The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Department of Interior was published in the Senate section on pages S5443-S5449 on May 21, 1996.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KENNEDY (for himself and Mr. Kerry):
S. 1785. A bill to establish in the Department of the Interior the Essex National Heritage Area Commission, and for other purposes; to the Committee on Energy and Natural Resources.
the essex national heritage area act of 1996
Mr. KENNEDY. Mr. President, Senator Kerry and I are introducing legislation today to establish the Essex Heritage District and Commission. The purpose of our legislation is to preserve for future generations the unique historic, cultural, and natural resources of Essex County, MA. A companion bill has been introduced in the House of Representatives by Congressmen Peter Torkildsen and Martin Meehan.
Essex County is the site of many historical events that have profoundly influenced the course of American history over the past 350 years. Concentrated in this area of less than 500 square miles are more than 8,300 National Register properties and 23 national historic landmarks related to the early settlement of the United States, the country's emergence as a major maritime power, and its subsequent industrial development.
The historic sites include many examples of nationally significant early architecture, including some of the finest examples of Georgian and Federal architecture to be found in the United States. Also still intact are 17th century marshland farms and rural home sites clustered around original commons. Active harbors have been in continuous use since the 17th century. Local shipyards, lighthouses, and distinctive maritime communities exemplify 18th century life. The first integrated iron works in America are still in operation under the auspices of the National Park Service. Textile mill villages and ``10-foot'' shops where shoes were made and sold in 10-foot-by-10-foot rooms still remain largely as they were in the 19th century.
Essex County also has extensive natural and scenic resources--
marshlands, beaches, harbors, rocky farmlands, and islands--which amply demonstrate why maritime pursuits and water-powered industrial development first began here.
At the heart of this region lies the city of Salem. It was settled in 1626, 6 years after the Pilgrims landed in Plymouth. It became one of the most active ports in the United States in the 18th century, conducting trade throughout the world and opening many new markets for imports and exports. Salem retains a wealth of resources from this period, including one of the country's few remaining colonial-period wharves; classic 17th century structures; four major historic districts encompassing thousands of facilities which preserve Salem as it appeared in the late 18th century; the internationally renowned Peabody Essex Museum, containing major collections of maritime art and history. Chinese export wares and early anthropological collections; and many historic buildings associated with the life and work of one of America's most famous authors, Nathaniel Hawthorne.
Salem also has many homes, meeting sites, and cemeteries associated with the notorious witchcraft trials of 1692, which serve to remind residents and visitors alike of the dangers of witch hunts and the importance of the individual rights built into our Constitution a century later.
The purpose of our legislation is to preserve these extraordinary resources and make them available to the public. The Commission will carry out the mission proposed in the Salem Project, a report issued by the National Park Service in January 1990, which suggested a broadening of Federal recognition beyond the boundaries of Salem itself, to take into account the shared historic themes formed throughout Essex County.
The success of the preservation effort at Salem Maritime National Historic Site, the oldest such site in the country, established in 1938, has encouraged local initiatives in many of the surrounding communities. Our legislation will build on that local interest by providing a management framework for the preservation efforts of these various jurisdictions. Our goal is to protect and preserve these nationally significant resources in ways that present a unified interpretive story for visitors, so that they can readily understand the relationships among the historic sites throughout the county. The Commission will provide guidance to local communities and the State to ensure that the goal is achieved. Our bill does not propose major Federal land acquisition or a Federal bureaucracy. Its modest Federal involvement will help local efforts to proceed smoothly.
The success of the Essex Heritage District and Commission depends on broad-based support and participation by private citizens, businesses, nonprofit institutions and local, regional, and State governments. The majority of funds to implement the countywide recommendations in the National Park Service report is expected to come from the private sector and local sources.
Salem has demonstrated how successful this approach can be. In the past 8 years, Federal appropriations of $24 million for Salem Maritime National Historic Site have led to more than $150 million in private, municipal, and State investments in projects which relate to the proposed Essex Heritage District. For example, the Peabody Essex Museum has planned a $75 million expansion which will include renovation of the Salem Armory building that now houses the Regional Visitor Center run by the Park Service. The city of Salem is also planning an $18 million expansion of its port facilities, and has successfully pursued matching funds for the reconstruction of the 18th century merchant ship Friendship.
At the county level, an Essex Heritage Commission, comprised of 46 volunteer members from the private sector and municipal and State governments, is already well underway toward developing an action plan for regional trails and exhibits. This fall, the Commission plans to install a regional signage system on the Federal and State highways to serve as a magnet and bring people into the Essex Heritage Area District. Many community officials, board members, and representatives from other preservation and environmental organizations are providing valuable assistance and coordination. But there is much more to be done, and it is time for the Federal Government to play a role in this promising endeavor.
Its success so far has been based on the ability of people with many different perspectives to work together. This legislation will help them go forward in effective and efficient ways, as they work to bring the region together and preserve these magnificent historical resources for the enjoyment of generations to come. I urge my colleagues to support this important initiative.
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. 1785
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 ``Essex National Heritage Area Act of 1996.''
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) Essex County, Massachusetts, was host to a series of historic events that influenced the course of the early settlement of the United States, its emergence as a maritime power, and its subsequent industrial development;
(2) the North Shore of Essex County and the Merrimack River valley in Essex County contain examples of significant early American architecture and significant Federal-period architecture, many sites and buildings associated with the establishment of the maritime trade in the United States, the site of the witchcraft trials of 1692, the birthplace of successful iron manufacture, and the establishment of the textile and leather industries in and around the cities of Peabody, Beverly, Lynn, Lawrence, and Haverhill;
(3) Salem, Massachusetts, has a rich heritage as one of the earliest landing sites of the English colonists, the first major world harbor for the United States, and an early thriving hub of American industries;
(4) the Saugus Iron Works National Historic Site is the site of the first sustained, integrated iron works in Colonial America, and the technology employed at the Iron Works was dispersed throughout the Colonies and was critical to the development of industry and technology in America;
(5) the Salem Maritime National Historic Site contains nationally significant resources that explain the manner in which the Nation was settled, its evolution into a maritime power, and its development as a major industrial force;
(6) the story told at the Salem Maritime and Saugus Iron Works National Historic Sites would be greatly enhanced through the interpretation of significant theme-related resources in Salem and Saugus and throughout Essex County;
(7) partnerships between the private and public sectors have been created and additional partnerships will be encouraged to preserve the rich cultural heritage of the region, which will stimulate cultural awareness, preservation, and economic development through tourism;
(8) a visitors' center that has already been constructed at Salem Maritime National Historic Site in Salem, Massachusetts, will be available to interpret the themes of the Essex National Heritage Area established by this Act and to coordinate the interpretive and preservation activities of the Area; and
(9) the resident and business communities of the region have formed the Essex Heritage Ad Hoc Commission for the preservation, interpretation, promotion, and development of the historic, cultural, and natural resources of the region and are investing significant private funds and energy to develop a plan to preserve the nationally significant resources of Essex County.
(b) Purpose.--It is the purpose of this Act--
(1) to establish the Essex National Heritage Area and the Essex National National Heritage Area Commission, representing all concerned levels of government, to recognize, preserve, promote, interpret, and make available for the benefit of the public the historic, cultural, and natural resources of the North Shore and lower Merrimack River valley in Essex County, Massachusetts, which encompass the three primary themes of the Salem Maritime National Historic Site and Saugus Iron Works National Historic Site
(the histories of early settlement, maritime trade, and the textile and leather industries);
(2) to implement the appropriate alternative as described in the document entitled ``The Salem Project: A Study of Alternatives'', dated January 1990, within the boundaries of Essex County; and
(3) to provide a management framework to assist the Commonwealth of Massachusetts and its units of local government in the development and implementation of an integrated cultural, historical, and land resource management program in order to retain, enhance, and interpret the significant values of the lands, waters, and structures located in the Essex National Heritage Area.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Essex National Heritage Area Commission established by section 201.
(2) The term ``Area'' means the Essex National Heritage Area established by section 101.
(3) The term ``Secretary'' means the Secretary of the Interior.
TITLE I--ESSEX NATIONAL HERITAGE AREA
SEC. 101. DESIGNATION OF NATIONAL HERITAGE AREA.
(a) Designation.--For the purpose of preserving and interpreting, for the educational and inspirational benefit of present and future generations, the unique and significant contributions to our national heritage of certain historic and cultural lands, natural waterways, and structures within the County of Essex in the Commonwealth of Massachusetts, there is hereby established the Essex National Heritage Area.
(b) Boundaries.--The Area shall comprise the lands generally depicted on the map numbered NAR-51-80,000 and dated August 1994. The map shall be on file and available for public inspection in the office of the Director of the National Park Service.
(c) Administration.--The Area shall be administered in accordance with the provisions of this Act.
TITLE II--ESSEX NATIONAL HERITAGE AREA COMMISSION
SEC. 201. ESTABLISHMENT.
(a) In General.--To carry out the purpose of this Act there is hereby established in the Department of the Interior the Essex National Heritage Area Commission. The Commission shall exercise the responsibilities and authorities conferred on the Commission by this title with respect to the Area. The Commission shall consist of 33 members (including ex officio members), appointed by the Secretary, as follows:
(1) Five members appointed from recommendations submitted by the Governor of Massachusetts, of which one shall represent the interests of the Massachusetts Historical Commission, one shall represent the Executive Office of Environmental Management, one shall represent the Massachusetts Executive Office of Transportation and Highways, one shall represent the Executive Office of Administration and Finance, and one shall represent the Executive Office of Communities and Development.
(2) Eleven members representing the interests of local government, appointed from recommendations submitted as follows:
(A) One each from recommendations submitted by the mayors of the cities of Peabody, Salem, Lynn, Lawrence, Haverhill, Newburyport, Beverly, and Gloucester.
(B) Three representing the towns of Essex County, from recommendations submitted by the Essex County Advisory Board.
(3) Eight members representing local business, nonprofit organizations, and other nongovernmental groups, appointed from recommendations submitted as follows:
(A) Two from recommendations submitted by the Salem Partnership.
(B) One each from recommendations submitted by the Lynn Business Partnership, the Greater Haverhill Chamber of Commerce, the Cape Ann Chamber of Commerce, the Merrimack Valley Chamber of Commerce, the North Shore Chamber of Commerce, and the Society for the Preservation of New England Antiquities.
(4) Three members representing nonprofit organizations which have significant interests and resources located in the Area, from recommendations submitted as follows:
(A) One from recommendations submitted by the Peabody Essex Museum, to represent the interests of major museums.
(B) One from recommendations submitted by the Essex County Greenbelt Association, to represent the interests of the natural resources of the Area.
(C) One from recommendations submitted by the President of Salem State College, to represent the interests of institutions of higher education.
(5) The Director of the National Park Service, ex officio, or the delegate of the Director, the superintendent of the Salem Maritime National Historic Site, ex officio, or the delegate of the superintendent, and the superintendent of the Saugus Ironworks National Historic Site, ex officio, or the delegate of the superintendent.
(6) One member recommended by the Representative to the Congress from the Fifth Congressional District of Massachusetts.
(7) Two members recommended by the Representative to the Congress from the Sixth Congressional District of Massachusetts.
(b) Terms.--The term of appointed members of the Commission shall be 3 years, except as provided in subsection (d).
(c) Chairperson.--The Commission shall elect a chairperson from among its members. The term of office of the chairperson shall be 2 years.
(d) Vacancy.--Any member of the Commission appointed for a definite term may serve after the expiration of his term until his successor is appointed. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. The term of any member appointed to fill a vacancy shall be the remainder of the term for which the member's predecessor was appointed.
(e) Quorum.--A simple majority of Commission members shall constitute a quorum.
(f) Meetings.--The Commission shall meet at the call of the chairperson or a majority of its members, but not less than quarterly.
(g) Compensation.--Members of the Commission shall serve without compensation, except as otherwise provided in this subsection. Members of the Commission may receive travel expenses (including per diem in lieu of subsistence) when engaged in Commission business, in accordance with section 5703, title 5, United States Code, in the same manner as persons employed intermittently.
SEC. 202. STAFF OF THE COMMISSION.
(a) Staff.--(1) The Commission shall have the power to appoint and fix the compensation of such staff as may be necessary to carry out its duties.
(2) Staff appointed by the Commission--
(A) shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive services; and
(B) shall be paid in accordance with the provisions of chapter 51 of title 5, United States Code, and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
(b) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure services of experts and consultants to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable.
(c) Staff and Other Agencies.--(1) Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out the Commission's duties.
(2) The Commission may accept the services of personnel detailed from the Commonwealth of Massachusetts (and any political subdivision thereof) and may reimburse the Commonwealth or political subdivision for the services.
(d) Administrative Support.--The Administrator of the General Services Administration shall provide to the Commission such administrative support services as the Commission may request, on a reimbursable basis.
SEC. 203. POWERS OF THE COMMISSION.
(a) In General.--The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable.
(b) Bylaws.--The Commission may make such bylaws, rules and regulations, consistent with this Act, as it considers necessary to carry out its functions under this title.
(c) Delegation.--When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.
(d) Technical Advisory Groups.--The Commission may establish and appoint one or more technical advisory groups and subcommittees to provide technical advice to the Commission with respect to issues including, but not limited to, financing, historic preservation, natural resource preservation, recreation, tourism, or intergovernmental coordination.
(e) Gifts.--Notwithstanding any other provision of law, the Commission may seek, accept, and dispose of donations of funds, property, or services from individuals, from foundations, corporations, and other private entities, and from public entities, for the purpose of carrying out its duties.
(f) Funds From Other Sources.--The Commission may use its funds to obtain money from any source under any program or law, including a program or law requiring the recipient of such money to make a contribution in order to receive such money.
(g) Mail.--The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
(h) Obtaining Property, Facilities and Services.--The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties. The Commission may acquire real property, or interests in real property, in the Area only by gift, by rental, or by purchase from a willing seller with money which was given, bequeathed, or appropriated to the Commission on the condition that such money would be used to purchase real property, or interests in real property, in the Area.
(i) Advisory Groups.--The Commission may establish such advisory groups as the Commission deems necessary to ensure open communication with, and assistance from, the Commonwealth of Massachusetts, political subdivisions of the Commonwealth of Massachusetts, and interested persons.
(j) Cooperative Agreements.--The Commission may enter into cooperative agreements with the Secretary, the Commonwealth of Massachusetts, any political subdivision of the Commonwealth, or any person.
SEC. 204. FUNCTIONS OF THE COMMISSION.
(a) In General.--The Commission is authorized to--
(1) coordinate activities of and establish cooperative agreements with Federal, State, and local governments and private businesses and organizations in order to further historic preservation, cultural conservation, natural area protection, and compatible revitalization with respect to the Area;
(2) establish guidelines and standards for projects and prepare programs and exhibits, consistent with standards established by the National Park Service for preservation of historic properties (including standards regarding interpretive methods), that will further the recognition, preservation, promotion, interpretation, and economic revitalization of the historic and natural resources in the Area;
(3) provide advice and assistance in preparation of loan or grant applications to the Commission and applications for loan or grants from Federal or non-Federal sources in furtherance of the purpose of this Act;
(4) make loans and grants, from funds appropriated for that purpose or from funds donated or otherwise made available to the Commission, for the purpose of conserving and protecting sites, buildings, resources, and objects which are included or eligible for inclusion on the National Register of Historic Places or for the purposes of providing educational and cultural programs which encourage appreciation of the resources of the Area; and
(5) implement the study report prepared by the Essex Heritage Ad-Hoc Commission.
(b) Annual Reports.--
(1) Reports by commission.--The Commission shall submit an annual report to the Secretary setting forth its expenses and income and the entities to which any loans and grants were made by the Commission during the year for which the report is made.
(2) Reports by secretary.--The Secretary shall submit an annual report to the Congress describing the loans, grants, and technical assistance provided under this Act. The report shall specify the amount, recipient, and purpose of any loan, grant, or technical assistance so provided, and shall include an analysis of the adequacy of actions taken during the year the report concerns to preserve, protect, and interpret the significant sites, buildings, and objects within the Area. The report shall describe the anticipated funds and personnel to be made available by the Secretary during the fiscal year following the year the report concerns to implement the provisions of this Act.
(c) Cost Estimates.--Prior to making any grant or loan, the Commission shall require detailed cost estimates to be prepared for the project to be funded. Within 1 year after the date of the enactment of this Act, the Commission shall submit to the appropriate committees of the Congress detailed cost estimates for the projects for which, at the time the report is submitted, the Commission has made, has agreed to make, or plans to make a grant or loan under this Act.
SEC. 205. DUTIES OF THE SECRETARY.
(a) In General.--To carry out the purpose of this Act, the Secretary shall assist the Commission in preparing such studies and plans as the Secretary considers appropriate and in implementing the recommendations contained in study report prepared by the Essex Heritage Ad-Hoc Commission. The Secretary is authorized to enter into agreements with the Commission or with any owner of property with national historic or cultural significance within the Area for the purpose of facilitating public use and enjoyment of such resources or to otherwise further the objectives of the Commission. Any such agreement shall provide whenever appropriate that--
(1) the public may have access to such resources at specified, reasonable times for the purpose of viewing the property or exhibits or attending programs or other activities, as may be appropriate;
(2) the Secretary may make improvements to such resources as the Commission or the Secretary deem necessary to enhance the public use and enjoyment of the resources, or to render such property usable by the Secretary, the Commission, or any person for the purpose of this Act; and
(3) the Secretary may occupy, utilize, and acquire easements or leasehold interests in resources as required to implement the programs and purpose of this Act.
(b) Technical Assistance.--The Secretary shall provide, upon request, technical assistance to the Commission to assist the Commission in the performance of its powers and functions as authorized under this Act. The Secretary may provide to any owner of property within the Area, to the Commonwealth of Massachusetts, to the City of Salem and other participating municipalities, to any other Federal or State entity, to any institution, or to any person such technical assistance as the Secretary considers appropriate to carry out the purpose of this Act.
SEC. 206. EXPIRATION.
(a) In General.--The Commission shall cease to exist 10 years after the date of the enactment of this Act.
(b) Successor Entity.--The Commission shall assist, if appropriate, in the establishment of a nonprofit management entity, exempt from income taxes under section 501(c)(3) of the Internal Revenue Code of 1986, to continue as necessary the functions of the Commission and the management of the Area upon the expiration of the Commission.
(c) Property or Funds Remaining.--Any property or funds of the Commission remaining upon the expiration of the Commission shall be transferred to the nonprofit management entity referred to in subsection (b), if such an entity exists and is willing to accept the transfer. If such an entity does not exist or is not willing to accept such transfer, the property or funds referred to in the preceding sentence shall be transferred to the Treasury of the United States, to a State or local government agency, or to any combination thereof, as determined by the Commission or, if the Commission fails to so determine and such an entity exists, by the nonprofit management entity referred to in subsection (b).
SEC. 207. PRIVATE PROPERTY.
No privately owned property shall be included within the boundaries of the Area unless the government of the county, city, or town in which the property is located agrees to be so included and submits notification of such agreement to the Secretary.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act.
Mr. KERRY. Mr. President, I am pleased to join, once again, with my colleague from Massachusetts, Senator Kennedy, in introducing legislation to create the Essex Heritage District and Commission with the goal of preserving the unique resources of Essex County, MA for future generations.
Essex County, which stretches through Massachusetts' North Shore communities into the Merrimac River Valley and up to the New Hampshire border, represents a mural of American history with its architecture, industry, and culture. Within a county of only 500 square miles, there are nearly 80 historic districts which offer more examples of nationally significant early American architecture than any other place in the Nation. Included among these historical structures are 17th century marshland farms, rural homes, cemeteries, and original town commons. The shoreline of Essex County contains shipyards, lighthouses, and harbors that have been active since the 17th century.
Together, these sites form a panorama of our Nation's development as a maritime and industrial power. In the 18th century, this region became a mecca for American trade, a hub for trading goods with the other great trading nations. In response, the region flourished as a manufacturing center, which led to the establishment and growth of the textile and leather industries in the Merrimac River Valley towns of Peabody, Lawrence, Beverly, and Haverhill. The history of this growth is evident today in the textile mill villages, the first sustained integrated iron works site, and one of the most significant planned manufacturing cities in the country, all of which remain largely intact today.
At the heart of all this activity is the city of Salem. While Salem is famous in the history books and in American lore as the site of the 1692 witch trials, it is equally important as an early landing point for some of the first English colonists and as one of the most active ports of the 18th century. An amazing number of these historical resources remain intact including a colonial period wharf and 17th and 18th century structures exemplifying Puritan society.
A tour through the historic districts of Essex County is a visual lesson in this important period of our Nation's past. We are lucky that so many of these historical resources remain to provide such a detailed record and we must work to ensure their continued protection through the creation of the Essex Heritage District Commission. The Commission, which would be authorized for 10 years, would provide the long-term commitment that is needed to bring about the success of this project. Of course, the primary mission would be preservation, but more than this, the Commission will take individually preserved resources and link them through a unified interpretive story of this region and its place in our Nation's history.
While the Commission will be chartered by Federal legislation, it will not be a project managed by the Federal Government nor will it require major Federal land acquisition. Instead, the Commission will be comprised primarily of delegates from the State and local governments, nonprofit organizations, and private citizens and business interests from the participating communities.
This approach should prove very successful based upon the past efforts at the Salem Maritime National Historic Site which has leveraged significant local support from the surrounding communities. For example, in the past 8 years, Federal appropriations of $24 million for the Salem Maritime Site have leveraged more than $150 million in non-Federal investments in Essex Heritage District projects, including support for the planned $75 million expansion of the Peabody Essex Museum which will include renovation of the Salem Armory building that now houses the Regional Visitor Center run by the National Park Service.
Our bill would create a system under which various community groups can come together to develop their own goals by combining historic and resource preservation with economic concerns. The preservation activities which have already begun in Essex County have enhanced the region as visitor attractions for its historic sites, its picturesque scenery, and its desirability as a place to live and do business. I hope the Senate will act to ensure this success through swift and positive action on this bill.
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By Mr. WELLSTONE:
S. 1786. A bill to require the Secretary of Veterans Affairs and the Secretary of Health and Human Resources to carry out a demonstration project to provide the Department of Veterans Affairs with reimbursement from the Medicare Program for health care services provided to certain Medicare-eligible veterans; to the Committee on Finance.
VA HEALTH CARE ELIGIBILITY LEGISLATION
Mr. WELLSTONE. Madam President, I am pleased and honored to introduce legislation which I believe will demonstrate the cost effectiveness and feasibility of Medicare subvention funding to the Department of Veterans Affairs [VA] for treatment of some Medicare-eligible veterans at VA medical facilities. This legislation would authorize a demonstration project of Medicare subvention whereby Medicare would reimburse VA for delivering health care to some veterans age 65 and over.
My legislation would authorize the Secretaries of Veterans Affairs and of Health and Human Services to enter into an agreement to carry out the demonstration project. This bill would bar reimbursement to the VA until the expenditure for health care services for participating veterans by a veterans integrated service network exceeds the amount that the VA would expend for such services in the absence of the project.
In effect, this ensures that VA will receive Medicare reimbursement only for additional health care costs that are directly attributable to the demonstration project. My bill would ensure that costs to the Medicare program of providing services under the project do not exceed the usual costs Medicare would incur in providing such services.
To prevent red tape from delaying the start of this test, the legislation specifies that VA health care facilities chosen to participate in the demonstration project will automatically be deemed to meet Medicare standards. Reimbursement to the VA will be on a capitated basis and veterans age 65 and over who are not eligible for VA health care for a service-connected disability may be selected to participate in the project.
Madam President, I now want to address the two key reasons I am introducing this legislation and will press for its passage. First, reforming veterans' health care is one of my highest priorities and I am quite frankly disappointed that the Senate has not yet emulated the House in taking significant bipartisan legislative action to reform unwieldy, arcane, and obsolete eligibility rules that Minnesota and other veterans face when they visit VA hospitals and clinics. While Secretary of Veterans Affairs Jesse Brown and his Under Secretary for Health Ken Kizer have taken bold and innovative steps to modernize, restructure and decentralize VA health care, their efforts to overhaul the VA health care system--so that it will remain viable and serve the needs of veterans into the 21st century--are being hamstrung by outmoded eligibility criteria that stress inpatient care even when outpatient care would be more appropriate, user-friendly and cost effective.
I believe that Medicare reimbursement is an important and, with an aging veterans population, even an essential component of eligibility reform. My view is shared by major veterans service organizations
[VSO's] which have submitted two different eligibility reform proposals that would authorize the VA to receive Medicare reimbursement for treating Medicare-eligible veterans. Medicare reimbursement will allow the VA to offset the costs of delivering care to older veterans who may gain access to outpatient and preventive care when eligibility reform legislation is enacted.
The GAO, however, has questioned both the feasibility and cost of providing Medicare reimbursement to the VA. While I lean toward the VSO's view that Medicare reimbursement would be both feasible and cost-
effective, the only way to prove it is by means of a demonstration project. This is precisely what my legislation authorizes.
Second, because the VA is facing and will likely continue to face severe funding constraints that probably will reduce its capabilities to provide access to quality health care, the VA will be under strong pressure to deny some vital health care services to Medicare-eligible veterans.
In recent years the VA health care budget has lagged behind medical cost inflation and under the budget resolution adopted by Congress last year the VA medical care budget would be frozen for 7 years, thus lagging behind overall inflation and probably even further behind medical cost inflation. As a consequence, the VA may be compelled to further ration care, with veterans 65 and over one of the groups likely to be affected. Even before the VA was faced with a flat health care budget, many of its facilities were compelled to resort to rationing.
In this connection it is important to note that recent GAO testimony before the Senate Subcommittee on VA, HUD, and Independent Agencies Appropriations underscored the fact that in 1993 ``118 VA medical centers reported rationing some types of care to eligible veterans when the centers ran short of resources.'' There is no doubt whatever that a flat VA health care budget for 7 years can only lead to more extensive rationing of health care for veterans. This will further fray our solemn contract with the men and women who selflessly defended our country.
Madam President, this bill is intended to ensure that our aging veterans population is not denied access to VA health care precisely when they need it most. I believe that this demonstration project will show that Medicare subvention will at least be budget neutral, and may even save Medicare dollars by using less costly VA care. But I would hope that even those who do not share my views would agree that the demonstration project that I am proposing is the best way of determining the impact on Medicare, the VA, and most important, our aging veterans. These brave men and women deserve the best health care that can be provided, not rationed care whose quality is determined by an eroding VA health care budget and not by the health care needs of veterans who risked their lives for this country at times when it was in dire peril.
Madam President, improving and protecting health care for the increasing numbers of older veterans should be a priority issue for my colleagues on both sides of the aisle. I hope all of my colleagues will carefully scrutinize this bill, strongly support it, and join me in the fight to ensure its passage.
Madam President, I am introducing a bill today that focuses on health care eligibility in the VA health care system. It is, interestingly enough, analogous to a bill that the majority leader, Senator Dole, has introduced that essentially says for those Department of Defense retirees, that there can be a Medicare third-party payment for them to continue to receive health care within the military health care system. That is put on a demonstration project basis. I think it is an important piece of legislation.
What the bill I have introduced says, again, on the demonstration model basis--demonstration project basis--is that for some of the veterans within a certain narrow framework, they also will be able to receive health care within the VA health care coverage--within the VA health care system--with a Medicare third-party payment.
I now sit on the Veterans' Committee. It has taken me several years to get on that committee. These issues are near and dear to my heart. It is clear to me, and I think it is clear to all Senators on both sides of the aisle, that health care eligibility is at the very top of, if you will, an agenda that is responsive to the concerns and circumstances of the veterans community. This will be a demonstration model. That is what this bill calls for. I think it is extremely important.
There is a debate as to whether or not, for example, Medicare third-
party payment for the VA health care system will work well or not. The only way we can find out, without having to debate ad nauseam, is to put this on a pilot project basis.
I think this is only a step, but this piece of legislation, if passed, either as a piece of legislation or an amendment on the appropriate vehicle, I think it is an extremely important step in the right direction of enabling us to do some things within our VA health care system that will enable us to provide very efficient and very effective and very compassionate health care for veterans.
Also, Madam President, I want to mention that Dr. Ken Kizer, with the VA health care system, I think is really making a heroic effort to think deeply about VA health care and where it is going into the next century.
I think he is joined by Secretary Jesse Brown. Secretary Brown, in my view as a Senator from Minnesota--and I think I have been a fierce advocate for veterans--has been a very powerful and very articulate advocate for veterans in this country. I know that he has put health care eligibility reform at the very top of his list of priorities. I know that he cares deeply about veterans. I know as someone who was very active within the DAV, Disabled Veterans of America, he knows these issues. They are not abstract or intellectual to him. He came to this Cabinet position as someone who has been down in the trenches struggling not only for disabled veterans but for all vets.
So with the time I have on the floor, again I am devoted to this piece of legislation which I have introduced. I think there is going to be strong bipartisan support for this.
I also want to say a few words about the Secretary of Veterans Affairs because I think he has been a great Secretary for the veterans of Minnesota and across the country.
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By Mr. PRESSLER (for himself, Mr. D'Amato, Mr. Breaux and Mr.
Graham):
S. 1787. A bill to amend the Harmonized Tariff Schedule of the United States with respect to fireworks; to the Committee on Finance.
Fireworks legislation
Mr. PRESSLER. Mr. President, today I am introducing legislation that would correct a mistake made during the drafting of the implementing legislation of the General Agreement on Tariffs and Trade [GATT] Uruguay round. That law has had the effect of unintentionally more than doubling the tariff rates on display fireworks that are imported into the United States. Unintended or not, this provision has had real consequences. The most obvious has been a dramatic increase in the price of display fireworks, the vast majority of which are purchased by our State and local governments for use in municipal celebrations.
While we are struggling here in Congress to reduce the deficit and balance the Federal budget under tight economic constraints, State and local governments are required by law to balance their budgets every year--with far less flexibility and far fewer resources than what is available to the Federal Government.
The higher cost of display fireworks imposes major strain on municipalities that wish to sponsor Memorial Day or Fourth of July celebrations. Many towns simply are unable to afford the higher fireworks prices and some may forego these celebrations altogether. It's a sad fact that one unfortunate consequence leads to others.
These problems are especially troublesome for rural areas. Small cities and towns do not have a wide variety of options for purchasing their fireworks. A dramatic increase in the cost of fireworks leaves these towns with very few alternatives. The ripple effect of this is that the small companies that serve as fireworks distributors suffer sales losses.
This is not just mere speculation. There is a family-owned business in my State of South Dakota called Rich Bros. Fireworks. Michael Rich and his family serve the small towns across our State. The Rich family does it because they enjoy the service they provide. Mr. President, this is not a highly profitable business to begin with, and the higher prices resulting from the GATT implementing legislation have caused demand to decline. Michael Rich has informed me that unless corrective action is taken, they may be forced to close their business by the end of the year. The name Rich Bros. is synonymous with July 4th in South Dakota, and kids across the State--young kids, and grown-up kids alike--look forward to the celebration of the birth of our country with all the fanfare and excitement fireworks provide.
Family-owned businesses, such as Rich Bros., are the foundation of towns across South Dakota. These people are committed to their neighbors and to their communities. They should not suffer from unintended consequences of the law. That is why we are here--to look out for them and to correct problems like these as soon as possible. That is why I am introducing this legislation today. It is really a minor change that would make a major difference--perhaps the difference between life and death--for small businesses like Rich Bros. I ask my collea- gues for their support in passing this legislation which restores the 2.4-percent tariff rate for display fireworks that existed prior to the implementation of the Uruguay round legislation.
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. 1787
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DUTY ON DISPLAY FIREWORKS.
Chapter 36 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 3604.10.00 and inserting the following new subheadings:
`` ...... 3604.10 Fireworks:............. ......... ....................... .......... .........
........ 3604.10.10 Display fireworks 2.4% Free (A*, CA, E, IL, J, 12.5% .........
(Class 1.3C). MX).
........ 3604.10.90 Other (including Class 5.3% Free (A*, CA, E, IL, J, 12.5%. ''
1.4G). MX).
SEC. 2 EFFECTIVE DATE.
(a) In General.--The amendment made by section 1 applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
(b) Retroactive Treatment.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon a request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption--
(1) which was made on or after January 1, 1996, and before the 15th day after the date of the enactment of this Act, and
(2) with respect to which there would have been a lesser duty if the amendment made by section 1 applied to such entry or withdrawal,
shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.
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