January 7, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E13 EXTENSIONS OF REMARKS

A TRIBUTE TO LAURA tect. Long Beach enjoys a more vital cultural will get them across the border. Often, it is KILLINGSWORTH—GIFTED PER- climate because of her significant talents and not. For many, the story ends in robbery, vio- FORMER AND CIVIC LEADER efforts, and it is because of her lifetime of lence, rape or worse. achievement that we honor her today. Today, I am introducing the Alien Smuggler HON. STEPHEN HORN f Punishment Act, which increases the minimum penalties for criminals convicted of smuggling OF CALIFORNIA PROTECT OUR FLAG IN THE HOUSE OF REPRESENTATIVES aliens into the United States. This legislation is designed to send the message that preying on Wednesday, January 6, 1999 HON. JO ANN EMERSON innocent victims and then escaping across the Mr. HORN. Mr. Speaker, I rise today to pay OF MISSOURI border will no longer be tolerated. tribute to one of the leading citizens of Long IN THE HOUSE OF REPRESENTATIVES Under current law, an alien smuggler can be Beach who is celebrating her 75th Birthday on sentenced to as little as 18 months in prison, January 24, 1999. A gifted performer and civic Wednesday, January 6, 1999 even if the criminal was armed. Under this bill, leader, Laura Killingsworth has achieved a re- Mrs. EMERSON. Mr. Speaker, I rise today a judge will have stricter guidelines when sen- markable record of performance in scores of to introduce a constitutional amendment for tencing armed smugglers. This legislation will leading roles and making a significant con- the protection of our nation's flag. The flag is ensure that convicted alien smugglers, particu- tribution to the growth and administration of a revered symbol of America's great tradition larly those who carry guns, face penalties as many cultural arts organizations in Long of liberty and democratic government, and it stiff as those of convicted drug dealers and Beach and Southern California. ought to be protected from acts of desecration other violent criminals. Laura Killingsworth has delighted Southland that diminish us all. Mr. Speaker, efforts to stop the damage to audiences as guest soloist with the Long As you know, there have been several at- this nation caused by illegal immigration are Beach Symphony and as leading lady in most tempts to outlaw by statute the desecration of routinely thwarted by alien smugglers. These of the great musicals of our time. She has the flag. Both Congress and state legislatures criminals ignore our nation's laws and take ad- been a favorite because of her stunning voice, have passed such measures in recent years, vantage of those incapable of protecting them- presence, and ability to move audiences only to be overruled later by decisions of the selves. It is my hope that the Alien Smuggler whether in comedy or pathos. Laura has Supreme Court. It is clear that nothing short of Punishment Act will dramatically reduce the starred in the following: Auntie Mame; Ap- an amendment to the Constitution will ensure practice of alien smuggling. plause; Bittersweet; Camelot; Company; Guys that Old Glory has the complete and unquali- f & Dolls; Hello Dolly; I Do, I Do; The King and fied protection of the law. I; Kismet; Kiss Me Kate; A Little Night Music; The most common objection to this kind of THE QUALITY CHILD CARE FOR The Mikado, Naughty Marietta; Rose Marie; amendment is that it unduly infringes on the FEDERAL EMPLOYEES ACT, H.R. 28 Side By Side By Sondheim; 42nd Street; and freedom of speech. However, this objection the Song of Norway. Her most recent role was disregards the fact that our freedoms are not HON. BENJAMIN A. GILMAN as Sara Roosevelt in the musical ``Eleanor, a practiced beyond the bounds of common OF NEW YORK Love Story'', where she appeared to critical sense and reason. As is often the case, there IN THE HOUSE OF REPRESENTATIVES acclaim. are reasonable exceptions to the freedom of Laura's list of civic involvement leadership is speech, such as libel, obscenity, trademarks, Wednesday, January 6, 1999 as long as her performance repertoire. There and the like. Desecration of the flag is this Mr. GILMAN. Mr. Speaker, today I am intro- is hardly an arts organization in Long Beach kind of act, something that goes well beyond ducing the Quality Child Care for Federal Em- which has not benefitted from her leadership the legitimate exercising of a right. It is a whol- ployees Act, H.R. 28, which will improve the ability, sound ideas, and diplomatic skills. ly disgraceful and unacceptable form of be- quality of federal child care facilities through- Laura has served as President of the Long havior, an affront to the proud heritage and out our nation. Beach Symphony Association, the Long tradition of America. I was first introduced to the horrors of inad- Beach Symphony Guild, the Long Beach Civic Make no mistake, this constitutional amend- equate day care by former constituents, Mark Light Opera Association and its Board of ment should be at the very top of the agenda and Julie Fiedelholtz of Pembroke Pines, Flor- Trustees, the Long Beach Public Corporation of this Congress. We owe it to every citizen of ida. Mr. Fiedelholtz asked for my help after the for the Arts, and the Symphony Juniors of the this country, and particularly to those brave tragic death of his 3 month old son, Jeremy. Los Angeles Philharmonic Orchestra. She was men and women who have stood in harm's Left at a day care center for merely two hours, a Founding Member of the Mayor's Commu- way so that the flag and what it stands for little Jeremy died as a result of deplorable nity Arts Committee, the Long Beach Arts might endure. I urge this body to take a strong conditions, unqualified personnel and the bla- Committee, the Long Beach Regional Arts stand for what is right and ensure the protec- tant lack of respect for the laws intended to Council, Board Member of the Long Beach tion of our flag. protect our children. Although this horrifying Community Players and California State Uni- f situation did not take place in a federal center, versity, Long Beach's Fine Arts Affiliates, and clean, safe and quality conditions for our chil- the Opera Ring of the Long Beach Opera. In INTRODUCTION OF THE ALIEN dren need to be ensured in every child care addition to cultural arts organizations, Laura SMUGGLER PUNISHMENT ACT center throughout our nation. has contributed to the community at large as Because many of these child care facilities a Charter Member of the Long Beach Cancer HON. JAMES E. ROGAN are housed in federal buildings, state and local League, Member of the Junior League of Long OF CALIFORNIA authorities have little or no jurisdiction regard- Beach, and Member of the Mayor's Task IN THE HOUSE OF REPRESENTATIVES ing health, fire and safety codes. This Act Force for the Arts. would require all federal centers responsible Her outstanding record of accomplishment Wednesday, January 6, 1999 for maintaining these basic regulations. With has been recognized by the Assistance Mr. ROGAN. Mr. Speaker, on the streets, over one thousand federally owned or oper- League's Rick Racker ``Woman of the Year'' they are known as ``Coyotes.'' To law enforce- ated child care centers in the United States award. She was the first recipient of the ``Dis- ment officials they are known simply as smug- capable of accommodating 200,000 children, tinguished Arts Award'' from the Public Cor- glers. Every night along our 1000-mile borders this legislation is essential. poration for the Arts. with Mexico, hundreds of undocumented After conferring with representatives from Laura Killingsworth is the mother of two aliens are loaded into vans, trucks, car trunks, various federal agencies, I learned that many sons, Greg and Kim, and the wife of Edward and other concealed hiding spots. They all federal centers, such as the facilities operated Killingsworth, internationally acclaimed archi- hope that the few hundred dollars they paid by GSA, follow their own standards which in

∑ 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. E14 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 most instances are higher than most states. I (III) use of ongoing staff development or extent possible, any entity sponsoring an eli- want to stress that it is not the intention of this training activities for the staff of the facil- gible child care center (as defined by the Ad- bill to lower federal agency standards, should ity, including related skills-based testing. ministrator) in an executive facility to com- (3) STATE.—The term ‘‘State’’ has the ply with child care accreditation standards they be greater than the state or local regula- meaning given the term in section 658P of as identified in section 2(2)(A). tions. Instead, we are looking to raise the the Child Care and Development Block Grant (B) COMPLIANCE.—The regulations shall re- standards of those federal centers across the Act (42 U.S.C. 9858n). quire that, not later than 5 years after the country whose standards fall below state and SEC. 3. PROVIDING QUALITY CHILD CARE IN FED- date of enactment of this Act— local codes and hold them accountable for fail- ERAL FACILITIES. (i) the entity shall comply, or make sub- ure to do so. This bill does not allow state or (a) DEFINITION.—In this section: stantial progress (as determined by the Ad- local law enforcement officials to enter federal (1) ADMINISTRATOR.—The term ‘‘Adminis- ministrator) toward complying, with the standards; and facilities to perform checks of any kind unless trator’’ means the Administrator of General Services. (ii) any contract or licensing agreement GSA agrees to it. This option is left up to the (2) ENTITY SPONSORING A CHILD CARE FACIL- used by an Executive agency for the provi- discretion of GSA and is not mandated by this ITY.—The term ‘‘entity sponsoring a child sion of child care services shall include a bill. care facility’’ means a Federal agency that condition that the child care be provided by This legislation includes language which will operates, or an entity that enters into a con- an entity that complies with the standards. help GSA in its quest to provide a more com- tract or licensing agreement with a Federal (A) EVALUATION AND COMPLIANCE.— prehensive day care plan, by allowing GSA to agency to operate, a child care center pri- (4) IN GENERAL.—The Administrator shall marily for the use of Federal employees. evaluate the compliance, with the require- expand its child care services to more children ments of paragraph (1) and the regulations and let its centers join into a consortium of pri- (3) EXECUTIVE AGENCY.—The term ‘‘Execu- tive agency’’ has the meaning given the term issued pursuant to paragraph (2) and (3), of vate businesses and health care providers. in section 105 of title 5, United States Code, child care facilities, and entities sponsoring This provision will enable agencies to partner except that the term— child care services, in executive facilities. with external organizations, conduct pilot pro- (A) does not include the Department of De- The Administrator may conduct the evalua- grams and search for new methods of provid- fense and the Coast Guard; and tion of such a child care center or entity di- ing child care assistance to federal employ- (B) includes the General Services Adminis- rectly, or through an agreement with an- ees. tration, with respect to the administration other Federal agency or private entity, other Our children are so important and the care of a facility described in paragraph (4)(B). than the Federal agency for which the child care facility is providing services. If the Ad- they receive during their first 5 years of devel- (4) EXECUTIVE FACILITY.—The term ‘‘execu- tive facility’’— ministrator determines, on the basis of such opment are essential to raising intelligent and (A) means a facility that is owned or leased an evaluation, that the child care facility or productive members of society. This legislation by an Executive agency; and entity is not in compliance with the require- is a great first step in ensuring the positive de- (B) includes a facility that is owned or ments, the Administrator shall notify the velopment and growth of our children and I leased by the General Services Administra- Executive agency. look forward to working with my colleagues in tion on behalf of a judicial office. (B) EFFECT OF NONCOMPLIANCE.—On receipt the months ahead on additional child care (5) FEDERAL AGENCY.—The term ‘‘Federal of the notification of noncompliance issued measures. agency’’ means an Executive agency or a ju- by the Administrator, the head of the Execu- dicial office. tive agency shall— H.R. 28 (6) JUDICIAL FACILITY.—The term ‘‘judicial (i) if the entity operating the child care Be it enacted by the Senate and House of Rep- facility’’ means a facility that is owned or center is the agency— resentatives of the United States of America in leased by a judicial office (other than a facil- (I) no later than 2 business days after the Congress assembled, ity that is also a facility described in para- date of receipt of the notification correct SECTION 1. SHORT TITLE. graph (4)(B)). any deficiencies that are determined by the This Act may be cited as the ‘‘Quality (7) JUDICIAL OFFICE.—The term ‘‘judicial of- Administrator to be life threatening or to Child Care for Federal Employees Act’’. fice’’ means an entity of the judicial branch present a risk of serious bodily harm; (II) develop and provide to the Adminis- SEC. 2. DEFINITIONS. of the Federal Government. XECUTIVE BRANCH STANDARDS AND trator a plan to correct any other defi- In this Act: (b) E COMPLIANCE.— ciencies in the operation of the center and (1) ACCREDITED CHILD CARE FACILITY.—The term ‘‘accredited child care facility’’ (1) STATE AND LOCAL LICENSING REQUIRE- bring the center and entity into compliance means— MENTS.— with the requirements not later than 4 (A) a facility that is accredited, by a child (A) IN GENERAL.—Any entity sponsoring a months after the date of receipt of the notifi- care accreditation entity, as defined in para- child care facility in an executive facility cation; graph (2); shall— (III) provide the parents of the children re- (B) a facility that is used as a Head Start (i) comply with childcare standards that ceiving child care services at the center and center under the Head Start Act (42 U.S.C. minimally encompass State or local licens- employees of the center with a notification 9831 et seq.) and is in compliance with any ing requirements related to the provision of detailing the deficiencies described in sub- applicable performance standards estab- child care in that geographic area; or clauses (I) and (II) and actions that will be lished by regulation under such Act for Head (ii) obtain the appropriate State or local li- taken to correct the deficiencies and post a Start programs; or censes for the facility. copy of the notification in a conspicuous (C) an armed forces child development fa- (B) COMPLIANCE.—Not later than 6 months place in the facility for a period of 5 working cility that is in compliance with any appli- after the date of enactment of this Act— days or until the deficiencies are corrected, cable performance standards established by (i) the entity shall comply, or make sub- whichever is later; regulation, rule, or military order. stantial progress (as determined by the Ad- (IV) bring the facility and entity into com- (2) CHILD CARE ACCREDITATION ENTITY.—The ministrator) toward complying with sub- pliance with the requirements and certify to term ‘‘child care accreditation entity’’ paragraph (A); and the Administrator that the facility and en- means a non-profit private organization or (ii) any contract or licensing agreement tity are in compliance, based on an on-site public agency that— used by an Executive agency for the oper- evaluation of the facility conducted by an (A) is recognized by a State agency or by a ation of such a child care center shall in- independent entity with expertise in child national organization which serves as a peer clude a condition that the child care be pro- care health and safety; and review panel for the standards and proce- vided by an entity that complies with the ap- (V) in the event that deficiencies deter- dures of public and private childcare or propriate State or local licensing require- mined by the Administrator to be life threat- school accrediting bodies; and ments related to the provision of child care. ening or to present a risk of serious bodily (B) accredits a facility to provide child (2) HEALTH, SAFETY, AND FACILITY STAND- harm cannot be corrected within 2 business care on the basis of— ARDS.—The Administrator shall by regula- days after the date of receipt of the notifica- (i) an accreditation or credentialing in- tion establish standards relating to health, tion, close the facility or the affected por- strument based on peer-validated research; safety, facilities, facility design, and other tion of the facility, until such deficiencies (ii) compliance with applicable State or aspects of child care that the Administrator are corrected and notify the Administrator local licensing requirements, as appropriate, determines to be appropriate for child care of such closure; and for the facility; in executive facilities, and require child care (ii) if the entity operating the child care (iii) outside monitoring of the facility; and facilities, and entities sponsoring child care facility is a contractor or licensee of the Ex- (iv) criteria that provide assurances of— facilities, in executive facilities to comply ecutive Agency— (I) developmentally appropriate health and with the standards. Such standards shall in- (I) require the contractor or licensee no safety standards at the facility; clude requirements that child care facilities later than 2 business days after the date of (II) use of developmentally appropriate be inspected for, and be free of, lead hazards. receipt of the notification, to correct any de- educational activities, as an integral part of (3) ACCREDITATION STANDARDS.— ficiencies that are determined by the Admin- the child care program carried out at the fa- (A) IN GENERAL.—The Administrator shall istrator to be life threatening or to present cility; and issue regulations requiring, to the maximum a risk of serious bodily harm; CONGRESSIONAL RECORD — Extensions of Remarks E15

(II) require the contractor or licensee to (e) COUNCIL.—The Administrator shall es- fied in regulations prescribed pursuant to develop and provide to the head of the agen- tablish an interagency council, comprised of section 5707 of title 5, United States Code.’’. cy a plan to correct any other deficiencies in all Executive agencies described in sub- (c) PROVISION OF CHILD CARE BY PRIVATE the operation of the center and bring the section (d), to facilitate cooperation and ENTITIES.—Section 616(d) of such Act (40 center and entity into compliance with the sharing of best practices, and to develop and U.S.C. 490b(d)) is amended to read as follows: requirements not later than 4 months after coordinate policy, regarding the provision of ‘‘(d)(1) If a Federal agency has a child care the date of receipt of the notification; child care, including areas for nursing moth- facility in its space, or is a sponsoring agen- (III) require the contractor or licensee to ers and other lactation support facilities and cy for a child care facility in other Federal provide the parents of the children receiving services, in the Federal Government. or leased space, the agency, the child care child care services at the facility and em- (f) AUTHORIZATION OF APPROPRIATIONS.— center board of directors, or the General ployees of the facility with a notification de- There is authorized to be appropriated to Services Administration may enter into an tailing the deficiencies described in sub- carry out this section $900,000 for fiscal year agreement with one or more private entities clauses (I) and (II) and actions that will be 2000 and such sums as may be necessary for under which such private entities would as- taken to correct the deficiencies, and to post each subsequent fiscal year. sist in defraying the general operating ex- a copy of the notification in a conspicuous SEC. 4. MISCELLANEOUS PROVISIONS RELATING penses of the child care provider including, place in the facility for 5 working days or TO CHILD CARE PROVIDED BY FED- but not limited to, salaries and tuition as- until the deficiency is corrected, whichever ERAL AGENCIES. sistance programs at the facility. is later; (a) AVAILABILITY OF FEDERAL CHILD CARE ‘‘(2)(A) Notwithstanding any other provi- (IV) require the contractor or licensee to CENTERS FOR ON-SITE CONTRACTORS; PER- sion of law, if a Federal agency does not have bring the facility and entity into compliance CENTAGE GOAL.—Section 616(a) of the Act of a child care program, or if the Administrator with the requirements and certify to the December 22, 1987 (40 U.S.C. 490b), is of General Services has identified a need for head of the agency that the facility and en- amended— child care for Federal employees at an agen- tity are in compliance, based on an on-site (1) in subsection (a), by striking para- cy providing child care services that do not evaluation of the facility conducted by an graphs (2) and (3) and inserting the following: meet the criteria of subsection (a), the agen- independent entity with expertise in child ‘‘(2) such officer or agency determines that cy or the Administrator may enter into an care health and safety; and such space will be used to provide child care agreement with an existing non-Federal, li- (V) in the event that deficiencies deter- and related services to children of Federal censed, and accredited child care facility, or mined by the Administrator to be life threat- employees or on-site Federal contractors, or a planned child care facility that will be- ening or to present a risk of serious bodily dependent children who live with Federal come licensed and accredited, for the provi- harm cannot be corrected within 2 business employees or on-site Federal contractors; sion of child care services for children of days after the date of receipt of the notifica- and Federal employees. tion, close the facility or the affected por- ‘‘(3) such officer or agency determines that ‘‘(B) Prior to entering into an agreement, tion of the facility until such deficiencies such individual or entity will give priority the head of the Federal agency must deter- are corrected and notify the Administrator for available child care and related services mine that child care services to be provided of such closure, which closure may be in such space to Federal employees and on- through the agreement are more cost effec- grounds for the immediate termination or site Federal contractors.’’; and tively provided through this arrangement suspension of the contract or license of the (2) by adding at the end the following: than through establishment of an Executive contractor or licensee. ‘‘(e)(1) The Administrator of General Serv- child care facility. (C) COST REIMBURSEMENT.—The Executive ices must confirm that at least 50 percent of ‘‘(C) The agency may provide any of the agency shall reimburse the Administrator aggregate enrollment in Federal child care services described in subsection (b)(3) if, in for the costs of carrying out subparagraph centers governmentwide are children of Fed- exchange for such services, the facility re- (A) for child care facilities located in an ex- eral employees or on-site Federal contrac- serves child care spaces for children referred ecutive facility other than an executive fa- tors, or dependent children who live with cility of the General Services Administra- to in subsection (a)(2), as agreed to by the Federal employees or on-site Federal con- parties. The cost of any such services pro- tion. If an entity is sponsoring a child care tractors. Each provider of child care services facility for 2 or more Executive agencies, the vided by an agency to a child care facility on at an individual Federal child care center behalf of another agency shall be reimbursed Administrator shall allocate the costs of pro- shall maintain this percentage as a goal for viding such reimbursement with respect to by the receiving agency. enrollment at the center. If enrollment at a ‘‘(3) This subsection does not apply to resi- the entity among the agencies in a fair and center drops below the goal, the provider dential child care programs.’’. equitable manner, based on the extent to shall develop and implement a business plan (d) PILOT PROJECTS.—Section 616 of such which each agency is eligible to place chil- with the sponsoring Federal agency to Act (40 U.S.C. 490b) is further amended by dren in the facility. achieve the goal within a reasonable time- adding at the end the following: (5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR- frame. This plan must be approved by the ‘‘(f)(1) Upon approval of the agency head, ENTS AND FACILITY EMPLOYEES.—The Admin- Administrator of General Services based on an agency may conduct a pilot project not istrator shall issue regulations that require its compliance with standards established by otherwise authorized by law for up to 2 years that each Executive agency that operates a the Administrator, and its effect on achiev- to test innovative approaches to providing child care facility, and each entity that en- ing the aggregate Federal enrollment per- alternative forms of quality child care as- ters into a contract or licensing agreement centage goal. sistance for Federal employees. An agency with an Executive agency to operate a child ‘‘(2) The Administrator of General Services care facility, upon receipt by the facility or head may extend a pilot project for an addi- Administration may enter into public-pri- the agency or entity (as applicable) of a re- tional 2-year period. Before any pilot project vate partnerships or contracts with non- quest by any individual who is a parent of may be implemented, a determination must governmental entities to increase the capac- any child enrolled at the facility, a parent of be made by the agency head that initiating ity, quality, affordability, or range of child a child for whom there has been submitted the pilot project would be more cost effec- care and related services and may, on a dem- an application to enroll at the facility, or an tive than establishing a new child care facil- onstration basis, waive subsection (a)(3) and employee of the facility, shall provide to the ity. Costs of any pilot project shall be borne paragraph (1) of this subsection.’’. individual— solely by the agency conducting the pilot AYMENT OF COSTS OF TRAINING PRO- (A) copies of all notifications of defi- (b) P project. ciencies that have been provided in the past GRAMS.—Section 616(b)(3) of such Act (40 ‘‘(2) The Administrator of General Services with respect to the facility under paragraph U.S.C. 490(b)(3)) is amended to read as fol- shall serve as an information clearinghouse (4)(B)(i)(III) or (ii)(III), as applicable; and lows: for pilot projects initiated by other agencies (B) a description of the actions that were ‘‘(3) If an agency has a child care facility in to disseminate information concerning the taken to correct the deficiencies. its space, or is a sponsoring agency for a pilot projects to the other agencies. (c) APPLICATION.—Notwithstanding any child care facility in other Federal or leased ‘‘(3) Within 6 months after completion of other provision of this section, if 8 or more space, the agency or the General Services the initial 2-year pilot project period, an child care facilities are sponsored in facili- Administration may pay accreditation fees, agency conducting a pilot project under this ties owned or leased by an Executive agency, including renewal fees, for that center to be subsection shall provide for an evaluation of the Administrator shall delegate to the head accredited. Any agency, department, or in- the impact of the project on the delivery of of the agency the evaluation and compliance strumentality of the United States that pro- child care services to Federal employees, and responsibilities assigned to the Adminis- vides or proposes to provide child care serv- shall submit the results of the evaluation to trator under subsection (b)(4)(A). ices for children referred to in subsection the Administrator of General Services. The (d) TECHNICAL ASSISTANCE, STUDIES, AND (a)(2), may reimburse any Federal employee Administrator shall share the results with REVIEWS.—The Administrator may provide or any person employed to provide such serv- other Federal agencies.’’. technical assistance, and conduct and pro- ices for the costs of training programs, con- (e) BACKGROUND CHECK.—Section 616 of vide the results of studies and reviews, for ferences, and meetings and related travel, such Act (40 U.S.C. 490b) is further amended Executive agencies, and entities sponsoring transportation, and subsistence expenses in- by adding at the end the following: child care centers in executive facilities, on curred in connection with those activities. ‘‘(g) All existing and newly hired workers a reimbursable basis, in order to assist the Any per diem allowance made pursuant to in any child care center located in federally entities in complying with this section. this section shall not exceed the rate speci- owned or leased facilities shall undergo a E16 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 criminal history background check as de- historic bond to the region. The resolution also disgust with the President actions. Censure fined in 42 U.S.C. 13401.’’. notes that the Kosovar Albanians seek inde- the President and move on, they say, by a 2- SEC. 5. REQUIREMENT TO PROVIDE LACTATION pendence from Serbia in order to establish a to 1 margin. I agree. But, we have been de- SUPPORT IN NEW EXECUTIVE CHILD CARE FACILITIES. democratic form of government. nied a vote on censure in spite of the fact that The head of each Federal agency shall re- Mr. Speaker, prior to the disintegration of this is what an overwhelming number of Amer- quire that each child care facility first oper- the former Yugoslavia, Kosova was a separate icans have told us that they want. ated after the one-year period beginning on political and legal entity with separate and dis- When I came to Congress 2 years ago I the date of the enactment of this Act by the tinct political, economic, social, judicial, legal, said that while I couldn't agree with anyone Federal agency, or under a contract or li- medical and educational institutions. Before it 100 percent of the time, it was my responsibil- censing agreement with the Federal agency, was forcibly absorbed into Serbia in the late ity as a Representative of the people to LIS- shall provide reasonable accommodations for 1980s, Kosova enjoyed the same legal and TEN 100 percent of the time. My colleagues, the needs of breast fed infants and their political status as the other six republics of the mothers, including by providing a lactation we were sent here to be our constituents eyes area or a room for nursing mothers as part of former Federal Republic of Yugoslavia. and ears. the operating plan for the center. Since Serbian President Milosevic came to Americans want people in their elected Gov- power in 1987 Kosova has been brutally f ernment who know more, not people who stripped of all vestiges of self-rule. We are think they know better. Colleagues, please RESOLUTION ON THE now at a critical juncture in Kosova's history. stop and listen. The American people say we INDEPENDENCE OF KOSOVA Failure on the part of the U.S. and the world must strongly censure the President and get community to take decisive action could lead back to their business. I urge you to vote no HON. JAMES A. TRAFICANT, JR. to further repression, genocide and regional on impeaching the President. instability. Diplomacy has failed. Fighting con- f OF OHIO tinues to rage. Innocent civilians are being IN THE HOUSE OF REPRESENTATIVES slaughtered. Independence may be the only CONGRATULATING COACH PHILLIP Wednesday, January 6, 1999 viable option the Kosovar Albanians have to FULMER AND THE TENNESSEE Mr. TRAFICANT. Mr. Speaker, today I am realize self-determination. It's time for the Clin- VOLUNTEERS ON WINNING THE introducing a House Concurrent Resolution ton Administration to stop coddling Milosevic NATIONAL CHAMPIONSHIP urging the Clinton Administration to publicly and take a stand for freedom and self-deter- declare that the Albanians of Kosova have a mination. HON. VAN HILLEARY f legal right to self-determination and independ- OF TENNESSEE ence from Serbia. It is identical to the resolu- CENSURE THE PRESIDENT AND IN THE HOUSE OF REPRESENTATIVES tion I introduced in the last Congress. I urge GET BACK TO BUSINESS all Members to support this important resolu- Wednesday, January 6, 1999 tion. SPEECH OF Mr. HILLEARY. Mr. Speaker, I rise today to The Clinton Administration has failed to deal congratulate and honor Phillip Fulmer, the forthrightly with the serious situation in HON. ELLEN O. TAUSCHER head football coach of the undefeated, unified Kosova. It is clear that diplomacy has failed in OF CALIFORNIA national champion University of Tennessee stopping Serbian President Slobodan IN THE HOUSE OF REPRESENTATIVES Volunteers. Coach Fulmer is a native of Win- Milosevic's dirty campaign of repression Saturday, December 19, 1998 chester, Tennessee, which I am honored to against the Kosovar Albanians. The time has Mrs. TAUSCHER. Mr. Speaker, from the represent in the United States Congress. come for the United States to support, in no day in early September that the Starr referral In just his first seven years as a head uncertain terms, independence for Kosova. was delivered to the House, I have said that coach, Phillip Fulmer has made his mark as The resolution expresses the sense of the the decision to impeach the President called one of the best coaches in the nation. He has Congress that: 1) the U.S. should publicly de- upon me to consider the Constitution, my con- won a national championship faster than many clare that the Albanians of Kosova have a stituents and my conscience. I have read and of the game's most legendary coaches. His legal right to self-determination and that inde- reread the Constitution and Federalist papers. 67±11 career record gives him the best win- pendence is the only political solution accept- I have heard from over 10,000 of my consist- ning percentage (.859) in Division I±A college able to the Kosovars; 2) the U.S. should, in ent by phone, mail and E±mail. I have football among active coaches. He has led the conformity with its principles and beliefs, sup- searched my conscience. That is why I rise to Volunteers to back-to-back Southeastern Con- port and sponsor the right of self-determina- urge my colleagues to strongly oppose the im- ference Championships over the past two sea- tion for the Kosovar Albanians and this should peachment of the President. sons, and on January 4 led the Vols to the na- be a high priority for restoring peace and se- Let me reiterate that the President's behav- tional championship for the first time since curity to the region; 3) the U.S. should provide ior has been reckless, wrong and harmful to 1951. its share of any financial or other resources his family, friends and the American people. Coach Fulmer's success has not gone un- necessary to facilitate the independence of His efforts to misled the American people noticed by the media or his peers. Earlier this Kosova; 4) the U.S. in conjunction with mem- were inappropriate for the leader of our great month, Fulmer was awarded the Eddie Robin- bers of the United Nations and other multilat- Nation. But, my review of the Constitution son National Coach of the Year Award, and eral organizations, should convene a working leads me to believe that while what the Presi- he was also named the national Coach of the group that deals with the specifics of seces- dent did may be indictable, it is not impeach- Year by the Maxwell Football Club. He was sion in order to prevent future civil conflict able. also recently named the Southeastern Con- from rising to the level of a breach of inter- The President did not undermine our con- ference (SEC) Coach of the Year by the Asso- national peace and security and the facilitates stitutional form of government, nor did he ciated Press and by his fellow SEC coaches. constructive dialogue in order to prevent vio- commit treason or bribery. These are fun- However, Phillip Fulmer is more than a lence; and 5) the U.S. and others should use damental issues that must be considered coach to the young men who play on his any and all means necessary to remove im- when the Congress considers articles of im- team. He genuinely cares about his players, pediments to the Kosovar Albanian's right to peachment. Also, I'm very troubled by the and he leads them on and off the field by set- self-determination. tampering with the separation of powers pro- ting a good example for how they should live The resolution asserts that the Kosovar Al- posed by the House's action against the Presi- their lives. He personally embodies the values banians satisfy the objective requirements for dent. Those who support impeachment speak his players should incorporate into their lives self determination according to well-estab- of the rule of law, but they fail to talk about the long after their football days are over. lished tenets of international law. The Kosovar framers' clear and explicit delineation of the Mr. Speaker, as a University of Tennessee Albanians comprise more than 90 percent of powers of each branch of our Government. It graduate (Class of 1981) and a dedicated Big Kosova's population; share the common lan- is the Judicial branch of government that en- Orange fan who proudly displays a real piece guage of Albanian; are descendants of the forces the rule of law and punishes those who of the old artificial turf where so many great IllyrianÐthe first group to occupy the Balkans violate it. If the President committed perjury, Vols played, I feel qualified to convey to you well before the Common Era; share a com- the grand jury can indict him when his is out the immeasurable joy which Coach Fulmer, mon ethnicity; share a common history in the of office. his staff and his players have brought to Ten- Kosova region; and share a common cultural My constituents and I are searching for a nesseans and Tennessee football fans around identity as ethnic Albanians with an unbroken way to strongly but appropriately register our the world. Coach Phillip Fulmer has shown a CONGRESSIONAL RECORD — Extensions of Remarks E17 great deal of class, dedication and excellence. working Americans can keep more of their devised the veterans equity resource alloca- For that, I say thank you, congratulations, and hard-earned money. tion (VERA) model. we will always cherish the memory of this na- Today, I have introduced five bills which While VERA was a noble effort, it is based tional championship and this dream season. ease the burden of Federal taxation. These on a flawed model. As a research method, f bills will strengthen families and promote eco- VERA is unfairly biased against older veterans nomic growth by cutting income taxes and re- in major metropolitan areas. These veterans HONORING MARY TRUSCOTT moving the penalties imposed on saving and are those in need of inpatient, comprehensive investing. health care, and they will suffer if VERA is al- HON. TILLIE K. FOWLER The first bill in my tax relief package is enti- lowed to go forward as planned. OF FLORIDA tled the Taxpayer Relief Act. This bill cuts This legislation is designed to correct these IN THE HOUSE OF REPRESENTATIVES marginal income tax rates by 10 percent inherent flaws within VERA. Specifically, it across the board. This broad-based tax cut does this in three ways: Wednesday, January 6, 1999 benefits every working American and rewards First, the bill would raise the income level in Mrs. FOWLER. Mr. Speaker, I rise today to hard work and success. the means test by 20% for any veteran who honor one of my constituents who has dedi- The next bill in my package is the Taxpayer lives in a standard metropolitan statistical area cated her life to something of which we speak Fairness Act. This bill allows taxpayers to de- (SMSA) as defined by the Bureau of the Cen- so often in this Chamber, the pursuit of excel- duct the amount of payroll taxes they pay sus. This would make the VA more accessible lence in education. For the past 40 years, each year from their Federal income taxes. It's to veterans who live in high-cost areas, thus Mary Truscott has faithfully served as sec- simply wrong to tax people on income they increasing the number of veterans who use retary and administrative assistant at Father never receive. This bill ends this ridiculous VA in those regions. Lopez High School in Daytona Beach, FL. policy and will benefit millions of middle in- Second, the bill would move veterans with Throughout this time, Mary had a profound come taxpayers, many who pay more in pay- catastrophic health care expenses from cat- positive influence on countless lives and roll taxes than they pay in income taxes. egory ``C'' (those who must meet the means helped to shape our future leaders. She has The third bill in my package is the Job Cre- test for non-service connected care) to cat- been the glue that binds the school together ation Act. This bill will stimulate investment in egory ``A'' (those eligible for free non-service and is a shining constant in an all too rapidly new businesses and good paying jobs by connected care). These veterans are defined changing world. eliminating the capital gains tax. as those individuals whose medical expenses Mary Truscott's 40 years of selfless service The fourth bill in my package is the Senior for the previous year exceeded 7.5% of their to the Father Lopez school community and to Citizen Tax Relief Act. This bill contains three adjusted gross income. the Diocese of Orlando is truly a remarkable provisions. It repeals the 1993 tax increase on Third, the bill would level the playing field accomplishment. To many students and teach- Social Security benefits. It eliminates the earn- between the northeast and southwest by re- ers, she has been a real American hero. As ings limitation for Social Security benefits, moving the high-cost, ``inefficient'' speciality she celebrates her anniversary this coming thereby encouraging more seniors to continue care programs from those funds which can be weekend, I am proud to recognize her accom- working and contributing to our Nation's econ- considered in reallocation calculations under plishments and to express my personal grati- omy. And it eliminates the taxes on estates VERA. The programs removed would include: tude as well as that of the entire Daytona and gifts. While death and taxes may be the Readjustment counseling and treatment, coun- Beach community. only two certainties of life, any individual seling and psychiatric care for the mentally ill, f shouldn't have to encounter both at the same drug and alcohol related programs, programs time. for the homeless, PTSD programs, spinal cord IT’S TIME FOR A TAX CUT The last bill in my package is the Marriage injury programs, AIDS programs and geriatric Penalty Relief Act. Under current law, approxi- and extended care programs. HON. JOE KNOLLENBERG mately 21 million married couples pay about In a memorandum prepared for me by the OF MICHIGAN $1,400 more a year in taxes than they would Congressional Research Service on this legis- IN THE HOUSE OF REPRESENTATIVES if they were single. My bill provides some re- lation, it estimates that this bill would result in an additional 5±6% of veterans in the north- Wednesday, January 6, 1999 lief from this stiff penalty by increasing the standard deduction provided to married cou- east becoming eligible for free health care. Mr. KNOLLENBERG. Mr. Speaker, as we ples so that it equals twice the amount of the That translates to approximately 75,000 addi- begin the new year and the 106th Congress, deduction provided to single taxpayers. tional veterans for New York alone. CRS also there are many things that the American peo- Mr. Speaker, the American people are pay- estimates that if 20% of these veterans seek ple can be optimistic about. Our economy is ing too much in taxes and they want their to use VA services, a conservative assump- growing at a brisk pace. Unemployment is low. Members of Congress to do something about tion, it would result in an increased caseload Inflation is almost non-existent. And interest it. The five bills I have just discussed provide for both VISN #2 and #3 of 15±20%. This rates are down. significant tax relief to the American people. would force a recomputation of VERA distribu- While more Americans are working and These tax cuts benefit every working Amer- tions, and result in more VA health care funds earning more money because of our strong ican. They strengthen working families. They remaining in northern urban areas. economy, excessive taxation is making it hard- promote economic growth. And they restore Accordingly, I urge my colleagues to support er for families to get ahead. When looking at fairness and simplicity to the tax code. this legislation which will help ensure that all the burden taxes impose on the lives of the I urge my colleagues on both sides of the veterans receive equal opportunity to the American people, I am reminded of an obser- aisle to join me in this fight for lower taxes and health care which they have earned, regard- vation offered by Mark Twain. This great yield back the balance of my time. less of where they have chosen to live. American author asked, ``What's the difference f H.R. 24 between a taxidermist and a tax collector?'' Be it enacted by the Senate and House of Rep- He answered, ``the taxidermist takes only your VETERANS HEALTH CARE ALLO- resentatives of the United States of America in skin.'' CATION FAIRNESS ACT OF 1999, Congress assembled, The average family in America is currently H.R. 24 SECTION 1. CRITERIA FOR REQUIRED COPAY- paying more money in taxes than it spends on MENT FOR MEDICAL CARE PRO- housing, food, and clothing combined. In fact, VIDED BY THE DEPARTMENT OF HON. BENJAMIN A. GILMAN VETERANS AFFAIRS. when State and local taxes are added to Fed- OF NEW YORK (a) EXCEPTION BASED ON PRIOR CATA- eral taxes, the average family sees 40 percent IN THE HOUSE OF REPRESENTATIVES STROPHIC HEALTH CARE EXPENSES.—Sub- of its income confiscated by the Government. section (a) of section 1722 of title 38, United This is outrageous. Working Americans should Wednesday, January 6, 1999 States Code, is amended— be allowed to take care of their basic needs Mr. GILMAN. Mr. Speaker, I rise today to in- (1) by striking ‘‘or’’ at the end of paragraph before being asked to finance the Govern- troduce H.R. 24 the Veterans Health Care Al- (2); ment. location Fairness Act of 1999. (2) by striking the period at the end of paragraph (3) and inserting ‘‘; or’’; and With the budget balanced and the Federal In 1996, the Veterans Administration was (3) by adding at the end the following new Government projected to run a surplus of $1.6 mandated by Congress to develop and imple- paragraph: trillion over the next 10 years, the 106th Con- ment a more equitable method for allocating ‘‘(4) the veteran’s expenses for medical gress has a historic opportunity to cut taxes so health care resources. In response, the VA care (as defined in section 213 of the Internal E18 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 Revenue Code of 1986) for the previous year (2) The table of sections at the beginning of will be placed throughout Main Street in rec- are in excess of 71⁄2 percent of the veteran’s such chapter is amended by inserting after ognition of the city's unique relationship with adjusted gross income for the previous year the item relating to section 8116 the follow- the United States. These beautiful handmade (as determined for purposes of the personal ing new item: income tax under the Internal Revenue Code ‘‘8117. Allocation of medical care re- ornaments will be lighted on Christmas Eve, of 1986).’’. sources.’’. 1998, in remembrance of this joyous occasion. (b) ADJUSTMENT IN INCOME THRESHOLDS FOR (b) EFFECTIVE DATE.—Section 8117 of title I commend the people of the city of Arroyo, VETERANS RESIDING IN SMSAS.—Subsection 38, United States Code, as added by sub- Puerto Rico, for their special relationship with (b) of such section is amended by adding at section (a), shall apply with respect to the the United States and congratulate them on the end the following new paragraph: allocation of resources for each fiscal year their 100th Christmas anniversary. ‘‘(3) The amounts in effect for purposes of after fiscal year 1999. f this subsection for any calendar year shall f be increased by 20 percent for any veteran UNDERLYING THE IMPEACHMENT who resides in a Standard Metropolitan Sta- COMMENDING THE CITY OF AR- CRISIS—HISTORY: THE WAY WE tistical Area (SMSA), as defined by the Bu- ROYO, PUERTO RICO ON ITS SEE IT reau of the Census.’’. (c) AMENDMENTS WITHIN EXISTING RE- 100TH ANNIVERSARY OF RELA- SOURCES.—The Secretary of Veterans Affairs TIONS WITH THE UNITED HON. JESSE L. JACKSON, JR. shall carry out the amendments made by STATES OF ILLINOIS this section for fiscal years 2000 and 2001 IN THE HOUSE OF REPRESENTATIVES within the amount of funds otherwise avail- able (or programmed to be available) for HON. LINCOLN DIAZ-BALART Wednesday, January 6, 1999 OF FLORIDA medical care for the Department of Veterans Mr. JACKSON of Illinois. Mr. Speaker, Re- Affairs for those fiscal years. IN THE HOUSE OF REPRESENTATIVES publicans say the underlying issue is not (d) EFFECTIVE DATE.—The amendments Wednesday, January 6, 1999 made by this section shall take effect on about sex, it's about perjury and obstruction of January 1, 2000. Mr. DIAZ-BALART. Mr. Speaker, I rise today justice. Democrats say the underlying issue is SEC. 2. SERVICES FOR MENTALLY ILL VETERANS. to recognize the special relationship between about sexÐa private consensual sexual rela- (a) MEMBERSHIP OF COMMITTEE ON CARE OF the city of Arroyo, Puerto Rico, and the United tionshipÐand the President lied about it, pos- SEVERELY CHRONICALLY MENTALLY ILL VET- States. December 25, 1998, will mark the cen- sibly committing perjury in the process. But ERANS.—Section 7321 of title 38, United tennial Christmas celebrated with the United since lying about sex is not an act that in- States Code, is amended— (1) in subsection (a), by inserting ‘‘and States. volved using his official position against the members of the general public with expertise In the summer of 1898, American troops state, as Nixon did, Democrats say Clinton's in the care of the chronically mentally ill’’ landed in the city of Arroyo, Puerto Rico, to sins do not reach the Constitutional standard in the second sentence after ‘‘chronically help free the Puerto Ricans from Spanish co- for impeachment. mentally ill’’; and lonialism. General John Rutter Brooke and his That is the essence of the arguments we (2) by adding at the end the following new troops spent Christmas in Arroyo that year, heard presented by members of the House subsection: and that event marked the beginning of a Judiciary Committee and members on the ‘‘(e) The Secretary shall determine the terms of service and (for members appointed close and lasting relationship between the floor of the Congress who voted, along par- from the general public) the pay and allow- people of the city of Arroyo and the United tisan party lines, to impeach President Clinton. ances of the members of the committee, ex- States. To memorialize General Brooke, there That is what the current Republicans and cept that a term of service may not exceed is a city street named in his honor. Democrats are saying. What will history say? five years. The Secretary may reappoint any The city of Arroyo resembles many typical Underlying the Clinton impeachment is nei- member for additional terms of service.’’. U.S. small towns, with its ``Main Street USA''. ther sex, nor lying, nor perjury, but American (b) CENTERS FOR MENTAL ILLNESS RE- This central street, running north-south history itself. Essentially the same economic SEARCH, EDUCATION, AND CLINICAL ACTIVI- through the town, is named Calle Morse, after and political forces that drove the presidential TIES.—Paragraph (3) of section 7320(b) of such title is amended to read as follows: Samuel Morse, the inventor of the Morse impeachment process against Andrew John- ‘‘(3) The Secretary shall designate at least code. He came to Arroyo to visit his daughter, son in 1868 are driving the impeachment proc- one center under this section in each service who resided at the Enriqueta estate, and was ess 130 years later. There has been a ``role network region of the Veterans Health Asso- present when the first telegraph line was in- reversal''Ðthe Republicans of 1998 were the ciation.’’. stalled in Puerto Rico in 1858. The city of Ar- Democrats of 1868 and I will show how their SEC. 3. ALLOCATION OF MEDICAL CARE RE- royo has the esteem of being the first location roles reversedÐbut the underlying issue is es- SOURCES FOR THE DEPARTMENT. in Puerto Rico to send a telegraph, welcoming sentially the same; reconstruction. Our na- (a) IN GENERAL.—(1) Chapter 81 of title 38, United States Code, is amended by inserting Puerto Rico to the age of telecommunications. tion's first effort at economic reconstruction after section 8116 the following new section: The historical homes which line Main Street after the Civil War was at issue in 1868, our ‘‘§ 8117. Allocation of medical care resources in Arroyo are fashioned after southern Amer- nation's second effort at economic reconstruc- ‘‘In applying the plan for the allocation of ican styles of architecture, and the citizens of tion after the Civil War, beginning with Brown health care resources (including personnel Arroyo are very proud of this feature of Main in 1954, is at issue in 1998. and funds) known as the Veterans Equitable Street. The old U.S. customshouse in town The end of the Civil War and the adoption Resource Allocation system, developed by has been well-preserved and today is an im- of the 13th Amendment to the Constitution on the Secretary pursuant to the requirements portant center of the city's culture, serving as December 18, 1865 ended legal slavery. Slav- of section 429 of Public Law 104–204 (110 Stat. a museum which traces the historical connec- ery, the Democratic Party, its geography and 2929) and submitted to Congress in March tions with the United States. its ideology were all defeated. But Lincoln's 1997, the Secretary shall exclude from con- The town of Arroyo has taken an active role assassination five days after Appomattox de- sideration in the determination of the allo- cation of such resources the following (re- in defending the United States. From the First nied him and the Republican Party the oppor- sources for which shall be allocated in such World War, to the Second World War, to the tunity to pursue a ``Big Federal Government'' manner as the Secretary determines to be war in Korea, and to Vietnam, to Desert policy of economic reconstruction and political appropriate): Storm, young men from Arroyo have an- enfranchisement for all Americans, leaving no ‘‘(1) Programs to provide readjustment swered the call to duty, and brave soldiers American behind. counseling and treatment. such as Virgilio Sanchez in Korea and Raul When legal slavery ended, there were nine ‘‘(2) Programs to provide counseling and Serrano in Vietnam, have heroically given their million people in the old Confederacy, which treatment (including psychiatric care) for the mentally ill. lives in these wars. was led by the party of Thomas Jefferson. ‘‘(3) Programs relating to drug and alcohol This year marks the 100th Christmas anni- Then, the Democratic Party defined itself in abuse and dependence. versary since that first Christmas that the U.S. exclusive termsÐas slave holders with private ‘‘(4) Programs for the homeless. officially spent in Arroyo. The town did their property rights, which were protected legally ‘‘(5) Programs relating to post-traumatic best to make General Brooke and his troops by ``states' rights'' governments. Four million stress disorder. feel welcome, having to spend Christmas of the southerners were uneducated and un- ‘‘(6) Programs relating to spinal cord dys- function. away from their immediate families. To com- trained former slaves who needed to be edu- ‘‘(7) Programs relating to AIDS. memorate this special Christmas celebration, cated, trained and brought into the economic ‘‘(8) Programs relating to geriatric and ex- students of welding at a local vocational tech- mainstream and politically enfranchised with tended care.’’. nical school have crafted iron ornaments that the right and ability to vote. That didn't include CONGRESSIONAL RECORD — Extensions of Remarks E19 poor and working class whites who had similar dent to reward Johnson's loyalty by nominat- struction of liberalism as a viable political ide- needs and had been exploited, manipulated, ing him for Vice President in the 1864 cam- ology in particular. misused and politically diverted through a paign. Whether these conservative anti-Federal focus on social issues (then, perpetuating the After Lincoln's assassination, President government Republicans are successful or not fear of interracial marriage and sex) by the Johnson focused on putting the Union back to- will be determined by history. There will be a slave owners to preserve and protect the gether, but lacked the Republican commitment few pro-impeachment Democrats thrown in for southern economic system of elite special in- to build a ``more perfect Union'' for all Ameri- good measure because, politically, they must terests. cans. Unlike Lincoln and the Republicans, he factor in the old Democratic forces in the Just eight years earlier, in 1857, in the Dred was willing to preserve the Union by leaving South, now controlled by the Republicans. The Scott decision, the Court had ruled that blacks some Americans behind, sacrificing the rights Republican impeachment strategy can only be had no rights that a white man must respect and interests of the former slaves. As a result, measured by future elections. Will the Amer- and that Congress could not outlaw slavery angry northern Radical Republicans inves- ican people be lead astray again by the Re- anywhere in the U.S. The ConfederacyÐits tigated a vulnerable JohnsonÐwho was not publicans' new sex diversion or will a strong economy, religion, family, social customs, unlike Bill Clinton in terms of his personal foi- political leader be able to get them to focus on mores and politicsÐwas based and built on blesÐto try to come up with an excuse to im- their real economic interests of full employ- the institution of slavery. The Civil War ended peach him. It was a partisan Republican at- ment, comprehensive and universal health slavery, but there were still two outstanding tack on a Democratic President in order to care, affordable housing and a quality public problems: (1) How to bring four million former preserve undertaking the Republicans' First education? HistoryÐnot President Clinton or slaves into the economic mainstream? And (2) Reconstruction program. the current crop of Democrats and How to politically enfranchise them? That was The struggle between these radical progres- RepublicansÐ will render that judgment! the goal of the First Reconstruction and its sive northern Republicans and these radical Today, the political, ideological and geo- goal has never been realized and those twin conservative southern Democrats (Dixiecrats) graphical roots of the anti-reconstruction and problems have never been completely fixed! continued following the Civil War, and finally anti-more-perfect-union effort is in the South, One-hundred-and-thirty-two historically black came to a head in the 1876 presidential elec- though its tentacles have spread beyond the colleges and universities were founded in this tion and Tilden-Hayes Compromise of 1877Ð South. This Republican impeachment effort al- context. which ended reconstruction. Rutherford B. lows us to look at the roots, dynamic and cur- It was a massive Federal government com- Hayes, a Republican, was finally elected rent political structure of this post-Civil War mitment to educate the newly freed slavesÐ President by one vote in the House in ex- and Current conservative political movement. who were nearly half the population of the change for pulling out Federal troops protect- One-hundred-and-thirty-three years after the eleven former confederate statesÐnot a com- ing the newly freed slaves in the South, and ``Great Quake,'' the impeachment of President mitment by those states to educate them. This agreeing to appoint conservative Dixiecrats to Clinton is a mere tremor in the on-going strug- Federal commitment to educate the newly the Supreme Court. The Dixiecrats, with the gle to reconstruct America. freed slaves was determined to be central to help of new ``black laws'' of discrimination, Begin with the Judiciary Committee. Ten of a new black middle-class that could then lift psychological intimidation, physical violence the eighteen Republican members of the Judi- themselves or take advantage of opportunities and murder, were now on their way back to ciary Committee are ultra-conservatives from in the general economy. Northern Republican power in the South. former Confederate states. In the middle of Federal troops were occupying the South after By 1896, the Supreme Court appointments the impeachment hearings, one of them, BOB the Civil War because they could not depend resulted in Plessy, which ushered in Jim Crow, BARR of Georgia, was exposed for having re- on the Democratic South to enforce federal and by 1901 the first Congressional Black cently spoken before a white supremist group. laws. With regard to education, it was the only Caucus was completedly eliminated from Con- Move on to the House Republican leader- way the Federal Government could prevent ra- gress, not to return for three decades. ship. The outgoing Speaker is Newt Gingrich cial discrimination and insure that educated It is the same elitist southern forces and (R±GA), whose history is laced with not-so- blacks had an equal opportunity of getting their continuing anti-Federal government ideol- subtle new racial code words, and the Speak- hired after they were educated and trained. ogyÐexcept today they are called Repub- er-elect is BOB LIVINGSTON (R±LA). Their Lincoln fought to preserve the Union and to licansÐwho want, this time, not to preserve styles are different, but their substance is es- end slavery. He defeated the southern slave but undo the nation's effort at reconstruction, sentially the same. Both abdicated their lead- forces militarily at a national cost of 620,000 a Second Reconstruction begun in 1954 with ership roles in the impeachment crisis only to lives and was prepared to reconstruct the na- BrownÐthe desegregation of all aspects of have another southern conservative, Rep. TOM tion with a Republican program of inclusion American life, from public facilities to private ``The Hammer'' DELAY (R±TX), fill the void. and political enfranchisement. ``Former'' corporate behaviorÐand continued with the He, through intimidation, forced Republicans, Democratic Confederates opposed and re- 1964 Civil Rights Act and 1965 Voting Rights not to vote against censure, but to vote with sisted the ``Big Centralized Republican Federal Act, affirmative action and majority-minority their party on a procedural voteÐwhich, in es- Government'' and wanted ``the government off political districts. The southern Democratic sence, is a vote to kill a vote of conscience for of their states' backs'' so they could go back Party, with the legacy of the Confederacy, censure of the President's private behavior. to a legal system (``States' Rights'') that pro- generally found itself on the wrong side of his- In addition, call the roll of House leadership tected their economic interests (the ability to tory again in the 1960s. Governors George and committee chairmanships in the 105th own slaves). Wallace of Alabama, Lester Maddox of Geor- Congress: RICHARD ARMEY (TX), Majority The identification of Lincoln and the Repub- gia and Orville Faubus of Arkansas were all Leader; BILL ARCHER (TX), Ways & Means; lican Party with ending slavery and commenc- Democrats from Dixie. Renowed segregation- BOB LIVINGSTON (LA), Appropriations; FLOYD ing reconstruction led southern Democrats to ists like Senator Richard Russell of Georgia SPENCE (SC), National Security; THOMAS BLI- refer to Lincoln as the Black President and the and Congressman Howard Smith from Virginia LEY (VA), Commerce; PORTER GOSS (FL), Per- Republican Party as the Black Republican were Democrats. Today's Senators STROM manent Select Committee on Intelligence. Party. Blacks, after Lincoln's assassination, re- THURMOND of South Carolina and RICHARD In the 105th Republican-controlled Senate: mained loyal to the Republican Party until SHELBY of Alabama were originally Dixiecrats, TRENT LOTT (MS), Senate Majority Leader; 1936, Franklin Delano Roosevelt's second but are now Republicans. STROM THURMOND (SC), President Pro Tem term. The New Deal appealed to black eco- Today's conservative southern-based Re- (3rd in line to be President), Chairman, Armed nomic interests. Roosevelt defined a new publicans' target is Second Reconstruction, Services; JESSE HELMS (NC), Senate Foreign more inclusive Democratic Party by offering an especially the ``liberalism'' of Democratic Relations; JOHN WARNER (VA), Rules; RICH- economic agenda that appealed to every President Lyndon Johnson's Great Society, ARD SHELBY (AL), Select Committee on Intel- American. The political history of African but also ultimately including many of the ``Big ligence. Today in Congress there are more Americans shows that their loyalty follows re- Government'' economic programs of Franklin people arguing on behalf of States rights than constructive efforts. Delano Roosevelt's New Deal. The real under- there are people arguing on behalf of building Senator Andrew Johnson was a Tennessee lying dynamic of this impeachment proceeding a more perfect union. That is why fighting Democrat who had refused to join his fellow is not the removal of Bill Clinton, but the re- against racial injustice cannot be relegated to southern Democratic Confederates and stayed moval of the social and economic programs of a department of the government. That is why with the northern Unionists. Lincoln's concern the New Deal and the Second Reconstruction several of the nation's top journalists have about preserving and reunifying the nation fol- of the Great Society, a weakening of the Big chosen to focus on what TRENT LOTT (R±MS) lowing the war led our first Republican Presi- Federal Government generally, and the de- and BOB BARR (R±GA) do with their political E20 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 spare time, including speaking before and want to complete Mr. GINGRICH's 1994 ``Revo- toric problem or build a bridge to the future for having memberships in certain southern politi- lution of Devolution'' by defeating and eliminat- Americans left behind. He has reduced his cal organizations. The institutional nature of ing the twin evil forces of ``liberalism'' and ``Big own defense to a personal defense instead of our historic problem requires eternal vigilance Government'' in the 2000 election. a defense of history. on many fronts and in every election. The Republicans know that, based on the Republicans are trying to impeach recon- The presiding officer at an impeachment information they have gathered, if the Presi- struction. The President's reckless behavior trial in the Senate will be U.S. Supreme Court dent is impeached in the House, he will not be played into the political hands of Dixie's his- Chief Justice William Rehnquist, the ultimate convicted in the Senate. They don't want him tory-driven religiously-based self-righteous pol- conservative states' righter. Nominated to the convicted and out of office, with President Al itics of advancing it's own lost cause. Court by Nixon and elevated to Chief Justice Gore given two years to solidify his hold on To whom much is given, much is required. by Reagan, this intellectually gifted conserv- the White House. They want an impeached, The President was not elected to be our pas- ative, while clerking for Justice Robert H. but not convicted, President twisting in the tor, priest, rabbi or imam. He was elected to Jackson between 1952 and 1953, wrote a wind for two years leading up to the 2000 protect our constitutional rights. All Presidents memorandum arguing in favor of upholding election. This is a continuation of the Novem- are public servants, not perfect servants. His the ``separate but equal'' doctrine of Plessy ber 3, 1998, strategy of the Republican hard error of private behavior and poor public judg- versus Ferguson in preparation for the 1954 liners to motivate and build their conservative ment played perfectly into Dixie's regional poli- decision on Brown. As a conservative Phoenix ``social values'' political base as a diversion tics to undermine a century-and-and-a quarter lawyer, he appeared as a witness before the from economic justice issues. The Repub- of economic progress for all. President Clinton Phoenix City Council in opposition to a public licans will not allow censure because that risked all of that history of social and eco- accommodations ordinance and took part in a would allow Democrats to say that they took nomic progress by lying about an issue of per- program of challenging African American vot- some action against the President for his im- sonal satisfaction. He has not committed trea- ers at the polls. moral actions, which would take away their son as defined by the Constitution as an im- From 1969 until 1971, he served as assist- ``social-moral'' issue for 2000 campaign. peachable offense. His ``teason'' is against the ant attorney general for the Office of Legal What the Republicans want out of this im- cause of building a more perfect union. Counsel. In that position, he supported execu- peachment crisis is a ``family values'' issue for After economic and socially conservative tive authority to order wiretapping and surveil- the 2000 presidential campaign. They want to Presidents Nixon, Ford, Carter (and economic lance without a court order, no-knock entry by say that Clinton's sexual misconduct is the re- conservative, but more liberal socially), the police, preventive detention and abolishing sult of the ``decadent values'' of the 1960's Reagan and Bush, a moderate-to-conservative the exclusionary rule, that is, a rule to dismiss and liberalism generally. In other words, in southern Democrat, President Clinton, has evidence gathered in an illegal way. some form, the Lewinsky matter will become a helped to prepare an economic bridge which As a member of the Burger Court, Republican ``wedge issue'' in the 2000 cam- would allow us to again begin to work on Rehnquist played a crucial role in reviving the paign. The fact that African Americans are so some of the unfinished and unreconstructed debate regarding the relationship between closely identified with both President Clinton tasks of the Civil War. The Monica Lewinsky government and the states. The con- and liberal ``Big Government'' programs fits affair has now reduced the defense of that sequences of Rehnquist's state-centered fed- perfectly with their consistent use of race to di- agenda to a defense of him. eralism surfaced dramatically in the area of in- vide the electorate in presidential campaigns. On December 19, 1998, Republicans are dividual rights. Since the 1960s, the Court had They can send the subliminal race signal while trying to impeach Social Security (privatize it), held that nearly every provision in the Bill of publicly denying they are using race as an affirmative action, Medicare, Medicaid, a clean Rights applies to the states through the Due issue in the campaign, environment, women's freedom to choose, Su- Process Clause of the Fourteenth Amend- The Republican goal in 2000 is to use this preme Court justices who believe in equal pro- ment. Rehnquist voiced his disagreement with strategy to retain control of the House and tection under the law for all Americans, public such a method of determining the constitu- Senate and to gain control of the White education for all over vouchers for some, uni- tional requirements of state action, particularly House. They can then appoint hardcore right versal and comprehensive health coverage in the context of criminal proceedings, urging wing conservatives to the Supreme Court after over medical savings accounts for the few, af- a return to an earlier approach whereby the 2001. Remember, Kenneth Starr's ambition fordable housing for all, versus mansions for a states were not required to comply with the before being sullied by the Lewinsky affair was select few. Bill of Rights but only to treat individuals with to be appointed to the Supreme Court. Something deeper in history than sex, lying ``fundamental fairness.'' Republicans, with Dixie as its geo-political and perjury is at issue hereÐjust as some- Likewise, Rehnquist narrowly construed the and theological center, in control of the execu- thing deeper in history than the removal of a Fourteenth Amendment's mandate to the tive, legislative and judicial branches of the cabinet secretary was at stake in 1868. At states not to deny any person the equal pro- Federal government, could turn the clock back stake in 1868 was the First Reconstruction. At tection of the laws. He contended that all that to a twenty-first century version of the States' stake in 1998 is the Second Reconstruction. the framers of the Fourteenth Amendment Rights days of the 1850s and the 1896 ``sepa- The struggle taking place in Congress and na- hoped to achieve with the Equal Protection rate but equal'' days of Plesssy versus Fer- tionally today is between those political forces Clause was to prevent the states from treating gusonÐnot a return to slavery, but a return to who want to build a more perfect union for all black and white citizens differently. The most the days when equal opportunity for all is Americans, leaving no American behind, and important value for Rehnquist is his state-cen- twisted and converted to equal opportunity for those who want to return an elitist economic tered federalism, followed by private property a limited few. program of more perfect ``States' Rights'' for and individual rights. In other words, his cur- By putting impeachment in the legislative the few. That is what underlies the impeach- rent views are consistent with the core of the rather than the judicial branch of government, ment crisis. states' rights legal philosophy a century-and-a- the framers of the Constitution deliberately [From the Washington Post, Dec. 13, 1998] half-ago, where the individual right to own made it a political-legal affair. Republicans 130 YEARS AGO, PARALLELS UP TO A BOILING have done in 1998, what Democrats did in property (slaves) was to be protected by a POINT 1868. They have use the political-legal nature states' rights government! (Source: The Ox- (By Peter Carlson) ford Companion To The Supreme Court) of the impeachment process to turn it into a To capture a new political base, Repub- The president was a Southern Democrat political-political affair to further their anti-Big who’d risen from the class scorned as ‘‘white licans abandoned the essence of Lincoln and Government aims. trash.’’ His personal life inspired widespread decided to go after Dixie, using social issues Clinton launched a dialogue to talk about snickering. The Republicans who controlled as cover for their narrow economic interests. race, but the real race dialogue is what will Congress detested him. They investigated Barry Goldwater launched this modern con- happen to economic reconstruction in 2001 if every aspect of his life and then voted to im- servative anti-Federal government movement the reactionary Republican strategy works. peach him. With his fate in the hands of a with his 1964 presidential campaign. Ronald Clinton has worked hard to separate the race few moderates, he hired a claque of lawyers Reagan picked it up and sent the same signal dialogue from the economic dialogueÐjoining skilled in nitpicking and pettifoggery. The president was, of course, Andrew John- by launching his southern campaign from with the Republicans in 1997, and ignoring his son. The year was 1868. When news of John- Philadelphia, Mississippi in 1980, in the name strongest liberal supporters today, to cut a son’s impeachment reached Philadelphia, of states' rights, where two Jews and a Black budget deal to ``balance the budget'' with con- Republicans celebrated by firing a 50-gun sa- were murdered, in the name of states' rights, servative Republicans. That deal assures that lute while Democrats threatened to send fighting for the right to vote. Now Republicans there will not be enough money to fix our his- scores of armed men to defy Congress. In CONGRESSIONAL RECORD — Extensions of Remarks E21 1868, unlike 1998, Americans were not blase Northern congressmen were incensed. each $2,000 out of his own pocket. They opted about impeachment. Passions ran high, at Asked Sen. Ben Wade of Ohio: Did any na- to stall. On March 13, they asked for another least at the beginning. The issue was not tion in history ever welcome ‘‘traitors’’ into 40 days to prepare their case. sex—or even perjury. It was far more incen- its Congress as equals? ‘‘Would a man who ‘‘Forty days!’’ roared Rep. Ben Butler, the diary. On paper, the question was whether was not utterly insane advocate such a former Union general who was serving with the president could fire the secretary of war thing?’’ Stevens as a prosecutor. ‘‘As long as it took without the consent of Congress. In reality, Congress refused to seat the Southern dele- God to destroy the world by a flood!’’ it was a battle over Reconstruction—over gations. Johnson was outraged. It was the Butler wanted to start the trial imme- the fate of former Confederates and former beginning of the long battle that led to im- diately. The Senate compromised, schedul- slaves. peachment. ing the case for March 30. Wild rumors spread: Johnson would use the When the Republican-dominated Congress When that day arrived, Chief Justice Salm- Army to stay in power. Confederates were passed a bill giving full citizenship rights to on P. Chase presided over the Senate, which marching toward Washington to help him. blacks, Johnson vetoed it. When Congress was stuffed with 150 extra chairs to accom- The Houston Telegraph reported that the passed a bill funding a Freedmen’s Bureau to modate House members. The President did War Department had been burned, the sec- assist former slaves, Johnson vetoed it. not appear—nor was he expected—but the retary wounded in battle. The Louisville When Congress passed a bill allowing blacks galleries were packed, mostly with well- Democrat asked readers: ‘‘Are you ready in the District of Columbia to vote, Johnson dressed women who had connections to sen- once more to take up the musket?’’ Many vetoed it. ators, who each got four gallery tickets, or Americans were ready to fight. Iowa’s gov- In the South, the all-white ‘‘Johnson gov- to congressmen, who each got two. ernor, who supported impeachment, cabled ernments’’ passed laws denying blacks the ‘‘Congressmen appear to be very good his state’s congressional delegation: ‘‘100,000 right to vote or buy property or own fire- judges of female beauty,’’ the Washington Iowans are ready to maintain the integrity arms. Angry Republicans asked: Are we los- Star reported. ‘‘We looked and looked in vain of the Union.’’ On the same day, a man from ing in peace what we won in war? for a dozen plain-looking women in the gal- Terre Haute cabled Johnson: ‘‘Indiana will But Johnson wasn’t interested in the prob- leries.’’ sustain you with 100,000 of her brave, stal- lems of former slaves. He wanted only to re- Butler delivered the prosecution’s opening wart and tried men.’’ unite the country. He was for union in 1860, statement. He started slowly, droning on For a while, it seemed that America was he said, and he was still for union in 1866. He about this unique historical moment, but on the verge of a second Civil War. But soon broke with the Republicans and toured the soon he was orating grandiloquently: ‘‘By things settled into a spectacle more familiar country campaigning against them. murder most foul he succeeded to the presi- to today’s impeachment watchers—one part His strategy backfired. Republicans won dency and is the elect of an assassin to that drama, one part farce and many, many parts big in the election of 1866. Emboldened, they high office!’’ legal hairsplitting, windy speechifying and started investigating Johnson, spreading ru- After a few hours, Butler’s audience began mind-numbing tedium. mors that he had conspired with the men to wilt but Butler kept going. He was still who killed Lincoln. Over his veto, they en- chugging along on April Fool’s Day, when THE SECRETARY OF WAR WAR acted a Reconstruction Bill that dissolved wags in the press gallery amused themselves ‘‘I am in favor of the official death of An- the ‘‘Johnson governments’’ and put the by sending notes, purportedly from women in drew Johnson,’’ an Indiana congressman said South under military rule. the galleries, to the congressmen on the during the House debate on impeachment. ‘‘I That law gave Secretary of War Edwin floor, and then snickering as they read the am not surprised that one who began his Stanton, who ran the military, a great deal congressmen’s replies. presidential career in drunkenness should of power over Reconstruction. Stanton was When Butler finally finished his opening end it in crime.’’ allied with the Republicans. To keep him in statement, he began calling witnesses who Other congressmen were almost as nasty. office, Congress passed the Tenure of Office had observed the attempt to remove Stanton One said the president was stained with ‘‘the Act, which barred the president from firing from office. The scene they described barely filth of treason.’’ Another called him a ‘‘des- Cabinet secretaries without the consent of rose above farce: Gen. Lorenzo Thomas, the picable, besotted, traitorous man.’’ the Senate. Johnson asked for Stanton’s res- new appointee as secretary, went to Stan- The only American president ever im- ignation. Stanton refused. Johnson asked ton’s office and ordered him to leave. Stan- peached was a tailor by trade. He grew up the Senate to fire him. The Senate refused. ton refused and ordered Thomas to leave. dirt poor in Raleigh, N.C., and didn’t learn to Johnson fired him anyway but Stanton re- Thomas refused. Back and forth it went, read until he married and his bride tutored fused to leave, barricading himself in his of- each man ordering the other to leave, until him. He opened a tailor shop in Tennessee fice. finally Stanton poured two stiff shots of and drifted into politics. He had a gift for or- Johnson’s treasury secretary warned the whiskey and the dueling secretaries sat down atorical invective—populist volleys directed president that he could be impeached if he for a friendly chat. at the Southern planter elite. He was elected persisted in removing Stanton. One witness, a Delaware buddy of Thomas, state legislator, then congressman, then gov- ‘‘Impeach and be damned,’’ Johnson re- recalled his efforts to buck up the general ernor, then senator. plied. during this historic confrontation: ‘‘Said I to In 1860, when Abraham Lincoln was elected THE SHOW him. ‘General, the eyes of Delaware are upon president and Southern states began seced- Slowly, painfully, Thaddeus Stevens, the you.’ ’’ ing from the Union, Sen. Johnson returned aged, sickly leader of the House Republicans, The senators burst out laughing. to Tennessee to campaign against secession. shuffled into the hushed Senate chamber on Next, Butler summoned several newspaper He wasn’t opposed to slavery—he owned a Feb. 25, 1868, followed by a group of congress- reporters to testify about the president’s few slaves himself—but he was loyal to the men. speeches during the 1866 campaign. The re- Union. When Tennessee joined the Confed- ‘‘We appear before you,’’ Stevens said, porters confirmed that the president had in- eracy, Johnson returned to Washington. On ‘‘and in the name of the House of Represent- deed said many nasty things about his Re- the way, he was nearly lynched by a rebel atives and all the people of the United publican congressional enemies. To Butler, mob in Lynchburg, Va. States, do impeach Andrew Johnson, presi- this was proof that Johnson was subverting The only Southern senator who stayed dent of the United States, for high crimes the power of Congress. To most observers, it with the Union, he was a hero in the North— and misdemeanors.’’ was proof of nothing more than politics as ‘‘the greatest man of the age,’’ said the New Clubfooted, gaunt and grim-faced, Stevens, usual. York Times. In 1864, Lincoln chose him as 76, was an avid abolitionist who had spent Tedium was setting in. Many hours were his vice presidential running mate. Feeling a the war urging Lincoln to crush the Confed- spent in the reading of legal documents and tad sick on inauguration day in 1865, John- erates mercilessly, even if ‘‘their whole senatorial speechifying. ‘‘Spectators found son fortified himself with whiskey—too country is to be laid waste.’’ The rebels the proceedings rather uninteresting,’’ the much whiskey. Visibly soused, he delivered hated him so much they detoured on their Star reported. Rep. James Garfield was an incoherent speech, and forever after his way to Gettysburg just to burn down his equally bored: ‘‘This trial has developed, in enemies mocked him as a drunk. Pennsylvania ironworks. After the war, he the most remarkable manner, the insane When Lincoln was assassinated, Johnson lived in sin with his black housekeeper and love of speaking among public men,’’ the inherited the task of reuniting the nation. didn’t much care who gossiped about it. He congressman wrote in a letter. ‘‘We are wad- He was determined to bring the South back sponsored the impeachment bill, and after it ing knee deep in words, words, words . . . and into the Union as quickly as possible. Under passed, 126–47, the House named him to the are but little more than half across the his rules, the rebel states merely had to end committee that would prosecute the presi- turbid stream.’’ slavery and pledge loyalty and they could dent in the Senate. Newspaper editorialists began complaining send representatives to Congress. In Decem- The smart money was betting on convic- about the lack of public interest in the im- ber 1865—only eight months after the war’s tion. Acquittal, the New York Times re- peachment controversy. The Baltimore Ga- end at Appomattox—those representatives ported, ‘‘is looked upon as simply impossible, zette lamented that ‘‘the greatest act known arrived. Chosen in whites-only elections, unless some new and startling development to the Constitution—the trial of a President they included the Confederate vice president, takes place.’’ of the United States’’ was inspiring ‘‘less in- six members of the Confederate Cabinet and The president hired five crafty lawyers, in- terest in the public mind than the report of four Confederate generals. cluding his attorney general, and paid them a prize fight.’’ E22 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 Johnson could have enlivened things by ap- ‘‘Mr. Senator Anthony, how say you?’’ the floor straight in the eye, he closed by in- pearing at his trial but he never did. He also Chase asked. toning the battle hymn of the civil rights refused to make any public comment on im- ‘‘Guilty,’’ said Henry Anthony, a Rhode Is- movement, ‘‘And we shall overcome.’’ One peachment. Privately, he contemptuously land Republican. southern congressman seated next to White referred to the proceedings as ‘‘the show.’’ ‘‘Mr. Senator Bayard, how say you?’’ House counsel Harry McPherson exclaimed Behind the scenes, the president was woo- ‘‘Not guilty,’’ said James Bayard, a Dela- in shocked surprise, ‘‘God damn!’’ ing moderate Republican senators by ap- ware Democrat. That summer, with Johnson hovering over pointing officials whom they supported and Those votes were no surprise. Anthony and it, Congress passed the Voting Rights Act. by sending signals that he would stop ob- Bayard, like most of the senators, had al- The president was so excited that he rushed structing Reconstruction. ‘‘The president,’’ ready announced their opinions. There were over to the Capitol to have a few celebratory the Chicago Tribune reported, ‘‘has been on 35 certain votes for conviction and three un- drinks with Senate Majority Leader Mike his good behavior.’’ decided. The first of the undecided was Wil- Mansfield and Republican Minority leader Finally, at the end of April, both sides liam Pitt Fessenden, a Republican from Everett Dirksen. The next day LBJ pressed began to sum up their cases. The ailing Maine. Martin Luther King Jr. and other black lead- Thaddeus Stevens, who spent most of the ‘‘Mr. Senator Fessenden, how say you?’’ ers to turn their energy to registering black trial huddled under a blanket, rose on Chase asked. voters. wobbly legs to make his final statement. The ‘‘Not guilty.’’ LBJ planned every detail of the signing case was about Reconstruction, he said, Across the country, crowds packed news- ceremony in the Capitol Rotunda. He wanted about how the president had usurped con- paper offices to get news of each vote as it ‘‘a section for special people I can invite,’’ gressional power and helped to create new came over the telegraph. In the White House, such as Rosa Parks (the 42-year-old black Confederate governments in the South. Ste- Johnson also learned of each vote by a sepa- seamstress who refused to give up her seat vens denounced Johnson as a ‘‘wretched rate telegram. on a bus in Montgomery) and Vivian Malone man’’ and a ‘‘pettifogging political trick- The next undecided voter was Sen. Joseph (the first black woman admitted to the Uni- ster,’’ but then his strength gave out and he Fowler. He was from Tennessee, Johnson’s versity of Alabama, in 1963). He told me to had to sit down and let Butler read the rest home state, but he was a Republican who’d get ‘‘a table so people can say, ‘This is the of his speech. frequently voted against the president. table on which LBJ signed the Voting Rights The next day, while another prosecutor ‘‘Mr. Senator Fowler, how say you?’’ Bill.’ ’’ He was exuberant as he drove with me and was delivering a long summation, British Fowler mumbled something that sounded other staffers up to Capitol Hill for the sign- novelist Anthony Trollope fell asleep in the like ‘‘guilty.’’ ing. Riding in the presidential limo he spoke gallery, much to the amusement of the press ‘‘Did the court hear his answer?’’ a senator called out. of a new day, ‘‘If, if, if, if,’’ he said, ‘‘the corps. Negro leaders get their people to register and Then the defense began its summation, and Chase asked the question again. vote.’’ the president’s lawyers more than earned ‘‘Not guilty,’’ Fowler shouted. Now it all came down to Edmund G. Ross. I rarely saw him happier than on that day. their $2,000 fees. They quibbled about the def- For years after that, he fretted that too inition of ‘‘high crimes and misdemeanors’’ A Kansas Republican, Ross was new in office, having replaced a senator who had commit- many black leaders were more interested in and concluded that the president’s actions a rousing speech or demonstration full of ted suicide in 1866. Ross disliked Johnson did not rise to that level. They said the Ten- sound bites and action for the TV cameras and voted against his Reconstruction poli- ure of Office Act was unconstitutional. They than in marshaling the voting power of their cies. He’d been seen as a certain vote for con- said that violating that act couldn’t be an people. impeachable offense because the act hadn’t viction until he sided with Johnson support- Well, if he was looking down on us on Nov. been passed when the Constitution was ers on some procedural motions. Since then, 3—and I’m sure he was up there counting adopted. Finally, in a delightful demonstra- he’d been bombarded by mail demanding votes—he saw his dream come true. Without tion of the art of legal hairsplitting, they that he vote to convict. But he worried that the heavy black turnout, the Democrats claimed that Johnson could not be convicted conviction would damage the presidency for- would not have held their own in the Senate, of removing Stanton from office but only of ever. During the vote, he sat at his desk, picked up seats in the House and moved into attempting to remove Stanton from office. nervously ripping papers into strips. When more state houses. In Georgia, the black After all, Stanton had never left his office— his name was called, he stood up and the share of the total vote rose 10 points to 29 he was still barricaded in his suite at the strips fell to the floor. percent, helping to elect a Democratic gov- War Department. ‘‘Mr. Senator Ross, how say you?’’ ernor and the state’s first black attorney As the speakers droned on, the Washington ‘‘Not guilty.’’ general. Star tracked the daily fluctuations in the It was over. The president was saved by a In Maryland, that share rose eight points betting action. On May 2, the odds were 3 to single vote. His lawyers sprinted to the to 21 percent, saving the unpopular Gov. Par- 1 for conviction. On May 5, the odds were 2 to White House to bring him the news. Johnson ris Glendening from defeat. The black vote 1 for acquittal. The next day, the paper re- wept with joy. He called for whiskey, poured in South Carolina kept Fritz Hollings in his ported: ‘‘Today impeachment stock is as un- shots for his lawyers, and they celebrated Senate seat, defeated Lauch Faircloth in accountably up as it was unaccountably with a silent toast. North Carolina and ensured Chuck Schu- down yesterday. The bulls have it.’’ Back in the Capitol, the senators elbowed mer’s victory over Al D’Amato in New York. On May 6, as prosecutor John Bingham their way through a rowdy crowd. Here and there across the country, the prepared to deliver the final summation of ‘‘Fessenden, you villainous traitor!’’ some- black vote provided the margin of victory for the trial, a false rumor swept the galleries body yelled. Fessenden said nothing and kept democratic governors and congressmen—and that Sen. James Grimes had died. Grimes moving. where Republicans such as the Bush brothers was a Johnson backer, and Republicans in Too ill to walk, Thaddeus Stevens was car- attracted large percentages of Hispanic and the galleries began to sing gleefully: ‘‘Old ried from the chamber in a chair. Seething black voters, helped roll up majorities with Grimes is dead, that bad old man.’’ with rage, he glared down at the crowd. national implications. Justice Chase gaveled for order and then Someone asked him what had happened. The Voting Rights Act is not the only Bingham began his speech. It was a full- ‘‘The country,’’ he screamed, ‘‘is going to thing Democrats can thank LBJ for. Johnson blown barn-burner. ‘‘We stand this day the Devil!’’ captured for the Democratic Party issues pleading for the violated majesty of the law, that were decisively important in this elec- by the graves of half a million martyred [From the Washington Post, Nov. 18, 1998] tion. He got Congress to pass the Elementary and Secondary Education Act, which for the hero-patriots who made death beautiful by THE MAN BEHIND THE VOTES the sacrifice of themselves for their coun- first time told the people they could look to (By Joseph A. Califano, Jr.) the federal government for help in local try.’’ The president most responsible for the After much florid rhetoric, he spoke the school districts. It is his Medicare that Democratic victories in 1998 is the stealth last words of the trial: ‘‘Before man and God, Democrats promised to protect from con- president whom Democrats are loath to men- he is guilty!’’ servative Republican sledgehammers. LBJ tion: Lyndon Johnson. Now it was time to decide the question— was the president who ratcheted up Social In March of 1965, when racial tension was Security payments to lift more than 2 mil- except the senators insisted on discussing high and taking a pro-civil rights stand was lion Americans above the poverty line. the matter in secret sessions for a few days. sure to put the solid South (and much of the Together Medicare and Social Security Finally, on May 16, 1868, they were ready North) in political play, President Johnson have changed the nature of growing old in to vote. addressed a joint session of Congress to pro- America and freed millions of baby boomers CLOSE CALL pose the Voting Rights Act. Flying in the to buy homes and send their kids to college The galleries and the Senate floor were face of polls that showed his position was rather than spend the money to help their packed but the room was absolutely silent as hurting his popularity, he said that ensuring aging parents. The Great Society’s Clean Air Chief Justice Chase called the roll. Convic- everyone the right to vote was an act of obe- and Clean Water Acts, Motor Vehicle Pollu- tion required a two-thirds majority, which dience to the oath that the president and tion, Solid Waste Disposal and Highway meant 36 of the 54 senators, and everyone Congress take before ‘‘God to support and de- Beautification acts have given Democrats a knew that the vote would be close. fend the Constitution.’’ Looking members on lock on environmental issues. CONGRESSIONAL RECORD — Extensions of Remarks E23 LBJ was also the president who created via the bedroom chamber is as long lasting the ’92 photo. And who is Lord? The Post re- the unified budget to include Social Secu- as genocide via war.’’ ports Lord was a regional organizer for the rity, which helped produce a balanced budget southern-based segregationist Citizen Coun- in fiscal year 1969. Without that budget sys- LOTT’S ODD FRIENDS cils. In the ’60s, white Citizen Council mem- tem, President Clinton would not be able to (By Colbert I. King) bers shared the Ku Klux Klan’s views on civil claim credit for producing the first balanced rights but tended to speak and dress better When the Senate convenes in January, its budget in 30 years. and not slink around after dark in white first order of business should be to review As exit polls showed, the Democratic com- hoods. Majority Leader Trent Lott’s fitness to serve mand of the terrain of education, health as guiding light of the world’s most delibera- So much could be said about the Council of care, Social Security, the economy and the tive body. You heard it right. Before the sen- Conservative Citizens. But let’s let Citizens environment—and the growth of the minor- ior senator from Mississippi sits in judgment Informer, the group’s Web site and its other ity vote—paved the road to electoral success of anybody, most of all the president, Lott’s document speak for themselves: in 1998. colleagues ought to pass fresh judgment on With the demise of Newt Gingrich, many ‘‘Given what has come out in the press him. Republicans think it’s time to mute his li- about Mr. Clinton’s alleged [sexual] pref- The need for a closer look arises from re- belous assault on the Great Society pro- erences, and his apparent belief that oral sex cent articles by Port reporter Thomas Edsall grams he loved to hate. Isn’t it also time for is not sex one wonders if perhaps Mr. Clinton on Georgia Republican Rep. Robert Barr’s Democrats to come out of the closet and rec- isn’t America’s first liberal black president. keynote address to the Council of Conserv- ognize the legacy of the president who . . . His beliefs are actually a result of his ative Citizens, a white ‘‘racialist’’ group opened the polls to minorities and estab- inner black culture. Call him an Oreo turned that, among other things, publishes anti- lished federal beachheads in education, inside out’’ (H. Millard, 1998). black screeds capable of making bigots weak health care and the environment. After all, ‘‘Life Magazine, the glossy photo album of in the knees with delight. And Barr isn’t it’s the Democrats’ promise to protect these folksy liberals, has been enlarging depraved alone. Lott and the council have kept com- beachheads and forge forward that accounts miscreants like John F. Kennedy and Martin pany, too. for much of their success this November and Luther King into national heroes for dec- Barr’s link with the council was first dis- offers their best chance to retain the White ades’’ (1998). closed by Harvard Law Prof. Alan House and recapture the House of Represent- Dershowitz during the House Judiciary Com- ‘‘The most important issue facing us is the atives in 2000. mittee’s impeachment hearing. Barr ini- continued existence of our people, the Euro- The writer was President Lyndon John- tially screamed like a stuck pig, claiming he pean derived descendants of the founders of son’s special assistant for domestic affairs. knew nothing about the council’s alleged the American nation. As immigration fills racist and antisemitic agenda. He only our country with aliens, we risk being dis- [From the Washington Post, Dec. 11, 1998] schmoozed it up with council members at posed and, ultimately displaced entirely’’ BARR SPOKE TO WHITE SUPREMACY GROUP their meeting, said Barr, because the group (1995). (By Thomas B. Edsal) enjoyed the blessings of other big-name ‘‘A Formal Protest of the [Arthur] Ashe A spokesman for Rep. Robert L. Barr Jr. southern conservatives, including Trent Statue unveiling ceremony will be held on (R–Ga.) acknowledged yesterday that Barr Lott, whom the council presses to the bosom the site of a Confederate Fortification with was a keynote speaker earlier this year at a as one of its own. Battle Flags. . . . Those with confederate meeting of the Council of Conservative Citi- Lott, now at the peak of his GOP legisla- battle flags will assemble behind the statue. zens, an organization promoting views that tive career and recognizing a banana peel . . . Come early and dress formal (coat and interracial marriage amounts to white geno- when he sees one, demonstrated the public tie) No racial slurs please’’ (Richmond Chap- cide and that Abraham Lincoln was elected relations smoothness that helped get him ter, June 30, 1996). by socialists and communists. where he is today by swiftly denying through ‘‘Black rule in South Africa a total fail- Barr spoke at the organization’s semi- a spokesman any council membership. Lott ure.’’ ‘‘The increase of crime and barbarism annual convention on June 6 in Charleston, has ‘‘no firsthand knowledge of the group’s in South Africa is nothing more than the S.C. His presence was cited by Harvard law views,’’ said the spokesman. Would that emergence of the African ethos, so long sub- professor Alan M. Dershowitz, who testified those words had been uttered under oath. merged by strong pre-deKlerk National No sooner had Lott freed himself from the against the impeachment of President Clin- Party governments’’ (Citizens Informer, group than the head of the council’s national ton at a hearing of the House Judiciary Com- Winter, 1997–98). mittee. Barr, the most outspoken proponent capital branch, Mark Cerr, embraced the of impeachment in the House, serves on the senator as an active member who had spoken ‘‘The Jews’ motto is ‘never forget, and committee. to the group in the past. And guess what? never forgive.’ One can’t agree with the way ‘‘Congressman Barr, who was fully aware The Post next produced a copy of the group’s they’ve turned spite into welfare billions for of this organization’s racist and antisemitic newsletter, Citizens Informer, with who else themselves, but the ‘never forget’ part is agenda, not only gave the keynote address to but Lott on the front page delivering a suck- very sound’’ (‘‘A Southern View,’’ Citizens the CCC’s national board, but even allowed up speech to a council gathering in Green- Informer, 1997). himself to be photographed literally embrac- wood, Miss., in 1992. Lott told those staunch ‘‘Our liberal establishment is using the ing one of their national directors,’’ proponents of preserving the white race from media of television to promote racial inti- Dershowitz wrote Judiciary Committee immigration, intermarriage and ‘‘the dark macy and miscegenation. . . . all of the news Chairman Henry J. Hyde (R–Ill.) last week. forces’’ that are overwhelming America that teams on the major networks have black and In a letter to Hyde responding to the council ‘‘stand[s] for the right principles white newscasters of opposite sexes’’ (Citi- Dershowitz, Barr declared that Dershowitz’s and the right philosophy.’’ zens Informer, 1998). ‘‘accusations are unfounded and deplorable.’’ Lott spokesman John Czwartacki told me And as for Trent Lott’s view of the council Asked to comment on the views of the this week that the ’92 event was just another before the Citizens Informer article appeared council, Brad Alexander, Barr’s spokesman, case of a politician delivering a stump in Edsall’s story? A 1995 council promotional said Barr is working full time on impeach- speech to a local group of unknown political mailer quotes Lott: ‘‘America needs a na- ment, and ‘‘he is not going to take time pedigree—no big deal. What’s more, after tional organization to mobilize conservative, away from it to respond to groundless at- being confronted with evidence of the 1992 patriotic citizens to help protect our flag, tacks by Professor Dershowitz.’’ speech and the group’s views, Lott renounced Constitution and other symbols of freedom.’’ In the letter to Hyde, Barr the council and said he won’t truck with the counterattacked, accusing Dershowitz of likes of them now or henceforth forever- Trent Lott’s column regularly appears in ‘‘condoning the use of racism in court, most more. the Informer newsletter (including its most notably in the O.J. Simpson case,’’ in which Well, not so fast. recent issue in 1998) along with the publica- Dershowitz served as part of the defense If, as it is now being argued in Lott’s be- tion’s offensive racial columns and articles. team. half, the majority leader is not comfortable However, Lott’s spokesman said it would be The World Wide Web site of the Council of with xenophobic, race-baiting bigots, when wrong to associate his boss’s noncontrover- Conservative Citizens is dominated by mate- did he first grow suspicious and really start sial and businesslike column, which is widely rial portraying the ‘‘white race’’ as under keeping his distance from the group? Be- distributed, with the repugnant views and siege. A council columnist described only as cause contrary to claims that he partici- materials published by the council. Fair ‘‘H. Millard’’ writes: pated in the council event in ’92 because he enough. ‘‘Take 10 bottles of milk to represent all didn’t know any better, they seem to have But has Lott kept his distance from the humans on earth. Nine of them will be choc- been keeping company for some time. council—or are the ties long-running and olate and only one white. Now mix all those On my desk is a copy of a page from the cozy? And if the relationship is ended, when bottles together and you have gotten rid of 1997 Citizens Informer with a smiling Trent did he do it, and how clean is the break? Be- that troublesome bottle of white milk. There Lott pictured meeting in his Washington of- fore hearing the case against Bill Clinton, too is the way to get rid of the world of fice with council national officers William D. the Senate and the country need to hear Re- whites. Convince them to mix their few Lord Jr., president Tom Dover and CEO Gor- publican majority leader Trent Lott’s case genes with the genes of the many. Genocide don Lee Baum. Lord and Baum were also in for himself. E24 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 [From the Los Angeles Times, Dec. 21, 1998] acting and speaking out on black causes, and Mr. Speaker, the people of Sacramento GOP IN SOUTH SEES A CIVIL WAR IT CAN WIN as a backdoor power grab for the White have been the fortunate beneficiaries of Roger (By Earl Ofari Hutchinson) House in the year 2000—and they’re right. Fong's great professionalism over the past 38 But as long as Southern Republicans control ‘‘RACISTS LEAD THE IMPEACHMENT BATTLE TO such a huge block of congressional votes, years. I ask all of my colleagues to join with PUNISH CLINTON FOR HIS SOCIAL PROGRAMS they believe that impeachment is the civil me in wishing Roger and his wife Florence AND CIVIL RIGHTS STANDS.’’ war they can win. every future success in their retirement en- Rep. Bob Barr of Georgia gives us an an- Earl Ofari Hutchinson is the author of deavors. swer to why so many House Republicans defy ‘‘The Crisis in Black and Black’’ (Middle f public opinion, ignore the advice of GOP gov- Passage Press, 1998) ernors, reject the advice of party moderates f DESIGNATING THE U.S. NAVY SUP- in the Senate and are willing to paralyze the PORT SITE IN NAPLES AS THE government to nail President Clinton. Barr TRIBUTE TO SACRAMENTO ‘‘THOMAS M. FOGLIETTA SUP- says that they are fighting a civil war. COUNTY ASSESSOR ROGER FONG Since November 1997, Barr has been the PORT SITE’’ point man for Southern Republicans in call- ing for Bill Clinton’s head. This isn’t the HON. ROBERT T. MATSUI HON. JAMES A. TRAFICANT, JR. usual conservative political rage at a politi- OF CALIFORNIA OF OHIO cian they regard as a corrupt, immoral, big- IN THE HOUSE OF REPRESENTATIVES spending, big-government Democrat. IN THE HOUSE OF REPRESENTATIVES Barr, who represents the mostly white, Wednesday, January 6, 1999 Wednesday, January 6, 1999 conservative, suburban 7th District in Geor- Mr. MATSUI. Mr. Speaker, I am honored to Mr. TRAFICANT. Mr. Speaker, today I am gia, is a big booster of the Council of Con- rise today in tribute to one of Sacramento reintroducing legislation to designate the U.S. servative Citizens. This is the outfit that County's most outstanding public servants, Navy facility in Gricignano d'Aversa, Italy, issued ‘‘A Call to White Americans,’’ has de- County Assessor Roger Fong. Today, as Mr. nounced blacks as intellectually inferior, known as the Naples Support Site, as the Fong celebrates his retirement, I ask all of my champions the Confederate flag and main- ``Thomas M. Foglietta Support Site.'' I intro- colleagues to join with me in saluting a great tains tight ties to Klansman David Duke. duced similar legislation in the 105th Con- citizen, husband, and father. In House speeches, Barr has slammed the gress, and I am honored to reintroduce this Congressional Black Caucus, opposed hate As a native of Sacramento, Roger attended legislation on the first day of the 106th Con- crime laws and spending on social programs. public schools in the area. After his exemplary His Web page is linked to the pages of the service in the United States Navy, he grad- gress. most extreme right-wing groups in the na- uated from California State University, Sac- As you well know, Tom Foglietta had a dis- tion. His campaign against Clinton is part of ramento in 1956 with a degree in Business tinguished career in Congress representing the Republican Party’s Southern strategy to Administration. the Philadelphia area of Pennsylvania. Last roll back the civil rights gains and eliminate year he was appointed our Ambassador to the social programs of the 1960s. Roger began his career in the Assessor's office in 1960. For the next 26 years, he held Italy. Ambassador Foglietta's career has been Although Barr is one of the most extreme dedicated to public service. He served for 20 GOP race-baiters in Congress, he has got the nearly every promotional position in that office. political muscle to push the South’s ven- Then, in 1986 he was elected Assessor, a po- years on the Philadelphia City Council. From detta. Southern Republicans control 82 out sition to which he was returned in 1990 and 1976 to 1977 he represented the U.S. Depart- of 228 Republican House seats, by far the 1994 by sizeable margins. ment of Labor in Pennsylvania. From 1980 to largest single bloc in Congress. Clinton’s vic- During Roger's tenure as Assessor, he has 1998 he represented Pennsylvania's First tory in 1992 temporarily derailed the South- focussed on bringing technological advance- Congressional District. ern bloc’s plan to gut civil rights and social ments to his office of 156 employees and a During that time Tom Foglietta distinguished programs. Southern Republicans watched as budget of over $12 million annually. He and himself as a hard working and effective legis- more than 85% of African Americans voted lator. In the 1980s he emerged as one of the for Clinton in 1992 and 1996 and provided the his staff have maintained current ownership swing vote for many Democrats in congres- data and property value on more than 380,000 leading advocates in the Congress of demo- sional and state races this November. Afri- parcels in Sacramento County with a com- cratic reforms in South Korea. As a senior can Americans regard Clinton more favor- bined value in excess of $53 billion. member of the Appropriations Subcommittee ably than Jesse Jackson or Louis Farrakhan. Roger's leadership in the Assessor's office on Foreign Operations he was an outspoken The Southern bloc is distressed that the has earned him statewide recognition. In just advocate in the 1990s for advancing Ameri- Congressional Black Caucus has been Clin- the past 12 years, his professional tasks have ca's role in promoting free markets and demo- ton’s biggest defender against the GOP as- grown immensely as our county's assessment cratic institutions in the newly independent sault and dismayed that far more African states of the former Soviet Union. Americans than whites oppose impeachment. roll has nearly doubled, as has the staff work- These Republicans are disgusted that Clin- load. In addition to his tireless efforts to ensure ton has appointed more blacks to high ad- The professional distinctions which Roger the United States maintained its stature as the ministrative offices than any other presi- has earned are too numerous to list in their moral and democratic leader of the free world, dent, supported minority redistricting in the entirety. But they include recognition as the Tom Foglietta never forgot his constituents South, called for tougher action against Sacramento County Taxpayer League's ``Tax back home. He always maintained close ties church burnings and convened the first-ever Advocate of the Year''; California State Univer- to the working people of the district. He was White House conference to push for tougher sity, Sacramento, ``Alumni Distinguished Serv- always accessible to his constituents and penalties to combat hate crimes. fought hard on their behalf in Congress. Barr and his cohorts are enraged that Clin- ice Award'' recipient; and the Sacramento Chi- ton is the first president since Lyndon John- nese Community Service Center's ``August Throughout his congressional career Am- son to empanel a commission to talk seri- Moon'' honoree. bassador Foglietta maintained close ties to the ously about racial problems and supported Although his professional pursuits have oc- land of ancestorsÐItaly. Many members of the the U.S. Sentencing Commission’s rec- cupied much of his time, Roger has managed Ambassador's large family still reside in Italy. ommendations to ‘‘equalize’’ the dispropor- to make great contributions locally with his Shortly after his election to Congress in 1980, tionate drug sentences given to minority of- tireless community service endeavors. He has a devastating earthquake struck southern Italy. fenders. They are affronted that Clinton in- been an active member in the United Way, on In typical fashion, Tom Foglietta skipped fresh- creased funding for job and education pro- man orientation and other freshman events in grams, made numerous high-profile appear- the Sacramento Symphony Board, St. Hope ances at black churches, conferences and Academy Advisory Board, and the Chinese Congress to be in Italy to participate person- ceremonies on school integration in the American Council of Sacramento, among ally in the relief efforts. South and opposed the anti-affirmative ac- other groups. While in Congress, Tom took notice of the tion Proposition 209 in California. They are Roger has also maintained professional re- poor living and working conditions for Navy distressed that Clinton is the first president lationships with a variety of assessors' organi- personnel at the Naples Support Site in to travel to and support economic initiatives zations. Among these are the Bay Area As- Gricignano d'Aversa. He worked tirelessly as a in Caribbean and sub-saharan African na- sessor's Association, of which he was presi- member of the Appropriations Committee to tions. The faster the Southern Republicans rush dent in 1994. These memberships reflect Rog- improve conditions for Navy personnel serving to dump Clinton, the greater his popularity er's qualities as an incredibly dedicated and at the site. Not surprisingly, his efforts were will be among African Americans. Many hardworking individual who has always put the extremely effective and Navy personnel have blacks see impeachment as a thinly dis- needs of his constituency above all other con- seen a dramatic improvement in the living guised attempt to hammer the president for siderations. conditions at the site. CONGRESSIONAL RECORD — Extensions of Remarks E25 It is only fitting that we name the facility for H.R. 20 not secure the freedom of religion if at the this fine public servant. I urge all of my col- Be it enacted by the Senate and House of Rep- same time it favors one religion over another leagues to support this legislation. resentatives of the United States of America in through official actions. Their philosophy was f Congress assembled, one of even-handed treatment of the different SECTION 1. SHORT TITLE. faiths practiced in America, a philosophy that MONGAUP VISITORS CENTER H.R. This Act may be cited as the ‘‘Upper Dela- was at the very core of what their new nation 20 AND UPPER DELAWARE CAC, ware Scenic and Recreational River was to be about. Somehow, this philosophy is H.R. 54 Mongaup Visitor Center Act of 1999’’. SEC. 2. FINDINGS. often interpreted today to mean that religion The Congress finds the following: has no place at all in public life, no matter HON. BENJAMIN A. GILMAN (1) The Secretary of the Interior approved what its form. President Reagan summarized OF NEW YORK a management plan for the Upper Delaware the situation well when he remarked, ``The IN THE HOUSE OF REPRESENTATIVES Scenic and Recreational River, as required First Amendment of the Constitution was not Wednesday, January 6, 1999 by section 704 of Public Law 95–625 (16 U.S.C. written to protect the people of this country 1274 note), on September 29, 1987. Mr. GILMAN. Mr. Speaker, today I would (2) The river management plan called for from religious values; it was written to protect like to introduce two billsÐone to authorize the development of a primary visitor contact religious values from government tyranny.'' the Mongaup Visitor's Center, H.R. 20 and the facility located at the southern end of the And this is what voluntary school prayer is other to extend the Upper Delaware Citizen's river corridor. about, making sure that prayer, regardless of Advisory Counsel, H.R. 54. (3) The river management plan determined its denomination, is protected. Mr. Speaker, as you may know, in 1978, that the visitor center would be built and op- There can be little doubt that no student erated by the National Park Service. should be forced to pray in a certain fashion along with our good friend and colleague, (4) The Act that designated the Upper Congressman JOE MCDADE, I introduced Fed- Delaware Scenic and Recreational River and or be forced to pray at all. At the same time, eral legislation establishing the Upper Dela- the approved river management plan limits a student should not be prohibited from pray- ware Scenic and Recreational River as a com- the Secretary of the Interior’s authority to ing, just because he/she is attending a public ponent of the National Wild and Scenic Rivers acquire land within the boundary of the river school. This straightforward principle is lost on System. corridor. the liberal courts and high-minded bureaucrats The property proposed as the location of the (5) The State of New York authorized on who have systematically eroded the right to Upper Delaware Scenic and Recreational Riv- June 21, 1993, a 99-year lease between the voluntary school prayer, and it is now nec- er's primary visitor facilityÐthe Mongaup Visi- New York State Department of Environ- mental Conservation and the National Park essary to correct the situation through a con- tor CenterÐis owned by the State of New Service for the construction and operation of stitutional amendment. I urge my colleagues to York's Department of Environmental Con- a visitor center by the Federal Government support my amendment and make a strong servation. The property was acquired by the on State-owned land in the Town of statement in support of the freedom of reli- State in 1986 as part of a much larger pur- Deerpark, Orange County, New York, in the gion. chase of a 10,000-acre tract intended to pro- vicinity of Mongaup, which is the preferred f vide habitat for a population of wintering bald site for the visitor center. eagles. New York State legislation authorizing SEC. 3. AUTHORIZATION OF VISITOR CENTER CRUISES TO NOWHERE ACT 1999 FOR UPPER DELAWARE SCENIC AND Federal development of the property as a visi- RECREATIONAL RIVER. tor center by means of a long-term lease was For the purpose of constructing and oper- HON. FRANK R. WOLF passed in 1993. A legislative support data ating a visitor center for the Upper Delaware OF VIRGINIA package was prepared in 1994 for Federal Scenic and Recreational River and subject to IN THE HOUSE OF REPRESENTATIVES legislation authorizing development of the site, the availability of appropriations, the Sec- Wednesday, January 6, 1999 to appropriate funds for development and to retary of the Interior may— increase the Upper Delaware's operational (1) enter into a lease with the State of New Mr. WOLF. Mr. Speaker, today I am intro- York, for a term of 99 years, for State-owned ducing legislation regarding so-called ``cruises base to provide for year-round operation. land within the boundaries of the Upper The site for the Mongaup Visitor Center to nowhere.'' ``Cruises to nowhere'' are gam- Delaware Scenic and Recreational River lo- bling cruises, ships where a destination, cre- contains abundant natural and cultural re- cated at an area known as Mongaup near the sources and this proposal will identify and de- confluence of the Mongaup and Upper Dela- ated for the sole purpose of allowing pas- velop strategies to protect the Mongaup area's ware Rivers in the State of New York; and sengers to gamble on the high seas on board natural resources, including: wintering bald ea- (2) construct and operate such a visitor a floating casino. The cruises depart from a gles; upland forest; hemlock and laurel gorges center on land leased under paragraph (2). certain state, sail three miles into international waters for gambling, and then return to the and steep slopes; riverline and flood plain for- H.R. 54 same state. States receive no revenue from est, and a mile or river front with natural sand Be it enacted by the Senate and House of Rep- beaches. The possible presence of prehistoric resentatives of the United States of America in the cruises, but must absorb the social costs elements will also be evaluated. Congress assembled, associated with the gambling traffic through The visitor center will benefit the community SECTION 1. EXTENSION OF AUTHORIZATION FOR their state. in many respects. It will serve as an edu- UPPER DELAWARE CITIZENS ADVI- Mr. Speaker, my legislation is about the fun- cational asset, a local museum, a classroom, SORY COUNCIL damental principle that states should be able and meeting place. Bordered by the Delaware The last sentence of paragraph (1) of sec- to determine on their own if they want gam- tion 704(f) of the National Parks and Recre- bling cruises in their state. My colleagues River, the Mongaup River, and New York ation Act of 1978 (16 U.S.C. 1274 note) is State highway route 97 in the town of amended by striking ‘‘20’’ and inserting ‘‘30’’. should be aware that on October 16, 1998, a Deerpark in Orange County, New YorkÐit is federal district court ruled in the state of South f the only center of its kind within an hour's Carolina that federal law preempts certain drive from New York City. Both the proposed VOLUNTARY SCHOOL PRAYER state laws prohibiting ``cruises to nowhere,'' visitor center Mongaup site and the Upper and are therefore unenforceable. (Casino Ven- Delaware valley have enormous unrealized HON. JO ANN EMERSON tures v. Robert M. Stewart, et al. C/A No. 2:98±1923±18, October 1998) The federal law potential to provide both the local and visiting OF MISSOURI cited by the court is a poorly worded 1992 public with an exceptional experience. IN THE HOUSE OF REPRESENTATIVES I am also introducing a bill, H.R. 54, that will amendment to the Johnson Act buried a bill extend the Upper Delaware Citizens Advisory Wednesday, January 6, 1999 designating the ``Flower Garden Banks Na- Council for another ten years. The Upper Mrs. EMERSON. Mr. Speaker, I rise today tional Marine Sanctuary'' (P.L. 102±251). Con- Delaware CAC provides an excellent forum for to introduce a constitutional amendment to en- gress did not intend for the 1992 amendment citizens of the Upper Delaware to have an op- sure that students can choose to pray in to supercede states' rights, and we should act portunity to impact and interact with the Na- school. Regrettably, the notion of the separa- to restore state sovereignty with regard high- tional Park Service and Department of the In- tion of church and state has been widely mis- states, unpoliced and unregulated casino gam- terior. represented in recent years, and the govern- bling around the country. Accordingly, I urge my colleagues to help ment has strayed far from the vision of Amer- Almost every state has a law making it ille- pass these two measures which will benefit ica as established by the Founding Fathers. gal to possess gambling equipment (e.g., slot the State of New York on economic, environ- Our Founding Fathers had the foresight and machines). Thus it should be patently illegal mental and educational levels. wisdom to understand that a government can- for a day-trip gambling boat to dock in a state E26 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 with statues that clearly prohibit such oper- THE STAND-BY-YOUR-AD ACT PREVENTING GOVERNMENT ations, and it was illegal prior to enactment of SHUTDOWNS the 1992 Johnson Act amendment. In the meantime, casino ``cruises to no- HON. DAVID E. PRICE HON. GEORGE W. GEKAS OF PENNSYLVANIA where'' have started operating out of Florida, OF NORTH CAROLINA Georgia, New York, Massachusetts, and IN THE HOUSE OF REPRESENTATIVES South Carolina. Most recently, ``cruises to no- IN THE HOUSE OF REPRESENTATIVES Wednesday, January 6, 1999 where'' are planning to dock in Virginia and Wednesday, January 6, 1999 begin operations out of Virginia Beach. Unless Mr. GEKAS. Mr. Speaker, today I introduced the Government Shutdown Prevention Act, Congress acts soon, almost all other states Mr. PRICE of North Carolina. Mr. Speaker, legislation designed to maintain government bordering the Atlantic Ocean, Pacific Ocean, I don't know if the 1998 campaign season operations that would otherwise be halted due or Gulf of Mexico could expect gambling ships marked a new low in political advertising or to an impasse in budget negotiations between to be docking very soon. not. it is difficult to measure degrees of the Congress and the President. I first introduced The legislation I am introducing today would bottom of the barrel or the volume of mud this legislation in 1989, and since then the make it clear that no preexisting state gam- spread across the air. I know for a fact that need for it has become even more apparent. bling law is weakened, preempted, or super- the 1998 campaign season was more of the Joining me as original cosponsors are Rep- seded by the 1992 Johnson Act amendment. mess that results when intelligent discourse resentatives ROHRABACHER, WYNN, COX, My legislation will restore state sovereignty gives way to attack and counterattack. ISTOOK, PITTS, EHLERS, DAVIS (VA), and with regard to ``cruises to nowhere.'' (It will HAYWORTH. give states the right to debate, vote and ulti- Last year, the House of Representatives Since I entered Congress, there have been mately decide for themselves if they want this took an arduous and promising step toward 8 government shutdowns, costing American type of gambling). If states do choose to per- cleaning up our Nation's political campaigns. taxpayer millions of dollars and diminishing his mit ``cruises to nowhere,'' they can enact ap- We passed the Shays-Meehan campaign re- confidence in elected officials. The estimated propriate legislation, but will not be forced to form bill, which had been amended to include cost of the 21-day shutdown of the 104th Con- by the federal government. a version of the Stand-by-Your-Ad proposal gress was $44 million per day! During the first Mr. Speaker, I encourage my colleagues to that Representative STEPHEN HORN and I in- shutdown in the 104th Congress, 800,000 fed- join me in this fundamental issues of restoring troduced in 1997. Unfortunately, the leader- eral employees were ``furloughed''. Budget ne- states' rights. In particular, I urge members ship of the Senate lacked the political will to gotiations between Congress and the Presi- from coastal states to take a look at this issue see campaign reform through to a conclusion. dent should be about the American people, and join me as a cosponsor. I hope that 1999 will prove a more fruitful year not a battleground for public relations. This bill accomplishes a very simple func- H.R. — for campaign reform. tion: to keep funding at levels allowing appro- Be it enacted by the Senate and House of Rep- In that light, Representative HORN and I are priators to complete their work while keeping resentatives of the United States of America in once again introducing the Stand-by-Your-Ad the government operating. This bill essentially Congress assembled, proposal. Our legislation would require can- works as an automatic continuing resolution, SECTION 1. SHORT TITLE. didates to appear full-screen in television ads providing for funding at the previous year's This Act may be cited as the ‘‘Cruises-to- and thus take responsibility for them. Can- levels so the government can continue to op- Nowhere Act of 1999’’. didates would be required to provide com- erate, even through an impasse in budget ne- SEC. 2. FINDINGS. parable disclosure, boldly and clearly, in both gotiations. The legislation protects Medicare, The Congress finds and declares the follow- Medicaid and Social Security by guaranteeing ing: radio and print ads. These enhanced disclo- sure requirements would also apply to party that they remain at their current funding levels. (1) Gambling cruises-to-nowhere are voy- As Members of Congress, we are duty- an independent committees. ages in which a vessel departs a State, sails bound by the Constitution to forge a budget 3 miles into international waters for the pri- It is too easy for candidates to attack one mary purpose of offering gambling beyond for the American people. At times our ideologi- the jurisdication of Federal and State laws another on television without the voter know- cal disagreements have led to heartaches for prohibiting that activity, and returns to the ing who is behind the dirt. Candidates can ob- our constituents. I propose, through this legis- same State. scure their identities with postage stamp size lation, that we provide an environment where- (2) Legal authorities have ruled that exist- disclaimers. We need to make effective the re- upon we can work together and negotiate in ing State laws cannot stop the operation of quirement that candidates say who they are good faith, and strive to reach a compromise gambling cruises-to-nowhere, on the basis and take responsibility for their ads' content. that will be good for the people we serve. that the Congress preempted such State laws We need to restore the public's faith in its by the enactment of an obscure amendment This is an important step toward strengthening the accountability of candidates and cam- leaders by showing that we have learned from buried in a 1992 law entitled ‘‘An Act to pro- our mistakes. Enactment of this legislation will vide for the designation of the Flower Gar- paigns. Campaign reform is not just about send a clear message to the American people den Banks National Marine Sanctuary’’ money; it is also about improving the quality that we will no longer allow them to be pawns (Public Law 102–251). and responsibility of debate. The bipartisan bill (3) Gambling cruises-to-nowhere offer high- in budget disputes. Mr. HORN and I recommend to the House stakes, untaxed, unpoliced, and unregulated f casino gambling. would start us down that path, not by regulat- (4) Accordingly, it is necessary to make ab- ing the content of ads but by requiring can- INTRODUCTION OF THE AFFORD- solutely clear that gambling cruises-to-no- didates to assume responsibility for them. ABLE HOUSING OPPORTUNITY ACT OF 1999 where enjoy no special exception from the Our Stand-by-Your-Ad legislation has its ori- operation of existing or future State laws and that relevant Federal law is not in- gins in the North Carolina General Assembly where it has been championed by Lt. Gov- HON. NANCY L. JOHNSON tended to preempt, supersede, or weaken the OF CONNECTICUT authority of States to apply their own laws ernor Dennis Wicker and was approved last IN THE HOUSE OF REPRESENTATIVES to gambling cruises-to-nowhere. session by the Senate but not the House. Wednesday, January 6, 1999 SEC. 3. STATE AUTHORITY OVER CRUISES-TO-NO- Stand by Your Ad is compatible with and WHERE. Mrs. JOHNSON of Connecticut. Mr. Speak- complementary to the full range of campaign Section 5 of the Act of January 2, 1951, en- er, today I am introducing legislation to in- reform proposals that will be considered by titled ‘‘An Act to prohibit transportation of crease the cap on state authority to allocate gambling devices in interstate and foreign the 106th Congress, from Shays-Meehan to Low Income Housing Tax Credits to $1.75 per commerce’’ (15 U.S.C. 1175; popularly known the disclosure-only bills. By approving this pro- capita and index the cap to inflation. The cur- as the Johnson Act), is amended— posal, the Congress can strengthen disclosure (1) in subsection (b)(2)(A), by striking ‘‘en- rent cap of $1.25 per capita has not been ad- so as to make sponsorship more clear and to justed since the program was created in 1986. acted’’; and require an assumption of personal responsibil- (2) by adding at the end the following: Since that time, population growth has totaled ity in a way likely to discourage the most irre- ‘‘(d) NO PREEMPTION OF STATE LAWS.— about 5 percent. Nothing in this section shall be construed to sponsible and distorted attacks. We invite our Although building costs rise each year, as preempt the law of any State or possession colleagues to join us as cosponsors of this does the affordable housing needs of the na- of the United States.’’. legislation. tion, the federal government's most important CONGRESSIONAL RECORD — Extensions of Remarks E27 and successful housing program is in effect cise restraint in our use of force. We must use body in order to improve the patient's appear- being cut annually as a result of inflation. great care when putting our young men and ance and self-esteem. They define reconstruc- Since 1986, inflation has eroded the Housing women in harms way. We must be cir- tive surgery as being performed on abnormal Credit's purchasing power by nearly 50 per- cumspect before putting the lives of other citi- structures of the body caused by congenital cent, as measured by the Consumer Price zens at risk. We must be prudent in our deci- defects, developmental abnormalities, trauma, Index. This cap is strangling state capacity to sions to intervene in the internal affairs of for- infection, tumors or disease. meet pressing low income housing needs. eign nations. We may not like Saddam Hus- The Treatment of Children's Deformities Act Last year, I sponsored legislation with Rep- sein, but that does not give us the right to de- acknowledges the importance of the AMA's resentative LEWIS (D±GA) proposing this same clare his death. definitions and requires that managed care increase in the Housing Credit cap and index- Mr. Speaker, I am certain that the advisors and insurance companies do the same. The ing it for inflation. Representatives ENSIGN (R± to the President were very deliberate and judi- problems that Americans across the board are NV) and RANGEL (D±NY) also sponsored leg- cious before arriving at the recommendation to experiencing with various managed care com- islation to accomplish the same increase. undertake military action against Iraq. How- panies who place cost over quality care are in- Nearly 70 percent of the Ways and Means ever, I am not certain that the assumptions furiating enough, but when it affects the phys- Committee and a total of 299 of our fellow upon which they relied are correct. I am not ical and emotional well-being of children, Con- House Members cosponsored one or both of certain that Saddam Hussein poses the threat gress must be willing to put our foot down. these bills last year. Unfortunately, the Con- to our national security interests that many be- Please join me in defending the needs of gress did not pass a Housing Credit increase lieve he does. I am not certain that Iraq has children with deformities and congenital de- because the Omnibus Appropriation bill even- the capacity to deliver the kind of mass de- fects and their families by cosponsoring this tually enacted was not large enough to ac- struction that should cause us the kind of con- important bill. commodate it. cern that has triggered this reaction. I am not The Housing Credit is the primary federal- certain that peace is best achieved through state tool for producing affordable rental hous- war. f ing all across the country. Since it was estab- Nonetheless, I stand behind our men and TRIBUTE TO LEOPOLDO ‘‘CONDO’’ lished, state agencies have allocated over $3 women whose courage and patriotism cannot GONZALES billion in Housing Credits to help finance near- be questioned. I stand behind our President ly one million homes for low income families, who, it is clear, painstakingly reached this dif- including 70,000 apartments in 1997. In my ficult decision. I stand behind this Nation, at a HON. BOB FILNER own state of Connecticut, the Credit is respon- time which calls upon us to cooperate with sible for helping finance over 7,000 apart- each other and be united in our resolve to pro- OF CALIFORNIA ments for low income families, including 650 mote and protect democracy. IN THE HOUSE OF REPRESENTATIVES apartments in 1997. f Despite the success of the Housing Credit Wednesday, January 6, 1999 TREATMENT OF CHILDREN’S in meeting affordable rental housing needs, Mr. FILNER. Mr. Speaker, I rise today to DEFORMITIES ACT the apartments it helps finance can barely honor a husband and father, a veteran and keep pace with the nearly 100,000 low cost war hero, and a member of the San Diego apartments which were demolished, aban- HON. SUE W. KELLY community who died on November 7, 1998, at doned, or converted to market rate use each OF NEW YORK the age of 75. year. Demand for Housing Credits currently IN THE HOUSE OF REPRESENTATIVES outstrips supply by more than three to one na- Leopoldo ``Condo'' Gonzales was born to Wednesday, January 6, 1999 tionwide. Increasing the cap as I propose Sophia and Francisco Gonzales on October 7, would allow states to finance approximately Mrs. KELLY. Mr. Speaker, I rise today to re- 1923. In 1941, he met Connie Briones, and 27,000 more critically-needed low income introduce the Treatment of Children's Deformi- they were married on July 14, 1943. apartments each year using the Housing ties Act, legislation that prohibits insurers from Condo joined the Army in 1942 to serve his Credit, helping to meet this growing need. discriminating against children born with de- country in World War II. He served with the A broad, bipartisan consensus exists for formities by denying coverage of reconstruc- 63d Engineer Battalion in Europe until the end raising the Housing Credit cap, just as in tive surgery. Children should not only be pro- of the war, and received the Campaign Medal, 1993, when Congress made the Credit perma- vided reconstructive surgery to improve the three Bronze Stars, and two Victory Medals. nent. The Administration, the nation's gov- function of a part of the body, but also should Condo and Connie began their family with ernors and mayors, and virtually all major be given the opportunity to face the world with the birth of their first child, Robert, in 1946. housing groups also support this increase. a normal appearance. Insurers would like for Joining Robert was his brother, Frank, in 1948 I urge my colleagues to join me in a biparti- you to think that such surgery is merely cos- and sister, Margie, in 1952. meticÐparents of children dealing with the san effort to provide this long overdue in- After the war years, Condo worked for the physical and psychological effects of such de- crease in the Housing Credit cap. Cannery and Cudahy Meat Packing Company. formities would beg to differ. f He was a member of Masonry Union Local Today, approximately seven percent of No. 89 and worked for several construction REGARDING HOUSE RESOLUTION American children are born with pediatric de- companies before his retirement. 612 formities and congenital defects such as birth marks, cleft lip, cleft palate, absent external Condo and his family lived in the Linda HON. EVA M. CLAYTON ears and other facial deformities. A recent sur- Vista area of San Diego for many years before moving to their farm in Lakeside, CA. Condo OF NORTH CAROLINA vey of the American Society of Plastic and Re- enjoyed gardening, and his farm was full of IN THE HOUSE OF REPRESENTATIVES constructive Surgeons indicated that over half of the plastic surgeons surveyed have had a watermelons, corn, and animals. In 1956, they Wednesday, January 6, 1999 pediatric patient who in the last two years has moved back to San Diego, to the Sierra Mesa Mrs. CLAYTON. Mr. Speaker, I rise in sup- been denied, or experienced significant dif- area. In his retirement years, Condo enjoyed port of the 24,000 men and women of the ficulty in obtaining, insurance coverage for especially his children, grandchildren, and United States Armed Forces who are currently their surgical procedures. great-grandchildren. involved in operations in the Persian Gulf Re- Some insurance companies claim that re- His was a wonderful life. He was a man gion. constructive procedures that do not improve who did his duty to his country, who raised his It is important that we protect the interests function are not medically necessary and are, family well, and who contributed to his com- of the United States. It is important that we therefore, cosmetic. America's physicians rec- munity. He is survived by Connie, his wife of have peace in the Middle East. It is important ognize an important difference between recon- 55 years, as well as his children, grand- that we do what we can to prevent the devel- structive and cosmetic surgery to which this children, and great-grandchildren. My thoughts opment of weapons of mass destruction. bill calls attention. The American Medical As- and prayers go out to his wife and family and However, Mr. Speaker, we must pursue sociation defines cosmetic surgery as being to the larger community that was touched by these goals with great caution. We must exer- performed to reshape normal structures of the his presence. E28 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 TRIBUTE TO PHILADELPHIA COL- education continue to thrive for the next 100 Sally is a life-long resident of Charles Coun- LEGE OF OSTEOPATHIC MEDI- years and beyond. ty and resides in Bryantown with her husband, CINE ON ITS CENTENNIAL ANNI- f Gene and two children, Donnie and Michelle. VERSARY Mr. Speaker, I am convinced that Sally will TRIBUTE TO THE 50TH ANNIVER- be a tremendous asset to the Chamber of SARY OF OUR LADY OF Commerce and southern Maryland. I am HON. CHAKA FATTAH CHALDEANS CATHEDRAL, MOTH- OF PENNSYLVANIA proud to be her representative in Congress ER OF GOD CHURCH and I ask you and the remainder of my col- IN THE HOUSE OF REPRESENTATIVES leagues to join with me in acknowledging the Wednesday, January 6, 1999 HON. DAVID E. BONIOR appointment of this fine American. Mr. FATTAH. Mr. Speaker, I rise today to OF MICHIGAN offer my enthusiastic congratulations to Phila- IN THE HOUSE OF REPRESENTATIVES f delphia College of Osteopathic Medicine Wednesday, January 6, 1999 (PCOM), which this year celebrates its Cen- TRIBUTE TO REV. CANON JOSE tennial anniversary. For 100 years, PCOM has Mr. BONIOR. Mr. Speaker, today I would DANIEL CARLO served as a national leader in the training of like to recognize a parish that has dedicated exceptional physicians. Today, the College is 50 years to the service of God and commu- HON. HOWARD L. BERMAN nity. On Friday, January 8, 1999, Our Lady of the largest osteopathic medical school in the OF CALIFORNIA United States, and graduates more primary Chaldeans Cathedral, Mother of God Church health care physicians than any other medical will celebrate its Golden Jubilee Anniversary. IN THE HOUSE OF REPRESENTATIVES school in the nation. PCOM was recently Located in Southfield, Michigan, Our Lady of Wednesday, January 6, 1999 praised for its strong emphasis on primary Chaldeans Cathedral has been a center of re- Mr. BERMAN. Mr. Speaker, I rise today to care and early clinical exposure in the Prince- ligious and social activity for 50 years. During pay tribute to Reverend Canon Jose Daniel ton Review's 1998 Guide, ``The Best Medical those years, the congregation has joyfully Carlo, beloved spiritual leader of St. Simon's Schools.'' In addition, the College was award- celebrated Christmas and Easter, baptisms Episcopal Church in San Fernando. Father ed the highest possible ranking in the 1998 and weddings, while lending a warm shoulder Carlo recently announced that he is retiring ``Primary Care Scorecard,'' which ranks osteo- to those suffering. The Church has been a from St. Simon's after 18 years. I know his pa- pathic medical schools according to the num- faithful friend to all who have walked through rishioners reacted to his decision with mixed ber of students entering primary care fields, the front doors. emotions. While they wish him the best, they and the presence of a family practice division When the parish was founded in 1948, the know that he is virtually irreplaceable. His ex- within the College. church was named for the Holy Mother, calling traordinary contributions to the Church and the PCOM's success in educating high quality it the Mother of God Church. In 1982, Pastor Northeast San Fernando Valley will be re- physicians is directly attributable to its inter- Ibrahim Ibrahim was named the first Chaldean membered with great appreciation. disciplinary curriculum, and ``Doctors from Day Bishop in the United States. The Mother of One'' philosophy. While students are thor- God Parish was then elevated to a Cathedral. Father Carlo constantly sought ways for the oughly trained in the science of medicine, they The Chaldean community is family oriented Church to build strong bonds with the commu- are also schooled in the humanistic application and religious. The congregation grew from 100 nity. For example, every Sunday, he con- of their trade. Clinical experience beginning families to approximately four thousand in ducted four services, two in English and two in early in a student's career sets a tone, which 1998. The clergy and membership have given Spanish. In this way, Father Carlo ensured values both a thorough assessment of a pa- their time and talents to serve God and their that St. Simon's would be a place of worship tient's medical symptoms, and an ability to dis- community. open to every resident of San Fernando and cern the social, economic, and other individual Our Lady of Chaldeans Cathedral, Mother of its surrounding areas. factors which also play a role in determining a God Church has been the center of many Father Carlo also turned the Church into a patient's health and wellness. This integrated people's lives for 50 years. Although history home for many programs providing much- approach to the practice of medicine is rein- and time have changed the congregation, the needed services to residents of the Northeast forced during the required four months stu- spirit of the church has remained strong. I Valley. He recognized the special responsibil- dents spend staffing the College's rural and would like to personally congratulate the pa- ity of the Church to become involved during a urban health care facilities, which serve Phila- rishioners on this historic milestone. Best time of government cutbacks. The Parish be- delphia's underserved populations. Clearly, wishes in the next 50 years. came the site for community and outreach PCOM boasts a unique tradition of medical f programs relating to alcoholism, drugs, teen education. pregnancy, senior citizens, pre-school kids PCOM has an exciting year ahead. Con- HONORING SALLY JAMESON and clothing and food. struction of its new Student Activity Center, a In addition to these ongoing programs, Fa- comprehensive exercise facility, will be com- HON. STENY H. HOYER ther Carlo was adamant that St. Simon's pro- pleted this summer. The Student Activity Cen- OF MARYLAND vide assistance during times of urgency or cri- sis. In 1986, the Church assisted over 4500 ter underscores the College's commitment to IN THE HOUSE OF REPRESENTATIVES its mission by encouraging its students and persons applying for their cards during the Wednesday, January 6, 1999 faculty to practice the good health habits that Amnesty Program for Undocumented Aliens. they advise their patients to practice. A book Mr. HOYER. Mr. Speaker, I rise today to ac- For six months after the devastating commemorating PCOM's 100 years of medical knowledge the appointment of my good friend, Northridge Earthquake of 1994, St. Simon's education has been published, with a special Mrs. Sally Jameson as executive director of made available tons of emergency food, cloth- introduction by former United States Surgeon the Charles County Chamber of Commerce. ing, diapers, sleeping bags and other neces- General C. Everett Koop. Two historical exhib- For the past six years, Sally has been affili- sities to more than 2500 families. its on display at the College throughout the ated with the Charles County Chamber of Within the diocese of Los Angeles, Father year present photographs and papers, which Commerce; five of those years she served the Carlo promoted the implementation of the first document PCOM's proud history and the legislative committee. Five Year Plan for the Development of His- emergence of osteopathic medicine as a med- Prior to her appointment, Sally was the di- panic Ministry at the national and provincial ical practice. PCOM will also be a 1999 Phila- rector of the Waldorf Jaycee Community Cen- levels. delphia sponsor of the nationally acclaimed ter since it opened in 1992. Today, it has I ask my colleagues to join me in saluting Susan G. Komen Breast Cancer Foundation evolved as a focal point for Charles County Father Daniel Carlo of St. Simon's Episcopal ``Race for the Cure.'' and is currently undergoing expansion. Church of San Fernando, whose dedication to Mr. Speaker, and fellow Colleagues of the Mr. Speaker, she is working with the his Parish and the community inspires us all. House, please join me in extending our grati- Charles County Public Schools on a student During his 18-year tenure at St. Simon's, Fa- tude to Philadelphia College of Osteopathic exchange with students in Walldorf, Germany ther Carlo had a positive affect on the lives of Medicine for its 100 years of outstanding med- and with the Charles County Commissioners so many people. I join his congregation in ical leadership and service to our nation. May on a twin-city establishment between Waldorf, wishing Father Carlo and his family all the PCOM's distinguished tradition of medical Maryland and Walldorf, Germany. best as he embarks on new challenges. CONGRESSIONAL RECORD — Extensions of Remarks E29 INTRODUCTION OF THE DISTRICT § 2(b)(2). On January 2, Alice Rivlin, for the worked out front with the customers while OF COLUMBIA DEMOCRACY 2000 Authority, signed a memorandum of agree- Quintin took over the kitchen as chief. ACT ment delegating authority to the Mayor to run As its popularity has grown, the Larios ex- the District government to the fullest extent al- panded by opening a location in South Beach HON. ELEANOR HOLMES NORTON lowed by existing law. Viewed from the front as well as Disney Downtown in Orlando. The OF THE DISTRICT OF COLUMBIA lines of the District government's present popular vocal artist, Gloria Estefan, liked Casa IN THE HOUSE OF REPRESENTATIVES progress, the Authority's considered judgment Larios so much that she and her husband, was that a transition to Home Rule through Cuban-American entrepreneur Emilio Estefan, Wednesday, January 6, 1999 the delegation of power to the new Mayor was joined the Larios in the ownership of the South Ms. NORTON. Mr. Speaker, today I am in- necessary in advance of the transfer of ulti- Beach and Orlando locations, Larios on the troducing the first bill in my D.C. Democracy mate power at the end of the control period; Beach and Bongos Cuban Cafe. Now Package. The bills to follow, as many as a clean line of reporting authority unmistakably When Casa Larios outgrew its original loca- half a dozen, will be introduced at appropriate identifying the responsible officials was nec- tion on West Flagler Street in Miami earlier times throughout the 106th Congress. essary for efficient and effective government this summer and moved a few blocks down The purpose of the first of these bills, the operational reform; and Mayor Williams, in his the street, the Larios gave interested cus- District of Columbia Democracy 2000 Act role as Chief Financial Officer, had already tomers pieces of the memorabilia depicting the (D.C. Democracy 2000) is to ensure that the demonstrated his capacity to administer com- republican era in Cuba (1902±1959) from new city administration has sufficient control of plicated operations. newspapers on the restaurant's walls. the District government to be held accountable This section amends existing law to com- We feel very fortunate to have such excel- in preparation for the expiration of the control plete a transfer of power that the Authority de- lent cuisine in South Florida and I congratulate period. Among the other bills that will be in- sired but could not make because of the word- Maria Teresa and Quintin on their well-de- cluded in the Package are: D.C. Budget Au- ing of the statute. The Authority transferred to served, extraordinary success. tonomy Act; D.C. Legislative Autonomy Act; the Mayor its jurisdiction over nine operating f D.C. City Employee Tax Fairness Act (Com- agencies, but believed it was unable to return muter Tax for District Government Employ- that authority to hire and fire department ELIMINATE THE FAA’S LIAISON ees); and Delegate Vote Restoration. heads. In returning this power, this section AND FAMILIARIZATION TRAIN- I am introducing D.C. Democracy 2000 first seeks to enhance and facilitate the Mayor's ING PROGRAM because it is the most urgent. This bill is es- ability to control managers. It eliminates the sential to assure the stable transition to full possibility of an illusion of an appeal to a high- HON. RAY LaHOOD self-government already begun by the District er authority beyond the Mayor to acquire or OF ILLINOIS of Columbia Financial Responsibility and Man- retain a position. IN THE HOUSE OF REPRESENTATIVES agement Assistance Authority. The heart of The advantage of having a government that Wednesday, January 6, 1999 D.C. Democracy 2000 is the early return of knows that it and it alone will be fully account- Home Rule, allowing the Authority to expire a able cannot be overestimated in a democracy. Mr. LAHOOD. Mr. Speaker, I rise today to full year ahead of schedule. At the time that Whatever justification some may have found bring attention to the frequent flyer program the Authority Act was passed, the District's in- for the denial of self-government has been that is currently being run down at the Federal solvency led the Congress to estimate that it stripped away by the growing fiscal health of Aviation Administration. But unlike other fre- would take four years of balanced budgets to the District government and its prudence in quent flyer programs, you don't have to earn achieve the necessary stability. However, the management of its finances and operations. your free flight in this programÐall you have District's reforms have far outstripped the esti- Beyond securing more revenue, city officials to do is sign up. What I am referring to, of mate of Congress. It now seems clear that by have already shown that they know what to do course, is the FAA's Liaison and Familiariza- Fiscal Year 2000 the District shall have had with it. Their decision to use surplus revenues tion Training Program (FAM), a program that three consecutive years of balanced budgets. to pay down the city's accumulated deficit was originally created to give air traffic control- If the failure to achieve balanced budgets demonstrates they can and will make tough fi- lers an awareness of, and familiarization with, could delay the return of Home Rule, it should nancial choices. In the face of the sacrifices cockpit and pilot procedures by allowing them follow that the prudence reflected in continu- that District residents have made and the un- to ride in the cockpit's jump seat. This pro- ous years of surpluses should be equally rec- anticipated surpluses that have been pro- gram, while laudable in purpose, has unfortu- ognized. Further delay is especially unwar- duced, there is no justification for delaying a nately turned into a ``popular perk'' for FAA ranted in light of the continued oversight of the return to coherent and fully accountable self- employees who are more interested in getting City Council and Congress. government. free air travel for vacations and personal rea- The District has just revolutionized its politi- f sons than they are in observing and learning cal culture by election of a new Mayor who about cockpit and safety procedures. The A TRIBUTE TO CASA LARIOS AND earned his stripes as a tenacious Chief Finan- abuses of this program were so bad, in fact, THE LARIOS FAMILY cial Officer who cut budgets, prevented over- that the Inspector General of the Department spending, and helped create surpluses. To of Transportation recently recommended a match the new Mayor, a new City Council has HON. LINCOLN DIAZ-BALART number of reforms be made to the program. It already shown a new, strict approach to over- OF FLORIDA is, in the words of one airline's slogan, becom- sight that holds the executive and the city IN THE HOUSE OF REPRESENTATIVES ing obvious that FAA employees love to fly, agencies accountable. Moreover, the District Wednesday, January 6, 1999 and it shows. Today, I am introducing a bill has used most of its surplus revenues to pay Mr. DIAZ-BALART. Mr. Speaker, I rise today that will implement the Inspector General's re- down its accumulated deficit. As a result, the to pay tribute to Quintin and Maria Teresa forms in order to curb the rampant and wide- District is expected to eliminate its operating Larios. The owners and operators of some of spread abuse of the FAM program by FAA deficit without using the authority to borrow, the best Cuban restaurants in the United employees. that Congress granted the city in the Revital- States, Casa Larios, Larios on the Beach and In an August 3, 1998 memo to Jane Gar- ization Package in 1997. This is performance Bongos Cuban Cafe. vey, the FAA Administrator, Kenneth Mead, that not only deserves recognition, it is per- I believe that Quintin and Maria Teresa typ- the DOT's Inspector General (IG), reiterated formance that deserves encouragement by the ify the dream of so many who spend countless his concern over the ``serious, continuing, and return of authority that was stripped away only hours working hard in the food service indus- widespread lapse of ethics in the Liaison and because of a fiscal crisis. Needless to say, it tryÐto open their own restaurant. Familiarization program (FAM).'' This program, would lift the spirits of District residents to The Larios came to the United States in which dates back to the 1940's, was originally begin the Year 2000 with Home Rule restored. 1973, after first fleeing Cuba and then living in created in order to allow FAA employees, par- The bill also includes a section that would Spain, and their culinary skills expertly reflect ticularly air traffic controllers, to ride in an air- give the Mayor authority to hire and fire de- their Cuban heritage. The couple worked in line cockpit's jump seat in order to become fa- partment heads. This section carries out the the restaurant business in Miami for 12 years, miliar with the environment in which pilots op- purpose of the Authority Act ``to ensure the gaining valuable experience before embarking erate. However, over the past two decades most efficient and effective delivery of serv- on their own venture. this program has been increasingly misused ices, by the District government during a pe- Casa Larios opened in 1988, and in the tra- by employees. And, I don't think I need to re- riod of fiscal emergency.'' P.L. 104±8, Title I dition of Cuban restaurants, Maria Teresa mind you, Mr. Speaker, that accepting gifts of E30 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 free travel is in direct contravention to a host of the Morristown Jewish CenterÐBeit Yisrael, I have re-introduced legislation that will pro- of laws, regulations, and executive orders. County of Morris, New Jersey. vide the public and technology professionals Among the rampant abuses that were de- The Jewish community in Morristown first with an additional day, prior to the start of the tailed in a February 20, 1996 IG report were began meeting in the home of Abraham Mintz first workweek in January 2000, to work on re- the following: an employee that took 12 week- and for several years, held Hebrew school pairs on failed computer systems caused by end trips in a 15-month period to visit his fam- classes and religious services there. At that the Year 2000 computer problem. My proposal ily in Tampa, Florida; an employee that took time Morristown was very underdeveloped and will move the New Year's Day holiday in the 10 weekend trips in a 9-month period to visit this meeting spot was quite inconvenient to year 2000 to Monday, January 3, 2000. the city where he ultimately retired; an em- access. Over the next several years, the Cen- Mr. Speaker, congressional committees ployee that took 7 trips to Fort Myers or ter relocated to several facilities including Eu- have been successfully working to prepare the Tampa, Florida, and 2 trips to Las Vegas, Ne- reka Hall, the Masonic Hall, Lippman Hall, Mil- nation for Y2K, and this is just another pro- vada, utilizing weekends and regular days off ler Hall and the estate of Heyward G. posal that may help ease the difficulties we to travel; travel by an employee that utilized Hemmel. face. It is not a silver bullet to solve the prob- annual leave or regular days off to take 7 trips The organization thrived throughout the first lem. It is vital that all businesses and govern- to Los Angeles, California, and 1 trip to Mu- quarter of the century and offered numerous ment agencies continue to mobilize and work nich, Germany; an employee that took 17 trips benefits of the surrounding community. During to repair computers in the remaining 359 days to travel to his military reserve duty stations; the 1920's the Rabbi Signer established the before the Y2K problem strikes. This proposal and 7 couples that took 21 flights for extended Jewish Center League for religious, cultural, simply ensures that businesses, the public and weekends and vacations. And, according to an physical and social purposes. In order to suit computer experts have an additional 24 hours article published in the Washington Post, the diverse needs of the League, a new build- to respond to problems that may arise. 247,840 authorizations for travel under the ing was sought. With the help of local depart- f auspices of this program were issued by the ment store owner, Maurice Epstein, the cor- FAA between January 1993 and April 1994. nerstone was laid on March 3, 1929 for a new STATEMENT ON THE ARTICLES OF Unfortunately, the FAA failed to act on this multipurpose meeting space on Speedwell Av- IMPEACHMENT 1996 report, and that is why I am introducing enue in Morristown. legislation that will reform this program so that In the 1950s, the Center enjoys a rather HON. JUANITA MILLENDER-McDONALD these abuses and ethical violations will not unique feature in that it housed Orthodox, OF CALIFORNIA occur in the future. Conservative and Reform Congregations with IN THE HOUSE OF REPRESENTATIVES The Inspector General's August 3 memo the building. As a result, it served as a model Wednesday, January 6, 1999 makes several recommendations for reform. I for like-sized communities throughout the na- believe these recommendations are valid, rea- tion. Ms. MILLENDER-MCDONALD. Mr. Speaker, sonable, and absolutely necessary in order to The Morristown Jewish center has contin- I rise to oppose the Articles of Impeachment curb the ethical lapses that have occurred, ued to grow throughout the century and con- before this House. I urge Members to step while still preserving the program's valuable tinues its mission of the founders by being the outside the passion of your convictions and training and safety benefits. My bill simply religious, educational and social core of the think about our obligations to the Constitution, adopts the recommendations of the Inspector Morristown Jewish community. Currently, 430 to our constituents, and our place in history. General and requires the FAA to transmit a re- families comprise the membership of this pres- Mr. Speaker, I hoped this moment could be port to Congress on the implementation of tigious congregation. avoided and that Members of the Judiciary these reforms. Specifically, the IG's report Mr. Speaker, for the past 100 years, the Committee, after carefully examining the evi- makes the following recommendations pre- Morristown Jewish center has prospered enor- dence, history and their consciences, would cluding FAM travel that ``(1) involve travel on mously in order to unite the community and recognize that the charges do not rise to the leave days or days off; (2) involve scheduled will continue to do so for many years to come. level of an impeachable offense. With this leave of days off between the outgoing flight Mr. Speaker, I ask you and my colleagues to vote, we have the opportunity, by censure, to and the return flight except when management congratulate the members of the Morristown live up to the Framers' vision and honorably makes an affirmative documented determina- Jewish CenterÐBeit Yisrael, on this special close a sad chapter in our Republic's history, tion that such is for legitimate purposes and anniversary year. or open a new, more perilous one in which the will not create an appearance of impropriety; f private lives of public figures become fair or (3) involve foreign overseas travel for an game for scrutiny and prosecutorial entrap- employee in a facility that does not work oce- THE Y2K MILLENNIUM BUG ment. anic airspace.'' In addition, the IG report The House Judiciary Committee process makes the further recommendation that ``ap- HON. JOHN LINDER was unfair. It relied exclusively on material propriate controls must require preapproval of OF GEORGIA gathered by the Independent Counsel and FAM flights by supervisory personnel and only IN THE HOUSE OF REPRESENTATIVES failed to interview material witnesses or sub- then when the supervisor determines that the ject them to the rigors of cross examination. specific flight meets official training needs of Wednesday, January 6, 1999 Some Committee members abandoned the the FAA.'' Mr. LINDER. Mr. Speaker, there are ap- most fundamental precept of fairnessÐthe It is time that we reform this program. The proximately 359 Days, 11 Hours, 32 Minutes, presumption of innocence. While paying hom- abuses have gone on far too long, so long, in and 26 Seconds until the Year 2000 computer age to the law and constitutional responsibil- fact, that the program is considered an entitle- problem affects computers and computer ities, some of our colleagues are even pointing ment by air traffic controllers in their contract chips worldwide on the morning of January 1, to the President's unwillingness to give up his negotiations with the FAA. This program has, 2000. constitutional right to avoid self-incrimination according to the IG, become ``what is widely As we know, many computers will be unable by demanding that he admit to perjury. understood to be a popular `perk' for many to process dates beyond December 31, 1999, Can we call this process fair? FAA employees''Ða perk that I believe needs making the year 2000 indistinguishable from The shortcomings of our process: abroga- to end. the year 1900. The potential technological tur- tion of basic tenets of jurisprudence; an unfair f moil could cause computers to generate incor- and flawed process; reliance on hearsay; THE 100TH ANNIVERSARY OF THE rect data or stop running. Credit cards, ATM abandonment of the presumption of inno- MORRISTOWN JEWISH CENTER— cards, security systems, hospital equipment, cence; and release of materials in a prejudicial BEIT YISRAEL, COUNTY OF MOR- telephone service, electricity, and paycheck manner indicate the need to exercise great RIS, NEW JERSEY systems could be affected. I don't think any- caution. one is sure what will happen. Do we really think these charges rise to the Fortunately, in the year 2000, we have a level of impeachable offenses envisioned by HON. RODNEY P. FRELINGHUYSEN few days to recover after the Y2K problem hits the Framers? I fear we are falling victim to OF NEW JERSEY because January 1st falls on Saturday. How- what Alexander Hamilton called ``the greatest IN THE HOUSE OF REPRESENTATIVES ever, we lose one potential additional day be- danger''Ðthe danger of partisan impeach- Wednesday, January 6, 1999 cause the New Year's Day holidayÐby law ment. Mr. FRELINGHUYSEN. Mr. Speaker, I rise Ðmust be observed on the previous Friday, Mr. Speaker, the American people and his- today to commemorate the 100th Anniversary December 31, 1999. tory will judge us! CONGRESSIONAL RECORD — Extensions of Remarks E31 As Members of the People's House, we in congratulating him as he is honored today water development in Colorado historyÐWil- must never forget that we were sent here by with the ``Lifetime Health Care Advocate liam D. ``Bill'' Farr. Mr. Farr epitomizes the the American people to represent them. The Award'' in Sacramento. foresight of pioneering the water movement in majority of Americans have resoundingly said f Colorado. On January 11, 1999, W.D. Farr will they do not support the impeachment. A vote receive the 1999 ``Citizen of the West,'' award for impeachment under these circumstances TRIBUTE TO GEORGE SUAREZ, for his work on water issues for Colorado. This would go against the fabric of representative MAYOR OF THE CITY OF MADI- annual award is given to the person who ex- democracy and would overturn the will of the SON HEIGHTS emplifies the spirit and determination of the American peopleÐa grave measure indeed! western pioneer. W.D. Farr is recognized as a As we vote, let us reflect on our own experi- HON. SANDER M. LEVIN longtime leader and visionary in the area of ences, perceptions of fairness, justice, and our OF MICHIGAN water conservation and is also credited with understanding of the facts, to conscientiously IN THE HOUSE OF REPRESENTATIVES pioneering the method for successful year apply the requisite tests to determine our vote. Wednesday, January 6, 1999 round cattle feeding. We can ill afford to so endanger the future of W.D. Farr was born in 1910 in Greeley, CO. Mr. LEVIN. Mr. Speaker, I rise to honor our democracy by voting to impeach the Presi- He grew up managing his family's Crystal Mayor George Suarez who is resigning after dent of these United States. River Ranch in Carbondale, CO. The chal- 25 years of faithful and dedicated service to You have the votes to impeach. But can lenge of operating a ranch with a 13-mile irri- the City of Madison Heights and its residents. your conscience withstand the scrutiny that gation ditch system, plus years of interest in Mayor Suarez has governed the City of history will bring to bear on your vote? water management, resulted in Farr's lifelong Madison Heights almost half of its city's 44 f commitment to water policy. W.D. served as year history, and under his leadership and director of the Northern Colorado Water Con- guidance, their residents have benefitted from TRIBUTE TO HOWARD L. OWENS servancy District for more than 40 years, and new and expanded facilities. A senior citizen center, a district court build- was director and the first President of the Col- HON. ROBERT T. MATSUI ing, a ``state-of-the-art'' police station, a orado Water and Power Development Author- OF CALIFORNIA branch library, a second fire station, and a na- ity. IN THE HOUSE OF REPRESENTATIVES ture center built in Friendship Woods that W.D. Farr is additionally a renowned leader Wednesday, January 6, 1999 proudly bears the Suarez name, are just a few in the cattle industry. He served as a founder and director of the Colorado Cattle Feeders Mr. MATSUI. Mr. Speaker, I am honored to of his outstanding accomplishments. In addition, George Suarez has served on Association and a director and president of the rise in tribute to Mr. Howard L. Owens of Sac- American National Cattlemen's Association. ramento, California. Today, Mr. Owens will be innumerable boards and committees, not merely as a member, but as an active partici- His inestimable contributions to Colorado in presented the ``Lifetime Health Care Advocate both water and cattle are unequaled and we Award'' by Health Access of California. I ask pant. And on a more festive note, Mayor Suarez had the honor of performing 1,925 as a state owe a great deal to his efforts. all of my colleagues to join with me in saluting Thank you W.D. Farr for all of your contribu- him for this important accomplishment. wedding ceremonies. Mr. Speaker, I have known and worked with tions to Colorado, and congratulations on re- In 1984 Mr. Owens retired as Assistant Re- ceiving the ``Citizen of the West'' award, you gional Director of the United Auto Workers Mayor Suarez from my very first term in the United States House of Representatives and truly deserve it! after providing 35 years of health care advo- f cacy for the working men and women of that have seen first-hand his community's develop- union. ment and progress. My staff and I have U.S. IMMIGRATION COURT ACT Since then, he has given an even greater worked closely with the Mayor and his admin- amount of his time to the vital cause of health istration throughout the years, and we have al- HON. BILL McCOLLUM care advocacy. Mr. Owens has served as ways enjoyed a friendly and productive rela- tionship. OF FLORIDA president and legislative chair of the Congress IN THE HOUSE OF REPRESENTATIVES of California Seniors. Under his leadership, Serving the public has been a priority in the this organization has become a strong and life of George Suarez and indeed, it will con- Wednesday, January 6, 1999 tinue as his title changes from Mayor to Com- constant voice for health care access and Mr. MCCOLLUM. Mr. Speaker, I am intro- quality improvements. missioner. In November, he ran and won the ducing legislation to establish a new United Mr. Owens was also one of the chief pro- seat as Oakland County Commissioner for the States Immigration Court. The title of the bill is ponents of Proposition 186, California's univer- 24th District and will begin serving in January the ``United States Immigration Court Act of sal health care initiative which appeared on 1999. 1999.'' This bill would remove the immigration As he reflected on his retirement, he said, the 1992 ballot. Today he is a very prominent adjudication functions from the Justice Depart- ``Although I'm stepping down as your Mayor, I advocate for the Patients Bill of Rights in Con- ment and invest them in a new Article I court. plan to be an active part of the community for gress. The court would be composed of a trial divi- the foreseeable future, helping Madison He is the current president of Health Access sion and an appellate division whose deci- Heights to continue to be the city of progress.'' California and has served in this capacity for sions would be appealable to the Court of Ap- I agree, and with a bit of a twist to an old say- more than five years. Additionally, Mr. Owens peals for the Federal Circuit. ingÐyou can take the man out of Madison is the Regional Director of the National Coun- The system for adjudicating immigration Heights, but you can't take Madison Heights cil of Senior Citizens and the Executive Direc- matters has matured tremendously over the out of the man. tor of the Consumer Federation of California. last 15 years. Special inquiry judges have be- Mr. Speaker, I ask my colleagues to join me As a tireless advocate for these organiza- come true immigration judges. The Board of first, in thanking George Suarez for his friend- tions, he directs their efforts to maintain and Immigration Appeals has been greatly ex- ship and all that he has accomplished for the enhance Medicare coverage and supports panded, and the whole Executive Office for residents of Madison Heights and second, to other efforts to ensure that adequate health Immigration Review has been separated from wish him good health and success in fulfilling care is available to all. the Immigration and Naturalization Service. his new assignment. We will miss you, Mayor Mr. Owens' many awards include the pres- Yet much of this system, including the Suarez. tigious ``Consumer Advocate of the Year'' Board of Immigration Appeals, does not exist f award which he received from the California in statute. And while separated from the INS, Trial Lawyers Association. HONORING WILLIAM D. ‘‘BILL’’ aliens still take their cases before judges who In his efforts to keep energy affordable and FARR are employed by the same department as the accessible for all of California's citizenry, Mr. trial attorneys who are prosecuting them. Owens has also devoted much time to his HON. BOB SCHAFFER It is time to take the next logical step and service on the boards of both Southern Cali- OF COLORADO create a comprehensive adjudicatory system in statute. Such a system should be independ- fornia Edison and Pacific Gas & Electric. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am honored to pay tribute to ent of this Justice Department. This is not a Howard Owens. He is a fine advocate for the Wednesday, January 6, 1999 new conceptÐin fact, I first introduced legisla- senior citizens and working families of Califor- Mr. SCHAFFER. Mr. Speaker, I rise today tion to take this step back in 1982. I continue nia. I ask all of my colleagues to join with me to honor one of the most important pioneers of to believe that an Article I court would allow E32 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 for more efficient and streamline consideration have been so great that the BOP was forced to the need for this change or to participate in of immigration claims with enhanced con- to revise the original request for proposal developing it, is not only unwise, it is unfair. fidence by aliens and practitioners in the fair- (RFP). The new process employs two RFPs, I fully support the free and open exchange ness and independence of the process. thereby separating low security male inmates of information, as I believe all Members do. I The bill introduced today provides a solid from minimum security males, females and doubt we could have made the progress we framework on which to build debate on this young offenders. Furthermore, the RFP for low have in science without sharing of new knowl- important and far-reaching reform. I look for- security inmates now requires the BOP to con- edge. Scientists, both publicly and privately ward to working with all interested parties in sider prior performance of the vendors before funded, routinely use a variety of mechanisms fine-tuning and further developing this pro- awarding the contract. to share data and information with one an- posal where necessary and enacting this However, this action puts BOP behind other and with the public. The proliferation of much needed reform. It is my hope to see real schedule for privatization mandated by the Re- scientific journals, increased scientific pro- progress made on this matter and I urge my vitalization Act. The experience of the private gramming on television and radio, and routine colleagues to support the United States Immi- sector argues for a much more careful ap- science coverage by daily news journals are gration Court Act of 1999. proach than Congress was aware of at the all evidence of this. However, I believe there f time the 1997 Revitalization Act was passed. are numerous reasons to question the wisdom Whereas 50 percent of D.C. inmates are to be of mandating the application of the Freedom INTRODUCTION OF THE DISTRICT privatized in 5 years time, the 50 percent far of Information Act to data generated under this OF COLUMBIA PRISON SAFETY exceeds any comparable number of inmates category of federal research funding as a ACT currently housed in any private facility. mechanism for achieving the laudable goal of My provision does not bar privatization, but facilitating the dissemination of scientific infor- HON. ELEANOR HOLMES NORTON it could bar further disasters that have sur- mation. A number of my colleagues joined me in OF THE DISTRICT OF COLUMBIA rounded such privatization contracts. BOP sending a letter to the Administration to ex- IN THE HOUSE OF REPRESENTATIVES may still decide to house the same, or dif- press some specific concerns regarding the Wednesday, January 6, 1999 ferent number in private facilities. The only implementation of this policy change, and I am point in this provision is to keep the BOP from appending this letter at the end of these re- Ms. NORTON. Mr. Speaker, today, I intro- believing it must go over the side of a cliff duce the District of Columbia Prison Safety marks. One area of concern pertains to re- even if there would be a more sensible path. search involving human subjects. Public health Act, a bill to assure the safety of the District f of Columbia and other Federal Bureau of Pris- and bio-medical research requires the vol- ons (BOP) inmates, who may be placed in pri- INTRODUCTION OF LEGISLATION untary participation of human subjects. Volun- vate prison facilities, as well as the commu- teers currently make agreements with re- nities where the prisons are placed. This pro- HON. GEORGE E. BROWN, JR. searchers and their institutions to divulge per- vision has become necessary as a result of sonal medical information on the condition that OF CALIFORNIA their information will remain strictly confiden- § 11201 the 1997 District of Columbia Revital- IN THE HOUSE OF REPRESENTATIVES ization Act (P.L. 105±33). That bill requires tial. They do this with the understanding that that BOP house in privately contracted facili- Wednesday, January 6, 1999 they are making this agreement with the re- ties at least 2000 D.C. sentenced felons by Mr. BROWN of California. Mr. Speaker, I search institution and not with the federal gov- December 31, 1999 and at least 50 percent of am introducing a bill to repeal a legislative ernment. Although FOIA provides protections D.C. felons by September 30, 2003. Under the provision included in P.L. 105±277, the omni- for some types of information, the provisions may not be adequate to ensure confidentiality. Revitalization Act, the Lorton Correctional bus bill making appropriations for Fiscal Year Even if they were, I believe individuals will be Complex is to be closed by December 31, 1999. This provision directs the Office of Man- reluctant to divulge sensitive personal informa- 2001, and the BOP is to assume responsibility agement and Budget to amend SectionÐ.36 tion knowing that this information effectively for the maintenance of the District's inmate of Circular A110 to require Federal agencies becomes the property of the U.S. government population. My bill would give the Director of to ensure that all data produced under grants as an official government record. Significant BOP the necessary discretion to decide made to institutions of higher education, hos- loss of voluntary participation in public health whether to house D.C. inmates in private pris- pitals, and non-profit organizations will be and bio-medical research would be devastat- on facilities, and if so, when and how many. made available to the public through proce- ing. This mandate would mark the first time that dures established under the Freedom of Infor- I am also concerned that this provision BOP has contracted for the housing of signifi- mation Act (FOIA). could facilitate the theft of intellectual property. cant numbers of inmates in private facilities. This provision should be repealed on the We have numerous statutes, such as the The extremely short time frames were placed basis of both the flawed process through Bayh-Dole Act, which provide protections for in the statute without any reference to the which it was adopted and because of the the intellectual property of researchers receiv- BOP capabilities, but rather, in order to meet damage it is likely to do to the publicly funded ing federal awards. Mandating the accessibility the 6 year limit for the closure of Lorton. I am research structure which we have developed of all data produced under a federal award introducing this bill because recent events over the past fifty years. This scope of this would undermine the protections for research- have driven home the necessity for informed provision has never been examined in public ers' intellectual property rights guaranteed expert judgement before decisions to contract and has never been the subject of a hearing. under copyright and other technology transfer out inmate housing are made. And, if protests from the research community laws. Although Circular A110 does not cover On December 3, 1998, the Corrections are correct, this provision poses a major threat federal awards to businesses and contractors, Trustee for the District of Columbia released a to academic freedom in the United States. there are numerous instances of university-pri- report on the investigation of problems arising On the process issue, it is ironic, that a pro- vate sector partnerships in which private and from the placement of D.C. inmates in the vision which some have described as a sun- federal dollars are intermingled within research Northeast Ohio Correctional Center (NEOCC). shine provision was tucked into a 4,000-page projects. While privately-funded research will This highly critical report followed numerous bill in the dead of night. There were no bills in- not be subject to FOIA, companies may be re- violent confrontations between guards and in- troduced in the 106th Congress containing this luctant to continue some areas of joint re- mates, an escape by six inmates, and the kill- provision. There were no hearings held to de- search with federally-funded institutions who ing of two other inmates. The Trustee's report termine whether there was a problem with the must comply with this mandate because of strongly and unequivocally criticized virtually current situation with regard to data availability ambiguities created in the determination of all aspects of the operations of NEOCC. The in the scientific community. We do not know which data would or would not be subject to company that runs this facility, Corrections what the scope of any existing problem is, or FOIA. Corporation of America (CCA), is the most ex- whether using the Freedom of Information Act I am also concerned about the potential for perienced in the country. is the best way to address this alleged prob- increases in administrative burdens and costs The industry is a new one with relatively few lem. No one in the university, hospital, or non- for granting agencies and for award recipients. vendors. The NEOCC experience is fair warn- profit community was provided an opportunity Universities and other grant receiving institu- ing of what could happen if BOP proceeds on to comment on this legislative provision or the tions are likely to feel compelled to create for- the basis of an automatic mandate in spite of need for it. To alter the rules that the scientific mal, centralized procedures for responding to the evidence that has accumulated here and community has operated under for decades requests for data and for implementing the re- around the country. The mounting troubles without providing them an opportunity to speak quirements of FOIA. While the language of the CONGRESSIONAL RECORD — Extensions of Remarks E33 Omnibus Bill indicates that agencies could the federal government. Although FOIA pro- tion of information without causing undue charge a user fee for obtaining data at the re- vides protections for some types of informa- burdens or creating barriers to the continued quest of a private party, there appears to be tion, the provisions may not be adequate to pursuit of new knowledge through federally- ensure confidentiality. Even if they were, we funded research. no mechanism available to award recipients to believe individuals will be reluctant to di- We also request that you contact Anthony offset the administrative costs of complying vulge sensitive personal information know- McCann (Appropriations Committee; 225– with the required change in policy. Increased ing that this information effectively be- 3508) and Jean Fruci (Science Committee administrative costs associated with grants comes the property of the U.S. Government 225–6375) to schedule a meeting for interested come at the expense of research. Increased as an official government record. Significant Hill staff to brief us on your plans for imple- administrative costs are not, in themselves, a loss of voluntary participation in public menting this provision. Thank you for your reason not to move forward with policies in the health and bio-medical research would be attention and consideration. devastating. public interest. However, we should have Sincerely, We are also concerned that this provision JOHN EDWARD PORTER, JAMES T. WALSH, taken the time to consider what the nature and could facilitate the theft of intellectual SHERWOOD L. BOEHLERT, CONSTANCE A. level of the costs of compliance with this provi- property. We have numerous statutes, such MORELLA, VERNON J. EHLERS, GEORGE sion were likely to be. as the Bayh-Dole Act, which provide protec- E. BROWN, JR., NITA M. LOWEY, DAVID Obviously, some groups feel that an infor- tions for the intellectual property of re- E. PRICE, HOWARD L. BERMAN, mation-sharing problem exists. They may now searchers’ receiving federal awards. Mandat- EDOLPHUS TOWNS, BOB FILNER, LYNN C. feel that their concerns have been addressed. ing the accessibility of all data produced WOOLSEY, CAROLYN MCCARTHY, MAU- under a federal award would undermine the RICE D. HINCHEY, MAJOR R. OWENS, However, documentation of this problem has protections for researchers intellectual prop- been no more than anecdotal. What we do HENRY A. WAXMAN, ALBERT R. WYNN, erty rights guaranteed under copyright and LYNN N. RIVERS, LOIS CAPPS, JAMES A. know is that our nation has derived immeas- other technology transfer laws. Although TRAFICANT, JR., LOUISE M. SLAUGHTER, urable public and private benefits from govern- Circular A110 does not cover federal awards JOSE E. SERRANO, STEVEN C. ment-sponsored research. We should not to businesses and contractors, there are nu- LATOURETTE. jeopardize this enterprise by taking a hasty, ill- merous instances of university-private sec- f considered approach to remedy an alleged tor partnerships in which private and federal problem. If this problem is serious enough to dollars are intermingled within research INTRODUCTION OF LEGISLATION projects. While privately-funded research require legislative remedy, then it is certainly will not be subject to FOIA, companies may TO ELIMINATE THE WORKFORCE serious enough to receive reasoned consider- be reluctant to continue some areas of joint SHORTAGE IN THE HIGH TECH- ation by Congress. I encourage my Col- research with federally-funded institutions NOLOGY SECTOR leagues to join me in repealing this provision, who must comply with this mandate because and giving this issue the attention it deserves of ambiguities created in the determination HON. JAMES P. MORAN of which data would or would not be subject by proceeding through the normal process OF VIRGINIA which gives all groups an opportunity to par- to FOIA. We are also concerned about the potential IN THE HOUSE OF REPRESENTATIVES ticipate in the legislative process. for increases in administrative burdens and Wednesday, January 6, 1999 CONGRESS OF THE UNITED STATES, costs for granting agencies and for award re- HOUSE OF REPRESENTATIVES, cipients. Universities and other grant receiv- Mr. MORAN of Virginia. Mr. Speaker, we Washington, DC, December 7, 1998. ing institutions are likely to feel compelled have been privileged to live in a time of unpar- Hon. JACK LEW, to create formal, centralized procedures for alleled economic growth. Much of this growth Director, Office of Management and Budget, responding to requests for data and for im- is directly attributable to the high technology Old Executive Office Building, Washington, plementing the requirements of FOIA. While sector. DC. the language of the Omnibus Bill indicates The information technology sector contrib- DEAR MR. LEW: We are writing to you con- that agencies could charge a user fee for ob- cerning the provision included in H.R. 4328, utes a larger share of our gross domestic taining data at the request of a private product than almost any other industry. U.S. Making Omnibus Consolidated and Emer- party, there appears to be no mechanism gency Supplemental Appropriations for FY available to award recipients to offset the firms dominate the world market in both high 1999, which requires OMB to amend Section administrative costs of complying with the tech products and high tech services. Over 3.3 –3.6 of Circular A110 to require Federal agen- required change in policy. Increased admin- million Americans are directly employed in cies to ensure that all data produced under istrative cots associated with grants come at high technology jobs. grants made to institutions of higher edu- the expense of research. Increased adminis- The workforce shortage faced by the tech- cation, hospitals, and non-profit organiza- trative costs are not, in themselves, a reason nology sector threatens both our world domi- tions will be made available to the public not to move forward with policies in the pub- nance in the technology sector and our contin- through procedures established under the lic interest, but we would like to ensure that Freedom of Information Act (FOIA). ued economic prosperity. the benefits of making this change are com- Over the next ten years, the global economy While we all support the free and open ex- mensurate with the costs. We encourage change of information, we have concerns your office to explore this question and to is projected to grow at three times the rate of that there may be a number of negative, un- work with agencies and award recipients to the U.S. economy. Basic high technology in- intended consequences for the conduct of re- keep any required administrative costs to a frastructure needs, in just eight of the fastest search under federal awards if this Circular minimum. growing countries, are expected to reach $1.6 is amended in haste and without sufficient The above-mentioned concerns represent a trillion. If the U.S. does not seize the oppor- input from federal grand-awarding agencies few examples of the problems that we wish and grant recipients. An amendment of simi- tunity to supply the goods and services to to see avoided in implementing this provi- these emerging markets, others will. lar intent was offered and defeated in the sion. Consequently, we urge you to solicit House Appropriations Committee one year input from all federal grant-awarding agen- But U.S. firms simply cannot compete if they ago because of Members’ concerns about neg- cies, and from the higher education, hos- do not have access to a highly trained work- ative impacts of making this policy change pital, and non-profit grant recipient commu- force. There can be no doubt that our current on federally-funded research. At that time, a nity before moving forward with this change. workforce is failing to keep pace with the number of agencies provided comments indi- Unfortunately, Congress did not hold hear- needs of industry. Some ten percent of high cating numerous potential problems associ- ings to examine whether the scope of poten- technology jobs are now vacant. U.S. firms ated with making all data from federal tial problems with existing practices with re- who cannot find enough domestic workers are awards subject to FOIA. We believe these gard to data sharing is sufficient to have concerns were and are still valid. We urge warranted this type of change. Obviously, sending more and more contracts overseas. It you to consider the agencies’ concerns as some groups feel that a problem exists; how- is incumbent upon us to stop this trend. you develop the required proposal. ever, documentation of this problem has The 105th Congress helped mitigate this One area of concern pertains to research been no more than anecdotal. What we do problem by enacting legislation which would involving human subjects. Public health and know is that our nation has derived immeas- raise the annual limit on temporary immigrants bio-medical research requires the voluntary urable public and private benefits from gov- who are skilled in jobs for which there are a participation of human subjects. Volunteers ernment-sponsored research. We do not wish shortage of American workers. However, we currently make agreements with researchers to see this enterprise jeopardized by taking a cannot reasonably expect to eliminate the and their institutions to divulge personal hasty, ill-considered approach to remedy an workforce shortage without addressing the medical information on the condition that alleged problem. their information will remain strictly con- We encourage you to take every oppor- crux of the problem: our failure to adequately fidential. They do this with the understand- tunity to explore methods of implementing train and re-train American workers. ing that they are making this agreement this policy change in a way that serves the Existing government training programs have with the research institution and not with laudable goal of facilitating the dissemina- not sufficiently trained or placed workers in E34 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 those sectors of our economy with the great- IMPROVING OUR NATION’S be excluded from gross estate calculations. est need. To rectify this problem, I am intro- RETIREMENT SAVINGS This bill would do that. Furthermore, an IRA ducing a legislative package to ensure that that is bequeathed to someone should be training programs provide the skills that Amer- HON. BILL McCOLLUM treated as the IRA of the person who inherited ican employers need by bolstering industry- OF FLORIDA it. Current law forces the disbursement of the driven training programs, creating incentives IN THE HOUSE OF REPRESENTATIVES IRA when the deceased would have turned 701¤2 years old. This would change that point- for successful placement, and providing for the Wednesday, January 6, 1999 less provision, allowing the inheritor to hold special concerns that multi-state regions, such Mr. MCCOLLUM. Mr. Speaker, I am intro- the money in savings until he or she turns as the Washington Metropolitan Area, experi- ducing a bill today which will help all Ameri- 701¤2. ence as they seek qualified workers. cans save for their retirement years. It is no Similarly, anyone receiving 401(k) lump sum The bills I have introduced today are: secret that our current savings rate is among payments as a result of a death would not the lowest in the industrialized world. A low have the amount counted as gross income as H.R. , TO ESTABLISH FOR REGIONAL SKILLS TRAINING savings rate not only adversely impacts a per- long as it is rolled into an IRA. That amount ALLIANCES son's retirement, it does not create much cap- would not be counted against the nondeduct- Modeled after the successful Manufacturing ital available for savings and investment. With- ible IRA limit of $4,500. Extension Program, this bill recognizes that in out this capital, our economy cannot expand Mr. Speaker, I am excited about this legisla- rapidly expanding industry, employers are best at its optimal rate. It is my hope that this legis- tion. I expect to introduce this legislation again lation, if enacted, would help correct this prob- positioned to identify the skills and knowledge at the beginning of the next Congress and lem. needed for emerging jobs. It would provide look forward to hearing debate on it. It is ab- My legislation would do several things. First, solutely essential that we continue to encour- matching funds to encourage companies to it would increase the amount of money one age personal savings and this is certainly a participate in consortia that would address may contribute to an Individual Retirement Ac- step in the right direction. their industry's specific skill needs. Every dol- count (IRA), from $2,000 to $4,500, and still f lar in federal support will be matched by a dol- receive full deductibility. This amount is also lar in state or local government support and a indexed to inflation to protect its value from COMMENDING BEACON COLLEGE dollar in direct industry support. that silent thief of inflation. This would also re- IN LEESBURG, FLORIDA move a disincentive to establishing an IRA, H.R. , TO ESTABLISH REGIONAL PRIVATE INDUSTRY that being the fear that the money will not be HON. CLIFF STEARNS COUNCILS FOR LABOR MARKET AREAS THAT ARE LO- available without paying a substantial penalty OF FLORIDA CATED IN MORE THAN ONE STATE when you need it. A person with an IRA would IN THE HOUSE OF REPRESENTATIVES This bill allows the Secretary of Labor to es- be able to make withdrawals, without penalty, Wednesday, January 6, 1999 tablish Regional Private Industry Councils for long-term care, financially devastating (PICs). PICs play a constructive role in ad- health care expenses, and during times of un- Mr. STEARNS. Mr. Speaker, one of the dressing the workforce needs within a state. employment. Furthermore, no taxes would be world's greatest documents is our Declaration These organizations, however, are state orga- paid on these withdrawals if they are repaid to of Independence. It proclaims our unalienable rights, among them ``Life, Liberty and the pur- nizations and not formed to address problems the IRA within 5 years. Current law offers no incentive for many suant of Happiness.'' This is one of the central that may cross state lines. To remedy that sit- people to establish IRA's. My bill would allow components of the American experience, the uation, this bill would allow the Secretary of people who do not have access to a defined right to use your God-given abilities to pursue Labor to certify, and fund, regional PICs that contribution planÐe.g., a 401(k) planÐto es- your goals. As Americans, we are entitled to address regional problems. The new PICs tablish a tax-preferred IRA, regardless of their go as far as our talents will carry us. That is would be funded directly by the Secretary of income. The legislation would also encourage why it is imperative to ensure that every indi- Labor to ensure that they do not take from ex- the middle class to establish IRA's by raising vidual has the chance to succeed. isting state programs. the income phase-out levels from $25,000± A few weeks ago, I had the privilege of visit- $40,000 for joint filersÐto $75,000±$120,000 ing Beacon College in Leesburg, Florida, a H.R. , TO PERMIT PAYMENT OF INCENTIVE BONUSES TO for joint filers. This will provide not only incen- school in my district dedicated to providing op- CERTAIN JOB TRAINING PROVIDERS THAT PLACE LARGE tives, but needed tax relief for the middle portunities. Beacon College offers the oppor- PERCENTAGES OF INDIVIDUALS IN OCCUPATIONS FOR tunity of a higher education to students with WHICH A HIGH DEMAND EXISTS class. Again, these levels are indexed to infla- tion. learning disabilities. This bill would ensure that the federal gov- Turning to 401(k) reforms, currently folks Learning disabilities can affect a person's ernment's investment in training is well spent are hit with tax liability when taking their ability to read, write, speak, or compute math, by allowing Private Industry Councils to re- 401(k) benefits as a lump sum when leaving and can impair socialization skills. This disabil- ward bonuses to training providers with a high a job even if it is rolled into an IRA. This is not ity can be a life-long condition affecting how percentage of placement. This will help estab- fair. Therefore, under this proposal, people that person functions in school, at home, or in lish a more outcome-based system to ensure would not be exposed to tax liability if the the work place. And this is not a rare occur- that training providers emphasize placing their lump sum distribution is rolled into an IRA rence; 15 to 20 percent of the U.S. population within 60 days. have some form of learning disability. students. This bill would amend JTPA to allow Just as contribution limits have been in- People with learning disabilities can and do funds to be used for bonuses for training pro- creased for IRA's in this legislation, they are excel in their individual pursuits, they just need viders of specific direct training services. This increased for 401(k) plans as well. The tax-de- the chance. Beacon College is committed to creates an incentive for training providers to ductible contribution limits would be $20,000Ð working with a diverse student population, as- provide up-to-date training opportunities that in 1992 dollarsÐindexed to inflation. This sisting each with an individual approach, tak- coincide with market needs, and to help place would also encourage more firms to establish ing into consideration differences in experien- trainees after they have completed their train- defined contribution plans by injecting some tial backgrounds, pace and readiness to learn, ing. common sense into the law. It would allow learning styles, and individual strengths and firms to meet antidiscrimination requirements weaknesses. H.R. , TO ALLOW EMPLOYERS A CREDIT AGAINST IN- as long as they provide equal treatment for all Beacon College offers Associate of Arts and COME TAX FOR HIGH TECHNOLOGY JOB TRAINING EX- employees and ensure that employees are Bachelor of Arts degree programs in Human PENSES aware of the company's 401(k) plan. This is Services and Liberal Studies. The Human This bill would offer employers who train truly nondiscriminatory as everyone would be Services program stimulates the student's in- employees for information technology jobs a treated the same. terest in intellectual, philosophical, social, and tax credit for 50 percent of the training costs Finally, this proposal would correct some of public issues. This program concentrates on up to $2,500 per year, per employee. The the serious problems involved with IRA's and human development and public services. The credit provides an important incentive, yet re- 401(k)'s when the beneficiary passes away. Liberal Studies program provides a well-round- quires that industry bears at least half of the As someone who believes the estate tax in- ed liberal arts education. Both programs are herently unfair, indeed I advocate its abolish- designed to help students achieve their career training costs. ment, I feel that IRA and 401(k) assets should goals. CONGRESSIONAL RECORD — Extensions of Remarks E35 Through small class sizes, with an average Let me be clear that what we do here today the issue but I would like to stress one point. of eight students per class, the faculty can is an oligarchical act that attempts to recreate Term limits are not simply to create turnover interact better with their students, leading to a presidency that would serve at the Majority's for the sake of turnover. It is important to get better academic success. However, the Col- whim, rather than at the will of the people. Mr. fresh blood in Congress, but it is more impor- lege is more than a learning institution, it also Speaker, please believe me that the gravity of tant to change the institution as a whole in a promotes responsibility and self-reliance. Bea- this action will not go unnoticed by the public manner that only term limits can achieve. con students are called upon to identify their that we purport to serve. Term limits would end the pervasive careerism own learning styles as well as their strengths To be sure, the President has shamed him- in Congress. and weaknesses to prepare them for their self greatly. The status quo in Congress encourages lon- roles in society. To be clear, it is we who are about to be- gevity in service. One's impact in Congress is Beacon College goes beyond teaching, it come the shame of the Nation. almost directly related to the length of time the prepares its students for a meaningful career f Member has served. This is due to the fact and an independent lifestyle. I am glad that I that the House and Senate are directed pri- am able to share with my colleagues the com- EXCELLENCE IN MILITARY marily by the elected leadership and the full mitment of Beacon College to providing oppor- SERVICE ACT and subcommittee chairmen. Few rise to tunities for those with learning disabilities. these levels without significant time served. Through its efforts, the College is making a HON. HOWARD COBLE Therefore, many Members will do their best to richer life for its students and their families. OF NORTH CAROLINA stay in Congress as long as possible, making f IN THE HOUSE OF REPRESENTATIVES it a career. Consequently the tendency of REMARKS ON IMPEACHMENT Wednesday, January 6, 1999 most will be to try to please every interest PROCEEDINGS group in order to get reelected. While term Mr. COBLE. Mr. Speaker, I rise today to in- limits would not completely end this attitude, it troduce the ``Excellence in Military Service would mitigate it considerably because term HON. GARY L. ACKERMAN Act.'' limits would mean that when somebody is OF NEW YORK This legislation would increase the active elected to Congress they would know that IN THE HOUSE OF REPRESENTATIVES duty service obligation (ADSO) of Military they were only coming here to serve a short Wednesday, January 6, 1999 Service Academy graduates from five to eight period of time, not to make a career of it. I Mr. ACKERMAN. Mr. Speaker, I rise tonight years. Many Americans do not realize that this favor term limits not because of a hostility to- to strongly oppose the impeachment of the free and highly competitive college education ward Congress but as an affectionate meas- President of the United States. My President. costs the average taxpayer over $270,000 per ure to restore Congress to its rightful role as The People's President. cadet/midshipman. While I believe that invest- a deliberative branch of government which Today we embarrass the memory of our ing in our military is critical to the future stabil- governs with the next generation, not just the country's Founders as we torture the intent of ity of our nation, I do not think it is fair to bur- next election, in mind. the genius of their system of balancing the den the taxpayer with this expense without re- Term limits will give us the citizen legislature awesome powers of Government. Once our quiring academy graduates to exhibit a similar the Founding Fathers envisioned and effect votes are cast on this despicable issue, no commitment in their ADSO. I maintain that it is fundamental reform in the attitude of those longer will we be able to look upon ourselves not unreasonable that for a free education, serving in Congress as well as in the attitude and our House as honorable; or even as men with a monetary allowance, that a graduating about service in Congress. Term limits will in- and women who are here to serve as a check cadet/midshipman be required to commit to a ject fresh ideas in Congress, ensure a rotation on the power of the Executive. Instead, we will longer period of obligated service upon com- of influence and give people more choices have become a House that sits in moral missioning. with more open seat elections. judgement over another man, meting out pun- As college tuition continues to skyrocket, I Congress has both an opportunity and an ishment for personal deeds which we deem believe our U.S. military academies will be- obligation to make fundamental changes unacceptable. The Majority party, however, come even more attractive to prospective col- which improve the way in which Congress has decided that this course is pre-deter- lege students. In light of this fact, we need to works for the American people. Fighting for mined, because we must uphold ``the rule of ensure that a free education does not become term limits is central to that effort and I urge law.'' Otherwise, our country will descend into a primary motivation for future applicants. I my colleagues to support this proposal. chaos. maintain that increasing the ADSO is an effec- f Yes, Mr. Speaker, no one is above the tive way to accomplish this without jeopardiz- lawÐand there is no question that the law ing the viability of these historic institutions. INTRODUCTION OF THE AUTISM must be followed. But we also serve a greater I hope my colleagues will join with me to STATISTICS, SURVEILLANCE, RE- document: and that is the Constitution of the protect the U.S. taxpayers' investment in one SEARCH, AND EPIDEMIOLOGY United States. And it is the words within that of our nation's most precious resources. ACT OF 1999 (ASSURE) great document that we must follow in this f case as we decide whether the disgraceful be- HON. CHRISTOPHER H. SMITH 12-YEAR TERM LIMITS havior by the President merits his impeach- OF NEW JERSEY ment. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, under your leadership and that HON. BILL McCOLLUM Wednesday, January 6, 1999 of your party, we stand hereÐsmall men with OF FLORIDA petty careers, and partisan of purpose, to di- IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of New Jersey. Mr. Speaker, minish our great Republic. Devoid of a sense today I am re-introducing legislation that will of proportion and overburdened with an ex- Wednesday, January 6, 1999 provide $7.5 million to establish several cen- cess of hubris, you claim conscience as your Mr. McCOLLUM. Mr. Speaker, today I am ters of expertise in autism in an effort to quan- exclusive domain, and deny us the right to introducing a proposed amendment to the tify the incidence and prevalence of autism, as offer the People's WillÐa motion of censure. Constitution that will limit the number of terms well as develop new ways to treat and prevent I can only surmise the answer to that is be- a Member of Congress may serve to a uni- pervasive developmental disorders such as cause the Republican leadership is being driv- form, lifetime term limit of 12 years in the autism. My legislationÐThe Autism Statistics, en by a core of short-sighted, bitter, and House and 12 years in the Senate. This is a Surveillance, Research, and Epidemiology Act small-minded people who would do away with proposal I have enthusiastically pushed for of 1999 (ASSURE)Ðwill empower the Centers the high-minded principles espoused and over the years and one I continue to support. for Disease Control and Prevention's (CDC) in framed for time immemorial by the Founders I am firmly convinced that this is the single the fight against autism. of this Nation. And they would do this for the biggest obstacle to making some of the tough This bill was crafted in close cooperation sole reason that they do not agree with the decisions that have to be made as we move with the National Alliance for Autism Research President's actions. However, the President's into the 21st century. Term limits is not a par- (NAAR), the developmental disabilities experts behavior does not put him in the category of tisan issue. It is a sound proposal with broad at CDC, as well as with service providers from those who would commit treason, except per- popular support. New Jersey. It is a health care and medical haps in the minds of those conspiracy theo- The arguments for term limits are numerous research bill which is long overdue, and I urge rists who are consuming the Majority party. and persuasive. Volumes could be written on all of my colleagues to lend it their support. E36 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 According to the Centers for Disease Con- States about autism was inadequate to the Chairman of the Veterans' Affairs Committee, trol and Prevention, ``autism is a serious life- task at hand. Quite simply, no one knew for to introduce the Arlington National Cemetery long developmental disability characterized by certain what the national rate of autism was Burial Eligibility Act. This important legislation impaired social interactions, an inability to supposed to look like, and therefore no one is deserving of the strong support of each communicate with others, and repetitive or re- could tell parents whether the rate of autism in Member and I am hopeful this measure will re- strictive behaviors.'' It is estimated that autism their town was at, above, or below the national ceive prompt attention and consideration early affects one out of every 500 children, although average. in the 106th Congress. precise rates are unknown. There is also a This news came as a surprise to me and to The measure which Chairman STUMP and I general consensus that autism rates seem to the parents of autistic children. Although there are introducing today is similar to legislation be increasing, although it is not known wheth- are rough estimates of autism rates from stud- approved by the House last year. This meas- er these increases represent a better under- ies in foreign countries, CDC and the NJDHSS ure, like the legislation approved by the House standing of the developmental disability (i.e., did not have enough information to determine during the 105th Congress, establishes eligi- better diagnosis), or an actual increase in de- if the alleged autism ``cluster'' in Brick was a bility rules for burial at Arlington National Cem- veloped cases of autism. real public health problem or an illusion of eteryÐone of our Nation's most hallowed Under the Smith ASSURE legislation, CDC chance. And without knowing whether or not a sites. will uncover and monitor the prevalence of au- problem exists, it makes it tough for public As noted by the General Accounting Office, tism at a national level by establishing be- health officials to respond to a community's the eligibility requirements for burial at Arling- tween three and five ``Centers for Research in concerns because the cause of autism and ton National Cemetery need clarification and Autism Epidemiology'' across the country. how to prevent it remain shrouded in mystery. the act introduced today provides that clarifica- These centers would conduct population- Mr. Speaker, the experience of Brick should tion. In particular, this important legislation is based surveillance and epidemiologic studies serve as a wake-up call that more autism re- intended to eliminate the inconsistency in the search is needed if the causes of the disorder of autism. Periodic screenings of the popu- granting of waivers for burial at Arlington Na- and a cure are to be found anytime soon. lation (5- to 7-year-old children) would be un- tional Cemetery which has occurred in the As a first step, an intensive effort by CDC dertaken to examine prenatal, perinatal, and past. postnatal factors that contribute to autism de- and the Agency for Toxic Substances and Dis- ease Registry (ATSDR) is underway to try to As both a Marine and a member of the velopment. Committee on Veterans' Affairs, I know that These centers would combine data from derive national autism rates and to determine if an autism ``cluster'' exists in Brick. The study Arlington National Cemetery is truly sacred multiple sites to gain a better understanding of ground, especially for our Nation's veterans how autism differs from other developmental is one of the first of its kind ever undertaken in the United States, and the results of the in- and their loved ones. Like many others, I was disabilities and disorders. Because autism is extremely concerned by reports, later shown suspected to be caused by a combination of vestigation will prove invaluable for other com- munities that may be affected by similarly high to be totally without any substantiation, that both genetic and environmental factors, the waivers for burial at Arlington National Ceme- ASSURE legislation would help CDC track the numbers of autism cases. But we need to take the second step and tery had been granted in exchange for major trends of autism and determine which factors political contributions. are responsible for the apparent rise in autism enact this legislation if we are going to gen- erate real progress in the fight to eliminate au- While an expedited examination of this alle- cases nationwide. In short, the ASSURE legis- gation by the General Accounting Office found lation will build the research infrastructure criti- tism. Mr. Speaker, CDC has already estab- lished a pilot programÐan autism epidemiol- ``no evidence'' of waivers for contributions, it cal to finding the cause or causes of autism. did highlight some of the serious flaws in the And once the cause or causes are identified, ogy centerÐnear Atlanta, Georgia. The limited but promising results from this initiative points existing process for burials at Arlington Na- prevention strategies can be developed and a tional Cemetery. cure becomes more likely. to the fact that current understanding of au- The collaborative efforts by CDC and state tism is woefully inadequate and that better The Arlington National Cemetery Burial Eli- health departments will help scientists better surveillance and monitoring of developmental gibility Act which Chairman STUMP and I are understand which environmental exposures, if disabilities like autism are critical to providing introducing today addresses those concerns any, are most likely to cause children to de- answers and hope for the nearly 500,000 au- by removing most of the discretion, ambiguity velop autism in the womb. In addition, each tistic persons in America. and guesswork for eligibility for burials at Ar- lington National Cemetery. This legislation will center established under this legislation would SUMMARY OF AUTISM STATISTICS, SURVEIL- tend to develop a certain niche of autism ex- LANCE, RESEARCH, AND EPIDEMIOLOGY ACT OF also make it easier for the public to under- pertise. Such areas could include: specific ge- 1999 (ASSURE) stand the requirements for burial at Arlington netic markers; early prenatal maternal drug $7.5 million in authorization for the Cen- National Cemetery. and other exposures; and other autism spec- ters for Disease Control and Prevention I commend the gentleman from Arizona, (CDC) to create the National Autism and trum disorders. Chairman STUMP, for his strong and effective Pervasive Developmental Disabilities Sur- leadership and his stalwart efforts to establish, The story behind the creation of this legisla- veillance Program. tion is in many ways illustrative of why we Authorizes CDC to create between three in law, eligibility for burial at Arlington National need to pass and enact the ASSURE act this and five ‘‘Centers of Excellence in Autism,’’ Cemetery. I invite all of my colleagues to sup- year. For it was only after I had a meeting with which would: (1) monitor the prevalence of port and cosponsor this most important legis- a pair of courageous parents of autistic chil- autism at the national level, (2) assist in de- lation. dren in Brick Township that I realized the velopment of state autism surveillance pro- pressing need for better autism research. grams, (3) provide education and training for f health professionals to improve treatment of Mr. and Mrs. William Gallagher, the parents autism, and (4) develop center-specific exper- TRIBUTE TO AHMED SAMAWI of two beautiful children with autism, met with tise in one or more areas of autism research. me to share their concerns that Brick Town- Establishes CDC as the nation’s clearing- ship seemed to have an abnormally high num- house for autism research and policy devel- HON. ROB PORTMAN ber of children diagnosed with autism. After opment. OF OHIO Establishes an advisory committee and au- presenting me with preliminary data suggest- IN THE HOUSE OF REPRESENTATIVES ing that as many as 27 children may have thorizes annual reports to Congress on the state of autism research. Wednesday, January 6, 1999 been diagnosed with autism in Brick over the last decade, I relayed their concerns person- f Mr. PORTMAN. Mr. Speaker, on October ally to Len Fishman, Commissioner of New ARLINGTON NATIONAL CEMETERY 19, 1998, the Greater Cincinnati religious com- Jersey's Department of Health and Senior BURIAL ELIGIBILITY ACT munity lost one of its finest leaders. Ahmed Services (NJDHSS). I asked him to initiate a Samawi, a friend and a man who treasured preliminary inquiry to determine if an autism HON. LANE EVANS his faith and the freedom to worship without ``cluster'' investigation was warranted. consequence, passed away at the age of 65. OF ILLINOIS Commissioner Fishman was very receptive A devoted family man and successful busi- IN THE HOUSE OF REPRESENTATIVES to the concerns of the Brick parents, but after nessman, he will perhaps be best remem- a few weeks of preliminary research by state Wednesday, January 6, 1999 bered for his vision of better understanding officials, it became apparent that the current Mr. EVANS. Mr. Speaker, I am proud to join and closer relations between the Christian, Is- level of scientific knowledge in the United today with the gentleman from Arizona, the lamic, and Jewish communities. CONGRESSIONAL RECORD — Extensions of Remarks E37 Born in Damascus, Syria, Mr. Samawi real- rate of basic pay for cabinet-level officials. As resentatives' function as the people's House. ized that simple misunderstandings could cre- of January 1, 1999, that figure is $151,800. Today's technology almost instantly allows ate problems among people of different reli- Finally, the bill will deny a presidential pen- people in Washington, DC to know how the gions. His dream was to build an Islamic Cen- sion until a former president reaches the pre- people they represent in their district feel ter in the Cincinnati area to help bring an end vailing retirement age under Social Security. about issues of the day. No longer must Rep- to those misunderstandings. He spent his own Here is an example of the costs the tax- resentatives periodically make the trek home resources and the last years of his life working payers face following President Clinton's serv- to put themselves back in touch with the local towards that goal. His dream became a reality ice. President Clinton will be in his mid-fifties wants and needs. Now we fly home on week- in 1995. What began as a plan for a modest at the end of his second term. Since his presi- ends, read our local papers in DC, receive meeting place blossomed into a glorious build- dential pension kicks in immediately upon his countless polls and tune in to the news. ing. However, it was not the building for which leaving office on Inauguration Day, he could In the end, Mr. Speaker, there will be no he will be remembered for, but rather his vi- draw over two-and-one-quarter million dollars loss of service by lengthening the term of of- sion for a better understanding of the Islamic in pension benefits before he reaches retire- fice while limiting them. Indeed, it will improve religion. ment age. as more attention is paid to legislating instead One of the Center's missions, in addition to Please don't misunderstand me. I hope that of campaigning. This is a complete reform providing a place of worship for Muslims in the all current, former and future presidents lead package deserving of our attention. Cincinnati area, is to reach out to area Chris- long and fruitful lives upon leaving office. How- f tians and Jews. Mr. Samawi felt that the Is- ever, the vast majority of Americans struggle lamic faith was plagued by misunderstanding. to make ends meet, and often are unable to MEDICAL CLINICAL TRIAL He spent a great deal of his life trying to re- save for their own retirement. Nevertheless, LEGISLATION move the barriers of misunderstanding so that they are forced to contribute to the retirement all faithful people could live together. When he packages of former presidents and members HON. KEN BENTSEN passed away, he was working toward expand- of Congress. OF TEXAS ing the Center to include a museum, library, Over the years, my constituents have IN THE HOUSE OF REPRESENTATIVES and school. He wanted to create a place that shared with me their outrage over the lavish- Wednesday, January 6, 1999 Muslims would be proud of, and Christians ness and cost of these benefits. I believe and Jews would be comfortable exploring. elected officials need to make real sacrifices if Mr. BENTSEN. Mr. Speaker, I rise today to Mr. Samawi has inspired us all with his vi- we hope to gain the support of the American introduce legislation, the Medicare Clinical sion for a more spiritually united Greater Cin- people for shared sacrifice to keep our country Trial Coverage Act of 1999, that would provide cinnati. He will be missed by the entire reli- on the path to fiscal prosperity. Medicare coverage for patient costs related to gious community. I believe these bills represent bold and dra- participation in clinical trials. Clinical trials are f matic proposals. That is why I hope my col- research studies that test new medications leagues will join me in pushing this legislation and therapies in clinical settings and are often CONGRESSIONAL AND EXECUTIVE to passage. the only treatment available for people with BENEFITS MUST BE CONTROLLED f life-threatening diseases such as cancer, AIDS, heart disease, and Alzheimers. HON. HOWARD COBLE TERM LIMITS WITH THREE 4-YEAR As the representative for the Texas Medical TERMS OF NORTH CAROLINA Center, where many of these life-saving trials IN THE HOUSE OF REPRESENTATIVES are being conducted, I believe there is a real need for this legislation to guarantee that pa- Wednesday, January 6, 1999 HON. BILL McCOLLUM OF FLORIDA tients can receive the cutting-edge treatment Mr. COBLE. Mr. Speaker, when I first came IN THE HOUSE OF REPRESENTATIVES they need. I believe we must ensure that to Congress in 1985, I took to the well of the Medicare beneficiaries can obtain the best House to protest members' perks. In particu- Wednesday, January 6, 1999 available treatment for their illnesses. Without lar, I cited the congressional pension plan and Mr. MCCOLLUM. Mr. Speaker, today, I am this guarantee, patients must work aggres- the federal employees Thrift Savings Plan as introducing a proposed amendment to the sively to make sure that they receive the care ``overly generous at best, outrageously ex- Constitution that will not only limit the number they need. We must end this uncertainty and travagant at worst.'' Although I've been waging of terms a Member of Congress may serve. guarantee the best available care for all Medi- this battle for fourteen years, no action has This proposal would extend the length of a care patients. been taken to date to reduce either benefit. single term in the House from 2 to 4 years. I have been contacted by many researchers So, once again, I am introducing a package Senators would remain in 6-year terms. at the Texas Medical Center, including the of bills designed to relieve beleagured tax- The arguments for term limits are well- University of Texas MD Anderson Cancer payers from footing the bill for certain congres- known. The Founding Fathers could not have Center, University of Texas Health Science sional and executive branch benefits. envisioned today's government, with year- Center, Baylor College of Medicine, and the The first bill eliminates the congressional round sessions and careers in Congress. Childrens' Nutrition Research Center, about pension for members who are not yet vested. Term limits would eliminate the careerism that the need for this legislation. These research- I do not believe extravagant retirement bene- permeates this institution, enticing Members to ers are conducting clinical trials to test new fits are necessary to entice qualified Ameri- work toward extending their careersÐa goal medical therapies and devices such as gene cans to run for Congress. They are costly and sometimes at odds with the common good. therapy, bone marrow transplantations, and excessive. There are simply too many competing inter- targeted antibody therapy that will lead to bet- The second bill revises former presidents' ests groups. ter medical care and save lives. benefits. I am proposing to end Secret Service However, my proposal takes the essence of Although there may be costs associated protection for future former presidents after term limits to limit the influence of careerism with more access to clinical trials, I believe one year; their spouses and minor children will and the incessant campaigning it requires, by that we should ensure access to clinical trials no longer be entitled to Secret Service protec- increasing the length of a term in the House as a means to ensure quality health care serv- tion after Inauguration Day. We estimate this of Representatives. Currently, each Member of ices. I also believe that this Medicare reim- will save $15 million per year once it is imple- the House serves 2-year terms. That means bursement policy would encourage other mented. that after each election, a House incumbent health plans to cover these routine costs. The bill also changes the law prospectively must begin campaigning again almost imme- It is also important to note that providing to prevent presidents from double- or triple- diately. This dangerous cycle almost never Medicare coverage for clinical trials will in- dipping from the federal government. Specifi- stops. A 4-year term would mitigate this to a crease participation in such trials and lead to cally, it requires a former president to waive certain degree. Looking at it another way, a faster development of therapies for those in the right to each other annuity or pension to person would have to run only three times to need. If often takes three to five years to en- which he (or she) is entitled under any other serve the maximum number of years. That is roll enough participants in a cancer clinical Act of Congress (that is, any other federal certainly an improvement, especially when tied trial to make the results legitimate and statis- pension which he earned), in order to receive to term limits. tically meaningful. In addition, less than three the presidential pension. The value of the Mr. Speaker, it is important to note that a 4- percent of cancer patients, half of whom are presidential pension is equal to the annual year term will not eliminate the House of Rep- over 65, currently participate in clinical trials. E38 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 This legislation will likely increase enrollment dropped her Medicare HMO coverage and re- more, FAA's lack of progress on air traffic con- and help researchers obtain meaningful re- turned to traditional, fee-for-service Medicare. trol (ATC) modernization has led to sugges- sults more quickly. With her new Medicare coverage, Mrs. Guerra tions in international forums that current U.S. This legislation would apply to all federally- petitioned MD Anderson to join a clinical trial. management of oceanic ATC be taken away. approved clinical trials, including those ap- After much effort on the part of her son-in-law, And as the National Civil Aviation Review proved by the Departments of Health and Mr. Gunning, Mrs. Guerra joined a clinical trial. Commission found ``although 19 out of 20 of Human Services, Veterans' Affairs, Defense, It is still unclear whether all of the cost associ- the busiest airports in the world are in the and Energy; the National Institutes of Health; ated with her clinical trials will be covered by U.S., the nation can no longer claim that it has and the Food and Drug Administration. Medicare. My legislation would guarantee that the world's most modern air traffic control sys- There are currently three types of costs as- Mrs. Guerra would get the services she needs tem.'' sociated with clinical trialsÐthe cost of the and would require all types of Medicare plans We tried to begin addressing these chal- treatment or therapy itself, the cost of monitor- to provide coverage for clinical trials, including lenges in 1990, by passing legislation that ing such treatments, and the cost of health Medicare managed care plans. I have visited would have increased investment in airports care services needed by the patient. Clinical with Mrs. Guerra and she is currently under- and air traffic modernization. Under that law, a trials usually cover the cost of providing and going treatment. plan was established to allow new revenues monitoring the therapies and medications that My legislation also includes a requirement coming into the aviation trust fund to be fully are being tested. However, such programs do that the Secretary of Labor and Health and spent and the trust fund surplus, that existed not cover routine patient care costsÐthose Human Services prepare a report to determine at the time, to be gradually drawn down. In a medical items and services that patients would how many group health plans currently cover spirit of cooperation, the reported bill also need even if they were not participating in a the patient care costs associated with clinical eliminated the penalty clause that the then- House Committee on Public Works and Trans- clinical trial. Under current law, Medicare does trials and how much it would cost to cover all portation used to limit funding of operations not provide coverage for these costs until federally approved clinical trials. I believe that from the trust fund if capital development was these treatments are established as standard this report to Congress will show how cost-ef- insufficient. As the report accompanying the therapies. Medicare does not consider these fective these treatments are and ensure that bill said at that time: ``We believe that we can patient costs to be reasonable and necessary all health care plans provide access to clinical best meet our common goals by working co- to medical care. My legislation would explicitly trials. operatively, rather than relying on penalty guarantee Medicare coverage for patients' President Clinton has also proposed similar costs associated with clinical trials. Such costs clauses and other legal forcing mechanisms.'' Medicare coverage for patient care costs relat- Unfortunately, that agreement was violated serve as a significant obstacle to the ability of ed to clinical trials, but the Administration's by the Office of Management and Budget and older Americans to participate in clinical trials. plan is limited to cancer clinical trials and is a the Appropriations Committee. In 1990, we set As I stated earlier. Medicare claims for the capped entitlement. My legislation would in- health care services associated with clinical out modest amounts of funding for facilities clude more types of federally-approved clinical and equipment (F&E) and the airport improve- trials are not currently reimbursable. A recent trials, so more patients would be able to par- GAO report concluded that Medicare is cur- ment program (AIP), but they soon went by ticipate in these cutting-edge therapies. the wayside. By 1994, rather than spending rently reimbursing for certain costs associated f $2.1 billion for AIP and $2.5 billion for F&E, in- with clinical trials, even though the Health stead $1.69 billion was spent for AIP and Care Financing Administration (HCFA), the THE TRUTH IN BUDGETING ACT $2.12 billion for F&E. In fiscal year 1991, cap- federal agency responsible for Medicare, has ital investment was 50 percent of the FAA stated that Medicare policy should not reim- HON. JAMES L. OBERSTAR budget, by FY1998, it was 42 percent. And burse for these medical services. In fact, the OF MINNESOTA rather than drawing down the trust fund bal- GAO report estimates that HCFA reimburses IN THE HOUSE OF REPRESENTATIVES ance, the uncommitted balance in the trust as much as 50 percent of claims made under Wednesday, January 6, 1999 fund is now estimated to be $22 billion by Part B and 15 percent of the claims made Mr. OBERSTAR. Mr. Speaker, I rise today 2004 and $53 billion by 2008. under Part A. While some physicians and hos- Additionally, the General Accounting Office to join my good friend and colleague, BUD pitals have been able to convince Medicare to has confirmed that airport capital needs are SHUSTER, in introducing legislation to take the cover some of these patient care costs in cer- $10 billion a year. The present system of avia- tain trials, such coverage has been uneven aviation, harbor maintenance, and inland wa- tion financing provides about $6±7 billion a and there is no firm rule governing them. I be- terways trust funds off-budget. This legislation year, with the AIP program contributing less lieve we must end this inconsistency and en- will ensure that all revenues contributed by than $2 billion a year to those needs. Further- sure that patient costs are fully covered. My users of our transportation system to develop more, funding for F&E is woefully inadequate. legislation will also require all types of Medi- and maintain those systems are spent for their In fact, F&E is appropriated at $2 billion for care plans, including Medicare managed care intended purposes. FY1999, a level $400 million below an F&E plans, to guarantee such coverage. For aviation, this legislation has a very sim- level of $2.4 billion in FY1991. These inad- My legislation would also ensure that all ple, but critical, goal; ensuring that the Amer- equate levels of F&E and AIP funding contrib- phases of clinical trials are explicitly covered ican public continues to travel safely, securely, ute to delays for passengers and increased under this new benefit. Under the New Drug and efficiently in our nation's aviation system. costs for airlines, and increased maintenance application process, there are three types of The airline and aerospace industries are im- costs for FAA due to delayed replacement of clinical trialsÐPhase I, Phase II, and Phase III portant contributors to the U.S. economy, pro- obsolete equipment. these results are shame- trials. Phase I trials test the safety of a poten- viding highly skilled, high paying jobs. They di- ful, especially when money dedicated for in- tial treatment. Phase II and III trials examine rectly employ approximately 1.5 million people, vestment in airports and air traffic equipment both the efficacy and the safety of a treatment. and generate more than $100 billion in wages. sits idle because of budget constraints unre- Phase II trials are generally smaller and in- The total, worldwide economic impact of air lated to the needs of the aviation system. In volve fewer patients. Phase III trials include a transport was $1.14 trillion in 1994 and this is effect, trust fund revenues are withheld to bal- larger number of patients to ensure that the expected to increase to $1.7 trillion by the ance the rest of the budget. proposed treatments help patients. My legisla- year 2010. To remedy this, we need to build on last tion requires that Medicare pay for all types of However, these economic gains will only be year's historic TEA 21 legislation which estab- clinical trials. achieved if we have the air traffic safety, secu- lished that revenues collected from users of Last year, I was contacted by a constituent rity, and airport infrastructure to take advan- the highway system for the Highway Trust about the need for this legislation. Mr. Keith tage of them. Problems in the current system Fund should be spent only for the purposes Gunning contacted our office regarding his are already appearing and are projected to be for which they are collected, the development mother-in-law, Mrs. Maria Guerra. Mrs. Guerra even greater in the future. In 1987, the FAA of our highways and transit systems. The is suffering from pre-myelodysplastic (AML), a estimated that there were 21 airports at which same principle should now be applied to the type of leukemia that is common among sen- air carrier flights were delayed by a total of aviation system. ior citizens. Mrs. Guerra was enrolled in a more than 20,000 hours; by 1997, there were The bill we are introducing today is the first Medicare HMO that would not permit her to 27 airports, and that number is expected to step to reversing the unfortunate recent trends join a clinical trial at University of Texas MD grow to 31 by 2007. In addition, according to in aviation funding and ensuring that we invest Anderson Cancer Center for the treatment she Delta Airlines, air traffic inefficiencies cost it sufficiently to protect an irreplaceable eco- needed. After much effort, Mrs. Guerra approximately $360 million a year. Further- nomic jewel: our nation's aviation system. With CONGRESSIONAL RECORD — Extensions of Remarks E39 Members' support, we will again be able to and efficiency of our nation's aviation system TRIBUTE TO JOHN L. HOLDEN make the kind of investments we need in air- and waterways. port development and air traffic control mod- HON. ROB PORTMAN f ernization. If we are to ensure an efficient safe OF OHIO aviation system, we must begin to use aviation IN THE HOUSE OF REPRESENTATIVES revenues for their collected purposes: to main- HONORING UAW LOCAL 599 tain and enhance our nation's aviation system. Wednesday, January 6, 1999 In addition, historically, a general fund pay- Mr. PORTMAN. Mr. Speaker, on December ment averaging about 30 percent has been HON. DALE E. KILDEE 29, 1998, the Greater Cincinnati area lost one made to support our aviation system. This of its finest citizens. John L. Holden, an inspi- OF MICHIGAN payment has been made in recognition of both ration to many people, passed away at the the direct and indirect benefits of our aviation IN THE HOUSE OF REPRESENTATIVES age of 75. He was many different things to system to our nation's security and economic many different people: author, philanthropist, health. These benefits should be funded by Wednesday, January 6, 1999 Navy officer, a national leader in camping, and the nation as a whole not exclusively by users Mr. KILDEE. Mr. Speaker, I rise today as a business executive. But it was his fervent de- of the aviation system. Any off-budget plan member of the 106th Congress on behalf of a sire to counsel and provide learning experi- passed by this Congress must guarantee this group of men and women who proudly rep- ences to young people that has left a lasting general fund payment continues. resent the best of working America. On Sun- impression on a countless number of people We must also ensure that the money pro- day, January 10, 1999 the members of United throughout the community. vided to the FAA is well-spent. Full implemen- Automobile Workers Local 599 in Flint, Michi- Mr. Holden graduated from Cornell Univer- tation and validation of a cost accounting sys- gan will honor an historic milestone. On that sity in 1943. He served his country as a com- tem, and effective use by FAA management, day they will celebrate the 60th anniversary of munications officer in the Pacific Ocean during will be an important step forward. In addition, their charter as a UAW local. World War II, and later commanded a Landing appointment of the Management Advisory Ship Tank which supported Chinese CouncilÐwhich has been delayed for two If you have ever visited my birthplace, Flint, Naitonalists in their fight against Communism. yearsÐis absolutely essential. Other reforms Michigan, you would be greeted by a sign wel- Upon his return home, he founded and di- will get my full consideration but we must en- coming you to ``Buick City.'' This sign em- rected Standard Laundry and Linen Service. sure that the critical safety function of the FAA bodies the long, deep-rooted tradition and his- He also served as a Vice President of Krause is not compromised or weakened. tory that is UAW Local 599. For the men and Hardware Company and as an estimator for The other critical component of this legisla- women of Local 599, this history involves a Fisher-DeVore Construction Company. tion will allow the nation's waterborne trans- high level of pride in the Buick name, their However, as anyone who was acquainted portation system to remain among the best in product, and the community in which they with him knows, his real love and passion was the world. The nation's coastal ports provide have invested much of their lives. camping. In 1948, he and others purchased access to foreign and U.S. markets for vir- Over the years, the products that have been Camp Kooch-i-ching. He later succeeded his tually all international trade, while the inland produced by the members of Local 599 have mentor, Mr. Bernard S. Mason, as director of system provides safe and efficient transpor- received numerous accolades. One of their the camp, as well as the Wasaka Boys Club, tation for both domestic and foreign products. products, the 3800 Engine, is largely consid- a year-round program of camping and sports The contribution of the U.S. navigation sys- ered by experts to be the best 6-cylinder en- in Cincinnati. He later founded the Camping tem to the economy is impressive. The value gine in the world. In addition their products and Education Foundation to which he do- of foreign trade exceeds $600 billion annually, have won awards from J.D. Power and Asso- nated the camp. In 1969, he founded the Kee- creates 16 million jobs, and generates more ciates, Consumer Reports, and Smart Money Way-Din Ski Club, of which I was a member. than $150 billion in annual revenues for the Magazine, among others. Each of these cita- This group takes youngsters on skiing trips Treasury. Yet, for all these benefits we con- tions have recognized the members of Local throughout the western and northern United tinue to under invest in maintaining and im- 599 for the excellent quality of their workman- States. proving this transportation system. ship and product. Most importantly, however, was Mr. The inland waterway system is in particular Holden's ability to be a positive role model in need of investment. By the year 2000, 40 per- The members of Local 599 have worked the lives of so many young people. Leading by cent of the locks on the inland waterway will diligently to improve their facility's productivity example, he helped guide many children in be more than 50 years old; 26 locks will be and quality. They have established initiatives their search for the difference between right over 100 years old; and, the Nation's two old- to cut in-factory repairs by over 90% and cut and wrong. Mr. Holden had an uncanny way est locks opened in 1839. Unfortunately, be- the time it takes to build a car by 25%. It is of opening the eyes of his campers if a prob- cause of budget constraints, only about 75 because of steps such as these that have al- lem existed. He would then lead them in find- percent of the funds available for investment lowed Buick City to be highly ranked in na- ing a solution to that problem on their own. By are actually used, and the surplus continues to tional quality standings, including a recent helping them help themselves, Mr. Holden bol- grow. study in which it placed second of all General stered their self esteem and self worth. It also The Truth in Budgeting Act will change that. Motors factories. instilled a problem solving method in the chil- For coastal ports, the failure to spend re- Mr. Speaker, I have a personal reason to be dren that could be used well into adulthood. ceipts is even greater. As vessel drafts in- very proud of the achievements of UAW Local Mr. Holden's unfailing leadership and dedi- crease, there is a continuing need for main- 599. My father was a founding member of the cation to the youth of Cincinnati has touched taining and deepening channels. Unfortu- Local, joining the UAW in the 1930s. From my and inspired many people. Mr. Holden's life is nately, budget constraints have forced ex- own family's experience, I know the difference proof positive that one person can certainly penditures from the Harbor Maintenance Trust the UAW has made in the quality of life for the make a difference. That difference will surely Fund to little more than one-half of available Kildee household. be felt for years to come. revenues. f The benefits of fully spending the trust fund Mr. Speaker, we in the great State of Michi- extend beyond navigation. The Water Re- gan are more than proud of our reputation as INTEGRITY IN VOTER sources Development Act of 1996 expanded the automotive capitol of the world, having re- REGISTRATION ACT the uses of the fund to address critical needs cently celebrated the 100th anniversary of the related to disposal of dredged material. Envi- automobile. Just as we are proud of the prod- HON. BILL McCOLLUM ronmental concerns dictate that increasing uct, we are proud and grateful for the men OF FLORIDA amounts of dredged material not be disposed and women who day-in and day-out work to IN THE HOUSE OF REPRESENTATIVES of in open waters because of contamination of provide these quality products for our Nation the sediment. Making the trust fund fully avail- and the world. As the U.S. Representative for Wednesday, January 6, 1999 able not only benefits navigation, but the envi- Buick City, and as the proud owner of a Buick Mr. MCCOLLUM. Mr. Speaker, I rise today ronment as well. LeSabre, I ask my colleagues in the 106th to reintroduce the Integrity in Voter Registra- In closing, I urge all Members to sign on as Congress to join me in recognizing the accom- tion Act. Unfortunately, the issue of voter reg- co-sponsors of this legislation. Your support plishments of the men and women of UAW istration and the integrity of our election sys- will be critical to ensuring the safety, security, Local 599. tem sometimes goes overlooked. Indeed, the E40 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 issue of who may vote and where they may a few tools at absolutely no cost to the tax- nate example of what can and may continue do it is at the very heart of our democratic payer. This is what my legislation aims to do. to happen unless we encourage and inform all system. Preserving the integrity of this process Mr. Speaker, the Florida State Association parents about the need for accredited and is critical. But, there is significant evidence of Supervisors of Elections came to me toward credentialed child care providers and facilities. that vote fraud is not a rare occurrence. the end of the 104th Congress with sugges- CIDCARE through the Tax Code will en- There is a much bigger picture involving tions as to how the federal government can courage the demand for accredited or voter fraud that we do not always read about. assist them in doing their jobs. I have turned credentialed child care. This will be accom- However, I would recommend to my col- their suggestions into the Integrity in Voter plished in the following manner: First, by in- leagues that they read a well-written book, Registration Act. First, this bill would require creasing the amount which an employee can ``Dirty Little Secrets,'' by Larry J. Sabato and applicants registering to vote in federal elec- contribute to a dependent care assistance Glenn R. Simpson. Mr. Sabato is a well re- tions to provide their Social Security numbers. plan if a child is in accredited or credentialed spected political scientist at the University of Second, a state would be allowed to remove child care; second, changing the dependent Virginia and Mr. Simpson used to work for the a registrant's name from the list of eligible vot- care tax credit to allow parents to receive a bi-weekly paper on Capitol Hill, Roll Call. ers if the registrant has not voted in two con- higher and more equitable dependent day These two authors tackle numerous topics, in- secutive federal general elections after having care credit; third, providing tax benefits for em- cluding voter fraud. And it's scary. received a notice requesting confirmation of ployers which provide quality child care; Vote fraud issues include dead people vot- the registrant's address. fourth, extending eligibility for businesses to ing, people being able to game the system The Social Security number requirement take a qualified charitable deduction for the and lousy verification procedures. The tale of would allow each person to have a unique donation of educational equipment and mate- how a person was able to register his dog by identifier with their name. It would make it rials to public schools, accredited or mail is one of my favorites. easier to spot duplicate registrations. The noti- credentialed nonprofit child care providers; The election registration process is gen- fication requirement gives guidance to states fifth, establishing a $260 million competitive erally handled at the state level. However, since federal law is currently a bit vague. grant program to assist States in improving Congress asserted itself quite boldly when we Mr. Speaker, this proposal was given to me the quality of child care; sixth, expanding pub- passed the so-called ``motor-voter'' registration by the Florida State Association of Super- lic information and technical assistance serv- legislation, the National Voter Registration Act visors of Elections and I have gotten letters ices to identify and disseminate to the public of 1993. This legislation requires states to es- from other people outside of Florida, including what is important for child development in tablish motor registration procedures for fed- Texas and Illinois. These two changes would child care; seventh, providing $50 million to eral elections so that eligible citizens may go a long way toward helping keep the voter create and operate a technology-based train- apply to register to vote (1) simultaneously rolls clean. Surely this is no silver bullet. Noth- ing infrastructure to enable child care provid- with applying for a driver's license, (2) by mail, ing is. But this proposal would make a serious ers nationwide to receive the training, edu- and (3) at selected state and local offices that dent in duplicative and sometimes fraudulent cation, and support they need to improve the serve the public. I certainly have no problem registrations, ensuring the integrity of our elec- quality of child care; eighth, creating a child with making it easier for people to register to toral system. I urge my colleagues to support care training revolving fund to enable child vote. Of course, if someone would not take the Integrity in Voter Registration Act. care providers and child care support entities the time to register to vote prior to the change, f to purchase computers, satellite dishes, and I question whether he or she would actually other technological equipment which enable vote once registered, but that debate has al- THE CIDCARE ACT them to participate in the child care training ready been had. provided on the national infrastructure; ninth, The question we must now face deal with HON. BENJAMIN A. GILMAN requiring that all Federal child care centers will the potential for fraud in voter registration. To OF NEW YORK have to meet all State and local licensing and quote Sabato and Simpson, ``[v]oting fraud is IN THE HOUSE OF REPRESENTATIVES other regulatory requirements related to the back, is becoming more serious with each Wednesday, January 6, 1999 provision of child care, within 6 months of the passing election cycle, and soonÐbecause of passage of this legislation; and tenth, extend- the recent changes in the lawÐis destined to Mr. GILMAN. Mr. Speaker, today I am intro- ing the Perkins and Stafford Loan Forgiveness become even worse.'' The reason why motor- ducing CIDCARE, in an effort to effectively Program to include child care workers who are voter will make voting fraud an issue that we stimulate the demand for higher quality care employed full time providing child care serv- will not be able to ignore is the same reason for our Nation's children while simultaneously ices and have a degree in early childhood why the bill was so popular: it makes it easier removing barriers and providing resources to education or development or receive profes- to register to vote. Any one of my colleagues improve the quality of child care in the United sional child care credentials. could sit at home and mail in voter registration States. I urge all of my colleagues to review this bill cards with different addresses with little prob- Child care continues to be a worry for most and to join me in cosponsoring this important lem. I could even register my dog. As I said, families as stories continue to surface about measure. Our children are our future and we it's been done. the lack of quality child care. Moreover, re- insist that they receive the best care possible, To relate this another way, when I am back search has clearly demonstrated that a high- especially during their early development home doing precinct walks, my campaign will quality child care program is one that makes years. purchase voter rolls and have them sorted by the healthy development and education of chil- Accordingly, I will welcome your support. household. In the past, there used to be a few dren its first objective and strives to stimulate f duplicates or outdated names on the list, but the learning process of all children through de- nothing overwhelming. Nowadays, it is not un- velopmentally appropriate activities that foster INTRODUCTION OF THE LEWIS common to see several different names listed social, emotional, and intellectual growth. In AND CLARK RURAL WATER SYS- for one address. These people may or may addition, families in today's society are in- TEM ACT OF 1999 not have really lived at the address given, but creasingly required to have both parents enter certainly not all of them are living there now. the work force. The demand for quality child HON. JOHN R. THUNE The rolls are filled with outdated names and care is increasing as is the need for OF SOUTH DAKOTA addresses. It is no longer an error here, an credentialed and accredited child care provid- IN THE HOUSE OF REPRESENTATIVES outdated address there. To put it in fiscal ers. terms, in California alone, ``deadwood'' voters Accordingly, CIDCARE will stimulate the de- Wednesday, January 6, 1999 cause state and local governments to waste mand for higher quality child care for our Na- Mr. THUNE. Mr. Speaker, today I, along $5 to $8 million of taxpayers' money printing tion's children while simultaneously removing with my colleagues Representative MINGE and mailing voter pamphlets, unneeded bal- barriers and providing resources to improve from Minnesota and Representative LATHAM lots, and the like. the quality of child care in the United States. from Iowa, am pleased to introduce the Lewis The more we allow our voting rolls to get Many of my colleagues may have read and Clark Rural Water System Act of 1999. out of hand, the less secure our election sys- about the tragic circumstances surrounding This legislation would authorize the construc- tem will be. Some of this can be done locally the Fiedelhotz family in Florida. The tion of the Lewis and Clark Rural Water Sys- by improving databases or centralizing the Fiedelhotz' son Jeremy died after only 2 hours tem which, when completed, will serve over system. However, the federal government can at a day care facility. Through this tragedy 180,000 people in 22 communities, covering also allow state and local governments to use should have never happened, it is an unfortu- almost 5,900 square miles throughout South CONGRESSIONAL RECORD — Extensions of Remarks E41 Dakota, 1Minnesota, and Iowa. The project many of us take for grantedÐa cool glass of well as tobacco related community service. If and legislation recognize the tremendous need clean, fresh water. they continue to disregard the law and their the people of this region have for access to I look forward to working with each of you health, their driver's license would be sus- clean, safe, affordable drinking water. 1 in seeing this dream for many South Dako- pended from three to six months. This last re- The need for water development in South tans, Minnesotans, and Iowans come to fru- sort was suggested during one of our Sub- Dakota is great. In our state, water is a matter ition. committee hearings by a local teenager, who of health, economic development, and rural f told the Commerce Health Subcommittee that development. The ability of rural America to kids would only respond to this type of ap- survive and grow is directly related to the abil- YOUTH TOBACCO POSSESSION proach. ity of rural areas and growing communities to PREVENTION ACT Second, the bill would require States to have access to adequate supplies of safe enact stern punishments for people over the drinking water. Without a reliable supply of HON. GENE GREEN age of 18 who provide tobacco products to water, these areas cannot attract new busi- OF TEXAS youth. At that same hearing, many of our teen nesses and cannot create jobs. In a rural state IN THE HOUSE OF REPRESENTATIVES witnesses admitted one of the primary sources of tobacco are older people who buy for teens. like South Dakota, the link between the cre- Wednesday, January 6, 1999 ation of jobs and adequate water supplies This is simply not acceptable. I believe every cannot be emphasized enough. Mr. GREEN of Texas. Mr. Speaker, I am re- adult has the responsibility and moral obliga- Some cities and towns throughout the Lewis introducing the Youth Tobacco Possession tion to do whatever we can to prevent our na- and Clark project region are preventing new Prevention Act today because I believe we tion's youth from starting this deadly habit. building and development, just to preserve the have fallen well short of our responsibility to Unlike many proposals, this bill will not pun- existing water supplies. Because of these limi- protect children from tobacco marketing. Last ish States who choose not to enact the out- tations, these same communities have perma- year, we considered a variety of ``comprehen- lined legislation. It will, however, reward those nent restrictions on the use of water for wash- sive'' solutions to reverse the trend of youth States which act responsibly and do. Each ing cars and watering the lawsÐsomething smokingÐall of which failed. State that passes the provisions outlined in most of us take for granted. Further, over 75 Now that the States have settled their cases this bill will receive 5 additional points on their percent of the population relies upon shallow with the tobacco companies, it is even less Health and Human Services competitive public wells and limited water supplies, posing the likely that the federal government will pass health service grant applications. This incen- risk of exposing these residents to dangerous such broad legislation. However, there is one tive will hopefully encourage States to take ac- levels of contamination. Each of these factors very important issue that still needs to be ad- tion and do the right thing. point to the strong need for a comprehensive, dressed that could significantly reduce the f number of youth smokers is the issue of youth regional solution to meet this most basic of THE LIBERTAD ENFORCEMENT possession of tobacco products. needs. ACT The people of these three great states rec- It is estimated that 3,000 young people start ognized this same need when they organized smoking every day. Worse yet, one third, or to form the Lewis and Clark Rural Water Sys- 1,000 of these people will eventually die from HON. BILL McCOLLUM tem almost nine years ago in 1990. Since that tobacco related disease. Consider the emo- OF FLORIDA time, they have worked tirelessly to see their tional and financial strain these horrible situa- IN THE HOUSE OF REPRESENTATIVES dream of clean, safe water become a reality. tions will place on American families in the fu- Wednesday, January 6, 1999 The project has been supported strongly by all ture. In response to this national crisis, the Mr. MCCOLLUM. Mr. Speaker, I rise today three states, with the South Dakota legislature public health community, State attorneys gen- to introduce the LIBERTAD Enforcement Act having already committed $400,000 to Lewis eral, the U.S. Congress and even the tobacco and to reflect on the actions of the Clinton Ad- and Clark. The state legislatures of Minnesota industry proposed a variety of methods to re- ministration toward Cuba. and Iowa have authorized similar levels of duce youth smoking rates during the 105th Just yesterday, January 5th, the President support. The support of the Members of this Congress. announced several new measures to ``assist body who represent the Lewis and Clark serv- Most of the proposals would have spent and support the Cuban people without ice area further demonstrates the regional co- money on counteradvertising, tobacco ces- strengthening the regime.'' While I understand operation at play. The regional approach of- sation programs and tobacco education pro- that the regulations regarding these measures fered by the Lewis and Clark System maxi- gramsÐall worthy and necessary components have not been developed, I am concerned mizes the number of people that can be of comprehensive tobacco legislation. How- about the proposal that would allow sales of served, and it also serves to offer the most ever, the leadership of the American govern- food and agricultural inputs. Not only is it un- cost-efficient manner to provide water. ment has been sending a mixed signal to clear whether President Clinton has the au- This legislation, originally introduced in the America's youth and nothing in the proposed thority to make this change, but it is unlikely 104th Congress and reintroduced in the 105th settlement would change this. at this point that these sales would have much Congress, has been the subject of numerous Under current law, it is illegal to sell tobacco effect on the Cuban people, who it is designed hearings in the House and Senate and count- products to anyone under the age of 18 in all to help. Without a private sector and very few less hours of discussions and negotiations be- 50 States. However, if a person under the age non-governmental organizations, it will be dif- tween the project sponsors, the Administra- of 18 is somehow able to obtain tobacco prod- ficult to get food to the people and keep it tion, and many of our colleagues in Congress. uctsÐwhich it is painfully clear they are easily from Castro and his regime. Last September, the Senate companion bill able to doÐthere are only a few States that Cuba has been a dictatorship under Fidel met important success in its approval by the have enacted laws regarding the possession Castro for some 40 years. During that time I full Senate Energy and Natural Resources of tobacco by these young people. I find it in- think the world is fully aware of the many Committee. I am optimistic that we will see credibly hypocritical that we, as a government human rights violations this dictator has com- similar action on this important legislation here (either Federal or State), are so willing to mitted and his regime has committed. I think in the House. make buying tobacco illegal but are virtually the world is probably also fully aware that In closing, Mr. Speaker, I would like to reit- silent on possessing tobacco. Cuba and Fidel Castro remain only one of two erate the importance of this vital project. Peo- Despite the strides that were been made by Communist dictatorships left after the fall of ple most familiar with the project have clearly the recent states settlement, this is still a huge the Soviet Union and changes around the seen that the need for water is great and in- problem. Barely half of the states have en- world and tendencies towards more democ- disputable. Likewise, the roll of the federal acted tobacco possession laws that actually racies, as we have seen in the last decade or government in both participation and funding make it illegal for someone under the age of so. rural water supply has been set by numerous 18 to possess tobacco products. We have tried numerous times in small, in- and lengthy historical precedents. Now it is up The Youth Tobacco Possession Prevention cremental ways, to either oust Fidel Castro or to the House to respond to this need. Con- Act will help solve this problem. There are two to change his policies. It should be abundantly gress has the opportunity to do so by support- key components to this bill. First, in dealing clear to anyone who has observed this man ing this important piece of legislation and mov- with the youth, it focuses on education rather over the years that he is not about to change ing forward with plans that will allow over than punishment. For first and second time of- his stripes. He is not about to give up his ruth- 180,000 hard-working taxpayers the oppor- fenders, youth will be required to complete to- less power. And if he does, it will not be vol- tunity to turn on their taps and receive what bacco education and cessation programs, as untarily. E42 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 For those who wish democracy in Cuba, I this Congress should pass a law that says that gressman from eastern Washington. He was can only say I hope so too. However, it is title III is no longer eligible for waiver, that it born in a log cabin on the banks of the wishful thinking if you think it is going to come indeed is the law of this land, that Americans Wenatchee River in an area settled by his fa- about as long as Fidel Castro is in power. The who formerly had an interest in Cuba can sue ther, a fact he proudly boasted of, raised in only way to see democracy in Cuba and to foreign companies investing in those property Wenatchee, served in the Navy during the see our hemisphere democratic and to have interests in Cuba. First World War, graduated from Washington normal relations again with that small Nation I would urge my colleagues to examine it. It State University in Pullman, and returned to state to the south is for Fidel Castro to leave is a very important ingredient in our foreign Wenatchee to raise apples on his family farm. office and for those who supported him for all policy. We should never have allowed a dicta- Following election to Congress he served on these years to end that support. torship to exist for 40 years of such a vile na- several committees, but for most of his tenure Castro may make modest changes in how ture as we have in Castro south of here, just he sat on the Appropriations Committee, rising he does business, which have no bearing in 90 miles off our coast. And there is no reason, to third in seniority on the Republican side. He reality upon ever becoming truly democratic or no reason to allow our allies and their busi- paid particularly close attention to agriculture allowing a true market system to work, and he ness interests to continue to prop up that dic- and conservation interests and continued to is given a reward to do this by the continued tatorship with its human rights violations any share in the operation of his family farm while open door policies of these allies who pour longer. The time has long since passed to do serving in Congress. Rep. Horan was a consummate advocate of these dollars in through the businesses that something about it. Let us act in this Congress western interests, especially those of eastern operate there. to force the hand of this President and to Washington, and he also conducted himself In Title III of the law that is known as allow American citizens to sue, at the very with dignity and honor as a Member of Con- Helms-Burton that was passed in 1996, there least to try to bring some pressure that can be was a provision very important to stopping this gress. He died in 1966 and is buried in his be- legitimately brought on the Cuban regime in loved hometown of Wenatchee. continued support of the Castro regime. That addition to enforcing the embargo and what- f provision allows U.S. nationals to sue in U.S. ever else we can do within our powers. Federal court those persons that traffic in f FEDERAL EMPLOYEES GROUP property confiscated in Cuba. Unfortunately, LONG-TERM CARE INSURANCE the President is allowed to grant waivers of up NAMING THE THOMAS S. FOLEY ACT OF 1999 to six months for implementation of this provi- FEDERAL BUILDING AND UNITED sion. Since Helms-Burton was enacted, Presi- STATES COURTHOUSE AND THE WALTER F. HORAN PLAZA HON. ELIJAH E. CUMMINGS dent Clinton has routinely waived this section. OF MARYLAND There can be no lawsuits, no litigation in IN THE HOUSE OF REPRESENTATIVES American courts against foreign corporations, HON. GEORGE R. NETHERCUTT, JR. Wednesday, January 6, 1999 foreign business interests that invest in pre- OF WASHINGTON viously owned American property in Cuba or IN THE HOUSE OF REPRESENTATIVES Mr. CUMMINGS. Mr. Speaker, on behalf of American interests in Cuba. That is a horrible the President of the United States, William Wednesday, January 6, 1999 decision by the President. It is outrageous Jefferson Clinton, I am pleased to introduce what he did. It is something that kowtows to Mr. NETHERCUTT. Mr. Speaker, today I this important legislation that will provide long- the big business interests of our allies and is have introduced legislation, designating the term care insurance to federal employees. detrimental to everything that we believe in federal building located at West 920 Riverside Long-term care refers to a broad range of and to the best interests of our national secu- Avenue, Spokane, Washington, as the ``Thom- health, social, and environmental support serv- rity and our interests in this hemisphere. as S. Foley Federal Building and United ices and assistance provided by paid and un- Our interest is in having democracy in Cuba States Courthouse.'' The bill also designates paid caregivers in institutional, home, and and that can only happen when the noose is the plaza located immediately in front of the community settings to persons who are limited tied tightly enough around Castro and the cur- building as the ``Walter F. Horan Plaza.'' Rep. in their ability to function independently on a rent Cuban regime that he is ousted and that Foley had offices in this building and Rep. daily basis. The need for long-term care insur- a new government comes into place. The Horan was instrumental in securing funding for ance is evidence as the population ages and economy of that country is dependent upon its construction. older Americans need assistance for their these investments and anything we can do to Many Members will recall the long and dis- daily living. The number of Americans over 65 will leap stop the money from flowing and the support tinguished career of Rep. Tom Foley, who from 34 million in 1995 to 60 million by 2025. from flowing into this government and into its now serves as our nation's Ambassador to Americans will find it impossible to afford nurs- economy is essential and important and criti- Japan. Mr. Foley was a Member of this body ing home care which will increase from cal, not only to the freedom-loving people who for 30 years, concluding his service as Speak- $40,000 today to $97,000 by 2030. Under cur- er of the House in the 103rd Congress. He want to be free in Cuba, Cuban Americans rent law, a family would have to deplete all also served as Speaker in the 102nd Con- and Cubans everywhere, but also to America, their financial resources to qualify for medicaid the United States' national security interest. gress, and in prior years held positions as Ma- which would only pay for a portion of needed There is no real progress being made. Cas- jority Leader, Majority Whip, and as Chairman long-term care services. By offering long-term tro's playing us for a sucker and this adminis- of the House Agriculture Committee. care as a benefit option for its employees, the tration is blind to that fact. You cannot have Mr. Foley personified the high ideals to federal government, as the nation's largest your cake and eat it, too, Mr. President. You which all of us aspire as Members of Con- employer, can set the example for other em- must understand that if we are to end this ty- gress. First and foremost he was a gentleman ployers whose workforce will be facing the rannical dictatorship south of the United who sought consensus among all Members. same long-term care needs. States, only 90 miles off our coast, a true em- He loved Congress, believing it to be the best The ``Federal Employees Group Long-Term bargo has to be enforced, a true economic forum for democracy in the world. Care Insurance Act of 1999'' would authorize embargo. And this provision, Title III of the Tom Foley is a native son of Spokane, the Office of Personnel Management (OPM) to Helms-Burton law allowing Americans to sue Washington, having attended local schools purchase a policy or policies from one or more in court companies abroad that are doing busi- earned his undergraduate and law degrees qualified private-sector contractors to make ness and investing in American interests, for- from the University of Washington. His parents long-term care insurance available to federal merly American interests in Cuba, has to be were dignified and highly respected citizens of employees and retirees, and family members allowed to go forward. And if it does, then and Spokane. He was first elected to Congress in whom OPM defines as eligible, at group rates. only then do we have a chance of ousting 1964 and served in the House for 30 years. In Coverage would be paid for entirely by those Castro in some more peaceable manner other 1997 he was nominated by President Clinton who elect it. than short of some invading force, which none and confirmed by the Senate to serve as Am- OPM will select a single or a very small of us is predicting or expecting or advocating. bassador to Japan. number of carriers based on quality, service I hope and pray that my colleagues will join Tom Foley wasÐand continues to beÐ and price to offer a high-quality benefits pack- with me in the next few months as we go back widely regarded in eastern Washington State age to eligible participants. This benefits pack- and revisit this issue legislatively. If the Presi- and has left a lasting legacy. age would be consistent with the most recent dent is not willing to enforce title III of Helms- Today we also honor another native son, National Association of Insurance Commis- Burton and is going to continue to waive it, Walter F. Horan. He served 22 yearsÐspan- sioners standards. OPM will be open to var- then I would suggest it is within our power and ning the years 1943 to 1965Ðas the Con- ious financing arrangements proposed by the CONGRESSIONAL RECORD — Extensions of Remarks E43 carrier(s), such as the use of consortia or rein- miums. I urge members to support this impor- THE BANK EXAMINATION REPORT surance arrangements to ensure the financial tant legislation. PROTECTION ACT stability of the program. OPM would have f broad flexibility to determine appropriate bene- HON. BILL McCOLLUM fits and to contract competitively for benefits RETIREMENT OF FORMER SATURN CHAIRMAN RICHARD G. ‘‘SKIP’’ OF FLORIDA with one or more private carriers, without re- IN THE HOUSE OF REPRESENTATIVES gard to section 5 of title 41, United States LEFAUVE Code, or any law requiring competitive bid- Wednesday, January 6, 1999 ding. OPM needs the flexibility to capitalize on HON. ED BRYANT Mr. MCCOLLUM. Mr. Speaker, I rise today complex market factors to procure the best OF TENNESSEE in support of legislation I am introducing, the value for federal enrollees. OPM will ensure IN THE HOUSE OF REPRESENTATIVES Bank Examination Report Protection Act that resulting contracts are awarded on the Wednesday, January 6, 1999 [BERPA] of 1999. This bill would establish that basis of contractor qualifications, price, and Mr. BRYANT. Mr. Speaker, as you may all confidential supervisory information shall be reasonable competition to the maximum extent know, my district in Tennessee is the home of the property of the Federal banking agency practicable. Qualified carriers shall: (a) be li- one of the most innovative automobile compa- that created or requested the information and censed to do business in all States and the nies in the worldÐThe Saturn plant of Spring shall be privileged from disclosure to any other District of Columbia to offer long-term care in- Hill. Since its inception, it has changed the person. The Federal banking agency may surance; (b) agree to provide coverage for all automobile industry enormously, from labor waive this privilege at its discretion. There are eligible enrollees consistent with requirements and management relations to how customers other appropriate exceptions in the bill, such for qualified long-term care insurance con- shop for cars on a showroom floor. as for the Comptroller General of the United tracts and issuers enacted under subtitle C of Former Saturn Chairman, Richard G. ``Skip'' States and for law enforcement. Title III of the HIPAA; (c) propose rates which LeFauve, has announced his retirement from Essentially, the issue of privilege is one that in OPM's judgment reasonably reflect the cost the automobile industry. Mr. LeFauve was must be addressed. The fact that financial in- of benefits provided; (d) maintain funds asso- elected to a new position of senior vice presi- stitutions may lose their privilege on informa- ciated with the federal employees contract dent for Global Leadership Development and tion turned over to a regulator has made them separate and apart from the carriers' other Global Human Resources Processes. He was more hesitant to share all relevant information funds; and (e) agree to all risk. also appointed president of the newly created with their regulators. This, in turn, makes it The contract or contracts would be for a du- GM University, effective April 1, 1997. more difficult for the regulators to do a thor- ration of 5 years, unless terminated by OPM. Richard G. ``Skip'' LeFauve was named ough job in their examinations of the institu- OPM will issue regulations to provide for op- President of Saturn, a wholly-owned subsidi- tions. In fact, this legislation is strongly sup- portunities to enroll and benefit portability. ary of General Motors on February 3, 1986, ported by the affected Federal banking regu- With this statutory and regulatory authority, with additional responsibilities on October 4, lators. OPM will have the flexibility needed to admin- 1994, when GM vice-president and group ex- I would like to make sure my colleagues are ister the program as the market for long-term ecutive in charge of the North American Oper- aware that this legislation would maintain ex- care services and protection evolves over ations (NAO) Small Car Group, and a member isting privileges and protect any materials cre- time. of the NAO Strategy Board. He was appointed ated by the regulators. This would not prevent The program would be available to federal Chairman of Saturn Corporation on August 8, litigants from discovering the underlying facts employees and retirees, and other spouses; a 1995. of any action. All nonprivileged sources would former spouse who is entitled to annuity under Prior to joining Saturn, he was vice-presi- still be available in discovery. This would sim- a federal retirement system; parents, and par- dent of Manufacturing Operations for GM's ply ensure that examination materialsÐthe ents-in-law. All participants other than active former Buick-Oldsmobile-Cadillac (B±O±C) critically important function of which is facilitate employees would be fully underwritten as is Group. free-flowing communication between the ex- standard practice with products of this kind. He began his General Motors career in aminer and the institution to maximize the ef- Coverage made available to individuals would 1956 as an engineer with Packard Electric Di- fectiveness of the supervisory processÐare be guaranteed renewable and could not be vision in Warren, Ohio. In 1957, he joined the not turned into a weapon against the regulated canceled except for nonpayment of premium. United States Navy and earned his wings as financial institution. Though each participant would be responsible a Naval Aviator in 1958. Following six years of BERPA would ensure that the safety and for paying the full amount of premiums, based active duty, he rejoined the Packard Electric soundness of our institutions is maintained on age at time of enrollment, group rates will Division of GM, becoming plant manager in through a vigorous and thorough supervisory save an estimated 15±20 percent off the cost 1968. He was appointed manager of Produc- process. This process is not complete when of individual long-term care policies. tion Engineering for the division in 1969. Two institutions are not forthcoming with informa- OPM will be responsible for the administra- years later, Mr. LeFauve became director of tion for fear of having information that was at tive costs of the program, which is estimated manufacturing engineering and was promoted one time privileged suddenly become subject to be $15 million over a 5-year period. Initial to general manufacturing manager in 1978. to subpoena. Therefore, not only does this year costs include developing and implement- Mr. LeFauve was appointed general man- help the supervisory process, but also the ing a program to educate employees about ager for the former Diesel Equipment Division, consumers and taxpayers that insure these in- long-term care insurance, procuring a contract Grand Rapids, Michigan, in 1980 and in the stitutions. I urge my colleagues to support this or contracts, and validating the reasonable- following year, he was named general man- legislation. ness of rate proposals. Employee and annu- ager for the former Rochester Products Divi- f itant premiums would be withheld from salary sion (now AC Rochester), Rochester, New or annuity and transmitted directly to respec- York. IN HONOR OF MAESTRO RAUL tive contractors, and those enrollees could In 1983, he was named general manufactur- ANGUIANO also elect withholdings for coverage of their ing manager for Chevrolet Motor Division. He spouses. joined the former B±O±C Group the following HON. LORETTA SANCHEZ Any eligible enrollees shall, at the discretion year, and was named a GM vice-president in OF CALIFORNIA of OPM, submit premiums directly to the ap- 1985. IN THE HOUSE OF REPRESENTATIVES propriate contractor. As with the Federal Em- A native of Orchard Park, New York, ployees Health Benefits Program, the bill LeFauve was born November 30, 1934. He Wednesday, January 6, 1999 would require participating contractors to pro- earned a bachelor of science degree in me- Ms. SANCHEZ. Mr. Speaker, today I rise to vide benefits when OPM finds the individual is chanical engineering from Case Institute of pay tribute to Mexico's greatest living muralist, entitled to benefits under the terms of the con- Technology in Cleveland in 1956 and attended the highly acclaimed artist, Maestro Raul tract. Participating carriers would be required the Senior Executive Program at the Massa- Anguiano. It is also my great pleasure to wel- to reimburse OPM's expenses for adjudicating chusetts Institute of Technology (MIT). come the Maestro to The Bowers Museum in claims disputes. LeFauve is a board member of the Inter- Santa Ana, CA, where he will place the first The proposal would provide a substantial national Student Exchange ProgramÐUniver- brush stroke on a mural for the Museum. benefit to federal employees and retirees by sity of Illinois at Chicago, the Council of Com- The Maestro is known throughout the world providing access to quality long-term care in- petitiveness, and the Harley Davidson Board as Mexico's ambassador of art. He has exhib- surance products at cost savings, group pre- of Directors. ited in major museums and galleries around E44 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 the world including the Palace of Fine Arts, could rescue the baby and apprehend the sus- swift transfer of closed military bases to local the National Museum of Prints and the Mu- pect. communities. This action is necessary be- seum of Plastic Arts in Mexico City, the Mu- Situations like these are unacceptable, and cause current law hinders the large and com- seum of Man in San Diego, the Carnegie Art should not be tolerated by anyone. All over plex transfer of military base property with Museum, the Institute Italo, Latino Americao the country, children are being used as pawns economic redevelopment in mind. (Rome), Casas Reales Museum (Santa Do- in actions played by violent adults. We in Con- Many of the laws governing the reuse of mingo), and the Armand Hammer Museum in gress must do our part to help prevent these military bases are antiquated and filled with Los Angeles. His solo exhibits include Mos- scenarios from developing in the first place. confusing terms and conditions. One major ex- cow, Leningrad, Peking, Rome, Assissi and My legislation will give new protections to isting hindrance is a clause prohibiting the ob- Venice. HIs work has also been exhibited at childrenÐour nation's most precious resource. tainment of profit by local communities. This is the Santora Arts Center in Santa Ana, CA. I have joined forces with Senator OLYMPIA a problem because it prevents local commu- His works are included in permanent exhib- SNOWE to establish the strictest punishments nities from generating profits through subleas- its in many major museums around the world. for those who would evade arrest or obstruct ing for the purpose of reinvestment to maintain Most recently his painting the ``Crucifixation'' justice by using children as hostages. This bill and improve landscaping, maintenance, and was accepted by Pope John Paul II and is will toughen penalties against any person who infrastructure. The remedy for this situation is now in the collection at the Vatican. takes a child, 18 years of age or younger, to replace the clause with legislation embody- Raul Anguiano was born in Guadalajara, hostage in order to resist any officer or court ing the provisions of the base closure laws Jalisco, Mexico, February 26, 1915. He began in the United States, or to compel the federal and amendments of the 1990's. The interim lease provisions have not been painting at the age of twelve. As a child, he government to do or to abstain from any act. as successful as planned because many of would paint or draw on any space available; Such a person would serve a minimum sen- the terms and conditions act as disincentives his creativity and genius could not be con- tence of ten years to a maximum of death, de- to economic development conveyance. For ex- tained. His mother, Abigail, recognized her pending on the extent of injury to the child. ample, there is no commitment for final owner- son's early signs of genius and encouraged Please join me in this important effort to ship by federal agencies upon assumption of him by providing him with sketch books. The protect the lives and well-being of our nation's control or occupancy of transferred property. young Raul was driven by sheer talent and young. I hope that together we can make our Commercial firms are willing to enter into desire to create the visions that were given to nation a safer place for everyone, especially leases, but are refusing this option because of him. those in our society least able to protect them- the lack of commitment for final ownership. In Along with his contemporary, Diego Rivera, selves. addition, the new occupants of closed base Maestro Anguiano has influenced other Mexi- f property are unable to conduct major renova- can artists here in the United States. R.C. CONGRATULATIONS TO NOLAN tions unless they agree to restore the property Gorman has credited Anguiano with his ``aes- to its original condition. Many of the facilities thetic influence as well as subject matter.'' RYAN ON HIS ELECTION TO THE BASEBALL HALL OF FAME require major alterations from their original Maestro Anguiano has given to the world a condition just to bring them to local code precious gift of beauty that will live on forever standards. Why are we requiring restoration of by creating a mural for the permanent collec- HON. RICHARD K. ARMEY undesired conditions? This makes no sense tion of the Bowers Museum. I commend Mae- OF TEXAS and ultimately results in taxpayer waste. stro Raul Anguiano for his significant artistic IN THE HOUSE OF REPRESENTATIVES Prior to 1996, departure of federal agencies contribution to the history of art and his impact Wednesday, January 6, 1999 reverted property to the federal government on contemporary artists around the world. for disposal by GSA. A ``leaseback provision'' f Mr. ARMEY. Mr. Speaker, I rise today to was established in the National Defense Au- congratulate and pay tribute to a true Texas USING CHILDREN AS HOSTAGES thorization Act for fiscal year '96 to protect legend. Yesterday, former Texas Rangers communities from a federal agency revolving pitcher Nolan Ryan was elected to the Base- door. Under this law, property approved for HON. SUE W. KELLY ball Hall of Fame. federal usage would be transferred to the local OF NEW YORK During Mr. Ryan's illustrious career, he be- redevelopment agency, then leased to a fed- IN THE HOUSE OF REPRESENTATIVES came not only one of the greatest pitchers to eral agency at no cost for up to fifty years. play the game, but also one of the most be- Wednesday, January 6, 1999 The reasoning behind this is to ensure transfer loved and respected. He struck out a record of property to local communities in the event Mrs. KELLY. Mr. Speaker, I rise today to in- 5,714 batters, won 324 games, and played for of departure by federal agencies. The lack of troduce legislation to address a problem that 27 yearsÐlonger than any other player in his- a mandatory requirement for leaseback ac- is plaguing our nationÐchildren being taken tory. These accomplishments earned him the ceptance allows for circumvention of the legis- as hostages. Far too many scenarios have second highest voting percentage ever for a lative intent. In Orlando, Florida, the Veterans been documented in which children are ex- Hall of Fame nominee. Administration (VA) requested Orlando Naval posed to violence, emotional trauma or phys- His most important accomplishment, how- Training Center property through the federal ical harm at the hands of adults. ever, was the way he conducted himself as a screen process. VA refused to enter into a For example, in New York, a woman's es- player. Nolan Ryan played baseball with dig- long-term lease with the city. This created tranged husband took her and their three chil- nity and sportsmanship second to none. He major problems for community redevelopment dren hostage at the point of a loaded shotgun. showed our children that good guys do win. authorities as it limited their ability to finalize He held them for nearly four hours, and at one Tom Schieffer, President of the Texas Rang- reuse plans. My legislation guarantees an op- point, he even allegedly traded his seven- ers, said it best: ``Players like Nolan Ryan are tion for communities to obtain reuse property year-old for a pack of cigarettes. the way the game endures. They renew peo- after the departure from the property by the In Texas, a man took 80 children hostage at ple's faith in the sport.'' first federal agency lessee. an area day care facility, including two of his Congratulations to Nolan Ryan, a true gen- We must allow common sense to prevail in children. They were held at gunpoint and re- tleman of sport. I know if he picked up a base- this base reuse process. There are some in- leased over a 30-hour period before the stand- ball at his ranch today, he'd still be good for stances where it makes sense to lease to or- off was brought to a non-violent conclusion. twenty strikeouts a game. ganizations affiliated with the branch of service In Florida, a suspected drug addict and mur- f that previously occupied the base property. derer held two children, ages two and four, This is currently prohibited; yet doesn't it make hostage for two-and-a-half days. An entire Or- HELP COMMUNITIES AFFECTED BY sense to relocate recruiting stations, reserve lando neighborhood was evacuated during the BASE CLOSURE centers, and military processing centers onto standoff. Only when he threatened to use the closed base property? children as human shields did a SWAT team HON. BILL McCOLLUM The four branches of the U.S. Armed rescue the children in a raid that resulted in OF FLORIDA Forces are currently able to contract with local the death of the suspect. IN THE HOUSE OF REPRESENTATIVES governments for fire and police services for In Baltimore, a man broke into a second- only the last six months prior to the closure of floor apartment, stabbing a young mother and Wednesday, January 6, 1999 a base. Many times a base is phased out over holding her nine-month-old child hostage for Mr. McCOLLUM. Mr. Speaker, today I am a long period of time and the military elimi- two hours before a Quick Response Team introducing legislation that will facilitate the nates military fire and police services much CONGRESSIONAL RECORD — Extensions of Remarks E45 longer before the base is fully closed. Families ment in aviation. We do not have much time. perately need and deserve tax relief. In my and military personnel remaining need fire and The Airport Improvement Program, one of the view, families trying to take care of their loved police services from the local community. The most important federal aviation capital invest- ones should be rewarded by the tax code, not military should be able to contract for these ment programs, will expire on March 31, 1999. punished as they are now. services throughout a long closure process. For this reason, I am proud to again join The tax breaks contained in this legislation Mr. Speaker, the bill I'm introducing today Chairman SHUSTER, Chairman DUNCAN and will help families provide the peace and secu- will make major strides in reforming the base Ranking Member OBERSTAR in introducing a rity they want and need against the massive closure reuse process. We must enact this bill to authorize the AIP program through Fis- costs of professionally provided long-term legislation to protect our local communities. I cal Year 1999. Although the Transportation care, including nursing home care, home urge my colleagues' support. and Infrastructure Committee and the Aviation health care, respite care, and adult day care f Subcommittee are committed to working on services. putting together a larger reauthorization bill IN SUPPORT OF THE 1999 TRUST before the end of March, Congress is not Last year, this legislation secured the sup- FUND OFF-BUDGET BILL known for meeting tight schedules. It would be port of the 60 Plus Association, the American an indelible mark on the Year of Aviation if the Health Care Association, and the Home HON. WILLIAM O. LIPINSKI AIP program expired at the same time Con- Health Assembly of New Jersey. The Health OF ILLINOIS gress was working on increasing federal fund- Insurance Association of America (HIAA) has IN THE HOUSE OF REPRESENTATIVES ing for our national aviation system. also supported the concept behind the bill. Wednesday, January 6, 1999 I urge my colleagues to support this bill to This year, I was very pleased to see the take the remaining three transportation trust President Clinton has decided to join my col- Mr. LIPINSKI. Mr. Speaker, I am pleased to funds off budget. the future of our national leagues and I in the long-term care debate by join Chairman SHUSTER and Ranking Member aviation system depends on it. proposing a tax credit for elderly disabled per- OBERSTAR in introducing a bill that will take the f sons as part of his fiscal year 2000 budget. remaining user financed transportation trust Many will recall that the Republican ``Contract funds off budget. Specifically, this bill removes THE LONG-TERM CARE with America'' called for providing ``tax incen- three transportation trust fundsÐAviation, Har- ADVANCEMENT ACT OF 1999 tives for private long-term care insurance to let bor Maintenance, and Inland WaterwaysÐ older Americans keep more of what they have from the unified federal budget. These trust HON. CHRISTOPHER H. SMITH earned over the years.'' They say that imita- funds are user-financed, self-supporting funds OF NEW JERSEY tion is the sincerest form of flattery, so Repub- which provide important federal assistance for IN THE HOUSE OF REPRESENTATIVES licans should be flattered that Mr. Clinton has infrastructure preservation and improvement decided to make a plank in of the ``Contract projects. This bill would restore the integrity of Wednesday, January 6, 1999 with America'' the centerpiece of his new do- the trust funds by allowing the full, prompt utili- Mr. SMITH of New Jersey. Mr. Speaker, mestic initiatives contained in his budget. zation of collected user fees for transportation today I am re-introducing the Long-Term Care improvements rather than artificially limiting Advancement Act to provide real assistance to However, in addition to providing a tax cred- their use to help mask the federal deficit. In families and jump-start debate over how to it, I believe a vital part of any comprehensive other words, this bill puts the ``trust'' back into best prepare Americans for their long-term proposal on long-term care must also be the the trust fund. care needs. promotion of private long-term care insurance. This bill also launches off what Chairman Although the worsening long-term care situ- Although the number of persons insured under SHUSTER has referred to as the ``Year of Avia- ation in this country does not get a lot of LTC policies has nearly doubled between tion.'' Chairman SHUSTER, Ranking Member media attention, it is very real and millions of 1992 and 1996, this growth is from a very low OBERSTAR, Chairman DUNCAN and I will be families will find themselves under tremendous base. The fact of the matter is that the over- working hard this year to significantly increase emotional and financial pressures unless whelming majority of Americans still do not capital investment funding for our national measures are adopted now to address it. The have any private LTC insurance coverage at aviation system. More and more people are rapid expansion of the group of Americans de- all. This needs to change, and soon. flying each day. In fact, a record 600 million fined by the Bureau of the Census as ``the old- Unless it does, changing demographics will people will fly this year. Yet because of a lack est old''Ðthose senior citizens aged 85 and put an enormous strain on our nation's frag- of capital investment, our national aviation aboveÐis slated to double by the year 2030. mented system of long-term care. Already, our system will not be able to meet the increased In fact, the fastest growing demographic age Medicare and Medicaid programs have dem- demand that is expected in the near future. group in the United States are the ``oldest onstrated their financial shortcomings when The Federal Aviation Administration has not old,'' and about half of such individuals will providing long-term care services to increasing modernized our air traffic control system. Our eventually require assistance with various ac- numbers of the frail elderly. The Medicaid pro- airports do not have an adequate number of tivities of daily living (ADLs). gram already spends over $41 billion on nurs- gates or runways to accommodate future The Long-Term Care Advancement Act of ing home care services for senior citizens. growth and competition. It is obvious that 1999 will assist Americans as they prepare for Medicaid expenditures are projected to double something need to be done to make sure our their future long-term care needs. To help over the next 10 years, with nursing home national aviation system is ready for the 21st families keep more of what they have earned care driving much of the growth. century. over the years, my bill allows penalty-free It is our belief that by lifting the artificial withdrawals from IRAs and 401(k) plans when By encouraging more Americans to plan for spending constraints on the aviation trust the funds are used to pay for `qualified' long- their future care needs, I believe we can im- fundÐby taking the aviation trust fund off- term care (LTC) insurance premiums (as de- prove the medical, social, and financial well budgetÐthe federal funds necessary to en- fined by the Health Insurance Portability and being of families, as well as provide substan- sure that our national aviation systems sur- Accountability Act of 1996). tial future savings to the Medicaid and Medi- vives well into the 21st century will finally be In addition, my legislation will enable a fam- care programs. According to the John Han- spent on aviation needs and aviation needs ily to make an IRA/401(k) withdrawal to pay cock Mutual Life Insurance Company, there is only. A strong aviation system is key to our for an LTC insurance policy premium and a a 48% chance of any given individual needing strong economy. Aviation and aviation-related portion of the withdrawal will be excluded from long term care in one's lifetime. And the costs activities account for six percent of the United their taxable income. Depending on one's tax of nursing home care for one year is approxi- States' Gross Domestic Product. Businesses bracket, age, and type of policy purchased, mately $40,000. If we can successfully en- depend on aviation as the fastest way to move the savings on an LTC insurance policy under courage families to purchase LTC insurance, both people and goods. In addition, the tour- my bill are considerable. the potential for savings to American families, ism industry, which is one of the fastest grow- Lastly, the Long-Term Care Advancement as well as the Medicaid and Medicare pro- ing, most successful industries in the world, Act will provide a refundable $500 tax credit grams, is simply enormous. would not survive without a strong national for families caring for a dependent elderly I look forward to working on and discussing aviation system. spouse or parent in the home. This tax credit long-term care issues with my colleagues I look forward to the year ahead as we work is important because most of the long-term throughout the 106th Congress, and urge all to take the aviation trust fund off budget in care provided in America is provided by fami- of my colleagues to support this important ini- order to significantly increase capital invest- lies in the home, and these families des- tiative. E46 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 SECTION BY SECTION ANALYSIS OF THE LONG- Northeastern Pennsylvania, Joe Moran. This American's retirement security, but our long- TERM CARE ADVANCEMENT ACT OF 1999 month, Joe's colleagues, family, and students term economic growth depends largely on SECTION 1: SHORT TITLE will gather to honor him as he retires. I am what we save today. After all, the economy SECTION 2: EXCLUSION FROM INCOME FOR RE- pleased to have been asked to participate in cannot grow unless there's an adequate sup- TIREMENT PLAN WITHDRAWALS USED TO PUR- this tribute. ply of capital to invest. Money saved for retire- CHASE LONG-TERM CARE INSURANCE Joe Moran grew up in Luzerne County and Penalty taxes are waived on IRA/retire- ment, whether it is through savings accounts, ment plan withdrawals used to pay for LTC had a distinguished athletic career at the Uni- IRA's or employer-sponsored pensions, is a insurance policy premiums. versity of Scranton. After earning his degree, primary source of private investment capital. IRA/retirement plan withdrawals will not he went to work as an engineer for Martin Air- be included as taxable income if the with- craft of Baltimore, Maryland. Not long after- Unfortunately, today's punitive, complex Tax drawal is used to pay for ‘‘qualified’’ LTC in- wards, Joe became a teacher in New Jersey Code encourages consumption while savings surance policy premiums. The amounts ex- and investment are generally discouraged. cludable from taxation are as follows (the and in 1959, he returned to Wilkes-Barre to amounts are identical to the LTC tax breaks teach. Joe spent twenty-four years as a phys- Low savings rates means reduced growth po- contained in P.L. 104–193): ics teacher and coach at Coughlin High tential. It also means a lower quality of life School. During Joe's tenure as coach, Cough- when the retirement years arrive. Exclusion from income lin's football team went to seven city cham- allowed on IRA/401(k) In an effort to stimulate savings, the WISE Age of LTC policyholder withdrawals for ‘‘quali- pionships and one Wyoming Valley Con- bill would make some much needed changes fied’’ policies under ference championship. As a result, Joe was HR— to our Tax Code as it pertains to savings for named coach of the year in 1960 and 1966. parents, especially women. Right now, parents 40 or less ...... $200.00 He also led the track and field team to several 41 to 50 ...... 375.00 who take unpaid maternity or paternity leave championships. From 1973 to 1978, he was 51 to 60 ...... 750.00 have no way of making up pension contribu- 61 to 70 ...... 2,000.00 the Athletic Director at Coughlin High School. 71 and up ...... 2,500.00 tions once they return to the work force. Many He later coached the defensive line at Wilkes ‘‘Qualified’’ LTC plans eligible for the in- College, helping to garner three Mid-Atlantic parents also realize that it may not be possible centives contained in this bill are defined by Conference crowns. for both parents to work while raising a child. the Health Insurance Portability and Ac- In 1982, Coughlin High School made Joe an Even if both do, there may not be enough countability Act of 1996 (HIPAA, or P.L. 104– Assistant Principal and he helped integrate money to make pension contributions. 193). Double tax benefits are prohibited. For ex- computers into the academic program. A few The lack of savings opportunities I have just ample, a taxpayer otherwise eligible to take years later, Joe became principal of the described would be removed if we enacted the a deduction for LTC premiums could either G.A.R. Memorial Junior High School, also in WISE bill. The WISE bill would allow those take the tax deduction allowed by P.L. 104– Wilkes-Barre. There, he was instrumental in coming off of unpaid maternity or paternity 193, or make a tax-excludable withdrawal establishing the state-of-the-art technology leave to make up contributions to their em- from their IRA or other retirement plan. center. In 1998, he became principal of the They cannot do both. ployer-sponsored pension, for example, Only the amounts withdrawn to pay for ac- High School. 401(k), that they would have been able to Joe's love of sports and long career has tual LTC premiums are eligible to receive make had they not been on leave. The legisla- tax benefits under LTCAA. Amounts with- helped shape the nature of high school athlet- drawn in excess of those needed to pay LTC ics in the Wyoming Valley. He cofounded the tion would allow the person 3 years to make premiums would be subject to normal tax Scholastic Tennis conference and was Co- up the missed contributions. rules (including applicable penalties, if any). Provisions effective for taxable years be- Commissioner of the Wyoming Valley Track The WISE bill would also allow parents who ginning after December 31, 1998. and Field Conference for two decades. He or- do not make contributions to their pension SECTION 3: TAX CREDIT FOR TAXPAYERS CARING ganized the first junior high girls track meet in while raising a child, regardless of whether the FOR A DEPENDENT PARENT OR SPOUSE IN THE the state. He served on the State Committee parent has left the work force or if they simply HOME for Scholastic Football, the Commission of the cannot make a contribution due to other ex- A $500 tax credit (refundable) can be Wyoming Valley Football Conference, and the penses, to make up those contributions at a claimed for each chronically ill spouse/par- Eastern Football Conference. Joe has been a later date. After all, piano lessons will some- ent who cannot perform two or more activi- swimming official for more than twenty years ties of daily living (ADLs) due to a physical times come before retirement savings. For ex- or mental impairment. and was executive director of the Wyoming ample, if a parent does not make contributions Dependent spouse/parent must reside in Valley Track and Field Officials Association. for 13 years while raising a child, he or she the taxpayer’s principal place of residence During this time, he and his wife, Fran, have will have 13 years to make up the contribu- for more than half of the taxable year. raised six children who have, in turn, produced ‘Elder-care’ tax credit phased in over the tions. The make-up contributions will be equal next five years as follows: six grandchildren. Mr. Speaker, Joe Moran deserves our grati- to the lesser of what the parent could have tude for the dedication he has shown our area otherwise contributed, of 120 percent of the Calendar year Applicable ‘elder-care’ tax credit amount youth for almost forty years. Not only is he an contribution limit minus what is being contrib- uted that year. For example, a $50,000 earner 1999 ...... $250 educator and administrator, but he is an inspi- 2000 ...... 350 ration to our young athletes. I am proud to join with a 401(k) allowing for a 5-percent deferral, 2001 ...... 400 2002 ...... 450 with his family, his friends, and the community $2,500, as defined by the employer could con- 2003 ...... 500 in congratulating Joe on a job well done. I tribute his or her normal $2,500 plus another The tax credit is indexed for inflation after send him my very best wishes for a happy $2,500 if it is a make-up year. The added 2003. It will be indexed to the medical cost and healthy retirement. $2,500 is the lesser of the plan limit, $2,500, component of the Consumer Price Index f or 120 percent of the legal limit, $11,400, (CPI). minus $2,500, the contribution already being Income limits for ‘elder care’ credit are THE WISE BILL identical to $500-per-child tax credit included made. The legal limit of a 401(k) is $9,500. in Taxpayer Relief Act of 1997 (P.L. 104–34). HON. BILL McCOLLUM These reforms are needed to remove the in- Provisions effective for taxable years be- OF FLORIDA equities that parents, especially women, face ginning after December 31, 1998. IN THE HOUSE OF REPRESENTATIVES when it comes to savings for retirement. This f Wednesday, January 6, 1999 would clearly spur additional personal savings. TRIBUTE TO JOE MORAN More savings equals an increase in retirement Mr. MCCOLLUM. Mr. Speaker, today I take great pride in introducing the Women's Invest- income, a reduction in dependence on entitle- HON. PAUL E. KANJORSKI ment and Savings Equity Act of 1999, the ments and much needed economic growth. OF PENNSYLVANIA WISE bill. Joining me in this effort is my col- For all these reasons, it is imperative that we IN THE HOUSE OF REPRESENTATIVES league from Washington, Ms. JENNIFER DUNN. make retirement savings more attractive and Wednesday, January 6, 1999 The old proverb ``a penny saved is a penny easier for parents who face unique financial Mr. KANJORSKI. Mr. Speaker, I rise today earned'' has more truth today than people re- strains. The WISE bill does just that. I urge my to pay tribute to a distinguished educator from alize. Savings is not only a critical part of colleagues to support this needed reform. CONGRESSIONAL RECORD — Extensions of Remarks E47 CONGRATULATING TENNESSEE was Puller who bestowed upon Lee the nick- Baseball fans remember when he chased the VOL PLACE KICKER JEFF HALL name ``Ironman'' for his valor in battle. Col. magical .400 batting average record set by Lee earned three Navy Crosses for his service Ted Williams of the Boston Red Sox. Mr. Brett HON. VAN HILLEARY in South America alone. was so admired during his playing days that OF TENNESSEE At the outbreak of World War II, Col. Lee around town there were ``George Brett for IN THE HOUSE OF REPRESENTATIVES served as chief gunner with the ``Horse Ma- President'' bumper stickers. Hard work and rines'' mounted infantry in China. On the day dedication made him a sports hero that kids Wednesday, January 6, 1999 of the attack on Pearl Harbor, he and 200 from all over the Midwest and the nation still Mr. HILLEARY. Mr. Speaker, I rise today to other Marines were taken prisoner, herded look up to as a role model. He truly is an in- honor and congratulate an outstanding young into boats and trains and beaten. He remained spiration to the young people of our nation man from my district, Jeff Hall of Winchester, in a Japanese prison camp for 44 months until and has made the game exciting for fans of all Tennessee. the United States dropped atomic weapons on ages. Jeff Hall is many things. He is a captain of Japan. He retired from the Marines in 1950. We are all very proud of Mr. Brett and his the National Champion Tennessee Volunteer During his service, Col. Lee earned dozens accomplishments. Mr. Speaker, please join me football team. He is the all-time leading scorer of awards, including three Purple Hearts and in congratulating Mr. Brett, his family and the in the history of the Southeastern Conference two Medals of Valor. Mementoes of his long Kansas City Royals for this monumental (SEC) and a four-time All-SEC team member. military career such as the Stetson hat he achievement. He is one of the best place kickers in America, wore in South America and his World War II f who time after time has displayed grace under Smith and Wesson .44 caliber revolver are on pressure, kicking last-minute, game-winning display today at the Marine Corps museums at DESIGNATING THE FLORIDA PAN- field goals against Syracuse and Florida in this Quantico and in Washington. The rifle range THER AS AN ENDANGERED SPE- perfect, 13±0, National Championship season. at Quantico is named in his honor. CIES However, Jeff Hall is more than just a great Col. Lee was a great American patriot who place kicker. He is a true student-athlete who loved his country. His career is a shining ex- HON. BILL McCOLLUM has been named to the Academic All-SEC ample to all who respect those who have OF FLORIDA team and who recently graduated with a de- served in the military and still serve with a de- IN THE HOUSE OF REPRESENTATIVES gree in marketing. He is a community servant votion to honor and duty. As the curator of Wednesday, January 6, 1999 who has participated in more than 150 com- material history for the Marine Corps said munity service events, including serving as upon Colonel Lee's death, ``His name is be- Mr. MCCOLLUM. Mr. Speaker, today I am president of UT's chapter of the Fellowship of yond legendary to Marines.'' introducing legislation that would declare the Christian Athletes and visiting children's hos- I was extremely proud to have had him as Florida Panther, specifically, to be an endan- pitals, speaking in anti-drug programs and a constituent. Every American should be re- gered species. As a longtime supporter of the youth clinics and Boy Scout chapters. For all minded of his patriotism and valor. recovery plan to restore the Florida Panther his good deeds in the community, he has f population, I believe that the Panther should be named by statute as a protected species been named to the Football Good Works HONORING GEORGE HOWARD Team by the American Football Coaches As- under the Endangered Species Act. BRETT’S ELECTION TO THE The Florida Panther is one of the most seri- sociation (AFCA) and the SEC. He is also a BASEBALL HALL OF FAME man who has the courage to stand on his reli- ously endangered subspecies in the United gious principles and make it known that his re- States. Like most endangered species, there lationship with God is the most important part HON. KAREN McCARTHY are multiple problems threatening the Panther of his life. OF MISSOURI and its recovery. Along with the usual issues Mr. Speaker, Jeff Hall is the kind of person HON. DENNIS MOORE of habitat loss, the Florida Panther also suffers we should encourage all our young people to OF KANSAS from genetic isolation and inbreeding. The emulate. He embodies a dedication to excel- IN THE HOUSE OF REPRESENTATIVES Fish and Wildlife Service has been initiating a lence, community service and moral values Habitat Protection Plan along with the genetic Wednesday, January 6, 1999 which would make our nation a better place if restoration effort for the Panther. I believe that everybody demonstrated that same dedication. Ms. MCCARTHY of Missouri. Mr. Speaker, we need to support this endeavor to restore f my colleague, Mr. MOORE of Kansas, and I the Florida Panther population and name this rise today to join my constituents in the Fifth species by statute as an endangered species. SALUTING COLONEL ‘‘IRONMAN’’ District of Missouri and all baseball fans I urge my colleagues to support this legisla- LEE around the country in congratulating George tion. Howard Brett, the first member of the Kansas f HON. HERBERT H. BATEMAN City Royals to be elected to the Baseball Hall STOP SWEATSHOPS—NOW OF VIRGINIA of Fame in Cooperstown, New York. This well- IN THE HOUSE OF REPRESENTATIVES deserved recognition is the highest honor in baseball. I salute George Brett, his family, and Wednesday, January 6, 1999 HON. WILLIAM (BILL) CLAY the entire Kansas City Royals organization on OF MISSOURI Mr. BATEMAN. Mr. Speaker, at his death, this achievement. IN THE HOUSE OF REPRESENTATIVES all Americans need to be reminded of the ca- George Brett's unique combination of talent, reer and valor of Col. William A. Lee, who dedication, and commitment to one team, and Wednesday, January 6, 1999 died on December 27, 1998 at the age of 98 his desire to give back to our community illus- Mr. CLAY. Mr. Speaker, today I am joining after a long battle with cancer. trates his worthiness of this honor. He played with 26 of my colleagues to introduce legisla- Col. Lee, nicknamed ``Ironman,'' was among his entire career as No. 5 for 21 seasons in tion to curb the re-emergence of sweatshops my most distinguished constituents, and one Kansas City where he achieved a career bat- in the domestic garment industry. This legisla- of the most decorated Marines in the history of ting average of .305. Mr. Brett holds 3 Amer- tion is identical to a bill I introduced in the last the Corps. He also was one of the last living ican League batting titles and is a 13-time All Congress, H.R. 23. World War I veterans in Virginia's First District. Star. He is the only player in Major League Sweatshops have returned to the apparel in- He resided for many years near Fredericks- history to have earned at least 3,000 hits, 300 dustry in the United States in numbers and burg, Virginia. home runs, 600 doubles, 100 triples and 200 forms reminiscent of the turn of the century. A In Colonel Lee's younger days, he gained stolen bases. Mr. Brett powered the Kansas decade and a half ago, the General Account- renown as a knife fighter and expert marks- City Royals to a World Championship in 1985 ing Office (GAO) documented the re-emer- man known for his toughness and endurance. with a .370 batting average for the Series. The gence of sweatshops. The GAO has identified He enlisted in the Marines in 1918 at the age members of the Baseball Writers' Association sweatshop activity across the country, from of 17 and after serving in World War I, he of America voted 98.19 percent in selecting California to New York and from Chicago to fought in the Nicaraguan ``Banana Wars'' of Mr. Brett to the Hall of Fame. This is the Texas and Florida. Despite significant and the late 1920s and early 1930s at the side of fourth highest percentage in history. commendable enforcement efforts by the De- another legendary warrior from Virginia's First As a first and third baseman, George Brett partment of Labor under the Clinton Adminis- District, the late Lewis B. ``Chesty'' Puller. It was bigger than life when out on the field. tration, sweatshops continue to be a serious E48 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 problem, particularly within the garment indus- because their physiology, play habits, and pat- found in existing Army Regulations. Under ex- try. Even my Republican colleagues on the terns of exposure make them more vulnerable isting Army regulations, veterans who do not Committee on Education and the Workforce, to toxic harm. For example, children breathe in meet the military criteria for burial at ANC are the Gentleman from Pennsylvania, Mr. GOOD- more of an air pollutant per pound of body nevertheless eligible if they served as a mem- LING, and the Gentleman from Michigan, Mr. weight. They eat more fresh fruit by body ber of the House or Senate, as a Federal HOEKSTRA, have noted the re-emergence of weight and drink proportionally more tap judge, a diplomat, or a high-ranking cabinet of- sweatshops. water, juice, and milk. ficer. This legislation eliminates future eligibility The re-emergence of sweatshops has im- This bill addresses that problem by requiring of such persons so that Arlington will once poverished workers and their families and has that all EPA standards for environmental pol- more be the final resting place for those with driven reputable contractors out of otherwise lutants be set at levels that protect children. In distinguished military service. profitable businesses. It represents a problem addition, the Act requires EPA to publish a As indicated, this bill passed the House by that cannot and should not be tolerated. ``Safe for Children'' list of products, in addition an overwhelming margin and had the active The ``Stop Sweatshops Act'' establishes to providing parents and the public with advice support of all the major veterans service and joint liability on the part of manufacturers in on how to minimize a child's exposure to military organizations. Unfortunately, the other the garment industry who contract with sweat- harmful pollutants. body did not debate the issue during the 105th shop operators for violations of the Fair Labor This bill also helps families educate them- Congress. By introducing this bill and planning Standards Act (FLSA). This legislation selves about potential threats to their chil- for its early consideration by the House VA strengthens the ability of the Department of dren's health through the creation of a family Committee, we hope to give the Senate ample Labor to enforce the law and improves the right-to-know information kit. The kit will in- opportunity to consider it and reach agreement ability of garment workers to obtain redress clude a summary of helpful information and on what the nation's policy should be on this where violations occur. As importantly, by en- guidance to families and practical suggestions issue of abiding importance to veterans and couraging manufacturers in the garment indus- on how parents can reduce their children's ex- their families. try to deal with reputable contractors, this leg- posure to environmental pollutants. f islation acts to balance market pressures that This bill will begin to provide the essential information we need to quantify and evaluate EXTENDING COVERAGE OF THE have encouraged the re-emergence of sweat- FMLA shops. the impact of environmental pollutants in chil- One hundred of my colleagues joined me dren. The more we know about potential risks last Congress as cosponsors of this legisla- and the less toxic burden we put on the envi- HON. WILLIAM (BILL) CLAY tion. I urge those of my colleagues who have ronment the healthier our children will be. This OF MISSOURI IN THE HOUSE OF REPRESENTATIVES supported this legislation in the past to do so legislation has been endorsed by Adminis- again. And, I urge those who have not pre- trator Browner and by several environmental Wednesday, January 6, 1999 viously cosponsored this legislation to do so and health organizations. I urge your support Mr. CLAY. Mr. Speaker, today I am intro- now. We cannot continue to allow unscrupu- and co-sponsorship of this important legisla- ducing legislation to expand the protections af- lous employers to drive responsible employers tion. forded by the Family and Medical Leave Act. out of business. Nor should we continue to tol- f The bill I am introducing is identical to legisla- erate working conditions that undermine rather ARLINGTON NATIONAL CEMETERY tion I introduced in the 105th Congress, than promote the well being of workers. As we BURIAL ELIGIBILITY ACT H.R. 109. near the end of the 20th Century, we must The Family and Medical Leave Act of 1993 eliminate this vestige of 19th Century exploi- HON. BOB STUMP (FMLA) grants employees the right to take un- tation. OF ARIZONA paid leave in the event of a family or medical f IN THE HOUSE OF REPRESENTATIVES emergency without jeopardizing their jobs. As a former Chairman of the Subcommittee on THE CHILDREN’S ENVIRONMENTAL Wednesday, January 6, 1999 Labor-Management Relations of the Commit- PROTECTION ACT Mr. STUMP. Mr. Speaker, today I am intro- tee on Education and Labor, I was privileged ducing the ``Arlington National Cemetery Burial to work closely with the Hon. MARGE ROU- HON. JAMES P. MORAN Eligibility Act.'' I invite members to join me as KEMA, Senator DODD, Senator BOND, our OF VIRGINIA a cosponsor of this important legislation. It is former colleagues the Hon. Pat Schroeder and IN THE HOUSE OF REPRESENTATIVES my expectation that the VA Committee will the Hon. William D. Ford, and many others to take prompt actions so that the House may Wednesday, January 6, 1999 bring about the enactment of this important consider this legislation early in the Congress. law. Necessarily, however, many compromises Mr. MORAN of Virginia. Mr. Speaker, I rise This bill is almost identical to the legislation were made to bring about this precedent set- today to introduce legislation to protect the passed by the House during the 105th Con- ting legislation. health of America's children, the Children's gress by a vote of 412±0. The VA Committee Among the most important of those com- Environmental Protection Act. learned as a result of its investigative efforts promises was one that limited the applicability In 1996, Congress unanimously passed the that the practice of allowing burial of persons of the law to employers of 50 or more employ- Food Quality Protection Act (FQPA) which re- who did not meet Army regulations prescribing ees. My original intention had been to extend quires the Environmental Protection Agency to eligibility for burial at Arlington National Ceme- the law to employers of 25 or more employ- consider children's exposure to pesticides in tery (ANC) had become the subject of serious ees. However, because of uncertainty regrad- food limit pesticide exposure to children. While controversy. Further, the practice of allowing ing the impact of the law on employers and in the FQPA focused on protecting children by burial of persons without military service at order to increase support for the legislation, I ensuring that the food they eat does not con- ANC has caused considerable anguish on the agreed to accept the 50 employee threshold. tain harmful levels of pesticides, this bill estab- part of members of military and veterans orga- The effect of this compromise was to leave lishes guidelines to help reduce and eliminate nizations. As a result, the VA Committee rec- tens of millions of employees and their fami- exposure of children to environmental pollut- ommended this legislation to codify existing lies outside of the protections afforded by the ants in areas reasonably accessible to chil- burial regulations for ANC with two significant FMLA. In fact, only 57% of the workforce is dren. The bill also requires the collection of changes. First, there would not be authority to protected by the FMLA. The fact that an em- toxicity data by the EPA Administrator, the grant exceptions, or ``waivers,'' under the pro- ployee may work for an employer of 40 rather Secretary of Agriculture, and the Secretary of posed legislation. No oneÐnot the Super- than 50 people does not immunize that em- Health and Human Services so that we can intendent of ANC, the Secretary of the Army, ployee from the vicissitudes of life nor diminish begin to understand, with some level of accu- or the President of the United StatesÐcould that employee's need of the protections af- racy, the long-term health effects and toxicity authorize the burial of a person who is not eli- forded by the FMLA. For my part, this was a of pesticides and other environmental pollut- gible under the proposed legislation. However, very difficult and reluctantly entered com- ants on children. Congress could enact subsequent legislation promise. However, it was my hope at that time For too long risk assessments have been on behalf of an individual whose accomplish- that experience under the law would prove performed using the average, robust 170 ments are deemed worthy of the honor of that the law does not unduly or unreasonably pound male as a model. As a result, we really being buried at Arlington National Cemetery. disrupt employer operations. have no idea how these chemicals impact a Second, this bill eliminates the ``politically The FMLA was signed into law on February child's system. This leaves our children at risk well-connected'' category of eligibility now 5, 1993. Experience has shown that the law CONGRESSIONAL RECORD — Extensions of Remarks E49 does not unduly disrupted employer oper- When a person buys a handgun from a gun UNIFORMED SERVICES FORMER ations. Not only are the costs to employers of store, they must fill out a Brady Form, undergo SPOUSES EQUITY ACT OF 1999 complying with the law negligible, but in many a background check, show proof of identifica- instances FMLA has led to improvements in tion and a record of the sale is also kept. HON. BOB STUMP employer operations by improving employee What most people don't know is that a loop- OF ARIZONA morale and productivity and reducing em- hole in the federal law allows that same per- IN THE HOUSE OF REPRESENTATIVES ployee turnover. Experience has also shown son to buy a handgun at a gun show without Wednesday, January 6, 1999 that the protections afforded by the law are doing any of these things. not only beneficial, but are essential in ena- Mr. STUMP. Mr. Speaker, today I am intro- bling workers to balance the demands of work The gun show loophole has created a situa- ducing a bill to restore a small measure of bal- and home when faced with a family or medical tion that is both dangerous and unfair. It al- ance to the way military retired pay is handled emergency. In short, we have now had suffi- lows gun show participants to sell guns with during a divorce. cient experience under the law to justify ex- little, if any, legal obligation to insure that they Under the Uniformed Services Former tending the law to employers of 25 or more aren't putting deadly weapons into the hands Spouses Protection Act, courts, were given employees. of violent criminals or juveniles. Furthermore, it the authority to divide military retirement pay Beyond expanding the number of work- creates unfair business competition between as property. Since then, the Courts have al- places that are protected by the FMLA, the bill law-abiding gun store owners whose time-con- most uniformly taken advantage of that provi- sion. This has resulted in certain injustices to I am introducing would permit employees to suming background checks and sales records military retirees. Chief among them is the fact take parental leave to participate in or attend are much less attractive to potential customers that former spouses continue to receive a their children's educational and extracurricular than a quick purchase from a gun show partic- activities. In effect, employees subject to the share of the retired pay even after one or ipant. FMLA would be able to take 4 hours of leave more remarriages, regardless of the respective in any 30-day period, not to exceed 24 hours Hundreds of thousands of firearms are sold financial positions of the former spouse and in any 12 month period, in order to participate at gun shows every year, and experts believe the retiree. Moreover, there is no limitation on in important educational activities undertaken participation to be on the rise. As gun shows when former spouses can seek a division of by their children. In this way, the law would have grown, so has evidence illustrating that a retired pay. more effectively enable workers to meet pa- lack of regulation is creating a black market My bill has three principal components ad- rental responsibilities without sacrificing their for violent criminals. Knowing that background dressing problems created by the original leg- economic security. checks would prevent them from buying guns islation. First, it would terminate payments Despite the enactment of the Family and from a gun store, criminals have found that made as a division of property from retired Medical Leave Act, too many workers continue they can obtain unlimited numbers of firearms pay upon remarriage of the former spouse. to face an impossible dilemma, pitting the at gun shows with ease. Because no sales Second, it would require computation of the emotional and physical well-being of a family records are kept at gun shows, these firearms former spouse's portion of retired pay based against its economic security, when faced with can be resold on the street and used in crimes on the rank and longevity of the individual at a family or medical emergency. Enactment of the time of divorce, not at the time of retire- without being traced. this legislation would extend coverage to 73% ment. Third, it would limit the time in which a of the workforce. A mother should not unrea- A one-year study conducted by the Illinois former spouse may seek a division of retired sonably or unnecessarily be forced to choose State Police indicated that at least 25 percent pay. between caring for a new born and maintain- of illegally trafficked firearms used in crimes I urge my colleagues to join me in seeking ing her job. A husband, recovering from a originate at gun shows, and national news ac- equity for military retirees. heart attack, should not also needlessly face counts indicate similar situations across the f the loss of his job and the resulting financial nation. Most recently, a 17-year-old Kentucky IN TRIBUTE TO JEAN FROHLICHER insecurity that would mean for his family. boy shot and killed another youth with a hand- Requiring employers of 25 or more to pro- gun that he told police he was able to pur- vide temporary, unpaid leave to workers who chase at a gun show with cash, no waiting pe- HON. BART GORDON face a family or medical emergency will not riod, and ``no questions asked.'' In Florida, an OF TENNESSEE impose an unreasonable burden on those em- escaped prison inmate was even able to pur- IN THE HOUSE OF REPRESENTATIVES ployers. Such a modest expansion of the law, chase a handgun at a gun show. Wednesday, January 6, 1999 however, will significantly benefit families in As the link between guns used in crimes Mr. GORDON. Mr. Speaker, I rise today crisis by extending the protections of the with unfortunate news. While returning from FMLA to 15 million workers and their families. and gun shows grows, it makes sense that our nation should be rewarding gun store owners West Virginia with her husband following the I urge my colleagues to join me in supporting New Years weekend, I am sorry to report that this important legislation. for taking time to keep guns out of the hands of dangerous criminalsÐnot penalizing them. Jean Frohlicher, the first president and general f counsel of the National Council of Higher Edu- As stated by Bill Bridgewater, former executive cation Loan Programs (NCHELP), passed THE GUN SHOW SAFETY & director of the National Alliance of Stocking away in Elkins, West Virginia. She is survived ACCOUNTABILITY ACT Gun Dealers, ``The Grand Bazaar approach by her husband John, niece Sandra Neuse that we now have ensures that every pugna- and two nephews, Lee and Carl Neuse. HON. ROD R. BLAGOJEVICH cious child with a grudge to settle and every Since coming to Congress, I have worked OF ILLINOIS other form of human predator have easy ac- hard to enhance educational opportunities for IN THE HOUSE OF REPRESENTATIVES cess to all the firearms that they might desire, students across the nation. I believe that it is Wednesday, January 6, 1999 while the legitimate firearms dealer is saddled imperative that we ensure access to a higher Mr. BLAGOJEVICH. Mr. Speaker, I rise with more and more onerous restrictions.'' education for every child in America. And today on behalf of 25 of my colleagues on Aimed at keeping guns out of the hands of though I have done what I can to reach this both sides of the aisle to reintroduce the Gun violent criminals and bringing fairness and ac- goal, my efforts have been dwarfed by those Show Safety & Accountability Act, the nation's countability to gun shows without creating of Jean Frohlicher. first legislation aimed at closing a deadly loop- new, onerous restrictions, the ``Gun Show As the Executive Vice President and Gen- hole that allows criminals to purchase firearms Safety & Accountability Act'' is a fair and rea- eral Council of NCHELP, Jean recognized at gun shows without undergoing Brady back- sonable solution. By requiring gun store own- early on that we truly are facing a crisis in the cost of higher education and need to provide ground checks. ers and gun show participants to comply with While it is unfortunate that my bill was not more assistance to students. Working with her the same laws, the bill would promote fair acted upon by the 105th Congress, it is our colleagues in the education community and business competition, while cutting off a dead- hope that with new leadership and a showing my colleagues on Capitol Hill, Jean has ly supply of firearms to our nation's dangerous of bi-partisan support, the 106th Congress will helped reform and expand our student loan pass this legislation and help me to cut off the criminals. programs, making more money available to deadly supply of firearms to violent criminals I urge my colleagues to make public safety students each year. Her advice and guidance that result in the countless deaths of innocent a priority this Congress and join me in cospon- on higher education financing has been invalu- American citizens every year. soring this groundbreaking piece of legislation. able to me. E50 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 Mr. Speaker, several years ago when my fa- spouse must refile a claim in order to continue but down on his luck, veteran of the Korean ther died, I found the words of Angelo Patri, receiving benefits. It provides for equitable War who passed away on November 5, 1998 the American educator and columnist very treatment and recognizes that since the Black in an apartment fire. His body laid unclaimed comforting. He said, ``in one sense there is no Lung Trust Fund is very solvent, there is no for weeks, the victim of government bureauc- death. You will always feel her life touching need to penalize beneficiaries any further. racy, until Dennis Rogers, a journalist for Ra- yours, her voice speaking to you, her spirit f leigh's The News & Observer, learned of his looking out other eyes, talking to you in the fa- plight from Mr. Burke's friends at the Scramble miliar things she touched, worked with, loved SEATS BELTS ON SCHOOL BUSES Dog Inn, his local hangout. Debbie Jernigan, as familiar friends. She lives on in your life the owner, had helped him over the years with and in the lives of all others who knew her.'' HON. GERALD D. KLECZKA food and medical care and was there with him Jean's passing will truly be a loss to our OF WISCONSIN the night he died from his burns. Mr. Rogers country and our students. My thoughts and IN THE HOUSE OF REPRESENTATIVES contacted a member of my staff, Miyoshi prayers go out to Jean's husband, John, as Wednesday, January 6, 1999 Jones for help. Ms. Jones worked untiringly well their family and friends. She has left be- fighting the bureaucratic red tape that held his hind many who respected and admired her, Mr. KLECZKA. Mr. Speaker, I rise today to remains hostage, and her efforts resulted in and her absence will certainly be felt by all. reintroduce legislation to require seat belts on Mr. Burke's burial at the Sandhills Veterans f school buses. My bill would prohibit the manu- Cemetery at Fort Bragg. facture, sale, delivery, or importation of school I would like to enter into the record two arti- BLACK LUNG BENEFITS buses that do not have seat belts, and impose cles written by Mr. Rogers that beautifully ar- SURVIVORS EQUITY ACT civil penalties for those that do not comply. ticulate the story of the valiant efforts of these The children of this country deserve safe brave North Carolinians to honor the memory HON. NICK J. RAHALL II transportation to and from school, and their of one of America's heroes. parents deserve peace of mind. My fellow col- OF WEST VIRGINIA [News & Observer, December 23, 1998] IN THE HOUSE OF REPRESENTATIVES leagues, we have the responsibility to do all DENNIS ROGERS: LIFE’S LESSONS, PART ONE we can to give it to them. Wednesday, January 6, 1999 Since 1985, nearly 1,500 people have died Every day at 2 p.m., Robert Joseph Burke would come through the doors of the Scram- Mr. RAHALL. Mr. Speaker, today I am intro- in school bus-related crashes. School bus oc- ducing legislation aimed at providing equity in ble Dog Inn on Western Boulevard. The bar- cupants accounted for 11 percent of these tender didn’t have to ask: a hot beer and a the treatment of benefits for eligible survivors deaths. bottle of Texas Pete on the side. of recipients of black lung benefits. In past Every year, approximately 394,000 public He’d leave about dark, easing his way to Congresses, I have introduced legislation to school buses travel about 4.3 billion miles to his nearby apartment. There he’d try again make more comprehensive reforms to the fed- transport 23.5 million children to and from to chase the memories away with cheap eral black lung benefits program in an effort to school-related activities. These numbers argue wine. make it more responsive to those who suffer for the highest level of safety we can provide. The cops say he was drunk Nov. 5 when he from this crippling disease. However, in light of fell asleep in his apartment with a cigarette I believe my bill is a step in the right direction. in his hand. They took him to the burn cen- a pending Labor Department rulemaking in I urge my colleagues to also support this im- ter in Chapel Hill, but he died the next day. this area, I am withholding the introduction of portant legislation, which has been endorsed He was 68. that comprehensive bill at this time. In this re- by the American Medical Association and the He was also a pain in the neck, a hopeless gard, I believe that some comity is in order as American College of Emergency Physicians. flirt and a proud man who once was a hero. we wait the promulgation of final rules under New Jersey and New York are the only two Oh my, the stories he could weave of those that proceeding. In the interim, the bill I am in- states that have school bus seat belt laws, but days when he was a kid from Brooklyn, back troducing today is very limited in scope. when he was a soldier and young and sober. only New Jersey makes their use mandatory He liked to be called Sarge. In 1981, Congress amended the Black Lung and enforces the law statewide. A New Jersey ‘‘You’d sit there all day and listen to his Benefits Act in several respects. Facing insol- study concluded that despite the relative safe- stories,’’ said Debbie Jernigan, his friend and vency, at the time the driving motivation for ty of school buses, they could be made safer. the owner of the Scramble Dog. ‘‘There was the legislation was to shore up the Black Lung I agree, and so did the AMA when it wrote so much kindness in him. And so much bull.’’ Disability Trust Fund through which benefit me, ``We believe that, if enacted, your bill But barroom war stories don’t earn you the payments are made to beneficiaries where would provide millions of American school chil- Silver Star for heroism. Or the Bronze Star, mine employment terminated prior to 1970, or dren with the same basic safeguard which has either. His military records say he once wore where no mine operator can be assigned li- them both, along with the two Purple Hearts long been mandatory in all automobiles.'' he earned for being twice wounded in combat ability. Through a variety of measures, sol- We must work together, at the local, State, in Korea. And there was his Combat Infan- vency was restored as a result of those 1981 and Federal level to prevent school bus inju- tryman Badge and his Ranger insignia, solid amendments which had the support of the ries. proof that once this tale-telling old man was United Mine Workers of America as well as f as tough as a cob, and brave, too. most of the coal industry. Yet, one provision of That could be the end of this story, I guess. the 1981 Act in particular was most trouble- THREE NORTH CAROLINIANS But a remarkable thing happened when some. This provision involved the treatment of HONOR FORGOTTEN AMERICAN Sarge died. He may have lived his later years surviving spouses of deceased coal miner HERO as a forgotten man from a forgotten war, a barfly taking up space, talking to anyone beneficiaries and the manner by which they who’d listen and killing himself one beer and could continue to receive black lung benefits. HON. BOB ETHERIDGE one cigarette at a time in a roadside tavern. As it now stands, due to the 1981 amend- OF NORTH CAROLINA But because of two strong women, he did not ments, there is a dual and inequitable stand- IN THE HOUSE OF REPRESENTATIVES go quietly into that long, long night. Not ard governing how benefits are handled for Sarge. surviving spouses of deceased beneficiaries. Wednesday, January 6, 1999 The first is Debbie Jernigan, the den moth- In the event a beneficiary died prior to January Mr. ETHERIDGE. Mr. Speaker, so often the er of the Scramble Dog crew. She is the best 1, 1982Ðthe effective date of the 1981 ActÐ brave men and women who fought on the friend a down-and-outer ever had. She had turned the old bar that opened in 1956 into a benefits continued uninterrupted to the surviv- front lines of American wars are forgotten by working-class refuge, a place to see a friend- ing spouse. However, if the beneficiary dies our government and ignored in our society. ly face smile when the real world turned after January 1, 1982, the surviving spouse People who risked everything to preserve our mean and cold. must file a new claim in order to try to con- freedom now make up a significant portion of She is quick to give others the credit, but tinue receiving the benefits and must prove the homeless population, languish in hospital they know what she’s done for them, how she that the miner died as a result of black lung suffering from multiple disorders, and are laid nagged and mothered and fed them and paid disease despite the fact that the miner was al- to rest without the honors they have rightly for a cab to take them home on those nights earned. I rise today to honor three strong when the beer and good times got too good. ready deemed eligible to receive benefits prior That’s why they felt such a loss when the to death. This is illogical, unfair and outright North Carolinians who fought to ensure that Dog burned to the ground earlier this year. insane. such a veteran received a proper burial. ‘‘We took care of each other there.’’ Debbie The legislation I am introducing today simply Robert Joseph Burke, known around his said. ‘‘We took up collections or held cook- removes the requirement that a surviving community as Sarge, was a highly decorated, outs or poker runs. We tried to help people CONGRESSIONAL RECORD — Extensions of Remarks E51 stand on their feet and get back a little of Rep. Etheridge, in the classiest move I’ve antitrust laws that govern jurisdiction over for- their pride. seen a congressman make lately, was there eign firms. It does not change U.S. antitrust ‘‘Sarge was living in an old pickup truck to pay his respects. When the brief service law. Instead, it is designed to codify and clarify behind the bar when we first got to know was over. Rengler accepted the flag that had him. When the people in the bar found out he covered his remains. He presented it to U.S. antitrust doctrine. Although most observ- was homeless, they chipped in and bought Myoshi Jones for her untiring efforts. ers would agree that the FTAIA established him a tent.’’ To all who helped, like Lois Raver, veter- conclusively that DOJ and U.S. firms have ju- Sarge proudly moved his new tent to the ans service officer for Orange County, and risdiction to bring an antitrust case against for- woods behind the Scramble Dog where, of my neighbor Alex Lee, who took care of the eign firms engaged in anti-competitive conduct course, he set it on fire with his hard drink- funeral arrangements, my gratitude. Thanks that harms U.S. exporters, enforcement offi- ing and endless smoking. to you, an old soldier, almost forgotten by cials misinterpreted the law and said so in a ‘‘You know what he did then?’’ Debbie the nation he served so valiantly, is finally footnote to the International Antitrust Guide- asks. ‘‘His false teeth had been burned in the at rest with his comrades. fire and he brought them to me and asked lines. That footnoteÐfootnote 159Ðcreated a me to clean them. Can you believe that?’’ f higher burden for U.S. exporters than Con- Well, yes, because it wasn’t the last time gress intended by requiring that they show Sarge would test Debbie’s patience. INTRODUCTION OF THE PROTECT AMERICAN JOBS THROUGH THE harm to U.S. consumers in order to get their Look for the rest of the story in this space day in court. The bill would ensure that the will Friday. FOREIGN TRADE ANTITRUST IM- PROVEMENTS AMENDMENTS ACT of Congress and the plain meaning of the [News & Observer, December 25, 1998] OF 1999 FTAIA could never again be misconstrued by DENNIS ROGERS: FINALLY, A FAREWELL FOR the federal antitrust agencies, a foreign litigant SARGE HON. JOHN CONYERS, JR. or a U.S. court. In doing so, it would assist in Robert Joseph Burke died in an apartment breaking down anti-competitive foreign barriers fire Nov. 5, just another old man who went to OF MICHIGAN to U.S. exports. sleep with a cigarette in his hand. IN THE HOUSE OF REPRESENTATIVES While the correction to Footnote 159 was Sarge, as he liked to be called, spent his Wednesday, January 6, 1999 drafted by Assistant Attorney General Jim Rill days drinking at the Scramble Dog Inn on in the Bush Administration, it has been fully Western Boulevard and telling war stories Mr. CONYERS. Mr. Speaker, I am pleased endorsed by the Clinton Administration. I com- that few people took seriously. to join with my colleague, Commerce Commit- mend Assistant Attorney Generals Rill, But the stories were true and he had the tee Ranking member JOHN DINGELL, in intro- medals to back them up: the Silver Star, the Bingman, and Klein for their strong leadership ducing today the ``Protect American Jobs in strengthening international antitrust enforce- Bronze Star and two Purple Hearts that Through the Foreign Trade Antitrust Improve- proved he was everything he said, a combat- ment and for bringing cases under the author- tested Ranger who fought bravely in Korea. ments Amendments Act of 1999.'' This bill ity of the FTAIA. ‘‘He was a sweet old man,’’ said Debbie clarifies one of our most important U.S. anti- By clarifying the jurisdictional requirements Jernigan, the bar owner who had befriended trust laws in order to enshrine the principle of the FTAIA, I hope to encourage the Depart- him. ‘‘There was so much kindness in him. that U.S. law reaches anti-competitive foreign ment of Justice and injured industries to make And so much bull. cartels, acts, and conspiracies designed to un- ‘‘I had to ban him from the bar several any necessary use of this important power by fairly exclude American products from over- challenging cartels, such as those blocking times. He just would not leave the women seas markets. The principle aim of my bill is who came in there alone. I wouldn’t put up distribution of the U.S. courts, before U.S. ju- with mess. But when I’d throw him out, he’d to codify the U.S. Department of Justice's cur- ries, under U.S. law. go stand across the street and look at the rent and correct interpretation of the Foreign My bill makes a simple and straightforward front door like a sad puppy. I was hard on Trade Anti-trust Improvements Act (``FTAIA'') point. Anti-competitive foreign cartels and con- him sometimes, but he needed that.’’ which is embodied in footnote 62 of the Inter- spiracies are subject to the long arm of U.S. Debbie let Sarge eat free when the bar had national Antitrust Guidelines. The footnote a charity cookout. She got him medical care. antitrust law. Foreign producers can run...but makes it clear that there are no unnecessary they can't hide. The global economy may be Once she learned that his war stories were jurisdictional or legal roadblocks to challenging true, she fought with the Veterans Adminis- a reality, but U.S. law applies fully to anti-com- tration to get him help. And when he died, anti-competitive acts and conspiracies that petitive international cartels, combinations and she held his hand to help him through the take place outside our borders. conspiracies. last dark night of his life. We live in an era of economic globalization. This bill already has the support of industry Sarge was dead. But other than Debbie and Today, America's prosperity depends, not just leaders, including Kodak, PP&G Industries, those who were his family at the bar, nobody on vigorous competition within our territorial and Guardian International Corporation, and seemed to care. His body was taken to the borders, but on free and fair access to mar- medical examiner’s office in Chapel Hill, the National Association of Manufacturers. I kets in Japan, Europe, Africa, Latin America, look forward to working with other interested where it lay unclaimed for several weeks. China, Russia, and a host of other countries. Desperate, his friend Jerry Rengler called me parties to bring U.S. law into a new era of for help. Anti-competitive practices that block foreign international economic globalization, and to I tried, but the bureaucracy would not be markets to U.S. exporters are just as much a ensure that American firms and workers have moved. That’s just terrible, one suit after threat to the U.S. economy, as the purely do- a timely and effective remedy against those another said, and then came up with reasons mestic cartels and combinations that the Sher- who engage in anti-competitive acts designed why it was always someone else’s respon- man Act sought to address at the turn of the to exclude American products or services from sibility. century. the international marketplace. Then came Myoshi Jones, who works for The opening of global markets has ad- Rep. Bob Etheridge of the 2nd district. When f I couldn’t find anyone in government willing vanced America's current economic prosperity, to do the right thing. I did what thousands but it also poses fundamental challenges for CELEBRATING THE PRINCIPLES OF do every day: I called my congressman. U.S. antitrust laws. One example is the U.S. KWANZAA—A TRIBUTE TO DR. E. Myoshi, who works in Etheridge’s Durham flat glass industry. For the better part of a dec- ALMA FLAGG office, was assigned the case. ade, America's leading flat glass producers Standing maybe 5 feet tall and weighing have been seeking access to the Japanese HON. DONALD M. PAYNE about 100 pounds, she took on the entire gov- market, the biggest and richest in Asia. This ernment and it was not a fair fight. As a gov- OF NEW JERSEY ernment official said of her later. ‘‘Who is isn't a situation where America doesn't have a IN THE HOUSE OF REPRESENTATIVES good product, American companies are lead- that woman? She’s chewing on people from Wednesday, January 6, 1999 one end of town to the other.’’ ers in producing and selling high-quality inno- ‘‘They made me mad,’’ Myoshi said. ‘‘They vative glass products around the world; and in Mr. PAYNE. Mr. Speaker, it gives me great weren’t treating that man right. I’m from a fact, have succeeded in Europe, Asia, the pleasure to inform my colleagues of a special military family, and I’m sensitive to veteran Middle East, Latin America, but not Japan. event and a special person. In the African issues.’’ The fact is that securing distribution effective American community Kwanzaa, a festive, non- The battle took a month, but on Monday, six weeks after he died, Robert Joseph channels for American glass products has not religious celebration, is held reflecting upon Burke, American soldier and bona fide hero, proved to be a significant barrier to entry in our rich heritage. It begins on December 26 was laid to rest in the Sandhills Veterans any country but Japan. and lasts for seven days. Each day focuses Cemetery at Fort Bragg. He was interred My bill aims to address this situation by on one of seven principles; unity, self-deter- with the quiet dignity and honor he was due. making an important clarification in the U.S. mination, collective work and responsibility, E52 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 cooperative economics, purpose, creativity peculiar wars where almost anyone could Hale, a British judge who died in 1676, in and faith. dodge service and, if all else failed, could run writing on ethics, gave us a rule that would The Beta Alpha Omega Chapter (Newark, away to Canada. This meant that the Armed serve us well today. This was his rule: In all NJ) of the Alpha Kappa Alpha Sorority in co- Forces during the Vietnam War were made my actions, I will seek to know and follow up of poor people who did not know how to my better instincts, never my worst; the no- operation with the New Jersey Performing Arts escape and those Americans who were patri- bler course, never the baser; [I will seek to Center sponsored the Second Annual otic enough to go even though they could know and follow] the high purpose, never the Kwanzaa Festival honoring community elders. have escaped. meaner. The person chosen to be honored on the first The Vietnam War was the beginning of the I suggest this as a good rule for all people day of the 1998 Festival, December 17, was sharp divisions in our country between those of good will and good manners. We should ex- Dr. E. Alma Flagg. Dr. Flagg is truly deserving who served and those who did not or who did pect no less from our leaders, whether public of this honor. She has spent most of her years not support the war effort. It was during this or private; that they take the high road. era that we began to question values that Our country is passing now into your in New Jersey working for the betterment of had served us well for generations. Patriot- hands. We call you Generation X, and we many. On May 2, 1995, I had the privilege and ism, to some, meant protest. The idea sprung wonder what your values will be and what pleasure of bringing Dr. Flagg and her work to up that there was no such thing as absolute your aspirations will be for our country and the attention of my fellow American citizens truth; that truth was a relative term and for your fellow citizens. through remarks printed in the CONGRESSIONAL therefore depended on the circumstances. We Based on my observations of my own grandchildren, I believe that Generation X RECORD. It is not often that we are able to pay learned that there was such a thing as situa- will be one of our greatest. Your values will such important homage to the same individual tional ethics; that ethics depended on the particular setting. increasingly be in the public interest. You within a short period of time. Dr. Flagg is one Our own children, known by some as the will accept the challenge of doing something of the very few for whom a school has been Yuppie Generation, were badly split over about the poor public schools and about the named while still active. Vietnam and social mores. Many turned to fifteen percent of our population who live Last year, Kwanzaa was recognized by the drugs and the hippie life. below the poverty level. You are our hope— United States Postal Service with the printing Our World War II generation had a large our highest hope. How will you deal with our of a postage stamp. Established in 1966, this role in the civil rights revolution of the 60’s. greatest failure: the scourge of drugs? Poor celebration of family, community and culture is Many of the Yuppie Generation participated education and poverty will weaken our coun- as well, thus a joint effort which reached try, but drugs can destroy it. The prisons are taking an important place in our diverse cul- across the two generations. The revolution filled, largely because of drugs. Using drugs ture. I would like to thank Dr. Mabel B. Perry was momentous in the history of our coun- is unpatriotic, but our leaders do not put the and Mrs. Greta D. Shepherd, Tribute Coordi- try. It stands as one of the nation’s highest problem in those terms. nators, for affording me this opportunity and achievements—a revolution engaged in You have received a good education and bringing attention to this important commemo- under law and contained within the law. are in a better position to serve others than ration. The Yuppie Generation has never had to many Americans. I hope that you will adopt As I stated on Tuesday, May 2, 1995, ``Mr. face hard problems of war or depression. Its the standard of noblesse oblige—‘‘To those to Speaker, I am sure my colleagues would have problems are smaller but still important. whom much is given, of them is much ex- Our education system is in disrepair despite pected.’’ joined me as I gave my best wishes to an out- prosperous times, ill serving substantial Supreme Court Justice Lewis Powell may standing human being and consummate role numbers of people who are in the public have been the greatest Southerner of this model, Dr. E. Alma Flagg''. schools. We experimented with leaving the era—and certainly among the greatest Amer- f neighborhood school concept and let the fed- icans. On the occasion of his death, the Rich- eral government into local education. We mond, Virginia Times-Dispatch, in an edi- THE WORLD WAR II GENERATION seem to have either lost the ability to man- torial of his life, quoted him as having writ- age the schools and the system or have lost ten, ‘‘As to values, I was taught—and still the will to correct the problem. The school believe—that a sense of honor is necessary to HON. BOB BARR problem is exacerbated by poverty. personal self-respect; that duty, recognizing OF GEORGIA We are turning into a sound bite people. an individual’s subordination to community IN THE HOUSE OF REPRESENTATIVES We catch the television news or hear the kib- welfare, is as important as rights; that loy- Wednesday, January 6, 1999 itzing on the radio. We are not readers. We alty, which is based on the trust-worthiness are losing the ability to write well. of honorable men, is still a virtue; and that Mr. BARR of Georgia. Mr. Speaker, today I Politicians have learned to use the tele- work and self-discipline are as essential to rise to share with my colleagues a commence- vision and radio as a means of spinning the individual happiness as they are to a viable ment speech delivered at the University of news to suit their purposes. A gullible popu- society. Indeed, I still believe in patriotism— Georgia, entitled ``Reflections from the World lace seems to be taken in by the spinners. not if it is limited to parades and flag-wav- This is much like the medicine shows which War II Generation,'' by former Attorney Gen- ing, but because worthy national goals and passed through the small towns during my aspirations can be realized only through love eral and retired Federal appellate judge Griffin youth. As Oliver Goldsmith said in his poem, of country and a desire to be a reponsible cit- B. Bell, on December 19, 1998. I hope each The Deserted Village, referring to the village izen.’’ Member of the House of Representatives will schoolmaster when he spoke on the village There is a chapter in Sandberg’s Life of take a moment and read this inspiring docu- square: ‘‘Amazed the gazing rustics ranged President Lincoln entitled ‘‘A Tree Is Best ment. around; And still they gazed and still the Measured When It Is Down.’’ This chapter in- wonder grew, How one small head could hold cludes many of the tributes paid to President REFLECTIONS FROM THE WORLD WAR II all he knew.’’ Lincoln after his assassination. One of the GENERATION We must ask: Have we lost our capacity to tributes was by the great Russian writer, I am from the World War II generation. My govern in a representative government? Have Tolstoy, who, when asked by Russian tribes- youth was in the Great Depression, which the pollsters and polls taken over? Is there a men to tell them about President Lincoln, tempered all who lived it. need for us to have representatives or are responded, ‘‘Lincoln was a great man. He was The discipline of military service, indeed, representatives mere rubber stamps to obey greater than Alexander the Great and great- the service itself in World War II, had a the will of the polls? Pure democracy was a er than George Washington. The reason he marked effect on some 14 million Americans form of government rejected by the Found- was great was his values. Everything that he who served. Following our service, our coun- ing Fathers. We must remember Jefferson’s did was rooted in four great values: human- try educated many of us under the GI Bill of words that our representatives owe us their ity and justice, truth and pity.’’ Rights. Ours was the first generation of best judgment, not their votes. Their judg- Truth is important. It is the bedrock of our Americans to include substantial numbers of ment is important. legal system, and the legal system is the people who had graduated from college. During this period has come an era of bad bedrock of our country. The electronic revolution had its genesis in manners—incivility and rancor in our pri- I speak of a legal system as being different World War II and has continued to develop at vate and political life, extremism in enter- from justice. Justice is that which is ren- a rapid rate until this day. Much of it was tainment and sensationalism in the arts and dered in the legal system. It is the redeeming developed in the vast defense and space en- in the media. How can we improve our dis- virtue of our country; that no person is terprises, which followed World War II and in course? What has happened to old fashioned above the law and no person is below the the Cold War with the Soviet Union. courtesy? Nowhere is conduct worse than law; we are all equal before the law. you Some of our generation had to participate among the too-clever-by-half lawyers where must take care to see that no fellow citizen in the Korean War along with many other the smart aleck and ill-mannered so-called is ever denied justice. You must also take Americans who had not been in World War advocate is destroying the nobility and high care to see that there are no preferred citi- II. calling of the law, and perhaps the last ves- zens in the sense that the rich and well-to-do We sent our sons to Vietnam if our sons tige of good manners as taught us under the can have a different kind of justice. I direct wanted to serve. Vietnam was the first of our English Common Law practice. Sir Matthew your attention to the latterday style of trial CONGRESSIONAL RECORD — Extensions of Remarks E53 where the witnesses or prosecutors or judges edly for this pioneering, visionary police work. INTRODUCTION OF THE MEDICARE are attacked by packs of lawyers using the The Boy Scouts of America named him recipi- HMO IMPROVEMENT ACT OF 1999 media as a way to avoid guilt, although the ent of the Silver Beaver and Youth Services guilt is never denied. This will not do in a great country. It will not do among free peo- Awards. Rotary selected him as a prestigious HON. SAM GEJDENSON ple. Paul Harris Fellow. The NAACP has praised OF CONNECTICUT Humanity and pity are the two other val- Dick's public service. And our area's largest IN THE HOUSE OF REPRESENTATIVES ues mentioned by Tolstoy. A strong feeling radio station, WCCO, has chosen him for its Wednesday, January 6, 1999 of humanity would make us evermore atten- well-recognized ``Good Neighbor'' award. tive to problems of poverty and education, Mr. GEJDENSON. Mr. Speaker, I rise today and to seeing that every American is treated This record of excellence pervades all that to introduce the Medicare HMO Improvement fairly and has a fair chance. Pity is more for Dick Setter touches. Starting with his first posi- Act of 1999. the individual basis, but is a mark of de- tion as a patrol officer in rural Owatonna, MN, By the end of 1998, over 8,000 senior citi- cency—a standard to which we can all repair. and continuing wherever he has goneÐinclud- zens in my districtÐand over 13,000 through- I hope that as you leave this great institu- out ConnecticutÐreceived perhaps the most tion, you will take with you, as a part of ing 23 years as a patrol officer, investigator, supervisor and chief of police in nearby St. frightening news any American can get. Their your education, love of country and love of Medicare HMO's informed them that they are your fellow citizen. Even with its blemishes, Louis ParkÐDick has been successful in mak- terminating their health insurance by the end ours is a great country; the greatest. I have ing our streets, schools, and neighborhoods of the year. Some of these seniors were re- always said that I am proud to be a South- safer. erner, but am proudest of all to be an Amer- cruited only months before through aggressive ican. Dick Setter's superior performance has re- company marketing campaigns. And now ends your last lecture. sulted in his repeatedly being asked to lead Insurers came to the Federal Government in f important law enforcement and crime-fighting the early 1980's and said ``We're private in- efforts. Most recently, Chief Setter served as dustry, we can run Medicare better than you A TRIBUTE TO MINNETONKA PO- President of the 1,500-member FBI Law En- can while giving more services to seniors. LICE CHIEF RICHARD W. SETTER forcement Executive Development Associa- Give us a chance.'' Well, we gave them a UPON HIS RETIREMENT tion. He has been a member of that group for chance and they let our seniors down. The 17 years and in a leadership position for 12 companies thought they could just jump in and jump out of my district, and others around the HON. JIM RAMSTAD years, including as a counselor at the FBI country, without regard to the health and well- OF MINNESOTA Academy in Quantico. He has also served as being of the seniors that they had signed up IN THE HOUSE OF REPRESENTATIVES Chair and Vice Chair of the Minnesota Peace just months ago. Across our Nation, Medicare Wednesday, January 6, 1999 Officers Standards and Training Board, Presi- HMO's have terminated health insurance for dent and Vice President of the Hennepin Mr. RAMSTAD. Mr. Speaker, I rise today to nearly 440,000 seniors. That is not accept- County Chiefs of Police, a member of the able. That is not a responsible way to operate pay tribute to a great Minnesotan who rep- board of the Minnesota Chiefs of Police Asso- resents the absolute best in public service for a business whose primary purpose is to en- ciation, and in many other leadership posi- his sterling leadership and remarkable profes- sure people's health. tions. The termination announcements sent shock sional career in law enforcement. waves through Tolland, Windham and New You see, Mr. Speaker, my hometown's Di- Mr. Speaker, by any measure of merit, Chief London counties. At a public meeting I hosted rector of Public Safety and Chief of Police in Setter is one of America's best and brightest with Senator CHRIS DODD in September 1998 Minnetonka, MN, Richard W. Setter, has had law enforcement professionals, and he will be following the announcement that 7,000 seniors a profound impact on my career. sorely missed by the people of Minnetonka. would lose their coverage by year's end, 400 After 14 years in his current position, and I truly value all the wise counsel Chief Set- seniors gathered to hear about their options following four distinguished decades in law en- ter has provided me through the years on so for the future. The tension, anxiety and des- forcement, Richard Setter is retiring. He many matters. It is not possible to find words peration of my constituents pervaded the leaves an immense legacy. adequate enough to properly convey my ap- room. One of my constituents, whose wife had Tough. Fair. Integrity. A real leader. Those preciation for all Dick Setter has done for me recently had a stroke, was so upset about los- are just a few of the descriptions that come to ing health insurance that after asking a ques- mind when you think about Dick Setter's im- and for the people of our community and State. tion, he had a heart attack. That man, Fred- pressive career. erick Kral, died on the way to the hospital. He has superbly led the Minnetonka Police Mr. Speaker, Dick Setter's influence on my Under the current system, Medicare HMO's Department since April 30, 1984. In 1994, career has been substantial. As a direct result can act with impunity. There no accountability, when he became Director of Public Safety as of my interaction with him, I have made the no responsibility. Profits are all that matter. well as Chief of Police, he smoothly and effec- fight against crime and drugsÐa battle which Patients and quality health care are second- tively merged the police, fire and emergency has ravaged our cities, infiltrated our schools ary. This is just wrong. management departments. With 149 full and and dramatically affected our neighborhoods My legislationÐthe Medicare HMO Improve- part-time personnel serving our city of 53,000 and familiesÐmy top priority over the past 18 ment Act of 1999Ðwill inject some account- people, Chief Setter has helped make the years as a State senator in Minnesota and ability into the Medicare HMO system. It will Minnetonka Department of Public Safety well here in Washington. change the contract term from 1 year to 3 known throughout Minnesota as a shining years. This change is designed to discourage lighthouse of an example for other commu- Because of Dick Setter and other good HMO's from making short-term promises to nities. friends in law enforcement, I have successfully seniors only to terminate coverage a year later Mr. Speaker, when it comes to implement- sought leadership positions in government to when they don't make quite as much money ing community-oriented policing, organizing make a real difference on crime and drug pol- as they hoped. It gives the Secretary of Health neighborhood crime watch groups, forging co- icy, such as my present position as Co-Chair and Human Services (HHS) authority to enjoin operative anti-drug task forces and creating of the House Law Enforcement Caucus. contract terminations for up to one year if pub- anti-crime programs at multiple housing and Mr. Speaker, I want to wish Dick Setter the lic health will be seriously threatened, insur- shopping center sites, Chief Setter's very best in all his future endeavors, including ance coverage will be compromised, or the Minnetonka Public Safety Department has his professorship at the Minnesota State Uni- Governor of the state affected requests that shown the way. And when it comes to steering versity in MankatoÐwhere he has been inspir- the Secretary exercise this authority. Moreover, my legislation is designed to dis- youth away from at-risk behavior, Dick Setter ing future law enforcement officers for two has been a real trend-setter. He knows how courage HMO's from ``cherry picking'' between decades. I can't imagine a better role model. important it is to prevent crime by fighting its regions within a State by offering coverage root sources and by putting resources into the Thanks again, Dick, for all you have done only in those areas with the highest reim- front end, which saves our communities and for the people of Minnetonka and for our State bursement rates. It accomplishes this goal by the nation expensive resources in the long and Nation. God bless you and your wonderful requiring the Secretary of HHS to terminate all run. wife Patty. You have made our community im- contracts a Medicare HMO has for a metro- It has been a long and remarkable run for measurably stronger and safer, and we're politan statistical area (MSA) if that HMO ter- Chief Setter, who has been honored repeat- deeply grateful! minates coverage in any portion of the MSA in E54 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 that state. I selected the MSA as the geo- The purpose of this legislation is to ensure small aquatic species similar to shrimp or min- graphical unit because it is already used in the that our nation's wastewater, stormwater and nows. The death of these species or their fail- law and should discourage ``cherry picking'' combined sewer facilities owned by local gov- ure to grow or reproduce as expected in the without reducing coverage on a state-wide ernments are not unfairly exposed to fines and laboratory is considered by EPA to be a test basis. Finally, if a company terminates cov- penalties under the federal Clean Water Act failure and therefore a permit violation. erage and a beneficiary is currently receiving when biomonitoring or whole effluent toxicity Where such tests are included in permits as treatment, this bill requires the HMO to pro- tests conducted at those facilities indicate an effluent limits, these test failures are subject to vide 90 days of coverage to allow the patient apparent test failure. administrative and civil penalties under the to continue to receive such treatment. This will Similar legislation applicable to sewage CWA of up to $27,000 per day of violation. ensure that patients under active treatment will treatment facilities was introduced in previous Test failures also expose local governments to have a few additional months to make the Congresses. In recent years, various offices of enforcement by third parties under the citizen transition to another doctor or health plan. EPA have sought to apply WET test limitations suit provision of the Act. Mr. Speaker, what Medicare HMO's did in to municipal separate storm sewer systems, WET test failures can also trigger toxicity my districtÐand what they are doing across combined sewer overflows, and other wet identification and reduction evaluations that in- the countryÐis unreasonable and irrespon- weather facilities. Therefore, as in the last clude additional testing, thus exposing local sible. The Medicare HMO Improvement Act is Congress, this bill would also apply to wet governments to additional penalties if these a reasonable approach which will provide weather facilities owned by local or state gov- additional tests are expressed as permit limits and also fail. The use of biomonitoring test badly needed protection to older Americans. I ernments. Enforcement of biomonitoring test failures is failures as the basis for fines and policies is invite my colleagues to join me as co-spon- a concern of local governments nationwide. the issue which this bill addresses. sors. Where whole effluent toxicity is a NPDES per- WET TEST ACCURACY CANNOT BE DETERMINED f mit limit, the limit is defined as a test method EPA recognizes that the accuracy of bio- IN MEMORY OF HAL WALSH as provided in EPA regulations at 40 C.F.R. monitoring tests cannot be determined. An Oc- part 136. Any permit with whole effluent tox- tober 18, 1995 FEDERAL REGISTER preamble HON. PETER DEUTSCH icity tests expressed as a discharge limit is document issued by the Agency in promulgat- subject to enforcement by EPA or a state del- ing test methods determined that: ``Accuracy OF FLORIDA egated to implement the NPDES permit pro- of toxicity test results cannot be ascertained, IN THE HOUSE OF REPRESENTATIVES gram, or under the Act's citizen suit provi- only the precision of toxicity can be esti- Wednesday, January 6, 1999 sions. Fines and penalties for such tests fail- mated.'' (EPA, Guidelines for Establishing Test ures are up to $27,000 per day of violation. Mr. DEUTSCH. Mr. Speaker, I rise today to Procedures for the Analysis of Pollutants, 40 These tests are known, however, for their high recognize and commemorate the many con- C.F.R. Part 136, 60 FR 53535, October 16, variability and unreliability. Furthermore, be- tributions Hal Walsh made to the Key West 1995.) cause the source of WET at any given facility community. Hal was the executive director of While the Agency cannot determine the ac- is usually not known until the tests are con- Truman's Little White House Museum and a curacy of such tests, EPA still requires local ducted, local governments are unable to take governments to certify that WET test results columnist for the Key West Citizen newspaper. appropriate action to guarantee against test are ``true, accurate, and complete'' in Dis- Hal came to Key West from New York City failure, and hence permit violation, before charge Monitoring Reports (``DMRs'') required in 1993 after a career as a stock broker. His such violation occurs. by NPDES permits. This is a true Catch±22 lifelong interest in American history drew him The bill we reintroduce today would retain requirement. to the Truman Little White House Museum. In the use of biomonitoring tests as a manage- Laboratory biomonitoring tests are known to addition to his dedicated service as museum ment or screening tool for toxicity. Our bill be highly variable in performance and results. director, Hal was also an active member of the would, however, shift fine and penalty liability Aquatic species used as test controls may die Lambda Democrats and was a founder of the from liability for test failures to liability for fail- or fail to reproduce normally during test per- Key West Gay and Lesbian Center. He never ure to implement required procedures for iden- formance through no fault of the POTW or its hesitated to keep me apprised of how politi- tifying and reducing the source of WET when effluent. False positive tests occur frequently. cians on every level of government were detected. In so doing, this legislation would in Yet test failure is the basis for assessing ad- doingÐright or wrongÐregarding issues of the long-run strengthen environmental protec- ministrative and civil penalties. concern to the gay community. He was an ar- tion by removing the enforcement disincentive EPA also recognizes that WET is episodic ticulate and passionate advocate who was for its use. and usually results from unknown sources. never afraid to speak his mind. BACKGROUND These unknown sources can include syner- Hal's other affiliations include being first vice EPA or delegated states regulate waste- gistic effects of chemicals, household products president of Old Island Restoration Foundation water discharges from sewage treatment, sep- such as cleaning fluids or pesticides, and ille- and a member of the Lower Keys Friends of arate storm sewers and combined sewer sys- gal discharges to sewer systems. Even a well- Animals. His devotion to his cocker spaniels, tems through the NPDES permit program. managed municipal pretreatment program for Savannah and Sachem, rang clear in his NPDES permits include narrative or numeric industrial users cannot assure against WET weekly newspaper column which often in- limitations on the discharge of specifically test failures. cluded their antics. named chemicals. Treatment facilities can be The inaccuracy and high variability of WET A Key West Citizen editor Bernie Hun wrote, and are designed and built in order to assure tests is the basis of a judicial challenge to ``Hal Walsh was a big man in every sense compliance with such chemical specific limita- EPA Part 136 WET test methods brought by . . . in generosity and spirit.'' He will be truly tions before a violation occurs. Compliance is the Western Coalition of Arid States missed by those whose lives he touched. determined by conducting specific tests for (``WESTCAS'') in 1996. This litigation was set- f these specifically known chemicals. tled by the Agency in 1998 but is still under NPDES permits may also include limits to court jurisdiction and supervision. Under the MUNICIPAL BIOLOGICAL control the unspecified, unexpected, and un- settlement, EPA agree to conduct additional MONITORING USE ACT OF 1999 known toxicity of the sewage plant effluent tests as to the validity of WET testing and the which is referred to as whole effluent toxicity test methods in Part 136. The responsibility for HON. JOEL HEFLEY or WET. The authority for biomonitoring tests this new effort to justify the technical basis of OF COLORADO was added to the Clean Water Act by the WET testing is split between the EPA Office of IN THE HOUSE OF REPRESENTATIVES 1987 amendments. Since then, EPA has Research and Development and the EPA Of- Wednesday, January 6, 1999 issued regulations describing biomonitoring or fice of Water. WET test methods under Part 136, permit re- Scientific method blank or blind testing for Mr. HEFLEY. Mr. Speaker, in this new Con- quirements under Part 136, and enforcement WET tests was conducted by WESTCAS in gress, I am again introducing the Municipal Bi- policies for the use of WET tests as a monitor- 1997 preceding the settlement with EPA. ological Monitoring Use Act (``MBMUA'' or ing requirement or as a permit effluent limita- These blind tests were conducted by a series ``Biomonitoring Bill''). This bill amends the fed- tion at POTWs. Compliance with WET as lim- of qualified laboratories throughout the United eral Clean Water Act (``CWA'' or ``Act''). I its is determined by the results of biomonitor- States. The purpose of these blind tests was would respectfully request its consideration ing or WET tests. to quantify the natural level of biological varia- this year as separate legislation or in connec- Biomonitoring or WET tests are conducted bility in test organisms and the variability in- tion with other bills to amend the CWA. on treatment plan effluent in laboratories using herent in the test procedures themselves. CONGRESSIONAL RECORD — Extensions of Remarks E55 Without the knowledge of the participating lab- installed before test failures occur is fun- Requiring that criteria for WET must employ oratories, all of the samples tested contained damentally unfair because the local govern- an aquatic species that is indigenous to the no reference toxicants of any kind, i.e. The ments owning these plants do not have notice type of waters, a species that is representative samples were pure dilution water. of what they must do to conform their behavior of such species, or such other appropriate The results of these tests is highly reveal- to the requirements of law. Constitutional fair species as will indicate the toxicity of the efflu- ing. Thirty-five per cent of the tests failed. Fail- notice in such situations is critical, and critical ent in the actual specific receiving waters. ure in this case means that toxicity was re- to fundamental fairness under the American Such criteria must take into account the natu- ported in non-toxic water samples. The 35% legal system, whether at the federal or state ral biological variability of the species, and false positives among these tests dem- level. must ensure that the accompanying test meth- onstrated the high inaccuracy of the test meth- There is less basis for making WET test fail- od accurately represents actual instream con- ods used and the inappropriateness of their ures subject to fines and penalties for storm ditions, including conditions associated with use as an enforcement weapon. Had any of water-related discharges because local gov- dry and wet weather; these false positives occurred in actual sam- ernments are able to exercise even less con- Authorizing NPDES permit terms, conditions ples from municipal facilities, they would have trol over such storm sewer systems and over or limitations to include enforceable proce- been subject to fines and penalties of up to combined sanitary and storm sewage sys- dures for further analysis, toxicity identification $27,000 for each violation of a permit limit. tems. evaluation (``TIE'') or toxicity reduction evalua- Even if WET tests are improved, their use EPA may say that WET test failures often tion (``TRE'') for WET where an NPDES permit as enforcement tools is fundamentally unfair are not enforced under the Agency's exercise authority determines that the discharge from because the source of WET is usually un- of administrative discretion. However, the op- the applicable facility causes, has the reason- known and cannot be controlled before test portunity for such enforcement remains, espe- able potential to cause, or contributes to an in- failures as permit violations, occur. cially as more permittees are faced for the first stream excursion above a narrative or numeric criterion for WET. Our bill would also direct MUNICIPAL WASTEWATER FACILITIES time with enforceable WET permit limits and Municipal sewage treatment and combined where an enforcement action is based on one that the NPDES permit must allow the permit- facilities are designed to control specific chem- or more alleged permit violations. tee to discontinue such procedures, subject to future reinitiation of such procedures upon a ical pollutants. Stormwater facilities are less The Agency should not rely on a lack of en- showing by the permitting authority of changed able to control even specific chemicals. In any forcement or enforcement discretion to justify conditions, if the source of such toxicity can- event, these local government facilities are not this fundamentally unfair enforcement method. not, after thorough investigation, be identified; designed to control WET, especially in view of Any legal requirement that is not based on fair and notice lacks credibility and undermines basic the fact that POTWs cannot be assured of Requiring the use of such NPDES permit knowing the specific nature of influent dis- due process principles whether enforcement terms, conditions or limitations only upon de- charged to these facilities. To guarantee occurs once or many times. Additionally, third termination that such terms, conditions or limi- against these test failures before they occur, party suits are not subject to the exercise of tations are technically feasible, accurately rep- local governments would have to build sewage EPA review and discretion. resent toxicity associated with wet weather treatment facilities using reverse osmosis, WET TESTS CAN BE USED AS EARLY-WARNING conditions, and can materially assist in an micro filtration, carbon filtration or ion ex- MANAGEMENT TOOLS identification evaluation or reduction evaluation change, at great expense to citizen rate pay- Procedures for locating and reducing the of such toxicity. ers and with potentially very little benefit to the source toxicity can require accelerated testing WET testing should be used as a manage- environment. which would expose local governments to ad- ment tool to locate and reduce WET. The as- The CWA and EPA regulations (40 C.F.R. ditional penalty liability. Thus, the Agency's in- sessment of penalties for test failures or the § 122.44(d)(1)(iv)) require that toxicity be de- sistence on making WET tests subject to pen- potential for assessment has become a recog- termined based on actual stream conditions. alties has become counter-productive to pre- nized disincentive for the use of WET tests, in- An EPA administrative law judge decision venting toxicity. cluding accelerated testing to locate and re- issued in October, 1996, confirmed this inter- Nothing in the Clean Water Act requires duce toxicity. pretation in ruling: EPA to make WET testing an enforceable per- This bill would assure the use of these tests Although some form of WET monitoring mit limitation. As originally conceived by EPA as tools to prevent pollution by respecting their may be legally permissible, there must be a personnel who developed biomonitoring test technical limitations, eliminating penalties for reasonable basis to believe the Permittee’s protocols, these tests, when made reliable, test failures, and preserving the enforceability discharge could be or become acutely toxic. could be used as a screening or management of procedures to locate and reduce whole ef- In addition, the proposed tests must be rea- tool for detecting WET, rather than for en- fluent toxicity when detected. sonably related to determining whether the forcement purposes. Since the 1987 amend- I urge my colleagues to join me in cospon- discharge could lead to real world toxic ef- fects. The CWA objective to prohibit the dis- ments, however, through regulations and en- soring this legislation and I urge its consider- charge of ‘‘toxic pollutants in toxic forcement policies, EPA has persisted in mak- ation and enactment in this Congress. amounts’’ concerns toxicity in the receiving ing WET test failures violations of permit limi- H.R. — waters of the United States, not the labora- tations even though these tests are technically Be it enacted by the Senate and House of Rep- tory tank. unsound and fundamentally unfair for enforce- resentatives of the United States of America in In the Matter of Metropolitan-Dade ment purposes. It is for these reasons that a Congress assembled, County, Miami-Dade Water and Sewer legislative solution is necessary. SECTION 1. SHORT TITLE. Authority, NPDES Permit No. ALTERNATIVE, LEGISLATIVE SOLUTION NEEDED This Act may be cited as the ‘‘Municipal FL00224805. One legislative alternative would make WET Biological Monitoring Use Act’’. In actual practice, however, NPDES permits testing a monitoring-only permit requirement. SEC. 2. BIOLOGICAL MONITORING. (a) BIOLOGICAL MONITORING CRITERIA.—Sec- often restrict species for WET tests to a lim- Another alternative would shift the enforce- tion 303(c)(2) of the Federal Water Pollution ited number of standard species which may ability of WET permit requirements from WET Control Act (33 U.S.C. 1313(c)(2)) is not be representative of the stream-specific tests failures to local government failure to im- amended— conditions to which local facilities discharge. plement a tiered compliance process and (1) by inserting after the third sentence of This situation can also result in false test re- schedule for locating and reducing the source subparagraph (B) the following: ‘‘Criteria for sults. The failure to allow for the use of indige- of toxicity. biological monitoring or whole effluent tox- nous test species is a particular concern to The bill we reintroduce today adopts the icity shall employ an aquatic species that is indigenous to the type of waters, a species POTWs discharging to ephemeral streams lo- second alternative and retains the use of WET that is representative of such species, or cated in Western states where nationally uni- as an enforceable part of the Clean Water Act such other appropriate species as will indi- form species could not survive. by: cate the toxicity of the effluent in the spe- POTWs cannot be assured of knowing what Amending Sections 303 and 402 of the cific receiving waters. Such criteria shall substances are discharged to their facilities, CWA to prohibit the finding of a violation take into account the natural biological var- as can industrial dischargers. They are com- under the strict liability provisions of the Act iability of the species, and shall ensure that munity systems with thousands or even mil- for a failure of a WET test conducted at pub- the accompanying test method accurately represents actual in-stream conditions, in- lions of connections, absolute control over licly owned treatment works, municipal sepa- cluding conditions associated with dry and which is not feasible. The inability of sewage rate storm sewer systems, and municipal com- wet weather.’’; treatment facilities to know the cause of WET bined sewer overflows, including control facili- (2) by striking the period at the end of sub- failures so that the appropriate controls can be ties, and other wet weather control facilities; paragraph (B) and inserting the following: ‘‘; E56 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 except that for publicly owned treatment ON IMPEACHMENT No President is above the law. He is at works, municipal separate storm sewer sys- least entitled to the same protection that ap- tems, and municipal combined sewer over- plies to each of us if we should be charged flows (including control facilities) and other HON. PATSY T. MINK wet weather control facilities, nothing in OF HAWAII with criminal conduct. this Act shall be construed to authorize the IN THE HOUSE OF REPRESENTATIVES People who are charged with crimes must use of water quality standards or permit ef- Wednesday, January 6, 1999 be informed of the specific charges. fluent limitations which result in the finding Without that, the call for the rule of law is an of a violation upon failure of whole effluent Mrs. MINK of Hawaii. Mr. Speaker, my con- empty and hollow gesture. toxicity tests or biological monitoring stituents who ask me to vote for impeachment f tests.’’; and do so on the assumption that the President (3) by adding at the end the folowing: has been found guilty of perjury. IMPEACHMENT OF PRESIDENT ‘‘(C) Where the permitting authority deter- They ask me to apply the law to the Presi- CLINTON mines that the discharge from a publicly dent the same as I would apply for ordinary owned treatment works, a municipal sepa- citizens. HON. JOHN F. TIERNEY rate storm sewer system, or municipal com- I have analyzed my views in accordance OF MASSACHUSETTS bined sewer overflows (including control fa- with this direction. cilities) or other wet weather control facili- I say with no doubt whatsoever, that the Ar- IN THE HOUSE OF REPRESENTATIVES ties causes, has the reasonable potential to ticles of Impeachment or the record which ac- Wednesday, January 6, 1999 cause, or contributes to an in-stream excur- sion above a narrative or numeric criterion companied it make no specific finding of facts Mr. TIERNEY. Mr. Speaker, I shall be voting for whole effluent toxicity, the permit may as to exactly what statement was given under against each of the articles of impeachment. I contain terms, conditions, or limitations re- oath that forms the basis of the crime of per- am convinced that impeachment is not in the quiring further analysis, identification eval- jury. best interest of the country and its citizens. uation, or reduction evaluation of such efflu- There are many suggestions and President Clinton's conductÐinappropriate ent toxicity. Such terms, conditions, or limi- innuendoes and assumptions, but there is no and wrong as it wasÐdoes not reach the tations meeting the requirements of this sec- specific listing of proof upon which the Judici- tion may be utilized in conjunction with a threshold necessary to constitute the kind of ary Committee relied to make its rec- high crimes and misdemeanors envisioned by municipal separate storm sewer system, or ommendation to impeach and remove the municipal combined sewer overflows (includ- the founding fathers and subsequent inter- ing control facilities) or other wet weather President from office. preters of the Constitution. control facilities only upon a demonstration The Judiciary Committee takes the position I have reached this decision after reviewing that such terms, conditions, or limitations that they are not required to provide the applicable law and precedence, after consider- are technically feasible accurately represent House with any degree of specificity. They in- ing the views of academics, and after weigh- toxicity associated with wet weather condi- terpret their report on impeachment as merely tions, and can materially assist in an identi- ing the comments of constituents. A vote for a referral of various and sundry allegations to impeachment ought to be a matter of con- fication evaluation or reduction evaluation the Senate and accordingly forfeited their duty of such toxicity.’’ science, but it should also not be unmindful of to examine the facts independently and decide the strong opinion of the governed. Impeach- (b). INFORMATION ON WATER QUALITY CRI- exactly what facts support the allegations of TERIA.—Section 304(a)(8) of such Act (33 ment in this case would essentially undo the U.S.C. 1314(a)(8)) is amended by inserting ‘‘, perjury. I believe that this view of our Constitu- results of two popular elections. tional duty is an abdication of our sworn re- consistent with subparagraphs (B) and (C) of As my colleague HOWARD BERMAN has stat- section 303(c)(2),’’ after ‘‘publish’’. sponsibility. ed, ``That the President's conduct is not im- If this House is prepared to remove the (c) USE OF BIOLOGICAL MONITORING OR peachable does not mean that society con- WHOLE EFFLUENT TOXICITY TESTING.—Sec- President from office it must do so on the dones his conduct. Rather, it means that the tion 402 of such Act (33 U.S.C. 1342) is amend- basis of specific findings of criminal behavior. popular vote of the people should not be abro- ed by adding at the end the following: It cannot be on generalized allegations with a gated for this conductÐwhen the people clear- ‘‘(q) USE OF BIOLOGICAL MONITORING OR hope that the Senate will determine whether ly do not wish for this conduct to cause the WHOLE EFFLUENT TOXICITY TESTING.— crimes have been committed. ‘‘(1) IN GENERAL.—Where the Administrator I agree with my constituents who ask us to abrogation. * * * Conduct that may not be im- determines that it is necessary in accordance apply the same law to the President as would peachable for the President * * * is not nec- with subparagraphs (B) and (C) of section essarily conduct that is acceptable in the larg- 303(c)(2) to include biological monitoring, be applied to ordinary people. Ordinary citizens would be given the specific er society.'' whole effluent toxicity testing, or assess- Indeed the President is not blameless for ment methods as a term, condition, or limi- basis underlying the charge of perjury. tation in a permit issued to a publicly owned The President has not been provided this in- the sorry state of affairs now before us. His treatment works, a municipal separate formation. He has been presumed guilty of actions were, as he admitted, indefensible, storm sewer system, or a municipal com- perjury because he will not admit to it. How and his obfuscation of facts has been ``mad- bined sewer overflow (including a control fa- does this square with the rule of law? dening.'' It would be entirely appropriate, I be- cility) or other wet weather control facility) I believe that it is the duty of the courts lieve, for either or both bodies of Congress to permit term, condition, or limitation shall under which the President was required to strongly rebuke the President for his conduct be in accordance with such subparagraphs. provide sworn testimony to review the state- and his lack of judgment. ‘‘(2) RESPONDING TO TEST FAILURES.—If a It is regrettable that the leadership of the permit issued under this section contains ments and to make a prompt determination as terms, conditions, or limitations requiring to which of the charges of perjury is sustain- majority party, in the face of overwhelming biological monitoring or whole effluent tox- able. public sentiment not to impeachÐand in defi- icity testing designed to meet criteria for bi- What if the Courts refuse to charge the ance of a fair number of its own party who ological monitoring or whole effluent tox- President of the crime of perjury as some have said that impeachment is not the appro- icity, the permit may establish procedures commentators suggest? If he is driven out of priate courseÐhas seemingly chosen to politi- for further analysis, identification evalua- office before the Court makes this finding, how cize this most serious matter. There is reason tion, or reduction evaluation of such tox- will this House remedy this ultimate penalty? to believe that enormous pressure has been icity. The permit shall allow the permittee exerted on rank and file members of the ma- to discontinue such procedures, subject to To vote for these Articles of Impeachment is future reinitiation of such procedures upon a to vote to remove the President from office jority party to support impeachment. The Re- showing by the permitting authority of without any of us knowing what exactly he tes- publican leadership has compounded the situ- changed conditions, if the source of such tox- tified to under oath amounted to perjury. At ation by refusing to allow for a vote on the icity cannot, after thorough investigation, the minimum this must be elaborated in the motion to censure the PresidentÐsomething be identified. Articles of Impeachment so that the Public and that again its own members have said should ‘‘(3) TEST FAILURE NOT A VIOLATION.—The the Senate may know what the specific be permitted. Leading members of the majority failure of a biological monitoring test or a charges are and so that the President may de- would have us believe they are acting out of whole effluent toxicity test at a publicly fend himself. conscience. Yet they would deny other mem- owned treatment works, a municipal sepa- rate storm sewer system, or a municipal When I vote against these Articles of Im- bers that same right. This sets the stage for combined sewer overflow (including a con- peachment, I will do so because I cannot bitter and needlessly divisive recriminations in trol facility) or other wet weather control fa- allow this House to avoid its Constitutional the months ahead as the 106th Congress be- cility shall not result in a finding of a viola- duty to enumerate its allegations of perjury be- gins to confront the issues on our national tion under this Act.’’. fore recommending impeachment. agenda. CONGRESSIONAL RECORD — Extensions of Remarks E57 This country and its citizens will pay the HINDU NATIONALISTS DESTROY Mr. Speaker, I would like to introduce Press price for such a course. While the President CHRISTIAN CHURCHES IN ‘‘SECU- reports on the attacks on Christian religious in- must bear responsibility for his role in allowing LAR’’ INDIA stitutions into the RECORD. this scenario to develop, we cannot undo the [From the Washington Post, January 3, 1999] past, and the Republican party must bear re- HON. EDOLPHUS TOWNS HINDUS BLAMED FOR ATTACKS ON CHRISTIANS sponsibility for prolonging a situation that most OF NEW YORK NEW DELHI.—India’s main opposition Con- American rightfully want to be brought to a IN THE HOUSE OF REPRESENTATIVES gress party said a wave of attacks on Chris- Wednesday, January 6, 1999 tians appeared to be a campaign by Hindu close. right-wing groups to whip up conflict. The accusations against the President are Mr. TOWNS. Mr. Speaker, I was disturbed Police detained 45 Hindus Friday in con- by recent reports that several Christian nection with torching a Catholic prayer hall serious. So too are the consequences of sub- churches, prayer halls, and religious missions by mobs Wednesday. Four nuns and two jecting the nation to a Senate tribunal. To have recently been destroyed by Hindu ex- priests were injured in the 10th reported at- those who argue that the President should not tremists affiliated with the Vishwa Hindu tack against Christians since Christmas. No one has claimed responsibility for the be treated differently than others accused of Parishad (VHP), a militant Hindu organization. similar misdeeds, let them be reminded that attacks in the western state of Gujarat, but The Bharatiya Janata Party (BJP), the party Congress and Christian activists blame the President would still be subject to prosecu- that leads the governing coalition, is also part Hindu right-wing activists, including the tion once out of office. It should be noted of the VHP. Vishwa Hindu Parishad—World Hindu Coun- there is a large body of opinion that the state- The violence forced many Christian con- cil—and its affiliate, Bajrang Dal. Christians ments in question made under oath by the gregations to cancel New Year's celebrations make up 2.3 percent of the 960 million people in politically secular India. More than 80 per- President are not generally pursued criminally for fear of offending the Hindu militants, which could lead to further violence. Is this the secu- cent of the population are Hindus. given the context in which they were made. larism that India boasts about? Clearly, there However, the history of Ken Starr's relentless [From the Washington Post, December 31, is no religious freedom for these Christians in 1998] pursuit of William Clinton suggest that the India. INDIAN CHRISTIANS CANCEL NEW YEAR President might stand little chance of receiving Unfortunately, these are just the latest inci- SERVICES an objective analysis on the question of dents of violence against Christians in India. MULCHAND, INDIAN.—Christian congrega- whether or not to prosecute. Four nuns were raped last year by a Hindu tions in western India are canceling New The world may askÐhow did it come to gang. The VHP described the rapists as ``pa- Year prayer services this year, fearful of pro- triotic youth'' and called the nuns ``antinational this? The answer may well rest in a combina- voking more violence from radical Hindus elements.'' To be Christian in secular India is who already have destroyed a dozen church- tion of factorsÐblatant partisanship, unreason- to be an antinational element! At least three es. The violence has put the governing ably strong personal animosity toward the priests were killed in 1997 and 1998, and in Bharatiya Janata Party (BJP) in the awk- President, a righteousness by those who ap- 1997 police opened fire on a Christian festival ward position of needing to protect India’s pear to have lost any capacity for forgiveness, that was promoting the theme ``Jesus is the Christian minority from groups affiliated with the Hindu nationalist party. Since Fri- and a total disregard for the larger issues at Answer.'' day, mobs armed with axes, iron bars, ham- stake. Apparently, the Hindu Nationalists are afraid mers and stones have attacked 18 churches, that the Dalits, or ``Untouchables'', the aborigi- prayer halls or Christian schools. There are those who may truly believe that nal people of South Asia who are at the bot- f the facts do, in fact, require impeachment. tom of the caste structure, are switching to However the process by which any such de- other religions, primarily Christianity, thus im- GENETIC INFORMATION NON- termination might have been made was deeply proving their status. This undermines the DISCRIMINATION IN HEALTH IN- flawed and strained credulity. House Judiciary caste structure which is the foundation of the SURANCE ACT OF 1999 Committee Chairman HENRY HYDE said at the Hindu social structure. outset that successful impeachment would re- The Indian government has killed more than HON. LOUISE M. SLAUGHTER 200,000 Christians since 1947 and the Chris- quire bipartisanship. By that standard alone, OF NEW YORK tians of Nagaland, in the eastern part of India, the results are a failure. Unfortunately, the IN THE HOUSE OF REPRESENTATIVES are involved in one of 17 freedom movements House Judiciary Committee chose to follow within India's borders. But the Christians are Wednesday, January 6, 1999 the lead of so-called Independent Counsel not the only ones oppressed for their religion. Ms. SLAUGHTER. Mr. Speaker, I am proud Ken Starr, and utterly failed to develop any India has murdered more than 250,000 to introduce today H.R. 306, the Genetic Infor- facts of its own that would bear on the allega- Sikhs since 1984 and over 60,000 Muslims in mation Nondiscrimination in Health Insurance tions. The Committee made a mockery of the Kashmir since 1988, as well as many thou- Act of 1999. responsibilities that come with consideration of sands of other people. The holest shrine in the Over the past few years, genetic discoveries impeachment and debased the Constitutional Sikh religion, the Golden Temple in Amritsar, have proceeded at a pace undreamt of less criteria by which impeachment is justified. is still under occupation by plainclothes police, than a decade ago. Genes have been identi- some 14 years after India's brutal military at- fied that are linked to common disorders like From the outset, I opposed the process pur- tack on the Golden Temple. The previous colon cancer, heart disease, and breast can- sued by the Committee. As members of the Jathedar of the Akal Takht, Gurdev Singh cer. Doctors and researchers are moving rap- Committee noted, the majority proceeded from Kaunke, was killed in police custody by being idly to develop gene therapies and specialized allegations to a conclusion, ignoring fact-find- torn in half. The police disposed of his body. drugs that attack only cells carrying damaged ing or rational inquiry. In short, the process He had been tortured before the Indian gov- DNA. was unfair. By denying the House the oppor- ernment decided to kill him. A tiny sample of blood, tissue, or hair can tunity to vote on censure, and by introducing The Babri mosque, the most sacred Muslim now reveal the most intimate secrets of an in- raw partisanship into a vote of conscience, the shrine in the state of Uttar Pradesh, was de- dividual's present and future health. While this stroyed by the Hindu militants who advocate information holds tremendous promise for cur- majority has compounded that unfairness. At- building a Hindu temple on the site. Yet India ing disease and alleviating human suffering, it tempts to inflict the maximum amount of pain proudly boasts that it is a religiously tolerant, also carries an equal potential for abuse. on the President by insisting on impeach- secular democracy. As a result, I am reintroducing the Genetic mentÐthe ultimate ``scarlet letter'' as Mr. This kind of religious oppression does not Information Nondiscrimination in Health Insur- MCCOLLUM put itÐrisks putting this country deserve American support. We should take ance Act. This vital legislation would prevent through an experience it need not endure. In tough measures to ensure that India learns to health insurers from denying, canceling, refus- view of the strong reasons not to impeach, respect basic human rights. All U.S. aid to ing to renew, or changing the terms, pre- and the strong public sentiments against such India should be cut off and we should openly miums, or conditions of coverage on the basis action, the partisan march toward impeach- declare U.S. support for self-determination for of genetic information. It would prohibit insur- ment is truly regretful. all the peoples of the subcontinent. By these ance companies from requesting or requiring measures we can help bring religious freedom that a person reveal genetic information. Fi- and basic human rights to Christians, Sikhs, nally, it would protect the privacy of genetic in- Muslims, and everyone else in South Asia. formation by requiring that an insurer obtain E58 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 prior, written consent from an individual before meetings here in Washington and visit the dis- nian people of Kosovo. How many mistakes revealing his or her genetic information to a tricts of Congressional Members. and tragedies must the Albanian people bear third party. The Congress-Bundestag exchange is high- before the United States realizes that it is being exploited by Slobodan Milosevic as a Since it was first introduced in 1995, support ly regarded in Germany and is one of several convenient tool of Slavic expansionism, at for my legislation has grown steadily. At the exchange programs sponsored by public and the expense of the Albanian people? end of the 105th Congress, the Genetic Infor- private institutions in the United States and The first major mistake occurred in 1990, mation Nondiscrimination in Health Insurance Germany to foster better understanding of the when Secretary of State James Baker gave Act had 210 bipartisan cosponsors in the politics and policies of both countries. The on- Slobodan Milosevic the green light to con- House and 25 in the Senate. It had also going situation in the Persian Gulf, the expan- solidate his power by stating that the goal of the United States was to keep Yugoslavia to- gained the endorsement of over 125 health-re- sion of NATO, the proposed expansion of the gether at all costs. Milosevic responded by lated organizations, ranging from advocacy European Union, and the introduction of the waging war first in Slovenia in 1990, then in groups like the National Breast Cancer Coali- Euro will make this year's exchange particu- Croatia in 1991, and finally in Bosnia in 1992. tion and the March of Dimes to health profes- larly relevant. (His brutal military occupation of Kosovo in sional organizations like the American Medical The U.S. delegation should consist of expe- 1989 continues unabated to this day.) In 1995, Association and the American Nurses Asso- rienced and accomplished Hill staff members Richard Holbrooke authored the Dayton Ac- ciation. Religious organizations, health infor- who can contribute to the success of the ex- cords, in which a fault-ridden peace was de- clared in Bosnia after negotiations that ex- mation managers, and consumer protection change on both sides of the Atlantic. The Bun- cluded the third largest ethnic group in the groups joined the fight. destag sends senior staff professionals to the former Yugoslavia—the Albanians. Then, in In May 1998, the Senate Labor and Human United States. February 1998, U.S. Special Envoy to Kosovo Resources Committee under Chairman JIM Applicants should have a demonstrable in- Robert Gelbard mistakenly declared the JEFFORDS held a groundbreaking hearing on terest in events in Europe. Applicants need Kosovo Liberation Army a ‘‘terrorist’’ group, genetic discrimination in health insurance. Un- not be working in the field of foreign affairs, al- giving Milosevic the signal he needed to fortunately, efforts to move this legislation to though such a background can be helpful. The openly wage a one-sided war against the Al- the Senate floor became bogged down in the composite U.S. delegation should exhibit a banian people of Kosovo. This led to mas- sacres of unarmed and defenseless civilians debate over managed care reform. Neverthe- range of expertise in issues of mutual concern in Drenice and Dukagjin, leaving over 2,000 less, genetic nondiscrimination language was in Germany and the United States such as, dead, 1,000 missing, and 300,000 displaced. included in some versions of managed care but not limited to, trade, security, the environ- In September 1998, in response to the pub- reform legislationÐan important step toward ment, immigration, economic development, lic outcries around the world about the bru- recognizing the urgent need to ban genetic health care, and other social policy issues. tality of the Serbian military campaign discrimination in health insurance. In addition, U.S. participants are expected to against a civilian population, the United States promoted the threat of air strikes Mr. Speaker, I am very hopeful that 1999 help plan and implement the program for the against Serbia. But, true to form, Holbrooke will be the year when Congress finally fulfills Bundestag staff members when they visit the crafted an agreement that enabled Milosevic its duty to ensure that our nation's social pol- United States. Participants are expected to as- to avert the use of force against him and at icy keeps pace with scientific advances. sist in planning topical meetings in Washing- every step accepted more of his false prom- Today, too many Americans are denying ton, and are encouraged to host one or two ises. One must ask why our State Depart- themselves access to information vital to their Bundestag staffers in their Member's district in ment is allowing a chauvinistic and dictato- healthÐtheir genetic informationÐsimply be- July, or to arrange for such a visit to another rial pan-Slavic Orthodox regime, with direct cause they are afraid their insurers will learn Member's district. links to ultranationalists in Russia, to emerge in the Balkans? this information and use it against them. Participants will be selected by a committee The so-called cease-fire of recent weeks We must put an end to this unconscionable composed of U.S. Information Agency person- never really took place. The Serbs began to Hobson's choice. Congress should ban ge- nel and past participants of the exchange. move their troops out of Kosovo in October, netic discrimination in health insurance. I look Senators and Representatives who would but then they moved right back. Albanians forward to working with Members from both like a member of their staff to apply for partici- insist that the brutal and criminal Serbian parties to protect all of our constituents pation in this year's program should direct paramilitary forces staged the killing of six Serbian civilians in Peja this month in order against this practice. The American people de- them to submit a resume and cover letter in to justify the continuation of Milosevic’s serve no less. which they state why they believe they are ethnic cleansing in Kosovo. (The Kosovo Lib- f qualified and some assurances of their ability eration Army was quick to condemn the to participate during the time stated. Applica- killings of the Serbian civilians.) ANNOUNCEMENT OF THE 1999 CON- tions may be sent to Connie Veillette at 2309 The events in Podujeva on December 24, in GRESS-BUNDESTAG/BUNDESRAT Rayburn Building by noon on Friday, March which the Serbian military attacked five vil- STAFF EXCHANGE 12. lages, killed twelve Albanian civilians, and caused the flight of thousands of others leave f HON. RALPH REGULA no question about Milosevic’s real intentions STATEMENT BY ALBANIAN AMER- to continue the ‘‘ethnic cleansing’’ of the Al- OF OHIO banian majority of Kosovo. The Western re- ICAN CIVIC LEAGUE REGARDING IN THE HOUSE OF REPRESENTATIVES sponse to these events also leaves no ques- SITUATION IN KOSOVO tion about our role in the Balkan conflict— Wednesday, January 6, 1999 that we never had any intention of stopping Mr. REGULA. Mr. Speaker, since 1983, the HON. BENJAMIN A. GILMAN Milosevic from using illegal and inhuman methods to destroy the right of Albanians to U.S. Congress and the German legislature OF NEW YORK have conducted an annual exchange program freedom, democracy, and self-determination. IN THE HOUSE OF REPRESENTATIVES For the past three weeks, our policy mak- for staff members from both countries. The Wednesday, January 6, 1999 ers and the press have once again attempted program gives professional staff the oppor- to create a false parity between the Serbian tunity to observe and learn about each other's Mr. GILMAN. Mr. Speaker, I would like to military and the Kosovo Liberation Army, political institutions and convey Members' call the attention of the members of Congress and to cast blame on the KLA for breaking views on issues of mutual concern. to the following statement by the Albanian the socalled cease-fire. They have promoted A staff delegation from the United States American Civil League regarding the current Serbia’s false statements to the press, in- Congress will be selected to visit Germany situation in Kosovo. It represents the views of cluding listing names of people supposedly arrested and imprisoned by the KLA but May 22 to June 5 of this year. During the 2- a significant number of Albanian Americans, who, according to reliable Albanian sources, week exchange, the delegation will attend and I believe is of interest in view of the dete- do not even exist. Meanwhile 2,000 Albanians meetings with Bundestag members, Bundes- riorating situation in Kosovo: are being held and brutally tortured in bar- tag party staff members, and representatives STATEMENT BY THE ALBANIAN AMERICAN CIVIC baric Serbian jails. And while this informa- of numerous political, business, academic, and LEAGUE tion goes unreported, unconfirmed reports of atrocities committed by the KLA against in- media agencies. Cultural activities and a INDEPENDENCE FOR KOSOVO IS THE ONLY WAY weekend visit in a Bundestag Member's dis- nocent Serbs living in Kosovo are publicized TO STOP MILOSEVIC’S WAR widely, even though the KLA has repeatedly trict will complete the schedule. Recent events in Kosovo only confirm the stated its policy against killing civilians. A comparable delegation of German staff Albanian American Civic League’s prior as- As the misrepresentation of the conflict members will visit the United States for 3 sessment that the Milosevic-Holbrooke continues apace, so do the ‘‘diplomatic’’ ini- weeks this summer. They will attend similar agreement is a death sentence for the Alba- tiatives designed to sell out the Albanian CONGRESSIONAL RECORD — Extensions of Remarks E59 people of Kosovo. The French government the person may no longer live in Puerto Rico. The original purpose of CRA was to encour- for example, has been working behind the This could not have been the intent of the law, age banks to loan into the communities in scenes to persuade Ibrahim Rugova, the lead- as the other 50 states and the District of Co- which they maintained deposit taking facilities. er of the Democratic League of Kosovo, to believe that he can find a solution to the lumbia may not tax government pensions. It is In addition, the 95th Congress, which passed Balkan conflict with Milosevic. Following a simply a glitch that is easily remedied. CRA, was concerned about redlining, the recent trip to France, Rugova made a public As we did the first time, Mr. Speaker, we practice of denying loans in certain neighbor- statement that Milosevic ‘‘was elected by are again discussing an issue of fairness. Why hoods based on racial or ethnic characteris- the Serbian people in a legitimate way,’’ and should former state employees around the tics. The enforcement mechanism chosen was that he is the ‘‘only legitimate person’’ with country escape the source tax on their pen- to have CRA performance taken into account whom he can negotiate. More astonishing sions and not the former employees of the when regulators were deciding on applications still, Rugova stated that institutions in Commonwealth of Puerto Rico? The answer is by the banks. Kosovo that he controls ‘‘would do the ut- that there is no reason for it. It is taxation with- When CRA passed in 1977, the Senate re- most to persuade the UCK extremists to stop their provocations and attacks on Serbian out representation for former employees of the port stated that no new paperwork would be security forces.’’ Incredibly, this is tanta- Commonwealth of Puerto Rico. A simple required under the new law. It was believed mount to Rugova giving another green light sense of fairness dictates that we need to that examiners had all the information they to Milosevic to continue his reign of terror make this change in the law to repeal the needed on hand from call reports and their ex- and murder against the Albanian people of source tax in the way it was meant to be re- amination reports to enforce CRA. This is not Kosovo. Are we to assume that some forces pealed. I urge my colleagues to support the the case. Instead of relying on existing infor- inside LDK are being supported by the West Puerto Rican Source Tax Fairness Act. mation, regulators have created expansive to try to eliminate the KLA, and that they f new reporting requirements resulting in are willing to do so in order to retain their mounds of additional paperwork and many political control of Kosovo under any cir- SOUTH BRONX MENTAL HEALTH cumstances? wasted hours that could have been used to COUNCIL, INC. EIGHTH PATIENT serve the community. There has been great concern among West- RECOGNITION AND EMPOWER- ern diplomats that war has broken out again CRA's enforcement mechanism has gone in Kosovo, well before the spring thaw. But, MENT DAY completely haywire. It has become what many it should now be clear to all that as long as refer to as regulatory extortion. By holding up the Milosevic regime remains in power, the HON. JOSE´ E. SERRANO applications on the basis of CRA protests, war will continue. To stop the war, NATO OF NEW YORK some community groups hope to get sizable forces led by the United States must be mo- IN THE HOUSE OF REPRESENTATIVES grants or other contracts from banks. This bilized to wage air strikes against Serbian military targets in Kosovo and Serbia. But, Wednesday, January 6, 1999 happens all too often. Recently, the Clinton administration has linked the enforcement of ultimately, the only way to peace and stabil- Mr. SERRANO. Mr. Speaker, I rise today to CRA with other fair lending statutes. This has ity in the Balkans is to allow the Albanian once again pay tribute to the South Bronx people the right to declare their independ- placed the Justice Department in the position Mental Health Council, Inc., which will cele- ence under international law, just as we al- of being an additional bank regulator. This brate its eight annual ``patient Recognition and lowed the Slovenes, Croatians, Macedonians, new bank regulator caught the lending indus- empowerment Day.'' and Bosnians after the demise of the former try off guard by using the disparate impact test Yugoslavia. Created in 1968 as Lincoln Community Mental Health Center, the South Bronx Mental for proving discrimination. Disparate impact is f Health Council, Inc. is a community-based or- a controversial theory for proving discrimina- tion in employment law using only statistical THE PUERTO RICAN SOURCE TAX ganization which provides treatment and men- data. Using this scenario, a lender can be FAIRNESS ACT tal health services to the local population and to area schools and senior centers. It is com- found to have discriminated without some ele- ment of intent or without proving that any HON. BILL McCOLLUM mitted to helping empower its patients and their families through the rehabilitation of pa- harm resulted from a lending practice. OF FLORIDA This legislation remedies these problems tients and their reintegration in their commu- while ensuring that lenders reinvest in the IN THE HOUSE OF REPRESENTATIVES nities. Wednesday, January 6, 1999 All of us, I am sure, have known someone communities in which they serve. First, it re- places the current system of enforcement and Mr. McCOLLUM. Mr. Speaker, I rise today who, whether we were aware of it or not, struggled with some form of mental illness. graded written evaluations with a public disclo- in support of the Puerto Rican Source Tax sure requirement. This will dramatically reduce Fairness Act, a bill to clarify that retirement in- Tragically, a suicide or other crisis is too often our firstÐand onlyÐindication of the individ- unnecessary paperwork and end the extortion- come from pension plans of the government of like nature of the current enforcement mecha- the Commonwealth of Puerto Rico shall be ex- ual's suffering. While it is important, and appropriate, to nism. empt from nonresident taxation in the same This approach allows bank customers to de- manner as state pension plans. This may recognize the care givers who provide these services, it is even more important that those cide whether the bank is doing an adequate sound complicated, but it is not. job in meeting its community obligations; not The 104th Congress passed important legis- individuals who have made special efforts to overcome their challenges also receive our at- bureaucrats in Washington or organized com- lation banning the so-called ``source tax.'' The munity groups. If not, consumers can take source tax was a state tax placed on pension tention and support. Mr. Speaker, I ask my colleagues to join me their business elsewhere. earnings of a nonresident for the portion of the This will not end the congressional require- in saluting our friends at the South Bronx pension that was earned while the worker was ment that banks invest in their community. Nor Mental Health Council, who on Friday, Janu- a resident of a state. If a person lives in New will it stop organized groups from being in- ary 29, will celebrate the eighth annual Patient York and works for 25 years, builds a pension volved. They will have the enforcement from Recognition and Empowerment Day. and then moves to Florida, New York had the the public disclosure on the bank's intentions f opportunity to tax that pension income. That is and performance. They can raise any con- no longer the case. CREDIT OPPORTUNITY cerns with the bank or the regulators at any The issue at the time was one of fairness. AMENDMENTS ACT time. Consumers and the groups representing This country was born under the cry ``no tax- their interests can make their concerns known ation without representation.'' The source tax HON. BILL McCOLLUM without having the extraordinary authority to allowed a state to tax a person where he or OF FLORIDA hold up mergers and other obligations. she had no representation. Hence, the 104th The second change in this bill makes the IN THE HOUSE OF REPRESENTATIVES Congress took action to remedy the situation. practice of redlining a violation of the Equal Unfortunately, there is a glitch in the law. As Wednesday, January 6, 1999 Credit Opportunity Act and the Fair House Act. written, the law prohibits source taxes on gov- Mr. MCCOLLUM. Mr. Speaker, today I rise Redlining will be defined as failing to make a ernmental retirement plans. However, the to reintroduce the Credit Opportunity Amend- loan based on the characteristics of the neigh- cross referenced section does not include the ments Act which will fundamentally reform the borhood where the house or business is lo- government of Puerto Rico in its definition. So, Community Reinvestment Act [CRA] of 1977, cated. Currently no prohibition against redlin- Puerto Rico may still tax the governmental and clarify the enforcement of our fair lending ing in fair housing or fair lending exists, how- pensions earned in Puerto Rico even though laws. ever, courts have interpreted these statutes to E60 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 prohibit redlining. By placing a prohibition on Between 1954 and 1955 when the self-gov- wasted hours that could have been used to redlining in statute, we will be sending a clear erning nature of the BBR had been all but lost serve the community. message that we are opposed to discrimina- and less than a hundred citizens frequented This paperwork and regulatory burden can tion in lending in all forms, whether based on the ``City Hall'' building, then at 290 East Third create even larger problems for smaller banks an individual's race, gender, age, sex, or Street, Ralph took on the responsibility of un- which cannot absorb the costs of compliance makeup of neighborhood where the individual paid supervisor, working late afternoons and without passing them on to consumers. This lives or works. nights while still at the paper company. With bill is geared to reduce the cost of credit to This will also clarify that the method chosen the help and support of Rose (who took on consumers by allowing smaller banks with a to enforce our antidiscrimination laws is clear administrative and bookkeeping duties during track record of reinvesting in their communities and resides in the fair housing and lending the daytime), the couple paid off some long to be released from some of the regulatory red laws. No longer will regulators be forced to overdue vendor bills, and began the task of tape. confront laws to attempt to address problems steering the organization out of debt. If a bank with assets under $500,000,000 is that the laws are inadequate for the purpose. Rose was born on the Lower East Side, and not in violation of section 701(a) of the Equal Third, the Credit Opportunity Amendment she attended public School 131, Junior High Credit Opportunity Act and has not received a Act adds two criteria to the current use of the School 188 and graduated from Washington rating of ``needs to improve'' or ``substantial disparate impact theory. First, is requires regu- Irving High School at age 15. She received noncompliance'' in its most recent evaluation, lators show actual proof that the lender dis- many honors while in school and the one she the bank would undergo a modified CRA eval- criminated and that the discrimination caused is most proud of is the citywide arithmetic uation. The bank would need to maintain inter- harm to the victim. Second, this legislation re- medal which she won at J.H.S. 188. However, nal policies to help meet the needs of its local quires the party bringing suit to prove the for financial reasons, it was impossible for her community consistent with the safe and sound lender intended to discriminate when making to attend college. She went to work as a operation of a bank and make a record of its its lending criteria. switchboard operator and bookkeeper to help reinvestment efforts available for public in- Finally, by designating a lead regulator to support her family. spection. The appropriate regulator, when enforce our fair lending and community rein- Ralph Hittman has had a lifelong affiliation checking for CRA compliance, would then use vestment statutes, we will have more even- with Boys Brotherhood Republic of New York, existing business documents for its review. handed enforcement of these laws. In turn, having participated in its programs as a boy. The bill would exempt small town banks of banks will be in a better position to know how During his forty-three years as executive direc- less then $100,000 from CRA evaluation alto- to comply with them. Currently, confusion is tor, Mr. Hittman oversaw the relocation and re- gether since, in order to survive, such banks the most prevailing reaction to the enforce- organization of Camp Wabenaki, the planning have to meet the credit needs of their commu- ment of CRA over the last 15 yeas and fair and construction of a new BBR City Hall at nities without government bureaucracy in- lending more recently. 888 East Sixth Street, and the expansion of volvement. The current bill makes substantial reforms to program services. Rose Hittman had a critical Finally, the bill would specify that a bank CRA which I strongly support. By enacting this role in each of these accomplishments. Since shall not have an application to a regulator de- legislation, we make a bold step to eliminate 1956, the Hittmans have lived on-site with the nied if such bank has received an ``outstand- credit allocations in the guise of CRA and ra- children at Camp Wabenaki during the sum- ing'' or ``satisfactory'' rating within the past 24 tionalize our regulation of the banking industry. mer months. months unless the bank's compliance has ma- At the same time, we make it absolutely clear Over the years, Ralph and Rose Hittman terially deteriorated since such evaluation. that redlining is unacceptable and is against have guided and nurtured tens of thousands Mr. Speaker, I believe this is a prudent step the law. Therefore, Mr. Speaker, I urge my of youngsters on the Lower East Side. This is in reducing unnecessary government bureauc- colleagues to support my legislation in the ultimately the highest testament to their unsur- racy. Furthermore, by reducing the cost fed- 106th Congress. passed efforts. eral regulation, we can help lower the cost of f Ralph and Rose Hittman are the proud par- credit to consumers. It is my hope that my col- TRIBUTE TO RALPH AND ROSE ents of three sons, Michael, Jeffrey, and Ste- leagues will support this reform. HITTMAN phen. f Mr. Speaker, I ask my colleagues to join me HON. JOSE´ E. SERRANO in commending and congratulating Ralph and RETIREE VISA ACT OF 1999 OF NEW YORK Rose Hittman for their outstanding contribu- IN THE HOUSE OF REPRESENTATIVES tions to the community and in wishing them HON. BILL McCOLLUM continued success. OF FLORIDA Wednesday, January 6, 1999 f IN THE HOUSE OF REPRESENTATIVES Mr. SERRANO. Mr. Speaker, I rise today to Wednesday, January 6, 1999 pay tribute to the First Couple of Boys Broth- COMMUNITY REINVESTMENT erhood Republic, Ralph and Rose Hittman, IMPROVEMENT ACT Mr. MCCOLLUM. Mr. Speaker, today I am two outstanding individuals who have dedi- introducing legislation to create a 4-year non- cated their lives to public service. They will be HON. BILL McCOLLUM immigrant visa to allow various people to honored on January 9 by parents, family, OF FLORIDA spend some of their retirement years in the friends, and professionals for their outstanding IN THE HOUSE OF REPRESENTATIVES United States. This legislation is meant to contributions to the community. I have known make it easier for individuals who already Wednesday, January 6, 1999 them personally for many years, and I am very enjoy the ability to spend time in the U.S. to familiar with their background, experience, Mr. MCCOLLUM. Mr. Speaker, today I rise have a 4-year non-immigrant visa to allow character, and personality. They are two peo- to reintroduce the Community Revinestment them to spend larger periods of time here. ple of enormous commitment. Improvement Act of 1999. Currently, Canadians may stay continuously An active citizen and police captain at the The original purpose of CRA was to encour- in the United States for 6 months each year Boys Brotherhood Republic (BBR) in the age banks to loan into the communities in without a passport or visa. Visitors from coun- 1930s, Ralph Hittman grew up on East Sixth which they maintained deposit taking facilities. tries participating in the Visa Waiver Pilot Pro- Street just west of the present-day BBR ``City The enforcement mechanism chosen was to gram (VWPP) can stay in the U.S. continu- Hall'' at Avenue D. While a BBR citizen, Ralph have CRA performance taken into account ously for a 90-day period without a visa. Since was introduced to Rose Bader, whose parents when regulators were deciding on applications this visa is only intended for retirees, appli- owned a candy store just a block away, at a by the banks. When CRA passed in 1977, the cants would have to be at least 55 years of Dance at the Christodora's House by Rose's Senate report stated that no new paperwork age to qualify. cousin, who was also a BBR boy. They mar- would be required under the new law. It was The fact that these individuals can, in some ried in December 1939. believed that examiners had all the information ways, already spend some of their retirement Mr. Speaker, during World War II, Mr. they needed on hand from call reports and in the U.S. reinforces the fact that this legisla- Hittman served as a noncommissioned officer their examination reports to enforce CRA. This tion is merely meant to reduce some of the in the Marine Corps, and both before and after is not the case. Instead of relying on existing procedural hurdles which currently deter for- the war he was associated with a West Sev- information, regulators have created expansive eign retirees from spending additional time enteenth Street paper company, initially as new reporting requirements resulting in here. For example, many German citizens use sales manager then general manager. mounds of additional paperwork and many the Visa Waiver Pilot Program to come to CONGRESSIONAL RECORD — Extensions of Remarks E61

Florida for 90 days at a time. Many of these I urge my colleagues to support this pro- be joined by my colleagues, Mr. FRANK of individuals would like to spend more than 90 posal. Massachusetts and Mr. PICKETT of Virginia. days in the U.S. but are scrupulous about not f It was brought to my attention that individual overstaying their visit. These foreign retirees schools which participate in informal programs leave the U.S. within 90 days, spend some REFORMING PRESIDENTIAL to allow foreign exchange students to attend time in their country and then come back to DEBATES school in the U.S. are required to charge the United States for another 90 days. Many these same students tuition. The F±1 visa is of these individuals may end up spending a HON. BILL McCOLLUM for students who seek to enter the U.S. tem- large amount of time in the U.S. using the OF FLORIDA porarily and solely to pursue a course of VWPP but they can do so only by constantly IN THE HOUSE OF REPRESENTATIVES study. Under existing law, even if the school going back and forth from their country to the and the local school district do not want to Wednesday, January 6, 1999 United States. Of course, foreign citizens also charge the student for accepting an invitation use the B±2 visitors visa to spend time for Mr. MCCOLLUM. Mr. Speaker, today I am to study in the U.S., the student will not be pleasure in the U.S. Again, the use of the B± introducing the Presidential Debate Reform able to receive an F±1 visa without paying the 2 visa requires the holder to return to their Act. The situation surrounding the 1996 Presi- fee. In some cases, the school, which other- home after a relatively short period of time be- dential election has highlighted some flaws in wise would welcome a foreign exchange stu- fore coming back to the U.S. our current method for selecting a President dent, may be deterred from allowing them to The 4-year visa period proposed in the leg- and Vice President of the United States of attend due to the administrative burden of ad- islation is intended to reduce the need for for- America. One critical flaw involves the way ministering the fee. In other cases, American eign retirees to frequently travel back and forth Presidential debates are scheduled. schools entering into informal sister-school ex- from the U.S. to their home country in order to My legislation would create the framework changes with a foreign school may find that comply with U.S. immigration requirements. At for deciding the participants and structure of they are forced to charge the foreign student the same time, a 4-year period would ensure Presidential debates. This framework would in- tuition while the American student is attending that retirees making use of this visa do go clude a commission of three people nominated home periodically to renew their status by their sister-school for free. by the President. The President would nomi- This tuition requirement does not apply to demonstrating that they meet the requirements nate one person from a list submitted by the outlined in this proposal, such as residence in foreign students who come to the U.S. to Republican National Committee, one person study in a program designated by the Director a foreign country which the alien has no inten- from a list submitted by the Democratic Na- tion of abandoning. The visa would be renew- of the United States Information Agency tional Committee, and one person who is un- (USIA). These students receive a J visa and able as long as the application was filed from affiliated submitted jointly by the RNC and the the retiree's country of citizenship. are not required to reimburse the school for DNC. These commissioners would then Mr. Speaker, there are clearly important the cost of their attendance. On the other schedule several debates. practical and policy distinctions between long- hand, foreign exchange students in the U.S. One such debate would be optional and in- term nonimmigrants and permanent residents under an F±1 visa are usually attending holding green cards. This legislation does not clude any Presidential candidate who is on the school under informal arrangements, with a aim to change that. For example, an important ballot in 50 states or polls at 5 percent in pop- teacher or parent having invited them to spend distinction between these nonimmigrant for- ular polls among likely voters. This could in- time in the U.S. as a gesture of American hos- eign retirees and permanent residents is that clude major party candidates, although it pitality and goodwill. Some schools participate the amount of time they spend in the United would provide a forum for lesser known can- in informal sister-school exchanges where one States would not accrue for naturalization pur- didates to express their views. of their students will go abroad and the school poses. Also, a green card confers important The commission would then establish de- in turn will sponsor a foreign student here. Al- benefits on permanent residents, such as the bates for Vice Presidential and Presidential though these are informal, flexible, private ar- ability to engage in employment or receive candidates of the two major parties and any- rangements between schools and students government aid, which would not be available one polling over 5 percent in polls taken after that are not designated by the USIA, they are to a nonimmigrant under this legislation. This the optional debate. The penalty for a can- no less valuable in developing goodwill and bill would not provide work authorization or eli- didate choosing not to participate in the de- greater understanding among people of dif- gibility for any Federal means-tested pro- bates would be a reduction in the amount of ferent nations. In many cases, it simply does grams. Instead, these nonimmigrants would be Federal funds that candidate's party will re- not make sense to charge tuition to foreign ex- required to own a residence in the United ceive to run the next convention. The reduc- change students simply because they have an States, maintain health coverage, and receive tion would be equal to the fraction of ``manda- F±1 visa rather than a J visa. income at least twice the Federal poverty tory'' debates missed. I cannot imagine that a The legislation I am introducing today will level. party would want to miss out on $3 million, give schools the ability to have the Attorney In its simplest terms, this visa would serve which is approximately the amount that would General waive the F±1 visa tuition fee require- as a much needed mechanism in which for- be lost by missing one debate, based on the ment. Schools that certify that the waiver will eign retirees would have the opportunity to cost of the 1996 conventions. promote the educational interest of the local comfortably reside in the United States. Let This has nothing to do with whether I think educational agency and will not impose an me give you an example of how this will work certain people should or should not participate undue financial burden on the agency will be by using August and Gerda Welz as an exam- in debates. However, I do believe that we able to allow foreign exchange students to at- ple. August and Gerda Welz have spent more need to have an established framework with tend without charging a fee. on the other than $380,000 in the United States since tak- defined ground rules to ensure fairness in the hand, schools that do not want to waive the ing up a residence in Palm Coast, Florida system. fee will still be able to collect it. This legislation three years ago. Native Germans, the Welz's Mr. Speaker, I believe this is a good bill and will simply give schools added flexibility to saw Florida as an ideal place to spend their I look forward to pursuing this as the 2000 sponsor foreign exchange students without retirement years, with its pleasant climate and election heats up. I urge my colleagues to re- limiting the right of schools to collect needed sound economy. They own a home, pay taxes view this legislation and support its passage. fees. I urge all my colleagues to support this and volunteer in the community. Couples, f legislation. such as the Welz's, represent the growing f number of foreign retirees who wish to stay for F–1 STUDENT VISAS an extended period of time in the United STATE OCCUPANCY STANDARDS States. HON. BILL McCOLLUM AFFIRMATION ACT OF 1999 Mr. Speaker, by simplifying the process for OF FLORIDA this unique group of retirees, this legislation IN THE HOUSE OF REPRESENTATIVES HON. BILL McCOLLUM would provide new and exciting opportunities Wednesday, January 6, 1999 OF FLORIDA for foreign retireesÐa practice that would ben- IN THE HOUSE OF REPRESENTATIVES efit all parties involved. There is no reason to Mr. MCCOLLUM. Mr. Speaker, today I am discourage such individuals from spending introducing legislation to give American high Wednesday, January 6, 1999 some of their retirement years in the U.S., schools the ability to welcome foreign ex- Mr. MCCOLLUM. Mr. Speaker, today I am contributing to the economy and enhancing change students into their schools without re- introducing legislation, the State Occupancy our communities. quiring them to charge tuition. I am pleased to Standards Affirmation Act of 1999, declaring E62 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1999 the rights of States in establishing occupancy lure of employment. The 1986 Immigration Re- employer sanctions will not work, and the standards for housing providers. form and Control Act created employer sanc- country will continue to be overrun by illegal During the 105th Congress the House Com- tions, making it illegal to knowingly hire an ille- aliens. This is a modest proposal to ensure mittee on Banking and Financing Services gal alien. That law requires everyone seeking that the SSA uses the latest inking and anti- passed a public housing bill. Within the debate employment in the U.S. to produce evidence counterfeiting mechanisms now used on paper of this bill at the committee level, occupancy of eligibility to work. The most commonly used issued in the form of the $100 bill and the standards were discussed, but a real standard form of verification is the combination of a U.S. passportÐboth of which boast extremely with real definitions was left out of the final driver's license with the Social Security card. low rates of fraud. These would be specific, product. This bill would amend the Quality These reforms were well intentioned but a clearly outlined performance standards. In 9 Housing and Word Responsibility Act and in- decade later, it is clear that fraudulent docu- years or so, only such an upgraded card sert the standards and definition that should ments have weakened the impact. would qualify as a Social Security card for the have been put in originally. One of the primary reasons that employer purposes of confirming employment eligibility. I believe that it is important to firmly estab- sanctions are not working today is the ramp- These modest steps are the least we can do lish the rights of the states in determining this ant fraud in the documents used to prove eligi- to stop the unrivaled wave of illegal immigra- standard, especially when considering that the bility to work, including the Social Security tion hitting our nation. Department of Housing and Urban Develop- card. As long as the Social Security card can f ment (HUD) could require housing providers to be easily counterfeited, employer sanctions house more people than is considered appro- will not work. The fact that illegal aliens can RELIEF FOR ROBERT ANTHONY priate and reasonable. easily counterfeit authorization documents un- BROLEY Currently, many states have occupancy dermines this important law and the lure of laws or guidelines in place, and there is a na- easy jobs continues to pull illegal aliens into HON. BILL McCOLLUM tional consensus among housing providers this country. OF FLORIDA that the maximum number of occupants most My legislation would require a simple up- IN THE HOUSE OF REPRESENTATIVES housing can accommodate is two people per grading of the Social Security card. This would Wednesday, January 6, 1999 bedroom. This legislation allows the inclusion replace today's card with one that offers the of one infant to the already established two- best possible security against counterfeiting, Mr. McCOLLUM. Mr. Speaker, today, I am people-per-bedroom limit. Beyond this level, forgery, alteration and fraudulent use. This introducing a bill for the relief of Robert An- the negative effects of overcrowding, including proposal would require the Commissioner of thony Broley. After enactment of the Illegal Im- providers possibly decreasing the stock of af- the Social Security Administration to make migration Reform and Immigrant Responsibility fordable housing, could be triggered. It is im- such improvements to the Social Security ac- Act of 1996 (IIRIRA), Immigration Judges lost portant that reasonable limits be set for the count number card as are necessary to make most discretion in granting suspension of de- number of occupants in a housing unit to pro- it as secure against counterfeiting as the 100 portation of certain criminal aliens. Any relief vide safe living conditions, to protect from dollar bill and as protected against fraudulent must be sought from Congress. The case of property damage, and to make sure that req- use as the United States passport. I chose Robert Anthony Broley is, in my opinion, suffi- uisite services can be provided for all resi- these performance standards because of the ciently compelling to have Congress grant him dents. many counterfeit-resistance features that are relief from pending deportation. The bill I am introducing is a simple clari- built into these two documents, including the Robert is the son of Robert M. Broley and fication of existing law and practice. It says type of paper, watermarks, background pattern Barbara Broley, Mrs. Broley was born in Can- that States, not HUD, will set occupancy of inks and security threads. ada but is a U.S. citizen, having been natural- standards and that a two-per-bedroom plus an Mr. Speaker, with this legislation, the Com- ized in 1962. Mr. Broley is also a naturalized infant standard is reasonable in the absence missioner of Social Security would be required U.S. citizen. The son, Robert Anthony Broley, of a State law. American taxpayers have spent to offer more than a bare assertion concerning was born in Canada in 1966 and remains a billions of dollars on HUD programs designed the card's security. This legislation directs the Canadian citizen. to reduce crowding. It is time to ensure that Comptroller General to perform an annual Robert Anthony Broley entered the United overcrowding will not be a possibility. I urge audit regarding the progress and status of de- States with his parents at the age of 2 in No- my colleagues to support this legislation. veloping a secured social security account vember 1968. He lived with his parents in the f number card, the incidence of counterfeit pro- United States until they accepted employment A SECURE SOCIAL SECURITY CARD duction and fraudulent use of social security in Canada when he was nine. Robert Anthony account number cards, and the steps being Broley was admitted again in October, 1978 HON. BILL McCOLLUM taken to detect and prevent such counterfeit- and, for the most part, he has remained here ing and fraud. since. He has an American citizen son, Mat- OF FLORIDA The legislation also provides that, beginning thew. IN THE HOUSE OF REPRESENTATIVES on January 1, 2008, any Social Security card Robert Anthony Broley had personal prob- Wednesday, January 6, 1999 that is used for employer sanctions purposes, lems beginning with his senior year in high Mr. MCCOLLUM. Mr. Speaker, today I am i.e., to show that an individual is eligible to school. He stole checks from his parents in introducing legislation that will make the Social work in the U.S., must be one of the new, se- 1990. In 1992 he was convicted of Driving Security card more tamper-resistant and less cured Social Security cards. By a date certain Under the Influence. He stole furniture from susceptible to fraudulent use. Eliminating So- we need an improved Social Security card to his family in 1993 in order to sell it for cash. cial Security document fraud is a vital first step be the only Social Security card acceptable for His parents felt the need to turn him in to the in controlling our borders and stopping illegal employer sanctions. Other documents, such authorities in order to help Robert in the long immigration. It is simply unacceptable that the as the passport, would still be acceptable. run. He served 5 months in prison and was re- one document that is most commonly used to This would make the older, easy to counterfeit leased in October, 1993 and given probation, prove eligibility for employmentÐthe Social cards, worthless to illegal aliens. which he violated by returning to Canada. Security cardÐis nothing more than a paper Immigrants bring growth, creativity and op- His father finally convinced Robert Anthony document that is easily counterfeited. As it portunity to America. They are the cornerstone Broley to return to the United States in order stands, an illegal alien wanting a Social Secu- of much of our great nation's cultural heritage. to accept the consequences of this actions. rity card can go to a street corner and pur- Immigration should once again be seen as a While attempting to enter the United States to chase a fake for as little as $30. noble experience that enriches AmericaÐboth turn himself in for violating his probation, he Improving the Social Security card is of the economically and culturallyÐrather than one was apprehended and is currently serving a utmost importance for two fundamental rea- demeaned by criminality and deceit. To ac- term for parole violation with a release date of son: (1) it reduces the incentive for illegal complish this, we must make employer sanc- March 20, 1999. Once released, he is deport- aliens to come to the U.S. by making it more tions work and cut off the magnet of jobs. able under Section 212(a) and 237(a) of the difficult for them to get a job, and (2) it makes Adopting measures, such as a secure Social Immigration and Naturalization Act (as amend- it easier for employers to comply with existing Security card, to reduce document fraud is the ed by IIRIRA). law by making employment authorization doc- first pivotal step that must be taken. While serving time in prison, Robert was in- uments more reliable. It is that simple. If we do nothing and continue to allow the volved in a very serious accident that has left Mr. Speaker, the only way to control the cri- use of the Social Security card without making his face permanently disfigured. His family sis of illegal immigration is to eliminate the it tamper-resistant, fraud will remain rampant, feels that their son has completely changed CONGRESSIONAL RECORD — Extensions of Remarks E63 and has suffered for his crimes and that his In view of Robert Anthony Broley's situation, never intended for him to be deported. There- deportation will hurt Matthew, Robert's Amer- insofar that he was arrested because his fam- fore, I am introducing a private relief bill on ican citizen son. ily felt it would be for his own good, I feel behalf of Robert Anthony Broley. I urge my great sympathy for his family's struggles. They colleagues to support this bill.