September 26, 1996 EXTENSIONS OF REMARKS 25285 EXTENSIONS OF REMARKS RECOGNIZING THE WORK OF OUR CONGRATULATIONS TO MARVIN retired to a downtown restaurant for a late NATION'S ANIMAL SHELTERS BROWN OF SAVANNAH, GA ON lunch. That's when Brown, to his total surprise, RECEIVING THE GRAND DECORA­ received what is probably the largest feather TION OF HONOUR OF THE STATE in his cap to date: he was awarded the Grand HON. DOUG BEREUfER OF SALZBURG, AUSTRIA Decoration of Honour of the State of Salz­ burg, in appreciation of his efforts to pro­ OF NEBRASKA HON. JACK KINGSTON mote good will between Salzburger descend­ IN THE HOUSE OF REPRESENTATIVES ants and the country from which they came. OF GEORGIA The honor, one of Austria's highest com­ Thursday, September 26, 1996 IN THE HOUSE OF REPRESENTATIVES mendations, was given by Engelbert Thursday, September 26, 1996 Wenckheim, the vice president of the Aus­ Mr. BEREUTER. Mr. Speaker, our Nation's trian Federal Economic Chamber. animal shelters and the tens of thousands of Mr. KINGSTON. Mr. Speaker, Mr. Marvin "I really was definitely shocked; there's no other word for it," Brown said. dedicated individuals who are employed by or Brown, a resident of Savannah, GA and the First Congressional District of Georgia, joined According to Ulf Pacher of the Austrian volunteer in these facilities certainly deserve Embassy in Washington, D.C., the com­ the ranks of Dwight D. Eisenhower and Win­ mendation is the highest decoration awarded recognition for the work they have done in as­ ston Churchill when he was recently awarded sisting animals. This Member is pleased that by the province of Salzburg. "The medal is one of Austria's highest commendations. Mr. pretty exclusive," he said. "It's not given the Humane Society of the Brown's achievements were highlighted in the out that often-it's rarely awarded." (HSUS), which has provided training and sup­ August 23, 1996 edition of the Georgia Guard­ By receiving the award, Brown becomes port to local animal shelters and humane orga­ ian: part of an exclusive group of individuals in­ nizations for over 40 years, has declared No­ Thank you for your assistance in this matter. cluding Winston Churchill and Dwight D. Ei­ senhower, among others. vember 3-9, 1996, as National Animal Shelter [From the Georgia Guardian, August 23-29, Appreciation Week. 1996) The idea for a national day of recognition MARVIN BROWN AWARDED AUSTRIAN IN ORDER TO SAVE THE COUNTRY­ and appreciation for animal shelters actually COMMENDATION SIDE, WE MUST STRENGTHEN OUR CITIES started with a humane society in this Mem­ (By Thom Nezbeda) ber's district, the Capital Humane ·Society in To read of Marvin Brown's accomplish­ ments with the Georgia Salzburger Society HON. NANCY L JOHNSON Lincoln, NE. Bob Downey, the executive direc­ is to be impressed. He may have joined the OF CONNECTICUT tor of the Capital Humane Society, contacted organization "late in life," as he put it, but IN THE HOUSE OF REPRESENTATIVES what he's lost in time has certainly been the HSUS and suggested that they work to­ Thursday, September 26, 1996 gether to establish a week intended to recog­ more than made up for in performance. He first joined the Georgia Salzburger So­ Mrs. JOHNSON of Connecticut. Mr. Speak­ nize the positive roles that animal shelters ciety, the national organization devoted to er, as recently as the 1960's, Charles Adams play in their communities; to recognize the preserving Salzburger history and heritage, wrote in "The City is the Frontier'': "In our own staff and volunteers of shelters; and to edu­ in 1979. "I had been hearing that I was a era, the world's cities are witnessing their Salzburger," Brown said. "Jackie [his wife] cate the general public about animal shelters greatest surge in man's history * * * From and the work they do. and I went to a meeting out of curiosity, and that got us involved." He held the position of 1800 to 1950, the proportion of people living The services offered by animal shelters are president for the society from 1990 to 1992. in cities with more than 20,000 people leaped as varied as the communities they serve. His first trip to "the Old Country" came in from 2.4 to 21 percent. Our civilization is be­ Some handle animal control issues, such as 1981, and he's led several tours of the state of coming urban, and the advance into the cities Salzburg and other areas of Austria for fel­ controlling dogs running at large or sheltering is one of the most spectacular social phenom­ low society members since then. ena of our time. The city has become the fron­ unwanted or abandoned animals. Some con­ "We got started [traveling to Austria] tier." duct rescue operations by responding to calls back in 1981," said Brown, "just 'babes in the Today, the promise of the urban frontier regarding injured animals or animals that have woods'. We were just tourists then." Subsequent trips as tour guides and oppor­ seems to be little more than reminder of op­ fallen through the ice of a frozen lake or pond. tunities to meet Austrian officials visiting portunity lost. In the latter half of this century, Still others assist families who are considering the United States for society activities have the Nation's landscape has been transformed adding a new four-legged member to the fam­ raised them above tourist status. "It all fell by sprawling development and urban decay. ily by providing adoption services. in place," Brown said in a tone that seems to The movement of families and businesses suggest he and his wife are taking it all in from our Nation's cities has reshaped the cit­ There are many ways that individuals can stride. "This is how we became guests of the ies themselves, the suburbs, and the country­ help our local animal shelters and humane so­ Austrian government on one occasion; guests side. Much of this change has been positive, of the Roman Catholic archbishop on an­ cieties. Many shelters, just like the Capital Hu­ as families have built homes and communities, mane Society, both need and welcome volun­ other occasion. We've really had some won­ derful things happen." fulfilling the American dream; but a great deal teers who perform a variety of tasks such as Brown's accomplishments don't stop there. has been lost as well. walking dogs, grooming animals, cleaning Besides being a guest on Austrian television It is tragic that so many cities are dying at cages or assisting with adoptions. Shelters talk shows, and presenting keys to the City a time when the countryside is disappearing. can also use donations of supplies such as of Savannah to two Salzburg governors, The American Farmland Trust estimates that Brown and his wife were appointed area coor­ the United States converts to other uses 2 mil­ blankets and towels to provide bedding, food dinators for the Austrian Olympic Saillng or cages, or just cash donations to help pay lion acres of farmland annually, much of it on Team. As such, they helped coordinate a the edge of urban America. The USDA natural for the costs of daily operations. National Ani­ wreath-laying ceremony at the Salzburger Monument on Bay Street. Members of the resources inventory found that developed land mal Shelter Appreciation Week is an appro­ increased by 14 million acres between 1982 priate time for people to visit shelters, thank Georgia Salzburger Society, Mayor Floyd Adams Jr., and a delegation of Austrian gov­ and 1992. the people who work there, and volunteer their ernment and industry leaders took part in As the cities are losing their manufacturing time. the ceremony. After the ceremony, the group industries, 95 percent of the growth in office

• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 25286 EXTENSIONS OF REMARKS September 26, 1996 jobs occurs in low density suburbs. These of­ ments restrict the development, management, Lodge 2560, a member of the selection panel fice jobs accounted for 15 million of the 18 or use of the land in order to keep the land in of the Holocaust Memorial Committee of Ba­ million new jobs in the 1980's. a natural state or to protect historic or scenic yonne, and a member of the Bayonne Visiting There are many factors that have contrib­ values. Easements are widely used by land Nurse Association board of directors. uted to the mass migration away from the cit­ trusts, conservation groups, and developers to Senior citizens and their concerns have in­ ies: a desire for greater personal safety, better protect valuable land. terested Mrs. Carine for a long time. She is schools, less congestion, and a way of life. The 30-percent limit in current law actually the producer and host of a local cable tele­ The development of the Interstate Highway works to the disadvantage of taxpayers who vision show called "Sixty Plus" geared toward System, relatively inexpensive community ex­ may be land rich but cash poor. senior citizens, relating information useful to penses, and tax incentives for homeownership Several of my colleagues have introduced seniors in their everyday lives. The Vial of Life have made it easier for many people to move important bills to encourage greater use of program was an especially gratifying milestone to the suburbs. conservation easements. My bill addresses in Mrs. Carine's chosen vocation. It provides Offsetting some of the costs associated with the disadvantage the 30-percent limit imposes seniors with information important to meet this trend-urban decay and the loss of open on lower income taxpayers. their health care needs. space-will require both private sector and Mr. Speaker, Gifford Pinchot, the founder of It is an honor to have such an empathetic public sector initiative. No single public policy the U.S. Forest Service, once wrote that a na­ individual residing in my district. Mrs. Carine's proposal will address all of the problems. tion "deprived of its liberty may win it, a nation performance of her civic duties is an example Today, I am introducing two bills addressing divided may unite, but a nation whose natural for everyone to emulate. I am certain that my two of the many factors that contribute to resources are destroyed must inevitably pay colleagues will rise with me to honor this ex­ sprawling development. the penalty of poverty, degradation and ceptional woman. The first is related to the costs of cleaning decay." up contaminated land and buildings in urban In order to save the countryside, we must areas so that they can be put to productive strengthen our cities. Thanks to the leadership TRIBUTE TO THE 90TH ANNIVER­ use. The rules surrounding the tax treatment of Chairman BILL ARCHER, fundamental tax re­ SARY CELEBRATION OF NATIV­ of environmental remediation expenses are so form will be near the top of the agenda of the ITY OF THE BVM convoluted and confusing it is no wonder that next Congress. We need to take a look at the a number of businesses decide to sidestep impact of tax policy on land use decisions in HON. CHARLES E. SCHUMER them altogether and invest in previously unde­ this country. The bills I am introducing today OF NEW YORK would go a long way toward correcting two se­ veloped land and newer buildings outside of IN THE HOUSE OF REPRESENTATIVES environmentally distressed urban areas. rious problems in existing law. Repairs to business property can be de­ Thursday, September 26, 1996 Mr. SCHUMER. Mr. Speaker, I am proud to ducted currently as a business expense, but IN HONOR OF LILLIAN CARINE: AN join all my friends and colleagues in celebrat­ capital expenditures that add to the value of OUTSTANDING COMMUNITY AC­ ing the Nativity of the Blessed Virgin Mary's property have to be capitalized. This means TIVIST MAKING A DIFFERENCE 90th anniversary. This wonderful church has that some environmental remediation costs FOR THE RESIDENTS OF BA­ been serving Ozone Park, Queens faithfully are treated as a business expense, but others YONNE are treated as capital expenditures, depending for the past 90 years, and is well-deserving of on the facts and circumstances of each case. recognition and praise. The administration in its brownfields initia­ HON. ROBERT MENENDEZ I am pleased to congratulate the members tive has proposed to allow an immediate de­ OF NEW JERSEY of the Nativity of the Blessed Virgin Mary for duction for cleaning up certain hazardous sub­ IN THE HOUSE OF REPRESENTATIVES making this area a source of community pride. stances in high-poverty areas, existing EPA Thursday, September 26, 1996 As a result of the tireless work and vigilant brownfields pilot areas, and Federal empower­ Mr. MENENDEZ. Mr. Speaker, I rise today dedication of the church, Ozone Park has ment zones and enterprise communities. This to pay tribute to Lillian Carine, a dedicated maintained its reputation as a safe and quiet is commendable, as far as it goes, but there community activist who has made a significant community distinct from the city's frenetic at­ is a disturbing trend in urban policy to pick difference in the lives of my constituents in mosphere. and choose among cities. If expensing envi­ Bayonne. Mrs. Carine will be honored at the I am certain that the strength of this commu­ ronmental remediation costs is good tax policy seventh annual Italian American Heritage nity would not be what it is today without the and good urban policy, and I believe that it is, Award dinner dance on September 28, 1996, commitment of its church. Such countless con­ then it should apply in all communities. The at the F .A. Mackenzie Post in Bayonne. tributions have ensured the neighborhood's bill I am introducing today would apply this Family has played a major role in our es­ continued growth and stability which are fully policy to all property wherever located, and teemed honoree's life. Mrs. Carine was born appreciated by all. would expand the list of hazardous sub­ to Sicilian immigrants, Josephine and Nicola For years, families have known Ozone Park stances to include potentially hazardous mate­ Alessi, on July 21, 1911, in Bayonne where as a solid community, making it a good place rials such as asbestos, lead paint, petroleum she still lives. Alessi married Nicholas Carine to live. I am honored to celebrate 90 years of products, and radon. This bill would remove on April 11, 1932. Their joyful union, which civic leadership in Ozone Park-the Nativity of the disincentive in current law to reinvestment lasted 57 years until Nicholas' passing in the Blessed Virgin Mary's members have done in our cities and buildings. 1989, produced two children, Frank and Rosa­ much to improve the quality of life for all area My second bill addresses a provision in cur­ lie, seven grandchildren and five great-grand­ residents. rent tax law that limits the deduction for a gift children. of appreciated property to 30 percent of ad­ Competence and compassion are invaluable justed gross income. Under current law, the words to one who seeks to describe Mrs. CONGRATULATIONS TO POSTAL limit for gifts of cash is 50 percent of adjusted Carine. This selfless individual's tradition of WORKER WHO SAVED CHOKING 4 gross income. My bill would raise the cap for community involvement began under the influ­ YEAR OLD qualified gifts of conservation land and ease­ ence of her mother who put her on a "trolley ments from 30 percent to 50 percent. Under track" of service to others from which Mrs. HON. FRANK MASCARA the bill, any amount that cannot be deducted Carine has yet to disembark. Along the way, OF in the year in which the gift is made can be there have been a number of stations which IN THE HOUSE OF REPRESENTATIVES carried over to subsequent tax years until the Mrs. Carine's trolley has passed through, in­ deduction has been exhausted. Current law cluding the Bayonne Board of Education to Thursday, September 26, 1996 gives the donor 5 years in which to use up the which she was elected twice, the Hudson Mr. MASCARA. Mr. Speaker, I would take a deduction. County Juvenile Conference Committee and moment today to publicly thank Joanne John­ Conservation easements are a partial inter­ the Bayonne Child Abuse Prevention Council. son, a postal worker from my district, who re­ est in property transferred to an appropriate Additionally, Mrs. Carine is a founding mem­ cently saved the life of a 4-year-old boy who nonprofit or governmental entity. These ease- ber of the Sons of Italy, Father Del Monte had swallowed a quarter and was choking. September 26, 1996 EXTENSIONS OF REMARKS 25287 On a recent dreary Monday morning, Jo­ with sub-Saharan Africa and to focus our at­ THE NEED FOR CONSUMER GRIEV- anne was delivering mail on a rural route in tention on ways to facilitate private sector ANCE RIGHTS IN MANAGED her hometown of Hopwood, PA, when she trade and investment in the region. In 1994, CARE heard the screams of Rosemary Bradshaw Congress took an initial step in this direction who was standing on her front porch. by asking the President to develop "a com­ HON. FORTNEY PETE STARK Not really knowing what was wrong, Joanne prehensive trade and development policy for OF CALIFORNIA jumped out of her mail truck and ran to the the countries of sub-Saharan Africa" as part of woman's aid. Mrs. Bradshaw's son, John Ken­ IN THE HOUSE OF REPRESENTATIVES the Uruguay Round Agreements Act. The first neth Thorpe, Jr. stood nearby in obvious dis­ Thursday, September 26, 1996 of the five annual reports required under this tress, unable to breathe. Luckily, Joanne had provision was submitted by President Clinton Mr. STARK. Mr. Speaker, today I introduced built up a relationship with John since she a comprehensive bill to improve consumer and earlier this year. The President's report, in began delivering the route in early spring. provider rights in managed care plans. I intro­ turn, has generated a broader discussion Daily the boy would raise the flag on his mail­ duced the bill late in this Congress so that ev­ box, even if there was nothing to pick up, just among many of my colleagues, the business eryone has the opportunity to review the bill so he could chat and laugh with her. While Jo­ community, and the public on the future direc­ over the autumn and suggest changes and im­ anne had no formal training in CPR or the tion of U.S. economic relations with sub-Saha­ provements, prior to its reintroduction in the Heimlich maneuver, she coaxed him to come ran Africa. 105th. to her. She quickly flipped him around and Throughout this year, I have been pleased One major section of the bill requires the squeezed him tightly. Fortunately the quarter to work with Congressman JIM MCDERMOTT timely consideration by managed care plans of popped out and John began to breathe again. and Congressman CHARLIE RANGEL toward patient appeals. The Medicare agency is very Local postal officials intend to recognize Jo­ developing a bipartisan proposal to facilitate concerned about this area of consumer rights anne for her heroism. As they correctly state, and is proposing a rule to better protect pa­ daily Postal Service workers across the coun­ the economic development of sub-Saharan Af­ rica by expanding our trade relations with the tients. Depending on the strength of the HCFA try, like Joanne, help citizens in distress, but rule, the need for the appeals and grievance region. On August 1, 1996, the Subcommittee rarely are these events ever reported on the section of my legislation may be fully or par­ on Trade of the Ways and Means Committee evening news. tially addressed. Joanne, naturally, does not see herself as a held a hearing on this issue to look more The following news articles from the Bureau hero. She says she was just a the right place closely at how we might elevate the priorities of National Affairs of September 18 and 19 at the right time and would not hesitate to help of business and government toward sub-Saha­ describe why this is such an important issue. again, if she could. ran Africa and pursue mutually beneficial trade As Bruce Fried, head of the Office of Man­ But I know that is not the case. Joanne is expansion efforts. The legislation that we are aged Care states so well: The appeal and a very special person and her family and introducing today is the culmination of our grievance process is "fundamentally the most neighbors and coworkers should be very work on this issue in the 104th Congress and important protection our beneficiaries have." proud of her. More importantly, each and ev­ will serve as the basis for further action on this eryone of us should try and emulate her ef­ VLADECK URGES MANAGED CARE GROUPS TO issue by the Ways and Means Committee next IMPROVE APPEALS PROCESS forts to reach out to others in need. Not surprisingly, little John knows a friend year. Increasing numbers of health care consum­ Among other things, the "African Growth ers are feeling powerless in the face of deci­ when he sees one. Lately, he has been leav­ sions made by their managed care organiza­ ing cards and presents for Joanne in the mail­ and Opportunity: The End of Dependency Act" tions, Health Care Financing Administration box. She has been leaving him candy. calls for the negotiation of a free-trade agree­ Administrator Bruce C. Vladeck said Sept. 17 ment with the countries of sub-Saharan Africa in urging such groups to improve their bene­ ficiary grievance and appeals process. AFRICAN GROWTH AND OPPOR­ that take appropriate steps to reform their economies. Moreover, to put momentum be­ Speaking at the annual meeting of the TUNITY: THE END OF DEPEND­ American Association of Health Plans, the ENCY ACT hind these negotiations and to focus greater nation's largest managed care group, attention on the region in the private sector, Vladeck said Medicare managed care organi­ HON. PHIIJP M. CRANE the bill calls for the creation of a United zations should ensure Medicare enrollees are aware of their health care coverage appeals OF ILLINOIS States-sub-Saharan Africa Trade and Eco­ nomic Cooperation Forum. This forum will pro­ rights; should establish systems that do not IN THE HOUSE OF REPRESENTATIVES deter, and even solicit coverage questions; Thursday, September 26, 1996 vide regular opportunities for policy leader and and should employ staff that are well-versed heads of state to meet to discuss issues of Mr. CRANE. Mr. Speaker, today I join my in Medicare regulations. mutual interest and to keep the trade negotia­ As managed care has grown. "there is an colleagues Congressman JIM MCDERMOTT and tions on track. Finally, our proposal will create increasing perception among consumers that Congressman CHARLIE RANGEL in introducing privately managed equity and infrastructure they are voiceless and powerless in the sys­ legislation that will fundamentally shift how the tem," even though they had little or no ap­ United States approaches our relations with funds to encourage private institutional inves­ peal rights in the fee-for-service system, the 48 countries in sub-Saharan Africa. For tors in developed countries to pool their re­ Vladeck hold conference attendees. many years, the United States has supported sources to make investments in established He urged AAHP members to voluntarily a variety of foreign assistance programs that businesses and infrastructure projects in sub­ upgrade their appeals and grievance process have sought to aid the countries of sub-Saha­ Saharan Africa. to parallel HCFA's on-going review of what is requires managed care groups to provide ran Africa. Unfortunately, traditional foreign aid With a combined population of nearly 600 enrollees in this area. has not led to the level of economic develop­ million people, sub-Saharan Africa can and "If it doesn't happen spontaneously, we ment that we would all like to see on the Afri­ should become a major export market for will make it happen." he warned. can continent. In the long run, private sector United States goods and services. In my view, investment and development must serve as the active participation of the global market­ HCFA OFFICIALS WARN HMOS TO PROVIDE the catalyst for the countries of sub-Saharan Goon GRIEVANCE PLANS; RULE IN DEVELOP­ place is essential to creating the economic Africa to compete in the global marketplace MENT and investment opportunities that will stimulate and to improve the standard of living for their Health maintenance organizations that do people. Unfortunately, the region's immediate the conditions for developing countries to not provide adequate grievance and appeals potential does not seem to be reflected either emerge as business partners, rather than aid procedures to Medicare beneficiaries are vio­ recipients. By giving sub-Saharan African lating beneficiaries' constitutional rights in the investment decisions of individual busi­ and will be closely scrutinized by the pro­ nesses or in the U.S. Government's export de­ countries a trade and investment alternative to foreign aid, this important legislation will en­ gram, a Health Care Financing Administra­ velopment priorities, including high-profile tion official said Sept. 18. trade missions. courage the type of economic and political re­ HCFA Office of Managed Care Director In this context, I believe that it is time for us forms in the region that will ultimately make Bruce M. Fried told managed care represent­ to reexamine the nature of our relationship traditional assistance unnecessary. atives that failure to provide an adequate 25288 EXTENSIONS OF REMARKS September 26, 1996 grievance and appeals process to Medicare edge of who is filing grievances and why and Along with a dedicated staff of Federal em­ beneficiaries vilates their 14th Amendment launch an education effort to ensure bene­ ployees, he continues the tradition and dedica­ rights to due process and equal protection ficiaries in skilled nursing facilities and tion to public service begun in July 1946 when under the law. It also violates Medicare stat­ home health care know their appeal rights, Patchogue was added to the growing roster of utes, Fried said. Miller said. HCF A has made this issue one of its top They also can review their marketing ma­ Social Security field offices across the country. priorities and the appeals processes in place terials to ensure they present information on The staff in the Patchogue office looks for­ at HMOs will come under " enormous scru­ appeals in a clear, understandable way, she ward to continuing their tradition of dedication tiny" in the coming months, Fried said at a added. and service to Suffolk County residents for conference on managed care sponsored by Plans also can better train their staff many years to come. I wish them all the best HCF A, in conjunction with meetings on charged with handling grievances, Miller for another 50 years in service to the Long Is­ Medicare and Medicaid being held this week said. HCF A has learned of staff at some by the American Association of Health HMOs in these departments who are giving land community. Plans. out incorrect information because they are Some HMOs are failing to improve their working without relevant HCFA regulations grievance and appeals process-in which at their disposal, she added. beneficiaries can contest a decision by an TRIBUTE TO MAJ. RICHARD M. HMO to deny or alter health care coverage­ " SLUG" MCGIVERN to remain competitive in a rapidly growing A TRIBUTE TO HONOR THE industry, Fried said. PATCHOGUE, NY, SOCIAL SECU­ "Human nature being what it is, this sim­ RITY OFFICE IN RECOGNITION HON. ROBERT K. DORNAN ply leads some folks to cut corners," Fried OF CALIFORNIA said. "We will be very attentive to that." OF 50 YEARS OF SERVICE TO As of July l, HCF A had Medicare contracts THE LONG ISLAND COMMUNITY IN THE HOUSE OF REPRESENTATIVES with 313 HMOs enrolling nearly 4.4 million beneficiaries, according to documents pro­ HON. MICHAEL P. FORBFS Thursday, September 26, 1996 vided by HCFA at the meeting. HMOs are Mr. DORNAN. Mr. Speaker, I rise today to now required to have appeals and grievance OF NEW YORK IN THE HOUSE OF REPRESENTATIVES recognize Maj. Richard M. "Slug" McGivern processes for Medicare patients, but the for his distinguished and exemplary service to quality is mixed and appeals are slow. Thursday, September 26 , 1996 In a speech to the AAHP conference Sept. the U.S. Air Force and the 104th Congress 16, HCFA Administrator Bruce C. Vladeck Mr. FORBES. Mr. Speaker, I rise today to through his work in the Air Force House Liai­ also warned HMOs to improve their griev­ honor and pay tribute to the Social Security son Office from May 2, 1995, to October 14, ance and appeals process, saying the agency Office in Patchogue, NY, for 50 years of dedi­ 1996. In this capacity. Rick has excelled in would force them to do so if they do not vol­ cated service to the Long Island community. It providing the House of Representatives with untarily comply. is with great sincerity that I ask my colleagues outstanding service and unselfish commitment Fried called the appeals and grievance in the House of Representatives to join me in process "fundamentally the most important above and beyond the call of duty. During his protection our beneficiaries have," adding congratulating the Patchogue Social Security short stay in this office,, he quickly established that it was " critical" that HMOs take steps Office on this historical occasion. a solid reputation with both Members and to improve the process. In 1946, the Social Security Administration staff, displaying his extensive knowledge of Air " I don't want to threaten the industry [SSA] opened its first Long Island office at 75 Force programs and issues, as well as na­ with steps that I am willing to take" 1f Oak Street, Patchogue, Long Island, NY. Prior tional defense strategy. His strong operational HMOs do not act, Fried warned. to this, Suffolk County residents had to visit fighter background gave him the credibility to HCFA RULE EXPECTED BY END OF YEAR the Queens, NY, office, located in Jamaica, to provide guidance and advice on a wide array HCFA is "very far down the road" in devel­ receive Social Security services. During the of aerospace and other national security oping a proposed rule that for the first time last 50 years, the Patchogue office has served issues. Slug's sound judgment and keen specifically will define the grievance and ap­ hundreds of thousands of Social Security peal process requirements for HMOs, Fried sense of priority are trusted attributes that said. Among other items, it will include a re­ beneficiaries. have greatly benefited Congress and the U.S. quirement that grievances be acted upon "in Originally, Social Security was formulated as Air Force. In the challenging arena of inter­ a matter of days," rather than the maximum an entitlement program for retired workers and national travel, he was brilliant in planning, or­ 60 days required under current law, he added. their surviving dependents. In the 1950's, the ganizing, and executing congressional delega­ The current grievance and appeals process disability provisions were implemented. The tion trips to locations all over the world. It has gives plans 60 days to act on a beneficiary 1960's saw the beginning of Medicare health been my extreme pleasure to have worked appeal and another 60 days for HCFA's con­ insurance for the elderly, and in the 1970's, tractor to review appeal denials. and traveled with Rick McGivern. He has The proposed rule, part of HCFA's Medi­ Medicare coverage was extended to the dis­ served with great distinction and has earned care Appeals and Grievance Initiative, is ex­ abled. These changes also included imple­ our respect and gratitude for his many con­ pected to be issued by the end of the year, mentation of the Supplemental Security In­ tributions to our Nation's defense. As he Maureen Miller, senior policy analyst with come [SSI] Program in 1974. This program moves to the Pentagon to work on the Quad­ the Office of Managed Care's program policy was established by Congress to federalize as­ rennial Defense Review Board, we will con­ and improvement team, told conference par­ sistance to financially needy, elderly, blind, tinue to see Slug on the Hill. On behalf of my ticipants. HCFA in the rule also will clarify what and disabled individuals and children. colleagues, I would like to bid Maj. Rick "Slug" services beneficiaries are able to appeal, Mil­ The Patchogue Social Security office has McGivern and his wife Susan continued suc­ ler said. The rule will state that in addition performed an exceptional duty in administering cess in their new assignment. to pre-service denials, reduction in care deci­ its programs to Suffolk County residents. sions and service terminations also can be Today, the office administers Social Security appealed, as well as services provided under payments to 113,894 Suffolk residents each optional supplemental coverage, she added. month for a total of $79,381,000. SSI pay­ POINTS TO CONSIDER The rule also will establish new reporting ments are paid to 12,817 individuals each requirements for plans for grievance and ap­ peals procedures and improve the way plans month for a total of $4,739,000. HON. JACK KINGSTON report such information to HCFA, Miller Stuart Blau, the District Manager, has said. served the people in his Patchogue District for OF GEORGIA Miller told plans, however, not to " sit and 20 years, the last 10 as Manager. His 35 IN THE HOUSE OF REPRESENTATIVES wait" until the rule is published to improve years with the Social Security Administration Thursday, September 26, 1996 their grievance and appeals process. Plans on have encompassed the introduction of disabil­ their own can shorten the time needed to de­ ity benefits, Medicare, and the Supplemental Mr. KINGSTON. Mr. Speaker, I'm submitting cide an appeal, which already has been done by many commercial plans, Miller told those Security Income Program. the following, written by Nadra Enzi. These attending the conference. He heads one of the largest field offices in appeared in the Savannah Newspress and Plans also can improve their internal in­ the New York region and the Nation, servicing certainly make strong points for our society formation systems so they have more knowl- almost 1 million residents of Suffolk County. and government to consider. September 26, 1996 EXTENSIONS OF REMARKS 25289 [From the Savannah Morning News, Aug. 31, market us as being. For instance, their con­ stupid notion that one's community mem­ 1996) tinued demonization of U.S. Supreme Court bership can legitimately questioned if one (By Nadra Enzi) Justice Clarence Thomas is a prime example commits the unpardonale offense of not of their thought policing at its worst. being a Democrat. ORDINARY CITIZENS COMBAT RACIST GRAFFITI Because his views and judicial decisions Editor: On May 22, while walking through differ from theirs, he 1- openly and crudely It seems as if we are not free to exercise Myers Park, an excited group of black girls denounced as not being a "brother," or, it differing opinions and entertain alternative called me over to its beautiful gazebo. seems, is undeserving of basic respect. political affiliations in pursuit of the same Puzzled, I strolled toward them and was Is their vision of a "community" a "black goals. treated to what they saw: intricate (not run­ space" (to quote Corne! West), where differ­ of-the-mill) white supremacist symbols, slo­ Recently, the mayor of Savannah (a black ing ideas are condemned without even a mo­ Democrat) was quoted in your newspaper as gans and generaily racist statements lit­ ment's consideration? It doesn't seem too erally covered the gazebo's floor, railing and liberating or much improvement from the having said, "Colin Powell is the most dan­ support beams. strictures of the plantation and Jim Crow gerous African-American in the nation." Satisfied that adult attention was brought America. One hopes this was an error on the part of into the matter, they left, leaving me with a Justice Thomas is a prime example of how the reporter, If not, it is yet another re­ particularly golden opportunity to take ac­ fanatical, anti-individualists can place some­ tion against an act of hate speech per­ minder of how vicious the anti-diversity at­ one in exile for the heresy of thinking dif­ titude is among some of us. petrated in the heart of my historically pre­ ferently. It is hard to believe that people dominant black community. who trumpet freedom all the time would Would the names of icons like Frederick Given the gazebo's proximity to a nearby deny it so callously. Douglass, Jesse Owens, Jackie Robinson, black church, I immediately walked there, Recently, a black Prince George's County, Zora Neale Hurston or even Sir Charles Bar­ wondering if this graffiti was connected to Md., school board member nearly succeeded kley need to be stricken from the hearts and the black church burning campaign occur­ in barring Justice Thomas from addressing minds of admiring African-Americans be­ ring nationally. an honors ceremony at an area school. This cause they are (gasp!) Republicans? After showing its three occupants the contemptible act should serve as a textbook If so, then former NAACP Executive Direc­ scene, one of them, retired high school prin­ case in how low the monolith-pushers have cipal Richard Mole, called the police. sunk! tor Benjamin Hooks would have to be A unit arrived and its lone officer, also Individualism is one of the best options striken from the record of his organization, black, was so disturbed by what he saw that available to us as we progress past yester­ because he too is a Republican. goose bumps raised on his arms. day's artificially imposed limitations. Each One can only wonder how far the anti-di­ Contacting his supervisor, who personally of us is a committee of one whose mission is inspected the scene, including a note left be­ versity klan will go in its unholy war to develop his potential and contribute those against those of use who choose not to ride hind, we were told that an investigation competencies to the cause we hear so much would be launched. the donkey in the future. What is so criminal about. about now following liberal policies whose The next morning I called the city's Lei­ If liberation is truly the song we strive to sure Services Department, which referred my sing, then individualism must be one its good intentions have been outstripped by an complaint to the direct of Park and Trees. stanzas. It is not treasonous to diverge from unsocial program plantation that nutates He personally called and told me that he'd the group. In fact, advancement comes from motivation into increasingly depressing, have a crew there to photograph and remove generating new ways of addressing reality. even dangerous, directions? the graffiti later that morning (which he One definition of insanity is doing the did). The inner city has been the testing ground same thing and expecting different results. for schemes whose damage to health human Later, a white male teen was arrested at Obviously, this isn't the best course to the nearby McDonald's for defacing its men's potential rivals even the programs of the choose on the eve of a new century and mil­ Austrian paperhanger and Karl Marx's step­ room in the same fashion. lennium. It is the personal responsibility of myself The anti-individualists, in their crusade children. and every person of goodwill to ensure that against this perspective, try to ghettoize in­ Essentially, paying poor women to have this sort of criminal receives the maximum dividualism as belonging exclusively to more fatherless children and providing end­ punishment possible. Otherwise, the crime black conservatives. In this way, they at­ less excuses for community criminals whose receives a (pun intended) hoodwink and a tempt to limit its impact to the relatively high-five. lethal adventures in the "hood amass body few but growing members of that philosophy. counts that would be unacceptable in other Individualist tendencies exist among peo­ [From the Savannah Morning News] communities are far from being acceptable ple of every class in black society. Not being measures of one's "blackness." AFRICAN-AMERICANS SHOULD SHED GROUP­ a Republican or a conservative is not an THINK automatic admission that one is anti-indi­ Still, the anti-diversity klan feels that (By Nadra Enzi) vidualist. It is an outlook gloriously inde­ those who do not embrace these hideous ini­ African-Americans have been a unit of pendent of other affiliations. tiatives are somehow threats to the well­ forced cohesion in this country. Slavery One becomes an individualist simply by being of all African-Americans. forced different tribal ethnicities to become choosing so. This choice is the result of rea­ son, instead of emotion. Their treatment of Supreme Court Justice a corporate entity and this entity's evo­ Clarence Thomas is their monument to in­ lution has led to the national community ex­ After declaring yourself one, watch the shouting and name calling erupt from the tolerance. His being a virtual exile among isting today. the leadership class of our community is We face the frankly exciting opportunity other side and please remember that, sadly, to advance beyond the once-necessary group­ one of the difficult propositions for many nothing short of tragic. th1nk that was the hallmark of much of our white and black people to accept is the sight We are only four years away from a new past strategy. This opportunity, however, is of a black person who thinks for himself. century and milleium and this type of Individualism can be the new middle­ not being welcomed with open arms by cer­ "thinking" serves as an anchor on our aspi­ tain segments of our community. ground that Joms homeboys, Buppies, hoochie mamas, nationalists, patriots, and rations. Black Republicans, independents It is worth mentioning that the very and every other kind of political creature are phrase "individualism" is often considered every other identifiable community subset in the common cause of freeing what is best facts of life that these controllers will have to be synonymous with greed and ethnic dis­ to accept. loyalty. and original within each one of us without This misperception is used by those en­ waiting for any self-appointed "massuh" to We have to have a "big tent" approach in trenched interests (the civil Reich establish­ give his unasked-for approval. our community if we our to achieve the ob­ ment, street corner revolutionaries, social After all, if I can dictate your develop­ jectives we claim are so important. Other­ program profiteers and others) who benefit ment, then I essentially own you. Is trading wise, the finger pointing and the shouting from our current thinking. white slavemasters and discriminators for black ones really an improvement? will be drowned out by the increasing vol­ It is also worth noting that not all civil umes of triggers being pulled and hands that rights advocates, black nationalists, pro­ [From the Savanah Morning News] should be literate hopelessly scribbling on gram workers and others fall into this group. AFRICAN-AMERICAN VOTERS MUST HAVE A BIG sheets of paper that threaten to become ar­ In fact, the rank and file in their number rest reports if this trend is not ended. should not be considered as blindly approv­ TENT ing of the antics from on high. (By Nadra Enz1) Is being blindly loyal to any political party Our community, even now, is not the Editor: There is an aching need for Afri­ really worth losing everything that we found monolith that the above-mentioned interests can-Americans to rid ourselves of the truly so hard to attain? 25290 EXTENSIONS OF REMARKS September 26, 1996 IN HONOR OF THE RIVER VALE­ zen of Woodhaven, NY, Mrs. Maria Thomson. which was a major test of the new U.S. Con­ SPONSORED AMERICAN LEGION As a president of the Woodhaven Residents' stitution. It is also the birthplace of such BASEBALL TEAM: INTER- Block Association, and a member of the Com­ notables as Chief Justice of the Washington NATIONAL AMBASSADORS OF munity Board No. 9, Mrs. Thomson's volunteer Territory, Charles Boyle; Industrialist J.V. OUR NATIONAL PASTIME efforts have been commendable. In addition to Thompson; former U.S. Senator Dr. Daniel her prior achievements, Mrs. Thomson is the Sturgeon; Mason-Dixon Surveyor Alexander HON. ROBERT MENENDFl chairperson of the 102d Precinct Community McClean; Revolutionary War Gen. Ephraim OF NEW JERSEY Council, a founding member of the Douglas; and last, but not least, Five-star Gen. IN THE HOUSE OF REPRESENTATIVES Woodhaven Residents' Security Patrol, and a George C. Marshall. graduate of the Civilian Academy of the New During the late 1880's, Uniontown's fortunes Thursday, September 26, 1996 York City Police Department. brightened when it became a hub of the coal Mr. MENENDEZ. Mr. Speaker, I rise today For nearly 20 years, Mrs. Thomson has la­ and coke boom. Site of some of the most im­ to pay tribute to a special group of young men bored tirelessly to improve the quality of life mense deposits of the finest bituminous soft who have distinguished themselves through for the Woodhaven residents. As the executive coal in the world, companies in and around their exceptional achievements on the base­ director of the Greater Woodhaven Develop­ Uniontown dug the coal from the ground and ball diamond. Through their outstanding exhi­ ment Corporation and the Woodhaven Busi­ reduced it to coke for steelmaking in thou­ bition of athletic performance and sportsman­ ness Improvement District, Maria has encour­ sands of beehive ovens. The city quickly be­ ship, these individuals serve as reminders of aged and implemented the revitalization of our came the operational and financial center of what can be accomplished when people work Jamaica Avenue shopping strip. As a result of the coal industry and the mercantile and cul­ together for a mutual goal. her efforts, she has attracted quality busi­ tural center for mining towns in the surround­ Baseball has long been the national pas­ nesses and improved security and lighting ing area. time. Although the sport has provided enjoy­ along the commercial strip. Perhaps the town's most important attribute, ment to those who had played it intramurally, As a testament to her dedication to the however, is its hundreds of civic-minded citi­ the earliest organized game took place in what community, when Engine Company No. 294 zens who share a vision to preserve and revi­ is now my district on June 19, 1846 on the closed due to New York City budget cuts, talize this very historic place. In recent years, Elysian Fields in Hoboken. From the first pitch, Maria Thomson worked as first cochairman of the community has pulled together to promote it was obvious that this new sport would have the committee to save Engine Company No. tourism and economic development. I am con­ a tremendously positive effect on all future 294. Eventually, this fire engine company was fident all these efforts will prove to be suc­ participants. This can be seen in the young reopened to restore safe living conditions for cessful and in the coming years, Uniontown men who took part in the International Base­ area residents. will remain a very bright and unique jewel in ball Tournament in Breda, Holland. Those in the Woodhaven community have the heritage of our Nation. The multi-national celebration of baseball come to recognize Maria Thomson's name as Again, I congratulate all the citizens of took place from August 18 to 26. The River a household word because of her sincere in­ Uniontown and know they will have a wonder­ Vale American Legion team was the only terest and dedication to community better­ ful day to celebrate their beginnings and American team to participate in the tour­ ment. She is known to always be ready to renew their community spirit. nament. Other countries which competed in lend an ear and a hand to anyone who asks the week-long activity included Russia, Italy, for her assistance. It is for all these reasons France, Germany and Holland, the host coun­ which I take great pride in recognizing Mrs. THE 50TH ALUMNI ASSOCIATION try. While in Holland, the players lived with na­ Maria Thomson as true community hero. I REUNION AT ST. AGNES HOME tive families, toured various cities and at­ urge my colleagues to recognize her and wish FOR BOYS tended a number of social functions. her well in all of her future endeavors. The group of 12 young men who success­ HON. BENJAMIN A. GILMAN fully represented the United States included: OF NEW YORK CONGRATULATIONS TO UNION- Steven Batista, Michael Della Donna, Seth IN THE HOUSE OF REPRESENTATIVES Jason Testa, Craig De Vincenzo, Luke Frezza, TOWN, PA, AS IT MARKS ITS Thursday, September 26, 1996 Mathew Kent, Michael Wren, Scott Clark, Mi­ 200TH BIRTHDAY chael Russini, Russell Romano, Thomas Mr. GILMAN. Mr. Speaker, the St. Agnes Lamanowicz, and Thomas King. Each athlete HON. FRANK MASCARA Home for Boys in Sparkill, NY, was an out­ earned the respect of his peers. Joseph OF PENNSYLVANIA standing home for orphaned boys for over 100 Pistone and Thomas De Vincenzo coached IN THE HOUSE OF REPRESENTATIVES years. It closed its doors forever back in 1977, them to their undefeated, 10-0, tournament­ but the many boys who were raised by the Thursday, September 26, 1996 winning record. loving Dominican Sisters of Sparkill will never I am certain that my colleagues will join me Mr. MASCARA. Mr. Speaker, I would like to forget their kindnesses and the outstanding in recognizing the outstanding efforts of the take a moment today to congratulate the resi­ lessons of life that they learned there. River Vale American Legion baseball team. dents of the historic city of Uniontown, PA, lo­ In its over 100 years of existence, thou­ The cause of mutual cooperation and under­ cated in my district, as they celebrate their bi­ sands of orphaned and needy boys were standing among people in the United States centennial on October 5, 1996. reared at St. Agnes home. The home taught and Europe was greatly enhanced by their Two hundred years ago, in 1796, this beau­ these youngsters the importance of patriotism, participation. These young men will long be tiful town, nestled in the foothills of the Appa­ which is underscored by the fact that over 555 remembered as international ambassadors of lachian Mountains, was officially incorporated graduates of St. Agnes served in the Armed our national pastime. as a borough. From its earliest days, it held a Forces of our Nation during World War II major spot in the country's history. alone. It is hard to believe that any school so From its beginnings, Uniontown was consid­ small anywhere else in the Nation could pos­ TRIBUTE TO HONOR MRS. MARIA ered an important market spot, drawing buyers sibly have produced so many soldiers. Sadly, THOMSON OF WOODHAVEN, NY, and sellers alike from southwestern Pennsyl­ 39 of them were killed in action during that BY PLACING HER NAME IN THE vania and neighboring Maryland and West Vir­ conflict-a record of valor which is probably CONGRESSIONAL RECORD ginia. This economic activity helped Uniontown unequaled. become a popular resting stop along the Na­ One graduate of St. Agnes, Gerald F. HON. CHARLFS E. SCHUMER tion's first national highway which ran through Merna, is today the vice president of the OF NEW YORK the center of town. As such, Uniontown played American Defense Preparedness Association, IN THE HOUSE OF REPRESENTATIVES a crucial role in encouraging the growth and headquartered in Arlington, VA. Another is his movement of our Nation westward. brother James, a resident of Lanham, MD, Thursday, September 26, 1996 Uniontown also holds the distinction of who now serves as chairman of public rela­ Mr. SCHUMER. Mr. Speaker, I rise today to being one of the centers of the Whiskey Re­ tions for the St. Agnes Alumni Association. pay tribute to an unselfish and dedicated citi- bellion, the Farmers Tax Revolt of 1791-94, Jerry, James, and their four brothers all were September 26, 1996 EXTENSIONS OF REMARKS 25291 raised at St. Agnes. Their eldest brother, WELCOME TO AMBASSADOR choose to pursue the issue, however, we have George, was killed at the age of 19 in a sea JASON HU little doubt that's an argument Messrs. Dole battle during World War II. and Kemp would win. The gold standard has pretty good history, On August 24 of this year, the St. Agnes HON. DAVID RJNDERBURK after all. Alexander Hamilton placed Amer­ Alumni Association conducted its 50th anniver­ OF NORTH CAROLINA ica on a gold standard as part of his effort to sary reunion. Seventy-five alumni of St. Agnes IN THE HOUSE OF REPRESENTATIVES refinance the young country's debt following from all across the Nation came to Rockland the Revolution. The link with gold was bro­ County, in my congressional district, to pay Thursday, September 26, 1996 ken temporarily during the Civil War and in tribute to the sisters, and the sports coaches, Mr. FUNDERBURK. Mr. Speaker, greetings the early 1930s, but it was soon reestablished who molded them into outstanding citizens, and best wishes to the Republic of China's in both cases. And for good reason: The gold and to reminisce about their incredible experi­ standard proved a durable and politically po­ Washington representative, Ambassador tent means of ensuring the value of the dol­ ences at St. Agnes. Jason Hu. He comes to Washington from his lar. The Speaker of the House generated a last post as the Republic of China's Director­ After the remaining links to gold estab­ great deal of controversy last year regarding General of the Government Information Office. lished under the postwar Bretton Woods his comments on orphanages. Here is an ex­ With his wide government experiences and a agreement were finally broken by Richard ample of an orphanage which filled a commu­ solid background in politics and commerce, Nixon in the early 1970s, inflation soared. nity need and became a beacon for thousands Ambassador Hu will forge ever stronger links The market price of gold itself vaulted from of youngsters. between his country and ours. I heartily bid $35 an ounce to $850 an ounce. It's still sell­ ing for more than $380 an ounce-more than Mr. Speaker, I wish to insert into the CON­ him welcome and look forward to working with 10 times its price only 25 years ago. GRESSIONAL RECORD the newspaper article him and his colleagues. If you wonder why the American middle dated August 25 which appeared in the Rock­ As I welcome Ambassador Hu to Washing­ class is still feeling "anxious" about its liv­ land Journal News recounting the recent re­ ton, I hope the Republic of China will be able ing standards, you need look little further union: to return to the United Nations and other inter­ than at the massive expropriation of wealth [From the Rockland Journal News, Aug. 25, national organizations as soon as possible. As and income that this represents. Little won­ 1996] an economic power and a symbol of democ­ der it is so tough to wean people from such racy, Taiwan deserves the world's respect and " middle-class entitlements" as Medicare, ST. AGNES ALUMNI CELEBRATE MEMORIES Social Security benefits, day-care and col­ recognition. Since 1949, the Republic of China (By Richard Gooden) lege tuition subsidies. on Taiwan has moved from an agricultural so­ Many conservative "monetarists" share Sparkill.-Art Kingsley provided humor, ciety, exporting only bananas and sugar, to a emotion and nostalgia yesterday during the the belief of liberals that gold is " a bar­ 50th anniversary celebration of St. Agnes major trading nation today. Moreover, the 21 barous relic," in the words of the late, great Alumni Association's founding. He held the million people on Taiwan are prosperous and British economist, John Maynard Keynes. attention of 75 feisty people, in 85-degree free. They prefer allowing the dollar to "float" heat, on the grounds of the Dominican Con­ Last but not least, I would like to take this in value, letting its price be determined in vent. occasion to congratulate President Lee Teng­ world markets by supply and demand. And That was the easy part. the Federal Reserve System, under Chair­ hui and Vice President Lien Chien. I wish man Alan Greenspan, appears to be doing a In order to prepare for the day's events, them good luck as they prepare to celebrate credible job of wringing inflation out of the the 73-year-old World War II veteran and their National Day on October 10, 1996. economy and keeping the dollar stable former resident of the St. Agnes Orphanage against other currencies. used a chain saw to remove two plaques from But it's no secret that one reason for Mr. a wall of the Hallan Building. He bought a GOLD ISN'T A WACKO IDEA Greenspan's success is that he keeps a close third plaque. He then dug a shallow 10-by-5 informal eye on gold prices. Before he be­ bed on the lawn, filled it with gray stone and HON. PHILIP M. CRANE came Fed chairman, he openly expressed embedded the plaques in a cream marble. support for a gold standard on grounds that "This is a beautiful work of art," said OF ILLINOIS gold is an excellent barometer of the supply James Merna, a resident of St. Agnes from IN THE HOUSE OF REPRESENTATIVES and demand for paper money. 1946 to 1950 and now head of public relations Thursday, September 26, 1996 But Mr. Greenspan may not be around for­ for the alumni association. "Art Kingsley ever. And interest rates remain stubbornly made this all happen today." Mr. CRANE. Mr. Speaker, an old friend, high by historical standards, imposing a The corner plaques were dedicated to St. Owen Frisby brought to my attention an Au­ huge cost not only on the federal budget but Agnes physical education teacher James gust 19, 1996 article featured in The Detroit on the average American. These higher in­ Faulk and the nuns who worked at the home. terest rates reflect the premium charged by The convent closed the orphanage in 1977. News, pertaining to the gold standard. I have contended for years that in order to lenders who must worry about the future The plaque in the middle honored the 39 course of the dollar. When gold was the soldiers that attended St. Agnes, who died in revitalize our Nation's economy, we must re­ standard, long-term rates seldom rose above World War II and the Korean War. move from Government the temptation and 4-5 percent, compared with at least 6-8 per­ Merna, a stocky round-faced man, eager to the ability to produce chronic budget deficits. cent today. help all in attendance, reminisced on the Restoration of a dependable monetary stand­ Few ordinary citizens can comprehend the transformation from childhood to manhood ard based on a commodity with fixed value Federal Reserve's money-market manipula­ at St. Agnes. would, by making monetization impossible, ac­ tions. They must guess at what's going on "We went from the ballfields of St. Agnes complish this. It is for this reason that I have behind the doors at the Fed. The result is to the battlefield of World War II and the Ko­ introduced legislation in previous Congresses they demand a premium as a hedge against rean War," said the Marine veteran who future inflation. graduated from Tappan Zee High School. reestablishing the Gold Standard. But even ordinary citizens can understand Merna challenges any orphanage to equal or The author of the article emphasizes that a gold standard. When the price of gold rises, eclipse the 555 St. Agnes residents who went the Gold Standard has been tested, and prov­ they know that inflation may be in the off­ on to become soldiers. en over the centuries as the best mechanism ing. When it falls, they know it's time for Merna credits Faulk, who died in 1985, with to protect against destructive inflation and de­ the Fed to print more dollars in order to fend shaping the orphans into productive citizens. flation. I commend to the attention of my col­ of deflation. A gold standard gives voters a In honor of his role model, Merna named his leagues, "Gold Isn't a Wacko Idea." practical reality check on the performance first child James Faulk. of the elites in Washington. [The Detroit News, August 19, 1996) Pete Lawton, a resident at St. Agnes from In short, the gold standard is no wacko 1940 to 1948, also shared his recollections of GOLD ISN'T A WACKO IDEA idea. It's been tested over centuries. It may the football coach while posing for a picture Even before had been named as not be perfect, but is has provided a better beside the plaques. Robert Dole's running partner, the Clinton hedge against the ravages of inflation and " This man was an inspiration to us kids," White House was on the attack. In addition deflation than most other systems. And it is said Lawton, a Congers resident who was at to bashing his tax-cutting ideas, aides to the a fundamentally democratic mechanism that the orphanage from age 6 through 13. "He is president cited Mr. Kemp's affinity for a re­ enhances the ability of the ordinary citizen the major reason why most of the St. Agnes turn to the gold standard as further proof to control his or her destiny. What's wacko kids lived decent lives." that he's an economic wacko. Should he is the notion the folks in Washington have 25292 EXTENSIONS OF REMARKS September 26, 1996 done such a swell job maintaining the value livery of a health care item or service, or pa­ community's awareness of the sacrifices our of the dollar. tient abuse. The purpose of the Secretary's veterans have made, post members partici­ exclusion authority is to protect the public, as pate in the local Memorial Day and Independ­ well as the beneficiaries of the Medicare and ence Day parades, along with the grave site THE MEDICARE AND MEDICAID State health care programs, from individuals memorial services at nearby Calverton Na­ RECOVERY ACT OF 1996 and entities who have demonstrated by their tional Cemetery. past conduct that they are untrustworthy. This In this, the Jewish War Veterans' centennial HON. FORTNEY PETE STARK bill makes clear that the Bankruptcy Code anniversary year, its members continue to OF CALIFORNIA should not be used to defeat this congres­ work for the ideals on which the organization IN THE HOUSE OF REPRESENTATIVES sional purpose. was founded. Remembering the sacrifices of Thursday, September 26, 1996 all veterans is central to those ideals and the J.W.V. is working tirelessly to convince the Mr. STARK. Mr. Speaker, today I am intro­ TRIBUTE TO THE THREE VILLAGE U.S. Postal Service to issue a commemorative ducing the Medicare and Medicaid Recovery POST NO. 336 OF THE JEWISH stamp to honor the Jewish War Veterans' Act of 1996. WAR VETERANS 1OOth anniversary. Mr. Speaker, it was the Providers and suppliers are using the Bank­ selfless sacrifices of all veterans that have ruptcy Code as a vehicle to defeat the Sec­ HON. MICHAEL P. FORBES made America a great republic. None have retary's effort to recoup overpayments from OF NEW YORK sacrificed more, nor have others worked hard­ the Medicare trust funds. Specifically, provid­ IN THE HOUSE OF REPRESENTATIVES er to protect America's democratic ideals than ers and suppliers, who owe financial obliga­ Thursday, September 26, 1996 our Jewish war veterans. I respectfully request tions to Medicare, are seeking relief from that the entire U.S. Congress join me in salut­ bankruptcy courts to have their outstanding Mr. FORBES. Mr. Speaker, I rise today to ing the 1OOth anniversary of the Jewish War overpayments, which are unsecured, dis­ pay tribute to the Jewish War Veterans of the Veterans of the United States of America. charge or greatly reduced. The Medicare Pro­ United States of America, a venerable veter­ Congratulations. gram has been unsuccessful in efforts to halt ans' organization that is celebrating its 1OOth such action. anniversary this year. Federal bankruptcy legislation is designed to In particular, Mr. Speaker, I ask my col­ TRIBUTE TO TOM BEVILL provide equality to all creditors in the distribu­ leagues in the U.S. House of Representatives tion of a debtor's assets. However, there are to join me in saluting the Three Village Post HON. SIDNEY R. YATES three main exceptions to the equal distribution No. 336 of the Jewish War Veterans, located OF ILLINOIS principle that allow some creditors · to receive in Port Jefferson Station, Long Island, NY. As IN THE HOUSE OF REPRESENTATIVES more than others. The three main devices for members of America's armed services, Three some creditors getting more are, first, liens, Village Post members served their country Thursday, September 26, 1996 second, exceptions to discharge, and third, with exemplary patriotic duty. As part of the Mr. YATES. Mr. Speaker, I rise today in priorities. Jewish War Veterans they epitomize those pa­ honor of my dear friend, TOM BEVILL. TOM is With the third main exception-priority­ triotic ideals, striving to maintain recognition of retiring after this session and I am saddened creditors have a demand to first payment from their comrades' sacrifices, while working to to see such a thoughtful legislator leave this any assets the debtors have available for pay­ protect the rights and well-being of all veter­ House, but I am grateful to have had the dis­ ment to unsecured creditors. Creditors with ans. tinct pleasure of serving with a man whose in­ priorities get paid before other unsecured The oldest, continuously active veterans or­ tegrity is an example to us all. creditors. ganization in the United States, the Hebrew In his time in the House, TOM won respect The Federal Government has long had a Union Veterans Association was established from both sides of the aisle for being a decent, priority for taxes, duties, and related penalties. on March 15, 1896 by Civil War veterans of honorable gentleman. However, it does not have a priority for nontax the Union Army. Part of the group's original TOM and I have been good friends since claims, such as Medicare and Medicaid over­ function was to help dispel the persistent 1966, the year he was first elected to the payments to providers. The Government's pri­ falsehood that Jews did not serve in the Civil House. As chairman and ranking member of ority for nontax claims was abolished in 1979. War. After World War I, when the group's rolls the Energy and Water Subcommittee, TOM A 1992 report issued by the Office of In­ ballooned, they changed their name to the has served the Nation and the Congress with spector General, entitled "Federal Recovery of Jewish War Verterans-USA. rare distinction and poise and we are all in his Overpayments from Bankrupt Providers," To celebrate the J.W.V. centennial anniver­ debt. found that as of March 1991, the Medicare sary, on Sunday, October 27, the Three Vil­ His mentor and mate, beloved Lou, de­ trust funds lost $109 million due to the ability lage Post will hold a special ceremony at the serves accolades, a wonderful woman. I know of providers and suppliers to discharge their North Shore Jewish Center, in Setauket. At they will enjoy finally being able to spend time outstanding overpayments. While the report the centennial celebration, post members, together back in Alabama. recommends giving Medicare claims a priority their family, friends, and supporters will pay TOM is, without question, one of the most status in bankruptcy, better cost savings would homage to those Jewish War Veterans who able and dedicated Members who has ever be achieved by excepting these claims from have fought and sacrificed in defense of de­ served. It has been an honor to have shared discharge. This bill would correct this situation mocracy, so that America may remain strong this floor with him. TOM will truly be missed. by prohibiting providers and suppliers from and its people free. As Post Commander Rob­ using a bankruptcy forum to avoid these out­ ert Sandberg wrote to me, in a brief history of standing obligations. J.W.V. and Post No. 366: "The J.W.V. can be INTRODUCTION OF LEGISLATION This bill addresses a second problem-indi­ doubly proud. First, that we can live peacefully TO SUSPEND DUTIES ON CER­ viduals who owe financial obligations to the and freely in this wonderful country, and sec­ TAIN IMPORTED RAW MATE­ United States, or who have had a program ex­ ond, that American Jews themselves and their RIALS clusion imposed against them for other rea­ forebears fought and helped win that peace sons, are seeking relief from the bankruptcy and freedom." HON. JIM McDERMOTI courts to have their exclusion subject to the Since establishing its charter on January 27, OF WASHING TON automatic stay. Currently, the Secretary of 1975, the Three Village Post has sustained IN THE HOUSE OF REPRESENTATIVES HHS is required to exclude from participation the benevolent and patriotic traditions of the in the Medicare and State health care pro­ J.W.V. Its members have spent thousands of Thursday, September 26, 1996 grams health care professionals who have de­ volunteer hours working with the residents of Mr. McDERMOTI. Mr. Speaker, today I am faulted on their student loan or scholarship ob­ the Northport Veterans Hospital and the State introducing legislation which supports impor­ ligations owed to the United States. There are Veterans Home at Stony Brook. Each year, tant regional and national interests. also a number of other bases for exclusion, two local high school seniors receive a Jewish My home, the 7th Congressional District of such as criminal convictions related to the de- War Veterans' scholarship. To maintain the Washington, is also the home of K2 Corp. the September 26, 1996 EXTENSIONS OF REMARKS 25293 last remaining major U.S. manufacturer of skis I believe other members will comment more standing service to children. Martha has been and one of three major makers of snowboards fully on Father Sauve's accomplishments, but the central force in the development of TACC. in the United States. K2 conducts all signifi­ it is quite clear that he made immense con­ Through her vision and leadership, she has cant manufacturing operations for skis and tributions to education in general and Jesuit encouraged its growth from a small group who snowboards at its Vashon Island, WA facility. education in particular. In his passing, we developed the first child care centers through In fact, all K2 snowboards and virtually all K2 have all suffered a great loss, but through his the Model Cities Program to what it is today: and Olin-brand skis sold throughout the world life we have all gained immeasurably. No a large network that makes a positive impact are individually crafted by technicians on greater tribute can be paid to any man. upon the lives of 20,000 children each day in Vashon Island. Moreover, K2 sources almost I wish to extend my deepest sympathy to Tucson, Phoenix, Yuma, Sierra Vista, Doug­ all of the components for its skis and Father Sauve's family and friends, and hope las, and Nogales. snowboards in the U.S. stimulating the U.S. that they will not only mourn his death, but be The basic mission of T ACC is to provide economy through its purchases of raw mate­ able to celebrate his life. daily care for young children through a small rials from U.S. suppliers, especially in the Pa­ group setting by licensed family care workers cific Northwest region of the country. However, in their homes. This system provides the small for two key ski and snowboard components, TRIBUTE TO DR. LYUSHEN SHEN group attention needed by young children i.e., spring steel edges and polyethylene base while monitoring their safety and health materials, K2 has been unable to find a sup­ HON. GERALD B.H. SOLOMON through the DES regulatory and TACC over­ sight services. No child care provider in Ari­ plier of these products in the United States OF NEW YORK zona is more respected than T ACC. that can meet its needs. Therefore, K2 has IN THE HOUSE OF REPRESENTATIVES been forced to import these products, which In providing daily child care for children, it are subject to U.S. customs duties upon im­ Thursday, September 26, 1996 became apparent to Martha that additional portation. This legislation provides for a tem­ Mr. SOLOMON. Mr. Speaker, I would like to services and family support services were porary suspension of customs duty on the two pay tribute to a friend of mine and a friend of needed. Because Martha is a master of bring­ raw materials which are vital to the U.S. pro­ America who unfortunately will be leaving ing visions into reality, the following lists only duction of skis and snowboards and which are Washington this week after spending many a few of the services that have been initiated through T ACC: The Center for Adolescent unavailable from domestic producers. years here. Parents, Happy Hours School Age Child Care K2 is working hard to remain visible in the Dr. Lyushen Shen, director of public affairs Program, Happy Hours Summer Camp, Edu­ highly competitive international market for skis at the Taipei Economic and Cultural Rep­ cational Intervention for Children and Families, and snowboards. In fact, K2 has endured as resentative Office here in Washington, will be a U.S. ski manufacturer in the face of fierce Pima County Health Start, TLC: Choices for returning home to the Republic of China on Families, Sick Child Program, Kidline, price competition, while several other major Taiwan where he will assume his new post as ski companies not longer manufacture skis in Parentline. director of North American Affairs in the Min­ Martha Rothman's determination to provide the United States. This temporary duty sus­ istry of Foreign Affairs. I am absolutely certain quality services and care for children has led pension legislation would support jobs in the that Lyushen will succeed in this important to her involvement in a number of professional region, as well as K2's ability to continue de­ post which directly affects the working relation­ organizations that work for the betterment of veloping innovative, fine quality products. ship between the Republic of China and the children. Her commitment to excellence has Equally important, a temporary duty suspen­ United States. earned her many awards and accolades from sion would help K2 preserve and increase its Dr. Shen has been the chief congressional a grateful and admiring community. She has competitiveness in the global marketplace. liaison for the Republic of China for many been honored as the Woman of the Year by K2 is the only major export of skis made in years. He has nurtured the steady improve­ the Tucson Jewish Community Council, as a the United States. In addition, K2 is one of ment of United States-Republic of China rela­ Woman on the Move by the YWCA, as a Pace three principal exporters of U.S.-made tions, and has been a truly indispensable dip­ Setter by the United Way, and she has re­ snowboards. Thus, K2's exports of U.S.-manu­ lomatic resource. The American people, in­ ceived the Governor's Meritorious Service factured skis and snowboards represent a cluding Members of Congress, all have a fa­ Award. The list continues and her other substantial percentage of U.S. skis and vorable impression of Taiwan. awards are equally noteworthy. snowboards sold worldwide. If K2 is unable to This is directly attributable to the personal As her impressive list of awards and honors remain competitive in global and domestic efforts made by officials such as Lyushen testifies, her work through the TACC is ex­ · markets, skis manufactured in the United Shen. Lyushen has always been clear yet pa­ traordinary. For this reason, I pay tribute today States may disappear from the global market­ tient in explaining to us the differences be­ to Martha K. Rothman, a woman of great vi­ place. The temporary duty suspension pro­ tween the cultures of the East and West, his sion who has truly changed the world for thou­ posed by this legislation would help prevent government's efforts in reducing its trade sur­ sands of our children. the shutdown of the only remaining U.S. pro­ plus with the U.S. and his people's deep affec­ ducer of skis. tion and regard for the American people. MEETING OUR BINATIONAL COM­ As a Member of Congress who has strongly MITMENTS TO PROTECT THE TRIBUTE TO FATHER JAMES W. supported the Taiwanese in their struggle for GREAT LAKES SAUVE democracy and prosperity, I have appreciated Lyushen's input. It has been my privilege to HON. JOHN D. DINGELL HON. 1HOMAS E. PETRI work with Lyushen over the years, and I will miss him. OF MICHIGAN OF WISCONSIN I wish him and his family the very best. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, September 26, 1996 Thursday, September 26, 1996 Mr. DINGELL. Mr. Speaker, earlier this year Mr. PETRI. Mr. Speaker, it is with the deep­ HONORING MARTHA K. ROTHMAN I joined several colleagues who expressed est regret that I note the passing this past concern about funding for the control of the Monday, September 23, of Father James W. HON. ED PASTOR sea lamprey. a nonindigenous creature that for Sauve, who was most recently the executive OF ARIZONA more than 50 years has threatened the eco­ director of the Association of Jesuit Colleges IN THE HOUSE OF REPRESENTATIVES logical and economic health of the $4 billion and Universities. Great Lakes Fishery. Father Sauve was born in Two Rivers, WI, Thursday, September 26, 1996 As we prepare to consider an omnibus ap­ where his father Willard still lives. He spent 1O Mr. PASTOR. Mr. Speaker, I rise today to propriations bill for fiscal year 1997, I thought years at Marquette University in Milwaukee as pay tribute to an outstanding leader of the I should share with my colleagues a commu­ a professor, campus minister and adminis­ child care community in Arizona and in the nication I received from the Government of trator; and another 1O years in Rome as Exec­ Nation, Martha K. Rothman, and to congratu­ Canada, assuring me of our northern neigh­ utive Secretary of the International Center for late her organization, the Tucson Association bor's continued commitment to the sea lam­ Jesuit Education. of Child Care [T ACC] for its 25 years of out- prey control program administered jointly with 25294 EXTENSIONS OF REMARKS September 26, 1996 the United States through the Great Lakes prove his beloved community. The beginning of the Broad and Olney SEPTA Transportation Fishery Commission [GLFC], as well as con­ of the school year in Texas reminds us of his Station, which forms a central hub in North­ tinuation of the Great Lakes Fishery Conven­ contributions to education and central Texas west Philadelphia, guided the quality control tion Act. youth. and fiscal management of the Logan Police I was informed also that Canada is greatly Robert Stubblefield, known as Stubby to his Sub-Station, the only professionally managed concerned about action taken in the other friends, moved to Killeen in 1951. He worked police sub-station in the city, and received body of Congress to scale back the U.S. con­ as a postal employee for more than 35 years funds from the Philadelphia Private Industry tribution to the Commission by $1.5 million and rose to the supervisory ranks. Robert Council with which they created a successful from the House-approved funding level. It is Stubblefield served as a justice of the peace job training program for low and moderate in­ my hope that conferees to any omnibus bill for 10 years. In addition he was a volunteer come residents in the healthcare industry will retain the House language on funding, but firefighter and served as president of the State which has been cited as a model for other recede to Senate language which wisely re­ Fireman's and Fire Marshalls' Association of such programs. tains the GLFC within the Department of Texas. Utilizing a $50,000 grant awarded by the State, as was discussed during debate in the A strong advocate of education, Robert U.S. Department of Justice the CBC has im­ House on H.R. 3814. Stubblefield was a trustee for 18 years and plemented exciting youth workshops and pro­ Mr. Speaker, I have attached the cor­ served as president of the Killeen Independent vided minigrants to local youth organizations. respondence of Canadian Charge d'affaires School District. Robert Stubblefield believed With another $350,000 in grant awards, the D.G. Waddell. I urge my colleagues to remem­ that children were a valuable asset. He crafted CBC is establishing a Small Business Incuba­ ber the pressing needs of our Great Lakes as a juvenile program in his justice of the peace tor to link the purchasing power of BCB mem­ we conclude the 104th Congress. court that moved young offenders from the ber institutions to the Incubator tenants. CANADIAN EMBASSY, streets back to study and a high school di­ In light of its many contributions to North­ AMBASSADE DU CANADA, ploma. He devoted countless hours to many west Philadelphia's residents and community Washington, DC, September 20, 1996. local youth programs. organizations, I hope that my colleagues will Hon. JOHN DINGELL, I ask Members to join with me in honoring join me today in wishing "happy birthday" to House of Representatives, Rayburn House Office the memory of Robert Stubblefield, a man who the Campus Boulevard Corp. and congratulate Building. Washington, DC. will be sorely missed. Our thoughts and pray­ its board of directors and staff for 15 years of DEAR CONGRESSMAN DINGELL: On January "a different kind of partnering." 31, you wrote to Ambassador Chretien ex­ ers go out to the family and friends of this pressing concerns regarding a reduction in community leader. Canadian funding and legislative initiatives INVESTIGATION OF JOSEPH for the Great Lakes Fishery Commission. I OCCHIPINTI am pleased to follow up, in the Ambassador's TRIBUTE TO THE CAMPUS BOULE­ absence. on his interim response to you of VARD CORP. ON ITS 15TH-YEAR March 6. On August 7, following discussions ANNIVERSARY HON. JAMFS A. TRAflCANf, JR. with the Province of Ontario and Canadian OF OHIO stakeholder groups, the Honorable Fred Miff­ HON. TIIOMAS M. FOGUETIA IN THE HOUSE OF REPRESENTATIVES lin, Minister of Fisheries and Oceans, an­ Thursday, September 26, 1996 nounced that the Federal Government has OF PENNSYLVANIA decided to maintain funding for the Great IN THE HOUSE OF REPRESENTATIVES Mr. TRAFICANT. Mr. Speaker. as part of Lakes Sea Lamprey Control Program for fis­ Thursday, September 26, 1996 my on-going investigation of the case of cal years 199&-97 and 1997-98. I enclose a copy former Immigration and Naturalization Service of the press release issued in this respect. Mr. FOGLIETTA. Mr. Speaker, I rise today agent Joseph Occhipinti, I am inserting into I am also pleased to inform you that the to pay tribute on the occasion of the 15th-year the RECORD the following sworn affidavit: Department of Fisheries and Oceans has de­ anniversary of the Campus Boulevard Corp. cided not to reconunend the repeal of the AFFIDAVIT, STATE OF NEW JERSEY, COUNTY OF The Campus Boulevard Corp. [CBC] is a MONMOUTH Great Lakes Fishery Convention Act. collaborative organization of nine educational Meanwhile, I understand that a sub­ William Acosta, Being Duly Sworn, De­ committee of the Senate Committee on Ap­ and health-related institutions in Northwest poses and States: propriations has reduced the United States Philadelphia consisting of the Albert Einstein 1. I executed this affidavit on behalf of funding for the Commission by U.S. Sl.5 mil­ Healthcare Network, Central High School, Staten Island Borough President Guy V. lion. The Canadian government is accord­ Germantown Hospital, LaSalle University, Molinari and U.S. Representative James ingly concerned by what appears to signal a Manna Bible Institute, Pennsylvania College of Traficant, Jr. who are investigating the al­ leged drug cartel conspiracy against former weakening of the U.S. commitment to the Optometry, Philadelphia Geriatric Center, goals of the 1954 treaty and to a strong, Immigration & Naturalization Service Agent Philadelphia High School for Girls, and the Joseph Occhipinti. I possess evidence which healthy Great Lakes fishery. Widener Memorial School. Incorporated in I would, therefore, be grateful if you would can corroborate the drug cartel conspiracy convey these concerns to your colleagues on 1981, CBC's mission is to enhance the eco­ against Mr. Occhipinti and I have agreed to the appropriate committees. nomic and social environment for those who share that evidence with the United States Yours sincerely, use these institutions as well as for those who Congress and Borough President Molinari. live and work in the neighborhoods of Belfield, 2. I am a former thirteen year law enforce­ D.G. WADDELL, ment official who successfully infiltrated the Charge d'affaries, a.i. Ogontz, Fern Rock, Germantown, and Logan Medellin and Cali Colombian drug cartels. I which surround them. am considered an expert on the Colombian Through CBC's efforts, these institutions and Dominican drug and money laundering MOURNING THE LOSS OF KILLEEN have developed a vision for the advancement operations in the New York City area. JUSTICE OF THE PEACE ROBERT of economic vitality and safety for the Campus 3. In 1987, I was previously employed as an L. STUBBLEFIELD Boulevard/Olney Avenue area. In order to ac­ undercover operative for the United States tualize this vision, CBC has encouraged part­ Customs Service, wherein I was assigned to route out corruption at John F. Kennedy nerships between community organizations, HON. CHET EDWARDS International Airport. In 1987, I was the prin­ OF TEXAS member institutions, government agencies and ciple undercover agent on "Operation Air­ IN THE HOUSE OF REPRESENTATIVES others. As part of this process, CBC has cre­ port 88". which resulted in the prosecution ated programs to advance economic and com­ and conviction of seventeen government offi­ Thursday, September 26, 1996 munity development, promote a healthy and cials for bribery corruption and related Mr. EDWARDS. Mr. Speaker, I rise today to safe environment, attract development re­ criminal charges. I was then promoted to share with Members the loss of a community sources, and act as an advocate for increased Special Agent and reassigned to the Los An­ leader in my 11th Texas Congressional Dis­ geles District Office. public services. 4. In 1990, I was appointed to the New York trict. Exhibiting this type of commitment to the City Police Department as a Police Officer. Robert L. Stubblefield died July 28 from community for the past 15 years, CBC has a In view of my Colombian heritage and con­ lung cancer. This strong and able public serv­ long and illustrious list of achievements. They fidential sources close to the Colombian car­ ant went far beyond his official duties to im- have successfully lobbied for the development tel, I was eventually assigned to the Internal September 26, 1996 EXTENSIONS OF REMARKS 25295 Affairs Unit. During my undercover activity, missioner Walter Mack, who I directly I am a former editor of El Diario/La Prensa I generated evidence of police corruption for worked for, was intentionally fired because Newspaper and am currently the editor of a the Deputy Commissioner of Internal Affairs of his efforts to expose police corruption. I weekly newspaper published in the Spanish which was later corroborated by the " Mollen plan to make public this evidence to the language known as Canbyo. Commission" hearings which investigated United States Congress, as well as key mem­ During the course of my work for Canbyo, pol!ce corruption. bers of the media in order to preserve this I undertook to write an expose concerning 5. On January 14, 1992, Manuel De Dios, a evidence in the event I am assassinated like criminal complaints brought against an Im­ close personal friend and world renown jour­ Mr. De Dios. migration and Naturalization Service Super­ nalist executed the attached notarized affi­ 9. It should also be noted that Criminal In­ visory Special Agent named Joseph davit, wherein, Mr. Dios corroborated the ex­ vestigators Benjamin Saurino and Ronald Occhipinti by various members of the Fed­ istence of a drug cartel conspiracy against Gardella of the U.S. Attorney's Office in eration of Dominican Merchants and Indus­ Mr. Occhipinti. The orchestrators of the con­ Manhattan similarly ignored the evidence I trialists of New York. spiracy were major Dominican organized brought forward to them on the Nine Kings During the course of my investigatory crime figures connected with the " Domini­ and Dominican Federation. These two inves­ work in researching for the article, I inter­ can Federation" which is the front for the tigators who were credited for convicting viewed numerous individuals who are mem­ Dominican drug cartel. The Federation are Mr. Occhipinti and they made it clear to me bers of the Federation of Dominican Mer­ the principle drug distributors in the United they didn't want to hear the evidence I had chants and Industrialists of New York. These States for the Colombian cartel. Unfortu­ on the Federation which could have exoner­ individuals confided to me that Mr. nately, Mr. De Dios was assassinated before ated Mr. Occhipinti. They were only inter­ Occhipinti had been set up by the Federation he could bring forward his sources who could ested in corruption cases I had brought to and that the complaints against him were prove the drug cartel conspiracy against Mr. their office. In fact, I recall a conversation, fraudulent. These individuals have indicated Occhipinti. After Mr. De Dias assassination, wherein, Investigator Saurino asked me to me that they are in fear of their safety I too became fearful of my personal safety about my involvement with Manuel De Dios and as a result would not go public with this and never made public the evidence on the and if I knew anything about the Occhipinti information. Occhipinti case. case. He then stopped and referred to I would be more than willing to share my 6. It should be noted that I personally as­ Occipinti in a derogatory manner, by saying information with any law enforcement agen­ sisted Mr. De Dias in this investigation of " He's no * * * good" . Realizing his bias and cies or Courts concerned with these matters the Occhipinti case which corroborated the lack of interest in investigating the Federa­ and would cooperate fully in any further in­ Federation conspiracy. In fact, I personally tion and Nine Kings, I changed the subject of vestigations. accompanied Mr. De Dios to the Washington conversa ti on. MANUAL DEDIOS. Heights area where we secretly taped re­ 10. In April, 1995, I resigned from the New corded Federation members who conformed York City Police Department, Internal Af­ the drug cartel conspiracy. Those tapes still fairs Unit after it became evident that my exist and can exonerate Mr. Occhipinti. In efforts to expose police corruption was being essence, Mr. Occhipinti was set up because of hampered. The same reason why I believe TRIBUTE TO WARREN AND FOR­ his increased enforcement efforts on Project Commissioner Walter Mack was fired. It be­ EST COUNTIES RETIRED AND Bodega which was exposing and hurting the came evident to me that my life was in emi­ SENIOR VOLUNTEER PROGRAM Dominican Federation's criminal operations nent danger and I could be easily set up on (R.S.V.P.) in New York City, which included illegal fabricated misconduct charges like Mr. wire transfers, drug distribution, gambling Occhipinti. In fact, they brought depart­ operations, food stamp fraud, food coupon mental charges against me in 1995 and I won HON. WILLIAM F. CLINGER, JR. fraud, among other organized crime activity. the case. The trial judge also admonished the OF PENNSYLVANIA 7. My investigation also determined that department on the record for perjury. Often, IN THE HOUSE OF REPRESENTATIVES Mr. Occhipinti was exposing a major money I found myself isolated and in constant dan­ laundering and loan sharking operation re­ ger working alone in the worst neighbor­ Thursday, September 26, 1996 lating to the Federation which was con­ hoods of the city without a backup. Today, I trolled by the "Sea Crest Trading Company" possess substantial evidence to prove that Mr. CLINGER. Mr. Speaker, I rise today to of Greenwich, Connecticut. Sea Crest also the NYC Police Department media campaign congratulate the Warren and Forest Counties maintains an office at 4750 Bronx River to demonstrate that they could independ­ Retired and Senior Volunteer Program Parkway in the Bronx, New York. Sea Crest ently police themselves and route out cor­ (R.S.V.P.} as they celebrate their 25th Anni­ was using the Capital National Bank in order ruption was simply a media ploy to avoid versary this month. to facilitate their money laundering oper­ having an independent counsel to oversee During my time in Congress, I've had the ations. In 1993, Carlos Cordoba, the President their internal affairs unit. In reality, corrup­ privilege to work with the R.S.V.P. and gain a of Capital National Bank was convicted in tion is still rampant in the department and Federal Court at Brooklyn, New York for high ranking police brass are intentionally more complete understanding of the outstand­ millions of dollars in money laundering and terminating viable corruption investigations ing work performed by R.S.V.P. volunteers. he received a token sentence of probation. in order to avoid future scandals exposed by From resolving transportation problems to as­ My investigation confirmed that Sea Crest, the Mollen Commission. I also possess a con­ sisting with local environmental issues, these as well as the Dominican Federation, are sensually monitored tape conversation which senior volunteers make a lasting impact on the being politically protected by high ranking implicates a high ranking police official who communities in which they live. public officials who have received illegal po­ received bribes from the Dominican Federa­ The R.S.V.P. provides an excellent oppor­ tion. litical contributions which were drug pro­ tunity for retired members of our area to re­ ceeds. In addition, the operatives in Sea 11. I am willing to testify before Congress Crest were former CIA Cuban operatives who as to the allegations set forth in this affida­ main active and productive. I have long be­ were involved in the "Bay of Pigs" . This is vit. In addition, I am willing to turn over to lieved that involvement by older Americans in one of the reasons why the intelligence com­ Borough President Molinari and Congress­ community-based solutions adds a unique and munity has consistently protected and insu­ man Traficant the documentary evidence I distinct perspective to each job that is per­ lated Sea Crest and the Dominican Federa­ possess on the Dominican Federation, the formed or project that is undertaken. And I can tion from criminal prosecution. Nine Kings and the Occhipinti drug cartel attest to the fact that our part of Pennsylvania 8. At present, there are nine major Colom­ conspiracy. There are other important pieces has benefited from the efforts of older Ameri­ of information relating to drug cartel oper­ bian drug fam111es which control drug oper­ cans through such valuable programs. ations in the New York City area. These drug ations and political corruption that I have families often referred to as the "Nine not made public in this affidavit in order to The Warren and Forest Counties R.S.V.P. Kings". The Dominican Federation are part protect my sources as well as ongoing media has coordinated the efforts of more than 500 of their drug trafficking and money launder­ investigations that I am involved with. In volunteers in 1995 alone. What is even more ing operations. I possess documentary evi­ addition, I am willing to submit to a poly­ impressive is the 47,000 hours of community dence, as well as video surveillance tapes of graph examination to prove the veracity of service performed by its participants! my allegations. their drug operations. In addition, the New Mr. Speaker, it is my distinct honor to con­ York City Police has investigative files to WILLIAM ACOSTA. corroborate this fact. I have also uncovered gratulate the Warren-Forest Counties R.S.V.P. substantial evidence of political and police AFFIDAVIT, STATE OF NEW YORK, COUNTY OF for 25 years of hard work and proven success. corruption which has been intentionally ig­ QUEENS Without question, their continued prosperity nored. In fact, it is my belief that former Manual DeDios, being duly sworn, deposes will enhance the quality of life that our fellow New York City Police Internal Affairs Corn- and says: Pennsylvanians have come to enjoy. 25296 EXTENSIONS OF REMARKS September 26, 1996 TRIBUTE TO THE NORTH CARO­ fire department. Anthony Muzzio became the His days were filled with great delights; he LINA SHAKESPEARE FESTIVAL first fire chief. kicked and played with all his might; Various trials and setbacks did not discour­ then summer rain hushed him to sleep. age the Fire Association from its mission. It The tiny child gave not a peep. HON. HOW ARD COBLE The Lord, called the angel to his Throne, His OF NORTH CAROLINA originally possessed only horse-drawn wag­ ons, but Northvale was able to purchase its tear-filled eyes like bright stars shone; IN THE HOUSE OF REPRESENTATIVES "They have no room for him, you see, first 500 gallon truck by 1927. Today, the as­ the way they had no room for Me." Thursday, September 26, 1996 sociation boasts a fleet of four trucks and an The angel sad, with head cast down, with Mr. COBLE. Mr. Speaker, since it is not like­ active membership of 50 firefighters. lonely eyes he looked around. "These ly that we will be in session when the anniver­ Northvale's first firehouse was built in 1900 men that Thou hast made like Thee sary occurs, I wanted to share with my col­ and underwent reconstruction in 1939. A se­ care not for life because it's free." leagues an upcoming milestone in the life of ries of renovations in 1970 brought it to its The angel then with sorrowed eyes journeyed an extraordinary arts program in the Sixth Dis­ present state. far beneath the skies, beyond the trict of North Carolina. On November 16, The dedication and commitment of moon's impassioned plea he shook his 1996, the North Carolina Shakespeare Fes­ Northvale's Fire Department is plainly obvious head and took his leave. tival [NCSF] in High Point, NC, will celebrate to even the most casual observer. Since 1965, The angel said with gentle tone, "Remember its 20th anniversary. For two decades, the its staff has trained at the Bergen County Fire Heaven is your home, beyond the NCSF has provided thousands of North Caro­ Academy and continues to attend well after clouds and past Death's Door, the Fa­ linians with an appreciation and understanding graduation to stay current on fire fighting tech­ ther waits forevermore!" of great works of art. niques. Over the past 100 years, the one thing As morning slipped right past the night the The North Carolina Shakespeare Festival that has remained constant has been the self­ world was eager for it's light; The sun lessness of the men who have served in in sorrow hid his face from earth, and was founded in High Point in 1977 by Mark man and time and place. Woods and Stuart Brooks. Since that time, the Northvale. Once again, congratulations. In a fury came the rains. For Heaven's cries NCSF has grown from a four-week festival was the child's pain. He was thrown with a budget of $100,000 to a 26-week fes­ into a bucket cold with no one there, tival with a budget in excess of $1 million. his hand to hold. NCSF is nationally recognized for its artistic THERE ONCE WAS A CHILD (SONG OF AN UNBORN BABE) A tiny hand reached out to find a mother's quality and for performing Shakespeare and face, the love that binds. But, all alone, other great plays in a way that is relevant to in fear, he cried, then closed his eyes, today's audiences. HON. JACK KINGSTON And then he died. The NCSF's Educational Outreach Program OF GEORGIA Years later, on a cold, bleak day, a woman brings professional, live theatre to many stu­ IN THE HOUSE OF REPRESENTATIVES closed her eyes to pray. A tear upon dents in high schools and colleges each year. Thursday, September 26, 1996 her pale cheek lay; "Forgive, me child Last year, approximately 34,000 students were I threw away." Mr. KINGSTON. Mr. Speaker, Mrs. Carol served. The home of NCSF is located in High An angel came to take her home; he said he Point, but the festival serves our entire Pied­ Howard, a resident of Savannah, GA and the was her very own. "I love you mom, First Congressional District of Georgia, au­ mont Triad region with audience members, more than you know, Come take my thored a poem that I think will touch many supporters and board members from Greens­ hand, it's time to go ... hearts. The poem is dedicated to her son, boro, Winston-Salem and High Point. In addi­ Scott Alexander, and her granddaughter, Yael tion, NCSF is a statewide resource that pro­ Jordan. It is inspired by Father Jim Mayo. IN HONOR OF DR. SIOMARA vides quality cultural and educational program­ SANCHEZ-GUERRA: A DISTIN- ming in schools, civic centers and theatres THERE ONCE WAS A CHILD GUISHED EDUCATOR MAKING A throughout North Carolina. (SONG OF AN UNBORN BABE) DIFFERENCE TO HER COMMU­ The NCSF also serves as North Carolina's (By Carol C. Howard) NITY "Cultural Ambassador'' when its annual tours Dedicated to my son, Scott Alexander and travel to as many as nine Southeastern and my granddaughter Yael Jordan and inspired by Father Jim Mayo. HON. ROBERT MENENDFZ East Coast states. The NCSF is an outstand­ OF NEW JERSEY There once was a child of grace, gentle of ing cultural organization, and it also contrib­ IN THE HOUSE OF REPRESENTATIVES utes to both economic development and tour­ spirit and fair of face, who came to be ism by being an important part of the North in early spring, blessed by the kiss of Thursday, September 26, 1996 an angel's wing. Carolina quality of life. Mr. MENENDEZ. Mr. Speaker, I rise today For two decades, the NCSF has shared its The angel stood beside a Throne, he told the to pay tribute to an extraordinary woman, Dr. babe, "He was God's own, and that with Siomara Sanchez-Guerra, who is committed to artistic light with countless audiences. On the his December birth, would come a man 20th anniversary of the North Carolina Shake­ to change the earth!" making a difference in her community. Dr. Sanchez's accomplishments will be recog­ speare Festival, we look back with pride at "For God has chosen you, sweet one, to try what its members have achieved, and we ea­ and right the wrongs they've done, to nized at the 1996 Anniversary Dinner Dance gerly await its future productions. On behalf of catch the flag before it falls, once you of the National Association of Cuban-American the citizens of the Sixth District of North Caro­ are big and strong and tall. Women on November 3 at the Mediterranean lina, we congratulate the NCSF for outstand­ The greatest land the world has known will, Manor in Newark, NJ. ing artistic achievement. by your birth, become your home, Dr. Sanchez's road to becoming a re­ though other lands have been led by spected community leader began with her kings, the land you '11 lead has been birth in the province of Matanzas, Cuba. She TRIBUTE TO THE NORTHVALE kissed with angel's wings." subsequently moved with her mother to Ha­ FffiE ASSOCIATION He placed the babe within a room; he heard vana where she attended high school and a lullabye in his mother's womb. Her later Havana University where she earned a voice was as the summer breeze that Doctorate of Law in 1959. However, Dr. HON. ROBERT G. TORRICEW rocked him as a gentle sea. OF NEW JERSEY Sanchez was unable to begin practice as a The child though smaller than a humming­ lawyer due to the accusation of anti-revolution­ IN THE HOUSE OF REPRESENTATIVES bird, would turn his head at Mommy's ary activities against the Castro regime. Two Thursday, September 26, 1996 word. He loved her more each passing day, this child who loved to kick and years hence, she traveled to the United States Mr. TORRICELLI. Mr. Speaker, I rise today play. in search of freedom and stability for her fam­ to congratulate the Northvale Fire Association "Dear Mommy, I know that I am small and ily and obtained employment as a bookkeeper on its 100th anniversary. On December 6, it will be awhile before I'm tall. I'll and clerk in New York City. 1896, a special meeting was held in Northvale make you very proud of me, cause I'll The topic of education has been particularly by a six-man committee to form a volunteer be lots of help, you'll see." important throughout Dr. Sanchez's career. September 26, 1996 EXTENSIONS OF REMARKS 25297 She completed coursework at Columbia Uni­ her day care worker. Looking at her MRI, purpose of their own financial gain. However, versity that resulted in an 8-year assignment only about 50 percent of her brain is left to managed care companies can create panels of as a social worker. In 1974, Dr. Sanchez perform the functions that it takes the rest "providers" whose contracted fees are based of us 100% to accomplish. She may never be­ lower than the otherwise prevailing rates. earned a masters degree in education from have appropriately. She will never think effi­ The managed care company directs the pa­ Montclair State College. She became a guid­ ciently. She struggles through her week of tient to the panel doctor who charges the ance counselor at East Side High School in therapies against the backdrop of seizures managed care company less and is rewarded Newark, NJ where she has facilitated the edu­ brought on by the beating she endured. for providing less. This occurs for the pur­ cational development of students for the past Her loving parents, having had a terrible pose of the financial gain of the managed 20 years. time with conceiving Stephanie, were ini­ care company. To be simple, this style of be­ Community activism has been a hallmark of tially the prime suspects in her abuse. I was havior clearly violates the intent behind Dr. Sanchez's existence. In 1977, she joined called to work with them shortly after they your amendment. These care limitations, in the New Jersey Chapter of the National Asso­ arrived at the hospital. The mother and fa­ turn, increase the managed care company's ther were then told that Stephanie was in a profits, resulting in higher salaries for mid­ ciation of Cuban-American Women [NACAW] coma. They were not told that all the rest of dle and upper management. because she believed that Cuban-American us knew; Stephanie might not survive. The As a provider of health care, I see the soul women need to participate in the professional swelling of her brain, coupled with her sei­ of my field, and medicine in general, being and political world. Dr. Sanchez has served as zures, might end her life. They could see that corrupted by improper and mephistaphelean president of the State chapter of NACAW and she had been damaged, but could not under­ pacts with MBA's more concerned with num­ is currently its national president. She has ac­ stand why anyone would want to accuse bers than they are about the patients. I complished much in the area of community them of injuring someone they loved. They know how the CEO in the managed care com­ service, including the founding of an annual were accused anyway. So, in addition to hav­ pany would expect to be treated if it were his ing to weather their child's life and death or her daughter whose MRis were on my toy distribution on Three Kings Day to foster fight, the parents had to face multiple meet­ wall. They would never send their child 130 the continuation of Spanish traditions, the es­ ings with social workers, psychologists, doc­ miles away for care that could be provided tablishment of the Elena Mederos Award, tors, workers from the child protective agen­ better locally. They would seek expensive which recognizes the contribution of women to cy, and a detective from the state police. and regular treatment for their tragically in­ the advancement of the Hispanic community, Now, 8 months later, I am looking at jured daughter. Our only hedge against a and a yearly visit on Easter Sunday with a Stephanie's MRI and listening to her father worsening condition for a child like this is to group of associates to children in the Jersey tell me that their managed care company provide her with consistent and professional City Medical Center and an AIDS group home wants them to take her to Indianapolis to a care. The best care, if available, is always panel-approved specialist, rather than the local. These interventions may improve the to bring them the joy of the holiday season. one that has been taking care of her since child's future independence. They may im­ It is an honor to have such an outstanding her admission to the hospital. The local spe­ prove her parent's will to continue to build and considerate individual working on behalf cialist is boarded in the same specialty area their family. of the residents of my district. Dr. Sanchez as the one in Indianapolis and, in fact, is Assurance against abuse on the part of in­ epitomizes the immensely positive influence boarded in areas above and beyond the Indi­ surers should be mandated. Insurance com­ one woman can have on the lives of others in anapolis specialist. The HMO's position was panies and managed care companies should her community. I am certain my colleagues clearly stated to the father as financially be held accountable by holding them medi­ will rise with me and honor this remarkable driven. The local specialist is not on their cally and legally liable for the medical deci­ woman. panel and they are not interested in estab­ sions that they make under the guise of "fi­ lishing a relationship with him-even though nancial decisions." They should not be al­ he is willing to see the child for the same lowed to operate outside of "safe harbors" " SHE HAS NO IDEA WHAT'S GOING rate as the Indianapolis specialist and is without regulation. Insurance companies only 20 minutes from the parent's home. It should not be in the business of making med­ ON AROUND HER-HER PARENTS didn't end there. ical decisions which affect patients * * * it ARE BECOMING ALL TOO The father, distraught by his continuing exemplifies an inherent conflict of interest. AWARE'' ordeal with the HMO, complained to his em­ This basic and fundamental conflict of inter­ ployer's personnel department about the est is a state both unethical and immoral. HON. FORTNEY PETE STARK treatment his daughter is receiving. He was In the meanwhile, Stephanie is sleeping in OF CALIFORNIA subsequently pulled aside by his employer's her father's arms. She has no idea what's Vice President and told that there were 80 going on around her. Her parents are becom­ IN THE HOUSE OF REPRESENTATIVES other employees that he had to think about. ing all too aware. Thursday, September 26, 1996 If he "kept complaining about the insurance Sincerely, Mr. ST ARK. Mr. Speaker, I've just received they had chosen, he could start looking for JOHN C. COURTNEY, Psy. D. another job!" Clinical Neuropsychologist, a particularly moving letter about the problems This happens day after day. HMO's seem to Treasurer, Indiana Psychological Association. facing American families in the era of man­ be content as long as people are healthy. aged care. They define exclusions to coverage more ex­ Today, I introduced legislation which will ad­ tensive then the scope of that which they TRIBUTE TO DAN STILL dress some of the problems mentioned in the will cover. Mental health benefits, sup­ letter-in this case, timely appeals of coverage posedly available, are almost impossible to decisions and provision of specialty care lo­ have approved. The level of concurrent re­ HON.EDOIPHUSTOWNS cally. But there is clearly much, much more to view is embarrassing for the patient and ex­ OF NEW YORK do. Managed care companies-by making the hausting for the health care provider. The IN THE HOUSE OF REPRESENTATIVES number of times this review occurs without kind of heartless decisions described in this the physician reviewer ever meeting or Thursday, September 26, 1996 letter-are sowing the wind. They should not touching the patient is beyond belief. The Mr. TOWNS. Mr. Speaker, service in the be surprised if they reap the whirlwind. medical reviewer almost never sees the pa­ field of public and mental health is demanding Dr. Courntey's letter follows: tient. Moreover, diagnoses of the care-givers and admirable. Dan Still has been performing are constantly called into question or sec­ CHILD NEUROLOGY, INC., work in this arena for his entire career, a ca­ NEURODIAGNOSTIC LABORATORY ond-guessed by people employed by the in­ Mishawaka, IN, August 21, 1996. surance company without specialty training reer which began with the U.S. Public Health Hon. FORTNEY PETE STARK, in our area of expertise, not licensed to prac­ Service, Centers for Disease Control [CDC] House of Representatives, Cannon Office Build­ tice, not trained in health care at all, and working on the epidemiology of communicable ing. Washington, DC who are always advocates for the company diseases. Subsequently. he accepted an as­ DEAR REPRESENTATIVE STARK: Today was and never advocates for the patient. signment with the New York City Department another in a string of very frustrating and Within the last several years, you intro­ of Health and served as the administrative di­ sad days. It was different from others in that duced and successfully passed an amendment rector of childhood lead poisoning and control, the players made themselves so obvious. to prevent doctors from operating medical Often I have no one in particular to rail businesses outside of their specialty area and and later as the deputy administrator of the against. Today was different. outside of their total ownership (Stark). The Department of Health. Stephanie is 16 months old. About 8 public interest is threatened by a doctor re­ When the New York city Health Services months ago she was abused at the hands of ferring a patient to another business for the Administration was dissolved, Mr. Still assisted 25298 EXTENSIONS OF REMARKS September 26, 1996 in the establishment of the Department of has helped failing businesses, folks with cat­ After the war, James remembers, Col. R.R. Mental Health Retardation and Alcoholism astrophic illnesses, and he has sent numer­ "Fritz" Carothers, of Oak Hill and Camden Services. He was later appointed assistant ous kids to school. He has a big, big heart. (Mayor at one time) was assigned the job of commissioner for administration, with a subse­ We just hope he doesn't take offense at our special courier to carry pictures and infor­ noting the softer side of his personality! mation directly to President Harry Truman. quent promotion to deputy commissioner for On the other hand, if he doesn't like you A sad memory for James was the death of management and budget. you can at least take comfort in the fact a Camden native-a young prisoner of war­ Mr. Still has extensive expertise in the fi­ that your transgression has merited you the who was murdered by the Japanese a week nancing of community mental hygiene pro­ considerable wrath of a formidable adver­ after the Peace Treaty was signed aboard the grams and helped develop and implement nu­ sary! James doesn't waste his time on petty deck of the battleship Missouri. merous reforms of the system in New York individuals. Following the war, James' courier unit was State, culminating in the Community Mental We heard a fellow say the other day that instrumental in delivering the documents Health Resources Act of 1993, landmark legis­ "James Bonner would wrestle a circle saw throughout the world to countries which be­ when he was younger". That's true as far as came part of the United Nations. lation that reinvests mental health funding it goes. Actually, James Bonner will take on When James Bonner returned to Camden from State psychiatric facilities to community any foe right now. Eighty-plus years have after the war he was confident that his mili­ services. not diminished his zest for espousing causes tary duty had been fulfilled. But it was not Dan is married to Lydia Still, an early child­ and pursuing them to satisfactory conclu­ to be. He was called back to active duty dur­ hood teacher, and they have two children in sions. ing the Korean War to serve with the Strate­ college. Mr. Still is active in an array of com­ In the old days-when Bonner Brothers gic Air Command at Barksdale AFB. Legend­ munity activities and civic organizations. I am consisted of his late brothers Billy and Jo­ ary general Curtis LeMay was his command­ pleased to commend him for his efforts and siah Robins (James' twin) the trio were gen­ ing officer. uine movers and shakers in the Wilcox Coun­ James eventually did retire, with the rank contributions. ty community. of Major, and has devoted his time to busi­ Land, timber and minerals were their pri­ ness-and worthy causes-ever since. mary focus but they dabbled in other things From a civic standpoint, James Bonner is HONORING JAMES BONNER too. Billy, it is said, did yoeman duty while the only surviving member of the original Jo Robins-who was Probate Judge at the Industrial Board which helped pave the way HON. SONNY CALLAHAN time of his death-handled lawyering. No­ for MacMillan Bloedel's coming to Wilcox OF ALABAMA body ever doubted, though, that James County. And it was with the help of fellow civic IN THE HOUSE OF REPRESENTATIVES Bonner was the thinker in that trinity. But things have changed somewhat. leaders John Webb, W.J. Bonner, Mrs. Clyde Thursday, September 26, 1996 Time-and better than eighty years-man­ Miller and others that the Solomon Brothers date a few changes. But none have been men­ sewing plant came here and is now the oldest Mr. CALLAHAN. Mr. Speaker, when Ala­ local industry still operating with a steady bama was redistricted a few years ago, Wilcox tal. James Bonner is as sharp today as he was back in 1929 when he left Wilcox County payroll. County was taken from the 1st District and put to attend Erskine College. James also worked with the late Dr. Shan­ in the 7th District. While I am no longer privi­ When he returned in the early 30's he non "Shine" Hollinger, DVM, in securing a leged to represent the people of Wilcox Coun­ taught school at Oak Grover near Pine Hill. Sl million bond issue for the establishment ty here in the House of Representatives, I ob­ He was at one time principal of that school of Camden Mills on the Bypass. The facility viously made a lot of friends there over the and the one at Lower Peach Tree. presently houses IKS Services. years, and I still value those friendships very When World War II broke out James volun­ Yes, James Bonner has witnessed many teered as a buck private in the Army Air changes over the years. Some have been good much. and others not so good. He is particularly One of those friends is James Bonner. Corps. He quickly advanced to corporal and it wasn't long before his superiors sent him disappointed by the fact that state politi­ James is a man who tells it like he sees it, to Officer Candidate School at Miami Beach. cians have not kept the promises they made which in this day and time is a rare quality in­ After graduating as a lieutenant, James during the last election. deed. And if you are lucky enough to count went to Wright Field in Ohio. A brief stint at But from a civic standpoint is might be James as your friend, you know you've got a the intelligence school in Harrisburg, PA, good that all the promises haven't been kept. friend for life. earned him the position of Post Intelligence That means that James Bonner will stay mo­ James was recently honored with a front Officer at what was to become Wright-Pat­ tivated to be a part of the things that make terson AFB. Camden and Wilcox County better. page tribute in his hometown newspaper, the Thanks James. Keep on Keeping on! Wilcox Progressive Era. The headline of the It was about then, with the war in full swing, that James recalled that his grand­ story tells it all-"James Bonner: One of Cam­ father CSA Major James Bonner had been a den's living legends." courier during the War Between The States. 85TH NATIONAL DAY OF THE Mr. Speaker, at this time, I would like to That bit of family heritage prompted him to REPUBLIC OF CHINA submit for the RECORD the entire article on volunteer for often dangerous duty in the James Bonner, written by our mutual friend, Courier Service. HON. BENNIE G. TIIOMPSON M. Hollis Curl, the editor and publisher of the As a courier stationed in San Francisco, Progressive Era. And while I'm at it, I'd like to James traveled all over the war-torn world OF MISSISSIPPI join Hollis in adding my thanks, too, to James, under direct order from President Franklin IN THE HOUSE OF REPRESENTATIVES D. Roosevelt. He delivered invasion maps and Thursday, September 26, 1996 for all he has done for so many people. Keep decoding equipment to forces fighting in the it up, James, for many more years to come. South Pacific, Australia, India and etc. It Mr. THOMPSON. Mr. Speaker, today, I JAMES BONNER: ONE OF CAMDEN'S LIVING was while in New Guinea delivering these would like to make note of and salute the up­ LEGENDS maps to General Douglas McArthur that his coming 85th National Day of the Republic of If you're among Camden's younger resi­ ship was torpedoed by the Japanese. Luckily, China [ROC] on Taiwan which will be cele­ dents-below 40-or a newcomer, chances are the torpedo was a dud and did not explode. brated on Thursday, October 10, 1996. Once, while waiting on the airstrip at the you don't know a whole lot about the elderly I wish the ROC every success in its adop­ gentleman you've seen making his way along Pacific island of Biak, the Japanese bombed Broad Street each morning with the help of the strip while James was on the flight line. tion and implementation of a pragmatic diplo­ an aluminum walker and under the watchful It was there that he met Col. Bill Darwin macy; and its work toward a greater inter­ eye of his driver or secretary. (who now lives in Camden) who was in national voice and acceptance in the world If you're a native of Camden-one of the charge of the anti aircraft unit guarding the community. We should all recognize that this oldtimers-you know the gentleman as Mr. field. James says he recalls vividly watching is a country which has made a truly impres­ James Bonner. If you do know him chances Bill's men repel the Japs. sive effort to improve its position and gain rec­ are, small town's being what they are, that James' recollection of WWII also includes ognition in the world community-becoming memories of Lt. Gen. David Godwin Barr, of you have strong opinions about him; just as the world's 19th largest economy and 7th larg­ he certainly does about you. Nanafalia. Gen. Barr was McArthur's assist­ Yes, sir, James Bonner is a forceful, opin­ ant and directed the bombing of Japan and est U.S. trading partner. ionated individual. If he likes you, you have the destruction of the Japanese fleet. Barr's On this very special day to the ROC, I ex­ a friend forever. And no one is ever likely to air unit also carried out the mission of drop­ tend my congratulations to both the President know the breadth of his benevolence. James ping the Atomic bombs that ended the war. of the ROG, Dr. Lee Teng-hui, and the Taipei September 26, 1996 EXTENSIONS OF REMARKS 25299 Economic and Cultural Representative in the the United States is about to set an economic step. Debtors need to be aware that this is a United States, Dr. Jason Chih-chiang Hu. record which is nothing to be proud of. I speak step with serious, negative long term con­ of the fact that by the end of 1996 total U.S. sequences for their ability to obtain credit and bankruptcy filings are expected to exceed 1 other services, and that there are alternative TRIBUTE TO DEAN SCHOFIELD million for the first time in the Nation's history. means for redressing their problems which It is particularly worrisome that this level of should be explored first. HON. TIM JOHNSON bankruptcies is occurring in a time of relatively Unfortunately, some attorneys and other OF SOUTH DAKOTA good economic news, as it raises significant bankruptcy preparers advertise their services IN THE HOUSE OF REPRESENTATIVES concerns about what bankruptcy levels will be as "debt reduction", "federal repayment", or Thursday, September 26, 1996 whenever the next cyclical economic downturn similarly vague and misleading terms to dis­ Mr. JOHNSON of South Dakota. Mr. Speak­ arrives. As a member of the Banking Commit­ guise the true nature of their business and to er, I would like to take this opportunity to rec­ tee I am of course worried about the potential downplay the consequences of entering into ognize the long and distinguished career of impact of losses stemming from bankruptcy on personal bankruptcy. As a result, many thou­ Dean Schofield, deputy secretary of the De­ the health of our financial institutions, and on sands of individuals each year are placed into partment of Transportation of the State of the price and availability of credit. And, as a bankruptcy without fully informed knowledge South Dakota. Dean consistently dem­ member of the Judiciary Committee, aware and consent. Attorneys and other petition pre­ onstrated utmost dedication and professional­ that bankruptcy filings constitute more than parers have a constitutional right to advertise, ism in his 35 years and 8 months of service three-quarters of all cases in the Federal but this type of deceptive and misleading prac­ to South Dakota. courts, I worry about this increasing burden tice needs to be curbed. Throughout his years with the South Dakota upon the judicial system. In 1994 Congress passed bankruptcy reform Department of Transportation, Dean served as About 9 out of 1O of all bankruptcy filings legislation which established a National Bank­ a mentor and model for all employees through are consumer bankruptcies. About two-thirds ruptcy Review Commission to review and fur­ his quiet, thoughtful style, strong work ethic of those are in chapter 7, where creditors are ther evaluate the bankruptcy system and and leadership. His commitment to family, pro­ paid some percentage of what they are owed make recommendations for fundamental re­ fession, church and community was something from the liquidation proceeds of the debtor's form to Congress. It is my understanding that that many within the department strived to nonexempt assets, if there are any. Chapter 7 the commission, which has a 2 year mandate emulate and his ability to balance all of his re­ is a historical anachronism, a holdover from a expiring in the fall of 1997, has so far made sponsibilities was remarked on by many. My time when credit was hard to come by and very little progress in grappling with the fun­ office always enjoyed working with Dean and based upon what you owed. Today, of course, damental problems rampant in the consumer my staff came to rely heavily on Dean's exten­ consumer credit is plentiful and is extended on bankruptcy system. It has instead permitted its sive knowledge and ability to always provide the basis of the applicant's anticipated future staff to engage in a series of pointless aca­ much needed information, even on short no­ income. demic debates and to advance proposals The remainder of consumer bankruptcies tice. which have little support, much less consen­ are in chapter 13, where employed debtors Dean Schofield's hard work and extensive sus, in the broad bankruptcy community. with a regular income commit to a multi-year knowledge about South Dakota's transpor­ While the other working groups established repayment plan covering some portion of what tation systems contributed to the passage of within the Commission have already issued they owe. several pieces of major Federal legislation, in­ numerous policy proposal in such areas as The majority of debtors filing for bankruptcy cluding the lntermodal Surface Transportation corporate restructuring, small business bank­ are in serious financial straits due to loss of and Efficiency Act and the National Highway ruptcy, and system administration, the con­ employment, divorce, or medical emergency, System legislation, which are extremely bene­ sumer working group has yet to make even a and we must keep the system open and avail­ ficial to the State of South Dakota. Addition­ single, tentative recommendation for reform of able to assist them in getting back on an even ally, Dean was instrumental in developing the the current system. With consumer bankruptcy financial keel. Department's Computerized Needs Data But there appears to be a significant per­ filings constituting about 90 percent of all fil­ Book, the 5-Year Construction Program with centage of individuals abusing the bankruptcy ings, this wheel-spinning cannot be allowed to its project prioritization system based on system through multiple filings to forestall legal continue. Therefore, I was pleased to learn needs, the annual strategic Plan and the legis­ actions, hiding of assets, making false and in­ that the Commission is finally going to begin lative program, and he served on numerous complete financial statements, and similar ac­ to grapple with this area in a comprehensive department, statewide, and special Governor's tions. Some individuals enter into chapter 13 way with a series of hearings beginning in No­ task forces. repayment plans which are unrealistic and vember. Congress needs this Commission to Through his knowledge, judgment, open­ deliver a series of pragmatic proposals to get ness, thoroughness, and integrity over the last which inevitably fail, while other individuals with steady incomes and the ability to make the system back under control and to provide 35 years, Dean has earned the respect of ev­ debtors with the relief they require, creditors eryone he has dealt with, both within and out­ significant repayment of their freely acquired debts choose to abandon them in chapter 7. with the repayment they deserve, and society side the South Dakota Department of Trans­ at large with the right balance between for­ portation. In recognition of his outstanding The system is out of kilter, and its overbur­ dened overseers are ill-equipped to catch giveness and obligation. service, Dean was voted the Department's One area which I hope the Commission de­ most considerate and genuinely caring em­ those who abuse it. It is my belief that individuals with financial votes serious attention to is recommending ployee and is a unique individual who will be problems should consider filing for bankruptcy ways in which individuals can be informed of sorely missed by the Department and by my to be their last resort, not their first. All of the alternatives to bankruptcy at the earliest pos­ office. South Dakota will truly benefit from the individuals involved in the system-judges, sible time, perhaps even before their initial fruits of Dean's labor for many years to come. trustees, administrators, and attorneys-have contact with the bankruptcy system. Consumer I am honored to have the opportunity to recog­ an obligation to ensure that consumer debtors financial education must obviously play a larg­ nize him today. are fully aware of their nonbankruptcy alter­ er role in addressing current problems. natives for accomplishing financial restructur­ I also believe that both the Federal Trade CONSUMER BANKRUPTCY ing. Consumer credit counseling services are Commission and state bar associations should CONCERNS widely available throughout the nation and can do a much better job of monitoring bank­ help individuals and families avoid bankruptcy ruptcy-related advertising, and should crack .HON. SONNY BONO through various financial management tech­ down on deceptive ads which fail to clearly OF CALIFORNIA niques. Creditors are extremely supportive of and conspicuously disclose that the services IN THE HOUSE OF REPRESENTATIVES these efforts. being offered involve a declaration of bank­ Attorneys and other bankruptcy petition pre­ ruptcy along with all of its grave and lingering Thursday, September 26, 1996 parers have an obligation to fully disclose the consequences. Disciplinary or enforcement ac­ Mr. BONO. Mr. Speaker, along with many very serious nature and consequences of filing tion should certainly be utilized where appro­ other Members I share a deep concern that for bankruptcy to individuals considering this priate. 25300 EXTENSIONS OF REMARKS September 26, 1996 Finally, the Office of U.S. Trustee, which ad­ loused attitudes and apathetic behavior toward Obviously, Don and Jackie have come a ministers the bankruptcy system, should un­ violence. long way from that 1958 Pontiac. Like all busi­ dertaken efforts to ensure that the standing Over the years, Congress and broadcasters ness success stories, theirs is one of hard trustees in chapters 7 and 13 are making in­ have sporadically tackled this issue. For ex­ work, determination and day-to-day achieve­ quiries to determine that debtors are aware of ample, in 1990, Congress passed the Chil­ ments that together form an extraordinary alternatives to bankruptcy and are fully aware dren's Television Act to increase the amount record of service. of the long-term effects of filing for bankruptcy. of quality educational programming for chil­ As we celebrate their retirement, it is en­ It is my intention to continue to monitor dren. The recent rewrite of the Telecommuni­ tirely appropriate that we celebrate all that bankruptcy developments and the ongoing cations bill included a requirement that tele­ Don and Jackie have given to all of us-those work of the Bankruptcy Commission. This sub­ vision sets be manufactured with a computer who know them personally as friends, and ject involves matters of economics, judicial chip that would allow parents to screen out those who have known them only through the fairness, and personal values. There may be programs, rated by the broadcast industry, essential service they provide. many ways to address the ongoing bankruptcy that are inappropriate for their children. And Anyone who has ever picked up a phone to crisis-but they all require an initial recognition more recently, the broadcasters have agreed summon an ambulance in the middle of an that this is indeed a crisis, most particularly for to air 3 hours of educational television pro­ emergency knows that those calls are often the millions of debtors and their families gramming per week. I support these efforts. made in frantic desperation. For more than caught up in it. Bankruptcy must remain avail­ But quite frankly, I don't think they are three decades, the people of Ventura County able as a last resort for those who truly re­ enough. I agree with the philosophy that if a and Malibu have found Don and Jackie Pruner quire legal forgiveness of their contractual obli­ river is polluted, you don't just put up a warn­ on the other end of that phone--willing to do gations. But it cannot grow into a first resort ing sign-you try to clean it up. That is why I anything they could to preserve life. for those with the ability but not the desire to am introducing a resolution, with Congress­ Through it all, Don and Jackie have also make good on their financial obligations. man WOLF and 10 other Members of Con­ found the time to raise three children, gress, expressing the sense of the House that Michelle, Mike and Scott, and to welcome five broadcasters should not air violent program­ grandchildren into the world. INTRODUCTION OF A RESOLUTION ming between the hours of 6 a.m. and 1O p.m. Mr. Speaker, I would like to today salute my EXPRESSING THE SENSE OF THE Cleaning up television will not resolve all of friends Don and Jackie Pruner, and to thank HOUSE OF REPRESENTATIVES the Nation's ills. But as former Education Sec­ them for everything they have done for our CONCERNING VIOLENCE ON TEL­ retary William J. Bennett points out, in recent community. It is rare to come across someone EVISION years we have seen a explosion in moral who has truly dedicated their lives to helping pathologies: abused and abandoned children, preserve the health and welfare of others. Don HON. MICHAEL N. CASTI! out-of-wedlock births, drug use, violent crime and Jackie Pruner are two such individuals. It OF DELAWARE and just plain trashy behavior, as well as the is my hope that, in retirement, these two good IN THE HOUSE OF REPRESENTATIVES vanishing of the unwritten rules of decency friends can focus on their love of traveling, Thursday, September 26, 1996 and civility, social strictures and basic good fishing and frequent excursions to Catalina. I manners. He attributes this to the fact that think everyone who knows Don and Jackie Mr. CASTLE. Mr. Speaker, a recent review "the good" requires constant reinforcement, personally would agree, after all the years of of 34 new pilot television shows in U.S. News and "the bad" needs only permission. hard work, they deserve it. and Worked Report found that many of them Turning the tide, reinforcing "the good" will Mr. Speaker, I commend Don and Jackie contain extensive and graphic violence--some ultimately take a massive collective effort, one Pruner to this distinguished body and wish as early as 8 p.m. In one show, a criminal that engages our families, our civic leaders, them all the best in the future. drives a nail into the palm of a corrupt mayor. our religious leaders, our teachers, our com­ In another, a man is buried alive with his munity leaders, all levels of government, mouth and eyes sewn shut. And in yet another neighbors-everyone in society. But the 20TH ANNIVERSARY OF NMMI TV offering, as the top of a corpse's head is media, too, with its enormous role in the so­ sawed off an alien creature pops out. cialization process, must join us in this effort. HON.BlllRICHARDSON Children are particularly sensitive to the OF NEW MEXICO world around them, as they notice and absorb IN THE HOUSE OF REPRESENTATIVES everything they see and experience. Psycholo­ SALUTE TO DON AND JACKIE gist Stephen Garber of the Behavior Institute PRUNER Thursday, September 26, 1996 of Atlanta has seen an increasing number of Mr. RICHARDSON. Mr. Speaker, I urge my children in his practice who, despite having no HON. ELTON GAllEGLY colleagues to join me in recognizing the 20th actual contact with violence and living in safe OF CALIFORNIA anniversary of New Mexico Military Institute neighborhoods, are developing not just fears IN THE HOUSE OF REPRESENTATIVES Television Productions in Roswell, NM. New but full-blown phobias about being kidnaped, Mexico is proud to have on the finest military getting shot, and other real-world calamities. Thursday, September 26, 1996 schools in the country, New Mexico Military In­ He attributes this in part to what children see Mr. GALLEGLY. Mr. Speaker, I rise today to stitute. NMMI is known for academic excel­ on television. The American Psychological As­ salute two people who have probably had a lence, offering one of the few 2-year Army Of­ sociation estimates that a typical child will more direct effect on the health and welfare of ficer Commissioning Programs in the United watch 8,000 murders and 100,000 acts of vio­ Ventura County residents than anyone else-­ States, and having a tough curriculum for the lence before finishing elementary school. Don and Jackie Pruner. development of strength and character of the This matters because studies are pretty In August of 1963, Don and Jackie scraped young men and women who attend NMMI clear with respect to the impact that viewing together nearly all the money they could find from literally all around the world. In addition violence has on children. In 1956, one of the and bought an ambulance company that con­ to this, NMMI has contributed greatly to its first studies of television violence reported that sisted of one 1958 Pontiac ambulance. Times local community, through, among other things, 4 year olds who watched "Woody Wood­ were tight, so Don did the driving while Jackie outstanding television broadcasting produced pecker'' cartoons were more likely to display handled business operations and dispatched at NMMI. aggressive behavior than children who about 15 calls a month (to a service popu­ This school year NMMI Television Produc­ watched the "Little Red Hen." Study after lation of about 9,000 people in the Thousand tions will begin its 20th season of providing study in decade after decade confirmed similar Oaks area) out of the couple's home. the Roswell community with local and original findings. However, the harm caused by view­ Back then, the business was called Conejo broadcasting. Over 300 cadets, and numerous ing violence is broader than the encouraging Ambulance. Over the course of three decades, local citizens-as-program hosts and other of violent behavior. Studies have found that Pruner Health Services grew to provide 24- community volunteers have been a part of this viewing violence increases mistrust of others hour emergency service to a population of effort. Their programming ranges from com­ and fear of being a victim of violence, and de­ more than 345,000 people in an area of ap­ munity services, retirement programs and ac­ sensitizes viewers to violence resulting in cal- proximately 650 square miles. tivities, bilingual awareness shows, sports, September 26, 1996 EXTENSIONS OF REMARKS 25301 medicine, news, recreation and other pro­ Mark Jacobs of Albuquerque is in his third future funding needs of our Nation's air trans­ grams of interest for and about Roswell. I year at NMMI and is a junior in high school. portation system. It's based on a simple commend NMMI-TV Productions for providing This is his second year in TV production. " I premise. That is, the services provided by the this additional technical and educational pro­ think I'm very interested in taking this an­ other step," he said. FAA are an essential Government function gram as part of an experience-by-doing learn­ Lt. Col. Woodbury believes the experience largely financed by the users of the system. ing laboratory for cadets interested in the field can be invaluable, even if it's not a career As we know, under existing budget rules the of television broadcasting. goal. "One cadet who graduated from here cap on discretionary spending and the trade­ Recently, the superintendent of NMMI, Lt. worked his way through college working for offs it requires, sometimes constrain our ability Gen. Robert D. Beckel, came and briefed me PBS (Public Broadcasting System)." to fully fund programs which are largely fund­ on the many wonderful accomplishments and Martha Ortiz of El Paso, a college fresh­ ed by the users. improvements taking place at NMMI. NMMI man, said she had been at NMMI some 21 This situation cries out for a fresh approach. days. She got interested in TV production Television Productions is clearly an example Next year, Congress will begin to debate a of this excellence and what they are doing for after learning about it at an event in the gym showcasing campus activities. "I like it number of issues closely tied to the future of the men and women attending their institution a lot," she said. "It's very interesting." aviation funding. The House, in an overwhelm­ as well the local community. I am attaching an The programs offered have a variety of in­ ing vote to take the transportation trust funds article from the Roswell Daily Record that ex­ terests for public viewing. Dori Lenz Wagner off budget, has sent the clear signal that it plains in detail the exceptional work being is no stranger to the production end, having wants transportation trust fund monies fully done by this unique program. I urge may col­ been a frequent guest on Diane Holdson's spent for the intended purpose. An internal leagues to join me in saluting NMMI and " How To . . . ". But this fall her own show. fight among airlines for market share has crept "Quilting," debuts. The nationally known NMMI. Television Productions for their all­ into Congress and will likely cause a reexam­ around dedication to the NMMI Corps of Ca­ quilting instructor will teach four different patterns-Fancy Three Patch, Mandevilla, ination of the current airline ticket tax struc­ dets and the community of Roswell. Attic Window and Snowball-as well as how ture. Finally, the Clinton administration, in an [From the Roswell Daily Record, Sept. 8, to finish a quilt. Everything will be machine attempt to use more discretionary spending to 1996) pieced with rotary cutting. fund its liberal social agenda, has created NMMI BROADCASTS 20TH YEAR OF TV " This is the first time they've done a quilt­ what I believe is an artificial FAA funding crisis PRODUCTION ing show," she said. " I think it'll be fun and in order to justify a new aviation tax structure. (By Marifrank DaHarb) I'm looking forward to it." All of these issues contain potential pitfalls. Wagner's six shows will alternate weeks Lights . . . camera . . . and ACTION begins Taking the transportation trust funds out of the Tuesday as the New Mexico Military Insti­ with newcomer Bo Shera. Shero's program is unified budget process could send a mixed tute TV Productions enters its 20th season on woodcarving. " I plan to take them on the air. through a full project of carving a blue­ signal as we seek to balance the Federal Under the supervision of executive pro­ bird," he said, "including all the techniques budget over the next 7 years. It remains to be ducer Col. Bruce McLaren and director of for attaching the wings, heads and feet and seen whether readjusting the airline ticket tax broadcasting Lt. Col. Cory Woodbury, the painting and sharpening tools." structure will increase either safety or savings NMMI programming airs on cable channel 11 Shero is new to Roswell as well as NMMI­ to the traveling public. The administration has TV. He spent five years as a guest every Tuesday night during the academic not been able to adequately demonstrate its year. woodcarver at Silver Dollar City in Branson, "We share the channel with Community MO, where people demonstrate how things alleged aviation funding shortfall. And its pro­ Calendar, First Baptist Church and Roswell were done in the Ozarks in the 1890s. posed solution, new aviation taxes, has a City Council meetings," McLaren said. He "We think we have a good line-up this number of additional problems. They are cost­ also said they can offer local programming fall," McLaren said. " But we'd like to be ly to collect, they can disrupt the financial and a link to satellite teleconferences and able to offer shows for the home handyman planning of the airlines, they have safety impli­ telecourses to the community. Roswell and the Roswell gardener or something like cations, an~ost important-FAA would schools and Eastern New Mexico University­ 'New Mexico Out-of-Doors' and 'Learning to have little direct accountability to Congress for Roswell as well as the institute. play . . . whatever musical instrument.' "We've been on the telecommunications We're limited only by the availability of pro­ how the agency spends the money. cutting edge for 20 years," McLaren said, gram hosts." Linked Financing is a better alternative. This " hosting numerous broadcast events and plan would provide FAA the funding the ad­ now extending into such new areas as a pro­ ministration says it needs, but, unlike imposing posed additional downlink site from Eastern, "LINKED FINANCING"-A NEW the administration's proposed new aviation the new Western Governors University and CONCEPT IN AVIATION FUNDING taxes, would not circumvent the current budg­ availability as a node in the new statewide et process. telecommunications network now in the Linked Financing would retain the excise planning stages.'' HON. JIM UGHfFOOT McLaren said the NMMI program's focus OF IOWA taxes which airway system users now pay on has always been on cadet training, some­ IN THE HOUSE OF REPRESENTATIVES airline tickets, fuel, and cargo. These taxes times for school credit and sometimes for would continue to feed the Airport and Airway fun. Thursday, September 26, 1996 Trust Fund. This Trust Fund is for aviation " We have 27 volunteer cadets right now," Mr. LIGHTFOOT. Mr. Speaker, I rise today spending only, and it finances most of the he said, " and a waiting list." for the purpose of introducing legislation to es­ FAA's budget. College sophomore Estevan Padilla of tablish an innovative new funding mechanism Espanola is in his third year at the institute Under Linked Financing, what aviation users but this is his first year of involvement with for the Federal Aviation Administration. We've pay in taxes for a given year would depend on TV production. "My friend, Mike, got me named this new funding mechanism Linked Fi­ what Congress allowed the FAA to spend the into it," he said. "It's my first experience nancing and I'm introducing the legislation at year before. When the FAA's spending goes with television, but I was already in audio as this obviously late date to ensure interested up, the taxes collected would be adjusted up­ a member of the VMV Club which is open to committees such as the Budget, Ways and wards by a corresponding amount the follow­ everyone, not just for cadets. Means and Transportation Committees, as ing year, according to a predetermined for­ "We set up for dances and other performers well as organizations such as the National Ci­ mula. An upper limit on the tax rates would such as comedians, singers, bands, whatever they need us for." vilian Aviation Review Commission, will have keep the rates at a reasonable level. The ob­ Padilla's friend, Mike Ulanski of Wahiawa, an opportunity to study and consider this inter­ jective is for tax revenues to match spending Hawaii, also a sophomore and in his third esting concept before work begins again next from year to year. We think most of the nec­ year, said, "I did this all last year, including year on the controversial issue of FAA financ­ essary growth in tax revenue would result special projects like taping alumni activities ing reform. from aviation industry growth, not tax rate in­ during Homecoming and the superintend­ This concept known as Linked Financing is creases. But the formula would provide for an ent's retirement party. We 'll tape anything something I've worked on with my friends at adjustment in the tax rates, if necessary. as long as it's approved by Col. McLaren." Ulanski explained the cadets rotate re­ the Aircraft Owners and Pilots Association When FAA spending drops, tax rates would sponsibilities. " For one show, you might be (AOPA). AOPA has devoted substantial time drop automatically the following year to reflect director," he said. " For the next one you and effort to refining the idea, and I believe it the decrease. This would ensure that system might be in charge of audio." holds considerable promise for addressing the users will not pay for non-existent services. 25302 EXTENSIONS OF REMARKS September 26, 1996 Linked Financing also addresses the con­ TRIBUTE TO ALAN G. HEVESI ally, I'm always ready to learn, although I straints imposed by the discretionary spending do not always like to be taught." I wanted to be a writer, and that's the em­ cap. Under the current rules, additional reve­ HON. EDOLPHUS TOWNS ployment I was seeking as a new college nue doesn't automatically lead to additional OF NEW YORK graduate 27 years ago in Nashville. I was spending. Why? Because spending is capped, IN THE HOUSE OF REPRESENTATIVES scheduled for my second interview for a regardless of how much money the govern­ copywriter's position when I came home for ment takes in. Thursday, September 26, 1996 the Labor Day weekend to find that the prin­ The purpose of the spending cap is to con­ Mr. TOWNS. Mr. Speaker, I rise to recog­ cipal of a little school outside of Nashville had called saying he needed a fourth grade trol the deficit by cutting Government spending nize the stalwart efforts of Alan Hevesi, who, teacher. There was only one drawback, he instead of raising taxes. However, under as New York City's 41 st comptroller has said. My room would be on the stage. Well, Linked Financing, aviation users would pay for fought to ensure financial integrity in the budg­ those of you who know me can appreciate the increased spending for FAA-not other etary process. A veteran of the State Assem­ the irony in that! And, sure enough, without taxpayers. bly, Alan has been involved in the negotiation really knowing why, I canceled my and passage of 18 balanced budgets. copywriting interview, took that teaching Therefore, the Linked Financing plan estab­ job and with the exception of seven years, lishes an annual Trust Fund reserve account Alan Hevesi has been a champion of afford­ have been "on the stage" ever since! which would be available to the appropriations able health care, education reform, and the Often I've felt just like Dolly Levi with a committees to supplement the resources oth­ rights of people with disabilities. His efforts business card and a solution for every prob­ erwise available to them within the discre­ were instrumental in passing legislation that lem! A teacher makes so many decisions for tionary cap. This Annual Reserve Account cracked down on Medicaid fraud and nursing so many people in one day-our profession home abuses. ranks second in the number of immediate de­ would be outside the discretionary cap, so the cisions that must be made every day. Air discretionary cap would not limit the ability of Under Alan Hevesi's administration, the traffic controllers are first! They also have Congress to spend the funds deposited in the number of audits conducted by the comptrol­ the highest suicide rate, but I don't want to Reserve Account. The amount deposited in ler's office has doubled, generating $42 million dwell on that! the Annual Reserve Account each year would in direct cash savings for the city of New York. II. "GE'ITING TO KNOW YOU." be equal to the annual increase in Aviation Other efforts he has directed resulted in the It didn't take me very long that first year Trust Fund revenue, if any. elimination of individuals from welfare and to realize that if I wanted my students to be Linked Financing assures that the taxes that their placement in meaningful jobs. Addition­ successful, I couldn't teach them as if they were all round pegs to fit into round holes, aviation users pay are promptly spent for avia­ ally, pension funds for which the comptroller is a trustee and advisor, are ranked in the top Some of them are square pegs, some are dia­ tion purposes. And it does this without major mond-shaped-all are unique. I began to read changes to the current budget process or the quartile for performance and the bottom quar­ and study and observe. Somewhere along the ability of Congress to oversee FAA's spend­ tile for costs. way, I read what a student had written, and ing. The stellar performances of this exceptional the words had a profound effect on my teach­ As an innovative mechanism for using dedi­ individual are attributable to his vast energy, ing: commitment, professional and academic train­ "Can't nobody teach me who don't know cated taxes-taxes collected for a specific pur­ ing. He received his undergraduate academic me and won't learn me." Let me repeat that: pose-Linked Financing could off er a solution "Can't nobody teach me who don't know me training from Queens College, and his Ph.D in for other user financed Government programs, and won't learn me." public law and government from Columbia as well. Wow, what a powerful statement! I began University. to try to get to know each one of my stu­ This is an interesting idea, Mr. Speaker, Alan Hevesi and his wife Carol have three dents-to search out the learning style which deserves serious consideration. The children, Laura, Daniel, and Andrew. I am unique to each one-to find just the right challenges facing aviation are not going to go pleased to recognize his vast contributions way to help each child experience success. It's a hard task-often an exhausting one and away and I urge my colleagues to give this and to introduce him to my House colleagues. proposal their attention as we begin to debate one I'm still trying to master. these issues in the final days of this Congress I guess the most outstanding example of tailoring education to fit the child was Fred. as well as the 105th Congress. A VETERAN INSTRUCTOR SHARES Fred was an older boy who'd been held back HER EXPERIENCES IN THE several years. By the time he was in the CLASSROOM fourth grade, he was so mature that he wasn't just noticing the girls but the teach­ RECOGNIZING TAIWAN'S NATIONAL ers, too! I found him in the sixth grade hall DAY HON. ROGER F. WICKER one day getting a drink of water, and as I OF MISSISSIPPI passed, I patted him on his back and told IN THE HOUSE OF REPRESENTATIVES him that he needed to return to his class­ HON. STEVE CHABOT room. He never raised up-I just heard him Thursday, September 26, 1996 utter, "Umm, umm, umm!" OF OHIO Well, at the end of that fourth grade year, IN THE HOUSE OF REPRESENTATIVES Mr. WICKER. Mr. Speaker, I want to share the principal decided to bypass fifth grade with my colleagues an article that appeared in and put Fred in my sixth grade class because Thursday, September 26, 1996 the Sunday, September 22 edition of the he was, quote, "getting too old to stay in el­ Mr. CHABOT. Mr. Speaker, I just wanted to Northeast Mississippi Daily Journal in my ementary school" and "it didn't matter take a moment before the Congress adjourns hometown of Tupelo, MS. Claudia Hopkins is where he was anyway; he couldn't learn." a fifth grade teacher at King Intermediate Boy, don't ever give me a challenge like for the year to congratulate our friends and al­ that! I discovered right away that Fred could lies in the Republic of China as they prepare School in Tupelo. She was recently asked to talk about her career as a teacher before the learn-in fact, he could learn fast. I showed to celebrate their National Day on October 10. him how to annex the zero in multiplication As my colleagues know, the Taiwanese Tupelo Rotary and Kiwanis Clubs. Her com­ in one day. He called that zero the "naked ments reaffirm my long-held feelings that people recently made history as they success­ zero. I don't know why. But it worked for classroom teachers are the most important fully and peacefully held the first Democratic him. He was like that-you could see the part of education. light come on in his eyes, and whatever con­ elections in over four thousand years of Chi­ nection he made that year, I supported. He nese history. President Lee Teng Hui and the A VETERAN INSTRUCTOR SHARES HER ExPERIENCES IN THE CLASSROOM couldn't read very well and we weren't really people of the Republic of China are to be successful in overcoming that, but he'd commended for that landmark achievement. (By Claudia Hopkins) found his own system of deciphering the I join with my colleagues in the Congress I never planned to teach. I didn't want to. printed word enough to keep up in science and my many Taiwanese-American friends in My mother was a career teacher, my father and social studies. had been a teacher at different times in my In getting to know him, I discovered that Cincinnati and around the country in congratu­ life, my aunts were teachers, and I just he got up before sunrise every day to help his lating the people of the Republic of China on wasn't interested. I didn't like teachers! uncle on their farm and that he drove a trac­ this, the 85th anniversary of their National They were always so intrusive! I think I was tor sometimes late into the night. Yet, he al­ Day. like Winston Churchill who said, "Person- ways had his homework that year. His lower September 26, 1996 EXTENSIONS OF REMARKS 25303 elementary teachers couldn't understand the a lot of time cutting out pictures from maga­ boys say to his neighbor, "Everybody but change. I didn't understand it. But Fred did. zines to reinforce my lesson on writing de­ James-he's too dumb to know what today He understood a lot of things for the very scriptions. Each student had taken one, writ­ is." Before I could respond, I heard James first time, and it felt good to him. ten a description, and then I was to read say, just as quietly, "Uh huh. Da, da, da, da, Years later I was back in that little com­ them and let them see if they could guess da, da! Today's the 29th!" I just fell out and munity for a visit, and I attended the very what the picture was from the description. said, "James, I love you!" At the end of the first graduation ceremony in their new high Well, my supervisor eased in just as I was week, I took up their journals and there in school. Can you imagine how I felt when the reading the description of an elephant. " It James' poor spelling and painfully childish principal called his name and there he was in has fat legs and big hips." One hand went up. writing were these words: " Miss Hockin love a cap and gown getting his diploma? That's I nervously asked, "Yes, honey, who or what me. She say so." Some things never change. why I teach. do you think it is?" "Sounds a lot like my IV. WHAT, THEN, HAS CHANGED? ill. HA VE CHILDREN CHANGED? sister to me!" Well, I handled the laughter as Am I saying that children are still attend­ I'm often asked, " Don't you think children well as I could and said something inad­ ing school in Mayberry with Miss Crump? have changed?" I've even said it myself, but equate like, "No, sweetie, it's not your sis­ Goodness. no! There ARE differences in our I really don't think it's the children who ter," and went on reading. "It has a little classrooms today. Because of advances in have changed. They haven't been here long tail." I see you're ahead of me. And of course technology, the world can be brought to our enough! The world has changed, values have that same little voice piped up, "Nope, it doors. We can access research data almost as changed, communication has changed, deliv­ sure ain't my sister if it's got a little tail. soon as new discoveries are made. We can ery of instruction has changed, I have Hers is as big as the Grand Canyon." Well, communicate with students in other places changed. But. I think the children are basi­ you'd think that was the end of it, wouldn't from our classrooms. We have more mate­ cally the same in 1996 as they were in 1969. you? Oh, no! Just as I reclaimed control of rials, more comfortable classrooms, more up­ 1. They love to be read to. I know that sen­ the class. another student raised his hand, to-date textbooks, more resources. But, be­ tence ended with a preposition, but as long and like a fool, I called on him. "What's that cause of drug abuse we have students who as I know it, it's OK. Isn't it? The beauty of mark on your top?" You know, tact is not a are severely altered in academic ability and the language is as appealing to children child's long suit. Well, that morning I'd let in behavioral skills. Because of the changes · today as it ever was. I try to read to my stu­ the iron stay a bit too long on that spot and in the home, we have students who are with­ dents every day. I choose all kinds of lit­ had a perfect print of an iron right on the drawn or threatening. Because of neglect, we erature, and they are just spellbound. For front of my top, but I'd convinced myself have students who seek attention in any way many, it's the only time of the day that that it wasn't noticeable. I explained, my hu­ they can get it. Because they've been given they're completely quiet and focused on miliation almost complete. As we walked too much too soon, we have students who are what's being said. That never changes. One out of the classroom, one of the students hopeless and jaded. The dead eyes alarm me of the perks of my job is hearing them say, said, "You need some new shoes, too." My more than anything. " The book is better than the movie" supervisor never said a word, in fact, she Today's differences create more challenges 2. The approval of their peers is as impor­ never came back. for teachers. What are the greatest chal­ tant today as it was when I first started 5. Brace yourselves, parents. Children tell lenges I face today? Probably the same ones teaching. On Friday, one of my students was us what you say about us. I really think I faced in the early '70s-how to individualize having a hard time getting anyone to work there ought to be a contract signed every instruction; how to provide a classroom cli­ with him. He said to me, "Nobody likes me," year between parents and teachers stating: mate where motivation can take place; how and then he walked off with slumped shoul­ We won't believe everything they say about to manage behavior; how to communicate ef­ ders. That's what the feeling does to chil­ you if you won't believe everything they say fectively with students, parents and other dren-to us all-it defeats us. I couldn't about us! I taught sex education one year­ educators; how to meet the needs of every stand for him to feel that way, so he and I don 't laugh-to sixth grade girls. I had student whether the need be academic, emo­ had a silent conversation while everyone else looked through my teachers' edition of my tional or physical; how to relinquish " teach­ was working. Have you ever had a silent con­ science book and noticed that chapter 10 was ing" time to laugh, to enjoy the spontaneous versation? It's where you and someone else about reproduction. The principal and I moment, to really look at a child, to really write your thoughts and questions and com­ planned for months. We had filmstrips and listen, to discover, to explore, to appreciate, ments instead of speaking them. It's a won­ videos, guest speakers lined up, and our les­ to grow; and the continuing challenge of how derful way to communicate. You're more fo­ sons all prepared. We'd sent the science to give a flawless performance on this edu­ cused on what you're feeling, you're using books home with instructions for the parents cation " stage" I've chosen, because ... more than one or two of your seven to read chapter 10, sign the permission notes . a doctor's mistake is buried intelligences and it's really hard to whine on and be in partnership with us as we went . a lawyer's mistake is imprisoned paper! Try it in your business. Try it at through the unit. . a plumber's mistake is stopped home with hour families! Anyway, I sug­ On the first day, I opened with, "Girls, I . an accountant's mistake is written off gested that perhaps he was so busy distract­ know you all have read chapter 10 and your . a printer's mistake is reprinted ing others and being loud that they weren't parents have read chapter 10. What are your . But, a teacher's mistake is never able to see the real him-the one that was so thoughts as we begin this unit?" There was erased. smart and capable. He didn't write a re­ just this long silence, so I tried another ap­ sponse-he just looked up at me, grinned and proach. "Did your parents discuss this with nodded, and said aloud, "This was fun" as he you?" Mary was the only one to raise her A CLOSER LOOK AT PARTIAL­ joined a group to finish his work. hand. "Yes, Mary?" "Well, my mother said it BIRTH ABORTIONS 3. Children today love to be creative, to was just like an old maid to get in a stew perform, to improvise. But here's the great over this. She said she didn't know what all paradox in education. Even though studies the fuss was about." I began to respond with HON. ROBERT K. DORNAN show that children who are stimulated cre­ something like, " Mary, some parents think OF CALIFORNIA atively through the arts perform better in this is a very delicate subject," and Mary IN THE HOUSE OF REPRESENTATIVES school and on standardized tests, the arts said, "What's delicate about plants?" budgets and the strictness of scheduling Friends, I had read the alternate chapter in Thursday, September 26, 1996 often cut out the very experiences that chil­ my teacher's edition. The students textbooks Mr. DORNAN. Mr. Speaker, even liberal dren need. Go figure! We're fortunate at King were all about cross pollination of pea pods­ newspapers such as the Washington Post to have the time, thanks to Dr. Cother, and not sexual reproduction. If those parents had agree that abortion advocates have been fast said to me what they'd said about me, we the materials, thanks to AEE, to be able to and loose with the facts concerning H.R. set up an art museum simulation this year could have saved ourselves a lot of stress! and perform several musicals that extend 6. Children today are as hungry for an 1833, the Partial-Birth Abortion Act. It's time to our social studies, science and literature cur­ adult's approval as they ever were. Several set the record straight. Here is an in-depth, ricula and meet the creative needs of each years ago my students were asked to write in factual analysis of this important, life-saving child. their journals at the beginning of every class bill. 4. Children love to see you in a tense, un­ period. It was one of those days when the si­ [From the National Right to Life comfortable situation and then they go in lence was broken several times with the Committee, Inc., Sept. 11, 1996] question, "What's today?" I'd answered that for the kill. PARTIAL-BIRTH ABORTIONS: A CLOSER LoOK That hasn't changed. question over and over and finally, I jumped I'll never forget the first time my superior up, ran to the middle of the room and sang, (By Douglas Johnson, NRLC Federal came into my classroom to observe me. Of "Da, da, da, da, da, da! Today's the 29th! Legislative Director) course, it was unexpected, but I felt pretty Now, everybody knows what today is." On The final version of the Partial-Birth good about the lesson for the day. I'd spent my way back to my seat, I heard one of the Abortion Ban Act (HR 1833) was approved by 25304 EXTENSIONS OF REMARKS September 26, 1996 the U.S. Senate by a vote of 54-44 on Decem­ that Dr. Haskell gave in 1993 to two medical tion. It has no basis in the text of the Par­ ber 7, 1995, and by the U.S. House of Rep­ publications, American Medical News (the tial-Birth Abortion Ban Act (HR 1833), which resentatives on March 27, 1996, by a vote of official AMA newspaper) and Cincinnati bans partial-birth abortion at any point in 286-129. On April 10, 1996, President Clinton Medicine. [All are available from NRLC.J pregnancy. Nor, contrary to some popular vetoed the bill. The House is expected to Here is how Dr. Haskell explained a key misconceptions, is there any basis in current vote on whether to override the veto on or part of the abortion method: With a lower Supreme Court constitutional doctrine or in about September 19, 1996. If two-thirds of the [fetal] extremity in the vagina, the surgeon neo-natal medical practice for adopting a House votes to override, the Senate also will uses his fingers to deliver the opposite lower " third trimester" demarcation. vote on whether to override. extremity, then the torso, the shoulders and Under the Supreme Court's doctrine, " via­ Opponents of the bill, including President upper extremities. The skull lodges at the in­ bility" is regarded as the constitutionally Clinton and his subordinates, have propa­ ternal cervical os[the opening to the uterus]. significant demarcation. In Planned Parent­ gated a number of myths regarding the par­ Usually there is not enough dilation for it to hood v. Casey (1992) , the Supreme Court ex­ tial-birth abortion procedure and the bill. pass through. The fetus is oriented dorsum plicitly disavowed the "trimester frame­ These myths include the assertions that par­ or spineup. At this point, the right-handed work" of Roe v. Wade (1973), and reaffirmed tial-birth abortions are very rare and are surgeon slides the fingers of the left hand that "viab111ty" is (in the Court's view) the performed only in extreme circumstances in­ along the back of the fetus and " hooks the constitutionally significant demarcation. volving serious fetal deformities or threat to shoulders of the fetus with the index and "Viability" is the point at which a baby born the life of the mother; that the bill would ring fingers (palm down) * * * [T]he surgeon prematurely can be sustained by good medi­ jeopardize the lives or health of some takes a pair of blunt curved Metzenbaum cal assistance. Currently, many babies are women; and that anesthesia given to the scissors in the right hand. He carefully ad­ "viable" a full three weeks before the "third mother kills the fetus/baby or renders her vances the tip, curved down, along the spine trimester." Therefore, most partial-birth pain-free before the procedure is performed. and under his middle finger until he feels it abortions kill babies who are already "via­ Some of this misinformation-especially the contact the base of the skull under the tip of ble," or who are at most a few days or weeks claim that the procedure is used mostly in his middle finger * * * [T]he surgeon then short of viability.1 cases of severe "fetal deformity"-has been forces the scissors into the base of the skull (Even at 20 weeks, the baby is seven inches uncritically adopted as factual by some jour­ or into the foramen magnum. Having safely long on average. And, as discussed below, at nalists, columnists, and editorialists. entered the skull, he spreads the scissors to a March 21 congressional hearing leading Yet, these claims are contradicted by the enlarge the opening. The surgeon removes medical authorities testified that the baby past writings and recorded statements of by this point is very sensitive to painful the scissors and introduces a suction cath­ stimuli.) doctors who have performed thousands of eter into this hole and evacuates the skull At least one partial-birth abortion special­ partial-birth abortions, and by other avail­ contents." [" Dilation and Extraction for ist, the late Dr. James McMahon, regularly able documentation, including authoritative Late Second Trimester abortion," pages 30- performed the procedure even after 26 medical information gathered by the House 31.) weeks-even into the ninth month. In 1995, Judiciary Committee and the Senate Judici­ Dr. Haskell also wrote that he " routinely Dr. McMahon submitted to the House Judici­ ary Committee. This factsheet relies heavily performs this procedure on all patients 20 1 ary Constitution Subcommittee a graph and upon such primary sources. For copies of through 24 weeks LMP [Le., from 4 h to 51h explanation that explicitly showed that he documents cited here, contact the NRLC months after the last menstrual period] with aborted healthy ("not flawed") babies even Federal Legislative Office at (202) 626-8820, certain exceptions," these "exceptions" in­ in the third trimester (after 26 weeks of preg­ fax (202) 347-3668. volving complicating factors such as being nancy). Dr. McMahon's own graph showed, WHAT IS A PARTIAL-BIRTH ABORTION, AND WHAT more than 20 pounds overweight. Dr. Haskell for example, that at 29 or 30 weeks, one­ IS THE PARTIAL-BIRTH ABORTION BAN ACT {HR also wrote that he used the procedure fourth of the aborted babies had no "flaw" 1833)? through 26 weeks [six months] "on selected however slight. Underneath the graph, Dr. The Partial-Birth Abortion Ban Act (HR patients." [p.28) He added, " Among its ad­ McMahon offered this explanation: After 26 1833) would prohibit performance of a par­ vantages are that it is a quick, surgical out­ weeks, those pregnancies that are not flawed tial-birth abortion, except in cases (if there patient method that can be performed on a are still non-elective. They are interrupted are many) in which the procedure is nec­ scheduled basis under local anesthesia." (p. because of maternal risk, rape, incest, psy­ essary to save the life of a mother. The com­ 33). chiatric or pediatric indications. [chart and plete text of the bill is attached to this fact­ In sworn testimony in an Ohio lawsuit on caption reproduced in June 15 hearing sheet. Nov. 8, 1995, Dr. Haskell explained that he record, page 109) The bill defines a " partial-birth abortion" first learned of the method when a colleague In an interview with Constitution Sub­ as "an abortion in which the person perform­ described very briefly over the phone to me committee Counsel Keri Harrison, Dr. ing the abortion partially vaginally delivers a technique that I later learned came from McMahon explained that "pediatric indica­ a long fetus before killing the fetus and com­ Dr. [James] McMahon where they internally tion" referred to underage mothers, not to pleting the delivery." Abortionists who vio­ grab the fetus and rotate it and accomplish­ any medical condition of the mother or the lates the law would be subject to both crimi­ be somewhat equivalent to a breech type of baby. nal and civil penalties, but no penalty would delivery. IS THE BABY ALIVE WHEN SHE IS PULLED FEET­ be applied to the woman who obtained such Dr. James McMahon, who died in 1995, used FIRST FROM THE WOMB? essentially the same procedure thousands of an abortion. American Medical News reported in 1993, This procedure is generally beginning at 20 times, and to a much later point in preg­ after conducting interviews with Drs. Has­ weeks (41h months) in pregnacy, and "rou­ nancy-even into the ninth month. Other kell and McMahon, that the doctors "told abortionists also employ the procedure, as tinely" at least 24 weeks (5lh months). It has AM News that the majority of fetuses abort­ often used much later-even into the ninth discussed below. ed this way are alive until the end of the pro­ month. The Los Angeles Times accurately AREN'T "THIRD TRIMESTER" ABORTIONS RARE? cedure." On July 11, 1995, American Medical and succinctly described this abortion meth­ AT WHAT STAGE IN PREGNANCY DO PARTIAL­ News submitted the transcript of the tape­ od in a June 16, 1995 news story: The proce­ BIRTH ABORTIONS OCCUR? ARE THESE BABIES recorded interview with Dr. Haskell to the dure requires a physician to extract a fetus, " VIABLE"? House Judiciary Committee. The transcript feet first, from the womb and through the It appears that the substantial majority of contains the following exchange: birth canal until all but its head is exposed. partial-birth abortions are performed late in American Medical News: Let's talk first Then the tips of surgical scissors are thrust the second trimester-that is, before the 27- about whether or not the fetus is dead be­ into the base of the fetus' skull, and a suc­ week mark-but usually after 20 weeks (41h forehand. tion catheter is inserted through the opening months). There is compelling evidence that Dr. Haskell: No it's not. No, it's really not. and the brain is removed. the overwhelming majority of these pre­ A percentage are for various numbers of rea­ In 1992, Dr. Martin Haskell of Dayton, week-27 partial-birth abortions are per­ sons. Some just because of the stress-intra­ Ohio, wrote a paper that described in detail, formed for purely "social" reasons. uterine stress during, you know, the two step-by-step, how to preform the procedure. In an attempt to "filter out" this docu­ ["Dilation and Extraction for Late Second mentation, many opponents of the bill at­ 1 According to the landmark survey of neonatal Trimester Abortion."] Dr. Haskell is a fam­ tempt to narrow the debate to only third-tri­ units in the National Institute of Child Health and ily practitioner who has performed over 1,000 mester partial-birth abortions procedures-­ Human Development Neonatal Research Network, such procedures in his walk-in abortion clin­ that is, to abortions performed beginning in conducted in 1987 and 1988 by Dr. Maureen Heck, et ics. Anyone who is seriously seeking the the 27th week [seventh month] of pregnancy. al. babies born at 23 weeks had on average a 23% chance of survival. rising to 34% at 24 weeks, and truth behind the conflicting claims regard­ Some journalists and commentators have 54% at 25 weeks. See " Very Low Birth Weight Out­ ing partial-birth abortions would do well to readily adopted this "filter." However, there comes of the National Institute of Child Health and start by reading Dr. Haskell's paper, and the is really no non-ideological justification for Human Development Neonatal Network," Pediat­ transcripts of the explanatory interviews adopting this "third trimester" demarca- rics, May 1991. September 26, 1996 EXTENSIONS OF REMARKS 25305 days that the cervix is being dilated [to per­ gional or general, is going to cause brain pain." After analyzing the partial-birth pro­ mit extraction of the fetus). Sometimes the death of fetus is without basis fact." [Senate cedure step-by-step for the subcommittee, membranes rupture and it takes a very small Judiciary Committee hearing record J-104- Prof. White concluded: "Without question, superficial infection to kill a fetus in utero 54, Nov. 17, 1995, p. 153) all of this is a dreadfully painful experience when the membranes are broken. And so in Subsequently, in attempting to defend for any infant subjected to such a surgical my case, I would think probably about a their "fetal demise" claims, pro-abortion ad­ procedure." [House Judiciary Committee third of those are definitely are [sic) dead be­ vocacy groups disseminated new claims that hearing No. 31, June 15, 1995, page 70.) Prof. fore I actually start to remove the fetus. And the late Dr. James McMahon had utilized ex­ Jean Wright concluded, "This procedure, if it probably the other two-thirds are not. ceptionally massive doses of narcotic anes­ were done on an animal in my institution, In an interview quoted in the Dec. 10, 1989 thesia before performing his abortions, and would not make it through the institutional Dayton News, Dr. Haskell conveyed that the that these massive doses would indeed kill a review process. The animal would be more scissors thrust is usually the lethal act: fetus. But in the testimony before the House protected than this child is." [hearing "When I do the instrumentation on the skull Judiciary Constitution Subcommittee on record, page 286) * * * it destroys the brain tissue sufficiently March 21 , 1996, Dr. David J. Birnbach, presi­ DOES THE BILL CONTAIN AN EXCEPTION FOR so that even if it (the fetus) falls out at that dent-elect of the Society for Obstetric Anes­ LIFE-OF-THE-MOTHER CASES? point, it's definitely not alive," Dr. Haskell thesia and Perinatology, testified: In order said. [For further evidence on this issue, see to cause fetal demise, it would be necessary HR 1833 explicitly provides that the ban the next section.) to give the mother dangerous and life-threat­ "shall not apply to a partial-birth abortion Brenda Pratt Shafer, a registered nurse ening doses of anesthesia." [* * *) Although that is necessary to save the life of a mother from Dayton, Ohio, stood at Dr. Haskell's there is no evidence that this massive dose whose life is endangered by a physical dis­ side while he performed three partial-birth will cause fetal demise, there is clear evi­ order, illness, or injury," if "no other medi­ abortions in 1993. In testimony before the dence that this excessive dose could cause cal procedure would suffice for that pur­ Senate Judiciary Committee (Nov. 17, 1995), maternal death. [House Judiciary Commit­ pose." Shafer described in detail the first of the tee hearing record no. 73, pages 140, 142) [Some pro-abortion advocacy groups have three procedures-which involved, she said, a insisted that exception does not apply to dis­ SINCE THE BABY IS STILL ALIVE WHEN "EX­ orders associated with pregnancy, since baby boy at 26lh weeks (over 6 months). Ac­ TRACTED" FROM THE WOMB, DOES SHE FEEL cording to Mrs. Shafer, the baby was alive "pregnancy" per se is not a disorder or dis­ PAIN? ease. House Judiciary Committee Chairman and moving as the abortionist delivered the Dr. Norig Ellison, president of the Amer­ baby's body and the arms-everything but Henry J. Hyde (R-11.) commented that this ican Society of Anesthesiologists (ASA), reading " is absurdly convoluted, and violates the head. The doctor kept the baby's head wrote to the Senate Judiciary Committee: just inside the uterus. The baby's little fin­ standard principles of statutory construc­ Drugs administered to the mother, either tion." In a June 7 letter, even President gers were clasping and unclasping, and his local anesthesia administered in the feet were kicking. Then the doctor stuck the Clinton has acknowledged that the bill "pro­ paracervical area or sedatives/analgesics ad­ vides an exception to the ban on this proce­ scissors through the back of his head, and ministered intramuscularly or intra­ the baby's arms jerked out in a flinch, a dure only when a doctor is convinced that a venously, will provide little-to-no analgesia woman's life is at risk."] startle reaction, like a baby does when he [pain relief) to the fetus. [Senate Judiciary thinks that he might fall. The doctor opened Under HR 1833, an abortionist could not be Committee, Nov. 17, 1995 hearing record, convicted of a violation of the law unless the up the scissors, stuck a high-powered suction page 226) tube into the opening and sucked the baby's government proved, beyond a reasonable On March 21, 1996, the House Judiciary doubt, that the abortion was not covered by brains out. Now the baby was completely Subcommittee on the Constitution con­ limp. this exception. (In addition, of course, the ducted a public hearing on "The Effects of government would have to prove, beyond a Under HR 1833, in any case in which a baby Anesthesia During a Partial-Birth Abor­ dies before being partly removed from the reasonable doubt, all of the other elements tion." Four leading experts in the field testi­ of the offense-that the abortionist "know­ uterus-whether of natural causes or by an fied that the fetuses/babies who are old action of an abortionist-the subsequent re­ ingly" partly removed a baby from the enough to be "candidates" for partial-birth womb, that the baby was still alive, and that moval of that baby is not a partial-birth abortion possess the neurological equipment abortion as defined by the bill. the abortionist then killed the baby.) to respond to painful stimuli, whether or not It is noteworthy that none of the five DOES ANESTHESIA GIVEN TO THE MOTHER KILL the mother has been anesthetized. Opponents women who appeared with President Clinton THE BABY? of the bill were unable to produce a single at his April 10 veto ceremony required a par­ Many prominent defenders of partial-birth medical witness willing to testify in support tial-birth abortion because of danger to her abortion have publicly insisted that the un­ of the claims that anesthesia kills the fetus life. As one of the women, Claudia Crown born babies are killed by anesthesia given to or renders the fetus insensible to pain. [See Ades, said in a tape-recorded April 12 radio the mother, prior to being "extracted" from House Judiciary Committee Hearing Record interview on WNTM (Mobile, AL): "My pro­ the womb. For example, syndicated col­ No. 73, March 21, 1996.) cedure was elective. That is considered an umnist Ellen Goodman wrote in November, Dr. Jean A. Wright, associate professor of elective procedure, as were the procedures of 1995, that if you listened to supports of the pediatrics and anesthesia at the Emory Uni­ Coreen Costello and Tammy Watts and ban, "You wouldn't even know that anesthe­ versity School of Medicine in Atlanta, testi­ Mary-Dorothy Line and all the other women sia ends the life of such a fetus before it fied that recent research shows that by the who were at the White House yesterday. All comes down the birth canal." NARAL Presi­ stage of development that a fetus could be a of our procedures were considered elective." dent Kate Michelman said, "The fetus, is, be­ "candidate" for a partial-birth abortion (20 [Complete tape recording available on re­ fore the procedure begins, the anesthesia weeks), the fetus "is more sensitive to pain quest.] that they give the woman already causes the than a full-term infant would be if subjected [Two of the women said that if their babies demise of the fetus. That is, it is not true to the same procedures," Prof. Wright testi­ had died natural deaths within their wombs, that they're born partially. That is a gross fied. These fetuses have "the anatomical and it could have placed them at risk. But the re­ distortion, and it's really a disservice to the functional processes responsible for the per­ moval of a baby who dies a natural death, public to say this." [KMOX-AM, St. Louis, ception of pain," and have "a much higher whether by foot-first extraction or in any Nov. 2, 1995) density of Opioid (pain) receptors" than other manner, is not an abortion and has Likewise, Planned Parenthood distributed older humans, she said. nothing to do with the bill. Professor Watson to Congress a "fact sheet" signed by Dr. Dr. David Birnbach, president-elect of the Bowes, Jr., of the University of North Caro­ Mary Campbell, Medical Director of Planned Society for Obstetric Anesthesia and lina, co-editor of the Obstetrical and Gyneco­ Parenthood of Metropolitan Washington, Perinatology, testified, "Having adminis­ logical Survey, has stated that weeks would which stated, "The fetus d1es of an overdose tered anesthesia for fetal surgery, I know pass between the baby's natural demise and of anesthesia given to the mother intra­ that on occasion we need to administer anes­ the development of any resulting risk to the venously * * * This induces brain death in a thesia directly to the fetus because even at mother.) fetus in a matter of minutes. Fetal demise these early ages the fetus moves away from therefore occurs at the beginning of the pro­ the pain of the stimulation." [hearing WHAT REASONS HAS PRESIDENT CLINTON GIVEN cedure while the fetus is still in the womb." record, page 288) FOR VETOING HR 1833? However, when this statement was read to At a hearing before the same panel on June On December 7, 1995, before the Senate had Dr. Norig Ellison, the president of the 34,000- 15, 1995, Professor Robert White, Director of even voted on final passage of the bill, chief member American Society of Anesthesiol­ the Division of Neurosurgery and Brain Re­ opponent Sen. Barbara Boxer (D-Cal.) took ogists (ASA), he testified, "There is abso­ search Laboratory at Case Western Reserve the floor to make an unqualified statement lutely no basis in scientific fact for that School of Medicine, testified, "The fetus that President Clinton would veto the bill. statement * * * think the suggestion that within this time frame of gestation, 20 weeks On December 8, White House Press Secretary the anesthesia given to the mother, be it re- and beyond, is fully capable of experiencing Michael Mccurry said unequivocally that 25306 EXTENSIONS OF REMARKS September 26, 1996 the President would veto the bill because " it for Disease Control reported that in 1993, it hard to make arrangements," and 33% who would represent an erosion of a woman's over 17,000 abortions were performed at 21 said "was afraid to tell her partner or par­ right to choose." weeks and later-and the CDC acknowledges ents." The report did not indicate that any However, when President Clinton next pub­ that the reports that it receives are incom­ of the 420 late abortions were performed be­ licly addressed the issue in a February 28 let­ plete.) cause of maternal health problems. ["Why ter to key members of Congress (after a na­ No one really knows how many late abor­ Do Women Have Abortions?," Family Plan­ tional poll found 71 % support for the ban), he tions are done by the partial-birth proce­ ning Perspectives, July/August 1988.) took different tone, although the legal bot­ dure. The Center for Reproductive Law and Also illuminating is an 1993 internal memo tom line was unchanged. Mr. Clinton wrote Policy told .The New York Times, " The num­ by Barbara Radford, then the executive di­ of having " studied and prayed about this ber of procedures that clearly meet the defi­ rector of the National Abortion Federation, issue * * * for many months," of finding the nition of partial birth abortion is very small, a " trade association" for abortion clinics: procedure " very disturbing," and of seeking probably only 500 to 1,000 a year." (March 28, There are many reasons why women have " common ground * * * that respects the 1996) Even if such figures were accurate, the late abortions: life endangel"ment, fetal indi­ views of those-including myself-who object legislation would be urgently needed. If a cations, lack of money or health insurance, to this particular procedure," while defend­ new virus swept through neo-natal units and social-psychological crises, lack of knowl­ ing Roe v. Wade. But the " common ground" killed 500 or 1,000 premature babies. it would edge about human reproduction, etc." that Mr. Clinton proposed tracked the lan­ be a top news story-not dismissed as too Likewise, a June 12, 1995, National Abor­ guage offered by Sen. Boxer on December 7, " rare" to be of consequence. For each human tion Federation letter to members of the and endorsed by the National Abortion and being at the pointed end of the scissors, a House of Representatives noted that late Reproductive Rights Action League partial-birth abortion is a 100% proposition. abortions are sought by, among others, (NARAL) as a " pro-choice vote." The Boxer/ Moreover, the numbers may be consider­ "very young teenagers * * * who have not NARAL amendment would have allowed par­ ably higher-perhaps thousands per year. Dr. recognized the signs of their pregnancies tial-birth abortion to be performed without Martin Haskell and the late Dr. James until too late," and by "women in poverty, any limitation whatever until " viability," McMahon spend years trying to convince who have tried desperately to act respon­ and also " after viability where, in the medi­ other abortionists of the merits of the proce­ sibly and to end an unplanned pregnancy in cal judgment of the attending physician, the dure-that was the purpose of Dr. Haskell's the early stages, only to face insurmount­ abortion is necessary to preserve the life of 1992 instructional paper (see page 3) which able financial barriers." the woman or avert serious adverse health was distributed by the National Abortion In her article about late-term abortions, consequences to the woman." (The Senate Federation, a lobbying group for abortion based in part on extensive interviews with rejected this gutting amendment.) clinics. For years, Dr. McMahon was director Dr. McMahon and on direct observation of The Boxer/Clinton language must be read of abortion instruction at the Cedar-Sinai his practice (Los Angeles Times Magazine, in the light of Doe v. Bolton, the 1973 com­ Medical Center in Los Angeles. In addition, January 7, 1990), reporter Karen Tumulty panion case to Roe v. Wade, in which the Su­ he invited other doctors to visit his abortion concluded: If there is any other single factor preme Court said that " health" must encom­ clinic for a period of days to learn the proce­ that inflates the number of late abortions, it pass " all factors-physical, emotional, psy­ dure. Also, The New York Times reported on is youth. Often, teen-agers do not recognize chological, familial and the woman's age­ Nov. 6, 1995: "Of course I use it, and I've the first signs of pregnancy. Just as fre­ relevant to the well-being of the patient." taught it for the last 10 years," said a gyne­ quently, they put off telling anyone as long Given this expansive definition of "health," cologist at a New York teaching hospital as they can. adding the word "serious" has no legal ef­ who spoke on condition of anonymity. "So According to Peggy Jarman, spokeswoman fect, since Mr. Clinton proposes to leave en­ do doctors in other cities." for Dr. George Tiller, who specializes in late­ tirely up to each abortionist to decide It is not known how many other abortion­ term abortions in Wichita, Kansas: About whether " depression" or some other ists have adopted the method, but a few have three-fourths of Tiller's late-term patients, " health" concern is "serious." made themselves known. On March 19, 1996, Jarman said, are teen-agers who have denied In a June 7 letter to leaders of the South­ Dr. William Ra.shbaum of New York City to themselves or their families they were ern Baptist Convention, Mr. Clinton said wrote a letter to Congressman Charles Can­ pregnant until it was too late to hide it. that he favored banning the procedure with ady (R-FL), stating that he has performed [Kansas City Star] an exception for "cases where a woman risks 19,000 late-term "procedures," and that he FOR WHAT REASONS ARE PARTIAL-BIRTH death or serious damage to her health," but has performed the procedure that HR 1833 ABORTIONS USUALLY PERFORMED? not for cases involving "youth" or " emo­ would ban "routinely since 1979. This proce­ tional stress." But in his formal veto mes­ dure is only performed in cases of later ges­ Some opponents of HR 1833, such as sage on the bill, Mr. Clinton referred to a tational age." NARAL and the Planned Parenthood Federa­ "health" exception as required by Roe v. In 1995, Dr. Martin Haskell filed a lawsuit tion of America (PPFA), have persistently Wade. Mr. Clinton, a former teacher of con­ challenging a state abortion-regulation law. disseminated claims that the partial-birth stitutional law, knows full well that these In that proceeding, two other doctors filed abortion procedure is employed only in cases two positions are inconsistent. because if affidavits affirming that they perform the involving extraordinary threats to the moth­ Roe/Doe applies to partial-birth abortions, same procedure as Dr. Haskell-and that's er or grave fetal disorders. For example, then even after "viability," the exception just in Ohio. NARAL President Kate Michelman wrote in must indeed cover "emotional" health. FOR WHAT REASONS ARE LATE-TERM ABORTIONS a Scripps Howard News Service op ed pub­ In his June 7 letter, President Clinton as­ USUALLY PERFORMED? lished June 16, 1996, "Late-term abortions are only used under the most compelling of serted that " the medical community * * * There is no evidence that the reasons for broadly supports the continued availability circumstances-to protect a woman's health which late-term abortions are performed by or life or because of grave fetal abnormality of this procedure where a woman's serious the partial-birth abortion method are any health interests are at stake." However, the * * * nearly all abortions are performed in different, in general, than the reasons for the first trimester." PPFA said in a press re­ American Medical Association (AMA) Legis­ which late-term abortions are performed by lative Council voted unanimously to rec­ lease that the partial-birth abortion proce­ other methods-and it is well established dure is "done only in cases when the wom­ ommend endorsement of the bill, with one that the great majority of late-term abor­ member explaining that the procedure was an's life is in danger or in cases of extreme tions do not involve any illness of the moth­ fetal abnormality." (Nov. 1, 1995) "not a recognized medical technique." (The er or the baby. They are purely "elective" full AMA Board of Trustees was divided on However, claims such as these are incon­ procedures-that is, they are performed for sistent with the writings and recorded state­ the bill and ultimately took "no position.") purely "social" reasons. Of the five medical doctors who serve in Con­ ments of the three doctors who are most In 1987, the Alan Guttmacher Institute closely identified with the procedure: Dr. gress, four voted for the bill, including the (AG!), an affiliate of the Planned Parenthood only family practitioner/gynecologist. Martin Haskell, Dr. James McMahon, and Federation of America (PPFA), collected Dr. David Grundmann. HOW OFTEN ARE PARTIAL-BIRTH ABORTIONS questionnaires from 1,900 women who were at PERFORMED? abortion clinics procuring abortions. Of the Reasons for Partial-Birth Abortions: Dr. Martin There are at least 164,000 abortions a year 1,900, "420 had been pregnant for 16 or more Haskell after the first three months of pregnancy, weeks." These 420 women were asked to In his 1992 paper, Dr. Martin Haskell, who and 13,000 abortions annually after 41/2 choose among a menu of reasons why they has performed over 1,000 partial-birth abor­ months, according to the Alan Guttmacher had not obtained the abortions earlier in tions, described the procedure as "a quick, Institute (New York Times, July 5 and No­ their pregnancies. Only two percent (2%) surgical outpatient method that can be per­ vember 6, 1995), which is an arm of Planned said " a fetal problem was diagnosed late in formed on a scheduled basis under local anes­ Parenthood. These numbers should be re­ pregnancy," compared to 71 % who responded thesia." Dr. Haskell, a family practitioner garded as minimums, since they are based on "did not recognize that she was pregnant or who operates three abortion clinics, wrote voluntary reporting to the AG!. (The Centers misjudged gestation." 48% who said " found that he "routinely performs this procedure September 26, 1996 EXTENSIONS OF REMARKS 25307 on all patients 20 through 24 weeks" (41/2 to Dr. Pamela E. Smith, director of Medical Dr. Grundmann himself described the pro­ 51h months) pregnant, except on women who Education, Department of Obstetrics and cedure in a television interview as "essen­ are more than 20 pounds overweight, have Gynecology, Mt. Sinai Hospital, Chicago, tially a breech delivery where the fetus is de­ twins, or have certain other complicating gave the Senate Judiciary Committee her livered feet first and then when the head of factors. analysis of Dr. McMahon's 175 "maternal in­ the fetus is brought down into the top of the For information on why Dr. Haskell adopt­ dication" cases. Of this sample, 39 cases cervical canal, it is decompressed with a ed the method, the 1993 interview in Cin­ (22%) were for maternal "depression," while puncturing instrument so that it fits cinnati Medicine is very instructive. Dr. Has­ another 16% were "for conditions consistent through the cervical opening." kell explained that he had been performing with the birth of a normal child (e.g., sickle In the 1994 paper, Dr. Grundmann listed dismemberment abortions (D&Es) to 24 cell trait, prolapsed uterus, small pelvis)," several "advantages" of this method, such as weeks: But they were very tough. Sometimes Dr. Smith noted. She added that in one-third that it "can be performed under local and/or it was a 45-minute operation. I noticed that of the cases, the conditions listed as "mater­ twi-light anesthetic" with "no need for nar­ some of the later D&Es were very, very easy. nal indications" by Dr. McMahon really indi­ cotic analgesics," "can be performed as an So I asked myself why can't they all happen cated that the procedure itself would be seri­ ambulatory out-patient procedure," and this way. You see the easy ones would have ously risky to the mother. there is "no chance of delivering a live a foot length presentation, you'd reach up Of Dr. McMahon's series, another 1,183 fetus." Among the "disadvantages," Dr. and grab the foot of the fetus, pull the fetus cases (about 56%) were for "fetal flaws," but Grundmann wrote, is "the aesthetics of the down and the head would hang up and then these included a great many non-lethal dis­ procedure are difficult for some people; and you would collapse the head and take it out. orders, such as cleft palate and Down Syn­ therefore it may be difficult to get staff." It was easy. * * *Then I said, "Well gee, if I drome. In an oped piece written for the Los (Dr. Grundmann also wrote that "abortion is just put the ultrasound up there I could see Angeles Times, Dr. Katherine Dowllng, a fam­ an integral part of family planning. Theo­ it all and I wouldn't have to feel around for ily physician at the University of Southern retically this means abortions at any stage it." I did that and sure enough, I found it 99 California School of Medicine, examined Dr. of gestation. Therefore I favor the availabil­ percent of the time. Kind of serendipity. McMahon's report on this "fetal flaws" ity of abortion beyond 20 weeks.") In 1993, the American Medical News-the group. She wrote: Twenty-four were done for Dr. Grundmann wrote that in Australia, official newspaper of the AMA-conducted a cystic hydroma (a benign lymphatic mass, late-second-trimester abortion is available tape-recorded interview with Dr. Haskell usually treatable in a child of normal intel­ "in many major hospitals, in most capital concerning this specific abortion method, in ligence). Nine were done for cleft lip-palate cities and large provincial centres" in case which he said: And I'll be quite frank: most syndrome (a friend of mine, mother of five, of "lethal fetal abnormalities" or "gross of my abortions are elective in that 20-24 and a colleague who is a pulmonary special­ fetal abnormalities," or "risk to maternal week range. * * * In my particular case, ist were born with this problem). Other rea­ life," including "psychotic/suicidal behav­ probably 20% [of this procedure) are for ge­ sons included cystic fibrosis (my daughter ior." However, Dr. Grundmann said, his netic reasons. And the other 80% are purely went through high school with a classmate Planned Parenthood clinic also offers the elective. with cystic fibrosis) and duodenal atresia procedure after 20 weeks for women who fall In a lawsuit in 1995, Dr. Haskell testified (surgically correctable, but many children into five additional "categories": (1) "minor that women come to him for partial-birth with this problem are moderately mentally or doubtful fetal abnormalities," (2) "ex­ abortions with "a variety of conditions. retarded). Guess they can't enjoy life, can treme maternal immaturity i.e. girls in the Some medical, some not so medical." Among they? In fact, most of the partial-birth abor­ 11 to 14 year age group," (3) women "who do the "medical" examples he cited was "agora­ tions in that [McMahon) survey were done not know they are pregnant," for example phobia" (fear of open places). Moreover, in for problems that were either surgically cor­ because of amenorrhea [irregular menstrua­ testimony presented to the Senate Judiciary rectable or would result in some degree of tion] "in women who are very active such as Committee on November 17, 1995, ob/gyn Dr. neurologic or mental impairment, but would athletes of those under extreme forms of Nancy Romer of Dayton (the city in which not harm the mother. Or they were done for stress i.e. exam stress, relationship breakup Dr. Haskell operates one of his abortion clln­ reasons that were pretty skimpy: depression, * * *," (4) "intellectually impaired women, ics) testified that three of her own patients chicken pox, diabetes, vomiting. ["What who are unaware of basic biology * * *," (5) had gone to Haskell's clinic for abortions Constitutes A Quality Life?," Los Angeles "major life crises or major changes in socio­ 1 Times, Aug. 28, 1996) "well beyond" 4 /2 months into pregnancy, Over one-third of McMahon's 2,000-abortion economic circumstances. The most common and that "none of these women had any med­ "series" involved neither fetal nor maternal example of this is a planned or wanted preg­ ical illness, and all three had normal health problems, however trivial. nancy followed by the sudden death or deser­ fetuses.'' In Dr. McMahon's interviews with Amer­ tion of the partner who is in all probability Brenda Pratt Shafer, a registered nurse ican Medical News and with Keri Harrison, the bread winner." who observed Dr. Haskell use the procedure counsel to the House Judiciary Subcommit­ IS A PARTIAL-BIRTH ABORTION EVER THE ONLY to abort three babies in 1993, testified that tee on the Constitution, Dr. McMahon freely WAY TO PRESERVE A MOTHER'S PHYSICAL one little boy had Down Syndrome, while the acknowledged that he performed late second HEALTH? other two babies were completely normal trimester procedures that were "elective" President· Cllnton and pro-abortion advo­ and their mothers were healthy. [Nurse even by his definition ("elective" meaning cacy groups have made strenuous efforts to Shafer's testimony before the House Judici­ without fetal or maternal medical justifica­ persuade the public that partial-birth abor­ ary subcommittee, with associated docu­ tion). tions are necessary to protect the llves or mentation, is available on request to NRLC.J After 26 weeks, Dr. McMahon claimed that health of pregnant women, and many jour­ Reasons for Partial-Birth Abortions: Dr. James all of his abortions were "non-elective"-but nalists have uncritically accepted this claim McMahon his definition of "non-elective" was very ex­ at face value. However, these claims are The late Dr. James McMahon performed pansive. His written submission stated: coming under increasingly sharp challenge thousands of partial-birth abortions, includ­ "After 26 weeks [six months), those preg­ from prestigious medical experts, and from ing the third-trimester abortions performed nancies that are not flawed are still non­ women who have given birth to babies in cir­ on the five women who appeared with Presi­ elective. They are interrupted because of cumstances such as those cited by President dent Clinton at his April 10 veto ceremony. maternal risk, rape, incest, psychiatric or Clinton. Dr. McMahon's general approach is illus­ pediatric indications." ["Pediatric indica­ The sort of cases highlighted by President trated by this illuminating statement in the tions" was Dr. McMahon's terminology for Clinton third-trimester abortions of babies July 5, 1993 edition of American Medical News: young teenagers.) with disorders incompatible with sustained "[A)fter 20 weeks where it frankly is a child Reasons for Partial-Birth Abortions: Dr. David life outside the womb-account for a small to me, I really agonize over it because the Grundmann fraction of all the partial-birth abortions. potential is so imminently there. I think, Dr. David Grundmann, the medical direc­ Confronted with identical cases, most spe­ 'Gee, it's too bad that this child couldn't be tor for Planned Parenthood of Australia, has ciallsts would never consider executing a adopted.' On the other hand, I have another written a paper in which he explicitly states breech extraction and puncturing the skull. position, which I think is superior in the hi­ that he uses the partial-birth abortion proce­ Instead, most would deliver the baby alive, erarchy of questions, and that is: 'Who owns dure (he calls it "dilatation and extraction") sometimes early, without jeopardy to the the child?' It's got to be the mother." as his "method of choice" for abortions done mother-usually viginally-and make the In June, 1995, Dr. McMahon submitted to after 20 weeks (41/z months), and that he per­ baby as comfortable as possible for whatever Congress a detailed breakdown of a "series" forms such abortions for a broad variety of time the child has allotted to her. of over 2,000 of these abortions that he had social reasons. [This paper, "Abortion After In an interview published in the August 19 performed. He classified only 9% (175 cases) Twenty Weeks in Clinical Practice: Prac­ edition of American Medical News, former as involving "maternal [health) indica­ tical, Ethical and Legal Issues," and associ­ Surgeon General C. Everett Koop said, "I be­ tions," of which the most common was "de­ ated documentation, is available from lieve that Mr. Clinton was misled by his pression." NRLC.) medical advisors on what is fact and what is 25308 EXTENSIONS OF REMARKS September 26, 1996 fiction in reference to late-term abortions. tial-birth abortion. Ms. French wrote: In re­ passion and the best comfort-care that medi­ Because in no way can I twist my mind to cent months, I have had the opportunity to cal science can offer-not a scissors in the see that the later-term abortions as de­ get to know many women who've carried and back of the head. In some such situations scribed-you know, partial birth, and then given birth to children with fatal conditions there are good medical reasons to deliver destruction of the unborn child before the from anacephaly, encepaloceles, Trisomy 18, such a child early, after which natural death head is born-is a medical necessity for the hydrocephaly, and even a rare disease called will follow quickly. mother. It certainly can't be a necessity for body stalk anomaly, in which internal or­ Dr. Harlan Giles, a professor of "high-risk" the baby." gans develop outside a baby's body. We gave obstetrics and perinatology at the Medical Dr. Koop, a world-renown pediatric sur­ birth to our children knowing that their se­ College of Pennsylvania, performs abortions geon, was asked by the American Medical rious physical disabilities might not allow by a variety of procedures up until "viabil­ News reporters whether he had ever "treated them to live long. * * * You say that partial­ ity." However, in sworn testimony in the children with any of the disabilities cited in birth abortion has to be legal for cases like U.S. Federal District Court for the Southern this debate? For example, have you operated ours, because women's bodies would be District of Ohio (Nov. 13, 1995), Prof. Giles on children born with organs outside of their 'ripped to shreds' by carrying their very sick said: [After 23 weeks] I do not think there bodies?" Dr. Koop replied, "Oh, yes indeed. children to term. By your repeated state­ are any maternal conditions that I'm aware I've done that many times. The prognosis ments, you imply that partial-birth abortion of that mandate ending the pregnancy that usually is good. There are two common ways is the only or the most desirable response to also require that the fetus be dead or that the fetal life be terminated. In my experi­ that children are born with organs outside of children suffering severe disabilities like our ence for 20 years, one can deliver these their body. One is an omphalocele, where the children. * * * This message is so wrong! fetuses either vaginally, or by Cesarean sec­ organs are out but sill contained in the sac * * * Will you meet with us personally, and tion for that matter, depending on the choice * * * the first child I ever did, with a hug hear our stories? of the parents with informed consent. * * * omphalocele much bigger than her head, Ms. French got a brief letter of response But there's no reason these fetuses cannot be went on to develop well and become the head from two White House scheduling aides, who delivered intact vaginally after a miniature nurse in my intensive care until many years said that "the tremendous demands on the labor, if you will, and be at least assessed at later." President will not give him the opportunity birth and given the benefit of the doubt. In addition, in the summer of 1996, an orga­ to speak with you and your group.* * *Your [transcript, page 240) nization called Physicians' Ad Hoc Coalition continued interest and support are deeply In a partial-birth abortion, the abortionist for Truth (PHACT) began circulating mate­ appreciated." dilates a woman's cervix for three days, until rial directly challenging President Clinton's WHAT ABOUT PRESIDENT CLINTON'S STATEMENT it is open enough to deliver the entire baby claims. As of early September, PHACT re­ THAT FOR SOME WOMEN, THE ONLY ALTER­ breech, except for the head. When American portedly consisted of over 230 physicians, NATIVE TO PARTIAL-BIRTH ABORTION IS TO Medical News asked Dr. Martin Haskell why mostly professors and other specialists in ob­ "RIP YOUR BODY TO SHREDS" ? he could not simply dilate the woman a little stetrics, gynecology, and fetal medicine. In President Clinton has repeatedly justified more and remove the baby without killing an advertisement published in August, the him, Dr. Haskell responded: The point here is PHACT physicians said: Congress, the pub­ his veto by referring to cases in which the baby suffers from advanced hydrocephaly you're attempting to do an abortion * * * lic-but most importantly women-need to not to see how do I manipulate the situation know that partial-birth abortion is never (head enlargement). Speaking in Milwaukee on May 23, President Clinton suggested that so that I get a live birth instead. [American medically indicated to protect a mother's Medical News transcript] Bob Dole or others who would deny a partial­ Under closer examination, it becomes clear health or her future fertility. birth abortion in such cases are saying "it's The PHACT doctors also referred directly that in some cases, the primary reason for okay with me if they ripped your body to performing the procedure is not concern that to the specific medical conditions that af­ shreds and you could never have another fected some of the women who appeared with the baby will die in utero, but rather, that President Clinton at his April 10 veto cere­ baby." he/she will be born alive, either with dis­ mony, such as hydrocephalus (excessive fluid But this is medical nonsense. Medical spe­ orders incompatible with sustained life out­ in the head), and commented: We, and many cialists commonly deal with cases of severe side the womb, or with a non-lethal disabil­ other doctors across the United States, regu­ hydrocephaly by a procedure called ity. (Again, in Dr. McMahon's table of par­ cephalocentesis, in which a needle is used to tial-birth abortions performed for "fetal in­ larly treat women whose unborn children withdraw the excess fluid (but not the brain), suffer these and other serious conditions. dications," the largest category was for Never is the partial-birth procedure medi­ reducing the head size so that normal deliv­ Down Syndrome.) cally indicated. Rather, such infants are reg­ ery of a live baby can occur. An eminent au­ Viki Wilson, whose daughter Abigail died ularly and safely delivered live, vaginally, thority on such matters, Dr. Watson A. at the hands of Dr. McMahon at 38 weeks, Bowes, Jr., professor of ob/gyn (maternal and with no threat to the mother's health or fer- said: I knew that I could go ahead and carry tility. . fetal medicine) at the University of North the baby until full term, but knowing, you At a July 24 briefing on Capitol Hill, Carolina, who is co-editor of the Obstetrical know, that this was futile, you know, that PHACT member Dr. Curtis Cook, and ob/gyn and Gynecological Survey, wrote to Con­ she was going to die* * *I felt like I needed perinatologist with the West Michigan gressman Charles Canady: Critics of your bill to be a little more in control in terms of her who say that this legislation will prevent Perinatal and Genetic Diagnostic Center life and my life, instead of just sort of leav­ (616-391-3681), said that partial-birth abor­ doctors from performing certain procedures ing it up to nature, because look where na­ tion is never necessary to preserve the life or which are standard of care, such as ture had gotten me up to this point. [NAF cephalocentesis (removal of fluid from the video transcript, page 4.J the fertility of the mother, and may in fact Tammy Watts, whose baby was aborted by threaten her health or well-being or future enlarged head of a fetus with the most severe form of hydrocephalus) are mistaken. In Dr. McMahon in the 7th month, said: I had a fertility. In my practice, I see these rare, un­ such a procedure a needle is inserted with choice. I could have carried this pregnancy usual cases that come to most generalists' to term, knowing everything that was offices once in a lifetime-they all come into ultrasound guidance through the mother's abdomen into the uterus and then into the wrong. [Testimony before Senate Judiciary our office. We see these every day * * * The enlarged ventricle of the brain (the space Committee, Nov. 17, 1995) presence of fetal disabilities or fetal anoma­ containing cer~brospinal fluid). Fluid is then Claudia Crown Ades, who appeared with lies are not a reason to have a termination of President Clinton at the April 10 veto, said: pregnancy to preserve the life of the moth­ withdrawn whi~h results in reduction of the size of the llead so that delivery can occur. My procedure was elective. That is consid­ er-they do not threaten the life of the This procedu1e is not intended to kill the ered an elective procedure, as were the pro­ mother in any way * * * [and) where these cedures of Coreen Costello and Tammy Watts rare instances do occur, they do not require fetus, and, in fact, is usually associated with the birth of a live infant. and Mary Dorothy-Line and all the other the death of the baby or the fetus prior to women who were at the White House yester­ the completion of the delivery. (Note: Cases of hydrocephaly accounted for less than 4% of Dr. McMahon's partial-birth day. All of our procedures were considered Also present at the July 24 briefing were elective. [Quotes from taped appearance on several women who, while pregnant, had abortions, according to his submission to the House Judiciary Committee.) WNTM, April 12, 1996) learned that their unborn babies were af­ In a letter opposing HR 1833, one of Dr. flicted with conditions similar or identical WHAT ABOUT THE SMALL MINORITY OF CASES McMahon's colleagues at Cedar-Sinai Medi­ to those cited by President Clinton, but who THAT DO INVOLVE "SERIOUS FETAL DEFORM­ cal Center, Dr. Jeffrey S. Greenspoon, wrote: gave birth to their babies alive. One of the ITY"? As a volunteer speaker to the National Spina women, Jeannie French of Oak Park, Illi­ It is true that some partial-birth abor­ Bifida Association of America and the Cana­ nois, distributed a July 17 letter that she and tions-a small minority-involve babies who dian National Spina Bifida Organization, I several other women sent to President Clin­ have grave disorders that will result in death am familiar with the burden of raising a sig­ ton, asking for a meeting so that he could soon after birth. But these unfortunate nificantly handicapped child * * * The bur­ learn about the medical alternatives to par- members of the human family deserve com- den of raising one or two abnormal children September 26, 1996 EXTENSIONS OF REMARKS 25309 is realistically unbearable. [Letter to Rep. plish-be somewhat equivalent to a breech by kills a human fetus shall be fined under Hyde, July 19, 1995) type of delivery. this title or imprisoned not more than two IS THERE A MORE "OBJECTIVE" TERM FOR THE ARE THE FIVE LINE DRAWINGS OF THE PROCE­ years, or both. This paragraph shall not PROCEDURE THAN ''PARTIAL-BIRTH ABORTION? DURE CIRCULATED BY NRLC ACCURATE, OR apply to a partial-birth abortion that is nec­ MISLEADING? essary to save the life of a mother whose life Some opponents of the Partial-Birth Abor­ is endangered by a physical disorder, illness, tion Ban Act (HR 1833) insist that anyone The AMA newspaper American Medical or injury: Provided, That no other medical writing about the bill should say that it bans News (July 5, 1993) interviewed Dr. Martin procedure would suffice for that purpose. a procedure "known medically as intact dila­ Haskell and reported: Dr. Haskell said the This paragraph shall become effective one tion and evacuation." But when journalists drawings were accurate "from a technical day after enactment. comply with this demand, they do so at the point of view." But he took issue with the (b)(l) As used in this section, the term expense of accuracy. The bill itself makes no implication that the fetuses were "aware and 'partial-birth abortion' means an abortion in reference whatever to " intact dilation and resisting." which the person performing the abortion evacuation" abortions. More importantly, Professor Watson Bowes of the University partially vaginally delivers a living fetus be­ the term "intact dilation and evacuation" is of North Carolina at Chapel Hill, co-editor of fore killing the fetus and completing the de­ not equivalent to the class of procedures the Obstetrical and Gynecological Survey, livery. banned by the bill. wrote in a letter to Congressman Canady: (2) As used in this section, the term 'physi­ The bill would make it a criminal offense Having read Dr. Haskell's paper, I can assure cian' means a doctor of medicine or osteop­ (except to save woman's life) to perform a you that these drawings accurately rep­ athy legally authorized to practice medicine "partial-birth abortion," which the bill resent the procedure described therein. * * * and surgery by the State in which the doctor would define-as a matter of law-as "an Firsthand renditions by a professional medi­ performs such activity, or any other individ­ abortion in which the person performing the cal illustrator, or photographs or a video re­ ual legally authorized by the State to per­ abortion partially vaginally delivers a living cording of the procedure would no doubt be form abortions: Provided, however, That any fetus before killing the fetus and completing more vivid, but not necessarily more instruc­ individual who is not a physician or not oth­ the delivery." tive for a non-medical person who is trying erwise legally authorized by the State to In contrast, the term "intact dilation and to understand how the procedure is per­ perform abortions, but who nevertheless di­ evacuation" was invented by the late Dr. formed. rectly performs a partial-birth abortion, James McMahon, and until recently, was id­ On Nov. 1, 1995, Congresswoman Patricia shall be subject to the provisions of this sec­ iosyncratic to him. It appeared in no stand­ Schroeder and her allies actually tried to tion. ard medical textbook or database, nor any­ prevent Congressman Canady from display­ (c)(l) The father, if married to the mother where in the standard textbook on abortion ing the line drawings during the debate on at the time she receives a partial-birth abor­ methods, Abortion Practice by Dr. Warren HR 1833 on the floor of the House of Rep­ tion procedure, and if the mother has not at­ Hern. Because "intact dilation and evacu­ resentatives. But the House voted by nearly tained the age of 18 years at the time of the ation"2 is not a standard, clearly defined a 4-to-l margin (332 to 86) to permit the abortion, the maternal grandparents of the medical term, the House Judiciary Constitu­ drawings to be used. fetus, may in a civil action obtain appro­ tion Subcommittee staff (which drafted the DOES THE BILL CONTRADICT U.S. SUPREME priate relief, unless the pregnancy resulted bill under Congressman Canady's super­ COURT DECISIONS? from the plaintiffs criminal conduct or the vision) rejected it as useless for purposes of The Supreme Court has never said that plaintiff consented to the abortion. defining a criminal offense. Indeed, it is there is a constitutional right to kill human (2) Such relief shall include-- worse than useles&-a criminal statute that beings who are mostly born. CA) money damages for all injuries, psycho­ relied on such a term would be stricken by In its official report on HR 1833, the House logical and physical, occasioned by the viola­ the federal courts as "void for vagueness." Judiciary Committee makes the very plau­ tion of this section; and Although there is no clear definition of the (B) statutory damages equal to three times sible argument that HR 1833 could be upheld the cost of the partial-birth abortion. term, we know enough to say that it is inac­ by the Supreme Court without disturbing curate to equate "intact dilation and evacu­ (d) A woman upon whom a partial-birth Roe. In Roe, the Supreme Court said that abortion is performed may not be prosecuted ation" abortions with the procedures banned "the word 'person,• as used in the Fourteenth by HR 1833, since in his writings Dr. under this section, for a conspiracy to vio­ Amendment, does not include the unborn." late this section, or for an offense under sec­ McMahon clearly used the term "intact dila­ Thus. under the Supreme Court's doctrine, a tion and evacuation" so broadly as to cover tion 2, 3, or 4 of this title based on a viola­ human being becomes a legal "person" upon tion of this section. certain procedures which would not be af­ emerging from the uterus. But a partial­ fected at all by HR 1833 (e.g., removal of ba­ birth abortion does not involve an " unborn STEPS bies who are killed entirely in utero, and re­ fetus." A partial-birth abortion, by the very "(T]he surgeon then forces the scissors moval of babies who have died entirely natu­ definition in the bill, kills a human being into the base of the skull * * * [H]e spreads ral deaths in utero). Indeed, at least one of who is partly born. Indeed, a partial-birth the scissors to enlarge the opening. The sur­ the specific women highlighted by opponents abortion kills a human being who is four­ geon removes the scissors and introduces a of HR 1833 had various types of "intact D&E" fifths across the 'line-of-personhood' estab­ suction catheter into this hole and evacuates abortion procedures that were not covered lished by the Supreme Court. the skull contents. With the catheter still in by HR 1833's definition of "partial-birth Moreover, in Roe v. Wade itself, the Su­ place, he applies traction to the fetus, re­ abortion." preme Court took note of a Texas law that moving it completely from the patient." [In his 1992 instructional paper, Dr. Haskell made it a felony to kill a baby "in a state of Text from Martin Haskell, M.D., Dilation referred to the method as "dilation and ex­ being born and before actual birth," and the and Extraction for Late Second Trimester traction" or "D&X"-noting that he "coined Court did not disturb that law. Abortion. the term." When the b111 was drafted, the Thus, the Supreme Court could very well term "dilation and extraction" did not ap­ decide that the killing of a mostly born pear in medical dictionaries or databases.) baby, even if done by a physician, is not pro­ TRIBUTE TO ANTONIO BROWN The term chosen by Congress, partial-birth tected by Roe v. Wade. abortion, is in no sense misleading. In sworn HON. JACK KINGSTON testimony in an Ohio lawsuit on Nov. 8, 1995, THE PARTIAL-BIRTH ABORTION BAN ACT (H.R. Dr. Martin Haskell-who has done over 1,000 1833) AS PASSED BY THE U.S. SENATE ON DE­ OF GEORGIA partial-birth abortions, and who authored CEMBER 7, 1995 AND BY THE U.S. HOUSE OF IN THE HOUSE OF REPRESENTATIVES the instructional paper that touched off the REPRESENTATIVES ON MARCH 27, 1996 Thursday, September 26, 1996 Section 1. Short Title. controversy over the procedure-explained Mr. KINGSTON. Mr. Speaker, I submit for that he first learned of the method when a This Act may be cited as the "Partial­ the RECORD a story of a true hero. It is fitting colleague described very briefly over the Birth Abortion Ban Act of 1995." and proper for Congress to recognize Mr. An­ phone to me a technique that I later learned Sec. 2. Prohibition on Partial-Birth Abortions came from Dr. McMahon where they inter­ tonio Brown for his gallant effort. We need nally grab the fetus and rotate it and accom- (a) In General.-Title 18, United States more citizens like him. Code, is amended by inserting after Chapter 73 the following: "Chapter 74-Partial-Birth [From the Savannah Morning News, June 28, 2The term "'intact dilation and evacuation" Abortions. 1996) should not be confused with " dilation and evacu­ Sec. 1531. Partial-birth abortions prohib­ MAN SHOT TRYING TO THwART ARMED ation."' wh1ch ts a procedure commonly sued in sec­ ROBBERY ond-trimester abortions, involving dismemberment ited. of the fetus/baby while still in the uterus. The bill (a) Any physician who, in or affecting (By John Cheves and Keith Paul) does not apply to ""dilation and evacuation" abor­ interstate or foreign commerce, knowingly Antonio L. Brown wasn't going to stand tions at all. performs a partial-birth abortion and there- quietly and watch a mugging. 25310 EXTENSIONS OF REMARKS September 26, 1996 Not on his street. Not when the victim was Medical research is expensive. Vinik said. Right now, the key is finding the a friend. The payoff isn't guaranteed. blueprint gene in hamsters. Instead, Brown was shot in the head at Other scientists around the world are chas­ No one at the medical school will disclose about 11 p.m. Wednesday after he attempted ing the same type of cure and hoping to get how close-or how far-they are. They must to thwart the armed robbery on the 600 block there first. be careful, they say, not to reveal too much of East Duffy Street, just a stone's throw Because fund-raising efforts have fallen to rival scientists. from his family's home. short and grants are hard to come by, money " One never knows until the last minute, He remained in critical condition Thursday matters now loom almost as large as sci­ until the last experiment was done," said Dr. night at Memorial Medical Center. entific questions at the institutes. Leon-Paul Georges, director of the insti­ The 21-year-old Savannah High School If Vinik's project succeeds, it could help tutes. "It's a tremendous gamble, in a way." graduate was standing in his small front millions of diabetes sufferers, and bring For the last 7 years or so, the medical yard late Wednesday, relatives said. When glory and money to the relatively new medi­ school and Hampton Roads contributors Brown looked west down Duffy Street, he cal school and to Hampton Roads. If it fails­ have been putting their money on the table saw the attempted mugging of a male friend. despite years of effort and millions of dol­ to fund this research. "He said, 'I just can't let that happen like lars-most people probably will never know The institutes run a large patient-care that,' and then he walked over there,'' said about it. clinic and education programs. Vinik, who nephew Rajai Steward on Thursday. The public hears only about the great dis­ had earned an international reputation at Added Savannah police Detective Deborah coveries, said Jock R. Wheeler, the school's the University of Michigan Medical School A. Robinson, " Brown stepped in between the dean. and elsewhere, arrived to head the research two to stop the robbery. He was trying to "There are many more scientists who work division in 1990. A new laboratory opened fight with the assailant and was shot once in their entire lifetimes and never gain recogni­ that fall, after a foundation fund-raising the head." tion or the goals they've set for themselves," campaign brought in Sll.5 million in less Police searched Thursday for the suspected he said. " That doesn't mean they've been un­ than four years. gunman, Jarrett Myers, 20, of 413 E. successful.'' Georges remembers a day when he and Waldburg St. Police filed warrants charging A scientist who cures diabetes would im­ Vinik ordered a million dollars worth of so­ Myers with aggravated assault. prove the lives of millions in the United phisticated diagnostic equipment and sup­ Brown knew Myers casually, but the two plies. weren't friends, Brown's family said. States alone. The 600 block of East Duffy Street is a nar­ Diabetes happens because the body either Since then, there have been up years and row, dead-end road that sits in the heart of can't make or can't properly use insulin, a down years with fund raising, said Georges. "Area C, " a midtown neighborhood generally hormone that helps process sugar and other The last year or so has been down. Last considered the poorest and most violent part carbohydrates. week, the research division dropped 10 jobs, of Savannah. It has been diagnosed in 8 million Ameri­ almost half of its 25-person staff, although But Brown, known as Tony to friends, cans, and some health officials estimate as none of the researchers worked on Vinik's wasn't the type of man to walk away from a many as 8 million more have the disease but key project. They're also scaling back on threat in a hostile environment, relatives don't know it. In 1992, diabetes contributed supplies and equipment purchases. The pa­ said. to the deaths of at least 170,000 people in the tient care and education departments " I look at him as a hero, Steward said. "A United States, according to the Centers for weren't affected. lot of** * men, they wouldn't have gotten Disease Control and Prevention. It can lead The Diabetes Institutes Foundation, the involved." to blindness, heart disease, stroke, kidney Norfolk-based, non-profit group that finds Brown's wife, Jacqueline Steward, said failure and nerve damage. money for the institutes, collected about Brown had just been hired as a bricklayer Vinik and his staff say they have taken a $700,000 less than it hoped to in the 1994-95 here in Savannah, and he had a strong work big step toward a possible cure. Working fiscal year, according to the foundation's tax ethic. with collaborators at McGill University in forms. The foundation began that year about "He was the type of person, he didn't both­ Montreal, they've discovered a mix of pro­ $700,000 behind for a combined shortfall of er with nobody," she said. "He didn't hang teins that spurs the body to grow more insu­ about Sl.4 million. out on the street or sell drugs, or anything lin-producing cells, Vinik says. The foundation's board is composed mostly like that." The researchers have experimented with a of community volunteers. Georges, who sits mix of proteins that cures the disease in on the board, said that despite members' hamsters, that were given a chemical to hard work, it simply wasn't possible to raise DIABETES RESEARCH make them diabetic, Vinik said. The sci­ as much as they had hoped. They were able entists do much of their work in a building to raise about $800,000 for the institutes in on Brambleton Avenue, across from the med­ the 1994-95 fiscal year, according to tax docu­ HON. ROBERT c. scorr ical school's main buildings. ments. OF VIRGINIA The human body grows insulin-producing The medical school had been making up IN THE HOUSE OF REPRESENTATIVES cells, located at the pancreas, before birth. the difference between what was budgeted Thursday, September 26, 1996 After birth, the body doesn't create many and what was raised. The foundation intends more of these cells. to repay the money, but so far hasn't been Mr. SCOTT. Mr. Speaker, recently at a spe­ But in people with diabetes. the process able to, Georges said. cial session of the Congressional Black Cau­ malfunctions. With type 1 diabetes-which This year, the medical school's and insti­ cus, members learned about the devastating accounts for only about 5 percent of all tutes' board members decided the school impact of diabetes in the African-American cases-the body apparently attacks and kills couldn't fill the gap anymore. community. I wanted to share with my col­ its own insulin-producing cells. With type 2, With less money, Vinik says, the institute leagues the exciting research underway at the either the body can't efficiently use the insu­ must look to other funding sources to con­ lin or the cells can't make enough; some­ tinue at the same pace. And success may de­ Diabetes Institute in Norfolk, VA. The work times, the cells die under the strain. pend on speed. More than a half-dozen other being done there holds out the hope that we Vinik and his colleagues are trying to re­ centers around the world are investigating can actually discover a cure for this disease vive the ability the body had before birth, the same type of treatment. and I believe we must do all we can to sup­ prompting it to grow more insulin-producing Wheeler, the medical school's dean, won't port efforts that have this much promise. Mr. cells. say whether he thinks the work will go more Speaker, I ask unanimous consent that the at­ To do that, they must accomplish two slowly now. He said the board still backs tached article from the Virginia-Pilot be printed things: Vinik's project. "We think the diabetes pro­ gram has been very successful and we think in the CoNGRESSIONAL RECORD. They must find a specific gene that acts as a blueprint, telling the body to create the it will continue to be very successful," [The Virginia-Pilot, Tuesday, July 9, 1996] protein. Or they must isolate the specific Wheeler said. A RESEARCH GAMBLE protein created by the gene. But the foundation and the medical (By Marie Joyce) They must find other substances that shut school-like institutions around the coun­ Someday, Dr. Aaron I. Vinik may be able off the process once enough insulin-produc­ try-have been hurt by a shrinking pot of re­ to say that he and his colleagues helped cure ing cells have been created. search and education money from the gov­ diabetes, through work they did at the Dia­ Potentially. Vinik says, the discovery ernment and private groups, say school offi­ betes Institutes at Norfolk's Eastern Vir­ could help all type 1 sufferers and the 15 per­ cials. ginia Medical School. cent or so of type 2 victims who lose their in­ ''The decisions in medical schools are very Someday. sulin-producing cells. difficult right now," Wheeler said. Right now, Vinik, his staff and the medical If they can accomplish all this in animals, The Diabetes Institutes will continue with school are taking a high-stakes gamble. they probably can do it in humans. too, other major research projects, although they September 26, 1996 EXTENSIONS OF REMARKS 25311 may have to cut back on some less impor­ bill in 1934, nothing more than was said on as head of the Congress Party after he was tant investigations. the floor of this House, nothing more than the indicted for defrauding an Indian businessman. Among other things, the institutes are par­ Department of the Interior confirmed in the The Congress Party is providing tacit support ticipating in a study of a medicine that re­ special use permit. In 1960, Justice Hugo to the current government headed by H.D. verses some diabetes-related nerve damage. Deve Gowda. A major biotechnology company is funding Black wrote, "Great nations, like great men, some of that work. The project has attracted should keep their promise." With this bill, we According to the Washington Post, Mr. Rao a lot of attention and brought in patients keep our promise to these native Americans, has been ordered to face criminal charges be­ and donations from around the country. to these fellow citizens of the United States. cause an Indian expatriate businessman As for the project on growing insulin-pro­ They deserve nothing less. named Lakhubhai Pathak alleges that Mr. Rao ducing cells, the institutes will look for conspired with a Hindu guru to cheat him out other sources of money, said Vinik. They of $100,000. He will be formally indicted on will seek more collaborators at other AMERICAN TEACHERS IN BOSNIA September 30. This took place in 1983, and schools, who would take on some of the work AND HERZEGOVINA HELP RE­ Mr. Rao is just now facing charges for it. It in exchange for some of the benefits. BUILD CIVIL SOCIETY Biomedical companies may be willing to has also been reported that he received $3.5 bankroll the work because they expect it to million from the Jain brothers, who have been pay off. Georges and Vinik say they have HON. JA~ P. MORAN charged with bribing a wide range of Indian spoken with several major firms, which have OF VIRGINIA politicians from all parties. He has apparently signed agreements to examine the research IN THE HOUSE OF REPRESENTATIVES received large sums of money from other influ­ without divulging it. Thursday, September 26, 1996 ence-seekers as well. It looks like Mr. Rao Research spending is always a bit of a wild dipped into the well of corruption too many card investment, even through school admin­ Mr. MORAN. Mr. Speaker, I am proud to times. istrators look hard at the science before they recognize Mr. Mark J. Molli of Alexandria, VA, Mr. Rao's resignation proves that journalist spend the money. for his participation in CIVITAS@Bosnia­ " I can't say, 'I have this project, and if I Rajinder Puri of the Times of India was right spend this amount of money, I'm going to Herzegovina from July 17 to July 27, 1996. when he wrote that India is "a rotten, corrupt, get this result,"' Wheeler said. "You have to This is an intensive program which prepares repressive, and anti-people system." It is that understand-that's what research is all local teachers to assist with the development system which the Sikhs of Khalistan, the Mus­ about. You're looking for new ideas.. . You of democracy in Bosnia and Herzegovina. Mr. lims of Kashmir, the Christians of Nagaland, may not discover the fountain of youth." Molli was part of a team of 18 American edu­ and so many others are trying to escape. The cators and 15 teachers from the council of Eu­ corruption and the repression are tied to­ rope who were assigned to key cities through­ gether. The State Department reported that BILL TO PRESERVE AND PROTECT out the Federation of Bosnia and Herzegovina. between 1991 and 1993, the regime paid over THE RIGHTS OF THE MICCO­ The summer training program was devel­ 41,000 cash bounties to police officers for kill­ SUKEE TRIBE oped by the Center for Civic Education as part ing Sikhs. Justice Ajit Singh Bains reports that of a major initiative in Bosnia and Herzegovina more than 50,000 Sikhs disappeared or were HON. ALCEE L HASTINGS supported by the United States Information murdered from 1992 through 1995. These OF FLORIDA Agency and the United States Department of events occurred on Mr. Rao's watch. IN THE HOUSE OF REPRESENTATIVES Education. The United States Information I am pleased that P. V. Narasimha Rao is fi­ Thursday, September 26, 1996 Service in Sarajevo provided valuable assist­ nally facing the consequences of his corrup­ ance to the program as well. The goals of the tion, but it is time that he also faced the con­ Mr. HASTINGS of Florida. Mr. Speaker, program are to help prepare students and sequences of his brutal terror campaign rise today to introduce a very important bill their communities for participation in elections against the Sikh nation. As Home Minister in which will carry out the longstanding intent of and other civic matters. Achieving this goal will 1984, Mr. Rao was the person who organized Congress in preserving and protecting the help restore a sense of community, coopera­ the Delhi massacres that killed 20,000 Sikhs. rights of Miccosukee Tribe of Indians of Flor­ tion, tolerance and support for democracy and When will he be indicted for these crimes? ida. This bill is introduced in a truly bipartisan human rights in this war torn area. In addition to its repression and corruption, fashion, with my Florida colleagues Congress­ I am also pleased to announce that the cur­ India is a country that never misses an oppor­ woman CARRIE MEEK, and Congressmen LIN­ ricular materials being used for the program in tunity to take a swipe at the United States. Al­ COLN DIAZ-BALART and DAN MILLER joining me Bosnia and Herzegovina have been adapted though it is one of the largest recipients of as original cosponsors. from the We the People * * " the Citizen and United States aid, India has a virulently anti­ This legislation allows for the good people the Constitution and the Project Citizen pro­ American voting record at the United Nations, of the Miccosukee Tribe to live in perpetuity in grams, as well as other programs supported and it is the country that single-handedly the so-called permit area of Everglades Na­ by Congress which are used in schools blocked the Comprehensive Test Ban Treaty tional Park. The Miccosukees have lived and throughout the United States. Initial reports [CTBT]. It is in America's interest to support worked for generations in this area. The rights evaluating the summer program indicate the the freedom movements in the subcontinent. of the Miccosukees are recognized by the Ev­ materials and teaching methods were enthu­ Unfortunately, the Sikhs and others continue erglades National Park Enabling Act of 1934 siastically received and can be adapted for to live under the brutal rule of a tyrannical re­ and their special use permit. use in classrooms throughout Bosnia and gime. Recent events like the detention of In 1934, the Everglades National Park Ena­ Herzegovina. American citizen Balbir Singh Dhillon and the bling Act specifically provided that rights of the Mr. Speaker, I wish to commend Mark Molli savage beating of London-based Khalistani Indians were protected. Subsequently, in for his dedication and commitment during the leader Jagjit Singh Chohan show that nothing 1962, and 1973, the tribe was guaranteed that CIVITAS@Bosnia-Herzegovina summer train­ has changed from Mr. Rao's brutal and cor­ they could build homes, schools, clinics, and ing program. His work is helping to achieve rupt rule. It is time for the United States to other tribal buildings in the 300-plus acres the overall objective of building support for de­ take a firm stand against these atrocities. We identified in their special use permit. mocracy in Bosnia and Herzegovina. must institute an embargo against Indian com­ Unfortunately, Mr. Speaker, the Park Serv­ panies and products. We must end United ice now seeks to restrict Miccosukee activites States aid to India. Finally, we must speak out on their own land-even after the tribe has FORMER INDIAN PRIME MINISTER for the freedom of Khalistan, Kashmir, complied with all Federal, States, and local INDICTED FOR CORRUPTION Nagaland, and all the others seeking their laws. The intent of this Congress in 1934 was freedom from India. Tyrants must know that to guarantee the Indians the freedom to live, HON. PHILIP M. CRANE America is on the side of freedom. work, and govern themselves as they wish in OF ILLINOIS Mr. Speaker, I insert into the RECORD the September 22, 1996, Washington Post ac­ this area, not to be governed by the National IN THE HOUSE OF REPRESENTATIVES Park Service. This bill will allow for count of the Rao resignation. Miccosukee self-government to continue. Thursday, September 26, 1996 INDIAN E X-PREMIER QUITS CONGRESS PARTY These Indians seek nothing more than what Mr. CRANE. Mr. Speaker, former Indian NEW DELHI-Former Indian prime minister we promised them when we passed the park Prime Minister P. V. Narasimha Rao resigned P .V. Narasimha Rao quit yesterday as head 25312 EXTENSIONS OF REMARKS September 26, 1996 of the Congress party after a court upheld a A few years ago, Congress recognized a care providers to ensure that all enrollees summons ordering him to appear in a crimi­ crisis in the health care industry. Expenditures may receive all covered services, including nal case. were soaring and overutilization was the rule. specialty services, on a timely basis (even in Although his party suffered a defeat in At that time, I chose to address this problem rural areas); general elections earlier this year, Rao has 2. Patients with chronic health conditions retained a say in the nation's politics by of­ with laws that prohibited physicians from mak­ must be provided with a continuity of care fering his party's crucial support to the cen­ ing unnecessary referrals to health organiza­ and access to appropriate specialists; ter-left United Front coalition government. tions or services that they owned. 3. Plans would be prohibited from requiring Rao, 75, said in a statement read at a news Others responded by pushing Americans enrollees to obtain a physician referral for conference here by Congress general sec­ into new managed care plans that switched obstetric and gynecological services. retary Devendra Dwivedi that he was not the financial incentives from a system that 4. Plans would demonstrate that enrollees with chronic diseases or who otherwise re­ guilty. overserves to a system that underserves. Earlier yesterday, a Delhi judge upheld the quire specialized services would have access They got what they asked for. The current to designated Centers of Excellence; summons ordering Rao to appear in court system rewards the most irresponsible plans September 30. Formal charges would be C. ACCESS TO EMERGENCY CARE SERVICES framed on the same day. with huge profits, outrageous executive sala­ 1. Plans would be required to cover emer­ An Indian expatriate businessman, ries, and a license to escape accountability. gency services provided by designated trau­ Lakhubhai Pathak, alleges Rao and a Hindu Unfortunately, patients are dying unnecessarily ma centers; guru conspired conspired to cheat him of in the wake of this health care delivery revolu­ 2. Plans could not require pre-authoriza­ Sl00,000 in 1983. tion. It must stop. tion for emergency medical care; Several States have already addressed the 3. A definition of emergency medical condi­ managed care crisis. In 1996, more than tion based upon a prudent layperson defini­ tion would be established to protect enroll­ THE MANAGED CARE CONSUMER 1,000 pieces of managed care legislation PROTECTION ACT OF 1996 ees from retrospective denials of legitimate flooded State legislatures. As a result, HMO claims for payment for out-or-plan services; regulations were passed in 33 States address­ 4. Plans could not deny any claim for an HON. FORTNEY PETE STARK ing issues like coverage of emergency serv­ enrollee using the "911" system to summon OF CALIFORNIA ices, utilization review, post-delivery care and emergency care. IN THE HOUSE OF REPRESENTATIVES information disclosure. Unfortunately, many D. DUE PROCESS PROTECTIONS FOR PROVIDERS Thursday, September 26, 1996 States did not pass these needed safeguards 1. Descriptive information regarding the resulting in a piecemeal web of protections plan standards for contracting with partici­ Mr. STARK. Mr. Speaker, I am pleased to that lacks continuity. The states have spoken; pating providers would be required to be dis­ introduce the Managed Care Consumer Pro­ closed; now it's time for Federal legislation to finish tection Act of 1996, a bill that will provide criti­ 2. Notification of a participating provider the job and provide consumer protections to cally needed consumer protections to millions of a decision to terminate or not to renew a all Americans. contract would be required to include rea­ of Americans in managed care health plans. The bill I offer today is a revision of an ear­ sons for termination or non-renewal. Such Health care consumers who entrust their lier bill, H.R. 1707, the Medicare Consumer notification would be required not later than lives to managed care plans have consistently Protection Act of 1995. This legislation in­ 45 days before the decision would take effect, found that many plans are more interested in cludes a comprehensive set of protections that unless the failure to terminate the contract would adversely affect the health or safety of profit than in providing appropriate care. My will force managed care plans to be account­ constituent mail has been full of horror stories a patient; able to all of their patients and to provide the 3. Plans would have to provide a mecha­ explaining the abuses that occur at the hands standard of care they deserve. nism for appeals to review termination or of HMO's and other forms of managed care. In the U.S. Congress, we have the power to non-renewal decisions. For example, David Ching of Fremont, CA put an end to abuse in managed care and E. GRIEVANCE PROCEDURES AND DEADLINES FOR had a positive experience in a Kaiser guarantee that Americans who choose man­ RESPONDING TO REQUESTS FOR COVERAGE OF Permanente plan and then joined an employer aged care get the care for which they pay. It SERVICES sponsored HMO expecting similar service. He is irresponsible to do anything less. 1. Plans would have to establish written soon learned that some plans would rather let Following is a summary of the consumer procedures for responding to complaints and patients die than authorize appropriate treat­ protections provided for in this bill. grievances in a timely manner; ment. His wife developed colon cancer, but 2. Patients will have a right to a review by MANAGED CARE CONSUMER PROTECTION ACT a grievance panel and a second review by an went undiagnosed for 3 months after the first OF 1996 independent panel in cases where the plan symptoms. Her physician refused to make the SUMMARY decision negatively impacts their health appropriate specialist referral because of fi­ l. MANAGED CARE ENROLLEE PROTECTIONS services; nancial incentives and could not discuss prop­ A. UTILIZATION REVIEW 3. Plans must have expedited processes for er treatment because of the health plan's pol­ 1. Any utilization review program that at­ review in emergency cases. icy. Mrs. Ching is now dead. tempts to regulate coverage or payment for F. NON-DISCRIMINATION AND SERVICE AREA In a similar case, Jennifer Pruitt of Oakland services must first be accredited by the Sec­ REQUIREMENTS wrote to me about her father who also had retary of Health and Human Services or an 1. In general, the service area of a plan cancer. He went to his gatekeeper primary independent, non-profit accreditation entity; serving an urban area would be an entire care physician numerous times with pain in his 2. Plans would be required to provide en­ Metropolitan Statistical Area (MSA). This rollees and physicians with a written de­ requirement could be waived only if the jaw. The doctor, who later admitted that she scription of utilization review policies, clini­ plans' proposed service area boundaries do had never treated a cancer patient, refused to cal review criteria, information sources, and not result in favorable risk selection. refer Mr. Pruitt to a specialist. Eventually, after the process used to review medical services 2. The Secretary could require some plans months of pain, a dentist sent Mr. Pruitt to a under the program; to contract with Federally-qualified health specialist outside of the HMO network. The 3. Organizations must periodically review centers (FQHCs), rural health clinics, mi­ cancer was finally diagnosed, but it had utilization review policies to guarantees con­ grant health centers, or other essential com­ sistency and compliance with current medi­ munity providers located in the service area spread too rapidly during the months that the cal standards and protocols; if the Secretary determined that such con­ health plan delayed. Mr. Pruitt died from a 4. Individuals performing utilization re­ tracts are needed in order to provide reason­ cancer that is very treatable if detected early. view could not receive financial compensa­ able access to enrollees throughout the serv­ These tragedies and others like them might tion based upon the number of certification ice area. have been avoided if the patients had known denials made; 3. Plans could not discriminate in any ac­ about the financial incentives not to treat, or if 5. Negative determinations about the medi­ tivity (including enrollment) against an in­ the physicians had not been gagged from dis­ cal necessity or appropriateness of services dividual on the basis of race, national origin, or the site of services would be required to be gender, language, socioeconomic status, age, cussing treatment options, or if there had been made by clinically-qualified personnel of the disability, health status, or anticipated need legislation forcing health plans to provide time­ same branch of medicine or specialty as the for health services. ly grievance procedures and timely access to recommending physician; G. DISCLOSURE OF PLAN INFORMATION care. It's too late for these victims, but it is not B. ASSURANCE OF ACCESS 1. Plans would provide to both prospective too late to provide these protections for the 1. Plans must have a sufficient number, and current enrollees information concern­ millions of people in managed care today. distribution and variety of qualified health ing: September 26, 1996 EXTENSIONS OF REMARKS 25313 Credentials of health service providers same as the standards developed by the NAIC from Johns Hopkins University. He was pro­ Coverage provisions and benefits including for Medicare Select Plans. Any additional ficient in six languages, and traveled exten­ premiums, deductibles, and copayments standards would be developed in consultation sively throughout the world. Loss ratios explaining the percentage of with the NAIC. Father Sauve's sudden passing was a loss premiums spent on health services 2. Medicare Select Plans would generally Prior authorization requirements and be required to meet the same requirements not only to the Jesuit world, but to all of us other service review procedures in effect for Medicare risk contractors under who appreciate learning and understanding of Covered individual satisfaction statistics section 1876. all cultures. Advance directives and organ donation in­ Community Rating We join in the sorrow of Father Sauve's sur­ formation Prior approval of marketing materials viving family, which consists of his father, Wil­ Descriptions of financial arrangements and Intermediate sanctions and civil money lard, and his brother, Dudley, and his family. contractual provisions with hospitals, utili­ penalties We also join all of Father Sauve's many stu­ zation review organizations, physicians, or 3. If the Secretary has determined that a dents whose sense of loss must be immense. any other health care service providers State has an effective program to enforce the Quality indicators including immunization standards for Medicare Select plans estab­ rates and health outcomes statistics ad­ lished by the Secretary, the State would cer­ HUMAN RIGHTS ABUSES IN EAST justed for case mix tify Medicare Select plans. TIMOR An explanation of the appeals process 4. Fee-for-service Medicare Select plans Salaries and other compensation of key ex­ would offer either the MediGap " E" plan ecutives in the organization with payment for extra billing added or the HON. TONY P. HAil Physician ownership and investment struc­ MediGap " J" plan. OF OHIO ture of the plan 5. If an HMO or competitive medical plan IN THE HOUSE OF REPRESENTATIVES A description of lawsuits filed against the (CMP) as defined under section 1876 offers Thursday, September 26, 1996 organization Medicare Select, then the benefits would be 2. Information would be disclosed in a required to be offered under the same rules Mr. HALL of Ohio. Mr. Speaker, for many standardized format specified by the Sec­ as set forth in the MediGap provisions above. years I have been deeply concerned over the retary so that enrollees could compare the Such plans would therefore have different tragedy in the former Portuguese colony of attributes of all plans within a coverage benefits than traditional MediGap plans. East Timar. I have had the privilege of meet­ area. D. ARRANGEMENTS WITH OUT OF AREA DIALYSIS ing the Roman Catholic Bishop of East Timar, H. PROTECTION OF PHYSICIAN-PATIENT SERVICES. Carlos Ximenes Belo, on several occasions. COMMUNICATIONS E. COORDINATED OPEN ENROLLMENT Bishop Belo is a most courageous figure who 1. Plans could not use any contractual 1. The Secretary would conduct an annual has ceaselessly tried to promote a peaceful agreements, written statements, or oral open enrollment period during which Medi­ solution and dialog as a way out of the 20- communication to prohibit, restrict or inter­ care beneficiaries could enroll in any year-old conflict in East Timar, which Indo­ fere with any medical communication be­ MediGap plan, Medicare Select, or an HMO nesia invaded in 1979 and where as many as tween physicians, patients, plans or state or contracting with Medicare. Each plan would federal authorities. be required to participate. a third of the population has perished. During his 13 years as apostolic adminis­ I. PATIENT ACCESS TO CLINICAL STUDIES ill. AMENDMENTS TO THE MEDICAID PROGRAM trator of the Roman Catholic Church in the In­ 1. Plans may not deny or limit coverage of A. ORIENTATION AND IMMUNIZATION donesian-occupied former Portuguese colony services furnished to an enrollee because the REQUIREMENTS enrollee is participating in an approved clin­ of East Timar, Carlos Filipe Ximenes Belo has 1. When a Medicaid beneficiary enrolls in a been a tireless advocate of peace, human ical study if the services would otherwise Medicaid HMO, the HMO must provide an have been covered outside of the study. orientation to their managed care system be­ rights, nonviolence and reconciliation in a situ­ J. MINIMUM CHILDBffiTH BENEFITS fore Medicaid payment to the HMO may ation marked by war, grim atrocities and an at­ 1. Insurers or plans that cover childbirth begin; mosphere of terror. It is worth recalling some benefits must provide for a minimum inpa­ 2. Medicaid HMOs must perform an intro­ of the details of Bishop Bela's effort. On No­ tient stay of 48 hours following vaginal deliv­ ductory medical profile as defined by the vember 12, 1991, Indonesian troops opened ery and 96 hours following a cesarean sec­ Secretary on every new enrollee before pay­ fire on a peaceful gathering of thousands of tion. ment to the HMO may begin. people at Santa Cruz cemetery in the East 2. The mother and child could be dis­ 3. When children under the age of 18 are en­ Timar capital of Dili. More than 250 were killed rolled in a Medicaid HMO, the immunization charged earlier than the proposed limits if on that day, many more were badly wounded. the attending provider, in consultation with status of the child must be determined and the mother, orders the discharge and ar­ the proper immunization schedule begun be­ The full extent of the tragedy surrounding the rangements are made for follow-up post de­ fore payment to the HMO is made. Santa Cruz events is still not widely known. livery care. Most of the victims were young people. In the immediate aftermath of the Santa II. AMENDMENTS TO THE MEDICARE PROGRAM, MEDICARE SELECT AND MEDICARE SUPPLE­ TRIBUTE TO FATHER JAMES Cruz massacre, driving his own automobile, MENTAL INSURANCE REGULATIONS. SAUVE between the hours of 9 a.m. until 2 a.m. the A. ORIENTATION AND MEDICAL PROFILE next morning, Bishop Belo gathered, in groups REQUIREMENTS HON. BENJAMIN A. GILMAN of five and six, hundreds of young people who 1. When a Medicare beneficiary enrolls in a OF NEW YORK has been at Santa Cruz cemetery the morning Medicare HMO, the HMO must provide an IN THE HOUSE OF REPRESENTATIVES of November 12 and returned them to their orientation to their managed care system be­ homes before they could meet further harm at fore Medicare payment to the HMO may Thursday, September 26, 1996 the hands of the Indonesian military. Subse­ begin; Mr. GILMAN. Mr. Speaker, I am pleased to quent reports indicate that dozens of those 2. Medicare HMOs must perform an intro­ join with my colleagues in paying tribute to an who survived the massacre at Santa Cruz ductory medical profile as defined by the outstanding American who passed away ear­ cemetery were taken away and executed by Secretary on every new enrollee before pay­ ment to the HMO may begin. lier this week. Indonesian security forces. Father James Sauve, the executive director On numerous occasions before and since, B. REQUIREMENTS FOR MEDICARE of the Association of Jesuit Colleges and Uni­ Bishop Belo has acted to deter violence. But SUPPLEMENTAL POLICIES