E10 CONGRESSIONAL RECORD — Extensions of Remarks January 6, 1999 party send up a raucous cheer when the chief THE IMPORTANCE OF PRESCRIBED a 1994 report by the Commission on Social executive enters the chamber. Even people BURNS IN AREA NATIONAL FOR- Security Notch Issue. There are two workers who despise the president jostle to be cap- ESTS who retired at the same age with the same av- tured on camera smiling, clapping and cheer- erage career earnings. One was born on De- ing for him. HON. JAMES E. ROGAN cember 31, 1916 and the other was born on Throughout the address, the president’s OF CALIFORNIA January 2, 1917. Both retired in 1982 at the supporters bounce up and down giving stand- age of 65. The retiree born in 1917 receives IN THE HOUSE OF REPRESENTATIVES ing ovations in response to choreographed $110 a month less in Social Security benefits rhetorical flourishes. His opponents, also Wednesday, January 6, 1999 than did the retiree born just two days before playing to the cameras, signify displeasure in 1996. Also take into consideration that there with stony silence. Or they disproportion- Mr. ROGAN. Mr. Speaker, recent figures from the Department of the Interior indicate are currently more than 6 million seniors in our ately applaud such presidential lines as ‘‘We Nation who are faced with this painfully obvi- must do better,’’ when ‘‘better’’ refers to a that the cost of fighting severe wildfires has ous inequity in the Social Security benefit policy that the opponents support. risen from $100 million per year just two dec- ades ago, to well over $1 billion today. In ad- computation formula. The president tosses rhetorical bouquets to dition, wildfires every year destroy hundreds of By phasing in an improved benefit formula people seated in the House gallery—his fam- over five years, the Notch Baby Act of 1999 ily, disabled veterans, civilian heroes. acres of forest lands, threatening lives, home and air quality. will restore fairness and equality in the Social The State of the Union address has become In many remote regions of the country, for- Security benefit computation formula for the a long, shallow and predictable bit of politi- Notch Babies. For once and for all this legisla- cal theater. A reversion to Jeffersonian dis- estry officials use small, controlled fires known as ``prescribed burns'' to remove excess un- tion would put to rest the Notch issue, and it cretion, considering the current cir- would put an end to the constant barrage of derbrush that fuels severe wildfires. In so cumstances, wouldn’t be a bad thing. mailings and fundraising attempts which target doing, they eliminate a major source of fuel of our Nation's seniors in the name of Notch re- wildfires, while also promoting healthier forest f form. Our seniors deserve fairness and equal- growth. ity in the Social Security system. They de- In metropolitan ares like Los Angeles, how- COMMENTS ON 1ST SWEARING IN— serve an end to the repeated congressional THE 106TH CONGRESS ever, officials are prevented from expanding stalling on this issue. I urge my colleagues in this procedure due to air quality regulations the House to discuss this issue with the sen- that limit emissions from all sourcesÐwildfires, iors in their districts, and to join me in ensur- HON. JOHN E. SWEENEY burns, smog, and the like. Last year alone, ing that the Notch issue is addressed in the these officials wanted to burn more than 106th Congress. OF NEW YORK 20,000 acres to protect local residents from f IN THE HOUSE OF REPRESENTATIVES out-of-control wildfires. Bureaucratic regula- tions, however, permitted the burning of only INTRODUCING H.R. 218, THE Wednesday, January 6, 1999 2,000 acresÐwell below safety expert's rec- COMMUNITY PROTECTION ACT ommendations. Mr. SWEENEY. Mr. Speaker, thank you, Mr. Working with Representatives DREIER, HON. RANDY ‘‘DUKE’’ CUNNINGHAM Speaker, and thank you, my newly confirmed MCKEON and local forestry and air quality offi- OF CALIFORNIA colleagues of the 106th Congress. I am truly cials, I have introduced the Forest Protection IN THE HOUSE OF REPRESENTATIVES honored to be here today joining this distin- Act. This measure will ease current restrictions Wednesday, January 6, 1999 guished group of Americans from across our for ten years to allow officials to conduct an great nation. Standing shoulder-to-shoulder in expanded prescribed burn program. Over the Mr. CUNNINGHAM. Mr. Speaker, today I the U.S. Capitol today with these Members of time-year period, local officials will monitor for- am reintroducing my legislation to permit quali- fied current and former law enforcement offi- the 106th Congress is an honor exceeded est health and air quality to ensure that both cers to carry a concealed firearm in any juris- only by that of representing the wonderful peo- improve over time. diction. This measure is called the Community ple of the 22nd District of New York. Local forestry officials are not the only ex- Protection Act, and I have requested that it be perts to recognize the importance of this pro- Mr. Speaker, I am truly humbled by the assigned the same bill number as in previous cedure. Both Interior Secretary Babbit and En- awesome responsibility and I am invigorated CongressesÐH.R. 218. by the challenge before meÐto carry on the vironmental Protection Agency chief Carol The Community Protection Act provides tradition of my esteemed predecessor, Jerry Browner have publicly supported prescribed three benefits to our police and to our country. Solomon, and to advance policies beneficial to burns as a means to promote forest health First, it effectively provides thousands more the 600,000 people I now represent. and prevent severe wildfires. trained cops on the beatÐat zero taxpayer The Forest Health and Wildfire Prevention cost. Today is a day dominated by idealistic vi- Act will give forestry officials the ability to use Second, it enables current and former law sions and profound rhetoric. While I bring with this time-tested technique to protect area resi- enforcement officers to protect themselves me today the ideals of freedom and oppor- dents and air quality while supporting the deli- and their families from criminals. When a tunity, I am riveted in the reality that these no- cate ecological balance in our forests. criminal completes his or her sentence, that tions must be translated into concrete results f criminal can find where their arresting officer in people's everyday life. Bringing tax relief to lives, where their corrections officer travels, NOTCH BABY ACT OF 1999 hard working families, promoting economic de- and other information about our brave law en- velopment to create new job opportunities, forcement personnel and their families. taking significant steps to ensure a safe and HON. JO ANN EMERSON And, third, it helps keep our communities drug-free environment in our schoolsÐAll OF MISSOURI safer from criminals. these examples make a difference in the IN THE HOUSE OF REPRESENTATIVES This measure is very similar to the H.R. 218 homes of the people of the Hudson Valley and Wednesday, January 6, 1999 reported by the Judiciary Committee in the Adirondack Mountains of New York and all will 105th Congress, with one exception: this ver- be my priorities as I take the oath of office Mrs. EMERSON. Mr. Speaker, I rise today sion for the 106th Congress does not address today. to introduce the Notch Baby Act of 1999 which the matter of interstate reciprocity for holders would create a new alternative transition com- of civilian concealed carry licenses. This Mr. Speaker, I would like to thank my family, putation formula for Social Security benefits measure affects police only. those that are here today and those that could for those seniors born between 1917 and In the interest of providing Members and the not make the trip, for all their love and support 1921. These seniors, who are generally re- public additional background information on as we begin this new endeavor. I would like to ferred to as ``Notch Babies,'' have been re- the Community Protection Act, I have attached thank Congressman Solomon a truly great ceiving lower monthly Social Security benefits below some excerpts from the Committee re- American, for his two decades of dedicated than seniors born in the years just prior to or port accompanying H.R. 218 from the 105th and tireless service to the citizens of the 22nd after this five year period. Congress (H. Rept. 105±819), and my testi- District of New York. And thank you to those There are those who dispute the existence mony before the House Judiciary Subcommit- same citizens that have entrusted me to ad- of a Notch problem. However, take into con- tee on Crime, the details of which remain ap- vance their views here in the U.S. Capitol. sideration the following example presented in plicable to the legislation I introduce today: CONGRESSIONAL RECORD — Extensions of Remarks E11 THE COMMUNITY PROTECTION ACT SELECTED Oplinger ended up capturing a suspected in complying with the Patient Bill of Rights. EXCERPTS FROM H. REPT. 105–819 bank robber at gunpoint on her day off yes- The VA determined it needed legislation to re- PURPOSE AND SUMMARY terday. imburse veterans for emergency care it didn't She happened to be in the area of Home H.R. 218, the ‘‘Community Protection Act provide. Wile being encouraged to view VA as of 1998,’’ establishes federal regulations and Savings Of America on Fifth Avenue near Washington Street about 12:30 p.m. when she their managed care provider, veterans could procedures which may allow active-duty and risks financial ruin if VA failed to comply with retired law enforcement officers * * * to saw a man running from the bank, a trail of travel interstate with a firearm * * *. red smoke coming from an exploded red dye the same emergency care reimbursement For law enforcement officers, H.R. 218 cre- packet that had been inserted into a wad of standards applied to private-sector managed ates strict guidelines which must be met be- the loot. health care providers. fore any law enforcement officer, active-duty With her gun drawn, she tracked down and Even before veterans began enrolling last caught the man. Citizens helped by gather- or retired, may carry a firearm into another year for VA care, VA's responsibility for reim- state * * *. ing up loose bank cash. The incident began when a man entered bursing veterans for the cost of emergency H.R. 218 establishes a mechanism by which health care services was confusing. VA would law enforcement officers * * * may travel the bank and asked a teller if he could open interstate with a firearm. Qualified active- an account. The teller gave him a blank form provide emergency care to only those veter- duty law enforcement officers will be per- and he left. He returned 10 minutes later, ap- ans who were either already at VA when the mitted to travel interstate with a firearm, proached the same teller and declared it was emergency occurred or to those veterans who subject to certain limitations and provided a robbery, showing a weapon and a demand were able to physically present themselves at that the officer is carrying his or her official note he had written on the same form the a VA facility before receiving required emer- badge and photographic identification. teller had given him. He then grabbed some money and ran out gency care from a non-VA provider. Generally, an active-duty officer is a quali- VA's physical ``tag up'' requirement creates fied officer under H.R. 218 if the officer is au- the door. The dye pack exploded outside, confusion for the majority of veterans who are thorized to engage in or supervise any viola- leaving a trail of smoke that attracted tion of law, is authorized to carry a firearm Oplinger’s attention and led to the suspect’s not on grounds during an emergency. Too at all times, is not subject to any discipli- arrest. often in crisis situations, veterans lack the time The names of the man and a possible ac- nary action by the agency, and meets any to resolve who will pay for their care before complice in a nearby car were not imme- agency standards with respect to qualifica- seeking treatment. diately released. A gun was recovered. tion with a firearm. A qualified active-duty This situation is likely to become even more officer may not carry a concealed firearm on Mr. Chairman, it is a good thing that Offi- confusing as VA begins to market itself as a any privately owned lands, if the owner pro- cer Oplinger was in San Diego. If she was in managed care provider featuring enrollment, a hibits or restricts such possession. A quali- many other states or in Washington, D.C., basic benefits package and a new primary fied officer may also not carry a firearm on she could have been charged with a crime. any state or local government property, in- care focusÐcharacteristics commonly associ- That’s wrong. We can fix it—with the Com- stallation, building, base, or park. However, ated with Health Maintenance Organizations munity Protection Act. (HMOs). Most HMOs reimburse enrollees for in their official capacity, law enforcement My bill seeks to change that by empower- officers are permitted to carry weapons ing qualified law enforcement officers to be pre-authorized emergency care. The pending whenever federal, state, or local law allows. equipped to handle any situation that may legislation would give VA the authority to reim- This legislation is not intended to interfere arise, wherever they are. . .. burse emergency care delivered by any pro- with any law enforcement officer’s right to In the tradition of less government, this vider if veterans had no other coverage for carry a concealed firearm, on private or gov- bill offers protection to police officers and to such care. ernment property, while on duty or in the all of our communities without creating new Many veterans are literally ``banking on'' VA course of official business. programs or bureaucracies, and without A qualified retired officer may carry a con- either furnishing or reimbursing their care for spending more taxpayer dollars. It helps pro- any condition in an emergency. Too many vet- cealed firearm, subject to the same restric- tect officers and their families from crimi- tions as active-duty officers, with a few addi- nals, and allows officers to respond imme- erans and their families have been financially tional requirements. A retired officer must diately to crime situations. devastated because they assume VA will be have retired in good standing, have a non- I encourage my colleagues to support this there for them in a health crisis. I believe vet- forfeitable right to collect benefits under a erans should be able to count on VA in an retirement plan, and have been employed be- common-sense legislation, which is supported fore retirement for an aggregate of five years by several of America's leading law enforce- emergency. or more, unless forced to retire due to a serv- ment organizations and by cops on the beat. I am encouraged by the recent rec- ommendation by a coalition of veterans serv- ice-related injury. In addition, a qualified re- f tired officer must complete a state-approved ice organizations, the Independent Budget firearms training or qualification course at INTRODUCTION OF VETERANS’ AC- group, to add funds to the FY 2000 VA Medi- his or her own expense * * *. CESS TO EMERGENCY CARE ACT cal Care budget in order to provide emergency OF 1999 care to veterans. I encourage my colleagues As you know, I am the sponsor of one of to cosponser and support this important legis- these measures, the Community Protection Act (HR 218). The Community Protection HON. LANE EVANS lation. Act permits qualified current and retired OF ILLINOIS f sworn law enforcement officers in good IN THE HOUSE OF REPRESENTATIVES standing to carry a concealed weapon into HONORING RABBI IRWIN GOLDEN- any jurisdiction. In effect, it means three Wednesday, January 6, 1999 BERG FOR HIS SERVICE TO THE things: More cops on the street, more protec- Mr. EVANS. Mr. Speaker, today I am intro- COMMUNITY tion for the public, at zero taxpayer cost. ducing legislation to assure that all veterans Too often, State laws prevent highly quali- enrolled in VA health care will receive cov- fied officers from assisting in crime preven- HON. WILLIAM F. GOODLING tion and protecting themselves while not on erage for emergency care services delivered OF PENNSYLVANIA duty. An officer who has spent his life fight- both in and outside of VA facilities. IN THE HOUSE OF REPRESENTATIVES Currently, most veterans lack access to re- ing crime can be barred from helping a col- Wednesday, January 6, 1999 league or a citizen in distress because he imbursement for such care unless the emer- cannot use his service revolver—a handgun gency occurs on VA grounds. Mr. GOODLING. Mr. Speaker, I rise today that he is required to train with on a regular Many VA medical centers don't routinely to honor Rabbi Irwin Goldenberg for his gener- basis. That same officer, active or retired, offer emergency services and those that do ous service to the community. For twenty-five isn’t allowed to defend himself from the lack an emergency room that is open twenty- years, Rabbi Goldenberg has served both his criminals that he put in jail. congregation at Temple Beth Israel and the I would like to give you an example of how four hours a day. Compounding the problem is the Community Protection Act would work, the fact that most VA medical centers are fur- community of York, Pennsylvania as a revered based upon an incident in my own home ther from their patients' places of residence leader, teacher, and father. town of San Diego. Following is a story from than other community providers. In times of sorrow and in times of celebra- the April 29, 1997, San Diego Union-Tribune: If a veteran receives emergency room care tion, Rabbi Goldenberg has demonstrated a OFFICER FINDS WORK ON HER DAY OFF from a non-VA provider, he or she is denied strong commitment to his congregation. He (By Joe Hughes) reimbursement even if a trip to the nearest VA has always been there to provide loving sup- HILLCREST.—For San Diego police Officer hospital would be life threatening. port and strong leadership to people of his Sandra Oplinger, it was anything but an off Last year the President asked all federal Temple. Rabbi Goldenberg has long served as day. agencies to identify where they were deficient the official voice for the Jewish community in