January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1 EXTENSIONS OF REMARKS

THE BALANCED BUDGET the neck down a mere half an hour after the work provides important lessons for us and for CONSTITUTIONAL AMENDMENT man bought a $100 rifle at a K±Mart in our children. I'm sure my colleagues will join Tampa, FL. The man had consumed a case of me in paying tribute to Ms. Frey, and I join in HON. BILL ARCHER beer and nearly a fifth of whiskey before he applauding her numerous local and inter- OF TEXAS bought the gun. He was so incapacitated at national contributions. Her important work sig- the time of the purchase that the store clerk nifies a task well done on a subject that must IN THE HOUSE OF REPRESENTATIVES had to fill out the Federal firearm registration remain in our consciousness, both today and Tuesday, January 7, 1997 form. tomorrow. Mr. ARCHER. Mr. Speaker, today I am in- Ms. Kitchen successfully sued K±Mart for f troducing a joint resolution to amend the Con- negligence, but the retail chain has appealed, INTRODUCTION OF THE RECON- stitution in order to mandate the U.S. Con- denying any liability. K±Mart doesn't think it STRUCTIVE BREAST SURGERY gress to commit to balancing the Federal did anything wrong in selling the drunk the BENEFITS ACT OF 1997 budget and remove the burdens of large Fed- gun that paralyzed Ms. Kitchen. If gun sellers eral deficits off of the American people. This cannot act responsibly on their own, it is up to legislation is essential to the future of our Na- us to force them to act responsibly. No one HON. ANNA G. ESHOO tion as we stand on the threshold of the 21st should sell a gun to a drunk, period. My bill OF CALIFORNIA century. The costs of maintaining our national would make it a Federal crime to sell a gun to IN THE HOUSE OF REPRESENTATIVES debt have absorbed increasing proportions of a drunk in an effort to ensure that there won't Tuesday, January 7, 1997 national savings that would otherwise have be any more Deborah Kitchens in the future. Ms. ESHOO. Mr. Speaker, I rise today to in- been available to finance investment, either f troduce the Reconstructive Breast Surgery public or private. Today, interest payments Benefits Act of 1997 to guarantee that insur- alone on the debt are the largest item in the RECOGNIZING THE CONTRIBU- TIONS OF MINNESOTAN HUMAN ance companies cover the cost of reconstruc- budget, comprising over 20 percent of all Fed- tive breast surgery that results from eral spending. RIGHTS ADVOCATE BARBARA FREY mastectomies for which coverage is already This type or irresponsible spending and provided. In addition, the legislation would se- management must end. Now the 105th Con- cure insurance coverage for all stages of re- gress has the opportunity to do just that. My HON. BRUCE F. VENTO constructive breast surgery performed on a balanced budget amendment is very similar to OF MINNESOTA nondiseased breast to establish symmetry with the language that passed the House of Rep- IN THE HOUSE OF REPRESENTATIVES the diseased one when reconstructive surgery resentatives in 1995 by a vote of 300 to 132. Tuesday, January 7, 1997 on the diseased breast is performed. However, the most important distinction of my In 1995, an estimated 182,000 American amendment from the 1995 language is the Mr. VENTO. Mr. Speaker, I rise today in women were diagnosed with breast cancer, provision specifying the vote margin needed to recognition of an extraordinary Minnesotan, and 85,000 of them underwent a mastectomy waive the balanced budget requirement. Barbara Frey. For 11 years as executive direc- as part of their treatment. Reconstructive Under the previously passed bill, three-fifths of tor of Minnesota Advocates, an internationally breast surgery often is an integral part of the the whole House and Senate were required to recognized human rights organization which mental and physical recovery of women who waive the balanced budget requirements. My has played an instrumental part in human undergo this traumatic, disfiguring procedure. amendment sets a more stringent and impera- rights work, Ms. Frey has poured her tireless Unfortunately, insurance companies don't al- tive requirement of two-thirds of those present energy and efforts into the establishment of ways see it that way. Even though many of and votingÐthe same margin necessary to the cause of fighting human rights abuses on them are willing to pay for mastectomies, they pass a constitutional amendment. a worldwide basis. While Barbara Frey will be sometimes balk at covering breast reconstruc- I hope that my colleagues, on both sides of relinquishing that role, I can safely predict as tion. This legislation would put an end to this the aisle, agree that actions speak louder than her Representative and friend that she will shortsighted practice and guarantee that words. We've talked about our commitment to continue to make a major contribution to our women with breast cancer are not victimized balancing the budget for long enough, it's time community and society. Ms. Frey's accom- twiceÐfirst by the disease, then by their insur- to do it. plishments will provide a sound basis and sta- ance companies. f tus for her future work in Minnesota and inter- According to the American Society of Plastic nationally. and Reconstructive Surgeons [ASPRS], a sig- INTRODUCTION OF GUNS AND Some people have one job; Barbara Frey nificant number of women with breast cancer DRUNKS LEGISLATION has several. In addition to her work at Min- must undergo mastectomy or amputation of a nesota Advocates, Ms. Frey may add to her breast in order to treat their disease appro- HON. JOHN CONYERS, JR. resume work as an adjunct professor of priately. The two most common types of re- OF MICHIGAN human rights at the University of Minnesota constructionÐtissue expansion followed by an IN THE HOUSE OF REPRESENTATIVES Law School In addition, every Sunday she de- implant insertion and flap surgeryÐcan restore livers food-shelf donations to the needy from Tuesday, January 7, 1997 the breast mound to a natural shape. Most St. Francis Cabrini Catholic Church. She also breast reconstruction requires a series of pro- Mr. CONYERS. Mr. Speaker, I wouldn't coaches girls' basketball and teaches a week- cedures that may include an operation on the have thought it was necessary to introduce a ly course at St. Paul's Expo Magnet School, opposite breast for symmetry. bill prohibiting gun sellers from selling guns to where her daughter, Maddie, is a student. Ms. Even though studies show that fear of losing obviously intoxicated individuals, but it is. Frey recently paid a visit to the White House a breast is a leading reason why many women as the law stands, you can't sell alcohol to on International Human Rights Day to be hon- do not participate in early breast cancer detec- someone who is clearly drunk because that ored by President Clinton for her efforts to tion programs, many general surgeons don't person might hurt himself or others, but you promote women's rights. even present reconstruction as an option for can sell a drunk a dangerous firearm. Even Whether educating Minnesota's students or mastectomy candidates. Unfortunately, many without a law, common sense might dictate reprimanding military leaders about human women are unaware that reconstruction is an that you don't sell a gun to a drunk, but unfor- rights violations, Barbara Frey has approached option following mastectomy, and they put off tunately, not everyone uses their common her valuable work with the same passion of testing and/or treatment for breast cancer until sense. conviction, courage, and purpose of mission. it is too late. Deborah Kitchen, a mother of five, was shot St. Paul, MN, is fortunate to be home to this A recent ASPRS surveyÐwith an error by her ex-boyfriend and left paralyzed from most talented and dedicated individual, whose range of ±1.9 percentÐindicates that 84

∑ 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. E2 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 percent of respondents had up to 10 patients CONCERNING A CONGRESSIONAL We should see this failure to comply with who were denied insurance coverage for FAILURE TO COMPLY WITH THE the Constitution as a serious and troubling breast reconstruction of the amputated breast. CONSTITUTION DURING THE matter. Of those surgeons who support State legisla- 104TH CONGRESS Because I understood that the breakdown tion to address this problem and reported de- had occurred on the other side of the Capitol, nied coverage, the top three procedures de- HON. DAVID E. SKAGGS I raised the matter with the majority leader of nied most often were symmetry surgery on a OF COLORADO the Senate in a telephone conversation and, nondiseased breast, revision of breast recon- IN THE HOUSE OF REPRESENTATIVES subsequently, in a letter which I ask unani- struction, and nipple areola reconstruction. mous consent be included in the RECORD at The top five States of residence of those pa- Tuesday, January 7, 1997 the conclusion of my remarks. tients reporting denied coverage are Florida, Mr. SKAGGS. Mr. Speaker, I want to call to As I noted then, I can understand why, as California, Texas, Pennsylvania, and New the attention of the House what appears to be a practical matter, it might seem redundant to York. a failure of the Congress to comply with a send two identical bills to the President. But California and Florida also are among the clear and basic constitutional mandate. the Constitution doesn't give Members of Con- 13 States that have passed laws requiring Section 7 of article IÐknown as the present- gressÐeven leadersÐthe authority to selec- breast reconstruction coverage after mastec- ment clauseÐsays ``Every bill which shall tively withhold from the President any bill that tomy. However, State laws alone, such as the have passed the House of Representatives has passed both Houses. And while in this California and Florida laws, do not provide and the Senate shall, before it become a law, case refusing to send H.R. 4278 to the Presi- adequate protection for women because be presented to the President of the United dent won't make a practical differenceÐsince States do not have jurisdiction over interstate States'' for approval or veto. Nothing could be an identical measure has been signed into insurance policies provided by large compa- clearerÐif a bill is passed by both bodies, it lawÐit is easy to imagine how it could set a nies under the Employee Retirement Income must be presented to the President. The Con- bad, even a dangerous precedent in other cir- Security Act [ERISA]. As a result, even stitution does not allow for any exceptions. Yet cumstances. women in States that have attempted to ad- during the 104th Congress, an exception was It was my hope, Mr. President, that when dress this issue are still at risk of being denied made on one occasion, the constitutional man- this matter was called to the attention of the coverage for reconstructive surgery. date notwithstanding. leadership, steps would be taken to make sure The Reconstructive Breast Surgery Benefits As Members who served in the last Con- that H.R. 4278 was duly enrolled, signed, and Act would amend the Public Health Service gress will remember, last year the leadership presented to the President. Unfortunately, that Act and ERISA to do the following: require of both the House and Senate decided to ex- did not occur and, now that a new Congress health insurance companies that provide cov- pedite our adjournment by combining various has begun, it evidently cannot occur. erage for mastectomies to cover reconstruc- 1997 appropriations usually dealt with in sepa- That is very regrettable and, as I've already tive breast surgery that results from those rate measures into a single omnibus appro- said, something that I think we need to take mastectomies, including surgery to establish priations bill. It was also decided, for tactical seriously. As Members of Congress, we have symmetry between breasts; prohibit insurance reasons, to have two versions of that omnibus each sworn to uphold the Constitution. If we companies from denying coverage for breast billÐone being a conference report on a 1997 are to be faithful to that oath, we must make reconstruction resulting from mastectomies on defense appropriations measure, the other sure that Congress in the future meets its con- the basis that the coverage is for cosmetic being a new, freestanding bill, H.R. 4278. H.R. stitutional requirements, including those im- surgery; prohibit insurance companies from 4278 came to be known in Capitol parlance as posed by the presentment clause. denying a woman eligibility or continued eligi- the ``clone'' omnibus appropriations bill. Mr. Speaker, for the information of the bility for coverage solely to avoid providing Accordingly, on September 28, 1996, the House, I include at this point my letter of De- payment for breast reconstruction; prohibit in- House agreed to consider the conference re- cember 23, 1996, to the majority leader of the surance companies from providing monetary port and also agreed that if the conference re- Senate concerning this matter. payments or rebates to women to encourage port was adopted, H.R. 4278, the clone bill, HOUSE OF REPRESENTATIVES, such women to accept less than the minimum also would be deemed passed. Washington, DC, December 23, 1996. protections available under this act; prohibit in- The House did pass the conference report Hon. TRENT LOTT, surance companies from penalizing an attend- on September 28, and on September 30, Senate Majority Leader, ing care provider because such care provider 1996, both that conference report and H.R. Washington, DC. gave care to an individual participant or bene- 4278 were considered and approved by the DEAR TRENT: Thanks very much for calling Senate as well. In fact, the Senate passed the me at home a second time last week; sorry ficiary in accordance with this act; and prohibit to have missed your first try. I greatly ap- insurance companies from providing incentives clone bill, without amendment, by a separate preciate having been able to talk with you to an attending care provider to induce such rollcall vote of 84 to 15. about the so-called ‘‘clone’’ omnibus appro- care provider to give care to an individual par- In short, last year two omnibus 1997 appro- priations bill. As I mentioned, I have some ticipant or beneficiary in a manner inconsistent priations bills were passed in identical form by serious concerns about the way the bill has with this act. both the House and the Senate. Constitu- been handled. On the other hand, the Reconstructive tionally, both bills had equal standing, and On September 28, the House agreed to con- Breast Surgery Benefits Act would not: Re- both should have been presented to the Presi- sider the conference report regarding H.R. quire a woman to undergo reconstructive dent. Even though the President predictably 3610 (the omnibus consolidated appropria- tions bill for fiscal 1997) and agreed that, breast surgery; apply to any insurance com- would have let one die by pocket veto. upon adoption of that conference report, pany that does not offer benefits for This requirement was not met. The con- H.R. 4278 (a separate, identical measure) mastectomies; prevent an insurance company ference report was presented to the President would also be considered as passed. from imposing reasonable deductibles, coin- and was signed into law. But the normal, con- As you know, the House did pass the con- surance, or other cost-sharing in relation to re- stitutional procedures were not followed with ference report, and on September 30, both constructive breast surgery benefits; prevent respect to the other bill, H.R. 4278. the conference report and H.R. 4278 were con- insurance companies from negotiating the Before a bill can be presented to the Presi- sidered and approved by the Senate as well, level and type of reimbursement with a care dent, it must be enrolled and signed by the the latter being passed without amendment Speaker and by the President of the Senate, by a vote of 84–15 (rollcall number 302). How- provider for care given in accordance with this ever, while H.R. 3610 was presented to the act; and preempt State laws that require cov- or others empowered to act for them, to attest President on September 30 (and signed into erage for reconstructive breast surgery at least that it has in fact been passed by both bodies. law as P.L. 104–208), I understand that the equal to the level of coverage provided in this And, before a House billÐsuch as H.R. Senate has not yet returned to the House the act. 4278Ðcan be enrolled, the bill and related pa- papers related to H.R. 4278, and as a con- Mr. Speaker, women who have breast can- pers must be returned to the House by the sequence the House (where the bill origi- cer suffer enough without having to worry Senate. In the case of H.R. 4278, evidently, nated) has been unable to take the steps nec- about whether or not their insurance compa- this normally routine step was not taken. The essary for the bill to be presented to the nies will cover reconstructive surgery. I urge bill was not returned to the House, and so it President in accordance with Section 7 of Ar- ticle I of the Constitution (the ‘‘presentment my colleagues in helping to give these women was never enrolled, never signed by the clause’’). peace of mind and the coverage they need by Speaker or anyone else authorized to sign it, It’s true that enactment of P.L. 104–208 supporting the Reconstructive Breast Surgery and never presented to the PresidentÐdespite means that enactment of H.R. 4278 would be Benefits Act. the clear mandate of the Constitution. redundant. However, the presentment January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E3 clause’s requirement that ‘‘Every Bill which volvement in the education of our children, the similar sentiment. We would be negligent in shall have passed the House of Representa- training of our Olympic athletes, and the train- our roles as Federal legislators to ignore such tives and the Senate shall, before it become ing of our future civic leaders. compelling public demand for change. a law, be presented to the President of the Indeed, Chris Lewis has accentuated the Last Congress, we enacted legislation that United States’’ does not provide an exception for such circumstances. I am unaware of any positive by creating and fostering a positive at- addressed some of the country's most press- Constitutional authority for a measure mosphere for local residents and local busi- ing illegal immigration problems. Unfortunately, passed in identical form by both the House nesses. The Chula Vista Chamber of Com- an attempt to improve our legal immigration and Senate to be selectively withheld from merce has laid the framework for long-term policies was thwarted. The 105th Congress presentment to the President for his ap- economic expansion with the founding of the should not repeat last year's mistake. We proval or veto. Chula Vista Convention and Visitors Bureau should, instead, finish the immigration reform It seems to me that any failure to fulfill and the renovation of the Chula Vista Visitors' job by evaluating America's immigration needs the requirements of the Constitution in this Information Center. and devising a policy that will allow us to meet case would set a troublesome precedent. these needs without further burdening Amer- While it has no practical consequence in this Mr. Speaker, on behalf of the residents of instance, a decision here not to complete the Chula Vista and the 50th Congressional Dis- ican taxpayers. mandated administrative steps after passage trict, I thank Chris Lewis for his service to our f could be cited later as precedent for a simi- community, and I ask the citizens of our com- INTRODUCTION OF THE HMONG lar inaction carrying more problematic re- munity to continue to work for its betterment. VETERANS NATURALIZATION ACT sults. Therefore, I urge you to take all nec- f essary steps to ensure that H.R. 4278 can be properly enrolled and presented to the Presi- REDUCE LEGAL IMMIGRATION HON. BRUCE F. VENTO dent, as required by the Constitution. LEVELS OF MINNESOTA Thank you very much for you attention IN THE HOUSE OF REPRESENTATIVES and assistance. With best personal regards, HON. BOB STUMP January 7, 1997 Sincerely yours, OF ARIZONA Mr. VENTO. Mr. Speaker, today I am intro- DAVID E. SKAGGS. IN THE HOUSE OF REPRESENTATIVES ducing the Hmong Veterans Naturalization f Tuesday, January 7, 1997 Act, which would ease naturalization require- PERSIAN GULF SYNDROME ments for the Hmong, of Laos, who fought Mr. STUMP. Mr. Speaker, a reduction in im- alongside the United States Armed Forces HEALTH BENEFITS EXTENSION migration is essential to improving the coun- ACT OF 1997 during the Vietnam war. Hmong of all ages try's economy and social weaknesses. With fought and died alongside U.S. soldiers, and this in mind, I am today introducing legislation as a result of the brave position they took and HON. JACK QUINN to cut the number of legal immigrants who their loyalty to the United States, the Hmong, OF NEW YORK enter our country each year. tragically, lost their homeland. Between 10,000 IN THE HOUSE OF REPRESENTATIVES Once again, I am sponsoring the Immigra- and 20,000 Hmong were killed in combat and Tuesday, January 7, 1997 tion Moratorium Act. The legislation provides over 100,000 had to flee to refugee camps to for a significant, but temporary, reduction in Mr. QUINN. Mr. Speaker, I rise today to in- survive. legal immigration levels. Under my bill, immi- Although it wasn't apparent then, their ac- troduce legislation which extends priority gration would be limited to the spouses and healthcare to Persian Gulf war veterans who tions had a major impact on achieving today's minor children of U.S. citizens, a reduced global order and the positive changes of the served in Israel and Turkey. My bill is entitled number of refugees and employment-based the ``Persian Gulf Syndrome Health Benefits past decade. Extreme sacrifices were made immigrants, and a limited number of immi- by those engaged in the jungles and the high- Extension Act of 1997.'' The bill has received grants who are currently waiting in the immi- bipartisan support and passed the House of lands, whether in uniform or in peasant cloth- gration backlog. Total immigration under my ing and for those whose homeland became Representatives by voice vote in 1996. proposed moratorium would be less than Men and women who served during the the battlefield. For their heroic efforts, the Lao- 300,000 per year. The moratorium would end Persian Gulf war in Israel and Turkey were Hmong veterans deserve this recognition and after approximately 5 years, provided no ad- originally excluded from the definition of in-the- consideration. verse impact would result from an immigration atre operations. Many of these soldiers suffer Many Hmong who survived the conflict were increase. welcomed to the United States and today from similar undiagnosed medical problems A temporary moratorium is a sound re- that may be related to service during the Per- should be honored for the contributions they sponse to our present situation that allows for are making to our communities in my Min- sian Gulf war. unprecedented and unmanageable levels of Throughout my service on the House Com- nesota district and to our Nation. Their suc- immigrants. Currently, the United States ad- mittee on Veterans' Affairs, I have emphasized cess in rebuilding their families and commu- mits about 1 million legal immigrants annually, the need to alleviate the suffering of those in- nities in the United States stands as a tribute more than any other industrialized nation in dividuals afflicted with Persian Gulf war ill- to their strength, but their cause would be the world. Based upon recent trends, this nesses. It is time to simply care for our veter- greatly helped by passage of the legislation I number will continue to climb unless we take ans who so bravely fought for our country. am introducing today, the Hmong Veterans the necessary steps to restore immigration to f Naturalization Act. reasonable levels. I am extremely troubled by While it is clear that the Hmong served CHRIS LEWIS—A POSITIVE FORCE the fact that study after study has shown that bravely and sacrificed dearly in the Vietnam IN OUR COMMUNITY the excessive immigration we are experiencing war, many of those who did survive and made exacerbates many of the country's most dis- it to the United States, are separated from HON. BOB FILNER turbing problems, such as overcrowded jails, other family members and are having a dif- inadequately funded schools and hospitals, OF CALIFORNIA ficult time adjusting to life in the United States. violent crime and unemployment. Moreover, IN THE HOUSE OF REPRESENTATIVES Fortunately, there is something we can do to legal immigration is costly and has a signifi- speed up the process of family reunification Tuesday, January 7, 1997 cant impact on our ability to balance the budg- and ease the adjustment of the Hmong into Mr. FILNER. Mr. Speaker, I rise today to et. For example, the projected net cost to tax- U.S. society, at no cost to the Federal Govern- pay special tribute to Chris Lewis, president of payers of legal immigration will be $330 billion ment. the Chula Vista Chamber of Commerce for over the next 10 years. My legislation makes the attainment of citi- this past year, 1996. Mr. speaker, Americans have repeatedly zenship easier for those who served in the Throughout the past year, Chris urged local voiced their concerns about the potentially special guerrilla units by waiving the English business and community leaders to ``accen- grave consequences associated with unre- language test and residency requirement. The tuate the positive.'' That spirit helped bring strained immigration. A recent Wall Street greatest obstacle for the Hmong in becoming more than twenty new businesses to the city Journal/NBC News poll showed 52 percent a citizen is passing the English test. Written of Chula Vista in 1996, and it laid the ground- support a 5-year moratorium on legal immigra- characters for Hmong have only been intro- work for continued economic development. tion. A Roper poll shows the majority of Ameri- duced recently, and whatever changes most During Chris' term as president, the Chula cans prefer no more than 100,000 annually. A Hmong who served may have had to learn a Vista Chamber of Commerce expanded its in- host of additional polls consistently show a written language were disrupted by the war. E4 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 This bill would also waive the residency re- Mr. Speaker, I think this is a good bill and tutional review board of the Children's Hospital quirement for those who served in order to I look forward to hearing feedback from my and Health Center; and on the board of direc- speed up the process of family reunification. colleagues. I expect to offer this legislation at tors of the American Jewish Committee. Current law permits aliens or noncitizen na- the beginning of the next Congress and hope She was formerly president of the California tionals who served honorably during World to hear meaningful debate. Southwest Region of Hadassah and a mem- War I, World War II, the Korean conflict, and f ber of their national board. She was the found- the Vietnam war to be naturalized regardless er and former president of the San Diego of age, period of residence, or physical pres- INTRODUCTION OF GUN SAFETY chapter of Parents of North American Israelis, ence in the United States. There is a well-es- ACT OF 1997 as well as executive vice president of their tablished precedent of modifying naturalization international board of directors and inter- requirement for military service, recently re- HON. JOHN CONYERS, JR. national convention chair. Muriel was founder affirmed by passage of legislation granting citi- OF MICHIGAN and chair of the San Diego Zionist Council, zenship to those who served in the Filipino IN THE HOUSE OF REPRESENTATIVES which from 1948 to 1958 set up a speakers' Scouts during World War II. Tuesday, January 7, 1997 bureau on issues of concern to Israel and sent The Hmong stood by the United States at a several non-Jewish civic leaders on study crucial time, and that service deserves rec- Mr. CONYERS. Mr. Speaker, this bill ad- tours to Israel. ognition. Today we should stand with the Lao- dresses the problem of the proliferation of She has also been deeply involved in health Hmong in their struggle to become citizens cheaply made, easily concealed weapons. issues, serving on the Coordinating Council for and to live a good life in our Nation. This is particularly critical in dealing with our Education in the Health Sciences; as president f juvenile crime problem. The Office of Juvenile of the Comprehensive Health Planning Asso- Justice and Delinquency Prevention reports ciation for San Diego, Imperial, and Riverside THE PRESIDENTIAL DEBATE that most juveniles who purchase guns obtain Counties; and the board of directors of the REFORM INITIATIVE them from informal sources for less than $100. San Diego Mental Health Association; and on This bill would put an end to the proliferation the Governor's advisory board of the San HON. BILL McCOLLUM of these cheap and dangerous guns by requir- Diego Treatment Center for the Mentally Ill. OF FLORIDA ing States to set up criteria for guns to be sold As a member of the political and civic com- IN THE HOUSE OF REPRESENTATIVES within that State's borders. The criteria to be munity of San Diego, Muriel served as presi- considered would include concealability, safe- January 7, 1997 dent and on the board of directors of the ty, quality, and utility for legitimate activities. League of Women Voters in San Diego and Mr. MCCOLLUM. Mr. Speaker, today I am Any State that chooses not to participate in California; on the civil rights committee of the introducing the Presidential Debate Reform the program would simply lose some of its National League of Women Voters; on the Act. The situation surrounding the current Byrne grant money for crime problems. boards of directors of the National Conference Presidential election has highlighted some of In addition, in an effort to prevent the nu- of Christians and Jews and the San Diego the flaws in our current method for selecting a merous accidental deaths of children every Urban League; on the United Way allocations President and Vice President of the United year, this bill would require gun manufacturers committee; on the Mayor's committee on uni- States of America. One critical flaw involves to install magazine safeties in every gun so form hearing procedures; and on the blue rib- the way Presidential debates are scheduled. that adults can be sure that they have not ac- bon committee on restructuring the San Diego My legislation would create the framework cidentally left a bullet in the chamber of a gun, Convention and Visitors' Bureau. for deciding the participants and structure of even when the magazine is not in the gun. Mr. Speaker, these worthy contributions by Presidential debates. This framework would in- Because cheap and poorly made handguns such an intelligent, dedicated, and motivated clude a commission of three people nominated are dangerousÐand even more dangerous in woman were recognized by the celebration of by the President. The President would nomi- the hands of the serious juvenile offenders ``Muriel Goldhammer Day'' on January 5, nate one person from a list submitted by the who have easy access to them, and because 1997, an event sponsored by the Point Loma Republican National Committee, one person we need to make certain that guns include all Hadassah and Hadassah Southern California. from a list submitted by the Democratic Na- possible safety precautionsÐI urge my col- It is truly fitting that the House of Represent- tional Committee, and one person who is un- leagues to join me in sponsoring this legisla- atives join in this recognition, and I appreciate affiliated submitted jointly by the RNC and the tion. the opportunity to call attention to the life-long DNC. These commissioners would then f work of Muriel Goldhammer toward making schedule several debates. this world a better place. TRIBUTE TO MURIEL One such debate would be optional and in- f clude any candidate who is on the ballot in 50 GOLDHAMMER States or polls at 5 percent in popular polls LIMIT CONGRESSIONAL TERMS among likely voters. This could include major HON. BOB FILNER party candidates, although it would provide a OF CALIFORNIA HON. BOB STUMP forum for lesser known candidates to express IN THE HOUSE OF REPRESENTATIVES OF ARIZONA their views. IN THE HOUSE OF REPRESENTATIVES The commission would also establish de- Tuesday, January 7, 1997 bates for the Vice Presidential and Presi- Mr. FILNER. Mr. Speaker, today, I rise to Tuesday, January 7, 1997 dential candidates. These would be for the honor the outstanding contributions of Muriel Mr. STUMP. Mr. Speaker, as one who has major party candidates as well as anyone poll- Goldhammer to the community of San Diego consistently maintained that term limits are an ing over 5 percent in polls taken after the op- and to the entire southern California region. integral part of congressional reform, I am tional debate. Participation in these debates Muriel Goldhammer, a native San Diegan, is pleased to reintroduce a resolution to limit would be mandatory. The penalty for not par- now retired and is planning to reside parttime Representatives to three 4-year terms. ticipating in the debate, other than perhaps in Israel, beginning on January 14, 1997. Be- The current system of unlimited 2-year embarrassment, would be a reduction in the fore she makes this move, it is fitting that she terms hinders the advancement of legislation amount of Federal funds that candidate's party be recognized for her work in Jewish commu- that is in the Nation's best interest. Members will receive to run the next convention. The re- nity relations, in health issues, and in political are distracted by reelection concerns and duction would be equal to the fraction of man- and civic activities in San Diego, CA. often sacrifice what it best for the country in datory debates missed. I cannot imagine that Before her retirement, Muriel served as di- favor of parochial interests. Under a system of a party would want to miss out on $3 millionÐ rector of urban affairs at the University of Cali- limited terms, the Congress would be a citizen approximately the amount that would be lost fornia, San Diego Extension and as faculty at legislative body as the Framers of the Con- to pay for the 1996 conventions through miss- the School of Public Administration at San stitution intended. Moreover, congressional ing one debate. Diego State University. She is the author of term limits promote government efficiency and This has nothing to do with whether I think several publications on public policy issues. are conducive to a smaller Federal Govern- certain people should or should not participate She is currently serving on the steering ment, as Members would be less compelled to in debates. I do think that we need to have an committee of the San Diego Area Resource support unnecessary port-barrel spending. established framework with defined ground Center and on the past presidents council of Although the 104th Congress was not suc- rules to ensure the fairness in the system. Hadassah of southern California; on the insti- cessful in advancing a term limits amendment, January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E5 I am encouraged that the House leadership THE INSPECTOR GENERAL FOR case loads. It is my understanding that em- has not abandoned this worthy cause. We will MEDICARE AND MEDICAID ACT ployees in the IG's office do not specialize in have an opportunity in the opening days of OF 1997 Medicare and Medicaid fraud, but must focus this Congress to vote on a proposed amend- on several issues at one time. With a more ment to the U.S. Constitution to limit our terms HON. JACK QUINN specialized personnel, other HHS programs and send a message to the public that we are OF NEW YORK such as welfare and head start stand to bene- dedicated to building upon last Congress' re- IN THE HOUSE OF REPRESENTATIVES fit as well. By magnifying our focus to Medi- forms. care and Medicaid fraud, waste, and abuse, I Tuesday, January 7, 1997 Mr. Speaker, support for term limits remains am confident that we will see an increased re- strong among voters. I encourage my col- Mr. QUINN. Mr. Speaker, I rise today to in- turn of our investment. leagues to favorably respond to their call and troduce the Inspector General For Medicare f vote to limit congressional terms. and Medicaid Act of 1997. f I was prompted to introduce this legislation ROCKY MOUNTAIN NATIONAL when seniors in western New York continu- PARK WILDERNESS INTRODUCTION OF LIVABLE WAGE ously approached me at my town meetings ACT last year with concerns about this issue. Many HON. DAVID E. SKAGGS of us in Congress and throughout the country OF COLORADO HON. BRUCE F. VENTO share their concerns that waste, fraud, and IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA abuse within Medicare and Medicaid Pro- Tuesday, January 7, 1997 IN THE HOUSE OF REPRESENTATIVES grams have reached an excessive level which Mr. SKAGGS. Mr. Speaker, today I am in- Tuesday, January 7, 1997 threatens the financial stability of our most vul- nerable populations. troducing the Rocky Mountain National Park Mr. VENTO. Mr. Speaker, today I am intro- For instance, one of my constituents gave Wilderness Act of 1997. ducing legislation intended to take a major me copies of his personal medical statements This bill, essentially identical to ones that I step forward toward a livable wage for working which showed that he was billed three times introduced in the 103d and 104th Congresses, men and women in our country. Too often for the same procedure, amounting to $2,367 is intended to provide important protection and American workers are forced to take jobs that in charges. Most people do not scrutinize their management direction for some truly remark- pay substandard wages and have few or no medical statements; which helps for fraud to able country, adding some 240,700 acres in health benefits. At a time when U.S. corpora- be easily overlooked. in the end, seniors are the park to the National Wilderness Preserva- tions are making record profits and the econ- forced to dip into their life savings. tion System. omy is strong and stable, it seems unreason- My bill would establish an exclusive, full- Covering 91 percent of the park, the wilder- able that working families must struggle and time and independent Office of Inspector Gen- ness will include Longs Peaks and other major cannot make ends meet. It is unconscionable eral [IG] for the Medicare and Medicaid Pro- mountains, glacial cirques and snow fields, for corporations to sacrifice fair wages for their grams. This office would be charged with de- broad expanses of alpine tundra and wet workers in pursuit of inflated profit margins, tecting, identifying and preventing waste, fraud meadows, old-growth forests, and hundreds of and it is doubly so when these businesses are and abuse within the Medicare and Medicaid lakes and streams. Indeed, the proposed wil- performing work on behalf of the Federal Gov- Programs. derness will include examples of all the natural ernmentÐwhen the workers' taxes which pay This IG office would be required to issue ecosystems present in the park. for Federal services and products perpetuate semiannual reports to Congress consisting of The features of these lands and waters that such depressed compensation. recommendations on preventing waste, fraud make Rocky Mountain a true gem in our na- My legislation is straightforward, simple and and abuse within the Medicare and Medicaid tional parks system also make it an outstand- just; if you are a Federal contractor or sub- Programs. ing wilderness candidate. contractor you will be required to pay wages The IG office would also be responsible for The wilderness boundaries for these areas to your employees that exceed the official pov- coordinating any audits, investigations, and are carefully located to assure continued ac- erty line for a family of four. This would be fair other activities which promote efficiency in the cess for use of existing roadways, buildings and equitable compensation achieved by law. administration of the Medicare and Medicaid and developed areas, privately owned land, When a business contracts for services or ma- Programs. and water supply facilities and conveyancesÐ terials with the Federal Government and bene- The need for this legislation comes down to including the Grand River Ditch, Long Draw fits from working families' taxpayer dollars, at dollars and cents. According to a 1995 GAO Reservoir, and the portals of the Adams Tun- the very least it should be required to pay its report, unchecked and improper billing alone nel. All of these are left out of wilderness. employees a livable wage. would cost Medicare in excess of $3 billion The bill is based on National Park Service As of March 4, 1996, the official poverty line over the next 5 years. Furthermore, health recommendations. Since these recommenda- for a family of four is $15,600. This is obvi- fraud has been estimated to cost between 3 tions were originally made in 1974, the north ously not an exorbitant wage. Imagine a family and 10 percent of every $1 used to meet the and south boundaries of Rocky Mountain Na- of four trying to live on this amount or less. It health needs of America's seniors and indi- tional Park have been adjusted, bringing into may not seem possible, but it is done every gent populations. I think you would agree that the park additional land that qualifies as wil- day in this country. There are serious dispari- this funding would be better spent as a rein- derness. My bill will include those areas as ties in our society when hard-working men and vestment in providing healthcare to our Na- well. Also, some changes in ownership and women, holding down full-time jobs, cannot tion's elderly, disabled, and poor citizens. management of several areas, including the earn enough to bring their families out of the To further compound the problem, GAO removal of three high mountain reservoirs, poverty cycle, while company executives earn also reported that physicians, suppliers, and make it possible to include designation of an average of 70 times that of their average medical laboratories have about 3 chances out some areas that the Park Service had found employee. of 1,000 of having Medicare audit their billing inherently suitable for wilderness. My bill does not attempt to alleviate this dis- practices in any given year. In 1993, we in the Colorado delegation fi- parity throughout the business sector, but it At the conclusion of the July 1995 GAO re- nally were able to successfully complete over does require those corporate entities receiving port to Congress, one of the main policy rec- a decade's effort to designate additional wil- taxpayer dollars to be accountable to their ommendations was to ``enhance Medicare's derness in our State's national forests. I antici- workers. This is a reasonable and practical antifraud and abuse efforts.'' pate that in the near future, the potentially bill. It allows companies to count any benefits, My bill simply responds to this need. I con- more complex question of wilderness designa- such as health care, which they provide for tend that with a separate IG office we can only tions on Federal Bureau of Land Management employees as part of their wage determina- expand on identifying and preventing fraud, lands will capture our attention. tion, and it provides an exemption for small waste, and abuse in healthcare. Based on Meanwhile, I think we should not further businesses and bona fide job training or ap- HHS data, within a 4-year time frame, we postpone resolution of the status of the lands prenticeship programs. have saved $115 for every $1 spent on in- within Rocky Mountain National Park that have I urge my colleagues to join me in support- spector general operations. been recommended for wilderness designa- ing this legislation to help ensure the Amer- In 1995, the Office of the IG saved $9.7 mil- tion. Also, because of the unique nature of its ican worker receives a fair day's pay for a fair lion per employee. This savings was accom- resources, its current restrictive management day's work. plished with employees working on diversified policies, and its water rights, Rocky Mountain E6 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 National Park should be considered separately this provision would apply in the eastern half acres. This section includes forested moun- from those other Federal lands. of the park. IfÐas I expectÐthe water court tainside of lodgepole pine, Englemann spruce We all know that water rights was the pri- with jurisdiction over the western half of the and subalpine fir, and the park’s trademark mary point of contention in the congressional expanse of alpine tundra and sub-alpine for- court makes the same ruling about the park's est. debate over designating national forests wil- original water rights that the eastern water Another fairly small section west of the derness areas in Colorado. The question of court did, then this provision would apply to Grand River Ditch, which comprises approxi- water rights for Rocky Mountain National Park the entire park. mately 9,260 acres, is generally above timber- wilderness is entirely different, and is far sim- The bill also specifically affirms the authority line, featuring steep slopes and peaks of the pler. of Colorado water law and its courts under the Never Summer Mountains, including 12 To begin with, it has long been recognized McCarran amendment. And the bill makes it peaks reaching over 12,000 feet in elevation. under the laws of the United States and of clear that it will not interfere with the Adams This area adjoins the existing Neota Wilder- ColoradoÐincluding in a decision of the Colo- ness on the Roosevelt National Forest and Tunnel of the Colorado-Big Thompson Project, Never Summer Wilderness on the Routt Na- rado Supreme CourtÐthat Rocky Mountain which is an underground tunnel that goes tional Forest. National Park already has extensive Federal under Rocky Mountain National Park. The largest portion of the wilderness—ap- reserved water rights arising from the creation Why should we designate wilderness in a proximately 144,740 acres—is south of Trail of the national park itself. national park? Isn't park protection the same Ridge Road and generally bounded on the Division One of the Colorado Water Court, as wilderness, or at least as good? east, south, and west by the park boundary. which has jurisdiction over the portion of the The wilderness designation will give an im- This area contains examples of every eco- park that is east of the continental divide, has portant additional level of protection to most of system present in the park. The park’s dra- already decided how extensive the water the national park. Our National Park System matic stretch of the Continental Divide, fea- turing Longs Peak (which has an elevation rights are in its portion of the park: the court was created, in part, to recognize and pre- of 14,251 feet) and other peaks over 13,000 has ruled that the park has reserved rights to serve prime examples of outstanding land- feet, dominate this area. Former reservoir all water within the park that was unappropri- scape. At Rocky Mountain National Park in sites at Blue Bird, Sand Beach, and Pear ated at the time the park was created. As a particular, good Park Service management Lakes, previously breached and reclaimed, result of this decision, in the eastern half of over the past 82 years has kept most of the are included in the wilderness. The new wil- the park there literally is no more water with park in a natural condition. And all the lands derness incorporates a portion of the Indian regard to which either the park or anybody that over covered by this bill are currently Peaks Wilderness that was transferred to the else can claim a right. being managed, in essence, to protect their park in 1980, when the boundary between the park and the Arapaho-Roosevelt National So far as I have been able to find out, this wilderness character. Formal wilderness des- Forest was adjusted to follow natural fea- has not been a controversial decision, be- ignation will no longer leave this question to tures. cause there is a widespread consensus that the discretion of the Park Service, but will AREAS EXCLUDED FROM WILDERNESS there should be no new water projects devel- make it clear that within the designated areas DESIGNATION oped within Rocky Mountain National Park. there will never be roads, visitor facilities, or The following areas are not included in the And because the park sits astride the con- other manmade features that interfere with the wilderness designation: tinental divide, there's no higher land around spectacular natural beauty and wilderness of Roads used for motorized travel, water from which streams flow into the park, mean- the mountains. storage and conveyance structures, build- ing that there is no possibility of any upstream This kind of protection is especially impor- ings, and other developed areas are not in- diversions. tant for a park like Rocky Mountain, which is cluded in wilderness. Parcels of privately owned land or land On the western side of the park, the water relatively small by western standards. As sur- subject to life estate agreements in the park court has not yet ruled on the extent of the rounding land development and alteration has are also not included. park's existing water rights there. However, as accelerated in recent years, the pristine nature Water diversion structures (see below). a practical matter, the Colorado-Big Thompson of the park's backcountry has become an in- WATER RIGHTS Project has extensive, senior water rights that creasingly rare feature of Colorado's land- The legislation explicitly creates a federal give it a perpetual call on all the water flowing scape. reserved water right for a quantity of water out of the park to the west and into the Colo- Further, Rocky Mountain National Park's sufficient to fulfill the purposes of the wil- rado River and its tributaries. Thus, as a prac- popularity demands definitive and permanent derness designation. The priority date is the tical matter under Colorado water law, nobody protection for wild areas against possible pres- date of enactment of the bill. This general can get new consumptive water rights to take sures for development within the park. While provision is identical to the provision in- water out of the streams within the western only about one-tenth the size of Yellowstone cluded in the 1988 legislation designating part of Olympic National Park, in the state side of the park. National Park, Rocky Mountain sees nearly of Washington, as wilderness. And it's important to emphasize that any wil- the same number of visitors each year. The legislation, however, includes special derness water rights amount only to guaran- This bill will protect some of our Nation's fin- provisions reflecting the unique cir- tees that water will continue to flow through est wild lands. It will protect existing rights. It cumstances of Rocky Mountain National and out of the park as it always has. This pre- will not limit any existing opportunity for new Park, where a reservation on wilderness serves the natural environment of the park. water development. And it will affirm our com- water rights is probably just a theoretical But it doesn't affect downstream water use. mitment in Colorado to preserving the very matter. A Colorado water court with juris- Once water leaves the park, it will continue to features that make our State such a remark- diction over the portion of the park east of the Continental Divide has ruled that the be available for diversion and use under Colo- able place to live. federal government already has rights to all rado law. ROCKY MOUNTAIN NATIONAL PARK previously unappropriated water in the park, Against this backdrop, my bill deals with wil- WILDERNESS ACT OF 1996—FACT SHEET through the federal reserved water right derness water rights in the following ways: WILDERNESS BOUNDARIES arising from the creation of the national First, it explicitly creates a Federal reserved The bill will designate the Rocky Moun- park. Recognizing this, a special provision of water right to the amount of water necessary tain National Park Wilderness, which will the bill provides that for this area those ex- to fulfill the purposes of the wilderness des- include 91 percent of the park. The wilder- isting reserved water rights shall be deemed ignation. This is the basic statement of the re- ness area will include a total of 240,700 acres, sufficient to serve as the wilderness reserved served water rights doctrine, and is the lan- in four separate sections: rights; this will prevent unnecessary water The northernmost section of wilderness is rights adjudication. guage that Congress used in designating the 82,040 acres north of Fall River Road and east West of the Continental Divide, where a Olympic National Park Wilderness, in Wash- of the Grand River ditch. It includes large different water court has jurisdiction, a de- ington, in 1988. areas of alpine, sub-alpine-forest, wet-mead- termination has not yet been made of the ex- Second, the bill provides that in any area of ow, and montane-forest ecosystems. The tent of the national park’s existing reserved the park where the United States, under exist- dominant geographic features are the rights in that portion of the park. If that ing reserved water rights, already has the right Mummy Range and Specimen Mountain. water court determines (as the water court to all unappropriated water, then those exist- This portion of the wilderness extends to the in the east already has) that the federal gov- ernment already has reserved water rights to ing rights shall be deemed sufficient to serve park’s north boundary, adjoining the exist- ing Comanche Peak Wilderness on the Roo- all previously unappropriated water in the as the wilderness water rights, too. This sevelt National Forest. western portion of the park, then those means that there will be no need for any cost- A relatively small section of the wilderness water rights, too, would be deemed sufficient ly litigation to legally establish new water lies between Fall River Road and Trail Ridge to satisfy the reservation of new wilderness rights that have no real meaning. Right now, Road, and includes approximately 4,300 water rights for that portion of the park. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E7 However, as a legal and practical matter, Requirement to Recruit in the U.S. Labor eligible Americans voted, the lowest voter the Colorado-Big Thompson Project of the Market (Section 2(a)(3)—Each petitioning turnout since 1924. More than 90 million reg- Bureau of Reclamation has senior water employer will have to attest that it had at- istered voters failed to vote. rights outside and downstream from the tempted to recruit a U.S. worker, offering at While voter apathy under motor voter is un- park that are so extensive that the project least 100 percent of the actual wage or 100 has a perpetual call on all water flowing into percent of the prevailing wage, whichever is settling, there is another, more compelling, the Colorado River and its tributaries from greater, paid by the employer for such work- reason to rethink the soundness of the law. It all portions of the national park west of the ers, as well as the same benefits and addi- has allowed for voter fraud on a national Contential Divide. As a result, it is not pos- tional compensation provided to similarly- scale. The law does not contain a provision to sible under Colorado law for anybody to ac- employed workers by the employer. preclude illegal registration and voting. More- quire new consumptive water rights within Special rules for Dependent employers over, motor voter creates obstacles for State the western half of the park, so there could (Section 2(b))—A petitioning employer who election officials who are dedicated to main- is dependent on H–1B workers (4 or more H– not be any new water development that taining the accuracy of their voter rolls. It re- could be affected by the new wilderness 1B employees in a workforce of less than 41 water rights. workers or at least 10 percent of employees if quires States to keep registrants who fail to Further, of course, the new wilderness at least 41 workers): vote or who are unresponsive to voter reg- water rights would be only for in-stream a. would have to take ‘‘timely, significant, istration correspondence to be maintained on flows (not for diversion and/or consumption), and effective steps’’ to recruit and retain suf- voter registration rolls for years. As a result, and therefore would amount only to a guar- ficient U.S. workers to remove as quickly as children, cats, dogs, a pig, deceased people, antee or continued natural water flows reasonably possible the dependence on H–1B and noncitizens registered to vote. In North through and out of the park. Once water foreign workers. Carolina, thanks to motor voter, a 14-year-old leaves the park, it would continue to be b. would be required to pay an annual fee available for appropriation for other pur- (based on the H–1B’s annual compensation) boy registered and voted. Mr. Speaker, partici- poses of the same extent as it is now. in order to employ an H–1B worker—5% in pation in the electoral process is one of our EXISTING WATER FACILITIES the first year; 7.5% in the second, and 10% in most precious rights of citizenship. We should Boundaries for the wilderness designated the third. Fees will be paid into private in- not make a mockery of voting by unneces- in this bill are drawn to exclude existing dustry—specific funds that would use the sarily exposing it to fraud. water storage and water conveyance struc- money solely to finance training or edu- The National Voter Registration Act is noth- tures, assuring continued use of Grand River cation programs for U.S. workers to reduce ing more than a costly and dispensable Fed- Ditch and its right-of-way; the east and west the industry’s dependency on foreign work- eral mandate on the States. The States carry portals of the Adams Tunnel of the Colorado- ers. Increased penalties (Section 2(c)—Pen- the responsibility of administering all elections. Big Thompson Project (CBT); CBT gaging They should, therefore, be allowed to exercise stations; and Long Draw Reservoir. The bill alties are increased for false H–1B employer includes an explicit provision guaranteeing attestations. their discretion over registration procedures that it will not restrict or affect the oper- Job contractors obligations (Section free of unwarranted Federal intervention. ation, maintenance, repair, or reconstruc- 2(a)(5))—Petitioning employers who are job Motor voter has been tested and it failed tion of the Adams Tunnel, which diverts contractors (as defined by the Department of miserably. I strongly encourage my colleagues water under Rocky Mountain National Park Labor), would be required to make the same to join me in repealing the law. attestations as would the direct employers. (including lands that would be designated as f wilderness by the bill). The bill also deletes Peirod of admission reduced (Section a provision of the original national park des- 2(d)(2))—The maximum stay under an H–1B TRIBUTE TO THE LATE BRIAN D. ignation legislation that gives the Bureau of visa is reduced to 3 years, instead of the ex- MYERS, SR. Reclamation unrestricted authority to de- isting 6 years. velop water projects within the park. Residence abroad requirement (Section 2(e))—H–1B workers required to have a resi- f HON. GERALD B.H. SOLOMON dence abroad that they have no intention of OF NEW YORK abandoning. PROTECTING AMERICAN WORKERS IN THE HOUSE OF REPRESENTATIVES For many years the hardworking American ACT OF 1997 Tuesday, January 7, 1997 worker has been forced to compete with HON. JOHN CONYERS, JR. underpriced foreign workers. The current H± Mr. SOLOMON. Mr. Speaker, it's with the OF MICHIGAN 1B program allows this unfair competition to deepest sorrow that I note the loss of a volun- IN THE HOUSE OF REPRESENTATIVES occur even on our own soil. I urge the expedi- teer fireman in the line of duty in our district on the first day of the year. Tuesday, January 7, 1997 tious adoption of this measure during the 105th Congress. Brian D. Myers, Sr., was a hero in every Mr. CONYERS. Mr. Speaker, the Protecting f sense of the word. They are all heroes, these American Workers Act of 1997 will reform the men and women from all walks of life who current temporary employment immigration H± REPEAL THE NATIONAL VOTER give so generously of their time and who, as 1B program and eliminate abuses by employ- REGISTRATION ACT Brian Myers' loss reminds us, risk their lives to ers which hurt American workers. A recent give their rural communities outstanding fire audit by the Department of Labor's inspector HON. BOB STUMP protection. general found that the programs which allow OF ARIZONA Brian Myers, Sr., was a member of the entry to thousands of temporary and perma- IN THE HOUSE OF REPRESENTATIVES Schuyler Hose Co., which responded to a res- nent foreign workers fail to adequately protect taurant fire on New Year's Day. The details the jobs, wages, and working condition of U.S. Tuesday, January 7, 1997 are still not known, but we do know that Myers workers. Mr. STUMP. Mr. Speaker, I am again intro- was last seen inside the burning structure For far too long, employment based immi- ducing legislation to repeal the National Voter fighting the blaze. His son, Brian Jr., and an- gration has been used to displace American Registration Act of 1993, the so-called ``motor other fireman were also injured. workers, instead of filling temporary employ- voter'' bill. Mr. Speaker, as a former volunteer fireman ment shortages. My legislation will permit the The law went into effect on January 1, myself in my hometown of Queensbury for Department of Labor to administer an employ- 1995. It requires States to establish voter reg- over 20 years, I know the sacrifices these vol- ment based immigration program that serves istration procedures to allow individuals to reg- unteers make. Every year, they save count- the temporary needs of employers while at the ister to vote through the mail and when they less lives and billions of dollars worth of prop- same time protecting the American worker. are conducting other government-related busi- erty in New York State alone. Their dedication The bill will amend the H±1B skilled tem- ness, such as applying for a driver's license or is matched by their increasing professionalism. porary visa program as follows: at certain public assistance agencies. We owe them an enormous debt of gratitude. No-Layoff provision to the H–1B program Supporters of motor voter have argued that Tragically, our debt to Brian Myers, Sr., cannot (Section 2(a)(2))—Under this section of the easing voter registration requirements would be repaid. bill an employer will have to attest that an invigorate voter turnouts. However, as last Typical of volunteer firemen, Myers was ac- American worker was not laid off or other- wise displaced and replaced with H–1B non- year's elections clearly displayed, the law did tive in other community endeavors, especially immigrant foreign workers within 6-months not meet its goal. Although massive numbers at his church. He will be missed by his family, prior to filing or 90 days following the appli- of new voters were placed on the rolls under his fire company, and his community. cation and within 90 days before or after the motor voter, they did not take the initiative to Mr. Speaker, I ask all members to join me filing of a petition based on that application. cast their ballots. In fact, a mere 49 percent of in expressing heartfelt condolences to his E8 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 widow, Ronalee, and the rest of the family, way. It will merely provide an opportunity for sports combinedÐincluding the 1994±95 strike and a posthumous salute to a fallen hero, the consumers of Internet services to protect which ended the possibility of a World Series Brian D. Myers, Sr., of Schuylerville, NY. their privacy if they so wish. After all, the pres- for the first time in 90 years and deprived our f ervation of our privacy is one of our Nation's cities of thousands of jobs and millions of dol- most cherished freedoms, which unchecked lars in tax revenuesÐwe can no longer afford CONSUMER INTERNET PRIVACY technology must not be allowed to circumvent. to treat professional baseball in a manner en- PROTECTION ACT OF 1996 f joyed by no other professional sport. The bill I am introducing today is based on HON. BRUCE F. VENTO END THE ABUSE OF PUSH POLLS a legislation approved by the Senate Judiciary OF MINNESOTA Committee last Congress and is similar to leg- IN THE HOUSE OF REPRESENTATIVES HON. JOSEPH R. PITTS islation adopted by the House Judiciary Com- OF PENNSYLVANIA mittee during the 103d Congress partially re- Tuesday, January 7, 1997 pealing the antitrust exemption. Because con- IN THE HOUSE OF REPRESENTATIVES Mr. VENTO. Mr. Speaker, the age of the cerns have previously been raised that by re- Internet puts more and more Americans on- Tuesday, January 7, 1997 pealing the antitrust exemption we could lineÐevolving faster than we ever imagined. Mr. PITTS. Mr. Speaker, in recent years, somehow be disrupting the operation of the Each day new companies and industries grow many campaigns have used unsubstantiated minor leagues, or professional baseball's abil- out of the constant technological innovation allegations against an opponent in their polls. ity to limit franchise relocation or jointly nego- that has come to symbolize this information While these push polls may be sound politics tiate network broadcasting arrangements, the superhighway. The Internet has reached into to some, I believe that the use of negative, legislation carefully eliminates these matters our schools, businesses, and homes. It has al- suggestive, and unfounded information in a from the scope of the new antitrust coverage. lowed average Americans sitting in the privacy poll fails to meet the democratic goal of per- After advocating repeal of the exemption for of their living rooms to connect with and ex- suading voters with truth and fairness. many years, I believe the time is finally ripe for plore the world. The Internet provides us with That's why I introduced the Push Poll Dis- enactment of this legislation. In the past some entertainment, information, and communica- claimer Act today. This bill will discourage the legislators had objected to legislating in this area because of their hesitancy to take any tion. But with all the wonders of the Internet practice of slandering a candidate in a Federal action which could impact the ongoing labor comes the potential for problems. Today, I am election under the guise of a legitimate poll. dispute. But because the owners and players introducing the Consumer Internet Privacy The Push Poll Disclaimer Act will require that have recently agreed to enter into a new col- Protection Act of 1997 in an effort to address any person or organization conducting a poll lective bargaining agreement, this objection no just one such glaring problem. by telephone give the source of any informa- To gain access to the Internet's endless longer exists. tion provided in the poll, or a statement that In addition, the baseball owners have web of sites, users must work through an there is no source if this is the case. Further, agreed to work with the players to seek a par- Internet provider or server. While these serv- my bill will require that the identity of the per- tial repeal of the antitrust exemption as part of ers provide a valuable service to their cus- son or group sponsoring the poll, as well as their new labor accord. Their memorandum of tomers, they are also capable of collecting an the identity of the caller, be disclosed. understanding provides, ``[t]he clubs and the enormous amount of personal information Mr. Speaker, it is vital that we work together [Major League Baseball Players Association] about these individual consumers. Besides the to reduce the negative impact push polls have will jointly request and cooperate in lobbying personal information an Internet server may on the Federal election process. I urge that the Congress to pass a law clarifying that collect when they enroll a subscriber, servers the provisions in my bill be included in the Major League baseball players are covered are also capable of identifying the sites their larger campaign finance reform bill which is under the antitrust laws (i.e., that major league subscribers visit. Without doubt such informa- expected to be considered this Congress. I players will have the same rights under the tion would be quite valuable to those inter- thank the Speaker, and look forward to work- antitrust laws as do other professional ath- ested in marketing, while providing servers ing with him during the 105th Congress on this letes, e.g., football and basketball players), with yet another source of revenue for provid- important issue. along with a provision which makes it clear ing such personal and private information f that passage of the bill does not change the about consumers. The resultÐsubscribers are application of the antitrust laws in any other inundated with junk mail and/or e-mail, based BASEBALL FANS AND COMMU- context or with respect to any other person or on such sales of their profiles to third parties. NITIES PROTECTION ACT OF 1997 entity.'' My legislation is intended to inform and pro- I have asked that the bill be introduced as tect the privacy of the Internet user by requir- HON. JOHN CONYERS, JR. H.R. 21, in honor of the courageous center ing servers to obtain the written consent of OF MICHIGAN fielder, Curt Flood. Mr. Flood, one of the their subscribers before disclosing any of their IN THE HOUSE OF REPRESENTATIVES greatest players of his time, risked his career personal information to third parties. In addi- when he challenged baseball's reserve clause tion, my bill requires a server to provide its Tuesday, January 7, 1997 after he was traded from the St. Louis Car- subscribers access to any personal informa- Mr. CONYERS. Mr. Speaker, today I am in- dinals to the Philadelphia Phillies. Although tion collected by the server on its users, along troducing the ``Baseball Fans and Commu- the Supreme Court rejected Flood's challenge with the identity of any recipients of such per- nities Protection Act of 1997.'' It is time that in 1972, we all owe a debt of gratitude for his sonal information. Congress finally steps up to the plate and willingness to challenge the baseball oligarchy. While this bill addresses many concerns, I ends baseball's antitrust exemption which was Professional baseball is now a more than $2 do not view this legislation as a final draft, at the root of the debilitating strike of 1994±95. billion annual business and the time has long complete with every detail, but rather as a first Professional baseball is the only industry in since passed when it could be contended that step down a road we are bound to travel. Ob- the United States that is exempt from the anti- baseball did not constitute ``interstate com- viously, issues involving the Internet are new trust laws without being subject to alternative merce.'' There is bipartisan support in both the and complex and deserve careful and thought- regulatory supervision. This circumstance re- House and Senate for taking action on this ful consideration. The Internet touches an in- sulted from an erroneous 1922 Supreme Court issue, and I look forward to Congress finally credible and increasing number of people and decision holding that baseball did not involve repealing the longstanding anomaly of base- industries, and it is clear that the perspective ``interstate commerce'' and was therefore be- ball's antitrust exemption. and input from these interests are vital to the yond the reach of the antitrust laws. Congress f success of this process. has failed to overturn this decision despite THE STATE WATER SOVEREIGNTY As the Internet becomes a more integral subsequent court decisions holding that the PROTECTION ACT part of our daily lives, it is important that we other professional sports were fully subject to in Congress take a commonsense approach, the antitrust laws. like this proposed legislation, to ensure the There may have been a time when base- HON. MICHAEL D. CRAPO OF IDAHO citizens of our Nation are able to benefit and ball's unique treatment was a source of pride IN THE HOUSE OF REPRESENTATIVES retain a voice in the use of this technology and distinction for the many loyal fans who without involuntarily sacrificing their personal loved our national pastime. But with baseball Tuesday, January 7, 1997 privacy. My legislation will not hamper the suffering more work stoppages over the last Mr. CRAPO. Mr. Speaker, I rise to introduce growth and innovation of the Internet in any 25 years than all of the other professional the State Water Sovereignty Protection Act, a January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E9 bill to preserve the authority of the States over caused him to reluctantly leave the family farm Mr. Speaker, I look forward to working with waters within their boundaries, to delegate the business he so loved. You see, a tragic farm- my colleagues in the 105th Congress to enact authority of the Congress to the States to reg- ing accident cost Ray his leg. Yet, as he this legislation. ulate water, and for other purposes. recuperated at his home, I paid him a visit f Since 1866, Congress has recognized and along with the current town supervisor, John deferred to the States the authority to allocate Murphy. It was there, in the face of so much CREATION OF A ‘‘RETIREE VISA’’ and administer water within their borders. The adversity that Ray decided to serve the com- Supreme Court has confirmed that this is an munity he so loved and run for town super- HON. BILL McCOLLUM appropriate role for the States. Additionally, in visor of Hoosick. Little did we know then that OF FLORIDA 1952, the Congress passed the McCarran his decision would bear a second career of 23 IN THE HOUSE OF REPRESENTATIVES years in public service. Not only did Ray go on amendment which provides for the adjudica- Tuesday, January 7, 1997 tion of State and Federal water claims in State to two successful terms as town supervisor, water courts. but he served as the town clerk from 1977 Mr. McCOLLUM. Mr. Speaker, I am intro- However, despite both judicial and legisla- until just this past December 31, 1996, when ducing legislation to create a retiree visa for tive edicts, I am deeply concerned that the ad- he retired from public service. But those of us various people who would like to spend some ministration, Federal agencies, and some in who know him know that Ray will still be seen of their retirement years in the United States. the Congress are setting the stage for ignoring about town, whether it be at church, or at the Let me give you an example of how this will long established statutory provisions concern- many civic organizations he also belongs to work by using August and Gerda Welz as an ing State water rights and State water con- and has served. example. tracts. The Endangered Species Act, the I've always been one to judge people based August and Gerda Welz have spend more Clean Water Act, the Federal Land Policy on what they return to their community. Ray than $380,000 in the United States since tak- Management Act, and proposed wilderness Calhoun has given all he can and then some. ing up a residence in Palm Coast, FL, 3 years legislation have all been vehicles used to But to me Mr. Speaker, he's even more than ago. Native Germans, the Welzs saw Florida erode State sovereignty over its water. that. Ever since my mother and I were left by as an ideal place to spend their retirement It is imperative that States maintain sov- my natural father shortly after I was born, I years, with its pleasant climate and sound ereignty over management and control of their have always looked to men I admire as a fa- economy. They own a home, pay taxes, and water and river systems. All rights to water or ther figure. For me, Ray has always been just volunteer in the community. reservations of rights for any purposes in such a father image. Someone I more than What they did not realize, however, was States should be subject to the substantive admire, someone I have tried to model myself how many problems they would encounter in and procedural laws of that State, not the Fed- after in life. meandering through the United States' immi- eral Government. To protect State water Mr. Speaker, we all would do ourselves and gration laws. rights, I am introducing the State Water Sov- our communities a great service to model our- To encourage more business and tourist ereignty Protection Act. selves after Ray Calhoun. At this time, I would travel to the United States, the Immigration f ask that you and all Members of the House and Naturalization Service established the rise with me and the town of Hoosick, NY, in Visa Waiver Pilot Program [VWPP], which has RAY CALHOUN DAY CELEBRATED recognition of a great American on his day, benefited many citizens from eligible countries. IN CONGRESS Ray Calhoun Day, to be celebrated this Janu- Narrow in scope, however, it only pertains to ary 12, 1997. those who come to the United States for 90 HON. GERALD B.H. SOLOMON f days or less. Couples such as the Welzs rep- resent the growing number of foreign travelers OF NEW YORK INTRODUCING CROWN JEWEL who wish to stay for an extended period of IN THE HOUSE OF REPRESENTATIVES LEGISLATION time or even retire in the United States. Unfor- Tuesday, January 7, 1997 tunately, they must still jump through an un- Mr. SOLOMON. Mr. Speaker, every now HON. JENNIFER DUNN reasonable number of hoops. and then, you come across an individual who OF WASHINGTON Having to navigate through such a complex exemplifies the spirit and ethics on which this IN THE HOUSE OF REPRESENTATIVES set of rules and regulations is an unnecessary country was found. Ray Calhoun from the Tuesday, January 7, 1997 disincentive to foreign tourists looking to retire town of Hoosick, NY, in my congressional dis- Ms. DUNN. Mr. Speaker, it gives me great in the United States. My legislation would help trict is just such a man in every aspect of his pleasure today to introduce the Crown Jewel remedy this. life. I have had the privilege of knowing Ray National Parks Act. This legislation will require The proposed visa would be available to for better than a quarter of a century now in the President to submit a specific budget re- citizens from those countries participating in both public and private life and it is with great quest for our 54 national parks so that for the the VWPP, as well as Canada. This diverse pride that I call him friend. first time, our national parks would have their group includes countries such as Japan, Mr. Speaker, there are so many things I ad- own specific and separate line-item to ensure Spain, and Germany. Applicants would have mire about Ray I don't even know where to that their funding is a top priority. to be at least 55 years of age, own a resi- start so why not with the beginning. Ray was We are truly blessed in this Nation with a dence in the United States, maintain health born on Christmas eve 1922 and raised on his national park system that is second to none coverage, and receive income at least twice father's dairy farm. They were a family farm and serves this Nation as one of the top vaca- the Federal poverty level. The applicant would and supplied local citizens and stores with tion choice of families, individuals and visitors also be required to maintain a residence in his fresh milk. As was typical at the time, Cal- world-wide. or her country of citizenship. houn's farm became part of the fabric of the In my State of Washington, we have the Perhaps the most attractive feature is that local community as the Calhoun's, Ray and good fortune of having three national parks. the visa would be valid for up to 4 years, alle- his father and brother, became renowned for Mount Rainier National Park, the North Cas- viating the burdensome expense of frequent their service and pride in their work. cades National Park, and the Olympic National travel. It would be renewable as long as the Ray remained on that farm for the first 50 Park. Like many of our older national parks, application was filed from the retiree's country years of his life. It was there, rising at the they are suffering from lack of funding creating of citizenship. crack of dawn, plowing and tending to the maintenance and construction backlogs that Mr. Speaker, it is important to clarify that the fields, harvesting the crops, and looking after continue to build up year after year. Also, the proposed visa would only be available to non- the herd that Ray Calhoun, the man, was popularity of our parks has increased dramati- immigrants, and would not provide work au- shaped. cally over the last decade and funding for thorization or eligibility for any Federal means- So it seems to me, Mr. Speaker, that we roads and trails has not kept pace. tested programs. In its simplest terms, the visa owe a lot to that farm. For it was there that While we significantly increased funding for would serve as a much needed mechanism in Ray Calhoun developed his tremendous work the National Park Service in the 104th Con- which foreign retirees would have the oppor- ethic, his inner pride, and most importantly to gress, we must not allow money from one tunity to comfortably reside in the United those in Hoosick and the surrounding area, his park account to be haphazardly moved to an- States. willingness to do more than the norm. other without any constraints. Our national It goes without saying that ensuring proper Mr. Speaker, nothing better exemplifies parks are too important to be left to the discre- immigration procedures is critical to our Na- Ray's pride and resolve than the event that tion of bureaucrats. tion's well-being. Still, there is absolutely no E10 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 reason to discourage anyone from coming to With brutality on the other hand, these days, According to the Government Accounting FloridaÐor anywhere else in the United incidents of brutality at least come to light. The Office [GAO], tuition at 4-year public colleges StatesÐto retire. culprits may not be punished for their acts, but and universitiesÐwhere two-thirds of U.S. col- Foreign travelers supply a healthy boost to it is getting harder for the police to brutalize lege students attend classesÐhas increased our economy, and are an important part of minorities without any fear of reprisals. 234 percent over the past 15 years. In con- many of our communities. By simplifying the The same cannot be said for harassing traf- trast, median household income rose only 82 process for this unique group of retirees, this fic stops. Police can stop the cars of minorities percent and the cost of consumer goods rose proposal would provide new and exciting op- with total impunity. In fact, the Supreme Court just 74 percent in the same period. GAO also portunities to couples such as the WelzsÐa recently expanded police powers by holding has found that increases in grant aid have not practice that would benefit all parties involved. that police need not inform individuals stopped kept up with tuition increases at 4-year public f that they have a right not to consent to a colleges. As a result, families are relying more search of their vehicles. on loans and personal finances to pay for TRAFFIC STOPS STATISTICS ACT Thus it appears that the problem of police school. For example, in fiscal year 1980, the stops is only going to increase. For this rea- average student loan was $518; in fiscal year HON. JOHN CONYERS, JR. son, I am introducing the Traffic Stops Statis- 1995, it rose to $2,417, an increase of 367 OF MICHIGAN tics Act. This bill will force police departments percent. IN THE HOUSE OF REPRESENTATIVES to keep track of the race and alleged traffic in- The U.S. Department of Education reports Tuesday, January 7, 1997 fractions of those they stop. It will also require that for the 1994±95 academic year, annual them to note the rationale for any subsequent undergraduate charges for tuition, room, and Mr. CONYERS. Mr. Speaker, African-Ameri- search and the contraband recovered in the board were estimated to be $5,962 at public cans across the country are familiar with the course of that search. In this way, we will in- colleges and $16,222 at private colleges. Be- offense of DWB, driving while black. There are crease police awareness of the problem of tween 1980 and 1994, college tuition, room, virtually no African-American malesÐincluding targeting minorities for car searches and we and board at public institutions increased from Congressmen, actors, athletes, and office can discover the extent of the problem and 10 to 14 percent of median family incomeÐfor workersÐwho have not been stopped at one hopefully reduce the number of discriminatory families with children 6 to 17 years old. At pri- time or another for an alleged traffic violation, traffic stops. vate institutions, these costs increased from namely driving while black. f 23 to 41 percent of median family income be- Law enforcement representatives may admit tween 1979 and 1993. to isolated instances of racially targeted police INTRODUCTION OF THE HIGHER Mr. Speaker, making higher education more stops, but they deny that such harassment is EDUCATION ACCUMULATION affordable for more families must be a top pri- routine. the numbers belie this argument. Al- PROGRAM ACT OF 1997 ority for the 105th Congress. I urge my col- though African-Americans make up only 14 leagues to join me in this effort to provide a percent of the population, they account for 72 HON. ANNA G. ESHOO much-needed helping hand to American fami- percent of all routine traffic stops. This figure OF CALIFORNIA lies. is too outrageous to be a mere coincidence. IN THE HOUSE OF REPRESENTATIVES f The Ninth Circuit Court of Appeals reached a similar conclusion after considering the 1993 Tuesday, January 7, 1997 REPEAL THE ESTATE TAX case of a Santa Monica police officer who was Ms. ESHOO. Mr. Speaker, I rise today to found to have violated the rights of two black renew my drive to help parents save for their HON. JOSEPH R. PITTS men he stopped and arrested at gunpoint. The children's higher education by introducing the OF PENNSYLVANIA court found that the case was an example of Higher Education Accumulation Program IN THE HOUSE OF REPRESENTATIVES how police routinely violate the constitutional [HEAP] Act of 1997. This initiative, which I rights of minorities, particularly black men, by also introduced in the prior two Congresses, Tuesday, January 7, 1997 stopping them without just cause. establishes special IRA-like savings accounts Mr. PITTS. Mr. Speaker, today I introduced But lawsuits alone cannot solve this prob- so that parents are motivated to save for their a bill to repeal the estate tax which has bur- lem. Last November, the American Civil Lib- children's higher education. dened so many farmers and small business erties Union sought a fine for contempt of There is no greater investment that families owners in the 16th District of Pennsylvania. court against the Maryland State police, argu- can make in their future than giving their chil- With the repeal of this tax, more families in ing that police are still conducting a dispropor- dren a chance to pursue higher education. Un- Lancaster and Chester Counties can hold onto tionate number of drug searches of cars driv- fortunately, tuition increases have made col- their hard-earned family legacies. en by African-Americans almost 2 years after lege unaffordable for so many families. As a Mr. Speaker, the estate tax is one of Ameri- agreeing to stop as a result of a 1992 lawsuit. result, families are being forced to go deeper ca's most illogical taxes. After a person's Despite the agreement, State police statis- into debt or tap into their life savings in order death the IRS collects between 37 and 55 per- tics show that 73 percent of cars stopped and to give their children a chance to prepare cent of all assets transferred which are valued searched on Interstate I±95 between Baltimore themselves for the 21st century. at more than $600,000. The ``death tax'' dis- and Delaware since January 1995 were con- Under my initiative, parents can deposit up courages savings, penalizes the sound prac- ducted on the cars of African-Americans de- to $5,000 per year tax deferred in a HEAP ac- tices of capital formation and investment, and spite the fact that only 14 percent of those count for their child's college or other higher puts many family owned farms and busi- driving along that stretch were black. More- education. Only one child can be the bene- nesses in jeopardy after the loss of a loved over, police found nothing in 70 percent of ficiary of each HEAP accounts. While multiple one. those searches. HEAP accounts could be established by a In addition, Mr. Speaker, the estate tax is The evidence clearly shows that African- family, parents would be limited to a maximum expensive to collect. The IRS spends approxi- Americans are being routinely stopped by po- tax deferment of $15,000 per year. Married mately 65 percent of the revenue it collects lice simply because they are black. It is ex- parents filing separate returns would be limited from this tax on enforcement of the estate tax actly this sort of unfair treatment that leads mi- to $2,500 in deferments per account, up to a code. Further, the estate tax accounts for less norities to distrust the criminal justice system. maximum of $7,500. than 1 percent of annual Federal revenue. Fi- If we expect everybody to abide by the rules, With a HEAP account, one-tenth of any nally, it is expected that the repeal of this tax we must ensure that those rules are applied amount withdrawn for educational expensesÐ could create an increase in revenue for the equally to everybody, regardless of race. including tuition, fees, books, supplies, meals, Federal Government in the future, as families In many ways, this sort of harassment is and lodgingÐat eligible institutions would be will be able to invest their savings and gen- even more serious than police brutality. Not to included in the gross income of the beneficiary erate more taxable income. minimize the problem of brutality, but these for tax purposes each year over a 10-year pe- Mr. Speaker, the reason many people work stops, this sort of harassment is more insid- riod. If a person withdrew money from a HEAP so hard is to make life better for their children. ious. Almost every African-American man will account for purposes other than paying for New businesses, especially minority-owned be subject to this sort of unfair treatment at higher education, that money would be subject firms, face enough obstacles without having least once, if not many times. And no one to a 10-percent penalty on top of the income the rewards of hard work snatched away at hears about this, no one does anything about tax rate that would apply at the time of with- the end of the first generation. I think it's time it. drawal. that we give control of life savings back to the January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E11 people who have earned them. Let's make policy or practical perspective. The ability to THE FAIR TRADE OPPORTUNITIES ACT sure that farms that have stayed in the family export software, accompanied by a right to re- Introduced by Representative Doug Bereu- for generations aren't sold off due to a bad tax produce that software in the local market, is ter (R–NE) on January 7, 1996.—This legisla- policy. Let's end the outrageous practice of essential to the way the software industry tion was introduced in the last few days of punishing thrift and financial security. Let's does business. Denying the benefits of the the 104th Congress as the Fair Trade Oppor- tunities Act (H.R. 4289). It was slightly modi- end the bias against savings and capital for- FSC rules to software exported through estab- fied, and then reintroduced on the first day mation. Let's encourage saving, investment, lished industry distribution networks poses an of the 105th Congress. and sound, life-long financial management impediment to the competitiveness of U.S. Eliminates outdated U.S. trade law dis- which can provide for a family past a single manufactured software. tinction between ‘‘market’’ and ‘‘nonmar- generation. Let's repeal the estate tax and The United States is currently the world ket’’ economies and replaces it with a more empower our Nation's families. leader in software development, employing appropriate distinction in the post-Cold War f hundreds of thousands of individuals in high- Era between member and nonmember coun- wage, high-skilled U.S. jobs. Much of the ex- tries of the World Trade Organization STATEMENT ON THE INTRODUC- pansion of the industry is due to the growth of (WTO).—Under current U.S. trade law, mar- ket economy countries receive normal tariff TION OF THE SOFTWARE EX- exports. The software industry, like other U.S. PORT EQUITY ACT status automatically and nomarket economy exports, needs FSC benefits to remain com- countries must go through an annual Jack- petitive and keep U.S. jobs here at home. son-Vanik certification process. The Fair HON. JENNIFER DUNN FSC benefits are extremely important in en- Trade Opportunities Act replaces this Cold OF WASHINGTON couraging small and medium-sized software War Era distinction with two categories of IN THE HOUSE OF REPRESENTATIVES companies to enter the export market by help- tariffs—normal tariff status for WTO mem- bers and potential ‘‘snap-back’’ tariffs for Tuesday, January 7, 1997 ing them equalize the cost of exporting. In ad- dition, FSC benefits are needed to help keep non-WTO countries. Ms. DUNN. Mr. Speaker, on this, the first Abolishes annual Most-Favored Nation high-paying software development jobs in the (MFN) process for 17 countries which require day of the 105th Congress, I introduce the United States at a time when foreign govern- Software Export Equity Act and urge my col- annual waiver or certification of compliance ments are actively soliciting software compa- with Jackson-Vanik requirements.—The leagues to support its swift enactment. The nies to move those jobs to their countries. I do President will no longer have to certify that Software Export Equity Act enjoys tremendous not propose any special or unique treatment, these 17 countries meet Jackson-Vanik re- bipartisan support as demonstrated by the nor seek any new or special tax benefit. All quirements before they are entitled to MFN members that join me as original cosponsors, that I propose in this measure is fair treatment or normal tariff status. Also, Congress’ self- Messrs. MATSUI, HERGER, JEFFERSON, CRANE, under existing law. imposed, annual review of the President’s certification is eliminated. [Congress retains NEAL of Massachusetts, MCCRERY, If the goal of this Congress is to pass legis- MCDERMOTT, ENGLISH of Pennsylvania, and Constitutional right (Article 1, Section 8) to lation promoting economic opportunity and raise tariffs on any country at any time.] WELLER. growth in America, then common sense dic- Abolishes Smoot-Hawley (Column #2) tar- Today, the U.S. software industry is a vital tates that we enact the Software Export Equity iffs for all countries except those countries and growing part of the U.S. economy, export- Act. which have not concluded commercial agree- ing more than $26 billion worth of software an- f ments with the United States (i.e. Viet- nually. U.S. software companies perform a nam).—Realistically, these Smoot-Hawley majority of this development work here in the THE FAIR TRADE OPPORTUNITIES tariffs are only imposed on pariah, bad-actor United States. This measure will do more to ACT states, or countries which do not have com- ensure the competitivess of the U.S. software mercial agreements with the United States. industry worldwide than any other single legis- For political, economic, and domestic com- HON. DOUG BEREUTER mercial reasons, threats to impose Smoot- lative change we can enact. OF NEBRASKA Hawley tariffs on other countries are hollow Congress enacted the FSC rules to assist IN THE HOUSE OF REPRESENTATIVES and not taken seriously by foreign govern- U.S. exporters in competing with products ments. Despite the rancorous debates in Con- made in other countries which have more fa- Tuesday, January 7, 1996 gress over the extension of MFN to some vorable tax rules for exports. The FSC statute Mr. BEREUTER. Mr. Speaker, America's countries, Congress is also quite unlikely to was carefully crafted to ensure that only the precious trade leverage is being eroded by impose Smoot-Hawley tariffs because of the value-added job creating activity qualified for outdated trade laws which undermine our harm it would inflict on U.S. companies and FSC benefits. When the statute was enacted Government's credibility and provide little in- workers. Replaces Smoot-Hawley tariffs with broad in 1971, the U.S. software industry did not centive for countries to open their markets. and flexible Presidential authority to raise exist. However, due to a narrow IRS interpre- These laws desperately need to be revised. tariffs (snap-back) on countries which are tation of the FSC rules, the U.S. software in- Today, I have introduced legislation, the Fair not members of WTO.—On a one-time basis dustry is the only U.S. industry that does not Trade Opportunities Act, which abolishes the and within six-months of the enactment of generally receive this export incentive. Nearly MFN trade status process while giving the the legislation, the President is required to every other U.S. manufactured productÐfrom President of the United States broad but flexi- determine if non-WTO countries are ‘‘not ac- airplanes to toothpasteÐqualify for FSC bene- ble authority to raise tariffs on those countries cording adequate trade benefits’’ to the Unit- fits. Although the Treasury Department recog- which are not members of the World Trade ed States. If the President makes such a finding, then the President shall impose nized the inconsistency in providing FSC ben- Organization or which still prohibit emigration. snap-back tariffs on that country six-months efits to licenses of films, tapes and records, all American companies and workers deserve after the determination. In imposing snap- industries that were in existence when the law the right to compete for markets and consum- back tariffs, the President has wide discre- was created, but not to licenses of software, ers throughout the world. They deserve our tion to determine both the amount of the they stated their belief that this problem need- best effort to pry open foreign markets so they tariff and on which categories of products ed to be addressed in legislation rather than can freely sell their products and services. the snap-back tariffs will be imposed. How- by regulation. Treasury has further stated their Bluffing and posturing during Congress' an- ever, under no circumstances can the Presi- strong support for legislation to extend FSC nual MFN process does nothing to help them. dent exceed the legislation’s snap-back tariff ceiling which is the pre-Uruguay round MFN benefits for licenses of computer software. Giving countries which are not members of the tariff rates, i.e., the Column #1 tariff rates in To illustrate the inequitable IRS interpreta- World Trade Organization a ``free-ride'' to our effect on December 31, 1994. tion of FSC rules with regard to software ex- own markets without reciprocal benefits is not Enhances United States Trade Representa- ports, suppose we have two CD ROM'sÐone fair to American workers. tive’s negotiating leverage with countries containing a musical recording, the other con- The Fair Trade Opportunities Act responds which are not WTO members and provides a taining a multimedia software product that also to post-cold war realities by restoring U.S. strong incentive for those countries to liber- provides music. If the master of the musical trade sanction credibility and providing the alize their trade laws and practices and to recording is exported with a right to reproduce President with the tools to open foreign mar- improve their WTO accession offers.—Be- tween enactment of the legislation and the it overseas, the export qualifies for FSC bene- kets. It should be considered in the 105th President’s one-time, six-month determina- fits. If the master of the computer software is Congress if the U.S. Government hopes to re- tion and twelve-month imposition of snap- exported with a right to reproduce it overseas, claim America's precious trade leverage and back tariffs, this legislation gives those non- the export does not qualify for FSC benefits, give our export companies and workers equi- WTO countries time to modify their trade re- a result that makes no sense from either a table access to foreign markets. gimes so as to give American exporters a fair E12 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 chance to compete for consumers in their ing, then the President shall impose snap- for joint filers. This will provide not only incen- markets. After the President’s determina- back tariffs on China six-months after that tives, but needed tax relief for the middle tion and imposition of tariffs, the Fair Trade determination. In imposing snap-back tar- class. Again, these levels are indexed to infla- Opportunities Act gives the President the iffs, the President has wide discretion to de- authority to withdraw the snap-back tariffs termine both the amount of the tariff and on tion. if that country either joins the WTO or the which categories of products the snap-back Turning to 401(k) reforms, currently folks President certifies that the country is ac- tariffs will be imposed. However, under no are hit with tax liability when taking their cording the United States adequate trade circumstances can the President exceed the 401(k) benefits as a lump sum when leaving benefits. In addition, the President can mod- legislation’s snap-back tariff ceiling which is a job even if it is rolled into an IRA. This is not ify, but not eliminate, the snap-back tariffs the pre-Uruguay round MFN tariff rates, i.e., fair. Therefore, under this proposal, people for any reason. the Column #1 tariff rates in effect on De- would not be exposed to tax liability if the Provides President with discretionary au- cember 31, 1994. lump sum distribution is rolled into an IRA thority to impose snap-back tariffs on coun- A study by the Congressional Research within 60 days. tries which unduly restrict emigration.—The Service estimates that if the President were legislation’s emigration standard which trig- to utilize his full snap-back authority on the Just as contribution limits have been in- gers the presidential snap-back authority is top 25 Chinese exports to the United States creased for IRA's in this legislation, they are identical to the current freedom of emigra- (based on 1995 figures), an additional $325 increased for 401(k) plans as well. The tax-de- tion language in the Jackson-Vanik law. million in tariff revenue would be generated ductible contribution limits would be $20,000Ð Does nothing to change current U.S. sanc- for the U.S. treasury. (This estimate is not in 1992 dollarsÐindexed to inflation. tions laws with regard to rogue or pariah adjusted to reflect any downward demand for This would also encourage more firms to states such as Cuba, Iran, Iraq, Libya, and the product due to the increased tariff.) establish defined contribution plans by inject- North Korea.—Many countries, such as the The President would be required to termi- ing some common sense into the law. It would pariah or bad-actor states, retain normal nate the imposed snap-back tariffs on China tariff status with the United States but are on the date China becomes a WTO member or allow firms to meet antidiscrimination require- prohibited from some or all trading with the on the date the President determines that ments as long as they provide equal treatment United States because of U.S. sanctions laws. China is according adequate trade benefits to for all employees and ensure that employees the United States, whichever is earlier. The are aware of the company's 401(k) plan. This THE FAIR TRADE OPPORTUNITIES ACT President would also be able to modify the is truly nondiscriminatory as everyone would COMMON QUESTIONS REGARDING THE LEGISLA- snap-back tariffs for any reason as long as be treated the same. TION’S IMPACT ON THE PEOPLE’S REPUBLIC OF the appropriate congressional committees Finally, this proposal would correct some of CHINA are notified. the serious problems involved with IRA's and What is Congressman Bereuter’s motiva- f 401(k)'s when the beneficiary passes away. tion for the bill?—During the Summer of 1996 A PLAN TO BOOST SAVINGS AND As someone who believes the estate tax is in- in the height of the China Most-Favored Na- herently unfair, indeed I advocate its abolish- tion (MFN) debate, Congressman Doug Be- INVESTMENT reuter (R-NE) promised an attempt to ‘‘end ment, I feel that IRA and 401(k) assets should [that] futile debate.’’ He also vowed to intro- be excluded from gross estate calculations. duce legislation which comprehensively HON. BILL McCOLLUM This bill would do that. Furthermore, an IRA solved the problems created by the MFN OF FLORIDA that is bequeathed to someone should be process, which with respect to China, he IN THE HOUSE OF REPRESENTATIVES treated as the IRA of the person who inherited said, only served to damage Sino-American Tuesday, January 7, 1997 it. Current law forces the disbursement of the relations. Not long after his statement, Be- IRA when the deceased would have turned reuter met with Administration officials and Mr. MCCOLLUM. Mr. Speaker, I am intro- 701¤2 years old. This would change that point- realized that many countries, as well as ducing a bill today which will help all Ameri- China, have little or no incentive to become less provision, allowing the inheritor to hold cans save for their retirement years. It is no the money in savings until he or she turns members of the World Trade Organization secret that our current savings rate is among because they already enjoy full WTO tariff 701¤2. benefits under U.S. MFN law. the lowest in the industrialized world. A low Similarly, anyone receiving 401(k) lump sum Recognizing that other countries, such as savings rate not only adversely impacts a per- payments as a result of a death would not the European Union, do not automatically son's retirement, it does not create much cap- have the amount counted as gross income as extend MFN benefits to nonmembers of the ital available for savings and investment. With- long as it is rolled into an IRA. That amount WTO, Bereuter’s legislation attempts to out this capital, our economy cannot expand would not be counted against the nondeduct- combine both a carrot (the equivalent of per- at its optimal rate. It is my hope that this legis- manent MFN, i.e. normal tariff status) and a ible IRA limit of $4,500. lation, if enacted, would help correct this prob- Mr. Speaker, I am excited about this legisla- stick (minor snap-back tariff increases) ap- lem. proach to induce countries into joining the tion. I expect to introduce this legislation again WTO and eventually gaining normal tariff My legislation would do several things. First, at the beginning of the next Congress and status permanently under U.S. law. This ap- it would increase the amount of money one look forward to hearing debate on it. It is ab- proach steers a delicate middle ground be- may contribute to an Individual Retirement Ac- solutely essential that we continue to encour- tween those who wish to assert America’s count [IRA], from $2,000 to $4,500, and still age personal savings and this is certainly a commercial and foreign policy interests receive full deductibility. This amount is also step in the right direction. more aggressively and those who believe indexed to inflation to protect its value from f American interests are best served by engag- that silent thief of inflation. ing countries, such as China and Russia, This would also remove a disincentive to es- PREVENTING GENETIC DISCRIMI- mutliaterally. Recognizing that the legislation is not tablishing an IRA, that being the fear that the NATION IN HEALTH INSURANCE China-specific, how would the Fair Trade Op- money will not be available without paying a portunities Act affect China’s current trade substantial penalty when you need it. A per- HON. LOUISE McINTOSH SLAUGHTER status and its WTO accession negotiations?— son with an IRA would be able to make with- OF NEW YORK If the Bereuter bill were signed into law, the drawals, without penalty, for a first home pur- IN THE HOUSE OF REPRESENTATIVES President of the United States would no chase, education expenses, long-term care, fi- longer have to annually certify that China nancially devastating health care expenses, Tuesday, January 7, 1997 was complying with the Jackson-Vanik law. and during times of unemployment. Further- Likewise, the United States Congress would Ms. SLAUGHTER. Mr. Speaker, I rise today not have an automatic, expedited procedural more, no taxes would be paid on these with- to announce the introduction of comprehen- mechanism for rejecting any Presidential de- drawals if they are repaid to the IRA within 5 sive legislation to prevent genetic discrimina- cision. [Although Congress may, at any time, years. tion in health insurance, an issue vital to the vote any amount of tariff increases on China Current law offers no incentive for many health of all Americans. because of its Constitutional authority in people to establish IRA's. My bill would allow Scientists are making astounding advances Article I, Section 8.] In short, the current people who do not have access to a defined almost daily in decoding the secrets of our China MFN process would be abolished. contribution planÐe.g., a 401(k) planÐto es- genes, especially through the contributions of On a one-time basis and within six-months of the enactment of the legislation, the tablish a tax-preferred IRA, regardless of their the Human Genome Project. Genes have al- President would be required to determine if income. The legislation would also encourage ready been identified for cystic fibrosis, pros- China is ‘‘not according adequate trade bene- the middle class to establish IRA's by raising tate cancer, multiple sclerosis, Huntington's fits’’ (defined in existing law) to the United the income phase-out levels from $25,000Ð disease, and many other conditions. As chair States. If the President makes such a find- $40,000 for joint filersÐto $75,000Ð$120,000 of the Women's Health Task Force of the January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E13 Congressional Caucus on Women's Issues, I health insurance. We should do so quickly and JOB SKILLS DEVELOPMENT ACT closely followed reports last year that in- decisively by passing the Genetic Information OF 1997 creased funding for breast cancer research Nondiscrimination in Health Insurance Act. had resulted in the discovery of the BRCA1 HON. JOE KNOLLENBERG gene linked to breast cancer. This knowledge f OF MICHIGAN has tremendous potential for improving the IN THE HOUSE OF REPRESENTATIVES ways we identify, treat, and hopefully cure dis- SALUTING DIXIE WILKS-OWENS Tuesday, January 7, 1997 orders. At the same time, there is also the very real possibility that this information could Mr. KNOLLENBERG. Mr. Speaker, I rise be used to discriminate against individuals. HON. ROBERT T. MATSUI today to introduce the Job Skill Development No American should have to worry that their OF CALIFORNIA Act of 1997. This is a narrowly tailored bill genesÐwhich they did not choose, and over IN THE HOUSE OF REPRESENTATIVES which amends the Fair Labor Standards Act which they have no controlÐwill be used [FLSA] of 1938 to ease some of the restric- against them. My legislation would prohibit Tuesday, January 7, 1997 tions on volunteering. health insurers from using genetic information Mr. MATSUI. Mr. Speaker, I rise today to The FLSA requires covered employers to to deny, refuse to renew, cancel, or change salute Dixie Wilks-Owens, who is retiring from compensate individuals defined as an ``em- the terms and conditions of coverage. It would the California Employment Development De- ployee'' with minimum wage and overtime. prevent insurance companies from requesting partment after 27 years of dedicated service. While there are numerous exceptions for vol- or requiring genetic tests, and would require Throughout her career, Mrs. Wilks-Owens has unteers, these exceptions primarily focus on written informed consent before an insurer earned a reputation among her peers as an humanitarian and charitable activities. Unfortu- may disclose genetic information to a third outstanding communicator and public servant nately, individuals seeking to gain valuable party. genuinely enthusiastic about her job and the work experience and exposure in a competi- These protections are absolutely critical, be- opportunities it provides to affect positive tive profession are often prohibited from doing cause genetic discrimination is already occur- change. so because of restrictions on volunteering. ring. Numerous individual cases have been re- The FLSA revolves around a complex Most recently, Mrs. Wilks-Owens served as ported in the press. In addition, polls and stud- scheme of regulations and exceptions. When chairperson of the 1996 Work Force Prepara- ies demonstrate clearly how much the Amer- the Department of Labor and the Federal tion Conference, a highly successful public ican people fear genetic discrimination by courts determine who is and is not exempt, forum on workforce preparation issues which health insurers. This anxiety is so strong that they take into account the type of services was held in conjunction with the Federation of many people are foregoing genetic testingÐ provided by the individual, who benefits from Conferences. even when they have a clear family history of the rendering of the services, and how long it genetic illness and a positive test could lead While at the office of work force policy, Mrs. takes to provide the services. Some of the them to take advantage of effective preventive Wilks-Owens was staff to the State job training most common exceptions are for trainees or medicine. coordinating councils' planning committee. student learners better known as interns. This is a human tragedy Congress can and She prepared agendas and policy issue pa- These exceptions were developed because of must prevent. In the 104th congress, I intro- pers, analyzed Federal and State legislation their educational benefit as well as the poten- duced similar legislation which garnered 76 and made presentations to the SJTCC, task tial to learn valuable skills for future employ- cosponsors and was endorsed by a wide forces, and other committees on work force ment. range of health and consumer groups, includ- preparation issues. However, just as the FLSA protects some, it ing: Alzheimer's Association, American Acad- Prior to this position, Mrs. Wilks-Owens was can be an obstacle for others. Capitol Hill pro- emy of Pediatrics, American Cancer Society, the manager and assistant deputy director of vides an excellent example. Each year hun- American Heart Association, American Medi- the EDD Marketing Services Office. In this dreds of college and high school students cal Women's Association, American Nursing role, she is noted for having developed the travel to Washington, DC, for interships. Many Association, American Public Health Associa- first biennial strategic marketing plan and for of these positions are unpaid or offer a sti- tion, Center for Patient Advocacy, Council for writing and producing the EDD employee pend, well below the minimum wage and over- Responsible Genetics, Foundation on Eco- handbook. In addition, she was an integral time requirements. These individuals gain a nomic Trends, and March of Dimes. force in the planning, developing, and man- better understanding of the legislative process, Leadership Conference of National Jewish agement of a full-functioning reemployment develop office skills, and make contacts that Women's Organizations, which includes: center for displaced legislative staffers left un- are invaluable in securing employment. Mean- American Jewish Congress, Amit Women, employed by Proposition 140. Additionally, she while, the employer is able to evaluate the in- B'nai B'rith, Emunah Women of America, Ha- oversaw the planning and coordination of a tern in a work environment. For both it is a dassah, Jewish Labor Committee, Jewish War broad retraining and reemployment program win-win situation. Veterans, Jewish Women International, serving 5,000 former General Motors workers Two particular individuals on my staff volun- Na'amat USA, National Council of Jewish in Fremont, CA. teered in my office for several months before Women, Inc., National Jewish Community Re- Mrs. Wilks-Owens also served as a Federal they were hired on as full-time paid employ- lations Advisory Council, Union of American legislative specialist in the EDD legislative liai- ees. However, because these two staffers Hebrew Congregations, Women's American son office. There, she tracked and analyzed were recent college graduates and produced ORT, United Synagogue of Conservative Ju- Federal legislation, spearheaded the success- work that benefited my office, they would have daism; and National Association of Black ful 1989 job service campaign and made legis- been prohibited from volunteering their serv- Women Attorneys, National Breast Cancer Co- lative presentations. ices if at the time I would have been forced to alition, National Osteoporosis Foundation, Na- comply with the FLSA. As an active member of the International tional Ovarian Cancer Coalition, National Though Congress has since passed the Association of Personnel in Employment Se- Women's Health Network, National Women's Congressional Accountability Act and now curity [IAPES], she has served as California Law Center, Women's Bar Association, and must adhere to the FLSA, the point is not Legislative chair, California vice president, Women's Legal Defense Fund. moot. Congress and hundreds, if not thou- California president, International Legislative I am hopeful that the 105th Congress will sands, of individuals over the years have ben- chair and District XV representative and Cali- build upon the foundation established by the efited from such programs. In fact, many have fornia Legislative chair. Kassebaum-Kennedy health reform bill. With become employed for the first time because of this new legislation, it is my goal to ensure In addition to her professional pursuits, Mrs. the opportunity and experience they gain that no American woman will have to worry Wilks-Owens has demonstrated a unique com- through interning. I hope we could learn from that if she takes a genetic test for the BRCA1 mitment to her community and is noted as a these instances and not turn our backs on or BRCA2 breast cancer gene, she will lose tireless volunteer and master organizer. those who wish to gain valuable work experi- her insurance coverage; or, that if she devel- Mr. Speaker, it is with great pleasure that I ence. ops breast cancer, she will be denied cov- rise today to recognize Dixie Wilks-Owens for Moreover, as we enter the 21st century and erage for treatment because her genetic pre- her outstanding commitment to her profession. the global marketplace becomes even more disposition will be considered a ``pre-existing I ask my colleagues to join me in wishing her competitive, we must strive to help those who condition.'' Congress has the power to protect continued success in all of her future endeav- wish to enter the work force. Programs like all Americans from genetic discrimination in ors. Careers and School to Work offer some the E14 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 opportunity to gain the necessary skills to already proven to be widely popular in Indian sels. The bill will also reduce the economic compete, but there is still room for improve- country and provides incentive for private hardship on the victims of oil spill, particularly ment. Congress cannot standby and allow in- lenders to participate in housing one of our in fishing communities. This bill is a good dividuals to forego valuable training experi- Nation's most underserved populations. starting point at improving the Oil Pollution Act ence because we have failed to act. Members should remember and be reas- and improving the safety of barges that move The Job Skill Development Act will offer out- sured by the fact that the disposition of loan a commodity that is essential for our economy standing opportunities for future work forces. guarantee programs provides oversight in that safely and without harm to the environment. Its passage will help college graduates and in- Congress must appropriate loan subsidies for f dividuals who have been out of the work force all loans to be guaranteed under these pro- develop the professional skills and experience grams. Thus, the end result of such a perma- IN HONOR OF HOWARD W. COLES they need to become employed. It is a great nent authorization will be smoother operating job training program that does not cost the programs without interruptions resulting from HON. LOUISE McINTOSH SLAUGHTER taxpayers a dime. expired authorizations and congressional over- OF NEW YORK As I mentioned before, this legislation is sight maintained through the annual appropria- IN THE HOUSE OF REPRESENTATIVES narrowly tailored and while it eases the restric- tions process. Tuesday, January 7, 1997 tions on volunteer activity, it does not jeopard- Thank you Mr. Speaker. This Member in- Ms. SLAUGHTER. Mr. Speaker, today I rise ize the important safeguards against employer vites his colleagues to join him as a cosponsor to pay special tribute to the life and legacy of coercion and worker displacement. Moreover, of both of these important housing measures. Mr. Howard Wilson Coles, a pioneering Afri- the intent is not to undermine any of the re- f can-American journalist, who for 62 years re- quirements of minimum wage and overtime, sided in New York's 28th Congressional Dis- but focuses on providing individuals with the INTRODUCTION OF THE OIL SPILL trict. Mr. Coles' life came to a peaceful end on opportunity to gain the necessary skills to be- PREVENTION AND RESPONSE IM- PROVEMENT ACT December 10, 1996, at 93 years of age. come gainfully employed. Upon completion of his formal education, Mr. Speaker, it is time to give future work Mr. Coles returned from New York City to forces the same opportunity Congress and HON. ROBERT MENENDEZ Rochester, NY, in 1934 to become the founder many hill staffers have benefited from for OF NEW JERSEY and publisher of the Frederick Douglass many years. I look forward to working with my IN THE HOUSE OF REPRESENTATIVES Voice, known at this time as Rochester's only colleagues on passage of the Job Skill Devel- Tuesday, January 7, 1997 Negro newspaper. This newspaper, for 62 opment Act of 1997. years, has been dedicated to showcasing the f Mr. MENENDEZ. Mr. Speaker, on May 10, 1996, a tanker moored in Delaware Bay issues, challenges, and accomplishments of HOUSING LOAN GUARANTEE spilled 10,000 gallons of light grade crude oil. Rochester's African-American population. PROGRAM EXTENSION ACTS Strong winds pushed the slick toward the Howard Wilson Coles shall long be remem- beaches of Cape May, NJ, posing a threat to bered, not only for his journalistic talents, but HON. DOUG BEREUTER wildlife and migrating waterfowl. The tanker also for his tireless efforts and extraordinary had been anchored 17 miles off the Cape May skills in the area of civil rights. He was as well, OF NEBRASKA an author, broadcast journalist, and formerly IN THE HOUSE OF REPRESENTATIVES shore in an area known as the Big Stone An- chorage. It was involved in a process known served as president of Rochester's NAACP. Tuesday, January 7, 1997 as lightering. A tanker lighters by pumping I take great pride in having known Mr. Mr. BEREUTER, Mr. Speaker, today this some of its cargo into a smaller barge. This is Coles, and in knowing his family; several of Member is introducing two bills designed to usually done because there is insufficient whom have followed in his giant footsteps as extend important alternatives to traditional depth of water to allow the tanker to safely journalists. A true freedom fighter is now at Federal housing direct lending. make passage to secure oil terminals. Trans- rest. He will be sorely missed by his family, The first bill, the Rural Multifamily Rental ferring oil over open water between two or his numerous friends, and a community that Housing Loan Guarantee Extension Act of more vessels is a risky process which greatly he enhanced. 1997, permanently authorizes the U.S. Depart- increases the possibility of spills or more seri- f ment of Agriculture [USDA] administered sec- ous accidents. PAYING TRIBUTE TO THE AICHI tion 538 program which, as the name implies, While the Cape May incident was a rel- KENJIN guarantees repayment of loans to build multi- atively minor accident and the environmental family rental housing in rural communities. The impacts were quickly contained, I am greatly section 538 program was patterned after the troubled about the prospect of an accident in HON. ROBERT T. MATSUI highly successful section 515 loan guarantee the New York Harbor. Thirty billion gallons of OF CALIFORNIA program, which is also administered by the oil of every type are shipped through the Port IN THE HOUSE OF REPRESENTATIVES USDA. While the section 538 program was of New York and New Jersey each year. One Tuesday, January 7, 1997 only fully authorized in the last Congress billion gallons is lightered from deep water an- Mr. MATSUI. Mr. Speaker, I rise today to through the Housing Opportunity Program Ex- chorages beyond the Verrazano Narrows. pay tribute to the Aichi Kenjin Kai, a social tension Act of 1996, it has been already been That is 100 times the amount of oil spilled by and cultural institution now celebrating its well received in rural America and certainly the Exxon Valdez off the Alaskan coast. 100th anniversary in northern California. merits permanent authorization in the 105th These barges are often single hulled and The first large population of immigrants from Congress. sometimes have no crew or anchor. The situa- Aichi-ken was established in the central valley The second bill this Member is introducing tion in the New York Harbor is doubly dan- during the late 1800's. By 1896, some 300 today permanently authorizes the section 184 gerous because of an institutional failure to Aichi-kenjins had settled in the Sacramento re- loan guarantee program for Indian housing, dredge. The lightering process is used to re- gion. For most of these immigrants, the stand- which is administered by the U.S. Department duce the weight of oil tankers and thereby ard of living was poor. Most of them carried of Housing and Urban Development [HUD]. lessen draft to enable these great ships to ne- their possessions in a suitcase. They made This guarantee program, which I authored and gotiate the shoaled-in channels and berths of their living as seasonal workers, moving from was enacted into law in 1992, is designed to the upper bay and the connecting channels in place to place as jobs were offered. bridge the obstacles that have prevented pri- the Kill Van Kull and Arthur Kill. It is only the At this time in history, there was no welfare vate lenders from participating in housing fi- exceptional skill and dedication of the pilots plan offered either by the Federal or State nance on Indian trust land. Because of the serving the Port of New York and New Jersey governments to care for such individuals when unique trust status of these reservations, pri- that have prevented a catastrophe, but there they fell ill or died. As such, this community of vate lenders have been reluctant to make have been a number of near collisions. immigrants determined that it was necessary loans due to the fact that they have no legal To reduce this threat, I am introducing the to establish an organization which would care recourse should the borrower default. Under Oil Spill Prevention and Response Improve- for their fellow countrymen should they fall ill the section 184 guarantee program, the Fed- ment Act. This legislation requires the Coast and assist their families when they passed eral Government eliminates this obstacle by Guard to develop requirements for lightering away. guaranteeing that the lender will be repaid and towing operations. It provides incentives In 1895, one of the first immigrants to north- should the borrower default. This program has for converting to the use of double hull ves- ern California, Yoshio Yamada, recommended January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E15 the establishment of the Aichi Club in Sac- While drought, disease, and human popu- damental purpose of my legislation is to ex- ramento. He suggested collecting $50 to $60 lation growth contributed to this dramatic de- tend the authority of the Secretary of the Inte- from about 50 members who would then pay cline, the illegal killing or poaching of ele- rior to expend money from the African Ele- 15 cents in monthly dues. These fees were to phants for their ivory tusks was the single phant Conservation Fund beyond its statutory be used to maintain a mutual aid fund, but most important reason why thousands of expiration date of September 30, 1998. I am was not accepted at the time. these magnificent animals were slaughtered. proposing that the authorization of appropria- Two years later, this community of immi- During its peak, as much as 800 tons of ivory tions for the fund be extended until September grants agreed to form the Aichi Club and were exported from Africa each year, equiva- 30, 2002. opened a temporary office in Sakuraya lent to the deaths of up to 80,000 elephants With this extension, I am confident that ad- Ryokan. The club's mission was to maintain a annually. ditional worthwhile conservation projects will high reputation, respect morality and promote In response to this serious problem, Con- be funded and that the African elephant will friendship. In the years following, the members gress enacted the African Elephant Conserva- survive in its natural habitat for many future used the club to share their joys, sorrows, and tion ActÐPublic Law 100±478. A primary ob- generations. hopes for a prosperous future in their new jective of this law was to assist impoverished I urge my colleagues to join with me in this country. African nations in their efforts to stop poaching effort by supporting the African Elephant Con- Dues then were 15 cents per month and and to develop more effective elephant con- servation Reauthorization Act of 1997. these fees enabled the club to assist fellow servation programs. To accomplish that goal, f members who incurred expenses with medical the legislation created the African Elephant care or funerals. The member accepting the Conservation Fund. SINGLE ASSET BANKRUPTCY assistance then paid the funds back to the Since its creation, Congress has appro- REFORM ACT OF 1997 club when they were able. priated over $6 million to fund some 48 con- For many years, the club operated this way servation projects in 17 range States through- HON. JOE KNOLLENBERG and grew to hold great significance in the Jap- out Africa. In addition, over $7 million has OF MICHIGAN anese-American community. The Aichi Kenjin been generated through private matching IN THE HOUSE OF REPRESENTATIVES Kai today is somewhat different. Today, with money to augment the Federal support made Tuesday, January 7, 1997 greater mobility and affluence, the Japanese- available through the grant program. Americans have moved to all parts of the With these funds, resources have been allo- Mr. KNOLLENBERG. Mr. Speaker, I rise State, blending culturally with California's pop- cated for conservation projects to purchase today to introduce a bill that addresses an in- ulation. Additionally, the singular interests the antipoaching equipment for wildlife rangers, justice that exists within title 11 of the United early immigrants shared have given way to create a comprehensive reference library on States Code regarding single asset bank- more diverse business and civic interests. the African elephant, undertake elephant pop- ruptcies. This is the same language I intro- Other changes have reshaped the organiza- ulation census, develop and implement ele- duced during the 104th Congress as H.R. tion as well. Health insurance and ``American- phant conservation plans, and move elephants 2815. My understanding is that the Judiciary ized'' funerals have impacted the need for the from drought regions in Zimbabwe. In fact, the Committee will include this measure in their clubs' assistance in these areas. While the Zimbabwe project was the first time in history technical corrections bill; however, I am intro- club still offers invaluable assistance with fu- that such a large number of elephants were ducing this bill as stand alone legislation to neral plans and arrangements, its shift is to- successfully translocated to new habitats. highlight the importance of this specific provi- ward a younger generation and its needs. Without these conservation projects, I am sion. I also understand that the Bankruptcy To attract younger generations, the Aichi convinced that the African elephant would Commission has placed a particular focus on Kenjin Kai has begun to host an annual Aichi have continued to decline and would have dis- single asset bankruptcy and they recently held golf tournament. Structured as a team group- appeared from much of its historic range. In- hearings in Washington, DC, to discuss this ing event, the tournament successfully pro- stead, what has happened is that the popu- important issue. motes camaraderie within the membership lation has stabilized and, in fact, is increasing The injustice within title 11 stems from an and is a draw to the younger Japanese-Ameri- in southern Africa, the international price of 11th hour decision made during the 103d Con- cans who will be relied upon to take the orga- ivory remains depressed, and wildlife rangers gress, which placed an arbitrary $4 million nization into the next century. are now much better equipped to stop unscru- ceiling on the single asset provisions of the Mr. Speaker, it is with great pleasure that I pulous individuals who are intent on illegally bankruptcy reform bill. The effect has been to rise today to recognize the many years of in- killing elephants. render investors helpless in foreclosures on valuable assistance this organization has pro- The African Elephant Conservation Fund single assets valued over $4 million. vided to its membership. I ask my colleagues has provided desperately needed capital for My bill will rectify this problem, by eliminat- to join me in wishing many years of continued projects in various African countries and a di- ing the $4 million ceiling, thereby allowing success to the Aichi Kenjin Kai. verse group of internationally recognized con- creditors to recover their losses. Under the f servation groups, including the African Safari current law, chapter 11 of the Bankruptcy Club of Washington, DC, the African Wildlife Code becomes a legal shield for the debtor. INTRODUCTION OF THE AFRICAN Foundation, Safari Club International, and the Upon the investor's filing to foreclose, the ELEPHANT CONSERVATION RE- World Wildlife Fund, has participated in these debtor preemptively files for chapter 11 protec- AUTHORIZATION ACT OF 1997: efforts. In fact, the African Elephant Conserva- tion which postpones foreclosure indefinitely. JANUARY 7, 1997 tion Fund has been the only continuous While in chapter 11, the debtor continues to source of new money for African elephant collect the rents on the commercial asset. HON. DON YOUNG conservation efforts for the past 8 years. However, the commercial property typically is OF ALASKA In June of last year, the House Resources left to deteriorate and the property taxes go IN THE HOUSE OF REPRESENTATIVES Subcommittee on Fisheries, Wildlife and unpaid. When the investor finally recovers the Oceans conducted an oversight hearing on property through the delayed foreclosure, they Tuesday, January 7, 1997 the effectiveness of the African Elephant Con- owe an enormous amount in back taxes, they Mr. YOUNG of Alaska. Mr. Speaker, I am servation Fund. At that time, a representative receive a commercial property left in deteriora- pleased to introduce legislation today to ex- of the U.S. Fish and Wildlife Service testified tion which has a lower rent value and resale tend the African Elephant Conservation Act of that the Fund ``provided a critical incentive for value, and meanwhile, the rent for all the 1988, an historic conservation measure that governments of the world, nongovernmental months or years they were trying to retain the continues to be successful in its ongoing ef- organizations, and the private sector to work property went to an uncollectible debtor. forts to save the flagship species of the Afri- together for a common conservation goal. This My bill does not leave the debtor without can Continent. is not a hand out, but a helping hand.'' protection. First, the investor brings a fore- By way of background, my colleagues may While the African Elephant Conservation closure against a debtor only as a last resort. recall that by the late 1980's, the population of Fund has facilitated the development of a This usually comes after all other efforts to African elephants had declined by almost half. number of successful conservation projects, reconcile delinquent mortgage payments have In 1979, the total elephant population in Africa the battle to ensure the long-term survival of failed. Second, the debtor has up to 90 days was approximately 1.3 million animals. In the African elephant has not yet been won. In to reorganize under chapter 11. It should be 1987, fewer than 700,000 African elephants fact, it is essential that this critical investment noted, however, that single asset reorganiza- were alive. be continued in the future. Therefore, the fun- tions are typically a false hope since the E16 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 owner of a single asset does not have other MINING LAW OF 1872 REFORM Claim holders can also mine these Federal properties from which he can recapitalize his The year was 1872. U.S. Grant resided in lands with minimal reclamation require- business. the White House. Union troops still occupied ments. The only Federal requirement is that Finally, Mr. Speaker, my bill helps all Amer- the South. The invention of the telephone when operating on these lands they do not ican families by making their investments and Custer’s stand at the Little Bighorn cause ‘unnecessary or undue degradation.’ What does this term mean? It means that more secure and more valuable. The hard- were still four years away. And in 1872 Con- gress passed a law that allowed people to go they can do whatever they want as long as working American families who depend on onto public lands in the West, stake mining it’s pretty much what all of the other miners their life insurance policies and who have paid claims, and if any gold or silver were found, are doing. for years into their pensions will save millions mine it for free. The issue of Mining Law reform does not in reduced costs. My bill protects the little guy In an effort to promote the settlement of deal with coal, or that matter, oil and gas. from being plagued with years of litigation the West, Congress said that these folks These energy minerals, if located on Federal while a few unscrupulous commercial property could also buy the land from the Federal lands, are leased by the government, and a owners continue to collect the rent to line their government for $2.50 an acre. royalty is charged. Further, Mining Law re- own pockets. That was 1872. This is 1977. Yet, today, the form does not deal with private lands. The Mining Law of 1872 is still in force. scope of the Mining Law of 1872 and legisla- f And, for the most part, it is not the lone tion to reform it is limited to hardrock min- MINING LAW OF 1872 REFORM prospector of old, pick in hand, accompanied erals such as gold, silver, lead and zinc on by his trusty pack mule, who is staking Federal lands in the Western States. those mining claims. It is large corporations, The Rahall bill to reform the Mining Law HON. NICK J. RAHALL II many of the foreign controlled, who are min- of 1872 would prohibit the continued give- OF WEST VIRGINIA ing gold owned by the people of the United away of public lands. It would require that IN THE HOUSE OF REPRESENTATIVES States for free, and snapping up valuable mining claims are diligently developed. It Tuesday, January 7, 1996 Federal land at fast food hamburger prices. would require that a holding fee be paid for Remaining as the last vestige of frontier- the use of the land, and that a royalty be Mr. RAHALL. Mr. Speaker, today, I am re- era legislation, the Mining Law of 1872 paid on the production of valuable minerals introducing legislation to reform the mining law played a role in the development of the West. extracted from these Federal lands. And, it of 1872. I am pleased to note that the distin- But is also left a staggering legacy of would require industry to comply with some guished gentleman from California, GEORGE poisoned streams, abandoned waste dumps basic reclamation standards . MILLER, is joining me in introducing this meas- and maimed landscapes. f Obviously, at the public’s expense, the ure. western mining interests have had a good Mr. Speaker, we are sponsoring this legisla- INTRODUCTION OF PROTECTION thing going all of these years. But the ques- FROM SEXUAL PREDATORS ACT tion with the full knowledge that it will probably tion has to be asked: Is it right to continue not see the light of day in the Resources to allow this speculation with Federal lands, Committee as long as that committee is not to require that the lands be reclaimed, HON. LOUISE McINTOSH SLAUGHTER chaired by our dear friend and colleague, the and to permit the public’s mineral wealth to OF NEW YORK honorable DON YOUNG of Alaska. Indeed, this be mined for free? IN THE HOUSE OF REPRESENTATIVES bill is the very same which passed the House Today, anybody can still go onto Federal of Representatives by a three-to-one margin lands in States like Nevada and Montana and Tuesday, January 7, 1997 during the 103d Congress. Reintroduced into stake any number of mining claims, each Ms. SLAUGHTER. Mr. Speaker, today I re- averaging about 20 acres. In order to main- the 104th Congress, our colleague DON tain the mining claim, until recently all that introduce the Protection from Sexual Preda- YOUNG put it under lock and key. was required was that the claim holder spend tors Act. Like many of you, I am tired of pick- This begs the question: Why reintroduce the $100 dollars per year to the benefit of the ing up the morning paper and reading about bill? claim. the latest serial rapist to be caught, only to The answer lies in the fact that there re- In the event hardrock minerals such as see printed a laundry list of his previous con- mains within the broad membership of the gold or silver are found on the claim, they victions for sexual assault. Our constituents House of Representatives enough votes to are mined for free. There are no require- deserve to be protected from the country's pass meaningful reform of the Mining Law of ments that a production royalty be paid to the Federal government, or for that matter, worst repeat sexual predators. 1872. Last Congress, for example, we reim- The Protection from Sexual Predators Act posed the moratorium on the issuance of min- a rental be paid for the use of the land. It is estimated that $1.8 billion worth of passed the House last year by a vote of 411 ing claim patents by a vote of 271 to 153 dur- hardrock minerals are annually mined from to 4, and allows Federal prosecution of rapes ing House consideration of the fiscal year Federal lands in the western States. Yet, the and serious sexual assaults committed by re- 1996 Interior appropriation bill. In addition, the Federal government does not collect one peat offenders. The measure requires that re- bill we are reintroducing today, which was penny in royalty from any of this mineral peat offenders convicted under this section be designated H.R. 357 in the 104th Congress, production that is conducted on public lands automatically sentenced to life in prison with- attracted 92 bipartisan cosponsors during that owned by all Americans. out parole. In other words, two strikes, and period. Under the Mining Law of 1872, claim hold- The issue of insuring a fair return to the ers can also choose to purchase the Federal you're inÐfor life. public in exchange for the disposition of public land being claimed. They can do this by first It's time we got tougher on the most violent, showing that the lands have valuable min- resources, and the issue of properly managing repeat sexual offenders. These habitual sex erals, and then by paying the Federal gov- offenders are a different kind of criminalÐtheir our public domain lands, is neither Republican ernment a mere $2.50 or $5.00 an acre depend- or Democrat. It is simply one that makes recidivism rates are incredibly high, and they ing on the type of claim. This is called ob- are known to strike again and again. Often sense if we are to be good stewards of the taining a mining claim patent. Perhaps a public domain and meet our responsibilities to good feature in 1872, when the Nation was these serial criminals will venture from one the American people. This means that the trying to settle the West. But today there is State to another, and if they are caught, they mining law of 1872 must be reformed. hardly a need to promote the additional set- seldom receive the harshest penalties under I and other Members will continue to work tlement of LA, San Francisco or Denver. the current law. toward that goal during the 105th Congress. If Note: The Interior Department is currently When my bill is passed into law, violent sex- reform can be accomplished within the context subject to a Congressionally imposed mora- ual predators such as John Suggs of New torium on the issuance of mining claim pat- of the bill I am introducing today, so much the York City will not be free to rape again, and ents which must be renewed on an annual the Supreme Court will not need to deliberate better. If this bill's fate is to serve as a rally cry basis. for reform, with substantive reform efforts Moreover, once the mining claim is pat- whether to release lifelong child molesters moving forward independently, than that is ented, nothing in this so-called mining law back into society as in the case Kansas v. satisfactory as well. In any event, the eyes of says that it has to be actually mined. The Kendricks, currently pending before the Su- the Nation will continue to focus, to an even land is now in private ownership. People are preme Court. This measure will make our greater extent than ever before, on how this free to build condos or ski-slopes on the land. streets and neighborhoods safer, for children, For example, not too long ago the Arizona the elderly, and the women of this country. Congress addresses natural resource issues Republic carried a story about a gentleman such as this one. Congress ignores these mat- who paid the Federal government $155 for 61 My bill will require courts to hand down ters at its own peril. acres worth of mining claims. Today, these tougher sentences, ridding our communities Following is a brief explanation of the Min- mining claims are the site of a Hilton Hotel. and neighborhoods of the most brutal offend- ing Law of 1872 and how the legislation I am This gentleman now estimates that his share ers who prey upon the most vulnerable in our introducing proposes to reform it: of the resort is worth about $6 million. society. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E17 HEARING CARE FOR FEDERAL elections made on homes sold after the date servation measure. With that in mind, I intend EMPLOYEES ACT of marriage, but purchased before the mar- to meet with representatives of the Depart- riage. ments of Defense and the Interior, the Inter- HON. BENJAMIN A. GILMAN Fairness is an important element of tax pol- national Association of Fish and Wildlife Agen- OF NEW YORK icy. The current policy on the one-time exclu- cies, and members of the House National Se- IN THE HOUSE OF REPRESENTATIVES sion assists individuals who are approaching curity Committee. I am confident that together retirement and it is a valuable exclusion. Our we can develop a strong and effective reau- Tuesday, January 7, 1997 Tax Code should be fair and not discriminate thorization bill. Mr. GILMAN. Mr. Speaker, I rise today to in- against basic values such as marriage. The Mr. Speaker, I want to thank the Chairman troduce legislation which will cover audiology decision to marry should not be based on fi- of the Subcommittee on Fisheries, Wildlife and services for Federal employees. nancial reasons. Oceans, JIM SAXTON, for joining with me in This legislation requires Federal health ben- I urge you to correct this inequity and sup- this effort and I commend the Sikes Act Im- efit insurance carriers to guarantee direct ac- port this legislation. provement Amendments of 1997 to the mem- cess to, and reimbursement for, audiologist- f bership of the House of Representatives. provided hearing care services when hearing f care is covered under a Federal health benefit INTRODUCTION OF THE SIKES ACT plan. IMPROVEMENT AMENDMENTS OF PUBLIC HOUSING TENANT As my colleagues may be aware, the Fed- 1997: JANUARY 7, 1997 INTEGRITY ACT OF 1977 eral Government already allows direct access to services provided by optometrists, clinical HON. DON YOUNG HON. JOE KNOLLENBERG psychologists, and nurse midwives, yet fails to OF ALASKA OF MICHIGAN allow direct access to services provided by IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES audiologists in Federal health benefit plans Tuesday, January 7, 1997 Tuesday, January 7, 1997 covering hearing care services. It is not my intention to expand the services Mr. YOUNG of Alaska. Mr. Speaker, I am Mr. KNOLLENBERG. Mr. Speaker, I rise to which can be provided by audiologists, but in- pleased to introduce this legislation to reau- day to introduce the Public Housing Tenant In- stead to only allow audiologists to provide thorize and improve the effectiveness of the tegrity Act of 1997. This bill amends section what they are already licensed to do under act of September 15, 1960, commonly referred 6103 of the Internal Revenue Code and sec- State lawsÐand no more. to as the Sikes Act. tion 904 of the Stewart B. McKinney Homeless Currently the consumers of audiology serv- Since coming to Congress in 1973, I have Assistance Amendment Act to allow the Hous- ices are people with hearing loss and related led the fight to enhance and conserve the vital ing and Urban Development Administration conditions. In fact, there are an estimated 28 fish and wildlife resources that exist on our [HUD] to fight fraud and abuse that has devel- million people in the United StatesÐabout 1 in military lands. The Department of Defense oped when public housing tenants fail to fully every 10Ðwho are affected by hearing loss. [DOD] manages nearly 25 million acres at ap- disclose or update their income. This number is expected to increase to over proximately 900 military bases nationwide. As we move into the 21st century, budg- 40 million people during the next 10 to 20 These lands contain a wealth of plant and ani- etary constraints will continue to limit non- years, as our national population continues to mal life, they provide vital habitat for thou- defense discretionary spending. Public hous- age. sands of migratory waterfowl and they are ing is not immune from these constraints. Moreover, it is worth noting that many pri- home for nearly 100 Federally listed species. Though Congress and HUD have taken steps vate health insurers model their benefits pack- The Department does a superb job of train- to prepare housing for the future, there is still ages after the Federal employee health benefit ing our young men and women for combat. room for improvement. One area I believe we plan. Accordingly, this bill will also provide im- Regrettably, they often fail to do even an ade- can make substantial inroads is to eliminate portant indirect benefits to millions of Ameri- quate job of comprehensive natural resource fraud and abuse. By aggressively attacking cans with hearing loss, who are not Federal management planning. At far too many instal- existing fraud and abuse, we can squeeze employees. lations, management plans have never been every dollar appropriated for public housing I urge my colleagues to cosponsor the written, are outdated, or are largely ignored. and direct it effectively to those most in need. Hearing Care for Federal Employees Act and Furthermore, when these plans do exist, all We can also assure the American taxpayer support freedom of choice to the patient while too often they are not coordinated or inte- that tenants pay their fair share. providing swift and timely access to hearing grated with other military activities. As most of you know, when an individual care. While this bill will make a number of im- applies for public housing, the key qualification f provements in the Sikes Act, it does not un- is income. An applicant who meets the income dermine in any way the fundamental training requirement is required to pay rent equal to 30 mission of a military base. percent of their income. The taxpayer sub- What the bill does is expand the scope of sidizes the rest. Unfortunately, housing agen- HON. RICHARD E. NEAL existing conservation plans to encompass all cies do not have independent sources to verify OF MASSACHUSETTS natural resource management activities, re- the applicant's wage and income data, even if IN THE HOUSE OF REPRESENTATIVES quire management plans for all appropriate in- the housing agency suspects the individual stallations, mandate an annual report summa- underreported income. Moreover, the system Tuesday, January 7, 1997 rizing the status of these plans, require that encourages residents to underreport their in- Mr. NEAL of Massachusetts. Mr. Speaker, trained personnel be available, and ensure come when they apply for housing. today I introduced legislation to correct an in- that DOD shall manage each installation to Despite the lack of a nationwide study, HUD equity in on our current tax system. Under cur- provide for the conservation of fish and wild- has estimated the abuse at $300 million annu- rent law, an individual over the age of 55 is al- life, and to allow the multipurpose uses of ally. Further, the General Accounting Office lowed a one-time exclusion of capital gain on those resources. In addition, the bill extends [GAO] issued a 1992 report that found unre- the sale of a principal residence. This one- the act's authorization for the next 3 years at ported income abuse could be as high as 21 time exclusion invokes a marriage penalty. half of its previous funding level. percent. Others have projected a reasonable This legislation would eliminate the marriage Mr. Speaker, this is a noncontroversial bill. estimate between 5 and 10 percent which is penalty for the one-time exclusion of gain on In fact, during the last Congress, it was thor- consistent with other Federal benefit pro- the sale of a principal residence. oughly considered by both the House Re- grams. Whatever the number, fighting this For example, two individuals over the age of sources and National Security Committees. It abuse and stopping individuals who defraud 55 who decide to marry and sell their homes was approved by the House of Representa- the Federal Government is a commonsense would only receive an exclusion for $125,000. tives unanimously by voice vote on July 11, goal. Whereas, if they did not marry and sold their 1995. Congress, HUD, and others have long rec- homes they each would be able to receive an Regrettably, the other body took no action ognized the need to address this particular exclusion for $125,000. This legislation ad- on this measure. While I am today introducing problem and in 1988 Congress passed the dresses this problem. The legislation elimi- a bill that is identical to the one that was over- Steward B. McKinney Homeless Assistance nates the marriage penalty by disregarding whelmingly adopted by the House, I am com- Amendments Act. The McKinney Act provided elections made before the date of marriage or mitted to reauthorizing this longstanding con- State agencies with the authority to disclose E18 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 wage and unemployment data to HUD and ansÐin particular, the division of Community tion Program. In 1992, I sponsored an amend- housing authorities, but not to owners or man- Planning and DevelopmentÐhave fueled con- ment and passed into law a requirement that agers. This program was somewhat success- cern over abuse of taxpayer assets. HUD must try first to sell the property in the ful, but it expired in October 1994. After significant investigation, I introduced private market to the highest bidder. I believe Then in 1993, Congress passed the Omni- H.R. 4085 in the 104th Congress, a bill to that our first priority is to recover as much tax- bus Budget Reconciliation Act. It contained a eliminate the program. Two other Subcommit- payer money for the acquired home. If we provision which permits the Social Security tee Chairmen of the House Banking Commit- cannot sell the property to maximize taxpayer Administration [SSA] and the Internal Revenue teeÐSPENCER BACHUS of the Subcommittee return, we should use our acquired properties Service [IRS] to disclose earned and unearned on General Oversight and RICK LAZIO of the in the most effective manner possible to house income data to HUD. However, and this is Subcommittee on Housing and Community our most disadvantaged citizens without a very important, it did not provide for the re- OpportunityÐcosponsored the legislation with home. disclosure of income data to those local enti- me. The bill effectively shuts the program To continue rigorous oversight of this pro- ties who directly service and oversee the ten- down and returns the homes to taxpayers. gram, I requested that the Banking and Finan- ants. We introduce the same bill today to con- cial Services Committee conduct a hearing on This particular program was first imple- tinue our efforts in the 105th Congress to this case and other abuses of this program to mented in 1996 and matches information re- overhaul the program for those most in need guarantee that we do not waste taxpayer mon- ported by the tenant with earned and un- of hosing and to eliminate fraud and mis- ies and to insure we provide for our most earned income reported to the SSA and IRS. management in the Federal Government. needy citizens. Chairman BACHUS has trav- If a discrepancy exists, HUD notifies the local Earlier this year, I contacted the Inspector elled down to Baton Rouge and together, we housing authority that a particular tenant has General of HUD, an independent office de- conducted an oversight hearing in Louisiana underreported their income, but HUD is pro- signed to oversee the department, and re- on August 24. hibited from disclosing how much the discrep- quested a comprehensive investigation of I am committed to prosecuting fraud and re- ancy is or where it exists. Thus, the local Safety Net, Inc., and its participation in the forming our Federal Government. Moreover, I housing authority must launch their own inves- homeless program. In addition, I requested a believe we can provide a safe, decent home tigation or have the tenant voluntarily disclose full investigation of the HUD Office in New Or- for our most underprivileged citizens while the information, despite the fact HUD has the leans, particularly Community Planning and maintaining accountability for taxpayers. information they need. HUD also informs the Development. f tenant, requesting he or she redisclose to the The program is more accurately described housing agencies their true income. Unfortu- as the Homes for Homeless Initiative of the GAS TAX RESTITUTION ACT OF nately, the individual must voluntarily do this Single-Family Property Disposition Program. 1996 and without giving local entities the information Here is how the program works: If a person already complied the true effectiveness of this defaults on the mortgage payments of his/her HON. NICK J. RAHALL II program will be diminished. home and the home has an insured mortgage OF WEST VIRGINIA As you can see, steps have been taken to by the Federal Housing Administration [FHA], IN THE HOUSE OF REPRESENTATIVES then the Federal Government becomes the fight those who abuse the system, but the final Tuesday, January 7, 1997 step still remains. The Public Housing Tenant owner of the home. In other words, in case of Integrity Act of 1997 builds on this foundation default, HUD pays the mortgage to the bank, Mr. RAHALL. Mr. Speaker, today I along by making it possible for HUD to share the in- acquires the property, and is required to dis- with Representative TOM PETRI are reintroduc- formation it has to local housing agencies. Al- pose of it. ing legislation we sponsored during the last lowing local agencies to receive this informa- For most of these acquired properties, HUD Congress to transfer to the highway trust fund tion is a logical step, and it makes perfect leases the properties to nonprofits to serve revenues received from the 4.3 cents of the sense. After all, local agencies are on the front homeless persons. An acquired property is Federal motor fuel tax that is currently going line and work with public housing tenants leased to a nonprofit for $1 a year for up to to the general fund. every day. 5 years. The home is to be provided for those Many of us concerned with our surface One area of concern with computer match- persons who are homeless. One major restric- transportation infrastructure were troubled ing is preventing the illegal disclosure of Fed- tion is that the tenant must have an income when in 1993 this tax of 4.3 cents per gallon eral tax data. However, safeguards currently that is 50 percent of the median income (in of motor fuel was imposed not for the purpose exist between, and I believe we can develop Baton Rouge $19,146 for a family of four). of bolstering receipts into the highway trust further safeguards to protect the interests of The nonprofit can purchase the home at any fund, but for the purposes of deficit reduction. all those involved including Congress and the time for 10 percent below the appraised fair As we all know, the basic premise of the IRS. Moreover, I believe Congress has an ob- market value, as established at the time the Federal motor fuel tax is that it is a user fee ligation to the taxpayer that public housing as- $1 lease is signed. It is possible to sell the collected for the express purpose of making sistance is a benefit not a right. home well below present market value 5 years improvements to our road and highway infra- Mr. Speaker, this legislation is designed to after the initial appraisal. A nonprofit is re- structure. It is one of the few taxes where stop individuals who defraud the government stricted from reselling to anyone other than a Americans can see an immediate and direct of hundreds of millions of dollars annually. We low income homebuyer (defined at $31,450 for result for having to pay it as they drive on the have the technology to fight this fraud and a family of four). Nation's highways. abuse and passage of the Public Housing The Sunday Advocate alleges that Safety Last year we debated repealing the 4.3 Tenant Integrity Act is needed to provide local Net, Inc., violated many of the rules of the cents-per-gallon tax. At the time, I offered an housing authorities with the necessary tools to homeless disposition program. In addition, it alternative. Restore it to the highway trust do just that. I look forward to working with my may have broken some of the laws required to fund. Today, I do so again. colleagues on both sides of the aisle to pass participate in the program. I have requested Few, if anyone in this body, can say that the this commonsense legislation. that the investigation answer these allegations. areas they represent do not require road and f It is also alleged that the HUD Office in New highway improvements. The legislation I am Orleans failed miserably to monitor the pro- introducing today will not only restore faith LEGISLATION TO ELIMINATE gram and the participation by Safety Net, Inc., with the American people on the uses of the MISMANAGED HUD PROGRAM for 5 years. I have asked the Inspector Gen- Federal motor fuel taxes, but will certainly as- eral to investigate the HUD Office as well. sist in making needed surface transportation HON. RICHARD H. BAKER Moreover, the U.S. Attorney's Office in enhancements. OF LOUISIANA Baton Rouge has responded to the case by I would note that as introduced, this legisla- IN THE HOUSE OF REPRESENTATIVES opening an investigation to determine whether tion would dedicate the entire 4.3 cents-per- a criminal prosecution is warranted. The U.S. gallon tax to the highway trust fund, and would Tuesday, January 7, 1997 Attorney's Office is working in concert with the not earmark any portion of this amount for Mr. BAKER. Mr. Speaker, recent allegations Inspector General's Office. mass transit, or for that matter, for any pro- involving fraud in the Single Family Homes for As a senior member of the Subcommittee posed new area of eligibility such as for Am- Homeless Initiative and the mismanagement on Housing and Community Opportunity, I trak. This is not to say that I am necessarily of the program by the Department of Housing have long been an advocate of reform of the opposed to the use of some portion of the 4.3 and Urban Development [HUD] in New Orle- HUD acquired Single-Family Property Disposi- cents-per-gallon tax for these purposes and January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E19 policy decisions of that nature can certainly be INTRODUCTION OF THE NEW WILD- refuge using LWCF money in the future. This made during further consideration of this legis- LIFE REFUGE AUTHORIZATION is an essential change. lation. ACT Under the terms of the New Wildlife Refuge Reauthorization Act, no funds could be ex- f HON. DON YOUNG pended from the Land and Water Conserva- OF ALASKA tion Fund to create a new refuge without prior IN HONOR OF TRIDENT PRECISION IN THE HOUSE OF REPRESENTATIVES congressional authorization. This bill does not MANUFACTURING, INC. affect any land additions to the existing 511 Tuesday, January 7, 1997 wildlife refuges or those created with money HON. LOUISE McINTOSH SLAUGHTER Mr. YOUNG of Alaska. Mr. Speaker, I am from the Migratory Bird Conservation Fund. today introducing the New Wildlife Refuge Re- Mr. Speaker, Congress must have a more OF NEW YORK authorization Act of 1997. meaningful role in the acquisition of hundreds IN THE HOUSE OF REPRESENTATIVES By way of background, our National Wildlife of acres of new Federal lands. We should au- Refuge System is comprised of 91.7 million Tuesday, January 7, 1997 thorize new wildlife refuges just as we author- acres of Federal lands that provide essential ize new flood control projects, highways, na- Ms. SLAUGHTER. Mr. Speaker, I rise today habitat for hundreds of species and offer rec- tional parks, scenic rivers, and weapons sys- to pay special tribute to a distinguished com- reational opportunities for millions of Ameri- tems. After all, we are talking about the ex- pany located in New York's 28th Congres- cans. penditure of millions of taxpayers dollars. Fur- sional District: Trident Precision Manufacturing The first wildlife refuge at Pelican Island, FL, thermore, at a time when the U.S. Fish and Inc. was created in 1903 when President Theodore Wildlife Service has a $440 million backlog of President Clinton and Commerce Secretary Roosevelt signed an Executive order setting unfinished wildlife refuge maintenance Mickey Kantor honored Trident on December aside three acres of land as a preserve and projects, a comprehensive review of the serv- 6, 1996, by awarding it the 1996 Malcolm breeding grounds for native birds. Today, the ice's priorities is appropriate. Baldrige National Quality Award for Small system has 511 refuges, which are located in I urge the adoption of the New Wildlife Ref- Business. The Baldrige Award, which high- all 50 States and 5 territories. These units uge Authorization Act and want to thank our lights customer satisfaction, workforce range in size from the smallest of less than 1 distinguished colleague from California, RICH- empowerment, and increased productivity, is acre at Mille Lacs National Wildlife Refuge in ARD POMBO, for his leadership in this important given annually to companies that symbolize Minnesota, to the largest of 19.3 million acres effort. By enacting this legislation, we will en- America's commitment to excellence. No com- in the Arctic National Wildlife Refuge in Alas- sure that private property owners and their tax pany could be more deserving of this award ka. In the last decade, more than 80 new ref- dollars are more adequately protected in the than Trident Precision Manufacturing. uges have been added to the system. future. Trident manufactures precision sheet metal The vast majority of our Nation's 511 refuge f components, electro-mechanical assemblies, units were created administratively. In fact, less than 70 refuges have been designated by SUPPORT THE POSTAL CORE and custom products. It has grown from a 3 BUSINESS ACT person operation at its founding in 1979 to an Congress. The authorizing committees, there- employer of 167 people at its facility in Web- fore, have had little, if any, input in the estab- ster, NY today. lishment of the other 460 refuges, which in- HON. RANDY ‘‘DUKE’’ CUNNINGHAM clude the 192,493-acre Great White Heron Between 1991 and 1995, Trident's employ- OF CALIFORNIA National Wildlife Refuge in Florida, the ees submitted more than 5,000 process-im- IN THE HOUSE OF REPRESENTATIVES 254,400-acre Hawaiian Island National Wildlife provement recommendationsÐand Trident's Tuesday, January 7, 1997 Refuge, and the 572,000-acre Sheldon Na- management implemented 97 percent of those tional Wildlife Refuge in Nevada. These Exec- Mr. CUNNINGHAM. Mr. Speaker, I rise ideas. It is a testament to Trident's workers utive orders have set aside a huge amount of today to join my colleague from San Diego, and management that over that 5-year period, privately owned lands. Mr. HUNTER, in introducing the Postal Core Trident made significant gains in productivity, Under current law, funding for refuge acqui- Business Act of 1996. This legislation, which efficiency, customer satisfaction, sales, and sitions comes from two primary sources: No. is similar to H.R. 3690 from the 104th Con- profitability. Sales per employee jumped 29 1, annual appropriations from the Land and gress, will prevent the U.S. Postal Service percent, time spent on rework decreased Water Conservation Fund [LWCF], and No. 2, [USPS] from unfairly competing with a small nearly 90 percent, and customer complaints the Migratory Bird Conservation Fund, which business industry, known as Commercial Mail fell by 80 percent. Defect rates have fallen so is financed from the purchase of a yearly duck Receiving Agencies [CMRA]. The livelihoods consistently that Trident now offers a full guar- stamp and refuge entrance fees. of those who own and operate small commer- antee against defects in its custom products. In the past, more than $1 billion in taxpayer cial packing stores throughout the country, like In 1995, Trident's five major customers rated money has been appropriated from the Land Mail Boxes Etc. and Postal Annex, are threat- the quality of Trident's products at 99.8 per- and Water Conservation Fund to acquire lands ened. cent or better. The company has never lost a that become additions to existing units or en- More than 10,000 CMRA businesses may customer to a competitor. tirely new wildlife refuges. This represents a be forced to close their doors due to the I am delighted that President Clinton and substantial expenditure of money by the U.S. USPS' tax-free expansion into services al- Commerce Secretary Kantor chose to recog- Fish and Wildlife Service [USFWS] without ready provided by private packaging stores. nize Trident for its strong record of quality and adequate input by Congress. These expanded services include wrapping, its excellent business performance. This By contrast, the Migratory Bird Commission, packaging, and shipping of items, and the award was a result of Trident's exceptional whose membership includes four bipartisan USPS may expand beyond that. The USPS is commitment, not only to the company's bottom Members of Congress, regularly meets to opening stores throughout the country, many line, but to its employees and customers. Tri- evaluate and decide how Migratory Bird Con- in locations very near private companies who dent's efforts to train and reward its workers servation Fund will be spent. Under normal already provide these services. are to be particularly commended. Since 1989, conditions, a Governor of a State, after con- The fact is that the USPS is not a fair com- Trident has invested an average of 4.4 per- sulting with local citizens, will recommend that petitor with private enterprise. The USPS is cent of its payroll on training and education. a new refuge be created or that additional not forced to charge State or local tax on retail This is a remarkable investment for a small land be added to the system. It is a process items, it is insured by the Federal Govern- company, and two to three times above the that has worked effectively for a number of ment, and it often does not pay the same Fed- average for all U.S. industry. years. eral, State, and local taxes that private compa- Trident represents the very best in American Regrettably, the checks and balances that nies must pay. These are only some of the business: putting its customers first, trusting its exist on the uses of the Migratory Bird Con- advantages enjoyed by the USPS, creating a employees, building quality into products and servation Fund simply do not exist in the allo- playing field tilted against private industry. services, and being responsible corporate citi- cation of money from the LWCF. Therefore, Moreover, when a customer brings an item to zens. I am proud of Trident's success, its lacking such a review mechanism, we have a be packaged by the USPS, the USPS requires achievement, and of the contribution it makes responsibility to carefully examine the rec- that the customer send the package through to our community. Congratulations to everyone ommendations of the USFWS and, if we so U.S. mail. Commercial mail companies do not at Trident who shares in this honor. choose, to legislatively create any new wildlife require this of their customers. E20 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 In addition, on December 16, 1996, the health care groups, will establish a schedule This legislation reflects the frustration of Postal Rate Commission [PRC] declared that of recommended preventive health care serv- thousands of miners and their families with the the USPS' packaging service, Pack and Send, ices. The list of preventive services will follow extremely adversarial nature of the current is subject to the PRC's ratemaking. In its deci- the guidelines published in ``The Guide to Clin- program as administered by the Labor Depart- sion, the PRC found that ``the Pack & Send ical Preventive Services'' and ``The Year 2000 ment. service is `postal' in character, and that estab- Health Objectives.'' The preventive services As it now stands, disabled miniers who suf- lishment of the service and recommendations will cover periodic health exams, health fer from the crippling effects of black lung dis- concerning its fees are functions that the Post- screening, counseling, immunizations, and ease are faced with the Federal bureaucracy al Reorganization Act contemplates to be with- health promotion. These services will be spec- so totally lacking in compassion to their plight, in the jurisdiction of the Postal Rate Commis- ified for both males and females, and for spe- that it appears intent upon harassing their ef- sion.'' The USPS must now either discontinue cific age groups. forts to obtain just compensation at every sin- the service or submit the service for a rate Additionally, HHS will publish and dissemi- gle step of the claim adjudication process. with the PRC. nate information on the benefits of practicing In fact, today we are witnessing less than a Under our bill, the USPS will return to focus- preventive health care, the importance of un- 10-percent approval rate on claims for black ing on the core services that it was offering as dergoing periodic health examinations, and the lung benefits. of January 1, 1994. This is a reasonable ap- need to establish and maintain a family medi- This figure does not attest to any reason- proach to protecting jobs and satisfying Amer- cal history for businesses, providers of health able and unbiased comportment of the facts. ican consumers seeking postal services. I en- care services, and other appropriate groups Rather, it represents nothing less than a courage my colleagues to join me in cospon- and individuals. cruel hoax being perpetrated against hard- soring Mr. HUNTER's legislation. Moreover, prevention and health promotion working citizens who have dedicated their f workshops will be established for corporations lives to the energy security and economic well and businesses, as well as for the Federal being of this Nation. COMPREHENSIVE PREVENTIVE Government. A wellness program will be es- The original intent of Congress in enacting HEALTH AND PROMOTION ACT tablished to make grants over a 5-year period legislation to compensate victims of black lung OF 1997 to 300 eligible employers to establish and con- disease was for this to be a fairly straight- duct on-site workshops on health care pro- forward program. This intent has been de- HON. BENJAMIN A. GILMAN motion for employees. The wellness work- feated by years of administrative OF NEW YORK shops can include: counseling on nutrition and maneuverings aggravated by some extremely IN THE HOUSE OF REPRESENTATIVES weight management, clinical sessions on harmful judicial interpretations. Under this bill, we will return to a program that reflects the Tuesday, January 7, 1997 avoiding back injury, programs on smoking cessation, and information on stress manage- statutory commitment Congress, and indeed, Mr. GILMAN. Mr. Speaker, we are all aware ment. the Nation, made to compensate these coal of rising health care costs and reports of Finally, my legislation directs HHS to set up miners and their families. abuses by private health insurance compa- a demonstration project which will go to 50 Make no mistake about it. Victims of black nies. The United States spends far more per counties over a 5-year period to provide pre- lung disease are not people who are looking capita on health care than any other major na- ventive health care services at health clinics. for a handout. tion; according to 1993 estimates, national This program will cover preventive health care They are people who worked their lives in health expenditures totaled $884 billion, or services for all children, adults under a certain one of the most dangerous occupations in this 13.4 percent of the gross domestic product income level. If above the determined income country. [GDP]. Projections on health care expendi- level, fees will be based on a sliding scale. They are people who were promised com- tures indicate that consumer spending for Additionally, the project will entail both urban pensation by their Government. And they are health services will exceed 18 percent of GDP and rural areas in different regions of our Na- people who now see their Government break in the year 2000. tion to educate the public on the benefits of that promise. As health care costs continue to climb, in- practicing preventive health care, the need for It is time, indeed, long past the time that surance carriers have increasingly used expe- periodic health exams, and the need for estab- Congress move legislation on behalf of the rience ratings and underwriting practices to re- lishing a medical history, as well as providing thousands of miners, their widows, and fami- duce their expenses. This has caused insur- services. lies who are being victimized by this program, ance companies to compete for business Mr. Speaker, we can all agree that our cur- the very program that was intended to bring based on risk selection rather than on effi- rent health care system needs to be improved, them relief. ciency or service to the customer. Essentially, and our Nation needs to become healthier. In general, this measure contains the follow- insurers find themselves competing for the Experts have concluded that practicing pre- ing proposals: healthiest, lowest-cost groupsÐa situation that ventive health care does work, and will I. New Eligibility Standards: A miner would leaves individuals, small businesses, families, produce a healthier Nation. Although there is be presumed to be totally disabled by black and high-risk groups searching for affordable, a consensus on the benefits of practicing pre- lung if the miner presents a single piece of accessible health insurance. ventive health care, only approximately 20 qualifying medical evidence such as a positive Making matters worse are reports which percent of health insurance companies offer x ray, ventilatory or blood gas studies, or a continue to surface describing practices by coverage for periodic health exams. medical opinion. The Secretary of Labor could HMO's which restrict patients access to quality Accordingly, to all my colleagues who share rebut the presumption of eligibility only if he health care. Examples include health plan re- my concern regarding the importance of pro- can show that the miner is doing coal mine strictions governing their relationships with ducing a healthier Nation, I invite and urge work or could actually do coal mine work. providers, limiting consumer access, and fail- you to cosponsor this measure, sending a II. Application of New Eligibility Standards: ing to cover or offer adequate preventive clear message to our Nation's citizens that The new standards would apply to all claims health care. Congress is taking significant steps to improve filed after enactment of the Black Lung Bene- Accordingly, I rise today to introduce legisla- our Nation's health care system. fits Act of 1991. All pending claims, and claims tion which will help produce a healthier Nation. f denied prior to enactment of the Black Lung This measure will cover individuals for periodic Benefits Act of 1991 would be reviewed under health exams, as well as counseling and im- REFORM OF THE FEDERAL BLACK the new standards. munizations. LUNG PROGRAM III. Elimination of Responsible Operators: All The Comprehensive Preventive Health and claims would be paid out of the coal industry Promotion Act of 1997 will direct the Secretary HON. NICK J. RAHALL II financed Black Lung Disability Trust Fund. The of Health and Human Services [HHS] to es- OF WEST VIRGINIA purpose of this provision is to eliminate coal tablish a schedule of preventive health care IN THE HOUSE OF REPRESENTATIVES operators as defendants in black lung cases services and to provide for coverage of these and the advantage they have over claimants services under private health insurance plans Tuesday, January 7, 1997 by being able to afford to pay legal counsel. and health benefit programs of the Federal Mr. RAHALL. Mr. Speaker, today, I am re- IV. Widows/Dependents: A widow or de- Government. introducing legislation that I have sponsored pendent of a miner would be awarded benefits More specifically, the Secretary of HHS, in for several Congresses now to form the Fed- if the miner worked 25 years or more in the consultation with representatives of the major eral Black Lung Program. mines; the miner died in whole or in part from January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E21 black lung; the miner was receiving black lung to the equally valuable contribution of non- tations on Exclusive Rights; Computer Pro- benefits when he died; or medical evidence of- elected leaders throughout our Nation. The grams,'' during the 104th Congress. Under fered by the miner before he died satisfies fabric of our society is generally enhanced and suspension of the rules, H.R. 1861 was new eligibility standards. Widows who are re- enriched by the hard work done year after passed by voice vote. ceiving benefits and who remarry would not be year by ordinary volunteer citizens. Especially The specific problem is when a computer is disqualified from continuing to receive the ben- in our inner-city communities which suffer from activated, the software is copied into the Ran- efits, and a widow would be entitled to receive long public policy neglect, local grassroots dom Access Memory [RAM]. This copy is pro- benefits without regard to the length of time leaders provide invaluable services. These are tected under section 117 of the Copyright Act, she was married to the miner. men and women who engage in activities as interpreted by the Fourth and Ninth Circuits V. Offsets: The practice of offsetting a min- which generate hope. I salute all such heroes Court of Appeals. This technical correction is er's Social Security benefits by the amount of and heroines ad BEACONS-OF-HOPE. extremely important to Independent Service black lung benefits would be discontinued. Lorrelle Henry is one of these BEACONS- Organizations [ISO's] who, without this legisla- f OF-HOPE residing in the central Brooklyn tion, are prohibited from turning on a cus- community of New York City and New York tomer's computer. A wave of litigation has THE REINTRODUCTION OF THE State. Ms. Henry served as the director of li- plagued the computer repair market. The det- FAIRNESS IN POLITICAL ADVER- braries for the New York City school system rimental effect is that ISO's are prevented TISING ACT until her retirement. She now serves as an ad- from reading the diagnostics software and junct professor at the Borough of Manhattan subsequently cannot service the computer's HON. LOUISE McINTOSH SLAUGHTER Community College. hardware. The financial reality is that the OF NEW YORK Although retired from the school system, multibillion dollar nationwide ISO industry is at IN THE HOUSE OF REPRESENTATIVES Ms. Henry continues to work as an advocate risk. for children. Ms. Henry serves as president of My bill provides language that authorizes Tuesday, January 7, 1997 the Central Brooklyn Martin Luther King Com- third parties to make such a copy of the lim- Ms. SLAUGHTER. Mr. Speaker, in this past mission; vice president of the New York City ited use of servicing computer hardware com- election season, spending levels for Federal Martin Luther King Commission; treasurer of ponents. My bill does nothing to threaten the elections shattered all previous records, for an the Brooklyn Women's Political Caucus; mem- integrity of the Copyright Act and maintains all estimated total of $1.6 billion. Given the vast ber of ALA Caldecott Committee, which se- other protections under the act. sums of money required to run for office, lects outstanding children's books; member of The intent of the Copyright Act is to protect wealthy individuals have a significant advan- the Coretta Scott King Award Jury, which se- and encourage a free marketplace of ideas. tage over ordinary citizen candidates. That is lects outstanding children's books by black au- However, in this instance, it hurts the free hardly representative government. The cost of thors; member of the board of directors of the market by preventing ISO's from servicing running for political office in America has sim- Great Day Chorale; member of the Lincoln computers. Furthermore, it limits the consum- ply become too high, and I am determined Place Block Association; and member of the er's choice of who can service their computer that we find a better way. Award of the Americas Committee, which se- and how competitive a fee can be charged. On election night, I vowed to redouble my lects outstanding children's books portraying f efforts to clean up our out-of-control campaign Latin American and Caribbean life. Moreover, finance system. Today I am reintroducing the she is a recipient of numerous awards includ- BANKRUPTCY LAW TECHNICAL Fairness in Political Advertising Act, which ing the School Library Service Award and the CORRECTIONS ACT OF 1997 would both reduce the cost of elections and New York State Martin Luther King, Jr. Presi- level the playing field by requiring broadcast dent's Award. HON. JOHN CONYERS, JR. stations to make free political advertising time Lorrelle Henry is the oldest of two children OF MICHIGAN available to candidates, as a condition of and grew up in Harlem during the exciting IN THE HOUSE OF REPRESENTATIVES those stations renewing their licenses. And be- times of Langston Hughes, Adam Clayton Tuesday, January 7, 1997 cause so many voters have expressed dismay Powell, and others. Lorrelle's parents always over negative advertising, my bill would also emphasized the necessity for donating time Mr. CONYERS. Mr. Speaker, today I am in- require that the programming consist of uned- and energy to neighbors and community. In troducing the Bankruptcy Law Technical Cor- ited segments in which the candidate speaks addition, her parents encouraged their children rections Act of 1997. This legislation provides directly into the camera. In this way, can- to be political activists. a number of much-needed technical correc- didates would be directly accountable for any Lorrelle Henry is a native New Yorker who tions and updates to our bankruptcy laws. statements made. attended the city's public schools. She later Many of the changes identified in the bill are My first responsibility in this Congress is to graduated from Brooklyn College and obtained designed to remedy drafting errors in the see that the people of New York's 28th Con- a master's in library science from St. John's Bankruptcy Reform Act of 1994, while others gressional District, as well as our Nation, ex- University. relate to provisions in the Bankruptcy Code perience fair and clean campaigns in the Ms. Henry is the mother of three children, which pre-date the 1994 changes. The legisla- years to come. The Fairness in Political Ad- Michelle, Gairre, and Scott. And she is the tion is based in part on a series of changes vertising Act would go a long way toward re- proud grandmother of Kahlil, Shaniqua, Naren, brought to Congress' attention by the non- ducing the influence of money on our elec- and Jordan. partisan National Bankruptcy Conference last tions. I urge Congress to enact it now. Lorrelle Henry is a BEACON-OF-HOPE for Congress, many of which were incorporated f all of central Brooklyn and for all Americans. into S. 1559, the Bankruptcy Technical Cor- f rections Act of 1996. A BEACON-OF-HOPE FOR ALL Among other things, the bill I am introducing AMERICANS: LORRELLE HENRY COMPUTER MAINTENANCE COM- today updates a number of definitions, clarifies PETITION ASSURANCE ACT OF that debtors' attorneys may be compensated HON. MAJOR R. OWENS 1997 out of the debtor's estate, clarifies the types of OF NEW YORK professional services which are eligible for ad- IN THE HOUSE OF REPRESENTATIVES HON. JOE KNOLLENBERG ministrative expense treatment, and provides that the 1994 amendments to section 525(c) Tuesday, January 7, 1997 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES apply only to bar discrimination concerning Mr. OWENS. Mr. Speaker, with the 1996 students loans and grants because of prior election behind us, this Nation has completed Tuesday, January 7, 1997 bankruptcies. another cycle of the ongoing democratic proc- Mr. KNOLLENBERG. Mr. Speaker, I rise The bill also specifies that in 1994, when ess which makes America great. The electoral today to introduce a bill to ensure that a com- Congress overruled the Deprizio line of cases, process and the public officials selected puter owner may authorize the activation of we intended the new law to apply to transfers through this process are invaluable assets in their computer by a third party for the limited of liens in property. In addition, the bill modi- our quest to promote the general welfare and purpose of servicing computer hardware com- fies section 365 of the Bankruptcy Code to, to guarantee the right to life, liberty, and the ponents. This is the same language that I among other things, make it clear that sub- pursuit of happiness. It is important, however, worked with former Chairman Carlos Moor- section (b)(2)(D), providing an exception to the Mr. Speaker, that we also give due recognition head to include in H.R. 1861, section 7, ``Limi- obligations which must be cured in order for E22 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 the trustee to assume a lease, covers penalty Rev. King's message was that ``hate destroys Many private interests already make signifi- rates as well as penalty provisions, thereby the hater more than the hated.'' cant investments in education technology. In overruling In re Claremeont Acquisition Corp., We have a long way to go before prejudice my San Diego County congressional district, 186 B.R. 977, 990 (C.D. Cal. 1995). and intolerance are eradicated. It behooves us major employers like Sony, Pacific Bell and The bill also clarifies and updates a number all on the birthday of this great American, to Qualcomm invest significant time and re- of matters relating to trustees. Among other recall his vital and timeless message. sources into adopting local public schools. My things, the legislation clarifies the procedure Martin Luther King's birthday is an appro- annual High Tech Fair introduces thousands for electing private trustees in chapter 11 priate time for all Americans to remember that of high school students to our community's cases, specifies that trustees may operate in we must continue to move forward, until the leading high-tech employers and the work they a full range of professional capacities and re- day when all of us are afforded full oppor- are doing for the future. An organization called tain brokers who work under a range of com- tunity, and that none of us have to be con- the San Diego Science Alliance gathers to- pensation arrangements, and eliminates the cerned that race, color, creed, or ethnic herit- gether dozens of companies and university re- outdated trustee residency requirement in age are a hindrance to any individual, or to search organizations to expand student and chapter 7 cases. our nation as a whole. teacher interest in technology, science, and Finally, the bill eliminates the construction of Dr. King kept urging his fellow Americans to research. The Detwiler Foundation, located in the Bankruptcy Code which prevented non- free themselves from the shackles of hatred. La Jolla, CA, has expanded nationally its inno- individuals from bringing actions for violations Let us resolve, in these last few years of the vative plan to accept donations of computers, of the automatic stay, and conforms the grace 20th century, to recommit ourselves to the refurbish them to the state-of-the-art, and in- period for filing security interests under section goals with which Martin Luther King inspired stall them in classrooms. And several major 547 to 20 daysÐconsistent with other provi- us all over a quarter century ago. education software firms, including Jostens sions in the Bankruptcy Code. f and the Lightspan Partnership, are working on With a record million plus bankruptcy filings A PROPOSAL TO BRING OUR bringing technology into classrooms from in 1996, it is essential that we act to smooth SCHOOLS INTO THE 21st CENTURY headquarters in San Diego County. the operation of our insolvency laws. These As a father, as a former teacher, coach and technical changes will benefit both debtors top gun instructor, and as the past chairman and creditors, and it's my hope that Congress HON. RANDY ‘‘DUKE’’ CUNNINGHAM of the House Subcommittee on Early Child- can quickly take up and pass this bill during OF CALIFORNIA hood, Youth and Families, I am more con- the 105th Congress. IN THE HOUSE OF REPRESENTATIVES vinced now than ever before that the need is f Tuesday, January 7, 1997 so great that more must be done to bring the Mr. CUNNINGHAM. Mr. Speaker, I rise education of our young people into the 21st IN HONOR OF MARTIN LUTHER today to discuss our education system and to Century. Congress is now investing about $1 KING, JR. propose legislation that I am developing to billion annually into education technology, but help accelerate our society's private invest- this is a drop in the bucket. Years of Govern- HON. BENJAMIN A. GILMAN ment in our young people. ment overspending, deficits and debt make a OF NEW YORK The key to the continued success and sur- more massive direct Federal investment pro- IN THE HOUSE OF REPRESENTATIVES vival of America and of individual Americans is gram unfeasible and unlikely. We should in- Tuesday, January 7, 1997 the quality of our children's education. As we stead work to direct the innovation and energy approach the 21st Century, our education sys- of private enterprise to the education of our Mr. GILMAN. Mr. Speaker, later this month tem and our young people alike face tremen- young people. Americans will commemorate the birthday of dous challenges. This is why I am developing legislation to an outstanding patriot and great moral leader, We agree that today's classrooms are sup- expand tax incentives for American busi- the late Rev. Dr. Martin King, Jr. ported by dedicated teachers, involved fami- nesses to invest privately and directly in their Rev. King is so vital in the memory of those lies, and bright young children. But many of local classrooms. Today, companies can de- of us who are old enough to remember him our Nation's classrooms lack the important duct from taxable income the depreciated that it is hard to imagine that, had he not been technological resources that they need to train value of products which are donated to chari- so tragically murdered, he would be celebrat- both teachers and students in the ways of the table tax-exempt organizations. Under my ing his 68th birthday this month. Dr. King was future. Most jobs today, and a vast majority of plan, companies such as telephone compa- such a vibrant personality and so reflective of jobs in the future, demand familiarity and skill nies, computer networking firms, software his times one can only wonder what his role with high technology. Technological literacy companies, and perhaps even professionals in would be today had he not been taken from has long been a must for our scientists and high-tech training would be offered an ex- us at such a young age. engineers. But technological literacy is in- panded tax incentive to donate equipment or Today, the entire Nation is in debate regard- creasingly a prerequisite for factory production services to local schools. ing Proposition 209 in California, with both workers, law enforcement personnel, office This type of tax incentive would expand pri- sides claiming that theirs is the path to true ra- staffs and thousands of other careers less fre- vate investment in the technological literacy of cial justice. A popular current motion picture quently associated with technology and the America's young people. It would accelerate depicts the 30 year struggle to bring the as- present revolution in telecommunications. the equipping of our young people for the sassin of Medgar Evers at long last to justice. How is our system of education meeting this high-tech environment that exists today, and Our talk shows and pundits have devoted a tremendous change? Despite good intentions, tomorrow as well. great deal of time debating the policy of the it is not doing well enough. Less than one in Such legislation raises important questions. Oakland, CA, school system in treating eight of our classrooms has a phone jack. Should the expanded tax credit be available ebonics as a separate language. Americans Fewer than 1 in 50 classrooms are connected for donations to private schools and everywhere have been appalled throughout to the Internet, one of the fastest-growing and homeschooling organizations, in addition to the past year regarding the burning by most dynamic information tools of our time. public schools? How can the credit be limited arsonists of predominantly Afro-American Fortunately, Congress last year enacted com- only to those donations that are part of a churches throughout the Nation but especially prehensive telecommunications reform legisla- school's own education technology plan. It in the South. A few weeks ago, Dr. King's as- tion which will heavily discount the rates should not be an incentive for companies to sassin lay near death in a Tennessee hospital, schools will pay for interactive connectivity. dump obsolete equipment or software on with people all around the world hoping that, But the challenge extends beyond needs for schools that do not want it. What constitutes on his deathbed, he would finally reveal the technological linkups and hardware. Too many appropriate products and services that would truth of that tragic day in 1968, and if he in- of our teachers lack the hardware, software, or be eligible for the expanded credit, and how deed acted alone. training to teach young people about tech- should they be valued? One can only speculate on what Dr. King's nology, or to harness technological advance- These issues should not stop us from taking comments would have been in these and ments to improve education as it has trans- action. The job of bringing the education of other controversies. formed commerce and communications. our children into the 21st Century is a tremen- We do know, however, that Dr. King would Without early training in computer program- dous task. But while the task is great, I remind have reminded us in each and every one of ming or digital technology, many of our future my colleagues that the opportunity for this pro- these instances of the message he devoted leaders will start off in life at a severe dis- posal to benefit our country and our children his life to deliver, and which cost him his life. advantage. is greater still. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E23 Mr. Speaker, as I continue to develop this IN HONOR OF THE FAIRPORT FIRE annual Community Health Fair to her church, important legislation, I encourage my col- DEPARTMENT MARCHING BAND St. Catherine's of Genoa in Brooklyn. Her so- leagues to discuss this important matter with cially conscious political work has brought her families, teachers, school staffs, employers HON. LOUISE McINTOSH SLAUGHTER talents to a number of important organizations. and universities in their own congressional dis- OF NEW YORK She is one of the founding members of two or- tricts. Recommendations and suggestions are IN THE HOUSE OF REPRESENTATIVES ganizations: Caribbean Women's Health Asso- most welcome, and should be directed to my Tuesday, January 7, 1997 ciation and Community Action Project [CAP]. Washington office. Ms. Papillon's community focus continues in Ms. SLAUGHTER. Mr. Speaker, I rise to her work with the Community Affairs Depart- pay tribute to the Fairport Fire Department f ment of the New York City Police 67th Pre- Marching Band, which celebrated its 25th an- cinct. She is also an enthusiastic member of niversary on January 4, 1997. 100 Women for Major Owens; second vice SMALL COMMUNITIES CDBG Over the past 25 years, this group of tal- president of the Martin Luther King Commis- MULTIPURPOSE FACILITIES ACT ented musicians has spread its reputation sion; member and past membership chair of across New York State. The band regularly the Brooklyn Women's Political Caucus, and a participates in the St. Patrick's Day Parade in liaison for the Democratic Party for Haitian- HON. BILL RICHARDSON Syracuse, NY, and the ``Christmas In July'' American Democrats in Brooklyn. OF NEW MEXICO Parade in Clayton, NY. It has received numer- Among the many awards and commenda- ous prizes and honors, including winning the IN THE HOUSE OF REPRESENTATIVES tions received by Evy Papillon are: Kingsboro State championship 5 of the past 7 years. The Psychiatric Center Family Care Program Tuesday, January 7, 1997 band also has had the honor of displaying its Award; New York City State Employees Fed- musical talent to Vice President AL GORE. erated Appeal Recognition Award; Director's In addition to parading and competing, the Mr. RICHARDSON. Mr. Speaker, today I am Award, Kingsboro Psychiatric Center; and the players perform numerous concerts throughout pleased to introduce legislation that will enable Central Brooklyn Martin Luther King Commis- the Rochester area. The Rochester community small towns across our Nation to fully benefit sion Award. benefits immeasurably from the contributions from the community development block grant Evy Papillon emigrated to the United States program available through the Department of of this dedicated and talented group of people. I extend my congratulations to them as they from Jeremie, Haiti in 1959. She is a graduate Housing and Urban Development. celebrate 25 years of making music. of St. Joseph's College LaChine at the Univer- sity of Montreal where she received a bach- My bill would amend the community devel- f opment block grant regulations to allow munic- elor of arts degree in nursing and attended St. ipal employees in towns of 5,000 or less popu- BEACON-OF-HOPE FOR ALL Joseph's College in New York where she re- AMERICANS: EVY PAPILLON ceived a bachelor of arts in 1983, and a mas- lation to use not more than 25 percent of the ter of arts in 1986 in health administration. square footage in facilities purchased, con- Evy Papillon is a BEACONS-OF-HOPE for structed or renovated with CDBG funds. HON. MAJOR R. OWENS OF NEW YORK Central Brooklyn and for all Americans. I am introducing this legislation after learn- IN THE HOUSE OF REPRESENTATIVES f ing of a problem in the Village of Grady, a Tuesday, January 7, 1997 small community in eastern New Mexico. COMPREHENSIVE FETAL ALCOHOL SYNDROME PREVENTION ACT Strapped for adequate office space, municipal Mr. OWENS. Mr. Speaker, with the 1996 employees sought and received what they election behind us, this Nation has completed thought was appropriate Government approval another cycle for the ongoing democratic proc- HON. BILL RICHARDSON to move into a small space in a facility built ess which makes America great. The electoral OF NEW MEXICO process and the public officials selected with CDBG funds. But lo and behold, once the IN THE HOUSE OF REPRESENTATIVES through this process are invaluable assets in move took place, a further examination of our quest to promote the general welfare and Tuesday, January 7, 1997 Government regulations revealed that the vil- to guarantee the right to life, liberty, and the Mr. RICHARDSON. Mr. Speaker, today, I lage is prohibited by law from occupying any pursuit of happiness. It is important, however, am pleased to be introducing legislation to space in a building built with CDBG funds. Mr. Speaker, that we also give due recognition help lead the battle to end fetal alcohol syn- The financially strapped village is now stuck to the equally valuable contribution of non- drome. The Comprehensive Fetal Alcohol with a $13,500 expense to remain in the build- elected leaders throughout our Nation. The Syndrome Prevention Act will establish a well- ing. fabric of our society is generally enhanced and coordinated prevention program to help end A small town has a severely limited tax enriched by the hard work done year after one of the most devastating conditions afflict- base. It cannot afford to construct separate year by ordinary volunteer citizens. Especially ing our Nation's children today. buildings for every essential service offered its in our inner-city communities which suffer from Fetal alcohol syndrome is a frustrating prob- residents. It cannot afford to purchase dupli- long public policy neglect, local grassroots lem in our society today. It is completely pre- cate office equipment and supplies nor to pay leaders provide invaluable service. These are ventable. Very simple. No alcohol. No birth de- fects. It sounds like it would be easy to elimi- insurance, utilities, and maintenance expenses men and women who engage in activities nate this problem but it's not. on several buildings. which generate hope. I salute all such heroes and heroines as BEACONS-OF-HOPE. Fetal alcohol syndrome remains one of the Citizens who are hired for municipal jobs in Evy Papillon is one of these BEACONS-OF- top three causes of birth defects in this Nation small communities, such as clerks, policemen, HOPE residing in the Central Brooklyn com- and the leading known cause of mental retar- firemen, and emergency medical service em- munity of New York City and New York State. dation. In my home State of New Mexico, ployees, must often share job responsibilities. Throughout the years, Evy Papillon has some parts of the State have rates of fetal al- Not only is it not economically feasible, but it worked diligently in positions that she found to cohol syndrome from two to five times higher is very difficult for these employees to work be beneficial to the community. She is directly than the national average. form separate buildings in terms of job com- responsible for community enhancement ef- The bill being introduced in the House today munication and coordination. forts that impact the social-human services is an important step in the right direction to- and health care. Every Saturday, Ms. Papillon ward eliminating this problem. This legislation Small towns must provide vital services to devotes her time toward feeding the homeless will help create comprehensive public edu- their residents. To do so efficiently, municipal at her own expense. A member of Foyer cation, prevention, and research programs employees must be able to conduct business Chretien since 1993, she assists Haitians and within the Department of Health and Human in decent, affordable, and convenient facilities. Haitian-Americans with problems regarding il- Services. The bill will give us a coordinated We must give our small communities special literacy and financial challenges. She also system to begin to really reduce the incidence consideration and enable them to make the helps individuals obtain visas, gain residency, of this very costly birth defect. best use of limited funding resources. A multi- and encourages them to fulfill civic responsibil- The bottom line is that we must get Federal purpose use of facilities purchased, built or ities. funds to the areas that count: to schools, to renovated with community development block Recognizing the importance of early detec- community health centers, and to clinics. In grants is the only answer. tion of breast cancer, Evy Papillon brought the those places, the funds can be used to spread E24 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 the word about the dangers of consuming al- The MacBride Principles campaign has Ireland had shared economic development cohol during pregnancy. been the most effective and meaningful effort and provides for economic justice among both It's obvious that we have not yet found an by Irish America, and their many allies around traditions. effective way to prevent women from consum- the world, against the systemic and longstand- Only then can peace and justice take firm ing alcohol during pregnancy. In fact, recent ing anti-Catholic discrimination in employment and lasting hold in Northern Ireland. The studies have shown that the number of those practices in Northern Ireland. I have been Macbride Principles provide a vital tool to help born with fetal alcohol syndrome is actually on pleased to work with the Irish National Cau- ensure that the United States neither accepts the rise. We have been given a challenge to cus, and AOH, and other outstanding Irish- nor in any way helps maintain the totally unac- our Nation's public health and we have so far American groups, and the American labor ceptable status quo of twice the level of failed to meet it. movement, in this very important cause. Catholic unemployment as that of the other As we begin to earnestly debate how to re- The MacBride effort has played a vital role tradition which still exists in Northern Ireland form our health care system, it only makes in keeping the issue of anti-Catholic discrimi- today. sense that we work to eliminate health care nation in Northern Ireland visible and in the Accordingly, I urge all my colleagues con- problems in our country that can be com- public eye, including as part of any United cerned about lasting peace and justice in pletely prevented. States foreign assistance to Northern Ireland. Northern Ireland to support this bill we are in- We must face these challenges and meet The initial campaign was instrumental in bring- troducing today. them head on. Eliminating these completely ing about the British Government's Fair Em- f preventable problems will not only go a long ployment Act of 1989. INTRODUCTION OF INDEPENDENT ways toward improving our health care sys- Much more still needs to be done to ad- COUNSEL LAW REFORM tem, but also the lives of our people. dress a serious and continuing problem in f Northern Ireland, where Catholics are still HON. JOHN CONYERS, JR. MAC BRIDE PRINCIPLES BILL twice as likely to be unemployed as that of their Protestant counterparts. This is unfair OF MICHIGAN and must change if lasting peace and justice IN THE HOUSE OF REPRESENTATIVES HON. BENJAMIN A. GILMAN are ever to take hold in Northern Ireland. Tuesday, January 7, 1997 OF NEW YORK The bill we are introducing today will help IN THE HOUSE OF REPRESENTATIVES Mr. CONYERS. Mr. Speaker, today I am in- bring about much needed additional change, troducing a new bill that will amend the inde- Tuesday, January 7, 1997 at least as to employment practices of the pendent counsel law to reform many of the Mr. GILMAN. Mr. Speaker, today I rise to in- many United States firms doing business in current law's clear blemishes. troduce the Federal MacBride Principles bill. I the north of Ireland today. Although this bill is not intended to embar- am pleased once again to be joined by my The MacBride Principles have the support of rass or target the Whitewater independent distinguished colleague and Ad Hoc Commit- many in the Irish Government, the European counsel Ken Starr, the need for serious revi- tee for Irish Affairs co-chair, Mr. MANTON of Parliament, and both major political parties sions to the independent counsel law has be- New York, as an original cosponsor of this im- here in the United States we are also pleased come clear to me after observing the abuses portant bipartisan antidiscrimination measure to see this same support for MacBride in- taking place in the Whitewater case. Whatever dealing with employment practices in Northern cluded for the first time ever in both major po- your view of Whitewater, you may be sur- Ireland. litical party platforms this past presidential prised to learn that the investigation of Fair employment for Catholics in Northern election year here in the United States. Whitewater has already cost more money and Ireland is an issue that has for many years Mr. Clinton as a candidate pledged during involved more FBI agents than the investiga- concerned me, as well as millions of Irish here the 1992 Presidential campaign that he would tion of the World Trade Center bombing. in America, and all around the globe. support the MacBride Principles. However, No matter how serious you think Whitewater I was very pleased in the 104th Congress to during the 104th Congress he forgot that may be, there is absolutely no comparison be- not only hold congressional hearings on this pledge while his administration fought from the tween a land deal that occurred over 17 years subject matter, but to also lead the effort for outset my efforts at inclusion of the MacBride ago and a terrorist conspiracy to blow up a the first ever congressional passage of the Principles are part of the U.S. contribution to major American landmark and office building, MacBride Fair Employment Principles as part the IFI in the foreign aid bill. killing many people, injuring scores of others, of our United States taxpayer contribution to The President says he continues to support reeking havoc and mayhem on the entire city the International Fund for Ireland [IFI]. the MacBride Principles. These principles of New York, and causing millions of dollars in This bill, which we introduce today, incor- have been passed into law in 16 States, in- damages. porates all of the minor changes we made in cluding our own State of New York. Many The office of the independent counsel has the MacBride Principles, i.e., principles of eco- American cities and towns have also passed run amok. It is time that we stopped allowing nomic justice as defined and passed by the laws or resolutions on the principles. Indeed, independent counsels to run off on their own last Congress as part of the U.S. contribution the U.S. Congress allowed the principles to with no accountability to run up bills running to the IFI in the foreign aid bill I referenced become law for the District of Columbia on into the millions of dollars with little to no ben- earlier. The MacBride Principles have not March 16, 1993; and we passed them last efit for the American people. been changed in any substantive way. year as part of the foreign aid authorization The prosecution of Whitewater has also We must treat equally those who would re- bill, but regret some we were not able to over- brought up many ethical mattersÐbeginning ceive any United States foreign assistance, come the President's veto of this bill, and with the initial appointment process. My bill will the very same as we do United States em- make them law. require all ex parte communications relating to ployers doing business in Northern Ireland. The President after his veto of the foreign the appointment of an independent counsel by The changes made in the Federal MacBride aid bill during the 104th Congress, ordered his the judges who appoint the counsel to be me- bill I am introducing today governing these U.S. Agency for International Development morialized. United States employers doing business there, Administrator Brian Atwood, and our U.S. ob- The appointment of Ken Star has also will also serve to make our approach to both server to to the IFI to work to ensure that the flagged several other ethical issues that recipients of foreign aid and United States em- IFI complied as least as to the U.S. contribu- should be considered before the appointment ployers doing business in Northern Ireland, to- tion, with our provisions included as part of the of any future counsels. tally consistent, and identical, as well. foreign aid bill (H.R. 1561). His move rep- Are lawyers who have previously rep- Our bill would prohibit all United States resented some progress, but we must do resented people with interests adverse to the companies in Northern Ireland from exporting more, and codify these principles into law. We target of the investigation truly able to be inde- their products back to the United States, un- would welcome the President's support for pendent? Ken Starr represented Paula Jones, less they are in compliance with these simply these efforts. the woman who is suing the President for sex- straightforward MacBride Principles intended We must be all we can to help address and ual harassment, and the Bradley Foundation, to deal with, and help promote economic jus- bring focus to hear on the twin problems of a conservative organization known for its vitri- tice in the north of Ireland. These principles unemployment and discrimination, especially olic coverage of Whitewater. Such prior rep- serve as a set of guidelines for fair employ- in the Catholic community in Northern Ireland. resentation raises, to my mind, at the very ment by establishing a code of corporate con- The U.S. can help pay a important role in the least, the appearance of a conflict. duct, which explicitly does not require quotas, chances for lasting peace and justice in North- In addition, while pursuing the Whitewater or any form of reverse discrimination. ern Ireland by working to ensure that Northern matter, Judge Starr has remained affiliated January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E25 with the law firm of Kirkland & Ellis where he SEC. 4. BASIS FOR PRELIMINARY INVESTIGA- PROTECT CALIFORNIA’S COAST- pulls down over a million dollars a year. Do TION. LINE WITH A MORATORIUM ON we want an independent counsel who will in- This section requires the Attorney General OIL AND GAS DEVELOPMENT vestigate the matter and do his or her job as to conduct a preliminary investigation quickly as possible without distractions or do whenever she has received specific informa- tion from a credible source that an individ- HON. RANDY ‘‘DUKE’’ CUNNINGHAM we want someone who fits the investigation in OF CALIFORNIA around other commitments so as not to dimin- ual subject to the Independent Counsel Law has committed any federal felony or any fed- IN THE HOUSE OF REPRESENTATIVES ish his high salary? eral misdemeanor for which there is an es- Tuesday, January 7, 1997 Mr. Starr's continued affiliation with his firm tablished pattern of prosecution. raises other troubling ethical questionsÐ Mr. CUNNINGHAM. Mr. Speaker, I rise should an independent counsel be in the posi- SEC. 5. SUBPOENA POWER. today to introduce legislation to extend the tion of questioning individuals who are in turn This section gives the Attorney General moratorium on oil and gas development in the questioning his own law firm about their prior the power to issue subpoenas duces tecum Outer Continental Shelf [OCS] off the coast of activitiesÐin this case the Resolution Trust when conducting a preliminary investiga- California. This legislation is similar to H.R. Corporation? tion. 219 from the 104th Congress. It seems to me that the special court should SEC. 6. LEVEL OF EVIDENCE. Californians strongly favor continuing this at least consider such conflicts when appoint- moratorium. The State of California has en- This section allows the Attorney General acted a permanent ban on all new offshore oil ing an independent counsel and my bill will re- to determine that there is no basis for an in- development in State coastal waters. In addi- quire the court to consider such issues. vestigation to continue if, by a preponder- As important as these ethical questions are, ance of the evidence, she determines that the tion, California Gov. Pete Wilson and State an even greater problem is that these ques- subject of the investigation lacked the req- and local community leaders up and down tions distract us from the main issueÐthe uisite state of mind. California's coast have endorsed the continu- Whitewater investigation itself. In recent ation of this moratorium. SEC. 7. PROSECUTORIAL JURISDICTION OF INDE- I believe that the environmental sensitivities months you have not been able to read a sin- PENDENT COUNSEL. gle article about Whitewater before bumping along the entire California coastline make the into a discussion of Ken Starr's ethical jungle. This section limits the scope of the inde- region an inappropriate place to drill for oil pendent counsel’s investigation to those Because the office of the independent counsel using current technology. A 1989 National matters for which the Attorney General has Academy of Sciences [NAS] study confirmed is so important and so high profile, those ap- requested the appointment of the counsel pointed to the position should not have even and matters directly related to such crimi- that new exploration and drilling on existing the appearance of conflicts. nal violations, including perjury, obstruction leases and on undeveloped leases in the My bill would require a court appointing an of justice, destruction of the evidence, and same area would be detrimental to the envi- independent counsel to look at the potential intimidation of witnesses. ronment. Cultivation of oil and gas off the coast of California could have a negative im- counsel's past and present conflicts and to SEC. 8. CONSULTATION WITH THE DEPARTMENT consider whether the counsel should work on OF JUSTICE. pact on California's $27 billion-a-year tourism the investigation full time. and fishing industries. This section allows an independent counsel I also want to note my grave disappointment This legislation focuses on the entire State to consult with the Department of Justice of California, and would prohibit the sale of over the politicization of efforts to revise the regarding the policies and practices of the independent counsel law. Department is such consultation would not new offshore leases in the southern California, Last February, the Crime Subcommittee compromise the counsel’s independence. central California, and northern California plan- held a hearing on this matter and there ap- ning areas through the year 2007. New explo- SEC. 9. AUTHORITIES AND DUTIES OF INDEPEND- ration and drilling on existing active leases peared to be widespread bipartisan agreement ENT COUNSEL. that the statute is in need of revisions. and on undeveloped leases in the same areas This section requires the independent I hope that Chairman HYDE will consider this would be prohibited until the environmental counsel to comply with the Department of concerns raised by the 1989 National Acad- bill, and in the spirit of bipartisanship that was Justice’s policies for handling the release of exhibited during the independent counsel emy of Sciences study are addressed, re- information relating to criminal proceed- solved, and approved by an independent peer hearing, schedule a markup as quickly as pos- ings. sible. review. This measure ensures that there will This section requires the independent CONYERS’ INDEPENDENT COUNSEL LAW— be no drilling or exploration along the Califor- counsel to petition the court, after 2 years, nia coast unless the most knowledgeable sci- SECTION BY SECTION for funding to continue the investigation. entists inform us that it is absolutely safe to do SECTION 1. SHORT TITLE. This section also requires the periodic re- The title of the bill is the ‘‘Independent ports filed by the independent counsel to in- so. Counsel Accountability and Reform Act of clude information justifying the office’s ex- I am proud to be working to protect the 1997.’’ penditures. beaches, tourism, and the will of the people of SEC. 2. EXTENSION. California. I ask my colleagues to join me in SEC. 10. REMOVAL, TERMINATION AND PERIODIC This section reauthorizes the Independent REAPPOINTMENT OF INDEPENDENT cosponsoring this legislation. Counsel Act. COUNSEL. f SEC. 3. APPOINTMENT AUTHORITY. This section adds the subject of the inves- A BEACON-OF-HOPE FOR ALL This section requires at least one member tigation to the list of those who can seek the AMERICANS: EDENA C. GILL of the division of the court appointing an termination of the independent counsel on independent counsel to have been named to the ground that the investigation has been the Federal bench by a President of a dif- completed or that it would be appropriate for HON. MAJOR R. OWENS ferent political party than the other two the Department of Justice to complete the OF NEW YORK members of the court. investigation or conduct any prosecution. This section gives the District Court for IN THE HOUSE OF REPRESENTATIVES the District of Columbia jurisdiction over This section requires the independent Tuesday, January 7, 1997 the special division. counsel to petition the court for reappoint- This section provides that the members of ment every 2 years and allows the court to Mr. OWENS. Mr. Speaker, with the 1996 the special division shall be bound by the Ju- appoint a new counsel if the court finds that election behind us, this nation has completed dicial Code of Conduct. It authorizes the appointed counsel is no longer the appro- another cycle for the ongoing democratic proc- judges appointing an independent counsel to priate person to carry out the investigation. ess which makes America great. The electoral seek comments about potential nominees, process and the public officials selected SEC. 11. JOB PROTECTIONS FOR INDIVIDUALS but requires them to memorialize, not the UNDER INVESTIGATION. through this process are invaluable assets in substance, but the fact of those communica- our quest to promote the general welfare and This section protects individuals whose po- tions. to guarantee the right of life, liberty and the This section requires the special division sitions are not excepted from the competi- to consider whether: (1) a potential independ- tive service on the basis of confidential, pol- pursuit of happiness. It is important, however, ent counsel has any conflicts of interest; (2) icy-determining, policymaking, or policy ad- Mr. Speaker, that we also give due recognition will devote him or her self to the investiga- vocating character from being terminated to the equally valuable contribution of non- tion full time; and (3) the potential counsel for the sole reason that the person is the sub- elected leaders throughout our nation. The has prosecutorial experience. ject of an independent counsel investigation. fabric of our society in generally enhanced E26 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 and enriched by the hard work done year after had family incomes of less than $16,000 per Second National Blue Ribbon Commission to year by ordinary volunteer citizens. Especially year. Nurse practitioners rate as high in finan- Eliminate Waste in Government Act. This leg- in our inner city communities which suffer from cial efficiency as they do in consumer satisfac- islation is similar to H.R. 217 from the 104th long public policy neglect, local grassroots tion. Their ability to focus on preventative and Congress. Building upon the example set by leaders provide invaluable service. These are curative medical services contribute to the the Grace Commission in 1982±84, my legis- men and women who engage in activities quality as well as the cost-effectiveness of the lation creates an independent private sector which generate hope. I salute all such heroes care they provide. commission to help Congress eliminate Gov- and heroines as BEACONS-OF-HOPE. It is well known that a majority of our under- ernment waste. Edena C. Gill is one of these BEACONS- served populations are located in rural and The Grace Commission, officially estab- OF-HOPE residing in the central Brooklyn inner city settings across the Nation. While lished as the President's Private Sector on community of New York City and New York nurse practitioners are willing and able to pro- Cost Control in the Federal Government, mar- State. During the 1960's, Ms. Gill became in- vide services in these settings, not all nurse shaled the considerable private sector re- volved in the Civil Rights Movement and was practitioners are currently being reimbursed by sources of more than 2,000 business profes- motivated by such mentors as Jitu Weusi, Al Medicaid for their services in these areas. sionals at no cost to the taxpayers. After 2 Vann and many others who were involved in Nurse practitioners can play a central role in years of investigating the Federal Government the Ocean Hill Brownsville fight. She even achieving our national goal of providing qual- for more cost-effective ways of doing the Na- worked with assemblyman Roger Green on ity, cost-efficient health care for all citizens. I tion's business, the Grace Commission deliv- his first campaign. am hopeful this legislation will help to elimi- ered its final report to President Reagan in Currently, she is a member-at-large of the nate disparities in access to care for rural and 1984. This effort yielded more than 2,000 Thrugood Marshall Democratic Club; recording inner city Medicaid populations by providing commonsense, cost-cutting recommendations, secretary for the Central Brooklyn Martin Lu- direct reimbursement to nurse practitioners two-thirds of which have become law and ther King Commission; member of the 100 and clinical nurse specialists who have proven saved taxpayers nearly $450 billion. In addi- Women for Major R. Owens; and member of their ability to deliver quality care in a cost ef- tion, this commission helped establish the pri- the First Baptist Church of Crown Heights. fective manner. vate, nonpartisan organization known as Citi- Among her other affiliations, Ms. Gill is in- f zens Against Government Waste. volved with the National Association of Busi- DEFEND THE RIGHT TO LIFE Building upon that example, my legislation ness and Professional Women's Club, Inc. establishes a commission to take several addi- where she serves as President. Elena Gill also HON. JO ANN EMERSON tional steps toward curbing waste in Govern- became active with the Lefferts Avenue Moth- OF MISSOURI ment. First, the commission would survey the ers, an offshoot of the Lefferts Avenue Block IN THE HOUSE OF REPRESENTATIVES private sector for management and cost con- Association. She joined the Melvin Walker trol methods to be used in the Federal Gov- Democratic Club which later became part of Tuesday, January 7, 1997 ernment. Second, the panel would conduct in- the Partners for Progress Democratic Club. Mrs. EMERSON. Mr. Speaker, I rise today depth reviews of executive branch operations. Married and a mother of two, sons Kyle and to introduce a constitutional amendment for Third, the panel would review and reevaluate Gary, Edena Gill has distinguished her life as the protection of the right to life. Tragically, past reports by agencies such as the Con- one of dedication to community, God and to this most basic of human rights has been dis- gressional Budget Office and the General Ac- family. regarded, set aside, abused, spurned, and counting Office. Edena Gill is a BEACONS-OF-HOPE for sometimes altogether forgotten. Even more This 12-member commission would be ap- Central Brooklyn and for all Americans. tragically, the U.S. Government has been a pointed by the President and the bipartisan f willing partner in this affair, and the sad con- leadership of Congress, with no more than six sequence is the sacrifice of something far members of the same political party. After the INTRODUCING NURSE PRACTITION- more important than just principle. thorough review, the commission would report ERS MEDICAID REIMBURSEMENT One of the things that sets America apart its findings and recommendations to Con- from the rest of the world is the fact that in gress. The commission's finding would serve HON. BILL RICHARDSON this country, everyone is equal before the law. as a basis for Congress to reduce waste and OF NEW MEXICO Regardless of race, religion, or background, streamline Government operations. IN THE HOUSE OF REPRESENTATIVES each person has fundamental rights that are I hope that all my colleagues will join me to guaranteed by the law. However, we too often Tuesday, January 7, 1997 promote greater fiscal responsibility and more overlook the rights of perhaps the most vulner- effective Government by cosponsoring this Mr. RICHARDSON. Mr. Speaker, I am able among usÐthe unborn. When abortion is legislation. proud to introduce legislation to provide Med- legal and available on demand, then where f icaid coverage for all certified nurse practition- are the rights of the unborn? When abortion is ers and clinical nurse specialists for services sanctioned and sometimes paid for by the WILLIAM DAVIDSON’S GIFT TO they are legally authorized to perform. Government, then how do we measure the de- CREATE THE FIRST SCHOOL FOR Nurse practitioners provide vital primary gree to which life has been cheapened? When MANAGEMENT OF TECHNOLOGY care services to the underserved populations an innocent life is taken before its time, then IN ISRAEL in our country. It is time we take full advan- how can one say that this is justice in Amer- tage of the quality, cost-effective primary care ica? HON. TOM LANTOS My amendment would establish beyond a provided by nurse practitioners. OF CALIFORNIA doubt the fundamental right to life. Congress The legislation I am introducing would en- IN THE HOUSE OF REPRESENTATIVES able all nurse practitioners, regardless of spe- has an obligation to do what it has failed to do cialty, to provide care to Medicaid recipients. for so long, fully protect the unborn. I urge this Tuesday, January 7, 1997 Currently, patients are able to access the care body to move forward with this legislation to Mr. LANTOS. Mr. Speaker, I invite my col- of certain nurse practitioners such as family put an end to a most terrible injustice. leagues to join me in commending Mr. William and pediatric nurse practitioners, but others f Davidson, president and CEO of Guardian In- such as adult and women's health nurse prac- INTRODUCING THE SECOND NA- dustries Corp., and managing partner of the titioners are not accessible. TIONAL BLUE RIBBON COMMIS- National Basketball Association's Detroit Pis- Over 400 studies have confirmed that the SION TO ELIMINATE WASTE IN tons Basketball Club. Bill Davidson has made health care provided by nurse practitioners in GOVERNMENT—A NEW GRACE a remarkable gift of $30 million to establish a a variety of urban and rural primary care set- COMMISSION world-class business school at the Technion- tings is of the highest quality. Nurse practition- Israel Institute of Technology in Haifa. Mr. ers are particularly capable to provide health Davidson's great vision and philanthropy will care to the indigent. Their educational pro- HON. RANDY ‘‘DUKE’’ CUNNINGHAM ensure that Israel will continue to develop and OF CALIFORNIA grams emphasize the provision of care to pa- expand its highly advanced technology-based IN THE HOUSE OF REPRESENTATIVES tients who have limited financial resources. In industries. Furthermore, the international busi- a national survey conducted by the American Tuesday, January 7, 1997 ness community will gain an unparalleled re- Academy of Nurse Practitioners, over 60 per- Mr. CUNNINGHAM. Mr. Speaker, I rise source in the study of management of tech- cent of the patients seen by these providers today to introduce legislation to create the nology. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E27 The Technion, founded in 1924, is Israel's A BALANCED FEDERAL BUDGET FAIR CLEAN AIR COMPLIANCE leading science and technology university. DOWNWIND FROM POLLUTERS With this gift, the Technion will establish a pre- HON. JO ANN EMERSON mier business school with the unique com- HON. RANDY ‘‘DUKE’’ CUNNINGHAM bination of a Masters of Business Administra- OF MISSOURI OF CALIFORNIA tion program, advanced technological edu- IN THE HOUSE OF REPRESENTATIVES cations, and international management strat- IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 egy. Tuesday, January 7, 1997 Bill Davidson firmly believes that education Mrs. EMERSON. Mr. Speaker, I rise this is the best tool for promoting economic Mr. CUNNINGHAM. Mr. Speaker, I rise afternoon to fulfill the pledge I made to the citi- today to introduce legislation that requires the growth. To that end, he has focused enor- zens of southern Missouri to introduce and Environmental Protection Agency to consider mous philanthropic efforts over the years. In work tirelessly to pass an amendment to the the downwind transportation of air pollution 1992, he gave $30 million to the University of Constitution of the United States that requires when determining a region's air quality compli- Michigan at Ann Arbor to create an institute to a balanced Federal budget. Over the course ance. This legislation is similar to H.R. 1582, assist nations around the world in making suc- of the past several decades, fiscal irrespon- which I introduced in the 104th Congress with cessful transitions to market economies. In sibility has produced a Federal debt that is the support of the county of San Diego. 1994, a gift of $15 million was made to estab- fast approaching $5 trillion. That's trillion, with In 1990, Congress amended the Clean Air lish a graduate school of Jewish education at Act to base the smog control requirements for a ``t,'' Mr. Speaker. A debt of $5 trillion is a each area on the severity of the area's pollu- the Jewish Theological Seminary of America mind-boggling figure, but it can be placed in a in New York City. tion problem as indicated by the nonattain- much clearer perspective. A child born today ment area classification. The EPA has estab- This latest gift to the Technion demonstrates immediately inherits nearly $20,000 of debt, lished five such classifications: marginal, mod- Mr. Davidson's conviction that technology- owed directly to Uncle Sam. The same is true erate, serious, severe, or extreme. Under cur- based industries represent a tremendous op- for every American. The era of continuing an- rent law nonattainment status is determined portunity for Israel to expand its economy, at- nual budget deficits must end, and it is clear without addressing air pollution transported tract foreign capital, and, in turn, enhance its that the only way to restore conservative fiscal from upwind areas. long-term economic security. The new David- values to the Nation's budget is to pass the Due to pollution blown downwind from the son school will allow the Technion to leverage Los Angeles basin, San Diego was initially balanced budget amendment to the Constitu- given a nonattainment classification of severe. its vast technological capabilities through tar- tion. geted management education and research San Diego was later reclassified to serious be- The stakes in this debate could not be more cause the ozone design value, 0.185 parts per and thereby make a critical contribution in Is- important. The fiscal future of the United million, was at the lowest limit of severe. Had rael's quest for economic independence. States hinges on the ability of Congress and the design value been outside that narrow Mr. Speaker, I invite my colleagues to join window, San Diego would have been forced to me in paying tribute to Bill Davidson's gener- the President to make the difficult choices re- quired to balance the Federal budget. It's carry out excessively stringent and costly con- osity and vision in creating a remarkable new trol programs to combat air pollution created business school at one of the world's great more than debating trillion dollar figures. It's and transported from elsewhere. scientific institutions. This gift will enrich the about making our economy stronger and pro- This situation affects many other commu- lives of countless people in Israel and around viding every working American family with a nities, too. I encourage all of my colleagues to the world. better chance to make ends meet. A balanced join me by cosponsoring this legislation. budget will strengthen every sector of our f economy with lower interest rates that will help f INTRODUCING THE INDIAN CHILD families stretch each paycheck further. Home ADOPTION ASSISTANCE AND mortgages, automobiles, and a better edu- INTRODUCTION OF LEGISLATION FOSTER CARE ACT cation will become more affordable to every TO PROVIDE A TAX DEDUCTION working family, making the American Dream FOR EMPLOYER-PROVIDED EDU- HON. BILL RICHARDSON closer to reality for all. CATION OF NEW MEXICO Mr. Speaker, I am committed to working IN THE HOUSE OF REPRESENTATIVES with my colleagues in the new Congress to HON. RICHARD E. NEAL Tuesday, January 7, 1997 see that the balanced budget constitutional OF MASSACHUSETTS amendment is passed and sent to the States Mr. RICHARDSON. Mr. Speaker, today I am IN THE HOUSE OF REPRESENTATIVES for ratification. A constitutional amendment is introducing legislation that will allow Native certainly no substitute for direct action on the Tuesday, January 7, 1997 American tribes to better serve children who part of the Congress. However, we have seen are in foster care or in need of adoption as- Mr. NEAL of Massachusetts. Mr. Speaker, time and time again instances where those sistance. today, Mr. LEVIN introduced legislation which My bill will reimburse tribes under the title who object to conservative fiscal responsibility makes permanent the tax deduction for em- IV±E Foster Care and Adoption Assistance find convenient excuses to deny the American ployer-provided education. I am an original co- Program for children placed by tribal courts. people a balanced budget. An unbreakable sponsor of this legislation which would include Currently, only States qualify for the Federal enforcement mechanism is clearly needed to graduate education. The Small Business Job funds for adoption assistance and foster care. ensure that those who would continue to Protection Act extended this deduction from This means if a native American child is spend our children's future further into debt December 31, 1994 until January 1, 1997. The placed with a family by a tribal court, that fam- are not able to do so. provision only included graduate education ily receives no additional financial support. If I also want to make plain that the Social Se- until December 31, 1995. that same child was adopted or placed in fos- curity trust fund has no place in this debate. The Democrats of the Ways and Means ter care by a State court, that family would be The independent trust fund is a sacred trust Committee worked to have graduate education provided with extra resources to care for that between generations and must never be used included until January 1, 1997. Unfortunately, child. to balance the budget or hide the true size of our efforts fell short. The legislation introduced Last year, the Congress was wise to pass the deficit. is extremely important as it would make this bipartisan welfare reform legislation which pre- Commonsense conservatives in Congress deduction permanent and include graduate served the entitlement status of the adoption and the American people are committed to education. assistance and foster care programs. These balancing the budget. I look forward to work- We should do all that is possible to make programs reflect our Nation's commitment to ing throughout this session with all of my col- education more affordable. Our economy is taking care of some of the most financially and leagues and the White House to pass the bal- becoming more global and we need skilled emotionally needy children in our country. It is anced budget constitutional amendment on a workers in order to compete. Our job growth a tragedy that any child would be left out of bipartisan basis. The obligations we owe to is occurring in fields which require high skilled our country's support system. hard working American families, their children, workers. We need to provide employees and I hope that you will join me in working to and our Nation's future generations deserve employers incentives to further their education. pass this bill in the 105th Congress and pro- nothing less than decisive action to preserve Recently, the General Accounting Office re- vide equal and deserved financial assistance our future by balancing the budget. A constitu- leased a report on this provision. This report to thousands of Indian children. tional amendment will ensure this outcome. backs up my belief that this provision of the E28 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Tax Code is used in all fields of business. THE POSTAL PRIVACY ACT OF 1997 tion to people selectively. I want to extend the Large and small businesses take advantage of option to everyone. this provision. HON. GARY A. CONDIT There is nothing new about giving consum- As a former professor, I have taught many OF CALIFORNIA ers a choice. The Direct Marketing Associa- students who have benefited from this provi- IN THE HOUSE OF REPRESENTATIVES tion, a trade association for the direct market- sion. I urge my colleagues to cosponsor this Tuesday, January 7, 1997 ing industry, has been a strong supporter of legislation. Hopefully, we can make this valu- opt-out procedures which give individuals a able deduction permanent. This is the type of Mr. CONDIT. Mr. Speaker, I have today in- choice about what type of mail they receive. legislation we should all be able to support. troduced the Postal Privacy Act of 1997. This The association supports its own mail pref- f legislation is intended to protect the privacy of erence service that offers consumers an op- each U.S. resident who files a change of ad- tion. There is no reason why the Postal Serv- IN HONOR OF ROBINSON SECOND- dress notice with the U.S. Postal Service. The ice cannot do the same thing. ARY SCHOOL’S DECA CHAPTER bill is identical to a bill that I introduced in the AND THEIR EFFORTS TO PRO- The Postal Privacy Act of 1997 is based on 104th Congress. work done by the Government Operations MOTE ORGAN AND TISSUE DONA- Few people are aware that when they tell TION AMONG YOUTHS Committee. Those who seek more information the Postal Service about an address change, about NCOA should read Give Consumers A the Postal Service makes the information pub- Choice: Privacy Implications of U.S. Postal HON. THOMAS M. DAVIS lic through a program called National Change Service National Change of Address Program OF VIRGINIA of Address [NCOA]. NCOA has about two (House Report 102±1067). dozen licenseesÐincluding many large direct IN THE HOUSE OF REPRESENTATIVES There have been several interesting devel- mail companiesÐwho receive all new ad- Tuesday, January 7, 1997 opments since that 1992 congressional report. dresses and sell address correction services In 1996, the General Accounting Office inves- Mr. DAVIS of Virginia. Mr. Speaker, I rise to mailers. If you give your new address to the tigated the NCOA program and found that today to pay tribute to the work and dedication Postal Service, it will be distributed to thou- oversight of NCOA licensees by the Postal of the members of the Distributive Education sands of mailers. People always ask ``How did Service was inadequate to prevent, detect, Clubs of America [DECA] Chapter at Robinson they get my new address?'' The answer may and correct potential breaches of licensing Secondary School in Fairfax, VA. Along with be that it came from the Postal Service. Peo- agreements. The report was prepared at my the Washington Regional Transplant Consor- ple who want their mail forwardedÐand who request, and it showed that the Postal Serv- tium and the Coalition on Organ and Tissue doesn'tÐhave no choice. File a change of ad- ice's NCOA protections were poorly adminis- Donation, the Robinson DECA Chapter has dress notice and your name and new address tered. GAO found weaknesses in the seeding launched an educational campaign aimed at will be sold. each high school across the Nation in an effort NCOA is a reasonable program because it program, in the audit of NCOA licensees, and to promote organ and tissue donation among saves the Postal Service and the mailing com- in the review of licensee advertising. GAO young people. munity money by making everyone more effi- also found that the use by licensees of NCOA Promoting their national theme ``Youth Unit- cient. There are consumer benefits as well. I data for the purpose of creating a new movers ed, For A Second Chance At Life,'' the Robin- support NCOA, but it needs one small change. list violates the Privacy Act of 1974. This adds son DECA Chapter was one of three groups Individuals who file a change of address no- to findings in the Government Operations organizing a rally of nearly 300 high school tice should be given a choice. They should Committee report that the NCOA program is students, Members and Congress including have the option of having their mail forwarded operating in violation of several laws. The myself and Senator BYRON DORGAN, organ without having their name and address sold to GAO report is titled ``U.S. Postal Service: Im- and tissue recipients, and donor family mem- the world of direct mail advertisers and others proved Oversight Needed to Protect Privacy of bers for an organ and tissue donation rally at who traffic in personal information. This is Address Changes'' (GAO/GGD±96±119) (Au- the U.S. Capitol last month. The turnout and what the Postal Privacy Act will do. It will give gust 1996). mood of the crowd was inspiring, and their people a choice. It will not end the NCOA pro- Another new development recently came to presence represented the first giant step to- gram. light courtesy of the Internet. An organization wards creating awareness among America's Who might be concerned about keeping a called Private Citizen recently suggested in an youth about the importance of becoming organ new address private? Anyone who has fled an Internet privacy discussion group that there is and tissue donors. abusive spouse does not want the Postal already a way to stop the Postal Service from Currently, they are nearly 50,000 people on Service giving out a new address. An individ- selling a new address. The change of address a national register awaiting organ and tissue ual who files a change of address notice on form allows consumers to indicate if a new ad- transplants. Unfortunately, not every person in behalf of a deceased relative will not want the dress is permanent or temporary. If you check need of an organ or tissue is able to receive new address sold. Imagine sorting through the the permanent box, your first class mail is for- what they must have to survive; one American affairs of a deceased family member only to warded for a year and your new address is dies every three hours because of a shortage receive a mound of unwanted mail offering sold through the NCOA program. If you check of donor organs. More than 50 people can be new products and services to that family mem- the temporary box and indicate that the move helped by a single donor but each year, ber from marketers who assume that the per- is for 364 days, you will receive the same mail 12,000 to 15,000 people die who are medi- son has moved to a new home. Jurors in high- forwarding service, but the Postal Service cally suitable to be organ and tissue donors. ly visible trials, public figures, and others may does not sell addresses when a move is tem- For these crucial reasons, we must focus our have a special need for privacy as might el- porary. I verified with the Postal Service that local and national efforts on educating young derly people who may be more vulnerable to this is correct. people and their families about the serious unwanted solicitations. There is even a bonus of sorts for those need to decide nowÐrather than wait until it is The bottom line is that everyone should who check the temporary box. The Postal too lateÐon whether or not they will commit to have a choice about how his or her name and Service will not honor mailer ancillary service becoming an organ and tissue donor. While address is made available to others. You don't endorsements requesting a new address there are many private sector organizations have to have a justification. It should be your through an address correction requested en- which promote public awareness of the need decision. The Postal Service should not make dorsement. This is another way that the Postal for organ donation, I am truly proud of the stu- this decision for you. Service releases new addresses of its cus- dents of Robinson's DECA Chapter and their A few years ago, the Postal Service an- tomers to anyone who asks. Those who check unprecedented effort to ignite the compassion nounced that it would provide some protection the temporary box can evade this form of dis- and understanding of their peers. to individuals who have court orders protecting closure as well. Mr. Speaker, I know my colleagues will join them against spousal abuse. This was a small The Postal Service's treatment of the ad- me in applauding the members of Robsinson's step in the right direction, but it was not dresses of temporary movers suggests two in- DECA Chapter for their enthusiasm and dili- enough. Only those who have gone to the teresting consequences. First, the existing gent work in helping each other understand trouble and expense of obtaining a court order system demonstrates that the Postal Service the necessity of deciding to become an organ receive protection. Everyone should be enti- already can distinguish between addresses donor and for aiding their fellow Americans tled to the same option, but without the need that are to be sold and those that are not to who desperately need all of us to become for a court order. The Postal Service has dem- be sold. Arguments that giving consumers a organ and tissue donors. onstrated that it is possible to provide protec- choice will be difficult or expensive are false. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E29 At worst, complying with my bill will only re- more affordable to the self-employed, small second president. He headed a research ef- quire a change in the form and minor adjust- business operators, their employees, and fort, ``They're All My Kids,'' which reaffirmed ments to notices and procedures. equally important, their families. the necessity of commitment to our children, Second, consumers who want a choice The previous Congress took an important our schools, and our community. about the disclosure of their new address can first step, Mr. Speaker, by enacting legislation Dr. Malone received a bachelor of science obtain it today. They can keep the Postal to ultimately increase the insurance premium degree from the University of Akron; master of Service from releasing their new addresses. deductibility to 80 percent by the year 2006. science in social work from Rutgers University; My bill will make sure that everyone has that Regrettably, this increase is phased-in too and a doctorate of philosophy in higher edu- choice. We should not restrict this option to slowly, and will hamper the important work we cation from Union Graduate in Cincinnati, OH. those few who learn of this sneaky method of must do to make health care less expensive James Malone is a Beacon-of-Hope for forcing the Postal Service to do the right thing. and easier to get for all AmericansÐnot central Brooklyn and all Americans. Let's tell everyone about this option. through Government-run health care, but f f through private market incentives. The Health Insurance Fairness Act will in- INTRODUCTION OF THE DEVIL’S A ‘‘SUNSET ACT’’ crease the premium deductibility rate to 100 SLIDE TUNNEL ACT percent in the first taxable year after enact- HON. RANDY ‘‘DUKE’’ CUNNINGHAM ment. Millions of self-employed, small busi- HON. TOM LANTOS OF CALIFORNIA ness operators, workers and their families will OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES be able to immediately enjoy the security af- IN THE HOUSE OF REPRESENTATIVES forded by a health insurance policy. It rep- Tuesday, January 7, 1997 Tuesday, January 7, 1997 resents the type of results-oriented legislation Mr. CUNNINGHAM. Mr. Speaker, I rise the American public has asked this Congress Mr. LANTOS. Mr. Speaker, as we in the today to introduce the Sunset Act. This legisla- to produce, and I ask my colleagues to sup- West cope with another series of devastating tion, which is similar to H.R. 216 from the port this important measure. winter storms and floods, residents along the 104th Congress, would require Congress to f San Mateo County coast are relieved to find reauthorize Federal programs every 5 years. that a section of Highway 1, known locally as Programs that are not reauthorized or ex- A BEACON-OF-HOPE FOR ALL Devil's Slide, which lies precariously on a sea tended by Congress would be terminated. AMERICANS: DR. JAMES MALONE cliff high above the roaring surf of the Pacific Too many Federal programs are automati- Ocean, is still intact. Devil's Slide is a breath- cally reauthorized, often years after they are HON. MAJOR R. OWENS taking, and all too often lifetaking section of no longer needed. This legislation will require OF NEW YORK California's scenic coastal highway which has any new Federal program to terminate no later IN THE HOUSE OF REPRESENTATIVES slowly been sinking into the Pacific Ocean as than 5 years after its date of enactment, un- it is battered by waves 600 feet below. Winter Tuesday, January 7, 1997 less reauthorized by Congress. Entitlement storms in previous years have closed Highway programs will be exempted from this legisla- Mr. OWENS. Mr. Speaker, with the 1996 1 at Devil's Slide for up to 6 months, leaving tion. election behind us, this Nation has completed residents and businesses dangerously iso- By requiring Congress to reevaluate and re- another cycle for the ongoing democratic proc- lated. This area is 12 miles south of San Fran- authorize Federal programs every 5 years, we ess which makes America great. The electoral cisco in my congressional district. ensure greater accountability in the programs process and the public officials selected Perennial closures of Devil's Slide have had we create and help curb Government waste. I through this process are invaluable assets in a devastating effect on our coastal community. invite my colleagues to join me in cosponsor- our quest to promote the general welfare and Residents have endured unbearable com- ing this legislation. to guarantee the right to life, liberty, and the mutes, access to emergency medical care and f pursuit of happiness. It is important, however, other services have been threatened, busi- Mr. Speaker, that we also give due recognition nesses have lost thousands of customers, and THE HEALTH INSURANCE to the equally valuable contribution of non- some businesses have failed. For residents FAIRNESS ACT elected leaders throughout our Nation. The and businesses along the San Mateo County fabric of our society is generally enhanced and coast, it is absolutely essential to have High- HON. JO ANN EMERSON enriched by the hard work done year after way 1 open around Devil's Slide. OF MISSOURI year by ordinary volunteer citizens. Especially Mr. Speaker, 12 years ago, in 1984, Con- IN THE HOUSE OF REPRESENTATIVES in our inner city communities which suffer from gress closely studied the closure of this vital long public policy neglect, local grassroots transportation link and lifeline. After heavy win- Tuesday, January 7, 1997 leaders provide invaluable service. These are ter rains washed out the road, leaving a 250- Mrs. EMERSON. Mr. Speaker, today I men and women who engage in activities foot-long crevice in the road which made the proudly introduce legislation of the utmost im- which generate hope. I salute all such heroes road impassible for 4 months. Then Chairman portance to millions of American small busi- and heroines as Beacons-of-Hope. Glenn Anderson of the Surface Transportation nesses and the self-employed. The Health In- Dr. James A. Malone is one of these Bea- Subcommittee held a series of field hearings surance Fairness Act will once and for all pro- cons-of-Hope residing in the central Brooklyn in Half Moon Bay and Pacifica, CA, and com- vide small business owners and the self-em- community of New York City and New York mittee members carefully surveyed the unsta- ployed with the same health insurance tax State. Dr. James Malone currently serves as a ble roadway which was sliding 3 inches a day benefits enjoyed by larger corporationsÐthe professor of counseling and director of the into the sea. Committee members viewed 8- ability to deduct 100 percent of their health in- Academy for Intergenerational Education at foot-deep cracks and fissures in the roadbed surance premium costs. John Jay College. He taught 2 years in the and determined that this vital transportation Making health care costs fully deductible is Newark, NJ public schools before moving to link was eligible for emergency Federal funds. not an arcane Tax Code issue known only to John Jay College where he held the following At my request, the Congress provided funding accountants and IRS auditors. This is an issue positions: SEEK director, dean of students and for the permanent repair of Highway 1 at Dev- that touched the lives of millions of Americans vice president of administrative services. il's Slide. who own or work at a small business. It is es- Throughout the years, Dr. Malone has The California Department of Transportation pecially important to rural areas, like my dis- worked diligently in top positions that uplifted [CALTRANS] made temporary repairs to the trict in southern Missouri, where small busi- his community. His past civic offices include roadway and proposed building a controversial nesses and self-employed individuals, espe- the president of the board of Weeksville and 4.5 mile long bypass around Devil's Slide. cially farmers and ranchers, form the back- member of the District School Board #17 and Some residents opposed the bypass on envi- bone of the regional economy. However, they Community Board #9. Dr. Malone is a member ronmental and antidevelopment grounds and have too long been denied access to afford- and trustee of the Church of the Evangel. In blocked bypass construction in Federal court able health insurance for their families, chil- 1971, Dr. Malone developed the city spon- for over 10 years. A false sense of security dren, and employees because the Tax Code sored Hawthorne Corners Day Care Center brought on by 10 years of drough ended in makes it too expensive to purchase. The where he served as the first board president. January 1995, when heavy rains again closed Health Insurance Fairness Act I am introduc- Dr. Malone also helped to develop the Rutland Devil's Slide for 6 months. For the second ing today will help make health insurance Road Block Association and was elected the time in 12 years this vital transportation link E30 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 was severed, again disrupting the lives and Fellow. Almost immediately after he joined my gress, and these drafts narrowed some of the livelihoods of tens of thousands of residents personal staff, he took on a great deal of re- differences between our two bills. I look for- and businesses. sponsibility, focusing on several key issues ward to the new version of the Senate bill. My Mr. Speaker, after decades of debate and such as transportation, environment, affirma- bill is largely similar to H.R. 435, but I have lawsuits, the voters of San Mateo County have tive action, and banking. Evans performed his made several changes based on new ideas put an end to the battle with CALTRANS over duties with admirable dedication and enthu- and developments that emerged in the last 2 how to resolve the problem of Devil's Slide. siasm. years. The substantive changes in this year's Voters decided overwhelmingly in favor of a Evans lives in St. Louis, MO, with his wife, proposal are: local referendum to approve a mile-long tunnel Betty and their son Evans IV. He is a graduate (1) References to health information service at Devil's Slide instead of a bypass which of Washington University, and has worked for organizations have been dropped. This was a would involve extensive cutting and filling of McDonnell Douglas for 12 years. place holder for other institutions that were Montara Mountain. The referendum amends Taking an active role in one's community is being developed in the context of broad health the local coastal plan, substituting a tunnel as a responsibility we all share, but which few of care reform. The references are no longer the preferred permanent repair alternative for us fulfill. Evans actively works for the better- meaningful. Highway 1 at Devil's Slide, and prohibits any ment of his community by serving on the (2) The section on ``Accounting for Disclo- other alternative unless approved by the vot- board of directors of several community orga- sures'' has been retitled as ``Disclosure His- ers. Following the release of a Federal High- nizations, including the St. Charles Chamber tory.'' Nothing substantive was changed, but way Administration sponsored study which of Commerce, Herbert Hoover Boys and Girls the new language is more descriptive. found that the tunnel is environmentally fea- Club, and the Marygrove Catholic Home for (3) In section 1.01, I added language to the sible and its costs would not differ significantly Children. patient access section making it clear that copies of records have to be provided to the from the costs of a bypass, CALTRANS re- It has been an honor and a privilege to have patient in any form or format requested by the versed it opposition to a tunnel at Devil's Evans Richardson on my staff. I have not only patient if the record is readily reproducible by Slide. looked to him for legislative counsel, but I trust the trustee in that form or format. The lan- Mr. Speaker, today I am introducing impor- him as a valued confidante. His candid advice guage was inspired in part by the recently tant legislation to ensure that funds already and opinion is always appreciated. I know that passed Electronic Freedom of Information appropriated and obligated for Devil's Slide my staff and I will dearly miss him. Mr. Speak- Amendments. The purpose is to make sure will remain available to CALTRANS to build er, I know my colleagues will join me in thank- that a patient can have a record in a format the tunnel at Devil's Slide. This legislation, en- ing Evans for his service to the 104th Con- that will be meaningful to the patient or useful titled the ``Devil's Slide Tunnel Act,'' will pro- gress and wish him continued success in his to other health care providers. vide greater flexibility to State transportation future endeavors. (4) Also in section 1.01, the exception to pa- officials to use Federal funds already appro- f tient access for mental health treatment notes priated by Congress to fix this vital transpor- has been eliminated. The policy of the bill is tation link. Joining me as cosponsors of this FAIR HEALTH INFORMATION PRACTICES ACT OF 1997 that a patient should have broad access to his legislation are bipartisan members of the bay or her health record. Exceptions are provided area congressional delegation whose constitu- only when there is a direct conflict with an- ents are most affected by the Devil's Slide HON. GARY A. CONDIT other interest or when access is meaningless highway problemÐmy colleagues, TOM CAMP- OF CALIFORNIA or pointless. The only substantive exception BELL, of San Jose, ANNA ESHOO of Atherton, IN THE HOUSE OF REPRESENTATIVES had been for mental health treatment notes. and NANCY PELOSI of San Francisco. Tuesday, January 7, 1997 Given the broad sweep of the access provi- Mr. Speaker, if local and State agencies and Mr. CONDIT. Mr. Speaker, I have today in- sion, I am not sure that this exception can be the citizens of a region determine that a better justified any more. I left it out this year so that transportation alternative exists than the alter- troduced the Fair Health Information Practices Act of 1997. The purpose of this bill is to es- the advocates of the exception would have to native for which funds have been obligated, come forward to argue for its inclusion and then the Federal Government should grant tablish a uniform Federal code of fair informa- tion practices for individually identifiable health make their case on the public record. greater funding flexibility, as long as all other (5) New language in section 301(d) creates information that originates or is used in the Federal laws are compiled with. It is important an Office of Information Privacy in the Depart- health treatment and payment process. that we not permit these funds to lapse. The ment of Health and Human Services. The This is the third time that I have introduced rebuilding of a severely damaged highway in head of the office is the Privacy Advisor to the a health privacy bill, and I hope that the third its existing location may no longer be feasible, Department. This is not really a new office. time is the charm. In the 103d Congress, I in- and in such cases funds already available to The Department recently established a private a community should continue to be available. troduced H.R. 4077. The bill was the subject Advocate. The purpose of the new legislative History tell us that Devil's Slide will wash of several days of hearings in 1994. In August language is to define the health privacy func- out againÐit is only a matter of time. It is my 1994, the bill was reported by the Committee tions of this office with more precision and hope that swift enactment of this legislation on Government Operations and became the permanence. will ensure a permanent solution to the resi- confidentiality part of the overall health care (6) Section 304 of the bill deals with pre- dents of the Coastside. I urge my colleagues reform effort. While my bill died along with the emption of State laws. This is a difficult sub- to support the ``Devil's Slide Tunnel Act.'' rest of health care reform, it was one of the ject that clearly need more work and thought. f only noncontroversial parts of health reform. In I added one new idea this year. New language the 104th Congress, I introduced H.R. 435, a provides that the States may impose addi- STATEMENT OF THOMAS M. DAVIS bill that was identical to the version reported tional requirements on its own agencies with IN HONOR OF MR. EVANS RICH- by the Committee on Government Operations respect to the use or disclosure of protected ARDSON, III in 1994. A lengthy explanation of the bill can health information. The idea is a simple one. be found in the Government Operations Com- If a State wants to impose more stringent re- HON. THOMAS M. DAVIS mittee report, House Report 103±601 part V. strictions on the ability of State police, State OF VIRGINIA That report remains highly relevant to this fraud investigators, or other State offices to IN THE HOUSE OF REPRESENTATIVES year's bill as well. use or disclose protected health information, it During the last 2 years, most of the action Tuesday, January 7, 1997 may do so. on health privacy took place on the Senate In this instance, higher standards will not Mr. DAVIS of Virginia. Mr. Speaker, I rise side. The leading Senate bill was S. 1360 interfere with access to or use of information today to express my deep appreciation for the which was introduced by Senator BENNETT. by other authorized users or by the Federal invaluable service Mr. Evans Richardson III His bill and mine have many similarities in lan- Government. The goal is to allow States to set has provided to me and the constituents of the guage and structure, but there are also nu- as high a floor as they choose with respect to 11th District of Virginia over the past 11 merous smaller but significant differences. In their own activities. This will not undermine the months. An executive manager with McDon- addition, my bill covers several aspects of uniformity principle otherwise reflected in the nell Douglas in St. Louis, MO, Evans brought health privacy that were not included in Sen- bill, and it will not affect the drive for adminis- a unique and thoughtful perspective to my of- ator BENNETT'S original bill. I am aware that trative simplification or uniform technical fice in working on legislative and constituent several interim drafts were developed by Sen- standards. Only State agencies will be af- matters as a 1996 Brookings Congressional ator BENNETT during the course of the Con- fected by my new language. I thought that this January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E31 idea was worth including so that it would at- There are two basic concepts that are es- terests while permitting essential uses of data tract comment. The language itself may need sential to an understanding of the bill. First, under controlled conditions. This should be further tweaking. identifiable health information that is created happening today, but record keepers do not The need for uniform Federal health con- or used during the health care treatment or know their responsibilities, patients rights are fidentiality legislation is clear. In a report titled payment process becomes protected health not always clearly defined, and there are large ``Protecting Privacy in Computerized Medical information, or individually identifiable patient gaps in legal protections for health informa- Information,'' the Office of Technology Assess- information relating to the provision of health tion. ment found that the present system of protect- care or payment for health care. This new ter- My bill recognizes necessary patterns of ing health care information is based on a minology emphasizes the sensitivity of the in- usage and combines it with comprehensive patchwork quilt of laws. State laws vary signifi- formation and connotes an obligation to safe- protections for patients. There will be no loop- cantly in scope and Federal laws are applica- guard the data. Protected health information holes in protection for information originating ble only to limited kinds of information or to in- generally remains subject to statutory restric- in the health treatment or payment process. formation maintained only by the Federal Gov- tion no matter how it is used or disclosed. As the data moves to other parts of the health ernment. Overall, OTA found that the present The second basic concept is that of a health care system and beyond, it will remain subject legal scheme does not provide consistent, information trustee. Anyone who obtains ac- to the Fair Health Information Practices Act of comprehensive protection for privacy in health cess to protected health information under the 1997. This may be the single most important care information, whether that information ex- bill's procedures becomes a health information feature of the bill. ists in a paper or computerized environment. trustee. Trustees have different sets of re- The legislation includes several remedies A similar finding was made by the Institute of sponsibilities and authorities depending on that will help to enforce the new standards. Medicine in a report titled ``Health Data in the their functions. The authorities and responsibil- For those who willfully ignore the rules, there Information Age.'' ities have been carefully defined to balance le- are strong criminal penalties. For patients A public opinion poll sponsored by Equifax gitimate societal needs for data against each and conducted by Louis Harris and Associates whose rights have been ignored or violated by documents the importance of privacy to the patient's right to privacy and the need for con- others, there are civil remedies. There will also American public. Eighty-five percent agree that fidentiality in the health treatment process. Of be administrative sanctions and arbitration to protecting the confidentiality of people's medi- course, every health information trustee has provide alternative, less expensive, and more cal records is absolutely essential or very im- an obligation to maintain adequate security for accessible remedies. portant in national health care reform. The poll protected health information. The Fair Health Information Practices Act of shows that most Americans believe protecting The term trustee was selected in order to 1997 offers a complete and comprehensive confidentiality is a higher priority than provid- underscore that those in possession of identifi- plan for the protection of the interests of pa- ing health insurance to those who do not have able health information have obligations that tients and the needs of the health care system it today, reducing paperwork burdens, or pro- go beyond their own needs and interests. A in the complex modern world of health care. viding better data for research. The poll also physician who possesses information about a More work still needs to be done, and I am showed that 96 percent of the public agrees patient does not own that information. It is committed to working with every group and in- that it is important for an individual to have the more accurate to say that both the record sub- stitution that will be affected by the new health right to obtain a copy of their own medical ject and the record keeper have rights and re- information rules. I remain open to new ideas record. sponsibilities with respect to the information. that will improve the bill. Health information is a key asset in the My legislation defines those rights and respon- In closing, I want to acknowledge the limits health care delivery and payment system. sibilities. The concept of ownership of per- of legislation. We must recognize and accept Identifiable health information is heavily used sonal information maintained by third-party the reality that health information is not com- in research and cost containment, and this record keepers is not particularly useful in to- pletely confidential. It would be wonderful if we usage will only grow over time. The Health In- day's complex world. could restore the old notion that what you tell surance Portability and Accountability Act of A key element of this system is the speci- your doctor in confidence remains absolutely 1996 passed in the last Congress recognized fication of the rights of patients. Each patient secret. In today's complex health care environ- that confidentiality legislation was essential to will have a bundle of rights with respect to ment, characterized by third party payers, the fair management of health information. protected health care information about him- medical specialization, high-cost care, and in- The law established a 3-year timetable for self or herself that is maintained by a health creasing computerization, this is simply not congressional action on confidentiality. That information trustee. A patient will have the possible. My legislation does not and cannot clock is ticking already, and we don't have right to seek correction of information that is promise absolute privacy. What it does not much time to waste. not timely, accurate, relevant, or complete. A offer is a code of fair information practices for By establishing fair information practices in patient will also have the right to expect that health information. statute, the long-term costs of implementation every trustee will use and maintain information The promise of that code to professionals will be reduced, and necessary protections will in accordance with the rules in the Act. A pa- and patients alike is that identifiable health in- be uniform. This will assure patients and tient will have a right to receive a notice of in- formation will be fairly treated according to a health professionals that fair treatment of formation practices. The bill establishes stand- clear set of rules that protect the confidentiality health information is a fundamental element of ards and procedures to make these rights interests of each patient to the greatest extent the health care system. Uniform privacy rules meaningful and effective. possible. While we may not realistically be will also assist in restraining costs by support- I want to emphasize that I have not pro- able to offer any more than this, we surely can ing increased automation, simplifying the use posed a pie-in-the-sky privacy code. This is a do no less for the American public. of electronic data interchange, and facilitating realistic bill for the real world. I have borrowed f the portability of health coverage. ideas from others concerned about health Today, few professionals and fewer patients records, including the American Health Infor- THE COMMUNITY PROTECTION know the rules that govern the use and disclo- mation Management Association, the ACT OF 1997 sure of medical information. In a society where Workgroup for Electronic Data Interchange, patients, providers, and records routinely cross and the National Conference of Commis- HON. RANDY ‘‘DUKE’’ CUNNINGHAM State borders, it is rarely worth anyone's time sioners on Uniform State Laws. Assistance OF CALIFORNIA to attempt to learn the rules of any one juris- provided by the American Health Information IN THE HOUSE OF REPRESENTATIVES diction, let alone several jurisdictions. One Management Association [AHIMA] was espe- Tuesday, January 7, 1997 goal of my bill is to change the culture of cially helpful in the development of this legisla- health records so that everyone will be able to tion several years ago. AHIMA remains a valu- Mr. CUNNINGHAM. Mr. Speaker, Ameri- understand the rights and responsibilities of all able source of knowledge on health records cans want us to work together to sensibly participants. Common rules and a common policies and an ardent supporter of Federal combat crime. Putting more, better-equipped language will facilitate broader understanding health privacy legislation. and fully trained cops on the beat can be a and better protection. Physicians will be able I believe that we do not have the luxury of strong part of any anticrime effort. It is for that to learn the rules once with the confidence elevating each patient's privacy interest above very reason that today I am introducing the that the same rules will apply wherever they every other societal interest. Such a result Community Protection Act of 1997. practice. Patients will learn that they have the would be impractical, unrealistic, and expen- The bill will allow qualified, properly trained same rights in every State and in every doc- sive. The right answer is to strike an appro- active and retired law enforcement officers to tor's office. priate balance that protects each patient's in- carry concealed handguns. Too often State E32 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 laws prevent highly qualified officers from as- mission cited an example of two workers who Dr. Rubie Malone, who is the eldest of sisting in crime prevention and protecting retired at the same age with the same aver- twelve children, received a bachelor of science themselves while not on duty. For example, a age career earnings. One of these workers in mathematics from Clark College; a master's man who has spent his life fighting crime is was born on December 31, 1916. The other degree from CUNY's Hunter College; and a often barred from helping a colleague in dis- was born 48 hours later, on January 2, 1917. doctorate of philosophy in social services from tress because he cannot use his service re- If both retired in 1982 at age 65, the worker Columbia University. volverÐa handgun that he is required to train born in 1917 would receive $110 less in Rubie Malone is a Beacon-of-Hope for with on a regular basis. That same officer, ac- monthly Social Security benefits. And yet the central Brooklyn and for all Americans. tive or retired, isn't allowed to defend himself Commission on the Social Security Notch con- f from the criminals that he put in jail. cluded that ``benefits paid to those in the My bill seeks to change that by empowering `Notch' years are equitable, and no remedial HOUSE SHOULD ELECT INTERIM qualified law enforcement officers to be legislation is in order.'' Mr. Speaker, I beg to SPEAKER equipped to handle any situation that may differ. One-hundred and ten dollars per month arise, wherever they are. represents a lot of money to any family, but HON. NEIL ABERCROMBIE The community protection initiative covers even more so to the millions of retirees who OF HAWAII only active duty and retired law enforcement live on a limited, fixed monthly income. IN THE HOUSE OF REPRESENTATIVES The time for Congress to take action to cor- personnel who meet the following criteria: Tuesday, January 7, 1997 First, employed by a public agencyÐsecu- rect the ``Notch'' injustice is long overdue. I rity guards are not covered. urge all of my colleagues to review the Notch Mr. ABERCROMBIE. Mr. Speaker, article I, Second, authorized by that agency to carry Baby Act of 1997 and cosponsor this impor- section 2 of the Constitution requires the a firearm in the course of dutyÐall bene- tant piece of legislation. House of Representatives to choose a Speak- ficiaries will have received firearms training f er. It is customary at the commencement of every Congress for members of each party to and appropriate screening. A BEACON-OF-HOPE FOR ALL Third, not subject to any disciplinary action. vote for the candidate decided upon by his or AMERICANS: DR. RUBIE M. her caucus. Because governance of the Retired police officers must meet all of MALONE these criteria and have retired in good stand- House conforms to the democratic principles ing. which undergird our Republic, there is no In the tradition of less government, this bill HON. MAJOR R. OWENS doubt that the votes of the majority will deter- offers protection to police officers and to all of OF NEW YORK mine who shall be our Speaker. our communities without creating new pro- IN THE HOUSE OF REPRESENTATIVES Today, however, we are choosing a presid- grams or bureaucracies, and without spending Tuesday, January 7, 1997 ing officer in unprecedented circumstances. more taxpayer dollars. Mr. OWENS. Mr. Speaker, with the 1996 Never before has there been an election for Because this is a sensible, nonpartisan bill, election behind us, this Nation has completed Speaker in which one of the candidates it gained tremendous support in the 104th another cycle for the ongoing democratic proc- stands formally accused by the Committee on Congress. By the close of legislative business, ess which makes America great. The electoral Standards of Official Conduct of violating the the Community Protection Act was cospon- process and the public officials selected rules of the House. It is not my intention today sored by more than 130 Members of the through this process are invaluable assets in to argue the merits of the charges against the House from both parties and from all regions our quest to promote the general welfare and gentleman from Georgia or what if any sanc- of the country. It also gained the interest of to guarantee the right to life, liberty, and the tions should be imposed. I focus instead on the Crime Subcommittee, which held a hear- pursuit of happiness. It is important, however, the implications of the committee's statement ing on the bill in July 1996. Mr. Speaker, that we also give due recognition of alleged violation for today's election for I am proud to once again introduce this im- to the equally valuable contribution of non- Speaker, for the Speakership as an institution, portant piece of legislation and look forward to elected leaders throughout our Nation. The for the House of Representatives, and for our working with my colleagues to pass it as soon fabric of our society is generally enhanced and Nation itself. as possible. enriched by the hard work done year after The facts are these: The Committee on f year by ordinary volunteer citizens. Especially Standards of Official Conduct alleges that the in our inner city communities which suffer from gentleman from Georgia violated the rules of THE NOTCH BABY ACT OF 1997 long public policy neglect, local grassroots the House. As of this date the committee has leaders provide invaluable service. These are not completed its consideration of the case, HON. JO ANN EMERSON men and women who engage in activities and no resolution has been achieved. When OF MISSOURI which generate hope. I salute all such heroes resolution does occur, it may very well involve IN THE HOUSE OF REPRESENTATIVES and heroines as Beacons-of-Hope. sanctions which make the gentleman from Currently, the dean, director and chair- Georgia ineligible to hold the post of Speaker. Tuesday, January 7, 1997 person of the SEEK program at CUNY's John Removal of a Speaker under those condi- Mrs. EMERSON. Mr. Speaker, today I am Jay College of Criminal Justice, Dr. Rubie Ma- tions would be debilitating for the House and introducing long-overdue legislation to correct lone has tirelessly dedicated her life to making the Nation. It would cause chaos within the an injustice done to well over 6 million senior our society better. She is directly responsible House and further undermine public con- citizens by the Social Security Amendments of for community enhancement efforts that im- fidence in democratic institutions. Even if reso- 1977. My legislation, the Notch Baby Act of pact education, social/human services, and lution of the case against the gentleman from 1997, will adopt a transitional computation health care. Georgia does not result in his ineligibility for method to assure that America's ``Notch Ba- Dr. Malone's civic contributions began at an the Speakership, his election as Speaker at bies'' born between 1917 and 1921 receive early age when she began working with high this time would be inadvisable for two rea- equitable Social Security benefits. school seniors at Bethany Baptist Church. sons: No. 1, the time, attention, and energy he Contrary to what many think, Mr. Speaker, After transferring to the Church of the Evangel must devote to his case will diminish the per- the Social Security Notch is a simple problem United Church of Christ, she continued work- sonal resources available for the discharge of that is greatly in need of an obvious solution. ing with youth and adult groups. In the Brook- his duties as Speaker of the House; and No. Seniors born in the 5-year period after 1916 lyn Alumnae Chapter of Delta Sigma Theta 2, the shadow of doubt and suspicion cast by have seen lower average Social Security ben- Sorority, Inc., she has served as president and the proceedings against him will undoubtedly efit payments than those born shortly before second vice-president and coordinator of com- fall on every action of the House and bring or after. This disparity is directly attributable to mittees and projects including School America, into question the integrity of this institution. the revised benefit calculation formula that re- voter registration, health fairs, book and col- I believe, therefore, that until the case sulted from the Social Security Amendments lege fairs, teen lift, social action and political against the gentleman from Georgia is re- of 1977. The facts are clear and Congress awareness, and oratorical contests. She is a solved, the House should choose an interim must take action to correct this unintended member of the Brooklyn Chapter of Links, Inc., Speaker. I reiterate my acknowledgement that error. where she serves as parliamentarian and is the majority has the right to determine who In December 1994, the Commission on the involved in various community projects. Dr. that individual shall be. However, in order to Social Security Notch issued its final report Malone is also a former president of jack and ensure that the business of the House is con- and recommendation to Congress. The com- Jill of America. ducted in an undistracted manner, free of January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E33 doubts about the integrity of the institution and SECTION 1. SHORT TITLE. ‘‘(B) WATER CONSERVATION SYSTEM.—The its governance, that person should be some- This Act may be cited as the ‘‘Agricultural term ‘water conservation system’ means ma- one not involved in the ethical issues in which Water Conservation Act’’. terials or equipment which are primarily de- SEC. 2. CONGRESSIONAL FINDINGS. signed to substantially conserve irrigation the gentleman from Georgia finds himself en- water used or to be used on farm land. meshed. The Congress finds that— (1) the Federal Government has an historic ‘‘(C) FARM LAND.—The term ‘farm land’ f commitment to assisting areas of the Nation means land used in a trade or business by the taxpayer or a tenant of the taxpayer for— AGRICULTURAL WATER in need of developing adequate water sup- plies, ‘‘(i) the production of crops, fruits, or CONSERVATION ACT (2) water is becoming increasingly scarce other agricultural products, and expensive in many parts of the United ‘‘(ii) the raising, harvesting, or growing of HON. GARY A. CONDIT States, which is compounded when multiple trees, or years of drought occur, ‘‘(iii) the sustenance of livestock. OF CALIFORNIA (3) in most areas of the United States, ‘‘(c) LIMITATION BASED ON AMOUNT OF IN THE HOUSE OF REPRESENTATIVES farms are overwhelmingly the largest water TAX.— ‘‘(1) LIABILITY FOR TAX.—The credit allow- Tuesday, January 7, 1997 consumers, and (4) it is in the national interest for farmers able under subsection 9a) for any taxable Mr. CONDIT. Mr. Speaker, I rise today to in- to implement water conservation measures year shall not exceed the excess (if any) of— troduce the Agricultural Water Conservation which address water conservation needs and ‘‘(A) the regular tax for the taxable year, Act. for the Federal Government to promote such reduced by the sum of the credits allowable Over the past few years I have read count- conservation measures. under subpart A and the preceding sections of this subpart, over less articles on the need to conserve water SEC. 3. CREDIT FOR PURCHASE AND INSTALLA- ‘‘(B) the tentative minimum tax for the and the role Federal Government has with this TION OF AGRICULTURAL WATER CONSERVATION SYSTEMS. taxable year. mission. While discussing water conservation ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.—If ‘‘(a) IN GENERAL.—Subpart B of part IV of methods with farmers in my district, I found subchapter A of chapter 1 of the Internal the amount of the credit allowable under cost was their overriding concern. The outlays Revenue Code of 1986 (relating to foreign tax subsection (a) for any taxable year exceeds required to implement water conservation sys- credit, etc.) is amended by adding at the end the limitation under paragraph (1) for the temsÐthat is, drip irrigation, sprinkler systems, the following new section: taxable year, the excess shall be carried to the succeeding taxable year and added to the ditch liningÐare a tremendous burden on the ‘‘SEC. 30B. PURCHASE AND INSTALLATION OF AG- amount allowable as a credit under sub- agriculture industry. While I firmly believe most RICULTURAL WATER CONSERVA- TION SYSTEMS. section (a) for such succeeding taxable year. agriculture interest are genuinely concerned ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of about conserving water, cost has crippled the an eligible taxpayer, there shall be allowed duction shall be allowed under this chapter ability to implement conservation methods on as a credit against the tax imposed by this with respect to any expense which is taken farms. chapter for the taxable year an amount into account in determining the credit under For example, in the San Joaquin Valley, CA, equal to 30 percent of the water conservation this section, and any increase in the basis of a study was done by the San Joaquin Drain- system expenses paid or incurred by the tax- any property which would (but for this sub- payer during such year. section) result from such expense shall be re- age Program. This report indicates a cost duced by the amount of credit allowed under ‘‘(b) MAXIMUM CREDIT.—The credit allowed ranging from $21.06 per acre for surface irri- this section for such expense.’’ gation to $131.40 per acre for linear irrigation. by subsection (a) with respect to any water conservation system shall not exceed the (b) TECHNICAL AMENDMENT.—Subsection (a) Drip irrigation was measured at a cost of product of $500 and the number of acres of section 1016 of such Code is amended by $272.07 per acre. As you can see, with cost served by such system. striking ‘‘and’’ at the end of the paragraph (25), by striking the period at the end of ranging from 623 to 1,294 percent above the ‘‘(c) DEFINITIONS.—For purposes of this sec- least-cost approach method of surface irriga- tion— paragraph (26) and inserting ‘‘; and’’, and by adding at the end the following new para- tion, there are limited incentives at this time ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- graph: for farmers to switch toward better water main- ble taxpayer’ means any taxpayer if— ‘‘(A) at least 50 percent of such taxpayer’s ‘‘(27) to the extent provided in section tenance practices. 30B(d), in the case of amounts with respect The Agricultural Water Conservation Act is gross income is normally derived from a trade or business referred to in paragraph to which a credit has been allowed under sec- not a mandate for expensive water conserva- (3)(C), and tion 30B.’’ tion systems, it is a tool and an option for ‘‘(B) such taxpayer complies with all Fed- (c) CLERICAL AMENDMENT.—The table of farmers. Specifically, it will allow farmers to re- eral, State, and local water rights and envi- sections for subpart B of part IV of sub- ceive up to a 30 percent tax credit for the cost ronmental laws. chapter A of chapter 1 of such Code is amended by adding at the end the following ‘‘(2) WATER CONSERVATION SYSTEM EX- of developing and implementing water con- new item: servation plans on their farm land with a cap PENSES.— ‘‘(A) IN GENERAL.—The term ‘water con- ‘‘Sec. 30B. Purchase and installation of agri- of $500 per acre. The tax credit could be used cultural water conservation primarily for the cost of materials and equip- servation system expenses’ means expenses for the purchase and installation of a water systems.’’ ment. This legislation would not require them conservation system but only if— (d) EFFECTIVE DATE.—The amendments to change their irrigation practices. However, it ‘‘(i) the land served by the water is en- made by this section shall apply to amounts would allow those farmers who want to move tirely in an area which has been identified, paid or incurred after the date of the enact- towards a more conservation approach of irri- in the taxable year or in any of the 3 preced- ment of this Act, in taxable years ending gation but can not afford to do it during these ing taxable years, as an area of— after such date. tough economic times. ‘‘(I) extreme drought severity on the Palm- f This measure is not the end-all solution. er Drought Severity Index published by the National Oceanic and Atmospheric Adminis- This is just the beginning toward the demand TRIBUTE TO RICHARD FLORES tration, or TAITANO for not only in California, but over the United ‘‘(II) water shortage (due to increasing de- States, to conserve water. I believe farmers mands, limited supplies, or limited storage) will contribute to solving water supply prob- by the Natural Resources Conservation Serv- HON. ROBERT A. UNDERWOOD lems when given the opportunity, as they al- ice of the Department of Agriculture or the OF GUAM ready have through conservation transfers and Bureau of Reclamation of the Department of IN THE HOUSE OF REPRESENTATIVES the Interior, crop changes. I also believe providing for the Tuesday, January 7, 1997 long-term water supply needs of environ- ‘‘(ii) the taxpayer has in effect a water con- servation plan which has been reviewed and Mr. UNDERWOOD. Mr. Speaker, last Satur- mental, urban, and agricultural users is a criti- approved by such Service and Bureau, cal part of the solution. day evening on Guam, my island lost one of ‘‘(iii) such expenses are consistent with its most outstanding public servants, Richard The Agricultural Water Conservation Act will such plan, and provide another vehicle for farmers to contrib- ‘‘(iv) there is an irrigation water savings of Flores Taitano. His passing is an enormous ute to the solution and offer a modest credit to at least 5 percent which is attributable to loss for Guam as well as for me and my fam- share the cost with the true beneficiariesÐthe such system. ily. He was Uncle Richard to us and those in public. For purposes of clause (iv), water savings his extended family, but he wasÐSenator Be it enacted by the Senate and House of Rep- shall be determined and verified under regu- Taitano, the quintessential public servantÐto resentatives of the United States of America in lations prescribed jointly by such Service the rest of the island. Generous to a fault, eth- Congress assembled, and Bureau. ical in all of his dealings, intelligent as well as E34 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 intellectual, he embodied the best which family. If you wanted a lesson in hard work, he Leadership through personal example is a Guam has ever produced. provided the role model. If you needed a les- trite phrase, but an appropriate one when Richard Taitano achieved much in his 75 son in service to family and parents and sib- speaking about Richard Flores Taitano. Guam years of life. He was the first and only native lings and nephews and nieces, he was the will miss him. His legacy is one that should in- of the territories to ever serve as director of lesson. If you wanted to know almost anything spire future generations. As may be appro- the Office of Territories in the Department of about anything whether it was agriculture or priate and as he desired, he will probably not Interior. He served as deputy high commis- religion or Guam or ethics or the Federal Gov- get the public honor that he so richly merits. sioner of the Trust Territory of the Pacific Is- ernment, you could always ask him. And if you He requested that no ``state funeral'' be held lands at a critical time of transition for the needed a lesson in humility, he would teach for him because he didn't want people stand- Trust Territory. As significant as this service you one through the application of his wry ing up to tell ``lies'' about him. was during the Kennedy and Johnson admin- humor. But I know that it really doesn't matter. He istrations, this is not the service for which he Like others in the Taitano family, the Kueto was always in it to do the right thing and is remembered on Guam. clan, he had the sharp tongue to match the never for the glory. May that spirit touch us Instead, it is his service at home for his peo- sharp mind. He came from a large family today, elected leaders and government offi- ple on Guam. As a young director of finance whose reputation for hard work and sharp cials. He really was the lamp at the door to a in the post-Organic Act Guam, he became the minds is well-known. He applied this to be- fair and just government on Guam. first Chamorro to become responsible for mon- coming one of the first young Chamorros to The island's heartfelt condolences go out to itoring the finances of the new civilian Govern- become educated in the immediate post-World his widow, Magdalena Santos Taitano, his ment of Guam. He did so with intelligence and War II period. Attending to his parents and children Taling, Richard, John, and Carmen siblings during the Japanese Occupation of a high standard of ethics which he expected of and nine grandchildren. His family was a himself as well as others. He served four Guam, he came out of the war a very mature source of strength for him during his extended terms in the Guam Legislature from 1972 to and experienced person. He went to Berea illness. He also leaves behind brothers and 1980. During these terms, he applied the College in Kentucky and the Wharton School sisters Esther Taitano Underwood, Frank Flo- same high standards in overseeing the spend- of Economics in Pennsylvania. He came back res Taitano, Jose Flores Taitano, Henry Flores ing plans of government agencies without re- to Guam educated and ready to apply his Taitano, Candelaria Taitano Rios and William gard to friendships, political alliances, or family knowledge and understanding of his people to Flores Taitano. connections. As a young educator, I had the government service, both on Guam and in the Si Yu'os ma'ase' nu todu i che'cho'-mu para opportunity to testify in front of him on political Federal sector. i minaolek i taotao-mu yan i tano'-mu. status issues. I was afforded no special treat- As he had been taught by his parents, he f ment and, in fact, given some difficult ques- knew that his education and his intelligence tions to respond to. required a high level of responsibility from him. CASA MALPAIS NATIONAL For most political leaders on Guam, he was He knew that being gifted was just thatÐa gift. HISTORIC LANDMARK a great Democrat partisan. He served as State He didn't earn being smart or talented or hard- chairman of the Democratic Party of Guam working. These were the result of his parent- from 1967 to 1969. He was the architect of a age, his heritage, and his place in the world HON. J.D. HAYWORTH political machine that was built on hard work, as God intended for him. Personal arrogance OF ARIZONA collaboration, boundless energy, unmatched was not part of his demeanor, but he certainly IN THE HOUSE OF REPRESENTATIVES intellect, and powerful grassroots. He was a enjoyed using his wits to confront arrogance Tuesday, January 7, 1997 role model for two generations of politicians wherever and whenever he saw it. Mr. HAYWORTH. Mr. Speaker, today I am Uncle Richard was my personal lesson in and politician wannabees who saw in him the reintroducing legislation which would authorize how to use your wits and how to use hard embodiment of the drive for political mastery the Secretary of the Interior to provide assist- work to great advantage in life. But that is not and the desire to be of public service. ance to the Casa Malpais National Historic For all in Guam's governmental matrix, he the end of the lesson. You see the world is full Landmark in Springerville, AZ. The Casa was the best that the island has ever had in of witty people, even those who work hard at Malpais National Historic Landmark is a 14.5 devotion to duty combined with the highest of being witty and those who take full advantage ethical standards. Whether it was his service of it. The difference for those who become acre archeological site located near the towns as a land surveyor, as director of the Depart- truly great is that only a handful, only a select of Springerville and Eager in northeastern Ari- ment of Finance, as the legislative overseer of few, use those talents in the service of people. zona. The site was occupied around A.D. the Government's finances, he was Guam's He saw that people needed help and that it 1250 by one of the largest and most sophisti- model for ethical public service. There was was his responsibility to help them, not by cated Mogollon communities in the United never any ``deal'' to be made when it involved bending the rules, but by changing the rules. States. the public's money. He made the sun shine in He was that there was much which was unfair Casa Malpais is an extraordinarily rich ar- on his public service and he shined that same and he challenged the unfairness not by hit- cheological site. Stairways, a Great Kiva com- light on every agency head that came before ting below the belt, but by exposing unfairness plex, a fortification wall, a prehistoric trail, him. He didn't just talk sunshine politics, he whenever he saw it. He saw that there was in- catacombs, sacred chambers, and rock panels lived it and he did so in a way no other Guam justice in government, but he confronted the are just some of the features of this large ma- public servant has ever matched, before and purveyors of injustice. He didn't pander to the sonry pueblo. Due to its size, condition, and especially since. He is the role model for victims of injustice, he went at those who rou- complexity, the site offers an unparalleled op- those who aspire to ethical public service. tinely practiced injustice. He was outspoken, portunity to study ancient society in the South- For those of us who were related to him and but even his silence could convey a powerful west and, as such, is of national significance. who grew up in his shadow, he touched us in message, as when he quietly walked out of My legislation would establish the Casa ways which he himself probably never under- the first Guam Commission on Self-Determina- Malpais National Historic Landmark as an af- stood. He was diminutive in size, came from tion when Chamorro self-determination was filiated unit of the National Park Service. Affili- a Baptist family in a very Catholic island and not going to be the first item on the agenda. ated status would authorize the resources and was reared in unprivileged circumstance. He He never went back. protection necessary to preserve this treasure. demonstrated to us that stature was measured He didn't come to this role easily. In carry- As a member of the family of affiliated national from the neck up. He showed that a keen in- ing out his duties as a Federal official, he en- landmarks, the public would also have greater tellect and hard work could always overcome gaged in activities which he didn't particularly exposure to the Casa Malpais site. advantage. He understood religion to be a relish. He appeared in front of the United Na- The communities in the area support this personal force and not a public display. During tions to defend U.S. policies and was some- legislation. Local officials have taken steps to his service as Guam Senator, the Legislative times a caustic critic of local governmental ac- ensure that all research and development of Building and Catholic Cathedral were across tions. But in his service as Guam Senator, we the site is conducted in consultation with local the street from each other. I remember well all bore witness to the wisdom which that experi- native American tribes. the times he refused to cross the street to go ence gave him. He could speak with authority I ask my colleagues to support this meas- to the Cathedral for an Inaugural mass for the not only about local aspirations, but about ure. It will enhance the landmark's attributes Guam Legislature prior to the swearing in of Federal intent. Although illness eventually for the enjoyment and education of local com- the new legislature. pulled him from the mainstream, political nov- munities, the State of Arizona and the Nation. If Richard Taitano were your uncle, he ices and experienced elected officials contin- By supporting this legislation, we can help would be the biggest giant in your extended ued to seek his counsel and advice. open this unique window of history through January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E35 which we can study and learn about our rich Felix H. Bryant, Jr. and Brother William H.L. Terrell, Lloyd Terrell, Antionne Thompson, heritage. Oliver became Omega Man of the Year. Charles W. Watts, H. Benjamin Williams, Rob- f In their acceptance speeches each gen- ert Wilson, Jr., James C. Wilkerson, Rashad tleman thanked his family for the role each Wilkerson, and Ennis D. Winston. FRIENDSHIP IS ESSENTIAL TO has played in his life. The words role model Mr. Speaker, I am sure my colleagues will THE SOUL kept coming up. Felix Bryant thanked his want to join me as I offer congratulations to mother who received an Achievement Award the award recipients and extend best wishes HON. DONALD M. PAYNE in 1995; presenter Louis Childress thanked his for a prosperous, healthy and happy 1997 to OF NEW JERSEY awardee brother, Irving, who although younger the members of Omega Psi Phi Fraternity, IN THE HOUSE OF REPRESENTATIVES had been a role model for him; William Oliver particularly the membership of the Upsilon Phi recognized his two daughters, Shelly and Tuesday, January 7, 1997 Chapter of Newark, New Jersey. Krystal and his granddaughter, Kourtney. The f Mr. PAYNE. Mr. Speaker, November 17, theme of being of service to one's community 1996 marked the 85th anniversary of the also took a prominent place in everyone's re- INTRODUCTION OF THE TRUTH IN founding of the Omega Psi Phi Fraternity. The marks. BUDGETING ACT fraternity was founded by three undergraduate Mr. Speaker, I was honored to be the recipi- students and their faculty advisor at Howard ent of the 1994 Citizen of the Year Award HON. BUD SHUSTER University. These gentlemenÐEdgar Amos from the Upsilon Phi Chapter of the Omega OF PENNSYLVANIA Love, Oscar James Cooper, Frank Coleman, Psi Phi Fraternity. It was very gratifying to be IN THE HOUSE OF REPRESENTATIVES and Dr. Ernest Everett JustÐbegan an organi- recognized for my work by a group of distin- Tuesday, January 7, 1997 zation that would play a major role in the cul- guished professional gentlemen who in their Mr. SHUSTER. Mr. Speaker, I rise today to tural, social, and civic lives of communities of own rights make differences in the lives of introduce, along with the Ranking Member of color. many people every day. Greatness, commit- the Transportation and Infrastructure Commit- The Omega Psi Phi Fraternity is one of ment and service have permeated the legacy tee, Representative OBERSTAR, the Truth in eight members of the National Pan-Hellenic of the Omegas through the memberships of Budgeting Act, which takes off-budget four Council. The fraternity's motto is ``Friendship many famous African-American men including user-financed, deficit proof transportation trust Is Essential To The Soul'' and its cardinal prin- marine biologist Ernest E. Just who was rec- funds. ciples are manhood, scholarship, persever- ognized recently with the issuance of a com- In the 104th Congress, the House, on April ance and uplift. The first chapter, the Alpha memorative U.S. postal stamp, discoverer of 17, 1996, voted by nearly a two to one margin Chapter, was organized by 14 charter mem- plasma Charles Drew, poet Langston Hughes, (284±143) in favor of the same bill that we are bers on December 15, 1911. Today, Omega developer and initiator of the current Black introducing today. The support for that legisla- Psi Phi is composed of 11 districts and has History Month Carter G. Woodson, attorney tion was overwhelmingly bipartisan. more than 500 active chapters around the and former head of the National Urban The reason for this support is simple. The world. League Vernon Jordan, astronaut Ronald issue before the House was not a budget The Upsilon Phi Chapter represents the McNair, America's first African-American Gov- question but rather a matter of honesty with greater Newark, New Jersey area. It was ernor L. Douglas Wilder, and author of ``Lift the taxpayer. Members concluded that they no founded on October 27, 1927 to promote the Every Voice and Sing'' James Weldon John- longer wanted to continue the charade of col- fraternity's cardinal principles in the commu- son. This list of luminaries would not be com- lecting dedicated gas, airline, waterway, and nity. The 63-member organization has contin- plete if it did not include two gentlemen who harbor taxes and using the fundsÐnot to fund ued the tradition of providing service and sup- were instrumental in establishing a sound and infrastructure improvementsÐbut rather to port to our community and its people. functional foundation for the fraternity. They mask the size of the general fund deficit. The brothers of the Omega Psi Phi Frater- are H. Carl Moultrie who served as the frater- The Truth in Budgeting Act is very simple. nity were very active in America's struggle for nity's first national executive secretary (execu- It removes four trust funds (Highway, Aviation, social change. Thousands of Omega men tive director) and Walter H. Mazyck who was Inland Waterways, and Harbor Maintenance) from every part of the country were involved in the fraternity's preserver of records (historian). from the Congressional Budget. The trust the fight to eliminate racial discrimination. The Mr. Speaker, I would like to take this oppor- funds still remain subject to all current author- Omegas financially supported other organiza- tunity to enter into the annals of U.S. history, izing and appropriations controls. Indeed, the tions, including the NAACP and Urban the names of the members of the Upsilon Phi legislation includes provisions guaranteeing League, that were fighting on the same battle Chapter; hereby thanking them for being such that the funds can never deficit spend. field for social justice. good role models and supporters of our com- All spending from these trust funds would It is said to forget one's history is to be munity. The 1996 membership roster includes still require authorization and appropriate doomed to repeat one's mistakes. In 1921 at Lee A. Bernard, Jr., Basileus; William H.L. Oli- spending controls could still be set by the Ap- its Nashville Grand Conclave, the Omegas ver, 1st Vice Basileus; Patrick D. Todd, 2nd propriations Committee. Further, spending adopted Carter G. Woodson's concept of a Vice Basileus; Ronald D. Coleman, Keeper of from the funds are still subject to line item National Achievement Week to promote the Records and Seal; Felix H. Bryant, Jr., Keeper veto and would be included in calculations study of Negro life and history. Today, Mr. of Finance; Derrick Hurt, Keeper of Peace; under balanced budget constitutional amend- Woodson's concept is observed in the month Rev. John G. Ragin, Chaplain; and members ments. of February as Black History Month. The Dwayne R. Adams, Donald D. Baker, James America's infrastructure needs are stagger- Achievement Week is still observed during the R. Barker, Jr., Stephen Barnes, Richard A. ing. For highways, we should be spending $60 month of November where tribute is paid to Bartell, Jr., James E. Bennett, Victor Cahoon, billion per year but are only spending $30 bil- members of the community who have served Louis Childress, Jr., Steve Cooper, Michael A. lion. Similar levels of neglect exist in our it in an exemplary manner. Davidson, Adrian C. Desroe, Edward Von bridge and transit programs. Our air traffic On November 9, 1996, the Upsilon Phi Dray-Smith, Daniel Eatman, Leon Ewing, Jef- control system is still literally running on vacu- Chapter held its 1996 Achievement Week frey C. Gaines, Alfred C. Gaymon, Tyrone um tubes. Awards Breakfast on the campus of the New Garrett, Hugh M. Grant, Richard Greene, There are numerous costs to this under in- Jersey Institute of Technology in Newark, New Bruce D. Harman, Keith Harvest, Pearly H. vesting: increased commuting times and Jersey. The event was a gathering of family, Hayes, Thomas V. Henderson, Bruce A. Hin- delay, additional cost from wear and tear, de- friends, brothers and associates who came to- ton, James G. Hunter, George W. James, IV, creased industrial productivity and inter- gether to recognize and thank those who have Sharpe James, Michael W. Johnson, Kenneth national competitiveness, and increased trans- made a difference. Student Awards were pre- J. Jones, Ronald M. Jordan, Jr., Calvin R. portation costs for businesses. sented to Willie D. Graves and Michael Brown, Ledford, Jr., Melvin D. Lewis, Jr., Gilbert D. Perhaps the greatest cost is in diminished students of Orange High School and St. Bene- Lucas, Samuel M. Manigault, Samuel T. safety. Fatal accidents on four-lane divided dict's Prep School, respectively; Irving A. McGhee, Maxie A. McRimmon, Clifford J. highways may be one half that of two-lane Childress received the Community Service Minor, Ronald J. Morse, Jr., Roy Oller, roads. Improvements from the National High- Award; the Citizen of the Year Award went to Sedgewick Parker, Alfred Parchment, S. way System (NHS) may save 1,400 to 3,600 Milton L. Harrison; the Superior Service Award George Reed, Autrey Reynolds, Arthur J. lives yearly as well as savings in human suf- was accepted by Brother James G. Hunter; Smith, III, Zinnerford Smith, Rhudell A. fering and economic loss. Aviation safety is the Basileus Award was presented to Brother Snelling, Jessie L. Stubbs, Jr., Kenneth the top priority of the air traffic control system. E36 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 When these trust funds were established, COMMON LANGUAGE, COMMON sure that students can choose to pray in the American taxpayer consented to paying SENSE: THE BILL EMERSON ENG- school. Regrettably, the notion of the separa- dedicated excise taxes (for example, the gas LISH LANGUAGE EMPOWERMENT tion of church and state has been widely mis- tax and the airline ticket tax). In return, the ACT represented in recent years, and the Govern- Federal Government promised to spend these ment has strayed far from the vision of Amer- use-related taxes for infrastructure improve- HON. RANDY ‘‘ DUKE’’ CUNNINGHAM ica as established by the Founding Fathers. ments. To signify the fiduciary responsibility OF CALIFORNIA Our Founding Fathers had the foresight and the Federal Government was undertaking, IN THE HOUSE OF REPRESENTATIVES wisdom to understand that a Government can- not secure the freedom of religion if at the trust funds were established to keep track of Tuesday, January 7, 1997 receipts and spending. The government fur- same time it favors one religion over another ther promised that any unspent balances Mr. CUNNINGHAM. Mr. Speaker, today I in- through official actions. Their philosophy was would be invested in the safest security pos- troduce legislation making English the official one of evenhanded treatment of the different sibleÐU.S. Government securities. language of the U.S. Government. Similar leg- faiths practiced in America, a philosophy that islation in the 104th Congress (H.R. 123) drew was at the very core of what their new Nation The current existence of over $30 billion in 197 bipartisan House cosponsors, and won a was to be about. Somehow, this philosophy is cash balances in these funds makes a mock- bipartisan 259±169 House vote on August 1, often interpreted today to mean that religion ery of these promises. For years, we have at- 1996. has no place at all in public life, no matter tempted to appropriately spend the funds in The Bill Emerson English Language what its form. President Reagan summarized these trust funds, yet the balances continue to Empowerment Act represents a common- the situation well when he remarked, ``The rise. This bill is the best available means to sense, common language policy. The legisla- First Amendment of the Constitution was not the real goal of insuring that these dedicated tion: written to protect the people of the country funds are spent for their intended purposes. Names English as the official language of from religious values; it was written to protect Support for the Truth in Budgeting bill is en- the Government of the United States; religious values from government tyranny.'' tirely consistent with support for a balanced Recognizes our historical linguistic and cul- And this is what voluntary school prayer is tural diversity, while finding that English rep- budget or a constitutional amendment to bal- about, making sure that prayer, regardless of resents a common bond of Americans, and is ance the budget. According to CBO, the Truth its denomination, is protected. the language of opportunity in the United There can be little doubt that no student in Budgeting Act does not, by itself, spend any States; should be forced to pray in a certain fashion additional funds. We have always been com- Requires the U.S. Government to conduct or be forced to pray at all. At the same time, mitted to working out reasonable spending lev- its official business in English, and to conduct a student should not be prohibited from pray- els to draw down the balances while continu- naturalization ceremonies in English; ing, just because he-she is attending a public ing on track to reach a balanced budget. In- Entitles every person in the U.S. to receive school. This straightforward principle is lost on deed, due to their self-financing nature, these official communications in English; the liberal courts and high-minded bureaucrats trust funds are model programs for how to bal- Includes commonsense exceptions to the who have systematically eroded the right to ance the budget. policy, such as for international relations, na- voluntary school prayer, and it is now nec- In addition, due to the unique nature of tional security, teaching of languages, preser- essary to correct the situation through a con- these four transportation trust funds, there will vations of Native Alaskan or Native American stitutional amendment. I urge my colleagues to not be a stampede of other trust funds deserv- languages, and for any use of English in a support my amendment and make a strong ing of the same off-budget treatment. Unlike nonofficial or private capacity; statement in support of the freedom of reli- other trust funds, these four funds are totally Is supported by 86 percent of all Americans, gion. user financed, deficit proof, not entitlements, 81 percent of immigrants (Luntz, 1996), and a and annually controlled. broad range of mainstream citizen organiza- f tions, such as U.S. English, the Veterans of A BEACON-OF-HOPE FOR ALL There is a strong argument that releasing Foreign Wars, the American Legion and oth- AMERICANS: KENNETH TAYLOR these funds for infrastructure improvements ers. will actually make it easier to balance the The only substantial difference between this budget. A recent study funded by the Depart- bill and the H.R. 123 adopted by the House in HON. MAJOR R. OWENS ment of Transportation found that since the 1996 is that the House-passed bill incor- OF NEW YORK 1950's, industry realized production cost sav- porated a repeal of the Federal bilingual ballot IN THE HOUSE OF REPRESENTATIVES ing of 24 cents for each dollar of investment mandate, H.R. 351, and this bill does not. I Tuesday, January 7, 1997 in highways. In other words, a dollar of high- continue to support repeal of the Federal bilin- way investment paid for itself within 4 years. gual ballot mandate. This arrangement helps Mr. OWENS. Mr. Speaker, with the 1996 election behind us, this Nation has completed A $1 billion expenditure on highways sup- simplify the bill's referral to only one House another cycle for the ongoing democratic proc- ports 56,600 full time jobs: 42,100 of these committee. ess which makes America great. The electoral jobs are in highway construction and supply Our late colleague, Representative Bill Em- erson worked for many years to make English process and the public officials selected industries and an additional 14,500 jobs are in through this process are invaluable assets in other industries throughout the economy. the official language of the U.S. Government. Through his goodwill, we had an historic and our quest to promote the general welfare and A well-managed program of infrastructure successful first-ever House vote on the issue to guarantee the right to life, liberty, and the investment improves the Nation's productivity in the 104th Congress. His widow and succes- pursuit of happiness. It is important, however, and economy, making it easier to balance the sor, Representative JoAnn Emerson is the first Mr. Speaker, that we also give due recognition budget. cosponsor of this legislation in the 105th Con- to the equally valuable contribution of non- A wide cross-section of business, labor, and gress. elected leaders throughout our Nation. The government organizations recognizes these I invite Members to cosponsor the Bill Emer- fabric of our society is generally enhanced and facts and supports the Truth in Budgeting Act. son English Language Empowerment Act in enriched by the hard work done year after In all, 94 organizations are part of a Truth in the 105th Congress, so we may enact this year by ordinary volunteer citizens. Especially in our inner-city communities which suffer from Budgeting Coalition working to pass this legis- positive and constructive legislation. long public policy neglect, local grassroots lation. f leaders provide invaluable service. These are Support for the Truth in Budgeting Act is a VOLUNTARY SCHOOL PRAYER men and women who engage in activities win-win situation. Taking the transportation which generate hope. I salute all such heroes trust funds off-budget restores faith with the HON. JO ANN EMERSON and heroines as Beacons-of-Hope. American taxpayer over the promises made OF MISSOURI Kenneth Taylor is one of these Beacons-of- when these taxes were enacted. Spending IN THE HOUSE OF REPRESENTATIVES Hope residing in the central Brooklyn commu- from the trust funds is still completely subject nity of New York City and New York State. In to congressional control, is consistent with a Tuesday, January 7, 1997 1982, Mr. Taylor offered his services as a vol- balanced budget, and can help the economy, Mrs. EMERSON. Mr. Speaker, I rise today unteer in the office of Congressman MAJOR making it easier to reach a balance. to introduce a constitutional amendment to en- OWENS and later rose to the position of deputy January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E37 district director. During the course of his ten- and one which our County long profit from home the second place trophy. Unfortunately ure there, he assisted thousands of constitu- was Jim's hands-on involvement and support for the Raiders, the third time was not the ents with various problems. He became an ex- for the approval and construction of the San charm for the State championship. However, I pert at resolving immigration problems and Felipe Division of the Central Valley Project. believe that there are no losers in a State was recognized throughout the city. After This project, for the first time, brought federal championship game, because both of the nearly 13 years with Congressman OWENS, water into our County. His leadership was criti- teams playing are winners already. Mr. Taylor retired; however he remains active cal at a time when many did not think it was Having the opportunity to play in a State in his community. possible to overcome all the hurdles involved championship game in any sport is a great ac- Kenneth Taylor also devotes much of his in bringing Federal water to our area. But Jim complishment that cannot be attained without time to music. He serves as an organist, com- did. hard work. I commend the Raiders students, poser, and arranger for his church in Brooklyn. Throughout his career, the governors of coaches, and fans for their hard work and Moreover, he is vice president of the 100 Men California have sought out Jim's counsel and dedication to the sport of football as well as for Major Owens; member of District 65; and leadership naming him to numerous boards the loyalty that they have shown for their member of Sigma Alpha Delta. and task forces on California's more difficult school. Shortly after his arrival from his native coun- water issues ranging from Auburn Dam to the For the record, I would like to list the names try of Cuba, Kenneth Taylor enlisted in the transfer of the Central Valley Project to the of the players, coaches, managers, cheer- United States Army and was stationed in state. Jim also served for ten critical years as leaders, and pom-pom squad members in- France and Germany. At the end of his enlist- a governor's appointee to the California Water volved in the success of the 1996 Central ment, he received an honorable discharge. Commission. This assignment brought him to A&M Raiders Football Team. First, the play- He, thereafter, attended Bernard Baruch Col- Washington to make California's case for in- ers: Jim Dial, Ryan Dorsey, Craig Fathauer, lege where he graduated with a bachelor of creased funding for our water initiatives. Many Ross Forlines, Joe Gould, Matt Hite, Jim Hunt, arts in management. He also received a cer- stories are told of Jim's tenacious, but Travis Kerby, Drew Moore, Aaron Potsick, Tim tificate in paralegal studies from Long Island thoughtful support for California's projects Prosser, Trent Rodman, Wes Shanks, Wes University and completed an internship with among the appropriations committee staff and Temples, Jeremy Buckles, Jason Churchill, the corporate counsel of the city of New York. federal agenciesÐand what a difference he Virgil Coffman, Bob Hogan, B.J. Jordan, Perry Kenneth Taylor is a Beacon-of-Hope for made. Jordan, Mike McLain, Jeremy Medler, Brad central Brooklyn and for all Americans. I was privileged to see Jim in action last Reatherford, Jon Simmons, Richard Stuart, f spring as he led a San Jose contingent to Darin Wall, Derek Wall, Tim Webster, Jeff Washington to make the case for key funding Carter, Brent Damery, Graham Danyus, Justin SALUTE TO JAMES JOHN LENIHAN levels for the Guadalupe River Project. His Dirks, Jacob Elder, Adam Germscheid, Ross sincere feeling for the protection of his con- Minott, Josh Monson, Nathan Morrison, Chris HON. ZOE LOFGREN stituents, coupled with his knowledge of the Stringer, Andy Tibbs, and Brandon McVey. OF CALIFORNIA appropriations process and his Irish wit and Coaching the Raiders were Mark Ramsey, IN THE HOUSE OF REPRESENTATIVES good humor made for a winning combination. Gerald Temples, Brett Hefner, Doug Morrell, Tuesday, January 7, 1997 This enabled the County's federal representa- Brad Kerby, Mike Lees, and Jerit Medler. tives to secure federal funding in difficult finan- Team managers were John Allison and Jesse Ms. LOFGREN. Mr. Speaker. In an era cial times. Jim's been working his magic for Adrian, The cheerleaders included Amanda when hard work and dedication to the public our County now for 36 yearsÐwe cannot af- Bilyeu, Bidget Bilyeu, Amber Blades, Jody good sometimes seem outdated, we need to ford for him to retire. Burckhartt, Michelle Matlock, Courtney Nicol, be reminded what personal character and But retire he will in late January 1997 to Jennifer Ramsey, Abbey Seifert, Amy Seifert, long-term commitment mean. It is the men Watsonville, CA, with Nancy where he will Jenny Vincent, Brianne Wempen, and Hilary and woman who work hard, raise children and enjoy his five children and plan for the next Wooters. Members of the pom-pom squad are contribute to the quality of their neighbor's phase of his tremendous career. We know Jim Brooke Boitz, Kelly Clutter, Amanda Dorsey, lives who are the true heroes of American life. will stay involved in California water issues Amanda Flemming, Jennifer Ludlum, Neely Jim Lenihan is such a person. Jim grad- and as the County's elder statesman on water Sloan, Ronda Sloan, and Tiffany Wilson. uated from the University of San Francisco, policy, we look forward to calling on him for On behalf of the 19th District of Illinois, I ex- married his wife, Nancy, and began a long his wisdom and insight in the years ahead. tend my congratulations to the Central A&M and successful career in the insurance busi- And so Mr. Speaker, I would like to extend Raiders on another successful season. As the ness which lasted forty years. During this time, my fellow Californians' utmost gratitude to Mr. words to your fans' favorite cheer says, ``We Jim and Nancy raised their five children, while Jim Lenihan for a job well-done earning him a are proud of you.'' Jim found time to engage in a host of civic ac- list of sterling achievements rarely matched f tivities in Mountain View and Santa Clara among our state's leaders in water policy de- County. A dedicated family man who also velopment. PROTECT VOTING RIGHTS FOR worked hard to give back to his community, f THE HOMELESS; THE VOTING Jim is much loved in Mountain View. In 1960, RIGHTS OF HOMELESS CITIZENS Jim began his other career in the water re- A TRIBUTE TO THE RAIDERS OF ACT OF 1997 sources field by being elected Board Director MOWEAQUA, IL of the Santa Clara Valley Water Conservation HON. JOHN LEWIS District, the predecessor to today's Santa HON. GLENN POSHARD OF GEORGIA Clara Valley Water District in San Jose, CA. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Jim has served for 36 years on the Santa IN THE HOUSE OF REPRESENTATIVES Clara Valley Water District Board as a guiding Tuesday, January 7, 1997 force for thoughtful water resources manage- Tuesday, January 7, 1997 Mr. LEWIS of Georgia. Mr. Speaker, as the ment. During his tenure, Jim had a leading Mr. POSHARD. Mr. Speaker, I want to 105th Congress convenes today, I am pleased role in the critical decisions facing the District honor a group of dedicated high school ath- to reintroduce the Voting Rights of Homeless in the development of a reliable water supply letes that I am proud to say are from my dis- Citizens Act of 1997. The purpose of this leg- for the County. Specifically, Jim was involved trict. The Central A&M Raiders football team islation is to enable the homeless, who are in the development of the San Felipe Water recently won Second Place in the Illinois Class citizens of this country, to vote. The bill would Importation System, the Guadalupe River 2A State Football Championship and finished remove the legal and administrative barriers Flood Control Project, the State Water Project their season with a record of 12 wins and 2 that inhibit them from exercising this right. No and a host of state and federal water policy is- losses. one should be excluded from registering to sues. His early involvement and effective lead- The consolidated school districts of As- vote simply because they do not have a ership to secure local, state and federal find- sumption and Moweaqua have produced a home. But in many States, the homeless are ing in support of the State Water Project and football dynasty in central Illinois. This season left out and left behind. That is not right. It is the federal Central Valley Project has helped the Central A&M Raiders made their third ap- not fair. It is not the way of this country. make Santa Clara County and the State of pearance in the Illinois State High School During this century, we have removed major California leaders in the stewardship of our Football Championship Game and this is also obstacles that prevented many of our citizens water resources. One of Jim's key successes the third time that the Raiders have brought from voting. Not too long ago, people had to E38 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 pay a poll tax or own property to vote. Women eryday lives. Because I grew up in the small mistake and now HUD is threatening to make and minorities were prohibited from casting town of Edgertown, MN, I cherish the mo- the proverbial mountain out of the mole hill. the ballot. ments I am able to enjoy listening to Garri- In considering the potential problems large Before the Civil Rights Movement, there son's radio imagery and reliving some of the public housing authorities may encounter as were areas in the South where 50 to 80 per- joys of my midwestern youth. they try to implement mandatory verification of cent of the population was black. Yet, there Mr. Keillor's work is not limited to his superb citizenship or immigration status of all appli- was not a single registered black voter. In activities over radio airwaves. Readers of The cants for housing assistance, the Senate tried 1964, three young men in rural Mississippi New York Times and The Atlantic are en- to provide an opt-out provision which would gave their lives while working to register peo- riched and entertained by the thoughts of Gar- allow HA's to grant housing assistance before ple to vote. Many people shedded blood and rison through his contributed articles. He is all verification was completed if the verification some even died to secure voting rights protec- also the author of numerous books: ``We are process was taking too long or if the waiting tion for all Americans. Still Married,'' ``Happy to be Here,'' ``Lake period began to result in an unusual amount Mr. Speaker, over 30 years ago, President Wobegon Days,'' ``WLT,'' ``Leaving Home,'' of vacant units. While House Members were Lyndon Johnson proposed that we ``eliminate ``The Book to Guys'' and the children's book at first reluctant to put this opt-out into statu- every remaining obstacle to the right and op- ``Cat, You Better Come Home,'' He has also tory language, it was included in the final ver- portunity to vote.'' Eight months later, the Vot- broken box-office records in performances sion of the bill signed into law. ing Rights Act of 1965 was signed into law, with orchestras across the country and over- Unfortunately, HUD has now interpreted the making it possible for millions of Americans to seas. opt-out language to mean that HA's could opt- enter the political process. The time is long While his work is obviously appreciated by out of the entire section 214. In other words, overdue to ensure that every American has his fans, as evidenced by his loyal If HUD's view prevailed, HA's could legally the opportunity to exercise this fundamental listenership, there is also a mutual respect and give housing assistance to illegal aliens with- right. admiration from his peers. During the first 13 out any questions being asked. Needless to Our Nation has made progress. The 19th years of PHC, Garrison received the pres- say, I totally disagree with the interpretation amendment finally gave women the right to tigious George Peabody and Edward R. Mur- the Department has rendered on the issue. vote. The motor voter law made voter registra- row Awards, along with a medal from the How HUD's lawyers could come to the conclu- tion more accessible to working people. Yet, American Academy of Arts and Letters for his sion that while adopting legislative changes to despite tremendous progress, we still have work. He has also received two ACE Awards, section 214, which were intended to make it work to do. I have dedicated my life to ensur- a Peabody, and a Grammy, along with several more difficult for illegal aliens who have been ing that every American is treated equally and Grammy nominations. The Museum of Broad- determined by the HA's to be ineligible for that everyone has the right to register and cast Communications has also paid tribute by new or continued assistance, the Congress vote. I ask my colleagues to join me in open- inducting him into their Radio Hall of Fame. would then intend to allow the HA's to turn ing the political process to every AmericanÐ I especially appreciate Mr. Keillor's discus- around and not enforce section 214, is beyond even those without a home. I urge my col- sions of everyday religious activities of Ameri- me. leagues to join me by cosponsoring and sup- cans. Although this subject is considered For the record, and as the principal author porting passage of the Voting Rights of Home- taboo by most media performers, Garrison of the section 214 changes, I will again, state less Citizens Act of 1997. treats religious beliefs as a normal part of that under no circumstance did the Congress f human activity, which it truly is for most peo- intend any interpretation of the legislation ple. He discusses it intelligently, thoughtfully, which gives any HA the option of following the HONORING GARRISON KEILLOR and respectfully, but does so with his superb law as written in section 214. sense of humor. He points out the foibles of It is clear to me, as it was to all of the Mem- HON. VERNON J. EHLERS human behavior vis a vis people's religious bers involved, that the author of the opt out OF MICHIGAN beliefs, yet does so in a way that humorously only intended to allow HA's with high turnover IN THE HOUSE OF REPRESENTATIVES causes us to reflect on our faith and actions to be able to place families in housing without Tuesday, January 7, 1997 and how they relate to the greater meaning of having to wait for a verification from the INS. life. Again, it is inconceivable to me how HUD Mr. EHLERS. Mr. Speaker, It is with great Mr. Speaker, I ask my colleagues to join me could say that our intent was to allow HA's to pleasure that I take this time today to recog- in thanking Garrison Keillor for his gifted con- completely ignore a law we were trying to nize America's most gifted, thoughtful, and tal- tributions to our society. His dedication, talent, tighten. ented entertainer, writer, and storyteller, Garri- and writing are a true delight for those who The effect of HUD's conclusions would sug- son Keillor. I recently had the opportunity to have had the opportunity to enjoy his work. gest that HUD is now telling the HA's that if welcome Garrison to the Great Lakes State for f they do not want to enforce section 214 they a wonderful Christmas performance at the do not have to. This means that HUD is telling University of Michigan. HOUSING AND ILLEGAL ALIENS the HA's that they may now elect to grant Born in the eastern Minnesota town of housing assistance to illegal aliens or continue Anoka in 1942, Garrison Keillor has been pro- HON. ELTON GALLEGLY to provide assistance to illegals even after viding radio listeners with a serious, yet hu- OF CALIFORNIA they had been determined to be ineligible. I do morous, view of everyday life through his de- IN THE HOUSE OF REPRESENTATIVES not believe this is the official position of the scriptive and creative stories since his under- Tuesday, January 7, 1997 Department. graduate days at the University of Minnesota. My legislation is intended to clear up any After graduating Garrison went to work for The Mr. GALLEGLY. Mr. Speaker, today I am in- doubt among HUD or the housing authorities. New Yorker, where he exhibited his writing troducing legislation which is designed to cor- f skills and explored new interests. However, it rect a drafting error which appeared in Public wasn't until 1974 that Mr. Keillor began a new Law 104±208 and which pertains to the ability APPRECIATION TO THE PEOPLE radio program that has become a weekly tradi- of ineligible aliens to receive Federal housing OF MASSACHUSETTS 3D DISTRICT tion for his almost 2 million listeners world- assistance. wide. Amendments made to section 214 of the HON. JAMES P. McGOVERN ``Prairie Home Companion,'' Garrison's vari- Housing Act, as incorporated into the Immigra- OF MASSACHUSETTS ety show creation in 1974, has been a family tion Reform bill adopted last year, were de- IN THE HOUSE OF REPRESENTATIVES favorite in my home for over 20 years. Heard signed to make it more difficult for illegal on close to 350 public radio stations across aliens to receive housing assistance. The fact Tuesday, January 7, 1997 the country, with listenership growing, PHC is, illegals are currently receiving housing as- Mr. McGOVERN. Mr. Speaker, today I took has created a welcome and enjoyable atmos- sistance and every day newly arrived illegal my oath of office to represent faithfully the phere reminiscent of radio of years past by aliens are applying for assistance. HUD, in the people of the 3d district of Massachusetts. As providing unique entertainment and strong past has been very inconsistent in enforcing I stood on the floor of the House with my 6- mental images that only radio can present. Mr. the laws designed to prevent this funding from year-old niece, Courtney, I remembered the Keillor exhibits a superb knack for story spin- going to ineligible families. faces of all the familiesÐthe men, women and ning that is refreshing, and a nice change of Unfortunately, in attempting to correct the childrenÐwith whom I'd met throughout the 3d pace from the pressures we all face in our ev- obvious flaws in the law, we made a drafting district during this past year. The pledge I took January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E39 today is to work in support of their dreams and H.R.— gained critically needed emergency services aspirations, not only for today, but for the lives Be it enacted by the Senate and House of Rep- for people in need, and she has recovered of their children and grandchildren. resentatives of the United States of America in thousands of dollars in entitlement funds for To be elected to the House of Representa- Congress assembled, citizens who have been unjustly treated by tives is to take on a sacred trust. I feel privi- SECTION 1. SHORT TITLE. government agencies. Few people know their leged and deeply appreciative to the people of This Act may be cited as the ‘‘Rural Hous- way through the social service bureaucracy as the 3d Congressional District. And on this day, ing Loan Servicing Privatization Act’’. well as Annie Nicholson. I honor you and your faith in America and our SEC. 2. REQUIREMENT TO TRANSFER SERVICING Ms. Nicholson is a rare combination of case OF SECTION 502 LOANS. worker and community activist. She is a mem- joint future. Section 502 of the Housing Act of 1949 (42 U.S.C. 1473) is amended by adding at the end ber of the board of directors of the Paul J. f the following new subsection: Cooper Human Services Center; a member of RURAL HOUSING LOAN SERVICING ‘‘(i) TRANSFER OF LOAN SERVICING.—The the board of the Atlantic Avenue TAP Center; PRIVATIZATION ACT Secretary shall enter into contracts under and a member of 100 Women for Major section 510(k) providing for the servicing of Owens. all loans made by the Secretary under this Annie Nicholson is a native of Gulfport, MI HON. GARY A. CONDIT section, to the extent entities qualified and where she graduated from the 33d Avenue OF CALIFORNIA experienced in conducting loan servicing for High School. She later attended Kingsboro residential mortgage loans are available and IN THE HOUSE OF REPRESENTATIVES agree to enter into such contracts.’’. Community College and received training for manpower and career development counsel- Tuesday, January 7, 1997 SEC. 3. ADMINISTRATIVE PROVISIONS Section 510 of the Housing Act of 1949 (42 ing; welfare advocacy; and legal service advo- Mr. CONDIT. Mr. Speaker, I rise today to in- cacy. Annie is also the proud mother of two troduce the Rural Housing Loan Servicing Pri- U.S.C. 1480) is amended— (1) in subsection (j) by striking ‘‘and’’ at sonsÐJerry and Rodney Nicholson. vatization Act. the end; Annie Nicholson is a Beacon-of-Hope for Since 1988 the Congress has mandated (2) by redesignating subsection (k) as sub- central Brooklyn and for all Americans. that the Farmers Home Administration section (l); and f [FmHA], now the Rural Development Adminis- (3) by inserting after subsection (j) the fol- tration [RDA] establish an escrow accounting lowing new subsection: IN MEMORY OF REVEREND system for the section 502 single-family hous- ‘‘(k) enter into contracts (having such pro- SUMPTER ing program. It is now 1997 and little progress visions as the Secretary considers appro- has been made towards this goal. Since 1990, priate) with entities qualified and experi- enced in conducting loan servicing for resi- HON. GEORGE MILLER FmHA has been studying the benefits and ad- dential mortgage loans to conduct the serv- OF CALIFORNIA vantages of centralizing and contracting out icing for loans made by the Secretary under IN THE HOUSE OF REPRESENTATIVES the section 502 program. this title, which shall provide for such enti- Tuesday, January 7, 1997 A review of efforts to improve the delivery of ties to receive scheduled periodic payments the section 502 single family-housing program from borrowers pursuant to the terms of Mr. MILLER of California. Mr. Speaker, this shows that the program is troubled by mis- loans, including amounts for any escrow ac- past Saturday I had the chance to join many management, an unwieldy structure and infe- counts, and making payments of principal in my community to both mourn the death and rior technology. by FmHA's own admission, it and interest and such other payments with celebrate the life of Rev. Percel Napoleon respect to the amounts received from bor- Sumpter, pastor of Solomon Temple Mission- costs $20 million per year to maintain a sys- rowers as may be required pursuant to the tem that inadequately monitors the program. terms of loans and may provide for such en- ary Baptist Church. For more than 30 years Because this system cannot be redesigned to tities to retain a fee for servicing from loan Reverend Sumpter has been a leader in our maintain a mortgage escrowing program, the payment amounts received; and’’. community. He worked tirelessly to promote a agency must pay an additional $20 million per f better understanding between various factions year to voucher property taxes for borrowers. of our community, getting the police to under- This practice is detrimental to both the bor- A BEACON-OF-HOPE FOR ALL stand our youth and helping young people rower and the lender. AMERICANS: ANNIE NICHOLSON work with the police, trying to provide job op- In September of 1992, studies by the FmHA portunities for those on public assistance, and and GAO concluded that estimated operating HON. MAJOR R. OWENS seeking better housing for the elderly and low savings could be around $106 million by mak- OF NEW YORK income. Our community owes a great deal to ing these reforms. Unfortunately, trivial action IN THE HOUSE OF REPRESENTATIVES Reverend Sumpter. has been taken towards this end at a time Like the hundreds of people who attended when the Congress and the Federal Govern- Tuesday, January 7, 1997 his homegoing celebration on Saturday, I will ment are working towards reorganizing and Mr. OWENS. Mr. Speaker, with the 1996 miss Reverend Sumpter and all of his wisdom streamlining Government. election behind us, this Nation has completed and counsel. The Rural Housing Loan Servicing Privatiza- another cycle for the ongoing democratic proc- Our entire community conveys to the Sump- tion Act, will move this process along. This ess which makes America great. The electoral ter family our deepest sympathy. legislation would require the Secretary of Agri- process and the public officials selected I am enclosing below an obituary of Rev- culture to implement centralized servicing in through this process are invaluable assets in erend Sumpter that may inspire many of us as the section 502 housing program by entering our quest to promote the general welfare and we seek to help our own communities. into contracts with entities ``qualified and expe- to guarantee the right to life, liberty, and the OBITUARY rience conducting loan servicing.'' pursuit of happiness. It is important, however, ‘‘The Spirit of the Lord is upon me, be- One important aspect that this bill provides Mr. Speaker, that we also give due recognition cause he hath anointed me to preach the gos- is competition between Federal Government to the equally valuable contribution of non- pel to the poor; he hath sent me to heal the and private entities for borrowers. Allowing pri- elected leaders throughout our Nation. The broken hearted, to preach deliverance to the captives, and recovering of sight to the vate companies to compete for the borrowers fabric of our society is generally enhanced and blind, to set at liberty them that are bruised, currently serviced at the local level would fun- enriched by the hard work done year after to preach the acceptable year of the Lord.’’ damentally change the way the RDA does year by ordinary volunteer citizens. Especially Luke 4:18–19 business. It could also mean reaping the ben- in our inner city communities which suffer from The Reverend Dr. Percel Napoleon Sump- efits of the competitive marketplace, greater long public policy neglect, local grassroots ter was born in Columbia City, Florida, on efficiency, increase focus on customer needs, leaders provide invaluable service. These are December 22, 1925, to his proud parents, the and improving morale. men and women who engage in activities late Mr. Lewis and Mrs. Eva Sumpter. Dr. Given the budget and fiscal restraints facing which generate hope. I salute all such heroes Sumpter was one of seven children. Congress, I believe now is the time for us to and heroines as Beacons-of-Hope. He was preceded in death by one brother, work towards the goal of Rural Housing Loan Annie Nicholson is one of these Beacons-of- Reverend Lazarus Sumpter; two sisters, Mittiean Latson and Rosa Fashaw. Servicing Privatization Act. By doing this we Hope residing in the central Brooklyn commu- Dr. Sumpter was reared in a Christian would lower delinquency rates, reduce loan nity of New York City and New York State. home and taught Christian principles by his losses, have escrow account ability, and lower Since 1982, Annie has served as case worker parents. He confessed Christ and was bap- operating costs. for Congressman MAJOR OWENS. She has tized at an early age and united with Bethel E40 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Baptist Church in Fort Pierce, Florida. Rev- leaves to cherish his memory; his loving and university with a distinguished teaching erend C. Byrd was his pastor. devoted wife of forty-two years, Mrs. award in 1994, and was repeatedly chosen by He received his education in the public Arimentha Sumpter, Vallejo, California. graduation classes to address them at com- schools in Columbia City, Florida, and re- Four daughters: Margaret Cooley, Vallejo, mencement. ceived his Masters Degree in Manual Car- California; Joyce Balkum Sumpter, Roch- ‘‘Tom Campbell will be remembered as the pentry from Lincoln Park Academy of Co- ester, New York; Sonja Reese, Fort Meyers, pillar of teaching excellence at this law lumbia City, Florida. Florida; and Sadie Shivers, Dale City, Vir- school,’’ Northeastern Law School Dean He was always interested in gospel music. ginia. David Hall said yesterday. He taught prop- As he grew older, he was inspired by God and Three sons: Terry Sumpter, Vallejo, Cali- erty law in a way that students learned what his interest grew stronger. At the age of fornia; Aaron Sumpter, Petersburg, Virginia; they were supposed to learn.’’ eighteen, he was blessed to organize and sing and Calvin Smith, Fort Pierce, Florida. Born in Manhattan and raised in White with the Truetone Gospel Singers and the Godson: Victor A. Jones, San Diego, Cali- Plains, N.Y., Mr. Campbell attended Brown Golden Bell Jubilee Singers of Fort Pierce, fornia. University and the University of Virginia Florida. He became a professional singer and One sister: Anna Wilson, Lake City, Flor- Law School. He practiced on Wall Street and was blessed and privileged to tour through ida. served as assistant general counsel of the most Southern, Midwestern and Western Two brothers: Reverend Nathaniel Sump- Melville Shoe Corporation prior to his aca- States, singing in concert with renowned re- ter, Quincy, Florida and Aaron Sumpter, demic career. Former students yesterday recalled Mr. cording artists. He was noted as the star Lake City, Florida. Campbell’s gift for breathing life into arcane leader of the singing group. He and his sing- Fifteen grandsons, a special grandson, Paul and technical legal issues. Behind a stern ing group was blessed and honored to sing for Cooley, Sr., Vallejo, California, nine grand- and stoic visage, they said, lay an elegant branches of the United States Armed Serv- daughters, eleven great-grandchildren, a spe- sense of humor and infectious love for the ices. cial great grandson, Paul Cooley, Jr., In 1954 he changed his place of resident law. Vallejo, California; a host of other relatives, ‘‘Virtually everyone who ever took a class from Florida to Vallejo, California. He unit- Solomon Temple Church family and many, from him became an admirer,’’ said Suffolk ed with the St. John Baptist Church of many friends. District Attorney Ralph C. Martin 2d, who Vallejo, California, and joined the choir, SERVANT OF GOD, WELL DONE! first encountered Mr. Campbell as a first- known as the Voices of St. John. On April 9, 1964, he confessed his calling to Thy glorious warfare’s past; year law student. ‘‘He had a facility with the law and a way of presenting the law that the ministry under the leadership of Dr. Cal- The battle’s fought, the race is won, demystified it. He was just a prince of a vin Miller. He was licensed May 14, 1964, and And thou art crowned at last. guy.’’ ordained September 12, 1965, by Dr. Calvin Dr. Sumpter’s affiliations, recognition His property law course, one of the tradi- Miller. He served as the assistant pastor of awards, certificates and community services tional first-year requirements, helped intro- Good Samaritan Baptist Church of Vallejo, are many and are not listed by request of the duce generations of Northeastern students to California, where Dr. Calvin Miller was pas- family. the rigors of law school. tor. Dr. Sumpter retained his membership at f ‘‘He was an absolutely brilliant professor,’’ Good Samaritan Baptist Church, where Rev- said former dean Dan Givelber. ‘‘Students erend M.D. Slade is pastor at this time. TRIBUTE TO THOMAS P. CAMP- uniformly adored his teaching. He will be re- Dr. Sumpter continued his education at BELL, JR.—FATHER, GRAND- membered as a beacon of sanity in a confus- Solano College for three semesters. He re- FATHER, SCHOLAR ing first year of law school.’’ ceived an honorary Doctorate of Achieve- Mr. Campbell also played an instrumental ment Degree from the United Theological role in the affairs of the law school outside Seminary of Monroe, Louisiana, by Dr. S. HON. PETER T. KING of the classroom. He set up the first co-op Henry White, Registrar. He attended the OF NEW YORK program there in 1970, and spent a year as Progressive Baptist Seminary in Vallejo, IN THE HOUSE OF REPRESENTATIVES acting dean in 1992. California. He also attended the National He also enjoyed a lifelong involvement Congress, U.S.A., Inc. and taught classes on Tuesday, January 7, 1997 with the Boy Scouts of America, receiving ‘‘Jesus and His Teaching in Light of the New the Silver Antelope Award, the highest re- Testament’’. Mr. KING. Mr. Speaker, I rise today, the his- gional award in scouting. In February, 1967, Solomon Temple was in toric opening session of the 105th Congress, Colleagues say they saw a new and pro- need of a pastor; one that would spiritually to pay tribute to Prof. Thomas P. Campbell, found side of Mr. Campbell in recent years as motivate the congregation. The Church Jr., of Waban, MA, an outstanding American he struggled with illness. He insisted on prayerfully searched for that special God- and friend of my office who passed away in maintaining his normal course load and sent man. Several ministers were given ap- November after a long illness. drove himself to maintain his lofty stand- pointments to speak to the membership. Dr. Professor Campbell's life was marked by his ards of scholarship. Sumpter was included. ‘‘He taught us much more than law,’’ said Dr. Sumpter delivered to the Church a extraordinary devotion to his family, his faith, Northwestern associate dean Diane Tsoulas, message from God. He closed his message his community, his profession, and his coun- another former student. ‘‘The phrase I think with a song: ‘‘It’s Another Day’s Journey, try. He led a life of involvement and accom- of for him is ‘lion-hearted.’ He was incredibly and I’m Glad About It’’. plishment and was truly the embodiment of courageous in the face of illness and taught On February 26, 1967, Dr. Sumpter was in- the American Dream. us a great deal about courage and dignity.’’ stalled as the pastor of Solomon Temple Mis- My thoughts and prayers are with Professor Mr. Campbell leaves his wife of 36 years, sionary Baptist Church by Reverend J.L. Anne (Shanklin); three sons, Thomas P. 3d of Campbell's family. On behalf of every Member Roslindale, Edward S. of London and James Johnson, pastor of Elizabeth Baptist Church, of this House, I want to extend good wishes Richmond, California. D. of Old Town, Maine; a daughter, Margaret Under the dynamic Christian leadership of to his wife Anne, sons Tom, Ned, and Jim, A. Campbell of Jamaica Plain; two sisters, C. Dr. Sumpter, many stimulating auxiliaries daughter Molly, his daughters-in-law and, of Gale Brannan of Sussex, England, and Anne and classes have been organized for the pur- course, his four grandchildren. Like Professor C. Lyman of Pund Ridge, N.Y.; and four pose of nurturing Christian growth. Campbell, they demonstrated great courage grandchildren. He was employed by the Hoffman Company and dignity during many difficult times in re- A funeral Mass will be said at St. John the in Concord, California, as a master carpenter Evangelist Church in Wellesley Hills tomor- cent months. row at 10 a.m. Burial will be in Newton Cem- for twenty-five years until retiring in 1984. Mr. Speaker, at this time, as part of my trib- Dr. Sumpter shared liberally his time, his etery. God-given talents and his strong Christian ute to Thomas P. Campbell, Jr., I want to offer f influence and material possessions so that into the CONGRESSIONAL RECORD an article each of us may know through his visual ex- from the November 13, 1996 edition of the MEDICARE DIABETES EDUCATION ample how to become true Stewards of Boston Globe that discusses his many AND SUPPLIES AMENDMENTS OF Christ. achievements and his lasting legacy. 1997 He was currently serving as an Instructor [From the Boston Globe, Nov. 13, 1996] for the St. Vincent de Paul Employee Train- ing Program. THOMAS CAMPBELL JR., PROFESSOR OF LAW AT HON. ELIZABETH FURSE November 24, 1996, Dr. Sumpter preached NORTHEASTERN; AT 58 OF OREGON his last sermon at Solomon Temple Mission- Thomas P. Campbell Jr., a Northeastern IN THE HOUSE OF REPRESENTATIVES ary Baptist Church from scriptures: Psalms University law professor renowned for his Tuesday, January 7, 1997 72:16 and Psalms 73:1–2. The subject: ‘‘Christ, legal scholarship and compassion for stu- Our Sufficiency’’. dents, died of cancer Monday at his home in Ms. FURSE. Mr. Speaker, I rise with my On December 27, 1997, Dr. Sumpter an- Newton. He was 58. friend Mr. NETHERCUTT of Washington to intro- swered the welcome voice of his Savior, and Mr. Campbell was a professor at North- duce bipartisan legislation to improve Medi- was translated into the presence of Jesus. He eastern since 1970. He was honored by the care coverage of outpatient self-management January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E41 training and blood testing strips. By helping dream, and our Tax Code should reflect this the United States Postal Service. The legisla- improve Medicare coverage for Americans fact. An investment in a home is an invest- tion was the subject of four extensive hearings with diabetes, we can save untold human suf- ment in your community and in your future. In- during the 104th Congress and I plan to con- fering and millions of health care dollars. deed, for many Americans, the equity built up tinue the hearing process into this new year. This legislation is identical to two bills we after many years in a home represents a sig- This legislation, as introduced, is substantially coauthored in the 104th Congress, H.R. 1073 nificant part of their retirement nest egg. identical to the former H.R. 3717 as consid- and H.R. 1074, which were cosponsored by Owning a new home is the dream of young ered during the previous Congress. Any dif- 250 Members of the House. Unfortunately, couples starting a new life together, of newly ferences between this measure and its prede- neither bill was passed before Congress ad- arrived immigrants eager to realize the Amer- cessor reflect the legislative reform enacted journed for the year. Today, we are introduc- ican dream, and of all people working to build into law at the close of last year's legislative ing this landmark diabetes legislation with over a better life for themselves and their children. session. I again emphasize that the reintro- 65 original cosponsors and the support of vir- Homeownership is special, Mr. Speaker, duction of this measure represents my com- tually every major diabetes organization in and it should occupy a special place in the mitment to facilitating the reform process with America. In fact, statements of support from realm of public policy. The Homeowners Relief all areas of the legislation subject to review. seven diabetes organizations will follow this Act does just thatÐany gains from the sale of Consequently, I encourage those with inter- statement. It was the efforts of these organiza- a principle residence would be exempt from ests in the legislation to continue to engage tions which helped build the broad, grassroots capital gains taxation. Specifically, the bill ex- the Subcommittee in a constructive manner as support for H.R. 1073 and H.R. 1074 to 250 cludes from taxation the gains from the sale of the legislative process continues. MembersÐa clear, bipartisan majority of the a principle residence if, during the 7-year pe- During the 104th Congress the Subcommit- House. riod prior to the sale of the residence, the tee on the Postal Service, which I chair, con- Mr. Speaker, my colleagues, we can no property was owned by the taxpayer and used ducted indepth and lengthy hearings on the longer wait to enact this important legislation. as the taxpayer's principle residence for 5 or U.S. Postal Service and the issue of postal re- We must pass this bill as soon as possible to more years. form. During the oversight phase of our hear- ings we heard from more than 60 witnesses help improve the quality of life for the 16 mil- Current law provides some relief for home- representing all facets of the postal commu- lion Americans who have diabetes. I was owners, but it doesn't go far enough. Tax- nity. Further, I had the opportunity to meet proud when, last July, every major diabetes payers may roll the gains from the sale of a with a variety of individual postal customers, organization in the United States came to- home into a new home of equal or greater postal employees, and business leaders re- gether in Washington for the Diabetes Call to value, and older Americans can claim a one- garding these matters. I attempted to listen Action! and stood on the steps of the Capitol time $125,000 exclusion when they sell their and absorb the comments and interests put imploring Congress to pass this legislation. principle residence. These exemptions shield forth on and off the record during those meet- Another reason for passing this bill as soon some homeowners from capital gains liability, ings and address them with the introduction of as possible is that it saves money. The latest but certain circumstances force many to shoul- H.R. 3717 on June 25, 1996. scoring by the Congressional Budget Office der a significant capital gains tax bite when Continuing with the Subcommittee's desire demonstrates that this bill will actually save they sell their home. Increased home values to receive the full range of public comments $223 million over 6 years. Improving coverage put many taxpayers, particularly older Ameri- we held four hearings last year specifically on of outpatient self-management training and cans looking to retire, in the difficult situation H.R. 3717 and the issue of postal reform. Wit- blood-testing strips will help reduce costly hos- of having to pay substantial capital gains nesses at these sessions ran the gamut from pitalizations and complications that result from taxes. In addition, at a time when corporate the Postmaster General; Chairman of the diabetes. In fact, one statistic last year cited downsizing is all too common, often the most Postal Rate Commission; representatives of that Congress will lose $500,000 every day it substantial asset held by laid-off workers is the direct mail and newspaper industries; pri- waits to enact this bill. their home. vate sector business partners; employee For families that live with diabetes, the time The problem is that current law may lock in- unions and associations, and for the first time, for waiting is past; the time for enacting this dividuals into homes that they might wish to the Chief Executive Officers of the two largest law is now. My beautiful daughter, Amanda sell. Those individuals who can afford to pur- private sector competitors of the USPS, Fed- has diabetes. My colleague from Washington, chase a more expensive home can postpone eral Express, and United Parcel Service. Mr. NETHERCUTT, has a daughter with diabe- capital gains liability, while those who need to One thing became clear as we conducted tes. We know first hand about this deadly dis- move to more modest accommodations, be- our oversight functions and met with interested ease and what it means to live with diabetes. cause their economic circumstances warrant parties: that 26 years after the establishment I know that if we can help people with diabe- doing so, must pay a tax. of the United States Postal Service, postal tes better manage their disease, we will save Mr. Speaker, by passing this legislation, customers across the spectrum want to main- untold human suffering and the precious Congress will give homeowners needed relief tain a viable universal mail delivery system. To health care dollars that are used to treat it. from this inequity, and will put recognition in achieve this goal, Congress must revisit the I ask all my colleagues to cosponsor this bill the Tax Code of the special status of the legislative infrastructure of the Postal Service and urge leadership on both sides of the aisle home. I urge my colleagues to join me in sup- to assist it in meeting the changing market to agree to schedule this bill for swift action on porting the Homeowners Relief Act of 1997. conditions and advances in communications the House floor. f technology. f Maintenance of a universal postal system THE INTRODUCTION OF THE must be the cornerstone of any postal reform INTRODUCTION OF THE POSTAL REFORM ACT OF 1997 measure. I strongly believe universal service HOMEOWNERS RELIEF ACT OF 1997 at reasonable rates remains the primary mis- HON. JOHN M. McHUGH sion of the U.S. Postal Service. However, HON. SUE W. KELLY OF NEW YORK shifting mail volumes and stagnant postal rev- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES enue growth require Congress to reexamine IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 the statutory structure under which our current Tuesday, January 7, 1997 postal system now operates if we are to main- Mr. MCHUGH. Mr. Speaker, today I am re- tain this important public service mission. Mrs. KELLY. Mr. Speaker, because the introducing legislation to reform the U.S. Post- During the conduct of our oversight hear- American people are looking to us for tax re- al Service. The Postal Reform Act of 1997 is ings, the Subcommittee heard many witnesses lief, I rise on the first day of the 105th Con- substantially identical to H.R. 3717 which I in- describe means of communications that were gress to reintroduce the Homeowners Relief troduced in the 104th Congress and continues not imaginable in 1970. At that time, who Act of 1997. This initiative, which provides to represent the first comprehensive reform ef- could have foreseen the explosion of personal homeowners with relief from capital gains tax- fort involving the U.S. Postal Service since its computers, the Internet and facsimile ma- ation when they sell their home, is identical to formation in 1970. chines in our everyday lives? There has been legislation that I introduced during their 104th When I introduced this measure in the pre- a steady erosion of what used to be personal Congress. vious Congress, I intended to make clear that correspondence, protected by the postal mo- This legislation recognizes that a person's this legislation represented the first step in a nopoly, moving through the U.S. Mail that now home is something more than a simple invest- lengthy legislative process aimed at ensuring moves electronically or via carriage by a num- ment; it's a fundamental part of the American the future existence and financial viability of ber of private urgent mail carriers. E42 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 According to Reports of the General Ac- contribution to the overhead of the U.S. Postal Mr. Speaker, this bill is, indeed, far-reaching counting Office, the U.S. Postal Service con- Service. In addition, it would allow the Postal in its scope. Some have said there is no con- trolled virtually all of the Express Mail market Service freedom to experiment with new offer- sensus for reform while others have requested in the early 1970's; by 1995 its share had ings for a period of three years before requir- reform, due to the fact that the USPS has had dropped to approximately 13 percent. Simi- ing the Postal Rate Commission to perma- two years of financial success and high deliv- larly, the Postal Service is moving consider- nently place it in either the competitive or non- ery satisfaction numbers. My response is that ably fewer parcels today than 25 years ago. In competitive mail categories. this is precisely the time to consider this issue. 1971 the Postal Service handled 536 million This legislation grants significant freedom Reforms of this scope and magnitude are parcel pieces and enjoyed a 65 percent share and flexibility to the Postal Service. Con- best enacted outside an atmosphere of crisis. of the ground surface delivery market. Com- sequently, other changes are needed to reflect Our failure to consider these reforms in a pare this to 1990 when the Postal Service par- this status. I propose to attempt to level the timely manner will leave the Postal Service ill- cel volume had dropped to 122 million pieces playing field by changing the relationship be- equipped to operate in a 21st Century environ- with a resulting market share of about 6 per- tween the U.S. Postal Service and the U.S. ment. Without such action, Congress and the cent. Treasury. Several postal competitors view fi- Postal Service will ultimately face conditions Even the Postal Service's ``bread and but- nancial access to the Treasury as an unfair where thoughtful reforms and a deliberative ter'' mail, first-class financial transactions and advantage of the Postal Service, while the process will be unachievable. personal correspondence mail, is beginning to Postal Service views it as a restriction on its Mr. Speaker, my bill offers the Postal Serv- show the effect of electronic alternatives. Fi- financial flexibility. Similarly, I propose to apply ice, its customers and employeesÐand the nancial institutions are promoting computer the anti-trust laws of our nation to the Postal American peopleÐthe opportunity to equip software to consumers as a method of con- Service products offered in either the competi- one of our Nation's most valued institutions ducting their billpaying and general banking, tive mail or the experimental market test cat- with the requisite tools to remain a viable and while Internet service providers and online egories. I am also proposing that the Postal fiscally sound entity well into the next century. subscription services are offering consumers Service conduct a demonstration project that f the ability to send electronic messages to any- will provide us with the data needed to deter- one around the world or just around the cor- mine the continued necessity of providing the INTRODUCTION OF THE WORKING ner. Similarly, many of us have become ac- Postal Service with sole access to individual FAMILIES FLEXIBILITY ACT customed to the immediacy of the facsimile private mailboxes. machine. These new communication tech- Mr. Speaker, last Congress when I intro- HON. CASS BALLENGER nologies all carry correspondence that for- duced my bill I included a provision intended OF NORTH CAROLINA merly flowed through the Postal Service. to settle once and for all the nagging problem IN THE HOUSE OF REPRESENTATIVES These former sources of revenues supported of an agency's chief law enforcement officer Tuesday, January 7, 1997 a postal infrastructure dedicated to the mission and member of postal management serving as of universal service. its Inspector General by establishing an inde- Mr. BALLENGER. Mr. Speaker, I am joined This shift in postal revenues will have a pendent Inspector General for the Postal Serv- today by many of my colleagues in the intro- negative long-term effect on the financial well ice. A provision of Public Law 104±208, adopt- duction of the Working Families Flexibility Act being of the Postal Service. Should the Serv- ed in the closing days of the 104th Congress, which would allow private sector employers to ice continue to labor under the parameters es- addressed that issue by mandating the estab- provide their employees with the choice of tak- tablished by the 1970 Act, its inability to com- lishment of an independent office of the In- ing time-and-a-half compensatory time as pay- pete, develop new products and respond to spector General. The Subcommittee is mon- ment for overtime in lieu of cash wages. This changing market conditions jeopardizes its fu- itoring the progress of this office and has high legislation is family friendly and answers the ture ability to provide universal service to the expectations for this new Inspector General. call of many workers for increased flexibility diverse geographic areas of our Nation. We Also, the bill directs stringent reporting re- and choices in the workplace. must make adjustments to the Postal Reorga- quirements to the Congress and to the U.S. The Fair Labor Standards Act, which gov- nization Act of 1970 which will allow the Postal Postal Rate Commission by providing the erns wages and hours of work, was written Service more flexibility in those areas in which Commission with the ability to issue subpoe- nearly 60 years ago for a predominantly male it faces competition while assuring all postal nas, manage proprietary documentation and work force and a workplace primarily com- customers of a continued universal mail serv- procure necessary information. This legislation prised of manufacturing firms. Yet, the demo- ice with the protection of reasonable rates that places significant responsibilities on the Com- graphics today are dramatically different. Sixty can be easily calculated and predicted. My mission and, reflective of that, directs that the percent of women are employed outside of the legislation attempts to meet this goal by re- Commission will have for the first time its own home and two-earner families have become placing the zero-sum game that has driven Inspector General. increasingly common. postal ratemaking for the last 25 years with a My proposal, Mr. Speaker, also increases The Fair Labor Standards Act, however, system that reflects today's changing commu- the penalties for repeated mailings of unsolic- fails to recognize these changes and, as such, nication markets. ited sexually oriented advertising as well as restricts the ability of employers to meet the Mr. Speaker, I propose to allow the U.S. the mailing of hazardous materials and con- needs of their work force. Many employees Postal Service the opportunity to make a profit trolled substances. It protects workers on the are finding it increasingly difficult to find and remove the break-even financial mandate job by making it a felony to stalk, assault or enough time for important family obligations or of existing law that promotes the wide, yearly, rob a postal employee. Just this past month outside interests, making receiving compen- swings of postal profit and deficit and weeks we saw a letter carrier killed while on duty in satory time instead of cash overtime an attrac- of negotiations on arcane economic assump- our nation's capital and we cannot allow those tive option. Seventy-five percent of respond- tions for ratemaking purposes. that would harm or rob postal carriers to go ents in a national public opinion survey fa- I propose to divide the product offerings of without significant punishment. My proposal vored giving employees the option of receiving the Postal Service into two primary categories. addresses this serious situation by increasing time off instead of cash wages for overtime The first, the ``non-competitive mail'' category, the penalties for such acts of violence. hours worked. represents all single piece letters, cards and I stress that significant areas of current law Many employers who want to be family parcels as well as those classes of users with- remain intact. This legislation does not affect friendly find that flexible scheduling can be ex- out significant alternatives. The class will uti- the existing collective-bargaining process. tremely difficult for employees who are paid by lize a postage rate ``cap'' process by which the However, the Subcommittee recognizes that the hour and covered by the overtime provi- associated customers can easily determine serious problems exist between postal man- sions in the law. Suppose an employee has a postal rates. The second category will be the agement and labor. To address this dire situa- terminally ill parent who lives several States ``competitive mail'' category and will include tion, I propose to form a Presidentially ap- away. Days off with pay can become precious those mail classes, products and services the pointed Commission made up of non-postal for that employee when a 2-day weekend Postal Service provides through the competi- union and corporate representatives as well as does not provide enough time to travel and tive marketplace. Within the category the Post- those well known in the field of labor-manage- spend time with that parent. When that em- al Service may set its rates according to mar- ment relations. The Commission would be ployee works a few hours of overtime each ket forces subject to an annual audit provided charged with addressing these issues in detail week, he or she may prefer to be paid with to the Postal Rate Commission to assure that and provide guidance to the Congress and the time off rather than with cash wages. If the in- rates are reflective of costs while providing a Postal Service on any needed changes. dividual is employed in the public sector, then January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E43 he or she would have the choice of receiving but from all over the country of those con- While Asquith Reid has served as an electrical paid time off in lieu of cash wages for over- cerned with changing the name of this beloved engineer employed with the telephone indus- time hours worked. However, under current landmark. try, most of his time is spent as a political en- Federal law, if the individual is employed in For more than 100 years the name ``Devils gineer. He has guided campaigns for district the private sector then he or she cannot Tower'' has applied to the geologic formation 18 school board candidates; for Assemblyman choose paid time off, even if that form of com- in my State and has since appeared as such Nick Perry; Councilwoman Una Clark; and pensation is preferred. on maps in Wyoming and nationwide. The Congressman MAJOR R. OWENS. The Working Families Flexibility Act would name was given to the monument by a sci- Mr. Reid's most recent victory was the tri- allow employers to make compensatory time entific team, directed by Gen. George Custer umphant election of John Sampson for New available as an option for employees. Employ- and escorted by Col. Richard Dodge in 1875, York State Senator. Undoubtedly, Mr. Reid's ees would have the choice, through an agree- and is universally recognized as an important political engineering has yet to reach its peak. ment with the employer, to take overtime pay landmark that distinguishes the northeastern Throughout the years, Asquith Reid has in the form of paid time off. As with overtime part of Wyoming. The monument has brought worked diligently in top positions to the benefit pay, the compensatory time would accrue at a a vital tourist industry to that portion of the of his community. He currently serves as rate of time-and-a-half. State due to its unique character and struc- chairman of the New Era Democratic Club; Opponents of the Working Families Flexibil- ture. vice chair of District 17 Neighborhood Advi- ity Act have raised concerns about employees According to a July 17, 1996, release by the sory Board; board member for the Husain In- being coerced by employers into choosing U.S. Board on Geographic Names, the Na- stitute of Technology; and president of the compensatory time over cash wages. Thus, tional Park Service has advised the board that Donna Reid Memorial Education Fund. the legislation includes numerous protections several native American groups do intend to Mr. Reid was born in Hanover, Jamaica. He to ensure that employees cannot be pressured submit a proposal, if one has not already been graduated from Kingston Technical High into one choice or the other. submitted, to change the name of the monu- School and served in the U.S. Air Force from Employees could accrue up to 240 hours of ment. On September 4±6, 1996, the super- 1963 to 1967. He later graduated from Kings- compensatory time within a 12-month period. intendent of Devils Tower, Deborah Liggett, ton Technical College with a degree in elec- The legislation would require the employer to gave a presentation at the Western States Ge- trical engineering. Asquith and his wife, Dean, annually cash-out any unused, compensatory ographic Names Conference in Salt Lake City, are the proud parents of two children, Michelle time accrued by the employee. UT, giving the native American perspective. and Sharon. Employees could choose when to take ac- During a July 1, 1996, meeting with Ms. crued compensatory time, so long as its use Liggett she gave me her assurance that she Asquith Reid is a Beacon-of-Hope for does not unduly disrupt the operations of the had no intention of proposing a name change central Brooklyn and for all Americans. business (the same standard used in the pub- for the monument, and made it clear to me lic sector and under the Family and Medical that no one else was in the process of initiat- f Leave Act.) Employers would be prohibited ing a name change. The legislation that I am INTRODUCTION OF THE BREAST from requiring employees to take accrued time introducing today on behalf of the State of Wy- CANCER PATIENT PROTECTION solely at the convenience of the employer. oming will ensure that the name of the geo- ACT OF 1997 At any time, an employee could withdraw logical formation, historically known as Devils from a compensatory time agreement with Tower, remain unchanged. their employer or request a cash-out of any or It is my belief and the belief of hundreds of HON. ROSA L. DeLAURO all accrued, unused compensatory time. The people from around the region that a name OF CONNECTICUT employer would have 30 days in which to change will only bring economic hardship to IN THE HOUSE OF REPRESENTATIVES comply with the request. The legislation would the tourist industry in the area. I cannot and also require an employer to provide the em- will not stand idly by and allow that to happen. Tuesday, January 7, 1997 ployee with at least 30 days notice prior to I commend this bill to my colleagues and urge Ms. DELAURO. Mr. Speaker, I rise today to cashing out any accrued time in excess of 80 them to join me in cosponsoring it. introduce the bipartisan Breast Cancer Patient hours or prior to discontinuing a policy of offer- f Protection Act of 1997. I want to thank my col- ing compensatory time. leagues Representatives DINGELL, ROUKEMA, This legislation does not eliminate or A BEACON-OF-HOPE FOR ALL ACKERMAN, THOMAS, BARRETT, BENTSEN, change the traditional 40-hour work week. It AMERICANS: ASQUITH REID CORRINE BROWN, SHERROD BROWN, CLAYTON, simply provides employees with another option CLEMENT, CONYERS, DEFAZIO, ESHOO, EVANS, in the workplaceÐtime off instead of overtime HON. MAJOR R. OWENS FALEOMAVAEGA, FARR, FOGLIETTA, JON FOX, pay. This concept may be revolutionary to OF NEW YORK FRANK, FROST, GEJDENSON, GONZALEZ, GOR- some, but to America's workers, who are in- IN THE HOUSE OF REPRESENTATIVES DON, GREEN, HINCHEY, PATRICK KENNEDY, KEN- creasingly frustrated about coping with the de- Tuesday, January 7, 1997 NELLY, KILDEE, LAFALCE, LOWEY, MCDERMOTT, mands of work and family responsibilities, it is CAROLYN MALONEY, CARRIE MEEK, PATSY a long overdue change. Mr. OWENS. Mr. Speaker, with the 1996 MINK, JAMES MORAN, MORELLA, MURTHA, I urge my colleagues to respond to the election behind us, this Nation has completed NADLER, NORTON, OBERSTAR, OLVER, OWENS, needs of America's workers by supporting the another cycle for the ongoing democratic proc- PALLONE, PAYNE, PELOSI, QUINN, RAHALL, RIV- Working Families Flexibility Act. ess which makes America great. The electoral ERS, SANDERS, SLAUGHTER, TOWNS, and f process and the public officials selected through this process are invaluable assets in VELAZQUEZ for joining me as original cospon- KEEP THE NAME AS DEVILS our quest to promote the general welfare and sors. TOWER to guarantee the right to life, liberty, and the As an active participant in the fight for pursuit of happiness. It is important, however, health care reform, I continue to believe that HON. BARBARA CUBIN Mr. Speaker, that we also give due recognition we must reform the health care system to pro- vide quality care for all Americans. Particularly OF WYOMING to the equally valuable contribution of non- important is ensuring that women receive eq- IN THE HOUSE OF REPRESENTATIVES elected leaders throughout our Nation. The fabric of our society is generally enhanced and uitable treatment in our nation's health care Tuesday, January 7, 1997 enriched by the hard work done year after system. Mrs. CUBIN. Mr. Speaker, today I am intro- year by ordinary volunteer citizens. Especially This year, approximately 184,300 grand- ducing legislation to ensure that the name of in our inner city communities which suffer from mothers, mothers, and daughters will be diag- Devils Tower National Monument remain un- long public policy neglect, local grassroots nosed with invasive breast cancer. Another changed. I introduced this bill during the 104th leaders provide invaluable service. These are 44,300 women will die from this disease. With Congress and since that time I have received men and women who engage in activities one in every eight women developing breast numerous positive comments and support which generate hope. I salute all such heroes cancer, virtually every family in America is vul- from constituents from around the Devils and heroines as Beacons-of-Hope. nerable to this disease. That's why today I am Tower area. In fact, my office has received a Asquith Reid is one of these Beacons-of- filing a bill that sets a minimum length hospital petition with an estimated 2,000 names from Hope residing in the central Brooklyn commu- stay for patients undergoing breast cancer not only those in and around the monument nity of New York City and New York State. treatment. This bill would require a minimum E44 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 hospital stay of 48 hours for mastectomies best treatment and coverage available. And, which is intended to bring fiscal sanity back to and 24 hours for lymph node removals. we can ensure that crucial health care deci- our nation's campaign financing system. In Standard surgical treatment for breast can- sions are left in the hands of doctors, and not 1994, congressional candidates spent close to cer includes mastectomy, lymph node dissec- accountants. $725 million to be elected to the U.S. Con- tion, and lumpectomy. Over the least ten This legislation enjoys strong support from gress. This is nearly $610 million more than years, the length of hospitalization for patients the National Breast Cancer Coalition, the Na- candidates spent in 1976 and 60 percent more undergoing mastectomies has dwindled signifi- tional Association of Breast Care Organiza- than the 1990 congressional election. Cor- cantly from 4±6 to 2±3 days. In the past, pa- tions, the Y-Me National Breast Cancer Orga- poration and union Political Action Committee tients undergoing lymph node dissections gen- nization, the Families USA Foundation, the (PAC) contributions made up 27 percent of erally were hospitalized for 2±3 days. Hos- Women's Legal Defense Fund, and the Amer- this total in 1994. pitalization is essential for pain control and for ican Society of Plastic and Reconstructive While the final tally for campaign spending the management of fluid drainage from the op- Surgeons, as well as from women across the in the most recent election cycle is not yet erative site. The less tangible, but still impor- country from Wisconsin to California to New known, Common Cause, a campaign finance tant benefit of hospitalization is to provide a Hampshire. I strongly urge all of my col- reform advocacy group, has estimated that the supportive surrounding for the patient to ad- leagues to endorse this widely-supported bi- cost of the 1996 presidential and congres- dress the psychological and emotional reac- partisan effort to help ensure that American sional elections may reach nearly $2 billion. tions to having breast cancer, such as depres- women who have breast cancer receive the PAC contributions from corporations have sion, anxiety, and hostility. comprehensive and equitable health care cov- been estimated at over $150 million, while Now, under incessant pressure from man- erage they deserve. union PACs have been reported between $150 to $500 million. We cannot allow special aged care organizations to reduce costs, sur- f geons have had to perform lymph node dis- interest to buy influence in Congress. sections and even mastectomies as outpatient PROTECT OUR FLAG Mr. Speaker, the ``Clean Sweep Act'' re- surgery. Some health maintenance organiza- quires that at least half of a candidate's con- tributors come from within the district; prohibits tions [HMO's] send their patients home a few HON. JO ANN EMERSON the acceptance of Political Action Committee hours after their surgery groggy from anesthe- OF MISSOURI (PAC) money; limits a candidate's personal sia, in pain, and with drainage tubes still in IN THE HOUSE OF REPRESENTATIVES contributions to his or her own campaign to place. Others even deny women hospitaliza- Tuesday, January 7, 1997 $50,000 per election cycle; prohibits the use of tions on the day of their lymph node dissection Mrs. EMERSON. Mr. Speaker, I rise today soft money; provides free broadcasting for or mastectomy, making the surgeon choose to introduce a constitutional amendment for candidates who comply with a voluntary between giving the patient the individual care the protection of our Nation's flag. The flag is spending limit of $600,000; assesses mone- she needs or being penalized by the HMO for a revered symbol of America's great tradition tary penalties for candidates who exceed not following its guidelines. Doctors, con- of liberty and democratic government, and it spending limits; prohibits all individual foreign cerned for their patients' well-being, even find ought to be protected from acts of desecration contributions; prohibits cash contributions in themselves locked in battle with HMO's. One that diminish us all. federal elections; prohibits unsolicited franking doctor in my district had to spend over 7 As you know, there have been several at- within 90 days of a primary or general elec- hoursÐnot in surgery treating women for tempts to outlaw by statute the desecration of tion; and requires Congress to evaluate the ef- breast cancerÐbut rather making phone calls the flag. Both Congress and State legislatures fects of campaign finance reform within 3 pleading with HMO staff members to get a have passed such measures in recent years, months of the first full election cycle after en- mastectomy patient admitted to the hospital only to be overruled later by decisions of the actment of this bill. for 24 hours. Supreme Court. It is clear that nothing short of The greatest deliberating body in the world The guidelines that many managed care an amendment to the Constitution will ensure belongs to the American people, not corporate companies are using today are written by a that Old Glory has the complete and unquali- or union bosses in Washington, D.C. It is our single actuarial consulting firm. And, while a fied protection of the law. civic duty as elected officials, who are respon- few physicians are employed by this company, The most common objection to this kind of sible to the American people, to send a clear none are actively performing breast cancer amendment is that it unduly infringes on the message to special interest groups that we will surgery. These guidelines are designed to fit freedom of speech. However, this objection not be bought. We must restore integrity and the ideal breast cancer surgery patient that is disregards the fact that our freedoms are not honesty to a system that has contributed to in- placed in the most optimal situation. However, creased cynicism of government and historic practiced beyond the bounds of common both the American College of Surgeons and low voter turnout. sense and reason. As is often the case, there the American Medical Association believe that Mr. Speaker, I am proud to stand before are reasonable exceptions to the freedom of most patients can not satisfy these guidelines you today to say that in my 22 years of serv- speech, such as libel, obscenity, trademarks, and will require a longer length of stay. Today, ice in the United States House of Representa- and the like. Desecration of the flag is this HMO's base their coverage on the rec- tives, I have not taken a single penny of PAC kind of act, something that goes well beyond ommendations of health care actuaries, not on money. The people of the 19th District of the legitimate exercising of a right. It is a whol- those of surgeons who care for patients day in Pennsylvania have awarded me the oppor- ly disgraceful and unacceptable form of be- and day out. And the guidelines they use to tunity to represent them for over two decades havior, an affront to the proud heritage and do it are based on the bottom line, not on because I put their interests ahead of special tradition of America. interest. My standing here today is proof that medically established standards of care. Make no mistake, this constitutional amend- That is simply unacceptable. Accepted prac- big money is not a prerequisite to holding a ment should be at the very top of the agenda tice has shown that victims of breast cancer seat in Congress. of this Congress. We owe it to every citizen of need to remain in the hospital at least 48 Mr. Speaker, reform of our campaign fi- this country, and particularly to those brave hours after a mastectomy and 24 hours after nance system is sorely needed. I urge my col- men and women who have stood in harm's a lymph node dissection. This legislation leagues to cosponsor this legislation which will way so that the flag and what it stands for would ensure that women with breast cancer reduce the cost of campaign financing and re- might endure. I urge this body to take a strong receive the medical attention they need and store faith in the federal election process. stand for what is right and ensure the protec- deserve. My bill ensures that health plans f tion of our flag. which provide medical and surgical benefits f STATEMENT OF CONGRESSMAN for the treatment of breast cancer provide a CHARLES B. RANGEL, RONALD minimum length of hospital stay of 48 hours INTRODUCTION OF CLEAN SWEEP BROWN BUILDING, DESIGNATION for patients undergoing mastectomies and 24 ACT OF 1997 BILL hours for those undergoing lymph node re- movals. Under this bill, physicians and pa- HON. WILLIAM F. GOODLING HON. CHARLES B. RANGEL tients, not insurance companies, can deter- OF PENNSYLVANIA OF NEW YORK mine if a shorter period of hospital stay is ap- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES propriate. Beginning on the first day of the 105th Con- Tuesday, January 7, 1997 Tuesday, January 7, 1997 gress, with this bipartisan bill, we can ensure Mr. GOODLING. Mr. Speaker, today I am Mr. RANGEL. Mr. Speaker, I am pleased to that women with breast cancer receive the introducing the ``Clean Sweep Act of 1997'' introduce legislation designating the Federal January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E45 building located at 290 Broadway in New tries and pay no tax. Clearly the opportunity class Americans. This legislation provides a York, NY, as the Ronald H. Brown Federal for abuse is enormous. lifetime capital gains bank of $200,000. Any Building. The American people are the most gener- taxpayer throughout the person's lifetime Ronald H. Brown, the first African-American ous people in the world. My bill will ensure would have a capital gains bank of $200,000. Secretary of Commerce, was an extraordinary that this generosity is not abused and profit- Under this legislation, a taxpayer could ex- statesman whose force, competence and able business activity is not diverting taxable clude up to 50 percent of the gain on the sale sheer commitment forged new ground for U.S. revenue through manipulating charitable ex- of a capital asset, up to the limit in the maxi- commerce. The ultimate sacrifice of his life in emptions. mum tax rate of 19.8 percent. exceptional service to his country is further f The benefit of lifetime capital gains tax bank testimony to his leadership and passion for would phase out as a taxpayer's income in- economic development and opportunity at 220TH ANNIVERSARY OF THE creases above $200,000. Under this legisla- home and abroad. FOUNDING OF THE U.S. CALVARY tion individuals who sold stocks saved for re- Ronald H. Brown loved this country and rep- tirement or a second home, or elderly individ- resented the best that America has to offer. he HON. BARBARA B. KENNELLY uals, who have a large gain in the sale of their was a compassionate advocate for civil rights; OF CONNECTICUT principal residence, would benefit. The pro- a bridge builder mending the divisions of race, IN THE HOUSE OF REPRESENTATIVES posal includes a 3-year holding period for the religion and cultures; a mentor developing capital asset. Short-term stock speculators Tuesday, January 7, 1997 young talent and extending the ladder of op- would not be able to qualify for the benefit. portunity to a new generation of leaders; and, Mrs. KENNELLY. Mr. Speaker, I rise to rec- In addition, the bill allows taxpayers to index indeed an extraordinary public servant and ognize the 220th anniversary of the U.S. Cal- the cost of real estate for inflation. An inflation- leader. vary, celebrated last December. induced gain is not a capital gain and should His life was one marked by an outstanding On December 16, 1776, in the town of not be subject to tax. record of accomplishment and service to Wethersfield, CT, Revolutionary troops were Lately, there has been much said about the America. He served as Army Captain; Vice organized as the 1st Calvary Regiment in the necessity and benefits of a capital gain tax President of the National Urban League; Chief Continental Army under orders of the First cut. A capital gains tax cut is a valid measure, Counsel to the Senate Judiciary Committee; a Continental Congress. Today, the town of but a capital gains tax needs to be economi- distinguished attorney; Chairman of the Demo- Wethersfield, located in the First Congres- cally feasible and to benefit the middle-class. cratic National Committee; a trusted advisor to sional District, is proud to be honored as the A capital gains tax cut needs to be respon- the President of the United States; a husband; birthplace of the U.S. Calvary. sible. I believe the Middle Income Tax Relief a father; and, a friend. Recognized by the U.S. Army's Center of Act of 1997 provides an appropriate capital The designation of this building, home to Military History, Sheldon's Horse, 2d Continen- gains tax cut. Federal agencies and site of the recently dis- tal Light Dragoons, were organized in Mr. Speaker, I insert a summary for the covered African-American slave burial ground, Wethersfield. This was the first dragoon regi- RECORD. would honor Ron Brown's service and mem- ment to be organized directly into the Con- SUMMARY OF MIDDLE INCOME TAX RELIEF ACT ory. This designation would serve as an inspi- tinental Army. Training grounds for this regi- OF 1997 ration and reminder to all Americans of Ron ment were erected by a Wethersfield resident, Individuals would have a lifetime capital Brown's contributions and the noble cause for Capt. Benjamin Tallmadge. This regiment gains ‘‘bank.’’ which he sacrificed his life. made several key contributions in the Revolu- Bank limit would be $200,000 per person. tionary War effort by participating in combat in All individuals would be entitled to the f $200,000 bank: for example each spouse of a northern New Jersey and at the defense of married couple would have a separate limit. INTRODUCTION OF THE TAX Philadelphia. Any individual who sold a qualified asset EXEMPTION ACCOUNTABILITY ACT The U.S. Calvary that had its origins in could exclude up to 50 percent of the gain on Wethersfield continued to serve our Nation the sale, up to the $200,000 limit. HON. ROBERT MENENDEZ long after the war ended, fighting epic battles Qualified assets would include all capital assets under the present law, except collect- OF NEW JERSEY at Brandy Station during the Civil War and the ibles. IN THE HOUSE OF REPRESENTATIVES Punity Expedition before World War I. Under the bill, the maximum tax rate on The founding of the U.S. Calvary is just one Tuesday, January 7, 1997 capital gains income would be 19.8 percent example of the important role that the town of (i.e. 1⁄2 of the maximum 39.6 percent rate). Mr. MENENDEZ. Mr. Speaker, today, I am Wethersfield has played in securing and pre- The full benefit would not be available in introducing the Tax Exemption Accountability serving America's independence. From the any year that a taxpayer had adjusted gross Act to stop self-dealing by the managers of tax historic Webb House, where Gen. George income in excess of $200,000. exempt organizations and put teeth into the Washington met with Comte de Rochambeau In the case of a sale or exchange of real requirement that they file accurate annual re- to discuss strategies for the Battle of York- property, taxpayers would be able to index turns with the IRS and make them available to their basis in the asset to the rate of infla- town, to the modern development of the Silas tion. Thus, no tax on inflation-induced gains. the public. It creates a national clearinghouse Deane Highway, the quaintness of Example: taxpayer buys a house for $100,000 offering copies of returns for a reasonable fee. Wethersfield is intermingled with the heroic and sells it 9 years later for $200,000. Infla- The bill also caps the compensation of officers greatness represented by the U.S. Calvary. tion was 5 percent per year over the 9-year and directors at the level of U.S. cabinet mem- The U.S. Calvary, historically headquartered period. Basis for measuring gain is $145,000 so bers. Churches would continue to be exempt in Fort Riley, KS, will be forever linked with gain is $55,000. from filing IRS returns and from caps on pas- Wethersfield and the First Congressional Dis- A three year holding period would apply so tors' salaries and hospitals could still pay high- that the deduction would not be available to trict. I applaud the efforts of the friends and any taxpayer who held the asset for less than cost professionals. residents of the town of Wethersfield who 3 years. Given the current events, we need greater have brought this significant part of American f accountability by tax exempt organizations be- history the recognition it greatly deserves. cause they control substantial public wealth f CONGRATULATIONS TO MR. and offer temptation that some have been un- ALEJANDRO AQUIRRE able to resist manipulating. The share of na- INTRODUCTION OF CAPITAL GAINS tional revenues going to tax exempts has TAX PROPOSAL HON. ILEANA ROS-LEHTINEN nearly doubled in the past 15 years, growing OF FLORIDA to 8 percent per year in constant dollars. The HON. RICHARD E. NEAL IN THE HOUSE OF REPRESENTATIVES IRS reports that revenues of tax exempts rose OF MASSACHUSETTS Tuesday, January 7, 1997 from 5.9 percent to 10.4 percent of the U.S. IN THE HOUSE OF REPRESENTATIVES gross domestic product from 1975 to 1990. Ms. ROS-LEHTINEN. Mr. Speaker, I want to Those revenues totaled $578 billion in 1990. Tuesday, January 7, 1997 extend my congratulations to Mr. Alejandro This contrasts with taxable revenues from Mr. NEAL of Massachusetts. Mr. Speaker, Aguirre, deputy editor and publisher of Diario service industries which had receipts of today I am introducing legislation, the Middle Las Americas, on his being named as chair- $1,174 billion. Tax exempts equal more than Class Income Tax Relief Act of 1997, which man of the Metro-Dade Cultural Affairs Coun- half of the revenue of all service sector indus- provides a capital gains tax cut for working cil. E46 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 In this position he will have the opportunity tion which will help us improve the quality and CAMPAIGN AND LOBBYING to expand support for this entire range of infrastructure of our National Forests. REFORMS IN FIRST 100 DAYS south Florida's cultural life. As in so many communities, the council faces the task of pro- f HON. MARCY KAPTUR viding first rate art and entertainment at prices OF OHIO TRIBUTE TO NEW YORK SPEAKER that allow the broadest rage of the community IN THE HOUSE OF REPRESENTATIVES to share in the experience. SHELDON SILVER In his new role, Mr. Aguirre will have the op- Tuesday, January 7, 1997 portunity to inject into the arts community the Ms. KAPTUR. Mr. Speaker, we must dedi- same energy and enthusiasm he has brought HON. CAROLYN B. MALONEY cate our efforts within the first 100 days of the to Diarro Las Americas and his other civic in- 105th Congress to passing comprehensive OF NEW YORK volvements. Those other involvements range campaign finance and foreign lobbying reform from the Red Cross and Florida International IN THE HOUSE OF REPRESENTATIVES legislation. University to defense of press freedoms as a The events of the last election, with the Tuesday, January 7, 1997 leader in the Inter American Press Association worsening situation of foreign influence and which represents 1,400 newspapers through- Mrs. MALONEY of New York. Mr. Speaker, the continuing flood of campaign contributions out this hemisphere. today the 105th Congress begins. While there and expenditures, compel us to act. Now is It is difficult to overstate the importance of is much talk swirling in the Capitol Hill air the time. art and culture to the enjoyment of life. As about the Speaker, I want to rise and pay trib- Just as in past Congresses, I am once Cuban poet and patriot, Jose Marti, said, ute to my Speaker, New York Speaker Shel- again introducing legislation calling for a con- ``beauty is a natural right * * * where it ap- don Silver. stitutional amendment authorizing Congress pears, light, strength and happiness arise.'' and the States to set reasonable expenditure We are all too aware of the problems that On Sunday, January 5, 1997, Speaker Sil- limits for elections to Federal and State office. mark urban life. But one of the joys of an area ver received a well-deserved award at the sil- It is simply wrong to equate campaign money like south Florida is the broad and diverse cul- ver anniversary of one of New York City's out- with free speech. The only way to limit the ex- tural life that it can support. standing community groups, the United Jewish orbitant levels of money being spent on cam- Again, congratulations to Mr. Alejandro Council of the east side. I am proud to rep- paigns is through a constitutional amendment. Aguirre on his new responsibilities and best resent the diverse and vibrant neighborhood of In addition, I'm proposing once again legis- wishes for a successful and satisfying tenure. the lower east side, and prouder still of the lation to stop foreign contributions and influ- f magnificent contributions made to the commu- ence, as was witnessed in the closing weeks nity by the UJC. The UJC currently admin- of the elections. My bill creates a clearing- INTRODUCTION OF THE FOREST isters a variety of social services to over house of political activities information within FOUNDATION CONSERVATION ACT 16,000 residents. From senior centers, to the F.E.C. housing, to nutrition programs, to immigrant Finally, we must end the revolving door be- HON. RICHARD H. BAKER assistance, the UJC's contributions to the tween Government service and lobbying for OF LOUISIANA quality of life in our city are without limit. foreign interests. My ``Foreign Agents Compul- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, space prohibits me from con- sory Ethics in Trade Act'' measure will impose Tuesday, January 7, 1997 gratulating the entire leadership of the UJC, a lifetime ban on high-level Government offi- but I want to commend Rabbi Yitzchok Singer, cials from representing, aiding or advising for- Mr. BAKER. Mr. Speaker, today, I have in- Heshy Jacob, David Weinberger, Joel Kaplan, eign governments and foreign political parties. troduced the Forest Foundation Conservation and Judy and Willie Rapfogel for all that they The act also imposes a 5-year prohibition on Act. have done for this special neighborhood. representing, aiding or advising foreign inter- The Forest Foundation Conservation Act will estsÐincluding commercial interestsÐbefore amend the National Forest Foundation Act to The lower east side simply would not be the the Government of the United States. extend and increase the matching funds au- same without Sheldon Silver. Born, raised, Mr. Speaker, we should make it our goal to thorized for the National Forest Foundation and educated in the neighborhood, Shelly adopt these reforms within the first 100 days and to permit the National Forest Foundation graduated from Yeshiva University and Brook- of the 105th Congress. to license the use of trademarks, tradenames, lyn Law School. In 1976, Shelly began his f and other such devices to identify that a per- stellar career in public service when he was son is an official sponsor or supporter of the elected to the assembly. After serving in the THE MANAGED CARE CONSUMER U.S. Forest Service or the National Forest prestigious leadership posts of chairman of the PROTECTION ACT OF 1997 System. election law and then the ways and means Our Nation has been blessed with a national committees, Shelly ascended to the Speaker- HON. FORTNEY PETE STARK treasureÐAmerica's national forest lands. A ship in 1994, where he now sits as the most OF CALIFORNIA influential Democrat in the State of New York. growing population, increasing demands on IN THE HOUSE OF REPRESENTATIVES forests and related resources, and more com- Sheldon Silver's tenure as Speaker has Tuesday, January 7, 1997 petition for uses and benefits are placing great been marked by extraordinary success. He stress on our forest lands and the U.S. Forest has made his mark on criminal justice, wel- Mr. STARK. Mr. Speaker, along with Mr. Service. fare, and education issues, and has remained JOHN LEWIS, Mr. GEJDENSON, Mr. SERRANO, Now, more than ever, America's forest lands a powerful and articulate advocate for New Mr. SANDERS, and Mr. FILNER, I am pleased to and the individuals who work so diligently to York's working and middle class families. introduce ``The Managed Care Consumer Pro- manage these forest lands need support from tection Act of 1997,'' a bill that will provide people who care. The National Forest Founda- It has been an extraordinary honor for me to critically needed consumer protections to mil- tion, a citizen-directed, nonprofit organization, serve side by side with Speaker Silver, rep- lions of Americans in managed care health was created to coordinate the needed support. resenting the lower east side community. plans. The Forest Foundation Conservation Act will Shelly is a man of principle and honor. His Health care consumers who entrust their allow the National Forest Foundation to de- ethical and moral world view is shaped by his lives to managed care plans have consistently velop innovative public-private partnerships so deep religious convictions, but he is also a found that many plans are more interested in that America's pristine forest land and its re- friend to New Yorkers of every race, religion, profits than in providing appropriate care. In sources will be conserved for future genera- and ethnic background. If I could borrow one the process of containing costs patients are tions. word from Shelly's own Yiddish vocabulary, I often harmed. My constituent mail has been I believe that it is the responsibility of each would have to summarize his many attributes full of horror stories explaining the abuses that citizen to help conserve our Nation's re- by calling him a ``mensch.'' occur at the hands of HMOs and other forms sources and provide organizations like the Na- Mr. Speaker, as Congress beings a new of managed care. tional Forest Foundation with the resources it session, I ask all of my colleagues to join me For example, David Ching of Fremont, Cali- needs to help maintain America's forest lands in paying tribute to one of our Nation's out- fornia had a positive experience in a Kaiser for generations to come. I hope that my col- standing public officials, my Speaker, the Hon- Permanente plan and then joined an employer leagues will join me in supporting this legisla- orable Sheldon Silver. sponsored HMO expecting similar service. He January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E47 soon learned that some plans would rather let now it's time for federal legislation to finish the terests than on patients' needs. It is irrespon- patients die than authorize appropriate treat- job and provide consumer protections to all sible to do anything less. ment. His wife developed colon cancer, but Americans in managed care. Following is a summary of the consumer went undiagnosed for 3 months after the first The bill I offer today is a revision of earlier protections provided for in this bill. symptoms. Her physician refused to make the bills, H.R. 1707 and H.R. 4220, the Medicare ‘‘MANAGED CARE CONSUMER PROTECTION ACT appropriate specialist referral because of fi- Consumer Protection Act of 1995 and 1996 OF 1997’’ nancial incentives and could not discuss prop- respectively. This legislation includes a com- SUMMARY er treatment because of the health plan's pol- prehensive set of protections that will force I. MANAGED CARE ENROLLEE PROTEC- icy. Mrs. Ching is now dead. managed care plans to be accountable to all TIONS—APPLIES TO MEDICARE MAN- In a similar case, Jennifer Pruitt of Oakland of their patients and to provide the standard of AGED CARE AS WELL AS PRIVATE wrote to me about her father who also had care they deserve. PLANS cancer. He went to his gatekeeper primary This legislation includes measures to protect A. Utilization Review patients from the abuses of managed care on 1. Any utilization review program that at- care physician numerous times with pain in his tempts to regulate coverage or payment for jaw. The doctor, who later admitted that she several fronts. services must first be accredited by the Sec- had never treated a cancer patient, refused to My bill will put an end to pre-authorization of retary of Health and Human Services or an refer Mr. Pruitt to a specialist. Eventually, after emergency medical care. Patients will not be independent, non-profit accreditation entity; months of pain, a dentist sent Mr. Pruitt to a denied coverage for care provided in emer- 2. Plans would be required to provide en- specialist outside of the HMO network. The gency rooms. Current denials create obstacles rollees and physicians with a written de- cancer was finally diagnosed, but it had for HMO patients and leave them with thou- scription of utilization review policies, clini- sands of dollars in medical bills. According to cal review criteria, and the process used to spread too rapidly during the months that the review medical services under the program; health plan delayed. Mr. Pruitt died from a HCFA, 40% of claim disputes between Medi- care beneficiaries and participating Medicare 3. Organizations must periodically review cancer that is very treatable if detected early. utilization review policies to guarantee con- These tragedies and others like them might HMOs involve emergency services. This bill sistency and compliance with current medi- have been avoided if the patients had known establishes the prudent layperson definition of cal standards and protocols; about the financial incentives not to treat, or if an emergency, so a reasonable layperson can 4. Individuals performing utilization re- the physicians had not been gagged from dis- anticipate claims that would be covered versus view could not receive financial compensa- cussing treatment options, or if there had been those that would be denied. It also prohibits tion based upon the number of certification plans from denying coverage for 911 emer- denials made; legislation forcing health plans to provide time- 5. Negative determinations about the medi- ly grievance procedures and timely access to gencies. My bill includes provisions which will bring cal necessity or appropriateness of services care. It's too late for these victims, but it is not or the site of services would be required to be too late to provide these protections for the utilization review back to its intended function, made by clinically-qualified personnel of the millions of people in managed care today. ensuring that patients receive all medically same branch of medicine or specialty as the Consumer protections in managed care necessary and appropriate care without over- recommending physician; must be developed. Such unfavorable out- using services. Utilization review boards will B. Assurance of Access comes are not isolated events. They are wide- be standardized through accreditation by the 1. Plans must have a sufficient number, distribution and variety of qualified health spread enough for industry studies to have Secretary of Health and Human Services. These review programs must update policies care providers to ensure that all enrollees noted a trend. Empirical evidence shows that may receive all covered services, including restrictive practices pose special risks for peo- to ensure consistency and compliance with specialty services, on a timely basis (includ- ple with chronic illnesses and poor health, and medical standards and treatment protocols. ing rural areas); that primary care physicians in HMOs are less This legislation also establishes, for the first 2. Patients with chronic health conditions likely to diagnose or treat patients with depres- time, an ``Office of Medicare Advocacy'' whose must be provided with a continuity of care sive disorders appropriately. Another study sole function is to act on behalf of Medicare and access to appropriate specialists; concluded that the successes of prepaid care beneficiaries. The bill establishes a ``1±800'' 3. Plans would be prohibited from requiring enrollees to obtain a physician referral for in relatively healthy populations are unlikely to number to facilitate better communication be- tween the Health Care Financing Administra- obstetric and gynecological services. be replicated among sicker patients. All this 4. Plans would demonstrate that enrollees evidence indicates that managed care is not tion and the beneficiary. The office would de- with chronic diseases or who otherwise re- doing its job as well as it should. Those who velop a number of outreach programs to help quire specialized services would have access are ill and most need health care are not get- inform Medicare beneficiaries concerning the to designated Centers of Excellence; ting it. Medicare program. Additionally, the office C. Access to Emergency Care Services A few years ago, Congress recognized a would have the authority to hear appeals in 1. Plans would be required to cover emer- crisis in the health care industry. Expenditures cases of an emergency or a life threatening gency services provided by designated trau- ma centers; were soaring and overutilization was the rule. event. Recent testimony by the ``Physician Pay- 2. Plans could not require pre-authoriza- At that time, I chose to address this problem tion for emergency medical care; with laws that prohibited physicians from mak- ment Review Commission (PPRC)'' empha- 3. A definition of emergency medical condi- ing unnecessary referrals to health organiza- sized the need for increased information and tion based upon a prudent layperson defini- tions or services that they owned. appeals processes. Describing a recent survey tion would be established to protect enroll- Others responded by pushing Americans of Medicare beneficiaries done by PPRC, the ees from retrospective denials of legitimate into new managed care plans that switched testimony reported: claims for payment for out-of-plan services; A significant percentage of these (Medi- 4. Plans could not deny any claim for an the financial incentives from a system that enrollee using the ‘‘911’’ system to summon overserves to a system that underserves. care) enrollees who sought additional infor- mation about their plan had problems get- emergency care. They got what they asked for. The current ting their questions answered. Also, a third D. Due Process Protections for Providers system rewards the most irresponsible plans of enrollees said they did not know they had 1. Descriptive information regarding the with huge profits, outrageous executive sala- the right to appeal a plan’s decision not to plan standards for contracting with partici- ries, and a license to escape accountability. provide or pay for a service. Our study sug- pating providers would be required to be dis- Unfortunately, patients are dying unnecessarily gests that plans may need to take additional closed; steps to inform consumers in these areas. 2. Notification to a participating provider in the wake of this health care delivery revolu- of a decision to terminate or not to renew a tion. It must stop. The Office of Medicare Advocacy will do contract would be required to include rea- Several states have already addressed the much to better inform Medicare beneficiaries, sons for termination or non-renewal. Such managed care crisis. In 1996, more than to advise beneficiaries of their rights and to fa- notification would be required not later than 1,000 pieces of managed care legislation cilitate comparative information concerning 45 days before the decision would take effect, flooded state legislatures. As a result, HMO Medicare Managed Care plans. unless the failure to terminate the contract regulations were passed in 33 states address- In the United States Congress, we have the would adversely affect the health or safety of ing issues like coverage of emergency serv- ability to put an end to abuse in managed care a patient; ices, utilization review, post-delivery care and and guarantee that Americans who choose 3. Plans would have to provide a mecha- nism for appeals of termination or non-re- information disclosure. Unfortunately, many managed care get the care for which they pay. newal decisions. states did not pass these needed safeguards We also have a responsibility to ensure that E. Grievance procedures and deadlines for resulting in a piecemeal web of protections Americans are protected from companies who responding to requests for coverage of serv- that lacks continuity. The states have spoken; place more emphasis on their own financial in- ices. E48 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 1. Plans would have to establish written the attending provider, in consultation with 1. If plan submits information relating to procedures for responding to complaints and the mother, orders the discharge and ar- the quality of services provided that is mate- grievances in a timely manner; rangements are made for follow-up post de- rial and false, the Secretary shall exclude 2. Patients will have a right to a review by livery care. the plan from continuing to qualify for Medi- a grievance panel and a second review by an II. AMENDMENTS TO THE MEDICARE care and Medicaid payments. independent panel in cases where the plan PROGRAM, MEDICARE SELECT AND MED- III. AMENDMENTS TO THE MEDICAID decision negatively impacts their health ICARE SUPPLEMENTAL INSURANCE PROGRAM services; REGULATIONS. A. Orientation and Immunization Require- 3. Plans must have expedited processes for A. Orientation and Medical Profile Re- ments review in emergency cases. quirements 1. When a Medicaid beneficiary enrolls in a F. Non-discrimination and service area re- 1. When a Medicare beneficiary enrolls in a Medicaid HMO, the HMO must provide an quirements Medicare HMO, the HMO must provide an orientation to their managed care system be- 1. In general, the service area of a plan orientation to their managed care system be- fore Medicaid payment to the HMO may serving an urban area would be an entire fore Medicare payment to the HMO may begin; Metropolitan Statistical Area (MSA). This begin; 2. Medicaid HMOs must perform an intro- requirement could be waived only if the 2. Medicare HMOs must perform an intro- ductory medical profile as defined by the plan’s proposed service area boundaries do ductory medical profile as defined by the Secretary on every new enrollee before pay- not result in favorable risk selection. Secretary on every new enrollee before pay- ment to the HMO may begin. 2. The Secretary could require some plans ment to the HMO may begin. 3. When children under the age of 18 are en- to contract with Federally-qualified health B. Requirements for Medicare Supple- rolled in a Medicaid HMO, the immunization centers (FQHCs), rural health clinics, mi- mental policies (MediGap) status of the child must be determined and grant health centers, or other essential com- 1. All MediGap policies would be required the proper immunization schedule begun be- munity providers located in the service area to be community rated; fore payment to the HMO is made. if the Secretary determined that such con- 2. MediGap plans would be required to par- f tracts are needed in order to provide reason- ticipate in coordinated open enrollment; able access to enrollees throughout the serv- 3. The loss ratio requirement for all plans A BEACON-OF-HOPE FOR ALL ice area. would be increased to 85 percent. AMERICANS: CHRISTINE 3. Plans could not discriminate in any ac- C. Standards for Medicare Select policies 1. Secretary would establish standards for MCFADDEN tivity (including enrollment) against an in- Medicare Select in regulations. To the ex- dividual on the basis of race, national origin, tent practical, the standards would be the gender, language, socioeconomic status, age, HON. MAJOR R. OWENS same as the standards developed by the NAIC disability, health status, or anticipated need OF NEW YORK for Medicare Select Plans. Any additional for health services. IN THE HOUSE OF REPRESENTATIVES G. Disclosure of plan information standards would be developed in consultation 1. Plans would provide to both prospective with the NAIC. Tuesday, January 7 , 1997 2. Medicare Select Plans would generally and current enrollees information concern- be required to meet the same requirements Mr. OWENS. Mr. Speaker, with the 1996 ing; Credentials of health service providers; in effect for Medicare risk contractors under election behind us, this Nation has completed Coverage provisions and benefits including section 1876. Community Rating, Prior ap- another cycle for the ongoing democratic proc- premiums, deductibles, and copayments; proval of marketing materials, Intermediate ess which makes America great. The electoral Loss ratios explaining the percentage of pre- sanctions and civil money penalties. miums spent on health services; Prior au- process and the public officials selected 3. If the Secretary has determined that a thorization requirements and other service through this process are invaluable assets in State has an effective program to enforce the review procedures; Covered individual satis- our quest to promote the general welfare and standards for Medicare Select plans estab- faction statistics; Advance directives and to guarantee the right to life, liberty, and the lished by the Secretary, the State would cer- organ donation information; Descriptions of tify Medicare Select plans. pursuit of happiness. It is important, however, financial arrangements and contractual pro- 4. Fee-for-service Medicare Select plans Mr. Speaker, that we also give due recognition visions with hospitals, utilization review or- would offer either the MediGap ‘‘E’’ plan to the equally valuable contribution of non- ganizations, physicians, or any other health with payment for extra billing added or the elected leaders throughout our Nation. The care service providers; Quality indicators in- MediGap ‘‘J’’ plan. fabric of our society is generally enhanced and cluding immunization rates and health out- 5. If an HMO or competitive medical plan comes statistics adjusted for case mix; An enriched by the hard work done year after (CMP) as defined under section 1876 offers year by ordinary citizens. Especially in our explanation of the appeals process; Salaries Medicare Select, then the benefits would be and other compensation of key executives in required to be offered under the same rules inner city communities which suffer from long the organization; Physician ownership and as set forth in the MediGap provisions above. public policy neglect, local grassroots leaders investment structure of the plan; A descrip- D. Arrangements with out-of-area dialysis provide invaluable service. These are men tion of lawsuits filed against the organiza- services. and women who engage in activities which tion; Plans must provide each enrollee annu- E. Coordinated open enrollment generate hope. I salute all such heroes and ally with a disclosure statement regarding 1. The Secretary would conduct an annual heroines as Beacons-of-Hope. whether the plan restricts the plans mal- open enrollment period during which Medi- practice liability in relation to liability of care beneficiaries could enroll in any Christine McFadden is one of these Bea- physicians operating under the plan. MediGap plan, Medicare Select, or an HMO cons-of-Hope residing in the central Brooklyn 2. Information would be disclosed in a contracting with Medicare. Each plan would community of New York City and New York standardized format specified by the Sec- be required to participate. State. Ms. McFadden currently serves as the retary so that enrollees could compare the F. Comparative Information program director for Renaissance Develop- attributes of all plans within a coverage 1. The Secretary must provide on an an- ment Corporation, a nonprofit social service area. nual basis for publication and use on the agency whose focus is to help enhance the H. Protection of physician-patient commu- internet information in comparative form nications and standard format describing the policies quality of life in the Brownsville community by 1. Plans could not use any contractual offered, benefits and costs, disenrollment providing a variety of services for the young agreements, written statements, or oral and complaint rates, and summaries of the and elderly. communication to prohibit, restrict or inter- results of site monitoring visits. In addition to her work, Ms. McFadden's fere with any medical communication be- G. Office of Medicare Advocacy church is very special to her. She has often tween physicians, patients, plans or state or 1. Establishes Office of Medicare Advocacy stated that her church allows her to serve God federal authorities. within the Health Care Financing Adminis- and mankind. As a member of the Macedonia I. Patient access to clinical studies tration. The purpose of the office is to act on 1. Plans may not deny or limit coverage of behalf of Medicare recipients, especially to Church, Christine McFadden has served on services furnished to an enrollee because the address complaints and concerns. A toll free the board of trustees; mother's board; mission- enrollee is participating in an approved clin- telephone number would be established to fa- ary board; senior choir; and is currently sec- ical study if the services would otherwise cilitate communication. Additional outreach retary of the building fund. have been covered outside of the study. programs such as town meetings would be Ms. McFadden's deep love and affection are J. Minimum Childbirth benefits developed and an internet site would be es- evident in her tireless contributions to the Girl 1. Insurers or plans that cover childbirth tablished for posting information. Scouts of America. This year will mark her benefits must provide for a minimum inpa- 2. The office would have authority to pro- 39th year as a scout leader. Additionally, Ms. tient stay of 48 hours following vaginal deliv- vide for an expedited review and resolution ery and 96 hours following a cesarean sec- of complaints under emergency cir- McFadden currently serves as the correspond- tion. cumstances as described in the bill. ence secretary for the Brownsville Tenant 2. The mother and child could be dis- H. Exclusion from Medicare and Medicaid Council and is a member of the advisory charged earlier than the proposed limits if Program board for Bay Center. She has also served on January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E49 the auxiliary police; block watchers for the 73d Council, farmland that sold for $500 an acre in that some environmental remediation costs precinct; and tenant patrol. In recognition of the 1960's is selling for $10,000 to $15,000 an are treated as a business expense, but others her commitment, Christine McFadden is also acre today. The tax costs of passing along are treated as capital expenditures, depending the recipient of numerous community and such expensive acreage to the next genera- on the facts and circumstances of each case. church awards and citations. tion, coupled with the pressure for develop- The administration in its brownfields initia- Christine McFadden was born in Fuquay ment in many areas, is a major reason for the tive has proposed to allow an immediate de- Springs, NC and at the age of 14 moved to disappearance of open spaces. We learned duction for cleaning up certain hazardous sub- Brooklyn, NY where she completed her edu- more about proposals to build on or expand stances in high-poverty areas, existing EPA cation. After marrying James McFadden, they current empowerment zones and enterprise brownfields pilot areas, and Federal moved to the Brownsville housing complex communities. empowerment zones and enterprise commu- where they raised two daughters. In recent Congresses, several of our col- nities. This is commendable, as far as it goes, Christine McFadden is a Beacon-of-Hope leagues introduced important legislation ad- but there is a disturbing trend in urban policy for central Brooklyn and for all Americans. dressing these issues. The gentleman from to pick and choose among cities. If expensing f Florida [Mr. SHAW] and the gentleman from environmental remediation costs is good tax New York [Mr. RANGEL] introduced a bill pro- policy and good urban policy, and I believe COMMUNITY AND GREEN SPACE viding for more realistic cost recovery for im- that it is, then it should apply in all commu- CONSERVATION provements to commercial buildings. The gen- nities. My bill would apply this policy to all tleman from Florida and my colleague from property wherever located, and would expand HON. NANCY L. JOHNSON Connecticut [Mrs. KENNELLY] introduced a bill the list of hazardous substances to include po- OF CONNECTICUT to provide a tax credit for qualified rehabilita- tentially hazardous materials such as asbes- IN THE HOUSE OF REPRESENTATIVES tion expenditures of historic properties used as tos, lead paint, petroleum products, and radon. This would remove a disincentive in current Tuesday, January 7, 1997 owner-occupied homes. Our colleague from Missouri [Mr. TALENT] and our colleague from law to reinvestment in our cities and buildings. Mrs. JOHNSON of Connecticut. Mr. Speak- Oklahoma [Mr. WATTS] introduced the Amer- Another proposal would address the blight er, it is no secret that some of the Nation's ican Community Renewal Act, which would of the many boarded up buildings. Of course, most scenic open spaces are disappearing at create 100 ``renewal communities'' and pro- many of these buildings should be rehabili- a time when many citiesÐlarge and smallÐ vide a number of incentives for conducting tated. But many buildings that have no eco- are decaying. This phenomenon is commonly business within the communities. nomic viability are still standing because the referred to as sprawl. The causes are many: Our colleague from New York [Mr. HOUGH- current tax rules provide a disincentive to tear- the development of the Interstate Highway TON] introduced the American Farm Protection ing them down. System, relatively inexpensive commuting ex- Act, to exempt from estate taxes the value of Before 1978, costs and other losses in- penses, and tax incentives for home owner- certain land subject to a qualified easement. curred in connection with the demolition of ship have made it easier for people to live fur- The legislation targets the benefit to land adja- buildings generally could be claimed as a cur- ther from the cities in which they work. In cent to metropolitan areas and national parks rent deduction unless the building and the more recent years, jobs have followed families where development pressure and land values property on which it was located were pur- chased with an intent to demolish the building. to the suburbs, and breakthroughs in tele- tend to be greatest. Our former colleague from In that case, costs and other losses associ- communication have spawned telecommuting, New Jersey [Mr. ZIMMER] introduced two bills ated with demolition were added to the basis eliminating proximity to the office as a factor related to conservation easements. One would of the land. for many people in deciding where to work or permit an executor to donate land or a con- live. Obviously, public safety, the quality of To create a disincentive to demolishing his- servation easement to a government agency toric structures, the 1978 tax bill required that schools, and the financial health of the Na- and credit the value of the donation against tion's cities figure prominently in decisions to costs incurred in connection with the demoli- estate taxes owed. Under current law, dona- tion of historic structures would have to be move businesses and families to the suburbs. tions must be provided for before the owner's The situation in my hometown of New Brit- added to the basis of the land. death. Mr. ZIMMER's other bill would change Under the Deficit Reduction Act of 1984, the ain, CT, illustrates another facet of the di- the way that the gain on bargain sales of land special rule for the treatment of costs associ- lemma faced by aging, industrial cities and or conservation easements is calculated for ated with demolishing historic structures be- towns, especially in the Northeast and Mid- tax purposes. came the general rule. There was concern west. A huge, old factory near the center of We should all be grateful for the many that the old rule may have operated as an town sat unused for years, as fears over as- hours of hard work our colleagues have de- undue incentive for the demolition of existing bestos and groundwater pollution blocked re- voted to these initiatives. With so many factors structures. But the new rule is a disincentive habilitation and re-use of the building and ad- contributing to urban decay and sprawl, there for tearing down buildings with unrecovered jacent property. is not single solution. Certainly, I would not basis. Many boarded up buildings are still Only recently, thanks to a cooperative effort suggest that all of the challenges facing our standing because the owners are still depre- that includes Federal, State, and local re- Nation's communities can be addressed by tax ciating them. sources, is the old Fafnir site finally being re- policy. But there are several provisions of tax My proposal would restore the old rule for claimed. A powerful incentive for manufactur- policy that are important. That is why several nonhistoric buildings. ers and retailers to flee the city is being ad- of our colleagues have come up with some While many people prefer the amenities of- dressed and the promise of new, centrally lo- important ideas. I believe several others merit fered by living in our Nation's cities, many new cated job growth is once again on the horizon. consideration as well. Early this session, I in- jobs are being created outside urban areas. In a broader sense, it is tragic that many tend to introduce a series of measures to ad- As the cities are losing their manufacturing in- cities are suffering at a time when the country- dress some of the factors that contribute to dustries, 95 percent of the growth in office side is disappearing. The American Farmland sprawl. jobs occurs in low density suburbs. These of- Trust estimates that the United States con- First, I intend to re-introduce a bill I offered fice jobs accounted for 15 million of the 18 verts to other uses 2 million acres of farmland in the last Congress, related to the costs of million new jobs in the 1980's. Mass transit is annually, much of it on the edge of urban cleaning up contaminated land and buildings important if people in the cities are to reach America. The USDA natural resources inven- in urban areas so that they can be put to pro- the new jobs in the suburbs. tory found that developed land increased by ductive use. The rules surrounding the tax Under current law, some employer-provided 14 million acres between 1982 and 1992. treatment of environmental remediation ex- transportation assistance can be excluded Many provisions of tax law have come into penses are so convoluted and confusing that from income. The value of transportation in a play as well. Last summer, the Ways and it is no wonder that a number of businesses commuter highway vehicle or a transit pass Means Subcommittee on Oversight held a decide to sidestep them altogether and invest that may be excluded from income was $65 hearing on the impact of tax law on land use in previously undeveloped land and newer per month in tax year 1996. On the other decisions. We learned that it is sometimes buildings outside of environmentally distressed hand, up to $170 per month in qualified park- more difficult to recover many of the costs of urban areas. ing can be excluded from income. I am pro- development in urban areas. We also learned Repairs to business property can be de- posing to establish parity by raising the cap for that estate taxes can have a tremendous im- ducted currently as a business expense, but transportation in a commuter highway vehicle pact on land use decisions. According to one capital expenditures that add to the value of or a transit pass to the same level as that for of our witnesses, the Piedmont Environmental property have to be capitalized. This means qualified parking. E50 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Another proposal I introduced in the last other health care providers particularly in the All funds would be eligible to earn interest and Congress addresses a provision in current tax advent of managed care. Without such a guar- grow. The Secretary of Health and Human law that limits the deduction for a gift of appre- antee, I am deeply concerned that the avail- Services would be authorized to transfer funds ciated property to 30 percent of adjusted gross ability and quality of medical care in our coun- from the trust fund to teaching hospitals income. Under current law, the limit for gifts of try could be at risk. throughout the nation. The formula for distribu- cash is 50 percent of adjusted gross income. Teaching hospitals have a different mission tion of funds would be determined by a new This provision would raise the cap for qualified and caseload than other medical institutions. National Advisory Council on Post-Graduate gifts of conservation land and easements from These hospitals are teaching centers where Medical Education that would be established 30 percent to 50 percent. Under the bill, any reimbursements for treating patients must pay by this legislation. This legislation would also amount that cannot be deducted in the year in for the cost not only of patient care, but also allow Congress to supplement the Trust Fund which the gift is made can be carried over to for medical education including research. In with appropriated funds which the Secretary of subsequent tax years until the deduction has the past, teaching hospitals were able to sub- Health and Human Services (HHS) would dis- been exhausted. Current law gives the donor sidize the cost of medical education through tribute. All of this funding would be in addition 5 years in which to use up the deduction. higher reimbursements from private and public to the current federal programs of direct and Conservation easements are a partial inter- health insurance programs. With the introduc- indirect medical education. This supplemental est in property transferred to an appropriate tion of managed care, these subsidies are funding is necessary to enable medical nonprofit or governmental entity. These ease- being reduced and eliminated. schools to maintain sufficient enrollment and ments restrict the development, management, As the representative for the Texas Medical keep tuition payments reasonable for students. or use of the land in order to keep the land in Center, home of two medical schools, Baylor My legislation would also take an additional a natural state or to protect historic or scenic College of Medicine and University of Texas portion of the AAPCC payment given to man- values. Easements are widely used by land Health Science Center at Houston, I have aged care plans and return it to the Secretary trusts, conservation groups, and developers to seen firsthand the invaluable role of medical of Health and Human Services to spend on protect valuable land. education in our health care system and the the disproportionate share program. Dis- stresses being placed on it today. Baylor Col- The 30-percent limit in current law actually proportionate share payments are given to lege of Medicine offers medical training in 21 works to the disadvantage of taxpayers who those hospitals which serve a large number of medical specialities and currently teaches 668 may be land rich but cash poor. uncompensated or charity care patients. Many medical students, 341 graduate students, and Our former colleague from New Jersey [Mr. of our nation's teaching hospitals are also dis- 1325 residents. Baylor College of Medicine ZIMMER] introduced two proposals in the last proportionate share hospitals. Thus, my legis- also employs 1,470 full-time faculty and 3,007 Congress related to the donation of land or lation would create two new and necessary full-time staff. The University of Texas Medical easements. One would encourage heirs to do- funding sources for teaching hospitals. School at Houston has 833 medical students, nate undeveloped land to the Federal Govern- This legislation would also create a National 799 accredited residents and fellows, and ment. If the inherited land is desired by a Fed- Advisory Council on Post-Graduate Medical 1,532 faculty. eral agency for conservation, the heirs would Under current law, the Medicare program Education. This Advisory Council would advise be allowed to transfer the land to the Govern- provides payments to teaching hospitals for Congress and the Secretary of Health and ment and take a credit for the fair market medical education. These reimbursements are Human Service about the future of post-grad- value. The other would provide for more equi- paid through the Direct Medical Education uate medical education. The Council would table taxation of the gains from selling land or (DME) and Indirect Medical Education (IME) consist of a variety of health care profes- an easement at below market value to a gov- programs. DME and IME payments are based sionals, including consumer health groups, ernment entity or a nonprofit organization. I in- upon a formula set by Congress. physicians working at medical schools, and tend to introduce these measures, with a few Last year, the Republican budget resolution representatives from other advanced medical modifications, in the new Congress. adopted by the House proposed cutting DME education programs. The Council would also Mr. Speaker, to save our Nation's green and IME payments by $8.6 billion over 7 advise Congress on how to allocate these new spaces, we must save our cities as well. years. I strongly opposed these efforts and will dedicated funds for medical education. This There is no single, simple solution, but we continue to fight any cuts of this magnitude to Council will provide Congress with needed in- here in Congress must do what we can to these payments. Such cuts would be det- formation about the current state of medical help our communities. I am looking forward to rimental enough in a stable health care mar- education and any changes which should be working with my colleagues to address these ket. But they are especially harmful given the made to improve our medical education sys- challenges in the coming weeks and months. impact of our changing health care market on tem. f medical education. Our nation's medical education program are As more Medicare beneficiaries enroll in the best in the world. Maintaining this excel- THE MEDICAL EDUCATION TRUST managed care plans, payments for medical lence requires continued investment by the FUND ACT OF 1997, THE HONOR- education are reduced in two ways. First, federal government. Our teaching hospitals ABLE KENNETH E. BENTSEN, JR. many managed care patients no longer seek need and deserve the resources to meet the OF TEXAS, BEFORE THE U.S. services from teaching hospitals because their challenge of our aging population and our HOUSE OF REPRESENTATIVES, plans do not allow it. Second, direct DME and changing health care marketplace. This legis- TUESDAY, JANUARY 7, 1997 IME payments are cut because the formula for lation would ensure that our nation continues these payments is based on the number of to have the health care professionals we need HON. KEN BENTSEN traditional, fee-for-service Medicare patients to provide quality health care services to them OF TEXAS served at these hospitals. Managed care does in the future. IN THE HOUSE OF REPRESENTATIVES not pay for medical education. I urge my colleagues to support this effort to Tuesday, January 7, 1997 My legislation would provide new funding for provide guaranteed funding for medical edu- graduate medical education by recapturing a cation. Mr. BENTSEN. Mr. Speaker, I rise to intro- portion of the Adjusted Average Per Capita f duce legislation, the Medical Education Trust Cost (AAPCC) payment given to Medicare Fund Act of 1997, to ensure that our nation managed care plans. The AAPCC is the Medi- THE HOMELESS HOUSING PRO- continues to invest in medical research care reimbursement paid to insurance compa- GRAMS CONSOLIDATION AND through the training of medical professionals in nies to provide health coverage for Medicare FLEXIBILITY ACT OF 1997 a time of declining federal expenditures and beneficiaries under a managed care model. as our health care system makes its transition These recaptured funds would be deposited HON. RICK LAZIO to the increased use of managed care. into a Trust Fund. I believe managed care OF NEW YORK This legislation establishes a new Trust plans should contribute toward the cost of IN THE HOUSE OF REPRESENTATIVES Fund for medical education that would be fi- medical education and my legislation would Tuesday, January 7, 1997 nanced primarily by Medicare including man- ensure this. This is a matter of fairness. All aged care plans. This trust fund would provide health care consumers, including those in Mr. LAZIO of New York. Mr. Speaker, today a guaranteed source of funding for graduate managed care, benefit from this training and I am introducing the Homeless Housing Pro- medical education at our nation's teaching should contribute equally towards this goal. grams Consolidation and Flexibity Act of 1997, hospitals and help ensure that we continue to These funds would be deposited into a trust a bill designed to help one of this Nation's train a sufficient number of physicians and fund at the U.S. Department of the Treasury. most vulnerable populations, the homeless. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E51 Homelessness is one of the Nation's most Sec. 402: Grant Authority allows the HUD agencies who have grant programs where eli- pressing social dilemmas. As much as half of Secretary to provide grants to states, metro- gible activities include homeless assistance, the adult homeless population has a current or politan cities, urban counties, and insular e.g. HHS, Labor, Education, VA, and Agri- areas under subtitles B (Permanent Housing past substance abuse problem, and up to one- culture. Such coordination would provide for Development) and C (Flexible Block Grant other agency funding for companion services third has severe mental illness. Homeless Assistance). to HUD housing grants. In the event of fail- The Federal Government's most potent tool Sec. 403: Eligible Grantees are insular ure to coordinate or provide sufficient serv- for responding to homelessness has been the areas (or designees) and recipients (state, ices, HUD and the Interagency Council on 1987 McKinney Act with emergency food and metropolitan city or urban county) of Per- the Homeless would create a companion shelter programs. This reflected the belief that manent Housing Development and the Flexi- service block grant, capped at the authorized homelessness was temporary in nature. When ble Homeless Block Grant Assistance Pro- amounts for Title IV McKinney Appropria- grams. homelessness continued to intensify, more tions, which this bill authorizes at $1 billion. Sec. 404: Use of Project Sponsors provides Use restrictions are applicable to perma- programs were created and Federal policy be- criteria from which the eligible grantee may came muted through a multitude of Federal nent and supportive service housing, requir- select entities to carry out its eligible ac- ing at least a 20 year use with requirements programs, creating the current collage of pro- tivities. for repayment or conversion monitored by Sec. 405: Comprehensive Housing Afford- grams so in need of consolidation. the Secretary. The General Accounting Office reports that ability Strategy Compliance requires each Local advisory boards are required to as- the application and recordkeeping require- jurisdiction (eligible grantee) to submit and sist and provide professional and community comply with the requirements of the com- assistance in creating, monitoring and evalu- ments of the various McKinney programs are prehensive housing affordability strategy ating local homeless initiatives using federal overly burdensome and sometimes conflicting under Sec. 105 of the Cranston-Gonzalez Na- or duplicative; this places a great strain on funds. tional Affordable Housing Act. Sec. 409: Supportive Services are required Sec. 406: Allocation and Availability of nonprofits. for each homeless housing facility to meet Amounts requires, at enactment, 20% of When provided with stable, permanent specifically the needs of the residents, and total funds made for the Permanent Housing housing and flexible support services, formerly include activities such as child care, employ- Development Grants, with a transitional homeless persons with severe mental illness ment assistance, outpatient health services, sliding scale upward to 30% in the fourth are able to greatly decrease their use of costly housing location, security arrangements, year of the bill; the Flexible Block Grant and case-management coordination of bene- acute psychiatric hospital care and emergency Homeless Assistance, at enactment, receives fits. room treatment. In Boston, a study of home- 80% of total funds with a transitional sliding less people with severe mental illness showed scale down to 70% in the fourth year and a Subtitle B—Permanent Housing that after a year and a half, 78 percent re- sliding scale cap on the amounts used for Development Activities mained in housing, and only 11 percent re- supportive services from 30%, at enactment, Sec. 411: Use of Amounts and General Re- turned to streets or shelters. to 15% in the fourth year. The permanent quirements provide authority to states, met- When provided with permanent supportive housing development grants are totally com- ropolitan cities and urban counties to imple- housing, graduates of chemical dependency petitive at the national level; the Flexible ment permanent housing development for treatment programs are able to greatly in- Block Grant is allocated with 70% for metro- homeless individuals through construction, politan cities and urban counties and 30% for substantial rehabilitation, or acquisition. crease their rates of sobriety. A study by Eden states, based on a formula in the Housing Substantial reliance on non-profit organiza- programs, a Minneapolis social service pro- and Community Development Act of 1974 (or tions is required, with a minimum amount of vider, tracked 201 graduates of a chemical de- the Emergency Shelter Grant formula). A 50% of funds required to pass-through to pendency treatment programÐ90 percent who minimum appropriated threshold amount of such organizations. Special populations, to had supportive living a year later remained $750 million is required for block grant and the maximum extent possible, are provided sober. permanent development housing. Otherwise, permanent housing opportunities. Despite a significant proportion of homeless all the homeless funds are nationally com- Sec. 412: Permanent Housing Development individuals suffering from mental or physical petitive. consists of long-term housing, single room Sec. 407: Matching Funds Requirements occupancy housing (with or without kitchen disabilities, we must also recognize a portion provide for each eligible grantee to match at or bathroom facilities for each unit) rental, of the homeless community, particularly fami- least 50% of the federal funds received, un- cooperative, shared-living arrangements, lies, that because of economic tragedies, are less the grant is less than $100,000. The eligi- single family housing or other housing ar- without permanent homes. It is this population ble grantee is restricted from transferring rangements. that we too must concentrate our efforts to en- matching requirements to a project sponsor Subtitle C—Flexible Block Grant Homeless sure that they don't evolve into mental or or other non-profit carrying out the jurisdic- Assistance tion’s homeless activities to no more than a physical disabilities. Sec. 421: Eligible Activities provide author- 25% match of federal funds. Matches include Mr. Speaker, as with the other bills I am in- ity to the eligible grantee to use funds for (i) value of donated material, (ii) value of acquisition and rehabilitation of supportive troducing today, I intend to work in a biparti- building lease, (iii) proceeds from bond fi- housing; new construction of supportive san manner with my colleagues to make sure nancing with limitations, (iv) amount of sal- housing, leasing of supportive housing, oper- that low-income families and American tax- ary paid to staff, and (v) the cost or value of ating costs for supportive housing with lim- payers get the relief they deserve as quickly donated goods, without including the value its, homelessness prevention, permanent of any time or services contributed by volun- as possible. housing development under subtitle B, emer- teers. HOMELESS HOUSING PROGRAMS CONSOLIDATION gency shelter, supportive services with caps, AND FLEXIBILITY ACT Sec. 408: Program Requirements provide the Secretary with the authority to estab- and technical assistance. Matching amounts SECTION-BY-SECTION ANALYSIS lish the application, form and procedure for only require an amount equal to the federal Section 1: Title cited as the ‘‘Homeless acquiring homeless grants. Under the Perma- funds to be used for housing; therefore, Housing Programs Consolidation and Flexi- nent Housing Development Grants or Flexi- grantees are much more flexible in providing bility Act.’’ ble Block Grant Homeless Assistance, eligi- different sources of funds. Federal funds are Section 2: Findings and Purpose conclude ble grantees must provide detailed descrip- capped for emergency shelters at 10% of the that a consolidation of the 7 existing McKin- tions of the activities planned. The eligible recipients’ McKinney housing funds. Sec. 422: Use of Amounts Through Private ney Homeless Housing programs would pro- grantee or project sponsor is authorized to vide flexibility and allow states, localities, charge an occupancy charge from assisted in- Non-Profit Providers requires a pass-through and non-profits the ability to provide hous- dividuals, capped at a maximum 30% of in- of no less than 50% of funds. Sec. 423: Supportive Housing is defined as ing to homeless individuals with coordina- come. Eligible grantees and project sponsors housing providing supportive services that is tion of needed supportive services through are required to have at least one homeless either transition or permanent supportive other agencies. individual as a member of the board of direc- housing. Section 3: General Provisions provide tech- tors unless the Secretary provides a waiver. Sec. 424: Emergency Shelter is defined as nical changes to the McKinney Act. Administrative expenses are capped at 5% of Section 4: Permanent Housing Develop- housing for overnight sleeping accommoda- federal funds received or 7.5% in cases where ment and Flexible Block Grant Homeless As- tions. Grants for emergency shelter are re- the recipient utilizes a standardized home- sistance Program is created and replaces ex- stricted for emergency needs and, in the case less database management system to record isting Title IV of the Stewart B. McKinney of rehabilitation and conversion, a 10 year and assess the use of housing, services and Homeless Act as follows: use requirement for emergency or other homeless individual. Housing Quality Stand- homeless housing. Subtitle A—General Provisions ards are keyed to local housing standards; Sec. 401: Purpose is established to provide and in the absence of local codes, a federal Subtitle D—Reporting, Definitions, and assistance for permanent housing develop- housing quality standard is enforced. Funding ment and flexible homeless housing assist- This section requires coordination and con- Sec. 431: Performance Reports by Grantees ance. sultation between HUD and other federal requires the eligible grantee to review and E52 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 report on the progress of the homeless ac- and Training Affordability Act of 1997. This without a retirement vehicle at their place at tivities under the grants from Title IV as legislation will allow a tax deduction of up to work. These employees thus lack the impor- well as meeting the needs of the comprehen- $5,000 a year for higher education and job tant employer pension leg of the retirement sive housing affordability strategy. Sec. 432: Annual Report by Secretary re- training expenses for middle-income families. security stool. THe IRA Savings Opportunity quires a summary of activities, conclusions The deduction will be fully available to individ- Act addresses this problem by strengthening and recommendations. uals earning less than $60,000 and house- the personal savings leg. The bill will allow Sec. 433: Definitions. holds earning less than $80,000, and will middle-income workers without workplace Sec. 434: Regulations are required within 30 phase out for individuals at $75,000 and for plans to contribute an additional $2,000 to days of enactment for interim rules and final households at $95,000. their IRA, bringing the total annual amount rules to follow, within 90 days of enactment. Unfortunately, college costs are moving be- that can be contributed to $4,000. While the Sec. 435: Authorization of Appropriations yond middle-class reach. Many families are additional $2,000 contribution is not tax de- is $1 billion for FY98 through FY02. forced to incur greater and greater debt to fi- ductible, these funds will accumulate tax-free, Section 5: Interagency Council on the Homeless statutory language is amended to nance their children's higher education and providing a significant advantage over other provide authority to coordinate under Title some must forego higher education altogether. savings vehicles such as mutual funds. IV with HUD and other agencies and provide The Education and Training Affordability Act Finally, the IRA Savings Opportunity Act will an independent determination on companion will help combat these trends, providing a help to strengthen the personal savings leg of supportive service funding. Authorization of needed tax savings and helping parents afford the stool for those who are fortunate enough appropriations is for such sums as may be the cost of a college education for their chil- to have access to a retirement plan at the necessary in FY98 through FY02. dren. Under this bill, a family of five earning workplace. By doubling the income ceilings Section 6: Repeals and Conforming Amend- $60,000 with three children in North Dakota's below which workers can deduct their IRA ments provide for the termination of (i) In- contributions, the IRA Savings Opportunity Act novative Homeless Initiative Demonstration; state universities will save $1,400 per year. (ii) FHA Single Family Property Disposition The Education and Training Affordability Act once again makes the tax advantages of IRAs for Homeless Use; (iii) Housing for Rural will also make job training more affordable. It's available to all middle-class Americans. Rem- Homeless and Migrant Farmworkers; and, clear that the best-paying jobs will increasingly edying the vast reduction in IRA participation (iv) Termination of SRO Assistance Pro- go to those workers with advanced training caused by the 1986 tax reform law, the IRA gram. beyond high school. Employees willing to con- Savings Opportunity Act will allow individuals Section 7: Savings Provision provides a tinually update their skills are the ones who earning up to $70,000 and households earning guarantee of federal funds obligated for will be able to take full advantage of the op- up to $100,000 to deduct their IRA contribu- homeless activities prior to enactment under portunities in today's rapidly changing econ- tions from their taxes, up to a maximum of earlier laws. $2,000. This restored deduction will provide Section 8: Treatment of Previously Obli- omy. The Education and Training Affordability gated Amounts are guaranteed under the ap- Act will help workers seize these new opportu- meaningful tax relief for middle-income fami- plicable provisions of law prior to enact- nities by making vocational, technical and lies, and will encourage the personal savings ment. other job training programs more affordable. which must be a critical part of everyone's re- f For example, a worker earning $28,000 and tirement savings strategy. enrolled full-time at Interstate Business Col- Mr. Speaker, one strength of the tax relief INTRODUCTION OF TARGETED TAX lege in Fargo would save $1,400 on his or her measures I introduce today is that they target CUT BILLS tax bill. the relief at families' most pressing economic Mr. Speaker, the final bill in my trio of tar- challengesÐthe high cost of health care and HON. EARL POMEROY geted tax cuts is the IRA Savings Opportunity education and the difficulty of saving for retire- ment. They also target the tax relief at middle OF NORTH DAKOTA Act of 1997. This legislation will help working and working income families in order to limit IN THE HOUSE OF REPRESENTATIVES families overcome what can be the extreme difficulty of setting aside money for retirement the cost and not require unsustainable cuts in Tuesday, January 7, 1997 given all the other expenses families face. In programs on which our seniors, children and Mr. POMEROY. Mr. Speaker, today I intro- doing so, it will help us take a step forward in working families rely. This doubly targeted ap- duce a trio of targeted tax cut bills designed meeting our emerging retirement savings cri- proach means that the revenue loss to the to help working families meet their most press- sis. As a nation, we are simply not saving federal treasury from my proposals is modest, ing financial challenges. The centerpiece of an enough to ensure a financially secure retire- on the order of $40±50 billion. As with the pro- agenda to advance the economic security of ment. The personal savings rate has fallen posals others will make for tax relief, my tar- North Dakota's middle and working income from a level of more than 7 percent during geted tax cuts can only be enacted as part of families, these measures will make it easier much of this century to barely more than 3 a budget agreement that includes the nec- for workers to afford health care and edu- percent today. Indeed, only one in three baby- essary spending cuts to reach balance by cation and to set money aside for retirement. boomers is saving enough to guarantee an 2002. From my position on the Budget Com- The first measure I introduce today, The adequate income in retirement. mittee, I will be working to ensure that tar- Self-Employed Health Affordability Act of The IRA Savings Opportunity Act gives geted tax relief in the context of a balanced 1997, continues my long dedication to provid- working families expanded new opportunities budget is accomplished. ing full deductibility of health insurance costs to start and contribute to an individual retire- Mr. Speaker, I look forward to working hard for self-employed individuals. On the first day ment account (IRA). THe bill has three provi- in the coming weeks and months to advance of the last Congress, I introduced a bill to give sions, each designed to expand savings op- these three targeted tax cut bills. With pas- the self-employed a full 100 percent deduction portunities in a different way. First, for those at sage of these measures, Congress can pro- for these costs. Eighty-two of my House col- modest income levels who often find it most vide needed tax relief to middle and working leagues became co-sponsors of my bill, and difficult to save, the bill provides a tax credit income families and can help them secure the this bipartisan coalition fought successfully to equal to 20 percent of the amount contributed foundations of economic securityÐhealth care, include an increased self-employed deduction to an IRA. This credit will reduce tax liability education and training, and a secure retire- as part of the health insurance legislation for individuals earning less than $35,000 and ment. passed by Congress last summer. Under this households earning less than $50,000 while f so-called Kennedy-Kassebaum law, the self- providing a meaningful incentive to save for THE INTRODUCTION OF THE NA- employed deduction will slowly increase to 80 retirement. TIONAL RIGHT TO WORK ACT OF percent by the year 2006. While this was Second, the IRA Savings Opportunity Act 1997 progress, it does not bring sufficient relief to will allow those without access to a workplace the hard-working farm and small business retirement plan to contribute additional dollars families which must pay their own health in- to their IRA. Retirement security in our econ- HON. BOB GOODLATTE OF VIRGINIA surance premiums. The bill I introduced today omy is premised on a three-legged stool of (1) IN THE HOUSE OF REPRESENTATIVES will immediately increase the self-employed employer pension, (2) Social Security, and (3) deduction to a full 100 percent, making the in- personal savings. Yet many workersÐfarmers, Tuesday, January 7, 1997 creasing cost of health insurance more afford- those who work for small businessesÐdo not Mr. GOODLATTE. Mr. Speaker, I am able and keeping these families healthy. have access to a retirement plan in the work- pleased to introduce on this first day of the Mr. Speaker, the second of the targeted tax place. And many large employers are dis- 105th Congress the National Right to Work cut bills I introduce today is The Education continuing their pension plans, leaving workers Act of 1997. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E53 This act will reduce Federal power over the I urge my colleagues to quickly pass the TRIBUTE TO BOB JOHNSTON American workplace by removing those provi- National Right to Work Act and free millions of sions of Federal law authorizing the collection Americans from forced-dues tyranny. HON. JAMES P. MORAN of forced-union dues as a part of a collective OF VIRGINIA bargaining contract. f IN THE HOUSE OF REPRESENTATIVES Since the Wagner Act of 1935 made forced- Tuesday, January 7, 1997 union dues a keystone of Federal labor law, THE BREAST CANCER PATIENT millions of American workers have been PROTECTION ACT OF 1997 Mr. MORAN of Virginia. Mr. Speaker, I rise forced to pay for union representation that today to pay tribute to one of my constituents, they neither choose nor desire. HON. JOHN D. DINGELL CWO2 Robert G. Johnston, USA (Retired) The primary beneficiaries of Right to Work who retired from The Retired Officers Associa- are America's workersÐeven those who vol- OF MICHIGAN tion last November. In connection with his re- untarily choose to pay union dues, because IN THE HOUSE OF REPRESENTATIVES tirement, I had occasion to reexamine Bob's biography. I never realized it before but, in when union officials are deprived of the Tuesday, January 7, 1997 forced-dues power granted them under current one way or another, Bob has spent his entire Federal law they'll be more responsive to the Mr. DINGELL. Mr. Speaker, I am pleased adult life in or working for the military and its workers' needs and concerns. today to join my colleagues Representatives people. Born and raised in Atlanta, GA. Bob entered Mr. Speaker, this act is pro-worker, pro-eco- DELAURO and ROUKEMA of New Jersey, in in- the Army as a draftee in January 1953 and nomic growth, and pro-freedom. troducing the Breast Cancer Patient Protection rose through the ranks to the grade of chief The 21 States with Right to Work laws, in- Act of 1997. This legislation seeks to ensure warrant officer. His enlisted service included cluding my own State of Virginia, have a near- that women and doctorsÐnot insurance com- tours with the Leadership Committee of the In- ly three-to-one advantage over non-right to pany bureaucratsÐwill decide how long a fantry School at Fort Benning, GA, the First In- work States in terms of job creation. woman who has a mastectomy should remain fantry Division at Fort Riley, KS, the Third In- And, according to U.S. News and World Re- in the hospital. fantry at Fort Meyer, VA, and two tours with port, 7 of the strongest 10 State economies in For any woman, learning that she has the U.S. Army Special Security Group in the the nation have Right to Work laws. breast cancer is one of her most frightening Pentagon. He served overseas with the U.S. Workers who have the freedom to choose experiences. Learning that she must have a Embassy in London and the Military Assist- whether or not to join a union have a higher mastectomy, a surgical procedure that will ance Command in Vietnam. standard of living than their counterparts in change her body and her life, can be dev- Upon appointment to warrant officer in the non-Right to Work States. According to Dr. astating. intelligence field in 1972, he received training James Bennett, an economist with the highly- To have an insurance company dare to say in counterintelligence at the Intelligence respected economics department at George to this woman, who is facing one of life's great School, Fort Huachuca, AZ. His subsequent Mason University, on average, urban families crises, that she must leave the hospital wheth- service as a warrant officer included tours with in Right to Work States have approximately er she is healed or not, is the ultimate insult. the Pentagon Counterintelligence Force, as $2,852 more annual purchasing power than It is something that we should not tolerate, executive officer of the 902d Military Intel- urban families in non-Right to Work States and that we must not allow. ligence Group and personnel officer of the when the lower taxes, housing and food costs Every medical specialty organization in this U.S. Army Special Security Group. of Right to Work States are taken into consid- country challenges the right of insurance com- After retiring from the Army in November eration. panies to interfere in the decision of what 1975, Bob joined the Retired Officers Associa- The National Right to Work Act would make treatment is medically necessary or appro- tion's Placement Service [TOPS] as a place- the economic benefits of voluntary unionism a priate for a patient. Whether that patient is a ment specialist. He assumed the position as reality for all Americans. young woman giving birth to a baby, or a Deputy Director in 1978 and became Director But this bill is about more than economics, woman having surgery to treat breast cancer, of TOPS in 1994. Bob's military awards in- it's about freedom. the insurer has no right to be in the middle, clude the Bronze Star. Meritorious Service Compelling a man or woman to pay fees to between the patient and the doctor. Medal with Oak Leaf Cluster, and Army Com- a union in order to work violates the very prin- mendation Medal with Oak leaf Cluster. ciple of individual liberty upon which this Na- Respresentative DELAURO and I, along with many other Members, placed this issue on the The officer placement service or TOPS as it tion was founded. is called is a unique enterprise and it requires Oftentimes forced dues are used to support table at the end of last session because we wanted every Member of this body to think a unique individual to run it. In essence, it is causes the worker does not wish to support a job placement service for military officers about this matter before the convening of this with his or her hard-earned wages. from all of the seven uniformed services who new Congress. We have spent the past sev- Thomas Jefferson said it best, ``* * * to are either retiring or being forced out as a re- eral months researching the best, most effec- compel a man to furnish contributions of sult of the current force drawdown. The very tive way to accomplish the goals we laid out money for the propagation of opinions which heart of this operation is Bob Johnston in his last year. We believe this legislation does that. he disbelieves is sinful and tyrannical.'' 18 years of service as Deputy Director and We have made sure that we do not preempt By passing the National Right to Work Act, then Director of TOPS, he has worked directly responsible State legislation and we have de- this Congress will take a major step towards with active duty and retired officers and with fined health plans to be consistent with the restoring the freedom of America's workers to civilian employers, plus executive search firms Kassebaum-Kennedy health insurance reform choose the form of workplace representation in assisting officers to find civilian positions for that best suits their needs. bill and with the MOMS bill I introduced last a second career. His reputation in this area is In a free society, the decision of whether or session, which provides for 48-hour maternity legend. In some significant way Bob assisted not to join or support a union should be made stays. more than 200,000 officers in making a suc- by a worker, not a union official, not an em- This legislation goes where many angels cessful transition from the service to civilian ployer, and certainly not the U.S. Congress. have feared to tread, into the hallowed halls of employment; personally critiqued over 14,000 The National Right to Work Act reduces well-heeled industry that is trying to make resumes; counseled over 10,000 officers; and Federal power over America's labor markets, cost, rather than care, the driving principle of rewrote the acclaimed ``Marketing Yourself for promotes economic growth and a higher our health care system. This legislation just a Second Career'' publication which is distrib- standard of living, and enhances freedom. says ``no.'' It says to anyone who is not the uted to over 50,000 service members annu- No wonder, according to a poll by the re- patient or the patient's doctor: ``No, you may ally. As the Director of TOPS for the last 2 spected Marketing Research Institute, 77 per- not dictate when a patient must leave the hos- years, his major achievements include the cre- cent of Americans support Right to Work, and pital.'' ation of a TOPS Job Bulletin that could be over 50 percent of union households believe The devastation of breast cancer is too accessed from the Internet and thus, has workers should have the right to choose great. The difficulties, both physical and psy- TOPS poised to meet the technological chal- whether or not to join or pay dues to a labor chological, associated with mastectomy are lenges of the 21st century; and a significant union. too complex. This legislation seeks to ensure increase in the number of employers and ex- No other piece of legislation before this that insurance snafus and mindless refusals ecutive recruiters who come to TROA looking Congress will benefit this Nation as much as do not make these already difficult situations for TROA members to hire to more than 2,000 the National Right to Work Act. impossible. firms worldwide. E54 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Mr. Speaker, as a final thought, the word troduced a bill to extend the Higher Education generation of U.S.-born Armenians a message leadership is often applied to those who do Act of 1965. As we are just beginning the re- to concentrate on their education, work hard, not deserve it. In Bob Johnston's case, just view process, the bill we are introducing today and set goals. The words were taken to heart the opposite is true. He was a leader on active does not establish new policy or direction for by Koligian. After graduating from Central High duty and in retirement continued to be a lead- Federal student aid. The final bill we plan on School, Koligian went onto Fresno State Col- er to his fellow officers, showing them how to completing this year will focus on three main lege and completed a degree in accounting cope with the challenges of a changing world. principles: making college affordable; simplify- and business administration. At the conclusion Bob has been a credit to his country, the Re- ing the student aid system; and improving of his formal education, he entered into com- tired Officers Association and to the entire re- academic quality for students. bat as an infantryman in the U.S. Army during tired community. The Higher Education Act is a complex World War II. Bob resides in Springfield, VA, with his wife piece of legislation. Our proposals for chang- Upon returning to Fresno after World War II, Elsie. The couple has two grown daughters. ing Federal student aid policy will be formu- Koligian began a career in farming and be- f lated only after open and bipartisan discus- came involved in serving the community. sions with the Administration, the higher edu- Koligian served on the Fresno County School INTRODUCTION OF THE HIGHER cation community, students, parents and our Board Association, the Fresno County Equal EDUCATION AMENDMENTS OF 1998 colleagues in the 105th Congress. Opportunity Commission, and the Fresno In today's information based economy, the Planning Commission. He also served 12 HON. WILLIAM F. GOODLING importance of obtaining a quality postsecond- years as a member of the Board of Trustees OF PENNSYLVANIA ary education is at an all-time high. Parents of the Madison Elementary School, and 12 IN THE HOUSE OF REPRESENTATIVES across the country have recognized the impor- years on the board of Central High School be- tance of sending their children to college and fore his election to the Fresno County Board Tuesday, January 7, 1997 they strive to ensure that their children will of Supervisors. Mr. GOODLING. Mr. Speaker, today Mr. enjoy a better life. Koligian oversees services in Fresno County MCKEON, Mr. CLAY, Mr. KILDEE and I have in- It is in this area of higher education that the such as public libraries, public schools, the troduced a bill to extend the Higher Education Federal Government can have a very signifi- sheriff's department, medical services, and the Act of 1995. The Higher Education Act is one cant impact. The fact is that the combination planning commission. Additionally, he also of the most important pieces of legislation we of Federal grant and loan aid for fiscal year works with the probation department, courts, will be reviewing this Congress. The law en- 1997 is expected to exceed $37 billion dollars. housing and tax collection agencies within the acted by this Congress which provides for the This is good news for higher education in this county. continuation of the Higher Education Act will country. Unfortunately, the cost of a college Mr. Speaker, through the years, Deran establish Federal student aid policy for stu- education has increased at about twice the Koligian has epitomized the hard work and in- dents and families through the year 2004. Our rate of inflation since the early 1980's, making tegrity that our forefathers believed would guiding principles will be: making college more a college education one of the most costly in- make the United States a great and pros- affordable; simplifying the student aid system; vestments facing American families today. perous nation. The end result is a man who and improving academic quality for students. That is why our review of the Higher Edu- has served his community with professional- I am a firm believer that a postsecondary cation Act and Federal student aid policy will ism an a no-nonsense attitude. I ask my col- education is one of the keys to family security focus on strengthening opportunities for stu- leagues to join me and pay tribute to a man in this country. As parents, we all work hard dents to obtain an affordable, high quality who in the midst of so much else today, in the hope that our children will have a better postsecondary education. The law enacted by serves the public with as much substance as life and more opportunities than the prior gen- this Congress which establishes new and con- the soil of the Fresno land that he farms. eration. Unfortunately, it has become increas- tinues old Federal student aid policies will take f ingly difficult for families to fulfill this dream. us through the year 2004. It will significantly INTRODUCTION OF LEGISLATION Students and their families are worrying impact the lives of millions of students and TO ASSIST CONNECTICUT POLICE more and more about how they are going to their families, as well as the future of this AND FIREFIGHTERS pay for a postsecondary education. A recent country. I look forward to working with all my General Accounting Office report notes that colleagues as we undertake this review. public 4-year colleges raised tuition 256 per- HON. BARBARA B. KENNELLY f OF CONNECTICUT cent between 1980 and 1995, far outstripping IN THE HOUSE OF REPRESENTATIVES the consumer price index and the rise in a typ- TRIBUTE TO SUPERVISOR DERAN ical family's income. Yet, college is no longer KOLIGIAN Tuesday, January 7, 1997 a luxury. Over the last decade, the earnings Mrs. KENNELLY of Connecticut. Mr. Speak- gap between youth with a postsecondary edu- HON. GEORGE P. RADANOVICH er, I rise today to introduce legislation on the cation and those without has continued to OF CALIFORNIA single most important tax issue to roughly widen. New and advanced technology is domi- IN THE HOUSE OF REPRESENTATIVES 1100 families in Connecticut. nating our economy and driving down the This legislation would simply clear up a situ- Tuesday, January 7, 1997 value of lowerskilled jobs. At a time when a ation where erroneous state law has caused college education is no longer a luxury, fami- Mr. RADANOVICH. Mr. Speaker, I rise benefits that were intended to be treated as lies are finding themselves unable to save or today to pay tribute to Supervisor Deran workmen's compensation to be brought into borrow enough money to pay the bill. Koligian. Mr. Koligian is a man of soil and a income on audit. In several states, including As we begin our intensive review of the man of service to all of Fresno County. He Connecticut, the state law providing these Higher Education Act and Federal student aid truly exemplifies what it means to be a family benefits for police and fire fighters included an policy, we will be looking for ways to assist all farmer. irrebuttable presumption that heart and hyper- Americans in their pursuit of an affordable, As noted in a recent article in the Armenian tension conditions were the result of hazard- high-quality postsecondary education. Achiev- General Benevolent Union (UGBU) magazine, ous work conditions. ing this goal is critical to the survival and Supervisor Koligian, who is serving his fourth In Connecticut, at least, the state law has growth of this country. term on the Fresno County Board of Super- been corrected so that while there is a pre- f visors, is a native of Fresno. His parents left sumption that such conditions are the result of their native home land during the dark days of hazardous work, the state or municipality in- INTRODUCTION OF THE HIGHER the Armenian genocide and relocated in Fres- volved could require medical proof. This EDUCATION AMENDMENTS OF 1998 no. Koligian faced hard times like many other change satisfies the IRS definition of work- Armenians who were often the subject of dis- men's compensation. Therefore, all this legis- HON. HOWARD P. ‘‘BUCK’’ McKEON crimination and ridicule. As a result, life was lation would do is exempt from income those OF CALIFORNIA not always easy for the Armenian families who payments received by these individuals as a IN THE HOUSE OF REPRESENTATIVES lived on ``the other side'' of the railroad tracks. result of faulty state law but only for the three Koligian's father and the rest of the family yearsÐ1989, 1990 and 1991. From January Tuesday, January 7, 1997 did not surrender to the pressure of being 1, 1992 forward those already receiving these Mr. MCKEON. Mr. Speaker, today Mr. newcomers to the United States. Instead, the benefits would have to meet the standard IRS GOODLING, Mr. CLAY, Mr. KILDEE and I have in- elders of the community instilled in the first test. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E55 The importance of this legislation is that Even if the southwest border were sealedÐ Randall Bloomfield is a Beacon-of-Hope for these individuals believed that they followed which it can't beÐit would not solve the illegal central Brooklyn and for all Americans. state law. The cities and towns involved be- immigration problem. Nearly 50 percent of lieved that they followed state law and there- illegals are here because they entered on f fore all parties involved believed that these legal temporary visas and did not leave. The benefits were not subject to tax. However, the only way to stop illegals from coming, through INEQUITY IN THE TAX CODE IRS currently has an audit project ongoing in the border or otherwise, is to eliminate the CT and has deemed these benefits taxable. magnet of jobs. The only way to do that is to All this legislation says is that all parties in- make employer sanctions work. HON. PHILIP M. CRANE volved made a good faith effort to comply with Mr. Speaker, the bill I am introducing today OF ILLINOIS what they thought the law was. The state was will make major strides in our efforts to make in error. That error has been rectified but employer sanctions work. Until sanctions work, IN THE HOUSE OF REPRESENTATIVES those individuals on disability should not be our fight against illegal immigration will be in Tuesday, January 7, 1997 required to pay 3 years back taxes plus inter- vain. Mr. CRANE. Mr. Speaker, today I am intro- est and penalties. Yet the interest and pen- f alties on this tax continue to increase each ducing legislation designed to end an inequity day and are quite beyond the means of most A BEACON-OF-HOPE FOR ALL that currently exists in our Tax Code. The of these families where the primary bread- AMERICANS: RANDALL BLOOM- Federal Unemployment Tax Act [FUTA] ex- winner is disabled. FIELD empts certain churches and religious organiza- This provision was reported by the Ways tions operated by churches from having to pay and Means Committee in 1992, passed the State unemployment taxes. This exemption House on the suspension calendar, included HON. MAJOR R. OWENS extends to schools directly operated by in H.R. 11 and vetoed by then President Bush. OF NEW YORK churches. Although church-operated schools This provision enjoys the bipartisan support of IN THE HOUSE OF REPRESENTATIVES are exempt, there is one class of religious the entire Connecticut Congressional delega- Tuesday, January 7, 1997 schools which is presently not exemptÐ tion. I hope that the House will see fit to pro- schools which, in equity and fairness, and for vide these Connecticut families with the tax re- Mr. OWENS. Mr. Speaker, with the 1996 constitutional reasons, deserve this exemption. lief they need most. election behind us, this Nation has completed another cycle for the ongoing democratic proc- The schools in this nonexempt class are re- f ess which makes America great. The electoral ligious schools which are not operated by churches, but are instead operated by lay STOP ILLEGAL IMMIGRATION AND process and the public officials selected boards of believers. Such schools are as per- PROTECT UNITED STATES JOBS through this process are invaluable assets in our quest to promote the general welfare and vasively religious as the church-operated to guarantee the right to life, liberty, and the schools. Indeed, nonchurch religious schools HON. BILL McCOLLUM pursuit of happiness. It is important, however, would not exist except for their religious mis- OF FLORIDA Mr. Speaker, that we also give due recognition sion and are, in every way except church affili- IN THE HOUSE OF REPRESENTATIVES to the equally valuable contribution of non- ation, religiously indistinguishable from exempt Tuesday, January 7, 1997 elected leaders throughout our Nation. The schools. It is my understanding that these schools constitute about 20 percent of the Mr. MCCOLLUM. Mr. Speaker, today I am fabric of our society is generally enhanced and enriched by the hard work done year after membership of the Protestant evangelical proud to introduce legislation which would im- schools in the country, and that, in addition, prove the quality of the Social Security card year by ordinary volunteer citizens. Especially in our inner city communities which suffer from Catholic, Jewish, and other Protestant schools and make it a crime to counterfeit work au- fall into this category. thorization documents. This is absolutely criti- long public policy neglect, local grassroots cal to our fight against illegal immigration. leaders provide invaluable service. These are Quite simply, these schools should not have to bear the burden of the FUTA tax. The intent Several of my colleagues, including Mr. SCHU- men and women who engage in activities MER, Mr. STENHOLM, and Mr. HORN, join me in which generate hope. I salute all such heroes and purpose of these schools are the same as this effort. and heroines as Beacons-of-Hope. those operated by churches. Not exempting Illegal immigrants come to the United States Randall Bloomfield is one of these Beacons- such schools raises serious constitutional for one overwhelming reason: jobs. In re- of-Hope residing in the central Brooklyn com- questions with respect to the free exercise and sponse to this obvious magnet for illegal immi- munity of New York City and New York State. establishments clauses of the first amendment gration, the 1986 immigration bill created em- Few doctors in central Brooklyn can match the as well as the equal protection clause of the ployer sanctions, making the it illegal to know- impeccable record of achievement of Dr. 14th amendment. Although an effort was ingly hire an illegal alien. That law requires ev- Bloomfield. made to bring this issue before the Supreme eryone seeking employment in the United Dr. Bloomfield is directly responsible for Court, the Court did not reach the merits and States to produce evidence of eligibility to many community empowerment efforts. His vi- dismissed the case on other grounds. Rec- work. One of the documents that may be pro- sion, sincerity, and competence have resulted ognizing the constitutional issues involved, the duced together with a driver's license to prove in the writing of proposals and the presen- U.S. Department of Labor deferred the initi- this eligibility is the Social Security card. The tation of various studies that have educated ation of conformity proceedings for roughly 2 primary reason employer sanctions are not the community. Over the years, he has made years against States which exempt these working today is the rampant fraud in the doc- dozens of scholarly presentations on subjects schools from State unemployment tax ``until uments to prove eligibility to work, specifically such as ``Current Approaches to Gyneco- the constitutional issue is definitively re- the Social Security card. H.R. 2202 would re- logical Chemotherapy.'' In addition, he is co- solved.'' The constitutional issue has yet to be duce the number of documents that may be author of a proposal which gained funding for resolved and the Department of Labor has produced from 29 to 6. This helps, but one of the Provident Neighborhood Health Center since started enforcing its interpretation of the the six is still the Social Security card. As long and has written numerous articles including law. as it can be easily counterfeited, employer one on Legislator-Physician relationships. My legislation will clarify this issue once and sanctions will not work. Throughout the years, Dr. Bloomfield has for all by simply amending the Internal Reve- Why is it so important to make employer worked diligently in several positions that he nue Code to provide that service performed sanctions work? There are 4 million illegal found to be beneficial to his community. He for an elementary or secondary school oper- aliens in the United States today. This number currently serves as the chairman of the Moya ated primarily for religious purposes is exempt increases by 300,000 to 500,000 annually. Medical Scholarship Fund and is the co-chair from the Federal unemployment tax. Many Most illegals are non-English speaking, poorly of the Medgar Evers Medical Program. Members of Congress will find religious educated, and lacking in marketable skills. Born in New York City, Dr. Bloomfield has schools in their district that fall into this non- Their numbers are so large in the communities served 2 years in the Army. He is a graduate exempt category, and, moreover, will find that and States where they are settling that they of City College of New York and Downstate these schools merit equitable and constitu- cannot be properly assimilated, and they are Medical Center. He is married to Edris L. tional treatment. I would ask my colleagues to having a very negative social, cultural, and Adams and the father of Diane Elizabeth and join me in an effort to bring equity to this sec- economic impact. Robert Randall. tion of the Tax Code. E56 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 THE CARE ACT Beginning in fiscal year 1998, the President gregation since its founding, but especially in is required to submit a plan for achieving a the trying days following the 1975 tragedy. HON. GERALD D. KLECZKA balanced budget by 2002. Thereafter, the Faith Community Christian Reformed OF WISCONSIN President must submit budgets to maintain a Church has been a pillar of the northwest Ber- IN THE HOUSE OF REPRESENTATIVES balanced budget for the current fiscal year and gen County community and is widely re- the 4 fiscal years following, unless there is a spected. The ministry that the church provides Tuesday, January 7, 1997 declared war or national security or economic to the community is clear evidence of the Mr. KLECZKA. Mr. Speaker, in a cruel dis- emergency. ``faith of our fathers living still.'' Indeed, the play of corporate greed, the Pabst Brewing Upon submission of the President's budget, church is following the traditions of the Chris- Company last year announced its intention to the Director of the Congressional Budget Of- tian faith of the founding fathers of this Nation. renege on its promise to provide health and fice (CBO) determines whether the plan Mr. Speaker, throughout this nation's his- death benefits to its retirees. Following a court achieves a balanced budget and certifies to tory, faithful communities such as this church battle, Pabst appears to have succeeded: re- the Chairman of the House and Senate Com- have formed the backbone of our society. At tirees and their families have lost benefits that mittees on the Budget such. If the budget is a time when many Americans are deeply con- were promised them in exchange for many certified as not being in balance, the Chairmen cerned about the cultural and moral erosion of years of loyal service to the company. of the Budget Committees notify the President civil society, this church provides a center of This outrage demonstrates a lack of cor- in writing within 7 calendar days. Within 15 worship and a solid foundation of faith for our porate responsibility to dedicated former em- days, the President may submit a revised plan families, our children and our communities. ployees. This is not an isolated incident, but to achieve a balanced budget. Just as this nation is a better place because part of a disturbing nationwide trend. Over the It is not in order in the House or Senate to of these churches, the dedicated service of past several years, thousands of workers and consider any concurrent resolution on the the Faith Community Christian Reformed retirees across this country have faced similar budget that does not achieve a balanced Church has enriched quality of life in Bergen cancellations and reductions of their health budget by fiscal year 2002. In 2002 and there- and Passaic counties. Its contributions are coverage. John Morel, Hormel, and General after, it is not in order to consider any budget adding to the rich tapestry of American life in Motors are just a few of the corporations who resolution that does not maintain a balanced northern New Jersey every day and deserve have tried to leave their former workers budget. This section cannot be waived unless to be recognized as a part of the permanent stranded without health careÐhealth care they a joint resolution is enacted that declares war, historical record of our Nation through the were promised, and health care their long a national security or national economic emer- CONGRESSIONAL RECORD. years of service earned. From meatpackers to gency. My Colleagues, I invite you to join me in clerical staff, this is a threat to the retirement Finally, the bill makes in order in both the honoring the members of the Faith Community security of all American workers. House and Senate the consideration of the Christian Reformed Church on one hundred We must act now. Last Congress, I intro- President's budget or revision as a substantive years of faithful service and extending best duced a bill which I am reintroducing today, amendment to the budget resolution, without wishes for another century of service. the Health Care Assurance for Retired Em- substantive amendment. f ployees ActÐor the CARE ActÐwhich would While essential, enactment of a balanced protect retiree health benefits and help retirees budget in the Congress and ratification of a MEDICARE DIABETES EDUCATION to obtain health insurance if their coverage is balanced budget constitutional amendment is AND SUPPLIES AMENDMENTS OF canceled. only the beginning, not the end. The Balanced 1997 The CARE Act would require employers to Budget Requirement Act, together with dili- give 6 months notice to retirees and require gence on our part, will keep the Federal budg- HON. JOHN D. DINGELL the Labor Department to certify that the et balanced. OF MICHIGAN changes meet the requirements of the collec- f IN THE HOUSE OF REPRESENTATIVES tive bargaining agreement. Tuesday, January 7, 1997 It would also expand retirees' access to MARKING THE 100TH ANNIVER- health care under COBRA for those aged 55 SARY OF THE FOUNDING OF THE Mr. DINGELL. Mr. Speaker, I am pleased to to 65 until they are eligible for Medicare. FAITH COMMUNITY CHRISTIAN add my name as an original cosponsor of the Lastly, it would allow retirees who did not REFORMED CHURCH Medicare Diabetes Education and Supplies sign up for Medicare or Medigap to apply for Amendments of 1997, introduced today by my the programs without late-enrollment penalties. HON. MARGE ROUKEMA colleague from Oregon, Representative This type of atrocity must not be tolerated. OF NEW JERSEY FURSE. This long-overdue legislation will assist We must ensure retiree security and prevent IN THE HOUSE OF REPRESENTATIVES millions of diabetics, by ensuring that the rel- atively small costs of diabetes self-manage- loyal former workers from being left out in the Tuesday, January 7, 1997 cold. Mr. Speaker, I ask my colleagues to ment training and glucose test strips will be show their support for retired workers and Mrs. ROUKEMA. Mr. Speaker, in the days covered by Medicare. The cost-effectiveness their families by cosponsoring this bill. immediately following the adjournment of the of managing diabetes has been well docu- f 104th Congress, the members of the Faith mented. Management significantly reduces Community Christian Church of Wyckoff, NJ and delays the onset of disabling or fatal con- BALANCED BUDGET REQUIREMENT celebrated the One-Hundredth Anniversary of sequences of this disease. Thus, the small in- ACT OF 1997 the founding of their church. I ask my Col- vestment Medicare makes ``up front'' pays off leagues to join me in extending their heartfelt several times in savings over the long term. HON. GARY A. CONDIT congratulations and best wishes. But most importantly, these simple, cost-effec- OF CALIFORNIA Formally established on October 1, 1896 in tive techniques notably improve the quality of IN THE HOUSE OF REPRESENTATIVES the Riverside neighborhood of Paterson, the life for people with diabetes. congregation was originally known as the Many of my colleagues will recall Rep- Tuesday, January 7, 1997 Fourth Christian Reformed Church. For nearly resentative FURSE's valiant attempts to enact Mr. CONDIT. Mr. Speaker, today, along with eight decades, the church members wor- this legislation in the 104th Congress. our colleague Representative KAY GRANGER of shipped in Paterson. On April 5, 1975, the Throughout that Congress, in the context of Texas, I have introduced the Balanced Budget church structure was destroyed by a fire that Medicare legislation and budget reconciliation, Requirement Act, legislation to require the claimed the life of a Paterson firefighter. even to the last night of the second session, President to submit to the Congress each year Clearly, a church such as this does not sur- she worked to achieve that goal. I was glad to a balanced Federal budget and to forbid the vive on structure alone. The community relo- work with her in that effort. However, despite consideration in the Congress of any budget cated to its current site in Wyckoff and as- tremendous support from people with diabetes resolution that does not provide for a balanced sumed the name Faith Community Christian and their families, Members of Congress on budget. These changes would take effect im- Reformed Church in September 1978. both sides of the aisle, and the White House, mediately, and are essential in implementing Mr. Speaker, this church has remained the elusive prize was not to be won in that any Constitutional amendment to balance the steadfast to its Christian mission throughout its most rancorous of seasons. I hope that as we Federal budget. distinguished history. Perseverance and cour- begin this quest again, we can place health Specifically, the legislation provides that: age have been the watchwords of the con- policy ahead of partisan wrangling, and people January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E57 with diabetes ahead of politics. Let us enact I am introducing also allows workers to take the same two questions: What does this mean this fine legislation as one of the first exam- up to 24 hours of FMLA leave for the purpose for jobs; and what impact does this have on ples that we can and will work together to of participating in school activities, to accom- the property tax base and real estate values? serve the American people. Let us take as our pany children to routine dental or medical ap- This legislation would create three additional example the outstanding commitment of Rep- pointments, or to accompany an elderly rel- zones with tax incentives targeted to services. resentative FURSE to accomplish this objective ative to routine medical appointments or other Specifically, these FIRE zones would be pat- not for personal or political gain, but because professional services. The 24-hour provision terned after existing enterprise zones, but it is the right thing to do. was also originally a part of Mrs. Schroeder's could encompass an entire city or municipality, I am happy to be part of this effort, and look legislation. However, I have modified those and more important, could include central forward to speedy enactment of this important provisions to reflect a similar proposal that has business districts. Eligibility would be the legislation. been put forward by President Clinton. I urge same as for existing enterprise zones, with an f my colleagues to support this legislation. additional requirement that an eligible city INTRODUCTION OF LEGISLATION f would have to have experienced the loss of at TO EXPAND THE PROTECTIONS least 12 percent of FIRE industry employment, INTRODUCTION OF FIRE or alternatively, 5,000 jobs. OF THE FAMILY AND MEDICAL LEGISLATION LEAVE ACT In lieu of traditional enterprise zone tax in- centives, new or existing businesses in FIRE HON. BARBARA B. KENNELLY zones would receive a range of tax incentives. HON. WILLIAM (BILL) CLAY OF CONNECTICUT First, to deal with jobs, there would be a OF MISSOURI IN THE HOUSE OF REPRESENTATIVES wage credit for the creation of new jobs within IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 the zone. This would encourage businesses to Tuesday, January 7, 1997 hire displaced and underemployed insurance, Mr. CLAY. Mr. Speaker, today I am intro- Mrs. KENNELLY. Mr. Speaker, I rise today real estate, and banking workers as well as to ducing legislation to expand the protections af- to introduce legislation that would create three create entry level jobs for clerks and janitors. forded by the Family and Medical Leave Act of additional enterprise zones targeted toward Second, to deal with the high commercial 1993 (FMLA). The legislation I am introducing the financial institution, banking, and real es- vacancy rate problem that plagues many is substantially similar to legislation introduced tate or FIRE industries. I have consistently cities, there would be unlimited expensing on in the last Congress by our distinguished supported enterprise zones and think the in- FIRE buildouts and computer equipment. The former colleague, Patricia Schroeder. tense competition for both the zone and com- proposal would also remove the passive loss The FMLA grants employees the right to un- munity designation provides ample evidence restrictions on historic rehabilitation. paid leave in the event of a family or medical of the broad support for these efforts. Next, to provide an incentive for investors, emergency without jeopardizing their jobs. As My city of Hartford, CT applied for designa- the proposal would provide for a reduction in former chairman of the Subcommittee on tion as an enterprise community but was de- the individual capital gains rate for zone prop- Labor-Management Relations of the Commit- nied. But when I started looking at the details, erty held for 5 years to 10 percent. In addition, tee on Education and Labor, I was privileged it was clear to me that while empowerment capital gains on zone property would not be to work closely with pat Schroeder, the Hon. zones/enterprise communities are excellent considered a preference item for individual al- MARGE ROUKEMA, Senator CHRIS DODD, our economic development tools, they just don't ternative minimum tax purposes. The cor- former colleague the Hon. William D. Ford, quite fit all areas. porate capital gains tax rate would also be re- and others to bring about the enactment of The tax incentives in empowerment zones duced, to 17 percent. this important law. Necessarily, many com- include a wage credit, expensing of up to Finally, many big cities aren't always as promises were made to bring about this prece- $75,000 and a loosening of restrictions on tax- safe as we would like. Therefore, the proposal dent setting legislation. exempt bondsÐall incentives seemingly would provide for a double deduction for secu- Among the most important of those com- geared to manufacturing. Hartford and a num- rity expense within the zone. This should give promises was one that limited the applicability ber of other cities around the Nation, however, employers an added stake in the safety of our of the law to employers of 50 or more employ- are differentÐour base is services and we cities. ees. My original intention had been to extend would frankly benefit from a different mixture I would urge my colleagues to support this the law to employers of 25 or more employ- of tax incentives. legislation. ees. However, because of uncertainty regard- Let me talk about Hartford for a moment. ing the impact of the law on employers and in Hartford has long been known as the insur- f order to increase support for the legislation, I ance capital of the world. We have also tradi- NORTH MIAMI POLICE DEPART- agreed to accept the 50 employee threshold. tionally been a center for financial services. The effect of this compromise was to leave However, any reader of the Wall Street Jour- MENT OFFICER OF THE YEAR, approximately 15 million employees outside of nal knows of the consolidation in the banking KEVIN KENNISON the protections afforded by the FMLA. The fact industry and that real estate in many parts of that an employee may work for an employer of New England is still in a severe slump. On top HON. CARRIE P. MEEK 40 rather than 50 people does not immunize of this, we are in the midst of unprecedented OF FLORIDA that employee from the vicissitudes of life, nor change in the insurance industry. In the past IN THE HOUSE OF REPRESENTATIVES 3 years every major insurer in Hartford has ei- diminish that employee's need for the protec- Tuesday, January 7, 1997 tions afforded by the FMLA. ther been a merger participant and/or acquired The FMLA was signed into law on February or jettisoned a major line of business. Mrs. MEEK of Florida. Mr. Speaker, I rise 5, 1993. Experience has shown that the law But because this proposal isn't just about today to recognize the North Miami Police De- does not unduly disrupt employer operations. Hartford. In the past decade, we have seen partment's 1996 Officer of the Year, Officer Not only are the costs to employers of comply- unprecedented change in our financial serv- Kevin Kennison. Chosen from a committee of ing with the law negligible, but in many in- ices industries. We have had banking and his peers, his outstanding record in law en- stances the FMLA has led to improvements in S&L problems, face increasing competition in forcement makes him a fitting choice. employer operations by improving employee the global marketplace, and again this year Officer Kennison joined the North Miami po- morale and productivity, and by reducing em- will debate allowing banking, and other service lice force in June 1992. Quickly, he earned the ployee turnover. Experiences has also shown industries including securities and insurance to respect of his peers and superiors through te- that the protections afforded by the law are affiliate. In addition, we have seen Bermuda nacity and dedication. In July 1993, he shared not only beneficial, but are essential in ena- attract over $4 billion in insurance capital in with several other officers the honor of Officer bling workers to balance the demands of work the past few years. It is certainly a beautiful of the Month. Continuing his fine work, he and home when faced with a family or medical place, but most important, it's also a tax again earned that title in August 1994 and Oc- emergency. in short, we have now had suffi- haven. tober 1996. cient experience under the law to justify ex- And while change can be good, it does cre- Because of his unbridled enthusiasm, Offi- tending the law to employers of 25 or more ate a tremendous amount of uncertainty. With cer Kennison was among the first chosen to employees. each and every merger or spinoff, every participate in North Miami's Crime Suppres- Beyond expanding the number of work- mayor and every city council, not to mention sion Unit, a specialized group of officers se- places that are protected by the FMLA, the bill the thousands of affected employees who ask lected to target problem areas. E58 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 During 1996, Officer Kennison made in ex- money on necessary medical services. Higher ernment spends. I disagree. While having suf- cess of 115 arrests, truly an astonishing num- cost-sharing in the attempt to reduce nec- ficient funding is something I have fought for, ber. Putting his life on the line in many in- essary treatment will also cause a reduction in especially for our most vulnerable commu- stances, he has demonstrated great bravery. the use of highly effective care. Furthermore, nities, it's wrong for us in Congress to ask the As his family and coworkers gather to recog- the experiment found significant decreases in American taxpayers to pay for programs that nize him for this achievement, I want to wish highly effective care seeking poor bene- aren't working. We Americans are a generous him continued success. Officer Kevin ficiaries. people, we always have been. We understand Kennison is truly an asset to our community, Mr. Chairman, raising the cost of Medicare that not everyone has the same opportunities and we all congratulate him on a job well will raise even higher the rate of emergency that some of our neighbors have been given done. room visits by the poor. Already, those in the and we are willing to spend tax dollars to help f lower third of the income distribution have lower-income families get their feet under emergency department expenses 66 percent them and get on their way. But we are not so ADVERSE EFFECTS OF INCREAS- higher than those of persons in the upper third generous if we think our money is being wast- ING MEDICARE COST-SHARING of the income distribution. Raising Medicare ed. ON THE POOR costs will only make it more difficult for those In too many cities, public housing has be- with lower incomes to see a primary care, of- come the kind of waste that taxpayers don't HON. FORTNEY PETE STARK fice-based physician and force those patients want to put their money into. OF CALIFORNIA to seek attention in our country's overcrowded We can do better than this. In some com- IN THE HOUSE OF REPRESENTATIVES emergency rooms. munities, housing for low-income housing is Tuesday, January 7, 1997 All of these facts lead us to the conclusion what we've asked it to beÐa way to a better that if we raise the beneficiaries' obligation in life, rather than a way of life. We can learn Mr. STARK. Mr. Speaker, I thank the Mem- the cost of Medicare, those with lower income from those success stories, we can take the bers for this opportunity to address the House levels will be unable to afford and will not seek knowledge we have gained and make a better on the important issue of Medicare. In our at- out needed health services. We have an obli- framework for change. tempt to cut Federal spending, we must con- gation to fiscally get these entitlement pro- One of the worst examples has been the sider the implications of those policy decisions grams under control without putting the Na- way residents in public housing are discour- on our Nation's most vulnerable citizens. Much tion's most needy in harms way. I urge all of aged from working, discouraged from getting a has been said of the economical benefits of my colleagues to consider these findings as better job or working overtime. The reason for raising Medicare copayments and deductibles, we work to improve Medicare. this perversity? A well-intentioned but ill-ad- but not enough has been said of the detrimen- f vised policy known as the Brooke amendment, tal effects those cuts will have on Medicare which requires tenants in public housing pay beneficiaries with low incomes. THE HOUSING OPPORTUNITY AND exactly 30 percent of their income for rentÐno Many of my conclusions on the negative ef- RESPONSIBILITY ACT OF 1997 more, no lessÐno matter what income they fects of higher cost-sharing on the poor are make. Get a better job, your rent goes up. taken from the RAND health insurance experi- HON. RICK LAZIO Work overtime to try to build a little savings, ment. The RAND experiment studied the rate OF NEW YORK to move your family out of public housing, of use of health services by assigning people IN THE HOUSE OF REPRESENTATIVES your rent goes up. to different levels of cost-sharing insurance Tuesday, January 7, 1997 When we tried to restructure the intent of programs. The results of that experiment the Brooke amendment last year, some of my should encourage us to take a good look at Mr. LAZIO of New York. Mr. Speaker, I colleagues protested, saying that our only goal the effect our decisions will have on the health come to the floor of the House today to intro- was to raise rents for low-income families. of the people we represent. duce the Housing Opportunity and Respon- Nothing could be further from the truth. Never- Mr. Chairman, the RAND experiment clearly sibility Act of 1997, a bill to bring hope and op- theless, this bill I am introducing today has a showed that with increased out-of-pocket portunity to millions of Americans now living in new way to eliminate the work-punishing pro- costs to the beneficiary; physician visits, hos- public housing across the country. visions of existing law by simply giving tenants pital admissions, prescriptions, dental and vi- It is fitting that I do this today, the first day a choice. Each year, the housing authority will sion visits, and mental health services use fell. of the 105th Congress, because the first day select a rent for each unit. The tenant then While adverse health effects on the average of a new Congress is about new beginnings. can choose whether to pay that rent or 30 per- person were shown to be minimal, statistics This legislation is about new ideas and new cent of their income, obviously choosing on the poor were rather disturbing. The study models, new opportunities for families and whichever is less expensive. That way, no one found that those with lower income levels suf- neighborhoods that for too long have fallen is asked to pay more than 30 percent of their fered adverse health effects in many cat- victim to the old way of doing business. income for rent, but we don't force them to egories under the cost-sharing plan. The poor For 60 years, we have asked local commu- keep paying higher and higher rents based on will forgo necessary medical attention as out- nities to live under one law for public housing, misguided Federal policies. of-pocket costs of those services rise. This is the 1937 Housing Act. Cities and neighbor- This Work Incentive Rent Reform is one ex- a fact that undermines the original intent of hoods, struggling with the challenge of provid- ample of the kind of compromise we can cre- this program. ing affordable housing for families and individ- ate that protects families, but still provides the Health areas most affected by a higher rate uals, have had to rely on a Depression-era type of opportunity we need to instill in Fed- of cost sharing for the poor are hypertension, law to provide that housing. A single, top- eral programs. rate of mortality, dental and vision care. As an down, cookie-cutter model for housing de- Last May, members from both sides of the example of these findings, those with lower in- signed to shelter urban factory workers and aisle voted for a very similar bill, the Housing comes who entered the experiment with high create jobs for out-of-work craftsmen in the Act of 1996. The House showed overwhelming blood pressure benefited more under the free 1930's is not the best way to do business support for reform by voting 315 to 107 in program than under the cost-sharing plan. today. favor of that bill. As we go forward with this Low-income groups have 46 percent more We ask a lot of local communities when it similar, but improved bill, I hope that Members dental visits on the lower cost-sharing plan comes to building and supporting affordable on both side of the aisle, Republicans and than on the higher. The higher income groups housing. It's time we gave them the tools they Democrats, will feel free to engage in con- use dental services 26 percent more under the need to get the job done right, so that families structive debate, to work with us to make lower cost plan. Near and far vision statistics get the housing they need in communities that these needed changes. also improved in the lower cost plan and pre- promote opportunity. Sixty years is a long time to wait for reform. dicted mortality rates fell approximately 10 By providing that opportunity and demand- We shouldn't ask low-income families to wait percent among the poor. In fact, Mr. Chair- ing responsibilityÐat all levels, from recipients another year. man, overall serious symptoms among the of assistance to those providing housing serv- TITLE BY TITLE SUMMARY OF THE HOUSING poor declined when the costs of care went icesÐwe take those first few steps toward cre- OPPORTUNITY AND RESPONSIBILITY ACT OF down. ating the kind of communities we can all take 1997 The determination made by this study and pride in. Many of my colleagues have com- The short title of the bill is the Housing others is that those with higher needs and plained that the problem is not the programs, Opportunity and Responsibility Act of 1997. lower incomes are not more likely to spend but simply how much money the Federal Gov- The bill repeals the United States Housing January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E59 Act of 1937 (the ‘‘1937 Act’’), removes dis- public or assisted housing. Exceptions in- private rental market and which would re- incentives for residents to work and become clude working families, senior citizens, dis- move disincentives to families obtaining em- self-sufficient, provides rental protections abled families, persons attending school or ployment and achieving self-sufficiency, for low-income residents, deregulates the op- vocational training, or physically impaired while maintaining income protections for eration of public housing authorities, and persons. the residents. gives more power and flexibility to local gov- Local Plans and Review. Requires each local Minimum Rent. Provides that a public hous- ernments and communities to operate hous- housing and management authority to sub- ing authority may establish minimum rental ing programs. mit to a local elected official or officials contributions between $25 and $50, provided The Housing Opportunity and Responsibil- that appoint the authority and then to the certain hardship exemptions are established. ity Act declares that it is the policy of the Secretary an annual Local Housing Manage- Designated housing for elderly and disabled federal government to, among other things, ment Plan that describes the mission, goals, families. Permits local housing and manage- promote the general welfare of the nation by objectives, and policies of the authority with ment authority to designate all or part of a helping families who seek affordable homes respect to meeting the housing needs of low- development as only elderly, only disabled, that are safe, clean, and healthy, and in par- income families. Discusses the standards by or only elderly and disabled as long as the ticular, assisting responsible citizens who which the Secretary may review Local Hous- designation is part of the Local Housing cannot provide fully for themselves because ing Management Plans, notice of approval or Management Plan. The authority must es- of temporary circumstances or factors be- disapproval, treatment of existing plans, and tablish that the designation is necessary to yond their control. These goals are to be authority of a public housing authority to meet certain goals and needs and include in- achieved by developing effective partner- amend plans. formation the supportive services and other assets that will be provided to serve the resi- ships among the federal government, state TITLE II—PUBLIC HOUSING and local governments, and private entities, dents. Block Grant Contracts. Provides general pa- Resident Management Initiatives. Allows which would allow government to accept re- rameters for block grant contracts (capital sponsibility for fostering the development of residents or non-profit resident management and operating funds) to be entered into be- corporations to assume the responsibility of a healthy marketplace, and allow families to tween the Secretary of Housing and Urban prosper and thrive by removing disincentives managing or purchasing a development. The Development (the ‘‘Secretary’’) and public corporation must be organized under state to work and barriers to self sufficiency. It housing authorities. An authority must states that the federal government cannot law, has as its sole voting members the resi- agree to provide safe, clean, and healthy dents of the development, and have the sup- through its direct action or involvement pro- housing that is affordable in return for as- vide for the housing of every American citi- port of its resident council (if one exists), or sistance. Requires the Secretary to make a alternatively, a majority of the households zen, but should promote and protect the block grant to a local housing and manage- independent actions of private citizens to de- of the development. Allows a public housing ment authority provided, in part, that the authority to contract with a resident man- velop housing and strengthen their own authority has submitted a community im- neighborhoods. agement corporations to manage one or provement plan, the plan has been reviewed more developments. TITLE I—GENERAL PROVISIONS and complies with the necessary require- Authorization of Appropriations. Authorizes Purpose. States that the purpose of the bill ments, and the authority is exempt from $2.5 billion as the appropriation level for is to provide affordable housing opportuni- local taxes or receives a contribution in lieu each fiscal year through 2002 for the capital ties to low income families by (1) deregulat- thereof. fund, and $2.9 billion through fiscal year 2002 ing and decontrolling public housing agen- Uses. Authorizes grant uses for production, for the operating fund. cies; (2) providing for more flexible use of operation, modernization, resident programs, TITLE III—CHOICE-BASED RENTAL HOUSING Federal assistance to housing authorities, al- homeownership activities, resident manage- lowing the authorities to leverage and com- ment activities, demolition and disposition Grants. Authorizes the Secretary to make bine assistance amounts with amounts ob- activities, payments in lieu of taxes, emer- grants to public housing authorities and au- tained from other sources; (3) facilitating gency corrections, preparation of Local thorizes contracts for one fiscal year. Formula Allocation. Requires the Secretary mixed income communities (4) increasing ac- Housing Management Plans, liability insur- to determine a formula for allocating assist- countability and rewarding effective man- ance, and payment of obligations issued ance based, in part, on census data, various agement of public housing authorities; (5) under the 1937 Act. needs of communities, and the comprehen- creating incentives for residents of dwelling Voluntary Voucher Conversion. Permits pub- sive housing affordability strategy of a com- units assisted by public housing authorities lic housing authorities, in accordance with munity, pursuant to a negotiated rule- to work; and (6)— recreating the existing the Local Housing Management Plans, to making process. Up to 50 percent of the funds rental assistance voucher program so that move toward a voucher program for certain that are unobligated by a local housing and the use of vouchers and relationships be- buildings after a cost-benefit analysis of management authority for a period of 8 tween landlords and tenants under the pro- maintaining and modernizing the building as months may be recaptured by the Secretary. well as an evaluation of the available afford- gram operate in a manner that more closely Administrative Fees. Sets administrative able housing. resembles the private housing market. fees for public housing authorities at 7.65 Income Definitions. Defines ‘‘adjusted in- Formula Determination. Provides for devel- percent of grant amount for the first 600 come’’ for purposes of this Act to mean the opment of a formula, through negotiated units at fair market rent for a two bedroom difference between the income of the mem- rulemaking, for distribution of block grant and 7.0 percent of the grant amount for all bers of the family residing in a dwelling unit amounts to public housing authorities. Pro- units in excess of 600. The Secretary may in- or the person on a lease and the amount of vides for interim allocations to public hous- crease this fee in certain circumstances. any income exclusions—some of which are ing authorities pending the development of a Authorizations. Authorizes $1,861,668,000 mandatory—for the family as determined by formula Prescribes that chronically vacant under this title as the appropriation level for HUD. Mandatory exclusions are for: (1) elder- units are ineligible to receive subsidy except each fiscal year through 2002. ly and disabled families; (2) reasonable medi- to the extent of paying utilities. Income Targeting. Not less than 40% of the cal expenses; (3) child care expenses; (4) mi- Family Income Eligibility. Limits occupancy families assisted with choice-based assist- nors residing in the household; and (5) cer- of public housing to families who, at the ance must be families with incomes at or tain child support payments. Discretionary time of the initial occupancy, qualify as low- below 30% of the area median income. exclusions include, but are not limited to de- income. Public housing authorities may cre- Portability. Establishes national portability pendents, travel expenses; and earned in- ate a selection criteria for incoming resi- for recipients of choice-based assistance. come. dents that are aimed at creating an income Resident Contribution and Rental Incidators. Drug/Substance Abuse. Permits a local hous- mix that reflects the eligible population of The resident contribution shall not exceed ing and management authority to prohibit that jurisdiction provided at least 35 percent 30% of the monthly adjusted income of the certain individuals with a history of drug or of the units are occupied by families whose family. Requires the Secretary to establish alcohol abuse from admission to units where income does not exceed 30 percent of area and to publish annually rental indicators for admission may interfere with the peaceful median income. Certain income and eligi- a market area that may vary depending on enjoyment of the premises by other resi- bility restrictions may be waived by an au- the size and type of the dwelling unit. The dents. thority that provides units to police officers, rental indicators shall be adjusted annually Community Work and Family Self-sufficiency law enforcement and security personnel. based on the most recent available data. Requirement. Requires adult residents of pub- Family Choice of Rental Payment. Families Homeownership Option. Allows public hous- lic housing or residents receiving assistance residing in public housing will have a choice ing authorities to use funds under this title under Title III to enter into an agreement as to whether they would rather pay a flat to assist low-income families toward home- which provides that the resident contribut4e rent for a unit, to be established by the pub- ownership. Eligible families must have an in- no less than 8 hours of work per month with- lic housing authority for each unit in its in- come from employment or sources other in the community in which the adult resides ventory, or to pay no more than 30% of the than public assistance, and must meet initial or participate on an ongoing basis in a pro- family’s adjusted income as rent. The pur- and continuing requirements established by gram designed to promote economic self-suf- pose is to allow public housing authorities to the authority. ficiency, and which sets a target date for create rental structures that would reflect Housing Assistance Payments Contracts. Al- when the family intends to graduate out of the asset value of the unit, similar to the lows public housing authorities to enter into E60 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 contracts with owners by which owners each chronically troubled public housing the real needs of the child. Similarly, prior to screen residents, provide units for eligible agency not later than 180 days after the date the commencement of any litigation and unlike families, and authorities make payments di- of the enactment. The Secretary may either current law, parents and schools will be re- rectly to owners on behalf of the eligible solicit proposals and take the necessary ac- quired to disclose their concerns about the families. The authority may enter into a tions to replace management of the agency contract with itself for units it manages or or take possession of the agency. child's education to the other party. I believe this will lead to conflict resolution and edu- owns. TITLE VI—REPEALS AND CONFORMING cation for the child, instead of more litigation Amount of Monthly Assistance Payment, AMENDMENTS Shopping Incentive and Escrow. States that and attorney's fees. the monthly payment for assistance under Provides for repeal of the United States Parental involvement is an important hall- Housing Act of 1937. However, the effective this title is in the case of a unit with gross mark of this bill. Under the bill, parents will be rent that exceeds the payment standard for date of this act is delayed for six-months after date of enactment to allow HUD time given the right to access all of their child's the locality, the amount by which the pay- records and participate in any decisions on the ment standard exceeds the amount of the to identify any technical corrections that resident’s contribution and, in the case of a would be required resulting from such repeal. placement of their child. Parents will be able unit with gross rent that is less than the In addition, the Secretary may delay imple- to receive regular, meaningful updates about payment standard, the amount by which the mentation (until no later than October 1, the progress their child is making, in another gross rent exceeds the resident’s contribu- 1998) of any section in order to avoid undue marked change from current law. This will fur- tion. Half of any savings under (b) are hardship or if necessary for program admin- ther ensure that a child with a disability re- escrowed into a fund on behalf of the tenant, istration, provided the Secretary notify Con- ceives a quality education, not simply passes gress. the remainder to be returned to the federal through an educational process. treasury. TITLE VII—AFFORDABLE HOUSING AND Finally, the bill will ensure that teachers TITLE IV—HOME RULE FLEXIBLE GRANT OPTION MISCELLANEOUS PROVISIONS have the tools they need to teach all children. Allows local governments and jurisdictions Include various miscellaneous provisions, The bill will shift decisions on the expenditure including a prohibition against HUD estab- to create and propose alternative programs of Federal training funds from the Federal for better delivery of housing services using lishing a national occupancy standards, funds that otherwise would have been pro- technical corrections to legislation govern- Government to States and localities. That vided to these localities through the federal ing the use of assisted housing by aliens, change will mean more general and special programs. Localities would be able to con- amendments to HOME and CDBG income eli- education teachers receiving the in-service solidate public housing and choice-based gibility to promote homeownership, and pro- training they need, instead of the pre-service rental assistance funds. The local plan would visions governing the use of surplus govern- training for special educators that the univer- have to meet certain federal requirements, ment property by homeless providers and sities desire. The bill will eliminate the inciden- and would be subject to approval by the Sec- self—help housing programs. tal benefit rule, which prevents schools from retary. HUD would enter into ‘‘performance f allowing even an incidental benefit from IDEA agreements’’ with the jurisdictions setting forth specific performance goals. IDEA IMPROVEMENT ACT OF 1997 funds from deriving to other students, even if doing so would result in substantial aggregate TITLE V—ACCOUNTABILITY AND OVERSIGHT PROCEDURES cost savings, which can be used to educate all HON. FRANK RIGGS children. Study of Various Performance Evaluation OF CALIFORNIA Systems, Establishment of Accreditation Board. I would like to briefly comment on the proc- Requires that a study be conducted of alter- IN THE HOUSE OF REPRESENTATIVES ess that has led to this bill's introduction. Dur- native methods to evaluate the performance Tuesday, January 7, 1997 ing the past 2 months, I met with a number of of public housing agencies, the results of members of the disability and education com- Mr. RIGGS. Mr. Speaker, I am pleased to which shall be reported to Congress by the munities to learn their views on last year's bill join Chairman GOODLING, and others, in the in- Secretary within six months of the date of and the need for reforming IDEA in general. troduction of the IDEA Improvement Act of enactment of this legislation. Six months During my discussions with the disability com- 1997. I will serve as the chairman of the Sub- after completion of the study and receipt by munity, they expressed their appreciation for Congress, a twelve-member Housing Founda- committee on Early Childhood, Youth and our initial intention to introduce a bill that is si- tion and Accreditation Board (the ‘‘Board’’) Families during the 105th Congress. I care lent on the issue of whether schools may is established with the purpose of developing deeply about ensuring that all children receive expel students with disabilities without edu- an alternative evaluation and accreditation a quality education. There is nothing more im- system for public housing authorities. cation services in cases where such expulsion Annual financial and performance audits. Re- portant to the future of our country than pro- is permitted by local law and where the child's quires each public housing authority to con- viding the opportunity for a high quality edu- actions are unrelated to their disability. duct an annual financial and performance cation for all Americans. I believe that this can I had taken that action as a sign of good audit. Procedures for the selection of an be achieved by working together to build on auditor, access to all relevant records, design faith that the topic of student discipline would what works: basic academics, parental in- be discussed in a fair and open manner by the of audit are described. The Secretary may volvement, and dollars to the classroom, not withhold the amount of the cost of an audit committee. Our hope was that all groups from an authority that does not comply with bureaucracy. would agree to such a free, democratic proc- this section. We must ensure that children with disabil- ess. Classification by performance category. Pro- ities are not denied the opportunity for a high Following my conversation with representa- vides for four classifications for housing au- quality education. The IDEA Improvement Act tives of the disability community, I was both thorities, including troubled housing au- of 1997 will help children with disabilities by surprised and saddened to receive a letter thorities. Requires an authority classified as focusing on their education instead of process from the co-chairs of the Consortium for Citi- troubled to enter into an agreement with the and bureaucracy, by increasing parents' par- Secretary that provides a framework for im- zens with Disabilities asking Chairman GOOD- proving the authority’s management. ticipation, and by giving teachers the tools LING and me not to introduce a bill at this time. Removal of Ineffective PHA’s. Authorizes the they need to teach all children. They indicated that there was insufficient time Secretary to (a) solicit proposals from other The bill I have cosponsored is nearly iden- in this new Congress for my Democrat coun- entities to manage all or part of the tical to the bipartisan IDEA Improvement Act terparts to consider a new bill. They were also authority’s assets, (b) take possession of all of 1996. That bill, which passed the House in concerned that the bill would be represented or part of the authority’s assets, (c) require June 1996 without a single dissenting vote, as having their support because it is based on the authority to make other arrangements made numerous changes to current law. The to manage its assets, or (d) petition for the last year's bill, the contents of which drew appointment of a receiver for the authority, 1997 bill changes the focus of the Act to edu- heavily from the disability and education group upon a substantial default by a housing au- cation, not process and bureaucracy. It en- consensus process that occurred in the spring thority of certain obligations. The Secretary sures evaluations for special education so that of last year. may provide emergency assistance to a suc- schools will consider whether other needs are I do not believe our introduction of the IDEA cessor entity of an authority. Allows an ap- the primary cause of a child's learning prob- Improvement Act of 1997, which has only pointed receiver to abrogate contracts that lems. These could include inability to speak technical changes from the bill that passed the impede correction of the default or improve- English, or lack of previous instruction in read- House unanimously last year, will result in any ment of the authorities classification, de- ing and math. undue difficulty for our committee's Demo- molish and dispose of assets in accordance with this title, create new public housing au- Another change focusing on education is in crats. Being based on last year's bill, the 1997 thorities in consultation with the Secretary. the area of due process. The IDEA Improve- bill draws from the four hearings and six drafts Mandatory takeover of chronically troubled ment Act will shift the focus of dispute resolu- that preceded the House's later bipartisan PHA’s. Requires the Secretary to takeover tion from litigation to mediationÐfocusing on passage of that bill. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E61 I certainly do not expect that this legislation No longer will teachers be forced to complete eral curriculum. Therefore, children remain in will be greeted by immediate, unconditional massive piles of unnecessary, federally re- special education because they lose contact support from all parties. I do, however, expect quired forms and data collection sheets. with what other children their age are learning that interested parties will use this new bill as These changes will mean more time for teach- and can no longer keep up. This legislation the basis of discussion in the coming months. ers to dedicate to their students, and fewer re- will ensure that the general curriculum is part Because the disability community has ap- sources wasted on process for its own sake. of every child's Individualized Education Pro- parently decided against supporting such a The IDEA Improvement Act will help cut gram [IEP] or justifies why it is not. process of open discussion, the cosponsors of costly referrals to special education by empha- The bill will assure parents' ability to partici- this bill and I have chosen to introduce a bill sizing basic academics in the general edu- pate in key decisionmaking meetings about which includes all provisions of the bill which cation classroom. In the 1994±95 school year, their children's education and they will have has received bipartisan support in the House 2.5 million of our Nation's 4.9 million special better access to school records. They will also of Representatives. That bill included provi- education children were there because they be updated no less regularly than the parents sions on cessation of education services. have learning disabilities. Many of these prob- of nondisabled students through parent-teach- Reauthorization of the Individuals with Dis- lems could be addressed with better academ- er conferences and report cards. Parents will abilities Education Act will be the first priority ics in the early grades. be in a better position to know about their of my subcommittee in the 105th Congress. The IDEA Improvement Act has addressed child's education, and will be able to ensure Chairman GOODLING and I will once again at- this issue in several ways. First, following that their views are part of the IEP team's de- tempt to reach a consensus with all of the every evaluation of a child for special edu- cisionmaking process. groups affected by our legislation. cation services, school personnel will need to The bill ensures that States will offer medi- f consider whether the child's problems are the ation services to resolve disputes. Mediation result of lack of previous instruction. Too has proved successful in the nearly three- IDEA IMPROVEMENT ACT OF 1997 often, children whose primary problems result quarters of the States that have adopted it. from a lack of reading skills enter special edu- This change will encourage parents and HON. WILLIAM F. GOODLING cation because their problem was not properly schools to work out differences in a less ad- OF PENNYSLVANIA addressed with basic academics. This change versarial manner. The bill will also eliminate IN THE HOUSE OF REPRESENTATIVES will result in fewer children being improperly attorney's fees for participating in IEP meet- Tuesday, January 7, 1997 identified as disabled because of their actual ings, unless they have been ordered by a need, lack of skills, will be noted and ad- court. The purpose of this change is to return Mr. GOODLING. Mr. Speaker, today over dressed in a general education setting. IEP meetings to their original purpose, dis- one dozen of my colleagues and I have intro- Second, the bill's discretionary training pro- cussing the child's needs. duced the IDEA Improvement Act of 1997, gram will provide necessary training for gen- Our legislation will reduce litigation under amending the Individuals with Disabilities Edu- eral education teachers that is not being pro- IDEA by ensuring that schools have proper cation Act [IDEA]. I have long been concerned vided today. Current Federal training grant notice of a parent's concerns prior to a due about ensuring that all children receive a high programs ultimately focus on their resources process action commencing. In cases where quality education. There is nothing more im- on pre-service training for special education parents and schools disagree with the child's portant to the future of our country than pro- teachers, because universities that receive the IEP, the school will have real notice of the viding the opportunity for a high quality edu- grants decide what the priorities for training parent's concerns prior to due process. We cation for all Americans. My colleagues and I are. While such training is important, where hope that this will lead to earlier resolution of believe this can be achieved by working to- local teachers and schools are given the op- such disputes without actual due process or gether to build on what works: that means im- portunity to decide what priorities are most im- litigation. proving basic academics, increasing parental portant, they consistently cite in-service train- Local principals and school administrators involvement, and moving dollars to the class- ing, particularly for general education teach- will be given more flexibility. There will be sim- room. ers, and pre-service training for early-grade plified accounting and flexibility in local plan- In my view, this bill represents a significant general education and reading teachers. This ning. No longer will accounting rules prevent step toward local schools delivering a high bill will refocus Federal efforts by putting the even incidental benefits to other, nondisabled quality education to all children with disabil- decision making power with States and local children for fear of lost Federal funding. ities. I have long supported improving the schools, who are in a better position to recog- The bill will make schools safer for all stu- quality of education for children with disabil- nize and serve their local needs. This will dents, disabled and nondisabled, and for their ities. Last year, I worked hard for the passage mean teachers will be better trained to teach teachers. Expanding upon current procedures of the IDEA Improvement Act of 1996, H.R. children in the critical early grades, which will for students with firearms, we will enable 3268. That bill passed the House in the 104th lead to better taught children and ultimately, schools to quickly remove violent students and Congress by a unanimous vote. I have also fewer special education referrals. those who bring weapons or drugs to school, long pushed the Appropriations Committee for Third, the IDEA Improvement Act will elimi- regardless of their disability status. The bill will increased funding for the Part B Program. Last nate many of the financial incentives for over- ensure that such children can quickly be year, my efforts were rewarded with over $700 identifying children as disabled. The change in moved to alternative placements for 45 days, million in new funding being appropriated to the Federal formula, which I will talk about during which time the child's teachers, prin- IDEA. shortly, will reduce the Federal bonus for iden- cipal, and parents can decide what changes, Like H.R. 3268, the IDEA Improvement Act tifying additional children as disabled. Hope- if any, should be made to the child's IEP and of 1997 focuses the act on children's edu- fully, States will follow suit, moving toward placement. cation instead of process and bureaucracy, similar formulas. The legislation will also en- The legislation will also ensure that disability gives parents greater input in determining the sure that States do not use placement-driven status will not affect the school's general dis- best education for their child, and gives teach- funding formulas that tie funds to the physical ciplinary procedures where appropriate. In dis- ers the tools they need to teach all children location of the child. Such incentives encour- cipline cases, the child's Individualized Edu- well. These are the changes that are nec- age children to be placed in more restrictive cation Program team will determine whether essary to provide a high quality education for settings, from which they are less likely to the child's actions were a manifestation of his all children with disabilities. ever leave. They also encourage placement in or her disability. If they were not, schools will The changes in the IDEA Improvement Act special education in the first place, particularly need to take the same action with disabled will have a real and positive impact on the children with mild disabilities that might best children as they would with any other child. lives of millions of students with disabilities. be served in general education classrooms This would include expulsion in weapons and When enacted, the bill will help children with with more assistance, instead of separate drug cases where that is permitted by local or disabilities learn more and learn better, which classrooms. State law. should be the ultimate test of any education The legislation will also help ensure that as- Finally, I would like to talk about the funding law. Students with disabilities will now be ex- signment to special education is not perma- which will determine how much of the Federal pected, to the maximum extent possible, to nent. Children are often referred to special appropriation each State will receive. Let me meet the same high educational expectations education in early grades and then never say first of allÐno State will lose funds that have been set for all students by States leave. Part of the problem lies with the child through the first 5 years of the transition to the and local schools. There will be an emphasis not keeping pace with their peers. Special new formula. This bill moves from allocating on what works instead of filling out paperwork. education plans often have no link to the gen- funds to the States based on a ``child count'' E62 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 of children with disabilities to a population- tially making the bill silent on the issue of While I had previously stated that I intended based formula with a factor for poverty. The ceasing education services to children with to introduce a bill that included a sign of good new formula is based 85 percent on the num- disabilities who have been expelled because faith for the disability community, I must take ber of children in the State and 15 percent on of their conduct. We intended to do so as a the cochairs' letter as a rejection of that sign. State poverty statistics. This is a major step in sign of good faith to the disability community, For that reason, I have chosen not to intro- the move to reduce the overidentification of who had indicated their discomfort with those duce such a bill. Instead, I have introduced a children as disabled, particularly African-Amer- provisionsÐa sign that we intended to have a bill that saw unanimous passage just 7 ican males who have been pushed into the full public debate on this issue. I expected that months ago in the House. special education system in disproportionate this gesture would be taken as a welcome The IDEA Improvement Act is the most im- numbers. sign by these groups. My expectation was that portant change to America's special education In addition no State should ever receive less they would respond by indicating their willing- system since the passage of Public Law 94± than it received in fiscal year 1996. Because ness to participate in a vigorous public debate 142 in 1975. Overall, America's special edu- of the substantial increase in IDEA Part B about this and other important issues sur- cation system as currently structured has not funding appropriated by the Congress for fis- rounding the education of children with disabil- accomplished what is necessary to educate all cal year 1997, 49 States will never receive ities. I was greatly disappointed to learn that children with disabilities. There is broad agree- less than they received last year. And that this was not the reaction of the disability com- ment on the need to change. Results are im- final State will never be affected if there are munity. portant. Accountability is important. I believe modest increases in IDEA funding between On December 20, 1996, the cochairs of the this bill will help give America's children with now and fiscal year 2007, and if not, only then Consortium for Citizens with Disabilities sent a disabilities what they were promised 21 years in 2007. letter to me and Representative RIGGS asking The Clinton administration recognized the that we postpone introduction of IDEA reform ago: the real opportunity to receive a high problem with the current system when it pre- legislation. They said that while they ap- quality education. I urge my colleagues to join sented its proposal to the 104th Congress, plauded our earlier decision to introduce legis- us in this effort. suggesting a population-based formula with fu- lation that was silent on the issue of cessation, f ture funding. Many of my Democratic col- they had other concerns about other issues leagues also recognized the importance of this addressed in the 1996 bill. More pointedly, the IN SUPPORT OF REP. BOB DOR- change when they introduced that bill last year letter remarked that ``no disability organization NAN’S REQUEST FOR A FORMAL as H.R. 1986. In 1994, the Department of supported [the 1996] legislation.'' INVESTIGATION BY THE HOUSE Education's Inspector General recommended The cochairs wrote briefly about the consen- OVERSIGHT COMMITTEE changing the formula exactly as we have sus process that led to the final form of the changed it in this bill. They called the current 1996 bill, and thus, the IDEA Improvement Act formula a ``bounty system'' that encourages of 1997. The consensus process occurred last HON. CLIFF STEARNS putting children in special education when they year when disability and education groups OF FLORIDA should not be. asked me if the bill's markup could be post- IN THE HOUSE OF REPRESENTATIVES The IDEA Improvement Act of 1997 reflects poned so that these groups could make con- an 18 month process of bipartisan efforts to sensus recommendations. About 85 percent of Tuesday, January 7, 1997 improve upon IDEA. Because of the bipartisan the ``consensus group'' recommendations Mr. STEARNS. Mr. Speaker, today I was of- passage of last year's bill, the bill we introduce were incorporated into the 1996 legislation. ficially sworn in as a member of the 105th today contains only a few technical changes The cochairs' letter said that the disability Congress as were my 434 colleagues. from last year's bill. These changes include community's purposes in supporting the con- I was heartened to learn that although Ms. moving forward by 1 year various implementa- sensus document was ``to keep the legislative LORETTA SANCHEZ was sworn in to represent tion dates within the bill and the inclusion of process moving'' and that they ``have never the 46th district of California, this would in no private school and charter school representa- supported, and will never support, the consen- way prejudice Congress' consideration of the tives on State advisory boards. The latter sus document as an acceptable final set of request made by former Representative Bob change was inadvertently left out of the bill as recommendations that should be enacted into Dornan that Congress initiate a formal inves- it passed the House in June 1996. In all other law without further revision.'' tigation into certain voter irregularities, which ways, the IDEA Improvement Act of 1997 is I was saddened to receive this letter. I sim- have occurred in the election in District 46, identical to last year's bill. ply find it hard to believe that it would be inap- California on November 5, 1996. Ensuring a quality education for students propriate to introduce legislation to reform a I would caution my colleagues that this is with disabilities through the IDEA Improvement law when very similar legislation has been ac- not some bogus demand being made as a Act of 1997 is my committee's No. 1 edu- tively debated during the previous 18 months; vendetta, nor is it groundless and without cational legislative priority. As such, Sub- has seen six distinct incarnations circulated or merit. There are proven cases of voter fraud committee Chairman FRANK RIGGS will hold a introduced; has seen four hearings held during in this election, which have already been ac- pair of hearings in February with full commit- the 104th Congress; and has seen passage of knowledged and verified. My major concern is tee consideration coming soon thereafter. It is that legislation by the House of Representa- that we must not allow our election process to our intention to have the IDEA Improvement tives without a single dissenting vote less than become a sham merely because it is per- Act of 1997 passed by the House prior to the 7 months before. ceived to be politically correct. As a result of end of this spring. I was troubled as well by the group's posi- an initial investigation into this matter, an arm Before closing, I would also like to comment tion on the consensus recommendations and of the office of the Immigration and Naturaliza- on the developments of the last 8 weeks that their incorporation into our 1996 bill. Neither I, led to this bill's introduction. In November, nor any of our committee's members, believed tion Service [INS] has already been ordered by INS to shut down its citizenship testing pro- Subcommittee Chairman FRANK RIGGS had a that the consensus recommendations would number of conversations with interested indi- be enacted into law without change. We un- gram as of January 6, 1997. viduals and groups about IDEA and our com- derstood that further debate and a conference Have we forgotten the struggles of minority mittee's plans for introducing a new IDEA Im- with the Senate would be necessary before citizens and women and their efforts to attain provement Act. At that time, Representative the law would be enacted. the right to vote? RIGGS stated our committee's intention to Given this letter, I must believe that certain Mr. Speaker, this request is not without leave certain provisions out of the 1997 bill segments of the disability community are not precedent, I call to your attention McCloskey that were included in the 1996 bill. These pro- interested in debating these important issues. and MCINTYRE in the 99th Congress, 1st ses- visions related to the ability of States and lo- They are not interested in releasing a working sion or Roush versus Chambers 87th Con- calities to discipline all students, including stu- legislative document to the public at large for gress, 1st session. These two cases involved dents with disabilities whose actions are unre- the consideration of all interested parties. That dispositions to the House concerning Federal lated to their disability, in accordance with position is absolutely contrary to mine. As elections. local policy. This would include expulsion with- chairman, I am interested in an open discus- This country prides itself the fact that we are out educational services where that practice is sion of reform options in a public hearing a democracy and abide by the axiom of ``One permitted by local law for students with weap- where everyone can comment on a range of man; one vote.'' However, I would like to ons or illegal drugs. proposals. The IDEA Improvement Act serves quote a well known playwright who wrote: ``It's At that time, we had decided to leave those that purpose well, and I am proud to be its not the voting that's democracy; it's the count- 1996 bill provisions out of the 1997 bill, essen- sponsor. ing.'' January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E63 [From the Washington Post, January 4, 1997] A spokesman for Hermandad, Jay Lindsey, by providing diabetes self-management train- INS HALTS INTERVIEWS AT CALIFORNIA said the group takes the allegations ‘‘very ing under Medicare. The bill will also expand ORGANIZATION seriously’’ and is conducting a review to de- coverage of blood testing strips to include all (By William Branigin) termine if any regulations were violated. He denied that the group knowingly committed people with type II diabetes. Self-management With allegations of vote fraud continuing voter fraud and said ‘‘we do not engage in training and access to blood testing strips are in one of the most hotly contested congres- politics.’’ crucial to controlling the high health care costs sional elections, the Immigration and Natu- Some Hermandad sites are affiliates of associated with this disease. It is known that ralization Service is distancing itself from Naturalization Assistance Services, Inc., one when diabetics keep their blood glucose level an organization that reportedly registered of five companies designated by INS to con- immigrants to vote before they became citi- as close to normal as possible, the risk of duct citizenship classes and testing. The firm complications can be reduced by as much as zens. ran into trouble last year after evidence of The INS this week suspended citizenship 65 percent. fraud was found at some of its sites. Last I encourage my colleagues to support this interviews at three Los Angeles area offices week, the INS ordered it to shut down its of Hermandad Mexicana Nacional, a Hispanic citizenship testing program on Jan. 6. legislation. and immigrant rights group, pending the Hermandad also has sites affiliated with I am including for the RECORD the following outcome of voting probe. To streamline the another company, which will continue to ad- statements from organizations in support of naturalization process, the INS had been minister citizenship tests and prepare appli- this legislation: The American Diabetes Asso- conducting final citizenship interviews at cants for INS interviews. ciation, the Juvenile Diabetes Foundation, the the group’s offices with applicants who had f passed English and civics tests administered American Association of Diabetes Educators, the American Dietetic Association, the Endo- by Hermandad. IN SUPPORT OF THE MEDICARE According to published reports, dozens of crine Society, Eli Lilly and Co., and the Com- Hermandad clients illegally registered to DIABETES, EDUCATION AND SUP- munity Retail Pharmacy Coalition. PLIES ADMENDMENTS vote after passing the tests and the INS STATEMENT BY THE AMERICAN DIABETES ASSO- interviews, but before they being sworn in as CIATION IN SUPPORT OF LEGISLATION TO IM- citizens. Some said they had registered to HON. GEORGE R. NETHERCUTT, JR. PROVE MEDICARE COVERAGE FOR PEOPLE vote at Hermandad offices while INS officers OF WASHINGTON WITH DIABETES were present. There are few, if any, issues facing the na- IN THE HOUSE OF REPRESENTATIVES Of more than 1,300 people registered by tion that have stronger bipartisan support Hermandad last year, nearly 800 reportedly Tuesday, January 7, 1997 than the diabetes Medicare reform legisla- cast ballots Nov. 5. At least some of them Mr. NETHERCUTT. Mr. Speaker, as Co- tion being introduced today by Representa- voted in the California district in which Rep. tives Elizabeth Furse and George Robert K. Dornan, 63, a Republican, lost by Chair of the Congressional Diabetes Caucus, Nethercutt. There are none, in our opinion, 979 votes to Democrat Loretta Sanchez, 36. it is with pleasure that I support the Medicare for which there is a greater need. Dornan blamed his defeat on alleged irreg- Diabetes Education and Supplies Amend- Diabetes is a prevalent, serious and costly ularities, including voting by noncitizens ments of 1997, introduced today by Rep- disease and is increasing at a shocking rate. and felons. He filed a complaint with the resentative ELIZABETH FURSE. Representative Since the ’60s the number of cases has tripled House seeking to overturn the election re- FURSE and I formed the Congressional Diabe- to 16 million. Since 1992, the direct costs of sult. Sanchez, a member of the district’s tes Caucus to promote awareness of diabetes caring for people with diabetes have doubled growing Hispanic population, said a recount to its current sum of $91.1 billion a year. had confirmed her victory. She is scheduled and its consequences within Congress. This This figure does not begin to account for the to be sworn in when Congress convenes Tues- bill is an important step toward providing dia- staggering losses in productivity for our day. betics with the tools they need to control the economy and well-being to Americans. When ‘‘I don’t want to be the first person in his- negative repercussions and cost of diabetes. indirect costs are included, diabetes costs tory, man or woman, House or Senate, to be When my daughter, Meredith, was diag- our economy nearly $138 billion a year, more voted out of office by felons, by people vot- nosed with the disease in 1987, I became ac- than any other single disease. ing who are not U.S. citizens, who are felons tively involved with learning more about the Medicare alone spends one-quarter of its or children or people not allowed to vote,’’ disease, its causes, complications and the budget, nearly $27 billion a year, treating Dornan said in a television interview last people with diabetes. Approximately half of month. He charged that up to 1,000 nonciti- cost to American society. Before entering Con- all diabetes cases occur in people older than zens and felons had cast ballots. gress, I also served as president of the Spo- 55 years of age. However, the complications Republican members of a House sub- kane chapter of the Juvenile Diabetes Foun- and hospitalizations associated with the dis- committee have accused the INS of improp- dation. ease (blindness, amputation, kidney failure, erly naturalizing criminals in a rush to Over 16 million Americans suffer from dia- heart disease and stroke) can be delayed or produce new pro-Democratic voters in time betes. The resulting financial cost to society is avoided altogether with proper care. Our na- for the Nov. 5 elections. staggering. An estimated $138 billion or 14 tion is only now coming to this realization. The Los Angeles Times reported last week The improvement in diabetes care em- that 19 noncitizens acknowledged voting in percent of U.S. health care dollars, is spent on bodied in this legislation represents the only the Dornan-Sanchez race before completing diabetes. The last several years have been preventive care measure ever scored (ana- the naturalization process. All said they had encouraging for those working to find better lyzed for its economic implications) by the registered to vote at Hermandad, 18 of them treatments and a cure. Last year, doctors suc- Congressional Budget Office (CBO) to save after taking citizenship classes there and cessfully transplanted insulin-producing cells money. According to the CBO analysis, each passing a test and INS interview, the paper into patients with type I diabetes. Researchers day Congress waits to enact these Medicare reported. They did not say whom they voted have also located genetic markers for diabe- reforms costs taxpayers an additional for. tes, which should make it possible to identify $500,000. The Orange County Register reported that This legislation, which incorporates two 30 Hermandad clients had registered to vote patients at high risk. Additionally, the vaccine bills introduced in the 104th Congress, H.R. weeks before they were sworn in, although BCG has induced long-term remission of dia- 1073 and H.R. 1074, has widespread support on all but four became citizens before the elec- betes if given during the earliest stage of the both sides of the aisle. H.R. 1073 had 250 co- tion. It is nevertheless a felony under state disease. sponsors in the last Congress. Of the more law to register to vote before becoming a cit- I am confident that a cure for diabetes is than 4,000 bills introduced in the 104th Con- izen. Under a new federal immigration law, within our reach. In the meantime, however, gress, only 12 had more cosponsors. noncitizens who vote are ineligible for natu- the Federal government must avail itself of ad- During the fall election campaign, 180 ralization and can be deported. members of the incoming 105th Congress The Orange County District Attorney’s Of- vances in treatment knowledge. In the private demonstrated support for improving diabetes fice began investigating ‘‘possible registra- sector, we have seen that comprehensive dia- coverage by completing the American Diabe- tion and voting’’ by ineligible persons, but betes education reduces both diabetes spe- tes Association’s Diabetes ’96 Candidate Sur- has not collected enough evidence to pros- cific complications and overall health care vey. Two hundred and eighty-nine (289) Mem- ecute anyone, Assistant District Attorney costs. For example, Merck-Medco Managed bers of the 105th Congress either cosponsored Wallace Wade said. Care, Inc. has realized a total per diabetic pa- legislation or signed the Candidate survey. Richard Rogers, INS district director in tient health care cost reduction of $441 since Of the 289 supporters, 116 (40.1%) are Repub- Los Angeles, said that pending the investiga- licans and 173 (59.9%) are Democrats. tion, the INS would no longer interview citi- beginning an innovative diabetes education Leaders of both political parties have stat- zenship applicants at three Hermandad test- program. ed their strong support for this legislation. ing sites, requiring applicants to come to an The Medicare Diabetes Education and Sup- This legislation was included in President INS office. He said INS officers would rou- plies Amendments of 1997 will employ some Clinton’s FY ’97 budget proposal and accord- tinely ask applicants if they had voted. of the knowledge learned in the private sector ing to the White House, will be included in E64 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997

FY ’98. Minority Leader Gephardt has noted STATEMENT BY THE AMERICAN ASSOCIATION OF For an average $50 visit to a diabetes edu- that the provisions of the bill, if enacted, DIABETES EDUCATORS IN SUPPORT OF LEGIS- cator, $30,000 amputations, like H.L.’s, can ‘‘would help every individual and family cop- LATION TO IMPROVE MEDICARE COVERAGE be prevented not only saving the money ing with diabetes and save billions of dollars FOR PEOPLE WITH DIABETES AND TO SUP- spent on the procedure, but the costs of fur- in future Medicare spending.’’ PORT DIABETES SELF-MANAGEMENT TRAIN- ther treatment and rehabilitation. ING Today, on behalf of the 10,000 diabetes edu- Speaker Gingrich cosponsored identical The American Association of Diabetes cators from around the country, the Amer- legislation (H.R. 4264) in the 104th Congress ican Association of Diabetes Educators and has said that addressing diabetes is one Educators, which has more than 10,000 health care professionals who teach people with dia- strongly supports congressional action on of his top four legislative priorities. During this important diabetes legislation to benefit betes how to manage their disease, supports the fall election campaign, Presidential can- the more than 16 million Americans afflicted the diabetes reform legislation being intro- didate Robert Dole noted that ‘‘improved with this disease. Medicare and private insurance coverage of duced today by representatives Elizabeth Furse and George Nethercutt. necessary diabetes supplies and education STATEMENT OF THE AMERICAN DIETETIC ASSO- This legislation, which incorporates two would save lives and reduce the cost of diabe- CIATION IN SUPPORT OF DIABETES SELF- bills introduced in the 104th Congress, H.R. tes-related illnesses to both the taxpayer and MANAGEMENT TRAINING 1073 and H.R. 1074, would provide diabetes the private sector.’’ The American Dietetic Association, the outpatient self-management training serv- world’s largest organization of nutrition pro- The growing awareness of the seriousness ices under Part B of the Medicare program fessionals, strongly supports legislation of diabetes, along with the strong support of and uniform coverage of blood-testing strips which would provide coverage of diabetes President Clinton, Speaker Gingrich and for individuals with diabetes. outpatient self-management training serv- Congress, is crystal-clear mandate for imme- We know the critical role diabetes edu- ices under Part B of the Medicare program. diate action to improve Medicare coverage cation plays in the treatment of this disease. Dietitians recognize that self-management for diabetes. There is no reason to wait. Any Each day we help people with diabetes lead training—which includes medical nutrition delay necessarily risks the health of the 3 healthy, productive lives. Each day we help therapy—is essential if individuals with dia- million seniors diagnosed with diabetes and to prove that diabetes education saves lives betes are to successfully manage their dis- will waste millions of taxpayers dollars. and potentially billions in Medicare expendi- ease. tures each and every year. Numerous studies, such as the Diabetes While difficult for some, these modifica- Control and Complications Trial, have shown JDF SUPPORTS LEGISLATION TO EXPAND MED- tions can dramatically reduce some of the that control of blood sugar levels can help ICARE COVERAGE FOR DIABETES-RELATED more serious and expensive complications patients prevent or delay diabetes-related SERVICES which result from untreated diabetes. complications. A study conducted in 1994 by There are many case studies that prove the The Juvenile Diabetes Foundation Inter- the International Diabetes Center in Min- importance of diabetes education and self- national (JDF), which gives more money di- neapolis, MN, for The American Dietetic As- management. Take for instance the case of sociation showed that persons with non-insu- rectly to diabetes research than any other Mr. H.L. non-profit health agency in the world, lin dependent diabetes mellitus—also known H.L. is a 72-year old Medicare subscriber as type II diabetes—can better control their strongly supports expedited passage of legis- who has had insulin-treated diabetes for the lation which would make available to mil- blood sugar levels, weight and cholesterol past 17 years. Six years ago, H.L. averaged with medical nutrition therapy. Medical nu- lions of older Americans the diabetes self- two hospital admissions per year for uncon- management training and critical testing trition therapy is the use of specific nutri- trolled diabetes. He was at high risk for car- tion services to treat a chronic condition, ill- equipment needed to attain better control of diovascular disease because of cholesterol blood glucose levels, thereby helping to ness or injury. At all phases of the six-month levels 11⁄2 times normal. And, tragically, his delay debilitating and life-threatening com- study, medical nutrition therapy provided by right leg was amputated below the knee. a registered dietitian resulted in improve- plications. It is imperative that, while we You see, H.L. had walked for a day in wet pursue the longer-term objective of a cure ments in patients’ fasting plasma glucose shoes. Because he had a lack of feeling in his (FBG) and glycated hemoglobin levels for diabetes through research, all people bat- feet, he didn’t realize an ulcer had developed tling this insidious and devastating disease (HBA1c) compared to levels at the onset of on his foot until it was many days later— the study. have access to the most advanced, proven di- much too late for treatment. Medical nutrition therapy is a cornerstone abetes management regimens and tech- H.L. had never been taught to monitor his of self-management training and has been nologies available. This additional Medicare blood glucose levels—and he hadn’t been told proven to significantly save health care coverage makes tremendous economic sense that he needed to regularly examine his feet costs by reducing the incidence of complica- for the country as well, given the fact that and legs for any abnormalities. tions—including lower extremity amputa- treatment for diabetes-related complications Now, six years later, H.L. tests his own tions, kidney failure, blindness, heart at- accounts for more than 27 percent of the blood glucose levels each day. His choles- tacks and frequent hospitalization. An inter- total Medicare budget. terol levels are within the normal range. nal analysis of nearly 2,400 case studies sub- Despite medical and technological ad- And, despite having an increased risk of an- mitted by American Dietetic Association vances, people with diabetes continue to die other amputation, H.L. has his left leg and members show that on average more than and suffer life-threatening complications as has not been admitted to the hospital for un- $9000 per case can be saved in type I diabetes a result of the disease. JDF believes that ul- controlled diabetes since he began self-man- (insulin-dependent) cases with the interven- timately, through research advances, a cure agement training. tion of medical nutrition therapy. Interven- for diabetes and its devastating complica- We cannot win the fight against diabetes tion in type II diabetes cases showed a sav- tions will be found, resulting in millions of without empowering individuals with the ings of nearly $2000 per case. lives and billions of dollars saved. The public skills to manage this disease. Because no Enactment of legislation providing cov- and private sector support for diabetes re- cure is currently available for diabetes, dia- erage for diabetes self-management training search has led to substantial progress. The betes education is one of our only and most will correct a monumental oversight in Med- Congress’ steadfast support for medical re- potent weapons. icare coverage by providing the essential search funding through the National Insti- Armed with this weapon, H.L. has pre- training and nutrition services that have tutes of Health has not only brought us clos- vented the amputation of his left leg—as been recognized as critical to the treatment er to a cure for diabetes, it has also produced well as the frequent and costly hospitaliza- of diabetes. The nearly 70,000 members of new and better management techniques tions when this disease became uncontrol- The American Dietetic Association strongly which would have been unimaginable only lable. support action by the congressional leader- two decades ago. Recent studies show that Now is the time to make a dramatic im- ship to enact this important legislation im- pact on the Medicare system—and more U.S. health expenditures for people with dia- mediately. imporantly—on the lives of people with dia- betes exceed $130 billion per year, or one out betes. Now is the time to recognize that dia- STATEMENT OF P. MICHAEL CONN, PH.D., of every seven health care dollars. Clearly, betes education pays for itself over a rel- PRESIDENT, THE ENDOCRINE SOCIETY, ON increased public and private support for atively short period of time—and will save BILL FOR DIABETES MANAGEMENT PRO- medical research is critical to controlling billions in Medicare expenditures each year. GRAMS health care costs. How is this possible? Consider that for an ‘‘The Endocrine Society applauds the ef- The Juvenile Diabetes Foundation Inter- average $50 visit to a diabetes educator, peo- forts of Reps. Elizabeth Furse and George national (JDF) is dedicated to supporting re- ple like H.L. can learn how to eliminate Nethercutt, whose goal is to improve the search to find a cure for diabetes and its $1,000 per day hospital stays. quality of life for patients with diabetes. And complications, and to improving the lives of For an average $50 visit to a diabetes edu- as a constituent of the Congresswoman from people with diabetes through research cator, people can save the hundreds of thou- Oregon, I extend special recognition to her progress. JDF is a not-for-profit, voluntary sands of dollars spent each year treating car- for her bill. health agency with over 100 chapters in the diovascular disease and kidney disease asso- ‘‘The state of diabetes care in the U.S. U.S. alone. ciated with diabetes. calls for the kind of reform proposed in this January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E65 legislation. In too many instances, people vulnerable points in the progression of diabe- tary retirees and their dependents to volun- with diabetes do not have access to the man- tes. tarily participate in the Federal Employee agement programs and equipment necessary Lilly believes the Furse-Nethercutt bill Health Benefits Program. to properly care for their illness. Without will prove to be extremely valuable as a pre- We recruit young men and women to serve these management tools, diabetic patients vention measure for people with diabetes, in our nation's military with a promise that the face higher risks of the long-term complica- while helping reduce future Medicare costs. tions that rob them of their sight and mobil- government will provide them health care for ity. COMMUNITY RETAIL life. While this is not a contract, many men ‘‘Diabetes is a chronic illness, but one that PHARMACY COALITION, and women enlist with the good faith belief can be controlled—even reversed—when pa- Alexandria, VA, January 7, 1997. that we will provide their medical needs for tients have access to and follow appropriate Hon. ELIZABETH FURSE, when they retire. After these men and women management programs under the care of an House of Representatives, have served their country and turned 65, the endocrinologist. Medical science has shown Washington, DC. Department of Defense reneges on its prom- that complications of diabetes do not have to DEAR REPRESENTATIVE FURSE: The Commu- ises, turns them away from its insurance pro- happen. Costs associated with chronic ill- nity Retail Pharmacy Coalition is writing to grams and effectively denies them access to nesses have been identified as a significant indicate its support for your bill to improve its medical treatment facilities. health care crisis that we will face in the fu- Medicare coverage of outpatient self man- ture, according to a study released in No- agement training and blood testing strips for The Department of Defense is the only large vember 1996 by the Robert Wood Johnson diabetics. The Coalition consists of the Na- employer in this nation that kicks its retirees Foundation. An earlier taxpayer-funded tional Community Pharmacists Association out of its health insurance programs. But it study has already proven that management (NCPA), representing independent retail does not need to be. Civilian employees in the programs reduce complications from diabe- pharmacy, and the National Association of same Department of Defense, and throughout tes. Chain Drug Stores (NACDS). Collectively, the government, are given the opportunity to ‘‘Fewer complications means a greater the 60,000 retail pharmacies represented by participate in one of the finest health insur- quality of life for the 16 million Americans the Coalition provide 90 percent of the 2.3 ance programs in the country. The Federal with diabetes and a lower health care bill for billion outpatient prescriptions dispensed Employees Health Program is an established all Americans. Our Medicare program needs annually in the United States. health insurance program that enables em- the common-sense, cost-saving reform pro- This program will help reduce the rel- posed in this bill. As soon as it is passed, we atively high percentage of Medicare expendi- ployees to choose from a range of health in- will begin to invest in economical diabetes tures which result from caring for Medicare’s surance packages. Federal retirees, unlike prevention programs that improve patients’ significant diabetic population. We under- their counterparts who served in the military, lives and save the country’s health care dol- stand that this program will save Medicare are not dropped from their insurance plans lars.’’ $1.6 billion over the next six years. Allowing when they turn 65 and are not placed at the Medicare beneficiaries to use their local re- bottom or priority lists. Instead they are treated LILLY SUPPORTS MEDICARE COVERAGE tail pharmacy provider to obtain this edu- with the respect and dignity that they deserve. IMPROVEMENT FOR DIABETES PATIENTS cation and training makes sense. The na- My legislation ensures that all federal retir- Representatives Elizabeth Furse (D-1st- tion’s community retail pharmacies already ees, whether they served their nation as a OR) and George Nethercutt (R-5th-WA) will provide a convenient location for Medicare member of the armed forces or as a civilian introduce a bill requiring Medicare coverage beneficiaries to obtain the supplies that they employee, are treated with the same dignity need to help manage their diabetes, such as of self-management training services and and have an equal opportunity to participate in blood testing strips, important preventive insulin and test strips. The Coalition supports this bill, but asks the Federal Employees Health Benefits Pro- measures for people with diabetes who want gram. to stay healthy and avoid complications. Eli that you assure that pharmacists meeting Lilly and Company vigorously supports the the educational requirements to participate f Furse-Nethercutt diabetes bill. in the program are, in fact, eligible for pay- ment for these services under Medicare. The THE ENTERPRISE RESOURCE More than 16 million Americans have dia- BANK ACT OF 1996 betes, a serious disease that affects the bill defines a ‘‘provider’’ as an individual or body’s ability to produce or respond properly entity that provides other items or services to insulin, a hormone that allows blood to Medicare beneficiaries for which payment HON. RICHARD H. BAKER sugar to enter the cells of the body and be may be made. Pharmacies already provide OF LOUISIANA such items and would appear to qualify as a used for energy. Approximately half of all di- IN THE HOUSE OF REPRESENTATIVES abetes cases occur in people older than 55. ‘‘provider’’ under this bill. However, phar- Studies show that providing coverage for macies are not currently classified as ‘‘sup- Tuesday, January 7, 1997 diabetes supplies, and self-management pliers’’ under the Medicare program, and we Mr. BAKER. Mr. Speaker, today I am intro- training directly helps people with diabetes urge that your bill do so to assure that phar- ducing legislation, with my distinguished col- avoid devastating and costly complications macies qualify under this important pro- gram. league, the Minority Leader of the Capital Mar- like kidney failure, heart attack, stroke, kets Subcommittee, Rep. PAUL KANJORSKI (D- blindness and amputations. We believe that similar programs to in- crease quality and reduce costs could be de- PA), to reform the Federal Home Loan Bank According to the American Diabetes Asso- System (FHLB). Throughout the 104th Con- ciation, diabetes costs the U.S. $138 billion a veloped for other disease states that are year in health costs. About one-fourth of the common in the Medicare population, such as gress, Mr. KANJORSKI and I have worked dili- Medicare budget (nearly $30 billion a year) is asthma and high blood pressure. We would be gently to craft a bi-partisan reform bill. This devoted to treating diabetes and its com- very willing to work with you on developing legislation reflects the product of our sub- plications. People on Medicare are one-and- such programs. We acknowledge and applaud committee from April of last year. a-half times more likely to have diabetes your leadership in increasing the quality of While this bill reflects general consensus and its complications than other persons. care for diabetics who are covered by Medi- among members of the subcommittee, we are Yet Medicare does not cover the tools to care. Sincerely, committed to working with other members of properly manage their disease. the full committee as well as the Administra- Two-thirds of diabetes expenditures are re- RONALD L. ZIEGLER, President and Chief Executive Officer, tion to craft a bill that reflects most concerns. lated to the complications of the disease. Greater attention will be given to the regula- The American Diabetes Association esti- NACDS. mates that up to 85 percent of the complica- CALVIN N. ANTHONY, tion and governance of the Bank System, the tions associated with diabetes can be pre- Executive Vice President, NCPA. proper capital structure, the membership pro- vented. Yet today, only 30 percent of all pa- f file, and the mission of the system. tients receive any type of diabetes self-man- The Federal Home Loan Bank System was agement training. INTRODUCING THE HEALTH CARE established in 1932 primarily to provide a Lilly is a leader in diabetes care, celebrat- COMMITMENT ACT source of intermediate- and long-term credit ing 75 years of lifesaving Lilly insulin in for savings institutions to finance long-term 1996. In addition to providing disease treat- HON. JAMES P. MORAN residential mortgages and to provide a source ments, Lilly specializes in diabetes edu- for liquidity loans for such institutions, neither cation, teaching patients about the roles of OF VIRGINIA diet, exercise, medication and monitoring IN THE HOUSE OF REPRESENTATIVES of which was readily available for savings in- stitutions at that time the Federal Home Loan their blood glucose levels to best manage Tuesday, January 7, 1997 their disease. Through our PCS subsidiary’s Bank system was created. Information Warehouse of 1.2 billion phar- Mr. MORAN of Virginia. Mr. Speaker, today, In recent years, the System's membership macy records, Lilly helps physicians and I rise to the ``Health Care Commitment Act.'' has expanded to include other depository insti- health care providers identify particularly This legislation allows Medicare eligible mili- tutions that are significant housing lenders. E66 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 The segment of savings institutions and advances and other financial services that pro- lishes voluntary membership and equal terms other depository institutions that are special- vide long-term funding, liquidity, and interest- of access to the System for all institutions eli- ized mortgage lenders has decreased in size rate risk management to its stockholders and gible to become Bank System members, and and market share and may continue to de- certain non-member mortgages. eliminates artificial restrictions on the Banks' crease. The establishment of the Federal Na- Since 1932, the Bank System has served as lending to member institutions based on their tional Mortgage Association (Fannie Mae), the a link between the capital markets and local Qualified Thrift Lender status; equalizes and Federal Home Loan Mortgage Corporation housing lenders, quietly making more money rationalizes Bank members' capital stock pur- (Freddie Mac), and the Government National available for housing loans at better rates for chase requirements, preserving the coopera- Mortgage Association (Ginnie Mae) and the Americans. Today the Federal Home Loan tive structure that has served the System well subsequent development of an extensive pri- Banks' 5,700 member financial institutions pro- since its creation in 1932; separates regulation vate secondary market for residential mort- vide for one out of every four mortgage loans and corporate governance of the Banks that gages has challenged the Federal Home Loan outstanding in this country, including many reflect their low level of risk ensuring the Bank System as a source of intermediate- and loans that would not qualify for funding under Banks can meet their obligations; and modifies long-term credit to support primary residential secondary market criteria. The Bank System the methodology for allocating the Bank Sys- mortgages lenders. accomplishes this without a penny of taxpayer tem's annual $300 million REFCORP obliga- For most depository institutions, residential money through an exemplary partnership be- tion so that the individual Banks, economic in- mortgage lending has been incorporated into tween private capital and public purpose. centives are consistent with their statutory the product mix of community banking that More than 3,500 of the Bank System's cur- mission to support primary lenders in their typically provides a range of mortgage, rent members are commercial banks, credit communities. consumer, and commercial loans in their com- unions and insurance companies that became Taken together, these interrelated provisions munities. eligible for Bank membership in 1989. They address the major issues identified in a recent Community banks, particularly those in rural demonstrate the market's value of the Bank series of studies of the Bank System that Con- markets, have a difficult time funding their System by investing in the capital stock of the gress required from the Federal Housing Fi- intermediate- and long-term assets held in regional home loan banks. These institutions nance Board (FHFB), the Congressional portfolio and accessing capital markets. For have recognized the advantages of access to Budget Office (CBO), the General Accounting example, rural nonfarm businesses tend to the Bank System's credit programs and have Office (GAO), the Department of Housing and rely heavily on community banks as their pri- responded to their local communities' needs Urban Development (HUD) and a Stockholder mary lender. Like the savings associations in for mortgage lending. As the financial market- Study Committee comprised of 24 representa- the 1930's, these rural community banks draw place grows larger and more complex, I envi- tives of Federal Home Loan Bank shareholder most of their funds from local deposits. sion the Bank System as a necessary vehicle institutions from across the country. Longer-term credit for many borrowers in rural for serving community lending needs espe- The Enterprise Resource Banks Act will areas may therefore be difficult to obtain. In cially in rural and inner-city credit areas. make the Banks more profitable by enabling short, the economy of rural America may ben- The Federal Home Loan Bank System them to serve a larger universe of depository efit from increased competition if rural commu- serves an active and successful role in financ- institution lenders more efficiently, and it will nity banks are provided enhanced access to ing community lending and affordable housing return control of the Banks to their regional capital markets. through the Affordable Housing Program boards of director who are in the best position Access to liquidity through the FHLB Sys- (AHP) and the Community Investment Pro- to determine the needs of their local markets. tem benefits well-managed, adequately-cap- gram (CIP). The AHP program provides low- At the same time, it will provide for the safety italized community banks. For these banks, cost funds for member institutions to finance and soundness oversight necessary to ensure term advances reduce interest rate risk. In ad- affordable housing, and the CIP program sup- that this large, sophisticated financial enter- dition, the ability of a community bank to ob- ports loans made by members to community- prise maintains its financial integrity and con- tain advances to offset deposit decreases or based organizations involved in commercial tinues to meet its obligations. to temporarily fund portfolios during an in- and economic development activities to benefit I first offered comprehensive legislation to crease in loan demand reduces the bank's low-income areas. modernize the Bank System in 1992. The leg- overall cost of operation and allows the institu- The Federal Home Loan Banks' loans (ad- islation is the culmination of efforts over the tion to better serve their market and commu- vances) to their members have increased last three years to address in a balanced way nity. steadily since 1992 to the current level of the concerns of the Banks' member institu- Used prudently, the FHLB System is an in- more than $122 billion. Since 1990, the Banks tions, community and housing groups, and tegral tool to assist properly regulated, well- have made $7.1 billion in targeted Community various government agencies. Together with capitalized community banks, particularly Investment Program advances to finance my respected colleague, Rep. PAUL KAN- those who lend in rural areas and underserved housing units for low- and moderate-income JORSKI, I look forward to passage of this im- neighborhoods, a more stable funding re- families and economic development projects. portant legislation to modernize an institution source for intermediate- and long-term assets. In addition, the Banks have contributed more that works to improve the availability of hous- With that in mind, I have introduced this leg- than $350 million through their Affordable ing finance and the opportunity of credit for all islation today to enhance the utility of the Fed- Housing Programs to projects that facilitate Americans, particularly those who are under- eral Home Loan Bank System. I want the mis- housing for low- and moderate-income fami- served. sion of the system to remain strong in the abil- lies. f ity to help Americans realize the dream of While these figures are impressive, the Fed- home ownership, but equally as important: I eral Home Loan Bank System needs some HOMEOWNERS’ INSURANCE want the System to enrich the communities in fine tuning to enable it to continue to meet the AVAILABILITY ACT OF 1997 which Americans build their dreams. needs of all its members in a rapidly changing America is the world capital of free enter- financial marketplace. The Enterprise Re- HON. RICK LAZIO prise. Free enterprise is the foundation on source Bank Act of 1996 recognizes the OF NEW YORK which the ``American Dream'' is built, and it is changes that have occurred in home lending IN THE HOUSE OF REPRESENTATIVES the engine by which ``American ingenuity'' is markets in recent years, which is reflected in driven. My legislation will help nurture Amer- the present composition of the Bank System's Tuesday, January 7, 1997 ican free enterprise. That is why I call this bill membership. Enacting this legislation will en- Mr. LAZIO of New York. Mr. Speaker, today the ``Enterprise Resource Bank Act.'' hance the attractiveness of the Banks as a I introduce the Homeowners' Insurance Avail- The Enterprise Resource Bank Act will source of funds for housing and related com- ability Act of 1997 as a first step toward ad- strengthen the System's mission to promote munity development lending, and will encour- dressing the exploding costs of Federal natu- residential mortgage lending (including mort- age the Banks to maintain their well-recog- ral disaster assistance. Between 1988 and gages on housing for low- and moderate-in- nized financial strength. Specifically, my legis- 1994, the Federal Government spent more come families. Enterprise Resource Banks will lation: targets the Bank System's mission in than $45 billion in disaster assistance, of facilitate community and economic develop- statute to emphasize the System's important which approximately half was for residential ment lending, including rural economic devel- role of supporting our nation's housing finance losses. Like coastal areas in many parts of the opment lending. And Enterprise Resource system and its potential role of supporting country, the shoreline homeowners in my Banks will facilitate this lending safely and economic development by providing long term Long Island district have been particularly hard soundly, through a program of collateralized credit and liquidity to housing lenders; estab- hit by recent winter storms and nor'easters. January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E67 The force of such natural disasters have left surers after a major hurricane; the Califor- Unlike plans directly involving the federal Long Island's south shore coastline, and other nia Earthquake Authority, a state-run, pri- government in the business of providing coastal areas throughout our Nation, in a deli- vately funded entity offering earthquake in- homeowners insurance to consumers or rein- surance coverage to homeowners throughout surance coverage to individual insurance cate state. In this environment, States have the state, and the Hawaii Hurricane Relief companies, this legislation limits federal in- begun to experience declining homeowners in- Fund, the sole source of residential hurri- volvement to a direct relationship with the surance availability in disaster-prone areas. cane insurance coverage throughout the is- states. This bipartisan legislation provides a Federal lands. The federal program is completely vol- backstop for state-operated insurance pro- Besides the programs mentioned above, untary. It does not compel any state to par- grams, and complements existing insurance proposals are under varying degrees of con- ticipate. In fact, the sale of federal insurance sideration in Texas, Louisiana, New York, can only occur once a state has gone to the industry efforts without encroaching upon the North Carolina and Virginia. In New York, trouble and assumed the risk inherent in cre- private sector. The bill allows State officials more than 62,000 homes and businesses in ating a homeowner’s insurance availability and local industry leaders to create the most inter-city and coastal communities cur- program. If the private market is function- appropriate solutions to State and local needs. rently are covered by the New York Property ing adequately, or if local availability prob- The Homeowners' Insurance Availability Act Insurance Underwriting Authority, a state- lems can be addressed without the need of a of 1997 authorizes the Secretary of the Treas- sanctioned insurer of last resort. Other pro- larger solution, then the federal program is a ury to offer annual Federal reinsurance con- posals, including one similar to the Florida non-issue. tracts to eligible State insurance programs Catastrophe Reinsurance Fund, are likely to HOMEOWNERS’ INSURANCE AVAILABILITY ACT be proposed in Albany in coming months. OF 1997—SECTION-BY-SECTION ANALYSIS Covered losses include residential property It is appropriate that solutions to address losses resulting from earthquakes and hurri- Section 1: Title cited as ‘‘Homeowners’ In- insurance availability originate at the state surance Availability Act of 1997’’ canes, as well as other losses determined ap- level. The magnitude of risk, as well as the Section 2: Congressional Findings that propriate by the Secretary. The bill requires size and nature of the local insurance mar- homeowners’ insurance is becoming increas- neither States nor individuals to participate in ket, differs from one jurisdiction to the next. ingly difficult to purchase, due to increased the program, and envisions an entirely self- What works in one locale may not be viable natural disasters and that there is a federal sustaining insurance fund with no direct tax- in another. State insurance commissioners role in providing a reinsurance program for and state legislatures are in the best posi- payer liability. Total Federal coverage is states that meet those needs beyond the ca- tion to determine the proper design for any pacity of the state’s claims paying capacity. capped at $25 billion, and is phased in over a program to address local needs. Section 3: Program Authority to the Sec- period of 4 years. However, there are certain limitations to retary of Treasury to provide a federal rein- In introducing this bill, we pay tribute to the what a state can do. A state program will surance program through reinsurance con- late Congressman BILL EMERSON and his ef- likely have sufficient capacity to cover the tracts through a Disaster Reinsurance Fund forts to provide protection for American fami- vast majority of possible catastrophes. How- (Fund) in Sec. 9. lies from the devastation of natural disasters. ever, some events are so large as to drain Section 4: Eligible Purchasers are state in- even the most carefully constructed state surance programs and state reinsurance pro- Over the last several years, Congressman EM- program. Even though the chances of such grams. ERSON attempted to comprehensively address an event are low, the very possibility of one Section 5: Qualified Lines of Coverage pro- the multitude of issues surrounding natural has a chilling effect on the creation of state vide specifically for residential property and disaster assistance. Although this bill will be programs as well as the recovery of the pri- other losses as determined appropriate by devoted solely to providing State-run insur- vate insurance market. the Treasury Secretary. ance programs with Federal reinsurance, I The Florida Catastrophe Reinsurance Section 6: Covered Perils include (i) earth- look forward to other free-standing legislation Fund, the California Earthquake Authority quakes, (ii) perils ensuing from earthquakes and the Hawaii Hurricane Relief Fund all (fire and tsunami) and, (iii) hurricanes. that addresses the variety of relevant issues. share the problem of being unable to cover Section 7: Terms of Reinsurance Contracts Improving homeowners insurance availabil- losses from the worst-case disasters. For ex- are no more than 1 year, with claim pay- ity in disaster-prone areas will be one of my ample,, both the Florida fund and the Cali- ments only to state insurance or reinsurance highest priorities during the 105th Congress. fornia authority would be insolvent after dis- programs and a payout at the occurrence and The Homeowners' Insurance Availability Act of asters causing more than $10 billion in in- level where disasters costs exceed the state’s 1997 continues the working partnership be- sured residential losses. While that level of claim paying capacity. Qualified losses in- tween the Federal Government and States loss is higher than that experienced to date, clude only property covered under the con- and provides improved safeguards that many including the Northridge Earthquake and tract that are paid within a 3 year period Hurricane Andrew, the possibility of events from the natural disaster event. Pricing is homeowners in disaster-prone areas des- in the $10 billion plus range are certainly established by the Secretary, in consultation perately need. The consequences of insur- possible. Similarly, the Hawaii fund also has with the Independent Commission on Catas- ance illiquidity, in the form of lower property a limit well below the theoretical exposure trophe Risks and Insurance Loss Costs and values and fewer home resales, must be ad- in the state. The fund’s maximum capacity based on actuarial analysis, a risk load not dressed. I look forward to hearings across the is $1.5 billion, which is roughly the loss from less than 2 times the risk-based price and ad- country in our most vulnerable areas, listening Hurricane Iniki. ministrative costs. Finally, in cases where In the aftermath of a large disaster that to industry experts, State officials and families Treasury borrowing occurs, contract pur- exceeds a state program’s capacity, it is chasers and recipients of aid from proceeds affected by catastrophe, as we perfect this likely that many homeowners insured by of borrowed funds are required to continue legislation that is long overdue. these programs will not be immediately or purchasing contracts until borrowed funds The following are a section-by-section anal- fully compensated for their losses. In fact, are repaid. ysis and background summary of the legisla- the California and Hawaii programs must, by Section 8: Level of Retained Losses and tion to be included in the RECORD. law, prorate claims if funds are inadequate Maximum Federal Liability is limited to HOMEOWNERS’ INSURANCE AVAILABILITY ACT to cover all losses. Because there are no contracts at $2 or $10 billion or any other OF 1997 precedents, one can only speculate what the amount determined by the Secretary with consequences of these funding shortfalls the limitation that contracts are greater BACKGROUND might be. However, an increase in mortgage than the current claims-paying capacity of The rising toll from natural disasters has defaults and a drop in real estate values are the state operated plan with a maximum placed a severe strain on homeowners’ insur- likely. yearly liability of $25 billion. The Secretary ance markets in many parts of the country Lacking some additional backstop, state is authorized to phase-in maximum yearly li- in recent years. Events such as Hurricane residential insurance programs are destined ability during the initial 4 years of the pro- Andrew and the Northridge Earthquake have to fail at precisely the moment they are gram. Annual adjustments are authorized. demonstrated that insurers face the risk of most needed. That is why a complimentary Section 9: Disaster Reinsurance Fund is es- insolvency if they are overly concentrated in program at the federal level is so critical. tablished within the Treasury Department to areas prone to large earthquakes or hurri- Such a program will improve the effective- accept proceeds from the sale of contracts, canes. As a result, many insurers have with- ness of state initiatives and help ensure that borrowed funds, investments or other drawn from these markets or stopped under- claims after a major catastrophe will be paid amounts. Borrowed funds are limited to an writing new business, thereby making home- in full. In addition, maintaining the integ- amount not to exceed the Fund’s capacity to owners’ insurance difficult to obtain. rity of state programs even after large losses repay within 20 years, with appropriate in- State insurance commissioners and state will help stabilize private insurance markets terest. Except for borrowed funds or start-up legislatures have created programs to pre- and encourage new protection of home- costs in Section 10(g), no federal funds are vent or forestall an insurance availability owners’ investments. authorized or appropriated for the Fund. crisis in several instances. These efforts in- Creating a federal insurance backstop to Section 10: National Commission of Catas- clude the Florida Catastrophe Reinsurance state homeowners’ insurance availability trophe Risks and Insurance Loss Costs is es- Fund, a state-mandated, privately funded programs has several advantages over other tablished with an appropriation of $1 million pool providing a backstop to residential in- proposals that have been considered. for initial start-up costs. E68 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 Section 11: Report on Secondary Market In the aftermath of the Savings and Loan strongly believe that changes need to be Mechanism For Reinsurance Contracts re- [S&L] crisis, Congress empowered the Federal made so the abuses I described do not con- quires the Treasury Secretary to create a Deposit Insurance Corporation [FDIC], the tinue during the resolution of future failures. mechanism to sell excess-loss contracts (at least 20 percent of the total written dollar Resolution Trust Corporation [RTC], and other While I understand, but do not necessarily value) in the capitol markets and report agencies to prosecute the S&L crooks and agree with, the need to use excessive force to back to Congress, within 18 months, with pursue other wrongdoers through civil suits to resolve the S&L debacle, the time has come recommendations for statutory change. collect damage awards to lessen the taxpayer for the pendulum to swing back to the center. Section 11: Definitions. costs of the thrift debacle. This bill will accomplish this. f Although the government's efforts have f been successful in carrying out Congress' AGRICULTURE ADVISORY BOARD mandate, government agencies have launched COMMENTS UPON INTRODUCTION a zealous civil litigation campaign against any- OF THE RATEPAYER PROTEC- HON. JERRY F. COSTELLO one even remotely connected to a failed bank TION ACT OF ILLINOIS or thrift. Litigation against marginal defendants IN THE HOUSE OF REPRESENTATIVES and the use of highly-paid outside counsel HON. CLIFF STEARNS Tuesday, January 7, 1997 have aggravated the credit crunch in the early OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Mr. COSTELLO. Mr. Speaker, I rise today in 1990's. Directors and officers in financial insti- recognition of a group of individuals who have tutions are reluctant to make character loans Tuesday, January 7, 1997 or business loans with any element of risk for been of great service to me during the past 2 Mr. STEARNS. Mr. Speaker, I rise today to fear that they could be accused of negligence years. This group is the Agriculture Advisory introduce legislation that will not only save by the regulators if the loan ever failed. Cur- Board for the 12th Congressional District of Il- American consumers billions of dollars, but rently, banks and thrifts have found it difficult linois. The 13 members of the Ag Advisory also reduce Federal regulation and promote to attract qualified bank directors and officers Board members represent each of the nine competition in the electric power industry. counties in the district. The group met several because of the campaign of fear brought on My bill will prospectively repeal section 210 times throughout the 104th Congress. by the regulators. of the Public Utility Regulatory Policies Act of Taxpayer funds have been wasted and the This last Congress will be memorable one 1978ÐPURPA. Section 210 mandates utilities lives and reputations of countless individuals for the agricultural community. The recently to buy power from a certain privileged class of are being ruined. In their fervor to squeeze implemented Farm Bill of 1996 has changed generators of electricity at prices set not by every last dollar out of S&L and bank profes- the way producers receive payments from the the free market but by the government. In fact, sionals, the RTC and the FDIC are spending Federal Government. These payments, set at the independent Utility Data Institute estimates an inordinate amount of time and money pur- specified decreasing amounts each year for that consumers pay as much as $8 billion a suing marginal cases in which the culpability the next seven years, replaces the former sys- year more for their electric energy as a con- of the defendants is highly questionable. tem of deficiency payments, which payed sequence of this anti-competitive mandate. farmers based on market conditions. The leg- Faced with an enormous pool of potential indi- Simply put, PURPA is a Federal barrier to a islation also recognizes the need for greater viduals to sue, the FDIC and the RTC have more efficient, cost-effective, and competitive exports of our American-grown commodities. employed over 2400 law firms, paying them electricity industry. Each day we wait to deal Illinois is a leader in the production of corn, more than $504 million in 1992 alone. These with PURPA is another day that this mandate wheat and soybeans. The opportunities for law firms had little incentive to reduce tax- distorts electric markets and creates liabilities greater exporting will improve the economy in payer costs and every incentive to bill thou- that will become stranded investments. Al- each member's town and throughout the state. sands of hours in the pursuit of former direc- ready, PURPA is estimated to have burdened I commented each member for giving of his tors and officers, regardless of their culpability. the market with over $38 billion in stranded time and insights to help make well-informed Meanwhile, defending these suits is a costly, costs. decisions. The members of my Agriculture Ad- demeaning, and time consuming enterprise. As I said upon introduction of virtually iden- visory Committee during the 104th Congress Many defendants have agreed to costly settle- tical legislation during the 104th Congress, my were Mike Campbell of Edwardsville, John ments, regardless of guilt, in order to avoid only interest in introducing this bill lies in Deterding of Modoc, Lawrence Dietz of bankruptcy. achieving the most efficient and most cost-ef- DeSoto, Edwin Edleman of Anna, Greg Guen- The Lending Enhancement Through Nec- fective means of electric generation for Ameri- ther of Belleville, Craig Keller of Collinsville, essary Due Process Act will remedy these ca's consumers. I am prepared to move for- Marion Kennell of Thompsonville, Vernon types of abuses and still allow the regulators ward with this bill as introduced, or as a part Mayer of Culter, Dave Mueller of East Alton, to pursue culpable individuals. First, accused of a much broader legislative effort. Indeed, I directors and officers will be allowed to assert Larry Reinneck of Freeburg, Bill Schulte of am anxious to work with Chairman SCHAEFER, defenses to overreaching accusations. One Trenton, Jim Taflinger of Cache, and Lyle Chairman BLILEY, the House Committee on Wessel of Columbia. example is the business judgment defense. Commerce, and all other interested parties as I am pleased that these gentlemen will be The courts in all of the States recognize the Congress moves forward with its comprehen- staying on the Ag Advisory Board during the business judgement rule either by case law or sive examination of the industry. But it must 105th Congress. The Farm Bill has brought by statute. This bill will establish defenses for be noted that we can take an important step about spending cuts in many farm programs, business judgement, regulatory actions and toward the laudable end with the timely and and each board member's input will be critical unforseen economic consequences. sagacious elimination of PURPA's unneces- Second, this legislation would require that to me as I review the various Federal pro- sary and costly Federal mandate. grams in an oversight and appropriations ca- regulators have good cause to obtain the per- Everyone will agree that we must begin to pacity. I look forward to working with each sonal financial records of potential defendants. explore a move toward an electricity industry member on agricultural matters during the The current practice is to ask for the financial that is based on competition, market force, 105th Congress. I ask my colleagues to join records of all parties and then sue the richest, and lower prices for ratepayers. This is cer- me in recognizing these individuals. regardless of culpability. This bill requires that tainly my objective as I introduce this impera- the regulators demonstrate a violation of the f tive aspect of electricity reform legislation. law and the likelihood that the individual will f LENDING ENHANCEMENT dissipate assets. THROUGH NECESSARY DUE Third, this act will give defendants additional INTRODUCTION OF THE MEDICARE PROCESS ACT protection to prevent the freezing of their as- PREVENTIVE BENEFIT EXPAN- sets without good cause. Finally, the standard SION ACT OF 1997 HON. BILL McCOLLUM for director and officer liability will be clarified by stating that the standard is gross neg- OF FLORIDA HON. WILLIAM M. THOMAS IN THE HOUSE OF REPRESENTATIVES ligence rather than simple negligence. I under- OF CALIFORNIA stand the Supreme Court has seen it nec- IN THE HOUSE OF REPRESENTATIVES Tuesday, January 7, 1997 essary to take a closer look at the standard of Mr. MCCOLLUM. Mr. Speaker, I rise today negligence as it applies to these cases. Tuesday, January 7, 1997 to reintroduce the Lending Enhancement Mr. Speaker, although most of these cases Mr. THOMAS. Mr. Speaker, today I join with Through Necessary Due Process Act. have been brought to their final disposition, I Mr. BILIRAKIS and Mr. CARDIN in introducing a January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E69 bill which will strengthen Medicare's coverage and not the arbitrary determinations of a VEHICLE FORFEITURE FOR of certain preventive health care. This is a Washington bureaucracy. REPEAT DRUNK DRIVERS step in the right direction for our seniorsÐand This legislation should make significant for the Medicare Program. Preventive health strides in improving the health care system for HON. EARL BLUMENAUER care can translate into improved health and a Medicare beneficiaries diagnosed with breast, OF OREGON better quality of lifeÐand at the same time, re- cervical, colorectal, prostate cancer, and dia- IN THE HOUSE OF REPRESENTATIVES duce long-term health expenses. The private betes. We will do more, since new technology Tuesday, January 7, 1997 sector has for many years offered preventive will enable early detection of other diseases. benefits in insurance programs for working Mr. BLUMENAUER. Mr. Speaker, as sure This bill will make a difference in millions of Americans. Medicare can do the same for as we are standing here tragedy will strike senior citizens. lives and for thousands of families, and I am again on America's roadways. Within the next In past years, we examined Medicare's cov- proud to introduce this bill today, at the begin- few week there will be another national exam- erage policy for the possibility of expanding it ning of the new 105th Congress. ple where repeat drunk drivers lay carnage on to include certain preventive care. But each our streets. time, the Congressional Budget Office con- f Sadly, this is an all too frequent occurrence cluded that this would significantly increase in our county. Over 17,000 people a year are Medicare costs. Last year, for the first time, TRUE ELECTORAL REFORM: TERM killed because of drunk driving and hundreds CBO agreed that certain preventive health LIMITS WITH 3 4-YEAR TERMS of thousands are injured. benefits could actually save Medicare money. I have a long standing commitment to doing Using this new level of understanding, we de- everything possible to stop people from getting cide to include these savings and develop a HON. BILL McCOLLUM behind the wheel after drinking too much. As a member of the Portland City Council, I intro- responsible preventive health care program for OF FLORIDA our elderly. More important than the dollars we duced the first ordinance in the country to take IN THE HOUSE OF REPRESENTATIVES away the cars of repeat drunk drivers. This will save over the long term, this legislation law has had a dramatic effect. assembles preventive methods that will save Tuesday, January 7, 1997 In Portland we have confiscated almost a lives and enhance the quality of life for individ- thousand cars and forfeited almost a third of Mr. MCCOLLUM. Mr. Speaker, today I am uals suffering from certain medical conditions. those. Most importantly it has made a dif- In addition, these measures will empower sen- introducing a proposed amendment to the ference in terms of repeat drunk driving. iors to have more control over their health Constitution that will not only limit the number From 1994 to 1995, drunk driving deaths in- through early detection of diseases, thereby of terms a Member of Congress may serve. creased nationally. During that same time pe- increasing treatment options in many cases, This proposal would extend the length of a riod, we saw a 42-percent decrease in these and by educating patients on how to success- single term in the House from 2 to 4 years. fatalities in Portland. Empirical studies show fully manage their conditions. Senators would remain in 6-year terms. when you take away the car of the repeat The American Cancer Society estimates The arguments for term limits are well- drunk drivers it does get their attention, and that one million people will be diagnosed with known. The Founding Fathers could not have the recidivism rate has dropped. This is a pro- cancer this year, and there are more than 10 envisioned today's government, with year- gram that works. million people alive today with a history of round sessions and careers in Congress. Today I am reintroducing what was my first cancer. Those who fight cancer, as either a Term limits would eliminate the careerism that piece of legislation as a Member of the U.S. patient or as a caregiver, know the tremen- permeates this institution, enticing Members to Congress. Currently States must meet five of dous burden such a battle brings. There is work toward extending their careersÐa goal seven eligibility criteria to receive a share of great financial cost for individuals, families, sometimes at odds with the common good. the $25 million in Federal drunk driving and society as a whole; the National Cancer counter measure grants. My proposal will add Institute estimates national costs for cancer to There are simply too many competing interest groups. another criteria to choose from, a program to be more than $100 billion each year. By pro- confiscate the cars of repeat drunk drivers, viding Medicare beneficiaries with the access However, my proposal takes the essence of like we've done in Portland. to expanded prevention procedures through term limits, to limit the influence of careerism I'm convinced that this simple step is going coverage of mammographies, pap smears, and the incessant campaigning it requires, by to move dramatically and spread the forfeiture pelvic exams, and colorectal and prostate increasing the length of a term in the House concept around the country. Already, over 60 screenings, this legislation seeks to reduce of Representatives. Currently, each Member of cities and counties have requested information suffering and save lives by detecting cancer at the House serves 2-year terms. That means on our program. an earlier, more treatable stage. that after each election, a House incumbent When so many issues pit one group against We also address a disease affecting more must begin campaigning again almost imme- another, it is encouraging that taking away the than 15 million AmericansÐdiabetes. Without diately. This dangerous cycle almost never cars of repeat drunk drivers has had such a detection or proper treatment, diabetes can stops. A 4-year term would mitigate this to a broad coalition behind it. Law enforcement lead to kidney failure, amputation, nerve dam- certain degree. Looking at it another way, a agencies, advocates like the Mothers Against age, blindness, extended hospitalizations, person would have to run only three times to Drunk Driving, beer and wine distributors, and heart disease, and strokes. Medical care for serve the maximum number of years. That is others have all lent their support for Portland's diabetic patients costs more than $100 billion certainly an improvement, especially when tied program. I have begun to reach out to national per yearÐaccounting for 15 percent of all to term limits. coalitions and will continue to work with them health care costs in the United States and a on perfecting this bill. Mr. Speaker, it is important to note that a 4- quarter of all Medicare costs. These medical f year term will not eliminate the House of Rep- complications and resulting costs are often NATURAL DISASTER PROTECTION avoidable through patient education on proper resentatives' function as the people's House. AND INSURANCE ACT nutrition, exercise, blood sugar monitoring, ac- Today's technology almost instantly allows tivity and medication so that patients can take people in Washington, DC to know how the charge of their wellness. We not only em- people they represent in their district feel HON. BILL McCOLLUM power people to take back control of their about issues of the day. No longer must Rep- OF FLORIDA health care through patient self-management resentatives periodically make the trek home IN THE HOUSE OF REPRESENTATIVES training, but we ease the financial burden by to put themselves back in touch with the local Tuesday, January 7, 1997 wants and needs. Now we fly home on week- including blood-testing strips as durable medi- Mr. McCOLLUM. Mr. Speaker, today I rise ends, read our local papers in DC, receive cal equipment for the purposes of Medicare to introduce the Natural Disaster Protection countless polls and tune in to the news. coverage. We also recognize the necessity of and Insurance Act. As many of my colleagues improving diabetes treatment and have added In the end, Mr. Speaker, there will be no know, I have taken a great interest in past ef- provisions requiring the Secretary of Health loss of service by lengthening the term of of- forts to reduce the impact of catastrophic dis- and Human Services to establish outcome fice while limiting them. Indeed, it will improve asters. measures to be reported to the Congress so as more attention is paid to legislating instead We know that areas most likely to experi- we can change and adapt our coverage poli- of campaigning. This is a complete reform ence natural disasters, like my State of Flor- cies to reflect the medical needs of patients package deserving of our attention. ida, are currently experiencing population E70 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 growth. As the population grows, demand for try. However, we should use the Federal Gov- of fine work both domestically and internation- insurance grows while property values in- ernment as a tool to complement the efforts ally. crease. Unless affordable insurance is avail- being made by the private sector to deal with able to these property owners, the Federal natural disasters. f Government will continue to face open-ended I have introduced a bill that contains three liability. According to a policy paper prepared main parts to address the issues created by IT IS TIME FOR TERM LIMITS by the Clinton administration, private insur- natural disasters. First, this bill provides imme- ance plays a critical role in providing financial diate relief in the form of reinsurance for pri- protection to living in disaster-prone areas by mary insurers through a fiscally responsible HON. BILL McCOLLUM assisting in rebuilding, providing emergency prefunded bond approach. Currently, there is OF FLORIDA living expenses, and reducing income losses. a shortage of mega-catastrophe reinsurance In fact, since 1989, private insurance compa- available for primary insurance companies and IN THE HOUSE OF REPRESENTATIVES nies have paid claims amounting to more than this bill will bring much-needed capital to those Tuesday, January 7, 1997 $30 billion. high excess layers of risk. Second, this bill Furthermore, a document issued by the calls for a study regarding the viability of Mr. McCOLLUM. Mr. Speaker, I am pleased Senate Bipartisan Task Force on Funding Dis- changing the Tax Code to encourage insur- aster Relief in 1994 concluded that, between to introduce a proposed amendment to the ance companies to reserve for catastrophic Constitution limiting the terms of Members of fiscal year 1977 and 1993, the Federal Gov- events. Third, this bill has a mitigation compo- ernment spent approximately $120 billion on the House to 12 years of service and Senators nent designed to keep damage caused by nat- to 12 years of service. This is a proposal I natural disasters. ural disasters to a minimum when they inevi- Mr. Speaker, the problem at hand is that the have enthusiastically pushed for over the tably strike. years and one I continue to support. demand for insurance in disaster-prone areas This bill follows the important bipartisan is increasing while the supply of private insur- work on this issue by Senator STEVENS, Sen- Many may remember the term limits bill the ance has not kept pace. Many large insurance ator DAN INOUYE, and former Congressmen House considered in March 1995 as part of companies which would ordinarily be compet- BILL EMERSON and NORM MINETA. I believe this the Contract with America. This is the exact ing for this premium income in disaster-prone bill creates a framework that contains the es- same bill. I was excited when the first ever areas have stopped writing new policies, while sential elements to begin the dialog on this im- vote in the House produced 227 ayes. While many other small- and medium-size compa- portant issue facing this Nation. Congress this is a majority, it was not the two-thirds ma- nies have been reluctant to fill in the resulting needs to take a leadership role in bringing to- jority needed to pass a proposed constitutional gaps due to their fear of a truly catastrophic gether all those involved in natural disaster amendment. I look forward to addressing this event. planning in order to reach a resolution to this issue again in the 105th Congress. Prior to the large number of disasters that began in the late 1980's, actuarial techniques issue. I plan on working with my colleagues, The arguments for term limits are numerous used by insurance companies were inad- the administration, State, and local govern- and persuasive. Volumes could be written on equately reserving for disasters. For example, ments, and with industry to find the right solu- the issue, but I would like to stress one point. losses were estimated on a 30-year cycle. tion for the American people. It is my hope Term limits are not simply to create turnover From late 1950 until the late 1980's few disas- that we can hold hearings on this subject for the sake of turnover. Sure, it is important ters occurred. As a result, prices for cata- soon. to get fresh blood in Congress, but it is more strophic insurance were low compared to the f important to change the institution as a whole actual risk carried by U.S. insurers. INTERNATIONAL CUSTOMS DAY in a manner that only term limits can achieve. Due to the lack of insurance coverage avail- Term limits would end the pervasive careerism able, my home State of Florida has embarked HON. PHILIP M. CRANE in Congress. on the only path available after the devasta- Mr. Speaker, the status quo in Congress en- tion of Hurricane Andrew. It has set up the OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES courages longevity in service. One's impact in Florida Catastrophe Fund and enhanced the Congress is almost always directly related to Joint Underwriting Association and Windstorm Tuesday, January 7, 1997 the length of time the Member has served. Association, both of which are to be the insur- Mr. CRANE. Mr. Speaker, January 26 has This is due to the fact that the House and ers of last resort for those who are unable to been designated by the World Customs Orga- Senate are directed primarily by the elected find insurance. However, no one should be nization [WCO] as International Customs Day, leadership and the full and subcommittee forced to seek coverage from a more-expen- a time to give recognition to customs services sive, less-responsive Government program, so chairmen. Few rise to these levels without sig- around the world for the role they play in gen- it is incumbent on us as policymakers to find nificant time served. erating revenue and protecting national bor- the proper incentives for the private sector to Therefore, many Members will do their best ders from unauthorized imports. write more coverage. Otherwise, I can only to stay in Congress as long as possible, mak- The U.S. Customs Service represents the believe this is a manmade disaster waiting to ing it a career. It is my firm belief that human United States in the World Customs Organiza- happen. nature dictates that most Members of Con- tion which, since 1953, has grown into a 142- Our experience with State insurance pools gress, whether Republican or Democrat, are member international organization. The demonstrate that States cannot go it alone going to worry more about getting reelected WCO's purpose is to facilitate international when they are ravaged by destructive occur- than anything else in the career oriented envi- trade, promote cooperation between govern- rences. Therefore, I believe action at the Fed- ronment of the present system. Consequently ments on customs matters, and standardize eral level is needed to encourage private in- the tendency of most will be to try to please and simplify customs procedures internation- surance companies, including smaller and me- every interest group in order to get reelected. dium-size companies, to continue insuring in- ally. It also offers technical assistance in the areas of customs valuation, nomenclature, and While term limits would not completely end dividual homeowners and businesses in areas this attitude, it would mitigate it considerably prone by natural disasters. Additionally, action law enforcement. The organization's objective is to obtain the highest possible level of uni- because term limits would mean that when at the Federal level can be instrumental in en- somebody is elected to Congress they would couraging high-risk areas to better prepare for formity among the customs systems of its member countries. The involvement of the know that they were only coming here to such events. serve a short period of time, not to make a ca- Fortunately, a lot of exciting and innovative U.S. Customs Service in the WCO reflects the reer out of it. I am firmly convinced that this thought is taking place in the insurance indus- recognition that our country and its trading is the single biggest obstacle to getting a bal- try. For example, many insurance companies partners benefit when international trade is fa- anced budget and making some of the tough are teaming up with investment banks to bring cilitated by simple, unambiguous customs op- decisions that have to be made as we move capital to their markets by securitizing risk and erations around the world. into the 21st century. thereby increasing the amount of exposure I take this opportunity to offer my congratu- they can carry. This innovative development lations to the World Customs Organization on Finally, Mr. Speaker, term limits is sup- will help alleviate the shortage of insurance for its past accomplishments and wish it well in its ported by over 70 percent of Americans. This those in disaster-prone areas. ambitious efforts to further harmonize and sim- is not a partisan issue. It is a sound proposal We, in Congress, should not do anything plify customs regulations. I also congratulate with popular support. Isn't it time that Con- that stifles this creative spirit within the indus- the U.S. Customs Service for its many years gress passed this critical reform? January 7, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E71 INTRODUCTION OF THE STOP bank is formed through an agreement be- ‘‘It was inappropriate,’’ the President says SWEATSHOPS ACT OF 1997 tween regulatory agencies and the bank spon- with a fine show of chin. Screening must be sor. The entity establishing the mitigation bank tightened! Republicans and Democrats un-in-love HON. WILLIAM (BILL) CLAY is then given mitigation credits for work on the with Mr. Clinton say no, the problem is po- OF MISSOURI wetlands. Credits are assigned by State and litical money. IN THE HOUSE OF REPRESENTATIVES Federal regulators, including local water man- Wang Jun, the Chinese Army’s chief arms agement districts and the Army Corps of Engi- broker, missile salesman and weapons smug- Tuesday, January 7, 1997 neers. These credits can be used as a ``debit'' gler, was brought to a White House reception Mr. CLAY. Mr. Speaker, last year, I joined at another site to offset unavoidable damage by an Arkansas businessman who became a hotshot Democratic fund-raiser. with Senator KENNEDY and more than 50 other to wetlands. Taking some of the stink out of fund-rais- Members of Congress to introduce legislation Mr. Speaker, this process is becoming more ing would be real nice. But it won’t get at to curb the reemergence of sweatshops in the and more widespread. Because of the poten- the why and how come of Mr. Wang, whose domestic garment industry. Today, I am intro- tial impact mitigation banking has for the na- job is to make money and build power for the ducing that legislation once again. tion, it is important to examine it further to bet- Chinese armed forces by peddling weapons Sweatshops have returned to the apparel in- ter identify both the advantages and disadvan- worldwide, and whose name is known to dustry in the United States in numbers and tages of the process. My bill allows the Corps every China expert, spook and high military forms reminiscent of the turn of the century. to conduct a study which analyzes the estab- officer in the world, getting to a White Sweatshop employers exploit those who work House do with the President. lishment and use of mitigation banks under Nor will it deal with the hypocrisy of the for them, sometimes subjecting workers to current federal guidelines and Florida law to Administration now clucking about this fel- slave-like conditions. By exploding workers, determine if any further federal action is need- low’s visit in February when the man he re- sweatshop employers derive an unfair and un- ed. Florida was chosen as a study state be- ports to was the official guest of the United lawful competitive advantage that harms law cause it has some of the most advanced stat- States Government just a couple of weeks abiding employers, as well as workers and utes and regulations on mitigation banks, and ago. This one got to the White House not for their families. a large number of mitigation banks have al- a handshake but for a real sit-down meeting The Stop Sweatshops Act of 1997 strength- ready been established and used. with none other than the old screening- ens the ability of the Department of Labor to tightener-upper, Mr. Clinton himself. He is As this realively new procedure begins to Gen. Chi Haotian, who gave the order to kill enforce the Fair Labor Standards Act [FLSA] spread, I believe that it is important that all as- dissidents in and around Tiananmen Square and improves the ability of workers in the gar- pects and potential effects are examined. My in 1989 and was promoted to Defense Minister ment industry to obtain redress for violations bill will provide a study that I hope will clarify by a grateful Politburo. of the act. As importantly, at a time when the the future federal role. I encourage your sup- No, the answer to how these characters got Congress is reducing funds available for en- port for this bill and look forward to working to the White House is not political money or forcement of the labor laws, the bill encour- with many of my colleagues on its passage. screening. It is Mr. Clinton’s decision to base America’s policy about Communist China on ages manufacturers in the garment industry to f trade. deal with reputable contractors and acts to For Beijing, the principal purpose of trade balance market pressures that have encour- REPRESENTATIVE PELOSI HON- ORED FOR HUMAN RIGHTS WORK is to build up its police and military power. aged the reemergence of sweatshops. The biggest owner of Chinese industry and The reemergence of sweatshops represents commerce is the military establishment. It a problem that cannot be allowed to continue HON. FORTNEY PETE STARK uses the profit to build more weapons to sell, to grow. As we approach the 21st century, we OF CALIFORNIA particularly missiles amusingly forbidden under U.S. regulation, and to modernize its have an obligation to eliminate this vestige of IN THE HOUSE OF REPRESENTATIVES the 19th century. I urge my colleagues to sup- armies, including the police army operating Tuesday, January 7, 1997 the Chinese gulag. port this humane legislation. There is no hiding place, not for Mr. Clin- f Mr. STARK. Mr. Speaker, Representative ton, not for America’s allies, not for Amer- NANCY PELOSI was cited in a recent New York ican C.E.O.’s, not for the American consumer THE FLORIDA WETLANDS MITIGA- Times article for her work as a tireless advo- or stockholder: doing business with China TION BANKING STUDY ACT OF cate on behalf of human rights in China. She means providing money for the Chinese 1997 has been the persistent voice reminding this armed forces. So let’s not get all wriggly Congress and the administration that we can- when China’s killers and arms-selling chiefs HON. BILL McCOLLUM not ignore the atrocities in China. They are too show up at our parties. awful, too numerous for us not to recognize. Most of Mr. Clinton’s political opponents OF FLORIDA are trapped by and with him. They went IN THE HOUSE OF REPRESENTATIVES A large market like China can be seductive along with him in sacrificing democracy and for those who see commercial gain to be Tuesday, January 7, 1997 American security to the Trade Gods. So, made. They do not want to see the pain like him, they have to do something when a Mr. McCOLLUM. Mr. Speaker, today I am wrought by the Chinese Government operating killer-salesman comes to Washington. Watch introducing legislation to authorize a study on in its normal course whether it be false impris- them dance. a topic of growing environmental importance, onment, loss of freedom of religion, speech How did a nice young fellow from Arkan- mitigation banking. Specifically, this bill author- and association, proliferation of nuclear weap- sas, who preached human rights when he ran izes the Army Corps of Engineers to conduct ons or even the illegal shipping and sale of for President the first time, sell them out a year later? Why did that nice Assistant Sec- a 2-year study in Florida on the process of au- AK±47s to our own streets. retary of State for China affairs go along, thorizing mitigation banking and its effective- Representative PELOSI is the voice that re- after attacking the early Bush clone of the ness. minds us that there is no such thing as busi- Clinton policy? In an effort to minimize impacts to wetlands, ness as usual with China. She is to be com- Why did Bob Dole, and his party, wipe out mitigation banks have been created. In the mended for her tireless efforts. I commend to any difference of principle between them and past, developers who adversely impacted a you the enclosed article by A.M. Rosenthal: Mr. Clinton on providing China with the huge trade profits to build its military wetland area were required to either restore CLINTON’S CHINA WRIGGLE power? Oh, who cares why; they did. an existing wetland or create a new one. The (By A.M. Rosenthal) Well, it is holiday time. Here’s a fine restoration was usually performed on the im- President Clinton, his supporting cast of present: three names among those Washing- pact site and often resulted in small, scattered bureaucrats and even most of his political tonians who fight for Chinese human rights wetlands which were not effective in maintain- opponents are so twisting the essence of the and American democratic honor. In govern- ing or restoring the overall health of the water- visit to the White House of Communist Chi- ment, Nancy Pelosi, San Francisco’s Rep- shed. na’s top weapons dealer that the deeply im- resentative, and in this cause truly all Amer- A mitigation bank typically consists of a portant meaning is wrung right out of it. ica’s. Among the experts: William C. Triplett large parcel of land on which an entity volun- And that is no accident. 2d, former chief Republican counsel to the Mr. Clinton is doing what comes naturally Senate Foreign Relations Committee; indis- tarily restores, enhances, creates, or pre- at times of political embarrassment, the old pensable to the struggle. In journalism, the serves wetlands and uplands. These entities Washington dance. Wriggle, two, three, four, conservative Washington journal The Week- may be a developer or group of developers, a wriggle, two three, gliiide, everybody sing ly Standard—may its editorials against the public agency, or a private firm that has rights out together: ‘‘Doin’ the White House wrig- sellout of China reach the conservative to land for the creation of a mitigation bank. A gle!’’ movement and awaken the liberal. E72 CONGRESSIONAL RECORD — Extensions of Remarks January 7, 1997 And to all readers who have written that applications on the basis of CRA protests, make a loan based on the characteristics of they will not support the suppression of Chi- some community groups hope to get sizable the neighborhood where the house or busi- nese freedom by purchasing China-made grants or other contracts from banks. This ness is located. Currently no prohibition goods, this column goes with respect and happens all too often. thanks. These people, they just do not know against redlining in fair housing or fair lending how to wriggle. Recently, the Clinton administration has exists, however, courts have interpreted these linked the enforcement of CRA with other fair f statutes to prohibit redlining. By placing a pro- lending statutes. This has placed the Justice hibition on redlining in statute, we will be CREDIT OPPORTUNITY Department in the position of being an addi- sending a clear message that we are opposed AMENDMENTS ACT OF 1997 tional bank regulator. This new bank regulator to discrimination in lending in all forms, wheth- caught the lending industry off guard by using er based on an individual's race, gender, age, HON. BILL McCOLLUM the disparate impact test for proving discrimi- sex, or makeup of the neighborhood where nation. Disparate impact is a controversial the- the individual lives or works. OF FLORIDA ory for proving discrimination in employment This will also clarify that the method chosen IN THE HOUSE OF REPRESENTATIVES law purely using statistical data. Under this to enforce our antidiscrimination laws is clear Tuesday, January 7, 1997 scenario, a lender can be found to have dis- and resides in the fair housing and lending criminated without some element of intent or Mr. MCCOLLUM. Mr. Speaker, today I rise laws. No longer will regulators be forced to without proving that any harm resulted from a to reintroduce the Credit Opportunity Amend- confront laws to attempt to address problems ments Act which will fundamentally reform the lending practice. This legislation remedies these problems that the laws are inadequate for the purpose. Community Reinvestment Act [CRA] of 1977, while ensuring that lenders reinvest in the Third, the Credit Opportunity Amendment and clarify the enforcement of our fair lending communities in which they serve. First, it re- Act adds two criteria to the current use of the laws. places the current system of enforcement and disparate impact theory. First, it requires regu- The original purpose of CRA was to encour- graded written evaluations with a public disclo- lators show actual proof that the lender dis- age banks to loan into the communities in sure requirement. This will dramatically reduce criminated and that the discrimination caused which they maintained deposit taking facilities. unnecessary paperwork and end the extortion- harm to the victim. Second, this legislation re- In addition, the Members of the 95th Con- like nature of the current enforcement mecha- quires the party bringing suit to prove the gress were concerned about redlining, the nism. lender intended to discriminate when making practice of denying loans in certain neighbor- This approach allows bank customers to de- its lending criteria. hoods based on racial or ethnic characteris- cide whether the bank is doing an adequate Finally, by designating a lead regulator to tics. The enforcement mechanism chosen was job in meeting its community obligations; not to have CRA performance taken into account enforce our fair lending and community rein- bureaucrats in Washington or organized com- vestment statutes, we will have more even- when regulators were deciding on applications munity groups. If not, consumers can take handed enforcement of these laws. In turn, by the banks. their business elsewhere. banks will be in a better position to know how When CRA passed in 1977, the Senate re- This will not end the congressional require- port stated that no new paperwork would be ment that banks invest in their community. Nor to comply with them. Currently, confusion is required under the new law. It was believed will it stop organized groups from being in- the most prevailing reaction to the enforce- that examiners had all the information they volved. They will have the enforcement from ment of CRA over the last 15 years and fair needed on hand from call reports and their ex- the public disclosure on the bank's intentions lending more recently. amination reports to enforce CRA. This is not and performance. They can raise any con- The current bill makes substantial reforms to the case. Instead of relying on existing infor- cerns with the bank or the regulators at any CRA which I strongly support. By enacting this mation, regulators have created expansive time. Consumers and the groups representing legislation, we make a bold step to eliminate new reporting requirements resulting in their interests can make their concerns known credit allocations in the guise of CRA and ra- mounds of additional paperwork and many without having the extraordinary authority to tionalize our regulation of the banking industry. wasted hours that could have been used to hold up mergers and other obligations. At the same time, we make it absolutely clear serve the community. The second change in this bill makes the that redlining is unacceptable and is against CRA's enforcement mechanism has gone practice of redlining a violation of the Equal the law. Therefore, Mr. Speaker, I urge my completely haywire. It has become what many Credit Opportunity Act and the Fair Housing colleagues to support my legislation in the refer to as regulatory extortion. By holding up Act. Redlining will be defined as failing to 105th Congress.