[Congressional Record Volume 145, Number 14 (Tuesday, January 26, 1999)]
[Senate]
[Pages S1011-S1014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself and Mr. Smith of Oregon):
  S. 307. A bill to amend title XVIII of the Social Security Act to 
eliminate the budget neutrality adjustment factor used in calculating 
the blended capitation rate for Medicare+Choice organizations; to the 
Committee on Finance.


               medicare+choice payment equity act of 1999

 Mr. WYDEN. Mr. President, my colleague from Oregon Senator 
Gordon Smith, and I are introducing this legislation today to correct 
an inequity in the payment formula for Medicare+Choice plans. In states 
like Oregon, with historically low cost health care systems, these 
inequities leave many Medicare beneficiaries with few or no choices in 
their health care services.
  The Balanced Budget Act of 1997 contained a promise to provide 
seniors with more choices, but that promise has gone unfulfilled 
because of these inequities.
  The legislation that Senator Smith and I are introducing today will 
fulfill that promise by fully funding what is known as the ``blend'' 
portion of the formula used to determine payment rates. The legislation 
brings parity to areas that have been historically efficient in 
delivering health care services. Under the current system, the Medicare 
payment formula has not rewarded these areas for their efficiency and 
low costs. As a result, beneficiaries in these areas have not received 
the range of benefits available in areas with less efficient and more 
costly health care systems.
  This legislation also assures beneficiaries will no longer be 
penalized because they live in a rural or low-cost area. We must assure 
that seniors living in Oregon and other low cost areas receive the full 
promise of Medicare+Choice.
  With managed care playing a larger role in Medicare, this bill is 
needed now more than ever. Nearly 100 plans elected to drop out of the 
Medicare program for 1999. Many of those plans served seniors in low 
cost and rural areas, leaving too many beneficiaries not only without 
choice but also out in the cold. Other managed care plans made benefit 
changes that limit the promise we all had hoped would occur through 
Medicare+Choice.
  We need to make sure that all seniors are included in the 
Medicare+Choice promise and that managed care plans in Oregon, Iowa and 
other low-cost areas are no longer penalized because of their historic 
efficiency. Senator Smith and I urge our colleagues to support this 
bill.
  I would like to thank Senator Smith and his staff for their 
assistance, and ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 307

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Medicare+Choice Payment 
     Equity Act of 1999''.

     SEC. 2. ELIMINATION OF BUDGET NEUTRALITY ADJUSTMENT FACTOR IN 
                   CALCULATING THE BLENDED CAPITATION RATE FOR 
                   MEDICARE+CHOICE ORGANIZATIONS.

       (a) In General.--Section 1853(c) of the Social Security Act 
     (42 U.S.C. 1395w-23(c)) is amended--
       (1) in paragraph (1)(A), by striking the comma at the end 
     of clause (ii) and all that follows before the period at the 
     end; and
       (2) by striking paragraph (5) and redesignating paragraphs 
     (6) and (7) as paragraphs (5) and (6) respectively.
       (b) Conforming Amendments.--Part C of title XVIII of the 
     Social Security Act (42 U.S.C. 1395w-21 et seq.) is amended--
       (1) in section 1853(c)--
       (A) in the matter preceding subparagraph (A) of paragraph 
     (1), by striking ``(6)(C) and (7)'' and inserting ``(5)(C) 
     and (6)''; and
       (B) in paragraphs (1)(B)(ii) and (3)(A)(i), by striking 
     ``(6)(A)'' and inserting ``(5)(A)''; and
       (2) in subsections (b)(3)(B)(ii) and (c)(3) of section 
     1859, by striking ``1853(c)(6)'' and inserting 
     ``1853(c)(5)''.
       (c) Submission to Congress.--Not later than 20 days after 
     the date of enactment of this Act, the Secretary of Health 
     and Human Services shall submit to Congress a legislative 
     proposal that provides for aggregate decreases in Federal 
     expenditures under the medicare program under title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.) as are equal 
     to the aggregate increases in such expenditures under such 
     program resulting from the amendments to the Social Security 
     Act made by subsections (a) and (b).
       (d) Effective Date.--The amendments made by this section 
     shall apply to payments made for periods beginning on or 
     after January 1, 2000.
                                 ______
                                 
      By Mr. COVERDELL (for himself, Mr. Levin, Mr. McCain, Mr. 
        Torricelli, Mrs. Hutchison, and Mr. Cleland):
  S. 308. A bill to amend the Internal Revenue Code of 1986 to provide 
a 2-month extension for the due date for filing a tax return for any 
member of a uniformed service on a tour of duty outside the United 
States for a period which includes the normal due date for such a 
filing; to the Committee on Finance.


               the uniformed services filing fairness act

 Mr. COVERDELL. Mr. President, American soldiers in the modern 
military operate under a great deal of strain. Forced to work harder 
with fewer resources, our men and women in uniform bear a heavy burden 
defending our nation. This is especially true for those deployed 
overseas. Not only must these troops defend American interests, but 
they also live under constant threat of attack and must spend months 
away from their homes and their families.
  In addition to their duty to protect our nation's security, American 
service men and women still must fulfill obligations back home, 
including paying their taxes. However, in an incredible cart-before-
the-horse scheme that could only be found in our nation's tax code, the 
federal government extends for our troops abroad the deadline for 
filing income tax forms by 2 months, but requires that service men and 
women still pay interest and penalties during the extension period. Mr. 
President, this is unconscionable.
  The Uniformed Services Filing Fairness Act, which I introduce today 
with Senators Levin, McCain, Torricelli, Hutchison, and Cleland is 
simple. It codifies the current two-month extension period available to 
our troops and eliminates the interest and penalties that would 
otherwise be charged. The Joint Committee on Taxation has estimated the 
cost of this commonsense correction at just $4 million over 10 years. 
Mr. President, how can we not afford to pass this bill?
  We must show our nation's soldiers that we support them through 
concrete action. The bill I introduce today will help make the lives of 
soldiers deployed overseas a little easier. I hope my colleagues will 
join me in this simple, inexpensive correction of an unfair tax 
law.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Thurmond):
  S. 309. A bill to amend the Internal Revenue Code of 1986 to provide 
that a member of the uniformed services shall be treated as using a 
principal residence while away from home or qualified official extended 
duty in determining the exclusion of gain from the sale of such 
residence; to the Committee on Finance.


             the uniformed services home sales act of 1999

 Mr. McCAIN. Mr. President, I, along with Senator Thurmond, and 
others are proud to sponsor this bill to allow members of the Uniformed 
Services, who are away on extended active duty, to qualify for the same 
tax relief on the profit generated when they sell their main residence 
as other Americans.

[[Page S1012]]

  This bill will not create a new tax benefit; it merely modifies 
current law to include the time members of the Uniformed Services are 
away from home on active duty when calculating the number of years the 
homeowners has lived in their primary residence. In short, this bill is 
narrowly tailored to remedy a specific dilemma.
  The Taxpayer Relief Act of 1997 delivered sweeping tax relief to 
millions of Americans through a wide variety of important tax changes 
that affect individuals, families, investors and businesses. It was 
also one of the most complex tax laws enacted in recent history.
  Mr. President, as with any complex legislation, there are winners and 
losers. But in this instance, there are unintended losers: members of 
the Uniformed Services.
  The 1997 act gives taxpayers who sell their principal residence a 
much-needed tax break. Prior to the 1997 act, taxpayers received a one-
time exclusion on the profit they made when they sold their principal 
residence, but the taxpayer had to be at least 55 years old and live in 
the residence for 2 of the 5 years preceding the sale. This provision 
primarily benefitted elderly taxpayers, while not providing any relief 
to younger taxpayers and their families.
  Fortunately, the 1997 act addressed this issue. Under this law, 
taxpayers who sell their principal residence on or after May 7, 1997, 
are not taxed on the first $250,000 of profit from the sale, joint 
filers are not taxed on the first $500,000 of profit they make from 
selling their principal residence. The taxpayer must meet two 
requirements to qualify for this tax relief. The taxpayer must (1) own 
the home for at least 2 of the 5 years preceding the sale, and (2) live 
in the home as their main home for at least 2 years of the last 5 
years.
  Mr. President, I applaud the bipartisan cooperation that resulted in 
this much-needed form of tax relief. The home sales provision sounds 
great, and it is. Unfortunately, the second part of this eligibility 
test unintentionally and unfairly prohibits many of our women and men 
in the armed forces from qualifying for this beneficial tax relief.
  Constant travel across the United States and abroad is inherent in 
the Uniformed Services. Nonetheless, some members of the Uniformed 
Services choose to purchase a home in a certain locale, even though 
they will not live there much of the time. Under the new law, if a 
serviceman does not have a spouse who resides in the house during his 
absence or the spouse is also in the military and also must travel, 
that service member will not qualify for the full benefit of the new 
home sales provision, because no one ``lives'' in the home for the 
required period of time. The law is prejudiced against dual-military 
couples who are often away on active duty. They would not qualify for 
the home sales exclusion because neither spouse ``live'' in the house 
for enough time to qualify for the exclusion.
  This bill simply remedies an inequality in the 1997 law. The bill 
amends the Internal Revenue Code so that members of the Uniformed 
Services will be considered to be using their house as their main 
residence for any period that they are away on extended active duty. In 
short, members of the Uniformed Service will be deemed to be using 
their house as their main home, even if they are stationed in Bosnia, 
the Persian Gulf, in the ``no man's land,'' commonly called the DMZ 
between North and South Korea, or anywhere else on active duty orders.
  In 1998 alone, the United States had approximately 37,000 men and 
women deployed to the Persian Gulf region, preparing to go into combat, 
if so ordered. There were also 8,000 American troops deployed in 
Bosnia, and another 70,000 U.S. military personnel deployed in support 
of other commitments worldwide. That is a total of 108,000 women and 
men deployed outside of the United States, away from their primary 
home, protecting and furthering the freedoms we Americans hold so dear.
  We are in a period of robust growth. Many Americans are reaping the 
benefits of our country's growth by investing in the stock market. Many 
of our nation's recent millionaires became millionaires through the 
stock market. However, many middle- and lower-income Americans do not 
hold vast amounts of stocks, bonds, mutual funds, and the like. 
Therefore, how does the average American participate in our nation's 
robust growth? Through home ownership.
  Appreciation in the value of a home because of our country's overall 
economic growth allows everyday Americans to participate in our 
country's prosperity. Fortunately, the Taxpayer Relief Act of 1997 
recognized this and provided this break to lessen the amount of tax 
most Americans will pay on the profit they make when they sell their 
homes.
  The 1997 home sale provision unintentionally discourages home 
ownership among members of the Uniformed Services, which is bad fiscal 
policy. Home ownership has numerous benefits for communities and 
individual homeowners. Having a fixed home provides Americans with a 
sense of community and adds stability to our nation's neighborhoods. 
Home ownership also generates valuable property taxes for our nation's 
communities.
  We also cannot afford to discourage military service by penalizing 
military personnel with higher taxes merely because they are doing 
their job. Military service entails sacrifice, such as long periods of 
time away from friends and family and the constant threat of 
mobilization into hostile territory. We must not use the tax code to 
heap additional burdens upon our women and men in uniform.
  In my view, the way to decrease the likelihood of further 
inequalities in the tax code, intentional or otherwise, is to adopt a 
fairer, flatter tax system that is far less complicated than our 
current system. But, in the meantime, we must insure that the Tax Code 
is as fair and equitable as possible.
  The Taxpayers' Relief Act of 1997 was designed to provide sweeping 
tax relief to all Americans, including our women and men in uniform. 
Yes, it is true that there are winners and losers in any tax code, but, 
this inequity was unintended, Enacting this narrowly tailored remedy to 
grant equal tax relief to the members of our Uniformed Services 
restores fairness and consistency to our increasingly complex Tax 
Code.
                                 ______
                                 
      By Mr. COVERDELL (for himself and Mr. Cleland):
  S. 310. A bill to provide for a Dekalb-Peachtree Airport Buyout 
initiative; to the Committee on Commerce, Science, and Transportation.


             DEKALB-PEACHTREE AIRPORT BUYOUT COMPLETION ACT

 Mr. COVERDELL. Mr. President, I rise today to introduce 
legislation--the Dekalb-Peachtree Airport Buyout Completion Act--which 
accelerates the long-awaited buy-out of homes and businesses around 
Georgia's second busiest airport. Specifically, this legislation grants 
a priority airport designation for the Dekalb-Peachtree Airport and 
authorizes the FAA to make available $35 million for the buyout 
initiative.
  This is a very import project to the citizens of Dekalb County, 
Georgia. In the 1990s, the Federal Aviation Administration proposed to 
buy the businesses and residential properties located in the Dekalb-
Peachtree Airport's Runway Protection Zone. This was the result of FAA 
studies that found increased operations at the airport too noisy and 
too unsafe for residents and businesses in the northern vicinity. While 
the citizens of Georgia and myself are grateful that the FAA has 
assisted in purchasing some of the properties, this financial 
assistance has been extremely slow. The FAA's failure to provide the 
remaining federal financial assistance in a timely manner has caused 
local residents and businesses to remain in limbo and very upset. 
Businesses cannot expand and poorer residents cannot afford to move out 
until the buyout is complete. Those residents who have moved out are 
leasing their homes to lower-income individuals and families. These 
circumstances have also caused the crime rate in the area to 
substantially go up.
  My proposed legislation would help alleviate this problem by 
authorizing the federal funds necessary to complete the buyout of the 
remaining residential and business properties. I look forward to 
working with my colleagues in the Senate on this important proposal and 
urge its speedy consideration.
                                 ______
                                 
      By Mr. McCain (for himself, Mr. Coverdell, Mr. Cleland, and Mr. 
        Kerrey):

[[Page S1013]]

  S. 311. A bill to authorize the Disabled Veterans' LIFE Memorial 
Foundation to establish a memorial in the District of Columbia or its 
environs, and for other purposes; to the Committee on Energy and 
Natural Resources.


                 DISABLED VETERANS MEMORIAL LEGISLATION

 Mr. McCAIN. Mr. President, I rise to offer legislation to 
authorize the Disabled Veterans' LIFE Memorial Foundation to establish 
a memorial on Federal land in the District of Columbia to honor all 
disabled American veterans. This legislation is not controversial, 
costs nothing, and deserves prompt consideration and passage during the 
first session of the 106th Congress.
  As a nation, we owe a debt of gratitude to all Americans who have 
worn their country's uniform in the defense of her core ideals and 
interests. We honor their service with holidays, like Veterans Day and 
Memorial Day, and with memorials, including the Vietnam Wall and the 
Iwo Jima Memorial. But nowhere in Washington can be found a material 
tribute to those veterans whose physical or psychological well-being 
was forever lost to a sniper's bullet, a landmine, a mortar round, or 
the pure terror of modern warfare.
  To these individuals, we owe a measure of devotion beyond that 
accorded those who served honorably but without permanent damage to 
limb or spirit. For these individuals, a memorial in Washington, D.C. 
would stand as testament to the sum of their sacrifices, and as proof 
that the country they served values their contribution to its cause.
  We cannot restore the health of those Americans who incurred a 
disability as a result of their military service. It is within our 
power, however, to authorize a memorial that would clearly signal the 
nation's gratitude to all whose disabilities serve as a living reminder 
of the toll war takes on its victims.
  Under the terms of this legislation, the Disabled Veterans' LIFE 
Memorial Foundation would be solely responsible for raising the 
necessary funding. Our bill explicitly requires that no Federal funds 
be used to pay any expense for the memorial's establishment.
  I urge my colleagues to join me and Senators Coverdell, Cleland, and 
Kerrey in support of this legislation. America's disabled veterans, of 
whom Senator Cleland himself is one of our most distinguished, deserve 
a lasting tribute to their sacrifice. They honored us with their 
service; let us honor them with our support today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 311

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORITY TO ESTABLISH MEMORIAL.

       (a) In General.--The Disabled Veterans' LIFE Memorial 
     Foundation is authorized to establish a memorial on Federal 
     land in the District of Columbia or its environs to honor 
     disabled American veterans who have served in the Armed 
     Forces of the United States.
       (b) Compliance With Standards for Commemorative Works.--The 
     establishment of the memorial authorized by subsection (a) 
     shall be in accordance with the Act entitled ``An Act to 
     provide standards for placement of commemorative works on 
     certain Federal lands in the District of Columbia and its 
     environs, and for other purposes'', approved November 14, 
     1986 (40 U.S.C. 1001 et seq.).

     SEC. 2. PAYMENT OF EXPENSES.

       The Disabled Veterans' LIFE Memorial Foundation shall be 
     solely responsible for acceptance of contributions for, and 
     payment of the expenses of, the establishment of the memorial 
     authorized by section 1(a). No Federal funds may be used to 
     pay any expense of the establishment of the memorial.

     SEC. 3. DEPOSIT OF EXCESS FUNDS.

       If, upon payment of all expenses of the establishment of 
     the memorial authorized by section 1(a) (including the 
     maintenance and preservation amount provided for in section 
     8(b) of the Act referred to in section 1(b)), or upon 
     expiration of the authority for the memorial under section 
     10(b) of such Act, there remains a balance of funds received 
     for the establishment of the memorial, the Disabled Veterans' 
     LIFE Memorial Foundation shall transmit the amount of the 
     balance to the Secretary of the Treasury for deposit in the 
     account provided for in section 8(b)(1) of such Act.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Coverdell and Mr. Hagel):
  S. 312. A bill to require certain entities that operate homeless 
shelters to identify and provide certain counseling to homeless 
veterans, and for other purposes; to the Committee on Veterans' 
Affairs.


                          veterans legislation

 Mr. McCAIN. Mr. President, I rise to introduce legislation to 
assist homeless veterans and eliminate some of the suffering of these 
less fortunate Americans who served their country in uniform. This 
legislation would develop better methods for identifying veterans who 
utilize federally funded homeless shelters so that they can be educated 
about veteran benefits to which they are entitled, including Department 
of Veterans Affairs health care.
  A homeless shelter which receives federal funding would be required 
to inquire if a person entering the shelter is a veteran. This 
information would be used solely to assist in tracking the number of 
homeless veterans and providing counseling to the veteran regarding all 
available benefits, including job search, veterans preference rights, 
and medical benefits. Additionally, the Secretary of Veterans Affairs 
and the Secretary of Housing and Urban Development would coordinate 
these activities and specify a schedule for notifying the Department of 
Veterans Affairs of the status of these homeless veterans. It is the 
intent of this legislation to require homeless shelters to follow this 
procedure if they are to be eligible for additional Federal grants.
  It goes without saying that this country owes a great deal to the men 
and women who bore arms to keep America free. Today there is no easy 
way to ensure that veterans who are homeless have access to the 
benefits they have earned. We do not even know how many of our veterans 
are homeless. I find this astonishing. The Department of Veterans 
Affairs estimates the number of homeless veterans to be between 275,000 
and 500,000 over the course of a year. Conservatively, one out of every 
three individuals who is sleeping in a doorway, alley, or box in our 
cities and rural communities has worn a uniform and served our country. 
Mr. President, the time is right, right now, to give a helping hand.
  Based on the figures the Department of Veterans Affairs does have, 
homeless veterans are mostly male; about three percent are women. The 
vast majority are single; most come from poor, disadvantaged 
communities; forty percent suffer from mental illness; and half have 
substance abuse problems. More than seventy-five percent served our 
country for at least four years, and Vietnam veterans account for more 
than forty percent of the total number estimated.
  Mr. President, there are many complex factors affecting all 
homelessness: extreme shortage of affordable housing, poverty, high 
unemployment in big cities, and disability. A large number of displaced 
and at-risk veterans live with the lingering effects of post traumatic 
stress disorder (PTSD) and substance abuse, compounded by a lack of 
family and social support networks.
  I do not mean to be critical of the Secretary of Veterans Affairs or 
the Secretary of Housing and Urban Development in offering this 
legislation. To a great degree, the Department of Veterans Affairs has 
been very responsive in taking care of some homeless veterans. But the 
ones who are receiving critical medical treatment and veterans benefits 
are those who know that such programs exist. It is incumbent on our 
government to reach out to all veterans, particularly those who are 
homeless. However, to do that, there must be a process in place.
  Homeless veterans need a coordinated effort, between the Secretaries 
of Veterans Affairs and Housing and Urban Development, that provides 
secure housing and nutritional meals, essential physical health care, 
substance abuse aftercare, and mental health counseling. They may need 
job assessment, training, and placement assistance. To those who may 
argue that this is a new entitlement program, I would say that these 
rights and benefits currently exist for veterans today. Why would we as 
a nation not do everything in our power to provide this help for those 
less fortunate veterans?
  Mr. President, our veterans deserve no less. I hope my colleagues 
will support this legislation and support our veterans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S1014]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 312

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REQUIREMENT TO IDENTIFY AND PROVIDE COUNSELING TO 
                   HOMELESS VETERANS.

       (a) Requirement.--Each entity that receives a grant from 
     the Federal Government for purposes of providing emergency 
     shelter for homeless individuals shall--
       (1) identify whether or not each adult individual seeking 
     such shelter from such entity is a veteran; and
       (2) provide each such individual who is a veteran such 
     counseling relating to the availability of veterans benefits 
     (including employment assistance, health care benefits, and 
     other benefits) as the Secretary of Veterans Affairs 
     considers appropriate.
       (b) Coordination of Activities.--The Secretary of Veterans 
     Affairs and the Secretary of Housing and Urban Development 
     shall jointly coordinate the activities required by 
     subsection (a).
       (c) Notification.--(1) Entities referred to in subsection 
     (a) shall notify the Secretary of Veterans Affairs of the 
     number and identity of the veterans identified under 
     paragraph (1) of that subsection.
       (2) Such entities shall make such notification with such 
     frequency and in such form as the Secretary shall specify.
       (d) Prohibition on Funds for Noncompliance.--
     Notwithstanding any other provision of law, an entity 
     referred to subsection (a) that fails to meet the 
     requirements specified in that subsection shall not be 
     eligible for additional grants or other Federal funds for 
     purposes of carrying out activities relating to emergency 
     shelter for homeless individuals.

                          ____________________