Bob Graham

Mr. GRAHAM

Mr. GRAHAM. Mr. President, I rise today, along with Senator Grassley, to introduce legislation designed to protect our nation's families hard-earned savings and ensure quality long-term care. Our nation has achieved great strides in the 20th century in delivering quality health care and improving the standards of living of its citizens. Just last year Congress added preventive benefits to the Medicare program, thereby ensuring that Americans will have longer, more productive lives. In fact, thanks to these developments life expectancy has increased from 47 years in 1900 to 68 years in 1950, and has steadily increased to 76 years in 1991. These tremendous advances in medicine have also produced challenges because as more and more people live longer, chances increase that they will experience chronic illnesses and disability. A three-year stay in a nursing home can cost upwards of $125,000. As a result, nearly half of all nursing home residents who enter as privately-paying patients exhaust their personal savings and lose health insurance coverage during their stay. Medicaid becomes many retirees' last refuge of financial support. Another challenge facing America in the future will be the aging of the ``baby boomers.'' Unfortunately, many ``baby boomers'' are not planning for the future because they are preoccupied with more immediate concerns. This portion of our population represents more than half of all workers and are the parents of 75% of the nation's children under age 18. Child care, housing expenses and saving for their children's college education tend to dominate their budgets. Many Americans mistakenly believe that Medicare will pay for their long-term care needs. ``Baby boomers'' need to understand the limitations of government programs with regard to long-term care. In reality, this program primarily focuses on hospital stays and physician visits. Without adequate private insurance a significant number of retirees are likely to deplete their assets in order to receive essential long-term care. Insurance products are available to ensure that an individual's long- term care needs are met. However, current tax law establishes several obstacles to purchasing long-term care insurance. First, most Americans purchase health insurance through their employer. Over sixty-five percent of 235 million individuals, under age 65, purchase their health insurance through their employer or union. However, tax law prohibits an employer from offering employer subsidized long-term care insurance products through its employee benefits plans. Since the enactment of the Kennedy-Kassebaum legislation of 1996, purchasers of qualified long-term care insurance policies are permitted to deduct the premiums as part of their medical expenses. However, for taxpayers other than the self-employed, the tax code restricts the medical expense deduction to the portion of expenses exceeding 7.5 percent of their income--a threshold that bars the deduction for 95 percent of non-self employed people. Kennedy-Kassebaum also precluded employees from purchasing long term care insurance on a pre-tax basis through their employer. Specifically, the legislation prohibited the inclusion of long-term care insurance in employer-sponsored cafeteria plans and flexible spending accounts. Only if the employer actually pays for the insurance can the employee obtain the coverage on a tax-free basis, but few employers currently are willing to pay for the coverage. The result is that only a small percentage of purchasers of long-term care insurance can obtain the insurance on a pre-tax basis. Second, long-term care insurance paid directly by the taxpayer is only deductible if the individual both itemizes his or her deductions and already has deductible medical expenses in excess of 7.5 percent of their adjusted gross income. Suppose Mr. and Ms. Jones earn $40,000 per year and want to purchase long-term care insurance. Under current law, health and medical expenses are not deductible unless they exceed 7.5 percent of $40,000, which is $3,000. Suppose the premiums for long-term care insurance totaled $1,000. The Joneses would get no tax benefit from the deduction of the premiums unless they already had $2,000 in other qualified medical expenses, and would not get the full benefit of the deduction unless they had $3,000 in other qualified expenses. Even if they meet this threshold, the Joneses still will not benefit from the current deduction unless their total itemized deductions-- health and non-health--exceed the standard deduction, currently $6,900 for a married couple. It becomes clear that the current deduction for log-term care insurance premiums is not providing a very strong incentive to prepare for one's health retirement. A recent survey shows that premium deductibility was cited most frequently as the action that would make non-buyers more interested in long-term care insurance. Looking into the future, there are two key goals for retirement security: (1) saving enough money for retirement, and (2) protecting against life's uncertainties, including long-term care costs. An unanticipated nursing home stay can deplete hard-earned savings and threaten a family's financial future. This situation could be especially difficult for the surviving spouse of someone who has had a long-term care stay and depleted all of their retirement savings. The widow or widower can have many years left to live and no remaining retirement assets. A recent study by the American Council for Life Insurance indicates that long-term care insurance has the potential to significantly reduce future out-of-pocket and Medicaid expenditures for long-term care. If individuals are covered by long-term care insurance, they are less likely to become Medicaid beneficiaries, thus preserving the individual's savings and decreasing government spending. This would also reinforce Medicaid's intent of serving as a safety net for those who are most needy. With the provisions in this legislation, Americans can be more assured of a financially secure retirement.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, I join the citizens of South Florida in celebrating the distinguished career of Federal Judge C. Clyde Atkins, a man held in the highest esteem by his peers in the community and within the legal profession. Born in Washington, D.C., Judge Atkins began his legal career when he attended the University of Florida where his law studies--which he supported by working at campus jobs--earned him a legal degree in 1936. He practiced law in Stuart, Florida before moving to Miami where his distinguished legal performance was highly recognized. He served as President of the Dade County Bar Association from 1953 to 1954, and as President of the Florida Bar Association in 1960. In 1966, he was appointed a United States District Judge for the Southern District of Florida, having been nominated by President Lyndon Johnson. He served as Chief Judge from 1977 to 1982, during which time he was appointed by United States Supreme Court Chief Justice Burger as Chairman of the Judicial Conference Committee on Operation of the Jury System. Additionally, President Jimmy Carter appointed him a member of the National Commission for the Review of Antitrust Laws and Procedures, on which he served from 1978 to 1979. In his present position on the federal bench, Judge Atkins has served 32 outstanding years, longer than anyone there presently. Integrity and fairness are words synonymous with the characteristics and judicial talents Judge Atkins has exhibited in serving the public. He is particularly credited with ending segregation in Dade County's schools; preserving the rights of the homeless; vigorously upholding the tenets of free speech; and granting the equal treatment of refugees. As an affirmation of his legal acumen, the University of Miami School of Law established the C. Clyde Atkins Moot Court Series, where law students are able to hone their own legal talents. A driven and conscientious worker, Judge Atkins has been highly praised by his colleagues and associates, and has garnered the highest respect from within and beyond the legal community. He has been recognized by numerous community organizations, especially the Catholic Church to which he has held a strong and abiding devotion during his lifetime. Judge Atkins has been President of the St. Augustine Diocesan Union of Holy Name Societies and President of the Miami Archdiocesan Council of Catholic Men, as well as receiving the National Conference of Christians and Jews Outstanding Catholic Award. He has been honored by the Anti-Defamation League of B'nai B'rith and the Greater Miami Jewish Federation awarded him with the Lifetime Achievement Award. Amidst these impressive accomplishments, I believe that Judge Atkins would cite his 61 year marriage to the former Esther Castillo as the most cherished, treasured, and important part of his life. Together, as lifetime partners, they raised three children and have enjoyed the pleasures of grandparenting, as much as my wife Adele and I have. Mr. President, I join all those who honor Judge Atkins for his lifetime of commitment to the people of our state. His competence, unswerving integrity and devotion to the bench, his mild and gentle manner, and his consummate respect for the law have given the people of Florida a person who serves as a role model for all to emulate. We cherish his service and wish him well as he continues to provide judicial leadership and inspiration to future generations.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, I am pleased to join my colleague, Senator Grassley, today in introducing legislation that will give many Americans a better chance of financial security in retirement, and make the Federal Government a role model for American companies. The issue is long term care insurance. When starting to work on this legislation, several facts seemed most important: In 1995 the average cost of nursing home care in the United States was $37,000 per year. In some urban areas of the country, that cost can reach $70,000 per year. Medicare provides short-term care coverage, but the average nursing home stay is two and one-half years. In fact, Medicare paid for only five percent of national nursing home costs. Not all long term care occurs in nursing homes--85 percent of nursing home care is nonskilled care. Again, Medicare does not cover nonskilled care, so all of these costs must be covered by the patient and his or her family members. Medicaid will provide nursing home and some nonskilled care coverage, but an individual must be extremely low income, or become low income, to qualify for Medicaid. This program currently pays for over half of nursing home expenses in the United States. But who wants to see their lifetime savings, and their children's inheritance, wiped out to pay for the cost of a catastrophic long term illness. Unfortunately, many of us will face this circumstance. It is estimated that the majority of women and one-third of men who reach the age of 60 will need nursing home care before the end of their life. Many of the baby boom generation are already facing this issue as they deal with their parents' needs. Long term care is one of the most important retirement security issues facing us today. According to a 1997 survey sponsored by the National Council on the Aging, more Americans (69 percent) were worried about how to pay for long term care than were worried about how they would pay for their retirement (56 percent). This level of concern was true for all age groups and income levels among those surveyed. Although many companies are considering offering this insurance to their employees, as of 1996 only 13.2 percent of long-term care plans were employer-sponsored. Today, Senator Grassley and I are moving the Federal Government into a leadership role by creating a model long term care insurance program for Federal employees. I am very pleased to be working, once again, with Senator Grassley to develop another proposal in our ongoing efforts to improve retirement security for all Americans. We are introducing today the Civil Service Long-Term Care Insurance Benefit Act, a companion to the legislation by our colleague in the House, Representative John Mica of Florida. We will offer private companies the opportunity to compete to provide long-term care insurance to Federal employees. Our plan will not be at a high cost to taxpayers; premiums will be fully paid by Federal employees--however, by pooling the numbers of workers in the federal government, lower group rates are achieved. Only plans qualified under the Health Insurance Portability and Accountability Act of 1996 may offer this insurance to Federal workers through our legislation, but beyond that, we will let the marketplace determine the cost and services of plans employees may purchase. Flexibility is important in this relatively young industry as insurance companies are still in the process of determining how to most effectively provide this product. Competition among the various carriers, group discounts and volume of sales will keep these premiums affordable. Eleven million individuals, including employees and retirees, their spouses, parents, and in-laws would be eligible under our proposal. This bill is just a first step, but an important one. In encourage your support as we continue to improve retirement security, in all of its aspects, for all Americans.

Mr. GRAHAM

Mr. GRAHAM. After the next Republican amendment after the Boxer amendment.

Mr. GRAHAM. Without the intention of objecting, I ask if in that list of amendments, at some point after the amendment of the Senator from California, you will consider adding an amendment by Senator Mack and myself to the list?

Mr. GRAHAM. Mr. President, was that a unanimous consent request?

Mr. GRAHAM. If the second or third amendment on that list can be Senator Mack's and my amendment.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, as we approach a new century, we find ourselves in a year of multiple milestones. This year, the world celebrates the 50th anniversary of the founding of the State of Israel, and we also congratulate the pioneering Florida- Israel Institute on its 10-year anniversary. The Florida-Israel Institute, created by the Florida Legislature in 1988 to expand ties with Israel, has been a success by any measure: Catalyst. Now 23 other states have official links with Israel. Florida set the pace, and its Florida-Israel Institute continues to serve as a model for the rest of the nation. Trade boom. Total trade between Florida and Israel tripled between 1987 and 1996, with dramatic increases in exports from Florida to Israel and imports from Israel, according to federal statistics. Cultural bridge. The Florida-Israel Institute brings Israel to Florida and Florida to Israel, via the arts, business, academia and research on topics of mutual interest that include agriculture and the environment. Examples span the spectrum of the human experience. The Institute brought Israeli jazz pianist Liz Magnes to Florida, and sent Florida professors to Israel and Jordan. It helped sponsor the one-woman show ``Nomi'' at the University of Central Florida, and sent Florida business leaders to Israel. A premier feature of the Florida-Israel Institute is scholarship. The Institute carries out the time-honored precept that knowledge is a key to human understanding and a powerful weapon against fear and hate. The Florida-Israel Institute just awarded scholarships to 57 Israeli students for the 1998-99 academic year. These students will study on campuses throughout Florida, enriching campus life for all and then serving as ambassadors for life, linking Florida and Israel. The Institute--co-hosted by Florida Atlantic University and Broward Community College--has strong roots in education. As a repeat visitor to the Middle East, I know there is no substitute for first-hand experience in understanding the challenges facing Israel. My wife, Adele, and I were honored to return to Israel this year to help celebrate the 50th anniversary. Likewise, the Florida academics, entrepreneurs and civic leaders who visit Israel--thanks to the Florida-Israel Institute--bring back a keener understanding and a deeper appreciation of our special relationship with our ally State, Israel. On this special 10-year milestone, I call on my colleagues to join me in saluting the founders, managers and advisory board of this exemplary public-private partnership: the Florida-Israel Institute.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, today I rise to honor Hispanic Americans. National Hispanic Heritage Month is celebrated every year from September 15 to October 15. This month-long observation, established in 1968, is now a celebration of the history and achievements of Hispanic Americans. During the August recess, among the many visits I made throughout my state, I had the opportunity to once again visit the historic city of St. Augustine. A visit to St. Augustine is always very special but this time it was more so because accompanying me on this trip were my triplet granddaughters. I took advantage of this occasion to teach my granddaughters about the rich and wonderful history of St. Augustine, of Florida and of our Nation. And they taught me something about the thrill of seeing castles and historic sites for the first time through the fresh eyes of a 3-year old. Hispanic presence in what is now the United States began long before our Nation existed. In 1513, Juan Ponce de Leon sailed from Puerto Rico to the east coast of Florida. A Spanish explorer, Ponce de Leon is best remembered as the discoverer of Florida and for his early attempts to colonize in 1521. He was also the first Governor of Puerto Rico which today is home to 3.8 million U.S. citizens. In 1565, Pedro Menendez de Aviles, another Spanish explorer, established St. Augustine, the first permanent European settlement in what is now the United States. This settlement predated the Jamestown colony in Virginia by more than 40 years. When he reached the shores of La Florida, Menendez de Aviles and his crew celebrated with a feast with the Native American Indians of the region, by bringing red wine, roast pig and garbanzo beans. Thus began another part of our rich Hispanic heritage. Nearly 300 years later, the United States was rapidly developing and experiencing its first 50 years of democracy. Hispanic Americans played their role in that development. The first Hispanic American to serve in the Congress was Joseph Marion Hernandez, who was elected in 1822 as a Delegate to the U.S. Congress from the territory of Florida. Today there are 5,170 Hispanic elected officials nationwide, 81 of them proudly serving in my State of Florida. Of the 18 Hispanic Members of the 105th Congress, two are from Florida, Congresswoman Ileana Ros-Lehtinen, who in 1989 became the first Hispanic woman Member of Congress and her fellow Cuban-American Congressman Lincoln Diaz-Balart. Today Florida is an example of the rich diversity of this country, as we have residents from all the Spanish speaking countries of the world. Sadly, many of these residents came to this country from countries such as Cuba and Nicaragua seeking refuge from persecution and denial of basic human rights which they were denied in their homeland. These residents hold a strong patriotic fervor for their new land in the United States equally with their hopes of restoring liberty and democracy to their former home in Cuba. They will return to a democratic Cuba with their experience in the United States being a significant contribution, whether they are there on a permanent or a temporary basis, to the restoration of that island nation, which has suffered so long under autocratic rule. The latest Census Bureau figures now estimate that the U.S. Hispanic population nears 30 million, representing 11 percent of the total population of the United States. The Bureau also estimates that by the year 2005 Hispanics will be the single largest minority group in this country. Hispanic Americans have achieved notable success in every aspect of our society. It is important to highlight the level of entrepreneurial spirit that Hispanic Americans bring to the work force, leading to economic growth for all Americans. According to the Small Business Administration, the largest growing sector of small businesses are owned by Hispanic women. Hispanic owned businesses have grown three times faster than the average of all business growth in the United States. Hispanic Americans have played, and will continue to play, a key role in our country's future. The commitment of Hispanic Americans to this country's ideal of freedom and democracy have never faltered. Hispanic Americans have volunteered and served this country with distinction in every branch of our nation's armed services and their sacrifices on the field of combat are ample evidence of their patriotic commitment. The fact that there are forty-two Hispanic Congressional Medal of Honor winners is a most eloquent testimony of this commitment to freedom and democracy. In March 1997 Senator Larry Craig and I, along with a bi-partisan colaition of our colleagues introduced S. 472 to provide the nearly 4 million U.S. citizens of Puerto Rico with a congressionally sanctioned plebescite to democratically vote on their future political status. On more than one occasion I have spoken of our moral commitment to answer the legitimate request for self-determination by our fellow citizens who are residents of Puerto Rico. On July 25 of this year, Puerto Rico commemorated the 100th anniversary of the arrival of U.S. Major General Nelson Miles and his troops on Puerto Rico's shores. On that historic occasion 100 years ago, General Miles declared that the United States came, to use his words, ``bearing the banner of freedom * * * the fostering arm of a nation of free people, whose greatest power is in justice and humanity to all those living within its fold.'' One hundred years after those valiant actions and eloquent words, the U.S. citizens of Puerto Rico continue to wait for the fulfillment of that promise of justice and humanity. For the last century, they have been denied the most fundamental right of a free people, the right to choose their own political destiny. One of the most fundamental principles of our nationhood was expressed in the Declaration of Independence when our forefathers wrote: We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed. That, Mr. President, is what our Founding Fathers wrote over 200 years ago. Now the challenge we face in 1998 is whether we are prepared to live by those principles of consent of the governed. Today I am here to ask, what better way to honor all Hispanic Americans, to commemorate their sacrifices and contributions to our great Nation, than to provide the U.S. citizens of Puerto Rico with their long frustrated dream of political self-determination? Earlier this year, our colleagues in the House passed a bill authorizing a plebiscite, a plebiscite to initiate self-determination. The Senate has closely examined this issue through a series of hearings and workshops conducted by Energy Committee Chairman Murkowski. After careful and exhaustive deliberations, Senator Murkowski has drafted a bill which simply authorizes a self-determination process for Puerto Rico. Senator Murkowski's bill is straightforward; it is fair; it recognizes and respects Puerto Rico's local political dynamics and delivers the much-needed congressional endorsement of this process. We have before us a rare opportunity, an opportunity to support democracy in action. Senator Murkowski's bill should be given full consideration before the adjournment of this Congress. This is an issue that will not go away. The historic significance of the U.S. Congress acting to give the people of Puerto Rico the reality of what General Miles spoke in his eloquent words of justice and humanity 100 years ago is an opportunity that we should not let pass. It is our historic opportunity and responsibility to our fellow citizens to honor Hispanic-Americans by providing self-determination to the U.S. citizens of Puerto Rico. Let us make 1998 memorable not because it is the 100th anniversary of U.S. troops landing in Puerto Rico but, rather, because this is the year and this is the Congress which commemorated Hispanic Heritage Month and honored all Hispanic-Americans by keeping its promise of democracy to the U.S. citizens of Puerto Rico. Mr. President, I ask unanimous consent to have printed in the Record a series of newspaper editorials in support of self-determination for the U.S. citizens who are residents of Puerto Rico.

Mr. GRAHAM. I thank Senator Torricelli. The Senator from Louisiana.

Mr. GRAHAM. Mr. President, I yield such time as is to be utilized by the Senator from New Jersey.

Mr. GRAHAM. Mr. President, I thank the Senator. There are others of my colleagues who have indicated a desire to speak during this period for morning business. Unfortunately, none of them are here at this time. Therefore, I ask unanimous consent that the remainder of the time for these presentations on ``Hispanic Heritage Month'' be reserved until our colleagues who wish to speak are present.

Mr. GRAHAM

Mr. GRAHAM. Thank you, Mr. President. Mr. President, I ask unanimous consent that Delia Lasanta, a congressional fellow, Mary Jo Catalano, and Luis Rivera, interns in my office, be allowed floor privileges for the duration of this 1 hour of morning business.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, as we approach a new century, I recognize one of the giants of the 20th century: Dr. William Foster, Chairman of the Music Department and Director of Bands at Florida A&M University in Tallahassee, Florida. After enriching the lives of thousands of students, and entertaining millions around the globe via superlative performances of The Marching 100 band, Dr. Foster is retiring. A special tribute will be held honoring him in Tallahassee on September 4, 1998. Dr. Foster's service to Florida A&M University and the field of music spans half a century. His genius was in melding the varied sounds of musical instruments--along with unique choreography--into one of the most celebrated and sought-after marching bands in the world. With each performance, The Marching 100 band proves the axiom that music is an international language. And its director, Dr. Foster, is music's Ambassador at Large, lifting the spirits of all who heard the glorious sounds of this talented group and saw the high-stepping moves that set this band apart from all others. Mr. President, this is the time of year that we send our children and grandchildren back to school to begin another academic year. As a nation, we focus on the vital role of education. Dr. Foster personifies the finest attributes of an educator. He passed on knowledge to thousands, he built teamwork and instilled discipline, and he had fun along the way. The educational leadership of Dr. Foster is one of the reasons why Florida A&M University is ranked among America's leading institutions of higher learning. Last year, Florida A&M University was cited as ``College of the Year'' by editors of TIME magazine and The Princeton Review. Mr. President, I have been honored to visit Florida A&M University on many occasions. I have experienced the spirit on campus, in the classrooms and among the greater Florida A&M University family of alumni, faculty, administrators, and students. And, I have experienced the special joy of watching and listening to The Marching 100 under the direction of Dr. Foster. I call on my colleagues in the Senate--and all those who love music--to join me in this tribute to an outstanding American, a gifted educator and band director without peer: Dr. William Foster.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, I rise today together with my friends and distinguished colleague, Senator Mack, to introduce legislation to name five United States Post Offices in Miami-Dade County, Florida after five prominent civic and community leaders. By doing so, we are joining the entire Florida delegation in the United States House of Representatives in honoring these individuals of great importance to our state. This legislation honors these five individuals service, commitment, and dedication to their communities. Athalie Range is a multi-faceted local community leader and humanitarian Garth Reeves, Sr. is a publisher, banker, and entrepreneur. William R. ``Billy'' Rolle was a teacher, coach, and community education leader. Essie Silva was a leader and proponent of business development for South Florida's Africa-American community. Helen Miller was the first African-American female Mayor in Dade County, Florida. While these five individuals come from different backgrounds and professions they have one similar quality: dedication to their communities. Through their service, they have made immeasurable contributions to South Florida and our entire state. Mr. President, let me say a few words about each of these outstanding individuals: Athalie Range has been a leader in South Florida for over 30 years. She was the first African-American and second woman to be elected to the Miami City Commission. Governor Reubin Askew appointed her the first African-American department head in the state of Florida. Ms. Range has also been the recipient of over 160 awards and honors. I have had the pleasure of knowing and learning from Ms. Range for many years. Her commitment to improving the quality of life for all citizens has been constant and meaningful. Garth Reeves has been committed to excellence and achievement in South Florida for over 50 years. As the owner and publisher of the Miami Times, he has covered many of the important news stories of the last half-century. He has also been an exemplary civic leader who served on the Boards of Trustees of Miami-Dade Community College, Barry University, Bethune-Cookman College, and Florida Memorial College. Essie D. Silva was a proponent of South Florida economic development her whole life. She chaired the Government Affairs Department of the Miami-Dade Chamber of Commerce and led groups to lobby in Tallahassee and Washington. In addition to her business activities, Ms. Silva was instrumental in establishing the Sunstreet Carnival, a popular family festival held in Miami. Helen Miller became the first African-American female Mayor elected in Miami-Dade County when Opa Locka residents chose her as their Mayor in 1982. She has served on over forty different community boards dedicated to improving the quality of life in South Florida. She was a woman of tremendous vigor and leadership who was recognized as the elder stateswoman of Opa Locka, Florida. She passed away on October 2, 1996, in Opa Locka, Florida. William R. ``Billy'' Rolle dedicated his life in one of our most important professions--teaching. He spent over thirty five years as a teacher, coach, band instructor, and assistant principal. In all these different roles he continued to inspire young people to reach their full potential. Also, Mr. Rolle helped organize the First Annual Goombay Festival, a popular Caribbean event held in Miami. He passed away on January 20, 1998, in Miami, Florida. Mr. President, the accomplishments of these five individuals are worthy of having a post office designation. All of these post offices that will bear the names of the individuals will be located in the communities where they lived. It is appropriate that we grant this honor to salute their life long commitment to their community. I urge all my colleagues to join Senator Mack and me in supporting this important legislation.

Mr. GRAHAM. Mr. President, I want to commend Senator Chafee, Senator Lieberman, Senator Specter, and Senator Baucus for your outstanding leadership on an issue of vital importance to the country-- protecting patients from abuses by managed care organizations. Mr. President, what looms before the Senate is ominous. If nothing changes, when we return in September, we appear destined to be witnesses to the Senate's version of a massive train wreck in the form of managed care debate. The Republican train and the Democratic train are racing toward each other with ever-increasing speed and hostility, neither side willing to apply the brakes and switch tracks--neither side mindful of the havoc the wreck could cause. If we don't switch tracks, the wreck is inevitable. And the casualties will not be either political party. Instead, they will be the American public, who have asked us to provide them with basic federal protections. My colleagues and I are simply not willing to sacrifice the opportunity to pass meaningful managed care reform this year for the opportunity to score political points. Over the past few years, it has become increasingly clear that the American people are anxious about their health security as a consequence of managed care. Even managed care plans are nervous about the possibility of declining enrollment due to an increasing lack of consumer confidence. Our bill seeks to leave the decision-making to doctors and their patients, and to ensure that patients get what they are paying for with their hard-earned dollars. Our goal is to hold insurance companies accountable for the benefits and services they claim to be delivering. Patients want the right to see a specialist when they need one; our bill assures that. Patients want assurances they will get the medicines their doctors say they need, not just what's on a plan's formulary; our bill assures that. Patients want to know that plans are not providing financial incentives to their doctors to withhold medically necessary treatment; our bill assures that. Parents want to know that a pediatrician is available to serve as their child's primary care provider; our bill assures that. Women want to know that they can see their ob/gyn without first getting permission from the plan's gatekeeper; our plan assures that. However, having said all of that, it is vitally important to look at the fine print when comparing the patient protections contained in each of these proposals because, as the saying goes, the Devil is in the details. For example, all of the plans would require insurers to pay for emergency services. However, the GOP plan lacks a critical protection which was enacted into law for Medicare and Medicaid beneficiaries as part of the Balanced Budget Act of 1997--reimbursement for post- stabilization care. Each bill contains an external appeals process to allow patients to appeal denials or limitations of care to an independent entity. However, the Republican proposal would prevent any complaint for a service valued at less than $1,000.00 from being referred to an external appeals body. Picture the situation where a woman is denied a mammogram which, had it been done, would have resulted in early detection of breast cancer and you begin to understand why this provision is problematic. In closing while the idea of playing the blame game up to the fall elections might be appealing to some, we are asking our colleagues, through this legislation, to take another course of action--to pass meaningful and effective patient protections for 161 million Americans this year.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, teachers, students, parents, and school administrators know that the United States faces a school infrastructure crisis. Many of our schools are more than 50 years old and crumbling, and the General Accounting Office estimates that it will cost about $112 billion to bring them into good repair. Moreover, this estimate does not take into account the need for new construction. The U.S. Department of Education projects that some 1.9 million more students will be entering schools in the next 10 years. At current prices, it will cost about $73 billion to build the new schools needed to educate this growing student population. Mr. President, I might add that my own State is gaining 60,000 new students each year. By the end of the decade, Florida's student enrollment will have increased 25 percent more than the population as a whole. Education is rightfully a state and local matter, but the Federal government can play a helpful, non-intrusive role in assisting communities overwhelmed by explosive increases in student enrollment. We at the Federal level should help empower local school districts to find innovative, cost effective ways to finance new schools and repair aging ones. Let me quote Mr. Roger Cuevas, who is the superintendent of schools for Miami-Dade County, FL: It is important that financing options be defined in as flexible a manner as possible and especially not be limited to general obligation bonds . . . Flexibility in the choice of the type of eligible debt financing, as well as the capacity of the program to adapt to state-by-state differences are as critical to all school districts in the Nation as is its funding level. The bill I am introducing today providing new flexibility to state and local efforts to finance new schools and repair older ones. The first provision provides for public school construction the same financing opportunities which are currently available in a wide variety of other public-need areas namely, airports, seaports, mass transit facilities, water and sewer facilities, solid waste, disposal facilities, qualified residential rental projects, local furnishing of electric energy and gas, heating and cooling facilities, qualified hazardous waste facilities, high-speed inter-city rail facilities and environmental enhancements, of hydroelectric generating facilities. In all of these 10 separate areas, the U.S. Congress has provided assistance in the financing through what is known as private activity bonds. This bill adds public schools in this list. Mr. President, this legislation was part of Senator Coverdell's A Plus Savings Account bill that was passed by the Senate earlier this session. Unfortunately, this important provision was eliminated by a House-Senate Conference Committee. Mr. President, we now have another chance to do something constructive for our public schools. A recent article in the Washington Post reported that education is one of the American people's highest priorities. It should be one of our highest priorities too. This legislation provides to each state the opportunity to issue tax- exempt private activity bonds to finance construction of public schools. These bonds would be administered at the state level, just as are the other 10 categories of private activity bonds. States containing school districts experiencing high growth would be allowed to issue bonds each year in an amount equal to $10 multiplied by the population of the state. For example, if a state with high-growth school districts has a population of 5 million, it could issue up to $50 million of bonds to finance school construction. A high-growth school district is one with an enrollment of at least 5,000 students and the enrollment has grown by at least 20 percent during the five years previous to the year of bond issue. According to the U.S. Department of Education, 286 school districts located throughout the Nation currently meet high-growth qualifications. This proposal puts decisionmaking at the local level. Each state would decide how to allocate its bonding authority among its high- growth school districts. The state or local education authority would enter into an agreement--with the most favorable terms it could negotiate--with a private corporation to build schools. The state would issue the bonds, but the private corporation would be responsible for servicing the debt on the bonds. The state or local education authority would then lease back the facility. Ownership of the facility would revert to the state or local education authority upon retirement of the bonds. There are multiple benefits to permitting states and local school districts to enter into partnerships with private corporations to build schools. First, this mechanism can reduce construction time. For example, it would take a school district issuing $4 million of general obligation bonds each year, using the traditional ``pay-as-you-go'' approach, about 11 years to finance the construction of three typical schools. The lease back mechanism permitted through the use of private activity bonds could result in building three schools within three years of issuing the bonds. Perhaps just as important, this arrangement would permit the use of facilities for other worthwhile purposes when school is not in session. The other component to this legislation provides relief to small or rural school districts issuing bonds for school construction. Under current law, issuers of school construction bonds worth less than $10 million are exempt from the arbitrage rebate rules. This bill raises that exemption to $15 million, providing relief from burdensome Federal regulations to even more school districts. Mr. President, I urge my colleagues to support these modest proposals to provide some much needed assistance to our public schools. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, I would like to agree and emphasize the remarks of my colleague. Unfortunately, there has been a debate over the status of these emitters which are presently at Eglin Air Force Base. Some believe the Base Closure and Realignment process mandated the relocation of these emitters. However, the BRAC also insisted that training requirements must be met. I believe these emitters should remain at Eglin to meet the warfighters training requirements until we can resolve this dispute. I believe this would be consistent with the BRAC direction.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, today I submit a resolution that designated October 11, 1998 as National Children's Day. Our children are our future. Over 5 million children, however, go hungry at some point each month. There has been a 60 percent increase in the number of children needing foster care in the last 10 years. Many children today face crises of grave proportions, especially as they enter their adolescent years. The establishment of a National Children's Day would help us focus on our children's needs and recognize their accomplishments. It would encourage families to spend more quality time together and highlight the special importance of the child in the family unit. It is important that we show our support for the youth of America. This simple resolution will foster family togetherness and ensure that our children receive the attention they deserve. I urge my colleagues to join me in establishing National Children's Day.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, thank you for the opportunity to address the Senate on the passage of the ``Commercial Space Act,'' introduced by Senator Mack and myself in November 1997. I am pleased this bill has passed today because it is critical in allowing United States launch companies to compete effectively in the growing commercial space race. Having already passed the House by a large margin, the Commercial Space Act needed to be considered by the Senate. I was pleased to work with my colleagues to ensure the future of our nation's high-tech economic frontier: commercial space. I speak to you today as a Senator concerned about both our national security and our nation's economic position. The United States cannot afford to descend into another ``launch gap.'' Our recent discussions over why U.S. satellites are being launched from China demands that the U.S. Senate act quickly to make the commercial launch environment in this country as progressive and productive as possible. When the space race began with the launch of Sputnik in October 1957, American citizens listened in indignation and fear as the first man- made satellite--a Soviet satellite--beeped its way around the earth. In the two decades that followed, an aggressive U.S. space program, both civil and military, brought our country back to its rightful lead in technology by putting a man on the moon and securing many other achievements in space. But there is no denying that today, the United States preeminence in commercial space is threatened. If you were to step back in time 30 years to the nation's premier launch facility, Cape Canaveral, you would have seen a forest of launch vehicles ready on the pads. Visit our launch facilities today and you will see under-utilized launch facilities while at the same time U.S. commercial companies struggle to develop new space vehicles under constraints of outdated laws and policies. A recent aerospace survey predicts over 2,000 satellites will be launched into earth orbit over the next decade. The good news is that the U.S. government and American companies may launch up to 65 percent of those payloads if the Commercial Space Act is implemented. The bad news is that many commercial satellite companies are already looking to foreign countries for launch services due to the restrictive environment in which they must operate in the United States and the lack of available launch vehicles. In other words, Mr. President, while our space industry is rapidly preparing for the 21st Century, federal policy in dealing with this important source of economic activity is stuck on the launch pad. The single most important provision of the Commercial Space Act is an amendment to the Commercial Space Launch Act of 1984 that gives the federal government the authority to license commercial space re-entry activities. In short: what goes up, must come down. Can you imagine the Wright Brothers flight at Kitty Hawk ever being made if the government told them, ``Sure you can fly it, just don't land.'' The way the law presently exists, commercial companies can launch but cannot land any vehicle returning from space. Only the U.S. government is allowed this privilege. This provision must be changed to allow the development of future generations of spacecraft, such as the Reusable Launch Vehicle. This is the business of space: providing services, repeat services, to entrepreneurs. We must regulate in an efficient and expeditious manner to support this growing market. That brings me to my next point: this bill, to borrow from Neil Armstrong, will take a giant leap in clarifying complex and sometimes divergent commercial space licensing requirements in federal agencies. By streamlining the regulations and licensing, we will allow commercial companies to raise capital, develop business plans, and create job opportunities that might otherwise go overseas. Mr. President, U.S. commercial space industry faces a number of competitors from abroad. The most serious are the Russian Proton, the Chinese Long March, and the European Space Agency Ariane rockets launched from French Guiana in South America. But this is not a comprehensive list. There are numerous competitors who would be more than happy to see the U.S. commercial launch industry locked in a web of regulations and limitations. I am proud to report that one thing our bill does not do is spend any new taxpayer dollars. As a policy bill, we are seeking to level the playing field without creating any new government programs. Our bill does require studies, but those studies will be accomplished using the existing resources of agencies involved and data that has already been collected. For instance, our legislation would require the Department of Defense to conduct an inventory of its range assets and determine what, if any, deficiencies exist. Much of this information is already available through existing Defense Department reports. Armed with this information, we can convert our nation's launch ranges back to the busiest space facilities in the world. But this legislation does more than just refrain from new spending. It actually saves money by allowing the conversion of excess ballistic missiles into space transportation vehicles. Due to the START treaty, these missiles can no longer be used for their original intended purpose. Furthermore, they are extremely expensive to store or destroy. By using these missiles as launch vehicles, the government will be able to launch small scientific and educational payloads that cannot afford the larger and more expensive rocket systems. This is a legal and efficient way to dispose of an expensive asset. Our Russian counterparts have been firing their missiles as opposed to spending money to destroy them. We will implement one more practical step by firing them with a payload. In closing, let me remind you of remarks that President John F. Kennedy made in the midst of the hotly contested space race. During one of his visits to Cape Canaveral, President Kennedy declared, ``We choose to go the moon in this decade and do the other things, not because they are easy, but because they are hard.'' As we consider this bill, we should all ponder that quote. It is not easy for the federal government to change the way it has done business for many years. It is hard; it is a challenge, for forward-thinking people both in and out of the government. But it is what we must do to protect our investment in the nation's economic future and our national pride. It is vital that we ensure our nation's position in the commercial space race of the 21st century. I thank the distinguished Chairman and Ranking Member of the Senate Commerce Committee Senator McCain and Senator Hollings, and the Chairman of the Science, Technology, and Space Subcommittee Senator Frist for supporting this legislation and guiding it through the Senate process.

Mr. GRAHAM

Mr. GRAHAM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. GRAHAM. Mr. President, I ask for the yeas and nays on my amendment.

Mr. GRAHAM. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. GRAHAM. Mr. President, I do not propose to have further debate on this matter now. I hope this amendment can be vitiated tomorrow because it will have been adopted or ready to be adopted in a form that would be submitted and supported by the managers of the bill.

Mr. GRAHAM. Mr. President, I appreciate the great courtesies that the Senator from Colorado and the Senator from Wisconsin have extended in terms of a series of amendments that relate to drug issues. It is my hope and expectation that before we come to closure on this matter, those various amendments will be combined in an amendment that will be supported by the managers of this bill. I am in a difficult situation, however, wanting to assure that in the unlikely event that that doesn't occur, the amendment that I propose to offer is protected. So in a minimum amount of time, I would like to offer the amendment. I ask unanimous consent that a letter from Mr. Robert Warshaw, the Associate Director of the Office of National Drug Control Policy, which outlines the severity of the situation in the region of central Florida, which is the subject of the amendment, be printed in the Record.