October 11, 1998 EXTENSIONS OF REMARKS 25623 EXTENSIONS OF REMARKS

HONORING SOLVAY POLYMERS, company, annually produces 1.7 billion time, they did not have the capacity to handle INC., AND SOLVAY INTEROX, INC. pounds of high-density polyethylene and near­ large events. ly 800 million pounds of polypropylene at this Frank Campbell also understood the need HON. KEN BENTSEN site. This combined production level makes of families to have time to grieve for their OF TEXAS the site one of the world's largest plastic pro­ loved ones. By transferring the burden of plan­ IN THE HOUSE OF REPRESENTATIVES duction facilities. ning a funeral from the families to a funeral These plastics are used to make many Friday, October 9, 1998 home, Campbell eased the time of mourning. products essential to everyday life. For exam­ Frank Campbell's funeral home combines a Mr. BENTSEN. Mr. Speaker, I rise to con­ ple, high-density polyethylene is used to man­ peaceful and serene atmosphere with an at­ gratulate Solvay Polymers, Inc., and Solvay ufacture milk bottles, gas tanks, children's play tentive and courteous staff. Over the past one lnterox, Inc., Battleground Road Plant Site, toys, plastic bags, and liners. Polypropylene hundred years, the Frank E. Campbell Burial upon their selection by the La Porte/Bayshore products include food containers for products and Cremation Company has served families Chamber of Commerce as the 1998 Industry such as ketchup and syrup, carpet backing, from every strata of society including royalty of of the Year. Solvay's commitment to building and children's products such as car seats and many nations and members of the arts and a better future for the La Porte/Bayshore com­ high chairs. The site's new polypropylene gas­ entertainment world. Frank Campbell's makes munity has made it an example all industry phase line makes a special impact resistant a concerted effort to honor the individual in the can follow. polymer used to make automobile bumper fas­ style in which he or she lived. Solvay Polymers and Solvay Interox are cias and other car parts. · Over the past century, Frank E. Campbell subsidiaries of Solvay America, Inc., a holding The second company, Solvay lnterox, pro­ has become a landmark on the Upper East company for the Solvay Group, a multinational duces more than 100 million pounds of hydro­ Side of Manhattan. group of chemical and pharmaceutical compa­ gen peroxide each year. This product is used Mr. Speaker, I am honored to bring to your nies headquartered in Brussels, Belgium, with in the pulp and paper industry as a wood pulp attention the Frank E. Campbell Burial and operations in more than 40 countries. Some bleach and also has many environmental ap­ Cremation Company as it celebrates 100 600 employees and approximately 500 con­ plications such as wastewater treatment and years of serving New Yorkers in their times of tractors work at the two companies' Battle­ cleanup of contaminated soil. The company's grief. ground Road plant. Located on 274 acres, the high purity hydrogen peroxide is used as a plant in more than four decades has grown cleaning and etching agent in the semicon­ from a one-product site into the two busi­ ductor industry. The site also produces RAILROAD ECONOMIC REGULATION nesses that manufacture a wide range of persalts (percarbonates and perborates), products. which are used as color-safe brightener/de- HON. SPENCER BACHUS In addition to being an integral part of the odorizers for fabric detergents. · OF ALABAMA area economy, the two companies also con­ Mr. Speaker, I congratulate Solvay Poly­ IN THE HOUSE OF REPRESENTATIVES tribute greatly to the community. Their employ­ mers, Inc., and Solvay lnterox, Inc., on being Friday, October 9, 1998 ees participate in such organizations as La named the La Porte/Bayshore Chamber of Porte's Local Emergency Planning Council, Commerce 1998 Industry of the Year. This Mr. BACHUS. Mr. Speaker, Dr. Alfred E. Citizens' Advisory Council, La Porte Education honor is well deserved for their work in ex­ Kahn, the noted economist and "father of de­ Foundation, La Porte/Bayshore Chamber of panding business and job opportunities, pro­ regulation," has rightly earned our gratitude for Commerce, and Boys and Girls Harbor. The ducing products vital to our everyday lives, his work over the years. With all due respect, employees contribute almost 5,000 volunteer their commitment to environmental protection however, Dr. Kahn is doing himself and his hours annually to surrounding communities. and worker safety, and their many contribu­ many admirers a disservice in his continued The company's stated goal is for La Porte citi­ tions to the community. calls for increased economic regulation of the zens to feel that the community is a better freight railroad industry in this country. place because of their neighbors, Solvay Poly­ Dr. Kahn testified on April 22, 1998, before mers and Solvay lnterox. IN HONOR OF THE lOOTH ANNIVER­ the Subcommittee on Railroads of the Com­ Dedication to worker safety and environ­ SARY OF THE FRANK E. CAMP­ mittee on Transportation and Infrastructure. At mental performance has also been a hallmark BELL BURIAL AND CREMATION that hearing, he testified at length on his per­ of the two companies. Their employees ac­ COMPANY ception of anti-competitive conduct by the rail tively participate in the Chemical Manufactur­ industry and his suggestions on steps that ers Association's Responsible Care program, HON. CAROLYN B. MALONEY should be taken to alleviate such conduct. Dr. which promotes continuous improvement of OF NEW YORK Kahn has repeated his viewpoints at other health, safety, and environmental perform­ IN THE HOUSE OF REPRESENTATIVES times and in other venues in recent months, ance. Through a pollution prevention and including testimony to the Surface Transpor­ waste minimization program, the plant reduced Friday, October 9, 1998 tation Board. Most recently, an interview with emissions of government reportable waste Mrs. MALONEY of New York. Mr. Speaker, Dr. Kahn was the basis for an article in the compounds by 50 percent between 1987 and I rise today to pay tribute to the Frank E. October 5, 1998 issue of Traffic World. In that 1996. The site holds a charter membership in Campbell Burial and Cremation Company on interview, Dr. Kahn continues to advocate mis­ Clean Texas 2000, and employees are dedi­ the occasion of its centennial anniversary. On guided railroad reregulation .. cated to demonstrating a high level of commit­ Wednesday, October 21, Cardinal John At the April 22, 1998 hearing at which I was ment to the continued safe operations of the O'Connor will be a special guest at Frank E. present and engaged in considerable dis­ plant, along with the safety of the surrounding Campbell's 1OOth anniversary celebration. course with proponents of reregulation, Dr. community. In 1898, when Frank E. Campbell first Kahn was challenged by a number of experts The Battleground Road plant has a signifi­ opened the doors ol his funeral home, he rev­ in railroad economics and finance. In my opin­ cant history. Solvay's predecessor at the site, olutionized the way people thought about fu­ ion, his pronouncements were inconsistent Celanese Corporation, started plastic produc­ neral service. In the late nineteenth century, with operating and marketplace realities. I re­ tion at the plant in 1957, making it one of the most funerals were conducted in private spectfully submit he likewise errs on a number first sites to produce high-density poly­ homes. But since a majority of New York City of points in the recent Traffic World article, in­ ethylene. Today, Solvay Polymers, the plastics residents were living in apartments by this cluding the following:

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 25624 EXTENSIONS OF REMARKS October 11, 1998 Dr. Kahn's basic premise is that service by disguised regulation that has failed in the past Lodge, and for the people of Indiana's First a single railroad is equivalent to monopoliza­ and would fail again. Congressional District. Not only has he main­ tion and that competition does not now exist tained a lifelong membership with Lodge #27, for shippers. To the contrary, railroads face in­ Dr. Lenzo has been a lifelong leader of the tense competition from other railroads, from A TRIBUTE TO THE LATE MAYOR, Lodge. He is currently the financial secretary other modes such as trucks and barges, and ANTHONY E. O'BLOCK and the editor of the Lodge newspaper. As from other sources for the vast majority of Walter Lippman said, "The final test of a lead­ their traffic. Shippers of all types, including HON. RON KUNK er is that he leaves behind him in other men those which ,are served by only one railroad, OF PENNSYLVANIA the conviction and the will to carry on." Dr. almost always have ways to obtain competi­ IN THE HOUSE OF REPRESENTATIVES Lenzo's efforts in the community, in addition to tive transportation. And because of this com­ his nationwide efforts for peace, have certainly Friday, October 9, 1998 petition, rail customers exert meaningful power inaugurated an enduring legacy. For many in negotiating railroad r~tes and services. Mr. KLINK. Mr. Speaker, I rise today to years, he has worked to have the United Na­ In those relatively few cases wherein ship­ honor the memory of Anthony O'Biock, the tions designate a "Weekend of Prayer, Medi­ pers do not have effective transportation op­ distinguished and memorable first Mayor of tation, and Thought on the Futility of War and tions, existing maximum rate regulation pro­ Plum Borough. In his thirty years of service, the Desperate Need for Peace in the World." tects shippers form egregious railroad rates. In Mayor O'Biock, through his extraordinary com­ In his own words, "It will be a thankful day two recent cases, for example, two utilities mitment and diligence, placed the needs of his when we can once again live in peace . . . were awarded millions of dollars in reparations community front and center. He immigrated as peace in the world, peace within our nations, by the STB because they were deenied to a small child to the United States from Slo­ peace in our neighborhoods, peace in our have been charged unreasonably high rates venia and settled in Plum. streets." by the railroads that served them. In response His early life in Plum was extremely modest, Since he began his campaign for peace, Dr. to criticisms by Dr. Kahn and others that rate yet in the spirit of the American dream, he es­ Lenzo has met with great success. He has re­ reasonableness case procedures were cum­ tablished his own construction company, pre­ ceived positive responses from former Sec­ bersome, lengthy and expensive, expedited sided over the successful People's Bank of retary-General of the United Nations Boutros­ procedures for small shipper cases were re­ Unity, and was one of the most respected fig­ Boutros Ghali, Pope John Paul II, and Eliza­ cently implemented by the STB, though ship­ ures in Pennsylvania Democratic politics. De­ beth Taylor. Nearly all who hear Dr. Lenzo's pers have not taken advantage of them to spite his successes, he never forgot his roots, plea for peace commend him on his cam­ date. his family, or his neighbors throughout the bor­ paign. I also commend Dr. Lenzo for his activ­ Dr. Kahn is wrong in dismissing the likeli­ ough. His love for his community led him to ism, leadership, and ardent dedication to a hood of reduced investment in rail infrastruc­ tirelessly focus on the needs of others and of noble cause. This campaign is as poignant ture if mandated access forces rates too low. the entire borough. During his tenure, Plum now as it was in January 1991 when I first Under forced access, railroads would be un­ Borough gained recognition as a prosperous called your attention to it. As members of able to recoup the full costs of their invest­ community, both for businesses and for fami­ NATO stand poised to initiate air strikes in ment in their infrastructure. lies. Kosovo and Serbia, Dr. Lenzo's works remind Without the ability to cover total costs, rail­ Through his contributions to the growth and us of the gravity of the actions they con­ roads would be unable to maintain or increase the development of the Plum community, he template. As options are considered, his mes­ their investment commitment. This would lead expanded social and community services, at­ sage to these nations is to keep the goal of to deterioration and/or shrinkage of the na­ tracted business investment, and made the peace in sight. Dr. Lenzo's suggestion that we tional rail system and reduced service levels. Borough a truly exceptional place in which to step back and remember to whom we are ac­ Given the vital importance of transportation to live. All this was accomplished while keeping countable is as important now as it was then. the national and global economies, this is the taxes at an all time low, a truly remarkable Mr. Speaker, Dr. Tony Lenzo is an inspira­ last thing the national transportation system task. tion to us all. I ask that you and my distin­ needs. Mr. Speaker, I once again urge my col­ guished colleagues join me in commending Dr. Kahn is wrong in claiming that "struc­ leagues to rise in tribute to Mayor Anthony E. Dr. Lenzo for not only his award as Cesare tural remedies" such as mandated competitive O'Biock. Mayor O'Biock honored his family, Battisti Lodge #27's Member of the Year, but access would assure rail-to-rail competition his friends, and his community. He will forever also for his extraordinary campaign for world and permit market forces to determine rate be remembered as a friend and mentor to so peace. His superhuman efforts and selfless and service levels. In fact, under a system of many people. He will truly be missed. dedication are an example for every citizen of forced access, government bureaucrats would the United States to emulate. Northwest Indi­ have to regulate anew an incredible variety of ana is lucky indeed to have such a resident. price and operational decisions, creating a TRIBUTE TO DR. ANTHONY S. LENZO system of economic regulation that would be IN HONOR OF THE ATHENIANS far more costly and pervasive-and far less FEDERATION OF ATHENS CELE­ effective-than the current system. HON. PETER J. VISCLOSKY BRATION OF THE LIBERATION Proponents of mandated access, like Dr. OF INDIANA OF ATHENS Kahn, essentially advocate that freight rail­ IN THE HOUSE OF REPRESENTATIVES roads should be regulated on the basis of how many railroads serve an individual shipper, Friday, October 9, 1998 HON. CAROLYN B. MALONEY rather than on the presence or absence of Mr. VISCLOSKY. Mr. Speaker, it is with OF NEW YORK competition. They propose that access to a great pleasure that I rise before you to con­ IN THE HOUSE OF REPRESENTATIVES railroad's privately owned and maintained in­ gratulate one of Northwest Indiana's most Friday, October 9, 1998 frastructure by its competitors should be man­ noble, selfless, and dedicated individuals: Dr. Mrs. MALONEY of New York. Mr. Speaker, dated, and that the fees for access should be Anthony S. Lenzo, of Crown Point, Indiana. I rise today to pay tribute to the Athenian Fed­ set by regulation, not by competitive market On October 11, 1998, Dr. Lenzo will be hon­ eration of the United States of America and forces. This uneconomical reregulation of ored by the Cesare Battisti Lodge #27, as this Canada. The Association is organizing the freight railroads is an attempt to gain short­ year's Member of the Year. In addition to his twentieth Archieratical Tedeum to commemo­ term rate reductions for some shippers, at the many years of service to the Lodge, he is rate the Liberation of Athens from the Nazis expense of other rail customers, railroad in­ being honored for his tireless efforts as a com­ 54 years ago. vestors and society in general. munity leader. The official Archieratical Tedeum will be Deregulation of the U.S. railroad industr)t The Cesare Battisti Lodge #27 has been held at the Greek Orthodox Church Cathedral has led to tens of billions of dollars in savings honoring its most dedicated members since in New York City on Sunday, October 11, in since 1980 to shippers and, ultimately, to all of 1966. A lifelong member of the organization, the presence of the Consular, officials of the us. It would be a tragedy of enormous propor­ Dr. Lenzo serves as an excellent role model Greek community, Greek organizations and tions to jettison these gains in favor of cleverly for both members of the Cesare Battisti members of the Greek community. October 11, 1998 EXTENSIONS OF REMARKS 25625 The Tedeum commemorates the Liberation nam Prisoner of War and Member of Con­ extraordinary individual. With his impending of Athens from Nazi occupation by the Allied gress, has promised to place on the plight of acceptance of the Humanitarian of the Year Forces on October 12, 1944. the Montagnards. Our nation must strengthen award from the David Posnack Jewish Com­ On April 27, 1943, Nazi tanks entered Ath­ its efforts in gaining measurable Vietnamese munity Center, I wish to convey a heartfelt ens as the remnants of the British forces cooperation in processing applications for emi­ congratulations and many thanks to him for evacuated Greece. The citizens of Athens gration under the Orderly Departure Program his work benefiting the entire South Florida lived under the siege of Nazi terror and occu­ (ODP) and the Resettlement Opportunity for community. pation for three and a half years until liberation Vietnamese Returnees agreement (ROVR). when the Allied Forces hoisted a Greek flag We should expect and demand progress on all on the holy rock of Acropolis, signaling the of the Montagnard cases. These families have end of the occupation. The Greek flag re­ waited too long to be reunited with loved ones. WORLD POPULATION AWARENESS placed the flag of the Nazi regime which hung WEEK over the Acropolis of Athens throughout the occupation. IN HONOR OF MORT MEYERS The anniversary of the liberation is cele­ HON. CONSTANCE A. MORELLA brated annually in Athens and amongst Greek HON. PETER DEUTSCH OF MARYLAND communities here in the United States. OF FLORiDA Mr. Speaker, I am honored to bring to your IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES attention this important anniversary in the his­ tory of Greece, Greek citizens, and Greek­ Friday, October 9, 1998 Friday, October 9, 1998 Americans. The Athenian Federation of U.S.A. Mr. DEUTSCH. Mr. Speaker, I rise today to and Canada makes a remarkable effort to honor Mort Meyers, as he will soon be receiv­ Mrs. MORELLA. Mr. Speaker, in my capac­ keep the spirit of freedom alive with their an­ ing the Humanitarian of the Year award from ity as Co-Chair of the Congressional Coalition nual Archieratical Tedeum. I am proud to have the David Posnack Jewish Community Center on Population and Development, and on be­ such a strong Greek community in my district in Davie, Florida. Mort's record of public serv­ half of my fellow Co-Chair, Congressman and an organization such as the Athenians ice on behalf of the people of South Florida is SAWYER, I would like to share with our col­ Federation of U.S.A. and Canada to promote truly impressive and deserving of this formal leagues the following proclamation, endorsed issues of importance to this wonderful commu­ recognition. by 19 of our colleagues, regarding World Pop­ nity. Born in Detroit, Mort moved to Florida after ulation Awareness Week: his brother Dennis took up residence in WORLD POPULATION AWARENESS WEEK Miramar. After a series of sales jobs, Mort THE PLIGHT OF THE bought a coffee shop on Hollywood's City Hall World population stands today at more MONTAGNARDS Circle, where he and his wife Ethyl spoiled than 5.9 billion and increases by more than 80 million per year, with virtually all of this their customers rotten. Even Mort's mother growth in the least developed countries. HON. BOB ETHERIDGE . Gussie became involved, making her signa­ OF NORTH CAROLINA ture cakes and pastries that are now known A total of 1.3 billion people-more than the IN THE HOUSE OF REPRESENTATIVES combined population of Europe and North as "Gussie's Goodies." Africa-live in absolute poverty on the Friday, October 9, 1998 Times change, and so did the Meyers fam­ equivalent of one U.S. dollar or less a day; Mr. ETHERIDGE. Mr. Speaker, I rise today ily. Mort and his brother Dennis joined their fa­ 1.5 billion people-nearly one-quarter of the to bring the attention of the Congress to the ther in a surplus electronics and hardware world's population-lack an adequate supply Montagnard refugees from the Central High­ venture. After some rough times early on, the of clean drinking water or sanitation; more lands of Vietnam. family ultimately achieved a great deal of suc­ than 840 million people-one-fifth of the en­ The Montagnards were loyal allies of Amer­ cess. Today, Mort is involved with the family tire population of the developing. world-are hungry or malnourished. ican Special Forces and served bravely with business-Arco Distributors in Davie, Flor­ our U.S. military troops during the Vietnam ida-selling industrial adhesives, electronic Demographic studies and surveys indicate War. Montagnards have suffered terribly in components, and point of sale equipment. that in the developing world there are at least 120 million married women-and a large Vietnam for their religious and political beliefs However, Mort's devotion to his business is only part of his story. but undefined number of unmarried women­ at the hands of the Vietnamese Communists who want more control over their ferility and they continue to suffer. I strongly support Over the past 29 years since Mort Meyers but lack access to family planning. This human rights and strongly oppose persecution arrived in Florida, the community has bene­ unmet need for family planning is projected throughout the world; values at the heart of fited greatly due to Mort's presence. A Found­ to result in 1.2 billion unintended births. our faiths and our American democracy. ing Member of the Davie Coalition of Condos The 1994 International Conference on Popu­ Since 1986, my State of North Carolina has and Homeowners Associations, he has served lation and Development in Cairo determined been privileged to receive several hundred on the Davie Economic Development Council, that a combination of political commitment Montagnard refugees from the Central High­ the Davie/Cooper City Chamber of Com­ and appropriate programs designed to pro­ lands of Vietnam. There are over one thou­ merce's Economic Development · Committee, vide universal access to voluntary family sand Montagnards who now live in Greens­ the Davie Budget Committee, and the Davie planning information, education and services boro, Raleigh, and Charlotte, thanks to the Visions 2000 Committee. In addition, Mort was can ensure world population stabilization at Vice President of the Davie Democratic Club 8 billion or less rather than 12 billion or hard work and compassion of people of faith more. and human rights activists such as Lutheran and chairman of the South Broward Park Dis­ Family Services of North Carolina. The De­ trict. Mort also served with distinction on the We, the following members of the United Jewish Federation of Broward County's Board States House of Representatives are pleased partment of State has called the resettlement to support the week of October 24-31, 1998 as of this new immigrant community one of the of Directors. World Population Awareness Week, and urge most successful resettlement programs in the Much of Mort's time over the past 10 years all citizens to t al e cognizance of this eveni United States. has been devoted to his involvement at the and to participa te appropl' a tely ir its obser The Montagnards have become U.S. citi­ David Posnack Jewish Community Center. vation. zens, they enrich our nation, they are produc­ The award that the Center is bestowing on Constance A. Morella , Thomas C. Sa tive, proud people who love freedom and the Mort Meyers is surely a reflection of his dedi­ yer, Brad Sherman. Sam Gejdensorj, chance for survival that this nation has offered cation and hard work. He has been , involved Karen McCarthy, Lloyd Doggett, them. The Montagnards stood by our nation with the Center since the dedication of its land James P . McGovern, Elizabeth Furse, Maurice D. Hinchey, John Lewis, and now we should do all we can to insure site-serving on committees, donating money George E. Brown, Jr., Marcy Kaptur, that their family members are allowed to emi­ for camps or program scholarships, maintain­ Jim McDermott, Martin Frost, David grate from Vietnam. ing the building itself, and more. E. P rice, Benjam n A. Gi 1an, Nita M. I am encouraged by the emphasis Ambas­ Mr. Speaker, all who know him or k ow of Lowey, Caroly B. Malone , Tom Lan­ sador "Pete" Peterson, himself a former Viet- him will surely agree that Mort Meyers is an tos. 25626 EXTENSIONS OF REMARKS October 11, 1998 AUTHORIZING THE COMMITTEE ON ana's most distinguished citizens, Gary and District is proud to count two such dedicated, THE JUDICIARY TO INVESTIGATE Iris Greenbaum, of Munster, Indiana. On No­ conscientious citizens, Gary and Iris Green­ WHETHER SUFFICIENT GROUNDS vember 1, 1998, Gary and Iris will be honored baum, among her residents. EXIST FOR THE IMPEACHMENT for their exemplary and dedicated service to OF WILLIAM J E FFERSON CLIN­ our community and to the State of Israel. Their TON, PRESIDENT OF THE UNITED praiseworthy efforts will be recognized at the TRIBUTE IN ME MORY OF J UDGE STATES Northwest Indiana-Israel Dinner of State, as MARSHALL CRAIG they receive the 1998 Israel Builders of Free­ SPEECH OF dom Award. The Freedom Builder Awards are HON. JO ANN EMERSON HON. LOUIS STOKFS given each year to worthy recipients who dem­ OF MISSOURI OF OHIO onstrate their dedication and service to Israel, IN THE HOUSE OF REPRESENTATIVES the State of Israel Bonds, the Jewish commu­ IN THE HOUSE OF REPRESENT ATIVES Friday, October 9, 1998 nity, and our own community. The Green­ Thursday, October 8, 1998 baums are most certainly worthy recipients of Mrs. EMERSON. Mr. Speaker, I would like Mr. STOKES. Mr. Speaker, I rise in opposi­ this year's award. True community activists, to take this opportunity to eulogize a great · tion to the Hyde impeachment inquiry resolu­ Gary and Iris give much of their time to local man who lived in my Congressional District in tion. This is a sad day in the history of our Na­ charities and service organizations. These Sikeston, MO. Judge Marshall Craig died on tion when the majority in Congress continues community groups include the Munster Citi­ August 31 , 1998, at the age of 91. As an edi­ to search for an impeachable crime-in its on­ zens Police Commission, the Northwest Indi­ torial in the local newspaper written by Mike going political mission-to destroy the Presi­ ana Jewish Welfare Federation, the Gleaner Jensen stated "Judge Marshall Graig was in a dent of the United States. Food Depository, Temple Israel, Congregation league of his own. Universally respected and While the American people do not condone Beth Israel, and the local Jewish Federation. genuinely admired by all of those who knew the behavior of the President, they do want Gary and Iris, longtime residents of Munster, him . . . he leaves a legacy of community in­ him to have a fair hearing. The excessive in­ hale from Gary and Chicago, respectively. volvement, professional accomplishment and vestigation of President Clinton has gone too After both graduated from Indiana University, unparalleled admiration. We will likely not see far, and has gone on far too long. they returned to Gary's native region , North­ another of his caliber come along for many What is needed is a fair, common sense west Indiana, and have made our area their years." and responsible inquiry not a continuing witch permanent home. In 1971, Gary started his Judge Craig was born on February 10, hunt. The American people and the President career as an insurance agent. After a few 1907, near Hickman Mills in Jackson County, and his family deserve better. years gaining quality experience, in 1976 he MO, to the late Robert Lee and Theodocia So, Mr. Speaker, the matter at hand is not founded the Greenbaum Insurance Agency, Cowherd Craig. He graduated from high about whether to proceed with an impeach­ located in Griffith, Indiana; Iris also works for school in Columbia, MO, in 1926, from the ment inquiry. It is about how we should pro­ the Agency as its most important unpaid work­ University of Missiouri-Columbia in 1930, and ceed. We must first consider the constitutional er in her dual role as office manager and in­ from the University Missouri Law School in standard for such. For the sake of the Amer­ surance agent. Gary and Iris are the parents 1932. He played basketball for the Missouri Ti­ ican people and the Clinton family, this inquiry of two sons, Jason and Evan, of whom they gers, leading his team to the Big-Six Cham­ must be done fairly and concluded quickly. are immensely proud. Both Gary and Iris have pionship in 1930, as the team captain. He was I am concerned that the majority unilaterally their own interests outside of work and their selected to the First Team All-conference announced at a recent news conference that dedicated community activities. Gary is an an­ squad that same year. they intended to ask for an inquiry of impeach­ tique automobile buff, and Iris is a master gar­ Craig was an assistant U.S. Attorney in St. ment before considering the constitutional dener; both enjoy traveling together. They plan Louis, and later served as prosecuting attor­ standard for the impeachment of a President. on continuing their charity and community ney in Mississippi County. He served his We must begin with a consideration of the work, in addition to providing affordable, local country in the U.S. Army during World War II, constitutional standard for impeachment, a insurance services to Northwest Indiana resi­ prior to moving to Sikeston and joining the comparison of the allegations with the stand­ dents. Bailey Law Firm as a partner. He served four ard, and an examination of the sufficiency of In the words of Gary himself, "I believe terms as Circuit Judge and was then ap­ the evidence, before any vote is taken on con­ every Jew has the solemn responsibility to pointed as the first senior judge in the State of ducting formal inquiry proceedings. safeguard his brothers from oppression by Missouri. I firmly believe that we must rise above all helping to guarantee that Israel exists as a Judge Craig loved his family, church and partisan and political differences. Therefore, it haven where any Jew can choose his own community and took an active role in every or­ is imperative that the Congress and the Amer­ destiny." As America has served as a haven ganization he deemed important . . . and they ican people proceed with due caution and ap­ of freedom and opportunity for immigrants the were many. He received almost every honor propriate fairness to President Clinton and his world over, so her citizens now reach out and and award that existed in Sikeston. In Mr. family without allowing philosophical dif­ ensure that the freedom-loving peoples of the Jenson's editorial he stated, "If you wanted in­ ferences to divide us. President Clinton has world are safe and secure. To quote Thomas stant credibility on any board or for any issue led our country well , and like any other Amer­ Paine, "Those who expect to reap the bless­ or cause, the first name to surface was Mar­ ican citizen he has a right to due process. ings of freedom, must, like men, undergo the shall Craig. His reputation brought that degree As such, whatever our personal beliefs may fatigues of supporting it." No one is more de­ of authority and respect. To many of us, if be, we must work together to ensure that serving of the opportunity and freedom guar­ Marshall Craig thought it was a good idea, President Clinton is not denied that right. That anteed by America than Gary and Iris Green­ that was good enough for us." responsibility rests with each of us individually baum; their efforts have truly gone above and Judge Craig also had a profound effect on and collectively. beyond the call of duty. a member of my staff when he presided over Mr. Speaker, I ask my colleagues to oppose Mr. Speaker, I ask that you and my other the adoption proceedings of my Executive As­ the Hyde impeachment inquiry resolution. distinguished colleagues join me in congratu­ sistant, Kacky Garner, when C.W. and Lucille lating Gary and Iris Greenbaum for receiving Martin adopted her. Kacky has related to me COMMENDING GARY AND IRIS the 1998 Israel Builders of Freedom Award. that Judge Graig often told her that having GREENBAUM Their dedicated service to both the State of been involved in her adoption and then watch­ Israel and our Northwest Indiana community is ing her grow to adulthood in that happy home HON. PETER J. VISCLOSKY commendable and admirable. No government, was one of the nicest and most rewarding leader, or military can safeguard the twin OF INDIANA things he ever got to do as a Judge. blessings of freedom and opportunity without One son , Michael H. Craig of Memphis, TN , IN THE HOUSE OF REP RESENTATIVES the labors of dedicated, conscientious citizens. one daughter, Nancy McMahon of Sikeston; Friday, October 9, 1998 With their support, our world has become a four grandchildren and four great-grand­ Mr. VISCLOSKY. Mr. Speaker, it is my dis­ better place, a place of freedom, democracy, children survive Judge Craig. His wisdom, tinct honor to commend two of Northwest lndi- and opportunity. Indiana's First Congressional strength of character, and faith will never be October 11, 1998 EXTENSIONS OF REMARKS 25627 forgotten by all those who knew and respected Otis knew more about the golf swing than all ling against England and going through him. He was truly a great American. the golf professionals at Army Navy Country many hardships and conflicts. They did this Club combined. When you arrived at the club, for the cause of freedom. The war veterans, be it rain or shine, summer or winter you could the government of the United States, and DYSTONIA AWARENESS WEEK even U.S. citizens sacrificed during both always count on being greeted by a tip of the World War I and World War II, the Korean hat from Otis. War, the Vietnam War, and even the war on HON. RON PACKARD In the truest sense of the word-he was a Bosnia. They did this because they believed OF CALIFORNIA gentleman-who generously shared what he in fighting for people's rights and the gift of IN THE HOUSE OF REPRESENTATIVES had with all he encountered. freedom. Change often comes by sacrifice The members of Army Navy Country Club and that is what Americans have done. Friday, October 9, 1998 can consider themselves fortunate to have After imaging how I would have felt par­ Mr. PACKARD. Mr. Speaker, I rise today to known Otis, and worse off for having lost him ticipating in a war, I realized that times recognize Dystonia Awareness Week, October at such a young age. were pretty scary. It must have been hard 11-18, 1998. This important occasion was having bullets whizzing past your head, and To all his relatives I send my condolences. the ground shaking beneath your feet be­ brought to my attention by my constituent, Mr. Otis you will be missed but never forgotten. cause of cannon fire. It must have been hard Robert W. McCabe of Vista, California. running on the battlefield, dodging bullets, Dystonia is the third most common move­ with explosions all around you. It must have ment disorders after Parkinson's Disease and SPEECH GIVEN BY BEZALEL been hard living every day with the fear of Tremor, affecting over 300,000 people in BRIAN BENSON FOR THE DIS­ death, and not knowing if you will ever see North America alone. Dystonia is a neuro­ ABLED AMERICAN VETERANS your families again. logical disorder causing involuntary spasms AUXILIARY STATE CONVENTION Yet these war veterans who stood up to that are disabling and often extremely painful. their country succeeded during these hard­ ships because they had strength from God The American public knows little about HON. BARBARA LEE and a strong love for America. dystonia, and many people react to its phys­ OF CALIFORNIA When you have God in your life, and you ical manifestations by avoiding those who suf­ IN THE HOUSE OF REPRESENTATIVES love Him truly and honestly, and you call fer from the disorder. Greater recognition and Friday, October 9, 1998 upon Him for guidance, you will have an understanding of dystonia is much-needed in inner strength that no person or thing can both the medical and lay communities. I urge Ms. LEE. Mr. Speaker, I call your attention take away from you. A strength so powerful, all citizens to learn more about this disorder to the work of the Disabled American Veterans that not even the fear of death can destroy and to support those who are affected by it. Auxiliary (DAVA), Oakland Unit No.7 with stu­ it. I'm sure that these war veterans had strength from God and a strong love for There is no cure for dystonia at this time. In dents in my community. We are particularly proud of the speech that twelve year old America. 1997, however, the gene for early-onset gen­ Because of the veterans' efforts in these eralized dystonia was discovered, offering Bezalel Brian Benson delivered at the annual wars, they helped America become one of the hope for future research and development of Americanism program held February 14, 1998. greatest countries on the face of the earth. a possible cure. I would like to add my name The inspiring quality of this speech moves me Because of their love and sacrifice we live in to the list of supporters of dystonia research to share it with you. a nation today that is governed by a fair and and encourage every Member of Congress to Bez, as he is called, is an outstanding stu­ democratic government. Because of their ef­ do the same: dent at St. Joseph's Elementary School. He forts they helped protect not only the rights came to the attention of DAVA because of two of Americans over the years, but the rights In conclusion, Mr. Speaker, I invite my col­ of other people throughout the world as well. leagues to join me in recognizing October 11- essays which won first place in the DAVA State contests held in 1997 and 1998 entitled: I believe that all Americans should show 18, 1998 as Dystonia Awareness Week. appreciation for the veterans' tremendous ef­ "Why I Love America" and "What the Flag fort. We must realize that many people died Means To Me." The following is the text of his for us! We must realize that someone lost an A TRIBUTE TO HENRY OTIS speech of February 14th: arm, or lost their legs for the sake of our BARBOUR Good afternoon. To the California State freedom. So don't you think that we should Senior Vice Commander Donna Stennett, do our part, and give something back to junior State Commander Evonne Oden, Act­ them, by helping to make America the best HON. JOHN P. MURTIIA ing Commander of the Auxiliary for Unit #7 country it can be? Our veterans fought and OF PENNSYLVANIA Pat Kinzel, Co-chairman Gloria Almodovar; died for America, so shouldn't we take care IN THE HOUSE OF REPRESENTATIVES Members of the Auxiliary and honored of the country they loved, and continue to make it a better place for all of us? If we Friday, October 9, 1998 guests. It is a blessing to be here this afternoon. It don't, we will literally ruin and destroy our Mr. MURTHA. Mr. Speaker, I rise today to was an honor to win the overall contest of country, and all the efforts of our war vet­ pay tribute to Henry Otis Barbour, a long-time the district last year, and to win first place erans will be wasted. One person cannot employee of Army Navy Country Club, who in the California State Disabled American make America a great country. But if we all passed away suddenly on August 23, 1998. Veterans Essay Contest. I was also blessed try to be the best Christians we can be, America will continue to be a wonderful na­ Otis, as all the members at the club affection­ with receiving a personal letter from the President of the United States, President tion. ately called him, was the sixth of ten children Bill Clinton, a flag flown over our nation's If we do this, then the 12,000 Americans born to the late Richard and Helen Barbour. Capitol, and a letter of authenticity. who died for us in World War II alone would He was educated in the public school sys­ Over the last year, I have maintained my have died to make America a great country tems of Arlington County, Virginia and Wash­ status as an "A" student, I was appointed to and not for any reason at all. If we do this, ington D.C. When he was nine years old he the journalism team at St. Joseph Elemen­ then the men and women who died for our began frequenting Army Navy Country Club tary School, and again made it to the freedom, the men that lost their limbs, the retrieving golf balls in order to make a little school's spelling bee finals. Because of God's families whose men and women became wid­ blessings and freedom of our nation, these ows, the children who would never see their spending money. He continued this practice achievements were made possible. parents again will know that they fought for until he was offered a permanent position at At this time I would like to talk about a worthy cause. If we do this, America, will the club. why we should show appreciation through continue to be a great nation, and the war In every successful organization there are our actions for the war veteran's tremendous veterans' efforts will not be wasted. one or two individuals that directly contribute efforts. As Americans we must follow the example to its success; Otis was one of those special After learning about the history of Amer­ of the war veterans. In our everyday lives, people. For forty-four years he mastered near­ ica throughout my life, I have realized just we must show bravery, courage, and effort ly all the support services of the golf course­ how much effort, courage, and bravery it through our actions, whether it is in the took to make America a free country and a work force, taking care of a child, or trying from caddying, to maintaining the range, to great one as well. to make people's lives better through science servicing and maintaining more than 90 golf Over the years Americans have sacrificed and technology. We must take care of the carts, to helping members understand the intri­ for what they believed in. The 13 colonies in standards of living that the war veterans cacies of the golf swing. Many have said that North America sacrificed by bravely rebel- helped to give us. 25628 EXTENSIONS OF REMARKS October 11, 1998 If all the people in this diverse culture act laudable trade liberalization goals contained in Honorable D. French Slaughter, Jr. Our col­ in a superb manner everyday, then our coun­ the Transatlantic Economic Partnership leagues may recall that he represented the 7th try will be superb as well. That is why I (TEP)-a recently announced initiative be­ District of Virginia, areas of which are now would like to be the very best person I can be. I would like to follow the example of the tween the EU and the United States. part of the 1Oth District, which I represent. war veterans, and give something back to In response to a recent inquiry made by Mr. We don't have many heroes today, sadly, these courageous fighters. MATSUI regarding this issue, U.S. Trade Rep­ but French Slaughter was a true American I and many other youth my age will try to resentative Charlene Barshefsky stated that hero. He fought in World War II, was wounded do our best to continue to carry the torch for the administration would actively monitor the and decorated. When his country needed him, freedom. We should and we will have God as EU's commitment to transparent and non­ he went. the guidance of our lives as we try to lead trade distorting standards, including the pos­ He was also a true Virginia gentleman. He the United States into the 21st century. sible use of the World Trade Organization dis­ served in the General Assembly for 20 years. With God as my leader, I will try to walk on the roads of life with the Holy Spirit as pute settlement procedures. He was the father of the community college my light and I will try to use the lessons Congressman MATSUI and I are concerned system in Virginia. Mr. Slaughter and I worked that the war veterans have taught me to that the same problem may emerge in Japan. together in Congress to help save a number of overcome life's obstacles and challenges. The Japan is also considering a new wireless tele­ historic Civil War battlefields. We also worked war veterans have made a tremendous im­ communications standard and could adopt an together to help the Virginia Inland Port in pact on all our lives, and all of us as Ameri­ identical exclusionary standard as Europe, Front Royal, Virginia. cans must continue to carry the touch of which could have the same effect in Mr. Slaughter was a dedicated public serv­ freedom. ant. I was proud to call him my friend and to I would like to thank you for inviting me disadvantaging U.S. suppliers. here today, and I praise the Lord for allow­ Such actions by Japan and Europe threaten serve in Congress with him. We send our ing me to live in a country I love, the United to disrupt the fair and objective evaluation of deepest sympathies to his family. States of America. telecommunications standards currently under­ I would submit for the RECORD the obituary way at the International Telecommunications notice from the October 4, Washington Post. Union (ITU). If countries prematurely adopt D.F. SLAUGHTER DIES AT AGE 73; OPEN COMPETITION FOR THE U.S. standards and make them mandatory before CONGRESSMAN FROM VIRGINIA WIRELESS TELECOMMUNI- the ITU has fully evaluated different proposals (By Martin Weil) CATIONS INDUSTRY and had a chance to encourage harmoni­ Daniel French Slaughter Jr., who was zation, then a valuable opportunity to ensure elected to Congress four times as a Repub­ HON. Pl-iiUP M. CRANE fairness and consideration of global needs will lican from Virginia's 7th District, which in­ OF ILLINOIS have been lost. cludes parts of the Washington suburbs, died Oct. 2 in a nursing home in Charlottesville. IN THE HOUSE OF REPRESENTATIVES In the Americas, we have tried to build a consensus on how to approach the develop­ The 73-year-old lawyer, a Culpeper resident, Friday, October 9, 1998 had Alzheimer's disease. ment of wireless standards through the Inter­ Mr. Slaughter was elected to Congress in Mr. CRANE. Mr. Speaker, on behalf of my­ American Telecommunication Commission 1984 and announced in 1991 that he was re­ self, as chairman of the Ways and Means (CITEL). On September 18, a CITEL resolu­ signing after a series of mild strokes. Trade Subcommittee, and my distinguished tion was adopted to guide member states par­ The district he represented stretched from colleague and ranking member of the Sub­ ticipating in the ITU standards process. The Manassas southeast to Fredericksburg and committee, ROBERT MATSUI, I rise today to in­ guidelines were designed to ensure that the west to Charlottesville. While in Congress, form my colleagues of a critically important standards selection process does not ad­ Mr. Slaughter was known for providing resi­ telecommunications trade issue. While compa­ versely affect users and suppliers of existing dents of his district with a high level of con­ nies from around the world are busy devel­ stituent service. wireless networks based on U.S. technology, During one of his congressional campaigns, oping innovative new wireless telecommuni­ which must incorporate a new standard to pro­ a Democrat criticized Mr. Slaughter for cations devices, potentially serious roadblocks vide advanced services. The United States maintaining a low profile on Capitol Hill. to the free trade of these products are being strongly endorsed these principles and on "He does what he gets paid for, " a state Re­ erected in the form of exclusionary standards. September 30, formally asked Japan to adopt publican official said in his defense, " and The European Union (EU) is on the verge of similar principles as it considers its new wire­ that's why people like him." adopting legislation that would mandate the less standards. In 1991, after his retirement was an­ nounced, another state party official praised use of exclusionary third generation wireless As the representatives of the Ways and standards incompatible with existing Amer­ his integrity and said that he " epitomizes Means Trade Subcommittee, Mr. MATSUI and what is a real Virginia gentleman." ican-developed telecommunications equipment I urge our colleagues to insist that the tele­ While in Congress, Mr. Slaughter was and systems. If this measure were adopted, all communication markets in Europe and Japan viewed as one of the last Virginia officials other technologies, specifically American-de­ open themselves to American innovation, in who had sprung from the rural, conservative veloped technology, would be blocked from the same manner that American markets are political machine founded by the· late sen­ competing in Europe as a matter of law. open to foreign competition. ator Harry F. Byrd (D). In addition, the European Telecommuni­ We anticipate that this issue will be an im­ While serving in the General Assembly cations Standards Institute (ETSI) recently from 1958 to 1978, Mr. Slaughter supported portant one for the 106th Congress. The Con­ " massive resistance," a policy under which adopted a single third generation wireless gress, together with Office of the United many Virginia localities shut down the pub­ standard, Wideband COMA (W-CDMA), and States Trade Representative, will vigorously lic schools rather than integrate them. has submitted this one standard to the Inter­ monitor this important trade issue, ensuring Mr. Slaughter said later that he could not national Telecommunications Union (ITU) for that the worldwide market in this rapidly think of specific votes that he would change approval. This is an inappropriate role for Eu­ emerging technology is open for American-de­ if he had the chance. He added that he be­ rope's regulators: picking winners by adminis­ veloped technologies and standards. lieved " in equal opportunities for everyone." trative fiat. That is the role of the marketplace. Mr. Slaughter, who generally used his first These regulations will harm the United initial and was known as French, was born in Culpeper. He attended Virginia Military In­ States in numerous ways. American jobs will IN RECOGNITION OF THE HONOR­ stitute before serving in the Army infantry be lost, American-developed telecommuni­ ABLE D. FRENCH SLAUGHTER, in World War II, and receiving the Purple cations products and services will quickly be­ JR. Heart. come obsolete, and billions of dollars of Amer­ After the war, he graduated from the Uni­ ican investment that built telecommunications HON. FRANK R. WOLF versity of Virginia and its law school and practiced law in Culpeper. networks will be kept out of Europe's vast OF VIRGINIA marketplace. It should be noted that no such While in the General Assembly, he was re­ IN THE HOUSE OF REPRESENTATIVES garded as a key proponent of the state's arbitrary rules prevent European developed Friday, October 9, 1998 community college system. technologies from competing for customers in In Congress, he served on the Judiciary, the American market. Further, the EU's ac­ Mr. WOLF. Mr. Speaker, Virginians were Small Business, and Science, Space and tions in this regard run directly counter to the saddened to learn of the recent death of the Technology committees. He emphasized October 11, 1998 EXTENSIONS OF REMARKS 25629 issues of significance to the elderly, particu­ House of Representatives representing the Bank" prevents any effort to restore efficient larly health care. A Health Care Safety Ac­ Eighth Congressional District of Texas had market mechanisms and prevents any serious count bill he introduced would have allowed Kay Schulze not believed in me. For the past discussion for using gold as the money of tax credits for people older than 65 who set two years she had also served on my Texas up special savings accounts to pay health choice. care expenses. A & M University Agricultural Intern Selection All money managers in major countries In 1990, he boycotted a speech given to a Committee, interviewing and recommending decry currency controls by any individual joint congressional session by Nelson bright young students who she believes can country yet are now about to embark on a Mandela, now South Africa's president. He contribute to serving the constituents of our new world-wide approach to regulating all cap­ said he believed that Mandela refused to rule district. ital flows-a global economic plan to socialize out violence in the struggle against apart­ Kay Schulze is a phenomenal person with a all world credit. But, it won't work because the heid. wonderful intellect, an unshakable faith and a plan is deeply and inherently flawed. Survivors include a son, D. French Slaugh­ ter ill, of Charlottesville; a daughter, Kath­ very, very good heart. I am proud and blessed First, the plan demands additional appro­ leen Slaughter Smith, of Gilbert, Ariz.; a to call her my friend. priations to transfer wealth from the richer to brother, Johnson Slaughter, of Houston; and Recently, I. am sad to report, Kay rejoined the poorer nations through increased funding nine grandchildren. her family in Ohio as she continues her coura­ of the International Monetary Fund, World geous battle against cancer. But there is no Bank, Development Bank, and direct foreign spot on this Earth distant enough to reach be­ aid programs. TRIBUTE TO KAY SCHULZE yond the love, thoughts and prayers of her Second, it calls for more credit expansion by dedicated friends in Texas. the richer nations, more loan guarantees, and HON. KEVIN BRADY America is a better place today because of export-import bank credits and, indirectly, by OF TEXAS Kay Schulze. providing credit to the Exchange Stabilization IN THE HOUSE OF REPRESENTATIVES Fund and possibly to the Bank International Settlements. Friday, October 9, 1998 NEW GLOBAL ECONOMIC PLAN Third this plan calls for an international gov­ Mr. BRADY of Texas. Mr. Speaker, I rise ernment agreement to strictly control capital today to pay tribute to a very unique, special HON. RON PAUL flows and mandate debt forgiveness in con­ person-Kay Schulze of Bryan-College Sta­ OF TEXAS trast to allowing countries to default. Control­ tion, Texas. IN THE HOUSE OF REPRESENTATIVES ling swift movements of capital is impossible It's been said that a person has not lived a and any attempt only encourages world gov­ Friday, October 9, 1998 perfect day unless you have done something ernment through planning by a world fiat mon­ for someone who will never be able to repay Mr. PAUL. Global leaders are scurrying etary system. Any temporary "benefit" can you. By that measure, Kay has enjoyed many around to put together, as quickly as possible, only be achieved through an authoritarian ap­ a perfect day. a new plan to solve the international financial proach to managing the world economy, all Originally a native of Ohio, where much of crisis. done with the pretense of preserving financial her family still resides, Kay worked hard to put The world economies have been built on stability at the expense of national sovereignty her young husband through school. In a home generous credit expansion with each country and personal liberty. rich with love and faith, Kay raised four chil­ inflating their currencies at different rates. Ad­ Let there be no doubt, the current chaos is dren of whom she is unabashedly proud. She ditionally, each country has had different polit­ being used to promote a new world fiat mone­ didn't just teach, but practiced daily her strong ical, tax, and regulatory policies leading to var­ tary system while giving political powers to its belief that human dignity, economic freedom ious degrees of trust and stability. Economies managers. and individual responsibility are the character­ that have "enjoyed" inflationary booms, by Instead, we should be talking about aban­ istics that distinguish our nation. their very nature, must undergo a market cor­ doning the paper money system we have lived As her children entered their teenage years, rection. The market demands deflation of all with for 27 years. It has, after all, brought us Kay saw an opportunity to increase her citizen excesses, while the politicians and special in­ the current world-wide financial mess. duty-to-country and began volunteering in terests agitate for continued credit inflation. Free markets and stable money should be local Ohio elections for public office. It was an Under these circumstances, financial assets our goal, not further institutionalizing of world obligation she learned early in life through her may deflate in price but monetary inflation economic planning and fiat money at the sac­ uncle who served with distinction in the State continues and the currency is further depre­ rifice of personal liberty. Indeed, we need a Legislature of Ohio. In 1980 she proudly at­ ciated thus putting serious pressure on the serious discussion of the current crisis but so tended her first GOP national convention. dollar; as in the case of the United States. far no one should be encouraged by the direc­ Four years later Texas received the gift of Fluctuating fiat currencies, no matter how in­ tion in which the Group of 22 is going. Our re­ her enthusiasm and work ethic when her fam­ efficient as compared to a world commodity sponsibility here in the Congress is to protect ily moved to College Station, Texas. Kay wast­ monetary standard, function solely because the dollar, not to sit idly by as it's being delib­ ed little time in continuing her civic duty and exchange rates are allowed to fluctuate and erately devalued. sharing her wonderful leadership skills, serving currency movements across borders are freely as president of the Republican Women of permitted as capital seeks the most efficient Brazos County no less than three terms. Time . market. This process provides an indication STARTING TO USE THE NEWLY and time again she happily shouldered the when host countries need to . improve mone­ RATIFIED TREATY AGAINST time-consuming task of coordinating local get­ tary and fiscal policy. TORTURE AND OTHER CRUEL, out-the-vote phone banks and encouraged A gold standard solves capital flow prob­ INHUMAN OR DEGRADING young and old alike to become more involved lems automatically and avoids all currency TREATMENT OR PUNISHMENT in shaping the direction of our democracy. In­ speculation. Gold prevents excesses from de­ evitably, by unanimous acclamation, in 1990 veloping to any dangerous level. HON. BARBARA LEE Kay was honored as the Brazos County Vol­ Decades ago, the gold standard was aban­ OF CALIFORNIA unteer-of-the-Year by the Republican Party of doned and now our global planners want to IN THE HOUSE OF REPRESENTATIVES Brazos County. Somehow, through it all, she take another step to regulate all capital flows always makes time to be a good friend, wife, throughout the world thus removing the only Friday , October 9, 1998 mother and confidant to those in need of com­ good indicator left to warn of dangers ahead Ms. LEE. Mr. Speaker, I rise to call to the mon-sense advice. and the need for sound reform. The rapid attention of the Honorable Members of the Many citizens who serve in public office in transfer of capital around the world is the mes­ House, and the American people, the recently Brazos County, the Texas Legislature and in senger and not the cause. Killing the mes­ ratified Convention Against Torture and Other the halls of the United States Congress owe a senger will only hide and increase distortions Cruel, Inhuman or Degrading Treatment or great debt to the tireless efforts of Kay while prolonging the economic pain. Punishment. This is one of the five basic Schulze. I am delighted to admit that I would The proposal of the Group of 22 to regulate human rights treaties the United States has not now be serving my first term in the U.S. capital flows through a new "World Central ratified. 25630 EXTENSIONS OF REMARKS October 11, 1998 I am following the lead of Congressman force 26 June 1987, in accordance with article Article 5: 1. Each State party shall take RONALD V. DELLUMS, who read into the 27 (1) entry into force for the United States 21 such measures as may be necessary to estab­ RECORD important sections of the International October 1994 (President signed 18 April 1988; lish its jurisdiction over the offences re­ Convenant on Civil and Political Rights. It is see 136 Con g. Rec. S 17 491-2, October 1, ferred to in article 4 in the following cases: (a) When the offences are committed in important that its provisions become part of 1990. any territory under its jurisdiction or on our thinking and that we carry out our treaty The States Parties to this Convention, board a ship or aircraft registered in that commitments as we build enforcement of . Considering that, in accordance with the State; human rights law throughout this country at principles proclaimed in the Charter of the (b) When the alleged offender is a national the federal, state and local levels. Our work United Nations, recognition of the equal and of that State; inalienable rights of all members of he against torture and other illegal practices in human family is the foundation of freedom, (c) When the victim is a national of that this country will strengthen work against tor- justice and peace in the world, State if that State considers it appropriate. ture in other countries. Recognizing that those rights derive from 2. Each State Party shall likewise take This Convention Against Torture entered the inherent dignity of the human person, such measures as may be necessary to estab­ lish its jurisdiction over such offences in into force for the United States on October Considering the obligation of States under cases where the alleged offender is present in 21st, 1994 with no fanfare or coverage by the the Charter, in particular Article 55, to pro­ any territory under its jurisdiction and it media. By ratifying this Convention, the United mote universal respect for, and observance S of, human rights and fundamental freedoms, does not extradite him pursuant to article 8 tates made it part of the supreme law of the Having regard to article 5 of the Universal to any of the States mentioned in paragraph land under the U.S. Constitution, Article VI, Declaration of Human Rights and article 7 of I of this article. paragraph 2. And the U.S. Government com- the International Covenant on Civil and Po­ 3. This Convention does not exclude any mitted itself to take three steps: litical Rights, both of which provide that no criminal jurisdiction exercised in accordance 1. To publicize the text throughout the na- one shall be subjected to torture or to cruel, with internal law. Article 6: 1. Upon being satisfied, after an tion, including notifying the states to publicize inhuman or degrading treatment or punish- examination of information available to it, the text at the state and local levels; ment, ... that the circumstances so warrant, any 2. To prepare a report on "the measures Desiring to make more effective the strug- gle against torture and other cruel, inhuman State Party in whose territory a person al­ they have taken to give effect to their under- or degrading treatment or punishment leged to have committed any offence referred takings" under the treaty within one year after throughout the world, Have agreed as fol­ to in article 4 is present shall take him into its entry into force, and every four years there- lows: custody or take other legal measures to en­ after; PART I sure his presence. The custody and other 3. To meet with the UN Committee Against legal measures shall be as provided in the Article 1:1. For the purposes of this Con­ law of that State but may be continued only Torture after filing each report in order to work vention, the term " torture" means any act by which severe pain or suffering, whether for such time as is necessary to enable any toward compliance with all provisions of the criminal or extradition proceedings to be in­ Convention in all federal agencies and at the physical or mental, is intentionally inflicted on a person for such purposes as obtaining stituted. state and local levels. from him or a third person information or a 2. Such State shall immediately make a The treaty describes at length what the confession, punishing him for an act he or a preliminary inquiry into the facts. United States and all signatory nations must third person has committed or is suspected 3. Any person in custody pursuant to para­ do to stop torture. Article 16 commits each na­ of having committed, or intimidating or co­ graph I of this article shall be assisted in tion to take the same steps to stop cruel, inhu­ ercing him or a third person, or for any rea­ communicating immediately with the near­ son based on discrimination of any kind, est appropriate representative of the State of man or degrading treatment or punishment. In which he is a national, or, if he is a stateless order to stop both kinds of practices, the when such pain or suffering is inflicted by or at the instigation of or with the consent or person, with the representative of the State United States made a commitment in Article acquiescence of a public official or other per­ where he usually resides. 10 to "ensure that education and information son acting in an official capacity. It does not 4. When a State, pursuant to this article, regarding the prohibition against torture [and include pain or suffering arising only from, has taken a person into custody, it shall im­ other cruel, inhuman or degrading treatment or inherent in or incidental to lawful sanctions. mediately notify the States referred to in ar­ punishment] are fully included in the training of 2. This article is without prejudice to any ticle 5, paragraph 1, of the fact that such per­ law enforcement personnel, ...", as I will international instrument or national legisla­ son is in custody and of the circumstances read in full later. tion which does or may contain provisions of which warrant his detention. The State wider application. which makes the preliminary inquiry con­ I am happy to report to the House, and to Article 2: 1. Each State Party shall take ef­ templated in paragraph 2 of this article shall the American people, that experience with UN fective legislative, administrative, judicial promptly report its findings to the said human rights treaties is that the reporting or other measures to prevent acts of torture States and shall indicate whether it intends process works. Studies show that 32 out of 36 in any territory under its jurisdiction. to exercise jurisdiction. countries have improved their human rights 2. No exceptional circumstances whatso­ Article 7:1. The State Party in the terri­ laws after going through the reporting process ever, whether a state of war or a threat of tory under whose jurisdiction a person al­ war, internal political in stability or any leged to have committed any offence referred more than once. The method of enforcement other public emergency, may be invoked as a is familiar to many of us: it is the mobilization to in article 4 is found shall in the cases con­ justification of torture. templated in article 5, if it does not extra­ of shame. The Committee hears from a gov­ 3. An order from a superior officer or a dite him, submit the case to its competent ernment, dialogues with officials of that gov­ public authority may not be invoked as a authorities for the purpose of prosecution. ernment, makes its report, which it discusses justification of torture. 2. These authorities shall take their deci­ with that government, and then can report its Article 3: 1. No State Party shall expel, re­ turn ("refouler") or extradite a person to an­ sion in the same manner as in the case of findings to the UN General Assembly. other State where there are substantial any ordinary offence of a serious nature However, the United States has not yet filed grounds for believing that he would be in under the law of that State. In the cases re­ its first report, due Oct. 21, 1995. The second danger of being subjected to torture. ferred to in article 5, paragraph 2, the stand­ U.S. report will be due Oct. 21 , 1999. Each re­ 2. For the purpose of determining whether ards of evidence required for prosecution and conviction shall in no way be less stringent port by the UN Committee Against Torture there are such grounds, the competent au­ thorities shall take into account all relevant than those which apply in the cases referred must mention that the U.S. has not met its to in article 5, paragraph 1. · treaty obligations to date. considerations including, where applicable, the existence in the State concerned of a 3. Any person regarding whom proceedings I now offer several pages of excerpts from consistent pattern of gross, flagrant or mass are brought in connection with any of the the Convention. All deletions are marked violations of human rights. offences referred to in article 4 shall be guar­ with . . .. The full treaty is available in Inter­ Article 4: 1. Each State Party shall ensure anteed fair treatment at all stages of the national Legal Materials, Volume 23, page that all acts of torture are offences under its proceedings. 1027 and Volume 24 at p. 535 (1985). Con­ criminal law. The same shall apply to an at­ Article 8:1. The offences referred to in arti­ tempt to commit torture and to an act by cle 4 shall be deemed to be included as extra­ vention against Torture and Other Cruel, Inhu­ ditable offences in any extradition treaty ex­ man or Degrading Treatment or Punishment any person which constitutes complicity or participation in torture. isting between States Parties. States Parties Adopted and opened for signature, ratification 2. Each State Party shall make these undertake to include such offences as extra­ and accession by General Assembly resolu­ offences punishable by appropriate penalties ditable offences in every extradition treaty tion 39/46 of 10 December 1984 entry into which take into account their grave nature. to be concluded between them. October 11, 1998 EXTENSIONS OF REMARKS 25631 2. If a State Party which makes extra­ not be invoked as evidence in any pro­ 4.... After its initial meeting, the Com­ dition conditional on the existence of a trea­ ceedings, except against a person accused of mittee shall meet at such times as shall be ty receives a request for extradition from an­ torture as evidence that the statement was provided in its rules of procedure. other State Party with which it has no ex­ made. 5. The States Parties shall be responsible tradition treaty, it may consider this Con­ Article 16: 1. Each State Party shall under­ for expenses incurred in connection with the vention as the legal basis for extradition in take to prevent in any territory under its ju­ holding of meetings of the States Parties and respect of such offences. Extradition shall be risdiction other acts of cruel, inhuman or de­ of the Committee, including reimbursement subject to the other conditions provided by grading treatment or punishment which do to the United Nations for any expenses, such the law of the requested State. not amount to torture as defined in article I, as the cost of staff and facilities, incurred by 3. States Parties which do not make extra­ when such acts are committed by or at the the United Nations pursuant to paragraph 3 dition conditional on the existence of a trea­ instigation of or with the consent or acquies­ of this article. ty shall recognize such offences as extra­ cence of a public official or other person act­ Article 19: 1. The States Parties shall sub­ ditable offences between themselves subject ing in an official capacity. In particular, the mit to the Committee, through the Sec­ to the conditions provided by the law of the obligations contained in articles 10, 11, 12 retary-General of the United Nations, re­ requested State. and 13 shall apply with the substitution for ports on the measures they have taken to 4. Such offences shall be treated, for the references to torture of references to other give effect to their undertakings under this purpose of extradition between States Par­ forms of cruel, inhuman or degrading treat­ Convention, within one year after the entry ties, as if they had been committed not only ment or punishment. into force of the Convention for the State in the place in which they occurred but also 2. The provisions of this Convention are Party concerned. Thereafter the States Par­ in the territories of the States required to without prejudice to the provisions of any ties shall submit supplementary reports establish their jurisdiction in accordance other international instrument or national every four years on any new measures taken with article 5, paragraph 1. law which prohibits cruel, inhuman or de­ and such other reports as the Committee Article 9:1. States Parties shall afford one grading treatment or punishment or which may request. another the greatest measure of assistance relates to extradition or expulsion. 2. The Secretary-General of the United Na­ in connection with criminal proceedings PART II tions shall transmit the reports to all States brought in respect of any of the offences re­ Article 17: 1. There shall be established a Parties. ferred to in article 4, including the supply of Committee against Torture (hereinafter re­ all evidence at their disposal necessary for ferred to as the Committee) which shall the proceedings. . . . carry out the functions hereinafter provided. ON THE REAL STORY ABOUT Article 10:1. Each State Party shall ensure The Committee shall consist of ten experts WORKERS' COMPENSATION FRAUD that education and information regarding of high moral standing and recognized com­ the prohibition against torture are fully in­ petence in the field of human rights, who HON. DENNIS J. KUCINICH cluded in the training of law enforcement shall serve in their personal capacity. The personnel, civil or military, medical per­ experts shall be elected by the States Par­ OF OHIO sonnel, public officials and other persons ties, consideration being given to equitable IN THE HOUSE OF REPRESENTATIVES who may be involved in the custody, interro­ geographical distribution and to the useful­ Friday, October 9, 1998 gation or treatment of any individual sub­ ness of the participation of some persons Mr. KUCINICH. Mr. Speaker, I rise to jected to any form of arrest, detention or im­ having legal experience. prisonment. 2. The members of the Committee shall be present the findings of a significant, new re­ 2. Each State Party shall include this pro­ elected by secret ballot from a list of persons port on workers' compensation fraud, prepared hibition in the rules or instructions issued in nominated by States Parties. Each State for the Injured Workers Bar Association. The regard to the duties and functions of any Party may nominate one person from among report finds that allegations of fraud due to such person. its own nationals.... false worker's claims are far out of proportion Article 11: Each State Party shall keep 3. Elections of the members of the Com­ to their occurrence. I ask that my colleagues under systematic review interrogation rules, mittee shall be held at biennial meetings of consider these findings. instructions, methods and practices as well States Parties convened by the Secretary­ as arrangements for the custody and treat­ General of the United Nations. At those WORKER'S COMPENSATION FRAUD: THE REAL ment of persons subjected to any form of ar­ meetings, for .which two thirds of the States STORY rest, detention or imprisonment in any terri­ Parties shall constitute a quorum, the per­ (Prepared by the Labor Research Associa­ tory under its jurisdiction, with a view of sons elected to the Committee shall be those tion, Greg Tarpinian, executive director) preventing any cases of torture. who obtain the largest number of votes and Executive Summary Article 12: Each State Party shall ensure an absolute majority of the votes of the rep­ Escalating workers' compensation insur­ that its competent authorities proceed to a resentatives of States Parties present and ance premiums in the late 1980s and early prompt and impartial investigation, wher­ voting.... 1990s set off a series of unsubstantiated ever there is reasonable ground to believe 5. The members of the Committee shall be charges about widespread claimant fraud as that an act of torture has been committed in elected for a term of four years. They shall a major cost driver in the workers' com­ any territory under its jurisdiction. be eligible for re-election if renomi­ pensation system. A number of states passed Article 13: Each State Party shall ensure nated.... anti-fraud legislation and began to pursue that any individual who alleges he has been 6. If a member of the Committee dies or re­ signs or for any other cause can no longer fraud cases and to collect information about subjected to torture in any territory under fraud on a serious basis. These efforts have its jurisdiction has the right to complain to, perform his Committee duties, the State Party which nominated him shall appoint uncovered no evidence to support the and to have his case promptly and impar­ charges of widespread claimant fraud and, in tially examined by, its competent authori­ another expert from among its nationals to fact, have revealed that employer fraud is a ties. Steps shall be taken to ensure that the serve for the remainder of his term, subject far larger drain on the system. The mis­ complainant and witnesses are protected to the approval of the majority of the States placed focus on claimant fraud has created against all ill-treatment or intimidation as a Parties.... an atmosphere of fear and intimidation for consequence of his complaint or any evi­ 7. States Parties shall be responsible for the expenses of the members of the Com­ injured workers with legitimate claims. It dence given. has also distracted policymakers, law en­ Article 14: 1. Each State Party shall ensure mittee while they are in performance of Committee duties. forcement officials and the public from the in its legal system that the victim of an act Article 18: 1. The Committee shall elect its real fraud problem in workers' compensa­ of torture obtains redress and has an en­ officers for a term of two years. They may be tion: employer fraud. forceable right to fair and adequate com­ re-elected. Dramatic increases in workers' compensa­ pensation, including the means for as full re­ 2. The Committee shall establish its own tion premiums throughout the late 1980's and habilitation as possible. In the event of the rules of procedure, but these rules shall pro­ early 1990's fueled unsubstantiated charges death of the victim as a result of an act of vide, inter alia, that: that costs were high in part because workers torture, his dependants shall be entitled to (a) Six members shall constitute a quorum; abused the system, fraudulently collecting compensation. (b) Decisions of the Committee shall be benefits for faked injuries or remaining on 2. Nothing in this article shall affect any made by a majority vote of the members benefits far longer than their recovery re­ right of the victim or other persons to com­ present. quired. The American Insurance Association pensation which may exist under national 3. The Secretary-General of the United Na­ estimated fraud losses at 10% of the cost of law. tions shall provide the necessary staff and claims paid, or about $3 billion. The National Article 15: Each State Party shall ensure facilities for the effective performance of the Insurance Crime Bureau doubled the ALA's that any statement which is established to functions of the Committee under this Con­ estimate to $6 billion, even though it was in­ have been made as a result of torture shall vention. volved in only 99 fraud prosecutions in 1994 25632 EXTENSIONS OF REMARKS October 11, 1998 and 134 in 1995 nationwide. The Coalition Fraud Unit opened 116 investigations, lead­ than workers' compensation, employers dis­ Ag·ainst Insurance Fraud adopted the AlA's ing to 10 claimant fraud prosecutions and couraging workers from filing workers' com­ estimate. One insurance company president five employer fraud prosecutions, and quick­ pensation claims and firing workers who file put the cost of workers' compensation fraud ly discovered that the employer cases ac­ claims. at $30 billion a year. These huge numbers counted for a large portion of the dollar Recognizing the Real Fraud grabbed the attention of the public and pol­ value involved. While some states and the media continue icyholders. The presumption in the press and New York's massive 1996 workers' com­ to focus on claimant fraud, states that have in the state houses was that fraud was ramp­ pensation legislation, including its fraud pursued workers' compensation fraud in a se­ ant and that most workers' compensation provisions, resulted a directly from employer rious way are now concluding that the em­ fraud was claimant fraud. claims that workers' compensation costs phasis on claimant fraud is misplaced, and Since that time, more than half of the were out of control. New York State Con­ employer fraud is by far the greater problem. states have passed legislation on workers' troller H. Carl McCall announced flatly in According to Jerry D. Stewart, the bureau compensation fraud, with most of the laws October of 1997, " Fraud is a factor in New chief of workers' compensation/law enforce­ directed primarily at claimants. Thirty­ York's compensation costs." A statement ment operations at the Division of Insurance three states currently have active workers' from his office made the link between rising Fraud in Florida. ''Historically, there has compensation insurance fraud units, many of costs and the presumption of widespread been a common presumption that those com­ them geared to fighting claimant fraud. In fraud, stating that, " In response to the high mitting the most costly type of workers' every State, some claimant fraud has been cost of workers' compensation, reforms compensation fraud have been claimants discovered; publicity about these cases has aimed at fraud detection and prosecution whose actions, such a double-dipping or created a deterrent for workers who might were enacted in 1996." But according to the claims for false injuries, drove up the cost of contemplate fraudulent claims. But it has New York State Insurance Department's an­ workers' compensation insurance. While also created an atmosphere that Frederick nual report on insurance fraud, workers' claims fraud is a significant problem in Flor­ Hill, California analyst for Firemark Re­ compensation fraud represented only 3% of ida it pales in comparison with the occult search of New Jersey, describes as the " un­ all the fraud reports in the state in 1996, the type of fraud known as 'premium fraud,' warranted and anecdotal vilification of the year that the legislation was passed. where loss estimates range around $400 mil­ work force." Of the more than $6 million in insurance lion. Stewart notes that, "Premium fraud In its extensive investigation of workers' fraud documented in the New York report, scams are costly to companies in Florida, compensation fraud, the Santa Rosa Press workers' compensation claimant cases ac­ causing workers compensation insurance Democrat concluded that, "The perception counted for less than 2%. The report cited rates to escalate and legitimate companies that workers are cashing in by faking or ex­ cases of pharmacists, physicians, and med­ to lose business because they are less able to aggerating injuries has created a climate of ical clinics making a total of almost $3 mil­ compete with companies shirking the sys­ mistrust in which every person who is in­ lion in fraudulent claims. Three cases of pre­ tem.'' jured and files a claim can become the sub­ mium embezzlement totaled over half a mil­ In Florida, the construction industry, the ject of suspicion by insurance adjusters, doc­ lion dollars. The report cited only five cases state Workers' Compensation Oversight tors and industry lawyers." Perhaps most of claimant fraud totaling $107,300. Like Board, and the House of Representatives importantly, the fixation on claimant fraud other states that are pursuing workers' com­ Committee on Financial Services all lobbied has distracted pollcymakers, enforcement pensation fraud, New York is quickly discov­ for increased enforcement of premium fraud agencies, and the public from growing evi­ ering that the real drain on the system and stiffer penalties for employers. Since dence of the real problem: millions of dollars stems from employer and provider fraud. 1996, Florida has turned its attention to pre­ in employer and provider fraud. Common Forms of Employer Fraud mium fraud, with dramatic results. Florida Fixation on Claimant Fraud The best evidence from the states that now has a special strike force mobilized sole­ Few experts believe that claimant fraud is have pursued fraud and generated detailed ly to fight premium fraud. The state pros­ a major cost driver in workers' compensa­ records indicates that for every $1 lost in ecutor has also impaneled a statewide grand tion. But some estimates, including those claimant fraud, at least $4 to $5 (and in some jury to hear complex insurance fraud adopted by California Governor Pete Wilson, states as much as $10) are lost through pre­ schemes such as premium fraud. During the suggest that fraud accounted for 25% of all mium fraud. Premium fraud includes a num­ last months of 1997, 11 persons were charged · employers' workers' compensation costs and ber of schemes used by employers to reduce with racketeering and schemes to defraud, 10% of the claims. In California, a wave of the workers' compensation insurance pre­ which involved $7.5 million in workers' com­ legislation in the late 1980s and early 1990s miums by underreporting payroll, pensation premium fraud losses. was fueled by allegations from employers misclassifying employees' occupations and In one case, a Palm Beach leasing firm that workers' compensation costs were too misrepresenting their claims experience. Ac­ misclassified employees and underreported high and that fraud was rampant in the sys­ cording to the National Council on Com­ their payroll, thus avoiding payment of more tem. But between 1979 and 1991, insurance pensation, the most common frauds include: than $800,000 in workers' compensation in­ carriers in California reported only 532 cases Underreporting pay:roll. Employers reduce surance premiums. Another case involved of alleged fraud. their premiums by not reporting parts of the underreporting of payroll at a large fruit According to the Santa Rosa Press Demo­ work force, paying workers off the books or harvesting company, with fraud charges to­ crat, " Some insurance companies saw fraud creating a companion corporation to hide a taling $3.5 million. Yet another employer in as a way to explain why premiums were soar­ portion of the employees. central Florida was charged with defrauding ing, and politicians and the media jumped on Declaring independent contractors. Em­ insurers of $2 million while operating one of the bandwagon." The Press Democrat found ployers avoid premium payments for em­ the state's largest temporary employment that, "While some insurance companies ployees by classifying them as independent agencies. The employer disguised the high­ claim one out of three workers lie about contractors even though they are legally em­ risk nature of the work done by many of the their injuries, or 33%, the actual number of ployees. employees, concealed its claims history, pre­ fraud cases sent to prosecutors is less than 1 Misclassifying workers. Employers inten­ vented insurance companies from conducting out of 100, or less than 1%. tionally misrepresent the work employees do audits and lied on applications for workers' In its estimates of fraud within its own to put them in less hazardous occupational compensation insurance. In January of 1998, State, Kentucky reversed California's esti­ categories and reduce their premiums. two Florida insurance executives and their mate of fraud accounting for 10% of claims Misrepresenting claims experience. Em­ attorney were charged with multiple crimi­ and 25% of costs, saying that " as much as ployers hide previous claims by classifying nal counts in connection with the $100 mil­ 25% of all workers' compensation claims in­ employees as independent contractors or lion collapse of two insurance companies volve some element of fraud, accounting for leased employees or creating a new company caused by kickbacks to reduce workers' com­ 10% of paid premium." Kentucky then cal­ on paper. pensation premiums. culated its own fraud losses as $60 million a Employers deliberately underestimate em­ Under a state law that took effect in 1994, year. It noted, however, that " while the ex­ ployment projections at the beginning of the Wisconsin's Division of Workers' Compensa­ tent of the fraud cannot be quantified, there premium year and essentially receive an in­ tion now collects information and issues an­ is no doubt that workers' compensation terest-free loan from the insurance company nual reports on fraud. In 1994, the division fraud is in the public eye. Reports of fraud for the amount that would have been re­ referred to the district attorney five cases of . . . are proliferated by the media." quired to insure new employees . claimant fraud, involving $44,674, out of High workers' compensation costs led to In addition to premium fraud, employers 73,678 work-related injuries reported for the more anti-fraud efforts. The Arkansas legis­ often fail to purchase workers' compensation year. In its 1997 study, the division concluded lature created the Workers' Compensation insurance, despite state laws mandating that that, " There is no evidence that criminally Fraud Investigation Unit in 1993, in response they do so. There are also reports of employ­ prosecutable fraud is more than one percent to then-escalating workers' compensation ers instructing injured workers to seek of all reported claims in Wisconsin-a far cry costs. In its first year ·of operation, the new treatment under group health insurance from the 20-30% estimates thrown about October 11, 1998 EXTENSIONS OF REMARKS 25633 elsewhere." In 1996, there were 152 allega­ lion in workers' compensation insurance pre­ Newer forms of fraud and abuse occurring tions of workers' compensation claimant miums. under managed care arrangements include: fraud made to the division in Wisconsin. Massachusetts's largest workers' com­ underutilization-doctors receiving a fixed Eleven of those were referred to the district pensation fraud case for 1997 involved an em­ fee per patient may not provide a sufficient attorney, and seven were pursued, with fraud ployer who fraudulently reduced the pre­ level of treatment; overutilization- unneces­ losses valued at total of $175,389. The division miums for his rubbish collection workers by sary treatments or tests given to justify found that fraud is involved in six-tenths of classifying them as clerical workers, hiding higher patient fees in a new contract year; one percent of all reportable claims in Wis­ payroll and using shell corporations to evade kickbacks-incentives for patient referrals; consin. surcharges based on the business's unfavor­ internal fraud-providers collude with the A Texas study of workers' compensation able prior accident history. The employer medical plan or insurance company to de­ fraud conducted by the state's Research and concealed more than $1 million in payroll fraud the employer through a number of Oversight Council on Workers' Compensation from insurance auditors. schemes. found that, "In 1996, health care provider Employers also abuse the system when According to the National Council on Com­ fraud was the most expensive type of fraud they fail to provide workers' compensation pensation, "The increased use of managed detected in the Texas workers' compensation insurance for their employees or take out a care for workers' compensation, as well as system in terms of total dollars lost policy but then fail to pay the premiums. for other insurance lines, is bringing new ($1,200,952), accounting for over eight times California is beginning to investigate em­ twists to old schemes," Managed care cre­ the dollar amount of injured worker benefit ployers who fail to provide workers' com­ ates more opportunities for fraud because of fraud ($134,351)." In 1996, only 18 injured pensation insurance. In March of 1998, Cali­ the financial relationships and incentives be­ worker benefit fraud cases were referred to fornia launched a three-part pilot project to tween players. district attorneys, with an average fraud of match computer databases from various Although the campaign against California $7,464 per case, compared with 46 health care state agencies to identify employers who are medical mills wiped out a substantial part of providers, with an average fraud of $26,108 illegally uninsured for workers' compensa­ medical provider abuse in that state, new per case. tion. According to John C. Duncan, Director cases continue to emerge. In October of 1997, The Texas report found, however, that in­ of the California Department of Industrial for example, a pharmacist plead guilty to 21 surance carriers spent more money inves­ Relations, the project is designed to " level counts of fraudulent workers' compensation tigating injured worker benefit fraud than the playing field for law-abiding insured em­ insurance billing. The pharmacist increased any other type of workers' compensation ployers and reduce the taxpayer burden cre­ his revenues by up to 500% per prescription fraud. In 1996, Texas insurance carriers spent ated by those who are not." on more than $600,000 of drugs sold over a an average of $1,257 per claimant fraud inves­ California's Commission on Health and four year period. tigation, compared with $991 per employer Safety and Workers' Compensation 1997 re­ Insult Added to Injury premium fraud investigation and $823 per port concludes that, " Especially in indus­ Because of the assumption of widespread health care provider fraud investigation. In tries with high premium rates, the illegally claimant fraud, injured workers who file a 1996, the nineteen insurers studied spent over uninsured employer is able to underbid the workers' compensation claim may be sub­ $5.5 million investigating workers' com­ insured employer. Insured employers are jected to insulting questions and treated as pensation fraud in Texas, yet recovered a again disadvantaged when taxes are raised to malingerers and cheats. Under the auspices total of $1,520,179. Of the 4,077 cases of claim­ cover costs shifted to government services to of "fraud prevention," they may face endless ant fraud that the carriers investigated, only assist the injured workers of employers who questioning and unnecessary medical exami­ 18 were referred for criminal prosecution. are illegally uninsured." nations. They may be subjected to constant The report concluded: "It is clear that more Several other states, including Wisconsin video surveillance by private investors hired resources should be spent fighting the most and Colorado, are also using proactive pro­ to follow their every move. Their employer expensive and overlooked types of workers grams to identify uninsured employers using may refuse to provide light duty work, or compensation fraud: employer premium and computerized lists of employers and workers' take retaliatory actions against them when health care provider fruad." compensation politics. In New York, a 1997 they return to work. If they look for another A 1995 law that requires the reporting and audit by the state comptroller's office re­ job, their application may be screened for investigation of premium fraud has helped to vealed that employers owe more than $500 prior workers' compensation claims. shift the focus in California. "In terms of million in overdue unpaid workers' com­ Although some of these tactics are used in dollar costs, there's no question that em­ pensation insurance premiums to the State legitimate attempts to investigate question­ ployer fraud today costs more dollars to car­ Insurance Fund. Failure to secure workers' able claims, they have also become part of a riers and to the industry than employee compensation insurance is only a mis­ broad employer attempt to intimidate work­ fraud," according to Richard Schultz, a demeanor offense in New York. In West Vir­ ers from filing workers' compensation spokesman for the State Compensation In­ ginia, the state has been forced to initiate a claims. Under the pretext of controlling surance Fund, California's largest compensa­ series of lawsuits to force payment of more what has been falsely presented as rampant tion insurer. A recent study by the Cali­ than $100 million in unpaid workers' com­ claimant fraud, injured workers are discour­ fornia Department of Industrial Relations pensation premiums. aged form exercising their legitimate rights and the Employment Development Depart­ Medical Provider Fraud to workers' compensation benefits. As a re­ ment (EDD) calculated that 19% of employ­ Workers' compensation fraud also occurs cent Michigan study demonstrated, the real ers-nearly one out of every five-either among medical providers. These forms of problem in workers' compensation is not underreport payroll to EDD or have no work­ fraud evolve as the nature of medical care that too many workers claim benefits, but ers' compensation insurance. The California changes over time. Outright fraud occurs that too few do so. The study, sponsored by Department of Insurance concludes that, when providers bill for treatments that the National Institute for Safety and Health, "Losses on premium fraud can and usually never occurred or were blatantly unneces­ found that only one in four workers with oc­ do exceed the amount of loss in claimant sary. Some of the newer forms of medical cupational diseases file for workers' com­ fraud, and, in some instances, medical mill provider fraud include kickbacks from spe­ pensation. Unsubstantiated charges of ramp­ fraud. For example, in several cases where cialists and other treatment providers to re­ ant claimant fraud undermine public con­ criminal charges have already been filed, ferring physicians, and provider upcoding, fidence in the system and discourage legiti­ losses due to premium fraud for each case where provider charges exceed the scheduled mately injured workers from seeking the are estimated to be in excess of $5 million. amount. Providers also shift from the less benefits they need and deserve. New York's new anti-fraud efforts have expensive, all-inclusive patient report to In California, a detailed investigation by dramatically increased arrests for workers' supplemental reports, which add evaluations state auditors found that "workers' com­ compensation fraud. In 1997, the New York and incur separate charges. pensation insurers violated workers' rights Insurance Department investigated 408 cases Medical provider schemes include: creative in about half the claims it audited." The vio­ of alleged workers' compensation fraud and billing-billing for services not performed; lations included "unacceptably high made 37 arrests, with $900,000 saved by insur­ self-referrals-medical providers who inap­ amounts" of unpaid benefits, late payments, ance companies and more than $1.2 million propriately refer a patient to a clinic or lab­ inaccurate benefit notices and failure to no­ in court-ordered restitution. Although New oratory in which the provider has an inter­ tify injured workers of their rights. In de­ York continues to focus on claimant fraud, est; upcoding- billing for a more expensive scribing the experience of many workers' its investigations have uncovered premium treatment than the one performed; compensation claimants. The Santa Rosa fraud cases of far greater significance than unbundling-performing a single service but Press Democrat found that many injured any of the claimant cases. In one recent billing it as a series of separate procedures; workers slam into a wall of suspicion and case, the comptroller of a trucking company product switching-a pharmacy or other pro­ distrust that will paralyze them with shame pleaded guilty to mail fraud after he falsified vider bills for one type of product but dis­ and frustration and delay their recovery. the company's payroll records to defraud the penses a cheaper version, such as a generic One of the injured workers interviewed by State Insurance Fund of more than $1.2 mil- drug. the newspaper commented: "You get the 25634 EXTENSIONS OF REMARKS October 11, 1998 feeling that even though you have a legiti­ last week, where members will be given an other countries, the American price was as mate complaint and a six-inch scar, you're opportunity to participate in discussions and much as six times higher. somehow a malingerer.' ' learn how consumers are being affected by The consequences are that many individ­ The grossly overstated estimates of claim­ ant fraud have not only subjected injured the pricing decisions of pharmaceutical com­ uals who need these new drugs, for financial workers with legitimate claims to fear and panies. reasons, are not getting the treatment they intimidation, but have also obscured a more One thing I would like to talk about tonight need. serious look at the workers' compensation is how the most profitable industry in exist­ GAO says the reason for this differential in system and the benefits it provides. The real ence (that is legal) and why that industry's the drug prices in the two countries is because question is not why there is so much claim­ practice of making excessive profits from the Canadian law controls prices of both new ant fraud, but why there is so little. In most elderly and uninsured Americans is bad news. drugs entering its market and any increases in states, workers' compensation benefits pro­ According to industry ratings of Fortune 500 prices of pharmaceuticals already on the mar­ vide little more than poverty-level existence. companies-pharmaceutical companies are Workers often wait weeks and months for ket. payments. the most profitable businesses in existence. If the manufacturers see profits in countries Many employers refuse to provide light They made $24.5 billion in profits last year. with price controls and/or government pur­ duty or alternative jobs for workers who Pharmaceutical companies had a 17.2 percent chasing plans, why do they charge higher might be able to go back to work in a modi­ return on revenues. That compares to tele­ prices elsewhere? fied capacity while they continue to recover, communication companies who had an 8.1 When consumers in one area cannot buy in so workers are forced to continue on inad­ percent, computers and office equipment man­ another, the seller may be able to increase its equate benefit payments even though they ufacturers who had 7.3 percent, food and drug profits by engaging in what economists call may be able to work in some capacity. Some stores that made 1.7 percent. injured workers lose their jobs or are only price discrimination. That is what is going on offered positions at much lower pay. It is lit­ One might think the successful pharma­ in our country, pure and simple, price discrimi­ tle wonder that so many claimant fraud ceutical companies would be of tremendous nation. And what this price discrimination cases involve workers illegally continuing to benefit to American consumers. This couldn't amounts to is our seniors are being ripped off. accept benefits when they are in fact work­ be more wrong. Mr. Speaker, if someone were going around ing at another establishment. Too many And unfortunately, while the pharmaceutical stealing from seniors in your town or city, times, inadequate benefits put people in des­ companies are making tremendous profits, the stealing right out of their homes and their perate straits, and they take desperate meas­ American people are being gouged. Thou­ pockets, people would be outraged. The police ures as a result. A system that leaves people sands of consumers, especially seniors, have in poverty invites abuse. would be called and those thieves would be The presumption of widespread malin­ found themselves affected by the price of pre­ arrested. Then why are we allowing the phar­ gering and dishonesty undercuts any mean­ scription drugs in this country. maceutical companies to rob our seniors? Isn't ingful discussion of the adequacy of benefits Studies that have been conducted by the price discrimination the same thing? and provides a convenient response for those minority staff of the Government Reform and We try to allow people to live longer, but opposed to the benefit increases that are so Oversight Committee for several Members of then when a doctor prescribes a drug, the critically needed in many states. Until the Congress, including myself, over the last sev­ senior can't take it because they can't afford misplaced focus on claimant fraud is over­ eral months. These studies have shown the it. come, district attorneys will continue to fry prices seniors and other consumers are the small fish while the big fish go free, and We live in the richest country in the world the voting public will remain distracted by charged are significantly higher than what but we allow people to starve, go without heat, anecdotes. pharmaceutical companies charge their fa­ and only take half of their medicine because vored customers such as HMOs, insurance they can't afford to take the prescribed companies and the Federal Government. amount. It is also wrong that seniors have to PERSONAL EXPLANATION Because of this price gouging, seniors travel hundreds of miles for medication, they across the country are gathering their friends need, often just to stay alive. HON. DANNY K. DAVIS and traveling to other countries such as Mex­ ico and Canada to purchase prescription ·oF ILLINOIS drugs because to buy them in our own coun­ PRESCRIPTION DRUG PRICING IN THE HOUSE OF REPRESENTATIVES try, is just too expensive. Why not go some­ Friday, October 9, 1998 where else when you can pay a lower price HON. PATRICK J. KENNEDY Mr. DAVIS of Illinois. Mr. Speaker, on Sep­ somewhere else? OF RHODE ISLAND tember 17, 1998, I was unavoidably detained Here's the reality-prescription drug prices IN THE HOUSE OF REPRESENTATIVES are higher in the United States than they are from casting my vote on Roll Call number 448. Friday, October 9, 1998 However, if I had been present, I would have in neighboring countries. According to the voted "aye" on this amendment. General Accounting Office (GAO), prescription Mr. KENNEDY of Rhode Island. Mr. Speak­ drugs in the U.S. were priced about 34 per­ er, I want to thank Congressman ALLEN and cent higher than the same products in Can­ Congressman BERRY for their work in orga­ PRESCRIPTION DRUG PRICING ada. nizing today's special order. The average price for products sold in the As we are hearing today, many seniors are HON. MARION BERRY U.S. was $45.17, ranging from $2.35 (for unable to afford the cost of prescription drugs OF ARKANSAS Deltasone, 5 mg. tablets) to $304.32 (for PCE, due to a lack of insurance coverage and ex­ cessive drug price inflation. IN THE HOUSE OF REPRESENTATIVES 333 mg. tablets). The average price for the same products sold in Canada was $33.78, Ninety percent of Americans over 60 years Friday, October 9, 1998 ranging from $1.29 (for Deltasone) to $211.98 or older take one or more medications. The Mr. BERRY. Mr. Speaker, I rise today to an­ (for PCE). The comparisons were based on days when someone only takes one drug a nounce the formation of the Prescription Drug data collected from both countries for 121 pre­ day are long gone. Today's seniors take three Task Force. scription drugs in the same quantities for each or four drugs a day at least. At the same time, I have enjoyed working with Representa­ product. 45 percent of seniors, age 65 and older, do tives ALLEN and TURNER to form the task Also, the group Public Citizen conducted a not have prescription drug coverage. force. study of eight newly developed antidepressant High drug costs, coupled with this lack of The task force will work to bring attention to and antipsychotic medications. They found coverage, often means making choices be­ issues involving the costs and availability of that the prices for each of these eight drugs tween groceries, heating· oil, or prescription prescription drugs. were higher in the U.S. than they were in 17 drugs. How many of our constituents have had The task force will serve as a clearinghouse other European and North American countries. to choose between buying certain foods at the for information on these issues and will host That's every country looked at in the study. grocery store or buying high blood pressure educational forums, briefings, and hearings. The study showed that on average, Amer­ medicine? How many of them had to make One of the things we will focus on is con­ ican prices were twice as high as other coun­ sacrifices, just so they could buy their medi­ tinuing to hold forums like the one we hosted tries', and for individual comparisons with cines? October 11, 1998 EXTENSIONS OF REMARKS 25635 For three out of four seniors, prescription problem, the high price of prescription drugs. prescription drugs than are the drug compa­ drugs represent the highest out-of-pocket We only have a few remaining days left in this nies' most favored customers, such as large medical care cost; only long term care costs Congress. I would like to spend this time dis­ insurance companies and health maintenance more. cussing the issues which matter to the Amer­ organizations. The prices of the top selling prescription ican people such as HMO reform, reducing A senior paying for his or her own prescrip­ drugs have risen nearly four times the general class size, and yes, improving the health and tion drugs must pay, on average, almost twice rate of inflation between 1985 and the early well being of our seniors. as much for the drugs as the drug companies' 1990s. Meanwhile, the Federal Government As I travel throughout the first district of favored customers. This unusually large price and the taxpayer spends billions . of dollars to Maine, people, particularly seniors, share their differential is approximately four times greater help find drugs to treat the diseases of our experiences regarding the high cost of pre­ than the average price differential for other generation: cancer, Alzheimers, high blood scription drugs. consumer goods. The average price differen­ pressure, diabetes, and other chronic condi­ The high cost of prescription drugs is par­ tial for the ten prescription drugs used in this tions. ticularly difficult for seniors, who use one third study was 86 percent, while the average price The industry must do their share as well, of all prescriptions. While the average Amer­ differential for the other items was only 22 per­ and so far they are not doing enough. The ican under 65 uses only four prescriptions a cent. pharmaceutical industry is the most profitable year, the average senior uses 14 prescriptions Other drugs commonly used by seniors that industry in the world. In FY 96, it made over a year. Furthermore, most older Americans are not among the top ten have even higher $106 billion in sales and revenues and $16.2 suffer from more than one chronic condition, price differentials. For example, an equivalent billion in sheer profits. such as hypertension, diabetes, arthritis, glau­ dose of Synthroid, a commonly used hormone One example of the profits made in the coma and circulatory problems. treatment, would cost the favored customers pharmaceutical industry is from the drug Medicare does not provide prescription drug only $1. 75, but would cost the average senior T AXOL. TAXOL is an anti-cancer drug that coverage, so many seniors do not have pre­ almost $30.00! This is a price differential of treats breast, lung, and ovarian cancers. It scription drug coverage and must incur these 1,603 percent! makes $800 million in profits annually. The expenditures out-of-pocket. The high price of prescription drugs is not NIH budget supplied $32 million of the money To bring attention to some of the above the fault of our pharmacists. Pharmacies have needed to research this drug. Furthermore, a mentioned problems, and to consider appro­ relatively small markups for prescription cancer patient taking TAXOL may pay in ex­ priate action, I have joined my colleagues, drugs-somewhere between 3-22 percent. cess of $100,000, while the cost to the phar­ Representative MARION BERRY and Represent­ Large pharmaceutical companies drive up the maceutical company that manufacturers this ative JIM TURNER in establishing the Prescrip­ prices. Drug manufacturers make six times drug is only about $500 per patient. We pay tion Drug Task Force. more profit on prescriptions than retail phar­ for the development of these medications, and Last June I requested that the Government macies. then pay higl:l prices for their use. Reform and Oversight Committee investigate A recent lawsuit alleged that pharmaceutical The bill that I introduced this spring with two whether pharmaceutical companies are taking companies have created a dual price system of my colleagues, Republican Congressman advantage of older Americans through price of drug distribution. Drug companies give dis­ TOM CAMPBELL of California and Independent discrimination, and, if so, whether this is part counts to the big managed care companies Congressman BERNIE SANDERS of Vermont, of the explanation for the high drug prices and HMOs, while charging higher prices to gets at both the need for seniors' prescription being paid by older Americans. independent drugstores and pharmacy chains. drug coverage and the rising costs of these According to a recent Standard & Poor's re­ Four of the pharmaceutical companies chose medicines. The bill, called Making Affordable port on the pharmaceutical industry, to settle for $350 million. Other cases are still Prescriptions for Seniors Act, will provide up to "drugmakers have historically raised prices to pending. $500 of such assistance, for any legally mar­ private customers to compensate for the dis­ Drug companies make unusually high profits keted prescription drug that is safe and effec­ counts they grant to managed care compa­ compared to other companies. The average tive according to the FDA. nies. This practice is known as 'cost shifting.' " manufacturer of brand name consumer goods, Also, I am a proud sponsor of the Prescrip­ I understand that this is the first study which such as Proctor & Gamble of Colgate­ tion Drug Fairness Act, by Congressman attempts to quantify the extent of price dis­ Palmalive, has an operating profit margin of ALLEN and Congressman BERRY. crimination and how it affects seniors. 10.5 percent. Drug manufacturers, however, The Prescription Drug Fairness for Seniors The study investigated the prices of the 10 have an operating profit margin of 28.7 per­ Act protects senior citizens from drug price brand name drugs with the highest sales to cent-nearly three times greater. discrimination and makes prescription drugs the elderly (Zocor, Prilosec, Fosamax, Unquestionably, pharmaceuticals have im­ available to Medicare beneficiaries at reduced Norvasc, Relafen, Procardia XL, Cardizem proved the lives of millions of people with very prices. CD, Zoloft, Vasotec & Ticlid). serious illnesses and chronic disabilities. Each The legislation is a "win-win" bill because it The study estimates the differential between year, drug companies introduce new drugs allows pharmacies that serve Medicare bene­ the price charged to the drug companies' most that restore the health, extend the life expect­ ficiaries to purchase prescription drugs at the favored customers, such as large insurance ancy and improve the quality of life for people. low prices available under the Federal Supply companies and HMOs, and the price charged However, these contributions are not a license Schedule. The legislation has been estimated to seniors. The results are based on a survey for profiteering and price gouging. to reduce prescription drug prices for seniors of retail prescription drug prices in chain and The problems outlined in these reports, are by over 40 percent. independently owned drug stores in the first not simply a series of numbers and charts and It is time that we help alleviate the burden district of Maine. dollar amounts. These problems affect real on our nation's seniors and become account­ These prices are compared to the prices people, everyday, in Maine and throughout the able for rising drug costs. It is only fair that we paid by the drug companies most favored cus­ nation. end the need to make choices between a tomers. Then, for comparison purposes, the Recently, I joined several of my colleagues good nutrition and shelter or critical medica­ study estimates the differential between retail to introduce H.R. 4627, the Prescription Drug tion. prices and prices for favored customers for Fairness for Seniors Act. When we introduced other consumer items. the bill we were joined by one of my constitu­ This study has since been conducted in a ents, Vi Quirion. PRESCRIPTION DRUG PRICING number of congressional districts across the Vi traveled from Maine to Washington to country. This is clearly a problem not only in speak not only of her difficulties, but also of HON. THOMAS H. ALLEN Maine-but nationwide. A national report sum­ those of her friends and neighbors. Vi has ar­ OF MAINE marizing the investigations in our districts has thritis and stomach troubles. She lives on IN THE HOUSE OF REPRESENTATIVES been completed. I would like to take a few about $900 per month from Social Security moments to share some of the findings of the and cannot afford supplemental coverage for Friday, October 9, 1998 national report. her prescriptions. Mr. ALLEN. Mr. Speaker, I am pleased to Older Americans and others who pay for Vi, like many seniors, cuts back on her join my colleagues to address a very serious their own drugs are charged far more for their medication or does not take it at all. As she 25636 EXTENSIONS OF REMARKS October 11, 1998 said: "I can't afford to pay my prescriptions Unfortunately, that is not the case. Rather other congressional districts around the and gas and eat too. If I don't take Relafen it due to a pharmaceutical industry practice country, older Americans are increasingly won't kill me, but it will certainly change my known as "cost-shifting" and the limited pow­ concerned about the high prices that they life. I won't be able to walk. We should not pay for prescription drugs. Mr. Ford re­ ers of seniors, they get the short end of the quested that the minority staff of the Com­ have to live like that." stick compared to HMO's and other "most fa­ mittee on Government Reform and Oversight It was for Vi and those like her that we intro­ vored customers" when it comes to the cost of investigate this issue. duced the Prescription Drug Fairness for Sen­ drugs. Numerous studies have concluded that iors Act. No older American should ever again For example, studies conducted by the Gov­ many older Americans pay high prices for have to choose between buying the drugs pre­ ernment Reform & Oversight Committee of prescription drugs and have a difficult time scribed by their doctors and buying food for Congressional districts across the nation (see paying for the drugs they need. This study, their tables or heat for their homes. Attachment "Prescription Drug Pricing in the the first of its kind in Tennessee, presents The legislation achieves these goals by al­ 9th Congressional District in Tennessee, Drug new and disturbing evidence about the cause lowing pharmacies that serve Medicare bene­ Companies Profit at the Expense of Older of these high prices. The findings indicate ficiaries to purchase prescription drugs at the Americans") shows that for commonly pre­ that older Americans and others who pay for low price available under the federal supply scribed drugs, seniors on average pay be­ their own drugs are charged far more for their prescription drugs than are the drug schedule through the Secretary of the Depart­ tween 96%- 104% more than "most favored ment of Health and Human Services. The leg­ companies' most favored customers, such as customers." Back home in my Congressional large insurance companies and health main­ islation has been estimated to reduce pre­ District, seniors who have suffered a stroke or tenance organizations. The findings show scription drug prices for seniors by over 40 have high blood pressure or depression, can that a senior citizen in Mr. Ford's district percent. pay anywhere from $11 Q-$275 for their pre­ paying for his or her own prescription drugs I understand that Pharmaceutical Research scription medication. For the senior in my Dis­ must pay, on average, over twice as much for and Manufacturers of America President Alan trict that is taking the national average of 2.4 the drugs as the drug companies' favored Homer recently said: "the well-meaning efforts customers. The study found that this is an prescription drugs, that means a medication unusually large price differential- more of the bill's sponsors unfortunately are likely to bill of: at least $264 a month or $3,168 a year; backfire on America's seniors. In a very real than five times greater than the average or at most $633 a month or $7,600 a year. price differential for other consumer goods. sense, this bill is a dagger pointed at the No matter how you cut it, these prices and hearts of America's senior citizens." It appears that drug companies are en­ the discrepancy in cost between what seniors gaged in a form of " discriminatory" pricing This quote comes from an industry whose and HMOs pay is fundamentally unfair and annual profits of the top ten drug companies that victimizes those who are least able to must come to an end. In my view, if anything, afford it. Large corporate and institutional is nearly $20 billion. Pharmaceuticals rank as seniors and not HMOs should be the "most fa­ customers with market power are able to the number one industry in return in revenues vored customers" of pharmaceutical compa­ buy their drugs at discounted prices. Drug and return on assets. Yes, pharmaceuticals nies. companies then raise prices for sales to sen­ rate well above the telecommunications and Fortunately, thanks to the leadership of my iors and others who pay for drugs themselves computer industries. colleagues JIM TURNER and TOM ALLEN, we to compensate for these discounts their fa­ vored customers. It is time to level the playing field and stop now have legislation-the Prescription Drug this price discrimination. It is time to put sen­ Fairness Act and the Prescription Drug Fair­ Older Americans are having an increas­ iors' lives ahead of pharmaceutical profits. ness for Seniors Act-designed to help level ingly difficult time affording prescription drugs. By one estimate, more than one in Support the Prescription Drug Fairness for the playing field when it comes to the cost of Seniors Act. eight older Americans has been forced to prescription drugs. Under these measures, the choose between buying food and buying med­ price of medication for seniors will be reduced , icine. Preventing the pharmaceutical indus­ PRESCRIPTION DRUG PRICING among other ways, by: providing Medicare try's discriminatory pricing-and thereby re­ beneficiaries with a drug benefit card that will ducing the cost of prescription drugs for sen­ HON. HAROLD E. FORD, JR. entitle the holder to purchase drugs at re­ iors and other individuals-will improve the duced prices from participating pharmacies; health and financial well-being of millions of OF TENNESSEE Americans. IN THE HOUSE OF REPRESENTATIVES and allowing pharmacies to purchase drugs at the same lower price as the Federal Govern­ A. Methodology Friday , October 9, 1998 ment, thus allowing pharmacies to pass the This study investigates the pricing of the Mr. FORD. Mr. Speaker, at its core, the savings on to seniors. ten brand name prescription drugs with the issue we are discussing today-the astronomi­ As Congress continues in the weeks and highest sales to the elderly. It estimates the cally high prices seniors pay for prescription months ahead to discuss and debate the differential between the price charged to the drugs-is about fairness. scope and nature of health care reform, it is drug companies' most favored customers, Anyone in America who has older relatives critically important that we take the time to such as large insurance companies and or friends who are living on a fixed income confront issues like this-issues that affect the HMOs, and the price charged to seniors. The and taking prescriptions drugs, understands ability of millions of Americans to receive qual­ results are based on a survey of retail pre­ first-hand the devastating impact that the high scription drug prices in chain and independ­ ity health care in an efficient and cost effective ently owned drug stores in Mr. Ford's con­ cost of medication can have on the health and manner. gressional district in Tennessee. These prices well-being of seniors. As a public policy maker at the federal level, are compared to the prices paid by the drug As we all know, with age comes a greater I believe Congress has a responsibility to help companies' most favored customers. For susceptibility to health problems. As such, it is protect seniors-who because of their press­ comparison purposes, the study also esti­ no surprise that: on average Americans over ing health needs and limited incomes are par­ mates the differential between prices for fa­ the age of 65 spend three times as much of ticularly vulnerable-from the unreasonably vored customers and retail prices for other their income (over 20%) on health care than high costs of prescription drugs. consumer i terns. Americans under the age of 65; 75% of Ameri­ The Prescription Drug Fairness Act and the B . Findings cans 65 and older take prescription drugs; on Prescription Drug Fairness for Senior Act are average older Americans take 2.4 prescription designed to accomplish just that. The study finds that: Older Americans in Tennessee pay inflated drugs at any one time; and even though older PRESCRIPTION DRUG PRICING IN THE 9TH CON- Americans only comprise 12% of the popu­ prices for commonly used drugs. For the ten GRESSIONAL DISTRICT IN TENNESSEE DRUG drugs investigated in this study, the average lation, they take 33% of the nation's prescrip­ COMPANIES PROFIT AT THE EXPENSE OF price differential in Mr. Ford's district was tion drugs. OLDER AMERICANS 115% (Table 1). This means that senior citi­ One would think that since older Americans EXECUTIVE SUMMARY zens and other individuals who pay for their make-up such a large segment of the market This staff report was prepared at the re­ own drugs pay more than twice as much for for prescription drugs that they would pay rea­ quest of Rep. Harold E. Ford, Jr. of Ten­ these drugs than do the drug companies' sonable prices for their medication. nessee. In Mr. Ford's district, as in many most favored customers. October 11, 1998 EXTENSIONS OF REMARKS 25637 TABLE 1: AVERAGE RETAIL PRICES FOR THE BEST-SELLING DRUGS FOR OLDER AMERICANS IN TENNESSEE ARE lWICE AS HIGH AS THE PRICES THAT DRUG COMPANIESCHARGE THEIR MOST FAVORED CUSTOMERS

Price dif- Price for fa- Retail Prices ferentia I for Prescription drug Manufacturer vored cus- for Ten - Tennessee Use nessee sen- senior citi- tomers ior citizens zens (per- cent) Ticlid ...... Hoffman-laRoche ...... Stroke ...... $33.57 $120.02 258 Zocor ...... Merck ...... Cholesterol ...... 42.95 111.05 159 Prilosec ...... Astra/Merck ...... Ulcers ...... 58.38 118.97 104 Norvasc ...... Pfizer Inc...... High Blood Pressure ...... 58.83 118.02 101 Procardia Xl ...... Pfizer Inc...... Heart Problems ...... 67.35 133.07 98 Relafen ...... Smithkline Beecham ...... Arthritis ...... 62 .58 122.76 96 Vasotec ...... Merck ...... High Blood Pressure ...... 56.08 109.32 95 Fosamax ...... Merck ...... Osteoporosis ...... 31.86 58.28 83 Zoloft ...... Pfizer, Inc...... Depression ...... 123.88 220.10 78 Cardizem CD ...... Hoechst Marrion Roussel ...... Angina/Hypertension ...... :...... 99.36 175.02 76 Average price differential ...... : ...... Jl5

For other popular drugs, the price differen­ ment manufactured by Knoll Pharma­ diabetes treatment manufactured by Upjohn, tial is even higher. This study also analyzed ceuticals. For this drug, the price differen­ an equivalent dose would cost the favored a number of other popular drugs used by tial for senior citizens in Tennessee was customers $6.89, while seniors in Tennessee older Americans, and in some cases found 1,512%. An equivalent dose of this drug would are charged $48.33. The price differential was even higher price differentials (Table 2). The cost the manufacturer's favored customers 601%. drug with the highest price differential was only $1.78, but would cost the average senior synthroid, a commonly used hormone treat- citizen in Tennessee $28.69. For Micronase, a TABLE 2: PRICE DIFFERENTIALS FOR SOME DRUGS ARE MORE THAN 1,500%

Price dif­ Retail prices Prices for ferential for Prescription drug Manufacturer for Ten­ Tennessee Use favored cus­ nessee sen­ senior citi­ tomers ior citizens zens {per- cent) Synthroid ...... Knoll Pharmaceuticals ...... Hormone treatment ...... $1.78 $28.69 1512 Micronase ...... Upjohn ...... Diabetes ...... 6.89 48.33 601

Price differentials are far higher for drugs I. THE VULNERABILITY OF OLDER AMERICANS TO indicated that 37% of older Americans do not than they are for other goods. This study HIGH DRUG PRICES have insurance coverage for prescription compared drug prices at the retail level to This report focuses on a continuing, crit­ drugs.6 As a result, many older Americans­ the prices that the pharmaceutical industry ical issue facing older Americans-the cost a large percentage of whom live on a limited, gives its most favored customers, such as of their prescription drugs. Numerous sur­ fixed income-are forced to pay the full, out­ large insurance companies and HMOs. Be­ veys and studies have concluded that many o·f-pocket expense of prescription drugs. cause these customers typically buy in bulk, older Americans pay high costs for prescrip­ some difference between retail prices and The primary reason for this burden is that, tion drugs and are having a difficult time with the exception of drugs administered "favored customer" prices would be ex­ paying for the drugs they need. The cost of pected. The study found, however, that the during in-patient hospital stays. Medicare prescription drugs is particularly important generally does not cover prescription drugs. differential was much higher for prescription for older Americans because they have more drugs than it was for other consumer items. medical problems, and take more prescrip­ While Medicare managed care plans may The study compared the price differential for tion drugs, than the average American. This offer optional prescription drug coverage, prescription drugs to the price differentials situation is exacerbated by the fact that the they are available only as an option subject on a selection of other consumer items. The Medicare program, the main source of health to the discretion and fiscal priorities of the average price differential for the ten pre­ care coverage for the elderly, fails to cover health plans. Moreover, these Medicare man­ scription drugs was 115%, while the price dif­ the cost of most prescription drugs. aged plans currently serve only a small por­ ferential for other items was only 22%. Com­ According to the National Institute on tion of the Medicare population. pared to manufacturers of other retail items, Aging, "as a group, older people tend to have Although Medicare beneficiaries can pur­ pharmaceutical manufacturers appear to be more long-term illnesses-such as arthritis, chase supplemental "Medigap" insurance engaging in significant price discrimination diabetes, high blood pressure, and heart dis­ privately, these policies are often prohibi­ against older Americans and other individual ease-than do younger people." 1 Other tively expensive or inadequate. For example, consumers. chronic disease which disproportionately af­ one of the standardized Medigap policies Pharmaceutical manufacturers, not drug fect older Americans include depression and available provides only a $3,000 drug benefit, stores, appear to be responsible for the dis­ neurodegenerative diseases such as Alz­ while still leaving beneficiaries vulnerable to criminatory prices that older Americans pay heimer's disease, Lou Gehrig's disease, and a high deductible and to paying at least half for prescription drugs. In order to determine Parkinson's disease.* of their total drug cost. 7 whether drug companies or retail pharmacies According to the American Association of were responsible for the high prices being Retired Persons, older Americans spend al­ Medicare beneficiaries without public or paid by seniors in Mr. Ford's congressional most three times as much of their income private prescription drug coverage are the district, the study compared average whole­ (21%) on health care than do those under the group most at risk of high out-of-pocket pre­ sale prices that pharmacies pay for drugs to age of 65 (8%), and more than three-quarters scription drug costs. According to the Senate the prices at which the drugs are sold to con­ of Americans aged 65 and over are taking Special Committee on Aging, this group in­ sumers. This comparison revealed that Ten­ prescription drugs.z cludes those "who are not poor enough to re­ nessee pharmacies appear to have relatively The average older American takes 2.4 pre­ ceive Medicaid, do not have employer-based small markups between the prices at which scription drugs.a More importantly, older retiree prescription drug coverage, and can­ they buy prescription drugs and the prices at Americans take significantly more drugs on not afford any other private prescription which they sell them. The retail prices in average than the under-65 population.4 It is drug insurance plans. "8 Tennessee are 8% above the published na­ estimated that the elderly in the United The high costs of prescription drugs, and tional Average Wholesale Price. The dif­ States, who make up 12% of the population, the lack of insurance coverage, directly af­ ferential between retail prices and a second use one-third of all prescription drugs.5 fect the health and welfare of older Ameri­ indicator of pharmacy costs, the prices from Although the elderly have the greatest cans. In 1993, 13% of older Americans sur­ one wholesaler, is only 27%. This indicates need for prescription drugs, they often have veyed reported that they were forced to that it is drug company pricing policies that the most inadequate insurance coverage for choose between buying food and buying med­ appear to account for the inflated prices the cost of these drugs. A 1996 AARP survey icine.9 By another estimate, five million charged to older Americans and other cus­ older Americans are forced to make this dif- tomers. *Footnotes appear at end of article. ficult choice.1o · 25638 EXTENSIONS OF REMARKS October 11, 1998 II. ARE DRUG COMPANIES EXPLOITING THE cies. Drug prices on the FSS are negotiated with the highest price differential was VULNERABILITY OF OLDER AMERICANS? by the Department of Veterans Affairs. The Synthroid, a commonly used hormone treat­ Rep. Harold E. Ford, Jr. of Tennessee Prices on the FSS closely approximate the ment manufactured by Knoll Pharma­ asked the minority staff of the Committee prices that the drug companies charge their ceuticals. For this drug, the price differen­ on Government Reform and Oversight to in­ most favored nonfederal customers. Accord­ tial for senior citizens in Tennessee was vestigate whether pharmaceutical manufac­ ing to the U.S. General Accounting Office 1,512%. An equivalent dose of this drug would turers are taking advantage of older Ameri­ (GAO), "[u]nder [General Services Adminis­ cost the most favored customers only $1.78 cans through price discrimination, and if so, tration] procurement regulations, VA con­ but would cost the average senior citizen in whether this is part of the explanation for tract officers are required to seek an FSS Tennessee $28.69. for Micronase, a diabetes the high drug prices being paid by older price that represents the same discount off a treatment manufactured by Upjohn, the Americans in his congressional district. This drug's list price that the manufacturer otters its price differential was 604%. report presents the results of this investiga­ most-favored nontederal customer under com­ Every drug looked at in this study had a tion. parable terms and conditions." 14 Thus, in large price differential. Eight of the ten best­ Industry analysis have recognized that this study, FSS prices are used to represent selling drugs had price differentials of over price discrimination occurs in the prescrip­ the prices drug companies charge their most 80%. Four of the ten drugs had price differen­ tion drug market. According to a recent favored customers. tials over 100%. Cardizem CD, the drug with Standard & Poor's report on the pharma­ D. Determination of Prices Paid by Pharmacies the lowest markup, still had a differential of 76%. ceutical industry, " [d]rugmakers have his­ The survey also looked at two other pric­ torically raised prices to private customers ing indicators: (1) the Average Wholesale B. Comparison With Other Consumer Goods to compensate for the discounts they grant Price (A WP) and (2) the prices charged phar­ The study also analyzed whether the large to managed care customers. This practice is macies by a large drug wholesaler. These two differentials in prescription drug pricing known as 'cost shifting. "'11 Under this prac­ prices provide an indicator of the extent of could be attributed to a volume effect. The tice, "drugs sold to wholesale distributors markups that are attributable to the phar­ drug companies' most favored customers, and pharmacy chains for the individual phy­ macy (in contrast to those that are due to such as large insurance companies and sician/patient are marked at the higher end HMOs, typically buy large volumes of drugs. 12 the drug manufacturer). The AWP is an aver­ of the scale. " age of prices charged by the drug wholesalers Thus, it could be expected that there would Although industry analyses acknowledge to retail pharmacies. The A WP prices were be differences between the prices charged the that price discrimination occurs, they have obtained from the 1997 Drug Topics Red most favored customers and retail prices. not estimated its degree or impact. This re­ Book. 1s As another measure of wholesale The study found, however, that the differen­ port, prepared at Mr. Ford's request, is the prices, the study used the wholesale prices tials in prescription drug prices were much first attempt to quantify the extent of price charged pharmacies by McKesson, the greater than the differentials in prices for discrimination and its impact on senior citi­ world's largest wholesaler. other consumer goods. The study found that, zens in Tennessee. E. Determination of Drug Dosages in the case of other consumer goods, the av­ The study design and methodology used to erage differential between retail prices and test whether drug companies are discrimi­ When comparing prices, the study used the the prices charged most favored customers, nating against older Americans in their pric­ same criteria (dosage, form, and package such as large corporations and institutions, ing are described in part m. The results of size) used by the GAO in its 1994 report, Pre­ was only 22%. The average price differential the study are described in part IV. These re­ scription Drugs: Companies Typically in the case of prescription drugs was more sults show that drug manufacturers appear Charge More in the United States Than in than five larger than the average price dif­ to be engaged in substantial price discrimi­ Canada. For drugs that were not included in ferential for other consumer goods. This in­ nation against older Americans and other in­ the GAO report, the study used the dosage, dicates that a volume effect is unlikely to dividuals who must pay for their own pre­ form, and package size common in the years explain the large differential in prescription scription drugs. Drug manufacturers' profit­ 1994 through 1997, as indicated in the Drug drug pricing. ability is discussed in part V. Topics Red Book. C. Drug Company Versus Pharmacy Responsi­ III. METHODOLOGY F. Comparison of Price Differentials tor Other bility Retail Items A. Selection of Drugs tor this Survey Finally, the study sought to determine This survey is based primarily on a selec­ In order to determine whether the differen­ whether drug companies or retail pharmacies tion of the ten patented, nongeneric drugs tial between FSS prices and retail prices for were responsible for the high prices being with the highest annual sales to older Amer­ drugs commonly used by older Americans is paid by older Americans. To do this, the icans in 1997. The list was obtained from the unusually large, the study compared the pre­ study compared the average wholesale prices Pennsylvania Pharmaceutical Assistance scription drug price differentials to price dif­ that pharmacies pay for drugs to the prices Contract for the Elderly (PACE). The PACE ferentials on other consumer products. To at which the drugs are sold to consumers. program is the largest out-patient prescrip­ make this comparison, a list of consumer This comparison revealed that pharmacies tion drug program for older Americans in the items other than drugs available through the appear to have relatively small markups be­ United States for which claims data is avail­ FSS was assembled. FSS prices were then tween the prices at which they buy prescrip­ able and is used in this study, as well as by compared with the retail prices at which the tion drugs and the prices at which they sell several other analysts, as a proxy database items could be bought at a large national 16 them. The study found that the average re­ for prescription drug usage by all older chain. tail price for the ten most common drugs Americans. In 1997, over 250,000 persons were IV. DRUG COMPANIES CHARGE OLDER AMERICANS was only 8% higher than the published na­ enrolled in the program, which provided over DISCRIMINATORY PRICES tional Average Wholesale Price, and only $100 million of assistance in filling over 2.8 A. Discrimination in Drug Pricing 27% higher than the price available directly million prescriptions.13 For the ten patented, nongenetic drugs from one large wholesaler. This finding indi­ B. Determination of Average Retail Drug Prices most commonly used by seniors, the average cates that it is drug company pricing poli­ for Seniors in Tennessee differential between the price that would be cies, not retail markups, that account for In order to determine the prices that the paid by a senior citizen in Mr .. Ford's con­ the inflated prices charged to older Ameri­ elderly are paying for prescription drugs in gressional district and the price that would cans and other individual customers. These Tennessee, the minority staff and the staff of be paid by the drug companies' most favored findings are consistent with other experts Mr. Ford's congressional office conducted a customers was 115% (Table 1). The study who have concluded that because of the com­ survey of ten pharmacies in Mr. Ford's con­ thus showed that the average price that petitive nature of the pharmacy business at gressional district. Mr. Ford represents Ten­ older Americans and other individual con­ the retail level, there is a relatively small nessee's 9th Congressional District, located sumers in Mr. Ford's district pay for these profit margin for retail pharmacistsP in Memphis. drugs in more than double the price paid by Moreover, the study found few differences C. Determination of Prices for Drug Companies' the drug companies' favored customers, such between retail prices at pharmacies in dif­ Most Favored Customers as large insurance companies and HMOs. ferent parts of Mr. Ford's district. Further, Drug pricing is complicated and drug com­ For individual drugs, the price differential although there were variations in prices be­ panies closely guard their pricing strategies. was even higher. Among the ten best selling tween chain and independent pharmacies, The best publicly available indictor of the drugs, the highest price differential was 258% these differences were small and not system­ prices companies charge their most favored for Ticlid, a stroke treatment manufactured atic.la customers, such as large insurance compa­ by Hoffman-LaRoche. Zocor, a cholesterol­ V. DRUG MANUFACTURER PROFITABILITY nies and HMOs, is the Federal Supply Sched­ reducing drug manufactured by Roffman­ Drug industry pricing strategies have ule (FSS). LaRoche, had a price differential of 159%. boosted the industry's profitability to ex­ The FSS is a price catalog containing For other popular drugs, the study found traordinary levels. The annual profits of the goods available for purchase by federal agen- even greater price differentials. The drug top 10 drug companies is nearly $20 billion.19 October 11, 1998 EXTENSIONS OF REMARKS 25639 Moreover, the drug companies make unusu­ try's largest pharmaceutical manufacturer, Overall, profits for the major drug manu­ ally high profits compared to other compa­ had an increase in profits of 15% to 18% in facturers are expected to grow by about 20% nies. The average manufacturer of branded the second quarter of 1998. According to in­ in 1998, compared to 5% to 10% for other consumer goods, such as Proctor & Gamble dustry analysts, Merck's increased profits companies on the Standard & Poors Index. were due in large part to sales of Zocor and or Colgate-Palmolive, has an operating prof­ The drug manufacturers' profits are expected it margin of 10.5%. Drug manufacturers, Fosamax.21 Both of these drugs are sold at however, have an operating profit margin of large price differentials to seniors and other to grow by up to an additional 25% in 1999.23 28.7%-nearly three times greater.20 individual consumers in Mr. Ford's district. According to one analyst, " the prospects for These high profits appear to be directly Zocor, which is sold in Mr. Ford's district at the pharmaceutical industry are as bright as linked to the pricing strategies observed in a price differential of 159%, itself accounts they've even been.'' 24. this study. For instance, Merck, the coun- for 6% of Merck's revenue.22 APPENDIX A.-INFORMATION ON PRESCRIPTION DRUGS ANALYZED IN THIS STUDY

Prices (dollars) Brand name drug Dosage and form Indication Major Average re­ Price dif­ FSS AWP ferential wholesaler tail price (percent)

Ticlid ...... 250 mg, 60 tablets ...... Stroke ...... $33 .57 $99.44 $108.90 $120.02 258 Zocor ...... 5 mg, 60 tablets ...... Cholesterol reducer ...... 42.95 85.47 106.84 lll.OS 159 Norvasc ...... 5 mg, 90 tablets ...... Blood pressure ...... 58.83 97 .92 125.66 ll8.02 101 Relafen ...... 500 mg, 100 tablets ...... Arthritis ...... 62 .58 88.88 111.10 122.76 96 Prilosec ...... 20 mg, 30 capsules ...... Ulcer ...... 58.38 99.20 108.90 118.97 104 Procardia XL ...... 30 mg, 100 tablets ...... Heart ...... 67.35 105.05 131.31 133.07 98 Fosamax ...... 10 mg, 30 tablets ...... Osteoporosis ...... 31.86 50.91 51.88 58.28 83 Vasotec ...... 10 mg, 100 tablets ...... Blood pressure ...... 56.08 85.56 102.94 109.32 95 Cardizem CO ...... 240 mg, 90 tablets ...... Angina ...... 99.36 154.10 165.42 175.02 76 Zoloft ...... 50 mg, 100 tablets ...... Depression ...... 123.88 172.44 215.55 220.10 78 Average price differential ...... 115

APPENDIX B.- THE 10 TOP SELLING PATENTED, NON­ 7 Families USA Foundation, Worthless Promises: the smaller independents will have the ability to Drug Companies Keep Boosting Prices, 6 (March qualify for the potential windfall and pass the sav­ GENERIC DRUGS FOR SENIORS RANKED BY TOTAL DOL­ 1995). ings on to customers." Wall Street Journal, Drug LAR SALES a Senate Report 36, supra note 4, at 122. Makers Agree To Offer Discounts For Pharmacies, 9Families USA Foundation, supra note 7, at 6. July 15, 1998, p. B4, column 3. Rank Drug Manufacturer Indication 10Senate Special Committee on Aging, A Status 19 See 1998 Fortune 500 Industry List Report-Accessibility and Affordability of Prescrip­ (www. pathfinder.com/fortune500 /indlist.h tml). Prilosec ...... Astra/Merck ...... Ulcer. tion Drugs For Older Americans, S. Rep. 100, 102d 20 Pau1 J . Much, Houlihan Lokey Howard & Zukin, Norvasc ...... Pfizer, Inc ...... High Blood Pres- Cong., 2d Sess. 2 (1992). Expert Analysis of Profitability (February 1988) . sure. u Herman Saftlas, Standard & Poor's, Heal thcare: 21 Zocor ...... Merck ...... Cholesterol reduc- USA Today, Drugmakers Have Healthy Outlook lion Pharmaceuticals, Industry Surveys, 19-20 (December (July 20, 1998). 18, 1997). Zoloft Pfizer, Inc ··············· Depression . 22 IMS America, Top 200 Drugs of 1997 (1998). Proca rd ia XL ...... Pfizer, Inc Heart Problems . 12 Id., at 19. 23USA Today, supra note 22. Vasotec ...... Merck ...... High Blood Pres- 13 Pharmaceutical Assistance Contract for the El­ 24 Id., Dl. sure. derly ("PACE"), Pennsylvania Department of Aging, Cardizem CO ...... Hoechst Marion Angina . Annual Report to the Pennsylvania General Assem­ Roussel. bly (January !-December 31 , 1997) . 8 Ticlid ...... Hottman-LaRoche ... Stroke. 14 U.S. General Accounting Office, Drug Prices: Ef­ 9 Fosamax ...... Astra/Merck Osteoporosis. 10 Relafen ...... Smithkline Beecham Arthritis. fects of Opening Federal Supply Schedule for Phar­ PRESCRIPTION DRUG PRICING maceuticals Are Uncertain (June 1997) (emphasis Source : Pharmaceutical Assistance Contract for the Elderly ("PACE"), added). Pennsylvania Department of Aging , Annual Report to the Pennsylvania Gen­ 15Medical Economics Company, Inc., 1997 Drug HON. BERNARD SANDERS eral Assembly (January !-December 31 , 1997). Topics Red Book. 16The items were binder clips, rubber bands, toilet OF VERMONT APPENDIX C.-PRICE COMPARISONS FOR NON­ paper, rolodexes, tape dispensers, wastebaskets, scis­ IN THE HOUSE OF REPRESENTATIVES PRESCRIPTION DRUG ITEMS sors, pencils, paper towels, post-it notes, envelopes, and correction fluid. Friday, October 9, 1998 17National Association of Chain Drug Stores, Did Differen­ Mr. SANDERS. Mr. Speaker, I want to bring Item FSS Retail tial You Know ... (pamphlet) [citing financial data as­ price price (percent) sembled by Keller Bruner & Company, P .C., Cer­ attention to a crisis in our nation. Our seniors tified Public Accountants (1995)] . are dying because they cannot afford the Binder Clip, small, 1 box ...... $0.49 $0.49 0 1B In 1993, independent pharmacies sued 19 drug Rubber Bands, I lb ...... 2.57 2.67 4 manufacturers, alleging that the differential be­ medication prescribed to them by their doc­ Toilet Paper, 96 Rolls ...... 44.74 47.98 7 tween the prices charged most favored customers tors. Either they don't take their medicine, or Rolodex, 500 cards ...... 13.24 14.29 8 and the prices charged pharmacies violated anti­ they stop eating in order to save \money to fill Tape Dispenser ...... · 1.44 1.69 17 trust laws. In 1996, 11 of these drug manufacturers Wastebasket, Plastic, 13 qt ...... 2.95 3.49 18 their prescriptions. This is a travesty. Scissors ...... 10.88 12.99 19 agreed to settle with the pharmacies. Under this Pencils, #2, 20-pack ...... 1.03 1.26 22 agreement, these pharmaceutical companies prom­ I am pleased to join my colleagues in sup­ Paper Towels ...... 22.94 29.98 31 ised to offer pharmacies the same price discounts as porting the Prescription Drug Fairness for Sen­ Post-It Notes ...... 2.08 2.89 39 favored customers like large HMOs if the phar­ Envelopes, 500, White , 20 lb. weight ...... 6.45 9.49 47 macies could show the same ability to move market iors Act, which will allow elderly Americans to Correction Fluid, 18 mi ., dozen ...... 6.66 9.99 50 share as the favored customers. On July 13, 1998, purchase their prescriptions at a lower and Average price differential ...... 22 four additional drug manufacturers agreed to a set­ fairer price. Currently, many large groups, tlement under similar terms. such as HMOs, insurance companies, and FOOTNOTES Unfortunately, the results of this study cast doubt. on whether these agreements are likely to end the hospitals, purchase drugs at a reduced price 1National Institute on Aging (NIA), NIA Age Page price discrimination practices of the large pharma­ from the pharmaceutical companies: These (ww w .nih.gov/nia/heal thlpub/medicine.htm). ceutical companies. Eight of the ten most popular are known as most favored customers. How­ 2AARP Public Policy Institute and the Lewin prescription drugs in this survey-Zocor, Norvasc, Group, Out of Pocket Health Spending By Medicare Prilosec, Procardia XL, Relafen, Vasotec, Fosamax, ever, one group that makes up about one-third Beneficiaries Age 65 and Older: 1997 Projections and Zoloft-are covered by the agreement reached in of the drug-buying market is left out of this dis­ (February 1997). 1996, and there is still large price discrimination for count-Medicare beneficiaries. 3 AUSIICR for the American Association of Retired all of these drugs. Synthroid is also covered under The Prescription Drug Fairness for Seniors Persons, National Pharmaceutical Council, and the agreement, and this drug has a price differential Pharmaceutical Executive Magazine, Survey on Pre­ of 1,512% . Act will give Medicare beneficiaries a drug scription Drug Issues and Usage Among Americans The reason for the continued high price differen­ benefit card that they can use to purchase Aged 50 and Older, I (May 1996). tials may be that, unlike hospitals or HMOs, phar­ prescription drugs at reduced prices from par­ 4 Senate Special Committee on Aging, Develop­ macies cannot control decisions made by doctors ments in Aging: 1996, 1 S. Rep. 36, 105th Cong., 1st about what drugs to prescribe, and thus are unable ticipating pharmacies. The Government Re­ Sess. 121 (1997). to demonstrate to the drug manufacturers that they form and Oversight Committee estimates that 5Senate Special Committee on Aging, Develop­ can influence market share. The doubts raised by seniors will be able to receive more than a 40- ments in Aging: 1993, 1 S. Rep. 403, 103d Cong., 2d this study are consistent with the observations of percent discount. This will be a much-needed, Sess. 35 (1994). other industry analysts, who note that "there is al­ 6AARP Public Policy Institute and the Lewin ready intense skepticism among retail buying in fact, lifesaving, change for our nation's el­ Group, supra note 1. groups for independent drugstores about whether derly citizens. 25640 EXTENSIONS OF REMARKS October 11, 1998 The average income for all seniors was (CRADA). I have introduced bipartisan legisla­ scription drug coverage. The State Legislature $17,000 in 1996. However, that number plum­ tion, along with Representatives ROHR­ even passed a law in 1994 to require all Medi­ mets to only $13,000 per year for elderly ABACHER, CAMPBELL, and PATRICK KENNEDY, to care HMO's to provide an optional prescription women, or just over $1,000 per month. Many reinstate this provision. The bill is H.R. 3758, drug benefit. Approximately 75 percent of the seniors pay at least one-half that amount for the Health Care Research and Development 211 ,000 beneficiaries in the state enrolled in prescription drugs. It is absurd to charge those and Taxpayer Protection Act. Medicare HMO's benefit from this option. individuals who can least afford it the highest Let me detail how important the reasonable However, there are many who fall through prices for their needed medication. I've heard pricing clause is. Today, drug companies the cracks and for reasons beyond their con­ from seniors in my state that they not only are charge whatever they want for drugs. Tax­ trol, are not eligible for any federal or state as­ paying a huge amount of their monthly income payers get hit twice-once when their tax dol­ sistance. for prescriptions, but that they don't know how lars go to develop these drugs at NIH and For example, Georgia LaPine from North they can deal with the prices that continue to again when they have to buy the medication. Andover, MA is a 74 year old retiree who is rise. Here are some examples of how the tax­ completely dependant on her monthly Social And our seniors are somewhat lucky in payers are gouged by the pharmaceutical Security check. She is on numerous medica­ Vermont. There are two programs run by the companies: Taxol, a breast cancer treatment tions, including three different asthma inhalers, state that give low-income seniors help with drug, costs its manufacturer, Bristol Myers thyroid pills, nitroglycerine for a heart condi­ paying for their prescription drugs. One pro­ Squibb, $500. Bristol Myers Squibb turns tion, and Lorazepam for her nerves. She can­ gram, V-HAP, is for very low-income seniors around and charges $10,000 for that drug. not afford to purchase all of these medications who earn too much for Medicaid. This pro­ This drug makes the pharmaceutical company each month. Subsequently, she was forced to gram allows seniors to pay just a few dollars $1 million every day. In this decade, two mil­ forgo her heart medication, and has had trou­ a month for their drugs. The other program, lion women will be diagnosed with breast can­ ble affording groceries. Georgia tries to put VScript, has a higher income threshold and cer-% million of them will die. They are dying money aside each month to buy the medica­ gives seniors with chronic illnesses a 50-per­ because they do not have $10,000 for Taxol, tion she needs, but each time she foregoes cent discount on their prescriptions. And still, which would save thousands of lives. any medication or doesn't eat properly, her many seniors either do not know about these Levamisole, which was sold by condition worsens. She constantly worries state programs, or they take advantage of Johnson&Johnson as an anti-worm ·drug for about her monthly prescription requirements them and still find it difficult to pay for their sheep at six cents a pill, was found to treat and as a result, her asthma and anxiety prob­ drugs, even with the 50-percent discount! colon cancer. With this discovery, lems have worsened. In two recent cases in Vermont, my con­ Johnson&Johnson began charging $6 a pill, a And it is not only the seniors who suffer. stituents went to have their prescriptions re­ 100-percent markup. Colorectal cancer killed Thousands of independent pharmacies go out filled and found that the price had more than over 50,000 Americans in 1995. Again, sen­ of business each year because they simply doubled in less than 2 months with no notice iors are dying because they cannot afford cannot afford to purchase certain drugs from to them. This is ridiculous! One of the phar­ these ridiculously expensive drugs to treat pharmaceutical companies. Pharmacists in my macists even had the audacity to ridicule one their cancer. district care about their customers and have of my constituents when she became upset at I hope that we can pass both pieces of leg­ told me how painful it is to explain to a senior the huge increase in price and wondered how islation quickly-both the seniors drug pricing citizen why the medication that cost $15 last to pay for it. legislation and the NIH reasonable pricing month now costs $65. But, if the pharmacy Another of my constituents, Katherine Bent­ clause legislation-as many of my constituents doesn't stock the medications, they will lose ley, whose story is mentioned in my Vermont have urged, so that no more seniors are considerable business. report on seniors' drug prices, was unable to forced out of their homes, or are forced to pay her electric bill because she was paying choose between food or medicine. This is dis­ Jack Collins of Lynn Fells Pharmacy in almost $600 per month-more than half her graceful and we need to give seniors access Saugus, MA, stated "They know that we will income-for her prescription drugs. This to their medication at a fair price. expose them and their pricing policies . . . it's forced her out of her home and she still can­ independent pharmacist who will take the time not afford all of her medication. Our seniors to explain to a senior citizen just how they are deserve to be treated much, much better than PRESCIPTION DRUG PRICING being ripped off. We are their enemies and this. they are detemined to eliminate us." He goes In recent years, many Members of Con­ HON. JOHN F. TIERNEY on to say that, "If you and your colleagues in Congress don't stand up to this cartel and gress, including myself, have advocated hav­ OF MASSACHUSETTS level the playing field on prescription pricing, ing Medicare cover prescription drugs. I still IN THE HOUSE OF REPRESENTATIVES believe that this is a fair, solid proposal. How­ the people in this country paying cash for their ever; why should the Federal Government Friday, October 9, 1998 medicines will continue to neglect filling their take up the cost of this plan when the pharma­ Mr. TIERNEY. Mr. Speaker, and I would first prescriptions, necessitating more hospital vis­ ceutical companies, with annual profits in the like to thank my good friend from Maine, Tom its and further driving the cost of health care billions of dollars, which put them on the Allen, for his work to end the gouging of prices through the roof." Forbes 50 list annually, could and should offer for prescription drugs by pharmaceutical com­ It if becomes too late this session to act on the same discount to Medicare beneficiaries panies. legislation such as Mr. Allen's Prescription as they offer to HMOs and insurance compa­ We have heard horror stories about seniors Drug Fairness for Seniors Act, I would urge nies? Who do we side with here? The multi­ forgoing food, electricity or other necessities in my colleagues on both sides of the aisle to billion dollar pharmaceutical companies or order to pay for their monthly medications. In make this a priority for the 106th Congress. poor, sick, elderly Americans who need pre­ some instances, seniors will choose one medi­ This is not a partisan issue. Every district has scription drugs? It is only fair to allow Medi­ cation of the other, alternating each month, seniors like Georgia LaPine and independent care beneficiaries with their considerable buy­ because they simply cannot afford to be buy­ pharmacists like Jack Collins. We constantly ing power, to get the same discount on their ing everything they need. We have seen the talk about protecting seniors and helping small drugs as large corporations. profits of pharmaceutical companies skyrocket businesses. We simply cannot continue to pro­ In addition to allowing seniors to purchase to nearly $20 billion a year. And there profits vide pharmaceutical companies with research drugs at this reduced rate, another solution to will continue to grow, at the expense of our and development funding and close our eyes providing lower-cost drugs for all Americans, nation's seniors. It is time to end this cycle of to discriminatory pricing schemes that target including the elderly, is to reinstate the rea­ discrimination. seniors, among others, or their exorbitant price sonable pricing clause at NIH. This provision In Massachusetts, we are fortunate to have increases. This legislation that we have intro­ was repealed in 1995. It directed NIH to take a number of safety nets in place to help sen­ duced would benefit seniors and pharmacies into account the cost that a pharmaceutical iors with their prescription drug needs. Our by allowing them to purchase low-cost pre­ company would charge future customers for a state Medicaid system, MassHealth, protects scription drugs by taking advantage of the pur­ drug before agreeing to issue a cooperative the poorest of the poor. Our State Pharmacy chasing power of existing Federal Supply research and development agreement Program provides up to $750 a year in pre- Schedule prices. October 11, 1998 EXTENSIONS OF REMARKS 25641 This is a plan that is budget neutral, and Honor for bravery in the battle at El Caney relative in a nursing home, they trust the insti­ which, given the drug manufacturers' uncom­ and San Juan Hill. They were Dennis Bell, Ed­ tution to care properly for their loved one. mon profit margins, need not adversely affect ward Baker, Fitz Lee, William Thomkins and However, over the last few years, numerous prices in general. This is an effective and George Wanton. Secretary of the Navy, Frank concerns have been raised about the quality much-needed solution. I urge both the Repub­ Knox, lauded them as being the "bravest of care and standards within the nursing home lican and Democratic Leadership to make this men" he had ever seen. industry. At a time when this industry is expe­ issue a priority for the next session. Mr. Speaker, Teddy Roosevelt was no hero riencing explosive growth, I believe it is imper­ at San Juan and his insistence that he .was is ative that Congress institute safeguards to not sufficient to justify the House of Rep­ protect the most vulnerable members of our AUTHORIZING AWARD OF CON­ resentatives authorizing the President to society. GRESSIONAL MEDAL OF HONOR award him the Congressional Medal of Honor. As the Ranking Member of the Sub­ TO THEODORE ROOSEVELT This high distinction is reserved for those who committee on Human Resources, which has have performed extraordinary fetes of bravery. held numerous hearings examining our . na­ SPEECH OF tion's nursing homes, I believe that introducing HON. WilLIAM (BILL) CLAY the Long-Term Care Patient Protection Act of DESIGNATING OCTOBER 16TH AS OF MISSOURI 1998 today will take a pivotal step in the right "SAN DIEGO MAGAZINE DAY" IN THE HOUSE OF REPRESENTATIVES direction. This bill represents part of the Ad­ Thursday, October 8, 1998 ministration's efforts to improve quality of care HON. BRIAN P. BILBRAY within the nursing home industry, and serves Mr. CLAY. Mr. Speaker, if there had been a OF CALIFORNIA as a complement to H.R. 4686, a bill intro­ recorded vote rather than a voice vote on H.R. IN THE HOUSE OF REPRESENTATIVES duced by my esteemed colleague, Mr. Joseph 2263, a bill to confer the Congressional Medal Saturday, October 10, 1998 P. Kennedy, II, of Massachusetts. of Honor on Colonel Theodore Roosevelt, I Mr. BILBRAY. Mr. Speaker, it is with great Specifically, the Long-Term Care Patient would have voted "no". To honor the former Protection Act of 1998, would allow qualified President some 100 years after his alleged act pleasure that I rise today to pay tribute to San Diego Magazine on their 50th anniversary by and trained paid staff other than nurses aides of bravery during the battle of San Juan and licensed health professionals to provide Heights, Cuba, would be just another example joining the residents of San Diego in pro­ claiming October 16th "San Diego Magazine feeding and hydration assistance to residents of how American history is constantly and er­ in nursing · facilities participating in the Medi­ roneously revised. Day." The San Diego publication has earned a care and Medicaid programs. It would also Common sense should dictate that if Mr. prevent a nursing facility from using any indi­ Roosevelt accomplished the great and valiant reputation for remaining on the forefront of issues which are important to San Diegans. It vidual as a feeding and hydration assistant in deeds of heroism that he (Mr. Roosevelt) the facility unless the individual has completed claims, then he would have been awarded the is also known for articles which are always in­ telligently written, witty, and never cynical or a training and competency evaluation ap­ medal many years ago. If Roosevelt's popu­ proved by their respective state. larity immediately following the Spanish Amer­ disparaging. Throughout the years, the maga­ zine has remained a source of unbiased and Mr. Speaker, I urge my colleagues to join ican War played a major role in his being my efforts to assist millions of families across elected governor of New York and helped his comprehensive coverage of local news and perspectives for its readers. this nation by supporting the Long-Term Care many friends in the highest places of govern­ Patient Protection act of 1998. ment, why was he denied the honor? Since its debut in 1948, San Diego Maga­ Roosevelt enlisted the aid of his political zine has followed matters which are still rel­ powerful friend, Senator Henry Cabot Lodge to evant today such as: the improvement of the TRIBUTE TO CHIEF OF POLICE, pursue the matter and still was rejected. The downtown library; the San Diego airport which NORMAN N. CHAPMAN, JR. primary basis for the rejection was there were was designed to grow to meet the needs of no eyewitnesses to Mr. Roosevelt's coura­ the city; the need for an efficient public trans­ HON. JOE SCARBOROUGH geous actions. His superior officers, Generals portation system, and the need for better city planning in Mission Valley. In the last two dec­ OF FLORIDA Leonard Wood, Joseph Wheeler and William IN THE HOUSE OF REPRESENTATIVES Shafter all submitted glowing endorsements of ades, the magazine has also published stories Roosevelt's "distinguished gallantry", but they addressing San Diego's exponential growth as Saturday, October 10, 1998 were viewed with little merit as none of them a major business market, technology center, Mr. SCARBOROUGH. Mr. Speaker, on Oc­ actually witnessed his alleged heroic charge. and tourist destination. tober 14, 1998, the citizens of Pensacola and Fifty years of striving for· excellence has The only credible eyewitness was Roosevelt's the State of Florida will be losing a man who personal publicist, Richard Harding Davis, who paid off for San Diego Magazine. Its recent has dedicated his life to protecting the people accompanied Roosevelt to Cuba. sweep of 17 Press Club Awards for high ac­ of Florida and ensuring the triumph of justice complishment in journalism, special publica­ Hundreds of highly decorated units of black in our community. This gentleman has distin­ tions, and art direction has made it a standard soldiers were among the first to be sent to guished himself as a community leader, a Cuba in 1898 to fight in the Spanish American upon which many other regional magazines dedicated law enforcer, and one of our na­ War, including the 9th and 1Oth Calvary and are modeling their publications. tion's leaders in the war on crime. The man I Mr. Speaker, on behalf of my constituents, the 24th and 25th Army Regiments. These he­ speak about today is Chief Norman Chapman I extend my highest congratulations to San roic soldiers waged a furious battle, capturing of the Pensacola Police Department. Diego Magazine on their Golden Anniversary. El Caney and charging the enemy from the I could praise Chief Chapman for his nearly We look forward to many more years of for­ summit at San Juan Hill. Their acts of bravery twenty-five years of law enforcement, during ward-thinking and entertaining articles which enabled Colonel Roosevelt and his "Rough which he served in all phases of Uniform Pa­ beautifully reflect the character of the San Riders" to win San Juan Hill the following day. trol, Tactile Patrol in high crime areas, the De­ Diego area. According to an article which appeared in the tective Bureau, Investigations, and in Per­ Washington Times on February 8, 1991, "Nei­ sonnel and Training. I could mention the mod­ ther Col. Theodore Roosevelt, whose name is LONG-TERM CARE PATIENT ernization and efficiency that Chief Chapman most commonly associated with the battle of PROTECTION ACT OF 1998 brought to the Pensacola Police Department San Juan Hill, nor any other Roughrider over the last four years as Chief of Police. Or reached the summit before the black calvary". HON. EDOLPHUS TOWNS I could applaud his efforts to bring to justice The Americans outnumbered the Spanish OF NEW YORK Ted Bundy, one of history's most heinous militia 10 to 1, but the undermanned Spaniard mass murderers. But I'm sure Norman would IN THE HOUSE OF REPRESENTATIVES troops fought fiercely from their concrete say that those accomplishments were just part blockhouses. American casualties were heavy. Saturday, October 10, 1998 of his duty. More than 200 were killed or injured. Five Mr. TOWNS. Mr. Speaker, When a family However, in my opinion, Mr. Speaker, Nor­ Negro soldiers won Congressional Medals of makes the difficult decision to place an aging man has gone above and beyond the call of 25642 EXTENSIONS OF REMARKS October 11, 1998 duty throughout his distinguished career in the and served the church as a Sunday school HONOR THE VICTIMS OF THE field of law enforcement. At a time when our teacher for more than thirty years. UKRAINIAN FAMINE nation calls out for principled leadership from The Reverend Vincent !annetta, who served public officials, it is fitting that today we honor as pastor for thirty years starting in June, HON. DAVID E. BONIOR a law enforcement professional who always 1965, provided the leadership that led to a OF MICHIGAN went the extra mile to protect our citizens new church and under whose tenure the par­ IN THE HOUSE OF REPRESENTATIVES while striving to support and defend the Con­ ish truly matured. Father Ronald Genua now stitution of the United States. During his tour serves as pastor and in just three short years Saturday, October 10, 1998 in VietNam, Norman Chapman came to know has touched and enriched the lives of parish­ Mr. BONIOR. Mr. Speaker, the Ukrainian and respect our God given rights of freedom. ioners throughout the congregation. famine of 1932-33 stands as one of the most He has never forgotten how important those Mr. Speaker, Holy Rosary is a mainstay of tragic events of this century. rights are to the American way of life. the community and serves this diverse parish Millions of Ukrainian men, women and chil­ Norman's overall attitude and dedication to well. On behalf of the 5th Congressional Dis­ dren were starved to death in one of the cru­ public service has been a model in the lives trict and the House of Representatives, I con­ elest acts of inhumanity every recorded. of the hundreds of law enforcement officers gratulate all parishioners and clergy, past and Ukraine was the breadbasket of Europe. Its and professionals that he has trained, super­ present, on this 90th Anniversary and send land was rich and productive. Its farmers vised, and encouraged. His legacy will remind best wishes for a very successful celebration helped to feed the world. new recruits that when at all possible, law en­ and all continued success. So it made no sense in 1932 when peas­ forcement officers should go beyond the call ants began to scavenge around in harvested of duty to assist citizens in any way possible fields for food-or when their diets were re­ and to protect our system of justice from any duced to nothing but potatoes, beets and and all adversaries. TRIBUTE TO ADDISON McLEON pumpkins. As Norman departs the Pensacola Police Peasants began leaving Ukraine, trying to Department, he can take pride in knowing that HON. DONALD M. PAYNE search for food in Russia and other neigh­ he influenced so many people in a positive boring territories, but they were soon turned OF NEW JERSEY way. As a father of two young boys, I sleep back. better at night knowing that our streets are IN THE HOUSE OF REPRESENTATIVES Instead of planting seeds for the next crop, safer and that our children are protected be­ Saturday, October 10, 1998 peasants were reduced to feeding those cause of the life-long efforts of Norman N. Mr. PAYNE. Mr. Speaker, I would like my seeds to their children. Chapman, Jr. colleagues here in the U.S. House of Rep­ As a result, little grain was harvested for the resentatives to join me in ·honoring a man next crop, and the situation grew worse. whose contributions to his community and to Soon, people began dying-millions of peo­ HOLY ROSARY CELEBRATES 90TH ple. ANNIVERSARY the entire state of New Jersey are legendary, former Assemblyman Addison Mcleon of Jer­ Incredibly, as many as ten million may have sey City. He will be honored on October 22, died in this famine. HON. JAMES H. MALONEY 1998 at a special event: "A Tribute to Addison That's fully one-quarter of the people in rural OF CONNECTICUT Mclean: A Lifetime of Community Leader­ Ukraine. IN THE HOUSE OF REPRESENTATIVES ship." Of course, the truth about the famine was not revealed for far too long a time. Saturday, October 10, 1998 Mr. Mcleon made history when he was The Kremlin was starving the people of elected the first African American from Hudson Mr. MALONEY of Connecticut. Mr. Speaker, Ukraine to death, because Josef Stalin and County to serve in the State Assembly, a post it is with great joy that I bring to the attention the Soviet dictators wanted to avoid mass re­ he held from 1966 to 1970. He also served in of the House of Representatives and the sistance to collectivization. the Jersey City Housing Authority, beginning American public the celebration in my con­ So they killed the peasants-slowly, delib­ in 1954; as a member of the Jersey City gressional district of the 90th Anniversary of erately, diabolically-through mass starvation. Board of Education; as Director of Housing for Holy Rosary Parish in Ansonia, Connecticut. The West did little at the time to put an end the Essex County Urban League; and as a In the very early 1900's, the rather large to the man-made famine. They continued to member of the Jersey City Branch of the Na­ Catholic Italian community of Ansonia was buy grain at cheap prices from Russia, taking tional Association for the Advancement of Col­ served by another local parish that was first more food away from the Ukrainian people. formed by Irish immigrants. Church leaders in ored People {NAACP). In addition, he is the We should never forget this tragedy. Hartford recognized the distinct cultural and founder of the Civic Awareness Council, a citi­ We should honor the memory of the millions zens' action organization. language differences in the existing parish and of victims. moved to create a new one. And, on October Assemblyman Mcleon, who was born on And we should support the efforts of the 4, 1908, the Feast of the Holy Rosary, Rev­ June 17, 1921, attended public schools in Jer­ people of Ukraine, who were subjected to the erend Bonforti celebrated the first Mass for the sey City, including School Number 14 and Lin­ famine and to decades of oppressive Soviet Ansonia Italian community and took the name, coln High School. He enrolled in Lincoln Uni­ rule, as they continue on their path to democ­ Holy Rosary, in honor of the feast day. versity, Pennsylvania in 1940, but his edu­ racy, respect for human rights, and economic Over the next several decades, the Church cation was interrupted by World War II in progress. continued to grow and serve the community. 1944. He served in the U.S. Air Force during Mr. Speaker, I urge my colleagues to sup­ Many people played a major role in this the war, rising from the rank of private within port this important resolution and stand to­ growth process, including the Reverend Peter a year to Personnel Sergeant Major, the high­ gether with the people of Ukraine. Manfredi, who on April 3, 1913, was assigned est rank for enlisted men. He returned to Lin­ to the church as its administrator and served coln University in September of 1948 and re­ in this capacity for over forty years. While min­ ceived a Bachelor of Arts degree. He married TRIBUTE TO STEVE WATKINS istering to the needs of the parishioners, he the former Louise Williams and they produced gave the church a firm foundation that helped three children. HON. MARION BERRY guide it through some very difficult times. Rev­ Although former Assemblyman Mcleon is OF ARKANSAS retired now, he has remained an active and erend Anthony Salemi came to Holy Rosary in IN THE HOUSE OF REPRESENTATIVES July, 1954. Through his enthusiasm and spir­ passionate advocate for the cause of justice itual dedication, he led the church for the next and continued progress. He has truly been an Saturday, October 10, 1998 decade, and most notably, through the rigors . inspiration to all who have had the privilege of Mr. BERRY. Mr. Speaker, I rise today to of purchasing and paying off their first church knowing him. pay tribute to a member of my staff who has building. Miss Annie Larkin, a lay person, es­ Mr. Speaker, I know my colleagues join me decided to pursue a new career. tablished the religious education program as in congratulating former Assemblyman Steve Watkins has been a part of my team well as most other church parish organizations Mcleon and wishing him all the best. since I came to Congress in 1997. Indeed our October 11, 1998 EXTENSIONS OF REMARKS 25643 association goes further than that as he was aid targets the most vulnerable populations­ ability to file a single consolidated return until the Press Secretary for my first campaign for children, pregnant, and nursing women, or­ they have been affiliated for at least five Congress. Steve was critical in managing my phans and hospital patients. years. Even after groups with life insurance transition from candidate to Member and es­ On the event of World Food Day, I want to companies are permitted to file on a consoli­ tablishing a healthy relationship with members hail Doug Broderick and his team who are dated basis, they are subject to two additional of the press in Arkansas. Within a short time saving lives each day in North Korea. On be­ limitations that do not apply to any other type I named him District Director in recognition of half of Rockland County and the Nation as a of affiliated group. First, non-life insurance the vital role he was playing in the 1st District. whole, we are proud of Doug and his WFP companies must be members of an affiliated As a native of the 1st District and a resident colleagues in their work to end hunger around group for five years before their losses may be of Jonesboro, Steve has given his time, talent, the world. used to offset life insurance company taxable and dedication to the people of Arkansas for income. Second, non-life insurance affiliate the last two years. He has helped them with losses (including current year losses and any their interactions with the federal government, CONSOLIDATED TAX RETURN carryover losses) that may offset life insurance with vital water and sewer projects, and re­ LEGISLATION company taxable income are limited to the sponded to their concerns. lesser of 35 percent of life insurance company Steve has decided to pursue a career with HON. PHIUP M. CRANE taxable income or 35 percent of the non-life Arkansas State University, his alma mater, OF ILLINOIS insurance company's losses. Prior to 1976, life insurance companies and although their gain is our loss, Steve will IN THE HOUSE OF REPRESENTATIVES always be a part of our team wherever he is. could not file consolidated returns with other Steve I wish you the best of success in your Saturday, October 10, 1998 affiliated companies. The inability to file con­ new career and continued happiness for you, Mr. CRANE. Mr. Speaker, today, I am intro­ solidated returns was of little consequence Audrey, Adam and Emma. On behalf of the ducing, along with Representatives NANCY until the 1960s and early 1970s when states people of the 1st District, of my wife Carolyn, JOHNSON, BARBARA KENNELLY, JIM RAMSTAD first began to change the laws to allow life in­ and of all your colleagues in Jonesboro and and JERRY WELLER, legislation which would re­ surance companies to have subsidiaries. Washington, I thank you for a job well done peal a number of limitations contained in the Thus, the rules in present law were consid­ and wish you continued happiness and suc­ consolidated return provisions of the Internal ered a modest step in the right direction. cess. Revenue Code. These limitations, which were The historical argument against allowing life enacted in 1976, are a relic from a time when insurance companies to file consolidated re­ the financial services world, and the taxation turns with other, non-life companies was that WORLD FOOD PROGRAMME'S of financial institutions, particularly insurance life insurance companies were not taxed on FRONTLINE: DOUGLAS BROD­ companies, was far different from today. The the same tax base as non-life companies. This ERICK OF ROCKLAND COUNTY, limitations serve no purpose today other than argument is unfounded today. Prior to 1958, NEW YORK to make the application of the tax laws more life insurance companies were taxeci under complicated for both the taxpayers who have special formulas that did not take their under­ HON. BENJAMIN A. GILMAN to follow them and for the Internal Revenue writing income or loss into account. Legislation OF NEW YORK Service which ' must devote an inordinate enacted in 1959 took a major step toward tax­ IN THE HOUSE OF REPRESENTATIVES amount of resources to review the tax returns ing life insurance companies on both their in­ when they are filed. Needless to say, these re­ vestment and underwriting income. In fact, at Saturday, October 10, 1998 the time the present law rules were under con­ Mr. GILMAN. Mr. Speaker, Douglas Brod­ strictions also place affiliated groups of cor­ porations which include life insurance compa­ sideration in 1976, the Treasury Department erick of Rockland County, New York, is an im­ took the position that full consolidation was portant part of the U.N. World Food Program's nies at an economic disadvantage compared. with other corporate groups. consistent with sound tax policy. (WFP) history. Working for WFP since 1992, In 1984 and 1986, Congress reviewed the I had hoped that we would have been able Broderick has been on the frontline of numer­ taxation of life insurance companies and made to consider tax simplification in the consoli­ ous crises including the former Yugoslavia, a number of substantial changes that have re­ dated return provisions this year, as part of Somalia, and Rwanda. sulted in these companies being subject to tax our ongoing efforts to make the tax laws easi­ Today, as a WFP Senior Advisor to the on their total income at the regular corporate er to understand and administer. Unfortu­ Country Director in North Korea, Doug Brod­ tax rates. Today, life insurance companies are nately, that did not happen. It is my hope that erick is the senior American helping to run the as fully taxed on their income as are other introduction of this bill now will serve as a ve­ biggest emergency operation in WFP's history. corporations. There is no reason to treat them hicle to focus attention on this problem and WFP, which has been marshaling food aid differently today. for North Korea since government mis­ lead to repeal of these limitations when we consider tax legislation next year. THE PROBLEM management and destructive floods hit the The current restrictions placed affiliated country, appealed to the international commu­ BACKGROUND groups of corporations which include life insur­ nity to provide more than 600,000 tons of With that introduction, I would like to give a ance companies at an economic disadvantage emergency food aid worth $346 million for the short explanation of the issues that this legis­ compared with other corporate groups and 12 months through next March. Three years of lation addresses. also create substantial administrative complex­ disastrous flooding, droughts, and tidal waves The consolidated return provisions in the tax ities for taxpayers and the Internal Revenue exacerbated the already existing agricultural laws were enacted so that the members of an Service. The five-year limitations, in particular, problems facing North Korea. The result has affiliated group of corporations could file a sin­ create irrational disparities between groups been chronic food shortages, widespread hun­ gle tax return. The right to file a "consoli­ containing life insurance companies and other ger, and malnutrition. dated" return is available regardless of the na­ consolidated groups·. Let me provide three ex­ From Mr. Broderick's base in Pyongyang, ture or variety of the businesses conducted by amples: WFP is currently delivering 392,000 tons of the affiliated corporations. The thinking behind 1. When a consolidated group acquires a food to over 6 million persons or almost one­ this is easy to understand. We should be tax­ target consolidated group with a life insurance third of the population. He helps manage WFP ing a complete business entity, not separate company member, the target group is operations including a staff of 7 4 and sub-of­ parts. It should not matter whether an enter­ deconsolidated. This means that, unlike other fices in Chongjin, Hamhung, Sinuiju, and prise's businesses are operated as divisions groups, intercompany gains in the target group Wonson. within one corporation or as subsidiary cor­ would be triggered into income while losses By the end of 1997, WFP was able to pro­ poration with a common parent company. If would continue to be deferred. vide emergency food to over 2.6 million chil­ the group is one economic unit, it should have 2. For the five year period following a con­ dren aged 6 and under, one million hospital to file only one tax return each year. The tax solidated group's acquisition of a life insurance patients as well as 250,000 farmers partici­ return should reflect the taxable income of the company, gains on any intercompany trans­ pating in food-for-work agricultural projects. entire enterprise. action cannot be deferred. Gains of other In North Korea, children make up the largest Corporate groups which include life insur­ groups, which are allowed to file a consoli­ group of recipients-totaling 5 million. WFP's ance companies, however, are denied the dated return, are allowed to be deferred. 25644 EXTENSIONS OF REMARKS October 11, 1998 3. Section 355 spin off transactions raise ment her plan for Berry Patch Nannies while founded in Torrance, CA in 1964, "everyone questions concerning the five year ineligibility she was operating Meghan's Poultry Palace, a plays" and "balanced team" philosophies have period for the spun-off company even if the family operated poultry business. Miss generated a youth soccer program which has group had existed and been filing a consoli­ Ellwanger plans to cover her startup costs by literally swept the country. dated return for many years. applying for a 4- H business loan. She intends The ability to file consolidated returns is par­ to invest her profits in a college education. Today, AYSO has 900 regional programs ticularly important for affiliated groups con­ I wish her success and congratulate her on and 46,000 teams. The division into geo­ taining life insurance companies. Many cor­ this impressive accomplishment. graphic regions has resulted in a grassroots porations in other industries can, in effect, program with local leadership. A YSO soccer is consolidate the returns of affiliates by estab­ a family affair with more than 600,000 players lishing divisions within one corporation, rather LITTLE ROCK NINE MEDALS AND ranging from 4112 through 18 years old. An av­ than operating as separate corporations. Un­ COINS ACT erage of one parent per family actively partici­ fortunately, state law and other, non-tax, busi­ SPEECH OF pates in AYSO acting as coach, referee, team ness considerations generally require a life in­ parent, administrator or sponsors. A YSO is surance company to conduct its non-life busi­ HON. DANNY K. DAVIS currently supported by more than 250,000 vol­ ness through subsidiaries. The inability to file OF ILLINOIS unteers. Through AYSO, youngsters of diverse consolidated returns thus operates as an eco­ IN THE HOUSE OF REPRESENTATIVES nomic barrier inhibiting the expansion of life in­ backgrounds, ethnicity, and athletic abilities surance companies into related areas. Friday, October 9, 1998 are given the opportunity to participate in soc­ SOLUTI ON Mr. DAVIS of Illinois. Mr. Speaker, I rise in cer. AYSO and its sponsors are proud to pro­ There are no sound reasons to deny affili­ support of the bill H.R. 2560 to present Gold vide quality programs for its youngsters and ated groups of corporations including life in­ Medals to Ernest Green, Elizabeth Eckford, volunteers. surance companies the same unrestricted abil­ Jefferson Thomas, Dr. Terrence Roberts, Today's AYSO program is different in many Carlotta Walls Lanier, Minniejean Brown ity to file consolidated returns that is available respects from its origin. The emphasis is now Trickey, Gloria Ray Karlmark, Thelma to other financial intermediaries (and corpora­ placed on the training and development of tions in general). Allowing the members of an Mothershed-Wair, and Melba Pattillo Beals, adult volunteers. That way they can be sure affiliated group of corporations to file a con­ collectively known as the Little Rock Nine. the quality as well as the quantity of their pro­ solidated return prevents the business enter­ I was a 16-year-old college freshman at Ar­ prise's structure, i.e., multiple legal entities, kansas A.M. of N. College in Pine Bluff, Ar­ grams increases. AYSO, with the help of from obscuring the fact that the true gain (or kansas; and on a daily basis we waited with noted experts, is working to improve the edu­ loss) of the business enterprise is the aggre­ baited breath to hear or see what had taken cation of volunteers in the areas of child de­ gate of the gain (or loss) of each of the mem­ place on that day at Central High School in velopment, human behavior, sports psy­ bers of the affiliated group. The limitations Little Rock. The nine young people gave all of chology, ethics and sportsmanship. contained in present law are so clearly without us a sense of pride and fulfillment as we ob­ served their strength, courage, and determina­ AYSO programs work because their volun­ policy justification that they should be re­ teers work. They work because they believe in pealed. tion. They were all outstanding; however, I the programs. Their phenomenal grow1h re­ The legislation we are introducing today will was particularly struck by the fact that my repeal the two five-year limitations for taxable mother, a very soft-hearted and genteel flects AYSO's commitment to a healthy com­ years beginning after this year. For revenue woman, declared Minniejean Brown as her petitive atmosphere for youth soccer players reasons, the legislation will phase out the 35% hero. and a concern for the development of caring limitation over seven years. This bill should be These were indeed heady times for all of us and responsible individuals. in Arkansas and especially so, for those of us a part of any simplification or taxpayer relief Recognizing the special needs within our who were Black. Daisy Bates, president of the legislation that may be enacted next year, and communities, A YSO has carefully created I hope my colleagues will join me in this Little Rock NAACP became a goddess for unique programs including: TEAM-UP to pro­ worthwhile effort. those of us who were liberation hungry and searching for equality, equal justice, and equal vide assistance where there are ongoing eco­ opportunities. Attorney Wiley Branton, Dr. nomic challenges, be it rural area, small town, HONORING MEGHAN ANN Cleon Flowers, Attorney Flowers, Dentist Native American reservation or the inner city; ELLWANGER, WINNER OF THE Mazique, President Lawarence A. Davis, Dean VIP (Very Important Player) program created NATIONAL BUSINESS PLAN COM­ J.B. Johnson, Earl Evans, and others became to provide a quality soccer experience for chil­ PETITION in my mind great civic and community leaders. dren whose physical or mental challenges I am indeed pleased to see this recognition make it difficult to successfully participate on HON. RON KIND provided to the Little Rock Nine as evidence regular AYSO teams; CAP (College Athlete of the significant role which they, their parents OF WISCONSIN Program) designed to prepare soccer players and leaders like Daisy Bates and Wiley IN THE HOUSE OF REPRESENTATIVES to attend college and play soccer while in col­ Branton played in the school desegregation Saturday, Oc;to ber 10, 1998 and Civil Rights Movement in this country. lege; Girls Initiative to promote girls' participa­ Mr. KIND. Mr. Speaker, I rise today to com­ They were Golden Children and deserve Gold tion in soccer along with fostering the develop­ mend a young lady from my congressional Medals. ment of women as coaches, referees and ad­ district who has made the State of Wisconsin I thank you, Mr. Speaker, and yield back the ministrators; and Safe Haven designed to ad­ proud. Meghan Ann Ellwanger, of Somerset, balance of my time. dress the growing need for child and volunteer Wisconsin, has proven herself to be an astute protection through an educational program entrepreneur at the age of 15. Her business that includes accreditation, volunteer certifi­ TRIBUTE TO AMERICAN YOUTH plan for "Berry Patch Nannies" won the 1997- cation, and protection policies. 98 Business Plan Competition sponsored by SOCCER ORGANIZATION "An Income of Her own" a nonprofit organiza­ Mr. Speaker, distinguished colleagues, tion dedicated to improving the economic lit­ HON. BRAD SHERMAN please join me in honoring the American eracy of teen girls. OF CALIFORNIA Youth Soccer Organization (AYSO); the role Berry Patch Nannies will be a business de­ IN THE HOUSE OF REPRESENTATIVES model for sportsmanship and citizenship in our voted to the raising of goats and the sale of country today. goat products which include milk, cheese, and Saturday, October 10, 1998 soap lotion. It will also be an "environmentally Mr. SHERMAN. Mr. Speaker, I rise before aware business with products that are drug, you today to pay tribute to the American Youth disease and pest free." Miss Ellwanger gained Soccer Organization (AYSO) and its chairman some of the experience she will need to imple- of the board, Burton K. Haimes. AYSO was October 11, 1998 EXTENSIONS OF REMARKS 25645 SENSE OF THE HOUSE REGARDING and productive reservation-based economy. tions title inS. 505, the Copyright Term Exten­ IMPORTANCE OF MAMMOGRAPHY This is a testament to the understanding and sion Act. Although some characterize this pro­ AND BIOPSIES IN FIGHTING foresight of tribal governments. vision as a "compromise," this provision is en­ BREAST CANCER It is my sincere hope that others will follow tirely unfair to American songwriters. the course Chief Martin has set in establishing Mr. SENSENBRENNER's "compromise" on Mu­ SPEECH OF private enterprise for the Choctaws. His deter­ sical Licensing would exempt certain sized HON. SHEILA JACKSON-LEE mination and vision has been rewarded by his bars and restaurants from paying royalties for many accomplishments. I am certain these radio and television broadcasts in their estab­ OF TEXAS positive investments will continue to help his lishments. IN THE HOUSE OF REPRESENTATIVES fellow citizens for many years to come. Restaurant owners must pay produce ven­ Thursday, October 8, 1998 dors for the fruit and vegetables they serve, alcohol distributors for the beer and wine they Ms. JACKSON-LEE of Texas. Mr. Speaker, LYNN D. ALLEN, A DEDICATED sell and furniture suppliers for the tables at I rise today to speak about an issue of vital PUBLIC. SERVANT which their customers sit. It is absurd to sug­ importance to the women of this Nation­ gest that you should not be compensated for breast cancer prevention. As a woman and a HON. JOE KNOLLENBERG the use of someone's music. Intellectual prop­ mother, I feel that there are few issues as im­ erty must enjoy the same status as real or OF MICHIGAN portant to women's health as the breast can­ personal property; a person cannot use or im­ IN THE HOUSE OF REPRESENTATIVES cer epidemic facing our Nation. properly interfere with another's property with~ The resolution in front of us today ex­ Saturday, October 10, 1998 out facing consequences. presses the sense of the House of Represent­ Mr. KNOLLENBERG. Mr. Speaker, I rise In my home State of Tennessee, music is atives that mammograms and biopsies are one of our area's largest economic assets, crucial tools in the fight against breast cancer. today to thank Lynn Allen for his dedication to public service. and it is vital that the United States maintain As you may know, breast cancer is the most high protection and enforcement standards in commonly diagnosed cancer in American Born and raised in Pontiac, Michigan, Lynn served in WWII as a combat pilot. After com­ the U.S. and throughout the world. women today. Mr. Chairman, I have letters from con­ pleting his service, Lynn entered college at the An estimated 2.6 million women in the stituent songwriters and Opry performers that University of Detroit and graduated from United States are living with breast cancer. don't understand why writers of books, mov­ Northern Illinois University's College of Optom­ Currently, there are 1.8 million women in this ies, television programs are all compensated etry, earning B.S. and doctors degrees. country who have been diagnosed with breast each time their work is enjoyed, and song­ After 18 years of practice as an optometrist, cancer and 1 million more who do not yet writers should not be allowed the same pro­ Lynn was elected in 1968 as the Oakland know that they have the disease. It was esti­ tection and compensation. mated that in 1996, 184,300 new cases of County Clerk and Register of Deeds, a posi­ I believe it is hypocritical of the leadership of breast cancer would be diagnosed and 44,300 tion he holds today. Lynn has served the peo­ this body to pass this lop-sided provision, women would die from the disease. ple of Oakland County honorably and with dis­ when tomorrow, we bring to the floor the con­ Breast cancer costs this country more than tinction. An innovative leader, Lynn helped de­ ference report on H.R. 2281, the WI PO Inter­ $6 billion each year in medical expenses and sign and implement the first on-line computer national Copyright Treaty Implementation Act. lost productivity. These statistics are powerful court system in the world and established an H.R. 2281 strengthens U.S. copyright laws re­ indeed, but they cannot possibly capture the on-line system for campaign finance reporting. garding the transmission of copyrighted mate­ heartbreak of this disease which impacts not Lynn has served as the president of the rials. Tonight, this music licensing exemption only the women who are diagnosed, but their Michigan Clerks' Association and has been weakens copyright protection for songwriters husbands, children and families. selected as the County Clerk of the Yea[ in and their creative works. The most effective technique for early de­ the State of Michigan. Currently, Lynn serves Commerce Secretary William Daley wrote in tection of breast cancer is mammography. as chairman of the Court Committee for the a letter to Speaker GINGRICH stating strong op­ When detected early, the probability that a Michigan Clerks and chairman of the Court position to the Sensenbrenner music licensing woman can survive breast cancer is 90%. and Charter Committee for the International exemption. Specifically, Secretary Daley points Safe and accurate testing offered through Association of Clerks, Recorders, Election Of­ out that our trading partners will claim that an mammography is essential to save women's ficials and Treasurers. overly broad exemption violates our obliga­ lives. In addition to his official duties, Lynn has tions under the Berne Convention for the Pro­ I am sure that all Members support this res­ made many other contributions to his commu­ tection of Literary Works and the Agreement olution today. I support it on behalf of all of nity. He has been active in the Jaycees and on the Trade Related Aspects of Intellectual our daughters, sisters, mothers, and grand­ has been named the Pontiac Jaycees Man of Property Rights (TRIPs Agreement). mothers. We must continue to do whatever we the Year. He has also been an active member We should be concerned that passage of can in order to detect, treat and prevent this in the West Pontiac Kiwanis Club, the Amer­ Title II would sacrifice U.S. interests of U.S. devastating disease. ican Legion, the Oakland County Sportsman's music copyright owners abroad in order to sat­ Club, and the First Presbyterian Church. isfy the demands for uncompensated use of Lynn is retiring as the Oakland County Clerk music domestically. The American music in­ HONORING CHIEF PHILLIP MARTIN and Register of Deeds on October 16. His dustry is the most successful in the world, and leadership will be missed. He has made Oak­ royalties from foreign performances are an im­ HON. PHIL ENGLISH land County and the State of Michigan a bet­ portant source of income for U.S. artists and OF PENNSYLVANIA ter place to live. composers, who are small businesses too. If I wish Lynn and his wife, Mary Ann, the best we expand the exemptions as written, other IN THE HOUSE OF REPRESENTATIVES of luck in their future endeavors. countries could use this as an excuse to adopt Saturday, October 10, 1998 exemptions in their own copyright laws, lead­ Mr. ENGLISH of Pennsylvania. Mr. Speaker, ing to economic losses to U.S. music copy­ it is with great pride that I rise today to honor SONNY BONO COPYRIGHT TERM right owners in the hundreds of millions. Chief Phillip Martin who has made the Mis­ EXTENSION ACT Songwriters are small business-persons that sissippi Band of Choctaw Indians an American are engaged in an extremely difficult and com­ SPEECH OF success story. petitive occupation. It is often only after years The changes Chief Martin has implemented HON. BART GORDON of struggle that a writer can even begin to show that he is a true friend of the Choctaw OF TENNESSEE make a living. As I said before, music is intellectual prop­ Nation and all Native Americans. His vision of IN THE HOUSE OF REPRESENTATIVES self-sufficiency and commitment to entrepre­ erty-and the owners should be paid for the neurship has helped his people succeed. Wednesday, October 7, 1998 use of their product-particularly when other Chief Martin has reversed the injustices faced Mr. GORDON. Mr. Chairman, I rise in oppo­ businesses are making money by using their by his people by establishing an independent sition to Title II, the Music Licensing Exemp- work. 25646 EXTENSIONS OF REMARKS October 11, 1998 Finally, I agree with Rep. Mary Bono in honor this commitment without limiting access I am pleased that the bill will enable Medi­ hopes that the House will revisit this issue and to care to other veterans with a higher priority care to reimburse the VA for services provided its detrimental effect on American songwriters to care. to Medicare eligible Veterans by VA facilities. and our international trade agreements in the I commend the gentleman from California, This change is fiscally responsible and is pre­ next session. Enacting Title II of this bill is a Mr. Thomas, for his work on behalf of VA­ dicted to save the Federal Government money grave mistake. Medicare Subvention. However, I believe we in the long run. However, I am concerned that need to re-assess VA's health care funding services previously paid for by the VA would sources and end the funding "shell game" now be extracting scarce resources from the MEDICARE HOME HEALTH AND which has subjected VA to an uncertain rev­ Medicare Trust Fund. VETERANS HEALTH CARE IM­ enue stream for the last three years. It hasn't In conclusion, although the meager home PROVEMENTS ACT OF 1998 worked. If VA is to be a high-quality health health payment increase is not at the level I care system , Congress must be committed to would have liked, this is a step· in the right di­ SPEECH OF funding the VA with adequate appropriated re­ rection and I am relieved that struggling home HON. LANE EVANS sources for the next fiscal year and years to health agencies will receive some assistance. OF ILLINOIS come. IN THE HOUSE OF REPRESENTATIVES TURKMENISTAN: AN OPPORTUNITY Friday , October 9, 1998 MEDICARE HOME HEALTH AND TO ENHANCE POLITICAL STA­ Mr. EVANS. Mr. Speaker, I rise today in VETERANS HEALTH CARE IM­ BILITY IN CENTRAL ASIA support of the bill, H.R. 4567, although I do so PROVEMENTS ACT OF 1998 with some reservations. The Committee on HON. EDOLPHUS TOWNS SPEECH OF Veterans' Affairs has a long tradition of biparti­ OF NEW YORK sanship in developing constructive policy to HON. PATSY T. MINK IN THE HOUSE OF REPRESENTATIVES meet the needs of veterans. Under the leader­ OF HAWAII Saturday , Octob er 10, 1998 ship of Chairman BoB STUMP, our Committee IN THE HOUSE OF REPRESENTATIVES considered, perfected and approved, H.R. Mr. TOWNS. Mr. Speaker, I rise today to in­ 1362, the Veterans Medicare Reimbursement Friday , October 9, 1998 troduce a sense of the Congress resolution Act of 1997. I continue to believe H.R. 1362 Mrs. MINK of Hawaii. Mr. Speaker, although supporting United States assistance to the Re­ better addresses the needs of veterans and I am an original cosponsor of the original public of Turkmenistan to build pipeline routes VA while simultaneously providing Medicare version of H.R. 4567, the Medicare Home or take other measures necessary to resume savings. These Medicare savings would result Health Care Interim Payment System Refine­ the export of natural gas. from authorizing VA to charge the Health Care ment Act, I am rising in reluctant support for Turkmenistan, a newly independent Repub­ Financing Administration for certain care pro­ the bill. lic, bordering the oil and gas rich Caspian vided by VA to certain Medicare-eligible vet­ The Balanced Budget Act of 1997 imple­ Sea, plays a vital role in the stability of Central erans using a discounted Medicare fee sched­ mented a poorly designed formula for Medi­ Asia, a region that is quickly becoming one of ule or capitated payment rate. H.R. 1362 was care payments to home health agencies which the most strategically important areas in the approved by the Veterans' Affairs Committee devastated home health agencies around the world. with the support of the Administration and all country. Reimbursements were slashed across As we enter the 21st century, it should be of the major veterans' services organizations. the board and more than a thousand home the goal of the United States to support the Working with the Senate Committee on Vet­ health agencies either closed or began refus­ exploration and use of cleaner sources of en­ erans' Affairs, the Senate Finance Committee ing to accept Medicare beneficiaries. The ergy, without hampering economic growth. included a provision similar to H.R. 1362 in its number of Medicare-Certified Home Health Turkmenistan, a country with one of the larg­ version of the Balanced Budget Act of 1997. Agencies in my home State of Hawaii went est reserves of natural gas in the world, plays Unfortunately, this provision was not included from 28 in October 1997, to 22 in August a key role in reaching this goal. in the conference agreement. I hope that fu­ 1998. A 22 percent decline in ten months. At this point, political and economic factors ture negotiations with the Senate will yield a For every agency that is closed, there are have hindered Turkmenistan from exporting its measure more like H.R. 1362-a more several hundred patients who are abandoned. natural gas to the world. The United States thoughtful and cautious approach than the The situation compels immediate action and I must act to assist Turkmenistan in resuming measure we are considering today. am very pleased the House is addressing this the sale of its natural gas. The resumption of My support for the measure before us today problem. Nonetheless I believe more can be Turkmen gas sales is one of the main hurdles is due to VA's desperate need for funding done. that must be overcome before economic and from non-appropriated sources on which the I am distressed that this bill is not retro. political stability comes to this region. Administration is depending. Since it received active. Many agencies have continued to oper­ Without stability, Central Asia could cease authority to retain medical care cost recovery ate in the red for the past year clinging to the to be a viable source of clean energy for the funds, VA collections have actually declined. hope that Congress would enact retroactive world, and also deteriorate into a "hot spot" VA intended to use both Medicare reimburse­ legislation to fix the payment problem. Agen­ where different cultures and political forces ment and medical care cost recovery funds to cies will not get assistance for losses they could combine to create a threat to our na­ provide 10-percent of its funding from non-ap­ took this year and because of this, many will tional security. propriated sources. VA's inability to collect the close even with the additional payments pro­ Again, Mr. Speaker, I ask my fellow mem­ levels of funds it anticipated from these vided by this bill. bers to support this resolution, and in so doing sources has resulted in a serious unantici­ Furthermore this bill does not address the give Turkmenistan encouragement to promote pated budget shortfall. additional problems that would be created by stability and democratization in the region. Now VA faces a new challenge-the Under the impending home health payment reduction Secretary for Health has committed to "take scheduled for September 1999. Unless we ad­ all comers" into its health care system and dress this problem we will be in the same situ­ TRIBUTE TO DR. IVOR L. GEFT provide them with specified health care bene­ ation next September, as we are in now. fits. Since VA has already committed to enroll­ Since H.R. 4567's introduction, numerous HON. BRAD SHERMAN ing both veterans who bring payment for serv­ unrelated provisions have been added to the OF CALIFORNIA ices to the door with them and veterans with­ bill. One of my main objections to this bill is IN THE HOUSE OF REPRESENTATIVES out such funding, VA will have no, additional the inclusion of language expanding the Roth incentive to treat those in higher-income IRA limit from $100,000 to $145,000. This is a Saturday , Octob er 10, 1998 groups. I am uncertain what the con­ tax shelter for the wealthy and will cost U.S. Mr. SHERMAN. Mr. Speaker, I rise today to sequences of Dr. Kizer's deCision to enroll all taxpayers almost $5 billion over 10 years pay tribute to Dr. lvor L. Geft, one of the most veterans will be for VA, but I know that addi­ while providing little, if any, benefit to the ma­ dynamic and dedicated physicians in Los An­ tional resources will better ensure its ability to jority of the population. geles. Dr. Geft is the recipient of The Jewish October 11, 1998 EXTENSIONS OF REMARKS 25647 Healthcare Foundation-Avraham Moshe entered the Congressional service on Novem­ Robert C. Jazwinski who was awarded the Bikur Cholim's Ahavas Chased Award. He is ber 4, 1961, Congressman GONZALEZ has rep­ Shenango Valley Chamber of Commerce 1998 being recognized for his excellence in caring resented his constituents, his State, and his Person of the Year Award. for the health and welfare of all citizens of Los Nation with the utmost loyalty and dignity. This award is presented annually by the Angeles, regardless of age, sex, creed, or As the Representative of the San Antonio Shenango Valley Chamber of Commerce in color. area, Congressman GONZALEZ has served on order to honor a person who exemplifies lead­ The Talmud states, "He who does Charity the House Committee on Banking, Finance, ership, commitment, and devotion to the and Justice is as if he had filled the whole and Urban Affairs and on its housing sub­ Shenango Valley area. Robert Jazwinski's ef­ world with kindness." In the spirit of these committees. As the Chairman of the Banking forts in supporting and promoting the words, Dr. Geft continuously performs acts of Committee from 1989 to 1994, the Congress­ Shenango Valley have been exemplary. charity and justice that brings an incredible man conducted over 500 hearings that cov­ The Shenango Valley is grateful that Mr. sense of loving kindness and hope to the ered topics ranging from the Bush Administra­ Jazwinski has decided to make it his home greater community of Los Angeles. His dedi­ tion's pre-war policy toward Iraq to the Bank of along with his wife Sally and three daughters cation to increasing the well being of the ailing Commerce and Credit International scandal. Alison, Sarah and Jenny. He is the president is unique. Known for visiting patients young While acting as Chairman of the Banking and chief executive officer of Jazwinski Finan­ and old alike, he can be spotted in a variety Committee, Congressman GONZALEZ also cial Services. Robert has established himself as a Certified Public Accountant, Certified Fi­ of hospitals and homes throughout Los Ange­ guided 71 bills through the legislative proce~s. nancial Planner and Specialist and has been les around the clock. Amidst the busy sched­ Among these important measures were b1lls recognized by the Personal Financial Planning ule of a cardiologist, Dr. Geft does not hesitate that provided important services such as mak­ Division of the American Institute of Certified to make time for any of his patients. His com­ ing more credit available to small businesses mitment to helping others has significantly im­ Public Accountants with high distinction. and strengthening laws pertaining to financial Mr. Jazwinski has been committed to the proved the quality of life in our community. crimes. As a member and a Chair, Congress­ Dr. Geft's compassion is coupled with his Shenango Valley because he cares about man GONZALEZ assisted in the restoration of bringing its citizens ·together. He has served reputation as one of the most well respected the savings and loans industry and helped to cardiologists in the city of Los Angeles. Dr. on the board of directions of the chamber of overhaul the deposit insurance system. commerce and as a commissioner for the city Geft serves as a physician specializing in car­ Beyond his work with the Banking Com­ diology, primarily at Cedars-Sinai Medical of Hermitage. Currently, he is an F.H. Buhl mittee, Congressman GONZALEZ has actively Trustee, executive vice president of the Center. He also travels throughout the city and promoted legislation that dealt with areas such has privileges to UCLAHospital, Midway Hos­ Shenango Valley Foundation, and a member as civil rights, education, veterans, and equal of the board of directors for the executive pital, and Century City Hospital. He is an as­ opportunity. . committee and treasurer of the Penn North­ sociate clinical professor at the UCLA School As the Chairman of the Subcommittee on west Development Corporation. of Medicine. However, his well earned reputa­ International Development Institutions and Fi­ It is an honor to recognize Mr. Jazwinski tion began prior to his practice in Los Angeles. nance, the Congressman sponsored the "Gon­ and his achievements. He is a man who has Dr. Geft was senior cardiologist at Shaare zalez Amendment" that protects U.S. citizens' made an important difference in the Shenango Zedek Hospital and worked as a fellow in car­ overseas property from expropriation without Valley. diology at the Hadassah Medical Center in Je­ just compensation from a foreign government. rusalem, Israel. He attended school at the Uni­ As the Chairman of the ad hoc Sub­ versity of Cape Town in so.uth Africa: . committee on the Robinson-Patman Act, Anti­ NATIVE AMERICAN PROGRAMS Dr. Geft's list of accomplishments 1s tireless. trust Legislation, and Related Matters, Con­ ACT AMENDMENTS OF 1997 He is a member of the world renowned Royal gressman GONZALEZ preserved the interests of SPEECH OF College of Physicians in the United Kingdom. small businesses. Moreover, the report he He is also a member of the Israel Board of issued as the Chair is now revered by anti­ HON. ENI F.H. FALEOMAVAEGA Cardiologists. He belongs to the California trust lawyers. OF AMERICAN SAMOA Medical Association, is a fellow at the Amer­ Most significantly, the Congressman helped IN THE HOUSE OF REPRESENTATIVES ican College of Cardiology, and is a member his constituents by authoring a series of public Friday, October 9, 1998 of the Israel Medicine Society. His leadership laws over a six year period that paved the way abilities have been recognized by many, in­ Mr. FALEOMAVAEGA. Mr. Speaker, I rise to San Antonio's hosting of the 1968 World's today in strong support for S. 459, a measure cluding the American Heart Association, who Fair. That event generated business for the awarded him the Young Investigators Award. to reauthorize the Native American Programs Congressman's district and resulted in a con­ Act of 1974. The purpose of this bill i~ to Today, his talents are being recognized once vention center, an exhibit hall, additional ho­ again. amend the Native American Programs Act to tels, a new theater and restaurant district, and extend the authorization to fiscal year 2000 of Mr. Speaker, please join me in honoring Dr. additional shops. Geft for his love, dedication, and passionate appropriations for programs administered by We will miss Congressman GONZALEZ's the Administration for Native Americans (ANA) service to his patients and the community of dedication and service as a Member of Con­ Los Angeles. with the Department of Health and Human gress. I know that my home State of Taxa~ Services. This legislation would also reauthor­ will miss the service of one of our great Amen­ ize, for a period of 1 year, the Native Hawaiian HONORING HENRY B. GONZALEZ cans on its behalf in the U.S. Congress. On revolving loan fund. FOR 41/2 DECADES OF SERVICE behalf of Texas, I would like to thank Con­ Mr. Speaker, this legislation is critical to TO THE HOUSE AND THE PEOPLE gressman GONZALEZ for his accomplishments. continue the availability of a modest amount of OF THE 20TH CONGRESSIONAL I wish him the best as he embarks on his well­ grant funds used by native communities na­ DISTRICT OF TEXAS earned retirement. tionwide to foster economic growth, develop tools for good governance and promote social SPEECH OF welfare. HON. SHEILA JACKSON-LEE HONORING ROBERT C. JAZWINSKI, In 1974, the Native American Programs Act SHENANGO VALLEY CHAMBER was enacted by Congress to assist tribes and OF TEXAS OF COMMERCE 1998 PERSON OF other Native American communities with de­ IN THE HOUSE OF REPRESENTATIVES THE YEAR AWARD veloping social, economic, and governance Friday, October 9, 1998 strategies in order to become economically Ms. JACKSON-LEE of Texas. Mr. Speaker, HON. PHIL ENGLISH self-sufficient. Since its enactment, hundreds it is a privilege to stand here and extol the OF PENNSYLVANIA of tribes, reservation communities, and other achievements of Congressman GONZALEZ. His IN THE HOUSE OF REPRESENTATIVES native organizations have benefited from the legacy is as extensive as it is grand, and I find programs funded under this Act, progr~ms myself awed by his accomplishments. Saturday, October 10, 1998 which foster the development of stable, diver­ Congressman GONZALEZ has served in Con­ Mr. ENGLISH of Pennsylvania. Mr. Speaker, sified local economies by developing the phys­ gress for 38 years. From the moment that he it is with great pride that I rise today to honor ical, commercial, industrial and/or agricultural 25648 EXTENSIONS OF REMARKS October 11, 1998 components necessary for a functioning eco­ recreation facilities and a close-knit community require facilities to provide direct written nomic base. atmosphere. notification of mammographic results to all ANA has provided grants for governance, I wish to commend Monroe Township and patients. We join the Agency for Health Care social, and economic development projects; all of the people of Monroe on this historic an­ Policy Research (AHCPR) and other experts and consumers in believing that direct noti­ grants to assist with tribal recognition efforts; niversary. It is an honor to have this great fication is the best public policy. grants for projects to assist tribes in their ca­ township within the borders of the twelfth con­ We also understand that the bill includes pacity to meet environmental requirements; gressional district. language that would permit the Food and grants to support projects which promote the Drug Administration (FDA) to conduct a survival and preservation of Native American limited demonstration project to determine languages and funds to support the Native SENSE OF THE HOUSE REGARDING the feasibility of inspecting high-performing Hawaiian revolving loan fund. These projects IMPORTANCE OF MAMMOGRAPHY mammography facilities on a less than an­ nual basis. While we have concerns about have served to improve the quality of living for AND BIOPSIES IN FIGHTING BREAST CANCER backing away from annual inspections, we thousands of Native American families and have been working with the Committee to communities. SPEECH OF ensure that any demonstration project is The ANA funding policy is to assist Indian done on a restricted basis with regard to the Tribes and Native American organizations to HON. TOM BULEY facilities that are selected for inclusion in plan and implement their own long-term strate­ OF VIRGINIA the program. Moreover, the demonstration, gies for social and economic development. IN THE HOUSE OF REPRESENTATIVES not to begin before April 1, 2001, should be The aim is to increase local productivity and constructed with the utmost caution to en­ Thursday, October 8, 1998 sure facilities continue to adhere to tough reduce dependence on government social Mr. BULEY. Mr. Speaker, the attached let­ national mammography standards. services. This legislation will extend until fiscal We look forward to working with the Com­ year 2000 the authorization for these modestly ters are submitted for inclusion in the RECORD. mittee to continue to find ways to improve funded yet very successful programs to OCTOBER 6, 1998. the MQSA program. Thank you again for strengthen and rebuild tribal communities Ron. TOM BLILEY, Chairman, your leadership and support. around the United States. House Committee on Commerce, Washington, Sincerely, I wish to thank my good friends, Senator DC. FRAN VISCO, DEAR CHAIRMAN BLILEY: On behalf of the President. CAMPBELL, Senator INOUYE and Senator MUR­ National Breast Cancer Coalition (NBCC), I KOWSKI for their efforts to extend the author­ am writing to thank you for your support ization for these valuable resources to improve and leadership in reauthorizng the Mammog­ STATEMENT OF CHRISTINE BRUNSWICK, VICE raphy Quality Standards Act (MQSA). By PRESIDENT, NATIONAL BREAST CANCER COA­ opportunities for self-sufficiency for Native LITION , SEPTEMBER 23 , 1998 American, Native Hawaiian, Pacific Islander adopting national standards for the provi- . sian of mammography, the Congress has Thank you very much for the opportunity and other native peoples. to speak today. On behalf of the National Mr. Speaker, the programs authorized in helped ensure that women get the highest quality screening. Breast Cancer Coalition, I want to begin by this measure are critical to fostering social and We would also like to commend your lead­ thanking Chairman Bliley, Chairman Bili­ economic self-sufficiency-a goal shared by ership for working so hard to include a direct rakis, and the Members of the House Com­ this Congress as we move toward greater fis­ notification provision in this year's reau­ merce Committee for their leadership in re­ cal responsibility in all American communities. thorization. This is a very important issue authorizing H.R. 4382, the Mammography I urge -my colleagues to act favorably and ex­ for women. As you know, NBCC believes Quality Standards Act. MQSA establishes peditiously on this measure. along with the Agency for Health Care and minimum national quality standards for Policy Research (AHCPR) that the best pub­ mammography facilities and personnel and lic health policy is for women to receive di­ also includes a rigorous annual inspection COMMEMORATING THE 160TH ANNI­ rect written notification of the results of program to ensure those standards are met. their mammogram. Direct notification will These are essential components in the fight VERSARY OF MONROE TOWN­ against breast cancer. SHIP, NEW JERSEY permit women to make informed medical de­ cisions at a critical time. H.R. 4382 improves mammography screen­ Our experience as activists and consumers ing by providing all patients-for the first HON. MICHAEL PAPPAS is that without a requirement that facilities time ever-with direct written notification of their mammography test results. NBCC OF NEW JERSEY provide direct written notification to pa­ tients-it won't always happen. Without di­ believes that women are entitled to know IN THE HOUSE OF REPRESENTATIVES rect reporting, some women, waiting to hear the results of their own mammograms and Saturday, October 10, 1998 from their physician may make the tragic that they should not have to rely solely on their physicians to notify them of their re­ Mr. PAPPAS. Mr. Speaker, I rise today to assumption that "no news is good news." It is for that reason that your leadership on in­ sults. congratulate the people of Monroe Township, cluding this requirement is so significant. NBCC believes that written notification is New Jersey as they celebrate their 160th anni­ Thank you again for your commitment to the right public policy. It permits women to versary. this issue. We look forward to continuing to make informed medical decisions at a crit­ Monroe, named after our fifth president, work with you to eradicate breast cancer. ical time. Public health organizations and James Monroe, became a township on Feb­ Sincerely, consumer advocates have stressed consist­ ently that women are entitled to know the ruary 23, 1838. The first people to inhabit the FRANCES M. VISCO, President. results of their exams and that it is the fa­ land were the Leni Lenape Indians, followed cilities' responsibility to provide direct writ­ by those seeking religious freedom from Eng­ ten notification of mammography results to land and Scotland who arrived in the mid-sev­ AUGUST 3, 1998. all patients. For numerous reasons, many enteenth century. Both groups were attracted Han. TOM BLILEY, health care providers do not always commu­ to the area's fertile soil, abundant water and Chairman, Committee on Commerce, nicate the results of mammograms to pa­ · miles of woodland. When Monroe became a Washington, DC. tients. And some women, waiting to hear DEAR REPRESENTATIVE BLILEY: On behalf of from their physician, may make the tragic township 160 years ago, it's population was the National Breast Cancer Coalition assumption that "no news is good news." only 2,435. (NBCC), I want to thank you for your leader­ As the Mammography Quality Standards Over the past 160 years, Monroe has grown ship in the reauthorization of the Mammog­ Act was originally adopted into law, there from a rural, farming area into an active resi­ raphy Quality Standards Act (MQSA). This was already a requirement for self-referred dential and commercial community. But resi­ program, which establishes minimum na­ women to be directly notified about the re­ dents and visitors to this beautiful town can tional quality standards for mammography sults of their mammography. Without a re­ still enjoy its working horse and produce farms facilities and personnel as well as a rigorous quirement that all patients are notified di­ and plush woodlands. Monroe Township is the annual inspection program to ensure those rectly, the concern is that women may not standards are being met, is an important hear about their mammography results until home of five large planned retirement commu­ component in the arsenal for fighting breast its too late. nities where almost half of their population of cancer. NBCC is not alone in supporting direct roughly 27,000 people reside. It boasts a The NBCC is extremely pleased that the written notification. Based on extensive re­ strong educational system, many parks and Committee has included language that would view of the literature, expert testimony, and October 11, 1998 EXTENSIONS OF REMARKS 25649 contributions of an independent multidisci­ Second, although the implementation of reduce morbidity and mortality from breast plinary panel of private-sector clinicians, the Act is not yet fully realized, lessons cancer. other experts and consumers, the Agency for learned from the on-site inspection process "The five-year survival rate for a woman Health Care Policy Research (AHCRP) highlight the opportunity to improve on the with localized breast cancer has risen to strongly recommended direct written notifi­ efficiencies of resources dedicated to assur­ about 97 percent today, largely through the cation 1n the Clinical Practice Guideline: ing the high standards of mammography advent of early detection of the disease. The " Any written communication must have quality the Congress intended. To that end, potential for early detection to be effective language that is carefully constructed to im­ we support the concept of demonstration is an empty promise if the quality of mam­ part results without causing undue anxiety, projects which will provide further analysis mography is low. Since early detection is so . to promote a relationship between the of the relationship between duration and fre­ important, all women should feel confident woman and health care provider, and to en­ quency of those on-site inspections. that mammography facilities in their com­ courage the woman to take the next step." Finally, the provision strengthening the munities achieve high standards. Just last The Food and Drug Administration (FDA) independent and objective role of reviewing week, the U.S. House of Representatives has stated that it " continues to believe that mammographers lends further credence to helped make this goal achievable through written notification of mammographic re­ the specific training they receive, which the continuation of Mammography Quality sults is the most reliable way to guarantee women want, deserve and expect from facili­ Standards Act. that each patient is notified of results and ties certified by the Federal Government. "The Mammography Quality Standards that any necessary follow up will occur," Many thanks for your support of the breast Act, or MQSA, represents an important mile­ and that it "agrees with consumer groups cancer cause. Please do not hesitate to con­ stone in the fight against breast cancer. that written notification of mammographic tact us if we may be of assistance in any Women can now continue to have confidence results represents the 'best practices' in en­ breast cancer issues that come before you. in the quality of their mammograms because suring that each and every woman is clearly Sincerely, mammography facilities are being certified and effectively notified of the results of her KIMBERLY CALDER, in accordance with federal standards. There­ mammogram ...'' MPS, Associate Executive Director. authorization process made it possible to en­ I am here today on behalf of the National hance MQSA- to make it even better than it Breast Cancer Coalition to ask the Senate to was the first time around. We are especially adopt the re-authorized version of MQSA SEPTEMBER 22, 1998. pleased that the U.S. House of Representa­ that has already been passed by the House. Hon. TOM BLILEY, tives included a provision to directly notify While the Senate re-authorized the MQSA (of Chairman, House Commerce Committee, women of their mammogram results in easy­ 1992) last year, that legislation did not in­ Rayburn House Office Building, to-understand language-which is a top pri­ clude a direct notification requirement. H.R. Washington, DC. ority of the American Cancer Society. 4382 would require that written notification DEAR CHAIRMAN BLILEY: We want to thank " Consumer and public health advocates be provided to every patient in terms easily you and the other cosponsors of the Mam­ have consistently stressed that commu­ understood by the general public. mography Quality Standards Act for legisla­ nicating mammography results directly to Our experience as activists and consumers tion that offers millions of Americans a women is a vital component of medical care is that without a requirement that facilities greater measure of hope as we confront the and a necessary quality standard. Women are provide direct written notification to pa­ battle against breast cancer. The House entitled to timely, accurate and easily un­ tients-it won't happen. acted wisely when it passed your bill. derstood information about the results of On behalf of NBCC, I am pleased to join It is our sincere hope the Senate will act their mammograms. Studies have shown Chairman Bliley, Chairman Bilirakis, and quickly to pass the House version. While the that women believe their mammography re­ sponsors of H.R. 4382 in asking that the Sen­ Senate bill also takes steps to advance mam­ sults are normal if they are not contacted ate pass the House passed MQSA reauthor­ mography standards, it does not include the after their examination. If in fact the infor­ ization into law this year. direct notification provisions in the House mation about a suspicious mammogram has version. Personal notification of test results fallen through the cracks, appropriate fol­ in terms women can understand can help low-up care is often unnecessarily postponed. September 21, 1998. save lives and should be part of final legisla­ A delay in diagnosis due to poor communica­ Hon. THOMAS J. BLILEY, Jr., tion. We urge Congress to pass a final bill tion can have adverse consequences for Chairman, Committee on Commerce, this session. women and their doctors. For women, it can U.S. House of Representatives. Thank you for your concern and efforts on mean fewer treatment options and reduced Hon. MICHAEL BILIRAKUS, this important issue of public health. chances at survival. For physicians, commu­ Chai rman, Subcommittee on Health and the En­ Sincerely, nication failures represent system failures vironment. SUSAN N. NATHANSON , PH.D., and, consequently, failures to meet the needs DEAR GENTLEMEN: The National Alliance of Executive Director, of their patients. Thus, direct notification Breast Cancer Organizations (NABCO) is ex­ Y-ME National Breast Cancer Organization. establishes that the interpreting physician, tremely grateful for your continued support the referring physician and the woman all of the National Mammography Quality play a role in ensuring that appropriate fol­ Standards Act and efforts to assure its reau­ STATEMENT BY JENNIE R. COOK, AMERICAN low-up takes place. thorization as soon as possible. Additionally, CANCER SOCIETY BOARD CHAIR, ON PENDING " Once again, on behalf of the American we were pleased by the outcome of the Com­ ACTION ON THE MAMMOGRAPHY QUALITY Cancer Society, I want to thank the U.S. mittee's August 5th deliberations and report STANDARDS ACT Congress for taking up this important legis­ including certain amendments, and have en­ " Good afternoon. I'm Jennie Cook, Chair­ lation, and I urge the U.S. Senate to pass HR couraged Senators Jeffords, Kennedy, and man of the National Board for the American 4382 in time for National Breast Cancer Mikulski to promote the adoption of the Cancer Society. Let me first begin by saying Awareness Month in October." House language into the Senate bill. In our that it is an honor to be here today with so opinion, the House Commerce Committee's many distinguished members of Congress. On amendments offer strong enhancements to behalf of the American Cancer Society, I FISH AND WILDLIFE REVENUE the original language of the Act and will want to thank the U.S. Congress for all ef­ benefit women throughout the country by forts to promote the highest standards in ENHANCEMENT ACT OF 1998 further improving the quality of their mam­ quality mammography. I also want to thank SPEECH OF mography screening. Chairman Bliley and Representative Bili­ First, an increasing number of women are rakis and many other key members of the HON. DAVID E. SKAGGS now receiving the results of their mammo­ committee for making this event possible. OF COLORADO grams directly from their mammography Without their leadership, we wouldn't be IN THE HOUSE OF REPRESENTATIVES provider, but it is not mandatory for the pro­ here today. viders to do so in most cases. In the unani­ " One of the first lines of defense in the Friday, October 9, 1998 mous opinion of the Quality Determinants of fight against breast cancer has been to en­ Mr. SKAGGS. Mr. Speaker, I rise in support Mammography Guideline Panel convened by courage screening, earlier diagnosis and of this bill. It's essentially identical to one (H.R. the Agency for Health Care Policy and Re­ prompt appropriate treatment. The Amer­ 2291) I introduced last year to improve the search "A report should be sent to the health ican Cancer Society strongly believes that care provider and results passed on to the every woman in this country has a right to ability of the Fish and Wildlife Service to carry woman." NABCO strongly supports every a mammogram of the highest standards of out its responsibilities in Colorado and around woman's right to receive the results of her quality, and we are committed to seeing that the country. I'm glad my colleague Senator screening mammogram directly, in a timely all women have access to high quality mam­ ALLARD chose to carry the bill in the Senate. manner, and in language that is meaningful mography, as well as other medical interven­ The Service is responsible for storage and to her. tions that have been convincingly shown to disposal of a great variety of fish and wildlife 25650 EXTENSIONS OF REMARKS October 11, 1998 and wildlife-related items that come into fed­ Labor Department, to be used as the U.S. cation, employment and job training, immigra­ eral ownership under a variety of laws. contribution to the International Labor Organi­ tion, health and safety, and leadership. Hundreds of thousands of these items are zation for the activities of the International Pro­ Mr. Speaker, distinguished colleagues, collected at two facilities in Commerce City, gram on the Elimination of Child Labor. please join me in paying tribute to the Allstate Colorado. Most are in the National Wildlife According to UNICEF statistics, between Hispanic Marketing Team and the Advertising Property Repository, while dead eagles and 200,000 and 250,000 child laborers exist and Brand Developing Group. They have eagle parts (including feathers) go to the Na­ worldwide, 95% of whom are in under­ shown unwavering commitment to the commu­ tional Eagle Repository. developed countries. The total includes chil­ nity and deserve our recognition and praise. From the general repository, the Service dren working on family farms and other "Con Allstate . . . Usted Esta En Buenas makes many items available to other agencies argibusinesses, in factories and perhaps most Manos." and to museums, zoos, schools and colleges tragically in the sex industries. for scientific, education, and official purposes. Countries including India, Nepal, Pakistan, From the Eagle Repository, eagles and eagles parts of Central American and Burma many THE DIGITAL DATA SERVICES ACT parts are made available to Native Americans young girls and young women are forced into OF 1998 for religious purposes. prostitution. In Sudan and Mauritania, thou­ These distributions meet a real need. In sands of ethnic minority children have been HON. W.J. (BILLY) TAUZIN 1996, the eagle repository filled more than kidnaped and sold into slavery. We are all OF LOUISIANA 1,300 requests, while between July, 1995 and aware of the problems worldwide of child labor IN THE HOUSE OF REPRESENTATIVES February, 1997 more than 5,700 items were and child abuse. Saturday, October 10, 1998 shipped from the general repository to organi­ Last year, I supported Representative LAN­ zations around the nation. TOS' legislation, H.R. 1870, The Young Amer­ Mr. TAUZIN. Mr. Speaker, I am today intro­ But many more items come into the general ican Worker's Bill of Rights, in order to set ducing legislation to assure that a duly li­ repository than are needed for such distribu­ minimum standards for protecting children in censed low powered television station may uti­ tion. Under applicable law, the Service has to the workplace. I urge my colleagues to sup­ lize its authorized spectrum to offer to the pub­ retain some of these items that aren't distrib­ port this legislation. We must do whatever we lic digital-based interactive broadcast services, uted. But others can be sold-and that's can to keep children safe. and wireless Internet access, one or two way, . where this bill comes in. portable or fixed, or connection to the Internet Under current law, proceeds from sales of via the Interactive Video and Data Service these unneeded items can be used for re­ TRIBUTE TO ALLSTATE HISPANIC (IVDS). wards and for some storage costs, but can't MARKETING TEAM The Federal Communications Commission be used to defray the costs of the sales them­ demonstrated sound judgment in granting lim­ selves. This bill would change this so that the HON. BRAD SHERMAN ited "experimental authority" to such stations Service could use the money from the sales to OF CALIFORNIA to develop alternative approaches for offering pay for the appraisals, auction expenses, and IN THE HOUSE OF REPRESENTATIVES to the general public digital data services, in­ other costs of those sales, as well as for proc­ cluding wireless Internet access at reasonable Saturday, October 10, 1998 essing and shipping of items and for any steps prices, and I want to make their authority per­ needed to clear title to them. Mr. SHERMAN. Mr. Speaker, I rise before manent. It's estimated that in the first year after en­ you today to pay tribute to the Allstate His­ In its short period of existence, the Internet actment, the bill will generate about a million panic Marketing Team and Advertising and has grown to become an important medium dollars in additional funding for the Service. Brand Development Group for their vision and for the conduct of commerce, the education of That will help make these programs more self­ commitment to better serve the needs of our children, and the maintenance of the in­ supporting, cutting red tape and making it Latino community. formed and enlightened electorate necessary easier for the Service to carry out these impor­ President Kennedy once said, "For those to to a free society. Given its status in the United tant activities. whom much is given, much is required." This States as a substantial educational, pro­ The bill would not authorize sales of any recognition is to honor the individuals who motional, commercial and distribution channel, items that can't be sold now, and it would not have exemplified such leadership, vol­ the Internet is one of the engines which is change any of the other rules regarding pro­ unteerism, and dedication. Committed to their driving the United States economy to record tection or management of fish or wildlife. industry leadership stance, these Allstate lead­ levels of productivity and employment. I think it's good sense as well as good gov­ ers have activity engaged in building relation­ One of the shortcomings of the technology ernment. I'm glad that the Senate has now ships with organizations in meaningful ways to is that it is wire bound. Through the efforts of passed this companion measure, and I urge develop solutions that make a positive dif­ the Federal Communications Commission and the House to concur and clear the bill for sign­ ference for individuals and communities. private entrepreneurs, however, that short­ ing into law. Pioneering programs that range from the coming is being ameliorated. There are cur­ Finally, let me remind my friend from Cali­ development of the "En Buenas Manos" rently a number of low-power television sta­ fornia that this bill really originated on this side (Good Hands) Award which commemorates tions in the United States which have obtained of the aisle. Equitable treatment of minority individuals who volunteer their time and en­ experimental authority to provide Internet serv­ legislation on the suspension calendar is an ergy to improve the quality of life in the Latino ice because this service is an innovative use objective I share. However, this bill is community, to the sponsorship of national of the spectrum which will benefit the public. bipartism-and it should pass. events such as the National Council of La It is the policy of the United States, as evi­ Raza Conference (NCLR), and the Olmos denced by the provisions of Sections 7, 10, Latino Book and Family Festival is what sets 11, and 273 of the Communications Act of INTERNATIONAL CHILD LABOR Allstate apart. 1934, as amended, to remove barriers to entry RELIEF ACT OF 1998 The list of cultural and civic Hispanic events and to foster innovation in the telecommuni­ in which Allstate and its vast network of cations marketplace. The legislation I am intro­ SPEECH OF agents participate as individuals and as a ducing today is designed to ensure that these HON. SHEILA JACKSON-LEE company is long, and includes festivals, pa­ low power stations offering Internet service OF TEXAS rades, conferences, and other national and may continue to provide the public with high IN THE HOUSE OF REPRESENTATIVES local events of special interest. speed wireless Internet access. In addition to its commitment to providing its Recent history of telecommunications aptly Thursday , October 8, 1998 customers with the highest levels of service, illustrates the demand and utility of wireless Ms. JACKSON-LEE of Texas. Mr. Speaker, Allstate, through its Hispanic Marketing Team access. Wireless telecommunications has I rise to speak in support of the International and Advertising and Brand Development been a substantial enhancement to the United Child Labor Relief Act today. Group, has forged relationships and spear­ States economy. Wireless Internet access This bill authorizes the payment of $30 mil­ headed programs that deal with issues such promises even greater but similar economic lion for FY 1999, 2000 and 2001 for the U.S. as housing and community development, edu- benefits. Use of low-power television stations October 11, 1998 EXTENSIONS OF REMARKS 25651 for wireless Internet access would facilitate the my Technology Subcommittee hearings. We tion passed by the House of Representatives provision of the Internet to schools and public heard of the need to promote greater interest on October 9, 1998, H.R. 4567, "The Medi­ libraries without the necessity for expensive in assistive technologies, to enhance invest­ care Home Health Care Interim Payment Sys­ rewiring of those facilities. For these reasons, ment opportunities by the Federal Govern­ tem Refinement Act," as it was amended by there is substantial public interest benefit in ment, as well as public and private entities, in the Commerce Committee. This legislation will encouraging the provision of wireless Internet addressing the unmet technology needs of in­ remedy some of the problems the home access. dividuals with disabilities, and to allow for in­ health agencies in my state and district are I anticipate that the subcommittee on tele­ creased methods by which individuals with facing with the interim payment system communications will take this matter up early disabilities could purchase assistive tech­ passed in the Balanced Budget Act of 1997. next year. I ask my colleagues to join me in nologies. This bill would do just that. The state of Texas is a unique state in more supporting this effort. The Act builds on the success of the Tech­ ways than one. We have a very large and nology-Related Assistance for Individuals with ever-growing population. We also have a very Disabilities (known commonly as the "Tech high number of "new" home health agencies, ASSISTIVE TECHNOLOGY ACT OF Act" or as Public Law 1OQ-407) that we en­ 1998 meaning agencies established after October 1, acted back in 1988. The Tech Act supports all 1994. According to the September 1998 Gen­ 50 States in providing for the technology SPEECH OF eral Accounting Office report to Congress on needs of our nation's 49 million disabled citi­ HON. CONSTANCE A. MOREllA Home Health Agency Closures, Medicare-cer­ zens, focuses the Federal investment in tech­ tified home health agencies in Texas grew OF MARYLAND nology that could benefit individuals with dis­ from 961 agencies in 1994 to 1,949 agencies IN THE HOUSE OF REPRESENTATIVES abilities, and supports micro-loan programs to in 1997. According to that same report, 134 Friday, October 9, 1998 provide assistance to individuals who desire to agencies have closed recently, leaving the Mrs. MORELLA. Mr. Speaker, I am very purchase assistive devices or services. state with 1,758 agencies as of August 1, Title I of the Assistive Technology Act au­ pleased that yesterday the House passed 1998, still more, many more agencies than ex­ thorizes funding for a number of grant pro­ S. 2432, the Assistive Technology Act of isted in the state in 1994. As you can see, grams for five years, from fiscal years 1999 1998. The bill, with its House amendments, Texas, as opposed to a state like New Hamp­ through 2004, extending the Tech Act after its will soon be brought before the Senate for its shire which has only 46 home health agen­ sunset this year. Under the Act, States will be consideration and I look forward shortly to its cies, has been affected greatly by the interim able to continue the successful programs of enactment and signature into law by the Presi­ payment system. technology assistance that has served the dis­ dent. One issue I have been very involved with as In June of this year, I introduced H.R. 4603, abled community well for the past decade. In the 10 years since the enactment of the the Chairman of the House Commerce Sub­ the Assistive and Universally Designed Tech­ Tech Act, every State has established pro­ committee on Oversight and Investigations is nology Improvement Act for Individuals with grams that promote assistive technologies to the problem of fraud and abuse in the Medi­ Disabilities. H.R. 4603 was also introduced in individuals with disabilities. For example, a care and its effect on the continued solvency the Senate as S. 2173, offered by my distin­ very successful partnership has been estab­ of the program. One of the changes made in guished Senate colleague from Missouri, Mr. lished with my home state of Maryland to help the Balanced Budget Act of 1997 was to move Bond. I am very pleased that S. 2432 incor­ people with disabilities access assistive tech­ Medicare home health care reimbursement to porates a number of provisions from my bill, nology services and devices. a prospective payment system (PPS). Since H.R. 4603. Additionally, the Assistive Technology Act there were impediments to going to a PPS im­ Mr. Speaker, my Technology Subcommittee will help States establish and strengthen sys­ mediately, an interim payment system (IPS) has held two hearings, and two exhibitions, in tems to inform people with disabilities in deter­ was established for reimbursement to home this Congress on the need to promote greater mining their best technology options. While health care agencies. As stated above, the access to technology for people with disabil­ there has been a great deal of progress in the IPS has caused problems for many agencies, ities. The testimony from the hearings dem­ creation of new assistive technologies, infor­ especially newer agencies. The problems with onstrated that clear need. mation about these devices is difficult to find the IPS and the fact that HCFA recently an­ As a result of the hearings, the Technology nounced that they will not meet the original Subcommittee was impressed with the need and inconsistent. The Act would authorize the development of a national, on-line resource October 1, 1999 date set for the PPS to be for a greater emphasis to develop assistive enacted required Congressional action to technologies. Yet, the area of assistive tech­ and distance learning center for people with disabilities. The Act also offers an on-line straighten out some of the problems with the nology is greatly overlooked by the Federal IPS. Government and the private sector. website to inform the disabled community of While the importance of assistive tech­ newly created assistive technology devices. There are obviously some bad actors in nologies spans age and disability classifica­ . Mr. Speaker, assistive technologies are home health care, but there are many more tions, assistive technologies still do not main­ being used to increase, maintain, and improve good ones. I do not believe it was the Con­ tain the recognition in the Federal Government the functional capabilities of individuals with gress' intention for good operators to be pun­ necessary to provide important assistance for disabilities. By encouraging the development ished by regulations that are too punitive. The research and development programs or to in­ of assistive technologies, we are offering peo­ honest providers who want to provide quality dividuals with disabilities. The private sector ple with disabilities the abilities they all seek­ care should not be penalized. generally lacks adequate incentives to the ability to successfully compete in the mod­ The legislation considered by the House produce assistive technologies and end-users ern workplace and the ability for independence makes a move in the right direction. I com­ lack adequate resources to acquire assistive in the home. I urge my colleagues to support mend the principals involved, Ways and technology. this important bill and I will work towards en­ Means Chairman BILL ARCHER and Health It is also believed that there are insufficient actment of this worthy legislation. Subcommittee Chairman BILL THOMAS, as well links between federally funded assistive tech­ as Commerce Chairman TOM BULEY and nology research and development programs MEDICARE HOME HEALTH AND Health Subcommittee Chairman MICHAEL Blu­ and the private sector entities responsible for VETERANS HEALTH CARE IM­ RAKIS, on achieving some legislative relief for translating research and development into sig­ PROVEMENT ACT OF 1998 the home health agencies in my state as well nificant new products in the marketplace for as across the country. end-users. Accordingly, new partnerships-in­ SPEECH OF I do not believe that I am alone in the senti­ volving the public and private sectors-must HON. JOE BARTON ment that we will be revisiting the home health be formed to aid Americans with psychical dis­ care issue in the 106th Congress for there are OF TEXAS abilities improve their quality of life and pro­ additional issues yet to be considered. I do IN THE HOUSE OF REPRESENTATIVES vide a means for acquiring a job to become support this home health package and its con­ self-sufficient. Friday, October 9, 1998 tribution towards a workable, efficient, and The Assistive Technology Act of 1998 legis­ Mr. BARTON of Texas. Mr. Speaker, I common sense solution for home health care lates a number of recommendations made in would like to express my support for legisla- agencies across this country. 25652 EXTENSIONS OF REMARKS October 11, 1998 INTERNATIONAL ANTI-BRIBERY AUTHORIZING THE COMMITTEE ON rush to judgment or a preordained result. That AND FAIR COMPETITION ACT OF THE JUDICIARY TO INVESTIGATE would be just as much an abuse of the proc­ 1998 WHETHER SUFFICIENT GROUNDS ess as ignoring the charges because they are EXIST FOR THE IMPEACHMENT made against the President. The Independent OF WILLIAM JEF FERSON CLIN­ Counsel has presented his report and the evi­ SPEECH OF TON, PRESIDENT OF THE UNITED dence supporting it cites possible impeachable STATES offenses. The President has the right to HON. BENJAMIN A. GILMAN present his formal defense. But for him to do OF NEW YORK SPEECH OF so, there must be an inquiry. That is why we must pass this resolution. IN THE HOUSE OF REPRESENT ATIVES HON. VINCE SNOWBARGER OF KANSAS Friday, October 9, 1998 IN THE HOUSE OF REPRESENTATIVES CONFERENCE REPORT ON H .R. 3874, Mr. GILMAN. Mr. Speaker, I rise in support Thursday , Octob er 8, 1998 WILLIAM F. GOODLING CHILD of H.R. 4353, "The International Anti-Bribery Mr. SNOWBARGER. Mr. Speaker, I rise in NUTRITION REAUTHORIZATION and Fair Competition Act" and ask permission support of H. Res. 581. The House Judiciary · ACT OF 1998 to revise and extend my remarks. Committee must hold a formal inquiry into whether the charges set forth by the Inde­ SPEECH OF This legislation provides the underlying au­ pendent Counsel are sufficient grounds for the HON. SHEILA JACKSON-LEE thorities for the implementation of the Anti­ impeachment of the President of the United Bribery Convention of the Organization for OF TEXAS States. IN THE HOUSE OF REP RESENTATIVES Economic Cooperation and Development We shirk our constitutional duty as Members which criminalizes the bribery of foreign public of the U.S. House of Representatives if we Thursday, October 8, 1998 officials. bury our heads in the sand in the face of evi­ Ms. JACKSON-LEE. Mr. Speaker, thank you I would like to compliment the principal dence that the President-having sworn an for the opportunity to speak on this important bill. This program, the Women, Infants and sponsor of this legislation, the gentleman from oath to tell the truth, the whole truth and noth­ ing but the truth-may have committed perjury Children nutrition program provides nutrition Virginia, Chairman BULEY, for his leadership in before a Federal judge and before a grand education and supplemental food to low-in­ this issue and for his assistance and coopera­ jury, may have involved other administration come pregnant and post-partum women, in­ tion in including reporting provisions that en­ officials in a cover-up, and may have con­ fants and children up to age five. The purpose sure that the administration carefully monitors spired to suborn perjury. of the bill is to reauthorize through the year the implementation of this OECD Convention, The President's apologists on the other side 2003, the WIC nutrition program. It also con­ that it be updated and amended to include of the aisle are quick to point out that Mr. Clin­ tains other provisions including breastfeeding other officials, including political parties, party ton's admitted pattern of lies were to cover up promotion which I have supported through my officials or candidates, and that nongovern­ an affair with a White House intern. The lies co-sponsorship of the Lactation in the Work­ mental groups such as Transparency Inter­ with which we are concerned were not to his place Act. national have a role in the review process. family. Let us face the fact that his lies also This program will also reauthorize a national were a deliberate effort to subvert justice in a summer food program for children of low in­ Mr. Speaker, since the Foreign Corrupt sexual harassment suit filed against him by come families, because children need to eat Practices was adopted in 1977, the U.S. was another workplace subordinate. He was a de­ even when they are out of school. In my opin­ the only country that prohibited the practice of fendant, trying to dodge a judgment by fudging ion, Mr. Speaker, there is nothing more impor­ bribery of foreign officials. the truth. tant than making sure our children and our From the point of view of our Committee, To ignore the President's transgressions, to families are safe and healthy. allow this President to escape the scrutiny he fighting corruption on an international basis is WIC provides our children with the basics has earned by his own actions, would be to they need. This is not a luxury program, it is important for reasons beyond just "levelling establish a precedent in which perjury by fu­ a necessity, and we must continue to reau­ the playing field" for business. ture elected officials would be permissible. thorize it! It is also important because corruption, in That is not tolerable in a nation based on the I cannot imagine that anyone would vote and of itself abroad harms American interests. sanctity of law. against this bill that keeps our children fed, Corruption of public officials abroad under­ What do we say to the 100-plus prison in­ and helps our families survive. Thank you for mines democracy and retards development: mates who are behind bars for their failure to the opportunity to speak here today. funds are diverted from the intended use into tell the truth in courtrooms if we abdicate our duty to further investigate this President? the hands of ruling elites who perpetuate their What do we say to Susan McDougal, a friend TRIBUTE TO ALLSTATE power. This is truly a vicious circl~ne that of Mr. Clinton's who languished in prison for INSURANCE COMPANY has to be broken. 18 months after refusing, like our President, to Even though it has taken decades for the fully answer the questions ·of a grand jury? Do HON. BRAD SHERMAN world to begin to follow our unilateral effort, we tell them that our President is above the OF CALIFORNIA and I stress the word "unilateral", I believe the law? IN THE HOUSE OF REPRESENTATIVES prize is worth having. More importantly, what do we say to those who are victims of such perjury in the future? Saturday, October 10, 1998 With The passage of this implementing leg­ Do we tell them justice does not matter and Mr. SHERMAN. Mr. Speaker, I rise to ac­ islation today I am pleased that we will soon lies under oath are no longer really important? knowledge the Allstate Insurance Company for be taking part in a 29-nation OECD-Ied effort Mr. Speaker, Justice is blind so she cannot its leadership and dedication to enhance the toward this same goal. It is critical that we be influenced by the sight of who is before lives of the members of the communities it pass this important legislation so the U.S. can her, no matter how exalted an office he may serves and for its strategic commitment to the continue to take the lead in ensuring that brib­ hold. Her scales are balanced so that all be­ diverse Hispanic community. Today Allstate is ery and corrupt practices be driven from the fore her are treated equally. If a man who the leading national company among His­ international marketplace. holds the highest office of trust the people of panics for auto, property, and life insurance. this Nation can bestow may-with impunity­ The Allstate Insurance Company and its Accordingly, I urge the adoption of this unbalance those scales through perjury, none agent network have a long heritage of caring measure. of our fine legal and judicial institutions mean and commitment. For over sixty years Allstate anything other than a cynical farce. has actively supported the community by es­ The President is still presumed innocent. By tablishing "Helping Hands" activities, the phil­ voting for this resolution, I am not voting for a anthropic efforts of the Allstate Foundation, October 11, 1998 EXTENSIONS OF REMARKS 25653 programs such as the Allstate Giving Cam­ eral securities laws, or to require or encourage press the many contributions JERRY has made paign and All-American City Awards, and by the Secretary of the Treasury to review en­ to his country, the military and this institution. their participation in the President's Summit for forcement actions under the Federal securities JERRY served as a United States Marine dur­ America's Future and important working rela­ laws or to modify, or recommend the modifica­ ing the Korean War. His military service tionships with the National Council of La Raza tion of, regulations promulgated under the marked the beginning of a lifetime of service (NCLR). HAPCOA (Hispanic American Police Federal securities laws. and commitment to a strong national defense Commanders Association) and SER (Service, and to the welfare of our armed forces. When­ Employment and Redevelopment). TRIBUTE TO MARK BERRY ever and wherever there was a debate or a Add to this the more than one million hours reason for this House to act to protect or ad­ Allstate employees and their families volunteer vance the cause of American national security, annually to shelters, hospitals, soup kitchens, HON. MARION BERRY you could always count on finding JERRY SoL­ OF ARKANSAS schools, and places of worship and we see OMON in the thick of it, fiercely determined and IN THE HOUSE OF REPRESENTATIVES how Allstate keeps the tradition of giving alive. dedicated to ensuring we not sacrifice or place Throughout its history the company has Saturday, October 10, 1998 in danger our most precious commodities-our been tirelessly involved in providing time and Mr. BERRY. Mr. Speaker, I rise today to financial resources to civic, charitable, humani­ freedom and liberty in a dangerous world. recognize a great American. Mark Berry is the tarian, government, and educational causes as I can state without equivocation that there kind of man that has made this country the well as safety and prevention programs that has been no greater advocate for the brave great Nation it is today. He works hard, plays target teen drivers, fire prevention, theft, and men and women in uniform who stand at the by the rules, and asks only to be given a child, property, and home safety. ready to protect the freedoms that we enjoy. Becoming a major sponsors of the 1998 chance. Mark is a man who started literally from Whether fighting to protect veterans benefits, Latino Book and Family Festival and sup­ scratch, with little more than the great heritage the integrity of the selective service or ade­ porting Edward James Olmos' efforts to link we share, and built a nice farm and agri­ quate resources for our military, JERRY has al­ culture through literacy and education, further business. He is a leader in his Church, com­ ways worked to ensure that the Congress ful­ demonstrates the Allstate commitment to sup­ munity, and his profession that he loves so. fills its greatest Constitutional duty-to provide port programs that are of importance to their His accomplishments also include bringing for the defense of this nation. customers and to each of us. three wonderful children into the world and Mr. Speaker, distinguished colleagues, As the Chairman of the House National Se­ raising them to be successful adults and pro­ please join me in paying tribute to the Allstate curity Committee, I have been particularly ductive citizens. Their heritage will be his good Insurance Company, a role model of good cor­ blessed to be able to turn to Chairman JERRY name. porate citizenship for Corporate America. SOLOMON for the past four years for help and He is the kind of man that always does guidance in bringing the annual national de­ much more than his share when there is a fense authorization bills before the Rules MONEY LAUNDERING AND FINAN­ need. He never asks, "Do I owe it to them?" Committee and the House floor. Our Commit­ CIAL CRIMES STRATEGY ACT OF only "Do they need my help?" His generosity tee's record of success on the House floor can 1998 knows no bounds. be largely attributed to JERRY's tireless com­ He follows the tradition of his father in mitment to a fair and open process coupled teaching generations of young people how to SPEECH OF with an unmatched devotion to our American hunt and fish and is much beloved because of HON. JAMES A. LEACH this. His skills in this area are considerable men and women in uniform and commitment OF IOWA partly because he assigns a high priority to to maintain a strong defense. IN THE HOUSE OF REPRESENTATIVES pursuing this avocation. He is the kind of man These efforts have been particularly impor­ Monday, October 5, 1998 that a mother and father will look upon and tant in a time when most Americans take to­ Mr. LEACH. Mr. Speaker, I would like to in­ say "He is my son and I am so proud of him." day's economic prosperity and relative global clude for the RECORD the following statement Lloyd and Eleanor Berry, I am sure, absolutely peace for granted. JERRY has always recog­ memorializing an understanding between the burst with pride today. nized the important role that a strong U.S. His community of Bayou Meto has benefited Committee on Commerce and the Committee military plays in maintaining America's global on Banking and Financial Services relating to from his service for all of. his years and this leadership. He truly understands that the end a specific provision of H.R. 1756: world is a better place because he is here. of the Cold War was not the end of a dan­ Mark and I have been associated in busi­ Section 2 of H.R. 1756 amends Chapter 53 gerous world. Indeed, the end of the Soviet ness for all our adult lives and have never had of Title 31 of the United States Code to direct Union meant only that the many threats to a cross word. the Secretary of the Treasury to "regularly re­ U.S. national security, including regionai un­ It is my good fortune for him to be my broth­ view enforcement efforts under this sub­ rest, terrorism, proliferation of weapons of er whom I love dearly. chapter and other provisions of law and, when mass destruction, and ethnic violence, would appropriate, modify existing regulations or pre­ no longer be contained by the Cold War. scribe new regulations for purposes of pre­ TRIBUTE TO THE HONORABLE JERRY's departure from this House will be a venting" money laundering and related finan­ GERALD SOLOMON (R-NY) loss to this nation. He will leave behind a huge cial crimes. On June 25, 1998, the distin­ and difficult gap to fill in the contingent of guished Chairman of the Committee on Com­ SPEECH OF members dedicated to the honorable but in­ merce, Mr. Bililey, wrote me to express the HON. FLOYD SPENCE creasingly frustrating cause to halt the further concern that "such a broad mandate could be OF SOUTH CAROLINA erosion of U.S. military capability. However, interpreted to authorize the Secretary of the IN THE HOUSE OF REPRESENTATIVES his leadership, his dedication and his tireless Treasury to review enforcement actions under efforts toward this cause will continue to serve the Federal securities laws or to modify regu­ Tuesday, October 6, 1998 as an inspiration to those of us left behind. lations · promulgated pursuant to the Federal Mr. SPENCE. Mr. Speaker, it is with a great securities laws, or to grant the Secretary of sense of personal pleasure that I join in this I wish to offer my very best wishes to JERRY the Treasury new or additional authority to tribute to a truly exceptional Member of Con­ and his wife, Frieda, and their family as he prescribe regulations applicable to entities that gress, United States Marine, and American pursues what I am sure will be another distin­ are regulated pursuant to the Federal securi­ patriot, the gentleman from New York, JERRY guished career in the years ahead. I person­ ties laws." SOLOMON. After 20 years of dedicated service ally will miss his friendship and guidance, but In response, I hereby affirm that it is not the in Congress, JERRY has chosen to retire for a I know that this fighting spirit will remain in this Banking Committee's intent for the language truly honorable and understandable cause-to chamber long after his departure. As a fellow in Section 2 to grant the Secretary of the spend more time with his beloved family. former member of the maritime services, I Treasury any new or additional authority over As a friend, colleague and longtime fan, I offer JERRY the traditional navy fond fareweii­ entities that are regulated pursuant to the Fed- find it difficult to find the words to properly ex- "Fair Winds and Following Seas!" 25654 EXTENSIONS OF REMARKS October 11, 1998 CONF ERENCE REPORT ON S. 2206 , ultimate price for the preservation of public AUTHORIZING THE COMMITTEE ON COATS HUMAN SERVICES REAU­ safety and civility in the cities of my district. THE J UDICIARY TO INVESTIGATE THORIZATION ACT OF 1998 Selflessly, they dedicated their lives to pro­ WHETHER SUFFICIENT GROUNDS EXIST FOR THE IMPEACHMENT SPEECH OF tecting others and serving our communities. Like their colleagues across the country, they OF WILLIAM JEFFERSON CLIN­ TON, PRESIDENT OF THE UNITED HON. SHEILA JACKSON-LEE carried out their duties each day with courage STATES OF TEXAS and honor. Without trepidation, they con­ IN THE HOUSE OF REPRESENTATIVES fronted the dangers inherent in their line of Thursday, Octob er 8, 1998 work and ultimately gave their lives in the SPEECH OF Ms. JACKSON-LEE of Texas. Mr. Speaker, service of our community. To these brave rise today to express my support for the souls we extend our gratitude. To their fami­ HON. DEBBIE STABENOW Conference Report on Coats Human Services lies, we extend our most heartfelt sympathies OF MICHIGAN Reauthorization Act because its good for our and appreciation. Their memories will linger in IN THE HOUSE OF REPRESENTATIVES working families and good for our children. our hearts. Their sacrifices have not been in The Conference Report reauthorizes the vain. Thursday, October 8, 1998 Head Start, Community Services Block Grant, and Low-Income Home Energy Assistance Mr. Speaker, distinguished colleagues, Ms. STABENOW. Mr. Speaker, today, Mem­ Program through Fiscal Year 2003. please join me in remembering these seven bers of the United States House of Represent­ The purpose of this legislation is to promote members of the law enforcement community atives will make a critical decision affecting the school readiness by enhancing the social and who, like so many others before them , have lives of the people we represent. Men and cognitive development of low-income children, given their lives to protect others, doing so women, young and old, who work hard every­ to low-income children and their families, of with unrivaled courage, valor, and honor. day and care about their families want us to health, educational, nutritional, social, and deal with President Clinton's irresponsible be­ other services based on a families needs. The Conference Report will provide assist­ havior and lack of truthfulness in a fair and re­ sponsible manner. And, they want us to do so ance to States and local communities, working COMMEMORATING THE 150T H ANNI- as quickly as possible so that we can return through a network of community action agen­ VERSARY OF PEAPACK RE- cies and other neighborhood-based organiza­ FORMED CHURCH to the important issues affecting their families. tions, for the reduction of poverty, the revital­ They also want us to rise above partisan self­ ization of low-income communities, an the em­ interest and do what's best for the country­ powerment of low-income families and individ­ HON. MICHAEL PAPPAS not as Democrats and Republicans, but as uals in rural and urban areas to become fully Americans. self-sufficient. In addition, this legislation will OF NEW JERSEY I am deeply concerned that this Congress strengthen a community ability for planning IN THE HOUSE OF REP RESENTATIVES and coordinating the use of a broad range of will not meet that test today. We have two pro­ Federal, State, local, and other assistance re­ Saturday, October 10, 1998 posals before us. The question is not whether lated to the elimination of poverty, so that this or not to proceed, but how to proceed. One assistance provided ·tor in this report can be Mr. PAPPAS. Mr. Speaker, I rise today to proposal gives us the opportunity to come to­ used in a manner responsive to local needs. congratulate the congregation of Peapack Re­ gether in a bipartisan way and vote to begin The development and implementation of formed Church as they celebrate their 150th an inquiry into impeachment on the issues these programs designated to serve low-in­ anniversary. raised in the Starr Report, and to bring this in­ come communities and groups with the max­ The church is part of the Dutch Reformed quiry to conclusion by the end of this year. imum feasible participation of residents of the Church in the U.S.A., the oldest Protestant de­ communities and members of the groups The Republican alternative is an open­ nomination in this country founded when the served, so as to best stimulate and take full ended, unchecked process that could continue Dutch settled in New Amsterdam. Peapack advantage of capabilities for self-advancement throughout the next Congress with no require­ and assure that the programs are otherwise Reformed Church originally met in meeting ment to limit its focus on the issues formally meaningful to the intended beneficiaries of the houses throughout the Peapack-Gladstone presented by the Special Prosecutor. In all programs. area until they built and moved into their good conscience, I cannot endorse this proc­ present church building. ess since I sincerely do not believe it is in our IN MEMORY OF VENTURA AND The congregation is a small, close-knit com­ nation's best interest. It is not in the interests LOS ANGELES COUNTY'S FALLEN munity, dedicated to each other as well as to of the families I represent to put our country OFFICERS those in their surrounding area. They have an in suspended animation for months and annual, "Community Day," a day when the months when we have the ability to bring this HON. BRAD SHERMAN honor the people of the Peapack-Gladstone to a responsible conclusion this year. OF CALIFORNIA community-at-large. The day features histor­ I, therefore, intend to support the proposal IN THE HOUSE OF REPRESENTATIVES ical tours, a barbeque and events for the chil­ to proceed with an impeachment inquiry with dren of the community. The church also hosts Saturday, October 10, 1998 a deadline of December 31 , 1998. This motion two events every year in order to raise money Mr. SHERMAN. Mr. Speaker, I rise today to allows an extension of the deadline if an ex­ for the Central New Jersey Visiting Nurses As­ tension is supported by the evidence. But, pay tribute to seven law enforcement officers sociation. who have fallen in the line of duty over the most importantly, the proposal I support does past twenty-two months. I wish to congratulate the congregation of not allow millions of dollars and hours to be Police officers undertake a solemn oath to Peapack Reformed Church for 150 years of spent without any accountability for timely re­ protect and serve their fellow citizens and, if serving the cause of Christ in central New Jer­ sults. necessary, sacrifice their lives to fulfill this sey. It is my honor to have this church within I believe the American people deserve no duty. The following seven brave individuals­ the borders of the twelfth congressional district less from us. We must address this crisis fairly Officer Charles Andrew Lazzaretto, Officer and I wish them well in their desire to continue and responsibly and get back to the people's Van Derrick Johnson, Deputy Sheriff Shayne for another 150 years. Daniel York, Deputy Sheriff Michael Lee business. I implore my Republican colleagues Hoenig, Police Officer Steven Gerald Gajda, to join us and to join America in a process· of Officer Filbert Cuesta, and Ventura County which we can all be proud. Senior Deputy Lisa D. Whitney-have paid the October 11, 1998 EXTENSIONS OF REMARKS 25655 AUTHORIZING THE COMMITTEE ON MEDICAL OPTICAL SIGNAL a multi-sensor correlation. It exploits recent THE JUDICIARY TO INVESTIGATE PROCESSOR OSP techno,ogy to create self-adapting imag­ WHETHER SUFFICIENT GROUNDS ing systems, which places minimal demands EXIST FOR THE IMPEACHMENT HON. BRAD SHERMAN on operator skills while improving soft tissue OF WILLIAM JEFFERSON CLIN­ OF CALIFORNIA contrast. All this facilitates a broad spectrum TON, PRESIDENT OF THE UNITED IN THE HOUSE OF REPRESENTATIVES of diagnostic and therapeutic options. But STATES most importantly, if reduces the trauma to the Saturday, October 10, 1998 patient. Mr. SHERMAN. Mr. Speaker, I rise today to Congress has been a major supporter of the SPEECH OF bring attention to a new technology called the OSP industry, and lately has recognized the medical optical signal processor. Today, in the need for optical processing to resolve next­ HON. SOLOMON P. ORTIZ world of ever-advancing medical technology, generation pattern recognition in military appli­ OF TEXAS key words like telemedicine, laser surgery, cations. Congressional assistance is needed and computer second opinion are used to ad­ IN THE HOUSE OF REPRESENTATIVES in supporting further military and commercial dress the new frontiers that are being discov­ application opportunities for optical correlators. Thursday, October 8, 1998 ered through the leveraging and exploitation of In the FY97 National Defense Authorization existing technologies. But, now is the time for Act the House National Security Committee · Mr. ORTIZ. Mr. Speaker, throughout this these new frontiers in medicine to be even fur­ wrote: whole unseemly matter, I have tried des­ ther challenged. It is time that we expand our The committee is aware of the potential of perately to cling to the dignity of the instruction horizons and to stock our arsenals with new optical correlators for signal processing and of the Constitution to guide my actions. I have and innovative technologies. It is ironic that anomaly detection in military systems. The carefully weighed the evidence we have seen one of the most potent and promising weap­ committee believes optical correlators also ons in our technological arsenal may be as el­ have similar potential in medical research so far: the Referral from the Office of Inde­ such as for the detection of tumors. pendent Counsel (OIC), the President's taped ementary or as fundamental as simple light. The use of light to process data is not new or The Secretary of the Army's " Report testimony, and the reams of evidence in sup­ particularly difficult. In fact, the use of light is to the House Committee on National port of the OIC Referral. As a grand juror in not very different from the way the human eye Security on the Potential Use of Opti­ this process, evaluating the evidence carefully, and brain work in processing visual data. This cal Correlators in Medical Research," and privately, is consistent with my constitu­ new technology is called the medical optical addressed the use of optical correlators tional role. signal processor (MOSP). for signal processing and anomaly de­ Today, the House allows the Judiciary Com­ The domestic medical landscape is pursuing tection in military systems. It points mittee to move forward on the investigatory unprecedented change to combat the spiraling out one of the early advantages of OSP technology as: phase of the impeachment process. We are costs of health care. Cost containment and re­ * * * a key component is the high speed not voting on impeachment; that is the duty of sources consolidation are forcing commercial and military healthcare providers to turn to correlator which does the actual comparison the Senate. We are not quite yet to the actual sources outside the traditional medical com­ and reports out numerical scores on the de­ grand jury phase of this process; we are at the munity to improve the quality of care. The con­ gree of similarity between objects in the point where Congress' prosecutors and inves­ image and targets of interest, be they enemy cept of transitioning optical signal processing tanks or cancerous cells. tigators are asking to complete that part of the (OSP) technology to enhance present and fu­ The report focuses on the military Constitutional obligation. My vote today is ture medical imaging systems detecting and application of OSP technology in the based on only what the OIC has referred to identifying key pathologic features within two­ need to significantly speed up the com­ . us. dimensional medical imagery may prove not putation process of features found in only cost effective but may validate the It is important to complete the process. We imagery. It does not address the many leveraging of dual use technologies between should be fair. We have yet to see witnesses other changes in this technology over the military and commercial sectors. MOSP deposed or cross-examined, nor weighed ad­ the last three years. But, the report has not only great promise in civilian and mili­ ditional evidence. Today the House has a does specifically address cancer in one tary medical applications has shown great statement: choice, to investigate only what the OIC re­ promise and it leverages upon the advances ferred to us and be finished by the end of the already being made in its use for automatic * * *In cancer screening applications, this year, or to continue the steady drumbeat of means a higher probability of detecting a target recognition (ATR) in both civilian and cancerous mass while simultaneously reduc­ those things already investigated by the FBI, military applications. ing the probability of falsely reporting be­ the OIC and the Congress. There is no need Many of my colleagues on the House nign tissue as cancerous. for such a shotgun approach. Science Committee, as well as those on the In 1997, the Congress continued to ad­ Today's vote is in deference to the Constitu­ traditional defense oversight committees, are dress the use of optical correlators in tion. No one will report this, but that Constitu­ dedicated to finding and funding the best tech­ missile technology, both for the navy nologies that will allow the U.S. to make quan­ tional deference should be the single most im­ and Air Force. For the first time, fund­ tum leaps ahead in improving our security and ing was added to the Standard Missile portant point made in analyzing Democratic our way of life. In an era when the American votes on either plan to continue the investiga­ program of the US Navy, and for a con­ people expect their elected officials to be pru­ tinuation of a US Air Force Air-to­ tion. The House vote to analyze, for those dent and careful stewards of their federal who wish to do that, is the next full House Ground missile (AGM) effort called, op­ budget dollars, it is important that we carefully tical processor enhanced LADAR vote; that will speak to the actual question of choose those areas of research that will bring (OPEL). But unfortunately due to de­ impeachment. a greater return on our investment. I believe fense budget constraints, additional My votes today, for democratic alternative medical optical signal processing may be a funds were not found and the medical and in opposition to the Republican plan, are technology that does just that. application was not appropriated. MOSP is best utilized in developing an ad­ an indication that what we have received from In 1998 the House further attempted vanced imaging system for the management OIC may be sufficient for the inquiry. Again, to deal with the potential medical ap­ of breast and prostate cancer. MOSP has a plication of OSP, by providing author­ remember, this was not a vote on the question compelling and potential benefit in all areas of of impeachment, it is a vote for the HJC to ization to the US Army. The House Na­ radiology in enhancing and analyzing imagery. tional Security Committee wrote that: proceed with the inquiry. The next possible ac­ It enjoys an advantage as a two-dimensional tion by the House will be any action we may * * * The committee also recommends an processor with the power of multiple Cray increase of $2.0 million in PE 62787A for ap­ take on actually referring articles of impeach­ computer imagery processing in a small pack­ plied research in the use of low cost optical ment to the Senate. The final question of im­ age. It can leverage the sensitivity of X-rays correlator technology in medical diagnosis peachment rests with the Senate. and specificity of high definition ultrasound in 25656 EXTENSIONS OF REMARKS October 11, 1998 It was hoped that this seed money vilian and military medical systems. We owe it ment they currently receive. Although some of would provide the spark to improve the to our nation to move forward with this good these high cost agencies may be deserving of quality of care of the men and women ideal. We owe to the nation to move forward higher reimbursement, I have concerns that protecting out country and open new with this good technology. I hope all my col­ this payment policy continues to provide re­ medical imagery analysis technology leagues on both sides of the aisle will join me wards to home health care agencies which in medical areas outside of radiology next year in supporting this type of research were not frugal prior to the passage of the such as ophthalmology, dermatology, and technology throughout the entire federal Balanced Budget Act, and effectively con­ trauma or triage treatments, and many science and technology budget because the tinues to penalize agencies which worked tire­ others. Unfortunately, due to the con­ advances and victories of science· and tech­ lessly to contain their costs. This is due, in straints in this year defense budget, nology are non partisan. They are victories in part, to the large reliance to agency-specific the Congress was unable to support which all Americans will share. While the data, as mandated by the Balanced Budget adding funds to this year's appropria­ revages of cancer and other diseases will not Act. I had wished that the resolution to this tions for the Army to proceed with this pick sides or discriminate, it will strike us all issue would have better addressed this situa­ program. To this member, this was ex­ regardless of our political beliefs or our stature tion and created a more level playing field, tremely shortsighted. in life. We owe nothing less to our friends and and home that with ongoing communications In 1993 the NCI reported that one-in­ colleagues in the Congress who have suffered with the Senate and the Administration, we eight women would contract breast the anguish of breast and prostate cancer for can work to further refine this measure to re­ cancer at some point in her lifetime. themselves and for their loved ones, but more store more equity into the home health care One in four men may face the same importantly, we owe it to the millions of our system. fate at the hands of prostate cancer. constituents, who hope everyday that we, as I am disappointed that this legislation does When an abnormal breast or prostate their stewards of the budget, will make the not provide relief retroactively to home health mass is detected by mammography or right decisions for them that allows this nation care agencies. As you are aware, the Bal­ by a physician's clinical examination, to remain healthy and safe. anced Budget Act subjected home health care a biopsy is almost always rec­ agencies to per beneficiary limits for cost re­ ommended. A pathologist examines the porting periods beginning on or after October tissue to determine if the lump is can­ MEDICARE HOME HEALTH AND 1, 1997. Some home health care agencies cerous. The psychological trauma this VETERANS HEALTH CARE IM­ throughout the nation have been operating creates in anyone is beyond measure PROVEMENT ACT OF 1998 with low per beneficiary limits during their cur­ and is normally endured over many rent cost reporting periods and need assist­ SPEECH OF weeks of tests and waiting. Healthcare ance now. While this legislation will provide should be effective and as timely as much needed relief to some home health care possible to prevent any emotional and HON. ROBERT A. WEYGAND OF RHODE ISLAND agencies for cost reporting periods beginning traumatic episodes to one's life. Opti­ during or after fiscal year 1999, it will not pro­ cal processing is the technology that IN THE HOUSE OF REPRESENTATIVES vide immediate relief to many deserving home can drive the current process from Friday, October 9, 1998 health care agencies. weeks to one day: examine-biopsy-re­ Mr. WEYGAND. Mr. Speaker, I rise this While I am pleased we have reached this sults. Improving the quality of care to morning to express my support for this legisla­ point and will support this bill, there remains a the patient and their families. As we tion which provides some measure of relief to great deal to be done. With the passage of the fight cancer, we can also reduce the certain home health care agencies in my trauma it brings. Balanced Budget Act, Congress mandated an state. I want to thank my colleagues, Mr. additional fifteen percent cut in home health Photonics Spectra, a leading publica­ MCGOVERN, Mr. COBURN, Mr. CARDIN, Mr. tion for the Optical industry, quoted care if the new payment system is not fully im­ STARK and others who have worked hard on plemented. The administration signaled in Au­ the report of the Committee on Optical this issue with me since last year. Science and Engineering, a group cre­ gust that the new system will not be ready be­ Last May, I sponsored an amendment to the fore October 1, 1999 so the cut remains a real ated by the national Research Council, Budget Resolution which was the first legisla­ as saying: threat to home health care agencies in the tive action taken on IPS reform during the very near future. We need to address this * * * that light-based technologies have a 1OSth Congress. This amendment, which vast and growing range of critical applica­ issue and I look forward to working with my tions in virtually every scientific discipline passed unanimously, was significant because colleagues to delay or repeal this 15% cut and a large number of industrial fields * * * it called upon this Congress to take active next year. In healthcare, it urges that the National In­ steps to restore fairness and equity to the IPS. I want to express my appreciation to the stitute of Standards modify its disease ori­ It called upon Congress to examine the effects Committees on Ways and Means and Com­ ented structure to provide more funding for of the IPS on low cost agencies and stressed merce for recognizing the situation home optical technologies. the importance of accomplishing reform before health care agencies and their Medicare bene­ Optical signal processing technology that is the 105th Congress adjourned. I am pleased ficiaries face. Home health care is an impor­ properly adapted for embedded use in medical that Congress has addressed this issue and tant service that we must work our hardest to ultrasound imaging systems, will create a par­ hope we can pass something which will be preserve. Home health care allows seniors to adigm shift within the radiology industry lead­ signed by the president soon. remain home and retain their dignity and inde­ ing to a new generation of higher performance Although this legislation before us today pendence. While this legislation does not ac­ systems with outstanding soft tissue visualiza­ does not provide the amount of financial as­ complish all I had wanted, I support its efforts, tion capabilities. It will also leverage the cor­ sistance that I believe is necessary, I believe applaud its goal and urge my colleagues to relation and benefits of multiple radiological it represents a first step to restoring some of support it. systems. In as much as all of us, as Members the unfair and inequitable cuts enacted by the of Congress, the stewards of our nation's Balanced Budget Act. health and well being. It is essential that we The home health care provisions within this SENSE OF HOUSE REGARDING remain: informed of the advances in science bill will help some home health care agencies, NATIONAL SCIENCE POLICY and technology, vigilant to providing the lead­ particularly those in my home state operating ership and insight needed to move forward below the national average. By providing fifty­ SPEECH OF when an opportunity avails itself, and the wis­ percent of the difference between an agency's HON. SHEILA JACKSON-LEE dom to seize and leverage that opportunity. current per beneficiary limit and the national OF TEXAS Through leveraging the investment and ad­ average, Medicare will provide some addi­ IN THE HOUSE OF REPRESENTATIVES vances already made in optical processing tional reimbursement to many agencies in my technology, we can continue to exploit this state. Thursday, October 8, 1998 technology not only for its military and com­ The legislation also permits home health Ms. JACKSON-LEE of Texas. Mr. Speaker, mercial target recognition applications but for care agencies operating above the national I rise to speak on behalf of this resolution, its potential to bring better quality of care to ci- average to continue receiving the reimburse- which states that the report entitled "Unlocking October 11, 1998 EXTENSIONS OF REMARKS 25657 Our Future: Toward a New National Science For the report to omit these important dis­ a distinctive and promising career with Penn Policy" shall be used by this Congress as a ciplines is a disservice to those respective sci­ Power where he currently serves as the Mer­ starting point for our future science policy. entific communities, and it is only worsened by cer County Area Manager. But is Mr. Cole­ I would first like to recognize the hard work the fact that the Report advocates that the man's active role in the community that makes that Congressman EHLERS has put into this re­ hard sciences be used actively in the legisla­ him a invaluable asset. He currently serves as port. I would also like to let him know that I tive process. While I applaud the application of a president of the Kiwanis Club of Sharon, as look forward to working with him, and the the hard sciences to our activities, I also see a member of the Pennsylvania Electric Asso­ other Members of the Science Committee in the social and behavioral sciences playing an ciation, the Pennsylvania Economy League, the future, towards implementing some of the important role here in Congress, and will work Private Industry Council, and the National As­ ideas set forth in this Report. towards ensuring it. This is especially true in sociation of Industrial Office Properties, the However, I would also like to add that I sup­ light of the fact that the courts have actively American Heart Association as well as serving port this resolution because it indicates that rebuked the use of social science materials in as a member in the fundraising cabinet of the this report should "serve as a framework for cases like McCiesky v. Kemp (1987). Although United Way of Mercer County in its construc­ future deliberations". It is a start to a process, I do not agree with the outcome of that case, tion division. one which I hope to work within so that others I feel that it properly illustrates the fact that the Mr. Coleman served as the coordinator of can add their views and values to the develop­ social sciences, and the use of statistics, must volunteers for the Special Olympics of Mercer ment of a true "National Science Policy". be used to remedy the problems that afflict County. However, Randall Coleman feels that Therefore, I would like to note some issues, large segments of society-like the his most rewarding experience was teaching which were omitted from the report, which I undercount in the Census. It is more than iron­ handicapped children to swim as an American hope will be added to our agenda on science, ic that through current times, the most compel­ Red Cross Lifeguard. It was a rewarding expe­ math, and engineering. ling use of a social science study by the judici­ The report fails to fully address the problem rience because for these children achieving ary created perhaps the most monumental this goal is more difficult because of their spe­ of under-represented populations in the fields court decision of our time, Brown v. Board of of science and technology. We all know that cial needs. Education. For those reasons, I hope that we I am proud to recognize Mr. Coleman's there is a severe shortage of minorities, can better integrate all of the sciences in our women, and people with disabilities in these achievements today. He is certainly an asset National Science Policy. to our community in western Pennsylvania. areas, yet the report does not make any real I would also like to add that I hope our Na­ acknowledgement of the situation, and as a tional Science Policy will include further efforts result, it does not contain any ways to make to improve our K-12 institutions. Because K- ROBERT GEAKE, A DEDICATED it any better. I hope to change that as we 12 is crucial in the development of science PUBLIC SERVANT move forward in the development of our Na­ and math-savvy college students and workers, tional Science Policy. I believe we must concentrate a good portion I believe that Congress should play a role in HON. JOE KNOLLENBERG of our resources on turning out good engi­ making sure that every segment of society re­ OF MICHIGAN neers, mathematicians, and scientists. We all ceives the benefits of, and helps develop our IN THE HOUSE OF REPRESENTATIVES know how important that is for our economy, scientific advances. Already, we have passed the technology industry is the fastest growing Saturday, October 10, 1998 legislation, with bi-partisan support, to improve segment of our society, and just a few weeks the involvement of minorities and women in Mr. KNOLLENBERG. Mr. Speaker, I rise ago, we had to vote on whether or not to ex­ the hard sciences. Just a few weeks ago, we today to recognize a distinguished public serv­ overwhelmingly passed the Advancement of pand the number of visas available to highly­ ant in my home State of Michigan, State Sen­ Women in Science, Engineering, and Tech­ skilled workers from outside the United States! ator Robert Geake. nology Act, which will ensure that women are We could easily solve that problem by ensur­ Born on October 26, 1936, in Detroit, Ml, encouraged to enter the fields of science and ing that all students graduating from high Bob grew up in the neighboring suburb of technology. I have also gotten bipartisan sup­ school have more than rudimentary skills in Ferndale. He attended the University of Michi­ port in the Science Committee, where I was the areas of math and science and are en­ gan, earning a B.S. in special education, an able to amend several bills to ensure that mi­ couraged to follow up on that education in a M.A. in guidance and counseling, and a Ph.D nority students are able to take advantage of college or university. in education and psychology. federal grant programs made available Having highlighted these issues and with After completing his education, Bob pursued through the Federal Aviation Administration the understanding that I would like them in­ a career in psychology and became an ac­ (FAA) and NASA. I am proud of that work, not cluded in our future discussions, I would like complished psychologist. In 1972, Bob was only because of what it does for under-rep­ to endorse the use of this Report as a starting elected to the Michigan House of Representa­ resented groups in science, but also because point for bringing science, math, and engineer­ tives where he served with distinction until my friends on the other side of the aisle saw ing to the forefront of our national agenda. being elected to the State Senate in 1977. the importance of the issue, and were willing Senator Geake established himself as the Michigan Legislature's expert on mental health to make the decision that we need to get all HONORING RANDALL J. COLEMAN, issues. He also took an interest in anti-crime Americans involved in science. Therefore, I 1998 HENRY EVANS VOLUNTEER measures and spearheaded Michigan's anti­ would propose that any official "National OF THE YEAR AWARD Science Policy" include this important issue so stalking laws. Under his leadership, Michigan that we can continue to work to improve this HON. PHIL ENGLISH has the nation's toughest and most enforce­ situation throughout the next Congress. able laws against stalking. Senator Geake has I also believe that we need to work to in­ OF PENNSYLVANIA also led the fight to enact tough penalties clude the social and behavioral sciences in IN THE HOUSE OF REPRESENTATIVES against drunk driving and sponsored legisla­ our science policy, which were given little or Saturday, October 10, 1998 tion to eliminate Michigan's inheritance tax. A no attention in this report. Although I see the Mr. ENGLISH of Pennsylvania. Mr. Speaker, leader on child development and family importance in making sure that we progress in it is with great pride that I rise today to honor issues, Senator Geake has been instrumental the area of basic research and the "hard Randall Coleman who recently received the in passing legislation to crack down on dead sciences", we should not focus on those two Henry Evans Volunteer of the Year Award. beat parents who are delinquent in their child disciplines exclusively. The social sciences This award is presented annually by the support payments. should continue to be developed so that we Shenango Valley Chamber of Commerce in Senate Geake is known in Lansing as a can better grapple with problems that affect order to honor a person who not only volun­ statesman and one of the most effective law­ our entire nation, like improving our education teers his time to support the chamber, but also makers in the State Legislature. A recent anal­ system, and working towards better public volunteers in other community organizations. ysis by the Detroit News indicated that Sen­ health. Furthermore, the behavioral scientists Randall Coleman has shown a lifelong com­ ator Geake ranked first among the 148 Michi­ have a unique understanding of the human mitment to volunteer service. gan lawmakers in the numbers of bills passed. mind that cannot be captured by biologists or Mr. Coleman lives in the Shenango Valley Senator Geake is retiring from the State medical doctors. · with his wife Ann and son Grant. He has had Senate at the conclusion of his term this year. 25658 EXTENSIONS OF REMARKS October 11, 1998 His leadership will be missed. Senator Geake local and long-distance markets; but, the FCC THE MEDICARE MEDICAL has been a strong advocate for Michigan fami­ appears determined to preserve the long-dis­ NUTRITION THERAPY ACT lies. His efforts to cut taxes, strengthen fami­ tance service monopoly that traditional inter­ lies, and make our communities safe from vio­ exchange companies have enjoyed since the HON. JOHN E. ENSIGN lent crime have made Michigan a better place conception of the telephone. Today, only busi­ OF NEVADA to live. ness subscribers are realizing more choices IN THE HOUSE OF REPRESENTATIVES I wish Senator Geake and his wife, Carol, from competitors to incumbent LECs. the best of luck in their future endeavors. Saturday, October 10, 1998 This legislation will attempt to codify what Mr. ENSIGN. Mr. Speaker, it is rare for any the intent of the conferees was during their legislation in the House of Representatives to deliberations on the 1996 Act. That is, the PERSONAL EXPLANATION obtain the support of a majority of its Mem­ states should have explicit authority over de­ bers. In fact, fewer than 1 percent of all bills termining intrastate interLA TA service in their HON. DEBORAH PRYCE introduced in the 105th Congress have OF OHIO respective states. In addition, the legislation reached this status. I would like to announce IN THE HOUSE OF REPRESENTATIVES we are introducing today would modify other with pride that a bill I sponsored, H.R. 1375, provisions of the law as noted in the attached Saturday, October 10, 1998 the Medical Nutrition Therapy Act, has talking points. achieved this remarkable level of support. Ms. PRYCE of Ohio. On October 10, 1998, I look forward to working with all of our col­ Over 220 of our colleagues support this I was absent due to an illness in my family. I leagues early in the 1Oth Congress to loudly measure because they recognize that the ab­ received an official leave of absence from the send a message to the FCC, the Department sence of coverage for nutrition therapy serv­ majority leader in this regard. of Justice, and the administration that the "sta­ ices is a glaring omission in current Medicare However, had I been present, I would have tus quo" is no longer acceptable. Only true, policy. Medical science makes clear that prop­ voted in the following manner on the following open competition in all markets will be accept­ erly nourished patients are better able to resist legislation: disease and recover from illnesses than those H.R. 4567. To revise Medicare program­ able now, not later. who are malnourished. We also know that el­ On suspending the rules and passing the bill HIGHLIGHTS OF INTERLATA COMMUNICATIONS derly Americans are at a higher risk of mal­ (Rollcall No. 516) "aye," IMPROVEMENTS ACT OF 1998 H. Con. Res. 334. Relating to Taiwan's par­ nutrition than others in society due to the natu­ ticipation in the World Health Organization­ State Jurisdiction Over Intrastate rally occurring aging process. Despite this knowledge, Medicare does not On suspending the rules and agreeing to the InterLATA Services. The legislation author­ izes the state public service commission to cover nutrition assessment and counseling concurrent resolution (Rollcall No. 517) "aye." grant BOO applications to provide intrastate services by registered dietitians-what is com­ H. Con. Res. 320. To support the Baltic InterLATA telecommunications services monly known in the health care field as med­ people of Estonia, Latvia and Lithuania-on upon satisfaction of Track A/B, the competi­ suspending the rules and passing the concur­ ical nutrition therapy (MNT). As a result, the tive checklist and public interest require­ elderly either pay for this service out of their rent resolution (Rollcall No. 518) "aye." ments. If the State fails to act on an intra­ H.R. 2616. Charter Schools Senate Amend­ state InterLATA application within the 90- own pockets, or go without. This is not a ments-on suspending the rules and passing day decision period, the application is choice that those on fixed incomes should the bill (Rollcall No. 519) "aye." deemed granted. have to make. Medical nutrition therapy is S. 852. Auto Salvage-On suspending the Resale Authority. On February 8, 1999, medically necessary care and ought to be a rules and passing the bill (Rollcall No. 520) BOOs would be authorized to resell the covered benefit. "aye." InterLATA services of unaffiliated compa­ I am convinced that this bill is an important nies. part of the solution to saving Medicare. It will Amendments to Track A/Track B. The help us cut costs without sacrificing the quality FCC AND TELEPHONE Track A/Track B requirement would be of patient care. Emperical evidence shows that COMPETITION eliminated effective February 8, 1999. In ad­ MNT is effective for patients with diabetes, dition, the legislation removes the require­ heart disease, cancer, and other costly dis­ HON. W.J. (BILLY) TAUZIN ment that a Track A company provide tele­ eases that are prominent among the elderly. It phone exchange service exclusively or pre­ lowers treatment costs by reducing and short­ OF LOUISIANA dominantly over its own facilities. It also IN THE HOUSE OF REPRESENTATIVES ening the length of hospital stays, preventing provides that Track B is satisfied if the health care complications and decreasing the Saturday, October 10, 1998 BOO's statement of generally available terms and conditions ("SGAT") has been ap­ need for medications. Yet still, we do not pro­ Mr. TAUZIN. Mr. Speaker, today I am intro­ proved by the state public service commis­ vide senior coverage for this care. ducing legislation with several original cospon­ sion or if the state public service commis­ It should be noted that support for medical sors. They are Mr. DINGELL, Mr. OXLEY, Mr. sion has permitted such SGAT to take effect. nutrition therapy is not confined to Congress. BOUCHER, Mr. ROGAN, Mr. BONIOR, Mr. Gooo­ FCC Consultation with State PSC. The leg­ M~jor patient advocacy groups including the LATTE, Mr. KLINK, Mr. HASTERT, Mr. WYNN, and islation directs the FCC to affirm the eval­ American Cancer Society, the American Heart Mr. BURR. Mr. speaker, this legislation essen­ uation of the state public service commis­ Association, the National Kidney Foundation, tially begins the process of reviewing the inad­ sion concerning BOO compliance with Track the American Diabetes Association, and the equacies of FCC implementation of the local A/Track B and the competitive checklist un­ National Osteoporosis Foundation also sup­ competition provisions of the Telecommuni­ less the FCC determines by clear and con­ port coverage for MNT. These groups under­ cations Act of 1996. Specifically, our bill vincing evidence that the state evaluation is stand that appropriate nutrition therapy saves clearly erroneous. amends provisions contained in section 271 of money and lives. the Act, dealing with interLATA (long distance) Public Interest Determination. Effective Any measure that achieves such an impres­ entry by the Bell Companies. February 8, 1999, the public interest require­ sive level of political support is deserving of It is frustrating that nearly three years have ment of Section 271 is daemed to be satisfied serious deliberation in this body. While I regret upon a finding that the BOO has satisfied the passed since the Telecom Act of 1996 was competitive checklist. that this bill will not be taken up in the remain­ enacted into law. Five applications for long ing days of this Congress, I urge the leader­ distance service have been received by the Incidental InterLATA Services. The legis­ ship of both parties to make this bill a top pri­ lation would expand the definition of " inci­ FCC, and four have been denied. The fifth, an dental InterLATA services" to include data ority next year. While the Balanced Budget Act application approved by the Louisiana Public communications and international tele­ helped strengthen the Medicare program in Service Commission by a vote of 4-1 , is now communications and information services. the short term, additional reforms will be nec­ pending at the FCC . Frankly, I am not encour­ Section 271 Approvals and Denials. Deci­ essary to prepare the program for the coming aged that it will be granted when the FCC sions approving or denying Section 271 appli­ retirement of the Baby Boom generation. Con- makes its decision on October 13 of this year. cations must include a written determina­ . gress will be remiss if it overlooks medical nu­ The Telecommunications Act of 1996 was tion of whether the BOO has complied with trition therapy as part of those long-term re­ intended to open up competition in both the the statutory standard for InterLATA relief. forms. October 11, 1998 EXTENSIONS OF REMARKS 25659 In closing, I want to thank the American Dia­ Achievement Awards for his work in diversity votes Nos. 480, 481 , and 482. Had I been betic Association and the Nevada Diabetic As­ recruitment, operational excellence, commu­ present for the votes, I would have voted "no" sociation for their fine work in helping me edu­ nity involvement, and assistance to other gov­ on No. 480, "yes" on 481, and "yes" on 482. cate Members of Congress about this impor­ ernment agencies. tant measure. The dedicated health and nutri­ Mr. Wood, Si Yu'os Ma'ase for your dedica­ tion professionals represented by those tion to the people of Guam and to the War in GRANTING CONSENT OF CONGRESS groups can be proud of how far this bill had the Pacific National Park. Good luck in your TO POTOMAC HIGHLANDS AIR­ advanced in the 105th Congress and confident future endeavors. Your service brings honor to PORT AUTHORITY COMPACT ACT that we will ultimately succeed in these efforts. the National Park Service. SPEECH OF

HONORING FATHER MATEO HON. ROSCOE G. BARTLETT TRIBUTE TO NATIONAL PARK OF MARYLAND SUPERINTENDENT EDWARD WOOD SHEEDY IN THE HOUSE OF REPRESENTATIVES HON. ROBERT A. UNDERWOOD HON. ZOE LOFGREN Thursday, October 8, 1998 OF GUAM OF CALIFORNIA Mr. BARTLETT of Maryland. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES S.J. Res. 51 would provide Congress' consent Saturday, October 10, 1998 to a compact between the States of West Vir- Saturday, October 10, 1998 Ms. LOFGREN. Mr. Speaker, 1 rise to honor ginia and Maryland establishing the Potomac Mr. UNDERWOOD. Mr. Speaker, today a true humanitarian and an outstanding mem- Highlands Airport Authority. This legislation would like to extend sincere thanks to the out­ ber of my hometown community of San Jose, has been passed by the Senate and has the going Superintendent of the War in the Pacific California. support of the Senators from both States and National Park on Guam, Edward W. Wood, Father Mateo Sheedy has selflessly served the Members of Congress from the districts Jr., for his dedicated service. A 25-year vet­ our community, providing assistance to those concerned. eran of the National Park Service, Mr. Wood most in need of a helping hand. Particularly, This bill is of great importance to my con­ has served with distinction, especially during Father Sheedy has championed the cause of · stituents as well as to me personally. As you his tenure as Superintendent of the War in the recent immigrants. He has worked tirelessly to may know, in 1944 the city of Cumberland, lo­ Pacific National Park and the American Me­ ensure that farm workers-those who feed cated in Allegany County, Maryland, pur­ morial Park for the past seven years of his ca­ America-are treated with dignity and respect. chased land 3 miles south of the city in Wiley reer. In concert with churches and the United Farm Ford, West Virginia for the construction of an As many of my colleagues know, the War in Workers he has succeeded in ensuring that airport. In 1976 the States of Maryland and the Pacific National Park commemorates the farm laborers' working conditions are safe, West Virginia entered into a compact estab­ bravery and sacrifice of those veterans who and that their wages fair. His work with ESL lishing the Potomac Highlands Airport Author­ participated in the campaigns of the Pacific classes and citizenship courses have helped ity. theater during World War II and preserves the countless immigrants attain United States citi- The need for the compact stems from the natural, scenic, and historic values of our zenship. unusual nature of the airport. It is located in beautiful island. This park commemorates Father Sheedy has been embraced by the one State, but owned by a municipality in an­ something especially close to all our hearts, local Mexican-American community and has other. ·Accordingly there has been a certain the sacrifice of the American soldiers to lib­ been instrumental in solving some of the prob- degree of uncertainty about the ability of the erate our islands and the loyalty that the peo­ lems plaguing our neighborhoods. His inclu- airport authority to guarantee to pay for loans ple of Guam demonstrated during this critical sive style has brought together rival gangs- they may receive. This was discovered as the time in our island's history. In this sense, Mr. allowing families to live in safe, nurturing Authority was in the process of undertaking a Wood's commitment to ensuring that the park neighborhoods. His innovative gun return pro- 20-year $10 million expansion program and met its mission is deeply appreciated by all of gram has been very successful. had applied for a loan from the Department of us. At Sacred Heart Church where he serves as Agriculture. In its denial of the loan, the De­ As my colleagues may remember, one of pastor, Father Sheedy has committed himself partment replied that it could not provide the the initial pieces of legislation I introduced to improving the quality of life for every mem- loan unless Congress were to provide its con­ when I first arrived to this institution, in the bar of our community. He has worked with our sent to the bi-state compact between West 103d Congress, was a bill to enhance the War youth-encouraging them to stay out of gangs Virginia and Maryland. in the Pacific National Park by appropriating and in school. Along with local universities, The loan from the USDA represented an im­ funds and authorizing approval for an overlook Father Sheedy has created a tutorial center portant part of this expansion program. While at Asan Bay and a Memorial Wall of Names, and has spearheaded efforts to gain college congressional approval of the compact will ob­ to honor all those who suffered during the time scholarships for kids. viously facilitate the improvement of the airport of enemy occupation. This effort would not Father Sheedy has also been a beacon of specifically, it will also have a positive impact have turned successful without the support hope and faith-attending to the very sick and on the economic development of region as a and collaboration of Mr. Wood. providing solace to their families. Now Father whole. It is fitting, that we on ·Guam pay tribute to Sheedy is himself very ill, and our thoughts As you may know, the Greater Cumberland his service and accomplishments during his and prayers are with him. Regional Airport, is located in rural Appa- time as Superintendent of the only na~ional On October 22, 1998, Father Mateo Sheedy lachia. According to the Department of Labor's park on our island. He has contributed signifi­ will be honored with the Heart of Jesus Award, Bureau of Labor Statistics, Allegany County, cantly to the development of both the War in recognizing his vast sacrifices for our commu- Maryland has an unemployment rate of 8.5 the Pacific National Historic Park and the nity. I ask my colleagues to join me in con- percent, almost 90 percent higher than the na­ American Memorial Park on the island of gratulating Father Sheedy for receiving such a tional average. This number does not even Saipan. Most recently, in 1997, he shared the special award. He is to be commended for his consider the great number of people who have National Park Foundation's National Partner­ noble efforts. become so discouraged that they have ship Leadership Award with the Government stopped seeking employment. The simple rea­ of the Commonwealth of the Northern Mariana PERSONAL EXPLANATION son for this high unemployment rate is that the Islands for their combined efforts to develop area has suffered from the closing of a num­ American Memorial Park, which specifically ber of employers and has been unable to at­ honors the Americans and Marines who gave HON. XAVIER BECERRA tract employers sufficient to replace the lost OF CALIFORNIA their lives during the Marianas campaign of jobs. World War II, arguably the most significant IN THE HOUSE OF REPRESENTATIVES The critical task in the coming years will be battle of the Pacific operation. Saturday, October 10, 1998 for local and State leaders to attract new em­ In addition, Mr. Wood has also been recog­ Mr. BECERRA. Mr. Speaker, on October 5, ployers to the area. In working with busi­ nized and has received several Special 1998, I was on official business during rollcall nesses that are considering moving to area, 25660 EXTENSIONS OF REMARKS October 11, 1998 one of the critical deciding factors for their re­ H.R. 4616-Designating the Corporal Harold H. Res. 589-Waiving Clause 4(b) of rule XI location is access to first rate infrastructure. Gomez Post Office: On the Motion to Suspend for special rules and suspensions On ordering Businesses considering moving to the region the Rules and Pass the bill (Roll Call No. the. Previous Question-(Roll Call No. 513) will need to know commercial aviation users. 491): Aye. Aye. The Potomac Highland Airport Authority has a H.R. 2348-Designating the Mervyn Dym­ H. Res. 588-Rule governing consideration 20-year plan that will allow it to expand to ac­ ally Post Office Building: On the Motion to of H.R. 4761 On agreeing to the resolution­ commodate the increased utilization of the fa­ Suspend the Rules and Pass the bill (Roll Call (Roll Call No. 514) Aye. cility. The House's approval of this bill is an No. 492): Aye; On the Motion to Recommit H. Res. 592-Providing for concurrence by important step in providing the Potomac High­ with Instructions (Roll Call No. 493): Nay. House with amendment in the Senate amend­ lands Airport Authority with the tools nec­ H.R. 4104-The Treasury, Postal Services, ment to H.R. 4110. On suspending the rules essary to be an active participant in the re­ and Independent Agencies Appropriations for and agreeing to the resolution-(Roll Call No. gion's expansion. FY 1999: On Agreeing the Conference Report 515) Aye. (Roll Call No. 494): Aye. PERSONAL EXPLANATION Thursday, October 8, 1998 SENSE OF THE HOUSE REGARDING House Journal of October 8, 1998: On Ap­ IMPORTANCE OF MAMMOGRAPHY proving the House Journal (Roll Call No. 495): AND BIOPSIES IN FIGHTING HON. DEBORAH PRYCE BREAST CANCER OF OHIO Aye. IN THE HOUSE OF REPRESENTATIVES Quorum: On the Call of the House (Roll Call SPEECH OF No. 496): Present. Saturday, October 10, 1998 H. Res. 581-Authorizing and directing the HON. MICHAEL BIURAKIS Ms. PRYCE of Ohio. Mr. Speaker, during Committee on the Judiciary to investigate OF FLORIDA the week of October 5, 1998, I was absent whether sufficient grounds exist for the im­ IN THE HOUSE OF REPRESENTATIVES due to an illness in my family. I received an peachment of William Jefferson Clinton, Presi­ Thursday, October 8, 1998 official leave of absence from the Majority dent of the United States: On the Motion to Mr. BILIRAKIS. Mr. Speaker, today the Leader in this regard. Recommit with Instructions (Roll Call No. 497): House of Representatives approved H. Res. However, had I been present, I would have Nay; On Agreeing to the Resolution (Roll Call 565, a resolution emphasizing the importance voted in the following manner on the following No. 498): Aye. of mammograms and biopsies in the fight legislation: Adjourn: Motion to Adjourn (Roll Call No. against breast cancer. Since October is "Na­ Monday, October 5, 1998 499): Nay. tional Breast Cancer Awareness Month," it is H. Res. 584-Further providing for the con­ H.R. 4614-New Hampshire Land Convey­ particularly appropriate that the House passed sideration of H.R. 4274: On Ordering the Pre­ ance Act: Motion to Suspend the Rules and this resolution before adjournment. vious Question (Roll Call No. 500) Aye; To Pass the bill (Roll Call No. 480): Aye. Last month, I was proud to work with Chair­ Table the Motion to Reconsider (Roll Call No. H.R. 1154-The Indian Federal Recognition man BULEY to secure approval by the House 501) Aye; On Agreeing to the Resolution (Roll Administrative Procedure Act of 1997: Motion of Representatives of H.R. 4382, legislation to Call No. 502) Aye; To Table the Motion to Re­ to Suspend the Rules and Pass the bill (Roll reauthorize the Mammography Quality Stand­ consider (Roll Call No. 503) Aye. Call No. 481 ): Nay. ards Act. This important law was enacted in H.R. 4274-The Labor, Health and Human H.R. 4655-Establishing a Program to sup­ 1992 to improve the quality of breast cancer Services Appropriations for FY 1999: On port a Transition to Democracy in Iraq: Motion screening exams by establishing national Agreeing to the lstook Substitute Amendment to Suspend the Rules and Pass the bill (Roll standards for mammography facilities. Without to the Greenwood Amendment (Roll Call No. Call No. 482): Aye. question, it has been an overwhelming suc­ 504): Nay. cess. Tuesday, October 6, 1998 H.R. 315Q-Bankruptcy Reform Act: On the Screening mammography is currently the H.R. 4194-VA-HUD Appropriations Act for Motion to Recommit the Conference Report most effective technique for early detection of FY 1999: On Agreeing to the Conference Re­ with Instructions (Roll Call No. 505): Nay; On breast cancer. This procedure can identify port (Roll Call No. 483): Aye. Agreeing to the Conference Report (Roll Call small tumors and breast abnormalities up to H. Res. 575-Waiving a requirement of No. 506) Aye. two years before they can be detected by clause 4(b) of rule XI with respect to consider­ H. Res. 565-Expressing the Sense of the touch. More than 90 percent of these early ation of certain resolutions reported from the House of Representatives Regarding the Im­ stage cancers can be cured, according to the Committee on Rules: On Agreeing to the Res­ portance of Mammograms and biopsies in the Food and Drug Administration. olution (Roll Call No. 484): Aye. Fight Against Breast Cancer: On the Motion to The use of screening mammography pro­ H.R. 4259-The Haskell Indian Nations Uni­ Suspend the Rules and Agree (Roll Call No. vides a ray of hope in the fight against breast versity and Southwestern Indian Polytechnic 507): Aye. cancer. Early detection of breast cancer Systems Act of 1998: On Agreeing to the H. Con. Res. 331-Expressing the Sense of through accurate and reliable mammograms Cummings of Maryland Substitute Amendment Congress Concerning the Inadequacy of Sew­ can spare women from undergoing radical sur­ (Roll Call No. 485): Nay. age Infrastructure Facilities in Tijuana, Mexico: gery-and often save their lives. Enactment of On the Motion to Suspend the Rules and H.R. 4382 will help reduce the threat of breast Wednesday, October 7, 1998 Agree (Roll Call No. 508): Aye. cancer by providing women the tools they H.R. 3694-lntelligence Authorization Act H. Res. 557-Expressing Support for the need to detect this terrible disease in its early for FY 1999: Motion to Recommit (Roll Call U.S. Government Efforts to Identify Holocaust­ stages. No .. 486): Nay; On Agreeing to the Conference Era Assets: On the Motion to Suspend the As chairman of the Health and Environment Report (Roll Call No. 487): Aye. Rules and Agree (Roll Call No. 509): Aye. Subcommittee, however, I believe the federal H. Res. 573-Providing for the consider­ H.R. 3874-Child Nutrition and WIC Reau­ government can and should do more to sup­ ation of H.R. 4570, the Omnibus National thorization Amendments of 1998: On the Mo­ port cancer research. Specifically, I support an Parks and Public Lands Act: On Passage (Roll tion to Suspend the Rules and Agree to the increased financial commitment to fund the Call No. 488): Aye. Conference Report (Roll Call No. 510): Aye. biomedical research necessary to find a cure H.R. 457Q-Omnibus Parks and Public H.J. Res. 133-Further Continuing Appro­ for breast cancer. Lands Act: On Passage (Roll Call No. 489): priations for Fiscal year 1999: On Passage To that end, I have endorsed a proposal to Nay. (Roll Call No. 511): Aye. double Federal funding for the National Insti­ H. Res. 579-Waiving all points of order tutes of Health over the next five years. I have against the Conference Report on H.R. 4104, Saturday, October 10, 1998 also authored legislation to allow taxpayers to the Treasury, Postal Services, and Inde­ Question of Privilege-noticed by Mr. Vis­ designate a portion of any income tax refund pendent Agencies Appropriations for FY 1999: closky on Oct. 8, 1998: On motion to table the to support NIH research efforts. On Agreeing to the Resolution (Roll Call No. appeal of the ruling of the Chair (Roll Call No. For the hundreds of thousands of patients, 490): Aye. 512) Aye. families, caregivers and friends whose lives October 11, 1998 EXTENSIONS OF REMARKS 25661 have been touched by breast cancer, we must tion with Don Falsy were church leader, Rev­ SOME IRIANS CALLING FOR INDEPENDENCE renew and strengthen our commitment to end­ erend Augustinus Ansanai, and two local offi­ Irian Jaya, home to one of the world's big­ ing this terrible disease. H. Res. 565 places cials, Baas Yufuwai and Marinus Mehuwe. gest gold and copper mines, the Freeport, is appropriate emphasis on the importance of And just yesterday, another prominent Papuan a former Dutch East Indies territory of 1.5 mammograms and biopsies in the fight against leader, Theys H. Eluay, was arrested by the million people. It forms the western half of Indonesian police on questionable charges of the huge island of new Guinea, with inde­ breast cancer, and I urge Members to support pendent Papua New Guinea occupying the this resolution. subversion. eastern half. Mr. Speaker, I urge our colleagues to join Our correspondent Jonathan Head says Amnesty International in calling upon the Indo­ just as the Indonesian authorities are adopt­ EXPRESSING CONCERNS REGARD­ nesian Government to allow Don Falsy and ing a softer approach towards dissent, they ING INDONESIA'S PRISONERS OF other jailed Papuan leaders immediate, regular are facing more open hostility in Irian Jaya. CONSCIENCE IN WEST PAPUA and on-going access to their lawyers. Further­ The political changes in Jakarta have NEW GUINEA (IRIAN JAYA) more, we request that the Indonesian authori­ prompted many Irians to campaign for an ties ensure that these prisoners of conscience independent state despite warnings from the are protected from ill-treatment, and that they military that this is unacceptable. HON. ENI F.H. FALEOMAVAEGA Those soldiers who remain in the province OF AMERICAN SAMOA be promptly released from custody if they are have the difficult task of trying to contain IN THE HOUSE OF REPRESENTATIVES being held solely for the peaceful expression the growing opposition to Indonesian rule of their belief in support of West Papuan inde­ without resorting to the heavy-handed tac­ Saturday, October 10, 1998 pendence. tics of the past. Mr. FALEOMAVAEGA. Mr. Speaker, I have Mr. Speaker, while the Government of Indo­ come before our colleagues and the Nation nesia has committed itself to the Universal several times regarding Indonesia's brutal sup­ Declaration of Human Rights-including Article SENSE OF THE HOUSE REGARDING pression of the Melanesian people of West 19 which holds that "Everyone has the right to IMPORTANCE OF MAMMOGRAPHY Papua New Guinea, or Irian Jaya province, as freedom of opinion and expression ..."-the AND BIOPSIES IN FIGHTING the Indonesian Government has renamed recent arrests in West Papua are a flagrant BREAST CANCER West Papua. violation of this solemn commitment for which Last month, I welcomed the announcement Jakarta should be condemned and held ac­ SPEECH OF of a significant development in the Indonesian countable. HON. NANCY PELOSI Government's position on West Papua. Ac­ COMBAT TROOPS PULL O UT OF IRIAN JAYA OF CALIFORNIA cording to press reports from Jakarta, Indo­ JAKARTA, Indonesia (October 4, 1998- IN THE HOUSE OF REPRESENTATIVES nesia's President B.J. Habibie agreed to call British Broadcasting Corporation)-The In­ for a national dialog on West Papua as soon donesian armed forces are reported to have Thursday, October 8, 1998 as possible. ended their special operations in the prov­ Ms. PELOSI. Mr. Speaker, I rise today to ince of Irian Jaya. The move comes amid recognize October as Breast Cancer Aware­ The proposed dialogue, supported by Indo­ mounting evidence of past army atrocities. nesian Parliamentary leader Abdul Gafur and Irian Jaya is the third region in the Indo­ ness Month. The statistics on breast cancer the Indonesian Council of Protestant Church­ nesian archipelago where the military has present an alarming picture. In 1998, in the es, was to address a three-part agenda cov­ scaled down its activities following Presi­ state of California alone, there were 17,600 ering: (1) human rights, (2) autonomy matters, dent Suharto's resignation. new cases of breast cancer among women and (3} issues of independence. Pro-independence rebels have engaged in a and 4,300 deaths from breast cancer. Nation­ Although President Habibie's pronounce­ low-level conflict with the military in Irian wide, approximately 180,000 new cases of Jaya since the mid 1960s. The decision by the ment was very welcome news, I am disturbed armed forces to end the special status of breast cancer will be diagnosed this year and by recent developments in West Papua that Irian Jaya follows a cease fire agreement more then 43,000 women will die from the dis­ have called into question his sincerity in push­ with one of the rebel groups. Antara, the ease. One out of nine women in the U.S. will ing for true reform. state-run news agency, quoted a regional develop breast cancer in her lifetime. This risk Within the past week, the Indonesian au­ commander as saying combat troops would has increased from one out of 14 in 1960. thorities have shown a shocking disregard for withdraw but other soldiers would remain to While the statistics are staggering, we can political openess in West Papua by arbitrarily guarantee security. be encouraged by the progress in the areas of Major-General Amir Sembiring said a incarcerating several leaders and local officials cease fire had been agreed to between the research, technology and early detection in West Papua. military and the separatist Free Papua which have increased survival rates to about On October 1, Amnesty International issued Movement (OPM) rebels. " The military oper­ two million breast cancer survivors in America an action alert regarding the arrest of Don ation status has been revoked and our activi­ today. With over 43,000 women dying from Falsy, a respected civil servant with the Re­ ties will be shifted to safeguard vulnerable breast cancer each year, early diagnosis and gional Development Planning Body in areas," he added. But he also said he had or­ patient education are critical in the battle Jayapura. dered the immediate arrest of protesters who against this deadly disease. had raised separatist flags in the northern According to Amnesty International, it is town of Manokwari on Friday. Mammogram testing can reveal breast can­ "concerned for the safety of Don Falsy who cer at its earliest stage-up to two years be­ ALLEGATIONS OF TORTURE AND KILLINGS has been in detention since 29 September fore it is obvious in a breast exam. Recently, The military's withdrawal follows a new 1998 and who has been denied access to his policy of reducing activity in troubled areas both the House and Senate passed a meas­ lawyers, raising fears that he is at risk of ill­ in order to avoid the human rights violations ure to reauthorize the Mammography Quality treatment." which harmed Indonesia's international Standards Act to ensure that national quality Amnesty International states that "Don image under Mr. Suharto. Combat operations control standards are met for mammography. Falsy was arrested without a warrant at his against the pro-independence movement in Women can rest assured that under the Mam­ home in Jayapura, the capital of the province East Timor stopped in June. That coincided mography Quality Standards Act, national of Irian Jaya, by local police and taken . . . with an offer of autonomy from President quality control standards are enforced by reg­ B.J. Habibie which has given new hope for an he continues to be detained." end to the conflict there. ular inspection and that every facility per­ Noting that Don Falsy's arrest is in connec­ In August, the armed forces also pulled forming mammographies will be held to the tion with his alleged role in planning a meeting troops out of the province of Aceh after rev­ standards for safety, well trained technicians in Jayapura to discuss the independence of elations of widespread abuses against the and accurate readings. West Papua, Amnesty International states that local population. Human rights groups hope More than one million breast biopsies are "Don Falsy is a possible prisoner of con­ the move in Irian Jaya will end similar performed each year in the U.S. and approxi­ abuses there. Many allegations of torture mately 80% of these biopsies are proven be­ science who appears to have been detained and extra-judicial killings have been made for the peaceful exercise of his beliefs." against the soldiers who went into a remote nign. A recent non-surgical biopsy procedure Mr. Speaker, the arrest of Don Falsy for his area of the province in 1996 after separatist called the mammotome allows women to political beliefs is not an isolated case. Also rebels took a number of Indonesians and Eu­ choose a less invasive alternative to surgical taken into custody last week for the associa- ropeans hostage. biopsies with minimal scarring and no general 25662 EXTENSIONS OF REMARKS October 11, 1998 anesthesia. This ground breaking procedure purchase of land, equipment, and the con­ ical career as County Solicitor, State Senator, will provide women with an alternative to sur­ struction of a public hall, that was later turned Lieutenant Governor of Pennsylvania, and gery and should ultimately result in better care over to the fire department. Later the village of two-time Republican nominee for Governor. and treatment for women . Despatch was renamed the village of East He quickly rose through the ranks of the While early detection is saving lives, we Rochester. Pennsylvania National Guard to become colo­ must not become complacent about local can­ With a proud history of voluntarism, the Fire nel of the 11th Regiment during the Spanish cer rates and the potential link between envi­ Department has thrived and grown over the American War. Colonel Watres organized the ronmental factors and breast cancer and other years. Using donations and moneys received Spring Brook Water Company which became cancers. In a recent review, the Center for from the village, the fire department has been part of the Pennsylvania Gas and Water Com­ Disease Control (CDC) has concluded that the able to update its equipment, and utilize new pany. It was a Wallenpaupack dam project incidence of invasive breast cancer in San methods in fire prevention and control. How­ that made it necessary to acquire the Connell Francisco has been determined to be com­ ever, the cornerstone of the department's suc­ property. parable to other areas in the nation. However, cess has been the dependability and gen­ Colonel Watres' two grandchildren visited I believe it is essential that the CDC continue erosity of its volunteers. Lacawac for an occasional picnic or weekend to monitor local cancer rates and further na­ I take great pride in knowing that a volun­ over the years. The awesome natural beauty tional research on the link between cancer teer fire department of East Rochester's high of Lacawac appealed to Arthur Watres, and he and the environment, particularly in light of caliber protects families and businesses in my moved there with his recently-widowed moth­ questions about an increased incidence of district. I send my sincere and heartfelt thanks er, Mrs. Reyburn Watres, in 1948. breast cancer in the Bayview Hunters Point to the East Rochester Volunteer Fire Depart­ The entrance road was almost impassable. area. ment for all its contributions throughout the The dock had collapsed into the lake. The roof As a Member of the House Appropriations past century. of every building leaked. The screening was Committee on Labor-Health and Human Serv­ Today, I ask that my colleagues pause with gone. The staining of the shingles and paint­ ices-Education, I have requested that the Na­ me to honor the legacy of one of America's ing of trim had been neglected for two dec­ tional Academy of Sciences study the status greatest volunteer organizations: the East ades. Porches and sills were riddled with ter­ of scientific knowledge of the environmental Rochester Volunteer Fire Department of East mites and timber ants. causes of breast cancer and identify research Rochester, New York. The Watreses joined the Nature Conser­ needs and establish research priorities in this vancy. At the suggestion of Dr. Richard area. Pough, that organization's first president, they In addition, I am joined by several of my col­ A TRIBUTE TO ARTHUR AND arranged for scientists from the Philadelphia leagues, to request that the General Account­ ISABEL WATRES Academy of Natural Sciences to visit ing Office conduct a comprehensive review of Lacawac. At that time, Lacawac was found to federal environmental health research activi­ HON. JOSEPH M. McDADE be the southernmost unpolluted glacial lake in ties. OF PENNSYLVANIA the United States and an ideal baseline lake Mr. Speaker, during Breast Cancer Aware­ IN THE HOUSE OF REPRESENTATIVES for research. ness Month, let us renew our commitment to The Watreses formed the Lacawac Sanc­ Saturday , October 10, 1998 fighting breast cancer by increasing funding tuary Foundation in 1966, and turned over the levels for research and for breast and cervical Mr. McDADE. Mr. Speaker, I rise today to lake, most of the infrastructure and much of screening programs. We must also continue to pay tribute to the many contributions of Arthur the land to the Foundation. After many difficult educate and inform women about regular self­ Watres and his mother, Mrs. Reyburn (Isabel) years, the board was reorganized in 1990 and examination, physician examination, and to Watres, to Lacawac in Wayne County, Penn­ the relationship with the Lehigh University ensure access to low-cost, effective mammo­ sylvania. Earth and Environmental Sciences Depart­ grams. Thanks to the Watreses, Lacawac has a ment was formalized. If we continue our national commitment to brilliant future, but Lacawac also has a rich Lacawac lies within 100 miles of 140 institu­ research and prevention efforts in the fight history. The property which makes up tions of higher learning, and the Lacawac against breast cancer, the discovery of causes Lacawac was a grant of land from the British Sanctuary Foundation is committed to drawing and cures for a disease that has no apparent crown to the family of William Penn which was to this beautiful, natural laboratory a strong cause or cure may soon become a long await­ acquired by James Wilson, a signer of the and significant scientific community to work for ed reality. Declaration of Independence. In 1849, a large the benefit of. mankind. portion of this land was acquired by Burton G. Mr. Speaker, we are all richer for the natural Morss, who built a sawmill and tannery on the beauty around us. Thanks to the foresight of HONORING THE CENTENNIAL Wallenpaupack River at Ledgedale-then a the Watreses, the magnificence of Lacawac CELEBRATION OF THE EAST sizable frontier town. continues both to inspire the love of our re­ ROCHESTER VOLUNTEER FIRE The tannery burned in 1895, and Morss gion's natural beauty and to encourage re­ DEPARTMENT IN EAST ROCH­ closed his business. At the turn of the century, sponsible scientific and personal stewardship ESTER, NEW YORK William Connell bought the property in order to of the land. build a summer estate. Connell began his ca­ HON. LOUISE MciNTOSH SLAUGHTER reer driving a coal wagon. He worked hard, OF NEW YORK saved and bought the company following the HONORING NANCY J. SCHILLING IN THE HOUSE OF REPRESENTATIVES Civil War. He later served in the U.S. House of Representatives and unsuccessfully sought Saturday, Octob er 10, 1998 HON. JERRY F. COSTELLO the Republican nomination for Governor of OF ILLINOIS Ms. SLAUGHTER. Mr. Speaker, today I rise Pennsylvania in 1902. IN THE HOUSE OF REPRESENTATIVES to pay special tribute to the East Rochester When William Connell died in 1909, none of Volunteer Fire Department in East Rochester, his eleven children wanted to maintain .the es­ Saturday , October 10, 1998 New York. The fire department celebrated its tate. They all lived in Scranton, and Lacawac Mr. COSTELLO. Mr. Speaker, I rise today to 1OOth year of service on May 23, 1998. · was a long train ride to a rough and dusty ask my colleagues to join me in honoring The East Rochester Volunteer Fire Depart­ coach ride away. Nancy J. Schilling, a dedicated civil servant in ment was organized in 1898, after a serious Lacawac was then touched by another re­ Evansville, Illinois, in my Congressional dis­ barn fire in the village of Despatch brought at­ markable man, Colonel Louis A. Watres, a trict. tention to the need for a fire brigade. A meet­ major figure in Scranton for 50 years, who Nancy serves as the city clerk for the village ing was held at Despatch Hall and the Des­ went to work after completing the fourth grade. of Evansville and as the Randolph County patch Fire District was formed, consisting He continued to educate himself throughout Civil Defense Director. While her husband, mostly of local businessmen. his life. He clerked for Judge John Handley, Danny and two children, Roxie and Ryan have Shortly after a second fire, the village of read for the bar and established himself in always known what a great wife and mother Despatch voted to allocate funds to cover the practice. He also pursued a successful polit- they have, Evansville has been equally October 11, 1998 EXTENSIONS OF REMARKS 25663 blessed in benefiting from Nancy's dedication Eckford, and Jefferson Thomas-better known While many prov1s1ons contained in this to her community. to the nation as the Little Rock Nine. measure enjoy broad support from the admin­ During the flood of 1993, the citizens of When I read, hear, and think about the per­ istration and Members alike, this omnibus Evansville realized just how fortunate they sonal sacrifices that these young men and measure includes many "poison pill" sections were to have Nancy Schilling as the city clerk. women were forced to make in the struggle to which were assured to fail individually. The At a time when Evansville was under great give real meaning to our nation's founding administration continues to oppose provisions, strain facing the damage from the flood, she principles of freedom, opportunity, liberty, contained in H.R. 4570, which would endanger became the organizing force in rebuilding the equality, and justice for all, I am humbled and our Nation's natural resources. The President community. Nancy coordinated efforts with the forever thankful. has indicated that he will veto the measure in National Guard, Army Guard, and Coast With a display of honor, dignity, and integrity its current form. Guard to assist in a rapid response flood relief well beyond their years, each one of these I am concerned that the majority has cho­ plan. She was also instrumental in securing pioneers for progress endured and overcame sen not to provide, sufficient opportunity to state and federal grant money to provide crit­ unthinkable emotional, verbal, and physical remedy and find consensus among Members ical additional support for southern Illinois. abuse as they fought to breakdown an entire regarding the deficiencies contained in this bill. What is most notable about Nancy Schilling nation's legacy of prejudice and racial hatred In fact, there are seventeen provisions within is her willingness to meet any challenge pre­ at the schoolhouse door. this measure which have never been heard or sented to her with a friendly smile and deter­ Mr. Speaker, as we seek to begin paying taken up before the Committee on Resources. mined spirit. Evansville recently recognized America's debt of gratitude to these heros and An additional forty-eight have yet to be re­ her as their Citizen of the Year. I commend heroines-known as the Little Rock Nine-by ported out of committee. However, the bill's Nancy for this well-deserved tribute, honoring awarding them the Congressional Medal of sponsors have chosen to combine these provi­ her integrity, compassion, and outstanding Honor, let us not forget that we stand on the sions without opportunity for and the benefit of commitment to Evansville. brink of a new millennium with the chance to debate or amendment. Such heavy handed Mr. Speaker, I ask my colleagues to join me learn from the lessons and legacies of our and partisan tactics espouse the worst quali­ in recognizing Nancy Schilling for the fine ex­ past and contemplate the challenges and ties of legislating in a politically motivated en­ ample she has set for us all. choices that lie ahead. vironment. As we recognize the contributions of the Lit­ I take particular exception to several sec­ tle Rock Nine and consider how their lives tions included in this bill. For example, I object IN HONOR OF JULIE MOSES have made the future brighter for today's to efforts which hinder Presidential authority, young people, I am reminded of the words of as granted under the Antiquities Act, to protect HON. DENNIS J. KUCINICH Dr. Martin Luther King, that: "we are all caught our most significant and valuable natural re­ in an inescapable network of mutuality, tied in sources on Federal lands. Also, I am opposed OF OHIO to efforts to accelerate timer harvesting on IN THE HOUSE OF REPRESENTATIVES ·a single garment of destiny. What affects one directly affects all indirectly." Mr. Speaker, Federal lands in the name of "forestry man­ Saturday, October 10, 1998 bearing in mind this undeniable principle, I be­ agement." Mr. KUCINICH . .Mr. Speaker, I. rise today to lieve if America is to fulfill the legacy of the Lit­ In addition to circumventing the environ­ extend my thanks to Julie Moses, an Amer­ tle Rock Nine and move from what has been mental review process under the National En­ ican Association for the Advancement of in the 20th century to what can be in the new vironmental Policy Act (NEPA), this section Science legislative fellow who has worked dili­ millennium, then-as a nation-we must strive does not allow for careful and prudent plan­ ning for timber harvesting. Further, it creates gently in my office for the past year. I am to acknowledge, embrace, and realize our di­ additional timber subsidies through a new grateful for her outstanding efforts on my be­ versity to its fullest. half. credit program established for loggers. Such Her invaluable contribution in staffing hear­ "poison pill" sections in this omnibus measure ings, writing letters, undertaking legislative re­ OMNIBUS NATIONAL PARKS AND need to be addressed on a singular basis search and her particular expertise in space PUBLIC LANDS ACT OF 1998 without hindering the passage of other non­ controversial provisions. and technology related issues proved that my SPEECH OF Mr. Chairman, while I support many of the confidence in her was well placed. I echo the provisions contained in this omnibus act, I sentiments of my entire staff in expressing that HON. LOUIS STOKFS cannot support them with the many more envi­ she proved more than capable in the face of OF OHIO ronmentally adverse sections contained in .this this challenging work. The professionalism, IN THE HOUSE OF REPRESENTATIVES bill. Until such adverse provisions are removed determination, and drive that she dem­ Friday, October 9, 1998 from this bill, I will urge my colleagues to vote onstrated in her time with us is much appre­ against H.R. 4570, while continuing to work to­ The House in Committee of the Whole ciated. ward enactment of a bill that is responsive to I hope that she learned as much in working House on the State of the Union had under consideration the bill (H.R. 4570) to provide the needs of our national parks and public with us as we learned from the experience of lands. working with her. I wish to thank her again for for certain boundary adjustments and con­ veyances involving public lands, to establish being an important part of our collective suc­ and improve the management of certain her­ cess. I wish her luck in all her future endeav­ itage areas, historic areas, National Parks, DEPARTMENTS OF LABOR, ors. wild and scenic rivers, and national trails, to HEALTH AND HUMAN SERVICES, protect communities by reducing hazardous AND EDUCATION, AND RELATED fuels levels on public lands, and for other AGENCIES APPROPRIATIONS LITTLE ROCK NINE MEDALS AND purposes: ACT, 1999 COINS ACT Mr. STOKES. Mr. Chairman, I rise in strong opposition to H.R. 4570, the Omnibus National SPEECH OF SPEECH OF Parks and Public Lands Act of 1998. This HON. BRUCE F. VENTO HON. HAROLD E. FORD, JR. compilation of many separate bills contains OF MINNESOTA OF TENNESSEE provisions which waive current environmental IN THE HOUSE OF REPRESENTATIVES protections, provide subsidies and benefits to IN THE HOUSE OF REPRESENTATIVES Thursday, October 8, 1998 exclusive special interests, and undermine Friday, October 9, 1998 protections for national parks and public lands. The House in Committee of the Whole Mr. FORD. Mr. Speaker, I rise today in sup­ Due to the many destructive environmental House on the State of the Union had under port of H.R. 2560, a bill to award the Congres­ consideration the bill (H.R. 4274) making ap­ provisions contained in this measure, opposi­ propriations for he Departments of Labor, sional Medal of Honor to Jean Brown Trickey, tion remains truly bipartisan in nature, with Health and Human Services, and Education, Carlotta Walls Lanier, Melba Patillo Beals, groups ranging from the League of Conserva­ and related agencies, for the fiscal year end­ Terrence Roberts, Gloria Ray Karlmark, Thel­ tion Voters, to Taxpayers for Common Sense ing September 30, 1999, and for other pur­ ma Mothershed Wair, Ernest Green, Elizabeth expressing their disapproval. poses: 25664 EXTENSIONS OF REMARKS October 11, 1998 Mr. VENTO. Mr. Chairman, I rise today in number of people who can participation in em­ SONNY BONO COPYRIGHT TERM strong opposition to the Labor-HHS-Education ployment and training programs. This contin­ EXTENSION ACT Appropriations Act for fiscal year 1999. this ued attack upon America's labor force and the legislation essentially denies the weakest and extreme underfunding of principal programs SPEECH OF most vulnerable of our nation's citizens impor­ which protect workers' wages, pensions, and tant programs which provide positive opportu­ equal opportunity rights is truly a slap in the HON. JOE SCARBOROUGH nities to succeed in life. It shortchanges the face to the working families of America. youth of our nation by virtually eliminating the OF FLORIDA Finally, I am disappointed with this meas­ Administration's education agenda, subjects IN THE HOUSE OF REPRESENTATIVES millions of America's most vulnerable families ure's elimination of funding for the Low-In­ to hardships with the elimination of LIHEAP, come Housing Energy Assistance Program, or Wednesday, October 7, 1998 dismantles common sense programs that help LIHEAP. LIHEAP provides heating and cooling Mr. SCARBOROUGH. Mr. Speaker, I rise in young people prepare for the world of work; assistance to 4.3 million low-income house­ support of Title I of S. 505, the Copyright and severely undercuts funding for programs holds by way of nurturing an effective funding Term Extension Act, but rise in opposition to which tackle labor issues such as adequate partnership with all levels of government and title II of the bill, relating to fairness in music wages, organizing rights, worker health and the private sector. This is a crucial need in licensing. Title II amounts to bad legislative safety enforcement. cold weather states such as Minnesota. As a former educator, I am a strong sup­ You don't have to be a meteorologist, sci­ decision-making for at least three reasons: (1) it is a shortsighted policy; (2) it is potentially porter of programs that invest in our nation's entist or environmentalist to notice the weather an unconstitutional taking; and (3) it violates children. Education is the most important in­ patterns in the past few years. Most Minneso­ our multilateral treaty obligations which is like­ vestment we can make to ensure the welfare tans are familiar with the extremes in weather­ ly to result in trade sanctions of property of of our nation's future. Our public schools face related conditions: dangerous winter tempera­ songwriters. enormous challenges in the next several tures down to 30 degrees below zero com­ years, including record high numbers of stu­ bined with even more frigid arctic windchills, First, by exempting most commercial estab­ dents, increasing proportions of students with producing advisory warnings against stepping lishments from paying copyright licensing fees disabilities, billions of dollars in unmet infra­ outside with exposed skin for more than five for the public performance of music, the pro­ structure needs and the challenge of making minutes. We Minnesotans in turn sympathize posal will radically reduce the royalties that education technology available to all students. with Texans this past summer, where at least performing rights organizations (BMI, ASCAP To often I must report that as public schools 79 people died due to heat-related illnesses and SESAC) will collect on behalf of song­ struggle critics make their task more difficult during the long, 100-plus degree heatwave. writers. Admittedly, proponents of eroded pro­ rather than offer the resources. This irrespon­ These extremes in temperatures translate into tection-those that want a free ride off the sible appropriation clearly ignores the fact that unpredictable energy bills for everyone, but backs of creators-are numerous and orga­ education has consistently been rated as a top have particularly dire consequences for indi­ nized. But, this is no reason to enact legisla­ priority of our constituents-it is almost impos­ viduals struggling on a limited income, and tion that will extinguish the flame of creativity and will chill the progress of science and the sible to list all of the negative provisions in­ disparities of income have persisted and com­ useful arts. cluded, but let me highlight, some of the "low­ pound this program zero funding policy path. lights". The Republican bill eliminates Title I Second, the right to own private property It is estimated that the average American reading and math assistance for 520,000 dis­ free from arbitrary government interference is household spends 6.8 percent of its income advantage students; eliminates Perkins col­ a basic tenet of American life. In fact, the right on energy bills during the most expensive lege loans and Byrd Scholarships for 120,000 to own property is as ancient as humankind heating and cooling seasons. A low-income students, cuts $300 million from Goals 2000 itself, with the enforcement of property rights and Eisenhower teacher training programs household spends an average of 17.4%, and being a part of legal systems worldwide. and turns them into block grants; and cuts sometimes up to 30%. That's at least two and Under our constitutional scheme of govern­ funding or drug and violence prevention coor­ a half times the average burden. We're talking ment, property cannot be "taken" by govern­ dinators at 6,500 middle schools. It cuts fund­ about the poor elderly, children, low-income ment action without just compensation. Al­ ing for the School-to-Work program by $250 single parents-persons already hit with the though debate swirls around the definition of million, eliminates funding for Star Schools, struggles of welfare-to-work and cuts in Medi­ the term "taking", common sense dictates that thereby shutting down innovative programs for care coverage. the term refers to any acts that diminish or de­ using technology and telecommunications Yet in the wake of tornadoes, floods, hurri­ prive any legally protected right to use, pos­ equipment in the classroom in low-income canes, and other natural disasters, the Repub­ sess, exclude others, or dispose of one's school districts. This Republican effort will lican leadership has seized upon this oppor­ property, real or intellectual. Title II of the bill withdraw funding for the Summer Youth Em­ tunity to create a battle between underserved "takes" the property of songwriters and ployment and Training program and will pre­ populations. The Labor-HHS-Education bill "gives" it to commercial establishments to use vent over 530,000 young Americans from justifies taking money out of LIHEAP to pay without compensation. In my opinion, it is tak­ gaining work experience and learning the valu­ for an increase in our nation's medical re­ ing without due process of law and just com­ able work ethics. search program. While I understand the impor­ pensation and is therefore unconstitutional. Proponents of this bill gloss over and ignore tance of advancements in medical research, these drastic cuts in education and will instead Third, the Secretary of Commerce has al­ robbing Peter to pay Paul does not alleviate ready advised Congress that fairness in music applaud the needed and provided increases the long-term health, nutrition and safety prob­ for Pell Grants, TRIO, Impact Aid and Special licensing reform legislation violates our inter­ lems caused by placing low-income individuals national treaty obligations. His words have education. However, the bill provides only a in between a rock and a hard place, forcing $537 million, or 1.8% increase in program lev­ been seconded by a drumbeat of statements them to decide whether to heat or eat. Energy from the United States Trade Representative, els for the department of education-a figure assistance is one of the simplest and most ef­ which falls substantially below the 2.2% infla­ the Register of Copyrights, and the Assistant fective ways of preventing individuals from tion rate projected for FY 99, so we are going Secretary of Commerce and Commissioner of having to make that choice. Should we really backwards. Patents and Trademarks that an overly broad But that's not all. This bill doesn't just target expect the poorest of the poor, the working exemption in section 11 0(5) of the Copyright the youth of our Nation to accept far less. H.R. poor to be the qualitative cut that will help us Act would "violate our obligations under the 427 4 is extreme in its disregard for the protec­ fight the great ills that have faced mankind Berne Convention for the Protection of Literary tion of our workforce. It provides inadequate through the ages. and Artistic Works." I believe that Title II will funding for federal laws which protect their I urge my colleagues to express their com­ result in a WTO finding that we have violated health and safety, and their right of workers to mitment to a more preventive approach to our multilateral treaty obligations. organize · and bargain collectively. In addition, meeting the needs of underserved popu­ For these reasons, I oppose Title II of the this bill ignores the growing need for highly lations. Vote no on the current Labor-HHS­ bill but because I support Title I, I will not ask skilled workers, cutting, nearly in half, the Education appropriations package. for a recorded vote. October 11, 1998 EXTENSIONS OF REMARKS 25665 MISSISSIPPI SIOUX TRIBES JUDG­ dating the concerns and interests of the Ad­ to the existence of the aboriginal tribe, to as­ MENT FUND DISTRIBUTION ACT ministration, the tribes and lineal descendants. sure that an applicant has identified a "specific OF 1998 The cap S. 391 places on the amount of funds Sisseton and Wahpeton Mississippi Sioux to be distributed to unaffiliated lineal descend­ Tribe lineal ancestor." SPEECH OF ants is particularly important. The United Section 8 is another important provision in HON. RICK HILL States has an important government-to-gov­ S. 391. Subsections (a) and (f) of this section OF MONTANA ernment relationship with these tribes and a guarantee that if the lineal descendants bring IN THE HOUSE OF REPRESENTATIVES trust responsibility to them that supports pro­ suit challenging the constitutionality of the allo­ viding to the tribes the greatest percentage cation to the tribes, the tribes will have the Saturday, October 10, 1998 possible of the judgment fund that is com­ right to intervene in that suit to challenge the Mr. HILL. Mr. Speaker, I rise to support S. pensation for the taking of lands owned by the constitutionality of the allocation that S. 391 391, the "Mississippi Sioux Tribes Judgment tribes. Providing the greatest percentage pos­ makes to the lineal descendants. Most impor­ Fund Distribution Act of 1998." sible will improve the desperate economies of tantly, the tribes will have the right to have S. 391, sponsored by Senator DORGAN of these tribes while diminishing the amount of their constitutional claims heard and deter­ North Dakota and cosponsored by his col­ the fund that will be distributed per capita to mined on the merits. This was an important league from North Dakota and his colleagues unaffiliated lineal descendants to whom the provision requested by the tribes as part of the from Montana and South Dakota, was origi­ United States does not owe the same trust ob­ nally introduced as a companion bill to H.R. ligation. negotiations that resulted in the reduction of 976. My legislation was brought up in the Apart from changing the tribal allocation, the tribal allocation from that allowed under House under suspension of the rules and much of the remainder of S. 391 is the same H.R. 976. The tribes' constitutional claims passed on September 8, 1997. as or similar to provision contained in H.R. have never been determined on the merits de­ After receiving the referral of H.R. 976 the 976. There are, however, certain new provi­ spite the Federal court in Montana and United Senate Committee on Indian Affairs held a sions that make more acceptable the reduc­ States Court of Appeals for the Ninth Circuit hearing on the measure on October 21, 1997 tion in the distribution to the tribes. One is a both stating that the tribes' claims merited liti­ and favorably reported an amendment in the provision that tightens the methods used by gation. These courts nevertheless was com­ nature of a substitute on November 4, 1997. the Secretary to verify the Sisseton and pelled to dismiss the claims as barred by a In order to address concerns raised by the Ad­ Wahpeton Mississippi Sioux Tribe lineal an­ statute of limitations. A subsequent constitu­ ministration, the Committee on Indian Affairs cestry of new applicants who seek to partici­ tional challenge by the tribes was dismissed held a legislative hearing on S. 391 on July 8, pate as lineal descendants. The methods used on res judicata grounds by the Federal court 1998. Only July 29, 1998 the committee favor­ by the Secretary with respect to those already in the District of Columbia. Section 8 of S. 391 ably reported S. 391 with an amendment in identified as lineal descendants resulted in will now allow these claims to be determined the nature of a substitute. The Senate passed only 65 of those 1,988 individuals tracing an­ on the merits. In the context of S. 391, which S. 391 on October 9, 1998. cestry to a member of the Sisseton and also allows the lineal descendants to chal­ The major difference between H.R. 976 as Wahpeton Mississippi Sioux Tribe. Since the lenge the distribution made to the tribes, it is passed by the House and S. 391 as passed judgment fund is compensation for lands taken basic fairness to level the playing field by al­ by the Senate concerns the amount of the from this aboriginal tribe it stands to reason lowing the triQes to challenge the distribution judgment fund to be distributed to the three and the 1972 act says as much explicitly, that to lineal descendants without the impediment Sisseton and Wahpeton tribes. Under H.R. eligibility to participate as a distributee must of the types of defenses that in the past pre­ 976, these tribes would receive the interest on be based on lineal descendance from the ab­ vented the tribes from securing a merits dis­ the undistributed funds and the lineal de­ original tribe. The only way to assure this is to position of their constitutional claims. scendants would receive the principal origi­ have applicants identify a lineal ancestor who Subsection (f)(1) of S. 391 would preclude nally allocated to them in the 1972 act. Under was a member of the tribe. S. 391 now more the tribes, once they receive a distribution S. 391 , the tribes will receive about 28.3 per­ emphatically requires this. The Secretary, under this act, from litigating a claim to chal­ cent of the undistributed funds and the lineal under S. 391 , must use certain specified rolls lenge the distribution to lineal descendants descendants will receive about 71.6 percent. to establish that an applicant has a lineal an­ arising under the 1972 act. However, if such This disposition of the fund was resulted from cestor who was a member of the aboriginal a challenge commenced prior to the receipt of extensive consultations by the Senate Com­ tribe. However, it is not sufficient to simply a distribution, that challenge is not impeded mittee on Indian Affairs both with the tribes identify an ancestor on one of the rolls re­ from proceeding. Also subsection (f)(2), as and with the Administration. The Administra­ ferred to in S. 391 . In addition it is necessary mentioned, protect the right of the tribes to se­ tion, in turn, consulted with representatives of to ascertain that, that ancestor was a member cure a disposition on the merits of any claim the lineal descendants. of the aboriginal Sisseon and Wahpeton Mis­ they bring in intervention under subsection (a). While in my opinion the tribes should re­ sissippi Sioux Tribe. If the use of a particular ceive the funds provided in the House passed roll does not permit the Secretary to determine This bill has bipartisan support. measure the allocation funds in S. 391 rep­ that aboriginal tribe membership, then the I urge my colleagues to support this meas­ resents a reasonable approach to accommo- Secretary must use other rolls, closer in time ure.