boy and as a man, and no matter what you expect before you be- When the freed hostages arrived in Wies- especially when he began courting come president, there is nothing that pre- baden, Germany, Carter was there to greet Rosalynn,’’ Mrs. Smith told me. ‘‘He was a pares you for the difficulties, complexities, them; and today, he still remembers each of handsome midshipman, and I was pleased or satisfactions of the job. their names, knows their whereabouts and when they married. ‘‘Sitting and working in this office is awe- remains in touch with most of them. And ‘‘At first, he was pretty dominant, but over some, but I never felt overcome by it,’’ he they still show their appreciation to him, the years, he and Rosalynn developed into then said. ‘‘I tried to minimize the trappings emotionally, for the political toll that his equal partners. Now they share almost ev- so that people would be comfortable and not ‘‘wisdom and patience’’ meant for their ulti- erything. Watching them grow older to- intimidated. I always wanted frank assess- mate safe release. gether has been a blessing to me. Jimmy is ments of what was going on around me so I ‘‘I often think about that ordeal,’’ Carter a fine son in law, just like one of my own would be aware of the attitude people had to- says. ‘‘From the outset I felt responsible for sons. He has always worked hard and has wards me and my administration. I liked their well being. And I remain convinced been a success in whatever he did.’’ this job of being President. I didn’t find it that the wisest course for a strong nation, What is it that drives Jimmy Carter to toilsome. I discovered that when problems when confronted with a similar challenge, care about other human beings to the extent were the most severe, that is when my advis- should be one of caution and restraint.’’ that he now does? ers were most often split 50–50 with their ad- As to what he would have done differently ‘‘What I do now is what I’ve done most of vice. And the solution was left to me, as in his personal life, Carter says his marriage my life—to take my talents, abilities, and President.’’ to Rosalynn has been the best thing that opportunities and make the most of them,’’ Regarding the qualities a president should happened to him. ‘‘So, even though she he responds. ‘‘It is exciting, challenging, and have, Carter says: ‘‘A willingness to work didn’t accept my first proposal, I would not adventurous. I try new things, go to different hard, a sense of the importance of the office have married any differently,’’ he adds. countries, make new friends and take on var- historically and a sense of the common good ‘‘Rosalynn is the only woman I ever loved. ious projects for The Carter Center. I don’t and general welfare, above and beyond spe- We married 53 years ago and are still bound consider my activities a sacrifice because cific interests and pressures.’’ together with increasing bonds as we grow they are all personally satisfying.’’ He adds that a president’s responsibilities older and need each other more. When we’re Asked if the satisfactions are that good, he are constant because something is always apart for even a day, I have the same hollow says, ‘‘Yes, they really are. I am not exag- happening in some part of the world with feeling of loneliness as when I was at sea (in gerating. And what also drives me to stay which he must concern himself. ‘‘In an emo- the Navy) early in our marriage. Now, in our busy is that I know the time will come—be- tional, intellectual, and, in some ways, a golden years, our primary purpose is not just cause of health reasons or because of deterio- physical sense, the job is very taxing,’’ he re- to stay alive, but to savor each opportunity ration, physically and mentally—when I will lates. ‘‘But so are other important, worth- for fulfillment.’’ have to somewhat back off. For now, I’m while positions which involve much pressure, Carter admits that, yes, they still argue, still as aggressive, active, and innovative as effort, and conscientiousness.’’ but are mature enough not to dwell on dis- I was years ago, and this is the kind of life What specifically had Carter learned from putes, and after a cooling off period, they ei- I enjoy.’’ his presidency? ther ignore their differences or reason with Rosalynn Carter, who joins her husband in ‘‘One thing I learned is that an incumbent each other. most of his activities and travels, and shares president discovers that there are no answers They are close to their three sons, Jack, 52; his work at The Carter Center, says that sev- which make everyone happy,’’ he replies. James Earl 3d (Chip), 49; and Jeffrey, 47; and eral things drive him. ‘‘As a boy, Jimmy ‘‘And sometimes there are no answers that daughter, Amy. Their ten grandchildren are worked on the family farm with his father, make anyone happy.’’ ‘‘an indescribable blessing . . .’’—the most who was a taskmaster,’’ she recalls. ‘‘Later, Carter went on to say that, had he merely recent one born July 29 to Amy and her hus- in the Navy, he worked for Admiral (Hyman) wanted to get rich, he would have remained band. Rickover, who had a major influence on him. in the peanut warehouse business or pursued Carter muses: ‘‘You remember Amy. She The Admiral was a driving force, demanded other business opportunities. was like a separate family for us because she long hours and perfection, and wouldn’t ‘‘But I’ve never cared about financial gain. was born when our youngest son was 15 years waste a moment. I’ve always cared about the people in our

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11811 country and the world,’’ he says. ‘‘I wanted jails in the 1970’s who were sustained by a ‘‘smartest pubic official I knew—the range to make a difference in people’s lives and smuggled news clipping of Carter cham- and extent of his knowledge are astounding. wanted to change—for the better—the world pioning their cause.’’ He can speak with authority on almost any situation.’’ Rosalynn Carter concurs with her husband topic.’’ When asked how he wants history to re- about the misconceptions of him, namely Carter, who has been knighted in Mali and gard his presidency, Carter puts it this way: that working for peace and human rights made an honorary tribal chief in Nigeria and ‘‘As one who did my best to act in the long- gave the impression of weakness. ‘‘War is Ghana, singles out international human term interest of America, and one who did so popular,’’ she notes, ‘‘but peace takes time, rights as his greatest foreign policy achieve- with an understanding of—but without too often with an appearance of inaction.’’ ment. great a consideration of—whatever adverse Another misconception, she adds, is that ‘‘Before I was president, the only president political consequences might flow from it he was not an affective president, ‘‘But I who had emphasized human rights to any de- ... think so much attention was paid to prob- gree was Harry Truman,’’ Carter notes. ‘‘You know, the presidency has enriched lems that were not of his making, that peo- ‘‘Now, much attention is paid to global my life in that I am a better man for having ple were unaware of how much was accom- human rights . . . so I hope my legacy as served. And in all humility, I hope that plished,’’ she says citing, for instance, the oil President will include protection of human America will consider itself a better place crisis that caused the inflation that he in- rights.’’ because of my service as president.’’ herited and that only began to improve as he Secretary of State Madelein Albright, who In Carter’s view, what were the misconcep- left the presidency. worked in the Carter White House as a staff tions of him? ‘‘Yet,’’ Mrs. Carter concludes, ‘‘despite the member of the National Security Council, ‘‘First, when I was a presidential can- misconceptions, history will treat him well told me that President Carter created an didate, I think many people underestimated . . . as one of America’s best presidents.’’ outstanding foreign policy record. ‘‘He put my tenacity and determination,’’ he reflects. Jimmy Carter’s clout continues to span human rights at center state, and the prin- ‘‘There were some formidable candidates, in- some of today’s headlines. In the controversy ciple has stood the test of time,’’ she says. cluding (former Senators) Hubert Humphrey, surrounding President Clinton’s conditional ‘‘Those who worked for him reflect those Henry Jackson, Mo (Morris K.) Udall, Ed- commutation of the sentence of the Puerto achievements with great pride. And not only mund Muskie, Frank Church, and Birch Rican activists, White House aides defend his does he have the respect of Americans, but of Bayh. They too, underestimated how hard I decision by singling out Carter’s support of citizens throughout the world.’’ would work and my desire to win. That was the President’s clemency. Today, Jimmy Carter says he is convinced one misassessment of me. Carter considers the pardon a correct deci- that he made a difference—in the U.S. and ‘‘As President, some people got the impression, but is surprised at the attention fo- abroad—a difference that is reflected in the sion that I was weak because I didn’t send cused on his support. He says that he did not work of The Carter Center, now in 35 dif- armed forces into battle and didn’t bomb or personally contact President Clinton on the ferent nations and Africa. ‘‘In most of the 35 fire missiles at anyone. When there was a se- matter, but that 2 years ago he wrote letters countries, the people see America as a coun- rious problem, I tried to work it out through about it to Attorney General Janet Reno. try that may well be on a different planet— negotiation and mediation, and peaceful, pa- He points out that some of the interest in a rich, strong, arrogant, and self-satisfying tient policies. I spent much time working on Clinton’s pardon of the Puerto Ricans has country,’’ he says. ‘‘I represent The Carter the Panama Canal Treaties, the Mid East been heightened by the fact that his pardon Center at villages in backward nations in Af- Peace process, normalizing relations with power ‘‘has rarely been exercised’’ during his rica and let the people know that the U.S. China, and helping Rhodesia become an inde- Presidency. really cares about them; that they don’t pendent nation in southern Africa. For some 6 years, Carter has pursued—di- need to suffer from a particular disease, or ‘‘So, because I was working for peace, em- rectly with President Clinton—a presidential that they can increase their production of phasizing human rights and not launching pardon for Patty Hearst, the newspaper heir- coal, rice and wheat, or that they can find missile attacks, the perception was pro- ess. As President, Carter commuted her sen- peace . . . for the first time.’’ moted by some that I was weak and not a tence for bank robbery to the approximately What difference has Carter made in Latin strong, macho president.’’ 2 years she had served. But he has long be- America, where his popularity is among the However, former President Gerald R. Ford, lieved that Hearst, who was kidnapped and highest in the world? who in 1976 lost the Presidency to Jimmy brutalized by radicals in 1974 as a college ‘‘The primary difference is the result of my Carter, told me that President Carter had student, should receive a presidential pardon commitment to human rights,’’ he responds. earned high marks in foreign diplomacy in because of the ‘‘model’’ life she has led for ‘‘If you note the history of most of the Latin his White House years. ‘‘Today, he should be the 20 years since her prison release. American countries, including Guatemala, highly complimented for his continuing lead- Of special concern to Carter today is the El Salvador, Nicaraqua, Panama, Columbia, ership in foreign policy under the auspices of chaos and violence in East Timor. He had Ecuador, Argentina, Chile, Brazil, and The Carter Center,’’ Mr. Ford adds. ‘‘Amer- traveled to Indonesia twice this year, as re- Paraquay, each had military dictatorships. ica has had an excellent diplomat in Jimmy cently as in July, to lead an international When I became President, we impressed on Carter on a global basis.’’ delegation to observe the national election the political leaders and private citizens the And President Clinton recently stated that after 38 years of military dictatorship in the significance of basic human rights, democ- Carter’s noteworthy foreign policy accom- world’s most populous country—striving to racy and freedom. Now, almost everyone of plishments include the Panama Canal trea- be the third most populous democracy. these countries is a democracy. America’s ties, the Camp David Accords, the Treaty of He says that The Carter Center was also commitments, public and private, are to pro- Peace between Egypt and Israel, the Salt II involved, at Indonesia president B.J. Habibi’s mote human rights and demand them—not treaty with the Soviet Union, and the estab- invitation, in monitoring the August elec- only for Americans but also for others.’’ lishment of U.S. diplomatic relations with tion on independence in East Timor. And his Argentina’s Ambassador to the U.S. Diego the People’s Republic of China. recent personal involvement has contributed Ramiro Dueler, has often publicly credited ‘‘. . . And I was proud to have Carter’s sup- to the United Nations peacekeeping mission Carter for having saved his life, as well as port when we worked together to bring de- to East Timor. the lives of many current leaders of Argen- mocracy back to Haiti and to preserve sta- Even while a resident in the White House, tina. bility on the Korean Peninsula,’’ Clinton ob- Carter was not impressed with the trappings ‘‘During my presidency, thousands of peo- served. ‘‘I’m grateful for the detailed incisive of pomp and circumstance that surrounded ple in Argentina were imprisoned, dis- reports he sent me from his trips to troubled the presidency. He brought informality to appeared while in jail, or were executed,’’ nations all across the globe, always urging the Executive Mansion. He would often carry Carter says, ‘‘and no one yet knows what understanding of their problems and their his own luggage to and from helicopters. happened to them.’’ points of view, always outlining practical Also, when he saw how members of the He adds that his administration put pres- steps to progress.’’ media were ‘‘contained’’ behind ropes while sure on the military dictators in Argentina, Further citing Carter’s influence, Clinton covering his events, he would often walk Chile, and others in Latin America that ulti- said, ‘‘Any elected leader in Latin America over and remove the iron chain or untie the mately forced them to honor human rights today will tell you that the stand Jimmy ropes. and led to the development of democracy in Carter took for democracy and human rights Yet, Carter’s National Security Adviser, the Americas. in Latin America put America on the right Dr. Zbigniew Brzezinski, now Counselor at ‘‘Frequently,’’ Carter humbly notes, side of history in our hemisphere. He was the The Center for Strategic & International ‘‘someone, now in business or government in first president to put America’s commitment Studies (CSIS), says that the mass media Latin America, will approach me to say that to human rights squarely at the heart of our were extremely unfair regarding President he owes his life to my emphasis on human foreign policy. Today, more than half of the Carter’s tenure . . . his performance as rights—and that’s quite moving and grati- world’s people live in freedom, not least be- former President should generate a reassess- fying.’’ cause he had the faith to lend American sup- ment of his presidency.’’ Robert M. Gates, former Director of the port to brave dissidents like Andrei Thomas P. (‘‘Tip’’) O’Neill, former Speaker CIA under President George Bush, points out Sakharov, Vaclav Havel, and Nelson of the House of Representatives, once said in his book, ‘‘From the Shadows’’ (Simon & Mandela. And there were thousands of less that when it comes to understanding the Schuster, 1996) that Jimmy Carter’s con- well known political prisoners languishing in issues of the day, Jimmy Carter is the tribution to the collapse of the Soviet Union

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11812 CONGRESSIONAL RECORD — SENATE October 1, 1999 and the end of the Cold War had been under now afflicted with totalitarian and abusive tainly prefers to have a second term. At appreciated. ‘‘Carter was the first President regimes,’’ he adds. ‘‘This issue should be on first, there is the disappointment about the during the Cold War to challenge publicly the table when our leaders have discussions unfinished promise of your goals. When my and consistently the legitimacy of Soviet with others.’’ four years ended, I was disheartened. I had rule at home,’’ Gates writes. ‘‘His (Carter’s) He adds that as a non-governmental orga- not expected to be defeated and I had no human rights policy, building on the impor- nization, and with no authority at all, The plans, at a relatively young age, of how to tant and then largely unrecognized role of Carter Center has many such requests each utilize my time and be productive.’’ the Helsinki Final Act, by the testimony of year, and is able to respond only to a few of Rosalynn Carter describes his defeat as a countless Soviet and East European dis- the most compelling. startling regret, adding: ‘‘Although I now sidents and future democratic leaders, chal- Carter went on to say that the U.S. should know that Jimmy is pleased that he had the lenged the moral authority of the Soviet always ‘‘raise high the banner of human opportunity to establish The Carter Center— government and gave American sanction and rights,’’ and be as consistent as possible in because through it, much has been accom- support of those resisting that govern- the application of this policy. plished—he also believes that if he had been ment. . .’’ ‘‘No other nation can take an effective lead re-elected president, the Center, which has Five years ago at The Carter Center, Rich- in carrying out commitments made at the exceeded all of our expectations, probably ard H. Solomon, President of the U.S. Insti- international environmental meeting (held never would have come into being.’’ tute of Peace, presented Jimmy Carter its in Rio de Janeiro) in eradicating land mines, Reflecting on the changes—over the first Spark M. Matsunaga Medal of Peace. in eliminating nuclear arsenals, in pro- years—in his philosophy, Carter says, ‘‘I The Institute recognized his ‘‘efforts to ad- tecting the rights of children, or in estab- think I’ve become more tolerant of opposing vance the cause of human rights by making lishing an effective international Criminal views, and I have learned to accommodate it a cornerstone of U.S. foreign policy’’ and Court.’’ the opinions of people who disagree with me. He concludes: ‘‘The most important single his ‘‘leadership, determination, and personal One reason is that I’m not now in a competi- issue to be addressed in the next century is diplomatic skills in concluding the Camp tive world. I can live side by side with those the widening gap between rich people and David Accords.’’ who think and act differently from me. I’m On a par with his human rights accom- poor people, both within nations and be- not competing with anyone for money, polit- plishments, Carter believes that another of tween the richest and poorest countries. Few ical office, or publicity.’’ Americans know that all other industrialized his achievements was initiated at Camp Carter, a lay preacher, adds: ‘‘I’m also nations are more generous than we in giving David, the presidential retreat in Maryland’s more broadminded about things not so nar- development assistance to the most needy Catoctin Mountains, which he made a house- rowly defined in my religious philosophy. As people in the world. In fact, whenever a Nor- hold name. you know, my basic religious faith has never There, for 13 days and nights in Sept. 1978, wegian gives a dollar, one of our citizens changed. It has been fairly constant. As a Carter provided the mechanism by which gives a nickel. To be generous to others Christian, I remain devout, and I read and would not be a financial sacrifice for us, but Israel’s Prime Minister Menachem Begin and teach the Bible. I feel an inner peace, an a great investment that would pay rich divi- Egypt’s President Anwar Sadat came inner sense of commitment and calm that dends.’’ together... ‘‘to realize their own commit- comes from my religious beliefs.’’ Born James Earl Carter, Jr. of English her- In 1976, then Chicago’s Mayor Richard ments and hopes.’’ itage on October 1st, 1924 in Wise Hospital, in The intense summit—originally suggested Daley remarked: ‘‘Jimmy Carter talks about Plains, Ga., Jimmy Carter was the first by Rosalynn Carter—resulted in two agree- true values. He also has a religious tone in president to be born in a hospital. what he says . . . and maybe we should have ments: establishing a framework for peace in There was no running water or electricity a little more religion in our communi- the Mideast; and a framework for the conclu- in his home during his early childhood. At ties. . . .’’ sion of a peace treaty between Egypt and age 5, he was selling boiled peanuts to neigh- The Rev. Billy Graham—who remembers Israel. Premier Begin and President Sadat bors and friends. that Jimmy Carter predicted that he would were subsequently awarded the Nobel Peace His father, a stern disciplinarian, often be President before he even became a can- Prize for their joint achievement. spanked him for wrong doings, like taking a didate—describes Carter as ‘‘a man of faith Harold Saunders, then Assistant Secretary penny from his church’s collection plate, and and sterling integrity . . . who was one of of State for Near Eastern and South Asian for shooting his sister with a BB gun. our most diligent presidents—persistent and Affairs, says that the agreement at Camp Nicknamed ‘‘Hot Shot,’’ and then ‘‘Hot,’’ painstaking in his attention to his respon- David and the Peace Treaty ‘‘could not have Jimmy Carter’s behavior in elementary sibilities.’’ been achieved without President Carter’s te- school was excellent. He was eager to learn In his book, JUST AS I AM (Harper Col- nacity, his personal command of the issues almost anything, but his interests then were lins, 1997), Rev. Graham also writes that he and the relationships he developed with the history and literature. respects Jimmy Carter’s intelligence and his two leaders and key members of their At age 12, when a teacher told him about a genuine and unashamed Christian commit- teams.’’ book named WAR AND PEACE, he thought ment. ‘‘After the disillusionment of Water- On the second anniversary (1980) of the it was about cowboys and Indians. With his gate, Americans were attracted by Carter’s Camp David Accords, Carter told me that mother’s urging, he became a book enthu- summons to a moral revival,’’ Rev. Graham when the history books are written, one siast, and has long been a speed reader. states . . . ‘‘And other political leaders thing he hopes to see is that he, an American While in the Navy in 1951, Carter began to would do well to learn from his moral and President—representing the United States— work for Hyman G. Rickover, who was lead- spiritual ideals.’’ ‘‘contributed successfully to the security of ing America’s nuclear submarine fleet. Car- Rosalynn Carter says that her husband has Israel on a permanent basis and to the peace ter had responsibility for building the nu- mellowed and is now more relaxed than she in the Mideast between Israel and all her clear power plant that would go into the sec- has ever seen him. ‘‘Yet,’’ she adds, ‘‘I notice neighbors.’’ ond atomic submarine, the U.S.S. Sea Wolf. that he has become more concerned about Now, as Jimmy Carter reaches his 75th, ‘‘Admiral Rickover had a tremendous effect the various problems in the world—more so birthday, I asked him about his vision for on my life,’’ Carter says. ‘‘He led the pro- than even before he was elected governor of the next century. gram that developed the world’s first use of Georgia (1970).’’ ‘‘My vision for America is that, as the only atomic power for peaceful uses, the produc- One issue that Carter continues to be genu- unchallenged superpower in the world, it will tion of electricity, and the propulsion of inely concerned about is the moral and spir- become a true champion of the moral values ships.’’ itual crisis that has gripped America since that have made ours a great nation—involv- When Rickover was past 80 and still in before he was in the White House. ing peace, freedom, democracy, human charge of the Navy’s nuclear power program, ‘‘In today’s world, the main difference is rights, environmental quality, and the alle- President Carter awarded him the Presi- that what was then referred to as ‘political viation of human suffering,’’ he tells me. dential Medal of Freedom. And recently the malaise’ is much worse,’’ he says. ‘‘As I stat- ‘‘We should be known by everyone as dedi- Navy recognized Carter, a graduate of the ed twenty years ago in a speech on the crisis cated to the peaceful resolution of disputes, Naval Academy, by naming a Seawolf-class of confidence, that is even more relevant and both involving ourselves and others. If two submarine for him. pertinent today. Together, we need to com- antagonists are willing, especially among Jimmy Carter cites three turning points in mit ourselves to a rebirth of the American the poorer and more ignored nations, we his long, dynamic and fruitful life: (1) In 1953, spirit. There is still a crisis of confidence, a should be ready and eager to provide assist- when he resigned from the Navy because of crisis that strikes at the heart and soul and ance, in mediation or negotiation, and our his father’s death and returned home to run spirit of our national will. We see this crisis government should reach out to non-govern- the family peanut warehouse business. (2) In in the growing doubt about the meaning of mental organizations to help.’’ 1962, when he first ran for public office—the our lives and in the loss of unity of purpose Carter notes, for instance, what the Nor- State Senate in Georgia. And (3), in 1981, for our nation. The erosion of our confidence wegian government did with an academic when he left the White House after one term in the future is threatening to destroy the group of social scientists to achieve the Oslo as President of the United States. social and political fabric of America.’’ peace agreement between the Israelis and Looking back, does he still have regrets How has the presidency evolved since Car- Palestinians. about losing his re-election bid? ter left the White House? ‘‘America should be just as eager to pro- ‘‘Well, yes, I do,’’ he tells me. ‘‘Anyone ‘‘There are major changes,’’ he emphasizes. mote freedom and democracy among people who is once elected President of the U.S. cer- ‘‘The presidency was once respected as a

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11813 place of honor. I think our political commu- ‘‘You know,’’ Carter says, ‘‘There is a huge ‘‘Aging doesn’t bother me—yet,’’ he replies nity has deteriorated tremendously since difference between getting older and growing with a wry smile, ‘‘but I’m already preparing Gerald Ford and I served as presidents, and old.’’ When my father died, my mother was for a reduced capacity. I expect to cut the we often talk about our concerns and those 55 years old, past retirement age for most time I devote to overseas work—from peace changes. Rather than politics as usual, registered nurses. Yet she continued to age negotiations; to monitoring elections; to strong leadership and honest answers are for 30 more years, but she never grew old. eradicating disease, to eliminating suffering needed.’’ Until she died of cancer at age 85, she was . . . and then I can spend more time at home He says that, for instance, as President, he full of life and determined to make each day in Georgia. had gotten along with the Republicans in the a new adventure. ‘‘There is a leadership succession plan for House and Senate; that he had often gotten ‘‘Mother had the most influence over me, The Carter Center, but any transition is a the support of many Republicans on major and was an inspiration for me. Except for high priority of mine.’’ legislation, sometimes even better than with Rosalynn, she affected my life more than For some 17 years, Carter has been a ‘‘dis- the Democrats. ‘‘Now, the two parties are any other person.’’ tinguished professor’’ at Emory University, bitterly divided, with little cooperation be- If there is any secret to Carter’s looking where he spends one week each month during tween them,’’ he adds. ‘‘Also, nowadays, the and feeling younger than his years, he re- the academic year. He lectures on numerous success of many political campaigns is predi- veals that perhaps it is because Rosalynn is topics, including theology, medicine, jour- cated on how well you can damage the rep- a stickler for nutrition and an expert on ‘‘ex- nalism, creative writing, business, political utation of your opponent. That turns off the actly what we should or should not eat . . . science, history, and anthropology. average citizen, and leads to a partisan and and how much and when. . . . He also meets with undergraduate and personally destructive situation. ‘‘Then, I’m always exercising,’’ he adds, graduate students, adding a different kind of He also points out that Congress continues ‘‘and luck could also be a factor.’’ rigor to doctoral examinations. At times, he For exercise and recreation, Carter keeps to be pulled in all directions by well financed deals with current history—history that he fit and trim by hiking, bicycling, cross-coun- and powerful special interests. ‘‘But we can- himself helped to make.∑ not change the course until we face the try skiing and bowling. He also jogs, fly truth,’’ he says. ‘‘Restoring faith and con- fishes, does woodworking, cabinet making f fidence to America is now still our most im- and plays tennis. Behind his home he built— REINSDORF STEPS UP TO THE portant task . . . and now it is a solid, sig- by himself—a tennis court. (It was the topic PLATE FOR EDUCATION nificant challenge.’’ of conversation with network commentators In recent years, Carter has given a lot of when he attended the recent Women’s Finals ∑ Mr. DURBIN. Mr. President, I rise thought to the virtues of aging, especially as of tennis’ U.S. Open in New York). today to call the attention of my col- it relates to Social Security. He notes that He also says that, so far, he and Rosalynn leagues to a column by Raymond in 1935, when Social Security legislation was have been blessed with good health—‘‘per- Coffey which appeared in the Chicago haps because of our various activities—living passed, its purpose was to give older people a Sun-Times on September 30, 1999. Mr. subsistence income. a diverse life, with different elements to it— ‘‘Today,’’ he says, ‘‘because of improve- that kind of life is less likely to be afflicted Coffey describes the efforts undertaken ments in health and health care, many sen- with illness.’’ by Chicago White Sox owner Jerry ior citizens are still in a position to con- He adds: ‘‘Today, we combine taking care Reinsdorf to improve literacy among tribute to society. We elderly should be al- of our farm with other activities. One nice children in Chicago’s public schools. lowed to work as long as we wish—or are aspect about having been president is that Mr. Reinsdorf is assisting Chicago we have an unlimited menu because different able to.’’ School Board President Gery Chico and However, Carter voices concerns about the people invite us to join in their projects, and future of Social Security. ‘‘The oldest baby now we are free to do what gives us pleasure. Chicago Public Schools CEO Paul boomer will start to receive Social Security ‘‘We have climbed mountains in Nepal, to Vallas in the implementation and fi- in the year 2010,’’ he notes. ‘‘By the time my the tops of Kilimajaro and Mt. Fuji. We vis- nancing of Direct Instruction, a pro- newest grandson, now two months old, is a ited game preserves in Tanzania and have be- gram that uses phonics to teach read- middle aged wage earner, one in four Ameri- come bird watchers.’’ ing in the schools. This summer, Mr. And as a hunter, Carter says he still tries cans will be over 65.’’ Reinsdorf also designated White Sox Emphasizing that our Social Security sys- to harvest two wild turkeys each year for his tem is in trouble and that something will family’s thanksgiving and Christmas meals. manager Jerry Manuel and rookie sen- have to change, he recalls that when Social Jimmy Carter, the most visible member of sation Chris Singleton to sign auto- Security was established there were about 40 Habitat for Humanity, also says that every graphs for all fans donating books to wage earners supporting each retiree with year he goes to a different site to help build Target Literacy, a joint initiative by tax contributions. ‘‘By 2010, only two persons at least one house for a poor family. For one Target stores and Sox Training Centers will be paying for the retirement and med- week, he works with the family and other that is seeking to donate a million ical expenses of one senior citizen,’’ he says. volunteers. They start with a concrete slab children’s books to needy kids. Mr. ‘‘We should be more vigilant and forceful and by week’s end, they complete the job as in protecting those who are in need of finan- a finished landscaped house. ‘‘Habitat and I Reinsdorf has also worked with Mr. cial assistance. Today, there are numerous get a lot of publicity for each other even Vallas to provide free tickets to public senior citizens who cannot afford health care though I only work one week a year,’’ he ex- school students who have distinguished and many older citizens with little money, plains. ‘‘But the satisfaction is great.’’ themselves through their academic or whose savings are expended before their Last year, he chose the Philippines, where achievements. lives end.’’ he and two former and a current president of Mr. President, it is important to rec- Carter says he tries to practice what he the Philippines joined together to build one ognize individuals in our community preaches. In his book, ‘‘The Virtues of house for a large family. In the same week, Aging’’ (Times Books, 1998), he notes that 293 other houses were built in the Philippines who go beyond the call of duty to im- the virtues of aging include the blessings by some 10,000 volunteers. prove the lives of people who are less that come as one grows older and what we Asked if he considers himself a role model fortunate than them. Chicago can be have to offer that might be beneficial to oth- for other senior citizens, Carter says he be- proud of the winning efforts under- ers. lieves that we all can learn from one an- taken by Mr. Reinsdorf throughout the ‘‘Each of us is old when we think we are,’’ other. ‘‘With few exceptions,’’ he says, ‘‘any- city. I ask that my colleagues join me he writes. ‘‘When we accept an attitude of one can find an exciting and fulfilling life in honoring Mr. Reinsdorf’s charitable dormancy, dependence on others, a substan- after reaching retirement age. I think senior tial limitation on our physical and mental citizens who have setbacks or a surprising efforts by having Ray Coffey’s column activity, and restrictions on the number of retirement—as I had—ought to analyze what from the Chicago Sun-Times printed in people with whom we interact. . . . As I they have and decide how to live a meaning- the CONGRESSIONAL RECORD. know from experience, this is not tied close- ful life. Sometimes, an unanticipated life, The article follows: ly to how many years we live.’’ one you thought would be a disappointment, [From the Chicago Sun-Times, Sept. 30, 1999] He cites, as one example, his mother—a can turn out to be even better than the one OUT TO PROVE KIDS CAN LEARN compassionate woman who always tried to you wanted to cling to. help others. She joined the Peace Corps at Carter sums up: ‘‘As we get older, senior (By Raymond Coffey) age 68 in 1996 and served for two years in the citizens need to avoid mental dormancy and As his ‘‘The Kids Can Play’’ White Sox village of Vikhroli, near Bombay, India. In keep our minds occupied. Mental and phys- close out the baseball season this weekend, Feb. 1977, Lillian Carter as First Mother re- ical activities strengthen us and give us a Jerry Reinsdorf himself gets my vote as one visited that village when she represented the foundation for successful aging. Even though of the most valuable players Chicago kids U.S. at the funeral of India’s President Ali my health is now good and I’m still active in have going for them. Ahmed Fakhruddin. And during hundreds of sports, I am often reminded that I face inevi- Though they played before mostly empty speeches about her experiences in the Peace table changes in health as I grow older.’’ seats at Comiskey Park and drew little seri- Corps, she encouraged others not to allow All in all, does aging bother Jimmy Car- ous attention or respect, the rebuilding Sox old age to put a limit on their lives. ter? did win more games than the hapless last-

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11814 CONGRESSIONAL RECORD — SENATE October 1, 1999 place Cubs who, thanks to the Sammy Sosa Chico and Vallas are in ‘‘constant commu- have made 60 appearances before community phenomenon, set an all-time attendance nication’’ with Reinsdorf, Makowski says. groups. record. ‘‘They can call him anytime’’ and get help Through White Sox Charities, Reinsdorf More significant than won-lost and tick- on the schools. also has distributed more than $3 million to ets-sold records in my score book is what This summer Reinsdorf assigned Sox man- nonprofit organizations, including $1 million Reinsdorf, who never toots his own horn, is ager Jerry Manuel and rookie star Chris Sin- to the Chicago Park District to refurbish and doing for kids. gleton to sign autographs for all fans donat- maintain 800 baseball diamonds. White Sox Perhaps most valuable is the working rela- ing books to Target Literacy, a joint initia- Charities also funds the Inner City Little tionship he has established with Chicago tive by the Target stores and the Sox Train- School Board President Gery Chico and CEO ing Centers for youngsters to donate a mil- League baseball season. And it has raised Paul Vallas in supporting and helping fi- lion children’s books to needy kids. hundreds of thousands of dollars for cancer nance literacy programs in the schools. Reinsdorf takes a lot of media heat for the research and treatment at Children’s Memo- Reinsdorf has, as Sox director of community way he operates the Sox and his Chicago rial and Northwestern Memorial hospitals. relations Christine Makowski put it, ‘‘a gen- Bulls. And there is, obviously, some self-in- Some 3,000 kids were offered baseball in- uine heartfelt belief’’ that literacy is a sur- terest in what he does for kids in connection vival skill without which inner-city kids struction this summer at 160 weeklong with his sports franchises and through the cannot succeed in making their future. camps in the Chicago area and neighboring He has worked with Vallas on pushing a separate Sox and Bulls Charities. states. At Comiskey Park itself, before the program called Direct Instruction—basically This season, the Sox gave away 35,000 free Sox take the field, kids can get free coaching a way to teach reading in the schools via tickets, worth about $600,000, to such inner- in batting and pitching cages inside Gate 3. city social welfare organizations as Boys and phonics. He volunteered to serve as Principal As Makowski acknowledges, Reinsdorf and Girls Clubs, Mercy Home for Wayward Kids, for a Day at Doolittle Middle School near the Sox franchise hope the focus on kids will Hull House and Maryville Academy. The Comiskey Park and regularly has dispatched generate a new generation of baseball fans. tickets weren’t selling anyway, but they Sox players to the school to talk with stu- ‘‘We’d like to give them their first major went to kids unlikely to be able to buy them dents about the value of education. league experience,’’ she said. ‘‘We want them When Vallas wants to recognize and reward and also otherwise unlikely to get to see a to have fun.’’ If they go home ‘‘a Sox fan, so students for scholastic achievement, big league game. Reinsdorf regularly arranges free tickets for Reinsdorf also has donated 3,000 auto- much the better.’’ him to bring sizable groups of kids of a graphed Sox items to charity raffles and auc- Even better, they might sometime soon see ballgame. tions. Members of the current ‘‘Kids’’ roster that indeed ‘‘The Kids Can Play.’’∑

f REVISED REPORT OF EXPENDITURES OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph Biden: United States ...... Dollar ...... 2,742.53 ...... 2,742,53 Senator Sam Brownback: Kenya ...... Dollar ...... 1,470.00 ...... 1,470.00 United States ...... Dollar ...... 6,961.15 ...... 6,961.15 Senator Christopher Dodd: Belgium ...... Dollar ...... 100.00 ...... 100.00 United States ...... Dollar ...... 5,975.97 ...... 5,975.97 United States ...... Dollar ...... 3,029.00 ...... 3,029.00 Senator Chuck Hagel: United States ...... Dollar ...... 4,971.37 ...... 4,971.37 Senator John Kerry: Thailand ...... Dollar ...... 240.00 ...... 240.00 Cambodia ...... Dollar ...... 121.00 ...... 121.00 Vietnam ...... Dollar ...... 556.00 ...... 556.00 United Kingdom ...... Dollar ...... 280.00 ...... 280.00 United States ...... Dollar ...... 11,006.92 ...... 11,006.92 Frank Jannuzi: Taiwan ...... Dollar ...... 955.50 ...... 955.50 United States ...... Dollar ...... 3,277.55 ...... 3,277.55 Michael Miller: South Africa ...... Dollar ...... 1,003.10 ...... 1,003.10 United States ...... Dollar ...... 5,600.99 ...... 5,600.99 Janice O’Connell: Belgium ...... Dollar ...... 150.00 ...... 150.00 France ...... Dollar ...... 332.00 ...... 332.00 United States ...... Dollar ...... 5,397.79 ...... 5,397.79 Nancy Stetson: Thailand ...... Dollar ...... 240.00 ...... 240.00 Cambodia ...... Dollar ...... 130.00 ...... 130.00 Vietnam ...... Dollar ...... 393.00 ...... 393.00 United Kingdom ...... Dollar ...... 281.00 ...... 281.00 United States ...... Dollar ...... 6,959.40 ...... 6,959.40 Michael Westphal: South Africa ...... Dollar ...... 914.78 ...... 914.78 United States ...... Dollar ...... 5,600.99 ...... 5,600.99 Total ...... 7,166.38 ...... 61,523.66 ...... 68,690.04 JESSE HELMS, Chairman, Committee on Foreign Relations, July 27, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1999

Senator Fred Thompson: United States ...... Dollar ...... 7,310.13 ...... 7,310.13 Italy ...... Lira ...... 646.00 ...... 646.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Curtis Silvers: United States ...... Dollar ...... 5,402.13 ...... 5,402.13 Italy ...... Lira ...... 544.00 ...... 544.00

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 8634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11815 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1999—Continued

Germany ...... Deutschmark ...... 420.00 ...... 420.00 Christopher Ford: United States ...... Dollar ...... 5,402.13 ...... 5,402.13 Italy ...... Lira ...... 544.00 ...... 544.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Senator Susan Collins: United States ...... Dollar ...... 812.81 ...... 812.81 Northern Ireland ...... Pound ...... 50.62 81.00 ...... 81.00 Ireland ...... Pound ...... 172.17 229.00 ...... 229.00 England ...... Pound ...... 171.31 273.00 ...... 273.00 Senator Thad Cochran: Scotland ...... Pound ...... 273.00 ...... 273.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Dennis Ward: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Dennis McDowell: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Michael Loesch: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Mitchel Kugler: United States ...... Dollar ...... 4,882.76 ...... 4,882.76 United Kingdom ...... Pound ...... 2,540.00 ...... 197.00 ...... 2,737.00 Total ...... 8,552.00 ...... 24,006.96 ...... 32,558.96 FRED THOMPSON, Chairman, Committee on Governmental Affairs, June 30, 1999.

NATIONAL STAMP COLLECTING Whereas starting October 1, 1999, ‘‘National SECTION 1. SHORT TITLE. MONTH Stamp Collecting Month’’ will transform This Act may be cited as the ‘‘Black Canyon more than 100,000 schools, libraries, and post of the Gunnison National Park and Gunnison Mr. LOTT. Mr. President, I ask unan- offices into learning centers where our Na- Gorge National Conservation Area Act of 1999’’. imous consent that the Judiciary Com- tion’s young people can honor the past and SEC. 2. FINDINGS. mittee be discharged from further con- celebrate the future through stamps; Congress finds that— sideration of S. Res. 182, and that the Whereas the founders and participants of ‘‘National Stamp Collecting Month’’ include (1) Black Canyon of the Gunnison National Senate then proceed to its immediate Monument was established for the preservation consideration. millions of adult and youth collectors, thousands of teachers and schools, the American of its spectacular gorges and additional features The PRESIDING OFFICER. Without Philatelic Society, and the United States of scenic, scientific, and educational interest; objection, it is so ordered. Postal Service; (2) the Black Canyon of the Gunnison and The clerk will report the resolution Whereas the people, places, and events adjacent upland include a variety of unique ec- by title. shaping America today will be United States ological, geological, scenic, historical, and wild- The legislative clerk read as follows: commemorative stamps tomorrow; life components enhanced by the serenity and rural western setting of the area; A resolution (S. Res. 182) designating Octo- Whereas ‘‘National Stamp Collecting (3) the Black Canyon of the Gunnison and ber 1999 as ‘‘National Stamp Collecting Month’’ will help empower our Nation’s chil- adjacent land provide extensive opportunities Month.’’ dren and future generations to study and learn from our Nation’s history; and for educational and recreational activities, and There being no objection, the Senate Whereas as our Nation’s children learn the are publicly used for hiking, camping, and fish- proceeded to consider the resolution. lessons of the past, the children will be bet- ing, and for wilderness value, including soli- Mr. LOTT. Mr. President, I ask unan- ter prepared to guide our Nation in the fu- tude; imous consent that the resolution and ture: Now, therefore, be it (4) adjacent public land downstream of the the preamble be agreed to en bloc, the Resolved, That the Senate designates Octo- Black Canyon of the Gunnison National Monu- motion to reconsider be laid upon the ber 1999 as ‘‘National Stamp Collecting ment has wilderness value and offers unique ge- Month’’. table, and that any statements relating ological, paleontological, scientific, educational, f and recreational resources; thereto be printed in the RECORD. (5) public land adjacent to the Black Canyon The PRESIDING OFFICER. Without BLACK CANYON OF THE GUNNISON of the Gunnison National Monument contrib- objection, it is so ordered. NATIONAL PARK AND GUNNISON utes to the protection of the wildlife, viewshed, The resolution (S. Res. 182) was GORGE NATIONAL CONSERVA- and scenic qualities of the Black Canyon; agreed to. TION AREA ACT OF 1999 (6) some private land adjacent to the Black The preamble was agreed to. Mr. LOTT. Mr. President, I ask the Canyon of the Gunnison National Monument The resolution, with its preamble, Chair lay before the Senate a message has exceptional natural and scenic value that reads as follows: would be threatened by future development from the House of Representatives on pressures; S. RES. 182 the bill (S. 323) to redesignate the (7) the benefits of designating public and pri- Whereas over 150 years ago, United States Black Canyon of the Gunnison Na- vate land surrounding the national monument commemorative stamps began honoring the tional Monument as a national park as a national park include greater long-term people, places, and events that have shaped and establish the Gunnison Gorge Na- protection of the resources and expanded visitor our Nation’s history; tional Conservation Area, and for other use opportunities; and Whereas in 1999, more than 22,000,000 Amer- purposes. (8) land in and adjacent to the Black Canyon icans, including children, collect and learn of the Gunnison Gorge is— about our Nation through stamps, making The PRESIDING OFFICER laid be- (A) recognized for offering exceptional mul- stamp collecting one of the most popular fore the Senate the following message tiple use opportunities; hobbies in our Nation and the world; from the House of Representatives: (B) recognized for offering natural, cultural, Whereas as we stand on the threshold of Resolved, That the bill from the Senate (S. scenic, wilderness, and recreational resources; the 21st century, it is important that we 323) entitled ‘‘An Act to redesignate the and pause to reflect on our Nation’s history; Black Canyon of the Gunnison National (C) worthy of additional protection as a na- Whereas stamps honor statesmen and sol- Monument as a national park and establish tional conservation area, and with respect to diers who fought for freedom and democracy, the Gunnison Gorge National Conservation the Gunnison Gorge itself, as a component of recognize our Nation’s scientific and techno- Area, and for other purposes’’, do pass with the national wilderness system. logical achievements, pay tribute to our Na- the following amendment: tion’s artistic legacy, and celebrate the Strike out all after the enacting clause and SEC. 3. DEFINITIONS. strength of our Nation’s diversity; insert: In this Act:

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(1) CONSERVATION AREA.—The term ‘‘Con- mination of leases or permits for grazing within the Bureau of Land Management, shall manage servation Area’’ means the Gunnison Gorge Na- the park. the Conservation Area to protect the resources tional Conservation Area, consisting of approxi- (2) Within areas of the park designated as wil- of the Conservation Area in accordance with— mately 57,725 acres surrounding the Gunnison derness, the grazing of livestock, where author- (1) this Act; Gorge as depicted on the Map. ized under permits in existence as of the date of (2) the Federal Land Policy and Management (2) MAP.—The term ‘‘Map’’ means the map the enactment of this Act, shall be permitted to Act of 1976 (43 U.S.C. 1701 et seq.); and entitled ‘‘Black Canyon of the Gunnison Na- continue subject to such reasonable regulations, (3) other applicable provisions of law. tional Park and Gunnison Gorge NCA—1/22/99’’. policies, and practices as the Secretary deems (c) WITHDRAWAL.—Subject to valid existing The map shall be on file and available for public necessary, consistent with this Act, the Wilder- rights, all Federal lands within the Conserva- inspection in the offices of the Department of ness Act, and other applicable laws and Na- tion Area are hereby withdrawn from all forms the Interior. tional Park Service regulations. of entry, appropriation or disposal under the (3) PARK.—The term ‘‘Park’’ means the Black (3) With respect to the grazing permits and Canyon of the Gunnison National Park estab- public land laws; from location, entry, and pat- leases referenced in this subsection, the Sec- ent under the mining laws; and from disposition lished under section 4 and depicted on the Map. retary shall allow grazing to continue, subject (4) SECRETARY.—The term ‘‘Secretary’’ means under all laws relating to mineral and geo- to periodic renewal— thermal leasing, and all amendments thereto. the Secretary of the Interior. (A) with respect to a permit or lease issued to (d) HUNTING, TRAPPING AND FISHING.— SEC. 4. ESTABLISHMENT OF BLACK CANYON OF an individual, for the lifetime of the individual THE GUNNISON NATIONAL PARK. who was the holder of the permit or lease on the (1) IN GENERAL.—The Secretary shall permit (a) ESTABLISHMENT.—There is hereby estab- date of the enactment of this Act; and hunting, trapping, and fishing within the Con- lished the Black Canyon of the Gunnison Na- (B) with respect to a permit or lease issued to servation Area in accordance with applicable tional Park in the State of Colorado as gen- a partnership, corporation, or other legal entity, laws (including regulations) of the United erally depicted on the map identified in section for a period which shall terminate on the same States and the State of Colorado. 3. The Black Canyon of the Gunnison National date that the last permit or lease held under (2) EXCEPTION.—The Secretary, after con- Monument is hereby abolished as such, the subparagraph (A) terminates, unless the part- sultation with the Colorado Division of Wildlife, lands and interests therein are incorporated nership, corporation, or legal entity dissolves or may issue regulations designating zones where within and made part of the new Black Canyon terminates before such time, in which case the and establishing periods when no hunting or of the Gunnison National Park, and any funds permit or lease shall terminate with the partner- trapping shall be permitted for reasons con- available for purposes of the monument shall be ship, corporation, or legal entity. cerning— available for purposes of the park. (A) public safety; (b) ADMINISTRATION.—Upon enactment of this SEC. 5. ACQUISITION OF PROPERTY AND MINOR (B) administration; or title, the Secretary shall transfer the lands BOUNDARY ADJUSTMENTS. under the jurisdiction of the Bureau of Land (a) ADDITIONAL ACQUISITIONS.— (C) public use and enjoyment. Management which are identified on the map (1) IN GENERAL.—The Secretary may acquire (e) USE OF MOTORIZED VEHICLES.—In addi- for inclusion in the park to the administrative land or interests in land depicted on the Map as tion to the use of motorized vehicles on estab- jurisdiction of the National Park Service. The proposed additions. lished roadways, the use of motorized vehicles Secretary shall administer the park in accord- (2) METHOD OF ACQUISITION.— in the Conservation Area shall be allowed to the ance with this Act and laws generally applica- (A) IN GENERAL.—Land or interests in land extent the use is compatible with off-highway ble to units of the National Park System, includ- may be acquired by— vehicle designations as described in the manage- ing the Act entitled ‘‘An Act to establish a Na- (i) donation; ment plan in effect on the date of the enactment tional Park Service, and for other purposes’’, (ii) transfer; of this Act. approved August 25, 1916 (16 U.S.C. 1, 2–4), and (iii) purchase with donated or appropriated (f) CONSERVATION AREA MANAGEMENT PLAN.— the Act entitled ‘‘An Act to provide for the pres- funds; or (1) IN GENERAL.—Not later than 4 years after (iv) exchange. ervation of historic American sites, buildings, the date of the enactment of this Act, the Sec- (B) CONSENT.—No land or interest in land objects, and antiquities of national significance, retary shall— may be acquired without the consent of the and for other purposes, approved August 21, (A) develop a comprehensive plan for the owner of the land. 1935 (16 U.S.C. 461 et seq.). long-range protection and management of the (b) BOUNDARY REVISION.—After acquiring (c) MAPS AND LEGAL DESCRIPTION.—As soon Conservation Area; and land for the Park, the Secretary shall— as practicable after the date of the enactment of (B) transmit the plan to— this Act, the Secretary shall file maps and a (1) revise the boundary of the Park to include newly-acquired land within the boundary; and (i) the Committee on Energy and Natural Re- legal description of the park with the Committee sources of the Senate; and on Energy and Natural Resources of the United (2) administer newly-acquired land subject to applicable laws (including regulations). (ii) the Committee on Resources of the House States Senate and the Committee on Resources of Representatives. of the United States House of Representatives. (c) BOUNDARY SURVEY.—As soon as prac- (2) CONTENTS OF PLAN.—The plan— Such maps and legal description shall have the ticable and subject to the availability of funds same force and effect as if included in this Act, the Secretary shall complete an official bound- (A) shall describe the appropriate uses and except that the Secretary may correct clerical ary survey of the Park. management of the Conservation Area in ac- and typographical errors in such legals descrip- (d) HUNTING ON PRIVATELY OWNED LANDS.— cordance with this Act; tion and maps. The maps and legal description (1) IN GENERAL.—The Secretary may permit (B) may incorporate appropriate decisions shall be on file and available for public inspec- hunting on privately owned land added to the contained in any management or activity plan tion in the appropriate offices of the National Park under this Act, subject to limitations, con- for the area completed prior to the date of the Park Service. ditions, or regulations that may be prescribed by enactment of this Act; (d) WITHDRAWAL.—Subject to valid existing the Secretary. (C) may incorporate appropriate wildlife habi- rights, all Federal lands within the park are (2) TERMINATION OF AUTHORITY.—On the date tat management plans or other plans prepared hereby withdrawn from all forms of entry, ap- that the Secretary acquires fee ownership of any for the land within or adjacent to the Conserva- propriation, or disposal under the public land privately owned land added to the Park under tion Area prior to the date of the enactment of laws; from location, entry, and patent under the this Act, the authority under paragraph (1) this Act; mining laws; and from disposition under all shall terminate with respect to the privately (D) shall be prepared in close consultation laws relating to mineral and geothermal leasing, owned land acquired. with appropriate Federal, State, county, and and all amendments thereto. SEC. 6. EXPANSION OF THE BLACK CANYON OF local agencies; and (e) GRAZING.—(1)(A) Consistent with the re- THE GUNNISON WILDERNESS. (E) may use information developed prior to quirements of this subsection, including the lim- (a) EXPANSION OF BLACK CANYON OF THE GUN- the date of the enactment of this Act in studies itation in paragraph (3), the Secretary shall NISON WILDERNESS.—The Black Canyon of the of the land within or adjacent to the Conserva- allow the grazing of livestock within the park to Gunnison Wilderness, as established by sub- tion Area. section (b) of the first section of Public Law 94– continue where authorized under permits or (g) BOUNDARY REVISIONS.—The Secretary may leases in existence as of the date of the enact- 567 (90 Stat. 2692), is expanded to include the make revisions to the boundary of the Conserva- ment of this Act. Grazing shall be at no more parcel of land depicted on the Map as ‘‘Tract tion Area following acquisition of land nec- than the current level, and subject to applicable A’’ and consisting of approximately 4,419 acres. essary to accomplish the purposes for which the (b) ADMINISTRATION.—The Black Canyon of laws and National Park Service regulations. Conservation Area was designated. (B) Nothing in this subsection shall be con- the Gunnison Wilderness shall be administered strued as extending grazing privileges for any as a component of the Park. SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION AREA. party or their assignee in any area of the park SEC. 7. ESTABLISHMENT OF THE GUNNISON where, prior to the date of the enactment of this GORGE NATIONAL CONSERVATION (a) GUNNISON GORGE WILDERNESS.— Act, such use was scheduled to expire according AREA. (1) IN GENERAL.—Within the Conservation to the terms of a settlement by the U.S. Claims (a) IN GENERAL.—There is established the Area, there is designated as wilderness, and as Court affecting property incorporated into the Gunnison Gorge National Conservation Area, a component of the National Wilderness Preser- boundary of the Black Canyon of the Gunnison consisting of approximately 57,725 acres as gen- vation System, the Gunnison Gorge Wilderness, National Monument. erally depicted on the Map. consisting of approximately 17,700 acres, as gen- (C) Nothing in this subsection shall prohibit (b) MANAGEMENT OF CONSERVATION AREA.— erally depicted on the Map. the Secretary from accepting the voluntary ter- The Secretary, acting through the Director of (2) ADMINISTRATION.—

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11817 (A) WILDERNESS STUDY AREA EXEMPTION.— (3) recommend a variety of economically fea- quake that struck Taiwan so unexpect- The approximately 300-acre portion of the wil- sible and viable tools to achieve the purposes de- edly last week, causing much destruc- derness study area depicted on the Map for re- scribed in paragraphs (1) and (2); and tion and many deaths. I ask that the lease from section 603 of the Federal Land Pol- (4) estimate the costs of implementing the ap- Senate convey to the people of Taiwan icy and Management Act of 1976 (43 U.S.C. 1782) proaches recommended by the study. shall not be subject to section 603(c) of that Act. (c) SUBMISSION OF REPORT.—Not later than 3 our most sincere sympathies about the (B) INCORPORATION INTO NATIONAL CONSERVA- years from the date of the enactment of this Act, tragic losses that they have suffered, in TION AREA.—The portion of the wilderness study the Secretary shall submit a report to Congress both lives and property. With this reso- area described in subparagraph (A) shall be in- that— lution we call upon the Clinton admin- corporated into the Conservation Area. (1) contains the findings of the study required istration and other members of the (b) ADMINISTRATION.—Subject to valid rights by subsection (a); international community to do every- in existence on the date of the enactment of this (2) makes recommendations to Congress with thing possible to assist Taiwan in its Act, the wilderness areas designated under this respect to the findings of the study required by Act shall be administered by the Secretary in ac- subsection (a); and time of need so that it may recover cordance with the Wilderness Act (16 U.S.C. (3) makes recommendations to Congress re- rapidly from its terrible losses due to 1131 et seq.) except that any reference in such garding action that may be taken with respect this act of nature. provisions to the effective date of the Wilderness to the land described in the report. Accordingly, Mr. President, I urge all Act shall be deemed to be a reference to the ef- (d) ACQUISITION OF ADDITIONAL LAND AND IN- of my colleagues in the Senate to join fective date of this Act and any reference to the TERESTS IN LAND.— with me in expressing our sympathy Secretary of Agriculture shall be deemed to be a (1) IN GENERAL.—Prior to the completion of and support to the people of Taiwan reference to the Secretary of the Interior. the study required by subsection (a), the Sec- during this tragic and devastating (c) STATE RESPONSIBILITY.—As provided in retary may acquire certain private land or inter- section 4(d)(7) of the Wilderness Act (16 U.S.C. ests in land as depicted on the Map entitled time. 1133(d)(7)), nothing in this Act or in the Wilder- ‘‘Proposed Additions to the Curecanti National Mr. President, I ask unanimous con- ness Act shall affect the jurisdiction or respon- Recreation Area,’’ dated 01/25/99, totaling ap- sent that the resolution be agreed to, sibilities of the State of Colorado with respect to proximately 1,065 acres and entitled ‘‘Hall and the preamble be agreed to, the motion wildlife and fish on the public land located in Fitti properties’’. to reconsider be laid upon the table, that State. (2) METHOD OF ACQUISITION.— and statements relating to the resolu- (d) MAPS AND LEGAL DESCRIPTIONS.—As soon (A) IN GENERAL.—Land or an interest in land tion be printed in the RECORD. as practicable after the date of the enactment of under paragraph (1) may be acquired by— The PRESIDING OFFICER. Without this section, the Secretary of the Interior shall (i) donation; file a map and a legal description of the Gunni- (ii) purchase with donated or appropriated objection, it is so ordered. son Gorge Wilderness with the Committee on funds; or The resolution (S. Res. 194) was Energy and Natural Resources of the United (iii) exchange. agreed to. States Senate and the Committee on Resources (B) CONSENT.—No land or interest in land The preamble was agreed to. of the United States House of Representatives. may be acquired without the consent of the The resolution, with its preamble, This map and description shall have the same owner of the land. reads as follows: force and effect as if included in this Act. The (C) BOUNDARY REVISIONS FOLLOWING ACQUISI- S. RES. 194 Secretary of the Interior may correct clerical TION.—Following the acquisition of land under Whereas on the morning of September 21, and typographical errors in the map and legal paragraph (1), the Secretary shall— 1999, a devastating and deadly earthquake description. The map and legal description shall (i) revise the boundary of the Curecanti Na- shook the counties of Nantou and Taichung, be on file and available in the office of the Di- tional Recreation Area to include newly-ac- Taiwan, killing more than 2,000 people, injur- rector of the BLM. quired land; and ing more than 7,800, and leaving more than SEC. 9. WITHDRAWAL. (ii) administer newly-acquired land according 100,000 homeless; Subject to valid existing rights, the Federal to applicable laws (including regulations). Whereas the earthquake of September 21, lands identified on the Map as ‘‘BLM With- SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 1999, has left thousands of buildings in ruin, drawal (Tract B)’’ (comprising approximately There are authorized to be appropriated such caused widespread fires, and destroyed high- 1,154 acres) are hereby withdrawn from all sums as are necessary to carry out this Act. ways and other infrastructure; forms of entry, appropriation or disposal under Mr. LOTT. Mr. President, I ask unan- Whereas the strength, courage, and deter- the public land laws; from location, entry, and imous consent that the Senate agree to mination of the people of Taiwan has been patent under the mining laws; and from disposi- displayed since the earthquake; tion under all laws relating to mineral and geo- the amendment of the House. Whereas the people of the United States thermal leasing, and all amendments thereto. The PRESIDING OFFICER. Without and Taiwan share strong friendship and mu- SEC. 10. WATER RIGHTS. objection, it is so ordered. tual interests and respect; (a) EFFECT ON WATER RIGHTS.—Nothing in f Whereas the United States has offered this Act shall— whatever technical assistance might be (1) constitute an express or implied reservation SYMPATHY FOR VICTIMS OF needed and has dispatched the Urban Search of water for any purpose; or EARTHQUAKE THAT STRUCK and Rescue Team of Fairfax County, Vir- (2) affect any water rights in existence prior TAIWAN ginia, the Fire Rescue Team of Miami-Dade, to the date of the enactment of this Act, includ- Florida, and others; and ing any water rights held by the United States. Mr. LOTT. Mr. President, I ask unan- Whereas offers of assistance have come (b) ADDITIONAL WATER RIGHTS.—Any new imous consent that the Senate now from the Governments of Japan, Singapore, water right that the Secretary determines is nec- proceed to the consideration of S. Res. Turkey, and others: Now, therefore, be it essary for the purposes of this Act shall be es- 194 submitted earlier by Senator LOTT. Resolved, That the Senate— tablished in accordance with the procedural and The PRESIDING OFFICER. The (1) expresses its deepest sympathies to the substantive requirements of the laws of the State clerk will report the resolution by people of Nantou and Taichung and all of of Colorado. title. Taiwan for the tragic losses suffered as a re- SEC. 11. STUDY OF LANDS WITHIN AND ADJA- The legislative clerk read as follows: sult of the earth-quake of September 21, 1999; CENT TO CURECANTI NATIONAL (2) expresses its support for the people of RECREATION AREA. A resolution (S. Res. 194) expressing sym- Taiwan as they continue their efforts to re- (a) IN GENERAL.—Not later than 3 years after pathy for the victims of the devastating build their cities and their lives; the date of the enactment of this Act, the Sec- earthquake that struck Taiwan on Sep- (3) expresses support for disaster assistance retary, acting through the Director of the Na- tember 21, 1999. being provided by the United States Agency tional Park Service, shall conduct a study con- There being no objection, the Senate for International Development and other re- cerning land protection and open space within proceeded to consider the resolution. lief agencies; and (4) recognizes and encourages the impor- and adjacent to the area administered as the Mr. LOTT. Mr. President, I am Curecanti National Recreation Area. tant assistance that also could be provided (b) PURPOSE OF STUDY.—The study required pleased to rise today to offer this Sen- by foreign countries to alleviate the suf- to be completed under subsection (a) shall— ate resolution, expressing sympathy by fering of the people of Taiwan. (1) assess the natural, cultural, recreational the Congress for the victims of the dev- f and scenic resource value and character of the astating earthquake in Taiwan on Sep- land within and surrounding the Curecanti Na- tember 21. A similar resolution was in- ASSISTANCE TO VICTIMS OF tional Recreation Area (including open vistas, troduced in the House and passed yes- HURRICANE FLOYD wildlife habitat, and other public benefits); (2) identify practicable alternatives that pro- terday as House Resolution 297. Mr. LOTT. Mr. President, I ask unan- tect the resource value and character of the I personally want to express my sad- imous consent that the Committee on land within and surrounding the Curecanti Na- ness and deepest sympathy for the Environment and Public Works be dis- tional Recreation Area; many victims of the devastating earth- charged from further consideration of

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11818 CONGRESSIONAL RECORD — SENATE October 1, 1999 S. Res. 188, and that the Senate pro- fall at Cape Fear, North Carolina, dumping ministration are to be commended on their ceed to its immediate consideration. up to 18 inches of rain on sections of North efforts to assist the victims of Hurricane The PRESIDING OFFICER. Without Carolina only days after the heavy rainfall Floyd; objection, it is so ordered. from Hurricane Dennis and producing the (3) the Governors of Connecticut, Florida, The clerk will report the resolution worst recorded flooding in North Carolina Georgia, Maryland, Delaware, New Jersey, history; New York, North Carolina, Pennsylvania, by title. Whereas after making landfall, Hurricane South Carolina, and Virginia are to be com- The legislative clerk read as follows: Floyd continued to move up the eastern sea- mended for their leadership and coordination A resolution (S. Res. 188) expressing the board causing flooding, tornadoes, and mas- of relief efforts in their States; sense of the Senate that additional assist- sive damage in Delaware, Virginia, Mary- (4) the National Guard, the Army, the Ma- ance should be provided to the victims of land, Pennsylvania, New Jersey, North Caro- rine Corps, the Navy, and the Coast Guard Hurricane Floyd. lina, New York, and Connecticut; have provided heroic assistance to the people There being no objection, the Senate Whereas portions of Delaware, New Jersey, of the afflicted areas and are to be com- proceeded to consider the resolution. New York, North Carolina, Pennsylvania, mended for their bravery; South Carolina, and Virginia have been de- (5) the Red Cross, the Salvation Army, and AMENDMENT NO. 1890 clared to be Federal disaster areas under the other private relief organizations have pro- Mr. LOTT. Mr. President, Senator Robert T. Stafford Disaster Relief and Emer- vided shelter, food, and comfort to the vic- EDWARDS and Senator HELMS have an gency Assistance Act (42 U.S.C. 5121 et seq.); tims of Hurricane Floyd and are to be com- amendment at the desk to the resolu- Whereas Hurricane Floyd is responsible for mended for their generosity and invaluable tion. the known deaths of 65 people; aid; and The PRESIDING OFFICER. The Whereas 45 people are confirmed dead in (6) additional assistance needs to be pro- clerk will report. North Carolina, with many people still miss- vided to the victims of Hurricane Floyd. ing; The legislative clerk read as follows: SEC. 2. FORMS OF ASSISTANCE FOR HURRICANE Whereas 4 people were killed in New Jer- FLOYD VICTIMS. The Senator from Mississippi [Mr. LOTT], sey, 2 people in New York, 6 people in Penn- for Mr. EDWARDS, and Mr. HELMS, proposes To alleviate the conditions faced by the sylvania, 4 people in Virginia, 2 people in victims of Hurricane Floyd, it is the sense of an amendment numbered 1890. Delaware, 1 person in Connecticut, and 1 per- On page 4, line 14, after ‘‘Maryland,’’ insert the Senate that the President should— son in Vermont; (1) work with Congress to provide nec- ‘‘Delaware,’’. Whereas as the flood waters recede, the Mr. LOTT. Mr. President, let me say essary funds for— death toll is expected to increase; (A) disaster relief administered by the Fed- that I live in an area of Mississippi Whereas the rainfall resulting from Hurri- eral Emergency Management Agency; that has also had to deal with hurricane Floyd has caused widespread flooding in (B) disaster relief administered by the De- canes. Three of them have hit my North Carolina along the Tar River, the partment of Agriculture; hometown over the last 15 years. We Neuse River, and the Cape Fear River, (C) disaster relief administered by the De- have had to deal with droughts, ice among other rivers, in Connecticut along the partment of Commerce; Still River, and in Virginia along the storms, floods, and everything but the (D) disaster relief administered by the De- Nottoway River and the Blackwater River; partment of Transportation; plague and locusts. I know how dif- Whereas some of the rivers are expected to (E) disaster relief administered by the ficult it is for people who are faced remain at flood stage for more than a week; Small Business Administration; and Whereas the floods are the worst seen in with disasters such as the one with (F) any other disaster relief needed to help North Carolina in 80 years; which North Carolina is now dealing. I rebuild damaged homes, provide for clean Whereas the flood level on the Tar River know how tough it is for the people water, renourish damaged beaches and pro- exceeds all previous records by 9 feet; who are trying to dig out from under Whereas flood waters engulfed cities such tective dunes, and restore electric power; mud, with dead carcasses, and all that as Tarboro, North Carolina, Franklin, Vir- and goes with disasters. ginia, Bound Brook, New Jersey, and Dan- (2) prepare and submit to Congress a report All of us extend our sympathy to the bury, Connecticut; that analyzes the feasibility and cost of im- people of North Carolina and want to Whereas tens of thousands of people have plementing a program to provide disaster as- reassure them that the Federal Gov- fled to shelters scattered throughout North sistance to the victims of Hurricane Floyd, Carolina, South Carolina, New York, New including assistance in the form of— ernment will do its part, as we always (A) direct economic assistance to agricul- do when people are hit by natural dis- Jersey, and Virginia; Whereas thousands of people remain iso- tural producers, small businesses, and disaster. lated, surrounded by water, in their homes in placed persons; Mr. President, I ask unanimous con- North Carolina and Virginia; (B) an expanded loan and debt restruc- sent that the amendment be agreed to, Whereas approximately 50,000 homes have turing program; and the motion to reconsider be laid been affected by the hurricane, and many of (C) cleanup of environmental damage; upon the table. I further ask unani- those homes will ultimately be condemned (D) small business assistance; mous consent that the resolution, as as uninhabitable; (E) repair or reconstruction of private Whereas water supplies in New Jersey, New homes; amended, and the preamble be agreed (F) repair or reconstruction of highways, to en bloc, the motion to reconsider be York, North Carolina, South Carolina, and Virginia have been severely disrupted, and, roads, and trails; laid upon the table, and that any state- in many cases, wells and private water sys- (G) provision of safe and adequate water ments relating thereto be printed in tems have been irreparably contaminated; supplies; and the RECORD. Whereas hundreds of thousands of homes (H) restoration of essential utility services The PRESIDING OFFICER. Without and businesses have lost electric power, tele- such as electric power, telephone, and gas objection, it is so ordered. phone, and gas service as a result of Hurri- service. The amendment (No. 1890) was agreed cane Floyd; f Whereas there have been road washouts in to. EXECUTIVE CALENDAR The preamble was agreed to. virtually every State struck by Hurricane The resolution (S. Res. 188), as Floyd, including 900 road washouts in North amended, was agreed to. Carolina alone; Whereas many farmers have suffered al- EXECUTIVE SESSION The resolution, with its preamble, most total crop losses; and reads as follows: Mr. LOTT. Mr. President, I ask unan- Whereas small and large businesses imous consent that the Senate imme- S. RES. 188 throughout the region have been gravely af- diately proceed to executive session to Whereas from September 14 through 16, fected: Now, therefore, be it 1999, Hurricane Floyd menaced most of the Resolved, consider the following nominations on southeastern seaboard of the United States, SECTION 1. NEED FOR ASSISTANCE FOR VICTIMS the Executive Calendar: Calendar Nos. provoking the largest peacetime evacuation OF HURRICANE FLOYD. 235, 247, 248, 249, 258 through 266, and all of eastern Florida, the Georgia coast, the It is the sense of the Senate that— nominations on the Secretary’s desk in South Carolina coast, and the North Caro- (1) the victims of Hurricane Floyd deserve the Coast Guard and the National Oce- lina coast; the sympathies of the people of the United anic and Atmospheric Administration. Whereas the evacuation caused severe dis- States; I further ask unanimous consent that ruptions to the businesses and lives of the (2) the President, the Director of the Fed- people of Florida, Georgia, South Carolina, eral Emergency Management Agency, the the nominations be confirmed, the mo- and North Carolina; Secretary of Agriculture, the Secretary of tions to reconsider be laid upon the Whereas in the early morning hours of Sep- Transportation, the Secretary of Commerce, table, that any statements relating to tember 16, 1999, Hurricane Floyd made land- and the Director of the Small Business Ad- the nominations be printed in the

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11819 RECORD, that the President be imme- To be rear admiral (lower half) ing it because it may fail. The Senate diately notified of the Senate’s action, Capt. James W. Underwood, 0000 will have a debate, and the Senate will and the Senate then return to legisla- The following named officer for appoint- vote. If there is not a two-thirds vote, tive session. ment in the United States Coast Guard to it is over; it is defeated. The PRESIDING OFFICER. Without the grade indicated under title 14, U.S.C., It is hard for me to understand. Do objection, it is so ordered. section 271: they want it or not? Do they want to The nominations were considered and To be rear admiral (lower half) debate or not? Do they want to vote or confirmed as follows: Capt. James C. Olson, 0000 not? I think it shows a little bit about NATIONAL CONSUMER COOPERATIVE BANK NOMINATIONS PLACED ON THE SECRETARY’S what has been going on all along. Harry J. Bowie, of Mississippi, to be a DESK I want to assure the Senate, there Member of the Board of Directors of the Na- IN THE COAST GUARD, NATIONAL OCEANIC AND will be some hearings in the Armed tional Consumer Cooperative Bank for a ATMOSPHERIC ADMINISTRATION Services Committee with experts in term of three years. Coast Guard nominations beginning Ernest this field. There will be plenty of infor- CHEMICAL SAFETY AND HAZARD INVESTIGATION J. Fink, and ending William J. Wagner, mation on the record. If they want a BOARD which nominations were received by the Sen- vote, let’s vote; if they don’t, let’s Paul L. Hill, Jr., of West Virginia, to be ate and appeared in the Congressional move on. I don’t want to hear more Chairperson of the Chemical Safety and Haz- Record of September 13, 1999. about it for a while. National Oceanic and Atmospheric Admin- ard Investigation Board for a term of five Having said that, I yield the floor years. istration nominations beginning Donald A. Dreves, and ending Kevin V. Werner, which and I suggest the absence of a quorum. Paul L. Hill, Jr., of West Virginia, to be The PRESIDING OFFICER. The Member of the Chemical Safety and Hazard nominations were received by the Senate and Investigation Board for a term of five years. appeared in the Congressional Record of Sep- clerk will call the roll. tember 9, 1999. The legislative assistant proceeded NUCLEAR REGULATORY COMMISSION f to call the roll. Richard A. Meserve, of Virginia, to be a Mr. LOTT. Mr. President, I ask unan- Member of the Nuclear Regulatory Commis- LEGISLATIVE SESSION imous consent that the order for the sion for a term of five years expiring June 30, The PRESIDING OFFICER. Under 2004. quorum call be rescinded. the previous order, the Senate will now The PRESIDING OFFICER. Without COAST GUARD return to legislative session. objection, it is so ordered. The following named officers for appoint- f ment in the United States Coast Guard to f the grade indicated under title 14, U.S.C., COMPREHENSIVE TEST BAN COMMENDATIONS TO THE section 271: TREATY PRESIDING OFFICER To be rear admiral Mr. LOTT. Mr. President, I want the Mr. LOTT. Mr. President, I commend Rear Adm. (lh) David S. Belz, 0000 Senate to know we are still working to the Presiding Officer on what an out- Rear Adm. (lh) James S. Carmichael, 0000 get an agreement to take up consider- Rear Adm. (lh) Roy J. Casto, 0000 standing job he is doing. We appreciate Rear Adm. (lh) James A. Kinghorn, Jr., 0000 ation of the Comprehensive Test Ban the fact that on this beautiful Friday Rear Adm. (lh) Erroll M. Brown, 0000 Treaty. We originally wanted to bring afternoon, approaching 3 o’clock, the The following named officer for appoint- it up next week on October 6. That was distinguished Senator from Kentucky ment in the United States Coast Guard to objected to by the Democratic leader- is here, on duty, and enjoying every the grade indicated under title 14, U.S.C., ship. They indicated they thought moment of it. section 271: more time was needed and they needed Now, may I proceed to the closing? To be rear admiral (lower half) more time designated for debate. We Thank you for not responding, Mr. Capt. Ralph D. Utley, 0000 have now offered to begin on October 8, President, to my comments. The following named officer for appoint- next Friday, with debate. The debate f would go up to 14 hours. We will con- ment in the United States Coast Guard Re- ORDERS FOR MONDAY, OCTOBER 4, serve to the grade indicated under Title 10, clude action on that treaty no later United States Code, section 12203: than the close of business on Tuesday, 1999 To be rear admiral October 12. Mr. LOTT. Mr. President, I ask unan- Rear Adm. (lh) Carlton D. Moore, 0000 We are willing to agree to more time imous consent that when the Senate on behalf of the leader’s amendments if The following named officer for appoint- completes its business today, it ad- ment in the United States Coast Guard Re- that is necessary. I believe the Demo- journ until the hour of 12 noon on Mon- serve to the grade indicated under title 10, cratic leader has indicated his willing- day, October 4. I further ask consent U.S.C., section 12203: ness to go to the treaty debate on the that on Monday, immediately fol- To be rear admiral (lower half) 8th and be on it the 12th and conclude lowing the prayer, the Journal of pro- Capt. Mary P. O’Donnell, 0000 it by the 12th, but we are still working ceedings be approved to date, the on details. The following named officer of the United morning hour be deemed expired, the States Coast Guard to be a member of the There were statements made by the time for the two leaders be reserved for Permanent Commissioned Teaching Staff of President of the United States in 1998, their use later in the day, and the Sen- the Coast Guard Academy in the grade indi- I believe in his State of the Union Ad- ate then begin a period of morning cated under title 14, U.S.C., section 188: dress, and again in 1999, that he wanted business until 12:30 p.m. with Senators To be lieutenant commander the Senate to take up the treaty. I speaking for up to 10 minutes each, and Kurt A. Sebastian, 0000 have statements from a number of the time equally divided between the The following named officer for appoint- Democratic Members of the Congress two leaders, or their designees. ment in the United States Coast Guard to calling for this to be done. The PRESIDING OFFICER. Without the grade indicated under title 14, U.S.C., We have said to our colleagues on the objection, it is so ordered. section 271: other side of the aisle we don’t think f To be rear admiral (lower half) this is a good treaty; we think it puts PROGRAM Capt. Vivien S. Crea, 0000 safety in jeopardy; we think it puts us The following named officer for appoint- in a weakened condition internation- Mr. LOTT. I remind Senators that on ment in the United States Coast Guard to ally; and we think it is dangerous. Monday, at 5:30 p.m., the Senate will the grade indicated under title 14, U.S.C., However, since there have been calls proceed to the Transportation appro- section 271: and demands for a vote, we have of- priations conference report, and a vote To be rear admiral (lower half) fered to vote, and we have offered two will occur immediately on adoption of Capt. Kenneth T. Venuto, 0000 different dates. We have offered time that conference report, so there will be The following named officer for appoint- and more time. at least one recorded vote at 5:30 on ment in the United States Coast Guard to I am a little bit puzzled why the Monday, and it is on the Transpor- the grade indicated under title 14, U.S.C., Democrats now are saying: We don’t tation appropriations conference re- section 271: want to vote. I presume they are say- port. I think a lot of credit, once again,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11820 CONGRESSIONAL RECORD — SENATE October 1, 1999 goes to our Transportation appropria- one relevant amendment in order to leader will mark my words. We will tions subcommittee members. Senator the resolution of ratification to be of- hear somebody say this treaty is not SHELBY of Alabama has done a great fered by each leader. verifiable, in spite of the fact that ex- job with a very important bill. There was a request for additional pert after expert has noted that it is There may be other votes. There time for that debate. Therefore, I ask verifiable, but there will have been no could be a vote on or in relation to rel- consent that there be a total of 14 hearings to verify the fact that, indeed, evant amendments on the FAA reau- hours of debate on the treaty itself, to this treaty is subject to all the thorization bill, since that bill will be be equally divided in the usual form, verification elements required of a debated early in the day Monday. It and no other amendments, reserva- treaty of this kind. could be that an amendment or amend- tions, conditions, declarations, state- We are going to hear all kinds of ments will be available for consider- ments, understandings, or motions be complaints and all kinds of allegations ation at that time. But I wanted Sen- in order, and that amendments be filed and rumors about what this treaty does ators to be on notice we do have the at the desk 24 hours before they are or does not do, and when you do not one vote for sure. called up. have hearings, that is what is going to Also, all Senators should be aware we I think it is fair. If we are going to happen. will convene at 12 noon and we will have an amendment on our side and So we are extremely disappointed have a period for morning business the other side, we need some notifica- with the way this has been handled. As until 12:30. We will take up the FAA re- tion of its content. I said, I believe it is irresponsible and form bill the remainder of that day, There was a thought we might need dangerous. But we also note this may then, on Monday, until 4:30, when we additional time for discussion on those be the best we can get, and if it is the will go to, I believe it is, the judicial amendments. Therefore, I ask there be best we can get, as troubled as we are, nominations discussion. We will very a time limitation of 4 hours equally di- we will take it. We will have our day in likely have recorded votes on Tuesday vided on each amendment, in addition court. We will make our best argu- morning, and then we do have an to the 14 hours, for a total of 18 hours ments. We will let the judgment of this agreement, I believe, to have recorded over a 2-day period, but spread over a Senate prevail. votes stacked on three nominations at period of time that I believe will run I am very hopeful the administration 2:15 on Tuesday. about 6 days. will be engaged. I am very hopeful For the remainder of the week, the I further ask consent that following those who care as deeply as we care Senate will continue debate on the the use or yielding back of time and about this issue will join us in making FAA reform bill and complete its ac- disposition of the amendments, the the arguments and in dealing with the tion on Tuesday. Then we will return Senate proceed to vote on the adoption issue. I also say it is my intention, as to the Labor-HHS appropriations bill of the resolution of ratification, as Democratic leader, to conduct hearings and consider nominations and con- amended, if amended, all without any of my own as part of the Democratic ference reports that are available. I un- intervening action or date. Policy Committee to ensure that we do derstand that the Agriculture appro- The PRESIDING OFFICER. Is there have experts in Washington to express priations conference report will be objection? themselves. We will do that at the ap- available on Monday. We could have The minority leader. propriate moment. that vote Monday or Tuesday, if a re- Mr. DASCHLE. Reserving the right I do not object, but I must express corded vote is necessary. We are hoping to object, and I will not object, I think very grave reservations. the Interior appropriations bill will be this unanimous consent request rep- Mr. LOTT. Has the Chair ruled? on the heels of that one, and I believe resents progress from the first request The PRESIDING OFFICER (Mr. ROB- we are still waiting for the foreign op- made by the majority leader. But I still ERTS). Is there objection to the leader’s erations conference report. We will in- believe this procedure is unfair, and I request? terrupt or take as quick action as pos- would even say dangerous. Without objection, it is so ordered. sible on the conference reports once This is the most significant treaty Mr. LOTT. Mr. President, I appre- they are received and we get notifica- with which we will deal on nuclear pro- ciate the Democratic leader has agreed tion that we intend to have a vote. liferation maybe in the time that the to this request. We have worked back I do have one further unanimous con- majority leader and I will be leaders. and forth now over 2 or 3 days. This is sent request. I wanted the distin- We are going to be taking this up on a fair approach, especially with the two guished Senator from South Dakota to the Senate floor without one hearing in leaders’ amendments, if they are need- be here. We have continued to work to the Foreign Relations Committee. We ed, and a guarantee we will file them in see if we can get an agreement to vote have looked back. We do not know time to take a look at them. on the test ban treaty. when that has ever happened before, It is serious. I take it very seriously. f when the Foreign Relations Committee I do want to make the Senator aware has not acted upon a treaty, even that at least one chairman has notified UNANIMOUS CONSENT AGREE- though it has been pending for 2 years. me he intends to have three hearings MENT—COMPREHENSIVE TEST We are hoping that the Committee on before the final vote—Senator WARNER BAN TREATY Armed Services will take up the treaty of the Armed Services Committee, Mr. LOTT. Mr. President, as in exec- next week, but I believe that alone is which certainly has an interest in this utive session, I ask unanimous consent irresponsible. But we believe we have because of what it does involve, weap- that at 9:30 a.m. on Wednesday, Octo- no choice. Our choice is to send the ons. ber 6, the Foreign Relations Committee message as an institution that this I believe—I cannot confirm the be discharged from further consider- treaty is not important, it does not exactness of these dates or that they ation of Treaty Document 105–28 and even deserve a hearing, or to send the will be able to do them all—he is think- the document be placed on the Execu- message, God forbid, that the Senate ing in terms of hearings on the 6th, 9th, tive Calendar, if not previously re- would reject this treaty and say it was and 12th, and that is a committee ported by the committee. not the U.S. intention to send the mes- which has a great deal of jurisdiction. I should note, that is something that sage around the world that we will ban I do not know yet if Senator HELMS was requested by the Democratic lead- nuclear weapons testing. Those are the plans additional hearings before the ership, and we think it is a reasonable options on the negative side. 12th, although certainly that is a possi- request. On the positive side, the option bility now that we have a time agreed I further ask consent that at 9:30 a.m. might be between now and October 12, to. on Friday, October 8, the Senate begin we can convince the necessary two- In addition, I understand there have consideration of Treaty Document 105– thirds of the Senate to support this been discussions with regard to this 28 and the treaty be advanced through treaty. We still hope, we believe, that treaty in the Foreign Relations Com- the various parliamentary stages, up to might be within our reach. But I know mittee on February 10, 1998; May 13, and including the presentation of the what some of the debate will be, and 1998; June 3, 1998; June 18, 1998; July 13, resolution of ratification, and there be the Presiding Officer or the majority 1998; February 24, 1999; and March 23,

VerDate Mar 15 2010 21:37 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S01OC9.REC S01OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 1, 1999 CONGRESSIONAL RECORD — SENATE S11821 1999. Perhaps it was not a full-blown that in the time that this treaty has aspect of it. The review of nuclear hearing just on that subject; I cannot been before the Senate, not one hearing weapons—what their condition is, what say, but I refer to these dates that were has been held. it will be, what it means for the fu- included in the RECORD just yesterday I am grateful for the chair of the ture—that is at the heart of the con- by Senator HELMS. Armed Services Committee at least cerns that a lot of Senators have, in- There will be at least a couple, if not taking this initiative, as late as the cluding this Senator. I have enough more, hearings in the appropriate com- date may be. It sounds to be a very background, having been on the Armed mittee or committees prior to the final comprehensive set of hearings. That Services Committee in the House and vote. will be helpful. the Senate, to be able to assess, as I see Senator WARNER is here. He But I must say, it is equally irrespon- most Senators, after reading the docu- might want to comment on his think- sible for us to be here at this moment mentation, the ramifications around ing as to the witnesses and how he without 1 day where the committee of the world. plans to proceed. jurisdiction has held hearings on an But if we cannot be assured of the The PRESIDING OFFICER. The Sen- issue of this import and then ask our safety and the reliability of these ator from Virginia. colleagues—the Senate—to pass judg- weapons, then that goes right to the Mr. WARNER. Mr. President, with ment. heart of the whole issue. Before you get my distinguished leader and Senator The majority leader knows we have to discussion about what it means to HELMS, we met today for the better attempted to bring the Senate to this Pakistan or India or North Korea, you part of an hour—and through Senator point now for some time. We are need to know what is going to happen pleased that we have made this LEVIN. As my colleague knows, he is over a period of time in terms of safe- progress. But, frankly, this isn’t the absent for reasons of a personal need ty, the risk to people in the areas, or way to do it. We should have had hear- today. We have carefully laid the foun- the surety that we will have these ings in the committee. We are glad we dation for a very thorough hearing by weapons if, in fact, we do need them. are having hearings in the Armed Serv- the Armed Services Committee. Our I say to Senator WARNER, you and I ices Committee. But to rush to judg- committee has supervision over the have discussed this already. I know ment on an issue of this importance is stockpile, and really the stockpile is a that is the crux of what you are saying. not the way to do business. central body of fact which I urge each Mr. WARNER. Mr. President, my Senator to study very carefully. I yield the floor. Mr. WARNER. Mr. President, I say concern, as you have said, is a decade What we have proposed to do on most respectfully to my good friend, hence. Will there be some leader in the Tuesday of next week is to have the ex- the minority leader, each year the world or, indeed, some rogue or some perts from the Central Intelligence Armed Services Committee reviews the other individual who wants to chal- Agency, from the various laboratories, stockpile issues. Each year we go lenge our country who will have any in closed hearing to lay out the facts through our normal oversight hearings. basis to believe we have less than 100- with regard to this stockpile. The fol- A part of it relates to the very issues percent reliability in that arsenal of lowing Wednesday, we are going to in- that we will again bring to the Senate weapons we will have in a decade or 15 vite the Secretary of Defense, the by virtue of the hearings in our com- years out? That is the critical period of Chairman of the Joint Chiefs, and mittee and the record that we will put time. former Secretaries of Defense and together. I say to my good friend, Senator former Chairmen of the Joint Chiefs, So I must say, most respectfully, our DASCHLE, everyone knows my very and Senator LEVIN, of course, will have committee annually looks at these strong opposition to this treaty. Fre- his selection of witnesses. issues. So for members of our com- quently, colleagues on both sides of the The following day, on Thursday, we mittee, and to the extent others have aisle engage me in informal debate of again, with the directors of the labora- been interested, in fact, the record is what it is about the treaty, what it is tories and others, will cover more de- there. about the facts that lead me to this tails about the stockpile issue and the Mr. DASCHLE. Mr. President, let me conclusion. efforts by this country to put in place just respond quickly. So, yes, perhaps we could have been testing to be a substitute—that is, I acknowledge that. But I believe more formalized at some point in time. computer analysis, and so forth, as a there is a huge difference between But I think it is important that we substitute for actual testing. looking at the issue of stockpile and focus on it at this critical time, and Our committee will have a very thor- looking at the importance of the treaty that we are going to have very thorough set of hearings. We will distill the per se, at the language of the treaty, ough hearings in our committee. I have facts, provide them for the record, and and whether or not we ought to ratify looked over the hearings of the Foreign bring them to the respective leaders, a treaty, whether or not we ought to Relations Committee over the year and and hopefully perhaps the Senate, as a send the message to the rest of the they, indeed, covered many of the sub- whole, can consider parts or all of this world that we want them to ratify the jects relating to this treaty in that pe- important testimony. treaty, whether the treaty is in our riod of time. Mr. LOTT. I thank Senator WARNER long-term interests, and what the f for that information and for his plan ramifications of the treaty are. That is and for his working and discussing this what I am suggesting ought to be the ADJOURNMENT UNTIL MONDAY, with Senator HELMS. I believe it will subject of these hearings. OCTOBER 4, 1999 add a great deal of vital and inter- We ought to be looking at stockpiles, Mr. LOTT. If there is no further busi- esting information for the Senate, and and we ought to be looking at the ness to come before the Senate, I now I am sure he will have testimony based ramifications of our current nuclear ask unanimous consent the Senate on what he just said on both sides of weaponry. And certainly the chairman stand in adjournment under the pre- the issue. That will be helpful. has done an admirable job of that, as vious order. I have no further business at this has the committee as a whole, but we There being no objection, the Senate, time. have not held hearings until now. I at 3:09 p.m., adjourned until Monday, Mr. President, does Senator DASCHLE think they are long overdue. I think we October 4, 1999, at 12 noon. have anything further at this time? as a Senate have made a very big mis- Mr. DASCHLE. Mr. President, I do take in calling this treaty to the floor f not. I appreciate the majority leader prior to the time we have had that NOMINATIONS yielding. kind of consideration in the Foreign The majority leader made reference Relations Committee or, for that mat- Executive nominations received by to meetings where the CTBT has been ter, in the Armed Services Committee. the Senate October 1, 1999: discussed. Certainly we were not in any Mr. LOTT. Mr. President, if I could UNITED STATES POSTAL SERVICE way acknowledging that this issue has respond on that. ALAN CRAIG KESSLER, OF PENNSYLVANIA, TO BE A never come up. But I think it is impor- I do think that a critical part of our GOVERNOR OF THE UNITED STATES POSTAL SERVICE FOR A TERM EXPIRING DECEMBER 8, 2008, VICE J. SAM tant for the record, once again, to say decision involves the armed services WINTERS.

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LA GREE SYLVIA DANIELS, OF PENNSYLVANIA, TO BE A CHEMICAL SAFETY AND HAZARD INVESTIGATION To be rear admiral (lower half) GOVERNOR OF THE UNITED STATES POSTAL SERVICE FOR A TERM EXPIRING DECEMBER 8, 2007. (REAPPOINT- BOARD CAPT. MARY P. O’DONNELL, 0000. MENT) PAUL L. HILL, JR., OF WEST VIRGINIA, TO BE CHAIR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SOCIAL SECURITY ADMINISTRATION PERSON OF THE CHEMICAL SAFETY AND HAZARD INVES- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- TIGATION BOARD FOR A TERM OF FIVE YEARS. (RE- DICATED UNDER TITLE 14, U.S.C., SECTION 271: WILLIAM A. HALTER, OF ARKANSAS, TO BE DEPUTY APPOINTMENT) COMMISSIONER OF SOCIAL SECURITY FOR THE TERM EX- PAUL L. HILL, JR., OF WEST VIRGINIA, TO BE MEMBER To be rear admiral (lower half) PIRING JANUARY 19, 2001. (NEW POSITION) OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD FOR A TERM OF FIVE YEARS. (REAPPOINTMENT) CAPT. VIVIEN S. CREA, 0000. INTERNATIONAL ATOMIC ENERGY AGENCY NUCLEAR REGULATORY COMMISSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GRETA JOY DICUS, OF ARKANSAS, TO BE AN ALTER- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- NATE REPRESENTATIVE OF THE UNITED STATES OF RICHARD A. MESERVE, OF VIRGINIA, TO BE A MEMBER DICATED UNDER TITLE 14, U.S.C., SECTION 271: AMERICA TO THE FORTY-THIRD SESSION OF THE GEN- OF THE NUCLEAR REGULATORY COMMISSION FOR A ERAL CONFERENCE OF THE INTERNATIONAL ATOMIC EN- TERM OF FIVE YEARS EXPIRING JUNE 30, 2004. ERGY AGENCY. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT To be rear admiral (lower half) TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- NORMAN A. WULF, OF VIRGINIA, TO BE AN ALTERNATE CAPT. KENNETH T. VENUTO, 0000. REPRESENTATIVE OF THE UNITED STATES OF AMERICA QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TO THE FORTY-THIRD SESSION OF THE GENERAL CON- CONSTITUTED COMMITTEE OF THE SENATE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FERENCE OF THE INTERNATIONAL ATOMIC ENERGY THE JUDICIARY IN THE UNITED STATES COAST GUARD TO THE GRADE IN- AGENCY. DICATED UNDER TITLE 14, U.S.C., SECTION 271: M. JAMES LORENZ, OF CALIFORNIA, TO BE UNITED DEPARTMENT OF STATE STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT To be rear admiral (lower half) OF CALIFORNIA. J. STAPLETON ROY, OF PENNSYLVANIA, A CAREER VICTOR MARRERO, OF NEW YORK, TO BE UNITED CAPT. JAMES W. UNDERWOOD, 0000. MEMBER OF THE SENIOR FOREIGN SERVICE WITH THE STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT PERSONAL RANK OF CAREER AMBASSADOR, TO BE AN OF NEW YORK. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ASSISTANT SECRETARY OF STATE (INTELLIGENCE AND IN THE UNITED STATES COAST GUARD TO THE GRADE IN- RESEARCH), VICE PHYLLIS E. OAKLEY. IN THE COAST GUARD DICATED UNDER TITLE 14, U.S.C., SECTION 271: UNITED STATES AGENCY FOR INTERNATIONAL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) DEVELOPMENT IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DICATED UNDER TITLE 14, U.S.C., SECTION 271: CAPT. JAMES C. OLSON, 0000. JOSEPH R. CRAPA, OF VIRGINIA, TO BE AN ASSISTANT To be rear admiral ADMINISTRATOR OF THE UNITED STATES AGENCY FOR IN THE COAST GUARD INTERNATIONAL DEVELOPMENT, VICE JILL B. BUCKLEY. REAR ADM. (LH) DAVID S. BELZ, 0000. REAR ADM. (LH) JAMES S. CARMICHAEL, 0000. THE FOLLOWING NAMED OFFICER OF THE UNITED DEPARTMENT OF STATE REAR ADM. (LH) ROY J. CASTO, 0000. STATES COAST GUARD TO BE A MEMBER OF THE PERMA- NENT COMMISSIONED TEACHING STAFF OF THE COAST AVIS THAYER BOHLEN, OF THE DISTRICT OF COLUM- REAR ADM. (LH) JAMES A. KINGHORN, JR., 0000. GUARD ACADEMY IN THE GRADE INDICATED UNDER BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- REAR ADM. (LH) ERROLL M. BROWN, 0000. TITLE 14, U.S.C., SECTION 188: ICE, CLASS OF MINISTER-COUNSELOR, TO BE AN ASSIST- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANT SECRETARY OF STATE (ARMS CONTROL). (NEW POSI- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- To be lieutenant commander TION) DICATED UNDER TITLE 14, U.S.C., SECTION 271: To be rear admiral (lower half) KURT A. SEBASTIAN, 0000. f COAST GUARD NOMINATIONS BEGINNING ERNEST J. CAPT. RALPH D. UTLEY, 0000. FINK, AND ENDING WILLIAM J. WAGNER, WHICH NOMINA- CONFIRMATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNITED STATES COAST GUARD RESERVE TO THE IN THE CONGRESSIONAL RECORD ON SEPTEMBER 13, 1999. Executive nominations confirmed by GRADE INDICATED UNDER TITLE 10, UNITED STATES the Senate October 1, 1999: CODE, SECTION 12203: NATIONAL OCEANIC AND ATMOSPHERIC To be rear admiral ADMINISTRATION NATIONAL CONSUMER COOPERATIVE BANK REAR ADM. (LH) CARLTON D. MOORE, 0000. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- HARRY J. BOWIE, OF MISSISSIPPI, TO BE A MEMBER OF TION NOMINATIONS BEGINNING DONALD A. DREVES, AND THE BOARD OF DIRECTORS OF THE NATIONAL CON- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ENDING KEVIN V. WERNER, WHICH NOMINATIONS WERE SUMER COOPERATIVE BANK FOR A TERM OF THREE IN THE UNITED STATES COAST GUARD RESERVE TO THE RECEIVED BY THE SENATE AND APPEARED IN THE CON- YEARS. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: GRESSIONAL RECORD ON SEPTEMBER 9, 1999.

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