Daniel Inouye

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise to introduce the Filipino Veterans' Benefits Improvement Act of 2001. This bill provides our country the opportunity to right a wrong committed decades ago, by providing Philippine-born veterans of World War II who served in the United States Armed Forces their hard-earned, due compensation. Our Nation is now at peace, and our prosperity has reached levels never before seen by any Nation in history. We are on the top of the world in terms of economic power and military might, and much of this unprecedented success is due to the tremendous sacrifices made by our fighting forces during World War II. We trampled tyranny in Europe and in the Pacific, and when we raised our flag proudly over hostile lands, we were greeted enthusiastically by the millions we liberated from the grasp of terrible aggression. I take this opportunity today to remind everyone of an injustice that persists as a blemish on one of history's greatest success stories. The Philippines became a United States possession in 1898, when it was ceded from Spain following the Spanish-American War. In 1934, the Congress enacted the Philippine Independence Act, Public Law 73-127, which provided a 10-year time frame for the independence of the Philippines. Between 1934 and final independence in 1946, the United States retained certain powers over the Philippines, including the right to call all military forces organized by the newly-formed Commonwealth government into the service of the United States Armed Forces. On July 26, 1941, President Roosevelt issued an Executive Order calling members of the Philippine Commonwealth Army into the service of the United States Armed Forces of the Far East. Under this order, Filipinos were entitled to full veterans' benefits. More than 100,000 Filipinos volunteered for the Philippine Commonwealth Army and fought alongside the United States Armed Forces. The United States Armed Forces of the Far East fought to reclaim control of the entire Western Pacific. Filipinos, under the command of General Douglas MacArthur, fought in the front lines of the Battle of Corregidor and at Bataan. They served in Okinawa, on occupied mainland Japan, and in Guam. They were part of what became known as the Bataan Death March, and were held and tortured as prisoners of war. Through these hardships, the men of the Philippine Commonwealth Army remained loyal to the United States during the Japanese occupation of the Philippines, and the valiant guerilla war they waged against the Japanese helped to delay the Japanese advance across the Pacific. Despite all of their sacrifices, on February 18, 1946, Congress betrayed these veterans by enacting the Rescission Act of 1946 and declaring the service performed by the Philippine Commonwealth Army veterans as not ``active service,'' thus denying many benefits to which these veterans were entitled. Then, shortly after Japan's surrender, Congress enacted the Armed Forces Voluntary Recruitment Act of 1945 for the purpose of sending American troops to occupy enemy lands, and to oversee military installations at various overseas locations. A provision included in the Recruitment Act called for the enlistment of Philippine citizens to constitute a new body of Philippine Scouts. The New Scouts were authorized to receive pay and allowances for services performed throughout the Western Pacific. Although hostilities had ceased, wartime service of the New Philippine Scouts continued as a matter of law until the end of 1946. On May 27, 1946, the Congress enacted the Second Supplemental Surplus Appropriation Rescission Act, which included a provision to limit veterans' benefits to Filipinos. This provision duplicated the language that had eliminated veterans' benefits under the First Rescission Act, and placed similar restrictions on veterans of the New Philippine Scouts. Thus, the Filipino veterans that fought in the service of the United States during World War II have been precluded from receiving most veterans' benefits that had been available to them before 1946, and that are available to all other veterans of our armed forces regardless of race, national origin, or citizenship status. The Congress tried to rectify the wrong committed against the Filipino veterans of World War II by amending the Nationality Act of 1940 to grant the veterans the privilege of becoming United States citizens for having served in the United States Armed Forces of the Far East. The law expired at the end of 1946, but not before the United States had withdrawn its sole naturalization examiner from the Philippines for a nine-month period. This effectively denied Filipino veterans the opportunity to become citizens during this nine-month window. Forty- five years later, under the Immigration Act of 1990, certain Filipino veterans who served during World War II became eligible for United States citizenship. Between November, 1990, and February, 1995, approximately 24,000 veterans took advantage of this opportunity and became United States citizens. For many years, Filipino veterans of World War II, who are now in their twilight years, have sought to correct the injustice caused by the Rescission Acts by seeking equal treatment of their valiant military service in our Armed Forces. They stood up to the same aggression that American-born soldiers did, and many Filipinos sacrificed their lives in the war for democracy and liberty. Heroes should never be forgotten or ignored, so let us not turn our backs on those who sacrificed so much. Many of the Filipinos who have fought so hard for us have been honored with American citizenship, but let us now work to repay all of these brave men for their sacrifices by providing them the full veterans' benefits they have earned.

Mr. INOUYE

Mr. INOUYE. We are working to address those concerns and hope to be able to make any necessary changes to the amendment in conference.

Mr. INOUYE

Mr. INOUYE. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on June 21, 2001, at 10:00 a.m. in room 485 Russell Senate Building to conduct a hearing on Native American Program Initiatives at the College and University Level. Those wishing additional information may contact Committee staff at 202/224-2251.

Mr. INOUYE. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on June 19, 2001, at 10:00 a.m. in room 485 Russell Senate Building to conduct a hearing to receive testimony on the goals and priorities of the member tribes of the Midwest Alliance of Sovereign Tribes for the 107th session of the Congress. Those wishing additional information may contact Committee staff at 202/224-2251. Committee on Indian Affairs

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise to pay tribute to Kenneth P. Mortimer, the 11th President of the University of Hawaii. He served Hawaii's premier institution of higher learning for 8 years with integrity and distinction. Dr. Mortimer has led the University of Hawaii forward during one of the longest and most severe economic downturns in our State's history. With massive cutbacks to the University's budget, President Mortimer instituted difficult, oftentimes painful cost-saving measures, to allow the University to provide a quality education for all students with a renewed focus on its core mission. In addition, during this difficult economic period, President Mortimer launched an ambitious 4-year $100 million capital campaign to raise private funds for endowments, improvements, and scholarships. The campaign concluded ahead of schedule on May 31, 2001, having exceeded their goal by $16 million. The campaign raised needed funds during a critical period in the school's history. It also established a strong foundation for continued large giving. But, most importantly I believe the capital campaign demonstrated to one and all--students, alumni, community--that the University of Hawaii is good enough, worthy enough, to request and secure such large giving. I was proud to serve as an honorary co-chair of the campaign. It took leadership and guts to launch such a campaign. It took perseverance and commitment to ensure its success. President Mortimer can be proud of this legacy he leaves behind. There is another very important mark Dr. Mortimer will leave behind for the university. It is carved into Hawaii's most sacred legal document--our State Constitution. No president had ever tried to do what President Mortimer set out to do, namely to secure constitutional autonomy for the University of Hawaii, giving the institution a greater say in its own affairs, fiscal, legal and otherwise. First, landmark legislation was passed by the Hawaii State Legislature to allow the issue of constitutional autonomy to be placed on the Hawaii ballot in November of 2000. Second, Dr. Mortimer mounted an aggressive ``vote yes'' campaign which received a resounding approval of the people. Another milestone achieved, another foundation laid to help assure the University's future success. There are many more accomplishments, too many to name, that can be attributed to Dr. Mortimer. He led my alma mater forward during a most difficult time in our State's history. He did so with a quiet dignity and a steadfast resolve. He listened and then acted. The University of Hawaii is stronger as a direct result of his leadership. He never lost sight of what I have known all along--the University of Hawaii is a great institution of higher learning, not just a good institution, but a great one. Dr. Mortimer believed it in his heart and represented us as such to all he came in contact with. He gave of himself--with his time, skill and aloha--and the University is richer and wiser for it. On behalf of the people of Hawaii, I would like to express my personal appreciation to Ken and Lorie for their years of service and commitment to academic excellence. My heartfelt wishes are with them as they embark on a new journey together.

Mr. INOUYE

Mr. INOUYE. Mr. President, I would like to announce that the oversight hearing that was originally scheduled by the Committee on Indian Affairs on the Goals and Priorities of the Great Plains Tribes for June 12, 2001, at 10 a.m. in room 485, Russell Senate Building has been postponed. The oversight hearing has been rescheduled for Tuesday, June 26, 2001, at 10 a.m. in room 485, Russell Senate Building. Those wishing additional information may contact committee staff at 202/224-2251.

Mr. INOUYE

Mr. INOUYE. Mr. president, I rise in tribute to Kahuku High and Intermediate School located in Kahuku, Hawaii, for its outstanding performance in the ``We the People . . . The Citizen and the Constitution'' national finals held on April 21-23, 2001, in Washington, DC. The following Kahuku students competed in the Competition: Brooke Barker, Chenoah Couvillion, Daniel Ditto, James Hayes, Erin Hickman, Dana Ishii, Mostaffah Karodia, Rachael Kekaula, Justin Keys, Losaline Lautaha, Vaueli Ma Sun, Brad Makaiau, Brenda McCallum, Melodie Navalta, Kauilania Ostrem, Travis Ostrem, Jill Peterson, Andrew Pontti, Karess Purcell, Florangelie Ramirez, Dylan Small, Savani Toluta`u, Talahiva Tuifua, Masina Tutor, Jake Whetten, and Melissa Zolkeply. I commend these young scholars for their remarkable understanding of the fundamental ideals and values of America's constitutional government. Their hard work, sacrifice, and diligence have earned them national distinction, and I join their family and friends in applauding their efforts. These students are our Nation's future leaders, and they someday may be seated on this floor as Senators. Please join me in recognizing them for they are a source of pride, not only for their school and their home State, but also for our Nation.

Mr. INOUYE

Mr. INOUYE. Madam President, on this vote, I have a pair with the Senator from Alaska (Mr. Stevens). If he were present and voting, he would vote ``nay.'' If I were at liberty to vote, I would vote ``yea.'' Therefore, I withhold my vote.

Mr. INOUYE

Mr. INOUYE. Mr. President, on this vote, I have a pair with the Senator from Alaska, Mr. Stevens. If he were present and voting, he would vote ``nay.'' If I were at liberty to vote, I would vote ``yea.'' Therefore, I withhold my vote.

Mr. INOUYE

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. INOUYE

Mr. INOUYE. Mr. President, I wish to honor Hawaii's tireless public servant, Helene Hale, who recently celebrated her 83rd birthday and is the oldest person ever elected to the State of Hawaii House of Representatives. I ask that the following proclamation, signed by the Honorable Harry Kim, mayor of the county of Hawaii, be printed in the Record. The Resolution follows: Whereas, Helene H. Hale has served the people of Hawaii in various elective capacities for almost 50 years, and in at least one office in each of the past six decades: in the 50s and 60s as a County Supervisor, in the 60s as Chairman or Mayor of Hawaii County, in 1978 as a delegate to the State's Third Constitutional Convention, and in the 80s and 90s as the County Council; and Whereas, at the age of 92 years young, in the year 2000, she was elected to the State House of Representatives on the slogan ``Recycle Helene Hale,'' becoming the oldest freshman ever elected to the State House, and she has taken State government by storm; and Whereas, far from being a career politician, she has combined government service with other vocations, including wife, mother, college lecturer, bookstore manager, coffee grower, realtor, U.N. supporter, and founder of the Merrie Monarch Festival, and she has brought to each of these the same intelligence, wit, energy and dedication which have marked her service in governments; and Whereas, Helene Hale has claimed many ``Firsts,'' including first female government official in Hawaii since Queen Liliuokalani, first African ``American elected official in Hawaii, first resident of Hawaii on the cover of Ebony, first female chief executive of a county in Hawaii, and the first octogenarian in Hawaii to campaign for public office in a bathing suit; and Whereas, Jeremy Harris, Mayor of the City and County of Honolulu, proclaimed March 23, 2001, as `Helene H. Hale Day' in the City and County of Honolulu; and Whereas, Helene Hale is a resident of the County of Hawaii, and her political career has been here, not in Honolulu, and we cannot allow Honolulu to steal credit for our Helene; ``Now, therefore, I, Harry Kim, Mayor of the County of Hawaii, do hereby proclaim (belatedly) March 23-29, 2001, as Helene H. Hale Week in the County of Hawaii, and extend belated best wishes for a Happy Birthday and many more in the future. ``In witness whereof, I have hereunto set my hand and caused The Seal of the County of Hawaii to be affixed. Done this 10th day of April, 2001, in Hilo, Hawaii.''

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to share with my colleagues the contributions of a fine jurist, tireless community leader, and native son of Hawaii. Nearly 50 years of public service excellence have made Walter Meheula Heen an acknowledged leading citizen, a ``special treasure'' of the State of Hawaii. Judge Heen's dedicated drive to build a better Hawaii was awakened as a law student at Georgetown University in the mid-1950s. The seeds of his commitment and service were planted in childhood by his father and his uncle, Ernest and William Heen, respectively, two patriarchs of social reform in plantation-era Hawaii. It was the Heens, along with Johnny Wilson and David Trask, Sr. Who formed the core of the early Democratic Party in Hawaii. Walter Heen's career as an elected official, state judge and U.S. district court judge includes remarkable accomplishments and historically significant achievements. Elected to the Territorial House of Representatives in 1958, the year before Statehood, Judge Heen served in the Hawaii legislature as a Representative until 1964 and was elected to the State Senate in 1966. The ``Democratic Revolution of 1954'' was more than a headline or a slogan, is accurately conveyed the significant legislative agenda the new majority was committed to enact to affect fundamental changes to improve the social and economic character of the islands. Land reform, anti-trust, ``Green Belt'' land use, collective bargaining, and workers' compensation were to become the battle zones that would change the face of politics, legislation and the administration of justice across Hawaii. Walter Heen was on the front lines of those struggles. His cause, together with those whom he served, was to level the playing field of social and economic opportunities for all, regardless of race, class or religion. Walter Heen served as a member of the Honolulu City Council from 1969 to 1972, including his selection as Council Chair in 1969-70. He left elective office in 1972 accepting an appointment to the State District Court, and then State Circuit Court in 1974-78. Judge Heen's star continued to rise with his appointment as U.S. Attorney, District of Hawaii for 1978-80, and as U.S. District Court Judge, District of Hawaii in 1981. He retired from a distinguished judicial career in 1994 after 12 years as Associate Judge of the State Intermediate Court of Appeals. During that period, Heen authored several opinions on important Hawaiian issues and had occasion to sit and add his voice to the deliberation of the State Supreme Court. Always an active contributor to community affairs, Walter Heen was a founding member of the renaissance Democratic Party revolution beginning in 1950. It was a significant political movement that focused on changing the traditional unequal and unfair distribution of opportunities available to Hawaii's minority communities. Judge Heen carried this passion for leveling the playing field throughout his career of public service. More recently, Heen added his hand to exposing improper management and unethical practices at the Bishop Estate, a charitable trust charged with the responsibility of providing children of Hawaiian ancestry with educational opportunities and achievement. While controversial, his joint authorship of the milestone piece entitled ``Broken Trust'', successfully led to court ordered reviews of trust operations, and the ultimate improvement and accountability of the charitable trust. Judge Heen's volunteer activities are broad and diverse, spreading across Hawaii's community concerns. As early as 1962, Walter was singled out as the Honolulu Junior Chamber of Commerce ``Outstanding Young Man of the Year.'' Virtually at the same time, he was Chair of the State Bar Association Ethics Committee 1961-63, President of the University of Hawaii Alumni Association, and President of the Honolulu Hawaiian Civic Club. As a member of its Founding Board of Directors, Heen launched the Big Brothers of Hawaii program that has made an enormous contribution to supporting and mentoring thousands of youth in Hawaii. Upon his retirement from the bench, Walter Heen has continued his public service. He served as a Director of the Native Hawaiian Bar Association, Advisor to the Native Hawaiian Advisory Council, co- counsel for Hawaiian water rights in the Waiahole Ditch dispute, member of the Public Access Shoreline Study Group, 1997-1998, and member of the Governor's Economic Revitalization Task Force. Currently, Heen is the acting Executive Director of the Office of Mauna Kea Management, lending a ``community voice'' and oversight to the maintenance and development of the University of Hawaii's astronomical facilities at Mauna Kea's summit. In 1996, Walter Heen was tapped to serve as the Chairman of the Hawaii Democratic Party. It was a turbulent time for a political party that has dominated Hawaii's political scene for more than 50 years. Heen led us forward in a hotly contested gubernatorial election in 1998 and then a host of targeted races in our State Legislature's lower house in 2000. Resources were scarce, and some would say that so were our passions and drive. Walter Heen has done a fine job under trying circumstances. He was a team player and a leader. He was the point, and the man in the background. I believe the greatest legacy Walter Heen leaves Hawaii's Democratic Party is a growing, committed group of young Democrats, impatient and anxious to make improvements and changes, to make Hawaii the best place to raise a family, excel in a career, and enjoy the most beautiful environment and lifestyle in the world. He has worked diligently to establish and empower a new army of passionate young people to carry the Democratic torch forward. Judge Walter Heen, and his family leaders before him, have played a pivotal role in helping to shape the Hawaii of today. It is leaders like Heen who have helped to chart a collective course for Hawaii's future, one that has allowed our island to take full advantage of high technology, while not forsaking our spirit of aloha. I rise today to commend my dear friend, Walter Meheula Heen, for his lifetime of service.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise to introduce legislation that would extend to qualified hospital support organizations the debt-financed property rules that currently apply to tax-exempt education institutions and pension funds. This measure is of great importance to the 18,000 inpatients and the more then 200,000 outpatients who receive health care services from the Queen's Health System of Hawaii. Currently, Federal tax laws that were enacted in 1969 stand between the wishes of Queen Emma Kaleleonalani who, in 1885, bequeathed land to the Queen Emma Foundation to support the Queen's Health System, and the citizens of Hawaii who depend on the Queen's Health System for health care services. The foundation is a nonprofit, tax-exempt, public charity. Its purpose is to support and improve health care services in Hawaii by committing funds generated by foundation-owned properties to the Queen's Medical Center, an accredited teaching hospital in Honolulu that maintains an emergency room open to all, regardless of ability to pay, and that admits Medicare and Medicaid patients. The foundation and the medical center are members of the Queen's Health Systems, which also operates Molokai General Hospital, a small community hospital on the island of Molokai. Additionally, Queen's operates clinics on various islands, provides home health care services, supports nursing programs at Hawaiian colleges and universities, operates a medical library, holds health fairs, and provides other educational services for the benefit of the Hawaiian community. Presently, the funds that enable the foundation to support these services are generated by Foundation-owned properties that were bequeathed more than 100 years ago by Queen Emma. Most of the foundation's land is now encumbered by long-term, fixed-rent commercial and industrial ground leases. The returns from these ground leases are extremely low, and under their terms, the foundation is unable to increase rents to keep pace with the appreciation of land values in Hawaii. The foundation would like to increase its cash flow by buying out the current leases and re-leasing the land at existing market rates. The foundation would also like to upgrade the improvements on its lands to further enhance their revenue-generating potential. However, current debt-financed property rules under the unrelated business income tax would subject the revenues earned by the foundation from its improved properties to income tax, significantly reducing the funds available to the foundation to meet its obligation to provide quality health care services to the citizens of Hawaii. Colleges, universities, and pension funds are currently exempt from the debt-financed property rules. The foundation seeks the same treatment that presently applies to educational institutions and pension funds. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to introduce the Americans with Disabilities Act, ADA, Notification Act. This bill would amend the ADA by including a notice requirement for violations of the ADA before a court could assume jurisdiction over the dispute. This would allow businesses the opportunity to bring properties into compliance without having to face costly litigation. The ADA currently does not contain a notice requirement, but allows plaintiffs to sue owners of non-compliant businesses immediately. While the public accommodations provisions in Title III of the ADA do not allow plaintiffs to collect damages for violations of any of its access standards, they do permit lawyers to collect attorneys fees. The lack of a notice requirement has encouraged a number of lawyers to sue businesses over infractions that are inexpensive to remedy, but for which the businesses must pay costly plaintiffs' attorneys' fees and expenses. I believe this legislation is a reasonable means to ensure that businesses will be given notice of violations of the ADA and the opportunity to comply with the ADA before costly litigation is begun. This would foster greater compliance with the ADA by allowing businesses to expend their resources on making their properties more accessible to the disabled, rather than on attorneys' fees. Please be assured that I simply want to close a loophole in the ADA that unscrupulous lawyers have exploited. I do not suggest or approve of any changes to the ADA that would weaken its substantive requirements for reasonable accommodation to persons with disabilities. We must ensure that the progress begun more than a decade ago continues as we work to make public accommodations more accessible to everyone.

Mr. INOUYE. Mr. President, I rise to introduce legislation that would extend to qualified hospital support organizations the debt-financed property rules that currently apply to tax-exempt education institutions and pension funds. This measure is of great importance to the 18,000 inpatients and the more then 200,000 outpatients who receive health care services from the Queen's Health System of Hawaii. Currently, Federal tax laws that were enacted in 1969 stand between the wishes of Queen Emma Kaleleonalani who, in 1885, bequeathed land to the Queen Emma Foundation to support the Queen's Health System, and the citizens of Hawaii who depend on the Queen's Health System for health care services. The foundation is a nonprofit, tax-exempt, public charity. Its purpose is to support and improve health care services in Hawaii by committing funds generated by foundation-owned properties to the Queen's Medical Center, an accredited teaching hospital in Honolulu that maintains an emergency room open to all, regardless of ability to pay, and that admits Medicare and Medicaid patients. The foundation and the medical center are members of the Queen's Health Systems, which also operates Molokai General Hospital, a small community hospital on the island of Molokai. Additionally, Queen's operates clinics on various islands, provides home health care services, supports nursing programs at Hawaiian colleges and universities, operates a medical library, holds health fairs, and provides other educational services for the benefit of the Hawaiian community. Presently, the funds that enable the foundation to support these services are generated by Foundation-owned properties that were bequeathed more than 100 years ago by Queen Emma. Most of the foundation's land is now encumbered by long-term, fixed-rent commercial and industrial ground leases. The returns from these ground leases are extremely low, and under their terms, the foundation is unable to increase rents to keep pace with the appreciation of land values in Hawaii. The foundation would like to increase its cash flow by buying out the current leases and re-leasing the land at existing market rates. The foundation would also like to upgrade the improvements on its lands to further enhance their revenue-generating potential. However, current debt-financed property rules under the unrelated business income tax would subject the revenues earned by the foundation from its improved properties to income tax, significantly reducing the funds available to the foundation to meet its obligation to provide quality health care services to the citizens of Hawaii. Colleges, universities, and pension funds are currently exempt from the debt-financed property rules. The foundation seeks the same treatment that presently applies to educational institutions and pension funds. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to introduce the Americans with Disabilities Act, ADA, Notification Act. This bill would amend the ADA by including a notice requirement for violations of the ADA before a court could assume jurisdiction over the dispute. This would allow businesses the opportunity to bring properties into compliance without having to face costly litigation. The ADA currently does not contain a notice requirement, but allows plaintiffs to sue owners of non-compliant businesses immediately. While the public accommodations provisions in Title III of the ADA do not allow plaintiffs to collect damages for violations of any of its access standards, they do permit lawyers to collect attorneys fees. The lack of a notice requirement has encouraged a number of lawyers to sue businesses over infractions that are inexpensive to remedy, but for which the businesses must pay costly plaintiffs' attorneys' fees and expenses. I believe this legislation is a reasonable means to ensure that businesses will be given notice of violations of the ADA and the opportunity to comply with the ADA before costly litigation is begun. This would foster greater compliance with the ADA by allowing businesses to expend their resources on making their properties more accessible to the disabled, rather than on attorneys' fees. Please be assured that I simply want to close a loophole in the ADA that unscrupulous lawyers have exploited. I do not suggest or approve of any changes to the ADA that would weaken its substantive requirements for reasonable accommodation to persons with disabilities. We must ensure that the progress begun more than a decade ago continues as we work to make public accommodations more accessible to everyone.

Mr. INOUYE

Mr. INOUYE. Mr. President, on March 25, 2001, I returned to my home State of Hawaii to attend the 50th Anniversary Memorial Service of the 442nd Regimental Combat Team at the National Memorial Cemetery of the Pacific. The memorial address was presented by Mr. H. David Burge, Director of the Spark M. Matsunaga Veterans Affairs Medical & Regional Office Center in Honolulu. I was moved and impressed by his remarks, and I wish to share them with the American people. I ask that Mr. Burge's address be part of the Record. The remarks follow: I am very honored to be the first speaker in the 21st century at the 442nd Veterans Club's 58th Anniversary Memorial Service here at the National Memorial Cemetery of the Pacific. This morning is time to remember and pay special tribute to boyhood friends and classmates lost in battle, dear friends and loved ones no longer with us, and cherished members of the 442nd who continue to serve as good family and community elders and leaders. As we enter the new millennium, this is a time for members, families, and friends of the 442nd to reflect on the past, to celebrate the present, and to contemplate the future. Our men of the 442nd are testament to the joys, heartache, and major accomplishments of the 20th century both here in Hawaii and the Nation. To reflect on the past, let's roll the clock back to the 1940s and see that period through snapshots familiar to many of you. In 1940, the U.S. Government felt that war with Japan was imminent. As such, Japanese Americans were released and banned from employment at Pearl Harbor and other military bases in Hawaii without explanation or justification. Despite these early warning signs, Japanese Americans in Hawaii did not feel an acute sense of crisis. While Japanese American bashing was increasing on the mainland, most people in Hawaii where all groups were minorities had no animosity towards their Japanese neighbors. My mother's 1941 McKinley High School Black and Gold Yearbook, published six months before the attack on Pearl Harbor, provides a glimpse into the daily activities, beliefs, and values of young Nisei in Hawaii prior to the outbreak of World War II. In this regard, let me share with you the introduction section of the yearbook: In 1941, we find our sports-minded typical McKinley boy standing five feet, six inches in height weighing 124 pounds with naturally straight hair and brown eyes. The typical McKinley girl is a petite lassie, five ft., one inch in height, weighing a dainty 97 pounds, has black hair and is brown-eyed. Both are Americans of Japanese ancestry. Their trim figures and fresh complexions are accounted for by their nine hours of sleep each night and their daily glass of milk. Typical boy usually buys his lunch outside the school. Not so typical girl. She knows the importance of a healthy meal and depends on the school cafeteria for it. The typical boy looks forward to weekend social activities. He considers school dances tops and goes to as many of the class, student body, and club dances as he possibly can, but give jitter-bugging and waltzing only slight nod. He usually goes stag to dances because of the small size of his pocketbook. His favorite recreations are football, listening to the radio, and going to movies with his friends.'' In general, the description of the typical Nisei student at McKinley could have been a description of a typical student at any American high school at that time. This is not surprising since these high school students truly believed that they were Americans and acted accordingly. The Nisei students were heavily influenced by the McKinley faculty almost entirely from the mainland with a heavy concentration from the midwest. Their principal, Dr. Miles Carey, indicated that his primary objective was in his words, ``helping our young people to develop those attitudes, dispositions, and abilities which we call the democratic way of living together.'' The results of a student survey included in the yearbook reflected how strongly these young students embraced these democratic beliefs. Moved by the growing crisis in Europe, the Nisei students believed that the honor of the United States should always be defended, even if it meant going to war. They believed that common people should have more say in the government. They also believed that all races were mentally equal. It was also noteworthy that the Nisei students firmly believed that the Hawaiian Islands would be more efficiently run when they attained voting age. My final observation in reviewing the yearbook was the dedication page. It underscored the foundation for the Nisei student's core values. It read, ``Respectfully dedicated to our parents and the excellent home influence given us.'' Six months after publication of that yearbook, on the morning of December 7, 1941, the lives of these young Nisei were forever changed as they became part of one of America's most dramatic stories--a story of shameful treatment by our government, a story of heroic feats on the battlefield, a story of major accomplishments in business and government after the war, and finally a story of full vindication and pride for all Americans of Japanese ancestry. Just prior to the enemy attack on Hawaii, Washington emphasized the danger of sabotage by the local Japanese population to local military commanders. Follow on actions to cluster aircraft in the middle of airfield to guard against such local sabotage resulted in easy targets for attacking enemy aircraft and needless destruction of most American aircraft on the ground at Hickam, Wheeler, Bellows and Ford Island. After the attack, Hawaii Territorial Governor Poindexter told President Roosevelt that what he feared most was sabotage by the large Japanese community. Subsequently, 1,000 innocent Japanese Americans--Buddhist priests, language school teachers, civic and business leaders, fishermen, and judo instructors--were arrested and detained in tents on Sand Island. A number of these individuals and their families, without any proof and without any due process, were subsequently transported to prisoner of war camps on the mainland. Secretary of Navy Frank Knox who visited Hawaii the week following the attack reported to the President and Congress that the devastation at Pearl Harbor was the most effective fifth column work that had come out of any war in history. His sensational and totally unfounded assessment that Japanese Americans in Hawaii had aided the enemy attack hit the headlines in newspapers across America, and significantly fueled anti-Japanese American sentiment. The follow on rumors of sabotage and espionage emanating from Hawaii, although untrue, were used by West Coast groups to demand and justify the wholesale internment of Japanese American families living in California, Oregon, and Washington into concentration camps in remote areas far from their homes. Immediately after the attack, at a time that Hawaii was still very vulnerable to another raid and possible occupation by enemy forces, 317 Japanese American members of the Hawaii Territorial Guard were involuntarily discharged without any explanation. In addition, 2,000 Japanese American soldiers already on active duty were recalled to Schofield Army Barracks, stripped of their weapons, and separated from their non-Japanese buddies and under orders from Washington, they were shipped to the interior of the mainland for security reasons. Finally, Japanese Americans were declared ineligible for military service and classified as enemy aliens. All of these unthinkable actions occurred at a time that every able- bodied man was needed to defend Hawaii. The ultimate act of wartime hysteria in Hawaii occurred in February 1942 when President Roosevelt ordered the evacuation and internment of all Japanese Americans in Hawaii in concentration camps on the mainland. Fortunately, the military was unable to carry out the President's order since there were not enough ships to conduct such a massive evacuation and the evacuation of such a large number of workers would have crippled the islands. As such, the evacuation orders were delayed several times and finally abandoned in 1943. Could any of us today who did not experience this war time hysteria truly understand and appreciate the impact of these outrageous actions on Japanese American families, especially young Nisei family members? Hawaii's Nisei truly believed they were Americans. They were equally offended by the vicious attack on their homeland and equally ready to serve their country. As just teenagers the rejection and hostility vented towards them and their families by their own government were beyond comprehension. But perhaps unconsciously they responded in a very Japanese way by doing the only thing they could under such extreme circumstances that is stepping forward. Stepping forward with loyalty and courage in order to honor their families and to demonstrate to their fellow countrymen that they were worthy Americans. While there was more than sufficient justification for turning inward and refusing to support the government that had treated them so brutally and unfairly, Nisei young men demanded the right to fight. As we know today, the Nisei achieved their objective but at a very high price. The 100th Infantry Battalion led the way and after nine long months of bitter fighting from Salerno to Anzio was joined in Rome by the 442nd Regimental Combat Team. Thereafter the two Japanese American units remained as one through the bloody fighting in northern Italy and France to the end of the war. Bill Mauldin, the Stars and Stripes cartoonist who created the beloved infantry characters Willie and Joe, described the Nisei unit as follows: ``No combat unit in the army could exceed the Japanese Americans in loyalty, hard work, courage and sacrifice. Hardly a man of them hadn't been decorated at least twice, and their casualty lists were appalling. When they were in the line, they worked harder than anybody else. As far as the army was concerned, the Nisei could do no wrong. We were proud to be wearing the same uniform.'' This morning we gather to remember and honor the typical McKinley boy and other young Nisei who fell on the battlefields in Europe. They were good and brave Americans. They brought honor to their families and great pride to all citizens of Hawaii. It is unfortunate that these young men did not live to see the full measure of their ultimate sacrifices. The insignia of the 442nd is the Statue of Liberty hand holding the torch of freedom. This symbol is most appropriate because it exemplifies the unit's steadfast belief in not only freedom for all men but also through their actions and sacrifices on the battlefield final freedom for Japanese Americans in the form of real acceptance by their fellow countrymen. When President Truman welcomed home the 100th and 442nd, he said to them, ``You are on the way home. You fought not only the enemy, but you fought prejudice and you have won. Keep up that fight and we will continue to win, to make this great Republic stand for just what the Constitution says it stands for: the welfare of all the people all the time.'' Perhaps President Truman did not fully realize the extent to which the Nisei veterans would take to heart his challenge to keep up the fight to ensure the welfare of all the people all of the time. Although the war abroad was won, Nisei veterans continued to forge ahead on the home front after the war to ensure that their sacrifices in battle were not made in vain. As many can attest today much hard work was needed at the end of the war to accomplish President Truman's goal. The enormity of the task at hand was reflected in comments made at that time by the U.S. Speaker of the House, Sam Rayburn. In voicing his opposition to statehood for Hawaii he said, ``If we give them Statehood they'll send a delegation of Japs here.'' This inflammatory statement was made by the powerful Speaker from Texas whose Texas Lost Battalion was rescued two years earlier in Europe by Nisei soldiers at a cost 800 Nisei casualties to rescue 200 Texans. Unfortunately, much work still remained to be accomplished at home, but the Nisei veterans, as previously demonstrated in battle, were undaunted in their quest and pressed on with unrelenting effort. These veterans were firm in the conviction they expressed in that 1941 McKinley High School survey that the Nisei generation would, in fact, make positive improvements in Hawaii and our nation. More than a half-century later, we know that our Nisei veterans were more than up to the task and, as such, we have much to celebrate today. Today a Sansei from Kauai, Eric Shinseki, serves as Chief of Staff of the United States Army. This general of all generals often relates stories of personal inspiration based on the experiences of his Nisei family members who served in World War II the same Nisei soldiers from Hawaii who were once designated enemy aliens and denied the opportunity to fight for their country. Today 22 Nisei World War II veterans are Congressional Medal of Honor recipients. I was honored to attend the ceremonies last year in Washington and to witness the awards made by President Clinton. At the White House ceremony, the President attributed the lack of proper and timely recognition for these individuals to three factors: war-time hysteria, racial discrimination, and a complete breakdown in national leadership. The President went on the praise all Japanese Americans who served in World War II despite the error of our nation in questioning their loyalty and wrongfully interning their families. Today we have the names of our new Nisei Medal of Honor recipients forever etched in stone in the Hall of Heroes at the Pentagon. In viewing the new inscriptions, I was moved to see these names added along side the names of other American heroes from every war in our nation's history. I was also proud to see great sounding American names on the wall-- Hajiro, Hayashi, Inouye, Kuroda, Muranaga, Nakae, Nakamura, Nishimoto, Okubo, Okutsu, Ono, Otani, Sakato, and Tanouye. Today, a Nisei is the first and only Asian American to serve as a Cabinet member. Norman Mineta, who served as Secretary of Commerce for President Clinton and continues to serve today as Secretary of Transportation for President Bush, was a youngster in California when his family was sent to an American concentration camp. He vividly recollects how the military police took away his favorite baseball bat because they viewed it as a weapon. Today, a brand new National Japanese American Memorial proudly stands on Capitol Hill in Washington, DC. The Memorial, the first and only memorial dedicated to any ethnic group in our Nation's capitol, is dedicated to Japanese American immigrants who valiantly fought for and attained their full rights as citizens. When I attended the dedication ceremony for the new Memorial last fall, I was overwhelmed by the great honor finally bestowed upon Japanese Americans by our great nation. Think about it for a moment--America is a country of immigrants--many waves of immigrants. And today, there is only one memorial to honor any of these immigrants in the shadow of our nation's Capitol--that is the Japanese American Memorial. And finally today, a brand new, state-of-art veteran's medical center, named after the late Senator Spark M. Matsunaga, now proudly serves all our veterans here in Hawaii. So today, I say to our Nisei veterans you have brought great pride to your families as well as pride in their heritage for future generations of Japanese Americans. More importantly, you have ensured that your friends, who were lost in battle, did not die in vain. So at this juncture, where are our Nisei veterans headed next? Are they declaring victory and passing the 442nd's Statue of Liberty torch on to others? While such action would certainly be justified, it would not reflect the values ingrained into many Nisei by their progressive high school teachers who exposed them to the ideals of justice and equality and urged them to continually reach out to others. It is said that McKinley Principal Miles Carey got people to do what he wanted because he treated them humanely and considerately. If there was any fault with Dr. Carey, and maybe it was not a fault, he was dreamer. But all of this was due to his efforts to treat people right. And in this regard, he did an outstanding job in getting his students to think like him. So it is not surprising that the final chapters of American's Nisei veterans are still being written. Here in Hawaii, our Nisei veterans are currently developing and endowing at the University of Hawaii a Nisei Veterans Forum on Universal Values for a Democratic Society. The purpose of this effort is to show current and future generations of high school students the benefits of the values drawn from the various ethnic groups here in Hawaii-- values similar to those of Nisei veterans that were used to help them persevere through challenging times during their lives. In this manner, Nisei veterans are passing on to future generations of students the same type of beliefs and values they were exposed to during their formative years. On the national front, Nisei and Sansei from Hawaii and the mainland are actively engaged in the important work of the new Japanese American National Museum in Los Angeles. The Museum is the first and only national museum dedicated to an ethnic group in America. Through both fixed and traveling exhibits, the Museum shares the darkest and brightest moments for Japanese Americans with others both at home and abroad. It is noteworthy that the City of Los Angeles currently lists the Museum as one of seven must see attractions in its brochures provide to tourists. The Museum has also received a large federal grant this year, through the sponsorship of Senator Inouye, that will use the experiences of Japanese American veterans from World War II, Korea, and Vietnam as the foundation for a new Center for the Preservation of Democracy. In this manner, the sacrifices of our Nisei veterans will be captured and used to construct a very real and moving American story. A story that needs to be told over and over again to current and future generations of Americans so that no group of Americans is ever subjected to what Japanese Americans experienced. Well, 60 years has now passed since that Black & Gold Yearbook of 1941. Today, the typical McKinley boy from that time is still five ft., six inches tall, but perhaps heavier than the then reported 124 pounds. By contrast, I know that the typical McKinley girl from that same period is still five ft., one inch tall, and still weighs 97 pounds. Regarding the results of that 1941 high school survey, I say to our Nisei veterans you successfully carried through on your convictions. You stepped forward to defend your country and after the war worked hard to make Hawaii and our nation better places to live. You are grayer and wiser than you were 60 years ago. You still believe in honor, duty, and country and have a proven record to show these are not just words. You are still humble and as such will not bathe yourselves in glory although most of us realize you deserve such honor. And perhaps more important, you truly care about your families and all families in America. For it is through your story that your children, grandchildren, and future generations will cherish and take great pride in their Japanese American heritage. And it is through this same story that other Americans will learn that the preservation of our democracy requires constant vigilance and courage to not allow hysteria of any kind to strip innocent Americans of their basic rights. That 1941 yearbook states, ``Respectfully dedicated to our parents and the excellent home influence given us.'' Today I say to our Nisei veterans who died in combat, to our Nisei veterans who returned home and are no longer with us, and to our Nisei veterans we are blessed to still have with us: We dedicated this service to you and the excellent influence you have had on us. God bless our Nisei veterans and their families, God bless their beloved Hawaii, and God bless the great nation they served so well both in battle and in peace.

Mr. INOUYE

Mr. INOUYE. Mr. President, I suggest the absence of a quorum.

Mr. INOUYE

Mr. INOUYE. Mr. President, I extend my warmest congratulations to the people of Tunisia as they commemorate their country's 45th anniversary of independence. Tunisians have much to celebrate and be proud of, and their firm resolve to fulfill their responsibilities as a republic and to govern themselves with integrity is most admirable. Tunisia has managed, in a relatively short period of time, to make significant gains on the political, economic, and social fronts. I salute President Zine El Abidine Ben Ali for his leadership in initiating and supporting several reforms that paved the way for open government. I commend leaders from the public and private sectors for balancing the demands of economic development and social concerns. Finally, I wish to praise all the people of Tunisia for their peaceful participation in Tunisia's remarkable journey from colony to republic. It is my hope that as Tunisians commemorate their country's 45 years of independence, they will also celebrate their ancient past and their unique cultural identity, which is an amalgam of Arab, Berber, African, and European influences. The country's long and rich history has made Tunisians a resilient and resourceful people, and I am confident that the future of the country will be bright and promising. I look forward to many more years of friendship and cooperation between Tunisia and the United States.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise to introduce legislation to repeal the current 50 percent tax deduction for business meals and entertainment expenses, and to restore the tax deduction to 80 percent gradually over a five-year period. Restoration of this deduction is essential to the livelihood of small and independent businesses as well as the food service, travel, tourism, and entertainment industries throughout the United States. These industries are being economically harmed as a result of the 50 percent tax deduction. The business meals and entertainment expenses deduction was reduced from 80 percent to 50 percent, in the Omnibus Budget Reconciliation Act of 1993, and went into effect on January 1, 1994. Its results have been detrimental to small businesses, the self-employed, and independent and traveling sales representatives. These groups rely on one-on-one meetings, usually during meals, for their marketing strategy, and the reduction of the business meals and entertainment deduction has impacted their marketing efforts. Many small business organizations have shown their support for an increase in this deduction. The National Restaurant Association, National Federation of Independent Business, National Employees and Restaurant Employees International Union, National Association of the Self-Employed, and the American Hotel and Motel Association, have all spoken of the need for the reestablishment of the 80 percent deduction for business meal and entertainment expenses. For example, traveling and independent sales representatives incur substantial travel and entertainment expenses from spending, annually, an average of 150 nights on the road. Home-based businesses also rely heavily on meeting with clients outside of the home and over meals. Such businesses have been harmed by the reduction of this deduction to 50 percent. Currently, there are approximately 23.2 million persons who spend money on business meals in the U.S., down from 25.3 million in 1989. The total economic impact on small businesses of restoring the business meal deduction from 50 percent to 80 percent ranges from $5 to $690 million, depending on the state. In the state of Hawaii, the estimated economic impact ranges from $32 to $43 million. I urge my colleagues to join me in cosponsoring this important legislation. Mr. President, I ask unanimous consent that the bill text be printed in the Record.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise to introduce legislation to repeal the current 50 percent tax deduction for business meals and entertainment expenses, and to restore the tax deduction to 80 percent gradually over a five-year period. Restoration of this deduction is essential to the livelihood of small and independent businesses as well as the food service, travel, tourism, and entertainment industries throughout the United States. These industries are being economically harmed as a result of the 50 percent tax deduction. The business meals and entertainment expenses deduction was reduced from 80 percent to 50 percent, in the Omnibus Budget Reconciliation Act of 1993, and went into effect on January 1, 1994. Its results have been detrimental to small businesses, the self-employed, and independent and traveling sales representatives. These groups rely on one-on-one meetings, usually during meals, for their marketing strategy, and the reduction of the business meals and entertainment deduction has impacted their marketing efforts. Many small business organizations have shown their support for an increase in this deduction. The National Restaurant Association, National Federation of Independent Business, National Employees and Restaurant Employees International Union, National Association of the Self-Employed, and the American Hotel and Motel Association, have all spoken of the need for the reestablishment of the 80 percent deduction for business meal and entertainment expenses. For example, traveling and independent sales representatives incur substantial travel and entertainment expenses from spending, annually, an average of 150 nights on the road. Home-based businesses also rely heavily on meeting with clients outside of the home and over meals. Such businesses have been harmed by the reduction of this deduction to 50 percent. Currently, there are approximately 23.2 million persons who spend money on business meals in the U.S., down from 25.3 million in 1989. The total economic impact on small businesses of restoring the business meal deduction from 50 percent to 80 percent ranges from $5 to $690 million, depending on the state. In the state of Hawaii, the estimated economic impact ranges from $32 to $43 million. I urge my colleagues to join me in cosponsoring this important legislation. Mr. President, I ask unanimous consent that the bill text be printed in the Record.

Mr. INOUYE

Mr. INOUYE. Mr. President, I had every intention to once again, as I have done in the past, support the President's choice of Cabinet members. The President was elected, he selected his team, and his choices should be respected. In the case of former Senator John Ashcroft's nomination as the U.S. Attorney General, the President's choice will be respected by a majority vote of the Senate. However, if I supported the nomination of Senator Ashcroft, my vote may be misunderstood not only by my supporters and constituents, but by many others. It should also be noted that the Constitution reserves to the Senate the power of advice and consent as to the President's nominations. I hope that my opposition, together with the opposition of several of my colleagues, will advise the President of our concerns as to his nomination of Senator Ashcroft. As a person, my experience in serving with Senator Ashcroft has been a positive one, but I have found myself on most occasions casting my vote in disagreement with Senator Ashcroft. For example, he is for the death penalty; I am against the death penalty. He supports doing away with abortion; I am for freedom of choice. I have also examined Senator Ashcroft's record away from Capitol Hill, and I have found that his actions have been consistent with the views he held when we were colleagues on the floor of the Senate. Senator Ashcroft's actions in the area of civil rights raise questions as to his commitment to preserving the civil rights of all Americans. As the Governor of Missouri, Senator Ashcroft vetoed bills designed to ensure the equal treatment of African American voters. As the Attorney General of Missouri, Senator Ashcroft actively obstructed the voluntary desegregation plan for the City of St. Louis. Similarly, Senator Ashcroft's record on reproductive rights causes me some concern. Throughout his political life, Senator Ashcroft has believed that there is no constitutional right to abortion, and has worked to overturn Roe v. Wade by State and Federal legislation and by constitutional amendment. Senator Ashcroft's persistent efforts to limit reproductive rights as Missouri's attorney general and Governor, and as a U.S. Senator suggest the policies he might endorse as the U.S. Attorney General. I realize that I may be in the minority in my opposition to the death penalty, but I have been against execution as a criminal punishment since the start of my political career. For example, I coauthored the measure in the Territorial Legislature of Hawaii that abolished capital punishment, and from that time forward, no convicted criminal in Hawaii has been put to death. Senator Ashcroft does not share my views on this subject. Indeed, as Governor of Missouri, Senator Ashcroft took the position that the death penalty was appropriate for teenagers, and denied that there is any racial disparity in the application of the death penalty. I do not share these beliefs, and I think that Hawaii's experience with the death penalty points to opposite conclusions. Knowing these and the many other aspects of Senator Ashcroft's record that have come to light in recent days, I have some difficulty seeing him as the next U.S. Attorney General--so much difficulty that I believe I must exercise my Senatorial right of advice and consent and cast my vote in opposition to the nomination to make sure the record is clear.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to introduce a resolution to commemorate the 100th anniversary of the United States Army Nurse Corps. As a proud supporter of the Army Nurse Corps, both the officers and the many enlisted and civilian personnel who work with them, I am pleased that we are taking time today to recognize their contributions to our army and our nation. Since the War of Independence, nurses have served our military in peace and in war, but it was not until 1901 that a bill came before the Congress to establish a permanent Nurse Corps. The Nurse Corps became a permanent corps of the medical department under the Army Reorganization Act passed by the Congress on February 2, 1901. At that time, the Nurse corps was composed of only women. The Army Nurse Corps has a proud history. More than 21,000 nurses served during World War I, many of them named in British Army dispatches for their meritorious service. In World War II, more than 57,000 Army nurses again served with distinction. Sixty-six of those nurses were captured in the Philippines and held as prisoners of war for three years before their liberation in February 1945. There is not enough time to describe all of the heroic actions of the nurses who waded ashore on the Anzio beachhead and many other locations throughout the war. One nurse, Lieutenant Frances Y. Slinger from Roxbury, Massachusetts, wrote a letter to Stars and Stripes from her tent in Belgium: Sure we rough it. But compared to the way you men are taking it, we can't complain, nor do we feel that bouquets are due us. . . . It is to you we doff our helmets. To every G.I. wearing the American uniform-for you we have the greatest admiration and respect. Seventeen days later, on October 21, 1944, Lieutenant Slanger died of wounds caused by the shelling of her tented hospital area. Hundreds of soldiers replied: To all Army nurses overseas: We men were not given the choice of working in the battlefield or the home front. We cannot take any credit for being here. We are here because we have to be. You are here because you felt you were needed. So, when an injured man opens his eyes to see one of you . . . . Concerned with his welfare, he can't but be overcome by the very thought that you are doing it because you want to . . . you endure whatever hardships you must be where you can do us the most good. Eventually, on August 9, 1955, Public Law 294 authorized commissions for male nurses in the U.S. Army Reserve. Army Nurses went to serve our nation in Korea, Vietnam, Grenada, Panama, Operation Desert Shield/ Desert Storm, Somalia, Bosnia, Kosovo and other far away destinations. Army Nurses are currently deployed to more than 15 countries, and there are nurses in the Army Reserves, Army National Guard and the Active Force. Today, we recognize the men and women of the Army Nurse Corps for their selfless service and dedication to our nation and our military. I commend the Army Nurse Corps for its commitment to excellence and for a century of leadership and caring for America's Army from 1901 to 2001.

Mr. INOUYE

Mr. INOUYE. Mr. President, today I rise to introduce the Physical and Occupational Therapy Education Act of 2001. This legislation will increase educational opportunities for physical therapy and occupational therapy practitioners in order to meet the growing demand for the valuable services they provide in our communities. Several factors contribute to the present need for federal support in this area. The rapid aging of our nation's population, the demands of the AIDS crisis, increasing emphasis on health promotion and disease prevention, and the growth of home health care has increased the demand for physical and occupational therapy services. This demand has exceeded our ability to educate an adequate number of physical therapists and occupational therapists. In addition, technological advances are allowing injured and disabled individuals to survive conditions that would have proven fatal in past years. An inadequate number of physical therapists has led to an increased reliance on foreign-educated, non-immigrant temporary workers (H-1B visa holders). The U.S. Commission on Immigration Reform has identified physical therapy and occupational therapy as having the highest number of H-1B visa holders in the United States, second only to computer specialists. In addition to the shortage of practitioners, a shortage of faculty impedes the expansion of established education programs. The critical shortage of doctoral-prepared occupational therapists and physical therapists has resulted in a depleted pool of potential faculty. This bill would assist in the development of qualified faculty by giving preference to grant applicants seeking to develop and expand post- professional programs for the advanced training of physical and occupational therapists. The legislation I introduce today would provide necessary assistance to physical and occupational therapy programs throughout the country. The investment we make will help reduce America's dependence on foreign labor and create highly-skilled, high-wage employment opportunities for American citizens. Mr. President, I ask unanimous consent that the text of this bill be printed in the Congressional Record.

Mr. INOUYE. Mr. President, I am introducing legislation today to amend Title VII of the Public Health Service Act to establish a psychology post-doctoral program. Psychologists have made a unique contribution in reaching out to the nation's medically underserved populations. Expertise in behavioral science is useful in addressing grave concerns such as violence, addiction, mental illness, adolescent and child behavioral disorders, and family disruption. Establishment of a psychology post-doctoral program could be an effective way to find solutions to these issues. Similar programs supporting additional, specialized training in traditionally underserved settings have been successful in retaining participants to serve the same populations. For example, mental health professionals who have participated in these specialized federally funded programs have tended not only to meet their repayment obligations, but have continued to work in the public sector or with the underserved. While a doctorate in psychology provides broad-based knowledge and mastery in a wide variety of clinical skills, specialized post-doctoral fellowship programs help to develop particular diagnostic and treatment skills required to respond effectively to underserved populations. For example, what appears to be poor academic motivation in a child recently relocated from Southeast Asia might actually reflect a cultural value of reserve rather than a disinterest in academic learning. Specialized assessment skills enable the clinician to initiate effective treatment. Domestic violence poses a significant public health problem and is not just a problem for the criminal justice system. Violence against women results in almost 100,000 days of hospitalization, 30,000 emergency room visits and 40,000 visits to physicians each year. Rates of child and spouse abuse in rural areas are particularly high, as are the rates of alcohol abuse and depression in adolescents. A post- doctoral fellowship program in the psychology of the rural populations could be of special benefit in addressing these problems. Given the demonstrated success and effectiveness of specialized training programs, it is incumbent upon us to encourage participation in post-doctoral fellowships that respond to the needs of the nation's underserved. Mr. President, I ask unanimous consent that the text of this bill be printed in the Congressional Record.