Sue Kelly

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I rise today in strong support for the Hinchey amendment. Under the Veterans' Equitable Resource Allocation plan, I have witnessed the effects of a $226 million cut to the lower New York area veterans network. After a careful study of VERA, I have come to the conclusion that it is flawed. These flaws permeate VERA's methodology, its implementation, and especially the VA's oversight of this new spending plan. It is unfortunate that the VERA plan imposed upon our VA facilities, it is not one to provide proper funding to the VA facilities but one to steal from Peter to pay Paul or to take from some VA facilities to give to others. A little over 6 months ago the VA released a report of its own Office of the Medical Inspector investigating reports into the reduced quality of care at Castle Point and Montrose Veterans Hospitals in my district in the New York Hudson Valley. The findings of the Office of Medical Inspector are startling and uncover a problem that we were only partly aware of. The Medical Inspector found 158 violations of health and safety and VA codes. The most startling finding was that there was a 25 percent increase in poor to marginal care that was given at the VA hospitals in 1997 in my district. Let me point out that the report made continuing references to findings such as, and I quote, ``pieces of antiquated medical equipment, including those used by or on patients who were identified in the ICU.'' The report also stated that its ``Team members had observed dust, fecal stains, and urine stains on patient care unit floors. Team members noted floors, walls, and ceilings with cobwebs, windowsills covered with dirt and dust, peeling paint, broken floor tiles, crumbling cement,'' et cetera. This prompted one of the most important conclusions of the report, again, which I quote: ``There is a great need for overall upgrading of both facilities.'' The VA inspectors also stated that they, and I again quote, ``believe that (the network) and Castle Point and Montrose leadership and management may have accelerated the pace of the integration to become more efficient in anticipation of VERA.'' In short, we were feeling the negative effects of VERA long before it was ever implemented. When VERA is supposed to promote more efficient and effective delivery of care, I am seeing the exact opposite occur at veterans' hospitals in my area. The staff there is caring and wonderfully committed, but the VA is not supporting them. I beseech my colleagues on both sides of the aisle to support the Hinchey amendment and to make the necessary investment into veterans' hospitals for all necessary upgrading needed in order to keep their promise of care for our veterans. The veterans of this Nation gave their best for us, and now we must do our best for them.

Mrs. KELLY. I yield to the gentleman from California.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, we have included some special provisions in the Patient Protection Act that recognize the distinctive health care needs of patients, especially women and children. Medically, women are not just small men. Their bodies are different and their needs are different. And children are not little adults. They need specific and sometimes immediate care. This bill provides women with direct access to their OB-GYN without preauthorization or referral by a primary care physician. It also lets parents get to a pediatrician directly. As a former florist, I also know how costly it is to provide coverage to employees, and I know how frightening it is to an employee not to be sure that their health care will be there when they need it. And although the cost continues to skyrocket, my colleagues on the other side of the aisle continue to turn their backs on small businesses and the burden that these employers face. The Patient Protection Act is the only proposal that addresses the growing health insurance crisis among the small business community, and the fact is the fastest growing segment of small business owners are businesswomen. These women-owned businesses are the businesses that we use every day: The woman who does our taxes, who cuts our hair, who runs the local day care center. We have 8 million women-owned businesses that employ 18.5 million people, one out of every four U.S. workers, yet only 48 percent of the women-owned businesses with less than 25 employees can afford to offer health care insurance. We confront that problem by providing affordable health insurance to small businesses so they can provide peace of mind and security for their workers and their families. I encourage each and every one of my colleagues to vote for this bill.

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, I move to strike the last word. I would like to join the gentleman from California (Mr. Lewis) in a colloquy. Chairman Lewis, I apologize for not being here during the time that you were discussing title I of this bill. Other business kept me from the House floor. But, as you know, I and a number of my colleagues in New York and New Jersey have been very concerned over reports of substandard care amount our veterans' hospitals with Veterans Integrated Service Network 3. An investigation by the VA's Office of Medical Inspector confirmed over 158 separate health and safety violations at the VISN 3 facilities. Of added concern was the fact that these problems coincided with the funding cuts required by the implementation of the Veterans Equitable Resource system, or VERA. While the Office of Medical Inspector was identifying so many problems related to the care and services of our veterans, the VISN 3 director transferred an additional $20 million over and above what was required by VERA back to Washington. This action may have satisfied a budgetary goal, but it is completely inconsistent with the goal of quality veterans care, which should be the core mission of the VA. With your leadership, Mr. Chairman, the committee included report language to accompany the Fiscal Year 1999 VA-HUD appropriations bill to urge the VA Secretary to provide VISN 3 with a one-time credit of $20 million, ensuring that this funding remains in the Network to address the problems noted in the OMI's report. Unfortunately, public statements by the VA have suggested that the agency may not carry out the committee's wishes as set forth by the report. Mr. Chairman, is it your intention that the VA will carry out the will of the committee as dictated by the report language?

Mrs. KELLY. Mr. Chairman, I rise today to call on all of my colleagues from both sides of the aisle to join me in strong support for the Leach-Lazio amendment to add H.R. 2, the Housing Opportunity and Responsibility Act of 1997, to the VA-HUD appropriations bill. I would like to thank the gentleman from New York (Mr. Lazio) and all of the members of the House Committee on Banking and Financial Services for their hard work on H.R. 2, which we passed with a bipartisan vote last year. H.R. 2 is a piece of well-thought-out, comprehensive legislation that will make a real difference in public housing in America. We have based this legislation on simple goals that will move our public housing programs in a strong new direction to empower the residents. The goals are, one, personal responsibility that extends to a mutual obligation between the provider and the recipient. One of the ways we accomplish this is through 8 hours a month work requirements for residents, exempting the elderly, the disabled, the employed, those who are in school or are receiving training, and those who are already involved in a welfare program. Two, retention of protections for residents. One way this is accomplished is through the exclusion of income for the first few months of a new job and the income of minors from the determination of a resident's income level. Another thing I would hope this bill would accomplish is improving thoughtful consideration of others for those who live in public housing. For instance, I have heard that some of the residents in one public housing building in my district butchered a cow in their bathtub. No one should have to live with neighbors who care so little for their other neighbors that they would do this, let alone the poor cow. Number three, removal of disincentives to work and empowerment of the individual and family tenant through choices that I believe will lead them to economic independence. One of the ways we do this is by giving residents a choice between a flat rent or a percentage of their income. I would like to emphasize that everyone has the same shared objective: clean, safe, affordable housing that empowers the have-nots in our society to become people who can realize their own American dream.

Mrs. KELLY. I yield to the gentleman from California.

Mrs. KELLY. Mr. Chairman, I simply want to concur in what the gentleman said, and I want to emphasize that the money should go, as we all expected it to go, into high-quality medical care for the veterans. They deserve nothing less.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, the killing in Kosova continues, and as is always the case in war, it is the innocent civilians who suffer the most. This picture of refugees fleeing Kosova, right here, through the mountainous region on the border with Albania illustrates only a few of the many thousands of Kosovan refugees who have fled the country in recent weeks to escape from the latest round of ethnic cleansing taking place in this troubled region. I visited the region with my colleagues, the gentleman from New York (Mr. Elliott Engel) and the gentleman from Virginia (Mr. Jim Moran) just prior to the latest offensive launched by Serbian strongman Slobodan Milosevic. What we saw there was a mixture of fear and apprehension over the possibility that the violence would escalate, a fear which has, sadly, come to pass. The ethnic Albanian population in Kosova elected Dr. Abraham Rugova as the President of the Republic of Kosova. Despite the fact that Belgrade refused to recognize the legitimacy of the election, despite the violence that was already taking place at the time, and despite the fact that the Kosovan people went to the polls on an election day at their own personal peril from possible retribution from Serbian police and military forces, I saw a genuine sense of hope among the ethnic Albanians that we were able to meet. Of course, that hope was shattered by artillery and mortar rounds as Milosevic launched his latest and most deadly campaign against the Kosovan people, a campaign which has left hundreds dead and many thousands more homeless. I suppose, Mr. Speaker, that this should not surprise any of us. After all, dictators care very little for the will of the people, for human rights, and for the rule of international law. Milosevic now has an estimated 50,000 troops and special police in Kosova, backed by tanks and armored vehicles, artillery, helicopter gunships, and aircraft to support his campaign of genocide. No, Mr. Speaker, Mr. Milosevic cares very little about the consequences of his actions in Kosova, or for the outrage expressed by world leaders. Mr. Speaker, Mr. Milosevic no longer responds to words and condemnation. What will get his attention? What will end the killing? What will end scenes such as this, of terrified refugees fleeing with whatever belongings they could grab and carry, these poor people streaming out of the mountains, leaving their homes, leaving their family farms, trying to flee the violence? What will end scenes such as this? What may finally bring peace and stability to this troubled region? That is the very real threat of military action by NATO. Mr. Milosevic does not understand reason, but he does understand force. When he realizes that his own forces may be in jeopardy if he fails to pull them out of Kosova, then and only then will he cease fire and pull back. Then and only then will we have any real chance at negotiating a lasting peace that recognizes the rights of all Kosovans. It is time that NATO take the gloves off, Mr. Speaker. If Milosevic only responds to force, then perhaps we have reached a point where force is necessary.

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, on rollcall vote No. 258 I accidentally pressed the wrong button and voted ``nay.'' My intent was to vote ``aye.'' I fully support Mr. Neumann's amendment, and believe that the peanut program is well overdue for real reform. I request that the Record show that on rollcall vote No. 258, my intent was to vote ``aye.'' Amendment No. 2 Offered by Mr. Bass

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, I move to strike the requisite number of words, and I rise in strong support of the Gillmor-Tanner amendment which seeks to ensure that all American citizens are treated equally under the law. The political rights of American voters should not be determined by where they work. Just as our Nation has assured equal political participation for all citizens regardless of race, gender or national origin, we should ensure that no class of Americans are denied an avenue of political participation that is available to all other Americans. In my home State of New York nearly 349,000 American citizens work for American subsidiaries of companies headquartered abroad. It makes no sense that my constituent who works at their American-owned McDonald's can join with fellow employees and contribute to campaigns through a political action committee while their neighbor who works at a foreign-owned Burger King or Hardee's is denied this avenue of participation in our political system. Mr. Chairman, it is only fair and common sense that we provide in our election law a provision to ensure that all Americans receive the same opportunities and avenues of political participation. I urge my colleagues to support the Gillmor-Tanner amendment.

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, I offer an amendment.

Mrs. KELLY. Mr. Chairman, I yield 1 minute to the distinguished gentleman from Florida (Mr. McCollum).

Mrs. KELLY. Mr. Chairman, I yield myself such time as I may consume. I rise today to introduce an amendment that addresses a problem that is increasing in our Nation, children being taken as hostages. Far too many scenarios have been documented in which children taken as hostages are exposed to violence, emotional trauma or physical harm at the hands of adults. For example, in New York, a woman's estranged husband took her and their three children hostage at the point of a loaded shotgun. He held them for nearly 4 hours, and at one point he even allegedly traded his 7-year-old son for a pack of cigarettes. It was only when he threatened to use the children as human shields that a SWAT team rescued the children, and that resulted in something that was a very difficult situation in my State. In Baltimore, a man broke into a second floor apartment, stabbing a young mother, holding her 9-month-old child hostage for 2 hours before a quick response team could rescue the baby and apprehend the suspect. Situations like these are unacceptable and should not be tolerated by anyone. All over the country children are being used as pawns by violent adults. We in Congress must do our part to help prevent these scenarios from developing in the first place. This amendment is based on my bipartisan legislation, H.R. 3438, and will give new protections to children, our Nation's most precious resource. It establishes the strictest punishments for those who would evade arrest or obstruct justice by using children as hostages. This provision toughens penalties against any person who takes a child, 18 years of age or younger, hostage in order to resist, compel or oppose the Federal Government. Such a person would serve a minimum sentence of 10 years to a maximum of death depending on the extent of injury to the child. A number of States, including California, Illinois and Florida, already enforce tougher penalties on people convicted of stealing children for their own personal gain. Please join me in this important effort to protect the lives and well-being of our Nation's children. I hope that together we can make our Nation a safer place for everyone, especially those in our society least able to protect themselves. Mr. Chairman, I reserve the balance of my time.

Mrs. KELLY. Mr. Chairman, I yield myself such time as I may consume. Once again, Mr. Chairman, passage of this amendment would give law enforcement across the country a new and powerful weapon to fight against violent criminals. As I mentioned earlier, there are disturbing examples of hostage situations involving children from across the country. I hope that my colleagues will join me and pass these new protections from crime for America's children. Mr. Chairman, I yield back the balance of my time.

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, I thank the gentleman from Pennsylvania (Mr. Gekas) for yielding me this time. Mr. Chairman, I rise in opposition to the Nadler amendment. H.R. 3150, as written, boils down to two words: personal responsibility. If we assume a debt, we should do everything in our power to pay it off. A safety net should remain for those who legitimately cannot pay their debts. Creditors should be made whole if possible. Some of my colleagues here today are trying to paint the word creditors to mean faceless financial institutions who are tricking consumers into assuming debt. They specifically speak of credit card debt, but they unfortunately fail to note that credit card debt in the United States amounts to only 3.7 percent of all consumer debt. The people who are truly being hurt by our current bankruptcy system are the Americans who play by the rules and pay their debts. It costs the average American family an average of $400 a year. Why should they have to pay? Needs-based bankruptcy reform is well overdue, and that is what is in H.R. 3150. Mr. Chairman, the abuses in our bankruptcy system that scream for reform must be stopped. For example, people currently have the ability to move to Florida, buy a house for $10 million dollars, declare bankruptcy, and have all of that house plus additional assets protected. We have the gentleman from Massachusetts to thank for this piece of the reform package for his well thought out amendment to this legislation that passed during committee consideration of this legislation. It is these people who game the system that we are trying to stop. It is unfortunate that in the last two decades the stigma that used to surround bankruptcy and some people's integrity to honor their debts has eroded in the United States of America. But it largely for that reason that in a good economy, bankruptcy filings have jumped 20 percent in 1997 to an all-time high. I ask all of my colleagues from both sides of the aisle to join me in opposition to the Nadler amendment and for H.R. 3150, reasonable reform to means-test bankruptcy eligibility.

Mrs. KELLY

Mrs. KELLY. Mr. Chairman, I thank the gentleman from Pennsylvania for yielding to me the time to clarify some very important provisions of this legislation. Mr. Chairman, I rise today in strong support of H.R. 3150, the Bankruptcy Reform Act. Some of my colleagues would have us believe that this legislation would undermine alimony and child support. All arguments to this effect are pure distortion of the actual language of this bill. This bankruptcy reform legislation before us today does nothing of the sort. In reality, it strengthens the Bankruptcy Code's protections for ex-spouses and children. I will quote to my colleagues a May 13 nonpartisan Congressional Research Service memorandum: ``No provisions in H.R. 3150 would repeal the current protections that child support receives. The bill would reinforce the legal status of these payments in some ways.'' H.R. 3150 is quite clear that the child support and alimony must be paid first and in their entirety before a single dollar is paid out to nonpriority, unsecured creditors. This priority holds even where an ex- spouse who has the obligation to pay alimony has drawn on an unsecured credit line to pay marital obligations. As a constant fighter for the rights of ex-spouses to have first priority to every cent of assets, I would vehemently oppose any legislation that would reduce the ability of women and children to receive support payments. If people would take the time to read this legislation, they would see that H.R. 3150 will benefit, not harm, child support and ex-spousal support. Members can speak to the possibility that future Congresses may change bankruptcy law, but let us keep the debate focused on the effects of this bill. H.R. 3150 strengthens the rights of ex-spouses and children to receive support before any other creditor.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, President Clinton recently pledged to Dr. Ibrahim Rugova, President of the Republic of Kosova, that the U.S. would not allow another Bosnia to occur in Kosova. Sadly, another Bosnia has already begun. Serbian strongman Slobodan Milosevic is now using the same ethnic cleansing tactics in Kosova that he used in Bosnia, which resulted in 200,000 deaths, 2 million homeless, and billions of dollars in damage to the infrastructure and economy of Bosnia. The grim specter of Bosnia can now be seen in Kosova and along its border with Albania as tens of thousands of refugees are streaming across the border. Does that not sound all too familiar? Refugees tell horror stories of villages that have been attacked by the Serbs and emptied of all Albanian residents. Innocent civilians have been massacred. At least 10 villages have been completely razed and thousands have been made homeless in this latest crackdown by the Milosevic regime. These events of recent days were preceded by a massive series of Serbian offensives that have killed more than 200 people since the new wave of aggression began in late February. With further cruelty, Belgrade has restricted the supply of humanitarian assistance to defenseless men, women and children, much of it provided by the United States through Mercy Corps International and other international NGOs. The Serbs have cut telephone lines to the region. They have set up roadblocks to seal off the area. They have prevented international journalists and human rights observers access to the villages. Milosevic is enforcing his own brand of Serbian apartheid on the 90 percent Albanian majority in Kosova. Incredibly, this terrorism by the Serbs has occurred at the very moment President Rugova and strongman Milosevic have been engaged in weekly meetings arranged by Ambassador Holbrooke to negotiate a so- called peaceful settlement to the Kosova crisis. Mr. Speaker, the killing in Kosova must stop. I have been to the region to see the situation for myself and I have met with President Rugova to hear firsthand a report on the current intolerable circumstances. President Clinton must bring greater U.S. efforts to bring the massacre to a standstill as a first step toward resolving this bloody conflict that threatens to destabilize the entire region. The U.S., because of their indecisive leadership and weak demands, are seen as ineffective here even by our allies. The Contact Group of nations has failed to impress Milosevic with the seriousness of its demands, which tragically have been stated without the muscle to back them up and consequently have been totally ignored. Mr. Speaker, the only strong leadership that is going to come must come from the presidency. We must have U.S. leadership that will force the Milosevic regime to end its siege of Kosova and we must stop the killing now. Humanity cannot allow another Bosnia to occur in Kosova.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, I ask unanimous consent that, notwithstanding any adjournment of the House until Wednesday, June 3, 1998, the Speaker, majority leader, and minority leader be authorized to accept resignations and make appointments authorized by law or by the House.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, with regard to my earlier colloquy with the Chairman on functional regulation which appears on page H3140 of the May 13, 1998 edition of the Congressional Record I would briefly like to quote from the report language from both the House Banking Committee and House Commerce Committee that further illustrates the intent of functional regulation of H.R. 10: ``An important aspect of this new framework is that it would incorporate functional regulation with the Federal Reserve serving as an umbrella regulator to oversee the new financial holding company structure. Securities affiliates would be required to comply with all applicable Federal Securities law . . . The Act would also provide that insurance affiliates be subject to applicable State insurance regulation and supervision.'' ``Title I . . . expressly limits the authority of the Board of Governors of the Federal Reserve System (Federal Reserve Board) over the affiliates of financial services holding companies. These limitations are designed to facilitate functional regulation of the operative components of a financial services holding company. Specifically, the preeminent authority of the Securities and Exchange Commission (SEC or Commission) and the State insurance regulators over securities firms and the business of insurance, respectively, is preserved.'' ``Section 113. Authority of state insurance regulator and Securities and Exchange Commission. This section limits the Federal Reserve Board's ability to require that an insurance company or registered broker or dealer provide funds to an affiliated bank if the State insurance authority or the SEC determines in writing that such action would have a materially adverse effect on the financial condition of the insurance company or the broker dealer. The Committee determined that this provision was necessary to make clear that the source of strength doctrine does not extend to securities and insurance affiliates of banks. The section allows the Federal Reserve Board to require the bank holding company to divest the bank within 180 days of receiving such notice from the State insurance authority or the SEC. ``Title III pertains to the regulation of insurance activities, particularly those of national banks, and sets forth appropriate standards for judicial review of regulatory insurance disputes . . . Subtitle A specifically provides for the functional regulation of insurance. The Committee's purpose in the first part of Subtitle A is to reaffirm the McCarran-Ferguson Act and require State licensing for insurance activities.'' I would like to thank the Chairman and his staff for their assistance and agreement with this language as for the intent of functional regulation in H.R. 10.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, I ask unanimous consent that the business in order under the Calendar Wednesday rule be dispensed with on Wednesday, June 3, 1998.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, this afternoon I received the following message from Jason Miko with Mercy Corps International on the situation in Kosovo. A Mother Theresa Society convoy of food aid was stopped and the aid was confiscated by the Yugoslav police forces on a road between Prishtina and Schtime. The four-truck convoy, three 10-ton trucks, one 5-ton truck, and one Range Rover, belonging to Mercy Corps, an international relief agency, and driven by Mercy Corps staff, was held by the police. The convoy was destined for the Mother Theresa Society warehouse in Schtime when it was stopped at a police check point, police, called the financial/marketing police, which is another branch within the government, who came from a nearby town. The convoy was then impounded. The police told them to come back next Tuesday and took their documents, which were in order, without giving them a receipt for the food aid or the documents. Mr. Speaker, that food aid is probably lost forever, and, meanwhile, the ethnic Albanian population in Kosovo continues to suffer from the oppression of Serbian President Milosevic. The incidents I have described are but the latest example of that oppression. Earlier this week, there were new reports of rapidly escalating acts of violence and murder perpetuated by Serbian military and police forces in Kosovo against innocent, defenseless civilians, including women and children. These actions represent a serious setback to achieving a lasting peace in Kosovo, as well as a major obstacle to any negotiations on easing the sanctions against the Federal Republic of Yugoslavia. I understand that there are two sides to the dispute in Kosovo, but cultural or historic differences should not be an excuse for bombing defenseless villages and schools and killing innocent people who want nothing more than to live and raise their families in peace and security, while having a say in their government. Mr. Speaker, Milosevic must stop his military campaign against the ethnic Albanians in Kosovo. He must negotiate a lasting and peaceful solution that recognizes the rights of all Kosovans.

Mrs. KELLY

Mrs. KELLY. Mr. Speaker, just what is it about the Democrats and foreign policy? Why on earth would the Clinton administration help the Communist Chinese government develop their Long March missile? The facts are pretty clear. The Chinese Long March missile was made by Loral Corporation. In missile tests, the early Long March missile kept crashing and the Communist Chinese desperately needed high technology that only the United States possessed. They wanted to improve missile guidance systems, but the U.S. had a policy that stood in the way. In fact, a criminal investigation was already underway about missile technology to China when the White House overrode the Justice Department and the Defense Department, granting Loral a waiver to give China a missile system. Again, the question that must be answered, why would the Clinton administration try to help the Communist Chinese government with their missile program? We need an answer to this question. Clintonism is Carterism without virtue.

Mrs. KELLY

Mrs. KELLY. I yield to the gentleman from Iowa.

Mrs. KELLY. Madam Chairman, I ask unanimous consent to incorporate a further explanation of this aspect of the bill after consultation with Chairman Leach.

Mrs. KELLY. Madam Chairman, one of the most important aspects of H.R. 10 is that it is designed to enhance functional regulation of holding companies. As such, it is my understanding that insurance companies within the holding company structure will be regulated by the State insurance regulators, and securities firms will be regulated by the SCC and the State securities regulators. While the Federal Reserve Board will remain the umbrella supervisor, H.R. 10 will assure that firms within the holding company such as insurance companies will be able to continue to operate in the manner in which they operate today. Madam Chairman, I simply want to confirm with the gentleman from Iowa (Mr. Leach) that this is his understanding of the bill as well.