[Congressional Record Volume 141, Number 168 (Friday, October 27, 1995)]
[Daily Digest]
[Pages D1266-D1270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Friday, October 27, 1995 

[[Page D 1266]]


                              Daily Digest


HIGHLIGHTS

      Senate passed Budget Reconciliation.


                                 Senate


Chamber Action
Routine Proceedings, pages S15979-S16158
Measures Introduced: One bill and one resolution were introduced, as 
follows: S. 1367 and S. Res. 188.
  Pages S16107-08
Measures Reported:
  Special Report entitled ``Revised Allocation to Subcommittees of 
Budget Totals from the Concurrent Resolution for Fiscal Year 1996''. 
(S. Rept. No. 104-165)
Page S16107
Measures Passed:
   Budget Reconciliation: By 52 yeas to 47 nays (Vote No. 556), Senate 
passed H.R. 2491, to provide for reconciliation pursuant to section 105 
of the concurrent resolution on the budget for fiscal year 1996, after 
striking all after the enacting clause and inserting in lieu thereof 
the text of S. 1357, Senate companion measure, after taking action on 
motions/amendments proposed thereto, as follows:
  Pages S15979-S16099
Adopted:
  (1) Domenici (for Murkowski/Johnston) Amendment No. 2980, of a 
technical nature.
Page S15979
  (2) By 94 yeas to 5 nays (Vote No. 520), Kennedy/Kassebaum Amendment 
No. 2981, to strike the provision allowing the transfer of excess 
pension assets.
Pages S15979, S15981-82
  (3) By 51 yeas to 48 nays (Vote No. 522), Pryor/Cohen Amendment No. 
2983, to provide for the continuation of requirements for nursing 
facilities in the Medicaid program.
Pages S15979, S15987
  (4) Exon (for Reid) Amendment No. 2992, to amend title 4, United 
States Code, to limit State taxation of certain pension income.

Page S15990
  (5) Domenici (for D'Amato) Amendment No. 2993, of a technical nature.
                                                        Pages S15990-91
  (6) Domenici (for Heflin/Shelby) Amendment No. 2995, to provide that 
the repeal of the exclusion for punitive damages shall not apply to 
punitive damages in a wrongful death action in a State where on 
September 13, 1995, only punitive damages may be awarded in such an 
action.
Page S15998
  (7) Cochran/Jeffords Amendment No. 3004, to require the Secretary of 
Agriculture to establish a special marketing order to equalize returns 
on all milk used to produce Class IV final products, to consent to the 
Northeast Interstate Dairy Compact, and to require the Secretary to 
carry out an agricultural competitiveness initiative.
Pages S16000-03
  (8) Nickles Amendment No. 3008, to strike child support enforcement 
fees for non-assistance families.
Pages S16004-05
  (9) Domenici (for Dole) Amendment No. 3010, to increase the 
deductibility of business meal expenses for individuals subject to 
Federal limitations on hours of service.
Pages S16005-07
  (10) Domenici (for D'Amato) Amendment No. 3011, to express the sense 
of the Senate regarding the tax treatment of conversions of thrift 
charters to bank charters.
Pages S16005-07
  (11) Domenici (for Grassley) Amendment No. 3012, to include the 
American Osteopathic Association on the advisory group for the Medicaid 
Task Force.
Pages S16005-07
  (12) Domenici (for Boxer) Amendment No. 3013, to provide that Members 
of Congress and the President shall not be paid during Federal 
Government shutdowns.
Pages S16005-07
  (13) Domenici (for Graham) Amendment No. 3014, to ensure Medicare 
beneficiaries have emergency or urgent care provided and paid for by 
Medicare choice plans by establishing a definition of an emergency 
medical condition that is based upon the prudent payperson standard.

Pages S16005-07
  (14) Domenici (for Hutchison) Amendment No. 3015, to express the 
sense of the Senate on continued human rights violations in the former 
Yugoslavia.
Pages S16009-10
  (15) Domenici (for Kohl) Amendment No. 3016, to allow qualified 
retiring farmers to rollover the gain from the sale of farm assets into 
an individual 

[[Page D 1267]]
retirement account, and provide an offset by improving the application 
of the capital gains tax to sales of stock in domestic corporations by 
10 percent foreign shareholders.
Page S16010
  (16) Domenici (for Simpson) Amendment No. 3017, to require the 
President to include a generational accounting in the President's 
budget.
Pages S16010-11
  (17) Wellstone/Chafee Amendment No. 3018, to provide States with the 
flexibility to continue to provide medical assistance under the 
Medicaid program to certain disabled individuals with incomes over 250 
percent of poverty.
Page S16011
  (18) Domenici (for Grassley) Amendment No. 2955, relating to the 
Indian Health Service health care program.
Page S16014
  (19) Domenici (for Brown) Amendment No. 3022, to establish an 
authority for lease-purchase of overseas property.
Page S16017
  (20) Exon (for Leahy) Amendment No. 3024, to finance 100 percent of 
the expenditures of a nutrition assistance program for American Samoa. 
                                                        Pages S16019-20
  (21) By 56 yeas to 43 nays (Vote No. 542), Smith motion to instruct 
the conferees on the part of the Senate to recede to the House 
amendment relating to the prohibition on Federal funding for Medicaid 
abortions except to save the life of the mother or in cases of rape or 
incest.
Pages S16022-23
  (22) Domenici/Bingaman Amendment No. 3026, to eliminate reasonable 
cost reimbursement under the medicare program of legal fees after an 
unsuccessful appeal of denied claims.
Pages S16023-24
  (23) Domenici (for Lott/Jeffords) Amendment No. 3027, to amend the 
Civil War Battlefield Commemorative Coin Act of 1992.
Pages S16024-25
  (24) Biden Amendment No. 3029, to provide authority to pay plot or 
interment allowance for veterans buried in State cemeteries.

Pages S16026-27
  (25) Domenici (for D'Amato) Amendment No. 3037, to permit so called 
``Oakar'' banks to move 10% of their deposits to the Bank Insurance 
Fund from the SAIF.
Page S16037
  (26) By 57 yeas to 42 nays (Vote No. 554), Roth Amendment No. 3038, 
to make various changes in the spending control provisions in the 
matter under the jurisdiction of the Committee on Finance.

Pages S16038-49
Rejected:
  (1) By 23 yeas to 76 nays (Vote No. 518), Gramm Amendment No. 2978, 
to provide States additional flexibility in providing for Medicaid 
beneficiaries.
Pages S15979-80
  (2) By 19 yeas to 80 nays (Vote No. 523), Simon/Conrad Modified 
Amendment No. 2984, in the nature of a substitute.

Pages S15979, S15988
  (3) By 47 yeas to 52 nays (Vote No. 524), Specter Amendment No. 2985, 
to restore funding for Medicare disproportionate share hospital 
payments.
Pages S15989-90
  (4) Baucus Amendment No. 2988, to strike the provision authorizing 
oil and gas development in the Arctic National Wildlife Refuge while 
preserving a balanced budget by 2002. (By 51 yeas to 48 nays (Vote No. 
525), Senate tabled the amendment.)
Page S15991
  (5) Kennedy Amendment No. 2996, to prohibit balance billing by 
providers participating in medicare choice plans. (By 52 yeas to 47 
nays (Vote No. 527), Senate tabled the amendment.)
Pages S15998-99
  (6) Lautenberg Amendment No. 3007 (to Amendment No. 3005), to limit 
any individual income tax break to those with incomes under $1 million. 
(By 55 yeas to 44 nays (Vote No. 529), Senate tabled the amendment.)

Pages S16003-04
  (7) Moynihan Amendment No. 3009, to strike the reduction of indirect 
medical education payments to teaching hospitals. (By 51 yeas to 48 
nays (Vote No. 530), Senate tabled the amendment.)
Page S16005
  (8) Dodd motion to commit the bill to the Committee on Finance, with 
instructions, regarding Medicaid eligibility for children and pregnant 
women. (By 50 yeas to 49 nays (Vote No. 532), Senate tabled the 
motion.)
Pages S16011-12
  (9) Feingold Amendment No. 2999, to strike provisions relating to 
milk manufacturing marketing adjustment which provides special 
treatment to California cheese processors. (By 57 yeas to 42 nays (Vote 
No. 534), Senate tabled the amendment.)
Pages S16013-14
  (10) Wellstone Amendment No. 3021, to target commodity-program 
benefits to small and moderate-sized farm operations, and to ensure 
that large farm operations contribute to deficit reduction. (By 64 yeas 
to 35 nays (Vote No. 537), Senate tabled the amendment.)

Pages S16016-17
  (11) Bradley Amendment No. 3023, to strike sections which provide for 
the discounted prepayment of construction costs currently owed by 
farmers to the Federal government for irrigation water provided under 
the Reclamation program. (By 60 yeas to 39 nays (Vote No. 538), Senate 
tabled the amendment.)
Pages S16017-19
  (12) Bumpers Amendment No. 3025, to strike the sale of 25 millions of 
barrels of Strategic Petroleum Reserve oil in order to protect the 
national energy security and to offset the revenue loss by imposing a 
2.5% net smelter return royalty on certain hardrock mines. (By 56 yeas 
to 43 nays (Vote No. 540), Senate tabled the amendment.)
Page S16021
  (13) By 49 yeas to 50 nays (Vote No. 541), Mikulski motion to 
instruct the conferees on the part 

[[Page D 1268]]
of the Senate to insist upon striking provisions contained in the House 
amendment relating to section 353 of the Public Health Service Act 
concerning clinical laboratories.
Pages S16021-22
  (14) Bumpers Amendment No. 3030, to clarify the Senate's intent that 
hardrock mining companies pay fair market value for the purchase of 
Federal lands and minerals pursuant to the 1872 Mining Law and to 
strike the ``sham'' hardrock mining industry sponsored royalty 
provisions from the bill. (By 55 yeas to 44 nays (Vote No. 545), Senate 
tabled the amendment.)
Pages S16027-28
  (15) Bradley Amendment No. 3031, to modify the estate tax reform 
proposals by striking the provisions excluding up to $3.25 million in 
business assets from the estate tax and by inserting a package of 
reforms specifically designed to ease the burden of estate taxes for 
true small businesses and family farms. (By 72 yeas to 27 nays (Vote 
No. 546), Senate tabled the amendment.)
Pages S16028-29
  (16) Dorgan/Harkin/Kennedy Amendment No. 3033, to limit the capital 
gains deduction to gain on assets held for more than 10 years and to 
impose a $250,000 lifetime exclusion limit. (By 66 yeas to 33 nays 
(Vote No. 548), Senate tabled the amendment.)
Page S16030
  (17) Simon/Stevens/Breaux Amendment No. 3035, to delay for 2 years 
the repeal of the 50-percent interest exclusion for employee stock 
ownership plans. (By 56 yeas to 42 nays (Vote No. 551), Senate tabled 
the amendment.)
Pages S16033-34
  (18) Byrd Amendment No. 2974, to strike the provisions in title XII 
reducing revenues. (By 53 yeas to 46 nays (Vote No. 552), Senate tabled 
the amendment.)
Pages S16035-36
Withdrawn:
  (1) Domenici (for Hutchison) Amendment No. 2994, to express the sense 
of the Senate on continued human rights violations in the former 
Yugoslavia.
Page S15991
  (2) Lautenberg motion to commit to the Committee on Finance, with 
instructions, relating to income tax breaks.
Pages S16003-04
  (3) Craig Amendment No. 3005 (to Lautenberg motion to commit), to 
provide a $5,000 tax credit for the adoption of a child. (The amendment 
fell when the motion to commit was withdrawn.)
Pages S16003-04
  (4) Dole Amendment No. 3006 (to Amendment No. 3005), in the nature of 
a substitute. (The amendment fell when the motion to commit was 
withdrawn.)
Pages S16003-04
  (5) Conrad motion to commit the bill to the Committee on Finance, 
with instructions, regarding modifications to certain provisions.

Page S16023
  During consideration of this bill today, the following action also 
occurred:
  By 51 yeas to 48 nays (Vote No. 519), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Kerry/Kennedy Amendment No. 
2979, to express the sense of the Senate that the Senate should debate 
and vote on whether to raise the minimum wage before the end of the 
first session of the 104th Congress. Subsequently, a point of order 
that the amendment was in violation of the Congressional Budget Act was 
sustained, and the amendment thus fell.
Pages S15979, S15981
  By 25 yeas to 73 nays, (Vote No. 521), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Wellstone Amendment No. 
2982, to eliminate the tax deduction for oil drilling, to eliminate the 
corporate minimum tax provisions, to eliminate the foreign earned 
income exclusion, and to eliminate the section 936 possession tax 
credit. Subsequently, a point of order that the amendment was in 
violation of the Congressional Budget Act was sustained, and the 
amendment thus fell.
Pages S15979, S15982-86
  By 43 yeas to 57 nays (vote No. 526), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Baucus Amendment No. 2991, 
to make various modifications to the tax provisions and transfer the 
resulting revenues to the Medicare trust funds. Subsequently, a point 
of order that the amendment was in violation of the Congressional 
Budget Act was sustained, and the amendment thus fell.

Pages S15992-97
  The Chair sustained a point of order that section 7171 (raising the 
age of Medicare eligibility) violates section 313(b)(1)(a) of the 
Congressional Budget Act.
Page S15999
  By 65 yeas to 34 nays (Vote No. 528), three-fifths of those Senators 
duly chosen and sworn having voted in the affirmative, Senate agreed to 
a motion to waive certain provisions of the Congressional Budget Act 
with respect to consideration of Cochran/Jeffords Amendment No. 3004, 
listed above.
Pages S16000-03
  By 47 yeas to 52 nays (Vote No. 531), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget 

[[Page D 1269]]
Act with respect to consideration of Lieberman motion to commit the 
bill to the Committee on Finance, with instructions, regarding 
reductions in tax cuts. Subsequently, a point of order that the motion 
was in violation of the Congressional Budget Act was sustained, and the 
motion was ruled out of order.
Pages S16007-09
  By 45 yeas to 54 nays (Vote No. 533), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Rockefeller/Feingold/
Moseley-Braun Amendment No. 3019, to provide an extension of 
eligibility for medical assistance, to provide for home and community-
based services for individuals with disabilities, and to express the 
sense of the Senate that Congress shall define a basic health benefit 
package for pregnant women, all children up to age 12 years, and 
individuals with disabilities living under the 100% of Federal poverty 
in order to ensure that these groups are entitled to a Federal 
guarantee of health care services for a meaningful set of benefits. 
Subsequently, a point of order that the amendment was in violation of 
the Congressional Budget Act was sustained, and the amendment thus 
fell.
Pages S16012-13
  By 31 yeas to 68 nays (Vote No. 535), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Harkin Amendment No. 3020, 
proposed Farm Security Act. Subsequently, a point of order that the 
amendment was in violation of the Congressional Budget Act was 
sustained, and the amendment thus fell.
Pages S16014-15
  By 17 yeas to 82 nays (Vote No. 536), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 313(b)(1)(a) of the Congressional 
Budget Act with respect to consideration of Specter Modified Amendment 
No. 2986, to express the sense of the Senate concerning a flat tax and 
reform of the current Tax Code. Subsequently, a point of order that the 
amendment was in violation of the Congressional Budget Act was 
sustained, and the amendment thus fell.
Pages S16015-16
  By 55 yeas to 44 nays (Vote No. 539), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 313(b)(1)(a) of the Congressional 
Budget Act with respect to consideration of a provision of section 
7191(a) of the bill. Subsequently, a point of order that the section 
was in violation of the Congressional Budget Act was sustained, and the 
section fell.
Pages S16020-21
  By 49 yeas to 50 nays (Vote No. 543), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Bumpers Amendment No. 3028, 
to prohibit the scoring of asset sales to ensure that taxpayers are 
adequately protected. Subsequently, a point of order that the amendment 
was in violation of the Congressional Budget Act was sustained, and the 
amendment thus fell.
Pages S16024-25
  By 47 yeas to 52 nays (Vote No. 544), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Byrd/Dorgan Amendment No. 
2942, to extend the hours of debate permitted on a reconciliation bill. 
Subsequently, a point of order that the amendment was in violation of 
the Congressional Budget Act was sustained, and the amendment thus 
fell.
Page S16026
  By 22 yeas to 77 nays (Vote No. 547), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Bradley Amendment No. 3032, 
to provide additional funds to the medicaid program by using the 
revenues resulting from the disallowance of deductions for advertising 
and promotional expenses for tobacco products. Subsequently, a point of 
order that the amendment was in violation of the Congressional Budget 
Act was sustained, and the amendment thus fell.
Pages S16029-30
  By 43 yeas to 56 nays (Vote No. 549), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive section 305(b)(2) of the Congressional 
Budget Act with respect to consideration of Feingold/Wellstone/Bumpers 
Amendment No. 3034, to eliminate the percentage depletion allowance for 
mercury, uranium, lead and asbestos. Subsequently, a point of order 
that the amendment was in violation of the Congressional Budget Act was 
sustained, and the amendment thus fell.
Pages S16030-31
  By 39 yeas to 60 nays (Vote No. 550), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Lautenberg motion to commit 
the bill to the Committee on Finance, with instructions, regarding home 
office deduction. Subsequently, a point of order that the motion was in 
violation of the Congressional Budget Act was sustained, and the motion 
was ruled out of order.
Pages S16032-33

[[Page D 1270]]

  By 29 yeas to 70 nays (Vote No. 553), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of Wellstone Amendment No. 
3036, to strike the deep water regulatory relief provision of the bill. 
Subsequently, a point of order that the amendment was in violation of 
the Congressional Budget Act was sustained, and the amendment thus 
fell.
Pages S16036-37
  By 53 yeas to 46 nays (Vote No. 555), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected a motion to waive certain provisions of the Congressional 
Budget Act with respect to consideration of certain welfare reform 
provisions of S. 1357. Subsequently, a point of order that the 
provisions were in violation of the Congressional Budget Act was 
sustained, and the provisions were ruled out of order.

Pages S16049-53
  Subsequently, S. 1357 was returned to the Senate calendar.

Page S16096
Transportation Appropriations Conference Report--Agreement--A 
unanimous-consent agreement was reached providing for the consideration 
of the conference report on H.R. 2002, making appropriations for the 
Department of Transportation and related agencies for the fiscal year 
ending September 30, 1996, on Tuesday, October 31, 1995.
  Page S16157
Nominations Confirmed: Senate confirmed the following nominations:
  John Wade Douglass, of Virginia, to be an Assistant Secretary of the 
Navy.
  10 Navy nominations in the rank of admiral.
Pages S16157-58
Nominations Received: Senate received the following nominations:
  Charles R. Stack, of Florida, to be United States Circuit Judge for 
the Eleventh Circuit.
  1 Navy nomination in the rank of admiral.
  A routine list in the Army.
Page S16158
Messages From the House:
  Page S16107
Statements on Introduced Bills:
  Pages S16108-10
Additional Cosponsors:
  Page S16110
Amendments Submitted:
  Pages S16111-56
Additional Statements:
  Pages S16156-57
Record Votes: Thirty-nine record votes were taken today. (Total--556) 
    Pages S15980-82, S15986, S15988, S15990-91, S15997, S15999, S16003-
    05, S16009, S16012-17, S16019-23, S16025-26, S16028-31, S16033-37, 
                                              S16049, S16051, S16095-96
Adjournment: Senate convened at 9:15 a.m., and adjourned on Saturday, 
October 28, 1995 at 12:29 a.m., to reconvene at 9:30 a.m., on Tuesday, 
October 31, 1995. (For Senate's program, see the remarks of the Acting 
Majority Leader in today's Record on pages S16157-58.)