E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 105th CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, SUNDAY, OCTOBER 11, 1998 No. 143 Senate The Senate was not in session today. Its next meeting will be held on Monday, October 12, 1998, at 2 p.m. House of Representatives SUNDAY, OCTOBER 11, 1998

The House met at 2 p.m. and was DESIGNATION OF THE SPEAKER WASHINGTON, DC, called to order by the Speaker pro tem- PRO TEMPORE October 11, 1998. pore (Mr. BRADY of Texas). The SPEAKER pro tempore laid be- I hereby designate the Honorable KEVIN BRADY to act as Speaker pro tempore on this fore the House the following commu- day. nication from the Speaker: NEWT GINGRICH, Speaker of the House of Representatives.

N O T I C E If the 105th Congress adjourns sine die on or before October 12, 1998, a final issue of the Congressional Record for the 105th Congress will be published on October 28, 1998, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or ST±41 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through October 27. The final issue will be dated October 28, 1998, and will be delivered on Thursday, October 29. If the 105th Congress does not adjourn until a later date in 1998, the final issue will be printed at a date to be an- nounced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically on a disk to accompany the signed statement and delivered to the Official Reporter's office in room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. JOHN W. WARNER, Chairman.

N O T I C E Effective January 1, 1999, the subscription price of the Congressional Record will be $325 per year, or $165 for 6 months. Individual issues may be purchased for $2.75 per copy. The cost for the microfiche edition will remain $141 per year; single copies will remain $1.50 per issue. This price increase is necessary based upon the cost of printing and distribu- tion. MICHAEL F. DiMARIO, Public Printer.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H10515

. H10516 CONGRESSIONAL RECORD — HOUSE October 11, 1998 PRAYER Our government should reflect rather lower taxes. The party of bigger gov- The Chaplain, Rev. James David than undermine the values that have ernment and higher taxes is threaten- Ford, D.D., offered the following pray- made America great, faith, family, per- ing to shut down the government if the er: sonal freedom and responsibility. By party of less government and lower protecting and strengthening a Repub- taxes stands firm against creating Let us pray using the words of the lican government and citizen account- more big government, more Federal Psalms. Praise the Lord. ability, the Republican Party will con- bureaucracy in Washington, D.C., more Praise the name of the Lord, give tinue to deliver on its promises that spending on Federal programs. praise, O servants of the Lord, made these goals a reality for all Well, I got some news for the Presi- you that stand in the house of the America. dent and the party of bigger govern- Lord, in the courts of the house f ment and higher taxes. My constitu- of the Lord! ents did not send me here to do exactly Praise the Lord, for the Lord is good; ON CONGRESSIONAL ACTIVITY the opposite of what I have promised I sing to his name, for he is gra- (Mr. GEJDENSON asked and was would do. They sent me here to reduce cious! given permission to address the House the size of government, not expand it. O give thanks to the Lord, for he is for 1 minute and to revise and extend They sent me here to cut the size of good, for his steadfast love en- his remarks.) Federal bureaucracy, not make it big- dures forever. Mr. GEJDENSON. Mr. Speaker, I can ger. They sent me here to give local O give thanks to the God of all gods, hardly believe what I have just heard. schools more say over how they run for his steadfast love endures for- The Republican Party, which has used their affairs, not less. They sent me ever. its majority in Congress to deny people here to make sure that the government O give thanks to the Lord of lords, for access to education, to deny them ac- lives within its means, not find new his steadfast love endures for- cess to health care, refuses to take any ways for government to get around its ever. Amen. steps to deal with HMO reform or the budget agreements. Regardless of the f seniors, a quarter of a million of which excuse the Democrat agenda is always THE JOURNAL have lost their health insurance, comes the same, more spending and more gov- here and claims they are doing a good ernment. The SPEAKER pro tempore. The f Chair has examined the Journal of the job. last day’s proceedings and announces Harry Truman could not find a rating DEMOCRATS OFFER EDUCATION to the House his approval thereof. low enough for this Congress. We INITIATIVES should not leave here until we deal Pursuant to clause 1, rule I, the Jour- (Mr. PALLONE asked and was given with the education issues, until we deal nal stands approved. permission to address the House for 1 with the health care issues. You had f minute.) time to try to give big tobacco a $50 Mr. PALLONE. Mr. Speaker, I had PLEDGE OF ALLEGIANCE billion tax cut. We ought to spend a the opportunity last night to go back few hours in these last days to make The SPEAKER pro tempore. Will the to my district in New Jersey and I ex- sure that senior citizens do not have to gentleman from Texas (Mr. SANDLIN) plained to my constituents that I saw be frightened every day about whether come forward and lead the House in the at a function last evening how this do- or not their HMO is going to drop Pledge of Allegiance. nothing Congress was looking to ad- them. The gentlemen on that side of Mr. SANDLIN led the Pledge of Alle- journ and go home as quickly as pos- the aisle get the same kind of constitu- giance as follows: sible because the Republican leadership ents as I do. They look to us for help. I pledge allegiance to the Flag of the refused to address education initia- I do not know what answer you are United States of America, and to the Repub- tives, refused to address the need for lic for which it stands, one nation under God, going to give them. This new freedom HMO reform and was talking about a indivisible, with liberty and justice for all. that is out there in the health care sys- tax break for the wealthy at the ex- f tem means doctors and hospitals and pense of Social Security. We need to patients have no rights. We have got to GOALS FOR A GENERATION save Social Security for future genera- change that. The country is going to tions. But I was told by my constitu- (Mr. GIBBONS asked and was given judge us on that. I hope everybody ents that the one thing that was the permission to address the House for 1 watching at home calls their Congress- most important, that they did not minute and to revise and extend his re- man and tells them they want the edu- want to see this Congress adjourn until marks.) cation package and they want HMO re- Mr. GIBBONS. Mr. Speaker, goals for we addressed it, was education, and the form. It is the only way to move this a generation is the future of America Democrats have two initiatives. One is group, to let them know that the and it is the responsibility not just of to hire 100,000 teachers, new teachers American people are angry and frus- the Republican Party but this Congress across the country with Federal dollars trated, and now is the time to act. as a whole, for it alone will build the that would reduce the size of the class- bridge to the 21st century. f room, and the second one was to try to So far adhering to these goals has ANNOUNCEMENT BY THE SPEAKER provide some funding to help local brought us, the American people, a bal- PRO TEMPORE school districts to modernize their anced budget, tax cuts, a Patient Pro- schools, to either build new schools or tection Act, education reform that The SPEAKER pro tempore. Mem- additions or to upgrade the schools brightens the future of every child in bers are reminded to direct their re- that need to be restored. We are going America and legislation that will help marks to the Chair, not to the tele- to make sure that that happens here. save Social Security. vision viewing audience. We are telling the Republican leader- Under this agenda, we are continuing f ship and our colleagues on the other to improve our public and private side we are not going to run out of this schools by sending money directly DISAGREEMENT BETWEEN place quickly. This has been a do-noth- back to classrooms for more teachers, REPUBLICANS AND DEMOCRATS ing Congress but at least before you go more computers, safer buildings and (Mr. BALLENGER asked and was home, try to do something, put some teacher testing. given permission to address the House sort of down payment on these edu- We will also expand the notion that for 1 minute.) cation initiatives that are so impor- every American should have the finan- Mr. BALLENGER. Mr. Speaker, I tant, not to Democrats, not to Repub- cial security that comes from secure would beg all the Members to roll up licans but to the American people. jobs. This job security, coupled with a their pants. It looks like it is getting These are the kids. We have to think simpler tax code and a fairer IRS, will heavy around here. The party of bigger about the future of this country. The keep our economy strong and boost government and higher taxes disagrees future of this country is in its children savings and America’s investments. with the party of less government and and in public education, not vouchers October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10517 for private schools but public edu- counties and local communities need Let me just say this to you, that yes, cation, and doing things to upgrade more money to hire teachers, to train what we need to focus on in these last public education, doing things to help teachers, to put computers in class- remaining hours of this Congress is our in the classroom, doing things that rooms. If we want a world-class edu- kids’ education. Let us in fact reduce make it possible to have safer and cation system, we have to make a class size. Let us get 100,000 more smarter schools. That is what the world-class investment. That is why we teachers. Let us make a difference in Democrats are all about. We have been are fighting. That is why we are here. our kids’ lives. talking about this for a long time. The White House and the congressional f President Clinton brought it up in his Democrats say we must invest more in State of the Union address. Now is the education. The Republicans simply WHERE IS THE PRESIDENT? time to do something about it. want to go home and do nothing. (Mr. DELAY asked and was given per- f f mission to address the House for 1 minute.) TIME FOR ACTIONS TO MATCH PLEA TO PRESIDENT: HELP US Mr. DELAY. Mr. Speaker, I say to my WORDS FIND REAL SOLUTIONS good friend from Connecticut that this (Mr. TIAHRT asked and was given (Mr. HAYWORTH asked and was is a do-nothing-that-the-liberal-likes permission to address the House for 1 given permission to address the House Congress, that is for sure. But I am minute and to revise and extend his re- for 1 minute and to revise and extend here working today. I do not mind. I marks.) his remarks.) was elected to do a job and I am going Mr. HAYWORTH. Mr. Speaker, I lis- Mr. TIAHRT. Mr. Speaker, the Presi- to do it. But what about the President, tened with great interest to my col- dent said in his 1996 State of the Union where is he? Maybe in Martha’s Vine- league from Maryland. His math comes address that the era of big government yard, Aspen, Camp David? Where is the up short. Only 2 percent of Federal is over. I suppose that depends on what President? I bet the American people the definition of ‘‘is’’ is. I suppose that spending goes to administration? That is just not true. But then again there is do not know that he spent 152 days out if you look at his recent attacks on Re- of the 283 days this year fund-raising, publicans in Congress, especially on a lot that goes on here that seems to be part of the spin cycle. traveling, and on vacation. On top of education, the President and his liberal that, I bet the American people do not allies in Congress are threatening to Mr. Speaker, I noted with great in- terest this morning the President met know that he had only two Cabinet shut the government down if Congress meetings this year. We know what does not spend more money on edu- with the minority leadership. In 2 years’ time he has never bothered to those Cabinet meetings were. He shows cation and create more education bu- sit down with the people who run the up the day before adjournment and reaucracy right here in Washington. House of Representatives, members of starts talking about education. The Republicans want to send more money the majority, to craft a policy for day before adjournment. to the classroom. Liberals want to give America’s future. It has been very in- Mr. Speaker, tomorrow is another the Federal Government an overpower- teresting, Mr. Speaker. In fact tomor- workday, and alas according to reports ing role in local schools. Republicans row on the President’s itinerary are the President will be in Palm Beach in think that Federal bureaucrats have two fund-raisers, one in Florida, the the afternoon for pina coladas, for rais- done enough damage to education, other in New York. The final one is to ing money, and then he will be jetting thank you very much. Liberals want to benefit a Member of this House who off to New York City for dinner for spend the money by taking it away sits on the Judiciary Committee and more fund-raisers. Enjoy yourself, Mr. from Social Security, while Repub- who has aspirations of joining the President. We know how draining those licans are happy to stay right here and other body. Now even in a town as cyn- two cabinet meetings were this year. continue to work to get more money ical and as hard-bitten as Washington, But we will stay here as long as it into the classrooms, while keeping the D.C., can people not see some conflict takes and work on the budget. After budget agreement caps which means of interest? We are happy to stay as all, the American people expect noth- that there must be spending offsets by long as it takes to make sure that edu- ing less. not taking money away from Social cation is left up to the people, not the f Security. If the era of big government Washington bureaucrats. Mr. Speaker, b is over, then it is time for the Presi- we implore the President of the United 1415 dent’s actions to match his words. States to join us to find real solutions. THIS CONGRESS HAS ONLY f f WORKED 108 DAYS THIS YEAR— UNDERACHIEVING CONGRESS LET US MAKE A DIFFERENCE IN FIRE THE REPUBLICAN CON- (Mr. WYNN asked and was given per- KIDS’ LIVES GRESS mission to address the House for 1 (Ms. DELAURO asked and was given (Mr. MILLER of California asked and minute and to revise and extend his re- permission to address the House for 1 was given permission to address the marks.) minute and to revise and extend her re- House for 1 minute and to revise and Mr. WYNN. Mr. Speaker, by the cal- marks.) extend his remarks.) endar it says Sunday but in fact it is Ms. DELAURO. Mr. Speaker, this is Mr. MILLER of California. Mr. spin day, the day the Republicans come absurd. Republicans taking credit for Speaker, it is not a mystery why this before the American public and try to improving education is like saying that has been one of the least productive spin their way out of this do-nothing Jerry Springer is in the business of im- congresses in history, why this is a do- Congress. Well, they get offended when proving television. It really is quite ex- nothing Congress, because this Con- you say do-nothing, so let us say traordinary. My Republican colleagues gress has only worked 108 days this underachieving Congress. The fact of say that the President wants to shut year. Most working people worked in the matter is we on the Democratic the government down. Friends, Amer- excess of 225 days, 250 days this year. side want to stay here and deal with ican public, understand: This govern- This Congress only worked 108 days. the issue of education. We need to in- ment is shut down. Let me tell you Now they find out after 108 days of vest more money in public education. what the Republican-controlled major- working that they did not do their The Republicans will try to tell you ity has not been doing in the last 2 work, that they are not done. They that they want to send money back to years of the 105th Congress. No budget. say, ‘‘Where is the President?’’ The the States because money is going into No budget. No appropriations bills. No President has been waiting for the ap- bureaucracy. That is not true. Less managed care reform. No campaign fi- propriations bills. The President has than 2 percent of the Department of nance reform legislation. No tobacco been waiting for the budget. This is the Education’s budget is spent on admin- legislation to help to save your kids. first Congress since 1974 that had no istration. Ninety-eight percent goes di- No education program. They say, budget. This is a Congress that cannot rectly to the States and localities. ‘‘Let’s raid Social Security to pay for pass seven of its appropriations bills. That is our position. The States and other things in this budget.’’ There is nothing for the President to H10518 CONGRESSIONAL RECORD — HOUSE October 11, 1998 sign because they cannot get the ap- this Congress would be held in the is- minute and to revise and extend his re- propriations bills out of the House of land of Palm Beach. CLAY SHAW and I marks.) Representatives. They cannot get stayed here to work on the people’s Mr. SOUDER. Mr. Speaker, it would agreement among the Republicans in problems. We are here throughout the be really helpful if we did not attack the House or the Republicans in the weekend to solve the budget crisis. Re- each others motives. I do not consider House and in the Senate. grettably the President and, I under- myself a mean person. I consider my- Mr. Speaker, if most Americans stand, the Vice President are traveling self like other Members of this body on worked as few days as this Republican to Palm Beach, Florida to raise more both sides, deeply committed to the Congress, they would be fired. Their money. In fact, the chairman of the issues we believe in, and we confuse the employers would ask for their money Florida State Democratic Party sug- American people because they do not back. Maybe that is what the public gested that they should probably not understand what is going on right now. ought to do is fire the Republican Con- come because they were bleeding all of They look at this and say this looks a gress. the dollars out of the State and bring- lot like the NBA strike lockout where f ing them here to Washington, D.C. we have people on both sides with So let us understand what this is all strong differences of opinions. But they REPUBLICANS PASSED 21 INITIA- about, not about working, not about are adults; why can they not sit down? TIVES GIVING GREATER CON- saving this Nation, not about helping Obviously we both care about edu- TROL TO LOCAL EDUCATION our children, not about helping edu- cation. We differ how to do it. We obvi- (Mr. WELLER asked and was given cation. It is about going down to Palm ously both care about health care. We permission to address the House for 1 Beach, Florida, a place that I love, to disagree how to do it. We obviously minute and to revise and extend his re- raise big dollars to come back and as- both want to see a form of government; marks.) sault the integrity of the American in this case some of us are more local Mr. WELLER. Mr. Speaker, as I look public with more money on TV ads than state-oriented and some are more back over the last 2 years, one thing is that do not tell the truth. federal, but it is not that we are not very clear. The Republican majority in So, if the President wants to solve trying to do a good government. the House and Senate has given a 21- the government’s problems, stay in In 1995, actually right after the 1994 gun salute to education, passing 21 ini- Washington tomorrow, work through elections, we had a historic point in tiatives to give greater local control to the weekend, like we are. We can make American history. For 40 years we had local education and put dollars in the some significant gains for the Amer- had a Democratic Congress, and all of a classroom. While the Democrats want ican taxpayers. sudden we had a conservative Repub- to put more money in Washington bu- f lican Congress and a liberal Demo- reaucracy, we want the dollars to the cratic President, and we had those pas- HOW MEAN HAS THIS COUNTRY classroom. In fact, 30 cents on the dol- sions on both sides tested, and we went GOTTEN? lars today that we appropriate here in through this before. This is now our Washington stay in Washington on (Mr. FARR of California asked and fourth time. There is no reason that we government bureaucracy. Thanks to was given permission to address the cannot come to an agreement unless this Republican Congress we now have House for 1 minute and to revise and there is another political reason, un- the lowest loan rates for student loans extend his remarks.) less there is a wag-the-dog problem in 17 years. We have been doubled that Mr. FARR of California. Mr. Speaker, going on right now where the President the last 3 years the amount of Pell I rise this Sunday afternoon here in is trying to distract attention. grant, grant money to help low-income Washington with, like the rest of us, We know he feels passionately, we students go on to college, and we pro- probably really missing our families feel passionately. Let us be adults and vided $500 million more this year for and wishing we could be with them. get it resolved. special education. But I happened to think about my Earlier this year, just 2 weeks ago, daughter who was about the age that I f the House of Representatives passed an was when this town and this country WITH A $500–PER-CHILD TAX CRED- effort to save Social Security and to was calling out for the best in people, IT THIS IS A DO-SOMETHING help education. Found it very interest- asking them to bring out what is the CONGRESS ing that the President called our ef- best in America by joining the Peace forts to make prepaid college tuition Corps. I did that. (Mr. MANZULLO asked and was programs tax exempt, to help with In the Peace Corps I lived as minor- given permission to address the House school construction costs, the Presi- ity in another land, and I learned the for 1 minute and to revise and extend dent calls that squandering that extra greatness of the United States. Incred- his remarks.) tax revenue and squandering the sur- ible to see how much we can do around Mr. MANZULLO. Mr. Speaker, as my plus. the world. And I knew then that I was colleagues know, the fact that Con- It is interesting our effort to help going to enter a political career to try gress does not pass a lot of laws does schools with the tax cut plan would to right wrongs and make life better. not mean it is a do-nothing Congress. have cost $7 billion in surplus. Our Here we are, Mr. Speaker, at the end Did my colleagues ever stop to realize President wants to spend twice as of the 105th session, and I look back, that a Congress that passes a lot of much, $14 billion, on defense spending, and I think, oh my God, how mean has laws is the same one that passes a lot the State Department and a computer this country gotten? How mean is their of regulations? Creates more programs? fix for government bureaucrats. right-wing leadership in their party? More bureaucrats? Evidently to some f They want to take away public edu- people on the other side, they think cation and privatize it, remove the that that is a productive Congress. PRESIDENT RAISING BIG DOLLARS safety net. They want to make Social But, as my colleagues know, for IN PALM BEACH FOR TV ADS Security neither social, nor secure. every family in the United States be- THAT DO NOT TELL THE TRUTH They want to have people in their med- ginning this year that has a child (Mr. FOLEY asked and was given per- ical careers have to deal with insur- under 17 year old the parents will be mission to address the House for 1 ance companies rather than doctors. able to keep $400 more of their taxes, minute and to revise and extend his re- I plead with my colleagues to get and after that, $500 more of their taxes, marks.) away from the meanness. Go back to a $500 child credit. We Republicans be- Mr. FOLEY. Mr. Speaker, as the Rep- the dreams of America. We can cure a lieve the American people know how to resentative from Palm Beach County lot. spend their hard-earned dollars a lot joining the gentleman from Florida f better than the United States Con- (Mr. SHAW) also representing Palm gress. With a $500 per child tax credit, Beach, we are quite surprised that the WAG THE DOG they can keep that as opposed to pay- President would assume that the nego- (Mr. SOUDER asked and was given ing taxes. That is a do-something Con- tiations to continue the good work of permission to address the House for 1 gress. October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10519 FOR LIBERAL DEMOCRATS EDU- SPECIAL ORDERS Well, let us just go over a little bit CATION IS ABOUT MONEY, The SPEAKER pro tempore (Mr. what we have done just this year, in MONEY, MONEY BRADY of Texas). Under the Speaker’s the 105th Congress what the Repub- (Mrs. CHENOWETH asked and was announced policy of January 7, 1997, licans have done. First of all, we put given permission to address the House and under a previous order of the some common sense into the concept of for 1 minute and to revise and extend House, the following Members will be national testing. This fast track nature her remarks and include therein extra- recognized for 5 minutes each. of what the White House had initiated neous material.) f was unverified. It took a long process, Mrs. CHENOWETH. Mr. Speaker, as The SPEAKER pro tempore. Under a it started many educations on an my colleagues know, education is a previous order of the House, the gen- alarming rate of trying to do things perfect example of an issue where lib- tleman from Michigan (Mr. BONIOR) is that they had, that they could not put eral Democrats and conservative Re- recognized for 5 minutes. a final bottom line on. It was like hit- publicans disagree. For a liberal Demo- (Mr. BONIOR addressed the House. ting a moving target. crat education is about one thing and His remarks will appear hereafter in one thing only. It is more money, more Now we have done testing in Kansas. the Extensions of Remarks.) We have a program called QPA. It money, more money from Washington, f D.C. measures progress. It has testing re- Now last year they were here arguing WHAT REPUBLICANS HAVE DONE quirements. Other States are already for more money for education, and so FOR EDUCATION doing it. So here we have a duplication we gave it to them. Education did not The SPEAKER pro tempore. Under a of effort in Washington, D.C., on edu- improve. The year before it was the previous order of the House, the gen- cation standards. Well, we put some same argument. We gave them more tleman from Kansas (Mr. TIAHRT) is common sense to that in the Repub- money. Education did not improve. recognized for 5 minutes. lican Congress. And the year before that, and the year Mr. TIAHRT. Mr. Speaker, today I The next thing we did is put dollars before that, and the year before that, want to talk a little bit about what the into the classroom. The purpose was to and the year before that, and every sin- Republicans have done for education. consolidate 31 top-down programs into gle year for the past 30 years. We have heard a lot about how we were block grants to the States, and under Mr. Speaker, my question for the lib- trying to eliminate public education. this bill at least 95 percent of the erals is at what point do they conclude Nothing could be further from the money coming from the Federal Gov- that maybe, just maybe, it is not the truth. We want to make strong public money from Washington, D.C.? The an- schools with local control, local au- ernment had to go into the classroom swer, of course, is that it is not the thority. for classroom activities or services. money, and even the liberals know it. Now if my colleagues compare what Now for Kansas that meant an extra They have created more Federal bu- the President is proposing with his $21⁄2 million going into the classroom. reaucracies, more Washington, D.C. hundred thousand teachers, we have Well, it is not being spent here in programs of dubious value and more heard that number before. We heard Washington, D.C., which is the big dif- administrative extravagances. about the Cops On The Street Program ference in philosophy between what Education achievement has not im- which promised 100,000 police on the happens between the Republicans and proved, but that is no surprise at all. streets. Well, according to Attorney the liberals. The Republicans and con- f General Janet Reno, we never did get servatives would like to see the money 100,000 police to the street. In fact, we get into the classroom, not being spent A DO-NOTHING CONGRESS only got 18,000 police to the street, and here in Washington, D.C. on a bloated (Mr. MCDERMOTT asked and was for those 18,000, they were only par- bureaucracy. given permission to address the House tially funded. The first year they got 75 for 1 minute and to revise and extend percent, the second year they got 50 b 1430 his remarks.) percent, the third year they got 25 per- Mr. MCDERMOTT. Mr. Speaker, I cent, and the fourth year the local gov- Another thing that has occurred here was sitting over in my office looking at ernments had to completely fund those is we have the Higher Education my clips from the newspaper, and I 18,000 policemen. Well they only got Amendment of 1998. The purpose of this come across one here I thought I would partially funded. They went ahead and is to reauthorize the Higher Education mention to my colleagues. This is the hired the policemen on good faith. Act of 1965 with the lion’s share of the Washington Post, October 6, in their Then the amount of funding from the Federal funding going for higher edu- editorial section: A do-nothing Con- Federal Government got reduced, and cation. This year it is in excess of $40 gress whose year has been spent de- the portion of the local funding contin- billion a year, where the Republican flecting good bills while barely pre- ued to increase. So what happened in Congress wants to get money into tending to legislate is now down to the all these local governments that were task it cannot avoid. It has yet to pass trying to do the right thing by hiring higher education. 9 of its 13; well, really it is 7 of its 13; these police is they ended up raising Another program was the Commu- regular appropriation bills, and they go their taxes. So they got fewer police- nity Service Block Grant and Low In- on and say on most of this stuff the men that they were promised and high- come Housing Energy Assistance Pro- President would be wrong to yield, he er taxes than what was anticipated. gram, LIHEAP, to help some of the should veto the Republicans. Now we have the plan for 100,000 teach- local communities revitalize their high Now the Republicans are out here ers, again partially funded, and over poverty neighborhoods and empower today saying that we are trying to pick the next few years the funding goes low income individuals and commu- a fight, and so the paper says the Re- down, down, down while local govern- nities to become self-sufficient. It had publicans say the President is trying to ment taxes go up, up up, and along new initiatives in it for literacy, youth pick a fight on these issues, even to the with that comes the bureaucracy. development, fatherhood and commu- point of shutting down the government Now the average employee in the De- nity policing. to divert attention from their own fail- partment of Education here in Wash- ures. They seek thereby to disarm him. ington, D.C., makes $52,000 a year. Go Another program was the Reading In fact, it is they who seek to divert at- home and ask the children’s teacher if Excellence Program. This legislation tention from their own record which they make $52,000 a year. They do not developed in response to the Presi- for most of the year consists of thwart- make that in Wichita, Kansas, not the dent’s America Reads Program to use ing legislation that deserves to pass average teacher, but yet that is what volunteers to improve the reading and now consists, in too many cases, of the average bureaucrat does here, and skills of children, where we would re- trying to sneak into law provisions they do not educate any children. All form the way reading is taught in our that ought to fail. The President they do is demand more paperwork, Nation’s schools. Working together, we should swat them on it. more paperwork, more paperwork. perfected a program. H10520 CONGRESSIONAL RECORD — HOUSE October 11, 1998 Another program was the English that keeps meddling with the decisions them to procure these basic necessities Fluency Act. This legislation is di- of doctors to prescribe medicine, to of life for them or their family. Why? rected at reforming the current Bilin- prescribe treatment, to prescribe tests Because the minimum wage is not high gual Education Act to provide funds to or to prescribe surgery. enough. states to address the needs of English Each and every time the doctor But this Congress, this do-nothing language learners and ensure that they wants to do this, he has to pick up the Congress, chose not to do anything learn English as soon as possible. phone, the doctor has to call an 800 about the minimum wage, not to do Another program, the Juvenile Crime number, get some bureaucrat on the anything about managed care, not to Control and Delinquency Prevention phone and say can I have an MRI? I be- do anything about campaign finance Act. The purpose of this legislation is lieve this person may have a tumor. reform, not to do anything about the to help local areas have safer schools. Can I have surgery? We have discovered crucial bills dealing with the improve- I could go on for another 10 or 12 pro- a tumor and now we would like to cut ment of education and bills to protect grams, but the bottom line is the Re- it out on a timely basis. the environment. publicans believe in local schools and They say no, you are going to have to So this Congress that has only local empowerment. We think you can wait 30 days. No, send them out for worked 108 days this year, this Con- spend your money more wisely than massage, send them to the whirlpool. gress that has chosen to be out of town any government agency and that you Send them anywhere except to surgery, more days than it has been here, this will love your children more than any where they need it to try to stem the Congress that has chosen to come to government program. ravages of cancer or other malig- work Tuesday night at five o’clock and f nancies. leave Thursday night at five o’clock, That is what the American people this Congress that chose to extend the PROGRESS REPORT ON CONGRESS have asked us to do. This Congress August break an extra week, this Con- The SPEAKER pro tempore. Under a could not do it. This Congress could gress that chose not to work in Janu- previous order of the House, the gen- not do it because they decided they ary, February or March more than a tleman from California (Mr. MILLER) is would deal with the money interests, couple of days, this Congress now can- recognized for 5 minutes. just as they decided they would deal not find time to deal with the basic ne- Mr. MILLER of California. Mr. with the monied interests and they cessities of our children’s education, to Speaker, we can talk all we want here, would kill campaign finance reform, get a budget and to pass the appropria- or the Republicans can talk all they they would kill the ability of the tions bills. want, about what they are going to do American people to have a greater par- That is why this Congress is being in terms of education, because most of ticipation in the election process, to hailed by editorial boards and people the legislation that was just read by develop grassroots, to make sure the all over the country as a do-nothing the gentleman in the well is legislation people in our districts are not over- Congress. And I would just ask the that they have proposed, it is legisla- ridden by all of the soft money that same courtesies on time that you give tion that may have passed this House, comes in in the last days of a cam- the Republican Members on the other it is legislation that they cannot get paign. This Congress struck out in that side of the aisle. The Chair belongs to agreement with the Senate on, or it is effort. the whole House, not to one party or legislation that has come out of the This Congress struck out on the ef- the other. committee but their caucus is in dis- fort for tobacco legislation, to try to f agreement on much of that legislation. recover for the Federal taxpayer some ANNOUNCEMENT BY THE SPEAKER I appreciate and I was at the signing of the billions of dollars that they have PRO TEMPORE with the bipartisan delegation of the spent in the Medicare program taking The SPEAKER pro tempore (Mr. reauthorization of the Higher Edu- care of the victims of tobacco, taking BRADY of Texas). The Chair will at- cation Act. That is what Congress is care of the victims of cancer that is re- tempt to enforce strictly the five- supposed to do. Congress is supposed to lated to tobacco. The states are recov- minute limit on both sides of the aisle. reauthorize that act when it comes due ering that, but somehow the Federal f and there is no Congress that has failed Government is unable do that. Why? to do that. Because they could not stop the flow of REPORT ON BIPARTISAN But this Congress has failed to do the tobacco contributions to the Re- LEGISLATION much more. It has failed to meet the publican party. They just could not get The SPEAKER pro tempore. Under a needs of America’s schoolchildren by off that addiction that they have, not previous order of the House, the gen- failing to address the need to reduce only to tobacco, but to tobacco cam- tleman from Pennsylvania (Mr. GOOD- class size for our younger students. It paign contributions. So this Congress LING) is recognized for 5 minutes. has refused to meet the need to im- struck out on that. Mr. GOODLING. Mr. Speaker, I will prove our schools, the crumbling Finally, as Americans are working lower the decibels. I do not have any schools, some $12 billion worth of con- harder and harder and more Americans reason to make any political state- struction that is immediately nec- are working more than ever, we ments. I do not have that need. The essary, not only to make schools safe, thought they ought to at least get a President, on the other hand, has mis- not only to make them healthy for our wage to allow them to support their led the American people with a radio children, not only to modernize those families. But this Congress could not address yesterday, and I think I should that need it, but also to make them see it that way. It decided that once try to make sure the American people ready for the technology that is the again it would go with their campaign truly understand what is going on. In key to much of the educational oppor- contributions from the Small Business his speech, in which he dealt primarily tunity for the students. Association, from the Restaurant Asso- with education, he said we should be So this Congress has struck out on ciation, and they would deny America able to make real bipartisan progress education. This Congress has struck an increase in the minimum wage, so on education. out on managed care, where they de- those people who are working at the Well, Mr. President, in the entire his- cided they would go with the monied minimum wage would be able to sup- tory of this body, there has never been interest of the insurance companies port themselves and their families. a greater effort at bipartisan legisla- and the HMO companies against the These are people that go to work all tion in relationship to education, and American people, against the American week long, all month long and all year in the last 24 years, I can assure you people and their desire to once again long, but at the end of the year, they there has never been a better effort. have a doctor-patient relationship, a end up poor. So what do we do? We So, Mr. President, we sent you the doctor-patient relationship that deals have the government subsidize them in Higher Education Act, a bipartisan ef- with the health care problems of the food stamps, we have the government fort. We sent you special education, patient, as opposed to the bottom line subsidize them in housing, we have the IDEA. We sent you the Workforce In- and the stock price of the HMO cor- government subsidize them in medical vestment Act. We sent you loan for- poration or of the insurance company care, because their wages do not allow giveness for new teachers. We sent you October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10521 quality teaching grants. We sent you b 1445 to have smaller classrooms, which ev- emergency student loan. They are all erybody agrees we need, then we have ANNOUNCEMENT BY THE SPEAKER law, Mr. President. We sent you seven. to build more space. We have to do that We also have awaiting on your desk PRO TEMPORE by offering incentives other than the school nutrition, including help after The SPEAKER pro tempore. The mechanisms that are there. school, so that we can try to deal with Chair will remind the Members to ad- My colleagues, the gentlemen from the problems of juvenile delinquency. dress their remarks to the Chair and California, know that we have a re- We sent you charter school legislation, not to the President in the second per- quirement in California that to pass Mr. President, in bipartisan fashion, son. the school bond issue to construct $100 million extra every year for five f school buildings, you have to get a two-thirds vote. In a lot of commu- years. We sent you quality Head Start. The SPEAKER pro tempore. Under a nities where the need is great, they can And what are your people trying to do? previous order of the House, the gen- They are trying to eliminate the qual- never get the two-thirds vote. There is tleman from Texas (Mr. DOGGETT) is ity from the Head Start bill that we no option. There is no option. Nobody recognized for 5 minutes. sent to you. is out there volunteering to build pub- We have sent you vocational edu- (Mr. DOGGETT addressed the House. lic schools for free out of their own pri- cation for the 21st Century, not the His remarks will appear hereafter in vate contributions. 20th or the 19th. We sent you commu- the Extensions of Remarks.) Mr. Speaker, we have to put some nity service block grant. We sent you f money into the school construction ef- $500 million extra for special edu- fort. The President, as we all learned in cation, and you sent a budget up here THE ROLE OF FEDERAL MONEY IN high school when we took government which as a matter of fact reduced EDUCATION classes, the President proposes and we spending for special education. The SPEAKER pro tempore. Under a dispose. The President stood here in We have a Reading Excellence Act previous order of the House, the gen- this very room and proposed to us that waiting for you to sign, Mr. President. tleman from California (Mr. FARR) is we put money into school construction. All you have to do is decide whether recognized for 5 minutes. He had a clever idea, that we would that is truly your first priority, and it Mr. FARR of California. Mr. Speaker, give tax incentives so private individ- surely should be your first priority. All I want to go back to my statement uals could pick up the interest rates on of those bills, 14, and a lot of them in that I made in the 1-minutes on the school bonds, as an incentive for a bipartisan fashion. spirit I felt in this country when I re- schools to use more of the money for Well, you said in your speech that member first getting involved and get- school construction, rather than less. our Nation needs 100,000 new highly ting committed. What happened to it? It was de- qualified teachers to reduce class size Many of us are sitting here as par- stroyed here in Congress. We talked in the early grades. Mr. President, ents. I think we have children growing about putting 100,000 new teachers in where do you get your statistics? up, and as a parent, we are more wor- the classroom. People say that is too Every study I have seen has indicated ried about the future of this country much Federalism. If we go to a police that there is no shortage of elementary and this world for their livelihood. We chief in the United States today and teachers now or in the foreseeable fu- all want to make the world better. I do ask if the Cops on the Street program ture. We have more than 100,000 ele- not think that our Congress, with all is too much federalism, all of my chiefs mentary teachers now who are working the capability we have, a lot of very of police that have received these Cops in department stores, who are working bright people elected on both sides of in the Street program told me they at fast food places, who are working in the aisle, are really focusing in on try- have never seen less bureaucracy. It is offices, because they cannot get a ing to bring out the best that is in very easy, once you have made the de- teaching job. America. I think that is where we are cision that you want them, to get Now, Mr. President, there are some failing. them. The program for schools would places where they need teachers, but We can get into the specifics of a pro- be the same way. There is not a lot of these 150,000 who are out there who do gram, and whether it is a mood to go to Federal bureaucracy there. not have a teaching job did not want to Do Members know what it would do what I think is a fear of privatization, go to center city, did not want to go to over the next 7-year period if we took let us remove the safety nets, the gen- rural America. So what did we do to the President’s proposal and adopted it tleman is right. The last speaker try to help that situation? If you read here? It would provide in our State talked about it. It is not who gets the our higher education bill, Mr. Presi- alone, in California, 9,271 new teachers credit. I believe that. We can accom- dent, you will discover that we give by the year 2005. We need those teach- plish a lot in life if we do not care who some breaks in relationship to your ers. We need those classrooms. We need gets credit for it. But we have to ac- loan that you have if you will go to computers. We need all of the things center city, if you will go to rural complish it. What we are doing is not that people talk about. But we are not America. accomplishing it. going to get there if we are going to Now, Mr. President, if you know the One of the speakers earlier said we try to say well, the Federal Govern- Elementary Secondary Education Act, have too much Federal money in edu- ment should not help. you also know that Title I allows them cation. That is just factually wrong. I am passionate about this, because I to employ teachers. If you wanted to That is wrong, wrong, wrong. Of all the think what we do in this country that do that, why not increase that amount money spent in education in America, is so great, and we are picking away at of money? the Federal contribution is 7 percent. it and wanting to lose it, is that we You see, as I said at the White House, Seven percent. That is not too much have one Nation, indivisible. That indi- who gets credit is not important if you money. There is not anybody in Amer- visibility, it seems to me, is the safety are trying to help improve the quality ica that will not tell us that if we have net; that we will treat everybody, at of education. So you do not need some- a top priority, it is educating our kids least in this country, with a minimum thing special that says, ‘‘I get credit to prepare them for the 21st century. amount of care. because I did this.’’ It is there. It is in We have heard a lot of reasons. It has If we look at the education programs Title I. All you have to do is put more been debated and it will be stated here that we have created in the United money in that particular area. again today, I am sure. Why can we not States, they are that safety net. They In the higher education bill we also do that? The one thing we have never are Head Start, they are ESEA Title I, dealt with quality, because you men- done in this country, the Federal Gov- they are grants to college students, tioned quality. We made it very clear ernment has never put one Federal dol- Pell grants, they are things that are to all teaching training institutions, lar into school construction, not even a out there as safety nets. They are not this is the 21st Century and we expect penny. the education system. The gentleman you to turn out quality teachers for If we are going to have overcrowded is absolutely right; America’s edu- that 21st Century. Right in the bill, Mr. classrooms, and we all agree they are, cation is run by the local school dis- President. You signed it. I was there. if we are going to have more teachers tricts. But they cannot do it alone. We H10522 CONGRESSIONAL RECORD — HOUSE October 11, 1998 need to help them. Do not deny them system, helping kids and families for Last year, while we were working to the opportunity to do that. the first time in a generation, and we balance the budget, we created the first f restructured the IRS, taming the tax ever school construction bond program, The SPEAKER pro tempore. Under a collector for the first time ever. providing almost $1 billion in helping previous order of the House, the gen- Those are pretty big accomplish- build new classrooms for our schools. tleman from Florida (Mr. MICA) is rec- ments, something I am really proud of, We increased funding for Head Start ognized for 5 minutes. because it took a Republican Congress low-income kids in my district. to do that, and I am pleased that a Mr. Speaker, education is a priority. (Mr. MICA addressed the House. His Democrat President joined with us in a We have given it a 21-gun salute. This remarks will appear hereafter in the bipartisan effort to bring those four ac- House has passed 21 initiatives to help Extensions of Remarks.) complishments and those four solu- education in just the last 2 years. Edu- f tions home. cation is a priority. EDUCATION HAS BEEN A PRIORITY We are often asked, what is our next f TO THIS CONGRESS challenge? What more can we do to The SPEAKER pro tempore. Under a change how Washington works and to The SPEAKER pro tempore. Under a previous order of the House, the gentle- make Washington more accountable to previous order of the House, the gen- woman from California (Ms. PELOSI) is the folks back home? Clearly, edu- tleman from Illinois (Mr. WELLER) is recognized for 5 minutes. cation is a priority for all of us. recognized for 5 minutes. (Ms. PELOSI addressed the House. When I am back home and I am walk- Her remarks will appear hereafter in Mr. WELLER. Mr. Speaker, I have ing through, whether it is Lincoln Way the Extensions of Remarks.) often listened to the debate in these High School, which is one of the best in f Chambers. Sometimes I feel like I am the Nation, in New Lenox, or in the The SPEAKER pro tempore. Under a in a schoolyard where we have fourth- south side of Chicago, in the Chicago graders taunting each other back and previous order of the House, the gen- public schools, or LaSalle Peru in the tleman from North Carolina (Mr. forth, saying my program is better Illinois Valley, and I talk to local than yours, and you are a bad guy be- JONES) is recognized for 5 minutes. school board Members, administrators, (Mr. JONES addressed the House. His cause you are not saying my program teachers, and parents, they say, Con- remarks will appear hereafter in the is a good program. We just have to re- gressman, about 4 to 6 cents of every Extensions of Remarks.) member that today is an election year, dollar we spend on our public schools f and we are just 31⁄2 weeks away from comes from Washington, but we also that date. want you to know that with that 4 to A FEDERAL GOVERNMENT STILL I also noted that one of my col- 6 percent of the funding we spend on TOO BIG, WITH A DEFENSE leagues tried to elevate the debate by our local public school comes two- BUDGET TOO SMALL quoting the Washington Post. Once I thirds of the paperwork we have to fill The SPEAKER pro tempore. Under a did that. I was back home in a town out. previous order of the House, the gentle- meeting back in my district. I quoted If we look at how those dollars actu- woman from Idaho (Mrs. CHENOWETH) is the Washington Post, and I kind of re- ally get spent when we appropriate recognized for 5 minutes. alize at times when I read the Washing- them in Washington, only about 70 Mrs. CHENOWETH. Mr. Speaker, the ton Post that they don’t like anybody. cents on the dollar actually reaches Treasury Department will announce Two weeks ago they were calling on the classroom. Thirty cents on the dol- that the Federal budget is in surplus the President to resign. Now they are lar gets spent on bureaucratic overhead for the first time since 1969. Only 2 saying Congress is bad. before it gets back to Illinois schools. short years ago the President of the Whether or not Members want to Something is wrong. We need to do a United States submitted a budget with quote the Washington Post, folks in better job. a $200 billion deficit, as far as the eye Hegewish and south Chicago, they Over the last few years we have made can see, if Members will recall. don’t care what the Washington Post a difference, trying to change how What happened? There are a lot of says. They are looking for a solution. Washington works to make sure when Americans, and most Americans, in- One thing I found from town meet- we appropriate funding that it counts, cluding us, who really do not care ings, meetings at the union hall, the and education was a big winner last where the credit falls, just as long as VFW, the grain elevator, or a suburban year when we balanced the budget. Not this Congress stays committed to a women’s club meeting, they are saying only did we make education a priority, balanced budget and reducing the size that they are tired of partisan politics. but we increased funding for education of government. But it is important to They are looking for solutions. That is in our budget by 10 percent, a $5.4 bil- understand how we got here, where we why they are pretty proud of what this lion funding increase over the previous are today, so we can continue on the Congress has done in the last few short year, even while balancing the budget. path of sound economic recovery. years. Unfortunately, 30 cents on the dollar Remember when the country was If we think about it, think of all the stays here in Washington. One clear faced with large, chronic deficits at the things we were told that we could not message from the folks back home is beginning of the 1990s? Congress faced a do. I am one of those who was elected we need to leave less money in Wash- choice. To cut the deficit, lawmakers in 1994, this new Republican majority ington and get more money back to the had one of two choices to make, to cut for the first time in 40 years. classroom. That is why I am proud that spending or to raise the taxes. Presi- I was told by the Washington Post we passed earlier this year legislation dent Clinton and his allies here in the and the New York Times and all the that will put more dollars into the Congress chose to, remember, raise other liberals in the world that we can- classroom by streamlining the process, taxes. Congress at that time was still not balance the budget, but we did it. not saying 70 cents on the dollar, but under the control of the Democrats, so They told us that we could not cut actually 95 cents on the dollar reaching President Clinton was able to get taxes, but we did it. They told us we the classroom. through the largest tax increase in the could never reform welfare, but we did I am proud that this Republican Con- history of this great Nation. it. They told us we could not restruc- gress has given us the lowest student Republicans, on the other hand, ture the IRS, but we did it. loan rates in 17 years, and that we have wanted to reduce the deficit by cutting If we think about it, this Congress in doubled Pell grants to twice what they spending. Republicans believe that gov- the last 2 years has done some big were when I was sworn in 4 years ago ernment is too big and too bossy, and things that we were told we could not to help low-income students better af- they believe that Washington wastes do by many of those on the other side ford college with an outright grant. too much of our money. One would of the aisle. We balanced the budget for This year while the President ignored think that this is an obvious point to the first time in 28 years, we cut taxes special ed, we provided $500 million us, because it is to the American peo- for the middle class for the first time more for special education in our local ple. After all, even the President him- in 16 years, we reformed our welfare public schools. self said in his 1996 State of the Union October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10523 Address that the era of big government are being created, and revenues have not have a lot of family. When we were was over. soared. That, Mr. Speaker, is primarily going back for a checkup, we saw this If only that were true, Mr. Speaker. the reason why the budget is now in woman. She could not have been 4-foot We can see now that this declaration surplus when it was in deep red only a tall. She had a piece of metal in the was nothing more than words. Big gov- few years ago. front of her chin and two pieces on the ernment is alive and well, and it is big- f back of her head. She had the marks ger than ever. In fact, the Democrats from that halo when you have a serious EXCHANGE OF SPECIAL ORDER have come back with still more ways neck operation. to increase the size and power of gov- TIME My wife said to her, ‘‘What happened ernment every year since. Mr. GEJDENSON. Mr. Speaker, I ask to you?’’ She says, ‘‘Oh, I came in for a While we can say that government is unanimous consent to take the time hernia operation. I am 76 years old. It not quite as big as it would have been previously allotted to the gentleman is same-day surgery, you know. As if the Republicans had not taken con- from Washington (Mr. SMITH). soon as I had the surgery, they sent me trol of the Congress in 1995, the truth is The SPEAKER pro tempore. Is there home. I walked in the door, passed out, that government continues to grow, objection to the request of the gen- and broke my neck. I spent the last 4 and any attempts to cut government, tleman from Connecticut? months in the hospital.’’ no matter how wasteful and counter- There was no objection. Most times, when we are dealing with productive the program may be, the f an issue, it has such a limited impact liberals will immediately attack our HEALTH CARE REFORM that we have to seek out those who resistance to more and bigger govern- have been victims. We have to go out ment as being extremist or mean-spir- The SPEAKER pro tempore. Under a and hold hearings. These just come at ited. previous order of the House, the gen- us from our family and everybody else. It has never occurred to them that it tleman from Connecticut (Mr. GEJDEN- My brother runs the family dairy is perhaps mean-spirited on the part of SON) is recognized for 5 minutes. farm. One night, Ike felt his entire a Federal government to have so little Mr. GEJDENSON. Mr. Speaker, it right side of his face losing all muscle respect for the working men and their seems to me that, if we go back before control. He is 40-some years old. That labor that Washington takes between the battles that have raged in the last kind of thing scares people. I do not one-quarter and one-third of their pre- several weeks, there has to be a fun- know if it would scare a doctor, but it cious money every month from their damental question of why we came to scared the heck out of me. paycheck. Congress. Ike thought it was serious. He drove So that still leaves us with the very I grew up in the town of Bozrah, a down to the emergency room. The in- important question, how did we go town about 2,400 people. I knew that, surance company said, ‘‘No, no, just be- from $200 billion deficits, as the Presi- oftentimes, those neighbors of mine cause you lost all sensation in the dent had proposed, as far as the eye can could not compete when they were try- right side of your face, that is not seri- ing to deal with large corporations or see, only 21⁄2 years ago, to the budget ous.’’ surplus that we now enjoy? an oppressive government. It seemed to I am not a doctor. Again, I cannot Let me tell the Members, remember, me the obligation of an elected rep- tell my colleagues what would have it is true that there have been some re- resentative is to come here and be happened to my brother’s girlfriend ductions in spending, but almost all of their voice, to fight for our friends and had she had a real medical system. She them have come out of one place it neighbors when they cannot do it on was 38 years old when she died after should not have come out of, Mr. their own. they refused to look at her tumor, Speaker. That is the Pentagon. Defense What is our answer to what is hap- after they refused to test her tumor. spending is now dangerously low, and pening to seniors on Medicaid HMO What is this Congress doing? This our military forces are not what they programs? What is our answer to the Congress is sitting around here, and its should be. average family that lives in fear that leaders are fighting about whether you Mr. Speaker, we know that to be the the health care program they have paid can fire or prevent the hiring of a truth, but our Democrat colleagues, in for will not protect them when it is former Democrat for a job downtown. their boundless faith in human nature, necessary? Is it not wonderful, we have a fight ignore history and simply do not be- My wife went in for a 41⁄2 hour oper- where the Republican leadership is try- lieve in the fundamental precept that ation. They removed a disk from her ing to tell public corporations they are America must achieve peace through neck. They took a piece of bone from not supposed to hire Democrats. strength. her hip. They put it back into her If you have been a Democrat, the rule neck. A 41⁄2 hour operation. She gets b is you cannot have a job. Do my col- 1500 back to the hospital room around 5 leagues know what? If this was orga- As for other spending, Republicans o’clock. nized crime, we would call it a RICO did manage to limit the number of new The doctor comes by 6:30 and says, operation. My colleagues are out there spending initiatives of President Clin- you know, I would really like to keep trying to deny people health care; and ton and the Democrats over the past you here, but I know the insurance when people want to work here, they few years. But the primary reason why company is not going to pay. But I am want some kind of sign-off from the the budget is in surplus today is be- going to try. You will probably get Republicans. cause revenues are way, way, way up. stuck with a bill. She was all wired up I am telling my colleagues this coun- Liberals will point to the President’s with all the things that kill pain and try needs health care reform. This is 1993 tax increase as a reason why reve- what have you that you need after an not about good politics, which it is. It nues are up, hoping that we will not ex- operation. So she said fine. is about people’s life and death. amine the budget tables ourselves to The next day, of course, the claim The leadership of this Congress is see if, in fact, this is true. was rejected by the insurance com- spending more time trying to make Revenues are up primarily from the pany. That did not shock us, frankly, sure somebody does not get a job down- number of people who are taking ad- because we thought that was going to town than taking care of the health vantage of low tax rates on capital happen. What shocked us is what hap- care of people of this country. gains, the part of the economy that is pened to the doctor. The doctor got a The same goes for education. The the lifeblood of any dynamic growing letter from the insurance company say- same goes in 100 different areas. We economy. ing do not try to do this again. Do not have not done the work we ought to do President Reagan cut the tax on cap- worry about what your patient needs on pensions. In my district, a company ital gains, and the Republicans cut it or what the long-term impact is. Just closed, and the same day 100 people again just last year. Savers, investors, dump them out on the street. were notified they had no jobs. They entrepreneurs, and other job creators My wife would get along. We have got found out their pension had been ab- are taking advantage of that, and the family. We would find a way to help sconded with, been stolen or lost by the economy is benefiting from that. Jobs her. But there is some people that do individual who managed it. H10524 CONGRESSIONAL RECORD — HOUSE October 11, 1998

We need to make some changes to terest fund-raisers gathering up those tleman from Texas (Mr. SANDLIN) is make sure that will not happen again. millions and millions of dollars, rather recognized for 5 minutes. But not this majority Congress. They than working with Congress on prob- Mr. SANDLIN. Mr. Speaker, Amer- are worried about whether Dave lems facing all Americans. ican children, American education, McCurdy, former Congressman, can get The ‘‘Show me the money, Mr. Presi- what better investment could we a job downtown. dent’’ ought to be here working with make? What higher priority could we It started this way when they took the working Congress. Let us take the have in the United States Congress over. The first thing they told people vacations that he has had. Please do than in our children? was fire the Democrats. They got rid of not get me wrong. There is nothing Mr. Speaker, today, we have heard a all the assets that poor people and wrong with a much-needed break from lot of talking back and forth about the workers had to gather information a hectic work schedule. But there is name of this Congress. I do not know here. They want to represent powerful something wrong when the vacations about that, and I do not particularly people, and that is just fine, but do not start interfering with the job of being want to get involved in that, but I do kid the American people. Do not go President of the United States. know this, we have an opportunity into that well and tell me you care Not many hardworking men and today to be known as the ‘‘do some- about health care. women around this country have the thing good Congress,’’ because we can luxury of working only 127 days and f take one vote, take one day, and we getting 32 days vacation, paid at that can invest in America’s children, and COME HOME, MR. PRESIDENT by the taxpayers of the United States. we can invest in education. Let us see, that would include 13 days The SPEAKER pro tempore. Under a We have had a lot of talk today about at Martha’s Vineyard, 9 days in Camp previous order of the House, the gen- who controls education. Education is David, 5 days in the Virgin Islands, 4 tleman from Nevada (Mr. GIBBONS) is properly controlled at the local level. days at a Utah ski resort, and, oh, yes, recognized for 5 minutes. 1 day in Aspen, Colorado. Obviously, In Texas, local citizens elect a local Mr. GIBBONS. Mr. Speaker, I think the only thing that got in the way of school board that hires a local super- it would be very helpful to all of the all of these vacations was his fund-rais- intendent, and they have local teachers constituents in my district to sort of ing schedule. that teach local children of local par- cut through the shrill rhetoric on the All this is bad enough, but it does not ents that support our local schools. other side of the aisle today and kind end there. Let us take the travel But that does not mean that the Fed- of get behind what is driving all of this abroad, overseas junkets. During this eral Government cannot be helpful. We political force. time frame, the President spent 45 days can be a junior partner in education. See, it appears to me that the Demo- abroad visiting 13 different countries, We can help provide the tools and the cratic leadership and the President including Ghana, Chile, Uganda, Sen- capital that our local communities have placed petty politics above the in- egal, Germany, Rwanda, England, Ire- need to address local problems and edu- terest of American children, America’s land, Russia, Northern Ireland, and, oh, cate local children. veterans, America’s seniors, and re- yes, a $50 million trip to China just to A junior partner is not controlling, cently America’s farmers. pay homage and tribute to the barbar- but he is important. We need to meet The farm bill that was just vetoed re- ians of Tiananmen Square. our important responsibility and obli- cently had more money in it than the But, my colleagues, that is not all. gation to America’s children by joining President’s request, but it did not Outside the fund-raisers, vacations and with local communities in education. spend it on the programs that the Fed- expensive junkets abroad, the Presi- Let me talk briefly about four areas eral Government and the President dent has spent an additional 22 days on of concern. Number one, smaller class- wanted, so he vetoed it. It was not that the road at photo-ops in telegenic set- es. Studies confirm that young stu- it was anything in the best interest of tings outside of the Washington area. dents in classrooms between 15 and 20 America to do, but he vetoed it for pol- Most of these photo-ops were strategi- students learn more rapidly, and they itics. cally placed with an eye to upcoming learn better than other children. Let us just take a look at what is be- elections like New York, Illinois, Wis- The Federal Government, as a junior hind this injustice to the American consin, Texas, and even the scenic area partner, can make capital available, people. The principal motivation for of Lake Tahoe. can make funds available to help com- the President and the Democratic lead- Mr. Speaker, it is very obvious that munities hire more teachers on a cost- ership’s intended shutdown of govern- the duties of the President are being shared basis, on a cost-shared basis. ment is sort of to take the spotlight off pushed aside at a time when there are $7.3 billion over the next 5 years would the scandals that the President has critical issues facing America’s chil- put us on track to hiring 100,000 new gotten himself into. dren, veterans, seniors, and, yes, even teachers to spread across this country It is also evident that the President farmers today. in grades one through three and will has been AWOL, absent without leave, Even as we speak here today, Con- reduce the class size to 18 children. from his duties during most of the gress is in session working, doing its If we ask teachers how best to bring year. Let us consider this. The first 282 job to help save Social Security, pro- down violence in school and how best days of 1998, Mr. Clinton spent 45 per- mote and improve our children’s edu- to teach children, they say bring down cent, or approximately 127 days, work- cation, and to provide for America’s class size. ing for his employer, the American tax- veterans. School modernization. In order for Yet, the President is once again pre- payer. our students to learn and compete in paring to go to another fund-raiser to- So what has he done with the major- the economy of the 21st century, morrow in Florida. That is right. The ity of his time as President this year? schools must be well equipped. A 1996 President is once again planning to be Let us take a look at that. Fund rais- AWOL while we here in Congress are GAO study found that, over a quarter ing. I think the new motto of the White hard at work solving our Nation’s prob- of Texas schools have at least one House ought to be ‘‘Show me the lems. building in need of extensive repair, money, Mr. President.’’ Clearly, it is time for America’s part- and over half of the schools in Texas Mr. Clinton has spent 56 days away time President to clear his travel cal- have schools with at least one major from his job raising money, gaining endar, clear his fund-raising calendar, building feature that has to be re- millions and millions of dollars from clear his vacation calendar, and stay placed, such as all of the plumbing, all wealthy elitists, big business tycoons, home so that we can get the Nation’s of the air conditioning. There are simi- liberal special interests, and media mo- work done. lar problems across the entire United guls. f States. Note that most of these fund-raisers, To address this shortfall, the Federal of course, were outside of the Washing- INVEST IN AMERICA’S CHILDREN Government can provide tax credits. ton, D.C. area. All totaled, Mr. Clinton AND EDUCATION We can give credits to folks to pay in- has attended 97 today. Tomorrow in The SPEAKER pro tempore. Under a terest on nearly $22 billion in bonds to Florida will be number 98. Special in- previous order of the House, the gen- build and renovate public schools. We October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10525 have an obligation to build schools in I am a physician. I still practice. tleman from Indiana (Mr. ROEMER) is this country and to make those facili- What we were supposed to have re- recognized for 5 minutes. ties available for our children like our ceived from Mr. GEJDENSON was that Mrs. MINK of Hawaii. Mr. Speaker, I parents did for us, because, Mr. Speak- the problems in the health care field ask unanimous consent to substitute er, nearly one in every three schools in today have come about because of this for the gentleman from Indiana (Mr. America today was built before World Congress. They have come about be- ROEMER). War II. cause of a law called ERISA that this The SPEAKER pro tempore. Is there Congress a number of years ago passed. objection to the request of the gentle- b 1515 And the thing that strikes me rather woman from Hawaii? That is just not right, and we can do peculiarly is what we hear as HMO at- There was no objection. better and we must do better for the tacks instead of attacks on physicians f children of this country. who are not doing their job. Let us talk about safer classrooms. The number one job of a physician is ON THE EDUCATION AGENDA Drug use among our 12th graders, over to do no harm. I want to tell my col- The SPEAKER pro tempore. Under a half of whom have already tried drugs, leagues, if I do an outpatient surgery, previous order of the House, the gentle- is up. Only 30 percent of public elemen- which I do almost every weekend, and woman from Hawaii (Mrs. MINK) is rec- tary schools in this country have after- my patient is not ready to go home, I ognized for 5 minutes. school programs and in rural areas, fight and fight and fight, but I do not Mrs. MINK of Hawaii. Mr. Speaker, I such as where I am from in Texas, the give up. My patient stays there until think it is a very unusual occasion number drops to 12 percent. The Fed- they are ready to go home. Do you that we are experiencing today, that eral Government should continue to know what? I win those battles with this House would be engaged in discuss- make grants available to work in part- HMOs. I do not lose those battles. What ing important issues on a Sunday. It is nership with local government and we are really hearing is the inability of even more unusual because we had ex- communities for prevention, for early physicians to have backbone to stand pected to adjourn on October 9, Friday. intervention and enforcement efforts. up. We were given a calendar that so indi- Further, we should authorize funding The law that created the situation cated. for school-based partnerships between that we have today was created several The reason that we are all here on a local law enforcement agencies and years ago, not by a conservative Re- Sunday and expect to even be meeting school districts to combat crime, to publican Congress, but by a rather lib- on a Federal holiday tomorrow is that combat drug activities and to make eral Democrat Congress. I do not usu- the Republican-controlled Congress has sure that our children have a safe place ally say anything partisan on this not been able to work out its own dif- to learn. floor, but the tone of the speech is in- ferences with respect to very, very im- Finally, better technology. Give our appropriate for this august body. To portant bills, particularly those that kids the skills they are going to need not challenge that tone will do more to the Constitution requires that we pass for the jobs that are coming up in the destroy this institution than anything before we go home having to do the next century. We need to ensure that I know. We passed a bill, it is called the funding of government. our children have the necessary tech- Patient Protection Act. It is not de- I rise today to pay special attention nology in the classroom. That means signed to put more lawyers at work to the items that I am concerned with modern computers, Internet connec- and increase health insurance costs by on the education agenda. I came to the tions, educational software, educated, lining the pockets of people who are Congress initially in 1965 because I was well-paid, enthused, encouraged teach- going to challenge HMOs through the deeply concerned about the future of ers that are ready, willing and able to court system. There is no question we education at that point. Ever since teach our children. have to make changes. Those changes then in the 20 years that I have served are being made. They have been made f in Congress, I have spent almost the with this Congress. But the very idea entire time by serving on the education The SPEAKER pro tempore (Mr. that this Congress, this Republican BRADY). Under a previous order of the committee. I also serve on budget. I Congress, is responsible for the emo- asked to be assigned to budget because House, the gentleman from New York tional diatribe that we just heard is (Mr. SOLOMON) is recognized for 5 min- I felt that so many of the issues that anything but the truth. related to education were dependent utes. The truth is, we have tremendous upon funding. So some years ago I (Mr. SOLOMON addressed the House. cost pressures on health care in this sought a seat on the Committee on the His remarks will appear hereafter in country. HMOs have done a lot to help Budget and I was so honored to serve. the Extensions of Remarks.) us solve those problems. Are they per- We worked very hard. We produced our f fect? No. Have they made mistakes? budget resolution and for the first time No. Is there any physician before HMOs CHANGE IN ORDER OF TAKING since the budget process was enacted in SPECIAL ORDER were created that has not made a simi- lar mistake of letting someone go the early 1970s, this is the first time The SPEAKER pro tempore. Under a home too soon? No. So we can emotion- that the Congress has not voted on a previous order of the House, the gen- alize these issues. We can try to make budget resolution. tleman from Colorado (Mr. BOB SCHAF- them a campaign issue, but what we do So something is happening within FER) is recognized for 5 minutes. is serious damage to the real problems the Republican majority that has Mr. COBURN. Mr. Speaker, I ask that we have to solve in this country. caused us to be here today on a Sunday unanimous consent to substitute for And my heart is broken that we have and not to be able to finish on time. the gentleman from Colorado (Mr. BOB the kind of discourse that we have in One of the major bills that we have not SCHAFFER). this House that creates a false paper been able to pass is the Labor, HHS, The SPEAKER pro tempore. Is there tiger and then sets it down. To the Education appropriations bill. It never objection to the request of the gen- American public, I apologize for what came out of our House Committee on tleman from Oklahoma? we heard in the past 30 minutes from Appropriations and it is still locked in There was no objection. the gentleman from Connecticut. It is tremendous disagreement within the f my hope that we can carry on con- Republican conference, as well as with the Senate and with the administra- HMO REFORM versations in this House that come up to the level of integrity, honesty and tion and with House Democrats. The SPEAKER pro tempore. Under a maturity that this House deserves. Earlier there were comments about previous order of the House, the gen- f the President’s schedule and how he tleman from Oklahoma (Mr. COBURN) is was not attending to the business at recognized for 5 minutes. CHANGE IN ORDER OF TAKING hand. I would like to say that this Con- Mr. COBURN. Mr. Speaker, I want to SPECIAL ORDER gress has a record of only being in ses- comment on the tone that we heard The SPEAKER pro tempore. Under a sion 106 days this entire year up to Fri- from the gentleman from Connecticut. previous order of the House, the gen- day, October 9. This is a record of H10526 CONGRESSIONAL RECORD — HOUSE October 11, 1998 sorts. I have not gone through all the to the same disagreements. It is over says the Watergate thing, I don’t think history, but certainly this must be a protection of human life. It is over na- there is anything to add to what we record of inattention to the country’s tional testing, over the census. It is have already said. Haldeman says, you business and certainly by the number whether to and how to spend the budg- might resay it. Erlichman, that nobody of bills enacted, this is one of the shab- et surplus. It is over tax cuts, over IMF in the government did this thing. biest of all records. We have only en- and U.N. funding. This list is no sur- Haldeman says, the White House. acted 241 bills. prise. We have known it all year long. Nixon says, what do you mean Water- So getting back to the appropriations So where have the negotiators been? gate White House. Nobody currently in bills, I want to point out some of the Why can we not sit down, or is there the government. Haldeman says, cur- real differences. The appropriations something else going on? Is there rently employed in the government, bill, as it came out of our House Com- something that maybe perhaps the say currently employed. Nixon says, mittee on Appropriations, cut about $2 President of the United States would ever involved in the government. billion from the administration’s edu- like to take attention away from and Erlichman says, now you have Liddy cation budget initiatives. Goals 2000, try to relive 1995, where we can try to and Hunt who were at one time em- for instance, the school reform bill, the say the Republicans are trying to do a ployed. appropriations bill cut funding for shutdown. b 1530 Goals 2000 by $245 million or by 50 per- It is pretty clear that we have sur- cent below fiscal year 1998 levels. It rendered almost everything in this ap- Nixon says, but while they were would have reduced the ability of 6,000 propriations bill and that there is an doing it even, while they were doing it. schools to serve 3 million students na- election going on and those of us who Erlichman, that’s right. Then em- tionwide to implement the school re- are in the House have to run this year. ployed I could say. Nixon says, no one form efforts. Goals 2000 has been a pri- We are not the ones holding up the who is an employee of the White House, mary target of the Republican major- process right now. We have been trying who is an employee of the White House. ity. It was one of those programs that to negotiate. We have been trying to And Erlichman says, either at the time was included in the so-called Dollars to work through. Later on today in a spe- of the incident or since? And Nixon the Classroom effort which eliminated, cial order I want to point out some- says, or since, that’s what I mean. consolidated 31 programs into one gi- thing that I have been going through, Erlichman says, yes. 10, the everybody gantic block grant authorizing the this new book on the tapes of Richard does it defense. Our Democratic friends States to spend that money in any way Nixon, which were released for the first said a lot of these things, too, and they wished. time. Thanks to the efforts of the au- never got caught, Nixon says. 11, this is So here again Goals 2000 has been cut thor, Stanley Cutler, we can now read just partisan politics. Haldeman tells back. School to work cuts, the appro- in actual words much of the abuse of Nixon, because for the first time in our priations bill cuts funding for school to power that goes through. history we have one of the political work by $250 million, 63 percent below I am struck by the similarities that parties using the machinery of govern- fiscal year 1998 levels, undermining the have occurred in this White House. I ment to investigate the other political ability of over a million students in want to just kind of give you an over- party. Boy, I’ve been hearing that a 3,000 high schools to experience this ex- view of what I want to go into in more lot. 12, coordinate the witnesses. 13, emplary program. Here again, schools detail later. conspiracy to commit perjury. They to work was one of the programs listed One, limit the testimony. This is discuss that. 14. Hidden clues in their in the Dollars to the Classroom bill Haldeman talking to Nixon. So they testimony and how Sam Erwin was which consolidated 31 programs in a have granted Sloan temporary immu- able to pick it out. 15, unapologizing. block grant. So again the appropria- nity and he is going to cover what he Nixon says in a conversation with Ray tions bill kind of expresses the senti- knows about the Watergate stuff, Price, the President, the only problem ment of the Republican majority that which is nothing, and that gets him out is that if you get sackclothed too much they want to wipe out this program. of the thing. Two, limit the scope of then you know you no longer can be President. If you go too far in terms of f the investigation, just as the FBI di- rector and Mr. LaBella have alleged saying, well, I take all the blame and I CHANGE IN ORDER OF TAKING this Justice Department is doing. Pe- don’t blame these poor fellows and all SPECIAL ORDER terson of the Justice Department is that, then you think, well, this poor The SPEAKER pro tempore. Under a working with that knowledge directing dumb President, why didn’t he resign? previous order of the House, the gen- the investigation along the channels 16, whining about the special prosecu- tleman from Florida (Mr. STEARNS) is that will not produce the kind of an- tor and the grand jury. 17, the country recognized for 5 minutes. swers we don’t want produced. Three, is fed up with all this. Haig tells the Mr. SOUDER. Mr. Speaker, I ask finish now, no fishing expedition. This President, the country is just fed up unanimous consent to substitute for is about a year and a half before the with all this. It just wants to get on. the gentleman from Florida (Mr. impeachment hearings. Nixon says it is That is all through the book, by the STEARNS). over, otherwise it is a fishing expedi- way. 18, is that all they’re doing back The SPEAKER pro tempore. Is there tion. We have had enough of this. Four, there? Dole tells the President, May 23, objection to the request of the gen- early on they were overstating the po- 1973, Dole, my farmers have criticized, tleman from Indiana? tential damage. They talk about trying you know, is that all they’re doing There was no objection. to build up expectations of indictments back there, all they’re talking about is f and then pulling it back. Five, they Watergate, what about the farm bill, complained about spending too much the REA bill, they’re sick of it. 19, DEEP DISAGREEMENTS money on investigation. Dean tells the rally the party’s Members of Congress. The SPEAKER pro tempore. Under a President the resources that have been This is coming towards the end. They previous order of the House, the gen- put against this whole investigation to say, why don’t we go down to the Hill tleman from Indiana (Mr. SOUDER) is date are really incredible. It is larger and talk to all the, Dole and Bush are recognized for 5 minutes. than the JFK assassination. Six, build meeting with the President and Dole Mr. SOUDER. Mr. Speaker, once up expectations so the news is less says to talk just frankly about how im- again it is important to point out why damaging as it comes out. Seven, Octo- portant this is that the Republicans, we are here. We have a Democratic ber 13, 1972 discussion, they complained not for Richard Nixon but for the presi- President and a Republican Congress about the press obsession. Eight, they dency and the party that we do some- with disagreements. We have disagree- took advantage of the public’s belief thing, and Bush says, I like that, it’s a ments that are deep and heartfelt. that Presidents actually act logically. great idea. Then there is even the loyal However, we have known these dis- I will go through the actual tran- scheduler, Nixon and Rosemary Woods. agreements since at least January 1, scripts later. Nine, this is incredible, He says to take something home. And probably for the last 4 years since. what is is, December 11, 1972, Nixon, she says she has it already home, at his Every year at this time we come down Haldeman and Erlichman. Erlichman request. October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10527 I want to go into these quotes more ican public. It just sounds silly and you grow up and let us go on and solve the later because I personally think this is need to stop it. I came here as an problems of the American people. Wag the Dog. American first, not as a Republican, as f f an American, to come here and get the job of the people done. I have four kids CHANGE IN ORDER OF TAKING The SPEAKER pro tempore (Mr. in the public schools. I am proud of the SPECIAL ORDER BRADY of Texas). Under a previous job that my public schools do for my order of the House, the gentleman from The SPEAKER pro tempore. Under a children. But I juxtapose that with Maryland (Mr. CUMMINGS) is recognized previous order of the House, the gentle- what I see the results of the American for 5 minutes. woman from the District of Columbia education system producing. Forty per- (Mr. CUMMINGS addressed the (Ms. NORTON) is recognized for 5 min- cent of our children are dropping out of House. His remarks will appear here- utes. school across America. Then I look at after in the Extensions of Remarks. Mr. MCDERMOTT. Mr. Speaker, I ask the TIMS report, and I see that we end unanimous consent to take the time of f up 20th in the math and sciences, scor- the gentlewoman. DEMOCRATS NEED TO GROW UP ing 20th, and we are beaten by war-torn The SPEAKER pro tempore. Is there AND HELP REPUBLICANS SOLVE Slovenia. Why is that? If you believe objection to the request of the gen- NATION’S PROBLEMS what the Democrats are saying, they tleman from Washington? want to just go ahead and give you There was no objection. The SPEAKER pro tempore. Under a more of what we have been getting. f previous order of the House, the gen- Keep dumping money into this bu- tleman from Arizona (Mr. SALMON) is reaucracy back in Washington, D.C. WHAT IS GOING ON IN CONGRESS? recognized for 5 minutes. Keep giving you more of what you are The SPEAKER pro tempore. Under a Mr. SALMON. Mr. Speaker, I would getting. Forty percent dropout rate, like to say it is wonderful to be here previous order of the House, the gen- 20th on the international test scores in tleman from Washington (Mr. today, but I like most of you on both math and sciences. Enough is enough. sides of the aisle would much rather be MCDERMOTT) is recognized for 5 min- What we are doing is not working. Let utes. home attending church with my fam- us give parents a little bit more say. ily, but we cannot be there because we Mr. MCDERMOTT. Mr. Speaker, it is Let us give the local school boards and interesting to be here on a Sunday have got work to do. I am not going to the local teachers a little bit more say stand here and say that this Congress afternoon after watching the talking in how to handle the classrooms. I heads on television this morning. I lis- has accomplished everything that I think it is a crime that teachers have tened to the distinguished gentleman wanted it to accomplish. In fact there to go to school worried for their lives. from Oklahoma who cannot understand are a lot of things that it could have I think it is a crime that we have so the gentleman from Connecticut’s out- and should have done that it did not. tied their hands in the American politi- rage at what has happened in the medi- But as far as the rhetoric is concerned, cal system that they cannot discipline cal system. I am a physician and you when I listened to some of the folks, es- children, that when children try to poi- are a physician. I have spent time on pecially those on the other side of the son them or children try to hurt them, telephones calling Omaha, Nebraska aisle flailing their arms around and that they cannot really do anything for trying to get additional time for my squealing in high decibels much like fear of lawsuit. We have a lot of work patients in hospitals. I understand. It Barney Fife on the Andy Griffith Show, to do. I think it is a crime that a I now know why people are teacher can be a terrible teacher, can does take a persistent doctor. But it disenfranchised, why they decide they produce the most substandard of re- should not be necessary for you and I do not want to go to the polls. They are sults and not be fired, that a teacher and all our colleagues in the medical sick and tired of these people back in can be grossly incompetent and be- profession to spend their time arguing Washington, D.C. acting like a bunch cause of tenure, they are protected. I with some bureaucrat who has never of juveniles. For the last 4 years since think there are a lot of things that are seen the patient making a decision I have been in Congress, I think of all wrong with our system. I do agree, I about how long you can keep a patient of the things that the Democrats have think that we need to dedicate more in the hospital. I think the American said about the Republicans. Number resources when it comes to education. people understand that. They under- one, that the Republicans want to Again I am going to restate, I have stand that doctors have somebody be- starve the children. Remember back four children in the public school sys- tween them and the patient. It is al- with the school lunch program, that we tem, two of them in high school, one in ways an insurance company person. just want to decimate all the programs junior high and one in elementary The failure of this Congress, even if for the kids because we do not love school. I believe that we need to give you want to take your bill, your pa- kids. We must be child haters. That we our teachers more. But I want to give tient protection bill, you could not get wanted to pollute the environment. them 100 percent. I do not want to fil- it through the Senate. You guys did Somehow that we who are Republicans ter it through Washington, D.C. and not come around here enough. The ma- have some different kind of biological send through a pittance of it back to jority party cannot work with the ma- system that is impervious to the pol- the teachers and back to the classroom jority party in the Senate to get some- lutants and carcinogens in the atmos- to help my children. We want to sit thing done. It is an absolute failure. phere and in the water, that we some- down at the table. We want to fix these There is an article here in the news- how would like to pollute the water, problems. If the President were here in paper today. It is an analysis, it is on that we get glee out of making people Washington, D.C. instead of off cam- the editorial page of the New York ECORD. It suffer, that we want people who are paigning and raising money from spe- Times. I will enter it in the R is by Mr. Herbert. It is called the GOP being covered by health care to die, to cial interest groups, if he were here, we Cover Story. He talks about the im- be sick, to be thrown out of the hos- could solve these problems. We would peachment the other day. He says, pitals, that we do not want to educate like to do that. Because there is so the children. If you believe all of these much at stake, so much more at stake It was, frankly, chilling. To watch Newt things that the Democrats are saying, than these elections that are going to Gingrich presiding over the possible im- peachment of a Democratic President, even 1 then you must believe that we are the happen in the next 3 ⁄2 weeks. But you one as spectacularly vulnerable as Bill Clin- worst kind of human beings, somewhat would think that Armageddon is about ton, is insane. to happen, that we Republicans are a combination of Jeffrey Dahmer and He said, Charles Manson. You guys need to give back here like Simon Legree trying to it a rest. You get on the verge of being figure out how to poison the water, This is the same Newt Gingrich who sev- eral years ago told a group of young Repub- ridiculous. Nobody believes that there how to fail the children, how to poison licans: ‘‘I think one of the great problems we are people like that in this country the senior citizens, kick them out of have in the Republican Party is that we that want to come back to Washington, the hospitals, feed them dog food. don’t encourage you to be nasty. We encour- D.C. and cause mayhem on the Amer- Come on guys, you need to stop it, age you to be neat, obedient, loyal, faithful H10528 CONGRESSIONAL RECORD — HOUSE October 11, 1998 and all those Boy Scout words, which would abundant in Washington as fertilizer on the publican revolution of the mid–90s’. Now Mr. be great around the campfire but lousy in farm. Clinton has given the right-wingers the op- politics.’’ It was, frankly, chilling. Newt Gingrich portunity to take care of their unfinished And then he says, presiding over the possible impeachment of a business. Only the voters stand in the way. The Republican Party, refashioned by Mr. Democratic President, even one as spectacu- f Gingrich and his right-wing cronies, no larly vulnerable as Bill Clinton, is insane. This is the same Newt Gingrich who sev- longer has that problem. Since winning con- COMMENTS FROM A CONSTITUENT eral years ago told a group of young Repub- trol of Congress in 1994, it has consistently licans: ‘‘I think one of the great problems we The SPEAKER pro tempore. Under a pursued a mean-spirited extremist agenda have in the Republican Party is that we previous order of the House, the gen- and is now determined to turn the self-in- don’t encourage you to be nasty. We encour- tleman from Illinois (Mr. MANZULLO) is flicted wounds of the President into an even age you to be neat, obedient and loyal and recognized for 5 minutes. larger majority. faithful and all those Boy Scout words, Mr. MANZULLO. Mr. Speaker, I Now, he says and this is what the which would be great around the campfire would just say, I put in 70, 80 hours a American people should be thinking but are lousy in politics.’’ week and nobody has ever accused me about: The Republican Party, refashioned by Mr. Gingrich and his right-wing cronies, no of killing children because Republicans Try to imagine the implications of a big- longer has that problem. Since winning con- are withholding money from the FDA ger, more powerful, more aggressive, more trol of Congress in 1994, it has consistently for E. coli. It is a shameful remark for right-wing regime of Republicans in Con- pursued a mean-spirited extremist agenda the last speaker to say that. We gave gress. This is a party that is not content and is now determined to turn the self-in- with trying to roll back abortion rights. It is the power to Secretary Glickman to flicted wounds of Bill Clinton into an even use whatever resources are necessary fighting on several fronts against contracep- larger majority. tion. Just last week the Republican leader- Try to imagine the implications of a big- to the Department of Agriculture to ship in the House, under pressure from the ger, more powerful, more aggressive, more fight E. coli. To be accused of killing right, killed a measure that would have re- right-wing regime of Republicans in Con- children. No wonder a constituent of quired Federal health plans that cover pre- gress. mine Beatrice Mock wrote a letter to scription drugs to cover the cost of contra- This is a party that is not content with me, I picked it up this morning. She ceptives. No one seemed to think it was trying to roll back abortion rights. It is said: crazy to have abortion foes opposing a meas- fighting on several fronts against contracep- ure that would reduce the need for abortions. tion. Just last week the Republican leader- Dear Congressman, after listening to the They could not grasp that. ship in the House, under pressure from the pros and cons of the last few weeks, I decided to call your office and voice my objection to He goes on to talk about the party right, killed a measure that would have re- quired Federal health plans that cover pre- what is happening in Washington. Somehow that fought a meat inspection system this quotation came to mind and seems to designed to protect the people from the scription drugs to cover the cost of contra- ceptives. No one seemed to think it was sum up much of what should be said. If as it deadly E. coli. Members from my crazy to have abortion foes opposing a meas- seems our Congressmen, Senators and Presi- State, where we had children die, lin- ure that would reduce the need for abortions. dent are only interested in the power their gering deaths of E. coli infection voted This is a party that tried to eliminate Fed- offices gives them and not what is best for against increasing meat inspections. I eral nutrition standards for school meals and the country, only in getting reelected time know we do not want big government. fought hard against a meat inspection sys- after time, then we are doomed. But there are some things the govern- tem designed to protect the public from the She went through and stated that the ment should do. It should inspect the deadly E. coli bacteria. numerous members of her family that It’s a party that attacked Medicare and have fought in every war except World meat. Children should not die in fast Medicaid and went out of its way to trash food restaurants or in children’s hos- the environment. Clean air? Clean water? War I started with the Spanish-Amer- pitals after a month of hospitalization Forget about it. Representative Tom DeLay ican war. She said, ‘‘So you see, I have of something contracted in a fast food of Texas, the majority whip and a sharp crit- a vested interest in seeing our leaders restaurant. There is no question. ic of Mr. Clinton, denounced the Environ- held accountable for their actions.’’ He also says, mental Protection Agency as the ‘‘Gestapo She enclosed a quotation from, I think of the Government.’’ a State Senator, William Boroh, found Of course, you can’t expect much from the You want ethics? Pull the clips on Mr. Republicans because their whip denounced in an old Bible that belonged to her Gingrich and learn how not to behave. Or family. Here is the quotation: the Environmental Protection Agency as the check out John Boehner of Ohio, chairman of Gestapo of the government. the House Republican Conference. I wrote a The salvation of our Republic depends on The Gestapo of the government. This column in 1996 describing how he took the people, the strength of might and clarity is the kind of talk we get. money from tobacco lobbyists and handed it of purpose of the average voter. Democracies He goes on to talk about the leader- out to certain of his colleagues on the floor tend to make moral cowards of public men. ship’s ethics and talks about a whole of the House, while the House was in session. Unless people rise to the task and demand high ideals and truly American standards, bunch of things, including one of the These are men who couldn’t find the high road if they approached it by parachute. then there is no hope from State legislators, leadership who comes out on the floor There is no doubt that Bill Clinton brought from spineless Congresses or listening to of- and delivers tobacco checks on the his problems on himself. He destroyed his ficials. floor to Members of Congress. I mean, own Presidency. But there are consequences She concluded, this is right here on the floor. We talk to be paid if the Republicans are allowed to feast too ravenously on the political spoils. This quotation should be spoken again and about why we need campaign finance again. Much of your tasks are or may be un- reform. We got Members and the lead- Democrats have already lost the oppor- tunity to control the campaign season with pleasant. However, your constituents are ex- ership of the majority party walking discussions of such issues as the rights of pa- pecting you to find your voice and to speak around handing out checks right here tients in the era of managed care, the need your conscience. on the floor, while we are fighting to move boldly to rebuild the public school Mr. Speaker, that letter says it all. about whether we should do something system, the concerns of working Americans Values and character do not depend on about tobacco. There is lots more but in a chaotic economic environment and the polls. Let me quote something. Harry the people ought to be worried about outlook for Social Security. Truman once commented on the impor- what is going on in this Congress. Having been handed the gift of Monica Lewinsky, the Republicans are running with tance of polls to leadership, with the G.O.P. COVER STORY her. She conceals their real agenda. If they following insight. Throughout Thursday’s impeachment de- can parlay the Monica madness into substan- b 1545 bate in the House you could hear the tially increased majorities in the House and uncharacteristally low-keyed voice of the Senate, they can renew their conservative I wonder how far Moses would have gone if G.O.P.’s chief inquisitor. assault on government and their submersion he had taken a poll in Egypt. What would ‘‘The gentleman from Missouri is recog- of the interests of ordinary working Ameri- Jesus Christ have preached if he had taken a nized for three minutes,’’ Newt Gingrich cans and the poor. poll in Israel? Where would the Reformation would say. Or he would rap his Speaker’s Keep in mind that this is a party that have gone if Martin Luther had taken a poll? gavel for quiet and ask, oh so formally and crafted extraordinary tax breaks for billion- It is not the polls or the public opinion of the respectfully, ‘‘Does the gentleman move the aires while claiming the sky would fall if the moment that counts. It is right and wrong, previous question?’’ minimum wage was raised to $5.25 an hour. and leadership, men with fortitude, honesty Every now and then he would smile hid- Bill Clinton and the Democrats fended off and a belief in right that makes epics in the eously, reminding us that hypocrisy is as the most extreme aspects of the so-called Re- history of the world. October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10529 Some things are right, and some We on the Democratic side have a clear After School Learning Program. Why things are wrong, and these do not de- proposition. We believe that we need to would you cut a program that helps pend upon the philosophy of the day. invest more money in public education. students after school hours when they There was an article that appeared in As my colleagues know, recently we are most likely to get in trouble? It the Washington Times about 4 years got a wake-up call of sorts. In a bat- does not seem to make a lot of sense. ago about Daimion Osby, Fort Worth tery of international tests, American Now they talk about their Dollars to teenager by the name of Daimion Osby. students lagged behind their foreign the Classroom. I did a little research, He was 18 years old, was charged with counterparts. Moreover, as we talk and from my State of Maryland we will shooting and killing two other young about the global economy and the 21st lose $10 million as a result of the Re- men, Willie Brooks and Marcus Brooks. century, what we realize is that we publican approach. So I do not call it They were his cousins. Mr. Osby’s law- need more technical training for our Dollars to the Classroom; it is clearly yers came up with a pathetically cyni- students in order to compete in the for the State of Maryland and, for most cal defense. The youth committed frat- global economy. other States, dollars from the class- ricide because he suffered from, quote, That is why education has become room. ‘‘urban survival syndrome,’’ they ar- the issue of the day. That is why the Now let us turn to the Democratic gued. In other words, he blew away his debate rages. approach. We believe we need to do a unarmed cousins because he thought What I would like to do is talk about couple of fundamental things to im- they were out to get him. the two perspectives and two ap- prove education in America. First, we This is not accepting responsibility proaches to solving the problem of edu- need to hire a hundred thousand new for one’s actions, and irony of all iro- cation in this country. teachers for the elementary school, nies, as I came into the office this On the Republican side they have ad- grades 1 to 3, to reduce class size. That morning and saw this letter from my vocated basically two things: is what we are fighting about over the constituent, I picked up Dic DeVos’ One, a voucher program. They want weekend, whether we need to make book on rediscovering American values to use the District of Columbia as a that investment, because more teach- at home, and it fell open to the chapter laboratory in which to take money out ers mean smaller classes, and smaller on accountability. It is exactly what of public schools, put it in private classes mean a better learning environ- my client was calling for in her letter schools and say this new competition ment. when she said: from the private school sector will cre- Second, we want to invest in mod- ‘‘So you see I have a vested interest ate better schools. That is clearly erro- ernizing our schools. Over a third of in seeing our leaders held accountable neous because they do not put enough our schools need major repairs. That is for their actions.’’ money into a voucher program to make to say that they need heating systems, And Dick DeVos says: it work. Private schools do not have to air-conditioning systems, that their Some like to blame others for what goes take all types of students; public boiler systems do not work very well. wrong in their lives. Others blame God. schools do. We do not need to put Over half of our schools have major en- When we hold ourselves accountable, we ac- money into a voucher program for pri- vironmental problems that we need to cept the blame for wrong choices. Account- vate schools because 9 out of 10 Amer- confront and are not prepared to adapt ability is part of my faith. I believe that we ican students will always end up in the are all accountable to God for the choices we to the Internet. They cannot be wired public school system, and we need to to the Internet. make. Thankfully God is forgiving, but we make an investment in the public must acknowledge our mistakes before him. So what we have is a situation in Accountability depends on honesty and hu- school system. which outmoded, crumbling schools mility as well as fairness and courage. This Next, they come up with the notion cannot deliver a quality education, and means simply recognizing and accepting re- that they like to call dollars to the again we on the Democratic side be- sponsibility and the consequences for past schools, to the classroom. What I call lieve we need to make an investment in mistakes and for the state in which we find it is dollars from the classroom be- public education to modernize our ourselves. Individuals can receive rewards cause what their proposal does by cre- for accomplishments and victories. school system. ating a block grant is to cut over $2 We also have a problem of over- Mr. Speaker, it is accountability for billion from public education and then crowded schools. The President came one’s actions for which my client has tell us we are actually putting more to my school district, we visited a written this letter and which I am glad dollars in the classroom. school. The school was only 5 years old, to share with this body today. Now we have to understand their but yet it had 6 trailers outside to f premise is that too much money is teach kids. The trailers do not have The SPEAKER pro tempore (Mr. being spent on bureaucracy. That is air-conditioning, the trailers do not BRADY). Under a previous order of the simply not true. The fact of the matter have restrooms. You do not have a House, the gentleman from California is only 2 percent of the entire Federal proper educational environment. (Mr. BECERRA) is recognized for 5 min- budget in education for the Depart- So here we are. We are confronting utes. ment of Education goes to Federal ad- the 21st century. We know that we lag (Mr. BECERRA addressed the House. ministration. The rest goes to your behind our international counterparts, His remarks will appear in the Exten- State, your county and your city to ad- and we know we need to modernize our sions of Remarks.) minister education programs. So do schools. I think the Democratic ap- f not let them come up and suggest, proach best solves the problem of edu- well, there is too much bureaucracy. It cation in America. DEMOCRATS’ APPROACH BEST is certainly not Federal bureaucracy. f SOLVES THE PROBLEMS OF EDU- We do have that 2 percent, though, and CATION IN AMERICA that is used to monitor Federal pro- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a grams to make sure the money is not previous order of the House, the gentle- previous order of the House, the gen- wasted at the local level. So they want woman from Wyoming (Mrs. CUBIN) is tleman from Maryland (Mr. WYNN) is to take this money out of the Federal recognized for 5 minutes. recognized for 5 minutes. sector and take, basically cut it out, of (Mrs. CUBIN addressed the House. Mr. WYNN. Mr. Speaker, time and the budget. That is what their dollars Her remarks will appear hereafter in time again, Americans have said that from the classroom does. the Extensions of Remarks.) they want Congress to deal with the Let me tell my colleagues some of f real issues, the issues that affect their the things that they cut. They cut edu- The SPEAKER pro tempore. Under a daily lives and that affect the future of cational technology challenge funds. previous order of the House, the gen- their young people. Education is such They cut the Eisenhower Teacher tleman from Florida (Mr. BOYD) is rec- an issue. Training Program. They cut school to ognized for 5 minutes. We are here this weekend debating, work. Why would you cut a school to (Mr. BOYD addressed the House. His and some say fighting, over the ques- work program that is helping students remarks will appear hereafter in the tion of education and America’s future. make the transition? They cut the Extensions of Remarks.) H10530 CONGRESSIONAL RECORD — HOUSE October 11, 1998 The SPEAKER pro tempore. Under a son who was kicked and verbally b 1600 previous order of the House, the gen- abused as he lay on the ground bleed- DOING THE PEOPLE’S BUSINESS tleman from New Mexico (Mr. ing to death, shortly after being in a The SPEAKER pro tempore. Under a REDMOND) is recognized for 5 minutes. car accident with the assailant. Ac- (Mr. REDMOND addressed the House. cording to the authorities, the driver of previous order of the House, the gen- His remarks will appear hereafter in the other car was upset that his car tleman from Arizona (Mr. HAYWORTH) the Extensions of Remarks.) had been damaged and went over to the is recognized for 5 minutes. Mr. HAYWORTH. Mr. Spreaker, I f victim and repeatedly kicked him in thank my colleague from Florida for the stomach while shouting, ‘‘Mexican, The SPEAKER pro tempore. Under a his thought-provoking remarks. previous order of the House, the gen- go back to Mexico.’’ Mr. Speaker, I have listened with in- And all of us by now have heard tleman from Tennessee (Mr. CLEMENT) terest to many different perspectives about the recent slaying in Texas of is recognized for 5 minutes. on this floor and in this chamber on James Byrd, a disabled black man. The (Mr. CLEMENT addressed the House. this Sunday afternoon when we remain His remarks will appear hereafter in Nation was horrified to hear the ac- in session intent on doing the people’s the Extensions of Remarks.) count of Mr. Byrd who was offered a business. f ride by three young men in a pickup Mr. Speaker, I was especially as- The SPEAKER pro tempore. Under a truck. After luring him into their vehi- tounded to hear a lecture in ethics previous order of the House, the gen- cle, buying him beer and driving him to from the other side, particularly from tleman from Arizona (Mr. KOLBE) is a remote location, the men beat Byrd one Member who finds himself ethi- recognized for 5 minutes. unconscious, chained him to their cally-challenged and, indeed, involved (Mr. KOLBE addressed the House. His truck and dragged him around until he in civil litigation concerning what remarks will appear hereafter in the was beheaded. many would define as an ethical prob- Extensions of Remarks.) Incidents like these underscore the lem, and yet that is the level of absurd- f need for Congress to move forward and ity we have reached in Washington, pass pending hate crime legislation when those who are suspected of doing THE NEED FOR HATE CRIME sponsored by my colleague from Flor- wrong often stand to claim their en- LEGISLATION ida (Mr. MCCOLLUM). We have a respon- deavors to be right. The SPEAKER pro tempore. Under a sibility as lawmakers and as human So it is sadly, Mr. Speaker, at the previous order of the House, the gen- beings to do everything in our power to other end of Pennsylvania Avenue, tleman from Florida (Mr. FOLEY) is punish those who commit hate crimes where this morning our President met recognized for 5 minutes. of any kind to the fullest extent of the with leaders of the minority party, but Mr. FOLEY. Mr. Speaker, on the law. But it is equally important for us failed to meet with the leadership of front page of virtually every newspaper to speak out loudly against those indi- this House from the conservative ma- in America yesterday, I saw a story viduals and organized groups like neo- jority. Indeed, in discussing with the that sickened me when I read it and Nazis, white supremacists, and skin- leadership of the majority party the should shock every Member of this head sects which target people based phenomenon, apparently this President body. Matthew Shepard, the 21-year-old on benign traits like skin color, sexual has not met with the majority leader- student at the University of Wyoming orientation or religion. ship throughout this two years of the who was described by a family member Today we should all keep Matthew 105th Congress. as an incredibly caring person with a Shepard and his family and his friends Yet tomorrow, Mr. Speaker, the big heart, mind and soul, was lured in our prayers as we reflect on this bru- President of the United States will Tuesday night from campus by two tal act of violence. If we are in fact to leave our Federal capital, intent on young men, driven a mile outside of survive as a society, we have got to raising funds for electioneering. First town, bludgeoned with a blunt instru- come to grips with these horrible, hor- he will go to Palm Beach, Florida, and ment and tied to a fence like a dead rible crimes that are being committed then tomorrow night he will go to New animal. Close to death, with his head around us, and we have got to teach York City. New York City? Yes, New battered and burn marks on his body, our children different, we have got to York City. He will be there to raise he was discovered 12 hours later by two set examples. money for a Member of this House who passing cyclists who at first said they The two young couples that disposed sits on the Committee on the Judiciary mistook his unconscious body for a of the body of a baby in a trash can as and who has aspirations of joining the scarecrow. Today, as we deliberate they celebrated their evening prom other body here on the hill. here, young Matthew Shepard is lying continue to underscore how terribly Now, Mr. Speaker, I understand how in a coma, clinging to life. weak we are becoming as a Nation and hard bitten and cynical Washington, Why was this young man singled out how careless we are becoming with D.C. has become. Indeed, in stark con- for such a barbaric act of violence? Ac- facts and how we are not protecting trast to my usual weekend activities cording to all accounts, he was at- each other from these types of acts of when I am back home in position to lis- tacked simply because he was gay. This violence. ten and learn from the constituents of is the latest in a series of brutally vio- So, again I urge my colleagues to the 6th District of Arizona, I had the lent crimes committed against people speak forcibly on this floor about pro- opportunity this morning to watch the for no other reason than the color of tecting every human being on this various Sunday news programs, and their skin, their sexual orientation or earth. And we may have our dif- came away from those just a bit cha- their religion. ferences, we may disagree on a lot of grined by the ferocity of the spin cycle, For example, in southern Virginia things, but to witness these kind of and the seeming hunger on the part of last year, a soft-spoken black man was crimes being repeated and repeated and the media elite to cast aside the Con- soaked in gasoline, burned alive, and repeated, and allow them to go unchal- stitution and find some unconstitu- then beheaded in the yard of his slayer. lenged, and allow it to be, well, because tional or extra-constitutional remedies The victim was the only son of his par- he was different, or that just happened for the plight in which our President ents, who were incredibly proud of his because he was hanging out around the finds himself. service in the Marines. He was targeted wrong types of people. Even the char- Mr. Speaker, we should all remem- for this act of violence, it was discov- acterization of a legislator several ber, we stood here as a body 435 strong ered, simply because he was black. years ago when he said, homosexuals in January of 1997, raised our right Likewise in April 1994, two African are like gay bulls; they are worthless hands and swore to uphold and defend American men murdered a white father and should be sent to the packing the Constitution of the United States. of three in Lubbock, Texas. The killers plant. When legislators and people of Those in the Executive Branch take a later stated that they had set out to authority start talking about other similar oath. And for anyone in any of- find a victim this time who was white. people like that, you wonder what im- fice to suggest that we cast aside the Earlier this year in Illinois, a His- pact it may have on average Americans Constitution and constitutional prin- panic family mourned the loss of their who are sitting, listening. ciples to embrace some remedies of October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10531 convenience, do our constitutional re- that in history. They cannot agree. So who owns a tax business in a working public a grave disservice. how can the President sit down with a class neighborhood where not one cli- Indeed, Mr. Speaker, I would call bunch of turkeys who cannot agreeing ent makes over $100,000, I think it is upon the President of the United among themselves within their own fair to know that tax reductions for States to cancel his questionable fund- parts I? the working class people in this coun- raising activities tomorrow, to stay in Yesterday when we were talking try are coming in the next few years, Washington, D.C. and to do something about the failure of the Republicans to mostly because bipartisan negotiation unique, indeed, novel: To call the lead- do anything for education, smaller put off a lot of those reductions. So I ership of the Congress and to join with class size, more teachers, rebuilding do not want to get into that. I am just Members of this House and the other and building schools across America, meaning to address the fact that the body in constructive solutions to the something that would be a real benefit partisan bickering has gone so far that challenges we face. Otherwise, Mr. to the American people, when we people that would normally be out- Speaker, let us state clearly, so there talked about the failure to do anything raged and would obviously never vote will be no doubt, we are prepared to for patients rights, when we talked certain ways are voting ways totally stay here as long as it takes. about the attacks on the Social Secu- contrary to what their personal belief f rity trust fund, the chairman of the is. It is either that, or they are just so Committee on Rules jumped up and busy fighting that they are not reading COMMENTS ON CONGRESSIONAL said, ‘‘That is right, but we have cut what is being proposed and what they ACTIVITIES taxes.’’ are voting on. It is too easy to vote The SPEAKER pro tempore. Under a Now, I would ask those who are lis- ‘‘no’’ against a Republican because he previous order of the House, the gen- tening today, are your taxes really is a Republican, or vote ‘‘yes’’ for a Re- tleman from Oregon (Mr. DEFAZIO) is lower than they were four years ago publican because he is a Republican, or recognized for 5 minutes. when the Republicans took power? In vote ‘‘no’’ because he is a Democrat. Mr. DEFAZIO. Mr. Speaker, the fact, the answer is no. The first returns The point I am talking about is this speaker who preceded me in the well on the 1997 Taxpayer Relief Act are in. summer, as a father, I was taking my waxed eloquent about the President of The results are striking. children to our beaches in Imperial Seventeen of the 80 percent, that ba- the United States leaving town for a Beach, Southern California, and this is sically figures out to about 14 percent short while tomorrow to do some fund- what we were greeted with, pollution of the people earning less than $59,000 a raising for the Democrats, and he took signs that were closing our beaches and year, got a generous tax cut of $6. I great opprobrium to that. But I would saying to children, you are not allowed hope you did not spend it all in one remember twice in this Congress in the to go in this water. place. Maybe you put it away for re- midst of the legislative session when I want you to notice that the sign is tirement or the kids’ college. That is the House went out of session, in the a bilingual language sign. That is for a middle of the week, on a Wednesday at great. Now, we go after the $59,000 to good reason. I will explain it later. 4 o’clock in the afternoon, so the Re- The point being, was this a corpora- $112,000 bracket. They did a little bet- publicans could get on corporate jets tion that polluted our beaches? Why ter, $81. But that is not where the and fly up to New York for the largest was Washington not doing something money really went. Guess what? Two- fund-raiser held in the history of the about it? In fact, this pollution prob- thirds of the taxpayer relief under the United States. Their corporate buddies lem has gone on for 20 years. The fact Republican bill passed last year went flew them up there. Wasn’t that nice? is the reason why it was not taken care to people whose incomes average What is the result? The work is not of is not because it was a corporation, $660,000 a year, and guess what? They done. It is not surprising. Congress has and I think my colleagues on both got $7,135. Now, the families struggling been in session 108 days working here sides of the aisle would say they would on a $59,000 income got $6. The families in Washington, D.C. this year. The av- be outraged if an American business struggling, the Republican constitu- erage American working for wages has was polluting the beaches so badly that ency, just struggling to make ends put in 200 days so far this year, and children could not go in the water. they have gotten their job done, every meet on $666,000 a year, they got $7,000. But, don’t worry, they will spend The real outrage about this issue was day, day in and day out. Congress, hav- that money in a way to put Americans it was not an American business or ing worked under the Republican lead- to work. Of course, the Republicans are citizens polluting these waters, it was ership one-half as many days and being against any increases in the minimum a foreign government desecrating U.S. paid generously quite more, has not wage and they are following a trade territory with sewage in such large gotten its work done. policy which is driving down wages in magnitudes that it not only affects the There is nothing for the President to America. environment so you cannot get in the sit down and talk to the Republican But they have done great things for water, but it is also destroying the leadership about. The Republican lead- the American people, great things, but largest estuary and sanctuary in the ership cannot even agree among them- they cannot get their work done here Pacific coast. selves. On the House side they have in Washington, D.C. They have raised a You can say wait a minute, Mr. tried to cut taxes by taking the money pile of money, and they want to go BILBRAY, how could a foreign govern- and stealing it from the Social Secu- home and spend it to change the sub- ment actually be polluting and dese- rity trust fund. The Republican leader- ject from what they have not done in crating American soil? Let me just ship in the Senate has wisely chosen Washington, D.C. or what they have give you a little geography lesson here. not to go down that path. done in killing HMO reform, in killing The San Diego-Tijuana Tijuana bor- The Republicans in the House passed tobacco legislation, in attacking the der happens to be cut by the Tijuana a de minimis, not very helpful, but bet- Social Security trust fund, and what River. But, unlike a lot of rivers, the ter than nothing HMO reform to give they have not done for education and Tijuana River flows north into the patients some little bit of rights, no- what they have not done for average United States. where near what we would have done working families. Now, that normally would not be a on the majority side or even some Re- Shame on the Republican Party. problem, except for the problem that publicans wanted to do on their side f Tijuana has been growing so fast, a lot and were blocked by their own leader- of it by economic development, that ship. The Senate has denied that. FOREIGN POLLUTION AT the sewage lines are broken and are So there is no agreement between the AMERICAN BEACHES flowing into the Tijuana River, flowing Republican leaders of the House, the The SPEAKER pro tempore. Under a through the Tijuana estuary and pre- Flat Earth Society, and the Republican previous order of the House, the gen- serve, and going up into the surf zone leaders of the Senate, those who are tleman from California (Mr. BILBRAY) for the United States. sometime in the era of Christopher Co- is recognized for 5 minutes. Now, you understand, these beaches lumbus and discovered the Earth is Mr. BILBRAY. Mr. Speaker, let me have been impacted for 20 years. Well, round, but not much further ahead of just say to my colleague as somebody the Federal Government has told us, H10532 CONGRESSIONAL RECORD — HOUSE October 11, 1998 and I will tell you this as a young quit finding excuses to vote no on ev- date that you take this special edu- mayor of 27 years old, I was told by the erything that comes before this floor. cation pot and take care of these chil- Carter administration, that is how far f dren. this problem has gone, that, Mr. The SPEAKER pro tempore (Mr. So they did. They mandated that we do it, and guaranteed, let me just tell Mayor, we don’t want to do anything HAYWORTH). Under a previous order of that may be embarrassing to Mexico, the House, the gentleman from Hawaii the Members, they guaranteed that they would fund up to 40 percent of this because we are trying to close a deal on (Mr. ABERCROMBIE) is recognized for 5 oil. minutes. total amount of money that was going I would just ask my colleagues on to be given to run this special edu- both sides of the aisle to consider the (Mr. ABERCROMBIE addressed the cation program. fact that someone said we do not want House. His remarks will appear here- So far, and I have been here in Con- to confront a major corporation with after in the Extensions of Remarks.) gress 12 years now, under the Demo- polluting our water because it might f crats they never raised anything. They embarrass them. THE FEDERAL ROLE IN FUNDING got up to 7 percent and that is where I do not think my colleagues on the FOR EDUCATION they stopped. They never got any high- other side of the aisle would ever stand er. They were supposed to come up for their neighborhoods being polluted, The SPEAKER pro tempore. Under a with 40, and promised us in blood, we and in fact would not support allowing previous order of the House, the gen- will give you 40 percent of the costs, $200 million of taxpayer funds to be tleman from North Carolina (Mr. but they never did. They never got up wasted or not put to appropriate use. BALLENGER) is recognized for 5 min- over 7 percent. Really, we took control $200 million is going to be spent by the utes. 4 years ago, and we have increased it to taxpayers of the United States to ad- Mr. BALLENGER. Mr. Speaker, I 11 percent. But stop and talk about a dress this problem, and the problem is think everybody has heard that great mandate, this program is underfunded continuing. and wonderful quotation about ‘‘We are by $10 billion. Now, what was the resolution voted from the Federal Government and we The President has come along with a against by all but 28 Members of the are here to help you.’’ great and wonderful idea, 100,000 new Democratic Caucus? The resolution I don’t know how many are old teachers. Can Members imagine how said if Mexico does not stop polluting enough to remember the good old days they are going to fund these teachers? U.S. waters, Congress will take a look before the Federal Government got Why in the world, if they are coming at our treaties that relate to Mexico. into funding the education program up with all these brilliant ideas, do we Can you imagine that being so out- that we all have throughout our coun- not fund programs that we have al- rageous, that if the pollution keeps try. I think, unless I am mistaken, ready brought up? going, we are going to continue to shut since they got in there and we were The fact of unfunded mandates is one it down? That we are just going to ig- taking test scores and things like that, of the major things. I was a county nore it, because we do not want to even the grades have gone down. commissioner for 8 years. We spent look at our treaty obligations? The Federal Government’s assistance time after time trying to figure out, if I do not believe my colleagues who has been fabulous. They come up and we took the Federal money, what were voted against this bill read the bill or say, we are going to give you 6 percent the strings they were going to put on it understood the bill, and I do not be- of all your funding. That is what they and make us do? If we wanted money lieve that all but 28 Members of the have done so far. Six percent is all the for a sewer but we had to apply for Democratic Caucus believes that they Federal Government gives us in fund- water, we could not use it for whatever should vote no to clean up the sewage ing education at the local level, but is necessary. At one time under Presi- problems and the pollution problems they give us 100 percent of the rules dent Nixon, they decided to open it up along our border. and regulations by which we have to and let them take Federal money and operate. do with it what they thought they real- b 1615 I know at this particular time, back ly needed, but that is not the way it I do believe they got wrapped up in in the 1960s, I kept trying to tell peo- operates still. this partisan bickering this week that ple, do not accept Federal money be- We passed that program several years says if a Republican proposes it, let us cause it will come with strings, and ago, just a couple years ago, about un- vote against it. They voted against it, you will not have the slightest idea funded mandates. Let me say, they are even though it was against the envi- what they are going to tell you to do coming along now and telling us how ronment. the next day. But they did. much they are going to help us with I would ask every one of them to go It was not too long ago, I think about construction of schools. The Federal back to their constituents and say, 6 or 8 months ago, or maybe when we Government is going to step into this citizens, I believe that our treaties first came in and got control of Con- and help get school construction start- with Mexico are more important than gress, we decided that somebody, some- ed. the environment; that Washington where, ought to come up with the idea I do not know if Members have ever should continue not to address this of preventing unfunded mandates. heard of a thing called the Davis-Bacon issue comprehensively, that Washing- Let me give Members an idea of un- Act. The Davis-Bacon Act says if there ton should find excuses for Mexico pol- funded mandates. Unfunded mandates is a dollar’s worth of Federal money in luting our waters. are what the Federal Government says any construction, they must pay what Mr. Speaker, no one in this House you have to do if you accept their is a little higher than union wages. In has worked longer and harder at work- money. So here we are, accepting 6 per- an area like mine in the South, and we ing with Mexico, at taking care of this cent of the money from the Federal are a right-to-work State, if we accept- problem. But we do not solve problems Government, and they come up with ed a dollar’s worth of Federal money to by ignoring them or walking around new ideas. One of the ones they came construct schools in our State, it them. I have dear colleagues on this up with, and I am not saying that this would cost us 30 percent more. side that come from my State that I particular idea was terribly wrong, it is In other words, if we wanted to build will continue to work on pollution called IDEA. It is the Individuals with a $1 million school and we accepted the problems with, but because we got so Disabilities Education Act. Federal money, because of the addi- wrapped up in the partisan bickering, Basically, what it was is children tional labor costs, it would cost us we had votes that were totally con- with disabilities were not getting a $1,300,000, a complete loss of $300,000 trary to the historical facts, and dese- proper education, so the Federal Gov- worth of local money because we ac- crated our environment. ernment, being thoughtful and think- cepted something from the Federal Mr. Speaker, I would ask my col- ing of what was right and what was Government. leagues on both sides of the aisle, put wrong, decided we are going to man- All of these great and wonderful the partisanship away. Let us vote for date to you folks back home in your things about the 100,000 teachers, and our children, our environment, and school system, we are going to man- helping us with schools, all of this is October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10533 going to cost money from somewhere, we cannot reach that middle ground cost of educating a special education yet the Democrats and the President because, he says, the Republicans are child, a child with special needs, 40 per- have promised, they have guaranteed failing to pass his education initiative. cent of that cost is supposed to be the elderly, and I happen to be one that It really is sad that the dialogue in borne by the Federal Government. The collects Social Security, they guaran- this country becomes partisan and no remaining 60 percent is supposed to be teed us that they are going to protect longer holds the truth. In this case, the picked up by the State and local gov- Social Security come hell or high Republican record on education is one ernments; 40 percent Federal, 60 per- water. They are going to take care and that the Nation should be proud of, and cent State and local. make sure that it is untouched. Yet, one that the President actually, I be- That is what the law says, in theory, just in the education programs alone, lieve, supports and has supported. passed by the Democrat Congress and they have to be spending billions and In the 105th Congress, in this Con- Congresses before the 104th Congress. billions of dollars that we do not have. gress, this Congress has sent the Presi- But what is the reality? The reality is So where do they get the money? The dent seven different measures which he that when the Republicans took con- money obviously has to come from the has enacted and signed into law: The trol of this Congress, only 6 percent surplus. There is, everybody knows, no Higher Education Act, the Special Edu- was being funded by the Federal Gov- surplus. It belongs to Social Security, cation Fund, the WorkForce Invest- ernment. Now we have moved that up so anything we do is basically Social ment Act, the Loan Forgiveness for to 12 percent, but we are falling mil- Security money being used by the New Teachers Act, the Quality Teach- lions of dollars short. This list shows Democrats to fund their favorite ing Grants Act, The Emergency Stu- how many millions. We are falling dream. dent Loans Act, and The Prohibition short in Los Angeles Unified District f on Federal Tests Act. by $60 million every single year. We also have seven additional bills The SPEAKER pro tempore. Under a Mr. Speaker, I urge my colleagues, if waiting for the President’s signature: previous order of the House, the gen- we will fund IDEA, the districts can school nutrition, charter schools, qual- tleman from Tennessee (Mr. GORDON) is take care of their own education needs ity Head Start, vocational education, recognized for 5 minutes. without passing the President’s Fed- Community Service Block Grants, $500 eralization initiative. (Mr. GORDON addressed the House. million plus for special education, and f His remarks will appear hereafter in the Reading Excellence Act. This is a The SPEAKER pro tempore. Under a the Extensions of Remarks.) record of which every single American previous order of the House, the gentle- f should be proud, a record of the Con- woman from California (Ms. LOFGREN) PARTISAN DIALOGUE ON EDU- gress doing its job to fund education. Yet, I was saddened to hear in the is recognized for 5 minutes. CATION NO LONGER HOLDS THE (Ms. LOFGREN addressed the House. TRUTH President’s radio address yesterday this issue made partisan. The Presi- Her remarks will appear hereafter in The SPEAKER pro tempore. Under a dent, it seems, wants his ideas imposed the Extensions of Remarks.) previous order of the House, the gen- on education. What does he want spe- f tleman from Arizona (Mr. SHADEGG) is cifically? Number one, he wants na- The SPEAKER pro tempore. Under a recognized for 5 minutes. tional testing. Number two, he wants previous order of the House, the gen- Mr. SHADEGG. Mr. Speaker, we are new teachers, 100,000 new teachers, but tleman from Georgia (Mr. LEWIS) is all aware this is a Sunday afternoon. he does not want them hired under recognized for 5 minutes. As one of my colleagues noted earlier, Title I, the existing Federal program (Mr. LEWIS of Georgia addressed the we would rather be somewhere other that funds the hiring of teachers. House. His remarks will appear here- than here. I, for one, would like to be He wants them in a new program, the after in the Extensions of Remarks.) home with my family, and with my Bill Clinton new teachers program, and f children. I would have liked to have he wants 5,000 new classrooms. He The SPEAKER pro tempore. Under a been there last night, when he played wants those in the Bill Clinton New previous order of the House, the gen- goalie for his soccer team for 2 games Federal Teacher Construction Class- tleman from Texas (Mr. GREEN) is rec- in a row, because the other goalie was room Act, so that he can have his name ognized for 5 minutes. out sick or had an obligation. But in- on it. That is what this issue is about. (Mr. GREEN addressed the House. His stead, we are in Washington, D.C. Yet, let us look at the record, be- remarks will appear hereafter in the working on the Nation’s business. cause the record is one in which Repub- Extensions of Remarks.) I noted with interest the President’s licans have an excellent record on edu- speech yesterday. The Nation’s busi- cation, and in which the history of edu- f ness at this point is finalizing our cation is actually quite sad for the The SPEAKER pro tempore. Under a budget process and coming to agree- Federal Government in total and for previous order of the House, the gen- ment. Yesterday we held a little press the Democrat Congress in particular. tleman from Washington (Mr. DICKS) is conference out on the steps of the Cap- Let me talk specifically about the recognized for 5 minutes. itol. We called on the President to join issue of special education. We all un- (Mr. DICKS addressed the House. His us, to join us in resolving our dif- derstand special education. We under- remarks will appear hereafter in the ferences in getting the Federal Govern- stand the IDEA Act. We have talked Extensions of Remarks.) ment funded for the next year and to about it. I recall very distinctly stand- f move on with the Nation’s business. ing on this floor last year and fighting Unfortunately, we have not been able for more funds for IDEA, for funding CONGRESS ACHIEVES LITTLE, to achieve that because there is dis- for children with special education WHILE EDUCATION NEEDS IN agreement. needs. AMERICA ARE GREAT We should not set aside our prin- Let us talk about why I was fighting The SPEAKER pro tempore. Under ciples. We disagree legitimately on the for that, where this Congress stands the Speaker’s announced policy of Jan- scope and role of the Federal Govern- and where this country is, and why uary 7, 1997, the gentlewoman from ment. We believe that we need a small- what the President says he wants is Connecticut (Ms. DELAURO) is recog- er Federal Government. The other side not what this Congress did under Dem- nized for 60 minutes as the designee of believes we need a larger Federal Gov- ocrat leadership, and is not what this the minority leader. ernment. We believe we need more Congress is even doing now when we Ms. DELAURO. Mr. Speaker, let me local control. The other side believes are trying to get funds into special just make one comment, to start off we should federalize almost all of the education. with. First of all, let me just thank my issues. Let me make this very clear. Current colleagues who are here this late after- We have reached a point, though, Federal law, passed under a Democrat noon on a Sunday. There has been a lot where we must find a common middle Congress, says that 40 percent of the said on the other side of the aisle about ground. The President has decided that cost of educating, that is, the increased wanting to be home with family, and H10534 CONGRESSIONAL RECORD — HOUSE October 11, 1998 that we are here working. We all would would be unusual for live C–SPAN cov- bureaucracies, calling 800 numbers, love to be home with our families ering the House on a Sunday afternoon. pleading so that they can have their today and yesterday, and for a holiday But the fact of the matter is is that parents have an MRI so that they can tomorrow, but let us put this in the Congress is stuck in Washington, D.C. diagnose whether or not they might context of what we are talking about, because the Republican Congress has have a tumor or not have a tumor or so the reason that we are not home. failed to finish its work for the year. that they can do surgery or not do sur- The reason is very simple, that this They have failed in the grossest fash- gery. is a Republican-controlled Congress ion possible. They are constantly told by the HMO that in fact has failed to get done the They were supposed to have a budget bureaucracies, wait 30 days, let us see very basics in terms of legislation and on October 1. There is no budget. They if it cures itself. Rarely, ladies and gen- process that our Federal Government were supposed to have finished the ap- tlemen, do tumors cure themselves. relies on. Do not take my word for it. propriations bills to run the govern- Rarely do these kinds of things happen. The statistics are all there. This is a ment of the United States and conduct But the HMO is trying to save money. Congress that has worked the least our obligations. Only six of the appro- So the American public was asking number of days in decades, 108. It has priations bills have been passed. The the Congress, help us put doctors and been said that regular people, real peo- major ones have not. They have, so far, patients back in the control of health ple, over 250 days they have worked, been unable to get them to the Presi- care. That was not done. hard work every single day. dent of the United States. Campaign finance reform. The Amer- They have enacted the least number As the gentlewoman Connecticut has ican public was astonished 2 years ago of bills in decades. They have not even pointed out, this is a Congress that has at the campaign finance scandals, the passed a budget, and that is the first only worked 108 days so far this year. amount of special interest money com- time. I do not keep the records. They The average American have worked ing into our campaigns. The Congress have not passed the budget, and that is somewhere around 250 days to this day. refused to act on that agenda. the first time since the budget process Many people in my district and others Tobacco legislation to try to stop in the United States was created. working, out of the 283 days, some- teenage smoking to try to recover Think about that, Mr. Speaker. They times working almost the full 283 days health care costs that we spent with have failed to pass even routine spend- as so many people work Saturdays and people who received cancer from smok- ing bills on time. Sundays along with the 5-day week. ing. The Republican Congress failed on I want to make one more comment But this Congress decided that it that to protect the environment. before I yield to my colleagues who are could come in on Tuesday at 5 o’clock Again, as the Washington Post said, here. It has also been said on the other most weeks, Monday at 5 o’clock, and that no serious problems were ad- side of the aisle that the President has it can leave on Thursday. It can leave dressed, and no serious environmental not been engaged in the process. I want on Wednesday. It would not come in at problems either. In fact, they said the to send to my Republican colleagues a the end of the August break. It would great success of this Congress was very simple book that is called ‘‘How stay out an extra week. The result is doing damage control against the Re- Bills Become Law’’ in this country. they simply have not done their work. publican agenda to eviscerate the envi- Every child in our school understands They have not done their work for ronmental laws of this country. the process. That is that the House and another reason also, and that is point- So that is why my colleagues and the Senate must determine what gets ed out in the Washington post this myself are on the floor here on a Sun- done in a piece of legislation before the morning in their lead editorial where day afternoon, because the Congress, President signs that piece of legisla- they simply say that the Republicans the Republican Congress, I should say, tion. had no agenda for this year. we have had this agenda. We have pro- The Republicans were coming to b posed legislation. The Democrats have 1630 town just to manage the Congress to proposed all this legislation. The Re- I will tell my colleagues that this Re- try to keep the numbers that they have publicans have refused to enact it. publican-controlled Congress has not so that they can retain the power in They refuse to the work. brought the bills together so that, in the Congress, but they really had no So now we find ourselves here on a fact, the President could act on it. So agenda for the American public. Sunday afternoon, we find ourselves he is waiting for this crowd to get its The tragedy is that the American with no budget the first time since act together. public had an agenda for this Congress. 1974, and with many of the important One more point, I will say that there The American public had an agenda of appropriations bills not passed and an are Democrats and Republicans in this improving public education, of asking important agenda dealing with prob- body. What we need to know and un- the Congress to help local school dis- lems in this country not addressed by derstand is that, in fact, yes, the ma- tricts rebuild crumbling schools to this Congress. jority party controls. When there is make them technologically competent, Ms. DELAURO. Mr. Speaker, I yield that control, that means that they to deal with the education of our chil- to the gentleman from California (Mr. have charge of the calendar; that is dren, to make them safe for our chil- FARR). what bills come up, what bills do not dren, to go and to repair the falling Mr. FARR of California. Mr. Speaker, come up. They are in charge of the ceilings and repair the roofs, to try to I thank the gentlewoman from Con- schedule of when we do what we do. help out the local communities. necticut (Ms. DELAURO) very much. The long and the short of it, they are Local communities are doing this. She has really brought us together. in charge. They are responsible for leg- But many communities need additional It is interesting today. We have the islation that gets accomplished or not help. They are just simply too poor to Congress Member, the gentlewoman accomplished in this body. do that. The American public had an from Connecticut (Ms. DELAURO) and Do not let them get away with saying agenda to try to help get HMO reform, the gentleman from Connecticut (Mr. that it is other people’s fault. to get a Patients’ Bill of Rights so that GEJDENSON), the gentleman from New Mr. Speaker, I yield to my colleague, patients and doctors would once again Jersey (Mr. PALLONE). Congress Mem- the gentleman from California (Mr. be in control of their health care so bers from the West coast, obviously we MILLER). that, when the doctor says you need an could not get home this weekend, those Mr. MILLER of California. Mr. MRI or the doctor says you need a pre- of us from California, Oregon and Speaker, I thank the gentlewoman for scription of a certain drug, you get Washington. yielding and for the points that she has that because your doctor who has been We are here to talk about that this made. trained in medicine knows best for you. year is the 105th session of Congress. It might seem unusual to our visitors He knows your care. He has watched We should have been home, adjourned in the gallery that, on a Sunday after- you as a patient. He understands your sine die, all the business done. If this noon, they would see Members of Con- problems. were a school year or business year, we gress on the floor of the House, or to What do we have today? We have doc- would be over, and everything would be people who are watching C–SPAN, it tors getting on the phone and calling done. October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10535 Here we are on a Sunday afternoon peace at home. We cannot have peace overcrowded, and there are trailers talking about the failures of this Con- at home until every father and mother, parked on what used to be the play- gress and particularly the failures in every parent of every child in this ground because there are too many education. If the story is going to be country has satisfaction that the kids to fit in the school. written about education and the GOP schools they are sending their children If they went inside the school, the leadership on education, I think the to are safe, sound, and excellent cen- public schools, they would find that headlines would say ‘‘Republicans: Un- ters for learning. We get there from the classes were about twice what they derachievers and proud of it,’’ because here unless we adopt what the Presi- were when they were kids when they they have never been able to put to- dent of the United States asked this went to public school. A lot of people gether a substantive program for edu- Congress to do. on the other side of the aisle did not. cation to really address the needs that Mr. Speaker, I commend the gentle- They would see that the teachers are have been unmet: the unmet needs of woman for allowing us to have this carrying more classes and working school buildings that need money for time to discuss that. harder. There is no counselors anymore construction and repair, the unmet Ms. DELAURO. Mr. Speaker, I want in most of the schools. They would sup- needs for new teachers, the unmet to thank the gentleman from Califor- port the President’s initiative to help needs for educational opportunities, nia (Mr. FARR). add teachers to the schools, reduce zones to provide in those hardest of Mr. Speaker, I yield to the gentleman class size, and rebuild our crumbling areas sort of an involvement to really from Oregon (Mr. DEFazio). schools and make them safe for our deal with the root causes of people un- Mr. DEFAZIO. Mr. Speaker, I thank kids. able to get a good education, expanding the gentlewoman for yielding to me. But they tell us there is no money to the access to after-school learning, and Mr. Speaker, Congress is still in do that. There is no money to do that. expanding access to educational tech- Washington, and we are here on a Sun- Wait a minute. Was it not the same nology. day because the Republican leadership leadership here on the House side just They have all been the bills that the has simply failed to do their job. It is a couple of weeks ago who jammed President asked us. As the gentle- quite simple. For the first time in a through tax cuts that were paid for by woman pointed out, the President quarter of a century, since the adop- raiding the Social Security Trust comes here and addresses the Nation tion of the Budget Act, Congress has Fund, otherwise known as the budget every year and, in that speech, outlines failed to adopt even a first budget reso- surplus? lution. what the goals for this Nation should b 1645 be. He proposes to this Congress. The leaders of the House, otherwise We are supposed to dispose. The only known as the flatterer society, and the They could find money to do that. way we can dispose is to put our cards leaders of the Senate, perhaps a slight- They could find money to cut taxes in in that slot right there and around this ly more progressive group recognizing an election year favoring the usual sus- room and get the majority vote of 218 the shape of the earth, have failed to pects. But no, there is no money for votes. agree on the basics of a budget. the schools and the kids and the teach- Here today we hear the Republicans The leaders of the House want to ers. They say there is no money. attacking the President of the United have a huge tax cut raided from the So- Look at the Department of Defense States for traveling, traveling on inter- cial Security trust funds. The leaders appropriation this year. It adds $4.1 bil- national business. I mean, he has had from the Senate somewhat prudently lion, not million, billion dollars of pork incredible successes in China, incred- have not decided to do that. projects that were not requested by the ible successes in Europe, incredible But, then again, the leaders in the Pentagon. This is the same Pentagon successes in Latin America, and he is House, when confronted with anger that has now come up to the hill and being criticized for it. He does not have across America from people being de- said, we need more money, we need gas to be here in this room to get his busi- nied essential care for themselves and for the tanks, the soldiers do not have ness done. their loved ones, and physicians even ammunition, the housing is crumbling Members of Congress have to be here. rising in anger when they are being de- for the enlisted ranks. I want to take Where are they? They are not getting nied tests and care that they know care of those things, but guess what, the business done. So the leadership of that their patients want, with all that the Republican majority already spent this House, the Republican leadership pressure, the insurance industry, which that money. They spent it on pork of this House should be ashamed of the pretty much sponsors the other side of projects that the Pentagon did not ask fact that we are here overtime without the aisle at election time, could not be for. But they tell us there is no money a budget, underbudgeted for education, fully protected. for the kids and the schools and the and not meeting the felt needs, the de- So they passed, better than not, but teachers. sires of the men and women who have not much of a patient and providers Now, somehow they can find money sent us here to provide what is essen- bill here in the House, an HMO bill. for the mythical space station that we tially the only thing that the Federal But even that was too much for the are building with the former Soviet Government can do, and that is that leaders in the Senate because it might Union. This thing is only about 2,000, safety net for education. jeopardize their fund-raising with the 3,000 percent over budget, 10 years be- We hear the debate here on the floor insurance industry in a year when they hind schedule. We keep pretending that that we do not want safety nets any- hope to make big gains in the Senate. they are going to build parts of it over more. We want to just privatize edu- Of course tobacco, well, that did not there. Now we have to pay them to cation. When the schools of the Dis- go anywhere on either side with the build parts of it over there, in addition trict of Columbia came up for funding, Republican leaders, despite the fact to building the parts over here, but Congress did not approve that funding that the American people are appalled pretending they are building them over and turned around and said we want to to see the rise in teenage smoking and there. It has no mission. There is $40 privatize this education. what that will yield 10 and 15 and 20 billion over the next 10 years. But What my colleagues are saying is years down the road. there is no money for the schools and this voucher system. It did not work in So here the Congress has no budget, the kids and the teachers. What is California. It was rejected there. They many major bills denied. But at least wrong with these people? What is want to ram it down our throats and we could salvage something. We could wrong with them? Where are their pri- say, ‘‘Californians, you were wrong. We salvage the President’s education ini- orities? are going to give you vouchers whether tiative, something that all Members of Well, they do have some priorities you like it or not.’’ Congress, no matter what side of the when it comes to education. Eliminate It is time that we, the United States aisle they come from should be able to the Department of Education, priority Congress, go back to the basics of this agree upon. number one. Divert billions of dollars country, go back to what supports the They should be able to go home to from public school funding to private domestic tranquility. We cannot have their own districts and see the fact school vouchers. That is their answer peace around the world until we have that the schools are crumbling and to the crumbling public schools. And H10536 CONGRESSIONAL RECORD — HOUSE October 11, 1998 the large class sizes and the lack of trained and better educated. And if we a little bit so that they could say they public funding, take that money and do not invest in education, we are not lowered the cost. The fact of the mat- give it to the private schools. Cut going to have the kind of future that ter is, this whole year, I serve on the school lunches for poor kids and end we want for all of our children. Committee on Education and the equal opportunity for higher education. We need to make sure that we are Workforce, this whole year they have Cut student loans, give higher sub- here working on things for the people. fought on behalf of the banks to retain sidies to the banks so they will give The Speaker has a new club. He got the ability of the banks to suck money some student loans. in enough trouble with his last set of out of the student loan program, to Mr. GEJDENSON. Mr. Speaker, I just clubs. This new club is the Speaker’s take it out in fees, to take it out in think that it is interesting where the people call you up and they tell you higher interest rates. And what does priorities are, as the gentleman points you have just been appointed to a that do? That just means for more stu- out. I am sorry I offended the gen- panel. You are on an advisory panel for dents they have to work more hours or tleman earlier today about the inten- the Speaker of the House. Then they they cannot go to college or they have sity of my statement. Frankly, when I want you to send in, $1000, $2000, $3000. to defer it or take fewer units, costing find friends and relatives and constitu- They talk about the President fund- their families more and more money. ents losing their health care, dying be- raising. What they do not tell anybody So it is just incredible that they cause of bad health care, it does bring is they have a several hundred million would spend 2 years, at a time when we out an emotional response. It is infuri- dollar advantage in almost every ac- had a chance to dramatically lower the ating and frustrating. But then when count. cost of student loans, they fought us at you look where they are putting their At the end of the day, the people every turn. They fought us at every ef- efforts, instead of trying to deal with know what this fight is about. They are fort we made either to consolidate HMO reform, trying to make sure that trying to make sure we do not focus on loans or to reduce the interest rates on seniors do not get bumped out of their health care, on education, and retire- loans. They just fought for the banks. managed care health care, they are ment security. They would rather have It is what they have spent their time trying to get oil companies extra us talk about anything than the things doing in this session, as you pointed breaks in the royalties they owe the that affect the people. Time enough to out. They have fought in this session taxpayers of this country. give big tobacco a tax break. Time for every special interest. They came to this Congress saying enough to give oil companies some of But they missed a really very simple they wanted to run it like a business. their royalties that they should have agenda for the American public. Take You tell me what business takes the paid us. Not enough time for average care of our health care. Make sure our family assets, the family owned oil re- citizens. That is what is wrong with doctor can prescribe what we need, pro- serves and says, let Exxon walk away this Republican Congress. vide a minimum wage so that families with a little more of it. They spent Mr. DEFAZIO. Mr. Speaker, the gen- can support themselves, get rid of the time here, when they could not get any tleman forgot a couple highlights of teen smoking and recover the money of the education product done, they got things they did propose. They did pro- that tobacco companies have taken a $50 billion tax break for the tobacco pose elimination of the School to Work from this country because of cancer companies, snuck it in a bill, lo and be- program for high school students. I and tobacco. Give our children a hold, when we found out even they suppose somehow in their world that is chance to get a world class education were unable to keep it there so we re- going to better prepare our students in a safe school by reducing class sizes, pealed that tax break. They gave, for employment after school and to by repairing the buildings, by having again, a $50 billion tax break to to- compete in the world economy. Beyond high standards for our teachers, high bacco companies. me. I wish they would come down here standards for our students and ac- On health care, they spent more time and explain that. I thought it was a countability for the school districts trying to make sure that unmarried pretty good thing to have school to back to the parents. couples in San Francisco could not get work opportunities for high school I had a provision in one of the bills health care provided by their commu- kids. In fact, my State has embarked and they fought me on it. I said, par- nity than they did in trying to protect statewide on a program to bring that ents ought to know the qualifications the health care of the rest of us. And if about. of the teachers that teach their stu- you go to education, the President They have also eliminated in school dents. Is this teacher qualified to teach seems to be able to figure things out in interest subsidy for student loans. I your student history or mathematics a way that works and a way the Amer- borrowed a bunch of money to go to or biology? They fought that effort. ican people understand. college. I thought it was a lot of money This is not a complicated agenda In the area of crime, the President when I graduated. I owed about $12,000 that the President brought to this Con- said one of the things we need is more when I got out. I am talking to kids gress, that the Democrats have people on the street. That is how we all now getting out with bachelor’s de- brought to this Congress, but more im- grew up. There was a cop on the corner. grees from higher education with $25- portantly, that the American people You got to know them. They knew and $30,000. have brought to this Congress. Because what was going on. The President says, Mr. MILLER of California. The gen- the gentleman from Oregon points out, we want 100,000 cops. They say, that is tleman raised the point of student most of their time has been spent here terrible. They were against the 100,000 loans. The President just signed the on these efforts on behalf of special in- cops. It took them 3 years. The public higher, reauthorization of the Higher terests trying to protect little nuances was on board. Every first selectman Education Act. The tragedy of that bill and tax breaks and special deals that and mayor was on board. The police is that the Republicans fought us for allow them to go around the public in- chiefs knew it worked. The Repub- the last 2 years at every turn where we terest. I appreciate the gentleman rais- licans were still swinging around with had the ability to make it less expen- ing those points. guys who were against the crime bill. sive for students who graduated from Mr. DEFAZIO. To go back to the stu- Then they figured that one out. college to consolidate their loans, to dent loans for a moment, because that I do not know when they are going to save hundreds and hundreds of dollars is something that I am pretty exercised figure out the education one. Let me in interest costs, to refinance those about, there was an absolutely Titanic tell you something, the United States loans at lower rates. They fought that struggle here on behalf of the banks to is in a very competitive international effort even when the administration say, the bankers actually came in to market. It is in chaos now. We will now tried to do it again this year, the Re- me and I said, I always thought the compete with countries that instead of publicans came down on them like a theory of interest was that there was paying 15 cents for every dollar an ton of bricks. risk. With these student loans, the gov- American makes, we will be competing Then when we tried to lower the cost ernment guarantees that you get 100 with countries that make 2 and 3 and 4 of student loans, the Republicans percent back no matter what happens, cents for every dollar an American fought us the whole way, finally agreed plus your interest, no matter what hap- makes. Our workers have to be better to lower the cost of student loans just pens. The student dies, goes bankrupt, October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10537 leaves the country, you will get it Mr. DEFAZIO. Mr. Speaker, I said the benefit, but if you are willing to come back. So why are the interest rates so people watching. I did not say you, the here, we will take you in on that basis. high? people watching. I did not attempt to Last year we passed the bill and we Their eyes got big and they looked at garner their attention directly. said we need 60,000 of those people in me and said, well, very profitable. Yes. In any case, the point is made. the United States next year. Lo and be- Guess what? We can charge the stu- Ms. DELAURO. Mr. Speaker, I thank hold, industry in this country was so dents 8, 9 percent interest for loans the gentleman from Oregon, and I yield desperate for trained people that we that are guaranteed by the Federal to the gentleman from Washington had used those 60,000 visas by the 1st of Government. So after much pressure (Mr. MCDERMOTT). July. So in come the Republicans and from our side and from the parents and Mr. MCDERMOTT. Mr. Speaker, I say, we need 150,000 more. We have to the families and the kids, the Repub- thank the gentlewoman from Connecti- go out into Poland and Czechoslovakia licans had to lower the interest rate cut, who is doing a real public service and Germany and India and Cambodia just a little bit for the kids, but they in coming out here and organizing this and we have got to find these 150,000 gave an additional subsidy to the effort to talk about education. people and let them come in here. banks. So the banks are still going to As I listen to this education business If you think about that, what that get a guaranty of 100 percent repay- about loans, I think about my own cir- says is we are not training enough peo- ment. They are still getting obscenely cumstance, my own family. My sister ple in this country to fill the jobs that high interest rates. Interest rates are told me that she will be 54 years old are available. These are not $5 an hour falling through the floor and the banks when she gets through paying off her jobs flipping hamburgers in some fast are getting an increase in the interest loans. These are loans that were for a food joint. These are in my district at rates and the kids are not getting the PhD at the University of Chicago in Microsoft where we pay 30, 40, 50, loans. the 1970s. She is going to be paying $60,000 to these people, and they cannot Direct student loans, take out the until another 6 or 7 years. find an American who qualifies for that middlemen. What do we need the banks When interest rates have fallen, all of job, so they have to go to India, or the in the middle for? Why should we guar- us who have a house, we go out and we Ukraine, or Uganda or somewhere and antee the loans and give them a sub- refinance our loan. We drop our inter- find them. sidy and give them those high interest est rate. I bought a house at 8 percent. So when the President says that the rates and take the money out of the I am now down at 6 percent. And I save focus of this country and this Congress kids’ pockets? If we had direct student myself all kinds of money. ought to be developing an educational loans through the institutions, through A student cannot do that. You can- system that prepares our kids for the the kids, like I got when I was in col- not refinance a student loan. If they jobs of the 21st century, he is talking lege, another 600,000 kids could get stu- really cared about children in the mid- about making Americans available for dent loans of $4000 or $5000 this year, if dle class, they would make it possible those H–1B visas. The problem in poli- we just took out the banks’ profits. for you to refinance the loan. You can tics is that a lot of times we always They say, that is too complicated. do it if you have a house. You go in and think in 2-year terms or maybe 4. We They said we tried to do an experi- you get a home improvement loan and do not think about the fact that we are ment. It did not work. Ross Perot was you use that home improvement really sewing the seeds for 20 years running the program. money to pay off your college loan. from now if we don’t educate our kids, But it can work, and that can be a Then you pay at 6 percent and you get if in those first 3 years we do not learn much better way of doing this. And you tax deductibility. That is how they to read. Then they are not going to can give more kids a higher education. make people work around the law and know how to read a computer, ma’am, I just want to make one other point put the students out there and let the when they get an opportunity to work before I have to leave. The gentleman banks squeeze them endlessly. as a computer operator, or as a pro- touched on this. From what they have As I was sitting here thinking about grammer. not done, by not reforming HMOs and this whole education thing, I was If they do not learn basic math—my the insurance industry, from what they thinking about what is a democracy daughter teaches in the Seattle have not done in terms of dealing with based on? A democracy is based on an schools. She teaches sophomore reme- teenage smoking, from what they have educated electorate. If you do not have dial math. She said to me, dad, you not done in terms of raising the mini- people who are educated and can under- can’t believe how many kids don’t mum wage or protecting the environ- stand and participate, you lose the de- know how to use a ruler. She has to ment, they have gotten some very rich mocracy. And we have done some take them out in the parking lot and and powerful friends. And those rich things here in this last couple weeks say, all right, now here is what a ruler and powerful friends are rewarding which are, if you think about them in is about. How big a parking space, so them handsomely. That is why they that context, are very destructive. they measure out the parking space. are in a hurry to get out of Washing- We had a big debate out here about Then she says to them, why is that ton, D.C. now, not because they want how many H–1B visas we are going to parking space this size. The kids fi- to do a good job or get the job done or give. Now, most people do not what an nally say oh, so the car will fit in. So leave with the job done. They want to H–1B visa is because our grandparents they measure the car. Lo and behold, a get home and start spending the ob- or our great grandparents came and parking space is a little bit larger than scene amounts of campaign cash that they just kind of walked in here. But an automobile, a standard automobile. they have piled up. now if you come to the United States, Now when you are taking 15 and 16- I would just ask the people that are you have to have some kind of a visa, year-old kids who come through our watching television today, when they and it either has to be a work visa or system and they do not have the capac- watch those ads come piling out in Oc- you are coming here because your fam- ity to make the logical connections be- tober and up in the first few days of ily has been here and you are unifying tween a ruler and a parking space, you November, when they see them four the family or maybe there is so many have got serious difficulties in our edu- and five to one, as a Democrat, I would could come in from each country. cational system. So when the President like them to think, where did all that says we need 100,000 new teachers to b money come from? Where did all that 1700 get those kids in the first 3 years where money come from? It came from the But we have a special category. It is they learn to add and subtract and do HMOs. called an H–1B visa. This is a visa that fractions and they learn to read and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE we give to people who have a special write. That is what that is all about. It The SPEAKER pro tempore (Mr. skill somewhere in the world. We say, is not about somehow the Federal Gov- HAYWORTH). The Chair would remind we need that skill in the United States, ernment taking over education. It is Members that it is improper to address so we will give you one of those visas, supplementing those school districts in the television audience. Members come on in and work here. You can’t this country, and Seattle has not got a should address their comments to the stay, but we will use you, we can pay bad school system. But we still have Chair. you as little as possible, give you no kids who are not making it, who are H10538 CONGRESSIONAL RECORD — HOUSE October 11, 1998 not getting it, because the schools are an existing worker. There is a lot of tunate. But the most fortunate part of too big or too whatever, and we need to concern among many people who look that horrible situation was that I had a add this kind of thing. at the workforce and say that the issue good education. I had 2 years of col- Now, the other thing is this whole of retraining is one of the most fun- lege. I quit college so that I could help business about school buildings. My damental issues to labor peace in this my children’s father finish school. But daughter is in a school building that country. You cannot go and get some- I had enough education to get job op- was built before the Second World War. body from somewhere else and stick portunities and make those job oppor- When they try and wire for computers, them in a job when there is somebody tunities work for my family and myself God help you. You have to have Rube standing there that could be trained to while I continued to finish my college Goldberg come in to put together the do that. education. Without that education, I wiring to work inside a building that Ms. WOOLSEY. That is right. The do not know where we would be today, was built 50 years ago. That is not the other connect there is that person is because it made all the difference in oldest building in Seattle. There are a being laid off because they are not the world in my self-esteem, and in my lot of buildings, and all over this coun- trained, quite often is a very senior ability to go forward. try, and we say to our kids, well, we worker, needing Social Security. And Mr. PALLONE. If the gentlewoman want to get you ready for a job. But we what are we saying? We are raising the will yield, I am going to join in by do not give them the opportunity to age of Social Security. That is the pointing out my background as well. deal with the very things that they are threat. In order to save it, privatize it, My father, who probably is listening going to have to do when they go out raise the age, give less. But certainly because today is Columbus Day and he into the world. To me, it is a tragedy. do not train workers so they can stay told me he might listen to us. There was an editorial in this morn- on the job. They need that Social Secu- Ms. DELAURO. We were supposed to ing’s newspaper which I think is the rity at the time they will be laid off be marching in parades today, in the one that just stops me sort of some- and it will not be available to them. heart of the Italian-American commu- times. When we look at what we have Ms. DELAURO. Let me just make a nity. spent our time and energy in here, Bob comment before I recognize the gentle- Mr. PALLONE. In New Jersey. That Herbert in the New York Times said, woman from California. The theme is right. My father was a policeman for having been handed the gift of Monica that both of our colleagues were talk- about 25, 30 years and is retired now Lewinsky, the Republicans are running ing about, education in this country from the police force. The same is true. with her. She conceals their real agen- has been the great equalizer. I think it We grew up, we never had to worry da. If they can parlay the Monica mad- is true to talk about the fundamental about anything, but we were middle ness into substantial increased majori- part of our democracy. What I mean by class, went to public school and basi- ties in the House and Senate, they can education being the great equalizer is cally the quality of the education in renew their conservative assault on that youngsters have the opportunity the public school was, I think, as good government and on their subversion of to succeed despite their gender, their as it gets. That is all we are saying. the interests of ordinary working peo- religion, their socioeconomic status, But if I have to go back to that same ple and the poor. political party affiliation. It says that school or other schools in my district You cannot say it any clearer. If the your God-given talent is what is in fact today, you will find that many of them poor, if the lower classes in our coun- that which allows for your success in do not have the money to keep up with try, in the middle class in our country, our society. That has truly been the the plant, as I would say. if we do not come up with ways to give premise of public education. When we talk about this money that them an education, this democracy will I will just take myself for example. I we are looking to see for modernization lead to fascism. You will have to have am the daughter of a garment worker. of the schools, which really is sort of the government with a soldier on every My mom worked in the sweatshops. My the main object, if you will, of what we corner like they do in half the coun- dad sold insurance. They killed them- are asking the Republicans to do before tries of the world. The reason we have selves literally to make sure that I had we get out of here, is that we would a democracy is because people are edu- a good education, so that in fact that I like to get this modernization fund cated. If we do not educate them, we could have opportunities that they available for the local communities. It will have turmoil in this country that never had. That is the same with prob- is not so much that a lot of commu- we are not prepared for. That is why ably the majority of people who serve nities need additional schools or need what the President is saying is that in this body. to build additions to their schools, this is a long-term plan in the best in- Ms. WOOLSEY. If you will yield, I which is true. A lot of them are over- terests of all Americans. will tell you my story. crowded now and they need new I congratulate the two of you for put- Ms. DELAURO. Which is so frighten- schools and this money that we are ting this together. ing in terms of what is at stake when asking for that be appropriated could Ms. WOOLSEY. I would like to have we are talking about public education be used for that purpose. But I find a little dialogue with the gentleman and what this institution and the ma- that many of the school districts just about workers and H1–B visas, because jority party in this institution has re- cannot afford to keep up with tech- something else that is totally missing fused to recognize. nology anymore. In other words, they is some incentive, an encouragement Just one more point. I got the finest need to be rewired for computers, they for businesses to retrain their current education in the same way that any need to have things done so that they workforce. Technology is growing so corporate executive or any scientist or can keep up with the high tech age, so fast and beyond the workforce. Em- any academic could get and was al- to speak. It is very different today ployers are hesitating or refusing to lowed to be able to have the honor and than it might have been 20, 30 years train their existing workers. That the privilege of serving in this body. So ago, or even 10 years ago, where the must be something we do. That is why it is a precious, precious gift, if you local community of course never had we need H–1B visas. One, we do not will, that we need to preserve this abil- an easy time raising the funds to build teach our young people, and, two, we ity. It is values. It is what we prize and the school or renovate the school but do not retrain our existing workforce. what we value in our society is this they did not have all the problems that Mr. MCDERMOTT. Some of us are ability for education. are associated now with all the changes really worried that the H–1B visa is a Ms. WOOLSEY. If the gentlewoman that occur in technology every day. I way around taking your existing work- will yield on this thought, then later I have found that when I go back and I force and raising them up to the level have more words. Thirty years ago my talk to some of the school districts, that you need them, rather, go get children and I were abandoned by their they are just looking for some addi- somebody somewhere else who you can father. My children were 1, 3 and 5 tional help just to make the change- hire for $10,000, $20,000 less, do not have years old. I went to work immediately. over, if you will, to the high tech- to pay for a pension, do not have to pay I had good job skills fortunately. I was nology age. Now, of course there are for health care or anything else and a very healthy young woman. My chil- others that have crumbling roofs. I put them in the job rather than taking dren were healthy. We were really for- have some in my own district that are October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10539 in pretty bad shape where I have been The average age of the elementary to push, but I also think that this pro- in the auditoriums and I have seen the school buildings is 50 years old. More posal, which originally came from water leak through. So there are some than half of the elementary schools President Clinton to hire a hundred that are very decrepit. But you will not regularly hold classes in areas not de- thousand additional teachers, is equal- find a single school district in this signed to be classrooms, including cafe- ly important. And again it is modeled country now, I do not think, that does terias, hallways, mobile or temporary in many ways on the COPS grant pro- not need some kind of assistance be- rooms and storage areas, literally clos- gram where the President has basically cause of all the demands that exist now ets being turned into classrooms. The instituted a program, and we approved on the physical plant of the school average class size was still 23 students, it in Congress, to hire a hundred thou- building. even with the makeshift facilities, sand additional policemen. Let me say Again, I know I hear my Republican which is why we have been talking that that COPS grant program, be- colleagues say, well, you know, schools about reducing classroom size to 18 in cause I heard some of my colleagues on should be local, everything should be the grades from 1 to 3. the other side of the aisle criticize it done locally. We are not arguing that All of the schools that responded said earlier, and I was shocked to hear some the curriculum should not be decided that they had some computers for stu- of the Republicans criticize that pro- by the local school board, that the dents to use. More than 50 percent of gram because I know how effective it local school board should not decide the schools have no computer lab or a has been in my district. We have had, who to hire or what to do on a daily room where there are computers. The almost every community has been able basis. We are just talking about the majority of the schools have no com- to hire additional police because of money that they need, because local puters designated for teachers’ use, nor that COPS grant, and it is a commu- property taxes are so high, it is very is there programing to teach teachers nity program. In other words, the po- difficult for them to get along. So all as to how to teach our kids to use com- licemen have to be put on the beat in we are saying is give us a little down puters, and many schools do not have the community, in many cases tied payment here. Do not rush out of this computers in every classroom. I would into recreation and other programs place immediately without having venture to say that today computers that they work on during the evening done your job. Address the education are becoming like textbooks; where or during off hours. It has been terribly needs, address the need to modernize you have a text book for every child, successful. I have had so many people the schools. If they would just do that, you have to have computers for every in my hometown, in Long Branch, I will be honest with you, all the other child. where I was supposed to be at the Co- things that I would like to see done Let me just make one more point lumbus Day parade today, tell me how here, but if they would just do that, I about modernization because our col- it has made a difference in terms of the would be happy. leagues on the other side of the aisle crime rate has gone down significantly Ms. WOOLSEY. The gentleman is will say the Federal Government wants as a result of this. right on target. If the school needs up- to get involved in construction of Now we are saying we want to model grading and wiring, that is what they schools. Not true. Very simply what we that in the same way. We want to give need. are talking about here is that what the those towns money so that they can b 1715 President’s initiative, what the Demo- hire additional teachers and bring class If a school needs roofs, paint, that is cratic initiative is, and what we like to size down. I think it is either 1 to 3 or what they need, and, if we do not in- have accomplished before we leave K to 3 in the lower grades. vest in those children, in their schools, here, it is to help with Federal tax Now we know that anybody who has what are we saying to them? We are credits to pay interest on $22 billion in been involved in education, I know telling those children you do not mat- bonds to build or to modernize public both of my colleagues who are here ter. We want you to get an education, schools. That helps the local commu- with me today have been, have talked but we do not want it to be the best it nity float the bonds that they need to about this in the past, know in the last could be. And we are not saying, take construct the school. We do not want few years all kinds of research has our Federal tax dollars and wire that to be building schools and have the come out to point out that early child- plug or that particular room; we are Federal Government pay for the build- hood development is so crucial, even just saying, use those tax dollars to ing of these schools, but we want to try down to like 6 months or a few months, benefit our children because we know to provide that local government with zero. And so what we are saying is that they all need a good education. And the opportunity of getting some relief we want to make sure at that early public education makes that possible, on their taxes with regard to the bonds. level, and I mean it is not even that and we want to invest in them. What does that do for the local com- early because we are talking kinder- Ms. DELAURO. Well, interestingly munity? You know what it does for the garten or first grade, but whatever, enough, you know, to further talk local community? It lowers their tax that when these kids start in the pub- about this a bit, is that 90 percent of obligation. That is what we are talking lic schools that they have those small our youngsters are in public schools. about. And it is very simple, it can be class sizes. Now, we do have problems with the done, and we truly do have the obliga- And again, you know, you could talk public school system. No one is sug- tion to make sure that we do this. That to people who say, well, I went to a gesting that we cannot make improve- is what we are calling for: Do this be- one-room schoolhouse and there were ments, which is what precisely we are fore we get out of Washington, D.C. 30 kids in the class. Well, again, things talking about, and in terms of the mod- Ms. WOOLSEY. You know in Califor- are different today. In many ways I ernizing, again the piece that is, it is nia, our very conservative Republican wish that they were like they used to not just about the bricks and the mor- Governor put into place the decrease in be, but they are not. A lot of these kids tar. It is in fact about providing that class sizes for grades K through 3. Well, come to school already with some opportunity for youngsters to be able guess what we found out? We did not major problems, and they cannot have to have a learning environment which have enough certified teachers, we did a class that has 30 kids in it because is a secure one and at the same time not have classrooms, and good that the they are not going to learn anything. have a learning environment which, in idea was, yes, reduce the class size. We So, if you combine the fact that we are fact, plugs them into an Internet to did not have the infrastructure or the trying to reach these kids at a young utilize advanced technology. trained teachers to support even what age, that we have a lot of problems I did a survey, a modernization sur- this very conservative Republican Gov- that need to be addressed today at that vey, in my district. I visited the Or- ernor wanted. young age, you have to bring classes ange Avenue School for a tour. We had Ms. DELAURO. I yield to the gen- down. I think this would actually bring a round table discussion with super- tleman from New Jersey. it down to 18 or so, the average in the intendents about school modernization Mr. PALLONE. As I said, I think that classroom and the country. And I can- needs. There were 71 schools who re- the school modernization is probably not stress how important that is, and sponded, and this is what I found in my the most important aspect of this edu- do not let anybody on the other side own district. cation agenda that we have been trying tell you that the COPS grant program H10540 CONGRESSIONAL RECORD — HOUSE October 11, 1998 was a failure. If we can build on that, instituting voucher programs that ba- ments, this Congress, for the last 30 to we will have another very successful sically take public dollars and give it 40 years, and the result are the prob- program, and, I will say, for not a lot to private schools, and we had to go on lems that they have described. of money. for weeks and months fighting those The problem is that their solutions Ms. DELAURO. I would just say that, proposals. If they had just not wasted are more of the same, more money, you know, when we talk about reduced that time, we would not be in the situ- more big government. ‘‘We know bet- class size, again like modernization is ation we are in today. ter.’’ You heard just 15 minutes ago, not bricks and mortar, lower class size You know some of our colleagues the gentleman from New Jersey, talk- says the following: I am a teacher, I have said, well, you know, it is time to ing about the fact that ‘‘I know what can give more individual attention to go home, we got to get out of here my local school boards need more than each of the youngsters I have in a quickly. They wasted so much time they do.’’ Well, he ought to run for the classroom. Better learning, better trying to attack the public school sys- school board, because that is where the standards, more accountability. And tem. We heard talk again about abol- decisions ought to be made, not here on you know what else? More discipline in ishing the Department of Education. this floor and not by the President of the classroom. Parents today want to You know, again, how can we have any the United States. make sure that their youngsters are in kind of standards or have any kind of For my colleagues and others, let me schools that are safe, in a learning en- supervision of what goes on out there if try to kind of put in perspective where vironment with a teacher who has time we do not have a Department of Edu- we are today. I find it fascinating that to devote attention to them. cation? the President of the United States So, you know, I honestly believe that And you are absolutely right about showed up for the first time to talk to in many ways what the Republican we have a very successful model on his budget people the day before the leadership has been trying to do here is which to base this program, and it is targeted date of adjournment, last to basically break down or even de- one that universally school officials Thursday. That is the first time that I stroy in some ways public education. I have heard or read about that the and administrators and parents and mean, if they are going to spend all teachers are clamoring for. their time and say we are going to take President has met with his budget peo- I think it is important to note, be- these dollars from public education and ple about the spending and appropria- cause we are going to be out of time in give it to private schools, we are never tions bills that we are trying to pass. a few minutes here, that our colleagues going to get to the initiatives that we That is the first time I have heard that will talk about their accomplishments are talking about. this President has been engaged this in education, but I do not think that That is why I get very annoyed when year on anything that is going on in we ought to be fooled by their com- I hear them say, well, we care about the Congress of the United States. mentary. education because we know that their The day of adjournment, on Friday, Child literacy program, America whole history for the last 2 years and the President announces that he is not Reads, zero funding. Summer jobs, zero even for the 4 years that they have going to accept the work of this House funding. Out of school youth, zero been in the majority is to try to break or the Senate unless he gets his edu- funding. School modernization, zero down the system and not allow dollars cation package. That is the first time funding. Class size reduction, zero. New to go to public education. since his State of the Union message teachers, zero. Shortchanging Head Ms. DELAURO. The one thing they that I have heard that he has been en- Start programs, Goals 2000. When they want to do is to return education to gaged in the process. talk about taking the money, Dollars the limited few and the rich instead of This President has been totally dis- to the Classroom, that eliminates using education as that great equalizer engaged this whole year. In fact, I can Goals 2000, the Eisenhower training that allowed us our success to be able contend that this year is nothing more program that trains our teachers, sev- to come here. than a reflection of what we have been eral other critical programs that pro- f going through for the last four years. vide for basic skills for our young peo- This President’s normal method of op- MOST OF OUR PROBLEMS CAME ple. eration is he does not get engaged at We have an obligation. We serve here FROM WHEN THE DEMOCRATS all until the end, and then he comes in because the people who we represent CONTROLLED THE CONGRESS and demands more spending and bigger trust us, and they trust us with their The SPEAKER pro tempore (Mr. government and more programs. And, children. HAYWORTH). Under the Speaker’s an- because he is President, he could shut Let us take the remaining days of nounced policy of January 7, 1997, the down the government like he did in this session and do something to im- gentleman from Texas (Mr. DELay) is 1995. We have to deal with this Presi- prove public education in this country. recognized for 60 minutes as the des- dent to get him to sign the legislation. We can do it. There is support for doing ignee of the majority leader. Yet during the whole process, he is not it. We need to do it. That is what we Mr. DELAY. Mr. Speaker, I commend engaged. should be about. the gentleman from Arizona, sitting in The American people need to really I yield to either of my colleagues for the chair, for his endurance on a Sun- understand what is going on here. The any final comments. day afternoon in listening to what has President himself today in a meeting Ms. WOOLSEY. Well, I have a com- just gone on. with Democrat leadership, I find it I listened to the discussion all this ment. When our colleague, Mr. very strange, he has not this entire day, and I find it rather fascinating. PALLONE, talked about small one-room year, in fact I think if we go back two The shrillness of my colleagues on the school houses, those schools were ho- other side of the aisle I think reflects years, has not called on the Repub- mogeneous. Everybody in that class their sense of denial. Most of what they licans, the majority leadership, to looked the same, came from the same have said is that they are trying to meet with him at all. But today he kind of background and environment. continue the policies so that they can meets with the Democrat leadership, Now we are talking about classrooms continue to support their philosophy of and he announces that he has been en- with as many as 17 different languages government that has failed. We have gaged in this educational program all in one classroom. Tell me that these tried their way for well over 50 years, along. All he could cite was he talked young children do not need one-on-one and most of the problems that they de- about it in his State of the Union mes- attention from their instructor. scribe, the problems with our public sage and he sent it up in his budget. Mr. PALLONE. If the gentlewoman school system, with our government, I defy anyone to bring to me one bill will yield, I would just say that again, with health care, most of that came written that was initiated by this one of the things that really has been from when they controlled this Con- President this year. One bill. Just show bothering me about this Republican gress. me the bill. Show me the bill. This Congress is that, you know, they will President has not initiated one thing. pay lip service to education, but they b 1730 Now, he has taken credit for the wasted so much time trying to take They have controlled most of the economy, but I also challenge you to money away from public education by local governments, the state govern- show me one thing he has initiated in October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10541 this Congress and followed through on Within 15 minutes after opening the he goes to China and kow-tows with and got passed that was good for the government, the President and his staff the communist leaders of China. He is economy. I deny anyone. The only walked out, held a press conference, accepted in Tiananmen Square where thing I could think of was that he and reneged, reneged, on everything in freedom fighters were gunned down, wanted Fast Track authority, nego- that agreement. and he honored the troops that gunned tiating authority for Fast Track. A lit- Now, we have had to deal with that down the freedom fighters in tle less than a year ago we tried to pass for the last 4 years. In fact, just this Tiananmen Square. And as he was leav- that. He could only deliver 32 of his weekend they sent staff over here to ing China, by the way, the trip costs Democrats to vote for fast track. I make an agreement on drug policy, and about $50 million, while he was leaving found out, because I am the Whip and there has been a lot of work by the China, he undermined the democracy working the votes, that many Demo- chief deputy whip, Dennis Hastert, and on Taiwan and has never since then crats that wanted to vote for fast track others in this House, to put together a stood up and tried to support the de- did not trust this President, so they very comprehensive antidrug policy, mocracy on Taiwan. voted against it. but the administration or the staff of In the Middle East, they now are hav- But this year he has not lifted a fin- the administration has fought us every ing photo ops with Arafat and ger for education, not a finger for edu- step of the way. Netanyahu in the last few days and cation, yet on the targeted adjourn- So they have been negotiating over weeks, and they are about to have a ment date, Friday, he stands up and last week, and finally came to some summit on Israel. Well, he has not lift- says, ‘‘I want my education bill,’’ and sort of an agreement. Of course, the ed a finger to enforce the Oslo Accords he makes veiled inferences that he will President sent staff to make the agree- and make Arafat comply with the shut down the government unless he ment. And then after they had an agreements. That is where the problem gets what he wants. agreement, the staff went back to the is. This is the same President that has White House, we were informed that Now, all of a sudden, we find out we not even met with his cabinet but the staff that was negotiating with the are going to pull everybody together, twice this year. He has only met with majority leadership could not nego- have a few more photo ops, but under- his cabinet twice in this whole year. tiate for the White House, and, there- mine what the people of Israel are try- The first time he met with them was to fore, reneged on the agreement. ing to do. In fact, the President’s own explain to them that he had no sexual Well, how in the world are we going wife back in May said it might be a relations, and the second time he met to do business when you have a Presi- pretty good idea to have a Palestinian with them was to apologize to them for dent of the United States that you can- state in Israel, which would completely having sexual relations. That is the not trust his word to hold an agree- explode that part of the world. Yet the only time he has met with his cabinet. ment for longer than an hour? That is President of the United States has not Now, during these meetings he did not what we are going through right now. emphatically stood up and said no, we meet on the world economic problems The other thing too, some of the will continue with our policy of oppos- with Secretary Rubin. In the cabinet sticky points with this administration ing a unilateral move to create a Pal- meeting he did not talk with the Sec- is this President is fighting to the estinian state in Israel. retary of Education. death for foreign aid to North Korea. I could go on and on. Russia was a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE That gives me an opportunity to talk complete fiasco. Nothing came out of The SPEAKER pro tempore (Mr. about this administration’s foreign pol- Russia. This President, who wants to HAYWORTH). The Chair would remind icy. be treated different than any other the gentleman that he should not refer It is amazing to me that some people American in this country and under- to personal charges against the Presi- in this House commend the President mine the rule of law, went to Russia dent. for being such a great and effective and demanded that they institute the Mr. DELAY. I apologize, Mr. Speaker. President, but when you analyze his rule of law. He was laughed at by the In cabinet meetings also he did not foreign policy, it is a complete disas- world because of that. discuss his foreign policy, his failed ter. So part of the hangup and the reason foreign policy with Secretary of State He wants more foreign aid for North we are here on Sunday afternoon nego- Madeleine Albright. He has only met Korea. Now, this is the President that tiating with staff, not with the Presi- with his cabinet twice this year. dent, negotiating with staff, is that the Now, he has been out on the cam- was concerned, as we all were, with President is holding us up. He could paign trail. He has been to 97 fund-rais- North Korea building nuclear weapons ers this year. He has been away from and threatening that part of the world. have come to us weeks ago and told us his office attending to other things So he went and made an agreement exactly what he needed and we could rather than work 152 days out of the with North Korea to stop doing that, have been negotiating and probably 280 days so far in this year. This Presi- and if they would do that, then what would have met our targeted adjourn- dent is not engaged in what is going we would do would be we would give ment date. Another hangup is he wants us, us on. them more foreign aid and we would I want to talk a little bit about what build them electric power plants. being the American people, to take our he is holding us up about. Well, we have been giving them for- hard-earned taxpayer money and give Mr. Speaker, I will talk about that in eign aid. We find out that most of that it to the International Monetary Fund, a minute. I am also going to try to put foreign aid has gone to the military, a failed agency, an agency that has un- this in a little more perspective. Being not to the people of North Korea, and dermined the economies of Russia and in leadership, we have had to deal with we are building their reactors for elec- Indonesia, now is trying to undermine this administration at the end of every tricity, but the North Koreans are con- the economies of Brazil, a failed agen- year on these same things that we have tinuing with their building of nuclear cy, they want to continue their failed always done, and it is just fascinating weapons, and just this last summer programs by funding the IMF, and they to watch. shot a missile over the top of Japan. do not want any reforms. They want I remember in 1995 when the Presi- You look at the President’s policies the American people to give up their dent of the United States vetoed the in Iraq. Now, the President of the hard-earned taxpayer money and give continuing resolution and shut down United States sent aircraft carriers in it to the International Monetary Fund the government. The government shut January and February to stand up to with no reforms so they can make se- down for a few days. I will never forget, Saddam Hussein. He told the American cret loans at below market rates to I think it was November 19, anyway, it people he was going to be tough on failing economies of countries that was a Sunday night, an agreement was Saddam Hussein. Yet this summer we ought to be moving towards a free mar- made with this President to reopen the find out that he has surrendered to ket system, and what they want to do government, and the agreement was Saddam Hussein. is prop up the kinds of political sys- that he would work with us to balance The President of the United States tems that have failed, and that is part the budget, to save Medicare from moved his trip from November to June of the problem of the economy in the bankruptcy and some other issues. to China, from November to June, and world. H10542 CONGRESSIONAL RECORD — HOUSE October 11, 1998 The other thing too that really sticky hands, in their business, and ber. I think what the basic problem grates on me a little bit, when we are they think it is a poorly-designed pro- here is that we have two very different trying to get our work done, you have gram in the first place, and they do not philosophies of government. the President sending out his attack want any part of it. Now the President I think the best example of their phi- dogs. Again, you know, we saw these is holding up the entire process of this losophy is in the school system right attack dogs for eight months out de- Congress in order to put 100,000 teach- here in Washington, D.C. They have fending this President, trying to de- ers in. piled money on the school system of stroy their enemies and misleading the Do Members really believe a program Washington, D.C. so high that it has American people for eight months. Now designed by this president would actu- collapsed under the weight. The school they are back out. I saw one on CNN ally put 100,000 teachers in the class- system here is bankrupt in ideas, bank- late edition this morning, Paul Begala. room? They could not, over 4 years, put rupt in substance. The children here, a And the misleading statements that 100,000 cops on the street. This whole little over 50 percent of them do not Mr. Begala made were unbelievable. He notion of these little things in this even finish high school. The teenage said that we did not need a vote of in- education proposal by the President, pregnancy rate is at an all-time high. quiry in this House. He obviously does that these will change the educational If we talk about not being able to fix not know how the House operates. In system and save our schools. buildings, they have more money than order to proceed with impeachment It was brought up by my good friend, any other school district in America, proceedings you absolutely have to the gentleman from Texas (Mr. and they have crumbling schools in have a vote of inquiry to give the com- SANDLIN) much earlier in the day, he Washington, in our national capital. mittee the right to proceed. was talking about the outlandish prob- Why? Because the bureaucrats have the He said that Ken Starr was under- lems that he is seeing in East Texas money, that is why. The teachers do mining the process by sending a letter about the school system. I need to re- not have the money. The students do right before we voted on the inquiry in- mind the gentleman that part of the not have the money. The bureaucrats ferring that there would be more refer- problem with the public schools in my have the money. They believe it is the rals coming from Ken Starr and just great State of Texas is because the government’s money. I believe it is the berated Ken Starr and tried to once Democrats ruined them. I was there in American family’s money. again destroy the Independent Counsel 1984, and I will never forget it, I was in They have created a government so because of this letter. the State legislature, in the Texas big that over 50 percent of the income That letter was in answer to a bipar- House, when the Democrat Governor, of American families goes to govern- tisan request coming from HENRY Mark White, petitioned Ross Perot to ment. If we add up State, local, and HYDE, the chairman of the Committee design education reform in Texas. Federal taxes and the cost of regula- on the Judiciary, and the ranking Take what I am about to say and ex- tions, 50 cents out of every hard-earned member JOHN CONYERS, asking Ken trapolate it to the Federal Govern- dollar that the American family makes Starr if there might be some referrals. ment. Before Mark White and Ross today goes to the government. Perot ruined education in Texas, b 1745 Would it not be incredible if we could Texas’s local school districts con- do what we want to do and get a presi- Maybe this is a good time to talk trolled the education of their children. dent to sign our bills to shrink the size about the 100,000 police officers that Texas, thank goodness, had set up of government, eliminate wasteful the gentleman from New Jersey was funding for local schools way back Washington programs, eliminate some saying was such a successful program, when Texas was a Republic, and con- wasteful Washington bureaucrats; not because Paul Begala said that they had tinued it when it became a State, so we create more, eliminate them, so that hired 100,000 police officers. had good, honest funds coming to our the American family could have more Mr. Speaker, that is not true. It has local school districts. But the school money in their pocket, so that if they been about 4 or 5 years now that the districts were in control of their local want better schools to be built, they program, another failed program schools. passed by the Democrat Congress, was What did the Democrat, Mark White, will have the money to pay the taxes in signed by the Democrat president, cre- do? He took away local control and their local school districts, empowered ating 100,000 police officers. The person, centralized it in Austin, Texas. He cre- by them, to raise the taxes to pay for Ken Avery, we checked with, who is ated the Texas Education Board. All the schools that they need? spokesman for the COPS program in decisions are made in Austin, Texas, No, we are going to keep the govern- the Justice Department, says that the for all the local school boards. The ment growing bigger and bigger. We vast majority of our jurisdictions have local school boards now are nothing are going to keep it growing, and get plans in place to retain officers beyond more than administrators for State more and more bureaucrats. We are the lines of their grant. mandates. going to get more and more of the Fed- This is a requirement of the grant I submit that my friends on the other eral Government sticking their sticky program, that they agree, upon accept- side of the aisle and the President of fingers into our school districts, be- ance of the grant, and what that means United States want to do the same cause that is what the President of the is if they accept this money, it is only thing. They constantly are trying to United States demands. But it is not money for 3 years. Then the money is take away local control. They are try- their money. shut off and they have to keep that po- ing to take away decisions made by It boggles my mind all the time. It is lice officer on the payroll. In other parents, elected school boards, and the same pocket that all the money words, they need to raise taxes locally, teachers, and put them right here in comes from, the American family’s and that is the Federal Government Washington. They do it systematically, pocket. That is where this money causing local governments to raise one little program after another over comes from. But why would we take taxes for a Federal program. the years. the money out of the families in Avery himself says that the COPS I say to my good friend, the gen- Sugarland, Texas, send it up to Bill program has only placed around 58,000. tleman from Texas, they not only took Clinton, so that he can send it back to In 4 years, they have placed 58,000 cops, away local control and put it in Aus- Sugarland, Texas, to hire more teach- of this great 100,000 cop program on the tin, Texas, but in order so that they ers and build more schools? It does not streets of more than 10,000 cities and could not get to that board, they laid make sense. And it fails, because it is towns. in another layer of bureaucracy called a failed philosophy. It is a failed no- It is absolutely amazing to me that the Regional Educational Centers, so tion. Members can stand here in this well that local control, the local school dis- We are trying to, to the best of our and praise a program that not only has tricts had to go through one layer of ability, trying to stop this president failed, because they do not, most of the bureaucracy before they could ever get and we cannot, because he is president. police or law enforcement agencies to the State Board of Education. If we are going to do the people’s busi- around the country do not want the I just think that we have a very sad ness, we have to negotiate with this Federal Government, with their big situation going on outside this Cham- president. October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10543 I hope he stays home tomorrow. He is switch to the Republican Party all dent, in his own budget he cut the going on another one of those fundrais- across this Nation. That is the real IDEA program. That is the program ing trips. I challenge the President to American people speaking. that has been discussed earlier, the stay here and work on these issues. He Mr. Speaker, Members can say what- mandate from the Federal Government is going down to Palm Beach, Florida, ever they want to on this floor about on local schools to provide education to have another fundraiser and pina who is at fault, back and forth, but we for our disabled students through spe- colada with Greg Norman. Then after have tried it their way. We have tried cial education programs. that he is going to New York City, and it Bill Clinton’s way. b 1800 he is going to raise some more money Let me just finish with this. It is in New York City for a person, by the amazing to me that the President of Yet they promised they would pro- way, the gentleman from New York the United States would hold up spend- vide 40 percent of that expense for (Mr. CHARLES SCHUMER) who happens ing that amounts to about $1.7 trillion IDEA. In the President’s own budget, to be on the Committee on the Judici- over his little, small education pro- he cut IDEA. ary. gram. The American people ought to Mr. HAYWORTH. Mr. Speaker, if the Mr. Speaker, I hope the President think about that just a minute, be- gentleman will yield, indeed, as I stand stays here. We are going to stay here. cause we know what this is about. here from this unique vantage point in Many of my colleagues have said we This is another sham. This is another the House, I note that just behind the are trying to get out of town and we attempt to mislead the American peo- gentleman is a rostrum. On an annual are trying to rush this, and we want ple. This is another rhetorical outtake basis, we invite the President of the the President to give us what we want to try to win the election in November United States here to offer a State of so we can get out of town and go home and take back the House, or give the the Union message. and campaign. President some sort of credibility and I remember this year the President’s Nothing could be farther from the legitimacy. The American people have insistence when he said, about moving truth. We know what we are about. We not bought it in the last 2 elections, from the politics of deficit to the poli- know what we are locked into. We will and they are not going to buy it in this cies of surplus, not one penny out of stay here all the way through the elec- election. the surplus unless it goes to save So- tion. I will say it again, we will stay Mr. HAYWORTH. Mr. Speaker, will cial Security. Save Social Security here gladly all the way through the the gentleman yield? first. election to get the people’s business Mr. DELAY. I yield to the gentleman Yet, almost within the twinkling of done. from Arizona. an eye, there was the administration It is amazing to me that people are Mr. HAYWORTH. Mr. Speaker, I petitioning the Congress for close to $3 complaining about a Congress that is thank my colleague, the distinguished billion for spending in Bosnia. How pro- not getting its work done, that we are majority whip, for yielding to me. Mr. found. How prophetic the words of the the do-nothing Congress. They are par- Speaker, as I have had the honor and columnist from the Arkansas Demo- tially right, we are the do-nothing- privilege of serving in this House, I am crat Gazette, Paul Greenberg, who in- that-the-liberals-like Congress. We are struck by what our colleague, the gen- structed all of us years ago, Mr. Speak- in the majority, and we do not buy into tleman from Texas, tells us tonight, er, in the case of President Clinton, lis- the minority’s philosophy. All their because we have seen example after ex- ten not so much to what he says, in- bills that they want us to pass, we are ample, sadly, of this President and this stead, watch what he does. not going to pass them, because we do administration saying one thing and And it has been trying, challenging, not believe in their philosophy. then doing another. and ultimately tragic that we are beset The majority of this House does not In fact, I think about the historic by a chief executive who so often, in so believe in paying trial lawyers for budget agreement that was reached many different circumstances, says one health care. That is their Patient Bill last year by this allegedly do-nothing thing and then does another. of Rights. The President has not writ- Congress to balance the budget for the Mr. DELAY. Mr. Speaker, I want to ten a patient’s bill of rights. We have first time in a generation, to set up follow up on that just a moment, say- not seen a bill from the President, but budget caps, ceilings that were to re- ing one thing and doing another. The that is their Patient Bill of Rights. We main inviolate. President evidently wants to become have not seen a bill from the President Now, as my colleague, the gentleman the education President in the last on his education policies, but they say from Texas, points out, in the last week of the 105th Congress. they have one. nanosecond of the 11th hour, perhaps He said on the day that was des- Mr. Speaker, what we are here to do based on focus groups and extensive ignated as the targeted adjournment is what the American people have sent polling, suddenly, education becomes day, the day that he started this effort, us to do. I get a little weary of people the watchword; sadly, not in an effort on the day that we had targeted to ad- speaking for the American people. The to improve education, which we believe journ, ‘‘Members of Congress should American people believe this, the is too important to be left up to Wash- not go home until they pass a budget American people believe that, the ington bureaucrats, but because of the that will strengthen our public schools American people whispered in my ear endless posturing and preening and for the 21st century.’’ this afternoon and told me this. electioneering that continues, regard- The President, what he does, his I watch the American people, and the less of the dates on the calendar, but record is, he has vetoed a D.C. scholar- American people have rejected their now has grown more frenetic and fran- ship bill to provide 2,000 of this cap- philosophy. It is not by some poll, it is tic, given the constitutional questions ital’s poorest children a chance to es- not by someone whispering in my ear, that confront us, and also our constitu- cape one of the worst school districts it is by election. The American people tional heritage of an election that ap- in this Nation. I described this school have rejected their philosophy all proaches the first Tuesday following district earlier. across this country. the first Monday in November. It is He vetoed the education savings ac- The Republican Party has gained very insightful. counts this year to provide middle in- over 500 State legislative seats since Mr. DELAY. I would just remind the come families with tax relief for ele- Bill Clinton has been president. It has gentleman it did not take the Presi- mentary and secondary education ex- gained 14 governorships. We now have dent 6 months to break this agreement. penses. He vetoed a back to basics com- 75 percent of the American people liv- In his budget, and the only thing he mon sense literacy program. He vetoed ing under a Republican Governor. We has actually submitted to Congress was lowering costs for school construction have taken the United States Senate, his budget, in his budget he broke the bonds. He vetoed incentives for teacher we have taken the United States House caps, he expanded government, he testing and merit pay. for the first time in 40 years, and held raised taxes, and created an incredible He vetoed safe schools, a safe school onto it for the first time, back-to-back tax increase. antigun provision. He vetoed a tax re- Republican Houses, in 68 years. We What is worse, as the President, who lief for employer provided education have even had over 370 Democrats is claiming to be the education presi- assistance and qualified State tuition H10544 CONGRESSIONAL RECORD — HOUSE October 11, 1998 programs. He vetoed seven pro-edu- I do not think there is anybody that Then yesterday, he blasted us on edu- cation bills. is going to deny the importance of edu- cation. Probably in the next day or He was so sinister in paying homage cation or how we need to deal with edu- two, we will have a signing of the Head to the National Education Association cation. We may have some differences Start bill. There is a disconnect here of that he would take away 2,000 scholar- of local, State, and Federal, and we what is going on. The gentleman very ships from the poorest of the poor in even have differences within our party, well prepared, I think, the general pub- the Nation’s capital and give those and the other party has differences. lic for what is going on here. scholarships to the parents of those We are not really going to question, In the last couple of days, he has poor children so that they could take I do not believe, that the President is refound these education bills. There those kids and put them in a school committed to education. I was over at can only really be two explanations. and hopefully get them an education. the White House for the higher ed One is that he realized, contrary to all Mr. HAYWORTH. Mr. Speaker, will markup the other day, and I think he the grandstanding that we hear, be- the gentleman yield? is very committed to certain parts of cause the process that we hear is, just Mr. DELAY. I yield to the gentleman that education. give us a clean appropriations bill and from Arizona. But we do have a fundamental ques- put nothing on it, and that the Repub- Mr. HAYWORTH. Mr. Speaker, since tion of what is happening right now licans, I heard this on some news this White House is so poll driven, that and why we are here this weekend. The broadcast yesterday, again the Repub- is the one time this administration ig- President was up here for the State of licans want to put additional things on nored the polling in this Federal cap- the Union address. We saw what is the spending bills. ital district. coming now. He said, we are going to Why would we want to do that? In the District of Columbia, where use all the surplus for Social Security. Maybe because he vetoes everything over 70 percent, well nigh close to 80 Then, for about 15 or 20 pages, for else that has substantive reform. The percent of parents, when given the about 45 minutes went on with spend- only way to do it is to put it on an ap- choice, said, yes, we want to have an propriations bill. But he is doing the option and educational scholarships for ing program after spending program our children. That should come as no that would have bankrupted this gov- same thing. He wants to put unauthor- surprise, Mr. Speaker. ernment for the next 10 years. ized, which is basically not allowed by Imagine the dilemma of parents Just in child care alone, he had, I am House rules, new programs on appro- whose heads hit the pillow every night forgetting, it was like $20 billion. It priations bills. knowing that they are sending their was a phenomenal kind of the twofer Whatever he is saying about Repub- children into unsafe, unproductive approach that we are starting to see licans on pro-life principles and other schools, where their safety is threat- now. things, he is doing on education prin- ened, where sadly they are not learn- Mr. DELAY. Mr. Speaker, I think it ciples. That is point one. ing. is called the Clinton pivot. Point two is, as I have pointed out Yet, to have that wiped away in a Mr. SOUDER. Yes. Mr. Speaker, he is several times today, this looks very show of allegiance to factions and moving so fast, it is hard to tell when much like the ‘‘Wag The Dog’’ movie. I groups who insist they want to improve it is an actual pivot. personally do not believe that the education but instead seem to want to Mr. Speaker, then what happened movie was very realistic. I do not be- expand the educational bureaucracy is this year, he sent down a series of pro- lieve a President of the United States, yet another reason why we find our- posals, as he does regularly, to try to including in the terrorism incident, selves in this dilemma of the factually nationalize education. Because his phi- would put American lives at stake just challenged White House and a factually losophy of education is that, unless he for his own political gain. challenged President. does something, nothing is happening But I do believe a President would Mr. DELAY. Mr. Speaker, I appre- in education, unless it comes out of the put something like this to try to make ciate the comments of the gentleman President. When he was governor, it us look like we are the bad guys in from a Arizona (Mr. HAYWORTH). had to come out of the governor. But Congress. I mean, with all due respect Mr. Speaker, I am very happy to now that he is President, it has to to our majority whip, and I do not yield to the gentleman from Indiana come out of the President. mean this personal to him because he (Mr. SOUDER). As they propose these different is a strong conservative, but some of us Mr. SOUDER. Mr. Speaker, I want to things, the Democrats did not even believe we have already negotiated too thank our majority whip. He has been pick them up. We heard very little much away in this budget, that some- a leader in pointing out a lot of the in- about it in the Committee on Edu- times our negotiators, probably when consistencies and problems of this ad- cation and the Workforce; occasionally they were growing up on Halloween, ministration as well as being a strong a whine here or there, occasionally a when they went to the door and said voice for conservative principles. It is whine on the floor. But basically his trick or treat, they gave the people the an honor to be associated with the gen- policies just lay in state almost. candy rather than the people giving tleman in this special order. We went through several major them the candy. I think the gentleman has made the pieces of legislation, the higher edu- We seem more than willing to surren- basic point here that, and I wanted to cation bill, where we worked and der in these appropriations bills, yet elaborate on it and get into it a little wound up with a bipartisan bill that the President still does not want to bit in detail, because I chose when I got has many important parts to it that deal. Why does he not want to deal? elected to Congress in 1994 to pick to was signed last week. We just com- Maybe because today’s Washington go onto the Committee on Education pleted and passed through a bill to re- Post and other papers have ‘‘Are the and the Workforce and to choose that authorize Head Start, community serv- Republicans Going to Shut Down the as my first choice, not something that ices block grant, and other things. Government’’ on the front page, in- many Republicans do. We have been working for 4 years stead of whether or not what problems Because I wanted to come in and do trying to get compromises on voca- he has with impeachment, with Monica battle. My background, besides being tional education and job training legis- Lewinsky, with Chinese contributors, in the private sector business, I had lation. We did Dollars to the Classroom and so on. been a staffer for 10 years for first Con- through here. We have been moving If I can take one more minute before gressman and then Senator COATS and education bills, as has been pointed out we engage. One of the issues is national was Republican staff director with the today numerous times, 25 different testing, that national testing is some- Children, Youth, and Families Com- bills in this 2-year term. thing that neither his base likes; mittee in the House for 4 years, and We have been moving education bills, teachers do not like it. The blacks and then worked as legislative director and and the President basically signs them. Hispanics are worried they are going to deputy chief of staff for Senator COATS In fact, the day after he blasted us for discriminate against them. in the Senate where, predominantly, I not having an education policy, he in- Conservatives do not like it because, worked with a lot of the difficult social vited us over to the White House to if you have a national test, potentially issues. sign the higher ed bill. every home school or every Christian October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10545 school, everybody who has concerns dent apparently said General McCaf- Mr. DELAY. You are being magnani- about a national test could all of a sud- frey did not speak for this administra- mous. den have a standard that they cannot tion, and they want to go through the Mr. SOUDER. I try to be generous to get into college, they cannot get Fed- drug bill piece by piece. the President when possible. In phys- eral employment, they cannot get into He continues the lack of I did not in- ical education he got an A. He is an ex- the military. It could become the hale, all that kind of thing. Plus he re- cellent golfer and a jogger. No com- standard around the country. We do lies on lawyers instead of doctors. ment beyond that. not know what are going to be in these Basic health, he thinks the way that In attendance, we have had an at- national tests. we get health care reform in this coun- tendance problem. We have a serious The President every year wants to try is to put it in the hands of the law- attendance problem. He spent 153 days fight over this national testing. yers. this year traveling, 32 for vacation, 57 Mr. DELAY. Mr. Speaker, the na- In foreign languages, we did give him for fund-raisers and other extraneous tional tests, therefore, leads to involve- an A. He interacts well with the Chi- events. He has only held two cabinet ment of the Federal Government in de- nese unable to speak English. He has meetings so clearly we have a focus signing curriculum. The gentleman clearly done really well in a lot of the and attention problem. Just out of the just before us, in the special order be- fund-raising from overseas. Nonnation- kindness of my heart, we did not put a fore us, was talking about, we do not als contributed to his campaign. So he conduct rating up. In fact, the question want to get into the curriculum. Yet, gets a good A in foreign languages. is what exactly would you write in a the national testing is the back door- We should have given him an A in conduct. It would be very hard if you way of the Federal Government design- English, too, because he really is pre- were his teacher to give him a conduct ing curriculum for our local schools. cise. He tries to sort out exactly what rating. Mr. SOUDER. Absolutely. Mr. Speak- ‘‘is’’ means. He tries to go through the But given all this, you would think er, will the gentleman yield? preciseness of the English language to that this would persuade him that he Mr. DELAY. Certainly, I yield to the make sure that he is avoiding saying should be against national testing, be- gentleman from Indiana. anything he did not mean. cause with a national test he himself Mr. SOUDER. Mr. Speaker, how Mr. DELAY. Mr. Speaker, in fact, he would not be able to pass. is very good. He is trying to rewrite could you have a national test? Every Mr. DELAY. I appreciate the gen- teacher with a right mind and every the dictionary. tleman and his comments. I think he Mr. SOUDER. Yes. Mr. Speaker, that principal would say teach to the test. puts it so succinctly and directly that is a good point. That means, to teach to the test, they In science, we gave him a D. He the American people can understand have to have courses that have the sub- misimplies census statistics. Clearly he what is really going on here. Mr. HAYWORTH. Again, Mr. Speak- ject matter that is in the test. It is not does not know how to count and what er, there is another aspect to this ongo- even logical. I mean, anybody with ba- the Constitution means regarding ing saga that we would be remiss if we sically about a first grade or a Head counting and what math means there. did not point out. Because as my col- Start or preschool education ought to Sampling is one thing, but when we league from Indiana just briefly be able to figure that is curriculum. come down to actually getting a count, But I wanted to give a couple reasons touched on, there seems to be a tend- sampling does not really work. this afternoon why the President Furthermore, he fails on missile de- ency in this town for members of the should actually oppose national testing fense. Clearly, Moscow is 80 percent fourth estate, that is to say, the press, to see if we can move him in the direc- protected. We do not have anything to view things with a prism that al- tion. Because this is the report card for protected. He does not understand ways and forever supplies a benefit of President Clinton the first semester. some basic science there. We could also the doubt to the executive branch and If the subject is math, he clearly throw in environmental science in here to the administration. would get a D minus because he misses where he has no real understanding of You mentioned that in terms of the basic arithmetic. For example, he sent the fundamentals of the environmental alleged government shutdown that over ag. appropriations that were less science. may be formulated at this time. than what he vetoed the other day. I I think it is also important, again, to mean, wait a second here. Let us look b 1815 review the itinerary that we under- at the math. This is like blaming us for In government, he would get a D. He stand the President will follow tomor- school lunches when his bill was actu- lacks knowledge of the role of Con- row. Tomorrow the President will not ally less than we funded in school gress. He was elected, he keeps remind- be involved in negotiations to end this lunches but then said we tried to cut ing people he was elected President. We stalemate. The President will instead it. were elected to control the House and first go to Palm Beach, Florida and His math does not work. He can’t be the Senate. At some point here, some- then follow up that trip with a trip to- for a balanced budget and say our tax body has got to make a deal. We are morrow night to New York City to fund cuts are taking away from the surplus. are all adults. We get upset that we raise for his political party and for can- But he can propose surplus. His math is cannot see pro basketball right now. didates including in New York City a D minus, is a little generous. We say, why cannot adults, knowing gentleman who serves in this House, In history, we have an incomplete, they have the differences, sit down. It who also serves on the Committee on because, clearly, he is following the is not like there are any surprises. It is the Judiciary and who entertains ambi- Nixon parallel well. He has read up on not like they have not been been talk- tions of moving across this Capitol into Nixon. He has got all the things, yell at ing and warning each other for two the other body. the special prosecutor, stonewall them, years. Unless one side has a posturing Now, again, I should point out that all that down. But he does not under- point here, we ought to be able to sit we certainly know why Washington stand other parts of history too well. down and do that. Economics, we give fancies itself a sophisticated place, So we gave him an incomplete there. him a C minus. He does not understand sometimes sophisticatedly cynical. But In citizenship, he gets an F. He fails tax incentive very well. He does under- even with the collective mindset of to grasp the basic concept of a respect stand what a balanced budget is but, journalists and the punditocracy in for the legal process. The perjury, what then he wants to spend the surplus. He Washington, D.C., certainly, Mr. you tell your staff to do, that is a clear signed the agreement. Gave him a C Speaker, we can detect some conflict of F. minus there. interest. Indeed, my colleague from In- Health. He fails there with an F. He Mr. DELAY. I might also add, you diana, in his other position in over- fails to master the dangers of illegal cannot spend the surplus on tax cuts sight on the yet another committee, we drugs. In fact, just the other day, ap- for the American family, but it is okay understand that given campaign fi- parently we thought we had an agree- to spend the surplus for all his govern- nance difficulties of the minority party ment on the two drug bills. Senator ment programs. in this Chamber, apparently in excess LOTT now says that, since General Mr. SOUDER. He clearly does not de- of $1 million, some $1.7 million has yet McCaffrey agreed with this, the Presi- serve more than a C minus. to be refunded that the minority party H10546 CONGRESSIONAL RECORD — HOUSE October 11, 1998 in this Chamber claimed they would do Mr. DELAY. The gentleman is right. sincere commitment to education. I be- given the status of those contributions I think he has expounded on his lieve, however, they want to national- and the apparent illegalities involved. premise of where he quoted Paul ize it. Furthermore, the way they do Does the gentleman from Indiana have Greenberg, do not watch what the that is they poll test. I had the unusual a comment on that? President says, watch what he does. experience, when I was working with Mr. SOUDER. Yes. Hopefully later The gentleman from Indiana, as he Senator COATS for 2 years, to work today we will be talking further about says, is on the Committee on Edu- with Dick Morris, who is a very bril- that. In fact, this is interesting, the cation and the Workforce. liant pollster, but he tests different board that I chose to put the national My question is, who is in charge? We things to see, and these things get the testing on is one I had earlier of 94 wit- do not know who to deal with anymore. highest response, even down to the nesses who have fled the country or We have been here all weekend. We are words with the little things on your pled the fifth. going into more negotiations tomor- arm where you try to see which words The problem is that you have to row, and who knows how long we will get the response. change this part up here a lot. It is now be here. And again, I tell my colleagues My daughter is an elementary ed and 116 or 118 people. We know that a num- on the other side of the aisle, we will her secondary emphasis in education is ber of these witnesses, they have had stay here until we get it done. But this preschool education. And as I men- to refund the money, but others are whole notion of who is in charge and tioned, I am on the committee. I also still pending. If they would talk to us, what he says and how he backs up what am more of a neoconservative than a we probably would have a lot more he says, we have already talked about money that has been illegal. As Chair- particular libertarian. We may have the fact that having 100,000 teachers some differences on this, but there is a man HOEKSTRA’S oversight investiga- being paid for by the Federal Govern- tion of the Teamsters, he sees the same framework for the Federal Government ment would be as successful as the money laundering pattern there. As within to work. That is, if certain 100,000 cops that they have not funded these things move up, you start to see school districts, say, in inner city Chi- yet. There are only 58,000 that have ac- the same names pop up in different cago or New York do not get covered or tually been put on the streets because places. They have some real problems. do not have the property tax base and They would like to make this whole nobody, most people do not want to they do not get covered at their State, discussion of what Congress has been participate. we have developed programs at the The gentleman is on the Education focusing on just about the legal ques- Federal level, chapter 1, TRIO accounts Committee. I seem to remember that tions or about personal affairs of the and so on, to say for the very poor along with that, the President wants to President or people in the White House, there is a Federal role. We also, be- improve the technology, put computers but the truth is that it is a lot more cause a lot of States and local govern- in every classroom, those kinds of complicated. It would be nice if some ments ignore the handicap, have devel- people helped come forward to clean up things. In fact, I think his quote was, oped a program called IDEA. We devel- the process that this government has the budget should also bring cutting oped Head Start. It is not that the Fed- sunk into. edge technology to the classroom, the eral Government is not in education. Mr. HAYWORTH. I thank the gen- library. Quite frankly, almost everybody in tleman for his comments. Again, I am Does not the Department of Edu- this body votes for those particular somewhat amazed and chagrined that cation have a trust fund and they have programs every year. The question is now over 100 people, almost 120 people had a trust fund to bring technology to that that was a very particular need. have either taken the fifth amendment the classroom and it has been in place These, I believe, as you stated, are poll or fled the country with regard to this for over 2 years. And not one dime has driven. Even when the money is there, investigation. It only compounds the been spent on improving technology in they do not use it. There is no reason difficulty that sadly we see in this city the classroom. So they have this bunch that every school district has to sur- within this government, within the ex- of money sitting out there. That was render their sovereignty on computers ecutive branch. not good enough. and that type of thing, that there can As I was looking at the report card The President of the United States be, there are plenty of targeted funds offered the President by my colleague got the phone companies to raise taxes that can be better used. from Indiana, Mr. Speaker, I thought on phone calls, we call it the Gore tax We did far better for this country by about my own children, their edu- on long distance, to help fund this ef- balancing the budget, getting interest cational experience and the fact that fort, and that was not even part of the rates down, getting taxes down in local our youngest, John Micah, not to be agreement, when the bill was actually communities and giving families more confused with the gentleman in the passed a couple of years ago. Another money to work with so they can try to chair from Florida tonight, but John almost shutdown where the President make the decisions at the local Micah with an ‘‘h’’ at the end of his demanded new programs and things schools. If we are going to fund Federal middle name, is fond of a new endeavor like that. But there is money there. programs, it takes a lot of gall for the at school, being a year out of kinder- There is a trust fund set up, and they President of the United States to pro- garten and being 41⁄2, something called cannot even spend it. So they propose a pose new programs when he has not connect the dots. And it is a metaphor program for rhetorical reasons. They funded the programs for the handi- for what is transpiring within the exec- get what they want by negotiating out capped children in this country. If he is utive branch of this government, to the the final outcome of spending, yet going to spend money, he ought to give point where we have moved past con- when they are given it, they cannot it to those who are hurting and where necting the dots in some areas of con- even implement it. They are so incom- we have a consensus, not come up with duct and, to mix metaphors, we have petent they cannot even implement new gimmicks. moved from that endeavor of connect- those programs. Mr. DELAY. I appreciate the gentle- ing the dots to Hans Christian Ander- Mr. SOUDER. I think it is important men from Arizona and Indiana partici- sen’s fairy tale of the emperor’s new for those who may not be real C–SPAN pating in this special order. The in- clothes or the lack thereof. junkies who may be watching today, sight was very valuable. It is amazing, again, to see the will- you did not say the President is trying f ingness of people to turn away, to actu- to provide Gortex to people. It is a ally try, through the punditocracy to Gore tax. The vice president has pro- b 1830 distract us, to suggest that constitu- posed a tax on all American consumers tional procedures should not be fol- to pay for one of their pet programs. A MANAGED CARE REFORM AND lowed, that it really would be better to lot of times when we say it real fast, it OTHER TOPICS try and find an unconstitutional or sounds like Gortex. The SPEAKER pro tempore (Mr. extra constitutional third way that is I think you have hit the fundamental MICA). Under the Speaker’s announced just as devoid of reality as any fanciful point. There is a difference. In my policy of January 7, 1997, the gen- tale you could find in children’s lit- heart of hearts, I believe that the tleman from New Jersey (Mr. PALLONE) erature. President and the First Lady have a is recognized for 60 minutes. October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10547 Mr. PALLONE. Mr. Speaker, I want- power and they have the majority, back and see who won the last couple ed to start out this evening by pointing they control what happens here. You of elections. And Mr. Linder confirmed out that the problem that I as a Demo- can say anything that you want about that Republican leaders held intellec- crat and I think most of the Democrats the Democrats were in the majority tual property legislation, that means have with what has been happening and you could agree or disagree on that our patents, all of our inventions, here the last 2 years is not necessarily what they have, but the fact of the that laws restricting foreign govern- that we are not willing to debate with matter is that the Republicans control ments, speaking of foreign govern- the Republicans on these issues be- both the House and the Senate. But an ments, Chinese, everywhere where they cause in many ways I think that what interesting point, because he talked are stealing our intellectual property happened today in the discussion that about how terrible a government shut- around the world. What he is saying is we have had today on both sides of the down would be and that is not what that they held the legislation hostage aisle has been rather interesting. The they were looking for and that it was that would have restricted foreign gov- problem is that on most of the Demo- the President looking for a government ernments from stealing our intellec- cratic initiatives which I think are the shutdown. Well, I was so stunned by a tual property. He confirmed, ‘‘Repub- initiatives that the average citizen is comment that the majority whip made lican leaders held intellectual property concerned about, we have not had the when the government was shut down 2 legislation favored by these EIA mem- opportunity to bring them up. We have years ago that quite honestly I had it bers hostage, quote, to send a message, talked as Democrats about how we blown up and I have it in my office be- that if you don’t play by the Repub- want to bring up before the Congress cause I could not believe anyone who lican rules and don’t do business with adjourns education concerns, money to held such an honor and held a position the Democrats, we are not going to modernize our schools, to hire addi- in this body would say such a thing. It pass legislation and you are not going tional teachers, 100,000 new teachers. was in a Texas newspaper and I am to be able to get anything done up We are going to talk this evening in happy to provide it to anyone who here.’’ That is the way this Republican the next hour quite a bit about HMO would like to see it. I am not making majority is dealing, fast and loose, fast reform. We have talked about the need this up. He said that when he heard and loose with the lives of the people in to address Social Security because we that the government was reopened, this country. It is on intellectual prop- know that eventually down the road that it was the worst moment, and I erties, it is on tobacco, 3,000 of our kids there is not going to be enough money am paraphrasing, the worst moment of start to smoke every single day, a in the Social Security trust fund. But his life. He was grilling steaks on his thousand of whom die. And they re- what we have found is that the Repub- balcony with some other Republican fused to pass tobacco legislation in this lican leadership does not allow these members, and he said, ‘‘We should have body. They are the single biggest re- things to come up. They do not even kept the government closed for as long cipients of tobacco dollars in the coun- allow, and the very debate that we as it was necessary.’’ try. So who are they kidding when they have had tonight in the context of Now, he has the luxury of saying that talk about what they want to do for these special orders is not a debate because he was earning a salary while the American public? It was Mr. that we are allowed to have on legisla- the government was closed and people DELAY, it was Mr. GINGRICH who said, tive issues because the legislation that who were furloughed or laid off had no ‘‘There isn’t enough money in our sys- deals with these education or HMO, idea whether or not they were going to tem. That’s why we cannot pass cam- health care concerns or Social Security get their salaries, and the hundreds paign finance reform.’’ And it was the concerns, we do not get an opportunity and hundreds of services that are sup- Republican leadership of this House to deal with it. The Republicans con- plied by this United States Govern- who said take Social Security dollars trol the House. The Republicans decide ment were shut down. So that he truly and squander them away. what comes to the floor. And they have is someone who, in fact, was pleased Mr. PALLONE. ‘‘And let Medicare basically stalled and not allowed most that the government was shut down in wither on the vine.’’ of these concerns that the American the past, and I hasten to view that he Ms. DELAURO. That is right. public has to even be considered. That would not mind if that happened again. Mr. PALLONE. That was Speaker is why we are here tonight on Sunday That is where they are going. NEWT GINGRICH’s quote. to debate this, why we are demanding I might also make just one more Ms. DELAURO. I believe it was Mr. that these issues be addressed before point. We are talking about how this ARMEY, the second-ranking member, we go home, and all we keep hearing Republican majority, how they legis- who said Social Security is not a sys- from the other side of the aisle is that late and the reasons for what they do tem that ought to be in existence or they want to get out of here quickly, and how that is tied in to special inter- that we ought to have a part of. We they think they have completed their est money. There is a big argument, if need to remember some of those business. Well, they have not com- you will, a feud, GOP Feuding About things. pleted their business. We would like to Lobbyists. The point here, and it is in In terms of public education, what we point that out. the papers here, again the majority were talking about before, they would I yield to the gentlewoman from Con- whip is locked in a feud with the chair- just as soon see public education come necticut who started the special orders man of the Republican Conference be- crumbling down and take public edu- earlier this afternoon and who has been cause what they want to do is to dump cation and take those dollars and put our leader on so many of these issues. the choice of president of something them in the hands of the very few and Ms. DELAURO. I thank the gen- called the Electronic Industries Alli- the very rich and take away our birth- tleman from New Jersey. I just wanted ance. The long and the short of it, the right to education in this country. to make a couple of points before we person that is scheduled to become the Mr. PALLONE. I want to introduce start our hour’s time here. The gen- president of this organization is a the gentlewoman from California, but I tleman who led the previous discussion former Member of the House, Rep- just wanted to follow up on one of the here this evening is the third-ranking resentative Dave McCurdy, who is a things that the gentlewoman from Con- leader in the House of Representatives, Democrat from Oklahoma. Essentially necticut said. I am glad that she the majority whip. I think it was inter- what they want to do, and this is by brought up this issue of Mr. DELAY, his esting to note that he commented their own admission here, this is a remarks that he made when the gov- about the government shutdown 2 quote, they want to send a message to ernment had been shut down by the Re- years ago. What is quite extraordinary this EIA that Republicans will not deal publicans and he regretted the fact to note is that the government was with trade associations and lobbying that it was not shut down longer. shut down twice, unheard of in the his- groups run by Democrats. Now, this is There is a basic difference of philoso- tory of the United States, by the Re- a quote by John Linder who is the head phy here, or ideology, and, that is, that publican majority because, as my col- of their Republican Congressional this Republican leadership does not be- league from New Jersey has rightly Campaign Committee who says, quote, lieve in the government essentially, said, and sometimes people do not un- we think they, ‘‘they’’ being the trade and they believe that it is better if the derstand this, when the party is in associations, et cetera, ought to look government does nothing. I have had H10548 CONGRESSIONAL RECORD — HOUSE October 11, 1998 many Republicans on the other side of have something to say. If they had future. Seventy-three percent more the aisle the last couple of days say, been working on the American public’s children have taken up a daily smoking ‘‘Well, it doesn’t matter if we’re la- needs instead of trying to raid Social habit. Each day 3,000 kids become ha- beled as the do-nothing Congress be- Security, trying to cut taxes so the bitual smokers. Of these 1,000 will die cause a do-nothing Congress is better.’’ wealthy could benefit, trying to give of smoking-related illnesses. Many of them actually believe that. education tax breaks for private It is time that we turn the debate to They do not look at the concerns that schools, cheating the public education the needs of our children, our seniors, we have for the health and the safety funding and threatening our national our environment. Enough about politi- and the protection of the average resources with anti-environmental rid- cally inspired investigations, and ex- American as something that is actu- ers, maybe they would have achieved cessive partisanship and wasteful ally positive. Remember that the enough that they could have stood up spending on duplicative and wasteful issues that we feel that they should be there earlier and said, ‘‘But this is Republican committee investigations raising, managed care reform, as far as what we did.’’ But instead they had to that have ended in dead ends, costing many of them are concerned, there is say, ‘‘Oh, it’s everybody else’s fault, millions of American dollars. Instead, no need for managed care reform be- not ours.’’ I will quote the Vice Presi- we have to do something about man- cause they do not have a problem with dent in his saying, ‘‘The right hand aged care reform. We have to have the insurance industry basically run- does not know what the far right hand campaign finance reform. We have to ning roughshod over the American peo- is doing,’’ if they had their ranks to- have bills that will reduce teen smok- ple and not providing medically nec- gether. They are the majority. And at ing. We have to have bills that will en- essary procedures and operations and what cost have they left this country hance environmental protections. And length of stay in the hospital that a without really anything except renam- we must raise the minimum wage. person needs to provide for adequate ing National Airport to the Ronald Then our children will be considered health care. Reagan Airport. They have not pro- our number one priority. But most of As far as education issues, I think duced a managed care bill. There has all, making them our number one pri- the gentlewoman is right when she been no bill to train and hire more ority, we must invest in their edu- says that for many of them they would teachers so we can reduce class size. cation. We cannot leave here without just as soon not have public education. They have no bill to modernize our an agreement for 100,000 more teachers So when we talk about modernizing schools, no safeguards for our Social and new and improved classrooms. school or class size, that is not their Security, nothing to reduce teen smok- Twenty-five percent of our popu- concern. They want more students to ing, no increase in minimum wage for lation are our children. One hundred go to private schools. They are not working families, and the campaign fi- percent of our future are those same concerned about public education. nance bill that passed the House over children. When we talk about Social Security, their dead bodies, if Members can re- Mr. PALLONE. Mr. Speaker, I want we have heard some of these same lead- member what Majority Whip DeLay to thank the gentlewoman, and I want- ers say that Social Security was a bad said and what the Speaker said about ed to point out tonight, if we could just thing from the beginning, so they are campaign finance reform. And then spend a little time on the issue of HMO not concerned about whether or not we when we did pass it, it could not get reform, because all three of us went bring up efforts to try to shore up So- through the Republicans in the other over to the Senate; I believe it was a cial Security. She mentioned teen body. They forget. They forget that couple days ago now when the demo- smoking. The same thing. Let the to- children, 25 percent of our population cratic majority leader Mr. DASCHLE bacco interests sell whatever they are 100 percent of our future. Because tried for the last time, and he has tried want to whomever. That is laissez of that, they are setting a record, a many times, to bring up the issue of faire. They believe that. They are not record that has not been broken for HMO reform or the Democratic, really going to have us play some role in try- generations, for the least amount of bipartisan, proposal that we call the ing to protect young people or teen- days worked, the least number of bills Patients Bill of Rights. And many of us agers from smoking. And on down the enacted and the first time since the in the House, the three of us included, line. Minimum wage. They do not want budget process was created, they have went over to the Senate and basically to raise the minimum wage. We have failed to pass a budget. This is not stood in the back of the room to show had to fight that so many times. Every management. This is disaster. That is our support for the effort to bring up time it has been raised here, it has why they are complaining over there HMO reform, and, as you know, it was been a battle by the Democrats to try and trying to blame somebody else. a defeated. We had a couple of Repub- to raise minimum wage. As far as they But our families deserve better. It is licans that joined all the Democrats, are concerned, there is no need to deal time for a change. but not enough because we do not have with that. For them to talk about how Let me tell you how this has affected the majority to bring it up and to dis- they really care about these issues, our children. 71,682,000 of our popu- cuss it. they do not care about these issues, lation in the United States are chil- Again, we were only asking that the they want to go home and they are dren. 10,000,743 more American children Senate take up the issue on the floor. proud of the fact, many of them, not have no health insurance, that is up The issue of whether they passed some- all, but many of them that this is a do- over 10 million from the start of this thing, the Patients’ Bill of Rights or nothing Congress. I yield to the gentle- Congress. This number has continued any kind of managed care reform, woman from California. to rise during the 105th Congress. It never came up. Again, we are just ask- Ms. WOOLSEY. I thank the gen- continues. Five thousand schools in the ing that they consider these things as tleman from New Jersey and I thank United States are in desperate need of part of the debate, and that was denied, the gentlewoman from Connecticut for repair and many are unfit learning en- and that unfortunately probably means this day of standing up for the rights of vironments. the death knell of that issue in the the minority party. I was listening to Congress for this year. b the majority whip yammer along about 1945 What I wanted to point out very em- the fact that blaming everybody else Zero, none, of the 100,000 teachers phatically, if I could, is that what the for this being a do-nothing Congress. Of needed to reduce class size and improve Democrats and some Republicans, this course if he had anything to say about education quality have been approved; is not just a Democratic issue, but it is what they had achieved, they would 14,113,000 children are living in poverty. something opposed by the Republican have stood there and told us what they This is in the richest Nation in the leadership; what the Democrats are had done. Instead, they talked and world. Despite a very strong economy, asking for are very simple common talked and talked about why nothing children continue to represent 40 per- sense protections. had happened and pointed fingers and cent of the impoverished while com- Most people, when I discuss this with blamed others. If they had managed promising only 20 percent of the Na- them, unless they have had a problem this Congress any better than the Sovi- tion’s population, and yet we have to with their HMO, you know, because ets managed Chernobyl, they would remember 100 percent of the Nation’s maybe they have been healthy and October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10549 have not had to deal with this, they It might have something to do with very simple set of guidelines, if you think that these things are already people being wealthy, and I think we will, in which my colleague from New there. They are surprised to learn that have to remember that, and we have to Jersey mentioned about emergency these protections do not already exist, continually remember that if an appeal room care, and speciality care and con- and just to give you an idea, I just list- process does not have real teeth, it is tinuity of care if your employer ed some of the main ones here that we not an appeal process. changes plans, and employers change would like to have provided for all pa- There is some very good managed plans every year now. tients, all Americans, is guaranteed ac- care providers in my district, the Sixth Just interesting to note that that cess to needed health care specialists; Congressional District in California. I was a bipartisan piece of legislation. if you need a specialist, that you mean they are models for the Nation. There are lots of folks said if we can should be able to get one; access to But I tell you we can be assured that put the bickering aside and do some- emergency room services. Many people even these good managed care provid- thing on behalf of the American public, go to the emergency room and are ei- ers are going to have to give up some of let us set the record straight. It is a bi- ther turned away or find out later that their quality, some of their standards partisan piece of legislation. Dingell, their health insurance will not cover if we do not have real reform because Ganske, a number of other folks in- the emergency room care. Continuity they will have to compete, and they cluding the gentleman from New Jer- of care protections, access to timely in- will be competing against providers sey who worked very hard on this issue ternal and external appeal; if the HMO that do not do as well, do not do as that could have passed this House in a or insurance company denies you a par- much, do not have protections, and ev- heartbeat. But go back to the notion ticular procedure, then you should be erybody is going to lose because we that who was in charge? Who has the able to appeal that and have it over- will be slipping sliding to the lowest jurisdiction to bring up the legislation? turned. Limits on financial incentives rung of the ladder; there is no question Who has the jurisdiction to hold hear- to doctors. Unfortunately, and many about it. ings? people are surprised to learn, that doc- We have to have real managed care Three days of hearings on the issue of tors in many managed care organiza- reform, and the doctors in my district managed care reform; contrast, 63 days tions are actually encouraged and want it. They want to be part of mak- of hearings on politically-motivated in- given extra money if they limit the ing the decision about health care with vestigations. More to the point: 2 days number of people that are provided their patient. They do not want to have of hearings on renaming National Air- port the Ronald Reagan Airport. care, assuring doctors and patients can to be listening to what a clerk in an in- Now for 3 days, only 3 days for our openly discuss treatment options. Can surance company is telling them that health care system, they finally you imagine? I do not think there is they can to or not do for their patient. passed; they brought up after months anybody probably who thinks that The patient and the doctor want to and months, they passed this sham bill, there is anything out there that would make those decisions, and the insur- sham bill, and I just want to mention deny doctors and patients the right to ance company is responsible for paying it because they will come up and claim openly discuss treatment options. We for it. that they passed a HMO bill, but let me Mr. PALLONE. I want to thank the live in a free society, we value the first just say that it makes things worse, amendment, and yet many of the HMOs gentlewoman and yield to the gentle- the bill that they passed. It does not tell their physicians that they cannot woman from Connecticut. guarantee coverage of emergency care, Ms. DELAURO. I think that this is talk about treatment options that are it does not guarantee privacy of medi- such an appropriate discussion, and it not covered by the health insurance. It cal records. That is your medical is such an issue that is on the minds of is called the gag rule, which is un- records which today is such a problem the American people, and that is what American. Assuring that women have with regard to employment or with re- direct access to OB/GYN; I know that is being flaunted here. It is not us. It is gard to insurance coverage can be Congresswoman DeLauro has been very about what the American people have given away to anyone without your much involved with that and some of talked about in terms of the whole knowledge. It would not guarantee ac- the other issues that women have been managed care system which they find cess to specialists, it does not guaran- denied by their insurance companies, is out of control. tee the continuity of care if your doc- There was a recent Times CNN poll various types of care, and lastly an en- tor is arbitrarily dropped from the forcement mechanism that insures re- that found that 76 percent of Ameri- plan, does not hold health plans ac- course for patients who are maimed or cans support managed care reform. countable for their decisions when die because of health plan actions. Only 41 percent said that they were things go wrong. And above all, above Many people do not know that if their very confident that their health care all, it will not give the power to decide HMO denies them a particular type of plan would pay for their treatment if what is medically necessary to your care and they are seriously insured or they really got sick. And now you have doctor. die from it, that they cannot sue the another, and most people, and I think That is the fundamental reason peo- HMO. Well, they should be able to. everybody saw it, As Good As It Gets, ple want to see health, managed care We are just pointing these things out the movie where there is the great ap- reform because of they want doctors to because we think that every American plause line when Helen Hunt expresses make the decisions along with them, should be guaranteed these basic pro- her frustration with the HMOs and with themselves. tections. But if we do not enact them managed care because people feel that Again, this is thwarting the will of into law, if we just proceed with this that is out of control, that they, in the public, it is thwarting the will of do-nothing Congress that says that the fact, have no way of being able to han- the majority in both the House and in government does not have to do any- dle this system. the Senate, and they recently, just 2 thing, you know laissez-faire, or what- More recently we have found that the days ago, defeated managed care. That ever the term is, then we have a situa- HMOs are pulling out of Medicare and is not the way that this place should be tion where these insurance companies leaving seniors on their own. It has operating. We are here to represent simply deny care, decide what is medi- happened in my State of Connecticut people’s interests. We are not for polit- cally necessary, and you have no re- where we have 12,000 people now who ical reasons to thwart the will of the course, and that is what we are trying are, you know, trying to scramble people particularly on their health care to prevent. around for what they are going to do and their health and their safety. Mr. Speaker, I yield to the gentle- for their health care. Now, it is not Mr. PALLONE. The gentlewoman woman again. only happening in Connecticut, it is points out, makes a very good point I Ms. WOOLSEY. Well, you said that happening all over the country. So, the should say, with regard to the HMO re- maybe some of our colleagues have fact is that the public truly knows that form, and that is that, as we know, never experienced the shortcomings of the managed care system is out of con- back in August, there was so much managed care because they are trol. heat, if you will, on the Republicans to healthy. Well, oops, maybe it is be- Now we tried to address that, as both deal with the issue of managed care re- cause they can afford other coverage. my colleagues have pointed out, with a form, so many constituents who were H10550 CONGRESSIONAL RECORD — HOUSE October 11, 1998 clamoring that they take up the issue it is not funny; but it is ridiculous health care system could protect them that they finally did just on one day when you think about it. I talked and will. with a very brief debate on the House about the gag rule before where they Ms. DELAURO. If the gentlewoman floor allow the issue to come up. But do not allow or many of the HMOs do will yield for one second, because I what they did as a result of that was to not allow the physicians to talk about think it is interesting, and this is a pass a bill that was actually worse procedures that are not covered by the quote, because we started talking ear- than the status quo. insurance plan. In the GOP bill, a lier about how special interest money I have not been dwelling that much health plan would still be allowed to plays into this effort. It happened, as on that, although I think we should restrict communications between doc- we pointed out, with tobacco, and there talk about it a little bit because when tors and patients, because their bill was a $40 million ad campaign by the it went over to the Senate, they would only prohibits gagging doctors who tobacco companies to defeat tobacco not even take that sham bill up. So we contract directly with the HMO plan. legislation, and they succeeded. They are faced in a situation now where they What they do not tell you is that most succeeded. will not even bring it up again because doctors subcontract with health plans Now, this is what Senator LOTT said, they think that, you know, cir- and their bill does not prohibit plans that the Senate Republicans need a lot cumstances have changed and the pub- from gagging doctors who subcontract of help from their friends on the out- lic is not paying as much attention to with plans. side. ‘‘Get off your butts; get off your that, which I think is garbage. There is So here again we have got all these wallets.’’ no question that the public is still very little quirks in their legislation, little Then we see another $40 million ad much concerned about it. exceptions and things that turn out to campaign by the group of votes here. But if we can just take a minute to be big exceptions that still impact the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE elaborate a little more on this sham majority of the people. The SPEAKER pro tempore. Mem- bill that they brought up, and I think There are similar things with the fi- bers must not make personal ref- you pointed out this issue of medical nancial incentives, where most insur- erences to members of the Senate. necessity which is really the heart of ance companies can still create finan- Ms. DELAURO. Mr. Speaker, then the this debate because when we say that a cial incentives for doctors who do not leader of the other body, that was his person is not getting care, it is usually provide care. quote, so that in fact what you under- because they are not allowed to have a So, again, I have not stressed this too stand here is that they wanted their certain operation or they are told they much, because I would have at least ap- folks to get up, get their money out cannot stay in the hospital more than preciated if the Senate would bring up there, and defeat managed care reform. 2 days for a certain procedure, and so any managed care reform bill and let Another $40 million ad campaign to de- the decision about what is medically us debate the issue the way we have to- feat managed care reform, one of the necessary in that case, just to have the night in this special order. But we did single biggest issues that the American operation or to stay the extra few days, not even get that. So there is almost public is trying to grapple with today. is essentially made by the insurance no point in talking about what should It just reinforces the point of how this company. or should not be in the bill, because Republican-controlled Congress is deal- b 1900 they will not let us bring the bill up. ing with legislation that faces people. What the Democratic or bipartisan, if I yield to the gentlewoman from Ms. WOOLSEY. Taking my time you will, Patients’ Bill of Rights says California. back, it worked. Did it not work? We is that medical necessity will be based Ms. WOOLSEY. We should not be sur- do not have managed care health re- on generally accepted principles of pro- prised, because a year ago, November form in this Congress. fessional medical practice. 1997, let me read to you from the New Now we have to change it. The people So it goes back to what the physi- York Times. of this country have to know what is cians and the physician groups say is Business and insurance lobbyists who happening, and I thank both of you for necessary, as opposed to what the in- helped kill President Clinton’s health plan in making this possible so we can speak surance companies say. They do not 1994 are mobilizing a new campaign to block to the issues and the people who are change that in their bill. They simply more modest proposals that would set Fed- listening can hear the issues, and we eral standards for quality of care. Repub- can be moving forward. We need a Con- say it is up to the insurance company lican leaders of Congress are urging the lob- to decide what is medically necessary. gress that cares about health care, our byists to step up their activities against an seniors, our children and our environ- This kind of trickery goes on for just array of managed care reform bills, backed about everything in their bill. Emer- by consumer advocates as a way to protect ment, and this Congress and its major- gency room care is another example. patients in a turbulent medical market. ity does not. You can theoretically go to any emer- That was the first. Then the times Mr. PALLONE. I want to thank the gency room under the Republican bill, reported on October 22, 1997 that Mel- gentlewoman. Let me talk a little bit but there is no guarantee that the in- ody Harnad, a Federal Affairs Counsel more about health care, if I can, and surance company is going to pay for it. at the Health Insurance Association of then maybe we could also bring up this We use this example of severe pain, America, summarized the situation in whole debate over Social Security, if because under the Democratic bill, we a confidential memo to her supervisor, you would like, because I think that is use a lay person’s standard, a prudent the vice president of the association, another one of the major points that I layperson. Obviously the prudent or and she said, feel needs to be addressed and that the Republicans have gone on off on a to- typical citizen, if you will, if they get The message we are getting from the severe pain in their chest, figures they House and Senate GOP leadership is that we tally different course. had better go to the emergency room are in a war and need to start fighting like I was so glad when you mentioned because they may be having a heart at- we are in a war. Republican leadership is about the President’s health care plan tack. now engaged on this issue and is issuing a few years ago, because, if we remem- Under the Republican bill there is no strong directives to all players in the insur- ber, at the time the President brought guarantee that severe pain is a basis ance and employer community to get acti- up his proposal for universal health for your getting emergency room care. vated. care, it was a different proposal. It was You could go to the emergency room Well, I would like to say that there not a single payer system, it was a dif- with what you think is a heart attack was a lot of fear in 1993 when I was first ferent approach. But, nonetheless, he because you have severe pain, and, if it sworn into the House of Representa- was responding to the fact that so turns out you do not have a heart at- tives, a fear of a single payer national many Americans, and more Americans tack, they do not pay the emergency health care system. every day, did not have health insur- room. Well, I think we are going to get ance. Ms. DELAURO. If you survive, they there sooner than we ever thought, be- Many of the issues that we have do not pay. Only if you die. cause, with attitudes like this, the pub- brought up are sort of aspects of that. Mr. PALLONE. I just want to men- lic has to be fearful that they will have We talk about managed care reform, tion one more example. We laugh, but health care in their future, a national we talk about portability, we talk October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10551 about preexisting conditions, about other concerns that we have brought 34 cents a month or something like people being denied care. But, most im- up here. that. portant, the President was addressing As I said before, with all the things I One of the reasons that the cost was the fact that more and more Americans think should have been done in this so minimal, and this was brought out do not have health insurance. Congress, if I was able to say that I by one of our task force hearings where What we have found since the Presi- only stayed here a few more days and we had someone testify from some of dent’s plan was defeated by the special was at least able to get the school mod- the Texas organizations that were in- interest lobbyists and their multi- ernization program passed, I would be volved, was because it led to preven- million dollar campaign was the num- happy and say okay, ‘‘let’s go home.’’ tion. In other words, it was sort of like ber of people that have no health insur- But, right now, they are not willing to what Congresswoman WOOLSEY was ance has gone up. There was a report address any of these things, and we just saying: Once the HMOs have this sort that came out just a few weeks ago have to keep pointing it out over and of floor that they have to provide these that had an all-time high, it was over over again. basic protections, they are very careful 40 million Americans, 42 or 43 million Ms. DELAURO. I think the gen- to make sure that the level of health Americans have no health insurance. tleman is right. Also, just because of care that is provided is of good quality, So we know the concern he had then what they will say on the other side of and you have preventative measures was a legitimate concern, and, in fact, the aisle, I would just say this: There taking place so that you do not get the situation is getting much worse. are reasonable people, as I said, be- lawsuits, you do not get all these prob- Now, we have tried sort of dragging cause the managed care reform bill was lems that result from the current sys- and kicking to get this Republican a bipartisan piece of legislation. It was tem, because they know they are being Congress over the last few years to ad- the leadership who will not bring it to watched, and it actually cuts the costs dress some of these concerns. We did the floor. I think that is critical, be- down considerably. manage to get a kids health initiative cause this is not bickering back and Ms. WOOLSEY. One thing I would passed last year. But what we found, in forth. We could have done this. We had like to call to everybody’s attention is fact, we had a hearing just a couple of enough votes. that these 10 million children that are weeks ago in the Committee on Com- Mr. PALLONE. If I could just take not covered, more than 80 percent of merce on the kids health initiative, be- my time back a second, you remember them live in families with at least one cause that initiative came out of the that we have our Democratic Health working parent. Committee on Commerce and was also Care Task Force, but the Republicans b 1915 another focus of our Democratic had set one up also, and they had come Health Care Task Force, is that al- forward at some point in the summer, That is a huge number. We are not though we were now on the way to en- early in the summer, with a patient talking about welfare recipients, we suring about 5 million more young protection bill that was very similar to are talking about the working poor children, that the number of uninsured the Patients’ Bill of Rights. Some of who work every day as hard as every- children is rising at a much more dra- the people on there had actually en- body else, or harder, at maybe more matic rate than it was when we were dorsed the concept of our Patients’ Bill than one job, and they cannot afford trying to address this kids health ini- of rights. But when Speaker GINGRICH health care for their children. One of tiative. So as fast as we are with this got a copy of that thing, he imme- the reasons that businesses do not pro- new program trying to ensure more diately said, ‘‘No way. We are not vide it is that health care costs are kids, the number of children uninsured going ahead with this.’’ He obviously going up again. is growing even larger. showed it to the insurance industry One of the reasons we supported The main reason for that is because and they said, ‘‘No way, this is much HMOs in the first place, and HMOs so many people who are working, and too protective of the interests of the were going to be the savior for health we are not talking about people who patients,’’ and he told them literally, care, is because the cost of health care are on welfare or eligible for Medicaid, ‘‘Go back to the drawing board.’’ leveled as the number of HMOs grew in we are talking about families that are They went back, two or three more this Nation. Now we have passed that working, who cannot get health insur- weeks, and they came out with this nexus. Health care costs are going up ance for their kids because more and awful bill that they eventually brought in rapid, rapid numbers, and the qual- more employers are not providing for up in one day. ity of the HMO is going down, so we health insurance, are not given the op- Ms. DELAURO. That is precisely the have to put that floor. That is what portunity for health insurance on the point. Let us listen to the public. We HMO reform would do, managed care job. reflect their interests here. We put a reform. I thank the gentleman. I have always felt what we needed to piece of legislation together. Let us get Mr. PALLONE. Mr. Speaker, I know do was somehow encourage more em- it passed. we only have about 10 or 15 minutes ployers to provide health insurance. I The other thing they would say is left, but if we could just spend a little do not know how you do that, whether that this was going to drive the cost of time talking about the Social Security it is a mandate or through some tax in- health insurance sky high and make it issue and what the Republicans tried to centives or whatever, but the HMO re- unable for people to pay for. do a few weeks ago with regard to form, as important as it is, only helps Wrong. The CBO analysis, Congres- these tax breaks for the wealthy versus those who already have insurance. The sional Budget Office analysis of the Pa- Social Security, because this was very numbers who do not have insurance tients’ Bill of Rights of 1998, was it disturbing to me. continues to grow. would have only a minimal effect on We passed the Balanced Budget Act This Republican Congress, it just ig- premiums, with most individuals pay- last year. For the first time in a long nores this whole health insurance de- ing only about $2 more per month for time, this year there was a bit of a sur- bate, and essentially, as Ms. DELAURO all of the protections that have been plus in the budget. However, when we said, is basically just in the pockets of cited in the past. So they should not look at the budget, we realize very the insurance industry, and they do not have said that. clearly that that surplus is totally the want any of these reforms to take Mr. PALLONE. If you remember, we result of money that has been set aside place. They just do not want to hear it, had many of the Members of the Texas in the Social Security trust fund, be- every aspect of this health insurance delegation, and these are not ideologi- cause at some time down the road that debate. cal liberals by any means, Democrats, trust fund money is going to be needed We are at the end of this session. We many of them of conservative ideology, to pay out benefits to senior citizens. are not going to be able to address who had the experience in Texas where We know that at some point, even most of these things. But we cannot let Texas passed a Patient Protection Act, more money is going to have to be them go home, we cannot let them go and it was very similar to what we available than what is set aside in the home without addressing some of these want at the Federal level. The results trust fund years down the road. concerns, whether it is HMO reform or are already in and show that the cost is But they had the audacity a few the education initiatives or some of the practically nothing. I think it was like weeks ago to suggest and to actually H10552 CONGRESSIONAL RECORD — HOUSE October 11, 1998 pass on the House floor a bill that That is staggering, and is why we going to be paid back. We are on our would take money from the surplus for cannot be political with Social Secu- way to a surplus. It will happen then. tax breaks, a lot of which, from what I rity. Social Security, we cannot play I am telling the Members, it had bet- can see, would just help wealthy cor- fast and loose with it. It has to be a ter happen, because if we do not, not porations. But regardless of who it thoughtful and reflective process. We only are we putting the Generation helps, they would be taking this money have the opportunity immediately to Xers and the baby boomers at risk, we out of the Social Security Trust Fund. take a look at this potential surplus in are putting our national debt at risk, They actually had to change the House order to be able to make it solvent over because a great percentage of that na- rules or get around the House rules be- the next 75 years. This is going to be tional debt is what we owe back to the cause the money was coming directly the critical issue in the next session of Social Security trust. from the Social Security Trust Fund. the Congress. It is a win-win. It is a two-fer, if we When I talk to the senior citizens in There are going to be a number of take care of Social Security. We need my district, I do not even have to ex- issues that are going to come up, such to get Social Security off-budget. So- plain this to them. They know it right as privatizing Social Security, which is cial Security deserves to stand on its off the bat. They understand. They be- something that I lean against, because own. It must be secure. I will not fool come very upset, because if we start the other piece, which is important to around with privatizing Social Secu- skimming this trust fund, we are going note, Social Security provides for a rity, but I certainly would encourage to aggravate the problem that we al- guaranteed annual income for these people to have a base, and we have to ready have in not having enough two-thirds of seniors who rely on So- find a way to encourage people to in- money to pay out benefits in the fu- cial Security for over half of their in- vest more. We cannot just depend on ture. come. There is a guaranteed annual in- Social Security for our retirement, be- Then what is going to happen is the come. cause that is not enough. It is not in- pressure is going to be on to reduce The privatizing solutions remove tended for that. It is intended for a benefits, either by raising the age or that guaranteed annual income, so we safety net. So, Social Security first; eliminating the COLA or somehow need to be very, very careful with it. tax cuts, yes, particularly for middle- changing the Social Security program. That is what we were saying by that income working families, next. That gets back to what the gentle- vote a couple of weeks ago in this body: Mr. PALLONE. My fear is that in the woman from Connecticut (Ms. Let us not raid Social Security, let us same way, and I do not know when it DELAURO) was saying again; this Re- make sure it is safe for the next 75 was, I think it was in the seventies or publican leadership does not care about years. Then, yes, let us move to tax maybe eighties before any of us were Social Security anyway, so that prob- cuts, targeted tax cuts for working here in Congress, that the Congress ac- ably fits into their scheme. families today in this country. tually passed a law raising the payroll I am thankful at least, in this case, Mr. PALLONE. Again, the biggest tax on Social Security to make sure that the Senate did not take up this concern I have is that so much time that there were enough benefits. That terrible bill. It just goes again to show was wasted on this debate. The Repub- is my fear. the kinds of things we have had to deal licans basically knew this was going In other words, what is going to hap- with and the kinds of things we have nowhere, so what happens? We are back pen here is if this money from this wasted our time with in this Repub- here again today. They have not ac- trust fund keeps getting siphoned off lican Congress. complished anything in terms of trying for these tax breaks or whatever it Ms. DELAURO. When we voted, I know the gentleman from New Jersey to achieve any of these goals relative happens to be, then 10 or 20 years from now, the next Congress or future Con- (Mr. PALLONE) did and the gentle- to education, HMOs, or Social Secu- gresses will be faced with actually hav- woman from California (Ms. WOOLSEY) rity. and I did, we voted for tax cuts. We all The issue is how to deal with Social ing to raise taxes in order to pay for support tax cuts. We voted for the tax Security in the long run and try to the benefits. cuts, and we said that they would go shore up Social Security for the future. What we are doing now, or what the into effect when there was a law in Instead, they waste all this time again, Republicans are doing now, is taking place that would make sure that the forcing us into a situation where we that money away, or they are not suc- Social Security system was solvent. are going to be back in session here to- ceeding, but they are trying to take it Because in fact with this opportunity morrow. There is no budget, there is so away for tax breaks, and they are for a surplus, the Social Security Trust little time, and basically they are say- going to make future generations pos- Fund surplus allows us to have the sur- ing, look, do not worry about it. Go sibly pay more taxes to make sure that plus, so in fact you are using the sur- home. A do-nothing Congress is fine money is there. That is the possibility plus and then shortchanging Social Se- with us. We take pride in it. we could have down the road. curity. It is just very upsetting. I think the Mr. Speaker, I yield to the gentle- We vetoed four tax cuts. I support only thing we can do is keep doing woman from Connecticut. tax cuts. Men and women are working what we are doing now, keep demand- Ms. DELAURO. Mr. Speaker, I just hard today. Families are literally ing something be done. Mainly, I think want to say, and it kind of sums it up throwing every hour that they have the education initiative is something for me about this Congress, it is really into the workplace, and they are barely we can try to achieve over the next few the political equivalent of the Maytag staying even. We need to do that. years. repairman. The Maytag repairman’s However, the point was, let the tax I yield to the gentlewoman from phone never rang because nobody ever cuts go into effect when we are sure California (Ms. WOOLSEY). needed his help. that Social Security is solvent, so the Ms. WOOLSEY. Mr. Speaker, I, for Our phones are ringing off the hook beneficiaries today will keep getting one, am embarrassed at how little this here, but we have a Republican Con- their benefits, and, if you will, my gen- Congress has produced. I would think gress that refuses to pick up the line. eration, the gentleman’s kids’ genera- the leadership of this Congress, of this All the Democrats are saying on these tion, will have the opportunity. House, would be red in the face when issues is, let us answer the call from I want to just tell the gentleman they look at themselves in the mirror. the American public. why, because this is critical. Social Se- I, too, voted for Social Security first First and foremost, we have talked curity is 60 years old. It has been one of and tax cuts afterward. But I want to about HMO reform, we have talked the major success stories of this coun- tell the Members, I represent if not about saving Social Security, but what try. We have men and women who are the, one of the best-educated districts we are asking for in these next several working hard all their lives, and now in the Nation. They know about this days while we are here is education re- for their financial security and their stuff. They have been saying to me form. Let us reduce the size of class- retirement years they rely on Social since the day I was elected in 1992, rooms, 100,000 teachers in grades 1 Security. Today two-thirds of Ameri- when is the Congress going to pay back through 3, and let us in fact modernize ca’s seniors rely on Social Security for what this country owes our Social Se- our classrooms, provide those tax cred- over one-half of their income. curity Trust Fund? I have said, it is its to local government, so that they October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10553 can float the bonds to build the b 1930 student night, to open house night at schools, and it will bring down their PRIDE IN THE UNITED STATES Cordova Park Elementary School, just own property taxes, if you will. Let us CONGRESS because I have faith in the principal do that for the good of our children. that oversees my children every day, That is what we are claiming to want The SPEAKER pro tempore. Under just because I have more faith in local to do in the next several days. the Speaker’s announced policy of Jan- school boards than bureaucracies in We can talk all we want about what uary 7, 1997, the gentleman from Flor- Washington, D.C., does that really has not been done. We have a few more ida (Mr. SCARBOROUGH) is recognized mean that I hate public education? Of days. This we can get done. I think we for 60 minutes. course it does not. have an obligation to go for it. Mr. SCARBOROUGH. Mr. Speaker, But we are 3 weeks away from the Mr. PALLONE. Mr. Speaker, I agree before I begin and respond to a lot of election, and this shrillness. It is offen- with the gentlewoman. I regret to say things we have heard, and there is an sive. We also hear that we hate the en- that HMO reform is dead, and that awful lot to respond to, I want to say a vironment because we do not agree there is no opportunity here to really couple of words about two people that with their form of regulatory burdens deal with the Social Security issue were in the news today that all Amer- that they have thrown on America for anymore, because they have run the ica needs to remember. over 40 years while they were in the clock. First of all is Clark Clifford, who was majority. a wise man to many Presidents. He But at least over the next few days if Listen, I have got a stream in my helped Harry Truman in dealing with we can get the budget to include these backyard. I have got blue skies over- the union crisis also certainly helped two education initiatives, the mod- head. My children drink from the water LBJ in Vietnam. He was a good public ernization of the schools and the 100,000 supplies that Democratic parents’ chil- servant. He was a wise man. Any clouds additional teachers, then at least we dren drink from. Who says we do not that may have come over his life in his can say that we have accomplished care about the environment? Again, it waning years certainly are insignifi- something before this do-nothing Con- is the shrillness. cant compared to his public service. gress goes home. We are just going to They have lowered the level of public be out there every day saying that. We Also we need to be thinking about Matthew Shepherd. He was a young discourse, and I think it is shameful. are not leaving. We are not leaving this We do not need to disparage Democrats place until we get some response from college student who was brutally beat- en a few days ago. I find it kind of iron- just because they believe in a central- the other side of the aisle on these two ized bloated bureaucracy. I can dis- issues. ic that Amnesty International this past week issued a report talking about agree with them without being dis- Again, I started off today by saying agreeable. that when I was back in New Jersey in human rights in America the same I am not going to say that they hate my district and I was at an event, this week that this happened. their children just because their poli- is what the people were talking about. While it certainly was not sanctioned cies failed in education from 1954 to I had a lot of educators there, I had a by this government, I believe all of us 1994. I am not going to say that they lot of elected officials on the local who are public officials must do all we hate their grandparents because, over level, and as the gentlewoman from can to publicly condemn these type of the past 40 years while they were in Connecticut (Ms. DELAURO) was saying, actions. Certainly all of America’s control, they did not put aside one cent they were saying they need to modern- prayers need to be with Mr. Shepherd for Social Security. ize their schools, and they cannot do it. today. They cannot get the bonding. The cost There is also obviously strife in the But after four years, we have already of the interest rate on the bonding is so District of Columbia as we have heard. put a plan together to save $1.6 trillion excessive that they either cannot do it, It has always been that way, I guess, to save for senior citizens and keep So- or the taxpayers are upset because of from the time that our President cial Security solvent. I am not going to the amount of money that is involved. Adams, our second President openly say that they hate senior citizens. I am We need to address these issues. I loathed our third president Thomas just going to say that they are know the gentlewoman has the dozen Jefferson. This is a bit of tradition in misidentified, that their way was the education initiatives that they failed Washington, but those two gentlemen way of LBJ and FDR and generations to do. I wish the gentlewoman would go learned how to disagree without being past. over that. disagreeable. But we are going into a new era, and Mr. Speaker, I yield to the gentle- Unfortunately, as we have heard we need to go into that era with a bit woman from Connecticut (Ms. today, that has just not been the case. higher public discourse. They say that DELAURO). We need this honest debate. There are we take pride in doing nothing in Ms. DELAURO. Mr. Speaker, I would differences. But I am continually dis- Washington, D.C. in this do-nothing be happy to. This is the dirty dozen appointed by the tone of the rhetoric Congress. Well, I do not want to get that the Congressional Republicans from the other side. into this partisan wrangling, but facts wanted to do to our public schools: This is what I heard just about 15 are stubborn things, and the American eliminate the Department of Edu- minutes ago, quote, ‘‘the Republican people have been misled. cation; divert billions of dollars in pub- majority does not care at all about I think the American people need to lic school funds for private school America’s health care, about our chil- hear the facts. Four years ago, when we vouchers; cut school lunches for poor dren’s education, or about the environ- got here, Americans had a $250 billion children; block-granting critical edu- ment.’’ This is not quite as bad as the deficit that was strapping them down cation programs, and when we block- last session when I think I was called a and strapping the economy down. We grant those programs, we eliminate Nazi because I was a Republican prob- had Alan Greenspan, Fed chairman, programs, and there is no accountabil- ably about 5 or 10 times by the minor- say, if we balance the budget like the ity by the Governors as to where that ity because they disagreed with our ef- Republicans are proposing in 1995, we money is being spent; ending equal op- forts to balance the budget. This shrill will see unprecedented growth in portunity in higher education; tax cuts rhetoric does nobody any good. America. for wealthy taxpayers who send their I have a question to ask. Who says I Four years later, we have a $70 bil- children to private schools; eliminat- do not care about our children’s edu- lion surplus the way that Washington ing summer jobs; eliminating school- cational system, when I have got two calculates the surplus. And true to the to-work; ending school interest sub- boys in public schools back in Pensa- Fed chairman’s prediction, we have un- sidies for student loans; eliminating cola, Florida, just because I do not be- precedented growth in America. Inter- safe and drug free schools. That is the lieve that bureaucracies in Washing- est rates did come down. America’s litany, that is the legacy of this Repub- ton, D.C. should have more money, economy has been stronger over the lican Congress. more power, and more authority, and past 4 years than ever before. Mr. PALLONE. Hopefully, we can get just because I believe that the teachers Am I proud of that? Yes, I am proud something done before we adjourn. that I meet when I take my children to of that. I am proud of the fact that we H10554 CONGRESSIONAL RECORD — HOUSE October 11, 1998 also did something about welfare re- I also hear them talking about to- children’s classrooms, but also across form. We promised we would do some- bacco, the evils of tobacco, and how the my district, across this country, and thing about welfare reform. The Presi- Republican Party is fueled by greed, then in Washington, D.C., and I can tell dent promised in 1992 that we would do lust, and tobacco money. I cannot help my colleagues the classrooms are in something about welfare reform. But but remember the articles that came dire need of more money, better books, when the Democrats were in control, out after the 1996 campaign that better facilities, better computers, he did not do it. When we got into con- showed that, no, the Democratic Na- more teachers, and smaller classroom trol, he had to do it. tional Committee did not take money sizes. In the first 6 months, the welfare from tobacco companies. Instead, they But we are not going to get that by rolls of America dropped by almost 8 let their State parties take money keeping the money in Washington, D.C. percent. We have a long way to go. But from tobacco companies, and then they and growing the education bureauc- am I proud of the first step we took in funneled the money to President Clin- racy. They are very fearful that power welfare reform? Yes, I am proud, and ton’s campaign, to the Democratic may actually slip out of the hands of America is proud. House Members’ campaign, to the Washington bureaucracies and their al- Tax relief, I hear them say that they Democratic Senate Members’ cam- lies and instead go to teachers and par- agree that we need tax relief. But I paigns. The same campaigns where ents and principals. have never heard of a single tax relief they were shaking their fist on tele- I am fearful that that will not hap- bill that the Democrats have supported vision talking about how they hated pen. Because, while they were in con- since we have been here, not a single big tobacco. They hated it so much trol from 1954 to 1994, we saw the edu- one. But we gave Americans the first they did not take the money directly, cational standards and the system in tax cut in 18 years and tax cuts that they had to take it under the table. this country skid at an unprecedented will help them educate their children, I am saying this as somebody who alarming rate. tax cuts that will help grow the econ- has not been a friend for big tobacco. I We have got to do better. My two omy, that will keep interest rates voted against tobacco subsidies before. boys deserve it. Our children deserve it. down, and have if put student loan I will do it again. I think it is bad pol- Their children deserve it. We are not rates at their lowest of percentage icy for America. I think it is bad policy going to do that as long as we continue point. That helps all of Americans. Am for the health of our children. But I to fight to protect the status quo. I proud of that? Yes, I am proud of also think it is bad to have this level of Let us get all the money we can get that. disingenuousness coming from the into the classrooms. We are not a do- Despite all of the wrangling and all other side. Do not attack tobacco if nothing Congress. I really do not want of the screaming and all of the moan- you are taking their money under the to tread too much into this area, but I ing about how horrible this Congress table. think it is necessary, because we have Again, we hear about Social Secu- has been, the public opinion polls show been attacked as being a do-nothing rity; last time, we wanted to cut taxes that more Americans are pleased with Congress. to raid the Social Security Trust Fund. the performance of this Congress, over I think it is important to set the Well, I do not hear them saying any- 60 percent. The newspapers say it has record straight, that the same party thing about the $17.1 billion that Presi- been a historical high more than it that is attacking us as being a do-noth- dent Clinton and the Democrats want have ever been. ing Congress, even after we passed this to use today to take from the Social So am I proud of our accomplish- historic balanced budget agreement, Security Trust Fund to fund more gov- ments, yes, I am. Am I discouraged by the economy is booming. Welfare rolls ernment spending in Washington, D.C., their rhetoric? Certainly I am. They are down. The Social Security trust more employment of bureaucracies, talk about health care, about how we fund is solidified. do not want our families to have good and more regulations. The moral of the story today, it ap- What we found is that we have a health care. That is insulting. pears on October 11, 1998, is that the Democratic Party whose leader has My father underwent open heart sur- Democratic Party thinks it is bad to held only two cabinet meetings in 1998. gery a year ago. He would not have give Americans a tax cut if that takes Think about that for a second. Here we been able to afford it himself. Obvi- a dime out of the Social Security Trust are being attacked for not doing ously, we have a health care system Fund. But if we are talking about feed- enough. The President, their President, that is the best in the world. We have ing bureaucracies, making the Federal our President has only held two cabi- to improve on that and get more Amer- Government even fatter and bigger and net meetings this entire year. icans in to have access to health care. more obtrusive, then that type of gut- We know during the first cabinet We have to curb some of the abuses, ting of the Social Security surplus is meeting, he used it to mislead his cabi- and that is what we did when we tried okay. net officers. The second cabinet meet- to pass a health care reform bill earlier Again we have inconsistencies. They ing was to apologize for misleading his this year. just cannot seem to get their story cabinet officers. But it has never been enough. We ac- straight. They cannot get their story I think we deserve better. I think we tually heard 20 minutes ago a Member straight on education either. We are deserve more honesty from our leaders from the minority party dream wist- the do-nothing Congress on education? when they attack us for doing nothing fully, and I could not believe it, but I do not think so. I think we proposed to actually put that mirror up and see they cannot help showing their hand one of the most dramatic bills for edu- what they have done. sometimes, dreaming wistfully of the cation reform that has been proposed Instead of vetoing every single edu- day when America will once again rec- here in 40 years. cation proposal that we have sent to ognize that we need a single payer We had a very radical message, a the White House, seven education pro- health care system, that we need to so- very dangerous message. The message posals, every single one of them vetoed, cialize medicine in America. was this, it was a message of Jefferson I think they need to turn around and I am sorry. I thought that is what and Madison, it was that we are a Na- start being constructive. the President tried to do in 1993 and tion of communities, not a Nation of b 1945 1994. Have Americans decided in the bureaucracies. past 3 years that they were wrong when We had the Dollars to the Classroom They are saying they are going to they elected us to Congress in part be- Act. We said we were going to give 95 keep us in town. That is fine. We will cause he tried to socialize one-seventh percent of the money in Washington, stay in town. We will debate the issue of the economy with the health of the D.C. in education to the classrooms. of education. We will debate who has Democrats? No. That is radical in Washington, D.C. in done better on saving the Social Secu- Americans still do not want social- 1998. But we are actually going to rity trust fund. We will debate on who ized health care. Even if that is what spend education money in the class- has done better by balancing the budg- the liberal extreme left wants, we have rooms. et for the first time in a generation. We to chart a moderate course for health I can tell my colleagues, I have been will debate about who has done a bet- care reform. around the classrooms in, not only my ter job cutting taxes for the American October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10555 people. We will do that as long as they talk about our great record on Social The fact is, the number one priority want to do it. Security and keeping Social Security of the President in education would not The American people are on our side. solvent. We want to talk about taxes. be there if the gentleman from Florida They are the ones that need to worry We want to talk about balancing the (Mr. SCARBOROUGH) and the gentleman about getting back to their district and budget for the first time in a genera- from Indiana (Mr. SOUDER) had not justifying what has been going on with tion. We want to talk about doing all voted in committee giving them their the Democratic Party over the past 7, the things that we have done. margin of one to get it through. 8, 9 months. We will let the Committee on the Ju- We are supposed to be the terrible In a free and open debate, in what diciary talk about the impeachment people. We are the people they are con- Thomas Jefferson called the free mar- proceedings, but if they want to talk stantly fingering. We have reached ketplace of ideas, we are going to win issues, we will talk issues. The Amer- over and tried to work together. We every time, because in the end we be- ican people, I get people calling up say- have tried to give them tobacco. We lieve like Jefferson, Madison, Washing- ing, you people need to do the people’s have tried to pass bills through here. ton and our Founding Fathers, that the business. Well, all of this that we are We have tried to move the Patients’ genius of America does not lie in Con- talking about, education, Social Secu- Bill of Rights and different health leg- gress or in the Senate or the White rity, health care, that is the people’s islation through. What we do not see is House or in bureaucracies across Wash- business. That affects government. But any accommodation from the other ington, D.C. but, instead, the genius of what also affects the American people side except venom. America rests in communities. is whether they have an honest and I thought you did a good job of point- We are a Nation of communities. We trustworthy President and honest and ing that out. are a Nation of individuals. We are a trustworthy Members of Congress. And Mr. SCARBOROUGH. I have to tell Nation of people that actually know those are tough questions that have to you, it has been very discouraging to pretty well how to govern ourselves be asked. see for the past four years Republicans and how to educate our children and At the end of the process, we cer- sitting on the floor, talking on the how to take care of our parents and tainly hope that America will be floor and balancing the budget, cutting grandparents. stronger because of it, but it will be taxes, saving over a trillion dollars for What is at the bottom of their argu- stronger, we know already, because of Social Security. And from the first day ment? Regrettably, it is the paternalis- the great policy objectives that we that we got here, all I have seen is ven- tic belief that they know how to edu- have put forward over the past four omous attacks. I remember the first day we got here, cate my children better than I do, they years that have been such a success. know how to take care of my children Mr. Speaker, I yield to my friend, the it was the Speaker’s book deal, that this was somehow a horrible affront to and my parents’ and my grandparents’ gentleman from Indiana (Mr. SOUDER) health better than local governments who has done a fantastic job with me western civilization. Then they dredged and State governments. And they know on the Committee on Government Re- up that story about the Nazi historian how to spend our checks that we get form and Oversight. and it went down hill from there. Now I am told that I do not care about my from working better than we know how Mr. SOUDER. I wanted to make a children’s public education. I care very to spend our money. It is total arro- brief comment associating myself with much about my children’s public edu- gance. It is the arrogance that drove your earlier remarks. One thing, I was cation, just as I care as deeply about them out of power in 1994, and it is the a little concerned that you were going the education of children who are arrogance that is going to haunt them to discourage them from advocating so- south of the Anacostia River, who will again three weeks from now. cialized medicine when, in fact, you not be getting to go to the schools that I think we can do better. I think we and the gentleman from Oklahoma the President and the Vice President’s can continue fighting to do the things (Mr. COBURN) and I owe a lot of our children were able to go to when they that we have been doing. I think we presence here, as you point out, to the were here, because the President ve- need to ask the President to become fact that they advocated socialized toed a bill that would have given chil- engaged in this process, to stop calling medicine in 1993 and 1994. And I hope dren south of the Anacostia River the out focus groups and pollsters and say- they continue to advocate that because same opportunity that his children ing, how can I save myself from this it goes contrary to the American will. I want to associate myself with two had. political crisis that I find myself in? Now, listen, this is a tough business. other things that you said. I think it is We need the President of the United I certainly am not saying that the very important for the Speaker and States to come back to Washington, to President and the Vice President’s anybody watching this discussion to sit across the table, to negotiate in- children should not have had that op- stead of doing what he continues to do. understand. When the venom comes portunity, but I am saying, why do you I told you that he held two cabinet out of the other side’s mouth and they not give the children in Anacostia and meetings all year for not the best of talk about the radicals and the people inner city Washington, D.C. the same reasons. Well, he has held over 96 fund- who are extremely conservative, the opportunity that your children and our raisers this year. In fact, tomorrow he truth is that they are talking about, if children have? It only seems fair. is going to be holding a fund-raiser in anybody else, you and me and the gen- One other thing on the radical re- Palm Beach, Florida, would we all not tleman from Oklahoma (Mr. COBURN). mark. If we are radical, then so, too, like to be there, and New York City. So Do you know what? I do not take to- are the 65 percent of Americans who he is going to be holding as many fund- bacco money. I sent tobacco money agree with what we are doing. I guess raisers tomorrow as he held cabinet back. I do not even take the affiliates the only people that are rational are meetings all year. of tobacco money. I, too, like you am those in the 35 percent minority, be- Is this really a President that is seri- concerned about the impact of tobacco cause they are basically saying that 65 ous about doing the Nation’s business, on my kids. Yet we are the class of percent of Americans are backward and about reforming education and health 1994. We are supposed to be these con- dangerous and radical. care and Social Security and balancing servatives. Who are they talking about Mr. SOUDER. I, too, want to point the budget and cutting taxes, or is it a exactly? Furthermore, they talk about out that I have two children in college. President who is desperately doing ev- education and beating on it, saying we Both of them went through public erything he can in his political power are not doing anything. In the higher schools, through elementary, junior to hold on to his office for at least education bill, there was bill developed high and high school. My youngest is three more weeks until the midterm by the gentleman from Pennsylvania going through public schools. I went elections? (Mr. FATTAH) that he worked with the through public schools. I get tired of There are some disturbing questions President on called High Hopes. Not a people lecturing me, whose kids are in to be asked that we are not going to go lot of Members in on our side advo- private schools, about public schools. I into. I want to talk about policy. I cated that. I was a cosponsor. In com- thought that was a very good point. want to talk about education because mittee we talked together and you cast Mr. SCARBOROUGH. As a public fig- they talked about education. I want to the deciding vote. ure, I have seen that time and time H10556 CONGRESSIONAL RECORD — HOUSE October 11, 1998 again. You have, I do not want to put sworn in and confirmed by the Senate. take care in reporting on his program a label on them but for lack of a better This lady is somebody we can be proud initiative HUD 2020 in the OIG’s semi- use of a label, liberals telling me how of. She is a career lawyer who has annual report to Congress. The Sec- much I hate public schools while their worked to expose fraud and abuse and retary stated that he was having HUD children are going to private schools. I to expose those who perpetrate and 2020 evaluated by outside private sector do not know about the gentleman from steal the very tax dollars that people program consultants and their reviews Oklahoma (Mr. COBURN) but I know bring to the operation of this govern- would be very positive. The Secretary you and I are not country club Repub- ment. said that he did not want Ms. Gaffney licans. I know he is not either. We are She has been in the housing industry to be humiliated by filing a report at not Rockefeller Republicans by any since 1970. She has had the following odds with the others, regardless of stretch. We have an awful lot more in awards: the Presidential Meritorious what the truth was. In fact the Sec- common than a lot of those Members Rank award, the Distinguished Honor retary spent $412,000 contracting for claiming that we hate public edu- award, the Joint Financial Manage- outside reviews which the Inspector cation. Our children are going to public ment Improvement award for distin- General had a parallel review going on schools, and I have got to tell you, I guished leadership, and because of at the same time. One of the reasons is am glad every day that they are. those awards, she was appointed and they gave very different results. De- Mr. Speaker, I yield to the gentleman placed to be the watchdog over the spite authorizing language in the In- from Oklahoma (Mr. COBURN). housing programs in this country. spector General Act of this government Mr. COBURN. I want to identify with She came in under Secretary and precedent and other offices of the a few of your remarks. Being from Cisneros’ tenure and had a great rela- Inspector General throughout the gov- Oklahoma, I went to all the public tionship, developed good input and had ernment, HUD’s general counsel opined schools, all of my kids went to public a wonderful course, where she helped that the HUD Inspector General not es- school. I have, my third daughter, my that agency control the dollars and tablish its independent personnel func- youngest daughter is now a senior at made sure that fraud and abuse were tion without the approval of the Sec- Oklahoma State University. Public not present. retary. Congress has decisively re- schools is something that we need to However, I am sad to report that at solved this issue by inserting language enhance, and nobody here is saying we this time the situation at HUD is very in the Senate-House conference report should not. The question is, how many much different. There is no question in the omnibus bill on the HUD’s 1999 of the dollars are spent on the children that Secretary Cuomo and Ms. Gaffney appropriation. The reason I stand here and how many of the dollars are spent share the same strong commitment to and share this with you is the apparent in the classroom and how many of the HUD’s mission. However, the depart- assault on government accountability dollars are sent there for a merit raise ment appears very uncomfortable with and the apparent assault that this In- for an outstanding teacher versus how the concept of an independent Inspec- spector General is under. many of the dollars are spent above tor General who has dual reporting re- When I was elected in 1994, the ma- that school all the way back to Wash- sponsibility to both the Secretary and jority who voted for me wanted a ington? to this Congress. change. They wanted sunshine, they The fact is only 60 percent of the dol- I believe that Inspector General wanted open government, they wanted lars are getting to our children. Why Gaffney wishes to do the job to the best less government and they wanted more should not our teachers be some of our that she can and to bring accountabil- efficient government. They wanted an highest paid professionals? Why? Be- ity to HUD, its programs and the tax- accounting of the tax dollars that is cause it is getting chewed up in admin- payers who support it. coming out of their paycheck every istrative costs from Washington before Over the past couple of years a series day. One of the ways we achieve a goal it ever gets there. of events suggests that there have been like that is to make agencies account- It is interesting, not long ago they efforts to tarnish her superb reputa- able. One of the greatest assets that I published a study done in Massachu- tion, her record and to limit her ability have as a Congressman is the Inspector setts, an 8th grade literacy test, 40 per- to do her job. I want to share some of General’s office. They have an expert cent of the teachers in the State of those for the record. knowledge of governmental areas and Massachusetts could not pass an eighth Number one, the Acting General critiques of programs. I think the gen- grade literacy test. That is not an af- Counsel of HUD, a key aid to the Sec- tleman from Florida would agree when front from me towards the teachers of retary, asserted that the OIG audit re- we have Cabinet secretaries undermin- Massachusetts, but it brings to bear ports should be issued only through the ing the position that was placed there the very real problem. We put the dol- Office of the Secretary, violating the to hold them accountable in the first lars in the wrong place. laws that we have set on the books. place, that we have something very If we want excellence, then we have The OIG was not authorized to have its wrong ongoing. It is my charge to concentrate the dollars in the class- own office of counsel. The OIG was vio- through this House that the Secretary room. I hope you will yield me about 4 lating its memorandum of understand- let the Inspector General do her job, or 5 minutes. There is an area that, an- ing with the HUD General Counsel. that she would not be harassed, she other area in Washington that I would These actions contradict the concept of would not be limited and that her ex- like to address and just take a little an independent counsel and an inde- emplary record be used to make sure break here for a minute, if I could. pendent Inspector General. that our tax dollars are used in an ap- It has to do with the Office of Inspec- propriate way for those that are de- b 2000 tor General. This is an office that was pending on our assistance for housing. created to create a balance. The In- A deputy general counsel at HUD With that, I change the debate back. spector General in all the different de- stopped a routine investigation of an I think that is something that needs to partments in this country was designed Equal Employment Opportunity com- be said. It is unfortunate that we see to be a balance, to look at, to make plaint against the Inspector General this many times coming out of this ad- sure, to both report to Congress and to and instead contracted with two law ministration. This is not the only area the Secretaries that, under the laws, firms outside of the agency to do a where we have seen this type of coer- that each of those departments were wide-ranging investigation of the com- cion take place in trying to move the running properly. It was established to plaint. A typical EEO investigation government in a way other than sun- promote economy, efficiency, effective- costs $3,000. HUD is paying $100,000 to shine and other than light. I thank the ness, to prevent fraud, waste and mis- outside lawyers for the investigation gentleman for yielding. management in the programs that each that is ongoing. Number three. On two Mr. SCARBOROUGH. I thank the of those agencies operate. occasions, the Secretary has cut the of- gentleman. Really it does fit right in There is a particular inspector gen- fice of Inspector General’s budget re- with what we were talking about when eral, Ms. Susan Gaffney. She was nomi- quest without notification, without we were talking about who to trust, nated for the HUD Inspector General consultation. In February of this year, about whether we were being misled in post in 1993 by President Clinton, was the Secretary advised Ms. Gaffney to this debate or not and whether or not October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10557 we can trust the administration offi- that are sending the money here. We says, ‘‘Sure. I’ll call my friend at the cials to properly execute and faithfully have done that at the same time while CIA, Bob.’’ He scribbles down on notes execute the laws of this country. we want to protect what money is com- that were later subpoenaed, ‘‘Call CIA Mr. COBURN. One key point. We ing into Social Security today. We al- Bob.’’ He called CIA Bob, he went heard that the Republicans had not ways hear we cannot do it. We cannot around this government employee that done anything for municipal bond fund- do it. That is based on the assumption was trying to keep government clean, ing for schools. The President vetoed a that the government is this wonder- to keep this international fugitive out tax cut for schools in terms of their fully efficient operating machine, of the White House and, sure enough, ability to float bond issues. He vetoed 110,000 IRS employees. How efficient like a lot of other things that happened it from his own desk. So to claim that are we that we need 110,000 IRS em- in 1996, it got murky and they did not we did not do it, we did it, we passed it, ployees? How efficient are we at all listen to the people that were put there we sent it to him and he vetoed it. So these different Cabinet levels? How ef- to be watchdogs for the White House, the misdirection. One of the things you ficient are we at the Department of for the administration, for this govern- do when you are on offense, if things Education with our 6,000 employees ment, for this city and for America. As are not going real well is you mis- that are mandating on the people that a result, America suffered because of direct. You go a different direction. I represent what they will and will not it. That is what we see on the football do while at the same time for years the Mr. COBURN. I will finish up with field. That is what we are seeing in commitment to IDEA, education for this. As I travel around my district, terms of playing with the truth. those with disabilities, was promised every time I encounter a teacher I ask Mr. SCARBOROUGH. I thank the by this government to be 40 percent of them two questions. Is it the system gentleman. It is disingenuous. It is dis- the cost. It has never come close. So that is the problem or the kids? If you turbing and again whether you are what we have is school boards having could discipline in the classroom and talking about tobacco, whether taking to maintain a federally mandated you had the time, would our kids do tobacco money under the table, shuf- budget program to meet the require- better? Uniformly, every time, they say, I do not have the time to fill out fling the money around in a different ments of IDEA while we do not send the paperwork and teach the kids. I do way; whether you are talking about them any money. It is called an un- not have the ability to instill the dis- health care reform where they are still funded mandate. If we would just pay cipline in my classroom without the dreaming of socialized medicine; if you our share, what we promised to send to support of the structure of law to make are talking about Social Security the local school districts for IDEA, every school district in the country it that I am not sued every time I try where they claim that we are raiding to control the environment in my would average about a $500,000 to a $1 the trust fund, yet they want to spend classroom. So what we are really ask- million increase in their budget this $17.1 billion that they would take di- ing teachers to do is to teach with both next year. rectly out of the surplus on new gov- arms tied behind them. We take half ernment programs; whether you talk Mr. SCARBOROUGH. That point the gentleman made, that really answers their time away filling out paperwork about what we have done over the past and then another third of their time why we got elected in 1994. The ques- 4 years in setting aside over $1 trillion trying to control discipline in a posi- tion was to the American people, who for the Social Security trust fund. tive way that eliminates any ability do you trust? Do you trust politicians Again and again it is disingenuous. for corporal punishment or significant with your children’s education or do Mr. COBURN. I have a question for absence of privileges if in fact you do you trust parents? Democrats for 40 the gentleman. Where did the $1.6 tril- not participate and behave. One of the years trusted politicians in Washing- lion of IOUs that are in the Social Se- things we have to do is dollars to the ton. We trusted parents. Do you trust curity bank account now come from? classroom. The block-granting of edu- bureaucrats at the Department of Edu- Mr. SCARBOROUGH. The gentleman cation programs have to go directly to cation bureaucracy or do you trust is exactly right. For 40 years the the school districts. And individual Democratic Congress borrowed, begged teachers? I can tell you I know my school districts have to spend that or stole from the general budget and children’s two teachers. I do not know money on the kids, on the teachers. got $1.6 trillion out of the Social Secu- a single bureaucrat right down the The only other thing we can do is we rity trust fund. That has changed dra- street at the Department of Education. can download the paperwork burden for matically just in the past 4 years. I If my child is having trouble reading, our teachers, and that starts right have got to say, I think I would have a or with his math, if he is having trou- here, by eliminating programs, elimi- hard time getting on this floor and say- ble in his school, I can go to the source. nating departments so that paperwork ing with a straight face that after that I do not want 60 percent of their paper- is not generated in the first place. If we sorry record over 40 years, I would have work that they have to do coming from do that, we will see changes just like a hard time pointing at somebody else Washington, D.C., and that is what an we saw in welfare reform. If we will that has made Social Security solvent. Ohio study said it did come from. I start using a commonsense approach Mr. SOUDER. You would at least would rather them have that time that is based on proper incentives and think they would come out and say working on lesson plans for my chil- proper punishments when behaviors are they are sorry. ‘‘We’re sorry that for 40 dren. It does come back to the question not right, then we will see the kind of years we did this.’’ Maybe it would of who do you trust. response in education that we all want take seven speechwriters to sort If I could just say one more thing and from our public school system. through this over time to get the then I will yield to the gentleman, be- Mr. SCARBOROUGH. I thank the ‘‘sorry’’ part down just right. But how cause what he brought up at HUD re- gentleman. And most importantly it you can come down here and not even minds me of something that I found will not be Washington making those say you are sorry and then point at us out about a year ago in this Chinese decisions. It will be teachers and par- who have just gotten here, barely 4 campaign finance scandal. There was ents and principals who are going to be years in control, have balanced the an international fugitive who wanted empowered for the first time in 40 budget for the first time, have a sur- to go to the White House and there was years to make that decision. For the plus actually putting the money over this pesky employee at the National life of me, I really cannot figure out in Social Security and then to point at Security Council that said, ‘‘No, we’re why my friends on the extreme left will us just takes an incredible amount. At not going to let an international fugi- not allow Washington to get out of the the very least you should say you are tive in the White House.’’ So the inter- way and get those dollars to the class- sorry. national fugitive goes to the head of room where they need it so des- Mr. SCARBOROUGH. It depends on the Democratic National Committee perately. what the definition of ‘‘sorry’’ is. and he says, ‘‘I’m an international fu- Mr. COBURN. I would just add one Mr. COBURN. I would just make one gitive. They will not let me in the other thing. Somebody may think that other assumption. We have tried to White House. There’s this pesky I am one of those extreme conservative slow the growth of spending. We have woman down at NSC who won’t let me radicals. A father, a grandfather, I de- tried to send money back to the people in. Can you fix it?’’ The DNC chairman liver babies on the weekend still. I love H10558 CONGRESSIONAL RECORD — HOUSE October 11, 1998 children. But I also know if they do not b 2015 might be better off with the Watergate have guidance and if they do not have We do not have such tapes with this story. It is not doing us much harm. discipline, they are going to be in trou- current President and probably given The President says, yes, not much. ble, and they desire that guidance. Do what has happened with the Nixon What I mean is the harm that is done not ever kid yourself. They want to be tapes we may not in future years. But when the reporters are in a hurry too disciplined in a way that will give there are some dramatic things on this much. Haldeman: That is right, but the them a future. It is natural that they that come across very similar to many difference also is that the indictments would desire it. of the things we have been hearing over will be less than anticipated rather Mr. SCARBOROUGH. I thank the the last few months, and I want to put than more. The indictments do not, see gentleman from Oklahoma for coming some of these in the RECORD. they said all along if the indictments or guilt reaches into the upper levels of and speaking with us today. He has Number, point number one: Limiting the Committee on the White House, certainly helped out. I yield to the gen- the testimony, July 20, 1972, Bob then there is the problem, and they did tleman from Indiana. Haldeman is talking to the President, quote, so they branded slow and tem- not at this time, which is what we have Mr. SOUDER. I thank the gentleman porary immunity, and he is going to been seeing here, limiting. You say it from Florida for yielding. It is once cover what he knows about the Water- might be this bad, and then it comes in again really important to remind peo- gate stuff, which is nothing, and that this bad, and everybody goes, oh well, ple why on a Sunday night we are here gets him out of the thing. Now what that is a relief. and not with our kids and families. they had planned to do is he was going Number 5: Complaints about spend- There is nothing going on in the nego- to take the fifth, but this avoids his ing too much money on the investiga- tiations right now in the budget agree- having to take the fifth, which is much tion, something we hear constantly. ment that we did not know were going better because he has no guilt, where September 15, 1972, 5:27 p.m., Nixon, to be in the final conditions 12 months under the Watergate thing he has some Haldeman and Dean, John Dean says ago. There is no excuse that we are of the other. They just opened a new quote, the resources that have been here. As I would like to point out again line of prosecution. We have seen that spent against this whole investigation as I did earlier, the plain truth of the in limiting the testimony today too re- to date are really incredible. It is truly matter is many of us believe our lead- garding some people in this adminis- a larger investigation than was con- ership has negotiated too much away. tration. ducted against the after inquiry of the In fact when they were kids, I bet they Two: Limit the scope of the inves- JFK assassination. were the kind of kids who when they tigation. In 1972, Bob Haldeman again Number 6: Build up expectations so went trick-or-treating and they talking to the President: Petersen, the news is less damaging. Here it is Nixon knocked on somebody’s door and said Justice Department, is working with and Colson, and they are talking about trick-or-treat and the person came to that knowledge, directing the inves- leaking false information through a the door, they probably gave the per- tigation along the channels that will friend in the media, that the spread is son candy out of their pumpkin. We not produce the kind of answers we do going to be 19 points over McGovern, have in effect surrendered much of not want produced. and Nixon then says 27 points, and what we fought for. The plain truth of Now he also goes on to say that Pe- Colson says it will sandbag him, it will the matter is that the President has a tersen also feels that the fact that sandbag him, and Nixon says sandbag lot of leverage right now, but why there were some lines in this case that them always, that is right. would he not want to deal? Why given ran to the White House is very bene- Number 7: Complain about press ob- the fact that we have gone through ficial because it slowed them down in session, avoiding real issues, October these same points, we had a shutdown pursuing things because they are all of 13, 1972, 7:26 p.m., Nixon and Colson. in 1995, we are down to the end here, we the view that they do not want to in- Nixon: They have to attack the press know what things we are going to de- dict the White House, they only want for its double standard. Colson: Yes, I bate over, human life, over the size of to indict the, they want to tighten up think that is the only way. Nixon: And government, over national testing, the case on that criminal act, Water- by making it an all-out assault on the over census, what could possibly be a gate, and limit it to the degree that press for their double standard and the motivation? they can. This is in fact exactly what rest and say now come on, you are the FBI director and Mr. LaBella who going to report this campaign, let us Well, one of the things that has been did the Justice Department investiga- report what is happening. much talked about in this country is a tion said in their memos to the Justice By the way, I have been going movie called ‘‘Wag the Dog.’’ The dog, Department which is that the Attorney through this book, and last night I the tail wagging the dog, because of an General had limited the investigation spent 3 hours because the more I heard allegation in that movie that because to narrow parts and would not broaden this the more I thought this is what we of a personal affair of the President he the investigation. That is in that hear in the Committee on Government decided to start through a movie thing memo that they will not release. Reform and Oversight all the time. a war. Now, in this case clearly there is Number 3: We need to finish this in- Mr. SCARBOROUGH. And you are no war. I am not making any allega- vestigation, no fishing expedition. We right, it is, and you talk about the tions that the movie in fact says any- have been hearing that for 4 years now. press. We have heard continued com- thing about this President regarding On August 2, 1972, Bob Haldeman said plaints about how the press is on a that type of incident. But there is a le- this to Nixon. The Attorney General witch-hunt and that they are abso- gitimate question, is there a secondary has ordered the director of the FBI to lutely enraged that over 115 or over 120 motivation? Is there in fact a tail that end the investigation. He said they newspapers have called for the Presi- wags a dog in this case where the tail have got all they need to wrap up their dent’s resignation, and these are inde- says, in effect, I need a second show, I case that is on Watergate. The Presi- pendent newspapers. The Philadelphia need to be able to say to the general dent: Do you think that is correct? Inquirer, the Atlanta Constitution are public that there is another crisis that Haldeman: Yes. Nixon said really it is not conservative journalists by any may take precedence over this crisis. over. Otherwise it is a fishing expedi- stretch of the imagination, but they And that in this case I think that there tion. We have had enough of those. As have attacked the press as being on a has been a pattern. the gentleman from Florida knows, we witch-hunt, and the question is, I guess I want to go through, rather than have heard over and over, fishing expe- for a conservative, is why would the talk about this President, I want to dition, fishing expedition. New York Times, why would the Wash- talk about a different President. I want Number 4: Overstate the potential ington Post, why would other news- to talk about Richard Nixon. There is a damage. This is in September now with papers question this President in the new book called Abuse of Power. Stan- the President, Haldeman and Colson. way they have? Why would newspapers ley Cutler has gone through the tapes Haldeman goes on saying that you like the Chicago Tribune, the Philadel- which he fought through courts to try know there is a perverse theory that phia Inquirer, the Atlanta Constitu- to have made public. we walk through this this morning. We tion, call for his resignation? And I October 11, 1998 CONGRESSIONAL RECORD — HOUSE H10559 think what you have to come to a con- Haldeman: As we start into the Senate Mr. SCARBOROUGH. And I thank clusion is that there are some people thing, which is that there is a dire the gentleman, and I thank again Dr. that take their job very seriously, and threat to the two party system, be- Coburn and everybody else that has they have integrity, and that is the de- cause for the first time in our history come to the floor today to debate the cision, the journalistic decision that we have one of the political parties issues that affect Americans, to debate they have come to, and yet they get at- using the machinery of government to health care, to debate education, our tacked just like Ken Starr gets at- investigate the other political party. firm belief that communities and tacked, just like anybody that has ever He is trying to get them all stirred up. teachers and parents should form the sort of been caught in the President’s It is not going to make any difference, alliance to educate our children for the headlights gets savagely attacked. and he does not have any illusions that next generation instead of simply bu- I read a news article about a former it will. He is just trying to make a case reaucrats and politicians and Washing- Miss America in fear for her life and that this is a totally partisan thing. ton, D.C., to debate Social Security, to her family’s life, and we have seen the 12: Coordinate the witnesses. March take pride in the fact that in just four hit squads that are out there, and it is 6, 1973, John Dean said, well, I think short years we have put aside so much just regrettable. the most important thing for our han- more to protect the solvency of the So- Mr. SOUDER. Well, as I went through dling the hearings are, one, any wit- cial Security, especially when you con- this I found I have gone through seven nesses that go up are well prepared. sider that over 40 years our friends on parallels, and I found 21 minimum. You know, re-reading your speech on the left did not put aside a single cent, Number 8: Take advantage of the the Hiss case again showed how effec- to debate about other issues that have public’s belief the Presidents act logi- tive investigators can be if one witness an impact on Americans like tax re- cally. November 1, 1972, Nixon and does not know what the other witness form and tax relief for working class Erlichman. Erlichman: We do not mind or there is a dichotomy between the Americans. being called crooks, but not stupid witnesses. I want to make a direct I have been very surprised that over crooks. Nixon: We know we will never point here. I sat in on the deposition of the past few years every time we try to convince them on our morality, but do Jane Sherborne, and she told us how present a tax cut that would help they think we are that dumb? they coordinated the White House wit- Americans, that would help lighten the 9: What is is. It is incredible, history nesses both before and after. load for parents who want to educate repeating itself. December 11, 1972— Number 13: Conspiracy to commit their children, every time we have Mr. SCARBOROUGH. And, excuse perjury, Nixon and Haldeman. tried to pass an educational reform me, when you say what is is, you are Haldeman: I said that that is a conspir- that would get dollars into the class- referring to? acy to commit perjury even if room, every time we have tried to pass Mr. SOUDER. What the verb is. Magruder did in fact later commit per- educational reforms, every time we Mr. SCARBOROUGH. What the Presi- jury or even at the time he was answer- have tried to guarantee children in the dent said in his testimony, it depends ing Dean’s questions commit perjury. inner city of the District of Columbia on what your definition of is is? He said not if Dean advised him to tell south of Anacostia River and points Mr. SOUDER. Yes, I am saying that the truth, and I said what if Dean did north the same opportunity that so there appears to be historical parallels. not advise him of anything. He said, many people in this Chamber are able Erlichman says the Watergate thing, okay, I take that back, but I will sim- to give to their children, every single I do not think there is anything to add ply say to you that there was a con- time it is met with a veto. And so tonight on a Sunday night ap- what we have already said. Haldeman spiracy to commit perjury and there proaching 8:30 Eastern Daylight Time, said you might re-say it. Erlichman: was a conspiracy to commit justice. That nobody in the government did 14:—— we are here, we are ready to work. We this thing. Haldeman: The White Mr. SCARBOROUGH. And if this can would ask the President to hold his House. Nixon: What do you mean Wa- be the gentleman’s last one? And if I third Cabinet meeting of the year to- tergate White House? Nobody currently can ask the gentleman if he can submit morrow and at that Cabinet meeting talk about education reform, talk in the government. Haldeman: Cur- all of those into the RECORD, I think rently employed in the government, that will be helpful. about saving Social Security the way say currently employed. Nixon: Ever Mr. SOUDER. Okay, one I want to we have over the past several years, involved in the government. finish on then is the loyal secretary/ talk about continuing to balance the Erlichman: Now you have Liddy and scheduler, Nixon and Rosemary Woods. budget without spending $17.1 billion in Hunt who were at one time employed. Two points, one Woods. He said says, new dollars that will be taken directly Nixon: But while they were doing it well, I think he is too a nice man, re- out of the Social Security Trust Fund. even, while they were doing it? ferring to a man, but because of that Let us talk about the issues that affect Erlichman: That is right. Then em- fact is it even safe for me to talk on Americans instead of running around ployed I can say. Nixon: No one who is the phone? Nixon says, no, do not talk the country talking about fund-raising an employee of the White House, who is on the phone. Woods says I will call and also obsessing over a shutdown strategy that does not do my children an employee of the White House. Then this girl today and say as soon as he or the President’s children or Ameri- he goes on. Erlichman says either at gets back into town, say I need to see the time of the incidence or since. ca’s children any good. him. In other words, do not do it at the I again thank my friends for coming Nixon: Or since, that is what I mean, White House. to the floor and speaking tonight, and yes. Because in fact they were still em- Then in another amazing parallel I certainly hope that the President will ployed but not at the White House. Nixon and Rosemary Woods, June 12, stay in town, work hard and give us a 1973. Nixon: You know, Rose, you know They were another branch of govern- process that every American can be ment. That is the precision of the is, that money you got from that fellow? I proud of. that they had it down, that they were would like to find a way to get that to f at the White House earlier, they are the campaign committee. I do not now in another branch of government, know how it could be done. Woods: I SPECIAL ORDERS GRANTED but if they said is in a certain way, it am concerned. Who can hand it to By unanimous consent, permission to implied they weren’t employed by the them? Who can hand it to that does not address the House, following the legis- government. have to say he has got it? It is safe and lative program and any special orders Parallel Number 10: Everybody does a sound already. Nixon: Third parties. heretofore entered, was granted to: defense. January 2, 1973, Nixon and You never know when it is going to be (The following Members (at the re- Colson. Nixon: Our democratic friends investigated. Woods: But I do not think quest of Mr. MILLER of California) to did a lot of things too and never got he would need it, but if so, it is out of revise and extend their remarks and in- caught. the safe, it is in my home. clude extraneous material:) Number 11: This is just partisan poli- We have seen this over and over, and Mr. BONIOR, for 5 minutes, today. tics. February 6, 1973, Haldeman says it is amazing parallel, and I will submit Mr. MILLER of California, for 5 min- something we heard almost weekly. them all for the RECORD. utes, today. H10560 CONGRESSIONAL RECORD — HOUSE October 11, 1998

Mr. DOGGETT, for 5 minutes, today. BILLS AND A JOINT RESOLUTION The motion was agreed to; accord- Mr. FARR of California, for 5 minutes, PRESENTED TO THE PRESIDENT ingly (at 8:30 p.m.), under its previous today. Mr. THOMAS, from the Committee order, the House adjourned until to- Ms. WOOLSEY, for 5 minutes, today. on House Oversight, reported that that morrow, Monday, October 12, 1998, at Ms. PELOSI, for 5 minutes, today. committee did on the following dates 12:30 p.m for morning hour debates. Mr. ADAM SMITH of Washington, for 5 present to the President, for his ap- minutes, today. proval, bills and a joint resolution of f Mr. SANDLIN, for 5 minutes, today. the House of the following titles: Mr. ROEMER, for 5 minutes, today. PUBLIC BILLS AND RESOLUTIONS Mr. CUMMINGS, for 5 minutes, today. On October 10, 1998: H.R. 3694. To authorize appropriations for Ms. NORTON, for 5 minutes, today. fiscal year 1999 for intelligence and intel- Under clause 5 of Rule X and clause 4 Mr. BECERRA, for 5 minutes, today. ligence-related activities of the United of Rule XXII, public bills and resolu- Mr. BOYD, for 5 minutes, today. States Government, the Community Man- tions were introduced and severally re- Mr. CLEMENT, for 5 minutes, today. agement Account, and the Central Intel- ferred, as follows: Mr. GEJDENSON, for 5 minutes, today. ligence Agency Retirement and Disability By Mr. SMITH of New Jersey: Mr. MCDERMOTT, for 5 minutes, System, and for other purposes. H.R. 4805. A bill to require reports on trav- today. H.R. 3790. To require the Secretary of the Treasury to mint coins in commemoration of el of Executive branch officers and employ- Mr. TURNER, for 5 minutes, today. ees to international conferences, and for Mr. ABERCROMBIE, for 5 minutes, the bicentennial of the Library of Congress. H.R. 4248. To authorize the use of receipts other purposes; to the Committee on Inter- today. from the sale of the Migratory Bird Hunting national Relations. Mr. GORDON, for 5 minutes, today. and Conservation Stamps to promote addi- By Mr. POMEROY: Mrs. MINK of Hawaii, for 5 minutes, tional stamp purchases. H.R. 4806. A bill to authorize the carrying today. H.R. 4194. Making appropriations for the out of a flood damage reduction and recre- Mr. WYNN, for 5 minutes, today. Departments of Veterans Affairs and Hous- ation project at Grand Forks, North Dakota, Ms. LOFGREN, for 5 minutes, today. ing and Urban Development, and for sundry and East Grand Forks, Minnesota; to the Mr. LEWIS of Georgia, for 5 minutes, independent agencies, boards, commissions, Committee on Transportation and Infra- today. corporations, and offices for the fiscal year structure. ending September 30, 1999, and for other pur- Mr. GREEN, for 5 minutes, today. poses. Mr. DICKS, for 5 minutes, today. f On October 9, 1998: Ms. DELAURO, for 60 minutes, today. H.J. Res. 133. Making further continuing Mr. PALLONE, for 60 minutes, today. appropriations for the fiscal year 1999, and ADDITIONAL SPONSORS (The following Members (at the re- for other purposes. Under clause 4 of rule XXII, sponsors quest of Mr. TIAHRT) to revise and ex- f tend their remarks and include extra- were added to public bills and resolu- neous material:) ADJOURNMENT tions as follows: Mr. GOODLING, for 5 minutes, today. Mr. SCARBOROUGH. Mr. Speaker, I H.R. 3710: Mr. FOX of Pennsylvania. Mr. BALLENGER, for 5 minutes, today. move that the House do now adjourn. H.R. 4065: Mr. CALVERT. October 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E2049 EXTENSIONS OF REMARKS

HONORING SOLVAY POLYMERS, site. This combined production level makes Frank Campbell's funeral home combines a INC., AND SOLVAY INTEROX, INC. the site one of the world's largest plastic pro- peaceful and serene atmosphere with an at- duction facilities. tentive and courteous staff. Over the past one HON. KEN BENTSEN These plastics are used to make many hundred years, the Frank E. Campbell Burial OF TEXAS products essential to everyday life. For exam- and Cremation Company has served families ple, high-density polyethylene is used to man- IN THE HOUSE OF REPRESENTATIVES from every strata of society including royalty of ufacture milk bottles, gas tanks, children's play many nations and members of the arts and Friday, October 9, 1998 toys, plastic bags, and liners. Polypropylene entertainment world. Frank Campbell's makes Mr. BENTSEN. Mr. Speaker, I rise to con- products include food containers for products a concerted effort to honor the individual in the gratulate Solvay Polymers, Inc., and Solvay such as ketchup and syrup, carpet backing, style in which he or she lived. Interox, Inc., Battleground Road Plant Site, and children's products such as car seats and Over the past century, Frank E. Campbell upon their selection by the La Porte/Bayshore high chairs. The site's new polypropylene gas- has become a landmark on the Upper East Chamber of Commerce as the 1998 Industry phase line makes a special impact resistant Side of Manhattan. of the Year. Solvay's commitment to building polymer used to make automobile bumper fas- Mr. Speaker, I am honored to bring to your a better future for the La Porte/Bayshore com- cias and other car parts. attention the Frank E. Campbell Burial and munity has made it an example all industry The second company, Solvay Interox, pro- Cremation Company as it celebrates 100 can follow. duces more than 100 million pounds of hydro- years of serving New Yorkers in their times of Solvay Polymers and Solvay Interox are gen peroxide each year. This product is used grief. subsidiaries of Solvay America, Inc., a holding in the pulp and paper industry as a wood pulp company for the Solvay Group, a multinational bleach and also has many environmental ap- f group of chemical and pharmaceutical compa- plications such as wastewater treatment and nies headquartered in Brussels, Belgium, with cleanup of contaminated soil. The company's RAILROAD ECONOMIC REGULATION operations in more than 40 countries. Some high purity hydrogen peroxide is used as a 600 employees and approximately 500 con- cleaning and etching agent in the semiconduc- HON. SPENCER BACHUS tractors work at the two companies' Battle- tor industry. The site also produces persalts OF ALABAMA ground Road plant. Located on 274 acres, the (percarbonates and perborates), which are IN THE HOUSE OF REPRESENTATIVES plant in more than four decades has grown used as color-safe brightener/deodorizers for Friday, October 9, 1998 from a one-product site into the two busi- fabric detergents. nesses that manufacture a wide range of Mr. Speaker, I congratulate Solvay Poly- Mr. BACHUS. Mr. Speaker, Dr. Alfred E. products. mers, Inc., and Solvay Interox, Inc., on being Kahn, the noted economist and ``father of de- In addition to being an integral part of the named the La Porte/Bayshore Chamber of regulation,'' has rightly earned our gratitude for area economy, the two companies also con- Commerce 1998 Industry of the Year. This his work over the years. With all due respect, tribute greatly to the community. Their employ- honor is well deserved for their work in ex- however, Dr. Kahn is doing himself and his ees participate in such organizations as La panding business and job opportunities, pro- many admirers a disservice in his continued Porte's Local Emergency Planning Council, ducing products vital to our everyday lives, calls for increased economic regulation of the Citizens' Advisory Council, La Porte Education their commitment to environmental protection freight railroad industry in this country. Foundation, La Porte/Bayshore Chamber of and worker safety, and their many contribu- Dr. Kahn testified on April 22, 1998, before Commerce, and Boys and Girls Harbor. The tions to the community. the Subcommittee on Railroads of the Com- employees contribute almost 5,000 volunteer f mittee on Transportation and Infrastructure. At hours annually to surrounding communities. IN HONOR OF THE 100TH ANNIVER- that hearing, he testified at length on his per- The company's stated goal is for La Porte citi- SARY OF THE FRANK E. CAMP- ception of anti-competitive conduct by the rail zens to feel that the community is a better BELL BURIAL AND CREMATION industry and his suggestions on steps that place because of their neighbors, Solvay Poly- COMPANY should be taken to alleviate such conduct. Dr. mers and Solvay Interox. Kahn has repeated his viewpoints at other Dedication to worker safety and environ- times and in other venues in recent months, mental performance has also been a hallmark HON. CAROLYN B. MALONEY including testimony to the Surface Transpor- of the two companies. Their employees ac- OF NEW YORK tation Board. Most recently, an interview with tively participate in the Chemical Manufactur- IN THE HOUSE OF REPRESENTATIVES Dr. Kahn was the basis for an article in the ers Association's Responsible Care program, Friday, October 9, 1998 October 5, 1998 issue of Traffic World. In that which promotes continuous improvement of Mrs. MALONEY of New York. Mr. Speaker, interview, Dr. Kahn continues to advocate mis- health, safety, and environmental perform- I rise today to pay tribute to the Frank E. guided railroad reregulation. ance. Through a pollution prevention and Campbell Burial and Cremation Company on At the April 22, 1998 hearing at which I was waste minimization program, the plant reduced the occasion of its centennial anniversary. On present and engaged in considerable dis- emissions of government reportable waste Wednesday, October 21, Cardinal John O'Con- course with proponents of reregulation, Dr. compounds by 50 percent between 1987 and nor will be a special guest at Frank E. Camp- Kahn was challenged by a number of experts 1996. The site holds a charter membership in bell's 100th anniversary celebration. in railroad economics and finance. In my opin- Clean Texas 2000, and employees are dedi- In 1898, when Frank E. Campbell first ion, his pronouncements were inconsistent cated to demonstrating a high level of commit- opened the doors of his funeral home, he rev- with operating and marketplace realities. I re- ment to the continued safe operations of the olutionized the way people thought about fu- spectfully submit he likewise errs on a number plant, along with the safety of the surrounding neral service. In the late nineteenth century, of points in the recent Traffic World article, in- community. most funerals were conducted in private cluding the following: The Battleground Road plant has a signifi- homes. But since a majority of New York City Dr. Kahn's basic premise is that service by cant history. Solvay's predecessor at the site, residents were living in apartments by this a single railroad is equivalent to monopoliza- Celanese Corporation, started plastic produc- time, they did not have the capacity to handle tion and that competition does not now exist tion at the plant in 1957, making it one of the large events. for shippers. To the contrary, railroads face in- first sites to produce high-density poly- Frank Campbell also understood the need tense competition from other railroads, from ethylene. Today, Solvay Polymers, the plastics of families to have time to grieve for their other modes such as trucks and barges, and company, annually produces 1.7 billion loved ones. By transferring the burden of plan- from other sources for the vast majority of pounds of high-density polyethylene and near- ning a funeral from the families to a funeral their traffic. Shippers of all types, including ly 800 million pounds of polypropylene at this home, Campbell eased the time of mourning. those which are served by only one railroad,

∑ 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. E2050 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 almost always have ways to obtain competi- distinguished and memorable first Mayor of when we can once again live in peace . . . tive transportation. And because of this com- Plum Borough. In his thirty years of service, peace in the world, peace within our nations, petition, rail customers exert meaningful power Mayor O'Block, through his extraordinary com- peace in our neighborhoods, peace in our in negotiating railroad rates and services. mitment and diligence, placed the needs of his streets.'' In those relatively few cases wherein ship- community front and center. He immigrated as Since he began his campaign for peace, Dr. pers do not have effective transportation op- a small child to the United States from Slove- Lenzo has met with great success. He has re- tions, existing maximum rate regulation pro- nia and settled in Plum. ceived positive responses from former Sec- tects shippers form egregious railroad rates. In His early life in Plum was extremely modest, retary-General of the United Nations Boutros- two recent cases, for example, two utilities yet in the spirit of the American dream, he es- Boutros Ghali, Pope John Paul II, and Eliza- were awarded millions of dollars in reparations tablished his own construction company, pre- beth Taylor. Nearly all who hear Dr. Lenzo's by the STB because they were deemed to sided over the successful People's Bank of plea for peace commend him on his cam- have been charged unreasonably high rates Unity, and was one of the most respected fig- paign. I also commend Dr. Lenzo for his activ- by the railroads that served them. In response ures in Pennsylvania Democratic politics. De- ism, leadership, and ardent dedication to a to criticisms by Dr. Kahn and others that rate spite his successes, he never forgot his roots, noble cause. This campaign is as poignant reasonableness case procedures were cum- his family, or his neighbors throughout the bor- now as it was in January 1991 when I first bersome, lengthy and expensive, expedited ough. His love for his community led him to called your attention to it. As members of procedures for small shipper cases were re- tirelessly focus on the needs of others and of NATO stand poised to initiate air strikes in cently implemented by the STB, though ship- the entire borough. During his tenure, Plum Kosovo and Serbia, Dr. Lenzo's works remind pers have not taken advantage of them to Borough gained recognition as a prosperous us of the gravity of the actions they con- date. community, both for businesses and for fami- template. As options are considered, his mes- Dr. Kahn is wrong in dismissing the likeli- sage to these nations is to keep the goal of hood of reduced investment in rail infrastruc- lies. peace in sight. Dr. Lenzo's suggestion that we ture if mandated access forces rates too low. Through his contributions to the growth and step back and remember to whom we are ac- Under forced access, railroads would be un- the development of the Plum community, he expanded social and community services, at- countable is as important now as it was then. able to recoup the full costs of their invest- Mr. Speaker, Dr. Tony Lenzo is an inspira- ment in their infrastructure. tracted business investment, and made the tion to us all. I ask that you and my distin- Without the ability to cover total costs, rail- Borough a truly exceptional place in which to roads would be unable to maintain or increase live. All this was accomplished while keeping guished colleagues join me in commending their investment commitment. This would lead taxes at an all time low, a truly remarkable Dr. Lenzo for not only his award as Cesare to deterioration and/or shrinkage of the na- task. Battisti Lodge #27's Member of the Year, but tional rail system and reduced service levels. Mr. Speaker, I once again urge my col- also for his extraordinary campaign for world Given the vital importance of transportation to leagues to rise in tribute to Mayor Anthony E. peace. His superhuman efforts and selfless the national and global economies, this is the O'Block. Mayor O'Block honored his family, dedication are an example for every citizen of last thing the national transportation system his friends, and his community. He will forever the United States to emulate. Northwest Indi- needs. be remembered as a friend and mentor to so ana is lucky indeed to have such a resident. Dr. Kahn is wrong in claiming that ``struc- many people. He will truly be missed. f tural remedies'' such as mandated competitive f IN HONOR OF THE ATHENIANS access would assure rail-to-rail competition TRIBUTE TO DR. ANTHONY S. FEDERATION OF ATHENS CELE- and permit market forces to determine rate BRATION OF THE LIBERATION and service levels. In fact, under a system of LENZO OF ATHENS forced access, government bureaucrats would have to regulate anew an incredible variety of HON. PETER J. VISCLOSKY price and operational decisions, creating a OF INDIANA HON. CAROLYN B. MALONEY OF NEW YORK system of economic regulation that would be IN THE HOUSE OF REPRESENTATIVES far more costly and pervasiveÐand far less IN THE HOUSE OF REPRESENTATIVES Friday, October 9, 1998 effectiveÐthan the current system. Friday, October 9, 1998 Proponents of mandated access, like Dr. Mr. VISCLOSKY. Mr. Speaker, it is with Mrs. MALONEY of New York. Mr. Speaker, Kahn, essentially advocate that freight rail- great pleasure that I rise before you to con- I rise today to pay tribute to the Athenian Fed- roads should be regulated on the basis of how gratulate one of Northwest Indiana's most eration of the United States of America and many railroads serve an individual shipper, noble, selfless, and dedicated individuals: Dr. Canada. The Association is organizing the rather than on the presence or absence of Anthony S. Lenzo, of Crown Point, Indiana. twentieth Archieratical Tedeum to commemo- competition. They propose that access to a On October 11, 1998, Dr. Lenzo will be hon- rate the Liberation of Athens from the Nazis railroad's privately owned and maintained in- ored by the Cesare Battisti Lodge #27, as this 54 years ago. frastructure by its competitors should be man- year's Member of the Year. In addition to his The official Archieratical Tedeum will be dated, and that the fees for access should be many years of service to the Lodge, he is held at the Greek Orthodox Church Cathedral set by regulation, not by competitive market being honored for his tireless efforts as a com- in New York City on Sunday, October 11, in forces. This uneconomical reregulation of munity leader. the presence of the Consular, officials of the freight railroads is an attempt to gain short- The Cesare Battisti Lodge #27 has been Greek community, Greek organizations and term rate reductions for some shippers, at the honoring its most dedicated members since members of the Greek community. expense of other rail customers, railroad in- 1966. A lifelong member of the organization, The Tedeum commemorates the Liberation vestors and society in general. Dr. Lenzo serves as an excellent role model of Athens from Nazi occupation by the Allied Deregulation of the U.S. railroad industry for both members of the Cesare Battisti Forces on October 12, 1944. has led to tens of billions of dollars in savings Lodge, and for the people of Indiana's First On April 27, 1943, Nazi tanks entered Ath- since 1980 to shippers and, ultimately, to all of Congressional District. Not only has he main- ens as the remnants of the British forces us. It would be a tragedy of enormous propor- tained a lifelong membership with Lodge #27, evacuated Greece. The citizens of Athens tions to jettison these gains in favor of cleverly Dr. Lenzo has been a lifelong leader of the lived under the siege of Nazi terror and occu- disguised regulation that has failed in the past Lodge. He is currently the financial secretary pation for three and a half years until liberation and would fail again. and the editor of the Lodge newspaper. As when the Allied Forces hoisted a Greek flag f Walter Lippman said, ``The final test of a lead- on the holy rock of Acropolis, signaling the A TRIBUTE TO THE LATE MAYOR, er is that he leaves behind him in other men end of the occupation. The Greek flag re- ANTHONY E. O’BLOCK the conviction and the will to carry on.'' Dr. placed the flag of the Nazi regime which hung Lenzo's efforts in the community, in addition to over the Acropolis of Athens throughout the HON. RON KLINK his nationwide efforts for peace, have certainly occupation. inaugurated an enduring legacy. For many The anniversary of the liberation is cele- OF PENNSYLVANIA years, he has worked to have the United Na- IN THE HOUSE OF REPRESENTATIVES brated annually in Athens and amongst Greek tions designate a ``Weekend of Prayer, Medi- communities here in the United States. Friday, October 9, 1998 tation, and Thought on the Futility of War and Mr. Speaker, I am honored to bring to your Mr. KLINK. Mr. Speaker, I rise today to the Desperate Need for Peace in the World.'' attention this important anniversary in the his- honor the memory of Anthony O'Block, the In his own words, ``It will be a thankful day tory of Greece, Greek citizens, and Greek- CONGRESSIONAL RECORD — Extensions of Remarks E2051 Americans. The Athenian Federation of U.S.A. ing the Humanitarian of the Year award from WORLD POPULATION AWARENESS WEEK and Canada makes a remarkable effort to the David Posnack Jewish Community Center World population stands today at more keep the spirit of freedom alive with their an- in Davie, Florida. Mort's record of public serv- than 5.9 billion and increases by more than nual Archieratical Tedeum. I am proud to have ice on behalf of the people of South Florida is 80 million per year, with virtually all of this growth in the least developed countries. such a strong Greek community in my district truly impressive and deserving of this formal A total of 1.3 billion people—more than the and an organization such as the Athenians recognition. combined population of Europe and North Federation of U.S.A. and Canada to promote Born in Detroit, Mort moved to Florida after Africa—live in absolute poverty on the issues of importance to this wonderful commu- his brother Dennis took up residence in equivalent of one U.S. dollar or less a day; nity. Miramar. After a series of sales jobs, Mort 1.5 billion people—nearly one-quarter of the world’s population—lack an adequate supply f bought a coffee shop on Hollywood's City Hall of clean drinking water or sanitation; more Circle, where he and his wife Ethyl spoiled than 840 million people—one-fifth of the en- THE PLIGHT OF THE their customers rotten. Even Mort's mother MONTAGNARDS tire population of the developing world—are Gussie became involved, making her signa- hungry or malnourished. ture cakes and pastries that are now known Demographic studies and surveys indicate HON. BOB ETHERIDGE as ``Gussie's Goodies.'' that in the developing world there are at least 120 million married women—and a large OF NORTH CAROLINA TImes change, and so did the Meyers fam- but undefined number of unmarried women— IN THE HOUSE OF REPRESENTATIVES ily. Mort and his brother Dennis joined their fa- who want more control over their ferility ther in a surplus electronics and hardware Friday, October 9, 1998 but lack access to family planning. This venture. After some rough times early on, the unmet need for family planning is projected Mr. ETHERIDGE. Mr. Speaker, I rise today family ultimately achieved a great deal of suc- to result in 1.2 billion unintended births. to bring the attention of the Congress to the cess. Today, Mort is involved with the family The 1994 International Conference on Popu- Montagnard refugees from the Central High- businessÐArco Distributors in Davie, Flor- lation and Development in Cairo determined lands of Vietnam. idaÐselling industrial adhesives, electronic that a combination of political commitment The Montagnards were loyal allies of Amer- and appropriate programs designed to pro- components, and point of sale equipment. vide universal access to voluntary family ican Special Forces and served bravely with However, Mort's devotion to his business is planning information, education and services our U.S. military troops during the Vietnam only part of his story. can ensure world population stabilization at War. Montagnards have suffered terribly in Over the past 29 years since Mort Meyers 8 billion or less rather than 12 billion or Vietnam for their religious and political beliefs arrived in Florida, the community has bene- more. at the hands of the Vietnamese Communists fited greatly due to Mort's presence. A Found- We, the following members of the United and they continue to suffer. I strongly support States House of Representatives are pleased ing Member of the Davie Coalition of Condos to support the week of October 24–31, 1998 as human rights and strongly oppose persecution and Homeowners Associations, he has served World Population Awareness Week, and urge throughout the world; values at the heart of on the Davie Economic Development Council, all citizens to take cognizance of this event our faiths and our American democracy. the Davie/Cooper City Chamber of Com- and to participate appropriately in its obser- Since 1986, my state of North Carolina has merce's Economic Development Committee, vation. been privileged to receive several hundred the Davie Budget Committee, and the Davie Constance A. Morella, Thomas C. Saw- Montagnard refugees from the Central High- Visions 2000 Committee. In addition, Mort was yer, Brad Sherman, Sam Gejdenson, lands of Vietnam. There are over one thou- Karen McCarthy, Lloyd Doggett, Vice President of the Davie Democratic Club James P. McGovern, Elizabeth Furse, sand Montagnards who now live in Greens- and chairman of the South Broward Park Dis- Maurice D. Hinchey, John Lewis, boro, Raleigh, and Charlotte, thanks to the trict. Mort also served with distinction on the George E. Brown, Jr., Marcy Kaptur, hard work and compassion of people of faith Jewish Federation of Broward County's Board Jim McDermott, Martin Frost, David and human rights activists such as Lutheran of Directors. E. Price, Benjamin A. Gilman, Nita M. Family Services of North Carolina. The De- Much of Mort's time over the past 10 years Lowey, Carolyn B. Maloney, Tom Lan- partment of State has called the resettlement has been devoted to his involvement at the tos. of this new immigrant community one of the David Posnack Jewish Community Center. f most successful resettlement programs in the The award that the Center is bestowing on AUTHORIZING THE COMMITTEE ON United States. Mort Meyers is surely a reflection of his dedi- THE JUDICIARY TO INVESTIGATE The Montagnards have become U.S. citi- cation and hard work. He has been involved WHETHER SUFFICIENT GROUNDS zens, they enrich our nation, they are produc- with the Center since the dedication of its land EXIST FOR THE IMPEACHMENT tive, proud people who love freedom and the siteÐserving on committees, donating money OF WILLIAM JEFFERSON CLIN- chance for survival that this nation has offered for camps or program scholarships, maintain- TON, PRESIDENT OF THE UNITED them. The Montagnards stood by our nation ing the building itself, and more. STATES and now we should do all we can to insure Mr. Speaker, all who know him or know of that their family members are allowed to emi- him will surely agree that Mort Meyers is an SPEECH OF grate from Vietnam. extraordinary individual. With his impending I am encouraged by the emphasis Ambas- acceptance of the Humanitarian of the Year HON. LOUIS STOKES sador ``Pete'' Peterson, himself a former Viet- award from the David Posnack Jewish Com- OF OHIO nam Prisoner of War and Member of Con- munity Center, I wish to convey a heartfelt IN THE HOUSE OF REPRESENTATIVES gress, has promised to place on the plight of congratulations and many thanks to him for Thursday, October 8, 1998 the Montagnards. Our nation must strengthen his work benefiting the entire South Florida Mr. STOKES. Mr. Speaker, I rise in opposi- its efforts in gaining measurable Vietnamese community. tion to the Hyde impeachment inquiry resolu- cooperation in processing applications for emi- f tion. This is a sad day in the history of our Na- gration under the Orderly Departure Program tion when the majority in Congress continues WORLD POPULATION AWARENESS (ODP) and the Resettlement Opportunity for to search for an impeachable crimeÐin its on- WEEK Vietnamese Returnees agreement (ROVR). going political missionÐto destroy the Presi- We should expect and demand progress on all dent of the United States. of the Montagnard cases. These families have HON. CONSTANCE A. MORELLA While the American people do not condone waited too long to be reunited with loved ones. OF MARYLAND the behavior of the President, they do want f IN THE HOUSE OF REPRESENTATIVES him to have a fair hearing. The excessive in- Friday, October 9, 1998 vestigation of President Clinton has gone too IN HONOR OF MORT MEYERS far, and has gone on far too long. Mrs. MORELLA. Mr. Speaker, in my capac- What is needed is a fair, common sense HON. PETER DEUTSCH ity as Co-Chair of the Congressional Coalition and responsible inquiry not a continuing witch OF FLORIDA on Population and Development, and on be- hunt. The American people and the President IN THE HOUSE OF REPRESENTATIVES half of my fellow Co-Chair, Congressman and his family deserve better. SAWYER, I would like to share with our col- So, Mr. Speaker, the matter at hand is not Friday, October 9, 1998 leagues the following proclamation, endorsed about whether to proceed with an impeach- Mr. DEUTSCH. Mr. Speaker, I rise today to by 19 of our colleagues, regarding World Pop- ment inquiry. It is about how we should pro- honor Mort Meyers, as he will soon be receiv- ulation Awareness Week: ceed. We must first consider the constitutional E2052 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 standard for such. For the sake of the Amer- are immensely proud. Both Gary and Iris have Craig was an assistant U.S. Attorney in St. ican people and the Clinton family, this inquiry their own interests outside of work and their Louis, and later served as prosecuting attor- must be done fairly and concluded quickly. dedicated community activities. Gary is an an- ney in Mississippi County. He served his I am concerned that the majority unilaterally tique automobile buff, and Iris is a master gar- country in the U.S. Army during World War II, announced at a recent news conference that dener; both enjoy traveling together. They plan prior to moving to Sikeston and joining the they intended to ask for an inquiry of impeach- on continuing their charity and community Bailey Law Firm as a partner. He served four ment before considering the constitutional work, in addition to providing affordable, local terms as Circuit Judge and was then ap- standard for the impeachment of a President. insurance services to Northwest Indiana resi- pointed as the first senior judge in the state of We must begin with a consideration of the dents. Missouri. constitutional standard for impeachment, a In the words of Gary himself, ``I believe Judge Craig loved his family, church and comparison of the allegations with the stand- every Jew has the solemn responsibility to community and took an active role in every or- ard, and an examination of the sufficiency of safeguard his brothers from oppression by ganization he deemed important . . . and they the evidence, before any vote is taken on con- helping to guarantee that Israel exists as a were many. He received almost every honor ducting formal inquiry proceedings. haven where any Jew can choose his own and award that existed in Sikeston. In Mr. I firmly believe that we must rise above all destiny.'' As America has served as a haven Jenson's editorial he stated, ``If you wanted in- partisan and political differences. Therefore, it of freedom and opportunity for immigrants the stant credibility on any board or for any issue is imperative that the Congress and the Amer- world over, so her citizens now reach out and or cause, the first name to surface was Mar- ican people proceed with due caution and ap- ensure that the freedom-loving peoples of the shall Craig. His reputation brought that degree propriate fairness to President Clinton and his world are safe and secure. To quote Thomas of authority and respect. To many of us, if family without allowing philosophical dif- Paine, ``Those who expect to reap the bless- Marshall Craig thought it was a good idea, ferences to divide us. President Clinton has ings of freedom, must, like men, undergo the that was good enough for us.'' led our country well, and like any other Amer- fatigues of supporting it.'' No one is more de- Judge Craig also had a profound effect on ican citizen he has a right to due process. serving of the opportunity and freedom guar- a member of my staff when he presided over As such, whatever our personal beliefs may anteed by America than Gary and Iris Green- the adoption proceedings of my Executive As- be, we must work together to ensure that baum; their efforts have truly gone above and sistant, Kacky Garner, when C.W. and Lucille President Clinton is not denied that right. That beyond the call of duty. Martin adopted her. Kacky has related to me responsibility rests with each of us individually Mr. Speaker, I ask that you and my other that Judge Graig often told her that having and collectively. distinguished colleagues join me in congratu- been involved in her adoption and then watch- Mr. Speaker, I ask my colleagues to oppose lating Gary and Iris Greenbaum for receiving ing her grow to adulthood in that happy home the Hyde impeachment inquiry resolution. the 1998 Israel Builders of Freedom Award. was one of the nicest and most rewarding f Their dedicated service to both the State of things he ever got to do as a Judge. Israel and our Northwest Indiana community is One son, Michael H. Craig of Memphis, TN, COMMENDING GARY AND IRIS commendable and admirable. No government, one daughter, Nancy McMahon of Sikeston; GREENBAUM leader, or military can safeguard the twin four grandchildren and four great-grand- blessings of freedom and opportunity without children survive Judge Craig. His wisdom, HON. PETER J. VISCLOSKY the labors of dedicated, conscientious citizens. strength of character, and faith will never be OF INDIANA With their support, our world has become a forgotten by all those who knew and respected IN THE HOUSE OF REPRESENTATIVES better place, a place of freedom, democracy, him. He was truly a great American. Friday, October 9, 1998 and opportunity. Indiana's First Congressional District is proud to count two such dedicated, f Mr. VISCLOSKY. Mr. Speaker, it is my dis- conscientious citizens, Gary and Iris Green- DYSTONIA AWARENESS WEEK tinct honor to commend two of Northwest Indi- baum, among her residents. ana's most distinguished citizens, Gary and f Iris Greenbaum, of Munster, Indiana. On No- HON. RON PACKARD vember 1, 1998, Gary and Iris will be honored TRIBUTE IN MEMORY OF JUDGE OF CALIFORNIA for their exemplary and dedicated service to MARSHALL CRAIG IN THE HOUSE OF REPRESENTATIVES our community and to the State of Israel. Their praiseworthy efforts will be recognized at the HON. JO ANN EMERSON Friday, October 9, 1998 Northwest Indiana-Israel Dinner of State, as OF MISSOURI Mr. PACKARD. Mr. Speaker, I rise today to they receive the 1998 Israel Builders of Free- IN THE HOUSE OF REPRESENTATIVES recognize Dystonia Awareness Week, October dom Award. The Freedom Builder Awards are 11±18, 1998. This important occasion was given each year to worthy recipients who dem- Friday, October 9, 1998 brought to my attention by my constituent, Mr. onstrate their dedication and service to Israel, Mrs. EMERSON. Mr. Speaker, I would like Robert W. McCabe of Vista, California. the State of Israel Bonds, the Jewish commu- to take this opportunity to eulogize a great Dystonia is the third most common move- nity, and our own community. The Green- man who lived in my Congressional District in ment disorders after Parkinson's Disease and baums are most certainly worthy recipients of Sikeston, MO. Judge Marshall Craig died on Tremor, affecting over 300,000 people in this year's award. True community activists, August 31, 1998, at the age of 91. As an edi- North America alone. Dystonia is a neuro- Gary and Iris give much of their time to local torial in the local newspaper written by Mike logical disorder causing involuntary spasms charities and service organizations. These Jensen stated ``Judge Marshall Graig was in a that are disabling and often extremely painful. community groups include the Munster Citi- league of his own. Universally respected and The American public knows little about zens Police Commission, the Northwest Indi- genuinely admired by all of those who knew dystonia, and many people react to its phys- ana Jewish Welfare Federation, the Gleaner him . . . he leaves a legacy of community in- ical manifestations by avoiding those who suf- Food Depository, Temple Israel, Congregation volvement, professional accomplishment and fer from the disorder. Greater recognition and Beth Israel, and the local Jewish Federation. unparalleled admiration. We will likely not see understanding of dystonia is much-needed in Gary and Iris, longtime residents of Munster, another of his caliber come along for many both the medical and lay communities. I urge hale from Gary and Chicago, respectively. years.'' all citizens to learn more about this disorder After both graduated from Indiana University, Judge Craig was born on February 10, and to support those who are affected by it. they returned to Gary's native region, North- 1907, near Hickman Mills in Jackson County, There is no cure for dystonia at this time. In west Indiana, and have made our area their MO, to the late Robert Lee and Theodocia 1997, however, the gene for early-onset gen- permanent home. In 1971, Gary started his Cowherd Craig. He graduated from high eralized dystonia was discovered, offering career as an insurance agent. After a few school in Columbia, MO, in 1926, from the hope for future research and development of years gaining quality experience, in 1976 he University of Missiouri-Columbia in 1930, and a possible cure. I would like to add my name founded the Greenbaum Insurance Agency, from the University Missouri Law School in to the list of supporters of dystonia research located in Griffith, Indiana; Iris also works for 1932. He played basketball for the Missouri Ti- and encourage every Member of Congress to the Agency as its most important unpaid work- gers, leading his team to the Big-Six Cham- do the same. er in her dual role as office manager and in- pionship in 1930, as the team captain. He was In conclusion, Mr. Speaker, I invite my col- surance agent. Gary and Iris are the parents selected to the First Team All-conference leagues to join me in recognizing October 11± of two sons, Jason and Evan, of whom they squad that same year. 18, 1998 as Dystonia Awareness Week. CONGRESSIONAL RECORD — Extensions of Remarks E2053 A TRIBUTE TO HENRY OTIS junior State Commander Evonne Oden, Act- make it a better place for all of us? If we BARBOUR ing Commander of the Auxiliary for Unit #7 don’t, we will literally ruin and destroy our Pat Kinzel, Co-chairman Gloria Almodovar; country, and all the efforts of our war veter- Members of the Auxiliary and honored ans will be wasted. One person cannot make HON. JOHN P. MURTHA guests. America a great country. But if we all try to OF PENNSYLVANIA It is a blessing to be here this afternoon. It be the best Christians we can be, America IN THE HOUSE OF REPRESENTATIVES was an honor to win the overall contest of will continue to be a wonderful nation. the district last year, and to win first place If we do this, then the 12,000 Americans Friday, October 9, 1998 in the California State Disabled American who died for us in World War II alone would Mr. MURTHA. Mr. Speaker, I rise today to Veterans Essay Contest. I was also blessed have died to make America a great country with receiving a personal letter from the and not for any reason at all. If we do this, pay tribute to Henry Otis Barbour, a long-time then the men and women who died for our employee of Army Navy Country Club, who President of the United States, President Bill Clinton, a flag flown over our nation’s freedom, the men that lost their limbs, the passed away suddenly on August 23, 1998. Capitol, and a letter of authenticity. families whose men and women became wid- Otis, as all the members at the club affection- Over the last year, I have maintained my ows, the children who would never see their ately called him, was the sixth of ten children status as an ‘‘A’’ student, I was appointed to parents again will know that they fought for born to the late Richard and Helen Barbour. the journalism team at St. Joseph Elemen- a worthy cause. If we do this, America, will He was educated in the public school sys- tary School, and again made it to the continue to be a great nation, and the war school’s spelling bee finals. Because of God’s veterans’ efforts will not be wasted. tems of Arlington County, Virginia and Wash- As Americans we must follow the example ington D.C. When he was nine years old he blessings and freedom of our nation, these achievements were made possible. of the war veterans. In our everyday lives, began frequenting Army Navy Country Club At this time I would like to talk about we must show bravery, courage, and effort retrieving golf balls in order to make a little why we should show appreciation through through our actions, whether it is in the spending money. He continued this practice our actions for the war veteran’s tremendous work force, taking care of a child, or trying until he was offered a permanent position at efforts. to make people’s lives better through science the club. After learning about the history of Amer- and technology. We must take care of the In every successful organization there are ica throughout my life, I have realized just standards of living that the war veterans helped to give us. one or two individuals that directly contribute how much effort, courage, and bravery it took to make America a free country and a If all the people in this diverse culture act to its success; Otis was one of those special great one as well. in a superb manner everyday, then our coun- people. For forty-four years he mastered near- Over the years Americans have sacrificed try will be superb as well. That is why I ly all the support services of the golf courseÐ for what they believed in. The 13 colonies in would like to be the very best person I can from caddying, to maintaining the range, to North America sacrificed by bravely rebel- be. I would like to follow the example of the servicing and maintaining more than 90 golf ling against England and going through war veterans, and give something back to these courageous fighters. carts, to helping members understand the intri- many hardships and conflicts. They did this for the cause of freedom. The war veterans, I and many other youth my age will try to cacies of the golf swing. Many have said that do our best to continue to carry the torch for Otis knew more about the golf swing than all the government of the United States, and even U.S. citizens sacrificed during both freedom. We should and we will have God as the guidance of our lives as we try to lead the golf professionals at Army Navy Country World War I and World War II, the Korean the United States into the 21st century. Club combined. When you arrived at the club, War, the Vietnam War, and even the war on be it rain or shine, summer or winter you could With God as my leader, I will try to walk Bosnia. They did this because they believed on the roads of life with the Holy Spirit as always count on being greeted by a tip of the in fighting for people’s rights and the gift of my light and I will try to use the lessons hat from Otis. freedom. Change often comes by sacrifice that the war veterans have taught me to In the truest sense of the wordÐhe was a and that is what Americans have done. overcome life’s obstacles and challenges. The After imaging how I would have felt par- gentlemanÐwho generously shared what he war veterans have made a tremendous im- ticipating in a war, I realized that times pact on all our lives, and all of us as Ameri- had with all he encountered. were pretty scary. It must have been hard cans must continue to carry the touch of The members of Army Navy Country Club having bullets whizzing past your head, and freedom. can consider themselves fortunate to have the ground shaking beneath your feet be- known Otis, and worse off for having lost him I would like to thank you for inviting me cause of cannon fire. It must have been hard here today, and I praise the Lord for allow- at such a young age. running on the battlefield, dodging bullets, ing me to live in a country I love, the United To all his relatives I send my condolences. with explosions all around you. It must have States of America. Otis you will be missed but never forgotten. been hard living every day with the fear of f f death, and not knowing if you will ever see your families again. Yet these war veterans who stood up to OPEN COMPETITION FOR THE U.S. SPEECH GIVEN BY BEZALEL WIRELESS TELECOMMUNI- BRIAN BENSON FOR THE DIS- their country succeeded during these hard- ships because they had strength from God CATIONS INDUSTRY ABLED AMERICAN VETERANS and a strong love for America. AUXILIARY STATE CONVENTION When you have God in your life, and you HON. PHILIP M. CRANE love Him truly and honestly, and you call OF ILLINOIS HON. BARBARA LEE upon Him for guidance, you will have an inner strength that no person or thing can IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA take away from you. A strength so powerful, Friday, October 9, 1998 IN THE HOUSE OF REPRESENTATIVES that not even the fear of death can destroy Mr. CRANE. Mr. Speaker, on behalf of my- Friday, October 9, 1998 it. I’m sure that these war veterans had strength from God and a strong love for self, as chairman of the Ways and Means Ms. LEE. Mr. Speaker, I call your attention America. Trade Subcommittee, and my distinguished to the work of the Disabled American Veterans Because of the veterans’ efforts in these colleague and ranking member of the Sub- Auxiliary (DAVA), Oakland Unit No. 7 with stu- wars, they helped America become one of the committee, ROBERT MATSUI, I rise today to in- dents in my community. We are particularly greatest countries on the face of the earth. form my colleagues of a critically important proud of the speech that twelve year old Because of their love and sacrifice we live in telecommunications trade issue. While compa- Bezalel Brian Benson delivered at the annual a nation today that is governed by a fair and nies from around the world are busy develop- Americanism program held February 14, 1998. democratic government. Because of their ef- forts they helped protect not only the rights ing innovative new wireless telecommuni- The inspiring quality of this speech moves me of Americans over the years, but the rights cations devices, potentially serious roadblocks to share it with you. of other people throughout the world as well. to the free trade of these products are being Bez, as he is called, is an outstanding stu- I believe that all Americans should show erected in the form of exclusionary standards. dent at St. Joseph's Elementary School. He appreciation for the veterans’ tremendous ef- The European Union (EU) is on the verge of came to the attention of DAVA because of two fort. We must realize that many people died adopting legislation that would mandate the essays which won first place in the DAVA for us! We must realize that someone lost an use of exclusionary third generation wireless State contests held in 1997 and 1998 entitled: arm, or lost their legs for the sake of our standards incompatible with existing Amer- freedom. So don’t you think that we should ``Why I Love America'' and ``What the Flag do our part, and give something back to ican-developed telecommunications equipment Means To Me.'' The following is the text of his them, by helping to make America the best and systems. If this measure were adopted, all speech of February 14th: country it can be? Our veterans fought and other technologies, specifically American-de- Good afternoon. To the California State died for America, so shouldn’t we take care veloped technology, would be blocked from Senior Vice Commander Donna Stennett, of the country they loved, and continue to competing in Europe as a matter of law. E2054 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 In addition, the European Telecommuni- States Trade Representative, will vigorously if he had the chance. He added that he be- cations Standards Institute (ETSI) recently monitor this important trade issue, ensuring lieved ‘‘in equal opportunities for everyone.’’ adopted a single third generation wireless that the worldwide market in this rapidly Mr. Slaughter, who generally used his first initial and was known as French, was born in standard, Wideband CDMA (W±CDMA), and emerging technology is open for American-de- Culpeper. He attended Virginia Military In- has submitted this one standard to the Inter- veloped technologies and standards. stitute before serving in the Army infantry national Telecommunications Union (ITU) for f in World War II, and receiving the Purple approval. This is an inappropriate role for Eu- Heart. rope's regulators: picking winners by adminis- IN RECOGNITION OF THE HONOR- After the war, he graduated from the Uni- trative fiat. That is the role of the marketplace. ABLE D. FRENCH SLAUGHTER, versity of Virginia and its law school and These regulations will harm the United JR. practiced law in Culpeper. States in numerous ways. American jobs will While in the General Assembly, he was re- garded as a key proponent of the state’s be lost, American-developed telecommuni- HON. FRANK R. WOLF community college system. cations products and services will quickly be- OF VIRGINIA In Congress, he served on the Judiciary, come obsolete, and billions of dollars of Amer- IN THE HOUSE OF REPRESENTATIVES Small Business, and Science, Space and ican investment that built telecommunications Friday, October 9, 1998 Technology committees. He emphasized networks will be kept out of Europe's vast issues of significance to the elderly, particu- marketplace. It should be noted that no such Mr. WOLF. Mr. Speaker, Virginians were larly health care. A Health Care Safety Ac- arbitrary rules prevent European developed saddened to learn of the recent death of the count bill he introduced would have allowed Honorable D. French Slaughter, Jr. Our col- tax credits for people older than 65 who set technologies from competing for customers in up special savings accounts to pay health the American market. Further, the EU's ac- leagues may recall that he represented the 7th District of Virginia, areas of which are now care expenses. tions in this regard run directly counter to the In 1990, he boycotted a speech given to a laudable trade liberalization goals contained in part of the 10th District, which I represent. joint congressional session by Nelson the Transatlantic Economic Partnership We don't have many heroes today, sadly, Mandela, now South Africa’s president. He (TEP)Ða recently announced initiative be- but French Slaughter was a true American said he believed that Mandela refused to rule tween the EU and the United States. hero. He fought in World War II, was wounded out violence in the struggle against apart- In response to a recent inquiry made by Mr. and decorated. When his country needed him, heid. he went. Survivors include a son, D. French Slaugh- MATSUI regarding this issue, U.S. Trade Rep- ter III, of Charlottesville; a daughter, Kath- resentative Charlene Barshefsky stated that He was also a true Virginia gentleman. He served in the General Assembly for 20 years. leen Slaughter Smith, of Gilbert, Ariz.; a the administration would actively monitor the brother, Johnson Slaughter, of Houston; and EU's commitment to transparent and non- He was the father of the community college nine grandchildren. system in Virginia. Mr. Slaughter and I worked trade distorting standards, including the pos- f sible use of the World Trade Organization dis- together in Congress to help save a number of pute settlement procedures. historic Civil War battlefields. We also worked TRIBUTE TO KAY SCHULZE Congressman MATSUI and I are concerned together to help the Virginia Inland Port in that the same problem may emerge in Japan. Front Royal, Virginia. HON. KEVIN BRADY Japan is also considering a new wireless tele- Mr. Slaughter was a dedicated public serv- ant. I was proud to call him my friend and to OF TEXAS communications standard and could adopt an IN THE HOUSE OF REPRESENTATIVES identical exclusionary standard as Europe, serve in Congress with him. We send our which could have the same effect in deepest sympathies to his family. Friday, October 9, 1998 disadvantaging U.S. suppliers. I would submit for the RECORD the obituary Mr. BRADY of Texas. Mr. Speaker, I rise Such actions by Japan and Europe threaten notice from the October 4, Washington Post. today to pay tribute to a very unique, special to disrupt the fair and objective evaluation of D.F. SLAUGHTER DIES AT AGE 73; personÐKay Schulze of Bryan-College Sta- telecommunications standards currently under- CONGRESSMAN FROM VIRGINIA tion, Texas. way at the International Telecommunications (By Martin Weil) It's been said that a person has not lived a Union (ITU). If countries prematurely adopt Daniel French Slaughter Jr., who was perfect day unless you have done something standards and make them mandatory before elected to Congress four times as a Repub- for someone who will never be able to repay the ITU has fully evaluated different proposals lican from Virginia’s 7th District, which in- you. By that measure, Kay has enjoyed many and had a chance to encourage harmoni- cludes parts of the Washington suburbs, died a perfect day. zation, then a valuable opportunity to ensure Oct. 2 in a nursing home in Charlottesville. Originally a native of Ohio, where much of The 73-year-old lawyer, a Culpeper resident, her family still resides, Kay worked hard to put fairness and consideration of global needs will had Alzheimer’s disease. have been lost. Mr. Slaughter was elected to Congress in her young husband through school. In a home In the Americas, we have tried to build a 1984 and announced in 1991 that he was re- rich with love and faith, Kay raised four chil- consensus on how to approach the develop- signing after a series of mild strokes. dren of whom she is unabashedly proud. She ment of wireless standards through the Inter- The district he represented stretched from didn't just teach, but practiced daily her strong American Telecommunication Commission Manassas southeast to Fredericksburg and belief that human dignity, economic freedom (CITEL). On September 18, a CITEL resolu- west to Charlottesville. While in Congress, and individual responsibility are the character- tion was adopted to guide member states par- Mr. Slaughter was known for providing resi- istics that distinguish our nation. dents of his district with a high level of con- As her children entered their teenage years, ticipating in the ITU standards process. The stituent service. guidelines were designed to ensure that the During one of his congressional campaigns, Kay saw an opportunity to increase her citizen standards selection process does not ad- a Democrat criticized Mr. Slaughter for duty-to-country and began volunteering in versely affect users and suppliers of existing maintaining a low profile on Capitol Hill. local Ohio elections for public office. It was an wireless networks based on U.S. technology, ‘‘He does what he gets paid for,’’ a state Re- obligation she learned early in life through her which must incorporate a new standard to pro- publican official said in his defense, ’’and uncle who served with distinction in the State vide advanced services. The United States that’s why people like him.’’ Legislature of Ohio. In 1980 she proudly at- strongly endorsed these principles and on In 1991, after his retirement was an- tended her first GOP national convention. nounced, another state party official praised Four years later Texas received the gift of September 30, formally asked Japan to adopt his integrity and said that he ‘‘epitomizes similar principles as it considers its new wire- what is a real Virginia gentleman.’’ her enthusiasm and work ethic when her fam- less standards. While in Congress, Mr. Slaughter was ily moved to College Station, Texas. Kay wast- As the representatives of the Ways and viewed as one of the last Virginia officials ed little time in continuing her civic duty and Means Trade Subcommittee, Mr. MATSUI and who had sprung from the rural, conservative sharing her wonderful leadership skills, serving I urge our colleagues to insist that the tele- political machine founded by the late sen- as president of the Republican Women of communication markets in Europe and Japan ator Harry F. Byrd (D). Brazos County no less than three terms. Time open themselves to American innovation, in While serving in the General Assembly and time again she happily shouldered the from 1958 to 1978, Mr. Slaughter supported time-consuming task of coordinating local get- the same manner that American markets are ‘‘massive resistance,’’ a policy under which open to foreign competition. many Virginia localities shut down the pub- out-the-vote phone banks and encouraged We anticipate that this issue will be an im- lic schools rather than integrate them. young and old alike to become more involved portant one for the 106th Congress. The Con- Mr. Slaughter said later that he could not in shaping the direction of our democracy. In- gress, together with Office of the United think of specific votes that he would change evitably, by unanimous acclamation, in 1990 CONGRESSIONAL RECORD — Extensions of Remarks E2055 Kay was honored as the Brazos County Vol- throughout the world thus removing the only House, and the American people, the recently unteer-of-the-Year by the Republican Party of good indicator left to warn of dangers ahead ratified Convention Against Torture and Other Brazos County. Somehow, through it all, she and the need for sound reform. The rapid Cruel, Inhuman or Degrading Treatment or always makes time to be a good friend, wife, transfer of capital around the world is the mes- Punishment. This is one of the five basic mother and confidant to those in need of com- senger and not the cause. Killing the mes- human rights treaties the United States has mon-sense advice. senger will only hide and increase distortions ratified. Many citizens who serve in public office in while prolonging the economic pain. I am following the lead of Congressman Brazos County, the Texas Legislature and in The proposal of the Group of 22 to regulate RONALD V. DELLUMS, who read into the the halls of the United States Congress owe a capital flows through a new ``World Central RECORD important sections of the International great debt to the tireless efforts of Kay Bank'' prevents any effort to restore efficient Convenant on Civil and Political Rights. It is Schulze. I am delighted to admit that I would market mechanisms and prevents any serious important that its provisions become part of not now be serving my first term in the U.S. discussion for using gold as the money of our thinking and that we carry out our treaty House of Representatives representing the choice. commitments as we build enforcement of Eighth Congressional District of Texas had All money managers in major countries human rights law throughout this country at Kay Schulze not believed in me. For the past decry currency controls by any individual the federal, state and local levels. Our work two years she had also served on my Texas country yet are now about to embark on a against torture and other illegal practices in A & M University Agricultural Intern Selection new world-wide approach to regulating all cap- this country will strengthen work against tor- Committee, interviewing and recommending ital flowsÐa global economic plan to socialize ture in other countries. bright young students who she believes can all world credit. But, it won't work because the This Convention Against Torture entered contribute to serving the constituents of our plan is deeply and inherently flawed. into force for the United States on October district. First, the plan demands additional appro- 21st, 1994 with no fanfare or coverage by the Kay Schulze is a phenomenal person with a priations to transfer wealth from the richer to media. By ratifying this Convention, the United wonderful intellect, an unshakable faith and a the poorer nations through increased funding States made it part of the supreme law of the very, very good heart. I am proud and blessed of the International Monetary Fund, World land under the U.S. Constitution, Article VI, to call her my friend. Bank, Development Bank, and direct foreign paragraph 2. And the U.S. Government com- Recently, I am sad to report, Kay rejoined aid programs. mitted itself to take three steps: her family in Ohio as she continues her coura- Second, it calls for more credit expansion by 1. To publicize the text throughout the na- geous battle against cancer. But there is no the richer nations, more loan guarantees, and tion, including notifying the states to publicize spot on this Earth distant enough to reach be- export-import bank credits and, indirectly, by the text at the state and local levels; yond the love, thoughts and prayers of her providing credit to the Exchange Stabilization 2. To prepare a report on ``the measures dedicated friends in Texas. Fund and possibly to the Bank International they have taken to give effect to their under- America is a better place today because of Settlements. takings'' under the treaty within one year after Kay Schulze. Third this plan calls for an international gov- its entry into force, and every four years there- f ernment agreement to strictly control capital after; flows and mandate debt forgiveness in con- 3. To meet with the UN Committee Against NEW GLOBAL ECONOMIC PLAN trast to allowing countries to default. Control- Torture after filing each report in order to work ling swift movements of capital is impossible toward compliance with all provisions of the HON. RON PAUL and any attempt only encourages world gov- Convention in all federal agencies and at the OF TEXAS ernment through planning by a world fiat mon- state and local levels. IN THE HOUSE OF REPRESENTATIVES etary system. Any temporary ``benefit'' can The treaty describes at length what the United States and all signatory nations must Friday, October 9, 1998 only be achieved through an authoritarian ap- proach to managing the world economy, all do to stop torture. Article 16 commits each na- Mr. PAUL. Global leaders are scurrying done with the pretense of preserving financial tion to take the same steps to stop cruel, inhu- around to put together, as quickly as possible, stability at the expense of national sovereignty man or degrading treatment or punishment. In a new plan to solve the international financial and personal liberty. order to stop both kinds of practices, the crisis. Let there be no doubt, the current chaos is United States made a commitment in Article The world economies have been built on being used to promote a new world fiat mone- 10 to ``ensure that education and information generous credit expansion with each country tary system while giving political powers to its regarding the prohibition against torture [and inflating their currencies at different rates. Ad- managers. other cruel, inhuman or degrading treatment or ditionally, each country has had different politi- Instead, we should be talking about aban- punishment] are fully included in the training of cal, tax, and regulatory policies leading to var- doning the paper money system we have lived law enforcement personnel, . . .'', as I will ious degrees of trust and stability. Economies with for 27 years. It has, after all, brought us read in full later. that have ``enjoyed'' inflationary booms, by the current world-wide financial mess. I am happy to report to the House, and to their very nature, must undergo a market cor- Free markets and stable money should be the American people, that experience with UN rection. The market demands deflation of all our goal, not further institutionalizing of world human rights treaties is that the reporting excesses, while the politicians and special in- economic planning and fiat money at the sac- process works. Studies show that 32 out of 36 terests agitate for continued credit inflation. rifice of personal liberty. Indeed, we need a countries have improved their human rights Under these circumstances, financial assets serious discussion of the current crisis but so laws after going through the reporting process may deflate in price but monetary inflation far no one should be encouraged by the direc- more than once. The method of enforcement continues and the currency is further depre- tion in which the Group of 22 is going. Our re- is familiar to many of us: it is the mobilization ciated thus putting serious pressure on the sponsibility here in the Congress is to protect of shame. The Committee hears from a gov- dollar; as in the case of the United States. the dollar, not to sit idly by as it's being delib- ernment, dialogues with officials of that gov- Fluctuating fiat currencies, no matter how in- erately devalued. ernment, makes its report, which it discusses efficient as compared to a world commodity f with that government, and then can report its monetary standard, function solely because findings to the UN General Assembly. exchange rates are allowed to fluctuate and STARTING TO USE THE NEWLY However, the United States has not yet filed currency movements across borders are freely RATIFIED TREATY AGAINST its first report, due Oct. 21, 1995. The second permitted as capital seeks the most efficient TORTURE AND OTHER CRUEL, U.S. report will be due Oct. 21, 1999. Each re- market. This process provides an indication INHUMAN OR DEGRADING port by the UN Committee Against Torture when host countries need to improve mone- TREATMENT OR PUNISHMENT must mention that the U.S. has not met its tary and fiscal policy. treaty obligations to date. A gold standard solves capital flow prob- HON. BARBARA LEE I now offer several pages of excerpts from lems automatically and avoids all currency OF CALIFORNIA the Convention. All deletions are marked speculation. Gold prevents excesses from de- IN THE HOUSE OF REPRESENTATIVES with. . . . The full treaty is available in Inter- veloping to any dangerous level. national Legal Materials, Volume 23, page Decades ago, the gold standard was aban- Friday, October 9, 1998 1027 and Volume 24 at p. 535 (1985). Con- doned and now our global planners want to Ms. LEE. Mr. Speaker, I rise to call to the vention against Torture and Other Cruel, Inhu- take another step to regulate all capital flows attention of the Honorable Members of the man or Degrading Treatment or Punishment E2056 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 Adopted and opened for signature, ratification Article 5: 1. Each State party shall take tradition treaty, it may consider this Con- and accession by General Assembly resolu- such measures as may be necessary to estab- vention as the legal basis for extradition in tion 39/46 of 10 December 1984 entry into lish its jurisdiction over the offences re- respect of such offences. Extradition shall be force 26 June 1987, in accordance with article ferred to in article 4 in the following cases: subject to the other conditions provided by (a) When the offences are committed in the law of the requested State. 27 (1) entry into force for the United States 21 any territory under its jurisdiction or on 3. States Parties which do not make extra- October 1994 (President signed 18 April 1988; board a ship or aircraft registered in that dition conditional on the existence of a trea- see 136 Cong. Rec. S17491±2, October 1, State; ty shall recognize such offences as extra- 1990. (b) When the alleged offender is a national ditable offences between themselves subject The States Parties to this Convention, of that State; to the conditions provided by the law of the Considering that, in accordance with the (c) When the victim is a national of that requested State. principles proclaimed in the Charter of the State if that State considers it appropriate. 4. Such offences shall be treated, for the United Nations, recognition of the equal and 2. Each State Party shall likewise take purpose of extradition between States Par- inalienable rights of all members of he such measures as may be necessary to estab- ties, as if they had been committed not only human family is the foundation of freedom, lish its jurisdiction over such offences in in the place in which they occurred but also justice and peace in the world, cases where the alleged offender is present in in the territories of the States required to Recognizing that those rights derive from any territory under its jurisdiction and it establish their jurisdiction in accordance the inherent dignity of the human person, does not extradite him pursuant to article 8 with article 5, paragraph 1. Considering the obligation of States under to any of the States mentioned in paragraph Article 9:1. States Parties shall afford one the Charter, in particular Article 55, to pro- I of this article. another the greatest measure of assistance mote universal respect for, and observance 3. This Convention does not exclude any in connection with criminal proceedings of, human rights and fundamental freedoms, criminal jurisdiction exercised in accordance brought in respect of any of the offences re- Having regard to article 5 of the Universal with internal law. ferred to in article 4, including the supply of Declaration of Human Rights and article 7 of Article 6: 1. Upon being satisfied, after an all evidence at their disposal necessary for the International Covenant on Civil and Po- examination of information available to it, the proceedings. . . . litical Rights, both of which provide that no that the circumstances so warrant, any Article 10:1. Each State Party shall ensure one shall be subjected to torture or to cruel, State Party in whose territory a person al- that education and information regarding inhuman or degrading treatment or punish- leged to have committed any offence referred the prohibition against torture are fully in- ment, . . . to in article 4 is present shall take him into cluded in the training of law enforcement Desiring to make more effective the strug- custody or take other legal measures to en- personnel, civil or military, medical person- gle against torture and other cruel, inhuman sure his presence. The custody and other nel, public officials and other persons who or degrading treatment or punishment legal measures shall be as provided in the may be involved in the custody, interroga- throughout the world, Have agreed as fol- law of that State but may be continued only tion or treatment of any individual subjected lows: for such time as is necessary to enable any to any form of arrest, detention or imprison- PART I criminal or extradition proceedings to be in- ment. Article 1:1. For the purposes of this Con- stituted. 2. Each State Party shall include this pro- vention, the term ‘‘torture’’ means any act 2. Such State shall immediately make a hibition in the rules or instructions issued in by which severe pain or suffering, whether preliminary inquiry into the facts. regard to the duties and functions of any physical or mental, is intentionally inflicted 3. Any person in custody pursuant to para- such person. on a person for such purposes as obtaining graph I of this article shall be assisted in Article 11: Each State Party shall keep from him or a third person information or a communicating immediately with the near- under systematic review interrogation rules, confession, punishing him for an act he or a est appropriate representative of the State of instructions, methods and practices as well third person has committed or is suspected which he is a national, or, if he is a stateless as arrangements for the custody and treat- of having committed, or intimidating or co- person, with the representative of the State ment of persons subjected to any form of ar- ercing him or a third person, or for any rea- where he usually resides. rest, detention or imprisonment in any terri- son based on discrimination of any kind, 4. When a State, pursuant to this article, tory under its jurisdiction, with a view of when such pain or suffering is inflicted by or has taken a person into custody, it shall im- preventing any cases of torture. at the instigation of or with the consent or mediately notify the States referred to in ar- Article 12: Each State Party shall ensure acquiescence of a public official or other per- ticle 5, paragraph 1, of the fact that such per- that its competent authorities proceed to a son acting in an official capacity. It does not son is in custody and of the circumstances prompt and impartial investigation, wher- include pain or suffering arising only from, which warrant his detention. The State ever there is reasonable ground to believe inherent in or incidental to lawful sanctions. which makes the preliminary inquiry con- that an act of torture has been committed in 2. This article is without prejudice to any templated in paragraph 2 of this article shall any territory under its jurisdiction. international instrument or national legisla- promptly report its findings to the said Article 13: Each State Party shall ensure tion which does or may contain provisions of States and shall indicate whether it intends that any individual who alleges he has been wider application. to exercise jurisdiction. subjected to torture in any territory under Article 2: 1. Each State Party shall take ef- Article 7:1. The State Party in the terri- its jurisdiction has the right to complain to, fective legislative, administrative, judicial tory under whose jurisdiction a person al- and to have his case promptly and impar- or other measures to prevent acts of torture leged to have committed any offence referred tially examined by, its competent authori- in any territory under its jurisdiction. to in article 4 is found shall in the cases con- ties. Steps shall be taken to ensure that the 2. No exceptional circumstances whatso- templated in article 5, if it does not extra- complainant and witnesses are protected ever, whether a state of war or a threat of dite him, submit the case to its competent against all ill-treatment or intimidation as a war, internal political in stability or any authorities for the purpose of prosecution. consequence of his complaint or any evi- other public emergency, may be invoked as a 2. These authorities shall take their deci- dence given. justification of torture. sion in the same manner as in the case of Article 14: 1. Each State Party shall ensure 3. An order from a superior officer or a any ordinary offence of a serious nature public authority may not be invoked as a in its legal system that the victim of an act under the law of that State. In the cases re- justification of torture. of torture obtains redress and has an en- Article 3: 1. No State Party shall expel, re- ferred to in article 5, paragraph 2, the stand- forceable right to fair and adequate com- turn (‘‘refouler’’) or extradite a person to an- ards of evidence required for prosecution and pensation, including the means for as full re- other State where there are substantial conviction shall in no way be less stringent habilitation as possible. In the event of the grounds for believing that he would be in than those which apply in the cases referred death of the victim as a result of an act of danger of being subjected to torture. to in article 5, paragraph 1. torture, his dependants shall be entitled to 2. For the purpose of determining whether 3. Any person regarding whom proceedings compensation. there are such grounds, the competent au- are brought in connection with any of the 2. Nothing in this article shall affect any thorities shall take into account all relevant offences referred to in article 4 shall be guar- right of the victim or other persons to com- considerations including, where applicable, anteed fair treatment at all stages of the pensation which may exist under national the existence in the State concerned of a proceedings. law. consistent pattern of gross, flagrant or mass Article 8:1. The offences referred to in arti- Article 15: Each State Party shall ensure violations of human rights. cle 4 shall be deemed to be included as extra- that any statement which is established to Article 4: 1. Each State Party shall ensure ditable offences in any extradition treaty ex- have been made as a result of torture shall that all acts of torture are offences under its isting between States Parties. States Parties not be invoked as evidence in any proceed- criminal law. The same shall apply to an at- undertake to include such offences as extra- ings, except against a person accused of tor- tempt to commit torture and to an act by ditable offences in every extradition treaty ture as evidence that the statement was any person which constitutes complicity or to be concluded between them. made. participation in torture. 2. If a State Party which makes extra- Article 16: 1. Each State Party shall under- 2. Each State Party shall make these dition conditional on the existence of a trea- take to prevent in any territory under its ju- offences punishable by appropriate penalties ty receives a request for extradition from an- risdiction other acts of cruel, inhuman or de- which take into account their grave nature. other State Party with which it has no ex- grading treatment or punishment which do CONGRESSIONAL RECORD — Extensions of Remarks E2057 not amount to torture as defined in article I, Article 19: 1. The States Parties shall sub- directed primarily at claimants. Thirty- when such acts are committed by or at the mit to the Committee, through the Sec- three states currently have active workers’ instigation of or with the consent or acquies- retary-General of the United Nations, re- compensation insurance fraud units, many of cence of a public official or other person act- ports on the measures they have taken to them geared to fighting claimant fraud. In ing in an official capacity. In particular, the give effect to their undertakings under this every state, some claimant fraud has been obligations contained in articles 10, 11, 12 Convention, within one year after the entry discovered; publicity about these cases has and 13 shall apply with the substitution for into force of the Convention for the State created a deterrent for workers who might references to torture of references to other Party concerned. Thereafter the States Par- contemplate fraudulent claims. But it has forms of cruel, inhuman or degrading treat- ties shall submit supplementary reports also created an atmosphere that Frederick ment or punishment. every four years on any new measures taken Hill, California analyst for Firemark Re- 2. The provisions of this Convention are and such other reports as the Committee search of New Jersey, describes as the ‘‘un- without prejudice to the provisions of any may request. warranted and anecdotal vilification of the other international instrument or national 2. The Secretary-General of the United Na- work force.’’ law which prohibits cruel, inhuman or de- tions shall transmit the reports to all States In its extensive investigation of workers’ grading treatment or punishment or which Parties. compensation fraud, the Santa Rosa Press relates to extradition or expulsion. f Democrat concluded that, ‘‘The perception PART II that workers are cashing in by faking or ex- Article 17: 1. There shall be established a ON THE REAL STORY ABOUT aggerating injuries has created a climate of Committee against Torture (hereinafter re- WORKERS’ COMPENSATION FRAUD mistrust in which every person who is in- ferred to as the Committee) which shall jured and files a claim can become the sub- carry out the functions hereinafter provided. ject of suspicion by insurance adjusters, doc- The Committee shall consist of ten experts HON. DENNIS J. KUCINICH tors and industry lawyers.’’ Perhaps most of high moral standing and recognized com- OF OHIO importantly, the fixation on claimant fraud petence in the field of human rights, who IN THE HOUSE OF REPRESENTATIVES has distracted policymakers, enforcement shall serve in their personal capacity. The agencies, and the public from growing evi- experts shall be elected by the States Par- Friday, October 9, 1998 dence of the real problem: millions of dollars ties, consideration being given to equitable Mr. KUCINICH. Mr. Speaker, I rise to in employer and provider fraud. geographical distribution and to the useful- present the findings of a significant, new re- Fixation on Claimant Fraud ness of the participation of some persons port on workers' compensation fraud, prepared Few experts believe that claimant fraud is having legal experience. a major cost driver in workers’ compensa- 2. The members of the Committee shall be for the Injured Workers Bar Association. The report finds that allegations of fraud due to tion. But some estimates, including those elected by secret ballot from a list of persons adopted by California Governor Pete Wilson, nominated by States Parties. Each State false worker's claims are far out of proportion suggest that fraud accounted for 25% of all Party may nominate one person from among to their occurrence. I ask that my colleagues employers’ workers’ compensation costs and its own nationals. . . . consider these findings. 10% of the claims. In California, a wave of 3. Elections of the members of the Commit- WORKER’S COMPENSATION FRAUD: THE REAL legislation in the late 1980s and early 1990s tee shall be held at biennial meetings of STORY was fueled by allegations from employers States Parties convened by the Secretary- that workers’ compensation costs were too (Prepared by the Labor Research Associa- General of the United Nations. At those high and that fraud was rampant in the sys- tion, Greg Tarpinian, executive director) meetings, for which two thirds of the States tem. But between 1979 and 1991, insurance Parties shall constitute a quorum, the per- Executive Summary carriers in California reported only 532 cases sons elected to the Committee shall be those Escalating workers’ compensation insur- of alleged fraud. who obtain the largest number of votes and ance premiums in the late 1980s and early According to the Santa Rosa Press Demo- an absolute majority of the votes of the rep- 1990s set off a series of unsubstantiated crat, ‘‘Some insurance companies saw fraud resentatives of States Parties present and charges about widespread claimant fraud as as a way to explain why premiums were soar- voting. . . . a major cost driver in the workers’ com- ing, and politicians and the media jumped on 5. The members of the Committee shall be pensation system. A number of states passed the bandwagon.’’ The Press Democrat found elected for a term of four years. They shall anti-fraud legislation and began to pursue that, ‘‘While some insurance companies be eligible for re-election if renomi- fraud cases and to collect information about claim one out of three workers lie about nated. . . . fraud on a serious basis. These efforts have their injuries, or 33%, the actual number of 6. If a member of the Committee dies or re- uncovered no evidence to support the fraud cases sent to prosecutors is less than 1 signs or for any other cause can no longer charges of widespread claimant fraud and, in out of 100, or less than 1%. perform his Committee duties, the State fact, have revealed that employer fraud is a In its estimates of fraud within its own Party which nominated him shall appoint far larger drain on the system. The mis- state, Kentucky reversed California’s esti- another expert from among its nationals to placed focus on claimant fraud has created mate of fraud accounting for 10% of claims serve for the remainder of his term, subject an atmosphere of fear and intimidation for and 25% of costs, saying that ‘‘as much as to the approval of the majority of the States injured workers with legitimate claims. It 25% of all workers’ compensation claims in- Parties. . . . has also distracted policymakers, law en- volve some element of fraud, accounting for 7. States Parties shall be responsible for forcement officials and the public from the 10% of paid premium.’’ Kentucky then cal- the expenses of the members of the Commit- real fraud problem in workers’ compensa- culated its own fraud losses as $60 million a tee while they are in performance of Com- tion: employer fraud. year. It noted, however, that ‘‘while the ex- mittee duties. Dramatic increases in workers’ compensa- Article 18: 1. The Committee shall elect its tent of the fraud cannot be quantified, there tion premiums throughout the late 1980’s and officers for a term of two years. They may be is no doubt that workers’ compensation early 1990’s fueled unsubstantiated charges re-elected. fraud is in the public eye. Reports of fraud 2. The Committee shall establish its own that costs were high in part because workers .. . are proliferated by the media.’’ rules of procedure, but these rules shall pro- abused the system, fraudulently collecting High workers’ compensation costs led to vide, inter alia, that: benefits for faked injuries or remaining on more anti-fraud efforts. The Arkansas legis- (a) Six members shall constitute a quorum; benefits far longer than their recovery re- lature created the Workers’ Compensation (b) Decisions of the Committee shall be quired. The American Insurance Association Fraud Investigation Unit in 1993, in response made by a majority vote of the members estimated fraud losses at 10% of the cost of to then-escalating workers’ compensation present. claims paid, or about $3 billion. The National costs. In its first year of operation, the new 3. The Secretary-General of the United Na- Insurance Crime Bureau doubled the ALA’s Fraud Unit opened 116 investigations, lead- tions shall provide the necessary staff and estimate to $6 billion, even though it was in- ing to 10 claimant fraud prosecutions and facilities for the effective performance of the volved in only 99 fraud prosecutions in 1994 five employer fraud prosecutions, and quick- functions of the Committee under this Con- and 134 in 1995 nationwide. The Coalition ly discovered that the employer cases ac- vention. Against Insurance Fraud adopted the AIA’s counted for a large portion of the dollar 4. . . . After its initial meeting, the Com- estimate. One insurance company president value involved. mittee shall meet at such times as shall be put the cost of workers’ compensation fraud New York’s massive 1996 workers’ com- provided in its rules of procedure. at $30 billion a year. These huge numbers pensation legislation, including its fraud 5. The States Parties shall be responsible grabbed the attention of the public and pol- provisions, resulted a directly from employer for expenses incurred in connection with the icyholders. The presumption in the press and claims that workers’ compensation costs holding of meetings of the States Parties and in the state houses was that fraud was ramp- were out of control. New York State Control- of the Committee, including reimbursement ant and that most workers’ compensation ler H. Carl McCall announced flatly in Octo- to the United Nations for any expenses, such fraud was claimant fraud. ber of 1997, ‘‘Fraud is a factor in New York’s as the cost of staff and facilities, incurred by Since that time, more than half of the compensation costs.’’ A statement from his the United Nations pursuant to paragraph 3 states have passed legislation on workers’ office made the link between rising costs and of this article. compensation fraud, with most of the laws the presumption of widespread fraud, stating E2058 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 that, ‘‘In response to the high cost of work- claims for false injuries, drove up the cost of The Texas report found, however, that in- ers’ compensation, reforms aimed at fraud workers’ compensation insurance. While surance carriers spent more money inves- detection and prosecution were enacted in claims fraud is a significant problem in Flor- tigating injured worker benefit fraud than 1996.’’ But according to the New York State ida it pales in comparison with the occult any other type of workers’ compensation Insurance Department’s annual report on in- type of fraud known as ‘premium fraud,’ fraud. In 1996, Texas insurance carriers spent surance fraud, workers’ compensation fraud where loss estimates range around $400 mil- an average of $1,257 per claimant fraud inves- represented only 3% of all the fraud reports lion. Stewart notes that, ‘‘Premium fraud tigation, compared with $991 per employer in the state in 1996, the year that the legisla- scams are costly to companies in Florida, premium fraud investigation and $823 per tion was passed. causing workers compensation insurance health care provider fraud investigation. In Of the more than $6 million in insurance rates to escalate and legitimate companies 1996, the nineteen insurers studied spent over fraud documented in the New York report, to lose business because they are less able to $5.5 million investigating workers’ com- workers’ compensation claimant cases ac- compete with companies shirking the sys- pensation fraud in Texas, yet recovered a counted for less than 2%. The report cited tem.’’ total of $1,520,179. Of the 4,077 cases of claim- cases of pharmacists, physicians, and medi- In Florida, the construction industry, the ant fraud that the carriers investigated, only cal clinics making a total of almost $3 mil- state Workers’ Compensation Oversight 18 were referred for criminal prosecution. lion in fraudulent claims. Three cases of pre- Board, and the House of Representatives The report concluded: ‘‘It is clear that more mium embezzlement totaled over half a mil- Committee on Financial Services all lobbied resources should be spent fighting the most lion dollars. The report cited only five cases for increased enforcement of premium fraud expensive and overlooked types of workers of claimant fraud totaling $107,300. Like and stiffer penalties for employers. Since compensation fraud: employer premium and other states that are pursuing workers’ com- 1996, Florida has turned its attention to pre- health care provider fruad.’’ A 1995 law that requires the reporting and pensation fraud, New York is quickly discov- mium fraud, with dramatic results. Florida investigation of premium fraud has helped to ering that the real drain on the system now has a special strike force mobilized sole- shift the focus in California. ‘‘In terms of stems from employer and provider fraud. ly to fight premium fraud. The state pros- ecutor has also impaneled a statewide grand dollar costs, there’s no question that em- Common Forms of Employer Fraud jury to hear complex insurance fraud ployer fraud today costs more dollars to car- The best evidence from the states that schemes such as premium fraud. During the riers and to the industry than employee have pursued fraud and generated detailed last months of 1997, 11 persons were charged fraud,’’ according to Richard Schultz, a records indicates that for every $1 lost in with racketeering and schemes to defraud, spokesman for the State Compensation In- claimant fraud, at least $4 to $5 (and in some which involved $7.5 million in workers’ com- surance Fund, California’s largest compensa- states as much as $10) are lost through pre- pensation premium fraud losses. tion insurer. A recent study by the Califor- mium fraud. Premium fraud includes a num- In one case, a Palm Beach leasing firm nia Department of Industrial Relations and ber of schemes used by employers to reduce misclassified employees and underreported the Employment Development Department the workers’ compensation insurance pre- their payroll, thus avoiding payment of more (EDD) calculated that 19% of employers— miums by underreporting payroll, than $800,000 in workers’ compensation in- nearly one out of every five—either under- misclassifying employees’ occupations and surance premiums. Another case involved report payroll to EDD or have no workers’ misrepresenting their claims experience. Ac- underreporting of payroll at a large fruit compensation insurance. The California De- cording to the National Council on Com- harvesting company, with fraud charges to- partment of Insurance concludes that, pensation, the most common frauds include: taling $3.5 million. Yet another employer in ‘‘Losses on premium fraud can and usually Underreporting payroll. Employers reduce central Florida was charged with defrauding do exceed the amount of loss in claimant their premiums by not reporting parts of the insurers of $2 million while operating one of fraud, and, in some instances, medical mill work force, paying workers off the books or the state’s largest temporary employment fraud. For example, in several cases where creating a companion corporation to hide a agencies. The employer disguised the high- criminal charges have already been filed, portion of the employees. risk nature of the work done by many of the losses due to premium fraud for each case Declaring independent contractors. Em- employees, concealed its claims history, pre- are estimated to be in excess of $5 million. ployers avoid premium payments for em- vented insurance companies from conducting New York’s new anti-fraud efforts have ployees by classifying them as independent audits and lied on applications for workers’ dramatically increased arrests for workers’ contractors even though they are legally em- compensation insurance. In January of 1998, compensation fraud. In 1997, the New York ployees. two Florida insurance executives and their Insurance Department investigated 408 cases Misclassifying workers. Employers inten- attorney were charged with multiple crimi- of alleged workers’ compensation fraud and tionally misrepresent the work employees do nal counts in connection with the $100 mil- made 37 arrests, with $900,000 saved by insur- to put them in less hazardous occupational lion collapse of two insurance companies ance companies and more than $1.2 million categories and reduce their premiums. caused by kickbacks to reduce workers’ com- in court-ordered restitution. Although New Misrepresenting claims experience. Em- pensation premiums. York continues to focus on claimant fraud, ployers hide previous claims by classifying Under a state law that took effect in 1994, its investigations have uncovered premium employees as independent contractors or Wisconsin’s Division of Workers’ Compensa- fraud cases of far greater significance than leased employees or creating a new company tion now collects information and issues an- any of the claimant cases. In one recent on paper. nual reports on fraud. In 1994, the division case, the comptroller of a trucking company Employers deliberately underestimate em- referred to the district attorney five cases of pleaded guilty to mail fraud after he falsified ployment projections at the beginning of the claimant fraud, involving $44,674, out of the company’s payroll records to defraud the premium year and essentially receive an in- 73,678 work-related injuries reported for the State Insurance Fund of more than $1.2 mil- terest-free loan from the insurance company year. In its 1997 study, the division concluded lion in workers’ compensation insurance pre- for the amount that would have been re- that, ‘‘There is no evidence that criminally miums. quired to insure new employees. prosecutable fraud is more than one percent Massachusetts’s largest workers’ com- In addition to premium fraud, employers of all reported claims in Wisconsin—a far cry pensation fraud case for 1997 involved an em- often fail to purchase workers’ compensation from the 20–30% estimates thrown about ployer who fraudulently reduced the pre- insurance, despite state laws mandating that elsewhere.’’ In 1996, there were 152 allega- miums for his rubbish collection workers by they do so. There are also reports of employ- tions of workers’ compensation claimant classifying them as clerical workers, hiding ers instructing injured workers to seek fraud made to the division in Wisconsin. payroll and using shell corporations to evade surcharges based on the business’s unfavor- treatment under group health insurance Eleven of those were referred to the district able prior accident history. The employer than workers’ compensation, employers dis- attorney, and seven were pursued, with fraud concealed more than $1 million in payroll couraging workers from filing workers’ com- losses valued at total of $175,389. The division found that fraud is involved in six-tenths of from insurance auditors. pensation claims and firing workers who file Employers also abuse the system when claims. one percent of all reportable claims in Wis- consin. they fail to provide workers’ compensation Recognizing the Real Fraud A Texas study of workers’ compensation insurance for their employees or take out a While some states and the media continue fraud conducted by the state’s Research and policy but then fail to pay the premiums. to focus on claimant fraud, states that have Oversight Council on Workers’ Compensation California is beginning to investigate em- pursued workers’ compensation fraud in a se- found that, ‘‘In 1996, health care provider ployers who fail to provide workers’ com- rious way are now concluding that the em- fraud was the most expensive type of fraud pensation insurance. In March of 1998, Cali- phasis on claimant fraud is misplaced, and detected in the Texas workers’ compensation fornia launched a three-part pilot project to employer fraud is by far the greater problem. system in terms of total dollars lost match computer databases from various According to Jerry D. Stewart, the bureau ($1,200,952), accounting for over eight times state agencies to identify employers who are chief of workers’ compensation/law enforce- the dollar amount of injured worker benefit illegally uninsured for workers’ compensa- ment operations at the Division of Insurance fraud ($134,351).’’ In 1996, only 18 injured tion. According to John C. Duncan, Director Fraud in Florida. ‘‘Historically, there has worker benefit fraud cases were referred to of the California Department of Industrial been a common presumption that those com- district attorneys, with an average fraud of Relations, the project is designed to ‘‘level mitting the most costly type of workers’ $7,464 per case, compared with 46 health care the playing field for law-abiding insured em- compensation fraud have been claimants providers, with an average fraud of $26,108 ployers and reduce the taxpayer burden cre- whose actions, such a double-dipping or per case. ated by those who are not.’’ CONGRESSIONAL RECORD — Extensions of Remarks E2059 California’s Commission on Health and workers’ compensation claim may be sub- critically needed in many states. Until the Safety and Workers’ Compensation 1997 re- jected to insulting questions and treated as misplaced focus on claimant fraud is over- port concludes that, ‘‘Especially in indus- malingerers and cheats. Under the auspices come, district attorneys will continue to fry tries with high premium rates, the illegally of ‘‘fraud prevention,’’ they may face endless the small fish while the big fish go free, and uninsured employer is able to underbid the questioning and unnecessary medical exami- the voting public will remain distracted by insured employer. Insured employers are nations. They may be subjected to constant anecdotes. again disadvantaged when taxes are raised to video surveillance by private investors hired f cover costs shifted to government services to to follow their every move. Their employer assist the injured workers of employers who may refuse to provide light duty work, or PERSONAL EXPLANATION are illegally uninsured.’’ take retaliatory actions against them when Several other states, including Wisconsin they return to work. If they look for another and Colorado, are also using proactive pro- job, their application may be screened for HON. DANNY K. DAVIS grams to identify uninsured employers using prior workers’ compensation claims. OF ILLINOIS computerized lists of employers and workers’ Although some of these tactics are used in IN THE HOUSE OF REPRESENTATIVES compensation politics. In New York, a 1997 legitimate attempts to investigate question- audit by the state comptroller’s office re- able claims, they have also become part of a Friday, October 9, 1998 vealed that employers owe more than $500 broad employer attempt to intimidate work- Mr. DAVIS of Illinois. Mr. Speaker, on Sep- million in overdue unpaid workers’ com- ers from filing workers’ compensation pensation insurance premiums to the State claims. Under the pretext of controlling tember 17, 1998, I was unavoidably detained Insurance Fund. Failure to secure workers’ what has been falsely presented as rampant from casting my vote on Roll Call number 448. compensation insurance is only a mis- claimant fraud, injured workers are discour- However, if I had been present, I would have demeanor offense in New York. In West Vir- aged form exercising their legitimate rights voted ``aye'' on this amendment. ginia, the state has been forced to initiate a to workers’ compensation benefits. As a re- f series of lawsuits to force payment of more cent Michigan study demonstrated, the real than $100 million in unpaid workers’ com- problem in workers’ compensation is not PRESCRIPTION DRUG PRICING pensation premiums. that too many workers claim benefits, but Medical Provider Fraud that too few do so. The study, sponsored by HON. MARION BERRY Workers’ compensation fraud also occurs the National Institute for Safety and Health, OF ARKANSAS among medical providers. These forms of found that only one in four workers with oc- fraud evolve as the nature of medical care cupational diseases file for workers’ com- IN THE HOUSE OF REPRESENTATIVES changes over time. Outright fraud occurs pensation. Unsubstantiated charges of ramp- Friday, October 9, 1998 when providers bill for treatments that ant claimant fraud undermine public con- never occurred or were blatantly unneces- fidence in the system and discourage legiti- Mr. BERRY. Mr. Speaker, I rise today to an- sary. Some of the newer forms of medical mately injured workers from seeking the nounce the formation of the Prescription Drug provider fraud include kickbacks from spe- benefits they need and deserve. Task Force. cialists and other treatment providers to re- In California, a detailed investigation by I have enjoyed working with Representa- ferring physicians, and provider upcoding, state auditors found that ‘‘workers’ com- tives ALLEN and TURNER to form the task where provider charges exceed the scheduled pensation insurers violated workers’ rights force. amount. Providers also shift from the less in about half the claims it audited.’’ The vio- lations included ‘‘unacceptably high The task force will work to bring attention to expensive, all-inclusive patient report to issues involving the costs and availability of supplemental reports, which add evaluations amounts’’ of unpaid benefits, late payments, and incur separate charges. inaccurate benefit notices and failure to no- prescription drugs. Medical provider schemes include: creative tify injured workers of their rights. In de- The task force will serve as a clearinghouse billing—billing for services not performed; scribing the experience of many workers’ for information on these issues and will host self-referrals—medical providers who inap- compensation claimants. The Santa Rosa educational forums, briefings, and hearings. propriately refer a patient to a clinic or lab- Press Democrat found that many injured One of the things we will focus on is con- oratory in which the provider has an inter- workers slam into a wall of suspicion and tinuing to hold forums like the one we hosted est; upcoding—billing for a more expensive distrust that will paralyze them with shame last week, where members will be given an treatment than the one performed; and frustration and delay their recovery. unbundling—performing a single service but One of the injured workers interviewed by opportunity to participate in discussions and billing it as a series of separate procedures; the newspaper commented: ‘‘You get the learn how consumers are being affected by product switching—a pharmacy or other pro- feeling that even though you have a legiti- the pricing decisions of pharmaceutical com- vider bills for one type of product but dis- mate complaint and a six-inch scar, you’re panies. penses a cheaper version, such as a generic somehow a malingerer.’’ One thing I would like to talk about tonight drug. The grossly overstated estimates of claim- is how the most profitable industry in exist- Newer forms of fraud and abuse occurring ant fraud have not only subjected injured ence (that is legal) and why that industry's under managed care arrangements include: workers with legitimate claims to fear and underutilization—doctors receiving a fixed intimidation, but have also obscured a more practice of making excessive profits from the fee per patient may not provide a sufficient serious look at the workers’ compensation elderly and uninsured Americans is bad news. level of treatment; overutilization—unneces- system and the benefits it provides. The real According to industry ratings of Fortune 500 sary treatments or tests given to justify question is not why there is so much claim- companiesÐpharmaceutical companies are higher patient fees in a new contract year; ant fraud, but why there is so little. In most the most profitable businesses in existence. kickbacks—incentives for patient referrals; states, workers’ compensation benefits pro- They made $24.5 billion in profits last year. internal fraud—providers collude with the vide little more than poverty-level existence. Pharmaceutical companies had a 17.2 percent medical plan or insurance company to de- Workers often wait weeks and months for return on revenues. That compares to tele- fraud the employer through a number of payments. schemes. Many employers refuse to provide light communication companies who had an 8.1 According to the National Council on Com- duty or alternative jobs for workers who percent, computers and office equipment man- pensation, ‘‘The increased use of managed might be able to go back to work in a modi- ufacturers who had 7.3 percent, food and drug care for workers’ compensation, as well as fied capacity while they continue to recover, stores that made 1.7 percent. for other insurance lines, is bringing new so workers are forced to continue on inad- One might think the successful pharma- twists to old schemes,’’ Managed care cre- equate benefit payments even though they ceutical companies would be of tremendous ates more opportunities for fraud because of may be able to work in some capacity. Some the financial relationships and incentives be- benefit to American consumers. This couldn't injured workers lose their jobs or are only be more wrong. tween players. offered positions at much lower pay. It is lit- Although the campaign against California tle wonder that so many claimant fraud And unfortunately, while the pharmaceutical medical mills wiped out a substantial part of cases involve workers illegally continuing to companies are making tremendous profits, the medical provider abuse in that state, new accept benefits when they are in fact work- American people are being gouged. Thou- cases continue to emerge. In October of 1997, ing at another establishment. Too many sands of consumers, especially seniors, have for example, a pharmacist plead guilty to 21 times, inadequate benefits put people in des- found themselves affected by the price of pre- counts of fraudulent workers’ compensation perate straits, and they take desperate meas- insurance billing. The pharmacist increased scription drugs in this country. ures as a result. A system that leaves people Studies that have been conducted by the his revenues by up to 500% per prescription in poverty invites abuse. on more than $600,000 of drugs sold over a The presumption of widespread malinger- minority staff of the Government Reform and four year period. ing and dishonesty undercuts any meaning- Oversight Committee for several Members of Insult Added to Injury ful discussion of the adequacy of benefits and Congress, including myself, over the last sev- Because of the assumption of widespread provides a convenient response for those op- eral months. These studies have shown the claimant fraud, injured workers who file a posed to the benefit increases that are so prices seniors and other consumers are E2060 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 charged are significantly higher than what amount. It is also wrong that seniors have to Also, I am a proud sponsor of the Prescrip- pharmaceutical companies charge their fa- travel hundreds of miles for medication, they tion Drug Fairness Act, by Congressman vored customers such as HMOs, insurance need, often just to stay alive. ALLEN and Congressman BERRY. companies and the Federal Government. f The Prescription Drug Fairness for Seniors Because of this price gouging, seniors Act protects senior citizens from drug price across the country are gathering their friends PRESCRIPTION DRUG PRICING discrimination and makes prescription drugs and traveling to other countries such as Mex- available to Medicare beneficiaries at reduced ico and Canada to purchase prescription HON. PATRICK J. KENNEDY prices. drugs because to buy them in our own coun- OF RHODE ISLAND The legislation is a ``win-win'' bill because it try, is just too expensive. Why not go some- IN THE HOUSE OF REPRESENTATIVES allows pharmacies that serve Medicare bene- where else when you can pay a lower price Friday, October 9, 1998 ficiaries to purchase prescription drugs at the somewhere else? Mr. KENNEDY of Rhode Island. Mr. Speak- low prices available under the Federal Supply Here's the realityÐprescription drug prices er, I want to thank Congressman ALLEN and Schedule. The legislation has been estimated are higher in the United States than they are Congressman BERRY for their work in organiz- to reduce prescription drug prices for seniors in neighboring countries. According to the ing today's special order. by over 40 percent. General Accounting Office (GAO), prescription As we are hearing today, many seniors are It is time that we help alleviate the burden drugs in the U.S. were priced about 34 per- unable to afford the cost of prescription drugs on our nation's seniors and become account- cent higher than the same products in Can- due to a lack of insurance coverage and ex- able for rising drug costs. It is only fair that we ada. cessive drug price inflation. end the need to make choices between a The average price for products sold in the Ninety percent of Americans over 60 years good nutrition and shelter or critical medica- U.S. was $45.17, ranging from $2.35 (for or older take one or more medications. The tion. Deltasone, 5 mg. tablets) to $304.32 (for PCE, days when someone only takes one drug a f 333 mg. tablets). The average price for the day are long gone. Today's seniors take three PRESCRIPTION DRUG PRICING same products sold in Canada was $33.78, or four drugs a day at least. At the same time, ranging from $1.29 (for Deltasone) to $211.98 45 percent of seniors, age 65 and older, do (for PCE). The comparisons were based on not have prescription drug coverage. HON. THOMAS H. ALLEN data collected from both countries for 121 pre- High drug costs, coupled with this lack of OF MAINE scription drugs in the same quantities for each coverage, often means making choices be- IN THE HOUSE OF REPRESENTATIVES product. tween groceries, heating oil, or prescription Friday, October 9, 1998 Also, the group Public Citizen conducted a drugs. How many of our constituents have had study of eight newly developed antidepressant to choose between buying certain foods at the Mr. ALLEN. Mr. Speaker, I am pleased to and antipsychotic medications. They found grocery store or buying high blood pressure join my colleagues to address a very serious that the prices for each of these eight drugs medicine? How many of them had to make problem, the high price of prescription drugs. were higher in the U.S. than they were in 17 sacrifices, just so they could buy their medi- We only have a few remaining days left in this other European and North American countries. cines? Congress. I would like to spend this time dis- That's every country looked at in the study. For three out of four seniors, prescription cussing the issues which matter to the Amer- The study showed that on average, Amer- drugs represent the highest out-of-pocket ican people such as HMO reform, reducing ican prices were twice as high as other coun- medical care cost; only long term care costs class size, and yes, improving the health and tries', and for individual comparisons with more. well being of our seniors. other countries, the American price was as The prices of the top selling prescription As I travel throughout the first district of much as six times higher. drugs have risen nearly four times the general Maine, people, particularly seniors, share their The consequences are that many individ- rate of inflation between 1985 and the early experiences regarding the high cost of pre- uals who need these new drugs, for financial 1990s. Meanwhile, the Federal Government scription drugs. reasons, are not getting the treatment they and the taxpayer spends billions of dollars to The high cost of prescription drugs is par- need. help find drugs to treat the diseases of our ticularly difficult for seniors, who use one third GAO says the reason for this differential in generation: cancer, Alzheimers, high blood of all prescriptions. While the average Amer- the drug prices in the two countries is because pressure, diabetes, and other chronic condi- ican under 65 uses only four prescriptions a Canadian law controls prices of both new tions. year, the average senior uses 14 prescriptions drugs entering its market and any increases in The industry must do their share as well, a year. Furthermore, most older Americans prices of pharmaceuticals already on the mar- and so far they are not doing enough. The suffer from more than one chronic condition, ket. pharmaceutical industry is the most profitable such as hypertension, diabetes, arthritis, glau- If the manufacturers see profits in countries industry in the world. In FY 96, it made over coma and circulatory problems. with price controls and/or government pur- $106 billion in sales and revenues and $16.2 Medicare does not provide prescription drug chasing plans, why do they charge higher billion in sheer profits. coverage, so many seniors do not have pre- prices elsewhere? One example of the profits made in the scription drug coverage and must incur these When consumers in one area cannot buy in pharmaceutical industry is from the drug expenditures out-of-pocket. another, the seller may be able to increase its TAXOL. TAXOL is an anti-cancer drug that To bring attention to some of the above profits by engaging in what economists call treats breast, lung, and ovarian cancers. It mentioned problems, and to consider appro- price discrimination. That is what is going on makes $800 million in profits annually. The priate action, I have joined my colleagues, in our country, pure and simple, price discrimi- NIH budget supplied $32 million of the money Representative MARION BERRY and Represent- nation. And what this price discrimination needed to research this drug. Furthermore, a ative JIM TURNER in establishing the Prescrip- amounts to is our seniors are being ripped off. cancer patient taking TAXOL may pay in ex- tion Drug Task Force. Mr. Speaker, if someone were going around cess of $100,000, while the cost to the phar- Last June I requested that the Government stealing from seniors in your town or city, maceutical company that manufacturers this Reform and Oversight Committee investigate stealing right out of their homes and their drug is only about $500 per patient. We pay whether pharmaceutical companies are taking pockets, people would be outraged. The police for the development of these medications, and advantage of older Americans through price would be called and those thieves would be then pay high prices for their use. discrimination, and, if so, whether this is part arrested. Then why are we allowing the phar- The bill that I introduced this spring with two of the explanation for the high drug prices maceutical companies to rob our seniors? Isn't of my colleagues, Republican Congressman being paid by older Americans. price discrimination the same thing? TOM CAMPBELL of California and Independent According to a recent Standard & Poor's re- We try to allow people to live longer, but Congressman BERNIE SANDERS of Vermont, port on the pharmaceutical industry, then when a doctor prescribes a drug, the gets at both the need for seniors' prescription ``drugmakers have historically raised prices to senior can't take it because they can't afford drug coverage and the rising costs of these private customers to compensate for the dis- it. medicines. The bill, called Making Affordable counts they grant to managed care compa- We live in the richest country in the world Prescriptions for Seniors Act, will provide up to nies. This practice is known as `cost shifting.' '' but we allow people to starve, go without heat, $500 of such assistance, for any legally mar- I understand that this is the first study which and only take half of their medicine because keted prescription drug that is safe and effec- attempts to quantify the extent of price dis- they can't afford to take the prescribed tive according to the FDA. crimination and how it affects seniors. CONGRESSIONAL RECORD — Extensions of Remarks E2061 The study investigated the prices of the 10 serious illnesses and chronic disabilities. Each and taking prescriptions drugs, understands brand name drugs with the highest sales to year, drug companies introduce new drugs first-hand the devastating impact that the high the elderly (Zocor, Prilosec, Fosamax, that restore the health, extend the life expect- cost of medication can have on the health and Norvasc, Relafen, Procardia XL, Cardizem ancy and improve the quality of life for people. well-being of seniors. CD, Zoloft, Vasotec & Ticlid). However, these contributions are not a license As we all know, with age comes a greater The study estimates the differential between for profiteering and price gouging. susceptibility to health problems. As such, it is the price charged to the drug companies' most The problems outlined in these reports, are no surprise that: on average Americans over favored customers, such as large insurance not simply a series of numbers and charts and the age of 65 spend three times as much of companies and HMOs, and the price charged dollar amounts. These problems affect real their income (over 20%) on health care than to seniors. The results are based on a survey people, everyday, in Maine and throughout the Americans under the age of 65; 75% of Ameri- of retail prescription drug prices in chain and nation. cans 65 and older take prescription drugs; on independently owned drug stores in the first Recently, I joined several of my colleagues average older Americans take 2.4 prescription district of Maine. to introduce H.R. 4627, the Prescription Drug drugs at any one time; and even though older These prices are compared to the prices Fairness for Seniors Act. When we introduced Americans only comprise 12% of the popu- paid by the drug companies most favored cus- the bill we were joined by one of my constitu- lation, they take 33% of the nation's prescrip- tomers. Then, for comparison purposes, the ents, Vi Quirion. tion drugs. study estimates the differential between retail Vi traveled from Maine to Washington to One would think that since older Americans prices and prices for favored customers for speak not only of her difficulties, but also of make-up such a large segment of the market other consumer items. those of her friends and neighbors. Vi has ar- for prescription drugs that they would pay rea- This study has since been conducted in a thritis and stomach troubles. She lives on sonable prices for their medication. number of congressional districts across the about $900 per month from Social Security Unfortunately, that is not the case. Rather country. This is clearly a problem not only in and cannot afford supplemental coverage for due to a pharmaceutical industry practice MaineÐbut nationwide. A national report sum- her prescriptions. known as ``cost-shifting'' and the limited pow- marizing the investigations in our districts has Vi, like many seniors, cuts back on her ers of seniors, they get the short end of the been completed. I would like to take a few medication or does not take it at all. As she stick compared to HMO's and other ``most fa- moments to share some of the findings of the said: ``I can't afford to pay my prescriptions vored customers'' when it comes to the cost of national report. and gas and eat too. If I don't take Relafen it drugs. Older Americans and others who pay for won't kill me, but it will certainly change my For example, studies conducted by the Gov- their own drugs are charged far more for their life. I won't be able to walk. We should not ernment Reform & Oversight Committee of prescription drugs than are the drug compa- have to live like that.'' Congressional districts across the nation (see nies' most favored customers, such as large It was for Vi and those like her that we intro- Attachment ``Prescription Drug Pricing in the insurance companies and health maintenance duced the Prescription Drug Fairness for Sen- 9th Congressional District in Tennessee, Drug organizations. iors Act. No older American should ever again Companies Profit at the Expense of Older A senior paying for his or her own prescrip- have to choose between buying the drugs pre- Americans'') shows that for commonly pre- tion drugs must pay, on average, almost twice scribed by their doctors and buying food for scribed drugs, seniors on average pay be- as much for the drugs as the drug companies' their tables or heat for their homes. favored customers. This unusually large price tween 96%±104% more than ``most favored The legislation achieves these goals by al- customers.'' Back home in my Congressional differential is approximately four times greater lowing pharmacies that serve Medicare bene- than the average price differential for other District, seniors who have suffered a stroke or ficiaries to purchase prescription drugs at the have high blood pressure or depression, can consumer goods. The average price differen- low price available under the federal supply tial for the ten prescription drugs used in this pay anywhere from $110±$275 for their pre- schedule through the Secretary of the Depart- scription medication. For the senior in my Dis- study was 86 percent, while the average price ment of Health and Human Services. The leg- differential for the other items was only 22 per- trict that is taking the national average of 2.4 islation has been estimated to reduce pre- prescription drugs, that means a medication cent. scription drug prices for seniors by over 40 Other drugs commonly used by seniors that bill of: at least $264 a month or $3,168 a year; percent. are not among the top ten have even higher or at most $633 a month or $7,600 a year. I understand that Pharmaceutical Research No matter how you cut it, these prices and price differentials. For example, an equivalent and Manufacturers of America President Alan dose of Synthroid, a commonly used hormone the discrepancy in cost between what seniors Homer recently said: ``the well-meaning efforts treatment, would cost the favored customers and HMOs pay is fundamentally unfair and of the bill's sponsors unfortunately are likely to only $1.75, but would cost the average senior must come to an end. In my view, if anything, backfire on America's seniors. In a very real almost $30.00! This is a price differential of seniors and not HMOs should be the ``most fa- sense, this bill is a dagger pointed at the 1,603 percent! vored customers'' of pharmaceutical compa- The high price of prescription drugs is not hearts of America's senior citizens.'' nies. This quote comes from an industry whose the fault of our pharmacists. Pharmacies have Fortunately, thanks to the leadership of my annual profits of the top ten drug companies relatively small markups for prescription colleagues JIM TURNER and TOM ALLEN, we is nearly $20 billion. Pharmaceuticals rank as drugsÐsomewhere between 3±22 percent. now have legislationÐthe Prescription Drug the number one industry in return in revenues Large pharmaceutical companies drive up the Fairness Act and the Prescription Drug Fair- prices. Drug manufacturers make six times and return on assets. Yes, pharmaceuticals ness for Seniors ActÐdesigned to help level more profit on prescriptions than retail phar- rate well above the telecommunications and the playing field when it comes to the cost of macies. computer industries. prescription drugs. Under these measures, the A recent lawsuit alleged that pharmaceutical It is time to level the playing field and stop price of medication for seniors will be reduced, companies have created a dual price system this price discrimination. It is time to put sen- among other ways, by: providing Medicare of drug distribution. Drug companies give dis- iors' lives ahead of pharmaceutical profits. beneficiaries with a drug benefit card that will counts to the big managed care companies Support the Prescription Drug Fairness for entitle the holder to purchase drugs at re- and HMOs, while charging higher prices to Seniors Act. duced prices from participating pharmacies; independent drugstores and pharmacy chains. f and allowing pharmacies to purchase drugs at Four of the pharmaceutical companies chose PRESCRIPTION DRUG PRICING the same lower price as the Federal Govern- to settle for $350 million. Other cases are still ment, thus allowing pharmacies to pass the pending. HON. HAROLD E. FORD, JR. savings on to seniors. Drug companies make unusually high profits As Congress continues in the weeks and OF TENNESSEE compared to other companies. The average months ahead to discuss and debate the IN THE HOUSE OF REPRESENTATIVES manufacturer of brand name consumer goods, scope and nature of health care reform, it is such as Proctor & Gamble of Colgate- Friday, October 9, 1998 critically important that we take the time to Palmalive, has an operating profit margin of Mr. FORD. Mr. Speaker, at its core, the confront issues like thisÐissues that affect the 10.5 percent. Drug manufacturers, however, issue we are discussing todayÐthe astronomi- ability of millions of Americans to receive qual- have an operating profit margin of 28.7 per- cally high prices seniors pay for prescription ity health care in an efficient and cost effective centÐnearly three times greater. drugsÐis about fairness. manner. Unquestionably, pharmaceuticals have im- Anyone in America who has older relatives As a public policy maker at the federal level, proved the lives of millions of people with very or friends who are living on a fixed income I believe Congress has a responsibility to help E2062 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 protect seniorsÐwho because of their press- their prescription drugs than are the drug A. Methodology companies’ most favored customers, such as ing health needs and limited incomes are par- This study investigates the pricing of the ticularly vulnerableÐfrom the unreasonably large insurance companies and health main- tenance organizations. The findings show ten brand name prescription drugs with the high costs of prescription drugs. that a senior citizen in Mr. Ford’s district highest sales to the elderly. It estimates the The Prescription Drug Fairness Act and the paying for his or her own prescription drugs differential between the price charged to the Prescription Drug Fairness for Senior Act are must pay, on average, over twice as much for drug companies’ most favored customers, designed to accomplish just that. the drugs as the drug companies’ favored such as large insurance companies and PRESCRIPTION DRUG PRICING IN THE 9TH CON- customers. The study found that this is an HMOs, and the price charged to seniors. The GRESSIONAL DISTRICT IN TENNESSEE DRUG unusually large price differential—more results are based on a survey of retail pre- COMPANIES PROFIT AT THE EXPENSE OF than five times greater than the average scription drug prices in chain and independ- price differential for other consumer goods. OLDER AMERICANS ently owned drug stores in Mr. Ford’s con- It appears that drug companies are en- gressional district in Tennessee. These prices EXECUTIVE SUMMARY gaged in a form of ‘‘discriminatory’’ pricing are compared to the prices paid by the drug This staff report was prepared at the re- that victimizes those who are least able to companies’ most favored customers. For quest of Rep. Harold E. Ford, Jr. of Ten- afford it. Large corporate and institutional nessee. In Mr. Ford’s district, as in many customers with market power are able to comparison purposes, the study also esti- other congressional districts around the buy their drugs at discounted prices. Drug mates the differential between prices for fa- country, older Americans are increasingly companies then raise prices for sales to sen- vored customers and retail prices for other concerned about the high prices that they iors and others who pay for drugs themselves consumer items. pay for prescription drugs. Mr. Ford re- to compensate for these discounts their fa- B. Findings quested that the minority staff of the Com- vored customers. mittee on Government Reform and Oversight Older Americans are having an increas- The study finds that: investigate this issue. ingly difficult time affording prescription Numerous studies have concluded that drugs. By one estimate, more than one in Older Americans in Tennessee pay inflated many older Americans pay high prices for eight older Americans has been forced to prices for commonly used drugs. For the ten prescription drugs and have a difficult time choose between buying food and buying med- drugs investigated in this study, the average paying for the drugs they need. This study, icine. Preventing the pharmaceutical indus- price differential in Mr. Ford’s district was the first of its kind in Tennessee, presents try’s discriminatory pricing—and thereby re- 115% (Table 1). This means that senior citi- new and disturbing evidence about the cause ducing the cost of prescription drugs for sen- zens and other individuals who pay for their of these high prices. The findings indicate iors and other individuals—will improve the own drugs pay more than twice as much for that older Americans and others who pay for health and financial well-being of millions of these drugs than do the drug companies’ their own drugs are charged far more for Americans. most favored customers. TABLE 1: AVERAGE RETAIL PRICES FOR THE BEST-SELLING DRUGS FOR OLDER AMERICANS IN TENNESSEE ARE TWICE AS HIGH AS THE PRICES THAT DRUG COMPANIES CHARGE THEIR MOST FAVORED CUSTOMERS

Price dif- Retail ferential for Price for fa- Prices for Tennessee Prescription drug Manufacturer Use vored cus- Tennessee senior citi- tomers senior citi- zens (per- zens cent)

Ticlid ...... Hoffman-LaRoche ...... Stroke ...... $33.57 $120.02 258 Zocor ...... Merck ...... Cholesterol ...... 42.95 111.05 159 Prilosec ...... Astra/Merck ...... Ulcers ...... 58.38 118.97 104 Norvasc ...... Pfizer Inc...... High Blood Pressure ...... 58.83 118.02 101 Procardia XL ...... Pfizer Inc...... Heart Problems ...... 67.35 133.07 98 Relafen ...... Smithkline Beecham ...... Arthritis ...... 62.58 122.76 96 Vasotec ...... Merck ...... High Blood Pressure ...... 56.08 109.32 95 Fosamax ...... Merck ...... Osteoporosis ...... 31.86 58.28 83 Zoloft ...... Pfizer, Inc...... Depression ...... 123.88 220.10 78 Cardizem CD ...... Hoechst Marrion Roussel ...... Angina/Hypertension ...... 99.36 175.02 76 Average price differential ...... 115

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

Retail Price dif- ferential for Prices for prices for Tennessee Prescription drug Manufacturer Use favored Tennessee senior citi- customers senior citi- zens (per- zens cent)

Synthroid ...... Knoll Pharmaceuticals ...... Hormone treatment ...... $1.78 $28.69 1512 Micronase ...... Upjohn ...... Diabetes ...... 6.89 48.33 601

Price differentials are far higher for drugs ferential for other items was only 22%. Com- nessee pharmacies appear to have relatively than they are for other goods. This study pared to manufacturers of other retail items, small markups between the prices at which compared drug prices at the retail level to pharmaceutical manufacturers appear to be they buy prescription drugs and the prices at the prices that the pharmaceutical industry engaging in significant price discrimination which they sell them. The retail prices in gives its most favored customers, such as against older Americans and other individual Tennessee are 8% above the published na- large insurance companies and HMOs. Be- consumers. cause these customers typically buy in bulk, Pharmaceutical manufacturers, not drug tional Average Wholesale Price. The dif- some difference between retail prices and stores, appear to be responsible for the dis- ferential between retail prices and a second ‘‘favored customer’’ prices would be ex- criminatory prices that older Americans pay indicator of pharmacy costs, the prices from pected. The study found, however, that the for prescription drugs. In order to determine one wholesaler, is only 27%. This indicates differential was much higher for prescription whether drug companies or retail pharmacies that it is drug company pricing policies that drugs than it was for other consumer items. were responsible for the high prices being appear to account for the inflated prices The study compared the price differential for paid by seniors in Mr. Ford’s congressional charged to older Americans and other cus- prescription drugs to the price differentials district, the study compared average whole- tomers. on a selection of other consumer items. The sale prices that pharmacies pay for drugs to average price differential for the ten pre- the prices at which the drugs are sold to con- scription drugs was 115%, while the price dif- sumers. This comparison revealed that Ten- CONGRESSIONAL RECORD — Extensions of Remarks E2063

I. THE VULNERABILITY OF OLDER AMERICANS TO veyed reported that they were forced to The FSS is a price catalog containing HIGH DRUG PRICES choose between buying food and buying med- goods available for purchase by federal agen- This report focuses on a continuing, criti- icine.9 By another estimate, five million cies. Drug prices on the FSS are negotiated cal issue facing older Americans—the cost of older Americans are forced to make this dif- by the Department of Veterans Affairs. The their prescription drugs. Numerous surveys ficult choice.10 Prices on the FSS closely approximate the and studies have concluded that many older II. ARE DRUG COMPANIES EXPLOITING THE prices that the drug companies charge their Americans pay high costs for prescription VULNERABILITY OF OLDER AMERICANS? most favored nonfederal customers. Accord- drugs and are having a difficult time paying Rep. Harold E. Ford, Jr. of Tennessee ing to the U.S. General Accounting Office for the drugs they need. The cost of prescrip- asked the minority staff of the Committee (GAO), ‘‘[u]nder [General Services Adminis- tion drugs is particularly important for older on Government Reform and Oversight to in- tration] procurement regulations, VA con- Americans because they have more medical vestigate whether pharmaceutical manufac- tract officers are required to seek an FSS problems, and take more prescription drugs, turers are taking advantage of older Ameri- price that represents the same discount off a than the average American. This situation is cans through price discrimination, and if so, drug’s list price that the manufacturer offers its exacerbated by the fact that the Medicare whether this is part of the explanation for most-favored nonfederal customer under com- program, the main source of health care cov- the high drug prices being paid by older parable terms and conditions.’’ 14 Thus, in erage for the elderly, fails to cover the cost Americans in his congressional district. This this study, FSS prices are used to represent of most prescription drugs. report presents the results of this investiga- the prices drug companies charge their most According to the National Institute on tion. favored customers. Aging, ‘‘as a group, older people tend to have Industry analysis have recognized that D. Determination of Prices Paid by Pharmacies more long-term illnesses—such as arthritis, price discrimination occurs in the prescrip- The survey also looked at two other pric- diabetes, high blood pressure, and heart dis- tion drug market. According to a recent ing indicators: (1) the Average Wholesale ease—than do younger people.’’ 1 Other Standard & Poor’s report on the pharma- Price (AWP) and (2) the prices charged phar- chronic disease which disproportionately af- ceutical industry, ‘‘[d]rugmakers have his- macies by a large drug wholesaler. These two fect older Americans include depression and torically raised prices to private customers prices provide an indicator of the extent of neurodegenerative diseases such as Alz- to compensate for the discounts they grant markups that are attributable to the phar- heimer’s disease, Lou Gehrig’s disease, and to managed care customers. This practice is macy (in contrast to those that are due to Parkinson’s disease.* known as ‘cost shifting .’’’11 Under this prac- the drug manufacturer). The AWP is an aver- According to the American Association of tice, ‘‘drugs sold to wholesale distributors age of prices charged by the drug wholesalers Retired Persons, older Americans spend al- and pharmacy chains for the individual phy- to retail pharmacies. The AWP prices were most three times as much of their income sician/patient are marked at the higher end obtained from the 1997 Drug Topics Red (21%) on health care than do those under the of the scale.’’12 Book. 15 As another measure of wholesale age of 65 (8%), and more than three-quarters Although industry analyses acknowledge prices, the study used the wholesale prices of Americans aged 65 and over are taking that price discrimination occurs, they have charged pharmacies by McKesson, the 2 prescription drugs. not estimated its degree or impact. This re- world’s largest wholesaler. The average older American takes 2.4 pre- port, prepared at Mr. Ford’s request, is the scription drugs.3 More importantly, older first attempt to quantify the extent of price E. Determination of Drug Dosages Americans take significantly more drugs on discrimination and its impact on senior citi- When comparing prices, the study used the average than the under-65 population.4 It is zens in Tennessee. same criteria (dosage, form, and package estimated that the elderly in the United The study design and methodology used to size) used by the GAO in its 1994 report, Pre- States, who make up 12% of the population, test whether drug companies are discrimi- scription Drugs: Companies Typically use one-third of all prescription drugs.5 nating against older Americans in their pric- Charge More in the United States Than in Although the elderly have the greatest ing are described in part III. The results of Canada. For drugs that were not included in need for prescription drugs, they often have the study are described in part IV. These re- the GAO report, the study used the dosage, the most inadequate insurance coverage for sults show that drug manufacturers appear form, and package size common in the years the cost of these drugs. A 1996 AARP survey to be engaged in substantial price discrimi- 1994 through 1997, as indicated in the Drug indicated that 37% of older Americans do not nation against older Americans and other in- Topics Red Book. have insurance coverage for prescription dividuals who must pay for their own pre- F. Comparison of Price Differentials for Other drugs.6 As a result, many older Americans— scription drugs. Drug manufacturers’ profit- Retail Items a large percentage of whom live on a limited, ability is discussed in part V. In order to determine whether the differen- fixed income—are forced to pay the full, out- III. METHODOLOGY tial between FSS prices and retail prices for of-pocket expense of prescription drugs. A. Selection of Drugs for this Survey drugs commonly used by older Americans is The primary reason for this burden is that, This survey is based primarily on a selec- unusually large, the study compared the pre- with the exception of drugs administered tion of the ten patented, nongeneric drugs scription drug price differentials to price dif- during in-patient hospital stays. Medicare with the highest annual sales to older Amer- ferentials on other consumer products. To generally does not cover prescription drugs. icans in 1997. The list was obtained from the make this comparison, a list of consumer While Medicare managed care plans may Pennsylvania Pharmaceutical Assistance items other than drugs available through the offer optional prescription drug coverage, Contract for the Elderly (PACE). The PACE FSS was assembled. FSS prices were then they are available only as an option subject program is the largest out-patient prescrip- compared with the retail prices at which the to the discretion and fiscal priorities of the tion drug program for older Americans in the items could be bought at a large national health plans. Moreover, these Medicare man- United States for which claims data is avail- chain. 16 aged plans currently serve only a small por- able and is used in this study, as well as by tion of the Medicare population. IV. DRUG COMPANIES CHARGE OLDER AMERICANS several other analysts, as a proxy database Although Medicare beneficiaries can pur- DISCRIMINATORY PRICES for prescription drug usage by all older chase supplemental ‘‘Medigap’’ insurance A. Discrimination in Drug Pricing Americans. In 1997, over 250,000 persons were privately, these policies are often prohibi- enrolled in the program, which provided over For the ten patented, nongenetic drugs tively expensive or inadequate. For example, $100 million of assistance in filling over 2.8 most commonly used by seniors, the average one of the standardized Medigap policies million prescriptions. 13 differential between the price that would be available provides only a $3,000 drug benefit, paid by a senior citizen in Mr. Ford’s con- B. Determination of Average Retail Drug Prices while still leaving beneficiaries vulnerable to gressional district and the price that would for Seniors in Tennessee a high deductible and to paying at least half be paid by the drug companies’ most favored of their total drug cost.7 In order to determine the prices that the customers was 115% (Table 1). The study Medicare beneficiaries without public or elderly are paying for prescription drugs in thus showed that the average price that private prescription drug coverage are the Tennessee, the minority staff and the staff of older Americans and other individual con- group most at risk of high out-of-pocket pre- Mr. Ford’s congressional office conducted a sumers in Mr. Ford’s district pay for these scription drug costs. According to the Senate survey of ten pharmacies in Mr. Ford’s con- drugs in more than double the price paid by Special Committee on Aging, this group in- gressional district. Mr. Ford represents Ten- the drug companies’ favored customers, such cludes those ‘‘who are not poor enough to re- nessee’s 9th Congressional District, located as large insurance companies and HMOs. ceive Medicaid, do not have employer-based in Memphis. For individual drugs, the price differential retiree prescription drug coverage, and can- C. Determination of Prices for Drug Companies’ was even higher. Among the ten best selling not afford any other private prescription Most Favored customers drugs, the highest price differential was 258% drug insurance plans.’’8 Drug pricing is complicated and drug com- for Ticlid, a stroke treatment manufactured The high costs of prescription drugs, and panies closely guard their pricing strategies. by Hoffman-LaRoche. Zocor, a cholesterol- the lack of insurance coverage, directly af- The best publicly available indictor of the reducing drug manufactured by Hoffman- fect the health and welfare of older Ameri- prices companies charge their most favored LaRoche, had a price differential of 159%. cans. In 1993, 13% of older Americans sur- customers, such as large insurance compa- For other popular drugs, the study found nies and HMOs, is the Federal Supply Sched- even greater price differentials. The drug *Footnotes appear at end of article. ule (FSS). with the highest price differential was E2064 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998

Synthroid, a commonly used hormone treat- ferential for other consumer goods. This in- V. DRUG MANUFACTURER PROFITABILITY ment manufactured by Knoll Pharma- dicates that a volume effect is unlikely to ceuticals. For this drug, the price differen- explain the large differential in prescription Drug industry pricing strategies have tial for senior citizens in Tennessee was drug pricing. boosted the industry’s profitability to ex- 1,512%. An equivalent dose of this drug would C. Drug Company Versus Pharmacy Respon- traordinary levels. The annual profits of the cost the most favored customers only $1.78 sibility top 10 drug companies is nearly $20 billion.19 but would cost the average senior citizen in Finally, the study sought to determine Moreover, the drug companies make unusu- Tennessee $28.69. for Micronase, a diabetes whether drug companies or retail pharmacies ally high profits compared to other compa- treatment manufactured by Upjohn, the were responsible for the high prices being nies. The average manufacturer of branded price differential was 604%. paid by older Americans. To do this, the consumer goods, such as Proctor & Gamble Every drug looked at in this study had a study compared the average wholesale prices or Colgate-Palmolive, has an operating prof- large price differential. Eight of the ten best- that pharmacies pay for drugs to the prices it margin of 10.5%. Drug manufacturers, selling drugs had price differentials of over at which the drugs are sold to consumers. however, have an operating profit margin of 80%. Four of the ten drugs had price differen- This comparison revealed that pharmacies 28.7%—nearly three times greater.20 tials over 100%. Cardizem CD, the drug with appear to have relatively small markups be- These high profits appear to be directly the lowest markup, still had a differential of tween the prices at which they buy prescrip- linked to the pricing strategies observed in 76%. tion drugs and the prices at which they sell this study. For instance, Merck, the coun- B. Comparison With Other Consumer Goods them. The study found that the average re- tail price for the ten most common drugs try’s largest pharmaceutical manufacturer, The study also analyzed whether the large was only 8% higher than the published na- had an increase in profits of 15% to 18% in differentials in prescription drug pricing tional Average Wholesale Price, and only the second quarter of 1998. According to in- could be attributed to a volume effect. The 27% higher than the price available directly dustry analysts, Merck’s increased profits drug companies’ most favored customers, from one large wholesaler. This finding indi- were due in large part to sales of Zocor and such as large insurance companies and cates that it is drug company pricing poli- Fosamax.21 Both of these drugs are sold at HMOs, typically buy large volumes of drugs. cies, not retail markups, that account for large price differentials to seniors and other Thus, it could be expected that there would the inflated prices charged to older Ameri- individual consumers in Mr. Ford’s district. be differences between the prices charged the cans and other individual customers. These Zocor, which is sold in Mr. Ford’s district at most favored customers and retail prices. findings are consistent with other experts a price differential of 159%, itself accounts The study found, however, that the differen- who have concluded that because of the com- for 6% of Merck’s revenue.22 tials in prescription drug prices were much petitive nature of the pharmacy business at greater than the differentials in prices for the retail level, there is a relatively small Overall, profits for the major drug manu- other consumer goods. The study found that, profit margin for retail pharmacists.17 facturers are expected to grow by about 20% in the case of other consumer goods, the av- Moreover, the study found few differences in 1998, compared to 5% to 10% for other erage differential between retail prices and between retail prices at pharmacies in dif- companies on the Standard & Poors Index. the prices charged most favored customers, ferent parts of Mr. Ford’s district. Further, The drug manufacturers’ profits are expected such as large corporations and institutions, although there were variations in prices be- to grow by up to an additional 25% in 1999.23 was only 22%. The average price differential tween chain and independent pharmacies, According to one analyst, ‘‘the prospects for in the case of prescription drugs was more these differences were small and not system- the pharmaceutical industry are as bright as than five larger than the average price dif- atic.18 they’ve even been.’’ 24. APPENDIX A.—INFORMATION ON PRESCRIPTION DRUGS ANALYZED IN THIS STUDY

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

Ticlid ...... 250 mg, 60 tablets ...... Stroke ...... $33.57 $99.44 $108.90 $120.02 258 Zocor ...... 5 mg, 60 tablets ...... Cholesterol reducer ...... 42.95 85.47 106.84 111.05 159 Norvasc ...... 5 mg, 90 tablets ...... Blood pressure ...... 58.83 97.92 125.66 118.02 101 Relafen ...... 500 mg, 100 tablets ...... Arthritis ...... 62.58 88.88 111.10 122.76 96 Prilosec ...... 20 mg, 30 capsules ...... Ulcer ...... 58.38 99.20 108.90 118.97 104 Procardia XL ...... 30 mg, 100 tablets ...... Heart ...... 67.35 105.05 131.31 133.07 98 Fosamax ...... 10 mg, 30 tablets ...... Osteoporosis ...... 31.86 50.91 51.88 58.28 83 Vasotec ...... 10 mg, 100 tablets ...... Blood pressure ...... 56.08 85.56 102.94 109.32 95 Cardizem CD ...... 240 mg, 90 tablets ...... Angina ...... 99.36 154.10 165.42 175.02 76 Zoloft ...... 50 mg, 100 tablets ...... Depression ...... 123.88 172.44 215.55 220.10 78 Average price differential ...... 115

APPENDIX B.—THE 10 TOP SELLING PATENTED, NON- APPENDIX C.—PRICE COMPARISONS FOR NON- 7 Families USA Foundation, Worthless Promises: Drug Companies Keep Boosting Prices, 6 (March GENERIC DRUGS FOR SENIORS RANKED BY TOTAL DOL- PRESCRIPTION DRUG ITEMS—Continued 1995). LAR SALES 8 Senate Report 36, supra note 4, at 122. Differen- 9 Families USA Foundation, supra note 7, at 6. Rank Drug Manufacturer Indication FSS Retail tial 10 Senate Special Committee on Aging, A Status Item price price (per- cent) Report—Accessibility and Affordability of Prescrip- 1 Prilosec ...... Astra/Merck ...... Ulcer. tion Drugs For Older Americans, S. Rep. 100, 102d 2 Norvasc ...... Pfizer, Inc ...... High Blood Pres- Cong., 2d Sess. 2 (1992). sure. Scissors ...... 10.88 12.99 19 11 Herman Saftlas, Standard & Poor’s, Healthcare: 3 Zocor ...... Merck ...... Cholesterol reduc- Pencils, #2, 20-pack ...... 1.03 1.26 22 tion Paper Towels ...... 22.94 29.98 31 Pharmaceuticals, Industry Surveys, 19–20 (December 4 Zoloft ...... Pfizer, Inc ...... Depression. Post-It Notes ...... 2.08 2.89 39 18, 1997). 5 Procardia XL ...... Pfizer, Inc ...... Heart Problems. Envelopes, 500, White, 20 lb. weight ...... 6.45 9.49 47 12 Id., at 19. 6 Vasotec ...... Merck ...... High Blood Pres- Correction Fluid, 18 ml., dozen ...... 6.66 9.99 50 13 Pharmaceutical Assistance Contract for the El- sure. Average price differential ...... 22 derly (‘‘PACE’’), Pennsylvania Department of Aging, 7 Cardizem CD ...... Hoechst Marion Angina. Annual Report to the Pennsylvania General Assem- Roussel. bly (January 1–December 31, 1997). 8 Ticlid ...... Hoffman-LaRoche ... Stroke. FOOTNOTES 14 U.S. General Accounting Office, Drug Prices: Ef- 9 Fosamax ...... Astra/Merck ...... Osteoporosis. 1 10 Relafen ...... Smithkline Beecham Arthritis. National Institute on Aging (NIA), NIA Age Page fects of Opening Federal Supply Schedule for Phar- (www.nih.gov/nia/health/pub/medicine.htm). maceuticals Are Uncertain (June 1997) (emphasis Source: Pharmaceutical Assistance Contract for the Elderly (‘‘PACE’’), 2 AARP Public Policy Institute and the Lewin added). Pennsylvania Department of Aging, Annual Report to the Pennsylvania Gen- Group, Out of Pocket Health Spending By Medicare 15 Medical Economics Company, Inc., 1997 Drug eral Assembly (January 1–December 31, 1997). Beneficiaries Age 65 and Older: 1997 Projections Topics Red Book. (February 1997). 16 The items were binder clips, rubber bands, toilet APPENDIX C.—PRICE COMPARISONS FOR NON- 3 AUS/ICR for the American Association of Retired paper, rolodexes, tape dispensers, wastebaskets, scis- PRESCRIPTION DRUG ITEMS Persons, National Pharmaceutical Council, and sors, pencils, paper towels, post-it notes, envelopes, Pharmaceutical Executive Magazine, Survey on Pre- and correction fluid. Differen- scription Drug Issues and Usage Among Americans 17 National Association of Chain Drug Stores, Did Aged 50 and Older, I (May 1996). You Know . . . (pamphlet) [citing financial data as- Item FSS Retail tial price price (per- 4 Senate Special Committee on Aging, Develop- sembled by Keller Bruner & Company, P.C., Cer- cent) ments in Aging: 1996, 1 S. Rep. 36, 105th Cong., 1st tified Public Accountants (1995)]. Sess. 121 (1997). 18 In 1993, independent pharmacies sued 19 drug Binder Clip, small, 1 box ...... $0.49 $0.49 0 5 Senate Special Committee on Aging, Develop- manufacturers, alleging that the differential be- Rubber Bands, 1 lb ...... 2.57 2.67 4 Toilet Paper, 96 Rolls ...... 44.74 47.98 7 ments in Aging: 1993, 1 S. Rep. 403, 103d Cong., 2d tween the prices charged most favored customers Rolodex, 500 cards ...... 13.24 14.29 8 Sess. 35 (1994). and the prices charged pharmacies violated anti- Tape Dispenser ...... 1.44 1.69 17 6 AARP Public Policy Institute and the Lewin trust laws. In 1996, 11 of these drug manufacturers Wastebasket, Plastic, 13 qt ...... 2.95 3.49 18 Group, supra note 1. agreed to settle with the pharmacies. Under this CONGRESSIONAL RECORD — Extensions of Remarks E2065 agreement, these pharmaceutical companies prom- prices for their needed medication. I've heard lars go to develop these drugs at NIH and ised to offer pharmacies the same price discounts as favored customers like large HMOs if the phar- from seniors in my state that they not only are again when they have to buy the medication. macies could show the same ability to move market paying a huge amount of their monthly income Here are some examples of how the tax- share as the favored customers. On July 13, 1998, for prescriptions, but that they don't know how payers are gouged by the pharmaceutical four additional drug manufacturers agreed to a set- they can deal with the prices that continue to companies: Taxol, a breast cancer treatment tlement under similar terms. Unfortunately, the results of this study cast doubt rise. drug, costs its manufacturer, Bristol Myers on whether these agreements are likely to end the And our seniors are somewhat lucky in Ver- Squibb, $500. Bristol Myers Squibb turns price discrimination practices of the large pharma- mont. There are two programs run by the around and charges $10,000 for that drug. ceutical companies. Eight of the ten most popular This drug makes the pharmaceutical company prescription drugs in this survey—Zocor, Norvasc, state that give low-income seniors help with Prilosec, Procardia XL, Relafen, Vasotec, Fosamax, paying for their prescription drugs. One pro- $1 million every day. In this decade, two mil- and Zoloft—are covered by the agreement reached in gram, V-HAP, is for very low-income seniors lion women will be diagnosed with breast can- 1996, and there is still large price discrimination for who earn too much for Medicaid. This pro- cerÐ1¤2 million of them will die. They are dying all of these drugs. Synthroid is also covered under because they do not have $10,000 for Taxol, the agreement, and this drug has a price differential gram allows seniors to pay just a few dollars of 1,512%. a month for their drugs. The other program, which would save thousands of lives. The reason for the continued high price differen- VScript, has a higher income threshold and Levamisole, which was sold by tials may be that, unlike hospitals or HMOs, phar- gives seniors with chronic illnesses a 50-per- Johnson&Johnson as an anti-worm drug for macies cannot control decisions made by doctors sheep at six cents a pill, was found to treat about what drugs to prescribe, and thus are unable cent discount on their prescriptions. And still, to demonstrate to the drug manufacturers that they many seniors either do not know about these colon cancer. With this discovery, can influence market share. The doubts raised by state programs, or they take advantage of Johnson&Johnson began charging $6 a pill, a this study are consistent with the observations of them and still find it difficult to pay for their 100-percent markup. Colorectal cancer killed other industry analysts, who note that ‘‘there is al- over 50,000 Americans in 1995. Again, sen- ready intense skepticism among retail buying drugs, even with the 50-percent discount! groups for independent drugstores about whether In two recent cases in Vermont, my con- iors are dying because they cannot afford the smaller independents will have the ability to stituents went to have their prescriptions re- these ridiculously expensive drugs to treat qualify for the potential windfall and pass the sav- filled and found that the price had more than their cancer. ings on to customers.’’ Wall Street Journal, Drug I hope that we can pass both pieces of leg- Makers Agree To Offer Discounts For Pharmacies, doubled in less than 2 months with no notice islation quicklyÐboth the seniors drug pricing July 15, 1998, p. B4, column 3. to them. This is ridiculous! One of the phar- 19 legislation and the NIH reasonable pricing See 1998 Fortune 500 Industry List macists even had the audacity to ridicule one (www.pathfinder.com/fortune500/indlist.html). clause legislationÐas many of my constituents 20 Paul J. Much, Houlihan Lokey Howard & Zukin, of my constituents when she became upset at have urged, so that no more seniors are Expert Analysis of Profitability (February 1988). the huge increase in price and wondered how 21 USA Today, Drugmakers Have Healthy Outlook forced out of their homes, or are forced to to pay for it. choose between food or medicine. This is dis- (July 20, 1998). Another of my constituents, Katherine Bent- 22 IMS America, Top 200 Drugs of 1997 (1998). graceful and we need to give seniors access 23 USA Today, supra note 22. ley, whose story is mentioned in my Vermont to their medication at a fair price. 24 Id., D1. report on seniors' drug prices, was unable to f f pay her electric bill because she was paying almost $600 per monthÐmore than half her PRESCIPTION DRUG PRICING PRESCRIPTION DRUG PRICING incomeÐfor her prescription drugs. This forced her out of her home and she still can- HON. JOHN F. TIERNEY HON. BERNARD SANDERS not afford all of her medication. Our seniors OF MASSACHUSETTS OF VERMONT deserve to be treated much, much better than IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES this. Friday, October 9, 1998 In recent years, many Members of Con- Friday, October 9, 1998 gress, including myself, have advocated hav- Mr. TIERNEY. Mr. Speaker, and I would first Mr. SANDERS. Mr. Speaker, I want to bring ing Medicare cover prescription drugs. I still like to thank my good friend from Maine, Tom attention to a crisis in our nation. Our seniors believe that this is a fair, solid proposal. How- Allen, for his work to end the gouging of prices are dying because they cannot afford the ever, why should the Federal Government for prescription drugs by pharmaceutical com- medication prescribed to them by their doc- take up the cost of this plan when the pharma- panies. We have heard horror stories about seniors tors. Either they don't take their medicine, or ceutical companies, with annual profits in the forgoing food, electricity or other necessities in they stop eating in order to save money to fill billions of dollars, which put them on the order to pay for their monthly medications. In their prescriptions. This is a travesty. Forbes 50 list annually, could and should offer I am pleased to join my colleagues in sup- some instances, seniors will choose one medi- the same discount to Medicare beneficiaries cation of the other, alternating each month, porting the Prescription Drug Fairness for Sen- as they offer to HMOs and insurance compa- because they simply cannot afford to be buy- iors Act, which will allow elderly Americans to nies? Who do we side with here? The multi- ing everything they need. We have seen the purchase their prescriptions at a lower and billion dollar pharmaceutical companies or profits of pharmaceutical companies skyrocket fairer price. Currently, many large groups, poor, sick, elderly Americans who need pre- to nearly $20 billion a year. And there profits such as HMOs, insurance companies, and scription drugs? It is only fair to allow Medi- will continue to grow, at the expense of our hospitals, purchase drugs at a reduced price care beneficiaries with their considerable buy- nation's seniors. It is time to end this cycle of from the pharmaceutical companies. These ing power, to get the same discount on their discrimination. are known as most favored customers. How- drugs as large corporations. In Massachusetts, we are fortunate to have ever, one group that makes up about one-third In addition to allowing seniors to purchase a number of safety nets in place to help sen- of the drug-buying market is left out of this dis- drugs at this reduced rate, another solution to iors with their prescription drug needs. Our countÐMedicare beneficiaries. providing lower-cost drugs for all Americans, state Medicaid system, MassHealth, protects The Prescription Drug Fairness for Seniors including the elderly, is to reinstate the rea- the poorest of the poor. Our State Pharmacy Act will give Medicare beneficiaries a drug sonable pricing clause at NIH. This provision Program provides up to $750 a year in pre- benefit card that they can use to purchase was repealed in 1995. It directed NIH to take scription drug coverage. The State Legislature prescription drugs at reduced prices from par- into account the cost that a pharmaceutical even passed a law in 1994 to require all Medi- ticipating pharmacies. The Government Re- company would charge future customers for a care HMO's to provide an optional prescription form and Oversight Committee estimates that drug before agreeing to issue a cooperative drug benefit. Approximately 75 percent of the seniors will be able to receive more than a 40- research and development agreement 211,000 beneficiaries in the state enrolled in percent discount. This will be a much-needed, (CRADA). I have introduced bipartisan legisla- Medicare HMO's benefit from this option. in fact, lifesaving, change for our nation's el- tion, along with Representatives ROHR- However, there are many who fall through derly citizens. ABACHER, CAMPBELL, and PATRICK KENNEDY, to the cracks and for reasons beyond their con- The average income for all seniors was reinstate this provision. The bill is H.R. 3758, trol, are not eligible for any federal or state as- $17,000 in 1996. However, that number plum- the Health Care Research and Development sistance. mets to only $13,000 per year for elderly and Taxpayer Protection Act. For example, Georgia LaPine from North women, or just over $1,000 per month. Many Let me detail how important the reasonable Andover, MA is a 74 year old retiree who is seniors pay at least one-half that amount for pricing clause is. Today, drug companies completely dependant on her monthly Social prescription drugs. It is absurd to charge those charge whatever they want for drugs. Tax- Security check. She is on numerous medica- individuals who can least afford it the highest payers get hit twiceÐonce when their tax dol- tions, including three different asthma inhalers, E2066 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 thyroid pills, nitroglycerine for a heart condi- 2263, a bill to confer the Congressional Medal Diego Magazine on their 50th anniversary by tion, and Lorazepam for her nerves. She can- of Honor on Colonel Theodore Roosevelt, I joining the residents of San Diego in proclaim- not afford to purchase all of these medications would have voted ``no''. To honor the former ing October 16th ``San Diego Magazine Day.'' each month. Subsequently, she was forced to President some 100 years after his alleged act The San Diego publication has earned a forgo her heart medication, and has had trou- of bravery during the battle of San Juan reputation for remaining on the forefront of ble affording groceries. Georgia tries to put Heights, Cuba, would be just another example issues which are important to San Diegans. It money aside each month to buy the medica- of how American history is constantly and er- is also known for articles which are always in- tion she needs, but each time she foregoes roneously revised. telligently written, witty, and never cynical or any medication or doesn't eat properly, he Common sense should dictate that if Mr. disparaging. Throughout the years, the maga- condition worsens. She constantly worries Roosevelt accomplished the great and valiant zine has remained a source of unbiased and about her monthly prescription requirements deeds of heroism that he (Mr. Roosevelt) comprehensive coverage of local news and and as a result, her asthma and anxiety prob- claims, then he would have been awarded the perspectives for its readers. lems have worsened. medal many years ago. If Roosevelt's popu- Since its debut in 1948, San Diego Maga- And it is not only the seniors who suffer. larity immediately following the Spanish Amer- zine has followed matters which are still rel- Thousands of independent pharmacies go out ican War played a major role in his being evant today such as: the improvement of the of business each year because they simply elected governor of New York and helped his downtown library; the San Diego airport which cannot afford to purchase certain drugs from many friends in the highest places of govern- was designed to grow to meet the needs of pharmaceutical companies. Pharmacists in my ment, why was he denied the honor? the city; the need for an efficient public trans- district care about their customers and have Roosevelt enlisted the aid of his political portation system, and the need for better city told me how painful it is to explain to a senior powerful friend, Senator Henry Cabot Lodge to planning in Mission Valley. In the last two dec- citizen why the medication that cost $15 last pursue the matter and still was rejected. The ades, the magazine has also published stories month now costs $65. But, if the pharmacy primary basis for the rejection was there were addressing San Diego's exponential growth as doesn't stock the medications, they will lose no eyewitnesses to Mr. Roosevelt's coura- a major business market, technology center, considerable business. geous actions. His superior officers, Generals and tourist destination. Jack Collins of Lynn Fells Pharmacy in Leonard Wood, Joseph Wheeler and William Fifty years of striving for excellence has Saugus, MA, stated ``They know that we will Shafter all submitted glowing endorsements of paid off for San Diego Magazine. Its recent expose them and their pricing policies . . . it's Roosevelt's ``distinguished gallantry'', but they sweep of 17 Press Club Awards for high ac- independent pharmacist who will take the time were viewed with little merit as none of them complishment in journalism, special publica- to explain to a senior citizen just how they are actually witnessed his alleged heroic charge. tions, and art direction has made it a standard being ripped off. We are their enemies and The only credible eyewitness was Roosevelt's upon which many other regional magazines they are detemined to eliminate us.'' He goes personal publicist, Richard Harding Davis, who are modeling their publications. on to say that, ``If you and your colleagues in accompanied Roosevelt to Cuba. Mr. Speaker, on behalf of my constituents, Congress don't stand up to this cartel and Hundreds of highly decorated units of black I extend my highest congratulations to San level the playing field on prescription pricing, soldiers were among the first to be sent to Diego Magazine on their Golden Anniversary. the people in this country paying cash for their Cuba in 1898 to fight in the Spanish American We look forward to many more years of for- medicines will continue to neglect filling their War, including the 9th and 10th Calvary and ward-thinking and entertaining articles which prescriptions, necessitating more hospital vis- the 24th and 25th Army Regiments. These he- beautifully reflect the character of the San its and further driving the cost of health care roic soldiers waged a furious battle, capturing Diego area. through the roof.'' It if becomes too late this session to act on El Caney and charging the enemy from the f legislation such as Mr. Allen's Prescription summit at San Juan Hill. Their acts of bravery enabled Colonel Roosevelt and his ``Rough LONG-TERM CARE PATIENT Drug Fairness for Seniors Act, I would urge PROTECTION ACT OF 1998 my colleagues on both sides of the aisle to Riders'' to win San Juan Hill the following day. make this a priority for the 106th Congress. According to an article which appeared in the Washington Times on February 8, 1991, ``Nei- HON. EDOLPHUS TOWNS This is not a partisan issue. Every district has OF NEW YORK seniors like Georgia LaPine and independent ther Col. Theodore Roosevelt, whose name is IN THE HOUSE OF REPRESENTATIVES pharmacists like Jack Collins. We constantly most commonly associated with the battle of talk about protecting seniors and helping small San Juan Hill, nor any other Roughrider Saturday, October 10, 1998 businesses. We simply cannot continue to pro- reached the summit before the black calvary''. Mr. TOWNS. Mr. Speaker, When a family vide pharmaceutical companies with research The Americans outnumbered the Spanish makes the difficult decision to place an aging and development funding and close our eyes militia 10 to 1, but the undermanned Spaniard relative in a nursing home, they trust the insti- to discriminatory pricing schemes that target troops fought fiercely from their concrete tution to care properly for their loved one. seniors, among others, or their exorbitant price blockhouses. American casualties were heavy. However, over the last few years, numerous increases. This legislation that we have intro- More than 200 were killed or injured. Five concerns have been raised about the quality duced would benefit seniors and pharmacies Negro soldiers won Congressional Medals of of care and standards within the nursing home by allowing them to purchase low-cost pre- Honor for bravery in the battle at El Caney industry. At a time when this industry is expe- scription drugs by taking advantage of the pur- and San Juan Hill. They were Dennis Bell, Ed- riencing explosive growth, I believe it is imper- chasing power of existing Federal Supply ward Baker, Fitz Lee, William Thomkins and ative that Congress institute safeguards to Schedule prices. George Wanton. Secretary of the Navy, Frank protect the most vulnerable members of our This is a plan that is budget neutral, and Knox, lauded them as being the ``bravest society. which, given the drug manufacturers' uncom- men'' he had ever seen. As the Ranking Member of the Subcommit- mon profit margins, need not adversely affect Mr. Speaker, Teddy Roosevelt was no hero tee on Human Resources, which has held nu- prices in general. This is an effective and at San Juan and his insistence that he was is merous hearings examining our nation's nurs- much-needed solution. I urge both the Repub- not sufficient to justify the House of Rep- ing homes, I believe that introducing the Long- lican and Democratic Leadership to make this resentatives authorizing the President to Term Care Patient Protection Act of 1998 issue a priority for the next session. award him the Congressional Medal of Honor. today will take a pivotal step in the right direc- f This high distinction is reserved for those who tion. This bill represents part of the Adminis- have performed extraordinary fetes of bravery. AUTHORIZING AWARD OF CON- tration's efforts to improve quality of care with- f GRESSIONAL MEDAL OF HONOR in the nursing home industry, and serves as a TO THEODORE ROOSEVELT DESIGNATING OCTOBER 16TH AS complement to H.R. 4686, a bill introduced by ‘‘SAN DIEGO MAGAZINE DAY’’ my esteemed colleague, Mr. Joseph P. Ken- SPEECH OF nedy, II, of Massachusetts. Specifically, the Long-Term Care Patient HON. WILLIAM (BILL) CLAY HON. BRIAN P. BILBRAY Protection Act of 1998, would allow qualified OF MISSOURI OF CALIFORNIA and trained paid staff other than nurses aides IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and licensed health professionals to provide Thursday, October 8, 1998 Saturday, October 10, 1998 feeding and hydration assistance to residents Mr. CLAY. Mr. Speaker, if there had been a Mr. BILBRAY. Mr. Speaker, it is with great in nursing facilities participating in the Medi- recorded vote rather than a voice vote on H.R. pleasure that I rise today to pay tribute to San care and Medicaid programs. It would also CONGRESSIONAL RECORD — Extensions of Remarks E2067 prevent a nursing facility from using any indi- HOLY ROSARY CELEBRATES 90TH McLean: A Lifetime of Community Leader- vidual as a feeding and hydration assistant in ANNIVERSARY ship.'' the facility unless the individual has completed Mr. McLeon made history when he was a training and competency evaluation ap- HON. JAMES H. MALONEY elected the first African American from Hudson proved by their respective state. OF CONNECTICUT County to serve in the State Assembly, a post Mr. Speaker, I urge my colleagues to join IN THE HOUSE OF REPRESENTATIVES he held from 1966 to 1970. He also served in my efforts to assist millions of families across the Jersey City Housing Authority, beginning Saturday, October 10, 1998 this nation by supporting the Long-Term Care in 1954; as a member of the Jersey City Patient Protection act of 1998. Mr. MALONEY of Connecticut. Mr. Speaker, Board of Education; as Director of Housing for it is with great joy that I bring to the attention the Essex County Urban League; and as a f of the House of Representatives and the member of the Jersey City Branch of the Na- American public the celebration in my con- tional Association for the Advancement of Col- TRIBUTE TO CHIEF OF POLICE, gressional district of the 90th Anniversary of ored People (NAACP). In addition, he is the NORMAN N. CHAPMAN, JR. Holy Rosary Parish in Ansonia, Connecticut. founder of the Civic Awareness Council, a citi- In the very early 1900's, the rather large zens' action organization. HON. JOE SCARBOROUGH Catholic Italian community of Ansonia was Assemblyman McLeon, who was born on OF FLORIDA served by another local parish that was first June 17, 1921, attended public schools in Jer- formed by Irish immigrants. Church leaders in sey City, including School Number 14 and Lin- IN THE HOUSE OF REPRESENTATIVES Hartford recognized the distinct cultural and coln High School. He enrolled in Lincoln Uni- Saturday, October 10, 1998 language differences in the existing parish and versity, Pennsylvania in 1940, but his edu- Mr. SCARBOROUGH. Mr. Speaker, on Oc- moved to create a new one. And, on October cation was interrupted by World War II in tober 14, 1998, the citizens of Pensacola and 4, 1908, the Feast of the Holy Rosary, Rev- 1944. He served in the U.S. Air Force during the State of Florida will be losing a man who erend Bonforti celebrated the first Mass for the the war, rising from the rank of private within has dedicated his life to protecting the people Ansonia Italian community and took the name, a year to Personnel Sergeant Major, the high- of Florida and ensuring the triumph of justice Holy Rosary, in honor of the feast day. est rank for enlisted men. He returned to Lin- in our community. This gentleman has distin- Over the next several decades, the Church coln University in September of 1948 and re- guished himself as a community leader, a continued to grow and serve the community. ceived a Bachelor of Arts degree. He married dedicated law enforcer, and one of our na- Many people played a major role in this the former Louise Williams and they produced tion's leaders in the war on crime. The man I growth process, including the Reverend Peter three children. speak about today is Chief Norman Chapman Manfredi, who on April 3, 1913, was assigned Although former Assemblyman McLeon is of the Pensacola Police Department. to the church as its administrator and served retired now, he has remained an active and in this capacity for over forty years. While min- I could praise Chief Chapman for his nearly passionate advocate for the cause of justice istering to the needs of the parishioners, he twenty-five years of law enforcement, during and continued progress. He has truly been an gave the church a firm foundation that helped which he served in all phases of Uniform Pa- inspiration to all who have had the privilege of guide it through some very difficult times. Rev- trol, Tactile Patrol in high crime areas, the De- knowing him. erend Anthony Salemi came to Holy Rosary in tective Bureau, Investigations, and in Person- Mr. Speaker, I know my colleagues join me July, 1954. Through his enthusiasm and spir- nel and Training. I could mention the mod- in congratulating former Assemblyman itual dedication, he led the church for the next ernization and efficiency that Chief Chapman McLeon and wishing him all the best. decade, and most notably, through the rigors f brought to the Pensacola Police Department of purchasing and paying off their first church over the last four years as Chief of Police. Or building. Miss Annie Larkin, a lay person, es- HONOR THE VICTIMS OF THE I could applaud his efforts to bring to justice tablished the religious education program as UKRAINIAN FAMINE Ted Bundy, one of history's most heinous well as most other church parish organizations mass murderers. But I'm sure Norman would and served the church as a Sunday school say that those accomplishments were just part HON. DAVID E. BONIOR teacher for more than thirty years. OF MICHIGAN of his duty. The Reverend Vincent Iannetta, who served However, in my opinion, Mr. Speaker, Nor- IN THE HOUSE OF REPRESENTATIVES as pastor for thirty years starting in June, man has gone above and beyond the call of Saturday, October 10, 1998 1965, provided the leadership that led to a duty throughout his distinguished career in the new church and under whose tenure the par- Mr. BONIOR. Mr. Speaker, the Ukrainian field of law enforcement. At a time when our ish truly matured. Father Ronald Genua now famine of 1932±33 stands as one of the most nation calls out for principled leadership from serves as pastor and in just three short years tragic events of this century. public officials, it is fitting that today we honor has touched and enriched the lives of parish- Millions of Ukrainian men, women and chil- a law enforcement professional who always ioners throughout the congregation. dren were starved to death in one of the cruel- went the extra mile to protect our citizens Mr. Speaker, Holy Rosary is a mainstay of est acts of inhumanity every recorded. while striving to support and defend the Con- the community and serves this diverse parish Ukraine was the breadbasket of Europe. Its stitution of the United States. During his tour well. On behalf of the 5th Congressional Dis- land was rich and productive. Its farmers in Viet Nam, Norman Chapman came to know trict and the House of Representatives, I con- helped to feed the world. and respect our God given rights of freedom. gratulate all parishioners and clergy, past and So it made no sense in 1932 when peas- He has never forgotten how important those present, on this 90th Anniversary and send ants began to scavenge around in harvested rights are to the American way of life. best wishes for a very successful celebration fields for foodÐor when their diets were re- Norman's overall attitude and dedication to and all continued success. duced to nothing but potatoes, beets and public service has been a model in the lives f pumpkins. of the hundreds of law enforcement officers Peasants began leaving Ukraine, trying to and professionals that he has trained, super- TRIBUTE TO ADDISON McLEON search for food in Russia and other neighbor- vised, and encouraged. His legacy will remind ing territories, but they were soon turned back. new recruits that when at all possible, law en- HON. DONALD M. PAYNE Instead of planting seeds for the next crop, forcement officers should go beyond the call OF NEW JERSEY peasants were reduced to feeding those of duty to assist citizens in any way possible IN THE HOUSE OF REPRESENTATIVES seeds to their children. and to protect our system of justice from any As a result, little grain was harvested for the and all adversaries. Saturday, October 10, 1998 next crop, and the situation grew worse. As Norman departs the Pensacola Police Mr. PAYNE. Mr. Speaker, I would like my Soon, people began dyingÐmillions of peo- Department, he can take pride in knowing that colleagues here in the U.S. House of Rep- ple. he influenced so many people in a positive resentatives to join me in honoring a man Incredibly, as many as ten million may have way. As a father of two young boys, I sleep whose contributions to his community and to died in this famine. better at night knowing that our streets are the entire state of New Jersey are legendary, That's fully one-quarter of the people in rural safer and that our children are protected be- former Assemblyman Addison McLeon of Jer- Ukraine. cause of the life-long efforts of Norman N. sey City. He will be honored on October 22, Of course, the truth about the famine was Chapman, Jr. 1998 at a special event: ``A Tribute to Addison not revealed for far too long a time. E2068 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 The Kremlin was starving the people of (WFP) history. Working for WFP since 1992, dated return provisions this year, as part of Ukraine to death, because Josef Stalin and Broderick has been on the frontline of numer- our ongoing efforts to make the tax laws easi- the Soviet dictators wanted to avoid mass re- ous crises including the former Yugoslavia, er to understand and administer. Unfortu- sistance to collectivization. Somalia, and Rwanda. nately, that did not happen. It is my hope that So they killed the peasantsÐslowly, delib- Today, as a WFP Senior Advisor to the introduction of this bill now will serve as a ve- erately, diabolicallyÐthrough mass starvation. Country Director in North Korea, Doug Brod- hicle to focus attention on this problem and The West did little at the time to put an end erick is the senior American helping to run the lead to repeal of these limitations when we to the man-made famine. They continued to biggest emergency operation in WFP's history. consider tax legislation next year. buy grain at cheap prices from Russia, taking WFP, which has been marshaling food aid BACKGROUND more food away from the Ukrainian people. for North Korea since government mis- With that introduction, I would like to give a We should never forget this tragedy. management and destructive floods hit the short explanation of the issues that this legis- We should honor the memory of the millions country, appealed to the international commu- lation addresses. of victims. nity to provide more than 600,000 tons of The consolidated return provisions in the tax And we should support the efforts of the emergency food aid worth $346 million for the laws were enacted so that the members of an people of Ukraine, who were subjected to the 12 months through next March. Three years of affiliated group of corporations could file a sin- famine and to decades of oppressive Soviet disastrous flooding, droughts, and tidal waves gle tax return. The right to file a ``consoli- rule, as they continue on their path to democ- exacerbated the already existing agricultural dated'' return is available regardless of the na- racy, respect for human rights, and economic problems facing North Korea. The result has ture or variety of the businesses conducted by progress. been chronic food shortages, widespread hun- the affiliated corporations. The thinking behind Mr. Speaker, I urge my colleagues to sup- ger, and malnutrition. this is easy to understand. We should be tax- port this important resolution and stand to- From Mr. Broderick's base in Pyongyang, ing a complete business entity, not separate gether with the people of Ukraine. WFP is currently delivering 392,000 tons of parts. It should not matter whether an enter- f food to over 6 million persons or almost one- prise's businesses are operated as divisions third of the population. He helps manage WFP within one corporation or as subsidiary cor- TRIBUTE TO STEVE WATKINS operations including a staff of 74 and sub-of- poration with a common parent company. If fices in Chongjin, Hamhung, Sinuiju, and the group is one economic unit, it should have HON. MARION BERRY Wonson. to file only one tax return each year. The tax OF ARKANSAS By the end of 1997, WFP was able to pro- return should reflect the taxable income of the IN THE HOUSE OF REPRESENTATIVES vide emergency food to over 2.6 million chil- entire enterprise. Corporate groups which include life insur- Saturday, October 10, 1998 dren aged 6 and under, one million hospital patients as well as 250,000 farmers participat- ance companies, however, are denied the Mr. BERRY. Mr. Speaker, I rise today to ing in food-for-work agricultural projects. ability to file a single consolidated return until pay tribute to a member of my staff who has In North Korea, children make up the largest they have been affiliated for at least five decided to pursue a new career. group of recipientsÐtotaling 5 million. WFP's years. Even after groups with life insurance Steve Watkins has been a part of my team aid targets the most vulnerable populationsÐ companies are permitted to file on a consoli- since I came to Congress in 1997. Indeed our children, pregnant, and nursing women, or- dated basis, they are subject to two additional association goes further than that as he was phans and hospital patients. limitations that do not apply to any other type the Press Secretary for my first campaign for On the event of World Food Day, I want to of affiliated group. First, non-life insurance Congress. Steve was critical in managing my hail Doug Broderick and his team who are companies must be members of an affiliated transition from candidate to Member and es- saving lives each day in North Korea. On be- group for five years before their losses may be tablishing a healthy relationship with members half of Rockland County and the Nation as a used to offset life insurance company taxable of the press in Arkansas. Within a short time whole, we are proud of Doug and his WFP income. Second, non-life insurance affiliate I named him District Director in recognition of colleagues in their work to end hunger around losses (including current year losses and any the vital role he was playing in the 1st District. the world. carryover losses) that may offset life insurance As a native of the 1st District and a resident f company taxable income are limited to the of Jonesboro, Steve has given his time, talent, lesser of 35 percent of life insurance company and dedication to the people of Arkansas for CONSOLIDATED TAX RETURN taxable income or 35 percent of the non-life the last two years. He has helped them with LEGISLATION insurance company's losses. their interactions with the federal government, Prior to 1976, life insurance companies with vital water and sewer projects, and re- HON. PHILIP M. CRANE could not file consolidated returns with other sponded to their concerns. OF ILLINOIS affiliated companies. The inability to file con- Steve has decided to pursue a career with IN THE HOUSE OF REPRESENTATIVES solidated returns was of little consequence Arkansas State University, his alma mater, until the 1960s and early 1970s when states Saturday, October 10, 1998 and although their gain is our loss, Steve will first began to change the laws to allow life in- always be a part of our team wherever he is. Mr. CRANE. Mr. Speaker, today, I am intro- surance companies to have subsidiaries. Steve I wish you the best of success in your ducing, along with Representatives NANCY Thus, the rules in present law were consid- new career and continued happiness for you, JOHNSON, BARBARA KENNELLY, JIM RAMSTAD ered a modest step in the right direction. Audrey, Adam and Emma. On behalf of the and JERRY WELLER, legislation which would re- The historical argument against allowing life people of the 1st District, of my wife Carolyn, peal a number of limitations contained in the insurance companies to file consolidated re- and of all your colleagues in Jonesboro and consolidated return provisions of the Internal turns with other, non-life companies was that Washington, I thank you for a job well done Revenue Code. These limitations, which were life insurance companies were not taxed on and wish you continued happiness and suc- enacted in 1976, are a relic from a time when the same tax base as non-life companies. This cess. the financial services world, and the taxation argument is unfounded today. Prior to 1958, f of financial institutions, particularly insurance life insurance companies were taxed under companies, was far different from today. The special formulas that did not take their under- WORLD FOOD PROGRAMME’S limitations serve no purpose today other than writing income or loss into account. Legislation FRONTLINE: DOUGLAS BROD- to make the application of the tax laws more enacted in 1959 took a major step toward tax- ERICK OF ROCKLAND COUNTY, complicated for both the taxpayers who have ing life insurance companies on both their in- NEW YORK to follow them and for the Internal Revenue vestment and underwriting income. In fact, at Service which must devote an inordinate the time the present law rules were under con- HON. BENJAMIN A. GILMAN amount of resources to review the tax returns sideration in 1976, the Treasury Department OF NEW YORK when they are filed. Needless to say, these re- took the position that full consolidation was IN THE HOUSE OF REPRESENTATIVES strictions also place affiliated groups of cor- consistent with sound tax policy. porations which include life insurance compa- In 1984 and 1986, Congress reviewed the Saturday, October 10, 1998 nies at an economic disadvantage compared taxation of life insurance companies and made Mr. GILMAN. Mr. Speaker, Douglas Brod- with other corporate groups. a number of substantial changes that have re- erick of Rockland County, New York, is an im- I had hoped that we would have been able sulted in these companies being subject to tax portant part of the U.N. World Food Program's to consider tax simplification in the consoli- on their total income at the regular corporate CONGRESSIONAL RECORD — Extensions of Remarks E2069 tax rates. Today, life insurance companies are HONORING MEGHAN ANN in my mind great civic and community leaders. as fully taxed on their income as are other ELLWANGER, WINNER OF THE I am indeed pleased to see this recognition corporations. There is no reason to treat them NATIONAL BUSINESS PLAN COM- provided to the Little Rock Nine as evidence differently today. PETITION of the significant role which they, their parents and leaders like Daisy Bates and Wiley THE PROBLEM HON. RON KIND Branton played in the school desegregation and Civil Rights Movement in this country. The current restrictions placed affiliated OF WISCONSIN They were Golden Children and deserve Gold groups of corporations which include life insur- IN THE HOUSE OF REPRESENTATIVES ance companies at an economic disadvantage Medals. compared with other corporate groups and Saturday, October 10, 1998 I thank you, Mr. Speaker, and yield back the also create substantial administrative complex- Mr. KIND. Mr. Speaker, I rise today to com- balance of my time. ities for taxpayers and the Internal Revenue mend a young lady from my congressional f Service. The five-year limitations, in particular, district who has made the State of Wisconsin TRIBUTE TO AMERICAN YOUTH create irrational disparities between groups proud. Meghan Ann Ellwanger, of Somerset, SOCCER ORGANIZATION containing life insurance companies and other Wisconsin, has proven herself to be an astute consolidated groups. Let me provide three ex- entrepreneur at the age of 15. Her business amples: plan for ``Berry Patch Nannies'' won the 1997± HON. BRAD SHERMAN OF CALIFORNIA 98 Business Plan Competition sponsored by 1. When a consolidated group acquires a IN THE HOUSE OF REPRESENTATIVES ``An Income of Her own'' a nonprofit organiza- target consolidated group with a life insurance Saturday, October 10, 1998 company member, the target group is tion dedicated to improving the economic lit- deconsolidated. This means that, unlike other eracy of teen girls. Mr. SHERMAN. Mr. Speaker, I rise before groups, intercompany gains in the target group Berry Patch Nannies will be a business de- you today to pay tribute to the American Youth would be triggered into income while losses voted to the raising of goats and the sale of Soccer Organization (AYSO) and its chairman would continue to be deferred. goat products which include milk, cheese, and of the board, Burton K. Haimes. AYSO was soap lotion. It will also be an ``environmentally founded in Torrance, CA in 1964, ``everyone 2. For the five year period following a con- aware business with products that are drug, plays'' and ``balanced team'' philosophies have solidated group's acquisition of a life insurance disease and pest free.'' Miss Ellwanger gained generated a youth soccer program which has company, gains on any intercompany trans- some of the experience she will need to imple- literally swept the country. action cannot be deferred. Gains of other ment her plan for Berry Patch Nannies while Today, AYSO has 900 regional programs groups, which are allowed to file a consoli- she was operating Meghan's Poultry Palace, a and 46,000 teams. The division into geo- dated return, are allowed to be deferred. family operated poultry business. Miss graphic regions has resulted in a grassroots 3. Section 355 spin off transactions raise Ellwanger plans to cover her startup costs by program with local leadership. AYSO soccer is questions concerning the five year ineligibility applying for a 4±H business loan. She intends a family affair with more than 600,000 players 1 period for the spun-off company even if the to invest her profits in a college education. ranging from 4 ¤2 through 18 years old. An av- group had existed and been filing a consoli- I wish her success and congratulate her on erage of one parent per family actively partici- dated return for many years. this impressive accomplishment. pates in AYSO acting as coach, referee, team f parent, administrator or sponsors. AYSO is The ability to file consolidated returns is par- currently supported by more than 250,000 vol- ticularly important for affiliated groups contain- LITTLE ROCK NINE MEDALS AND unteers. Through AYSO, youngsters of diverse ing life insurance companies. Many corpora- COINS ACT backgrounds, ethnicity, and athletic abilities tions in other industries can, in effect, consoli- are given the opportunity to participate in soc- date the returns of affiliates by establishing di- SPEECH OF cer. AYSO and its sponsors are proud to pro- visions within one corporation, rather than op- vide quality programs for its youngsters and erating as separate corporations. Unfortu- HON. DANNY K. DAVIS volunteers. nately, state law and other, non-tax, business OF ILLINOIS Today's AYSO program is different in many considerations generally require a life insur- IN THE HOUSE OF REPRESENTATIVES respects from its origin. The emphasis is now ance company to conduct its non-life business Friday, October 9, 1998 placed on the training and development of through subsidiaries. The inability to file con- Mr. DAVIS of Illinois. Mr. Speaker, I rise in adult volunteers. That way they can be sure solidated returns thus operates as an eco- support of the bill H.R. 2560 to present Gold the quality as well as the quantity of their pro- nomic barrier inhibiting the expansion of life in- Medals to Ernest Green, Elizabeth Eckford, grams increases. AYSO, with the help of noted experts, is working to improve the edu- surance companies into related areas. Jefferson Thomas, Dr. Terrence Roberts, cation of volunteers in the areas of child de- Carlotta Walls Lanier, Minniejean Brown SOLUTION velopment, human behavior, sports psychol- Trickey, Gloria Ray Karlmark, Thelma There are no sound reasons to deny affili- ogy, ethics and sportsmanship. Mothershed-Wair, and Melba Pattillo Beals, AYSO programs work because their volun- ated groups of corporations including life in- collectively known as the Little Rock Nine. surance companies the same unrestricted abil- teers work. They work because they believe in I was a 16-year-old college freshman at Ar- the programs. Their phenomenal growth re- ity to file consolidated returns that is available kansas A.M. of N. College in Pine Bluff, Ar- to other financial intermediaries (and corpora- flects AYSO's commitment to a healthy com- kansas; and on a daily basis we waited with petitive atmosphere for youth soccer players tions in general). Allowing the members of an baited breath to hear or see what had taken affiliated group of corporations to file a con- and a concern for the development of caring place on that day at Central High School in and responsible individuals. solidated return prevents the business enter- Little Rock. The nine young people gave all of prise's structure, i.e., multiple legal entities, Recognizing the special needs within our us a sense of pride and fulfillment as we ob- communities, AYSO has carefully created from obscuring the fact that the true gain (or served their strength, courage, and determina- unique programs including: TEAM-UP to pro- loss) of the business enterprise is the aggre- tion. They were all outstanding; however, I vide assistance where there are ongoing eco- gate of the gain (or loss) of each of the mem- was particularly struck by the fact that my nomic challenges, be it rural area, small town, bers of the affiliated group. The limitations mother, a very soft-hearted and genteel Native American reservation or the inner city; contained in present law are so clearly without woman, declared Minniejean Brown as her VIP (Very Important Player) program created policy justification that they should be re- hero. to provide a quality soccer experience for chil- pealed. These were indeed heady times for all of us dren whose physical or mental challenges The legislation we are introducing today will in Arkansas and especially so, for those of us make it difficult to successfully participate on repeal the two five-year limitations for taxable who were Black. Daisy Bates, president of the regular AYSO teams; CAP (College Athlete years beginning after this year. For revenue Little Rock NAACP became a goddess for Program) designed to prepare soccer players reasons, the legislation will phase out the 35% those of us who were liberation hungry and to attend college and play soccer while in col- limitation over seven years. This bill should be searching for equality, equal justice, and equal lege; Girls Initiative to promote girls' participa- a part of any simplification or taxpayer relief opportunities. Attorney Wiley Branton, Dr. tion in soccer along with fostering the develop- legislation that may be enacted next year, and Cleon Flowers, Attorney Flowers, Dentist ment of women as coaches, referees and ad- I hope my colleagues will join me in this Mazique, President Lawarence A. Davis, Dean ministrators; and Safe Haven designed to ad- worthwhile effort. J.B. Johnson, Earl Evans, and others became dress the growing need for child and volunteer E2070 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 protection through an educational program The changes Chief Martin has implemented SONNY BONO COPYRIGHT TERM that includes accreditation, volunteer certifi- show that he is a true friend of the Choctaw EXTENSION ACT cation, and protection policies. Nation and all Native Americans. His vision of SPEECH OF Mr. Speaker, distinguished colleagues, self-sufficiency and commitment to entrepre- please join me in honoring the American neurship has helped his people succeed. HON. BART GORDON Youth Soccer Organization (AYSO); the role Chief Martin has reversed the injustices faced OF TENNESSEE model for sportsmanship and citizenship in our by his people by establishing an independent IN THE HOUSE OF REPRESENTATIVES country today. and productive reservation-based economy. Wednesday, October 7, 1998 f This is a testament to the understanding and Mr. GORDON. Mr. Chairman, I rise in oppo- SENSE OF THE HOUSE REGARDING foresight of tribal governments. sition to Title II, the Music Licensing Exemp- IMPORTANCE OF MAMMOGRAPHY It is my sincere hope that others will follow tions title in S. 505, the Copyright Term Exten- AND BIOPSIES IN FIGHTING the course Chief Martin has set in establishing sion Act. Although some characterize this pro- vision as a ``compromise,'' this provision is en- BREAST CANCER private enterprise for the Choctaws. His deter- tirely unfair to American songwriters. mination and vision has been rewarded by his SPEECH OF Mr. SENSENBRENNER's ``compromise'' on Mu- many accomplishments. I am certain these sical Licensing would exempt certain sized HON. SHEILA JACKSON-LEE positive investments will continue to help his bars and restaurants from paying royalties for OF TEXAS fellow citizens for many years to come. radio and television broadcasts in their estab- IN THE HOUSE OF REPRESENTATIVES lishments. Thursday, October 8, 1998 f Restaurant owners must pay produce ven- dors for the fruit and vegetables they serve, Ms. JACKSON-LEE of Texas. Mr. Speaker, LYNN D. ALLEN, A DEDICATED alcohol distributors for the beer and wine they I rise today to speak about an issue of vital PUBLIC SERVANT sell and furniture suppliers for the tables at importance to the women of this NationÐ which their customers sit. It is absurd to sug- breast cancer prevention. As a woman and a gest that you should not be compensated for mother, I feel that there are few issues as im- HON. JOE KNOLLENBERG the use of someone's music. Intellectual prop- portant to women's health as the breast can- erty must enjoy the same status as real or cer epidemic facing our Nation. OF MICHIGAN personal property; a person cannot use or im- The resolution in front of us today ex- IN THE HOUSE OF REPRESENTATIVES properly interfere with another's property with- presses the sense of the House of Represent- out facing consequences. atives that mammograms and biopsies are Saturday, October 10, 1998 In my home state of Tennessee, music is crucial tools in the fight against breast cancer. one of our area's largest economic assets, As you may know, breast cancer is the most Mr. KNOLLENBERG. Mr. Speaker, I rise and it is vital that the United States maintain commonly diagnosed cancer in American today to thank Lynn Allen for his dedication to high protection and enforcement standards in women today. public service. the U.S. and throughout the world. An estimated 2.6 million women in the Born and raised in Pontiac, Michigan, Lynn Mr. Chairman, I have letters from constitu- United States are living with breast cancer. served in WWII as a combat pilot. After com- ent songwriters and Opry performers that don't Currently, there are 1.8 million women in this pleting his service, Lynn entered college at the understand why writers of books, movies, tele- country who have been diagnosed with breast University of Detroit and graduated from vision programs are all compensated each time their work is enjoyed, and songwriters cancer and 1 million more who do not yet Northern Illinois University's College of Optom- should not be allowed the same protection know that they have the disease. It was esti- etry, earning B.S. and doctors degrees. mated that in 1996, 184,300 new cases of and compensation. breast cancer would be diagnosed and 44,300 After 18 years of practice as an optometrist, I believe it is hypocritical of the leadership of women would die from the disease. Lynn was elected in 1968 as the Oakland this body to pass this lop-sided provision, Breast cancer costs this country more than County Clerk and Register of Deeds, a posi- when tomorrow, we bring to the floor the con- $6 billion each year in medical expenses and tion he holds today. Lynn has served the peo- ference report on H.R. 2281, the WIPO Inter- lost productivity. These statistics are powerful ple of Oakland County honorably and with dis- national Copyright Treaty Implementation Act. indeed, but they cannot possibly capture the tinction. An innovative leader, Lynn helped de- H.R. 2281 strengthens U.S. copyright laws re- garding the transmission of copyrighted mate- heartbreak of this disease which impacts not sign and implement the first on-line computer only the women who are diagnosed, but their rials. Tonight, this music licensing exemption court system in the world and established an weakens copyright protection for songwriters husbands, children and families. on-line system for campaign finance reporting. The most effective technique for early de- and their creative works. Commerce Secretary William Daley wrote in tection of breast cancer is mammography. Lynn has served as the president of the a letter to Speaker GINGRICH stating strong op- When detected early, the probability that a Michigan Clerks' Association and has been selected as the County Clerk of the Year in position to the Sensenbrenner music licensing woman can survive breast cancer is 90%. exemption. Specifically, Secretary Daley points Safe and accurate testing offered through the State of Michigan. Currently, Lynn serves as chairman of the Court Committee for the out that our trading partners will claim that an mammography is essential to save women's overly broad exemption violates our obliga- Michigan Clerks and chairman of the Court lives. tions under the Berne Convention for the Pro- I am sure that all Members support this res- and Charter Committee for the International tection of Literary Works and the Agreement olution today. I support it on behalf of all of Association of Clerks, Recorders, Election Of- on the Trade Related Aspects of Intellectual our daughters, sisters, mothers, and grand- ficials and Treasurers. Property Rights (TRIPs Agreement). mothers. We must continue to do whatever we In addition to his official duties, Lynn has We should be concerned that passage of can in order to detect, treat and prevent this made many other contributions to his commu- Title II would sacrifice U.S. interests of U.S. devastating disease. nity. He has been active in the Jaycees and music copyright owners abroad in order to sat- f has been named the Pontiac Jaycees Man of isfy the demands for uncompensated use of music domestically. The American music in- HONORING CHIEF PHILLIP MARTIN the Year. He has also been an active member dustry is the most successful in the world, and in the West Pontiac Kiwanis Club, the Amer- royalties from foreign performances are an im- HON. PHIL ENGLISH ican Legion, the Oakland County Sportsman's portant source of income for U.S. artists and OF PENNSYLVANIA Club, and the First Presbyterian Church. composers, who are small businesses too. If IN THE HOUSE OF REPRESENTATIVES Lynn is retiring as the Oakland County Clerk we expand the exemptions as written, other Saturday, October 10, 1998 and Register of Deeds on October 16. His countries could use this as an excuse to adopt leadership will be missed. He has made Oak- exemptions in their own copyright laws, lead- Mr. ENGLISH of Pennsylvania. Mr. Speaker, land County and the State of Michigan a bet- ing to economic losses to U.S. music copy- it is with great pride that I rise today to honor right owners in the hundreds of millions. ter place to live. Chief Phillip Martin who has made the Mis- Songwriters are small business-persons that sissippi Band of Choctaw Indians an American I wish Lynn and his wife, Mary Ann, the best are engaged in an extremely difficult and com- success story. of luck in their future endeavors. petitive occupation. It is often only after years CONGRESSIONAL RECORD — Extensions of Remarks E2071 of struggle that a writer can even begin to groups. I am uncertain what the con- I am pleased that the bill will enable Medi- make a living. sequences of Dr. Kizer's decision to enroll all care to reimburse the VA for services provided As I said before, music is intellectual prop- veterans will be for VA, but I know that addi- to Medicare eligible Veterans by VA facilities. ertyÐand the owners should be paid for the tional resources will better ensure its ability to This change is fiscally responsible and is pre- use of their productÐparticularly when other honor this commitment without limiting access dicted to save the Federal Government money businesses are making money by using their to care to other veterans with a higher priority in the long run. However, I am concerned that work. to care. services previously paid for by the VA would Finally, I agree with Rep. Mary Bono in I commend the gentleman from California, now be extracting scarce resources from the hopes that the House will revisit this issue and Mr. Thomas, for his work on behalf of VA- Medicare Trust Fund. its detrimental effect on American songwriters Medicare Subvention. However, I believe we In conclusion, although the meager home and our international trade agreements in the need to re-assess VA's health care funding health payment increase is not at the level I next session. Enacting Title II of this bill is a sources and end the funding ``shell game'' would have liked, this is a step in the right di- grave mistake. which has subjected VA to an uncertain reve- rection and I am relieved that struggling home f nue stream for the last three years. It hasn't health agencies will receive some assistance. worked. If VA is to be a high-quality health f MEDICARE HOME HEALTH AND care system, Congress must be committed to VETERANS HEALTH CARE IM- funding the VA with adequate appropriated re- TURKMENISTAN: AN OPPORTUNITY PROVEMENTS ACT OF 1998 sources for the next fiscal year and years to TO ENHANCE POLITICAL STABIL- ITY IN CENTRAL ASIA SPEECH OF come. f HON. LANE EVANS HON. EDOLPHUS TOWNS MEDICARE HOME HEALTH AND OF ILLINOIS OF NEW YORK VETERANS HEALTH CARE IM- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES PROVEMENTS ACT OF 1998 Friday, October 9, 1998 Saturday, October 10, 1998 Mr. EVANS. Mr. Speaker, I rise today in SPEECH OF Mr. TOWNS. Mr. Speaker, I rise today to in- support of the bill, H.R. 4567, although I do so HON. PATSY T. MINK troduce a sense of the Congress resolution with some reservations. The Committee on OF HAWAII supporting United States assistance to the Re- Veterans' Affairs has a long tradition of biparti- IN THE HOUSE OF REPRESENTATIVES public of Turkmenistan to build pipeline routes sanship in developing constructive policy to or take other measures necessary to resume Friday, October 9, 1998 meet the needs of veterans. Under the leader- the export of natural gas. ship of Chairman BOB STUMP, our Committee Mrs. MINK of Hawaii. Mr. Speaker, although Turkmenistan, a newly independent Repub- considered, perfected and approved, H.R. I am an original cosponsor of the original ver- lic, bordering the oil and gas rich Caspian 1362, the Veterans Medicare Reimbursement sion of H.R. 4567, the Medicare Home Health Sea, plays a vital role in the stability of Central Act of 1997. I continue to believe H.R. 1362 Care Interim Payment System Refinement Act, Asia, a region that is quickly becoming one of better addresses the needs of veterans and I am rising in reluctant support for the bill. the most strategically important areas in the VA while simultaneously providing Medicare The Balanced Budget Act of 1997 imple- world. savings. These Medicare savings would result mented a poorly designed formula for Medi- As we enter the 21st century, it should be from authorizing VA to charge the Health Care care payments to home health agencies which the goal of the United States to support the Financing Administration for certain care pro- devastated home health agencies around the exploration and use of cleaner sources of en- vided by VA to certain Medicare-eligible veter- country. Reimbursements were slashed across ergy, without hampering economic growth. ans using a discounted Medicare fee schedule the board and more than a thousand home Turkmenistan, a country with one of the larg- or capitated payment rate. H.R. 1362 was ap- health agencies either closed or began refus- est reserves of natural gas in the world, plays proved by the Veterans' Affairs Committee ing to accept Medicare beneficiaries. The a key role in reaching this goal. with the support of the Administration and all number of Medicare-Certified Home Health At this point, political and economic factors of the major veterans' services organizations. Agencies in my home state of Hawaii went have hindered Turkmenistan from exporting its Working with the Senate Committee on Veter- from 28 in October 1997, to 22 in August natural gas to the world. The United States ans' Affairs, the Senate Finance Committee in- 1998. A 22 percent decline in ten months. must act to assist Turkmenistan in resuming cluded a provision similar to H.R. 1362 in its For every agency that is closed, there are the sale of its natural gas. The resumption of version of the Balanced Budget Act of 1997. several hundred patients who are abandoned. Turkmen gas sales is one of the main hurdles Unfortunately, this provision was not included The situation compels immediate action and I that must be overcome before economic and in the conference agreement. I hope that fu- am very pleased the House is addressing this political stability comes to this region. ture negotiations with the Senate will yield a problem. Nonetheless I believe more can be Without stability, Central Asia could cease measure more like H.R. 1362Ða more done. to be a viable source of clean energy for the thoughtful and cautious approach than the I am distressed that this bill is not retro- world, and also deteriorate into a ``hot spot'' measure we are considering today. active. Many agencies have continued to oper- where different cultures and political forces My support for the measure before us today ate in the red for the past year clinging to the could combine to create a threat to our na- is due to VA's desperate need for funding hope that Congress would enact retroactive tional security. from non-appropriated sources on which the legislation to fix the payment problem. Agen- Again, Mr. Speaker, I ask my fellow mem- Administration is depending. Since it received cies will not get assistance for losses they bers to support this resolution, and in so doing authority to retain medical care cost recovery took this year and because of this, many will give Turkmenistan encouragement to promote funds, VA collections have actually declined. close even with the additional payments pro- stability and democratization in the region. VA intended to use both Medicare reimburse- vided by this bill. f ment and medical care cost recovery funds to Furthermore this bill does not address the provide 10-percent of its funding from non-ap- additional problems that would be created by TRIBUTE TO DR. IVOR L. GEFT propriated sources. VA's inability to collect the the impending home health payment reduction levels of funds it anticipated from these scheduled for September 1999. Unless we ad- HON. BRAD SHERMAN sources has resulted in a serious unantici- dress this problem we will be in the same situ- OF CALIFORNIA pated budget shortfall. ation next September, as we are in now. IN THE HOUSE OF REPRESENTATIVES Now VA faces a new challengeÐthe Under Since H.R. 4567's introduction, numerous Secretary for Health has committed to ``take unrelated provisions have been added to the Saturday, October 10, 1998 all comers'' into its health care system and bill. One of my main objections to this bill is Mr. SHERMAN. Mr. Speaker, I rise today to provide them with specified health care bene- the inclusion of language expanding the Roth pay tribute to Dr. Ivor L. Geft, one of the most fits. Since VA has already committed to enroll- IRA limit from $100,000 to $145,000. This is a dynamic and dedicated physicians in Los An- ing both veterans who bring payment for serv- tax shelter for the wealthy and will cost U.S. geles. Dr. Geft is the recipient of The Jewish ices to the door with them and veterans with- taxpayers almost $5 billion over 10 years Healthcare FoundationÐAvraham Moshe out such funding, VA will have no additional while providing little, if any, benefit to the ma- Bikur Cholim's Ahavas Chesed Award. He is incentive to treat those in higher-income jority of the population. being recognized for his excellence in caring E2072 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 for the health and welfare of all citizens of Los the House Committee on Banking, Finance, The Shenango Valley is grateful that Mr. Angeles, regardless of age, sex, creed, or and Urban Affairs and on its housing sub- Jazwinski has decided to make it his home color. committees. As the Chairman of the Banking along with his wife Sally and three daughters The Talmud states, ``He who does Charity Committee from 1989 to 1994, the Congress- Alison, Sarah and Jenny. He is the president and Justice is as if he had filled the whole man conducted over 500 hearings that cov- and chief executive officer of Jazwinski Finan- world with kindness.'' In the spirit of these ered topics ranging from the Bush Administra- cial Services. Robert has established himself words, Dr. Geft continuously performs acts of tion's pre-war policy toward Iraq to the Bank of as a Certified Public Accountant, Certified Fi- charity and justice that brings an incredible Commerce and Credit International scandal. nancial Planner and Specialist and has been sense of loving kindness and hope to the While acting as Chairman of the Banking recognized by the Personal Financial Planning greater community of Los Angeles. His dedi- Committee, Congressman GONZALEZ also Division of the American Institute of Certified cation to increasing the well being of the ailing guided 71 bills through the legislative process. Public Accountants with high distinction. is unique. Known for visiting patients young Among these important measures were bills Mr. Jazwinski has been committed to the and old alike, he can be spotted in a variety that provided important services such as mak- Shenango Valley because he cares about of hospitals and homes throughout Los Ange- ing more credit available to small businesses bringing its citizens together. He has served les around the clock. Amidst the busy sched- and strengthening laws pertaining to financial on the board of directions of the chamber of ule of a cardiologist, Dr. Geft does not hesitate crimes. As a member and a Chair, Congress- commerce and as a commissioner for the city to make time for any of his patients. His com- man GONZALEZ assisted in the restoration of of Hermitage. Currently, he is an F.H. Buhl mitment to helping others has significantly im- the savings and loans industry and helped to Trustee, executive vice president of the proved the quality of life in our community. overhaul the deposit insurance system. Shenango Valley Foundation, and a member Dr. Geft's compassion is coupled with his Beyond his work with the Banking Commit- of the board of directors for the executive reputation as one of the most well respected tee, Congressman GONZALEZ has actively pro- committee and treasurer of the Penn North- cardiologists in the city of Los Angeles. Dr. moted legislation that dealt with areas such as west Development Corporation. Geft serves as a physician specializing in car- civil rights, education, veterans, and equal op- It is an honor to recognize Mr. Jazwinski diology, primarily at Cedars-Sinai Medical portunity. and his achievements. He is a man who has Center. He also travels throughout the city and As the Chairman of the Subcommittee on made an important difference in the Shenango has privileges to UCLAHospital, Midway Hos- International Development Institutions and Fi- Valley. pital, and Century City Hospital. He is an as- nance, the Congressman sponsored the ``Gon- f sociate clinical professor at the UCLA School zalez Amendment'' that protects U.S. citizens' of Medicine. However, his well earned reputa- overseas property from expropriation without NATIVE AMERICAN PROGRAMS tion began prior to his practice in Los Angeles. just compensation from a foreign government. ACT AMENDMENTS OF 1997 Dr. Geft was senior cardiologist at Shaare As the Chairman of the ad hoc Subcommit- Zedek Hospital and worked as a fellow in car- tee on the Robinson-Patman Act, Anti-trust SPEECH OF diology at the Hadassah Medical Center in Je- Legislation, and Related Matters, Congress- HON. ENI F.H. FALEOMAVAEGA ONZALEZ rusalem, Israel. He attended school at the Uni- man G preserved the interests of OF AMERICAN SAMOA small businesses. Moreover, the report he versity of Cape Town in South Africa. IN THE HOUSE OF REPRESENTATIVES Dr. Geft's list of accomplishments is tireless. issued as the Chair is now revered by anti- He is a member of the world renowned Royal trust lawyers. Friday, October 9, 1998 College of Physicians in the United Kingdom. Most significantly, the Congressman helped Mr. FALEOMAVAEGA. Mr. Speaker, I rise He is also a member of the Israel Board of his constituents by authoring a series of public today in strong support for S. 459, a measure Cardiologists. He belongs to the California laws over a six year period that paved the way to reauthorize the Native American Programs Medical Association, is a fellow at the Amer- to San Antonio's hosting of the 1968 World's Act of 1974. The purpose of this bill is to ican College of Cardiology, and is a member Fair. That event generated business for the amend the Native American Programs Act to of the Israel Medicine Society. His leadership Congressman's district and resulted in a con- extend the authorization to fiscal year 2000 of abilities have been recognized by many, in- vention center, an exhibit hall, additional ho- appropriations for programs administered by cluding the American Heart Association, who tels, a new theater and restaurant district, and the Administration for Native Americans (ANA) awarded him the Young Investigators Award. additional shops. with the Department of Health and Human Today, his talents are being recognized once We will miss Congressman GONZALEZ's Services. This legislation would also reauthor- again. dedication and service as a Member of Con- ize, for a period of 1 year, the Native Hawaiian Mr. Speaker, please join me in honoring Dr. gress. I know that my home State of Texas revolving loan fund. Geft for his love, dedication, and passionate will miss the service of one of our great Ameri- Mr. Speaker, this legislation is critical to service to his patients and the community of cans on its behalf in the U.S. Congress. On continue the availability of a modest amount of Los Angeles. behalf of Texas, I would like to thank Con- grant funds used by native communities na- f gressman GONZALEZ for his accomplishments. tionwide to foster economic growth, develop I wish him the best as he embarks on his well- HONORING HENRY B. GONZALEZ tools for good governance and promote social earned retirement. welfare. FOR 41⁄2 DECADES OF SERVICE f In 1974, the Native American Programs Act TO THE HOUSE AND THE PEOPLE was enacted by Congress to assist tribes and OF THE 20TH CONGRESSIONAL HONORING ROBERT C. JAZWINSKI, other Native American communities with de- DISTRICT OF TEXAS SHENANGO VALLEY CHAMBER OF COMMERCE 1998 PERSON OF veloping social, economic, and governance SPEECH OF THE YEAR AWARD strategies in order to become economically self-sufficient. Since its enactment, hundreds HON. SHEILA JACKSON-LEE of tribes, reservation communities, and other OF TEXAS HON. PHIL ENGLISH native organizations have benefited from the IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA programs funded under this Act, programs Friday, October 9, 1998 IN THE HOUSE OF REPRESENTATIVES which foster the development of stable, diver- Ms. JACKSON-LEE of Texas. Mr. Speaker, Saturday, October 10, 1998 sified local economies by developing the phys- it is a privilege to stand here and extol the Mr. ENGLISH of Pennsylvania. Mr. Speaker, ical, commercial, industrial and/or agricultural achievements of Congressman GONZALEZ. His it is with great pride that I rise today to honor components necessary for a functioning eco- legacy is as extensive as it is grand, and I find Robert C. Jazwinski who was awarded the nomic base. myself awed by his accomplishments. Shenango Valley Chamber of Commerce 1998 ANA has provided grants for governance, Congressman GONZALEZ has served in Con- Person of the Year Award. social, and economic development projects; gress for 38 years. From the moment that he This award is presented annually by the grants to assist with tribal recognition efforts; entered the Congressional service on Novem- Shenango Valley Chamber of Commerce in grants for projects to assist tribes in their ca- ber 4, 1961, Congressman GONZALEZ has rep- order to honor a person who exemplifies lead- pacity to meet environmental requirements; resented his constituents, his State, and his ership, commitment, and devotion to the grants to support projects which promote the Nation with the utmost loyalty and dignity. Shenango Valley area. Robert Jazwinski's ef- survival and preservation of Native American As the Representative of the San Antonio forts in supporting and promoting the languages and funds to support the Native area, Congressman GONZALEZ has served on Shenango Valley have been exemplary. Hawaiian revolving loan fund. These projects CONGRESSIONAL RECORD — Extensions of Remarks E2073 have served to improve the quality of living for SENSE OF THE HOUSE REGARDING backing away from annual inspections, we thousands of Native American families and IMPORTANCE OF MAMMOGRAPHY have been working with the Committee to communities. AND BIOPSIES IN FIGHTING ensure that any demonstration project is BREAST CANCER done on a restricted basis with regard to the The ANA funding policy is to assist Indian facilities that are selected for inclusion in the program. Moreover, the demonstration, Tribes and Native American organizations to SPEECH OF plan and implement their own long-term strate- not to begin before April 1, 2001, should be gies for social and economic development. HON. TOM BLILEY constructed with the utmost caution to en- sure facilities continue to adhere to tough OF VIRGINIA The aim is to increase local productivity and national mammography standards. reduce dependence on government social IN THE HOUSE OF REPRESENTATIVES We look forward to working with the Com- services. This legislation will extend until fiscal Thursday, October 8, 1998 mittee to continue to find ways to improve year 2000 the authorization for these modestly the MQSA program. Thank you again for Mr. BLILEY. Mr. Speaker, the attached let- funded yet very successful programs to your leadership and support. ters are submitted for inclusion in the RECORD. strengthen and rebuild tribal communities Sincerely, OCTOBER 6, 1998. FRAN VISCO, around the United States. Hon. TOM BLILEY, Chairman, President. I wish to thank my good friends, Senator House Committee on Commerce, Washington, DC. CAMPBELL, Senator INOUYE and Senator MUR- STATEMENT OF CHRISTINE BRUNSWICK, VICE DEAR CHAIRMAN BLILEY: On behalf of the KOWSKI for their efforts to extend the author- PRESIDENT, NATIONAL BREAST CANCER COA- National Breast Cancer Coalition (NBCC), I LITION, SEPTEMBER 23, 1998 ization for these valuable resources to improve am writing to thank you for your support opportunities for self-sufficiency for Native and leadership in reauthorizng the Mammog- Thank you very much for the opportunity American, Native Hawaiian, Pacific Islander raphy Quality Standards Act (MQSA). By to speak today. On behalf of the National and other native peoples. adopting national standards for the provi- Breast Cancer Coalition, I want to begin by sion of mammography, the Congress has thanking Chairman Bliley, Chairman Bili- Mr. Speaker, the programs authorized in helped ensure that women get the highest rakis, and the Members of the House Com- this measure are critical to fostering social and quality screening. merce Committee for their leadership in re- economic self-sufficiencyÐa goal shared by We would also like to commend your lead- authorizing H.R. 4382, the Mammography this Congress as we move toward greater fis- ership for working so hard to include a direct Quality Standards Act. MQSA establishes cal responsibility in all American communities. notification provision in this year’s reau- minimum national quality standards for thorization. This is a very important issue mammography facilities and personnel and I urge my colleagues to act favorably and ex- also includes a rigorous annual inspection peditiously on this measure. for women. As you know, NBCC believes along with the Agency for Health Care and program to ensure those standards are met. Policy Research (AHCPR) that the best pub- These are essential components in the fight f lic health policy is for women to receive di- against breast cancer. rect written notification of the results of H.R. 4382 improves mammography screen- COMMEMORATING THE 160TH ANNI- their mammogram. Direct notification will ing by providing all patients—for the first VERSARY OF MONROE TOWN- permit women to make informed medical de- time ever—with direct written notification SHIP, NEW JERSEY cisions at a critical time. of their mammography test results. NBCC Our experience as activists and consumers believes that women are entitled to know is that without a requirement that facilities the results of their own mammograms and provide direct written notification to pa- that they should not have to rely solely on HON. MICHAEL PAPPAS tients—it won’t always happen. Without di- their physicians to notify them of their re- sults. OF NEW JERSEY rect reporting, some women, waiting to hear from their physician may make the tragic NBCC believes that written notification is IN THE HOUSE OF REPRESENTATIVES assumption that ‘‘no news is good news.’’ It the right public policy. It permits women to is for that reason that your leadership on in- make informed medical decisions at a criti- Saturday, October 10, 1998 cluding this requirement is so significant. cal time. Public health organizations and Thank you again for your commitment to consumer advocates have stressed consist- Mr. PAPPAS. Mr. Speaker, I rise today to this issue. We look forward to continuing to ently that women are entitled to know the congratulate the people of Monroe Township, work with you to eradicate breast cancer. results of their exams and that it is the fa- New Jersey as they celebrate their 160th anni- Sincerely, cilities’ responsibility to provide direct writ- ten notification of mammography results to versary. FRANCES M. VISCO, President. all patients. For numerous reasons, many Monroe, named after our fifth president, health care providers do not always commu- James Monroe, became a township on Feb- nicate the results of mammograms to pa- ruary 23, 1838. The first people to inhabit the AUGUST 3, 1998. tients. And some women, waiting to hear Hon. TOM BLILEY, land were the Leni Lenape Indians, followed from their physician, may make the tragic Chairman, Committee on Commerce, assumption that ‘‘no news is good news.’’ by those seeking religious freedom from Eng- Washington, DC. As the Mammography Quality Standards land and Scotland who arrived in the mid-sev- DEAR REPRESENTATIVE BLILEY: On behalf of Act was originally adopted into law, there enteenth century. Both groups were attracted the National Breast Cancer Coalition was already a requirement for self-referred to the area's fertile soil, abundant water and (NBCC), I want to thank you for your leader- women to be directly notified about the re- miles of woodland. When Monroe became a ship in the reauthorization of the Mammog- sults of their mammography. Without a re- raphy Quality Standards Act (MQSA). This township 160 years ago, it's population was quirement that all patients are notified di- program, which establishes minimum na- rectly, the concern is that women may not only 2,435. tional quality standards for mammography hear about their mammography results until Over the past 160 years, Monroe has grown facilities and personnel as well as a rigorous its too late. from a rural, farming area into an active resi- annual inspection program to ensure those NBCC is not alone in supporting direct dential and commercial community. But resi- standards are being met, is an important written notification. Based on extensive re- component in the arsenal for fighting breast view of the literature, expert testimony, and dents and visitors to this beautiful town can cancer. contributions of an independent multidisci- still enjoy its working horse and produce farms The NBCC is extremely pleased that the plinary panel of private-sector clinicians, and plush woodlands. Monroe Township is the Committee has included language that would other experts and consumers, the Agency for home of five large planned retirement commu- require facilities to provide direct written Health Care Policy Research (AHCRP) nities where almost half of their population of notification of mammographic results to all strongly recommended direct written notifi- roughly 27,000 people reside. It boasts a patients. We join the Agency for Health Care cation in the Clinical Practice Guideline: Policy Research (AHCPR) and other experts ‘‘Any written communication must have strong educational system, many parks and and consumers in believing that direct noti- language that is carefully constructed to im- recreation facilities and a close-knit community fication is the best public policy. part results without causing undue anxiety, atmosphere. We also understand that the bill includes to promote a relationship between the I wish to commend Monroe Township and language that would permit the Food and woman and health care provider, and to en- Drug Administration (FDA) to conduct a courage the woman to take the next step.’’ all of the people of Monroe on this historic an- limited demonstration project to determine The Food and Drug Administration (FDA) niversary. It is an honor to have this great the feasibility of inspecting high-performing has stated that it ‘‘continues to believe that township within the borders of the twelfth con- mammography facilities on a less than an- written notification of mammographic re- gressional district. nual basis. While we have concerns about sults is the most reliable way to guarantee E2074 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 that each patient is notified of results and tact us if we may be of assistance in any in accordance with federal standards. The re- that any necessary follow up will occur,’’ breast cancer issues that come before you. authorization process made it possible to en- and that it ‘‘agrees with consumer groups Sincerely, hance MQSA—to make it even better than it that written notification of mammographic KIMBERLY CALDER, was the first time around. We are especially results represents the ‘best practices’ in en- MPS, Associate Executive Director. pleased that the U.S. House of Representa- suring that each and every woman is clearly tives included a provision to directly notify and effectively notified of the results of her women of their mammogram results in easy- SEPTEMBER 22, 1998. mammogram . . .’’ to-understand language—which is a top pri- Hon. TOM BLILEY, I am here today on behalf of the National ority of the American Cancer Society. Chairman, House Commerce Committee, Breast Cancer Coalition to ask the Senate to ‘‘Consumer and public health advocates Rayburn House Office Building, adopt the re-authorized version of MQSA have consistently stressed that communicat- Washington, DC. that has already been passed by the House. ing mammography results directly to women DEAR CHAIRMAN BLILEY: We want to thank While the Senate re-authorized the MQSA (of is a vital component of medical care and a you and the other cosponsors of the Mam- 1992) last year, that legislation did not in- necessary quality standard. Women are enti- mography Quality Standards Act for legisla- clude a direct notification requirement. H.R. tled to timely, accurate and easily under- tion that offers millions of Americans a 4382 would require that written notification stood information about the results of their greater measure of hope as we confront the be provided to every patient in terms easily mammograms. Studies have shown that battle against breast cancer. The House understood by the general public. women believe their mammography results acted wisely when it passed your bill. Our experience as activists and consumers are normal if they are not contacted after It is our sincere hope the Senate will act is that without a requirement that facilities their examination. If in fact the information quickly to pass the House version. While the provide direct written notification to pa- about a suspicious mammogram has fallen Senate bill also takes steps to advance mam- tients—it won’t happen. through the cracks, appropriate follow-up mography standards, it does not include the On behalf of NBCC, I am pleased to join care is often unnecessarily postponed. A direct notification provisions in the House Chairman Bliley, Chairman Bilirakis, and delay in diagnosis due to poor communica- version. Personal notification of test results sponsors of H.R. 4382 in asking that the Sen- tion can have adverse consequences for in terms women can understand can help ate pass the House passed MQSA reauthor- women and their doctors. For women, it can save lives and should be part of final legisla- ization into law this year. mean fewer treatment options and reduced tion. We urge Congress to pass a final bill chances at survival. For physicians, commu- this session. nication failures represent system failures September 21, 1998. Thank you for your concern and efforts on and, consequently, failures to meet the needs Hon. THOMAS J. BLILEY, Jr., this important issue of public health. of their patients. Thus, direct notification Chairman, Committee on Commerce, Sincerely, establishes that the interpreting physician, U.S. House of Representatives. SUSAN N. NATHANSON, PH.D., the referring physician and the woman all Hon. MICHAEL BILIRAKUS, Executive Director, play a role in ensuring that appropriate fol- Chairman, Subcommittee on Health and the En- Y–ME National Breast Cancer Organization. vironment. low-up takes place. ‘‘Once again, on behalf of the American DEAR GENTLEMEN: The National Alliance of Breast Cancer Organizations (NABCO) is ex- STATEMENT BY JENNIE R. COOK, AMERICAN Cancer Society, I want to thank the U.S. tremely grateful for your continued support CANCER SOCIETY BOARD CHAIR, ON PENDING Congress for taking up this important legis- of the National Mammography Quality ACTION ON THE MAMMOGRAPHY QUALITY lation, and I urge the U.S. Senate to pass HR Standards Act and efforts to assure its reau- STANDARDS ACT 4382 in time for National Breast Cancer thorization as soon as possible. Additionally, ‘‘Good afternoon. I’m Jennie Cook, Chair- Awareness Month in October.’’ we were pleased by the outcome of the Com- man of the National Board for the American f mittee’s August 5th deliberations and report Cancer Society. Let me first begin by saying including certain amendments, and have en- that it is an honor to be here today with so FISH AND WILDLIFE REVENUE couraged Senators Jeffords, Kennedy, and many distinguished members of Congress. On ENHANCEMENT ACT OF 1998 Mikulski to promote the adoption of the behalf of the American Cancer Society, I House language into the Senate bill. In our want to thank the U.S. Congress for all ef- SPEECH OF opinion, the House Commerce Committee’s forts to promote the highest standards in amendments offer strong enhancements to quality mammography. I also want to thank HON. DAVID E. SKAGGS the original language of the Act and will Chairman Bliley and Representative Bili- OF COLORADO benefit women throughout the country by rakis and many other key members of the IN THE HOUSE OF REPRESENTATIVES further improving the quality of their mam- committee for making this event possible. mography screening. Without their leadership, we wouldn’t be Friday, October 9, 1998 First, an increasing number of women are here today. Mr. SKAGGS. Mr. Speaker, I rise in support ‘‘One of the first lines of defense in the now receiving the results of their mammo- of this bill. It's essentially identical to one (H.R. grams directly from their mammography fight against breast cancer has been to en- provider, but it is not mandatory for the pro- courage screening, earlier diagnosis and 2291) I introduced last year to improve the viders to do so in most cases. In the unani- prompt appropriate treatment. The Amer- ability of the Fish and Wildlife Service to carry mous opinion of the Quality Determinants of ican Cancer Society strongly believes that out its responsibilities in Colorado and around Mammography Guideline Panel convened by every woman in this country has a right to the country. I'm glad my colleague Senator the Agency for Health Care Policy and Re- a mammogram of the highest standards of ALLARD chose to carry the bill in the Senate. search ‘‘A report should be sent to the health quality, and we are committed to seeing that The Service is responsible for storage and care provider and results passed on to the all women have access to high quality mam- disposal of a great variety of fish and wildlife mography, as well as other medical interven- woman.’’ NABCO strongly supports every and wildlife-related items that come into fed- woman’s right to receive the results of her tions that have been convincingly shown to screening mammogram directly, in a timely reduce morbidity and mortality from breast eral ownership under a variety of laws. manner, and in language that is meaningful cancer. Hundreds of thousands of these items are to her. ‘‘The five-year survival rate for a woman collected at two facilities in Commerce City, Second, although the implementation of with localized breast cancer has risen to Colorado. Most are in the National Wildlife the Act is not yet fully realized, lessons about 97 percent today, largely through the Property Repository, while dead eagles and learned from the on-site inspection process advent of early detection of the disease. The eagle parts (including feathers) go to the Na- highlight the opportunity to improve on the potential for early detection to be effective tional Eagle Repository. is an empty promise if the quality of mam- efficiencies of resources dedicated to assur- From the general repository, the Service ing the high standards of mammography mography is low. Since early detection is so quality the Congress intended. To that end, important, all women should feel confident makes many items available to other agencies we support the concept of demonstration that mammography facilities in their com- and to museums, zoos, schools and colleges projects which will provide further analysis munities achieve high standards. Just last for scientific, education, and official purposes. of the relationship between duration and fre- week, the U.S. House of Representatives From the Eagle Repository, eagles and eagles quency of those on-site inspections. helped make this goal achievable through parts are made available to Native Americans Finally, the provision strengthening the the continuation of Mammography Quality for religious purposes. independent and objective role of reviewing Standards Act. These distributions meet a real need. In ‘‘The Mammography Quality Standards mammographers lends further credence to 1996, the eagle repository filled more than the specific training they receive, which Act, or MQSA, represents an important mile- women want, deserve and expect from facili- stone in the fight against breast cancer. 1,300 requests, while between July, 1995 and ties certified by the Federal Government. Women can now continue to have confidence February, 1997 more than 5,700 items were Many thanks for your support of the breast in the quality of their mammograms because shipped from the general repository to organi- cancer cause. Please do not hesitate to con- mammography facilities are being certified zations around the nation. CONGRESSIONAL RECORD — Extensions of Remarks E2075 But many more items come into the general port this legislation. We must do whatever we via the Interactive Video and Data Service repository than are needed for such distribu- can to keep children safe. (IVDS). tion. Under applicable law, the Service has to f The Federal Communications Commission retain some of these items that aren't distrib- demonstrated sound judgment in granting lim- uted. But others can be soldÐand that's TRIBUTE TO ALLSTATE HISPANIC ited ``experimental authority'' to such stations where this bill comes in. MARKETING TEAM to develop alternative approaches for offering Under current law, proceeds from sales of to the general public digital data services, in- these unneeded items can be used for re- HON. BRAD SHERMAN cluding wireless Internet access at reasonable wards and for some storage costs, but can't OF CALIFORNIA prices, and I want to make their authority per- be used to defray the costs of the sales them- IN THE HOUSE OF REPRESENTATIVES manent. selves. This bill would change this so that the Saturday, October 10, 1998 In its short period of existence, the Internet Service could use the money from the sales to has grown to become an important medium pay for the appraisals, auction expenses, and Mr. SHERMAN. Mr. Speaker, I rise before for the conduct of commerce, the education of other costs of those sales, as well as for proc- you today to pay tribute to the Allstate His- our children, and the maintenance of the in- essing and shipping of items and for any steps panic Marketing Team and Advertising and formed and enlightened electorate necessary needed to clear title to them. Brand Development Group for their vision and to a free society. Given its status in the United It's estimated that in the first year after en- commitment to better serve the needs of States as a substantial educational, pro- actment, the bill will generate about a million Latino community. motional, commercial and distribution channel, dollars in additional funding for the Service. President Kennedy once said, ``For those to the Internet is one of the engines which is That will help make these programs more self- whom much is given, much is required.'' This driving the United States economy to record supporting, cutting red tape and making it recognition is to honor the individuals who levels of productivity and employment. easier for the Service to carry out these impor- have exemplified such leadership, volunteer- One of the shortcomings of the technology tant activities. ism, and dedication. Committed to their indus- is that it is wire bound. Through the efforts of The bill would not authorize sales of any try leadership stance, these Allstate leaders the Federal Communications Commission and items that can't be sold now, and it would not have activity engaged in building relationships private entrepreneurs, however, that short- change any of the other rules regarding pro- with organizations in meaningful ways to de- coming is being ameliorated. There are cur- tection or management of fish or wildlife. velop solutions that make a positive difference rently a number of low-power television sta- I think it's good sense as well as good gov- for individuals and communities. tions in the United States which have obtained ernment. I'm glad that the Senate has now Pioneering programs that range from the experimental authority to provide Internet serv- passed this companion measure, and I urge development of the ``En Buenas Manos'' ice because this service is an innovative use the House to concur and clear the bill for sign- (Good Hands) Award which commemorates of the spectrum which will benefit the public. individuals who volunteer their time and en- ing into law. It is the policy of the United States, as evi- ergy to improve the quality of life in the Latino Finally, let me remind my friend from Cali- denced by the provisions of Sections 7, 10, community, to the sponsorship of national fornia that this bill really originated on this side 11, and 273 of the Communications Act of events such as the National Council of La of the aisle. Equitable treatment of minority 1934, as amended, to remove barriers to entry Raza Conference (NCLR), and the Olmos legislation on the suspension calendar is an and to foster innovation in the telecommuni- Latino Book and Family Festival is what sets objective I share. However, this bill is cations marketplace. The legislation I am intro- Allstate apart. bipartismÐand it should pass. ducing today is designed to ensure that these The list of cultural and civic Hispanic events f low power stations offering Internet service in which Allstate and its vast network of may continue to provide the public with high INTERNATIONAL CHILD LABOR agents participate as individuals and as a speed wireless Internet access. RELIEF ACT OF 1998 company is long, and includes festivals, pa- Recent history of telecommunications aptly rades, conferences, and other national and SPEECH OF illustrates the demand and utility of wireless local events of special interest. access. Wireless telecommunications has In addition to its commitment to providing its HON. SHEILA JACKSON-LEE been a substantial enhancement to the United customers with the highest levels of service, OF TEXAS States economy. Wireless Internet access Allstate, through its Hispanic Marketing Team IN THE HOUSE OF REPRESENTATIVES promises even greater but similar economic and Advertising and Brand Development Thursday, October 8, 1998 benefits. Use of low-power television stations Group, has forged relationships and spear- for wireless Internet access would facilitate the Ms. JACKSON-LEE of Texas. Mr. Speaker, headed programs that deal with issues such provision of the Internet to schools and public I rise to speak in support of the International as housing and community development, edu- libraries without the necessity for expensive Child Labor Relief Act today. cation, employment and job training, immigra- rewiring of those facilities. For these reasons, This bill authorizes the payment of $30 mil- tion, health and safety, and leadership. there is substantial public interest benefit in lion for FY 1999, 2000 and 2001 for the U.S. Mr. Speaker, distinguished colleagues, encouraging the provision of wireless Internet Labor Department, to be used as the U.S. please join me in paying tribute to the Allstate access. contribution to the International Labor Organi- Hispanic Marketing Team and the Advertising zation for the activities of the International Pro- and Brand Developing Group. They have I anticipate that the subcommittee on tele- gram on the Elimination of Child Labor. shown unwavering commitment to the commu- communications will take this matter up early According to UNICEF statistics, between nity and deserve our recognition and praise. next year. I ask my colleagues to join me in 200,000 and 250,000 child laborers exist ``Con Allstate . . . Usted Esta En Buenas supporting this effort. worldwide, 95% of whom are in under- Manos.'' f developed countries. The total includes chil- f dren working on family farms and other ASSISTIVE TECHNOLOGY ACT OF THE DIGITAL DATA SERVICES ACT argibusinesses, in factories and perhaps most 1998 tragically in the sex industries. OF 1998 Countries including India, Nepal, Pakistan, SPEECH OF parts of Central American and Burma many HON. W.J. (BILLY) TAUZIN young girls and young women are forced into OF LOUISIANA HON. CONSTANCE A. MORELLA prostitution. In Sudan and Mauritania, thou- IN THE HOUSE OF REPRESENTATIVES OF MARYLAND sands of ethnic minority children have been IN THE HOUSE OF REPRESENTATIVES kidnaped and sold into slavery. We are all Saturday, October 10, 1998 Friday, October 9, 1998 aware of the problems worldwide of child labor Mr. TAUZIN. Mr. Speaker, I am today intro- and child abuse. ducing legislation to assure that a duly li- Mrs. MORELLA. Mr. Speaker, I am very Last year, I supported Representative LAN- censed low powered television station may uti- pleased that yesterday the House passed TOS' legislation, H.R. 1870, The Young Amer- lize its authorized spectrum to offer to the pub- S. 2432, the Assistive Technology Act of ican Worker's Bill of Rights, in order to set lic digital-based interactive broadcast services, 1998. The bill, with its House amendments, minimum standards for protecting children in and wireless Internet access, one or two way, will soon be brought before the Senate for its the workplace. I urge my colleagues to sup- portable or fixed, or connection to the Internet consideration and I look forward shortly to its E2076 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 enactment and signature into law by the Presi- In the 10 years since the enactment of the care and its effect on the continued solvency dent. Tech Act, every State has established pro- of the program. One of the changes made in In June of this year, I introduced H.R. 4603, grams that promote assistive technologies to the Balanced Budget Act of 1997 was to move the Assistive and Universally Designed Tech- individuals with disabilities. For example, a Medicare home health care reimbursement to nology Improvement Act for Individuals with very successful partnership has been estab- a prospective payment system (PPS). Since Disabilities. H.R. 4603 was also introduced in lished with my home state of Maryland to help there were impediments to going to a PPS im- the Senate as S. 2173, offered by my distin- people with disabilities access assistive tech- mediately, an interim payment system (IPS) guished Senate colleague from Missouri, Mr. nology services and devices. was established for reimbursement to home Bond. I am very pleased that S. 2432 incor- Additionally, the Assistive Technology Act health care agencies. As stated above, the porates a number of provisions from my bill, will help States establish and strengthen sys- IPS has caused problems for many agencies, H.R. 4603. tems to inform people with disabilities in deter- especially newer agencies. The problems with Mr. Speaker, my Technology Subcommittee mining their best technology options. While the IPS and the fact that HCFA recently an- has held two hearings, and two exhibitions, in there has been a great deal of progress in the nounced that they will not meet the original this Congress on the need to promote greater creation of new assistive technologies, infor- October 1, 1999 date set for the PPS to be access to technology for people with disabil- mation about these devices is difficult to find enacted required Congressional action to ities. The testimony from the hearings dem- and inconsistent. The Act would authorize the straighten out some of the problems with the onstrated that clear need. development of a national, on-line resource IPS. As a result of the hearings, the Technology and distance learning center for people with There are obviously some bad actors in Subcommittee was impressed with the need disabilities. The Act also offers an on-line home health care, but there are many more for a greater emphasis to develop assistive website to inform the disabled community of good ones. I do not believe it was the Con- technologies. Yet, the area of assistive tech- newly created assistive technology devices. gress' intention for good operators to be pun- nology is greatly overlooked by the Federal Mr. Speaker, assistive technologies are ished by regulations that are too punitive. The Government and the private sector. being used to increase, maintain, and improve honest providers who want to provide quality While the importance of assistive tech- the functional capabilities of individuals with care should not be penalized. nologies spans age and disability classifica- disabilities. By encouraging the development The legislation considered by the House tions, assistive technologies still do not main- of assistive technologies, we are offering peo- makes a move in the right direction. I com- tain the recognition in the Federal Government ple with disabilities the abilities they all seekÐ mend the principals involved, Ways and necessary to provide important assistance for the ability to successfully compete in the mod- Means Chairman BILL ARCHER and Health research and development programs or to in- ern workplace and the ability for independence Subcommittee Chairman BILL THOMAS, as well dividuals with disabilities. The private sector in the home. I urge my colleagues to support as Commerce Chairman TOM BLILEY and generally lacks adequate incentives to this important bill and I will work towards en- Health Subcommittee Chairman MICHAEL BILI- produce assistive technologies and end-users actment of this worthy legislation. RAKIS, on achieving some legislative relief for lack adequate resources to acquire assistive f the home health agencies in my state as well technology. as across the country. It is also believed that there are insufficient MEDICARE HOME HEALTH AND I do not believe that I am alone in the senti- links between federally funded assistive tech- VETERANS HEALTH CARE IM- ment that we will be revisiting the home health nology research and development programs PROVEMENT ACT OF 1998 care issue in the 106th Congress for there are and the private sector entities responsible for additional issues yet to be considered. I do SPEECH OF translating research and development into sig- support this home health package and its con- nificant new products in the marketplace for HON. JOE BARTON tribution towards a workable, efficient, and end-users. Accordingly, new partnershipsÐin- OF TEXAS common sense solution for home health care volving the public and private sectorsÐmust IN THE HOUSE OF REPRESENTATIVES agencies across this country. be formed to aid Americans with psychical dis- Friday, October 9, 1998 f abilities improve their quality of life and pro- vide a means for acquiring a job to become Mr. BARTON of Texas. Mr. Speaker, I INTERNATIONAL ANTI-BRIBERY self-sufficient. would like to express my support for legisla- AND FAIR COMPETITION ACT OF The Assistive Technology Act of 1998 legis- tion passed by the House of Representatives 1998 lates a number of recommendations made in on October 9, 1998, H.R. 4567, ``The Medi- my Technology Subcommittee hearings. We care Home Health Care Interim Payment Sys- SPEECH OF heard of the need to promote greater interest tem Refinement Act,'' as it was amended by HON. BENJAMIN A. GILMAN in assistive technologies, to enhance invest- the Commerce Committee. This legislation will OF NEW YORK ment opportunities by the Federal Govern- remedy some of the problems the home IN THE HOUSE OF REPRESENTATIVES ment, as well as public and private entities, in health agencies in my state and district are addressing the unmet technology needs of in- facing with the interim payment system Friday, October 9, 1998 dividuals with disabilities, and to allow for in- passed in the Balanced Budget Act of 1997. Mr. GILMAN. Mr. Speaker, I rise in support creased methods by which individuals with The state of Texas is a unique state in more of H.R. 4353, ``The International Anti-Bribery disabilities could purchase assistive tech- ways than one. We have a very large and and Fair Competition Act'' and ask permission nologies. This bill would do just that. ever-growing population. We also have a very to revise and extend my remarks. The Act builds on the success of the Tech- high number of ``new'' home health agencies, This legislation provides the underlying au- nology-Related Assistance for Individuals with meaning agencies established after October 1, thorities for the implementation of the Anti- Disabilities (known commonly as the ``Tech 1994. According to the September 1998 Gen- Bribery Convention of the Organization for Act'' or as Public Law 100±407) that we en- eral Accounting Office report to Congress on Economic Cooperation and Development acted back in 1988. The Tech Act supports all Home Health Agency Closures, Medicare-cer- which criminalizes the bribery of foreign public 50 States in providing for the technology tified home health agencies in Texas grew officials. needs of our nation's 49 million disabled citi- from 961 agencies in 1994 to 1,949 agencies I would like to compliment the principal zens, focuses the Federal investment in tech- in 1997. According to that same report, 134 sponsor of this legislation, the gentleman from nology that could benefit individuals with dis- agencies have closed recently, leaving the Virginia, Chairman BLILEY, for his leadership in abilities, and supports micro-loan programs to state with 1,758 agencies as of August 1, this issue and for his assistance and coopera- provide assistance to individuals who desire to 1998, still more, many more agencies than ex- tion in including reporting provisions that en- purchase assistive devices or services. isted in the state in 1994. As you can see, sure that the administration carefully monitors Title I of the Assistive Technology Act au- Texas, as opposed to a state like New Hamp- the implementation of this OECD Convention, thorizes funding for a number of grant pro- shire which has only 46 home health agen- that it be updated and amended to include grams for five years, from fiscal years 1999 cies, has been affected greatly by the interim other officials, including political parties, party through 2004, extending the Tech Act after its payment system. officials or candidates, and that nongovern- sunset this year. Under the Act, States will be One issue I have been very involved with as mental groups such as Transparency Inter- able to continue the successful programs of the Chairman of the House Commerce Sub- national have a role in the review process. technology assistance that has served the dis- committee on Oversight and Investigations is Mr. Speaker, since the Foreign Corrupt abled community well for the past decade. the problem of fraud and abuse in the Medi- Practices was adopted in 1977, the U.S. was CONGRESSIONAL RECORD — Extensions of Remarks E2077 the only country that prohibited the practice of What do we say to the 100-plus prison in- TRIBUTE TO ALLSTATE bribery of foreign officials. mates who are behind bars for their failure to INSURANCE COMPANY From the point of view of our Committee, tell the truth in courtrooms if we abdicate our fighting corruption on an international basis is duty to further investigate this President? HON. BRAD SHERMAN important for reasons beyond just ``levelling What do we say to Susan McDougal, a friend OF CALIFORNIA the playing field'' for business. of Mr. Clinton's who languished in prison for It is also important because corruption, in 18 months after refusing, like our President, to IN THE HOUSE OF REPRESENTATIVES and of itself abroad harms American interests. fully answer the questions of a grand jury? Do Saturday, October 10, 1998 Corruption of public officials abroad under- we tell them that our President is above the Mr. SHERMAN. Mr. Speaker, I rise to ac- mines democracy and retards development: law? knowledge the Allstate Insurance Company for funds are diverted from the intended use into More importantly, what do we say to those its leadership and dedication to enhance the the hands of ruling elites who perpetuate their who are victims of such perjury in the future? lives of the members of the communities it power. This is truly a vicious circleÐone that Do we tell them justice does not matter and serves and for its strategic commitment to the has to be broken. lies under oath are no longer really important? Even though it has taken decades for the diverse Hispanic community. Today Allstate is Mr. Speaker, Justice is blind so she cannot the leading national company among His- world to begin to follow our unilateral effort, be influenced by the sight of who is before and I stress the word ``unilateral'', I believe the panics for auto, property, and life insurance. her, no matter how exalted an office he may The Allstate Insurance Company and its prize is worth having. hold. Her scales are balanced so that all be- With The passage of this implementing leg- agent network have a long heritage of caring fore her are treated equally. If a man who and commitment. For over sixty years Allstate islation today I am pleased that we will soon holds the highest office of trust the people of be taking part in a 29-nation OECD-led effort has actively supported the community by es- this Nation can bestow mayÐwith impunityÐ tablishing ``Helping Hands'' activities, the phil- toward this same goal. It is critical that we unbalance those scales through perjury, none pass this important legislation so the U.S. can anthropic efforts of the Allstate Foundation, of our fine legal and judicial institutions mean programs such as the Allstate Giving Cam- continue to take the lead in ensuring that brib- anything other than a cynical farce. ery and corrupt practices be driven from the paign and All-American City Awards, and by The President is still presumed innocent. By their participation in the President's Summit for international marketplace. voting for this resolution, I am not voting for a Accordingly, I urge the adoption of this America's Future and important working rela- rush to judgment or a preordained result. That measure. tionships with the National Council of La Raza would be just as much an abuse of the proc- f (NCLR). HAPCOA (Hispanic American Police ess as ignoring the charges because they are Commanders Association) and SER (Service, AUTHORIZING THE COMMITTEE ON made against the President. The Independent Employment and Redevelopment). THE JUDICIARY TO INVESTIGATE Counsel has presented his report and the evi- Add to this the more than one million hours WHETHER SUFFICIENT GROUNDS dence supporting it cites possible impeachable Allstate employees and their families volunteer EXIST FOR THE IMPEACHMENT offenses. The President has the right to annually to shelters, hospitals, soup kitchens, OF WILLIAM JEFFERSON CLIN- present his formal defense. But for him to do schools, and places of worship and we see TON, PRESIDENT OF THE UNITED so, there must be an inquiry. That is why we how Allstate keeps the tradition of giving alive. STATES must pass this resolution. Throughout its history the company has

SPEECH OF f been tirelessly involved in providing time and financial resources to civic, charitable, humani- HON. VINCE SNOWBARGER CONFERENCE REPORT ON H.R. 3874, tarian, government, and educational causes as OF KANSAS WILLIAM F. GOODLING CHILD well as safety and prevention programs that IN THE HOUSE OF REPRESENTATIVES NUTRITION REAUTHORIZATION target teen drivers, fire prevention, theft, and Thursday, October 8, 1998 ACT OF 1998 child, property, and home safety. Becoming a major sponsors of the 1998 Mr. SNOWBARGER. Mr. Speaker, I rise in SPEECH OF support of H. Res. 581. The House Judiciary Latino Book and Family Festival and support- Committee must hold a formal inquiry into HON. SHEILA JACKSON-LEE ing Edward James Olmos' efforts to link cul- whether the charges set forth by the Inde- OF TEXAS ture through literacy and education, further pendent Counsel are sufficient grounds for the IN THE HOUSE OF REPRESENTATIVES demonstrates the Allstate commitment to sup- port programs that are of importance to their impeachment of the President of the United Thursday, October 8, 1998 States. customers and to each of us. We shirk our constitutional duty as Members Ms. JACKSON-LEE. Mr. Speaker, thank you Mr. Speaker, distinguished colleagues, of the U.S. House of Representatives if we for the opportunity to speak on this important please join me in paying tribute to the Allstate bury our heads in the sand in the face of evi- bill. This program, the Women, Infants and Insurance Company, a role model of good cor- dence that the PresidentÐhaving sworn an Children nutrition program provides nutrition porate citizenship for Corporate America. oath to tell the truth, the whole truth and noth- education and supplemental food to low-in- ing but the truthÐmay have committed perjury come pregnant and post-partum women, in- f fants and children up to age five. The purpose before a Federal judge and before a grand MONEY LAUNDERING AND FINAN- of the bill is to reauthorize through the year jury, may have involved other administration CIAL CRIMES STRATEGY ACT OF 2003, the WIC nutrition program. It also con- officials in a cover-up, and may have con- 1998 spired to suborn perjury. tains other provisions including breastfeeding promotion which I have supported through my The President's apologists on the other side SPEECH OF of the aisle are quick to point out that Mr. Clin- co-sponsorship of the Lactation in the Work- ton's admitted pattern of lies were to cover up place Act. HON. JAMES A. LEACH an affair with a White House intern. The lies This program will also reauthorize a national OF IOWA with which we are concerned were not to his summer food program for children of low in- IN THE HOUSE OF REPRESENTATIVES family. Let us face the fact that his lies also come families, because children need to eat Monday, October 5, 1998 were a deliberate effort to subvert justice in a even when they are out of school. In my opin- sexual harassment suit filed against him by ion, Mr. Speaker, there is nothing more impor- Mr. LEACH. Mr. Speaker, I would like to in- another workplace subordinate. He was a de- tant than making sure our children and our clude for the RECORD the following statement fendant, trying to dodge a judgment by fudging families are safe and healthy. memorializing an understanding between the the truth. WIC provides our children with the basics Committee on Commerce and the Committee To ignore the President's transgressions, to they need. This is not a luxury program, it is on Banking and Financial Services relating to allow this President to escape the scrutiny he a necessity, and we must continue to reau- a specific provision of H.R. 1756: has earned by his own actions, would be to thorize it! Section 2 of H.R. 1756 amends Chapter 53 establish a precedent in which perjury by fu- I cannot imagine that anyone would vote of Title 31 of the United States Code to direct ture elected officials would be permissible. against this bill that keeps our children fed, the Secretary of the Treasury to ``regularly re- That is not tolerable in a nation based on the and helps our families survive. Thank you for view enforcement efforts under this sub- sanctity of law. the opportunity to speak here today. chapter and other provisions of law and, when E2078 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 appropriate, modify existing regulations or pre- TRIBUTE TO THE HONORABLE his leadership, his dedication and his tireless scribe new regulations for purposes of pre- GERALD SOLOMON (R–NY) efforts toward this cause will continue to serve venting'' money laundering and related finan- as an inspiration to those of us left behind. cial crimes. On June 25, 1998, the distin- SPEECH OF I wish to offer my very best wishes to JERRY guished Chairman of the Committee on Com- HON. FLOYD SPENCE and his wife, Frieda, and their family as he merce, Mr. Bililey, wrote me to express the OF SOUTH CAROLINA pursues what I am sure will be another distin- concern that ``such a broad mandate could be IN THE HOUSE OF REPRESENTATIVES guished career in the years ahead. I person- interpreted to authorize the Secretary of the ally will miss his friendship and guidance, but Tuesday, October 6, 1998 Treasury to review enforcement actions under I know that this fighting spirit will remain in this the Federal securities laws or to modify regu- Mr. SPENCE. Mr. Speaker, it is with a great chamber long after his departure. As a fellow lations promulgated pursuant to the Federal sense of personal pleasure that I join in this former member of the maritime services, I securities laws, or to grant the Secretary of tribute to a truly exceptional Member of Con- offer JERRY the traditional navy fond farewellÐ the Treasury new or additional authority to gress, United States Marine, and American ``Fair Winds and Following Seas!'' prescribe regulations applicable to entities that patriot, the gentleman from New York, JERRY f are regulated pursuant to the Federal securi- SOLOMON. After 20 years of dedicated service ties laws.'' in Congress, JERRY has chosen to retire for a CONFERENCE REPORT ON S. 2206, COATS HUMAN SERVICES REAU- In response, I hereby affirm that it is not the truly honorable and understandable causeÐto THORIZATION ACT OF 1998 Banking Committee's intent for the language spend more time with his beloved family. As a friend, colleague and longtime fan, I in Section 2 to grant the Secretary of the SPEECH OF Treasury any new or additional authority over find it difficult to find the words to properly ex- entities that are regulated pursuant to the Fed- press the many contributions JERRY has made HON. SHEILA JACKSON-LEE eral securities laws, or to require or encourage to his country, the military and this institution. OF TEXAS the Secretary of the Treasury to review en- JERRY served as a United States Marine dur- IN THE HOUSE OF REPRESENTATIVES ing the Korean War. His military service forcement actions under the Federal securities Thursday, October 8, 1998 laws or to modify, or recommend the modifica- marked the beginning of a lifetime of service tion of, regulations promulgated under the and commitment to a strong national defense Ms. JACKSON-LEE of Texas. Mr. Speaker, Federal securities laws. and to the welfare of our armed forces. When- I rise today to express my support for the ever and wherever there was a debate or a Conference Report on Coats Human Services f reason for this House to act to protect or ad- Reauthorization Act because its good for our vance the cause of American national security, working families and good for our children. TRIBUTE TO MARK BERRY you could always count on finding JERRY SOL- The Conference Report reauthorizes the OMON in the thick of it, fiercely determined and Head Start, Community Services Block Grant, dedicated to ensuring we not sacrifice or place and Low-Income Home Energy Assistance HON. MARION BERRY in danger our most precious commoditiesÐour Program through Fiscal Year 2003. OF ARKANSAS freedom and liberty in a dangerous world. The purpose of this legislation is to promote IN THE HOUSE OF REPRESENTATIVES I can state without equivocation that there school readiness by enhancing the social and has been no greater advocate for the brave cognitive development of low-income children, Saturday, October 10, 1998 men and women in uniform who stand at the to low-income children and their families, of Mr. BERRY. Mr. Speaker, I rise today to ready to protect the freedoms that we enjoy. health, educational, nutritional, social, and recognize a great American. Mark Berry is the Whether fighting to protect veterans benefits, other services based on a families needs. kind of man that has made this country the the integrity of the selective service or ade- The Conference Report will provide assist- great Nation it is today. He works hard, plays quate resources for our military, JERRY has al- ance to States and local communities, working by the rules, and asks only to be given a ways worked to ensure that the Congress ful- through a network of community action agen- chance. fills its greatest Constitutional dutyÐto provide cies and other neighborhood-based organiza- Mark is a man who started literally from for the defense of this nation. tions, for the reduction of poverty, the revital- scratch, with little more than the great heritage As the Chairman of the House National Se- ization of low-income communities, an the em- we share, and built a nice farm and agri- curity Committee, I have been particularly powerment of low-income families and individ- business. He is a leader in his Church, com- blessed to be able to turn to Chairman JERRY uals in rural and urban areas to become fully munity, and his profession that he loves so. SOLOMON for the past four years for help and self-sufficient. In addition, this legislation will His accomplishments also include bringing guidance in bringing the annual national de- strengthen a community ability for planning three wonderful children into the world and fense authorization bills before the Rules and coordinating the use of a broad range of raising them to be successful adults and pro- Committee and the House floor. Our Commit- Federal, State, local, and other assistance re- ductive citizens. Their heritage will be his good tee's record of success on the House floor can lated to the elimination of poverty, so that this name. be largely attributed to JERRY's tireless com- assistance provided for in this report can be He is the kind of man that always does mitment to a fair and open process coupled used in a manner responsive to local needs. much more than his share when there is a with an unmatched devotion to our American The development and implementation of need. He never asks, ``Do I owe it to them?'' men and women in uniform and commitment these programs designated to serve low-in- only ``Do they need my help?'' His generosity to maintain a strong defense. come communities and groups with the maxi- These efforts have been particularly impor- knows no bounds. mum feasible participation of residents of the tant in a time when most Americans take to- communities and members of the groups He follows the tradition of his father in day's economic prosperity and relative global teaching generations of young people how to served, so as to best stimulate and take full peace for granted. JERRY has always recog- advantage of capabilities for self-advancement hunt and fish and is much beloved because of nized the important role that a strong U.S. this. His skills in this area are considerable and assure that the programs are otherwise military plays in maintaining America's global meaningful to the intended beneficiaries of the partly because he assigns a high priority to leadership. He truly understands that the end pursuing this avocation. He is the kind of man programs. of the Cold War was not the end of a dan- f that a mother and father will look upon and gerous world. Indeed, the end of the Soviet say ``He is my son and I am so proud of him.'' Union meant only that the many threats to IN MEMORY OF VENTURA AND Lloyd and Eleanor Berry, I am sure, absolutely U.S. national security, including regional un- LOS ANGELES COUNTY’S FALLEN burst with pride today. rest, terrorism, proliferation of weapons of OFFICERS His community of Bayou Meto has benefited mass destruction, and ethnic violence, would from his service for all of his years and this no longer be contained by the Cold War. HON. BRAD SHERMAN world is a better place because he is here. JERRY's departure from this House will be a OF CALIFORNIA Mark and I have been associated in busi- loss to this nation. He will leave behind a huge IN THE HOUSE OF REPRESENTATIVES ness for all our adult lives and have never had and difficult gap to fill in the contingent of a cross word. members dedicated to the honorable but in- Saturday, October 10, 1998 It is my good fortune for him to be my broth- creasingly frustrating cause to halt the further Mr. SHERMAN. Mr. Speaker, I rise today to er whom I love dearly. erosion of U.S. military capability. However, pay tribute to seven law enforcement officers CONGRESSIONAL RECORD — Extensions of Remarks E2079 who have fallen in the line of duty over the AUTHORIZING THE COMMITTEE ON AUTHORIZING THE COMMITTEE ON past twenty-two months. THE JUDICIARY TO INVESTIGATE THE JUDICIARY TO INVESTIGATE Police officers undertake a solemn oath to WHETHER SUFFICIENT GROUNDS WHETHER SUFFICIENT GROUNDS protect and serve their fellow citizens and, if EXIST FOR THE IMPEACHMENT EXIST FOR THE IMPEACHMENT necessary, sacrifice their lives to fulfill this OF WILLIAM JEFFERSON CLIN- OF WILLIAM JEFFERSON CLIN- duty. The following seven brave individualsÐ TON, PRESIDENT OF THE UNITED TON, PRESIDENT OF THE UNITED Officer Charles Andrew Lazzaretto, Officer STATES STATES Van Derrick Johnson, Deputy Sheriff Shayne SPEECH OF Daniel York, Deputy Sheriff Michael Lee Hoenig, Police Officer Steven Gerald Gajda, SPEECH OF HON. SOLOMON P. ORTIZ Officer Filbert Cuesta, and Ventura County OF TEXAS Senior Deputy Lisa D. WhitneyÐhave paid the HON. DEBBIE STABENOW IN THE HOUSE OF REPRESENTATIVES ultimate price for the preservation of public OF MICHIGAN Thursday, October 8, 1998 safety and civility in the cities of my district. IN THE HOUSE OF REPRESENTATIVES Mr. ORTIZ. Mr. Speaker, throughout this Selflessly, they dedicated their lives to pro- whole unseemly matter, I have tried des- tecting others and serving our communities. Thursday, October 8, 1998 perately to cling to the dignity of the instruction Like their colleagues across the country, they Ms. STABENOW. Mr. Speaker, today, Mem- of the Constitution to guide my actions. I have carried out their duties each day with courage carefully weighed the evidence we have seen bers of the United States House of Represent- and honor. Without trepidation, they con- so far: the Referral from the Office of Inde- atives will make a critical decision affecting the fronted the dangers inherent in their line of pendent Counsel (OIC), the President's taped work and ultimately gave their lives in the lives of the people we represent. Men and testimony, and the reams of evidence in sup- service of our community. To these brave women, young and old, who work hard every- port of the OIC Referral. As a grand juror in souls we extend our gratitude. To their fami- day and care about their families want us to this process, evaluating the evidence carefully, lies, we extend our most heartfelt sympathies deal with President Clinton's irresponsible be- and privately, is consistent with my constitu- and appreciation. Their memories will linger in havior and lack of truthfulness in a fair and re- tional role. our hearts. Their sacrifices have not been in sponsible manner. And, they want us to do so Today, the House allows the Judiciary Com- vain. as quickly as possible so that we can return mittee to move forward on the investigatory Mr. Speaker, distinguished colleagues, to the important issues affecting their families. phase of the impeachment process. We are please join me in remembering these seven They also want us to rise above partisan self- not voting on impeachment; that is the duty of the Senate. We are not quite yet to the actual members of the law enforcement community interest and do what's best for the countryÐ who, like so many others before them, have grand jury phase of this process; we are at the not as Democrats and Republicans, but as given their lives to protect others, doing so point where Congress' prosecutors and inves- with unrivaled courage, valor, and honor. Americans. tigators are asking to complete that part of the I am deeply concerned that this Congress Constitutional obligation. My vote today is f will not meet that test today. We have two pro- based on only what the OIC has referred to posals before us. The question is not whether us. COMMEMORATING THE 150TH ANNI- or not to proceed, but how to proceed. One It is important to complete the process. We VERSARY OF PEAPACK RE- should be fair. We have yet to see witnesses proposal gives us the opportunity to come to- FORMED CHURCH deposed or cross-examined, nor weighed ad- gether in a bipartisan way and vote to begin ditional evidence. Today the House has a an inquiry into impeachment on the issues choice, to investigate only what the OIC re- HON. MICHAEL PAPPAS raised in the Starr Report, and to bring this in- ferred to us and be finished by the end of the OF NEW JERSEY quiry to conclusion by the end of this year. year, or to continue the steady drumbeat of IN THE HOUSE OF REPRESENTATIVES The Republican alternative is an open- those things already investigated by the FBI, ended, unchecked process that could continue the OIC and the Congress. There is no need Saturday, October 10, 1998 throughout the next Congress with no require- for such a shotgun approach. Today's vote is in deference to the Constitu- Mr. PAPPAS. Mr. Speaker, I rise today to ment to limit its focus on the issues formally tion. No one will report this, but that Constitu- congratulate the congregation of Peapack Re- presented by the Special Prosecutor. In all tional deference should be the single most im- formed Church as they celebrate their 150th good conscience, I cannot endorse this proc- portant point made in analyzing Democratic anniversary. ess since I sincerely do not believe it is in our votes on either plan to continue the investiga- The church is part of the Dutch Reformed nation's best interest. It is not in the interests tion. The House vote to analyze, for those Church in the U.S.A., the oldest Protestant de- of the families I represent to put our country who wish to do that, is the next full House nomination in this country founded when the in suspended animation for months and vote; that will speak to the actual question of Dutch settled in New Amsterdam. Peapack months when we have the ability to bring this impeachment. Reformed Church originally met in meeting to a responsible conclusion this year. My votes today, for democratic alternative houses throughout the Peapack-Gladstone and in opposition to the Republican plan, are area until they built and moved into their I, therefore, intend to support the proposal an indication that what we have received from present church building. to proceed with an impeachment inquiry with OIC may be sufficient for the inquiry. Again, The congregation is a small, close-knit com- a deadline of December 31, 1998. This mo- remember, this was not a vote on the question munity, dedicated to each other as well as to tions allows an extension of the deadline if an of impeachment, it is a vote for the HJC to those in their surrounding area. They have an extension is supported by the evidence. But, proceed with the inquiry. The next possible ac- annual, ``Community Day,'' a day when the most importantly, the proposal I support does tion by the House will be any action we may honor the people of the Peapack-Gladstone not allow millions of dollars and hours to be take on actually referring articles of impeach- community-at-large. The day features histori- spent without any accountability for timely re- ment to the Senate. The final question of im- cal tours, a barbeque and events for the chil- sults. peachment rests with the Senate. dren of the community. The church also hosts f two events every year in order to raise money I believe the American people deserve no MEDICAL OPTICAL SIGNAL for the Central New Jersey Visiting Nurses As- less from us. We must address this crisis fairly PROCESSOR sociation. and responsibly and get back to the people's I wish to congratulate the congregation of business. I implore my Republican colleagues HON. BRAD SHERMAN Peapack Reformed Church for 150 years of to join us and to join America in a process of OF CALIFORNIA serving the cause of Christ in central New Jer- which we can all be proud. IN THE HOUSE OF REPRESENTATIVES sey. It is my honor to have this church within the borders of the twelfth congressional district Saturday, October 10, 1998 and I wish them well in their desire to continue Mr. SHERMAN. Mr. Speaker, I rise today to for another 150 years. bring attention to a new technology called the E2080 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 medical optical signal processor. Today, in the Congress has been a major supporter of the face the same fate at the hands of prostate world of ever-advancing medical technology, OSP industry, and lately has recognized the cancer.***P***When an abnormal breast or key words like telemedicine, laser surgery, need for optical processing to resolve next- prostate mass is detected by mammography and computer second opinion are used to ad- generation pattern recognition in military appli- or by a physician’s clinical examination, a dress the new frontiers that are being discov- cations. Congressional assistance is needed biopsy is almost always recommended. A pa- thologist examines the tissue to determine if ered through the leveraging and exploitation of in supporting further military and commercial the lump is cancerous. The psychological existing technologies. But, now is the time for application opportunities for optical correlators. trauma this creates in anyone is beyond these new frontiers in medicine to be even fur- In the FY97 National Defense Authorization measure and is normally endured over many ther challenged. It is time that we expand our Act the House National Security Committee weeks of tests and waiting. Healthcare horizons and to stock our arsenals with new wrote: should be effective and as timely as possible and innovative technologies. It is ironic that The committee is aware of the potential of to prevent any emotional and traumatic epi- one of the most potent and promising weap- optical correlators for signal processing and sodes to one’s life. Optical processing is the ons in our technological arsenal may be as el- anomaly detection in military systems. The technology that can drive the current proc- ementary or as fundamental as simple light. committee believes optical correlators also ess from weeks to one day: examine—bi- The use of light to process data is not new or have similar potential in medical research opsy—results. Improving the quality of care particularly difficult. In fact, the use of light is such as for the detection of tumors.**P***Theto theSec- patient and their families. As we fight not very different from the way the human eye retary of the Army’s ‘‘Report to the House cancer, we can also reduce the trauma it Committee on National Security on the Po- and brain work in processing visual data. This brings.***P***Photonics Spectra, a leading tential Use of Optical Correlators in Medical publication for the Optical industry, quoted new technology is called the medical optical Research,’’ addressed the use of optical the report of the Committee on Optical signal processor (MOSP). correlators for signal processing and anom- Science and Engineering, a group created by The domestic medical landscape is pursuing aly detection in military systems. It points the national Research Council, as saying: unprecedented change to combat the spiraling out one of the early advantages of OSP tech- nology as: costs of health care. Cost containment and re- * * * that light-based technologies have a sources consolidation are forcing commercial * * * a key component is the high speed vast and growing range of critical applica- and military healthcare providers to turn to correlator which does the actual comparison tions in virtually every scientific discipline sources outside the traditional medical com- and reports out numerical scores on the de- and a large number of industrial fields * * * munity to improve the quality of care. The con- gree of similarity between objects in the In healthcare, it urges that the National In- cept of transitioning optical signal processing image and targets of interest, be they enemy stitute of Standards modify its disease ori- (OSP) technology to enhance present and fu- tanks or cancerous cells.**P***The report ented structure to provide more funding for ture medical imaging systems detecting and focuses on the military application of OSP optical technologies. technology in the need to significantly speed identifying key pathologic features within two- up the computation process of features found Optical signal processing technology that is dimensional medical imagery may prove not in imagery. It does not address the many properly adapted for embedded use in medical only cost effective but may validate the other changes in this technology over the ultrasound imaging systems, will create a par- leveraging of dual use technologies between last three years. But, the report does specifi- the military and commercial sectors. MOSP cally address cancer in one statement: adigm shift within the radiology industry lead- has not only great promise in civilian and mili- ing to a new generation of higher performance ** * In cancer screening applications, this systems with outstanding soft tissue visualiza- tary medical applications has shown great means a higher probability of detecting a promise and it leverages upon the advances cancerous mass while simultaneously reduc- tion capabilities. It will also leverage the cor- already being made in its use for automatic ing the probability of falsely reporting be- relation and benefits of multiple radiological target recognition (ATR) in both civilian and nign tissue as cancerous.**P***In 1997, the systems. In as much as all of us, as Members military applications. Congress continued to address the use of op- of Congress, the stewards of our nation's Many of my colleagues on the House tical correlators in missile technology, both health and well being. It is essential that we Science Committee, as well as those on the for the navy and Air Force. For the first remain: informed of the advances in science traditional defense oversight committees, are time, funding was added to the Standard and technology, vigilant to providing the lead- Missile program of the US Navy, and for a dedicated to finding and funding the best tech- continuation of a US Air Force Air-to- ership and insight needed to move forward nologies that will allow the U.S. to make quan- Ground missile (AGM) effort called, optical when an opportunity avails itself, and the wis- tum leaps ahead in improving our security and processor enhanced LADAR (OPEL). But un- dom to seize and leverage that opportunity. our way of life. In an era when the American fortunately due to defense budget con- Through leveraging the investment and ad- people expect their elected officials to be pru- straints, additional funds were not found and vances already made in optical processing dent and careful stewards of their federal the medical application was not appro- technology, we can continue to exploit this budget dollars, it is important that we carefully priated.***P***In 1998 the House further at- technology not only for its military and com- choose those areas of research that will bring tempted to deal with the potential medical application of OSP, by providing authoriza- mercial target recognition applications but for a greater return on our investment. I believe its potential to bring better quality of care to ci- medical optical signal processing may be a tion to the US Army. The House National Security Committee wrote that: vilian and military medical systems. We owe it technology that does just that. to our nation to move forward with this good MOSP is best utilized in developing an ad- * * * The committee also recommends an ideal. We owe to the nation to move forward vanced imaging system for the management increase of $2.0 million in PE 62787A for ap- with this good technology. I hope all my col- of breast and prostate cancer. MOSP has a plied research in the use of low cost optical correlator technology in medical diagnosis . leagues on both sides of the aisle will join me compelling and potential benefit in all areas of . .**P***It was hoped that this seed money next year in supporting this type of research radiology in enhancing and analyzing imagery. would provide the spark to improve the qual- It enjoys an advantage as a two-dimensional and technology throughout the entire federal ity of care of the men and women protecting science and technology budget because the processor with the power of multiple Cray out country and open new medical imagery computer imagery processing in a small pack- analysis technology in medical areas outside advances and victories of science and tech- age. It can leverage the sensitivity of X-rays of radiology such as ophthalmology, der- nology are non partisan. They are victories in and specificity of high definition ultrasound in matology, trauma or triage treatments, and which all Americans will share. While the a multi-sensor correlation. It exploits recent many others. Unfortunately, due to the con- revages of cancer and other diseases will not OSP technology to create self-adapting imag- straints in this year defense budget, the Con- pick sides or discriminate, it will strike us all gress was unable to support adding funds to ing systems, which places minimal demands regardless of our political beliefs or our stature this year’s appropriations for the Army to in life. We owe nothing less to our friends and on operator skills while improving soft tissue proceed with this program. To this member, contrast. All this facilitates a broad spectrum this was extremely shortsighted.***P***In colleagues in the Congress who have suffered of diagnostic and therapeutic options. But 1993 the NCI reported that one-in-eight the anguish of breast and prostate cancer for most importantly, if reduces the trauma to the women would contract breast cancer at some themselves and for their loved ones, but more patient. point in her lifetime. One in four men may importantly, we owe it to the millions of our CONGRESSIONAL RECORD — Extensions of Remarks E2081 constituents, who hope everyday that we, as anced Budget Act subjected home health care women, and people with disabilities in these their stewards of the budget, will make the agencies to per beneficiary limits for cost re- areas, yet the report does not make any real right decisions for them that allows this nation porting periods beginning on or after October acknowledgement of the situation, and as a to remain healthy and safe. 1, 1997. Some home health care agencies result, it does not contain any ways to make f throughout the nation have been operating it any better. I hope to change that as we with low per beneficiary limits during their cur- move forward in the development of our Na- MEDICARE HOME HEALTH AND rent cost reporting periods and need assist- tional Science Policy. VETERANS HEALTH CARE IM- ance now. While this legislation will provide I believe that Congress should play a role in PROVEMENT ACT OF 1998 much needed relief to some home health care making sure that every segment of society re- agencies for cost reporting periods beginning ceives the benefits of, and helps develop our SPEECH OF during or after fiscal year 1999, it will not pro- scientific advances. Already, we have passed HON. ROBERT A. WEYGAND vide immediate relief to many deserving home legislation, with bi-partisan support, to improve OF RHODE ISLAND health care agencies. the involvement of minorities and women in the hard sciences. Just a few weeks ago, we IN THE HOUSE OF REPRESENTATIVES While I am pleased we have reached this overwhelmingly passed the Advancement of Friday, October 9, 1998 point and will support this bill, there remains a great deal to be done. With the passage of the Women in Science, Engineering, and Tech- Mr. WEYGAND. Mr. Speaker, I rise this Balanced Budget Act, Congress mandated an nology Act, which will ensure that women are morning to express my support for this legisla- additional fifteen percent cut in home health encouraged to enter the fields of science and tion which provides some measure of relief to care if the new payment system is not fully im- technology. I have also gotten bipartisan sup- port in the Science Committee, where I was certain home health care agencies in my plemented. The administration signaled in Au- able to amend several bills to ensure that mi- state. I want to thank my colleagues, Mr. gust that the new system will not be ready be- nority students are able to take advantage of MCGOVERN,1 Mr. COBURN, Mr. CARDIN, Mr. fore October 1, 1999 so the cut remains a real federal grant programs made available STARK and others who have worked hard on threat to home health care agencies in the through the Federal Aviation Administration this issue with me since last year. very near future. We need to address this Last May, I sponsored an amendment to the (FAA) and NASA. I am proud of that work, not issue and I look forward to working with my only because of what it does for under-rep- Budget Resolution which was the first legisla- colleagues to delay or repeal this 15% cut tive action taken on IPS reform during the resented groups in science, but also because next year. my friends on the other side of the aisle saw 105th Congress. This amendment, which I want to express my appreciation to the passed unanimously, was significant because the importance of the issue, and were willing Committees on Ways and Means and Com- to make the decision that we need to get all it called upon this Congress to take active merce for recognizing the situation home steps to restore fairness and equity to the IPS. Americans involved in science. Therefore, I health care agencies and their Medicare bene- would propose that any official ``National It called upon Congress to examine the effects ficiaries face. Home health care is an impor- of the IPS on low cost agencies and stressed Science Policy'' include this important issue so tant service that we must work our hardest to that we can continue to work to improve this the importance of accomplishing reform before preserve. Home health care allows seniors to the 105th Congress adjourned. I am pleased situation throughout the next Congress. remain home and retain their dignity and inde- I also believe that we need to work to in- that Congress has addressed this issue and pendence. While this legislation does not ac- clude the social and behavioral sciences in hope we can pass something which will be complish all I had wanted, I support its efforts, our science policy, which were given little or signed by the president soon. applaud its goal and urge my colleagues to no attention in this report. Although I see the Although this legislation before us today support it. importance in making sure that we progress in does not provide the amount of financial as- f the area of basic research and the ``hard sistance that I believe is necessary, I believe sciences'', we should not focus on those two it represents a first step to restoring some of SENSE OF HOUSE REGARDING disciplines exclusively. The social sciences the unfair and inequitable cuts enacted by the NATIONAL SCIENCE POLICY should continue to be developed so that we Balanced Budget Act. can better grapple with problems that affect The home health care provisions within this SPEECH OF our entire nation, like improving our education bill will help some home health care agencies, HON. SHEILA JACKSON-LEE system, and working towards better public particularly those in my home state operating OF TEXAS health. Furthermore, the behavioral scientists below the national average. By providing fifty- IN THE HOUSE OF REPRESENTATIVES have a unique understanding of the human percent of the difference between an agency's Thursday, October 8, 1998 mind that cannot be captured by biologists or current per beneficiary limit and the national medical doctors. average, Medicare will provide some addi- Ms. JACKSON-LEE of Texas. Mr. Speaker, For the report to omit these important dis- tional reimbursement to many agencies in my I rise to speak on behalf of this resolution, ciplines is a disservice to those respective sci- state. which states that the report entitled ``Unlocking entific communities, and it is only worsened by The legislation also permits home health Our Future: Toward a New National Science the fact that the Report advocates that the care agencies operating above the national Policy'' shall be used by this Congress as a hard sciences be used actively in the legisla- average to continue receiving the reimburse- starting point for our future science policy. tive process. While I applaud the application of ment they currently receive. Although some of I would first like to recognize the hard work the hard sciences to our activities, I also see these high cost agencies may be deserving of that Congressman EHLERS has put into this re- the social and behavioral sciences playing an higher reimbursement, I have concerns that port. I would also like to let him know that I important role here in Congress, and will work this payment policy continues to provide re- look forward to working with him, and the towards ensuring it. This is especially true in wards to home health care agencies which other Members of the Science Committee in light of the fact that the courts have actively were not frugal prior to the passage of the the future, towards implementing some of the rebuked the use of social science materials in Balanced Budget Act, and effectively contin- ideas set forth in this Report. cases like McClesky v. Kemp (1987). Although ues to penalize agencies which worked tire- However, I would also like to add that I sup- I do not agree with the outcome of that case, lessly to contain their costs. This is due, in port this resolution because it indicates that I feel that it properly illustrates the fact that the part, to the large reliance to agency-specific this report should ``serve as a framework for social sciences, and the use of statistics, must data, as mandated by the Balanced Budget future deliberations''. It is a start to a process, be used to remedy the problems that afflict Act. I had wished that the resolution to this one which I hope to work within so that others large segments of societyÐlike the issue would have better addressed this situa- can add their views and values to the develop- undercount in the Census. It is more than iron- tion and created a more level playing field, ment of a true ``National Science Policy''. ic that through current times, the most compel- and home that with ongoing communications Therefore, I would like to note some issues, ling use of a social science study by the judici- with the Senate and the Administration, we which were omitted from the report, which I ary created perhaps the most monumental can work to further refine this measure to re- hope will be added to our agenda on science, court decision of our time, Brown v. Board of store more equity into the home health care math, and engineering. Education. For those reasons, I hope that we system. The report fails to fully address the problem can better integrate all of the sciences in our I am disappointed that this legislation does of under-represented populations in the fields National Science Policy. not provide relief retroactively to home health of science and technology. We all know that I would also like to add that I hope our Na- care agencies. As you are aware, the Bal- there is a severe shortage of minorities, tional Science Policy will include further efforts E2082 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 to improve our K±12 institutions. Because K± ROBERT GEAKE, A DEDICATED H. Con. Res. 320. To support the Baltic 12 is crucial in the development of science PUBLIC SERVANT people of Estonia, Latvia and LithuaniaÐOn and math-savvy college students and workers, suspending the rules and passing the concur- I believe we must concentrate a good portion HON. JOE KNOLLENBERG rent resolution (Rollcall No. 518) ``aye.'' of our resources on turning out good engi- OF MICHIGAN H.R. 2616. Charter Schools Senate Amend- mentsÐOn suspending the rules and passing neers, mathematicians, and scientists. We all IN THE HOUSE OF REPRESENTATIVES know how important that is for our economy, the bill (Rollcall No. 519) ``aye.'' the technology industry is the fastest growing Saturday, October 10, 1998 S. 852. Auto SalvageÐOn suspending the segment of our society, and just a few weeks Mr. KNOLLENBERG. Mr. Speaker, I rise rules and passing the bill (Rollcall No. 520) ago, we had to vote on whether or not to ex- today to recognize a distinguished public serv- ``aye.'' pand the number of visas available to highly- ant in my home State of Michigan, State Sen- f skilled workers from outside the United States! ator Robert Geake. FCC AND TELEPHONE We could easily solve that problem by ensur- Born on October 26, 1936, in Detroit, MI, COMPETITION ing that all students graduating from high Bob grew up in the neighboring suburb of school have more than rudimentary skills in Ferndale. He attended the University of Michi- the areas of math and science and are en- gan, earning a B.S. in special education, an HON. W.J. (BILLY) TAUZIN couraged to follow up on that education in a M.A. in guidance and counseling, and a Ph.D OF LOUISIANA college or university. in education and psychology. IN THE HOUSE OF REPRESENTATIVES Having highlighted these issues and with After completing his education, Bob pursued Saturday, October 10, 1998 the understanding that I would like them in- a career in psychology and became an ac- Mr. TAUZIN. Mr. Speaker, today I am intro- cluded in our future discussions, I would like complished psychologist. In 1972, Bob was ducing legislation with several original cospon- elected to the Michigan House of Representa- to endorse the use of this Report as a starting sors. They are Mr. DINGELL, Mr. OXLEY, Mr. tives where he served with distinction until point for bringing science, math, and engineer- BOUCHER, Mr. ROGAN, Mr. BONIOR, Mr. GOOD- being elected to the State Senate in 1977. ing to the forefront of our national agenda. LATTE, Mr. KLINK, Mr. HASTERT, Mr. WYNN, and Senator Geake established himself as the Mr. BURR. Mr. speaker, this legislation essen- f Michigan Legislature's expert on mental health tially begins the process of reviewing the inad- issues. He also took an interest in anti-crime equacies of FCC implementation of the local HONORING RANDALL J. COLEMAN, measures and spearheaded Michigan's anti- competition provisions of the Telecommuni- 1998 HENRY EVANS VOLUNTEER stalking laws. Under his leadership, Michigan cations Act of 1996. Specifically, our bill OF THE YEAR AWARD has the nation's toughest and most enforce- amends provisions contained in section 271 of able laws against stalking. Senator Geake has the Act, dealing with interLATA (long distance) also led the fight to enact tough penalties entry by the Bell Companies. HON. PHIL ENGLISH against drunk driving and sponsored legisla- It is frustrating that nearly three years have OF PENNSYLVANIA tion to eliminate Michigan's inheritance tax. A passed since the Telecom Act of 1996 was leader on child development and family IN THE HOUSE OF REPRESENTATIVES enacted into law. Five applications for long issues, Senator Geake has been instrumental distance service have been received by the Saturday, October 10, 1998 in passing legislation to crack down on dead FCC, and four have been denied. The fifth, an beat parents who are delinquent in their child application approved by the Louisiana Public Mr. ENGLISH of Pennsylvania. Mr. Speaker, support payments. it is with great pride that I rise today to honor Service Commission by a vote of 4±1, is now Senate Geake is known in Lansing as a pending at the FCC. Frankly, I am not encour- Randall Coleman who recently received the statesman and one of the most effective law- Henry Evans Volunteer of the Year Award. aged that it will be granted when the FCC makers in the State Legislature. A recent anal- makes its decision on October 13 of this year. This award is presented annually by the ysis by the Detroit News indicated that Sen- The Telecommunications Act of 1996 was Shenango Valley Chamber of Commerce in ator Geake ranked first among the 148 Michi- intended to open up competition in both the order to honor a person who not only volun- gan lawmakers in the numbers of bills passed. local and long-distance markets; but, the FCC teers his time to support the chamber, but also Senator Geake is retiring from the State appears determined to preserve the long-dis- volunteers in other community organizations. Senate at the conclusion of his term this year. tance service monopoly that traditional inter- Randall Coleman has shown a lifelong com- His leadership will be missed. Senator Geake exchange companies have enjoyed since the mitment to volunteer service. has been a strong advocate for Michigan fami- conception of the telephone. Today, only busi- Mr. Coleman lives in the Shenango Valley lies. His efforts to cut taxes, strengthen fami- ness subscribers are realizing more choices with his wife Ann and son Grant. He has had lies, and make our communities safe from vio- from competitors to incumbent LECs. a distinctive and promising career with Penn lent crime have made Michigan a better place This legislation will attempt to codify what Power where he currently serves as the Mer- to live. the intent of the conferees was during their cer County Area Manager. But is Mr. Cole- I wish Senator Geake and his wife, Carol, deliberations on the 1996 Act. That is, the man's active role in the community that makes the best of luck in their future endeavors. states should have explicit authority over de- him a invaluable asset. He currently serves as f termining intrastate interLATA service in their a president of the Kiwanis Club of Sharon, as PERSONAL EXPLANATION respective states. In addition, the legislation a member of the Pennsylvania Electric Asso- we are introducing today would modify other ciation, the Pennsylvania Economy League, provisions of the law as noted in the attached Private Industry Council, and the National As- HON. DEBORAH PRYCE talking points. sociation of Industrial Office Properties, the OF OHIO I look forward to working with all of our col- American Heart Association as well as serving IN THE HOUSE OF REPRESENTATIVES leagues early in the 10th Congress to loudly as a member in the fundraising cabinet of the Saturday, October 10, 1998 send a message to the FCC, the Department United Way of Mercer County in its construc- Ms. PRYCE of Ohio. On October 10, 1998, of Justice, and the administration that the ``sta- tion division. I was absent due to an illness in my family. I tus quo'' is no longer acceptable. Only true, Mr. Coleman served as the coordinator of received an official leave of absence from the open competition in all markets will be accept- volunteers for the Special Olympics of Mercer majority leader in this regard. able now, not later. County. However, Randall Coleman feels that However, had I been present, I would have HIGHLIGHTS OF INTERLATA COMMUNICATIONS his most rewarding experience was teaching voted in the following manner on the following IMPROVEMENTS ACT OF 1998 handicapped children to swim as an American legislation: State Jurisdiction Over Intrastate Red Cross Lifeguard. It was a rewarding expe- H.R. 4567. To revise Medicare programÐ InterLATA Services. The legislation author- rience because for these children achieving On suspending the rules and passing the bill izes the state public service commission to grant BOC applications to provide intrastate this goal is more difficult because of their spe- (Rollcall No. 516) ``aye,'' cial needs. InterLATA telecommunications services H. Con. Res. 334. Relating to Taiwan's par- upon satisfaction of Track A/B, the competi- I am proud to recognize Mr. Coleman's ticipation in the World Health OrganizationÐ tive checklist and public interest require- achievements today. He is certainly an asset On suspending the rules and agreeing to the ments. If the State fails to act on an intra- to our community in western Pennsylvania. concurrent resolution (Rollcall No. 517) ``aye.'' state InterLATA application within the 90- CONGRESSIONAL RECORD — Extensions of Remarks E2083 day decision period, the application is I am convinced that this bill is an important Wood's commitment to ensuring that the park deemed granted. part of the solution to saving Medicare. It will met its mission is deeply appreciated by all of Resale Authority. On February 8, 1999, help us cut costs without sacrificing the quality us. BOCs would be authorized to resell the InterLATA services of unaffiliated compa- of patient care. Emperical evidence shows that As my colleagues may remember, one of nies. MNT is effective for patients with diabetes, the initial pieces of legislation I introduced Amendments to Track A/Track B. The heart disease, cancer, and other costly dis- when I first arrived to this institution, in the Track A/Track B requirement would be eases that are prominent among the elderly. It 103d Congress, was a bill to enhance the War eliminated effective February 8, 1999. In ad- lowers treatment costs by reducing and short- in the Pacific National Park by appropriating dition, the legislation removes the require- ening the length of hospital stays, preventing funds and authorizing approval for an overlook ment that a Track A company provide tele- health care complications and decreasing the at Asan Bay and a Memorial Wall of Names, phone exchange service exclusively or pre- dominantly over its own facilities. It also need for medications. Yet still, we do not pro- to honor all those who suffered during the time provides that Track B is satisfied if the vide senior coverage for this care. of enemy occupation. This effort would not BOC’s statement of generally available It should be noted that support for medical have turned successful without the support terms and conditions (‘‘SGAT’’) has been ap- nutrition therapy is not confined to Congress. and collaboration of Mr. Wood. proved by the state public service commis- Major patient advocacy groups including the It is fitting, that we on Guam pay tribute to sion or if the state public service commis- American Cancer Society, the American Heart his service and accomplishments during his sion has permitted such SGAT to take effect. Association, the National Kidney Foundation, time as Superintendent of the only national FCC Consultation with State PSC. The leg- the American Diabetes Association, and the park on our island. He has contributed signifi- islation directs the FCC to affirm the eval- uation of the state public service commis- National Osteoporosis Foundation also sup- cantly to the development of both the War in sion concerning BOC compliance with Track port coverage for MNT. These groups under- the Pacific National Historic Park and the A/Track B and the competitive checklist un- stand that appropriate nutrition therapy saves American Memorial Park on the island of less the FCC determines by clear and con- money and lives. Saipan. Most recently, in 1997, he shared the vincing evidence that the state evaluation is Any measure that achieves such an impres- National Park Foundation's National Partner- clearly erroneous. sive level of political support is deserving of ship Leadership Award with the Government Public Interest Determination. Effective serious deliberation in this body. While I regret of the Commonwealth of the Northern Mariana February 8, 1999, the public interest require- that this bill will not be taken up in the remain- Islands for their combined efforts to develop ment of Section 271 is deemed to be satisfied upon a finding that the BOC has satisfied the ing days of this Congress, I urge the leader- American Memorial Park, which specifically competitive checklist. ship of both parties to make this bill a top pri- honors the Americans and Marines who gave Incidental InterLATA Services. The legis- ority next year. While the Balanced Budget Act their lives during the Marianas campaign of lation would expand the definition of ‘‘inci- helped strengthen the Medicare program in World War II, arguably the most significant dental InterLATA services’’ to include data the short term, additional reforms will be nec- battle of the Pacific operation. communications and international tele- essary to prepare the program for the coming In addition, Mr. Wood has also been recog- communications and information services. retirement of the Baby Boom generation. Con- nized and has received several Special Section 271 Approvals and Denials. Deci- sions approving or denying Section 271 appli- gress will be remiss if it overlooks medical nu- Achievement Awards for his work in diversity cations must include a written determina- trition therapy as part of those long-term re- recruitment, operational excellence, commu- tion of whether the BOC has complied with forms. nity involvement, and assistance to other gov- the statutory standard for InterLATA relief. In closing, I want to thank the American Dia- ernment agencies. f betic Association and the Nevada Diabetic As- Mr. Wood, Si Yu'os Ma'ase for your dedica- sociation for their fine work in helping me edu- tion to the people of Guam and to the War in THE MEDICARE MEDICAL cate Members of Congress about this impor- the Pacific National Park. Good luck in your NUTRITION THERAPY ACT tant measure. The dedicated health and nutri- future endeavors. Your service brings honor to tion professionals represented by those the National Park Service. HON. JOHN E. ENSIGN groups can be proud of how far this bill had f OF NEVADA advanced in the 105th Congress and confident that we will ultimately succeed in these efforts. HONORING FATHER MATEO IN THE HOUSE OF REPRESENTATIVES SHEEDY Saturday, October 10, 1998 f Mr. ENSIGN. Mr. Speaker, it is rare for any TRIBUTE TO NATIONAL PARK HON. ZOE LOFGREN legislation in the House of Representatives to SUPERINTENDENT EDWARD WOOD OF CALIFORNIA obtain the support of a majority of its Mem- IN THE HOUSE OF REPRESENTATIVES bers. In fact, fewer than 1 percent of all bills HON. ROBERT A. UNDERWOOD Saturday, October 10, 1998 introduced in the 105th Congress have OF GUAM reached this status. I would like to announce IN THE HOUSE OF REPRESENTATIVES Ms. LOFGREN. Mr. Speaker, I rise to honor with pride that a bill I sponsored, H.R. 1375, a true humanitarian and an outstanding mem- Saturday, October 10, 1998 the Medical Nutrition Therapy Act, has ber of my hometown community of San Jose, achieved this remarkable level of support. Mr. UNDERWOOD. Mr. Speaker, today I California. Over 220 of our colleagues support this would like to extend sincere thanks to the out- Father Mateo Sheedy has selflessly served measure because they recognize that the ab- going Superintendent of the War in the Pacific our community, providing assistance to those sence of coverage for nutrition therapy serv- National Park on Guam, Edward W. Wood, most in need of a helping hand. Particularly, ices is a glaring omission in current Medicare Jr., for his dedicated service. A 25-year vet- Father Sheedy has championed the cause of policy. Medical science makes clear that prop- eran of the National Park Service, Mr. Wood recent immigrants. He has worked tirelessly to erly nourished patients are better able to resist has served with distinction, especially during ensure that farm workersÐthose who feed disease and recover from illnesses than those his tenure as Superintendent of the War in the AmericaÐare treated with dignity and respect. who are malnourished. We also know that el- Pacific National Park and the American Me- In concert with churches and the United Farm derly Americans are at a higher risk of mal- morial Park for the past seven years of his ca- Workers he has succeeded in ensuring that nutrition than others in society due to the natu- reer. farm laborers' working conditions are safe, rally occurring aging process. As many of my colleagues know, the War in and that their wages fair. His work with ESL Despite this knowledge, Medicare does not the Pacific National Park commemorates the classes and citizenship courses have helped cover nutrition assessment and counseling bravery and sacrifice of those veterans who countless immigrants attain United States citi- services by registered dietitiansÐwhat is com- participated in the campaigns of the Pacific zenship. monly known in the health care field as medi- theater during World War II and preserves the Father Sheedy has been embraced by the cal nutrition therapy (MNT). As a result, the el- natural, scenic, and historic values of our local Mexican-American community and has derly either pay for this service out of their beautiful island. This park commemorates been instrumental in solving some of the prob- own pockets, or go without. This is not a something especially close to all our hearts, lems plaguing our neighborhoods. His inclu- choice that those on fixed incomes should the sacrifice of the American soldiers to liber- sive style has brought together rival gangsÐ have to make. Medical nutrition therapy is ate our islands and the loyalty that the people allowing families to live in safe, nurturing medically necessary care and ought to be a of Guam demonstrated during this critical time neighborhoods. His innovative gun return pro- covered benefit. in our island's history. In this sense, Mr. gram has been very successful. E2084 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 At Sacred Heart Church where he serves as loan unless Congress were to provide its con- ation of certain resolutions reported from the pastor, Father Sheedy has committed himself sent to the bi-state compact between West Committee on Rules: On Agreeing to the Res- to improving the quality of life for every mem- Virginia and Maryland. olution (Roll Call No. 484): Aye. ber of our community. He has worked with our The loan from the USDA represented an im- H.R. 4259ÐThe Haskell Indian Nations Uni- youthÐencouraging them to stay out of gangs portant part of this expansion program. While versity and Southwestern Indian Polytechnic and in school. Along with local universities, congressional approval of the compact will ob- Systems Act of 1998: On Agreeing to the Father Sheedy has created a tutorial center viously facilitate the improvement of the airport Cummings of Maryland Substitute Amendment and has spearheaded efforts to gain college specifically, it will also have a positive impact (Roll Call No. 485): Nay. scholarships for kids. on the economic development of region as a Wednesday, October 7, 1998 Father Sheedy has also been a beacon of whole. hope and faithÐattending to the very sick and As you may know, the Greater Cumberland H.R. 3694ÐIntelligence Authorization Act providing solace to their families. Now Father Regional Airport, is located in rural Appa- for FY 1999: Motion to Recommit (Roll Call Sheedy is himself very ill, and our thoughts lachia. According to the Department of Labor's No. 486): Nay; On Agreeing to the Conference and prayers are with him. Bureau of Labor Statistics, Allegany County, Report (Roll Call No. 487): Aye. On October 22, 1998, Father Mateo Sheedy Maryland has an unemployment rate of 8.5 H. Res. 573ÐProviding for the consider- will be honored with the Heart of Jesus Award, percent, almost 90 percent higher than the na- ation of H.R. 4570, the Omnibus National recognizing his vast sacrifices for our commu- tional average. This number does not even Parks and Public Lands Act: On Passage (Roll nity. I ask my colleagues to join me in con- consider the great number of people who have Call No. 488): Aye. gratulating Father Sheedy for receiving such a become so discouraged that they have H.R. 4570ÐOmnibus Parks and Public special award. He is to be commended for his stopped seeking employment. The simple rea- Lands Act: On Passage (Roll Call No. 489): noble efforts. son for this high unemployment rate is that the Nay. f area has suffered from the closing of a num- H. Res. 579ÐWaiving all points of order ber of employers and has been unable to at- against the Conference Report on H.R. 4104, PERSONAL EXPLANATION tract employers sufficient to replace the lost the Treasury, Postal Services, and Independ- jobs. ent Agencies Appropriations for FY 1999: On HON. XAVIER BECERRA The critical task in the coming years will be Agreeing to the Resolution (Roll Call No. 490): OF CALIFORNIA for local and State leaders to attract new em- Aye. IN THE HOUSE OF REPRESENTATIVES ployers to the area. In working with busi- H.R. 4616ÐDesignating the Corporal Harold Gomez Post Office: On the Motion to Suspend Saturday, October 10, 1998 nesses that are considering moving to area, one of the critical deciding factors for their re- the Rules and Pass the bill (Roll Call No. Mr. BECERRA. Mr. Speaker, on October 5, location is access to first rate infrastructure. 491): Aye. 1998, I was on official business during rollcall Businesses considering moving to the region H.R. 2348ÐDesignating the Mervyn Dym- votes Nos. 480, 481, and 482. Had I been will need to know commercial aviation users. ally Post Office Building: On the Motion to present for the votes, I would have voted ``no'' The Potomac Highland Airport Authority has a Suspend the Rules and Pass the bill (Roll Call on No. 480, ``yes'' on 481, and ``yes'' on 482. 20-year plan that will allow it to expand to ac- No. 492): Aye; On the Motion to Recommit f commodate the increased utilization of the fa- with Instructions (Roll Call No. 493): Nay. H.R. 4104ÐThe Treasury, Postal Services, GRANTING CONSENT OF CONGRESS cility. The House's approval of this bill is an important step in providing the Potomac High- and Independent Agencies Appropriations for TO POTOMAC HIGHLANDS AIR- FY 1999: On Agreeing the Conference Report PORT AUTHORITY COMPACT ACT lands Airport Authority with the tools nec- essary to be an active participant in the re- (Roll Call No. 494): Aye. SPEECH OF gion's expansion. Thursday, October 8, 1998 HON. ROSCOE G. BARTLETT f House Journal of October 8, 1998: On Ap- OF MARYLAND PERSONAL EXPLANATION proving the House Journal (Roll Call No. 495): IN THE HOUSE OF REPRESENTATIVES Aye. Quorum: On the Call of the House (Roll Call Thursday, October 8, 1998 HON. DEBORAH PRYCE No. 496): Present. Mr. BARTLETT of Maryland. Mr. Speaker, OF OHIO H. Res. 581ÐAuthorizing and directing the S. J. Res. 51 would provide Congress' con- IN THE HOUSE OF REPRESENTATIVES Committee on the Judiciary to investigate sent to a compact between the States of West Saturday, October 10, 1998 whether sufficient grounds exist for the im- Virginia and Maryland establishing the Poto- Ms. PRYCE of Ohio. Mr. Speaker, during peachment of William Jefferson Clinton, Presi- mac Highlands Airport Authority. This legisla- the week of October 5, 1998, I was absent dent of the United States: On the Motion to tion has been passed by the Senate and has due to an illness in my family. I received an Recommit with Instructions (Roll Call No. 497): the support of the Senators from both States official leave of absence from the Majority Nay; On Agreeing to the Resolution (Roll Call and the Members of Congress from the dis- Leader in this regard. No. 498): Aye. tricts concerned. However, had I been present, I would have Adjourn: Motion to Adjourn (Roll Call No. This bill is of great importance to my con- voted in the following manner on the following 499): Nay. stituents as well as to me personally. As you legislation: H.Res. 584ÐFurther providing for the con- may know, in 1944 the city of Cumberland, lo- sideration of H.R. 4274: On Ordering the Pre- cated in Allegany County, Maryland, pur- Monday, October 5, 1998 vious Question (Roll Call No. 500) Aye; To chased land 3 miles south of the city in Wiley H.R. 4614ÐNew Hampshire Land Convey- Table the Motion to Reconsider (Roll Call No. Ford, West Virginia for the construction of an ance Act: Motion to Suspend the Rules and 501) Aye; On Agreeing to the Resolution (Roll airport. In 1976 the States of Maryland and Pass the bill (Roll Call No. 480): Aye. Call No. 502) Aye; To Table the Motion to Re- West Virginia entered into a compact estab- H.R. 1154ÐThe Indian Federal Recognition consider (Roll Call No. 503) Aye. lishing the Potomac Highlands Airport Author- Administrative Procedure Act of 1997: Motion H.R. 4274ÐThe Labor, Health and Human ity. to Suspend the Rules and Pass the bill (Roll Services Appropriations for FY 1999: On The need for the compact stems from the Call No. 481): Nay. Agreeing to the Istook Substitute Amendment unusual nature of the airport. It is located in H.R. 4655ÐEstablishing a Program to sup- to the Greenwood Amendment (Roll Call No. one State, but owned by a municipality in an- port a Transition to Democracy in Iraq: Motion 504): Nay. other. Accordingly there has been a certain to Suspend the Rules and Pass the bill (Roll H.R. 3150ÐBankruptcy Reform Act: On the degree of uncertainty about the ability of the Call No. 482): Aye. Motion to Recommit the Conference Report airport authority to guarantee to pay for loans with Instructions (Roll Call No. 505): Nay; On they may receive. This was discovered as the Tuesday, October 6, 1998 Agreeing to the Conference Report (Roll Call Authority was in the process of undertaking a H.R. 4194ÐVA±HUD Appropriations Act for No. 506) Aye. 20-year $10 million expansion program and FY 1999: On Agreeing to the Conference Re- H.Res. 565ÐExpressing the Sense of the had applied for a loan from the Department of port (Roll Call No. 483): Aye. House of Representatives Regarding the Im- Agriculture. In its denial of the loan, the De- H. Res. 575ÐWaiving a requirement of portance of Mammograms and biopsies in the partment replied that it could not provide the clause 4(b) of rule XI with respect to consider- Fight Against Breast Cancer: On the Motion to CONGRESSIONAL RECORD — Extensions of Remarks E2085 Suspend the Rules and Agree (Roll Call No. through accurate and reliable mammograms has been in detention since 29 September 507): Aye. can spare women from undergoing radical sur- 1998 and who has been denied access to his H.Con.Res. 331ÐExpressing the Sense of geryÐand often save their lives. Enactment of lawyers, raising fears that he is at risk of ill- Congress Concerning the Inadequacy of Sew- H.R. 4382 will help reduce the threat of breast treatment.'' age Infrastructure Facilities in Tijuana, Mexico: cancer by providing women the tools they Amnesty International states that ``Don On the Motion to Suspend the Rules and need to detect this terrible disease in its early Falsy was arrested without a warrant at his Agree (Roll Call No. 508): Aye. stages. home in Jayapura, the capital of the province H.Res. 557ÐExpressing Support for the As chairman of the Health and Environment of Irian Jaya, by local police and taken . . . U.S. Government Efforts to Identify Holocaust- Subcommittee, however, I believe the federal he continues to be detained.'' Era Assets: On the Motion to Suspend the government can and should do more to sup- Noting that Don Falsy's arrest is in connec- Rules and Agree (Roll Call No. 509): Aye. port cancer research. Specifically, I support an tion with his alleged role in planning a meeting H.R. 3874ÐChild Nutrition and WIC Reau- increased financial commitment to fund the in Jayapura to discuss the independence of thorization Amendments of 1998: On the Mo- biomedical research necessary to find a cure West Papua, Amnesty International states that tion to Suspend the Rules and Agree to the for breast cancer. ``Don Falsy is a possible prisoner of con- Conference Report (Roll Call No. 510): Aye. To that end, I have endorsed a proposal to science who appears to have been detained H.J.Res. 133ÐFurther Continuing Appro- double Federal funding for the National Insti- for the peaceful exercise of his beliefs.'' priations for Fiscal year 1999: On Passage tutes of Health over the next five years. I have Mr. Speaker, the arrest of Don Falsy for his (Roll Call No. 511): Aye. also authored legislation to allow taxpayers to political beliefs is not an isolated case. Also taken into custody last week for the associa- Saturday, October 10, 1998 designate a portion of any income tax refund to support NIH research efforts. tion with Don Falsy were church leader, Rev- Question of PrivilegeÐnoticed by Mr. Vis- For the hundreds of thousands of patients, erend Augustinus Ansanai, and two local offi- closky on Oct. 8, 1998: On motion to table the families, caregivers and friends whose lives cials, Baas Yufuwai and Marinus Mehuwe. appeal of the ruling of the Chair (Roll Call No. have been touched by breast cancer, we must And just yesterday, another prominent Papuan 512) Aye. renew and strengthen our commitment to end- leader, Theys H. Eluay, was arrested by the H.Res. 589ÐWaiving Clause 4(b) of rule XI ing this terrible disease. H. Res. 565 places Indonesian police on questionable charges of for special rules and suspensions On ordering appropriate emphasis on the importance of subversion. the Previous QuestionÐ(Roll Call No. 513) mammograms and biopsies in the fight against Mr. Speaker, I urge our colleagues to join Aye. breast cancer, and I urge Members to support Amnesty International in calling upon the Indo- H.Res. 588ÐRule governing consideration this resolution. nesian Government to allow Don Falsy and of H.R. 4761 On agreeing to the resolutionÐ f other jailed Papuan leaders immediate, regular (Roll Call No. 514) Aye. and on-going access to their lawyers. Further- H.Res. 592ÐProviding for concurrence by EXPRESSING CONCERNS REGARD- more, we request that the Indonesian authori- House with amendment in the Senate amend- ING INDONESIA’S PRISONERS OF ties ensure that these prisoners of conscience ment to H.R. 4110. On suspending the rules CONSCIENCE IN WEST PAPUA are protected from ill-treatment, and that they and agreeing to the resolutionÐ(Roll Call No. NEW GUINEA (IRIAN JAYA) be promptly released from custody if they are 515) Aye. being held solely for the peaceful expression f HON. ENI F.H. FALEOMAVAEGA of their belief in support of West Papuan inde- pendence. SENSE OF THE HOUSE REGARDING OF AMERICAN SAMOA IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, while the Government of Indo- IMPORTANCE OF MAMMOGRAPHY nesia has committed itself to the Universal AND BIOPSIES IN FIGHTING Saturday, October 10, 1998 Declaration of Human RightsÐincluding Article BREAST CANCER Mr. FALEOMAVAEGA. Mr. Speaker, I have 19 which holds that ``Everyone has the right to come before our colleagues and the Nation freedom of opinion and expression . . .''Ðthe SPEECH OF several times regarding Indonesia's brutal sup- recent arrests in West Papua are a flagrant HON. MICHAEL BILIRAKIS pression of the Melanesian people of West violation of this solemn commitment for which OF FLORIDA Papua New Guinea, or Irian Jaya province, as Jakarta should be condemned and held ac- IN THE HOUSE OF REPRESENTATIVES the Indonesian Government has renamed countable. West Papua. Thursday, October 8, 1998 COMBAT TROOPS PULL OUT OF IRIAN JAYA Last month, I welcomed the announcement JAKARTA, Indonesia (October 4, 1998— Mr. BILIRAKIS. Mr. Speaker, today the of a significant development in the Indonesian British Broadcasting Corporation)—The In- House of Representatives approved H. Res. Government's position on West Papua. Ac- donesian armed forces are reported to have 565, a resolution emphasizing the importance cording to press reports from Jakarta, Indo- ended their special operations in the prov- of mammograms and biopsies in the fight nesia's President B.J. Habibie agreed to call ince of Irian Jaya. The move comes amid against breast cancer. Since October is ``Na- for a national dialog on West Papua as soon mounting evidence of past army atrocities. tional Breast Cancer Awareness Month,'' it is as possible. Irian Jaya is the third region in the Indo- particularly appropriate that the House passed nesian archipelago where the military has The proposed dialogue, supported by Indo- scaled down its activities following Presi- this resolution before adjournment. nesian Parliamentary leader Abdul Gafur and dent Suharto’s resignation. Last month, I was proud to work with Chair- the Indonesian Council of Protestant Church- Pro-independence rebels have engaged in a man BLILEY to secure approval by the House es, was to address a three-part agenda cover- low-level conflict with the military in Irian of Representatives of H.R. 4382, legislation to ing: (1) human rights, (2) autonomy matters, Jaya since the mid 1960s. The decision by the reauthorize the Mammography Quality Stand- and (3) issues of independence. armed forces to end the special status of ards Act. This important law was enacted in Although President Habibie's pronounce- Irian Jaya follows a cease fire agreement 1992 to improve the quality of breast cancer ment was very welcome news, I am disturbed with one of the rebel groups. Antara, the state-run news agency, quoted a regional screening exams by establishing national by recent developments in West Papua that commander as saying combat troops would standards for mammography facilities. Without have called into question his sincerity in push- withdraw but other soldiers would remain to question, it has been an overwhelming suc- ing for true reform. guarantee security. cess. Within the past week, the Indonesian au- Major-General Amir Sembiring said a Screening mammography is currently the thorities have shown a shocking disregard for cease fire had been agreed to between the most effective technique for early detection of political openess in West Papua by arbitrarily military and the separatist Free Papua breast cancer. This procedure can identify incarcerating several leaders and local officials Movement (OPM) rebels. ‘‘The military oper- small tumors and breast abnormalities up to ation status has been revoked and our activi- in West Papua. ties will be shifted to safeguard vulnerable two years before they can be detected by On October 1, Amnesty International issued areas,’’ he added. But he also said he had or- touch. More than 90 percent of these early an action alert regarding the arrest of Don dered the immediate arrest of protesters who stage cancers can be cured, according to the Falsy, a respected civil servant with the Re- had raised separatist flags in the northern Food and Drug Administration. gional Development Planning Body in town of Manokwari on Friday. The use of screening mammography pro- Jayapura. ALLEGATIONS OF TORTURE AND KILLINGS vides a ray of hope in the fight against breast According to Amnesty International, it is The military’s withdrawal follows a new cancer. Early detection of breast cancer ``concerned for the safety of Don Falsy who policy of reducing activity in troubled areas E2086 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 in order to avoid the human rights violations Women can rest assured that under the Mam- New York. The fire department celebrated its which harmed Indonesia’s international mography Quality Standards Act, national 100th year of service on May 23, 1998. image under Mr. Suharto. Combat operations quality control standards are enforced by regu- The East Rochester Volunteer Fire Depart- against the pro-independence movement in ment was organized in 1898, after a serious East Timor stopped in June. That coincided lar inspection and that every facility performing with an offer of autonomy from President mammographies will be held to the standards barn fire in the village of Despatch brought at- B.J. Habibie which has given new hope for an for safety, well trained technicians and accu- tention to the need for a fire brigade. A meet- end to the conflict there. rate readings. ing was held at Despatch Hall and the Des- In August, the armed forces also pulled More than one million breast biopsies are patch Fire District was formed, consisting troops out of the province of Aceh after rev- performed each year in the U.S. and approxi- mostly of local businessmen. elations of widespread abuses against the mately 80% of these biopsies are proven be- Shortly after a second fire, the village of local population. Human rights groups hope nign. A recent non-surgical biopsy procedure Despatch voted to allocate funds to cover the the move in Irian Jaya will end similar abuses there. Many allegations of torture called the mammotome allows women to purchase of land, equipment, and the con- and extra-judicial killings have been made choose a less invasive alternative to surgical struction of a public hall, that was later turned against the soldiers who went into a remote biopsies with minimal scarring and no general over to the fire department. Later the village of area of the province in 1996 after separatist anesthesia. This ground breaking procedure Despatch was renamed the village of East rebels took a number of Indonesians and Eu- will provide women with an alternative to sur- Rochester. ropeans hostage. gery and should ultimately result in better care With a proud history of voluntarism, the Fire SOME IRIANS CALLING FOR INDEPENDENCE and treatment for women. Department has thrived and grown over the Irian Jaya, home to one of the world’s big- While early detection is saving lives, we years. Using donations and moneys received gest gold and copper mines, the Freeport, is must not become complacent about local can- from the village, the fire department has been a former Dutch East Indies territory of 1.5 cer rates and the potential link between envi- able to update its equipment, and utilize new million people. It forms the western half of ronmental factors and breast cancer and other methods in fire prevention and control. How- the huge island of new Guinea, with inde- cancers. In a recent review, the Center for ever, the cornerstone of the department's suc- pendent Papua New Guinea occupying the eastern half. Disease Control (CDC) has concluded that the cess has been the dependability and generos- Our correspondent Jonathan Head says incidence of invasive breast cancer in San ity of its volunteers. just as the Indonesian authorities are adopt- Francisco has been determined to be com- I take great pride in knowing that a volun- ing a softer approach towards dissent, they parable to other areas in the nation. However, teer fire department of East Rochester's high are facing more open hostility in Irian Jaya. I believe it is essential that the CDC continue caliber protects families and businesses in my The political changes in Jakarta have to monitor local cancer rates and further na- district. I send my sincere and heartfelt thanks prompted many Irians to campaign for an tional research on the link between cancer to the East Rochester Volunteer Fire Depart- independent state despite warnings from the ment for all its contributions throughout the military that this is unacceptable. and the environment, particularly in light of Those soldiers who remain in the province questions about an increased incidence of past century. have the difficult task of trying to contain breast cancer in the Bayview Hunters Point Today, I ask that my colleagues pause with the growing opposition to Indonesian rule area. me to honor the legacy of one of America's without resorting to the heavy-handed tac- As a Member of the House Appropriations greatest volunteer organizations: the East tics of the past. Committee on Labor-Health and Human Serv- Rochester Volunteer Fire Department of East f ices-Education, I have requested that the Na- Rochester, New York. tional Academy of Sciences study the status f SENSE OF THE HOUSE REGARDING of scientific knowledge of the environmental IMPORTANCE OF MAMMOGRAPHY causes of breast cancer and identify research A TRIBUTE TO ARTHUR AND AND BIOPSIES IN FIGHTING needs and establish research priorities in this ISABEL WATRES BREAST CANCER area. In addition, I am joined by several of my col- HON. JOSEPH M. McDADE SPEECH OF leagues, to request that the General Account- OF PENNSYLVANIA HON. NANCY PELOSI ing Office conduct a comprehensive review of IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA federal environmental health research activi- Saturday, October 10, 1998 IN THE HOUSE OF REPRESENTATIVES ties. Mr. MCDADE. Mr. Speaker, I rise today to Thursday, October 8, 1998 Mr. Speaker, during Breast Cancer Aware- ness Month, let us renew our commitment to pay tribute to the many contributions of Arthur Ms. PELOSI. Mr. Speaker, I rise today to fighting breast cancer by increasing funding Watres and his mother, Mrs. Reyburn (Isabel) recognize October as Breast Cancer Aware- levels for research and for breast and cervical Watres, to Lacawac in Wayne County, Penn- ness Month. The statistics on breast cancer screening programs. We must also continue to sylvania. present an alarming picture. In 1998, in the educate and inform women about regular self- Thanks to the Watreses, Lacawac has a state of California alone, there were 17,600 examination, physician examination, and to brilliant future, but Lacawac also has a rich new cases of breast cancer among women ensure access to low-cost, effective mammo- history. The property which makes up and 4,300 deaths from breast cancer. Nation- grams. Lacawac was a grant of land from the British wide, approximately 180,000 new cases of If we continue our national commitment to crown to the family of William Penn which was breast cancer will be diagnosed this year and research and prevention efforts in the fight acquired by James Wilson, a signer of the more then 43,000 women will die from the dis- against breast cancer, the discovery of causes Declaration of Independence. In 1849, a large ease. One out of nine women in the U.S. will and cures for a disease that has no apparent portion of this land was acquired by Burton G. develop breast cancer in her lifetime. This risk cause or cure may soon become a long await- Morss, who built a sawmill and tannery on the has increased from one out of 14 in 1960. ed reality. Wallenpaupack River at LedgedaleÐthen a While the statistics are staggering, we can f sizable frontier town. be encouraged by the progress in the areas of The tannery burned in 1895, and Morss research, technology and early detection HONORING THE CENTENNIAL closed his business. At the turn of the century, which have increased survival rates to about CELEBRATION OF THE EAST William Connell bought the property in order to two million breast cancer survivors in America ROCHESTER VOLUNTEER FIRE build a summer estate. Connell began his ca- today. With over 43,000 women dying from DEPARTMENT IN EAST ROCH- reer driving a coal wagon. He worked hard, breast cancer each year, early diagnosis and ESTER, NEW YORK saved and bought the company following the patient education are critical in the battle Civil War. He later served in the U.S. House against this deadly disease. HON. LOUISE McINTOSH SLAUGHTER of Representatives and unsuccessfully sought Mammogram testing can reveal breast can- OF NEW YORK the Republican nomination for Governor of cer at its earliest stageÐup to two years be- IN THE HOUSE OF REPRESENTATIVES Pennsylvania in 1902. fore it is obvious in a breast exam. Recently, When William Connell died in 1909, none of both the House and Senate passed a meas- Saturday, October 10, 1998 his eleven children wanted to maintain the es- ure to reauthorize the Mammography Quality Ms. SLAUGHTER. Mr. Speaker, today I rise tate. They all lived in Scranton, and Lacawac Standards Act to ensure that national quality to pay special tribute to the East Rochester was a long train ride to a rough and dusty control standards are met for mammography. Volunteer Fire Department in East Rochester, coach ride away. CONGRESSIONAL RECORD — Extensions of Remarks E2087 Lacawac was then touched by another re- Civil Defense Director. While her husband, ma Mothershed Wair, Ernest Green, Elizabeth markable man, Colonel Louis A. Watres, a Danny and two children, Roxie and Ryan have Eckford, and Jefferson ThomasÐbetter known major figure in Scranton for 50 years, who always known what a great wife and mother to the nation as the Little Rock Nine. went to work after completing the fourth grade. they have, Evansville has been equally When I read, hear, and think about the per- He continued to educate himself throughout blessed in benefiting from Nancy's dedication sonal sacrifices that these young men and his life. He clerked for Judge John Handley, to her community. women were forced to make in the struggle to read for the bar and established himself in During the flood of 1993, the citizens of give real meaning to our nation's founding practice. He also pursued a successful politi- Evansville realized just how fortunate they principles of freedom, opportunity, liberty, cal career as County Solicitor, State Senator, were to have Nancy Schilling as the city clerk. equality, and justice for all, I am humbled and Lieutenant Governor of Pennsylvania, and At a time when Evansville was under great forever thankful. two-time Republican nominee for Governor. strain facing the damage from the flood, she With a display of honor, dignity, and integrity He quickly rose through the ranks of the became the organizing force in rebuilding the well beyond their years, each one of these Pennsylvania National Guard to become colo- community. Nancy coordinated efforts with the pioneers for progress endured and overcame nel of the 11th Regiment during the Spanish National Guard, Army Guard, and Coast unthinkable emotional, verbal, and physical American War. Colonel Watres organized the Guard to assist in a rapid response flood relief abuse as they fought to breakdown an entire Spring Brook Water Company which became plan. She was also instrumental in securing nation's legacy of prejudice and racial hatred part of the Pennsylvania Gas and Water Com- state and federal grant money to provide criti- at the schoolhouse door. pany. It was a Wallenpaupack dam project cal additional support for southern Illinois. Mr. Speaker, as we seek to begin paying that made it necessary to acquire the Connell What is most notable about Nancy Schilling America's debt of gratitude to these heros and property. is her willingness to meet any challenge pre- heroinesÐknown as the Little Rock NineÐby Colonel Watres' two grandchildren visited sented to her with a friendly smile and deter- awarding them the Congressional Medal of Lacawac for an occasional picnic or weekend mined spirit. Evansville recently recognized Honor, let us not forget that we stand on the over the years. The awesome natural beauty her as their Citizen of the Year. I commend brink of a new millennium with the chance to learn from the lessons and legacies of our of Lacawac appealed to Arthur Watres, and he Nancy for this well-deserved tribute, honoring past and contemplate the challenges and moved there with his recently-widowed moth- her integrity, compassion, and outstanding er, Mrs. Reyburn Watres, in 1948. choices that lie ahead. commitment to Evansville. As we recognize the contributions of the Lit- The entrance road was almost impassable. Mr. Speaker, I ask my colleagues to join me tle Rock Nine and consider how their lives The dock had collapsed into the lake. The roof in recognizing Nancy Schilling for the fine ex- of every building leaked. The screening was have made the future brighter for today's ample she has set for us all. young people, I am reminded of the words of gone. The staining of the shingles and paint- f ing of trim had been neglected for two dec- Dr. Martin Luther King, that: ``we are all caught ades. Porches and sills were riddled with ter- IN HONOR OF JULIE MOSES in an inescapable network of mutuality, tied in mites and timber ants. a single garment of destiny. What affects one The Watreses joined the Nature Conser- HON. DENNIS J. KUCINICH directly affects all indirectly.'' Mr. Speaker, vancy. At the suggestion of Dr. Richard bearing in mind this undeniable principle, I be- OF OHIO lieve if America is to fulfill the legacy of the Lit- Pough, that organization's first president, they IN THE HOUSE OF REPRESENTATIVES arranged for scientists from the Philadelphia tle Rock Nine and move from what has been Academy of Natural Sciences to visit Saturday, October 10, 1998 in the 20th century to what can be in the new Lacawac. At that time, Lacawac was found to Mr. KUCINICH. Mr. Speaker, I rise today to millennium, thenÐas a nationÐwe must strive be the southernmost unpolluted glacial lake in extend my thanks to Julie Moses, an Amer- to acknowledge, embrace, and realize our di- the United States and an ideal baseline lake ican Association for the Advancement of versity to its fullest. for research. Science legislative fellow who has worked dili- f The Watreses formed the Lacawac Sanc- gently in my office for the past year. I am OMNIBUS NATIONAL PARKS AND tuary Foundation in 1966, and turned over the grateful for her outstanding efforts on my be- PUBLIC LANDS ACT OF 1998 lake, most of the infrastructure and much of half. the land to the Foundation. After many difficult Her invaluable contribution in staffing hear- SPEECH OF years, the board was reorganized in 1990 and ings, writing letters, undertaking legislative re- HON. LOUIS STOKES the relationship with the Lehigh University search and her particular expertise in space OF OHIO Earth and Environmental Sciences Depart- and technology related issues proved that my IN THE HOUSE OF REPRESENTATIVES ment was formalized. confidence in her was well placed. I echo the Friday, October 9, 1998 Lacawac lies within 100 miles of 140 institu- sentiments of my entire staff in expressing that tions of higher learning, and the Lacawac she proved more than capable in the face of The House in Committee of the Whole Sanctuary Foundation is committed to drawing this challenging work. The professionalism, House on the State of the Union had under to this beautiful, natural laboratory a strong determination, and drive that she dem- consideration the bill (H.R. 4570) to provide and significant scientific community to work for onstrated in her time with us is much appre- for certain boundary adjustments and con- the benefit of mankind. ciated. veyances involving public lands, to establish and improve the management of certain her- Mr. Speaker, we are all richer for the natural I hope that she learned as much in working beauty around us. Thanks to the foresight of itage areas, historic areas, National Parks, with us as we learned from the experience of wild and scenic rivers, and national trails, to the Watreses, the magnificence of Lacawac working with her. I wish to thank her again for protect communities by reducing hazardous continues both to inspire the love of our re- being an important part of our collective suc- fuels levels on public lands, and for other gion's natural beauty and to encourage re- cess. I wish her luck in all her future endeav- purposes: sponsible scientific and personal stewardship ors. Mr. STOKES. Mr. Chairman, I rise in strong of the land. f opposition to H.R. 4570, the Omnibus National f Parks and Public Lands Act of 1998. This LITTLE ROCK NINE MEDALS AND HONORING NANCY J. SCHILLING compilation of many separate bills contains COINS ACT provisions which waive current environmental protections, provide subsidies and benefits to HON. JERRY F. COSTELLO SPEECH OF OF ILLINOIS exclusive special interests, and undermine IN THE HOUSE OF REPRESENTATIVES HON. HAROLD E. FORD, JR. protections for national parks and public lands. OF TENNESSEE Due to the many destructive environmental Saturday, October 10, 1998 IN THE HOUSE OF REPRESENTATIVES provisions contained in this measure, opposi- Mr. COSTELLO. Mr. Speaker, I rise today to tion remains truly bipartisan in nature, with Friday, October 9, 1998 ask my colleagues to join me in honoring groups ranging from the League of Conserva- Nancy J. Schilling, a dedicated civil servant in Mr. FORD. Mr. Speaker, I rise today in sup- tion Voters, to Taxpayers for Common Sense Evansville, Illinois, in my Congressional dis- port of H.R. 2560, a bill to award the Congres- expressing their disapproval. trict. sional Medal of Honor to Jean Brown Trickey, While many provisions contained in this Nancy serves as the city clerk for the village Carlotta Walls Lanier, Melba Patillo Beals, measure enjoy broad support from the admin- of Evansville and as the Randolph County Terrence Roberts, Gloria Ray Karlmark, Thel- istration and Members alike, this omnibus E2088 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 1998 measure includes many ``poison pill'' sections legislation essentially denies the weakest and Finally, I am disappointed with this meas- which were assured to fail individually. The most vulnerable of our nation's citizens impor- ure's elimination of funding for the Low-In- administration continues to oppose provisions, tant programs which provide positive opportu- come Housing Energy Assistance Program, or contained in H.R. 4570, which would endanger nities to succeed in life. It shortchanges the LIHEAP. LIHEAP provides heating and cooling our Nation's natural resources. The President youth of our nation by virtually eliminating the assistance to 4.3 million low-income house- has indicated that he will veto the measure in Administration's education agenda, subjects holds by way of nurturing an effective funding its current form. millions of America's most vulnerable families partnership with all levels of government and I am concerned that the majority has cho- to hardships with the elimination of LIHEAP, the private sector. This is a crucial need in sen not to provide, sufficient opportunity to dismantles common sense programs that help cold weather states such as Minnesota. remedy and find consensus among Members young people prepare for the world of work; You don't have to be a meteorologist, sci- regarding the deficiencies contained in this bill. and severely undercuts funding for programs entist or environmentalist to notice the weather In fact, there are seventeen provisions within which tackle labor issues such as adequate patterns in the past few years. Most Minneso- this measure which have never been heard or wages, organizing rights, worker health and tans are familiar with the extremes in weather- taken up before the Committee on Resources. safety enforcement. related conditions: dangerous winter tempera- An additional forty-eight have yet to be re- As a former educator, I am a strong sup- tures down to 30 degrees below zero com- ported out of committee. However, the bill's porter of programs that invest in our nation's bined with even more frigid arctic windchills, sponsors have chosen to combine these provi- children. Education is the most important in- producing advisory warnings against stepping sions without opportunity for and the benefit of vestment we can make to ensure the welfare outside with exposed skin for more than five debate or amendment. Such heavy handed of our nation's future. Our public schools face minutes. We Minnesotans in turn sympathize enormous challenges in the next several and partisan tactics espouse the worst quali- with Texans this past summer, where at least years, including record high numbers of stu- ties of legislating in a politically motivated en- 79 people died due to heat-related illnesses dents, increasing proportions of students with vironment. during the long, 100-plus degree heatwave. disabilities, billions of dollars in unmet infra- I take particular exception to several sec- These extremes in temperatures translate into structure needs and the challenge of making tions included in this bill. For example, I object education technology available to all students. unpredictable energy bills for everyone, but to efforts which hinder Presidential authority, To often I must report that as public schools have particularly dire consequences for indi- as granted under the Antiquities Act, to protect struggle critics make their task more difficult viduals struggling on a limited income, and our most significant and valuable natural re- rather than offer the resources. This irrespon- disparities of income have persisted and com- sources on Federal lands. Also, I am opposed sible appropriation clearly ignores the fact that pound this program zero funding policy path. to efforts to accelerate timer harvesting on education has consistently been rated as a top It is estimated that the average American Federal lands in the name of ``forestry man- priority of our constituentsÐit is almost impos- household spends 6.8 percent of its income agement.'' sible to list all of the negative provisions in- on energy bills during the most expensive In addition to circumventing the environ- cluded, but let me highlight, some of the ``low- heating and cooling seasons. A low-income mental review process under the National En- lights''. The Republican bill eliminates Title I household spends an average of 17.4%, and vironmental Policy Act (NEPA), this section reading and math assistance for 520,000 dis- sometimes up to 30%. That's at least two and does not allow for careful and prudent plan- advantage students; eliminates Perkins col- a half times the average burden. We're talking ning for timber harvesting. Further, it creates lege loans and Byrd Scholarships for 120,000 about the poor elderly, children, low-income additional timber subsidies through a new students, cuts $300 million from Goals 2000 single parentsÐpersons already hit with the credit program established for loggers. Such and Eisenhower teacher training programs struggles of welfare-to-work and cuts in Medi- ``poison pill'' sections in this omnibus measure and turns them into block grants; and cuts care coverage. need to be addressed on a singular basis funding or drug and violence prevention coor- Yet in the wake of tornadoes, floods, hurri- without hindering the passage of other non- dinators at 6,500 middle schools. It cuts fund- canes, and other natural disasters, the Repub- controversial provisions. ing for the School-to-Work program by $250 lican leadership has seized upon this oppor- Mr. Chairman, while I support many of the million, eliminates funding for Star Schools, tunity to create a battle between underserved provisions contained in this omnibus act, I thereby shutting down innovative programs for populations. The Labor-HHS-Education bill cannot support them with the many more envi- using technology and telecommunications justifies taking money out of LIHEAP to pay ronmentally adverse sections contained in this equipment in the classroom in low-income for an increase in our nation's medical re- bill. Until such adverse provisions are removed school districts. This Republican effort will search program. While I understand the impor- from this bill, I will urge my colleagues to vote withdraw funding for the Summer Youth Em- tance of advancements in medical research, against H.R. 4570, while continuing to work to- ployment and Training program and will pre- robbing Peter to pay Paul does not alleviate ward enactment of a bill that is responsive to vent over 530,000 young Americans from the long-term health, nutrition and safety prob- the needs of our national parks and public gaining work experience and learning the valu- lems caused by placing low-income individuals lands. able work ethics. in between a rock and a hard place, forcing f Proponents of this bill gloss over and ignore them to decide whether to heat or eat. Energy these drastic cuts in education and will instead assistance is one of the simplest and most ef- DEPARTMENTS OF LABOR, applaud the needed and provided increases fective ways of preventing individuals from HEALTH AND HUMAN SERVICES, for Pell Grants, TRIO, Impact Aid and Special having to make that choice. Should we really AND EDUCATION, AND RELATED education. However, the bill provides only a expect the poorest of the poor, the working AGENCIES APPROPRIATIONS $537 million, or 1.8% increase in program lev- poor to be the qualitative cut that will help us ACT, 1999 els for the department of educationÐa figure fight the great ills that have faced mankind which falls substantially below the 2.2% infla- through the ages. SPEECH OF tion rate projected for FY 99, so we are going I urge my colleagues to express their com- HON. BRUCE F. VENTO backwards. mitment to a more preventive approach to OF MINNESOTA But that's not all. This bill doesn't just target meeting the needs of underserved popu- IN THE HOUSE OF REPRESENTATIVES the youth of our Nation to accept far less. H.R. lations. Vote no on the current Labor-HHS- 4247 is extreme in its disregard for the protec- Thursday, October 8, 1998 Education appropriations package. tion of our workforce. It provides inadequate f The House in Committee of the funding for federal laws which protect their Whole House on the State of the Union health and safety, and their right of workers to SONNY BONO COPYRIGHT TERM had under consideration the bill (H.R. organize and bargain collectively. In addition, EXTENSION ACT 4274) making appropriations for he De- this bill ignores the growing need for highly partments of Labor, Health and Human skilled workers, cutting, nearly in half, the SPEECH OF Services, and Education, and related number of people who can participation in em- HON. JOE SCARBOROUGH agencies, for the fiscal year ending ployment and training programs. This contin- OF FLORIDA September 30, 1999, and for other pur- ued attack upon America's labor force and the IN THE HOUSE OF REPRESENTATIVES poses: extreme underfunding of principal programs Mr. VENTO. Mr. Chairman, I rise today in which protect workers' wages, pensions, and Wednesday, October 7, 1998 strong opposition to the Labor-HHS±Education equal opportunity rights is truly a slap in the Mr. SCARBOROUGH. Mr. Speaker, I rise in Appropriations Act for fiscal year 1999. this face to the working families of America. support of Title I of S. 505, the Copyright CONGRESSIONAL RECORD — Extensions of Remarks E2089

Term Extension Act, but rise in opposition to S. 391, sponsored by Senator DORGAN of judgment fund is compensation for lands taken title II of the bill, relating to fairness in music North Dakota and cosponsored by his col- from this aboriginal tribe it stands to reason licensing. Title II amounts to bad legislative league from North Dakota and his colleagues and the 1972 act says as much explicitly, that decision-making for at least three reasons: (1) from Montana and South Dakota, was origi- eligibility to participate as a distributee must it is a shortsighted policy; (2) it is potentially nally introduced as a companion bill to H.R. be based on lineal descendance from the ab- an unconstitutional taking; and (3) it violates 976. My legislation was brought up in the original tribe. The only way to assure this is to our multilateral treaty obligations which is like- House under suspension of the rules and have applicants identify a lineal ancestor who ly to result in trade sanctions of property of passed on September 8, 1997. was a member of the tribe. S. 391 now more songwriters. After receiving the referral of H.R. 976 the emphatically requires this. The Secretary, First, by exempting most commercial estab- Senate Committee on Indian Affairs held a under S. 391, must use certain specified rolls lishments from paying copyright licensing fees hearing on the measure on October 21, 1997 to establish that an applicant has a lineal an- for the public performance of music, the pro- and favorably reported an amendment in the cestor who was a member of the aboriginal posal will radically reduce the royalties that nature of a substitute on November 4, 1997. tribe. However, it is not sufficient to simply performing rights organizations (BMI, ASCAP In order to address concerns raised by the Ad- identify an ancestor on one of the rolls re- and SESAC) will collect on behalf of song- ministration, the Committee on Indian Affairs ferred to in S. 391. In addition it is necessary writers. Admittedly, proponents of eroded pro- held a legislative hearing on S. 391 on July 8, to ascertain that, that ancestor was a member tectionÐthose that want a free ride off the 1998. Only July 29, 1998 the committee favor- of the aboriginal Sisseon and Wahpeton Mis- backs of creatorsÐare numerous and orga- ably reported S. 391 with an amendment in sissippi Sioux Tribe. If the use of a particular nized. But, this is no reason to enact legisla- the nature of a substitute. The Senate passed roll does not permit the Secretary to determine tion that will extinguish the flame of creativity S. 391 on October 9, 1998. that aboriginal tribe membership, then the and will chill the progress of science and the The major difference between H.R. 976 as Secretary must use other rolls, closer in time useful arts. passed by the House and S. 391 as passed to the existence of the aboriginal tribe, to as- Second, the right to own private property by the Senate concerns the amount of the sure that an applicant has identified a ``specific free from arbitrary government interference is judgment fund to be distributed to the three Sisseton and Wahpeton Mississippi Sioux a basic tenet of American life. In fact, the right Sisseton and Wahpeton tribes. Under H.R. Tribe lineal ancestor.'' to own property is as ancient as humankind 976, these tribes would receive the interest on the undistributed funds and the lineal de- Section 8 is another important provision in itself, with the enforcement of property rights scendants would receive the principal origi- S. 391. Subsections (a) and (f) of this section being a part of legal systems worldwide. nally allocated to them in the 1972 act. Under guarantee that if the lineal descendants bring Under our constitutional scheme of govern- S. 391, the tribes will receive about 28.3 per- suit challenging the constitutionality of the allo- ment, property cannot be ``taken'' by govern- cent of the undistributed funds and the lineal cation to the tribes, the tribes will have the ment action without just compensation. Al- descendants will receive about 71.6 percent. right to intervene in that suit to challenge the though debate swirls around the definition of This disposition of the fund was resulted from constitutionality of the allocation that S. 391 the term ``taking'', common sense dictates that extensive consultations by the Senate Com- makes to the lineal descendants. Most impor- the term refers to any acts that diminish or de- mittee on Indian Affairs both with the tribes tantly, the tribes will have the right to have prive any legally protected right to use, pos- and with the Administration. The Administra- their constitutional claims heard and deter- sess, exclude others, or dispose of one's tion, in turn, consulted with representatives of mined on the merits. This was an important property, real or intellectual. Title II of the bill the lineal descendants. provision requested by the tribes as part of the ``takes'' the property of songwriters and While in my opinion the tribes should re- negotiations that resulted in the reduction of ``gives'' it to commercial establishments to use ceive the funds provided in the House passed the tribal allocation from that allowed under without compensation. In my opinion, it is tak- measure the allocation funds in S. 391 rep- H.R. 976. The tribes' constitutional claims ing without due process of law and just com- resents a reasonable approach to accommo- have never been determined on the merits de- pensation and is therefore unconstitutional. dating the concerns and interests of the Ad- spite the Federal court in Montana and United Third, the Secretary of Commerce has al- ministration, the tribes and lineal descendants. States Court of Appeals for the Ninth Circuit ready advised Congress that fairness in music The cap S. 391 places on the amount of funds both stating that the tribes' claims merited liti- licensing reform legislation violates our inter- to be distributed to unaffiliated lineal descend- gation. These courts nevertheless was com- national treaty obligations. His words have ants is particularly important. The United pelled to dismiss the claims as barred by a been seconded by a drumbeat of statements States has an important government-to-gov- statute of limitations. A subsequent constitu- from the United States Trade Representative, ernment relationship with these tribes and a tional challenge by the tribes was dismissed the Register of Copyrights, and the Assistant trust responsibility to them that supports pro- on res judicata grounds by the Federal court Secretary of Commerce and Commissioner of viding to the tribes the greatest percentage in the District of Columbia. Section 8 of S. 391 Patents and Trademarks that an overly broad possible of the judgment fund that is com- will now allow these claims to be determined exemption in section 110(5) of the Copyright pensation for the taking of lands owned by the on the merits. In the context of S. 391, which Act would ``violate our obligations under the tribes. Providing the greatest percentage pos- also allows the lineal descendants to chal- Berne Convention for the Protection of Literary sible will improve the desperate economies of lenge the distribution made to the tribes, it is and Artistic Works.'' I believe that Title II will these tribes while diminishing the amount of basic fairness to level the playing field by al- result in a WTO finding that we have violated the fund that will be distributed per capita to lowing the tribes to challenge the distribution our multilateral treaty obligations. unaffiliated lineal descendants to whom the to lineal descendants without the impediment For these reasons, I oppose Title II of the United States does not owe the same trust ob- of the types of defenses that in the past pre- bill but because I support Title I, I will not ask ligation. vented the tribes from securing a merits dis- for a recorded vote. Apart from changing the tribal allocation, position of their constitutional claims. f much of the remainder of S. 391 is the same Subsection (f)(1) of S. 391 would preclude as or similar to provision contained in H.R. the tribes, once they receive a distribution MISSISSIPPI SIOUX TRIBES JUDG- 976. There are, however, certain new provi- under this act, from litigating a claim to chal- MENT FUND DISTRIBUTION ACT sions that make more acceptable the reduc- lenge the distribution to lineal descendants OF 1998 tion in the distribution to the tribes. One is a arising under the 1972 act. However, if such provision that tightens the methods used by SPEECH OF a challenge commenced prior to the receipt of the Secretary to verify the Sisseton and a distribution, that challenge is not impeded Wahpeton Mississippi Sioux Tribe lineal an- HON. RICK HILL from proceeding. Also subsection (f)(2), as cestry of new applicants who seek to partici- OF MONTANA mentioned, protect the right of the tribes to se- pate as lineal descendants. The methods used IN THE HOUSE OF REPRESENTATIVES cure a disposition on the merits of any claim by the Secretary with respect to those already they bring in intervention under subsection (a). Saturday, October 10, 1998 identified as lineal descendants resulted in Mr. HILL. Mr. Speaker, I rise to support S. only 65 of those 1,988 individuals tracing an- This bill has bipartisan support. 391, the ``Mississippi Sioux Tribes Judgment cestry to a member of the Sisseton and I urge my colleagues to support this meas- Fund Distribution Act of 1998.'' Wahpeton Mississippi Sioux Tribe. Since the ure. Sunday, October 11, 1998 Daily Digest Senate Chamber Action Committee Meetings The Senate was not in session today. The Senate was not in session today, it will next meet on Monday, October 12, 1998, at 2 p.m. h House of Representatives Quorum Calls—Votes: There were no recorded Chamber Action votes or quorum calls. Bills Introduced: 2 public bills, H.R. 4805–4806, Adjournment: The House met at 2 p.m. and ad- were introduced. Page H10560 journed at 8:30 p.m. Reports Filed: No reports were filed today. Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Brady Committee meetings of Texas to act as Speaker pro tempore for today. There were no Committee meetings today. Page H10515

D1153 D1154 CONGRESSIONAL RECORD — DAILY DIGEST October 11, 1998

Next Meeting of the SENATE 4. H.R. 4772, to amend the Federal Election Campaign Act 2 p.m., Monday, October 12 of 1971 to prohibit disbursements of non-Federal funds by for- eign nationals in campaigns for election for Federal office. Senate Chamber 5. H.R. 1274, National Institute of Standards and Tech- nology Authorization Act. Program for Monday: After the transaction of any morning 6. S. 610, Chemical Weapons Convention Implementation business (not to extend beyond 3 p.m.), Senate may consider Act. any conference reports or legislative or executive items cleared for action. 7. H.R. 3055, Miccosukee Reserved Area Act. 8. S. 1693, National Park Service Concession Management Improvement Act of 1998. Next Meeting of the HOUSE OF REPRESENTATIVES 9. S. 2349, Hazardous Materials Transportation Reauthoriza- tion Act of 1998. 12:30 p.m., Monday, October 12 10. H.R. 3899, American Homeownership Act of 1998. 11. S. 2524, to codify without substantive change laws relat- House Chamber ed to Patriotic and National Observances, Ceremonies, and Or- Program for Monday: Consideration of Suspensions: ganizations. 1. H.R. 3494, Child Protection and Sexual Predator Punish- 12. H.R. 2281, WIPO Copyright Treaties Implementation ment Act of 1998. Act. 2. H.R. 3888, Anti-slamming Amendments Act. 13. H. Res. ———, Calling on the President to take all 3. H.R. 4781, to amend the Federal Election Campaign Act Necessary Measures under Existing Law to Respond to the Sig- of 1971 to require the national committees of political parties nificant Increase of Steel Imports Resulting from the Financial to file pre-general election reports with the Federal Election Crises in Asia, Russia and other Regions and for other pur- Commission without regard to whether or not the parties have poses. made contributions or expenditures under such Act during the 14. H.R. 4738, Extending Certain Provisions and Providing periods covered by such reports. Tax Relief for Farmers and Small Business.

Extension of Remarks, as inserted in this issue HOUSE Emerson, Jo Ann, Mo., E2052 Leach, James A., Iowa, E2077 Sherman, Brad, Calif., E2069, E2071, English, Phil, Pa., E2070, E2072, E2082 Lee, Barbara, Calif., E2053, E2055 E2075, E2077, E2078, E2079 Allen, Thomas H., Maine, E2060 Ensign, John E., Nev., E2083 Lofgren, Zoe, Calif., E2083 Skaggs, David E., Colo., E2074 Bachus, Spencer, Ala., E2049 Etheridge, Bob, N.C., E2051 McDade, Joseph M., Pa., E2086 Slaughter, Louise McIntosh, N.Y., Bartlett, Roscoe G., Md., E2084 Evans, Lane, Ill., E2071 Maloney, Carolyn B., N.Y., E2049, E2050 E2086 Barton, Joe, Tex., E2076 Faleomavaega, Eni F.H., American Maloney, James H., Conn., E2067 Snowbarger, Vince, Kans., E2077 Becerra, Xavier, Calif., E2084 Samoa, E2072, E2085 Mink, Patsy T., Hawaii, E2071 Spence, Floyd D., S.C., E2078 Bentsen, Ken, Tex., E2049 Ford, Harold E., Jr., Tenn., E2061, E2087 Morella, Constance A., Md., E2051, Stabenow, Debbie, Mich., E2079 Berry, Marion, Ark., E2059, E2068, E2078 Gilman, Benjamin A., N.Y., E2068, E2075 Stokes, Louis, Ohio, E2051, E2087 Bilbray, Brian P., Calif., E2066 E2076 Murtha, John P., Pa., E2053 Tauzin, W.J. (Billy), La., E2075, E2082 Bilirakis, Michael, Fla., E2085 Gordon, Bart, Tenn., E2070 Ortiz, Solomon P., Tex., E2079 Tierney, John F., Mass., E2065 Bliley, Tom, Va., E2073 Hill, Rick, Mont., E2089 Packard, Ron, Calif., E2052 Towns, Edolphus, N.Y., E2066, E2071 Bonior, David E., Mich., E2067 Jackson-Lee, Sheila, Tex., E2070, E2072, Pappas, Michael, N.J., E2073, E2079 Underwood, Robert A., Guam, E2083 Brady, Kevin, Tex., E2054 E2075, E2077, E2078, E2081 Paul, Ron, Tex., E2055 Vento, Bruce F., Minn., E2088 Clay, William (Bill), Mo., E2066 Kennedy, Patrick J., R.I., E2060 Payne, Donald M., N.J., E2067 Visclosky, Peter J., Ind., E2050, E2052 Costello, Jerry F., Ill., E2087 Kind, Ron, Wisc., E2069 Pelosi, Nancy, Calif., E2086 Weygand, Robert A., R.I., E2081 Crane, Philip M., Ill., E2053, E2068 Klink, Ron, Pa., E2050 Pryce, Deborah, Ohio, E2082, E2084 Wolf, Frank R., Va., E2054 Davis, Danny K., Ill., E2059, E2069 Knollenberg, Joe, Mich., E2070, E2082 Sanders, Bernard, Vt., E2065 Deutsch, Peter, Fla., E2051 Kucinich, Dennis J., Ohio, E2057, E2087 Scarborough, Joe, Fla., E2067, E2088

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.