S6356 CONGRESSIONAL RECORD — SENATE May 9, 1995

certificated. To address this problem, I am

introducing the ‘‘Labor Relations First Contract Negotiations Act of 1995,’’ a bill which

will require the arbitration of initial contract negotiation disputes.

Under this Act, if an employer and a newly

elected representative have not reached a

collective bargaining agreement within 60

days of the representative’s certification, the

employer and the representative shall jointly select a mediator to help them reach an

agreement. If they cannot agree on a mediator, one will be appointed for them by the

Federal Medication and Conciliation Service.

In the even that the parties do not reach an

agreement in 30 days, the remaining issues

may be transferred to the Federal Medication and Conciliation Service for binding arbitration.

The Federal government can do more to

sanction firms that demonstrate a pattern

and practice of National Labor Relations Act

violations. By debarring such firms from

Federal contracts, the ‘‘Federal Contractor

Labor Relations Enforcement Act of 1995’’

will encourage higher levels of compliance

with the law.

Under the Act, firms that are determined

by the Secretary of Labor to have shown a

clear pattern the practice of NLRA violations will be debarred from receiving contracts, extensions of contracts, or modifications of existing contracts with agencies of

the Federal government for a period of three

years.

Similarly, the ‘‘Federal Contractor Safety

and Health Enforcement Act of 1995’’ directs

the Secretary of Labor to withhold Federal

contracts in cases where firms show a clear

pattern and practice of Occupational Safety

and Health Act violations. This Act will help

to ensure that employees who repeatedly disregard the safety and health of their workers

will face consequences for their failure to

abide by the law.

The ‘‘Labor Relations Remedies Act of

1995’’ protects workers by making it unlawful for an employer to discharge an employee

for exercising rights protected under the National Labor Relations Act. The Act also directs the National Labor Relations Board to

award additional damages in the event that

it finds that an employee has of his right to

sue for punitive damages and damages under

any other state or Federal law.

The ‘‘National Labor Relations Board ruling Time Limit Act of 1995’’ will require that

employees receive a prompt ruling on claims

of wrongful discharge. The Act provides that

the National Labor Relations Board shall

rule on wrongful discharge complaints within thirty days of receiving them.

I am also introducing legislation today

that will address the problem of law firms

and consulting firms that stray over the line

into counseling their clients to implement

illegal policies or practices. Under the ‘‘National Labor Relations penalty Act’’ persons

or firms who encourage an employer or a

labor organization to violate the National

Labor Relations Act will be subject to a fine

of up to $10,000.

By Mr. PACKWOOD:

S. 785. A bill to require the trustees

of the Medicare trust funds to report

recommendations on resolving projected financial imbalance in Medicare

trust funds; to the Committee on Finance.

MEDICARE LEGISLATION

Mr. PACKWOOD. Mr. President, the

1995 annual reports of the trustees on

the status of the two Medicare trust

funds, released on April 3, 1995, raise

serious concerns about future financial

viability of the Medicare Program.

The trustees conclude that the Federal hospital insurance trust fund—

called Medicare part A:

First, has taken in less in Medicare

payroll taxes than it has paid out in

Medicare benefits every year since 1992;

Second, starts having to liquidate assets next year, 1996; and

Third, will run out of money by the

year 2002.

The status of the supplemental medical insurance trust fund—called Medicare part B—is not much better. The

trustees ‘‘note with great concern the

past and projected rapid growth in the

cost of the program.’’

Four Cabinet members of this administration are trustees of the Medicare

trust funds—the Secretary of the

Treasury, the Secretary of Labor, the

Secretary of Health and Human Services, and the Commissioner of the Social Security Administration. These

Cabinet members all signed the 1995

trustee report, agreeing with the conclusions that the Medicare trust fund

is in serious financial trouble.

But this administration refuses to

become engaged in proposing any solutions. Repeatedly, the President and

his Cabinet members have said they

are waiting for the Republicans’ budget

resolution before they offer any suggestions to save Medicare.

In my memory, this is the first time

an administration has so completely

refused to be a part of the budget process. The administration claims to have

done its part because it submitted its

1996 budget to the Congress. However,

the President’s 1996 budget leaves Medicare virtually untouched. Medicare

proposals in that budget do not even do

enough to delay Medicare insolvency

for 1 year.

The financial problems of the Medicare Program are real. They exist regardless of whether or not there is a

budget resolution, or the content of a

budget resolution. We simply cannot

avoid addressing this issue, and the

sooner the better.

Today, I am introducing a bill requiring the trustees of the Medicare trust

funds to report back to Congress by

June 30, 1995, with their recommendations for the specific program legislation to deal with Medicare’s financial

condition that they call for in their

1995 annual reports on the Medicare

trust funds. This is an urgent responsibility of this administration and they

must come forward with initiatives so

that we can preserve the Medicare Program, not only for future generations,

but for our current senior population.

I ask unanimous consent that the bill

be printed in the CONGRESSIONAL

RECORD.

There being no objection, the bill was

ordered to be printed in the RECORD as

follows:

S. 785

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

Congress assembled,

SECTION 1. TRUSTEES’ CONCLUSIONS REGARDING FINANCIAL STATUS OF MEDICARE TRUST FUNDS.

(A) HI TRUST FUND.—The 1995 annual report of the Board of Trustees of the Federal

Hospital Insurance Trust Fund, submitted on

April 3, 1995, contains the following conclusions respecting the financial status of such

Trust Fund:

(1) Under the Trustees’ intermediate assumptions, the present financing schedule

for the hospital insurance program is sufficient to ensure the payment of benefits only

over the next 7 years.

(2) Under present law, hospital insurance

program costs are expected to far exceed revenues over the 75-year long-range period

under any reasonable set of assumptions.

(3) As a result, the hospital insurance program is severely out of financial balance and

the Trustees believe that the Congress must

take timely action to establish long-term financial stability for the program.

(b) SMI TRUST FUND.—The 1995 annual report of the Board of Trustees of the Federal

Supplementary Medical Insurance Trust

Fund, submitted on April 3, 1995, contains

the following conclusions respecting the financial status of such Trust Fund:

(1) Although the supplementary medical

insurance program is currently actuarially

sound, the Trustees note with great concern

the past and projected rapid growth in the

cost of the program.

(2) In spite of the evidence of somewhat

slower growth rates in the recent past, overall, the past growth rates have been rapid,

and the future growth rates are projected to

increase above those of the recent past.

(3) Growth rates have been so rapid that

outlays of the program have increased 53 percent in aggregate and 40 percent per enrollee

in the last 5 years.

(4) For the same time period, the program

grew 19 percent faster than the economy despite recent efforts to control the costs of

the program.

SEC. 2. RECOMMENDATIONS ON RESOLVING PROJECTED FINANCIAL IMBALANCE IN

MEDICARE TRUST FUNDS.

(a) REPORT.—Not later than June 30, 1995,

the Board of Trustees of the Federal Hospital

Insurance Trust Fund and the Board of

Trustees of the Federal Supplementary Medical Insurance Trust Fund shall submit to

the Congress recommendations for specific

program legislation designed solely—

(1) to control medicare hospital insurance

program costs and to address the projected

financial imbalance in the Federal Hospital

Insurance Trust Fund in both the shortrange and long-range; and

(2) to more effectively control medicare

supplementary medical insurance costs.

(b) USE OF INTERMEDIATE ASSUMPTIONS.—

The Boards of Trustees shall use the intermediate assumptions described in the 1995

annual reports of such Boards in making recommendations under subsection (a).

ADDITIONAL COSPONSORS

fS. 16

At the request of Mr. ROCKEFELLER,

his name was added as a cosponsor of

S. 16, a bill to establish a commission

to review the dispute settlement reports of the World Trade Organization,

and for other purposes.

S. 256

At the request of Mr. DOLE, the name

of the Senator from California [Mrs.

FEINSTEIN] was added as a cosponsor of

S. 256, a bill to amend title 10, United

States Code, to establish procedures for
May 9, 1995 CONGRESSIONAL RECORD — SENATE S6357

determining the status of certain missing members of the Armed Forces and

certain civilians, and for other purposes.

S. 354

At the request of Mr. BREAUX, the

name of the Senator from Mississippi

[Mr. LOTT] was added as a cosponsor of

S. 354, a bill to amend the Internal

Revenue Code of 1986 to provide tax incentives to encourage the preservation

of low-income housing.

S. 469

At the request of Mr. GREGG, the

name of the Senator from North Carolina [Mr. FAIRCLOTH] was added as a cosponsor of S. 469, a bill to eliminate the

National Education Standards and Improvement Council and opportunity-tolearn standards.

S. 471

At the request of Mr. BIDEN, the

names of the Senator from Hawaii [Mr.

AKAKA] and the Senator from Nevada

[Mr. BRYAN] were added as cosponsors

of S. 471, a bill to provide for the payment to States of plot allowances for

certain veterans eligible for burial in a

national cemetery who are buried in

cemeteries of such States.

S. 495

At the request of Mrs. KASSEBAUM,

the names of the Senator from Utah

[Mr. BENNETT], the Senator from South

Dakota [Mr. PRESSLER], and the Senator from Indiana [Mr. LUGAR] were

added as cosponsors of S. 495, a bill to

amend the Higher Education Act of

1965 to stabilize the student loan programs, improve congressional oversight, and for other purposes.

S. 508

At the request of Mr. MURKOWSKI, the

name of the Senator from Mississippi

[Mr. LOTT] was added as a cosponsor of

S. 508, a bill to amend the Internal

Revenue Code of 1986 to modify certain

provisions relating to the treatment of

forestry activities.

S. 615

At the request of Mr. AKAKA, the

name of the Senator from North Dakota [Mr. DORGAN] was added as a cosponsor of S. 615, a bill to amend title

38, United States Code, to require the

Secretary of Veterans Affairs to furnish outpatient medical services for

any disability of a former prisoner of

war.

S. 641

At the request of Mr. KENNEDY, the

name of the Senator from Delaware

[Mr. BIDEN] was added as a cosponsor of

S. 641, a bill to reauthorize the Ryan

White CARE Act of 1990, and for other

purposes.

S. 674

At the request of Mr. EXON, the name

of the Senator from New Jersey [Mr.

LAUTENBERG] was added as a cosponsor

of S. 674, a bill entitled the ‘‘Rail Investment Act of 1995’’.

S. 738

At the request of Mr. THOMAS, the

name of the Senator from Virginia [Mr.

WARNER] was added as a cosponsor of S.

738, a bill to amend the Helium Act to

prohibit the Bureau of Mines from refining helium and selling refined helium, to dispose of the United States

helium reserve, and for other purposes.

S. 749

At the request of Mr. AKAKA, the

name of the Senator from North Dakota [Mr. DORGAN] was added as a cosponsor of S. 749, a bill to amend title

38, United States Code, to revise the

authority relating to the Center for

Women Veterans of the Department of

Veterans Affairs, and for other purposes.

SENATE CONCURRENT RESOLUTION 9

At the request of Mr. MURKOWSKI, the

name of the Senator from Oklahoma

[Mr. NICKLES] was added as a cosponsor

of Senate Concurrent Resolution 9, a

concurrent resolution expressing the

sense of the Congress regarding a private visit by President Lee Teng-hui of

the Republic of China on Taiwan to the

United States.

SENATE RESOLUTION 83

At the request of Mr. FEINGOLD, the

name of the Senator from Illinois [Ms.

MOSELEY-BRAUN] was added as a cosponsor of Senate Resolution 83, a resolution expressing the sense of the Senate regarding tax cuts during the 104th

Congress.

SENATE RESOLUTION 97

At the request of Mr. THOMAS, the

names of the Senator from Delaware

[Mr. ROTH] and the Senator from Hawaii [Mr. INOUYE] were added as cosponsors of Senate Resolution 97, a resolution expressing the sense of the Senate with respect to peace and stability

in the South China Sea.

SENATE RESOLUTION 103

At the request of Mr. DOMENICI, the

name of the Senator from Rhode Island

[Mr. PELL] was added as a cosponsor of

Senate Resolution 103, a resolution to

proclaim the week of October 15

through October 21, 1995, as National

Character Counts Week, and for other

purposes.

AMENDMENT NO. 709

At the request of Mr. GORTON the

name of the Senator from Indiana [Mr.

COATS] was added as a cosponsor of

amendment No. 709 proposed to H.R.

956, a bill to establish legal standards

and procedures for product liability

litigation, and for other purposes.

SENATE RESOLUTION 117—RELATING TO DEDUCTIONS FOR HOME

fMORTGAGES

Mr. ROTH (for himself, Mr. D’AMATO,

and Mr. KEMPTHORNE) submitted the

following resolution; which was referred to the Committee on Finance:

S. RES. 117

Whereas homeownership is an important

factor in promoting economic security and

stability for American families;

Whereas homeownership is a fundamental

American ideal, which promotes social and

economic benefits beyond the benefits that

accrue to the occupant of the home;

Whereas homeownership promotes and stabilizes neighborhoods and communities;

Whereas it is proper that the policy of the

Federal Government is and should continue

to be to encourage homeownership;

Whereas the increase in the cost of housing

over the last 10 years has been greater than

the increase in family income;

Whereas for the first time in 50 years, the

percentage of people in the United States

owning their own homes has declined;

Whereas the percentage of people in the

United States between the ages of 25 and 29

who own their own homes has declined from

43 percent in 1976 to 38 percent today;

Whereas the current Federal income tax

deduction for interest paid on debt secured

by first homes located in the United States

has been a valuable cornerstone of this Nation’s housing policy for most this century

and may well be the most important component of housing-related tax policy in America today;

Whereas the current Federal income tax

deduction for interest paid on debt secured

by second homes located in the United

States is of crucial importance to the economies of many communities; and

Whereas the Federal income tax deduction

for interest paid on debt secured by a first or

second home has been limited twice in the

last 6 years, and was further eroded as a result of the Omnibus Budget Reconciliation

Act of 1990: Now, therefore, be it

Resolved, That it is the sense of the Senate

that the current Federal income tax deduction for interest paid on debt secured by a

first or second home located in the United

States should not be further restricted.

Mr. ROTH. Mr. President, of the

challenges confronting America

today—challenges that must be addressed by this Congress—the security

of the American family is paramount.

Much has been written and spoken

about the welfare of family life, about

the need to keep the family unit strong

in our effort to secure a bright and productive American future.

One of the significant resources our

families have is home ownership. Indeed, this resource is of such value that

home ownership is considered the icon

of the American dream. It lends to economic, physical, and emotional security. It keeps our neighborhoods strong

and contributes to a necessary sense of

community. It gives families not only

a stake in the future, but a means to

improve the future. Home equity and

ownership often become the means by

which we send our children to college,

finance small businesses, or prepare for

retirement.

It’s clear that the benefits of home

ownership go far beyond the family;

they contribute to society as a whole.

For example, the property tax base is

often the foundation for public education. And as a Nation we have been

richly rewarded by the Government

policies that have encouraged people to

realize the American dream.

What concerns me today, Mr. President, is that a full 60 percent of Americans can no longer afford a medianpriced home. It concerns me that the

increase in the cost of housing over the

last 10 years has been greater than the

increase in family income. And it concerns me that for the first time in 50

years, the percentage of people in the

United States owning their own homes

has declined.