[Congressional Record Volume 140, Number 139 (Thursday, September 29, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1995, DISTRICT OF COLUMBIA 
   SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT, 1994--CONFERENCE 
                                 REPORT

  The Senate continued with the consideration of the conference report.
  Mr. COHEN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Maine.
  Mr. COHEN. Madam President, I will not take a good deal of time this 
evening. We have debated this issue for hours. It is strange because 
there is no debate. There has been no opposition to this amendment, no 
expressed opposition, I should say.
  This is an amendment designed to deal with the problem of widespread 
health care fraud and abuse. The numbers are staggering. I mentioned 
them time and time again. GAO estimates that we are losing $100 billion 
a year, which works out to $275 million a day, and $11.5 million an 
hour. We have been standing idly by. We do not have an effective 
mechanism to begin to cope with the volume of fraud that is currently 
being perpetrated.
  This amendment, in and of itself, will not and could not hope to 
prevent all the fraud that is and will be perpetrated against the 
American taxpayers, but it is something that everyone agrees is 
desperately needed to at least arm our prosecutors, the FBI, the 
Justice Department, and the Health and Human Services inspector 
general. They need this tool in order to more effectively combat those 
who are committing fraud against the American people.
  We know that this provision was in the President's health care 
proposal. It was in Senator Mitchell's health care proposal. It was in 
Senator Dole's health care proposal. It was in the so-called bipartisan 
mainstream coalition proposal. So no one is in disagreement with the 
need and the necessity for this legislation.
  Earlier in the week, I sought to attach it to the Health and Human 
Services appropriations bill. I yielded to the importuning of the 
Senator from Oregon who asked me to defer consideration of this 
amendment and to put it on DC appropriations. Which I did.
  Portions of this same amendment were attached to the crime bill which 
we passed over a year ago in the Senate--the title XVIII provisions 
that are contained in this amendment. The House of Representatives 
stripped that out of the crime bill because they argued this really 
belongs on health care reform. I think it belongs on a crime bill 
because crimes are being committed against the American people. They 
said, ``No, put it on health care reform.''
  It is obvious why they said that. They wanted it on health care 
reform because they looked at the numbers that say $100 billion. So if 
we could make headway in combating fraud and abuse, we would save 
substantial money maybe billions of dollars, and I think the  President 
hoped that those moneys that were saved could then be used to pay for 
an expansion of health care coverage for those who are currently 
uninsured.

  But we do not have a health care reform bill this year. We are not 
likely to have one in the waning days of this session. So we are faced 
with the prospect now of another year having elapsed and no statute on 
the books which the Justice Department can go to to prosecute 
individuals who are robbing us and bleeding us blind.
  If we wait until next year, we will have potentially lost another 
$100 billion. If we come back in January, we will not begin our session 
until the latter part of January. We will then go out on the Lincoln 
Day recess, we will come back some time in late February or early March 
to begin substantive deliberations again. Hearings will have to be held 
in the various committees. Labor, Education, Finance, perhaps the Aging 
Committee, other committees with overlapping jurisdiction--all will 
have to hold their hearings all over again. Legislation will finally be 
brought to the floor. We will debate that at length, hopefully pass 
some legislation, and then await House action, which will go through 
the exact same process.
  So we are looking at months into next year before we can hope to pass 
any kind of health care reform, which would include a provision dealing 
with health care fraud.
  Madam President, I do not think we can afford to wait. Since last 
year when we passed the provision dealing with title XVIII to the crime 
bill, we have lost roughly $85 billion in that period of time. I do not 
think the American people will tolerate us failing to take action. They 
did not apparently want us to take action on a health care reform 
package. That is understandable because of so much complexity 
associated with the bill, so much confusion about exactly what the 
administration or we might be up to. But this is something that is 
pretty clear. There is no confusion about this. There is no lack of 
clarity on what has to be done and what this legislation will do.
  So, Madam President, it is my hope that we will approve the amendment 
that I have submitted, as amended by Senator Domenici, and at least 
have the opportunity to go on record to say that we think this has to 
stop, this is something that is not a matter of debate or dissension 
within the membership here.
  It is something we should move on quickly and can move on quickly and 
at least put the question to the House of Representatives as to whether 
they want to wait another year before we have any kind of meaningful 
legislation dealing with fraud.
  Madam President, I yield the floor.
  Mr. BYRD. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WOFFORD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Bryan). Without objection, it is so 
ordered.
  The PRESIDING OFFICER. Who seeks recognition?
  The Senator from Pennsylvania [Mr. Wofford].

                          ____________________