20224 EXTENSIONS OF REMARKS September 25, 1997 EXTENSIONS OF REMARKS

H.R. 2544, THE TECHNOLOGY ments to the patent and trademark laws, also second notice. This built-in delay of at least 5 TRANSFER COMMERCIALIZATION known as the Bayh-Dole Act of 1980, Public months, along with public notification that a ACT OF 1997 Law 96- 517. specific company is seeking the license, is a Most recently, in the past Congress, the Na­ great disincentive to commercializing on-the­ HON. CONSTANCE A. MORELLA tional Technology Transfer and Advancement shelf Government inventions. OF MARYLAND Act of 1995, Public Law 104-113, which I in­ No such requirements for public notification IN THE HOUSE OF REPRESENTATIVES troduced, was enacted into law. Public Law and filing of objections exist for licensing uni­ 104-113 amends the Stevenson-Wydler Tech­ versity patents or patents made by contractor­ Thursday, September 25, 1997 nology Innovation Act of 1980 and the Federal operated Federal laboratories. In addition, no Mrs. MORELLA. Mr. Speaker, today I am in­ Technology Transfer Act of 1986 to improve such restriction applies to companies seeking troducing H.R. 2544, the Technology Transfer U.S. competitiveness by speeding commer­ a CRADA, which now guarantees companies Commercialization Act of 1997, a bill which cialization of inventions developed through col­ the right to an exclusive field of use license. promotes technology transfer by facilitating li­ laborative agreements between the Govern­ In all the years that the statutes have been uti­ censes for federally owned inventions. ment and industry. The law also promotes lized, no evidence has arisen that the univer­ Each day research and development pro­ partnership ventures with Federal laboratories sities or contractor-operated laboratories grams at our Nation's over 700 Federal lab­ and the private sector and creates incentives abuse these authorities. The steady increase oratories produce new knowledge, processes, to laboratory personnel for new inventions. of university licensing agreements, royalties, and products. Often, technologies and tech­ As the chair of the House Science Commit­ commercialized technologies, and economic niques generated in these Federal laboratories tee's Technology Subcommittee, I am pleased benefits to the U.S. economy shows that re­ have commercial applications if further devel­ to continue this tradition of advancing tech­ moving such legal impediments is critical to oped by the industrial community. nology transfer and encouraging research and success. As a result, Federal laboratories are working development partnerships between Govern­ Changing this provision would not only closely with U.S. business, industry, and State ment and industry with the introduction of H.R. speed the commercialization of billions of dol­ and local governments to help them apply 2544, the Technology Transfer Commer­ lars of on-the-shelf technologies, it would also these new capabilities to their own particular cialization Act. H.R. 2544 seeks to remove the allow these discoveries to be effectively in­ needs. Through this technology transfer proc­ legal obstacles to effectively license federally cluded in a CRADA, which is now very difficult ess our Federal laboratories are sharing the owned inventions, created in Government­ to do. These built-in delays fundamentally ex­ benefits of our national investment in scientific owned, Government-operated laboratories, by acerbate the biggest industry complaint about progress with all segments of our society. adopting the successful Bayh-Dole Act as a dealing with the Federal Government as a It seems clear that the economic advances framework. R&D partner-it simply takes too long to com­ of the 21st century will be rooted in the re­ The bill provides parallel authorities to those plete a deal. Requiring a half-year delay to re­ search and development performed in our Na­ currently in place under the Bayh-Dole Act for ceive a license that both parties want to grant tion's laboratories. These advances are be­ licensing university or university-operated Fed­ makes no sense. coming even more dependent upon the contin­ eral laboratory inventions. This bill also Removing this restriction eliminates the last uous transfer of technology into commercial amends the Stevenson-Wydler Act, as amend­ significant legal roadblock to expediting licens­ goods and services. By spinning off and com­ ed, to allow Federal laboratories to include al­ ing and commercialization of Federally-funded mercializing federally developed technology, ready existing patented inventions into a coop­ patents. This should provide an important tool the results of our Federal research and devel­ erative research and development agreement for our economic growth if the agencies apply opment enterprise are being used today to en­ [CRADA]. this new authority aggressively. hance our Nation's ability to compete in the Thus, agencies would be provided with two While removing language requiring onerous global marketplace. important new tools for effectively commer­ public notification procedures in the current For over a decade and a half, Congress, led cializing on-the-shelf federally owned tech­ law, it is the intent of the bill that agencies will by the Science Committee has embraced the nologies-either licensing them as stand-alone continue to widely disseminate public notices importance of technology transfer to our Fed­ inventions, under the bill's revised authorities that inventions are available for licensing. eral laboratories and to our international com­ of section 209 of the Bayh-Dole Act, or includ­ Agencies should approach this in the same petitiveness. We have enacted legislation es­ ing them as part of a larger package under a manner that they are now providing notice that tablishing a system to facilitate this transfer of CRADA. In doing so, this will make both opportunities for a CRADA are available under technology to the private sector and to State mechanisms much more attractive to U.S. the Federal Technology Transfer Act, and uni­ and local governments. companies that are striving to form partner­ versities advertise available licenses under the The primary law to promote the transfer of ships with Federal laboratories. Bayh-Dole Act. technology from Federal laboratories is the Additionally, H.R. 2544 removes language In providing the appropriate notice of the Stevenson-Wydler Technology Innovation Act requiring onerous public notification proce­ availability of their technologies for licensing, I of 1980. The Stevenson-Wydler Act, Public dures in the current law, recognizing that in would expect that agencies to the greatest Law 96- 480, makes it easier to transfer tech­ partnership with Government, industry must possible use of the Internet. Electronic post­ nology from the laboratories and provides a undertake great risks and expenditures to ings provide instantaneous notice that com­ means for private sector researchers to ac­ bring new discoveries to the marketplace and mercial partners are being sought for devel­ cess laboratory developments. that in today's competitive world economy, oping Federal patents. Virtually all Federal lab­ In addition, Congress has enacted additional time-to-market commercialization is a critical oratories and universities now already use laws to foster technology transfer, including factor for successful products. Federal regula­ their Internet websites to post such notices. the Federal Technology Transfer Act of 1986, tions currently require a 3-month notification of This should be a far more effective advertising Public Law 99-502; the Omnibus Trade and the availability of an invention for exclusive li­ tool than mere publication in the Federal Reg­ Competitiveness Act of 1988, Public Law 100- censing in the Federal Register. If a company ister, especially since most small businesses 418; the National Competitiveness Technology responds by seeking to license the invention do not scan the Federal Register looking for Transfer Act of 1989, Public Law 101-189; exclusively, another notice requirement follows new technologies. and the American Technology Preeminence providing for a 60-day period for filing objec­ Mr. Speaker, the Technology Transfer Com­ Act of 1991 , Public Law 102-245, among oth­ tions. The prospective licensee is publicly mercialization Act streamlines Federal tech­ ers. In addition, Congress enacted the amend- identified along with the invention during this nology licensing procedures by removing the

• This "huller" symbol idenrifies sratements or insercions which are not spoken by a Member of the Senare on rhe floor. Marter set in this typeface indicates words inserred or appended, rarher than spoken, by a Member of the House on the floor. September 25, 1997 EXTENSIONS OF REMARKS 20225 uncertainty and delay associated with the li­ concerns that the Department's computer sys­ began on September 9, 1937, when the first censing determination process. Removing the tems are out of date, vulnerable to fraud and president, Nan Laws Woods of the Five Points roadblocks to the commercialization of Federal abuse, and inordinately expensive to run can­ Fire Co. Ladies Auxiliary, struck the first gavel research and development by industry has not be ignored. The General Accounting Of­ establishing the ladies' auxiliary of the ·Dela­ been a goal we, in Congress, have long sup­ fice , the Department's inspector general, the ware Volunteer Firemen's Association. The ported, and I would urge my colleagues to join Advisory Committee on Student Financial As­ auxiliary encompassed many of the fire com­ me in this effort. sistance, and a majority of the higher edu­ panies in Delaware and pledged their com­ cation community have all called for a funda­ bined efforts to help the firemen of Delaware mental restructuring of the way the Depart­ as well as those whose homes had been dam­ TRIBUTE TO COURT STREET ment manages the current student aid delivery aged by fire. Organized efforts included con ­ SCHOOL system. Yet incredulously, the Department tributions to burn centers, food , and clothing to seems to think that it is on the road to becom­ burn victims as well as financial support. HON. MICHAEL PAPPAS ing the Microsoft of the higher education com­ During the war years, the auxiliary assisted OF NEW JERSEY munity, at least that was the opinion of one the Red Cross by sending Christmas pack­ IN THE HOUSE OF REPRESENTATIVES senior Department of Education official at a ages to soldiers. The members also encour­ aged the purchase of war bonds. Returning to Thursday , September 25, 1997 hearing before Mr. McKEON's subcommittee. It's time to stop talking about delivery sys­ peacetime, the auxiliary focused on fund rais­ Mr. PAPPAS. Mr. Speaker, I rise today to tem improvements and system integration and° ing efforts to assist local fire companies. call attention to an open house celebration for to start doing something about it. Last year, Throughout their years. of service, tire9 fire­ the Court Street School Education Community students and parents suffered through horren­ fighters have come to rely on the meals and Center, Inc. [CSSECC] in Freehold, NJ. dous processing delays when the Federal stu­ beverages served by the auxiliary during fires The Court Street School was established in dent aid application processing system failed. and emergencies. When the gavel falls to 1915 for the sole purpose of educating the Af­ Earlier this year, students wishing to consoli­ open the 60th annual meeting in Rehoboth rican-American children in the area. The date their student loans submitted applications Beach, it is fitting that Mrs. Barbara Lewis, the school remained open until 1974. In April only to encounter lengthy delays in proc­ current president will preside. President Lewis 1990, the CSSECC began the planning and essing. Now students wishing to consolidate is also from the Five Points Fire Co. , the renovation of the school. Now, the CSSECC is their student loans are told not to bother ap­ home of the Mrs. Nan Woods. ready to open the doors of this historical land­ plying, since the Department has shut down I offer my congratulations not only as a mark for the entire Freehold community to the entire processing system . And just last Member of the House of Representatives but see. This new community center will provide week, our colleague, Representative HORN, as a former Governor who appreciates the needed programs and support to area youth chairman of the Subcommittee on Government leadership, teamwork and commitment of this and their families. Management, Information and Technology, association in their service to the people of Community centers, like the one in Free­ gave the Department a failing grade for its ef­ Delaware. I wish them many more years of hold, are important infrastructures that help fa­ forts to address the year 2000 computer success in their endeavors as they continue to cilitate a stronger, compassionate community. changes needed to keep the financial aid sys­ assist volunteer fire and emergency services It is in this spirit that the CSSECC has stated tems running after the Office of Management throughout Delaware. its mission: "To inspire hope in our children and Budget included the Education Depart­ with a team of parents, teachers, volunteers, ment on its list of troubled agencies. Less than and CSSECC support staff, singularly dedi­ TRIBUTE TO " THE BIG HELP" 2 months ago, in testimony at our system NICKELODEON PROGRAM cated to instill in each child the belief that he modernization hearing, a Department official or she is a unique gift of perfect love." stated "I would probably disagree if you say Mr. Speaker, it is my honor to announce the there are major bugs or problems because we HON. JAMES E. CLYBURN OF SOUTH CAROLINA Open House Celebration for the new Court have been able to continue to keep the trains IN THE HOUSE OF REPRESENTATIVES Street School Education Community Center on running." Well, the train just stopped and it's Saturday, September 27, 1997. the students who suffer as a result of the poor Thurs day, September 25, 1997 system management structure currently in Mr. CLYBURN. Mr. Speaker, this year, the place at the Department. Presidents' Summit for America's Future SUPPORT OF THE 21ST CENTURY It's clear to me and the others here with us brought well-deserved attention to volunteers S'rUDENT FINANCIAL AID SYS­ today that it is time to try a new approach. and volunteer programs throughout the coun­ TEM IMPROVEMENT ACT OF 1997 The bill that Mr. MCKEON has put together try. gets things moving in the rights direction. I sin­ Six months later, a number of news organi­ HON. WILLIAM F. GOODLING cerely hope that the Department of Education zations are reviewing the results the summit OF PENNSYLVANIA sees this effort as a positive step forward brought about in corporate America. One vol­ IN THE HOUSE OF REPRESENTATIVES which will benefit students, parents, and insti­ unteer initiative that is especially int~resting to Thursday, September 25 , 1997 tutions of higher education across the country. me is Nickelodeon's "The Big Help." This is a volunteer program that began 4 years ago and Mr. GOODLING. Mr. Speaker, I rise today in focuses on motivating and inspiring kids aged strong support of the leadership efforts of Mr. SIXTY YEARS OF SERVICE: THE 6 to 14 to volunteer. MCKEON in moving the Department's manage­ LADIES' AUXILIARY OF THE "The Big Help" distinguishes itself because ment of the student aid delivery system into DELAWARE VOLUNTEER FIRE­ it involves not only Nickelodeon's corporate the 21st century. After 18 hearings on the up­ MEN'S ASSOCIATION pledge to the summit, but also young Nickel­ coming authorization of the Higher Education odeon watchers' pledges to volunteer annu­ Act, it is safe to say that there is a clear con­ HON. MICHAEL N. CASTLE ally. This program is effective because it sensus on the need for improved management OF DELAWARE teaches children at an early age the value of of the student aid delivery system , except in IN THE HOUSE OF REP RESENTATIVES giving back to their communities. the minds of the people currently managing As part of its public responsibility, Nickel­ those systems. Thursday, September 25, 1997 odeon created "The Big Help"; in 1994 after Currently, the Department of Education has Mr. CASTLE. Mr. Speaker, I rise to salute their research discovered that kids wanted to a dozen or so computer systems and con­ and pay tribute to an outstanding and caring help make the world a better place, they just tracts which aid in the delivery of more than volunteer association in the State of Delaware. didn't know how. Combining on-air messaging, $40 billion in student financial aid every year. The Ladies Auxiliary of the Delaware Volun­ school and community outreach, and partner­ Timely delivery of these funds are vital to en­ teer Firemen's Association. ships with 23 national volunteer organizations, suring that every American has the ability to This weekend, the ladies auxiliary will cele­ "The Big Help" provides kids with tools to ac­ pursue a postsecondary education. We all rec­ brate its 60th year of service to the citizens of tively volunteer and participate in real helping ognize that this is no small task. However, the the First State. Their history of volunteerism activities. 20226 EXTENSIONS OF REMARKS S eptember 25, 1997 This Sunday, September 28, Nickelodeon is ing and educating Ohio residents about an U.S. ARMY RESEARCH LABORA­ inviting Members of Congress and their fami­ issue that has statewide and national implica­ T ORY ANNOUNCE S SCIENCE AND lies to a celebration of kid volunteerism and tions for all Americans. The costs of lawsuit TECHNOL OGY ACADEMIC REC­ "The Big Help." This event will also showcase abuse can include higher costs for consumer OGNITION SYSTEM [STARS] FEL­ Nick, Jr., Nickelodeon's award-winning pre­ products and services, higher medical ex­ L OWS school programming block, and its new online penses, greater taxes, and fewer jobs due to offerings including "nick.com" and "teach­ lost business expansion and foregone product HON. WILLIAM (BILL) CLAY ers.nick.com," the Internet component to Nick­ development. This is not a new concern for OF MISSOURI elodeon's "Cable-in-the-Classroom" programs. many of us in the House of Representatives, IN THE HOUSE OF REPRESENTATIVES In addition to dedicating 1 O percent of its but one which must be addressed. Thursday, Sep tember 25 , 1997 airtime to "The Big Help," Nickelodeon also OCALA wants to help prevent unnecessary provides substantial off-channel resources for lawsuits that do more harm than good and Mr. CLAY. Mr. Speaker, recently, Dr. John outreach, including curriculum for elementary bring balance, fairness, responsibility, and re­ Lyons, Director, U.S. Army Research Labora­ and middle schools and volunteer planning straint to our court system. OCALA supporters tory [ARL] announced the first recipients of kits. In 1996, during the third annual "Big believe that through education, there will be ARL's Science and Technology Academic Help-a-Thon," over million kids called in 8.5 change in public understanding, attitudes, and Recognition System [STARS] fellowships for and pledged over million hours to making 92 behavior, and they have the opportunity to students enrolled in historically black colleges a difference in their communities. play a vital role in reforming the legal system. and universities and other minority institutions. To further reach kids on a grassroots level, I am pleased to congratulate this year's recipi­ Nickelodeon will kick-off "The Big Help-on-the­ This nonprofit grassroots organization has raised local funds to run educational media ents: LaDonna Nettles from Gautier, MS, Road ," this Sunday in Washington. This mo­ Makeda Smith from Birmingham, AL, and bile Big Help headquarters features video­ announcements and provide speakers for other organizations and citizens' groups Theodore Anthony from Baltimore, MD. Both based interactive kiosks, on-site volunteer ac­ Ms. Nettles and Ms. Smith are students at Xa­ tivities, and information about local volunteer across the State. They hope these actions will raise awareness of the lawsuit abuse issue vier University and Mr. Anthony is a student at opportunities. "The Big Help-on-the-Road" will Morgan State University. travel to local communities across the coun­ and help legislators arrive at fair and equitable legislative solutions. The ST AAS initiative is designed to in­ try-urban and rural , large and small-to crease the number of minority scientists and champion the spirit of kid's voluntarism. Gov. George Voinovich has declared Sep­ engineers as we enter the millennium. It pro­ I hope you will join me in saluting Nickel­ tember 22- 27 as Lawsuit Abuse Awareness vides tuition and expenses for the senior un­ odeon and its partner organizations in "The Week throughout the State of Ohio. I want to dergraduate year and 2 years of graduate Big Help." These include: 4-H , American commend all the individuals who are involved school. STARS awards can total $100,000 Camping Association, The American Humane in Ohio Citizens Against Lawsuit Abuse for each of the 3 years. Information about the pro­ Association, Big Brothers/Big Sisters of Amer­ their dedication and commitment. They are gram may be obtained by writing: Betty Irby, ica, Boys and Girls Clubs of America, the helping elected Federal and State officials ad­ Senior Analyst of ARL, U.S. Army Research Caption Center, Earth Force, Easter Seals, dress serious issues. I commend their work on Laboratory, 2800 Power Mill Road , Adelphi , Feed the Children, Girl Scouts of the USA, behalf of our State. MD 20783, ATIN: AMSRL-SP. I encourage Girls Inc., Habitat for Humanity, Keep America all interested parties to learn more about this Beautiful, National P .T.A., National Wildlife valuable program. Federation, Points of Light Foundation, Ronald McDonald Charities, Safe America Founda­ TRIBUTE TO VIRGIL MURPHY tion, Second Harvest, The U.S. Department of Education, Youth Service America, YMCA of THE CREDIT UNION AUDIT the USA, and YWCA of the USA. HON. JAY W. JOHNSON IMPROVEMENT ACT I'd like to commend Herb Scannell, presi­ OF WISCONSIN dent of Nickelodeon, for his corporate leader­ HON. BILL McCOLLUM IN THE HOUSE OF REPRESENTATIVES ship and commitment to empowering kids to OF FLORIDA make a difference. I would also like to com­ Thursday, September 25 , 1997 IN THE HOUSE OF REPRESENTATIVES mend Marva Smalls, senior vice president at Nickelodeon, and a constituent of mine, for or­ Mr. JOHNSON of Wisconsin. Mr. Speaker, I Thursday, September 25, 1997 ganizing "The Big Help" program. rise today to pay tribute to Virgil Murphy, an Mr. MCCOLLUM. Mr. Speaker, I rise today Finally, I would like to salute the millions of honored leader and public servant from Bowl­ in support of legislation, the Credit Union Audit kids across the country who are volunteering er, WI. Improvement Act of 1997, I am introducing their time and efforts to make their world a Virgil is currently the president of the Stock­ with my colleague, Mr. BACHUS of Alabama. better place. They should serve as an exam­ bridge-Munsee Band of Mohican Indians in As Members of this body know, our Nation's ple to all of us. northeast Wisconsin and he is retiring at the insured credit unions are a vital part of our fi­ age of 77, after a lifetime of service and nancial services system. Therefore, the accu­ racy of their financial records is of utmost im­ OHIO CITIZENS AGAINST LAWS UIT achievement. He is a stalwart fixture in the ABUSE community, having held the positions of vice portance. It is important to the people trusting president, tribal treasurer, tribal council mem­ their money with these institutions, to the reg­ HON. PAULE. GILLMOR ber, housing director, and chairman of the Mo­ ulators doing their job and to the taxpayers hican Elderly Steering Committee. who actually ensure these institutions. · OF OHIO It is with this in mind that I introduce the Even in retirement, Virgil will continue to be IN THE HOUSE OF REP RESENTATIVES Credit Union Audit Improvement Act. My legis­ an honored elder and his advice and leader­ Thursday, September 25, 1997 lation would do several things. It would amend ship will be relied upon for the tribe's future Mr. GILLMOR. Mr. Speaker, I rise today to endeavors. · the Federal Credit Union Act [the act] to re­ acknowledge a group of Ohioans who have quire each federally insured Federal and State come together to speak out on the issue of His concern for the tribe's economic well­ credit union to: prepare financial statements in lawsuit abuse. Because of their ongoing con­ being and unity is well-known. His devotion for accordance with generally accepted account­ cern, local citizens have volunteered their time his family is plain to all who know him . His ing principles [GAAP] and to have an inde­ to organize Ohio Citizens Against Lawsuit service to his tribe and to his country as a pendent audit performed by an independent li­ Abuse [OCALA] and to undertake a public U.S. Army veteran will always be remem ­ censed accountant in accordance with gen­ awareness campaign about what they per­ bered. erally accepted auditing standards [GAAS]; ceive as the problems of lawsuit abuse. Please join me in thanking Virgil Murphy for prepare an annual written assertion about the Based in Columbus, Ohio Citizens Against his years and years of dedication and wishing effectiveness of the credit union's internal con­ Lawsuit Abuse focuses their efforts in inform- him the best in the future. trols over financial reporting; obtain a written September 25, 1997 EXTENSIONS OF REMARKS 20227 report-or attestation report-from an inde­ audits performed by licensed professionals. REUTER whose forebears also hailed from Aus­ pendent licensed accountant regarding man­ When asked why, the purpose was clear: fidu­ tria. agement's report on internal controls; and pre­ ciary reasons. The supervisory committees I urge my colleagues, by way of acknowl­ pare an annual written assertion about the have an obligation to their depositors to en­ edging their contributions to America, and of­ credit union's compliance with specified laws sure that the credit union is properly audited fering our thanks and congratulations to our and regulations. since an audit can pick up things that even the friends and fellow citizens of Austrian heritage, Under the legislation, the National Credit most thorough NCUA examination would not. to adopt this measure. Union Administration [NCUA] would be able to But credit union managers are not alone in exempt smaller credit unions with less than their thoughts. The GAO also recommended $1 O million in assets. The bill would also spe­ that credit unions above a minimum size THE PROSTATE CANCER cifically require credit unions to engage only should be required to obtain annual inde­ RESEARCH STAMP ACT those external persons who meet applicable pendent certified public accountant audits and state licensing requirements to perform serv­ to make annual management reports in inter­ HON. SHERROD BROWN ices subject to these requirements. nal controls and compliance with laws and OF OHIO This legislation is in response to a final rul­ regulations in a 1991 report. In 1993, the IN THE HOUSE OF REPRESENTATIVES ing by the NCUA on financial audits of credit NCUA itself proposed requiring credit unions Thursday, September 25, 1997 unions. The final rule, effective December 31, with more than $50 million in assets to obtain 1996, allows compensated, nonlicensed per­ annual independent audits of their financial Mr. BROWN of Ohio. Mr. Speaker, today, I sons to audit a credit union's financial informa­ statements. The NCUA not only cited the 1991 am proud to introduce the Prostate Cancer tion and internal controls. This is in direct con­ GAO report, but it also said that the require­ Research Stamp Act. This legislation would travention to most State accountancy statutes, ment was necessary due to the increasing authorize a special first class stamp to be which require auditors to be licensed. Several complexity of credit unions' financial state­ priced at up to 8 cents above the cost of nor­ State boards of accountancy, including the ments. This proposal was modified into to­ mal first-class postage. The additional money one in my home State of Florida, have written day's form due to pressure from the industry. from this voluntary purchase would be ear­ in protest of this rule. Florida State law states In response to my request for comment on marked for prostate cancer research. that only certified public accountants can at­ this bill, the NCUA gave several reasons, Earlier this year, 422 Members of the House test as an expert in accountancy to the reli­ none satisfactory in my opinion, why unli­ voted for similar legislation to increase funding ability or fairness of presentation of financial censed people should be allowed to perform for breast cancer research by allowing Ameri­ information. The NCUA, in response to several audits outside of GAAP standards. Among cans to voluntarily purchase specially issued States' inquiries, has made clear its intention them, it was pointed out that the NCUA would U.S. postal stamps. My legislation would ex­ to preempt these State laws, support a credit like to preserve the occasional GAAP/RAP dif­ tend this effort to helping the hundreds of union's right to hire anyone it deems qualified ferences. RAP standards proved ineffective thousands of men who suffer from prostate to perform the audit. This seems odd-after long ago, most notably in the savings and loan cancer. all, who is going to be a better judge of who failures. Elimination of RAP standards alone More than 334,000 American men will be di­ is qualified? A credit union supervisory board may be a good enough argument for this bill. agnosed with prostate cancer in 1997, making made up of volunteers who may or may not The bottom line, Mr. Speaker, is that we it the most commonly diagnosed form of can­ have any background in financial statements cannot allow nonlicensed persons to do exter­ cer in the United States. More than 41,000 or the State accountancy boards? nal auditing at insured credit unions. After all, men will die from the disease this year. De­ Frankly, Mr. Speaker, I was a bit surprised what's the point if they do not provide the reli­ spite these staggering statistics, prostate can­ to learn that the act lacks clear objectives and ability that one performed by a licensed indi­ cer has received a fraction of the resources standards for audits and external auditors. The vidual? There is no good reason why we dedicated to other forms of cancer. The Pros­ safety and soundness of untold numbers of should not ensure that credit union audits are tate Cancer Research Stamp Act would sup­ credit unions-and therefore their insurance­ as reliable as possible. I urge my colleagues port research into the prevention, detection, could be jeopardized if credit union manage­ to support this legislation. and early diagnosis of this deadly disease. I ment and regulators do not have a reliable fi­ hope you will join me in this effort. nancial picture. Section 115 of the act says only that each Federal credit union's super­ RECOGNIZING IMPORTANT CON­ visory committee shall make or cause to be TRIBUTIONS MADE BY AMERI­ TRIBUTE TO FRANK HOLMGREN made an annual audit. NCUA rules require­ CANS OF AUSTRIAN HERITAGE in substance, though not in form-an audit of HON. MICHAEL PAPPAS SPEECH OF financial statements. But what does not make OF NEW JERSEY sense is that the audit does not have to be HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES based on professional auditing standards fol­ OF NEW YORK Thursday, September 25, 1997 lowed by independent professional auditors. IN THE HOUSE OF REPRESENTATIVES This makes no sense. I believe that such an Mr. PAPPAS. Mr. Speaker, fifty-five years audit should be performed only by inde­ Wednesday, September 24, 1997 ago, we were engaged in a terrible conflict pendent licensed professional public account­ Mr. GILMAN. Mr. Speaker, I want to com­ that cost over 250,000 American lives. The ants as virtually every State accountancy stat­ mend the gentleman from Nebraska [Mr. BE­ service and dedication of our Nation's World ute requires. Audits are important to ensure REUTER] for introducing this resolution which War II service men and women laid the cor­ that financial data used by a credit union's pays fitting tribute to our many outstanding nerstones to the greatness our Nation experi- members and by Federal and State regulators citizens who take pride in their Austrian herit­ ences today. · are reliable as well as to identify potential con­ age. In order to highlight the very close ties Today, I would like to call attention to one trol weaknesses. But the audit loses its effec­ between Austria and this country, Austrian of the heroic Americans who fought in this tiveness when not performed according to the President Dr. Thomas Klestil has taken an ini­ war. On Friday, September 26, 1997, the rigors of professional standards by persons tiative through the Austrian-American commu­ Eatontown Elks Lodge No. 2402 will be hold­ who have had to demonstrate their com­ nity to observe Austrian-American Day on ing a testimonial dinner honoring Frank petence and independence in auditing. September 26, 1997. This is an initiative which Holmgren at Gibbs Hall at Fort Monmouth, NJ. Allowing nonlicensed individuals to perform I believe we can all support. Mr. Holmgren, retired from the U.S. Navy, is audits poses a direct threat to the public inter­ This resolution reminds us that we should one of two surviving crew members of the est by legitimizing work that is inadequate, be thankful for the many contributions made to U.S.S. Juneau, a light cruiser that played an lacks uniformity, and is void of definitive stand- this country by such great Americans as Jo­ integral part in the war. ards. · seph Pulitzer, Felix Frankfurter, Arthur Burns, The U.S.S. Juneau was commissioned on Mr. Speaker, I am not alone in believing Billy Wilder, and Arnold Schwarzenegger all of February 14, 1942, under the command of this. When talking to credit union managers, I whom are of Austrian descent. I should add to Capt. Lyman K. Swanson. After a valiant effort was told that many credit unions already have this list our distinguished colleague DOUG BE- at the Battle of Santa Cruz, the ship and Mr. 20228 EXTENSIONS OF REMARKS September 25, 1997 Holmgren were then sent to protect transports IN SUPPORT OF THE E MERGENCY Such information problems do not stop and cargo vessels at Guadalcanal. After being STUDENT LOAN CONS OLIDATION those in the private sector. Many banks and struck by a torpedo to the port side by enemy ACT OF 1997 Sallie Mae experience these problems as well, aircraft, the U.S.S. Juneau and her crew con­ yet their financial services and systems exper­ tinued to fight enemy planes and Japanese HON. WILLIAM F. GOODLING tise allows them to process loan consolida­ ships at close range. At 1100 hours, Novem­ OF PENNSYLVANIA tions in a timely fashion. The Department stat­ ber 13, 1942, three torpedoes were fired from IN THE HOUSE OF REPRESENTATIVES ed three major problems which have caused a a Japanese submarine toward the U.S.S. Ju­ Thursday, September 25, 1997 huge backlog of consolidation loans: Inherent neau. She managed to avoid the first two, but complexity of student loan consolidation; High­ the third struck the hull in the same place the Mr. GOODLING. Mr. Speaker, I rise today in er volume than anticipated; and Transition first one from the plane did. The U.S.S. Ju­ strong support of the Emergency Student from one contractor to another. neau, in a terrible explosion, broke in two and Loan Consolidation Act of 1997. I appreciate the leadership efforts of our colleague from I agree that the inherent complexity of the sank within 20 seconds. Of 700 heroic crew student loan program and running a financial members, only 1O survived, and 1 of those California, Mr. MCKEON , in moving this vital legislation forward. I would also like to recog­ program larger than Citibank is tremendously was Frank Holmgren. I stand here today to difficult. I have been repeatedly pointing this honor Frank Holmgren, as well as those who nize the efforts of our colleague from Ohio on this issue, Mr. BOEHNER. out since 1991 when direct lending first came did not escape the U.S.S. Juneau, for their un­ As my committee moves forward with updat­ under consideration, and it's been my greatest selfish, dauntless courage under fire, for which ing and improving the Higher Education Act, concern with the Federal Government taking we are forever grateful. our goals are: Making higher education more on such a huge task, particularly when there Mr. Speaker, it is sailors of the U.S.S. Ju­ affordable, simplifying the student aid system, are private organizations already doing the neau and specifically men like Mr. Holmgren and stressing academic quality. job. that epitomize the endurance and persever­ Today, we are faced with a crisis in the con­ For example, I vividly recall pointing out ance of the American people. We must never solidation of direct student loans. Unfortu­ these concerns to my colleagues on the floor forget the valiant efforts of our wartime vet­ nately, it dramatically points out the difficulties of the House in May 1993, as we considered erans and those who have made the supreme we will face as we try to move our system of a move to abandon the guaranteed loan pro­ sacrifice. Our Nation owes these veterans the financial aid into the 21st century. gram as part of the 1993 budget reconciliation greatest degree of gratitude. It is my great For direct loan borrowers, the situation is bill. In my floor statement at that time I said: privilege to acknowledge Mr. Holmgren and bleak. Earlier this year, students wishing to I have serious doubts over wheth er or not the great service he has made to our country. consolidate these loans submitted applications the Department of Education can efficiently only to face lengthy delays in processing. Now manage th is program. If they fail t o run 1t students wishing to consolidate these loans properly, and all of the evidence suggests t he are told not to bother, as the Department has Departm ent will not suddenly develop the CONGRATULATIONS ON THE 77TH shut down the entire processing system . administrative finesse that they have lacked ANNIVERSARY OF THE DELA­ The Department claims that this action was for so long, it will be students and schools WARE VOLUNTEER FIRE MEN'S taken to ensure that its current consolidation that w ill suffer. ASSOCIATION customers would receive proper service. How­ Incidentally, while I've been critical of direct ever, the Department's direct loan consolida­ lending, I may have given the Department too HON. MICHAEL N. CASTLE tion contractor is currently facing a backlog of much credit. I have always felt that it would be 84,000 applications, and as we heard in testi­ easy for the Department to give money out. OF DELAWARE mony on the direct loan consolidation process However, I've been worried that it would be IN T HE HOUSE OF REPRESENTATIVES last week, a process which should take 8 to difficult to collect it. Now it appears that giving 12 weeks to complete is actually taking 8 to the money out is proving to be tremendously Thursday, September 25 , 1997 12 months. difficult where consolidation loans are con­ I want to take a moment to look at this. Mr. CASTLE. Mr. Speaker, I rise today to cerned. There seems to be a disconnect between the pay tribute to the fine work of an outstanding, Second, it's too late to complain about high­ Department's evaluation of their performance dedicated, and caring group of Delawareans: er volume than anticipated. The Department and the customer's view of the Department's The Delaware Volunteer Fireman's Associa­ from day one has been actively promoting the service. Last week we went back and re­ tion. For myself, and on behalf of the citizens viewed the statements made by the Depart­ benefits of direct loan consolidation. They of the First State, I would like to thank them ment before Mr. McKEON'S subcommittee in should have anticipated high volume and been for their tireless service. hearings on the Higher Education Act. The able to handle such volume, or they should This weekend in Rehoboth Beach, fire­ Department referred to itself as the Microsoft have refrained from the marketing blitz they fighters from all across Delaware will gather and Citibank of higher education. Dr. conducted. and celebrate their 77 years of outstanding Longanecker said "the Direct Loan Program Last, the transition from one contractor to leadership and unselfish devotion to their com­ provides a simpler, more automated, and another is a poor excuse. At the time of the munities and State. These dedicated men and more accountable system to borrowers * * * transfer one year ago, the new contractor women train in preventing and fighting fires students have witnessed the development of a should have been required to provide its ability and perform emergency medical services for level of customer service not previously expe­ to manage the consolidation program before our citizens. It is because of this training and rienced in financial aid delivery." Well , at least ever receiving the monetary benefits of a Fed­ commitment that Delaware's volunteer fire and one student who testified at our recent hearing eral contract. emergency medical services are ranked as described the Department's customer service On September 11 there was an article in one of the best in the country. This type of as "beset by chronic mistakes which range Education daily related to this problem which commitment to public service is uncommon from incompetence to malfeasance." I found revealing. It is entitled, "Student Loan among individuals. I've also noticed that there appears to be a Checks Really Are in the Mail." It describes I commend these volunteers for their exem­ good deal of time spent finger pointing by the some of the problems the Department has plary record of public and community assist­ Department. They seem to be looking for oth­ created for the lending community. In this ance. They are truly a model for all of us who ers to blame. Blame was being placed by the case, Southwest Student Services Corp. re­ serve in public life. Their commitment to the Department with students and bankers for the ceived 4,300 loan payoff checks from the De­ cause of volunteer firefighters will find a per­ problems with loan consolidation. "A delay by partment of Education on one day. Most dis­ manent place in the Delaware volunteer fire any of these parties in submitting information turbing is that each check was sent in a single service history. As the Delaware Volunteer required for consolidation or erroneous, incom­ envelop-and some of the checks were re­ Fireman's Association and Ladies Auxiliary plete, or late information from any one of portedly as small as 7 cents. In these cases, gather to celebrate its 77th anniversary of these parties results in additional time needed the cost of issuing and mailing a check must leadership and service, I hope they will realize to complete the consolidation," was one re­ exceed the value of the check by 5 or 600 how deeply their efforts are appreciated sponse received from the Department. percent. September 25, 1997 EXTENSIONS OF REMARKS 20229 Additionally, I would note a letter from the SISTER HARRIET OF CORTLAND enhanced in 1801 when Col. Return Jonathan Student Loan Fund of Idaho Marketing Asso­ NAMED NATIONAL DISTIN- Meigs was appointed to be military agent for ciation. They received 41 checks from the De­ GUISHED PRINCIPAL Federal troops in Tennessee and principal partment. Of that number, only five were accu­ agent to the Cherokee Nation. rate payoff amounts. That's an error rate of HON. JAMFS. T. WlliH In 1807 the garrison was removed farther into the Indian territory, and Fort Southwest over 88 percent. Clearly performance is not at OF NEW YORK Point served as a supply depot for other forts a level that is even minimally acceptable. This IN THE HOUSE OF REPRESENTATIVES presents some very major concerns. With the until about 1812. Thursday, September 25, 1997 Department sending out tens of thousands of Archeological work at this site began in checks, how can we tolerate error rates that Mr. WALSH. Mr. Speaker, today I ask my 1974 when crews from the University of Ten­ nessee began to uncover·the site of the origi­ are as high as almost 90 percent? How can colleagues to join me in congratulating Sister nal fort. In 1984 a cooperative endeavor be­ this program be audited by the Inspector Gen­ Harriet L. Hamilton of Cortland, NY, on the oc­ tween the Department of Conservation and eral? casion of being named one of the National Distinguished Principals for 1997. the city of Kingston, owner of the site, contin­ The Inspector General's testimony last week Sister Harriet is principal of St. Mary's ued the investigation, and began to rebuild the makes clear that most of the fault for the School in Cortland. She will be honored with fort on its original foundations. Now the fort is delays and the problems with the financial ac­ the other recipients September 25 and 26 open as a museum staffed by city-employed curacy of the Department's payment trans­ here in Washington at a ceremony sponsored agents and volunteers. Work continues on the actions lies with a misplaced reliance on tech­ by the nominators, the Private School Recipi­ research and rebuilding and many historically nology. Misplaced confidence seems to per­ ents Selection Committee. and militarily oriented events take place there. vade the Department's contracting for student Other honorees include representatives from Currently celebrations are in order for the aid delivery systems. We need only remember each State, the District of Columbia, and the commemoration of Fort Southwest Point's the electronic imaging debacle of 2 years ago Departments of Defense and State overseas 200th birthday. when the Department contracted for electronic schools. imaging of the FAFSA. The mistakes made Sister Harriet is the kind of inspirational, lov­ INTRODUCTION OF LEGISLATION with that contract caused more than 1 million ing educator who wears many hats. She is an students to be delayed in making their college administrator, cafeteria monitor, custodian, HON. GERALD D. KLECZKA decisions. bookkeeper, medic, and counselor. OF WISCONSIN She responds nurturingly to students' hugs. Mr. Speaker, the Department of Education IN THE HOUSE OF REPRESENTATIVES is clearly undergoing a severe crisis in man­ On snowy days she is there to take calls from Thursday, September 25, 1997 agement. These problems are hurting stu­ parents who want to know if school will be dents, former students, and parents. Later in open. When parents cannot pick up their chil­ Mr. KLECZKA. Mr. Speaker, today I am in­ this Congress, the Gentleman from California, dren at school, Sister Harriet drives them troducing legislation which would adjust the Mr. MCKEON and I will undertake a concerted home. rules for deducting military separation pay effort to fix those problems. However, in the Sister Harriet has a special gift for moti­ amounts from veterans' disability compensa­ near term it is absolutely essential that we vating volunteers. She is an educator, friend, tion. The National Defense Authorization Act for allow student loan borrowers with direct loans civic leader, and a woman of great faith in fiscal year 1997-Public Law 104-201-re­ to consolidate those loans and reduce their God. I applaud the decision to award her this duced the required offset by the amount of monthly payments. great honor. And I want to publicly state that Sister Harriet is the kind of selfless individual Federal income tax withheld from separation The legislation we are introducing today will who makes America the great country it is. pay for payments received after September allow that, and it will accomplish it without any 30, 1996. My legislation would make the tax increased costs to the borrower. It will: Allow withholding provision retroactive to include all borrowers with direct loans to consolidate FORT SOUTHWEST POINT'S 200TH payments to those who were separated from them immediately, rather than having to wait ANNIVERSARY the military after December 31, 1993. months for the Department and its contractor This bill would reduce the offset between to sort out their difficulties; Allow students to HON. ZACH WAMP veterans' disability compensation and certain retain their interest subsidy benefits on all sub­ OF TENNESSEE bonus payments for early retirement received by former members of the military services. It sidized loans included in the consolidation IN THE HOUSE OF REPRESENTATIVES loan as is currently allowed in the direct loan is important that we correct this inequity in the program but · not the FFEL Program; and pro­ Thursday, September 25, 1997 law that unfairly penalizes many of our Na­ vide students with the interest rate currently Mr. WAMP. Mr. Speaker, I rise to bring the tion's veterans' who have served their country applicable to direct consolidation loans-T­ House's attention to the 200th year celebration honorably. bill+3.1 percent capped at 8.25 percent­ of Fort Southwest Point, located in Kingston, I urge my colleagues to join me in cospon­ the FFEL rate is the weighted average of the TN, on Oct. 5, 1997. soring this legislation. loans consolidated rounded up to the nearest Military activities at Southwest Point began whole percent. in 1792 with the establishment of a block­ ABERDEEN, MD, VOTED AN ALL­ This legislation is revenue neutral and the house post for territorial militia troops under AMERICAN CITY BY THE NA­ the command of Gen. John Sevier who later right thing to do. Incidentally, there are some TIONAL CIVIC LEAGUE became the first Governor of Tennessee. Dur­ bureaucrats at the Department of Education, ing the 1790's, most of the many settlers trav­ or at the Office of Management and Budget, eling to the Nashville area passed Southwest HON. ROBERT L. EHRLICH, JR. or at the White House, who will complain Point, and parties of such travelers were often OF MARYLAND about the $25 million cost of this legislation accompanied along the Cumberland Road by IN THE HOUSE OF REPRESENTATIVES being paid by reducing the mandatory admin­ guards supplied from the militia post. Thursday, September 25, 1997 istrative funds for the direct loan program. I Subsiding hostilities with the Indians contrib­ would remind them that students are suffering Mr. EHRLICH. Mr. Speaker, it is my great uted to a change in the role played by South­ privilege and honor to recognize a quiet town in the program they promoted with these west Point and by 1797 the militia had been in the Second Congressional District that has funds, that obviously the money they have for replaced by Federal troops under the com­ been singled out for a tremendous honor. administration has not been wisely spent to mand of Lt. Col. Thomas Butler. From this The town of Aberdeen, MD, is probably best date, and that fixing this problem is the right point until the removal period, the Federal known for two things: .being the home town of thing to do. troops preserved the peace primarily by pre­ Cal Ripken, Jr., and the location of Aberdeen I strongly urge my colleagues to support us venting illegal settlers on the remaining Cher­ Proving Ground-one of the best military in­ in this effort, and to cosponsor the Emergency okee lands. Fort Southwest Point's role in the stallations in the Nation. This summer, Aber­ Student Loan Consolidation Act of 1997. peaceful coexistence with the Cherokees was deen received another distinction that will 20230 EXTENSIONS OF REMARKS September 25, 1997 bring it additional notoriety in the future: it was of staff services for these· organizations. He IN RECOGNITION OF MABEL named 1 of 1O "All-American Cities" by the also assisted in the formulation of important ZIRKLE AND JOHN IRVIN National Civic League. regulatory changes in the California Adminis­ Each year, NCL selects 1O Ameri cans cities trative Code. HON. FRANK R. WOLF for this designation. As you can imagine, the Mr. Umeda's State service continued when OF VIRGINIA competition for this honor is keen, routinely at­ he was appointed chief of the Office of Advi­ IN THE HOUSE OF REPRESENTATIVES tracting applications from cities big and small sory Liaison within the California State Depart­ Thursday, September 25, 1997 across the United States. In 1997, 150 cities ment of Health in 1976. For the next 2 years, filed applications. Of these, just 30 were se­ he played a key role in coordinating health ad­ Mr. WOLF. Mr. Speaker, there's a special lected as finalists. The finalists traveled to vice emanating from a wide variety of advisory event held every year in the Shenandoah Val­ Kansas City, MO where they made presen­ boards and conferences to the Department of ley town of Edinburg where friends and neigh­ tations to a panel of NCL judges. Health. Mr. Umeda fulfilled similar duties with­ bors get together to celebrate the good things Aberdeen was selected based upon a num­ in the Department of Mental Health until 1979. about living in small town America. And every ber of factors, particularly its innovative pro­ year the Edinburg Ole Time Festival dedicates grams to help disadvantaged youth. Mayor its celebration to memorable people from their Chuck Boutin and other Aberdeen city govern­ community. ment officials are thrilled to have received this BUDDY ROTHST E IN TRIBUTE I want to share with our colleagues an arti­ honor. On September 20, I had the honor of cle from the Shenandoah Valley-Herald of visiting Aberdeen and participating in a HON. PAUL E. KANJORSKI September 17 which honors two of Edinburg's celebratory breakfast. I know the folks of Aber­ finest citizens: the late Mabel Zirkle and the OF PENNSYLVANIA deen will be celebrating for months to come, late John Irvin. Mrs. Zirkle and Mr. Irvin both just the way they did when their town's favor­ IN THE HOUSE OF REP RESENTATIVES passed away earlier this year, but their leg­ ite son became the "Iron Man" of baseball. I Thursday, September 25, 1997 acies live on in the foundations they laid to look forward to joining them in their revelry. make their native Edinburg a better place. It is Mr. KANJORSKI. Mr. Speaker, I rise today a fitting tribute that the annual Edinburg Ole Mr. Speaker, every town would like to think to pay tribute to a community leader and close of itself as an "All-American City," but only a Time Festival honored their years of dedica­ personal friend from my district in Pennsyl­ tion to their hometown. precious few have earned this designation. vania, Alvin "Buddy" Rothstein. This week, Aberdeen is one of them. I hope all of my col­ [From the Shenandoah Valley-Herald, Sept. Buddy will be honored by the Ethics Institute 17 , 1997] leagues will join me in congratulating the good of northeastern Pennsylvania, and I am proud folks of Aberdeen during this special time. FESTIVAL H ONORS Z IRKLE, I RVIN FOR to have been asked to participate in this D EDICATION TO TOWN event. (By Lisa G. Currie) T RIBUTE TO STANLEY M. UMEDA A businessman in the northeastern Pennsyl­ For the past two years t he Edinburg Ole vania community for over 50 years, Buddy Time Festival has dedicated t he annual HON. ROBERT T. MATSUI graduated from Wharton School of Business weekend celebration to memorable people at the University of Pennsylvania. Serving in from t heir communit y. OF CALIFORNIA the U.S. Army Air Corps, Buddy was shot Last year, the late Louise Evans and the IN THE HOUSE OF REP RE SENTATIVES down four times during World war II . Following late Milt Hoffman received t he h onor. Thursday, September 25, 1997 Evans was a local artist who created the his tour of duty; Buddy returned home to begin art show which remains part of the festival Mr. MATSUI. Mr. Speaker, I rise to pay trib­ a soft drink manufacturing and distributing today. Dedicated to teaching and art for ute to an outstanding member of the Sac­ company in 1945. art's sake, Evans is remembered as the be­ ramento community, Mr. Stanley M. Umeda. His business flourished, and he expanded to loved and faithful art teacher who offered Today, Mr. Umeda's many friends and col­ the ice cream franchise business covering 31 adult classes for years. Hoffman was a Woodst ock citizen with Ed­ leagues are gathered to commemorate his 40 States, Canada, and Puerto Rico. In 1963, Buddy began Rothstein Inc., a realty company inburg roots. His Edinburg-based Christmas years of exemplary service to the State of tree farm was one of the first in the county California and the Sacramento County Welfare and Rothstein Construction, Inc., a develop­ and his " J ackson Stew" was a favorite dur­ Department. ment company, both of which he operates to ing Edinburg Ole Time Festival events. Hoff­ A graduate of California State University, this day. man is remembered as t he flavor and char­ Sacramento, Mr. Umeda has forged a long Mr. Speaker, Buddy Rothstein's business acter of th e annual festival. and distinguished career in the fields of social accomplishments are well known in our area; This year, the committee has selected two work and mental health. His service in the his community involvement is also to be highly long-time and well-loved community mem­ commended. He is extremely active in Rotary bers for dedication-the late Mabel Zirkle public sector dates back to 1955, when, as an and the late John Irvin . undergraduate at Sacramento State Univer­ International, chairing several important com­ Zirkle, selected to be the 1995 gran d mar­ sity, Mr. Umeda worked for the California De­ mittees and served as president of Wilkes­ shal at age 100, lived in her family home next partment of Motor Vehicles. Barre Rotary from 1988-89. door to the former Edinburg Middle School. Upon completing his education with a mas­ Buddy also sits on the executive committee She watched, listened and participated as a ter of social work degree in 1966, Mr. Umeda of B'nai B'rith Housing for the elderly. Buddy century of events changed Edinburg from a one-h orse t own to a thriving community ad­ continued his State service as a psychiatric has also been president of the Wilkes-Barre jacent to a major interstate highway. social worker in the California Department of Board of Realtors. He has served the local She was the symbol of small town Edin­ Social Welfare. In that capacity, Mr. Umeda Jewish community by being involved with sev­ burg-a familiar face am ong the people. She provided invaluable support and guidance to eral organizations. Along with his service to taugh t school at Pine Woods School, a one­ State hospital convalescent patients and their the Jewish Community, Buddy has also been room schoolhouse in town at the t urn of the families. involved with the Economic Development cent ury. She was active in her church and From 1969 until 1973, Mr. Umeda adminis­ Council of northeastern Pennsylvania. His love concerned about the welfare of her commu­ tered all phases of local mental health serv­ for and dedication to improving the quality of nity. Her daug·hter Rosemary McDonald said her ices for his assigned region as a Community life for the people of northeastern Pennsyl­ mother would be very pleased at the honor program analyst with the California State De­ vania are evident in everything he does, and bestowed in her mem ory. partment of Mental Hygiene. In this role , he we are, indeed, fortunate to have him as a She remembers her m other as being very designed programs and budgets for a variety member of our community. concerned about her Edinburg homeplace, of local mental health services . . Mr. Speaker, I am pleased to join with the dedicated to making it a better place. As the executive secretary of the Con­ community and the Ethics Institute in honoring "She would love this," said her daughter of the dedication. • ference of Local Health Officers, the Con­ my good friend, Mr. Alvin "Buddy" Rothstein, McDonald said while her mother would be ference of Local Mental Health Directors, and and I am extremely proud to bring just a few honored, Zirkle balked at being in the cen ter the Citizens Advi.sory Council from 1973 until of his many accomplishments to the attention · of attention and was hesitant to step for­ 1976, Mr. Umeda worked on the coordination of my colleagues. ward-even when she deserved the credit . September 25, 1997 EXTENSIONS OF REMARKS 20231 Zirkle was born Mabel Stoneburner, the Foreign and Commonwealth Office in accom­ I would have voted "nay" on both 403 and middle child of Rosa Grandstaff and Robert plishing its mission "to promote the national 404. Edward Lee Stoneburner. At one time she interests of the United Kingdom and to con­ was the oldest living native in Edinburg, a tribute to a strong world community." town she grew up in and lived as a young DEPARTMENTS OF COMMERCE, adult. Sir John and his accomplished wife, Lady Elizabeth, have faced many challenges during JUSTICE AND STATE, THE JUDI­ It was the same town she grew old in, en­ CIARY AND RELATED AGENCIES joying the views from her window as the their tenure in Washington, DC. They have town continued to change. met each challenge with a grace, skill, and di­ APPROPRIATIONS ACT 1998 She lived to be 101 years old, dying May 26, plomacy that few possess. These accomplish­ 1997. ments are the reasons for his promotion to SPEECH OF Sharing the honor with Zirkle is John even more responsibility not only to the British HON. CAROLYN B. MALONEY Irvin. people, but to the people of the world. I have Irvin was a man who helped prepare Edin­ OF NEW YORK burg for the next century while paying at­ mixed feelings upon his departure because al­ IN THE HOUSE OF REPRESENTATIVES though I am happy that he is finally able to re­ tention to the past. Wednesday, September 24, 1997 President and owner of Irvin Inc., Irvin turn home to such a prestigious post, Wash­ will long be remembered in Edinburg for his ington is losing two of their greatest dignitaries The House in Committee of the Whole loyalty and perseverance concerning the with their departure. Please join me in recog­ House on the State of the Union had under town. nizing Sir John's contributions to the relation­ consideration the bill (H.R. 2287) making ap­ He was a man with a smile, known to most ship between our two nations, and wish he propriations for the Departments of Com­ everyone in the community. He is remem­ and Lady Elizabeth Godspeed. merce, Justice, and State, the Judiciary, and bered as one willing to fight for what he related agencies for the fiscal year ending wanted. September 30, 1998, and for other purposes: Irvin was well-versed on local history, en­ TRIBUTE TO AMBASSADOR JASON joying the debate of historical and con­ Mrs. MALONEY of New York. Mr. Chair­ troversial issues for debate sake. He kept HU man, I rise today in support of the Norton abreast of community issues, always main­ amendment. taining a smile and working for an outcome HON. DANA ROHRABACHER The ban on Federal funds for abortions for which best suited the community. OF CALIFORNIA women in prison is one more step in a long He helped establish and support the former IN THE HOUSE OF REPRESENTATIVES line of rollbacks on women's reproductive free­ Edinburg Library. He was instrumental in doms. establishing the Madison District Recreation Thursday, September 25, 1997 The Norton amendment seeks to correct Authority and the Edinburg park and swim­ ming pool which are in place today. Mr. ROHRABACHER. Mr. Speaker, I wish one of the more shameful attacks on Amer­ He played an active role in the develop­ to join many colleagues in paying tribute to ican women. ment of the town museum and served on Ambassador Jason Hu, who is leaving Wash­ Despite clear legal authority establishing the both the planning commission and the town ington to return to Taipei. For the last 15 right of American women to choose abortion council. months, Ambassador Hu has very ably served as a viable health option, many women pris­ An Edinburg native, Irvin is the second son as the Republic of China's representative in oners are denied equal access to choose of Mary Grove and the late George Robert Washington. While there have been many whether or not to terminate their pregnancies. Irvin. He grew up in Edinburg, leaving only issues, both highly significant and pro forma, Federal prisoners must rely on the Bureau long enough to obtain an education and serve in the United States Navy. He returned between Washington and Taipei, Ambassador of Prisons for all for their health care, yet with­ to teach school and work in the family busi­ Hu has played a positive role in reducing dif­ out this amendment women will be prevented ness, where he was later made president. ferences between our two countries. from seeking needed reproductive health care. When he died in April, his funeral drew a Ambassador Hu is a first class diplomat. In Prisoners have a constitutional right to crowd unprecedented for the Edinburg com­ his outgoing and warm manner he has helped health care. Congress should not interfere with munity. us greatly in understanding Taiwan as a this right. " I know he would be proud," said his moth­ democratic nation with a strong commitment to It is too easy to attack women inmates, er Mary Grove Irvin. She was the 1996 Grand a free-market economy. He has also earned women who are often poor, uneducated, iso­ Marshal, riding in the parade in a horse drawn carriage. the support, confidence, and respect of Presi­ lated, and beaten down. Women who are She said her son loved the festival, always dent Lee Teng-hui, who has given Ambas­ often victims of physical or sexual abuse. taking time to visit the stands and watch sador Hu a new assignment as the Republic Most women prisoners are poor whey they the parade. of China's Foreign Minister. enter prison, and cannot rely on anyone for fi­ " He would b,ave been very honored," she Ambassador Hu's new responsibilities will nancial assistance. said. place him in the forefront of the continuing dip­ These women already face limited prenatal lomatic, political, and economic development care, isolation from family and friends, a bleak of Taiwan. Ambassador Hu's experience in future, and the certain loss of custody of the TRIBUTE TO SIR JOHN KERR Washington will ensure that he will continue to infant. be a trusted friend of the United States and to The ban on reproductive health services for · HON. KAREN McCARTHY all nations that maintain official or unofficial women in prison closes off their only oppor­ OF MISSOURI ties to Taiwan. tunity to receive much needed care, it denies IN THE HOUSE OF REPRESENTATIVES Congratulations, Ambassador Hu. Please them their constitutional rights, but most im­ convey my best wishes to the people of Tai­ portantly, it denies them their dignity. Thursday, September 25, 1997 wan on their forthcoming National Day. We must stop this assault on women's right Ms. McCARTHY of Missouri. Mr. Speaker, to choose. Mr. Chairman, I urge my col­ today, I rise to pay tribute to Sir John Kerr, leagues to support the Norton amendment. Her Majesty's Ambassador to the United PERSONAL EXPLANATION States, who will be departing soon to assume the post as the new Permanent Under Sec­ HON. PORTER J. GO~ DEDICATION OF THE LAWRENCE H. retary of State and head of the diplomatic OF FLORIDA COOKE COUNTY COURTHOUSE service-the top official at the Foreign and IN THE HOUSE OF REPRESENTATIVES Commonwealth Office. Thursday, September 25, 1997 HON. BENJAMIN A. GILMAN Sir John's distinguished career in Great Brit­ OF NEW YORK ain's Foreign Service includes representing Mr. GOSS. Mr. Speaker, my previous sub­ IN THE HOUSE OF REPRESENTATIVES the British Government in Moscow, mission to record how I would have voted on Rawalpundi, Brussels, and most recently, in rollcall Nos. 403-415, when printed in the Thursday, September 25, 1997 Washington, DC. As the new Permanent Record, did not include my stated position on Mr. GILMAN. Mr. Speaker, this month the Under Secretary of State, he will direct the rollcall Nos. 403 and 404. Had I been present, people of Sullivan County, NY, bestowed a 20232 EXTENSIONS OF REMARKS September 25, 1997 deserving honor on a revered man who has HONORING JOE R . REEDER civilian law enforcement, civil disturbance, dis­ selflessly served all of our best interests aster relief, and emergency planning. Joe has throughout his life. In renaming the Sullivan HON. THOMAS M. DA VIS managed these many tasks during his tenure County Courthouse after Judge Lawrence H. OF VIRGINIA with ceaseless energy and an innovative style. Cooke, the people of Sullivan County take Mr. Speaker, we know our colleagues join pride in the accomplishments of its native son. HON. JAMF5 P. MORAN us in honoring and thanking the Honorable Judge Cooke has nobly exemplified what OF VIRGINIA Joe Reeder for his devotion to the U.S. Army. being a public servant means. IN THE HOUSE OF REP RESENTATIVES We appreciate all the hard work he has done Thursday, September 25, 1997 in preparing our Army for the next century. I had the privilege of attending this notable Joe's vision and spirit are truly remarkable. ceremony. Despite being a cold, blustery day, Mr. DAVIS of Virginia. Mr. Speaker, my col­ there was a genuine warmth that came from league, Mr. MORAN of Virginia, and I rise today the 600 audience members who participated to pay tribute to Mr. Joe R. Reeder who is re­ A TRIBUTE TO THE WEST VALLEY in honoring their esteemed colleague, friend, tiring as the 14th Under Secretary of the SOCCER LEAGUE Army. and neighbor, including: Congressman HIN­ Joe has long served his country and been HON. BRAD SHERMAN CHEY, State assemblyman Jake Gunther, Mon­ involved in public affairs. A native of Wash­ OF CALIFORNIA ticello mayor Jim Kenny, Sullivan County leg­ ington State who has lived in the metro area IN THE HOUSE OF REPRESENTATIVES islators Robert Kunis and Rodney Gaebel, Al ­ for the past 20 years, Joe calls himself a bany Law School professor Vincent transplanted Texan from his time spent in Thursday , September 25, 1997 Bonaventure, Sullivan County historian Joan school there. · Mr. SHERMAN. Mr. Speaker, I rise today to Conway, and the Reverends Robert H. Pinto Joe married the former Katharine Boyce in commend the West Valley Soccer League and and Robert Ginel. Among the distinguished 1983. Katharine is also an attorney. Together, its president, Mitchell Hyams for contributions members of the judiciary who were present in­ they have raised four wonderful daughters. in promoting youth soccer. In recognition of 25 cluded: New York State Court of Appeals They currently live in Alexandria. years of community service by parents and Chief Justice Honorable Judith Kaye, Supreme After graduating from West Point in 1970, friends dedicated to youth soccer and the de­ Court Judges William Richardson (Hawaii) and Joe completed training at the Airborne, Rang­ velopment of children from varied back­ Anthony Kane (Sullivan County). er and Artillery basic school. Joe then served grounds and athletic abilities it is a great in the 82nd Airborne Division until he entered honor to rise in behalf of all of those involved The generous ovations bestowed upon law school in 1972. At that time, he relocated in youth soccer. Judge Cooke, truly symbolized how important, to his beloved Texas to attend the University The West Valley Soccer League improves valued, and beloved a public figure he has be­ of Texas where he earned his juris doctorate the education of our volunteer coaches, ref­ come over the years. degree while working as a prosecutor at Fort erees, and administrators in the areas of child In meritoriously serving the people of Sul­ Sam Houston, TX. development, human behavior, sports psy­ livan County and New York State, Judge Joe completed a 1-year Federal clerkship chology, ethics, and sportsmanship. All of this Cooke built a legacy of compassion and con­ before moving to Washington, DC. When Joe training with our volunteers and athletes leads came to the Nation's Capitol, he returned to cern. The extent of his outstanding judicial ca­ to a healthy competitive atmosphere for youth school and earned his master of laws from reer is a tribute in itself to Judge Cooke's out­ soccer players and increases concern for the Georgetown University. He also continued his standing legal, philosophical, and ethical char­ development of caring, responsible citizens for work for the military by serving as a trial attor­ our community and our country. acter. Starting his public career as a town su­ ney in the Army's Litigation Division. This posi­ Finally, the success of the West Valley Soc­ pervisor, Judge Cooke was subsequently tion required that he represent the Department cer League would not be possible without its elected to the county court and thereafter was of Defense in Federal court actions pending wonderful volunteers and the leadership of elected to the Supreme Court, and the appel­ throughout the United States. He was soon Mitchell Hyams. I commend the patience and late division, and finally was selected chief promoted, and moved to the Army's Contract dedication of all of those who are involved as judge of the Court of Appeals of New York Appeals Division where he represented the players, coaches, referees, and spectators. State- the highest judicial position in New Department of Defense in a wide range of Mr. Speaker, I ask you and my distin­ York State. Judge Cooke duly deserves the Government contract-related litigation. guished colleagues to join me in recognizing honors and accolades given by the people of Joe left the Department of Defense in 1979 the contributions the West Valley Soccer his beloved Sullivan County. when he moved to the Washington, DC based League has made to our community. The law firm of Patton, Boggs, & Blow. By 1983, Andrew Jackson said in 1796: "I am of the West Valley Soccer League serves as an ex­ he had made partner at this distinguished firm ample for other youth soccer leagues across opinion that a good judiciary lends much to and was widely respected by his colleagues our Nation. the dignity of a state and the happiness of the for his knowledge of complex commercial liti­ people." Two centuries later, Judge Lawrence gation including litigation involving Govern­ H. Cooke personifies what Andrew Jackson ment contracting law and legal ethics. T HE MEDICARE HOSPITAL OUT­ proclaimed. In 1993, Joe was sworn in as the Under P ATIENT PAYMENT FAIRNESS I am honored to have known and worked Secretary of the Army. He is the principal civil­ ACT OF 1997 AND THE HOSPITAL OUT P ATIENT DE PARTME NT with Judge Cooke and I was pleased to have ian assistant and Deputy to the Secretary of the Army. Joe acts with the full authority of the TRUTH-IN-ADVERTISING ACT OF joined in with the people of Sullivan County Secretary in general management of the 1997 and from throughout the State in celebrating Army. He is responsible for the long-range the career of this great public servant. planning, material requirements, readiness, HON. FORTNEY PETE STARK As Judge Cooke stated: "While the name of acquisition reform, infrastructure reduction, OF CALIFORNIA the courthouse has changed its title, its pur­ and financial management. Joe has spent the IN THE HOUSE OF REPRESENTATIVES pose in serving the people remains the same." past 4 years preparing our Army for the 21st It is a place of justice, and, as Daniel Webster century and helping to shape its continued Thursday, September 25, 1997 proclaimed, justice "is the ligament which international leadership role. He serves as one Mr. STARK. Mr. Speaker, I am pleased to holds civilized beings and civilized nations to­ of the Army's top officials for international af­ introduce two bills today. The first would mod­ gether." fairs and has worked tirelessly on issues in­ ernize Medicare's payment policy for ambula­ volving NATO and Panama. In that capacity, tory care by the year 2000. The second would I ask my colleagues to join me in saluting Joe has served as the Chairman of the Pan­ immediately stop hospitals from egregiously Judge Lawrence H. Cooke, and in wishing him ama Canal Commission's Board of Directors. gaming the current, outdated policy. and his wife, Alice Cooke, good health and In addition, he oversees the military support to Medicare pays more for ambulatory care happiness in retirement. local, State, and Federal agencies related to provided in a Hospital Outpatient Department September 25, 1997 EXTENSIONS OF REMARKS 20233 [HOPD] than it does for the same care pro­ ciently to cover these emergency services. hard to become police officers, fire fighters, vided in a doctor's office or freestanding ancil­ Specifically, the bill would require that teachers, doctors, and even Members of Con­ lary facility. This means that the same medical MedPAC report to Congress by January 1, gress. I strongly urge my colleagues to sup­ personnel for the same patients are reim­ 1999, on whether the payments made for port this important resolution. bursed differently based on the name on the emergency room [ER] cases are adequate to door of a clinic that provides ambulatory care. cover the costs of ER use by Medicare pa­ If a hospital owns a clinic, it can call it a tients, and that the Secretary adjust payments FARMERS AGREE: TIERED PRIC­ HOPD and charge Medicare and its bene­ to ensure that hospital ER costs of Medicare ING PROMOTES WATER CON­ ficiaries more, no matter where the clinic is ac- patients are appropriately covered by January SERVATION tually located. . 1, 2000. Hospitals are purchasing, leasing, and build­ While giving hospitals time to prepare for a HON. GEORGE MILLER ing doctors' offices and ancillary facilities in completely overhauled payment policy may be OF CALIFORNIA farflung locations. They are changing the prudent, we should not allow them to continue· IN THE HOUSE OF REPRESENTATIVES names on the doors to HOPD to take advan­ abusing the current policy. The second bill I Thursday, September 25, 1997 tage of Medicare's more generous payment am introducing today, the Hospital Outpatient Mr. MILLER of California. Mr. Speaker, as rates. Meanwhile, they are pushing out inde­ Department Truth-in-Advertising Act of 1997, the author of the Central Valley Project Im­ pendent competitors who cost less and pro­ would reduce hospitals' incentives to build, provement Act of 1992 [CVPIA] that modern­ vide the same services. purchase, and lease freestanding clinics. Spe­ ized the purposes and operations of one of Most importantly, beneficiaries pay more, cifically, it would define as HOPD's only those the largest water projects in the United States, because their copayments are based on what facilities that are located on the same campus I was delighted to read recently that some of the hospital charges, and not on the amount as an inpatient, acute-care hospital. Facilities those who have most vociferously opposed Medicare ultimately determines is a fair cost. reimbursed as HOPD's on or before Sep­ passage and implementation of that landmark The Balanced Budget Act takes over 20 years tember 25, 1997, would be exempted. law are coming around to the side of reform. to fix this overcharge, so beneficiaries pay I urge my fellow Members of Congress to The objective of the law was to bring the much more than the normal 20 percent copay­ join with me in passing these crucial pieces of Central Valley project into the modern age­ ment for HOPD costs. legislation. Together, we can modernize Medi­ when the massive subsidies, unlimited con­ Under current law, a hospital might pur­ care payment policy, lower our constituents' tracts, and indifference to environmental and chase a physician group practice located 5 health care costs, keep health·y competition fishery destruction that long characterized the miles away from its campus. Before the pur­ alive, and show the Nation that we will not tol­ CVP's operations were rejected in favor of chase, services to Medicare beneficiaries were erate abuse and waste of Medicare tax dol­ managing the project in a more financially and billed as physician office visits and paid ac­ lars. environmentally responsible manner. cording to a fee schedule. Now, the hospital One of the key devices in that law is the labels the same services, in the same office, use of tiered pricing in new water contracts to THE IRISH POTATO FAMINE by the same physicians, as HOPD visits. It encourage the most efficient use of water re­ bills Medicare for the fee schedule amount the sources. In the past, the CVP has provided independent physicians used to get. But in ad­ HON. WILLIAM 0. LIPINSKI millions of acre feet of water to irrigators at dition, it bills Medicare for hospital overhead OF ILLINOIS enormously subsidized prices-often to grow costs. Beneficiaries also get bigger bills than IN THE HOUSE OF REPRESENTATIVES marginal or surplus crops on low-quality, high­ before. And, there is one less independent Thursday, September 25, 1997 polluting land. Indeed, some irrigators continue physician practice to compete with the hospital to launch litigative and legislative efforts to by offering lower-cost services. Mr. LIPINSKI. Mr. Speaker, today I am intro­ overturn the law so they can continue to enjoy There are a thousand variations on the ducing a resolution that honors the victims of these multibillion dollar subsidies at the ex­ theme: chemotherapy clinics, radiology clinics the Great Irish Potato Famine, honors the mil­ pense of the taxpayers. in towns without any hospitals, and new clinics lions of brave emigrants who rose from the Tiered pricing charges users progressively next to retirement homes. You name it-hos­ tragedy of the famine to make profound con­ higher-while still subsidized-prices based pitals are acquiring or building whatever free­ tribution to America, and encourages the Brit­ on the amount of water they use in order to standing facilities they can and inappropriately ish and Irish Governments to make a renewed encourage efficient use and minimize runoff labeling them HOPD's. They are driving out effort for peace in Northern Ireland. that can contaminate groundwater, rivers, and the healthy competition and profiting by over­ This year is the 150th anniversary of the streams. lrrigators denounced tiered pricing as charging Medicare and its beneficiaries. worst year of the Great Irish Potato Famine, unfair and predicted it would not work. Medicare and its beneficiaries should not which began in 1845 and continued to 1850. How gratifying it is then, to read the "Sum­ pay more for the same services just because Massive poverty, disease, and starvation mary of Grassland Basin Drainers' Drainage they are called something different. The Medi­ plagued hundreds of thousands throughout Reduction Activities" for August 28, 1997, in care Hospital Outpatient Payment Fairness Ireland. Even today, 1847 is still known to all which we learn that, within their own districts, Act of 1997 would limit Medicare payments for people of Irish descent as Black 47. many of these very same farmers have turned HOPD services to the amount that Medicare By the end of the famine, an estimated 1.5 to tiered pricing-to achieve the same objec­ would pay for those services if they were pro­ million people had died of starvation or dis­ tives as the CVPIA. vided in a freestanding clinic or ancillary facil­ ease. Millions more risked their lives on "coffin Most water districts in the drainage area ity that was not labeled a "Hospital Out­ ships" to seek a new life in America. These have implemented tiered water pricing to en­ patient." The hospital would receive no addi­ brave emigrants paved the way for the millions courage farmers to manage water deliveries tional Medicare payment for overhead costs, of Irish-American descendants today. carefully and to reduce drainage water volume and it would not be allowed to charge bene­ Recently, a new British Parliament, led by and selenium load. Several districts have tar­ ficiaries more than 20 percent of its Medicare Tony Blair, and a new Irish Government, led geted drain water reduction, specifically, by reimbursement. In order to give hospitals time by Bertie Ahern, have been elected to office. implementing a separate tiered pricing struc­ to prepare for this change, these provisions Also, Prime Minister Blair expressed regret ture for preirrigation. would not take effect until January 1, 2000. about Britain's role in the famine. With the The report then details some of the specific Hospitals are shifting costs for inpatient and healing of old scars and the promise of the programs in the San Joaquin Valley drainage emergency care onto outpatient care. While new administrations, Ireland has a new oppor­ area which receives substantial CVP deliveries Medicare reimbursement rates are sufficient to tunity for peace and prosperity. The people of out of the Delta, and concludes as follows: cover hospital costs in most cases, they may Ireland deserve a future free from violence, re­ "All of these programs have encouraged not be sufficient to cover costs for emergent ligious hate, or famine. farmers to select efficient water management care. Since the first bill I am introducing today Mr. Speaker, the American descendants of practices that reduce surface and subsurface would prevent hospitals from shifting emergent those brave emigrants have made tremendous drain water in the 1997 crop year." care costs to the outpatient side, it would also contributions to our society and to the Amer­ I am personally gratified, Mr. Speaker, to ensure that hospitals are reimbursed suffi- ican way of life. Irish-Americans have worked learn that the irrigators themselves have come 20234 EXTENSIONS OF REMARKS September 25, 1997 to accept the beneficial value of tiered pricing, est gratitude to Sister Joanne. I know that ON THE INT RODUCTION OF THE and I look forward to their joining us in our on­ am a better person for having known her, and ABANDONED AND DERE LICT going efforts to implement other provisions of Flint is certainly a better place because of her VES SE L REMOVAL ACT OF 1997 the CVPIA. presence. HON. FORTNEY PETE STARK HONORING SISTE R JOANNE FEDE WA OF CALIFORNIA TRIBUT E T O TEMP LE ADAT IN THE HOUSE OF REPRESENT ATIVES HON. DALEE. KILDEE ELOHIM Thursday, September 25, 1997 OF MICHIGAN IN THE HOUSE OF REP RESENTATIVES HON. BRAD SHERMAN Mr. STARK. Mr. Speaker, today I am intro­ ducing the Abandoned and Derelict Vessel Thursday, September 25, 1997 OF CALIFORNIA Removal Act of 1997. This act will provide the Mr. KILDEE . Mr. Speaker,· I rise today to IN THE HOUSE OF REPRESENTATIVES necessary tools to clean up a long-term public urge my colleagues in the U.S. House of Rep­ nuisance resulting from abandoned boats and resentatives to join me in paying tribute to an Thursday, September 25, 1997 barges found in the navigable waters of many outstanding humanitarian, Sister Joanne communities. Fedewa. On October 5, 1997, Sister Joanne Mr. SHERMAN. Mr. Speaker, I rise today to will be honored for her 50 years of dedicated celebrate the dedication of Temple Adat Dozens of abandoned boats and other de­ service to God, the Catholic Church, and her Elohim's new sanctuary and social hall. The bris have accumulated along the Guadalupe community. people of this congregation have endured Channel, which surrounds the community of As a member of the Sisters of the Living many sacrifices to make the construction of Alviso, CA. This concern was first brought to Word , Sister Joanne obtained the foundation these new buildings possible. It is because of my attention by members of the San Jose City that led to her work as an educator, adminis­ this congregation's overwhelming dedication to Council, the Alviso Master Plan Task Force, and members of the Alviso community. These trator, and spiritual advisor. For 30 years, Sis­ serving the Reformed Jewish community in abandoned vessels are a public health and ter Joanne taught or served as principal at the Conego that I am here today to extend my Catholic schools in Minnesota, Illinois, Lou­ safety hazard to the community and to users congratulations and express my gratitude for a isiana, Arkansas, and Michigan. Sister Joanne in the adjacent public waterways. Unfortu­ job well done. spent much of her teaching career in predomi­ nately, Alviso is not the only community that nately African-American communities. I know The history of the founding of Temple Adat suffers from this problem. that she considers the establishment of a Elohim begins in the spring of 1967. Several Abandoned vessels do not just sit harm­ Catholic school in an African-American parish families tired of the long and laborious drive to lessly by- these vessels are often used as an in Little Rock, AR , to be one of her finest Ventura to worship with Reformed congrega­ illegal dumping ground for hazardous mate­ achievements. Through teaching, Sister Jo­ tion and attend Hebrew School. On August 22 , rials . Between January 1988 and September anne inspired thousands of children to further 1967, 16 families formed the congregation at 1991 , the Federal Government spent $5.2 mil­ their education. More importantly she instilled Temple Adat Elohim. Since that time, many lion to remove 282 abandoned vessels that in them the importance of faith and the joy of more Conego families have joined the struggle blocked waterways. In that same time, Gov­ God's love. to make the dream of a new sanctuary and ernment spent nearly $5.7 million to clean up In 1989, Sister Joanne was appointed pas­ pollutants from just 96 abandoned vessels. toral coordinator of Christ ttie King Parish. In social hall a reality. this capacity, Sister Joanne founded the Rite By the early 1980's, the congregation had This legislation will establish clear authority to remove vessels left unattended in a public of Christian Initiation of Adults Program, pro­ grown in size and the construction of a new waterway for more than 45 days unless the grams for eucharistic ministers, and other par­ sanctuary was no longer a desire, but a ne­ ish education and sacramental programs. She waterway has been designated as a harbor or cessity. Instead, the congregation made a dif­ marina. Vessels left unattended in an ap­ collaborated with the ministers of service in ficult decision and sacrificed their comfort for developing a program for underprivileged proved harbor or marina for more than 60 the safety of the children. They built the chil­ days would also be subject to removal. youth in Flint. dren a new school building. The new sanc­ In addition to her duties as pastoral coordi­ This legislation empowers local authorities tuary would unfortunately have to wait. nator, Sister Joanne serves on the Flint to keep public waterways clear while allowing Catholic Urban Ministry Board which oversees Today, we come together to celebrate and boat or barge owners the opportunity to repair ministry of the Dukette lntercultural Center in honor those families who have endured both and remove vessels that are not actually its mission to sponsor events in Flint's core spiritually and financially for the benefit of abandoned. In addition, the removal of these city Catholic parishes. As a leader in the civil Jewish people in the Conejo Valley. The new derelict vessels will alleviate some concerns rights movement, Sister Joanne is widely cred­ sanctuary and social hall accommodates more regarding water quality and its impact on the ited with bringing to our attention the signifi­ than 800 people and allows the congregation public health of the local community. cant contributions of African-Americans to the at Tempie Adat Elohim to truly worship to­ This legislation will promote cooperation be­ Catholic Church. gether. tween interested local citizens, community As an advocate for those most vulnerable in groups, and government agencies in their joint This new sanctuary and social hall would our society, Sister Joanne regularly visits the efforts to preserve and protect the navigable not have been possible without the support homebound, hospitals, jails, and nursing waters of the United States. It will hold boat homes. As busy as she is, Sister Joanne al­ and dedication of Temple Adat Elohim's Rabbi owners accountable for their vessels. Under ways has time for the parishioners of Christ Alan Greenbaum and president Sandy this bill, a community can instigate action by the King Parish, encouraging them to use their Bistrow. I call upon this congregation and fel­ petitioning a local elected official to notify the gifts to serve others. Her tireless work on par­ low members of our community to thank them Secretary of the Army. Proceedings to notify ish committees and in the day to day adminis­ for their efforts. the boat owner, and ultimately to remove the tration of the parish is appreciated by all. For Theodor Herzl once said "If you will it, it is boat, would then be taken by the Secretary. those who cite a shortage of time, Sister Jo­ anne serves as a remarkable role model. no dream." The construction of this new sanc­ Many States and local governments are pro­ Mr. Speaker, it is indeed an honor and a tuary would not have been possible without posing solutions to the problem of abandoned privilege for me to pay tribute to Sister Joanne the strong will of their congregation. Mr. and derelict vessels. This legislation will not Fedewa. She has served our Lord and our Speaker, distinguished colleagues, please join supersede local initiatives with equal or great­ community with the greatest devotion and is me in celebrating the dedication of Tempie er cleanup impact. deserving of our praise. This occasion pro­ Adat Elohim's new sanctuary and honoring I urge my colleagues to support this legisla­ vides me the opportunity to express my deep- them for their hard work and sacrifice. tion. September 25, 1997 EXTENSIONS OF REMARKS 20235 HONORING THE BRAGG FAMILY say that the students were respectful, knowl­ And most importantly, it directs the two edgeable, and inquisitive. This can only come agencies to combine forces and target those HON. BOB RILEY through the school's reinforcement of values industries notorious for hiring undocumented OF AL ABAMA instilled by their families. workers and forcing them to work in unaccept­ As we go about the daily business of insti­ IN THE HOUSE OF REPRESENTATIVES able conditions. tuting laws for our fellow Americans, we must My bill gets tough on employers who know­ Thursday, September 25 , 1997 continue to provide opportunities for our ingly hire undocumented workers by imposing Mr. RILEY. Mr. Speaker, years ago, in a lit­ younger Americans. We must give them a rea­ stronger sanctions and doubling those pen­ tle place called Possum Trot, AL, an amazing son to accept the challenges they will face, alties against employers also caught violating mother named Margaret Marie Bundrum make it meaningful, and guide them to be­ labor laws. It also helps employers by reduc­ Bragg protected her three sons. She guarded come oroductive members of our society. ing the number of documents workers can use them selflessly against an alcoholic father's Tatiana and Alex are shining examples of to verify their eligibility. drunken rage; she shielded them from the what is possible. I want to fully acknowledge that there is an hunger and poverty that often accompanies My staff join me in wishing these two out­ inherent danger that this kind of approach rural life; and she gave each of them the val­ standing D.C. students continued success in could lead to discrimination against workers­ ues of compassion, sensitivity, and self-es­ the future. and evidence shows that this has indeed been teem. She taught them that where they were the case in some instances. Thus my bill will did not determine where they could go. INTRODUCTION OF LEGISLATION also stiffen the penalties against employers Her middle child, Rick Bragg, has proven that discriminate and give the Department of her right. After only a semester of college, this Justice the resources it needs to thoroughly native of Alabama's Third District went to work HON. BOB f1LNER investigate incidents of discrimination. We will at the New York Times. In 1996, he won the OF CALIFORNIA also provide programs to educate employers highest honor that can be bestowed on a jour­ IN THE HOUSE OF REPRESENTATIVES about their responsibilities in this area. nalist-the Pulitzer Prize for feature writing. Thursday, Septemb er 25 , 1997 My bill takes a balanced, comprehensive Recently, Mr. Bragg wrote an autobiographical Mr. FILNER. Mr. Speaker and colleagues, I approach to the problems created by illegal novel titled, "It's All Over But the Shoutin' ", rise today in support of legislation to attack immigration. As a border Congressman, I am about his life growing up in rural Alabama. one of the most critical problems facing the well aware of both the positive and the nega­ This book is already being praised by critics residents of San Diego County and Cali­ tive effects of immigration. across the Nation and will likely become an­ fornia-illegal immigration. And I promised myself, and the people that other jewel in Rick Bragg's literary crown. My Eliminating the Magnet for Illegal Immi­ I represent, that we would deal with the nega­ And while I do not wish, and would never gration Act gets at the root of the problem. It tive impacts without retreating from the values want, to take anything away from this great will stop people from trying to cross the border that have made this the greatest country in the Alabama writer, it is his mother, Margaret in the first place by removing the attraction­ world. I challenge Congress to get past the Bragg, who I seek to exalt today. It has been jobs offered by unscrupulous employers that scapegoating that has become so politically said that the hand that rocks the cradle rules entice people to come to the United States. profitable. the world. I think anyone who knows of the My bill finally clamps down on employers I urge my colleagues on both sides of the Bragg family would agree. For it is these that encourage illegal immigration by violating aisle to support this critically important initia­ mothers and fathers, these unsung heroes be­ our laws and knowingly hiring undocumented tive and show your commitment to truly stem hind our greatest leaders, poets, authors, and workers. the illegal immigration that affects so many of athletes, that should be commended. It is they In San Diego, I represent the district that our communities. I ask you to join me and co­ who sacrifice for their children, teach their chil­ runs along the border and has the most bor­ sponsor the Eliminate the Magnet for Illegal dren, and love their children. And, in so doing, der crossings-both legal and illegal-in the Immigration Act of 1997. mold this country's future. If not for them and world. I am acutely aware of the strain illegal their influence, America would not be the immigration puts on communities in my dis­ proud and gifted nation she is today. And I trict, and I have always been a firm believer in TRIBUTE TO PEPPERDINE think Rick Bragg would agree. gaining control of our borders. UNIVERSITY In the last 2 years, we have made signifi­ cant progress. We have increased the number HON. BRAD SHERMAN TWO SHINING EXAMPLES of Border Patrol agents and have begun to OF CALIFORNIA give them the tools and technology to get the IN THE HOUSE OF REPRESENTATIVES job done. HON. DONNA M. CHRISTIAN-GREEN Thursday, September 25, 1997 OF THE VIRGIN ISLANDS But these changes have had limited suc­ IN T HE HOUSE OF REPRESENTATIVES cess in stopping illegal immigration. The crit­ Mr. SHERMAN. Mr. Speaker, I rise before ical next step in the fight to stop illegal immi­ you today to acknowledge the students, fac­ Thursday, September 25, 1997 gration is to eliminate the magnet and enforce ulty and administration at Pepperdine Univer­ Ms. CHRISTIAN-GREEN. Mr. Speaker, I our laws against the hiring of illegal immi­ sity. This university was recently commended rise today to commend Tatiana Naboa and Al­ grants. by the John Templeton Foundation in the exander Prince, two young citizens of the Dis­ In 1986, Congress underscored the need to 1997-1998 Honor Roll for Character Building trict of Cofumbia, who voluntarily offered their eliminate the job magnet and made it illegal to Colleges. services to my office, through my colleague hire undocumented workers-but these laws A panel of six distinguished individuals from Representative ELEANOR HOLMES NORTON'S in­ have been largely ignored. The INS simply various backgrounds evaluated colleges and ternship program. has not had the resources to do its job. universities across the country. They used five They chose to turn a negative situation into Some employers hire undocumented work­ criteria to determine if the colleges were pro­ a positive fulfilling experience for themselves ers because their status makes them easy tar­ viding students not only with an environment as well as my Washington staff. They carried gets for exploitation and abuse. These em­ which allowed them to develop a strong sense out all tasks assigned to them and were al­ ployers know they can force them to work in of morality and grow spiritually, but also pro­ ways ready to assist in any way they could. substandard conditions. These employers vided students with an opportunity to give Tatiana and Alex are products of the much­ know they can get away with paying them back to their community. To be considered for maligned D.C. school system. Obviously, there substandard wages. Is it any wonder that we a place on the honor roll , colleges must in­ are some things wrong, but there are a lot of have this problem. spire students to develop and strengthen their good things happening to our children when My legislation gives the INS the resources it moral and reasoning skills, encourage spiritual they attend the public schools in the District. needs to aggressively enforce employer sanc­ growth and moral values, provide community From my experience with Tatiana and Alex, I tions and gives the Department of Labor the building experiences, advocate a drug-free know my colleagues who participated in the resources to aggressively enforce wage and lifestyle and conduct a critical assessment of internship program, can support me when I hour laws. character-building projects and activities. • I ,•-' • ' ' ..,.. • ' • '- • ' • " 0 --

20236 EXTENSIONS OF REMARKS September 25, 1997 The faculty at Pepperdine University have many years of · service. I join with my neigh­ SAM BROWNBACK in calling for the end of the worked to establish an environment which al­ bors as they thank Judy Flum for her valuable IRS because it has become too large and bur­ lows students to reflect on ethical questions contributions to our community. densome on the American taxpayer. Extensive and develop their own sense of morality. abuses are being overlooked and the high Christian tradition plays a central role in the standards that are expected from this Govern­ students' lives and they are provided with op­ THE DEPENDENT CARE TAX ment agency are routinely not being met. portunities to attend services, bible studies CREDIT REFUNDABILITY ACT Yesterday, the Senate Finance Committee and lectures given by theologians from the kicked off 3 days of hearings investigating I RS evangelical world. Additionally, students lead HON. CONSTANCE A. MORELLA practices and procedures. Two witnesses that and manage community outreach programs, OF MARYLAND testified were taxpayers from California who such as tutoring at a youth correctional facility IN THE HOUSE OF REPRESENTATIVES vividly described their nightmare involvement as well as other special events. with the IRS. They characterized their dealings Leon Blum once wrote, "Life does not give Thursday, September 25, 1997 with the IRS as abusive, terrifying, manipula­ itself to one who tries to keep all its advan­ Mrs. MORELLA. Mr. Speaker, quality child tive, and intimidating. Other panelists, includ­ tages at once. I have often thought morality care is critically important to working families ing two former IRS employees that worked in may perhaps consist solely in the courage of in every economic situation. Yet many working California district offices, described the pres­ making a choice." Students at Pepperdine parents today simply cannot afford to pay the sures that they were under from superiors to University have made a choice that they are increasing costs of child care. Furthermore, af­ harass taxpayers and extort taxes and fines. willing to make a difference in our community. fordable child care is critical to the success of These hearings continue to expose the In making this choice the students have made moving women from welfare to work. abuses leveled against average Americans by the welfare of others their top priority. In the last Congress, I introduced legislation, the IRS. Taxpayers do not want a Government Mr. Speaker, distinguished colleagues, H.R. 4154, to make the Dependent Care Tax that will harass and obstruct them. American please join me honoring the students and fac­ Credit [DCTC] refundable. This bill was in­ taxpayers deserve a Government that will ulty at this exceptional institution for their in­ cluded in the Women's Caucus Economic Eq- serve them. These hearings have illustrated tegrity of character and commitment to improv­ uity Act. . that the IRS is too burdensome on the Amer­ ing the circumstances of 'those less fortunate Today, along with Congressman TOM ALLEN , ican people. It is crucial that we take this in our community. I am introducing an updated version of the power out of the hands of the Washington bu­ same legislation. This legislation would help reaucrats and send it back to the taxpayer, working families obtain high quality care. A where it belongs. IN RECOGNITION OF MS. JUDY major source of Federal support for families Mr. Speaker, the American people will not FLUM'S LITERACY EFFORTS who rely on child care and dependent care is be satisfied until the IRS is dismantled and the Dependent Care Tax Credit. This tax cred­ disarmed. I urge my colleagues to examine HON. FORTNEY PETE STARK it is available on a sliding scale basis to tax­ the reports of IRS abuse and take action. It is OF CALIFORNIA payers incurring expenses relating to the care not unreasonable for citizens to demand a IN T HE HOUSE OF REP RESENTATIVES of a child under age 13, a disabled spouse, or Government that is respectful of the people it Thursday, September 25, 1997 any qualifying dependent, many of whom are serves. Mr. STARK. Mr. Speaker, I rise today to ac­ cared for by family caregivers. knowledge Ms. Judy Flum, an individual who Unfortunately, the tax does little for the T RIBUTE TO THE HONORABLE has provided 1O years of superior service to working poor, many of whom are women LAGRIMAS LEON GUERRERO the San Lorenzo Library. Ms. Flum has con­ working outside the home who are responsible UNTALAN sistently provided support for the youth in our for dependent family members but who do not community by encouraging them to use the li­ make enough to pay taxes. Because the tax HON. ROBERT A. UNDERWOOD brary's resources. She also conducts pro­ credit is not refundable, workers who owe little OF GUAM grams throughout the year such as the sum­ or no taxes do not receive the amount for IN THE HOUSE OF REP RESENTATIVES mer reading game, pre-school storytime, which they would otherwise be eligible. This young adult advisory group, and many pro­ legislation would expand the current Depend­ Thursday, Sep tember 25, 1997 grams for senior citizens. ent Care Tax Credit to offer increased benefits Mr. UNDERWOOD. Mr. Speaker, it is with Judy has been instrumental in bringing sev­ for lower and middle-income families, as well deep regret and sympathy that I announce the eral grants to the San Lorenzo Library. The as make it refundable to low-income families passing of Mrs. Lagrimas Leon Guerrero youth risk grant helped the library become bet­ who owe little or no income tax and would Untalan. Mrs. Untalan was a longtime educa­ ter acquainted with the needs of young people normally be unable to benefit from a tax credit. tor and former Guam Senator. She passed and created a safe environment in which they The Dependent Care Tax Credit is also criti­ away in Honolulu, HI, this past Sunday, Sep­ can learn, study, and grow. The Spanish grant cally important to those who provide respite tember 21 , at the age of 86. increased the size of the Library's Spanish care for ill or disabled dependents. Such care Mrs. Untalan started her career in education collection and created a community outreach is very expensive, and making the DCTC re­ immediately upon her graduation from high program for Spanish-speaking families. The fundable would help caregivers provide for school. At the time, Mrs. Untalan was one of learn-a-lot program was developed in conjunc­ their dependents. I urge my colleagues to join several young and motivated individuals that tion with the San Lorenzo Unified School Dis­ me in forwarding this important legislation. began their professional careers as educators trict to help children between the grades of in the public school system of Guam, both be­ kindergarten through fourth grade increase fore and after World War II. These educators their reading potential. Without a doubt, Judy IRS ABUSES MUST STOP became the main source of intellectual stimu­ has been a remarkable asset to the growth of lation that was infused into the Government of the San Lorenzo Library. HON. RON PACKARD Guam. Mrs. Untalan participated significantly As a member of the American Library Asso­ OF CALIFORNIA and contributed in the developmsnt of our ciation, Judy has served on many of its com ­ IN THE HOUSE OF REPRESENTATIVES young government, and she brought with her mittees dealing with young adults. Her interest a much-needed sense of respect and analyt­ in technology has ensured our youth will be Thursday, September 25, 1997 ical thought. better prepared for the challenges of the 21st Mr. PACKARD. Mr. Speaker, I am appalled Perhaps one of the greatest contributions century. As the library manager, she has by the severity of abuses by agents of the In­ she made in our political development was the worked tirelessly to establish a training pro­ ternal Revenue Service toward American tax­ mold she broke in getting elected to the 3d gram to teach people how to use the Internet. payers. The discovery of these abuses on Guam Legislature. Both she and former Sen­ She was also responsible for establishing an American taxpayers proves, once and for all , ator Cynthia Johnston Torres, were the first Alameda County Library homepage. that we need to shut down the intrusive I RS. women elected to the Guam Legislature and On September 25, 1997, the friends of the Yesterday I joined Congressmen BILL became Guam's first female lawmakers. Al­ San Lorenzo Library will honor Judy for her PAXON AND JOE SCARBOROUGH , and Senator though women were elected to the Guam September 25, 1997 EXTENSIONS OF REMARKS 20237 Congress, the predecessor of the Guam Leg­ contractor default, a construction project will According to the National Association of Mi­ islature, the Guam Congress did not have the be completed and the contractor's employees nority Contractors [NAMC], many minority con­ authority to make or pass laws. and material suppliers will be paid. Surety tractors reported being turned down for a bond Distinguished and celebrated as a bilingual bonding is mandatory for competing for all without an explanation. When explanations are educator, Mrs. Untalan was the translator of Federal construction work in excess of not proffered, a perception of discrimination in "Stand Ye Guamanian" better known as the $25,000, all federally assisted construction the surety industry is created. This perception Guam hymn. She translated the song into our projects in excess of $100,000, and most drives minority contractors to obtain sureties Chamorro language and from then on, State and local public construction. However, outside the mainstream, often at significant "Fanohge Chamorro" became the preferred surety bonding requirements are not restricted additional expense and fewer protections, version of the hymn. She was tireless in her to government contracting. Increasingly, pri­ placing themselves, their subcontractors, and quest to advance the teaching of the vate construction contracts also require surety the government at greater risk. Chamorro language in the Guam schools and bonding. As surety bonding has become a Civil penalties in this bill are necessary to her innovation as an educator had a signifi­ widespread requirement, the inability to obtain compel surety bond companies to provide ac­ cant impact on my own commitment to the surety bonding can cripple a construction firm, curate and nondiscriminatory reasons for de­ Chamorro language. Even after her retirement especially a small or a new one. nial of surety bonding. This bill will provide the from the Department of Education in the mid- In 1992, Congress acknowledged the impor­ applicant with the necessary civil remedy 1970's, Mrs. Untalan continued her work in the tance of this issue when it enacted the Small should the surety bonding company refuse to community. Business Credit Crunch Relief Act and in­ provide this important information. In addition A pre-war resident of our capital of Hagatiia, cluded legislation to study the problem of dis­ to providing essential information for future Mrs. Untalan then became a longtime resident crimination in the surety bonding field, Public bond applications, a clear response will iden­ of Barrigada where she volunteered at San Law 102-366, that I had introduced. The sur­ tify whether surety bonding companies are dis­ Vicente Church. She was an integral part of vey provision required the General Accounting criminatory or using fallacious criteria in mak­ that community and her commitment will be Office [GAO] to conduct a comprehensive sur­ ing these decisions. missed. vey of business firms, especially those owned This legislation will create an environment in On a personal note, I worked with Mrs. by women and minorities, to determine their which small business firms, particularly those Untalan in the Guam Bilingual Bicultural Edu­ experiences in obtaining surety bonding from owned and controlled by minorities and cation Project in the early 1970's. I was a cur­ corporate surety firms. women, can successfully obtain adequate sur­ riculum writer who was unsure of my The GAO completed the requested survey ety bonding. This legislation will enable us to Chamorro writing skills and who had recently in June 1995. The survey found that of the ferret out continuing biases in the industry. I returned to Guam after college in the United 12,000 small construction firms surveyed, 77 urge my colleagues to support this bill and States. She was a skilled and sensitive re­ percent had never obtained bonds. In addition, help abolish the artificial impediments to the viewer of the work which I submitted. Her en­ minority- and women-owned firms were more development and survival of emerging small couragement, acceptance, and gentle correc­ likely to be asked for certain types of financial businesses. tion of my elementary efforts contributed to my documentation. Further, minority-owned firms personal growth. were also more likely to be asked to provide She was wonderful educator whose con­ TRIBUTE TO CALIFORNIA collateral and to meet additional conditions not LUTHERAN UNIVERSITY tributions to her homeland will be remembered required by others. every time we sing "Fanohge Chamorro." Her The ESBOA bill I am introducing today is brilliance will continue to shine in the voices of modeled on the Equal Credit Opportunity Act HON. BRAD SHERMAN our school children throughout Guam's of 1968, which prohibited discrimination in OF CALIFORNIA schools every day. credit practices. The ESBOA requires the con­ IN THE HOUSE OF REPRESENTAT IVES Mrs. Untalan now joins her distinguished tractor to notify the applicant of the action Thursday, Sep tember 25, 1997 husband in eternal rest-Tun Luis Untalan. My taken on his or her application within 20 days Mr. SHERMAN. Mr. Speaker, I rise before condolences to here children, grandchildren, of receipt of a completed bond application. If you today to acknowledge the students, fac­ relatives, and friends. The people of Guam the applicant is denied bonding, the surety ulty and administration at California Lutheran have lost a beloved leader, an educational would also be required, upon request, to pro­ University. This university was recently com­ pioneer, and most especially, a true Guam vide a written statement of specific reasons for mended by the John Templeton Foundation in legend. each denied request. Furthermore, the bill the 1997-1998 Honor Roll for Character Build­ Si You'os ma'ase' Tai Lagrimas Pakitu put would provide civil liability in the form of dam­ ing Colleges. todu I che'cho'-mu para I minaolek I tano'-ta. ages and appropriate equitable relief should a A panel of six distinguished individuals from surety company fail to comply with this notice various backgrounds evaluated colleges and THE EQUAL SURETY BOND requirement. universities across the country. They used five OPPORTUNITY ACT This legislation would help all contractors to criteria to determine if the colleges were pro­ have a better understanding of the reasons viding students not only with an environment HON. ELEANOR HOLMF.S NORTON behind the denial of their bond applications. which allowed them to develop a strong sense Furthermore, the importance of civil penalties of morality and grow spiritually, but also pro­ OF THE DISTRICT OF COLUMBIA cannot be understated for minority applicants vided students with an opportunity to give IN THE HOUSE OF REPRESENTATIVES who currently have no recourse when they back to their community. To be considered for Thursday , September 25, 1997 suspect that the denial of surety bonding was a place on the honor roll , colleges must in­ Ms. NORTON. Mr. Speaker, today I am based on considerations such as gender, spire students to develop and strengthen their pleased to introduce the Equal Surety Bond race, or religion. moral and reasoning skills, encourage spiritual Opportunity Act [ESBOA]. The ESBOA will The disclosure of pertinent information to re­ growth and moral values, provide community help qualified women and minority-owned jected applicants is an equitable principle fa­ building experiences, advocate a drug-free businesses to compete in the contracting busi­ miliar throughout the Federal acquisition proc­ lifestyle and conduct a critical assessment of ness by helping them obtain adequate surety ess. This is the case when a small business character-building projects and activities. bonding. In addition, the ESBOA is directed is turned down for a government contract and The words on the seal of California Lu­ against barriers that many qualified small and has the opportunity to demand a negative pre­ theran University read "Love of Christ, Truth emerging construction firms encounter in ob­ award survey. With this information, the busi­ and Freedom.' The faculty at CLU have taining surety bonding. I have introduced this ness can contest the award or use the infor­ worked to establish an environment which al­ bill before. I do so again because it is a com­ mation to be better prepared for the next lows students to reflect on ethical questions monsense way to eliminate a serious form of award competition. The more a business and develop their own sense of morality. discrimination without an additional enforcing knows about what is wrong with its proposal , Christian tradition plays a central role in the bureaucracy. the greater the likelihood that the next time the students' lives and they are provided with op­ A surety bond is issued by insurers for the business will submit a better and more com ­ portunities to attend services, bible studies purpose of guaranteeing that should a bonded petitive proposal. and social 20238 EXTENSIONS OF REMARKS September 25, 1997 ministry programs. Additionally, students join Castro and his Communist system so blind us cillties, I was stunned to find a country that efforts with faculty and staff to enrich the lives that we are willing to allow a humanitarian was enjoying a 7 percent growth rate, a of those less fortunate in the community by tragedy of immense proportions to unfold 90 building boom in parts of Havana and in re­ working with developmentally disabled individ­ miles off our shores, just in hopes it will over­ gions designated to handle the influx of tour­ ists, and a general sense that the worst of uals, providing clothes for needy children and throw him?" the Periodo Especial, or special period, was tutoring disadvantaged minority students. Mr. Speaker, I believe that the United States over. Leon Blum once wrote, "Life does not give is capable of a more enlightened, more hu­ Yet, there were plenty of caution flags itself to one who tries to keep all it advantages manitarian, more just policy toward the people that it wasn't; indeed, that perhaps the at once. I have often thought morality may of Cuba. I urge my colleagues to revisit this worst was yet to come. perhaps consist solely in the courage of mak­ issue by reading the following story about Ms. For one, a Foreign Ministry official con­ fided that the 7 percent growth rate was rel­ ing a choice." Students at California Lutheran Trimino, and then I urge my colleagues to join evant only when one gauged how far Cuba University have made a choice that they are with me, and 69 other Members of the House had fallen. Cubans with access to dollars willing to make a difference in our community. of Representatives, in removing from United could shop for food in well-stocked markets, In making this choice the students have made States policy the restriction over the sales of including the supermarket once reserved for the welfare of others their top priority. foods and medicine to Cuba. members of the Soviet diplomatic corps. But those who were still in the internal Mr. Speaker, distinguished colleagues, [From the Arizona Republic, Aug. 17, 1997] please join me honoring the students and fac­ economy, where the unofficial peso is little U.S. SANCTIONS ARE CRIPPLING HEALTH more than script, were at the mercy of the ulty at this exceptional institution for their in­ CARE-PEOPLE, NOT CASTRO, F EEL EFFECTS state-run systems, where shelves were empty tegrity of character and commitment to improv­ (By James Hill) save for rice and beans. ing the circumstances of those less fortunate It has been years since Carmen Franco More telling, however, were my conversa­ in our community. Trimino moved body and soul to the United tions with several doctors and other medical States. But her heart is still in Cuba. personnel throughout the island. Cubans A successful entrepreneur, whose steel take great pride in the medical system they CARMEN FRANCO TRIMINO'S plating and powder coating business has op­ built from scratch since Castro came to HEART IS STILL IN CUBA erations in both Arizona and Southern Cali­ power in 1959. And discussions would always fornia, Trimino now devotes much of her begin with the typical boasting about what HON. FSTEBAN EDWARD TORRES time and seemingly all of her energies to win type of services that medical system could over some pretty hard hearts in the U.S. provide. OF CALIFORNIA Pressed, however, these practitioners Congress on an issue that ls breaking hers: IN THE HOUSE OF REPRESENTATIVES would drop the hyperbole and cut to the the part of the U.S. economic embargo chase: The embargo was denying them not Thursday, September 25, 1997 against Fidel Catro's regime that has essen­ only the medicines needed to administer to tially cut off the importation of foods and Mr. TORRES. Mr. Speaker, there is no sub­ the sick, but the tools and the educational medicines into her native land. materials needed to keep up with their prac­ ject which when brought to this floor invokes She's not winning, yet. But she's not los­ more passion and hostility than the question of tices. ing, either. In a major Havana hospital, the lead physi­ United States-Cuban policy. My colleagues This summer, her lobbying paid off when 12 cian in one ward took me into a room where who support the current United · States policy members of the House of Representatives, ambulatory patients were being fed their of embargo, vehemently denounce any effort ranging along the ideological spectrum from noon meal, a concoction that appeared to be to improve relations between our two nations, Democrats Esteban Torres of California and something near a rice and bean soup. All of until and unless the current President of Cuba Charles Rangel of New York to Republicans the patients received the amount of calories Jim Leach of Iowa and Ron Paul of Texas, departs. Those advocating alternative policies needed for their recovery, he noted even if agreed to sponsor a bill that would specifi­ variety in their diet was lacking. Then he and new relationships with the people and the cally exempt food and medicines from the Government of Cuba, have to face having drove home another point: Patients were fed embargo. Since the bill was introduced, 44 even if the staff had to forgo its minimum their integrity, patriotism, and intelligence other members have signed on as co-spon­ daily dietary requirements. called into question. My colleagues who de­ sors, again representing the range of the ide­ At another major medical center, this time fend the current United States policy toward ological spectrum. in the southern port of Cienfuegos, the direc­ Cuba are loyal and persistent defenders of The Cuban Humanitarian Trade Act of 1997 tor admitted that he feared the outbreak of their beliefs, and yet the anger and fury which would overturn a particularly insidious any epidemic, because the combination of clause in the Cuban Democracy Act of 1992 the shortages of antibiotics and the limita­ they invoke, many times prevents and inhibits that made the importation of foods and an open and free discussion of this important tions on nutrition would make it impossible medicines technically not illegal, but so bu­ for his doctors to put up a fight. national policy issue. I believe that this institu­ reaucratically complex as to amount to a de But that was November. Despite the tion and this country desperately need an hon­ facto secondary embargo. Helms-Burton Act that vows to punish for­ est, open and fair discussion on the goals, The 1992 legislation was sold as a means of eign corporations for doing business in Cuba, achievements, and impact of our current policy putting the squeeze on Castro and his Com­ the re-election of President Clinton held the · of embargo. As a contribution to this end, I munist government after Cuba's long-time hope out to Cubans that a warming might be wish to enter into the RECORD , a recently pub­ patron, the Soviet Union, had collapsed, wip­ near. Clinton himself had fed this perception ing out more than 70 percent of the island by his refusal to sanction the most draco­ lished editorial from the Arizona Republic. This nation's trade. Rather than constricting Cas­ article tells a story about one woman's cru­ nian of Helms-Burton provisions, a decision tro, whose regime remains as unrepentantly he reaffirmed this summer. sade to bring change, heart, and humanity to communist as ever, it slowly began to sap If the president is squeamish about imple­ our country's policy toward Cuba. Its subject is the strength of average Cubans. menting those provisions, however, his ad­ Carmen Franco Trimino, a successful entre­ The Periodo Especial, as Cubans refer to ministration has done little else to indicate preneur, whose steel plating and powder coat­ the miserable hand that life has dealt them, that it is interested in patching things up, ing business has operations in both Arizona strictly rationed everything, from food to almost four decades since the U.S.-sponsored and southern California. She is in Washington gasoline to times when electricity and other invasion to topple Castro went disastrously utility services are available. Work sched­ awry at the Bay of Pigs. today, trying to win over some hard hearts in ules were altered to account for the break­ Meanwhile, Trimino reports, the situation the United States Congress, seeking support down in public transportation facilities, and has become graver, especially in the Oriente, for a bill which I introduced, H.R. 1951 , the school days were shortened. Bicycles became or eastern provinces normally out of sight to Cuban Humanitarian Trade Act of 1997, which a principal way of getting about. tourists. In the provincial city of Holguin, would permit United States trade with Cuba in Then Castro pulled another fast one on his she told of recently visiting with a young the areas of foods, medicine, and medical Yankee tormentors. He pegged the peso to girl just out of the hospital who had been supplies. I urge my colleagues to read Ms. the U.S. dollar, opened the doors to tourism treated for severe malnutrition; her daily in­ (but for only a few Americans, thanks to the Trimino's story, and I commend her for her take consisted of a biscuit made from sweet embargo) and allowed a measure of free en­ potatoes. She had been receiving a liter of valiant and tireless efforts on behalf of both terprise to not only exist, but flourish. yogert , as a substitute for milk, every four the Cuban and the American people. I would When I accompanied a delegation led by days. leave my colleagues with a question to ponder Trimino last November to inspect the effect This is something I cannot independently which Ms. Trimino raises: "Does our hatred for the embargo was having on heal th care fa- corroborate, although I have no reason to September 25, 1997 EXTENSIONS OF REMARKS 20239 doubt it. While I did not see any starving APPOINTMENT OF CONFEREES ON CAMPAIGN FINANCE REFORM people during my visit last November, I saw H.R. 2378, TREASURY, POSTAL enough too-thin people, especially in the SERVICE, AND GENERAL GOV­ HON. RON KIND countryside, and emaciated livestock to con­ ERNMENT APPROPRIATIONS ACT OF WISCONSIN vince me-the relative prosperity in Havana 1998 and other cities notwithstanding-that Cuba IN THE HOUSE OF REPRESENTATIVES could be on the verge of a major health cri­ Thursday, September 25 , 1997 SPEECH OF sis. It might still be. Or worse, it might be Mr. KIND. Mr. Speaker, it appears that after sliding into the middle of one, the outcome HON. MAX SANDLIN a long battle this House may be close to con­ of which could be too horrific to consider. sidering campaign finance reform. It is my The question Americans have to ask is OF TEXAS hope that when we do that we will have a fair, simple. Is this what we want? Does our ha­ IN THE HOUSE OF REPRESENTATIVES bipartisan bill that contains no poison pills and tred for Castro and his communist system so offers real reform of the system. blind us that we are willing to allow a hu­ Wednesday, September 24, 1997 I have been working with fellow freshman manitarian tragedy of immense proportions Members to create such a bill. We agreed at to unfold 90 miles off our shores, just in Mr. SANDLIN. Mr. Speaker, I rise today as the very beginning to put aside any poison hopes it will overthrow him? a founding member of the Missing and Ex­ pills, items that would automatically put one Over his long reign, Fidel Castro has sur­ ploited Children's Caucus. I rise as a father of party at a competitive disadvantage. The re­ vived numerous American attempts at re­ four. I rise as a little league coach and a sult was a bill that bans soft money, increases moval, including those of assassination and former county court at law judge. I rise today candidate disclosure, and requires organiza­ the threat (almost to the brink, in fact) of to say that I support every effort to protect our tions making independent expenditures to re­ nuclear war. Most experts who follow Cuba Nation's children and I support the motion to veal who they are and how much money they say only Castro's naturally appointed date instruct by the Member from Maryland. As are spending. It was not an easy process, but with the Grim Reaper wm allow Washington much as any Member on this floor, I support we learned to work together and trust each to say it has finally achieved its goal, and all full funding for programs to safeguard, protect, other and in the end drafted a fair bill that will reports are that for a man in his early 70s, he and rescue our missing and exploited children. make a real difference in the system. is much healthier (and better fed) than his I cannot vote for the previous question be­ There may be a great temptation to kill a re­ average countryman. cause we should not vote on this motion to in­ form bill with partisan amendments. I hope That is not the point, though, insists Car­ struct conferees in its current form. that we can avoid that fate. The only way a men Trimino as she makes her rounds of I will vote against the previous question be­ campaign finance bill can become law is congressional offices, trying to enlist more cause these instructions are incomplete. This through bipartisan cooperation. If we can re­ representatives to her heartfelt cause. (Not motion to instruct should include instructions ject poison pills, reject partisan attacks and re­ one member of the Arizona delegation has to adopt the Senate position on the Member of ject the temptation to pass a bill without teeth, been receptive.) Congress cost of living increase. The Repub­ then we can see true campaign finance reform " It is my people who are facing starva­ lican leadership has precluded an up or down for the first time since the 1970's. tion," she says indignantly. vote on the Member pay raise, and forced me Today we are at a crucial time in this de­ Perhaps she will win the day. Embargoes to vote against the previous question to voice bate, I hope we don't blow it. are a favored tool of U.S. diplomacy, often in my opposition to the pay increase. I support collusion with the United Nations, for use the motion. I will vote against the previous EXTEND SECTION 245(i) OF THE IM­ against recalcitrant regimes. Witness the question not for what is included in the motion, MIGRATION AND NATIONALITY fact that sanctions are being applied not but for what is not included in the motion. ACT only to Cuba but also in Iraq (where Saddam The Member pay raise should be put to a Hussein is allowed to sell oil to purchase straight vote with an honest, open debate. foods and medicines), Libya and Myanmar HON. ROBERT A. WEYGAND This Treasury/Postal appropriations bill was (Burma). Limited sanctions still are applied OF RHODE ISLAND to what is left of Yugoslavia (Serbia and rushed through the floor with a rule that de­ IN THE HOUSE OF REPRESENTATIVES Montenegro). nied a vote on the pay raise. Members were denied the opportunity to cast a vote on the Thursday , September 25, 1997 But sanctions are rarely effective. Notice pay raise and denied a true forum to voice Mr. WEYGAND. Mr. Speaker, I rise today to that the strongmen running the govern­ their opposition to the pay raise. The leader­ discuss the importance of extending section ments of the aforementioned countries are ship of this House owe the people of America, 245(i) of the Immigration and Nationality Act. all still in power, even if their people are at the people we are here to serve, an honest Section 245(i) allows immigrants who are the point of emotional and physical break­ debate and an honest vote on the pay raise. out of status, but legally eligible for visas, to down. Nor are sanctions even relevant; pay a $1,000 fee to adjust their status while I did not come to Congress to cut spending America's official fascination in maintaining remaining within the borders of the United only when I am not affected by the cut. The a dialogue with the butchers of Tiananmen States. American people deserve as much as we can Square, who defiantly continue to keep more These immigrants are eligible to obtain legal than 1 billion Chinese under Communist op­ give them. The American people deserve a status in the form of permanent residence in pression, has made a mockery of U.S. efforts balanced budget. The American people de­ this country based on a family relationship or to use economic measures as a whip against serve tax relief. The American people deserve an offer of employment. lesser regimes. the assurance that Social Security and Medi­ What naysayers must understand is that the Carmen Trimino only wishes that more care will be there to serve them when they re­ 245(i) program does not alter U.S. immigration members of Congress would see in their tire. The _American people deserve the best policy, or make entering our country any easi­ hearts the futility of denying foods and education this country can offer them. er. What it does is assist a pediatrician who medicines,; the bill she wants the House to If we are going to ask all American to sac­ comes to this country to help care for our kids. consider takes no stand on other parts of the rifice to balance the budget, we should expect It helps foreign students who have been edu­ economic embargo. (Perhaps it should; Cas­ the same of ourselves. I wish I did not have cated at American universities and have cho­ tro might last, but the communist system to vote against the previous question simply to sen to utilize their new talents right here in the would likely collapse upon the rush of Amer­ voice my opposition to the pay raise, but I do. United States. It assists a wife who comes to ican goods). She will keep trying. Her Cuban­ The protection of our children is an issue that America to join her husband who has built a American heart is in it. is near to my heart, but so is my commitment solid career here. It allows all of these people to the people of east Texas to balance the to renew their status with a fee, rather than re­ Federal budget. I oppose this motion to in­ quiring them to take a return trip to their native struct in its current form only because it is in­ country. In some cases they may not be able complete. to return for 3 to 5 years. - ...... - ' ... - . . . . ' ...... ~ - ' ' -.: ....

20240 EXTENSIONS OF REMARKS September 25, 1997 But the dream of staying in the United what this Congress has attempted to achieve production from world fisheries and aqua­ States for many of these people may soon be in strengthening American families and pro­ culture has increased by a factor of five. Food just that-a dream. Next Tuesday, these peo­ viding significant tax relief. and Agriculture Organization [FAO] analysis of ple who have come here hoping to be reunited Married couples are faced with numerous hte world's fishing resources in 1995 con­ with a family member or hoping to provide challenges and burdens. Let us not forget that cluded that most of the major fish stocks in their talents to the greatest nation on earth, married couples frequently are in the process the world can be classified as fully fished , may be forced back to their native land with­ of raising children-a wontlerful and very ex­ overfished, depleted, or recovering. Approxi­ out a blink of an eye. On September 30, 1997, pensive experience-and should therefore be mately 45 percent of the Nation's threatened 245(i) is scheduled to sunset. If we do not ex­ afforded as much financial rel ief as possible. and endangered species inhibit coastal areas, tend this section, a mass deportation will Let's not punish these couples for their love and almost 75 percent of the endangered and occur-wives will be taken from their hus­ and commitment for one another, let's reward threatened mammals and birds rely on these bands' arms and valued workers will lose their them for their willingness to strengthen our so­ coastal habitats. jobs. Families will be ripped apart and busi­ ciety through the sacred bond of marriage. We are inundated every day with stories of nesses will be disrupted. We should not and marine, estuarine and reverine pollution, wet­ cannot allow this to happen. lands loss, algal blooms, coastal and marine An extension of 245(i) would not only ben­ PERSONAL EXPLANATION habitat degradation, fishery over-harvesting, efit immigrants currently living in the United and the looming threat of sea-level rise. With States, their family members and their employ­ HON. JOHN EDWARD PORTER all of the legislation, regulations, and Federal, ers, but would benefit our country as a whole. OF ILLINOIS State and local programs and policies, we For example, that fee these immigrants pay to IN THE HOUSE OF REPRESENTATIVES somehow still seem to be failing in our mission renew their status goes straight into the U.S. Thursday, Sept ember 25, 1997 to have healthy, sustainable oceans and State Department coffers, at a sum of $200 coasts. Mr. PORTER. Mr. Speaker, I regret that I million each year. 245(i) provides the Immigra­ The situation will only get worse as coastal was unavoidably absent from the Chamber on tion and Naturalization Service with the funds populations increase: Two-thirds of the world's Rollcall votes Nos. 410 through 415. cities with populations over 1.6 million are lo­ necessary to carry out important enforcement Had I been present, I would have voted no cated in the coastal zone. By the year 201 O it and detention functions. on Roll No. 410, no on Roll No. 411 , aye on is estimated that at least 75 percent of the By allowing immigrants to change their sta­ Roll No. 412, aye on Roll No. 413, no on Roll United States population will live within 50 tus within the our Nation, the United States No. 414, and aye on Roll No. 415. has also been able to reduce the applications miles of the coast, with all of the attendant po­ at the consulate by 3 percent. This allows tential environmental consequences of having them to focus on their primary functions of en­ THE OCEANS ACT OF 1997 so many people concentrated in areas of di­ hancing foreign diplomacy and assisting verse and fragile ecosystems. United States citizens living or traveling HON. SAM FARR Part of the problem is that we are not in­ vesting enough in learning about our oceans; abroad. OF CALIFORNIA for all of the money we have spent in space I ask you , as Members of Congress and IN T HE HOUSE OF REPRESENTATIVES representatives of the people, what is the ben­ exploration, we know woefully little about the efit to our country of breaking up families and Thursday, September 25, 1997 amazing characteristics of the 71 percent of breaking down businesses? I urge my col­ Mr. FARR of California. Mr. Speaker, I rise our planet's surface that is the world's oceans. leagues to support the extension of this nec­ today to introduce the Oceans Act of 1997. I The fact is, we know less about the surface of essary and beneficial provision. am pleased to be able to offer this bill with the our own planet than we do about that of Mars, support of the chairman of Resources' Sub­ Venus, or the Moon. I believe that we need to committee on Fisheries Conservation, Wildlife put our national ocean exploration programs THE NEED TO ELIMINATE THE and Oceans, Representative JIM SAXTON; the on par with the space program , and our efforts MARRIAGE TAX ranking Democrat of that subcommittee, Rep­ to conserve the marine environment at least resentative NEIL ABERCROMBIE; and the rank­ equal to that provided to the land portion of HON. ANNE M. NORTHUP ing Democrat on the Resources Committee, our country. Our efforts to protect our marine OF KENTUCKY Representative GEORGE MILLER, as well as environment through our national marine sanc­ IN THE HOUSE OF REP RESENTATIVES Representatives GILCHREST, PALLONE, GEORGE tuary system provide only 0.7 percent of the BROWN , PORTER Goss, PATRICK KENNEDY, and funding we give just to our national parks. Thursday, September 25, 1997 SOLOMON ORTIZ. The legislation I am introducing is patterned Mrs. NORTHUP. Mr. Speaker, I rise today This is an exciting time in the history of after the law which was enacted in 1966 to es­ in strong support of eliminating the marriage man's relationship with the oceans. With this tablish the Commission on Marine Science, tax. Although this Congress has made signifi­ year as the International Year of the Reef, and Engineering and Resources, known as the cant steps in reducing the tax burden on next year as the International Year of the Stratton Commission, after its chairman, Julius Americans we still have a long road ahead of Ocean, more focus is being directed on the Stratton of the Ford Foundation. The Commis­ us in restructuring our Tax Code and instill state of the world's coasts and oceans than sion was given the task of examining the Na­ fairness to all taxpayers. As we travel down ever before. And rightly so. tion's stake in the development, utilization, and this· road one of our first stops must be to We are critically dependent on the oceans, preservation of the marine environment, to as­ eliminate the tax that penalizes the sacred in­ and the resources we derive from them. Com­ sess the Nation's current and anticipated ma­ stitution of marriage. mercial and recreational fishing provides 1. 5 rine activities; and, on the basis of this infor­ My opposition to the tax on marriage is sim­ million jobs and an estimated $111 billion an­ mation, to formulate a comprehensive, long­ ply a question of fairness. Why should a man nually to the Nation's economy, and more than term, national program for marine affairs with and woman who are married and living to­ 30 percent of the United States GNP is pro­ the goal of meeting current and future needs gether be taxed more than a man and woman duced in coastal counties. Americans love the in the most efficient manner possible. In Janu­ living together who are not married? CBO has ocean and beaches: they are our leading tour­ ary of 1969, the Stratton Commission released estimated that 21 million couples have paid on ist destination, with 85 percent of tourist reve­ its report "Our Nation and the Sea: A Plan for average $1 ,400 and some exceeding $20,000 nues being spent in coastal States. In 1993 National Action." in surplus taxes as a result of having to more than 180 million Americans visited coast­ The report and recommendations of the change their filing status to married. This is a al waters nationwide, and in California alone Commission led to the creation of the National substantial amount of money that could be the revenue generated by tourism is approxi­ Oceanic and Atmospheric Administration, sup­ used toward a child's education, retirement mately $38 billion annually. The beautiful ported the impetus for the enactment of the savings, a new home or a car. Furthermore, a coasts and ocean in my district are key to the Coastal Zone Management Act in 1972, and couple should not have to consider the IRS areas's $1 .5 billion travel and tourism industry. provided the vision and structure for ocean when deciding whether to enter into marriage. Yet we cannot ignore the evidence that our and coastal policy for the past thirty years. The marriage penalty blatantly contradicts oceans and coasts are imperiled. Since 1950 Today, however, U.S. population has grown September 25, 1997 EXTENSIONS OF REMARKS 20241 from 196.5 million in 1966 to 265.6 million in Each day research and development pro- ment and industry with the introduction of H.R. 1996, over half of whom lives within 50 miles grams at our Nation's over 700 Federal lab- 2544, the Technology Transfer Commer­ of our shores; ocean and coastal resources oratories produce new knowledge, processes, cialization Act. H.R. 2544 seeks to remove the once thought inexhaustible are now seriously and products. Often, technologies and tech- legal obstacles to effectively license federally depleted; and wetlands and other marine habi­ niques generated in these Federal laboratories owned inventions, created in Government­ tats are threatened by pollution and human have commercial applications, if further devel- owned, Government-operated laboratories, by activities. oped by the industrial community. adopting the successful Bayh-Dole Act as a As the 30-year anniversary of the Stratton As a result, Federal laboratories are working framework. Commission's report approaches, it is of great closely with U.S. business, industry, and State The bill provides parallel authorities to those importance that we again do a thorough as­ and local governments to help them apply currently in place under the Bayh-Dole Act for sessment of the current state of our Nation's these new capabilities to their own particular licensing university or university-operated Fed­ coastal and marine resources, programs, and needs. Through this technology transfer proc- eral laboratory inventions. The bill also policies, and that we create a new national ess our Federal laboratories are sharing the amends the Stevenson-Wydler Act, as amend­ ocean plan to lead us into the 21st century. benefits of our national investment in scientific ed, to allow Federal laboratories to include al­ The Oceans Act of 1997 contains similar pro­ progress with all segments of our society. ready existing patented inventions into a coop- visions to the 1966 act. It calls for the creation It seems clear that the economic advances erative research and development agreement of a Stratton-type commission, called the of the 21st century will rooted in the research [CRADA). Commission on Ocean Policy, to examine and development performed in our Nation's Thus, agencies would be provided with two ocean and coastal activities and to report with­ laboratories. These advances are becoming important new tools for effectively commer­ in 18 months its recommendations for a na­ even more dependent upon the continuous cializing on-the-shelf Federally owned tech­ tional policy. In developing the report, the transfer of technology into commercial goods nologies-either licensing them as stand-alone Commission would assess Federal programs and services. By spinning-off and commer- inventions, under the bill's revised authorities and funding priorities, infrastructure require­ cializing federally developed technology, the of section 209 of the sayh-Dole Act, or includ­ ments, conflicts among marine users, and results of our Federal research and develop- ing them as part of a larger package under a technological opportunities. The Commission ment enterprise are being used today to en- CRADA. In doing so, this will make both would then meet at a minimum of once every hance our Nation's ability to compete in the mechanisms much more attractive to U.S. 5 years to assess the Nation's progress in global marketplace. companies that are striving to form partner- meeting the purposes and objectives of the For over a decade and a half, Congress, led ships with Federal laboratories. act. An appropriation of $6 million over the the Science Committee, has embraced the course of fiscal years 1998 and 1999 would use of technology transfer from our Federal Additionally, H.R. 2544 removes language be authorized for the Commission to complete laboratories to help boost our international requiring onerous public notification proce­ its work. In addition, such sums as necessary competitiveness. We have enacted legislation dures in the current law, recognizing that in would be authorized for the Commission to establishing a system to facilitate this transfer partnering with Government, industry must un- meet in the 1O years following the submission dertake great risks and expenditures to bring of technology to the private sector and to new discoveries to the marketplace and that in of the report. State and local governments. It would also call for the President, with the The primary law to promote the transfer of today's competitive world economy, time-to- assistance of the heads of relevant agencies technology from Federal laboratories is the market commercialization is a critical factor for and departments, and on the advice of the Stevenson-Wydler Technology Innovation Act successful products. Federal regulations cur­ Commission, to develop and implement a co­ of 1'980. The Stevenson-Wydler Act, Public rently require a 3-month notification of the herent national ocean and coastal policy that Law 96-480, makes it easier to transfer tech- availability of an invention for exclusive licens­ provides for protection against natural haz­ nology from the laboratories and provides a ing in the Federal Register. If a company re­ ards; responsible stewardship of fisheries and means for private sector researchers to ac- spends by seeking to license the invention ex­ other ocean and coastal resources; protection cess laboratory development. elusively, another notice requir~ment follows of the marine environment; resolution of con­ In addition, Congress has enacted additional providing for a 60-day period for filing objec­ flicts among users of the marine environment; laws to foster technology transfer, including tions. The prospective licensee is publicly advancement of research, education and train­ the Federal Technology Transfer Act of 1986 identified along with the invention during this ing in fields related to marine activities; contin­ (Public Law 99-502); the Omnibus Trade and second notice. This built-in delay of at least 5 ued investment in marine technologies; coordi­ Competitiveness Act of 1988 (Public Law 100- months, along with public notification that a nation and cooperation within and among gov­ 418); the National Competitiveness Tech- specific company is seeking the license, is a ernments; and preservation of U.S. leadership nology Transfer Act of 1989 (Public Law 101- great disincentive to commercializing on-the- on ocean and coastal issues. 189); and the American Technology Pre- shelf Government inventions. I believe that a comprehensive ocean and eminence Act of 1991 (Public Law 102-245), No such requirements for public notification coastal conservation and management plan among others. In addition, Congress enacted and filing of objections exist for licensing uni­ for our country is absolutely necessary. Our the amendments to the Patent and Trademark varsity patents or patents made by contractor­ efforts have got to be coordinated, and we've Laws, also known as the Bayh-Dole of 1980 operated Federal laboratories. In addition, no got to act now to increase our knowledge of (Public Law 96-517). such restriction applies to companies seeking this critical area of our planet, and to ensure Most recently, in the past Congress, the Na- a CRADA, which now guarantees companies proper management of marine resources, and tional Technology Transfer and Advancement the right to an exclusive field of use license. healthy, vibrant coastal and ocean ecosystems Act of 1995 (Public Law 104-113), which I in- In all the years that the statutes have been uti­ we all c~n enjoy. troduced, was enacted into law. Public Law lized, no evidence has arisen that the univer- 104-113 amends the Stevenson-Wydler Tech- sities or contractor-operated laboratories R.R. 2544, THE TECHNOLOGY nology Innovation Act of 1980 and the Federal . abuse these authorities. The steady increase TRANSFER COMMERCIALIZATION Technology Transfer Act of 1986 to improve of university licensing agreements, royalties, ACT OF 1997 U.S. competitiveness by speeding commer- commercialized technologies, and economic cialization of inventions developed through col- benefits to the U.S. economy shows that re­ laborative agreements between the Govern- moving such legal impediments is critical to HON. CONSTANCE A. MOREllA ment and industry. The law also promotes success. OF MARYLAND partnership ventures with Federal laboratories Changing this provision would not only IN THE HOUSE OF REPRESENTATIVES and the private-sector and creates incentives speed the commercialization of billions of dol­ Thursday, September 25, 1997 to laboratory personnel for new inventions. lars of on-the-shelf technologies, it would also Mrs. MORELLA. Mr. Speaker, today I am in­ As the chair of the House Science Commit- allow these discoveries to be effectively in­ troducing H.R. 2544, the Technology Transfer tee's Technology Subcommittee, I am pleased eluded in CRADA, which is now very difficult Commercialization Act of 1997, a bill which to continue this tradition of advancing tech- to do. These built-in delays fundamentally ex­ promotes technology transfer by facilitating li­ nology transfer and encouraging research and acerbate the biggest industry complaint about censes for federally owned inventions. development partnerships between Govern- dealing with the Federal Government as a 20242 EXTENSIONS OF REMARKS September 25, 1997 R&D partner-it simply takes too long to com­ " (2) the Federal agency finds that the pub­ " 209. Licensing· federally owned inven­ plete a deal. Requiring a half year delay to re­ lic will be served by the granting of the li­ tions.". ceive a license that both parties want to grant cense, as indicated by the applicant's inten­ makes no sense. tions, plans, and ability to bring the inven­ tion to practical application or otherwise A TRIBUTE TO FAUSTO A. ROSERO Removing this restriction eliminates the last promote the invention's utilization by the , significant legal roadblock to expediting licens­ public; ing and commercialization of federally funded HON. NYDIA M. VELAZQUFZ ''(3) the applicant makes a commitment to patents. This should provide an important tool OF NEW YORK achieve practical utilization of the invention IN THE HOUSE OF REPRESENTATIVES for our economic growth if the agencies apply within a reasonable time; this new authority aggressively. Thursday, September 25, 1997 While removing language requiring onerous " (4) granting the license will not substan­ tially lessen competition or create or main­ Ms. VELAZQUEZ. Mr. Speaker, today I rise public notification procedures in the current tain a violation of the antitrust laws; and to pay a very special tribute to one of my con­ law, it is the intent of the bill that agencies will stituents, who after working for 30 years is continue to widely disseminate public notices " (5) in the case of an invention covered by a foreign patent application or patent, the now ready to retire. Mr. Fausto Anibal Rosero that inventions are available for licensing. interests of United States industry in foreign is retiring from United Airlines, where he is Agencies should approach this in the same commerce will be enhanced. currently a lead in the Cabin Service Division. manner that they are now providing notice that During his tenure at United Airlines, Fausto opportunities or a CRADA are available under "(b) MANUFACTURE IN UNITED STATES.-Li­ censes shall normally be granted under this exhibited exceptional leadership skills as well the Federal Technology Transfer Act, and uni­ section only to a licensee who agrees that as a commitment to excellence. versities advertise available licenses under the any products embodying the invention or His dedication and commitment to excel­ Bayh-Dole Act. produced through the use of the invention lence led to his designation as a lead cabin In providing the appropriate notice of the will be manufactured substantially in the serviceman. Under his supervision, Fausto availability of their technologies for licensing, I United States. has a crew of eight cabin servicemen, whose would expect that agencies would make the "(c) SMALL BUSINESS.- First preference for responsibility is to ensure that United flights greatest possible use of the Internet. Elec­ the granting of licenses under this section leaving LaGuardia Airport are fully supported tronic postings provide instantaneous notice shall be given to small business firms having and maintained. In an era of heightened that commercial partners are being sought for equal or greater likelihood as other appli­ awareness regarding airline safety measures developing Federal patents. Virtually all Fed­ cants to bring the invention to practical ap­ and concerns his belief is to encourage his eral laboratories and universities now already plication within a reasonable time. crew to review and follow all safety rules and use their Internet websites to post such no­ "(d) TERMS AND CONDITIONS.-Licenses procedures. This type of positive reinforce­ tices. This should be a far more effective ad­ granted under this section shall contain such ment to be safety conscious in the workplace vertising tool than mere publication in the Fed­ terms and conditions as the granting agency reflects his concern about the passengers and considers appropriate. Such terms and eral Register, especially since most small crew that board his fights. businesses do not scan the Federal Register conditions- In 1993, Fausto was recognized by United looking for new technologies. " (1) shall include provisions- Airlines and 80,000 of his fellow employees as Mr. Speaker, the Technology Transfer Com­ "(A) requiring period reporting on utiliza­ he was nominated to receive the Cabin Serv­ mercialization Act streamlines Federal tech­ tion of the invention, and utilization efforts, ice Employee of the Year Award. His dedica­ nology licensing procedures by removing the by the licensee; and tion reflects a lifelong pursuit of happiness that uncertainty and delay associated with the li­ "(B) empowering the Federal agency to he strives for every day. Fausto philosophy of censing determination process. Removing the terminate the license in whole or in part if life "Primero la obligacion despues la roadblocks to the commercialization of Federal the agency determines that- devocion." research and development by industry has "(i) the licensee is not adequately exe­ Fausto Rosero's life here in the United been a goal we, in Congress, have long sup­ cuting its commitment to achieve practical States began like many others who came to ported, and I would urge my colleagues to join utilization of the invention within a reason­ the United States of America seeking a better me in this effort. able time; life for themselves and their family. Through­ H.R. 2544 "(ii) the licensee is in breach of an agree­ out history, America has been known as the land of opportunity. We have welcomed peo­ Be it enacted by the Senate and House of Rep­ ment described in subsection (b); or resentatives of the United States of America in "(iii) termination is necessary to meet re­ ple with great pride from all over the world and Congress assembled, quirements for public use specified by Fed­ from all walks of life. The diversity of people SECTION 1. SHORT TITLE. eral regulations issued after the date of the and nations is our country's greatest strength. This Act may be cited as the "Technology license, and such requirements are not rea­ Immigrants have long been the lifeblood of Transfer Commercialization Act of 1997" . sonably satisfied by the licensee; and this great city of New York, making it flourish SEC. 2. COOPERATIVE RESEARCH AND DEVELOP­ " (2) may include a requirement that the li­ because of their hard work and dedication. MENT AGREEMENTS. censee provide the agency with a plan for de­ On September 9, 1962, Fausto Anibal Section 12(b)(l) of the Stevenson-Wydler velopment or marketing the invention. Roser emigrated from his native homeland of Technology Innovation Act of 1980 (15 U.S.C. Information obtained pursuant to paragraph Quito, Ecuador, to pursue and begin living the 3710a(b)(l)) is amended by inserting " or, sub­ American dream. Like the previous waves of ject to section 209 of title 35, United States (l)(A) shall be treated by the Federal agency Code, in a federally owned invention directly as commercial and financial information ob­ immigrants, Fausto left his family to settle related to the scope of the work under the tained from a person and privileged and con­ down in his new life. He soon sent for his wife, agreement," after " under the agreement,". fidential and not subject to disclosure under Ana Beatriz Medina, whom he married on SEC. 3. LICENSING FEDERALLY OWNED INVEN- section 552 of title 5, United States Code. April 20, 1959. Beatriz arrived in this country TIONS. "(e) PUBLIC NOTICE.-No license may be not only with great enthusiasm and ambition (a) AMENDMENT.- Section 209 of title 35, granted under this section unless public no­ but also with their daughter, Amparito Rosero United States Code, is amended to read as tice of the availability of a federally owned on May 9, 1962. The Rosero family settled in follows: invention for licensing in an appropriate the same community in which they still call "§ 209. Licensing federally owned inventions manner has been provided at least 30 days home, Corona, Queens. Having firmly planted before the license is granted. This subsection " (a) AUTHORITY.-A Federal agency may the seeds in their new home, their family grant an exclusive or partially exclusive li­ shall not apply to the licensing of inventions made under a cooperative research and de­ began to expand. cense on a federally owned invention if- velopment agreement entered into under sec­ On September 27, 1963, Fausto Gerardo " (1) granting the license is a reasonable Rosero was the first American citizen born to and necessary incentive to- tion 12 of the Stevenson-Wydler Technology " (A) call forth the investment capital and Innovation Act of 1980 (15 U.S.C. 3710a). ". the family. This not only represented the first expenditures needed to bring the invention (b) CONFORMING AMENDMENT.-The item re­ generation of American citizens but also the to practical application; or lating to section 209 in the table of sections beginning of a new culture. "(B) otherwise promote the invention's for chapter 18 of title 35, United States Code, In the fall of 1966, the Rosero and Moya utilization by the public; is amended to read as follows: families moved into a 102-25 46th Avenue, September 25, 1997 EXTENSIONS OF REMARKS 20243 Corona, NY 11368. This address represents reer as an intern in my office during college. Her volunteers range from teenagers to the gateway, our families "Ellis Island" to all Luis also worked in my Queens office before business people and include doctors, nurses, those who followed. Every single family mem­ returning to SUNY Purchase for his senior musicians, craftsmen, and artists. These indi­ ber and friend has crossed through those year. He returned to Washington, DC, 6 days viduals give of their time and energy, yet ben­ doors staying until they could establish them­ after graduation. efit just as much as the campers in terms of selves and ultimately their own place in this Their achievements and successes cannot the experiences they treasure for the rest of country. We have always called Corona home, only be attributed to Fausto but also to their their lives. My daughter April has volunteered up until the present day. Growing up and living loving mother Bachi. Beatriz is, has, and al­ for many years beginning in high school. I be­ together represent the close emphasis placed ways will be responsible for them. She has lieve that her experiences at the Civitan Camp on "La Familia." Together both families have worked and sacrificed her entire life to raise truly epitomize the beauty of this magical struggled, prospered and stayed together her children. It was her love and affection for place. The following is one such recollection. throughout the years. Although Edgar and her family throughout the years that kept them Flashlight ... check, raincoat ... check, Maria Moya now live up the street, four together. Their children should never forget junk food ... check. Definitely junk food, houses away, at 102-11 46th Avenue. They the sacrifices and hard work that was needed camp meals are always the pits. I am so ex­ continue to share in the joys of each others for their upbringing. Fausto and Bachi have al­ cited I can hardly pack. OK, show down, families. Their scms Francisco Paul Moya and ways stressed following the right path in life, April, or you're going to forget something important like your toothbrush. Edgar Ivan Moya have just celebrated their no matter how difficult it may seem. If there is one lesson that should follow us for the rest of Bright and early tomorrow morning I'll be graduations from St. John's University on Sep­ " on the road again." tember 21, 1997. our lives and we should pass onto future gen­ For two glorious weeks, I'll be roughing it Francisco "Ponch" received his bachelor of erations, is the love and respect for one's fam­ in the great outdoors. Camp doesn't offi­ arts degree in Asian Studies and Edgar his ily. Without having your family by your side cially open until Monday, but counselors masters degree in Spanish Literature. Edgar is one cannot stand alone. Loving your family for have to suffer through the long, boring ori­ also a member of my staff. He is my congres­ all their accomplishments is easy, loving them entation. You know, the stuff you already sional aide in my Corona office. with their faults is what makes us one. know, and if you didn't you wouldn't be here, right? Fausto and Bachi saw three more of their It has been a long road from Quito to Co­ rona. The Rosero family has been granted a As I sit eagerly waiting to discover who children born; Alex Antonio Rosero born on my wild camper will be for this session, I try October 20, 1968, Daisy Violeta Rosero born very special gift by an extremely special and to catch up on all the missed time with my on January 29, 1970, and finally Luis Alberto devoted father. What has been achieved, what Mississippi friends. " April Collins," Becky Rosero born on December 8, 1972. All five has been gained, what will be, is due to him. shouts clearly over the loud rumble in the children grew up in this household and in Co­ We will be his living legacy that he himself has small room. She is the camp director's right rona. With a firm emphasis placed on edu­ planted many years ago. May we never let leg. you down. "Here," I reply half worried and half re­ cation he sent his five children to St. Leo's lieved that I am at the beginning of the al­ Roman Catholic Elementary School. Prior to Mr. Fausto Rosero Basantes, you should be very proud of all your lifelong achievements phabet. I met Becky nervously midway arriving in this country, Fausto was a teacher across the room and receive the personal file and accomplishments. It is now time to sit in Ecuador. He taught for 6 years in El Normal on my mysterious camper. Catolico de los Hermanos LaSalles. He taught back, relax, and enjoy yourself. Fly those Ahal I got a baby. The 14-month-old girl is first thru fifth grades. In addition, he also friendly skies, let them take you places you blue-eyed Alicia Bounds. Oh, my goodness, I taught music, including guitar and the accor­ have always wanted to visit. After 30 years of am certainly going to get a workout; she is dion to the senior high school class. His love hard work at United Airlines you are entitled to 30 heavy pounds and can't walk. As I quickly sleep late and do whatever you please, but re­ and anxiously scan the rest of her file, I for music has been lifelong and is evident as learn she is blind, 90 percent deaf, has no he continues to play the piano. Fausto taught member one of your sayings, "El Tiempo Es Oro" make the most of it. muscle control, and has a lot of other com­ in the same school he received his own edu­ plications. It seems as if the list of disabil­ cation and the same church where he married ities goes on forever. I fear I am going to Beatriz Medina in over 38 years ago. HELPING OTHERS have a very challenging week. Their children are working and are in the But I can handle it. Last year I had a 9- process of beginning their own lives. Amparito HON. MAC COLLINS year-old boy who had to be fed through tubes Rosero attended Queens College, she now is in his stomach. I'll never forget the night I OF GEORGIA was feeding him supper and his tubes eased married to Hector Raul Cadena and have two IN THE HOUSE OF REPRESENTATIVES out. The doctor had to insert the tubes back sons, Christopher Mark Alexander Cadena, Thursday, September 25, 1997 in, which wasn't the most pleasant procedure who was the first born of the second genera­ to witness. tion, and Jonathan Gerardo Cadena, they Mr. COLLINS. Mr. Speaker, quite often as It's about time Monday got here! I am on above all represent his legacy as they begin Members of this House, we need to take a pins and needles with 50 other psyched coun­ the second generation. moment to step back and look into the hearts selors waiting for our campers to arrive. The Gerald Rosero, a former U.S. Marine, grad­ of our communities. There, sitting on the steps moment I saw Alicia, my heart went out to uated from Queens College with a bachelor of of our schoolhouses and talking on our her. Her eyes are bluer than blue, and her cute chubby cheeks are perfect for a Grand­ arts in economic. He is now married to Eliza­ parkbenches are individuals working to help mother to pinch. Now my job begins. I am beth del Toro and has a beautiful daughter, their neighbors in need. Such folk can be her so-called mother for a week. I bathe her, Miranda Nicole Rosero, the first grandaughter found in all parts of the country, and today I feed her, change her, comfort her, take her of the family. · wish to honor a group of individuals who dedi­ to arts and crafts, swimming, fishing, canoe­ Alex Rosero, attended the State University cate their lives to making others happy in Hat­ ing, music, and leisure. Alicia and I are of New York at Albany. He also graduated tiesburg, MS. For it is there that the Civitan going to be the best of pals for seven days. I with a bachelor of arts in economics. He now Camp for Citizens with Mental Retardation can tell her parents are ready for a vacation, lives abroad in Amsterdam, Netherlands, while makes uncommon acts of kindness everyday because her dad is giving signals to his wife to hurry up. I try to imagine the pain they working for Pepe Jeans International. occurrences. have been through. Daisy Rosero, also has attended Queens Mrs. Abbie Rogers, director of the camp for Alicia used to be the everyday normal College concentrating on art history and Span­ more than 37 years, began working with child, until three months of age when she ish secondary education. Daisy now works for handicapped children many years ago. She was diagnosed with having spinal meningitis. Rainbow Chimes, a nonprofit child care orga­ had a dream of providing the benefits of group After all the treatment and medication, this nization. recreation, crafts, friendships, and all the fun a is what has become of Alicia. She almost Luis A. Rosero attended and graduated camp can provide to these individuals who died during her illness, and sometimes even from the State University of New York, College overcome adversity with tremendous human I wonder if it would have been better if she had. at Purchase. He studied political science with spirit and strength of heart. With the generous First on "our" agenda was to take Alicia a minor in Latin American politics. He currently support of the Hattiesburg Civitan Club and on a tour of the camp, ending with a dip in works for my Washington office as my office the lti Kana Girl Scout Camp, Mrs. Rogers' the pool. My ears are still ringing from her administrator. He began his congressional ca- dream is now a reality for many children. temper tantrum. I guess I would have been 20244 EXTENSIONS OF REMARKS September 25, 1997 pretty scared too, if I were blind. But by the Mr. MARTINEZ. Mr. Chairman, the amend­ ernor of our State, Governor Wilson of Cali­ end of the week, she enjoyed cooling off in ment which Representative RIGGS offered to fornia. The Riggs amendment would reduce the water. Alicia absolutely adored the out­ the Labor, Health and Human Services, Edu­ the enforcement options of the Department of doors. We'd stay outside from dawn to dusk. She quickly soaked up a savage tan. cation and related agencies appropriations bill Education under the statute, thereby com­ Oh, and how Alicia loved to be rocked. I regarding the enforcement options available to pletely contradicting the bipartisan manner pampered her as though she was my first the Department of Education pertaining to used to craft the amendments. Section 616(a) born. Sure I got frustrated at times, as when youth with disabilities in adult correctional fa­ of the statute provides two enforcement ac­ she would cry for almost an hour straight. cilities under the Individuals with Disabilities tions available for use by the Department to But I drew in three big breaths and counted Education Act (IDEA) is an ill-advised and in­ ensure that States serve youth with disabilities to 10 very slowly. opportune amendment. As a member of the Alicia learned to sense my nearness to her. in adult correctional facilities: The withholding bipartisan working group which developed the She would becom e upset when she fe lt m y of a pro-rata share of Federal funding attrib­ IDEA amendments of 1997, I am strongly op­ absence. I was one of the few who could com­ utable to the population of youth with disabil­ posed to this amendment, as it would con­ fort h er . I can still picture her first and only ities in adult correctional facilities and the re­ smile. I don't recall what I did, bu t I had travene the carefully crafted bipartisan, bi­ tried so hard all week to change her facial cameral legislation signed into law only 3 ferral of the matter for appropriate enforce­ expression. And finally, a 11 ttle smile. months ago. ment action, including referral to the Depart­ We had a ball t hat week. Alicia was cer­ The IDEA ensures that all children with dis­ ment of Justice. This amendment would limit tainly a handful. I feel for her parents; I only abilities receive a free appropriate public edu­ the enforcement action available to the De­ had seven days of it . They have it the other cation. During the bipartisan negotiations on partment to only the reduction of funds there­ 358 days. by ensuring that many States would forgo the Each year I have a feeling of accomplish­ the IDEA amendments, several provisions ment. But t his past year I believe was the were added to the statute to give States in­ vital funds, and violate the act, to avoid serv­ most challenging and rewarding. The fact creased flexibility in serving the portion of dis­ ing this vulnerable population. that I could com m unicate and show my af­ abled youth who are incarcerated in adult cor­ Throughout the exchange of debate over fection t o her successfully has been my most rectional facilities. These provisions are: this issue both prior to and during floor consid­ satisfying experience. Through State statute or Executive order a eration, Mr. RIGGS asserted that the Depart- · Mr. Speaker, as the long hours of our days State may assign any public agency in the ment is overstepping its bounds by consid­ pass by at a blistering pace often leaving us State responsibility for ensuring compliance ering which option, reduction of funds or refer­ with a sense of being totally overwhelmed, we with the obligation to provide a free appro­ ral to Justice, to use in enforcing compliance need only take a moment to look at individuals priate public education . to youth with disabil­ such as Abbie Rogers or my daughter April , to ities incarcerated in adult prisons; States are with the statute. As Members can see, this as­ put things in perspective and think in terms of permitted to exempt the participation of youth sertion is clearly false. The statute clearly pro­ what really is important- helping others. This with disabilities incarcerated in adult prisons vides for the Department to use either option can be done in many and varied ways, but I on State-wide assessments; States are per­ in ensuring that this population will be served. hope that at the end of the day, we in Con­ mitted to exempt youth with disabilities whose I will remind Members that since the act re­ gress share the sense of accomplishment that eligibility under part B will end, because of quires that all children with disabilities, includ­ our efforts, though on a broader scale, are their age, before they will be released from ing those incarcerated in adult correctional fa­ rooted in the very same goal , which is to help prison from transition planning; and States cilities, receive a free appropriate public edu­ and serve the American people. may modify a youth's individualized education cation, the Department is required to use plan or the act's provisions related to least re­ every means at its disposal to ~nforce the law. strictive environment if the State has dem­ Congress should not be in the practice of lim­ DEPARTMENTS OF L ABOR, onstrated a bona fide security or compelling iting the enforcement options, especially HEALTH AND HUMAN SERVICES, penological interest. through the appropriations process, of this AND EDUCATION, AND RE LATED In addition to the exemption of these plan­ vital civil rights legislation. For too long, dis­ AGENCIES AP PROPRIATIONS ning and administrative requirements which abled individuals have been left without assur­ ACT, 1998 will result in huge cost savings, States no ance of educational opportunity. Now is not longer have to serve those youth with disabil­ SPEECH OF the time to turn the clock back and lessen our ities, aged 18 through 21, who were not identi­ commitment. HON. MATTHEW G. MARTINEZ fied, or did not have an individualized edu­ OF CALIFORNIA cation program, prior to their incarceration in The process used to reauthorize the IDEA IN T HE HOUSE OF REPRESENTATIVES an adult correctional facility. With these addi­ during the early portion of the 105th Congress was strongly bipartisan and produced legisla­ Wednesday, September 17, 1997 tional provisions there should be no obstacle to serving this population. tion which received nearly unanimous support The House in Committee of t he Whole Despite the acceptance of these numerous because Democrats and Republicans worked House on th e State of the Union had under provisions, Congressman RIGGS , having together. I am strongly disappointed that Mr. consideration t he bill (H.R. 2264) making ap­ signed off on this deal during the bipartisan RIGGS has sought to mischaracterize and un­ propriations for the Departments of Labor, Health and Human Services, and Education, negotiations on this bill , has sought to reopen dermine the bipartisan process we used to and related agencies for the fiscal year end­ the debate over whether youth with disabilities craft this historic legislation through the state­ ing Septem ber 30, 1998 , and for other pur­ in adult correctional facilities should be served ments he has made regarding this amend­ poses: purely due to political pressure from the Gov- ment.