Robert Bennett

Mr. BENNETT

Mr. BENNETT. I thank the Chairman for his clarification on this issue. As I said previously, I had intended to offer an amendment on this issue, but I am satisfied by the Committee's report and by the remarks of the Chairman that such an amendment would be redundant and unnecessary.

Mr. BENNETT. Mr. President, I rise today to commend Senator D'Amato, the Chairman of the Banking Committee, for his diligence in bringing this legislation dealing with credit unions to the floor in a timely manner. Although I have concerns with the commercial lending provisions in the legislation, I do support the underlying bill. I do have one question, however for the Chairman of the Banking Committee relating to the community credit union provisions in the act. Specifically, I am concerned with the way that the National Credit Union Administration (NCUA) will design their regulations dealing with the size and scope of community credit unions. Although I had initially intended to offer an amendment limiting the size of a federally- chartered community credit union to three or four contiguous census tracts, after discussing the matter with the Chairman I decided that my amendment would be unnecessary.

Mr. BENNETT

Mr. BENNETT. Mr. President, today I introduce the Medical Information Protection Act of 1998. I know it is late in the 105th Congress and that there will not be time to give this legislation full consideration. However, I feel strongly about this issue and did not want this session to end without the introduction of this legislation. I feel that great progress has been made and that the legislation that I am introducing addresses many of the concerns that have been expressed. I will include letters and statements of support for the Record from the following groups: American Medical Informatics Association; Joint Healthcare Information Technology Alliance; Intermountain Health Care; Premier Institute; Association of American Medical Colleges; American Health Information Management Association; Healthcare Leadership Council; Federation of American Health Systems; American Hospital Association and Pharmaceutical Research and Manufacturers of America. It is my intention to reintroduce this legislation early in the 106th Congress and seek for its passage. Most individuals wrongly assume that their personal health information is protected under federal law. It is not. Federal law protects the confidentiality of our video rental records, and federal law ensures us access to information about us such as our credit history. However, there is no current federal law which will protect the confidentiality of our medical information and ensure us access to our own medical information. This is a circumstance that must change. This is a circumstance that the Medical Information Protection Act will correct. At this time, the only protection of an individual's personal medical information is under state law. These state laws, where they exist, are incomplete, inconsistent and inadequate. At last check, there were over 34 states with each state having its own unique set of laws to protect medical records. In many states there is no penalty for releasing and disseminating the most private information about our health and the health care that we have received. Many of our local health care systems continue to expand across state lines and are forced to deal with multiple and conflicting state laws. In addition, advances in technology allow information to be moved instantaneously across the country or around the world. The majority of providers, insurers, health care professionals, researchers and patients agree that there is an increasingly urgent need for uniformity in our laws that govern access to and disclosure of personal health information. Mr. President, I remind my colleagues that if we do not act by August of 1999, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires the Secretary of Health and Human Services (HHS) to put into place regulations governing health information in an electronic format. Thus, we could have a circumstance where paper based records and electronic based records are treated differently. I urge my colleagues to work with me to pass legislation that would give HHS clear direction and provide each American with greater protection of their health information. Mr. President, I ask unanimous consent that the letters of support be printed in the Record.

Mr. BENNETT

Mr. BENNETT. Mr. President, today I introduce the Medical Information Protection Act of 1998. I know it is late in the 105th Congress and that there will not be time to give this legislation full consideration. However, I feel strongly about this issue and did not want this session to end without the introduction of this legislation. I feel that great progress has been made and that the legislation that I am introducing addresses many of the concerns that have been expressed. I will include letters and statements of support for the Record from the following groups: American Medical Informatics Association; Joint Healthcare Information Technology Alliance; Intermountain Health Care; Premier Institute; Association of American Medical Colleges; American Health Information Management Association; Healthcare Leadership Council; Federation of American Health Systems; American Hospital Association and Pharmaceutical Research and Manufacturers of America. It is my intention to reintroduce this legislation early in the 106th Congress and seek for its passage. Most individuals wrongly assume that their personal health information is protected under federal law. It is not. Federal law protects the confidentiality of our video rental records, and federal law ensures us access to information about us such as our credit history. However, there is no current federal law which will protect the confidentiality of our medical information and ensure us access to our own medical information. This is a circumstance that must change. This is a circumstance that the Medical Information Protection Act will correct. At this time, the only protection of an individual's personal medical information is under state law. These state laws, where they exist, are incomplete, inconsistent and inadequate. At last check, there were over 34 states with each state having its own unique set of laws to protect medical records. In many states there is no penalty for releasing and disseminating the most private information about our health and the health care that we have received. Many of our local health care systems continue to expand across state lines and are forced to deal with multiple and conflicting state laws. In addition, advances in technology allow information to be moved instantaneously across the country or around the world. The majority of providers, insurers, health care professionals, researchers and patients agree that there is an increasingly urgent need for uniformity in our laws that govern access to and disclosure of personal health information. Mr. President, I remind my colleagues that if we do not act by August of 1999, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires the Secretary of Health and Human Services (HHS) to put into place regulations governing health information in an electronic format. Thus, we could have a circumstance where paper based records and electronic based records are treated differently. I urge my colleagues to work with me to pass legislation that would give HHS clear direction and provide each American with greater protection of their health information. Mr. President, I ask unanimous consent that the letters of support be printed in the Record.

Mr. BENNETT

Mr. BENNETT. Mr. President, thank you. This is a delightful day. As I think about the issue of swapping land, school trust lands in Utah for other Federal lands, I realize that this is an issue that my father worked on in this Chamber over 40 years ago. Governor Matheson, to keep it bipartisan, the Democratic Governor of Utah, tried an initiative on this same issue while he was the Governor some 20 years ago. To see it finally come to fruition now brings me a great sense of satisfaction. I thank my senior colleague for his support and leadership on this issue, I thank the members of the Energy Committee for their work, and I particularly thank my friend from Arkansas, the senior Senator, Mr. Bumpers, for his support as we have gone through this. He and I became acquainted when I first came to the Senate and went on that committee. We worked on a number of issues together, and I am delighted that this is one that comes together in a bipartisan fashion. So this is a time of rejoicing, nostalgia, and great pleasure on my part. Mr. BUMPERS addressed the Chair.

Mr. BENNETT

Mr. BENNETT. Mr. President, I rise to thank my colleague from Delaware, Mr. Roth, for his commitment to look further into the issue of medicare private contracting and to thank the honorable Senator from Arizona, Mr. Kyl, for his leadership as the sponsor of S. 1194, the Medicare Beneficiaries Freedom to Contract Act. As one of 48 cosponsors of Mr. Kyl's bill, I believe that we need to take steps to maximize choice, access and care for Medicare patients, not restrict them in the name of patient protection. I have been contacted by hundreds of seniors from my state who understandably expressed outrage that Congress had passed a law that will inevitably restrict access to health care from the provider of their choice even when they are willing to pay for the care out of their own pocket. We have been told that this provision was included in the Balanced Budget Act as a protection for Medicare patients. However, I believe we can protect Medicare patients from fraud and abuse without restricting their access to desired care. Mr. President, I thank my colleagues, once again, for their commitment and leadership and I look forward to working with them in the near future to address this important issue.

Mr. BENNETT

Mr. BENNETT. I thank the Chairman for his comments.

Mr. BENNETT. I would like to raise an issue addressed in the Senate report language regarding the Long Park Dam in Daggett County, Utah. Daggett County is the smallest county in Utah, with a population of just over 700 people. It is also the home of the Flaming Gorge Recreation Area, which is host to over 2 million visitors annually. I appreciate the committee's efforts to provide some assistance in repairing the dam through the water and waste disposal loans and grants program under RCAP. The city of Manila already has acquired a loan for a new treatment plant for Long Park Dam water, which has now been put in jeopardy because of the structural problems in the Long Park Dam. The city has a very limited capacity to assume more debt to repair the dam. Once the repairs on the dam are completed, the city would use as much as 50 percent of the water stored in Long Park Dam. Given the size of the communities involved and the limited ability to assume new debt, would it be appropriate to remind the Department of the special circumstances in Daggett County and encourage the Department to consider the community's current financial obligations when it reviews the grant application?

Mr. BENNETT

Mr. BENNETT. Mr. President, if there is no further business to come before the Senate, following the remarks of Senator Leahy, who is expected on the floor momentarily, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. BENNETT. Mr. President, I suggest the absence of a quorum.

Mr. BENNETT

Mr. BENNETT. Mr. President, for the information of all Senators, on Monday, there will be a period for morning business from 12 noon until 2. Following morning business, the motion to proceed to the Internet tax bill will be the pending business. Members are encouraged to come to the floor to discuss the important issue of Internet tax. At 3:30 p.m., under a previous order, the Senate will resume consideration of the so-called Vacancies Act for debate only until 5:30 p.m. Following that debate, at 5:30 p.m., the Senate will proceed to a cloture vote on the vacancies bill. Following that vote, the Senate may consider any other legislative or executive items cleared for action. Members are reminded that second-degree amendments to the vacancy bill must be filed by 4:30 p.m. on Monday. And as a further reminder, a cloture motion was filed today on the motion to proceed to the Internet tax bill. That vote will occur on Tuesday morning at a time to be determined by the two leaders.

Mr. BENNETT

Mr. BENNETT. I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill appear at this point in the Record.

Mr. BENNETT. I ask unanimous consent the Agriculture Committee be discharged from further consideration of S. 2511 and the Senate then proceed to its immediate consideration.

Mr. BENNETT

Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on the Executive Calendar: Nos. 824 through 850, and all nominations on the Secretary's desk in the Air Force, Army, Marine Corps and Navy. I further ask unanimous consent that the nominations be confirmed, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. BENNETT

Mr. BENNETT. Mr. President, I ask unanimous consent on behalf of the Permanent Subcommittee on Investigations of the Governmental Affairs Committee to meet on Friday, September 25, 1998, at 9:30 a.m. for a hearing on the topic of ``Improving the Safety of Food Imports.''

Mr. BENNETT. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Friday, September 25, 1998, at 9:30 a.m. to hold two hearings.

Mr. BENNETT. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet on Friday, September 25, 1998, at 10 a.m. in closed session, to receive a briefing on the worldwide threat and status of U.S. military forces and potential operational requirements.

Mr. BENNETT

Mr. BENNETT. Mr. President, I ask unanimous consent that the bill be considered read a third time and passed; that the motion to reconsider be laid upon the table; and that any statements relating to the bill be placed at the appropriate place in the Record.

Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 580, H.R. 4382.

Mr. BENNETT

Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of the conference report to accompany H.R. 4112, the legislative branch appropriations bill.

Mr. BENNETT. Mr. President, I ask unanimous consent that the conference report be agreed to; that the motion to reconsider be laid upon the table; and that any statements relating to the conference report be placed at the appropriate place in the Record.

Mr. BENNETT. Mr. President, I must comment as chairman of the legislative branch subcommittee of the Appropriations Committee, I am particularly pleased with the action the Senate has just taken. I am proud of the work we did in conference, and I feel that Members of the Senate, as well as the House, will find the appropriate amount of support allocated for their activities in this conference report.

Mr. BENNETT

Mr. BENNETT. Mr. President, I ask unanimous consent that Members have until 1 p.m. today to file first-degree amendments to the vacancies bill, notwithstanding the adjournment of the Senate.

Mr. BENNETT

Mr. BENNETT. I thank the Senator for his kind words.

Mr. BENNETT. Mr. President, I have enjoyed being here and listening to the senior Senator of West Virginia on a subject about which I have had some opinions and to which I have given some thought, and I would like to engage with him at another time about these issues. But I would just share with him and with the Senate this personal experience. When I lived in California, I discovered that many governmental reformers had put into place in California, initiative, referendum, and recall. This was the cry of political reformers, I think, in the 1920s, and it was supposed to be a demonstration of how forward-looking you were if you were in favor of initiative, referendum and recall. I voted against every single initiative that came in California, whether I agreed with it or not, for precisely the reasons that the Senator from West Virginia has given us. Because, I said, the people should not be legislating directly in the ballot box. We have a republic to do that. The Constitution guarantees every State a republican form of government. And I felt that California was going down the road, away from that constitutional requirement. I have discovered, since I left California, that whenever the politicians there have a problem now that they find too difficult for them to deal with in the State assembly, they simply say: Well, let's put it on the ballot. And you have legislation going on the ballot that should be fought out in the legislative process of a republic. Another problem that you have in California, I would say to the Senator from West Virginia, if it passes in an initiative, it becomes part of the State constitution and therefore cannot be amended. And we have seen examples of legislation that could not get through the State assembly being put on the ballot by factions--to use Madison's term; today we would call them special interests--and therefore being embedded in the California State Constitution so that a future legislature cannot repair the mischief that is created by this attempt at pure democracy. So we have a laboratory here in our own Union of States that demonstrates the wisdom of Madison and his counterparts in creating the Constitution. As I say, I am proud to say that when I lived in California, as a citizen, as a matter of constitutional conscience, I voted against every single initiative, even those with which I agreed, because I wanted to preserve the concept of a representative republic that is the foundation of our liberties. I thank the Senator from West Virginia for this most scholarly presentation. I am grateful that I had the opportunity to be here to hear it.