23400 EXTENSIONS OF REMARKS September 9, 1988 EXTENSIONS OF REMARKS TRIBUTE TO OHIO'S GREAT others-Diamond Oaks, Laurel Oaks and tling a diesel engine. They look up. One of OAKS VOCATIONAL EDUCA- Live Oaks-and here they practice vocation them, who seems to be in charge, says TION PROGRAM al education with a vengeance. "Good morning" and they all return to Jail. The awful dark, sooty place of old work. "That's the foreman for the day," ex brick with greasy antiquated machines and plains Tom Wyatt, the Scarlet Oaks princi HON. BOB McEWEN dank halls. That has long been the image of pal. "They take turns. It's important that OF OHIO the trade school. "If you don't shape up," they know from the start what it's like. IN THE HOUSE OF REPRESENTATIVES the mythological schoolmaster's voice in They won't be foremen right away once tones, "you're going to go to... .'' Right. Friday, September 9, 1988 they're out in the real world, but they'll do The vocational school. The place for dead better work if they know what a foreman's Mr. McEWEN. Mr. Speaker, vocational edu enders. problems are firsthand.'' cation has a rich heritage in our Nation, and There has been an opposite way of think Wyatt goes on to explain that the school ing about vocational education, of course. we are proud of the many achievements and During the Lincoln Administration, the receives many visitors, often people from accomplishments of Ohio's vocational educa United States Government made a powerful local business and industry. "There are two tion program. commitment to the idea, establishing the things about that," he says. "When these In the May 1988 issue of the Smithsonian land-grant colleges-the A & Ms . It was evident plenty of distractions wherever they are system was recognized for its unique program then that for the country to succeed, it working. We want them to get used to would need a lot of people with a working people coming and going. That's why all and impressive education record. Under the these learning areas and labs are wide open. able leadership of Great Oaks District superin understanding of new technologies. And there has long been a federal role as well as And also, we keep telling them that any tendent, Dr. Harold Carr, the students and a state and local one in providing technical stranger walking around here might be a teachers of this school system have compiled education for those who seemed destined to future employer. You don't want to be goof an exemplary record of success. Great Oaks go into trades rather than completing an ing off if the guy standing there might see attracts dedicated instructors, and motivates academic high school or college career. Nev you next across an employment desk.'' and encourages their students to use their in ertheless, vocational education has general THE VISITOR HIRED A STUDENT ON THE SPOT dividual gifts and talents to their maximum po ly taken a backseat in education budgets and in the dreams of parents for upwardly On one occasion, Wyatt says, a General tential. Motors dealer walked through and stopped Mr. Speaker, it is my privilege to share this mobile offspring. "In some parts of the academy," said Wil to watch an auto-repair class for a while. article with my colleagues in the Congress be liam Bennett, U.S. Secretary of Education, Then he picked out one student, a senior, cause it vividly illustrates the benefits afforded to the members of the American Vocational hired him on the spot, and spent $10,000 of by Great Oaks Vocational Education to stu Association in 1985, "there is sometimes his company's money to send him off for ad dents and communities throughout Ohio. condescension, sometimes a patronizing atti vanced training in computer diagnostics. THERE'S NEVER A DULL MOMENT WHERE tude, toward those who know how to do That, one realizes, is the subtle mind con TEENS LEARN A TRADE-OHIO'S GREAT OAKS things." But not at Great Oaks. Here's trol at work. VOCATIONAL SYSTEM HAS COME UP WITH AN Angie again, a year and a half into studying Outside the cafeteria, on an easel, is a ASTUTE MIXTURE OF ACADEMICS, TRAINING business management and marketing: "I de large, red sign announcing the "Emperor of AND PERSONAL SUPPORT-AND IT WORKS. cided to buy a new car. So I went down to the Month.'' It is the Bonnie Lynn Bakery, e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. September 9, 1988 EXTENSIONS OF REMARKS 23401 vocational ed. In 1975 he become superin- change," a week or so of work in their field trate if they're into fighting with their tendent. , to keep them in touch with the real world. moms and their boyfriends.'' On some days "In those days," he says, "vocational edu "For my last industry exchange I chose she goes in keyed up to do a fantastic job of cation was the plague around here. We the hair salon at Saks Fifth Avenue in Cin teaching, and then someone comes in with a needed the cooperation of industry, but we cinnati," says Mary Williams, who has been problem that has to be dealt with. "I have a simply had to prove ourselves before we teaching cosmetology at Scarlet Oaks since good feel for my students," says Williams; "I could ask them for any help." With an 1973. "It's a high-tech, high-fashion place; know when something is going on with annual levy called millage Kansas City and Rain, I would finally like to point out that Sports Hall of Fame. These individuals, select the New York Yankees under such great man GEORGE BusH says he will ask Congress for ed from an application list of more than 160 agers as Casey Stengel and Joe McCarthy; legislation to reduce acid rain pollution by mil applicants, were chosen by a committee com Gene "Shaker" Shaskas, of Wilkes-Barre, the lions of tons annually by the end of this centu prised of community leaders and area sports boy wonder of bowling who excelled against ry. He said, "The waiting period for action on enthusiasts, and will later be considered for the best of the Pro Bowling Tour throughout acid rain is over, and l-as President-will be full induction into the Pennsylvania Sports Hall his long career; Clem Stralka, of Glen Lyon, ready to move." Will my friends on the other of Fame. These new inductees exemplify the an outstanding football player who started his side of the aisle-particularly those in the best spirit of sports accomplishment in Lu career at New High School and ended it with Committee on Energy and Commerce-be zerne County, and I would like to take this op the Washington Redskins in 1942; John Hop ready to move with us? portunity to name the new inductees, their kins, of Pittston, an athlete who made his HOUSE OF REPRESENTATIVES, hometowns and the talent they contributed to mark as a championship coach; Lou Toma sports in the Wyoming Valley: Washington, DC, September 8, 1988. setti, of Old Forge, who went on to be a pro DEAR MR. VICE PRESIDENT: Your Michigan Neilson Andrews, of Kingston, an outstand fessional football player with the Pittsburgh speech expressing your intention to protect ing all-around athlete that went on to play for Stealers, the Philadelphia Eagles, and the Buf the U.S. and global environment was simply the St. Louis Cardinals and the New York falo Bills; in 1949, during Yankee Stadium's ''dynamite.'' Giants; Lou "Allen" Brominski, of Swoyers "Lou Tomasetti Day," he scored three touch Historians will write that America's com ville, a local football and baseball legend who downs for the Bills; and Tony Baldoni, of mitment to environmental conservation, played semipro baseball-with Wilkes-Barre Wilkes-Barre, a professional boxer who com begun under the Republican administration Barons; Agnes Hushelpeck Defazio, of piled a record of 48-13-2, including 31 wins of Theodore Roosevelt, was given new Duryea, All-American basketball player best energy and direction on August 31, 1988, by knockout; in 1982, he was inducted into when the next President of the United remembered for scoring an amazing 67 points the Maryland Boxing Hall of Fame. in one game; Rocco English, of Wilkes-Barre, States pledged to integrate environmental Mr. Speaker, I am proud to share with my considerations into all U.S. policy decisions. a local high school athlete who took his base colleagues the accomplishments of the athlet From the global problems of clean air and ball and basketball skills to Holy Cross, later ic stars of Luzerne County, PA. We can all water, to local concerns like waste disposal became athletics director at King's College; certainly benefit from the examples of excel and outdoor recreation, you have offered a Tom Kelly, of Duryea, high School basketball lence and dedication shown by this year's in broad and caring vision, specific policy pro notable who later became coach of Duryea ductees into the Luzerne County Sports Hall posals, and the experienced, inclusive lead High School; Joe Gries, of Dallas, a radio and of Fame. ership that can get the job done. television sportscater who broadcast hundreds For this, your fellow partisans and all of high school, college, and pro sporting Americans thank you. events, including the Super Bowl; Stanley GEORGE BUSH ON THE Sincerely yours, ENVIRONMENT Sherwood Boehlert, Bob Lagomarsino, "Packy Rodgers" Harzinski, of Swoyersville, a Bob Walker, Marge Roukema, Pat high school and college legend who went on Roberts, Nancy L. Johnson, Guy V. to become a starter for the Brooklyn Dodgers; HON. SHERWOOD L. BOEHLERT Molinari, Tom Tauke, George Wort Thomas E. Heffernan, of Wilkes-Barre, former OF NEW YORK ley, Denny Smith, Dan Schaefer, Fred owner/publisher of the Sunday Independent IN THE HOUSE OF REPRESENTATIVES Upton, Jim Courter, Bill Schuette, who was know for his pioneering efforts in the Steve Gunderson, Bill Dannemeyer, field of sports promotion; George "Nippy" Friday, September 9, 1988 Ron Marlenee, Lynn Martin, John G. Nowakowski of Pittston, the only athlete in Mr. BOEHLERT. Mr. Speaker, I have lis Rowland, Tom Ridge, Ray McGrath, Pittston High School history who lettered in tened with pleasure this week as several of Robert K. Doman, Carl Pursell, Gene Taylor, Paul B. baseball and football his freshman year, went my colleagues spoke to the House concerning Henry, Larry Combest, Guy Vander on to pitch for the New York Yankees minor Vice President BusH's recent statements on Jagt, Andy Ireland, Bill Goodling, league system; Frank "Red" Pendergast, of environmental protection. I want to add my Cass Ballenger, Arlen Stangeland, Bill Wilkes-Barre, championship coach of Cough voice to the chorus of those who are saying, Gradison, Bob Whittaker, Dick lin-then Wilkes-Barre-High School from "right on." Armey, Connie Morella, Tom Lewis, 1922-46; John Melius, of Hanover Township, In Seattle before a business group, on the Vin Weber, Christopher Shays, Jim a high school football powerhouse who went beaches of New Jersey, at Boston Harbor and McCrery, Bob Smith , Joe Skeen, Hamilton Chicago Bears in 1942 before retiring from the EPA, Superfund, acid rain, parks, wetlands, Fish, Jr., Steve Bartlett, Curt Weldon, Baltimore Colts in 1949; Dennis "Dinny" oceans, and the global environment. I can Pat Saiki, Jack Buechner, Jim Light Noonan, of Plymouth, known for his expertise assure you the Vice President will continue to foot, Howard Coble, E. Clay Shaw, as a sports official, went on to officiate for 18 emphasize the needs of the environment in John Edward Porter, Silvio Conte, Jim seasons at the University of Pennsylvania his campaign. Sensenbrenner, Don Ritter, Doug Be State Championships and the 1976 Summer That's good news. And while the Governor reuter, Olympia Snowe, Alex McMil Olympics in Montreal; Vince "Lefty" Stu of Massachusetts may talk about "election lan, David O'B. Martin, kowski, of Swoyersville, a throwing ace who year conversions," I've had the privilege of Duncan Hunter, James Saxton, D. went on to become a starting pitcher for the knowing GEORGE BusH for many years. When French Slaughter, Jr., Bill Frenzel, Frank R. Wolf, Bill Lowery, Judd Cleveland Indians before entering the military BusH says he is an environmentalist, you can Gregg, Wally Herger, John Paul Ham in 1943; James Martin, of Wilkes-Barre, an believe him. The Vice President stands in the merschmidt, Manuel Lujan, Jr., eighth-degree black belt who went on to cap tradition of Teddy Roosevelt, who told us we Chalmers Wylie, Toby Roth, Mike ture many karate awards, including region 1O's must leave our children a natural heritage im Bilirakis, James H. Quillen, James Black-Belt of the Year, a tow-time bronze proved, not impaired. Inhofe, Tom Petri, Sid Morrison, September 9, 1988 EXTENSIONS OF REMARKS 23405 Helen D. Bentley, Chris Smith, Matt The life of the Highway Trust Fund must of each state on the basis of motor vehicle Rinaldo, Robert Davis, be extended periodically by Congress since registrations and state motor fuel tax collec Bill Green, Hank Brown, AI McCandless, it is not enacted permanently. The 1956 tion data. Highway users in some states pay Jerry Solomon, Dean Gallo, Ben Highway Revenue Act set an expiration more in user taxes than they receive back in Gilman, Frank Horton, Newt Ging date of 1971 which has been extended sever federal-aid highway apportionments. In an rich, Mickey Edwards, Barbara Vucan al times by subsequent legislation. Highway effort to compensate for this, a minimum al ovich, John Miller, Fred Grandy, user taxes dedicated to the fund and ex location provision in Title 23 <23 U.S.C 157) Carlos Moorhead, Dan Lungren, penditures from the fund are now scheduled guarantees that a state's percentage of total Norman F. Lent, Dennis Hastert, Don to terminate on September 30, 1993 was a turning point in later model year. Under the Byrd Amendment, as modified by transportation history. It was the most im COLLECTION the 1982 Act, unpaid authorizations at the end of the fiscal year in ways a half-century ago. The Federal-Aid trust fund are not collected by the federal which the apportionment is to be made Highway Act did not provide funds for fi government directly from the consumer. must be less than the revenues anticipated nancing but was paired with the Highway They are instead paid to the Internal Reve to be earned in the following 24-month Revenue Act of 1956. It completely changed nue Service by the producer or im period. For example, at the close of fiscal the official philosophy of financing the fed porter of the taxable product. Exceptions year 1987 the Secretary of the Treasury eral share of highway costs. The previous are diesel and special fuels taxes which are must determine whether the sum of the bal attitude had been the federal excise taxes paid by the retailer or consumer, the tax on ance of the trust fund as of September 30, on motor vehicles, motor fuel or other prod trucks and trailers which is paid by the re 1987, plus the anticipated revenues in fiscal ucts closely associated with highway com tailer, and the federal use tax which is paid years 1988, 1989, and 1990, will be greater merce were general revenues. They were in by the heavy vehicle owner. than the sum of the authorizations for no way associated with federal aid for high Tabulations showing taxes paid into the fiscal 1988 and the authorizations appor ways and the authorized federal aid funds trust fund by states are estimates of what is tioned, but not paid, as of September 30, were appropriated from general treasury paid by users in those states and do not 1987. If there will be a shortfall in funds, funds. In other words, cash to liquidate pre mean that the taxes were actually collected then all trust funded program apportion viously incurred obligations for the federal in the States. As a point of interest, because ments for that fiscal year will be reduced aid highway program came from the general of the home office locations of major pro proportionately Texas; most of the tax on As stated before, the trust fund exists to the primary and secondary systems, author tires is paid in Ohio; and most of the new support the federal-aid highway program ized significant funding of the Interstate motor vehicle tax payments come from plus the new transit capital assistance from System, and established the Highway Trust Michigan. Therefore, the existing nine-cent the Mass Transit Account. Even though the Fund as a mechanism for financing the ac federal gasoline tax charged at the pump is program does for· the most part have con celerated highway program. In order to fi in effect a reimbursement for taxes already tract authority, the cash to reimburse the nance the increased authorizations, the paid. states for the federal share of project costs Revenue Act increased some of the existing Since there is considerable interest in the still must be released from the trust fund by user taxes, established new ones, and pro amount of contributions to the trust fund an appropriations act. In other words, the vided that the revenues from most of these made by each state, estimates are made of federal government does not have the abili user fees be credited to the trust fund. the amount of taxes paid by the consumers ty to pay the states without an appropria- 23406 EXTENSIONS OF REMARKS September 9, 1988 tion of cash from the trust fund. Any thorized levels are then made for adminis suited in the Naval Academy flourishing during amounts that have been appropriated but tration of the program and for urban trans his tenure. not used during the year can be carried over portation planning, the total normally During his time at the Academy he has di for use in the next fiscal year. Conversely, amounting to less than 3 percent of the au as noted before, supplemental appropria thorization. rected the most comprehensive changes in tions are enacted when insufficient amounts The remaining amounts are then appor more than 30 years in the Military Perform were appropriated in the annual DOT Ap tioned or allocated among the states. Appor ance System. This has led to more clearly de propriations Act. tionments and allocations are considered fining the standards of superior accomplish Provisions have been made in several "new obligation authority" and, when added ment we've come to expect from our midship recent laws for several exemptions from to the unobligated balances of previous ap man. His unwavering commitment to excel highway user fees. Exemptions currently in portionments and allocations, constitutes lence has dramatically improved the level of effect are shown in the following table: the total amount of obligation authority performance, morale, and most importantly available to the states. It must be remem FEDERAL FUEL TAX EXEMPTION bered that what is made available is not the quality of officers which are being provid money but authority to incur obligations: a ed to the fleet Tax type Rate "line of credit." A state does not receive this Rear Admiral Marryott has also made cur authority in one lump sum, but in some 20 riculum review a high priority during his 2 Gasoline (90 percent gasoline, I0 6 cents. or more different funding categories, each years at the Academy. He was responsible for percent ethanal) . Neat ethanol/methanol (at least 85 with a defined purpose and set of conditions the first internal review of curriculum in more and rules for using the funds for spe cause of the nature of a reimbursable pro cific highway projects, subject to the avail gram like the federal-aid highway program, ability of apportionments and allocations there will always be cash in the fund that is IN RECOGNITION OF REAR ADM. and to any limitations on obligations which JAMES B. WHITTAKER, SUPPLY not needed for immediate use. As discussed may have been imposed for that fiscal year. earlier, this cash is invested in federal secu Limitations regulate the rate of obligations CORPS, U.S. NAVY rities. It is important to understand that by imposing a maximum amount of total au this is not excess cash, but will be needed to thority which can be committed during a reimburse the states as vouchers are submit HON. NICHOLAS MAVROULES given fiscal year. Federal approval of each OF MASSACHUSETTS ted. request is a contractual agreement to pay Although there was a cash balance of over the state the federal share of work complet IN THE HOUSE OF REPRESENTATIVES $9 billion at the close of fiscal 1986, there ed on that project. Friday, September 9, 1988 were also, at the same time, unpaid commit Once the funds are obligated and a ments against the trust may be made to the states for completed to take this opportunity to honor and recog fund totaling about $29 billion. Therefore, work. This liquidating cash is appropriated nize Rear Adm. James B. Whittaker, Supply the $9 billion balance is not excess cash. annually by Congress and is derived from Corps, U.S. Navy. If highway revenues were to have stopped revenues accruing to the Highway Trust On September 13, Rear Admiral Whittaker completely at the close of fiscal 1986, the Fund. will retire after 31 years of outstanding service debts would exceed the cash on hand by to the Navy and the Nation. A distinguished essential in understanding how to meet professional, he is credited with delivering the about $20 billion. Since the highway pro future transportation needs and attempts to gram functions as a reimbursable program, use these funds for federal budget deficit re Navy logistics system into the age of modern with cash outlays following obligations at a duction. information systems. later date, this situation is quite proper. The Rear Admiral Whittaker led the Navy's Revenue Act did not state that obligations supply organization from an environment of should not exceed the balance in the fund, REAR ADM. RONALD F. problematic inventory management to that of but that they should not exceed the antici MARRYOTT pated amounts that could be liquidated high inventory accuracy, stringent accountabil from trust fund revenues at a future date, ity, and increased productivity. He also con i.e., when vouchers are submitted for pay HON. C. THOMAS McMILLEN ceived, developed, and institutionalized an in ment. OF MARYLAND tegrated corporation management system From fiscal 1987 through the life of the IN THE HOUSE OF REPRESENTATIVES throughout the Naval Supply Systems Com trust fund, it is estimated that about $100 mand. The face of Navy logistics has been billion in revenue will be raised for high Friday, September 9, 1988 permanently improved as a result of his exem ways. Mr. McMILLEN of Maryland. Mr. Speaker, it plary efforts. SUMMARY is my honor and privilege to bring to your at In the past several years, Rear Admiral The preceding traces the flow of fiscal au tention a distinguished member of the military Whittaker, who is equally expert in the fields thority for the federal-aid highway program who is finishing his tour of duty in my district I from authorization through reimbursement. of Federal acquisition and contracting, has In capsule form, the cycle can be considered refer to Rear Adm. Ronald F. Marryott who personally participated in some 40 congres to begin with the authorizing legislation. will soon complete his tour as superintendent sionally sponsored procurement seminars and, These Acts set the upper limits on liabilities of the U.S. Naval Academy in Annapolis, MD. in this capacity, has been of great assistance the federal government can incur for feder During his 2 year tour he has provided the to me, many of my colleagues, and thousands al-aid highways. Deductions from the au- unique and superlative leadership that has re- of our constituents. September 9, 1988 EXTENSIONS OF REMARKS 23407 A man of Rear Admiral Whittaker's talent fined benefit plan reversions has found its way entitlements. The Resolution has been and integrity is rare indeed and, while his hon into the Senate Technical Corrections Act. prompted by a perceived need to take action orable service will be genuinely missed, it To better educate Members of Congress on to provide employees with more generous this issue, the American Society of Pension pension entitlements, particularly in situa gives me great pleasure today to recognize tions where, for one reason or another, the him before my colleagues and to wish him Actuaries and the Small Business Council of fund created to pay those benefits contains "fair winds and following seas" as he brings America prepared a paper explaining the dan assets in excess of the aggregate entitle to a close a long and distinguished career in gers of the Senate's resolution. At this time, I ments of plan participants. Inherent in this the U.S. naval service. would like to submit this paper for the Country's private pension system is the de RECORD and urge my colleagues to give it the termination by each employer to the extent serious attention it deserves. to which it chooses, on a voluntary basis, to TRIBUTE TO HASAN EL-KHATIB STATEMENT ON PROPOSED INCREASE IN EXCISE adopt a retirement system for its employees. TAX ON DEFINED BENEFIT PLAN REVERSING ERISA then requires that whatever system F'ROM 10 TO 60 PERCENT is adopted by fully and completely commu HON. NICK JOE RAHALL II nicated to employees at least annually and OF WEST VIRGINIA The Sense of the Senate Resolution passed on July 26, 1988 would IN THE HOUSE OF REPRESENTATIVES sonably assure the wherewithal of funds increase the existing 10% excise tax on asset sufficient to provide the benefits promised. Friday, September 9, 1988 reversions from defined benefit plans to 60% through May 1, 1989. The SBCA be Benefits promised, in tum, are essentially Mr. RAHALL. Mr. Speaker, it is with great lieves implementation of this resolution those which are earned on a year-to-year pleasure that I pay tribute to a dear friend of would be both unwise and particularly dis basis, with no expectancy intended regard mine, Hasan EI-Khatib, on the occasion of the advantageous for all concerned for the fol ing future benefits. To mandate a greater lowing reasons: benefit expectancy would encroach upon 20th anniversary of his company, Dena Corp., the very heart of the private pension of Oak Grove, IL. His life story is the embodi 1. The Resolution is diamentrically counter to the whole concept embodied in system-its voluntary nature. ment of the American dream. Born in Pales To a large degree, the competitive market tine he came to this country and built his com defined benefit pension plans. A defined benefit pension plan constitutes a contrac place dictates the level of retirement bene pany into one of the giants of the hair care tual obligation on the part of an employer fits which employers promise their employ products industry. to provide its employees with a stated level ees. There is nothing in the law which compels employers to pro lies not in his business success but in the tre ered service, culminating in a specifically de vide any specified level of retirement bene mendous contribution he has made to his lineated pension entitlement can be relied RETIREMENT SECURITY sion system in this country is, and has upon to produce three very disadvantageous THREATENED always been, voluntary in nature. In the consequences: the purposeful funding of event that an employer decides, for what existing defined benefit plans only to the ever, reason, that it no longer desires to minimal level necessary to avoid underfund HON. JOSEPH J. DioGUARDI sponsor a particular defined benefit pension ing penalties, (b) the termination of many OF NEW YORK plan, the law has always recognized the en existing defined benefit plans, and a vir IN THE HOUSE OF REPRESENTATIVES titlement of such an employer to terminate tual moratorium on the adoption of new de that plan and recover amounts remaining in fined benefit plans. There would, we believe, Friday, September 9, 1988 its supporting trust after all plan partici be little disagreement with the conclusion Mr. DioGUARDI. Mr. Speaker, I rise today pants have been paid the full amount of that these alternatives would be quite detri to bring a very important matter to my col their contractual entitlements pursuant to mental to the well-being of our workforce. the terms of the plan involved. There is no In other words, we believe that the per leagues' attention. Unfortunately, to the detri more logic in concluding that such excess ceived evils of permitting employers to re ment of both American workers and private funds belong to plan participant than there capture funds in excess of those necessary businesses, our Nation's pension laws have is to requiring that amounts remaining in a to provide promised benefits are isolated, become a political pawn for unwarranted Fed bond sinking fund after the bonds have rather than symptomatic, and will produce eral intrusion and lawmaking. Misguided con been paid in full be paid to the bondholders detrimental effects that far outweigh any gressional attempts to overregulate private rather then revert to the obligor that has benefit that may inure to but a minor seg pensions is creating a situation where the re already sufficed its total bond obligation. ment of our overall workforce. tirement security of all working Americans is 2. Denying an employer's right to a rever 3. Congress has repeatedly focused upon sion from a terminated defined benefit plan and legislatively rectified both the abili threatened. that has otherwise sufficed the full extent ty of employers to purposefully overfund The latest threatening action occurred in of participants' contractual entitlements defined benefit pension plans and (b) pro the Senate where a sense of the Senate will not produce the desired result providing vide inadequate benefits for rank-and-file measure calling for increased taxes on de- our workforce with more generous pension employees in comparison to those provided
19-059 0-89-32 (Pt. 16) r·-...-~• . . ..- . -·--~,.... •<
23408 EXTENSIONS OF REMARKS September 9, 1988 for their more highly compensated counter fit pension plan some form of compulsory tee that should have jurisdiction over the parts. These changes were well-conceived enhancement of employee benefits on an legislation, I believe that I was in an excel and will, if this system is not cut out from isolated and haphazard basis is conceptually lent position to affect the legislation. Along under them, produce the benefits contem wrong, unwise, and will be counterproduc with my friend and colleague, Senator plated at the time of their enactment. The tive. LEAHY of Vermont, who also sits on both Tax Reform Act of 1986 . tion. However, because I was able to achieve Faster vesting. IRC Section 411 against any form of Senator DECONCINI, as chairman of the played. moratorium on defined benefit plan rever Senate Judiciary Subcommittee on Patents, I note that during consideration of this sions is proper governmental policy and Copyrights and Trademarks, has the authoriz legislation in the House, a colloquy took should not be changed at this time. ing jurisdiction for this Board and, as a confer place in which it was stated that the Nation 4. This Country's fiscal policy will be ee, he was very much involved in the negotia al Film Preservation Act requires that on better served by encouraging employers to the designated films, labels be placed at restore previously deducted retirement entitlements for this cerned about the inclusion of this provision llU&.ae excepting these normal practices, the Country's workforce. in the Interior appropriations bill. It seems conferees intended to grandfather-in the CONCLUSION obvious to me that the proper forum for standard procedures used to prepare a film Congressional efforts to prevent employ consideration of these issues is the subcom for broadcast television videocassette sale ers from gaining access to excess pension mittees with jurisdiction over copyright in and rental, and cable viewing. Jl'or example, funds .!scribed a.bove. Sufficient funds appears to be based upon interviews with August 22, 1988. are available for this purpose in the account senior members of your staff, and contains Hon. VIc FAZIO, for purchase of electrical energy. I propose inaccurate and misleading information Chairman. to expend the funds as follows: which, if not corrected, conveys an unfair Hon. JERRY LEWIS, 1. Conversion to gas or oil ...... $500,000 characterization of the actions of Congress Ranking Minority Member, Subcommittee in supporting funding for power plant oper on Legislative Branch Appropriations, 2. Design of bag house ...... 400,000 ations. Committee on Appropriations, U.S. We have confirmed with your budget House of Representatives, Washington, Total ...... 900,000 office that the Legislative Branch Appro DC. Thus, no change in current requests for priation bill has consistently, year after DEAR VIc AND JERRY: Your concerns re appropriations appears necessary at this year, provided the funding requested for the garding the Capitol Power Plant, as ex time. We expect to request construction equipment and maintenance necessary to pressed in your recent letter, are quite cor funds for the new bag-house filter in the FY control power plant emissions. Although it rect and valid. The reporter's interpretation 1989 Supplemental or FY 1990 Legislative is true that the Legislative branch appro of Elliott Carroll's remarks was indeed un Branch Appropriations Bill. priation has been constrained due to the fortunate. In fact, the Appropriations Com I apologize for the inadvertent impression limitations imposed by the Congressional mittees have, as you state, furnished, on a that was created by a response to a report Budget Act and last year's economic summit timely basis, all of the funds requested for er'~ questions. In fact, our office did not re agreement, made necessary by the effort to equipment needed in order to meet the EPA ceive the EPA letter until several days after reduce the Federal deficit, the Committee requirements. the reporter called. Apparently EPA saw fit on Appropriations has been very careful to The present condition arises as a result of to notify the press prior to notifying us. The insure that high priority items are provided an earlier and perhaps inadequate engineer response to the reporter should thus have for. Over the years, we have taken that re ing judgment. At the time of the request for simply indicated that when we received the sponsibility very seriously. funding for the bag-house filters, the third letter, we would be pleased to reply. With funding provided in the Legislative coal-fired boiler was used only in emergen In my judgment, to respond to the press bill, the power plant was expanded several cies which seldom occurred, and then only now would simply offer additional opportu years ago. Part of that expansion included for a few days at a time. It was therefore nities for misunderstanding or misinterpre an extensive emission control device, a "bag judged unnecessary to seek funds amount tation on the part of the press and reopen plant." On several occasions we have asked ing to approximately $3 million to provide an issue for which a responsible solution is in public appropriations hearings with the for a bag-house filter for the third boiler well under way. Architect of the Capitol and staff, and on and associated modifications to the oil-fired I suggest therefore that we respond to numerous occasions informally, whether or boilers. We should have foreseen that any EPA, as we are obliged to do, and presume not the power plant met EPA standards. On shut-down of either of the other coal-fired that EPA will inform the press as they have every occasion the response from you and boilers would require full time use of the done in the past. It might also be useful to your staff was that we were in compliance. third boiler, particularly if the oil-fired boil set the record straight by publishing this re We have had no funding requests for this ers were also in repair. Such shut-downs did sponse in the Congressional Record. purpose that have been denied. in fact occur when repairs to the stacks and I shall be pleased to discuss these propos It is regrettable that your staff feels other maintenance was required which thus als further if you deem that desirable; in obliged to complain about how long it takes occasioned the violation of EPA regulations. the meantime we shall proceed as outlined. to ask for money from Congress. We are not In addition, an increase in heat load made Cordially, sure that observation reflects a deficiency in the existing capacity marginal during those GEORGE M. WHITE, FAIA, your own internal process, or the Congres repair periods, thus requiring additional Architect of the Capitol. sional appropriations process. If the former, boilers to be placed in service. you and your staff have ample opportunity I accept full responsibility for this error in to change that situation; if the latter, we judgment. Fortunately, the violations are CONGRESSIONAL CALL TO CON follow the normal and routine constitution not occurring at this time, nor will they al process that has not varied much in over occur unless and until some emergency SCIENCE VIGIL FOR SOVIET 100 years. It is probably true that, because arises. Nevertheless, it is imperative that JEWS of the necessity to deal with the deficit to the possibility of a violation be positively gether with the scrutiny which the Commit prevented. As you know from prior testimo tee must apply to the myriad construction ny, it is our position that we must comply HON. SANDER M. LEVIN and maintenance projects that are present with the law and, indeed, should set an ex OF MICHIGAN ed to us, we act in a calculated and delibera ample for compliance as representative of IN THE HOUSE OF REPRESENTATIVES tive manner. We have insisted upon thor what I know to be the Congress' policy that ough planning and complete analysis in such be done. Friday, September 9, 1988 order to avoid the recurrence of cost over Because the design and construction of a runs that have been encountered in several bag-house filter for boiler #3 will involve a Mr. LEVIN of Michigan. Mr. Speaker, next projects. And we will continue to do so. period of time of approximately three years, week, Jews all over the world will celebrate So, Mr. White, with respect to the allega we intend to convert the boiler to a dual Rosh Hashanah, the Jewish New Year. For tions in the Post story, this is the first time fuel system, i.e., we will immediately begin many Jews in the Soviet Union this has been that this subcommittee has been informed conversion to enable the use of either oil or a year of mixed blessings. Over 200,000 the power plant is in violation of emission natural gas. We intend to utilize gas initially people attended the Freedom Sunday rally for standards, and the first time we have been and will thus be using the cleanest fuel Soviet Jews last December, ensuring that the informed that we have not provided available until such time as the bag-house issue of Jewish emigration remained at the "enough money." filter can be constructed and made oper top of the summit agenda. Since then, over It is also lamentable that the impression is ational at which point we will re-convert to given that we have a double standard for coal. 9,000 Soviet Jews have been allowed to emi the Congress. That is not our intent, nor do Although gas is a more expensive fuel, grate-a significant increase over the number we subscribe to that characterization. since it will not be used on a continual basis allowed to leave last year. While this is en Under the circumstances, we believe you the increased fuel cost should be minimal couraging news, this number is only a fraction should set the record straight with the and, in any event, is necessary in order that of the thousands of Jews who wish to leave. Washington Post, their staff writer, and we meet the regulations on an interim basis. Indeed, no concrete steps have yet been with the Sierra Club. Converting to oil may create some other taken to dismantle the many restrictions on Sincerely, problems with particulate emissions; in emigration. Applicants are still denied permis JERRY LEWIS, other to overcome those, the burning of # 2 Ranking Minority oil might be necessary, the cost of which is sion to leave because of alleged "state se Member, Subcom comparable to gas. It is our intention, there crets" or because a relative refuses to sign a mittee on Legisla fore, to proceed with the better option avail waiver of consent. The arbitrary application of tive Branch. able. the emigration policy adds to the atmosphere September 9, 1988 EXTENSIONS OF REMARKS 23411 of uncertainty surrounding the emigration LEGISLATION TO REQUIRE of information and warnings available to consumers. Public health announcements process. WARNING LABELS ON ALCO HOLIC BEVERAGES are now regular about cardiovascular dis For some, the promise of freedom has been ease and smoking_ Warning labels are ac fulfilled. Long-term refuseniks such as Joseph cepted as modest public health protections HON. JOHN CONYERS, JR. for aspirin, bubble bath, ladders, and a host Begun, Aleksandr Lerner, and Lev Shapiro, as OF MICHIGAN of consumer products. But when it comes well as some very recent applicants have IN THE HOUSE OF REPRESENTATIVES to the more dangerous and costly alcohol, been released and we celebrate their new Friday, September 9, 1988 little if anything is done. found freedom. Leonid, Ludmilla and Kira Vol That's why I had hoped that the alcoholic vosky had been denied permission to leave Mr. CONYERS. Mr. Speaker, as we consid beverage industry would agree to voluntari since 197 4. After many appeals on their er antidrug legislation, we cannot forget that ly label their containers with the health and behalf, Kira was finally allowed to leave earlier alcohol is also a drug capable of destroying safety information consumers need. The al thousands of lives and hurting our society and cohol producers have rejected recommenda this year. I was delighted to learn that her par tions for warning labels from the Food and ents have recently joined her in Israel. For economy. Our efforts to fight the "war on drugs" should include this drug. This year I Drug Administration, from the former First those of us who had been pressing for their have introduced H.R. 4441, a bill requiring al Lady Betty Ford and the White House Con release, these joyful occasions remind us that cohol companies to put five warning labels on ference for a Drug-Free America. our letters, phone calls, press conferences, They reject those recommendations and alcoholic beverage containers. Warning labels this legislation because they argue that our efforts until all are free-free to learn work by educating the public about possible about their culture and heritage, to practice somehow this violates the consumers' risks, and allowing them to make informed de "right-to-know", or that the labels are inef their religion, and free to live where they cisions about whether or not to drink. I am in fective. choose. cluding my testimony of August 10, 1988 For any industry that spends over two bil I would like to call attention to the tragic before the Senate Commerce Subcommittee lion dollars each year glamorizing alcohol to on Consumer Affairs. I am also including a list say that Americans know about the health plight of a little-known family from Moscow, and safety risks of their products is simply Rita and Aleksandr Vinokurov and their chil of national, State and local organizations en dorsing this legislation: inaccurate and self-serving. dren Andrei and Oleg. Andrei, 17, suffers from Enormous evidence shows that Americans progressive muscular dystropy, and yet the TESTIMONY OF CONGRESSMAN JOHN CONYERS, are largely unknowledgeable about the risks JR., ON H.R. 4441 AND S. 2047: LEGISLATION of alcohol and addiction. Evidence also emigration authorities have refused to grant To REQUIRE WARNING LABELS ON ALCOHOL them permission to seek medical treatment in shows that warning labels are the quickest, IC BEVERAGES cheapest and probably most effective means the West. The reason: Aleksandr's father has Mr. Chairman, members of the subcom of imparting the necessary knowledge. refused to sign a written consent for his son mittee, thank you for holding hearings In the 1985 Health Interview Survey con to emigrate even though his "child" is a today on legislation which Senator Strom ducted by the National Center for Health grown man with children of his own. Thurmond and I have introduced to require Statistics, only 57 percent of persons under warning labels on alcoholic beverage con 45 years of age had ever heard of Fetal Al After 10 years of refusal, their hopes were tainers. cohol Syndrome. Traffic related deaths are raised when they were given permission to Alcohol is a drug. The sooner we accept up nearly each year, and surveys show that apply without their parent's permission last this reality, the better we can develop and school aged youth are largely uninformed December. In a cruel, and all too common re implement strategies, such as requiring about the many hazards of abused alcohol, versal, the authorities are again demanding health and safety warnings on all alcoholic and that most do not know alcohol is a beverage containers, and preventing and drug. 4.6 million youths, each year, before parental permission. When Rita tried to apply treating alcohol problems. This year, we they graduate high school experience seri for only herself and her son, she was told she have committed ourselves to fight drugs, ous problems with alcohol abuse. would have to divorce her husband in order to but we are ignoring probably the most Studies have shown that warning labels obtain permission. Almost every day for the costly drug of all in economic and human on products such as cigarettes and aspirin past 4 weeks, Dr. Rita Vinokurov has demon health terms. have been effective in educating the public strated at different government offices de Alcohol-related problems are life threat about risks and in creating serious modifica ening and pervasive. They afflict individuals tions in habits. Per capita consumption of manding an exit visa for her family. She is from all races, socioeconomic and education smoking in the United States started to de often detained for several hours and threat al backgrounds, and religious and political cline in the early 1970s, just after warning ened with repressive actions against herself persuasions. labels were put on cigarette containers. and her family. Over 100,000 Americans die each year In this year when we have declared our re from alcohol-related deaths. Over 25,000 solve in the war against drugs we can surely The Vinokurovs have sacrificed much in deaths occur on highways. Thousands of elevate our public education efforts for the their struggle for freedom. Since applying to children will be born yearly with the only most costly of them. emigrate, Rita has lost her job as a pediatri preventable form of birth defects because of cian and is now working as a manicurist. Alek alcohol abuse. 18 million families are de COALITION FOR HEALTH AND SAFETY WARNINGS ON ALCOHOLIC BEVERAGES sandr, a neurologist, has also been demoted stroyed each year because a member became addicted. Cancers, cirrhosis, hypertension, Adventist Health Network. from his position as head of his department. liver disease also number in the tens of Alcohol and Drug Problems Association. They also endure the pain of watching their thousands due to abuse. The economic costs American Academy of Pediatrics. son suffer from a disease without the proper alone are over $100 billion each year. American Association of Mental Retarda- medical treatment. I cannot understand why For black Americans, who are the regular tion. Dr. Vinokurov's father would endanger his and disproportionate targets of alcohol American Cancer Society. grandson's health in refusing to sign the manufactures, alcohol problems are espe American College of Preventive Medicine. cially serious. Despite an overall lower rate American Council on Alcohol Problems. waiver. It is equally unconscionable that the of drinking in the black community, the dis Alabama Citizens Action Program. Soviet Government is holding the grandson eases are more severe: cirrhosis mortality is Alaska Council on Prevention of Alcohol hostage to such a senseless procedure. twice as common among black men as it is and Drug Abuse. among white men; in some urban areas the Christian Civic Foundation Colorado Alcohol Drug Education. decent manner by granting them permission sumption, among black males 35-44 years United Christian Action . United Methodist Church, General Board cited the important contribution being made by Alcohol Problems Council of Wisconsin. of Church and Society. creation of twin plants throughout the region. American Heart Association. USPIRG. He viewed Hernandez's trip to Costa Rica as American Licensed Practical Nurses Asso a particular opportunity for the two govern ciation. American Liver Foundation. PUERTO RICO SPARKS ments committed to democracy to work to American Medical Society on Alcoholism CARIBBEAN DEVELOPMENT gether for the common good. He described and Other Drug Dependencies . the region. American Medical Association. HON. JAMIE B. FUSTER Quite coincidentally, Prime Minister Edward American Medical Students Association. OF PUERTO RICO Seaga, of Jamaica, also praised Governor American Nurses Association. IN THE HOUSE OF REPRESENTATIVES Hernandez-Col6n and Puerto Rico's contribu American Paralysis Association. American Public Health Association. Friday, September 9, 1988 tion to development in the Caribbean. Recent American Youth Work Center. Mr. FUSTER. Mr. Speaker, I rise today to ly, he said in Kingston: Americans for Democratic Action, Con make my colleagues aware of a remarkable Governor Hernandez-ColOn and his ad sumer Affairs Committee. joint program being undertaken by Puerto ministration have worked tirelessly to Americans for Substance Abuse Preven Rico and other countries in the area designed extend the provisions of the Caribbean tion and Treatment. Basin Economic Recovery Act and the Association for Retarded Citizens of the to support economic development and de United States Tax Information Exchange United States. mocracy in the Caribbean Basin. Agreement to enable Caribbean countries to Association of Junior Leagues. The demonstrable progress and the innova take advantage of the relatively low cost fi Association of Schools of Public Health. tion shown by my island of Puerto Rico, and nancing available in Puerto Rico through Association of Teachers of Preventive by our Governor, Rafael Hernandez-Col6n, is the use of 936 funds. Medicine. an object lesson for us in the Congress when In this exercise I have the privilege of Center for Science in the Public Interest. we again debate the future of the Caribbean working with Governor Hernandez-ColOn in Children's Foundation. Basin Initiative. developing this concept and no commenda Child Welfare League of America. To that end, I would like to share with you tion can be too high for the vision, initiative Christian Life Commission of the South- and drive which he has brought to bear on em Baptist Convention. some thoughts about a meeting that Governor the project. Church of Jesus Christ of Latter Day Hernandez-Col6n and President Oscar Arias Saints. of Costa Rica had in San Jose late last month During his visit to Costa Rica, Governor Coalition for Scenic Beauty. when they inaugurated a new, Puerto Rican Hernandez-Col6n stated: Committee for Children. promoted factory in the Costa Rican capital. Puerto Rico is profoundly committed to Consumer Federation of America. Both Arias and Hernandez-Col6n were in the cause of democracy and peace • • • and Consumers Union. strong agreement that peace in Central Amer is anxious to collaborate in the development Council on Alcohol Policy of the National of the Caribbean Basin, because if there is a Association for Public Health Policy. ica and in the hemisphere depends heavily on war to be fought it is the war against under Doctors Ought to Care. achieving economic progress and eliminating development and injustice. social injustice. Hernandez-Col6n lauded the Drug and Alcohol Nursing Association. At the same time, he warned: International Commission for the Preven- Nobel Peace Prize winner for his work to bring tion of Alcoholism and Drug Dependency. peace to the war-torn region and for "his ef Democracy is vulnerable before the de The Just Say No Foundation. forts to take the dignity, liberty and solidarity spair of the dispossessed and the uncertain Legal Action Center. ty of those who fear losing everything. The that bless Costa Rica to all of Central Amer strenghening of the economic health of the Make Today Count. ica." March of Dimes. State is therefore an indispensible premise Missouri Advisory Council on Alcohol and He added: "The responsibility of all nations for maintaining the civil and social liberties Drug Abuse. in this hemisphere should be eradicating of its citizens. Even more, it is the best Mothers Against Drunk Driving and CAPACITY.-The laws of the State shall pro <7> of subsection with respect to the vide that- ing function. These court advocates would be State shall each be reduced 5 percentage responsible to the judges and work within the "(1) no determination of incapacity shall points for the first two quarters beginning be made at a guardianship hearing unless court system to handle guardianship and con on or after such deadline, and shall be fur the individual who is the subject of the servatorship cases. In addition to advocating ther reduced an additional 5 percentage guardianship petition is present at such on behalf of proposed wards and adjudicated points after each period consisting of two hearing, unless the court determines, on the wards, advocates would be responsible for quarters during which the Secretary deter basis of information provided by a physi periodic monitoring and review of reports re mines the State fails to meet the require cian, social worker, or other person trained lating to the physical and financial well-being ments of paragraph (1) of this subsection, to work with the elderly, the developmen except that- tally disabled, or the mentally retarded of wards. "(A) neither such per centum may be re Guardianship advocates would inform pro no reduction shall be made under right to be present at the hearing or cannot their ability, would make recommendations to this paragraph for any quarter following be present because of physical incapacity; judges, assist with termination proceedings the quarter during which such State meets and and in general, be the eyes and ears of the the requirements of paragraph (1).". "(2) no determination of incapacity shall "(C) DESCRIPTION OF REQUIREMENTS.-Title court system. It is my hope that the success be made at a guardianship hearing on the XIX of the Social Security Act (42 U.S.C. basis of the age of the individual who is the of these demonstration projects will assure 1396 et seq.) is amended by redesignating that, ultimately, such systems are established subject of the guardianship petition but section 1925 as section 1926 and by inserting shall instead be made on the basis of clear in every State to assist wards, guardians, and after section 1924 the following new section: and convincing evidence that such individ judges in their efforts to provide the best pos "REQUIREMENTS FOR STATE GUARDIANSHIP ual is incapable of administering his own af sible care and protection to those in need. LAWS fairs. As we look forward to the work of the next SEc. 1925. IN GENERAL.-For purposes "(d) STANDARDS FOR PERSONNEL INVOLVED Congress on the issues of accessibility and af of sections 1902<52> and 1903(w), a State IN GUARDIANSHIP HEARINGS.-Court person fordability of long-term care, we must also rec has adopted laws relating to guardianship nel in the State involved in guardianship ognize the importance that continued personal which meet the requirements of this section hearings shall be trained to work with the autonomy plays in assuring the health and if the State has adopted laws or issued regu elderly, the developmentally disabled, and lations which include the rights, standards, the mentally retarded, and shall be briefed well-being of our elderly. This legislation will and duties described in subsections (b) on general issues facing such groups, and address the rights of those who are the least through (1) or, in the determination of the shall provide necessary visual aids, inter able to speak for themselves and the most Secretary, which protect individuals in the preters, and other devices in order to assist vulnerable to exploitation. On their behalf, we State as effectively as laws or regulations these individuals during guardianship hear can be silent no longer. which include the rights standards, and ings, and shall make reasonable efforts to . The text of the Guardianship Rights and Re duties described in such subsections. schedule each guardianship hearing at a sponsibilities Act of 1988 follows: "(b) RIGHTS OF INDIVIDUALS SUBJECT TO time and location convenient for the indi H.R. 5275 GUARDIANSHIP PETITIONS.-The laws of the vidual who is the subject of the guardian State shall provide that- ship petition. Be it enacted by the Senate and House of "( 1) each individual in the State who is "(e) EFFECT OF DETERMINATION OF INCAPAC Representatives of the United States of the subject of a guardianship petition shall ITY.-A determination of incapacity in a America in Congress assembled, be provided with an adequate and timely guardianship hearing in the State shall not SECTION 1. SHORT TITLE. notice, in large print and plain language, of be considered prima facie evidence that the This Act may be cited as the "Guardian all pending guardianship proceedings, in individual in question is insane or is unable ship Rights and Responsibilities Act of cluding a copy of the guardianship petition, to function in a non-institutionalized set 1988". a clear description of such proceedings, all ting. SEC. 2. GUARDIANSHIP REQUIREMENTS FOR STATE rights afforded such individual in the course "(f) RIGHTS OF WARDS.-The laws of the MEDICAID PLANS. of such proceedings, and a summary of the State shall provide that- GuARDIANSHIP REQUIREMENTS AS CoN possible consequences of a determination of "( 1) each ward in the State shall, when DITION OF ELIGIBILITY.-Section 1902(a) of incapacity ; pointment of a guardian; and (1) striking "and" at the end of paragraph "(2) a copy of the notice provided under "(2) during the period of guardianship, <50>; paragraph <1) shall be provided to the indi each ward in the State shall be entitled to (2) striking the period at the end of para vidual filing a guardianship petition and to participate in all decisions affecting such graph <51) and inserting"; and"; and the spouse, child, sibling, nearest relative, or ward to the maximum extent possible com <3> by inserting immediately after para custodian of the individual who is the sub mensurate with such ward's functional limi graph <51> the following new paragraph: ject of such guardianship petition; tations, and shall retain all rights not or "(52) not later than 2 years after the date "<3> each individual in the State who is dered by the court to be transferred to the of the enactment of this paragraph, include the subject of a guardianship petition has guardian. assurances that the State has adopted, and the right to counsel who will act as an advo "(g) STANDARDS FOR GUARDIANSHIPS.-Each assumed responsibility for enforcing, laws cate for such individual with respect to such guardianship imposed in the State shall be relating to guardianship which meet the re petition unless such individual knowingly imposed on the ward in the least restrictive quirements of section 1925.". and voluntarily waives such right, and the manner commensurate with the ward's (b) REDUCTION OF PAYMENTS TO STATES FOR court shall appoint counsel for such individ functional limitations. FAILURE TO ADOPT AND ENFORCE CERTAIN ual at public expense if such individual is in "(h) STANDARDS FOR APPOINTMENT OF LAws RELATING TO GUARDIANSHIP.-Section digent or if such individual lacks the capac GuARDIANS.-The laws of the State shall 1903 of the Social Security Act <42 U.S.C. ity to waive the right to counsel; provide that- 1396(b)) is amended by adding at the end "(4) each individual in the State who is "(1) no person may be appointed to serve the following new subsection: the subject of a guardianship petition has as a guardian in the State unless such " In order to receive payments the right to have the question of incapacity person certifies that he has completed, or under paragraphs (2) and <7> of subsec- heard by a jury upon request; and agrees to enroll in and complete, a program 23418 EXTENSIONS OF REMARKS September .9, 1988 of court-supervised training, based upon files and background information on the shall serve as employees of the courts standards developed by the governor of the guardianship; and within the State which conduct guardian State or his designee, in the legal, economic, "(2) upon receiving notice from a court in ship hearings and issue determinations of and psychosocial needs of wards, and a another State that a ward subject to a incapacity and guardianship orders, and guardian shall be removed from his position guardianship order has been moved into the shall provide information and services to as guardian if the court determines that he State, a court in the State shall assume ju wards and to individuals who are the sub has failed to complete such a program; risdiction over such guardianship, and may jects of guardianship petitions, including- "(2) no person who has been convicted of require the guardian to submit a new peti <1 > making reports to the court on individ a felony may be appointed to serve as a tion for guardianship or any other supple uals who are the subjects of guardianship guardian in the State unless the court deter mentary information to enable the court to petitions; mines that an exception to such prohibition exercise such jurisdiction. <2> notifying such individuals of their is appropriate in a particular case; and "(k) COURT REVIEW OF GUARDIANSHIP rights under State guardianship law; "<3> no person may be appointed to serve ORDERs.-Each court in the State which <3 > monitoring wards and guardians and as a guardian in the State unless such issues a guardianship order shall conduct an notifying the court of possible violations of person has filed, and the court conducting annual review of the guardianship to deter State guardianship law; the guardianship hearing has approved, a mine whether the guardian is performing <4> investigating complaints of improper guardianship plan which includes at least a his duties in accordance with the appropri conduct by guardians; description of the ward's proposed living ar ate laws and whether the guardianship (5) providing advice and assistance to rangements, a plan for meeting the ward's should be continued, modified, or terminat guardians in carrying out their guardian financial, medical, and other remedial ed. ships; needs, and provisions for maintaining con "(1) STANDARDS FOR PRIVATE PROFESSIONAL <6> evaluating reports from guardians; tact between the ward and the ward's family GuARDIANs.-Each private professional (7) performing other services to assist the and friends. guardian in the State may operate in the courts in conducting and monitoring guar " (i) DUTIES OF GUARDIANS.-The laws of State only if such guardian is bonded and li dianships; and the State shall provide that- censed or certified in accordance with re <8> investigating and evaluating the move "<1) each guardian in the State shall file quirements consistent with the provisions of ment of wards to new residences. an annual report with the court which this section developed by the governor of (C) ELIGIBILITY.-A State shall be eligible issued the order giving such guardian con the State or his designee. to receive a grant under subsection (a) if it trol over the ward's affairs which includes "(m) DEFINITIONS.-For purposes Of this submits an application to the Secretary at at least a description of the management of section- such time, in such form, and containing the ward's finances during the previous "<1) the term 'guardian' means a person such information and assurances as the Sec year, a physician's report on the health and vested by law with the power and duty of retary may require, including an assurance physical well-being of the ward, and a rec taking care of the person or property of an that the State shall prepare and submit to ommendation of whether the guardianship other 18 years or older who is adjudged in the Secretary an evaluation of each pro should be continued, terminated, or modi capable of administering h is own affairs, gram in such State funded with a grant re fied; except that such term does not include a ceived under subsection . "(2) each guardian in the State may use guardian ad litem; (d) PREFERENCE TO SELF-FINANCING PRO funds from the estate of the ward over "(2) the term 'guardianship' means any GRAMS.-In awarding grants under subsec whose affairs he has control only for the ad legal relationship, including a conservator tion , the Secretary shall give preference ministration of the guardianship and the ship, in which a person is vested by law with to those States which provide assurances to benefit of the ward, and shall repay to the the power and duty of taking care of the the Secretary that the program funded with ward's estate any funds used by such guardi person or property of a ward, except that such a grant will, without Federal financial an for any purpose determined to be im such term does not include a guardianship assistance, continue to operate after the ex proper by the court which issued the order ad litem; and piration of such grant. giving such guardian control over such "(3) the term 'ward' means a person 18 (e) REPORT TO CONGRESS.-Not later than 3 ward's affairs; and years or older adjudged incapable of admin years after the final grant is awarded under "<3> each guardian in the State shall keep istering his own affairs and placed by a subsection , the Secretary shall submit a the court which issued the order giving such court under the care of a guardian.". report to Congress describing the prograins guardian control over the ward's affairs in SEC. 3. DEMONSTRATION GRANTS FOR GUARDIAN· funded with such grants, evaluating the formed of the whereabouts of such ward, SHIP ADVOCATE PROGRAMS. effect of such programs on the guardianship and shall notify such court whenever such (a) IN GENERAL.-The Secretary of Health process and on the protection of the rights guardian moves such ward to a new resi and Human Services (in this section re of wards and individuals subject to guard dence. ferred to as the "Secretary") shall award 2- ianship petitions, and containing recommen "(j) STANDARDS REGARDING WARDS MOVING year demonstration grants to eligible States dations on the desirability of continuing the TO AND FRoM STATE.-The laws of the State for the establishment and operation of funding of such programs on a permanent shall provide that- guardianship advocate programs, including basis. "(1) if the court which issued a guardian the hiring and training of individuals to (f) AUTHORIZATION OF APPROPRIATIONS. ship order receives notice pursuant to sub serve as guardianship advocates and investi There arc authorized to be appropriated for section (i)(3) that a ward has been moved to gators in such programs. grants under subsection $5,000,000. a new residence in another State, the court (b) DUTIES OF ADVOCATES AND INVESTIGA (g) DEFINITION.-In this section, the term shall notify the appropriate court in that TORS.-Individuals hired and trained to serve "State" means each State, the District of State of the existence of the guardianship as guardianship advocates and investigators Columbia, the Commonwealth of Puerto and shall provide that court with necessary with funds provided under subsection Rico, the Virgin Islands, and Guam.