[Congressional Record Volume 142, Number 38 (Tuesday, March 19, 1996)]
[Senate]
[Pages S2261-S2263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BALANCED BUDGET DOWNPAYMENT ACT, II
The ACTING PRESIDENT pro tempore. Under the previous order, the Chair
lays before the Senate H.R. 3019, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (H.R. 3019) making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes.
The Senate resumed the consideration of the bill.
Pending:
Hatfield modified amendment No. 3466, in the nature of a
substitute.
Lautenberg amendment No. 3482 (to amendment No. 3466), to
provide funding for programs necessary to maintain essential
environmental protection.
Boxer-Murray amendment No. 3508 (to amendment No. 3466), to
permit the District of Columbia to use local funds for
certain activities.
Gorton amendment No. 3496 (to amendment No. 3466), to
designate the ``Jonathan
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M. Wainwright Memorial VA Medical Center'', located in Walla
Walla, Washington.
Simon amendment No. 3511 (to amendment No. 3466), to
provide funding to carry out title VI of the National
Literary Act of 1991, title VI of the Library Services and
Construction Act, and section 109 of the Domestic Volunteer
Service Act of 1973.
Coats amendment No. 3513 (to amendment No. 3466), to amend
the Public Health Service Act to prohibit governmental
discrimination in the training and licensing of health
professionals on the basis of the refusal to undergo or
provide training in the performance of induced abortions.
Bond (for Pressler) amendment No. 3514 (to amendment No.
3466), to provide funding for a Radar Satellite project at
NASA.
Bond amendment No. 3515 (to amendment No. 3466), to clarify
rent setting requirements of law regarding housing assisted
under section 236 of the National Housing Act to limit rents
charged moderate income families to that charged for
comparable, non-assisted housing, and clarify permissible
uses of rental income is such projects, in excess of
operating costs and debt service.
Bond amendment No. 3516 (to amendment No. 3466), to
increase in amount available under the HUD Drug Elimination
Grant Program for drug elimination activities in and around
federally-assisted low-income housing developments by $30
million, to be derived from carry-over HOPE program balances.
Bond amendment No. 3517 (to amendment No. 3466), to
establish a special fund dedicated to enable the Department
of Housing and Urban Development to meet crucial milestones
in restructuring its administrative organization and more
effectively address housing and community development needs
of States and local units of government and to clarify and
reaffirm provisions of current law with respect to the
disbursement of HOME and CDBG funds allocated to the State of
New York.
Santorum amendment No. 3484 (to amendment No. 3466),
expressing the Sense of the Senate regarding the budget
treatment of federal disaster assistance.
Santorum amendment No. 3485 (to amendment No. 3466),
expressing the Sense of the Senate regarding the budget
treatment of Federal disaster assistance.
Santorum amendment No. 3486 (to amendment No. 3466), to
require that disaster relief provided under this Act be
funded through amounts previously made available to the
Federal Emergency Management Agency, to be reimbursed through
regular annual appropriations Acts.
Santorum amendment No. 3487 (to amendment No. 3466), to
reduce all title I discretionary spending by the appropriate
percentage (.367%) to offset Federal disaster assistance.
Santorum amendment No. 3488 (to amendment No. 3466), to
reduce all title I ``Salary and Expense'' and
``Administrative Expense'' accounts by the appropriate
percentage (3.5%) to offset Federal disaster assistance.
Gramm amendment No. 3519 (to amendment No. 3466), to make
the availability of obligations and expenditures contingent
upon the enactment of a subsequent act incorporating an
agreement between the President and Congress relative to
Federal expenditures.
Wellstone amendment No. 3520 (to amendment No. 3466), to
urge the President to release already-appropriated fiscal
year 1996 emergency funding for home heating and other energy
assistance, and to express the sense of the Senate on
advance-appropriated funding for fiscal year 1997.
Bond (for McCain) amendment No. 3521 (to amendment No.
3466), to require that disaster funds made available to
certain agencies be allocated in accordance with the
established prioritization processes of the agencies.
Bond (for McCain) amendment No. 3522 (to amendment No.
3466), to require the Secretary of Veterans Affairs to
develop a plan for the allocation of health care resources of
the Department of Veterans Affairs.
Warner amendment No. 3523 (to amendment No. 3466), to
prohibit the District of Columbia from enforcing any rule or
ordinance that would terminate taxicab service reciprocity
agreements with the States of Virginia and Maryland.
Murkowski-Stevens amendment No. 3524 (to amendment No.
3466), to reconcile seafood inspection requirements for
agricultural commodity programs with those in use for general
public consumers.
Murkowski amendment No. 3525 (to amendment No. 3466), to
provide for the approval of an exchange of lands within
Admiralty Island National Monument.
Warner (for Thurmond) amendment No. 3526 (to amendment No.
3466), to delay the exercise of authority to enter into
multiyear procurement contracts for C-17 aircraft.
Burns amendment No. 3528 (to amendment No. 3466), to allow
the refurbishment and continued operation of a small
hydroelectric facility in central Montana by adjusting the
amount of charges to be paid to the United States under the
Federal Power Act.
Coats (for Dole-Lieberman) amendment No. 3531 (to amendment
No. 3466), to provide for low-income scholarships in the
District of Columbia.
Bond-Mikulski amendment No. 3533 (to amendment No. 3482),
to increase appropriations for EPA water infrastructure
financing, Superfund toxic waste site cleanups, operating
programs, and to increase funding for the Corporation for
National and Community Service (AmeriCorps).
Hatfield (for Burns) amendment No. 3551 (to amendment No.
3466), to divide the ninth judicial circuit of the United
States into two circuits.
Burns amendment No. 3552 (to amendment No. 3551), to
establish a Commission on restructuring the circuits of the
United States Courts of Appeals.
Amendment No. 3513
The ACTING PRESIDENT pro tempore. Under the time agreement on these
amendments, there is 1 hour now allocated to the Senator from Indiana
[Mr. Coats]. The amendment is now before the Senate.
Mr. COATS. Mr. President, thank you.
Last week, as we were looking at potential amendments for this
legislation, the issue of the potential discrimination that might exist
regarding payments from the Federal Government to medical hospitals and
to individual residents in training, loans, and other Federal
assistance that is available for these individuals and these
institutions, was threatened by potential loss of accreditation to
these institutions as a result of the Accrediting Council on Graduate
Medical Education's change in their requirements for accreditation to
mandate the training in abortion techniques.
Previously, this had been done on a voluntary basis. Many hospitals,
for a number of reasons, whether they are religious reasons, moral
reasons or just purely decisions on the basis of the board of directors
or governors of these institutions, determined that they would not have
a mandatory program of abortion training. Voluntary programs existed.
Those who sought that training had access and could receive that
training, but it was not mandated.
The change in regulations on the part of the Accrediting Council on
Graduate Medical Education threatened to withdraw accreditation from
many of these institutions unless they opted out under a so-called
conscience or moral clause. It was my feeling and the feeling of many
that this opt-out clause was not sufficient to address the concerns of
a number of institutions, particularly nonreligious-based institutions.
So I offered an amendment last week which was designed to clarify this.
That amendment essentially said that any State or local government
that receives financial assistance should not subject any health care
entity to discrimination on the basis that the entity refused to
undergo training in the performance of induced abortions or to require
or provide such training to perform such abortions or provide referrals
for the training for such abortions.
We, in discussion with a number of other Senators, came across a
possible misinterpretation of the exceptions to the section that
basically said that nothing in this amendment that I am offering should
in any way restrict or impede the accrediting council from making that
accreditation. The concern was, if I state it correctly, that we would
lose a valuable means of examining the various programs that existed in
hospitals and resident training programs for determination of whether
or not the Government should participate. It is legitimate that we have
an accrediting process on which we can rely. What I was trying to do
with my amendment was simply address the question of training for
induced abortions.
We had exceptions to that which basically stated that nothing in this
act should prohibit the accrediting agency or a Federal, State, or
local government from establishing standards of medical competency
applicable to those individuals who voluntarily elected to perform
abortions or prevent any health care entity from voluntarily electing
to be trained or arrange for training in the performance of or
referrals for induced abortions.
We have had numerous discussions with the Senator from Maine relative
to this language. Some negotiations over the weekend have resolved
this. It preserves the entire impact of the Coats amendment and yet
addresses and clarifies the concerns of the Senator from Maine. So I am
pleased to announce this morning that we have reached agreement on this
amendment. The amendment will be cosponsored by the Senator from Maine.
We resolved the language differences. It also addresses an issue of
second-degree, which would have prolonged the debate
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on this important broader bill, and so I am happy to report to my
colleagues that we will be able to free up some time on that basis for
discussion of the amendment that is offered by the Senator from
California, Senator Boxer.
The Senator from Maine is present this morning, and I know she has
some comments to make in this regard. Let me say this. The Senator from
Tennessee, Senator Frist, has been instrumental in helping us first
understand the accrediting process and the importance of the
accrediting process. As a medical doctor, he has some knowledge and
personal experience with this issue and these questions that I cannot
begin to bring to the debate. He and his staff have been immensely
helpful in helping us to draft this legislation so we can accomplish
what we intended to accomplish, but also retain the integrity of the
accrediting process.
I am very happy to yield to him. I will yield whatever time the
Senator from Tennessee desires in order to speak to this amendment.
The ACTING PRESIDENT pro tempore. The chair did not hear the Senator
seek to modify his amendment.
Mr. COATS. Mr. President, this is an appropriate time to ask
unanimous-consent to modify my amendment. I send that modification to
the desk.
Mrs. BOXER. I object.
The ACTING PRESIDENT pro tempore. There are no yeas and nays ordered,
so the Chair is corrected. Since there is a time agreement, it takes
unanimous consent.
Mrs. BOXER. I object at this time.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. COATS. Mr. President, I will discuss this modification with the
Senator from California and, hopefully, we can resolve the question
here. At the present time, I want to yield time to the Senator from
Tennessee.
I will withhold the unanimous-consent request at this time so I can
discuss it with the Senator from California.
I yield whatever time the Senator from Tennessee needs.
The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
Mr. FRIST. Mr. President, I commend the Senator from Indiana for his
thoughtful approach to this important issue. My colleague has proposed
an amendment that will protect medical residents, individual
physicians, and medical training programs from abortion-related
discrimination in the training and licensing of physicians. However, in
our efforts to safeguard freedom of conscience, there are limits to
what Congress should impose on private medical accrediting bodies. I
believe this amendment stays within the confines of the governmental
role and addresses the matter of discrimination in a way that is
acceptable to all parties.
This amendment states that the Federal Government, and any State that
receives Federal health financial assistance, may not discriminate
against any medical resident, physician, or medical training program
that refuses to perform or undergo training and induced abortions, or
to provide training or referrals for training in induced abortions.
Discrimination is defined to include withholding legal status or
failing to provide financial assistance, a service, or another benefit
simply because an unwilling health entity is required by certain
accreditation standards to engage in training in or the performance of
induced abortions.
The primary concern that occurs when one addresses any accreditation
issue is that quality of care will be sacrificed. As a physician, the
care of patients is my highest priority, and this amendment
specifically addresses this issue. It makes it clear that health
entities would still have to go through the accreditation process, and
that their policy with regard to providing or training in induced
abortion would not affect their Government-provided financial
assistance, benefits, services, or legal status.
The Government would work with the accrediting agency to deem schools
accredited that--and I quote from the amendment--``would have been
accredited but for the Agency's reliance upon a standard that requires
an entity to perform an induced abortion, or require, provide, or refer
for training in the performance of induced abortions or make
arrangements for such training.''
Mr. President, this amendment arose out of a controversy over
accrediting standards for obstetrical and gynecological programs. The
Accreditation Council for Graduate Medical Education, the ACGME, is a
private body that establishes and enforces standards for the medical
community. As a physician, I deeply respect and appreciate the ACGME,
and I understand the fundamental need for quality medical standards and
oversight.
Moreover, I feel strongly that the Federal Government should not
dictate to the private sector how to run their programs. We must not
usurp the private accreditation process. But, at the same time,
Congress is responsible for the Federal funding that is tied to
accreditation by the ACGME, and as public servants, we must ensure that
there is no hint of discrimination associated with the use of public
funds.
I am pleased, Mr. President, that we could work together to address
the legitimate concerns of both sides in crafting this amendment. I
join with the Senator from Indiana and the Senator from Maine in
supporting this amendment, which will prevent discrimination with
respect to abortion, but preserve the integrity of the accreditation
process.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Thomas). Who yields time?
Mr. FRIST. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. COATS. 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. COATS. Mr. President, I ask unanimous consent that the time that
is now running during any quorum call be equally divided between both
sides.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. COATS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CAMPBELL. 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. CAMPBELL. Mr. President, I ask unanimous consent that I be
allowed to speak as in morning business for a period of 4 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
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