[Pages S4892-S4895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. HELMS (for himself, Mr. Thurmond, Mr. Hutchinson, and Mr.
Smith of New Hampshire):
S. 873. A bill to preserve and protect the free choice of individual
employees to form, join, or assist labor organizations, or to refrain
from such activities; to the Committee on Health, Education, Labor, and
Pensions.
Mr. HELMS. Mr. President, I am honored to join my distinguished
colleagues, the Senator from South Carolina, Mr. Thurmond, the Senator
from New Hampshire, Mr. Smith, and the Senator from Arkansas, Mr.
Hutchinson, in introducing legislation to protect workers from having
to pay dues to a labor union simply to keep their jobs. This bill,
briefly titled the National Right to Work Act, repeals Federal labor
laws allowing union bosses to coerce dues from workers who want to go
to work, earn honest paychecks and support their families without being
forced to support a labor organization.
The legislation we are introducing today proposes to put an end to
more than half a century of Federal labor policy that directly
contradicts Thomas Jefferson's famous statement that ``to compel a man
to furnish contributions of money for the propagation of opinions which
he disbelieves, is sinful and tyrannical.''
Specifically, the National Right to Work Act proposes the repeal of
those sections of the National Labor Relations Act, NLRA, and the
Railway Labor Act, RLA, that allow unions to enter into collective
bargaining agreements forcing workers to pay dues as a condition of
employment.
These so-called ``union security'' clauses have been a central tenet
of Federal labor law despite interfering with the rights of freedom of
speech and association that most Americans take for granted. Under this
unfair Federal scheme, labor organizations succeeded in creating
workplaces where individual workers have two choices: 1. they either
must march in lockstep with local union bosses; or 2. they must forfeit
their job.
That's clearly not fair, and in response to the excesses of this
abuse of the free association rights of employees, Congress enacted the
Taft-Hartley Act in 1947. While this reform bill did not fully right
the wrongs of earlier labor legislation, it did grant States the
ability to pass legislation overriding the NLRA regarding union
security clauses.
Since Taft-Hartley freed State legislature to protect workers, 21
States have passed Right to Work laws, and, not surprisingly, these
States have reaped the economic benefits associated with a fair and
free labor market. In fact, the 21 States that have passed Right to
Work laws have outperformed non-Right to Work States in job creation,
real income, and entrepreneurial growth.
But much work remains unfinished. More than 8 million workers in 29
non-Right to Work States must pay dues to a union as a condition of
employment, and another 1 million workers in Right to Work States are
forced to pay dues under the Federal Railway Labor Act, which cannot be
preempted by State Right to Work laws.
Make no mistake, that warms the hearts of union bosses who take
advantage of union security clauses to use workers as cash machines.
This gives them an endless source of funding for union activities,
including activities not related to collective bargaining activity. The
growing influence unions have on the political process--financed by
coerced worker dues--is openly acknowledged. During the past election
cycle, the AFL-CIO bragged of its plans to spend more than $40 million
on worker-subsidized political activity, nearly all on behalf of
liberal candidates.
These politicians who continue to benefit from the Big Labor cash cow
have been successful in protecting the union's ability to coerce money
from their membership. But the American people aren't fooled. For more
than 20 years, Americans have consistently told pollsters that they
believe that a requirement to pay union dues as a condition of
employment is unfair. In 1997, a Mason-Dixon poll found that 77 percent
of Americans agreed with the statement that workers should be able to
keep their job regardless of whether they belong to unions.
They're right, and I hope that this legislation will soon put an end
to congressional tolerance of forced worker dues. I'm proud to stand
with my distinguished colleagues in supporting the National Right to
Work Act.
______

By Mr. TORRICELLI:
S. 874. A bill to require health plans to include infertility
benefits, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. TORRICELLI. Mr. President, I rise today to reintroduce
legislation that would greatly improve the lives of millions of
Americans, thousands of whom live in my State of New Jersey, who are
infertile. The Fair Access to Infertility Treatment and Hope, FAITH,
Act first introduced during the 106th Congress, will again give hope to
those families who have struggled silently for years with the knowledge
that they cannot have children.
For many American families, the blessing of raising a family is one
of the most basic human desires. Unfortunately almost fifteen percent
of all married couples, over six million American families, are unable
to have children due to infertility.
The physical and emotional toll that infertility has on families is
impossible

[[Page S4893]]

to ignore. I have heard from a number of men and women from New Jersey
who have experienced the pain and trauma of discovering that their
bodies, which appear normal and function perfectly, are somehow
deficient in the one area that matters most to them. This is only
compounded when patients discover that their insurer, which they rely
on for all of their critical health needs, refuse to cover treatment
for this disease. The deep sense of loss expressed by those who desire
a family as a result of this gap in coverage is real and significant.
Their pain should no longer be ignored.
Infertility is a treatable disease. New technologies and procedures
that have been developed in the past two decades make starting a family
a real possibility for many couples previously unable to conceive. In
fact, up to two thirds of all married couples who seek infertility
treatment are subsequently able to have children.
Unfortunately, due to the high cost of treating this illness, only 20
percent of infertile couples seek medical treatment each year. Even
worse, only four out of every ten couples that seek infertility
treatment receive coverage from health insurers, and only one quarter
of all health plans provide coverage for infertility services.
My bill will end this inequity by requiring all health insurance
plans to ensure testing and coverage of infertility treatment.
Specifically, FAITH requires health plans to cover all infertility
procedures considered non-experimental that are deemed appropriate by
patient and physician, up to four attempts, with two additional
attempts provided for those successful couples that desire a second
child.
One reason often cited by health insurers for their continued refusal
to provide infertility treatment is the negative impact that this
coverage would have on monthly premiums. However, recent studies
demonstrate that FAITH would raise the costs of health coverage by as
little as $.21 cents per month per person, an insignificant amount
compared to the enormous premium increases we have recently seen from
HMOs.
Similar legislation that recognizes the vital right of families to
infertility treatments has already been passed in thirteen states,
including Texas, California, New York, Illinois, Ohio, Massachusetts,
Maryland, Connecticut, Rhode Island, Arkansas, Hawaii, Montana, and
West Virginia. In my home state, both branches of the New Jersey
Legislature recently passed legislation that mandates this coverage.
Reproduction is one of the most important values for both men and
women, and those individuals who desire the gift of family should have
access to the necessary treatments that make life possible.
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. 874

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 ``Fair Access to Infertility
Treatment and Hope Act of 2001''.

SEC. 2. FINDINGS.

Congress finds that--
(1) infertility affects 6,100,000 men and women;
(2) infertility is a disease which affects men and women
with equal frequency;
(3) approximately 1 in 10 couples cannot conceive without
medical assistance;
(4) recent medical breakthroughs make infertility a
treatable disease; and
(5) only 25 percent of all health plan sponsors provide
coverage for infertility services.

SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.

(a) In General.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:

``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.

``(a) In General.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, shall ensure that
coverage is provided for infertility benefits.
``(b) Infertility Benefits.--In subsection (a), the term
`infertility benefits' at a minimum includes--
``(1) diagnostic testing and treatment of infertility;
``(2) drug therapy, artificial insemination, and low tubal
ovum transfers;
``(3) in vitro fertilization, intra-cytoplasmic sperm
injection, gamete donation, embryo donation, assisted
hatching, embryo transfer, gamete intra-fallopian tube
transfer, zygote intra-fallopian tube transfer; and
``(4) any other medically indicated nonexperimental
services or procedures that are used to treat infertility or
induce pregnancy.
``(c) In Vitro Fertilization.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B), coverage of
procedures under subsection (b)(3) may be limited to 4
completed embryo transfers.
``(B) Additional transfers.--If a live birth follows a
completed embryo transfer under a procedure described in
subparagraph (A), not less than 2 additional completed embryo
transfers shall be provided.
``(2) Requirement.--Coverage of procedures under subsection
(b)(3) shall be provided if--
``(A) the individual has been unable to attain or sustain a
successful pregnancy through reasonable, less costly
medically appropriate covered infertility treatments; and
``(B) the procedures are performed at medical facilities
that conform with the minimal guidelines and standards for
assisted reproductive technology of the American College of
Obstetric and Gynecology or the American Society for
Reproductive Medicine.
``(d) Prohibitions.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms
of the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than
the minimum protections available under this section; or
``(3) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual services described in
subsection (a).
``(e) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan from imposing
deductibles, coinsurance, or other cost-sharing or
limitations in relation to benefits for services described in
this section under the plan, except that such a deductible,
coinsurance, or other cost-sharing or limitation for any such
service may not be greater than such a deductible,
coinsurance, or cost-sharing or limitation for any similar
service otherwise covered under the plan;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover experimental or
investigational treatments of services described in this
section, except to the extent that the plan or issuer
provides coverage for other experimental or investigational
treatments or services.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes restricting the type of health care
professionals that may provide such treatments or services.
``(f) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a)(1), for purposes of assuring notice of such
requirements under the plan, except that the summary
description required to be provided under the last sentence
of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of
the first plan year in which such requirements apply.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 note) is amended by inserting after the item
relating to section 713 the following new item:

``Sec. 714. Required coverage for infertility benefits for federal
employees health benefits plans.''.

(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning on or after
January 1, 2002.

SEC. 4. PUBLIC HEALTH SERVICE ACT.

(a) In General.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:

``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.

[[Page S4894]]

embryo transfer, gamete intra-fallopian tube transfer, zygote
intra-fallopian tube transfer; and
``(4) any other medically indicated nonexperimental
services or procedures that are used to treat infertility or
induce pregnancy.
``(c) In Vitro Fertilization.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B), coverage of
procedures under subsection (b)(3) may be limited to 4
completed embryo transfers.
``(B) Additional transfers.--If a live birth follows a
completed embryo transfer under a procedure described in
subparagraph (A), not less than 2 additional completed embryo
transfers shall be provided.
``(2) Requirement.--Coverage of procedures under subsection
(b)(3) shall be provided if--
``(A) the individual has been unable to attain or sustain a
successful pregnancy through reasonable, less costly
medically appropriate covered infertility treatments; and
``(B) the procedures are performed at medical facilities
that conform with the minimal guidelines and standards for
assisted reproductive technology of the American College of
Obstetric and Gynecology or the American Society for
Reproductive Medicine.
``(d) Prohibitions.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms
of the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than
the minimum protections available under this section; or
``(3) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual services described in
subsection (a).
``(e) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan from imposing
deductibles, coinsurance, or other cost-sharing or
limitations in relation to benefits for services described in
this section under the plan, except that such a deductible,
coinsurance, or other cost-sharing or limitation for any such
service may not be greater than such a deductible,
coinsurance, or cost-sharing or limitation for any similar
service otherwise covered under the plan;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover experimental or
investigational treatments of services described in this
section, except to the extent that the plan or issuer
provides coverage for other experimental or investigational
treatments or services.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes restricting the type of health care
professionals that may provide such treatments or services.
``(f) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a)(1), for purposes of assuring notice of such
requirements under the plan, except that the summary
description required to be provided under the last sentence
of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of
the first plan year in which such requirements apply.''.
(b) Individual Market.--Part B of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
(1) by redesignating the first subpart 3 (relating to other
requirements) as subpart 2; and
(2) by adding at the end of subpart 2 the following new
section:

``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.

``The provisions of section 2707 shall apply to health
insurance coverage offered by a health insurance issuer in
the individual market in the same manner as they apply to
health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or
large group market.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated on or
after January 1, 2002.

SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR
FEDERAL EMPLOYEES HEALTH BENEFITS PLANS.

(a) Types of Benefits.--Section 8904(a)(1) of title 5,
United States Code, is amended by adding at the end the
following:
``(G) Infertility benefits.''.
(b) Health Benefits Plan Contract Requirement.--Section
8902 of title 5, United States Code, is amended by adding at
the end the following:
``(p)(1) Each contract under this chapter shall include a
provision that ensures infertility benefits as provided under
this subsection.
``(2) Infertility benefits under this subsection shall
include--
``(A) diagnostic testing and treatment of infertility;
``(B) drug therapy, artificial insemination, and low tubal
ovum transfers;
``(C) in vitro fertilization, intra-cytoplasmic sperm
injection, gamete donation, embryo donation, assisted
hatching, embryo transfer, gamete intra-fallopian tube
transfer, zygote intra-fallopian tube transfer; and
``(D) any other medically indicated nonexperimental
services or procedures that are used to treat infertility or
induce pregnancy.
``(3)(A)(i) Subject to clause (ii), procedures under
paragraph (2)(C) shall be limited to 4 completed embryo
transfers.
``(ii) If a live birth follows a completed embryo transfer,
2 additional completed embryo transfers shall be provided.
``(B) Procedures under paragraph (2)(C) shall be provided
if--
``(i) the individual has been unable to attain or sustain a
successful pregnancy through reasonable, less costly
medically appropriate covered infertility treatments; and
``(ii) the procedures are performed at medical facilities
that conform with the minimal guidelines and standards for
assisted reproductive technology of the American College of
Obstetric and Gynecology or the American Society for
Reproductive Medicine.''.
(c) Effective Date.--The amendments made by this section
shall apply to contract years beginning on or after January
1, 2002.
______

By Mr. BREAUX (for himself and Mr. Ensign):
S. 875. A bill to amend the internal Revenue Code of 1986 to allow a
credit against income tax for taxpayers owning certain commercial power
takeoff vehicles; to the Committee on Finance.
Mr. BREAUX. Mr. President, today I rise with my colleague Senator
Ensign to introduce the Fuel Tax Equalization Credit for Substantial
Power Takeoff Vehicles Act. This bill upholds a long-held principle in
the application of the Federal fuels excise tax, and restores this
principle for certain single engine ``dual-use'' vehicles.
This long-held principle is simple: fuel consumed for the purpose of
moving vehicles over the road is taxed, while fuel consumed for ``off-
road'' purposes is not taxed. The tax is designed to compensate for the
wear and tear impacts on roads. Fuel used for a non-propulsion ``off-
road'' purpose has no impact on the roads. It should not be taxed as if
it does. This bill is based on this principle, and it remedies a
problem created by IRS regulations that control the application of the
federal fuels excise tax to ``dual-use'' vehicles.
Dual-use vehicles are vehicles that use fuel both to propel the
vehicle on the road, and also to operate separate, on-board equipment.
The two prominent examples of dual-use vehicles are concrete mixers,
which use fuel to rotate the mixing drum, and sanitation trucks, which
use fuel to operate the compactor. Both of these trucks move over the
road, but at the same time, a substantial portion of their fuel use is
attributable to the non-propulsion function.
The current problem developed because progress in technology has
outstripped the regulatory process. In the past, dual-use vehicles
commonly had two engines. IRS regulations, written in the 1950s,
specifically exempt the portion of fuel used by the separate engine
that operates special equipment such as a mixing drum or a trash
compactor. These IRS regulations reflect the principle that fuel
consumed for non-propulsion purposes is not taxed.
Today, however, typical dual-use vehicles use only one engine. The
single engine both propels the vehicle over the road and powers the
non-propulsion function through ``power takeoff.'' A major reason for
the growth of these single-engine, power takeoff vehicles is that they
use less fuel. And a major benefit for everyone is that they are better
for the environment.
Power takeoff was not in widespread use when the IRS regulations were
drafted, and the regulations deny an exemption for fuel used in single-
engine, dual-use vehicles. The IRS defends its distinction between one-
engine and two-engine vehicles based on possible administrative
problems if vehicle owners were permitted to allocate fuel between the
propulsion and non-propulsion functions.
Our bill is designed to address the administrative concerns expressed
by the IRS, but at the same time, restore tax fairness for dual-use
vehicles with one engine. The bill does this by establishing an annual
tax credit available for taxpayers that own a licensed and insured
concrete mixer or sanitation truck with a compactor. The amount of the
credit is $250 and is a conservative estimate of the excise taxes
actually paid, based on information compiled on

[[Page S4895]]

typical sanitation trucks and concrete mixers.
In sum, as a fixed income tax credit, no audit or administrative
issue will arise about the amount of fuel used for the off-road
purpose. At the same time, the credit provides a rough justice method
to make sure these taxpayers are not required to pay tax on fuels that
they shouldn't be paying. Also, as an income tax credit, the proposal
would have no effect on the highway trust fund.
I would like to stress that I believe the IRS' interpretation of the
law is not consistent with long-held principles under the tax law,
despite their administrative concerns. Quite simply, the law should not
condone a situation where taxpayers are required to pay the excise tax
on fuel attributable to non-propulsion functions. This bill corrects an
unfair tax that should have never been imposed in the first place. I
urge my colleagues to cosponsor this important piece of legislation.
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. 875

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 ``Fuel Tax Equalization Credit
for Substantial Power Takeoff Vehicles Act''.

SEC. 2. CREDIT FOR TAXPAYERS OWNING COMMERCIAL POWER TAKEOFF
VEHICLES.

(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by adding at the end the
following new section:

``SEC. 45E. COMMERCIAL POWER TAKEOFF VEHICLES CREDIT.

``(a) General Rule.--For purposes of section 38, the amount
of the commercial power takeoff vehicles credit determined
under this section for the taxable year is $250 for each
qualified commercial power takeoff vehicle owned by the
taxpayer as of the close of the calendar year in which or
with which the taxable year of the taxpayer ends.
``(b) Definitions.--For purposes of this section--
``(1) Qualified commercial power takeoff vehicle.--The term
`qualified commercial power takeoff vehicle' means any
highway vehicle described in paragraph (2) which is propelled
by any fuel subject to tax under section 4041 or 4081 if such
vehicle is used in a trade or business or for the production
of income (and is licensed and insured for such use).
``(2) Highway vehicle described.--A highway vehicle is
described in this paragraph if such vehicle is--
``(A) designed to engage in the daily collection of refuse
or recyclables from homes or businesses and is equipped with
a mechanism under which the vehicle's propulsion engine
provides the power to operate a load compactor, or
``(B) designed to deliver ready mixed concrete on a daily
basis and is equipped with a mechanism under which the
vehicle's propulsion engine provides the power to operate a
mixer drum to agitate and mix the product en route to the
delivery site.
``(c) Exception for vehicles used by governments, etc.--No
credit shall be allowed under this section for any vehicle
owned by any person at the close of a calendar year if such
vehicle is used at any time during such year by--
``(1) the United States or an agency or instrumentality
thereof, a State, a political subdivision of a State, or an
agency or instrumentality of one or more States or political
subdivisions, or
``(2) an organization exempt from tax under section 501(a).
``(d) Denial of Double Benefit.--The amount of any
deduction under this subtitle for any tax imposed by
subchapter B of chapter 31 or part III of subchapter A of
chapter 32 for any taxable year shall be reduced (but not
below zero) by the amount of the credit determined under this
subsection for such taxable year.''.
(b) Credit Made Part of General Business Credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking
the period at the end of paragraph (13) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(14) the commercial power takeoff vehicles credit under
section 45E(a).''.
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:

``Sec. 45E. Commercial power takeoff vehicles credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years ending after December 31, 2000.

____________________