Dennis Kucinich

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to remember Frank Yankovic, America's Polka King. The story of Yankovic's rise from a hard scrabble youth on the streets of Cleveland, Ohio to the country's best selling Polka music artist deserves recognition. In a recording career that spanned 60 years, two gold single records, thirty million records sold, and the first Grammy Award in the category of Polka music, Frank Yankovic's ``Cleveland-Style Polka'' has been widely credited with catapulting an Eastern European art form into a mainstay of American music culture. Tinkering with orchestrations and translating lyrics into English, Yankovic proved that Polka music could appeal to millions of Americans and become a vehicle for mass entertainment. His millions of record sales are a testament to this vision. An inductee of Chicago's International Polka Association Hall of Fame and the ``Cleveland-Style'' Polka Hall of Fame, in addition to the Wisconsin and Michigan Polka Halls of Fame, Yankovic collaborated with an eclectic group of artists, ranging from Duke Ellington to Doris Day to Chet Atkins to Drew Carey. Yankovic was featured with his own float in the 1996 Presidential Inaugural Parade. The ``Frank Yankovic Band'' has performed to enthusiastic crowds across the country and around the world and made its Kennedy Center debut in 1998. My fellow colleagues, Frank Yankovic was indeed an inspiration. He will be greatly missed, but his enormous contribution to American music culture will never be forgotten. Final Goodbye Polka (By William F. Miller) They had come to mourn his death, but the Polka King's rollicking music worked its magic one more time. As faint strains of Frankie Yankovic's ``Blue Skirt Waltz'' and ``Just Because'' drifted through St. Mary Church yesterday from accordionists warming up outside, people at the solemn funeral Mass looked up in recognition. Then they began to smile. A few minutes later, they stood outside and sang along. ``The music seemed like it was coming from heaven,'' remarked a woman wearing a babushka. ``It looked like rain, but did you notice the skies turned to blue when the accordionists played the `Blue Skirt Waltz'?'' said August Pust, special assistant for multicultural affairs to Gov. George V. Voinovich. ``I'm speechless and so happy for the music they are playing for my father,'' Yankovic's daughter, Andrea McKinnie, said through her tears. ``That is exactly--yes, exactly--the way he would have wanted it, and thankfully they knew to do it. God bless them all.'' An estimated 800 people attended the church service for Yankovic, a Cleveland native who won the first Grammy ever given for polka music and whose tireless touring brought Cleveland Slovenian-style polka to the top of the music charts. Yankovic, 83, died last Wednesday in New Port Richey, Fla. Police officers blocked traffic along the route from St. Mary to Calvary Cemetery as the funeral cortege passed. A delay in the hearse's departure from the church created the opportunity for a miniconcert outside. Eight of Yankovic's musician friends had brought their accordions, planning to play as Yankovic's casket was taken to the hearse. They ended up repeatedly playing ``Blue Skirt Waltz'' and ``Just Because,'' Yankovic's biggest hits from the 1940s, the only two polka songs ever to sell more than a million copies each. Many of the mourners, especially older ones, began singing along when the impromptu band broke out some old-fashioned folk Slovenian songs. The musical scene was repeated at Calvary Cemetery, where an estimated 250 people bid their polka hero farewell. During the funeral Mass, members of Yankovic's family went to the altar to express their love for him, calling him a loving and caring husband, father and grandfather. The Rev. John Kumse, pastor of St. Mary, said everyone benefited from and can be thankful for Yankovic's gifts as an entertainer. Yankovic's loyal followers, many in their 70s and 80s, attended the service. Emma Yudovich, 70, traveled from El Paso, Texas. ``He would tour in those early days and we would travel hours to see him to concert or at a dance, wherever he was, because we loved his polka music,'' she said. ``We are sad, of course, but we cannot be too sad for him because he lived one of the fullest lives one could live.'' Cleveland Councilman Michael D. Polensek, who grew up in Collinwood, Yankovic's old neighborhood, said the Polka King ``was a hero in the neighborhood.'' He said that as a councilman he was constantly asked to get a council resolution honoring Yankovic on his retirement. ``I think I must have produced 10 of them over the years, and then Yankovic would change his mind and continue playing,'' Polensek said.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today in support of this resolution. It is appropriate that the House should honor Matthew Shepard in his death, and condemn the heinous crime which took his life. But I also rise to say that this resolution is not enough. The event that has brought us together in mourning was not only a murder. It was certainly not only a robbery. It was an attempt by two people to send a message to an entire community. The alleged perpetrators of this crime made no efforts to hide their actions. Mr. Shepard's dying body was not buried in a ditch. He was not hidden. He was not disguised. He was left to die, hung on a fence in an ostentatious bid for discovery. The message Mr. Shepard's attackers intended to send is clear. Their message was that lesbian and gay people should not feel welcome anywhere, a message that lesbian and gay Americans everywhere should fear for their safety. This message is the wrong message in a democratic society. As Americans we have a moral responsibility to send our own message back. A message that despite our divisions, we all hold inalienable rights to life, liberty, and the pursuit of happiness. A message that we, as a country and as a community, condemn not only this murder, but all crimes perpetrated against our fellow Americans for their race, religion, gender, disability or sexual orientation. We have an opportunity to send this message by passing the Hate Crimes Prevention Act before we adjourn the 105th Congress. We must not drag our feet any longer. I urge my colleagues to pass the resolution condemning Matthew Shepard's murder, and I also urge them to pass the Hate Crimes Prevention Act now. Let's send the clearest possible message that American values are the values of tolerance, non-violence, and equality.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to recognize Cleveland's Latvian community in celebrating 80 years of independence. Latvian- Americans have become an important part of this area, enriching it with their native heritage and lively culture. The Latvian Community in Cleveland traces back its origins to 1897, when 28 families formed the Emmanuel Lutheran Parish. At the end of World War II, the evasion of communism caused a massive immigration of Latvians to the United States, during which more than 2,500 displaced Latvians chose the Cleveland area as their home. This community of Latvian immigrants has grown throughout the years, entering America's economic and educational mainstream, but always maintaining their Latvian heritage by sharing native foods, folk songs and dancing with their neighboring communities. The Latvian organizations in Cleveland have promoted and preserved their native values and culture, as well as worked to expose the ravages of communism. They contributed to the dream and final reality of an independent Latvia, when the country regained its independence in 1991, after 50 years of Soviet domination. My fellow colleagues, please join me in honoring Latvia's 80th Independence Day celebration in the Greater Cleveland area. This event commemorates the many accomplishments of this community, and it recognizes the struggle to gain the freedom they have enjoyed for the past eight decades. Latvian-Americans continue to hold on to their Latvian heritage, culture, traditions and maintain ties with family and friends who live in their native land.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to celebrate the 100th anniversary of the Pioneer Abstinence Association of the Sacred Heart. Pioneers promote a pure and Christian way of life through temperance and virtue. Founded in 1898 in Dublin, Ireland, the Pioneer Total Abstinence Association of the Sacred Heart was created to encourage a pristine lifestyle among its members, while striving to preserve tradition and uphold membership obligations. Each member of the PTAA belongs to one of the four membership categories, each with their own distinct emblem pin and membership certificate. Much of the membership in the PTAA is centered around the youth of the world. Each phase of the youth membership, which is divided into three categories, is designed to teach young members how to live a pure and Christian life. The Juvenile Pioneer (age 9-12 years), Junior Pioneer (age 12-15 years) and the Young Pioneer (Age 15 and upwards) pledge never to abuse drugs and prepare themselves to become permanent Pioneers. Permanent Pioneers act as mentors to the youth, pledge to abstain from alcohol for life, and must complete one year of total abstinence. In addition to their membership obligations, permanent Pioneers dedicate themselves to enhancing and strengthening the youth of the world as well as supporting victims of drug and alcohol abuse. Today, the PTAA has over 500,000 Pioneers in the United States and around the world. Structured on spirituality, leisure, education and training, youth, centenary and finance, the Pioneers have managed to maintain a strong tradition throughout history and they continue to spread their membership around the globe. My fellow colleagues, join me in honoring the Pioneer Total Abstinence Association of the Sacred Heart of Jesus, an organization that has lifted spirits, restored faith and purified lives all over the world.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to honor Cleveland State University's Fenn College on its 75th anniversary. With its Cooperative Education program, this institution has provided its students with an exceptional education. Founded in 1923, Fenn College began an ambitious mission to make quality education affordable for any student who wanted to attend college. The College's academic core of the School of Art and Sciences, the School of Business Administration and the School of Engineering evolved into Cleveland State University in 1965. Despite the change, Fenn College and its Cooperative Education program have remained a staple of the University. One of the first in the nation, the program partners with area corporations to help students gain work experience in their chosen fields and become valuable employees upon graduation. Students conclude their education prepared and willing to enter the competitive marketplace. Today, Cleveland State University continues the Fenn tradition of excellence. Fenn and Cleveland State graduates create the solutions that drive business, industry, culture, and academics, throughout Northeast Ohio, our nation and the world. My fellow colleagues, please join me in commemorating the 75th anniversary of Fenn College. This fine institution has opened its doors to many young minds, educating them in preparation for their future.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, the issue of prevailing wages for workers on government construction projects has been a major topic of debate during the 105th Congress. In his letter to members of the Cleveland City Council, Mr. Vincent Piscitello, President of VIP Restoration Inc., presents an articulate and compelling argument for the importance of paying employees a living wage when they renovate schools in the Cleveland area. I commend Mr. Piscitello for his clear thinking and commitment to working families, and offer his letter to be included in the Congressional Record. VIP Restoration, Inc., Cleveland, OH, October 6, 1998. Re the elimination of prevailing wage requirements for work performed at the Cleveland City Schools. City of Cleveland Council Members, Council Chambers, Cleveland, OH. Dear Councilperson: You may or may not be aware that the Cleveland City Schools has dropped the prevailing wage requirement for construction projects on city schools and facilities. The prevailing wage guidelines require contractors to pay their employees a decent living wage. The elimination of this requirement is result of the passage of State Senate Bill 102. Ostensibly, using underpaid workers reduces construction costs and therefore the tax burden on the citizens. While many good arguments can be made regarding the fallacy of the proposition that low paid, unskilled workers could complete projects on time, with high quality, and within budget, I believe that the more immediate and important issue is the elimination of good paying jobs with benefits. Over the years unions (supported by prevailing wage requirements) have provided good paying jobs. They have enabled many to climb the ladder into middle class and prosper. Unions provide training, a living wage, and benefits. Union members have gone on to own their own business, send their kids to college, and generally benefit society by being able to provide for their families. A non-union job paying $9 dollars an hour without benefits is fine for a single young person with no dependents. But how do you expect a person (or two) who has worked a full day and takes home $64 after taxes to support their family? Medical emergency? Just don't have them. Saving for retirement? Not possible. By increasing dependency upon governmental entitlement programs this legislation actually increases overall costs and the burden on the taxpayer. Currently, many unions are looking for young energetic men and women to become apprentices. Is there an opportunity for underemployed inner city youths to learn a trade, have a decent paying job, and build a solid fiscal foundation for themselves and their families? I think so. But eliminate the prevailing wage requirements and you eliminate opportunity. Are the lawmakers who passed this legislation and administrators who choose to implement it in on a conspiracy to hold down the working person? I don't really think they are but I do believe they are short sighted and may have a bad case of ``I got mine''. State Senate Bill 102 does not require a school district to hire contractors who employ non-union personnel or pay low wages, a school system can choose to require prevailing wage. Other school districts have agreed to continue to use prevailing wage guidelines. The Construction Employers Association is working with many local school districts to inform them of their rights, the benefits of keeping prevailing wages, and the opportunities available to high school graduates looking to enter the trades. It is important that your constituents have decent paying jobs allowing them the opportunity to provide for their families. We need your help to inform the powers that be that prevailing wage requirements need to be maintained when performing work at the Cleveland City Schools. Please contact John Porada of the CEA at (216) 398-9860 or me at my offices with any questions. Sincerely, Vincent Piscitello, President.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, pursuant to House rule IX, clause 1, I rise to give notice to the House of my intention to offer a Question of Privilege to the House and offer a resolution expressing the sense of the House that its integrity has been impugned because the anti-dumping provision of the Trade and Tariff Act of 1930 (Subtitle B of Title VII) have not been expeditiously enforced.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise on behalf of Cleveland steel workers. Steel imports have reached a crisis level. Thousands of steel workers are in danger of losing their jobs. We have to take strong action, which is what this resolution does. Opponents are more concerned with the integrity of the World Trade Organization than with the integrity of American anti-dumping laws and the jobs of American steel workers. I say we should stand up for steel and American steel workers. Support H. Con. Resolution 598.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to honor the memory of John L. Kocevar, a man who devoted his life to protecting and enhancing the well-being of his community in Seven Hills, Ohio. Serving in World War II with the Army's 392nd Bomb Group in Europe, John Kocevar soon acquired a deep commitment to serving others. Shortly after the war, John began a career in public service, a career to which he would devote the rest of his life. Protecting and enhancing the well-being of his community, John served as an enforcement agent and chief for the Ohio Department of Liquor Control, executive officer of the Cuyahoga County Sheriff's Office and attentively owned the former Area Wide Paging Company. In addition to pursuing his public service career, John also spent much of his time in church. John served as a Eucharistic minister and Holy Name Society member at St. Columbkille Catholic Church in Parma. John L. Kocevar leaves behind his wife, Rita; son, John T.; daughters, Lori Shannon and Kathryn Terlaak; three grandsons; two brothers; and two sisters. My fellow colleagues, join me in honoring John L. Kocevar, a man who dedicated his life to improving and enhancing the lives of others.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, American steel is in a crisis. Yesterday the House of Representatives defeated a resolution to study the crisis. American steelworkers and their families do not need studies. They need action to stop the dumping of steel in this country. The dumping of steel is causing prices to drop, it is threatening the jobs of American steelworkers, it is threatening local economies, it is threatening our strategic industrial base, and, therefore, long-term threatens this country's ability to defend itself. Americans need action to stop the dumping of steel. They need quantitative restrictions on allowing steel into the U.S. market. They need the application of countervailing duties. We do not need more studies. We need action. Stop the dumping of steel in this country. Save the steelworkers' jobs. Protect the American economy.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I want to thank my colleague the gentleman from Michigan (Mr. Barcia) for recognizing me and also thank my counterpart, the chairman of the Subcommittee on Government Management and Information Technology, the gentleman from California (Mr. Horn), for the many long hours that we have worked together on this matter. Chairman Horn has been exemplary in his willingness to carry this issue forward on behalf of the American people as well as, of course, the gentlewoman from Maryland (Mrs. Morella), the gentleman from Iowa (Mr. Leach) and the other Members of Congress who have been very concerned about this. So I am pleased to join my colleagues today in supporting H.R. 4756, the Year 2000 Preparedness Act of 1998. This legislation represents a measured but effective step in the continuing efforts of Congress and the Clinton Administration to prepare for the Year 2000 computer problem. I am also pleased at the bipartisan fashion in which this bill was developed. The Y2K problem is a serious threat to our economy and could have a large impact on the government and the private sector. We have heard the discussions throughout the last year about the potential impacts on communications, on utilities, on transportation, on finance. Safety, public services, consumer products all could be affected. If we are to solve the Y2K problem, it must be done in a bipartisan fashion. It must not, cannot, become purely political. The next 15 months will be a challenge to the government, the public sector and the private sector, and we need to work together cooperatively in a manner analogous to the networking which computer systems allow. Our ability to meet the Y2K task, Mr. Speaker, is not just a technical challenge, it is a social one, which requires us, perhaps as never before, to work together for the common good; together, not just as Democrats and Republicans, but as Americans, concerned that our country be prepared for the Year 2000. In a sense, the Y2K problem represents a crisis in linear thinking, in the reliance of our society on boolean algorithms to design our world, a placing of our technical inventions superior to the slower human systems, instead of the old fashion reliance on the American heart, of people working together, of human interaction, of cooperative pursuits as one Nation. As the new millennium dawns, Y2K gives us a new opportunity to review questions of how our society is structured, of what is important, of what is essential to our Nation, to our families and to ourselves. As we grapple with Y2K, perhaps we will also grapple with the dichotomized thinking which creates the conflict which slows a fast resolution not only of our technical problems, but of our social, political and economic ones as well. So as we enter a new millennium, we are challenged to shift not only our clocks and our computers, but our thinking, the way we look at the world and the way we look at each other. We are challenged to create new thinking which leaps over the prophesies of doom, which are often self-fulfilling, and create a new epic which is all-fulfilling for the social, economic and political progress of every human being. So as we move forward with this legislation, I would like to thank my colleagues, the gentlewoman from Maryland (Mrs. Morella), the gentleman from Michigan (Mr. Barcia), the gentleman from California (Mr. Horn) and the gentleman from Iowa (Mr. Leach) for their hard work on this legislation. I would like to thank John Koskinen for his efforts to help shape the final bill. Because Mr. Koskinen and my colleagues in Congress were able to compromise and work together, the result is a solid piece of legislation which will help the Clinton administration solve the Y2K problem, to at least get a good start towards resolving it. The Clinton Administration has been working hard on the Y2K problem to prevent damage to our economy, and I support this bill because I believe it will help them do that. The legislation contains new provisions that will assist the Small Business Administration in reaching out to small businesses and helping them to solve Y2K problems. It also requires the Secretary of Commerce to develop consumer awareness to inform and educate consumers as to the potential Y2K problem. By educating our consumers and assisting small businesses, this legislation will go a distance towards helping prevent long-term Y2K problems. We have much to do in order to solve Y2K before January 1, 2000. This legislation is a beginning. I thank the Speaker and the Members of Congress for their participation on it.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I am pleased to support the amendment and passage of the Federal Reports Elimination Act of 1998. I want to congratulate Senator McCain and Senator Levin for their hard work and persistence in bringing this bill to the floor. I also commend the chairman and ranking minority member of the Committee on Government Reform and Oversight for the bipartisan spirit with which we address this bill in the House. Mr. Speaker, this is not a glamorous piece of legislation. I suspect it will not be in tomorrow's newspapers. As a matter of fact, when it was announced by the Clerk, I think the gallery was cleared out. But it is a necessary part of our responsibility as legislators. Every Congress, we authorize hundreds of reports. Few of those reports are terminated in the authorizing legislation, and yet we rarely go back and ask which reports are still needed. As a result, each year, hundreds of Federal employees spend thousands of hours writing reports that get sent through Congress to the recycling bin. Many are never opened. Today we are making an effort to end some of that waste and to set free so many of our Federal employees from these kinds of tasks. This legislation has asked the difficult question: Which of the many reports authorized by Congress are still needed? Today, by passing this legislation, we will eliminate almost 200 reports, saving almost $1 million in 1999 and almost a half a million dollars each year thereafter. Mr. Speaker, I urge my colleagues to support this bill. Mr. Speaker, I reserve the balance of my time.

Mr. KUCINICH. Mr. Speaker, I yield myself such time as I may consume. (Mr. KUCINICH asked and was given permission to revise and extend his remarks.)

Mr. KUCINICH. Mr. Speaker, I yield back the balance of my time.

Mr. KUCINICH. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise on behalf of steelworkers in the greater Cleveland area who work at LTV Steel and steelworkers everywhere across this country who realize that this crisis in steel is real. Workers are losing their jobs, plants are in danger of being shut down, but enforcement of our trade laws is not happening. Today we have the opportunity and the duty to ensure our protections for steel are enforced. But this concurrent resolution is weak. What are we afraid of? If not now, when is it appropriate to impose quantitative restrictions on steel imports? If not now, when is it appropriate to raise tariffs? What are we about if we allow our steelworkers to lose their jobs without taking emergency actions to protect them?

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to extend my thanks to Julie Moses, an American Association for the Advancement of Science legislative fellow who has worked diligently in my office for the past year. I am grateful for her outstanding efforts on my behalf. Her invaluable contribution in staffing hearings, writing letters, undertaking legislative research and her particular expertise in space and technology related issues proved that my confidence in her was well placed. I echo the sentiments of my entire staff in expressing that she proved more than capable in the face of this challenging work. The professionalism, determination, and drive that she demonstrated in her time with us is much appreciated. I hope that she learned as much in working with us as we learned from the experience of working with her. I wish to thank her again for being an important part of our collective success. I wish her luck in all her future endeavors.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise to present the findings of a significant, new report on workers' compensation fraud, prepared for the Injured Workers Bar Association. The report finds that allegations of fraud due to false worker's claims are far out of proportion to their occurrence. I ask that my colleagues consider these findings. Worker's Compensation Fraud: The Real Story (Prepared by the Labor Research Association, Greg Tarpinian, executive director) Executive Summary Escalating workers' compensation insurance premiums in the late 1980s and early 1990s set off a series of unsubstantiated charges about widespread claimant fraud as a major cost driver in the workers' compensation system. A number of states passed anti-fraud legislation and began to pursue fraud cases and to collect information about fraud on a serious basis. These efforts have uncovered no evidence to support the charges of widespread claimant fraud and, in fact, have revealed that employer fraud is a far larger drain on the system. The misplaced focus on claimant fraud has created an atmosphere of fear and intimidation for injured workers with legitimate claims. It has also distracted policymakers, law enforcement officials and the public from the real fraud problem in workers' compensation: employer fraud. Dramatic increases in workers' compensation premiums throughout the late 1980's and early 1990's fueled unsubstantiated charges that costs were high in part because workers abused the system, fraudulently collecting benefits for faked injuries or remaining on benefits far longer than their recovery required. The American Insurance Association estimated fraud losses at 10% of the cost of claims paid, or about $3 billion. The National Insurance Crime Bureau doubled the ALA's estimate to $6 billion, even though it was involved in only 99 fraud prosecutions in 1994 and 134 in 1995 nationwide. The Coalition Against Insurance Fraud adopted the AIA's estimate. One insurance company president put the cost of workers' compensation fraud at $30 billion a year. These huge numbers grabbed the attention of the public and policyholders. The presumption in the press and in the state houses was that fraud was rampant and that most workers' compensation fraud was claimant fraud. Since that time, more than half of the states have passed legislation on workers' compensation fraud, with most of the laws directed primarily at claimants. Thirty-three states currently have active workers' compensation insurance fraud units, many of them geared to fighting claimant fraud. In every state, some claimant fraud has been discovered; publicity about these cases has created a deterrent for workers who might contemplate fraudulent claims. But it has also created an atmosphere that Frederick Hill, California analyst for Firemark Research of New Jersey, describes as the ``unwarranted and anecdotal vilification of the work force.'' In its extensive investigation of workers' compensation fraud, the Santa Rosa Press Democrat concluded that, ``The perception that workers are cashing in by faking or exaggerating injuries has created a climate of mistrust in which every person who is injured and files a claim can become the subject of suspicion by insurance adjusters, doctors and industry lawyers.'' Perhaps most importantly, the fixation on claimant fraud has distracted policymakers, enforcement agencies, and the public from growing evidence of the real problem: millions of dollars in employer and provider fraud. Fixation on Claimant Fraud Few experts believe that claimant fraud is a major cost driver in workers' compensation. But some estimates, including those adopted by California Governor Pete Wilson, suggest that fraud accounted for 25% of all employers' workers' compensation costs and 10% of the claims. In California, a wave of legislation in the late 1980s and early 1990s was fueled by allegations from employers that workers' compensation costs were too high and that fraud was rampant in the system. But between 1979 and 1991, insurance carriers in California reported only 532 cases of alleged fraud. According to the Santa Rosa Press Democrat, ``Some insurance companies saw fraud as a way to explain why premiums were soaring, and politicians and the media jumped on the bandwagon.'' The Press Democrat found that, ``While some insurance companies claim one out of three workers lie about their injuries, or 33%, the actual number of fraud cases sent to prosecutors is less than 1 out of 100, or less than 1%. In its estimates of fraud within its own state, Kentucky reversed California's estimate of fraud accounting for 10% of claims and 25% of costs, saying that ``as much as 25% of all workers' compensation claims involve some element of fraud, accounting for 10% of paid premium.'' Kentucky then calculated its own fraud losses as $60 million a year. It noted, however, that ``while the extent of the fraud cannot be quantified, there is no doubt that workers' compensation fraud is in the public eye. Reports of fraud . . . are proliferated by the media.'' High workers' compensation costs led to more anti-fraud efforts. The Arkansas legislature created the Workers' Compensation Fraud Investigation Unit in 1993, in response to then-escalating workers' compensation costs. In its first year of operation, the new Fraud Unit opened 116 investigations, leading to 10 claimant fraud prosecutions and five employer fraud prosecutions, and quickly discovered that the employer cases accounted for a large portion of the dollar value involved. New York's massive 1996 workers' compensation legislation, including its fraud provisions, resulted a directly from employer claims that workers' compensation costs were out of control. New York State Controller H. Carl McCall announced flatly in October of 1997, ``Fraud is a factor in New York's compensation costs.'' A statement from his office made the link between rising costs and the presumption of widespread fraud, stating that, ``In response to the high cost of workers' compensation, reforms aimed at fraud detection and prosecution were enacted in 1996.'' But according to the New York State Insurance Department's annual report on insurance fraud, workers' compensation fraud represented only 3% of all the fraud reports in the state in 1996, the year that the legislation was passed. Of the more than $6 million in insurance fraud documented in the New York report, workers' compensation claimant cases accounted for less than 2%. The report cited cases of pharmacists, physicians, and medical clinics making a total of almost $3 million in fraudulent claims. Three cases of premium embezzlement totaled over half a million dollars. The report cited only five cases of claimant fraud totaling $107,300. Like other states that are pursuing workers' compensation fraud, New York is quickly discovering that the real drain on the system stems from employer and provider fraud. Common Forms of Employer Fraud The best evidence from the states that have pursued fraud and generated detailed records indicates that for every $1 lost in claimant fraud, at least $4 to $5 (and in some states as much as $10) are lost through premium fraud. Premium fraud includes a number of schemes used by employers to reduce the workers' compensation insurance premiums by underreporting payroll, misclassifying employees' occupations and misrepresenting their claims experience. According to the National Council on Compensation, the most common frauds include: Underreporting payroll. Employers reduce their premiums by not reporting parts of the work force, paying workers off the books or creating a companion corporation to hide a portion of the employees. Declaring independent contractors. Employers avoid premium payments for employees by classifying them as independent contractors even though they are legally employees. Misclassifying workers. Employers intentionally misrepresent the work employees do to put them in less hazardous occupational categories and reduce their premiums. Misrepresenting claims experience. Employers hide previous claims by classifying employees as independent contractors or leased employees or creating a new company on paper. Employers deliberately underestimate employment projections at the beginning of the premium year and essentially receive an interest-free loan from the insurance company for the amount that would have been required to insure new employees. In addition to premium fraud, employers often fail to purchase workers' compensation insurance, despite state laws mandating that they do so. There are also reports of employers instructing injured workers to seek treatment under group health insurance than workers' compensation, employers discouraging workers from filing workers' compensation claims and firing workers who file claims. Recognizing the Real Fraud While some states and the media continue to focus on claimant fraud, states that have pursued workers' compensation fraud in a serious way are now concluding that the emphasis on claimant fraud is misplaced, and employer fraud is by far the greater problem. According to Jerry D. Stewart, the bureau chief of workers' compensation/law enforcement operations at the Division of Insurance Fraud in Florida. ``Historically, there has been a common presumption that those committing the most costly type of workers' compensation fraud have been claimants whose actions, such a double-dipping or claims for false injuries, drove up the cost of workers' compensation insurance. While claims fraud is a significant problem in Florida it pales in comparison with the occult type of fraud known as `premium fraud,' where loss estimates range around $400 million. Stewart notes that, ``Premium fraud scams are costly to companies in Florida, causing workers compensation insurance rates to escalate and legitimate companies to lose business because they are less able to compete with companies shirking the system.'' In Florida, the construction industry, the state Workers' Compensation Oversight Board, and the House of Representatives Committee on Financial Services all lobbied for increased enforcement of premium fraud and stiffer penalties for employers. Since 1996, Florida has turned its attention to premium fraud, with dramatic results. Florida now has a special strike force mobilized solely to fight premium fraud. The state prosecutor has also impaneled a statewide grand jury to hear complex insurance fraud schemes such as premium fraud. During the last months of 1997, 11 persons were charged with racketeering and schemes to defraud, which involved $7.5 million in workers' compensation premium fraud losses. In one case, a Palm Beach leasing firm misclassified employees and underreported their payroll, thus avoiding payment of more than $800,000 in workers' compensation insurance premiums. Another case involved underreporting of payroll at a large fruit harvesting company, with fraud charges totaling $3.5 million. Yet another employer in central Florida was charged with defrauding insurers of $2 million while operating one of the state's largest temporary employment agencies. The employer disguised the high-risk nature of the work done by many of the employees, concealed its claims history, prevented insurance companies from conducting audits and lied on applications for workers' compensation insurance. In January of 1998, two Florida insurance executives and their attorney were charged with multiple criminal counts in connection with the $100 million collapse of two insurance companies caused by kickbacks to reduce workers' compensation premiums. Under a state law that took effect in 1994, Wisconsin's Division of Workers' Compensation now collects information and issues annual reports on fraud. In 1994, the division referred to the district attorney five cases of claimant fraud, involving $44,674, out of 73,678 work-related injuries reported for the year. In its 1997 study, the division concluded that, ``There is no evidence that criminally prosecutable fraud is more than one percent of all reported claims in Wisconsin--a far cry from the 20-30% estimates thrown about elsewhere.'' In 1996, there were 152 allegations of workers' compensation claimant fraud made to the division in Wisconsin. Eleven of those were referred to the district attorney, and seven were pursued, with fraud losses valued at total of $175,389. The division found that fraud is involved in six-tenths of one percent of all reportable claims in Wisconsin. A Texas study of workers' compensation fraud conducted by the state's Research and Oversight Council on Workers' Compensation found that, ``In 1996, health care provider fraud was the most expensive type of fraud detected in the Texas workers' compensation system in terms of total dollars lost ($1,200,952), accounting for over eight times the dollar amount of injured worker benefit fraud ($134,351).'' In 1996, only 18 injured worker benefit fraud cases were referred to district attorneys, with an average fraud of $7,464 per case, compared with 46 health care providers, with an average fraud of $26,108 per case. The Texas report found, however, that insurance carriers spent more money investigating injured worker benefit fraud than any other type of workers' compensation fraud. In 1996, Texas insurance carriers spent an average of $1,257 per claimant fraud investigation, compared with $991 per employer premium fraud investigation and $823 per health care provider fraud investigation. In 1996, the nineteen insurers studied spent over $5.5 million investigating workers' compensation fraud in Texas, yet recovered a total of $1,520,179. Of the 4,077 cases of claimant fraud that the carriers investigated, only 18 were referred for criminal prosecution. The report concluded: ``It is clear that more resources should be spent fighting the most expensive and overlooked types of workers compensation fraud: employer premium and health care provider fruad.'' A 1995 law that requires the reporting and investigation of premium fraud has helped to shift the focus in California. ``In terms of dollar costs, there's no question that employer fraud today costs more dollars to carriers and to the industry than employee fraud,'' according to Richard Schultz, a spokesman for the State Compensation Insurance Fund, California's largest compensation insurer. A recent study by the California Department of Industrial Relations and the Employment Development Department (EDD) calculated that 19% of employers--nearly one out of every five--either underreport payroll to EDD or have no workers' compensation insurance. The California Department of Insurance concludes that, ``Losses on premium fraud can and usually do exceed the amount of loss in claimant fraud, and, in some instances, medical mill fraud. For example, in several cases where criminal charges have already been filed, losses due to premium fraud for each case are estimated to be in excess of $5 million. New York's new anti-fraud efforts have dramatically increased arrests for workers' compensation fraud. In 1997, the New York Insurance Department investigated 408 cases of alleged workers' compensation fraud and made 37 arrests, with $900,000 saved by insurance companies and more than $1.2 million in court-ordered restitution. Although New York continues to focus on claimant fraud, its investigations have uncovered premium fraud cases of far greater significance than any of the claimant cases. In one recent case, the comptroller of a trucking company pleaded guilty to mail fraud after he falsified the company's payroll records to defraud the State Insurance Fund of more than $1.2 million in workers' compensation insurance premiums. Massachusetts's largest workers' compensation fraud case for 1997 involved an employer who fraudulently reduced the premiums for his rubbish collection workers by classifying them as clerical workers, hiding payroll and using shell corporations to evade surcharges based on the business's unfavorable prior accident history. The employer concealed more than $1 million in payroll from insurance auditors. Employers also abuse the system when they fail to provide workers' compensation insurance for their employees or take out a policy but then fail to pay the premiums. California is beginning to investigate employers who fail to provide workers' compensation insurance. In March of 1998, California launched a three-part pilot project to match computer databases from various state agencies to identify employers who are illegally uninsured for workers' compensation. According to John C. Duncan, Director of the California Department of Industrial Relations, the project is designed to ``level the playing field for law-abiding insured employers and reduce the taxpayer burden created by those who are not.'' California's Commission on Health and Safety and Workers' Compensation 1997 report concludes that, ``Especially in industries with high premium rates, the illegally uninsured employer is able to underbid the insured employer. Insured employers are again disadvantaged when taxes are raised to cover costs shifted to government services to assist the injured workers of employers who are illegally uninsured.'' Several other states, including Wisconsin and Colorado, are also using proactive programs to identify uninsured employers using computerized lists of employers and workers' compensation politics. In New York, a 1997 audit by the state comptroller's office revealed that employers owe more than $500 million in overdue unpaid workers' compensation insurance premiums to the State Insurance Fund. Failure to secure workers' compensation insurance is only a misdemeanor offense in New York. In West Virginia, the state has been forced to initiate a series of lawsuits to force payment of more than $100 million in unpaid workers' compensation premiums. Medical Provider Fraud Workers' compensation fraud also occurs among medical providers. These forms of fraud evolve as the nature of medical care changes over time. Outright fraud occurs when providers bill for treatments that never occurred or were blatantly unnecessary. Some of the newer forms of medical provider fraud include kickbacks from specialists and other treatment providers to referring physicians, and provider upcoding, where provider charges exceed the scheduled amount. Providers also shift from the less expensive, all-inclusive patient report to supplemental reports, which add evaluations and incur separate charges. Medical provider schemes include: creative billing--billing for services not performed; self-referrals--medical providers who inappropriately refer a patient to a clinic or laboratory in which the provider has an interest; upcoding--billing for a more expensive treatment than the one performed; unbundling--performing a single service but billing it as a series of separate procedures; product switching--a pharmacy or other provider bills for one type of product but dispenses a cheaper version, such as a generic drug. Newer forms of fraud and abuse occurring under managed care arrangements include: underutilization--doctors receiving a fixed fee per patient may not provide a sufficient level of treatment; overutilization--unnecessary treatments or tests given to justify higher patient fees in a new contract year; kickbacks--incentives for patient referrals; internal fraud-- providers collude with the medical plan or insurance company to defraud the employer through a number of schemes. According to the National Council on Compensation, ``The increased use of managed care for workers' compensation, as well as for other insurance lines, is bringing new twists to old schemes,'' Managed care creates more opportunities for fraud because of the financial relationships and incentives between players. Although the campaign against California medical mills wiped out a substantial part of medical provider abuse in that state, new cases continue to emerge. In October of 1997, for example, a pharmacist plead guilty to 21 counts of fraudulent workers' compensation insurance billing. The pharmacist increased his revenues by up to 500% per prescription on more than $600,000 of drugs sold over a four year period. Insult Added to Injury Because of the assumption of widespread claimant fraud, injured workers who file a workers' compensation claim may be subjected to insulting questions and treated as malingerers and cheats. Under the auspices of ``fraud prevention,'' they may face endless questioning and unnecessary medical examinations. They may be subjected to constant video surveillance by private investors hired to follow their every move. Their employer may refuse to provide light duty work, or take retaliatory actions against them when they return to work. If they look for another job, their application may be screened for prior workers' compensation claims. Although some of these tactics are used in legitimate attempts to investigate questionable claims, they have also become part of a broad employer attempt to intimidate workers from filing workers' compensation claims. Under the pretext of controlling what has been falsely presented as rampant claimant fraud, injured workers are discouraged form exercising their legitimate rights to workers' compensation benefits. As a recent Michigan study demonstrated, the real problem in workers' compensation is not that too many workers claim benefits, but that too few do so. The study, sponsored by the National Institute for Safety and Health, found that only one in four workers with occupational diseases file for workers' compensation. Unsubstantiated charges of rampant claimant fraud undermine public confidence in the system and discourage legitimately injured workers from seeking the benefits they need and deserve. In California, a detailed investigation by state auditors found that ``workers' compensation insurers violated workers' rights in about half the claims it audited.'' The violations included ``unacceptably high amounts'' of unpaid benefits, late payments, inaccurate benefit notices and failure to notify injured workers of their rights. In describing the experience of many workers' compensation claimants. The Santa Rosa Press Democrat found that many injured workers slam into a wall of suspicion and distrust that will paralyze them with shame and frustration and delay their recovery. One of the injured workers interviewed by the newspaper commented: ``You get the feeling that even though you have a legitimate complaint and a six-inch scar, you're somehow a malingerer.'' The grossly overstated estimates of claimant fraud have not only subjected injured workers with legitimate claims to fear and intimidation, but have also obscured a more serious look at the workers' compensation system and the benefits it provides. The real question is not why there is so much claimant fraud, but why there is so little. In most states, workers' compensation benefits provide little more than poverty-level existence. Workers often wait weeks and months for payments. Many employers refuse to provide light duty or alternative jobs for workers who might be able to go back to work in a modified capacity while they continue to recover, so workers are forced to continue on inadequate benefit payments even though they may be able to work in some capacity. Some injured workers lose their jobs or are only offered positions at much lower pay. It is little wonder that so many claimant fraud cases involve workers illegally continuing to accept benefits when they are in fact working at another establishment. Too many times, inadequate benefits put people in desperate straits, and they take desperate measures as a result. A system that leaves people in poverty invites abuse. The presumption of widespread malingering and dishonesty undercuts any meaningful discussion of the adequacy of benefits and provides a convenient response for those opposed to the benefit increases that are so critically needed in many states. Until the misplaced focus on claimant fraud is overcome, district attorneys will continue to fry the small fish while the big fish go free, and the voting public will remain distracted by anecdotes.

Mr. KUCINICH

Mr. KUCINICH. So, therefore, I rise in favor of the privileged motion for H. Con. Resolution 328. I ask the Chair to grant the privileged motion. Otherwise I ask Members to vote for a motion to appeal a ruling of the Chair and vote for H. Con. Resolution 328. It is important that we stand up for America and stand up for American steel.

Mr. KUCINICH. Mr. Speaker, I rise in favor of a privileged motion for H. Con. Resolution 328 which provides Congress with an opportunity to protect the American steel worker and the American steel industry. I am in concurrence with previous speakers who cited the Constitution of the United States with respect to Congress' ability to protect commerce in this country and to protect the jobs of the people whom we serve. Mr. Speaker, I think that we are here as a Congress to say that Congress needs to take action on the crisis posed by cheap subsidized steel imports from developing countries that are trying to earn foreign exchange to repay their own onerous debts. American steel is under siege, and we need to stand up for American steel and for American jobs.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to extend my best wishes to Cleveland Central Catholic High School (CCC) in Celebrating its 30th anniversary. From its opening in 1969, it has continuously honored its mission to provide an innovative educational opportunity to the students of the greater Cleveland area. The brainchild of Rev. John L. Fiala, this high school originated as a merger of four deeply rooted neighborhood Catholic high schools, Saint John Cantius, Saint Stanislaus, Our Lady of Lourdes and Saint Michael. His hard work resulted in a campus where each building retained its own identity while changing its educational curriculum to fit the plan of the merger. The buildings were renovated to house many structural changes, with labs and specialty rooms on each campus. Reverend Fiala fashioned an affordable high school experience for the 1,600 students who attended Cleveland Central Catholic while providing them with excellent faculty and staff. Once the merger was established, the school began to expand and improve its programs, becoming a forerunner in education. It initiated the first State approved 3-year program in Ohio and instituted block scheduling, a concept that has been heralded to catapult education into the year 2000. Much of the school's success has occurred due to the unconditional support from the CCC Parents Club, the Booster Club, and the ongoing dedication of the faculty. Even though the academics have focused toward a more traditional role at CCC, there have been a number of evident changes. Advances in technology have brought the installation of computer labs and extensive staff training, access to the Internet, a video-conferencing lab, and integrated math and post secondary option programs. My fellow colleagues, please join me in celebrating the 30th anniversary of Cleveland Central Catholic High School. This institution provides a needed stability for the students who come through its doors. It has remained a unique educational experience that is sure to become even better in years to come.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to honor Michael Marcellino. Michael Marcellino served as a United States Army combat correspondent in the Vietnam War from 1967 to 1968. After his honorable discharge from the service, he worked for 13 years as a newspaper reporter in Northeast Ohio with the Painesville Telegraph and the Sun Newspapers. While at Sun Newspapers, Marcellino received two national awards for excellence in reporting--the Suburban Newspapers of America Award for Investigative Journalism and the national Newspaper Association's Community Service Award. His reporting included Veterans' affairs, government and politics. From 1983-1987, Marcellino served on the Cleveland staff of Congressman Louis Stokes. As Community Relations Specialist, his work included advocacy for community, veterans and human rights issues. He was appointed Press Secretary to Mayor-elect Michael R. White in 1989. During nearly nine years with the White Administration, Marcellino also served as Liaison for Veterans and Military Affairs to Mayor White and Manager of Marketing for the City of Cleveland's Department of Public Utilities. Marcellino is presently a writer and public relations consultant. He is a founding board member of the Greater Cleveland Veterans Business Resource Council and a member of the Veterans of Foreign Wars and the American Legion. He attended Cleveland and Parma Public Schools and Wake Forest University. Marcellino and his wife, Laurie, a restaurant owner, have three children, Sean, Rachael, and Ari.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, as the cochair of the Baltic Caucus, a position which I proudly serve with the gentleman from Illinois (Mr. Shimkus), I am here today to speak about Resolution 320. I had the privilege of being present with Mr. Shimkus and others at the signing of the U.S.-Baltic agreement which took place last winter at the White House, to meet with the Presidents of those countries and to share with them our concern that this fledgling freedom which all were feeling would have a chance to be able to grow and to prosper. This resolution is an important part of it. The resolution's purpose is to express the sense of Congress that we support the Baltic people of Estonia, Latvia and Lithuania and that we condemn the Nazi-Soviet Pact of Non-Aggression of August 23, 1939. This pact of non-aggression, otherwise known as the Molotov-Ribbentrop Pact, was a pivotal time in Baltic history. Part of this treaty that was not published at this time stated, and I quote from it, Mr. Speaker: In the event of a territorial and political rearrangement in the areas belonging to the Baltic States: Finland, Estonia, Latvia and Lithuania, the northern boundary of Lithuania shall represent the boundary of the spheres of influence of Germany and the USSR. This pact, in effect, resulted in the annexation of the Baltic States by the USSR. In 1940 the Soviet Army illegally invaded Lithuania, Latvia and Estonia. It is no wonder then that the Baltic Republics played a vital role in dismantling the Soviet Union. Opposition groups in all three Baltic States became popular movements calling for national independence. These popular movements culminated with the Baltic Way demonstration on August 23, 1989, exactly 50 years after the Molotov- Ribbentrop Pact was signed. Nearly 2 million people formed a human chain stretching from Tallinn through Riga to Vilnius to protest the illegal pact and to question the legitimacy of the Soviet role. In August 1991, all three of the Baltic States declared their full independence following the official recognition of the independence of all three Baltic States by many Western countries. Moscow decided to acknowledge their sovereignty on September 4, 1991. Within 3 months the Soviet Union would no longer exist. Recently, Russian leaders have stated that any territory formerly part of the Soviet sphere should still be considered under the Russian sphere of influence. This resolution, if passed by the United States Congress, would send a clear signal to Russian leaders that they should renounce the Molotov-Ribbentrop Pact and relinquish its grip on nations that never agreed to be part of the Soviet Union and certainly do not consider themselves to be part of the Russian sphere of influence. I ask my colleagues to vote for this important Baltic resolution to support the people of Latvia, Lithuania and Estonia and to support their quest for the growth of freedom and to support the continuation of democracy all around the world.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today to extend my best wishes to Saint Vincent de Paul Parish of Cleveland, Ohio. For 75 years, this parish has served as a spiritual refuge, opening its doors to any soul in search of peace. Saint Vincent de Paul originated in 1922 when a group of people living on the outskirts of Cleveland petitioned Bishop Schrembs to recognize and act on their need to have a parish. Under the leadership of Father Michael Flanigan, the parish community grew rapidly causing a need to build a church. By 1924, the basic outlines of Saint Vincent de Paul included a church for worship, as well as a school which educated 340 children. The Great Depression greatly affected the parish by halting its rapid expansion, but also leading many of its young men and women to enter the Lord's service. When the depression ended, the membership continued to grow, resulting in overcrowding of the school. To allow for this rapid growth, the Bishop decided to build several parishes to fill the need of Catholics to worship, making Saint Vincent de Paul the mother parish of all the others. Throughout the 1970s and 1980s, the parish experienced many changes, including several ordinations to the priesthood, renovations to the church, and a number of staffing changes that demonstrated an impressive level of dedication and commitment. My fellow colleagues, please join me in celebrating the 75th anniversary of Saint Vincent de Paul. The parish has a strong sense of community and a proud heritage to guide it into the future.

Mr. KUCINICH

Mr. KUCINICH. Mr. Speaker, I rise today not on behalf of Democrats or Republicans, but as an American who is deeply concerned that our country bring closure to the charges against the President. A vote for an inquiry is not the same as a vote for impeachment. This vote is neither a vote to impeach nor a license to conduct a partisan witchhunt. In fact, some have called for impeachment without a hearing. Some have called for resignation without a hearing. Some have called for exoneration without a hearing. I believe there will be no resolution without an open hearing. There will be no accountability without an open hearing. There will be no closure for this country, for this Congress, or for our president, without an open hearing. The Nation is divided. The House is divided. A House divided against itself will not stand, so if inquire we must, let us do it fairly, and in the words of Lincoln, with malice towards none, with charity towards all, because there will be an inquiry. The American people expect it to proceed fairly, expeditiously, and then they expect it to end. The people want us to get this over with, and they will be watching. Let the President make his case. Give him a chance to clear his name and get back to his job. Bring everything out in the open. Bring forward the accusers and subject them to the light of day, settle this, and then move forward to do the business of the people, the business for which the people elected us: to further economic growth, to protect social security, to improve health care, and to meet all the other pressing needs of the American people.