25248 EXTENSIONS OF REMARKS October 9, 1998 EXTENSIONS OF REMARKS

75TH ANNIVERSARY OF SUTTER Over the years, Sutter's staff has worked to ice to one of America's great landmarks and HEALTH provide quality pediatric care to poor families the people of the San Francisco Bay area. I in some of Sacramento's most neglected wish all the best for him and his family in their HON. ROBERT T. MATSUI neighborhoods. Through its Keeping Families future endeavors. OF CALIFORNIA Safe and Healthy program, Sutter has helped IN THE HOUSE OF REPRESENTATIVE S to prevent child abuse and neglect, strengthen families, and improve child immunization rates. NUCLEAR WEAPONS AND NORTH Thursday, October 8, 1998 The Sutter SeniorCare program, an innova­ KOREA, IRAQ, AND IRAN Mr. MATSUI. Mr. Speaker, I rise today to tive way to care for the frail elderly in our com­ recognize the 75th Anniversary of one of the munity, helps older people with multiple heart HON. TOM Del.AY nation's leading medical institutions, Sutter problems live as independently as possible. In OF TEXAS Health. As the Sacramento community cele­ the last year, Sutter SeniorCare assisted 238 IN THE HOUSE OF REPRESENT ATIVES brates this milestone, I ask all of my col­ elderly residents in Northern California. Thursday , Octob er 8, 1998 leagues to join me in saluting the excellent Since its founding, Sutter Health has grown work of the Sutter network of medical facilities. from a modest community hospital into a Mr. DELAY. Mr. Speaker, over the last year Seventy-five years ago, a group of Sac­ world-renowned medical center. This remark­ or so I have been appalled at this administra­ ramento physicians joined together to plant able accomplishment deserves recognition tion's foreign policy-or more accurately its the seeds of what has grown into one of the throughout Sacramento and the nation's med­ lack of a foreign policy-with respect to North region's leading medical centers, Sutter Com­ ical community. I ask all of my colleagues to Korea, Iran, and Iraq. I am also joining with munity Hospitals. The founders' passion for join with me in acknowledging the achieve­ Congressmen SAXTON, SALMON, and others their community was matched only by their ments of Sutter Health and proudly recog­ today in introducing another resolution con­ commitment to providing unparalleled medial nizing its 75th Anniversary. cerning the Administration's policies regarding service. Israel. From the founding of Sutter Hospital, the Since agreeing to help find the financing sophistication of medical services provided TRIBUTE TO CARNEY CAMPION and necessary technology to build two nuclear has grown with the needs of the Sacramento reactors for North Korea in 1994, the Clinton community. For example, in delivering more HON. BUD SHUSTER administration has done everything it can to than 260,000 births since its founding, more OF PENNSYLVANIA give Americans the impression that its diplo­ than 8,000 annually, Sutter has become the IN THE HOUSE OF REPRESENTATIVES matic efforts have "frozen and stopped" North leading Women's and Children's Services cen­ Korea's efforts to develop a nuclear arsenal. Thursday, October 8, 1998 ter in the Central Valley of California. However, Newsweek reported last week that Sutter opened Sacramento's first Cancer Mr. SHUSTER. Mr. Speaker, I rise today to when Secretary of State Albright testified to Center in the 1940s. This facility has flour­ recognize one of the pillars of the transpor­ that effect before a classified Congressional ished into a national leader in critical trials for tation industry. Mr. Carney Campion will retire briefing 2 month ago she was quickly refuted treatments of prostate, ovarian, and breast after fourteen years of dedicated service as by the Defense Intelligence Agency. The DIA cancer. Its pediatrics hematology/oncology General Manager of the Golden Gate Bridge, testified that it had concluded months earlier program is one of the busiest in the world. Highway and Transportation District. that the North Korean program to develop nu­ Much of this research is in conjunction with Mr. Campion has spent countless hours im­ clear weapons was and is still under way. the Sutter Institute for Medical Research-the proving the infrastructure and services of the Subsequent intelligence and press reports largest non-university medical research center bridge as well as its surrounding area. He has continue to bear out the fact that the adminis­ in Northern California. shown great leadership in establishing elec­ tration's policy of appeasement has not dis­ The Sacramento area's only heart trans­ tronic toll collection systems on all bridges. His suaded the North Korean drive to develop nu­ plantation center is housed at Sutter. In 1959, mediation skills has kept the focus of the clear weapons and the means to deliver them. the region's first open heart transplant oc­ bridge on commuter use and not political For instance, the North Korean's have an on­ curred there. Recently Sutter's Heart Institute gamesmanship. Bridge safety has been a con­ going effort to bury their nuclear weapons pro­ was recognized as having the second highest sistent goal during his tenure as General Man­ gram underground. Their launch on August survival rate in the United States. ager. Accomplishments in that area include 31 , 1998, of a three-stage ballistic missile­ Sutter Health's tradition of providing leading structural additions for seismic activity and a parts of which landed off the coast of Alaska­ medical care continues to this day. Its use of crossover median barrier to eliminate auto ac­ make such a conclusion undeniable. The Cen­ advanced services and medical devices not cidents. He has also made major strides in the tral Intelligence Agency's senior intelligence only provide the Sacramento area with out­ areas of environmental protection, disability officer for strategic programs was recently standing care, but has also established Sac­ compliance, and coordinated successful cele­ quoted by Washington Post as saying that the ramento as one of the leading centers of med­ brations of the 50th and 60th anniversaries. three stage configuration of that missile could ical excellence in the world. Along with his commitment to the bridge, he well give North Korea the ability to send war­ The quality of physicians, nurses, and other lobbied for the federal funding to purchase a heads across the Pacific. health professionals is superior at Sutter. For section of the Northwest Pacific Railroad for To counter the misimpression that has often the past 75 years, its reputation for excellence future use by his local area of Marin, Cali­ been given the American people on this issue, has consistently attracted the highest quality fornia. He has been an active member of the I am introducing a resolution that calls for the medical personnel. American Public Transit Association and the suspension of the $4- 6 billion agreement to Northern California has also been the fortu­ California Transit Association. Mr. Campion build two light-water nuclear reactors and to nate recipient of Sutter's outstanding commu­ has also made numerous contributions to his provide other assistance to North Korea until nity service endeavors. In the last year alone, community through his work as a 35 year the President certifies that the North Korean Sutter spent more than $51 million on commu­ member of the San Francisco Press Club and government has agreed to cease its efforts to nity services, in addition to the nearly Director of the Marin YMCA and Theatre Com­ build nuclear weapons and the means to de­ $100,000 it gave to our community's non-profit pany. liver them. organizations, such as the American Heart As­ I would like to express my sincere apprecia­ Mr. Speaker, the administration has also sociation and the Sacramento Food Bank. tion and gratitude for his dedication and serv- been pursuing a failed and misleading foreign

e This "bullet" symbo l ide ntifies stateme nts or insertions w hich are no t spoken by a Member of the Senate on the floor. Matter set in this typeface indicates word s inserted or appended , rather than spoken, by a Member of the Ho use o n the floor. October 9, 1998 EXTENSIONS OF REMARKS 25249 policy with regard to Iraq. Earlier this year, President Clinton vetoed the Iran Missile the 1970s and 1980s, the parish experienced President Clinton warned that if Iraq were to Sanctions Act. The President's continued re­ many changes, including several ordinations break the weapons inspection agreement fusal to use existing law to its full extent to im­ to the priesthood, renovations to the church, signed with U.N. Chief Kofi Annan and the pose sanctions against countries and organi­ and a number of staffing changes that dem­ international community failed to act, then zations that help Iran develop and modernize onstrated an impressive level of dedication Saddam Hussein "will conclude that the inter­ its ballistic missile program is yet another fail­ and commitment. national community has lost its will. He will ure on the part of this Administration. While My fellow colleagues, please join me in then conclude that he can go right on and do failing to obstruct the on-going ballistic missile celebrating the 75th anniversary of Saint Vin­ more to rebuild an arsenal of devastating de­ and nuclear weapons programs in Iran, North cent de Paul. The parish has a strong sense struction. And some day, some way, I guar­ Korea, Iraq and other nations, this administra­ of community and a proud heritage to guide it antee you he'll use the arsenal." United States tion has not been bashful in obstructing the ef­ into the future. Secretary of State Madeleine Albright also forts of many of us in Congress to build a de­ stated at the time that if Hussein "reneges on fense for the United States against ballistic this deal, there will be no question that force missile attacks by our potential enemies. is the only way to go." The third resolution I am introducing calls on IN HONOR OF DR. ROBERT BRY­ Of course, the American public now knows the President to impose sanctions against ANT AND WESTMONT COLLEGE the truth. Scott Ritter, a UNSCOM inspector countries and organizations that assist Iran in team leader in Iraq, recently resigned from his obtaining advanced missile technology to the post because of what he termed "interference fullest extent permitted under existing law. The HON. LOIS CAPPS and manipulation usually coming from the resolution also calls on the President to expe­ OF CALIFORNIA highest levels of the [Clinton] administration's dite the development .of U.S. anti-missile de­ IN THE HOUSE OF REPRESENTATIVES national security team," including Secretary of fense systems and to assist Israel in respond­ State Madeleine Albright. That interference un­ ing to the new long-range ballistic missile Thursday, October 8, 1998 dermined UNSCOM's ability to inspect poten­ threat from Iran in order to protect all of Mrs. CAPPS. Mr. Speaker, I rise to bring to tial weapon sites in Iraq even as the adminis­ Israel's territory. the attention of my colleagues a remarkable tration was telling the world that it supported Mr. Speaker, this administration's continued citizen, and an exceptional college in Santa the U.N. inspectors' right to unfettered and un­ failure in foreign policy arenas affecting the Barbara, California: Dr. Robert Bryant and announced access to Saddam Hussein's sus­ national security of the United States must Westmont College. pected weapons programs. cease before our Nation's credibility and deter­ Dr. Robert Bryant, owner of Bryant & Sons During his recent testimony before Con­ mination to defend our interests is irreparably Ltd., has been a leader in the Santa Barbara gress, Mr. Ritter stated that such public state­ compromised. It is foolhardy to issue threats business community for over 35 years. He has ments of support in conjunction with the secret and then fail to carry through on them as this served on the boards of the Boy Scouts of interference from the United States and the administration has done time and time again. America, YMCA, Santa Barbara Rugby Asso­ United Kingdom gives the appearance that While it may play well in the short term, it has ciation, Santa Barbara Zoo, Lobero Founda­ UNSCOM is conducting unhindered weapons real world consequences as our potential en­ tion, the Symphony, and the Sheriff's Council. inspection checks when in fact such inspec­ emies gradually lose respect for our resolve He is an active supporter of both Santa Bar­ tions are not occurring. Mr. Ritter's warning to and our might. I urge my colleagues to sup­ bara City College and Westmont College, Congress that it would take Iraqi leader Sad­ port the resolutions which I intend to reintro­ serving in numerous capacities for both institu­ dam Hussein only 6 months to reconstitute his duce in the next Congress as well. tions over the years. His involvement in the chemical weapons capability and the ballistic Fighting Back Task Force and his Chairman­ missiles to deliver them-and his subsequent ship of the Amethyst Ball for the last 3 years statement to the Washington Institute for Near IN HONOR OF SAINT VINCENT DE PAUL PARISH has helped the Council on Alcoholism & Drug East Policy that Iraq has three "technologically Abuse raise hundreds of thousands of dollars, complete" nuclear bombs that only lack the and the community fight alcohol and drug missile material to make them operational-is HON. DENNIS J. KUCINICH abuse on many levels. sobering to most Americans. The administra­ OF OHIO Westmont College-through the involvement tion's reaction to these brave revelations has IN THE HOUSE OF REPRESENTATIVES been to attack Mr. Ritter's credibility, reputa­ of its President, Dr. David K. Winter and Exec­ tion, and professionalism. Thursday, October 8, 1998 utive Vice President, Dr. Edward Birch as vol­ The administration instead should be acting Mr. KUCINICH. Mr. Speaker, I rise today to unteers for Santa Barbara County's United to bring Saddam Hussein into compliance with extend my best wishes to Saint Vincent de Way-has invested significant hours in our the numerous agreements he has made as a Paul Parish of Cleveland, Ohio. For 75 years, community. Dr. Winter served as Campaign result of the Persian Gulf war. To that end, I this parish has served as a spiritual refuge, Chair of the Santa Barbara County's United am introducing a resolution that calls on the opening its doors to any soul in search of Way campaign in 1988-89. Under his leader­ President to take the necessary steps to bring peace. ship, Westmont College has run a successful Iraq into compliance with the international Saint Vincent de Paul originated in 1922 campaign annually for over a decade. He has agreements it has signed with respect to its when a group of people living on the outskirts served as Director of the Montecito Associa­ weapons program, including the United Na­ of Cleveland petitioned Bishop Schrembs to tion, Montecito Rotary Club, the Channel City tion's right to unfettered and unannounced in­ recognize and act on their need to have a par­ Club, and the Chamber of Commerce. He spections of suspected weapons sites or facili­ ish. Under the leadership of Father Michael Chaired the board of the Salvation Army Hos­ ties. The resolution also states that official Flanigan, the parish community grew rapidly pitality House and the Santa Barbara Industry U.S. policy should insist on the removal or de­ causing a need to build a church. By 1924, Education Council. Ed Birch serves on the struction of Saddam Hussein's chemical, bio­ the basic outlines of Saint Vincent de Paul in­ board of the Santa Barbara County's United logical, or nuclear weapons capability. Most cluded a church for worship, as well as a Way. Throughout the summer months, the importantly, for the sake of the United States school which educated 340 children. Westmont campus also offers summer day foreign policy credibility, the resolution calls on The Great Depression greatly affected the camps for children in our community. the President not to renege on the warnings parish by halting its rapid expansion, but also The students of Westmont College are also he issued this past spring that the United leading many of its young men and women to involved, volunteering at many organizations States is committed to using military force if enter the Lord's service. When the depression throughout the community: Transition House, necessary to punish Iraq for interfering with or ended, the membership continued to grow, re­ the YMCA, Cottage Hospital, Westside Com­ obstructing the U.N.'s weapons inspections. sulting in overcrowding of the school. To allow munity Clinic, and many others. Finally, Mr. Speaker, in the face of intel­ for this rapid growth, the Bishop decided to Mr. Speaker, I congratulate Dr. Robert ·Bry­ ligence estimates earlier this year that Iran will build several parishes to fill the need of Catho­ ant and Westmont College for their lifetime have a missile capable of targeting Israel with­ lics to worship, making Saint Vincent de Paul achievements being celebrated on October 16, in a year and Central Europe within 3 years, the mother parish of all the others. Throughout 1998 by Santa Barbara County's United Way. 25250 EXTENSIONS OF REMARKS October 9, 1998 CONFERENCE REPORT ON R .R. 3694, AVIATION CONSUMER RIGHT TO F EDERAL ACTIVITIES INVENTORY INTELLIGENCE AUTHORIZATION KNOW ACT REFORM ACT OF 1998 ACT F OR FISCAL YEAR 1999 HON. PETER A. DefAZIO SPEECH OF SPEECH OF OF OREGON HON. PETE SFSSIONS OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL G. OXLEY IN THE HOUSE OF REPRESENT ATIVES Thursday, October 8, 1998 Monday, October 5, 1998 OF OHIO Mr. DEFAZIO. Mr. Speaker, I rise today to Mr. SESSIONS. Mr. Speaker, I am pleased IN THE HOUSE OF REPRESENTATIVES introduce the "Aviation Consumer Right To that the House is poised to pass S. 314, the Know Act," legislation to give consumers ac­ Federal Activities Inventory Reform (FAIR) Wednesday, Octob er 7, 1998 cess to important airline industry information. Act. This legislation is a consensus com­ Mr. OXLEY. Mr. Speaker, I rise today in Twenty years after the deregulation of the promise bill. It is an important step in the proc­ support of the conference report. Specifically, ai rline industry a debate is raging about its ess of ensuring that the component agencies I would like to address Section 604 which benefits to consumers. Deregulation pro­ of the Federal Government deliver perform­ ponents tout the benefits of free market com­ ance to the taxpayers they serve. This legisla­ gives law enforcement officials multipoint wire­ petition. However, to truly enjoy any of these tion, combined with the Government Perform­ tap authority. benefits, consumers must have access to ac­ ance and Results Act, the Chief Financial Offi­ As a former special agent of the FBI, I know curate information so they can make fully in­ cer Act and other procurement and financial from personal experience that the court-au­ formed choices. management reforms, will result in an im­ thorized interception of communications is one Although there is much debate about the proved Federal Government. of our most effective tools in our battle against impact of deregulation, it is quite clear that it In the 1920s, Congress raised concern over crime. Existing law requires law enforcement is almost impossible for consumers to gain full the large numbers of additional Federal func­ officials seeking a court order for a wiretap to access to information about the airline indus­ tions initiated during the First World War and never discontinued. These concerns resulted specify the telephone to be intercepted. Unfor­ try. The dizzying array of airline prices change constantly and inexplicably. The full selection in hearings. Later, in the 1950s, the House of tunately, the modern day criminal too often is of fares remains a mystery to consumers. Representatives passed legislation to termi­ aware of this limitation and uses different Even travel agents do not have access to all nate commercial activities of the Federal Gov­ phones in different locations to carry out his il­ available fares. ernment. In response to this legislation the Bu­ licit activity. By simply walking down the street Many passengers are further bewildered reau of the Budget, and later, the Office of to a local pay telephone, an individual sus­ when they book travel on one airline only to Management and Budget, issued guidance for pected of criminal activity can thwart the rea­ find upon boarding that they are actually flying executive branch agencies on the issue of sonable investigative efforts of the law en­ on a totally different airline. Domestic code­ agencies performing commercial activities. forcement community. sharing agreements, primarily between larger This guidance is currently represented by airlines and small regional airlines, allow one OMB Circular A-76. To solve this growing problem, the This policy has been erratically followed multipoint wiretap provision of the Intelligence airline to book tickets on another without dis­ closing this information to consumers. since its promulgation. Agencies routinely ig­ Authorization Act allows law enforcement offi­ To make booking travel easier, many con­ nore the stated policy of the President. Among cials to obtain court authorization to tap the sumers turn to travel agents for help. How­ the greatest problems which we face with the phones that a person under suspicion actually ever, what most consumers do not know is ineffective Administrative policy regarding the uses. Thus, if a suspected drug trafficker uses that travel agents often get special incentives performance of agency commercial activities a stolen cellular telephone rather than the to book the majority of air travel sold through are the following: phone in his/her residence, the law enforce­ their agency on a particular airline. Travel (1) Agencies do not develop accurate inven­ ment community would still be able to gather agents are not currently required to disclose tories of such activities, (2) They do not conduct the reviews out- evidence of wrong-doing. To ensure that these this information to customers. Travel agents lined in the Circular, . new court-ordered authorizations do not in­ provide an important service to the flying pub­ (3) When reviews are conducted they drag fringe upon the privacy rights of law-abiding lic by deciphering the baffling airline fare struc­ out over extended periods of time, Americans, the Conference Report includes a ture but consumers should also be aware that (4) Agencies initiate commercial activities provision that prohibits the activation of a tap this information is not always unbiased. without reference to the policy, and unless it is reasonable to presume that the Another area of frustration to consumers is (5) The criteria for the reviews are not fair person under suspicion is about to use or is the lack of accurate, consistent and realistic and equitable. information about frequent flyer programs. De­ using· a given telephone. This is a dramatic For example, certain practices are tolerated spite the popularity of frequent flyer programs, step forward for privacy rights because, under which bias cost-comparison competitions in consumers find that when they actually favor of the Federal Government. A descrip­ current law, once a tap is authorized it is ac­ choose to redeem awards, the destinations tion of the cost-comparison competition proc­ tive for the duration of the court order. Inno­ and times they want are not available. Many ess illustrates this costly unfairness. First, cent Americans could have their conversations travelers choose an airline because of its fre­ when an action is to be taken, the agency de­ monitored if they use a phone also used by a quent flyer program and it is important to fully velops a "most efficient organization," de­ criminal suspect. Under this new provision, the disclose this type of information. signed to represent the best form to accom­ tap would only be operational when a suspect My bill would give consumers the informa­ plish the purpose of the commercial activity. is involved in a conversation. tion they need to make informed choices This MEO allows for agency commercial ac­ Mr. Speaker, in closing, I would like to com­ about what airlines to patronize. The Aviation tivities to reorganize prior to the competition. mend the leadership of Chairman PORTER Consumer Right To Know Act will , (1) require Agencies promise to shed staff and reorganize Goss and ranking member NORM DICKS for airlines and travel agents to disclose the ac­ for efficiency. Sometimes, agencies do not tual air service carrier if it differs from the car­ their efforts on this provision. I would also like make the changes promised under the MEO. rier issuing the ticket, (2) require travel agents And in no case are the post-competition prom­ to commend Congressman BILL MCCOLLUM for to disclose any special incentives they get for ises of agency commercial activities verified or his tireless efforts on this issue as well. I be­ booking travel on a particular airline, (3) re­ audited. lieve that a balance has been reached that quire airlines to disclose all available fares, (4) Once the MEO is established, two competi­ gives the law enforcement community more require airlines to keep records on the likeli­ tions are held. In the first competition, a com­ effective tools to protect American citizens hood of redeeming frequent flyer benefits for mercial source is selected using performance­ while also further protecting the privacy rights specific city-pairs. based criteria. The offerer representing the of our constituents. I urge the adoption of the I urge my colleagues to join me in spon­ best value source is chosen. The winning of­ Conference Report. soring this legislation. ferer is often not the low-price offerer, since a October 9, 1998 EXTENSIONS OF REMARKS 25251 higher-quality source can offer better value for This provision also requires that agencies allows the Government to choose the the money. Then the best value commercial use a "competitive process" to select the source- public or private-which is the most source is compared to the agency commercial course of goods or services. This term has the cost effective and in the best interests of the activity on the basis of cost, regardless of per­ taxpayer. This bill is consistent with Admin­ same meaning as "competitive procedure" as istration efforts to reform Federal procure­ formance or quality. The commercial source defined in Federal law (1 O U.S.C. 2302(2) and ment and ensure that taxpayers receive the must then beat cost of the agency commercial 41 U.S.C. 259(b)). To the extent that a gov­ best value. activity, and do so by at least 1O percent. ernment agency competes for work under this The Administration's policy is to promote In enacting S. 314, the Federal Activities In­ section of the bill, the government agency will competition to achieve the best deal for the ventory Reform, it is the intent of Congress be treated as any other contractor or offeror in taxpayer. Competition is an integral part of that the Director of the Office of Management order to assure that the competition is con­ the Administration's overall reinvention and and Budget take prompt action, through the ducted on a level playing field. management improvement effort. The inven­ budget process and regulations promulgated tories of commercial activities required by Another key decision which must be made the FAIR Act will help senior agency man­ pursuant to this legislation, to ensure that: is the determination of what is inherently gov­ 1. Agency commercial activities establish agers and OMB to identify opportunities not ernmental. The legislation continues current only for competition, but also other reinven­ and use cost accounting systems, as required policy, embodied in OFPP Policy Letter 92- 1. tion opportunities, including: re-engineering, under the Federal Accounting Standards There will be certain agency commercial ac­ organizational restructuring, termination Board (FASAB) and applicable law. tivities that may have components which are decisions, and the possibility of applying new 2. Agency commercial activities are not both inherently governmental and commercial technologies, such as electronic commerce. given an advantage in terms of avoiding any in nature. Such activities should be seg­ evaluation on performance. mented, so that the commercial activity can be 3. Agency commercial activities are not studied for competition. HONORING SENATOR JOHN GLENN given any preference merely because they are For example, one important agency function government agencies or the incumbent pro­ deals with the disposal of surplus government HON. ROBERT W. NEY vider of goods or services. Agency commercial property. The Committee on Government Re­ OF OHIO activities ought to be treated identically in this regard to commercial sources. form and Oversight is intimately familiar with HON. STEVE C. LaTOURETTE such actions, due to its jurisdiction over the 4. Agency commercial activities are evalu­ OF OHIO ated after any award, and penalties for default Federal Property and Administrative Services are established. Such penalties should include Act. HON. JOHN A. BOEHNER re-competition or termination of the activity. While an agency's decision of whether or OF OHIO 5. Agency commercial activities be evalu­ not to dispose of excess, surplus and seized property is inherently governmental, the proc­ HON. SHERROD BROWN ated upon their performance during the cost­ OF OHIO comparison competition process. If the offer of ess of actually disposing of excess, surplus any commercial source is lower than the and seized property is not an inherently gov­ HON. STEVE CHABOT agency commercial activity, the in-house ernmental function and, therefore, this activity OF OHIO agency commercial activity should not be se­ should be listed on the commercial inventory HON. PAUL E. GILLMOR lected, even if another commercial source is under this legislation. There will be situations the best value offeror, unless the agency com­ where disposal of property is an inherently OF OHIO mercial activity is the best value source. governmental function, such as the disposal of HON. TONY P. HALL 6. Agency commercial activities are regu­ certain surplus naval vessels and other weap­ OF OHIO larly subjected to competition to ensure that ons and weapon systems. But generally, such the taxpayer is getting the best value. functions are commercial in nature, since the HON. DAVID L. HOBSON During the course of our hearings on this property disposal process generally is not so OF OHIO legislation, it became abundantly clear that intimately connected with the public interest as HON. MARCY KAPTUR there are certain activities that the Federal to require performance by Federal employees. OF OHIO government has performed in-house which Therefore, Congress intends that property dis­ can and should be converted to the private posal would normally be conducted by con­ HON. JOHN R. KASICH sector. Areas such as architecture, engineer­ tracting with commercial sources. The utiliza­ OF OHIO ing, auctions, surveying and mapping, labora­ tion of experienced, bonded commercial prop­ HON. DENNIS J. KUCINICH tory testing, information technology, and laun­ erty disposal firms will assist the government dry services have no place in government. to meet that goal, using the same structures OF OHIO These activities should be converted to per­ and incentives as the private sector in dis­ HON. MICHAEL G. OXLEY formance by the private sector. posing of excess, surplus and seized property. OF OHIO There are other activities in which a public­ These practices are designed to maximize the private competition should be conducted to commercial value of this property, while gov­ HON. ROB PORTMAN determine which provider can deliver the best ernment practices and incentives are primarily OF OHIO value to the taxpayer. Examples include base designed to dispose of inventory as quickly as HON. DEBORAH PRYCE and facility operation and campgrounds. possible rather than maximizing the return on OF OHIO Section 2(d) of the legislation requires the the dollar. That is the goal of this legislation. head of an agency to review the activities on Mr. Speaker, it is high time to pass this leg­ HON. RALPH REGULA its list of commercial activities "within a rea­ islation. It is long overdue. So do all of your OF OHIO sonable time." Unfortunately, OMB opposed a constituents a favor and vote for S. 314. legislative timetable for conducting these re­ HON. THOMAS C. SAWYER views. As a result of the compromise lan­ Executive Office of the President--Office of OF OHIO Management and Budget, Oct. 2, 1998 guage on this matter, it will be incumbent on STATEMENT OF ADMINISTRATION POLICY HON. LOUIS STOKES OMB to make certain these reviews are in­ OF OHIO deed conducted in a reasonable time frame. It S. 314-FEDERAL ACTIVITIES INVENTORY REFORM is the intent of Congress in enacting this legis­ ACT HON. TED STRICKLAND lation that at the Department of Defense, (Thomas (R) WY and 16 cosponsors) OF OHIO agency commercial activities will be reviewed The Administration has no objection to S. 314, the " Federal Activities Inventory Re­ HON. JAMES A. TRAFICANT, JR. and competed within seven years. For the ci­ OF OHIO vilian agencies, it is the intent of Congress form Act of 1998 (FAIR)." The Act would re­ inforce efforts to improve the identification IN THE HOUSE OF REPRESENTATIVES that such activities be reviewed before five and review of non-inherently governmental Thursday, October 8, 1998 years. I urge OMB to exercise strong oversight activities. The bill permits the agencies to to assure timely implementation of this re­ assess which functions should be submitted Mr. NEY. Mr. Speaker, my colleagues and I quirement by the agencies. to competition with the private sector and rise today to pay tribute to an American and 25252 EXTENSIONS OF REMARKS October 9, 1998 Ohio hero. More than 35 years ago, JOHN Marcellino is presently a writer and public tality, genetic deterioration, diseases, and GLENN made history as the first American to relations consultant. He is a founding board pollution are just some of the problems asso­ orbit the earth. On October 29, he will once member of the Greater Cleveland Veterans ciated with hatchery programs. So it was with a fair amount of skepticism that I again make history as the oldest man to travel Business Resource Council and a member of planned my visit. into space. On behalf of the people of Ohio the Veterans of Foreign Wars and the Amer­ But after touring the facility with Serfling and the country, along with the rest of the ican Legion. I was impressed with the technical sophis­ members of the Ohio delegation, I would like He attended Cleveland and Parma Public tication of Mote's approach. The lab has paid to thank Senator GLENN for his dedicated serv­ Schools and Wake Forest University. close attention to every detail of the snook's ice to our country and wish him the best of Marcellino and his wife, Laurie, a restaurant early life in an effort to duplicate its natural luck on his upcoming mission. owner, have three children, Sean, Rachael, environment. " We start with wild eggs and milt," JOHN HERSCHEL GLENN, Jr., is a true Amer­ and Ari. Serfling said. "The fertilized eggs hatch into ican hero. He has served his country honor­ larvae that develop over a two-day period on ably in the Marine Corps, in the U.S. Space their own yoke sacs. During these two days Program and as a member of the United FISHERIES STOCK ENHANCEMENT they develop eyes, mouths, and a digestive States Senate. On February 20, 1962, he be­ system, so they can feed. Then the larvae are came a national figure after becoming the first HON. DAN MILLER fed microalgae and zooplankton cultured in American to orbit the earth. Senator GLENN, a our own hatchery, duplicating their natural OF FLORIDA food at this stage in their life. native of Ohio, has represented the working IN THE HOUSE OF REPRESENTATIVES "Pellet feeding begins after about four families of Ohio as their Senator since 197 4. Thursday, October 8, 1998 weeks, at the point when the fingerlings re­ His upcoming shuttle mission and retirement quire larger food sizes Cannibalism is a at the end of this Congress will punctuate the Mr. MILLER of Florida. Mr. Speaker, as a major problem with carnivorous fish like end of a remarkable stretch of public service leader in the field of fisheries stock enhance­ snook, because they instinctively prefer to that will leave an indelible mark on our soci­ ment, Mote Marine Laboratories was high­ each fish from day 20 onward. But they can­ ety. lighted recently in an article from Fly Fishing not be size-graded and separated to reduce October 29, 1998, marks a triumphant day in Saltwater magazine. Mote Marine is located cannibalism until around day 40, because the in Sarasota, Florida which is in the 13th Dis­ larvae and fry stages are too delicate to han­ for our nation when Senator GLENN returns to dle. space aboard the Space Shuttle Discovery. trict of Florida and provides innumerable bene­ "A few days before stocking the snook are Nearly 37 years after his initial trip into space, fits to our environment and my constituents. I also fed live minnows, to reinforce their nat­ he will again represent his country and our am pleased therefore to enter this article rec­ ural instinct to chase and cat swimming state as a member of Discovery Mission STS- ognizing Mote Marine's importance into the prey. Their immediate predatory behavior 95. As he prepares for his upcoming mission, CONGRESSIONAL RECORD. suggests that this instinct is alive and well." the Members of the Ohio delegation wish sa­ The heart of the aquaculture facility is a [From Fly Fishing in Saltwater, Sept./Oct. closed-cycle water system that controls lute to the Senator from Ohio. As he prepares 1998] water salinity, temperature, pH, oxygen con­ for the upcoming mission, we salute the Sen­ SNOOK FOR THE MASS.ES-MARINE FISHERIES tent, and turbidity. Waste products are ator and native of New Concord, Ohio. God­ STOCK ENHANCEMENT MAY B E IN O UR FUTURE treated and recycled. Only a very small speed, JOHN GLENN. (By Don Phillips) amount of fresh water or filtered seawater is On January 10, 1998, Steve Serfling and added weekly to replenish losses and adjust salinity. Todd Hershfield went fishing for snook in This closed-cycle approach insulates the IN HONOR OF MICHAEL Sarasota Bay, Florida. In two hours they MARCELLINO system from undesirable environmental phe­ caught and released four snook on the fly. nomena such as red tide or periods of exceed­ That was no surprise because they were ingly cold temperature, significantly in­ HON. DENNIS J. KUCINICH fishing an area where the Mote Marine Lab­ creasing survival of the young snook. OF OHIO oratory had earlier released small snook as The aquaculture facility also uses cylin­ part of an experimental stock-enhancement IN THE HOUSE OF REPRESENTATIVES drically shaped tanks to minimize collision program. Serfling is director of Mote's aqua­ trauma among the fish. When the fish are Thursday, October 8, 1998 culture program and Hershfield works in the large enough, size grading is done periodi­ laboratory and their January trip was one of cally to minimize cannibalism. Mr. KUCINICH. Mr. Speaker, I rise today to four the two had made to find out how the honor Michael Marcellino. Michael Marcellino "We have now progressed to the point stocked snook were integrating with the nat­ where 10 percent of our larvae survive to the served as a United States Army combat cor­ ural population. Nice work if you can get it! 5- or 6-inch size range in six months," respondent in the Vietnam War from 1967 to As of February this year, the Mote Labora­ Serfling said, "This is quite impressive when 1968. After his honorable discharge from the tory had stocked 12,000 juvenile snook in compared with an equivalent 0.0005 percent service, he worked for 13 years as a news­ eight different areas of Sarasota Bay, the rate for wild fish under favorable environ­ paper reporter in Northeast Ohio with the Braden River, and several areas of Tampa mental conditions." The survival percentage Painesville Telegraph and the Sun News­ Bay. The results have been most encour­ is expected to increase even more as the lab­ aging. Of 18 snook caught during Todd and ora tor-y learns more about young snook. papers. Hershfield's four trips, half were from Mote's While at Sun Newspapers, Marcellino re­ Mote also is raising Gulf and short-nosed Aqu;:i.culture facility (their origin was read­ sturgeon and has plans to include pompano, ceived two national awards for excellence in ily determined by a miniature red marker flounder and snapper in its program. Fund­ reporting-the Suburban Newspapers of implanted in the snook shortly before their ing is through the William R. Mote Sci­ America Award for Investigative Journalism release). entific Foundation. and the national Newspaper Association's The laboratory and its partner, Florida's After touring the facility I met with Dr. Community Service Award. His reporting in­ Department of Environmental Protection, Ken Leber, Mote's senior scientist and direc­ cluded Veterans' affairs, government and poli­ are delighted. The stocked fish seem to have tor of fisheries and aquaculture research, integrated well into the natural population tics. and Dr. John Miller, professor of fisheries and their growth, appearance, health, and and oceanography at North Carolina State From 1983-1987, Marcellino served on the behavior mirrors that of their wild cousins. University who is a visiting scientist at the Cleveland staff of Congressman Louis Stokes. Actually, that shouldn't be too surprising; Mote Laboratory. Both were enthusiastic As Community Relations Specialist, his work the stocked snook were raised from eggs and about the stocking program, but both also included advocacy for community, veterans milt removed from wild snook netted from were candid about the hurdles still to be and human rights issues. He was appointed and released back into the same areas. overcome. Press Secretary to Mayor-elect Michael R. When I heard about the stocking program Leber said the laboratory is prepared to White in 1989. During nearly nine years with I made arrangements to visit Mote's continue the program up to and including acquaculture facility on City Island in Sara­ full-scale hatchery releases, if appropriate the White Administration, Marcellino also sota to find out more. Previous experience federal and state support is obtained. But he served as Liaison for Veterans and Military Af­ with freshwater and anadromous fish stock­ added that a lot of research is still needed to fairs to Mayor White and Manager of Mar­ ing programs had not left me exactly im­ understand the many variables of stock en­ keting for the City of Cleveland's Department pressed with this method of fisheries en­ hancement and to determine its economic vi­ of Public Utilities. hancement. "Put-and-take" fishing men- ability as a fishery management tool. October 9, 1998 EXTENSIONS OF REMARKS 25253 "What, when, and where to stock are ques­ improvement of recreational fishing; mack­ "sacred honor," among which is Equal Jus­ tions needing definitive answers," he said. erel migrations; the impact of thermal power tice Under Law, requiring that even the For example, economic considerations might plants on sea grasses; river, estuary and wet­ President be accountable to the Rule of Law suggest stocking lots of fingerlings, but high land management; and the environmental (as opposed to the rule of men). By defini­ initial predation rates could make this ap­ impacts of chemicals, pesticides, and other tion, the Rule of Law cannot be influenced proach penny-wise and pound-foolish. forms of pollution. by public opinion, whether through public Similarly, stocking excessive numbers of For more information on the laboratory opinion polls or otherwise. fish could upset the balance of local eco­ and its programs, contact Virginia Haley, By virtue of an Act of Congress in 1956, re­ systems by adding too many predators or 1600 Ken Thompson Parkway, Sarasota FL codifylng the First Article of the 1775 "Rules displacing wild stocks. 34236, telephone (941) 388-1441, fax (941) 388- for the Regulatio.Q. of the Navy of the United Determining the best season for stocking 4312, or e-mail [email protected]. Colonies of North-America" into what is still also is important so new residents have the public-albeit not-well-publicized-law, "All best chance for acclimatization and survival. commanding officers and others in authority Yet another consideration ls finding the EXTENSION OF REMARKS in the naval service are required to show in best places for stocking. Those places must themselves a good example of virtue, honor, provide immediate sanctuary and food. Ther­ patriotism, and subordination; ... to guard mal refuges may be particularly important HON. BOB SCHAFFER against and suppress all dissolute and im­ to minimize mortality due to high or low OF COLORADO moral practices, and to correct, according to the laws and regulations of the Navy, all per­ water temperatures. IN THE HOUSE OF REPRESENTATIVES Leber and his staff are studying these sons who are guilty of them." 2 This long­ questions by assessing current populations, Thursday, October 8, 1998 standing moral edict by Congress exemplifies the central theme of the "Legislation of Mo­ performing stocking experiments, then eval­ Mr. BOB SCHAFFER of Colorado. Mr. uating the new populations. rality" seminar this author conducts at Similar efforts are going on elsewhere Speaker, even nations need a soul. Indeed Georgetown University Law Center: demo­ around the world, with researchers sharing great countries establish traditions, institutions, cratically-enacted legislation is the societal the results. Recently, Mote joined forces and civil codes to reflect the integrity of their analog to an individual's conscience forma­ with research activities in Hawaii, Mis­ people. Taken together, these attributes give tion process. At the national level, Congress sissippi, and Florida (the Florida Marine insight to a nation's character, and as such, promulgates the national conscience through Fisheries Research Institute) to address signal the dignity of her people. public laws, essentially announcing what is stock enhancement on a large scale. This right and what is wrong for the nation. As The United States Navy is but one Amer­ with the relationship between individual multi-million dollar effort, sponsored by the ican institution charged with defending our federal government, is likely to draw in conscience and behavior, this societal con­ other research activities, especially from the borders and maintaining our dignity. Among science formation process is distinct from, Gulf States. the Navy's first officers is Joseph E. Schmitz albeit integrally related to, the enforcement "Since the 1950s, the focus of marine fish­ who has devoted considerable thought to the process. eries management has concentrated on heavy matters we weigh today in Congress. In his August 17, 1998, nationally-televised maintaining and restoring habitat and con­ I hereby submit for the RECORD, Mr. speech, the President purported to accept full responsibility for misleading the nation trolling harvest through regulation," Leber Schmitz's scholarly analysis of current condi­ said. "Stock enhancement has thus far large­ about his "inappropriate" relationship with tions created by the Commander-in-Chief. I a White House intern. This confession by the ly been ignored as a management tool for furthermore commend the conclusions of Mr. marine fisheries. We are now not too far Commander-in-Chief to both dishonorable from being able to supplement these two Schmitz to my colleagues and beg they prove and immoral conduct in the Oval Office, and strategies (habitat maintenance and restora­ persuasive in resolving the great question be­ the subsequent release of the Independent tion) with selective stock enhancement, fore us. Counsel's Report and video tape, among where such (measures) can be supported by other things, have amplified the need for all WHEN THE COMMANDER-IN-CHIEF MISLEADS, military leaders to uphold the moral author­ the local ecosystem. WHO FOLLOWS? "The old approach of stocking without ity of the First Article of the 1775 Navy Reg­ careful assessment of impact cannot be tol­ OR WHAT DO WE TELL THE TROOPS NOW, ulations, sometimes referred to as the "First erated today, especially in areas like Flor­ COMMANDER? Principle of the American Military." (By Joseph E. Schmitz I) In the " Code of Conduct for Members of ida, where population growth ls significant the United States Armed Force," like all and fishing pressure ls ever increasing. How can a commanding officer of a warship other members of the Armed Forces, I was "I like to think of our direction today is ask an 18-year-old sailor to risk his life in admonished to "never forget that I am an toward more responsible marine fisheries the line of duty if the commander is not will­ American, fighting for freedom, responsible management, where the focus is being shift­ ing to risk his own personal ambitions for ed to maintain the health of our fish popu­ for any actions, and dedicated to the prin­ honor? He can't. A military leader must be ciples which made my country free." Every lations and their habitat and environment, the example, first and foremost. Congress first-year law student learns that two of rather than only raising and stocking the should not lose sight of this reality of mili­ those principles are accountability "accord­ maximum number of fish per taxpayer dol­ tary leadership as it deliberates over the re­ ing to law" and "no man is above the law." lar." cent report of the Independent Counsel. According to the text of the Constitution, I left the Mote Marine Laboratory with While the Constitution empowers Congress kind of a warm feeling inside. It's nice to even an impeached President, after he is con­ "To make Rules for the Government and victed by the Senate and removed from of­ know there are programs and people trying Regulation of the land and naval Forces," to steer us in the right direction. fice for "treason, bribery, or other high each commander is responsible for enforcing crimes and misdemeanors" (U.S. Const., art. these rules within his or her own command. II, sec. 4), "shall nevertheless be liable and The Mote Marine Laboratory is an inde­ At the same time, the President as Com­ subject to indictment, trial, judgment and pendent, nonprofit research organization mander-in-Chief is ultimately responsible for punishment, according to law." U.S. Const., dedicated to the marine and environmental enforcing these rules throughout-as well as art I, sec. 3. science. Located on an 11-acre site on City for the overall good order and discipline of A few years ago, as the Naval Academy was Island in Sarasota, Florida, the laboratory -the United States Armed Forces. attempting to deal with the worst cheating has extensive research and administrative Technical legal arguments that the Uni­ scandal in its 150-year history, a· committee fac111t1es plus the Mote Aquarium, which at­ form Code of Military Justice may not apply hearing on Capitol Hill featured a telling tracts about 250,000 visitors a year. to the Commander-in-Chief miss the point. colloquy between Senator Robert C. Byrd The laboratory ls staffed by 50 scientists At issue are some of the first principles upon which our colonial forefathers pledged their with master's or doctorate degrees, plus sup­ 2 10 U.S.C. §5947. The 1775 version reads: " ART. 1. port personnel and more than 1,000 volun­ The Commanders of all ships and vessels belonging teers. Its $3.5 million research program is 1 Mr. Schmitz graduated with distinction from the to the THIRTEEN UNITED COLONIES, are strictly supported by grants, contracts, aquarium in­ U.S. Naval Academy and earned his Doctor of Juris­ required to shew in themselves a good example of come, and donations. Founder William R. prudence from Stanford Law School. He is currently honor and virtue to their officers and men, and to be Mote has thus far donated all funding for the an attorney in Washington D.C. and an Adjunct Pro­ vigilant in inspecting the behaviour of all such as laboratory's aquaculture program. fessor of Law at Georgetown University Law Center, are under them, and to discountenance and suppress where he teaches an advanced constitutional law all dissolute, immoral and disorderly practices; and The laboratory's other research and edu­ seminar on "Legislation of Morality: Constitutional also, such as are contrary to the rules of discipline cation activities include threatened species and Practical Considerations" (the syllabus for and obedience, and to correct those who are guilty (sharks, sea turtles, manatees, etc.); fish vi­ which is available by request to of the same according to the usage of the sea" sion; red tide; commercial fishing bycatch; [email protected]). (www .history .navy .mil). 25254 EXTENSIONS OF REMARKS October 9, 1998 and Rear Admiral Thomas Lynch, then Su­ DALLAS LIVER TRANSPLANT PRO­ trying to avoid the cost that would be in­ perintendent of the Naval Academy. At the GRAM, BAYLOR UNIVERSITY MED­ curred. Thus, the right to sue the carrier is beginning of the colloquy, Senator Byrd ICAL CENTER, CHILDREN'S MEDICAL absolutely essential to insure the patient's asked Admiral Lynch whether he was famil­ CENTER OF DALLAS, DALLAS, TX, right to prevent withholding of care that is iar with the adage, "You rate what you September 22, 1998. so widely prevalent today. skate." Of course the Admiral was. But nei­ Congresswoman EDDIE BERNICE JOHNSON, As always I appreciate your work in Con­ ther the Senator nor the Admiral discussed Longworth House Office Building, gress and your involvement In the health the adage further. Washington, DC. care problems. This Naval Academy adage is tantamount DEAR CONGRESSWOMAN JOHNSON: I am Yours most sincerely, to a rule that "while officers are responsible aware that the House recently passed GORAN B. KLINTMALM, M.D. for personal choices, they need not be ac­ H.R. 4250, the Patient Protection Act of 1998. Medical Director, Transplantation Services, countable for poor choices unless caught." I understand that the Patient's Bill of Baylor University Medical Center-Dallas. Such a mixed moral message fundamentally Rights Act, S. 2330, is currently under consid­ undermines the formation of character traits eration as the companion bill. such as honesty, reliability, moral courage, Managed care is here to stay, but it has, as DEPARTMENT OF and good judgment, upon which rest not only you are well aware, caused many significant HEALTH & HUMAN SERVICES, the tax dollars of hard-working Americans, problems. I have had personal, intimate ex­ Washington, DC, September 23, 1998. but the lives of many Americans as well. perience with health care plans ever since HON. EDDIE BERNICE JOHNSON, House of Representatives, Washington, DC. A crisis of military discipline looms if any they were first introduced into the Dallas commander, by this words and actions, pro­ health care market in the late 1980s. I sup­ DEAR Ms. JOHNSON: Thank you for your motes and adage that "you rate what you port the provisions in the bill as it is cur­ letter regarding implementation of the sur­ ety bond requirement for home health agen­ get away with, and even if you're caught, it's rently worded. However, I find it very trou­ cies (HHAs) included in the Balanced Budget OK to evade accountability if you can get blesome that the private insurance plans away with that"; a constitutional crisis would not be required to emulate the same Act of 1997. I regret the delay in this re­ looms if our legal system does not hold all restrictions against financial incentives as sponse. officers with full responsibility to a standard the current Medicare rules provide. To allow In response to concerns raised by Members of full accountability. Responsibility with­ a system that awards or penalizes physicians of Congress and the home health industry, out accountability "according to law" un­ depending on how "cost effective" the care is the Health Care Financing Administration dermines the core foundation of the Con­ they provide I believe is unethical. The sim­ (HCF A), in a rule published in the Federal stitution, the aforementioned basic principle ple thought of paying physicians extra if Register on July 31, announced the indefinite known as the Rule of Law, without which they do not provide health care is, in effect, suspension of the compliance date by which our Cons ti tu tion is no more than a piece of repugnant to me. In addition, we must pre­ home health agencies must obtain a surety paper. bond. As a result, home health agencies no vent the development of separate require­ longer have a date by which they must ob­ The Armed Forces now have a more funda­ ments for public and private health care sec­ tain a surety bond. The Congress has re­ mental challenge to leadership training than tors. simply instilling character traits adverse to In my own particular field, that of trans­ quested that the General Accounting Office lying, cheating, and stealing: How do we in­ plantation, it is very obvious that transplant conduct a study of the home health surety still in young leaders the moral courage to patients, i.e. recipients of kidneys, pancreas', bond requirement, and upon completion of admit when they are wrong and to accept ac­ livers, hearts, lungs and other organs, are so that study, HCFA will work in consultation countability for mistakes made? Personal sick and have such serious disorders that with the Congress about the surety bond re­ example by senior leaders, up to and includ­ they need to be cared for by specialists in quirement. Following this review and con­ ing the Commander-in-Chief, is an essential their respective fields, both before and after sultation, the new date by which home starting point-and risk to personal ambi­ the transplant. There are areas of the coun­ health agencies must obtain bonds will be at tions is no excuse for any officer of the try where a specialist's care is not available. least 60 days after HCF A publishes a revised United States Armed Forces. In those circumstances, the local physicians rule requiring bonds, but will not be earlier After the Commander-in-Chief holds him­ work very closely with the super-specialists than February 15, 1999. self accountable to the Rule of Law, or is at the transplant institutions. I think it is I hope this information is helpful, and I ap­ preciate your letter. A similar letter is being otherwise held accountable to the Rule of essential to allow chronically ill patients to Law, "We the People"-even those of us who have specialists designated as their primary sent to the other members of the delegation serve "at the pleasure of the President"­ care physicians. who co-signed your letter. should follow his lead and talk about for­ On a separate vein, the basis for improve­ Sincerely, giveness. In the meantime, other com­ ment of care and the safety of treatment we NANCY-ANN MIN DEPARLE, manders might do well by following the lead · can provide to patients is to allow the pa­ Administrator. of, and by telling their troops to follow the tients to participate in scientific, peer-re­ lead of, Archbishop John Carroll, whose "A viewed, controlled trials. It is essential for Prayer for the Republic" seems as timely medicine, and to have health care plans for­ A TRIBUTE TO MARGARET now as when penned by the founder of bid patient participation because of what­ ROBERTS AND CHAR CALLIES Georgetown University 200 years ago: "We ever reason they deem fit is unthinkable. Pray Thee, 0 God . .. assist with Thy holy They always want to participate and reap spirit of counsel and fortitude the President the benefits of any advances, especially if HON. JERRY LEWIS of the United States, that his administration they can save a few dollars for themselves. OF CALIFORNIA may be conducted in righteousness, and be However, they don't ever want to participate IN THE HOUSE OF REPRESENTATIVES eminently useful to Thy people over whom and help such developments along. Thursday, October 8, 1998 he presides; by encouraging the due respect Finally, since I have seen health care being for virtue and religion; by a faithful execu.­ prevented and withheld by health care pro­ Mr. LEWIS of California. Mr. Speaker, tion of the laws in justice and mercy; and by viders so many times, I believe it is impera­ would like to bring to your attention today a re­ restraining vice and immorality. Let the tive to allow patients to sue their carrier. cent editorial from one of the finest weekly pa­ light of Thy divine wisdom direct the delib­ The unconscionable way that many health pers I know, the Desert Trail newspaper in erations of Congress, ...." care providers approach health care today is Twentynine Palms, California. This editorial upsetting. One situation I bring to your at­ tention is several years ago open of the big­ pays tribute to two remarkable woman who gest HMOs in the country had patients who have made, and continue to make a tremen­ DALLAS LIVER TRANSPLANT were 20% more expensive to transplant than dous differnce to the people of Twentynine PROGRAM other patients. The reason was simply that Palms. the patients coming from this particular [The Desert Trail, Thursday, Sept. 10, 1998] HON. EDDIE BERNICE JOHNSON HMO were so much farther advanced and therefore more complex when they finally CONGRATS TO OUR CITY CLERKS OF TEXAS arrived for transplantation. The patients There are upsides and downsides to every IN THE HOUSE OF REPRESENTATIVES were simply prevented from having the situation, and the announcement this week Thursday, October 8, 1998 transplants when they were in optimum con­ that Deputy City Clerk Char Callies will suc­ dition, thus jeopardizing their lives. Clearly ceed retiring City Clerk Margaret Roberts is Ms. EDDIE BERNICE JOHNSON of Texas. this was not the fault of the referring physi­ no exception. Mr. Speaker, I submit the attached materials cians or the physicians involved in the trans­ We all knew the day would come when to be included in the CONGRESSIONAL RECORD: plantation, but the HMOs corporate policy in Margaret would hang up her city of October 9, 1998 EXTENSIONS OF REMARKS 25255 Twentynine Palms seal and head into " re- Lou has put in countless hours both in The Stokes legacy will continue as long as tirement" with her husband, Marine Sgt. Cleveland and in Washington over the past 30 good prevails. Maj. Alex Roberts. years, and his staff has been there with him, That day will officially come on Dec. 18, when Margaret closes the door on an ll-year working to address the issues most important HONORING ALEXANDER DUBCEK career with the city, City Manager Jim Hart to him and to his constituents. His staff mem­ announced Wednesday. bers have worked in Washington for legal aid, "Margaret was the city's first full-time for improvement of public housing, for in­ HON. JOHN L. MICA employee and she was instrumental in help- creased opportunities for the poor. They have OF FLORIDA ing guide the new city after incoporation. We worked · in the district to address the needs of IN THE HOUSE OF REPRESENTATIVES all owe Margaret a sense of gratitude for her his constituents. They have all made it their Thursday, October 8, 1998 efforts on behalf of the city," Hart said in goal to fight alongside Lou for the residents of announcing that her resignation had been Mr. MICA. Mr. Speaker, during the six accepted reluctantly by the City Council for his congressional district and for all Ameri- months March-August 1968 the world wit­ the end of the year. cans. There's probably not anyone in this city So, Mr. Speaker, it is an honor and a privi- nessed a revolutionary drama which began in who doesn't owe Margaret some debt of grat- lege today to place a tribute to the Honorable Bratislava, now the capital of Slovakia, and itude. For more than a decade she has rep- LOU STOKES into the CONGRESSIONAL RECORD ended in Prague. The world's audience was resented the city of Twentynine Palms in a on behalf of his loyal and dedicated staff. fascinated especially by the leadi.ng player, a most gracious and straightforward fashion. STAFF PAYS TRIBUTE Slovak, Alexander Dubcek. Within that short It seems there's nothing she can't do, noth- time, Dubcek became a well-known symbol for ing and no one she cannot handle with Mr. Speaker, this great body has known gi- his reform efforts in the totalitarian centralist aplomb. ants. The halls of this chamber have re- Czechoslovakia in which Slovakia was treated She has guided council candidates, pro- sounded to the words of great men and vided information and assistance of all kinds women. as no more than a region. Dubcek's reforms to just about everyone and their brother and Mr. Speaker, we have been most fortunate became known as the "Prague Spring" al­ been there to lend an ear when needed. to serve one such exceptional gentleman of though they would equally deserve the title Margaret has never failed to provide The the House: the gentleman from Ohio, Dean of "Dubcek Spring". His reforms involved the Desert Trail with information we've re- the Ohio Delegation, the Honorable Louis free speech, economic experimentation, open quested and never hesitated to pick up the Stokes. We ride his shoulders and see his vi­ borders and open debate over the country's phone and let us know when a story needed sion. Nothing has escaped his penetrating political future. Dubcek was faced by Stalinist to be told. discovery in 30 years. We will all miss Margaret, even as we wish He put some of us in the field to wa:lk with the same courage, as he had faced the her well, when she and Alex head East to amongst the people and respond to their Nazi fascists in the Slovak National Uprising in pursue the next part of their lives together. problems. He gave some of us the task of 1944 in which Alexander was wounded and That said, we don't think the City Council finding legislative solutions. All of us, at one his brother Julius was killed. It was not just by could have made a better choice to replace time or another, knew the anguish of a con­ chance that the Spring 1968 started in Slo­ Margaret than Char Callies. stituent in pain and all of us, fortunately, on vakia. In the first and last post World War II A longtime resident of Twentynine Palms, numerous occasions, celebrated the victories democratic elections in Czechoslovakia in Char is personable, caring, efficient, strong, of their success. The word " failure" is not in hard-working and no-nonsense, just like her Lou Stokes' vocabulary; the act of failing is 1946, the clear winner in Slovakia had been predecessor. unfathomable. No challenge has been too big. the Democratic Party, while in the larger " Char has been working hard over the past No person is too small. Czech part of the country it had been the three years to gain the knowledge and expe- Lou Stokes has been a stalwart defender of Communist Party that finally grabbed the over­ rtence the City Council felt was needed to the Constitution and has spent his adult life all power. become city clerk,'' Hart said in announcing fighting for the right of all people to live in However, during the night of August 20-21, her promotion. " She has done an out- dignity and in peace. 1968 Dubcek's revolution was crushed by standing job as the city manager's secretary He has gone from dawn to dawn, all in a more than 600,000 troops with 7,000 tanks and deputy city clerk and this promotion is day's work. His staff are in amazement as his ,, energy continues. from the Warsaw Pact countries-Soviet a recogn i ton i ° f Char 's e ffarts. We have learned much from this man of Union, Bulgaria, East Germany, Hungary and We wholeheartedly congratulate Char on her promotion and look forward to working humble beginnings. One can never give too Poland. For more than twenty years Dubcek with her come mid-December. It's nice to much of one's time, compassion or energy to remained under constant state security scru­ know that she'll be on the job when Mar- help one's fellow man. In fact, we must al­ tiny. In spite of his ordeal, he always believed garet says goodbye. · ways go the " extra mile" and make sure we that people were essentially good and he have done all that could be done to help Mr. Speaker, please join me and our col- someone in need. never gave up hope. With the start of the Vel­ leagues in recognizing the incredible contribu- Lou Stokes emanates pride in his roots and vet Revolution in 1989, Dubcek reemerged at tions and achievements of these fine women. respect for all people. He fights for his prin- the Slovak National Uprising Square in 1 know that the entire City of Twentynine ciples and has taught us to be unwavering Bratislava and Wenceslas Square in Prague, Palms is proud of their fine work. It is only fit- a~~~a;;~tem may frustrate him, but never convincing thousands of demonstrators that ting that the House of Representatives pay thwart him. For Lou stokes knows how to their Revolution would succeed. tribute to them today. make change happen from within. He is Few people know that Dubcek's parents tough, with a gentle heart. A task master came to settle in the United States. They lived who expects nothing more from others than in Chicago for more than five years in the sec­ TRIBUTE TO LOU STOKES he would give of himself, Lou Stokes reaches ond decade of this century but returned to Slo­ high, very high. In so doing, he makes all of vakia shortly before Alexander's birth on No­ C. SAWYER us taller. vember 27, 1921. Alexander literally had his HON. TIIOMAS We have served Lou Stokes from varying OF OHIO very beginning in the U.S. It is also rather lengths of time. We are the Stokes Team, a symbolic that the American University in IN THE HOUSE OF REPRESENTATIVES family. Mr. Speaker, ladies and gentlemen of Washington, DC, was among the first in the Thursday, October 8, 1998 the House, you are paying tribute to one of your favorite sons. As he has left an indelible world to award Dubcek with an honorary Doc­ Mr. SAWYER. Mr. Speaker, I am here today mark on this institution, so has he left torate in April 1990, in the Spring immediately to share the feelings of Lou STOKES' staff as something with all of his staff. He has left us following the Velvet Revolution. they celebrate his legacy. a challenge: always take the time to care, to The moral and ideological impact of the Much has been said on this floor about take responsibility, to be involved, to reach "Dubcek Spring" spilled beyond the borders of Lou's great accomplishments in this body, but back and reach out. Make today count so his country, infiltrating the whole of the former I can think of no greater tribute than that the that tomorrow will be a better day for some­ Soviet Bloc. His message was that even the one. members of his staff-who have worked late Mr. Speaker, we have been privileged to harshest dictatorship cannot prevent men of into the night and early into the morning share this gentleman's vision. Thank you for courage and honesty to reach far ahead of alongside their boss-would want to pay trib­ this opportunity to pay tribute to a very spe­ their time and keep their true conviction de­ ute to him in the record. cial boss. spite years of oppression. The Dubcek Spring 25256 EXTENSIONS OF REMARKS October 9, 1998 started a process crowned by the fall of the hundreds of thousands of Slovak Americans scriptions. The issue is the cost and how to Berlin Wall and the new democratic perspec­ who not only provided a key contribution to pay for it. tive for Central and Eastern Europe. the American industrial revolution-working I've introduced this bill in the closing hours Alexander Dubcek and Vaclav Havel be­ hard in coal mines, factories and steel mills of of the 105th Congress, so that interested par­ came known as the two symbols of the Velvet America's past. But also to the Slovak Ameri­ ties could think about the issue over the ad­ Revolution with great international prestige, cans who now lead American business, indus­ journment period. I hope that the various opening the doors to the world for their re­ try and science. stakeholders will comment over the winter, so spective Republics. By a fatal irony, on Sep­ Alexander Dubcek, the man symbolizing that a new and refined bill can be reintroduced tember 1, 1992, the day when the new Con­ what a giant contribution of a small country at at the start of the 106th and have a wide stitution of the Slovak Republic was adopted, the heart of Europe can provide to the rest of range of support. Dubcek was gravely injured in a car accident the world , definitely has his place among the I have left blank in the bill the question of and he died just a month before the inde­ great historic leaders of world democracy. (1) size of the deductible, and (2) whether pendent Slovakia was born. Unfortunately, he there should be caps on total out-of-pocket ex­ died when he was the most needed by his pense. Where these two numbers are set will mother country. OPTIONS FOR A MEDICARE This year the 30th anniversary of the PRESCRIPTION DRUG BENEFIT determine what the program will cost and thus "Dubcek Spring" is commemorated in many what the increase in Part B premiums will be. countries of the world. The American Univer­ HON. FORTNEY PETE STARK As we fill in these numbers, seniors and tax­ sity, jointly with the Embassy of the Slovak payers will decide whether the admitted cost OF CALIFORNIA of the program is worth its value. Republic, organized a series of events in IN THE HOUSE OF REPRESENTATIVES which the guest of honor was Dr. Paul There is no free lunch. If the deductible is Dubcek, Alexander's son . I had the honor and Thursday, October 8, 1998 set high, the cost will be low, but it will help pleasure of accompanying him through the Mr. STARK. Mr. Speaker, today, I intro­ many fewer people. If it is a low deductible, it U.S. Capitol and introducing him to such dis­ duced legislation that would provide a pre­ will be widely used, and the program's cost tinguished Congress Members as the Chair­ scription drug benefit for Medicare bene­ will be high. Do we want a low-deductible ben­ man of the Senate Foreign Relations Com­ ficiaries. The bill, if enacted, would close the efit, or do we want a catastrophic coverage mittee, Senator JESSE HELMS, and the Chair­ most glaring deficiency in the Medicare pro­ benefit that protects people against the sev­ man of the House International Relations gram. With pharmaceuticals becoming an eral thousand dollar-plus diseases? This is the Committee, Congressman BENJAMIN GILMAN. I ever-more important element in the treatment heart of the debate, and I hope to hear from had the opportunity to witness that the name of diseases, it is essential that we modernize the public and the industries involved on this of Dubcek still echoed in the ears of America's the Medicare program by including a drug key question. leaders. benefit. Following is some data that will give readers It is my honor to recognize Alexander I think there is almost universal agreement a feel for the cost of different levels of benefit Dubcek and also symbolically pay tribute to that Medicare should cover the cost of pre- and the trade-offs involved. TABLE 1.-PRESCRIPTION DRUG BENEFIT COSTS FOR SMI ENROLLEES [In billions of dollars]

Fiscal Years 2000 2001 2002 2003 2004 2005 2006 2007 2008 Rx Deductible = $1 ,000: Medicare Gross Outlays ...... ,...... 11.1 18.3 20.8 23.8 26.8 30.2 34 .l 38.4 43.3 SMI Premiums ...... - 2.9 - 4.2 - 4.8 - 5.4 - 6.2 - 7.0 - 7.9 - 8.9 - 10.0 Net Medicare Outlays ...... 8.2 14.1 16.1 18.2 20.8 23.3 26.2 29.6 33 .3 Medicaid Outlays ...... OJ 11 11 11 l.3 1.3 IA 1.4 1.6 Net Effect on Federal Spending ...... 9.1 16.3 17.2 19.4 21.9 24.6 27 .8 31.0 34.8 Addendum : Increase in Monthly SMI Premium 8.90 1000 11.20 12.60 14.10 15.70 17 .50 19.30 21.40 Rx Deductib le = $2 ,000: Medicare Gross Outlays ...... 5.7 9.7 11.6 13.6 15.8 18.6 215 25.0 28.9 8MI Premiums ...... - 1.4 - 2.1 - 2.6 - 3.0 - 3.5 - 4.1 - 4.9 - 6.6 - 6.6 Net Medicare Outlays ..... 4.3 7.8 8.9 10.5 12.3 14.4 16.7 19.3 22.3 0 1 1.2 1.6 1.7 1.7 1.8 1.8 1.9 2.0 2.1 ~:f ~f~~~t ~~ ?~e.ia· i·speniiing 5.5 9.2 10.6 12.2 14.1 16.2 18.6 21.3 24.4 Addendum: Increase in Monthly SMI Premium ...... 4.60 5.40 6.30 7.30 8.40 9.70 11.20 12.70 14.40 NOTES: All options would add prescription drug coverage to the SMI benefit package as of January 1, 2000. The Rx benefit would have a separate deductible and a 20% coinsurance requirement. Estimates have not been reviewed and are preliminary. No account has been taken of administrative costs or price discounts that would affect costs. It was assumed that Medicaid would cover cost-sharing expenses under the Rx benefit for Medicaid-eligible beneficiaries. TABLE 2.- FEDERAL COST OF MEDICARE DRUG COVERAGE UNDER ALTERNATIVE COST SHARING REQUIREMENTS WITH MEDICAID OFFSETS [In billions of dollars] 1.2

Prescription Drug Benefit Cost Sharing $250 Deductible, 20 Percent Copay, No $250 Deductible, 20 Percent Copay, $500 Deductible, 20 Percent Copay, Benefit Cap $1 ,500 Benefit Cap $1 ,500 Benefit Cap

Medicare Federal Net Federal Medicare Federal Net Federa l Medicare Fedeal Med- Net Federal Cost Medicaid Medicaid icaid Sav- Savings Cost Cost Savings Cost Cost in gs Cost

1999 ...... 19.0 2.0 17.0 14.5 1.5 13.0 11.4 1.3 10.1 2000...... 20 .6 2.2 18.4 16.7 1.6 14.1 12.4 1.4 11.0 2001 ...... 22.3 2.4 19.9 17.l 1.8 16.3 13.4 1.5 11.9 2002 ...... 24.1 2.6 215 18.4 1.9 16.5 14.5 1.6 12 .9 2003 ...... 26.1 2.8 23.3 20.0 2.1 17.9 15.8 1.7 14.1 2004 ...... 28.3 3.0 25.3 21.7 2.3 19.4 17.1 1.9 15.2 2005 ...... 30.7 3.3 27 .4 23 .5 2.5 21.0 18.6 2.0 16.6 2006 ...... 33.3 3.6 29.7 25.5 2.7 22 .8 20.2 2.2 18.0 2007 ...... 36 .4 3.9 32 .5 27 .8 2.9 24.9 21.9 2.4 19.5 2008 .. 39 .6 4.2 35 .4 30.2 3.1 27.1 23 .9 2.6 21.3 Total, 1999- 2003 112.1 11.9 100.2 85.7 8.9 76.3 67 .5 7.5 60.0 Total, 1999- 2006 280.4 29 .8 250.6 214.4 22 .3 192.1 169.2 16.6 160.6

1 Drug benefit costs valued at average acqusition cost. 2 Assumes that the deductible and benefit cap are indexed at the sa me rates as the Medicare Part A hospital deductible over time. Source: Lewis Group estimates using the Medicare Benefits Simuilation Model (MBSM). October 9, 1998 EXTENSIONS OF REMARKS 25257 TABLE 3.-FEDERAL COST OF AN ILLUSTRATIVE MEDICARE BENEFITS PACKAGE THAT INCLUDES PRESCRIPTION DRUG AND STOP-LOSS COVERAGE (In billions of dollars)

Prescription Drug Benefit: $500 Deduct- Stop-Loss Benefit: $5,000 Out-of-Pocket Total Cost of Illustrative Benefits Pack- ible, 20 Percent Copay, $1 ,500 Benefit Stop-Loss Cap age Cap Federal Medicare Federal Net Federal Medicare Federal Net Federal Medicare Medicaid Net Federal Cost Medicaid Cost Cost Medicaid Cost Cost Savings Cost Savings Savings 11.4 1.3 10.l 5.2 0.7 4.5 16.6 2.0 14.6 12.4 1.4 11.0 5.6 0.8 4.8 18.0 2.2 15.8 13.4 1.5 11.9 6.1 0.9 5.2 19.5 2.4 17.l 14.5 1.6 12.9 6.9 0.9 6.0 21.4 2.5 18.9 15.8 1.7 14.l 7.3 1.0 6.3 23.1 2.7 20.4 17.l 1.9 15.2 7.9 1.1 6.8 25.0 3.0 22.0 18.6 2.0 16.6 8.7 1.2 7.5 27 .3 3.2 24.l 20 .2 2.2 18.0 9.4 1.3 8.1 29.6 3.5 26.1 21.9 2.4 19.5 9.9 1.5 8.4 31.8 3.9 27.9 23.9 2.6 21.3 10.5 1.6 8.9 34.4 4.2 30.2 67 .5 7.5 60.0 31.1 4.3 26.8 98.6 11.8 86.8 169.2 18 .6 150.6 77 .5 11.0 66.5 246.7 29 .6 217.l Source: Lewin Group estimates using the Medicare Benefits Simulation Model (MBSM) .

TRIBAL SELF-GOVERNANCE was a demonstration project would become a and welfare of their own members as well as AMENDMENTS OF 1998 permanent IHS Self-Governance program. that of non-Indians who either live on their res­ Pursuant to H.R. 1833, tribes which have al­ ervations or conduct business with the tribes SPEECH OF ready contracted for IHS activities would con­ and are thus committed to safe and fair work­ HON. GEORGE MlllER tinue under the provisions of their contracts ing conditions and practices. while an additional 50 new tribes would be se­ OF CALIFORNIA A comprehensive description of the sub­ lected each year to enter into contracts. IN THE HOUSE OF REPRESENTATIVES stitute follows. I strongly urge my colleagues The 1998 amendments require that Indian Monday, October 5, 1998 tribes must meet certain criteria-they have to to pass this legislation. Mr. MILLER of California. Mr. Speaker, I am have experience in government contracting, SECTION-BY-SECTION DESCRIPTION OF proud to have sponsored this bill, the Tribal have clean audits, and demonstrate manage­ SUBSTrrUTE ment capability-in order to exercise the right Self-Governance Amendments of 1998, which SECTION 1. SHORT TITLE. I believe will mark yet another milestone in the to take over the operation of IHS functions, in­ history of Indian self-determination. This major cluding the funds necessary to run them. This provision sets forth the short title, legislation is the product of more than two H.R. 1833 also adds a new title VI which " The Tribal Self-Governance Act Amend­ ments of 1998." years of hard work and consultation with In­ authorizes a feasibility study regarding the dian tribes and the Administration. We have execution of tribal Self-Governance compacts SECTION 2. FINDINGS and funding agreements of Indian-related pro­ worked diligently with the tribes and the De­ This provision sets forth the findings of partment of Health and Human Services to grams outside the IHS but within the Depart­ ment of Health and Human Services on a Congress which reaffirm the inherent sov­ make this bill as fair as possible. I would like demonstration project basis. ereignty of Indian tribes and the unique gov­ to extend my appreciation to the tribal leaders, ernment-to-gover nment relationship be­ Although this issue was not addressed in tween the United States and Indian tribes. their representatives, and the Departmental this legislation, I want to express my continued staff who have made passage of this bill pos­ The findings make clear that while progress concern about the poor labor relations at var­ has been made, the federal bureaucracy has sible. ious Indian Health Service facilities throughout It is important to note that subsequent to the eroded tribal self-governance. The findings the West, but particularly the IHS facilities at state that the Federal Government has failed full committee mark up that occurred this Sacaton, Arizona and Owyhee, Nevada. Con­ to fully meet its trust responsibility and to spring, the tribes and the Department were trary to both the law and agency decisions, satisfy its obligations under treaties and able to work out additional differences. Thus the IHS has refused to complete its obligation other laws. The findings explain that Con­ there are several changes that I want to high­ to meet and negotiate with the Laborers' Inter­ gress has reviewed the tribal self-governance light. We were able to come to agreement on national Union which represents workers at demonstration project and concluded that issues regarding reassumption, regulation self-governance is an effective mechanism to these facilities. I also understand that the IHS implement and strengthen the federal policy waiver, trial de novo, rejection of final offer, continues to commit unfair labor practices. I and the creation of a new title VI to carry out of government-to-government relations with want to send a strong message to the IHS Indian tribes by transferring Indian tribes the non-IHS demonstration project study. that I will continue to monitor labor relations at full control and funding for federal pro­ Let me briefly explain what this bill does. IHS facilities and that continued indifference to grams, functions, services, or activities, or H.R. 1833, the Tribal Self-Governance the law and agency decisions will not be ig­ portions thereof. Amendments Act of 1998, would create two nored by Congress. I understand that the Ad­ SECTION 3. DECLARATION OF POLICY new titles in the 1975 Indian Self-Determina­ ministration is aware of my concerns and has tion and Education Assistance Act. The 1975 agreed to correct these issues in the very near This section provides that it is Congress' Act allows Indian tribes to contract for or take policy to permanently establish and imple­ future. ment tribal self-governance within the De­ over the administration and operation of cer­ I firmly believe that this bill advances the tain federal programs which provide services partment of Health and Human Services principle focus of the Self-Governance pro­ with the full cooperation of its agencies. to Indian tribes. Subsequent amendments to gram-to remove needless and sometimes Among the key policy objectives Congress the 1975 Act created Title 111 of the Act which harmful layers of federal bureaucracy that dic­ seeks to achieve through the self-governance provided for a Self-Governance Demonstration tate Indian affairs. By giving tribes direct con­ program are to (1) maintain and continue the Project that allows for large-scale tribal Self­ trol over federal programs run for their benefit United States' unique relationship with In­ Governance compacts and funding agree­ and making them directly accountable to their dian tribes; (2) allow Indian tribes the flexi­ ments on a "demonstration" basis. members, we are enabling Indian tribes to run bility to choose whether they wish to par­ The new title V created by H. R. 1833 would programs more efficiently and more inno­ ticipate in self-governance; (3) ensure the continuation and fulfillment of the United make this contracting by tribes permanent for vatively than federal officials have in the past. programs contracted for within the Indian States' trust responsibility and other respon­ And, allowing tribes to run these programs fur­ sibilities towards Indian Tribes that are con­ Health Service (IHS). Thus, Indian and Alaska thers the Congressional policy of strength­ tained in treaties and other laws; (4) permit Native tribes would be able to contract for the ening and promoting tribal governments. a transition to tribal control and authority operation, control, and redesign of various IHS The Self-Governance program recognizes over programs, functions, services, or activi­ activities on a permanent basis. In short, what that Indian tribes care for the health, safety, ties (or portions thereof); and (5) provide a 25258 EXTENSIONS OF REMARKS October 9, 1998 corresponding parallel reduction in the that inter-tribal consortia and tribal organi­ draw from tribal organizations and inter­ Federal bureaucracy. zations shall count as one tribe for purposes tribal consortia under this section shall be SECTION 4. TRIBAL SELF GOVERNANCE of the 50 tribe per year limitation contained entitled to participate in the permanent pro­ in section 503(a). gram under section 503(b)(2) and such partici­ This section sets out the substantive provi­ Subsection (a)(5) defines "gross mis­ pation shall not be counted against the 50 sions of the Self-Governance program within management" . The inclusion of this term is tribe a year limitation contained in section the Indian Health Service and authorizes a to govern one of the criteria that the Sec­ 503(a). feasibility study of the applicability of Self­ retary is to consider in the reassumption of (c) Applicant Pool. The eligibility criteria Governance to other Departmental agencies a tribally-operated program. The Secretary for self-governance tribes are the same as by adding Titles V and VI to the Indian Self­ will be given the authority to reassume pro­ those that apply under Title IV. To partici­ Determination and Education Assistance grams that imminently endanger the public pate, an Indian tribe must successfully com­ Act. health where the danger arises out of a com­ plete a planning phase, must request partici­ SECTION 501. ESTABLISHMENT pact or funding agreement violation. The pation in the program thr9ugh a resolution This provision directs the Secretary of Committee believes that the inclusion of a or official action of the governing body, and HHS to establish a permanent Tribal Self­ performance standard, in this case gross mis­ must have demonstrated financial stability Governance Program in the Indian Health management, is also an appropriate grounds and financial management capability for the Service. for reassumption. Gross mismanagement is past three years. Proof of no material audit SECTION 502. DEFINITIONS defined as a significant, clear, and con­ exceptions in the tribe's self determination vincing violation of compact, funding agree­ contracts or Self Governance funding agree­ Subsection (a)(l) defines the term "con­ ments is conclusive proof of such qualifica­ struction project". The Committee does not ment, regulatory or statutory requirements related to the transfer of Self-Governance tion. The Committee notes that the financial intend this legislation to preclude agree­ examination addressed in subsection 503(c)(3) ments between self-governance tribes and funds to the tribe that results in a signifi­ cant reduction of funds to the tribe's Self­ refers solely to funds managed by the tribe the Indian Health Service for carrying out under Title I and Title IV of the Indian Self­ sanitary facilities construction projects pur­ Governance program. The Committee's defi­ nition of gross mismanagement is narrowly Determination Act. The bill has been delib­ suant to a "Project Funding Agreement" or erately crafted to make clear that a tribe's " Memorandum of Agreement" executed as tailored and will require a high degree of proof by the Secretary. The Committee is activities in other economic endeavors are an addendum to a Title V Annual Funding not subject of the Section 503(c) examina­ Agreement as authorized by Section 7(a)(3) well aware of tribal concerns and agrees that the inclusion of this performance standard tion. Similarly, the "budgetary research" re­ of Pub. L. 86-121, 73 Stat. 267 (42 U.S.C. ferred to in section 503(d)(l) of the bill re­ § 2004(a)). must not be utilized by the Secretary in such a manner as to needlessly impose monitoring quires a tribe to research only budgetary Subsection (a)(2) provides that a "con­ issues related to the administration of the struction project agreement" is one between and auditing requirements that hinder the efficient operation of tribal programs. Intru­ programs the tribe anticipates transferring the Secretary and the Indian tribe that, at a to tribal operation under Self-Governance. minimum, establishes start and completion sive and overburdensome monitoring and au­ (d) Planning Phase. Every Indian tribe in­ dates, scope of work and standards, identifies diting activities are antithetical to the goals terested in participating in self-governance party responsibilities, addresses environ­ of Self-Governance. shall complete a planning phase prior to par­ mental considerations, identifies the owner Subsection (a)(6) defines " tribal shares". ticipating in the program. The planning and maintenance entity of the proposed This definition is consistent with the Title phase is to include legal and budgetary re­ work, provides a budget, provides a payment IV Rule-making Committee's determination search and internal tribal government plan­ process, and establishes a duration of the that residual funds are those "necessary to ning and organizational preparation. The construction project agreement. carry out the inherently federal functions planning phase is to be completed to the sat­ Subsection (a)(3) defines " inherent federal that must be performed by federal officials if isfaction of the tribe. functions" as those functions which cannot all tribes assume responsibilities for all BIA (e) Grants. Subject to available appropria­ be legally delegated to Indian tribes. This programs." Fed. Reg. Vol. 63, No. 29, 7235, tions, any Indian tribe interested in partici­ definition states the obvious. Inherent fed­ (Feb. 12, 1998) (Proposed Rule, 25 CFR Sec. pating in self-governance is eligible to re­ eral functions are functions which the Exec­ 1000.91). All funds appropriated under the In­ ceive a grant to plan for participation in the utive Branch cannot by law delegate to other dian Self-Determination and Education As­ Program or to negotiate the terms of a Com­ branches of governments, or non-govern­ sistance Act are either tribal shares or Agen­ pact and funding agreement. mental entities. The Committee's definition cy residual. (f) Receipt of Grant not Required. This sec­ is consistent with the Department of the In­ Subsection (a)(7) defines "Secretary" as tion provides that receipt of a grant from terior Solicitor's Memorandum of May 17, the Secretary of Health and Human Services. HHS is not required to participate in the per­ 1996 entitled "Inherently Federal Functions Subsection (a)(8) defines "Self-Govern­ manent program. under the Tribal Self-Governance Act of ance" as the program established under this SECTION 504. COMPACTS 1994. " The Committee's definition is ex­ title. Section (b) defines "Indian Tribe". This This section authorizes Indian tribes tone­ pressly intended to provide flexibility so as gotiate Compacts with the Secretary and to allow the Secretary and the tribes to definition enables an Indian tribe to author­ ize another Indian tribe, inter-tribal consor­ identifies generally the contents of Com­ come to agreement on which functions are pacts. While the Compact process was not inherently federal on a case-by-case basis. It tium or tribal organization to participate in self-governance of its behalf. The authorized specifically part of prior legislative enact­ is important to note that, in the tribal pro­ ment, the Committee understands that Com­ curement context, there is another factor Indian Tribe, inter-tribal consortium or trib­ al organization may exercise the authorizing pacts have developed as an integral part of the Committee has considered-when the Self Governance. The Committee believes federal government is returning tribal gov­ Indian tribe's rights as specified by Tribal resolution. that Compacts serve an important and nec­ ernmental powers and functions that are in­ essary function in establishing government­ herent in tribes governmental status such as SECTION 503. SELECTION OF PARTICIPATING to-government relations, which as noted ear­ those possessed by tribes before the estab­ TRIBES lier, is the keystone of modern federal Indian lishment of the federal Indian bureaurcracy, This section describes the eligibility cri­ policy. the scope of allowable transfers is broader teria that must be satisfied by any Indian (a) Compact Required. The Secretary is re­ than in the transfer of federal government tribe interested in participating. quired to negotiate and enter into a written powers to private or other governmental en­ (a) Continuing Participation. All tribes Compact consistent with the trust responsi­ tities. presently participating in the Tribal Self­ bility, treaty obligations and the govern­ Subsection (a)(4) defines "inter-tribal con­ Governance Demonstration Project under ment-to-government relationship between sortium". The Committee notes that during Title III of the Indian Self-Determination the United States and each participating the Title III Demonstration Project the IHS Act may elect to participate in the perma­ tribe. authorized intertribal consortia, such as the nent Self-Governance program. Tribes must (b) Contents. This section requires that co-signers to the Alaska Tribal Health Com­ do so through tribal resolution. Compacts state the terms of the govern­ pact, to participate in the Project and that (b) Additional Participants. (1) This sec­ ment-to-government relationship between participation has had great success. The defi­ tion allows an additional 50 tribes a year to the Indian Tribe and the United States. Com­ nition of " inter-tribal consortium" is in­ participate in self-governance. pacts may only be amended by agreement of tended to include " tribal organizations" as (2) This section allows an Indian tribe that both parties. that term is defined in Section 4(1) of the In­ chooses to withdraw from an inter-tribal (c) Existing Compacts. Upon enactment of dian Self-Determination Act, Pub. L. No. 93- consortium or tribal organization to partici­ Title V, Indian tribes have the option of re­ 638. This would include consortia such as pate in self-governance provided it independ­ taining their existing Compacts, or any por­ those involved in the Alaska Tribal Health ently meets the eligibility criteria in Title tion of the Compacts that do not contradict Consortium. It is the Committee's intent V. Tribes and tribal organizations that with- the provisions of Title V. October 9, 1998 EXTENSIONS OF REMARKS 25259 (d) Term and Effective Date. The date of signed to each program, function, service, or functions, services, or activities, (or portions approval and execution by the Indian Tribe activity (or portion thereof), the funds to be thereof) and reallocate or redirect funds in is generally the effective date of a Compact, transferred, the time and method of payment any way the Indian tribe considers to be in unless otherwise agreed to by the parties. A and other provisions that the parties agree the best interest of the Indian community. Compact will remain in effect as long as per­ to. Any redesign or consolidation, however, mitted by federal law or until terminated by (e) Subsequent Funding Agreements. Each must not have the effect of unfairly denying written agreement of the parties, or by ret­ funding agreement remains in full force and eligibility to people otherwise eligible to be rocession or reassumption. effect unless the Secretary receives notice served under federal law. SECTION 505. FUNDING AGREEMENTS from the Indian tribe that it will no longer (f) Retrocession. An Indian tribe may retrocede fully or partially back to the Sec­ This section authorizes Indian tribes to ne­ operate one or more of the programs, func­ tions, services, or activities, (or portions retary any program, function, service, or ac­ gotiate funding agreements with the Sec­ tivity (or portion thereof) included in a Com­ retary and identifies generally the contents thereof) included in the funding agreement or until a new funding agreement is executed pact or funding agreement. A lretrocession of those agreements. request becomes effective within the time (a) Funding Agreement Required. The Sec­ by the parties. The Committee is concerned with reports frame specified in the Compact or funding retary is required to negotiate and enter into agreement, one year from the date the re­ a written funding agreement consistent with that the IRS has been able to use the annual negotiations provisions of Section 303(a) of quest was made, the date the funding agree­ the trust responsibility, treaty obligations ment expires, or any date mutually agreed to and the government-to-government relation­ the Act to obtain an unfair bargaining ad­ vantage during negotiations by threatening by the parties, whichever occurs first. . ship between the United States and each par­ (g) Withdrawal. An Indian tribe that par­ ticipating tribe. to suspend application of the Act to a tribe if it does not sign an Annual" Funding Agree­ ticipates in self-governance through an (b) Contents. An Indian tribe may include inter-tribal consortium or tribal organiza­ in an funding agreement all programs, func­ ment. This subsection is meant to facilitate negotiation between the tribes and the In­ tion can withdr:aw from the consortium or tions, services, or activities, (or portions organization. The withdrawal becomes effec­ thereof) that it is authorized to carry out dian Health Service on a true government­ to-government basis. The Committee be­ tive within the time frame set out in the under Title I of the Act. Funding agreements tribe's authorizing resolution. If a time may, at the option of the Indian tribe, au­ lieves the retroactive provision is fair be­ cause this assures that no act or omission of frame is not specified, withdrawal becomes thorize the Tribe to plan and carry-out all effective one year from the submission of the programs, functions, services, or activities the federal government endangers the health and welfare of tribal members. request or on the date the funding agreement (or portion thereof) administered by the IHS expires, whichever occurs first. An alter­ that are carried out for the benefit of Indians (f) Existing Funding Agreements. Upon en­ actment of Title V, Tribes may either retain native date can be agreed to by the parties, because of their status as Indians or where including the Secretary. Indian tribes or Indian beneficiaries are the their existing annual funding agreements, or When an Indian tribe withdraws from an primary or significant beneficiaries, as set any portion thereof, that do not conflict inter-tribal consortium or tribal organiza­ forth in status. For each program, function, with provisions of title V, or negotiate new tion and wishes to enter into a Title I con­ service, or activity (or portion thereof) in­ funding agreements that conform to Title V. (g) Stable Base Funding. An Indian tribe tract or Title V agreement on its own, it is cluded in a funding agreement, an Indian entitled to receive its share of funds sup­ tribe is entitled to receive its full tribal may include a stable base budget in its fund­ porting the program, function, service, or ac­ share of funding, including funding for all ing agreement. A stable base budget contains tivity, (or portion thereof) that it will carry local, field, service unit, area, regional, and the tribe's recurring funding amounts and out under its new status. The funds must be central/headquarters or national office loca­ provides for transfer of the funds in a pre­ removed from the funding agreement of the tions. Available funding includes the Indian dictable and consistent manner over a spe­ participating organization or inter-tribal tribe's share of discretionary IHS competi­ cific period of time. Adjustments are made consortium and included in the withdrawing tive grants but not statutorily mandated annually only if there are changes in the tribe's agreement or contract. If the with­ competitive grants. level of funds appropriated by Congress. Non­ drawing tribe is to receive services directly The Committee is concerned with the re­ recurring funds are not included and must be from the Secretary, the tribe's share of funds luctance of the Indian Health Service to in­ negotiated on an annual basis. The Com­ must be removed from the funding agree­ clude all available federal health funding in mittee intends this section to codify the ex­ ment of the participating organization or self governance funding agreements. We isting Agency policy guidance on stable base inter-tribal consortium and retained by the note, as an example, the refusal of the IHS to funding. Secretary to provide services. Finally, an In­ so include the Diabetes Prevention Initiative SECTION 506. GENERAL PROVISIONS dian tribe that chooses to terminate its par­ funding. As a result, funding was delayed and (a) Applicab1lity. The provisions in this ticipation in the self-governance program undue administrative requirements diverted section may, at the tribe's option, be in­ may, at its option, carry out programs, func­ resources from direct services. This section cluded in a Compact or funding agreement tions, services, or activities, (or portions is intended to directly remedy this situation. negotiated under Title V. thereof) in a Title I contract of. Self-Govern­ The Committee has received ample testi­ (b) Conflicts of Interest. Indian tribes are ance funding agreement and retain its ma­ mony showing the benefits of self govern­ to assure that internal measures are in place ture contractor status. ance. In 1998, the National Indian Health to address conflicts of interest in the admin­ (h) Nonduplication. This section provides Board recently released its' " National Study istration of programs, functions, services, or that a tribe operating programs under a Self­ on Self-Determination and Self-Govern­ activities, (or portions thereof). Governance compact may not contract under ance," providing empirical evidence that (c) Audits. The Single Agency Audit Act Title I (a "638 contract") for the same pro­ self-governance leads to more efficient man­ applies to Title V funding agreements. In­ grams. agement of tribal health service delivery, es­ dian tribes are required to apply cost prin­ SECTION 507. PROVISIONS RELATING TO THE pecially preventive services. This study con­ ciples set out in applicable OMB Circulars, SECRETARY sistently observed an overall improvement as modified by section 106 of Title I or by This section sets out mandatory and non­ in quality of care when tribes operate their any exemptions that may be applicable to fu­ mandatory provisions relating to the Sec­ own Health Care systems. Less than full ture OMB Circulars. No other audit or ac­ retary's obligations. funding agreements will result in less than counting standards are required. Claims (a) Mandatory Provisions. maximum use of federal resources to address against Indian tribes by the Federal Govern­ (1) Health Status Reports. To the extent the health care in Indian country. Accord­ ment based on any audit of funds received that the data is not otherwise available to ingly, this section is to be interpreted broad­ under a Title V funding agreement are sub­ the Secretary, Compacts and funding agree­ ly by affording a presumption in favor of in­ ject to the provisions of section 106(f) of ments must include a provision requiring the cluding in a tribe's self-governance funding Title I. Indian tribe to report data on health status agreement any federal funding administered (d) Records. An Indian tribe's records are and service delivery. The Secretary is to use by that Agency. not considered federal records for purposes of this data in her annual reports to Congress. (c) Inclusion in Compact or Funding Agree­ the Federal Privacy Act, unless otherwise The Secretary is required to provide funding ment. Indians do not need to be specifically stated in the Compact or funding agreement. to the Indian tribe to compile such data. Re­ identified in authorizing legislation for a Indian tribes are required to maintain a porting requirements can only impose mini­ program to be eligible for inclusion in a record keeping system and, upon reasonable mal burdens on the Indian tribe and may Compact or funding agreement. advance request, provide the Secretary with only be imposed if they are contained in reg­ (d) Funding Agreement Terms. Each fund­ reasonable access to records to enable HHS ulations developed under negotiated rule­ ing agreement should generally set out the to meet its minimum legal record keeping making. programs, functions, services, or activities, requirements under the Federal Records Act. (2) Reassumption. Compacts or funding (or portions thereof) to be performed by the (e) Redesign and Consolidation. An Indian agreements must include a provision author­ Indian tribe, the general budget category as- tribe may redesign or consolidate programs, izing the Secretary to reassume a program, 25260 EXTENSIONS OF REMARKS October 9, 1998 function, service, or activity, (or portion of a final offer in any hearing, appeal or civil (c) Amount of Funding. The Secretary is thereof) if she makes a finding of imminent action. A decision relating to an appeal with­ required to provide an Indian tribe the same endangerment of the public health caused by in the Department is considered a final agen­ funding for a program, function, service, or the Indian tribe's failure to carry out the cy action if it was made by an administra­ activity, (or portion thereof) under self-gov­ Compact or funding agreement or gross mis­ tive judge or by an official of the Depart­ ernance that the tribe would have received management that causes a significant reduc­ ment whose position is at a higher level than under Title I. This includes all Secretarial tion in available funding. The Secretary is the level of the departmental agency in resources that support the transferred pro­ required to provide the Indian tribe with no­ which the decision that ls the subject of the gram, and all contract support costs (includ­ tice of a finding. The Indian tribe may take appeal was made. ing indirect costs) that are not available action to correct the problem identified in (e) Good Faith. The Secretary is required from the Secretary but are reasonably nec­ the notice. The Secretary has the burden at to negotiate in good faith and carry out his essary to operate the program. The bill re­ the hearing of demonstrating by clear and discretion under Title V in a manner that quires that the transfer of funds occur along convincing evidence the validity of the maximizes the implementation of self-gov­ with the transfer of the program. Thus the grounds for reassumptlon. In cases where the ernance. bill states that " the Secretary shall provide" Secretary finds imminent substantial and ir­ (f) Reduction of Secretarial Responsibil­ the funds specified, and the Secretary is not reparable endangerment of the public health ities. Any savings in the Department's ad­ authorized to phase-in funds in any manner caused by the tribe's failure to carry out the ministrative costs that result from the that is not voluntarily agreed to by Self­ Compact or funding agreement, the Sec­ transfer of programs, functions, services, or Governance tribe. retary may immediately re assume the pro­ activities, (or portions thereof) to Indian (d) Prohibitions. The Secretary is specifi­ gram but is required to provide the tribe tribes in self-governance agreements that cally prohibited from withholding, refusing with a hearing on the record within ten days are not otherwise transferred to Indian to transfer or reducing any portion of an In­ after reassumption. tribes under Title V must be made available dian tribe's full share of funds during a Com­ (b) Final Offer. If the parties cannot agree to Indian tribes for inclusion in their Com­ pact or funding agreement year, or for a pe­ on the terms of a Compact or funding agree­ pacts or funding agreements. We have con­ riod of years. The Committee is aware that ment, the Indian tribe may submit a final sistently indicated that Self Governance for the first twenty-one years of administra­ offer to the Secretary. The Secretary has 45 should achieve reductions in federal bureauc­ tion of the Indian Self-Determination Act, days to determine if the offer will be accept­ racy and create resultant cost savings. This the Department had never taken the position ed or rejected. The 45 days can be extended subsection makes clear that such savings are that it has the discretion to delay funding for the benefit of the Indian tribes. Savings by the Indian tribe. If the Secretary takes no are not to be utilized for other agency pur­ for any program transferred under the Act action the offer is deemed accepted by the poses, but rather are to be provided as addi­ absent tribal consent. However, a 1996 IHS Secretary. tional funds or services to all tribes, inter­ circular purported to do just that. Since this (c) Rejection of Final Offers. This provi­ tribal consortia, and tribal organizations in circular was issued, several Area offices have sion describes the only circumstances under a fair and equitable manner. refused to turn over substantial program which the Secretary may reject an Indian (g) Trust Responsibility. The Secretary is funds to tribal operation. In one instance tribe's final offer. prohibited from waiving, modifying or di­ both an Area office and Headquarters refused A rejection requires written notice to the minishing the trust responsibilities or other to transfer portions of programs for several Indian tribe within 45 days of receipt with responsibilities as reflected in treaties, exec­ years, and with respect to several Head­ specific findings that clearly demonstrate or utive orders or other laws and court deci­ quarters functions the IHS refused to trans­ are supported by controlling legal authority sions of the United States to Indian tribes fer the functions altogether. A recent Oregon that: (1) the amount of funds proposed ex­ and individual Indians. The Committee reaf­ Federal district court decision declared In­ ceeds the funding level that the Indian tribe firms that the protection of the federal trust dian Health Service's actions in these in­ is entitled to; (2) the program, function, responsibility to Indian tribes and individ­ stances illegal and the Committee agrees. service, or activity (or portion thereof) that uals is a key element of Self Governance. Additionally, funds that an Indian tribe is is the subject of the offer is an inherent fed­ The ultimate and legal responsibility for the entitled to receive may not be reduced to eral function that only can be carried out by management and preservation of trust re­ make funds available to the Secretary for the Secretary; (3) the applicant is not eligi­ sources resides with the United States as monitoring or administration; may not be ble to participate in self-governance; or (4) Trustee. The Committee believes that health used to pay for federal functions (such as pay the Indian tribe cannot carry out the pro­ care is a trust resource consistent with fed­ costs or retirement benefits); and, may not gram, function, service or activity, (or por­ eral court decisions. This subsection con­ be used to pay costs associated with federal tion thereof) without a significant danger or tinues the practice of permitting substantial personnel displaced by self-governance or risk to the public health. The Committee be­ tribal management of its trust resources pro­ Title I contracting. lieves the fourth provision appropriately bal­ vided that tribal activities do not replace the In subsequent years, funds may only be re­ ances the Secretary's trust responsibility to trustee's specific legal responsibilities. Sec­ duced in very limited circumstances: if Con­ assure the delivery of health care services to tion 507(a)(2) (reassumption) with its concept gress reduces the amount available from the Indian beneficiaries, with the equally impor­ of imminent endangerment of the public prior year's appropriation; if there is a direc­ tant goal of fostering maximum tribal self­ health provides guidance in defining the Sec­ tive in the statement of managers which ac­ determination in the administration of retary's trust obligation in the health con­ companies an appropriation; if the Indian health care programs transferred under Title text. tribe agrees; if there is a change in the V. The Committee has included the require­ (h) Decisionmaker. Final agency action is amount of pass-through funds; or, if the ment of a "specific finding" is included to a decision by either an official from the De­ project contained in the funding agreement avoid rejections which merely state conclu­ partment at any higher organizational level has been completed. sory statements that offer no analysis and than the initial decision maker or an admin­ (e) Other Resources. If an Indian tribe determination of facts supporting the rejec­ istrative law judge. Subparagraph (h)(2) is elects to carry out a Compact or funding tion. included to assure that the persons deciding agreement using federal personnel, supplies, The Secretary must also offer assistance to an administrative appeal are not the same supply sources or other resources that the the Indian tribe to overcome the stated ob­ individuals who made the initial decision to Secretary has available under procurement jections, and must provide the Indian tribe reject a tribe's " final offer." contracts, the Secretary is required to ac­ with an opportunity to appeal the rejection SECTION 508. TRANSFER OF FUNDS quire and transfer the personnel, supplies or and have a hearing on the record. In any (a) In General. The Secretary is required to resources to the Indian tribe. hearing the Indian tribe has the right to en­ transfer all funds provided for in a funding (f) Reimbursement to Indian Health Serv­ gage in full discovery. The Indian tribe also agreement, pursuant to Section 509(c) below. ice. The Indian Health Service is authorized has the option to proceed directly to federal Funds are also required to be provided for pe­ on a reimbursable basis to provide goods and district court under section 110 of Title I of riods covered by continuing resolutions services to tribes. Reimbursements are to be the Act in lieu of an administrative hearing. adopted by Congress, to the extent permitted credited to the same or subsequent appro­ The Secretary may only reject those por­ by such resolutions. When a funding agree­ priation account which provided the initial tions of a "final offer" which do not justify ment requires that funds be transferred at funding. The Secretary is authorized to re­ a rejection. By entering into a partial Com­ the beginning of the fiscal year, the transfer ceive and retain the reimbursed amounts pact or funding agreement the Indian tribe are to be made within 10 days after the Office until expended without remitting them to does not waive its right to appeal the Sec­ of Management and Budget apportions the the Treasury. retary's decision for the rejected portions of funds, unless the funding agreement states (g) Prompt Payment Act. This subsection the offer. otherwise. makes the Prompt Payment Act (31 U.S.C. (d) Burden of Proof. The Secretary has the (b) Multi-Year Funding. The Secretary is Chapter 39) applicable to the transfer of all burden of demonstrating by clear and con­ authorized to negotiate multi-year funding funds due to a tribe under a Compact or vincing evidence the validity of a rejection agreements. funding agreement. The first annual or semi- October 9, 1998 EXTENSIONS OF REMARKS 25261 annual transfer due under a funding agree­ Program, function, service, or activity (or and regulations (including executive orders) ment must be made within 10 calendar days portion thereof) included in a funding agree­ unless those laws expressly apply to Indian of the date the Office of Management and ment if doing so requires more funds than tribes. Compacts and funding agreements are Budget apportions the appropriations for were provided under the funding agreement. also not subject to program regulations that that fiscal year. Under this section, the Sec­ If an Indian tribe believes that the amount apply to the Secretary's operations. retary is obligated to pay to a Self-Govern­ of funds transferred is not enough to carry SECTION 511. CIVIL ACTIONS ance tribe interest, as calculated under the out a program, function, service, or activity, Prompt Payment Act, for any late payment (or portion thereof) for the full year, the In­ (a) Contract Defined. The Committee in­ under a funding agreement. dian tribe may so notify the Secretary. If the tends that Section 110 of Title I of the Act, (h) Interest or Other Income on Transfers. Secretary does not supply additional funds which grants tribes access to Federal Dis­ An Indian tribe may retain interest earned the tribe may suspend performance of the trict Court to challenge a decision by the or other income on funds transferred under a program, function, service, or activity (or Secretary, shall apply to this Title. Compact or funding agreement. Interest portion thereof) until additional funds are (b) Applicability of Certain Laws. This sub­ earned must not reduce the amount of funds provided. section provides that Department of Interior the tribe is entitled to receive during the approval of tribal contracts (25 U.S.C. 81) and year the interest was earned or in subse­ SECTION 509. CONSTRUCTION PROJECTS section 16 of the Indian Reorganization Act quent years. An Indian tribe may invest (a) In General. Indian tribes are authorized (25 U.S.C. 476) shall not apply to attorney funds received in a funding agreement as it to conduct construction projects authorized and other professional contracts with Self­ wishes, provided it follows the "prudent in­ under this Section. The tribes are to assume Governance tribes. vestment standard", a commonly utilized fi­ full responsibility for the projects, including SECTION 512. FACILITATION duciary standard, that the Committee be­ responsibility for enforcement and compli­ lieves is strict enough to ensure that funds ance with all relevant federal laws, including (a) Secretarial Interpretation. This section are invested wisely and safely yet provide a the National Historic Preservation Act of requires the Secretary to interpret all execu­ reasonable yield on investment. 1966 and the National Environmental Policy tive orders, regulations and federal laws in a Eligible investments under the prudent in­ Act of 1969. A tribe undertaking a construc­ manner that wlll facilitate the inclusion of vestment standard may include the fol­ tion project must designate a certifying offi­ programs, functions, services, or activities, lowing: (1) cash and cash equivalents (includ­ cer to represent the tribe and accept federal (or portions thereof) and funds associated ing bank checking accounts, savings ac­ court jurisdiction for purposes of the en­ therewith under Title V, implementation of counts, and brokerage account free cash bal­ forcement of federal environmental laws. Title V Compacts and funding agreements, ances that carry a quality rating Al Pl, or (b) Negotiations. This subsection provides and the achievement of Tribal health goals AA or higher) (2) money market accounts that negotiation of construction projects are and objectives where they are not incon­ with an A rating or higher, (3) certificates of negotiated pursuant to Section 105(m) of the sistent with Federal law. This section rein­ deposit where the amounts qualify for insur­ Act and construction project agreements in­ forces the Secretary's obligation not merely ance ($100,000 or less) or where the issuing cluded in the funding agreement as an adden­ to provide health care services to Native bank has delivered a specific assignment, (4) dum. American tribes, but to facilitate the efforts bank repossession certificates where the (c) Codes and Standards. The tribes and the of tribes to manage those programs for the amounts qualify for insurance ($100,000 or IHS must agree to standards and codes for maximum benefit of their communities. less) or where the issuing bank has delivered the construction project. The agreement will (b) Regulation Waiver. An Indian tribe par­ a specific assignment, (5) U.S. Government be in conformity with nationally accepted ticipating in Self-Governance under Title V or Agency Securities, (6) commercial paper standards for comparable projects. may seek a waiver of an applicable Indian rated Al Pl at time of purchase and which (d) Responsibility for Completion. This Self-Determination Act regulation by sub­ cannot exceed 10% of portfolio at time of subsection provides that the Indian tribe mitting a written waiver request to the Sec­ purchase with any one issuer (short term must assume responsibility for the success­ retary. The Secretary has 90 days to respond paper-under 90 days-may be treated as a ful completion of the project according to and a failure to act within that period is cash equivalent), (7) auction rate preferred the terms of the construction project agree­ deemed an approval of the request by oper­ instruments that are issued by substantial ment. ation of law. Action on a waiver request is issuers, are rated AA or better, and may be (e) Funding. This subsection provides that final for the Department. Denials may be utilized with auction maturities of 28 to 90 funding of construction projects will be made upon a specific finding that the waiver days, (8) corporate bonds of U.S. Corpora­ through advance payments, on either an an­ is prohibited by federal law. Failure to act tions that have Moody's, Standard and nual or semi-annual basis. Payment amounts within the 90 day period by the Secretary is Poor's, or Fitch's rating of A or equivalent will be determined by project schedules, deemed an approval. and where no more than 10% of portfolio at work already completed, and the amount of (c) Access to Federal Property. This sub­ time of purchase is invested in the securities funds already expended. Flexibility in pay­ section addresses tribal use of federal build­ of any one issuer, (9) dollar denominated ment schedules will be maintained by the ings, hospitals and other facilities, as well as short term bonds of the G7 Nations or World IHS through contingency funds to take ac­ the transfer to tribes of title to excess per­ Bank only if the yields exceed those of U.S. count of exigent circumstances such as sonal or real property. At the request of an instruments of equivalent maturity and weather and supply. Indian tribe the Secretary is required to per­ quality, and where no more than 25% of port­ (f) Approval. This subsection allows the mit the Indian tribe to use government­ folio at time of purchase is invested in this Secretary to have at least one opportunity owned real or personal property under the asset category, (10) properly registered short to approve tribal project planning and design Secretary's jurisdiction under such terms as term no-load government or corporate bond documents or significant amendments to the the parties may agree to. mutual funds with a safety rating and aver­ original scope of work before construction. The Secretary is required to donate tit.le to age fund quality of A or higher, which dem­ The tribe is to provide at least semiannual personal or real property that is excess to onstrate low volatility, and where no more progress and financial reports. The Secretary the needs of any agency or the General Serv­ than 25% of portfolio at time of purchase is is allowed to conduct semiannual site visits ices Administration as long as the Secretary invested in any one fund. or on another basis if agreed to by the tribe. has determined that the property is appro­ Carryover of Funds. All funds paid to an (g) Wages. This subsection mirrors section priate for any purpose for which a compact is Indian tribe under a Compact or funding 7(a) of the Indian Self-Determination and authorized, irrespective of whether a tribe is agreement are "no year" funds and may be Education Assistance Act which incor­ in fact administering a particular program spent in the year they are received or in any porates Davis-Bacon wage protections for that matches that purpose. For instance, if a future fiscal year. Carryover funds are not to workers. tribe is not administering a mental health reduce the amount of funds that the tribe (h) Application of Other Laws. This sub­ program under its IHS compact or funding may receive in subsequent years. section provides that provisions of the Office agreement, the Secretary may nonetheless (j) Program Income. All program income of Federal Procurement Policy Act, the Fed­ acquire excess or surplus property and do­ (including Medicare/Medicaid) earned by an eral Acquisition Regulations, and other fed­ nate such property to the tribe so long as the Indian tribe is supplemental to the funding eral procurement laws and regulations do Secretary determines that the tribe will be that is included in its funding agreement. not apply to construction projects, unless using the property to administer mental The Secretary may not reduce the amount of agreed to by the participating tribe. health services. funds that the Indian tribe may receive Title to property furnished by the govern­ under its funding agreement for future fiscal SECTION 510. FEDERAL PROCUREMENT LAWS AND ment or purchased with funds received under years. The Indian tribe may retain such in­ PROGRAM REGULATIONS a Compact or funding agreement vests in the come and spend it either in the current or fu­ This section provides that unless otherwise Indian tribe if it so chooses. Such property ture years. agreed to by the parties, Compacts and fund­ also remains eligible for replacement, main­ (k) Limitation of Costs. An Indian tribe is ing agreements are not subject to federal tenance or improvement on the same terms not required to continue performance of a contracting or cooperative agreement laws as if the United States had title to it. Any 25262 EXTENSIONS OF REMARKS October 9, 1998 property that is worth $5,000 or more at the (b) The budget must identify the present who have the economic means to pay for time of a retrocession, withdrawal or re­ level of need and any shortfalls in funding services. For many years the Interior and assumption may revert back to the United for every Indian tribe in the United States Related Agencies Appropriations Bills in­ States at the option of the Secretary. that receives services directly from the Sec­ cluded language that prohibited the Indian (d) Matching or Cost-Participation Re­ retary, through a Title I contract or in a Health Service, without explicit direction quirement. Funds transferred under Com­ Title V Compact and funding agreement. from Congress, from billing or charging Indi­ pacts and funding agreements are to be con­ SECTION 514. REPORTS ans who have the economic means to pay. In sidered non-federal funds for purposes of 1997 the language was removed from the Ap­ meeting matching or cost participation re­ (a) Annual Report. The Secretary is re­ propriation bills and it has not been included quirements under federal or non-federal pro­ quired to submit to Congress on January 1 of since. This section reflects the Committee's grams. every year a written report on the Self-Gov­ intent that the IHS is prohibited from billing (e) State Facilitation. This section encour­ ernance program. The report is to include Indians for services, and is further prohibited ages and authorizes States to enter agree­ the level of need presently funded or un­ from requiring any Indian tribe to do so. ments with tribes supplementing and facili­ funded for every Indian tribe in the United States that receives services directly from SECTION 516. APPLICATION OF OTHER SECTIONS tating Title V and other federal laws that OF THE ACT benefit Indians and Indian tribes, for exam­ the Secretary, through a Title I contract or (a) This section expressly incorporates a ple, welfare reform. It is designed to provide in a Title V Compact and funding agreement. federal authority so as to remove equal pro­ The Secretary may not impose reporting re­ number of provisions from other areas of the tection objections where states enter into quirements on Indian tribes unless specified Indian Self-Determination and Education special arrangements with tribes. in Title V. Assistance Act into Title V. These sections The Committee wants to foster enlight­ (b) Contents. The Secretary's report must include: 5(b) (access for three years to tribal ened and productive partnerships between identify: (1) the costs and benefits of self­ records), 6 (setting our penalties that apply state and local governments, on the one governance; (2) all funds related to the Sec­ if an individual embezzles or otherwise mis­ hand, and Indian tribes on the other; and, retary's provision of services and benefits to appropriates funds under Title V); 7 (Davis­ the Committee wants to be sure that states self-governance tribes and their members; (3) Bacon wage and labor standards and Indian are authorized by the Federal Government to all funds transferred to self-governance preference requirements); 102(c) and (d) (re­ undertake such initiatives, as part of the tribes and the corresponding reduction in the lating to Federal Tort Claims Act coverage); Federal Government's constitutional author­ federal bureaucracy; (4) the funding formula 104 (relating to the right to use federal per­ ity to deal with Indian tribes as political en­ for individual tribal shares; (5) the amount sonnel to carry out responsibilities in a Com­ tities, irrespective of any limitations which expended by the Secretary during the pre­ pact or funding agreement); 105(k) (access to have from time to time been argued might ceding fiscal year to carry out inherent fed­ federal supplies); 111 (clarifying that Title V otherwise exist with respect to state action eral functions; and (6) contain a description shall have no impact on existing sovereign under either state constitutional provisions of the method used to determine tribal immunity and the United States' trust re­ or other provisions of the Constitution. shares. The Secretary's report must be dis­ sponsibility); and section 314 Public Law No. Many state and tribal governments have un­ tributed to Indian tribes for comment no less 101- 512 (coverage under the Federal Tort dertaken positive initiatives both in health than 30 days prior to its submission to Con­ Claims Act). care issues and in natural resource manage­ (b) At the request of an Indian tribe, other gress and include the separate views of In­ provisions of Title I of the Indian Self-Deter­ ment, and it is the Committee's strong de­ dian tribes. sire to fully support, authorize and encour­ (c) Report on IHS Funds. This section re­ mination Act which do not conflict with pro­ age such cooperative efforts. quires the Secretary to consult with Indian visions in Title V may be incorporated into a Compact or funding agreement. If incorpo­ (f) Rules of Construction. Provisions in tribes and report, within 180 days after Title this Title and in Compacts and funding V is enacted, on funding formulae used to de­ ration is requested during negotiations it agreements shall be liberally construed and termine tribal shares of funds controlled by will be considered effective immediately. ambiguities decided for the benefit of the In­ IHS. The formulae are to become a part of SECTION 517. REGULATIONS dian tribe participating in the program. the annual report to Congress discussed This section gives the Secretary limited SECTION 513. BUDGET REQUEST above in Section 514(d). This provision is not authority to promulgate regulations imple­ (a) The President is required to annually intended to relieve HHS from its obligation menting Title V. identify in his/her budget all funds needed to under Title V to make all funds controlled (a) In general. The Secretary is required to fully fund all Title V Compacts and funding by the central office, national, headquarters initiate procedures to negotiate and promul­ agreements. These funds are to be appor­ or regional offices available to Indian tribes. gate regulations necessary to carry out Title tioned to the Indian Health Service which This provision is also not intended to require V within 90 days of enactment of Title V. will then be transferred to the Office of Trib­ reopening funding formulae that are already The procedures must be developed under the al Self-Governance. The IHS may not there­ being used by HHS to distribute funds to In­ Federal Advisory Committee Act. The Sec­ after reduce the funds a tribe is otherwise dian tribes. Any new formulae or revision of retary is required to publish proposed regula­ entitled to receive whether or not such funds existing formulae should be determined only tions no later than one year after the date of have been apportioned to the Office of Tribal after significant regional and national tribal enactment of Title V. The authority to pro­ Self-Governance. consultation. mulgate final regulations under Title V ex­ The Committee has been made aware that pires 21 months after enactment. The Com­ the current system for payment and ap­ SECTION 515. DISCLATh1ERS mittee is aware of the success of the Title I proval of funding and amendments for An­ (a) No Funding Reduction. This prov1s1on negotiated rulemaking and believes that one nual Funding Agreements for Self-Govern­ states that nothing in Title V shall be inter­ reason for its success is a similar limitation ance Demonstration tribes is inefficient and preted to limit or reduce the funding for any of rulemaking authority contained in section time consuming. In addition, by leaving au­ program, project or activity that any other 107(a) of the Indian Self-Determination Act, thority and responsibility for distributions Indian tribe may receive under Title I or which this section is modeled after. to Area Offices, there have been reported in­ other applicable federal laws. A tribe that al­ (b) Committee. This provision requires stances of excessive and unwarranted asser­ leges that a Compact or funding agreement that a negotiated rulemaking committee tion of authority by Area Offices over self violates this section may rely on Section 110 made up of federal and tribal government governance tribes. This includes Area Offices of the Act to seek judicial review of the alle­ members be formed in accordance with the retaining shares of funds not authorized to gation. Negotiated Rulemaking Act. A majority of be retained by the tribe's Annual Funding (b) Federal Trust and Treaty Responsibil­ the tribal committee members must be rep­ Agreement. The Committee concludes that ities. This section clarifies that the trust re­ resentatives of and must have been nomi­ by requiring a report on Self Governance ex­ sponsibility of the United States to Indian nated by Indian tribes with Title V Com­ penditures, and by moving all Self-Govern­ tribes and individual Indians which exists pacts and funding agreements. The com­ ance funding onto a single line, the Congress under treaties, Executive Orders, laws and mittee will confer with and allow representa­ will be able to achieve the following ends: court decisions shall not be reduced by any tives of Indian tribes, inter-tribal consor­ more accurately gauge the amount of fund­ provision of Title V. tiums, tribal organizations and individual ing flowing directly to Tribes through par­ (c) Tribal Employment. This provision ex­ tribal members to actively participate in the ticipation in Self governance; generate sav­ cludes Indian tribes carrying out responsibil­ rulemaking process. ings through decreasing the bureaucratic ities under a Compact or funding agreement (c) Adaptation of Procedures. The nego­ burden on the payment and approval process from falling under the ·definition of " em­ tiated rulemaking procedures may be modi­ in the Indian Health Service; expedite the ployer" as that term is used in the National fied by the Secretary to ensure that the transferal of funding to tribal operating Labor Regulations Act. unique context of self-governance and the units; and, aid in the implementation of true (d) Obligations of the United States. The government-to-government relationship be­ government to government relations and IHS is prohibited from billing, or requiring tween the United States and Indian tribes is tribal self determination. Indian tribes from billing, individual Indians accommodated. October 9, 1998 EXTENSIONS OF REMARKS 25263 (d) Effect. The effect of Title V shall not be sultation process allow for input from Indian Jersey to pay tribute to this woman who has limited if regulations are not published. tribes and other entities who wish to com­ given so much to our community. I feel fortu­ (e) Effect of Circulars, Policies, Manuals, ment. nate to have forged a friendship with Ms. Guidances and Rules. Unless an Indian tribe (b) Conducting Study. This provision re­ agrees otherwise in a Compact or funding quires that when the Secretary conducts the Epperson, whom I have come to know as a agreement, no agency circulars, policies, study, she is to consult with Indian tribes, wonderful, caring person and tireless commu­ manuals, guidances or rules adopted by the states, counties, municipalities, program nity activist. Her character and concern for IHS apply to the tribe. beneficiaries, and interested public interest those around her are summed up in the words SECTION 518. APPEALS groups. she holds as her motto and her mission: "To In any appeal (including civil actions) in­ SECTION 603. DEFINITIONS make my life a source of inspiration to others, volving a decision by the Secretary under (a) This subsection is 'intended to incor­ and a part of tomorrow's history. Never to look Title V, the Secretary carries the burden of porate into Title VI the definitions used in down on anyone unless it is to give them a proof. To satisfy this burden the Secretary Title V. hand to lift them up." must establish by clear and convincing evi­ (b) This subsection defines " agency" to Among her many accomplishments, Ms. dence the validity of the grounds for the de­ mean any agency in the Department of Epperson was named Auxilian of the New Health and Human Services other than the cision made and that the decision is fully Year for her 25 years of service to the Univer­ consistent with provisions and policies of Indian Health Service. sity of Medicine and Dentistry of New Jersey's Title V. SECTION 604. AUTHORIZATION OF APPROPRIATIONS University Hospital Auxiliary. This award hon­ SECTION 519. AUTHORIZATION OF ored Ms. Epperson as an individual who dem­ APPROPRIATIONS This section authorizes the appropriation onstrated outstanding leadership skills, worked This section authorizes Congress to appro­ of such sums as necessary for fiscal years priate such funds as are necessary to carry 1999 and 2000 in order to carry out Title VI. to improve the health of the community and out Title V. SECTION 5. AMENDMENTS CLARIFYING CIVIL contributed to the advancement of the hospital and its auxiliary. A champion of health issues SECTION 601. DEMONSTRATION PROJECT PROCEEDINGS FEASIBILITY (a) This provision amends Section 102(e)(l) in her Central Ward neighborhood, Ms. This provision requires an 18 month study of the Act to clarify that the Secretary has Epperson took up the cause of patient advo­ to determine the feasibility of creating a the burden of proof in any civil action pursu­ cacy in her role as patient ombudsman at Tribal Self-Governance Demonstration ant to Section llO(a). Martland, which is now called University Hos­ Project for other agencies, programs and (b) The provision provides that the amend­ pital, over two decades ago. She became a services in the Department of Health and ment to Section 102(e)(l) set out subsection founding member of the Martland Hospital Human Services. (a) shall apply to any proceeding commenced after October 25, 1994. Auxiliary, where she put innovative ideas into (a) Study. This subsection authorizes the action. Among the programs the auxiliary SECTION 6. SPEEDY ACQUISITION OF GOODS AND feasibility study. sponsored were a lead poisoning awareness (b) Considerations. This subsection re­ SERVICES quires the Secretary to consider (1) the ef­ This section requires the Secretary to program in local grammar schools, a fects of a Demonstration Project on specific enter into agreements for acquisition of "Careermobile" which traveled to local high programs and beneficiaries, (2) statutory, goods and services for tribes, including phar­ schools to educate young people about health regulatory or other impediments, (3) strate­ maceuticals at the best price and in as fast care careers, the purchase of a van to trans­ gies for implementing the Demonstration a manner as is possible, similar to those ob­ port patients to the hospital for outpatient serv­ Project, (4) associated costs or savings, (5) tained buy agreement by the Veterans Ad­ ices, nurse education programs, and fur­ methods to assure Demonstration Project ministration. nishing a pediatric playroom and a bereave­ quality and accountability, and (6) such SECTION 7. PATIENT RECORDS ment room. In 1998, she was honored by the other issues that may be raised during the This section provides that Indian patient city and inducted into the Newark's Women consultation process. records may be deemed to be federal records (c) Report. This subsection provides that Hall of Fame. under the Federal Records Acts in order to Ms. Epperson is an inspiration to us all as the Secretary is to submit a report to Con­ allow tribes to store patient records in the gress on the results of the study, which pro­ Federal Records Center. she continues to remain active in numerous grams and agencies are feasible to be in­ organizations, including the Newark Senior cluded in a Demonstration Project, which SECTION 8. REPEALS Citizens Commission, the Newark Affirmative programs would not require statutory This Section repeals Title III of the Indian Action Committee, the Black Presbyterians Self-Determination and Education Assist­ changes or regulatory waivers, a list of legis­ United, Golden Heritage, the NAACP, and the lative recommendations for programs that ance Act which authorizes the Demonstra­ are feasible but would require statutory tion Project replaced by this Act. League of Women Voters. Mr. Speaker, I changes, and any separate views of Indian SECTION 9. SAVIN GS PROVISION know my colleagues here in Congress join me tribes or other entities involved in the con­ This section provides that funds already in wishing Ms. Epperson a happy birthday and sultation process. appropriated for Title III of the Indian Self­ continued success and happiness. The Committee has deferred to the Sec­ Determination and Education Assistance Act retary's request not to provide for a dem­ shall remain available for use under the new onstration or pilot project component to the Title V. THE MEDICARE NURSING AND Feasibility Study to determine how to best SECTION 10. EFFECTIVE DATE PARAMEDICAL EDUCATION ACT apply Self-Governance to agencies other OF 1998 than the Indian Health Service at HHS. The This section provides that the Act shall Secretary has pledged to work in a coopera­ take effect on the date of enactment. tive spirit with the Indian tribes to quickly HON. KEN BENTSEN identify those programs outside the IHS that OF TEXAS are suitable for Self-Governance. The Com­ LOUISE EPPERSON TO CELEBRATE IN THE HOUSE OF REPRESENTATIVES mittee believes that there are agencies and HER 90TH BIRTHDAY programs outside of the IHS that should be Thursday, October 8, 1998 ready to participate in the Self-Governance HON. DONALD M. PAYNE Mr. BENTSEN. Mr. Speaker, I rise today to program at the conclusion of the study and introduce legislation, the Medicare Nursing anticipates the introduction of legislation at OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES and Paramedical Education Act of 1998, to that time to authorize such participation. ensure that our nati.on continues to invest in SECTION 602. CONSULTATION Thursday, October 8, 1998 the training of nurses and allied health profes­ (a) Study Protocol. This Provision requires Mr. PAYNE. Mr. Speaker, I would like to ask sionals even as our health care system makes the Secretary to consult with Indian tribes my colleagues here in the U.S. House of Rep­ its transition to the increased use of managed to determine a protocol for conducting the resentatives to join me in recognizing a very care. I am pleased that several colleagues are study. The protocol shall require that the government-to-government relationship be­ special person who will be honored at her joining me as original co-sponsors to this ini­ tween the United States and the Indian 90th birthday celebration later this month, Ms. tiative, including Reps. CRANE, GANSKE, tribes forms the basis for the study, that Louise Epperson. CARDIN, RANGEL, STARK, and JEFFERSON. consultations are jointly conducted by the Friends and family will gather at Clinton Av­ This legislation would provide guaranteed tribes and the Secretary, and that the con- enue Presbyterian Church in Newark, New federal funding for nursing and paramedical 25264 EXTENSIONS OF REMARKS October 9, 1998 education and help ensure that our nation transfers this funding directly to teaching hos­ together to complete the work that we have to continues to train enough nurses and other pitals to help pay the costs of graduate med­ do. The American people elected us to this health care providers during this transition to ical education. This law provides $5 billion for body to serve in their best interest and uphold managed care. Without such a guarantee, I physician medical education over five years. the principles of democracy. Let us break am concerned that the availability and quality However, the law did not requ ire Medicare down the wall that exists in the aisle of this of medical care in our country would be at managed care health plans to provide similar hall and work together to address the issues risk. funding for nursing and allied health profes­ before us. Teaching hospitals have a different mission sional programs. My legislation would correct and caseload than other hospitals. These hos­ this omission by extending the provisions of pitals are teaching centers where reimburse­ the Balanced Budget Act to require Medicare IN HONOR OF MAJOR THOMAS ments for treating patients must pay for the managed care plans to contribute a portion of CARR cost not only of patient care, but also for med­ their AAPCC payment to teaching institutions ical education including nursing and para­ which provide nursing and allied health profes­ HON. PHIL ENGLISH medical education. In the past, teaching hos­ sional education. All health care consumers, OF PENNSYLVANIA pitals were able to subsidize the cost of med­ including those in Medicare managed care IN THE HOUSE OF REPRESENTATIVE S ical education through higher reimbursements plans, benefit from this training and should Thursday, October 8, 1998 from private and public health insurance pro­ contribute equally towards this goal. grams. With the introduction of managed care, Our nation's medical education programs Mr. ENGLISH of Pennsylvania. Mr. Speaker, these subsidies are being reduced and elimi­ are the best in the world. Maintaining this ex­ it is with great sadness and a deep sense of nated. cellence requires continued investment by the pride, that I rise today to honor Major Thomas Under current law, the Medicare program federal government. Our teaching hospitals Carr, a native of Erie, Pennsylvania. Major provides payments to teaching hospitals for need and deserve the resources to meet the Carr lost his life on September 12, 1998, dur­ nursing and paramedical education. These challenge of our aging population and our ing an Air Force attack training mission when Medicare payments pay a portion of the costs changing health care marketplace. This legis­ his F-160 jet went down over the Avon associated with the required classroom and lation would ensure that our nation continues Bombing Range in Florida. clinical training. to have the health care professionals we need Major Thomas Carr, 37, a United States Air As more Medicare beneficiaries enroll in to provide quality health care services in the Force Reservist, set a positive example for all managed care plans, payments for nursing future. of us. As his Meritorious Service Medal Cita­ and paramedical education are reduced in two I also believe that this legislation is fiscally tion states, "He sacrificed his life in the de­ ways. First, many managed care patients no responsible. This legislation has no budgetary fense of his nation, and in the name of free­ longer seek services from teaching hospitals impact, because a portion of the payment to dom." Major Carr, a widely re$pected officer, because their plans do not allow it. Second, managed care plans would simply be shifted set high standards and inspired those who payments are cut because the formula for to these teaching institutions. had the privilege of knowing him. these payments is based on the number of I urge my colleagues to support this effort to Major Carr developed his love of flying as a traditional, fee-for-service Medicare patients provide guaranteed funding for nursing and al­ child at his first Erie Air Show. As an Air Force served at these hospitals. When fewer pa­ lied health professional education. aviator, he understood and accepted the risks tients visit hospitals, these pass-through pay­ associated with flying planes. Living life to the ments are reduced . fullest, he moved effortlessly from riding a dirt In 1995, Medicare provided $253 million for PUT PARTISANSHIP ASIDE bike and waterskiing to flying F-160 jets for a portion of the costs associated with the al­ the Air Force. lied health and nursing education. This pay­ HON. KAREN McCARTHY Major Carr had over 12 years of Air Force ment represents 37 percent of the total costs OF MISSOURI service-eight years of active duty and four of operating these programs at 731 hospitals IN THE HOU SE OF REPRESENTATIVE S years of reserve duty. In his military career, he nationwide. According to a recent Lewin Thursday, October 8, 1998 had been stationed in Korea, the Persian Gulf, Group estimate, allied health and nursing edu­ Ms. McCARTHY. Mr. Speaker, I rise today Italy, Iraq, and Bosnia, flying several missions cation pass-through programs would be re­ to stress the importance of the work that this around the world. In fact, earlier this year, he duced by $80 million in 2002 from current lev­ Congress needs to complete before we ad­ had flown missions over Iraq during Operation els because of fewer Medicare beneficiaries journ. We will be making a momentous deci­ Northern Watch. utilizing teaching institutions. This year, for ex­ sion today, and each one of us must reflect Major Thomas Carr received numerous ample, Methodist Hospital in Houston esti­ carefully on that decision. ·However, we also awards for his performance as a pilot from the mates that it would lose $71,871 because have several critical issues still facing us, and Air Force. Major Carr was awarded the Air Medicare managed care patients are not seek­ we must focus on these concerns and fulfill Force Meritorious Service Medal, which was ing services from them . Clearly, we need to our responsibility to the American people. presented to his family posthumously. He was correct this inequity. We must pass a budget. Tomorrow marks best described as "the epitome of a fighter As the representative for the Texas Medical the last day of the continuing resolution signed pilot." Mr. Speaker, I have enclosed the cita­ Center, home of two medical schools, three by the President. We are facing the threat of tion that accompanied this award and ask that nursing programs, and several paramedical a government shutdown. As we all know, a it be inserted in the RECORD. programs, I have seen firsthand the invaluable government shutdown means no veteran ben­ Major Carr was a 1979 Erie Tech Memorial role of medical education in our health care efits, Social Security benefits, or student loan High School graduate. He graduated from system and the stresses being placed on it funds. Clemson University with a degree in electrical today. For instance, Methodist Hospital pro­ The American people deserve access to ex­ engineering in 1984. He was a graduate of the vides training for 825 students in its nursing, cellent and affordable health care. If people do Air Force's elite Fighter Weapons School. He allied health, physical and occupational ther­ not have good medical care, they may suffer was also a pilot for American Airlines based apy, respiratory therapy, laboratory tech­ severe consequences, and sometimes, even out of Miami, Florida. nology, and pharmacy programs. I am con­ death. I urge the House leadership to work Major Carr is survived by his wife, Karen; cerned that without sufficient Medicare support with my Democratic colleagues to find a solu­ sister Kathy Rozantz; and his parents, Tom that these programs would be jeopardized. tion to the managed care dilemma. and June Carr of Erie, Pennsylvania. Our The Balanced Budget Act of 1997 included We must protect Social Security first and thoughts and prayers go out to Major Carr's a provision, similar to legislation I introduced, ensure the financial security of our retirees family and friends. to ensure that Medicare managed care health now and into the future. We must resist the C ITATION TO ACCOMPANY THE AWARD OF THE plans contribute to the cost of graduate med­ temptation to use Social Security funds for M ERITORIOUS S ERVICE M EDAL (P OST- ical education at teaching and research hos­ anything but the long-term solvency of this im­ HUMOUS) TO THOMAS M . CARR pitals. This law carves out a portion of the Ad­ portant, successful, and needed program. Major Thomas M. Carr distinguished. him­ justed Average Per Capita Cost (AAPCC) pay­ Again, I urge my colleagues on both sides self in the perform ance of outstanding serv­ ment to Medicare managed care plans and of the aisle to put partisanship aside and work ice t o t he Unit ed Stat es while assigned t o October 9, 1998 EXTENSIONS OF REMARKS 25265 the 93rd Fighter Squadron, Homestead Air ist and anti-Western, its leaders proclaiming have invited Russian forces to help protect Reserve Station, Florida, from 21 August that virtually every aspect of Western culture their southern borders and Iran has assem­ 1995 to 12 September 1998. During this period, violates their version of Islam. bled 70,000 troops or more on its border with the outstanding professional skill, leadership and ceaseless efforts of Major Carr fac111- In addition to restrictions against women, Afghanistan. tated two major overseas deployments, three such as barring them from holding jobs or Moreover, recent events in Pakistan clearly live weapons deployments, one Operational traveling unaccompanied by a male relative, demonstrate that the fundamentalists there, Readiness Inspection and an expeditious con­ ancient and cruel forms of punishment, such encouraged by the Taliban successes, have version from the F-16A to the F- 16C aircraft. as stoning have been revived. There are re­ leveraged considerable power over the gov­ As the Squadron Weapons Officer, Major ports of massive ethnic killings and starvation. ernment. Carr continually pushed his unit's readiness The evolution of the Taliban bears a fearsome President Nawaz Sharif recently declared higher through comprehensive academic and resemblance to the murderously fanatical and aerial instruction. Hand-picked for the that Pakistan will become a Shariat state, con­ United States Air Force Weapons School, he purist Pol Pot regime in Cambodia. firming that the radical message of the Taliban was praised by his commander for his out­ Moreover, under the Taliban, Afghanistan is spreading to Pakistan's political structure. standing leadership as senior ranking officer has become perhaps the world's largest pro­ Fundamentalists are gaining an upper hand­ and role model for his class. His extensive ef­ ducer of heroin. The Taliban are involved at and Pakistan has the bomb. forts in preparation for the unit's combat de­ every level of activity, from licensing and tax­ It is time for U.S. policymakers to stop tak­ ployments in support of Operation Northern ing poppy cultivation to expanding new refin­ ing its lead from Islamabad and to bolster rela­ Watch ensured the success of this highly ing facilities to controlling transportation and tionships with the Muslim states of Central visible major contingency reflected a dis­ distribution. Asia, as well as other important states in the tinctively. genuine concern for his fellow Disturbingly, Taliban leaders, who have warriors and he established the standard for region, such as India, and begin to realistically all of those who selflessly dedicate their made narcotics the economic base of their re­ confront the danger that the Taliban · present, lives in the service of the United States Air gime, view the drug trade itself as a potential not only to the West, but to other Muslim gov­ Force. Major Carr was the epitome of the cit­ weapon. Viewing the West and many pro­ ernments that do not share their extremist ide­ izen airman. His career reflected a distinc­ Western countries in the Muslim world as cor­ ology. tively genuine concern for his fellow war­ rupt, the Taliban have no compunction about H. Con. Res. 336 outlines this serious U.S. riors and he established the standard for all trafficking in narcotics. foreign policy failure and attempts to correct of those who selflessly dedicate their lives in The new threat to the West is that these the administration's deficiencies in this regard. the service of the United States Air Force. drugs are now financing activities of anti-west­ Major Carr upheld the finest qualities and Accordingly, I urge my colleagues to support the highest traditions of a combat aviator. ern fanatics who view terrorism as an effective H. Con. Res. 336. I request that the full text He sacrificed his life in the defense of his na­ means to further their aims. of H. Con. Res. 336 to be printed in the tion, and in the name of freedom. Another key reason for the numerous ter­ RECORD at this point. rorist training camps that have sprung up in the Taliban controlled areas of Afghanistan, in H. CON. RES. 336 THE TALIBAN: PROTECTORS OF addition to bin Ladin's, has been the benign Whereas the military defeat of the Soviet TERRORISTS, PRODUCERS OF posture of neighboring Pakistan. Union in Afghanistan, in which more than DRUGS, H. CON. RES. 336 Islamabad has not only countenanced the 1,000,000 Afghans lost their lives, was a key Afghan terrorist training camps, it has also contribution to the ending of the Cold War; provided crucial diplomatic support for the Whereas upon the Soviet Union's with­ HON. BENJAMIN A. GILMAN drawal from Afghanistan, the United States OF NEW YORK Taliban. They have done so out of interest in agitation by Muslim extremists in the disputed generally lost interest in the region and Af­ IN THE HOUSE OF REPRESENTATIVES Indian territory of Kashmir, and in hopes that ghanistan's neighbors became more influential Thursday, October 8, 1998 the Taliban, after gaining control throughout inside Afghanistan, and the various Afghan Mr. GILMAN. Mr. Speaker, today I am intro­ Afghanistan, will be dependent on Pakistan, factions were thus unable to form a broad­ ducing H. Con. Res. 336, legislation con­ thus providing not only strategic depth in the based and representative national govern­ demning the Taliban regime and supporting a region, but a corridor to the important energy ment; broad based government in Afghanistan. reserves of Central Asia. Whereas in October 1994 a new force The attacks on our embassies in Nairobi Regrettably, the Clinton administration has called the Taliban eme.rged in Afghanistan, and Dar es-Salaam that left 254 dead includ­ consistently underestimated the stakes in this pledging itself to establish a true Islamic gov­ ing 12 Americans and over 5,000 injured re­ situation, particularly in taking its cue from ernment, disarm all other factions, eliminate flect the failure of U.S. policymakers to con­ Pakistan on dealing with the Taliban. Even narcotics cultivation, establish law and order, front a new kind of warfare and a new kind of after the U.S. attack on the terrorist camps in and restore peace; adversary, one that draws its power from a Afghanistan, it was reported that administra­ Whereas since 1994 the Taliban movement convergence of the destructive tactics of inter­ tion officials believed they could negotiate with has, often through force and terror, continued national terrorism and radical Muslim extre­ the Taliban for bin Ladin's extradition. If dia­ to expand its domination of more and more mism with one of the world's largest heroin logue with the Taliban over bin Ladin exempli­ territory within Afghanistan, while the move­ empires. fies the basic strategy for confronting this new ment itself has become more and more mili­ This is a war, not between Islam and the terrorist threat, we are in serious trouble. tant and extreme in its actions and its interpre­ United States, but between a small but grow­ Bin Ladin is only the tip of the iceberg and tation of Islamic principles; ing army of religious fanatics who want to un­ removing him will not end the threat the U.S. Whereas the Taliban movement, especially dermine the West and radicalize the Islamic faces from Muslim terrorist extremists of his key members of its leadership, has become world by overthrowing moderate Islamic gov­ stripe. Regrettably, the administration has not increasingly associated and deeply involved ernments. understood that the fate of Afghanistan cannot with individuals and groups involved in inter­ We are in this predicament because the be permitted to rest in the hands of the national terrorism, including, but not limited to, Clinton administration has failed to distinguish Taliban and their supporters in Pakistan and Osama bin Ladin, who was responsible for the between those who are devout Muslims and elsewhere. August 1998 attacks on United States embas­ those who use Islam as a rallying point to at­ For the Taliban's divinely mandated war has sies in Kenya and Tanzania; tack both the West and those who do not sub­ no borders and they will not stop with the con­ Whereas those terrorist elements with which scribe to their interpretation of the Koran. quest of Afghanistan. The head of the Taliban the Taliban are associated are not only fo­ Perhaps the most dangerous example of has donned the cloak of the Prophet Moham­ cused on separatist activities in Kashmir but this lack of distinction is found in the adminis­ med and proclaimed himself "Commander of also significantly involved in anti-Western and tration's attitude toward the Taliban regime of the Faithful," a claim of suzerainty over all anti-American terrorist activities; Afghanistan, the principal protectors of Osama Muslims in the region, and a challenge to Whereas over 95 percent of heroin pro­ bin Ladin. every government there. duced in Afghanistan is from areas controlled As the Taliban has extended its sway over It should be no surprise that, with the ad­ by the Taliban and some large portion of that Afghanistan, it has grown increasingly extrem- vent of the Taliban, Tajikistan and Uzbekistan heroin is sold on America's streets and, in 25266 EXTENSIONS OF REMARKS October 9, 1998 spite of United Nations crop substitution pro­ any way its recognition in the United Nations United States and Iran. A summer language gram in Taliban areas, poppy cultivation and but rather should support the inter-Afghan dia­ and research program for American graduate heroin trafficking have increased dramatically; logue efforts to form a truly representative students was successfully completed last Whereas linkages have been established month and discussions culminated in agree­ broad-based government; ment on a framework for continuing direct between Afghanistan and terrorists who were (5) the Department of Defense should con­ dialogue in both Iran and United States, and involved in the World Trade Center bombing, duct a vulnerability assessment of the Taliban collaboration in the promotion of research the murder of Central Intelligence Agency per­ regime; on Iranian civilization. sonnel in Langley, Virginia, and the recent (6) the United States should work to initiate The American Institute of Iranian Studies bombings of United States embassies in through the United Nations Security Council a was founded in 1967 as a consortium of Amer­ Kenya and Tanzania; ban on all international commercial air travel ican universities and museums having an in­ Whereas the inter-Afghan dialogue initiative terest in Iranian Studies. It functioned as an to and from Taliban controlled Afghanistan; American overseas research organization, began in early 1997 and has successfully held (7) the United States should call on the representing Iranian studies at the institu­ 3 major meetings, concluding its last gathering Taliban regime to permit humanitarian sup­ tional level and maintaining a center in of approximately 200 Afghans in Bonn, Ger­ plies to be delivered without interference to all Tehran with a resident American scholar as many, in July 1998; regions of Afghanistan; director. The Tehran center was closed in Whereas the United States launched a lim­ (8) the United States should consider those 1979 for political reasons but the organiza­ ited attack against terrorist bases in Taliban­ Afghans, especially known friends of the tion has remained active since then. For the controlled Afghanistan on August 20, 1998; past nineteen years, AIIrS has worked to United States, fleeing political persecution support and strengthen the field of Iranian Whereas the Taliban rule by fear and terror from the Taliban regime to be refugees eligible and systematically abuse the rights of all Af­ studies in the U.S. by awarding fellowships for consideration for asylum; to help graduate students complete their dis­ ghans, especially women, and are intolerant to (9) the Department of State should urge the sertations. Its current membership consists non-Sunni Muslim believers, especially Islamic Republic of Pakistan to protect the of fifteen American universities and muse­ Hazara, many of whom are Shiite Muslims; rights of Christians and Shiite Muslims in Paki­ ums. Whereas the Government of Pakistan has stan and should publish a special report to In the spring of 1998, officers of the AIIrS, been a vigorous defender of the Taliban's ac­ Profs. William L. Hanaway and · Brian Congress on the human rights situation in Spooner of the University of Pennsylvania, tivities and tens of thousands of Pakistani Pakistan, especially as it affects religious mi­ Taliban have linked up with Afghan Taliban worked with the Permanent Mission of the norities; and Islamic Republic of Iran to the United Na­ creating a transborder movement with growing (10) the Department of State should report tions to develop an intensive summer pro­ influence inside Pakistan; to the Congress concerning whether the gram in Iran for advanced American grad­ Whereas reports of the persecution of Chris­ Taliban, which provides a safe haven for uate students. Nine students from the Uni­ tians, Shiites, and other religious minorities in­ Osama bin Laden and other terrorist organiza­ versities of Texas, Washington, Michigan and side Pakistan are a growing concern to Con­ California at Los Angeles, the University of tions as well as illicit drug monies which assist gress; Chicago, Tufts University, Harvard Univer­ Whereas the Central Asian States, espe­ these terrorists, should be added to the list of sity, and Washington University St. Louis, cially Uzbekistan and Tajikistan, in addition to designated foreign terrorist organizations. were chosen from over thirty applicants to attend a two-month summer language and Russia and Iran have voiced alarm at the fall research program administered by the Inter­ of northern areas of Afghanistan, where there AMERICAN INSTITUTE OF IRANIAN national Center for Persian Studies in has been almost no narcotics cultivation and Tehran. where all the major groups have been inter­ STUDIES The nine students- five women and four ested in strong and close relations with the men- were briefed in New York by the UN United States; HON. LEE H. HAMILTON Mission and AIIrS and subsequently spent nine weeks in Tehran attending language Whereas it is widely accepted in the region OF INDIANA that the United States Department of State, classes and carrying out first-hand research IN THE HOUSE OF REPRESENTATIVES relevant to their doctoral dissertation topics and consequently the United States Govern­ Thursday, October 8, 1998 which range from historical subjects to stud­ ment, supports the Taliban; )es of Iranian law and society, nationalism Whereas Congress has repeatedly con­ Mr. HAMILTON. Mr. Speaker, I would like to and ethnic conflict, and business issues. demned the activities of the Taliban regime bring to the attention of my colleagues a short Most of the students returned to their home and urged more vigorous support for efforts to statement by the Council of American Over­ universities in early September, although form a broad-based government based on the seas Research Centers about efforts of the one woman remains in Tehran with the con­ inter-Afghan dialogue initiative, several of American Institute of Iranian Studies efforts to currence of the University to pursue further whose members have been executed by the reestablish contacts with Iran as one in a se­ language study. The students were warmly Taliban for no apparent crime; and ries of good initiatives to expand exchanges treated by their hosts and the Iranian gen­ Whereas there needs to be a fundamental eral public and traveled freely throughout with Iran. the country with no restrictions or untoward reappraisal of overall United States policy to­ This past summer two professors from the incidents. ward Afghanistan and its neighbors: Now, University of Pennsylvania took nine American The Iranian Ministry of Culture and High­ therefore, be it students to Iran for close to three months. er Education covered all local costs in Resolved by the House of Representatives USIA covered travel expenses, but the Iranian Tehran. A grant of $30,000 from the United (the Senate concurring), That it is the sense of Ministry of Culture and Higher Education cov­ States Information Agency (USIA) enabled the House of Representatives and the Senate ered local costs in Tehran. The American In­ AIIrS to cover the cost of international trav­ that- el for the students, Hanaway, and Spooner, stitute of Iranian Studies which was founded and to arrange a briefing in New York for (1) the United States should publicly con­ more than 30 years ago anticipates . further demn the Taliban regime for its reprehensible the students before their departure. This fi­ such exchanges in an effort to help reestablish nancial support from the U.S. government atrocities against human rights, in particular a more permanent presence in Iran. was an important factor in the program's women's rights, its embrace of international The statement of the American Council fol­ success. Hanaway and Spooner kept officials terrorism, and its willing integration into a lows: at USIA and the U.S. Department of State worldwide narcotics syndicate; . aware of all aspects of the program and re­ (2) the United States should recognize that AMERICAN INSTITUTE OF IRANIAN STUDIES: ceived support and constructive advice at all it will be better served by a comprehensive re­ ACTIVITIES IN TEHRAN stages. gional strategy that addresses Afghan issues Following signals from Iran earlier this Hanaway and Spooner were also able to rather than its current one that relies primarily year indicating a willingness to conduct a begin negotiations with Iranian scholars and dialogue at non-governmental levels, the officials which should lead to greater co­ on Pakistan; American Institute of Iranian Studies operation between scholars in both coun­ (3) the United States should explore its mu­ (AIIrS) has taken steps to reestablish its tries. Within the framework for dialogue, ex­ tual interest regarding the danger of the presence in Iran and to launch programs change, and collaboration just established, Taliban with other countries of the region; which support Iranian studies in the United AIIrS expects very soon to send the first of (4) the United States should not grant diplo­ States and contribute to easing tension and a series of American research fellows, con­ matic recognition to the Taliban or assist in facilitating communication between the tinue advanced language train.ing, launch October 9, 1998 EXTENSIONS OF REMARKS 25267 scholarly exchanges between American and IN MEMORY OF MAYOR TOM It was in this spirit that the Oregon, Ohio, Iranian scholars, serve as a resource in the BRADLEY community dedicated the Clay Memorial Sta­ U.S. for Iranian scholars, and continue dia­ dium, in 1948, to the young men and women logue with the Ministry of Culture and High­ er Education in Tehran. Through academic HON. MAffilEW G. MARTINFl who gave their lives in defense of liberty. This non-political programs, AIIrS will work to OF CALIFORNIA year marks the 50th Anniversary of the sta­ improve relations between American and IN THE HOUSE OF REPRESENTATIVES dium. The Clay High School family and the Iranian scholars and thereby contribute to Oregon community at large are now embark­ improved relations between the two coun­ Thursday, October 8, 1998 ing on a renovation project to make the sta­ tries. Mr. MARTINEZ. Mr. Speaker, I rise tonight dium's World War II memorial the focus of the Submitted by Dr. Mary Ellen Lane, Execu­ to salute the life of Mayor Tom Bradley-a facility. The community also plans to add me­ tive Director, Council of American Overseas great American and great Angelino. morials to those who served in Korea, Viet­ Research Centers, Smithsonian Institution, He was a pioneer and a peacemaker. He nam and the Gulf War. The renovated stadium Washington, DC. was tenacious and compassionate. He was a promises to be a renewed memorial to those coalition builder who fought for Justice and ra­ who have made the supreme sacrifice and a cial tolerance. Tom Bradley was truly a re­ symbol of youth and hope as we enter the markable man whose historic, 20-year leader­ 21st Century. IN HONOR OF CLEVELAND ship of Los Angeles left an indelible mark on Mr. Speaker, as the Congressional author of CENTRAL CATHOLIC HIGH SCHOOL our lives. legislation to create a national World War II It is indeed a testament to the strength of Memorial it gives me much pride to represent his character and to our democracy that the the ctiizens of Oregon, Ohio in this great HON. DENNIS J. KUCINICH grandson of a slave, and son of a share­ House. They and the nation will never forget OF OHIO cropper, could end up as the first African­ the sacrifice of the millions of men and women American mayor of the Nation's second larg­ IN THE HOUSE OF REPRESENTATIVES who gave their lives to freedom in the victory est city. Before reaching the pinnacle of polit­ over tyranny that defined world history for the Thursday, October 8, 1998 ical power in Los Angeles, Bradley's career 20th century. was as varied as the city he would later rep­ Our community extends warm appreciation Mr. KUCINICH. Mr. Speaker, I rise today to resent. In 1940, Tom Bradley began his career to the citizens of Oregon, Ohio as they rededi­ extend my best wishes to Cleveland Central as a Los Angeles police officer and became a cate the Clay Memorial Stadium. Catholic High School (CCC) in Celebrating its lieutenant-no small task in an era of seg­ 30th anniversary. From its opening in 1969, it regation. In 1956, he earned his law degree has continuously honored its mission to pro­ from Southwestern Law School. Five years A TRIBUTE TO THE GREATER vide an innovative educational opportunity to later, he left the force to practice law. He PATCHOGUE CHAMBER OF COM­ the students of the greater Cleveland area. launched his political career in 1963 when he MERCE The brainchild of Rev. John L. Fiala, this won a seat on the City Council. Ten years high school originated as a merger of four later, Tom Bradley was elected mayor. HON. MICHAEL P. FORBFS deeply rooted neighborhood Catholic high During his leadership of the city, minorities OF NEW YORK schools, Saint John Cantius, Saint Stanislaus, and women were brought into city government IN THE HOUSE OF REPRESENTATIVES Our Lady of Lourdes and Saint Michael. His in record numbers. He transformed L.A. into a Thursday, October 8, 1998 hard work resulted in a campus where each bustling metropolis. It was under his mayoral building retained its own identity while chang­ tenure that Los Angeles emerged as a na­ Mr. FORBES. Mr. Speaker, I rise today in ing its educational curriculum to fit the plan of tional transportation hub and financial center the House of Representatives to ask my col­ the merger. The buildings were renovated to that it is today. leagues to join me in congratulating the Great­ house many structural changes, with labs and Mayor Bradley made a difference in the er Patchogue Chamber of Commerce, as the specialty rooms on each campus. Reverend lives of Angelinos. His legacy is firmly estab­ business owners and residents of this historic Fiala fashioned an affordable high school ex­ lished. The city is a far better place because South Shore, Long Island community cele­ perience for the 1,600 students who attended of the political leadership and contributions of brate the Chamber's 75th anniversary. Cleveland Central Catholic while providing this immensely talented and courageous man. Born in the days when many residents of them with excellent faculty and staff. God bless you Tom Bradley. this beautiful, seaside village still earned their Once the merger was established, the living on the waters of the Great South Bay, school began to expand and improve its pro­ raking clams and oysters from the sand. As REDEDICATION OF CLAY the main center of commerce on the South grams, becoming a forerunner in education. It MEMORIAL STADIUM initiated the first State approved 3-year pro­ Shore of Suffolk County, Patchogue boasted a gram in Ohio and instituted block scheduling, thriving Main Street business district. Still, a concept that has been heralded to catapult HON. MARCY KAPTUR many understood the need to coordinate their education into the year 2000. Much of the OF OHIO efforts to promote the goods and services of school's success has occurred due to the un­ IN THE HOUSE OF REPRESENTATIVES Patchogue's merchants. On February 8, 1924, the Long Island Advance editorial page advo­ conditional support from the CCC Parents Thursday, October 8, 1998 Club, the Booster Club, and the ongoing dedi­ cated the creation of a Chamber of Commerce Ms. KAPTUR. Mr. Speaker, I would like to cation of the faculty. to market Patchogue to consumers across take this opportunity to recognize the adminis­ Long Island. A month later, the Chamber held Even though the academics have focused tration, faculty, staff, students and families of its first meeting. toward a more traditional role at CCC, there Clay High School in Oregon, Ohio. On Octo­ The members of the Greater Patchogue have been a number of evident changes. Ad­ ber 9, 1998, the Clay High School community Chamber of Commerce are accomplished vances in technology have brought the instal­ will rededicate the Clay Memorial Stadium. business, education and civic lea~ers who are lation of computer labs and extensive staff In December, 1941, our nation entered the dedicated to the success of this historic Long training, access to the Internet, a video-confer­ greatest conflict in human history. Young peo­ Island village. For the past 75 years, the great encing lab, and integrated math and post sec­ ple from all walks of life served in our armed citizens have built a lasting legacy, giving of ondary option programs. forces. Many soldiers, sailors, airmen and ma­ their time, talents and treasures to make our My fellow colleagues, please join me in rines came from the Oregon, Ohio, area and community a better place to live, work and celebrating the 30th anniversary of Cleveland served with honor and distinction as we freed raise a family. Central Catholic High School. This institution the world of Axis terror and facism. Some of The Greater Patchogue Chamber of Com­ provides a needed stability for the students these young people never returned. They merce organizes many community-building ac­ who come through its doors. It has remained gave their lives for freedom with the hope that tivities, from the Christmas Tree lighting and a unique educational experience that is sure our nation and their community would always Holiday Party to the Annual Clam and Crab to become even better in years to come. cherish the gifts that America offers. Festival and St. Patrick's Day parade. 25268 EXTENSIONS OF REMARKS October 9, 1998 Throughout the year, the Chamber organizes dream of all Chinese people. And that, inci­ gave us their best estimate-that as many as several creative marketing promotions, in an dentally, is my dream for them as well, as the 98,910 American troops could have been ex­ effort to draw shoppers and tourists into people on Taiwan prepare to celebrate their posed to chemical warfare agents due to de­ Patchogue's historic downtown and water front National Day on Saturday. struction of "the Pit" in Khamisiyah, an Iraqi areas. Their spirited and creative efforts munitions facility. . helped Patchogue weather tough times in the Not waiting for the DOD and VA, many local economy and helped the Village maintain MULTIPLE CHEMICAL SENSITIVITY other Federal, State, and local government its status as the premier shopping area in Suf­ agencies have recognized the existence of folk. HON. BERNARD SANDERS Multiple Chemical Sensitivity. I want to submit Anniversaries are a time to reflect upon the OF VERMONT for the RECORD the latest "Recognition of Mul­ past and to look toward new horizons. There­ IN THE HOUSE OF REPRESENTATIVES tiple Chemical Sensitivity" newsletter which fore, Mr. Speaker, I ask you and my col­ lists the U.S. Federal, State, and local govern -1 Thursday, October 8, 1998 leagues to join me in commemorating the 75th ment authorities, U.S. Federal and State anniversary of the Greater Patchogue Cham­ Mr. SANDERS. Mr. Speaker, I rise today to courts, U.S. workers' compensation boards, ber of Commerce. All of us who are about our discuss the issue of Multiple Chemical Sensi­ and independent organizations that have Long Island home thank each of the members tivity as it relates to both our civilian popu­ adopted policies, made statements, and-or of the Chamber for all they have done to lation and our Gulf war veterans. published documents recognizing Multiple make Patchogue such a great place to live Multiple Chemical Sensitivity or MCS is a Chemical Sensitivity disorders. and shop. chronic condition marked by heightened sensi­ RECOGNITION OF MULTIPLE CHEMICAL tivity to multiple different chemicals and other SENSITIVITY irritants at or below previously tolerated levels Multiple Chemical Sensitivity or MCS is a PRESIDENT LEE TENG-HUI AND of exposure. Sensitivity to odors is often ac­ chronic condition marked by heightened sen­ THE NOBEL PEACE PRIZE companied by food and drug intolerance, sen­ sitivity to multiple different chemicals and sitivity to sunlight and other sensory abnor­ other irritants at or below previously toler­ ated levels of exposure. Sensitivity to odors HON. GERALD B.H. SOLOMON malities, such as hypersensitivity to touch, is often accompanied by food and drug intol­ OF NEW YORK heat and-or cold, and loud noises. MCS is erances, photosensitivity to sunlight and IN THE HOUSE OF REPRESENTATIVES often accompanied by impaired balance, other sensory abnormalities, such as hyper­ Thursday, October 8, 1998 memory and concentration. sensitivity to touch, heat and/or cold, and As a member of the Human Resources loud noises and impaired balance, memory Mr. SOLOMON. Mr. Speaker, President Lee Subcommittee, which has oversight jurisdiction and concentration. MCS is more common in Teng-hui of the Republic of China has been women and can start at any age, but usually for the Veterans' Affairs, I have been involved named as one of four nominees for the 1998 begins in one's 20 's to 40's. Onset may be sud­ Nobel Peace Prize. This is not only an honor in the issue of Gulf war illness and Multiple den (from a brief high-level toxic exposures) for President Lee himself, but also a direct ac­ Chemical Sensitivity. I have been concerned or gradual (from chronic low-level expo­ for many years about the role that chemicals knowledgment of his contributions to Taiwan sures), as in "sick buildings." The syndrome may be playing on human health, not only in is defined by multiple symptoms occuring in and the world. multiple organ systems (most commonly the In the past ten years, President Lee has Gulf war veterans and their families, but in ci­ vilian society as well. I have talked to many neurological, gastrointestinal, respiratory, successfully presided over a "quiet revolution" and musculoskeletal) in response to multiple in Taiwan. Taiwan has emerged from its au­ people who are suffering symptoms not dis­ different exposures. Symptoms may include thoritarian past to become a free and pros­ similar from the symptoms that our Persian chronic fatigue, aching joints and muscles, perous country. Taiwan is the world's four­ Gulf veterans are experiencing because of irritable bowel, difficulty sleeping and con­ teenth largest economy and has an annual per chemicals in their homes or workplaces. centrating, memory loss, migraines, and irri­ As has been well-documented, the military tated eyes, nose, ears, throat and/or skin. capital income of $12,000, forty times that of Symptoms usually begin after a chronic or mainland China. theater in the Persian Gulf was a chemical cesspool. Our troops were exposed to chem­ acute exposure to one or more toxic chem­ Long ostracized from regional organizations, ical(s), after when they "spread" to other ex­ Taiwan is now active in the Asian Develop­ ical warfare agents, leaded petroleum, wide­ posures involving unrelated chemicals and ment Bank and has joined the Asia-Pacific spread use of pesticides, depleted uranium other irritants from a great variety of Economic Cooperation group. On the political and burning · oil wells. In addition, they were sources (air pollutants, food additives, fuels, front, the parliament has been overhauled; given a myriad of pharmaceuticals as vac­ building materials, scented products, etc.). several major political parties have developed; cines. Further, and perhaps most importantly, Consistent with basic principles of toxi­ as a result of a waiver from the FDA, hun­ cology, MCS usually can be improved, al­ restrictions on the press have been lifted; and though not completely cured, through the people have the right to demonstrate and pro­ dreds of thousands of troops were given pyridostigmine bromide. Pyridostigmine bro­ reduction and environmental control of such test against government policies. exposures. Many different terms have been President Lee is a voice for peace in the mide, which was being used as an anti-nerve proposed in medical literature since 1869 to evolving relationship between Taiwan and the agent, had never been used in this capacity describe MCS syndrome and possibly related Chinese mainland. He has repeatedly urged before. In the midst of all this, our troops were disorders whose symptoms also wax and his counterparts in Beijing to sit down and dis­ living in a hot, unpleasant climate and were wane in response to chemical exposures. cuss all issues regarding the eventual reunifi­ under very great stress. ALTERNATE NAMES PROPOSED FOR MCS cation of Taiwan and the mainland. The Department of Defense and the Depart­ Acquired Intolerance to Solvents, Allergic President Lee's dream is to see a new ment of Veterans Affairs have downplayed the Toxemia, Cerebral Allergy, Chemical Hyper­ China, a country that is free, democratic, and presence of Multiple Chemical Sensitivity in sensitivity Syndrome, Chemical-Induced Im­ Gulf war veterans. In the very beginning, the mune Dysfunction, Ecological Illness, Envi­ prosperous. In the meantime, he has rejected ronmental Illness or "El," Environmental Ir­ the "one country, two systems" arrangement Defense Department and Veterans' Affairs ac­ ritant Syndrome, Environmentally Induced suggested by the communists on the main­ tually denied that there was any problem Illness, Environmental Hypersensitivity Dis­ land. The fact is that China is divided and has whatsoever with our veterans' health. Then, order, Idiopathic Environmental Intoler­ two governments, just as Germany and Viet­ after finally acknowledging that there was a ances or "IEI," Immune System nam were divided in the past and Korea is still problem, they concluded that the problem was Dysregulation, Multiple Chemical Hyper­ today. in the heads of our soldiers-of psychological sensitivity Syndrome, Multiple Chemical Re­ No one can doubt President Lee's genuine origin. The DOD and the VA responded very activity, Total Allergy Syndrome, Toxic Carpet Syndrome, Toxin Induced Loss of Tol­ desire to see a reunified China. Meanwhile, poorly to our veterans' concerns. Tragically, erance of "TILT," Toxic Response Syn­ let's give him our support and wish him suc­ our veterans were discounted. They were drome, 20th Century Disease. ~ess in winning the Nobel Peace Prize and called malingerers. DISORDERS ASSOCIATED WITH SINGLE OR MULTI­ the hearts and minds of his counterparts in Ever so slowly, the truth about chemical ex­ ORGAN CHEMICAL SENSITIVITY Beijing. posure in the Persian Gulf has begun to sur­ Akureyri Disease (coded as EN), Asthma, A reunified China under the principles of face. On July 24, 1997, the Defense Depart­ Cacosmia, Chronic Fatigue Syndrome, Dis­ freedom, democracy, and human rights is the ment and the Central Intelligence Agency orders of Porphyrin Metabolism, [Benign October 9, 1998 EXTENSIONS OF REMARKS 25269 Myalgic] Encephalomyelitis, Epidemic Persian Gulf Veterans coordinating Board in Law 94-142, now known as the Individuals Neuromyastenia (EN), Fibromyalgia Syn­ "Summary of the Issues Impacting Upon the with Disabilities Education Act (CFR34 Part drome, Gulf War Syndrome, Icelandic Dis­ Health of Persian Gulf Veterans," [3 March 300). The Department of Education as a ease (coded as EN), Mastocytosis, Migraine, 1994, 4 page excerpt, Rr-4]. The Army Medical whole, however, has no formal policy or posi­ Neurasthenia, Royal Free [Hospital] Disease, Department also has requested funding for a tion statement on the accommodation of Sick Building Syndrome, Silicone Adjutant research facility to study MOS (reported in students with MCS. Disease, Systemic Lupus Erythematosus, an Army information paper on "Post Persian U.S. Department of Energy, Oak Ridge Na­ Toxic Encephalopathy. Gulf War Health Issues," 16 November 1993). tional Laboratory in being the lead sponsor Listed alphabetically below are the U.S. U.S. Congress in a VA/HUD Appropriations of the 11th Annual Life Sciences Symposium Federal, State, and local government au­ Bill for FY1993 signed by President Bush in on "Indoor Air and Human . Health Revis­ thorities, U.S. Federal and State courts, U.S. 1992 appropriating "$250,000 from Superfund ited.'' This 1994 conference was co-sponsored workers' compensation boards, ·and inde­ funds for chemical sensitivity workshops." by the US Environmental Protection Agency pendent organizations that have adopted These funds were used by the U.S. Agency for and Martin Marietta Energy Systems' Haz­ policies, made statement, and/or published Toxic Substances and Disease Registry (see ardous Waste Remedial Action Program. The documents recognizing MCS disorders under above) to co-sponsor scientific meetings on proceedings are published in Indoor Air and one name or another as a ligitimate medical MCS with various other organizations [1992, Human Health (Gammage RB and Berven BA, condition and/or disability. An introductory 3 page excerpt, Rr-5] and support an MCS editors, Boca Raton FL: CRC Lewis Pub­ section summarizes recognition or MCS in study (see California State Department of lishers, 1996) and contain several peer-re­ peer-reviewed medical literature, and the Health Services below). For FY 1998, viewed papers of critical relevance to MCS last section lists upcoming MCS conferences Vermont Congressman Bernard Sanders pro­ by DoE, EPA and other federally funded re­ as well as past conferences sponsored by Fed­ posed and Congress appropriated $800,000 to searchers. (4 page excerpt with table of con­ eral Government agencies. start a new 5-year civilian agency research tents, Rr-175) The exact meaning of "recognition" varies program into MCS among Gulf War veterans. U.S. Department of Health and Human with the context as each listing makes clear. Congress also requested that the administra­ Services (HHS), Agency for Health Care Pol­ Recognition by a court of law, for example, tion report back by January 1998 on how it icy and Research in a "Report to Congress on usually refers to a verdict or appeal in favor planned to spend the funds (text of appro­ Research on Multiple Chemical Exposures of an MCS plaintiff, while recognition by priations is quoted in report; see below: U.S. and Veterans with Gulf War Illnesses" by government agencies varies tremendously­ Department of Health Services, Agency for agency administrator Dr. John Eisenberg from acknowledgement of the condition in Health Care Policy and Research). (who is also the acting Assistant Secretary publications and policies to research funding U.S. Consumer Product Safety Commission, for Health). Dr. Eisenberg proposes spending and legal protection of disability rights. U.S. Environmental Protection Agency, Amer­ $300,000 in 1998 for a "consensus building" RECOGNITION OF MCS BY 25 FEDERAL ican Lung Association, and American Med­ and research planning conference, $400,000 for AUTHORITIES ical Association (jointly) in a jointly pub­ research into the health effects of chemical U.S. Agency for Toxic Substances & Dis­ lished booklet entitled Indoor Air Pollution mixtures, and $100,000 for an Interagency Co­ ease Registry in a unanimously adopted rec­ An Introduction for Health Professional [US ordinator in the Office of Public Health and ommendation of the ATSDR's Board of Sci­ GPO 1994-523-217181322] under the heading Science [January 1998, 7 pages including MCS entific Counselors, which calls on the "What is 'multiple chemical sensitivity' or R&R press release, Rr-168]. Congress · re­ ATSDR to "take a leadership role in the in­ 'total allergy'?, these organizations state quested the report in 1998, as part of an vestigation of MCS" [1992, 24 pages, Rr-1]. To that "The current consensus is that in cases $800,000 appropriation for a new civilian re­ coordinate interagency research into MCS, of claimed or suspected MCS, complaints search into MCS (see U.S. Congress, above). the ATSDR co-chairs the Federal Work should not be dismissed as psychogenic, and U.S. Dept. of HHS, National Institute on Group on Chemical Sensitivity, which it con­ a thorough workup is essential." The book­ Deafness and Other Communication Dts­ vened for the first time in 1994 (see below). let is prefaced by the claim that "Informa­ orders in the funding of MOS-related olfac­ The ATSDR has helped organize and pay for tion provided in this booklet is based upon tory research by its Chemical Senses Branch three national medical conferences on MCS: current scientific and technical under­ since NIDCD's creation in 1988; including sponsored by the National Academy of standing of the issues presented ... "[1994, 3 $29,583,000 in fiscal year 1998. The Chemical Sciences in 1991, the Association of Occupa­ page excerpt, Rr-6] Senses Branch supports both basic and ap­ tional and Environmental Clinics in 1991, and U.S. Department of Agriculture, Forest Serv­ plied research, with most of its funds going the ATSDR in 1994. The combined pro­ ice in its Final Environmental Impact State­ to just five "chemosensory research cen­ ceedings of these three conferences are re­ ment on "Gypsy Moth Management in the ters": the Connecticut Chemosensory Clin­ printed in Multiple Chemical Sensitivity, A United States: a cooperative approach", peo­ ical Research Center (860--679-2459), Monell Scientific Overview, ed. Frank Mitchell, ple with MCS are mentioned as a "potential Chemical Senses Center (21~98-6666), Rocky Princeton NJ: Princeton Scientific Pub­ high risk group" who should be given ad­ Mountain Taste and Smell Center (303-315- lishing, 1995 (609-683-4750 to order). ATSDR vance notification of insecticide treatment 5650), State University of New York Clinical also contributed funding to a study con­ projects via "organizations, groups and agen­ Olfactory Research Center (315-464-5588), and ducted by the California Department of cies that consist of or work with people who University of Pennsylvania Smell and Taste Health Services to develop a protocol for de­ are chemically sensitive or Center (215-662--6580). Free information is tecting MCS outbreaks in toxic-exposed immunocompromised." MCS also is dis­ available from NIDCD Information Clearing­ communities via questionnaires and diag­ cussed in an appendix on Human Health Risk house, 800-241-1044. nostic tests (see entry below on California Assessment (Appendix F, Volume III of V) U.S. Dept. of HHS, National Institute of Department of Health Services). Officially, under both "Harzard Identification" and Environmental Health Sciences in "Issues however, ATSDR has not "established a for­ "Groups at Special Risk" [1995, 11 page ex­ and Challenges in Environmental Health," a mal position regarding this syndrome" [1995, cerpt and 1 page cover letter from John publication about the work of NIEHS, re­ 1 page, Rr-2]. Hazel, the USDA's EIS Team Leader, to Dr. search priorities are proposed for "hyper­ U.S. Army, Medical Evaluation Board on US Grace Ziem of MCS Referral & Resources, Rr- sensitivity diseases resulting from allergic Army Form 3947 (from the U.S. Army Sur­ 130]. reactions to environmental substances" [NIH geon General), Army Medical Evaluation U.S. Department of Education in the en­ 87--861, 1987, 45 pages, Rr---8]. It is not clear Board certified a diagnosis of "Multiple forcement by its Office of Civil Rights of from the context if this statement was Chemical Sensitivities Syndrome" for a Per­ Section 504 of the Rehabilitation Act of 1973 meant to include or exclude MOS, since the sian Gulf veteran on 14 April 1993 [1 page, Rr- which requires accommodation of persons condition was still thought by some at the 3]. MCS is defined on this form as "mani­ with "MCS Syndrome" via modification of time to be an allergic-type reaction. In 1992, fested by headache, shortness of breath, con­ their educational environment, as evidenced the director Dr. Bernadine Healy responded gestion, rhinorrhea, transient rash, and by several "agency letters of finding" (in­ in detail to an inquiry from Congressman incoordination associated with exposure to a cluding San Diego (Calif) Unified School Dis­ Pete Stark about the scope of NIEHS re­ variety of chemicals." The Board's report trict, 1 National Disability Law Reporter, search into MCS: "It is hoped that research further recognizes that this patient's par­ para. 61, p. 311, 24 May 1990; Montville (Conn.) conducted at NIEHS will lead to methods to ticular MCS condition began approximately Board of Education, 1 National Disability identify individuals who may be predisposed in April 1991 (while the patient was serving Law Reporter, para. 123, p. 515, 6 July 1990; to chemical hypersensitivities.... NIH re­ in the Gulf and entitled to base pay), that and four letters (along with an individualized search is directed toward the understanding the condition did not exist prior to service, environment management program) in the of the effect of chemical sensitivities on and that it has been permanently aggravated case of the Arminger children of Baltimore multiple parts of the body, including the im:.. by service. At least five other active duty County, MD [in 1991, 1992, 1993 and 1994; 20 mune system." [1992, 3 pages, Rr-9]. In 1996, Persian Gulf veterans have been diagnosed pages total, Rr-7]. These accommodations director Dr. Kenneth Olden wrote US Sen­ by the Army with MOS, as reported by the also are required under the terms of Public ator Bob Graham that "NIEHS has provided 25270 EXTENSIONS OF REMARKS October 9, 1998 research support to study MCS. . . . NIEHS exposed to chemicals" [1995, 7 pages, R-12); across the country. Pooling their broad re­ has also supported a number of workshops in case #264-65-5308, in which the administra­ sources, they formed the National Directors and meetings on the subject." [15 April 1996, tive law judge, Martha Lanphear, ruled that Assocation-the forerunner of NHSA. In addi­ 2 pages, R-101]. Dr. Olden also states that the claimant suffered severe reactive air­ tion to protecting Head Start's funding, the as­ " Pesticides and solvents are the two major ways disease secondary to chemical sensi­ classes of chemicals most frequently re­ tivity and that this impairment prevented sociation aimed to strengthen the quality of ported by patients reporting low level sen­ her from performing more than a limited Head Start. sitivities as having initiated their prob­ range of light work [1996, 8 pages, R-120]; in At the request of the National Directors As­ lems." case #239-54-6581, in which the administra­ sociation, Head Start parent delegates from U.S. Department of Health and Human tive law judge, D. Kevin Dugan, ruled that each state met in Washington, D.C. , in Sep­ Services, National Library of Medicine ... the claimant suffered severe impairments as tember 1974 to begin forming the parent affil­ in the 1995 Medical Subject Headings (MESH) a result of pesticide poisoning, including iate of the Head Start Association, called the codes used to catalog all medical references, " marked sensitivity to airborne chemicals," Head Start Parents Association. which started using Multiple Chemical Sen­ which prevent h er from " performing any At the January 1975 organizational meeting sitivity (and its variations) as a subject substantial gainful activity on a sustained in Los Angeles, the parents passed a motion heading for all publications indexed after Oc­ basis [1996, · 4 pages, R- 135]; in case #024-40- tober 1994 [3 pages excerpt, R-10). 2499, in which the administrative law judge, to invite Head Start non-director staff mem· U.S. Department of Health and Human Lynette Diehl Lang, recognized that the bers to the second annual conference. It was Services, Office for Civil Rights (OCR) ... in claimant suffered from severe MCS and could their feeling that all Head Start staff members the final report by the Regional Director (of not tolerate chemical fumes at work (as a re­ were critical to the association's long-term Region VI) regarding OCR's investigation of sult of overexposure to formaldehyde in a success. Non-director staff members formed an ADA-related discrimination complaint state office building), as a result of which he the third affiliate association, the Head Start filed by a patient with MCS against the Uni­ was awarded both disability benefits and Staff Association. By the time the second an­ versity of Texas M.D. Anderson Cancer Cen­ supplemental security income [1995, 8 pages, nual meeting was held in Kansas City, the ter for failing to accommodate her disability R- 140); in case #184-34-4849, in which admin­ three associations as a group were named the and thereby forcing her to go elsewhere for istrative law judge Robert Sears ruled that surgery. Prior to completion of the inves­ the claimant suffered from " extreme envi­ National Head Start Association. , tigation and the issuance of any formal ronmental sensitivities," and particularly At the second annual conference, a number " findings," the OCR accepted a proposal "severe intolerance to any amount of expo­ of the attendees did not fit into any of the from the Univ. of Texas to resolve this com­ sure to pulmonary irritants" [11 June 1996, 7 three affiliate associations already organized. plaint by creating a joint subcommittee of pages, R- 156]; and in case #256-98-4768, in These "friends" of Head Start organized them­ the cancer center's Safety and Risk Manage­ which the administrative law judge, Frank selves into the final affiliate association of Na­ ment committees. This subcommittee's Armstrong, classified the claimant's tional Head Start Association, presenting their three tasks (as approved by the OCR) are to " dysautonomia triggered by multiple chem­ bylaws and charter at the second annual con­ " identify a rapid response mechanism which ical sensitivities" as severe and said it " pre­ ference. could be triggered by any patient registering vents the claimant from engaging in sub­ This collaborative and expanding effort is in­ a complaint or presenting a special need stantial gainful activity on a sustained which is environment related; develop a 'pro­ basis" [18 March 1997 , 8 pages, R-157]. dicative of the vitality and responsiveness tocol' outlining steps to be taken to resolve upon which NHSA prides itself. Like the Head environmental complaints by patients ... ; Start program itself, NHSA has worked to re­ and inform the medical staff through its IN HONOR OF THE 25TH ANNIVER­ spond to local and changing needs-and has newsletter of the mechanism and the pro­ SARY OF THE NATIONAL HEAD done so by enlarging the Head Start commu­ tocol so that they will better understand START ASSOCIATION (AND THE nity to include everyone in the community. how to address such questions or concerns." Over the past 20 years, NHSA's mission LAUNCH OF THE HEADS UP! The OCR has placed the M.D. Anderson Can­ has changed from simply defending Head NETWORK) cer Center " in monitoring" pending comple­ Start in Congress to actively expanding and tion and documentation of these changes, improving the program. Membership types but it may initiate further investigation if HON. MATIHEW G. MARTINFZ M.D. Anderson fails to complete this process have been created for Head Start agencies, within the 13 months allowed. [27 March 1996, OF CALIFORNIA Head Start state and regional associations; 11 pages, R-99] IN THE HOUSE OF REPRESENTATIVES and both commercial and nonprofit organiza­ U.S. Department of Health and Human Thursday, October 8, 1998 tions. From planning massive annual training Services, Social Security Administration conferences to publishing a vast array of pub­ ... in enforcement of the Social Security Mr. MARTINEZ. Mr. Speaker, October 1998 lications, the National Head Start Association Disability Act (see Recognition of MCS by marks the 25th Anniversary of the National continually strives to improve the quality of Federal Courts, below), and in the SSA's Head Start Association and I rise in tribute to Head Start's comprehensive services for Program Operations Manual System this organization which, for a quarter-century, America's children and families. (POMS), which includes a section on the has been responsive to the needs of millions The latest chapter in NHSA's bold leader­ " Medical Evaluation of Specific Issues-En­ of Head Start children and their families, as ship came just two weeks ago. On September vironmental Illness" stating that " evalua­ well as staff and friends of the program. tion should be made on an individual case by 24, I took part in the premiere of the Heads NHSA, its membership, its leadership, and case basis to determine if the impairment Up! Network-a satellite television network ex­ prevents substantial gainful activity" [SSA its Government Affairs Department, are to be clusively dedicated to the training needs of the publication 68--0424500, Part 04, Chapter 245, commended on their latest accomplishment­ Head Start and early childhood community. As Section 24515.065, transmittal #12, 1998, 1 the invaluable input provided by the Associa­ NHSA examines new, innovative ways to sup­ page excerpt, R-11). In 1997, the U.S. District tion in the successful completion of a bipar­ port the needs of Head Start professionals Court in Massachusetts required Acting SSA tisan Head Start reauthorization at the end of and parents, I share their belief in the power Commissioner John Callahan to spell out the this session. NHSA once again left its ·mark on of the Heads Up! Network to deliver on the agency's position on MCS in a formal memo that legislation. I am proud to have been a to the court (31 October 1997, 2 pages, R-164; promise of high-quality affordable training. see Creamer v. Callahan below, under Rec­ part of that effort and can testify firsthand of On behalf of myself and my colleagues, I ognition of MCS by US Federal Court Deci­ the good work which NHSA does. congratulate the National Head Start Associa­ sions). With this memo, SSA now officially The idea for a Head Start Association was tion, its President Ron Herndon, Chief Execu­ recognizes MCS "as a medically deter­ born in 1973 in Kansas City, Missouri, at a na­ tive Officer Sarah Greene, and the Associa­ minable impairment" on an agency wide tional conference for directors of community tion's national staff and thousands of members basis. MCS is also recognized in several action agencies. A handful of Head Start pro­ across the nation on a quarter century of suc­ " fully favorable" decisions of the SSA's Of­ gram directors attending the conference dis­ cess in service to the country's low income fice of Hearing and Appeals: in case #538-48- cussed the need for a private, national asso­ children and families. I think I speak for all my 7517, in which the administrative law judge, David J. Delaittre, ruled that " the claimant ciation that could advocate specifically for the colleagues when I say that a grateful Con­ has an anxiety disorder and multiple chem­ Head Start community in Congress. gress looks forward to many more years in ical sensitivity," with the latter based in During the remainder of 1973, the core support of quality early childhood and family part on the fact that " objective [qEEG] evi­ group of directors from Kansas City met sev­ care and education-hand in hand with NHSA. dence showed abnormal brain function when eral times with other Head Start directors from Happy Anniversary! October 9, 1998 EXTENSIONS OF REMARKS 25271 HONORING THE RETIREMENT OF terests that have little to do with the extension HONORING THE MEMORY OF DEP­ IMAM KHATT AB of copyright's term, but through their persist­ UTY CONSTABLE RAY LEO "MI­ ence, and the support of some in the House CHAEL'' EAKIN III HON. MARCY KAPIDR of Representatives whose tenacity is to be ad­ OF OHIO mired, have succeeded in putting a provision HON. GENE GREEN IN THE HOUSE OF REPRESENTATIVES in this legislation which is a terrible blow to OF TEXAS Thursday, October 8, 1998 songwriters. IN THE HOUSE OF REPRESENTATIVES Thursday, October 8, 1998 Ms. KAPTUR. Mr. Speaker, I rise today to Copyright term extension is an important recognize a member of the clergy in my dis­ and necessary improvement to our copyright Mr. GREEN. Mr. Speaker, I rise today to trict, the Imam Khattab of the Islamic Center laws, and one which I have long supported. pay tribute to Ray Leo "Michael" Eakin Ill, of Greater Toledo. The Imam is retiring as the After a healthy debate, it passed out of the Ju­ who died tragically on September 29, 1998, congregation's director, having served the diciary Committee without dissent, and those while performing his duties as a deputy con­ Muslim community of Northwest Ohio for six­ of us who support it have fought long and stable. teen years. hard for it to cor:ne to the floor today. It I would like to extend my condolences to his Born in Egypt, Abdelmoneim Mahmoud strengthens our domestic copyright industry by parents, Bill and Janet Green, as well as his · Khattab completed his undergraduate degree extending the life of copyright. In addition, it mother, Barbara Johnson, his father, Ray at Al-Azhar University, where he received his eliminates the disadvantage that the United Eakin, Jr., and his many other relatives and Bachelor's Degree in Theology. He later re­ States has operated under since the European friends. Michael went out every day to make a dif­ ceived Masters Degrees in Social Services Union extended the life of its copyrights, but and Theology, and completed three years in ference and he did-some days in small ways, provided that copyrights created in countries some days in big ways, and on September 29, the College of Law at Cairo University. After that did not do the same, like the United immigrating to Canada, he obtained a Masters 1998, at the cost of his life. One cannot ask States until now, would not be similarly pro­ more of peace officers. Degree in Sociology and went on to complete tected. his PhD coursework. A true scholar and Michael had been in law enforcement for learned man, Imam Khattab has directed his Although I am wholeheartedly in support of 4112 years, spending the past 2112 years work­ expertise to the fields of education, health, term extension, I am deeply disappointed that ing for Harris County Precinct One Constable and foreign affairs, as well as directing Islamic the leadership has agreed to use this vehicle Jack Abercia. Before that he worked in the Centers in Edmonton, Alberta and London, to carve out important protections-meaning Montgomery County Constable's office. Mi­ Ontario prior to his tenure in Northwest Ohio. real money-from songwriters, the over­ chael Eakin is the first person to die while per­ Imam Khattab has profoundly affected each whelming majority of whom do not make a forming his duties in the Harris County Pre­ congregation to which he devoted himself. great deal of money to begin with. The musi­ cinct One Constable's office. During Michael's tenure with the Constable's With his guidance, the Islamic Center of cal licensing exemption provision in today's bill office, he served with distinction in contract Greater Toledo has fostered an interfaith un­ may be a compromise, but it's bad policy. derstanding with the community, and it has patrol, building security, warrant division and I am concerned that the musical licensing become a centerpiece of Muslim faith and cul­ the Hardy Toll Road patrol. exemption-a wholly inappropriate carveout of He grew up in the Aldine area and attended ture in our region. Those who visit the school there. During his senior year, his family mosque, whether members of the Muslim performers rights-may also be violative of moved to Conroe, Texas, where he graduated community or not, cannot help but be swept international treaty obligations. Specifically, the from high school. up in the reverence, humility, faith, and sense provision may well violate the Berne Conven­ tion for the protection of literary and artistic The loss of a peace officer is a tragic event. of the world which reverberates within its The Book of John, Chapter 15, verse 13 walls. · works. I am directly talking about Article 11 b states: Greater love has not man than this, Imam Khattab has been a leader in every is of that convention, which provides the ex­ clusive right of the author to authorize the that a man way down his life for his friends. sense of that word, directing the members of I believe this message has special meaning "public communication by loudspeaker or the mosque in his quiet, humble manner and today and forever. As a father and proud fam­ with the greatest dignity. He takes his leave to other analogous instrument transmitting by ily man, I cannot begin to understand the pain pursue other important ventures, but leaves all signs, sounds, or images, the broadcast of the and heartache being felt by the Green and of those who knew him during his stay here work." Based on the Register of Copyrights' Eakin families. I can only hope and pray that richer for the experience. We wish him well in analysis of earlier versions of this bill, I am this death was not in vein, and we all join to­ his journey. Assalamu Alaikum, a friend to concerned that the carveout in today's bill may gether to pray for them. each of us who strive for a world of greater violate that provision. Deputy Constable Michael Eakin's dedica­ understanding, peace, and fellowship. The case has also been made to me that tion and devotion to the citizens of Harris the carveout-which will come directly out of County serves as a model for all law enforce­ SONNY BONO COPYRIGHT TERM the pockets of songwriters-may also be a ment. I ask my colleagues to join me in paying EXTENSION ACT taking. How ironic that the Republican majority tribute to the life of Michael Eakin. would spend so much time worried about SPEECH OF takings in the property context, then turn RECOGNIZING NEW JERSEY HON. JOHN CONYERS, JR. around and do it to small business people BROADCASTERS OF MICHIGAN when nobody's looking. IN THE HOUSE OF REPRESENTATIVES I am voting for today's legislation because HON. CHRISTOPHER H. SMITH Wednesday, October 7, 1998 the extension of copyright term is a critical and OF NEW JERSEY necessary policy change for our Nation to IN THE HOUSE OF REPRESENTATIVES Mr. CONYERS. Madam Speaker, I rise make. I am disappointed that the legislation in­ today in strong support of that part of the term Thursday, October 8, 1998 . extension bill which actually extends the term cludes this carveout that hurts songwriters. Mr. SMITH of New Jersey. Mr. Speaker, I of copyright. But to object to another, unre­ But it was a compromise, and I recognize that. rise in recognition of New Jersey's broad­ lated provision of the bill which I wish were not I regret that songwriters were made to com­ casters and the New Jersey Broadcasters As­ included today. I do support this overall bill, promise on something they should not have sociation who have worked in partnership to and I will vote for it, but as I say, regret that had to be dealing with at all, but it is a com­ help focus public attention on some of the key I am forced to accept a terrible provision as promise, and I understand that. I just am not concerns for residents in my state. While radio the price to pay for supporting a bill which this sure that nations that may have a claim and television stations are required to address Nation urgently needs. against us in the world trade organization be­ important public issues, New Jersey broad­ I deeply regret that copyright term extension cause of a violation of the Berne Convention casters have worked hard to exceed their re­ legislation was hijacked some time ago by in- will understand it, and that concerns me. sponsibilities. 25272 EXTENSIONS OF REMARKS October 9, 1998 New Jersey's television and radio stations Joint Chiefs of Staff and each of the four as to what would currently be happening: have raised over $1 million for charitable Service Chiefs hewed to the old party line. The nation would be rapidly evolving its causes and donated over $3 million in air-time They parroted the JCS's position laid out in AEGIS infrastructure so as to put into place within a few years a competent, worldwide for public service projects. Broadcasters in my an Aug. 24 letter from their chairman, Gen. Hugh Shelton, to the chairman of the Com­ defense against shorter-range missiles (cur­ state have raised money to build new housing mittee's Readiness Subcommittee, Sen. Jim rently threatening our forces and friends for needy families, provided gifts for children Inhofe, Oklahoma Republican: "We remain overseas). Absent the ABM Treaty, more­ during the Christmas holidays, and helped confident that the intelligence community over, this program would also afford the be­ many individuals who were victimized by nat­ can provide the necessary warning of the in­ ginnings of a missile protection for Ameri­ ural disasters. digenous development and deployment by a cans here at home for a price tag estimated Stations in New Jersey have donated count­ rogue state of an ICBM threat to the United to total (thanks to the sunk costs) just $2 less hours of public affairs programming and States." billion to $3 billion, spent out over the next public service announcements aimed at edu­ In particular, the JCS dismissed as "an un­ five years. likely development" a key conclusion of the At this writing, Defense Secretary William cating residents about alcohol abuse, anti­ blue-ribbon, congressionally mandated com­ Cohen and Gen. Shelton are about to appear crime initiatives, and efforts to fight poverty mission led by former Defense Secretary before the Armed Services Committee. Given and hunger. Additionally, two-thirds of the Donald Rumsfeld-namely, the prospect that the velocity with which these sessions are radio stations in New Jersey have made it "through unconventional, high-risk develop­ producing dramatic changes in administra­ their policy to offer free air-time to political ment programs and foreign assistance, rogue tion positions, perhaps these witnesses will candidates. The median value of the air-time nations could acquire an ICBM capability in reveal that the truth is breaking out not totaled $27,000 per station. a short time and that the intelligence com­ only with respect to the threat, but also with Radio and television stations have done munity may not detect it." regard to what can be done about it. Yet, Mr. Hamre and the generals accom­ Under no circumstances should the wit­ much to provide important information for peo­ panying him were obliged to acknowledge nesses be allowed further to insult senators' ple throughout New Jersey. Their important that they and the intelligence community intelligence by promoting the absurd argu­ charitable fund raising, coordinated through had in fact been surprised by North Korea's ment that a limited national missile defense the New Jersey Broadcasters Association, has test on Aug. 30 of a third-stage on its Taepo system that literally has to be built from the helped enhance the quality of life for many of Dong 1 missile. Indeed, this demonstration of ground up can be brought on-line faster and our citizens. the inherent capability to manufacture cheaper than one that is largely operational, Mr. Speaker, I would like to take this oppor­ intercontinental-range ballistic missiles apart from some relatively minor hardware tunity to thank Phil Roberts, the Executive Di­ came along years before it had been expected and software changes. This defies common sense. So does the line that the ABM Trea­ rector of the New Jersey Broadcasters Asso­ by the Clinton team. It happened to validate, however, the Rumsfeld Commission's warn­ ty-which nominally permits the former and ciation and all the people who work at New ing that the United States was likely to have explicitly prohibits the latter, sea-based Jersey's radio and television stations for their "little or no warning" of a ballistic missile anti-missile program-is having no impact commitment and dedication to the people of threat from the likes of North Korea, Iran on the effort to defend America against mis­ New Jersey. and Iraq. sile attack. Gen. Shelton and Co. owe Mr. Rumsfeld Whether the truth on these fronts actually and his colleagues an apology- just as the emerges from the Cohen-Shelton hearing or DON RUMSFELD'S HISTORIC nation owes the commission a debt of grati­ at some future event, one thing seems clear: LEGACY tude for helping to shatter the administra­ It will become harder and harder to lie to the tion's cognitive dissonance about the esca­ American people about their vulnerability to lating missile threat. ballistic missile attack and about the avail­ HON. NEWf GINGRICH The real spectacle, though, came when the ability of near-term, affordable options for OF GEORGIA Defense Department witnesses [proceeded to reducing that vulnerability, provided the IN THE HOUSE OF REPRESENTATIVES assure senators of two propositions that ABM Treaty is no longer allowed to be an impediment to bringing defenses on-line. Thursday, October 8, 1998 make the systematic underestimation of the threat pale by comparison. First, they as­ Hats off to Don Rumsfeld and his team for Mr. GINGRICH. Mr. Speaker, the attached serted that the 1972 Anti-Ballistic Missile creating conditions under which such mo­ article from the Washington Times provides Treaty is in no way interfering with the mentous changes may yet result in the de­ the proper perspective on the work of former United States' pursuit of effective missile ployment of missile defense before they are Secretary of Defense Donald Rumsfeld. Frank defenses. And second, they · claimed their needed. Gaffney, Jr., recognizes that the findings of work on such defenses is proceeding as Frank J. Gaffney Jr. is the director of the Center for Security Policy and columnist for the Rumsfeld Commission are accurate and quickly as possible. The one exception Messrs. Hamre, Ralston the Washington Times. need to be given serious consideration. I rec­ and Lyles mentioned in the latter connec­ ommend this article to my colleagues, and I tion was the Navy's "AEGIS Option" : an submit the article to the CONGRESSIONAL evolution of the fleet air defense system that H.R. 4569, THE FOREIGN OPER­ RECORD . is operational on the world's oceans thanks ATIONS APPROPRIATIONS, FY [The Washington Times, Wed., Oct. 7 1998] to an investment of some $50 billion to date, 1999 so as to permit it to shoot down ballistic DON RUMSFELD'S H EROIC LEGACY missiles. They confirmed that this promising (Frank Gaffney Jr.) program was not receiving the funds it needs HON. DAN BURTON Last Friday, top uniformed and civilian to proceed as quickly as technology would OF INDIANA Pentagon officials made something of a spec­ permit. lN THE HOUSE OF REPRESENTATIVES tacle of themselves on Capitol Hill. Unfortunately, to correct this shortfall, It's not just that the officials-Deputy Sec­ the Pentagon is actively considering termi­ Thursday, October 8, 1998 retary of Defense John Hamre, Vice Chair­ nating (either formally or de facto) the Mr. BURTON of Indiana. Mr. Speaker, today man of the Joint Chiefs of Staff Ralston and Army's important Theater High Altitude want this Congress to focus on a govern­ Lt. Gen. Lester Lyles, the director of the Area Defense (THAAD) program. Were such Ballistic Missile Defense Organization-were an ill-advised step to be taken, it would offer ment that has spent years practicing torture on forced to admit to members of the Senate proof positive of the adage that two wrongs its own people. However, when you go home Armed Services Committee that they could do not make a right. and turn on the evening news, good luck try­ no longer sustain the central tenet of the ad­ The Defense Department representatives ing to find any story that reveals this particular ministration's resistance to the prompt de­ went on to perpetrate another spectacular human rights issue. And better luck getting ployment of missile defenses: The ballistic fraud. None mentioned that the AEGIS Op­ this administration to pay any attention to the missile threat from a rogue state like North tion is a case in point of how the ABM Trea­ plight of thousands of innocent civilians. Korea is now recognized as likely to emerge ty is, in fact, preventing effective anti-mis­ We speak of tragedies all over the world before the United States can deploy effective sile systems from being developed and de­ this time of year. We speak of the struggles in anti-missile systems to defeat it. ployed as soon as possible. Nor was the spectacle primarily a function If the dead hand of this 26-year-old ac­ Africa, Cambodia, and Burma. We reprimand of this hearing's juxtaposition with one the cord-with a country that no longer exists­ China for its draconian abortion policies and il­ committee had held three days before. On were not still governing the Clinton policy legal human organ sales. We threaten to stop the earlier occasion, the chairman of the toward missile defense, .there is little doubt international military and educational training October 9, 1998 EXTENSIONS OF REMARKS 25273 (IMET) from Indonesia for abuses in East Kalan on the pretext that they were inves­ it is not going to be business as usual with the Timor. We even criticize longstanding allies tigating a theft. They then tortured him for 15 United States. like Turkey for its treatment of its Kurdish citi­ days. They rolled logs over his legs until he Mr. Speaker, the Ameriqm people are tired zens without addressing the brutal murders couldn't walk; they submerged him in a tub of of helping bullies who punish their own people carried out by the PKK, a Kurdish Marxist ter­ water; and they slashed his thighs with razor and threaten neighbors. India is still the 5th rorist organization. blades and stuffed hot peppers into the largest recipient of U.S. foreign aid in the Unfortunately, there is one human rights wounds. world; India is the world's largest borrower issue that continues to escape the attention of On April 1, 1998, Brother Luke, a Roman from the world bank with more than $44 billion this administration, some members of this Catholic priest was murdered in the eastern in loans; India votes against the U.S. at the Congress and the media. That issue involves state of Bihar. His body was found with a bul­ United Nations more often than any other the plight of the Sikhs in Punjab or Khalistan; let hole through the head. He was a member country, except Cuba. the plight of the Kashmiris; the plight of chris­ of Mother Teresa's world-renowned charity or­ It does not justify sending more hard-earned tians in Nagaland; and the plight of the "un­ ganization. This is the fourth priest in 2 years tax dollars to a country that claims to be the touchables", the lowest caste in India's sys­ that has been murdered in India. largest democracy in the world, but obviously tem. On October 30, 1997, Reverend A.T. Thom­ shares none of our most cherished values. Mr. Speaker, the Indian Government is one as was found beheaded also in Bihar, appar­ Democracies don't commit genocide! . of the world's worst human rights abusers in ently killed for aiding the no-caste "untouch­ Let's put the brakes on the foreign aid gravy the world. You may ask, well if that's true why ables." Amnesty International has linked the train to India! Ask the President not to waiver on his doesn't the word know? Bihar state government to the murder of Rev. stance with India! Since the 1970's, Amnesty International and Thomas! The Catholic Bishops Conference of other human rights groups have been barred India has criticized the government for doing from India. Mr. Speaker, even the Government nothing to protect Catholic priests and for fail­ OUR U.S. CONGRESS-KOREAN NA­ of Cuba allows Amnesty into their country. ing to prosecute those responsible. TIONAL ASSEMBLY STUDENT IN­ In fact, there are half-million Indian soldiers On July 12, 1997, in Bombay, 33 Dalits TERN EXCHANGE PROGRAM occupying Punjab, and another half-million (black untouchables) were killed by Indian po­ troops occupying Kashmir. Since 1947, India lice during demonstrations. HON. BENJAMIN A. GILMAN has killed over 200,000 christians in Nagaland; On July 8, 1997, 36 people were killed in a OF NEW YORK 250,000 Siks in Punjab from 1984-1995; and train bombing in Punjab. Two ministers of the IN THE HOUSE OF REPRESENTATIVES 53,000 Muslims in Kashmir since 1988. Punjab Government have blamed the Punjab For the last sixteen years, I have been com­ police. The bombing occurred a day after 9 Thursday, October 8, 1998 ing to this well to call attention to Punjab, policemen were convicted of murder! Mr. GILMAN. Mr. Speaker, I am pleased to where the Indian military receives cash boun­ On March 5, 1997, a death squad picked up rise to call to the attention of our colleagues, ties for the slaughter of innocent children. And Kashmir Singh, an opposition party member. Michael L. Fox, a resident of Huguenot, NY, to justify their actions, they are labeled "terror­ He was thrown in a van, tortured, and mur­ who was my 1998 designee to participate in ists." dered. Finally, his bullet-ridden body was the U.S. Congress-Foreign National Assem­ According to our own State Department, dumped out on the roadside. bly Student Intern Exchange Program. India paid over 41 ,000 cash bounties to police These military forces operate beyond the As my nominee, Michael was one of eight for killing innocent people from 1991-1993! law with complete impunity! American interns who were selected by Mem­ Also in Punjab, Sikhs are picked up in the Mr. Speaker, the United States should not bers of this body, who participated in the ex­ middle of the night only to be found floating support a government that condones wide­ change program from July 23rd to August 8th, dead in canals with their hands and feet spread abuses with our hard-earned tax dol­ 1998. bound together. Some Sikhs are only so fortu­ lars! It is time India is held accountable for its This exchange program, which I initiated in nate, many are never found after their abduc­ continued violation of basic human rights! 1984 with the cooperation of the Korean Na­ tion. The Sikhs, Muslims, Christians, "untouch­ tional Assembly, our International Relations Recently, the India Central Bureau of Inves­ ables," and women of India are desperately Committee, and the U.S.l.A., has been an ex­ tigation (CBI) told the Supreme Court that it looking to this Congress for help. The time citing experience for hundreds of eager young had confirmed nearly 1,000 cases of unidenti­ has come for action, it is time for America to adults over the years in Korea and in the fied bodies that were cremated by the military! take a stand! United States who have participated. The Ko­ And it does not get any better in Kashmir. Considering all this, the President still re­ rean National Assembly Youth Exchange Pro­ Women, because of their Muslim beliefs, are quested $56.5 million in . development assist­ gram is an attempt to foster increased rela­ taken out of their homes in the middle of the ance for India in fiscal year 1999. That is an tions between the United States and Korea. night and are gang-raped while their husbands increase in almost $1 million over last year. For the 14 years that our program has been are forced to watch and wait inside at gun­ As everyone is aware, as a result of India's conducted, it has been a positive experience point. recent nuclear test, the President has imposed for all participants and both governments. It was hoped that the new governments in a broad range of sanctions on India for viola­ Mr. Speaker, Mr. Fox was kind enough to Delhi and Punjab would stop the repression tion of section 102(b) of the Arms Export Con­ report in detail his trip to Korea, a copy of which the Indian supreme court describes as trol Act. Also known as the Nuclear Prolifera­ which I request to be included at this point in "worse than a genocide!" tion Prevention Act of 1994, or more popularly, the RECORD: Mr. Speaker, opponents will say the recent the Glenn Amendment-it prohibits a variety U.S. CONGRESS-KOREAN NATIONAL ASSEMBLY election in Punjab of a Sikh dominated coali­ of assistance and commercial transactions be­ YOUTH EXCHANGE PROGRAM; JULY 23-AU­ tion and the fact that an "untouchable" is now tween the U.S. and any country if the Presi­ GUST 8, 1998 the President of India is evidence of their dent determines that that country-if it is a I must say that this was one of the most democratic progress. non-nuclear-weapon state---has detonated a interesting summers of my life! Partici­ pating in this exchange program to Korea is But, I can tell you that this new government nuclear explosive device. an experience which I will cherish and re­ in Punjab is closely aligned with the authori­ India has disregarded regional and inter­ member for the rest of my life. tarian BJP Prime Minister Vajpayee of India national stability by placing missiles and ex­ We started with group briefings on July 18, and India's "untouchable" President is merely ploding thermonuclear weapons, fission weap­ and soon after began to have joint meetings a figurehead. Mr. Speaker, would democracies ons, and hydrogen bombs near the Pakistan with the Korean Delegates so that we could continue the rampant campaign of genocide? border. Indeed, their behavior has been clearly get to know each other. Following three On July 22, 1998, Baljit Singh, A Sikh youth unacceptable, and they are being properly days of activities, which concluded with re­ of Burj Dhillwan village, died of complications punished. I applaud the President for his for­ ceptions hosted by His Excellency the Am­ bassador of the Republic of Korea Lee Hong­ from torture-style brutality inflicted by the Pun­ titude. Koo at his residence, and the Chairman of jab police. And, if the President continues to follow the House International Relations Com­ Also in July of 199.8, police picked up through with the current law, this should send mittee, and co-founder of this exchange pro­ Kashmira Singh of the village of Khudiah a strong signal to the Indian Government that gram, Representative Benjamin Gilman, in 25274 EXTENSIONS OF REMARKS October 9, 1998 an HIRC committee room, the American Del­ incredible that as these dilemmas continue mending both Mr. TAUZIN, the Chairman of the egation embarked for Seoul, South Korea. to mount, the governmental body of the na­ Subcommittee on Telecommunications, and During our time in the country, which to­ tion was not convened and working toward Mr. COBLE, the Chairman of the House Sub.­ taled almost three weeks, we had meetings solutions! The political, economic and social and briefings with various officials and gov­ situation in South Korea is not good at this committee on Courts and Intellectual Property. ernment officers. Many of our discussions time. They have both worked hard to bring this leg, centered on the current Asian Economic Cri­ Traveling to Panmunjom, the DMZ, and islation to the floor today, and I thank them for sis and unification with North Korea, along North Korea one comes to realize how lucky their efforts. with China's role and the role of the joint we are as Americans. As we entered the con­ Mr. Speaker, this legislation represents a South Korea-Japan-North Korea hosted ference room, and North Korea, we came crucial first step in Congress' efforts to reform World Cup 2002 Games in that unification. face-to-face with North Korean Soldiers. We the laws governing the provision of direct-to­ The culture of South Korea is very dif­ come from a nation with ho hostile borders, home satellite television and will bring imme­ ferent from that in the United States, but we whose Capital is not (and has not been since diate relief to millions of satellite consumers. did find that in-roads of "Americanization" the Civil War) within two hours or less of had occurred. The youth of the nation has enemy territory and hostile invaders. We are More specifically, this legislation addresses been turning more to American ideas and very lucky indeed, and came to understand the level of copyright royalty fees paid by con­ culture over the past generation. McDon­ why unification is such as important topic sumers of satellite services. Aside from the ald's, Baskin Robbins and TGIFridays can be on the Korean Peninsula today. staggering size of these fee increases. the found on the streets of Seoul, Chejudo Is­ I found this trip to be very informative, ex­ rate levels do not compare favorably to what land, and elsewhere. While much of the cul­ citing and fun. While learning about these the cable industry currently pays for identic~I ture still centers on respect for elders (even crises and problems, we did find time to signals. those one day older than you) and the impor­ relax and have some fun. An important part At a time when we are counting on the com; of our experience came from developing tance of the group over the individual, these petition that satellite services can bring to con-, ideals, too, have been changing somewhat friendships and relationships with Korean among those members of the present genera­ citizens we came to meet, including past Ko­ sumers, it seems senseless to create addi~ tion. rean Delegates. We developed relationships tional differences in the costs of programming Turning to the Economic Crisis, the situa­ through social and cultural activities, such between these two industries. , tion is growing critical. As Americans, I do as home visits, traditional Korean meals, The rates that satellite subscribers pay for not think that we can find it easy to under­ hotel stays, and patronage of restaurants certain popular programming will certainly rise stand the magnitude of these topics, living and places of entertainment. Cultural unless Congress takes action on this legisla­ safely and comfortably within the borders of bridges were built in side trips to Ancient tion. Although the royalty fee increase is al­ our great Nation, but over there banks and Palaces in, and around, Seoul, ancient cities ready in effect, many satellite carriers have businesses are failing. Layoffs occur every and temples throughout the nation-such as day. Labor unions and unemployed workers those in Kyongju-and the viewing of tradi­ not passed on the full amount of the increases demonstrate on the streets everyday, and tional Korean theater and dances in the re­ to consumers in anticipation of congressional buses upon buses of riot police are lined up sort area of Chejudo Island. The overall expe­ intervention. all over Seoul. Making things worse, many of rience was quite enjoyable, and we came Further, if this situation is not addressed · the officials and experts that we spoke to, in­ away returning to the United States with a soon, superstations, which remain popular cluding those from the Ministry of Foreign greater understanding of the culture and with many consumers, could well be dropped Affairs, Trade and Unification, expect that way of life on the Korean Peninsula, and the from satellite-delivered programming pack­ this crisis will continue for at least 3- 5 more problems that are being dealt with even as ages. years before a complete turn-around can be this essay is being read. expected. Newspaper articles discuss the dis­ Despite this situation, the overall program Swift action on H.R. 2921 is particularly nec­ appearance of the middle-class. The poor are, was wonderful. I would venture to say that essary for the millions of satellite subscribers as always, hurting. We saw people still work­ the program succeeded in its goal of fos­ who, because they reside in rural areas and ing in rice paddies in many areas lacking so­ tering a better understanding of Korean life can receive the affected programming from no phisticated equipment or technology. The and culture on the part of Americans, and a other source, will be captive to the rate hikes standard of living and poverty lines are better understanding of American life and resulting from higher royalty fees. t much lower than those in the United States. culture on the part of the Korean Dele­ This legislation also clarifies the satellite In addition, as I toured the Hyundai plant in gates-as became apparent at our joint de­ broadcasters' legal standing to sue those who Ulsan, my guide informed me that although briefing held in San Francisco, California on pirate satellite broadcast signals. Signal the labor unions were not aware of it yet, the August 8-9, 1998. We hope to maintain the Hyundai Motors plant was preparing to lay­ friendships which developed through the pro­ theft-be it cable or satellite signals-is a seri­ off up to 40,000 workers! As more and more gram- among the American Delegation, this ous problem. This provision will help promote workers are laid off, the problems will be year's Korean Delegation, and those whom the long-term viability of satellite television compounded. we met, and who were so gracious to us, service. Calls have been made for a restructuring of while in Korea. Mr. Speaker, the Commerce and Judiciary the government, an abolition of the Korean I will never forget this experience as long Committees recently joined our counterparts in National Assembly, or a cut in the bureauc­ as I live, and I thank Chairman Gilman, my the Senate in one last effort to gain adoption racy and size of the government. They are Congressman and sponsor, for giving me the of a set of more comprehensive changes in searching for measures that would bring re­ opportunity to participate this year. lief and a solution to this great problem. I cannot stress enough how important I the underlying satellite laws this year. I regret Americans are not favored or popular feel it is to continue this program in years to to say that this effort failed for both lack of amongst some South Koreans. We were ad­ come. There is no better way to foster under­ time remaining in this Congress and lack of vised to be careful and aware of our sur­ standing among nations with different cul­ consensus among the industry players. roundings at all times. While I did not feel tures than through the exchange of people But this exercise did create a large degree that we were in real danger, I realized that and ideas. In my opinion, this is a most valu­ of agreement on many significant points on we are being blamed for bringing IMF aid to able program. which I believe we can build next year. I just Korea, which is seen as a weakening force for would like to state for the record, my firm com­ the Won, and a target of accusation by the demonstrating workers. mitment to revisiting and resolving these MULTICHANNEL VIDEO COMPETI­ issues in a comprehensive manner early next Unification will be difficult under these TION AND CONSUMER PROTEC­ conditions. Some estimates from CSIS and year with the assistance and participation of other agencies put production in North TION ACT OF 1998 my good friends and colleagues on the Judici­ Korea at only about 25 percent of capacity. ary Committee. Mr. TAUZIN and Mr. COBLE in South Korea is afraid that unification would SPEECH OF particular. cost too much, and that it simply cannot af­ HON. TOM BULEY I have confidence that the two committees ford to " prop-up" North Korea's economy, OF VIRGINIA can and will work together to enact these im­ especially since its citizens are not used to, portant reforms. I can only urge the affected or prepared for, a productive life in a capi­ IN THE HOUSE OF REPRESENTATIVES industries to work diligently in the months be­ talist economy. Wednesday, October 7, 1998 In spite of these grave problems, it is inter­ fore the beginning of the next Congress to esting to note that the National Assembly Mr. BULEY. Mr. Speaker, I rise in support bury their differences and to lend their co­ was not in session while we were there. It is of H.R. 2921. I would like to begin by com- operation to us. October 9, 1998 EXTENSIONS OF REMARKS 25275 Mr. Speaker, the reforms contained in H.R. This resolution is small in scope but it is violent effort for a free and sovereign 2921 are a downpayment on the more com­ large in symbolism. It sends a message to Khalistan. . prehensive package of changes we hope to children that we care about them, we under­ I believe that the breakup of India is inevi­ bring to the full House early next year. It is a stand their problems, we share their dreams, table, despite the brutal campaign of state ter­ worthy beginning. and we want them to enjoy life to the fullest. rorism which is designed to hold it together by I urge the adoption of the bill. As Robert Kennedy said: "When one of us force. Even Sharad Pawar, the Leader of the prospers, all of us prosper. When one of us Opposition in the Indian Parliament, recently fails, so do we all." I urge my colleagues to IN SUPPORT OF H. CON. RES. 302, said that if India does not get its house in support this resolution and give all our children NATIONAL KIDSDAY AND NA­ order quickly, it could fall apart like the Soviet a chance to prosper. TIONAL FAMILY MONTH Union. He joins Nehru biographer Professor Stanley Wolpert, Columbia University Pro­ fessor Ainslee Embree, and Dr. Jack .Wheeler HON. TIM ROEMER TRIBUTE TO OOIDA of the Freedom Research Foundation, who OF INDIANA have all predicted India's breakup. IN THE HOUSE OF REPRESENTATIVES HON. ROY BLUNT India's desperation to keep its multinational Thursday, October 8, 1998 OF MISSOURI state together is showing. Recently the Vishwa Mr. ROEMER. Mr. Speaker, I rise in strong IN THE HOUSE OF REPRESENTATIVES Hindu Prashad (VHP), a Hindu fundamentalist support of H. Con. Res. 302, recognizing the Thursday, October 8, 1998 organization affiliated with the Fascist RSS, importance of children and families in the praised the rape of four Catholic nuns in the United States and expressing support for the Mr. BLUNT. Mr. Speaker, the Owner-Oper­ state of Madhya Pradesh, calling the rapists goals of National KidsDay and National Family ator Independent Driver Association rep­ "patriotic youth" and calling for all foreign mis­ Month. I want to thank Representatives PAUL resents over 40,000 small business profes­ sionaries to be expelled from the country. The MCHALE, FRANK WOLF, HAROLD FORD, NANCY sional truckers across America. On October 9, ruling BJP, which was elected on a Hindu Na­ JOHNSON, and DEBORAH PRYCE, who joined OOIDA will celebrate 25 years of service at tionalist platform, is the political wing of the me in introducing this resolution last July, as the grand opening of their new headquarters RSS. So much for Indian secularism! Clearly, well as Representative WAL TEA JONES and the in Grain Valley, Missouri. there is no place for Christians in Indian de­ many other Members who helped bring it to I had planned on being present at these mocracy. There is no place for Sikhs, Mus­ the floor today. very special ceremonies, but unfortunately the lims, aboriginal Dalits, Tamils, Assamese, We live in an increasingly stressful society schedule of the House will prevent my partici­ Manipuris, or other ethnic and religious minori­ these days. Perhaps no one feels this stress pation. ties either. The Association provides many services to more acutely than our Nation's children. The Recently, a large group of Sikh and Kash­ its members including access to affordable pressures of crime, drugs, violence and bro­ miri protesters showed up at the United Na­ health and truck insurance, training, updates ken homes are robbing many children of the tions headquarters to protest the visit of Indian on regulatory changes, and support for re­ joys of childhood. There is a growing concern Prime Minister Atal Bihari Vajpayee. They sources for operating a successful small busi­ ttiat too many kids are in crisis, and that no chanted slogans of independence for their ness,. OOIDA is also an effective advocate on one is speaking out for them or trying to help. people, and they attempted to inform the pub­ That is what this resolution is all about. It is its members behalf before state and federal lic about India's human-rights violations. The a simple, straightforward, bipartisan appeal on regulatory and legislative bodies. flyer they circulated read, "A religiously intoler­ behalf of the children in our Nation to pay We need to work closely with OOIDA and ant country can never be democratic." more attention to their needs, to provide them their members, small business operators, to with a healthy and safe environment, and to seek passage of legislation that achieves a re­ Earlier this year in New Delhi, at the largest give them hope for a secure and prosperous duction in the number of toll roads, that en­ internal protest against Indian nuclear weap­ future. The resolution also expresses support hances the deductibility of meals, travel and ons tests, demonstrators carried signs that for two particular initiatives which are being health insurance expenses, and legislation read, "We are Sikhs, not Indians." This is a undertaken on behalf of kids: National that reduces the tax burden on all small entre­ strong expression of the Sikh Nation's demand KidsDay and National Family Month. Both of preneurs. We must stand with OOIDA to elimi­ for freedom. Still India continues its efforts to these initiatives have been created by nate onerous regulations and as partners to keep the country together by force. KidsPeace, our Nation's oldest and largest rebuild our transportation infrastructure. India votes against the United States at the not-for-profit organization dedicated solely to On this day, we offer our appreciation for United Nations more often than any other serving the needs of kids in crisis. the outstanding achievements of Jim John­ country, except Cuba. It even publicly en­ National KidsDay, observed on the third ston, President of OOIDA, OOIDA's board of dorsed the Soviet invasion of Afghanistan. Ac­ Saturday in September, encourages parents, directors and the independent truck drivers cording to published reports, India has also grandparents and caregivers to spend a day who deliver every day for us all. provided the raw materials for nuclear devel­ with their children just having fun, and giving opment to Iran and other anti-American coun­ them a break from the strains of everyday life. tries. National Family Month is celebrated during the HAPPY llTH ANNIVERSARY TO The Congress should move immediately to five-week period between Mother's Day and THE COUNCIL OF KHALISTAN support freedom and real stability in this trou­ Father's Day. Each week focuses on a spe­ bled region. We must maintain the sanctions cific value that families should provide to their HON. DAN BURTON that have been put in place against India. In children, including: a safe and secure home; OF INDIANA addition, we should cut off the aid that helped build India's nuclear weapons. My colleagues people they can trust; love and value; the IN THE HOUSE OF REPRESENTATIVES power and freedom to grow; and hope for the should also vote to support the Sikhs and future. Thursday, October 8, 1998 Kashmiris in their struggle for freedom by de­ Mr. Speaker, children are our most precious Mr. BURTON. Mr. Speaker, I rise today to manding a free and fair plebiscite in those gift. We cannot afford to let even one child slip observe and pay tribute on the occasion of the states, so that they themselves can determine through the cracks. KidsPeace and other orga­ eleventh anniversary of the Council of their future in a democratic way. This is the nizations are doing a wonderful job of reach­ Kahlistan. Wednesday, October 7th, marked only way to make sure that the breakup of ing out to those children who are most at risk eleven years since the Sikh people of Punjab India comes about peacefully like the former in society, and helping them develop the cour­ declared their independence from India, nam­ Soviet Union, not violently. Taken together, age and skills necessary to overcome crisis. ing their new country Khalistan. Immediately these steps will ensure that all the people and But no matter how hard they try, these organi­ after this declaration, they appointed the nations of South Asia can live in freedom, zations cannot take the place of loving par­ Council of Khalistan to lead their struggle for peace, prosperity, and dignity. ents, stable homes, and a healthy environ­ independence. Since then, under the leader­ I . am placing the article on Sharad Pawar ment in which kids can feel safe, loved and ship of Dr. Gurmit Singh Aulakh, the Council into the RECORD for the information of my col- positive about their lives and their futures. has conducted a peaceful, democratic, non- leagues. · 25276 . EXTENSIONS OF REMARKS October 9, 1998 [From the India-West, August 7, 1998] timated that the average trip length to work in the community and be developed with con­ INDIA MAY SUFFER SOVIET FATE: PAWAR Boston's Central Business District is 12 miles. stant community input and collaboration." PUNE -The leader of opposition in the For each person who chooses to ride a bike The consecration of her life serves as an Lok Sabha Sharad Pawar Aug. 2 expressed to work rather than drive a car, the air in Bos­ example of how much difference a committed the fear that the country might go the erst­ ton is relieved of 12 grams per trip of volatile crusader can truly make in behalf of the less while Soviet Union way unless concerted ef­ organic carbon, 14 grams per trip of nitrogen fortunate. Almost singlehandedly she has forts are taken to strengthen its economy in oxides and 120 grams per trip of carbon mon­ championed a career-long commitment to af~ the wake of international reaction to its car­ fordable quality health care services to poor rying out nuclear tests. oxide. Pawar was speaking at a function to re­ Mr. Speaker, this clearly demonstrates that families for nearly two decades. lease a book, "Hiroshima," by noted Marathi bicycling expands the recreational opportuni­ In her stint as Director of the Family Health writer D.B. Kher on the after effects of bomb ties for Boston area residents, while contrib­ Center, Mrs. Trice ensured the provision of explosion in Japan Aug. 6, 1945. uting to a more healthful environment by re­ high quality, accessible health care to more Pawar said through the erstwhile USSR ducing traffic congestion. than 60,000 residents of Liberty City, Hialeah; was a nuclear power it collapsed, and added Brownsville, Little Haiti and other areas north­ that India should not become over-confident west of Miami-Dade County. During those after the Pokhran-II tests. TRIBUTE TO MRS. JESSIE TRICE harrowing times of cutbacks in health and :so­ He said India should also be very vigilant ON THE CELEBRATION OF HER cial services funding at the federal, state and, as the economy of Pakistan was in the dol­ RETIREMENT ON OCTOBER 17, drums. It might take any dangerous step out local levels, the Miami Times recalled, ". ··· Ii of frustration. "We should not forget the fact 1998 Mrs. Trice's innovative and uncompromising that Pakistan had a history of aggression commitment enabled it to maintain its critiq~J against India and hence we should be on HON. CARRIE P. MEEK services, while leading efforts to ensure effec, guard," he said. OF FLORIDA tiveness and a caring approach were not com­ IN THE HOUSE OF REPRESENTATIVES promised." ·~·· Mrs. Trice truly represents an exemplary CONFERENCE REPORT ON H.R. 4194, Thursday, October 8, 1998 community servant who abides by the dictum DEPARTMENTS OF VETERANS Mrs. MEEK of Florida. Mr. Speaker, it is in­ that those who have less in life through no AFFAIRS AND HOUSING AND deed a distinct privilege to rise and pay tribute fault of their own should somehow be lifted up URBAN DEVELOPMENT, AND to one of my community's unsung heroines, by those who have been blessed with life's INDEPENDENT AGENCIES APPRO­ Mrs. Jessie Trice, Director of Miami's Family greater amenities. As a gadfly among Miami­ PRIATIONS ACT, 1999 Health Center. Her countless friends and ad­ Dade County's health care professionals, she mirers are honoring her on October 17, 1998 is wont to prod her colleagues toward ensur­ SPEECH OF in recognition of the longevity of her legacy to ing that both political and bureaucratic leader­ HON. JOSEPH P. KENNEDY II the poor and underserved families. ship find a way to develop programs in and of OF MASSACHUSETTS Mrs. Trice truly represents the noblest of my the community, despite the risks. As one of those hardy spirits who chose to IN THE HOUSE OF REPRESENTATIVES community. Having dedicated a major portion of her life to making the health care system reach out to those living in public housing Tuesday, October 6, 1998 work on behalf of the less fortunate in Miami­ projects, Mrs. Trice thoroughly understood the Mr. KENNEDY of Massachusetts. Mr. Dade, she was relentless in her development accouterments of power and leadership. She Speaker, I want to thank Chairman JERRY of innovative family health services program sagely exercised them, alongside the mandate LEWIS and Ranking Member LOUIS STOKES, of that responded to the crying needs of our of her conviction and the wisdom of her knowl­ the Appropriations Subcommittee on VA, HUD community's poor. Hers was indeed a crusade edge. The crucial role she played all these and Independent Agencies, for their coopera­ of love and commitment that maximized un­ years in developing affordable quality family tion in awarding federal funds under the Eco­ derstanding and compassion for countless health care evokes a genuine humility as she nomic Development Initiative for two of the destitute families who severely lack the finan­ is wont to say that ". . . the accolades are not most heavily-used bike paths in the Boston cial wherewithal to have their health care important. What is important is that my com~ area. move up through the labyrinth of the bureauc­ munity receive the recognition of its strength, We have received $250,000 for the Arling­ racy. despite the adversity, and help for the dis­ ton-Boston bike path and $150,000 for the Under her leadership many lives have been proportionate share of the problems it con:. Minuteman Commuter Bikeway. Bicycling is saved and countless families have been ren­ fronts everyday." _ very popular in Boston, and throughout the dered whole because of her dedication to cre­ Her word is her bond to those who dealt Commonweath of Massachusetts. ate accessibility to affordable health care serv­ with her, not only in moments of triumphal There are many tangible benefits to bicy­ ices. She was virtually the lone voice in the exuberance in helping many of the poor tur11 cling. It improves heath and fitness while re­ wilderness in exposing her righteous indigna­ their lives around, but also in her resilient ducing traffic congestion, air pollution and tion over the hopelessness of countless indi­ quest to transform Miami-Dade county into· a commuting time to work each day. viduals who through the various crises of pov­ veritable caring community. The funding awarded for the bike paths erty rendered them helpless before obtaining Tonight's tribute is genuinely deserved! ·I through the Economic Development Initiative affordable quality health care. truly salute a very dear friend in behalf of a will enhance these benefits. The funds award­ Furthermore, she has been forthright and grateful community and I bid her Godspeed. · ed for the Arlington-Boston bike path will allow forceful in advocating the early recognition of construction to proceed on completing a 15- the problems of HIV disease which causes HONORING KATHLEEN MARY mile commuter and recreational bike path from AIDS . Under her tutelage the Family Health O'CONNELL Bedford to Boston. Center initiated the first screening and testing The Arlington-Boston bike path will provide programs in the community and initiated orga­ a direct connection to the Charles River and to nized educational programs for its patients HON. CHARLES B. RANGEL the existing Dudley Bike Path to downtown long before the crisis was recognized and fed­ OF NEW YORK Boston along the Watertown Branch of the eral, state and local funding became available. IN THE HOUSE OF REPRESENTATIVES Boston and Maine Railroad. Her sensitivity toward those who came to the Thursday, October 8, 1998 The funds awarded for the Minuteman Com­ Center for counseling knew no bounds, and Mr. RANGEL. Mr. Speaker, as we approach muter Bikeway will provid a rail-trail con­ she was likewise untiring in seeking the appro­ the end of the 105th Congress, I want to rec­ necting the existing Minuteman Commuter priate health care guidance for them. ognize Kathleen Mary O'Connell who served Bikeway in Cambridge with the Charles River In a September 3, 1998 Miami Times write­ on the Committee on Ways and Means staff Bikeway in Boston, leading to downtown Bos­ up, Mrs. Trice was genuinely lauded as a from May of 1991-until her recent death from ton. health care provider par excellence who ". . . cancer on August 29, 1998. It is estimated that an automobile emits 62 has shown courageous leadership, insisting Kathleen's fine reputation and professional pounds of carbon dioxide a year. It is also es- that high quality services must be provided in skills are well known to all. She was smart; October 9, 1998 EXTENSIONS OF REMARKS 25277 dynamic, charming, quick, a fabulous staffer, TREATMENT OF CHILDREN'S a speech given by Carol LaGrasse of the an excellent economist, and, most important, a DEFORMITIES ACT Property Rights Foundation of America to the good friend. Eagle Forum National Conference on Sep­ ' Our great sense of loss for Kathleen will HON. SUE W. KELLY tember 12, 1998 in Arlington, Virginia. This continue each day. We always will remember OF NEW YORK speech is one of the most insightful discus­ Kathleen fondly. IN THE HOUSE OF REPRESENTATIVES sions about the dangers of the American Her­ itage Rivers Initiative which my bill, H.R. 1842, Kathleen was a graduate of Smith College, Thursday, October 8, 1998 would terminate. I encourage my colleagues to and received her master's degree in econom­ Mrs. KELLY. Mr. Speaker, I rise today to in­ read this outstanding speech and share it with .ics from Duke University. Thereafter, she troduce the Treatment of Children's Deformi­ their constituents. worked for fifteen years for the Congressional ties Act, legislation that prohibits insurers from THE AMERICAN HERITAGE RIVERS PROGRAM­ Budget Office, and then for more than seven discriminating against children born with de­ years for the Committee on Ways and Means. A THREAT TO PRIVATE PROPERTY RIGHTS formities by denying coverage of reconstruc­ Thank you for the opportunity to discuss Kathleen cared about our Federal Govern­ tive surgery. Children should not only be pro­ President Clinton's American Heritage Riv­ ment, its programs, and its policies. Most im­ vided reconstructive surgery to improve the ers program, a new federal executive pro­ portant, Kathleen wanted to make a difference function of a part of the body, but also should gram of designating selected major rivers and she did. Kathleen was key staff to all of be given the opportunity to face the world with supposedly to preserve their natural, cul­ the tax bills pending before the Committee a normal appearance. Insurers would like for tural and historic resources. during her tenure. She provided thorough and you to think that such surgery is merely cos­ INTRODUCTION critical analyses of the economic, tax, and metic-parents of children dealing with the The American Heritage Rivers program, if budgetary implications of legislation under physical and psychological effects of such de­ successful, promises to diminish local rep­ resentative government and private property consideration. She argued for fairness and formities would beg to differ. rights. The program is also justifiably op­ policy decisions that benefitted the average Today, approximately seven percent of posed because it involves many of the same American. Kathleen was a public servant who American children are born with pediatric de­ parties and extreme preservation thinking of all of us are proud to have known. formities and congenital defects such as birth international programs such as the un-rati­ On behalf of the Members and staff of the marks, cleft lip, cleft palate, absent external fied Convention on Biological Diversity that ears and other facial deformities. A recent sur­ came out of the 1992 Rio Earth Summit. But Committee on Ways and Means, I want to say I would like to offer an experience that illus­ that we will miss you always, Kathleen. vey of the American Society of Plastic and Re­ constructive Surgeons indicated that over half trates the need not to concentrate too much on a single focus in opposing designation of the plastic surgeons surveyed have had a programs. pediatric patient who in the last two years has About two years ago, a woman telephoned TRIBUTE TO DANTE F ASCELL been denied, or experienced significant dif­ me at home one morning at 6:30 a.m. She was ficulty in obtaining, insurance coverage for upset because a land conservancy was going their surgical procedures. to acquire a tract of forest property from her HON. ILEANA ROS-LEHTINEN Some insurance companies claim that re­ town of Ellenville, N.Y. Because the constructive procedures that do not improve UNESCO Biosphere Reserve for the Catskill OF .FLORIDA function are not medically necessary and are, Mountains, which would have included her town, had recently been defeated, she was IN THE HOUSE OF REPRESENTATIVES therefore, cosmetic. America's physicians rec­ concerned about the United Nations. She ognize an important difference between recon­ thought that the property could be somehow Thursday, October 8, 1998 structive and cosmetic surgery to which this going into the hands of the United Nations. . Ms. ROS-LEHTINEN. Mr. Speaker, we wish bill calls attention. The American Medical As­ I said to her that in the long term it could be that if we don't remain in control of our good health to one of the most distinguished sociation defines cosmetic surgery as being performed to reshape normal structures of the government and matters like this it could retired members of this body in recent history, very well be that the United Nations would former Congressman Dante Fascell. body in order to improve the patient's appear­ ance and self-esteem. They define reconstruc­ be involved in owning and governing land in the Catskills, but that it was important to For 38 years, Congressman Fascell proudly tive surgery as being performed on abnormal and effectively represented the 19th Congres­ oppose the land trust acquisition of the prop­ structures of the body caused by congenital erty for other reasons. Usually when that sional District of Florida, rising to become the defects, developmental abnormalities, trauma, land trust acquires property it is for a flip to Chairman of the House Foreign Affairs Com­ infection, tumors or disease. government under a prearranged deal, I said. mittee. The Treatment of Children's Deformities Act While the land trust owns it it does not pay His deliberative, thoughtful manner brought acknowledges the importance of the AMA's real estate taxes. They may block hunters Dante great respect from his colleagues, definitions and requires that managed care and fishermen from using the land and gen­ and insurance companies do the same. The erally keep it in a way that it doesn't serve Democrats and Republicans alike. the public from the area forced to give the He left his stamp not only on domestic poli­ problems that Americans across the board are tax exemption. When the State acquires the cies, but particularly on a wide range of for­ experiencing with various managed care com­ land, the town will have little say in how the eign policy initiatives where he promoted the panies who place cost over quality care is in­ tract is managed, and the town will be end­ American values of .freedom, democracy and furiating enough, but when it affects the phys­ lessly in conflict with the State over the tax ical and emotional well-being of children, Con­ revenues that should be due on the tract. She justice. gress must be willing to put our foot down. said that a meeting about the matter was to Congressman Fascell was instrumental in Please join me in defending the needs of be held that very evening, and I suggested the passage of the landmark legislation, The children with deformities and congenital de­ that before she left for work she follow through with a discussion with the town su­ War Powers Act, that assures that Congress fects and their families by cosponsoring this has a say before our fighting men and women . pervisor and persuade him to consider these important bill. · issues. are sent to harm's way. She called the Property Rights Foundation His fight for freedom and democracy also back in a day and left the message because extended to the suffering people of Cuba. AMERICAN HERITAGE RIVERS no one was in. She said, quoting almost ver­ INITIATIVE batim, "I called the supervisor and spoke to For decades, Dante was a leading voice him. He assured me that the United Nations condemning the violation of human rights on HON. HELEN CHENOWETH was not going to acquire the land. I just the island committed by the Castro dictator­ wanted to let you know that there was noth­ ship. OF IDAHO ing to worry about." IN THE HOUSE OF REPRESENTATIVES Please remember this story, because, in All of us from South Florida who cherish his Thursday, October 8, 1998 one way or another, it illustrates a number friendship hope that soon Chairman Fascell of points. The threat from programs which I · will be back on his feet enjoying his beloved Mrs. CHENOWETH. Mr. Speaker, I would call land designations, including the grandchildren and all his family. like to enter into the CONGRESSIONAL RECORD UNESCO Biosphere Reserves and the Clinton 25278 EXTENSIONS OF REMARKS October 9, 1998 American Heritage River pronouncements, is as arguments for the American Heritage Riv­ the environmentalists will lie through their not singular, but multitudinous. We should ers program, to the ones which are at the teeth and deny them when convenient. not focus on the long-term, exotic threat to heart of our concern: the need to control pol­ I oppose the American Heritage Rivers pro7 the neglect of the practical, mundane imme­ lution, the need to impose regional planning gram for what it does on its face and for diate .and short-term. and the need to control the growth of popu­ what it obviously represents to the environ­ When you consider that it was I that ex­ lation, which is related to the perceived mentalists. The American Heritage Rivers posed the UNESCO Biosphere Reserve pro­ planning need. These re the three key areas program is one of the top two or three most grams in New York, my husband Peter who noted in the official pronouncements nebu­ important programs to those who support with the assistance of my brother at Penn lously describing the American Heritage the protection of the environment through State extract the documents from libraries Rivers program, and I think that these will federal controls. All of these organizations, from New York to Australia to understand be the areas where property rights will be from the National Audubon Society to the the Biosphere Reserve program, and I who threatened. National Trust for Historic Preservation to, was not unjustly blamed for the defeat of the PRESERVATIONIST LAND DESIGNATION the Wildlands Project oppose private prop:.. Catskill Mountains Biosphere Reserve, you erty rights. should not have difficulty accepting my as­ My field of concern is private property sertion that I have grave concerns about rights. Private property rights are funda­ PURPORTED PRACTICES international involvement through such des­ mental to the exercise of all our freedoms. When speaking publicly, advocates of the ignations. But I consider the sovereignty One of my special areas of interests is land American Heritage Rivers program present issue to be one of long-term significance and designations. Land designations may be hon­ it as having two main purposes, easing the that at the real and more short-term dangers orific, as the U .N. Biosphere Reserves pur­ way of localities in their dealings with fed­ of such designations, which I will soon be de­ port to be; pre-zoning, as in the Northern eral regulatory agencies and helping to make scribing, are the essential threat. If we can­ Forest Lands program for New York, federal grants available to localities. Vermont, New Hampshire and Maine; or not convey these dangers, we do not under­ HISTORY OF PROGRAM stand how such designations affect our free­ grandiose direct regional zoning as is the federal Columbia River Gorge Commission, In my estimation, the American Heritage dom. We will fail to either monitor them Rivers program is a substitute for the failed adequately or defeat them. Ultimately, we Lake Tahoe Commission mention by Mr. Meese last night and New York State's Adi­ generic American, or National, Areas pro­ truly will suffer, in addition, through the gram which was the subject of a three-year loss of national sovereignty. How will this rondack Park Agency which includes 3 mil­ lion acres of private land, or as were the pitched battle in Congress. This battle start­ happen? At least in part by more of the same ed in the Democratic Congress, was blocked sort of infringements on our rights, imposed original plans for the Hudson Valley Green­ by very similar methods. It will be pitiful, way. by our friends, and then went into the Re­ indeed, if the day arrives when we lose home­ I got into the problem of these designa­ publican Congress, where the national prop­ rule and representative government to a tions because of a 1990 New York study, for erty rights movement organized and the pro­ form of government which imposes control the future of the Adirondacks where I unfor­ gram was defeated. The environmentalists from beyond our Constitution and borders. tunately reside. I obtained the back-up, wanted it so badly that, behind the scenes, they offered to concede one of their hardest FINE-SOUNDING GOALS already- written legislation, which, in con­ junction with the report, called for 2,000 acre fought action areas, grazing reform, to have As you know all too well, government pro­ per house zoning, removing houses where the Heritage Areas bill pass, but the prop­ grams that can take away your rights are they were visible from highways, which were erty rights movement prevailed-in spite of often couched in very desirable terms. A fa­ to become mere travel "corridors," and the an iffy Republican Congress. At the end of miliar example is that of imposing national acquisition of 2/3 million acres of additional the 104th Congress, an Omnibus National education standards for the purpose of solv­ Parks bill passed with a number of indi­ ing the problem of school failure. The idea is government land from private property own­ ers. I discovered two other overlapping des­ vidual American or National Areas included, that we need the federal government because adding to the former ones, and the total of kids aren't reading and doing math at grade ignation programs at the same time-the Northern Forest Lands program for federal Congressional designations is now sixteen. level. This includes the Hudson in New York, The same system is in vogue for environ­ zoning over 26 million acres of land, and the Champlain-Adirondack Biosphere Reserve. where even Congressman Jerry Solomon, mental issues. Rivers are portrayed, truth­ who long blocked the program, acquiesced, fully or falsely, as badly polluted. Local cul­ South of us was the Hudson River Greenway. We did a tremendous amount of research to first under pressure from Gingrich to help a tures and historic sites are portrayed as New York Democrat Maurice Hinchey in threatened. The beauty of the countryside is ferret out the significance of the Biosphere being lost to bad land management. Lack of Reserve designation. Basically, we discov­ order to get Dems on board, and then in re­ vision and financial resources keeps local­ ered that the land areas were to be pre­ sponse to th.e local Republican machine's de­ ities from tackling region-wide issues. served, though whatever government pro­ sire for porkbarrel. This year there is an­ The federal government is seen as vision­ grams are available, by dividing them into other omnibus parks bill gestating, and more ary enough, geographically big enough and core, buffer and transition areas. Core areas, American Heritage porkbarrel Areas may be having enough expertise and resources to which are to have no permanent human habi­ designated by Congress under Republican deal effectively with these real or imagined tation, are to be connected by corridors, also leadership. problems. The federal government is seen as known in the international environmental The President announced in his 1997 State being able to solve the deterioration of the circles as " land bridges." of the Union that he would designate ten historic architecture of the downtown Main In the preservationist's literature, much of American Heritage Rivers, which surprised Street, even though federal post offices it making most peculiar reading, the prime all of us-we are not insiders. The Presi­ somehow manage to be built in startling land bridges are considered to be the riverine dent's Council on Environmental Quality modernistic contrast to colonial, Greek or corridors, the riparian strips, or, put simply, presented a first description of the program Victorian downtowns. The federal govern­ the rivers and the land along them. in the Federal Register in May 1997, and ment will save the local culture. But the fed­ Environmental thinking today is to pre­ early in September 1997 the President issued eral government condemns and tears down serve ecosystems connected by corridors. his executive order with further description. towns with houses by the hundreds for Na­ The most extreme presentation of the think­ All of the material is quite nebulous, but tional Parks. But what are the biggest ing is in the "wild lands" program, where certain details and phraseology are most re­ changes in local culture in the last couple of the core areas, sometimes trumpeted as vealing. There were also sworn testimonies centuries? To start-the automobile, the "ecosystems," are connected by corridors by the director of the President's Council on movement of the workplace from the home and gradually the cores eat up the buffer Environmental Quality, Katie McGinty, at a to the job site elsewhere, now of both hus­ areas, the corridors become wider and wider July 1997 Congressional oversight hearing band and wife. The decline of rural churches, and over the years only isolated areas of in­ and again at a September 1997 Congressional rural agriculture, the end of the one-room habited space remain within a thick grid of hearing on a bill to stop funding, when a school house, the decline of river trade in once small core areas and once narrow cor­ number of national leaders and grassroots many areas. And so on. What have these to ridors. In the end, according to the leading activists of the property rights movement do with federal policies? About all the fed­ thinkers, 90 percent of the area of the contig­ spoke. I have noticed that the sworn prom­ eral government can do is promote local mu­ uous states is to become entirely wild, with ises of compromises by Katie McGinty are seums. If it tries to direct the evolution of cities in these areas to become only hulking often meaningless and that the seeming con­ the culture by central planning, even less ruins as reminders to the ugly days when cessions to home-rule in the official publica­ rural prosperity will be the result. Remem­ civilization predominated. These outlandish tion are also of no importance to the Council ber-the big impact of these preservation pro­ ideas are funded lucratively by the Pew char­ when an important designation like that of grams is on rural, not urban, America. itable trust, the Turner Foundation and oth­ the entire length of the Hudson River, sub­ But let use move aside from the issues of ers, and so have actually gained ground, but mitted by Governor Pataki, is under consid­ culture and historic preservation, often used although these ideas are repeatedly in print, eration. In that case the promise of the need October 9, 1998 EXTENSIONS OF REMARKS 25279 for community initiation and support was for the entire township, extending several · chose that location because he could simul­ circumvented and the designation actually miles from the river. This planning was pro­ taneously stump in Raleigh for Democrat kept secret as to the areas to be included so moted by the New York State Department of John Edwards who is running against one of, that the touchier regions wouldn't know State to implement the Coastal Zone Man­ Clinton's most outspoken opponents, North enough to protest. agement Act. Extremely capable, civic-mind­ Carolina Senator Lauch Faircloth. I was invited to speak at the September ed people had to work hard to stave off this The first ten rivers are the Hudson, the 1997 Congressional hearing: You are welcome basically federal program disguised by the Mississippi from St. Louis north, the Con­ to take copies of my presentation, which was trappings of various state and regional agen­ necticut, Rio Grande in Texas, Potomac, available on one of the information tables. cies. Grants also promote the full com­ New River in three States, Detroit River in The hearing was on Representative Helen plement of greenway as aspects, namely Michigan, Hanalei in Hawaii, St. John's in Chenoweth's important bill H.R. 1832, to trails and land acquisition. Land regulation Florida, and the Willamette in Oregon. deny the use of any federal funds for the will pressure people into selling out. Movement has already started toward adding American Heritage Rivers program. There is COMPUTER MONITORING the rest of the Mississippi, the Susquehanna a national drive to add to the current 52 The program description promulgated by and Lackawanna watershed and certain riv­ sponsors in the House for Representative the Council on Environmental Quality her­ ers in Massachusetts. Chenoweth's bill. Copies of the bill are on alds the ability to instantaneously update a The Hudson, Connecticut and northern the table. Please take a copy and do your publicly available, computerized "state of Mississippi Rivers could potentially make up best to bring your Representative on board the river" monitoring of individual river pol­ so much area that it's hard to imagine that as a co-sponsor. lution, planning and population. In my opin­ selection of grants would be narrowed. It is The Mountain States Legal Foundation ion, this federal computer monitoring will be impossible to know how much area on each also has a lawsuit constitutionally chal­ by geographic information systems, or GIS, side of a river will be included. When I led· a lenging the American Heritage Rivers pro­ or digitalized data converted on a coordinate contingent of national grassroots property gram-on Representative Chenoweth's be­ basis to computer mapping of overlays of rights leaders to interview Katie McGinty in half. By using an executive order to establish data. Four years ago I wrote a report expos­ June 1997, and we asked her this question, the program, Clinton has usurped the legisla­ ing the Adirondack Park Agency's GIS sys­ she made the odd statement that a water­ tive power of Congress, which is a violation tem of about 30 databases from local assess­ shed varies in its definition. Since a water­ of separation of powers. The case is before ment records to satellite space imagery. The shed is a scientific term defining geography, the D.C. Circuit Court of Appeals. surveillance capacity is quite serious. Just this was surprising. But her non-answer did EFFECTIVE MEANS TO DENY PRIVATE PROPERTY this year, it came out in the Wall Street reveal that the designation could ·be wider RIGHTS Journal that building departments in the than the usual county width for Heritage U.S. are contracting with the Russian space areas. The American Heritage Rivers program I have spent about nine years exposing brings grants, computer monitoring and a agency to obtain photos for enforcement pur­ poses. I think that this computer monitoring such designations, including those involving juggernaut of federal agencies together with the UN. This one has the noxious character­ the potential to effectively increase govern­ is also geared to so-called citizen enforce­ ment suits, for both pollution and zoning en­ istics typical of the thinking of the inter­ ment control over private property and nationalist crowd who not only think of thereby deny private property rights. forcement. People's lives have been de­ stroyed by such suits. Logging in some na­ local government as their tool but also think GRANTS AND ZONING tional forests has come to a near halt. This that way of state and the U.S. government. Using grants as the camel's nose under the year, citizen suit activists have begun bring­ These are practical matters affecting peo­ tent or as the direct incentive, state and fed­ ing proceedings to stop all land activity in ple today, however. To return to my New eral government agencies will effectuate the entire watersheds because the rivers fed by York State example, nobody is going back to enactment of stricter local, regional or these watersheds are not up to federal stand­ Congress to ask to repeal the 1972 Coastal state-levels zoning. Keep in mind that the ards. Zone Management Act because in 1998 a .lit­ preservationists think that it is just as good tle town of Coxsackie in New York is worried JUGGERNAUT OF AGENCIES if locals carry the gun for state or federal about the LWRP zoning for the entire town. level elite planning. Basically, this type of The federal agencies which are part of the Five, ten or twenty years from now the lay­ zoning is directed to the gentrification of the American Heritage Rivers program are the ers of bureaucracy implementing facets of countryside, and trying to preserve a beau­ Departments of Agriculture (which includes the American Heritage Rivers program will tiful, largely imagined remembrance of the the National Forest Service), Defense (which become unfathomable. Law enforcement is countryside, with no smells, no independ­ includes the Army Corps of Engineers), Jus­ confusing enough today. Federal, State, and ently practiced home industry, such as the tice, Interior (which includes the National local law overlap to regulate wetlands, for blacksmiths of the past-the modern coun­ Park Service and the Fish and Wildlife Serv­ instance. terparts ranging from machine shops to junk ice), Energy, Housing and Urban Develop­ During the founding period of this nation, yards and gas stations, and no mines or man­ ment, Commerce, Transportation, Environ­ the founders did not want amorphous layers ufacturers as once flourished. They seek to mental Protection Agency, National Endow­ of government whose responsibility for par­ enact a rural landscape of bucolic agri­ ment for the Humanities, National Endow­ ticular impacts was disguised or unclear. culture and forest extending beyond strictly ment for the Arts, the Advisory Committee They decided that the federal government bordered hamlets. One could spend the time on Historic Preservation, and the President's should rule directly where federal powers ap­ of an entire conference such as this Eagle Council on Environmental Quality. The plied, rather than coerce the states to pass Forum and begin to touch on the ways that Corps of Engineers is evolving into the lead laws. Today, people have trouble knowing preservation zoning carried out on either a agency, for some reason. I have noticed that the source of rules regulating their lives. I state or local level has destroyed businesses, the Department of Defense is heading and can describe how federal flood insurance law ruined fam111es and bankrupted innocent providing headquarters for a Pennsylvania is carried down through the federal govern­ people, even sent them to jail. Heritage area program for logging heritage. ment to the state to the local enforcer, but Just last month I spent a weekend review­ These thirteen agencies form the American can one of 100 citizens do this? ing the pro se (without a lawyer) petition to Heritage Rivers Interagency Committee. I The courts have not held that federal in­ the U.S. Supreme Court of a bankrupt Mas­ think that these agencies, especially the centives to pass state or local laws are un­ sachusetts dairy farmer. He had lost his $25 U.S. Fish and Wildlife Service, the National constitutional, but I believe that these in­ million farm and was living with his aged Park Service, the EPA, and the Corps of En­ centives result in a wrongful blurring of re­ wife in small rented quarters. He was des­ gineers, will become a juggernaut of enforce­ sponsibility. I think that the same lines of perately hoping to be heard by a nation's ment of federal regulations and that, with reasoning that argue against the federal gov­ highest court without the help of lawyers, their state contacts, will even enable state ernment compelling states to regulate apply for which he had absolutely no more money, environmental enforcement to be more effec­ to the federal government offering or with­ all because of zoning enforced by a local tive and harsh. holding financial aid to persuade States to preservationists group. We have many more THE 1998 DESIGNATIONS regulate. such heartbreaking examples On July 30, following the recommendations In 1992 when New York blocked the United A good example of how a voluntary federal of an advisory council of typical participants States government from forcing the State to land-use program working in conjunction such as the key environmental groups and adopt its own nuclear waste, the U.S. Su­ with grants brings in excessive local zoning political figures from particular heritage preme Court said, "* * * where a Federal is the 1972 federal Coastal Zone Management areas, President Clinton made the first ten Government compel states to regulate, the Act. In 1996 the town of Coxsackie, New designations at West Jefferson in Ashe Coun­ accountability of both state and federal offi­ York, defeated, a so-called Local Waterfront ty on the New River in Virginia, near the cials is diminished." Rehabilitation Plan, or LWRP, which was borders of West Virginia and Kentucky. It People who have the frustration of dealing basically strict preservation-oriented zoning was widely noted that President Clinton with this shuffling of responsib111ty when 25280 EXTENSIONS OF REMARKS October 9, 1998 federal incentive programs are carried out at For nine years, Serbia has repressed arid TRIBUTE TO THE HONORABLE · the local level do indeed currently experi­ harassed the people of Kosova. HENRY HYDE ·· ence lack of accountability. Leaders of the Western world were continu­ SUMMARY ously warned about the distressful situation in HON. SONNY CALLAHAN In opposing the American Heritage Rivers Kosova. OF ALABAMA •, · program, we have to fight on the basis of an But the Western world did not heed those undefined program. We can argue against the IN THE HOUSE OF REPRESENTATIVES warnings. American Heritage Rivers program Thursday, October 8, 1998 (1) on the basis that the reasons offered for In fact, we are still sitting on the sidelines, the program-grants and alleviation of regu­ while we debate what to do. Mr. CALLAHAN. Mr. Speaker, I rise today tb latory problems-are not a logical expla­ This indecisive behavior is allowing share a recent article by syndicated columnist nation for it; Slobodan Milosevic to carry out his campaign James Pinkerton that pays tribute to the Hf?~ ~ (2) on the basis of experience with other of ethnic cleansing, violating the human rights orable Chairman of our Judiciary Committe~. pre-zoning programs and seeing how pre-zon­ of the people of Kosova. HENRY HYDE. , ing designations pan out; The article eloquently points out that HenrY (3) on the basis of who the program's advo­ The West must act, and if the West does cates are and what they have been broadly not act, the United States must act. We can­ is a man of great integrity and unmato111ed seeking; not wait. character. Not only has he served us well · in (4) on the basis of the involved agencies We must remember the commitments that the House, but also bravely served our coun~ and how they have already negatively af­ have been made to protect ethnic Albanians in try in combat. I respectfully request that ,the, fected private property rights and local rep­ Kosova. article be placed in the RECORD SO that we resentative government and; We must not stray away from those commit­ can all catch a glimpse into Henry's great con ~ (5) and on the basis of the description of tributions and selfless work for this country. , .. the program. ments now, even though it means making dif­ ficult decisions. [From the Los Angeles Times] There is no American Heritage Rivers pro­ I gram description which says in the regu­ We brought peace to the people of Bosnia DON'T ATTACK HYDE FOR INDISCRETIONS OF latory language normally promulgated that only after we showed Milosevic that his brute DECADES AGO, HE'S PAID Hrs DUES party A writes the grant terms, party B finds force would be countered with swift and deci­ (By James Pinkerton) the grants for interested entities, and party sive military action. C sets the terms for modifying local laws and For two centuries, Henry Hyde said Mon­ effectuating certain programs in order to get Now is the time to make sure he knows he day, "Americans have undergone the stress the grants or the regulatory relief. faces the same consequences if the violence of preserving their freedom." The chairman On another note, there is certainly no in Kosova is not put to a stop. of the House Judiciary Committee, born !in party D who holds hearings and lays out the The people of Kosova are being brutalized, 1924, has been alive for a third of that time; economic implications of the specifics of the and we must not allow it to continue. yet most Americans probably didn't know 6f program under the requirements of the Na­ him until recently. tional Environmental Policy Act, NEPA. So who is Henry Hyde? For most of hts"23 Published descriptions of the program do years as a congressman from Illinois, he has been known for his opposition to abortion: not spell out how the environmental preser­ HONORING MR. LARRY J. CRISMON vation groups plan to utilize the computer­ Yet he will also be remembered now as the FOR HIS 13TH PASTORAL ANNI­ "family values" conservative who had a ized state of the river information. VERSARY OF BRIGHT TEMPLE There is nothing in writing that spells out four-year affair with a woman other than his how agencies will be more effective. It is CHURCH OF GOD IN SHELBY­ wife. Hyde acknowledged the relationship, supposedly just better internal management. VILLE, TN but the less-than-wisely referred to his 40- And other agencies say that GIS is sup­ something fling as a "youthful indiscretion." posedly non-threatening. HON. BOB CLEMENT But, if Hyde thinks 40 is young, that might In opposing the program, as we did in op­ be because he grew up too soon. Because, if posing the Congressional program, we argue OF TENNESSEE what he did three decades ago is of interest, most simply that the American Heritage IN THE HOUSE OF REPRESENTATIVES what he did five decades ago, when his coun­ Rivers program is a very large scale attempt try needed him, should be remembered as to impose national zoning. It is a part of a Thursday, October 8, 1998 well. long pattern of unsuccessful and successful Mr. CLEMENT. Mr. Speaker, I rise today in Hyde joined the Navy at 18, foregoing a steps to impose federal control of land-use. honor of Mr. Larry J. Crismon and his thirteen basketball scholarship to Georgetown Uni­ The 1970's Jackson-Udall Congressional ef­ versity. For young men such as Hyde, there years of service as the pastor of Bright Tem­ was no choice after Pearl Harbor. "It was our fort at national zoning was defeated, but ple Church of God in Shelbyville, Tennessee. many subsequent programs with great effec­ turn, we did our duty," he said in a recent tiveness at such federal control of land-use On Sunday, October 11 , 1998 the con­ interview. are in place-wetlands and endangered spe­ gregation of Bright Temple will come together Commissioned as an ensign in 1944, he com­ cies protection being the most far-reaching. to honor Pastor Crismon and his wife Audrey manded an LCT (landing craft, tank). "A for their dedication to the church and their floating bed pan," he called it. His baptism service unto God. I would like to join the con­ by fire came on Jan. 9, 1945, when Americans went ashore at Lingayen Gulf, in the PhH­ STOP THE VIOLENCE IN KOSOVA gregation in its celebration of the long and dis­ ippines. · . i tinguished career of Pastor Crismon. Hyde remembers that operation more as HON. DAVID E. BONIOR Pastor Crismon's service extends beyond hard work than as heroism: "Day and night, OF MICHIGAN the walls of his church. He has been active in loading and off-loading." The hardest part ·of community affairs by serving on the boards of his job, he added, was finding his mother IN THE HOUSE OF REPRESENTATIVES the Red Cross, United Way, Ministerial Alli­ ship out in the bay at night: "We all had to Thursday, October 8, 1998 ance, Vocational Advisory Committee, Fami­ keep our lights off," Why? "Kamikazes," he lies First, Child Development Center, Bedford answered simply. Indeed about 150 Japanese Mr. BONIOR. Mr. Speaker, for the past two suicide aircraft hurled themselves at U.S. hundred and fifteen days, the people of Countains United For a Better Tomorrow, ships during the Lingayen landing, sinking Kosova have endured unfathomable brutality South Tennessee Counseling Association, 17 vessels and damaging 50. and suffering at the hands of Serbian-Yugo­ Tennessee Eastern Second Jurisdiction, and One who also remembers the kamikaze at., slavian authorities. Auxiliaries in Ministry. There is no question tacks at Lingayen is Bob Stump, now a Re­ Over four hundred thousand ethnic Alba­ that Pastor Crismon's tireless work has made publican congressman from Arizona. As a nians were forced to leave their homes, and his community a better place for all of its peo­ teenager, he was a medic abroad the carrier more than seven thousand were murdered. ple. Tulagi, "You'd heard the five (anti-aircraft guns) firing and you'd know they were com­ Tragically, these atrocities are still hap­ I congratulate Pastor Crismon on his ac­ ing," Stump remembered recently. "Then pening. complishments and wish him many more you'd hear the 40 millimeters firing and Homes and villages are being burned, and years of providing spiritual guidance and com­ you'd know they were close. Then you'd hear innocent civilians, including women and chil­ munity leadership to the people of Shelbyville, the 20 millimeters firing and you'd know dren, are being slaughtered. Tennessee. they were on top of you." Total U.S. Navy October 9, 1998 EXTENSIONS OF REMARKS 25281 fatalities for the Philippines campaign tion's health. These centers train each new gible and indigent patients, will be able to amounted to 4,336. generation of physicians, nurses and allied count these patients when they apply for dis­ Despite spending four years of his young health professionals, conduct the research and proportionate share payments. In addition, life in the Navy, Hyde graduated from Georgetown University at 23; he was eager, clinical trials that lead to · advances in medi­ these payments will be distributed uniformly like the rest of the GI generation, to get on cine, including new treatments and cures for nationwide, without regard to hospital size or with his life. Yet he gets a reminder of the disease, and care for the most medically com­ location. Rural public hospitals, in particular, war every time he flies home and lands at plex patients. To place their contributions in will benefit from this provision. O'Hare International Airport, which lies perspective, academic medical centers con­ Finally, because graduate medical education within his suburban Chicago district. It is stitute only 2 percent of our Nation's non-Fed­ encompasses the training of other health pro­ named for Edward "Butch" O'Hare, a Navy eral hospital beds, yet they conduct 42% of all fessionals, this bill provides for $300 million pilot in the Pacific who earned the Medal of of the health research and development in the yearly of the Medicare savings to support Honor in 1942 and was killed the next year. He was 29. " Most"' pedple have no idea what United States, provide 33% of all trauma units graduate training programs for nurses and he did." Hyde observed, " which is a shame." and 31% of all AIDS units. Academic medical other allied health professionals. These funds A half-century later, some are furious that centers also treat a disproportionate share of are in addition to the current support Medicare Hyde is investigating . Bill Clinton, who is the Nation's indigent patients. provides for the nation's diploma nursing also a Georgetown alumnus-although one To pay for training the Nation's health pro­ schools. who never let military service interrupt his fessionals, our academic medical centers must The All-Payer Graduate Medical Education academic career,, Salon the online publica­ rely on the Medicare program. But Medicare's Act creates a fair system for the support of tion, first revealed Hyde's long-ago affair. contribution does not fully cover the costs of graduate medical education-fair in the dis­ Mustering up the sort of faux courage appro­ priate for a faux magazine, the editors de­ residents' salaries, and more importantly, this tribution of costs to all payers of medical care, clared that they were, in pushing the story, funding system fails to recognize that graduate fair in the allocation of payments to hospitals. "fighting fire with fire." medical education benefits all segments of so­ Everyone benefits from advances in medical Fire? Hyde, Stump and 12 million more ciety, not just Medicare beneficiaries. At a time research and well-trained health professionals. were touched by fire during World War II when Congress is constantly reviewing and re­ Life expectancy at birth has increased from 68 After surviving the Big One. Hyde regards vising the Medicare program to ensure that years in 1950 to 76 years today. Medical ad­ the word-warriors of Washington as unpleas­ the Trust Fund can remain solvent for future vances have dramatically improved the quality ant, perhaps even stressful, but not particu­ larly intimidating. generations, GME costs are threatening to of life for millions of Americans. Because of Hyde's enemies will no doubt continue to break the bank. our academic medical centers, we are in the attack, while friends such as Stump, who did The All-Payer Graduate Medical Education midst of new era of biotechnology that will ex­ not meet his fellow Pacific theater vet until Act will distribute the expense of graduate tend the advances of medicine beyond imagi­ the 1970s, will continue to admire. "Henry is medical education more fairly by establishing nation, advances that will prevent disease and probably the most respected and brightest a Trust funded by a 1% fee on the health care disability, ext~nd life, and ultimately lower person here," Stump.said. premiums. Teaching hospitals will receive ap­ health care costs. But Hyde's reputation will surely survive because it is rooted in service to the nation proximately two-thirds of the revenue from the Although few days remain in the 105th Con­ that began before the incumbent president Trust, while the remaining third, approximately gress, the valuable services . performed by was even born. Asked to sum up his current $1 billion yearly, will be used to reduce Medi­ America's academic medical centers are mission, Hyde said, "We have an obligation care's contribution. The current formula for di­ never-ending. I am introducing this bill today to make America the kind of country those rect graduate medical education payments is for consideration by Congress, the Bipartisan guys died for." From most politicians, such based on cost reports generated more than 15 Commission on the Future of Medicare, and talk is cheap. But from Hyde, it is precious, years ago, and it unfairly rewards some hos­ the numerous provider and patient commu­ because it was paid for in for in the oft-for­ pitals and penalizes others. This bill replaces nities who will be affected by its provisions. gotten currencies of duty, honor and sac­ rifice. the current formula with a fair, national system When the 106th Congress convenes early for direct graduate medical education pay­ next year, I will reintroduce the bill. ments based on actual resident wages. I urge my colleagues to join me in protecting INTRODUCTION OF THE ALL- Critics of indirect graduate medical edu­ America's academic medical centers· and the PAYER GRADUATE MEDICAL cation payments have complained that hos­ future of our physician workforce, the EDUCATION ACT pitals are not required to account for their use wellsprings of these advances, by cospon­ of these funds. The All-Payer Graduate Med­ soring the All-Payer Graduate Medical Edu­ L. ical Education Act requires hospitals to report cation Act. HON. BENJAMIN CARDIN annually on their contributions to improve pa­ OF MARYLAND tient care, education, clinical research, and IN THE HOUSE OF REPRESENTATIVES community services. The formula for indirect HONORING DR. JUAN ANDRADE, Thursday, October 8, 1998 graduate medical education payments will be JR. Mr. CARDIN. Mr. Speaker, I rise today to in­ changed to more accurately reflect MedPAC's troduce the All-Payer Graduate Medical Edu­ estimates of true indirect costs. HON. PETER J. VISCLOSKY cation Act, legislation that I have authored to My bill also addresses the supply of physi­ OF INDIANA improve the funding of America's teaching cians in this country. Nearly every commission IN THE HOUSE OF REPRESENTATIVES hospitals and to ease the burden on the Medi­ studying the physician workforce has rec­ Thursday, October 8, 1998 care Trust Fund. In introducing this legislation,· ommended reducing the number of first-year I do not seek to preempt the important work residencies to 110% of American medical Mr. VISCLOSKY. Mr. Speaker, it is with of the National Bipartisan Commission on the school graduates. This bill directs the Sec­ great pleasure that I congratulate one of Future of Medicare, but rather, to present a retary of HHS, working with the medical com­ Northwest Indiana's most distinguished citi­ concrete proposal for consideration by Con­ munity, to develop and implement a plan to zens. Dr. Juan Andrade, Jr., of Griffith, Indi­ gress. accomplish this goal within five years. An ade­ ana, was recently selected to receive the 1998 We have recently learned that medical care quate supply of medical providers is vital to Hispanic Magazine's Lifetime Achievement costs will double in the next 1O years. Health maintaining America's health and containing Award. The award was presented to Dr. care budgets, including Medicare, will be our health care costs. Andrade in San Francisco on August 25, caught in the vise of increasing costs and lim­ Medicare disproportionate share payments 1998. Presented by Bank One, this award is ited resources. We must try to restrain the are particularly important to our safety-net in recognition of Dr. Andrade's career as a growth of Medicare spending, while protecting hospitals. Many of these hospitals, which treat community organizer, national leader, tele­ our teaching hospitals that rely on Medicare the indigent, are in dire financial straits. This vision commentator, motivational speaker, and and Medicaid as major sources of funding for bill reallocates disproportionate share pay­ co-founder of the United States Hispanic graduate medical education. ments, at no cost to the federal budget, to Leadership Institute (USHLI). America's 125 academic medical centers hospitals that carry the greatest burden of Born in Brownwood, Texas, Dr. Andrade and their affiliated hospitals are vital to the Na- poor patients. Hospitals that treat Medicaid-eli- began his lifelong quest to empower Hispanic 25282 EXTENSIONS OF REMARKS October 9, 1998 Americans while still a youth. He credits his good hands as we enter the twenty-first cen­ geles City Housing Authority Police Depart­ mother, Julia Andrade, for instilling in him a tury. ment, after 26 years of dedicated service. , sense of humor and a strong work ethic. Dr. In 1957, Pete graduated from Cathedral Andrade utilized both while working through High School. After graduation, he joined th~ twelve years of public school and five years of RECOGNIZING THE WORLD WAR II United States Navy where he served on tl;ie college. Since beginning his distinguished ca­ VETERANS OF "IVORY SOAP" USS Fortified, the USS Wabash and the USS reer over thirty years ago, Dr. Andrade has Esteem. In the Navy, he reached the rank. qt made headlines as the first Latino in the na­ HON. TONY P. HALL Fireman First Class. Pete received an Ass0- tion to be arrested for using his Spanish-lan­ OF OHIO ciate of Arts Degree from Rio Hondo Commu­ guage skills to teach high school civics, the IN THE HOUSE OF REPRESENTATIVES nity College, and in March 1980, he graduated first Latino State Director for nonpartisan voter from the Golden West Policy Academy. registration in Texas, the youngest Chair­ Thursday, October 8, 1998 Pete began his law enforcement career wHh person of a Community Action Agency in Mr. HALL of Ohio. Mr. Speaker, I rise today the Baldwin Park Police Department as a Re~ Texas, and the only Latino political commen­ to recognize some 5,000 World War II vet­ serve Police Officer in 1960. In 1964, ·. I:\~ tator on an English-language television station erans of "Ivory Soap," a most unusual team of transferred to the Montebello Police Dep~: (WLS-TV, ABC's Chicago affiliate) in the na­ Army Air Forces, Navy Armed Guards, and ci­ ment where he served as a Reserve Poli<,:;~ tion for six years. In addition, Dr. Andrade was vilian Merchant Marines who have gone un­ Sergeant. After his five years with the an influential organizer of the United States recognized for 53 years for their contributions Montebello Police Department, in 1969 Pete Hispanic Leadership Conference (USHLC), in bringing peace to the Pacific war. During transferred to the United States MarshaJs now in its sixteenth year. 1944 and 1945, they served aboard 24 spe­ Service. . , ": Indeed, through his outreach, political exper­ cially modified Liberty and auxiliary ships that In 1971 , Pete joined the Los Angeles City tise, and motivational speaking, Dr. Andrade operated as floating aircraft depot repair and Housing Authority Police Department. As a po;1 has influenced a whole generation of young maintenance shops. These supported our lice officer with the Housing Authority, :.he Hispanic American leaders. To further their bomber and fighter forces on the front line of served in several assignments including patrol education and opportunities, the "Juan battle during the pacific island hopping cam­ and footbeat. On one occasion, while Rete Andrade Scholarship for Young Hispanic paigns. was handling a routine call, he was ambushed Leaders" was established in recognition of his Hundreds of B-29 bombers and P-51 fight­ and sustained severe gun shot wounds which tireless efforts to motivate and train young His­ ers returned to battle to fight again because of caused life-long injuries to his back. After re.1 panic leaders. Since 1994, this fund has these depot and maintenance -ships. This is covering from his injuries, Pete continue<;i awarded over one hundred thousand dollars in another one of the never-told stories out of the working for the Housing Authority Police De-; scholarships to young Hispanic leaders. More­ dust vaults of declassified secret records. This partment. In 1983, Pete was promoted to the over, Dr. Andrade has not only influenced story was uncovered by one of the ship's crew rank of Sergeant and in March of 1994 he was many of our nation's future leaders, he has in­ seeking his comrades for a reunion. Only in promoted to Lieutenant. . fluenced and helped mold many of today's the last few years have these documents been Pete's career as a public servant is higJ:l­ business, civic, and national leaders. His ex­ released to the public. lighted by over 20 years of service as an emplary efforts have been acknowledged by The project's code word was "Ivory Soap," elected official. He served on the El Rancho many; he has been named the "Chicagoan of appropriately selected, because "it floats." Unified School District Board of Education the Year" by the Chicago Sun-Times, one of This effort was so important to our air war in from 1976 to 1993. In 1997, he was elected to the "100 Most Influential Hispanics in Amer­ the Pacific that the Joint Chiefs of Staff were the Pico Rivera City Council. He is also a ica" three times by the Hispanic Business directly involved in its development. Because member of the American Legion and the Opti­ Magazine, and a "Distinguished Alumni" by of the secret classification and the dispersal mist Club. :. Howard Payne University. Though Dr. among the islands of these ships, few of the In his retirement, Pete will spend his time Andrade has been honored for his lifetime veterans ever knew of the extent and effec­ with his wife Socorro, his children and grand­ achievement, he intends to continue his en­ tiveness of their tasks. children, including his 2 year old grand-daugh­ deavors. In addition, he plans to spend time Now that the word is out, a group of vet­ ter, Whisper, who currently lives with hir:n - ii') with his wife, Maria Elenia, and their four chil­ erans from the ships have begun a search to Pico Rivera, California. · . . : dren and two grandchildren. find their shipmates so they may hold com­ Mr. Speaker, on June 17, 1998, Pete retiJed As President John F. Kennedy said, '~It is bined reunions to share their pride in being from the Los Angeles City Housing Authority time for a new generation of leadership, to part of this special project. Police Department. I ask my colleagues to joir, cope with new problems and new opportuni­ A combined reunion began today in Wash­ me in saluting Elpidio "Pete" Ramirez for his ties. For there is a new world to be won ." His ington, D.C., and will run until October 11, loyal and dedicated service to the Los Angel~s words are as poignant now as they were on 1998. The surviving veterans' ages run from City Housing Authority and the residents of ttie that Fourth of July in 1960. As our country their 70s to their 90s. I extend my best wishes City of Los Angeles and for his continued heads into the twenty-first century, we must and salute our heroes for their contributions commitment to outstanding public service. address many new problems and issues. Dr. and service to this great country. May the re­ Andrade is preparing tomorrow's leaders to union brighten their spirits and bring together TRIBUTE TO BRUNO NOWICKI deal with these multi-faceted problems and their comrades to renew old frienships. issues. Mr. Speaker, I ask that you and my other HON. SANDER M. LEVIN distinguished colleagues join me in congratu­ A TRIBUTE TO LT. ELPIDIO OF MICHIGAN lating Dr. Juan Andrade, Jr. for his selection " PETE" RAMIREZ ON THE OCCA­ IN THE HOUSE OF REPRESENTATIVES as the 1998 recipient of Hispanic Magazine's SION OF HIS RETIREMENT Thursday, October 8, 1998 Lifetime Achievement Award. Dr. Andrade's AFTER 26 YEARS OF SERVICE TO Mr. LEVIN. Mr. Speaker, I rise to honor an efforts to train a new generation of leaders to THE LOS ANGELES CITY HOUS­ outstanding gentleman, Mr. Bruno Nowicki, solve our future problems and create new op­ ING AUTHORITY POLICE DE­ ninety years young, on the occasion of his portunities for our nation is the work of a true PARTMENT Testimonial Banquet on October 11, 1998 at visionary. His vision and self-sacrificing labors the Polish Century Club in Detroit. to accomplish his goals have positively HON. F.STEBAN EDWARD TORRF.S Bruno Nowicki was born in Poland and changed our country for the better. From Indi­ OF CALIFORNIA came to the United States in 1926 as an ex­ ana's First Congressional District to Wash­ IN THE HOUSE OF REPRESENTATIVES change student at Carnegie Tech in Pitts­ ington, D.C., we have seen the Hispanization burgh. After one semester, he began to work of America. I am confident that with dedicated, Thursday, October 8, 1998 as a reporter for the Polish newspaper, and upstanding citizens like Dr. Andrade helping Mr. TORRES. Mr. Speaker, I rise today to subsequently moved to Chicago and then to our yourig people mature into adult leaders, recognize Lieutenant Elpidio "Pete" Ramirez Detroit where he started the Hamtramck Busi­ the future of the United States is safe and in on the occasion of his retirement from Los An- ness World in 1931. October 9, 1998 EXTENSIONS OF REMARKS 25283 He changed course in 1936 and opened a freedom of expression and an insult to her is retiring after 24 years of service in this role, monument business in the metropolitan Detroit supporters worldwide. the culmination of a long history of public serv­ area. Bruno sold not just cemetery memorials, This time, the Turkish authorities charge ice to the community of South Florida. his work included designing and building that Leyla Zana broke the law in a letter she Frank Veltri's private sector career began in monuments that celebrate Poland. After fifty wrote to the People Democracy Party years in the monument business, Bruno "re­ (HADEP) to urge them to be forthcoming, dili­ 1932 at the age of 20. He was auditor for the tired" to return to the Polish newspaper he left gent, decisive and to push for individual and Dinkier Hotel System before moving onto a 50 years earlier and of which he later became collective freedoms. The fact that Leyla Zana more daring pursuit in 1942. It was in that a partial owner. This year, he was honored by has been charged with inciting racial hatred year that Frank became a flight instructor and the U.S. Conference of Polish Newspapers as reveals that Turkey is a racist state and con­ flight commander for the RAF British Flight "the oldest Polish newspaperman working in tinues to deny the Kurds a voice in the state. Training School Number 5 at Clewiston, FL. the United States."'' ·: As my colleagues know, Leyla Zana is the Frank settled into a niche following his stint as . Actively involved in communities in both Po­ first Kurdish woman every elected to the Turk­ a flight instructor and became quite involved at land and the United States, Bruno served on ish parliament. She won her office with more the First Federal Savings and Loan Associa­ the Board of Governors :'of the Detroit Public than 84 percent of the vote in her district and tion of Miami, Beginning work at this associa­ brought the Turkish Grand National Assembly Library, a founder of the Polish Riverfront Fes­ tion in 1945, his rise in stature is quite aston­ a keen interest for human rights and a convic­ tival whose contributions benefit children's tion that the Turkish war against the Kurds ishing. Starting as a teller, assistant auditor, hospitals in Poland, and on the Board of the must come to an end. Last year, 153 Mem­ and chief accountant at the Association in Polish Daily News. Bruno is a member of the bers of this body joined together and signed a Miami, Frank ultimately rose to the positions of .Polish Century Club, the American-Polish letter to President Bill Clinton urging him to Comptroller, Vice President, and Executive Century Club, the Smith Old Timers, and the raise Leyla Zana's case with the Turkish au­ Vice President-Treasurer of the First Federal Monday night Lotto Club. thorities and seek her immediate and uncondi­ Savings and Loan Association of Broward An avid chess player, Bruno still participates tional release from prison. County, FL. in tournaments around the world where he Leyla Zana was kept in custody from March Broward County has profited immensely "wins his age division." 5, 1994, until December 7, 1994 without a from the dedication and ·hard work of Frank Bruno believes that "no one has created a conviction. On December 8, 1994, the Ankara Veltri. As far back as 1953, when Frank ini­ better way to perpetuate history and deeds State Security Court sentenced her and five than by monuments which endure and remind other Kurdish parliamentarians to various tially joined the Fort Lauderdale Chamber of future generations of the contributions of the years in prison. Leyla Zana was accused of Commerce, he became involved in all types of past." A designer, not a sculptor, he set out to making a treasonous speech in Washington, civic matters. He has been the Chief of the work with others to design and build monu­ DC., other speeches elsewhere, and wearing Plantation Volunteer Fire Department as well ments that would remind future generations of a scarf that bore the Kurdish colors of green, as the Director of the Fort Lauderdale Chapter the American-Polish culture and heritage. His red, and yellow. This year marks her fifth year of the American Red Cross. Additionally, he first monument is the Veteran's War Memorial, behind the bars. has been a member of the Plantation Cham­ dedicated in Hamtramck in 1950, listing the Today, in Turkish Kurdistan, 40,000 people ber of Commerce, serving as both its Director names of the servicemen and women who have lost their lives. More than 3,000 Kurdish and President. Lastly, Frank was elected to died in World War II and Korea. Additional villages have been destroyed. Over 3 million serve on the Plantation Council, a prede­ names of those who fell in the Vietnam War residents have become destitute refugees. De­ cessor to his Mayoral election in 1975. Since were subsequently added. spite several unilateral cease-fires by the 1975, he has been reelected for 5 consecutive Kurdish side, the Turkish army continues to Bruno's other monuments depicting the arts, four-year terms. This is truly a testament to science and religion can be seen in the Polish pursue policies of hatred, torture and murder, the quality of his work for the people of South room of the Ethnic Conference and Study and genocide of the Kurdish people. Florida. Center at Wayne State University, Detroit Mr. Speaker, as I finish my sixth year in of­ Main Library, Hamtramck Public Library, Alli­ fice as a Member of the United States Con­ The list of Committees on which Frank has ance College in Pennsylvania, lnterlochen gress, I find it outrageous that the government served is also quite extensive. He has been a Music School and Academy, Detroit Science of Turkey, after so much outcry, after so much Member of the Broward County Metropolitan Center, and of ,course, his statue in Ham­ petitioning and after so much publicity would Planning Organization since 1977. In the early tramck of Pope John Paul II commemorating dare to punish her again incensing her friends 1980's, Frank was a member of the Plantation the first Polish Pope. and supporters all over the world. There is Health Facilities Authority and the Solid Waste Mr. Speaker, I ask my colleagues to join me only one word that comes to my mind and it Advisory Committee. In addition, he has been in extending our best wishes to this remark­ is, fear, Mr. Speaker. The government of Tur­ a Board Member of the National Conference key is afraid of Leyla Zana and it thinks it can able man and close friend for good health and of Christians and Jews. Mr. Speaker, I am lock her away forever. That was the story of happiness as he continues his work to ensure simply one person who has chosen to formally that Poland's's people and its history will live those who locked Nelson Mandela. The long­ est nights, Mr. Speaker, give way to bright recognize Frank's hard work, but by no means on and the role of Polish-Americans fully un­ am I the first to do so. Governor Graham ap­ derstood and acknowledged in the United dawns. Mr. Mandela is a public servant now. pointed Frank to be a Member of the Crime States of America. And the world is grateful. People like Leyla Zana who utter the words 2000 Conference in 1982: this is surely an ex­ of reconciliation and accommodation need to ample of the high level of dedication that ANKARA'S DECISION TO SENTENCE be embraced, validated, and freed. I urge the Mayor Veltri has shown throughout his years LEYLA ZANA A BLATANT VIOLA­ government of Turkey to set aside its convic­ of public service. TION OF FREEDOM OF EXPRES­ tion of Leyla Zana and free her immediately, Though the civic arena is obviously very im­ SION and I urge my colleagues and government to portant to Frank Veltri, it is safe to say that condemn her conviction and make her release Frank wears other important hats. He is also a priority. HON. ELIZABETH RJRSE a loving husband, father, and grandfather. OF OREGON Simply put, I can't think of anything more im­ IN THE HOUSE OF REPRESENTATIVES IN HONOR OF FRANK VELTRI portant than one's relationship with their fam­ Thursday, October 8, 1998 ily. Ms. FURSE. Mr. Speaker, I rise today to ex­ HON. PETER DEUTSCH In summary, all who know him or know of press my indignation over the decision of the OF FLORIDA him will surely agree that Frank Veltri is an ex­ Turkish government to sentence Leyla Zana, IN THE HOUSE OF REPRESENTATIVES traordinary individual. His tireless devotion to the Kurdish parliamentarian who is currently Thursday, October 8, 1998 the residents of South Florida will be forever serving a 15-year sentence, to 2 additional Mr. DEUTSCH. Mr. Speaker, I rise today to remembered. We all owe him a tremendous years in prison as a blatant violation of the honor Mayor Frank Veltri of Plantation, FL. He debt of gratitude. 25284 EXTENSIONS OF REMARKS October 9, 1998 THE KYOTO PROTOCOL use that will be necessary to achieve these ures to meet commitments. Just as the UiS. reductions. In addition, because the Protocol favors flexible market mechanisms, the Eu­ sets different targets for each industrialized ropean Union and many Developing cow;i;.~ HON. KEN CALVERT country and the target is based on what is tries favor harmonized, mandatory ' com­ OF CALIFORNIA now an eight-year old baseline, the U.S. in mand-and-control" policies' and measures;­ IN THE HOUSE OF REPRESENTATIVES effect will shoulder a disproportionate level such as carbon taxes and CAFE standardµ of reduction and may be placed at a competi­ to meet commitments, and they will have Thursday, October 8, 1998 tive disadvantage. numerous opportunities to seek adoption :<>f Mr. CALVERT. Mr. Speaker, last December Unless the Developing Countries also com­ these policies. ~· ::. I attended the international global warming mit to emission reductions, the Protocol is Finally, the procedures for ratification of, summit in Kyoto, Japan. I took with me to the incomplete and will not work. The Byrd­ and amendment to, the Ky:oto Protocol make it difficult to remedy before it enter .into meeting information I had gathered at three Hagel Resolution unanimously adopted by the U.S. Senate in July 1997 states that the force. The Protocol may"not be amended, nor hearings I convened in my Science Sub­ U.S. should not be a signatory to any pro­ can rules and guidelih'es 1be adopted; until committee on Energy and the Environment. At tocol unless it mandates "new specific sched­ after the Protocol enters, into force. T:fie those hearings, where the Subcommittee took uled commitments to limit or reduce green­ Clinton Administration ;is now considedii:g testimony from experts in climatology, it be­ house-gas emissions for the Developing the negotiation of a separate or supp1i.., came obvious that there is no clear scientific Country Parties within the same compliance mental protocol to attain necessary addi­ consensus on which the Administration can period." Many Developing Countries are rap­ tional commitments, bu~ this appro~eQi base its claim that human-induced global idly growing their economies and will be­ would open all issues to further negotiati~n. The Business Roundtable belfeves that , ~,h~ warming is harming our planet. come the largest emitters of greenhouse gases in the next 15-20 years. Greenhouse Congress and the American people cannot; Over the next few days I will submit for the gases know no boundaries, and stabilization evaluate the Kyoto Protocol until the 'Ad­ RECORD portions of studies that bring to light of greenhouse-gas concentrations cannot be ministration sets out a pfan as to how i~ in­ the weaknesses in the Kyoto Protocol. Today, achieved without global participation in a tends to meet the targets of the Protocol'. 'Pd I am submitting an Executive Summary of an limitation-reduction effort. Moreover, regu­ place the magnitude of the U.S. reductioH analysis of the agreement conducted by the lating the emissions of only a handful of commitments in perspective, it is the equiv­ Business Roundtable. The summary gives an countries could lead to the migration of en­ alent of having to eliminate all current ergy-intensive production-such as the emissions for either the U.S. transpor;tation excellent account of the key issues of concern sector, or the utilities sector (residential and regarding the Protocol, making clear that the chemicals, steel, petroleum refining, alu­ minum and mining industries-from the in­ commerical sources), or industry. The Ad­ agreement has serious flaws in terms of its dustrialized countries to the growing Devel­ ministration needs to detail how· targetS-. i'n ability to improve the environment without oping Countries. the Protocol will be met, and how the burcieri harming the economy: Certain carbon "sinks" may be used to off­ will be distributed among the various sector~ set emission reductions, but the Protocol of the economy. EXECU'l'IVE SUMMARY OF THE KYOTO The Business Roundtable feels it is impera­ PROTOCOL: A GAP ANALYSIS does not establish how sinks will be cal­ culated. Carbon sinks, a natural system that tive that a public dialogue take place on the In an in-depth analysis of an international absorbs carbon dioxide, have tremendous po­ major issues highlighted in our Gap Analysis agreement to curb greenhouse-gas emissions, tential as a means of reducing emissions, but before the Protocol becomes the law of the The Business Roundtable finds that the ac­ too much is currently unknown to make a land and government agencies begin to write cord, known as the Kyoto Protocol, contains fair determination. It is unclear how sinks regulations. major gaps that must be filled before its im­ might help the U.S. reach its emission-reduc­ pact on the world's environment and econ­ tion commitment and, though the Parties to omy can be evaluated. The Business Round­ the Convention will work to develop rules TRIBUTE TO CARNEY CAMPION table recognizes that the Protocol is only a and guidelines for sinks in Buenos Aires, the first step toward a comprehensive agreement rules cannot be adopted until after the Pro­ HON. NANCY PELOSI to reduce emissions, but urges the Clinton tocol enters into force. Administration not to sign the Kyoto Pro­ The Protocol Contains no mechanisms for OF CALIFORNIA tocol until these gaps have been addressed. compliance and enforcement. IN THE HOUSE OF REPRESENTATIVEEj Background: On December 11, 1997, in Simply put, it would be inappropriate for Thursday, October 8, 1998 Kyoto, Japan, the Parties to the UN Frame­ any country to ratify a legally binding inter­ work Convention on Climate Change reached national agreeement which lacks compliance Ms. PELOSI. Mr. Speaker, I would like td an agreement, known as the Kyoto Protocol, guidelines and enforcement mechanisms. take this opportunity to pay tribute to Camey that sets legally binding limits on the man­ The Protocol outlines a system of domestic Campion, General Manager, Golden ·: Gate made emissions of greenhouse gases from 38 monitoring with oversight by international Bridge, Highway and Transportation District. industrialized countries. Global carbon emis­ review teams, but what constitutes compli­ Mr. Campion will retire from his position .1 dn sions would continue to increase under the ance and who judges it will not be deter­ agreement because it exempts Developing November 30, after 23 years of dedicated mined until after the Protocol enters into work to the Bridge District. Countries-including China, India, Mexico, force. The means of enforcement-also un­ Brazil, and 130 others-from any commit­ During Mr. Campion's tenure, the Golden kpown-is equallly critical, since a country's Gate Bridge and associated transportation ments to limit their rapidly growing emis­ noncompliance could give it a competitive sions. Continued growth in energy demand, advantage over the U.S., and eviscerate the services have undergone numerous service and thus greenhouse-gas emissions, by De­ agreement's environmental goals. and safety improvements. Achieving these im­ veloping Countries will more than offset the The Protocol includes flexible, market­ provements has required a combination of vi­ reductions made by Developed Countries. based mechanisms to achieve emission re­ sion and commitment. Through his effective President Clinton is expected to sign the ductions, but it does not establish how these leadership, Mr. Campion has ensured that -the Kyoto Protocol later this year, but he does mechanisms would work and to what extent not intend to submit the agreement to the Golden Gate Bridge remains one of San Fran­ they could be used. The U.S. intends to rely cisco's most lauded landmarks. Senate for its constitutional role of advice heavily on market-based mechansims to find and consent until " key" Developing Coun­ Among his many accomplishments,· Mr. the most efficient and cost-effective ways to Campion has worked with the San Francisco tries agree to "participate meaningfully" in reduce emissions. But until the rules and the effort. regulations are established it is uncertain Bay Delegation to secure $51.8 million in fed­ KEY ISSUES OF CONCERN how effective these mechanisms will be and eral funding for the seismic retrofitting of the The targets and timetables would require to what extent they can be used by compa­ Golden Gate Bridge, received approval for a the United States to make significant and nies. Many countries are resisting these mar­ median barrier to eliminate two-way accidents> immediate cuts in energy use. The Protocol ket-based mechanisms and their reluctance redecked the Bridge, instituted public safety would require the U.S. to reduce emissions 7 may hinder the development of adequate patrols and placed crises phones in key loca­ percent below 1990 levels by 2008- 2012 , an un­ free-market guidelines. The absence of many tions to deter suicides, and developed speci­ precedented 41 percent reduction in pro­ countries from the marketplace, and the pos­ fications for an electronic toll system. In addi­ jected emission levels. The process of Senate sible limitations and restrictions on the ratification and the subsequent lengthy do­ marketplace, could render these mechanisms tion, under Mr. Campion, the Bridge District mestic implementation process post-ratifica­ useless or of little value. became the first public transit system in the tion would leave the U.S. very little time to The Protocol leaves the door open for the Bay Area to comply with the Americans With make the painful choices regarding energy imposition of mandatory policies and meas- Disabilities Act. October 9, 1998 EXTENSIONS OF REMARKS 25285 However, these significant accomplishments cemetery and grounds and maintained the firms; and (3) 92 percent-almost every one of are only a part of Mr. Campion's overall com­ Meeting House. Memorial services were held the fastener manufacturers in northern Illi­ mifrnent to continuing and strengthening the annually at the Meeting House for those bur­ nois-do not know what they have to do to Bridge District's mission !pf providing safe and ied in the cemetery. There was an occasional fully comply with the FQA regulations. efficient transportation. Th~ successful oper­ wedding or funeral. I have met with or been contacted by nu­ ation of the Golden Gate Bridge and its bus In 1898, as the last members of the former merous fastener companies in my district, all nnd ferry units are vital to the .San Francisco Meeting became too infirm to oversee the of which express concerns reflective of the Bay Area economy. By improving overall property, a group of descendants in the Morris findings in the survey. For example, there's transportation efficiency ·and pursuing alter­ County area came together and formed the Pearson Fastener, a 35-employee family en­ native modes of transportation, such as add­ Friends Meeting House and Cemetery Asso­ terprise in Rockford. For years Pearson has ing a high-speed catam~ran to the ferry fleet, ciation of Randolph Township. Membership been manufacturing fasteners. For the last ... Mr. Campion has played . an important role in was open to anyone whose ancestors had eight years they have been wrestling with the ensuring that Bay Area residents can conven­ worshipped in the meeting house or was bur­ FQA, wondering why existing independent ac­ iently and safely commute between San Fran­ ied in the cemetery as well as to members of credited laboratories cannot continue to test cisco and outlying areas·. the Friends faith who had an interest in pres­ their fasteners instead of the company having In addition to these :contributions, Mr. Cam­ ervation of this important place. The sole goal to switch to as yet unidentified and pion has accomplished many personal of the Association was preservation of the site, unaccredited labs. Aside from the added costs achievements. He is 'a member of numerous Mr. Speaker, for the past 100 years, the involved, newly accredited labs may not offer community organizati'ons and serves as direc­ Friends Meeting House and Cemetery Asso­ ever/ testing service needed by the diversity tor for a YMCA, a th~ater company and the ciation has faithfully pursued preservation of of fastener manufacturers in Rockford. For in­ Marin Forum. Furthermore, Mr. Campion has the Friends Meeting House and Cemetery, a stance, Pearson could not get one accredited served on or chaired· Presidential task forces monument in Morris County for 240 years. Mr. lab to give them a price quote for a salt spray­ imd international associations throughout his Speaker, I ask you and my colleagues to join ing test on fasteners they make for outboard career. me in congratulating all past and present engines on motor boats. Mr. Speaker, San Francisco has been the members of the Association and Meeting . Camcar, a division of Textron Fastening fortunate beneficiary of Carney Campion's House on these special anniversaries. Systems of Rockford that has manufactured steadfast and thoughtful leadership. His pres­ fasteners since 1943, complained that they ence will be greatly 'missed. I know my col­ could not get an approved signatory to sign leagues will join me in wishing him well in his THE FASTENER QUALITY ACT: FIX test · reports, as the regulations require. Since future endeavors. IT OR FORGET IT! no· one can observe all the test results, no­ body is willing to sign off on the reports. HON. DONALD A. MANZUUO Elco, also of Textron Fastening Systems THE 100/240 CELEBRATION OF THE and a major fastener manufacturer in Rockford OF ILLINOIS declares the FQA "a showsstopper to our in­ FRIENDS MEETING HOUSE AND IN THE HOUSE OF REPRESENTATIVES CEMETERY ASSOCIATION OF THE dustry ... [It] penalizes every U.S. fastener TOWNSHIP OF RANDOLPH, COUN­ Thursday, October 8, 1998 company with hundreds of millions of dollars TY OF MORRIS, NEW JERSEY Mr. MANZULLO. Mr. Speaker, any lasting of extra costs in testing and paperwork when resolution to modify the Fastener Quality Act the original intent of the Act was to keep out HON. RODNEY P. FRELINGHUYSEN (FQA) must address the concerns raised by foreign, fraudulent bolts. This particularly af­ the small manufacturers within the fastener in­ fects smaller companies within our industry." OF NEW JERSEY The problems with the FQA from the per­ dustry. If their concerns are not addressed, I IN THE HOUSE OF REPRESENTATIVES spective of small fastener firms are manifold: believe most small firms would favor repeal of ambiguity about which fasteners the Act cov­ Thursday, October 8, 1998 the Act. I am privileged to represent the "fas­ ers; availability and proximity of accredited Mr. FRELINGHUYSEN. Mr. Speaker, I rise tener capital of the United States," Rockford, labs; confusion about the definition of certifi­ today to commemorate the 100/240 Celebra­ Illinois. There are more fastener manufactur­ cation, prohibitive compliance costs; over-reg­ tion of the Friends. Meeting House and Ceme­ ers per capita in Rockford than in any other ulation of the industry; loss of market share to tery Association of the Township of Randolph, city in the nation. Implementation of the FQA foreign competitors because the FQA exempts County of Morris, New Jersey. and any recommended changes to it are of fasteners imported as components of larger On October 1111, ~ 998, the Friends Meeting key importance to northern Illinois and the in­ parts; and lack of information about req1.,1ried House and .Cemetery Association of the Town­ dustry overall. tests of a specialized product are all major ship of Randolph will celebrate the 1OOth Anni­ Fasteners are the sinews of a modern man­ concerns of fastener manufacturers in my dis­ versary and the 240th Anniversary of the 1758 ufacturing nation. Disruption in the supply of trict. Resolution of these matters needs to be Friends Meeting House and Cemetery which it fasteners would be the equivalent of a nation­ a part of any final modification of the FQA. now owns and preserves. The Meeting House wide trucking or rail strike. Amidst an increas­ It has been eight years since the FQA was is the oldest church in continuous use in Mor­ ingly volatile national economy this would enacted. During that time, technological ad­ ris County and the oldest Quaker Meeting have devastating consequences for the coun­ vances within the fastener industry have great­ House in northern New Jersey. try, with reverberations throughout industries ly i111proved testing techniques so that the fail­ The Quakers who migrated to the Mendham dependent on supplies of fasteners. ure rate for fasteners has been practically area of Morris County occupied land that be­ When the National Institute of Standards eliminated. Obviously, this necessitates a re­ longed to William Penn. They began arriving and Technology released the latest set of reg- examination of the Act to see that it is applica­ in the 1740's, establishing farms, mills, and . ulations last April, I surveyed the fastener ble to the industry in light of these advances. iron forges along many brooks and valleys of manufacturers in northern Illinois for their If some basic, common sense changes are the area. They organized as the Mendham input. A third of these answered my survey­ not made to the FQA, I believe most small Friends Meeting. In 1758, they built ~heir a very high response rate. Let me review for fastener manufacturers would like to see a Meeting House and established their ceme­ my colleagues on the panel the results of the total repeal because it is currently unworkable. tery. A national, State, and local treasure, the survey: (1) 54 percent of the fastener manu­ This is the problem with the FQA as it is cur­ hand-crafted building of oak and clapboard is facturers still do not know which fasteners are rently written. I hope Congress, the National little changed from the eighteenth century. In covered by the FQA; (2) 46 percent of the fas­ Institute of Standards and Technology, the 1805, Randolph set off from Mendham Town­ tener manufacturers are so small that they fastener industry, and others can work to­ ship, and in 1817 the name was changed to cannot afford to adopt the expensive Quality gether to fix it, or else resolve to abolish it. · the Randolph Friends Meeting. In 1865, the Assurance System (QAS) though they have We all want to make a genuine effort to original meeting came to an end. their own system of testing and insuring qual­ work out the problems with the FQA. I submit From 1865-1898 descendants of the origi­ ity. Thus, the April regulations permitting larger that the approach we ought to take should ad­ nal Quaker families and the last few surviving companies who use OAS to become FQA-cer­ dress the concerns of all fastener manufactur­ members of the former meeting cared for the tified means nothing to these small fastener ers. At the same time, we should avoid a 25286 EXTENSIONS OF REMARKS October 9, 1998 course that seeks a solution through exemp­ INTRODUCTION OF NON-INTRUSIVE drain the federal mineral estate from their sur­ tions for specific industries. A solution that SEISMIC TESTING IN ALASKA face occupancy on state lands. This potential fails to resolve the issues raised by both large drainage could withhold millions of dollars to and small fastener firms is no solution at all. HON. DON YOUNG which the US Treasury and American public Otherwise, down the road we again will find OF ALASKA are entitled. Without the best science avail­ ourselves wrestling with the same problems IN THE HOUSE OF REPRESENTATIVES able, this possibility continues to be a signifi­ that threaten the viability of the fastener indus­ Thursday, October 8, 1998 cant reality. It is incumbent upon this Adminis­ tration to safeguard the people's trust and try and, consequently, the very health of our Mr. YOUNG of Alaska. Mr. Speaker, I have mineral estate. To allow this potential dimin­ introduced a bill today in order to aid our Ad­ economy. ishment because of political ideology is unwise ministration in taking responsible action re­ Even at this early juncture, we already know and irresponsible. garding the coastal plain of the Arctic National that any future workable regulatory document Wildlife Refuge (ANWR}. Even if this legislation were to pass with the .._ must include the following: (1} A clear delinea­ This last May, the US Geological Survey few legislative days remaining in this 105th tion of what fasteners are covered; (2) a set­ (USGS} released it's petroleum resource as­ Congress, it will ·not open ANWR. In fact, tlement on the issue of certifying in-house sessment of the "1002 area" within ANWR. sadly so. I feel the coastal plain holds our na­ testing processes, and short of this an agree­ The USGS published that in-place resources tion's greatest energy potential and should be ment on the number, type, and location of ac­ could be as high as 31.5 billion barrels of oil. opened to sensible development. The reality is credited laboratories; (3) a clear definition of This is orders of magnitude higher than other this Administration will not allow ANWR to be developed under any circumstances. With this what constitutes certification; (4) a regime that predictions this Administration has released during this decade. Of course, this 31.5 billion fact, we must fulfill our obligation of scientific minimizes compliance and regulatory costs so understanding and use the best science tech­ as not to put small manufacturers of fasteners barrel figure does not factor in all of the eco­ nomic and technological variables that are re­ nology available to estimate the coastal plain's out of business, nor U.S. fastener manufactur­ alities for the industry. However, it dem­ potential. If my fellow Alaskans send me back ers at a competitive disadvantage with foreign onstrates that there clearly is significant en­ to represent them as their Chairman, I plan to manufacturers; and (5) a thoroagh dissemina­ ergy potential currently being withheld from reintroduce this bill and move it through the tion of information that answers the many the American public by this Administration. legislative process. questions fastener manufacturers will have To really understand the energy potential for This legislation will help accomplish the goal when any new agreement is reached. the Nation within ANWR, we must use the of understanding the coastal plain of ANWR's If a revamped FQA can accomplish these most advanced scientific methods available. potential in a non-invasive and environ­ The Secretary of the Interior, as our Nation's mentally benign manner. Seismic testing ex­ things, then I think we have the basis for a landlord, clearly has a fiduciary responsibility amines the sub-surface structure with almost document that can work for the fastener indus­ to gather the maximum amount of information insubstantial effects. The fact is, seismic has try and ensure safety for the consumer. On to make an informed decision. Regardless of already been allowed in this area with neg­ the other hand, if the FQA remains difficult to a person's position on development of the ligible impacts. This legislation will allow 3-D interpret, costly with which to comply, and coastal plain, we should all support an under­ seismic into this area for a much more accu­ threatens the existence of small fastener com­ standing of the potential beneath the frozen rate assessment of the resource. We need panies, then it must be repealed. tundra of this area. By using 3-dimensional this kind of understanding while devising a seismic testing in the 1002 area of ANWR, we sound national energy strategy for the Amer­ will be able to have a much clearer under­ ican people. I look forward to working with the standing of this potential. Administration in the 106th Congress while we Currently, there are several significant dis­ work to fulfill our obligation to the public and coveries on state lands adjacent to the 1002 gather the best information by using the most area of ANWR. These fields could potentially advanced technology available.