[Congressional Record Volume 141, Number 158 (Thursday, October 12, 1995)]
[Senate]
[Pages S15091-S15092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        FORGETTING THE DISABLED

  Mr. ROCKEFELLER. Mr. President, I have just been made aware of 
something which I think is unprecedented as far as I can remember, in 
which case and in any event is very shocking. I want my colleagues to 
be aware of it, that an attempt is now in the process, or may have 
already been made and accomplished by the Republican leadership, to 
drop language from an amendment that was passed overwhelmingly in the 
Senate Finance Committee in its formal and official public markup. I am 
not sure if this is a violation of Senate rules or of Senate Finance 
Committee rules but it is a violation of any kind of reasonable 
practice.
  Let me say this again because it is just to me an unbelievable 
situation. I said that correctly. As I speak, Republican leadership 
staff is telling reporters--is telling reporters--that language that 
was voted on, voted on and passed by the vote of 17 to 3, a recorded 
vote, is going to be dropped.
  Now, there is no doubt about what happened. For one, I was among the 
committee that was there. Second, I am a coauthor of the amendment that 
was involved. And there is also a transcript of the proceedings of the 
Senate Finance Committee markup. And there was a rollcall vote. 
Seventeen Republicans and Democrats voted for the Chafee-Rockefeller 
amendment in committee.
  Now, this amendment stemmed out of the whole question of what are we 
going to do with pregnant women, and children and the disabled with 
respect to turning over all of Medicaid to the States. And there were 
those of us who felt that pregnant women and children and the disabled 
ought to be--that guarantee ought to continue because that is so 
fundamental in American life. So poor children, pregnant women and the 
disabled, that is what the members of the Finance Committee voted for.
  Now, again, some say that this is going to be dropped. No new debate. 
No new hearing. No new vote. Unprecedented. Just a closed door. A 
dealing with a closed door. And the disabled get dropped.
  Now, I do not know where I am. Is this the U.S. Senate or is this the 
twilight zone? We are looking through a looking glass of some sort. 
When votes do not count and history is not history and what was done 
was not actually done, this is more than a wonderland, it is positively 
Orwellian.
  I do not know whether I participated, therefore, in some kind of a 
show markup. Was this just a game we were playing? It was a formal 
session, called to session by Chairman Roth. It lasted for 3 days. This 
occurred, I believe, on the last day. But you go to a show markup and 
then the real results are done later.
  Now, there were some deals that were cut behind doors over on the 
House side the other day, yesterday, which we were informed about last 
night, some of us, which were pretty shocking. But this is the Senate. 
And the committee process, which I respect, which I am a part of, is 
made a sham. And forget the rules, forget the procedures, forget the 
record.
  Now, I am just going to go to two things and I will be finished on 
it. This was an amendment offered by Senator Chafee and myself.
  Let me just read the purpose. ``To guarantee health care coverage''--
this is what was handed out to each Senate Finance Committee member 
before the discussion of the vote--``To guarantee health care coverage 
to low-income pregnant women and children''--that happens to be 
children through the age of 12--``and to individuals with 
disabilities,'' verbal emphasis I add.
  The words are already there in the description. ``At the appropriate 
place, insert language,'' et cetera, ``coverage for pregnant women and 
children aged 12 and under, living in families below 100 percent of the 
Federal poverty level and to individuals with disabilities,'' verbal 
emphasis I supply.
  The record itself in this discussion, one Senator is saying, ``What 
it would do would be to guarantee health care coverage to low-income 
pregnant women and children and individuals with disabilities,'' in 
explaining the amendment before the Finance Committee members before 
the vote.

  And then shortly thereafter, the same Senator says, ``That language 
be inserted which guarantees coverage''--this is in the debate now--
``to pregnant women and children, age 12 and under, living in families 
below 100 percent of the poverty level and individuals with 
disabilities.''
  Very clear to members of the Finance Committee.
  Then on the next page, the same Senator indicating, ``So we make a 
little improvement over the current thing, plus individuals with 
disabilities.''
  Then later on in the debate, and there was some debate over this, the 
same Senator: ``And I also would point out to everyone here that we are 
dealing with the disabled as well.''
  This was the statement that was made immediately prior to the vote. 
``We are dealing with the low-income pregnant women and children and 
the disabled, as I mentioned before. So I would like to have a vote,'' 
the Senator said.
  Another Senator said, ``Mr. Chairman, all time has expired on both 
sides.''
  The chairman said, ``We are trying to proceed. I congratulate the 
distinguished Senator,'' et cetera, et cetera, the clerk will call the 
roll.
  The clerk: ``Mr. Dole.''
  The chairman: ``Aye by proxy,'' and he was represented.
  ``Mr. Packwood.''
  No by proxy.
  ``Mr. Chafee.''
  Aye by proxy.
  ``Mr. Grassley,'' and so on it went.
  So here we have the amendment, here we have the committee transcript 
of the hearing itself and now, if the disabled are dropped after they 
were included in the amendment, voted for in the amendment and the 
amendment was approved by 17 of the 20 members of the Finance 
Committee, then how can anybody ever trust anything that goes on in 
this body? How can anybody trust anything that goes on in the Finance 
Committee? How can anybody trust anything that goes on as between the 
two parties within this Chamber?
  It is an outrageous situation, Mr. President. It is one which is 
grossly unfair. It is manipulative of due process, of proper voting 
and, in fact, of consensus on the Finance Committee.
  There are a lot of disabled folks out there. For them to get dropped 
in some kind of a back-room deal before this bill comes to the Senate, 
I want to put my colleagues on notice, it is going to be a very 
interesting discussion.
  I thank the Chair, and I yield the floor.
  Mr. DODD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll. 

[[Page S 15092]]

  The bill clerk proceeded to call the roll.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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