February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E121 EXTENSIONS OF REMARKS

SUPPORT THE POSTAL SERVICE agency which none of its top 10 Fortune 500 The Postal Service Core Business Act pro- CORE BUSINESS ACT OF 1997, compatriots have. For example: tects and promotes a strong and vibrant Post- H.R. 198 1. USPS has a legal monopoly on first class al Service by allowing it to keep offering the mailÐThis generates the lion's share of its same services it has been doing all these HON. DUNCAN HUNTER $50+ billion revenue. This gives it great oppor- years. It can continue to concentrate on its OF CALIFORNIA tunity to cross-subsidize from its stamp reve- core business: mail delivery. It can continue to IN THE HOUSE OF REPRESENTATIVES nue to money losing operations such as their offer those special and ancillary services as it Pack & Send's. has for decades, including selling packaging Tuesday, February 4, 1997 2. USPS has no profit incentiveÐSince the materials for use by its customers. Mr. HUNTER. Mr. Speaker, today I rise to Postal Service is a Government agency, it is What it cannot do is compete with private reintroduce the Postal Service Core Business not necessary for it to make a profit. That businesses in areas that the Postal Service Act of 1997. Last year, I introduced this same means it can run unprofitable business lines has not been traditionally engaged. For exam- bill as H.R. 3690. This is an important bill with impugnity. ple, its new packaging service, called Pack & framing a debate on an important subject: 3. USPS can cross-subsidize these unprofit- Send, would be prohibited under my bill. The Where is the line between U.S. Government able businessesÐThere is no guarantee that private sector is already offering this service in competition with the private sector, particularly the Postal Service will not use its monopoly over 10,000 locations throughout the country. small business? revenue to cross-subsidize unprofitable activi- The Postal Service will also be prohibited My bill will establish a clear line of demarca- ties like Pack & Send. In fact, it can, and from becoming a volume photocopy dealer; tion between the U.S. Postal Service, a Fed- does, even discount coupons on these there are plenty of private businesses which eral agency, and small private businesses nonstamp products. provide this service. The same goes for gift across America. For the past 20 years, a vi- 4. USPS does not charge sales taxÐThat is wrapping, notary services, and other business- brant private sector business has been evolv- a 4- to 8-percent advantage in most States. related services. ing. In fact, the industry was born within a re- 5. USPS pays no property tax on its own fa- The aforementioned services are not func- gion I represent, San Diego, CA. cilitiesÐIt is not fair that the USPS can enter tions of the Postal Service established by our This business sector is known as the into direct competition against private sector Founding Fathers in the Constitution, and are CMRA, or Commercial Mail Receiving Agents, businesses while being exempt from property therefore better left to the willing and able industry. These businesses establish a special tax. private sector. relationship with the Postal Service and be- 6. USPS is self-insuredÐAs an agency of This bill will not effect the Postal Service's come agents for receiving mail for individuals the U.S. Government, the Postal Service does ability to deliver overnight packages. and small businesses. These small business- not need to buy insurance. All these small This bill will not prevent the Postal Service men and women open a store, usually in a businesses must, or risk losing their business from accepting packages for mailing or ship- shopping mall, or a downtown business dis- in litigation. ment. trict, and rent private mailboxes to customers. 7. USPS borrows money from the Federal This bill will not interfere in any way with Altogether, an industry of nearly 10,000 pri- ReserveÐFederal law permits the Postal normal postal service operation. vately owned stores in all 50 States and vir- Service to borrow money directly from the Ny bill provides that line of demarcation tually every congressional district has grown. Federal Reserve at preferred rates. CMRA's which must be established now that the Postal These CMRA stores are either franchise must borrow from banks at market rates and Service is trying to branch out into other non- stores of nationally recognized groups like with secured collateral. traditional areas of business. MailBoxes Etc, Postal Annex, PostalNet, Par- 8. USPS is immune from antitrust lawsÐAll The American entrepreneur is out there in cel Plus, or independently owned stores affili- private businesses in America, big and small, all 50 States to provide these new services ated with the associated mail and parcel cen- must comply with Federal and State antitrust We do not need a Government created and ters. Often, these small business owners use regulations. The Postal Service, however, protected entity like the Postal Service to pro- their life savings to establish their store. No claims they are not subject to the same anti- vide these services. matter what their origin, all of the stores are trust laws. Nearly 10,000 small business owners in vir- owner-operated by individual entrepreneurs As a result, the Postal Service, a $50+ bil- tually every congressional district support this who work long hours and thrive on fair and lion business, is preying on small business bill. During the 104th Congress, many of these healthy competition. They do not look for gov- owners with impugnity, doing what it wants business owners contacted their Representa- ernment subsidies, nor do they shrink from with little regulation from Federal, State, and tives with their support for a clear definition of competing with each other or any other private local authorities. It is critical that Congress Postal Service activities. business which seeks to compete with them. step in and set up some rules. Mr. Speaker, I believe it is important to point What these small businesses did not count on Mr. Speaker, the Postal Reorganization Act out to my colleagues that the Postal Service is was having to compete with the U.S. Govern- of 1970 was enacted before the CMRA indus- now offering this Pack & Send service in viola- ment, in the form of the U.S. Postal Service, try had developed. A review of the act makes tion of the Postal Reorganization Act. The which has been known to describe itself as that clear. The act does not even include a Postal Rate Commission [PRC] has recently the 12th largest business in the Fortune 500. definition of what services the Postal Service found that this service cannot be offered un- The problem is that the Postal Service has can and cannot offer. This 1970 law needs to less and until the Postal Service has submit- decided to go into the business of packaging be revised to set some groundrulesÐa line of ted it for a rate and classification hearing be- parcels, a service born and bred by these demarcation setting out what activities the fore the Commission. 10,000 small businesses, and there is clearly Congress intends the Postal Service to offer. There is one problem, however, only the more on the horizon. In fact, the Postal Serv- Most agree that it should continue to deliver Postal Service can submit the case to the ice announced its intention to spend billions to the mail, but I don't believe its job description Commission; the Commission cannot initiate it enter into retail competition with private busi- should also include T-shirt sales or packaging themselves. The PRC is now waiting for the ness. services. Postal Service to submit the case or to cease Stated simply, the Postal Service is not My bill sets out some rules as to what the the service. Until that time, the largest Federal General Motors, AT&T, or Phillip Morris. It is Postal Service can and cannot do regarding agency, the Postal Service, is offering a serv- an agency of the U.S. Federal Government. competition with the private sector. It is simple ice in direct competition with private sector Its employees are Federal employees, its law- and straightforward: businesses, and in violation of its own ena- yers are from the Department of Justice, its Like most of my colleagues, I am a strong bling legislation. benefits are Federal employee benefits. Fur- supporter of the Postal Service and I rely on Clearly, we do not want Federal agencies ther, it enjoys unique advantages as a Federal it everyday to receive and deliver my mail. acting independently of the mission they were

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E122 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 assigned by Congress, which is the ultimate LEGISLATION TO CORRECT The Clinton Administration acknowledges authority. The Constitution specifically directed MEDICARE BENEFICIARY OVER- that the costs are already causing hardship the Congress to determine what kind of post CHARGES IN HOSPITAL for many Medicare beneficiaries. But Admin- OUTPATIENT DEPARTMENTS istration officials say they lack the author- office the Nation should have. That is what my ity to limit what hospitals charge for out- bill is all about. patient services under Medicare, and they Interestingly, Mr. Speaker, the United States HON. FORTNEY PETE STARK are fighting a lawsuit by Medicare patients is not the only country experiencing this quan- OF CALIFORNIA who insist that the Government is supposed IN THE HOUSE OF REPRESENTATIVES to set such limits. dary of what business line its post office The new Medicare handbook, sent to all should and should not be permitted to enter. Tuesday, February 4, 1997 beneficiaries in May, explains the situation In Canada, the Canada Post Corporation is Mr. STARK. Mr. Speaker, today Represent- this way: ‘‘When you use your Part B bene- currently in the business of competing with the ative WILLIAM COYNE and I introduced a bill to fits, you are responsible for paying the first private sector. There is no constraint on Can- correct a glaring failure in the Medicare Pro- $100 each year of the charges approved by ada Post in this regard under Canadian law, gramÐthe massive overcharging of bene- Medicare. This is called the Part B annual ficiaries in hospital outpatient departments deductible. After the deductible is met, Med- and the Canada Post has jumped in with en- icare pays 80 percent of the Medicare-ap- thusiasm. [HOPDs]. This bill will save Medicare disabled proved amount for most services. You are re- and senior beneficiaries about $35.7 billion be- In 1993, Canada Post purchased the largest sponsible for the remaining 20 percent.’’ tween 1999 and 2003. It will stop the steady, private, Canadian owned courier service, But, it states, there is one big exception: upward climb in the percentage of HOPD ‘‘If you receive outpatient services at a hos- Purolator Courier, in order to compete with costs that beneficiaries have to pay. pital, you are responsible for paying 20 per- local and American delivery services. Further, The problem is difficult to describe and the cent of whatever the hospital charges, not 20 it is in the mailing center business as well. legislative solution is also complicated. But percent of a Medicare-approved amount.’’ Much as its American counterpart, it is com- what is not complicated is understanding the In March, the Federal advisory panel, the Prospective Payment Assessment Commis- peting head to head with local and franchised impact on Medicare beneficiaries. I would like private centers such as MailBoxes, Etc. sion, urged congress to correct this problem. to include in the RECORD at this point an arti- ‘‘The growing financial burden for Medicare Canada Post is aggressively promoting cle from the June 30 New York Times and the enrollees who receive services in hospital unaddressed admail in direct competition with AARP Bulletin of August, 1996 that does an outpatient departments should be alleviated private mailers and even going so far as to excellent job of explaining why our bill is need- immediately,’’ the panel said. ‘‘Beneficiary deny access to private apartment boxes to its edÐASAP. coinsurance for these services should be lim- ited to 20 percent of the Medicare-allowed private sector competition. I also include some prospective payment assessment commission analysis of data from payment.’’ This is the future for the U.S. Postal Service the Health Care Financing Administration on But neither Congress nor the Clinton Ad- ministration is pushing for a quick solution, if my bill is not passed and Congress does not how beneficiary copayments in HOPDs can far act to set ground rules in this area of what the partly because of the complexity of the prob- exceed a patient's 20 percent share at an am- lem and partly because of disagreement over U.S. Postal Service can and cannot do. bulatory surgical center. Clearly, these HOPD who would foot the bill. If beneficiaries paid The Situation in Canada has so deteriorated payments are grossly excessive, and patient less, then the Federal Government would that the government appointed a one man advocacy groups should help spread the word have to pay more or hospitals would have to commission to review these and other issues about cheaper sources of safe and effective accept less overall? Any solution would in- medical care. crease Federal Medicare costs, reduce hos- and to make recommendations to the Cana- pital revenue or both. dian Government. [From the New York Times, June 30, 1996] For example, a 74-year-old woman named QUIRK IN MEDICARE LAW YIELDS BIGGER BILLS That Commission held hearings and took Marie Lohse had outpatient cataract surgery FOR OUTPATIENT CARE; OFFICIALS SAY BUR- testimony throughout Canada and thoroughly on one eye at a Los Angeles hospital. The DEN ON THE ELDERLY IS INCREASING hospital charged $6,277. She was responsible examined the issue of competition by Canada (By Robert Pear) for 20 percent of that amount, or $1,255. But, Post with private mailing centers. Its conclu- WASHINGTON, June 30—Because of a quirk she later learned, Medicare paid the hospital sion was straightforward: in the Federal Medicare law, elderly people only $1,280. So the hospital received a total ``The Government should direct Canada are being required to pay more than their of $2,535, and Ms. Lohse paid 49.5 percent of Post Corporation to withdraw from all competi- normal share of the bill for hospital out- the total reimbursement. patient services. It is far more than Congress If she had paid 20 percent of the Medicare- tion with the private sector in areas of activity originally intended and the burden is rising approved amount, as required for many other outside its core public policy responsibilities rapidly as such services account for a larger Part B services, she would have paid only for providing postal services.'' [Report of the portion of all health care in the United $507. Canada Post Mandate Review, p. 86] States. Robert J. Myers, who was chief actuary of Beneficiaries are ordinarily responsible for the Social Security Administration for 23 ``Specifically, that means exiting from the 20 percent of the cost of services under Part years, said of the current formula, ‘‘It’s a courier business, from unaddressed admail, B of the Medicare program. But because of raw deal, a gross injustice to beneficiaries from the operation of business support or the law, they are now responsible, on aver- that ought to be remedied.’’ mailing centers, from electronic products and age, for 37 percent of the total payments to Mr. Myers said it had always been ‘‘the services, and from retailing of non-postal mer- hospitals for outpatient services, one of the general philosophy, the general principle of chandise,'' [Report of the Canada Post Man- most important benefits under Part B, ac- the Medicare program, that the beneficiary should be responsible for 20 percent of what date Review, p. 84] cording to a recent report to Congress by a Federal advisory panel. Medicare recognizes as the reasonable and Mr. Speaker, my bill does not take on all the For many such services, the patients’ appropriate amount for a service.’’ issues that this comprehensive review did, but share is even larger. Donna E. Shalala, the And in most cases that is true. But hos- that review hit the issue on the head. The Secretary of Health and Human Services, pital outpatient services are different: the said beneficiaries were paying more than 49 patient is responsible for 20 percent of what- basic conclusion of the Commission was that percent of the total Medicare payment to ever the hospital charges. Originally, what no government agency, like Canada Post or hospitals for outpatient surgery, radiology hospitals charged and what Medicare recog- the USPS, can serve and compete with its and other diagnostic services. nized as reasonable were about the same. But customers at the same time. And Dr. Shalala said, ‘‘We expect that the in recent years, hospitals have charged far beneficiary share of total hospital payments more than Medicare pays for outpatient The Postal Service Core Business Act is for these services will continue to increase services. So in paying 20 percent of the hos- sound and fair in identifying a workable solu- rapidly,’’ to 68 percent in 2000. pital charges, beneficiaries end up paying tion for all parties. I urge my colleagues to join Since 1983, the Government has paid a flat much more than 20 percent of what the hos- me in support, because it establishes the rules amount for each Medicare patient admitted pitals ultimately receive for such services. necessary for both the Postal Service and the to a hospital, depending on the diagnosis. Earlier versions of the Medicare handbook, private sector as to this area of postal related But there are no such limits on outpatient in 1991 and 1992, said inaccurately that bene- business. These small business owners are services. A hospital can often increase its ficiaries were responsible for only 20 percent Medicare revenue ‘‘by simply increasing its of the approved amount.’’ The handbook now looking to us to ensure that they are afforded charges’’ for outpatient services, the Depart- says ‘‘20 percent of whatever the hospital a fair chance to succeed, and as their Rep- ment of Health and Human Services told charges.’’ resentatives we need to work to meet their Congress. When the hospital increases its The financial burden on patients has been needs. charges, the beneficiary pays more. increasing because outpatient care accounts February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E123 for a rapidly growing share of all medical Why? Because under federal law hospitals it left unaddressed the question of whether care. can charge Medicare beneficiaries whatever there should be limits on what beneficiaries New surgical technology and advances in they wish for hospital outpatient care. (By themselves must pay. This structure is still anesthesia have reduced the need for over- contrast, federal law does limit how much being used and has created the inequity that night hospital stays. Common outpatient hospitals can charge Medicare inpatients and exists today. services include colonoscopy, breast biopsy how much doctors can charge Medicare bene- Since then, reimbursement for outpatient and hernia repair. But complex procedures ficiaries.) care has been treated differently. Bene- like hysterectomies and reconstructive knee All of this is perfectly legal. And if the sit- ficiaries have been required to pay 20 percent surgery can also be done in hospital out- uation is to be fixed, the Ninth U.S. Circuit of the charges that hospitals bill them. That patient departments. Court of Appeals said in essence this sum- didn’t seem significant in 1986, says Bran- The demand for such services increases as mer, it is up to Congress to fix it. deis’ Altman, because relatively few treat- the procedures become safer and easier to Congress has the authority to limit what ments were done on an outpatient basis and perform. In addition, said Dr. Richard B. hospitals charge Medicare outpatients, all hospital charges were close to their costs. Reiling, chairman of the ambulatory sur- experts agree, but thus far has declined to do Times have changed. Between 1985 and 1989 gical committee of the American College of so. the number of outpatient surgeries per- Surgeons, ‘‘Managed care and financial con- Since Congress hadn’t exercised its author- formed by hospitals on Medicare bene- siderations have given us incentives to do ity in this area, some Medicare beneficiaries ficiaries increased by 50 percent and has more procedures on an outpatient basis.’’ sued the Department of Health and Human risen since. Carol S. Jimenez, a lawyer at the Center Services (HHS), which runs Medicare, to Other forces are helping drive up the for Health Care Rights in Los Angeles, said, force the agency to correct the situation. amounts hospitals charge, some associated ‘‘Medicare beneficiaries expecting to pay a 20 But in its ruling the court agreed with with actual hospital costs, some not, critics percent copayment should not be paying 49 HHS Secretary Donna Shalala that existing say. percent or more of the amount paid to the law does not require her to take action on Whatever the reasons, ‘‘20 percent of hospital.’’ the issue. charges has turned out to be a lot more than But in a legal brief recently filed with the All of which means hospitals can continue 20 percent of costs,’’ says Altman, meaning United States Court of Appeals for the Ninth to charge Medicare outpatients any amount that beneficiaries are paying a good deal Circuit, in San Francisco, the Clinton Ad- they want. more than what critics believe is ‘‘reason- ministration said such charges were ‘‘en- The high charges beneficiaries pay for hos- able.’’ tirely permissible’’ under current law. pital outpatient service are ‘‘terribly un- Beneficiaries are feeling the pinch. ‘‘With Congress has never instructed Medicare of- fair,’’ says Brandeis University economist more people using hospital outpatient serv- ficials to ‘‘limit what hospitals could charge Stuart Altman. And, he adds, the problem ices,’’ says AARP’s Sloan, ‘‘the problem of to beneficiaries for outpatient services,’’ the ‘‘is getting worse and worse.’’ the amount that beneficiaries pay out of Clinton Administration said. The situation comes about because of a pocket is becoming much more severe.’’ And in a letter to a Medicare beneficiary in longstanding loophole in the law. Under cur- The recent court decision, all sides agree, Florida, the Federal Government said that rent law, Medicare pays for hospital out- tosses this growing problem into the lap of ‘‘there are no restrictions on the amount patient treatment under Medicare’s Part B, Congress. ‘‘So the question becomes,’’ says that a hospital charges’’ for outpatient serv- which also covers physician costs. Altman, ‘‘why don’t they change the law?’’ ices. In the case of doctors, Medicare pays them Thus far, Congress has shown little inter- While expressing sympathy for Medicare 80 percent of what it considers a ‘‘reasonable est in revamping the law. The major reason: beneficiaries ‘‘burdened by ever-rising medi- and customary’’ amount, based largely on money. Either Medicare—its future spending cal costs,’’ the appeals court has so far re- costs, and beneficiaries pay the remaining 20 already under attack in Congress—would fused to step into the dispute. percent of what Medicare considers reason- have to make up the costs, or hospitals Outpatient services can be a major source able. would lose their windfall and have to absorb When it comes to hospital outpatient serv- of revenue because hospital admissions have the costs. ices, Medicare pays 80 percent of what it con- fallen over the last decade and Medicare has Or the two would have to share the fiscal siders reasonable, based on a complex for- sharply restricted payments to hospitals for pain. For instance, the American Hospital mula that includes the hospital’s costs. inpatient services. Association’s Coyle, insisting that Medicare But beneficiaries, by contrast, are required Spending for outpatient hospital services, has underestimated hospitals’ actual out- to pay 20 percent of the amount that hos- by Medicare and other insurers, has grown patient costs, suggests that hospitals and pitals decide to charge them, rather than 20 twice as fast as outlays for inpatient hos- beneficiaries join forces to compel ‘‘Medicare percent of what Medicare considers reason- pital care, rising 15.7 percent a year since to pay [its] fair share of costs.’’ That idea able. 1980, to $86.7 billion in 1994, while inpatient hasn’t caught on. And that hospital charge can be sizable. As spending rose 7.8 percent a year, to $212.4 bil- Until Congress decides what to do, bene- a result, beneficiaries often find themselves lion. ficiaries should help themselves by being in- paying almost as much as the government Many elderly people have supplementary formed consumers, analysts say. ‘‘Before does for hospital outpatient treatment. insurance, known as Medigap policies, to they go in for hospital outpatient surgery, In a report to Congress last year, HHS’s help pay costs not covered by Medicare, but they should ask about the likely cost to Shalala estimated that Medicare outpatients as they pay more for outpatient services, them,’’ advises AARP legislative representa- on average pay 49 percent of the total pay- their Medigap premiums tend to increase. In tive Patricia Smith. ment made to hospitals for several common December, when the American Association of But that’s only a stopgap solution. With Retired Persons announced premium in- treatments. In part, this is extra income for hospitals. concern in Congress growing, a move to creases averaging more than 25 percent for produce change could occur next year or 1996, it cited the increased use of outpatient If beneficiary copayments for these treat- ments were cut to the 20 percent Medicare shortly thereafter, analysts say. It won’t be services as a major reason. easy: Congress will have to change the law in Under instructions from Congress, the De- believes reasonable, she said, the amount paid by enrollees ‘‘would be reduced by over a way that hospitals, as well as Medicare and partment of Health and Human Services is the taxpayers who finance it, will support. developing a proposal to pay hospitals a $4 billion in 1997 and by $15.7 billion in 2001.’’ Nor is that all. Given the way hospital The ball is squarely in Congress’ court fixed amount, set in advance, for each out- now, says Altman. The Ninth Circuit Court patient service. Medicare could then follow charges are rising, beneficiaries could be paying as much as 68 percent by the year of Appeals has essentially ruled, he adds, its general policy of requiring beneficiaries that ‘‘the law is the law, and it remains for to pay 20 percent of the approved amounts. 2000, Shalala warned. ‘‘This is a windfall for hospitals,’’ says Congress to change it. And that’s what needs Such a system would be complex and would to be done.’’ need approval from Congress. AARP legislative representative Kirsten Sloan. ‘‘There’s no question about it.’’ BENEFICIARY COINSURANCE PAYMENTS ACROSS [From the AARP Bulletin, August 1996] Not surprisingly, hospitals see the situa- tion differently. Under Medicare, hospitals SETTINGS, 1995 MEDICARE OUTPATIENT DEBACLE—HOSPITALS ‘‘are already being paid less than their ALLOWED TO CHARGE MORE FOR OUTPATIENT costs,’’ says Carmela Coyle, the American 20 per- CARE 20 per- cent of Hospital Association’s vice president for Median cent of the na- (By Don McLeod) hospital policy. Procedure OPD coin- the na- tional A federal court ruling has focused new at- Paradoxically, the anomaly in hospital tional physician surance ASC rate fee tention on a growing problem for Medicare outpatient payments stems from an attempt schedule beneficiaries, first reported nearly four years in 1986 to bring outpatient payments closer ago in the Bulletin. to the billing system for inpatients. Cataract removal w/lens insertion ...... $558 $176 $195 Diagnostic colonoscopy ...... 164 79 65 The problem is this: When beneficiaries re- But what Congress actually did in 1986 was Upper GI endoscopy w/biopsy ...... 172 79 51 ceive medical treatment in hospital out- create a temporary payment structure for Diagnostic upper GI endoscopy ...... 150 59 45 patient facilities, they often pay much more determining what Medicare can pay hos- Diagnostic sigmoidoscopy ...... 75 ...... 18 Initial inguinal hernia repair ...... 519 112 92 than their fair share of the bill. pitals for outpatient fees. At the same time, E124 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 ANNUAL HOSPITAL OPD COINSURANCE PAYMENTS FOR On August 3, 1939, Elder Givens married HumphreyÐby supporting Estes Kefauver BENEFICIARIES WHO RECEIVED HOSPITAL OPD SERV- the former Louise Estelle Thomas. Their over Adlai Stevenson in the 1956 Minnesota ICES, 1995 blessed union produced seven children, two of Presidential primary. Many of her Democratic whom preceded Elder Givens in death. In De- friends did not forgive her for that break, and Annual ben- Deciles (percent) eficiary co- cember 1942 Elder Givens moved his family may even have supported the ``Coya Come insurance to Los Angeles, CA. In 1943, he embarked on Home'' campaign. Top 10 ...... $802 a career as a longshoreman, a career that But the story of Coya Knutson is far deeper Top 20 ...... 505 would span nearly 30 years. than the ``Coya Come Home'' letters that Top 30 ...... 335 Top 40 ...... 227 In 1976, Elder Givens was assigned by gained her national notoriety and ended her Median ...... 154 Bishop S. M. Crouch to serve as assistant congressional career. Bottom 40 ...... 103 Bottom 30 ...... 67 pastor to the late Walter Sanders at All Nation In an era when many women in Congress Bottom 10 ...... 20 Church of God in Christ, located in San Pedro, were widows serving out their late husbands' CA. terms, Coya Knutson represented much more. MEDIAN BENEFICIARY COINSURANCE PAYMENTS FOR CAT- During his lifetime, Elder Givens traveled Former Vice President, and Minnesota Sen- ARACT SURGERY FOR HOSPITALS IN THE SAME MSA, throughout California pastoring to the needs of ator, Walter Mondale likened her to Hubert 1995 the sick and the shut-in. He not only preached Humphrey. ``She was full of life,'' he said. the Gospel, he worked to counsel troubled ``She was electric and people liked her. She Median youths, and those who were in need of spir- was kind of like Humphrey. She could go into Percent Median coinsur- Provider of total itual nourishment and fellowship. At his home- a room and get the dead to wake up.'' volume charges ance pay- ment going celebration, person after person rose to When she arrived in Washington, Knutson's Hospital A ...... 39 $2,751 $550 speak of their love and selfless devotion for first choice for a committee assignment was Hospital B ...... 52 1,218 244 this gentle, kind, and always God-fearing man, the Agriculture Committee, where she could Others (2) ...... 10 ...... who loved unconditionally and cherished his champion the cause of the family farmers who Total ...... 100 2,002 400 family and his God. populated her district. But the committee's f Those who knew best of his love for human- chairman ``had no interest in women serving kindÐhis familyÐspoke lovingly of a man who with him.'' Most women of the time would HONORING EUGENE AND DORIS was not only a husband and a father, but of have backed off. Knutson, however, went to HERDMAN ON THEIR GOLDEN a man who was their friend, counselor, spir- Speaker Sam Rayburn and convinced him that ANNIVERSARY itual guide, provider, and protector. she should be on Agriculture. So it was there Mr. Speaker, Elder Givens was a man of she served, and it was there that her grasp of HON. PAUL E. GILLMOR tremendous character and integrity. His suc- issuesÐand her hard workÐeventually earned OF OHIO cess was measured not in material terms, but her the respect of the chairman. IN THE HOUSE OF REPRESENTATIVES in the honorable manner in which he lived his Many of Coya Knutson's legislative priorities life. His devotion to God was unwavering, and still have resonance today. The Washington Tuesday, February 4, 1997 his commitment to the sacrament of marriage Post cataloged her congressional work in a Mr. GILLMOR. Mr. Speaker, I am pleased to and the responsibilities of parenthood, stand story published a short time after her death. extend best wishes to Eugene and Doris as the true measure of this humble servant of In her four years in Washington, Coya Herdman on the occasion of their golden wed- our God. Knutson pushed for the first Federal appro- ding anniversary, February 9, 1997. I, therefore, ask you to join me in celebrat- priations for cystic fibrosis research. She in- Eugene and Doris Herdman have shared a ing the extraordinary contributions of this ex- troduced the first bill to include an income partnership of love and commitment which has traordinary man. In honoring his memory, we tax checkoff for Presidential campaign fi- been an inspiration to all who have known nancing. She created the legislation that extend our condolences to his beloved wife, would eventually establish a Federal student them. Enriched by all of life's experiences, Louise; his children: Nettie, Linda, Gwendolyn, loan program. She supported the equal rights their union has endured and grown stronger Jerry, and Robert; and his 19 grandchildren amendment when labor and many liberals over time. and 9 great-grandchildren, and numerous still opposed it on the grounds that it could Marriage is the principal foundation on friends who mourn his loss. bring an end to legislation enacted to pro- which civilization has been built. The loyalty f tect women in the workplace. and love that Eugene and Doris Herdman Unlike most of the women serving at the have demonstrated through the past 50 years SALUTE TO COYA KNUTSON time, she felt no need to make the big men strengthens the institution of marriage and in- like her. It was that trait, combined with a real creases our faith in the idea of trust between HON. MARTIN OLAV SABO dedication to the job, that tells the real story human beings. OF MINNESOTA of Coya Knutson. As Eugene and Doris Herdman celebrate IN THE HOUSE OF REPRESENTATIVES During her 4 years in Washington, she did this special occasion, I wish them, their two Tuesday, February 4, 1997 much to pave the way for women who would children, Nancy and Jim, and their two grand- later serve in Congress. She overcame obsta- children, Jon and Alison, many years of happi- Mr. SABO. Mr. Speaker, today I would like cles and pushed down barriers that women ness and fulfillment. to pay tribute to Coya Knutson, the only Min- today no longer encounter. She served with f nesota woman ever elected to the U.S. House grace and accepted defeats without bitterness. of Representatives, who died in October at the Coya Knutson showed the Nation that a wom- TRIBUTE TO ELDER WILLIAM age of 84. an's place is not only in the home, but also in ALONZO GIVENS Congresswoman Coya Knutson received the House. For that, Mr. Speaker, the Nation considerable attention in 1958 when her hus- owes Minnesota Congresswoman Coya HON. JULIAN C. DIXON band ignited a nationwide debate over the role Knutson a tremendous debt of gratitude. OF CALIFORNIA of women in politics by sending his now-fa- f IN THE HOUSE OF REPRESENTATIVES mous ``Coya, Come Home'' letters to Min- nesota newspapers. The lettersÐwhich un- RELEASE MONEY TO SAVE Tuesday, February 4, 1997 fairly implied that her public career in Wash- WOMEN’S LIVES Mr. DIXON. Mr. Speaker, I rise to celebrate ington was forcing her to neglect her private the life of Elder William Alonzo Givens, who duties as a wife and mother in MinnesotaÐare HON. ELIZABETH FURSE passed away on Christmas Day, December probably responsible for her close electoral OF OREGON 25, 1996. defeat in 1958 after two terms. IN THE HOUSE OF REPRESENTATIVES Elder Givens was born in Austin, TX, on Before the letters made national news. April 20, 1916, to Arthur Givens and Lizzy Knutson seemed a shoo-in for a third term. Tuesday, February 4, 1997 Burton. He received his ministry license at the Her opponent that yearÐwho ran on the slo- Ms. FURSE. Mr. Speaker, a very important age of 17. In 1929, the Givens family relo- gan ``A Big Man for a Man-Sized Job''Ð vote on family planning will occur by the end cated to Midland, TX, where they continued to helped put her husband up to the letters. It of February. serve God faithfully, ministering to the needs also didn't help that she broke with leaders of The fiscal year 1997 Foreign Operations ap- of many others in the community. the State Democratic PartyÐincluding Hubert propriations bill directs the President to submit February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E125 a Presidential finding to Congress no later family planning in a poor neighborhood of Olivette, and created economic growth for than February 1, detailing whether or not the 15,000 people. In the first six months of this the City of Olivette, and spending restrictions imposed on family plan- year, the clinic staff provided 2,200 medical Whereas he has achieved unprecedented na- consultations, delivered 200 babies, reg- tional success for his company in the con- ning overseas are having a negative impact istered 700 new family-planning users and struction and business communities, and on the proper functioning of those programs. immunized 2,500 children. Whereas he has served the St. Louis busi- The Presidential finding is to be included in There are obvious benefits of such a pro- ness community through leadership and a joint House-Senate resolution on which both gram to Bolivian women, children and fami- dedication, and bodies must vote by February 28. If both the lies, but health and family-planning services Whereas he has unselfishly devoted both House and Senate approve the finding, inter- also help alleviate poverty and contribute to time and effort to the health and welfare of national family planning funds will be released the economic stability of a democratic ally the St. Louis community by supporting on March 1 rather than the current July 1 re- in our hemisphere. Yet opponents of foreign charitable, civic and business organizations, lease date of funds that have already been assistance and particularly of family plan- and ning in Congress are trying to eviscerate Whereas he has demonstrated the highest appropriated. U.S. funding for programs like the one I saw ethical values in the conduct of his business I commend to my colleagues' attention the at PROSALUD. Some argue that the United and personal life, and following column written by First Lady Hillary States has no national interest in the health Whereas his support of educational excel- Rodham Clinton in which she portrays the sit- and well-being of other countries’ citizens. lence has contributed to providing unlimited uation of real women's lives and the urgent Others mistakenly suggest that family plan- opportunity for future business and commu- need for family planning. ning is being used to encourage—rather than nity leaders. Therefore be it TALKING IT OVER decrease—abortions. In fact, our government Resolved, That James J. Murphy, Jr., be has prohibited funding of any overseas honored by the memership of the Creve (By Hillary Rodham Clinton) project that promotes abortion since 1973. Coeur-Olivette Chamber of Commerce as the The pregnant woman wore an alpaca shawl Ignoring this, Congress last year approved 1996 Outstanding Businessperson of the Year. over her blouse and full skirt, the traditional draconian cuts in family-planning assistance Mr. Speaker, I join the chamber and the St. Indian dress in Bolivia. She looked about 36 amounting to a 35-percent reduction in and was attending a prenatal class at a funds. To add insult to injury, the cuts were Louis business community, in honoring Mr. health clinic I visited this week in the Boliv- accompanied by new restrictions that de- Murphy for his continuing service to our com- ian capital, La Paz. She was nursing a 3- layed delivery of aid for the first nine munity. His efforts are an inspiration to us all. month-old baby and expecting her eighth months of the fiscal year. f child, who she hoped would be her last. Similar harsh cuts and delays are included I was in Bolivia to attend the Sixth Con- in the current budget, meaning that many A TRIBUTE TO THE HONORABLE ference of Wives of Heads of State and Gov- organizations could again be denied assist- JUDGE MARY E. MCDEVITT ernment of the Americas. Women from coun- ance for months and then receive it only in tries throughout the Western Hemisphere monthly installments. got together to talk about strategies to According to a recent analysis by five pop- HON. DAVID E. BONIOR eliminate measles, promote education re- ulation organizations, the funding cuts alone OF MICHIGAN form and improve maternal health in our re- will result in an increase of 1.6 million abor- gion. IN THE HOUSE OF REPRESENTATIVES tions, more than 8,000 maternal deaths, and Bolivia, a country of majestic beauty in 134,000 infant deaths in developing countries. Tuesday, February 4, 1997 the heart of South America, was an auspi- Family-planning campaigns at work in cious location for such a discussion. More Mr. BONIOR. Mr. Speaker, I rise to pay trib- Ecllvia and elsewhere represent sensible, women die in Bolivia during pregnancy and ute to the Honorable Judge Mary E. McDevitt cost-effective and long-term strategies for childbirth than in any other country in on the occasion of her retirement from the improving women’s health, strengthening South America. But in the face of this families and lowering the rate of abortion. 39th district court in Roseville, MI. It will be my human tragedy, Bolivia has become a model My husband’s administration remains com- pleasure to enter this statement into the offi- of how one nation can respond to the crisis mitted to the continuation of these invest- cial CONGRESSIONAL RECORD In February of maternal mortality by galvanizing the ments. And I will do everything I can to en- when the 105th Congress convenes. government, non-governmental organiza- sure that U.S. support for these initiatives tions and the medical establishment to Over the years, Judge McDevitt has enjoyed continues. If you share my concern, I hope launch a nationwide family-planning cam- a fine reputation as a distinguished jurist in you will add your votes to mine and give all paign. our community and throughout the State of In a country where half of all expecting women everywhere the same opportunities Michigan. She has demonstrated her legal ex- for their lives we take for granted in ours. mothers go through pregnancy and child- pertise both as a Justice of the Peace in Erin birth alone—without medical attention of f Township and in Roseville where she has any kind—Bolivia’s aggressive effort to edu- TRIBUTE FOR JAMES M. MURPHY served as district judge for 39 years. cate women about their own health and their Judge McDevitt also served as a probation options for childbearing is resulting in safer pregnancies, stronger families and fewer HON. JAMES M. TALENT officer and investigator for adoptive and board- abortions. Without access to family plan- ing home parents as the Macomb County Pro- ning, women in Bolivia—and in many devel- OF MISSOURI bate Court, Juvenile Division. She has been oping nations—often turn in desperation to IN THE HOUSE OF REPRESENTATIVES affiliated with many professional organizations, illegal, unsafe abortions that can end in Tuesday, February 4, 1997 such as the American Bar Association, and death or serious injury. Deaths from abor- has generously volunteered her time for civic tion complications account for half of all Mr. TALENT. Mr. Speaker, today I rise to activities. maternal deaths in Bolivia. pay tribute to one of my constituents, Mr. Mr. Speaker, on the special occasion of her As Bolivia has ably demonstrated, vol- James M. Murphy. Mr. Murphy has been rec- untary family planning teaches women retirement after 39 years on the bench, I ask ognized as the 1996 Outstanding my colleagues to join me in extending best about the benefits of spacing children sev- Businessperson of the Year by the Creve eral years apart, breast-feeding, good nutri- wishes to Judge McDevitt and her entire fam- Coeur-Olivette Chamber of Commerce. This tion, prenatal and postpartum visits and safe ily. Her dedication and commitment will be deliveries. It also decreases the number of award highlights his continuing efforts not only greatly missed. abortions. with the chamber, but with the entire St. Louis f Bolivia’s success at preventing mothers construction and business community. It is in- from dying and lowering abortion rates has deed an honor to recognize his hard work and TRIBUTE TO JIM KELLY been possible, in part, because of help from efforts as an outstanding leader and citizen. the United States and other countries. The The following proclamation was presented U.S. Agency for International Development to Mr. Murphy by the Creve Coeur-Olivette HON. JACK QUINN has provided financial and technical assist- OF NEW YORK ance to help Bolivia establish a network of Chamber of Commerce, in recognition of his IN THE HOUSE OF REPRESENTATIVES primary health care clinics. outstanding accomplishments. The clinic I visited in La Paz is one that Whereas Jim Murphy, president of Murphy Tuesday, February 4, 1997 the United States helped start. Called Company Mechanical Contractors and Engi- PROSALUD (which, loosely translated, neers, has served as the president of the Mr. QUINN. Mr. Speaker, I rise today to means ‘‘for the good of health’’ in Spanish), Olivette Economic Development Commis- honor Mr. Jim Kelly on the occasion of his re- the clinic has doctors and nurses who offer sion, and tirement as quarterback for the Buffalo Bills. round-the-clock prenatal, obstetric and pedi- Whereas his leadership of the Commission Throughout its celebrated history, the Buf- atric services, as well as counseling about has contributed to the economic stability of falo Bills have never enjoyed the tremendous E126 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 success it did under the able leadership of Jim Anniversaries are a time to reflect upon a business communities to enhance, promote Kelly. During his 11-year career, Jim Kelly steadfast tradition of service. It is also a time and sustain the quality of life and economic took the Bills from league obscurity to four to look toward new horizons. Lions have made climate of both communities, and Whereas under her leadership the Chamber consecutive Super Bowls. He amassed nearly it their responsibility to serve those in need by has worked with the City of Creve Coeur and 36,000 passing yards, completing over 60 per- keeping pace with the ever increasing chal- Missouri State Highway Department for im- cent of his attempts. But with Jim Kelly, statis- lenges facing mankind. provements to the I–270/Olive Boulevard tics only tell half the story. His toughness, will Mr. Speaker, it is obvious that the commu- Interchange, and to win, and dedication to his team are truly nity and the members of the club have greatly Whereas under her leadership the Chamber, legendary. benefited from the effort that was started in in partnership with the City of Olivette, es- In addition to his Hall of Fame caliber per- 1947. I ask my colleagues to join me today in tablished that city’s first Economic Develop- formance as a professional quarterback, Jim recognizing the achievements of the LaGrange ment Council, jointly-funded by the Cham- ber and City, and Kelly has proven himself a leader off the field Lions and encourage them to continue to up- in our western New York community. His char- Whereas under her leadership the Chamber hold what has become the standard for serv- established a partnership of governments itable endeavors include an annual celebrity ice in Ohio. and business organizations for expansion of golf tournament to benefit disadvantaged chil- f MetroLink, and dren, involvement with area youth through an Whereas for her outstanding contribution annual football camp, the Kelly for Kids Foun- A TRIBUTE TO MR. THOMAS to the Creve Coeur-Olivette Chamber of dation, and his tireless effort on behalf of STRACK AND MS. CHRISTINE Commerce she was awarded the prestigious Camp Good Days and Special Times for fami- KELLY Outstanding Businessperson of the Year lies dealing with cancer. Award in 1991, and Jim's own family played an important role in Whereas she has been recognized for her HON. WILLIAM O. LIPINSKI community service by the University of Mis- developing the values which made him such a OF ILLINOIS souri-St. Louis, as Volunteer of the Year, leader in the community and with the Bills. His IN THE HOUSE OF REPRESENTATIVES and closeness to his father and brothers, well- Tuesday, February 4, 1997 Whereas she received the President ‘‘C’’ known love and admiration for his late mother, Flag Award for producing and coordinating Alice, and commitment to his new family em- Mr. LIPINSKI. Mr. Speaker, I would like to the ‘‘Teen Talent Showcase’’, and body the true blue-collar values which charac- pay tribute to two outstanding athletes from Whereas she was recipient of the Arthur W. terize our community. my district. Mr. Thomas Strack and Ms. Chris- Page Award for Exceptional Performance in Mr. Speaker, today I would like to join with tine Kelly, who are competing in pairs figure Public Relations for her ‘‘Information for Jim's wife, Jill; his daughter, Erin; his brothers, skating at the Special Olympics World Winter the Disabled’’ Program, a Bell System Award, and Pat, Ray, Ed, Dan, and Kevin; his father, Joe; Games in Canada, February 1 to 8, 1997. Mr. Strack of Palos Heights, IL, and Ms. Whereas she has demonstrated unselfish the Buffalo Bills organization; the National commitment of time and effort through vol- Football League; and indeed, our entire west- Christine Kelly of Oak Lawn, IL, have skated unteer leadership positions, active participa- ern New York community to pay tribute to Mr. together for 6 years and are both veterans of tion and support of many charitable, civic Jim Kelly. With retirement comes many new local, national, and international special olym- and business organizations, and opportunities. May Jim meet every opportunity pics competitions. More important, they are Whereas she has been an inspiration to us with the same enthusiasm and vigor in which good friends, and have forged friendships with all, and many others through the special olympics. Therefore be it resolved that Joan he demonstrated throughout his brilliant ca- Berkman, be honored by the membership of reer; and may those opportunities be as fruitful Tom and Chris, as well as 131 other ath- letes and 29 coaches from Illinois, will join the Creve Coeur-Olivette Chamber of Com- as those in his past. merce for her service as the 1996 President of On behalf of all of the Buffalo Bills fans in more than 2,000 competitors from 90 coun- the Creve Coeur-Olivette Chamber of Com- western New York and elsewhere, I would just tries vying in five different events at the winter merce. games. like to express to Jim our sincere thanks and Mr. Speaker, I join the Chamber and the St. Mr. Speaker, I extend my best wishes to congratulations. Louis business community in honoring Ms. these fine athletes, as well as all the other f Berkman for her continuing service to our courageous participants in the 1997 Special community. Her efforts are an inspiration to us HONORING THE LIONS CLUB OF Olympics World Winter Games. all. LaGRANGE ON THE OCCASION OF f THEIR 50TH ANNIVERSARY f TRIBUTE TO JOAN BERKMAN TRIBUTE TO THE WILFANDEL HON. PAUL E. GILLMOR CLUB OF OHIO HON. JAMES M. TALENT IN THE HOUSE OF REPRESENTATIVES OF MISSOURI IN THE HOUSE OF REPRESENTATIVES HON. JULIAN C. DIXON Tuesday, February 4, 1997 OF CALIFORNIA Tuesday, February 4, 1997 Mr. GILLMOR. Mr. Speaker, it gives me IN THE HOUSE OF REPRESENTATIVES great pleasure to rise today and pay tribute to Mr. TALENT. Mr. Speaker, today I rise to Tuesday, February 4, 1997 an outstanding service organization located in pay tribute to one of my constituents, Ms. Ohio's Fifth Congressional District. On May Joan Berkman. Ms. Berkman is being recog- Mr. DIXON. Mr. Speaker, I rise today to sa- 10, the Lions Club of LaGrange, OH, will cele- nized as the outgoing president of the Creve lute the Wilfandel Club of Los Angeles, CA, on brate their 50th anniversary. Coeur-Olivette Chamber of Commerce. Her the occasion of more than 50 years of service The city of LaGrange is a community re- dedication to community service, through her to the Los Angeles community. Nearly 3 nowned for its civic pride and commitment to work with the chamber and numerous other months into its 52d year, the Wilfandel Club is service. In 1947, it was home to active church- organizations, highlights her as an outstanding as strong today as it was more than five dec- es and school organizations dedicated to help- leader and citizen. ades ago when it organized with a credo of ing others. There was not, however, an agen- The following proclamation was presented promoting civic betterment, philanthropic en- cy which could coordinate these services to to Ms. Berkman by the Creve Coeur-Olivette deavors, and general culture. provide for the entire community. It was de- Chamber of Commerce, in recognition of her Founded on November 4, 1945, the cided to form a Lions Club and after enlisting many accomplishments. Wilfandel Club took its name by combining the 28 good citizens of LaGrange, they became Whereas Joan Berkman, 1996 President of names of its primary founders, Mrs. Della Wil- charter members and joined Lions Inter- the Creve Coeur-Olivette Chamber of Com- liams, wife of the renowned Los Angeles ar- national. merce and Area Manager of External Affairs, chitect Paul Williams, and Mrs. Fannie Wil- It was a good start and the club was active Southwestern Bell, and liams, a noted community leader. Though rec- in the community from the very beginning. Whereas as President of the Chamber she ognized by many in the Los Angeles commu- Throughout its history there has never been a has provided outstanding leadership in her nity for their activism and commitment to so- commitment to develop partnerships be- lack of enthusiasm or volunteer labor for its tween the residential and business commu- cial progress, Della and Fannie could not pen- many projects. In addition, the LaGrange nities, and etrate the barrier of racism which existed Lions Club has been active throughout the Whereas she has challenged, encouraged through out AmericaÐa barrier which ex- years in zone, State and international Lions. and motivated the Creve Coeur and Olivette cluded them and their fellow African-American February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E127 sisters and brothers from most of Los Angeles' budget amendment to the U.S. Constitution. County, Mr. Franchuk has decided to retire. It large hotels and public facilities. During the 104th Congress, the Schaefer- will be my pleasure to enter this statement into Undeterred, Della Williams and Fannie Wil- Stenholm balanced budget amendment the official CONGRESSIONAL RECORD in Feb- liams, joined by a small cadre of like-minded passed the House by a vote of 300 to 132. ruary when the 105th Congress convenes. African-American women determined that they This was due, in no small part, to the diligent For three decades, the residents knew they would marshal forces to raise capital to pur- efforts of Mr. FRANKS. could count on Walt Franchuk to perform his chase and renovate their very own clubhouse. This year, as we prepared to introduce responsibilities with professionalism and com- With the help and support of 50 members, the House Joint Resolution 1, Mr. FRANKs' name petence. One of New Haven's elder states- women set course to do just that, purchasing was inadvertently left off the list of original co- men, he served 10 years as the supervisor of property in the West Adams district of Los An- sponsors. I regret this error. Lenox Township. He was elected in 1962 to geles. Mr. FRANKS is a fiscal conservative and an the County Board of Commissioners, and also The Wilfandel Club rapidly garnered a rep- important member of the House Budget Com- served as chairman in 1985 and 1986. Mr. utation as the place to hold farewell parties for mittee who has led the effort to balance the Franchuk sampled retirement after departing the young African-American men who went off Federal budget. I look forward to working with the board in 1988, but it was short-lived. He to fight America's wars, or for the sons and him again as we prepare to vote on a bal- was elected as a trustee in Lenox Township in daughters who were leaving to attend college. anced budget amendment to the Constitution. 1992. Over the years, the Wilfandel Club has been f On November 6, 1996, he announced his one of the primary venues for thousands of retirement from his long career in politics. He TRIBUTE TO DANIEL C. LAFFERTY wedding ceremonies, numerous community finished where he startedÐas a member of meetings and forums, teas, showers, art ex- the Lenox Township Board. He and his wife, hibits, and dinners. HON. DAVID E. BONIOR Freda, will no doubt enjoy this time as they The club has established a rich legacy of OF MICHIGAN spend their retirement visiting with family. giving back to the community. Honoring found- IN THE HOUSE OF REPRESENTATIVES After 30 years of public service, I thank him ing member's commitment to service, Tuesday, February 4, 1997 for his efforts and commend him for his work. Wilfandel Club members have hosted and/or I am sure that many folks will miss Walt otherwise participated in numerous activities Mr. BONIOR. Mr. Speaker, I rise today to Franchuk and he deserves all the best in the benefiting Community Health Week, Negro pay tribute to Daniel C. Lafferty, who is being future. I ask that my colleagues join me in of- History Week, Los Angeles Beautiful, the honored this evening for his 18 years of serv- fering sincere congratulations to him and his Woman of the Year Program, Sojourner Truth, ice as the director and health officer of the family on the event of his retirement. Negro Business and Professional Women, Macomb County Health Department. It will be Women's DIvisionÐLos Angeles Chamber of my pleasure to enter this statement into the f Commerce, and the Watts Tower Art Center. official CONGRESSIONAL RECORD in February Wilfandel members also have raised thou- when the 105th Congress convenes. A TRIBUTE TO CAPT. RICHARD sands of dollars to support the American Can- Mr. Lafferty has been a public health leader ‘‘DICK’’ TRACY ON HIS RETIRE- cer Society, the Exceptional Children's Foun- in the State of Michigan for many years. He MENT FROM LAW ENFORCEMENT dation, the Foundation for the Junior Blind, as has implemented several community-based well as the National Association for the Ad- health programs that have received local, HON. WILLIAM O. LIPINSKI vancement of Colored People [NAACP]. State, and national recognition. As a dedicated Today, Wilfandel Club members total more and responsive public health advocate, Dan OF ILLINOIS than 60 African-American women, all of whom appreciates the need for cooperation and col- IN THE HOUSE OF REPRESENTATIVES share a vision and commitment to the goal of laboration in order to address community Tuesday, February 4, 1997 enhancing and strengthening the image of Af- health concerns and problems. Over the years Mr. LIPINSKI. Mr. Speaker, I rise today to rican-American women in our society, and in he has worked closely with hospitals in his pay tribute to an outstanding police officer on promoting peace, happiness, and personal communities to improve the quality of health his retirement after more than 40 years in law growth for black women everywhere. For its care for all county residents. enforcementÐCapt. Richard Tracy, the real contributions to the community, the club is the For the past 18 years, the citizens of Dick Tracy. recipient of the Community Service Award, Macomb County knew they could always Captain Tracy, a Chicago native and resi- presented by the California State Attorney count on Dan Lafferty to perform his respon- dent of Garfield Ridge neighborhood in my General. sibilities with professionalism and competence. district, has spent four decades at virtually Mr. Speaker, I am proud to have this occa- To serve the public more ably, he has taken every level of law enforcement, starting as a sion to salute the Wilfandel Club as it enters numerous important leadership positions. Dan Parole Officer walking the beat with the Chi- its 52d year of service as an outstanding Afri- has been active in the Michigan Association cago Police Department in 1956. He worked can-American women's organization. From for Local Public Health, serving 2 terms as his way up through the ranks and various as- humble beginnings, its members have shep- president and 12 years on the Executive signments, including narcotics and burglary in- herded the club to an enviable place in the Council. Additionally, he has served on Blue vestigations, as well as a stint as an investiga- Los Angeles community, as an exemplary or- Ribbon health committees under 3 separate tor with the Cook County State's attorney. ganization dedicated to service and Governors and has chaired a variety of State Captain Tracy made sergeant in 1962, serving empowerment. The Wilfandel Club continues and local health and community planning com- as a patrol supervisor and an instructor in the to live up to the legacy envisioned by its mittees. I applaud his efforts to make Macomb training division. founders. I am pleased to commend club County a better place to live. members on their record of service to the I am pleased to pay tribute to Dan for all his In 1967, he went from the big city to a small community, and ask that you join me in ex- fine work in making Macomb County a town, taking the position of Chief of Police in tending our best wishes for at least 50 more healthier community. As family and friends Pottstown, PA, where he supervised a force of years of outstanding service. and associates gather tonight to honor him, I 36 sworn officers. After 5 years in Pottstown, f am proud to join in saluting Daniel Lafferty. Captain Tracy became Director of Regional f Police of Mid-Monongahela Council of Govern- TRIBUTE TO MR. FRANKS OF NEW ments, an experiment in multicommunity law JERSEY TRIBUTE TO WALTER FRANCHUK enforcement funded by the U.S. Law Enforce- ment Administration. HON. DAN SCHAEFER HON. DAVID E. BONIOR In 1975, he returned to Chicago as a patrol OF COLORADO OF MICHIGAN sergeant, who was soon promoted to lieuten- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ant and, in 1987, made captain, serving as a Watch Commander and Commanding Officer Tuesday, February 4, 1997 Tuesday, February 4, 1997 of the Graphics Arts section. Mr. DAN SCHAEFER of Colorado. Mr. Mr. BONIOR. Mr. Speaker, I rise today to Mr. Speaker, I would like to salute Captain Speaker, I rise today to thank the gentleman pay tribute to Walt Franchuck, a former trustee Richard, ``Dick,'' Tracy for his dedication and from New Jersey [Mr. FRANKS] for all his hard in Lenox Township and friend. After 30 years fine service to law enforcement and best wish- work and effort to help us pass a balanced of devoted service to the people of Macomb es. E128 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 ‘‘POPULATION STILL MATTERS’’ PROFESSIONAL SERVICE TRADE times the length of their training, and subject CORPS ACT OF 1997 them, as well as the legislative branch, to postemployment restrictions in their represen- HON. CONSTANCE A. MORELLA HON. MARCY KAPTUR tation of foreign interests in trade-related mat- ters. OF MARYLAND OF OHIO IN THE HOUSE OF REPRESENTATIVES It is time to stop the revolving door which IN THE HOUSE OF REPRESENTATIVES threatens our trade interests and jobs. This bill Tuesday, February 4, 1997 is an important step in that direction. The Pro- Tuesday, February 4, 1997 Ms. KAPTUR. Mr. Speaker, one key reform fessional Trade Service Corps Act presents a Mrs. MORELLA. Mr. Speaker, the first for- essential to assure strong economic growth in comprehensive strategy for improving the eign policy vote of the 105th Congress may our U.S. marketplace as well as to reduce the quality and integrity of our trade negotiators. chronic U.S. trade deficit, is to upgrade the well take place in the first week of February. We must protect our economic and trade inter- skill level of our U.S. trade negotiators. Amer- This vote will determine the rate of expendi- ests; to do otherwise is to compromise our na- ica must move our products into foreign mar- ture of appropriated funds for international tional security. kets, and assure that our trade negotiators are Mr. Speaker, I urge the support of all of my population assistance. It will have a significant trustworthy. distinguished colleagues and ask that they join impact on the quality of life for men, women, The bill, the Professional Trade Service me in cosponsoring the Professional Trade and children all over the world. I place in the Corps, would achieve these goals by creating Services Corps Act of 1997. CONGRESSIONAL RECORD for the consideration an accomplished professional body of Amer- f of my colleagues an editorial from the Balti- ican trade negotiators. Just like diplomats in more Sun that appeared Saturday, January our Foreign Service, our trade representatives INTRODUCTION OF HEALTHY 18, 1997. are America's conveyors of our Nation's eco- START ACT OF 1997 POPULATION STILL MATTERS nomic and political interests. Specifically, the act authorizes the creation HON. FORTNEY PETE STARK Recent reports indicate that world popu- of the Professional Trade Service Corps to fill OF CALIFORNIA lation growth has slowed, and that is good key trade positions in the six Federal agencies news. But with the number of women of IN THE HOUSE OF REPRESENTATIVES with major trade-related functions or offices. It childbearing age increasing by 24 million Tuesday, February 4, 1997 each year, there needs to be a similar in- will insure better coordination and continuity of crease in the availability of voluntary fam- service among the Office of the United States Mr. STARK. Mr. Speaker, today, I am intro- ily planning programs to maintain the slow- Trade Representative, the State Department, ducing a variation of a bill proposed in the last er rates of growth. the Commerce Department, the Agriculture Congress by our colleague, Representative Unfortunately, Congress has put restric- Department, the Labor Department, and the Sam Gibbons of Florida, to provide universal tions on U.S. aid to voluntary family plan- Treasury Department in their trade-related health insurance for all American children and ning programs, including unconscionable functions. their mothers during pregnancy. The bill, enti- delays in releasing the funds. Next month, We would not allow graduates of West Point tled the Healthy Start Act of 1997, will end the after President Clinton certifies that the to lead foreign armies against our country. We national disgrace of 10 million uninsured chil- funding delays are ‘‘having a negative im- should not allow trade negotiators trained at dren under age 18 and American women pact on the proper functioning’’ of the pro- taxpayer expense to leave Government serv- going through pregnancy without health insur- grams, both Houses of Congress will have a ice and represent foreign interests against the ance and without adequate prenatal care. chance to approve the finding. If they do, The bill is an investment in the future: family planning aid can begin flowing again best interests of our Government. We must March 1, rather than waiting until July. treat this situation as seriously as any inter- healthier mothers and their children will mean national proceeding. a better American work force and economy. Congressional votes on family planning There is a revolving door at the highest lev- This bill has a price tagÐbut it has a pay-out often get tangled up with abortion. But these that is beyond calculation in dollars and in a votes, having to do only with the timing of els of government service that foreign inter- the release of funds already appropriated, ests use to manipulate our trade policies and better quality of life. provide a clean vote on support for voluntary destroy U.S. industries and jobs. This bill will The bill would ensure that every child in family planning. They have nothing to do go a long way to establishing standards to America up to age 18 and every pregnant with abortion. remedy this egregious problem. woman would have health insurance roughly Population growth in itself is not a bad The Professional Trade Service Corps Act equivalent to the Medicare package of bene- thing. But without rises in incomes and pur- will create a cadre of career trade profes- fits, enhanced with pregnancy, well-baby, well- chasing power in the developing countries sionals similar to the Foreign Service, identify child and EPSDT benefits. where most of this increase occurs, contin- key trade-related positions, and staff these po- The bill is very, very simple: If a family does ued growth in the world economy could be sitions with broadly trained experts in this not have this package of insurance through threatened. And as population puts pressures highly specialized area. Just as importantly, it the private market or the workplace, they on land, firewood and other rural resources, establishes a career path for continued gov- would be required to buy it. If they are below poor people flock to cities, creating even ernment service and advancement, encour- the poverty level, they would owe nothing. more stress on fragile water, sanitary and social service infrastructures. In developing ages continuity of staffing with the carrot of in- Above the poverty level, they would buy it on countries, cities usually grow twice as fast centives, and the stick of postemployment re- a sliding scale basis, with premiums paid as the population as a whole. Anyone famil- strictions. through the tax system. iar with Mexico City, Manila or any other This corps of trade professionals will be The bill is a form of individual mandate: megalopolis knows what that can do to the constituted of applicants chosen through a rig- each parent is responsible for doing the right quality of life in urban areas. orous selection process. They will be carefully thing by their kidsÐand the Government's role But the strongest argument for family trained to establish a high level of excellence is to make it affordable. planning aid is the beneficial effect it has on in these key trade positions. We have business alone. the health of mothers and their children. To meet these objectives, this act estab- We allow people to buy private policies as Voluntary programs often provide the only lishes a Trade Service Corps Institute to pro- an alternative. reproductive health care available to women vide specialized training which will include: the We maintain freedom of choice. in developing countries. history of U.S. trade negotiations; trade nego- We don't disrupt families who already have By spacing their children two years apart, tiating strategies; the economics and politics of insurance and are happy with their policies. these women are able to increase the chances trade; the cultural and business practices of The need for this type of legislation is elo- that their infants will survive, while helping countries with which the United States has quently described in Representative Gibbons them preserve their own health. About significant trade relations; foreign language in- introductory remarks, and I refer readers to 600,000 women die in childbirth every year, struction; and instruction in the operations page E1252 of the July 11, 1996, CONGRES- leaving millions of orphans. And each year some 15 million pregnant women are left within and the interrelationships among the SIONAL RECORD. The only difference between with debilitating injuries, infections or other various trade-related agencies. this bill and the original Gibbons bill is that my complications. That is too heavy a toll to This act will require the Professional Trade bill covers all children up to age 18, rather sacrifice to ideological posturing to please Service Corps members to remain in govern- than age 13, and adds the EPSDT benefits as domestic constituencies. ment service for a period of time at least three part of the required coverage for children. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E129 I am also introducing today a bill for a re- ties they wish, would have Uncle Sam bor- market. Greenwich Associates, a consulting fundable, phased-out tax credit to help parents row as much as $7 trillion to pay benefits to firm, says the corporate pension managers it buy a kids'-only health insurance policy. make up for the money that would be in- surveyed expect stocks to average 9.6 percent vested rather than redistributed to retirees, annually for the next five years. Frankly, I think the universal insurance bill that and would finance it all with a 1.52 percent Maybe my harping on the 11.28 percent pro- I've described in this speech is the ideal ap- tax on top of the existing 12.4 percent tax. proach. It is a model of what a civilized nation jected return for stocks is wasting your Let’s concentrate on the idea of putting time. But look what happens when numbers ought to provide for its people. It is the pla- the Social Security fund in stocks, which differ by small amounts over decades. Let’s tonic ideal of a billÐand it is also unlikely to seems more likely to be taken seriously in compare the 11.28 percent a year the council pass in this Congress. The perfect should not Washington than the forced-savings ap- projects with the 10.71 percent a year that be the enemy of the good, and therefore I am proaches. Ibbotson Associates says stocks earned from What all three plans have in common is 1926 through 1996, a 71-year period. also proposing the tax credit legislation as a that they would throw us willy-nilly into a way to help children which is passable in the high-stakes game of retirement roulette, Do the math—don’t try it without a 105th Congress. betting the nation’s financial future (or the compounding calculator—and you see that $1 I remain firm in the faith that when our Na- futures of millions of individual retirees) on invested in 1926 had become $1,372 by last tion's social conscious reawakes, the type of the stock market. The council didn’t start Dec. 31. But if stocks had earned the coun- social insurance universal coverage bill I've out to do this. Initially its members tried to cil’s projected 11.28 percent, our dollar would agree on a cuts-and-taxes fix. But some have grown to $1,975. A big difference, eh? It described in this speech will become the law means that if stocks rise for the next 71 of the land. members feared that sharp tax increases and benefit cutbacks would erode Social Secu- years at the Ibbotson rate instead of the f rity’s political base by making people think council’s rate, Social Security’s stock port- the program is a lousy investment. folio would be worth 30 percent less than the SOCIAL SECURITY How did the council’s biggest faction—6 of council projects. PRIVATIZATION—A RED HERRING 13 members—decide to put 40 percent of the What terrifies me and many Wall Street Social Security fund in stocks? ‘‘That’s the types is the prospect of the government HON. JOHN D. DINGELL amount that makes things come out,’’ says pounding into the stock market running panel member Robert Ball, the former Social prices to the moon with automatic buying, OF MICHIGAN Security commissioner who’s pushing this and then having the market crash on us for IN THE HOUSE OF REPRESENTATIVES plan hard. some reason that we can’t yet foresee. Ball says it’s perfectly safe for Social Se- Tuesday, February 4, 1997 It’s one thing for someone like me, who curity to have its money in the hundreds (or makes a very good living, to bet on the stock Mr. DINGELL. Mr. Speaker, I rise today to thousands) of stocks that make up an index market. I can afford to lose. But betting the such as the Standard & Poor’s 500 or the Rus- share with you the following article from the federal budget on stocks is madness. And sell 3000. Why does Ball say that’s safe? Be- January 14, 1997, business section of the forcing millions of people who don’t know cause unlike individual investors, the gov- Washington Post. Written by Allan Sloan, this stocks from smocks to let the market deter- ernment won’t panic during downturns or be article accurately highlights some of the pitfalls mine whether their retirement dinners will forced to liquidate its holdings at low prices consist of cat food or caviar doesn’t seem with Social Security privatization. The golden to generate cash. goose, which some regard the stock market to Unfortunately, he’s wrong. The Treasury like the way we should treat people. If we’re be, may, in fact, be a red herring. Mr. Speak- would in fact find itself a few trillion dollars going to fix Social Security, let’s do the bor- er, I ask that the above-referenced newspaper in the hole if stocks merely rose at a rate ing, painful things that we know will work. And let’s try to remember the prime rule of article be printed in the RECORD at this point. lower than the council projects. Here’s the problem. In a triumph of statis- economics. There ain’t no such thing as a IN STOCKS AND SOCIAL SECURITY, A FREE tic over common sense, the council’s plans free lunch. LUNCH IS PURE FANTASY all assume that stock prices will rise more If you’re so worried about Social Security quickly than they have in the past. A dubi- f that you stay awake nights, cheer up. A so- ous prospect, considering that stock prices lution is at hand. To ensure a good night’s already are at such nosebleed-high levels TRIBUTE TO ROBERTA STANLEY slumber, sit down at bedtime with the report that even many bulls have gotten nervous issued last week by the Advisory Council on stomachs. Social Security. This 752-page, two-volume Anyone who has studied financial history, HON. JOSEPH P. KENNEDY II opus is so complicated, technical and jargon- even a little, gets very nervous when people laden that it makes your average computer confidently predict what stock prices will be OF MASSACHUSETTS instruction manual look like a comic book. in 75 years. Betting that stock prices will IN THE HOUSE OF REPRESENTATIVES By now, you’re probably over-familiar with keep rising rapidly because they have been the details. The council, formed in 1994, was rising rapidly ‘‘is like the guys on Noah’s Tuesday, February 4, 1997 expected to propose rescuing Social Security ark projecting six more weeks of rain on the by raising taxes and trimming benefits. Sur- 39th day,’’ says Joseph Rosenberg, chief in- Mr. KENNEDY of Massachusetts. Mr. prise! Instead of relying on this traditional vestment strategist at Loews Corp. and one Speaker, one of the pleasures of serving this but painful fix, the council proposed to ‘‘re- of Wall Street’s most respected investors. form’’ the system’s retirement and disability body, is the opportunity to recognize outstand- ‘‘You can’t believe how dumb a government ing individuals from across the Nation. It is programs by betting trillions of dollars on can be.’’ stocks. That’s trillions, with a ‘‘t.’’ Rosenberg points out that stocks don’t with great pride that I rise to congratulate Mrs. Talk about the temptations of a bull mar- necessarily spring back quickly from deep Roberta Stanley of Waltham, MA, who will be ket. Rather than bite the bullet on Social drops the way they did after the 1987 market honored today by the Waltham and Greater Security, we can all chow down on a free crash. Stocks didn’t regain their 1929 highs Boston Business and Professional Women's lunch. Stock market profits will keep baby until 1954, Rosenberg notes, and it took al- Club. boomers fat and happy in retirement; Gen- most 10 years for stocks to match the highs eration X’s taxes won’t go through the roof they reached in 1973. I have had the privilege of knowing Roberta to make the boomers’ golden years glorious. But even absent a 1929 or 1973 disaster, Stanley for many years and can attest to her But you know what? It’s all fantasy. Lots stocks aren’t likely to make the money the outstanding community activism. She has dis- of Americans favor putting some of the funds council projects. tinguished herself through her exceptional into stocks. But if we’re silly enough to try Here’s why. Combining several different as- commitment to helping those in need. In addi- it, it won’t work. Let’s back up a bit before sumptions, the council projects that infla- tion, her dynamic leadership and participation explaining why. tion will be 4 percent a year, bonds will yield in public service, such as serving as a mem- The free lunch proposed by the council 2.3 percentage points more than inflation comes in three varieties, because the mem- and stocks will produce 7 percent more. That ber of the Democratic city committees, has bers couldn’t agree on the most appetizing works out to 6.39 percent for bonds and 11.28 made the city of Waltham a better place to dish. The first would make the federal gov- percent for stocks, says Stephen Goss, dep- live. ernment the world’s biggest stockholder. uty chief actuary of the Social Security Ad- Mr. Speaker, I am sure that I speak for ev- The second would establish a new 1.6 percent ministration. The stock number includes eryone who has either worked with Roberta or tax on Social Security-covered wages and re- capital gains and reinvested dividends. quire people to invest the money in one of a Now, 11.28 percent a year may not strike benefited from her work when I offer my half dozen or so government-sponsored funds. you as a big hurdle, given that stocks earned warmest congratulations and best wishes on The third would require people to save 5 per- three times 11.28 in 1995 and twice as much this special day as she is honored for the cent of Social Security wages in accounts last year. But it’s a huge number. Consider many contributions she has made to the com- holding any kind of publicly traded securi- Corporate America’s expectations of the munity. E130 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 INTRODUCTION OF LEGISLATION er, teacher, and trusted confidant, she REMEMBERING JIM RICE TO CLARIFY THAT FREQUENT harbored a great faith in people, believing that FLIER MILEAGE IS NOT TAX- everyone was capable of growth. During her HON. MARTIN OLAV SABO ABLE journey in this world, Ms. Graber's unwavering OF MINNESOTA activism influenced manyÐyoung and oldÐto IN THE HOUSE OF REPRESENTATIVES HON. BARBARA B. KENNELLY become catalysts of change. Ms. Shirley Ur- Tuesday, February 4, 1997 OF CONNECTICUT sula Graber is a great Point-of-Light whose Mr. SABO. Mr. Speaker, today, I rise to pay IN THE HOUSE OF REPRESENTATIVES citizenship, passion, and accomplishments tribute to the life of Jim Rice, a friend and fel- Tuesday, February 4, 1997 should be saluted as a source of inspiration low Minnesotan who so skillfully served his for all Americans. Mrs. KENNELLY. Mr. Speaker, I rise today State and his community as a member of the to introduce legislation to clarify that frequent From her college days to age 72 when she Minnesota State Legislature for 26 years. Jim flier mileage is not taxable. I believe that fre- succumbed to a grave illness, Shirley Graber's died unexpectedly in October at age 71. But it quent flier miles are not taxable under current principles were placed strategically into action. is not his death that I, his family, and his north law. However, in light of the Internal Revenue She was copresident of Brooklyn NOWÐNa- Minneapolis community will remember mostÐ Service's position in technical advice memo- tional Organization for WomenÐand executive rather it is his life and the colorful force of his randum 9547001 and despite the fact that board member of Brooklyn OWLÐOlder Wom- personality. Jim Rice was often described as one of the technical advice memoranda only apply to a en's League. At Brooklyn NOW, she led just a last few characters to inhabit the Minnesota given taxpayer and set of circumstances, I feel handful of dedicated women to prevent the House. It's been said he could ``strip the bark a clarification is necessary. dissolution of the chapter in the early 1990's. off a debating opponent with verbal broad- The technical advice memorandum would Consequently, the chapter was brought to new sides that used everything from Shakespeare require employers that permit employees to heights of activism and political awareness, to quotations of bar-stool philosophers on Min- use frequent flyer miles for personal trips to and is now 350 members strong with a solid neapolis' north side.'' report as income on workers' W±2 forms the core of active advocates. At Brooklyn OWL, I served with Jim in the Minnesota Legisla- full cost of plane tickets that led to the accu- Ms. Graber influenced the focus and success ture before coming to Congress, and I got to mulation of the frequent flier miles. This simply of the 250-member chapter in its advocacy of see him in action. He was not only a forceful makes no sense. issues especially significant to women in their orator on the House floor, but also a skilled This is one of those areas where taxation golden years. legislator with a deep concern for working would raise a myriad of questions for which Shirley Graber always recognized and at- families, the poor, the arts, and the preserva- there is no single correct answer, such as ap- tion of the rich history of north Minneapolis propriate timingÐwould miles be taxed when tacked any person, effort or idea that threat- ened the social condition of women. She neighborhoods. earned or when used; valuationÐis a mile Prior to serving in the legislature, Jim earned from a credit card equal to a mile spearheaded the formation and served as Chair of the Coalition to Save the Brooklyn served as a Hennepin County Parks Commis- earned by flying a particular airlineÐwhat is sioner, and before that as executive secretary the correct value of a ticket or a free upgrade College Women's Center. This union of wom- en's organizations in Brooklyn fought to save to former Minnesota Gov. Karl Rolvaag. Ear- in light of the fact that any given flight has a lier, he served in the infantry in World War II. the oldest women's center in New York State myriad of service classes; segregationÐdo Jim and his wife Jill made time to lovingly that had been threatened with extinction by employees have to try and keep track of which raise 8 children, and later to spend time with budget cuts. miles were earned for personal travel, which their 11 grandchildren. miles were earned for business travel, and Ms, Graber thoroughly appreciated the his- I will close by including a letter Jim wrote to which miles are earned from using a credit torical transformation of women's rights in congratulate his grandson, John Conor card, or using a particular long-distance car- America. She was dedicated to completing Creber, for learning to read. It is a memento rier? Taxation of frequent flier miles would this transformation and furthering such rights. the family cherishes, and a vivid example of only result in mindless complication and pa- For example, Ms. Graber possessed a fervent Jim's passion for learning. It shows the type of perwork of nightmarish proportions for millions core belief in the need for an equal rights man Jim Rice was: of Americans, the airlines and the Internal amendment to the U.S. Constitution. In honor DEAR JOHN CONOR: Revenue Service. And the Service should re- of her ideas and endeavors, she received the When your pretty mama told Grandma alize this. New York State NOW Woman to Woman Jilly that you had learned to read the other night I wanted to get on the phone right At a time when over 15 million Americans Award. A plaque in her honor is also sched- are enrolled in frequent flier programs and then to tell you how wonderful that news uled for installation in the Women's Hall of suspicion that the Internal Revenue Code is was to me. It was so wonderful that I decided Fame at Seneca Falls, NYÐthe birthplace of that writing to you would be much better. not fair and needlessly complex is at an all the U.S. women's suffrage movement. With your hard work you have developed a time high, it would be sheer folly for the Serv- gift or talent that is greater than almost ice to move in this area. They have opened, Shirley Graber was the daughter of a steel anything that will ever happen to you. Your closed, and reopened several projects to ad- mill union organizer and a strong-minded ability to read is better than any toy in the dress the tax treatment of frequent flier miles mother, who in her 90's is still an outspoken world; it will never break. It is better than over the years, all to no avail. community and women's rights advocate. A your sports equipment; it will never wear I believe that frequent flier miles are not tax- resident of Brooklyn, NY, Ms. Graber was out. It will never get lost or go away from able under current law and should remain that born in Cleveland, OH and moved to New you; it will grow and grow all the days of your life. way. My bill would simply explicitly say that York in 1948 to attend graduate school. She It will be your best friend. It will help you frequent flier miles are not taxable. I urge my first attended Ursuline College in Ohio, the to love other people and they will love you. colleagues' support. first member of her family to obtain a post- It will help you to help other people and they f secondary education. will help you. It works like this; when you don’t know A POINT-OF-LIGHT FOR ALL As evidenced in her life activities, it is dif- something, you get a book or a map or a AMERICANS: SHIRLEY URSULA ficult to determine where Ms. Graber's profes- pamphlet and you learn about it. You don’t GRABER sional, civic, and personal life began and ever have to be afraid or ashamed to say, ‘‘I ended. The fervor and skill with which she car- don’t know,’’ because you will be able to ried out her work as teacher, organizer, and read about it the first chance you get. HON. MAJOR R. OWENS You will make more and better friends; ev- counselor were inextricably connected to her OF NEW YORK eryone likes a person who has read many larger goals of equality and justice for all. Con- IN THE HOUSE OF REPRESENTATIVES books and articles because that person is a sistently, she not only uplifted her community delight with whom to be. Tuesday, February 4, 1997 and her gender, but she improved the quality Your reading will make you laugh and cry. Mr. OWENS. Mr. Speaker, I rise to honor of life for everyone. A consummate team play- It will make you happy and sad. It will teach er, pillar of support, and unifying force behind you about the whole world and all the people the memory of Shirley Ursula Graber, an indi- in the world. vidual who was a committed fighter for racial numerous noteworthy efforts, Shirley Ursula You have always been one of the nicest and gender equality, and social and economic Graber is a great Point-of-Light for all the chil- boys I have ever known. Now, you have the justice. As a social architect, community lead- dren, women, and men of America. ability to give brightness to everyone. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E131 We are all very proud of you and thank you services through the adherence to the highest schedule for part B services. The way the for your hard work. professional standards of veterinary medicine. HOPD law was drafted, however, has caused With Love, The association was founded in 1897 by 13 the beneficiary share of HOPD costs to climb GRANDPA. veterinarians to further cultivate the science to about 45 percent of outpatient department Mr. Speaker, Jim Rice will be missed, but and art of comparative medicine and to pro- revenues. If the law is not corrected, seniors not forgotten. mote livestock production as a branch of the will pay an ever-increasing percentage. f agricultural industry. They also worked to pro- Our bill will stop the rise in the beneficiaries' tect high educational and ethical standards effective percentage payment and return it to INTRODUCTION OF THE COMMOD- within their profession and to promote edu- the 20 percent that Medicare beneficiaries ITY EXCHANGE ACT AMEND- cational opportunities for the veterinarians of were promised. There are reports that the MENTS OF 1997 Minnesota. President's Medicare budget proposal will in- Mr. Speaker, the veterinarians of Minnesota clude a correction of the HOPD problem, but HON. THOMAS W. EWING have been a crucial health care provider for over a 10-year period. The President is to be OF ILLINOIS the animal population in my State for the last congratulated for finally addressing this issue. IN THE HOUSE OF REPRESENTATIVES 100 yearsÐmaking consumers, pets, their We believe it should be done more quickly, and would like to work with interested parties Tuesday, February 4, 1997 owners, and the rural economy of our State a healthier place. I wholeheartedly applaud the to find the best way to pay for this program Mr. EWING. Mr. Speaker, today I am re- 1,400 current members of the association for improvement at the same time we are making introducing legislation to reform the Commod- their dedication and service to the people of other savings to extend the life of the Medi- ity Exchange Act [CEAct] which governs the Minnesota. care part A trust fund. regulation of futures and options on U.S. com- f The HOPD problem is a serious one, with modity exchanges and other risk management no easy solutions. In 1995, the Secretary of financial instruments that are traded in over- TRIBUTE TO LIA B. BOWLER HHS presented a lengthy report to Congress the-counter markets. that discussed a number of possible solu- This legislation is identical to H.R. 4276 in- HON. JAMES M. TALENT tionsÐsee attachment No. 1. We have adopt- troduced in the 104th Congress. Briefly, the OF MISSOURI ed the basic ideas from that report and estab- legislation provides a conditional exemption for IN THE HOUSE OF REPRESENTATIVES lish an HOPD prospective payment system certain transactions involving professional and a correction of what is known as the for- markets, clarifies the effect of the designation Tuesday, February 4, 1997 mula-driven overpayment [FDO]. of a board of trade as a contract market, sim- Mr. TALENT. Mr. Speaker, I rise today to How did this problem arise? Hospital out- plifies the process for submission and dis- honor the outstanding accomplishments of 2d patient departments do all kinds of things like approval of contract market rules, regulates Lt. Lia B. Bowler. In December, Ms. Bowler tests, x rays, and surgeries that the Secretary audit trail requirements, establishes cost-bene- successfully completed Marine Corps Officer of HHS has determined can be safely done in fit analysis requirements, repeals the Com- Candidate School. In the fine tradition of the an outpatient setting. HOPD services are paid modity Futures Trading Commission's defi- corps, she persevered through the rigors of under Part B. The key to the problem lies in ciency order authority, and clarifies the impact the training and was accepted into the elite the fact that Medicare pays HOPD's on a rea- of the section 2(a)(1)(A)(ii) of the CEAct com- group of Americans that serve our country as sonable cost basis and not based on a pro- monly known as the Treasury amendment. officers in the Marine Corps. spective payment system [PPS] or fee system. The purpose of the legislation is to assure Yet, Mr. Speaker, I rise today not only to Since costs are determined retroactively, the the competitiveness of the U.S. futures indus- congratulate Ms. Bowler on her commission, hospitals get paid retroactively by Medicare, try, to preserve the vitality of price discovery but also to recognize her outstanding work for but bill the patient at the time of service. At and hedging functions of the futures markets the Second Congressional District of Missouri. the time the patient gets the service and and to recognize the impact of technology on We had the honor of her service first as an in- leaves the HOPD, we are unable to say for our markets. The legislation I am introducing tern and later as our system administrator. In sure what the patient's 20 percent copayment today is designed to serve as a discussion the almost 2 years she worked in the Wash- is, since there is no set schedule of fees. As document as the House Agriculture Committee ington office, she exhibited a dedication, dili- a result, the system was established in such prepares to debate the many issues involved gence, and professionalism which were highly a way that coinsurance is calculated based on in reform of the CEAct. valued by everyone who worked with her. Al- charges at time of service. The charges, of In an effort to further discussion, the com- though her loss to the Marine Corps will be course, may have little or no relation to costs mittee has requested comment from industry felt by our office, it will be a gain for the Ma- and have crept up over time relative to what representatives directly and indirectly impacted rines. Therefore, it is with great confidence Medicare ends up actually paying for the cost by the CEAct including producer groups, self- that I can say her service as an officer will be of the service. So instead of paying 20 percent regulating organizations, exchanges, the Com- in the highest traditions of the corps. of a set and known fee, the seniors and dis- modity Futures Trading Commission, and the f abled are paying 20 percent of charges. In U.S. Department of Agriculture. I look forward 1996, this has become the equivalent of about to working with interested entities in the indus- INTRODUCTION OF LEGISLATION 45 percent of the total payment to the hospital, try and with my colleagues on both sides of TO CORRECT MEDICARE BENE- Medicare plus coinsurance. the aisle as we proceed with this necessary FICIARY OVERCHARGES IN HOS- There is often a complication in the payment reform. PITAL OUTPATIENT DEPART- system I've just described for certain types of f MENTS services provided in HOPD's, which results in what is called a formula-driven overpayment. If TRIBUTE TO THE MINNESOTA VET- HON. FORTNEY PETE STARK the surgery done in the HOPD is one that ERINARY MEDICAL ASSOCIATION OF CALIFORNIA could have been done in an ambulatory sur- ON ITS 100TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES gery center and ASC's do about 2,700 dif- ferent kinds of procedures, so there is a lot of HON. JIM RAMSTAD Tuesday, February 4, 1997 overlap, then the amount of the Medicare pay- OF MINNESOTA Mr. STARK. Mr. Speaker, I am today intro- ment is calculated differently. The payment IN THE HOUSE OF REPRESENTATIVES ducing with Representative WILLIAM COYNE a calculation is also determined differently for ra- bill to correct a glaring failure in the Medicare diology and diagnostic services performed in Tuesday, February 4, 1997 programÐthe massive over-charging of bene- hospital OPD's compared to other services. Mr. RAMSTAD. Mr. Speaker, I rise today to ficiaries in hospital outpatient departments For these services, the payment is either the pay tribute to the members of the Minnesota [HOPD's]. lower of: One, reasonable cost as I've de- Veterinary Medical Association and its mem- This bill will save Medicare disabled and scribed in the previous paragraph, or two; a bers' 100 years of faithful service to Minneso- senior beneficiaries about $35.7 billion be- blended amount that is based partially on the tans. tween 1999 and 2003. It will stop the steady, reasonable cost in No. 1 and partially on ei- Over the years, the members of the asso- upward climb in the percentage of HOPD ther the ASC payment rate, for surgical serv- ciation have provided exceptional animal costs that beneficiaries have to pay. Usually ices, or the physician fee schedule, for diag- health care, food safety, and public health beneficiaries pay 20 percent of a set fee nostic and radiology services. E132 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 Because of a drafting error in the payment I am also sending a copy of this report to formula, however, Medicare payments for the the Speaker of the House of Representatives. or services paid on the basis of the blended Sincerely, 2. A blended amount comprised of: amount are higher than they should be. This DONNA E. SHALALA. 42 percent of the lower of the hos- Enclosure. pital’s costs or charges, net of de- is because the computation of the Medicare ductible and coinsurance (see 1 payment is done in such a way that it is not FORMULA-DRIVEN OVERPAYMENT TO above): reduced by the full amount of the actual coin- HOSPITALS 42% $550 ...... $231 surance paid by the beneficiary. In contrast, and As mentioned in previous sections, there is for OPD services other than surgery, radiol- 58 percent of 80 percent of the ASC ogy, and diagnostic, every dollar a beneficiary an anomaly that occurs with Medicare’s pay- ment when payment is made under the payment rates, net of deductible: pays in coinsurance results in a decrease of blended rate for hospital outpatient services. 58% (80% $585) ...... 271 $1 in what Medicare pays. As a result of this Beneficiaries pay 20 percent of hospital erroneous payment formula, Medicare pay- charges as coinsurance on most hospital out- Total ...... $502 ments are higher than intended. Furthermore, patient services. Generally, every dollar a The blended amount is the lowest and, hospitals have an incentive to increase their beneficiary pays in coinsurance results in a therefore, the amount the Medicare charges because they will receive more from corresponding decrease of $1 in Medicare program pays. The hospital re- payment. To illustrate, assume a beneficiary ceives: Medicare. This bill would correct this formula- From the Beneficiary ...... $200 driven overpayment. Attachment No. 2 ex- receives a hospital outpatient service for which the Medicare payment is based on the From the Medicare program ...... +502 plains the math in a specific example that lower of the hospital’s reasonable costs or its makes the problem clearer than my words can customary charges. The hospital charges Total ...... $702 describe. $1,000 and its costs are $750. Payment is de- We will be submitting a detailed explanation termined as follows: Medicare payment would be lower if the payment were calculated the way it is for of how this bill will work to restore the proper Total payment to the hospital ...... $750 other hospital outpatient services and, in- balance between hospital billings and the obli- Beneficiary payment ($1,000 20%) ..... ¥(200) gations of beneficiaries. We hope that this leg- stead of removing coinsurance and islation can be enacted soon, before the bur- Medicare program payment ...... $550 deductibles at each step of the payment cal- den on seniors and the disabled becomes culation, the total payment is calculated even more unfair. If the hospital increases its charges, the first and then is reduced by the amount the THE SECRETARY OF HEALTH beneficiary’s coinsurance will increase, the beneficiary actually paid. For example: AND HUMAN SERVICES, Program payment will decrease, but the Washington, DC, March 17, 1995. total amount realized by the hospital will not change. Determine the lower of: Hon. ALBERT GORE, Jr., 1. The lower of the hospital’s rea- President of the Senate, Washington DC. This is not the case for coinsurance paid sonable cost ($750) or its cus- DEAR MR. PRESIDENT: I am respectfully for procedures that are paid on the basis of tomary charges ($1,000) $750 submitting the report on Medicare hospital a blended rate. For example, the blend for outpatient prospective payment as required ASC approved surgical procedures consists of or by section 4151(b)(2) of the Omnibus Budget 42 percent of the hospital’s costs or charges 2. A blend of: Reconciliation Act of 1990 (P.L. 101–508). This net of coinsurance, whichever is less, and 58 42 percent of the lower of costs section requires the Secretary of Health and percent of 80 percent of the ASC payment or charges:. Human Services to develop a proposal to re- rates. Because the blend is determined net of place the current Medicare payment system the coinsurance that would have been paid to (42% $750) ...... $315 for hospital outpatient services with a pro- an ASC (20 percent of payment rates), in- and spective payment system. stead of the 20 percent of charges the bene- 58 percent of the ASC payment The report presents a phased approach to ficiary actually paid, Medicare does not get rate: (58% 585) ...... +339 the establishment of a hospital outpatient the full benefit of the actual coinsurance prospective payment system. For the first when the hospital’s charges exceed the ASC Total ...... $654 phase, a prospective payment system would payment rates. That is, to the extent that 20 be for hospital outpatient surgery, radiology, percent of hospital charges exceed 20 percent Then reduce by beneficiary copay- and other diagnostic procedures. As further of the ASC payment rates. Medicare’s pay- ments to arrive at the Medicare research is completed, the payment system ment is higher than it should be since the program’s payment: could be expanded to cover all hospital out- formula assumes a lower copayment than is Total Payment ...... $654 patient services. The report discusses an issue with the actually provided. Medicare does not receive Beneficiary Payment (20% 1,000) ¥(200) amount of coinsurance that Medicare bene- the benefit of 58 percent of the difference be- ficiaries pay for outpatient surgery, radiol- tween 20 percent of charges and 20 percent of Medicare program Payment $454 ogy and other diagnostic procedures. Current the ASC rate, and the hospital retains the The difference between $502 and $454, or law requires that beneficiaries pay 20 percent amount. For purposes of this report, this of submitted charges. However, in the recent amount is called the formula-driven over- $48, represents the formula-driven overpay- past, hospitals’ submitted charges have sub- payment. ment which occurs under the current blended stantially exceeded Medicare’s payment for The following example illustrates how the payment formulas. these services, so that most of the time bene- blended payment method transfers a portion Moreover, because of the way coinsurance ficiary coinsurance payments substantially of the benefit of coinsurance away from the is accounted for under the current blended exceed 20 percent of Medicare’s payment. If Medicare program to the benefit of hospitals. payment methods, the hospital can further Congress chose to set beneficiary coinsur- The result is that hospitals receive more increase its total payment by simply in- ance at 20 percent of Medicare allowed pay- payment than intended by statute, while the creasing its charges. For example, if the hos- ments, this act would require a substantial Medicare program pays more: pital increased its charge to $1,300 for the increase in program expenditures and also Assume a Medicare beneficiary receives an procedure, the hospital would still be paid could affect payments to providers. Even in- ASC procedure in a hospital outpatient de- cremental modifications in the coinsurance under the blended payment amount but it percentage can have substantial impacts on partment. The hospital charges $1,000, its would receive: Medicare program expenditures. Should Con- costs for performing the surgery are $750, gress decide to modify current coinsurance and the ASC payment rate for the procedure is $585. Assume the annual deductible has From the Beneficiary (20% $1,300) $260 arrangements, the report presents a number From the Medicare program ...... +477 of alternatives and displays their costs to been met. The beneficiary’s coinsurance pay- ment is $200 (i.e., $1,000 20%). The Medicare the Medicare program. Total ...... $737 In addition, the report discusses a related program payment is calculated as the lower problem with the current payment formula of: that results in an unintended increase in Program payment would be computed as follows: Medicare payments—the so-called ‘‘formula 1. The lower of the hospital’s reason- 42 percent of the lower of the hos- driven overpayment.’’ We believe this result able cost or its customary charges, pital’s cost or charges, net of was not intended by Congress. If Congress net of deductible and coinsurance deductibles and coinsurance: chooses to address this issue, the correction amounts: 42% ($750 ¥ $260) ...... $206 can be made separately or as part of the im- $750¥$200 ...... $550 plementation of a prospective payment sys- tem. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E133 June 6, 1944. Even after the Allies established The society has continuously served its and a beachhead, it took more than 2 months of members for 100 years by providing edu- 58 percent of 80 percent of the ASC payment rate net of de- fierce fighting before the risk of the Germans cational and professional information to enable ductible: 58% (80% $585) ...... $271 reversing the invasion had ended. them to better serve the public interest. Its During the last 3 years, Mr. Mooney and code of conduct provides the framework for Total ...... $477 thousands of his comrades have been hon- the highest ethical behavior and professional- In the first illustration, the hospital ored by the Regional Council of Normandy ism issues to protect the public interest. charged $1,000 and received a total payment with the Medaille de Jubile, a decoration com- The committees of the society have assisted of $702. If the hospital merely increases its memorating the 50th anniversary of the Battle state, local, and Federal regulators and other charges to $1,300, it will receive $737. As the of Normandy and the beginning of the libera- government groups in the discharge of their example shows, for a hospital that is paid tion of Europe. oversight of financial reporting, soundness, based on the blend, the more it charges, the Mr. Speaker, I would like to remind our fel- and integrity. more its total payment (beneficiary plus low members and all freedom loving people in Please join me in wishing congratulations to Medicare program payment) will be. As a re- America and the world of the debt of gratitude the New York State Society of CPA's on its sult, the current payment system gives an we owe Mr. Mooney and the heroic soldiers, incentive for hospitals to increase charges. 100th anniversary. sailors and airmen whose efforts at Normandy f (Note: In order to simplify the examples in this section, the blended payment method is marked the beginning of the end of Nazi tyr- anny. INTRODUCTION OF THE MEDICARE shown as it would apply to an individual pro- HOSPICE BENEFIT AMENDMENTS cedure. In determining actual payments to f hospitals, however, the blended payment cal- OF 1997 culation is applied in the aggregate to all of HONORING DR. MENASCHE- the ASC approved procedures a hospital per- LANIADO HON. BENJAMIN L. CARDIN formed during a cost reporting period, not on OF MARYLAND a procedure-by-procedure basis.) HON. ELIZABETH FURSE IN THE HOUSE OF REPRESENTATIVES The same situation exists under the cur- OF OREGON Tuesday, February 4, 1997 rent blended payment methods for hospital IN THE HOUSE OF REPRESENTATIVES outpatient radiology and other diagnostic Mr. CARDIN. Mr. Speaker, I rise today with services. We estimate that the magnitude of Tuesday, February 4, 1997 my colleague, ROB PORTMAN, and more than the formula-driven overpayment that occurs Ms. FURSE. Mr. Speaker, I rise today to 50 additional colleagues to introduce the Medi- under the blended payment method to be recognize a very special woman who provides over $950 million in Medicare program pay- care Hospice Benefit Amendments of 1997. ments to hospitals in 1993—approximately dental care for Soviet Union students who are This legislation will make technical changes 14.8 percent of total payments for these serv- participants in the programs created from the and clarifications to improve the Medicare hos- ices. This total includes $350 million for ASC Freedom Support Act. pice benefit. This is a noncontroversial bill that approved surgeries and $600 million for radi- It is an unfortunate reality that these stu- has true bipartisan support and should be in- ology and other diagnostic services, respec- dents arrive in our country with staggering cluded as part of Medicare reform this year. tively. For surgical procedures, this rep- dental problems. Dr. Sandra Menasche- Hospice care is a vital Medicare benefit. It resents 10.8 percent of total payments to hos- Laniado of Portland, OR, has quietly taken it pitals and 20 percent of Program payments is a coordinated program of palliative medicine upon herself to provide the vital care that and supportive services provided mainly in the to hospitals for these outpatient services. these students require, asking for no monetary For radiology, the formula-driven overpay- home but also in home-like settings that pro- ment represents 19 percent of total payments compensation. vides for physical, psychological, social, and to hospitals and 38.7 percent of Program pay- As an example of her incredible unselfish- spiritual care for dying persons and their fami- ments. By FY 2001, we estimate the formula- ness, she currently is treating one young lady lies. Services are provided by a medically di- driven overpayment for surgery, radiology whose dental treatment will come to the stag- rected, interdisciplinary team of professionals and other diagnostic services to be $6.7 bil- gering total of $3,780. and volunteers. Hospice recognizes dying as lion. Dr. Menasche-Laniado is truly the essence part of the normal process of living and fo- We believe that these formula-driven over- of one person making a difference. She points payments were not intended by the Congress. cuses on maintaining the quality of remaining the way in demonstrating the virtue of com- life. Hospice affirms life and neither hastens If Congress chooses to address this issue, it passion and turning this compassion onto a could be enacted either as a separate change nor postpones death. or as part of a prospective payment system path of positive, meaningful action. I applaud The concept of hospice care emerged in for outpatient services. It should be pointed her work, and I am privileged to have this op- this country in response to the unmet needs of out that, if a prospective payment method portunity to recognize Dr. Menasche-Laniado dying patients and their families for whom tra- for outpatient surgery, radiology and other before this body. ditional medical care was no longer effective, diagnostic procedures is adopted, this change f would automatically occur for those serv- appropriate, or desired. Hospice has become ices. Indeed, we recommend that the pro- CELEBRATING A CENTURY OF an effective alternative to there being ``nothing spective rates be set so that aggregate pay- INTEGRITY else to do.'' The Nation's hospice programs ments to hospitals for these services are no currently provide compassionate care to more higher than current law payments net of the HON. NITA M. LOWEY than 390,000 patients and families each year. total amount of the formula-driven overpay- In 1994, one out of every three people who OF NEW YORK ment. died from cancer or AIDS were cared for by f IN THE HOUSE OF REPRESENTATIVES hospice. Terminally ill Medicare patients who Tuesday, February 4, 1997 TRIBUTE TO JOHN MOONEY elect hospice opt out of most other Medicare Mrs. LOWEY. Mr. Speaker, my distin- services related to their terminal illness and in- guished colleagues, I rise today to call your at- stead receive all of their care through the hos- HON. WILLIAM O. LIPINSKI tention to an important centennial anniversary pice program. OF ILLINOIS that occurred in New York State last month. Hospice is not only a compassionate and IN THE HOUSE OF REPRESENTATIVES On January 28, the New York State Society appropriate form of care for terminally ill indi- Tuesday, February 4, 1997 of Certified Public Accountants celebrated 100 viduals, it is also cost effective. A 1994 Lewin Mr. LIPINSKI. Mr. Speaker, I pay tribute years of distinguished service to the public. study comparing the relative cost of hospice today to an outstanding individual who rep- In fact, the society is the oldest State pro- care to conventional care for Medicare bene- resents hundreds of thousands of Americans fessional accounting association in the Nation. ficiaries with cancer, found that for every dollar who participated in the battle that was the be- The founding members established the soci- Medicare spent on hospice patients, it saved ginning of the end of Nazi GermanyÐthe inva- ety to facilitate and support the establishment $1.52 in Medicare part A and B expenditures. sion of Normandy. of the New York State CPA licensing law, the Based on these findings, the growth and Mr. Mooney, who served in the 2d Armored first such law in the United States. greater utilization of hospice care should be Cavalry Division, was part of the wave of The New York State Society of Certified viewed in a positive light and should be en- brave Allied soldiers that stormed the beaches Public Accountants represents the CPA pro- couraged. and cliffs overlooking the English Channel on fession, which was created to maintain the in- The Medicare hospice benefit was adopted tegrity of our Nation's capital markets. by Congress 1982. Since then, more and E134 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 more Americans have chosen to receive hu- of shortages of certain professionals. Cur- Bible school superintendent with the First mane and cost-effective hospice care. In re- rently, approximately 80 percent of hospices Christian Church, original organizer and board cent years, it has become clear that certain are Medicare-certified or pending certification. member of the Flora Bank & Trust, a charter technical changes are necessary in the Medi- Fifth, our bill amends the so-called waiver of member of the Clay County Historical Society, care hospice benefit not only to protect bene- liability provisions to protect the beneficiary if member of the Flora Elks Lodge, the Amer- ficiaries but to ensure that high quality and a hospice claim is denied by Medicare be- ican Legion, the VFW, Freemasonry, Clay cost-effective hospice services continue to be cause the terminal illness eligibility require- County Shrine Club, and other like organiza- available. ment allegedly was not met. While this bill tions, and cochairman of the Clay County Red The Medicare Hospice Benefit Amendments does not reinstate the waiver of liability pre- Cross financial drive. His willingness to help of 1997, will make six technical changes to the sumption under which providers with low error when asked and his ability as a fundraiser and Medicare hospice benefit. rates were paid before 1996, waiver of liability civic leader should inspire everyone who does First, the bill restructures the hospice benefit for hospice reasonable and necessary denials not think they can make a difference through periods. Under current law, the patient's at- is still available on a case-by-case basis. This volunteering. Not only did he participate on the tending physician and the hospice medical di- means that the hospice may appeal the deni- behalf of numerous worthy causes, but he di- rector must certify that the patient electing als and the beneficiary is not liable for pay- rected his special talents to make these efforts hospice care in lieu of other Medicare services ment. The same process and protection are especially fruitful. A person's time and energy is terminally illÐdefined as having a prognosis needed for denials based on 6-month progno- are often the most valuable gifts they have to of 6 months or less to live if the illness runs sis issues. give, and in Bob's case it has resulted in a its normal course. There are four benefit peri- Last, our legislation allows HCFA to set doc- profound impact on an immeasurable number ods, with recertifications of terminal illness by umentation requirements for physician certifi- of lives. the hospice physician at the beginning of cations. Currently, the statute requires that pa- Mr. Speaker, as a public servant, I am ex- each. The first two periods last 90 days, the perwork documenting the physician certifi- tremely moved by the unselfish acts of others. third is 30 days, and the fourth is of unlimited cation of a patient's terminal illness be com- Bob Ferguson is not only a good friend of duration. pleted within a certain number of days of the mine and the entire 19th Congressional Dis- If a beneficiary revokes a hospice election patient's admission to hospice. This bill will trict of Illinois, but also an exemplary role during a benefit period, the remaining days in eliminate the strict statutory requirements and model. I hope all of our citizens can follow his that period are forfeited. This existing structure give HCFA the discretion, as it currently has lead and look around them to see where they is especially troubling for patients who with- with home health certifications, to require hos- can make a difference. It is an honor to rep- draw from hospice during the fourth hospice pice certifications to be on file before a Medi- resent Bob in the U.S. Congress. period because they then forfeit their ability to care claim is submitted. f elect hospice services in the future. Thus, a In summary, the Medicare Hospice Benefit patient who goes into remission and is no Amendments of 1997 is very similar to the bill 1–800 ‘‘BUY AMERICAN’’ longer eligible for hospice because his or her we introduced last year. The major difference LEGISLATION life expectancy exceeds 6 months, is not able is that we dropped a provision in the 1996 leg- to return to hospice when his or her condition islation to extend the presumption of the waiv- HON. JAMES A. TRAFICANT, JR. worsens. Our bill would correct this problem er of liability that CBO scored with a budget OF OHIO by restructuring the benefit periods so that impact. Therefore, our new bill should be reve- IN THE HOUSE OF REPRESENTATIVES there would be two 90-day periods, followed nue neutral. This Medicare Hospice Benefit Tuesday, February 4, 1997 by an unlimited number of 60-day periods. Amendments of 1997 is noncontroversial and This would also result in more frequent re- is needed to ensure that we have a smoothly Mr. TRAFICANT. Mr. Speaker, I rise today evaluation of patients who outlive their original operating Medicare hospice benefit for our Na- to reintroduce legislation to establish a toll-free prognosis. tion's seniors. I look forward to working with 1±800 phone number consumers can call to Second, our bill clarifies that additional Med- my colleagues to enact this legislation in this get information on products made in America. icare services are availableÐin addition to Congress. Similar legislation I authored was approved those specifically required by the hospice f unanimously by the House in both the 103d rulesÐwhen these services are a necessary and 104th Congress. Unfortunately, the other component of the plan of care. This amend- HONORING THE DEDICATED body did not act on the bill in either Congress. ment is consistent with current HCFA policy. SERVICE OF BOB FERGUSON My bill directs the Commerce Department to The existing statute is ambiguous because the contract out the program to a private com- beneficiary must waive coverage under part B HON. GLENN POSHARD pany. The toll-free number will provide con- for most services when they are related to the OF ILLINOIS sumers with information on products made in terminal illness, but some items are not clearly IN THE HOUSE OF REPRESENTATIVES this country. The bill uses the same definition listed as part of the hospice benefit. For exam- for an American-made product that the Fed- Tuesday, February 4, 1997 ple, diagnostic tests and radiation therapy are eral Trade Commission uses in determining not listed in the definition of hospice care, but Mr. POSHARD. Mr. Speaker, I rise today to uses of ``Made in the USA'' labels. Only those occasionally the hospice team may agree with recognize the dedication and accomplishments products with a sale price of $250 or more the attending physician that these services are of Mr. Bob Ferguson of Flora, IL. Born and would be included in the program. The bill necessary to manage the patient's terminal ill- raised in that community, Bob has devoted his would subject any companies providing false ness. Our bill would ensure that the hospice entire life to helping his friends and neighbors information to Federal penalties. One of the would be able to provide the appropriate care in various capacities and has become the key components of my bill is that the program and that beneficiaries would not be liable for standard by which such service is measured. would be self-financed through the imposition the costs of that care. Last November Bob was named as the 1996 of a modest annual registration fee on partici- Third, our bill amends the core services re- Citizen of the Year by the Flora Chamber of pating companies. quirement to allow hospices to contract for Commerce, and I would like to extend my con- I want to emphasize that my bill will not re- physician services with independent contractor gratulations in regard to this honor as well as quire the Commerce Department to hire more physicians or physician groups. HCFA has in- my thanks for his years of selflessness. people or create a new unit. The only expense terpreted the existing statute as requiring a Bob Ferguson understands the meaning of to the Department would be to prepare lan- W±2 employer/employee relationship between the word commitment. He exemplifies it, as his guage for the Federal Register and to prepare the hospice and its medical director and other life has been a series of enduring relation- bid documents. Let me reemphasize that the staff physicians. This raises corporate practice ships. After serving his country in the U.S. program will be contracted out and run by a of medicine problems in some States, and it is Navy, Bob married his wife Shirley in 1949 private company. All the program would do is increasingly difficult for hospices to recruit and has raised two daughters and been provide American consumers with information part-time physician employees as the trend to- blessed with six grandchildren. He worked for on what products are made in America. ward physician groups continues. the U.S. Postal Service for 32 years while also When making a big purchase, most Ameri- Fourth, the bill allows waivers of certain serving as Flora City commissioner for over 12 cans want to buy American. This program will staffing requirements for rural hospices to be years. His list of achievements in the commu- help them make an informed and patriotic de- granted. Some hospices in rural areas have nity is too large to list in its entirety, but a cision. I urge my colleagues to cosponsor this difficulty becoming Medicare-certified because sampling of its diversity is telling: Assistant bill. The text of the bill is as follows: February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E135 H.R.— (i) shall be collected in each fiscal year in time and energies including the Rich Port Be it enacted by the Senate and House of Rep- an amount equal to the amount specified in YMCA, the Plymouth Place retirement commu- resentatives of the United States of America in appropriation Acts for such fiscal year, and nity and the Chicago Youth Center. Congress assembled, (ii) shall only be collected and available for the costs described in paragraph (2). Ms. Cynthia Breunlin is being honored as SECTION 1. ESTABLISHMENT OF TOLL FREE the Chamber's Woman of the Year. Ms. SEC. 3. PENALTY. NUMBER PROGRAM. Breunlin, the executive director of the West (a) ESTABLISHMENT.—The Secretary of Any manufacturer of a product who know- Commerce shall establish a toll free number ingly registers a product under section 2 Cook Development Corp., has been involved program to help inform consumers whether a which is not made in America or the equiva- with numerous community groups, including product is made in America or the equiva- lent thereof— the NAACP and the Community Diversity or- lent thereof. The Secretary shall publish the (1) shall be subject to a civil penalty of not ganization in LaGrange. Ms. Breunlin, a toll-free number by notice in the Federal more than $7500 which the Secretary of Com- former schoolteacher, has been honored for Register. merce may assess and collect, and her community work by the Girl Scouts, Triton (b) CONTRACT.—The Secretary of Com- (2) shall not offer such product for pur- chase by the Federal Government. Junior College and School District 102. She is merce shall enter into a contract for— a recipient of the prestigious Medgar Evers (1) the establishment and operation of the SEC. 4. DEFINITION. toll free number pilot program provided for For purposes of this Act: Award from the NAACP. in subsection (a), and (1) The term ‘‘made in America or the Mr. David Bennett, executive director of the (2) the registration of products pursuant to equivalent thereof’’ means— West Central Municipal Conference [WCMC], regulations issued under section 2, (A) an unmanufactured end product mined is the chamber's Public Servant of the Year. which shall be funded entirely from fees col- or produced in the United States; or At the WCMC, Mr. Bennett has worked to lected under section 2(b). (B) an end product manufactured in the bring often diverse suburban Chicago commu- (c) USE.—The toll free number shall be United States if the value of its components nities together to solve common problems. Mr. used solely to inform consumers as to wheth- mined, produced, or manufactured in the Bennett not only works for these communities, er products are registered under section 2 as United States equals 90 percent or more of made in America or the equivalent thereof. the total value of all of its components. he makes his home in the area as well. He is Consumers shall also be informed that reg- (2) The term ‘‘product’’ means a product active in his church, St. John of the Cross in istration of a product does not mean— with a retail value of at least $250. Western Springs, IL, as well as the American (1) that the product is endorsed or ap- SEC. 5. RULE OF CONSTRUCTION. Heart Association. proved by the Government, Nothing in this Act or in any regulation Mr. Robert Breen, is being recognized for (2) that the Secretary has conducted any promulgated under section 2 shall be con- Outstanding Community Service by an Individ- investigation to confirm that the product is strued to alter, amend, modify, or otherwise ual. This award is especially appropriate as a product which meets the definition of made affect in any way, the Federal Trade Com- the name ``Breen'' is synonymous with public in America or the equivalent thereof, or mission Act or the opinions, decisions, and service in his community. He and his family (3) that the product contains 100 percent rules of the Federal Trade Commission under United States content. such Act regarding the use of the term have been the driving force behind the annual SEC. 2. REGISTRATION. ‘‘made in America or the equivalent thereof’’ Pet Parade, a trademark event in LaGrange (a) PROPOSED REGULATION.—The Secretary in labels on products introduced, delivered where the community comes together for a of Commerce shall promulgate a regula- for introduction, sold, advertised, or offered day of fun and creativity for all ages. Mr. tion— for sale in commerce. Breen, who also helps manage his family's ex- (1) to establish a procedure under which f tensive dry-cleaning business, is also a recog- the manufacturer of a product may volun- nized leader in the fabricarce industry, as well tarily register such product as complying A TRIBUTE TO THE RECIPIENTS as his local business community. with the definition of a product made in OF THE WEST SUBURBAN CHAM- America or the equivalent thereof and have The Chamber's Outstanding Community Or- BER OF COMMERCE’S ANNUAL ganization this year is the LaGrange Commu- such product included in the information AWARDS available through the toll free number estab- nity Nurse and Service Association, which is lished under section 1(a); celebrating 75 years of service. While La- (2) to establish, assess, and collect a fee to HON. WILLIAM O. LIPINSKI Grange Community Nurse and Service Asso- cover all the costs (including start-up costs) OF ILLINOIS ciation provides a wide array of health care of registering products and including reg- IN THE HOUSE OF REPRESENTATIVES services, the main focus is supplying primary istered products in information provided care for low-income families who do not have under the toll-free number; and Tuesday, February 4, 1997 (3) for the establishment under section 1(a) insurance. The association also provides food Mr. LIPINSKI. Mr. Speaker, I pay tribute for families in emergency situations and cloth- of the toll-free number pilot program. today to five individuals and one organization (b) REGISTRATION FEE.— ing and toys for needy children at Christmas. (1) IN GENERAL.—Manufacturers of products for their outstanding contributions in making Mr. Speaker, I salute these five outstanding included in information provided under sec- my district a better place to live and work. individuals and one great organization on their tion 1 shall be subject to a fee imposed by Their efforts are also being recognized by the good work, and give them my best wishes for the Secretary of Commerce to pay the cost West Suburban Chamber of Commerce, which continued success in serving the people of of registering products and including them will honor them at its 95th annual awards din- their community in the future. in information provided under subsection (a). ner February 8, 1997. f (2) AMOUNT.—The amount of fees imposed The Chamber's Citizen of the Year is Hon. under paragraph (1) shall— Timothy Hansen, who serves as the village TRIBUTE TO WILLIAM H. ‘‘BILL’’ (A) in the case of a manufacturer, not be greater than the cost of registering the man- president of LaGrange, IL. I have had the WEBER ufacturer’s product and providing product in- pleasure to work with President Hansen on formation directly attributable to such man- solving a number of challenges facing his HON. JAMES M. TALENT ufacturer, and community, and I can say that his recognition OF MISSOURI (B) in the case of the total amount of fees, is well-deserved. Mr. Hansen has served the IN THE HOUSE OF REPRESENTATIVES not be greater than the total amount appro- community since 1981, including 4 years as its priated to the Secretary of Commerce for president and 4 years as a member of the Tuesday, February 4, 1997 salaries and expenses directly attributable to registration of manufacturers and having board of trustees. His even-handed manage- Mr. TALENT. Mr.Speaker, I would like to products included in the information pro- ment style and willingness to let all sides be pay tribute to Mr. William H. ``Bill'' Weber, a vided under section 1(a). heard on important issues has made President resident of my congressional district, who has (3) CREDITING AND AVAILABILITY OF FEES.— Hansen well-respected throughout his commu- been named the ``citizen of the year'' by the (A) IN GENERAL.—Fees collected for a fiscal nity. St. Charles Chamber of Commerce. It is my year pursuant to paragraph (1) shall be cred- The Chamber's Man of the Year is Mr. Wil- privilege to call this outstanding community ited to the appropriation account for salaries liam F. Hendrickson, the retired president of leader my friend. and expenses of the Secretary of Commerce Hendrickson Manufacturing. Throughout his Mr. Weber, a lifelong resident of St. and shall be available in accordance with ap- propriation Acts until expended without fis- life, Mr. Hendrickson has been dedicated to Charles, MO, has distinguished himself with a cal year limitation. improving both the business and civic climate lifelong commitment to volunteerism. He has (B) COLLECTIONS AND APPROPRIATION of his community, serving on the boards of im- championed numerous causes with his vision ACTS.—The fees imposed under paragraph portant businesses and charitable organiza- and energy. Mr. Weber has been the driving (1)— tions. Some of the groups he has devoted his force behind the funding of numerous projects, E136 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 including the St. Peters Rec-Plex and the Mr. Speaker, AMVETS Post 22 has been These citizens were honored on February 1, YMCA of St. Charles. He has served on the working hard for 50 years to improve the qual- 1997 by the Dale City Civic Association, one board of directors for Boys Town of Missouri, ity of life for all Americans. Please join me in of the largest, most active and accomplished Missouri K.I.D.S., Lewis and Clark Performing congratulating the AMVETS Post 22 on its citizens associations in the commonwealth of Arts, and United Services for the Handi- 50th anniversary, with best wishes for many Virginia. The Dale City Civic Association was capped. more. created 30 years ago and hosts an annual Mr. Weber knows that giving of yourself is f service awards banquet. In addition, the asso- simply more than donating a check. He under- ciation offers a number of awards and scholar- stands that in St. Charles, as in the rest of the TRIBUTE TO JIM ESHLEMAN ships for college bound students from Dale country, it is volunteerism which drives com- City, monitors development and serves as a munity spirit and cooperation. For all his life HON. GEORGE E. BROWN, JR. sounding board for citizens and businesses. he has embodied those ideals. OF CALIFORNIA I would like to offer my congratulations to A quote recently printed in the St. Charles IN THE HOUSE OF REPRESENTATIVES the award recipients. Chamber newsletter by Mr. Ben Blanton, may Catherine Spellane Citizen of the Year: best describe his character: ``. . . this lion of Tuesday, February 4, 1997 Irene Dell. Ms. Dell is a member of the Dale a man has a teddy bear heart. A lion exterior Mr. BROWN of California. Mr. Speaker, I City Civic Association and volunteers for the to do battle for all the right things of our com- would like to ask my colleagues to join me Dale City Volunteer Fire Department. She has munity, and a compassionate heart to weep today in recognizing the achievements of Jim made significant contributions in raising thou- over those who are in need.'' Eshleman, an aerospace engineer from Cali- sands of dollars for the fire department and Mr. Speaker, I ask you to join me in thank- fornia's Inland Empire. Jim was recently hon- has been instrumental in the success of kids ing Mr. Weber for his dedicated service and ored with 1 of 50 company-wide Nova awards programs run by the volunteer fire department. wishing him continued success. I am honored by Lockheed Martin Corp. The award was pre- She has volunteered much of her time to or- to join the St. Charles Chamber of Commerce sented during a ceremony at the Air and ganize and help the DCCA become the suc- in honoring this outstanding leader and citizen. Science Museum here in Washington last cessful association that it is today. f summer. Youth Citizen of the Year: Kiana Rene Jim was recognized as the flight sciences Trent. Ms. Trent is a sophomore at C.D. HAPPY 50TH ANNIVERSARY, lead for a team that designed and built a Hylton H.S. She is the Class President and AMVETS POST 22 large-scale model of an aircraft that may re- has played a major role in drug awareness place about 3,000 military jets of various de- programs, Just Say No campaigns, and HON. JAMES A. BARCIA signs by the year 2010. Called the ``Joint SADD. She is a member of the student coun- OF MICHIGAN Strike Fighter Demonstration Airplane,'' a one- cil Model United Nations, the swim team, and IN THE HOUSE OF REPRESENTATIVES design-fits-all aircraft that could replace di- the junior varsity cheerleading team, to name Tuesday, February 4, 1997 verse military aircraft. All would be variations a few. In addition to these activities, she has Mr. BARCIA. Mr. Speaker, patriotism is the of the same plane, with but few modifications also won the Martin Luther King oratory con- noblest American virtue. I rise today to pay for each aircraft. test. She is a model student and an accom- tribute to a group of individuals that exempli- Jim brings to his work at Lockheed the his- plished citizen. fies patriotism, the members of AMVETS Post tory and values of his home town Fontana in Firefighters of the Year: Marc Sherman and 22. The AMVETS know service to their coun- my congressional district. Along with his fam- Eric Wyatt. Capt. Sherman and Capt. Wyatt try doesn't end after their military career. They ily, including his six brothers and sisters, Jim are both volunteer firefighters at the Dale City have been providing vital services to not only worked in the Eshleman Meat Co. in Fontana. Volunteer Fire Department Station 13. They veterans but the community as a whole. Jim belonged to the local 4±H Club. In high have progressed from recruits to their present On Saturday, January 25, AMVETS Post 22 school, he took an aviation sciences class and positions as battalion captains. These two in Essexville, MI will celebrate their 50th anni- earned his pilot's license before high school men are true heroes, role models for our versary. But more than celebrating their anni- graduation. He was educated at California youth to emulate. In a recent residence fire, versary, AMVETS is celebrating 50 years of State Polytechnic University, Pomona and the brave efforts of these men saved the life community service and involvement. AMVETS Stanford University. He worked at NASA of a child. They truly perform above and be- is involved in community projects providing Ames Research Center before coming to yond the call of duty and help make DCVFD services not only to veterans but to any mem- Lockheed Martin in 1986 to join the famed second to none. They have both volunteered ber of the community in need. In such activi- Skunk Works. over 1000 hours each. ties as the Caro State Hospital where they At home in my district, we are proud of the Emergency Medical Technician of the Year: held local talent shows with music, singers, contributions Jim is making in the aerospace Angela Goodwin. Lt. Goodwin has been a vol- and dancers, for the patients. The civic mind- field. I ask my colleagues to share this pride unteer EMT with the Dale City Volunteer Fire ed members of AMVETS also pass on our in an American whose work will make a dif- and Rescue Department since 1992. She is a country's patriotic rituals to the public in an an- ference in the way military avionics will de- driving force in the fire department paramedic nual flag disposal ceremony designed to teach velop in the next century. program, providing unsurpassed advanced life the community how to respectfully dispose of f support to patients in life threatening situa- worn out flags. tions. Lt. Goodwin is always available for pub- Yearly Thanksgiving dinner and Christmas HONORING THE AWARD WINNERS lic education, internal training for her crews, as baskets for the needy help assuage hunger OF THE DALE CITY CIVIC ASSO- well as maintaining EMS supplies for three around the holidays, but their concern is not CIATION stations. Additionally, she is responsible for seasonal. In September they hold the white the management of her battalion crew and clover sales where members go out all day HON. THOMAS M. DAVIS must provide constant supervision to assure collecting donations. This money is used for OF VIRGINIA her personnel will be ready to meet any emer- such vital community projects as Special IN THE HOUSE OF REPRESENTATIVES gency situation. Nurse of the Year: Nancy O'Shields. Ms. Olympics and Toys for Tots. Tuesday, February 4, 1997 In an effort to ensure that those who served O'Shields is a nurse at Potomac Hospital. She their country are not forgotten, the AMVETS Mr. DAVIS. Mr. Speaker, it gives me great has been a member of this nursing staff for 24 assist the veterans hospital by taking patients pleasure today to rise and bring to the atten- years and has served as a staff nurse with the on outings and volunteer weekly at the hos- tion of my colleagues some very special and medicalÐsurgical unit until transferred to the pital to make veterans more comfortable. They important people in Dale City, located in emergency department where she worked for also hold Pearl Harbor Day services and Me- Prince William County in the 11th District of several years. Currently, she serves as the di- morial Day services. Virginia. These are individuals who have put rector of outpatient surgical services. In her With an eye to the future, AMVETS provides the welfare of the community, Dale City, VA, spare time, Nancy is active in her church and scholarships for students aiding them in pur- above their own needs and desires, not only sings in the choir. She is a member of the po- suit of higher education in many diverse fields performing their jobs, but going above and be- lice wives association, and she was also very of study. They also foster civic pride amongst yond the call of duty. These individuals have active in the Dale City Little League and the grade school students with their essay and become role models to others in their profes- area schools when her children were young. poster contest. sions and to other volunteers. She is a model citizen within the community. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E137 Police Officer of the Year: First Sergeant lies buy health insurance for their uninsured for uninsured children. At the State level, the Shari S. Williams. First Sergeant Williams de- children. Families who buy an individual chil- current strategy to cover the uninsured is to fill veloped the Police and Community Together dren's health insurance policy will be given a in the gaps in insurance coverage. In July of Program which forms alliances with police offi- 95 percent refundable tax credit against the 1996, Massachusetts adopted coverage ex- cers and citizens in specific neighborhood cost of the policy. pansions for children in Medicaid in the State's watches to solve community problems. The Health insurance equals access to health Children's Medical Security Plan; in New York object of this project is to keep an open dia- care. Access to health care equals better and Florida as well funds were appropriated to logue to address concerns or needs that may health and a better quality of life. It is that sim- extend children's health insurance programs to arise in the community. She has also worked ple. additional children. Although a few States closely with the crime prevention bureau to Health insurance can mean the difference have moved forward to expand health insur- make this program the success it is today. between life and deathÐand between a good ance coverage for children, it is not enough. Community Service Award: Earl Barnes. Mr. quality life and a stunted life. A recent GAO We need to do more. Barnes is a member and 2nd vice president of report provides a concise summary of why the The bill I am introducing today is not a man- the DCCA. He is also a member of the P.W. lack of insurance is so important. date; it does not require any individual to buy County Board Audit Committee, a member of Studies have shown that uninsured children health insurance. It does, however, provide in- the P.W. County Arts Council and the Amer- are less likely than insured children to get centives for the sale and purchase of individ- ican Legion Post, as well as the Treasurer of needed health and preventive care. The lack ual children's health insurance policies, and it Westwind Forest HOA. He is one of the 24 of such care can adversely affect children's does help families, especially very low income students to graduate from the inaugural P.W. health status throughout their lives. Without families, buy a policy of their choice. County Community Leadership Class and health insurance, many families face difficul- The bill would create a refundable tax credit plays an important role as a member of the ties getting preventive and basic care for their of 95 percent of the cost of the premium to 11th District Congressional Federal Employee children. Children without health insurance or buy health insurance for a child. The credit is Working Group. He is always seen as a per- with gaps in coverage are less likely to have available to families based on a computation son that lends a helping hand, and always routine doctor visits or have a regular source of adjusted gross income plus an additional thinks of others before himself. of medical care. . . . They are also less likely $5,000 amount for each child covered. Elementary School Teacher of the Year: to get care for injuries, see a physician if This bill is a small, incremental step forward. Mary Allen. Ms. Allen has been a teacher in chronically ill, or get dental care. They are less It is by no means everything I would like. If I Prince William County for the past 27 years, likely to be appropriately immunized to prevent could waive a magic wand, I would make sure 10 years at Occoquan elementary and 17 childhood illnessÐwhich is considered by that everyone in America had high quality years at Enterprise elementary. She is not just health experts to be one of the most basic ele- health insurance tomorrow morning. That isn't a classroom teacher, she has also been the ments of preventive care. going to happenÐbut this small step, starting grade level chairman, lead teacher and has Numerous studies have underscored the im- with children, could help millions of children served as an enhanced instructional process portance of access to health insurance. De- grow up to be healthier, more productive citi- coach. Additionally, she has recently worked spite the widespread recognition of the prob- zens. Like my amendment which started the on two school review committees. She is al- lem, there are 10 million children in the United COBRA Health Continuation program which ways helping other teachers both in and out of States without health insurance. Said dif- has been used by 40 million Americans, this school. ferently, 14.2 percent of all children are unin- bill could make a world of difference to mil- Middle School Teacher of the Year: Alan sured, according to the latest analysis of the lions of Americans in the years ahead. Graham. Mr. Graham has been a teacher for Bureau of Census' March 1995 current popu- We spend long hours debating whether 20 years. Currently, he teaches computer lation survey by the General Accounting Office there should be prayer in school, but no time science at Beville middle school. Additionally, (GAO). discussing how much parents pray that their he coaches the baseball team, edits the news- Many analysts predict that this figure will children don't get sick because the parents letter, and inspires young thespians. He teach- continue to grow, mainly because private can't pay the bills. We spend days debating es the immigrant students in ESOL class and health insurance continues to decrease. Pri- obscenity on the Internet, but little time debat- has a willingness to adapt his instruction so vate coverageÐemployer-based and individ- ing how obscene it is for a society as rich as that these limited English students can grasp ually-purchased insuranceÐfor children de- ours to have so many children and parents the course content as well as improve their clined steadily between 1987 and 1993, from unable to seek adequate medical care. It's language skills. He always strives to make the 73.6 percent down to 67.4 percent of all chil- time to debate a critical issueÐthe health of lab he works in a better place for kids to learn. dren. Currently 40 percent of children are not our children. High School Teacher of the Year: Jan Polk. covered under their parents' employment To repeat, the bill is not a mandate, but a Ms. Polk has been a teacher in Prince William based health insurance. According to experts chance for the 99.99 percent of parents who County for 32 years. Currently, she teaches at the Center for Health Policy Research at care to have affordable health insurance for social studies at C.D. Hylton high school. George Washington University, one child loses their children. It uses the private market exclu- Each year, Jan plans and organizes a mock private coverage approximately every minute. sively. It is a first step. I welcome cosponsors election. Nearly 1000 people attend and par- Health insurance for children in America is for the bill, and comments and suggestions ticipate in this most interesting exercise of getting worseÐnot better. With the recent at- from the public on ways to improve the bill. civic responsibility. She is well respected by all tack on welfare, and therefore Medicaid, it The following is a summary of the of her students and colleagues at Hylton high may get disastrously worseÐfast. We des- bill: school. Not only does she work with the most perately need to reverse the trend of rising un- CHILDREN’S HEALTH INSURANCE ACT OF 1997 experienced educators, she also assists the insured rates for children. The General Ac- SUMMARY newest first year teachers by sharing mate- counting Office recently issued a report to I. OFFERING OF POLICY rials, strategies, and personal support. Senator CHRISTOPHER DODD, dated June 17, Group health plans must make available Mr. Speaker, I am proud to represent these 1996, entitled ``Health Insurance for Children: outstanding citizens and I know my colleagues qualifying coverage for eligible children Private Insurance Coverage Continues to De- whose parent(s) has group health coverage join with me in congratulating these individuals teriorate,'' The report states under the plan. Group health plans must for their tireless efforts to make Dale City, VA The number of children without health insur- offer coverage at least annually. Each in- a better place to live. ance coverage was greater in 1994 than at surer that offers health insurance coverage f any time in the last 8 years. In 1994, the per- must have available for purchase health in- centage of children under 18 years old without surance for eligible recipients under the age MAKE A COMMITMENT TO of 21. A health insurance policy must be rea- CHILDREN NOW any health insurance coverage reached its sonably priced (it is reasonably priced if the highest level since 1987Ð14.2 percent or 10 premium or other charge for the coverage HON. FORTNEY PETE STARK million children who were uninsured. In addi- does not exceed 150 percent of the average tion, the percentage of children with private price for similar coverage offered in the OF CALIFORNIA coverage has decreased every year since same state). IN THE HOUSE OF REPRESENTATIVES 1987, and in 1994 reached its lowest level in II. BENEFIT PACKAGE Tuesday, February 4, 1997 the past 8 yearsÐ65.6 percent ** *. The benefit package must include benefits Mr. STARK. Mr. Speaker, I am introducing Several States have built on existing pro- provided under Medicare (parts A and B) plus today a bill to help low-income working fami- grams to expand health insurance coverage well child care benefits including newborn E138 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 and well baby care, routine office visits, im- mands great respect in the greater south Members and public witnesses who wish to munizations, routine lab tests, preventive Texas area, Bishop Rene Gracida on the oc- submit their testimony for the hearing record dental care, and EPSDT services. A prescrip- casion of his silver jubilee of his episcopacy. are to provide three copies of their prepared tion drug benefit for catastrophic costs is also included. There is no cost sharing for Twenty-five years ago, on January 25, testimony to the subcommittee by April 4, preventive services. 1972, Bishop Gracida was consecrated a bish- 1997. All Members' requests shall also be III. QUALIFYING DEPENDENT op by Cardinal John Dearden in St. Mary's submitted by that time. A qualifying young dependent is defined as Cathedral in Miami, FL. He came to the dio- Any questions can be directed to Linda Muir an individual who is under 21 years of age, cese of Corpus Christi in 1983, and since that of the subcommittee staff at 202±225±2141. and is claimed as a dependent for tax pur- time, he has ordained 65 men to the priest- Correspondence should be addressed to: Sub- poses. It does not include an individual who hood. committee on Transportation and Related has applied for and who has been determined During the celebration of his 25th anniver- Agencies Appropriations, Attention: Linda eligible for Medicaid. sary, Bishop Gracida will ordain three more Muir, 2358 Rayburn House Office Building, IV. TAX CREDIT men to the priesthood for the diocese of Cor- Washington, DC 20515. Each taxpayer who purchases a health in- pus Christi and three to the diaconate for the TRANSPORTATION APPROPRIATIONS SUB- surance policy for their dependent receives a Society of Our Lady of the Most Holy Trinity. COMMITTEE FISCAL YEAR 1998 HEARING tax credit in an amount up to 95 percent of Bishop Gracida has been a powerful pres- SCHEDULE—FEBRUARY 23–APRIL 5, 1997 the cost of the premium to buy health insur- February 25—Members of Congress and ance for a qualifying dependent. The credit is ence in Corpus Christi and the south Texas public witnesses. available to taxpayers based on a computa- area. He is respected by many people in the February 26—Members of Congress and tion of adjusted gross income plus an addi- community, including this Member. public witnesses (9 am and 1 pm). tional $5,000 amount for each child covered. I wish him the very best on his anniversary March 4—Secretary of Transportation. There is full tax credit provided at the ad- and look forward to his service in the commu- March 6—U.S. General Accounting Office justed gross income of up to $15,000 plus nity for many years to come. (GAO). $5,000 per child covered by the health insur- f March 11—National Transportation Safety ance policy. The ‘‘$15,000’’ figure represents Board, Office of Inspector General (1 pm). approximately 200 percent of poverty for an SUBCOMMITTEE ON TRANSPOR- March 12—Coast Guard. individual under the age of 65. For example, TATION AND RELATED AGEN- March 13—Federal Highway Administra- a family with adjusted gross income of CIES HEARING SCHEDULE tion, National Highway Traffic Safety Ad- $25,000 and two qualifying children would re- ministration. ceive a refundable tax credit of 95 percent of March 18—Federal Aviation Administra- total premium paid for coverage of the two HON. FRANK R. WOLF tion. children. As a family’s income rises and the OF VIRGINIA March 19—Federal Transit Administration, need for a subsidy is less critical, the credit IN THE HOUSE OF REPRESENTATIVES Washington Metropolitan Area Transit Au- phases out. The credit is available only to thority (WMATA). subsidize traditional health insurance cov- Tuesday, February 4, 1997 March 20—Federal Railroad Administra- erage for children. The bill provides for an tion, National Railroad Passenger Corpora- advanced payment structure for 60 percent of Mr. WOLF. Mr. Speaker, as chairman of the Appropriations Subcommittee on Transpor- tion (Amtrak). the tax credit similar to the earned income April 4—Prepared statements for hearing tax credit advanced payment system. A re- tation and Related Agencies, I am pleased to record and Members’ requests due (3 copies). turn relating to premiums received for announce the subcommittee's hearing sched- f health insurance coverage for children would ule for fiscal year 1998. A tentative schedule be required. follows. CONDIT HONORS LOCAL GROUP V. EXCISE TAX The subcommittee will conduct 10 hearings The bill provides for an excise tax on any beginning in late February and concluding HON. GARY A. CONDIT group health plan (25 percent of each pre- March 20, prior to the March district work pe- mium received by the group health plan for OF CALIFORNIA the plan year in which the failure occurs) or riod. The subcommittee will receive testimony IN THE HOUSE OF REPRESENTATIVES from Members of Congress and other public insurer that offers individual health insur- Tuesday, February 4, 1997 ance policies (25 percent of the total amount witnesses on February 25 and 26. Those par- of the premiums paid to the insurer for such ties interested in testifying before the sub- Mr. CONDIT. Mr. Speaker, I rise today to coverage for the plan year in which the fail- committee are directed to submit a letter of re- honor the 100 year anniversary sorority from ure occurs) who fails to offer an individual quest to the subcommittee no later than Feb- my district known as Omega Nu. In early children’s health insurance policy for sale. ruary 14. Every attempt will be made to ac- 1897, five young women attending San Jose The tax would not apply where the failure to offer a children’s health insurance policy was commodate all requests. Members of Con- High School formed the Greek Organization due to reasonable cause and not willful ne- gress and other public witnesses may, without Alpha Chapter of Omega Nu. They spent a glect. The tax would also not occur if the prejudice, submit their testimony for the hear- great deal of time hosting luncheons, dances, failure to offer the plan was corrected within ing record rather than testify in person. Oral and tea parties. Members of the Alpha Chap- a 30 day period. and written testimony will receive the same ter aided in the establishment of chapters in VI. OTHER PROVISIONS consideration. Stockton, Santa Cruz, Oakland, San Fran- Medicaid cost-sharing assistance for quali- Oral testimony will be limited to 5 minutes. cisco, Sacramento, Alameda, and as far north fying children with family income below 150 The subcommittee will receive testimony from as Portland, OR, and Seattle, WA, before laws percent of the poverty line would be financed only one designated spokesperson per organi- outlawed secret sororities on high school cam- 100 percent by the Federal Government. zation, association, municipality, aviation or puses. Not to be deterred the Alpha Chapter There is coordination with other tax provi- transit authority, or group. Witnesses testifying sought out young matrons as members and sions subsidizing health costs to disallow the credit in instances where the taxpayer also before the subcommittee are to provide 25 the society evolved from a strictly social group claims a medical expense for the same pre- copies of their prepared testimony to the sub- to a more charity minded organization. mium cost or claims a deduction for health committee no later than February 20, 1997. At the conclave in 1914, Grand President insurance costs of self-employed individuals. This year, an additional requirement is im- Georgy Landsborough from Sacramento called Grants to states for health insurance out- posed on nongovernmental witnesses present- upon all chapters to ``maintain a special aim reach and information programs would be es- ing oral testimony. Pursuant to clause 2(g)(4) for the sorority namely charity * * * and that tablished. of rule XI of the Rules of the House of Rep- it is up to us to show our critical friends, f resentatives, the Committee on Appropriations through the excellent work that we can do TRIBUTE TO BISHOP RENE requires, to the greatest extent practicable, along this line that we can be a blessing to the GRACIDA each nongovernmental witness who plans to community in which we exist.'' give oral testimony to submit a written state- Distance, war and antifraternity laws im- ment including a curriculum vitae and a disclo- pacted several out-of-State chapters. Thus, HON. SOLOMON P. ORTIZ sure of the amount and source by agency and since the early 1920's, northern California has OF TEXAS program, of any Federal grant or subgrant been home to 13 extremely active Omega Nu IN THE HOUSE OF REPRESENTATIVES thereof, or contract or subcontract thereof, re- chapters; each distinct within their community Tuesday, February 4, 1997 ceived during the current fiscal year or either but with charity remaining the first and fore- Mr. ORTIZ. Mr. Speaker, I rise today to of the two previous fiscal years by the witness most focus of the various chapters. One hun- commend a dear friend and a man who com- or by an entity represented by the witness. dred years of charity includes food baskets at February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E139 Thanksgiving and Christmas time, donating THANK YOU TERRY WATSON have a difference of opinion, and some money and services to the Community Chest, choose to just throw mud. Herb Caen never now United Way, Red Cross, American Field HON. JAMES A. BARCIA threw mud. Service, American Cancer Society, Alz- OF MICHIGAN On Saturday, February 1, the people of heimer's, Salvation Army, Boy Scouts, Girl IN THE HOUSE OF REPRESENTATIVES northern California lost one of it's most be- Scouts, Special Olympics, AIDS, Abused loved figures. Herb Caen was more than just Tuesday, February 4, 1997 Women's Centers, Children's Crisis Centers, a columnist, he was a towering figure in the Meals on Wheels and many other organiza- Mr. BARCIA. Mr. Speaker, in 1776, 13 colo- city where he wrote for the San Francisco tions which have needed our help over the nies declared their independence to form a Chronicle for almost 60 years. Every morning years. Omega Nu also provides clothes for new nation. They put their convictions to pen thousands of people in the bay area and be- destitute families, dental and eye care for and the Declaration of Independence was yond awoke to read Herb's unique blend of young people and contributes money, serv- signed on July 4, 1776. Two hundred years local news, gossip, jokes, one-liners, and polit- ices, and materials to all levels of the edu- later, we continue to celebrate the birth of our ical commentary. In May 1996, Herb was cational system. Many chapters also give Nation. Parades, picnics, marching bands, and awarded a special Pulitzer Prize for his ``ex- scholarships to high school graduates, college barbeques are arranged all over the country. traordinary and continuing contribution as a students and reentry students to help finance However, the Fourth of July weekend would voice and a conscience of his city.'' In addition their college education. not be complete without fireworks. to his column for the Chronicle, he also wrote Terry Watson, president of the Bay City magazine articles, and 12 books including, Each year, the 13 chapters of Omega Nu Fireworks Festival, founded the festival in ``One Man's San Francisco'' and ``Don't Call it compile a journal of all the activities we have 1983 and has contributed to a Fourth of July Frisco.'' taken part in. The number of organizations fireworks display that astounds and aston- In fact, the people of San Francisco admired which have benefited from their years of phil- ishes. Terry took a well deserved 2-year break him so much that upon his public announce- anthropic commitment is unbelievable. In the from his hard work and commitment to enter- ment last summer that he had inoperable lung last 50 years, we have given back to the com- taining Bay City's families. The festival went cancer, the city of San Francisco dedicated a munity over $4,100,000. Besides dollars, the on without him. However, they experienced fi- 3.2-mile promenade stretching from China members have also contributed countless nancial trouble. The citizens requested that Basin to Fisherman's Wharf as Herb Caen hours of their own time and a vast amount of Terry return to revitalize the festival. Terry was Way. Besides being an entertaining writer, and energy, fulfilling the needs of those less fortu- elected president in the fall of 1995. Writing political watchdog, Herb was a crusader, who nate. new bylaws and forming the board of direc- used the power of the pen to tackle injustice, It is my pleasure to recognize such a fine tors, Terry returned full swing with his commit- and to fight for what he believed in. Many organization that has worked so very hard to ment to improving and refining the festival op- credit Herb with saving the cable cars, and make a difference in the community in which erations. preventing the Golden Gate Park from being they serve. Through several fundraisers, the generous paved over by a massive highway project. But support of Tom LaPorte, president and CEO more than anything, it was the way in which f of Mortgage America, the overwhelming sup- Herb lived his life that he will be most remem- port of the community and the dedication of bered for. Whether it was dancing the night A TRIBUTE TO PATRICIA O’BRIEN, Terry Watson and the volunteer board of di- away to a jazz band, or just strolling along his THE ARGO-SUMMIT CHAMBER OF rectors, the Bay City Fireworks Festival, re- beloved waterfront, he always had a good COMMERCE VOLUNTEER OF THE tired the nearly $120,000 debt, and the festival time. I am sure that I am joined by all of north- YEAR continues to thrive and grow, showcasing Bay ern California in saying that we will miss Herb City and all of mid-Michigan. Plans are already Caen. under way and the work has begun for the f HON. WILLIAM O. LIPINSKI 1997 Bay City Fireworks Festival. The citizens TRIBUTE TO THE LATE CHARLES OF ILLINOIS of Bay City can look forward to a spectacular display because Terry's motto is ``Bigger is P. HOWARD, JR. IN THE HOUSE OF REPRESENTATIVES Better.'' Terry is not only committed to entertaining HON. ELIJAH E. CUMMINGS Tuesday, February 4, 1997 the people of Bay City but, as a Bay City po- OF MARYLAND Mr. LIPINSKI. Mr. Speaker, I would like to lice officer, he has protected and served the IN THE HOUSE OF REPRESENTATIVES pay tribute to an outstanding woman who has citizens of Bay City for 25 years. He also Tuesday, February 4, 1997 dedicated much time and effort in bettering the served as the chairperson of the Fraternal Mr. CUMMINGS. Mr. Speaker, I rise today lives of her fellow citizensÐMs. Patricia Order of Police Fireworks Programs for 22 to pay a special tribute to the late Charles P. O'Brien. years. I urge my colleagues to join me in sending Howard, Jr., a lawyer and a great civil rights Ms. O'Brien's efforts will also be recognized congratulations and thanks to Terry for his activist in Baltimore, MD. Feb. 21, 1997 by the Argo-Summit Chamber commitment to help fellow Michiganites cele- Charles Preston Howard, Jr. was born in of Commerce as she is the organization's Vol- brate our Nation's birthday. He has provided Hampton, VA, the son of Charles Preston unteer of the Year. people of all ages enjoyment and awe. Howard, Sr., an attorney, and Louisa Maude A resident of Summit, IL, Ms. O'Brien has f Lewis. The family moved to Des Moines, IA, been active in collecting food, especially in her when he was a child, where he graduated place of work, United Parcel Service, where TRIBUTE TO HERB CAEN from high school in 1939. she is a truck driver. Three years ago, she While in high school, Mr. Howard and his began a food drive at UPS, and in 1996, Ms. HON. SAM FARR two brothers, Joe and Lonnie, founded the O'Brien and her co-workers collected more OF CALIFORNIA Iowa Observer, a neighborhood newspaper than 1 ton of food. Last summer, she helped IN THE HOUSE OF REPRESENTATIVES that grew into a network of four weekly papers that were also published in Indiana and Wis- collect and deliver more than 10,000 pounds Tuesday, February 4, 1997 of extra food from the Taste of Chicago fes- consin. The three youths were greatly influ- tival, and regularly retrieves leftovers from the Mr. FARR of California. Mr. Speaker, the re- enced by their great-uncle, Henry McNeal McCormick Place Convention Center for area lationship between elected officials and the Turner, a turn-of-the-century African Methodist food pantries and homeless shelters. media has historically been one of love and Episcopal bishop whose newspaper, the Voice hate. Those of us in the public eye realize that of the People, crusaded against segregation. Ms. O'Brien has received the Casey Award by entering into the arena we are subject to Charles Howard, Jr. began studying journal- from UPS and the Tom Shay Award from the criticism and commentary from the media. ism at Drake College in 1940 and transferred International Brotherhood of Teamsters for her After you have spent time in public life you to Howard University, where he entered an community service. learn to accept the fact that there are going to Army training program for journalists. As a re- Mr. Speaker, I salute the selfless efforts of be those who disagree with you on a variety porter for the Army Times during World War II, Patricia O'Brien and extend to her my best of issues. Some commentators can give fair, Mr. Howard displayed his disdain and outrage wishes for continued success in the future. and well-reasoned arguments for why they for segregation which would mark his entire E140 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 career. He openly questioned the role of black On December 14, 1996, Charles Preston and Human Services would issue regulations troops fighting for a democracy that promoted Howard, Jr. died of a heart attack at his home to enforce this act. The bill would be become segregation. He suggested in editorials that in the Ashburton section of Baltimore, MD at effective 90 days after enactment. black troops should resist such discrimination, the age of 75. He is survived by his wife of 6 Without this protection, senior citizens do and in two instances there were demonstra- years, the former Jewel White, two sons, not have a real choice. In addition, many sen- tions at Army camps where Mr. Howard was Charles P. Howard III of Los Angeles and ior citizens are not aware of this lack of pro- stationed in England and in the United States. Charles Lattimore Howard of Philadelphia, a tection and may enroll in managed care plans Some changes were initiated by military au- daughter, Catherine Marie Howard of Balti- without knowledge of this problem. Consumers thorities, but it wasn't until May 1948, when more, and another brother, Dr. Lawrence should be able to choose plans without finan- President Truman signed Executive Order No. Howard of Baltimore. cial coercion or penalties, such as the inability 9981, that segregation in the military was Charles P. Howard and his dedication to the to purchase Medigap insurance. For many ended. African-American community will certainly be senior citizens, Medigap benefits are ex- As an aide to Gen. Benjamin O. Davis, the missed in Baltimore and across the country. tremely important because traditional Medicare first African-American general in the U.S. He was an outstanding American who labored does not provide prescription drug coverage. I Army, Howard served on the staff of the Su- tirelessly to ensure that every person enjoyed want to ensure that Medicare beneficiaries preme Headquarters Allied Expeditionary the benefits of true American values. make a choice between equal options. This Force until being discharged at the war's end. According to family members, ``Charlie's life legislation also provides greater freedom and Upon returning to Howard University, work seemed to always orbit around the criti- choice for seniors without forcing them to Charles Howard worked with the lawyers and cal importance of building and nurturing com- cover the costs of higher copayments, participated in the university's support of the munity institutions for the future of humanity deductibles, and prescription drugs. Brown versus Board of Education case, the everywhere.'' This is another common sense health care landmark case that desegregated the Nation's f reform we can pass immediately that should public schools. be supported on a bipartisan basis. President Mr. Howard began practicing law in 1955, MEDIGAP PROTECTION ACT OF 1997 Clinton endorsed this provision as part of his after earning his law degree in 1954 from 1997 budget. We need to pass common- Howard University Law School and an inter- HON. KEN BENTSEN sense, reasonable legislation that will improve national law degree from New York University OF TEXAS the Medicare Program so senior citizens are in 1955. Soon after his graduation from law IN THE HOUSE OF REPRESENTATIVES protected and have real choice. I urge my col- school, Mr. Howard quickly developed a rep- leagues to join me in this effort to strengthen utation as a fearless and colorful defense law- Tuesday, February 4, 1997 consumer protections for Medicare bene- yer. Lawyers impressed by his brilliant de- Mr. BENTSEN. Mr. Speaker, I rise today to fense techniques and verbal pyrotechnics ficiaries. introduce vital consumer protection legislation f often crammed courtrooms to watch him try a for Medicare beneficiaries. The Medigap Pro- case. tection Act of 1997 will provide real freedom to COURT RULING SHOWS WHY CON- ``He was certainly tenacious and he wasn't senior citizens to choose between traditional GRESS MUST CLOSE MEDICARE opposed to taking the bench over difficult fee-for-service Medicare and managed care HOSPITAL OUTPATIENT DEPART- cases,'' said Gloria E.A. Toote, a Harlem law- Medicare programs without risk of penalty. It MENT LOOPHOLE THAT HURTS yer who held positions in the Nixon, Ford, and does so by guaranteeing access to Medigap SENIORS Reagan administrations and got to know Mr. supplemental insurance for seniors who Howard when they were students at Howard choose to enroll in fee-for-service Medicare HON. FORTNEY PETE STARK University. ``Once he was committed, it be- after participating in Medicare managed care OF CALIFORNIA came a moral commitment, and he wouldn't plan. let go. He'd work until he dropped from sheer Congress this year will again debate fun- IN THE HOUSE OF REPRESENTATIVES exhaustion.'' damental changes to the Medicare System. Tuesday, February 4, 1997 In the late 1960's, he established Howard Previous reform proposals would strongly en- and Hargrove, Maryland's first black corporate Mr. STARK. Mr. Speaker, today, Represent- courage Medicare beneficiaries to enroll in law firm, which was in the American Building ative BILL COYNE and I have introduced legis- managed care plans. Nationwide, approxi- on Charles Street. Later, Howard formed How- lation to close the Medicare Hospital Out- mately 13 percent of the Medicare population ard, Brown, and Williams where he retired in patient Department [HOPD] loophole that is already is enrolled in managed care options. I 1985. costing retirees and the disabled billions and In 1966, Mr. Howard ran for the House of support providing freedom of choice for senior billions of dollars a year in improper charges. Delegates and lost, but his race signaled the citizens, but this choice must be real and not On June 25, the U.S. Ninth Circuit Court of developing black presence on the city's politi- coerced. As more senior citizens enroll in Appeals denied a class action motion to re- cal landscape. He later helped elect his broth- managed care plans, we need to ensure that quire hospitals to charge no more than a rea- er, Joseph C. Howard, to the supreme bench they can reenroll in traditional Medicare with- sonable amount for services rendered in of Baltimore City in 1968. Judge Howard, who out losing benefits or paying a financial pen- HOPD's under Medicare part B. was later appointed to the U.S. district court, alty. To quote from the Bureau of National Af- is now retired. Under current law, Medicare beneficiaries fairs' description of the case: Charles Howard, Jr.'s professional member- can enroll in either a managed care product or At the center of this case is a fight over ships included the Professional Ethics Com- traditional Medicare Program. Many enrollees cost sharing, and in particular, how much of mittee for Legal Aid to the Indigent, the Na- in traditional Medicare choose to purchase the cost beneficiaries should be responsible tional Bar Association, the American Society supplemental insurance policies, often called for,’’ the appeals court wrote. It explained of International Law, and the Maryland State Medigap, to cover the cost of copayments, that under the basic formula for Part B serv- Bar Association. He was active in the NAACP, deductibles, and other uncovered benefits ices, a beneficiary must pay 20 percent of the the YMCA, and the Boy Scouts of America. such as prescription drugs. When Medicare reasonable charges for the items and services beneficiaries make this initial choice, current rendered and the federal government pays a He was also a member of the board of Arena lesser of the reasonable cost of such services Players Theater Co. and in 1971 was named law protects them by requiring all insurers to or the customary charges, but in no case to the board of the Maryland Public Broadcast sell Medigap insurance. Regrettably, this may the payment exceed 80 percent of the Commission by Gov. Marvin Mandel. He also consumer protection is not provided after the reasonable cost. [emphasis added] was acting president of Bay College until the initial enrollment period. The court explained that the cost-sharing school closed in 1978. Mr. Howard was also This legislation would require guaranteed arrangement is known as the ‘‘80–20 split,’’ a member of the St. James Episcopal Church issue of Medigap policies for those senior citi- but the label is misleading because of the where was an active member. zens who choose to enroll in traditional Medi- total amount paid to the provider, the bene- In recent years, Mr. Howard was most con- care after leaving a managed care Medicare ficiary’s share typically exceeds 20 percent. That share rises because the Health Care cerned about economic alternatives to welfare Program. This bill would require any issuer of Financing Administration reimburses on the dependency and worked with and counseled Medigap insurance to provide an annual en- basis of the hospital’s costs, while the bene- black businessmen. A popular tenet of How- rollment period of 30 days for those Medicare ficiary owes a percentage of hospital ard's was that the successful had an obliga- beneficiaries who reenroll in the traditional charges. Because providers normally charge tion to help those in need. Medicare Program. The Secretary of Health above cost, the beneficiary’s share represents February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E141 something more than 20 percent of the total higher level of training opportunities. In 1975, Today we join his friends and family in re- payment to the hospital. Greg founded the Kings Park Employees Fed- membering Bob DeMars and thank him for the Carol Jimenez, an attorney for the Los An- eral Credit Union and served as the union's growth and encouragement he gave to our geles-based Center for Health Care Rights community and its people. and the appellants’ lead attorney, said the president until 1996. ruling ‘‘will result in both beneficiaries and Throughout his career, he formed many He is greatly missed. the Medicare program paying more for hos- civic groups and became extremely active in f local civic affairs. His involvement with the pital outpatient services.’’ INTRODUCTION OF EWING-LEWIS In an announcement following the deci- union as an advocate and organizer led him to LENDER AUDIT LEGISLATION sion, Jimenez cited a General Accounting Of- many positions on the local, regional, and fice report finding that Medicare patients’ statewide levels where he could continue to cost sharing, as well as Medicare’s costs, work for the good of all. HON. THOMAS W. EWING vary dramatically for the same service de- Since his retirement in 1988, Greg has con- OF ILLINOIS pending on where it is received. For example, tinued to stay fully involved in civic affairs. He IN THE HOUSE OF REPRESENTATIVES cataract surgery that cost a patient $1,200 in a hospital [plus additional amounts paid by serves as the facilitator for the Northwest Civic Tuesday, February 4, 1997 Medicare] would cost a patient only $250 and Coalition and the Suffolk Community Alliance, Mr. EWING. Mr. Speaker, in partnership the Medicare program only $1,000 if per- whose membership includes all the major civic with Mr. LEWIS of Kentucky, I have introduced formed in an independent surgical center. coalitions in Suffolk County. a bill which will repeal an ineffective and bur- * * * the Ninth Circuit * * * concluded, Greg is truly one of Kings Park's treasures densome regulation now mandated by the ‘‘While we are sympathetic to the plight of and has been a driving force in ensuring that Higher Education Act of 1965, as amended by Medicare beneficiaries who are burdened by Kings Park is a better place to live in. ever rising medical costs, we conclude that the Higher Education Amendments of 1992. I ask my colleagues to join with me in salut- This act blindly requires all lenders who par- ‘‘none of [the existing laws] compels HHS to ing Gregory Szurnicki who has provided a life- limit the charges. ticipate in the Federal Family Education Loan The court wrote that Congress is aware of time of service to his country and his commu- Program to perform expensive, comprehensive both the cost-shifting problems and HHS’ nity, and in congratulating him on being annual audits on their student loan portfolios. failure to ‘‘correct’’ it. ‘‘* * * Congress is named the 1996 Man of the Year by the Kings Similar legislation was included in the continu- aware of the issue—indeed Congress may Park Chamber of Commerce. ing resolution adopted for fiscal year 1997, have caused the problem by introducing pro- f and thus expires on September 30 of this spective payment for some services but not year. Passage of this bill will permanently ex- others—and that Congress has deliberatively MICHIGAN STATE REPRESENTA- declined to address it. TIVE ROBERT A. DEMARS tend the lender audit exemption. The court also noted that Congress is In our respective districts, the gentleman studying the feasibility of a prospective pay- from Kentucky and I represent small banks ment system for hospital outpatient services HON. JOHN D. DINGELL and credit unions which maintain and service which could address the beneficiaries con- OF MICHIGAN small student loan portfolios in compliance cerns. ‘‘Thus, we decline the beneficiaries’ IN THE HOUSE OF REPRESENTATIVES with the Federal Family Education Loan Pro- invitation to preempt congressional action Tuesday, February 4, 1997 gram. The profit on these portfolios is esti- in this very delicate area of public policy,’’ mated to be around $3,000 to $5,000 annu- the court wrote. Mr. DINGELL. Mr. Speaker, I rise today to honor a great man and friend, former Michigan ally, while the audit required by the Depart- Mr. Speaker, it is way past time that Con- State Representative Bob DeMars. Bob was ment of Education costs anywhere from gress acted to correct this multi-billion dollar devoted to his family and committed to his $2,000 to $14,000 annually. As you can see it cost shift onto retirees and the disabled and to work and his cherished memory will not fade does not make sense for small lenders to fulfill Medicare's promise of an 80±20 copay from the hearts and minds of those who knew service these loans and participate in the system. and loved him. FFEL program. In fact, many small lenders are f Bob died as he lived: serving the people of selling their portfolios and leaving the student his district in Lincoln Park, Melvindale, Ecorse loan business altogether. This is not fair to IN RECOGNITION OF GREGORY student borrowers in rural areas who are in- SZURNICKI and Allen Park. As a Michigan native, Bob spent his entire creasingly unable to utilize lending institutions life in public service, first as a teacher, then as that they are familiar with. This is also not fair HON. GARY L. ACKERMAN mayor, city councilman, city treasurer, and to smaller lenders who wish to service and OF NEW YORK State representative. maintain student loans. If this policy is en- IN THE HOUSE OF REPRESENTATIVES Bob taught for 26 years in the Lincoln Park forced, small lenders will be effectively cut out Tuesday, February 4, 1997 Public Schools. He served as a local president of the student loan business and consumers for the Michigan Education Association and as will be denied the opportunity to do business Mr. ACKERMAN. Mr. Speaker, I rise today a local president, state vice president, and na- at their local bank. with great pride to share with my colleagues in tional vice president of the American Federa- I contacted the Department of Education the House of Representatives the story of a tion of Teachers. about the possibility of a waiver or alternative man whose entire life has been committed to Bob was a veteran of World War II where to this detrimental mandate. The Department making the lives of others better. he served in the U.S. Navy's Submarine Serv- stated, ``* * * lender audits are required by I speak of Gregory Szurnicki, who was hon- ice. He introduced many bills to assist veter- statute * * *'' and that the ``* * * statute does ored on January 25, 1997 by the Kings Park ans, introducing legislation that provided spe- not provide authority for the Department to Chamber of Commerce as the 1996 Man of cial license plates for veterans of World War waive the annual audit based on the size of the Year. I, World War II, and the Korean and Vietnam the lender's FFEL portfolio or the cost of the The youngest of nine children, Gregory en- wars to honor those who served their country. audit.'' Furthermore, according to the Depart- tered the Armed Forces shortly before his 20th In community service, Bob served as presi- ment of Education's Office of the Inspector birthday to fight in World War II. He, like many dent of the Lincoln Park Jaycees and the Lin- General, lender portfolios totaling less than other courageous young soldiers, landed on coln Park Kiwanis Club. He was also a mem- $10 million do not even have to send their Omaha Beach in Normandy, France on D-day, ber of the American Legion, V.F.W., Chamber audit to the Department for review. They are June 6, 1944. Five campaigns later, the war of Commerce, Eagles, Masons, Scottish Rite, only required to ``* * * hold the reports for a ended for him just outside of Berlin, Germany Shriners, Moose, Optimists, Historical Society, period of 3 years and shall submit them only and 1 year later was discharged from military and the P.T.A. He sponsored two Little if requested.'' That means lenders waste thou- service. League baseball teams. In the Democratic sands of dollars on a compliance audit that is After the war, he settled in Suffolk County, Party, Bob served as vice-chairman of the never sent anywhere or reviewed by anyone. and began working at the Kings Park State 26th District and was a precinct delegate. He I have no doubt that protecting the integrity of Hospital in charge of 85 patients during the was a member of the Michigan Democratic the Student Loan Program is important to all evening shift. It was here that he began his ef- Party and the Lincoln Park, Allen Park and of us. However, this current situation does not forts to improve the quality of life of the pa- Melvindale Democratic Clubs. protect any portfolios under $10 million be- tients and the employees. He effected such Bob's 15-year-old daughter Maeann and cause no one reviews the results of the audits. changes as improved patient-staff ratio, up- wife of 32 years, Deanie were the light of his The Office of the Inspector General at the ward mobility through career ladders, and a life. Department of Education has also expressed E142 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 concern regarding this burden in their semi- Mr. Speaker, I urge all Members to cospon- tunity'' that could be used to purchase either annual report (October 1993±March 1994) sor my bill. As a Congress, we need to show private rehabilitation or State vocational reha- stating, ``* * * we are concerned that the cost the American people that we are sincere bilitation [VR] services, replacing the current may outweigh the benefits of legislatively re- about making America a strong nation once system which automatically refers individuals quired annual audits of all participants, regard- again. to the State VR agency. Under this new sys- less of the size of participation or the risk they f tem, which would be implemented first as a represent to the program.'' In this report the demonstration project, providers of VR serv- Inspector General recommends that a thresh- STATEMENT ON THE TRANSITION ices would get paid for results, not services. old be established for requiring an institutional TO WORK ACT Providers would receive one milestone pay- audit, ``* * * and we continue to believe that ment upon an individual's initial placement into a threshold is necessary for both the institu- HON. BARBARA B. KENNELLY employment, and then for 5 years thereafter tional and lender audits. Such a threshold OF CONNECTICUT would receive 50 percent of the amount the DI would eliminate the audit burden for the small- IN THE HOUSE OF REPRESENTATIVES trust fund is saving because an individual has er participants in the program while helping Tuesday, February 4, 1997 left the rolls for work. Payments to providers assure that scarce departmental resources are would actually occur in the second through focused on the areas of greatest risk.'' Mrs. KENNELLY. Mr. Speaker, I am intro- sixth years of employment since individuals The Ewing-Lewis bill works in concert with ducing legislation today to help Americans still receive cash disability payments during the Department of Education and the authoriz- with disabilities return to work. The Transition their first year of employment. Not only would ing committee which have expressed the need to Work Act would provide Social Security Dis- this proposal increase the overall availability for an audit threshold. This legislation will help ability Insurance [SSDI] recipients with three and choice of vocational rehabilitation services the little guy in the student loan business and important bridges to employment. First, contin- for disabled Americans, but it would also guar- ensure consumer choice and convenience. ued Medicare coverage for those leaving the antee that payment for those services reflect Please support this sorely needed legislation. rolls for work; second, a disabled worker tax savings to the SSDI trust fund. f credit to cushion the loss of disability benefits Let me say that it is no easy task for Ameri- and to make work pay; and third, greater INVESTMENT IN AMERICA ACT cans to leave the disability rolls for work. After choice in vocational rehabilitation providers. all, these same individuals were forced to The legislation is supported by the Arc, the leave employment because of the severity of HON. JAMES A. TRAFICANT, JR. American Rehabilitation Association, the their disability. However, we can and should OF OHIO American Association of University Affiliated do more to help disabled individuals make the IN THE HOUSE OF REPRESENTATIVES Programs, American Network of Community transition back to employment. Every SSDI re- Tuesday, February 4, 1997 Options and Resources, American Psycho- cipient we help return to work, means one Mr. TRAFICANT. Mr. Speaker, every ses- logical Association, American Speech-Lan- more person attaining a higher standard of liv- sion since coming to Congress in 1985, I have guage-Hearing Association, Bazelon Center ing. In addition, it also means fewer dollars introduced a bill to reinstate a 10-percent do- for Mental Health, International Association of leaving the Social Security trust fund. I hope mestic investment tax credit [ITC] for the pur- Business, Industry and Rehabilitation, National my colleagues will join me in this effort to re- chase of domestic durable goods. I am reintro- Easter Seal Society, National Multiple Sclero- duce the barriers facing those with disabilities ducing this bill today, and I invite all Members sis Society, the United Cerebral Palsy Asso- who want to return to work. A more detailed to become cosponsors. ciations, and Jerry Mashaw, chairman of the description of the legislation follows this state- Mr. Speaker, as you know, the Ways and Disability Policy Panel of the National Acad- ment. Means Committee intends to overhaul tax pol- emy of Social Insurance [NACI]. The proposal THE TRANSITION TO WORK ACT OF 1997 icy during the 105th Congress. I believe my 10 is based on the work incentive recommenda- DETAILED DESCRIPTION OF PROVISIONS percent investment tax credit bill should be tions of the NACI Disability Policy Panel. The Transition to Work Act would: (1) ex- considered as a part of that new tax plan. The primary barrier confronting many Ameri- tend Medicare coverage for an additional two The way this bill works, it couldn't be sim- cans with disabilities attempting to leave the years and provide for an income-related Med- pler. If an American businessman buys a do- SSDI rolls for work is the fear of losing health icare buy-in thereafter; (2) create a Disabled mestic product like a new machine or com- coverage. The Transition to Work Act would Worker Tax Credit; and (3) demonstrate the puter to improve their business, the consumer alleviate this anxiety by guaranteeing contin- effectiveness of encouraging people to work can take a 10-percent tax credit if that product ued Medicare coverage for at least 6 years through Tickets for Work Opportunity. was made in America. If the consumer pur- after an individual first leaves SSDI for work, Continued Medicare coverage and improved Medicare buy-in chases a new American-made automobile or this is a 2-year extension over current law. Furthermore, after that time period, the legisla- Under current law, a beneficiary who goes truck, they can take a 10-percent tax credit. back to work is entitled to up to 39 months The tax credit would be worth up to $1,000. tion would allow an individual to buy-in to of continued Medicare coverage. That 39 Investment tax credits are not new, but mine Medicare part A based on a capped, income- months begins after the 9 months of trial incorporates buy-American language to assist related premium. Beneficiaries would pay 10 work during which the individual also con- economic enhancement. I believe that repeal- percent of earnings in excess of $15,000 for tinues to receive both cash benefits and Med- ing the investment tax credit in 1986 was one the Medicare buy-in premium, those earning icare. After a 3-month grace period, cash DI of the major reasons for the downfall in invest- less than $15,000 would continue to get Medi- benefits cease. ment. As a result, American companies are care part A free. This new Medicare coverage The proposal would extend the continu- ation of Medicare for an additional 2 years. competing with one hand tied behind their extension and buy-in would assure disabled As under current law, no cash benefits would backs. Under my bill, at least 60 percent of Americans that their health coverage would be paid during this continuation period. As a the basis of the product must be attributable to not be pulled out from under them if they re- result of the plan, Medicare would continue value within the United States to take advan- turn to work. for a total of 6 years after the beneficiary tage of the credit. In other words, language Second, we must recognize that there is lit- first began to work. This would eliminate the Commerce Department already uses to tle incentive to make the transition to employ- one of the largest disincentives to work. define an American-made product. ment if work pays little or no more than dis- After the individual had retained employ- The purpose of the investment in America ability insurance. For this reason, the Transi- ment and his Medicare continuation cov- erage had ended, he would be permitted to tax credit is to stimulate the economy by spur- tion to Work Act would establish a new refund- purchase Medicare coverage based on an in- ring consumers and businesses to purchase able tax credit to supplement the Earned In- come-related premium. The premium would American-made goods to enhance our long- come Tax Credit [EITC] for individuals leaving be 10% of the individual’s earnings in excess term competitiveness. I don't know of a sim- the disability rolls for work. The maximum an- of $15,000. The premium would be capped at pler way to change our complex tax policy for nual credit for an individual without children the maximum premium under current law. the better. I have always argued that the so- would be $1,200 and would phase out at Current law allows disabled and other indi- cial problems this country faces can be linked $18,000 in earned income. The new credit viduals to purchase Medicare coverage. DI beneficiaries may purchase Medicare Part A to the unfair and harmful trade and tax policies would be especially helpful to individuals with- Hospital Insurance at the full actuarial cost enacted by the Congress. The 105th Con- out children since their current EITC is rel- of coverage. In 1997, that amount is $3,732 an- gress offers us a unique opportunity to make atively small, only $306 a year. nually. Beneficiaries may purchase Medicare a difference in the direction this country is And, finally, the legislation would provide Part B at the same premium as other enroll- headed. SSDI recipients with a ``Ticket for Work Oppor- ees—about $526 a year in 1997. Under current February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E143 law, the HI premium is reduced for former bilitation services. Payment would be made Second, enhance the exporting of U.S. agri- beneficiaries who have at least 30 quarters of by the Commissioner of the Social Security cultural products. Social Security coverage. Under current law, Administration to the provider for success- the reduction in the premium will be fully fully returning the beneficiary to work A Third, assist to coordinate activities with the phased in by 1998. In 1998 and thereafter, the milestone payment would be paid to the pro- U.S. Department of State, and help to estab- reduction will be 45% of the premium for HI. vider when the beneficiary was placed in em- lish a monitoring system in the Caucasus re- Under current law, State Medicaid pro- ployment and began to work. When the indi- gion for zoonotic diseases, which are trans- grams may purchase Medicare HI coverage vidual had engaged in Substantial Gainful for low-income former beneficiaries known Activity (i.e., earnings exceeded $500 a missible from animals to humans. These dis- as ‘‘Qualified Disabled and Working Individ- month) throughout the 9-month trial work eases have no boundaries and are apt to uals.’’ period and his or her benefits ceased, the cause major public health problems through- Disabled worker tax credit provider would receive 50% of the savings out the region, and furthermore are easily which accrued to the Disability Insurance The plan would offer a refundable Disabled spread to Europe. Trust Fund. Providers would receive pay- Worker Tax Credit (DWTC) to encourage DI ments on a quarterly basis. The Commis- If this bill is passed, it is my intention to re- beneficiaries to leave the rolls and return to sioner of Social Security would be permitted quest that the agricultural renewal program in work. To encourage work and cushion the to alter the percentage or the period of the loss of benefits, the credit would be available Armenia be implemented by the Armenian payments if she determined that the incen- to DI beneficiaries whose benefits had ceased Technology Group [ATG], a nonprofit organi- tive was not adequate to return beneficiaries due to work. The DWTC would provide a zation based in Fresno, CA. Over the past to work. modest supplement to the Earned Income The Social Security Administration would several years, ATG has been involved in simi- Tax Credit (EITC). Like the EITC, the credit certify providers. Providers would be defined lar programs in the area. It should be noted would increase as earnings increased up to a to include a broad range of rehabilitation that, 80 percent of the organization's oper- maximum credit; would plateau at a level services include job training, liaison and designed to make work more financially re- ational funding has been generated from the placement. The Commissioner would be re- warding than collecting disability benefits; private and public sectors, and only 20 per- and would phase out thereafter. quired to provide beneficiaries with a list of cent from U.S. Government sources. ATG has providers of vocational rehabilitation serv- The DWTC for a person with no children been effective in implementing its programs by ices available in each locality. would increase until earnings reached $8,000 working directly with the people of Armenia, in and would be phased out completely at The vocational rehabilitation provider and the beneficiary would jointly develop an in- assisting them in their transition toward market $18,000. This would provide a maximum cred- economy, and in helping build democracy from it of $1,200 annually in addition to the cur- dividual transition to work plan. The plan rent EITC OF $306. The credit for a worker would take effect upon approval by the bene- the bottom up. I have enclosed for the with one child would peak at $7,000 of earn- ficiary. RECORD specific figures on ATG's contribu- ings and phase out at $25,800. The maximum f tions and investments in the agricultural sector credit would be $500 annually in addition to of the Republic of Armenia. the EITC of about $2,100. Finally, the credit THE AMERICAN ASSISTANCE ACT for a worker with two-children would peak You may recall in the 104th Congress that at about $10,000 and would be phased out at the Government of Turkey was appropriated about $29,000. The maximum credit would be HON. GEORGE P. RADANOVICH $22 million in economic support aid. Initially, $750 annually in addition to the current OF CALIFORNIA the aid was dependent on Turkey's long-await- EITC of $3,560. IN THE HOUSE OF REPRESENTATIVES ed recognition of the Armenian Genocide. A Tickets for work opportunity Tuesday, February 4, 1997 belligerent Ankara reacted to the House geno- The Commissioner of Social Security Mr. RADANOVICH. Mr. Speaker, I rise to in- cide clause, a reasonable amendment which I would be required to establish a Transition troduce the Armenian Assistance Act. This bill was privileged to introduce and lead in even- to Work demonstration program in as many tual passage in the House, by telling the Unit- localities as she deems appropriate. Under is designed to assist Armenia and her people the Transition to Work program, Social Se- with an ambitious and progressive plan, simi- ed States State Department and the United curity Disability (DI) beneficiaries would be lar to the successful program Operation Flood States Congress that Turkey would not accept encouraged to return to work through Tick- of India, to reconstruct sagging agricultural United States aid with preconditions such as ets for Work Opportunity (TWO). The TWO markets. recognition of the Armenian Genocide. Amaz- could be used by beneficiaries to seek out Ultimately, if Armenia is able to feed itself, ingly, Turkey was given the support and was those providers of rehabilitation services its people will directly benefit from improved not asked to recognize the genocide. All this who would most effectively help them to re- turn to work. The individual could choose to public health and nutrition standards. Improve- despite their declaration to decline United receive services from a private provider or ment to Armenian's agricultural sector, specifi- States economic aid, while countries such as from the State vocational rehabilitation cally in the area of wheat seed development, Armenia were in desperate need of financial (VR) agency. is in the direct strategic interest of the United support. Under current law and policy, Social Secu- States and our desire to secure the advan- The Armenian Assitance Act proposes to re- rity Disability Insurance (DI) beneficiaries tages of a stable Caucasus region. Further, direct the $22 million or any remaining amount are referred to State VR agencies for reha- this bill will help empower Armenians in their not yet obligated from the fiscal year 1997 bilitation when the Disability Determination bid for reform, likely establish new markets for Service determines that the beneficiary Foreign Appropriations Act in economic sup- United States products, and it specifically will would be eligible for VR services in that port aid for Turkey, and transfer those funds to enhance the exporting of United States agri- State. A DI beneficiary who refuses such Armenia for agricultural development. I'm cer- services may lose his or her benefits. State cultural products. tain Armenia has been, and will continue to VR agencies are reimbursed for the cost of However, in introducing this bill, I am not rehabilitation after the individual has been proposing additional burdens for America's be, grateful for the support of the United gainfully employed for nine months. Under hardworking taxpayers nor proposing that we States Government and the American tax- the current system, less than 1% of DI bene- neglect America's precious farmland. Our peo- payer. ficiaries return to work. ple and farmers deserve more responsible The Ticket for Work Opportunity would ARMENIAN TECHNOLOGY GROUP, INC. representation. I recognize the need to har- offer beneficiaries additional options for re- [ATG Sponsored Contributions and Investments in the Agricultural Sector of habilitation services. Furthermore, both ness the waste and dated programs contained the Republic of Armenia 1989–1996] public and private providers would have an within past foreign aid budgets. Therefore, I Per- incentive to seek out beneficiaries to help have pursued creative measures for striking a Contributions/Donations Per Sector Amount USD cent- them leave the disability rolls. Under the balance between the issue of controlling for- age plan, the TWO would be provided automati- eign aid and the need to help Armenia. ATG Contributions: cally to those persons most likely to return Allow me to clearly outline what this bill will Private Sector Donations ...... $11,695,672 58.13 to work—to new beneficiaries and to those do: In-Kind Professional Services ...... 3,751,456 18.65 who are notified of the commencement of a Cash Contributions ...... 586,468 2.92 First, empower the private sector transition continuing disability review (CDR). All other U.S. Government Support: in Armenia toward a market economy, and USAID Grants/Sub-Grants ...... 2,948,226 14.66 DI beneficiaries would have the option to Transportation Costs ...... 1,025,000 5.10 participate in the TWO plan. likely establish new markets for the United UNHCR Grants ...... 115,010 0.58 Beneficiaries would present the TWO to a States by strengthening our consumer buying Total ...... 20,121,832 ...... public or private provider of vocational reha- power in Armenia. E144 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 THE PRESIDENT’S CALL FOR IN- flects different utilization of health care serv- MONTHLY PAYMENT RATES TO MEDICARE-MANAGED CARE DISPENSABLE LEADERSHIP— ices. PLANS JANUARY 21, 1997 In 1996, Dr. John E. Wennberg, the director 1995 1996 1997 of the Center for the Evaluative Clinical Stud- 1995 per- 1996 per- 1997 per- HON. MAJOR R. OWENS ies at Dartmouth Medical School, published Area/county pay- cent pay- cent pay- cent ``The Dartmouth Atlas of Health Care.'' The ment in- ment in- ment in- OF NEW YORK crease crease crease atlas shows that the rates of hospital beds and IN THE HOUSE OF REPRESENTATIVES physicians per 1,000 residents determines National average ... $400 5.9 $440 10.1 $466 5.9 Richmond, NY ...... 668 6.2 758 13.4 767 1.1 Tuesday, February 4, 1997 how much care Medicare beneficiaries use. Kern, CA ...... 439 5.8 478 8.9 512 7 Revising the highly variable AAPCC payment Hennepin, MN ...... 359 2 386 7.6 405 4.8 Mr. OWENS. Mr. Speaker, President Clin- Tulare, CA ...... 333 2.9 360 7.9 390 8.4 ton's inaugural address was not a State of the formula will result in greater equity for Medi- Vernon, WI ...... 209 6.6 237 13.2 250 5.5 Union speech obligated to provide substance care beneficiaries regardless of where they for general proposals. Appropriately, the Presi- live, allowing choices among plans and more The payment rates also illustrate the overall dent used his second inaugural statement to equitable distribution of out-of-pocket costs instability and unpredictability of AAPCC'sÐ set a tone for the next 4 years, the prelude to and additional benefit packages. factors that discourage health plans from en- the 21st century. America is a great country Because of the need to correct the inequity tering new markets and remaining in other blessed by God with wealth far surpassing any in the AAPCC payment formula for millions of markets. Nation on the face of the Earth now, or in the Medicare beneficiaries, I strongly supported If there is a silver lining to HCFA's release past. The Roman Empire was a beggar entity changes to the formula during consideration of the 1997 risk-based managed care payment compared to the rich and powerful Americans. last session of the Medicare Preservation Act. rates, it was contained in Dr. Vladeck's re- God has granted us an opportunity unparalled Regrettably, congressional efforts to reform marks: ``The formula used to set HMO pay- in history. President Clinton called upon both the geographic disparity and inequities in the ment rates is flawed. It shortchanges rural leaders and ordinary citizens to measure up to AAPCC formula were denied by the stroke of areas and markets where care is delivered this splendid moment. The President called the President's veto pen. more efficiently, and may limit beneficiary upon all of us to abandon ancient hatreds and The legislation I am introducing today nar- choice.'' rows the AAPCC payment gap between rural obsessions with trivial issues. For a brief mo- Dr. Vladeck's comments indicate HCFA's and urban areas in a budget neutral fashion. ment in history we are the indispensable peo- understanding of the inequity in the current At a minimum, a county would receive 80 per- ple. Other nations have occupied this position AAPCC formula and the need for change if we cent of the national input-price-adjusted capi- before and failed the world. The American co- are to offer all Medicare beneficiaries true tation rate. This change helps reflect the true lossus should break the historic pattern of em- choices in the type and form of health care cost of doing business, taking into consider- pires devouring themselves. As we move into they want to receive. I see this as a signal that ation uncontrollable factors such as wage the 21st century we need indispensable lead- in the months ahead we can work in a biparti- rates or supply costs. The language also im- ers with global visions. We need profound de- san, pragmatic way to improve the AAPCC plements a 3-year average for the baseline cisions. payment formula. rather than 1 year. This change provides Mr. Speaker, correcting the AAPCC pay- INDISPENSABLE NATION greater representation of historical health care Under God, The indispensable nation, ment formula is vital. The 105th Congress has costs for an area. This bill is based on the the opportunity to make the formula more eq- Guardian of the pivotal generation, Most for- Physician Payment Review Commission's tunate of all the lands, For a brief moment, uitable. I look forward to working with you and The whole world we hold in our hands, ``1996 Annual Report to Congress.'' my colleagues on the Committee on Ways Internet sorcery computer magic, Tiny spir- When the Health Care Financing Adminis- and Means to make the needed changes to its make opportunity tragic, We are the in- tration [HCFA] released the 1997 payment the AAPCC payment formula. The longer we dispensable nation, Guardian of the pivotal rates for Medicare managed care plans, the continue to use the current formula, the longer agency told us that payments nationally to generation, Millionaires must rise to see the efficient health care markets will be penalized need, Or smother beneath their splendid Medicare-managed care plans would increase and rural areas will lag behind, leaving many greed, Capitalism is King, With potential to an average of 5.9 percent as of January 1, Medicare beneficiaries with fewer choices. be Pope, Banks hoard gold, That could fer- 1997Ðsignificantly lower than the 1996 na- f tilize universal hope, Jefferson Lincoln Roo- tional average increase of 10.1 percent. sevelt King, Make your star spangled legacy This is good news in terms of the solvency CURT FLOOD: AN UNCOMMON MAN sting, Dispatch your ghosts, To bring us of the Medicare trust fundÐwe need to slow global visions, Indispensable leaders, Need profound decisions, Internet sorcery com- the rate of growth of Medicare spending to stave off its imminent bankruptcy. The bad HON. JOHN CONYERS, JR. puter magic, Tiny spirits make opportunity OF MICHIGAN tragic, We are the indispensable nation, news is that this average increase reflects IN THE HOUSE OF REPRESENTATIVES Guardian of the pivotal generation, With lib- wide variation in percentage increases from erty and justice for the world, Under God. county to county. Four counties: Valencia, Tuesday, February 4, 1997 f N.M.; and three New York State counties Mr. CONYERS. Mr. Speaker, 1 month ago, Bronx, Monroe and New York, actually will re- I introduced legislation repealing baseball's SUPPORT GREATER MEDICARE EQ- ceive negative growthÐreal decreases. Be- UITY AND FAIRNESS BY RE- antitrust exemption. The bill was designated cause the actual dollar variations are also ex- H.R. 21, in honor of Curt Flood's number FORMING THE AAPCC PAYMENT treme, many low-payment areas get a double FORMULA when he played for the St. Louis Cardinals. whammyÐlower percentage increases off a In an ear when the terms hero and courage lower base. are used all too frequently, Curt Flood stands HON. JIM RAMSTAD This situation continues a trend inherent in out as the genuine article, a true inspiration to OF CALIFORNIA the flawed payment formula. The following all Americans who care about economic and IN THE HOUSE OF REPRESENTATIVES table illustrates the vast variation between social equality. I am attaching a letter from counties across the country. I believe it is im- Tuesday, February 4, 1997 President Clinton and several articles written portant to point out that even though the 1996 which describe his career and reiterate these Mr. RAMSTAD. Mr. Speaker, I rise today to AAPCC payment increased an average of introduce legislation to respond to an issue of very points. 10.1 percent not all counties shared in the Most of us are well aware of the courage great importance to Medicare beneficiaries bounty of that increase. The same is also true Curt Flood displayed when he refused to ac- and health care providers in my district and for the 1997 AAPCC payments. cept being traded to the Philadelphia Phillies. throughout the countryÐreforming the pay- Counties that typically lost ground were His letter to then Commissioner Kuhn cut di- ment for Medicare risk-based managed care those in efficient markets and rural counties rectly to the core of the issue: plans. with historically lower reimbursement rates. Currently, Medicare payments to risk-based After 12 years in the Major Leagues, I do Because of these lower payment rates and not feel that I am a piece of property to be health care plans are calculated on the basis lower annual increases, these regions will con- bought and sold irrespective of my wishes. I of Medicare spending in each county's fee-for- tinue to lack the ability to attract managed believe that any system which produces that service sectionÐmedical care outside of man- case options to their area or offer enhanced result violates my basic rights as a citizen aged care plans. The variation in the adjusted health care benefits often found in higher pay- and is inconsistent with the laws of the Unit- average per capita cost [AAPCC] formula re- ment communities. ed States and the several states. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E145 Although Curt Flood lost his legal battle lasting influence on the sport he loved so self-imposed exile. This week, Hank Aaron challenging baseball's antitrust exemption, the much. said simply, ‘‘Flood was crucified for taking public recognized the moral validity of his ar- We hope that the loving concern and sup- his stand.’’ port of your family and friends will sustain By 1976, free agency had arrived and the gumentsÐhe was not a piece of property. His you during this difficult time. You are in our justice of Flood’s stand against the reserve case paved the way for free agency in all pro- thoughts and prayers. clause was vindicated. But Flood stayed on fessional sports. A national poll taken in the Sincerely, the island of Majorca. Finally, two years wake of Flood v. Kuhn showed that fans op- BILL CLINTON. later, he put his toe back into baseball gin- posed the reserve clause, which bound play- gerly, as a radio announcer for the Oakland ers to teams for life, by an 8 to 1 margin. [From the Washington Post, Jan. 22, 1997] A’s for one season. He looked like a shy, And while thousands of athletes have sub- QUITE SIMPLY, A HERO hyper-sensitive ghost of himself. Though sequently benefited from free agency, Curt (By Thomas Boswell) only 41, he seemed far older. His wounds were Flood paid a heavy price for his decision to deep. His sense of isolation was almost pal- Every few years, Curt Flood would re- pable. take on the baseball owners. The 3-time all- appear. Maybe that was so we could compare Many in the game respected Flood’s pain, star and 7-time gold glove award winner his fast-aging and haggard face with the regarding him like a soldier who’d suffered played only 13 more games before being laughing ballplayer’s mug that he’d worn in shell shock in a necessary battle. Nobody, forced out of baseball. the 1960s, before he took baseball to the Su- however, had a name for his fragile condi- Less well known is the fortitude Curt Flood preme Court. tion. He hadn’t exactly become an eccentric. We won’t be able to read the cost of mak- displayed in fighting racial intolerance. At the But whenever you saw him at a ballpark, he ing history in that face any more. Flood died seemed raw-nerved and weighted down, like same time Jackie Robinson was breaking the of throat cancer Monday at 59. It was Martin color barrier with the Brooklyn Dodgers, Curt a man who’d seen something—seen it clearly Luther King Jr. Day. Of all the figures in and undeniably—and couldn’t begin to get Flood was facing the Jim Crow laws as the sports in the last generation, perhaps only over it. sole black man playing for the High Point, NC Flood could die on the anniversary of a mar- Finally, in 1994 Flood stood before the Hi-Toms. tyr’s death and have it seem a fitting memo- cameras again briefly during the players He alone was barred from gas station rest rial. strike. Ostensibly, he was part of a possible rooms. Only Curt Flood was forced to eat at For a few days perhaps we can remember new league called the United Baseball the difference between a real rebel—one who the kitchen door while his teammates were League. takes risks for the sake of a genuine cause— Really, he took the stage to give modern served in the dining room. And when he and our phony, look-at-me rebels who only played a doubleheader, he experienced only players some backbone. The message was stand for the cover shoot of their next auto- subliminal: This guy bucked the system for greater humiliation. As he explained to Ken biography. all of you. Maybe baseball put him on the Burns: Rebellion that’s worthy of the name isn’t rack and cracked him to a degree. So when After the end of the first game you take off about attitude. The rebel to whom our re- an owner sneers about breaking the union, your uniform and you throw it into a big spect and our heart goes out is the one, such have a little guts. The money in your bank pile. . . . [But the clubhouse manager] sent as Flood, who never in this world wanted account came out of this guy’s peace of my uniform to the colored cleaners which such a job. He just had the mixed fortune to mind. was probably 20 minutes away and there I sat see what was right and act on it, knowing Flood’s legacy remains a tangled one. You while all the other guys were on the field. the cost to himself. could say he did the groundwork so athletes [The crowd has] really been giving me hell ‘‘Baseball players have lost a true cham- could make more money than anybody de- all day long, and now I’m sitting there stark pion,’’ said players union head Donald Fehr serves. Flood laid the cornerstone of the naked waiting for my uniform to come back on Monday. ‘‘A man of quiet dignity, Curt Shaq Fu mansion, so to speak. Flood helped from the cleaners and the other guys were Flood conducted his life in a way that set an make a world where Brett Favre knows no- out on the field. So finally they get my uni- example for all who had the privilege to body will mock the Superman tattoo on his form back and I walk out on the field . . . know him. When it came time to take a biceps; self-infatuation is so routine, nobody boy you’d think that I had just burned the stand at great personal risk and sacrifice, he even notices anymore. Could Dennis Rodman American Flag. stood firm for what he believed was right.’’ be as ‘‘Bad As I Wanna Be’’ without his $7 Flood had the brains and the sense of jus- Curt Flood's talents and goodwill extended million salary? If you kick somebody, peel tice to understand that baseball’s employ- off a big stack of Grover Clevelands. No prob- well beyond baseball. He ran a foundation to ment system was basically unfair. However, benefit inner-city youngsters. An accomplished lem. Thanks, Curt. by temperament, he was completely unsuited Cynics will say that Flood stood for some- painter, his portrait of Martin Luther King to a public brawl that lasted for years. He thing so that those who followed him could hangs today in Corretta King's living room. was as distressed by conflict as Fehr is invig- afford to stand for nothing. In the end, we will remember Curt Flood for orated by it. And Flood’s torment always That, however, is not Flood’s fault. By having the courage to tell America what showed. helping athletes make market salaries for should have been plain and obvious all along. When he arrived in Washington in 1971 their services, he allows them to live on a after sitting out a season, he played only 13 Discrimination is wrong. PeopleÐeven ath- bigger scale. We hear about the jerks. But games for the Senators. You couldn’t tell if the fools are still in the minority. More ath- letesÐare not property. Baseball is a business his Gold Glove, all-star skills were just fad- and should be subject to the competition laws. letes are like Darrell Green of the Redskins, ing fast or whether the Flood case was eat- who was chosen this week as the NFL’s Man A few days before Curt Flood died, I wrote ing him inside. At RFK Stadium, some of us of the Year for his charity and community him, suggesting that if the legislation I intro- cheered. But enough booed to let Flood know work. duced in his honor was to pass into law, he that, for him, no place was home. On the For some of us, Flood should be a daily should come to the White House signing cere- road, he was vilified as a traitor who wanted tonic. Maybe he’ll shame us into using the mony. That can't happen now, but I know his to ruin the national pastime. language more precisely when we describe Back then, memories of Black Power sa- indomitable spirit will be with us as we con- our famous athletes. lutes were in the air. So Flood, thoughtful When we use ‘‘courage’’ to describe a quar- tinue his fight for equality and fairness. I know but never extreme, was pigeon-holed as radi- all MembersÐand indeed all professional ath- terback who takes a pain-killing shot, cal. All he said was that he was sick of being maybe we’ll blush. When we call someone letesÐjoin me in mourning this courageous treated—and traded—‘‘like a piece of meat.’’ who makes a jump shot at the buzzer a man. How could America sanction a system where ‘‘hero,’’ maybe we’ll be just a bit abashed. If THE WHITE HOUSE, a team owned a man for his whole career? that is heroism, what word have we reserved Washington, DC, January 24, 1997. After batting .200 in 35 at-bats, Flood fled. for people such as Flood? Mrs. CURT FLOOD, Hard as it may be to believe these days, And when we say losing the World Series is 4139 Cloverdale Ave., Flood didn’t want fame. He flinched when ‘‘tragic,’’ perhaps we’ll think of the last 28 Los Angeles, CA. talking about himself and even admitted years of Flood’s life—and the price he paid DEAR MRS. FLOOD: Hillary and I were sad- that he loathed the thought that he might be for following his conscience. Then, our per- dened to learn of your husband’s death, and hurting his sport. spective sharpened, maybe we’ll choose a we extend our deepest sympathy. For years, Flood disappeared from the pub- better word. Curt Flood was a man of extraordinary lic scene, often living in Europe. In 1972 ability, courage, and conviction. His achieve- Flood v. Kuhn, the Supreme Court upheld [From the New York Times, Jan. 21, 1997] ments on the field were matched only by the baseball’s right to antitrust immunity. REMEMBERING FLOOD, A MAN FOR ALL strength of his character. While there are no Flood had fought the law and, temporarily, SEASONS words to ease the pain of your loss, I hope the law won. you can take comfort in the knowledge that ‘‘You have to understand that if you do (By Murray Chass) Curt will be remembered by so many Ameri- what I did to baseball, you are a hated, ugly, In a recent letter to Frank Slocum, execu- cans as one of baseball’s finest players and a detestable person,’’ he said, explaining his tive director of the Baseball Assistance E146 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 Team (B.A.T.), Curt Flood wrote, ‘‘The 1996 ways identified as his lawyer, had planned to mitting an error and in 1966 went the entire holiday season brings mixed feelings of joy appear before the B.A.T. board tomorrow season without making a misplay. He even and sadness. Therefore, we’ll take the advice morning to express Flood’s appreciation for became a portrait artist of some talent who that mother Laura gave to me when I was a the assistance. Instead, Moss made plans to was commissioned to paint August A. Busch kid. She’d say ‘Start counting your bless- return to Los Angeles. Jr., the owner of the Cardinals, and his chil- ings, Squirtis, by the time you’ve finished, In his letter to Slocum, Flood also wrote, dren in oils. you won’t have time for anything else.’ ’’ ‘‘Say this: ‘Curt accomplished every goal At the peak of his career, though, the man Flood, who was 59, died yesterday after a that he set for himself, and simply moved with the flawless glove misjudged a line yearlong battle with throat cancer, and it is on.’ ’’ drive, cost the Cardinals the 1968 World Se- the players who came after him in the major He didn’t gain a victory 25 years ago, and ries and supplied a regrettable footnote to leagues who should count their blessings for in his career he didn’t achieve statistics that the 1968 World Series against Detroit. having had a man of his stature and dignity were good enough for the Hall of Fame. But The Tigers and Cardinals were tied at and courage precede them. when Flood’s name first appeared on the Hall three games apiece with Bob Gibson facing Professional athletes, for the most part, of Fame ballot, this voter marked an ‘X’ Mickey Lolich for the championship in St. live for their time. They generally don’t care next to it in a symbolic gesture. No one was Louis in Game 7. They were scoreless for six what happened before them and, worse, they ever more worthy of such recognition. often don’t know. Sadly, many baseball play- innings. Then in the Tiger seventh, Gibson retired the first two batters. But after two ers wouldn’t even be able to identify Flood, [From the New York Times, Jan. 21, 1997] wouldn’t even know that he was the forerun- singles, Jim Northrup followed with the hard CURT FLOOD IS DEAD AT 59; OUTFIELDER ner of Andy Messersmith, another name they drive to center. DEFIED BASEBALL wouldn’t recognize for the impact he had on Flood lost sight of the ball momentarily, their lives. (By Joseph Durso) took a couple of steps in toward home plate, But that day in Atlanta in the last month Curt Flood, the All-Star center fielder for reversed direction and slipped while the ball of 1994, the players in the meeting room of the St. Louis Cardinals in the 1960’s who be- carried over his head for a triple and two the players association executive board knew came a pioneering figure in the legal attack runs. The Tigers won, 4–1, and captured the about the man who was to speak to them. on baseball’s reserve clause that fore- Series. They saluted him with a standing ovation shadowed the era of free agents, died yester- After the game, Tim McCarver stood in the before he spoke. day in Los Angeles. He was 59. rubble of the Cardinals’ locker-room regret ‘‘It almost made me forget what I was Flood died at the U.C.L.A. Medical Center, going to say,’’ Flood said afterward. ‘‘It and called out, ‘‘Curt Flood, you’re beau- where he had been a patient in recent tiful. caught me a little short. I felt a lump in my months, after developing pneumonia. He had But a year later, the Cardinals slid into throat.’’ been suffering from throat cancer since last fourth place and Busch cleaned house. In one Flood was in the room that day in his ca- spring. pacity as vice president of the United Base- At bat and especially on the field, Flood blockbuster trade, he sent Flood, McCarver ball League, a venture that did not reach was an outstanding player for a dozen years and Joe Hoerner to Philadelphia for Richie fruition. Twenty-five years earlier, in 1969, with the St. Louis Cardinals, a center fielder Allen, Cookie Rojas and Jerry Johnson. But he appeared before another Players Associa- who won the Gold Glove for fielding excel- Flood sued for his freedom from a system tion executive board seeking support for the lence seven years in a row in the 1960’s and that ‘‘reserved’’ players to their teams and task he was about to undertake. The St. batted over .300 six times. that had won exemption from the antitrust Louis Cardinals, for whom he had played for But it was his stiff resolve regarding the laws as far back as 1922. 12 years, had traded him to the Philadelphia unfairness of baseball’s virtually enslave- The trial opened May 19, 1970 before Judge Phillies, and he didn’t want to go. ment of players and his courage in challeng- Irving Ben Cooper in the United States Court Richard Moss, who was the union’s general ing a system that perpetuated this condition House in lower Manhattan. The defendants counsel at the time, recalled yesterday that that carried Flood beyond baseball. included Commissioner of Baseball Bowie Flood came to him and Marvin Miller, the It all crystallized when the Cardinals trad- Kuhn, the presidents of the National and head of the union, and told them he wanted ed Flood to the Philadelphia Phillies after American Leagues and the Chief executive of to challenge the system that he said ‘‘treat- the 1969 season and Flood refuse to go. Rep- all 24 teams then in the big leagues. They ed people like they were pieces of property.’’ were being challenged by a 32-year-old out- ‘‘Marvin and I weren’t sure if he was seri- resented by Arthur J. Goldberg, former Asso- fielder who was making $90,000 a year but ous, if he had some other agenda,’’ Moss said. ciated Justice of the Supreme Court and was determined not to be traded without his ‘‘We arranged for him to come to the board United States Ambassador to the United Na- consent. When he was asked which team he meeting in Puerto Rico. The idea was to let tions, Flood triggered a legal war that shook wanted to play for, he testified, ‘‘The team him talk to the board and convince them baseball. that makes me the best offer.’’ that he was for real, that he really believed Flood actually lost the battle in Federal this and he was sincere.’’ District Court in New York when the judge The ‘‘reserve clause’’ in contracts was not With the board’s support, Flood took his suggested that the players and club owners toppled during the trial, but it came under challenge all the way to the United States negotiate the issue. But almost six years sustained attack. Marvin Miller, executive Supreme Court. He lost, but his effort even- later, he won the war when other baseball director of the players association, described tually emboldened other players, players successfully sued and broke from the how baseball contracts tied the player to his Messersmith in particular. Unfortunately, ‘‘reserve system,’’ which for almost a cen- club forever and said, ‘‘The player has no say besides losing the case, Flood saw his career tury had bound a player to his team year whatsoever in terms of what conditions he die. After sitting out the 1970 season, he after year. plays under, always bearing in mind he has played briefly for the Washington Senators As a result, before another generation had the one alternative: He may decide to find a in 1971. passed, salaries in all sports soared, teams different way to make a living.’’ He knew he wasn’t the same player he had sought salary caps to contain the damage to The Trial consumed 10 weeks, 2,000 pages of been, and he walked away from the only job their payrolls and large cities were required transcript and 56 exhibits. Judge Cooper sug- he had known. A pariah in an owner-domi- to pay small cities millions in compensation. gested that ‘‘reasonable men’’ could find a nated business, Flood was not welcome to The solitary figure who prompted this rev- solution outside court and ruled: ‘‘We are wear a baseball uniform. Instead, he drifted olution, Curtis Charles Flood, was born in convinced that the reserve clause can be from country to country, first to Majorca, Houston on Jan 18, 1938, but was raised in fashioned so as to find acceptance by player where he opened a bar and became an alco- Oakland. He was short and skinny, but he and club.’’ signed his first professional contract while holic, then back to the United States, then Flood, who sat out the 1970 season, did not still a senior at Oakland Technical High to Sweden, then back home again. think so. He signed with the Washington School. In recent years, Flood operated a youth Senators in 1971 for $110,000, but after two After two years in the minor leagues and center in Los Angeles. He enjoyed working months suddenly quit and flew to Europe. with children. He would have enjoyed work- briefly with the Cincinnati Reds, he was ing with young professional baseball players, traded in 1958 to St. Louis, where he played When the case was appealed to the Su- too, but he never had the opportunity. Nev- for the next 12 seasons and three times preme Court, the justices—in a 5–3 ruling— ertheless, he retained his dignity and, in the played in the World Series—against the New supported the District Court and the Court last year, his courage. York Yankees in 1964, the Boston Red Sox in of Appeals and left the ‘‘reserve clause’’ un- Yesterday, Joe Garagiola, president of 1967 and the Detroit Tigers in 1968. disturbed. But Curt Flood had set the stage B.A.T., recalled that he testified for baseball His talents were unquestioned. During a for the revolution that followed in 1976, and in Flood’s lawsuit. ‘‘I thought if the reserve career that lasted from 1956 to 1971, he batted generations of free agents poured through. clause went, baseball was going,’’ Garagiola 293, stole 85 bases, appeared in three World ‘‘Baseball players have lost a true cham- said. ‘‘I was so wrong I can’t begin to tell Series and reigned in center field for 12 years pion,’’ the players’ union head, Donald Fehr, you. It took a lot of guts for him to do what for the Cardinals. said yesterday. ‘‘When it came time to take he did.’’ During one span, he played in 226 consecu- a stand, at great personal risk and sacrifice, Garagiola’s organization had helped Flood tive games without committing an error and he proudly stood firm for what he believed in the last year, and Moss, whom Flood al- in 1966 went the entire season without com- was right.’’ February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E147 TRIBUTE TO BRIAN D. TRIBUTE TO THE HONORABLE dedicated service. During his distinguished ca- GALLAGHER FRANKIE M. FREEMAN reer, Colonel Andre has served his country, the U.S. Air Force, and the community of HON. WILLIAM (BILL) CLAY McGuire Air Force Base with distinction and HON. SIDNEY R. YATES OF MISSOURI honor. Over the past 61¤2 years, Colonel Andre OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES served at McGuire AFB in New Jersey. It has IN THE HOUSE OF REPRESENTATIVES Tuesday, February 4, 1997 been during this period that I have gotten to Tuesday, February 4, 1997 Mr. CLAY. Mr. Speaker, I rise to pay tribute personally know and appreciate Jon's profes- to my friend and mentor, the Honorable sional integrity and always positive outlook. In Mr. YATES. Mr. Speaker, I'm proud to re- Frankie Muse Freeman. On November 24, 1993, Jon was assigned as McGuire's prin- port to the House that my constituent, Mr. 1996, attorney Freeman celebrate her 80th cipal liaison officer during the emotional and Brian D. Gallagher of Evanston, IL, was grad- birthday. As a tribute to this noted legal cham- often contentious base closure and realign- uated from Loyola University (Chicago) Law pion and legendary figure, I declared Novem- ment process. Jon excelled under an ex- School on January 11, 1997, with a degree of ber 24, 1996 as ``Mrs. Frankie Muse Freeman tremely delicate and difficult situation, deftly LL.M. in child law. Mr. Gallagher is the first re- Day'' in the First Congressional District of Mis- handling the demands placed on him by both cipient of this advanced degree in the country. souri. In further celebration of Mrs. Freeman's Air Force Headquarters and the local commu- While attending Loyola Law School in the wonderful life, I commend her story to our col- nity which sought to retain McGuire AFB. His evenings, Mr. Gallagher served the people of leagues. earnest, forthright approach earned him praise Cook County and the State of Illinois as an Frankie Muse Freeman has been a practic- by all who came in contact with Jon during assistant to the commissioner of the Metropoli- ing attorney for over 45 years and has held this period. tan Water Reclamation District of Greater Chi- several trailblazing positions. These include A native of Ludlow, MA, Colonel Andre en- cago. Missouri attorney general, a commissioner of tered the Air Force following his graduation the U.S. Civil Rights CommissionÐto which from Holy Cross College in 1972. Although ini- Mr. Gallagher looks forward to using his she was nominated by President Lyndon B. tially trained as an air weapons controller, Jon new degree to continue his career of public JohnsonÐand inspector general of the Com- sought early in his career to work with people service and I wish him every success in his fu- munity Services Administration by President and improve the personal and professional re- ture endeavors. Jimmy Carter. lationships within the Air Force. Throughout Over the years, Frankie Freeman has given his career, Colonel Andre has been involved f exemplary leadership and dedicated services with human relations and equal opportunity to numerous civic, cultural, and educational or- programs, gaining ever more responsibility VOCATIONAL INDUSTRIAL CLUBS ganizations and was one of the two United and recognition with each promotion. OF AMERICA WEEK States representatives to the UN±ECA West By all accounts, Colonel Andre's involve- African Housing Conference in Lome, Togo. ment with personal development-personal re- A graduate of Hampton University and How- lations programs was a perfect match. He re- HON. EDOLPHUS TOWNS ard University School of Law, Mrs. Freeman is peatedly distinguished himself in this field, OF NEW YORK a member of the Mound City Bar Association, earning both individual as well as group hon- IN THE HOUSE OF REPRESENTATIVES the National Bar Association, and the Bar As- ors. Specifically, Jon's accomplishments in- sociation of Metropolitan St. Louis. clude having his office selected as the Tactical Tuesday, February 4, 1997 Frankie Muse Freeman served as the four- Air Command's Best Social Actions Programs teenth national president of Delta Sigma Theta for 2 consecutive years while assigned at Mr. TOWNS. Mr. Speaker, I rise today to Sorority, Inc., a public service sorority with Luke Air Force Base; selected as Instructor of salute the New York City Chapter of the Voca- over 190,000 members in over 870 chapters the Year while serving as a weapons control tional Industrial Clubs of America [VICA] which internationally. instructor; and having his office recognized as will celebrate Vocational Industrial Clubs of In 1992 she was elected trustee emeritus of the Best Major Command Social Actions Pro- America Week in New York City, February the Howard University Board of Trustees fol- grams in the Air Force while assigned to 11±17, 1997. As a nationally recognized orga- lowing 16 years as a member of the board. Langley Air Force Base as the Chief of the nization comprised of students, professional Mrs. Freeman has also been an active and Equal Opportunity and Treatment-Human Re- members, and dedicated teachers, the pur- devoted member of the Washington Taber- lations Education Branch. pose of VICA is to provide educational and nacle Baptist Church and serves as treasurer Colonel Andre and his lovely wife, Patty, will leadership opportunities for young people as of the church's scholarship fund. begin a new career in Virginia where Jon will they prepare for the 21st century. For 52 years, Mrs. Freeman was the de- again use his communication and inter- Through the efforts of more than 12,000 stu- voted wife of Shelby Freeman who died in personal skill as a human resources director dent members in its New York City Chapters, 1991. She is dedicated to her daughter, Shel- for the historic Colonial Williamsburg Founda- VICA encourages improvement of vocational by Patricia, son-in-law, Ellis Bullock, three tion. I know I speak for the entire McGuire and leadership skills, scholarship, citizenship grandsons, and three great grandsons. Her community in wishing Jon and his family the and community service. Moreover, through family is bonded together with strength and very best as they leave the U.S. Air Force. I professional development activities, members love. offer my personal thanks and the thanks of an learn how to work with others, hold office and Again, I congratulate Mrs. Frankie Muse appreciative nation as he begins a new chap- direct the affairs of the group and how to com- Freeman. I commend her for a long and illus- ter in his life. pete honorably with colleagues on the local, trious career as an outstanding jurist of great f state, and international levels. character, leadership, and compassion. I fur- ther applaud her lifelong exemplary stand on HONORING SUPINDA During my tenure in the House of Rep- BUNYAVANICH resentatives, I have also personally witnesses justice and civil rights issues. the hard work and dedication of members, f such as Ms. Janice Jones and Mr. Jerome HON. GARY L. ACKERMAN TRIBUTE TO LT. COL. JON T. OF NEW YORK Jeffrey, who have graciously represented the ANDRE East New York High School of Transit Tech- IN THE HOUSE OF REPRESENTATIVES nology Chapter of VICA at numerous commu- HON. JIM SAXTON Tuesday, February 4, 1997 nity events within the 10th Congressional Dis- Mr. ACKERMAN. Mr. Speaker, I rise today trict. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES to honor and congratulate Supinda Mr. Speaker, it is with great pleasure that I Bunyavanich, of Port Washington, NY, for rise today to recognize the many years of in- Tuesday, February 4, 1997 being selected as a member of USA Today's valuable assistance this organization has pro- Mr. SAXTON. Mr. Speaker, it is a great All-USA College Academic First Team. vided youth and the community-at-large. I ask honor for me to pay tribute to Lt. Col. Jon T. Supinda, a senior at Harvard University, my colleagues to join me in celebrating Voca- Andre who, on January 31, 1997, retired from truly embodies the ideals of leadership, perse- tional Industrial Clubs of America Week. the U.S. Air Force after more than 24 years of verance, and initiative. Last summer, Supinda E148 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 organized a conference in Korea to discuss H.R. 505, THE COMMUNITY THE NATIVE AMERICAN TELE- the challenges of globalization in the 21st cen- EMPOWERMENT ACT COMMUNICATIONS ACT OF 1997 tury. She brought 268 students together from 67 universities around the world. Professors, HON. BILL RICHARDSON policy experts, corporate leaders, and the HON. CHARLES B. RANGEL OF NEW MEXICO media also attended the conference to give OF NEW YORK IN THE HOUSE OF REPRESENTATIVES their own unique perspective on the chal- Tuesday, February 4, 1997 lenges that lie ahead. As a leader of Harvard IN THE HOUSE OF REPRESENTATIVES University's Project for Asian and International Mr. RICHARDSON. Mr. Speaker, today, I Tuesday, February 4, 1997 Relations, Supinda invited speakers and cor- am introducing a bill designed to promote porate sponsors, recruited delegates and man- greater telecommunications service to native Mr. RANGEL. Mr. Speaker, today, we have Americans, including Alaskan Natives. aged the logistics of the event. Additionally, the opportunity to take another step closer to There is great optimism in this Chamber she raised $200,000 in donations to help fi- a goal we all share with President Clinton: re- about last year's Telecommunications Act, nancially challenged students attend the con- newing investment in our cities and commu- particularly the provisions on universal service. ference. nities. I am joined by 18 other Members today While I join my colleagues in that optimism, I Such initiative and intellectual endeavor can am concerned that these policies will prove in- be seen throughout Supinda's experience at in introducing H.R. 505, the Community Empowerment Act. sufficient for native Americans. Harvard. She helped establish a forum on chil- For too long, native Americans have fallen dren's health at the Harvard School of Gov- The Community Empowerment Act expands through the cracks of our national tele- ernment and created the curriculum for an on the successful empowerment zone initiative communications policy. My bill will ensure that after-school project for underprivileged youth. we began in 1993 which created 9 the universal service mechanisms designed by Supinda has also traveled to Chile to conduct empowerment zone demonstration projects the Telecommunications Act of 1996 will bene- biological research. and 95 enterprise communities. The bill I am fit carriers designated to serve Indian lands. Supinda is one of 20 college students from introducing today provides tax incentives for Among the recommendations in the 1995 around the country to be selected as a mem- an additional 22 new empowerment zones and Office of Technology Assessment report, ber of the All-USA College Academic First ``Telecommunications Technology and Native 80 enterprise communities. The bill also pro- Team. Twelve hundred fifty-three students Americans'' is a strengthened Federal/tribal from all 50 states and the District of Columbia vides tax incentives for cleanup of up to government partnership in the telecommuni- were nominated for this honor. 30,000 brownfield sites across the country. cations field to provide better services to per- Supinda will graduate with a degree in envi- Everyone has an interest in seeing these sons in Indian country and to enable tribes to ronmental science and public policy and would communities thrive economically and environ- be direct providers of telecommunications eventually like to become a college professor. mentally. These tax incentives will mean our services. Supinda's experience demonstrates how one investments can finally pay off for both the in- In conjunction with this report and President Clinton's Executive order to require all Federal individual can achieve so many extraordinary vestor and the community. accomplishments through innovation, creativ- agencies to adopt specific policies to ensure ity, and leadership. I ask all of my colleagues The bill would establish a new category of responsible representation of the interests of to join me in honoring and congratulating tax-exempt financing for 20 additional native Americans my bill will direct the FCC to: Supinda Bunyavanich, on her many accom- empowerment zones in 15 urban and 5 rural Establish an Indian telecommunications pol- plishments, and extending to her our best areas. The other newly designated areas, the icy that takes into account the unique govern- wishes for continued success. 80 enterprise communities, 50 urban and 30 ment-to-government relationship between the f rural, and the 2 additional empowerment tribes and the Federal Government, the trust obligations of the United States. zones, would enjoy essentially the same in- A SALUTE TO CENTRAL HIGH Promote opportunities for meaningful partici- SCHOOL VICTORS centives as provided under current law. Lo- pation and comment in FCC proceedings. cated mainly in low-income areas, the zones, Obtain and maintain a database of reliable and smaller enterprise communities, would be statistics concerning the extent of HON. FRANK R. WOLF designated for tax and other incentives to en- subscribership to, and the affordability of, tele- OF VIRGINIA hance economic development, job growth, im- communications and information services on IN THE HOUSE OF REPRESENTATIVES proved education, housing, and other benefits. Indian lands. Tuesday, February 4, 1997 As in the nine existing empowerment zones, The legislation will promote the exercise of sovereign authority of tribal governments over Mr. WOLF. Mr. Speaker, I would like to rec- communities would have the power to design the establishment of communications policies ognize some high school students from their own specific programs. and regulations within their jurisdictions. Fur- Central High School in Woodstock, VA, in my The bill would also provide $2 billion in tax thermore, the bill will promote native-American congressional district for their outstanding incentives specifically to address the important participation in the consumption and provision sports achievement as State champions in problem of brownfields, which are abandoned, of telecommunications services. cross country and basketball. Both the Central polluted industrial sites. The tax incentives will To focus Federal infrastructure development High School boys' cross country team and spur the private sector to clean up these sites policy, the legislation that I have introduced Central High School girls' basketball team won today requires the National Telecommuni- State championship victories in 1996. To have and put them back into productive use. The in- centives would apply to all distressed commu- cations and Information Administration [NTIA] two teams from the same school obtain the to encourage investment in, and the deploy- nities, including current and future title of State champions during the same year ment of, telecommunications systems on In- empowerment zones and enterprise commu- is certainly a true accomplishment. I would like dian lands. to acknowledge the following team members nities, and are expected to result in $10 billion We currently operate without any policy to- and coaches for the dedication and hard work in private cleanup investment over the next 7 wards these sovereign entities, many of which that brought them to victory. years. Under current law, the costs of new retain great physical and geographical barriers Members of the Central High School girls' buildings or permanent improvements that in- to proper infrastructure. This lack of direction basketball team are: Christy Burgess, Jessica crease the value of any property are not de- creates greater polarization between the tech- Wellard, Kathy Gochenour, Stephanie Lane, ductible. The community Empowerment Act nological haves and have-nots. Sarah Dinardo, Meghan Peer, Brandi Fleet, would make certain remediation costs deduct- Many rural tribes are caught in a jurisdic- Sarah French, Lindsey Rutz, Jewelee Magdic, ible if they were incurred while restoring a tional ``catch 22'' due to the existing lack of Tata Dooley, and their coach Roger Wilkins. qualified site. policy at both the Federal and State level. Members of the boys' cross country team are: While many States require telecommuni- Tim Cline, Matt Dinardo, Tim Clugasch, Mr. Speaker, leveraging public sector re- cations carriers to serve rural areas in Amer- Damon Harper, Kirk Kirkland, Bryce Long, sources to encourage private-sector commu- ica as part of a larger overall regulatory agree- Jason Long, Tony Scott, and their Coach Jo- nity investment is a fiscally responsible and ment, the States are not compelled to extend seph Huddle. wise means of promoting community develop- these services onto Indian lands. Con- On behalf of the citizens of the 10th District, ment and prosperity. I invite my colleagues to sequently, many rural Indian reservations fail I salute these teams and Central High School. sign onto this bill and vote for it. to receive adequate service. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E149 My bill does not seek to mandate States or cers has been enhanced by numerous family need for family planning. It appeared in the telecommunications carriers to provide serv- members and business associates. Mr. Vitale current issue of Popline, a publication of the ices. Instead, it asks the Federal Government is married to an exceptional woman named Population Institute on whose board of direc- to live up to the obligations it has as reflected Barbara whose community service has bene- tors I serve. in the Constitution, treaties, Federal statutes, fited the residents of Alpine, NJ for the past 13 FAMILY PLANNING IS REDUCING ABORTIONS and the course of dealings of the United years. Mr. and Mrs. Vitale have four accom- (By Hillary Rodham Clinton) States with Indian tribes. Where States and plished children: Andrea, Martin, Jr., Steph- The pregnant woman wore an alpaca shawl market forces fall short in providing adequate anie, and Barbara. Mr. Vitale's own business, over her blouse and full skirt, the traditional services at reasonable and affordable rates, it Vitale Enterprises, operates 10 Foodtown su- Indian dress in Bolivia. She looked about 36 is a Federal responsibility that should be pro- permarkets, some of which serve residents of and was attending a prenatal class at a vided by means of the Federal support mech- my district. health clinic I visited this week in the Boliv- anisms established under the universal service Harvey Whille, president of New Jersey's ian capital, La Paz. She was nursing a 3- provisions of the Telecommunications Act of largest labor union, United Food and Commer- month-old baby and expecting her eighth cial Workers [U.F.C.W.], Local 1262, is a man child, who she hoped would be her last. 1996. I was in Bolivia to attend the Sixth Con- The most important issue at stake here is of extraordinary commitment to the union ference of Wives of Heads of State and Gov- economic development and prosperity on In- members he represents as well as to his com- ernment of the Americas. Women from coun- dian lands. As the fiscal constraints of bal- munity. Mr. Whille's unwavering sense of re- tries throughout the Western Hemisphere ancing the Federal budget here in Washington sponsibility to the labor movement began in got together to talk about strategies to continues, we must counter spending cuts on 1962 as a rank and file member at Foodarama eliminate measles, promote education re- programs that benefit native Americans with supermarkets. Subsequently, he has served form and improve maternal health in our re- greater economic opportunity. as a shop steward, union organizer, represent- gion. The future of American economic prosperity ative, field director, secretary-treasurer, and Bolivia, a country of majestic beauty in the heart of South America, was an auspi- in rural America lies squarely on the back of local president to members who work in New cious location for such a discussion. More the telecommunications infrastructure through- Jersey and New York businesses, many of women die in Bolivia during pregnancy and out the land. Already we are seeing industry which are located in my district. Mr. Whille's childbirth than in any other country in sprout up in rural America where fiber optic dedication to community service has seen him South America. But in the face of this cables have been installed; the second com- function as the chairman of numerous chari- human tragedy, Bolivia has become a model ing of the railroad to many of these commu- table endeavors, including fundraising for of how one nation can respond to the crisis nities. It is imperative that we include native handicapped children. Mr. Whille has received of maternal mortality by galvanizing the Americans in the prosperity of the techno- honors from both the New Jersey Industrial government, non-governmental organiza- tions and the medical establishment to logical revolution. Union Council and the Civil Rights Committee launch a nationwide family planning cam- As the FCC prepares to adopt a policy on of U.F.C.W., region 1. Mr. Whille resides in paign. universal service, the implementation process Wall Township with his wife Donna with whom In a country where half of all expecting of the Telecommunications Act reaches a criti- he has four children, Timothy, Tammy, Thom- mothers go through pregnancy and child- cal stage. I believe it is important to make it as, and Tara, and three grandchildren. birth alone—without medical attention of perfectly clear that the intent of Congress can It is an honor to have two such distin- any kind—Bolivia’s aggressive effort to edu- only be fulfilled if the universal service policies guished individuals working on behalf of the cate women about their own health and their or procedures established to implement the residents of my district. I ask that my col- options for childbearing is resulting in safer pregnancies, stronger families and fewer act address the telecommunications needs of leagues join me in honoring Martin R. Vitale abortions. Without access to family plan- low-income native Americans. and Harvey Whille who epitomize the good ning, women in Bolivia—and in many devel- f that can be accomplished when people work oping nations—often turn in desperation to together toward a common goal. illegal, unsafe abortions that can end in IN HONOR OF TWO DISTINGUISHED f death or serious injury. Deaths from abor- INDIVIDUALS MAKING A DIF- tion complications account for half of all FERENCE IN THEIR COMMU- RELEASE MONEY TO SAVE maternal deaths in Bolivia. NITIES: MARTIN R. VITALE AND WOMEN’S LIVES As Bolivia has ably demonstrated, vol- HARVEY WHILLE untary family planning teaches women about the benefits of spacing children sev- HON. ELIZABETH FURSE eral years apart, breast-feeding, good nutri- HON. ROBERT MENENDEZ OF OREGON tion, prenatal and postpartum visits and safe OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES deliveries. It also decreases the number of IN THE HOUSE OF REPRESENTATIVES Tuesday, February 4, 1997 abortions. Bolivia’s success at preventing mothers Tuesday, February 4, 1997 Ms. FURSE. Mr. Speaker, a very important from dying and lowering abortion rates has Mr. MENENDEZ. Mr. Speaker, I rise today vote on family planning will occur this month. been possible, in part, because of help from to pay tribute to two outstanding individuals, The fiscal year 1997 Foreign Operations ap- the United States and other countries. The Martin R. Vitale and Harvey Whille, in recogni- propriations bill directs the President to submit U.S. Agency for International Development tion for their contributions to fostering a sense a Presidential Finding to Congress no later has provided financial and technical assist- ance to help Bolivia establish a network of of understanding within the labor and business than February 1, detailing whether or not the primary health care clinics. communities. Mr. Vitale and Mr. Whille will be spending restrictions imposed on family plan- The clinic I visited in La Paz is one that honored during the fourth annual Archbishop's ning overseas are having a negative impact the United States helped start. Called Labor and Business Recognition Dinner at the on the proper functioning of those programs. PROSALUD (which loosely translated, Marriott at Glenpointe in Teaneck, NJ. The Presidential Finding is to be included in means ‘‘for the good of health’’ in Spanish), The Archbishop's Annual Labor and Busi- a joint House-Senate resolution on which both the clinic has doctors and nurses who offer ness Recognition Dinner began with the pur- bodies must vote by February 28. If both the round-the-clock prenatal, obstetric and pedi- pose of recognizing those in both the labor House and Senate approve the finding, inter- atric services, as well as counseling about family planning in a poor neighborhood of and management fields who were making a national family planning funds will be released 15,000 people. In the first six months of 1996, difference to promote cooperation between on March 1 rather than the current July 1 re- the clinic staff provided 2,200 medical con- these two unique entities. Over the past 4 lease date of funds that have already been sultations, delivered 200 babies, registered years, this observance has become a vital appropriated. 700 new family planning users and immu- component in the ongoing attempt by the The President has submitted that finding nized 2,500 children. Catholic Church of Newark to encourage and and now we will have the opportunity to de- There are obvious benefits of such a pro- to enhance the dialog between labor and man- liver the international family planning funding, gram to Bolivian women, children and fami- agement. Additionally, this dinner has become which has been delayed already since Octo- lies, but health and family planning services also help alleviate poverty and contribute to a vital source of funding for the CYO/Youth ber 1 of last year. the economic stability of a democratic ally Ministries of the Archdiocese of Newark which I commend to my colleagues' attention the in our hemisphere. Yet opponents of foreign operates an Outreach Program in Jersey City. following column written by First Lady Hillary assistance and particularly of family plan- Martin R. Vitale's road to his chairmanship Rodham Clinton in which she portrays the sit- ning in Congress are trying to eviscerate of the Board of Directors of Twin County Gro- uation of real women's lives and the urgent U.S. funding for programs like the one I saw E150 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 at PROSALUD. Some argue that the United from his experiences and take his teachings to deduct the interest on their loans. Finally, this States has no national interest in the health heart. bill would eliminate the 10-percent penalty on and well-being of other countries’ citizens. f withdrawals from IRA's for higher education Others mistakenly suggest that family plan- expenses, allowing students additional access ning is being used to encourage—rather than TRIBUTE TO DOROTHY SMITH decrease—abortions. In fact, our government to resources for their education. has prohibited funding of any overseas Accessible and affordable higher education project that promotes abortion since 1973. HON. GREG GANSKE is essential to this Nation's ability to compete Ignoring this, Congress last year approved OF IOWA in the global market. In order to remain at the draconian cuts in family planning assistance IN THE HOUSE OF REPRESENTATIVES forefront of this growing worldwide economy, amounting to a 35 percent reduction in we need to ensure that our children have ac- Tuesday, February 4, 1997 funds. To add insult to injury, the cuts were cess to affordable education beyond high accompanied by new restrictions that de- Mr. GANSKE. Mr. Speaker, it is my pleas- school. Passage of this bill would help to bring layed delivery of aid for the first nine ure today to be able to commend a fine indi- months of the fiscal year. higher education opportunities to every inter- Similar harsh cuts and delays are included vidual, and a real friend to many people in ested individual. It is an investment in the fu- in the current budget, meaning that many southwest IowaÐDorothy Smith. ture of our young people and our country. I organizations could again be denied assist- For more than 10 years Dorothy worked for urge my colleagues to join us by cosponsoring ance for months and then receive it only in both myself and Congressman Jim Lightfoot in the Education Affordability Act. monthly installments. serving the people of Pottawattamie and sur- f According to a recent analysis by five pop- rounding counties. Dorothy was diligent, fair, ulation organizations, the funding cuts alone and thorough in helping people deal with the EZUNIAL ‘‘EZE’’ BURTS—A DISTIN- will result in an increase of 1.6 million abor- Federal Government. She was also an excel- GUISHED RECORD OF SERVICE tions, more than 8,000 maternal deaths, and lent representative of my office, ably taking my TO THE PORT AND PEOPLE OF 134,000 infant deaths in developing countries. LOS ANGELES Family planning campaigns at work in Bo- place when congressional business kept me in livia and elsewhere represent sensible, cost- Washington. effective and long-term strategies for im- Southwest Iowa will miss Dorothy's energy, HON. JANE HARMAN proving women’s health, strengthening fami- but I am sure she will remain active in the OF CALIFORNIA lies and lowering the rate of abortion. My community. I would like to thank Dorothy for IN THE HOUSE OF REPRESENTATIVES husband’s administration remains commit- her service, and wish her and her husband Tuesday, February 4, 1997 ted to the continuation of these investments. Gordon the best as they begin the next chap- And I will do everything I can to ensure that ter in their lives. Ms. HARMAN. Mr. Speaker, my colleague, U.S. support for these initiatives continues. Representative MILLENDER-MCDONALD and I If you share my concern, I hope you will add f are proud to join in congratulating and thank- your voice to mine and give all women ev- INTRODUCTION OF THE EDU- erywhere the same opportunities for their ing Ezunial Burts for a distinguished 12 year lives we take for granted in ours. (Permis- CATION AFFORDABILITY ACT OF record of service to the port of Los Angeles sion by Hillary Rodham Clinton and Creators 1997 and to the citizens of Los Angeles County. Syndicate.) As he departs from his position as executive f HON. DAVID E. PRICE director at the port to take the reins as presi- OF NORTH CAROLINA dent of the Los Angeles Area Chamber of TRIBUTE TO OFFICER WENTLANDT IN THE HOUSE OF REPRESENTATIVES Commerce, Eze can look around to see the remarkable achievements of his tenure. HON. LINCOLN DIAZ-BALART Tuesday, February 4, 1997 Whether measured by soaring increases in OF FLORIDA Mr. PRICE of North Carolina. Mr. Speaker, cargo tonnage and container volume or by its IN THE HOUSE OF REPRESENTATIVES today, I am introducing the Education Afford- tremendous impact on the economy of south- ability Act, together with my North Carolina ern California, Eze led the port to unprece- Tuesday, February 4, 1997 colleague and fellow educator BOB ETHERIDGE. dented growth. Major capital improvements Mr. DIAZ-BALART. Mr. Speaker, it is with This legislation is designed to make education completed in the last 12 years include the great admiration that I rise today to pay tribute more accessible and affordable for working intermodal container transfer facility, new con- to Officer Rick Wentlandt, a retired police offi- Americans and to give our young people the tainer terminals for Trans Pacific Container cer who is a real-life hero. I was honored to training that most new, good jobs require. Our Service [TraPac] and Nippon Yusen Kaisha have the opportunity to meet Officer bill would restore the tax deduction for student [NYK], and the new World Cruise Center, cur- Wentlandt's family at the dedication ceremony loan interest and the full tax exemption for rently the busiest west coast passenger facil- for the Officer Rick Wentlandt Survival City, scholarships and fellowships. In addition, it ity. which will continue the efforts that Officer would permit penalty free, withdrawals from in- And the future is equally promising. The on- Wentlandt began after surviving his own per- dividual retirement accounts to pay for higher going construction of new, state-of-the-art fa- sonal tragedy. education expenses. cilities, including the $2 billion Alameda cor- In 1981, Officer Rick Wentlandt of the In the last decade, the number of American ridor and $600 million pier 300/400 projects, Metro-Dade Police Department was severely students borrowing money for higher edu- will help ensure that the port is prepared for wounded while on duty and forced to retire. cation has doubled. The average cost of at- trade in the 21st century. As a testament to After miraculously surviving this tragic incident, tendance at a public college has increased 27 the port's financial strength, all three major in which he interrupted an armed rape and percent over the past decade while the cost of bond rating agencies gave the port AA ratings, managed to save a woman's life while he was private college has increased over 40 percent. the highest of any U.S. port without taxing au- shot six times in the process, Officer It is not unusual today for a working family to thority. Wentlandt took what he learned from this ex- spend over 25 percent of their income helping Eze has demonstrated many strengths that perience and began teaching a class on Offi- their child through college. Many of this Na- will suit him well in his new career. He has cer Survival Mindset Training. His teachings tion's talented young peopleÐyoung people been tremendously skillful working with di- have been used to train law enforcement offi- who are the future of this countryÐare unable verse groups of maritime partners and the cers, police trainers, and mental health profes- to attend college because of the financial international trade community and his genuine sionals from around the country about master- hardship. warmth and concern for port employees have ing the mental aspects of survival. Even after Our legislation would take significant steps won him the friendship, admiration, and re- his injuries forced him to retire from the police toward removing some of these barriers to spect of the 670-member port management department, Officer Wentlandt continued to higher education. First, it would restore the team and staff. He has served on many advi- volunteer his time, logging hundreds of hours pre-1986 tax laws governing student loans. In- sory committees and boards affiliated with port teaching survival skills to veteran officers and stead of penalizing young people who are gift- authorities and trade policy, including the new recruits. ed and fortunate enough to earn scholarships Intergovernmental Policy Committee of the Of- I feel extremely fortunate to have met Offi- and fellowships by taxing this money, our bill fice of the U.S. Trade Representative under cer Rick Wentlandt's family and sincerely ap- would make these resources tax exempt. Stu- the Clinton administration. Eze also has a preciate the contributions he had made to dents and their families who need to borrow to laudable record of service to the community at South Florida. It is important that we learn pay the costs of education would be able to large, serving on the board of directors of February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E151 such organizations as the National Forum for cut off this tremendously wasteful flow of ance problem. I am hopeful that this Congress Black Public Administrators, the Metropolitan scarce resources. Last Congress, the original will recognize the importance of relieving Med- YMCA, Hancock Savings and Loan and the Criminal Welfare Prevention Act attracted icare beneficiaries of the unfair burden they California Chamber of Commerce. nearly 200 cosponsors, and its SSI-related are currently shouldering when they receive Eze will be sorely missed, but his legacy re- portions are now law. The remaining OASDI health care in hospital outpatient departments. mains. We join the port community and our provisions passed the House late last year as f constituents in extending to him sincere appre- part of a Social Security Technical Corrections HONORING PAUL CLARKE ciation and wishing him and his family every bill, but Congress adjourned before Senate ac- success as he assumes the critical job of tion could be taken. Now is the time to finish president of the Los Angeles Area Chamber of the job. I urge my colleagues to cosponsor HON. HOWARD P. ‘‘BUCK’’ McKEON Commerce. this much-needed bipartisan reform. OF CALIFORNIA f f IN THE HOUSE OF REPRESENTATIVES Tuesday, February 4, 1997 INTRODUCTION OF THE CRIMINAL INTRODUCTION OF LEGISLATION WELFARE PREVENTION ACT, TO PROTECT MEDICARE BENE- Mr. MCKEON. Mr. Speaker, the residents of PART II FICIARIES California's 25th Congressional District re- cently recognized the passing of one of their dedicated and loyal citizens, Mr. Paul Clarke. HON. WALLY HERGER HON. WILLIAM J. COYNE Consultant, radio newsman, media expert, OF CALIFORNIA OF PENNSYLVANIA husband, son, father, and grandfather, Mr. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Clarke embodied the voice and vision of the Tuesday, February 4, 1997 Tuesday, February 4, 1997 residents of the San Fernando Valley. Re- membered in Washington as the chief of staff Mr. HERGER. Mr. Speaker, today Mr. Mr. COYNE. Mr. Speaker, today Represent- of Congresswoman Bobbi Fielder, whom he CLEMENT, Mr. SHAW, Mr. BUNNING, Ms. DUNN, ative STARK and I are introducing legislation to later married, southern Californians came to Mr. ENSIGN, Mr. HAYWORTH, and Mr. BURTON correct what has become a significant problem know him as a man with a firm grasp on the join me in introducing legislationÐthe Criminal for many Medicare beneficiaries. Under cur- pulse of the valley. Welfare Prevention Act, Part IIÐwhich will rent law, when Medicare beneficiaries receive Instrumental in Washington to furthering a prevent the needless waste of taxpayer dol- health care in a hospital outpatient department variety of issues important to the San Fer- lars. [HOPD], they are responsible for an average nando Valley, Mr. Clarke became known as a Last year, the 104th Congress took an im- of 45 percent of the total payment to the hos- talented political campaign consultant with an portant step forward in this regard by enacting pital. Obviously, this is far more than the 20 innate understanding of his community. Hon- legislation that denies Federal SSI benefits to percent copayment that was intended when est and forthright, Paul Clarke was an invalu- inmates of State and local correctional facili- the law was first enacted. able source of information for reporters and ties. Although prisoners were not entitled to This problem arose because the Medicare the news industry throughout southern Califor- these benefits under existing Federal law, law specifies that beneficiaries are responsible nia. there was no way to match prisoners in local for 20 percent of what the hospital charges for We will miss Paul Clarke's sense of humor, institutions with benefit checks mailed by the services rendered in their outpatient depart- wit, intelligence, and friendship. Our prayers Federal Government. The Criminal Welfare ments, while Medicare only pays 80 percent of go out to our former colleague, Bobbi Fielder, Prevention ActÐsigned into law as part of last what it deems to be the reasonable cost for as well as to all of Mr. Clarke's family. May year's welfare reform packageÐcreates a vol- such services. Until the past few decades, the Lord bless and keep him well. In our untary bridge between local sheriffs and the costs and charges remained relatively the hearts and thoughts, he remains. Federal Government, helping sheriffs identify same. However, over the past few years, f ineligible individuals. This commonsense re- charges have risen much more rapidly than form will save taxpayers millions of dollarsÐ reasonable costs, causing a rapid rise in ben- THE LEGACY OF THE LATE without imposing unfunded mandates or es- eficiary coinsurance liability. HONORABLE PAUL TSONGAS tablishing new government bureaucracies. Our legislation will correct the problem by However, there is still more work to do. establishing a new payment system for HON. FRANK R. WOLF Originally, the Criminal Welfare Prevention Act HOPD's which will allow the beneficiary co- OF VIRGINIA had aimed to deny local prisoners Social Se- payment to be fixed at 20 percent of a set IN THE HOUSE OF REPRESENTATIVES curity [OASDI] benefits as well, but these pro- amount and will also ensure that Medicare will Tuesday, February 4, 1997 visions were dropped from the final con- be paying its fair share. Mr. WOLF. Mr. Speaker, while the House ference report to comply with Senate rules We recognize that reducing the HOPD ben- was in recess in January, a former congres- against making changes to OASDI in a rec- eficiary copayment liability will cause a loss in sional colleague, retired Massachusetts Sen- onciliation bill. Consequently, many local pris- revenue for hospitals and will also cost the ator Paul Tsongas died after complications oners are still receiving OASDI benefits for Medicare Program money as it begins to pay from cancer. I was a long-time admirer of Paul which they are currently ineligible under Fed- its fair share of HOPD services. We do not be- Tsongas, especially for the wisdom with which eral law. lieve, however, that these are reasons to con- he approached life and the value he placed on To address this problem, we are introducing tinue to force senior citizens to pay increas- his family. the Criminal Welfare Prevention Act, Part II. ingly more than they should for HOPD serv- For many in public service, it often comes This bill will create monetary incentives for ices. We want to work with hospitals and with down to choices between the job and family. State and local law enforcement authorities to the Health Care Financing Administration to Do I attend the social event or go home for enter into voluntary data-sharing contracts with find a solution to this difficult and growing my son's birthday party? Do I go to the recep- the Social Security Administration. This ex- problem that faces millions of Medicare bene- tion sponsored by a special interest group or change of information will help get prisoners ficiaries. attend my daughter's soccer tournament? With off our benefit rolls and will save taxpayers an Our legislation will help to soften the blow to Paul Tsongas, there was no choice. Family estimated $35 million by the year 2002. Under the Medicare Program by simultaneously cor- came first and foremost. our proposal, if a participating local authority recting a problem in how Medicare pays for For several years I have used the way Paul reports to the SSA that an incarcerated con- some HOPD services. Because of a flaw in Tsongas lived his life as an example in my vict has received an OASDI check within the the payment formula, called the ``formula-driv- speeches about family values. One of my fa- previous 30 days, that local authority will re- en overpayment,'' Medicare has been system- vorite quotes from him is that he ``never heard ceive a cash payment of $400. If the discovery atically overpaying hospitals for many services anyone on their deathbed say, `I wish had is made within 90 days, the local authority will provided in HOPD's. While correcting the ben- spent more time with my business.' '' receive $200. Again, participation in these eficiary coinsurance problem will cost Medi- What are our personal priorities? People contracts is purely voluntaryÐour bill will cre- care money, correcting the formula-driven generally serve in the Congress because they ate an incentive structure, not an unfunded overpayment will help to mitigate the loss to want to help other people. But we need to re- Federal mandate. the program. member that while we serve in Congress try- In this time of severe budgetary constraints, I have introduced legislation in the past that ing to help others, we do not forget those who we strongly believe that Congress needs to would have corrected the beneficiary coinsur- matter most to usÐour families. E152 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 In some of my speeches I also use a quote the 166-page book is well-marked and dog- shelter facility for homeless women and chil- by Dr. James Dobson from a book on the fam- eared. dren in North County. Sister Claire recog- How’s this for baring your soul: ‘‘I was no ily. It says: nized the urgent need when a young pregnant longer the senator from Massachusetts. I was woman with two small children arrived at I have concluded that the accumulation of a frightened human being who loved his wife the door of her Youth Ministry. They had wealth, even if I could achieve it, is an insuf- and children and desperately wanted to not eaten in two days and were in despair. ficient reason for living. When I reach the live.’’ Or this: ‘‘In my desolation I had to There was no shelter facility to help them. end of my days, a moment or two from now, reach deep into my beliefs. Those beliefs had Armed with a firm resolution and a prayer, I must look backward on something more never been sorely needed before—not like Sister Claire took them home with her for meaningful than the pursuit of houses and this. Now it would be different. God would be the weekend. Shortly thereafter, she rented land and machines and stocks and bonds. Nor more a part of my life, no matter what hap- a house for this little family and another is fame of any lasting benefit. I will consider pened. This was not a revelation or born- young mother in need. As they came to her my earthly existence to have been wasted again experience. Not at all. Just a realiza- door, the poor, the tired, the hungry and the unless I can recall a loving family, a consist- tion that while I had taken myself this far in hurt, Sister Claire found more beds and more ent investment in the lives of people, and an life and done quite well, from here on I need- food . . . and so Saint Clare’s Home began. earnest attempt to serve the God who made ed to recognize who was guiding me. I had to From the very beginning, St. Clare’s Home be more aware that one does not go through me. Nothing else makes much sense. has been a community leader in the preven- life without God’s presence.’’ That quote could very well describe the life To me, the most moving part of Mr. Tson- tion of child abuse and domestic violence. of Paul Tsongas. Syndicated columnist Cal gas’ book appears near the end after he’s 90% of St. Clare’s residents come from do- Thomas also recently highlighted Paul Tson- given an interview to a newspaper in which mestic violence and sexual abuse with sub- gas' ``Strong and Positive Legacy'' and I would he speaks often of his love for Niki and his stance abuse addictions as a result of the like to share that article with our colleagues. It daughters. He turns to her and says, ‘‘You street life they’ve endured. know, after 10 years in this town, all that I It became the mission of Sister Claire certainly provides some food for thought for Frawley to provide food, shelter, clothing, setting priorities in our lives. will be remembered for is the fact that I loved my wife.’’ medical care, transportation, psychological A STRONG AND POSITIVE LEGACY ‘‘And what’s wrong with that?’’ Niki re- counseling, continuing education, job skills (By Cal Thomas) plied. training, encouragement and unconditional When a person dies prematurely, it In a time when reports of infidelity, allega- love. Most of St. Clare’s young residents prompts us to stop and contemplate our own tions of ethical shortcomings and various have never known unconditional caring or lives and whether we are spending our time, scandals sweep Washington and the nation, lived in an environment of emotional sup- what’s wrong with that, indeed? Can anyone like cash, to indulge our wants, or investing port. Their emotional response to these acts think of a greater legacy for his family or a in relationships that will pay lasting divi- of kindness is simply overwhelming. Their better example for the rest of us? Or a better dends. letters and poems of gratitude, pictures and epitaph for Paul Tsongas? Paul Tsongas, the former senator from art decorate Sister Claire’s office and the Massachusetts, died last weekend of com- f hallways of St. Clare’s administrative office. Even St. Clare’s Home logo is a loving re- plications from cancer at age 55. Although ST. CLARE’S HOME: SERVING we never met, and I was introduced to his minder of a small child who simply drew a wife Niki just once, Mr. Tsongas made a HOMELESS WOMEN AND CHIL- picture with the caption, ‘‘I love my home.’’ strong and positive impression on me. DREN IN NORTH SAN DIEGO This small picture appears on each piece of In a town where power is king, Mr. Tsongas COUNTY letterhead and business card at St. Clare’s never paid homage to the sovereign. He was Home. such an infrequent guest on the Washington Over the years, St. Clare’s Home has HON. RANDY ‘‘DUKE’’ CUNNINGHAM evolved into a public nonprofit non- party circuit that socialites knew better OF CALIFORNIA than to invite him for cocktails or dinner denominational agency serving over 3,250 IN THE HOUSE OF REPRESENTATIVES after work. Instead, he would depart his Sen- homeless women and children throughout ate duties as early as possible in order to be Tuesday, February 4, 1997 the County. Today, St. Clare’s operates eight with Niki and his three daughters. residential shelter homes supervised by Mr. CUNNINGHAM. Mr. Speaker, I rise to trained Case Managers and the Little Angels In a 1984 book called ‘‘Heading Home,’’ Mr. pay tribute to Sister Clare Frawley and her St. Tsongas wrote, ‘‘Niki and I did not frequent Learning Center for children’s day care, play the social circuit, and we knew it cost us. Clare's Home, located in Escondido, CA, in therapy and counseling services. The recent But the kids were more important to us than my congressional district. addition of a Counseling and Resource Cen- being regulars on Embassy Row or in hotel During the recent district work period, I had ter provided the opportunity to expand edu- ballrooms.’’ That’s family values in practice. the privilege of visiting St. Clare's Home for cational and program services. This new fa- He was equally open about his fears follow- myself. What I found was a true refuge where cility has served to enhance the women’s ing the cancer diagnosis: ‘‘I felt totally women and children in tremendous need perspective with broader exposure, moti- alien. I was one of the select few in the Unit- could find real hope. In those tragic instances vated their desire for personal growth, as- ed States Senate—the most exclusive club in sisted them in goal setting and achievement, where people are victims of domestic violence, and boosted their self confidence . . . all the world. I did not want membership in a child abuse, or worse, in North San Diego club of the afflicted.’’ steps toward their ultimate goals: self worth County they have the loving arms of St. and independence. Mr. Tsongas learned quickly that Washing- Clare's Home to find hope and rest. Further- ton is a town that loves you only when Homeless women and children may stay at you’re ‘‘up’’; when you’re down, you’re out. more, the St. Clare's Home staff work to pre- St. Clare’s Home for 2 years. Although pre- He wrote, ‘‘most of Washington views people vent child abuse, domestic violence, sub- dicting the time it takes to repair a broken through the prism of title. Did my friends stance abuse and sexual abuse in the com- spirit is nearly impossible, St. Clare’s Home like me for my office? One could never know. munity through educational and other pro- sets precedent for program longevity in San And this doubt always had a corrosive effect grams. All together, St. Clare's Home provides Diego County, providing aftercare services to assure a successful transition to independ- upon our feelings.’’ emergency shelter, a maternity home com- Despite his upbeat demeanor following the ence. St. Clare’s Home is funded by generous plete with prenatal care and child-rearing edu- corporations like UPS, foundations, individ- cancer diagnosis (he demonstrated to the cation, a transitional program, a child care and press how healthy he was by allowing cam- uals and government grants. St. Clare’s eras to show him swimming), Mr. Tsongas learning center, substance abuse treatment Thrift Shoppe receives inkind gifts and has had been told by doctors 13 years ago that programs, a counseling center, and much the loyal support of longtime volunteers and his form of cancer had never been cured and more. service clubs. that the statistical average for life expect- I came away impressed and humbled by the f ancy of people in similar cases was eight love and care that Sister Clare Frawley and years. He beat the odds by five years. her staff put into the work of St. Clare's Home. INTRODUCTION OF THE DISTRICT Sometimes we get so caught up in political They are truly doing the Lord's work in our OF COLUMBIA ECONOMIC RECOV- and philosophical divisions that we forget community. ERY ACT not only the humanity of those with whom I ask that the following statement, a history we disagree, but that we might actually of St. Clare's Home, be entered into the per- HON. ELEANOR HOLMES NORTON learn something from them if we take the manent Record of the Congress of the United time to listen. OF THE DISTRICT OF COLUMBIA ‘‘Heading Home’’ has had such a profound States, as a thankful tribute to their staff's IN THE HOUSE OF REPRESENTATIVES work in the community I represent. impact on this economic and social conserv- Tuesday, February 4, 1997 ative that I have often quoted from it (most THE HISTORY OF ST. CLARE’S HOME recently in an address to new members of the In 1983, Sister Claire Frawley founded St. Ms. NORTON. Mr. Speaker, today, I am in- Congress from both parties), and my copy of Clare’s Home. Before that time there was no troducing the District of Columbia Economic February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E153 Recovery Act [DCERA] as my first bill of the sus data. This city is on track to lose nearly Our greatest risk at this late hour is that 105th Congress. It would be irresponsible not three times as many residents in the 1990's even a tax cut may be too little to check the to do so. I introduced virtually the same bill on as in the 1980's. Today, the city's population flight. At the very least, however, the over- April 15, income tax day, last year. I reintro- has dropped to where it was in 1933. Yet, the whelming support for the bill among residents duce the bill today for two reasons: First, le- President's proposal will leave 90 percent of of every ward, every income group, and every thal taxpayer flight continues unabated; sec- District Government costs that are currently racial and ethnic background is some evi- ond, the District has no State safety-net funded from locally raised revenues to be dence that the bill will help keep taxpayers backup to recycle income back from wealthier picked up by a tax base that is being miniatur- here who might otherwise leave. The DCERA areas. With only the residents who remain ized. will give us time to improve services and to available to keep the city alive, a tax cut in- The analysts agree on the two basic nec- more fully regenerate our tax base. The intro- centive to keep taxpayers here has become essary for the city to recover: An adequate tax duction of the DCERA and the strong support an imperative. In short, taxpayers are in full base and relief from State functions and pen- it has won in the Congress has already raised flight, and only a dramatic and focussed incen- sion liability. We are gratified that the Presi- resident morale and contrasts sharply with the tive can keep them here. dent's proposal strides in the direction we long-running dearth of support for other ap- The DCERA will reduce Federal income must go to fund at least some of the functions proaches to help the District in the House and taxes in three ways. First, to effect the tax cut no city could bear today. My bill assures that Senate. the DCERA raises the traditional standard de- his plan will not be stillborn. Stated painfully, Time is running out to stop the taxpayer duction and personal exemptions: $15,000 in- but plainly, the President's plan will fail if tax- drain. We must hope that we have not already stead of $6,550 for single filers; $25,000 in- payers continue to leave at the present rate. passed the point of no return. Once a city stead of $8,450 for single heads of household; The DCERA has been carefully crafted as a loses a critical mass of taxpayers, it loses the and $30,000 instead of $11,800 for married bipartisan bill consistent with the principles of capacity to turn taxpayer losses around. No joint filers. Thus, residents who can least af- both parties. It is sizable enough to attract Re- city has ever reversed a taxpayer hemorrhage. ford to pay the city's high taxes and the high publicans and to act as a realistic incentive for With the city on life support and no state safe- cost of livingÐwith incomes below $15,000, District residents to remain. It is steeply pro- ty net to rescue the District, the greater risk $25,000, and $30,000Ðwill pay no Federal in- gressive in the tradition of Democrats in gen- lies in doing nothing. come taxes. Second, a uniform rate of 15 per- eral and the 1963 JFK tax cut in particular. Only blinders to the last great injustice on cent will be applied progressively up the in- Once the bill is passed, half of District resi- American soil could lead any American to come scale to reduce present tax liabilityÐ dents will be off the Federal income tax rolls. question a bill reducing Federal taxes on the from a 79-percent reduction to a 34-percent Tax cuts for working people will progressively residents of the Nation's Capital. Third per reduction, depending on income. The lower depend on income. capita in Federal income taxes, District resi- To encourage investment in a city desperate the income, the greater the tax reduction. The dents stand alone in shameful defiance of the uniform rate rescues residents from bracket for business, the DCERA taxes small District- based business at the 15-percent rate and American principle of no taxation without rep- creep, the mechanism that taxes away a por- eliminates capital gains, but only for District resentation. The four territories pay no Federal tion of an individual's income as it increases residents, thus accomplishing two goals at income taxes yet have the same representa- from one bracket to the next. The uniform rate once. It helps reverse the huge business exo- tion in Congress as the District. The four terri- assures that residents whose income in- dus from a city that is dangerously over- tories have full self-government; the District's creases because of the tax cut will not have dependent on the rapidly downsizing Federal limited home rule is self-government only any significant portion immediately taxed sector, while encouraging business people to when the Congress says so. The Congress away. Third, the mortgage interest and chari- reside hereÐthe only way to take advantage will compound the harsh civic injustice it im- table deductions remain. The home mortgage of the DCERA. Already impoverished, the Dis- poses if it also insists on taxing the District's interest deduction is especially vital because trict's business sector lost 1,800 businesses tax base into extinction. With the DCERA, Dis- homeowners make a sizeable investment in between 1990 and 1995. trict citizens ask only to rebuild their own city the city and are most likely to remain here. Equally important, the bill contains protec- with their own money. Their country owes Home ownership in the District of Columbia is tions against gentrification and unnatural in- them that, and more. the lowest among the 50 States and the Dis- creases in the cost of living. For example, the trict of Columbia. DCERA applies only to bona fide District resi- DCERA PROVIDES SIZABLE PROGRESSIVE TAX The bill also seeks to spur business and dents who spend 183 days of each taxable REDUCTIONS economic development in the city in two ways. year physically in the city, to wages earned in IRS deduc- DCERA de- First, the DCERA exempts capital gains so the District or the metropolitan region, and to tion duction long as they derive from District investments investment income earned on District invest- Single Filer ...... $6,550 $15,000 by District residents. Second, investment in- ments only. The bill exempts capital gains Head of Household Filer ...... 8,450 25,000 come will qualify for the low 15-percent rate, taxes only on investments in the District by Married-Joint Filer ...... 11,800 30,000 so long as these are investments in activity District residents. Stand-by legislation further within the District by District residents. Social guards against unnatural increases in the cost Percent re- duction in Security income and income from traditional of living. Examples include: a city council bill Income range No. of filers tax liabil- IRS-qualified pension plans also qualify for the passed last year, at my request, that freezes ity 1 low DCERA rate. property, sales, and income taxes effective Under $15,000 ...... 50,390 100 In the absence of a State, a unique tax in- when the DCERA is enacted; a measure simi- $15,000–$29,999 ...... 87,117 79 $30,000–$49,999 ...... 52,060 51.2 centive is fully justified, is profoundly fair, and lar to TRIM in Prince George's County that $50,000–$74,999 ...... 23,568 44.2 absolutely essential. The tax cut is justified limits property tax rates and the growth of as- $75,000–$99,999 ...... 9,822 36.8 $100,000–$199,999 ...... 10,259 35.7 and fair because District residents pay the full sessments; a surtax on capital gains if derived $200,000+ ...... 4,286 34.2 load of Federal taxes while lacking full rep- from excess profits; and a revolving fund for resentation and full home rule, and they have zero-percent interest loansÐor tax creditsÐfor Total filers ...... 237,502 44.3 no State to recycle income from wealthier home buyers to cover unusual increases in 1 Includes a tax rate of 15 percent and charitable and mortgage deduc- areas. Instead, the city is burdened with just home prices, with the money to be paid back tions, which are retained. the opposite. The Congress has imposed on upon the sale of the home; and the mainte- f District residents the cost of providing services nance of rent control. The bill also requires the FRANK ‘‘MAC’’ MC CARTY for commuters while protecting them from pay- Secretary of the Treasury to prepare an an- ing any part of the rising cost of those serv- nual study to determine the effects of the bill, HON. JAMES A. BARCIA ices. The tax cut is essential because every thus allowing each year for the correction of OF MICHIGAN plan and proposal, including the recent, wel- unintended consequences, if any. However, IN THE HOUSE OF REPRESENTATIVES come proposal by President Clinton, will pick the analysts and experts who have studied the up only a small fraction of the costs the Dis- DCERA closely to not predict unusual effects, Tuesday, February 4, 1997 trict taxpayer bears. As important and gratify- but rather, they indicate that the market will Mr. BARCIA. Mr. Speaker, the people of ing as the President's plan is, its basic as- discount for urban conditions in general and Flushing, MI, have endured a great loss with sumption is that there will be a large enough conditions and services in the District of Co- the recent death of Frank McCarty, a man tax base here to pay for most of the costs of lumbia in particular in the prices of property who for over 30 years served the people of his the city. That assumption defies the latest cen- and other investments. community in the best way he knew howÐas E154 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 an advocate for them as a member of the city one light infantry division. I am also compelled can be lifted into any region in the world council. to set the record straight regarding CBO's as- with just 500 sorties of C–141s vs. over 2,300 Even though he had reached 75 years of sertions about the 10th Mountain Division's for the Army’s mechanized divisions (first units are loaded in 18 hours). age, Frank McCarty believed that there was role in Somalia. To let CBO's assumptions go In the paragraphs which follow, I challenge always something more to do, something new unchallenged would be a disservice to our Na- the CBO assertions with the facts. to experience. He refused to let the knowledge tion and those men and women in uniform CBO Assertion: Recent history indicates that he was ill discourage him from further ac- who risk their lives to defend it. that the United States may not need those tivity. He viewed what time he had remaining Mr. Speaker, I believe the facts presented in divisions. Between 1945 and 1991, about 120 in- not as a time to dwell upon his own situation, the following January 16 letter to the Director cidents—excluding major conflicts such as but rather as a time to show that no matter of the CBO will provide a solid basis for future those in Korea, Vietnam, and Iraq—required commitment of U.S. ground forces. Of those, what our own difficulty might be, there is al- consideration of such important issues. I am the Army was involved in about a third and, ways something more that can be done for especially pleased that in her response, which even then, generally not in large numbers. others, whose situation may be worse than also follows, the Director has pledged to ``be Fact: I have found your assertion that our own. more explicit about the advantages and merits light infantry forces were used very little The people of Flushing knew Frank McCarty attributable to light infantry divisions'' in future from 1945 to 1991 to be a misleading state- as both a public servant and as a business- editions of the report. ment. The infantry units in question were man. His service station was a key point of Mr. Speaker, I submit the exchange of cor- created in the mid-1980s, covering only six years of the CBO study. According to an Oc- activity in town, and provided many jobs for respondence for your interest and commend it tober 1996 study by Science Applications young people looking to enter the work force to our colleagues for their thoughtful review. International Corporation (SAIC), light in- for the first time. U.S. CONGRESS fantry units have been deployed in battalion Last year, a baseball stadium in Eastview HOUSE OF REPRESENTATIVES, or larger force a total of 13 times in the last Park was named after Frank, and his wife Washington, DC, January 16, 1997. 15 years. During five of these deployments, a Maxine, in recognition of his years of service. Ms. JUNE E. O’NEILL, Director, division or larger light infantry force was Congressional Budget Office, used (URGENT FURY—Grenada 83; JUST This was a most fitting tribute to a family that Washington, DC. has been as important to the community as CAUSE—Panama 89; DESERT SHIELD/ DEAR MS. O’NEILL: I call to your attention STORN—SWA 90; RESTORE/CONTINUE the community has been to the family. His de- the August 1996 CBO report, Reducing the HOPE—Somalia 92; RESTORE/UPHOLD DE- votion is what earned him the Citizen of the Deficit: Spending and Revenue Options and MOCRACY—Haiti 94) Year Award in 1989, and the Award for Out- specifically the section (DEF–17) entitled CBO Assertion: The light infantry divi- standing Contribution to the Community in ‘‘Reduce the Number of Army Light Divi- sions have limited firepower and tactical 1996. sions.’’ At the onset, I want to thank you for mobility once deployed. His wife Maxine, and his daughters Sharon, your response to my August letter in which Fact: Light infantry divisions, by their I asked for the data supporting the conclu- Ann, Mary Beth, Amy, and Nancy, had the very nature do not have the firepower or mo- sion that the number of divisions be reduced. bility existing in the U.S. mechanized divi- privilege to share in his entire life, so I am DEF–17 asserted that the Department of sions because they are, in fact, tailored for sure their loss is even greater. They should Defense could save over $16 billion in six other missions. Light infantry divisions know, Mr. Speaker, that the city of Flushing years by eliminating one light infantry divi- must be offensive, capable of using stealth reveres what Frank McCarty has done. The sion (LID) and an airborne division by con- and attacking by infiltration, air assault, work of this gentleman shows in every neigh- solidating the airborne and air assault divi- ambush and raids. These forces, by virtue of borhood and in thousands of faces. The many sions into one division. The remaining light the terrain in which they are required to op- infantry divisions would consist of one light erate, do not have the capability to carry associations who were privileged with his infantry division and one airborne division of membership, including the Genesee County high caliber weapons. To offset a lack of fire- two air assault brigades and one airborne power the LID dismounted company size is Small Cities and Villages Association, and brigade. near double the size of a mechanized dis- Central Communications Consortium, the Main Having reviewed the matter carefully, I mounted company force; around 120 in light Street Reconstruction Group, the Fire Services must emphatically disagree with CBO’s con- company and about 68 in a mechanized com- Committee, the Flushing Area Senior Citizens clusions. I have found many of the assertions pany. A recent study by SAIC for the 21st Advisory Committee, and the Library/Senior contained in DEF–17 to be faulty and with- Century concludes that, in the future, more Annex Board. out merit. As a Member of the National Se- conflicts will be fought in densely populated, Occasionally life presents us with an out- curity Committee, I well understand the urban environments. Heavy forces are not as need to spend every defense dollar wisely. It standing and dedicated individual. We want well designed to combat infantry in urban is in that context that I believe our light in- environments where it takes time and man- that person to be with us forever, but must fantry divisions are one of our best national power to clear buildings and blocks. These satisfy ourselves with the memory of the indi- security investments. They have enabled us capabilities together with its strategic pro- vidual, the record of achievement, and the ex- to meet the ever-increasing demands on the jection capability offer excellent balance to ample of devotion. Frank ``Mac'' McCarty was United States in this post-Cold War era. the full spectrum Army. such a man. He will be missed. That having been said, I feel compelled to CBO Assertion: The Defense Department f provide you with facts as to why we cannot made a strong statement about the utility of afford to eliminate one light infantry divi- the LIDs in combat when it failed to use any LIGHT INFANTRY DIVISIONS: ONE sion. I also believe it imperative that I set light infantry forces during Operation Desert OF OUR BEST NATIONAL SECU- the record straight regarding the 10th Moun- Storm. RITY INVESTMENTS tain Division’s role in Somalia. To let DEF– Fact: Your report states that the Depart- 17 go unchallenged would be a disservice to ment of Defense failed to use any light infan- our men and women in uniform. try forces during Operation Desert Storm HON. JOHN M. McHUGH One of the primary lessons of military his- (ODS). This is totally an inaccurate state- OF NEW YORK tory is that to accurately predict the timing ment. Both the 82nd Airborne and the 101st and location of future conflicts is nearly im- Airborne (AASLT) were deployed in ODS. Al- IN THE HOUSE OF REPRESENTATIVES possible. It is, therefore, essential to have though the 82nd Airborne Division did not Tuesday, February 4, 1997 military forces capable of being tailored for parachute into the area of operations, it was a variety of scenarios. Even in the mid-1980s the first U.S. ground force rapidly projected Mr. MCHUGH. Mr. Speaker, I call your at- military planners visualized a need for forces to Saudi Arabia to show U.S. military com- tention to an issue of great importance to the to protect our national interest in other mitment and resolve to the region. The high- defense posture of the United States which than the European theater, forces that must est demonstration of U.S. resolve to defend takes on an even greater significance as the be prepared to conduct low- to mid-intensity Saudi Arabia from Saddam Hussein was to Department of Defense undertakes a study of conflicts. Heavy units need lighter forces to put soldiers on the ground as quickly as pos- the military of the future. operate between and among them on terrain sible. The 82nd Airborne was on the ground An August 1996 Congressional Budget Of- not suitable for heavy vehicles: forests, within 24 hours. This action drew the line in fice report, ``Reducing the Deficit: Spending mountains, urban and other areas. The Army the sand and allowed time for the heavier and Revenue Options,'' and specifically sec- needs traditional general-purpose light in- units to arrive in the Area of Responsibility fantry utilizing light infantry tactics: forces (AOR). The 101st was utilized not only in tion [DEF±17] entitled ``Reduce the Number of that could be used in a wide variety of envi- Desert Storm by air assaulting 153 miles into Light Infantry Divisions,'' is seriously flawed in ronments and provide the National Military the enemy rear and securing key tactical ob- both its analysis and conclusions. Strategy with its rapid and mobile strategic jectives along the Euphrates River, but also I believe it is imperative that the facts be punch or show of force to deter or compel po- early in Desert Shield as a covering force in known as to why we cannot afford to eliminate tential adversaries. Light infantry divisions defense of Saudi Arabia. It should also be February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E155 noted that the light infantry divisions re- Surely this is not characteristic of the type situation in which they encountered the Irish mained in the continental U.S. to provide of thoughtful work we have come to expect people. Men, women and children literally the U.S. with a strategic reserve to react to from the Congressional Budget Office. In the starved to death on the roadside and families any threats seeking to capitalize on the U.S. future, I hope that your military analysts deployment. will be more careful in their study of such huddled together in the cold waiting to die. In CBO Assertion: The 10th Mountain Divi- important issues. fact, while visiting Ireland in 1845, the African- sion’s firepower and protection proved to be Sincerely yours. American abolitionist Frederick Douglas wrote inadequate against even the unsophisticated JOHN M. MCHUGH, that the people of Ireland ``are in the same and poorly equipped troops in Somalia. Member of Congress. degradation as the American slaves.'' Fact: The 10th Mountain Division deployed A number of British groups threw aside the to Somalia in 1992 with the mission of pro- U.S. CONGRESS, viding protection to the relief workers as prevailing prejudices against the Irish to pro- CONGRESSIONAL BUDGET OFFICE, vide relief from what had become a starvation they distributed food to the hungry. During Washington, DC, January 29, 1997. the entire time the 10th Mountain Division of epidemic proportions in the colony. The Hon. JOHN M. MCHUGH, was deployed to Somalia it accomplished its U.S. House of Representatives, Quakers, or the Society of Friends, even set mission of protection and food distribution Washington, DC. up a vast array of soup kitchens throughout without any soldiers losing their lives. Mis- DEAR CONGRESSMAN: Thank you for your the countryside. However, it was not enough sion creep (an evolving escalating require- letter of January 16, 1997 outlining your ob- to stop the hunger and loss of farming wages. ment) redefined the U.S. role in Somalia and jections to CBO’s option concerning the By the end of the epidemic in 1850, more than the forces were not re-tailored. As a result of Army’s light divisions in our August 1996 one million Irish had perished from the hunger, this mission creep, Special Operating Forces edition of Reducing the Deficit. We appre- (SOF) were deployed to key objectives to dis- cold and disease brought about by the potato ciate your taking the time to inform us of blight. It seemed the only way to elude the rupt enemy command and control nodes. your concerns. In future editions of Reducing During one of the operations, the SOF oper- the Deficit, we plan to be more explicit horrors of the famine was to leave IrelandÐ ating in a different AOR required immediate about the advantages and merits attrib- and so many did just that. support and regrettably none was available. utable to light infantry divisions, and also to Although the voyage was treacherous and After this operation it became apparent that clarify some statements that may have been relatively expensive, more than one million the mobility and protection that armor misinterpreted. Irish emigrated to the United States during the forces have were necessary in the region if I would ask you to please keep in mind, famine. Initially, they settled in the cities of the the U.S. was to pursue its redefined mission. however, the fact that each of the entries in- CBO Assertion: There have been no divi- northeastern seaboard such as Boston and cluded in Reducing the Deficit: Spending and sion size parachute assaults involving an en- Revenue Options is just that, an option to be New York. Later they pushed westward to Chi- tire division since World War II. Addition- considered as a means to reduce the deficit. cago, the Great Plains and the uncharted ally, paratroop-qualified units exist in the CBO does not endorse any of those options western territories. With them they brought special forces branch of the Army, and it is and draws no conclusions regarding their their Celtic culture and determination. Aside not obvious that the Army needs an entire merit. from impacting the basic makeup of the Amer- division designed to be dropped by para- Sincerely, chute. ican people, Irish-Americans have made sig- JUNE E. O’NEILL, FACT: While CBO correctly stated that Director. nificant contributions in American business, there has been no division level airborne in- f law, music, athletics, literature, religion and sertions since 1944, the capability for an air- THE IMPACT OF THE IRISH PO- politics. In fact, U.S. Presidents John F. Ken- borne division insertion still exists. Special nedy and Ronald Reagan, considered by Operating Forces, in this case the Rangers, TATO FAMINE ON AMERICAN HISTORY many to be the greatest Presidential orators of are required to have the capability for initial their respective political parties this century, forced entry. The only reinforcement we have to expand lodgment is to assault are both from Irish-American families. airland; to insert vertically; of if tactically HON. RODNEY P. FRELINGHUYSEN Perhaps, though, the legacy of the Irish feasible to air assault. Assault airlanding OF NEW JERSEY famine's immigration wave to America is most places vulnerable Air Force Strategic lift as- IN THE HOUSE OF REPRESENTATIVES evident in our everyday lives. Today, more sets on the ground and can be accomplished Tuesday, February 4, 1997 than 1.5 million of New Jersey's 8 million in- only if the insertion unit can secure an air- habitants claim some Irish descent, as do mil- field and if the airfield is not damaged. In Mr. FRELINGHUYSEN. Mr. Speaker, today lions of other Americans. The resolution put fact, many plans require airborne engineer I introduced legislation along with Representa- forth today by myself and Representative units to build an airstrip to establish an aer- tive MENENDEZ to encourage America's MENENDEZ recognizes the contributions made ial port of debarkation. Airborne insertion is schools to teach our young students about a by far the fastest way to mass combat power by Irish-Americans to our greater American tragic period in history that nearly destroyed heritage. Irish-Americans have left an indelible for initial entry. The standard airborne force the people and country of Ireland and forever package requires a brigade task force. In mark on our American culture and history, and order to maintain a brigade on two hour no- changed the face of America. for that reason our children should learn more tice and capable of deploying in 18 hours to The mass starvation in Ireland from 1845 to about the tragic famine which brought so any AOR, the division must rotate the duty 1850 initiated by the dramatic failure of the many of them to our shores in search of free- among two other brigades. The necessitates Irish potato crop is most commonly referred to dom from hunger, freedom from want and three airborne brigade task forces. as the Irish potato famine. Although Europe's freedom from colonial rule. The balance of the current Army force poorest country in the middle 19th century, structure is based upon the commitment of Ireland's 8 million inhabitants were curiously the U.S. around the world and the require- f well nourished. The Irish people relied on the ment to execute the National Military Strat- THANKING KENNETH SAMUEL egy. The Army has four divisions which are potato for the bulk of their diet since it was in- strategically fixed; two in Germany for our expensive and high in nutrients. However, in MCCALL NATO commitments, one in Korea for deter- 1845, the Irish potato crop was ruined across rence by treaty arrangement, and one in the the entire countryside by phytophthora HON. ALBERT RUSSELL WYNN Pacific to support USCINCPAC require- infestans, an airborne pestilence. At the time, OF MARYLAND ments. The Army must also be prepared to no one knew what caused the potato blight IN THE HOUSE OF REPRESENTATIVES commit two corps of at least three divisions and so little could be done to save the crops. to Major Regional Conflicts (MRCs) in the Tuesday, February 4, 1997 East and West. Accepting that, at least one Across the whole of Ireland, potatoes simply division will be forward deployed in the re- rotted on the ground. Mr. WYNN. Mr. Speaker, I ask my col- gion and the Army must deploy five addi- The failure of the potato crop led to the in- leagues from the great State of Maryland, and tional divisions for a total of ten divisions. ability of most Irish families to pay the rent on of this House, to join me in saluting a constitu- The light infantry divisions offer the capa- their cottages which, after Britain's annexation ent of the fourth Congressional District of bility of rapid strategic mobility and a bal- of the island in the late 18th century, were Maryland and a great American. Mr. Kenneth ance to the Army’s total force. They are de- often owned by British landholders. The vi- Samuel McCall has made outstanding con- signed to be utilized in low- to mid-intensity cious cycle of poverty was held intact by both tributions to the Edison Electric Institute during conflicts with limited support; to integrate with armor forces in high-intensity conflicts, the continuation of the potato blight and the his 41 years of dedicated service. I congratu- and to fight where armor cannot. active exportation of the Irish grain crop by the late him on the occasion of his retirement, and I believe the above analysis clearly indi- British Crown. Those who traveled across the offer my best wishes to him and his family as cates that DEF–17 is faulty in its assertions. island during the famine noted the horrifying he enters a new chapter in his life. E156 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 INTRODUCTION OF LEGISLATION Security disability beneficiaries with severe the day. At 12:55 a.m. on the morning of Feb- TO SUSPEND DUTIES ON CER- spinal cord injuries the same protections as ruary 3, a German U±boat spotted the Dor- TAIN IMPORTED RAW MATE- are afforded the blind. chester only 15 miles away from its final des- RIALS Spinal cord injury can result in paralyzing in- tination and fired a deadly barrage of tor- juries that severely affect their lives, and their pedoes. The hit was decisive, striking the star- HON. JIM McDERMOTT ability to provide for themselves and to work. board side, far below the water line. OF WASHINGTON My legislation seeks to help those who have IN THE HOUSE OF REPRESENTATIVES somehow overcome their debilitating injury Aboard the Dorchester, chaos set in. The di- rect hit had killed several men instantly, while Tuesday, February 4, 1997 and are able to earn some money, but who still need to retain basic support as is provided others were seriously wounded. Throughout all Mr. MCDERMOTT. Mr. Speaker, today I am under Social Security Law. of the pandemonium, according to those introducing legislation which supports impor- Under the current law governing the Social present, the four Army chaplains brought hope tant regional and national interests. My home, the Seventh Congressional Dis- Security Disability Program, applicants are eli- in despair and light in darkness. When the trict of Washington, is also the home of K2 gible for benefits if they are determined to chaplains opened a storage locker and began Corp., the last remaining major U.S. manufac- have the ability to earn no more than the sub- distributing life jackets, they realized that there turer of skis and one of three major makers of stantial gainful activity [SGA] amount, which is would not be enough for all the men aboard snowboards in the United States. K2 conducts $500 a month. the ship. When there were no more life jackets all significant manufacturing operations for skis The SGA is used in determining whether in the storage room, the chaplains removed and snowboards at its Vashon Island, Wash- beneficiaries can continue to receive assist- theirs and gave them to four frightened young ington facility. In fact, all K2 snowboards and ance. If they earn income over $500 a month, men. they will lose these benefits. virtually all K2 and Olin-brand skis sold As the ship went down, survivors in the throughout the world are individually crafted by The Senior Citizens' Right to Work Act of 1995 increased the SGA amount for blind indi- nearby rafts could see the four chaplainsÐ technicians on Vashon Island. Moreover, K2 arms linked and braced against the slanting sources almost all of the components for its viduals to countable earnings of $1,000 per deck. According to eyewitnesses, the chap- skis and snowboards in the United States month, which took effect on January 1, 1997. stimulating the U.S. economy through its pur- This provision allows disabled individuals who lains were heard offering prayers for the sol- chases of raw materials from U.S. suppliers, are blind to qualify for Social Security disabil- diers who had died in the wreckage. Of the especially in the Pacific Northwest region of ity, even if they can earn up to $1,000 per 902 men aboard the ship, 672 died, leaving the country. However, for two key ski and month. It would also allow blind individuals to 230 survivors. When the news reached Amer- snowboard components, i.e., spring steel continue receiving benefits if they return to ican shores, the nation was stunned by the edges and polyethylene base materials, K2 work and earn a monthly amount not in ex- magnitude of the tragedy and heroic conduct has been unable to find a supplier of these cess of $1,000. of the four chaplains. As Francis B. Thorton products in the United States that can meet its My legislation seeks to allow persons with notes in his book, Sea of Glory: The Magnifi- needs. Therefore, K2 has been forced to im- severe spinal cord injury to have the same cent Story of the Four Chaplains, ``Catholic, port these products, which are subject to U.S. SGA as beneficiaries who are blind. These se- Jew and Protestant; each proved that night customs duties upon importation. This legisla- verely disabled beneficiaries should not be that courage knows no distinction of creed, tion provides for a temporary suspension of discouraged from working to help offset their bravery no division of caste.'' needs which are at least equivalent to the customs duty on the two raw materials which The four Army chaplains were posthumously are vital to the U.S. production of skis and blind, or even greater. awarded the Distinguished Service Cross and snowboards and which are unavailable from Social Security disability benefits should not domestic producers. be withdrawn from severely disabled spinal Purple Heart at a ceremony at Fort Myer, VA K2 is working hard to remain viable in the cord injured persons because they have the in 1944. Since these events, a chapel in Phila- highly competitive international market for skis initiative and courage to earn up to $12,000 a delphia honoring their heroic act of selfless- and snowboards. In fact, K2 has endured as year. If they can help themselves notwith- ness was dedicated by President Truman in a U.S. ski manufacturer in the face of fierce standing their disabilities, they should be en- February of 1951 and the chaplains were price competition, while several other major couraged to do so. I urge my colleagues' sup- posthumously awarded a Special Medal for ski companies no longer manufacture skis in port for this legislation. Heroism in January of 1961 by President Ken- the United States. This temporary duty sus- f nedy. Additionally, a memorial fountain at the pension legislation would support jobs in the THE FOUR CHAPLAINS National Memorial Park outside of Washing- region, as well as K2's ability to continue de- ton, DC was constructed in 1955 to attest to veloping innovative, fine quality products. their extraordinary act of courage. Equally important, a temporary duty suspen- HON. BENJAMIN A. GILMAN On February 2nd, the members of the Rock- sion would help K2 preserve and increase its OF NEW YORK competitiveness in the global marketplace. IN THE HOUSE OF REPRESENTATIVES land County American Legion and the Orange K2 is the only major exporter of skis made Tuesday, February 4, 1997 County American Legion held their annual service to honor these heroic four chaplains. in the United States. In addition, K2 is one of Mr. GILMAN. Mr. Speaker, I wish to recog- three principal exporters of U.S. made nize the legacy of the four chaplains who gave The services had been organized in Rock- snowboards. Thus, K2's exports of U.S. manu- their lives for others in the icy waters of the land County by Joseph Vitulli, commander of factured skis and snowboards represent a North Atlantic over 50 years ago. On the night the Rockland County American Legion, and substantial percentage of U.S. skis and Peter Medina, who serves as the chaplain and snowboards sold worldwide. If K2 is unable to of February 2, 1943 aboard the U.S.A.T. Dor- chester, four chaplainsÐGeorge L. Fox and chairman. These services were conducted at remain competitive in global and domestic St. Joseph's Church in Spring Valley, NY. markets, skis manufactured in the United Clark V. Poling, Protestant ministers; Alexan- States may disappear from the global market- der D. Goode, a Jewish rabbi; and John P. In Orange County, they were organized by place. The temporary duty suspension pro- Washington, a Catholic priestÐgave their life former American Legion County Commander posed by this legislation would help prevent vests to four other men after their ship was Roy Cowen, who read the saga of the Four the shutdown of the only remaining U.S. pro- torpedoed off the coast of Greenland. Chaplains at the services conducted at St. ducer of skis. The Dorchester, carrying 902 servicemen, Patrick's Church in Highland Falls. f merchant seamen and civilian workers, was one of three ships in the SG±19 convoy mov- The chaplains remain an enduring example INTRODUCTION OF LEGISLATION ing across the icy waters from Newfoundland of extraordinary faith, courage and selfless- toward an Army base in Greenland. The ship's ness. HON. PATSY T. MINK captain, Hans J. Danielsen, recognized the On the night of February 2, 1943, Rev. Fox, OF HAWAII danger of the trip, as the stretch of water in Rabbi Goode, Rev. Poling, and Father Wash- IN THE HOUSE OF REPRESENTATIVES the North Atlantic was constantly patroled by ington passed life's ultimate test. Mr. Speaker, Tuesday, February 4, 1997 German U±boats and one of the ships in the I invite my colleagues to join in the commemo- Mrs. MINK of Hawaii. Mr. Speaker, today, I convoy, the Coast Guard Cutter Tampa, had ration of their heroic act of courage which we am introducing legislation to provide Social detected a submarine with its sonar earlier in remember this month. February 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E157 ANOTHER STEP TO RESTORE hope my colleagues will agree to its adoption service, a record that has touched so many POWER TO STATES in the near future. lives throughout the State of Delaware and our f Nation. He is truly an inspiration for all of us. His tireless commitment and dedication to the HON. WILLIAM M. THOMAS TRIBUTE TO LOUIS J. AMABILI, DI- OF CALIFORNIA cause of volunteer firefighters will find a per- RECTOR OF THE DELAWARE manent place in the Delaware volunteer fire IN THE HOUSE OF REPRESENTATIVES STATE FIRE SCHOOL Tuesday, February 4, 1997 service history. Mr. THOMAS. Mr. Speaker, we need to take The example Louis J. Amabili has set in the HON. MICHAEL N. CASTLE fire service is one which we hope all future fire another step to restore power to States. The OF DELAWARE and emergency medical services personnel Department of Labor is saying California has IN THE HOUSE OF REPRESENTATIVES to pay unemployment benefits to certain crimi- will emulate. His dedication to fire and emer- Tuesday, February 4, 1997 nals being released from prison. That should gency medical services is admirable and his be a matter States decide for themselves in Mr. CASTLE. Mr. Speaker, I rise to com- tradition of service is truly commendable. I choosing methods for reforming prisoners. mend and pay tribute to the fine work of an want to thank him for his 50 years of exem- The Department wants States like California outstanding, dedicated, and caring Dela- plary service. to pay unemployment benefits to some pris- warean, Louis J. Amabili, director of the Dela- oners because Federal law requires employ- ware State Fire School. For myself, and on f ers to pay Federal employment [FUTA] taxes behalf of the citizens of the First State, I would on work performed by their employees. This like to thank him for his many years of tireless WATER LEGISLATION includes prison inmates who work for private and dedicated service. companies through innovative work programs On this occasion in Delaware, firefighters established in several States, including Califor- will gather and recognize his more than 50 HON. MICHAEL D. CRAPO nia. Several hundred prisoners in California years of outstanding leadership and guidance OF IDAHO are employed in jobs provided under agree- to his community, State, and Nation. This type ments between the State and private busi- of dedication to public service is rare among IN THE HOUSE OF REPRESENTATIVES nesses. However, FUTA taxes do not have to individuals. During his tenure, many dedicated Tuesday, February 4, 1997 be paid for work by prisoners employed in and caring men and women have been trained prison operations such as the laundry or cabi- to help prevent or battle fires and perform Mr. CRAPO. Mr. Speaker, I rise today to in- net shop. emergency medical service for our citizens. troduce legislation to help remedy a problem Since FUTA taxes are paid on behalf of Because of the stewardship and teamwork of that is particularly burdensome to the water some prisoners, the U.S. Department of Labor Louis Amabili, Delaware fire and emergency delivery companies in the West. Like many has ruled that these prisoners must be paid medical services have become a vital and in- seasonal businesses, complying with the Fair unemployment benefits upon their release tegral part of our community. Labor Standards Act has become a huge bur- from their jobÐessentially, when they are re- Louis J. Amabili has been a loyal and de- den to both water delivery companies and leased from prison. Failure to comply is seri- voted guardian to the hundreds of fire services their employees. personnel throughout Delaware. He is the ous: California employers, for example would Irrigation has never, nor will it ever be, a 40- lose tax credits worth $1.7 billion for FUTA founding Director of the Delaware State Fire hour-a-week job. During peak agricultural taxes they pay on other workers if the Califor- School, a facility that originated from his de- months, water must be managed and deliv- nia program is disqualified. sign and now bears the honor of his name. ered continually. Later in the year, the work Why does Labor take this position? The The school is currently viewed as one of the load is light, consisting mainly of maintenance Federal Unemployment Insurance Program leading fire training facilities in the Nation. duties. Time off and winter compensation have only permits denial of employment benefits in Under Louis Amabili's direction the Sussex been the methods of compensating for over- three cases: If the worker's income exceeds County and New Castle County training cen- certain limits; the claim is fraudulent; or the ters were established to provide live fire train- time during these peak agricultural months. In- employee was fired for misconduct. Since pris- ing within 30 minutes of every fire company in stead of being allowed to offer their employ- oners lose their jobs when paroled or released Delaware. He has served as president of the ees winter compensation or time off, water de- from prison, they do not fit the exceptions. New Castle Volunteer Fireman's Association, livery companies must now lay off water deliv- Californian voters established the joint ven- he is a member of the Hockessin Fire Co., ery personnel after the peak agricultural ture program in 1990, creating a private work and the International Association of Fire Serv- months. program for prison inmates. Criminals' wages ice Instructors. President Richard Nixon ap- Under current law, contained at 29 U.S.C. are used to compensate victims, offset incar- pointed him to the Fire Prevention and Control sec. 213(b)(12), an exemption from the maxi- ceration costs, and set aside fundsÐ20 per- Commission, where he coauthored the com- mum hour requirement exists for employees centÐfor the inmate's support upon his or her mission's report ``America Burning''. And, for hired to work in conjunction with water delivery release from prison. Last year, 1996, Califor- his numerous achievements in fire services, companies that deliver water exclusively for nia voters overwhelmingly passed an initiative, Governor Pete DuPont recognized him with an agricultural use. This exemption was designed proposition 194, that denies unemployment ``Order of the First State''. specifically to address the unique problems benefits to criminals participating in the joint In addition to his many accomplishments, faced by water delivery companies when com- venture program. Louis Amabili is one of the most respected plying with the Fair Labor Standards Act. The Department of Labor decision would leaders in fire services today. He has served Under the current interpretation of the law, force Californians either to pay out unemploy- on the board of directors of the National Fire water delivery organizations must deliver their ment benefits to released prisoners or to elimi- Protection Association, and chaired the Fire water exclusively for agricultural purposes to nate a program that has been successful in Officers Professional Qualifications Standards qualify. For many water delivery organizations helping criminals change their lives. Allowing Committee. During his tenure as a member of who deliver a small portion of their water for employees to lose $1.7 billion in credits for the International Fire Services Training Asso- taxes they pay on the services of ordinary ciation he received their highest recognition for nonagricultural purposes, this interpretation working people is not an option, needless to his role in fire service training. He has chaired has been disastrous. They are unable to ben- say. the Joint Council of National Fire Service Or- efit from the exemption even though it was de- Legislation I am introducing today would ganization and helped to establish the Na- signed with water delivery companies in mind. change the law to treat all prison inmates who tional Fire Professional Qualification System. I am introducing legislation that would ex- participate in work programs the same: their He serves as a member of the board of direc- pressly set the requirement of water to be ulti- services would be exempt from the FUTA tax. tors of the Congressional Fire Services Insti- mately delivered for agriculture purposes at 75 This would effectively deny unemployment tute, which I have the privilege and honor of percent. This adjustment more accurately re- benefits to released prisoners and prohibit the serving as cochairman, and he received the flects the realities of agricultural water deliv- Department of Labor from placing such a ridic- Institute's highest honor, the Congressional ery. It would also benefit agricultural employ- ulous requirement on the States. The bill's en- Fire Service Person of the Year Award. ees by making it possible for employers to actment would give States an additional tool to Mr. Speaker, I salute Louis J. Amabili for an provide them with year-round compensation use in trying to reform criminal behavior and I outstanding record of public and community rather than seasonal wages. E158 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 1997 TRIBUTE TO THE ARROWHEAD Ballard (Quarterback), Jonathon Reed (Full- The Madrid Protocol went into effect in April, CHRISTIAN ACADEMY EAGLES back), and Robbie Ramos (Cornerback). 1996 and currently binds 12 countries. Without Other members of the 1996 Eagle cham- the participation of the United States, the Pro- HON. JERRY LEWIS pionship team include: Charlee Brown, Jelani tocol may never achieve its purpose of provid- Andrews, Dan Schaper, Joe Ramos, Danny OF CALIFORNIA ing a one-stop, low-cost shop for trademark Lee, Steve Hale, Ben Gradias, DJ Gallagher, IN THE HOUSE OF REPRESENTATIVES applicants who can, by filing one application in Andy Alexander, Jason ``Bubba'' Robertson, their country and in their language, receive Tuesday, February 4, 1997 Carl Overholt, Bo Ashton, Nick Selle, and protection by each member country of the Pro- Mr. LEWIS of California. Mr. Speaker, I rise Robbie Whittenburg. tocol. today to honor the accomplishments of the Ar- Mr. Speaker, I ask that you join me, our col- leagues, the team's families and many friends There is no opposition to this legislation, nor rowhead Christian Academy [ACA] 1996 var- to the substantive portions of the treaty. The sity football team of Redlands, CA. On De- in honoring the 1996 Arrowhead Christian Academy football team. It truly has been an State Department is attempting to work out dif- cember 14, 1996, the ACA Eagles won the ferences between the administration and the 1996 CIFÐSouthern SectionÐDivision XII unforgettable season for the Eagles and it is only fitting that the House recognize them European Union regarding the voting rights of Championship, its first CIF championship ever. intergovernmental members of the Protocol in The Eagles' outstanding season was further today. f the Assembly established by the Protocol. highlighted by earning the 1996 Cal-Hi Sports Under the Protocol, the European Union re- Division V State Championship as well. MADRID PROTOCOL ceives a separate vote in addition to the votes Averaging 45 points a game, this incredibly IMPLEMENTATION ACT of its member states. While it may be argued talented team went undefeated this season, that the existence of a supra-national Euro- 14±0. The Eagles' unstoppable offense scored pean trademark issued by the European a total of 638 points over the course of the HON. HOWARD COBLE OF NORTH CAROLINA Trademark Office justifies this vote, the State season, thus becoming the fourth highest IN THE HOUSE OF REPRESENTATIVES Department finds the provisions of the Proto- scoring football team in CIF Southern Section col allowing intergovernmental organizations to history. The outstanding Eagle defense held Tuesday, February 4, 1997 have a vote in addition to the votes of its con- its opponents to just 116 points. Also, this re- Mr. COBLE. Today, I am introducing the stituent member States to be in opposition to markable season for the Eagle defense in- Madrid Protocol Implementation Act. This im- the fundamental democratic concept of one cluded six shut-out games. plementing legislation for the protocol related vote for each State. They also fear that this Special recognition is in order for Head to the Madrid Agreement on the International voting structure may constitute a precedent for Coach Dan Finfrock, Assistant Coaches Drew Registration of Marks was introduced in both deviation from the one state-one vote principle Rickert, Dave Wiseman, Dave Marshall, Jon the last Congress and in the 103d Congress. in future international agreements in other Burgess, Nate Finfrock, and Trainer Ben While the administration has still not forwarded areas. Those differences need to be settled Mulder for their leadership and service. the treaty to the Senate for ratification, the in- before the Secretary of State will recommend Many of the Eagles were honored with All troduction of this legislation is important to to the President that a ratification package be Southern-Section CIF Division 12 awards in- send a signal to the international community cluding, Coach of the Year: Dan Finfrock, Of- and to U.S. businesses and trademark owners presented to the Senate. The State Depart- fensive Player of the Year: Trevor Wilson that the U.S. Congress is serious about our ment is working closely with the Subcommittee (Wingback), and Defensive Player of the Year: Nation becoming part of a low-cost, efficient on Courts and Intellectual Property of the Brandon Camacho (Nose Guard). Other All system for the international registration of Committee on the Judiciary, which I chair, to CIF selections included: Steve Wharry (Line- trademarks. formulate a proposal to the European Union, backer), Dan Jeffers (Offensive Tackle), and The international system for the registration and subsequently to the members of the Pro- Ben Burgess (Offensive Tackle). of trademarks established and operating under tocol, to amend the Madrid Protocol Assembly First Team All Christian League selections the Madrid Protocol, which is administered by voting procedures in a way which would pro- were: Trevor Wilson (Most Valuable Player), the World Intellectual Property Organization, vide for input by the European Union without Brandon Camacho (Nose Guard), Steve would assist our businesses in protecting their circumventing the one member-one vote prin- Wharry (Linebacker), Ben Burgess (Offensive proprietary names and brand-name goods ciple. Tackle), Mark Johnson (Defensive End), Dan while saving cost, time and effort. This is es- It is important to move this legislation for- Jeffers (Offensive Tackle), and Pete Coberly pecially important to our small businesses who ward at this time, however, to encourage ne- (Linebacker). may only be able to afford world-wide protec- gotiation, and to assure that the U.S. stands Second Team All Christian League selec- tion for their trademarks through a low-cost ready to benefit from the Madrid Protocol as tions were: Allan Kavalich (Center), Ben international registration system. soon as it is ratified.