[Congressional Record Volume 140, Number 140 (Friday, September 30, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 THE NFIB DOESN'T OPPOSE HEALTH REFORM

  Mr. DURENBERGER. Mr. President, the National Federation of 
Independent Business [NFIB] is getting a lot of heat for its alleged 
hypocrisy these days. The Washington Post reports that while the NFIB 
is running ads to complain about the failure of health reform this 
year, the NFIB itself was opposed to some key elements of the Clinton 
bill.
  That is not hypocritical. As someone who has been fighting for real 
health reform for nearly two decades--and who was therefore opposed to 
the worst elements of the Clinton bill--I think it is a pro-reform 
position.
  The kind of health reform the NFIB wanted is exactly the kind of 
health reform America really needs.
  To begin with, the NFIB opposed employer mandates. To enact mandates 
on employers would just impose universal coverage on a system that 
doesn't work. It would do absolutely nothing to reform the government 
subsidies that are the cause of today's major cost shift in the health 
system.
  So employer mandates are not reform. What is reform?
  I would begin by reforming the system of tax deductibility for health 
benefits, which the NFIB also wants to do. Today's system is very 
regressive. We have to level the playing field between small and large 
companies.
  The NFIB also wants to encourage purchasing pools. We have to give 
small companies the same decent price for insurance that large 
companies enjoy. Some win, some lose, but everyone pays a fair price. 
That is the whole idea of insurance in the first place.
  The NFIB is also fighting for guaranteed issue and renewal of health 
insurance--yet another vital component of real health reform. it is a 
major step toward making health insurance companies truly accountable 
to consumers.
  These are just a few important changes that would vastly improve the 
health insurance market in this country. The NFIB supports them, and I 
support them. To dismiss us as opponents of reform just because we do 
not buy into the Clinton administration's Rube Goldberg contraption is 
both cynical and false.
  Mr. DURENBERGER. Mr. 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. MITCHELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2594

  Mr. MITCHELL. Mr. President, I call for the regular order with 
respect to the Cohen amendment.
  The PRESIDING OFFICER. The Cohen amendment is the pending question.
  Mr. MITCHELL. In behalf of Senator Cohen, I ask unanimous consent to 
withdraw the Cohen amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2594) was withdrawn.


                           Amendment No. 2585

  Mr. MITCHELL. Mr. President, I call for the regular order with 
respect to the Gramm amendment.
  The PRESIDING OFFICER. The Gramm amendment is in fact the pending 
question.
  Mr. MITCHELL. In behalf of Senator Gramm, I ask unanimous consent to 
withdraw the Gramm amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2585) was withdrawn.


                           Amendment No. 2602

  Mr. DURENBERGER. Mr. President, I ask unanimous consent that I 
withdraw my amendment.
  The PRESIDING OFFICER. The Senator has that right. Without objection, 
it is so ordered.
  The amendment (No. 2602) was withdrawn.


    Concurrence En Bloc To The Remaining Amendments In Disagreement

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate 
concur en bloc to the amendments in disagreement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments in disagreement agreed to en bloc are as follows:

       Resolved, That the House agree to the report of the 
     committee of conference on the disagreeing votes of the two 
     Houses on the amendments of the Senate to the bill (H.R. 
     4649) entitled ``An Act making appropriations for the 
     government of the District of Columbia and other activities 
     chargeable in whole or in part against the revenues of said 
     District for the fiscal year ending September 30, 1995, and 
     for other purposes.''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 11 to the aforesaid 
     bill, and concur therein.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 3 to the aforesaid bill, 
     and concur therein with an amendment as follows:
       In lieu of the matter proposed in said amendment, insert: 
     ``, of which $1,500,000 shall be used to provide additional 
     support to title I (chapter I) of the Elementary and 
     Secondary Education Act (20 U.S.C. 2701 et seq.) and $910,000 
     shall be available for the National Learning Center, Options 
     School ($750,000) and Model Early Learning Center 
     ($160,000)''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 15 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ; (5) Explanations of the impact on 
     meeting the budget, how the results may be reflected in a 
     supplemental budget request, or how other policy decisions 
     may be necessary which may require the agencies to reduce 
     expenditures in other areas; and
       (6) An aging of the outstanding receivables and payables, 
     with an explanation of how they are reflected in the forecast 
     of cash receipts and disbursements.
       (c) Reporting on Nonappropriated Funds.--Not later than the 
     date on which the Mayor issues the Comprehensive Annual 
     Financial Report of the District of Columbia for the fiscal 
     year ended September 30, 1994, the Mayor shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the Committee on the District of Columbia of 
     the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate a report on all revenues 
     and expenditures of the general fund of the District that are 
     characterized as nonappropriated in the Comprehensive Annual 
     Financial Report. The report required by this subsection 
     shall include the following information for each category of 
     nonappropriated funds:
       (1) The source of revenues:
       (2) The object of the expenditures;
       (3) An aging of outstanding accounts receivable and 
     accounts payable;
       (4) The statutory or other legal authority under which such 
     category of funds may be expended without having been 
     appropriated as part of the District's annual budget and 
     appropriations process;
       (5) The date when such category of funds was first expended 
     on a nonappropriated basis;
       (6) The policy or rationale for why the revenues and 
     expenditures of such funds should not be part of the 
     District's annual budget and appropriations process; and
       (7) A reconciliation of the amounts reported under this 
     subsection with the amounts characterized as nonappropriated 
     in the Comprehensive Annual Financial Report
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 18 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       Delete the matter inserted by said amendment,

                                  and

       On page 34, line 7 of the House engrossed bill, H.R. 4649, 
     after the word ``Mayor'' insert ``of the District of 
     Columbia'',

                                  and

       On page 34, line 14 of the House engrossed bill, H.R. 4649, 
     strike ``Flow Statements'' and insert in lieu thereof 
     ``Forecasts'',

                                  and

       On page 34, line 16 of the House engrossed bill H.R. 4649, 
     strike all after ``include'' down through and including 
     ``the'' on line 18 and insert in lieu thereof ``revisions to 
     the forecasts reported in accordance with subsection (b) of 
     section 137 of this Act that incorporate the'',

                                  and

       On page 34, line 4 of the House engrossed bill H.R. 4649, 
     strike ``Congress'' and insert in lieu thereof: ``Committees 
     on Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate'',

                                  and

       On Page 34, line 11 of the House engrossed bill, H.R. 4649, 
     strike ``Congress'' and insert in lieu thereof ``Committees 
     on Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 20 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       Restore the matter stricken by said amendment,

                                  and

       On page 35 of the House engrossed bill, H.R. 4649, strike 
     all after line 3 through and including line 24,

                                  and

       On page 36 of the House engrossed bill, H.R. 4649, strike 
     lines 1 through 8 and insert in lieu thereof the following:
       (b) Annual Limitation on Disbursements.--
       (1) Aggregate limitation.--The total disbursements and net 
     payables of the government of the District of Columbia from 
     the funds by paragraph (2) during fiscal year 1995 shall 
     exceed the total receipts collected by the government and 
     available for such funds during fiscal year 1995.
       (2) Individual fund limitations.--The disbursements and net 
     payables of the government of the District of Columbia from 
     the general fund and from each of the government's other 
     funds not covered by paragraph (3) during fiscal year 1995 
     shall not exceed the receipts collected by the government and 
     available for the general fund and for each such fund during 
     fiscal year 1995.
       (3) Capital projects, trust and agency funds limitations.--
     The disbursements and net payables of the government of the 
     District of Columbia from each of the government's capital 
     projects, trust and agency funds during fiscal year 1995 
     shall not exceed the total of the cash available to each such 
     fund at the beginning of fiscal year 1995 plus the receipts 
     of each such fund during fiscal year 1995.
       (c) Enforcement.--
       (1) Placement in escrow of portion of annual federal 
     payment.--Upon receipt of the annual Federal payment for 
     fiscal year 1996 authorized by sections 502(a) and 503 of the 
     District of Columbia Self-Government and Governmental 
     Reorganization Act or made pursuant to any other provision of 
     law authorizing a Federal payment to the general fund of the 
     District of Columbia for fiscal year 1996, the Mayor of the 
     District of Columbia shall place in escrow--
       (A) 10 percent of the Federal payment, for purposes of 
     enforcement of subsection (a); and
       (B) an additional 10 percent of the Federal payment, for 
     purposes of enforcement of subsection (b)(1).
       (2) Availability of escrowed amounts.--No portion of the 
     funds placed in escrow under paragraph (1) of this subsection 
     shall be available for use by the government of the District 
     of Columbia until the Mayor submits to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate two reports, each certified by an 
     independent public accountant, on (A) the spending reductions 
     required by subsection (a) of this section, and (B) the 
     disbursements, net payables, and receipts covered by 
     paragraph (1) of subsection (b) of this section. In no event 
     shall the reports required by this paragraph be submitted 
     later than the date on which the Mayor issues the 
     Comprehensive Annual Financial Report of the District of 
     Columbia for the fiscal year ended September 30, 1995.
       (3) Amounts of escrowed funds available.--Fifteen days 
     after submitting the reports required by paragraph (2), the 
     funds placed in escrow under paragraph (1) shall be available 
     for use by the government of the District of Columbia only 
     if--
       (A) the Mayor pays to the Treasury of the United States the 
     sum of--
       (i) the amount (if any) by which the actual reduction 
     implemented under subsection (a) fails to achieve the 
     reduction made by paragraph (1) of such subsection; and
       (ii) the amount (if any) by which the disbursements and net 
     payables described in subsection (b)(1) exceed the receipts 
     described in such subsection; and
       (B) such payment is made by the Mayor within such fifteen-
     day period from the escrowed funds or, if such escrowed funds 
     are insufficient, from other funds available to the 
     government of the District.
       (d) Violation Reports.--Not later than the date on which 
     the Mayor issues the Comprehensive Annual Financial Report of 
     the District of Columbia for the fiscal year ended September 
     30, 1995, the Mayor, Deputy Mayor for Financial Management, 
     and Controller shall jointly submit to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate a separate report on each fund 
     described in paragraphs (2) and (3) of subsection (b) of this 
     section that violated the limitation applicable to the fund. 
     Each report shall contain, but not be limited to--
       (1) the amount of the violation;
       (2) an analysis of the difference between the budgeted and 
     actual disbursements, payables, and receipts for fiscal year 
     1995;
       (3) an explanation of policies, events, or other factors 
     that caused or contributed to the violation;
       (4) actions taken or to be taken against government 
     officials or employees for causing or contributing to the 
     violation; and
       (5) actions taken or to be taken to prevent recurrence of 
     the violation in fiscal year 1996.
       (e) Definitions.--For purposes of this section--
       (1) the term ``net payables'' means the difference in the 
     amount of payables for a fund at the beginning of a fiscal 
     year and the amount of such payables for such fund at the end 
     of the fiscal year;
       (2) the term ``payables'' means accounts payables and 
     compensation payables; and
       (3) the terms ``disbursements'', ``accounts payables'', 
     ``compensation payables'', ``receipts'', ``capital projects 
     fund'', ``trust funds'' and ``agency funds'' shall have the 
     same meaning as such terms had for purposes of the 
     Comprehensive Annual Financial Report of the District of 
     Columbia for the fiscal year ended September 30, 1993.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 21 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       Restore the matter stricken by said amendment and delete 
     the matter inserted by said amendment,

                                  and

       On page 36 of the House engrossed bill, H.R. 4649, strike 
     lines 9 through 11.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 23 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of matter proposed in said amendment, insert:


             limitations on full-time equivalent positions

       Sec. 141. (a) Reduction.--The total number of full-time 
     equivalent positions financed from District of Columbia 
     appropriated funds shall not exceed 33,588.
       (b) Monitoring and Notification.--The Mayor of the District 
     of Columbia shall--
       (1) regularly monitor the total number of full-time 
     equivalent positions financed from District of Columbia 
     appropriated funds and make a determination on the first date 
     of each quarter of the fiscal year of whether the 
     requirements under subsection (a) are met; and
       (2) notify the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on the District 
     of Columbia of the House of Representatives and the Committee 
     on Governmental Affairs of the Senate on the first day of 
     each quarter of the fiscal year of the determinations made 
     under paragraph (1).
       Sec. 142. (a) In General.--The Secretary of the Army, 
     acting through the Chief of Engineers, shall conduct a study 
     of the Washington Aqueduct. The study shall be conducted in 
     consultation with the Environmental Protection Agency, the 
     Office of Management and Budget, and the non-Federal public 
     water supply customers of the Washington Aqueduct.
       (b) Study Contents.--The study required by subsection (a) 
     shall include analyses of--
       (1) the current condition of the Washington Aqueduct;
       (2) the operation and maintenance activities and capital 
     improvements required at the Washington Aqueduct facility to 
     ensure the availability of an uninterruptible supply of 
     potable drinking water sufficient to meet the current and 
     future needs of the District of Columbia and its environs;
       (3) alternative methods of financing such operation and 
     maintenance activities and capital improvements; and
       (4) alternative arrangements for ownership of the 
     Washington Aqueduct facility, including the operation of 
     establishing a non-Federal regional water authority and 
     transferring ownership and operating responsibility from 
     the Department of the Army to such regional authority or 
     to another appropriate non-Federal entity.
       (c) Report.--Not later than February 1, 1995, the Secretary 
     of the Army, acting through the Chief of Engineers, shall 
     submit to the Congress a report setting forth the findings of 
     the study required by subsection (a) and any recommendations 
     as a result of the findings. The report shall include a 
     recommendation on the advisability of establishing a non-
     Federal regional water authority and transferring ownership 
     of and operating responsibility for the Washington Aqueduct 
     facility from the Department of the Army to such regional 
     authority.
       (d) Definition.--For purposes of this section, the term 
     ``non-Federal public water supply customers of the Washington 
     Aqueduct'' means the District of Columbia, Arlington County, 
     Virginia, and the City of Falls Church, Virginia.


          annual board of education report and budget revision

       Sec. 143. (a) Annual Report on Positions and Employees.--
     Hereafter, the Board of Education of the District of Columbia 
     shall annually compile an accurate and verifiable report on 
     the positions and employees in the public school system of 
     the District. The first such annual report shall be verified 
     by independent auditors.
       (b) Required Contents of Annual Report.--The annual report 
     required by subsection (a) shall set forth--
       (1) the number of validated schedule A positions in the 
     public school system of the District of Columbia for the 
     following fiscal year on a full-time equivalent basis, 
     including a compilation of all positions by control center, 
     responsibility center, funding source, position type, 
     position title pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the public school 
     system of the District of Columbia as of the preceding 
     December 31, verified as to its accuracy in accordance with 
     the functions that each employee is actually performing, by 
     control center, responsibility center, agency reporting code, 
     program (including funding source), activity, location for 
     accounting purposes, job title, grade and classification, 
     annual salary, and position control number.
       (c) Submission of Annual Report.--
       (1) First report.--The first annual report required by 
     subsection (a) shall include the information required by 
     subsection (b)(1) for each of the fiscal years 1993, 1994, 
     and 1995, and shall be submitted to the Congress, and to the 
     Mayor and Council of the District of Columbia, by not later 
     than October 1, 1994.
       (2) Subsequent reports.--Except as provided in paragraph 
     (1), the annual report required by subsection (a) shall be 
     submitted to the Congress, and to the Mayor and Council of 
     the District of Columbia, by not later than April 15 of each 
     year.
       (d) Annual Budget Revision.--
       (1) In general.--Not later than October 1, 1994 and each 
     succeeding year or within 15 calendar days after the date of 
     the enactment of the District of Columbia Appropriations Act 
     for the fiscal year beginning on such October 1 (whichever 
     occurs first), the Board of Education of the District of 
     Columbia shall submit to the Congress, and to the Mayor and 
     Council of the District, a revised appropriated funds 
     operating budget for the public school system of the District 
     for such fiscal year that is in the total amount of the 
     approved appropriation and that realigns budgeted data for 
     personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (2) Required format.--The revised budget required by 
     paragraph (1) shall be submitted in the format of the budget 
     that the Board of Education of the District of Columbia 
     submits to the Mayor of the District for inclusion in the 
     Mayor's budget submission to the Council of the District 
     pursuant to section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act (Public Law 
     93-198; D.C. Code, sec. 47-301).

  Mr. MITCHELL. Mr. President, have we now completed action on the 
measure?
  The PRESIDING OFFICER. Without objection, the Senate does concur with 
all the amendments from the House and that does, thereby, conclude 
action.
  Mr. MITCHELL. I thank my colleagues. I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. KOHL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KOHL. Mr. President, many people are happy to see this bill 
finished and probably none more than Tim Leeth, the appropriations 
staff member who staffs the D.C. Appropriations Subcommittee. Tim has 
been invaluable to me in putting together the D.C. budget bill that we 
are sending to the President today, just as he has been invaluable to 
many other chairmen of the D.C. Appropriations Subcommittee.
  Putting together a decent and fair D.C. budget is a thankless job in 
this institution, but Tim does it seriously, tirelessly, and well. He 
makes my job easy and he is indeed a credit to the Senate.
  Mr. President, I want to thank all Senators for their restraint and 
understanding today in allowing this bill to be sent on to the 
President before the end of the fiscal year. In particular the chairman 
of the Appropriations Committee, Senator Byrd, and the majority leader, 
Senator Mitchell, on our side have once again brought the Senate to the 
right conclusion at the right time.
  The D.C. government was making contingency plans to stop all 
nonessential services if this bill did not pass. We came very close to 
closing the public schools in Washington by our inaction, that has been 
avoided. The city will receive the Federal payment on time and there 
will be no lapse in its authority to operate the local government. The 
cuts that we require in the conference agreement will be made, as will 
the reductions required in the number of employees.
  Mr. President, in closing I again want to express to Senators my 
appreciation and that of the citizens of Washington.
  Mr. BYRD. Mr. President, I ask unanimous consent the vote on the 
conference report be reconsidered and laid on the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The motion to lay on the table was agreed to.

                          ____________________