May 27, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1117 EXTENSIONS OF REMARKS

HONORING OUR ARMED FORCES our Nation and its Armed Forces on this Me- country as the Chaplain for Suffolk County Air ON MEMORIAL DAY morial Day. The respect and debt of gratitude Force Base in Long Island; Cancer patients in we owe these honorable men and women for Long Island; the Boy Scouts Councils in Wis- HON. STENY H. HOYER preserving our Nation and our freedom is im- consin, Long Island, Philadelphia, and Penn- OF MARYLAND measurable. sylvania; and Nellis Air Force Base in Nevada. IN THE HOUSE OF REPRESENTATIVES f Rabbi Gold has had an amazing life and an incredible career. He has touched the lives of Thursday, May 27, 1999 TRIBUTE TO DR. AARON S. GOLD: many people and has served our country well. Mr. HOYER. Mr. Speaker, I rise today to RABBI, TEACHER, SCHOLAR, I congratulate Rabbi Gold on all of his accom- recognize and remember the millions of SPIRITUAL LEADER plishments and wish him the best in his retire- women and men who have given their lives to ment. serve in our Nation's Armed Forces. Their HON. BOB FILNER f courageous efforts have been honored at this OF CALIFORNIA time of year since the fighting of the Civil War. IN THE HOUSE OF REPRESENTATIVES CHELTENHAM ELEMENTARY During the Civil War numerous families began Thursday, May 27, 1999 SCHOOL, McKINLEY ELEMEN- their heartfelt commemorative efforts and TARY SCHOOL, AND THOMAS Mr. FILNER. Mr. Speaker and colleagues, I FITZWATER ELEMENTARY since then the countless events which fol- rise today to congratulate Rabbi Dr. Aaron S. lowed have generated an uncompromising SCHOOL ARE WINNERS OF THE Gold on his retirement after serving the Rab- BLUE RIBBON SCHOOLS AWARD level of respect and reverence for our beloved binate for 50 years, and for his dedication and soldiers. service to the San Diego community. Rabbi Yet we must not forget the reasons for Gold has been a spiritual and community lead- HON. JOSEPH M. HOEFFEL which our Armed Forces have fought for our er to many individuals in San DiegoÐand I OF PENNSYLVANIA Nation: to preserve and protect the blanket of would like to take a moment to honor him and IN THE HOUSE OF REPRESENTATIVES freedom under which we have rested with se- his accomplishments. Thursday, May 27, 1999 curity for over 200 years. Since the end of the Rabbi Gold was born in Poland and came to Civil War so much has changed, and yet so America during the depression years, prior to Mr. HOEFFEL. Mr. Speaker, I rise today to much in our society remains the same. Those World War II. He graduated from Wisconsin recognize the outstanding efforts of three ele- Soldiers fought to protect our inalienable rights State College with Highest Honors in the mentary schools in Pennsylvania's Thirteenth as humans and have continued to do so from English and Speech Departments. He later re- Congressional District, which I am proud to that day to this. ceived his M.A. from Columbia University represent. Even today our men and women sacrifice where he studied Education for Marriage and On behalf of the entire Montgomery County their lives to protect our interests overseas. Family Life, and later completed his Ph.D in community, I congratulate these schools for We must remember them in these times of Family Education. winning a national competition to earn recogni- conflict. Our sentiments go out not only to the Rabbi Gold came to San Diego in 1974, and tion as Blue Ribbon Schools of excellence. soldiers who have fought in our conflicts of immediately became an active community The U.S. Department of Education recently yesteryear. We must include today's Armed leader. He was invited to join the boards of named Cheltenham Elementary School in Forces in our thoughts and our prayers for the United Jewish Federation, Jewish Commu- Cheltenham, Pennsylvania; McKinley Elemen- they continue to struggle and rightfully defend nity Relations Council and the Bureau of Jew- tary School in Elkins Park, Pennsylvania; and our beliefs in life, liberty, and freedom in Eu- ish Education. He is particularly known for his Thomas Fitzwater Elementary School of Wil- rope and around the world. work in promoting spiritual harmony and un- low Grove, Pennsylvania as 1998±1999 win- Entering into the 21st century we look for- derstanding among all religions, and has been ners of the prestigious Blue Ribbon Schools ward to a time of peace in which our decisions active with the National Conference of Chris- Award. to take direction are reserved for reflection. I tians and Jews and the Ecumenical Council. The Blue Ribbon Schools Program was es- remind you Mr. Speaker that we do not re- He has also appeared on a number of radio tablished by the U.S. Secretary of Education member in joy, but in sorrow. We do not re- and television shows to promote interfaith ac- in 1982 with three goals in mind: identify and flect with happiness, we reflect in pain. The tivities. recognize outstanding public and private millions of men and women dedicated their His initiation of a joint Thanksgiving Service schools across the United States, offer a com- lives to fight so that we can look forward to a with the San Carlos United Methodist Church prehensive framework of key criteria for school time in which we shall fight no more and we was so successful that it became the annual effectiveness, and facilitate the sharing of best must never forget them. Thanksgiving service for the Tifereth and practices among schools. Over the years, the Since the first official commemoration of our many churches of the Navajo Interfaith Asso- program has developed a reputation of offer- soldiers of war on May 30, 1868, as Decora- ciationÐhe is lovingly called ``our Rabbi'' by ing a powerful tool for school improvement in tion Day, our Country has devoted a contin- the members of the San Carlos United Meth- addition to providing recognition. uous and conscious effort to support our odist Church. His ecumenical efforts have Before winning the national Blue Ribbon troops and the battles they have fought. In been recognized with a number of plaques Schools Award, Cheltenham, McKinley, and 1971, to recognize the weight of their impor- and citations. Thomas Fitzwater Elementary Schools all tance, Congress declared Memorial Day a Na- Rabbi Gold has also reached out to the were named as Pennsylvania Blue Ribbon tional holiday. youth in our community by helping establish schools and were nominated for national rec- Mr. Speaker, to continue our recognition of the Coalition for the Jewish Youth for San ognition by the Pennsylvania Department of our soldiers' tireless efforts, I am currently in- Diego, San Diego Jewish Academy and the Education. Each school had to work very hard troducing a bill to grant the Korean Veterans Community High School of Jewish Studies. to earn the Blue Ribbon status, going through Association a Federal Charter. Granting this He also served as the President of the San a demanding self-assessment experience that Federal Charter is a small expression of ap- Diego Rabbinical Association for two years, involved the entire school community, includ- preciation that, we as a Nation, can offer to and he and his wife Jeanne were Rabbinic ing students, teachers, parents, administrators, these men and women to show our continued Couple for Jewish Encounter weekend in the and business leaders. support, one which will enable them to work San Diego area, where they helped 1,000 Each of these schools have been judged as a unified front to ensure that the ``Forgotten couples enhance theirs and their childrens' particularly effective in meeting local, state, War'' is forgotten no more. lives. and national goals. In addition, each school Please join with me in expressing full rec- In addition to his many contributions to the displayed strong leadership, clear vision and a ognition and thanks to those who have served San Diego community, he has served our sense of mission shared by the entire school

∑ 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. E1118 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 community, high quality teaching, challenging INTRODUCTION OF THE MEDICARE include expanded coverage for physical and and up-to-date curriculum, policies that ensure COMMUNITY NURSING DEM- occupational therapy, health education, routine a safe environment conducive to learning, ONSTRATION EXTENSION ACT OF assessments and case management serv- family involvement, and equity in education to 1999 icesÐall for an average monthly capitation assure that all students are helped to achieve rate of about $89. In my home State of Min- high standards. HON. JIM RAMSTAD nesota, the Health Seniors Project is a CNO serving over 1,600 enrollees in four sites, two Blue Ribbon schools do not rest on their OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES of which are urban and two rural. laurels. Each is committed to sharing best These demonstrations should also be ex- practices with other schools, and to helping to Thursday, May 27, 1999 tended in order to ensure a full and fair test identify their strengths and weaknesses. Mr. RAMSTAD. Mr. Speaker, as a strong of the CNO managed care concept. These demonstrations are consistent with our efforts Special congratulations are due to Chelten- supporter of home- and community-based to introduce a wider range of managed care ham Elementary School for designing a cur- services for the elderly and individuals with disabilities, I rise to re-introduce legislation options for Medicare beneficiaries. I believe riculum that encourages students to research similar to that which I sponsored in the 104th we need more time to evaluate the impact of their community. Cheltenham students take and 105th Congresses to extend the dem- CNOs on patient outcomes and to assess field trips to historic homes, the police station, onstration authority under the Medicare pro- their capacity for operating under fixed budg- the township building, the library, and the local gram for Community Nursing Organization ets. judge. Their learning also makes the students (CNO) projects. Mr. Speaker, it is important to recognize that aware of needs of the less fortunate through CNO projects serve Medicare beneficiaries the extension of this demonstration will not in- activities such as providing food baskets and in home- and community-based settings under crease Medicare expenditures for care. CNOs visits to nursing homes. As a result of these contracts that provide a fixed, monthly capita- actually save Medicare dollars by providing projects, Cheltenham students have gathered tion payment for each beneficiary who elects better and more accessible care in home and money to build a wall for a school in Ecuador to enroll. The benefits include not only Medi- community settings, allowing beneficiaries to and to purchase materials for a school dev- care-covered home care and medical equip- avoid unnecessary hospitalizations and nurs- ing home admissions. By demonstrating what astated by a hurricane in Florida. They have ment and supplies, but other services not a primary care oriented nursing practice can also written letters to governments officials on presently covered by traditional Medicare, in- accomplish with enrollees who are elderly or behalf of a Native American group. Chelten- cluding patient education, case management disabled, CNOs are helping show us how to and health assessments. CNOs are able to ham students are learning civic responsibility increase benefits, save scarce dollars and im- offer extra benefits without increasing Medi- at a young age. prove the quality of life for patients. care costs because of their emphasis on pri- McKinley Elementary School has dem- Mr. Speaker, I urge my colleagues to con- mary and preventative care and their coordi- onstrated excellence in creating a safe school sider this bill carefully and join me in seeking nated management of the patient's care. environment. The McKinley community under- to extend these cost-savings and health care- The current CNO demonstration program, enhancing CNO demonstrations for another stands that academic success can only grow which was authorized by Congress in 1987 in a violence-free class-rooms, and has been three years. and extended for 2 years in the Balanced f a leader in these issues. They have taken a Budget Act of 1997, involves more than 6,000 proactive approach to violence prevention by Medicare beneficiaries in Arizona, Illinois, Min- DEDICATION OF THE NEW CITY developing non-violent conflict resolution strat- nesota, and New York. It is designed to deter- HALL egies, peer mediation program, parenting mine the practicality of prepaid community workshops, and school and police collabora- nursing as a means to improve home health HON. JACK KINGSTON tion. The importance of McKinley's work in this care and reduce the need for costly institu- OF GEORGIA area has been underscored by recent trage- tional care for Medicare beneficiaries. IN THE HOUSE OF REPRESENTATIVES dies in schools across the nation. To date, the projects have been effective in Thursday, May 27, 1999 collecting valuable data to determine whether Thomas Fitzwater Elementary School has the combination of capitated payments and Mr. KINGSTON. Mr. Speaker, the volunteer taken special steps to meet the needs of all nurse-case management will promote timely efforts of so many people in Offerman have students. This commitment to have every child and appropriate use of community nursing and been so extraordinary that one is tempted to experience success is exemplified by the pro- ambulatory care services and reduce the use suggest that the federal government consider grams and accomplishments such as Thomas of costly acute care services. Authority for this method of putting up new buildings in Fitzwater's Support One Student initiative, a these effective programs is now set to expire order to save ourselves from the cost over- child advocacy program to assist at-risk stu- on December 31, 1999. runs, delays, and problems that seem to dents. Each identified student is matched with Mr. Speaker, while I am glad Congress ex- plague this kind of enterprise all too often. a volunteer staff member. These members in- tended the demonstration authority for the The efforts of people like the Edward Daniel clude professional, custodial, secretarial, and CNO projects last session, I am disappointed family, Mrs. Lucille Chancey, Mrs. Ethel Roberson, the Sam Cason family, the Ray cafeteria staff. Regular personal contact by that the Health Care Financing Administration Cason family, the Harvey Dixon family, the caring and supportive staff member promotes is so anxious to terminate this important and Ellis Denison family, and so many, many oth- a positive environment and guides the student effective program. In 1996, HCFA extended ers have been so inspiring that the entire com- the demonstration for one year to allow them away from inappropriate and possibly destruc- munity has created a feeling of togetherness to better evaluate the costs or savings of the tive behavior. Another example of Thomas that is similar to the feeling one experiences at services available under the program, learn Fitzwater's inclusive policies is the collabora- a family reunion. tion between the Montgomery County Inter- more about the benefits or barriers of a par- And speaking of families, the extended mediate Unit special education classes and tially capitated program for post-acute care, Cason family contributed to the enterprise in a the regular education classes in our school. review Medicare payments for out-of-plan way that brought generations together. Throughout the county, the Intermediate Unit services covered in a capitation rate, and pro- Sam and Susie Cason helped with the provides classes for children with low-inci- vide greater opportunity for beneficiaries to painting, the carpentry, the sheet rock, the participate in these programs. dence handicaps. Four of these classes are landscaping, the insulation, and countless Frankly, in order to do all this analysis of the housed in Thomas Fitzwater's school building. other tasks. program, we need more time to evaluate the Regular education children assist in these And they were joined by their children, and extensive data that has been collected. We the Ray Cason family and grandchildren, with classes and are very sensitive to these excep- should not let the program die as the data is some as young as the 1st grade helping with tional children's needs. As a result of this col- reviewed. We need to act now to extend this their little tool sets in the best way they could. laboration, many special education students demonstration authority for another three Many of those who volunteered their time have been integrated into regular education years. had full-time jobs, and so they came to help classes. McKinley sets the bar high with its This experiment provides an important ex- on Saturdays. motto, ``Success for All Students,'' and every ample of how coordinated care can provide Evenings and weekendsÐany time that was school in the country should endeavor to meet additional benefits without increasing Medicare freeÐwent into the task of completing a job this standard. costs. For Medicare enrollees, extra benefits whose progress was open to all to see. CONGRESSIONAL RECORD — Extensions of Remarks E1119 Communities used to come together during Act from last Congress, H.R. 3246, which and dry. Even though the employer wins its the Middle Ages to construct spectacular ca- passed the House last March. This new legis- case against the Board or OSHA, the agency thedrals, for they were the center of public life lation, however, amends both the National can still avoid paying fees and expenses and the beautiful churches they built were the Labor Relations Act (NLRA) and the Occupa- under the EAJA if it meets this lower burden. pride of the community. tional Safety and Health Act (OSH Act) to pro- This low threshold has led to egregious cases The cathedrals were often multi-year vide that a small business or labor organiza- in which the employer has won its caseÐor projects, and they called upon the labors of tion which prevails in an action against the even where the NLRB, for example, has with- virtually everyone in the community. Board or OSHA will automatically be allowed drawn its complaint after forcing the employer The famous cathedrals of Notre Dame in to recoup the attorney's fees it spent defend- to endure a costly trial or changed its legal Paris, for example, was built over a period of ing itself. The FAIR Act applies to any em- theory in the middle of its caseÐand the em- 157 years by the time it was finally completed. ployer who has not more than 100 employees ployer has lost its follow-up EAJA claim for It was the pride of kingdom, and artists and and a net worth of not more than $7 million. fees and expenses. carpenters came from great distances to have It is these small entities that are most in need Since a prevailing employer faces such a the honor of participating in such a spectac- of the FAIR Act's protection. difficult task when attempting to recover fees ular undertaking. Mr. Speaker, the FAIR Act ensures that under the EAJA, very few even try to recover. Another famous cathedral is the stunningly those with modest means will not be forced to For example, Mr. Speaker, in Fiscal Year beautiful cathedral of Chartres, also in France. capitulate in the face of frivolous actions 1996 for example, the NLRB received only 50 years after it was built, it was completely brought by the Board or OSHA, while making eight EAJA fee applications, and awarded fees destroyed by fire. those agencies' bureaucrats think long and to a single applicantÐfor a little more than So the community decided it would have to hard before they start an action against a $11,000. Indeed, during the ten-year period be rebuiltÐeven better than before. small business. By granting attorney's fees from FY 1987 to FY 1996, the NLRB received It took 26 years, but as generations to follow and expenses to small businesses who know a grand total of 100 applications for fees. This would attest, it was worth the effort. the case against them is a loser, who know small number of EAJA applications and The same spirit of common enterprise evi- that they have done nothing wrong, the FAIR awards arises in an overall context of thou- dent back then has been evident in the con- Act gives these entities an effective means to sands of cases each year. In Fiscal Year 1996 struction of Offerman's new city hall. fight against abusive and unwarranted intru- alone, for example, the NLRB received nearly The entire community was involved, and for sions by the Board and OSHA. Government 33,000 unfair labor practice charges and the past two years, there was no escaping the agencies the size of the NLRB and OSHAÐ issued more than 2,500 complaints, 2,204 of progress of the project, as the results were well-staffed, with numerous lawyersÐshould them settled at some point post-complaint. there for all to see. more carefully evaluate the merits of a case Similarly, at the OSHRC, for the thirteen fiscal Well, today we see the final result of so before bringing a complaint or citation against years 1982 to 1994, only 79 EAJA applica- many labors. a small business, which is ill-equipped to de- tions were filed with 38 granted some relief. The citizens of this great city have devoted fend itself against an opponent with such su- To put these numbers into context, of nearly time, materials, labor, and not a few blisters, perior expertise and resources. The FAIR Act 77,000 OSHA violations cited in Fiscal Year overcoming many obstacles and unanticipated will provide protection for an employer who 1998, some 2,061 inspections resulting in cita- hiccups along the way. feels strongly that its case merits full consider- This new addition to Offerman will be much tions were contested. ation. It will ensure the fair presentation of the Since it is clear the EAJA is underutilized at more than a new building we call city hall. It will include a branch library and computer issues. best, and at worst simply not working, the The FAIR Act says to these two agencies facilities for students and adults; and it stands FAIR Act imposes a flat rule: If you are a that if they bring a case against a ``little guy'' next to a public park with picnic and other rec- small business, or a small labor organization, they had better make sure the case is a win- reational facilities that are tailor-made for and you prevail against the Board or OSHA, ner, because if the Board or OSHA loses, if it Offerman families. then you will automatically get your attorney's puts the small entity through the time, ex- This facility promises to be a new center of fees and expenses. pense and hardship of an action only to have The FAIR Act adds new sections to the Na- public activity for the citizens of Offerman, and the business or labor organization come out a tional Labor Relations Act and the Occupa- it is with great enthusiasm and pride that I join winner in the end, then the Board or OSHA tional Safety and Health Act. The new lan- you in dedicating this new city hall and declar- will have to reimburse the employer for its at- guage simply states that a business or labor ing ``Open House'' to all. Thank you very much for allowing me an torney's fees and expenses. organization which has not more than 100 em- The FAIR Act's 100-employee eligibility limit opportunity to share in the celebration of all ployees and a net worth of not more than $7 represents a mere 20 percent of the 500-em- your hard work and perseverance. million and is a ``prevailing party'' against the ployee/$7 million net worth limit that is in the f NLRB or the OSHRC in administrative pro- Equal Access to Justice Act (EAJA)Ðan Act ceedings ``shall be'' awarded fees as a pre- INTRODUCTION OF THE FAIR AC- passed in 1980 with strong bipartisan support vailing party under the EAJA ``without regard CESS TO INDEMNITY AND REIM- to level the playing field for small businesses to whether the position'' of the Board or Com- BURSEMENT (FAIR) ACT by awarding fees and expenses to parties pre- mission was ``substantially justified.'' vailing against agencies. Under the EAJA, The FAIR Act awards fees and expenses HON. WILLIAM F. GOODLING however, the Board or OSHAÐeven if it loses ``in accordance with the provisions'' of the OF PENNSYLVANIA its caseÐis able to escape paying fees and EAJA and would thus require a party to file a IN THE HOUSE OF REPRESENTATIVES expenses to the winning party if the agency fee application pursuant to existing NLRB and can show it was ``substantially justified'' in OSHRC EAJA regulations, but the prevailing Thursday, May 27, 1999 bringing the action. party would not be precluded from receiving Mr. GOODLING. Mr. Speaker, I rise today When the EAJA was made permanent law an award by any burden either agency could to introduce a bill that will level the playing in 1985, the Congress made it clear in com- show. If the agency loses an action against field for small businesses as they face two ag- mittee report language that federal agencies the small entity, it pays the fees and expenses gressive federal agencies with vast expertise should have to meet a high burden in order to of the prevailing party. and resourcesÐthe National Labor Relations escape paying fees and expenses to winning The FAIR Act applies the same rule regard- Board (NLRB) and the Occupational Safety parties. Congress said that for an agency to ing the awarding of fees and expenses to a and Health Administration (OSHA). The Fair be considered ``substantially justified'' it must small employer or labor organization engaged Access to Indemnity and Reimbursement have more than a ``reasonable basis'' for in a civil court action with the NLRB or OSHA. ActÐthe FAIR ActÐis about being fair to bringing the action. Unfortunately, however, This covers situations in which the party wins small businesses. It is about giving small enti- courts have undermined that 1985 directive a case against either agency in civil court, in- ties, including labor organizations, the incen- from Congress and have interpreted ``substan- cluding a proceeding for judicial review of tive they need to fight meritless claims brought tially justified'' to mean that an agency does agency action. The Act also makes clear that against them by intimidating bureaucracies not have to reimburse the winner if it had any fees and expenses incurred appealing an ac- that sometimes strong-arm those having lim- ``reasonable basis in law or fact'' for bringing tual fee determination under the FAIR Act ited resources to defend themselves. the action. The result of all this is that an would also be awarded to a prevailing party The FAIR Act is similar to Title IV of my agency easily is able to win an EAJA claim without regard to whether or not the agency Fairness for Small Business and Employees and the prevailing business is often left high could show it was ``substantially justified.'' E1120 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 In adopting EAJA case law and regulations are cheap and easy to conceal. The American PERSONAL EXPLANATION for counting number of employees and as- Handgun Standards Act, will amend current sessing net worth, an employer's eligibility law to define a ``junk gun'' as any handgun HON. JUANITA MILLENDER-McDONALD under the FAIR Act is determined for Board which does not meet the standard imposed on OF CALIFORNIA actions as of the date of the complaint in an imported handguns. IN THE HOUSE OF REPRESENTATIVES unfair labor practice proceeding or the date of According to the Bureau of Alcohol, To- Thursday, May 27, 1999 the notice in a backpay proceeding. For Com- bacco, and Firearms, in 1996 approximately mission actions, eligibility is determined as of 242 million firearms were either available for Ms. MILLENDER-MCDONALD. Mr. Speaker, the date the notice of contest was filed, or in sale or were possessed by civilians in the on Tuesday, May 25, 1999, I was unavoidably the case of a petition for modification of abate- United States. This total includes 72 million detained while conducting official business ment period, the date the petition was re- handguns, 76 million rifles and 64 million shot- and missed rollcall votes 147, 148, 149, 150, ceived by the Commission. In addition, in de- guns. Most guns available for sale in the US 151, 152, 153, 154, 155, 156, and 157. Had termining the 100-employee limit, the FAIR Act are produced domestically. We need to make I been present I would have voted ``yea'' on adopts the NLRB and OSHRC EAJA regula- sure these guns are subject to very strict safe- rollcall votes 147, 148, 149, and 150. tions, which count part-time employees on a ty standards. My legislation will make it unlaw- I would have voted ``present'' on rollcall vote ``proportional basis.'' ful for a person to manufacture, transfer, or 151, the Quorum Call of the Committee. Mr. Speaker, the FAIR Act will arm small possess a junk gun that has been shipped or Finally, I would have voted ``nay'' on rollcall entitiesÐbusinesses and labor organizations transported in interstate or foreign commerce. votes 152, 153, 154, 155, 156, and 157. alikeÐwith the incentive to defend themselves I urge my colleagues to support this f bicarmeral, commonsense legislation. against these two agencies. The FAIR Act will WORKERS MEMORIAL DAY: f help prevent spurious lawsuits and ensure that LEADERSHIP AWARD small employers have the ability to effectively HOTEL DOHERTY IS A SHINING fight for themselves when they have actions PIECE OF MID—MICHIGAN’S HIS- HON. BOB FILNER brought against them by a vast bureaucracy TORY with vast resources. OF CALIFORNIA If the NLRB or the OSHA wins its case IN THE HOUSE OF REPRESENTATIVES against a small employer then it has nothing HON. DAVE CAMP Thursday, May 27, 1999 OF MICHIGAN to fear from the FAIR Act. If, however, one of Mr. FILNER. Mr. Speaker and colleagues, I these agencies drags an innocent small em- IN THE HOUSE OF REPRESENTATIVES Thursday, May 27, 1999 rise today to recognize Mary Grillo, as she is ployer through the burden, expense, heart- honored by the San Diego-Imperial Counties ache and intrusion of an action that the em- Mr. CAMP. Mr. Speaker, I rise today to Labor Council, AFL±CIO, with its Leadership ployer ultimately wins, reimbursing the em- speak about the Hotel Doherty, a building that Award. ployer for its attorney's fees and expenses is has become a cherished landmark in the 4th Mary helped rebuild a small local union over the very least that should be done. It's the Congressional District. I would like to bring to the last ten years to become one of the larg- FAIR thing to do. I urge my colleagues in the the attention of my colleagues this magnificent est, most visible and powerful unions in San House to support this important legislation and structure and the pride it has brought the peo- Diego, the Service Employees International look forward to working with all Members in ple of Clare County. Local 2028. Her efforts have created a new both the House and Senate in passing this bill. In 1924, State Senator A.J. Doherty, grand- and strong force in San Diego's labor and po- f father of A.J. Doherty, built the hotel as a way litical landscape. to try to return to the people of Clare a fraction Mary has been an enormous inspiration, INTRODUCTION OF THE AMERICAN of what they had given to him. He had been HANDGUN STANDARDS ACT particularly to those unions who represent given a piece of property in Clare with the sole women, Latinos, African Americans and Asian requirement that he erect a hotel costing more constituencies. HON. ELLEN O. TAUSCHER than $60,000. Mr. Doherty far exceeded this She has fought the County of San Diego's OF CALIFORNIA sum, building a massive and remarkable hotel Executive Bonus plan, forced the County to IN THE HOUSE OF REPRESENTATIVES that featured every modern amenity possible make changes and won a new and improved Thursday, May 27, 1999 at that time. Such marvels as radios, hot and contract for thousands of county employees. cold running water in every room and an Otis She also won a big victory in the convalescent Mrs. TAUSCHER. Mr. Speaker, today I am Elevator were just a few of its attractions. home industry. introducing the American Handgun Standards As time passed, the Hotel Doherty secured Her work has been an inspiration and exam- Act so we can finally eliminate junk guns from its place as a symbol of pride for Clare. For ple for others and have produced one of the our streets by demanding that domestically 75 years, the Hotel Doherty's guests have en- largest delegations to the Labor to Neighbor. produced handguns meet common sense con- joyed its fine food and luxurious decor. It This vital program educates and involves sumer product protections standards. This bill serves as a central meeting place in the state, union members and their families in the cam- is companion legislation to S. 193 introduced as a respite for travelers and as a site for tour- paign to protect jobs and the future of working by Senator BARBARA BOXER. ists. Even during tough economic times, the people in San Diego and Imperial Counties. I find it unbelievable that we subject toy Doherty has maintained a level of excellence My congratulations go to Mary Grillo for guns to strict safety regulations, but we do not that has kept it among mid-Michigan's premier these significant contributions. I can personally apply quality and safety standards to real hotel and restaurant establishments. attest to Mary's dedication and commitment handguns. The Hotel Doherty is also exceptional be- and believe her to be highly deserving of the There are currently no quality and safety cause it has remained family operated since it San Diego-Imperial Counties Labor Council, standards in place for domestically produced opened. Its current operators are Dean and AFL±CIO Leadership Award. firearms. In fact, domestically produced hand- Jim Doherty, the fourth generation of Dohertys f guns are specifically exempted from oversight to hold that honor. by the Consumer Product Safety Commission; Through the years, the hotel has changed CONGRATULATIONS TO ABINGTON however, imported handguns are subject to with the times. It has undergone four expan- SENIOR HIGH SCHOOL quality and safety standards. This disparity in sions and renovations in its existence, but has standards had led to the creation of a high- still retained the charm and class that has HON. JOSEPH M. HOEFFEL volume market for domestically manufactured made it an institution in mid-Michigan. OF PENNSYLVANIA junk guns. It is a special privilege for me to be the IN THE HOUSE OF REPRESENTATIVES Saturday night specials or junk guns are de- Representative for a district that has such a fined as non-sporting, low quality handguns magnificent establishment as the Hotel Thursday, May 27, 1999 with a barrel length of under three inches. Doherty. In our quickly changing world, it is Mr. HOEFFEL. Mr. Speaker, I rise today to These guns are not favored by sportsmen be- comforting to know that the Hotel Doherty has recognize the outstanding accomplishments of cause their short barrels make them inac- been a shining piece of mid-Michigan's history a High School in my District, Pennsylvania's curate and their low quality of construction for 75 years. I am confident that under the Thirteenth Congressional District. make them dangerous and unreliable. These Doherty's stewardship, it will continue to be a On behalf of the entire Montgomery County guns are favored by criminals because they vital part of its future for many years to come. community, I congratulate Abington Senior CONGRESSIONAL RECORD — Extensions of Remarks E1121 High School in Abington, PA, for being se- in maternity care, physicians' fees and hospital Treatment Parity ActÐthe same bill that had lected by the Corporation for National Service charges. We also know that 65 percent of the broad, bipartisan support last year of 95 as a National Service-Learning Leaders emergency room visits are drug/alcohol re- cosponsors. Schools. Abington is one of only two schools lated. This legislation would provide access to in Pennsylvania to receive this honor, and has The National Center on Addiction and Sub- treatment by prohibiting discrimination against been selected as part of the first-ever class of stance Abuse found that 80 percent of the 1.7 the disease of addiction. The bill prohibits dis- Service-Learning Leader Schools. million prisoners in America are behind bars criminatory caps, higher deductibles and co- This designation is only awarded to schools because of drugs and/or alcohol addiction. payments, limited treatment stays and other that have broad-based service-learning activi- Another recent study showed that 85 per- restrictions on chemical dependency treatment ties throughout the school, and who have cent of child abuse cases involve a parent that are different from other diseases. thoughtfully and effectively integrated service who abuses alcohol or other drugs. 70 percent This is not another mandate because it into school life and curriculum, promoted civic of all people arrested test positive for drugs. does not require any health plan which does responsibility, improved school and student Two-thirds of all murders are drug-related. not already cover chemical dependency treat- performance, and strengthened the sur- Mr. Speaker, how much evidence does ment to provide such coverage. It merely says rounding communities with their participation. Congress need that we have a national epi- those which offer chemical dependency cov- National Service-Learning Leader Schools demic of addiction? An epidemic crying out for erage cannot treat it differently from coverage do not simply hold an honorary title. Along a solution that works. Not more cheap political for medical or surgical services for other dis- with the honor, Abington accepts responsibility rhetoric. Not more simplistic, quick fixes that eases. for helping other schools integrate service into obviously are not working. In addition, the legislation waives the parity Mr. Speaker, we must get to the root cause their curriculum. During Abington's 2-year term for substance abuse treatment if premiums in- of addiction and treat it like other diseases. as a Service-Learning Leader, it will serve as crease by more than 1 percent and exempts The American Medical Association told Con- a model of best practices to other schools and small businesses with fewer than 50 employ- gress and the nation in 1956 that alcoholism actively help them incorporate service-learning ees. and drug addiction are a disease that requires Mr. Speaker, it's time to knock down the into their school life and curriculum. Specifi- treatment to recover. barriers to chemical dependency treatment. cally, Abington will lead, mentor, and coach Yet today in America only 2 percent of the It's time to end the discrimination against peo- other schools by sharing materials, making 16 million alcoholics and addicts covered by ple with addiction. presentations, and participating in peer ex- health plans are able to receive adequate It's time to provide access to treatment to changes. treatment. deal with America's No. 1 public health and As part of its Service-Learning Leader activi- That's right. Only 2 percent of alcoholics public safety problem. ties, Abington will send representatives to and addicts covered by health insurance plans We can deal with this epidemic now or deal Washington, DC this June in order to attend a are receiving effective treatment for their with it later. Leader Schools Leadership Institute, during chemical dependency, notwithstanding the But it will only get worse if we continue to which delegates will receive specific training purported ``coverage'' of treatment by their allow discrimination against the disease of ad- on establishing service programs in their health plans. diction. schools, and in helping other schools to do the That's because of discriminatory caps, artifi- As last year's television documentary by Bill same. cially high deductibles and copayments, lim- Moyers pointed out, medical experts and treat- Once again, congratulations to Abington ited treatment stays as well as other restric- ment professionals agree that providing ac- Senior High School. The entire Thirteenth Dis- tions on chemical dependency treatment that cess to chemical dependency treatment is the trict is proud of them, and commends them for are different from other diseases. only way to combat addiction in America. We their excellent work in instilling civic responsi- If we are really serious about reducing ille- can build all the fences on our borders and all bility in students and for serving the commu- gal drug use in America, we must address the the prison cells that money can buy. We can nity. disease of addiction by putting chemical de- hire thousands of new border guards and drug f pendency treatment on par with treatment for enforcement officers. But simply dealing with other diseases. Providing equal access to the supply side of this problem will never solve INTRODUCTION OF H.R. 1977, THE chemical dependency treatment is not only the it. HAROLD HUGHES, BILL EMER- prescribed medical approach; it's also the That's because our nation's supply side em- SON SUBSTANCE ABUSE TREAT- cost-effective approach. phasis does not adequately attack the under- MENT PARITY ACT We have all the empirical data, including ac- lying problem. The problem is more than ille- tuarial studies, to prove that parity for chem- gal drugs coming into our country; the problem HON. JIM RAMSTAD ical dependency treatment will save billions of is the addiction that causes people to crave OF MINNESOTA dollars nationally while not raising premiums and demand those drugs. We need more than IN THE HOUSE OF REPRESENTATIVES more than one-half of one percent, in the simply tough law enforcement and interdiction; Thursday, May 27, 1999 worst case scenario! we need extensive education and access to It's well-documented that every dollar spent treatment. Mr. RAMSTAD. Mr. Speaker, every day, for treatment saves $7 in health care costs, Drug Czar Barry McCaffrey understands. He politicians talk about the goal of a ``drug-free criminal justice costs and lost productivity from said recently, ``Chemical dependency treat- America.'' job absenteeism, injuries and sub-par work ment is more effective than cancer treatment, Mr. Speaker, let's get real! We will never performance. and it's cheaper.'' General McCaffrey also even come close to a drug-free America until A number of studies have shown that health said, ``We need to redouble our efforts to in- we knock down the barriers to chemical de- care costs, alone, are 100 percent higher for sure that quality treatment is available.'' pendency treatment for the 26 million Amer- untreated alcoholics and addicts compared to Mr. Speaker, General McCaffrey is right and ican people presently addicted to drugs and/or recovering people who have received treat- all the studies back him up. Treatment does alcohol. ment. work and it is cost-effective. That's right, Mr. Speaker. 26 million alco- Mr. Speaker, as a recovering alcoholic my- Last September, the first national study of holics and addicts in the United States today. self, I know firsthand the value of treatment. chemical dependency treatment results con- 150,000 Americans died last year from drug As a recovering person of almost 18 years, I firmed that illegal drug and alcohol use are and alcohol addiction. am absolutely alarmed by the dwindling ac- substantially reduced following treatment. This Alcohol and drug addiction, in economic cess to treatment for people who need it. Over study, by the Substance Abuse and Mental terms, cost the American people $246 billion half of the treatment beds are gone that were Health Services Administration, shows that last year. American taxpayers paid over $150 available 10 years ago. Even more alarming, treatment rebuilds lives, puts families back to- billion for drug-related criminal and medical 60 percent of the adolescent treatment beds gether and restores substance abusers to pro- costs alone in 1997Ðmore than they spent on are gone. ductivity. education, transportation, agriculture, energy, Mr. Speaker, we must act now to reverse According to Dr. Ronald Smith, Captain, space and foreign aid combined. this alarming trend. We must act now to pro- Navy Medical Corps and former Vice Chair- According to the Health Insurance Associa- vide greater access to chemical dependency man of Psychiatry at the National Naval Med- tion of America, each delivery of a new child treatment. ical Center, the U.S. Navy substance abuse that is complicated by chemical addiction re- That's why today I am introducing the Har- treatment program has an overall recovery sults in an expenditure of $48,000 to $150,000 old Hughes, Bill Emerson Substance Abuse rate of 75 percent. E1122 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 The Journal of the American Medical Asso- We know one thing for sure. Addiction, if not CHILDREN’S LEAD SCREENING AC- ciation (JAMA) on April 15, 1998 reported that treated, is fatal. That's rightÐaddiction is a COUNTABILITY FOR EARLY- a major review of more than 600 research arti- fatal disease. INTERVENTION ACT OF 1999 cles and original data conclusively showed Last year, 95 House members from both that ``addiction conforms to the common ex- sides of the political aisle co-sponsored this HON. ROBERT MENENDEZ pectations for chronic illness and addiction substance abuse treatment parity legislation. OF NEW JERSEY treatment has outcomes comparable to other IN THE HOUSE OF REPRESENTATIVES chronic conditions.'' It states that relapse rates This year, let's knock down the barriers to Thursday, May 27, 1999 for treatment for drug/alcohol addiction (40%) treatment for 16 million Americans. compare favorably with those for 3 other This year, let's do the right thing and the Mr. MENENDEZ. Mr. Speaker, I am pleased chronic disorders: adult-onset diabetes (50%), cost effective thing and provide access to today to introduce the Children's Lead Screen- hypertension (30%) and adult asthma (30%). treatment. ing Accountability for Early-Intervention Act of A March 1998 GAO report also surveyed 1999. This important legislation will strengthen This year, let's pass treatment parity legisla- the various studies on the effectiveness of federal mandates designed to protect our chil- tion to deal with the epidemic of addiction in treatment and concluded that treatment is ef- dren from lead poisoningÐa preventable trag- fective and beneficial in the majority of cases. America. edy that continues to threaten the health of A number of state studies also show that Mr. Speaker, the American people cannot our children. treatment is cost-effective and good preventive afford to wait any longer. Childhood lead poisoning has long been considered the number one environmental medicine. I urge all members to cosponsor the Harold health threat facing children in the United A Minnesota study extensively evaluated the Hughes, Bill Emerson Substance Abuse Treat- States, and despite dramatic reductions in effectiveness of its treatment programs and ment Parity Act. found that Minnesota saves $22 million in an- blood lead levels over the past 20 years, lead nual health care costs because of treatment. f poisoning continues to be a significant health A California study reported a 17 percent im- risk for young children. CDC has estimated provement in other health conditions following SOUTHSIDE SAVANNAH RAIDERS— that about 890,000, or 4.4 percent of children treatmentÐand dramatic decreases in hos- H.R. NO. 566 between the ages of one and five have harm- pitalizations. ful levels of lead in their blood. Even at low A New Jersey study by Rutgers University levels, lead can have harmful effects on a found that untreated alcoholics incur general HON. JACK KINGSTON child's intelligence and his, or her, ability to health care costs 100 percent higher than learn. those who receive treatment. OF GEORGIA Children can be exposed to lead from a So, the cost savings and effectiveness of IN THE HOUSE OF REPRESENTATIVES number of sources. We are all cognizant of chemical dependency treatment are well-docu- lead-based paint found in older homes and mented. But putting the huge cost-savings Thursday, May 27, 1999 buildings. However, children may also be ex- aside for a minute, what will treatment parity posed to non-paint sources of lead, as well as cost? Mr. KINGSTON. Mr. Speaker, today, I rise lead dust. Poor and minority children, who First, there is no cost to the federal budget. to recognize the outstanding achievements of typically live in older housing, are at highest Parity does not apply to FEHBP, Medicare or the Southside Savannah Raiders, and I risk of lead poisoning. Therefore, this health Medicaid. present to you this resolution. threat is of particular concern to states, like First, there is no cost to the federal budget. Whereas, the Southside Savannah Raiders, New Jersey, where more than 35 percent of Parity does not apply to FEHBP, Medicare or the terrific youth baseball team for boys 14 homes were built prior to 1950. Medicaid. years old and under, won the 1998 State Base- In 1996, New Jersey implemented a law re- According to a national research study that ball Championship promoted by the Georgia quiring health care providers to test all chil- based projected costs on data from states Association of Recreation and Parks Depart- dren under the age of 6 for lead exposure. But which have already enacted chemical depend- ments; and during the first year of this requirement, there ency treatment parity, the average premium Whereas, the victorious Raiders are spon- were actually fewer children screened than the increase due to full parity would be 0.2 per- sored by the Vietnam Veterans of America year before, when there was no requirement cent. (Mathematical Policy Research study, Chapter 671, but all of Savannah shared in at all. Between July 1997 and July 1998, March 1998) their victory in Brunswick on July 18, 1998; 13,596 children were tested for lead poi- A Milliman and Robertson study projected and soning. The year before that more than 17,000 the worst-case increase to be 0.5 percent, or Whereas, the Southside Savannah Raiders tests were done. 66 cents a month per insured. had an overall record of 32 wins and five At the federal level, the Health Care Financ- That means, under the worst-case scenario, losses during the 1998 season while clinching ing Administration (HCFA) has mandated that 16 million alcoholics and addicts could receive the League, City, District 2, and Georgia Medicaid children under 2 years of age be Games titles; and treatment for the price of a cup of coffee per screened for elevated blood lead levels. How- month to the 113 million Americans covered Whereas, these fine young athletes dem- ever, recent General Accounting Office (GAO) by health plans. At the same time, the Amer- onstrated exceptional ability, motivation, reports indicate that this is not being done. For ican people would realize $5.4 billion in cost- and team spirit throughout their regiorous example, the GAO has found that only about season, and the experience they have shared savings from treatment parity, according to the has provided them many wonderful memo- 21% of Medicaid children between the ages of California Drug and Alcohol Treatment As- ries, friendships, and values; and one and two have been screened. In the state sessment. of New Jersey, only about 39% of children en- U.S. companies that provide treatment have Whereas, the members of the 1998 Raiders are Joey Boaen, Christopher Burnsed, Brady rolled in Medicaid have been screened. already achieved substantial savings. Chevron Cannon, Robert Cole, Brian Crider, Matthew Based on these reviews at both the state reports saving $10 for each $1 spent on treat- Dotson, Kevin Edge, Michael Hall, Mark and federal levels, it is obvious that improve- ment. GPU saved $6 for every $1 spent. Hamilton, Garett Harvey, Zach Hillard, ments must be made to ensure that children United Airlines reports a $17 return for every Bobby Keel, Corey Kesseler, Chris Palmer, are screened early and receive follow up treat- dollar spent on treatment. Matt Thomas, and Ellis Waters; and the ment if lead is detected. that is why I am intro- And, Mr. Speaker, no dollar value can quan- coaches are Linn Burnsed, Danny Boaen, and ducing this legislation which I believe will ad- tify the impact that greater access to treatment Gene Dotson, now therefore, be it resolved by dress some of the shortcomings that have will have on the spouses, children and families the House of Representatives; that the mem- been identified in existing requirements. bers of this body congratulate the Southside who have been affected by the ravages of ad- Savannah Raiders on their state champion- The legislation will require Medicaid pro- diction. Broken families, shattered lives, ship and wish each member of the team all viders to screen children and cover treatment messed-up kids, ruined careers. the success in the future. for children found to have elevated levels of Mr. Speaker, this is not just another policy Be it further resolved that the Clerk of the lead in their blood. It will also require improved issue. This is a life-or-death issue for 16 mil- House of Representatives is authorized and data reporting of children who re tested, so lion Americans who are chemically dependent, directed to transmit an appropriate copy of that we can accurately monitor the results of covered by health insurance but unable to ac- this resolution to the Southside Savannah the program. Because more than 75%Ðor cess treatment. Raiders. nearly 700,000Ðof the children found to have CONGRESSIONAL RECORD — Extensions of Remarks E1123 elevated blood lead levels are part of federally The Administration's proposal is so focused Naturally, these taxpayers took their case to funded health care programs, our bill targets on reducing class size that it loses sight of the court. In April 1985, the 11th Circuit Court of not only Medicaid, but also Head Start, Early bigger quality issue. We try to find the right Appeals, in Baker v. United States, considered Head Start and the Special Supplemental Nu- balance between reducing class size, retain- this issue and sided with the taxpayer. The trition Program for Women, Infants and Chil- ing, and retraining quality teachers. And in our IRS did not appeal the decision to the U.S. dren (WIC). Head Start and WIC programs bill, class size is a local issue, not a Wash- Supreme Court. Consequently, the veterans would be allowed to perform screening or to ington issue. who fought the battle in the 11th Circuit Court mandate that parents show proof of In math and science, the Administration in- of Appeals received refunds of the tax they screenings in order to enroll their children. creases set-asides and makes no provision for had been required to pay. At the same time, Education, early screening and prompt fol- local school districts that do not have signifi- however, veterans who suffered from the ret- low-up care will save millions in health care cant needs in those areas. Our approach is roactive IRS ruling but who fell outside the costs; but, more importantly will save our different because we maintain the focus on purview of that court decision were not given greatest resourceÐour children. math and science, but also provide additional refunds. Similarly situated veterans were f flexibility for schools that have met their needs therefore being treated differently by the IRS in those subject areas. due to geographic location. PERSONAL EXPLANATION The Administration takes dollars from the This bipartisan legislation will permit those classroom by allowing the Secretary of Edu- veterans who settled with the IRS on less fa- HON. DEBBIE STABENOW cation to maintain half of all funds for discre- vorable terms or were precluded from having tionary grants and to expand funding for na- OF MICHIGAN the IRS consider their claims because of the tional projects. Our bill reduces funding for na- IN THE HOUSE OF REPRESENTATIVES time limits in the law, a one-time opportunity to tional projects and sends 95 percent of the Thursday, May 27, 1999 file for a refund. This way the remaining vet- funds to local school districts. erans and the IRS would have a second The Administration wants to put 100,000 Ms. STABENOW. Mr. Speaker, I was un- chance to come to a much more equitable set- new teachers into classrooms, but requiring avoidably detained on May 24, 1999 and was tlement. this would force States and local school dis- not able to vote on H.R. 1251 and H.R. 100. Nationwide, this legislation will affect the ap- tricts to put many unqualified teachers in the Had I been present, I would have voted proximately 200 remaining veterans who have classroom. We allow schools to decide wheth- ``yea'' on H.R. 1251. still not received an equitable settlement from Had I been present, I would have voted er they should use the funds to reduce class the IRSÐroughly 1¤3 of these veterans reside size, or improve the quality of their existing ``yea'' on H.R. 100. in the State of California. f teachers, or hire additional special education teachers. Basically this legislation boils down to re- INTRODUCTION OF THE TEACHER Finally, one point that I would like to make storing a sense of fairness. We need to do EMPOWERMENT ACT is that improving the quality of our teachers what is right and put an end to this inequitable does not mean that we need national certifi- situation once and for all. These veterans cation. In fact, our bill prohibits it. Again, it's a stood up for AmericaÐit's time we stand up HON. WILLIAM F. GOODLING for them. OF PENNSYLVANIA question of who controls our schools: bureauc- IN THE HOUSE OF REPRESENTATIVES racies in Washington, or people at the State and local level who know the needs of their f Thursday, May 27, 1999 communities. TRIBUTE TO LIEUTENANT Mr. GOODLING. Mr. Speaker, today I am The Teacher Empowerment Act is good leg- GENERAL LESTER L. LYLES joining with the distinguished Chairman of the islation. It provides a needed balance between Subcommittee on Postsecondary Education, the quality and quantity of our teaching force. Training and Life-long Learning, Mr. MCKEON, I hope that we can work together on this legis- HON. BARBARA LEE Mr. CASTLE, the Speaker of the House, the lation, in a bipartisan manner, so that we see OF CALIFORNIA Majority Leader, Mr. WATTS, Mr. BLUNT, Ms. enactment of this legislation, along with our IN THE HOUSE OF REPRESENTATIVES other reforms in ESEA, in this Congress. PRYCE, and other distinguished Members of Thursday, May 27, 1999 the House to introduce the Teacher Empower- f ment Act. As someone who has spent a life- Ms. LEE. Mr. Speaker, I rise today to pay RECTIFYING IRS RULING FOR tribute to Lieutenant General Lester L. Lyles, time in education as a parent, a teacher, a VETERANS school administrator, and a Member of Con- United States Air Force, on the occasion of his gress, I know that after parents, the most im- promotion to General. On May 27, 1999, LTG portant factor in whether a child succeeds in HON. ELLEN O. TAUSCHER Lyles will become only the 2nd African Amer- school is the quality of the teachers in the OF CALIFORNIA ican four star commander in the United States classroom. An inspirational, knowledgeable, IN THE HOUSE OF REPRESENTATIVES Air Force currently on active duty. and qualified teacher is worth more than any- Thursday, May 27, 1999 LTG Lyles has fought tirelessly and contrib- thing else we could give a student to ensure Mrs. TAUSCHER. Mr. Speaker, I am uted greatly to the defense of our nation and academic achievement. pleased to join with my colleague from Cali- to equal opportunity for other soldiers of color. The Teacher Empowerment Act will go a fornia, Mr. BRIAN BILBRAY, to introduce a bill to He currently is serving as the director of the long way toward helping local schools improve rectify an unjust Internal Revenue Service Ballistic Missile Defense Organization, Depart- the quality of their teachers, or to hire addi- (IRS) ruling which adversely affected our na- ment of Defense at the Pentagon. The organi- tional qualified teachers, and to do this in the tion's veterans. zation is presidentially chartered and man- way that best meets their needs. The Teacher In a 1962 IRS ruling, an allowance was dated by Congress to acquire highly effective Empowerment Act will provide $2 billion per made for the deduction of flight training ex- ballistic missile defense systems for forward- year over 5 years to States and local school penses from a veteran's income tax even if deployed and expeditionary elements of the districts to help pay for the costs of high qual- veterans' benefits were received to pay the U.S. Armed Forces. ity teacher training and for the hiring of new training costs. Subsequently, many veterans LTG Lyles entered the Air Force in 1968 as teachers. We do this by consolidating the fol- used their G.I. benefits to go to flight school a distinguished graduate of the Air Force Re- lowing programs: Eisenhower Professional De- and correctly deducted these expenses on serve Officer Training Corps program. He velopment, Goals 2000, and ``100,000 New their income tax forms. In 1980, the IRS re- served in a variety of both tactical and staff Teachers.'' vised its 1962 ruling by terminating this tax de- positions throughout his illustrious career. In We have tried to develop legislation that will duction in Revenue Ruling 80±173. However, 1992, LTG Lyles became the vice-commander have bipartisan support, and we will continue the IRS decided to apply this new ruling retro- of Ogden Air Logistics Center, Hill Air Force to do so as the bill moves along. However, our actively, which meant the veterans who had Base. He served as commander of the center approach differs significantly from the Adminis- utilized this deduction would now have to pay from 1993±1994, then was assigned to com- tration's. The Administration's legislative pro- back their tax refund to the IRS. This decision mand the Headquarters Space and Missile posal is prescriptive and centered on Wash- was detrimental to the taxpayers who took the Systems Center, Los Angeles Air Force Base. ington. We lift restrictions and encourage local deduction as instructed, and therefore simply He served in this capacity until August 1996 innovation. unfair. when he assumed his current position. E1124 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 LTG Lyles is a highly decorated soldier. He Among Chopin's most engaging works are REMEMBRANCE OF OLD MARBLEHEAD has received the department's Distinguished the PreÂludes. Intended to serve as improvised I stand on the rocks and I listen to the an- Service Medal, the Defense Superior Service beginnings to an intimate recital, these pieces cient whispers of the sea, Medal, the Legion of Merit with oak leaf clus- range from gentle melancholy to the dramatic. They sing the songs of fishermen, of cannon ter, the Meritorious Service Medal with two Many of Chopin's most beautiful compositions fire, of boats rich with merchandise. I lie on the banks of Fort Sewall. oak leaf clusters, and a myriad of other come from the series of short, reflective Suddenly, the benches transform into can- awards. pieces he called nocturnes. His nocturnes nons. LTG Lyles has an impressive educational were usually gentle with a flowing bass and Trees become young soldiers. background. He is a graduate of prestigious demonstrate Chopin's flair for elegant, song- Townspeople cheer as the proud bow of the senior service schools including the Armed like melodies. Constitution steers into harbor. Forces Staff College, the National War Col- Indeed, Chopin composed some of the most At night men gather around a blazing fire. lege, and the Defense Systems Management beautiful piano music ever written, and I ap- Their triumphant songs rise to meet the College. He also holds a Bachelor of Science plaud those who will pay tribute to this remark- surge of ocean waves. degree in mechanical engineering from How- When I walk on the old roads, I hear the able composer and his Polish heritage in this drumming of Glover’s Regiment ard University, Washington, DC, and a Master important anniversary year. marching over faded cobblestones. of Science degree in mechanical and nuclear f On the steps of the Town House the crier is engineering from the Air Force Institute of ringing his bell. Technology, at New Mexico State University, TRIBUTE TO TEACHING FELLOWS It calls out in the salty air like a foghorn Las Cruces. FROM STANLY COUNTY, NORTH leading sailors home. . . . LGT Lyles serves proudly as a member of CAROLINA When I walk by the historic houses, I see the the United States Armed Forces. He is a dis- spirits of Marblehead. tinguished soldier whose accomplishments re- A woman stands on a widow’s walk. Her HON. ROBIN HAYES white dress flaps around her like the flect great credit upon himself, the United OF NORTH CAROLINA wings of wild seagulls. States Air Force, and the United States of IN THE HOUSE OF REPRESENTATIVES She is waiting for her husband to return. America. Thursday, May 27, 1999 She is waiting to see the tall mast emerge On this occasion, Mr. Speaker, I am hon- from the fog. ored to join his family, friends, and colleagues Mr. HAYES. Mr. Speaker, it is my pleasure She is waiting. as we recognize LTG Lester Lyles on his pro- to congratulate four Stanly County students The aged bricks and wooden clapboards of motion to four star General in the United who are among the 1999 recipients of the these houses are filled with voices. States Air Force. North Carolina Teaching Fellows scholarships. And the song of these voices is remember. f Each Fellow receives a $26,000 scholarship f loan from the state of North Carolina. THE 150TH ANNIVERSARY OF THE The full loan is forgiven after the recipient STATEMENT FOR THE RECORD ON DEATH OF FREDERIC CHOPIN has completed 4 years of teaching in North THE INTRODUCTION OF A BILL Carolina public schools. TO CLARIFY THAT NATURAL HON. JOHN D. DINGELL In addition, all Fellows take part in academic GAS GATHERING LINES ARE 7– summer enrichment programs during their col- YEAR PROPERTY FOR PURPOSES OF MICHIGAN OF DEPRECIATION IN THE HOUSE OF REPRESENTATIVES lege careers. The Teaching Fellows Scholarship program Thursday, May 27, 1999 was created by the North Carolina General HON. SAM JOHNSON Mr. DINGELL. Mr. Speaker, this year marks Assembly in 1986 and has become one of the OF TEXAS the occasion of the 150th anniversary of the top teacher recruiting programs in the country. IN THE HOUSE OF REPRESENTATIVES death of one of the world's most enduring mu- This innovative program attracts talented Thursday, May 27, 1999 Â Â sicians. Frederic Chopin. Chopin was born in high school seniors to become public school Mr. SAM JOHNSON of Texas. Mr. Speaker, Zelazowa Wola, a village six miles from War- teachers. This is a common sense, state today I am joined by Representatives saw, Poland on March 1, 1810. He suffered based program that will help encourage our MCCRERY, HOUGHTON, WATKINS, MCINNIS, and from tuberculosis and died in Paris at the age best and brightest to come back to their com- CAMP in the introduction of legislation that will of 39 on October 17, 1849. This year his life munities to teach. clarify the proper treatment of natural gas and work will be celebrated around the world, The 1999 recipients from Stanly County, gathering lines for purposes of depreciation. and it brings me and my Polish heritage great North Carolina are Catherine Ellen Hinson and For several years, a level of uncertainty has pride to recognize this event. Mai Lee Xiong, both of Albemarle High hampered the natural gas processing industry Chopin's abilities were recognized at an School, Adam Allen Cycotte of South Stanly as well as imposed significant costs on the en- early age. At 9, he played a concerto at a High School, and Anna Beth Spence of West ergy industry as a whole. Consequently, I public concert. He published his first composi- Stanly High School. have worked to bring certainty to the tax treat- tion at 15. And at the age of 21, Chopin Mr. Speaker, I want to congratulate these ment of natural gas gathering lines. During moved to Paris where he was well-received. individuals for the courage and desire to enter this time, I have corresponded and met with a He taught piano lessons and often played in the teaching profession. variety of people from the Department of private homes, preferring this to public con- f Treasury in an effort to secure the issuance of certs. much needed guidance for the members of One of the best-known and best-loved com- REMEMBRANCE OF OLD the natural gas processing industry regarding posers of the romantic period, Chopin was de- MARBLEHEAD the treatment of these assets. voted to the piano, and his more than 200 Unfortunately, I have not received satisfac- compositions demonstrate his grace and skill. HON. JOHN F. TIERNEY tory responses. Protracted Internal Revenue And his admirers included fellow composer OF MASSACHUSETTS Service audits and litigation on this issue con- Franz List and Robert Schumann. Chopin re- IN THE HOUSE OF REPRESENTATIVES tinues without any end in sight. As a result, I portedly fell deeply in love with the novelist chose to introduce legislation in the 105th Thursday, May 27, 1999 George Sand (Aurore Dudevant), and he de- Congress in order to clarify that, under current scribed her as his inspiration. Mr. TIERNEY. Mr. Speaker, recently I had law, natural gas gathering lines are properly His works include two sets of etudes, two the pleasure of joining with my constituents to treated as seven-year assets for purposes of sonatas, four ballads, many pieces he titled celebrate Marblehead, Massachusetts' 350th depreciation. This year, I introduced similar preludes, impromptus, or scherzos, and a Anniversary! At the festivities a remarkable legislation, H.R. 674, as a part of the 106th great number of dances. Included among the young eighth grader from Marblehead Middle Congress. Today's bill supersedes my earlier latter are a number of waltzes, but also School shared her poem, ``Remembrance of bill, H.R. 674, and contains a few minor tech- mazurkas and six polonaises, dances from his Old Marblehead'' with those assembled. I can nical changes that are necessary to ensure native Poland. Some of these dance pieces attest to the fact that her words and delivery that this legislation achieves its intended ef- are among Chopin's best-known works, includ- truly ``stole the show'' and I take great pride in fect. ing the Polonaise in A-flat major and the Waltz sharing Ms. Katherine Fowley's fine work with This bill specifically provides that natural in C-sharp minor. my Colleagues: gas gathering lines are subject to a seven- CONGRESSIONAL RECORD — Extensions of Remarks E1125 year cost recovery period. In addition, the leg- age ten, he moved with the family to York, has concluded that EverCare's revenue alone islation includes a proper definition of a ``nat- Pennsylvania. As a young man at a time when will decrease 42% under this new method- ural gas gathering line'' in order to distinguish there were no colleges under Lutheran aus- ology. The program could not continue with these assets from pipeline transportation lines pices, Samuel Schmucker attended the Uni- such dramatic cuts. for depreciation purposes. While I believe this versity of Pennsylvania and Princeton Theo- Recognizing that EverCare and programs result is clearly the correct result under current logical Seminary. While attending these like it may be adversely impacted by the new law, my bill will eliminate any remaining uncer- schools, he demonstrated exceptional intel- methodology, HCFA granted certain programs tainty regarding the treatment of natural gas ligence and leadership skills. After leaving limited exemptions. However, HCFA acknowl- gathering lines. school, Mr. Schmucker was determined to do edged that additional steps may be necessary The need for certainty regarding the tax everything within his power to improve edu- by stating they would also be ``assessing pos- treatment of such a substantial investment is cation in his denomination and in his common- sible refinements to the risk adjustment meth- obvious in the face of the IRS's and Treas- wealth. In 1821, at the young age of 22, Sam- odology'' as it relates to these programs and ury's refusal to properly classify these assets. uel Schmucker was ordained and he quickly was considering developing a `hybrid' payment The Modified Accelerated Cost Recovery Sys- began to instruct candidates for the ministry. methodology for them. tem (MACRS), the current depreciation sys- He founded and served the Lutheran Theo- I appreciate HCFA's understanding of the tem, includes ``gathering pipelines and related logical Seminary by preparing hundreds of uniqueness of the programs and the need to production facilities'' in the Asset Class for as- men for the Lutheran ministry. treat them differently than traditional sets used in the exploration for and production In 1832 Mr. Schmucker became the chief Medicare+Choice plans. However, I am con- of natural gas subject to a seven-year cost re- founder of Gettysburg College, one of the 50 cerned that over four months have passed covery period. Despite the plain language of oldest colleges in the United States today. Al- and we have not seen action on the part of the Asset Class description, the IRS and though the college was under Lutheran influ- HCFA to develop such a methodology. In ad- Treasury have repeatedly asserted that only ence, he insisted that no student or faculty dition, I am concerned that they have not ap- gathering systems owned by producers are el- member be denied admission based on their plied the exemption to other similar programs igible for seven-year cost recovery and all religion. Samuel Schmucker remained an ac- specifically designed for the frail elderly living other gathering systems should be treated as tive member of the College Board of Trustees in nursing homes. transmission pipeline assets subject to a fif- for more than 40 years. Throughout his life, he Along with the bill and statement today, I teen-year cost recovery period. was an ardent supporter of education for am submitting some testimonials I have re- The IRS's and the Treasury's position cre- women and minorities. He so adamantly op- ceived from those involved with this critical ates the absurd result of the same asset re- posed slavery and was outspoken on the sub- program. I believe they will do a better job ceiving disparate tax treatment based solely ject that when confederate soldiers swept than I could of explaining the uniqueness and on who owns it. The distinction between gath- across the seminary campus on July 1, 1863, importance of these programs. ering and transmission is well-established and his home and library were ransacked. Mr. Speaker, the risk adjusted payment recognized by the Federal Energy Regulatory I am pleased to recognize the sponsors of methodology is intended to ensure reimburse- Commission and other regulatory agencies. this special event: Gettysburg College, the Lu- ments which reflect the health care status and Their attempt to treat natural gas gathering theran Historical Society, and Lutheran Theo- needs of Medicare beneficiaries, not deny ac- lines as transmission pipelines ignores the in- logical Seminary at Gettysburg and I com- cess to pioneering new programs. tegral role of gathering systems in production, mend them for acknowledging the importance That's why I urge my colleagues to cospon- and the different functional and physical at- of Samuel Schmucker's accomplishments. sor this legislation to ensure cost-effective and tributes of gathering lines as compared to I am very proud of Samuel Schmucker's care-enhancing programs like these are not transmission pipelines. contribution to the educational system and cul- unintentionally and fatally impacted as HCFA Not surprisingly, the United States Court of ture of Pennsylvania. His legacy of leadership gradually moves into an appropriate, com- Appeals for the Tenth Circuit recently held that has benefited many generations of Americans. prehensive methodology. I urge my colleagues natural gas gathering systems are subject to a f to cosponsor this MERITorious bill. seven-year cost recovery period under current INTRODUCTION OF THE MEDI- THE EVERCARE STORY—CLINICAL SUCCESS law regardless of ownership. The potential for STORIES SUBMITTED BY SITE CARE’S ELDERLY RECEIVING IN- costly audits and litigation, however, still re- PHOENIX SITE mains in other areas of the country. Given that NOVATIVE TREATMENTS (MERIT) ACT OF 1999 Sara Roth was a 75 year old EverCare resi- even a midsize gathering system can consist dent of Shadow Mountain Care Center. of 1,200 miles of natural gas gathering lines, Sara’s primary diagnosis was S/P and that some companies own as much as HON. JIM RAMSTAD frontotemporal craniotomy for a massive 18,000 miles of natural gas gathering lines, OF MINNESOTA subdural hematoma. She was now essentially bedridden and as a result had pressure sores these assets represent a substantial invest- IN THE HOUSE OF REPRESENTATIVES ment and expense. The IRS should not force complicating her current medical status. Thursday, May 27, 1999 Less than 9 months prior to her enrolling businesses to incur any more additional ex- Mr. RAMSTAD. Mr. Speaker, I rise today to with EverCare, she had been essentially alert penses as well. My bill will ensure that these and dependent. Sara’s family was pursuing assets are properly treated under our coun- introduce legislation to promote the coverage legal interventions with her previous health try's tax laws. of frail elderly Medicare beneficiaries enrolled care providers. I urge my colleagues to join me as cospon- in innovative Medicare+Choice programs. Sara’s family felt isolated, tremendously sors of this important legislation. This bill will exempt certain innovative pro- frustrated and out of control prior to her en- f grams specifically designed for the frail elderly rolling in EverCare. Sue was able to help this living in nursing homes from being impacted family who had unrealistic expectations, HONORING THE ANNIVERSARY OF by the new risk-adjusted payment method- make difficult, but informed decisions. Ulti- THE BIRTH OF SAMUEL S. ology designed by the Health Care Financing mately, Sara was able to die with compas- SCHMUCKER sion and dignity. The family was comforted Administration (HCFA) during its phase-in pe- and supported by the team during this dif- riod. ficult time, as their attached letter attests. HON. WILLIAM F. GOODLING While the concept of a risk-adjusted pay- This example truly represents the unique OF PENNSYLVANIA ment methodology would actually be beneficial aspects of the EverCare model in action— protecting the quality of life, and when this IN THE HOUSE OF REPRESENTATIVES for such programs, the interim methodology is limited in scope and is primarily based on hos- is no longer possible, creating the most Thursday, May 27, 1999 pital encounter data. This focus on hospitaliza- therapeutic environment to protect life’s Mr. GOODLING. Mr. Speaker, I rise today in tions will put programs that are designed to end. SCOTTSDALE, AZ recognition of the bicentennial of the birth of provide care in non-hospital settings, thus re- July 20, 1998. Samuel S. Schmucker, who made great con- ducing the need for expensive hospitalizations, Re Ms. Sue Freeman, nurse practitioner. tributions to American culture, religion, and at a distinct disadvantage. Ms. KATHRYNE BARNOSKI, education. One such program is EverCare, an innova- Clinical Director, Mr. Samuel Schmucker was born 200 years tive health care program for the frail elderly in EverCare, Phoenix, AZ. ago on February 28, 1799 in Hagerstown, Minnesota and other states. A recent study by DEAR MS. BARNOSKI: I write this letter to Maryland into a Lutheran parsonage family. At the Long Term Care Data Institute (LTCDI) express our family’s deep appreciation for all E1126 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 of Ms. Freeman’s help in regard to our moth- was 56, Creatinine 2.4. A family conference communicate some of her needs. She still er, Sara Roth, who passed away on July 1 at was convened with Elizabeth’s daughter Ar- likes her soaps. Best of all, she is no longer the Shadow Mountain Nursing Home in lene Latham, Dr. Kaczar, Mary Ann and the a tube feeder and can feed herself after set- Scottsdale. nursing staff. Potential treatments were dis- up. Prior to EverCare, our family felt alone cussed and Advanced Directives were re- The member was not just ‘‘the CVA.’’ The and frustrated in dealing with all Sara’s viewed. Elizabeth’s wishes were considered office staff could visualize our member and medical needs at Shadow Mountain. It was as well as her daughter’s. Everyone agreed truly felt great as she made gains. difficult reach a doctor or getting answers on a plan. Antibiotics by mouth would be The outcome of this team effort was an in- from her nurses regarding her condition or started and if no improvement in food/fluid crease in the quality of life for our EverCare explanation of medications. EverCare be- intake short term, intravenous fluids for hy- member. came like a fairy godmother who orches- dration would be given. Elizabeth would re- EverCare can make a difference! trated a wonderful team approach to caring main a do not resuscitate. Intravenous fluids f for our mother. Communication between Dr. would be given in the care center with full Sapp, Ms. Freeman and myself was excellent support of the Director of the Nursing and 43RD ANNUAL PITTSBURGH FOLK and that in itself did wonders for my peace of the staff rather than transport to the hos- FESTIVAL TO TAKE PLACE mind. pital. Elizabeth did not improve with anti- FROM MAY 28–30, 1999 I would like to take this opportunity to biotics alone and did require intravenous thank one of your shining stars—Ms. Sue fluids. Mary Ann contacted the Case Man- Freeman. What a wonderful woman! She is ager, Rose Larkin, and it was determined HON. RON KLINK articulate, highly skilled, organized, profes- that Elizabeth would qualify for Intensive OF PENNSYLVANIA sional, and has a great heart! I always felt Service Days for a change in condition and IN THE HOUSE OF REPRESENTATIVES like Sara was a top priority with Sue and for to prevent a hospitalization. As Elizabeth Thursday, May 27, 1999 that, we will always be grateful. improved, she was moved into a Skilled EverCare works. That is important for you Nursing benefit. Mary Ann visited Elizabeth Mr. KLINK. Mr. Speaker, I rise to recognize to know. God only knows what would have daily and updated Arlene on her condition. an extraordinary event that will soon take happened to Sara’s quality of life without Elizabeth recovered with the assistance and place in Pittsburgh, Pennsylvania. From May Dr. Sapp and Ms. Freeman. support of the family, facility staff and the 28±30, 1999, the Pittsburgh Folk Festival, Inc. Thank you from the bottom of our hearts. primary care team. Sincerely, will entertain the community with the 43rd An- Eleanor Shnier. EVERCARE, nual Pittsburgh Folk Festival. For nearly half a 2222 E. Camelback Rd, Suite 120, Phoenix, AZ. century, this non-profit organization has been DEAR MS. BARNOSKI: I would like to express dedicated to the preservation and sharing of Rose Dealba is an 82-year old female resi- my appreciation for the interest taken and dent of Mi Casa, patient of Dr. Greco with a care given to my mother, Elizabeth DeBruler international cultures and heritages in the history of cervical myopathy and chronic di- by Dr. Philip Kaczar and Mary Ann Allen. Pittsburgh area. arrhea. Mrs. Dealba was essentially bed- Dr. Kaczar’s prompt attention to her recent Throughout this three-day festival, the ridden and total care because of her cervical physical problems have been commendable music, dance, cuisine, and crafts of Latin myopathy. Of note—Mrs. Dealba is cog- and the follow-up by Mary Ann has also been American, Scandinavian, African, Asian, and nitively intact. Her inability to care for her- impressive. The close attention and efforts European countries will be displayed for all to self had added depression to her problem list. to make her comfortable have been very sat- Her quality of life was less than optimal due enjoy. The 43rd Annual Pittsburgh Folk Fes- isfying to me. tival will provide not only entertainment, but to her inability to get herself to the bath- EverCare is to be commended for their room, to feed herself, etc. The patient and foresight in selection of these individuals. I will also be an opportunity for enlightenment her family felt there was not hope for im- feel they are an asset to Ever Care and and education about the cultures and herit- provement in Mrs. Dealba’s condition. Glencroft Care Center. ages of the people of the Pittsburgh area and With slow and progressive/incremental Sincerely, around the world. physical therapy, occupational therapy and ARLENE LATHAM. Western Pennsylvania is filled with culturally restorative nursing, Mrs. Dealba was able to and ethnically diverse people, and this gala feed herself, transfer and ambulate to the TAMPA SITE event aims to recognize the different histories bathroom with a walker and assist of one. AWAKENING Her chronic diarrhea has finally been con- and heritages from which we come. Through Coming ‘‘live’’ in a new facility is always trolled. With another round of PT she has be- this celebration, everyone involved will have an opportunity for everyone involved; the come more independent in her transfers and the ability to learn and experience this multi- member and family, the facility, facility ability to get to the bathroom. She is now staff, EverCare staff, and the primary care culturalism. able to go outside with her family. team. There are many reservations. ‘‘Should Mr. Speaker, educating Americans about Both Mrs. Dealba and her family are I have signed my Mom up for this the diversity of this world must be a top pri- thrilled with her progress. With Mrs. EverCare?’’ The staff is wondering how this ority. The Pittsburgh Folk Festival has cham- Dealba’s previous medical carrier, physical will work. The nurse practitioner is thinking pioned this philosophy for 43 years, and I am therapy had been denied. She has been able ‘‘how will I fit in with this group?’’ to maintain these gains with assistance of confident it will continue to do so in the future. One of my new members in a new facility the restorative nursing program. I ask my colleagues to please join me in ap- was a 72-year-old woman. She lived there for plauding the dedication and hard work of the It is very difficult to report only one suc- six months, after suffering a severe CVA, cess story. Team members report successes leaving her aphasic, NPO with a feeding participants of the Pittsburgh Folk Festival. in practicing the EverCare model on a daily tube. She was dependent in all ADL’s, and This organization deserves our thanks for its basis. A recent event leading to a letter of spent a good portion of her day in a geri contributions to the education and enlighten- appreciation for Mary Ann Allan is one of chair, watching her soaps. She did respond ment of my Congressional District and the na- many examples. Mary Ann has grown espe- by nodding her head, but it was extremely tional community. cially close to her residents and their fami- difficult to assess her level of orientation. f lies in a very short time as she joined This member’s son had a discussion with EverCare in June of 1998. the primary care team and all of her medica- HONORING MIMI MOSKOWITZ FOR tions, including cardiac and seizure, were HER SERVICE TO THE BAYSIDE Elizabeth DeBruler is an 89-year old resi- discontinued, at his request. The member re- JEWISH CENTER dent at the Glencroft Care Center with a pri- sponded to this change, she woke up! mary diagnosis of S/P CVA and Hyper- A team effort ensured. Physical therapy tension. Elizabeth is alert, oriented and very and occupational therapy screened the mem- HON. GARY L. ACKERMAN functional with no stroke residual. She is up ber and requested an evaluation. Indeed OF NEW YORK and about daily in the facility ambulating there were documented changes. IN THE HOUSE OF REPRESENTATIVES with her walker. Mary Ann and Dr. Kaczar Therapy and the primary care team dis- are the Primary Care Team and work to- cussed a plan of care and put it into action. Thursday, May 27, 1999 gether to monitor Elizabeth’s blood pressure Case management became actively involved. Mr. ACKERMAN. Mr. Speaker, I rise today and medications. Speech therapy came on board as the mem- to note the accomplishments of Mimi In December, the nursing staff reported to ber demonstrated gains in other areas. Com- Moskowitz, who will be honored by the Mary Ann that Elizabeth was confused with munication was the key to this plan. decreased food and fluid intakes. Mary Ann The member worked very hard and made Bayside Jewish Center, of Queens County, examined her, ordered a workup to rule out continual gains. She is now able to assist New York, at a testimonial dinner on Monday, a treatable cause, and discussed a treatment with bathing and grooming. She can propel June 7. plan with Dr. Kaczar. Labs showed a urinary her wheelchair throughout the facility and Mimi is stepping down after two years as tract infection and dehydration. The BUN attends activities. She is able to use a pad to President of the Sisterhood of the Bayside CONGRESSIONAL RECORD — Extensions of Remarks E1127 Jewish Center, but she will continue to play an projects throughout the next eight years. As a TRIBUTE TO THE TEACHERS, PAR- active role in the synagogue, as she has done result of these efforts, Art won a $750,000 ENTS, ADMINISTRATORS AND for the past 22 years. grant from the Workforce Partnership to estab- STUDENTS OF HOLLOW HILLS Since moving to Bayside from the Bronx in lish a groundbreaking pre-apprenticeship pro- FUNDAMENTAL SCHOOL 1977, Mimi Moskowitz has plowed her energy gram that will create new pathways for low-in- and her limitless talent into the fundraising ef- come San DiegansÐparticularly women and forts and entertainment programs of the people of colorÐinto skilled construction jobs HON. ELTON GALLEGLY Bayside Jewish Center. For many years, she that pay living wages. OF CALIFORNIA co-chaired the synagogue's highly successful My congratulations go to Art Lujan for these New Year's Eve Dinner Dances. These annual significant contributions. I can attest to Art's IN THE HOUSE OF REPRESENTATIVES events were routinely sold out, and attracted dedication and commitment and believe him to party-goers throughout New York City and be highly deserving of the San Diego-Imperial Thursday, May 27, 1999 Long Island. Counties Labor Council, AFL±CIO Leadership Award. Mr. GALLEGLY. Mr. Speaker, I rise to rec- In addition, Mimi served the Bayside Sister- ognize the parents, students, faculty and staff f hood as Program Vice President and Ways whose dedication to excellence has earned and Means Vice President, prior to her tenure THANK YOU TERRY VANSUMEREN Hollow Hills Fundamental School, in my home- as Sisterhood President. She has coordinated town of Simi Valley, CA, recognition as a na- numerous Shabbat Dinners, Holiday Hoote- tional Blue Ribbon School nannies, This is Your Life tributes, and Purim HON. JAMES A. BARCIA Parties; has helped edit the synagogue news- OF MICHIGAN Hollow Hills Fundamental School is a shin- letter, the Voice; and has produced countless IN THE HOUSE OF REPRESENTATIVES ing example of what can happen when par- promotional flyers. The hours of service she Thursday, May 27, 1999 ents, teachers and administrators collaborate on the best approaches for providing a quality has spent volunteering in the synagogue office Mr. BARCIA. Mr. Speaker, there is no doubt are too numerous to count. education. The school's mottoÐCommitted to as to the value of the characteristics of dedi- ExcellenceÐis not merely a slogan. It's a way Before arriving in Bayside, Mimi honed her cation, loyalty and perseverance. These are talents in service to the B'nai B'rith of Co-op of life that other campuses would be well traits that distinguish the ordinary from the ex- served to follow. A combination of a struc- City, and the Sisterhood of the Castle Hill traordinary. Today, I rise to recognize Terry Jewish Community Center. tured, consistent learning environment with an VanSumeren, an extraordinary individual who emphasis on basic skills and traditional Amer- However, Mimi Moskowitz is perhaps best has served the Hampton Township community ican values ensures intelligent, socially re- known for her inventive song parodies and every day for the past 32 years. sponsible students and future adults. poems, which have been the hit of many an Terry was born on September 19, 1937, to enjoyable evening at Jewish Centers in Lawrence and Mary VanSumeren. After grow- Mr. Speaker, the school will be honored at Queens and the Bronx for more than four dec- ing up in the area where he would make a the Ronald Reagan Presidential Library in ades. Who can forget such classics as Pass- name for himself, he was hired by the Hamp- Simi Valley on Tuesday. It's a particularly fit- over is Coming to Town, It's Beginning to ton Township Department of Public Works on ting tribute to Hollow Hills. President Reagan Look a Lot Like Purim, I'm Dreaming of a Full June 5, 1967. This would begin one of the once made this statement to a group of edu- Sukka, or her seminal work, the full-length most impressive streaks ever by a local gov- cators: production of South Passaic? Indeed, Mimi is ernment employee. Since his date of hire, Our leaders must remember that education believed to be the only person ever to use the Terry VanSumeren has never taken a sick doesn’t begin with some isolated bureaucrat phrase Bronx Press Review in a rhyming lyric! dayÐnot one single day. Blessed with good in Washington. It doesn’t even begin with Mr. Speaker, Mimi's legions of friends will health and an unmatched devotion to the resi- state or local officials. Education begins in be flocking to the Bayside Jewish Center on dents of Hampton Township, Terry has been the home, where it is a parental right and re- June 7 to honor her for her tireless devotion, there every day for the people of his township. sponsibility. He has become a very well respected member boundless energy and limitless service to her That principle is fully integrated into Hollow of the community. Always looking to improve synagogue and her community. I ask all my Hills' lesson plans. The school was founded in Hampton Township, he is an active member of colleagues in the House of Representatives to 1982 in collaboration with parents. Every year, the township board. join me now in honoring Mimi Moskowitz, con- Hollow Hills parents, students and educators At a time when many people are skeptical gratulating her on the occasion of her testi- formally rededicate themselves to quality edu- about government, the excellent work done by monial, and extending our best wishes to her cation through a ``Commitment to Excellence'' Terry VanSumeren should instill a sense of for her future health and success. agreement. The school boasts a strong PTA f confidence in the residents of Hampton Town- ship. They have been extremely fortunate to and dedicated parents who volunteer their spare time to enhance their children's edu- WORKERS MEMORIAL DAY: have someone so hard working and devoted cation. LEADERSHIP AWARD to attending to the needs of their community. Today, Terry retires as the Superintendent of In addition to stressing basic reading and the Hampton Township of Public Works, a po- math skills, the school also emphasizes art, HON. BOB FILNER sition he has held for the past 15 years. There music and technology, guaranteeing students OF CALIFORNIA is no doubt that as he leaves this position, a well-balanced education. IN THE HOUSE OF REPRESENTATIVES Terry has made the township a much stronger Hollow Hills also stresses attributes that un- Thursday, May 27, 1999 community. As he now enters into his retire- fortunately are missing in many schools today: ment, Terry will have the opportunity to spend personal responsibility, diligence, courtesy, re- Mr. FILNER. Mr. Speaker, and colleagues, I time in his workshop and, more importantly, to spect to authority, punctuality and respect for rise today to recognize Art Lujan, as he is spend time with his charming wife, Margaret, the law. These ingredients are just as impor- honored by the San Diego-Imperial Counties his two daughters Kym and Keri, as well as tant to raising intelligence and socially respon- Labor Council, AFL±CIO for his leadership in his grandson Zane. sible adults. the San Diego labor movement. Mr. Speaker, dedication is defined as the As the Business Manager of the San Diego act of being wholly committed to a particular Mr. Speaker, as our nation works in concert Building and Construction Trades Council, Art course of thought or action. I know of no one to better our education system, it would serve has worked many years at uniting the twenty- who better exemplifies what it means to be us well to study the successes of our Blue six diverse building trade unions in San Diego. dedicated than Terry VanSumeren. For the Ribbon Schools. They are the best of the best As an officer of the Labor Council, he has past 32 years, he has been wholly committed and a key to our future. I know my colleagues brought that commitment to promoting a to the people of Hampton Township. I urge will join me in applauding Hollow Hills Prin- strong labor movement in the County. you and all of our colleagues to join with me cipal Leslie Frank, her entire staff, and the Art successfully secured a Project Labor to congratulate the outstanding accomplish- parents and students of Hollow Hills for raising Agreement with the County Water Authority ments of Terry VanSumeren and to wish him the bar and setting a strong example for oth- resulting in over $700 million in construction continued health and happiness. ers to follow. E1128 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 HONORING OUR FALLEN MILITARY report prepared by the Attorney General’s round of its three-day hearings on racial PERSONNEL AT GLENDALE CEM- office will acknowledge that some troopers profiling Tuesday in Newark. ETERY have engaged in the practice known as racial profiling. BASE OFFICIALS INVESTIGATE RACIAL The same officials said the state will drop EPITHETS DRAWN ON SLEEPING MARINE HON. GENE GREEN its appeal of a 1996 court decision asserting JACKSONVILLE, N.C. (AP).—Officials at OF TEXAS that troopers demonstrated race bias in Camp Lejeune are investigating allegations IN THE HOUSE OF REPRESENTATIVES making arrests along the New Jersey Turn- that three white Marines drew racial epi- pike in Gloucester County. thets on the face and arm of a black Marine Thursday, May 27, 1999 Attorney General Peter Verniero’s office assigned to their unit. Mr. GREEN of Texas. Mr. Speaker, this said his findings on the State Police’s train- A 20-year-old black Marine whose name ing and practices are due out Tuesday or weekend, in a solemn ceremony at Glendale has not been released, reported to city police Wednesday. last week the other Marines wrote the words Cemetery, families will gather to honor those The report is expected to confirm what ‘‘KKK’’ and ‘‘nigger’’ on his forehead and who gave their lives so that future generations civil rights activists said they have known ‘‘Go back to Africa’’ on his left arm as he of Americans might live in freedom. America for years. slept in a motel room. bows its head in thanks to our fallen heroes. ‘‘Racial profiling is the worst-kept secret The Marine told police April 11 he work up With flags at half-mast, with flowers on a in New Jersey,’’ Black Ministers Council of and found the scrawls on his body. New Jersey executive director Rev. Reginald grave, and with quiet prayers, we take time to The three white Marines had left the motel Jackson told The Star-Ledger of Newark for when officers responding to the call arrived, remember their achievements and renew our Tuesday’s editions. ‘‘I don’t think anybody ‘‘but they left behind the drawing tools ap- commitment to their ideals. reasonable will say that it doesn’t happen.’’ parently used as well as photos they took of Across our country, Americans will be hold- State Police leaders have consistently ar- the victim as he slept,’’ said Deputy Police ing similar ceremonies in remembrance of gued that the agency does not engage in ra- Chief Sammy Phillips. those who have died under the colors of our cial profiling. The issue cost State Police An Onslow County magistrate determined Nation. We will remember the brave men and Superintendent Col. Carl Williams his job the white Marines could have been charged women whose sacrifices paved the way for us earlier this year and threatens to impact the with assault inflicting injury and ethnic in- political fate of both Whitman, who is ex- timidation, a felony. But the victim decided to live in a country like America. We will re- pected to run for the U.S. Senate, and not to press charges. member the families of our fallen heroes, and Verniero, who has been nominated for the Instead, he asked Onslow County Mag- we will grieve for their losses. We will remem- state Supreme Court. istrate Shelby Jones to contact his battalion ber the men and women who are now serving State officials face a Wednesday deadline commander. in our Armed Forces. to decide if they want to continue their ap- ‘‘When he made that decision, I found no Throughout our history, we have been peal of the 1996 decision in state Superior probable cause. I did tell him that if the military did not take care of it, the state blessed by the courage and commitment of Court in Gloucester County. The court deci- sion, which could affect dozens of pending would,’’ Jones said last week. Americans who were willing to pay the ulti- criminal cases, found evidence of racial Maj. Scott B. Jack, a spokesman on base, mate price. From Lexington and Concord to profiling. said the battalion commander has inves- Iwo Jima and the Persian Gulf, on fields of The newspaper reports come one day after tigated the allegations and is considering battle across our nation and around the world, state officials announced official misconduct disciplinary action. our men and women in uniform have riskedÐ indictments against the two troopers in- ‘‘The Marine who was subjected to this in- volved in last year’s controversial shooting dignity has expressed his satisfaction with and lostÐtheir lives to protect America's inter- the action currently being taken by his com- ests, to advance the ideals of democracy, and along the Turnpike in Mercer County. Troopers John Hogan and James Kenna al- mand,’’ Jack said. to defend the liberty we hold so dear. legedly made false statements on the race of A staff judge advocate is reviewing the For more than 200 years, the United States motorists they pulled over. Such data was case to determine whether it should be has remained the land of the free and the being gathered in a State Police traffic stop turned over to the Naval Criminal Investiga- home of the brave. The NATO military oper- survey prompted by the 1996 court decision. tion Service. All four Marines are from the same unit ations in the former Yugoslavia have re- Authorities said the indictments against Hogan and Kenna were not directly related currently deployed with the 26th Marine Ex- affirmed that international peace and security peditionary Unit to the Mediterranean. depend on our Nation's vigilance. Even in the to their involvement in the shooting near Exit 7A. Three young minority men were post-Cold War era, we must be wary, for the wounded when the troopers fired 11 shots at WACO, OKLAHOMA CITY BOMBING ANNIVERSARY world still remains a dangerous place. their van. The troopers said the van had KEEPS NEARLY ONE-THIRD OF JASPER STU- This spirit of selfless sacrifice is an unbro- backed up toward them suddenly. DENTS AT HOME ken thread woven through our history. Wher- Lawyers for Hogan and Kenna have said JASPER, TEXAS (AP)—The school week is ever they came from, whenever they served, the pair are being used as scapegoats in the getting a later start for many students liv- our fallen heroes knew they were fighting to broader debate over racial profiling. Another ing near the East Texas scene of a dragging preserve our freedom. On Memorial Day we lawyer who often represents troopers, Philip death. remember them, and we acknowledge that we Moran, suggested that the real blame lies Almost one-third of Jasper students stayed with the State Police top brass. home, fearful that white supremacists would stand as a great, proud, and free Nation be- ‘‘The problem with this is that they indict use the anniversary of the Branch Davidian cause of their devotion. the troopers at the bottom end,’’ Moran told fire in Waco and Oklahoma City bombing to f the Philadelphia inquirer for Tuesday’s edi- stage another violent event. tions. ‘‘They don’t indict the supervisors— Shannan Holmes sent her 8-year-old daugh- EXPOSING RACISM who taught them to profile, who required ter, Meagan, to the baby sitter with her lit- them to profile, and who congratulated them tle brother, Monday instead of the second- HON. BENNIE G. THOMPSON for profiling.’’ grade class at Parnell Elementary. The four occupants of the van have said ‘‘I just wanted the peace of mind,’’ she told OF MISSISSIPPI they plan to file civil rights lawsuits against the Houston Chronicle. ‘‘There’s all kinds of IN THE HOUSE OF REPRESENTATIVES the troopers and the State Police. nasty rumors going around, but I just Thursday, May 27, 1999 The indictments against Hogan and Kenna thought it was better to be safe. It’s just one may prompt courts to dismiss criminal day.’’ Mr. THOMPSON of Mississippi. Mr. Speak- charges against 26 minority defendants ar- Ms. Holmes said that her daughter could er, in my continuing efforts to document and rested by the two troopers in the past two return to school today. Earlier this month, expose racism in America, I submit the fol- years. Attorneys representing those suspects state officials revealed that a racist prison lowing articles into the CONGRESSIONAL said prosecutors will be reluctant to call gang member called other like-minded indi- viduals to gather in Jasper on the anniver- RECORD. Hogan and Kenna as witnesses now that they face charges themselves. sary of the Oklahoma City bombing and ‘‘I don’t think these cases will ever go to Branch Davidian fire for ‘‘Jasper tractor pull REPORTS: STATE OFFICIALS WILL ADMIT THAT trial,’’ defense lawyer John Weichsel told and drag racing event.’’ RACIAL PROFILING EXISTS The Record of Hackensack for Tuesday’s edi- Officials interpreted that to be a veiled ref- TRENTON, N.J. (AP).—State law enforce- tions. erence to the June 7 murder of a Jasper ment officials this week will grudgingly Sources told The Star-Ledger that the At- black man, James Byrd Jr., whose body was admit that state troopers unfairly target mi- torney General’s report will recommend found torn in two after being dragged behind nority motorists, according to published re- sweeping reforms and continued monitoring a pickup truck for nearly three miles. ports. of the State Police. A pretrial hearing is scheduled today for Officials in Gov. Christie Whitman’s ad- The state legislature’s Black and Latino the second of three white men accused in the ministration told several newspapers that a Caucus on Tuesday will host the second murder of James Byrd Jr. CONGRESSIONAL RECORD — Extensions of Remarks E1129 But at the Jasper County Courthouse on front of a north Louisiana home whose white Police studied security tapes from the Monday, activity was slow. A handwritten owners took in an interracial couple and store, determined that the Bibbses and Kelso sign taped inside the front door reminded the their family seeking refuge from a hurri- had no contact with the shopper and said no last person out to lock up. cane. charges would be filed. An investigation found nothing to the in- Gary Delane Norman, 25; James Norris Fri- The Bibbses and Kelso had no comment on mate-generated threat, the school super- day, 23; Matthew Ryan Morgan, 19, and Huey the suit Monday, said Victoria L. Jones, a intendent said Monday. Kenneth Martin, 18, all of Goldonna, admit- spokeswoman for the university in south- Nevertheless, worried parents kept 1,080 ted to a federal civil rights conspiracy. eastern Virginia. students, or 32 percent of those enrolled at Each faces up to 10 years in prison and a Jasper’s two elementary schools, the middle $250,000 fine when sentenced July 21 by U.S. RACIAL PROFILING BILL HEADS TO HOUSE and high school, at home on Monday, said District Judge F.A. Little Jr. Mandatory AGSTFPR Doug Koebernick, superintendent of the Jas- sentencing guidelines are used in setting fed- (By Adam Gorlick) per Independent School District. eral sentences, which are served without pa- ‘‘Some parents picked up on that, so in the role. HARTFORD, CT (AP)—Two competing bills, interest of the safety of their children, par- Authorities said crosses were burned in both designed to prevent police from pulling ents kept them from school,’’ Koebernick front of the house in Goldonna, where the over motorists based on their race, are mak- said. ‘‘It was just rumor generated.’’ family was staying on the nights of Sept. 27 ing their way through the general assembly. John William King, 24, an avowed white su- and Sept. 28, 1998. The family had been given Sen. Alvin Penn’s bill would require police premacist, was convicted and sentenced to shelter after fleeing the approach of Hurri- officers to record their observations about death in February for Byrd’s murder. Co-de- cane Georges, authorities said. the gender and race of every driver they pull fendant Lawrence Russell Brewer, 32, faces The victims were a black man, his white over. That information would be gathered by the same fate when his capital murder trial wife and their children who were staying the Chief State’s Attorney’s office and used begins May 17. A trial for the third defend- temporarily with the wife’s sister after flee- to determine whether the problem, known as ant, 24-year-old Shawn Allen Berry, has not ing south Louisiana as Hurricane Georges ‘‘racial profiling’’ exists. Another bill passed to the House by the Ju- been scheduled. approached. The indictment alleged that one of the diciary Committee Monday does not have men said: ‘‘No blacks sleep in Goldonna.’’ those requirements. DEFENSE BEGINS CASE IN TRIAL OF TWO ‘‘It’s an ill-fated bill,’’ Penn, D–Bridgeport, WHITE SUPREMACISTS Authorities alleged the scheme was hatched at a grocery store, After the cross said. ‘‘It’s a compromise, and this is some- LITTLE ROCK, ARK. (AP)—Defense attorneys was burned on the first night, a second, larg- thing you can’t compromise on.’’ for two white supremacists accused of mur- Rep. Michael Lawlor, co-chairman of the er cross was built and burned the following der and conspiracy to set up a whites-only Judiciary Committee, said the bills are not nation have tried to deflect the prosecution’s night. Whether a cross burning is illegal depends at odds with each other. He said there are incriminating testimony by suggesting that upon its purpose. Cross burning for ceremo- questions about how police officers could others were responsible for the crimes. compile racially sensitive information about nial purposes is not illegal. But it is a federal This week, the defense gets to provide ju- drivers without offending them or creating crime to burn a cross for racial motives in an rors a clearer view of its strategy for freeing an avalanche of paperwork. Chevie Kehoe and Daniel Les, both 26, of the attempt to intimidate or oppress someone. ‘‘By what system are you going to identify ‘‘While some may try to minimize this as charges in federal court. who’s in what category?’’ he said. ‘‘we have nothing more than a prank, finding a burn- Kehoe, of Colville, Wash., and Lee, of to make it clear that its not OK to target ing cross on your front lawn in the middle of Yukon, Okla., are charged with racketeering, people based on their race or ethnicity. If it the night is no laughing matter,’’ said U.S. conspiracy and murder. They are accused of is happening, lets figure out how to monitor Attorney Mike Skinner. ‘‘It is a tactic of fed- killing three members of Arkansas gun deal- it in a way that does not unnecessarily bur- eral and intimidation, and when it interferes er William Mueller’s family as part of the den the jobs that the cops do.’’ plot. with federally protected rights to every cit- Minority drivers have complained they are Prosecutors say the two wanted to over- izen, those responsible will be brought to jus- sometimes stopped and queried by police be- throw the federal government to set up a tice.’’ cause of their race, especially when driving new nation in the Pacific Northwest, resort- an expensive car or driving through affluent ing to polygamy, gun trafficking, armed rob- BASKETBALL COACHES SUE TEXAS CITY, neighborhoods. bery, bombings and murder to carry out POLICE OVER DETAINMENT Penn, who says he was a target of profiling their plan. (By Sonja Barisic) in Trumbull three years ago, also wants po- The defense, which claims Kehoe and Lee lice departments to set up a system to deal NORFOLK, VA (AP)—A women’s basketball are not dangerous racists, was scheduled to with complaints about profiling. If they coach, her husband and an assistant coach begin its case today. don’t, he wants the towns to be fined. Defense lawyers decided to delay opening have filed a $30 million lawsuit alleging ra- Complaints that Trumbull police have ille- statements until after the prosecution rest- cial bias after being detained by police in gally targeted black and Hispanic motorists ed, which it did last Tuesday after Cheyne Lubbock, Texas. have prompted an FBI probe. Kehoe, Kehoe’s younger brother, testified to The lawsuit filed Monday contends that The investigation follows complaints from what he said Chevie told him about he and the city and its police engaged in racially minority drivers and a memo by police Chief Lee murdering an Arkansas family three discriminatory behavior when they stopped Theodore Ambrosini suggesting officers years ago. Hampton University coach Patricia Bibbs, watch for people who don’t fit into the com- Federal prosecutors and defense lawyers her husband, Ezell, and assistant coach munity. haven’t been able to discuss the case because Vanetta Kelso on Nov. 16. of a gag order. But during a hearing, Lee’s All three, who are black, have said they be- MAYOR OPPOSES DESEGREGATION PROGRAM lawyer, Cathleen Compton, argued that the lieve race played a role in how they were government had little physical evidence to treated when police detained them during an MILWAUKEE (AP)—Racial guidelines in a connect the men to the crimes or show that investigation of an alleged scam. court-approved desegregation plan for the The suit also says police violated their they were part of any grand conspiracy. Milwaukee School District ought to be aban- ‘‘I think, without any disrespect to the constitutional rights of due process, equal doned, Mayor John O. Norquist said. court or anyone else, if these boys were in protection and protection from unreasonable The Chapter 220 program was adopted in charge of conspiring to overthrow the gov- and illegal arrests, searches and seizures. the 1970s by the district in response to a fed- ‘‘The city of Lubbock and its police depart- ernment, we’re all safe,’’ Compton said. eral lawsuit to bus black children to subur- Prosecutors called more than 150 witnesses ment have known and tolerated . . . the se- ban districts. Hundreds of Milwaukee white and wheeled in shoulder-high stacks of ex- lection and retention of police officers who children are ineligible for the state-sub- hibits. They are seeking the death penalty. have exhibited racist attitudes toward Afri- sidized transportation. In the indictment, Chevie Kehoe and Lee can-Americans and other minorities,’’ the The lack of opportunity for white children are accused of the January 1996 robbery and lawsuit said. encourages their families to move to the sub- deaths of Mueller, his wife, Nancy Mueller, Tony Privett, a spokesman for the city of urbs, Norquist said Monday, recalling he op- and her 8-year-old daughter Sarah Powell. Lubbock, would not comment. posed the Chapter 220 plan when the Legisla- Other crimes mentioned in the indictment The Bibbses and Kelso were detained out- ture adopted it while he was a state senator. include a 1996 bombing of the Spokane, side a Lubbock Wal-Mart by officers respond- ‘‘I don’t think there should be any racial Wash., City Hall; a 1997 Ohio shootout with ing to a customer’s complaint that someone quotas,’’ he said. Some members of the police that was videotaped and broadcast na- tried to scam her. The three were handcuffed newly elected Milwaukee school board pro- tionally; and the slayings of two associates. and held for several hours. pose ending the racial guidelines. Gov. The three were suspected of trying a ‘‘pi- Tommy Thompson recommends the Legisla- geon drop,’’ where a thief claims to have ture reduce the funding available to districts FOUR MEN PLEAD GUILTY TO CROSS BURNING found a purse with cash in it and persuades that participate in Chapter 220. EMREDON the victim to put up money for a lawyer so School administrators and the National ALEXANDRIA, LA. (AP)—Four men pleaded they can both lay claim to the cash—and Association for the Advancement of Colored guilty Monday to setting crosses afire in then disappears with the victim’s money. People favor preserving the program. E1130 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 More than 5,100 Milwaukee minority chil- ated licensees. To ensure speedy service to granted a license, each applicant shall pay to dren attend suburban schools under the pro- cellular customers, the FCC would have 90 the Commission the fee established pursuant gram this year while 540 suburban whites at- days from date of enactment to award perma- to subsection (c) of this section for the li- tend Milwaukee schools. cense granted to the applicant under sub- nent licenses, and if any company failed to f section (a). comply with FCC requirements the FCC would (e) AUCTION AUTHORITY.—If, after the H.R. 1817: RURAL CELLULAR auction the license. The licenses would be amendment of an application pursuant to LEGISLATION subject to a 5-year transfer restriction, and the section 1(a)(2) of this Act, the Commission Minnesota and Florida licenses would be sub- finds that the applicant is ineligible for ject to accelerated build-out requirements. grant of a license to provide cellular radio- telephone services for a rural service area or HON. BENJAMIN A. GILMAN H.R. 1817 OF NEW YORK the applicant does not meet the require- Be it enacted by the Senate and House of Rep- ments under subsection (b) of this section, IN THE HOUSE OF REPRESENTATIVES resentatives of the United States of America in the Commission shall grant the license for Thursday, May 27, 1999 Congress assembled, which the applicant is the tentative selectee Mr. GILMAN. Mr. Speaker, today I'm intro- SECTION 1. REINSTATEMENT OF APPLICANTS AS (pursuant to section 1(a)(1)) by competitive TENTATIVE SELECTEES. bidding pursuant to section 309(j) of the ducing H.R. 1817, legislation to improve cel- (a) IN GENERAL.—Notwithstanding the Communications Act of 1934 (47 U.S.C. 309(j)). lular telephone service in three rural areas lo- order of the Federal Communications Com- SEC. 3. PROHIBITION OF TRANSFER. cated in Pennsylvania, Minnesota, and Florida. mission in the proceeding described in sub- During the 5-year period that begins on the Joining me as cosponsors are Representa- section (c), the Commission shall— date that an applicant is granted any license tives CAROLYN MALONEY and ANNA ESHOO. (1) reinstate each applicant as a tentative pursuant to section 1, the Commission may Most rural areas of this country have two selectee under the covered rural service area not authorize the transfer or assignment of licensing proceeding; and cellular licensees competing to provide quality that license under section 310 of the Commu- (2) permit each applicant to amend its ap- nications Act of 1934 (47 U.S.C. 310). Nothing service over their respective service territories. plication, to the extent necessary to update Competition between two licensees improves in this Act may be construed to prohibit any factual information and to comply with the applicant granted a license pursuant to sec- service for businesses, governments, and pri- rules of the Commission, at any time before tion 1 from contracting with other licensees vate users, at the same time, improves re- the Commission’s final licensing action in to improve cellular telephone service. sponse times for emergency services. the covered rural service area licensing pro- ceeding. SEC. 4. DEFINITIONS. Unfortunately, three rural service areas in For the purposes of this Act, the following (b) EXEMPTION FROM PETITIONS TO DENY.— Pennsylvania, Minnesota, and Florida do not For purposes of the amended applications definitions shall apply: enjoy the benefit of this competition. The filed pursuant to subsection (a)(2), the provi- (1) APPLICANT.—The term ‘‘applicant’’ Pennsylvania rural service area has only one sions of section 309(d)(1) of the Communica- means— (A) Great Western Cellular Partners, a cellular operator. The Minnesota rural service tions Act of 1934 (47 U.S.C. 309(d)(1)) shall not California general partnership chosen by the area and the Florida rural service area each apply. Commission as tentative selectee for RSA have two operators, but one of the operators (c) PROCEEDING.—The proceeding described in this subsection is the proceeding of the #492 on May 4, 1989; in each area is operating under a temporary li- (B) Monroe Telephone Services L.P., a Commission In re Applications of Cellwave cense and thus lacks the incentive to optimize Delaware limited partnership chosen by the Telephone Services L.P., Futurewave Gen- Commission as tentative selectee for RSA service. The reason for this lack of competition eral Partners L.P., and Great Western Cel- #370 on August 24, 1989 (formerly Cellwave is that in 1992 the FCC disqualified three part- lular Partners, 7 FCC Rcd No. 19 (1992). nerships that had won the licenses, after find- Telephone Services L.P.); and SEC. 2. CONTINUATION OF LICENSE PRO- (C) FutureWave General Partners L.P., a ing that they had not complied with its ``letter- CEEDING; FEE ASSESSMENT. Delaware limited partnership chosen by the (a) AWARD OF LICENSES.—The Commission perfect'' application rule under the foreign Commission as tentative selectee for RSA shall award licenses under the covered rural ownership restrictions of the Communications #615 on May 25, 1990. service area licensing proceeding within 90 Act of 1934. Significantly, the FCC has al- (2) COMMISSION.—The term ‘‘Commission’’ lowed other similarly situated licensees to cor- days after the date of the enactment of this means the Federal Communications Com- Act. mission. rect their applications and, moreover, Con- (b) SERVICE REQUIREMENTS.—The Commis- (3) COVERED RURAL SERVICE AREA LICENSING gress repealed the relevant foreign ownership sion shall provide that, as a condition of an restrictions in the Telecommunications Act of PROCEEDING.—The term ‘‘covered rural serv- applicant receiving a license pursuant to a ice area licensing proceeding’’ mean the pro- 1996. covered rural service area licensing pro- ceeding of the Commission for the grant of In the 105th Congress, former Representa- ceeding, the applicant shall provide cellular cellular radiotelephone licenses for rural tive Joe McDade, joined by Representative radio-telephone service to subscribers in ac- service areas #492 (Minnesota 11), #370 (Flor- ANNA ESHOO and former Representative Scott cordance with sections 22.946 and 22.947 of the ida 11), and #615 (Pennsylvania 4). Commission’s rules (47 CFR 22.946, 22.947); ex- Klug, introduced H.R. 2901 to address this (4) TENTATIVE SELECTEE.—The term ‘‘ten- cept that the time period applicable under problem. In September 1998, the Tele- tative selectee’’ means a party that has been section 22.947 of the Commission’s rules (or selected by the Commission under a licens- communications Subcommittee of the Com- any successor rule) to the applicants identi- merce Committee held a hearing on FCC ing proceeding for grant of a license, but has fied in subparagraphs (A) and (B) of section not yet been granted the license because the spectrum management that included testimony 4(1) shall be 3 years rather than 5 years and Commission has not yet determined whether on and discussion of H.R. 2901. Later that the waiver authority of the Commission the party is qualified under the Commis- month, the full Commerce Committee incor- shall apply to such 3-year period. sion’s rules for grant of the license. porated a modified version of H.R. 2901 into (c) CALCULATION OF LICENSE FEE.— (1) FEE REQUIRED.—The Commission shall f H.R. 3888, the Anti-Slamming bill. In October establish a fee for each of the licenses under 1998, the House approved H.R. 3888, incor- the covered rural service area licensing pro- HONORING ROSE ANN VUICH porating a further modified version of H.R. ceeding. In determining the amount of the 2901, by voice vote on suspension (CONGRES- fee, the Commission shall consider— HON. GEORGE RADANOVICH (A) the average price paid per price paid SIONAL RECORD, Oct. 12, 1998, H10606± OF CALIFORNIA per person served in the Commission’s Cel- H10615). Unfortunately, the bill died in the IN THE HOUSE OF REPRESENTATIVES Senate in the last few days prior to adjourn- lular Unserved Auction (Auction No. 12); and (B) the settlement payments required to be Thursday, May 27, 1999 ment for reasons unrelated to the rural cellular paid by the permittees pursuant to the con- provision. sent decree set forth in the Commission’s Mr. RADANOVICH. Mr. Speaker, I rise H.R. 1817 is based on the rural cellular pro- order, In re the Tellesis Partners (7 FCC Rcd today to introduce a brief biography on Sen- vision contained in H.R. 3888, as approved by 3168 (1992)), multiplying such payments by ator Rose Ann Vuich, who, for her ethical the House. The legislation would direct the two. leadership, has been honored with an award FCC to allow the partnerships denied licenses (2) NOTICE OF FEE.—Within 30 days after in her namesake. The Rose Ann Vuich Ethical to serve the Pennsylvania, Minnesota, and the date an applicant files the amended ap- Leadership Award is designed to increase eth- Florida rural service areas to resubmit their plication permitted by section 1(a)(2), the ical sensitivity, raise expectations for behavior Commission shall notify each applicant of application consistent with FCC rules and pro- the fee established for the license associated and acknowledge personal integrity. The first cedures. The partnerships would pay fees to with its application. recipient of the award was Fresno County Su- the FCC consistent with previous FCC auc- (d) PAYMENT FOR LICENSES.—No later than pervisor Sharon Levy. This year's recipient is tions and settlements with other similarly situ- 18 months after the date that an applicant is Lindsay Mayor Valeriano Saucedo. CONGRESSIONAL RECORD — Extensions of Remarks E1131 Rose Ann Vuich was the daughter of immi- implemented and become second nature to District of Colorado. Started by Loren Maxey grant parents who grew up on a farm in rural the American people. Today anyone can dial in 1969, Maxey Companies will celebrate their Tulare County. She became a small-town ac- 911 in any type of emergency, such as sick- thirtieth anniversary this June. countant and went on to the California State ness, fire, police, or ambulance and a police- When Maxey Companies was started thirty Senate as the first woman ever to serve in man on duty will immediately summon the years ago it was comprised of one division. that body. Although at first she was reluctant help needed. Although there are no specific Today Carl Maxey, Loren's son, and his wife to run for the office, she eventually (in her own figures available, it is clear the 911 service Marla have expanded the company to four di- words) ``tore into that campaign and cam- has saved countless lives across the country. visions. This expansion took twelve years of paigned from morning till night, in my own This impressive accomplishment all began in labor which I believe mirrors the work ethic of grass-roots, down-to-earth way * * *'' Rose the city of Haleyville which is in the Fourth Colorado's 4th District. Ann won the primary by only 242 votes and Congressional District of Alabama. As a life- Today Maxey Companies' four divisions faced an uphill battle in the run-off. Despite long resident of the city of Haleyville, I am manufacture, equip, distribute and sell trailers, comments from political pros that said she proud of this achievement and pay tribute to truck bodies, truck equipment and snow re- didn't have a chance, she kept moving forward this accomplishment which is something we moval equipment. Mr. Speaker, on June 4th, in a very simple and effective campaign and can all support. 1999, Maxey Companies will officially open eventually won the election by more than f the doors to an expansion of Max-Air Trailer 2,600 votes in 1976. Sales, 9715 Brighton Road, Brighton, Colo- Rose Ann's first election was the last hard- HONORING ROBERT ROGERS’ UPON rado. fought election she would face. She so handily HIS RETIREMENT FROM THE On a personal note Mr. Speaker, I have beat her challengers in 1980 and 1984 that EWING MARION KAUFFMAN known the Maxey family for many years and nobody ran against her in 1988. Had she cho- FOUNDATION am proud to count them among the best of my sen to run in 1992, it's likely she would have friends. The Maxeys are known widely as a run unopposed again. HON. KAREN McCARTHY family dedicated to their community. The reason she became progressively more OF MISSOURI The Maxeys are always there for their unbeatable came not only out of the deep IN THE HOUSE OF REPRESENTATIVES friends, neighbors and associates. I know of roots and wide networks she had in her home Thursday, May 27, 1999 no family that outpaces the Maxeys when it comes to volunteerism and leadership. Loren, district, but because she served in public of- Ms. McCARTHY of Missouri. Mr. Speaker, I fice in exactly the way she promised she for example, has punctuated his community rise today to honor Robert ``Bob'' Rogers upon dedication by distinguished service on the Fort would. his retirement from the position of Chairman of In 1992, after a 16-year career as one of Collins City Council. Carl, has emerged as the Board of the Ewing Marion Kauffman one of Fort Collins' most respected business the most respected and esteemed legislators Foundation, which he has held since 1993. in California history, Senator Vuich retired leaders. Fortunately, Mr. Rogers will continue to serve Kathy Maxey, and Marla Maxey have accu- from office and returned to her home, here in as the Chairman Emeritus on the Board and the Valley. mulated countless hours of volunteer time too, pursue his involvement in civic and community serving area youth and those suffering mental Rose Ann Vuich was more than honest. She service at a national level. I know his valuable was a person of extremely high integrity who illness and developmental disabilities. work will continue as he serves on the boards As a strong close-knit family, the Maxeys took her public responsibilities very seriously of the Independent Sector, the Council on and believed in giving the voter, the con- are the finest example of real America. The Foundations, America's Promise, the Alliance loving bond of the Maxey family is their trade- stituent, what they deserve: fair, ethical con- for Youth, American College Testing, and the sideration of issues and conscientious, cost-ef- mark. A model for all, the Maxeys inspire Corporation for National Service. those who know them through their honesty, fective delivery of service. During his tenure as Chairman of the Board In addendum to her biography, I would be hard work, generosity, kindness, and peity. for the Ewing Marion Kauffman Foundation, I hereby commend the examply of the remiss if I failed to recognize Rose Ann for the Mr. Rogers was instrumental in the develop- Maxeys to my colleagues in Congress and sa- recent dedication to her of the Rose Ann ment of the strategic direction of both Founda- lute this brilliant Colorado Family upon their Vuich Interchange. The Interchange, which tion operating divisions: Youth Development great success. links three major Fresno freeways, was named and the Kauffman Center for Entrepreneurial The entire Maxey family, their business, em- after the lawmaker who got it built. Vuich Leadership. Under his guidance, these two di- ployees, and their collective good works are made the completion of Freeway 41 the cen- visions have effectively impacted youth devel- truly among Colorado's greatest assets. terpiece of her 1976 election campaign. Her opment and entrepreneurial causes. f vision has finally been realized. Before his career with Ewing Marion Mr. Speaker, it is with great pleasure that I Kauffman, Mr. Rogers had a distinguished ca- IN RECOGNITION OF ELMER LEE recognize Rose Ann Vuich, a woman of vision reer in the private sector, working for Coopers CHANEY ON THE OCCASION OF and integrity. I urge my colleagues to join me and Lybrand, TWA, Waddell and Reed, and HIS RETIREMENT FROM JACK- in wishing her a bright future, and many years Gateway Sporting Goods. This experiences, SONVILLE STATE UNIVERSITY of continued success. as well as his personal life experiences have f allowed him to shape and guide the Ewing HON. BOB RILEY CONGRATULATING THE CITY OF Marion Kauffman Foundation to a position as OF ALABAMA HALEYVILLE, ALABAMA AS THE an effective leader of youth development pro- IN THE HOUSE OF REPRESENTATIVES HOME OF 911 gramming and entrepreneurship training into Thursday, May 27, 1999 the new millennium. Mr. RILEY. Mr. Speaker, I rise today to rec- Mr. Rogers is an inspiration to meÐhis ognize Elmer Lee Chaney, Professor of Edu- HON. ROBERT B. ADERHOLT dedication and commitment to public service cational Psychology and Educational Re- OF ALABAMA serves as example to all of us who work to sources at Jacksonville State University, Jack- IN THE HOUSE OF REPRESENTATIVES make our constituents lives better. Please join sonville, Alabama, on the occasion of his re- me in thanking him for his service to our com- Thursday, May 27, 1999 tirement from the university after 37 years. Mr. ADERHOLT. Mr. Speaker, I would like munity and the nation, Mr. Speaker. Elmer Chaney came to Jacksonville State to pay tribute to the City of Haleyville, Ala- f University from North Carolina where he at- bama as it holds the annual 911/Heritage Fes- A TRIBUTE TO THE MAXEY tained his Bachelor of Arts degree from Elon tival in June of each year. On Friday February FAMILY College and his Masters of Education and 16, 1968 the Speaker of the Alabama House, Guidance degree from the University of North Rankin Fite dialed 911 in Haleyville Mayor HON. BOB SCHAFFER Carolina. He was also certified as a Licensed Guidance Counselor in North Carolina. He James Whitt's office and Congressman Tom OF COLORADO Bevill picked up the receiver in the Haleyville started his teaching career as a teacher of IN THE HOUSE OF REPRESENTATIVES Police Station resulting in America's first emer- English and French at Bethany High School gency dial telephone service. Thursday, May 27, 1999 and Wadesboro High School in North Carolina Since that first call in 1968, the overall plan Mr. SCHAFFER. Mr. Speaker, I rise today and was honored as Teacher of the Year at to establish this service nationwide has been to pay tribute to the Maxey Family in the 4th Bethany High School in 1958. E1132 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 Elmer Chaney began his college teaching INTRODUCTION OF THE FEDERAL worsen and the royalties the taxpayers receive career at Jacksonville State University in 1962 OIL AND GAS LEASE MANAGE- for such production will decline as well. Our oil as Assistant Professor of Educational Psy- MENT IMPROVEMENT ACT OF patch states have shown the way this year by chology. In addition to his duties as a pro- 1999 passing numerous severance tax reductions fessor, he has served on and chaired a num- and other legislation designed to keep produc- tion on-stream and the workers associated ber of committees at the university including HON. BARBARA CUBIN with that production paying taxes. The Federal screening committees for educational faculty OF WYOMING IN THE HOUSE OF REPRESENTATIVES Oil and Gas Lease Management Improvement members, the Committees for Educational Re- Act of 1999 is a small step in that direction by Thursday, May 27, 1999 sources, the Off Campus Commuter College the federal government, and I urge its adop- Committee, and the Assessment Committee. Mrs. CUBIN. Mr. Speaker, production of oil tion. Elmer Chaney has also been involved in and gas from our public lands is fast becom- f ing a rarity. Today I am introducing a bill, to- community activities. He has always been a gether with Rep. JOE SKEEN of New Mexico, INTRODUCTION OF THE ANES- fundraiser for Big Brothers and Big Sisters, but which we trust will stem this decline, and en- THESIA OUTCOMES STUDY ACT his greatest contribution to the community is courage investment in federal mineral leases. OF 1999 his love of the reed organ. Mr. Chaney is an We call it the Federal Oil and Gas Lease Man- accomplished organist and carilloneur at the agement Improvement Act of 1999. Senator HON. FORTNEY PETE STARK Church of St. Michael and All Angeles in An- MURKOWSKI has already introduced a com- OF CALIFORNIA niston, Alabama. He is a member of the Reed panion bill in the other body. IN THE HOUSE OF REPRESENTATIVES Organ Society and owns a number of out- The ``oil patch'' in the United States is in Thursday, May 27, 1999 standing instruments. tough shape. Consumers blissfully enjoyed record low gasoline prices until very recently, Mr. STARK. Mr. Speaker, I rise today with Elmer Chaney has been a vital part of Jack- but producers have suffered immeasurably several of my colleagues from the Ways and sonville State University. His presence at the from the diminished proceeds they have re- Means CommitteeÐRepresentative MATSUI, university is felt in so many ways. I salute him ceived for their crude oil for many, many Representative LEWIS (GA), Representative for his dedication to his students, to Jackson- months. Even the recent slow climb back to THURMAN, and Representative BECERRAÐto ville State University and to the field of Edu- semi-respectable oil and gas prices in the last introduce the Anesthesia Outcomes Study Act cation. few weeks has turned back down again in the of 1999. last week of trading. Our bill, is will provide When the Health Care Financing Adminis- f some incentives to federal oil and gas lessees tration issued regulations to remove a Federal to ``stay the course'' when prices drop below requirement of physician supervision of nurse JOHN F. BARRETT: BOYS HOPE/ $18 per barrel, or $2.30 per million BTU's for anesthetists and instead leave that decision GIRLS HOPE HEART OF GOLD natural gas. Furthermore, our bill says to pro- up to State rules, it threw a technical, medical AWARD RECIPIENT ducers ``you know better than the government debate into the realm of Congress. what your make or break price threshold is, so I have absolutely no idea who is right or if low prices are sustained your lease terms wrong on the issue or whether there is a qual- HON. ROB PORTMAN are suspended, at your option, not the Sec- ity difference with or without physician super- retary of the Interior's.'' vision. Yet, we are being asked to choose OF OHIO But, Mr. Speaker, its not just producers who sides and advocate for the nurse anesthetists IN THE HOUSE OF REPRESENTATIVES are being squeezed by today's global oil price or for the anesthesiologists on this matter. I environment. So are the oil patch states for am very uncomfortable with Congress making Thursday, May 27, 1999 which their share of federal mineral receipts decisions about which type of health profes- Mr. PORTMAN. Mr. Speaker, I rise to rec- are critical in meeting budget priorities. For sional should provide which type of service. many public land states, these receipts are ognize the contributions of John Barrett, a My colleagues and I advocate that this issue dedicated to education trust funds, yet since be resolved on a scientific, rather than polit- friend, distinguished constituent and commu- 1991 these states have had to ``share'' in the ical, basis. For that reason, we are introducing nity leader who will receive Cincinnati's Boys burden of the federal government's costs to the Anesthesia Outcomes Study Act of 1999. Hope/Girls Hope's highest honor the Heart of administer the Mineral Leasing Act before re- This bill calls for the Secretary of HHS to con- Gold Award, on June 1, 1999. ceiving their half of the remaining revenue. My duct a study of mortality and adverse outcome As a member of the Board of Boys Hope/ home state of Wyoming has had over seven rates of Medicare patients by providers of an- Girls Hope in Cincinnati, John Barrett has million dollars annually taken from the receipts esthesia services. In conducting such a study, given countless hours of his personal time to flowing into its Treasury because of this law. the Secretary is to take into account the su- And, these states, until now have had no op- further the organization's important mission of pervision, or lack of physician supervision, on tion to take over the federal government's re- such mortality and adverse outcome rates. helping vulnerable young people in our area. sponsibilities and perform the same tasks This report is due to the Congress no later Boys Hope/Girls Hope works to overcome the more cost effectively. than June 30, 2000. obstacles of poverty, abuse and neglect and That will change with the Federal Oil and Once again, our intent with this legislation is provide a structured, caring educational expe- Gas Lease Management Improvement Act. absolutely neutral. We are not medical experts rience for those deserving students through This bill offers states the opportunity to take and we do not know whether physician super- high school and college. John's enthusiasm over post-lease issuance duties from the fed- vision is a factor in the provision of anesthesia for this organization is contagious and he has eral Bureau of Land Management and allow services. This study will provide us with the been instrumental in attracting others in the the state's oil and gas conservation commis- facts that are lacking today so that the final business community to this most worthy sion to perform those functions on federal decision on this matter is a medically appro- cause. leases within their borders, if they so choose. priate decision. Congress should not take ac- As an incentive to take over the fed program, tion without that data. John Barrett believes in giving back to his thereby saving federal budget outlays, volun- f community and he is particularly committed to teering states would no longer have to share improving the lives of the young people in our in the federal administrative burden which un- HONORING EMMA BUCK area. In addition to the tremendous work he fairly diminishes their school funds. does for Boys Hope/Girls Hope, he serves on Mr. Speaker, I urge my colleagues from HON. JERRY F. COSTELLO the boards of the Children's Hospital, the Dan other public land states to cosponsor this leg- OF ILLINOIS Beard Council/Boy Scouts of America, and the islation and work with me toward its passage. IN THE HOUSE OF REPRESENTATIVES This bill seeks the balance necessary to keep Greater Cincinnati Scholarship Association. a domestic oil and gas industry working to ex- Thursday, May 27, 1999 All of us in Greater Cincinnati owe John a plore and develop our public mineral re- Mr. COSTELLO. Mr. Speaker, I rise today to debt of gratitude and congratulate him on re- sources. Without such balance, the long term ask my colleagues to join me in honoring ceiving the Heart of Gold Award. decline in domestic production will continue to Emma Buck, who recently celebrated her 95th CONGRESSIONAL RECORD — Extensions of Remarks E1133 birthday at her farm in my congressional dis- Elks are second to the Federal Government in with San Diego during his four years of mili- trict. providing scholarships to students pursuing a tary service with the United States Navy and To visit Miss Buck's farm and the stories college education. returned with his wife, the former Yvonne Ar- that it bears, is also a visit to a quiet memory During times of national crisis such as nat- nold of Newnan, Georgia, a graduate of of the early American experience. This farm, a ural disasters or the bombing of the Federal Spelman College. Dr. Carey and his wife are virtual self-contained world, is both the founda- building in Oklahoma, the Elks are among the the parents of two adult children who are tion and legacy of a woman for whom com- first to respond with offers of help both in themselves graduates of Morehouse and plete self-sufficiency is essential to survival. manpower and money to communities and Spelman. Her family's story begins as many American their families. One would think that his service to the com- families do. It starts with her great-grand- Proud of its patriotism, the order is the first munity through his work at the Neighborhood parents, young and hopeful pioneers, who left to come to the defense of its nation and flag. House would fill his days. But Dr. Carey's their Native Germany aboard a ship with hun- From building and staffing the first V.A. Hos- service extends to leadership and participation dreds of other immigrants to America. Across pital in the United States, to helping to restore in many community organizations and local the Mississippi River her maternal grand- the Statue of Liberty, Elks continue to guide activities. He is Chairman of the Board of parents, the Henkes, and her paternal great- America forward. Neighborhood National Bank, a San Diego grandparents, the Bucks, both settled in neigh- Mr. Speaker, I rise today to congratulate based community bank which spurs develop- boring communities in rural, southern Illinois. and pay tribute to the Fresno Elks Lodge #439 ment in inner city neighborhoods. He was a Rather than fading to lore, as the heritage of on occasion of its 100th year of continued founding member of Union Bank of California's many families do, Emma Buck embraced and service. I urge my colleagues to join me in Community Advisory Board to advise bank sustained the life that her great-grandparents wishing the Fresno Elks Lodge continued suc- managers on the financial needs of low in- began in Monroe County. She still lives in the cess in their quest to uphold and improve the come and under-served communities. log cabin that her grandfather built. She still American community. He has held policy-making and advisory po- works in the farm that has provided so much f sitions at the Neighborhood Development for her family's sustenance for so long. This is Bank, San Diego Unified School District, not a farm transformed by the power of mod- TRIBUTE TO DR. HOWARD CAREY: United Way, the Minority Relations Committee, ern technology; rather it is one that honors the A GOOD NEIGHBOR the Black Leadership Council, former San rudimentary tools of the past. Diego Mayor Maureen O'Connor's Black Advi- Miss Buck remains the sole curator of this HON. BOB FILNER sory Committee, a Congressional Black Affairs farm, which was named a national landmark of OF CALIFORNIA Subcommittee, the Black-Jewish Dialogue, the our nation. As she has for over 90 years, in IN THE HOUSE OF REPRESENTATIVES National Conference of Christians and Jews, accordance with the methodical teaching of Thursday, May 27, 1999 the Coalition for Equity, and San Diego Coun- her father and grandfather, Emma rises each ty's Child Care Task Force. morning to the tasks at hand. She fixes the Mr. FILNER. Mr. Speaker and colleagues, I Professionally, he has contributed as a Pro- split-rail fences, she weeds the gardens, she rise today to recognize the 30th anniversary of fessor at San Diego State University, as Lec- prunes the trees. Farming has since been left Dr. Howard Carey's commitment to the Neigh- turer at the University of California, San Diego to interested neighbors, but the fields, the borhood House Association and to his role as (UCSD) and at National University of San tools, and the dedication of her ancestors re- President and Chief Executive Officer since Diego, and as Instructor for Wooster College main in the Buck Farm's name. 1972. Dr. Carey brings more than 35 years of in Ohio and at San Diego City College. As the 20th Century ends and the beginning experience in the field of social work, from His further professional associations include of the new millennium approaches, Emma both administrative and program perspectives, charter membership in LEAD, the National As- Buck reminds us of our nation's heritage. The to this leadership position. sociation of Social Workers, the National As- advances in technology made each day con- Serving more than 300,000 San Diego resi- sociation of Black Social Workers, founding tinue to fortify our nation's capabilities, but it is dents, Neighborhood House is one of the larg- member of the San Diego Chapter of Alpha Pi the individual life stories of simplicity and com- est non-profit organizations in San Diego, a Phi Fraternity, Sigma Pi Phi Fraternity, Alpha plete fulfillment, in which our future genera- multi-purpose social welfare agency whose Kappa Delta, Morehouse College Alumni As- tions may find inspiration. goal is to improve the quality of life of the peo- sociation (San Diego Chapter), San Diego Mr. Speaker, I ask my colleagues to join me ple served. Since Dr. Carey assumed leader- Dialogue, and the National Conference of So- in honoring Emma Buck, and in doing so hon- ship, Neighborhood House has grown from a cial Welfare. oring our nation's history. budget of $400,000 and a staff of 35 to the As impressive as this list is, it does not do f current budget of $50 million with 800 employ- justice to Dr. Carey. It is his passion for serv- ees. ice that leads him into these activities. He TRIBUTE TO FRESNO ELKS LODGE Its multitude of services to strengthen fami- knows that extraordinary measures are some- #439 lies and to assist them in becoming self-suffi- times needed to strengthen communities and cient include not only the two for which it is families, and he is willing to go that extra mile. HON. GEORGE RADANOVICH best knownÐHead Start which reaches 6500 Because Dr. Carey and the work of Neigh- OF CALIFORNIA preschoolers in 70 centers and its Food Bank borhood House reaches deep into the hearts IN THE HOUSE OF REPRESENTATIVES Program which collects and distributes 12 mil- and minds of his neighbors and changes lives, lion pounds of food annuallyÐbut also hous- Thursday, May 27, 1999 his contributions to the community are far- ing, counseling, adult day-care centers, emer- reaching, long lasting and immeasurable. I sin- Mr. RADANOVICH. Mr. Speaker, I rise gency food and shelter, an inner city youth-en- cerely appreciate this opportunity to honor Dr. today to pay tribute to the Fresno Elks Lodge richment program, employment training serv- Carey and his many contributions to San as they continue in their 100th year of service. ices, health services for the mentally ill and el- Diego during the past three decades. The Fresno Elks Lodge was founded May 12, derly, and a senior citizen service center. f 1898, and has remained true to the mission of Dr. Carey's mottoÐbeing a good neighborÐ the ``Benevolent and Protective Order of Elks,'' is emulated by the extended family of employ- PERSONAL EXPLANATION dedicated to responsible and charitable inter- ees at Neighborhood House and reaches from action in their communities, and the preserva- the Mexican border to the northern reaches of HON. RUBE´N HINOJOSA tion of American heritage. San Diego County. His legacy is one of excel- OF TEXAS Maintaining its emphasis on charity, justice, lence. A professional in the best sense of this IN THE HOUSE OF REPRESENTATIVES brotherly love, and fidelity, the order provides word, he is a man of honor, strength, and de- millions of dollars in charitable goods and termination. He is dedicated to service and to Thursday, May 27, 1999 services. It services disabled children through making life better for his neighbors who are in Mr. HINOJOSA. Mr. Speaker, on Tuesday, the Elks Major Project by offering scholarships need. May 25, I had the pleasure of hosting Presi- and in-home therapies. It provides active Dr. Carey is a native of Lexington, Mis- dent Clinton and Vice-President GORE in my youth programs, veterans assistance pro- sissippi, a graduate of Atlanta's Morehouse congressional district. This resulted in my grams, community service programs, drug College, and holds graduate degrees from At- missing several votes. Had I been present I abuse awareness education and alternative lanta University and United States Inter- would have voted as follows: activity programs for inner-city youth. Also, the national University. He became enchanted S. 249, ``yea.'' E1134 CONGRESSIONAL RECORD — Extensions of Remarks May 27, 1999 H.R. 1833, ``yea.'' sailors at NAS Oceana, but was awarded the Following his retirement, Mr. Posedel will H. Res. 178 ``yea.'' Best Military Air Show in North America for continue to serve Local 343 as a Trustee of Rollcall vote No. 152, ``no.'' 1998 by the International Councl of Air Shows. the Trust Fund. Rollcall vote No. 153, ``no.'' This is a true win-win scenario which has Mr. Speaker, because of Joseph F. Rollcall vote No. 154, ``no.'' brought recognition to not only the base, but Posedel's long and devoted service to Local Rollcall vote No. 155, ``no.'' to the community at large. 343 of the Plumbers and Steamfitters Union, it Rollcall vote No. 156, ``no.'' Captain Benson has personally conducted is fitting and proper to honor him today for his Rollcall vote No. 157, ``no.'' hundreds of community presentations fostering accomplishments, and to wish him well in his f the best base-community relationships within retirement. the Hampton Roads region. He has been f TRIBUTE TO CAPTAIN STEPHEN lauded by both the Mayor of the City of Vir- ERIC BENSON OF THE UNITED ginia Beach and myself for his efforts in work- THIRD ANNIVERSARY OF TAI- STATES NAVY ing with the local political groups and busi- WANESE PRESIDENT LEE IN OF- nesses for the betterment of all concerned. FICE HON. OWEN B. PICKETT Under his charge, Naval Air Station Oceana OF VIRGINIA has won two consecutive Environmental HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES Awards in 1998 and 1999 for efforts to main- OF NEW YORK Thursday, May 27, 1999 tain the environment on this installation. From IN THE HOUSE OF REPRESENTATIVES these efforts, to rapid response teams for fuel Mr. PICKETT. Mr. Speaker, I rise today to spills, to responses to Environmental Protec- Thursday, May 27, 1999 pay tribute to Captain Stephen Eric Benson, tion Agency (EPA) inquiries, NAS Oceana has Mr. GILMAN. Mr. Speaker, permit me to Commanding Officer of Naval Air Station been praised on all fronts. take this opportunity to convey to Taiwanese Oceana, who has served in the United States Captain Benson is an active member of the President Lee Teng-hui, on the eve of his third Navy for twenty-five years of faithful duty to Hampton Roads Rotary and the City of Vir- anniversary in office, our best wishes and con- his country. ginia Beach Neptune Festival Committee, fur- gratulations. Taiwan is very fortunate to have For the past three years, Captain Benson ther enhancing the cooperation and commu- Dr. Lee as its President. has served as the Commanding Officer of nity leadership between the base and the pub- A man of vision, President Lee supports the Naval Air Station Oceana Virginia Beach, Vir- lic at large. reunion of Taiwan and mainland China ac- ginia located in my congressional district. Dur- A totally dedicated professional, Captain cording to the principles of democracy, free- ing his tenure as Commanding Officer, Cap- Benson has set a superior personal example dom, and the equitable distribution of wealth. tain Benson has distinguished himself by his of all military leaders to emulate. His many During his tenure in office, he has made every exceptional efforts to establish and improve contributions will continue to be felt for many effort to resume the cross Strait dialogue and upon the relationship between the community years to come in the Hampton Roads area. to maintain peace and security in the Taiwan and the Naval Air Station. It is a testimony to Because of his outstanding and distinguished Strait. these efforts that as he leaves his post in record of accomplishments, his tenacious ef- Accordingly, I invite my colleagues to join in June of this year, the relationship between the forts to keep the local community informed extending congratulations and best wishes to base and the City of Virginia Beach is one of and his outgoing personality, Captain Benson President Lee and we look forward to his con- the best in the nation. is truly worthy of recognition. We will surely tinuing accomplishments in the coming years. The tenacious efforts of Captain Benson to miss him at Oceana Naval Air Station. f enhance the cooperation with the surrounding f community and his goal of serving as a ``good INTRODUCTION OF THE TEACHER neighbor'' has not only helped the Navy IN RECOGNITION OF JOSEPH EMPOWERMENT ACT achieve its mission, but also has made a di- POSEDEL rect contribution to the goals of the City of Vir- HON. HOWARD P. ‘‘BUCK’’ McKEON ginia Beach. His open communication policy HON. MIKE THOMPSON OF CALIFORNIA OF CALIFORNIA with both the Mayor of Virginia Beach and with IN THE HOUSE OF REPRESENTATIVES the local congressional delegation has been IN THE HOUSE OF REPRESENTATIVES Thursday, May 27, 1999 exemplary and productive for all concerned. Thursday, May 27, 1999 Captain Benson has worked tirelessly to im- Mr. THOMPSON of California. Mr. Speaker, Mr. MCKEON. Mr. Speaker, today I am join- prove the quality of life for the sailors sta- I am pleased today to recognize Joseph F. ing with the distinguished Chairman of the tioned under his command. New living quar- Posedel who is retiring as Business Manager Committee on Education and the Workforce, ters and recreational improvements have been of Plumbers and Steamfitters Local 343 under Mr. GOODLING, Mr. CASTLE, the Speaker of the either built or have been funded. With the as- the United Association of Journeymen and Ap- House, the Majority Leader, Mr. WATTS, Mr. sistance of congressional leadership, local po- prentices of the Plumbing and Pipefitting In- BLUNT, Ms. PRYCE, and other distinguished litical leaders and businesses, a new Barracks dustry. Members of the House to introduce the for enlisted personnel and a new recreational In his 36 years with the union, Mr. Posedel Teacher Empowerment Act. This legislation facility have either been funded or are near has worked to create a solid foundation for will make a significant and positive impact on completion as he executes his next assign- Local 343. how we prepare our Nation's teaching force by ment. He joined the union in 1963 as a building providing States and local school districts with Captain Benson has overseen the move- trades apprentice. He became a trustee for needed funding for the provision of high qual- ment of ten F/A±18 squadrons and their fami- the Trust Fund in 1970. Subsequently, he ity teacher training and for the hiring of new lies to Naval Air Station Oceana from Naval served as Vice President, President, Business teachers, where necessary. Air Station Cecil Field, Florida. A total of one Agent and Apprenticeship Coordinator for the In the development of the Teacher Em- hundred fifty-six aircraft and nearly nine thou- union. In January 1996 he assumed the im- powerment Act, we have made every effort to sand personnel and dependents have made portant leadership position of Business Man- put together a bill that is in the best interests the transition to their new home in Virginia ager. of children, parents, and teachers. We have Beach with minimum impact to operations and As Business Manager, Mr. Posedel suc- also tried to include the best elements of family members. cessfully negotiated an improved wage pack- teacher training proposals from the Governors, Again enhancing community relations, he age, including health, welfare, and pension the Administration, and different Members of has developed and nurtured the local Military benefits, for union members. Congress, on a bipartisan basis. I hope that Air show into a community affair, aligned with Mr. Posedel is a native of the San Francisco by the time this legislation is considered by the City of Virginia Beach's Neptune Festival. Bay area. He grew up in Rodeo and attended the full House, we will have a bipartisan pro- This event, once known as the NAS Oceana St. Mary's High School, graduating in 1955. posal that will vastly expand training opportu- Air Show is now known as the Neptune Fes- He also attended St. Mary's College in the nities for our Nation's teachers and increase tival Air Show. The show has been not only same community. the achievement of all of our Nation's stu- profitable to the Military Welfare and Recre- He and his wife, Patricia, have been married dents. I intend to work closely with Mr. Mar- ation Fund which has a direct impact on the for 39 years. They have three children and six tinez, the Ranking Democrat Member on the improvement of quality of life issues for the grandchildren. Subcommittee on Postsecondary Education, CONGRESSIONAL RECORD — Extensions of Remarks E1135 Training and Life-long Learning, and others, In fact, schools would be required to use a Throughout its first century, this University on a bipartisan basis, to bring this bill to the portion of their funds for hiring teachers to re- has led the way in providing accessible higher floor of the House as rapidly as possible. duce class size. However, unlike the Presi- education for California's residents, promoting We believe that parents and other taxpayers dent's program, no set amount is required for excellence in teaching and learning, embrac- have the right to information about student the hiring of new teachers. Schools will be al- ing diversity, and creating community partner- achievement and the quality of the teachers in lowed to determine the right balance between ships that enrich the cultural and economic life their schools. Our bill holds schools account- quality teachers and reducing class size. of the Bay Area, while strengthening the edu- able for raising student academic achieve- Schools will also be allowed to hire special cational experience of our students. ment, and we ensure that parents know the education teachers with these funds. quality of their children's teachers. All of these are feasible in our legislation, San Francisco State University should be We encourage intensive, long-term teacher because we don't try to tell schools what the commended for its many achievements includ- training programs, focused on the subject mat- approach should be. We don't want to impose ing, making global headlines for discovering ter taught by the teacher. We know that this any one system that every school must follow new planets outside our solar system; estab- works. If localities are unable to provide such in order to upgrade the quality of its teachers. lishing the nation's first College of Ethnic Stud- professional development, teachers will be That won't work, because one size does not fit ies; creating the only academic research facil- given the choice to select their own high qual- all. ity on the San Francisco Bay; building one of ity teacher training programs. For the first The Teacher Empowerment Act is good, the nation's top two Conservation Genetics time, we're giving teachers a choice in how balanced legislation. It provides the flexibility Laboratories; creating the largest multimedia they upgrade their skills. Our Teacher Oppor- that States and local school districts need to studies program in the country; and housing tunity Payments will empower individual teach- improve the quality of their teaching force with nationally recognized biology, creative writing ers, or groups of teachers, to choose the train- two goals in mind: increases in student and journalism programs. achievement; and increases in the knowledge ing methods that best meets their classroom SFSU should be proud of the linkages that needs. of teachers in the subjects they teach. I en- courage all of my colleagues in the House to its programs and quality faculty have built for The Teacher Empowerment Act maintains sustained community involvement and partner- an important focus on math and science, as support this important legislation as we work ship throughout its history. SFSU serves as a under current law, but the legislation expands to improve our nation's schools. national model of a community-engaged urban teacher training beyond just the subjects of f campus, housing more than 100 centers, insti- math and science. The legislation ensures that SAN FRANCISCO STATE tutes and other special programs and projects teachers will be provided with training of the UNIVERSITY’S CENTENNIAL YEAR addressing such varied issues as the health of highest quality in all of the core academic sub- the San Francisco Bay; K±12 student math jects. By combining the funding of several current HON. NANCY PELOSI skills; and small business success and Federal education programs, the Teacher Em- OF CALIFORNIA science skills for inner city youth throughout powerment Act provides over $2 billion annu- IN THE HOUSE OF REPRESENTATIVES the state. The University has also sustained ally over the next five years to give States, Thursday, May 27, 1999 collaborative partnerships throughout San Francisco and the Bay Area, including the Va- and more importantly local school districts, the Ms. PELOSI. Mr. Speaker, I rise today to flexibility they need to improve both teacher lencia Health Clinic, Step to College, Commu- congratulate San Francisco State University nity Science Workshops for California, the quality and student performance. This legisla- and to celebrate the 100th anniversary of its Vistiacion Valley Community Service Center, tion also encourages innovation in how founding. It has grown from a teacher training the Muir Alternative Teacher Education pro- schools improve the quality of their teachers. school in 1899 with a student body of 31, to gram, and the Community Outreach Partner- Some localities may choose to pursue tenure its status today as a racially and ethnically di- ship Center. reform or merit-based performance plans. Oth- verse, major urban university serving more ers may want to try differential and bonus pay than 27,000 students. While San Francisco San Francisco State is truly a model institu- for teachers qualified to teach subjects in high State University was founded on March 22, tion, making significant contributions in the demand. Still others may want to explore alter- this year graduation will be held on May 29. Bay Area and beyond. They deserve to be native routes to certification. As SFSU graduates its 100th class, I'd like to congratulated for all their successes during the The Teacher Empowerment Act continues recognize their contributions during the last last 100 years and we wish them the best for to support local initiatives to reduce class size. century. the next century.