[Congressional Record Volume 144, Number 54 (Tuesday, May 5, 1998)]
[Senate]
[Pages S4351-S4353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTERNAL REVENUE SERVICE RESTRUCTURING AND REFORM ACT OF 1998

  The Senate continued with the consideration of the bill.
  Mr. LOTT. Mr. President, Senator Daschle and I have been working 
throughout the day to get an agreement that will allow us to come to a 
fair and reasonable conclusion to the IRS restructuring and reform 
bill. We have been able to work out, I think, a fair agreement, and I 
would like to propound that.
  I ask unanimous consent that with respect to H.R. 2676 all amendments 
be relevant to the bill except amendments to title VI must be both 
relevant and cleared by both the managers and leaders, one amendment 
offered by the chairman that pays for the cost of the legislation, with 
no second-degree amendments in order, one amendment offered by Senator 
Kerrey that also pays for the legislation, with no second-degree 
amendments, and it not be in order prior to the conclusion of debate on 
the chairman's ``pay for'' amendment.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. D'AMATO addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. D'AMATO. Mr. President, I do not object, but I rise to make a 
point that I would hope it would be appropriate at this time to reserve 
the right, but I do not intend to object.
  I understand that oftentimes my colleagues work long and hard to 
craft legislation that they believe is in the best interests of their 
constituents and the people of this country, and that we do not always 
have the freedom and luxury for whatever the reason to offer such 
legislation. Indeed, I have been working with a number of my 
colleagues, Senator Feinstein and others, on a piece of legislation 
that I think is absolutely essential and should not be delayed; that 
every day it is delayed causes anguish for women throughout this 
country, for families without this country when they are denied basic 
treatment in terms of their medical needs. And I am talking about those 
who face cancer, breast cancer in particular, who are forced to leave a 
hospital because their insurance policy limits the length of stay and/
or they are denied basic treatment, reconstructive surgery. And, 
indeed, just within the past 6 weeks we have had two cases that have 
come to my attention personally in my State, but it is happening 
throughout this country, where medical plans deny them these basic 
rights, the right to reconstructive surgery after a radical mastectomy.
  I have taken the time and impinged upon and imposed upon the time of 
the two leaders here because I feel strongly

[[Page S4352]]

about this, because this is taking place. I believe it is an 
unwarranted and unintended consequence that brought this upon us, by 
passage of the ERISA law, which keeps States from putting on these 
reasonable conditions. It says, basically, a woman should be entitled 
to this kind of coverage. Unfortunately, there are some who say we 
should not have mandates. It is unfortunate that we might have to, and 
do have to, mandate in this case because there are millions and 
millions of American women who do not have this basic protection and 
right.
  I am fully intending to, and I said to my colleagues on the Finance 
Committee that I would, offer this legislative proposal that would see 
to it that this grievous situation is rectified. I intended to do it 
here on the IRS reform bill, because this is a bill that will pass. 
This is a bill that is necessary. This is a bill that my colleagues, 
Democrats and Republicans, have worked on long and hard. And it will be 
signed into law.
  I also know that if we ever get an opportunity to bring the Women's 
Health and Cancer Rights Act to this floor it will pass overwhelmingly.
  For a number of reasons we have not been able to do that. The two 
leaders have indicated to me, and have asked me to withhold, because 
there are other laudable, and I am sure very worthy, amendments that my 
colleagues have agreed not to put forth. They have assured me they will 
seek to give us an opportunity--Senator Feinstein and myself and the 
other 20 cosponsors--to bring up this amendment. It is not a costly 
amendment but will save lives. It will save families. It will ensure 
that women get the proper kind of care they can and should be getting. 
It is unfortunate that we need this kind of legislation. They will 
attempt to give us an opportunity of some 2 hours this Tuesday to bring 
forth this legislation.
  On that basis, I will not object. But I have to tell my colleagues, 
it is a year and a half now. There is a lot of pain. A lot of people 
have been denied that which they should have had. A lot of people have 
been forced to go to appeals, to appeal through the boards that 
administer many of these programs, their self-insured programs, to get 
this basic right. I don't think that we want to, nor should we, 
continue this nor countenance this any longer.
  On the assurance that we are going to attempt and really make a good-
faith effort to bring this to the floor Tuesday, I will withdraw any 
objection and go along. I thank my colleagues for recognizing the 
plight of families in America in attempting to work with us in a way 
that collectively we can solve that problem.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. Is there objection? Hearing none, it is so 
ordered.
  Mr. LOTT. Having reached this agreement, there will be no further 
votes this evening.
  After Senator Daschle makes his comments, I do want to respond and 
comment on the fact that, frankly, Senators on both sides of the aisle 
have had to hold back and be cooperative. This was not easy to reach. 
But this is a very important piece of legislation that has been crafted 
in a bipartisan way. If we didn't get this agreement, we could have 
been working on it for days and weeks and it would have wound up 
pushing everything down the line, many bills that we do want to  do and 
can do.

  So I appreciate the cooperation and I appreciate that Senator Daschle 
has had to work very hard. I could start naming Senators on this side 
and he can start naming Senators on that side who had good and valid 
amendments. But I think we did the right thing. After the Senator 
comments, I would like to respond further to Senator D'Amato's 
generosity and very responsible action and talk about what we are going 
to try to do to be helpful.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. DASCHLE. Mr. President, the majority leader has spoken well about 
the difficulty of this agreement. This was, I told him, one of the more 
difficult, if not the most difficult we have had in some time. I could 
name 30 Senators on this side of the aisle who have very important 
amendments, who are very concerned about the lack of an opportunity to 
offer these amendments on this bill or on other bills. So I, first, 
thank them for their cooperation and for their support in allowing us 
to move forward, as we are tonight. I believe there must come a time 
when this pent-up demand to offer some of this legislation has to be 
addressed. I will be speaking with the majority leader about that as we 
go through the schedule for the next couple of weeks.
  I might say, a major factor--and I have indicated this to the 
majority leader--in our ability to reach this agreement was his 
assurance that we were also going to take up, in a timely way, some 
other very critical pieces of legislation this agreement allows us to 
take up. First and foremost is a crop insurance and research bill that 
I have assured my colleagues will be taken up, if at all possible, this 
week. We don't know how long the amendment process will take. But the 
majority leader has assured me it is the next bill. So I thank him for 
that and, as I have indicated to him privately and I will say again 
publicly, that was a major consideration. Another was our strong desire 
to get on with the consideration of the tobacco bill. The majority 
leader has assured me that we will do that as well.
  So we have an array of matters that must be addressed. It was in 
keeping with our understanding of the workload this month that a lot of 
our Democratic colleagues were willing to concede the recognition of 
the importance of this particular agreement.
  Let me address what I hope is not a misunderstanding. I don't know of 
any particular agreement with regard to the bill referred to by the 
distinguished Senator from New York, except to say that I am very 
sympathetic with what he is attempting to do. Many of our colleagues on 
this side of the aisle will wish to be heard on that bill and will wish 
to offer amendments. So I will work with the majority leader to 
schedule some time for us to consider this bill, and we will do our 
best to accommodate all Senators as they are called upon to debate and 
offer their amendments. But we will negotiate in good faith and attempt 
to come up with the best agreement we can.
  Mr. KERREY. Will the Democratic leader yield?
  Mr. DASCHLE. I am happy to yield.
  Mr. KERREY. Just to inform both the Democratic leader and the 
majority leader, it would be Senator Roth's intention and my intention 
at 9:30 to take up both of the funding amendments and to have two back-
to-back rollcall votes at 10:30, or close to that, unless we yield time 
back, so you and other colleagues can plan.
  Mr. DASCHLE. I only have two final points, Mr. President. The first 
is that this is the 6-month anniversary of the passage of this 
legislation in the House of Representatives. We cannot afford to wait 
any longer. We must pass this bill. The urgency is recognized by this 
agreement. I appreciate that very much.
  The final point is that there are a number of Senators who, in good 
faith, will be offering amendments they truly believe are relevant. I 
don't know how one defines the relevance of amendments, but I hope we 
can work with our Parliamentarian and with the Presiding Officers to 
accommodate our colleagues, as relevance is contemplated and defined. 
This is a very important matter for a lot of Senators. This is a rare 
vehicle that they will have to offer legislation. I am hopeful we can 
accommodate as many Senators as possible with relevant amendments.
  Again, I thank all cooperating Senators and appreciate, once more, 
the chance to resolve this matter with the majority leader.
  I yield the floor.
  Mr. LOTT. Mr. President, I would like to say, before Senator Kerrey 
leaves the floor, that the time that he outlined so both Senators could 
explain what is in the amendments that would pay for the costs of these 
corrections at IRS sounds fine. If we could have votes by 10:30 in the 
morning, I don't see any problem with that, two back to back at 10:30.
  Let me say to Senator D'Amato, once again, I appreciate his 
cooperation here, and it is not the first time he has cooperated this 
year on a lot of issues. But on this issue in particular, I know how 
strongly he feels about it and I am absolutely satisfied that he is 
going to

[[Page S4353]]

get a vote on this issue, and he should get a vote on this issue, and I 
am going to work with him to make that happen in a reasonable way.
  I will work with you to try to see if we can get an agreement to 
bring this up next week. It is going to take work on your part and on 
my part. Senator Daschle has a number of Senators who have views, or 
amendments even, on this. That is a problem, because it could very 
easily get totally out of control and have the whole world caving in on 
it. But we will work on that.
  If, for some reason, that does not work out, every bill that comes 
along will be a prospect for an amendment, for the Senator's amendment.
  Mr. D'AMATO. If the majority leader might yield at this point just 
for an observation? I want my colleagues to understand that we are 
going to vote on this one way or the other. I am committed to it. I 
have, on a number of occasions now, so as to provide the opportunity 
for this body to do its business--no one Senator, including this 
Senator, should put himself or herself above the interests of the body. 
I have attempted to respect that. I mean that. I have not attempted to 
delay.
  Mr. LOTT. Let me say, you certainly have. You have been very 
responsible and you have been very cooperative, but you also made very 
clear your determination on this amendment. I understand that, and I am 
going to try to help you find a way to get it done.
  Mr. D'AMATO. Good, because I will wait for something all my 
colleagues want, and we may be here a long time. I don't think that is 
going to serve anybody's interest. I would like everyone to join in. If 
they can make this bill a better bill truly in that spirit, then let's 
do it. If it is just to weight it down and sink it, that is not 
something I am going to take as being responsible, and we will talk to 
that.
  Everybody has a right to do what they want out here in the open. 
People can judge whether they are being responsible or not. I hope in 
that spirit, because we have done a lot of good things together, I 
remind my colleagues on both sides, it is in that spirit I would like 
to approach it. I thank the majority leader for understanding and the 
minority leader. I look forward to working with them both.
  Mr. LOTT. Thank you very much. I yield the floor, Mr. President.
  Mr. GRASSLEY. 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. GRASSLEY. 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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