October 14, 1998 EXTENSIONS OF REMARKS 26357 EXTENSIONS OF REMARKS

DANTE B. F ASCELL-NORTH-SOUTH gressman announced in Washington that he However, because of their wide constituent in­ CENTER ACT OF 1991 won't seek a 20th term on Capitol Hill. Nei­ terest, the following Members of Congress ther will he convert to his personal use, would like to be shown as supporters of H.R. though legally he could, the $500,000 or so in SPEECH OF his campaign treasury. That's fully con­ 4519. HON. CARRIE P. MEEK sistent with his integrity, public and private. 1. JIM MCGOVERN Representative Fascell is a close second in 2. BOB LIVINGSTON OF FLORIDA seniority, but a clear first in esteem, among 3. WILLIAM JEFFERSON IN THE HOUSE OF REPRESENTATIVES the members of Florida's congressional dele­ 4. ALLEN BOYD Monday, October 12, 1998 gation. He has served with distinction as 5. GENE GREEN chairman of the House Foreign Affairs Com­ 6. JOHN OLVER Mrs. MEEK of Florida. Mr. Speaker, 1·rise in mittee. 7. CARLOS ROMERO-BARCELO strong support of H.R. 4757, which would des­ Never was his wisdom on better display 8. VIRGIL GOODE ignate the North/South Center at the Univer­ than during 1990's congressional debate of America's role in the Persian Gulf. His rea­ 9. BOB STUMP sity of Miami as the Dante B. Fascell North! 10. PHIL ENGLISH South Center. soned support for deploying multinational forces against Saddam Hussein was pivotal 11. GERALD SOLOMON I thank Chairman GILMAN for his initiative in to winning House approval of President 12. LINDA SMITH this matter, for it is a fitting honor for a truly Bush's policies. 13. JIM GIBBONS great man. Yet Mr. Fascell, 75, also knows full well 14. SUE KELLY For 36 years, Dante Fascell served on the that violence rarely resolves international 15. JOHN TIERNEY House Foreign Affairs Committee, eight years disputes. Long before Iraq's invasion of Ku­ 16. LYNN RIVERS as full Committee Chairman. He devoted his wait, for instance, he had built a solid record 17. NANCY PELOSI of support for negotiations to bring peace to whole lifetime to the service of this nation and the Mideast while ensuring Israel's security. 18. TOM PETRI the nations of the world. A man with great in­ He also played a key role in congressional ef­ 19. MICHAEL PAPPAS sight, judgment, and knowledge, he was an forts to end violence and injustice in Central 20. DAVID HOBSON advisor to Presidents who was also sought out America and to restore democracy and 21. DAVID OBEY by foreign leaders and dignitaries. human rights in Cuba, Haiti, Nicaragua, El 22. RICHARD BURR Throughout his decades of service, Mr. Fas­ Salvador, and Chile. 23. CLAY SHAW Less visible but arguably as important was cell became more and more convinced of the 24. JAY. JOHNSON Mr. Fascell's work in concert with leading 25. MARCY KAPTUR need for an American foreign policy based on European parliamentarians on behalf of cultural, educational, trade and person-to-per­ human rights behind the Iron Curtain. Their 26. BUD CRAMER son exchanges between nations, in addition to efforts to free dissidents and goad the East­ ern bloc to honor the Helsinki accords may normal government-to-government contacts. A DIFFICULT TASK His vision became reality at his alma mater, well have helped hasten tyranny's demise and the Cold War's end .... the University of Miami. Dante Fascell is rec­ Among Mr. Fascell's endearing traits is HON. MARSHAl! "MARK" SANFORD ognized as the father of the North/South Cen­ one all too rare among elected officials: can­ ter, which today is Congressionally-authorized dor. He still has a way of cutting through ba­ OF SOUTH CAROLINA and one of the nation's leading institutions fo­ loney to get to the point. You can believe IN THE HOUSE OF REPRESENTATIVES cusing on improving relations between the what he says. Wednesday, October 14, 1998 countries of North and South America and the You can also believe, however, that Mr. Fascell might leave some things unsaid in Mr. SANFORD. Mr. Speaker, over the past Caribbean. deference to his longtime colleagues and to few months, I have heard from literally thou­ Despite his great achievements, however, an institution that he loves. Some retiring sands of folks back home on the President's Dante Fascell never forgot his roots. He was congressmen have spoken bitterly of their matter. On Thursday, I had to digest all that I always friendly, open and approachable to his disillusionment with politics and of the 'poi­ had heard, read and thought about this, and constituents in South Florida. He committed sonous atmosphere' pervading Capitol Hill. simply vote yes, or no, on whether or not to his efforts to solving little problems, as well as Mr. Fascell said that it was simply time to go after nearly 38 years of service. authorize the Judiciary Committee to proceed big ones. His common sense and common Even so, there's cause for concern over Mr. with an inquiry of impeachment. I voted yes touch endeared him to-literally-generations Fascell's departure. Granted, many term­ and owe you an explanation of how I got of voters. It is not an exaggeration to say that, limits advocates would argue that he had al­ there. by the end of his service in Congress he was, ready stayed on too long. It ought to be wor­ I agree with opponents of the process who as he is today, truly a legend in Florida. risome, though, when able public servants no longer feel that serving in Congress is re­ have suggested there has been far too much Mr. Fascell retired from the Congress the grandstanding and moralizing on this issue. year that I was elected, in 1992, and so I warding enough or enjoyable enough to make them want to stick around. Frustration with politicians grandstanding, never had the honor of serving with him. But For the nation and for Florida, then, Mr. however, never moved me into the camp that I have known him for many years. He set a Fascell's retirement is a loss. Beyond that, believed we needed to quickly move on to very high standard for public service which all though, the obvious erosion in public serv­ "the nation's business." In fact, since this of us who follow him try daily to meet. And I ice's attractiveness to candidates of his stat­ story broke in January, I have tried to listen ure is an even greater loss. am completely confident that those of you carefully and in no way have forgotten about here today who served with Dante Fascell will issues like Social Security or national security. agree with me that he is one of the finest men H .R. 4519 However, I have come to believe that in the to serve in this body. long-run, the current debate is probably just as I would like to share with my colleagues a relevant to the lives of Americans. Here is the few comments on Dante Fascell which ap­ HON. RALPH M. HAl! reasoning that brought me to this conclusion. peared in a Miami Herald editorial on his re­ OF TEXAS At the core, representative government is tirement. IN THE HOUSE OF REPRESENTATIVES built on trust. Thus, maintaining trust in the [From the Miami Herald, May 28 , 1992] Wednesday , October 14, 1998 leaders who run the many components of gov­ Dante Fascell retiring? Say it isn't so! But Mr. HALL of Texas. Mr. Speaker, under the ernment is every bit as important as the indi­ it is: Yesterday the veteran South Dade con- rules, H.R. 4519 is considered a private bill. vidual functions of government. In other

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. 26358 EXTENSIONS OF REMARKS October 14, 1998 words, "national security", or "moving onto the ished values-the idea that we are a nation of Georgia Appalachian Trail runs north and nation's business," without trust in the people laws, not men. south through the length of the park and is running it is an oxymoron. intersected by a system of nine park trails In our system of representative government, varying in length from one-half to four miles. every free citizen has ceded over to our 75TH ANNIVERSARY OF HIGH school board member, our county council POINT STATE PARK High Point State Park is treasured by all member, our Senator and our President a little who have hiked its mountains, swum or fished bit of our authority. We place our trust in them. HON. MARGE ROUKEMA in its lakes or simply taken in its majestic If the President raised his right hand and lied OF NEW JERSEY views. The people of New Jersey owe their to a grand jury, we have a major problem be­ IN THE HOUSE OF REPRESENTATIVES undying gratitude to the Kuser family for shar­ cause he is the chief law enforcement officer Wednesday , October 14, 1998 ing this natural wonder with the public and, in of this land. If people felt free to lie in our mu­ Mrs. ROUKEMA. Mr. Speaker, I rise to call doing so, keeping it in its natural state. I ask nicipal, state or district court system after rais­ attention to the 75th anniversary of the open­ my colleagues in the House of Representa­ ing their hand and swearing to tell the truth, ing of High Point State Park, one of the most tives to join me in thanking the Kuser family, our criminal justice system would not work. beautiful state parks in the State of New Jer­ the Friends of High Point State Park, the I fear that if we "leave it alone," we would sey and, indeed, our nation. At a time when park's employees and all others involved in be sending a message to everyone that since development pressures are stripping us of our protecting this treasure for generations to the President lied, they can, too. Or, worse open spaces, High Point is a pristine paradise come. yet, that two systems of justice exist-one for despite the dense population around it. Made "big people," like Presidents, and another for up of land donated by private owners and regular people. Since I don't want to pass ei­ maintained by the state and volunteer work­ ther one of these messages along to my chil­ ers, High Point is an outstanding example of THAILAND, A BEACON OF HOPE dren or yours, I don't believe . we can simply what can be done when the public and private leave this issue to fester. sectors work together for the betterment of David Schippers, Chief Investigative Coun­ their community. From the Kuser family, who HON. BENJAMIN A. GILMAN sel on the Judiciary Committee and a life long donated the land, to the Friends of High Poirit Democrat who headed then-Attorney General State Park, whose volunteers provide a variety OF NEW YORK Robert F. Kennedy's organized crime task of services, many individuals deserve our IN THE HOUSE OF REPRESENTATIVES force in Chicago, summed this idea up well in thanks. his testimony before the committee: High Point State Park occupies more than Wednesday, October 14, 1998 "The principle that every witness in every 14,000 acres along the northern tip of New case must tell the truth, the whole truth and Jersey and contains the state's highest peak, Mr. GILMAN. Mr. Speaker, 25 years ago nothing but the truth, is the foundation of the 1,903 High Point. Its remoteness has kept the today the people of Thailand stood up and American System of Justice, which is the envy park virtually unchanged since King George of threw out ·a military dictatorship and created a of every civilized nation. If lying under oath is England gave the land to James Alexander­ nation built on the rule of laws and not of men. tolerated and, when exposed, is not visited the first private owner-in 1715 as a royal It was a painful turning point in Thai history. with immediate and substantial adverse con­ land grant. The first substantial construction Seventy-three people were killed and nearly a sequences, the integrity of this country's entire did not come for 173 years, when Charles St. thousand were injured calling for their God judicial process is fatally compromised and John and his family built the plush High Point given rights, demonstrating for democracy, po­ that process will inevitably collapse." Inn resort in 1888. In 1909, the inn went bank­ litical pluralism and the rule of law. The people For these reasons, I have come to view the rupt and was purchased, along with the land, beginning of impeachment proceedings dif­ by businessmen Anthony and. John Kuser. An­ of Thailand led the way in a region that was, ferently than many do. An inquiry does not im­ thony Kuser tore down half the inn and recon­ and to this day still is, ruled by corrupt dicta­ peach the President, but instead simply looks structed a "summer house" now known to visi­ torships. at the charges and the evidence behind them. tors as the Lodge. Vietnam, Cambodia, Laos and Burma have It is a chance to clear this matter and to truly Private ownership came to an end in 1922, not changed much. Most of these nation's dic­ put it behind us in a way that leaving it alone when Anthony Kuser gave 10,000 acres-the tators are linked to illicit drug production and never could. bulk of the modern park-to the State of New all of them have no intention of permitting the To date, we have had a prosecutorial en­ Jersey. The Kuser family also paid for con­ expression of any political pluralism or the rule deavor with Judge Starr and the Office of struction of the 220-foot obelisk that tops the of law. To this day, Thailand is still a beacon Independent Counsel. They have made their summit of High Point itself. The tower, com­ case but it has never been tested by the de­ pleted in 1930, is a monument to veterans of hope for thousands who flee from these re­ fense in a "courtroom" setting. In an impeach­ killed in the nation's wars. It offers majestic pressive rulers. ment inquiry, this would change. Democrats views of the Delaware Valley, the Catskill and The Karen and the Karenni whose nations on the Judiciary Committee will have the Pocono Mountains, and the lakes and forests were absorbed into Burma, the Hmong who chance to cross-examine witnesses, challenge of the park itself. are repressed by the Pathet Lao, the evidence and tell the President's side of the As a multi-use park, High Point is managed Montagards and other ethnic minorities and story. In this process, one of two things can with an eye toward balancing backcountry hill tribes pursued by the Vietnamese, all of happen: {1) the President is absolved of all preservation with the provision of ample rec­ them have taken refuge at one time or another charges because the evidence does not hold reational facilities. The northernmost part of in the free and democratic Kingdom of Thai­ up after it is cross-examined, and we can the park is the 800-acre John D. Kuser Nat­ therefore truly have this behind us; or (2) there ural Area, much of which is old growth Atlantic land. is enough credible evidence to warrant send­ white cedar swamp. Just south of the natural Thailand's People's Constitution was adopt­ ing it to the Senate. area is the summit of High Point itself. There ed in 1997 but was born from the blood that Scott Peck years ago wrote a book titled are three public-access lakes within the was shed in demonstrations 25 years ago "The Road Less Traveled." Its premise was boundaries of the park. Twenty-acre Lake today in Bangkok and all across the country that doing the right thing was often the more Marcia, at 1 ,600 feet the highest lake in New involving some 500,000 people. Today we difficult, and therefore less traveled, course. Jersey, has a supervised bathing beach. Lake mourn and pay respect for Thailand's heroes An impeachment inquiry fits under the same Steenykill, west of Marcia, has a boat-launch­ who gave their lives for their nation and the umbrella. You do not see them in Malaysia, ing ramp and furnished cabins that may be greater good of all it people. Pakistan, or Zaire. Even the possibility of an rented by family groups. Sawmill Lake, near impeachment is unique around the world. The the center of the park, has boat-launch facili­ The United States remembers you, your na­ key now is that we treat a process this special ties and 50 campsites. tion loves you and the repressed people of the and unique with the proper consideration. This Hiking, naturally, is one of the prime attrac­ region who take refuge within your borders means sticking to one of America's most cher- tions at High Point State Park. The Maine-to- thank you from the bottom of their hearts. October 14, 1998 EXTENSIONS OF REMARKS 26359 IN HONOR OF THE MEMORY OF The Ronald McDonald House of Northern this research, we now know that maintaining JOHN L. KOCEV AR Virginia, located on the grounds of Fairfax the proper level of nitric oxide in the body is Hospital, offers the families of critically ill chil­ vital to good health. Dr. Murad's research has HON. DENNIS J. KUCINICH dren seeking treatment in the Washington shown that this colorless, odorless gas is a OF OHIO area a safe and free place to stay during their key regulator of transmitting signals between IN THE HOUSE OF REPRESENTATIVES time of need. In support of this noble charity, cells. the Yeonas family has graciously combined Dr. Murad's innovative research focused on Wednesday, October 14, 1998 the 50th anniversary celebration of the first how the drug nitroglycerine relieves chest Mr. KUCINICH. Mr. Speaker, I rise today to home their family built with a benefit for the pains by encouraging blood vessels to relax honor the memory of John L. Kocevar, a man Ronald McDonald House. The Yeonas family and dilate. Dr. Murad found that when patients who devoted his life to protecting and enhanc­ of home builders have designed, built, and fur­ receive nitroglycerine, it is broken down in the ing the well-being of his community in Seven nished a show home in McLean from October body to create nitric oxide. Once this gas is Hills, Ohio. 17 to November 15. The Yeonas family has released, it sends messages to blood vessels Serving in World War II with the Army's selected for the furnishings the finest items to carry more blood to cramping, oxygen­ 392nd Bomb Group in Europe, John Kocevar and products from the home collection of Vir­ starved tissues. As a result, patients receive soon acquired a deep commitment to serving ginia's Design Foundry which is run by promi­ more oxygen and their chest pains are re­ others. Shortly after the war, John began a ca­ nent architect Walter Lynch, AlA. duced. Dr. Murad has a long record of distin­ reer in public service, a career to which he Every dollar earned from the entry fee to the guished service as a scientist and researcher. would devote the rest of his life. home will be donated by the Yeonas family di­ Currently, he serves as the Chairman of the Protecting and enhancing the well-being of rectly to the Ronald McDonald House. In addi­ his community, John served as an enforce­ Department of Integrative Biology, Pharma­ tion, a portion of the proceeds from each cology, and Physiology at the University of ment agent and chief for the Ohio Department piece of furniture sold and a percentage of the of Liquor Control, executive officer of the Cuy­ Texas Health Science Center (UT Health sale of the show home itself will be donated Science Center) in Houston. In 1996, Dr. ahoga County Sheriffs Office and attentively to the Ronald McDonald House so that they owned the former Area Wide Paging Com­ Murad was awarded the Albert and Mary may provide even more families with the sup­ Lasker Basic Medical Research Award by the pany. In addition to pursuing his public service port they need. career, John also spent much of his time in National Academy of Sciences for his innova­ Over the past 50 years Stephen Y eonas tive research in understanding the biochemical church. John served as a Eucharistic minister has been building the communities that make and Holy Name Society member at St. mechanisms in numerous cells and tissues. Northern Virginia and indeed all of the Metro­ Prior to his tenure at the UT Health Science Columbkille Catholic Church in Parma. politan Washington Area one of the most vi­ John L. Kocevar leaves behind his wife, Center, Dr. Murad served as the Vice Presi­ brant areas in the country. As Mr. Yeonas Rita; son, John T.; daughters, Lori Shannon dent of Research and Development at Abbott steps down after so many years of service he and Kathryn Terlaak; three grandsons; two Laboratories and an adjunct professor with has left us an indelible legacy of innovation brothers; and two sisters. Northwestern University Medical School in My fellow colleagues, join me in honoring and selfless philanthropy that should serve as Chicago from 1988 to 1992. From 1981 a model to us all and I know has been im­ John L. Kocevar, a man who dedicated his life through 1988, Dr. Murad served as the Chief to improving and enhancing the lives of oth­ parted upon his successors, the next genera­ of Medicine at the Palo Alto Veterans Adminis­ tion of Yeonas home builders: Steve Yeonas, ers. tration Medical Center as well as a professor Jr., Stephanie Yeonas Ellis and her husband at Stanford University. From 1975 through Richard Ellis. I would like to thank Stephen 1981, Dr. Murad served as a Professor in the TRIBUTE TO STEPHEN G. YEONAS Yeonas for all he has contributed over the Departments of Internal Medicine and Phar­ past half century. He has enriched the lives of macology at the University of Virginia School HON. THOMAS M. DAVIS countless thousands and offered hope to so of Medicine. OF VIRGINIA many. In addition to congratulating Dr. Murad, I also want to congratulate UT Health Science IN THE HOUSE OF REPRESENTATIVES Center for fostering an environment of innova­ Wednesday, October 14, 1998 HONORING NOBEL PRIZE WINNER tion and cutting-edge research that attracts Mr. DAVIS of Virginia. Mr. Speaker, I rise DR. FERID MURAD and supports the world's best medical re­ today to offer my personal thanks and give searchers and students. Although the initial public recognition to Mr. Stephen Yeonas. Mr. HON. KEN BENTSEN discovery of nitric oxide's biologic role was Yeonas has spent the last 50 years dedicated OF TEXAS made at the University of Virginia, Dr. Murad to providing the consistently growing popu­ IN THE HOUSE O,F REPRESENTATIVES has continued to conduct nitric oxide research lation in Northern Virginia with more than at the UT Health Science Center. And with the 10,000 quality homes that now are the corner­ Wednesday, October 14, 1998 awarding of the Nobel Prize to Dr. Marud, UT stone of our neighborhoods and communities. Mr. BENTSEN. Mr. Speaker, I rise to honor Health Science Center will continue to attract After his graduation from Catholic University of Dr. Ferid Murad of the University of Texas new facility and students from around the na­ America's Columbus School of Law, Mr. Health Science Center in Houston on being tion and the world who wish to work with such Yeonas founded the Yeonas Company in awarded the 1998 Nobel Prize in Physiology prestigious researchers as Dr. Murad. 1946. As founder and president from 1946 to or Medicine. Dr. Murad, along with Dr. Robert I want to congratulate Dr. Murad for achiev­ 1973, the Yeonas Company became the larg­ Furchgott of the State University of New York ing the highest honor in his field, the Nobel est builder of new homes in the Washington in Brooklyn and Dr. Louis lgnarro of the Uni­ Prize, and recognize the significant contribu­ Metropolitan Area for many years. versity of California at Los Angeles, were rec­ tions that he has made to understanding the With his professional success Mr. Yeonas ognized for detailing the important biologic body's regulatory system and saving lives. has also been the recipient of a number of properties of the gas nitric oxide. Their work awards bestowed upon him by the industry he has led to new treatments and promising re­ AMARTYA SEN CHANGES THE led for some many years. These include the search in areas such as heart and lung dis­ WORLD'S THINKING ABOUT HUN­ "Man of the Year Award" by the Home Build­ ease, shock, and degenerative diseases such GER AND POVERTY ers Association of Metropolitan Washington as arthritis, saving and improving millions of Area and his being named Virginia Realtor of lives around the world. the Year. But I proudly rise today to recognize Dr. Ferid Murad and his colleagues dem­ HON. TONY P. HAU OF OHIO Stephen Yeonas as truly one of the great phi­ onstrated that nitric oxide helps to maintain lanthropists of Northern Virginia. Most recently our body's regulatory system. When Dr. Murad IN THE HOUSE OF REPRESENTATIVES Mr. Yeonas and his family have lent their fi­ and his colleagues started their research more Wednesday, October 14, 1998 nancial support and home building expertise to than 20 years ago, many of their peers did not Mr. HALL of Ohio. Mr. Speaker, I don't often the Ronald McDonald House of Northern Vir­ believe that such a gas could be so important speak on the floor of the House about eco­ ginia. to the regulation of circulation. As a result of nomic theory-that being a topic that's usually 26360 EXTENSIONS OF REMARKS October 14, 1998 best left to our colleague, the Majority Leader people as more than just the labor side of the of the Committee on Minority Concerns of the and former economic professor from Texas. capitalist equation. His work brings an ethical National Art Education Association; and vice­ However, today is not an ordinary day rn the component to his discipline that makes it es­ president of the National Art Education Asso­ field of economics-or for the poor and hungry pecially relevant for policy makers. And his re­ ciation. His civic involvement has included people I am more familiar with. Today, one of ceipt of the Nobel prize will encourage a wide being president of the Booker T. Washington the world's most dedicated and innovative range of others to continue his efforts. Child Development Center, serving as a board scholars has been named as the 1998 recipi­ Mother Teresa said "we can do no great member of the Phoenix Opportunities Indus­ ent of the Nobel prize for economics-and his things-only small things with great love." trialization Center, the Garfield Neighborhood contributions are worth our attention and grati­ From his humble reaction to the news of his Association, the Arizona State University Per­ tude. award, it seems that Amartya Sen shares her forming Arts Board, the Neighborhood Hous­ A year ago, the world lost one of its pre­ sentiment. There is no question that both did ing Service of Phoenix, the Phoenix Art Mu­ eminent leaders when Mother Teresa died. their work with great love for the poor to whom seum, the Phoenix Urban League, Phoenix Today, another Nobel laureate has been they devoted their lives. Festivals, the South Mountain Magnet School named who is as dedicated as she was to We all know that Mother Teresa's legacy re­ Advisory Board, and the Advisory Board of helping the poor of India and the world. futes her humility. Today, the world knows, by Discover Art the art textbook widely used in Amartya Sen is best known for his efforts to the announcement of the Nobel committee's grades 1-6. expose food shortages as a symptom-and award, that Amartya Sen too has done great Dr. Grigsby has received numerous awards not the cause-of famines. Having seen many things. I am honored to have this opportunity for his achievements. This year the National of the places he studied, I am particularly to thank him for it, and to congratulate him on Art Education Association named him their . grateful for his contribution to changing the an honor none deserves more. "Retired Educator of the Year". He has also world's thinking about hunger and poverty. received distinguished service awards from his Hunger is the most devastating form of pov­ alma mater, Morehouse College, from The erty, and too often it has little relation to the 80TH BIRTHDAY TRIBUTE TO DR. Miami University of Ohio and The Arizona Alli­ supply of food. Our world produces more than J. EUGENE GRIGSBY, JR. ance of Black School Educators. He has been enough to feed every man, woman, and child honored by Four Corners Art Education Asso­ alive-and yet today, and every day after that, HON. WILLIAM (BILL) CLAY ciation, the University of Arizona and the Na­ 24,000 people will die of hunger and the dis­ OF MISSOURI tional Gallery of Art. The Arizona State Univer­ eases it spawns. Nor is the problem one of IN THE HOUSE OF REPRESENTATIVES sity Graduate College bestowed the "Distin­ getting the food to the people in need. guished Research Scholar" award upon him in Wednesday, October 14, 1998 No, the cause of hunger almost always 1983. In 1989 Grigsby received the Arizona turns out to be a lack of political will to ease Mr. CLAY. Mr. Speaker, I am very pleased Governor's "Tostenrud Art Award" for con­ poverty just enough to ensure people can sus­ to recognize the accomplishments of Dr. J. tributions to the Arts of Arizona and in 1992 tain their own lives. Mr. Sen's work has ex­ Eugene Grigsby, Jr. who, on October 17, he was the first African American to receive posed that, and it informs the debate of the 1998, will celebrate his eightieth birthday. the Arizona History makers Award presented many governments, charities, and individuals Dr. Grigsby is a distinguished artist, educa­ by the State of Arizona. Inducted into the His­ who devote their efforts to fighting hunger. tor and author. His art work is represented in tory maker Hall of Fame along with Grigsby The decision of the Nobel committee to numerous public and private collections were Barry Goldwater and Sandra Day O'Con­ make its award to Mr. Sen could not have throughout the world. He has had one man nor. In 1965 the Philadelphia College of Art come at a better time. All around the world, exhibits in Luxembourg, Arizona, Texas, North awarded him the Honorary Doctor of Fine countries whose memory of hunger was fading Carolina, Georgia, Colorado, Ohio and New Arts. . into the past are facing it again. In Indonesia, York. In addition, his work has been included Dr. Grigsby has also been cited by the the world's fourth-largest country, one-half of in group exhibits in Louisiana, Maryland, Illi­ Phoenix OIC, the Arizona NAACP, and numer­ its people are in poverty. In Russia, the figure nois, Georgia, Nigeria, Florida, California, ous schools, churches and community organi­ was one-third-but is likely to increase be­ Texas, Washington, New Jersey, Iran, Ala­ zations for his selfless contributions of time, cause key crops have failed. Throughout Asia, bama, North Carolina and South Carolina. effort and expertise. The Meritorious Service poverty vanquished through hard work is back, Dr. Grigsby began his teaching career as an Award of the National Art Education Associa­ and people are facing conditions not seen art instructor at Bethune-Cookman College in tion has been named the "Eugene Grigsby since 30 years of intensive development initia­ Daytona Beach, Florida in 1941. In 1946, he Award for Service to Art Education" in rec­ tives began. was recruited to establish an art program and ognition of his significant contributions to the In addition to this alarming back-slide, full­ department at Carver High School in Phoenix, field of art education. In addition, his accom­ blown famines now threaten Sudan and North Arizona. From there, he moved on to Phoenix plishments are noted in numerous publications Korea. Two million have died in Sudan during Union High School and then to Arizona State including: Who's Who Among African Ameri­ its latest cycle of war and famine; more than University in 1966. He retired as professor of cans; Who's Who in the World; Who's Who in a million North Koreans are widely believed to art from Arizona State University in 1988. In America; Who's Who in American Art; Who's have died since its economic collapse. Africa's 1958, Dr. Grigsby was one of a select group Who in the West; and Who's Who in Black prospects for peace-one of the best guaran­ of American artists invited to serve as artist in America. Chapters on him also can be found tees against famine-have evaporated, as residence at the Children's Creative Center in in Art: African American; Those Who Serve; wars engulf one-third of Africa and threaten to the American Pavilion during the Brussels, Contributions of Afro-Americans to the Visual ignite the entire continent. Belgium World Fair. Arts; Paths Toward Freedom, Biohistory of The people involved in fighting hunger are Gene Grigsby has written numerous articles Blacks and Indians in North Carolina; Afro­ among the most dedicated, sawy, and excep­ on art and art education. His writings have ap­ American Artists, Dimensions in Black; Black tional people I have had the honor to know. peared in Arts & Activities, Black Art Quarterly, Artists on Art; and American Negro Art. But not many of them are economists. School Arts, and The Journal of the National Dr. Grigsby is still widely in demand as a Amartya Sen is an exception. He is a prag­ Art Education Association. His landmark book, guest speaker. The former Danforth Fellow matist cut from different cloth than most of his Art & Ethnics, is used extensively in public has lectured, conducted workshops and dem­ contemporaries. His scholarship is at least as schools throughout the nation as a resource onstrations on African Art, African American solid as that of pure theorists, but it is remark­ on teaching about diversity and art in America. artists, and teaching art to high school stu­ able for its focus on practical issues that domi­ Dr. Grigsby has been affiliated with and held dents throughout the United States and in 13 nate the lives of vast numbers of the poor who leadership positions in numerous professional countries in Africa, South America, the Carib­ still account for the majority of our world's organizations and associations throughout his bean and Australia. people. long and distinguished career. He has been Gene Grigsby received his undergraduate The name of Amartya Sen is as familiar to president of the Arizona Art Education Asso­ education at Morehouse College in Atlanta, students of development economics as Milton ciation; chair of the Consortium of Black Orga­ Georgia. He went on to earn the Master of Friedman is to earlier economics disciplines. nizations and Others for the Arts; chair of the Arts degree from The Ohio State University He is the first significant economist to focus on Artists of the Black Community/Arizona; Chair and the Ph.D from New York University in October 14, 1998 EXTENSIONS OF REMARKS 26361 1963. While in college Grigsby was an art The FBI reported 7,947 hate crimes in 1995, many ministries. Reverend Payton was retired major and a theater minor. He was an active and 11 ,039 in 1996. The vast majority of these from George Washington University as the Di­ participant in the Atlanta University Players as crimes were based on racial prejudice. Only rector of Environmental Services. an actor and as a scenic designer. While at­ · 33 of these cases were prosecuted by the My introduction to Reverend Payton was tending Art School in New York, he was a par­ Justice Department under existing hate crime through his work at the Northern Virginia Bap­ ticipating member of the Rose McClendon laws. However, we also know that hate at­ tist Association (NVBA). The NVBA is an as­ Players as actor and scenic designer and was tacks are chronically under-reported by victims sociation of more than one hundred and twen­ a member of the Langston Hughes' Suitcase and law enforcement agencies. Attacks like ty-five primarily African American churches, Theatre. Grigsby was an apprentice to the the one in Wyoming are probably more wide­ many of which are in my district in the coun­ scenic designer Perry Watkins for the Broad­ spread than we know. ties of Fairfax and Prince Williams, located in way Production, "Mamba's Daughters". He We must do more to prevent these kinds of the Northern Virginia region of the Baptist was a founding member of the Ohio State Uni­ outrages. General Convention of Virginia. Reverend versity Playmakers while attending The Ohio I have cosponsored legislation, HR 3043, to Payton had been a leader in this Association State University. In Phoenix, he became a require colleges and universities to collect and of churches for more than forty years, culmi­ member of the Civic Drama Festival as an report statistics concerning the occurrence on nating his tenure as the fourteenth Moderator actor and scenic designer. campus of crimes arising from prejudice based of this dynamic one hundred and twenty-one­ Grigsby, a 1942 volunteer for World War II, on race, gender, religion, sexual orientation or year-old organization. It was during his stew­ was Master Sergeant of the 573rd Ordinance disability. ardship of the Northern Virginia Baptist Asso­ Ammunition Company under 3rd Army's Gen­ I also have cosponsored HR 3081, which ciation that I came to know and respect Rev­ eral George Patton. He devised the method of would strengthen criminal penalties of those erend Payton. He preached the message of, providing ammunition to the fast moving 3rd who commit violent hate crimes. "Love: the Binding Tie and the Healing Balm," Army from Omaha Beach through France, Many states, including Wyoming, do not during his years as Moderator, 1993-1997. Luxembourg and Germany to the Battle of the even have hate crime laws on the books. My Not only did Reverend Payton preach the Bulge, by issuing ammunition from trucks in­ own state of Indiana has no penalties on the word of his belief from which he drew his stead of unloading it on the ground and re­ books aimed at preventing hate crimes. strength, he was also actively involved in his loading it on to trucks. After the war in Europe These states need to act to do whatever community. An unassuming gentle man, he he wrote, produced and directed a hit musical they can to prevent crimes of hate. believed it to be his duty as a citizen in this comedy for the 573rd Army Battalion with sol­ Here in Congress, let us dedicate ourselves great country to concern himself with the im­ diers from the 572nd · and the 583rd Compa­ to passing strong anti-hate crimes legislation mediate community as well as the broader nies entitled "Two Points Shy". This produc­ before we adjourn this year. community. He had been recognized on many tion entertained soldiers in the German cities We in Congress and the states must do occasions and had been the recipient of nu­ of Furth, Nuremberg and Hamburg among oth­ what we can to focus such attention on hate merous awards because of the warmth of his ers.· It received commendations from the 3rd crimes that it may never be said that we did leadership, spiritual guidance, and dedication Army Commanding Officer. not act to help to prevent this great national to do the Lord's will. Closer to home, Rev­ Gene Grigsby has been a creative dynamo shame. erend Payton was also a dedicated family for all of his adult life. His creative energy and man. talent have helped to train thousands of young He leaves to carry on his good memory, his artists and art educators. He continues to be TRIBUTE TO THE LATE REVEREND loving wife, Margaret, their children-Leroy, a mentor to those who have known and DOCTOR LEROY OSCAR PAYTON Joan, Ravoyne, and Dana; his mother, Mrs. worked with him for over fifty years. Sarah Mack Payton; five brothers, three sis­ Gene Grigsby and his loving and supportive HON. THOMAS M. DAVIS ters and many other relatives and friends. wife of over 55 years-Thomasena-continue OF VIRGINIA Reverend Payton was the epitome of what to reside in Phoenix·, Arizona. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES makes this nation great-he loved his commu­ am happy to count Gene and Tommy Grigsby Wednesday, October 14, 1998 nity enough to care to make a difference in among my friends, and I am proud to salute everyday life, he loved his family, and he the distinguished career of this great artist, are Mr. DAVIS of Virginia. Mr. Speaker, a very loved the Lord. He did not look for any acco­ educator and American citizen. distinguished leader in the Northern Virginia lades. He saw what needed to be done in the and surrounding area, Reverend Doctor Leroy community and did it without seeking recogni­ Oscar Payton passed away on September 28, tion. HATE CRIMES 1998. Northern Virginia is without Reverend Doc­ Reverend Payton, born September 29, tor Leroy Oscar Payton today, but the memo­ HON. JUUA CARSON 1931, was the eldest of nine children born to ries of his strong leadership, moral courage, OF INDIANA the late Reverend Leroy Payton and Mrs. integrity, and devotion to God will live on in IN THE HOUSE OF REPRESENTATIVES Sarah Mack Payton. A native of Orangeburg, our hearts and be an example to follow. South Carolina, he had been active in the min­ Wednesday, October 14, 1998 istry since the age of 17. He was ordained in Ms. CARSON. I rise, Mr. Speaker, to make 1950 and served as an assistant to the pastor TRIBUTE TO COLONEL STEVEN S. a point, all apart from the self-righteous rancor at the Mount Zion Baptist Church in Arlington, HOFFMAN of our recent debates before we go out from Virginia. Reverend Payton held academic de­ here to our homes across the land. I am con­ grees from what was then the District of Co­ HON. JIM SAXTON cerned about some recent horrors in our coun­ lumbia Teachers College, now known as the OF NEW JERSEY try, frightening to Americans of decency every­ University of the District of Columbia, the IN THE HOUSE OF REPRESENTATIVES where. I rise because I think there is some­ Washington Bible College, and George Wash­ thing we can do and because this is the time ington University. Wednesday, October 14, 1998 to start doing it. In 1960, he became the pastor of First Bap­ Mr. SAXTON. Mr. Speaker, I rise to con­ This year, we have seen horrific hate crimes tist Church in Sycoline, Virginia, where he gratulate and pay tribute to Colonel Steven S. committed against innocent men. One man in served the community and congregation for Hoffman as he retires from the United States Texas was brutally dragged behind a pickup seven years. In 1967 he was called to the Air Force following 28 years of outstanding truck to his death merely because of the color Chantilly Baptist Church, Chantilly, Virginia, military service. During his distinguished ca­ of his skin. where he faithfully served thirty years as pas­ reer, Colonel Hoffman has served his country, Another young man was savagely beaten to tor. Under the leadership of Reverend Payton, the U.S. Air Force, and the community of death in Wyoming because of his sexual ori­ Chantilly Baptist Church, which is place of McGuire Air Force Base with distinction and entation. This was the third attack he had suf­ worship to a number of my constituents, has honor. fered in recent months because of his orienta­ grown from a small rural congregation to a Since July 1996, Colonel Hoffman has been tion. present day modern suburban church with the Director of Staff and Inspector General at 26362 EXTENSIONS OF REMARKS October 14, 1998 the 305th Air Mobility Wing, McGuire Air Force people of this country and around the world. novative transportation leadership. I am proud Base, New Jersey, a responsibility that cannot His leadership was soon recognized within the to mark this occasion with his family, friends, be overestimated nor underappreciated. It is labor movement and led him to speak on be­ and colleagues on November 30, 1998 as we during this period that I have gotten to person­ half of workers rights throughout the Americas. celebrate his truly remarkable accomplish­ ally know and appreciate Steve's professional His advocacy on behalf of better pay, com­ ments. integrity and positive outlook. As the Director pensation, benefits and conditions for workers Carney Campion is widely recognized as a of Staff, Steve directed and supervised the led to his involvement in the broader commu­ transportation pioneer in his service to Califor­ daily operational activities of 17 wing staff nity by starting a community development cor­ nia's North Coast. As the eighth General Man­ agencies. In his other role as the Inspector poration in East Los Angeles which grew into ager of the Bridge District, Carney success­ General, he was responsible for a base popu­ one of the largest anti-poverty agencies in the fully balanced a comprehensive transportation lation of over 11 ,000 personnel with resources nation. plan that effectively kept the North Coast over $1.1 billion and an annual budget ex­ Fortunately his international diplomacy and linked to San Francisco. Due to Carney's ceeding $250 million. Steve excelled under a economic development abilities were recog­ strong leadership skills he was able to adapt high operations tempo requiring his leadership nized by President Jimmy Carter. In 1976, the changing needs of our communities to the and dedication at McGuire Air Force Base. Congressman TORRES answered the call of needs of individuals. He reduced automobile A native of Shandanken, New York, Steve the President, and served as Ambassador to traffic and congestion, while protecting the en­ entered the Air Force in 1970 through the Re­ the United Nation's Education, Scientific and vironment with efficient and reliable alter­ serve Officer Training Corps and earned his Cultural Organization and later as Special As­ natives such as buses and ferries. pilot wings as a KC-135 pilot at Laredo Air sistant to the President for Hispanic Affairs. Carney's career accomplishments are many. Force Base, Texas. Although initially trained Seeing an opportunity to serve as an elect­ Among the most noteworthy are the develop­ as a pilot, Steve sought early in his career to ed official, we should all be grateful that in ment and modernization of the unified bus and · work with people and improve the personal 1982 Congressman TORRES won a seat in this ferry system; the implementation of the Dis­ and professional relationships within the Air House, and has honorably served in the trict's public awareness, environmental health Force. In addition to his piloting, his tours in House of Representatives for the past 15 and public safety program; the purchase of the the Air Force included positions in Public Af­ years. abandoned Northwestern Pacific Railroad fairs, Operations, Plans and Security, Air Since coming to this legislative body' he has right-of-way from Novato to Willits for vital fu­ Force Liaison Officer and Commander/Pub­ worked to improve the quality of life for all ture rail service; and his fervent commitment lisher of the European Stars and Stripes. Americans by bringing greater job opportuni­ to the seismic safety of the Golden Gate Steve's devotion to country and the Air ties, protecting consumers, and cleaning up Bridge. Force is evidenced by the awards he has so the environment. He has taken a lead role in Carney has been instrumental in the ad­ richly earned. These awards include the De­ bills impacting Trade, Banking, Crime, Hous­ vancement of electric toll collection systems fense Superior Service M~dal, Meritorious ing, and Economic Development. Throughout, on bridges throughout the world. As a long Service Medal with two oak leaf clusters, Air he has been a powerful voice for minorities time advocate of North Coast transportation Medal and the Air Force Commendation and the working people of the United States. matters, he served as Past President to the Medal with one oak leaf cluster. His committee assignments on Appropria­ Board of Directors on the Electric Toll and Col. Hoffman, his lovely wife Joyce and their tions and Banking and his leadership position Traffic Management Task Force, and Vice two daughters, Jessica Marie and Jennifer as Deputy Democratic Whip reflect his tremen­ Chair to the International Task Force of the Gabrielle will soon begin a new life in his dous ability to bring together diverse interests International Bridge, Tunnel, and Turnpike As­ hometown in New York. I know I speak for the and work toward common goals. Moreover, as sociation. In his many impressive civic en­ entire McGuire community in wishing Steve Chairman of the Congressional Hispanic Cau­ deavors, Carney has served as Secretary, and his family the very best as they leave the cus, he set a high standard for addressing the Treasurer and Vice President to the Press U.S. Air Force. I offer my personal thanks and important issues of the growing Hispanic pop­ Club of San Francisco during his 35 years of the thanks of an appreciative nation as he be­ ulation. membership. He was also Vice President of gins a new chapter in his life. Congressman TORRES is a person who has the Marin Forum, and Director of the YMCA/ always provided me with invaluable guidance Marin and the Marin Theatre Company. and support. I will always appreciate his ef­ Mr. Speaker, it is my great pleasure to pay TRIBUTE TO THE HONORABLE forts to improve conditions along the United tribute to Carney Campion. The North Coast ESTEBAN TORRES States-Mexico border which is so important for owes Carney Campion a great deal of grati­ my community. tude for his tireless efforts throughout his 23 SPEECH OF He is a true champion of the people, a years of public service at the Golden Gate HON. SILVESTRE REYES friend, and someone whose departure will be Bridge District. I extend my hearty congratula­ OF TEXAS greatly felt in this legislative chamber. His tions and best wishes to Carney, his wife IN THE HOUSE OF REPRESENTATIVES work on behalf of the 34th Congressional dis­ Kathryn of 45 years, his six children, and ten trict of California was tremendous, and his grandchildren for continued success and joy in Tuesday, October 6, 1998 constituents can always be proud of the dif­ the years to come. Carney Campion will be Mr. REYES. Mr. Speaker, I rise to celebrate ference his tenure made for their community. missed, and remembered. the accomplishments and friendship of Con­ I wish him well in his future pursuits as I know gressman ESTEBAN TORRES who will be retir­ that he will remain engaged and active in ing from the House of Representatives at the working to bring greater opportunities for TRIBUTE TO MS. MARY TULLIS end of this session. He is truly an inspirational Americans everywhere. leader who will leave this legislative body with HON. BENNIE G. THOMPSON the respect and admiration of his colleagues. OF MISSISSIPPI TRIBUTE TO CARNEY CAMPION His life story reflects the value of hard work IN THE HOUSE OF REPRESENTATIVES and determination. Growing up the son of Wednesday, October 14 , 1998 Mexican immigrants during the depression, he HON. LYNN C. WOO~EY has remained a humble and dignified indi­ OF CALIFORNIA Mr. THOMPSON. Mr. Speaker, I rise today vidual. He has never forgotten his roots nor IN THE HOUSE OF REPRESENTATIVES to commend Ms. Mary Tullis of Rosedale, Mis­ the sacrifices made by his parents and their sissippi. Ms. Tullis is a shining example for generation in speaking out for all Americans. Wednesday, October 14, 1998 both recipients of public assistance and gov­ After serving in the United States Army as Ms. WOOLSEY. Mr. Speaker, I rise today to ernment policy . makers of the ability for hard­ a Korean War conflict veteran, his military honor one of my Congressional District's very working people to escape welfare when pro­ service was just the beginning of a life of serv­ dedicated individuals, Carney Campion. Car­ vided with the proper community support. ice. Working as an auto plant worker, he be­ ney is being honored as he retires from the No longer requiring public assistance, Ms. came a labor leader throughout the 1960's Golden Gate Bridge, Highway and Transpor­ Tullis was recently awarded a "Success Story and ever since has stood up for the working tation District after 23 years of successful in- Award" by the United States Small Business October 14, 1998 EXTENSIONS OF REMARKS 26363 Administration. She is now serving as a stu­ In 1995, 12.2% of Medicare's 35 million between 135 and 175% of poverty. This benefit dent assistant for the Center for Community beneficiaries were at or below 100% of the is estimated to be worth $1.07/month per ben­ Development, which is cosponsored by the Federal Poverty Level (FPL}, 6.2% were be­ eficiary. SBA and the Small Business Development tween 100% and 120% FPL, and 4.9% had in­ Part B premiums cost $43.80/month equal­ ing $525.60/year. Center at Delta State, and will be applying for comes between 120% and 135% FPL. Despite a position as a graduate assistant in the 1999 their dual eligibility for both Medicare and Spring Semester. Medicaid, health care spending averaged WOMEN'S HEALTH RESEARCH AND Ms. Tullis has been attending Delta State roughly 30% of their total family income. University for the past 3 years and will grad­ PREVENTION AMENDMENTS OF The programs that Congress designed to 1998 uate with a major in Sociology in December. protect low-income beneficiaries from unrea­ She is on the Dean's List and has been sonable out-of-pocket costs-the Qualified SPEECH OF named a Faculty Scholar. Once in graduate Medicare Beneficiary (QMB), Specified Low­ school, Ms. Tullis hopes to write her thesis on Income Beneficiary (SLMB), and Qualified In­ HON. EDOLPHUS TOWNS matters relating to "Welfare, Women and Edu­ dividuals (QI-1 and Ql-2} programs-are no­ OF NEW YORK cation: Attaining and Sustaining Financial torious for having poor enrollment of eligible IN THE HOUSE OF REPRESENTATIVES Independence." Medicare beneficiaries. Tuesday, October 13, 1998 Ms. Tullis sets an example not just as a A recent report by Families USA found that dedicated worker, but also as a superb parent. nationwide, roughly 3.5 million Medicare bene­ Mr. TOWNS. Mr. Speaker, I rise today in She is 47 years old, single, and a mother of ficiaries are eligible for QMB, SLMB & Ql-1 strong support of S. 1722, The Women's 11 children ranging from 9 to 32 years old. benefits but are not receiving them. The report Health Research and Prevention Amendments Five of her children are in college, one is on highlighted that Washington State was the of 1998. This legislation is a positive step in scholarship at Yale University and another is 1Oth worst state at enrollment with roughly the right direction towards prioritizing research almost a senior on scholarship at a boarding 100,000 eligible beneficiaries not covered­ and prevention in regards to women's health. school in New England. Two of her children costing WA low-income beneficiaries $55 mil­ This timely legislation increases Congress have already received degrees, one in Nursing lion alone in lost Social Security benefits. support of research which will clearly benefit a and the other in Law and Economics. The lost Social Security benefits are attrib­ segment of the population often relegated to a In addition to her individual achievements, utable to eligible seniors having their part B "second place" status in research. For too Ms. Tullis has unselfishly sought to assist premiums automatically deducted by Medicare long, research on men has been extrapolated other public assistance recipients in following from their Social Security checks each month to women especially in the area of cardio­ her course. A volunteer for numerous commu­ even though they are eligible for one of the vascular disease. It is time for Congress to ac­ nity services, she has recently been selected existing income protection programs. The loss knowledge the lack of strong and complete re­ to be a member of the Americorps Delta Serv­ of $43.80 month/$525.60 year is tremendous search on women's health issues, and do ice Corps. Her work in the Delta Service to a Medicare beneficiary whose income hov­ something about it. The question should no Corps will include educating . and promoting ers around $8,000 to $9,000 a year. longer be when, the question should be, shall community awareness in the values of being a The reasons for poor enrollment vary, so we do it today? This legislation is our oppor­ volunteer, and she will also assist in creating rather than dwell on our collective failure, we tunity to tell the women of America that we the Community Service Projects and Signature propose action to fix the problem. Our legisla­ recognize their unique health problems and Projects to locate resources which can be tive solution simply would presumptively enroll want to advance plans to combat them. used for further development. eligible Medicare beneficiaries in the appro­ The bill expands research and education in Mr. Speaker, I commend Ms. Tullis for her priate QMB or SLMB protection program-en­ areas such as; breast, ovarian and related outstanding achievements, and I would also rolling as close to 100 percent of eligibles as cancer, osteoporosis, Paget's and other bone like to complement Delta State and all the possible. diseases. These diseases · have devastated community service organizations which pro­ As Congress and the National Commission many women, but this legislation allows us to vided her with support in her persistent drive on the Future of Medicare struggle to reform continue to elucidate their pathogenesis, treat, towards independence. Together they are a the Medicare program, we need to keep an and most importantly possibly prevent these model of what can be achieved in this nation open mind about how we can do more to im­ diseases. The importance of the education through community support and individual ef­ prove, rather than harm, the program. and early detection programs this legislation fort. Presumptively enrolling current Medicare eli­ extends should not go unnoticed. Education is gibles for existing low-income protections one of the most powerful keys to empowering would be a good start. My hope is that in addi­ women with regards to their health. It also re­ INTRODUCTION OF THE QMB tion to making this necessary improvement, IMPROVEMENT ACT OF 1998 moves the social isolation so many of these the next Congress and the Commission also ailments may create. In addition S. 1722 will will consider other options to enhance the low­ help women to be aware of preventative HON. JIM McDERMOTT income protections such as simplification health programs and support groups designed OF WASHINGTON through federalization and modernizing its eli­ to assist them in their time of need. IN THE HOUSE OF REPRESENTATIVES gibility, income, and asset test criteria. Mr. Speaker, I strongly urge my colleagues Wednesday, October 14, 1998 MEDICAID PROTECTIONS FOR LOW-INCOME on both sides of the aisle to join me in an aye Mr. McDERMOTT. Mr. Speaker, today Mr. MEDICARE BENEFICIARIES vote for this legislation. As I stated earlier the STARK and I introduced legislation that will dra­ QMB: Qualified Medicare Beneficiaries eli­ question is not when will we do it, the question matically improve the Medicare program for its gible for financial assistance covering Medi­ is will we do it today? low-income beneficiaries. If passed, our legis­ care premiums, deductibles, and copayments lation will ensure that Medicare beneficiaries for singles/couples at or below 100% of pov­ eligible for existing income protections actually erty-$8,2921$11,100 year. IN SUPPORT OF THE PASSENGER SLMB: Specified Low-Income Medicare SERVICES ENHANCEMENT ACT receive the benefits they deserve. Beneficiaries eligible for Part B premium as­ The current Medicare program places many sistance for singles/couples between 100 & SPEECH OF beneficiaries at risk due to the inadequacy of 120% of poverty-$9,900/$13,260 year. its benefit package. Specifically, Medicare's QI-1: BBA '97 allows Qualified Individuals HON. JIM RAMSTAD high out-of-pocket costs for "covered services" to apply for block grant assistance to pay for OF MINNESOTA Part B premiums if the single/couple's in­ and its failure to cover the cost of prescription IN THE HOUSE OF REPRESENTATIVES drugs and long-term care can seriously erode come is between 120 and 135% of poverty­ a beneficiary's total family income. Addition­ $11,1121$14,892 year. Friday, October 9, 1998 QI-2: BBA '97 allows Qualified Individuals ally, as Congress continues to push all bene­ to apply for assistance to pay for the portion Mr. RAMSTAD. Mr. Speaker, I rise in sup­ ficiaries into Medicare managed care, many of the Part B premium increase caused by port of this bill before us today to provide for more low- and moderate-income beneficiaries transfer of Home Health Services from Part the continuation of preclearance activities for will face increased financial risks. A to Part B if the single/couple's income is air transit passengers. 26364 EXTENSIONS OF REMARKS October 14, 1998 I want to thank Mr. CRANE and Mr. SHAW for Venture also operated 15 group homes for In summary, the life and career of Kathy Lu­ working with me on this important legislation the challenged, affording them with a venue to kens is that of a truly unique lady who distin­ to help facilitate the services Customs pro­ conduct productive, normal lives. Over 1,000 guished herself in more facets than most other vides to process the massive amounts of peo­ individuals are served today by the programs people: an outstanding teacher, journalist, au­ ple and products entering and existing our Kathy Lukens initiated. thor, humanitarian, care giver and mother, country. Kathy Lukens was born on Jan. 5, 1931, in Kathy Lukens was a renaissance person, who This bill, which is similar to legislation Mr. Philadelphia, PA, the daughter of Joseph and remained humble and unassuming regarding CRANE and I introduced last April, would allow Margaret Burge. She lived in Philadelphia be­ her own remarkable accomplishments. Those the Customs Service to access funds in the fore moving to New Jersey when she was 13 of us who had the honor of knowing and lov­ User Fee Accounts and enhance inspector years old, attending elementary schools in ing her were well aware that this modest lady staffing and equipment at preclearance service Edgewater and Bergenfield. was in fact one of the more remarkable per­ locations in foreign countries. Kathy attended Columbia University's grad­ sons we would ever encounter. This is significant because if U.S. Customs uate program and in 1952 graduated from It is of some small gratification that Kathy eliminates these positions, preclearance for Barnard College with distinction and a bach­ remained with us long enough to see the new passengers to the United States will slow, elor of arts degree in history. Center for Adult Living and Day Treatment travel will be disrupted, and the tourism indus­ Kathy married Dr. John H. Lukens, a clinical Center in Sparkill named in her honor. It is a try in many states will suffer. Allowing the psychologist, in Bergenfield, NJ, in Sept. 1954. fitting tribute to this lady who gave so much preclearance services to continue means a They moved to Rockland County in 1958, set­ for so many others. great deal to many employers in my district, tling in Tappan. We extend our deepest condolences to her like Northwest Airlines and all those affiliated Kathy was first employed as an elementary widower, John, who for 44 years was truly her with the Mall of America-which attracts more school teacher and as a newspaper reporter partner in goodness. We also extend our sym­ visitors each year than Disneyworld, for ·the Bergen Record in New Jersey and the pathies to her son, Daniel, who has now taken Graceland and the Grand Canyon combined. Rockland Independent and the County Citizen, over the operations of camp venture, her son The Customs Service has said there are in­ both in Rockland County, prior to establishing David, who inspired her to dedicate her life to sufficient resources in its salaries and ex­ camp venture in 1968. others her son Mark who duplicated much of penses account to fund the enhanced Kathy was the author of two books: Thurs­ her work by helping found Crystal Run, a simi­ preclearance positions. This bill gives access day's Child Has Far To Go (1969} and Song lar facility in Orange County, and her son Jon­ to excess funds in the User Fee Account, of David (1989). Her early career encom­ athan. without any additional cost to taxpayers. Act­ passed an amazing amount of volunteer work. We extend our condolences to her daughter ing-Commissioner Banks testified before our She co-founded the Tappan Zee Nursery Margaret and to her nine grandchildren. Ways and Means Committee in support of our School in 1959 and served as president of the We also extend condolences to the thou­ earlier version of the legislation, and the airline Lockhart Nursery School in 1964. sands of individuals and their families whose industry supports it as well. In 197 4, Kathy Lukens founded the Child lives were touched and made better by this I appreciate how quickly the House has rec­ Advisory Council of the Rockland County Leg­ exceptional lady. ognized the merits of this iegislation and al­ islature. She founded and was president of the Kathy Lukens, who left us too prematurely, lowed us to bring it to the floor today. I urge Rockland County Exceptional Child Parent will long be missed. my colleagues to join me in support of this Teacher Association in 1958; was chair of the critical bill. Rockland County Community Service Board THE SMALL BUSINESS FRANCHISE from 1991 to 1997, and was vice chair from ACT OF 1998 1982 to 1985; was chair of the district plan­ KATHLEEN LUKENS- A LIVING ning focus group of the Letchworth transition SAINT group from 1995 to 1997; and the Board of Di­ HON. HOWARD COBLE rectors of the New York ·Foundling Hospital OF NORTH CAROLINA HON. BENJAMIN A. GILMAN from 1985 to 1990. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Kathy Lukens was very active in the anti-nu­ Wednesday, October 14, 1998 IN THE HOUSE OF REPRESENTATIVES clear movement in the 1960's, and was a par­ Mr. COBLE. Mr. Speaker, I rise today to in­ Wednesday, October 14, 1998 ticipant in the famous march on Washington in troduce the Small Business Franchise Act of Mr. GILMAN. Mr. Speaker, it is with deep 1963, at which Martin Luther King, Jr. gave his 1998. regret that I inform our colleagues of the pass­ famous "I have a dream" speech. Franchise businesses represent a large and ing of Mrs. Kathleen Lukens, a resident of Kathy was the first women elected to the growing segment of our nation's retail and Rockland County, NY, late last night. U.S. Catholic Bishop's Advisory Council in service businesses and are rapidly replacing Kathleen Lukens is a lady for whom the title 1973 and co founded the Rockland County more traditional forms of small business own­ "living saint" was exceptionally appropriate. Catholic Interracial Council in 1963. ership in our economy. As a result, franchise She was the personification of the giving, lov­ Kathy Lukens received honorary degrees owners have become the heart and soul of ing person who are so rare in today's world. from the College of New Rochelle, from Long America's economic engine and the backbone She served as an inspiration for many and will Island University, St. Thomas Aquinas College of local commerce. In fact, according to the not soon be forgotten. and the Dominican College. She was named International Franchise Association, a new A recent editorial stated that: "Kathy Lukens outstanding woman in Rockland County by the franchised outlet opens every eight minutes is the mover of every developmentally dis­ Association of the American Society of and the industry gave birth to tens of thou­ abled child, so committed has she been to Women. sands of new jobs in the last year alone. showing Rocklanders and others they need In 1984, Kathy Lukens was named 'woman The franchisor/franchisee relationship is fun­ not offer 'pity' but recognize that these people of the year' in New York State by Governor damentally an economic one where the objec­ are 'gifts to us'." Cuomo. Later that same year, the Governor tive of each party is to make money. By pur­ In the mid 1960's, Kathy Lukens became an bestowed upon her the Eleanor Roosevelt chasing a franchise, a franchisee can sell activist in order to help her own son, David, Community Service Award. goods and services that have instant name who was developmentally impaired. Her move­ Lukens was appointed in 1985 to the New recognition, while the franchisor can increase ment grew by leaps and bounds, due in good York State Advisory Council on Mental Retar­ market access with little or no risk. However, part to her energy and dedication. She first dation and Developmental Disabilities. Gov­ buyers should beware-like any investment, created a day care program specifically for ernor Pataki appointed her to the Provider purchasing a well-known franchise is no guar­ children with developmental disabilities, and Council of New York in 1996. antee for success. As I have studied this then became founder and first president of the Among the major achievements of Kathy issue, I have come to realize that there is an Exceptional Child P.T.A. She established Lukens' life was the establishment of camp uneven playing field for the small business camp venture in 1969, the first all day summer venture. She understood that those in our so­ person looking to become a franchise owner. camp program for the disabled. Today, it is ciety who could not help themselves needed For instance, while pre-sale disclosure infor­ open to all children. our time, our efforts, our energy and our love. mation must be made available to the buyer October 14, 1998 EXTENSIONS OF REMARKS 26365 by the corporate franchisor, post-sale opportu­ ness franchisees across our nation. This legis­ modernization and class size reduction legisla­ nities to pursue recourse for presentation of lation, like the Automobile Dealers Day in tion is vital to enabling local school districts to misleading or false information in the pre-sale Court Act and the Petroleum Marketing Prac­ renovate and modernize their existing facilities negotiations are inadequate. I am introducing tices Act, rights the imbalance that has existed as well as to build new classrooms that will this legislation because I believe this gross in­ for too long in the franchisor/franchisee rela­ enable them to effectively address rising equity needs to be addressed. tionship. school enrollments. Under present regulations, small business Recognizing that it is too late to act on this According to the General Accounting Office, franchise operations are subject to the Federal legislation during the 105th Congress, I am our neighborhood schools are sorely. in need Trade Commission's {FTC} trade regulation hopeful that the 106th Congress will address of $112 billion to repair or upgrade dangerous rule. The FTC issued this rule, entitled the this matter and ensure that this important seg­ and substandard school facilities. In fact, 60 "Disclosure Requirements and Prohibitions ment of the small business world will remain percent of the Nation's public schools have at Concerning Franchising and Business Oppor­ viable for future generations. least one major building feature in complete tunity Ventures" on December 21, 1978, and disrepair. under the Federal Trade Commission Act. The Before the 105th Congress adjourns, we FTC rule requires franchisors to give prospec­ WAIVING REQUIREMENT OF must work to address these and other prob­ tive franchise purchasers financial details CLAUSE 4(b) OF RULE XI WITH lems associated with critical funding needs for about the business and explain the arrange­ RESPECT TO CONSIDERATION OF school modernization and class size reduction. ments in the franchise agreement. Well inten­ CERTAIN RESOLUTIONS RE­ The Democratic education proposal provides tioned as this prospectus requirement is, as PORTED FROM COMMITTEE ON Federal tax credits to pay the interest on $22 the old saying goes, "the devil is in the de­ RULES billion in bonds for the modernization or con­ tails," and I am afraid that much of this pre­ struction of more than 5,000 schools across SPEECH OF sale information, while detailed, may be very the country. It also assists local school dis­ misleading. After hearing many horror stories HON. LOUIS STOKFS tricts in hiring an additional 100,000 qualified from franchise owners about the inaccuracy of OF OHIO teachers and reduce class size in grades one pre-sale disclosure, I must question the reli­ IN THE HOUSE OF REPRESENTATIVES through three. At a time when the Nation's ability of this information. In fact, there are no public schools are experiencing record school Saturday, October 10, 1998 current protections to ensure that this informa­ enrollment, and many teachers in the early tion is relevant and accurate. The FTC, the Mr. STOKES. Mr. Speaker, I rise in strong grades have classes at large as 36 students, regulatory body with oversight responsibility, opposition to the martial law resolution, H. this effort is absolutely essential. does not even review this material for accu­ Res. 589. This measure waves the one-day It is for these reasons that I urge my col­ racy as say the Securities and Exchange layover requirement, guaranteed by House leagues to join me in opposing the martial law Commission must when a private company rules, and allows any appropriations bill, ap­ resolution. It is time to stop playing games. readies itself for a public stock offering. propriations. conference report or continuing We must get to work and enact legislation that The FTC enforces the franchise rule as part resolution to be brought to the floor for a will benefit all of our Nation's children and en­ of its consumer protection mission. However, vote-today and for the remainder of the sure that they have access to quality public FTC enforcement is definitely lacking. Under 105th Congress. This is yet another attempt school education. current rules, franchisees do not have the right by the Republican majority to prevent critical Vote no on H. Res. 589 to sue franchisors for violations of the fran­ Democratic proposals from being brought to chise rule. The FTC brings suit only on behalf the floor for consideration. of the federal government, not as a represent­ In spite of the fact that the fiscal year is AGRICULTURE'S UNFINISHED ative of individuals who may have been ad­ over, the Republican Congress has failed to BUSINESS versely affected. In July 1993, an audit by the complete the regular business of the House, General Accounting Office found that the FTC including: Passing a budget resolution and HON. JERRY MORAN acted on less than six percent of all franchise concluding action on several appropriations OF KANSAS complaints brought to its attention. bills. ' IN THE HOUSE OF REPRESENTATIVES Because of the FTC's inability to review Rather than legislating, House Republicans more franchise complaints, the FTC recently have focused their efforts on investigating. In Wednesday, October 14 , 1998 approved a plan to allow the largest corporate fact, over the last four years, House Repub­ Mr. MORAN of Kansas. Mr. Speaker, I rise franchisors to self-regulate their own indus­ licans have spent more than $17 million on today on behalf of America's farmers and tries. Under this program, violators of fran­ more than 50 politically-motivated investiga­ ranchers. Agricultural producers make up only chise disclosure laws could avoid federal en­ tions in the House. They have shown very lit­ two-percent of the U.S. population, yet they forcement proceedings by attending what tle interest in creating positive legislative ac­ are productive and efficient enough to safely amounts to an industry-run reform school that complishments that would benefit our Nation's and inexpensively feed this country and much it intended to teach franchisers how to comply working families. And, they have wasted valu­ of the rest of the world. Our agricultural pro­ with disclosure rules. And adding insult to in­ able time on promoting excessively partisan duction system is the envy of the world, but jury, if the corporate violator completes this issues. we cannot take it for granted. program, they do not have to report the infrac­ Earlier this year, congressional Democrats Mr. Speaker, farmers and ranchers work tion on disclosure documents available to pro­ joined the administration in introducing a com­ hard for us. Tonight I call on Congress and spective small business franchisees. Mr. prehensive education proposal-which in­ the President to return the favor. Chairman, I venture to say that this FTC ruling cludes school modernization and class size re­ Agriculture is different than other U.S. indus­ threw full disclosure and due diligence for fu­ duction initiatives. These efforts are critical to tries. It is a sector that is at the whims of both ture franchise owners right out the window. ensuring that students across the United government policies and the global economy. In the past 20 years, there has been tre­ States are prepared for the twenty-first cen­ Unfortunately, neither one of these influences mendous change in the franchising industry, tury. However, House Republicans have con­ are controlled by the Kansas farmer. The col­ and as a result, I believe it is time for Con­ tinuously blocked this legislation from being lapse of the Asian economy has beaten down gress to review the franchise rule and level considered on the floor. Instead, they have prices like a hailstorm ripping across the Kan­ the playing field for the thousands of small supported anti-public school initiatives such as sas plains. According to the U.S. Treasury De­ business owners who invest in franchise oper­ school vouchers and budget cuts in essential partment, Kansas' agricultural exports to Asia ations. The legislation that I introduce today, education funding. have fallen by 20%. Through no fault of their along with my distinguished colleague from Mr. Speaker, recent polls indicate that the own, Kansas farmers will miss out on over $2 Michigan, Congressman JOHN CONYERS, ad­ American voters are primarily concerned with billion in farm income due to lost markets and dresses the fundamental and necessary safe­ improving public education in this country. low prices. We need to take action, not just for guards that this industry so desperately needs. However, the Republican 105th Congress has today, but for the next generation. I believe that the safeguards provided by this failed to act on legislation that would help to In the short-term, the most important issues legislation level the playing field for small busi- improve our Nation's public schools. School is the disaster relief bill for agriculture. This bill 26366 EXTENSIONS OF REMARKS October 14, 1998 passed both the House and Senate, only to be Second, the bill establishes a Natural Re­ DANTE B. F ASCELL NORTH-SOUTH vetoed by the President. The passage of this sources Recovery Fund. This Fund will aid us CENTER ACT OF 1991 legislation could not be more timely or impor­ in paying for restoration of fish and wildlife in tant. The price decline, combined with the the Columbia Basin, the fish mitigation and SPEECH OF weather and transportation problems, has left enhancement requirements of the Northwest HON. AMO HOUGHTON many farmers and ranchers in dire straits. Power Act, and the water quality standards OF NEW YORK Congress and the President need to put aside under the Clean Water Act. Funding would IN THE HOUSE OF REPRESENTATIVES their differences to pass a meaningful relief come from a 3 mills/kilowatt hour charge on all bill. retail power sales in the northwest. Monday, October 12, 1998 In the long-term, removing sanctions and Third, this bill provides accountability. The Mr. HOUGHTON. Mr. Speaker, I rise today foreign subsidies must be a to priority for Con­ bill provides for an improved accounting sys­ to applaud the University of Miami for naming gress. I am pleased that a bill to limit agri­ tem for BPA expenditures, based upon GAO the North-South Center after one of their most culture embargoes has passed the House. recommendations. Under these provisions, esteemed graduates and one of the greatest This bill should be approved by the Senate Treasury repayments are met; WPPSS debt Members of Congress to sit in this chamber­ and sent to the President for him to sign into obligations are met; costs for flood control, Dante Fascell. law. Congress should then focus on repealing navigation, power generation, irrigation, and My experience with Dante really started sanctions that currently damage our producers fish & wildlife are independently assessed and when I joined the International Relations Com­ and work to ensure that new sanctions are reported; and accounting records are made mittee in 1988. Dante was Chairman. He was done only as a measure of last resort, and not publicly available. always fair, even handed, and very knowl­ a knee-jerk reaction to the problem of the day. Finally, this legislation creates a cost recov­ edgeable in all matters of international rela­ If this is going to be a global agricultural econ­ ery mechanism that would give BPA author­ tions-especially on issues pertaining to the omy, we in the U.S. have to give our farmers ization to adjust the rates of its customers up U.S.-Latin America relationship. That's why I a chance to sell and market around the globe. to the market rate. feel that naming the Center after Dante is par­ Subsidies must also be addressed. The Ex­ At this critical time for salmon in the North­ ticularly appropriate. port Enhancement Program, one of our only west, bold steps are needed to ensure that Dante Fascell has contributed so much to programs available to promote agriculture ex­ these fish do not go extinct. I know that my the North-South Center, the University of ports, has been left unused since I arrived in colleagues continue to lead the fight to protect Miami, the Congress, the Nation, and the exports, an increase of 300%. The U.S. is still salmon and restore the greatness of these world. I'm so glad that he's been honored so being out spent by nearly $7 billion by the Eu­ Northwest icons after I'm gone. appropriately. I think I speak for everyone, Mr. ropean Union. To do nothing is the worst re­ Speaker, when I say that we all miss him sponse possible. We cannot afford to stand by dearly. while our competitors take away markets by using aggressive government subsidies. DANTE B. F ASCELL NORTH-SOUTH Mr. Speaker, we owe a lot to the American CENTER ACT OF 1991 TRIBUTE TO SPOTTSWOOD W. farmer. Working together on their behalf is the ROBINSON, III least we can do. It is time to act. SPEECH OF HON. E. CLAY SHAW, JR. HON. EUJAH E. CUMMINGS OF MARYLAND THE NORTHWEST SALMON OF FLORIDA IN THE HOUSE OF REPRESENTATIVES RECOVERY ACT OF 1998 IN THE HOUSE OF REPRESENTATIVES Wednesday, October 14, 1998 Monday, October 12, 1998 HON. ELIZABETH FURSE Mr. CUMMINGS. Mr. Speaker, I rise today Mr. SHAW. Mr. Speaker, I rise today in sup­ OF OREGON to recognize Spottswood W. Robinson, Ill. port of H.R. 4757, a bill to" name the North­ IN THE HOUSE OF REPRESENTATIVES Judge Robinson died in his Richmond, Virginia South Center after our for.mer colleague, home on Sunday, October 11, 1998. He was Wednesday, October 14 , 1998 Dante Fascell. 82 years of age. Ms. FURSE. Mr. Speaker, as the entire It is fitting that Congress is naming the Spottswood W. Robinson, Ill was a federal country knows, the Pacific Northwest enjoys North-South Center, which Dante helped appeals judge, law school dean, civil rights at­ significant benefits from federal power through found, in his honor. During his long and distin­ torney, husband, father, son, friend, and the Bonneville Power Administration. As I guished career in the House, Dante used his HERO. The world is less one phenomenal in­ have advocated throughout my career, the position as chairman of the Foreign Affairs dividual, and I rise because I must pay tribute Northwest also needs to be able to meet all of Committee to promote understanding and co­ to his life and his many accomplishments. As the public obligations associated with these operation between nations of the Western a Howard University Law School graduate, I benefits, including restoring fish and wildlife, Hemisphere. To advance this view, in 1984 was inspired by those civil rights giants who meeting tribal treaty and trust obligations, and Dante helped establish the North-South Cen­ also inspired and taught Judge Robinson. It is paying the U.S. Treasury. ter, located in' Miami. This educational institu­ upon the back of Judge Robinson on which I I come to the floor today to introduce legis­ tion helps promote better relations between rise. lation that will give the Northwest region new the United States and the other nations of the A graduate of Virginia Union University in tools to deal with anticipated changes in the Western Hemisphere through cooperative Richmond, Judge Robinson entered the How­ utility industry, and new tools to promote salm­ study, training and research. Today, the North­ ard Law School in 1936, at age 20. His arrival on recovery and renewables conservation. South Center plays an essential role in the came at a time when Charles Hamilton Hous­ This bill, the Northwest Salmon Recovery conduct of American diplomacy. ton, a pioneering black lawyer, was building Act of 1998, includes the following provisions Mr. Speaker, one of Chairman Fascell's top the law school into a think tank for civil rights. to help the region get on track with its con­ priorities in Congress was to promote closer According to U.S. Court of Appeals Chief servation responsibilities: relations among our allies in this hemisphere. Judge Harry Edwards, "Robinson graduated First, a Unified Plan for Fish and Wildlife. Dante was also a tireless fighter against tyr­ from Howard Law School with what is still re­ Under this bill, the Secretary of the Interior will anny and oppression in Latin America and the puted to be the highest scholastic average in be responsible for overseeing the develop­ Caribbean. Since the North-South Center is the school's history." He received his law de­ ment of a unified plan for salmon recovery in essentially carrying on Dante's work, it is fit­ gree in 1939 from Howard, magna cum laude. the Pacific Northwest. The plan will have as its ting that this organization be named in his Originally planning to return to practice law goal to restore harvestable, sustainable fish honor. I hope the naming of the North-South with his father in Richmond, he accepted a and wildlife populations in the Columbia Basin, Center will remind future generations, and es­ two-year teaching fellowship at Howard, consistent with the ESA, the NW Power Act, pecially South Floridians, the gratitude we owe which, due to World War II, turned into eight the U.S.-Canada Pacific Salmon Treaty, and Dante Fascell for his tireless efforts. years. In 1941, Oliver W. Hill, Martin A. Martin the Clean Water Act. I urge my colleagues to support H.R. 4757. and Spottswood W. Robinson Ill formed the October 14, 1998 EXTENSIONS OF REMARKS 26367 law firm of Hill, Martin and Robinson. Mr. Rob­ black to serve as a judge of the U.S. Court of Walt Disney knew a good thing when they inson taught full time and practiced law part Appeals for the District of Columbia and, was saw it. Diane has immersed herself in the non­ time. chief judge of the appellate panel from 1981 profits associated with the industry which ad­ Mr. Robinson became a full-time lawyer in until 1986. vocate a larger inclusion of Hispanics in Holly­ 1947. The law firm of Hill, Martin and Robin­ At the courthouse, Judge Robinson was wood. She sits on boards for the following son had been handling some civil rights cases known to friends as "Spots." A self-effacing non-profits dealing with issues pertaining to when they received a letter in 1951 from two and kind man whose conscientious matter led Hispanics in the entertainment industry: the black high school girls in Prince Edward Coun­ him to once fill a 43 page opinion with 403 Imagen Foundation, Nosotros, Latino ty, VA, who said their school was inadequate footnotes. Entrtainment Media Institute, National Hispanic and that 450 students refused to attend class­ Judge Robinson was bestowed with many Foundation for the Arts, Hispanic Academy of es. The decision to take this case led to their honors during his life for his work in civil rights Media Arts and Sciences, the National Council historic involvement in Brown vs. Board of and commitment to community. In his home of La Raza (host of the Alma Awards), and Education in 1954. The Virginia case was State of Virginia, the Old Dominion Bar Asso­ many others. combined with Brown and other cases from ciation gave him its President's Award in Just last month during Hispanic Heritage South Carolina and Delaware. 1988. The National Bar Association honored Month events, Diane and I discussed the di­ The Supreme Court's decision in Brown vs. him with its Wiley A. Branton Award in 1993. rection of one of the non profits with whom we Board of Education declared that segregation In 1995, Mr. Robinson was honored in the Vir­ both have worked, and, as always, I was im­ in public schools violated the constitution. ginia Power/North Carolina Power "Strong pressed with her passion and her commitment When the court handed down its decisions, Men and Women, Excellence in Leadership" to the prospect of including Hispanics in the the justices also ruled on the four other cases. educational series. He also received an hon­ entertainment industry at all levels, from on­ Since Robinson had become legal rep­ orary doctorate of laws in 1986 from New York camera talent, to behind-the-camera talent, to resentative of the Legal Defense and Edu­ Law School, for his efforts "to achieve true the business suites of the studios. cational Fund in Virginia in 1948, he was equality under the law for all Americans" and Diane and I share a common philosophy charged with arguing the constitutional history addressing "the conscience of the nation." about how to accomplish our goal of getting of the 14th Amendment before the Supreme In his personal life, Judge Robinson was an more Hispanics in the entertainment industry. Court during the Brown case. accomplished woodworker and an amateur ar­ We both believe that if you appeal to the bet­ Robinson's view was that the 14th Amend­ chitect who designed his own split-level home ter angels of those you are trying to convince, ment had envisioned the establishment of in Richmond. He loved fishing so much that you get more done. My grandfather used to complete equality for all people, regardless of the built his own fishing boat in his basement tell me that you get more flies with honey than race. Equality was denied to blacks, he held, in 1953 and utilized it for 25 years. with vinegar. as long as their children could not go to white Judge Robinson is survived by his wife, Diane knows, from her position inside the schools. Marian Wilkerson Robinson; a son, industry, that if the Hispanic presence is to Continuing his civil rights advocacy, Mr. Spottswood W. Robinson IV of Richmond; a change, so, too, must the voices doing the Robinson helped lead the 1956 fight against daughter, Nina Govan of Greenbelt, MD; and presentation. We are both persuaded that the Virginia's so-called NAACP Bills, a set of laws a sister, Mrs. Isadore Burke of Freeport, Baha­ very best way to increase that presence is to passed by Virginia legislators attempting to mas. approach both the industry and the community cripple the activities of the National Associa­ Judge Spottswood W. Robinson, Ill, is gone, with reasoned voices. tion for the Advancement of Colored People. but his legacy shall remain. His hard work and I ask my colleagues to join me in com­ The U.S. District Court in Virginia eventually dedication paved the way for those of us who mending Diane for her role in increasing the threw out the laws in a decision that called came after him. As an African-American male, number of Hispanics throughout the industry, them unconstitutional. an attorney, and an elected member of this and for being a role model for those who as­ Judge Robinson was also an instrumental esteemed body, it is incumbent upon me to pire to be part of the entertainment industry. force in the following landmark civil rights deci­ honor Judge Robinson for allowing me to tread mightily in his footsteps. sions: TRIBUTE TO THE HONORABLE McGhee vs. Sipes and Hurd vs. Hodge, HENRY B. GONZALEZ 1948 (decided along with Shelley vs. Kraeme() DIANE MEDINA'S "COMMUNITY in which the Supreme Court ruled that court EXCELLENCE AWARD" SPEECH OF enforcement of race-based restrictive property covenants is unconstitutional. HON. SILVESTRE REYES - OF TEXAS Morgan vs. Virginia, 1948 where the Su­ HON. SOLOMON P. ORTIZ preme Court ruled that State-enforced racial OF TEXAS IN THE HOUSE OF REPRESENTATIVES segregation in interstate transportation is un­ IN THE HOUSE OF REPRESENTATIVES Friday, October 9, 1998 constitutional. Wednesday, October 14, 1998 Mr. REYES. Mr. Speaker, I rise in tribute to Chance vs. Lambeth, 1951 in which the 4th Mr. ORTIZ. Mr. Speaker, I ask my col­ Congressman HENRY B. GONZALEZ who will be U.S. Circuit Court of Appeals ruled and the leagues to join me in honoring a leading His­ retiring from the House of Representatives at Supreme Court upheld that carrier-enforced panic in the entertainment industry, Diane Me­ the end of this session. As the Dean of the racial segregation in interstate transportation is dina, the Director of Diversity Programs for the Texas delegation, he has been a remarkable unconstitutional. Walt Disney Company. Next month, Diane will representative for his district, for Texas, and Department of Conservation and Develop­ be honored by the Latino Entertainment Media for the entire Nation. ment vs. Tate, 1956 where the 4th Circuit Institute's Community Excellence Award. Throughout his career Congressman GoN­ ruled and the Supreme Court upheld that the The Latino Entertainment Media Institute is ZALEZ has never failed to stand up for the denial of state park facilities on racial grounds a non-profit organization which follows and rights of others. For over 40 years, beginning is unconstitutional. speaks to the issue of Hispanics in the enter­ in the Texas legislature and throughout his ca­ In addition, from 1949 to 1951,-he was part tainment industry. Their theme this year is: reer in the United States House of Represent­ of an NAACP team that defended the "Investing in our Image." atives he has stood up for minorities. More­ Martinsville Seven, a group of black men ac­ Diane Medina is uniquely qualified for this over, he has continually spoken out for im­ cused of raping a white woman in Martinsville, award. Her entire life she has worked to bring proved educational, economic and housing op­ VA. The men eventually were executed. Hispanics into the entertainment industry portunities for the Nation. His legendary cour­ President John F. Kennedy appointed Rob­ across a wide swath of opportunities that cur­ age to stand by his principles, and singularly inson to the United States Commission on rently exist. She was born and raised in take on controversial positions in the national Civil Rights where he served from 1961 to Southern California, where she has worked in interest are an inspiration to all Americans. 1963. In 1964, he was appointed by President the industry for over 25 years. She worked at Moreover, we should all be grateful for his Lyndon B. Johnson as the first black to serve ABC in Human Resources and diversity, mov­ skilled leadership as Chairman of the House as a judge of the U.S. District Court in Wash­ ing to the Walt Disney Company after they Banking Committee. His oversight and inves­ ington. Judge Robinson was also the first bought ABC. tigative skills steered our Nation through one 26368 EXTENSIONS OF REMARKS October 14, 1998 of the most serious financial periods of our lating the rule of law that so many Americans I want to highlight briefly several provisions Nation. Through his insightful and decisive ac­ have died for and are still willing to die for at addressing fair use and the effect of this legis­ tions he brought about meaningful solutions to a moments notice all over the globe. The lation on consumer electronics devices, com­ the devastating multibillion dollar savings and same rule of law that we must ensure applies puters and other technologies. These provi­ loan crisis. Additionally, he averted a similar equally to every single American, including the sions are fundamental to the balance that the crisis in the banking industry with important President of the United States. conferees have achieved in this measure. legislative reforms with an overhaul of our sys­ This matter goes to the very heart and soul First, the conferees included a provision tem of deposit insurance. of what America is all about. This matter will which ensures that the legislation's prohibition Furthermore, as the first Mexican-American determine whether we defend the Constitution, against circumvention of copy protection tech­ Congressional Representative from Texas, he or destroy it. I hope and pray that each distin­ nologies in digital works does not thwart the has been an inspiration for Hispanics and all guished Member of this body places America exercise of fair use and other rights by all Americans. He stands as a model of a person first and that each Member sees through the users. This safeguard requires that the Librar­ having the courage to sometimes stand alone clouds of rhetoric to uphold the rule of law. ian of Congress, in consultation with the Reg­ and blaze a new trail in the name of public It is the rule of law that unifies this country. ister of Copyrights and the National Tele­ service. He is an example of the American It is the rule of law that allows each American communications and Information Administra­ ideal that one person can truly make a dif­ the opportunity to enjoy and to pursue what tion of the Commerce Department, conduct ference. His powerful voice spoke out for the our founding fathers and every generation of proceedings periodically to determine if these hopes and dreams of millions of Americans, Americans since have always hoped for-that rights are being adversely affected by copy and his level of dedication and commitment is each American be entitled to life, liberty and protection technologies in the digital age. If the a standard for all Members of Congress. the pursuit of happiness. If we, indeed, cherish Librarian of Congress determines that non­ I am proud to say that I have known Con­ the notions of personal freedom and individual infringing uses of certain classes of copyright gressman GONZALEZ for many years. I am liberty granted to every single American, then works are, or are likely to be, adversely af­ even more proud to have had the opportunity we will seek to vindicate the rule of law and fected, then the measure's prohibition against to serve with him as a Member of the 105th proceed with this matter with all deliberate circumvention of copy protection technologies Congress. Congressman GONZALEZ is a per­ speed and an unbreakable bond with each shall not apply to users with respect to those son whose strength of character and tenacity other towards fairness, equity and justice for works. I admire and respect. each party involved, including the President of Second, with respect to consumer elec­ As he leaves this legislative body, his inde­ the United States. tronics devices and other equipment, the con­ pendent spirit will forever remain in this cham­ Mr. Speaker, too many Americans have ferees included a "no mandate" provision ber. We will always remember Congressman died to defend these principles we hold so sa­ which should reassure manufacturers of future HENRY B. GONZALEZ as a fierce advocate for cred. Too· many generations of Americans digital telecommunications, consumer elec­ the highest American ideals. His 37 years of have given so much to wish reluctantly that tronics and computing products that they have service are filled with distinction and accom­ this matter just disappear. Just as important, the design freedom to choose parts and com­ plishments, and his constituents can be proud Mr. Speaker, with the Almighty blessing, gen­ ponents in designing and building new equip­ of sending a legendary advocate for his district erations of Americans yet unborn will look ment. Read together with other provisions of and for all Americans. back to this day and claim this to be one of the measure and other parts of the relevant Congressman HENRY B. GONZALEZ, I wish America's finest hours, not as a sideshow that legislative history, the "no mandate" provision you well in your future pursuits, and know that some are trying to depict this as. confirms that Congress does not intend to re­ you leave a powerful legacy of tirelessly work­ Each Member of this body still must main­ quire equipment manufacturers to design new ing for the betterment of America. tain an obligation and responsibility to be digital telecommunications equipment, con­ bound to our oath of office, the same oath of sumer electronics and computing products to office voluntarily taken by the President of the respond to any particular copy protection tech­ AUTHORIZING THE COMMITTEE ON United States. Accordingly, Mr. Speaker, I nology. THE JUDICIARY TO INVESTIGATE support this resolution. Third, the conferees also clarified that man­ WHETHER SUFFICIENT GROUNDS ufacturers, retailers and professional services EXIST FOR THE IMPEACHMENT can make "playability" adjustments to their OF WILLIAM JEFFERSON CLIN­ DIGITAL MILLENNIUM COPYRIGHT equipment without fear of liability. Recognizing TON, PRESIDENT OF THE UNITED ACT that, whether introduced unilaterally or after a STATES multi-industry development process, a copy SPEECH OF protection technology might cause playability SPEECH OF HON. RICK BOUCHER problems, the conferees explicitly stated that HON. VITO FOSSELLA OF VIRGINIA makers or servicers of consumer electronics, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES telecommunications or computing products IN THE HOUSE OF REPRESENTATIVES can mitigate these problems without being Monday, October 12, 1998 deemed to have violated the measure's prohi­ Thursday , October 8, 1998 Mr. BOUCHER. Mr. Speaker, I am pleased bition against circumvention of a copy protec­ Mr. FOSSELLA. Mr. Speaker, it is with a to rise in support of the conference report on tion technology. Equipment manufacturers heavy heart that I rise today to support this H.R. 2281. should thus be able to make product adjust­ resolution. I say this not as a Republican, not Through this legislation, we extend new pro­ ments without fear of liability, ·and retailers and as a New Yorker, but as a person who loves tections to copyright owners to help them professional servicers should not feel bur­ this great country and all it represents. guard against the theft of their works in the dened with the threat of litigation in repairing Earlier today, the gentleman from New York, digital era. At the same time, we preserve the videocassette recorders and other popular Mr. NADLER, stated in essence: "This matter critical balance in the copyright law between products for their customers. will be the most divisive issue this nation has the rights of copyright owners and users by Taken together, these provisions dem­ faced since Vietnam." While I do not question also including strong fair use and other provi­ onstrate that the legislation is not intended to the gentleman from New York's belief that he sions for the benefits of libraries, universities, diminish core fair use and other rights that believes this to be true, I do take exception to and information consumers generally. have always been recognized in our copyright the comparison and respectfully disagree. I am pleased to advise my colleagues that law. These provisions confirm that the meas­ Here is why during the Vietnam war, as has many of the compromises achieved in this leg­ ure does not limit the development and use of been the case with every war or military con­ islation reflect the work of the Commerce consumer electronics, telecommunications, flict since our nation's birth, men and women Committee. I want to underscore my apprecia­ and computer products used by libraries, uni­ were sent overseas with a willingness to die tion for the leadership of Chairman BuLEY and versities, schools and consumers everyday for for freedom, liberty and to defend the rule of Ranking Member DINGELL in successfully perfectly legitimate purposes. law. In the case before us, the President of crafting balanced legislation both in the Com­ In short, with t!lese and the other changes the United States has been charged with vio- mittee and as conferees. made to preserve the rights of information October 14, 1998 EXTENSIONS OF REMARKS 26369 consumers, the conferees have produced a It clearly demonstrates action by Congress MEDICARE MEDICAL NUTRITION bill worthy of our support. I commend their ef­ to fulfill our Nation's commitment to those who THERAPY ACT forts in achieving this careful compromise. have sacrificed in defense of freedom. This bill includes: HON. JOHN E. ENSIGN Significant progress toward improving health VETERANS' BENEFITS OF NEVADA care to Persian Gulf war veterans; IN THE HOUSE OF REPRESENTATIVES ENHANCEMENT ACT OF 1998 An independent scientific evaluation by the Wednesday, October 14, 1998 SPEECH OF National Academy of Science of the potential health effects of risk factors veterans may Mr. ENSIGN. Mr. Speaker, it is rare for any HON. BOB STUMP have been exposed to in the Gulf war; legislation in the House of Representatives to OF ARIZONA An increase in pensions for those incredible obtain the support of a majority of its mem­ IN THE HOUSE OF REPRESENTATIVES heroes who earned the Congressional Medal bers. In fact, fewer than one percent of all bills Saturday, October 10, 1998 of Honor; introduced in the 105th Congress have reached this status. I would like to announce Mr. STUMP. Mr. Speaker, we have unfortu­ A new innovative loan guarantee program for multifamily transitional housing for home­ with pride that a bill I sponsored, H.R. 1375, nately come to the point of impasse with the The Medical Nutrition Therapy Act, has other body over efforts to wrap up veterans' less veterans; Burial benefits and national cemetery eligi­ achieved this remarkable level of support. legislation in the 105th Congress. Over 220 of our colleagues support this The House and Senate Veterans' Affairs bility for World War II merchant mariners; Increasing the Federal share for establishing measure because they recognize that the ab­ Committee have reached agreement on a sence of coverage for nutrition therapy serv­ wide-ranging package of veterans' program State veterans' cemeteries to one-hundred percent; ices is a glaring omission in current Medicare enhancements in our usual bipartisan fashion. policy. Medical science makes clear that prop­ The House is ready to act on that agree­ Extending VA home loan eligibility for guard erly nourished patients are better able to resist ment. and reservists through the year 2003; disease and recover from illnesses than those However, there seems to be difficulty in the Authorizing medical facility construction who are malnourished. We also know that el­ other body because certain Members may dis­ funding at a level that is $157 million above derly Americans are at a higher risk of mal­ agree with the compromises agreed to by the the administration's budget request; and two veterans' committees. Providing a cost-of-living adjustment {COLA) nutrition than others in society due to the natu­ rally occurring aging process. We should not have come to this point, Mr. for veterans' compensation, pension, and re­ Despite this knowledge, Medicare does not Speaker. lated programs. The House has worked diligently this year cover nutrition assessment and counseling H.R. 4110 also includes various enhance­ services by registered dietitians-what is com­ on veterans' legislation. ments to medical care, pension, insurance, monly known in the health care field as med­ We have passed bills in a timely fashion: education, and employment provisions in cur­ ical nutrition therapy {MNT). As a result, the two bills in the month of March, two bills in rent law. May, and two in early August. elderly either pay for this service out of their The COLA will follow the Social Security Ad­ own pockets, or go without. This is not a In contrast, the other body did not bring a ministration figure, which is based on the Con­ veterans' bill to the floor until the last day of choice that those on fixed incomes should sumer Price Index. have to make. Medical nutrition therapy is September. Final action on H.R. 4110 will provide plenty They are still trying to bring up various bills medically necessary care and ought to be a of time for the VA to implement the COLA by covered benefit. under unanimous consent but holds are being December 1, 1998. placed on some of them for one reason or an­ I am convinced that this bill is an important I strongly urge my colleagues to vote for this part of the solution to saving Medicare. It will other. bill. This puts the House in the difficult position help us cut costs without sacrificing the quality I want to express my appreciation to the of facing the need to try one last time in this of patient care. Empirical evidence shows that leadership of the Veterans' Affairs Committee session to move a bill which includes all the MNT is effective for patients with diabetes, in the other body, Chairman SPECTER and agreements reached between the two Vet­ heart disease, cancer and other costly dis­ Senator ROCKEFELLER, for reaching agreement erans' Affairs Committees. eases that are prominent among the elderly. It on these provisions. Passage of House amendments to the Sen­ lowers treatment costs by reducing and short­ ate amendment to H.R. 4110 will provide the I also want to thank the members of the ening the length of hospital stays, preventing Senate the opportunity to either send this en­ House Veterans' Affairs Committee for their health care complications and decreasing the tire package to the President for his signature hard work on all the bills passed by the House need for medications. Yet still, we do not pro­ or kill the bill, including the cost-of-living ad­ this year and their cooperation on reaching vide seniors coverage for this care. justment for veterans service-connected dis­ these agreements. It should be noted that support for medical ability payments. I want to make it very clear We have truly worked in bipartisan fashion nutrition therapy is not confined to Congress. to House Members and Members in the other for the benefit of veterans. Major patient advocacy groups including the body that I will not ask the House to take any Mr. Speaker, this is the final piece of legisla­ American Cancer Society, the American Heart further action on this legislation this year. tion the Veterans' Affairs Committee will bring Association, the National Kidney Foundation, The House has done its job, more than to the floor in the 105th Congress. the American Diabetes Association and the once. I want to tell the Ranking Democratic mem­ National Osteoporosis Foundation also sup­ The other chamber should clear this bill for ber of the committee, Mr. EVANS, that his work port coverage for MNT. These groups under­ the President to sign. and cooperation on all these issues, as well stand that appropriate nutrition therapy saves We should be forthright and sincere about as the day to day operation of the committee money and lives. our efforts on behalf of veterans rather than are truly appreciated. Any measure that achieves such an impres­ engaging in brinkmanship over the provisions The House Committee on Veterans' Affairs sive level of political support is deserving of on one particular piece of legislation. takes a back seat to none in our bartisan ap­ serious deliberation in this body. While I regret I hope we can avoid this situation in the fu­ proach to the very serious business of crafting that this bill will not be taken up in the remain­ ture, Mr. Speaker. legislation. ing days of this Congress, I urge the leader­ The House Committee would like to work LANE EVANS has steadfastly adhered to that ship of both parties to make this bill a top pri­ with the other body next year to reach agree­ tradition and should be commended by all vet­ ority next year. While the Balanced Budget Act ment on individual bills during the course of erans for his support on their behalf. helped strengthen the Medicare program in the session. His committee staff members have also per­ the short term, additional reforms will be nec­ Waiting until the very last minute to act on formed their responsibilities in the highest bi­ essary to prepare the program for the coming bills risks our entire work product on behalf of partisan tradition of the committee-and I want retirement of the Baby Boom generation. Con­ veterans. to thank every member of the majority and mi­ gress will be remiss if it overlooks medical nu­ I believe this bill is an excellent package of nority staff for their contribution to the commit­ trition therapy as part of those long-term re­ program enhancements for veterans. tee's work. forms. 26370 EXTENSIONS OF REMARKS October 14, 1998 In closing, I want to thank the American Die­ WHEN SHALL THE BELLS OF ous efforts to repossess these bells. Filipinos tetic Association and the Nevada Dietetic As­ BALANGIGA TOLL ANEW? from a broad spectrum composed of legisla­ sociation for their fine work in helping me edu­ tors, religious, governors, peasants, profes­ cate members of Congress about this impor­ sionals, business leaders and even the Presi­ HON. ROBERT A. UNDERWOOD dent of the Republic have joined the nation­ tant measure. The dedicated health and nutri­ OF GUAM alistic chorus demanding for nothing less tion professionals represented by those IN. THE HOUSE OF REPRESENTATIVES than the return of these historic bells. groups can be proud of how far this bill had To us, Eastern Samarenos, these bells are advanced in the 105th Congress and GOnfident Wednesday, October 14, 1998 not mute for they are capable of making that we will ultimately succeed in these efforts. Mr. UNDERWOOD. Mr. Speaker, I have sound; they are not captives for they cannot stood many times before this body to advo­ be imprisoned; neither can they be silenced cate the return of at least one of the Bells of for they are forever shouting for freedom and Balangiga to its rightful owners, the people of yelling the sentiments that every Filipino DANTE B. F ASCELL NORTH-SOUTH have been wanting to. Samar in the Philippines. To this effect, I intro­ These are enough considerations that CENTER ACT OF 1991 duced House Resolution 312, calling on the should not fall on deaf American ears. In­ transfer of the one of the bells from F.E. War­ deed, for so many long years, it has been the SPEECH OF ren Air Force Base. Today, I am proud to dream of every freedom-loving Filipino to transmit to this body the remarks of Congress­ have these bells returned to our motherland HON. HOWARD L. BERMAN man Marcelino "Nonoy" C. Libanan, a distin­ and hear them toll once more. Representa­ OF CALIFORNIA guished colleague from the Republic of the tive Underwood can never be more correct Philippines House of Representatives. Con­ when he said: "For almost 100 years, the IN THE HOUSE OF REPRESENTATIVES Philippines has been our closest friend and gressman Libanan represents the Lone District ally, and in the name of friendship and co­ Monday, October 12, 1998 in Eastern Samar. operation it would only be fitting and proper Mr. BERMAN. Mr. Speaker, I am pleased WHEN SHALL THE BELLS OF BALANGIGA TOLL for the United States to share the Bells of that the House yesterday passed H.R. 4757 to ANEW? Balangiga with the people of the Philippines rename the North-South Center in Miami after (By Hon. Marcelino C. Libanan) for their centennial celebrations." Well said; said well. As I have intimated earlier, many former House Foreign Affairs Committee I rise on a matter of personal and collec­ have tried and many have failed. Chairman Dante B. Fascell. I am proud to tive privilege. To the mind of my constituents, the return have cosponsored the bill, and I commend Mr. Speaker, many have tried and just as of the Bells of Balangiga could be an oppor­ many have failed. But this will not stop this International Relations Committee Chairman tunity for the Americans to show that they representation from singing in a louder tune have indeed changed; for the homecoming of BEN GILMAN and Ranking Member LEE HAM­ that very same refrain for the return of the ILTON for their leadership in introducing it. these inanimate relics which are symbols of Bells of Balangiga to where they belong; to our forebears' blood, flesh and tears, will at I had the great pleasure of working with the belfry of Balangiga Church, to the faith­ the very least, show a screaming message Dante on what was then known as the House ful of our Christian community; and, to the that America is now sensitive to our na­ Foreign Affairs Committee. He richly deserves heart of every Samareno. On September 28, 1998, the people of East­ tional freedom, liberty and dignity and is the honor of having the North-South Center ern Samar will once again observe a date of ready to value international comity and renamed after him. As the Committee's senior remembrance and commemorate a victorious goodwill. In short, only when we hear these expert on Latin America, Dante Fascell con­ past when our forebears, ill-equipped and ill­ Bells of Balangiga toll anew, and its sound tributed substantially to U.S. policy toward the armed, fought gallantly and won a battle in reverberates over our land, can we, the Fili­ region even before becoming chairman in defense of our country's freedom and inde­ pino people, say that we are ready to talk about this animal called VF A. 1983. A stern opponent of Cuba's Communist pendence. And this makes this year very sig­ Mr. Speaker, in the name of international regime, Dante was a driving force behind the nificant as we are celebrating the Centennial understanding, national pride and dignity, I establishment of Radio Marti in 1982. He pro­ of our Philippine Independence. The reprisal of the United States Army respectfully appeal to my colleagues in this moted democracy throughout Latin America under Col. Jacob Smith need not be recalled chamber to join me champion this good and the world. in this august chamber when they killed cause so that the bells of Balangiga shall be I remember his years as chairman with "every Filipino capable of bearing arms and returned to its rightful owners the Filipino people. Hence, this representation filed deep respect and fondness. Watching Chair­ burned Samar and made it a howling wilder­ ness." In fact he said, "the more you kill and House Resolution No. 145 entitled: A Resolu­ man Fascell officiate over foreign affairs legis­ tion Demanding from the Government of the lation was the political equivalent of watching burn, the better you will please me". This savagery of unparalleled notoriety had United States of America (USA) for the Im­ a great maestro conduct a fine orchestra. Dur­ earned him the monicker "Hell Roaring mediate Return of the Bells of Balangiga to ing his tenure as chairman, Dante frequently Jake". the People of the Republic of the Phil­ bridged the Committee's deep ideological divi­ Yes, Colonel Smith was court-martialed, ippines", co-authored by twenty-seven of my sions by working out compromises. He tried to reprimanded and cashiered after the U.S. colleagues, I earnestly urge this august Congress conducted a searching inquiry. But, chamber for its immediate adoption. strengthen the Committee's voice in foreign Thank you very much. policy by defending its prerogatives on foreign this is not enough. The Bells of Balangiga, aid authorizations. He also fought for our most symbolic civic treasure, which they carted away must be returned. Congress's overall role in making foreign pol­ Lifeless and motionless, these bells are TELECOMMUNICATIONS COMPE- icy. In 1987, Dante served as vice chairman of kept in an Air Force Base in Wyoming, USA. TITION AND CONSUMER PROTEC­ the special committee that investigated execu­ Few Americans attach significance to these TION ACT OF 1998 tive branch conduct in the Iran-Contra scan­ relics. These have no value to them. They dal. care less about these bells for very few of SPEECH OF Dante Fascell helped establish the North­ them know their importance. In a privilege HON. RICK LAZIO South Center, an independent research and speech delivered before the House of the U.S. Congress, Guam Representative Underwood, OF NEW YORK educational organization that produces policy­ said: "There was a time when the officers of IN THE HOUSE OF REPRESENTATIVES relevant studies on such critical issues as de­ F.E. Warren wanted to get rid of the bells. mocracy, trade, sustainable development and These brass relics have no relevance for F.E. Monday, October 12, 1998 the persistent gap between the rich and the Warren Air force Base, which is a missile Mr. LAZIO of New York. Mr. Speaker, I want poor. Formally associating Dante's name with base. Few people seem to know or care about to compliment Subcommittee Chairman TAUZIN the Center is especially appropriate because these bells. But, to us, freedom loving Fili­ and Chairman BULEY as well as the Ranking of their shared emphasis on the Western pinos, these represent not only national Democrats of the full and subcommittee, Mr. Hemisphere. Renaming the Center after him is pride but also as memorial for the brave men DINGELL and Mr. MARKEY for their work in who offer:ed their lives so that others may fitting recognition of his many years of hard graciously live under the blessings of inde­ bringing this bipartisan legislation before the work in foreign affairs. We all miss his pres­ pendence. House today. I imagine all of us have heard ence and wish him well in his retirement in his Eight (8) years have passed since our peo­ from friends, neighbors, and constituents who beloved Florida. ple and our government started making seri- have been victims of slamming. I know I have October 14, 1998 EXTENSIONS OF REMARKS 26371 heard from Long Islanders who are so frus­ lot of doubt that Henderson and McKinney entation bias. Two of these were murders trated that somehow, without their knowledge, did commit the acts that caused Shepard's and 222 were aggravated assaults. Four hun­ their long distance carrier has been switched. death, nor does it seem at all likely that dred and seventy-two of what the govern­ they will escape punishment. ment termed hate crimes were not assaults Trying to get their phone bill corrected and But this, it is said, is not enough. Because but " acts of intimidation." These latter switched back to their desired carrier can be Shepard was gay, and because his killers ap­ would not be crimes except for the deter­ a time-consuming and frustrating experience. pear to have been motivated in part by an mination that expressions of certain preju­ The legislation before us today should ac­ anti-gay animus (though police say robbery dices and hatreds were in themselves crimi­ complish two goals. First, it should reduce the was the primary motive), justice is said to nal offenses. likelihood that consumers will be slammed. demand more. Specifically, it demands more There is a long history of police and pros­ The bill therefore encourages carriers to act bad law. ecutors slighting assaults against gays and responsibly by adhering to a new Code of "Hate-crime" laws mandate increased pen­ lesbians. Justice demands that the cops and Subscribers Protection Practices. Carriers who alties for defendants found guilty of commit­ the courts treat the perpetrators of assaults ting crimes inspired by certain categories of against citizens who happen to be homo­ do not comply with the Code's consumer pro­ prejudice. In 21 states and the District of Co­ sexual as harshly as they do the perpetrators tection requirements and then make an error lumbia, the categories are: race, religion, of assaults against anyone else. But not will be subject to FCC civil penalties as well color, national origin and sexual orientation. more so. as a possible fine. Second, Congress cannot Nineteen additional states have hate-crime legislate away human error. If a consumer laws that do not cover sexual orientation. loses his long distance carrier and has not Ten states, including Wyoming, have not PERSONAL EXPLANATION been slammed, this bill should make it easy passed categorical hate-crime laws. There is for the consumer to rectify quickly the situa­ also a federal law, which covers race, reli­ gion, color and national origin but not sex or HON. PETER DEUTSCH tion. This bill says the consumer will only have sexual orientation. OF FLORIDA to make one call to return to the carrier of his For Shepard's sake, the cry arises, Wyo­ IN THE HOUSE OF REPRESENTATIVE~ choice. Additionally, to compensate the con­ ming must pass a hate-crime law, and Con­ sumer for his trouble, he will be switched back gress must pass a new, more sweeping, Fed­ Wednesday , October 14 , 1998 to his authorized carrier for free and will be eral Hate Crimes Protection Act, which Mr. DEUTSCH. Mr. Speaker, I was unavoid­ credited up to 30 days of service. Because would add to the roster of crimes made fed­ ably absent from the chamber on October 13, consumers will not have to be obligated to pay eral offenses those inspired by bigotry based 1998, during roll call vote numbers 524, 525, for the service they used after they have been on sex, disability and sexual orientation. " There is something we can do about this. 526, 527, 528, and 529. Had I been present, slammed, carriers will have every incentive to Congress needs to pass our tough hate crimes I would have voted "yea" on roll call vote guard against mistakes. Carriers will no longer legislation," President Clinton declared number 524, "aye" on roll call vote number be able to profit from slamming. Monday, the day Shepard died of his injuries. 525, "aye" on roll call vote number 526, "yea" The bill before the House today also strikes At least he is consistent. No president has on roll call vote number 527, "yea" on roll call a fair balance because a long distance com­ ever been more willing to assault liberty in vote number 528, "yea" on roll call vote num­ pany has the opportunity to produce their the pursuit of political happiness than has ber 529. records of a verified sale when faced with a this one. Clinton is always willing to em­ consumer complaint. This is very important brace any new erosion of rights, as long as there is a group of voters or political con­ legislation that seeks to protect American fam­ TRIBUTE TO THE LATE FRED tributors out there who wish it so. This is SANDERS ilies and businesses from slamming. I urge its one area in which Clinton has been thor­ adoption. oughly bipartisan. In his five years in office, he has joined Republicans in Congress on HON. JO ANN EMERSON quite a spree of liberty-bashing. He has OF MISSOURI RIGHTS OF THE INDIVIDUAL signed laws that have stripped habeas corpus IN THE HOUSE OF REPRESENTATIVES to its bones, vastly increased the number of crimes deemed federal offenses, established Wednesday, October 14, 1998 HON. RON PAUL mindless mandatory sentencing and targeted OF TEXAS Mrs. EMERSON. Mr. Speaker, I rise today certain classes of defendants- terrorists, to pay tribute to the memory of Mr. Fred IN THE HOUSE OF REPRESENTATIVES drug pushers-for the special evisceration of Sanders. Fred was a small business owner in Wednesday, October 14, 1998 rights. And playing to the other side of the polit­ Leasburg, Missouri who, for ten years, ran a Mr. PAUL. Mr. Speaker, I commend to my ical spectrum, Clinton has consistently and small campground and rented rafts and ca­ colleagues in Congress as well as citizens ev­ strongly supported the expansion of harass­ noes to folks who wanted to enjoy warm­ erywhere an article authored by Michael Kelly, ment and discrimination law, an expansion weather days floating down the serene National Journal editor. Mr. Kelly aptly de­ that has in recent years increasingly worked Meramac River and to take in the beauty of scribes how the notion of hate crimes under­ to criminalize behavior that government the Onodaga State Park. Fred, however, was mines a pillar of a free and just society; that once regarded as private. Well, at least he more than a successful entrepreneur. He was supported such law until the case of Jones v. is, equal treatment under the law irrespective Clinton arose. also a successful community leader. of which particular group or groups with whom Of all the violence that has been done in In 1991, a flood damaged a bridge in the an individual associates. Ours is a republic this great expansion of state authority over, Onodaga State Park, which enabled campers based upon the rights of the individual. and criminalization of, the private behavior and "floaters" to make their way to Fred's and thoughts of citizens, none is more seri­ campsite and canoe and raft rental outfit. In PUNISHING 'HATE CRIMES' ous than that perpetuated by the hate-crime his quest to see the bridge rebuilt, Mr. Sand­ (By Michael Kelly) laws. Here, we are truly in the realm of ers met with some resistance. Fred made up As one who wholeheartedly supports cap­ thought crimes. Hate-crime laws require the his mind to try and rebuild the bridge himself. ital punishment, I have what seems to me a state to treat one physical assault dif­ cleareyed vision of what justice demands in ferently from the way it would treat an­ While his initial attempts were blocked, Fred the murder of Matthew Shepard, the 21-year­ other-solely because the state has decided persisted and after years of working with the old Wyoming college student who was, one that one motive for assaulting a person is county government, they agreed to replace the night last week, robbed, pistol-whipped, tied more heinous than another. damaged bridge. to a fence and left to die. Bring in the mon­ What Henderson and McKinney allegedly Seven years after Fred began his crusade, sters who did this, try 'em, verdict 'em and did was a terrible, evil thing. But would it the bridge in Onodaga State Park is now re­ string 'em up, preferably before an applaud­ have been less terrible if Shepard had not built. Unfortunately, Fred passed away on ing crowd of thousands. been gay? If Henderson and McKinney beat March 17, 1998-several months before his And justice does appear on the way to Shepard to death because they hated him being served. Two young men- Russell A. personally, not as a member of a group, long-fought-for bridge was finally completed. In Henderson and Aaron J. McKinney- have should the law treat them more lightly? Yes, honor of Fred's unwavering commitment to been arrested and charged with first-degree say hate-crime laws. this bridge project, the new bridge in the murder; their girlfriends have been charged In 1996 the FBI recorded 1,281 "crimes Onodaga State Park was dedicated in his as accessories. There does not seem to be a against persons" for reasons of sexual-ori- memory on October 10, 1998. I cannot think 26372 EXTENSIONS OF REMARKS October 14, 1998 of a more fitting tribute to Fred. He fought long DISABILITIES EMPLOYMENT this month. Events will also be held in the and hard to get this bridge built, and he was AWARENESS MONTH- A PACIFIC Marshall Islands, the Federated States of Mi­ instrumental in making a real difference in PERSPECTIVE ON INDIVIDUALS cronesia, American Samoa, the Republic of Crawford County, Missouri. I think we can all WITH DISABILITIES Palau and the Commonwealth of the Northern learn from Fred's exemplary perseverance and Marianas Islands. commitment to a local infrastructure improve­ HON. ROBERT A. UNDERWOOD October is Disabilities Awareness Month. ment project that one person truly can make OF GUAM During this month, we commemorate individ­ uals with disabilities and pay tribute to their a difference in his or her community. I am IN THE HOUSE OF REPRESENTATIVES proud to be able to honor the memory of Mr. contributions in our communities. None of the Fred Sanders today here in the House of Rep­ Wednesday, October 14, 1998 activities this month would have been possible resentatives. Mr. UNDERWOOD. Mr. Speaker, Guam is without the successful collaboration between the place where America's day begins. While institutions of higher education, community small, idyllic and remote, it is a place where service organizations, responsive government lots of things happen first. Today, I rise to in­ officials and supportive consumers from our HONORING SISTER M. ANITA form my colleagues of a new first, we are the villages. These recent cooperative efforts have ROSAIRE FAY first to bring our other brothers and sisters been coordinated by San Diego State Univer­ from the international community of persons sity Rehabilitation Research and Training Cen­ HON. BENJAMIN A. GILMAN with disability together to develop our own ter of the Pacific, funded by the National Insti­ OF NEW YORK local solutions to the global issues of rehabili­ tute on disability Rehabilitation Research. IN THE HOUSE OF REPRESENTATIVES tation and employment in the Pacific. We have The Rehabilitation Research and Training used our own talent and skills from our com­ Center of the Pacific adopted a model for re­ Wednesday, October 14, 1998 munities to study what we can do to address search that focuses on participation, action Mr. GILMAN. Mr. Speaker, I wish to call to the issues of unemployment of persons with and local priorities. This unique approach re­ the attention of our colleagues a truly remark­ disability on Guam and the rest of the Pacific. sulted in the sponsorship of the Guam Reha­ able lady who has recently celebrated a sig­ The importance of these locally-developed so­ bilitation Research Local Steering Committee nificant milestone in her life. lutions cannot be overstated as persons with led by people with disabilities who live in my Sister M. Anita Rosaire Fay, who is cele­ disabilities face barriers and problems that are district. Together with other similar committees brating her jubilee year as a Dominican Sister, endemic to our way of life. From !llY friends at led by persons with disabilities from the is­ entered the Dominican sisters convent at the Rehabilitation Research and Training Cen­ lands, these groups are improving our ability Mount St. Mary in Newburgh, NY, on Sep­ ter of the Pacific at San Diego State Univer­ to address our systems of service and eco­ tember 8, 1928. When she entered the sister­ sity, I have learned that over 16,000 individ­ nomic development which result in real jobs, hood, she brought with her to the order the uals with a disability in the Pacific have ap­ careers and life-long learning impacting our love of a wonderful family and a deep and plied for assistance in order to work, train and communities today and in the future. This is abiding faith. attend school in 1995. The unemployment rate an example of community leadership com­ Sister Anita's love of God goes back to her of persons with disabilities in the Pacific is four bined with university skills that can positively birth, as does her love of life. Always an avid times that of any other group. Applying this affect the lives of numerous individuals in the sports fan-then and now-she often recalls statistic anywhere else with any other group in 21st century. It is a Pacific perspective that playing hooky with her brothers and sisters to America and it would be deemed a travesty. should be acknowledged and replicated. see the New York Yankees play. However, we have also learned that through Mr. Speaker, this message would be incom­ Sister Anita received her B.A. from Fordham our own studies and methods, we are in the plete without mentioning other individuals and University and her M.A. degree from Villanova best possible situation to remedy these inequi­ organizations contributing tremendously to as­ University, majoring in history and political ties. sisting individuals with disabilities. I commend science. Over the last four years, our friends and col­ Dr. Fred McFarlane, Director of the lnterwork Sister Anita taught for 45 years in elemen­ leagues at San Diego State University, Univer­ Institute and the Rehabilitation Research and tary education and secondary education in sity of Guam, Northern Marianas College, Training Center of the Pacific (RRTCP) and both New York State and New Jersey. Sister American Samoa Community College, College Dr. Kenneth Gelea'i, Co-Director and Re­ also taught political science and other courses of Micronesia-FSM, and the College of Mar­ search Coordinator of the RRTCP. I also com­ at Mount Saint Mary College in Newburgh, shall Islands have established local steering mend the Association of Pacific Island Legisla­ NY. One of the legislators in our New York committees for rehabilitation research and tures (APIL), presided by Senator Carlotta A. State Assembly, Tom Kirwan, who studied training. This work culminates in the first ever Leon Guerrero, for their commitment to indi­ under Sister Anita when he was still a State international conference, entitled "Pacific Per­ viduals with disabilities, as evinced by their Police officer, is only one of her many stu­ spectives for the Employment of Persons with resolution passed by APIL's 17th General As­ dents who were inspired to enter politics by Disabilities in the 21st Century." The con­ sembly. I also congratulate Mr. Rodney Priest Sister Anita. ference will be convened on Guam from Octo­ for his tireless efforts on behalf of Guam's dis­ In 1975, Sister Anita informed me that she ber 28-30, 1998. abled community. was seeking new challenges to conquer. I in­ It is momentous that this conference will be vited her to join my Washington Congressional held in concert with "Disabilities Awareness TRIBUTE TO GARY GRAY staff, and she remains with us to this day. My Month" in the Pacific. Our own local network entire Congressional staff values her wise on Guam of rehabilitation professionals, edu­ counsel and her cheery disposition, as do I. cators, teachers, researchers and consumers HON. NICK SMITH She is considered the sunshine and the mo­ acknowledge the people from our business OF MICHIGAN rale booster in our office. communities employing persons with disabil­ IN THE HOUSE OF REPRESENTATIVES Sister Anita's dedication to assisting my ities. On Guam on October 26, 1998, we are Wednesday , October 14, 1998 constituents is rivaled only by her dedication awarding those members of our own business Mr. SMITH of Michigan. I rise before you to her beloved Georgetown Hoyas. Sister community for their continued support by em­ today to honor Gary Gray, a constituent of Anita balances her time between helping my ploying persons with disabilities. Mr. Rodney mine from Adrian, Michigan whose accom­ Congressional offices operate at peak effi­ Priest, the Chairperson of the Guam Rehabili­ plishments and accolades are many. ciency, rooting for her favorite basketball tation Advisory Council and a research asso­ Mr. Gray is the recipient of the Lenawee team, and the Office of the Hours prayers. ciate with San Diego State University, was in­ County Chamber of Commerce 1998 Small Mr. Speaker, as Sister Anita is celebrating strumental in organizing this event. The Octo­ Business Person of the Year Award. This dis­ her 70th Jubilee year as a Dominican sister, I ber 26 event maintains our commitment to our tinguished honor is bestowed upon those indi­ am pleased to call her remarkable life to the greatest resource, the people of Guam. viduals who have not only created and guided attention of all our colleagues and their staffs, Hiring the disabled is an asset for us all. successful businesses but have made an even and invite everyone to join in celebrating her There are similar ceremonies acknowledging greater contribution through their selfless giv­ remarkable life. employers in the islands across the Pacific ing to those in their community. October 14, 1998 EXTENSIONS OF REMARKS 26373 Gary Gray, a nationally recognized physical A TRIBUTE TO DR. KENNETH FRIENDS PAY HOMAGE TO CRUSADER FOR. THE therapist, grew up in the city of Ft. Wayne, In- JERNIGAN, PRESIDENT EMER- BLIND JERNIGAN STILL WORKING DESPITE diana. Upon graduating from the University of ITUS OF THE NATIONAL FED- LUNG CANCER Indiana in 1976, he began his professional ca- ERATION OF THE BLIND (By Ernest F. Imhoff) reer as Director of Physical Therapy at Bixby A steady stream of old friends-maybe 200 in the past months- have been visiting Ken­ Hospital in Adrian, Michigan. He continues to HON. EUJAH E. CUMMINGS neth jernigan at his home in Irvington. enjoy Adrian as his home. OF MARYLAND Pals who followed the old fighter for the In 1986 Gary opened the doors of Gary blind as he tenaciously led fights for jobs, for IN THE HOUSE OF REPRESENTATIVES access, for independent living, for Braille Gray Physical Therapy Clinic, Inc. in Adrian Wednesday , October 14, 1998 and for civil rights have come to say thank with two employees. Nearly thirteen years you and goodbye to a dying blind man they later this thriving company has grown into Mr. CUMMINGS. Mr. Speaker, today I rise say expanded horizons for thousands of peo­ three sites employing 35 employees. to pay tribute to a man who has dedicated his ple. life to improving opportunities for. others. He is James Omvig, a 63-year-old blind lawyer, Upon realizing the critical need this country Dr. Kenneth Jernigan, who served as Presi­ and his sighted wife Sharon flew from Tuc­ has for continuing education in rehabilitation, son, Ariz., to visit with the president emer­ dent of the National Federation of the Blind itus of the National Federal of the Blind he began Wynn Marketing, Inc. in 1988. from 1968 to 1986 and as the Federation's Through the years, Wynn Marketing has pro­ (NFB), who is in the latter stages of lung President Emeritus until his death on October cancer. duced 95 seminars throughout the nation, pre­ 12, 1998. In these capacities, Dr. Jernigan has "The wonderful life I've had is all due to senting innovative, practical and enlightening become widely recognized and highly re­ Dr. Jernigan," Omvig said. In the 1950s, he rehabilitation seminars to over 10,000 physical spected as the principal leader of the orga­ " was sitting around at home" in Iowa, after therapists, athletic trainers, orthopedic physi­ nized blind movement in the United States. learning chair-making, until he met cians and chiropractors. The closeness of his Jernigan and began studying Braille and Mr. Speaker, I have been proud to rep­ other subjects. Omvig then graduated from family life is revealed in the fact that his moth­ resent Kenneth Jernigan and his wife, Mary college, got a law degree, became the first er and father are the hosts and coordinators of Ellen, since coming to Congress in 1996. But blind person hired by the National Labor Re­ these seminars. more than being my constituent, Mr. Speaker, lations Board and later developed programs Dr. Jernigan has been my friend. In fact, as he for the blind at Social Security in Balti­ Gary continues to be a consultant to various did with so many others over his lifetime of more, Alaska and elsewhere. college and professional athletic teams around leadership, he encouraged me and helped me One topic of conversation among the the country as well as educational institutions. to believe in myself. friends has been Jernigan's latest project, a He is the author of several published articles proposed $12 million National Research and Born blind in 1926, Kenneth Jernigan grew and manuals on rehabilitation and prevention. Training Institute for the Blind for NFB up on a small Tennessee farm with little hope headquarters in South Baltimore. Recognized by various physical therapy and little opportunity. But in the story of Ken­ Last week, Larry McKeever, of Des Moines, schools around the nation, many of these are neth Jernigan, from his humble beginnings in who is sighted and has recorded material for required reading in the physical therapy cur­ the hills of Tennessee to his stature as a na­ the 50,000-member federation, came to chat riculum. tional-and even an international--leader, the and cook breakfast for the Jernigans. Donald Capps, the blind leader of 58 South Carolina Recognized as a successful inventor of re­ story of what is right with America is told. NFB chapters, called to congratulate habilitation equipment, Gary opened the doors Dr. Jernigan may have been blind in the Jernigan on being honored recently at the of Functional Designs in 1997. The purpose of physical sense, but he was a man of vision Canadian Embassy for his Newsline inven­ this company is to develop and market many nonetheless. As a leader of the National Fed­ tion that enables the blind to hear daily eration of the Blind, he taught all of us to un­ newspapers. of Gary's inventors i.e. the Golf Gazebo, the Floyd Matson, who is sighted and has Stretch Frame and the Pyramid Strider. · derstand that eyesight and insight are not re­ lated to each other in any way. Although he worked with Jernigan for 50 years, came Gary Gray consistently supports community from Honolulu to be with "my old poetry did not have eyesight, his insight on life, learn­ and drinking buddy.'' projects, especially those involving youth. He ing, and leading has no equal. A dramatic example of the high regard in developed the "Hot Rock" boys basketball Mr. Speaker, for those who knew him and which blind people hold Jernigan came dur­ camp in 1989. This two week summer camp loved him, for the blind of this country, and for ing the annual convention of 2,500 NFB mem­ of basketball ministry combines the unique the National Federation of the Blind-the orga­ bers in Dallas in July. A donor contributed blend of both sport and Christ in the lives of nization that he loved and built-the world $5,000 to start a Kenneth Jernigan Fund to help blind people. the youth today. This past summer's Hot Rock without Kenneth Jernigan will be different. But Quickly, state delegations caucused and was enjoyed by over 120 young boys and re­ the world he left in death is a far better world announced their own donations. The result: mains fully sponsored by Gary. because of his life. pledges of $137,000 in his honor. The legacy which Dr. Jernigan has left be­ Jernigan, 71, who was born blind and grew Realizing the need was also there for the hind is visible in the hundreds of thousands of up on a Tennessee farm with no electricity, young girls of the community, Gary developed lives that he touched and will continue to in­ learned he had incurable lung cancer in No­ "Girls of Summer'' in 1995. Over 70 girls were spire through the programs and projects that vember. In the past 10 months, Jernigan has been almost as busy as ever. He has contin­ ministered to this past summer, again com­ will live on in his name. This will be the case bining the blend of basketball and Christ. ued projects such as editing the latest in his for many generations to come. large-type "Kernel Book" series of inspira­ Beginning his 5th year as the assistant var­ Kenneth Jernigan will be missed deeply by tional books for the visually impaired. sity basketball coach at Lenawee Christian his family and friends, and his loss will be But his focus has been the proposed four­ High School is one of the positions Gary holds shared by all of us because he cared for all story institute, for which $1 million has been raised. It will house the nerve center of an most dear. His love of Christ and family is of us. With the strength of his voice and the power of his intellect, he brought equality and employment program; research and dem­ prevalent to all who know him. His lovely wife onstration projects leading to jobs and inde­ of 22 years, Cindi, is also known as an excel­ freedom to the blind. As he did so, Kenneth pendent living; technology training semi­ lent speaker and leader in the community. He Jernigan taught us all to love one another and nars; access technology, such as applications has two wonderful sons of whom he is very live with dignity. This is the real and lasting for voting machines, airport kiosks and in­ legacy of Kenneth Jernigan. proud: Brad, a freshman at Cornerstone Col­ formation systems; and Braille literacy ini­ tiatives to reverse a 50 percent illiteracy lege and Doug, a junior at Lenawee Christian Mr. Speaker, on September 24, 1998, an ar­ ticle entitled, "Friends Pay Homage to Cru- rate among visually impaired children. High School. . sader for the Blind. Jernigan Still Working De­ In fighting for the blind, Jernigan has fre­ I want to commend Gary Gray for all of his quently been a controversial figure. Before spite Lung Cancer'' appeared in the Baltimore he moved to Baltimore in 1978, the Iowa achievements. He truly is deserving of the Sun. Because it presents a fitting tribute to Dr. Commission for the Blind, which he headed, Lenawee Chamber of Commerce's Small Jernigan's life and work, I insert the text of this was the subject of a conflict-of-interest in­ Business Person of the Year Award. article in the RECORD at this point. vestigation by a gubernatorial committee. In 26374 EXTENSIONS OF REMARKS October 14, 1998 the end, Gov. Robert Ray felt the commit­ 100% ENROLLMENT OF LOWER IN­ port estimates that only 10 percent of those el­ tee's report vindicated the commission. The COME MEDICARE BENEFICIARIES igible are participating in the SLMBy program governor and the committee described the IN THE QMBY & SLMBY PRO­ and less than two-thirds of those eligible are commission's program for the blind as " one GRAMS enrolled for QMBy benefits. of the best in the country." Complex enrollment processes, require­ " There are good things in everything, even HON. FORTNEY PETE STARK ments to apply at welfare offices, lengthy this illness," said his wife, Mary Ellen delays in refunding premiums deducted from Jernigan. " You expect to hear from old OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES cash payments, and the lack of effective, co­ friends. But in letters and calls, we hear ordinated outreach and problem-solving sys­ from hundreds of people we don't know." Wednesday, October 14, 1998 tems have all been identified as issues that Mr. STARK. Mr. Speaker, I am pleased to impede program effectiveness. Identifying and join Representative MCDERMOTI in introducing enrolling those entitled to benefits has been a legislation to ensure that 100 percent-or as significant challenge of the buy-in programs. TRIBUTE TO BILL GRADISON close to 100 percent as humanly possible-of Moreover, administration of the buy-in pro­ low-income Medicare beneficiaries eligible for grams by different Medicaid systems of the 50 QMBy and SLMBy are enrolled in those pro­ states and the District of Columbia make the HON. JOHN R. KASICH grams. The bill provides for a data match be­ benefit unevenly available across the country. OF OHIO tween the IRS and HHS to detect low income The importance of the buy-in programs to Medicare beneficiaries and presumptively en­ low-income Medicare beneficiaries should not IN THE HOUSE OF REPRESENTATIVES roll them in the programs. be underestimated. Because of their greater­ We are introducing the bill in the last hours Wednesday, October 14 , 1998 than-average health care costs, and because of the Congress so that the administration, Medicare does not cover many services crit­ Mr. KASICH. Mr. Speaker, I rise today to seniors' groups, and others can study the ical to older and disabled people, individuals pay tribute to our former colleague Bill Gradi­ issue over the adjournment period and make eligible for buy-in programs can benefit greatly son. Bill served as a highly respected Member suggestions for improvements and changes from the extra income they retain when they of this body from 1975 through January, 1993. for a new bill in the 106th Congress. are relieved of cost-sharing responsibilities. For the past 6 years Bill has served as Presi­ In 1988, Congress enacted provisions to The obvious and most important aspect of the protect low-income Medicare beneficiaries dent of the Health Industry Association of buy-in programs is that they put income back from the financial distress of out-of-pocket America. He will retire from that post at the into the pockets of low-income people who health care costs. The protections were em­ end of the year. can use it to pay for food, clothing, shelter, un­ bodied in the Qualified Medicare Beneficiary reimbursed medical expenses and other ne­ During his years at HIAA, Bill has dem­ (QMB) Program under which state Medicaid cessities of life. onstrated the same knowledge, commitment Programs pay Medicare premiums, Mr. Speaker, we look forward to public com­ and skills that he did in this body. As an ex­ deductibles and co-insurance for people with ment on the technical features of the bill, and pert on health care policy, Bill worked to im­ limited resources and with incomes of not hope it will have widespread support in the prove the Nation's health care system and the more than 100 percent of the Federal poverty 106th Congress. health of all Americans. Equally important, he threshold, currently $691 per month for an in­ did so at all times with great thoughtfulness dividual. In subsequent years similar but more and by truly being a gentleman. limited provisions were enacted for those with HONORING SHELDON L. GOLDBERG slightly higher incomes. ON HIS RETIREMENT In his 18 years in the House, Bill had a Premium and other cost-sharing protections strong influence on many issues, including are critical to the well-being of low-income HON. CONSTANCE A. MORELLA health care, the budget, Social Security, trade Medicare beneficiaries. Medicare covers less and governmental self discipline. OF MARYLAND than half of the total health spending of the el­ IN THE HOUSE OF REPRESENTATIVES Bill found health care to be particularly ab­ derly and is less generous than health plans sorbing and challenging. Both on and off Cap­ typically offered by large employers. Health Wednesday, October 14, 1998 itol Hill, Bill has worked hard to ensure that all care spending for low-income beneficiaries Mrs. MORELLA. Mr. Speaker, it is my great Americans have access to high quality health who are also eligible for Medicaid is substan­ pleasure to congratulate my constituent Shel­ care at a reasonable cost. tially higher-Medicare payments for them are don L. Goldberg on his retirement as Presi­ 70 percent higher than for those with higher dent of the American Association of Homes In Congress, Bill worked enthusiastically to incomes. Beneficiaries spend, on average, and Services for the Aging (AAHSA), after promote hospice care, an innovative, compas­ more than $2,500 out-of-pocket on Medicare more than fifteen years of service. The sionate approach to caring for the terminally ill premiums and cost-sharing, and on health AAHSA is a national nonprofit organization and their families. In 1982, legislation which services not included in the Medicare pro­ representing 5,000 nursing homes, continuing he sponsored with then Representative Leon gram. This is a third of the annual income of care retirement communities, senior housing Panetta to allow hospices to provide care an individual living in poverty. and assisted living facilities and community under Medicare was enacted. Over the years, Moreover, on average the health of low-in­ service organizations for the elderly. The Bill sponsored numerous other hospice-related come Medicare beneficiaries is substantially AAHSA is a leader in the development of an measures that received strong bipartisan sup­ worse than that of the general Medicare popu­ integrated continuum of care for frail elderly port. Today, this humanitarian yet cost effec­ lation: Low-income beneficiaries are nearly people and individuals with disabilities. I am tive end of life care is widely accepted. twice as likely as those with higher income to familiar with the AAHSA through their nursing One of Bill's most significant non-health self-report fair to poor health and nearly twice facilities and retirement communities in Mary­ congressional achievements was indexing in­ as likely to have used an emergency room in land, including Asbury Methodist Village in come tax brackets and the standard deduction the past year; they are less likely to have a Gaithersburg, the Friends House Retirement for inflation. Bill was also a major participant in particular physician; and they are three times Community in Sandy Springs, the Hebrew developing the 1983 Social Security measures more likely to have needs for assistance due Home of Greater Washington in Rockville, and that restored the Social Security System to to functional impairments in activities such as the National Lutheran Home in Rockville. Mr. solvency. dressing, eating and bathing. Goldberg, who has been a force in the long­ Despite the importance of financial protec­ term care field for more than twenty years, is I hope my colleagues will join me in con­ tions and their promise of help to low-income leaving the AAHSA to become the CEO of the gratulating Bill for his years of service in Con­ beneficiaries, the current QMBy and SLMBy Jewish Home and Hospital in New York City. gress and at HIAA. We should certainly appre­ (Specified Low-Income Medicare Beneficiaries, During his tenure at the AAHSA, Mr. Gold­ ciate his contributions to public policy and with incomes up to 120 percent of poverty) berg has been instrumental in expanding the wish him the best of luck in his future endeav­ benefits have failed to reach nearly four million organization's focus in several key areas, in­ ors. eligible individuals. A recent Urban Institute re- cluding public policy advocacy. In addition, the October 14, 1998 EXTENSIONS OF REMARKS 26375 AAHSA's array of services has grown under tions concerning franchising and business op­ equitable franchise agreements, to establish his guiding hand, and now includes capital fi­ portunity ventures. However, the FTC has uniform standards of conduct in franchise re­ nancing through the AAHSA Development consistently maintained that it has no jurisdic­ lationships, and to create uniform private Corporation, professional certification for re­ tion over problems franchisees face after the Federal remedies for violations of Federal law. tirement housing professionals, and continuing franchise agreement is entered into. care retirement accreditation through the Con­ In the absence of any federal controls or SECTION 3. FRANCHISE SALES PRACTICES tinuing Care Accreditation Commission. Mr. regulation, a number of problems and com­ Subsection (a) prohibits any person, in Goldberg also spearheaded the AAHSA's plaints have been lodged in recent years, prin­ connection with the advertising, offering, or sale of any franchise, from (1) employing a movement to include "Services" in its name cipally stemming from the fact that franchisees device, scheme, or artifice to defraud; (2) en­ and initiated the development of the Inter­ do not have equal bargaining power with large gaging in an act, practice, course of business, national Association of Homes and Services franchisors. The concerns include the fol­ or pattern of conduct which operates or is in­ for the Aging, serving as its president since lowing: tended to operate as a fraud upon any pro­ 1994. Taking of Property without Compensation. spective franchisee; (3) obtaining property, In addition to serving as President of the The franchise relationship almost always in­ or assisting others in doing so, by making an AAHSA since 1982, Mr. Goldberg currently cludes a post-termination covenant not-to­ untrue statement of a material fact or fail­ serves on the United States board of the Inter­ compete which prohibits the franchisee from ing to state a material fact; and (4) discrimi­ becoming an independent business owner in a nating among prospective franchisees on the national Leadership Center on Longevity and basis of race, color, sexual orientation, sex, Society, the board of Generations United, and similar business upon expiration of the con­ religion, disability, national origin, or age in the Housing Development Reporter advisory tract. This can have the effect of appropriating (a) the solicitation, offering or sale of any board. He served as president of the National to the franchisor all of the equity built up by franchise opportunity, or (b) the selection of Assembly of National Voluntary Health and the franchisee without compensation. any site or location for a franchise business. Social Welfare Organizations from 1992 Devaluation of Assets. Franchisors often in­ Subsection (b) prohibits franchisors, sub through 1995, when he was the recipient of duce a franchisee to invest in creating a busi­ franchisors, and franchise brokers, in con­ the 1995 Award for Excellence in the National ness and then establish a competing outlet in nection with any disclosure document, no­ tice, or report required by any law, from (i) Executive Leadership Forum. In 1995 and such proximity to the existing franchisee that it causes significant damage or destruction to making an untrue statement of material 1996, Mr. Goldberg served as chair of the fact, (ii) failing to state a material fact, or Leadership Council of Aging Organizations, a the existing franchised business. (iii) failing to state any fact which would coalition of national organizations concerned Restraint of Trade. Most franchise relation­ render any required statement or disclosure with the well-being of America's elderly and ships mandate that franchisees purchase sup­ either untrue or misleading. The subsection committed to representing the elderly's inter­ plies, equipment, furniture, or other items from also prohibits franchisors, sub franchisors, ests in the federal policy arena. the franchisor or sources affiliated with or ap­ and franchise brokers from failing to furnish Prior to joining the AAHSA, Mr. Goldberg proved by the franchisor. While it may be ap­ any prospective franchisee with all informa­ held the position of executive director of the propriate for franchisors to exercise some con­ tion required to be disclosed by law and at trol concerning the characteristics of the prod­ the time and in the manner required and Wisconsin Association of Homes for the Aging from making any claim or representation to for three years. Prior to that he was director of ucts or services offered to franchisees, tying a prospective franchisee, whether orally or the Wisconsin County Boards Association and franchisees to certain vendors can cost in writing, which is inconsistent with or con­ a budget analyst at the Wisconsin Department franchisees millions of dollars, prevents com­ tradicts such disclosure document. of Health and Human Services. A native of petition among vendors, and can have an ad­ "Disclosure document" is defined as the Wisconsin, Mr. Goldberg received his bach­ verse impact upon consumers. disclosure statement required by the Federal elor's degree in political science, psychology Inflated Pricing. Many franchise agreements Trade Commission in Trade Regulation Rule specify that the franchisor has the right to 436 (16 CFR 436) or an offering circular pre­ and sociology and his master's degree in psy­ pared in accordance with Uniform Franchise chology at the University of Wisconsin, where enter into contractual arrangements with ven­ dors who sell goods and services to Offering Circular guidelines as adopted and he also did his graduate work in public admin­ amended by the North American Securities istration. franchisees that are mandated by the fran­ Administrators Association, Inc. or its suc­ Sheldon Goldberg has been a tireless advo­ chise agreement. It has been alleged that cessor. cate for the needs of older Americans. I know these vendors often provide kickbacks, pro­ SECTION 4. UNFAIR FRANCHISE PRACTICES motional fees, and commissions to the his colleagues join me in recognizing his many Subsection (a) prohibits any franchisor or years of service to the AAHSA and in wishing franchisor in return for being allowed to sell subfranchisor, in connection with the per­ him health, happiness and personal fulfillment their products and services to a captive mar­ formance, enforcement, renewal and termi­ in his future endeavors. ket. Instead of passing these kickbacks, pro­ nation of any franchise agreement, from (1) motional fees, and commissions on to the engaging in an act, practice, course of busi­ franchisee to reduce their cost of goods sold ness, or pattern of conduct which operates as INTRODUCTION OF SMALL and increase their margin, these payments, it a fraud upon any person; (2) discriminating BUSINESS FRANCHISE ACT OF 1998 is asserted, benefit the franchisor. among franchisees on the basis of race, color, While our nation has enjoyed an unprece­ sexual orientation, sex, religion, disability, national origin, or age; (3) hindering, prohib­ HON. JOHN CONYERS, JR. dented economic boom, it is essential that we iting, or penalizing, either directly or indi­ OF MICHIGAN in Congress insure that prosperity reaches rectly, the free association of franchisees for IN THE HOUSE OF REPRESENTATIVES down to the small businesses that make up any lawful purpose, including the formation the heart and soul of our economy. There is of or participation in any trade association Wednesday, October 14, 1998 of course little time left in the 105th Congress made up of franchisees or of associations of Mr. CONYERS. Mr. Speaker, I am pleased to allow for consideration and inaction of this franchises; and (4) discriminating against a to be introducing the "Small Business Fran­ legislation. However, I am hopeful that this franchisee by imposing requirements not im­ chise Act of 1998" along with my good friend legislation will be at the top of the Judiciar}''s posed on other similarly situated franchisees or otherwise retaliating, directly, or indi­ from North Carolina Mr. COBLE. This legisla­ committee agenda when we return next year, rectly, against any franchisee for member­ tion represents the culmination of many and I will be seeking hearings on this matter ship or participation in a franchisee associa­ months of work in crafting legislation which at the earliest occasion. tion. creates an appropriate balance between the The following is a section-by-section de­ Subsection (b) prohibits a franchisor from rights of franchisors and franchisees. scription of the legislation. terminating a franchise agreement prior to There is currently no federal law estab­ its expiration without good cause. SECTION 1. SHORT TITLE; TABLE OF CONTENTS Subsection (c) prohibits a franchisor from lishing standards of conduct for parties to a Sets forth the short title of the Act and franchise contract. The Federal Trade Com­ prohibiting, or enforcing a prohibition the table of contents. against, any franchisee from engaging in any mission rule promulgated in 1979 {16 C.F.R. SECTION 2. FINDINGS AND PURPOSE business at any location after expiration of a 436}, was designed to deter fraud and mis­ Subsection (a) specifies a series of Congres­ franchise agreement. This subsection does representation in the pre-sales process and sional findings. Subsection (b) states that not prohibit enforcement of a franchise con­ provides disclosure requirements and prohibi- the purpose of the Act is to promote fair and tract obligating a franchisee after expiration 26376 EXTENSIONS OF REMARKS October 14, 1998 or termination of a franchise to (i) cease or franchisee's experience with the franchise capncwus and the franchisor states the refrain from using a trademark, trade secret business. grounds for its refusal in writing to the or other intellectual property owned by the Subsection (b) makes void and unenforce­ franchisee. franchisor or its affiliate, except that lan­ able any provision of a franchise agreement, Subsection (b) requires that a franchisee guage in the franchise agreement purporting or of any agreement ancillary or collateral give the franchisor at least thirty days' writ­ to determine ownership of a trademark, to a franchise, which would purport to waive ten notice of a proposed transfer, and that a trade secret, or other intellectual property or restrict any right granted under the Act. franchisee, upon request, will provide in shall not be binding upon any court or forum Subsection (c) forbids any stipulation or writing to the franchisor a list of the owner­ for purposes of this paragraph, but may be provision of a franchise agreement or of an ship interests of all persons holding or claim­ considered as evidence of such ownership, (11) agreement ancillary or collateral to a fran­ ing an equitable or beneficial interest in the alter the appearance of the business premises chise from (i) depriving a franchisee of the franchise subsequent to the transfer. so that it is substantially similar to the application and benefits of the act or any Subsection (c) states that a franchisor is standard design, decor criteria, or motif in Federal law of the State in which the deemed to have consented to a transfer thir­ use by other franchisees using the same franchisee's principal place of business is lo­ ty days after the request for consent is sub­ name or trademarks within the proximate cated, (ii) depriving a franchisee of the right mitted, unless the franchisor withholds con­ trade or market area of the business, or (iii) to commence an action or arbitration sent in writing during that time period modify the manner or mode of business oper­ against the franchisor for violation of the specifying the reasons for doing so. Any such ation so as to avoid any substantial confu­ Act, or for breach of the franchise agreement notice is privileged against a claim of defa­ mation. sion with the manner or mode of operations or of any agreement or stipulation ancillary Subsection (d) establishes that a franchisor which are unique to the franchisor and com­ or collateral to the franchise, in a court of may require the following four conditions monly in practice by other franchisees using arbitration forum in the State of the before consenting to a transfer: (1) the trans­ the same name or trademarks within the franchisee's principal place of business, or feree successfully complete a reasonable proximate trade or market area of the busi­ (iii) excluding collective action by training program, (2) payment of a reason­ ness. franchisees to settle like disputes arising able transfer fee, (3) the franchisee pay or SECTION 5. STANDARDS OF CONDUCT from violation of the Act by civil action or make reasonable provisions to pay any arbitration. Subsection (a) imposes a duty to act in Subsection (d) states that compliance with amount due the franchisor or the good faith in the performance and enforce­ franchisor's affiliate, (4) the financial terms ment of a franchise contract on each party the Act or with an applicable State franchise of the transfer at the time of the transfer law is not waived, excused or avoided, and comply with the franchisor's current finan­ to the contract. evidence of violation of the Act or State law Subsection (b) imposes a nonwaivable duty cial requirements for franchisees. A shall not be excluded, by virtue of an inte­ franchisor may not condition its consent to of due care on the franchisor. Unless the gration clause, any provision of a franchise franchisor represents that it has greater a transfer on (1) a franchisee forgoing exist­ agreement or an agreement ancillary or col­ ing rights other than those contained in the skill or knowledge in its undertaking with lateral to a franchise, the parol evidence its franchisees, or conspicuously disclaims franchise agreement, (2) entering into a re­ rule, or any other rule of evidence pur­ lease of claims broader in scope than a coun­ that it has skill or knowledge, the franchisor porting to exclude consideration of matters is required to exercise the skill and knowl­ terpart release of claims offered by the edge normally possessed by franchisors in outside the franchise agreement. franchisor to the franchisee, or (3) requiring good standing in the same or similar types of SECTION 7. ACTIONS BY STATE ATTORNEYS the franchisee or transferee to make, or business. GENERAL agree to make, capital improvements, rein­ Subsection (c) imposes a fiduciary duty on Subsection (a) permits a State attorney vestments, or purchases in an amount great­ the franchisor when the franchisor under­ general to bring an action under the Act in er than the franchisor could have reasonably takes to perform bookkeeping, collection, an appropriate United States district court required under the terms of the franchisee's payroll, or accounting services on behalf of using the powers conferred on the attorney existing franchise agreement. the franchisee, or when the franchisor re­ general by the laws of his State. Subsection (e) permits a franchisee to as­ quires franchisees to make contributions to Subsection (b) states that this section does sign his interest for the unexpired term of any pooled advertising, marketing, or pro­ not prohibit a State attorney general from the franchise agreement and prohibits the motional fund which is administered, con­ exercising the powers conferred on him by franchisor from requiring the franchisee or trolled, or supervised by the franchisor. A the laws of his State to conduct investiga­ transferee to enter an agreement which has franchisor that administers or supervises the tions or to administer oaths or affirmations different material terms or financial require­ administration of a pooled advertising or or to compel the attendance of witnesses or ments as a condition of the transfer. promotional fund must (i) keep all pooled the production of documentary and other Subsection (f) prohibits a franchisor from funds in a segregated account that is not evidence. withholding its consent without g'ood cause subject to the claims of creditors of the Subsection (c) states that any civil action to a franchisee making a public offering of franchisor, (11) provide an independent cer­ brought under subsection (a) in a United its securities if the franchisee or owner of tified audit of such pooled funds within sixty States district court may be brought in the the franchisee's interest retains control over days following the close of the franchisor's district in which the defendant is found, is more than 25 percent of the voting power as fiscal year, and (iii) disclose the source and an inhabitant, or transacts business, or the franchisee. amount of, and deliver to the fund or pro­ wherever venue is proper under 28 U.S.C. 1391 Subsection (g) prohibits a franchisor from gram, any discount, rebate, compensation, or which establishes general venue rules. Proc­ withholding its consent to a pooling of inter­ payment of any kind from any person or en­ ess may be served in any district in which ests, to a sale or exchange of assets or secu­ tity with whom such fund or program trans­ the defendant is an inhabitant or in which he rities, or to any other' business consolidation acts. may be found. among its existing franchisees, provided the constituents are each in material compli­ SECTION 6. PROCEDURAL FAIRNESS Subsection (d) states that nothing in this section shall prohibit an authorized State of­ ance with their respective obligations to the Subsection (a) prohibits a franchisor from ficial from proceeding in State court on the franchisor. requiring any term or condition in a fran­ basis of an alleged violation of any civil or Subsection (h) establishes six occurrences chise agreement, or in any agreement ancil­ criminal statute of such State. which shall not be considered transfers re­ lary or collateral to a franchise, which vio­ quiring the consent of the franchisor under a lates the Act. It also prohibits a franchisor SECTION 8. TRANSFER OF A FRANCHISE franchise agreement and for which the from requiring that a franchisee relieve any Subsection (a) permits a franchisee to as­ franchisor shall not impose any fees or pay­ person from a duty imposed by the Act, ex­ sign an interest in a franchised business and ments or changes in excess of the cept as part of a settlement of a bona fide franchise to a transferee if the transferee franchisor's cost to review the matter. dispute, or assent to any provision which satisfies the reasonable qualifications gen­ Subsection (i) prohibits a franchisor from would protect any person against any liabil­ erally applied in determining whether or not enforcing against the transferor any cov­ ity to which he would otherwise be subject a current franchisee is eligible for renewal. If enant of the franchise purporting to prohibit under the Act by reason of willful misfea­ the franchisor does not renew a significant the transferor from engaging in any lawful sance, bad faith, or gross negligence in the number of its franchisees, then the trans­ occupation or enterprise after the transfer of performance of duties, or by reason of reck­ feree may be required to satisfy the reason­ a transferor's complete interest in a fran­ less disregard of obligations and duties under able conditions generally applied to new chise. This subsection does not limit the the franchise agreement. Nor may a franchisees. The qualifications must be franchisor from enforcing a contractual cov­ franchisor require that a franchisee agree to based upon legitimate business reasons. If enant against the transferor not to exploit not make any oral or written statement re­ the qualifications are not met, the the franchisor's trade secrets or intellectual lating to the franchise business, the oper­ franchisor may refuse to permit the transfer, property rights except by agreement with ation of the franchise system, or the provided that the refusal is not arbitrary or the franchisor. October 14, 1998 EXTENSIONS OF REMARKS 26377 SECTION 9. TRANSFER OF FRANCHISE BY Subsection (b) creates an exception to this H. CON. RES. 283 ON TIBET FRANCHISOR section if, before a new outlet(s) opens for Subsection (1) prohibits a franchisor from business, a franchisor offers in writing to SPEECH OF transferring interest in a franchise by sale or each franchisee of an established outlet con­ HON. HOWARD L. BERMAN in any other manner unless he give notice cerned to pay to the franchisee an amount thirty days prior to the effective date of the equal to fifty percent of the gross sales of OF CALIFORNIA transfer to every franchisee of his intent to the new outlet(s), for the first twenty-four IN THE HOUSE OF REPRESENTATIVES transfer the interest. months of operation of the new outlet(s), if Friday, October 9, 1998 the sales of the established outlet decline by Subsection (2) requires that the notice Mr. BERMAN. Mr. Speaker, I am proud that given contains a complete description of the more than five percent in the twelve months business and financial terms of the proposed immediately following establishment of the House Concurrent Resolution 283, expressing transfer or transfers. new outlet(s), as a consequence of the open­ the sense of the Congress on the December Subsection (3) requires that the entity as­ ing of such outlet(s). 1997 report on Tibet of the International Com­ suming the franchisor's obligations have the Subsection (c) places upon the franchisor mission of Jurists and on United States policy business experience and financial means nec­ the burden of proof to show that, or the ex­ on Tibet, is being considered now. essary to perform the fanchisor's obliga­ tent to which, a decline in sales of a estab­ I offered this Resolution in an effort to main­ tions. lished franchised outlet occurred for reasons tain the world's attention on developments in SECTION 10. INDEPENDENT SOURCING OF GOODS other than the opening of the new outlet(s), Tibet. A comparable provision has been of­ AND SERVICES if the franchisor makes a written offer under subsection (b) or in an action or proceeding fered and passed in the Senate. With 66 co­ Subsection (a) prohibits a franchisor from brought under section 12. sponsors in the House, this resolution has prohibiting or restricting a franchisee from strong bipartisan support. obtaining equipment, fixtures, supplies, SECTION 12. PRIVATE RIGHT OF ACTION Tibet remains on the American foreign pol­ goods or services used in the establishment Subsection (a) gives a party to a franchise icy agenda today and it remains on the inter­ or operation of the franchised business from who is injured by a violation or impending national community's agenda largely because sources of the franchisee's choosing, except violation of this Act a right of action for all that such goods or services may be required damages caused by the violation, including the U.S. Congress does not let anyone forget to meet established uniform system-wide costs of litigation and reasonable attorney's what is happening to Tibetans and Tibet cul­ quality standards promulgated or enforced fees, against any person found to be liable ture under Chinese rule. This resolution re­ by the franchisor. for such violation. flects our serious concern for the plight of the Subsection (b) requires that if the Subsection (b) makes jointly and severally Tibetan people and our strong support for the franchisor approves vendors of equipment, liable every person who directly or indi­ Dalai Lama's efforts to enter into serious dis­ fixtures, supplies, goods, or services used in rectly controls a person liable under sub­ cussions with the Chinese leadership on the the establishment or operation of the fran­ section (a), every partner in a firm so liable, future of Tibet. chised business, the franchisor will provide every principal executive officer or director The resolution cites a recent and com­ and continuously update an inclusive list of of a corporation so liable, every person occu­ prehensive report by the International Com­ approved vendors and will promptly evaluate pying a similar status or performing similar and respond to reasonable requests by functions and every employee of a person so mittee of Jurists entitled "Tibet: Human Rights franchisees for approval of competitive liable who materially aids in the act or and the Rule of Law." It is the fourth report on sources of supply. The franchisor shall ap­ transaction constituting the violation, un­ Tibet by this distinguished body since 1959 prove not fewer than two vendors for each less that person who would otherwise be lia­ and their first since 1964. The December 1997 piece of equipment, each fixture, each sup­ ble hereunder had no knowledge of or reason­ report was inspired by the situation in Tibet ply, good, or service. able grounds to know of the existence of the that by all credible accounts, including the De­ Subsection (c) requires a franchisor and its facts by reason of which the liability is al­ partment of State, remains unsettled and in affiliates officers and/or its managing leged to exist. many ways has grown more desperate. agents, must fully disclose whether or not it Subsection (c) states that nothing in the The President has appointed a Special Co­ receives any rebates, commissions, pay­ Act shall be construed to limit the right of ordinator for Tibetan Issues. Until recently, this ments, or other benefits from vendors as a a franchisor and a franchisee to engage in ar­ result of the purchase of goods or services by bitration, medication, or other nonjudicial position was held by Mr. Gregory Craig of the franchisees and requires a franchisor to pass dispute resolution, either in advance or after U.S. Department of State. I understand that he all such rebates, commissions, payments, a dispute arises, provided that the standards has played a very active and productive role and other benefits directly to the franchisee. and protections applied in any binding non­ behind the scenes in promoting discussions Subsection (d) requires a franchisor to re­ judicial procedure agreed to the parties are between the Dalai Lama and his representa­ port not less frequently than annually, using not less than the requirements set forth in tives and the Chinese. I would hope that fur­ generally accepted accounting principles, the Act. ther progress will be made on opening this the amount of revenue and profit it earns Subsection (d) prohibits an action from dialogue as President Jiang Zemin indicated from the sale of equipment, fixtures, sup­ being commenced more than five years after that he would do during his summit meeting plies, goods, or services to the franchisee. the date on which the violation occurs, or Subsection (e) excepts reasonable quan­ three years after the date on which the vio­ with President Clinton. Discussions must lead tities of goods and services that the lation is discovered or should have been dis­ to negotiations and a positive outcome to franchisor requires the franchisee to obtain covered through exercise of reasonable dili­ those negotiations would improve substantially from the franchisor or its affiliate from the gence. American relations with China. requirements of subsection (a), but only if Subsection (e) provides for venue in the ju­ Finally, I would like to draw the House's at­ the goods and services are central to the risdiction where the franchise business is lo­ tention to the continuing detention of Gendun franchised business and either are actually cated. Choekyi Nyima. Over three years ago, the manufactured or produced by the franchisor Subsection (f) states that the private Dalai Lama announced the recognition of this or its affiliate, or incorporate a trade secret rights created by the Act are in addition to, owned by the franchisor or its affiliate. young boy, then only six, as the Panchen and not in lieu of, other rights or remedies Lama of Tibet. Within days, this child dis­ SECTION 11. ENCROACHMENT created by Federal or State law. appeared from his home. It was not until a Subsection (a) prohibits a franchisor from SECTION 13. SCOPE AND APPLICABILITY year later that the Chinese Ambassador to placing, or licensing another to place, one or Subsection (a) applies the requirements of Geneva admitted to a meeting of the United more, new outlet(s) in unreasonable prox­ the Act to franchise agreements entered imity to an established outlet, if (i) the in­ Nations Committee on the Rights of the Child into, amended, exchanged, or renewed after that Gendun Choekyi Nyima was under the tent or ·probable effect of establishing the the date of enactment of the Act, except as new outlet(s) is to cause a diminution of provided in subsection (b). "protection" of the Chinese government. Re­ gross sales by the established outlet of more Subsection (b) delays implementation of peated requests from governments and private than five percent of the twelve months im­ Section 3 of the act until ninety days after humanitarian organizations to meet with the mediately following establishment of the the date or enactment of the Act and applies boy have been denied. No one knows where new outlet(s), and (ii) the established Section 3's requirements only to actions, he is nor the conditions under which he lives. franchisee offers goods or services identified practices, disclosures, and statements occur­ It is unconscionable that in today's world a by the same trademark as those offered by ring on or after such date. the new outlet(s), or has premises that are young child, now nine years old, has appar­ identified by the same trademark as the new SECTION 14. DEFINITIONS ently become a pawn in Beijing's political ef­ outlet(s). Defines terms used in the Act. forts to control Tibet. 26378 EXTENSIONS OF REMARKS October 14, 1998 I would like in particular to thank MR. PoR­ Rep. Pelosi-{)5/22198. since the Cultural Revolution, an increase in TER, an original cosponsor of this resolution; Rep. Dixon-{)6/25/98. political arrests, suppression of peaceful pro­ Mr. GILMAN, chairman of the International Re­ Rep. Nadler-{)6/25/98. tests, and an accelerated movement of Chi­ Rep. Skaggs-{)6/25/98. lations Committee, and Mr. BEREUTER, chair of nese people to Tibet; and Rep. Farr-{)6/25/98. (B) in 1997, a senior office of the People's the Asia and Pacific Subcommittee, on which Rep. Pappas-{)6/25/98. Republic of China labeled the Tibetan Bud­ I serve as Ranking Member, for doing all they Rep. Frank-{)6/25/98. dhist culture, which has flourished in Tibet could to see that this resolution was brought Rep. Rivers-{)7/17/98. since the seventh century, as a "foreign cul­ forward for consideration. I appreciate the ef­ Rep. Roybal-Allard-{)7/17/98. ture" in order to facilitate indoctrination of forts they both made to achieve a compromise Rep. Solomon-{)7/17/98. Tibetans in Chinese socialist ideology and which would permit the House to consider this Rep. Pascrell-{)7/17/98. the process of national and cultural integra­ Rep. Goodling-{)7/17/98. tion; initiative. I would also like to note the contribu­ Rep. Gejdenson-{)8/06/98. tion made by Mr. BEREUTER's subcommittee (2) supports the recommendations con­ Rep. John Lewis-{)8/06/98. tained in the report referred to in paragraph counsel, Dan Martz, who has negotiated in Rep. Stark-{)8/06/98. (1) that- good faith with my staff to reach accommoda­ Rep. McGovern-08/06/98. (A) call on the People's Republic of China­ tion on this legislation. I understand that Mr. Rep. Sherman- 08/06/98. (i) to ensure respect for the fundamental Martz will be soon leaving the subcommittee Rep. English-{)8/06/98. human rights of the Tibetan people; and staff to join the private sector in New York Rep. Dreier-{)8/06/98. (11) to end those practices which threaten Rep. Sanders-{)8/06/98. to erode the distinct cultural, religious, and City. His advice will be missed in the sub­ Rep. Rangel-{)8/06/98. linguistic identity of the Tibetan people; committee but we all wish him well in his next Rep. G. Miller-{)9/23/98. endeavor. Rep. Christensen-{)9/23/98. (B) call on the United Nations General As­ I urge my colleagues to join me in intro­ Rep. Inglis-{)9/23/98. sembly to resume its debate on Tibet; and ducing this resolution which calls for the re­ Rep. Kilpatrick-{)9/23/98. (C) call on the Dalai Lama or his rep­ resentatives to enter into discussions with lease of Gendun Choekyi Nyima, the 11th Rep. Salmon-10/05/98. Rep. McKinney-10/07/98. the Government of the People's Republic of Panchen Lama of Tibet, and for a dialogue China; between the Dalai Lama and Chinese authori­ H. CON . RES. 283 (3) commends the appointment by the Sec­ ties. Whereas the International Commission of retary of State of a United States Special H. CON. RES. 283 Jurists is a nongovernmental organization Coordinator for Tibetan Issues- (A) to promote substantive dialogue be­ Sponsor: Rep. Berman (introduced 05/22198). founded in 1952 to defend the rule of law throughout the world and to work toward tween the Government of the People's Re­ 66 Cosponsors the full observance of the provisions of the public of China and the Dalai Lama or his Rep. Porter-{)5/22198. Universal Declaration of Human Rights; representatives; Rep. D. Payne-{)5/22/98. Whereas in 1959, 1960, and 1964 the Inter­ (B) to coordinate United States Govern­ Rep. Lan tos-{)5/22198. national Commission of Jurists examined ment policies, programs, and projects con­ Rep. Lowey-{)5/22198. Chinese policy in Tibet, violations of human cerning Tibet; Rep. Wolf-{)5/22198. rights in Tibet, and the position of Tibet in (C) to consult with the Congress on policies Rep. C. Smith-{)5/22198. international law; relevant to Tibet and the future and welfare Rep. J. Kennedy-{)5/22198. Whereas these findings were presented to of all Tibetan people, and to report to the Rep. Scarborough-{)6/25/98. the United Nations General Assembly, which Congress in accordance with the require­ Rep. Menendez-{)6/25/98. adopted three resolutions (in 1959, 1961, and ments of section 536(a) of the Foreign Rela­ Rep. Hinchey-{)6/25/98. 1965) calling on the People's Republic of tions Authorization Act, Fiscal Years 1994 Rep. Borski-{)6/25/98. China to ensure respect for the fundamental and 1995 (Public Law 103--236); and Rep. Woolsey-{)6/25/98. human rights of the Tibetan people and for (D) to advance United States policy which Rep. LoBiondo-{)6/25/98. their distinctive cultural and religious life, seeks to protect the unique religious, cul­ Rep. Ehlers-{)7/17/98. and to cease practices which deprive the Ti­ tural, and linguistic heritage of Tibet, and to Rep. Allen-{)7/17/98. betan people of their fundamental human encourage improved respect for Tibetan Rep. Waxman-{)7/17/98. rights and freedoms; human rights; Rep. S. Brown-{)7/17/98. Whereas in December 1997, the Inter­ (4) calls on the People's Republic of China Rep. King-{)7/17/98. national Commission of Jurists issued a to release from detention the 9-year-old Rep. Meehan-{)7/17/98. fourth report on Tibet, examining human child identified by the Dalai Lama as the Rep. Faleomavaega-{)8/06/98. rights and the rule of law; Panchen Lama, Gedhun Choekyi Nyima, to Rep. Cramer-{)8/06/98. Whereas the President of the United States his home in Tibet from which he was taken Rep. Olver-{)8/06/98. has repeatedly indicated his support for sub­ on May 17, 1995, and to allow him to pursue Rep. Calvert-{)8/06/98. stantive dialogue between the Government his religious studies without interference Rep. Forbes-{)8/06/98. of the People's Republic of China and the and according to tradition; Rep. Kelly-{)8/06/98. Dalai Lama or his representatives; and (5) recognizes that the Dalai Lama is not Rep. Adam Smith-{)8/06/98. Whereas on October 31, 1997, the Secretary seeking independence but genuine autonomy Rep. Underwood-{)8/06/98. of State appointed a Special Coordinator for and calls on the People's Republic of China Rep. Engel-{)8/06/98. Tibetan Issues to oversee United States pol­ to respond positively to the Dalai Lama's Rep. Kennelly-{)9/23/98. icy regarding Tibet: Now, therefore be it proposal for Tibet and to enter into discus­ Rep. Ackerman-{)9/23/98. Resolved by the House of Representatives (the sions with him or his representatives; Rep. Furse-{)9/23/98. Senate concurring), That the Congress- (6) commends the President for publicly Rep. Watts-{)9/25/98. (1) expresses grave concern regarding the urging President Jiang Zemin, during their Rep. Slaughter- 10/05/98. findings of the report of the International recent summit meeting in Beijing, to engage Rep. C. Maloney-{)5/22198 . Commission of Jurists on Tibet issued in De­ in dialogue with the Dalai Lama; and Rep. Abercrombie-{)5/22198. cember 1997, that- (7) calls on the President to continue to Rep. Rohrabacher-{)5/22198. (A) repression in Tibet has increased stead­ work to secure an agreement to begin sub­ Rep. Gilman-{)5/22198. ily since 1994, resulting in heightened control stantive negotiations between the Govern­ Rep. Cox-{)5/22198. on religious activity, a denunciation cam­ ment of the People's Republic of China and Rep. Lofgren-{)5/22198. paign against the Dalai Lama unprecedented the Dalai Lama or his representatives.