Frank LoBiondo

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I have the privilege of welcoming to the Chamber this morning Rev. Dr. Daniel R. Leslie. I want to take this time to thank him for initiating today's proceedings as guest Chaplain. I first met Dr. Leslie when he and his family moved to Vineland, NJ, nearly 7 years ago. Dr. Leslie was called to serve as pastor of the Lutheran Church of the Redeemer in my hometown of Vineland, NJ. Redeemer has been involved in ministry to the greater Vineland area for more than 72 years and I was pleased to participate in its 70th anniversary festivities just 2 years ago. In addition to Redeemer's ongoing spiritual ministry among members and family, the congregation is active in its involvement with three community outreach ministries. Dr. Leslie serves on the boards of all three. Luther Acres is a 100-unit, low-income housing facility for senior citizens. Little Acres Learning Center provides education and day care for 200 children each day. Together with three other Vineland congregations, Redeemer sponsors the Vineland Regional Counseling Service which provides family and individual therapy to those in the community with emotional and mental distress. Dr. Leslie also tirelessly contributes his time to important community organizations and services. He is vice president of the Vineland Ministerial Fellowship which is made up of local churches and a synagogue. The ministerium sponsors numerous programs to feed the hungry, house the homeless, advocate justice for the needy, and provide special times during the year for the people of Vineland to gather and worship God. As a matter of fact, I worship with Dr. Leslie at the communitywide Thanksgiving service each year in Vineland. Dr. Leslie is also on the Board of Directors at the Vineland YMCA and a fellow Rotarian. Dr. Leslie is joined today by his wife, Bonnie, a math teacher at Vineland High School, and their daughters, Jennifer and Laura, who will be a freshman at Bucknell University this fall. Their son, Dan, attends medical school. Thank you, Mr. Speaker, for giving me the opportunity to welcome Dr. Leslie to the House this morning.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, Atlantic Electric, a utility serving residents in the Second District, sponsors an outstanding program to assist teenagers in Cumberland County. For its role in this effort-- called the Peer Group Connection program--Atlantic Electric was honored with a Special Distinction Award for Educational Partnerships from the Edison Electric Institute [EEI]. Ms. Fern Mills, manager of community relations for Atlantic Electric, was recently in Washington to receive the award from EEI president Thomas R. Kuhn. The Peer Group Connection program is a partnership effort between Atlantic Electric, Cumberland Regional High School, and community members of Cumberland County. It seeks to address difficulties in transition between elementary and secondary school through effective use of peer influence. The program seeks to build safe, responsive communities in which ethnic, racial, and cultural differences are respected. In making the presentation during a Capitol Hill ceremony, Mr. Kuhn said: Recognizing that helping teenagers helps society, Atlantic Electric joined other leading Cumberland County, New Jersey businesses in starting the Peer Group Connection, as a support group for high school students coping with the pressures of growing up. Results show higher grades, fewer absences, and a more positive attitude toward school. To Atlantic Electric and others involved in the educational partnerships, I say congratulations--keep up the good work.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I introduce legislation to provide for a Medicare prospective payment system [PPS] for inpatient rehabilitation hospital and rehabilitation unit services. Prior to 1983, the Medicare Act paid hospitals the reasonable cost of treating Medicare patients. Generally, this meant that the more a hospital spent, the more it was paid from the Medicare Trust Fund. The result was a rapid rate of increase in Medicare spending for hospitalization. In 1983, this system was replaced with a Prospective Payment System under which hospitals were paid fixed rates for various types of diagnostic groups, commonly known as DRG's. Certain providers of care were exempted from this system because a way to appropriately group their patients did not exist. Among these were rehabilitation hospitals and rehabilitation units in general hospitals. These continued to be reimbursed based on costs incurred, but subject to limits on payment per discharge. These limits are imposed under the Tax Equity and Fiscal Responsibility Act of 1982, and commonly known as TEFRA limits. TEFRA limits were to be a short-term expedient to reduce the rate of increase in hospital payments. TEFRA limits are based on Medicare operating cost of a hospital or unit in an assigned base year divided by the number of Medicare discharges in that year. This value is updated annually by an update factor, which is intended to reflect inflation. A hospital's or unit's ceiling on Medicare reimbursement is the TEFRA limit for a given year times the number of its Medicare discharges in that period, the TEFRA ceiling. For cost reporting periods beginning on and after October 11, 1991 the Medicare Program reimburses a portion of a provider's cost over its TEFRA ceiling in an amount which is the lower of 50 percent of cost over the ceiling or 10 percent of the ceiling. Provision for such payment was made by the Omnibus Budget Reconciliation Act of 1990 [OBRA 90]. If a provider's costs are less than its TEFRA ceiling, the provider is paid an incentive payment equal to the lower of 50 percent of the difference between its Medicare operating costs and its TEFRA ceiling or 5 percent of that ceiling. When this system was adopted, it was assumed that it would be in place only a short time and then be replaced with a PPS for excluded hospitals and units. New hospitals and units coming on line after the TEFRA system was in place were in a much better position than older facilities, simply because their more current base years included more contemporary wage rates and other operating costs. This now very old temporary system is flawed for the following reasons: Medicare pays widely varying amounts for similar services, producing serious inequities among competing institutions. New hospitals and units can establish limits based on contemporary wage levels and otherwise achieve much higher limits than older hospitals, putting them at a great advantage. By treating all rehabilitation discharges as having the same financial value, the TEFRA system provides a strong incentive to admit and treat short-stay, less complex cases and to avoid long-stay, more disabled beneficiaries. This is not a good policy for Medicare to continue to support. Because any change in services that will increase average length of stay or intensity of services will likely result in cost over a TEFRA limit, the system inhibits the development of new programs. This is also not a good direction and does not encourage implementation of current practices. The process for administrative adjustment of limits does not provide a remedy because it is not timely. HCFA does not decide cases within the 180-day period required by law and does not recognize many legitimate costs. The very strong incentive to develop new rehabilitation hospitals and units has resulted in an increase in the number of rehabilitation hospitals and units. PROPAC reports that in 1985 there were 545 such hospitals and units. In 1995 there were 1,019. Between 1990 and 1994 Medicare payments to such facilities increased from $1.9 to $3.7 billion. Some of this increase reflects the lack of needed service capacity in 1983. At the same time, many older facilities had and have to live with very low limits of Medicare reimbursement and were paid less than the cost of operation, while new facilities were being paid much higher cost reimbursement and bonuses as well. It is hard to imagine a worse system. The clear solution to this situation is to introduce a prospective payment system for rehabilitation facilities under which providers are paid similar amounts for similar services and payments are scaled to the duration and intensity of services required by patients. Such a system has been devised by a research team at the University of Pennsylvania. It is based on the functional abilities of patients receiving rehabilitation services. It is now being used by the RAND Corp., under contract with the Health Care Financing Administration, to design a payment system. This work is to be completed before the end of 1996. My bill would require that a PPS for rehabilitation be implemented by the Secretary of HHS for Medicare cost reporting years beginning on and after October 1, 1997. This date would allow adequate time to adopt regulations and administrative procedures. And my bill requires that this payment system is budget neutral. Enactment of this bill would have multiple benefits. It would benefit patients by removing the implied financial penalty for treating severely disabled patients; it would benefit providers of services by putting all rehabilitation facilities on a level playing field; and it would benefit the Medicare trust fund by eliminating the enormous incentive in present law to duplicate service capacity. I look forward to support from my colleagues in passing this important legislation.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I would like to engage the distinguished chairman of the subcommittee, the gentleman from Virginia [Wolf] in a colloquy. Mr. Chairman, there is currently a provision in the bill which could allow the United States Coast Guard to sell property in Wildwood, NJ, currently used for the Electronic Engineering Center. This would be devastating for Wildwood, because the property represents one of the last remaining undeveloped areas of natural coastline in southern New Jersey and maybe in the entire State and is very environmentally sensitive. My community is very upset about even the potential of the Coast Guard selling this property. I understand it was proposed by the Coast Guard merely in order for them to help meet their budget targets. While I understand that the Coast Guard has budget concerns, I am committed to finding a solution which is acceptable to the community as a whole and protects the normal government service administration real property disposal procedure, which offers the property to other Federal agencies first and is environmentally sound.

Mr. LoBIONDO. I know the location well. I thank the gentleman, Mr. Chairman, for the assurance to do what is necessary to correct this problem. I look forward to working with the gentleman on this matter in a way which addresses the serious concerns of my constituents.

Mr. LoBIONDO. I yield to the gentleman from Virginia.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I rise in strong support of the Schumer- Royce amendment to cut the $90 million appropriated from the Market Access Program, formerly the Market Promotion Program. Last July, I cosponsored the Zimmer-Schumer amendment to defund this program, and although the program has a new name, it is still a misuse of taxpayer dollars. The essence of the Market Promotion Program has not changed. In fact, this is the second name change this program has undergone--it began its life as the Targeted Export Assistance Program. It's still a giveaway, and it's still unfair to taxpayers and to other businesses trying to compete abroad. Mr. Chairman, this is not a loan program. This program is a giveaway to U.S. businesses, which use public money to advertise their goods abroad. There are other export assistance programs available to U.S. businesses. This program is uniquely flawed. Termination of this program is supported by the GAO, the CBO, the Grace Commission, Citizens Against Government Waste, and the National Taxpayers Union. As far as I'm aware, these organizations did not recommend simply renaming the program; they believe it is corporate welfare and support its elimination. Let's save $90 million.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I rise today in strong support of this rule and H.R. 2406, the United States Housing Act of 1996. As a member of the Banking Committee, I have seen the hard work of Chairman Lazio over the past several months and I believe that he is bringing a very good bill to the floor today. H.R. 2406 will repeal the long since outdated Housing Act of 1937. This Depression-era legislation has been altered over the years to the point that local governments and local housing authorities have very little flexibility in meeting the housing needs of their own communities. H.R. 2406 will abandon the notion that HUD should micromanage every aspect of public housing through one-size-fits-all regulations. With this legislation we will return the power to local communities. This bill rewards good housing authorities with less Federal regulation and helps those already good public housing authorities to better serve the needs of low-income families at a lower cost to the taxpayer. Just as we are rewarding good operations, H.R. 2406 inflicts severe punishments on those authorities that have failed the American public year after year. This bill provides the tools to end these embarrassments that have wasted so many taxpayer dollars without helping those of our society who are in need. Mr. Speaker, I commend Chairman Lazio for his work on this legislation and for his vision. With these reforms, I believe we will see the creation of neighborhoods and communities of which we all can be proud. I strongly urge my colleagues to vote in favor of this rule and in favor of H.R. 2406.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I come to the floor today as a proud cosponsor of the Paperwork Elimination Act. I commend the gentleman from Massachusetts [Mr. Torkildsen] for introducing this legislation and the gentlewoman from Kansas [Mrs. Meyers], chairwoman, for her role in bringing this to the floor. Last year we passed the Paperwork Reduction Act. Now we are going to pass the Paperwork Elimination Act to further improve agency efficiency and responsiveness to the public. This bill recommends that our country's small businesses and Federal agencies move into the electronic information age. Some small businesses are required to file forms with up to 50 different Federal, State and local agencies. This is absolutely incredible when you think about it. I believe that more of their time should be spent concentrating on providing quality goods and services to their customers. I believe this is an important piece of legislation for small businesses in my own district in southern New Jersey, as well as for small businesses around the country. It provides small business owners with a more efficient and effective means to quickly complete agency requirements, thereby allowing them to get on with growing and improving their small businesses. Mr. Chairman, before serving in Congress, I spent my time in a small business, in a small family business in southern New Jersey. Along with my father and my brother and some other family members, we struggled with some of the very problems that we are attempting to address today. I witnessed year after year where the requirements just seemed to grow more and more on what we were expected to provide back in the form of paperwork. Now, as it was stated before, this will not be an answer to the entire problem, but it is certainly a step in the right direction, because for the district that I represent in southern New Jersey that has so many small businesses that are trying to make ends meet, that are trying to do the right thing to provide jobs, this will give them an opportunity to see a small glimmer of hope. I try, as I am sure my colleagues do, to attend as many business and Chamber meetings as I can when home on district work periods. This is something that I hear over and over again: Will you please put a human face on what you are doing in Washington and understand the implications of the decisions you make on those of us who live in the real world? Mr. Chairman, in that real world, the paperwork requirements are a tremendous problem. It is one we are beginning to recognize today, and I am very proud that we will have the opportunity to move this forward. So again, I am asking all my colleagues to yet again demonstrate our commitment, the commitment of this Congress, to easing the regulatory burden on American small businesses by supporting this Paperwork Elimination Act.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I rise in support of the Coastal Zone Protection Act. This legislation reauthorizes the Coastal Zone Management Act, established by Congress in 1972. Intense use of the coastal zone-- defined as the coastal waters and adjacent shorelands--has significant impacts on water quality, the abundance of wildlife, coastal ecosystems, and shoreline erosion. Over 60 percent of all Americans live within 50 miles of the Atlantic, Pacific and Great Lakes coasts, and this population is expected to grow by 15 percent in the next 20 years. As such, it is important to have protective measures in place for the fragile coastal ecosystem. I support this bill and urge all Members to vote ``aye.''

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I commend to my colleagues and all Americans the following letter I received from Vincent E. Pellegrino, Adjutant of the Veterans of Foreign Wars Post 386 in Cape May, NJ. Patriotism is indeed alive and well in America. Veterans of Foreign Wars of the U.S., Cape May, NJ, April 1, 1996. Congressman Frank LoBiondo, Cannon House Office, Washington, DC. Dear Congressman LoBiondo: On Sunday, March 24, 1996, we both attended the Fiftieth Anniversary celebration of the Veterans of Foreign War Petrella, Repici, Caprionini, Champion Post 6257 in Belle Plain, New Jersey. The celebration was also attended by many veterans groups from the surrounding area, as well as the Gold Star Parents of Leland Champion, Jr., one of the veterans for whom this post is named. I only wish that all of your colleagues in Congress could have been with us, to hear a very patriotic and emotional speech given by Commander Frank DiLorenzo, a veteran and Commander of Post 6257 in Belle Plain, N.J. Commander DiLorenzo pointed out that it is no longer fashionable to salute or respect the flag of the United States, our greatest symbol of freedom. He also reminded us that Congress had refused to pass a law making it a crime to deface or destroy the American Flag. As a veteran of World War II who served in the European theatre, I sometimes become discouraged at the direction this country is going. It appears that our Democratic system has failed, with high crime rates in our cities, failure of our children to be properly educated, families struggling to survive, high taxes, corruption in government, and a political system that appears to be in chaos. These concerns are also shared by many of my fellow veterans. We sometimes wonder if the sacrifices that were made in World War II, Korea, Vietnam, Lebanon, Somalia and Desert Storm are appreciated by our fellow Americans. On Sunday, March 24, 1996, my faith in our Democratic way of life was restored, after listening to the speech given by Commander DiLorenzo. I know that he and many other Frank DiLorenzos throughout this country will continue to carry the message that patriotism is still alive in America. I was also encouraged as we paraded through the streets of Belle Plain, N.J. to see American flags displayed on every home along our parade route. Belle Plain, N.J. is a small rural community and during World War II had approximately two hundred residents. Twenty five men enlisted in the service and in 1944, Belle Plain, N.J. was notified that four of their young men, Joseph Petrella, Frank Repici, Thomas Caprioni, and Leland Champion, Jr. were killed in action. This is a close knit community where patriotism and family values are high. Congressman LoBiondo, there are many communities like Belle Plain, N.J. in this country and my faith in the American system has been renewed. I know that you are able to make a one minute speech in Congress before the regular session begins. Please give your fellow Congressmen the message conveyed by Commander DiLorenzo, that patriotism still lives in America. Let them know that the sacrifices made by the residents in Belle Plain, N.J. through the four veterans Corporal Joseph Petrella, Private 1st Class Frank Repici, Private 1st Class Thomas Caprioni, and Staff Sergeant Leland Champion, Jr., who gave their lives for their country were not in vain. God Bless Our Flag. God Bless America. Very truly yours, Vincent E. Pellegrino, Adjutant.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I rise in strong support of the Pombo amendment to create a 3-year agriculture guestworker program. Mr. Chairman, by all accounts the current guestworker program needs to be reformed because it is not working for farmers or for guestworkers. And it is clear that this immigration bill will reduce the number of foreign workers available to farmers. As the Agriculture Committee Report on the Pombo amendment states, ``Without an adequate guestworker program, illegal immigrants fill the void. The Department of Labor estimates that 25 percent of the 1.6 million agricultural workers are illegal aliens.'' Let me repeat: Without an adequate guestworker program, illegal immigrants fill the void. The new H-2B program created by the Pombo amendment will fix the problems with the current program and help eliminate the use of illegal aliens in agriculture. And by requiring growers to hire U.S. citizens if they are available, this program will not displace American jobs. Some opponents have characterized this amendment as nothing but a benefit to agri-business. This is simply not the case. I represent numerous family growers with small farms in southern New Jersey. These growers depend on short-term labor, but the present program is difficult and cumbersome to use. The small, family growers in southern New Jersey and around the country need a new guestworker program. Mr. Chairman, let's not pretend we are cracking down on illegal immigration by opposing the Pombo amendment. This amendment will help to reduce the number of illegal farm workers by creating a workable program for Americas farmers.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I rise as a member of the recently formed Congressional Caucus on Hellenic Issues to recognize Greek Independence Day. This is a day to honor the sacrifices made by the Greek people over hundreds of years in their struggle against the oppressive rule of the Ottoman Empire. The victory of the Greek revolutionaries is particularly important for Members of this body which is one of the greatest institutions of democracy ever created on Earth. The foundation of our country stems directly from the advances in philosophy and law established by the ancient Greeks. Aristotle taught us that: [c]learly then a state is not a mere society, having a common place, established for the prevention of crime and for the sake of trade. These are conditions without which a state cannot exist; but all of them together do not constitute a state, which is a community of families and aggregations of families in well-being for the sake of a perfect and self- sufficing life * * *. And the state is a union of families and villages in a perfect and self-sufficing life, by which we mean a happy and honorable life. This is the tradition that has been given to the people of the United States of America by the people of Greece to whom we shall be forever grateful. The ties that bind America to Greece are not only historical, but also modern. Americans have fought side by side with Greeks in two World Wars as well as in the Persian Gulf war. Today, Greece is our invaluable ally in the North Atlantic Treaty Organization. We must continue to nurture the relationship between our two nations. We must lend our support to our Greek allies in their continuing conflicts with Turkey. A resolution to this long standing problem must be a focus of American foreign policy and I would urge President Clinton and others in the administration to work to ensure the protection of Greeks in Turkey and Cyprus. Mr. Speaker, in closing I would ask all Members of the House to join with me in honoring the historical ties between the United States and Greece and in continuing to foster the close relationship between our two countries that has proved so successful.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I proudly represent the Second District of New Jersey, which includes Atlantic City and the casino industry in Atlantic City. New Jersey also has a State lottery and racing and other types of legalized betting. In turn, New Jersey is able to provide programs for senior citizens, programs for the disabled and programs for schoolchildren that would not be there if it were not for this source of revenue. Mr. Speaker, this is not an area for the Federal Government to get involved in. It is an area that has been run by the States. It is an area that has been based on the approval by the people of those States. Gaming includes a wide variety of activities in States. It involves racing, lottery, sports betting, charitable gaming, and the casino industry. I would like to at least suggest that this study be completed by those involved in the industry at the State and local level, those who know it best, and that its results be shared with States and local governments, and that if Federal issues are to be examined, that the agenda should focus on Indian gaming and gaming on the Internet. I can tell you, Mr. Speaker, what this study is going to find. It is going to find that there were a lot of jobs that were created because of the industry, good-paying jobs, with good benefits. It is going to find that has been a reduction in the welfare roles because people have been put to work. It is going to find a highly regulated industry that is extremely well run. It is going to find that services provided to the elderly and disabled would not have been there if this industry would not be allowed to flourish, and it is also going to find that educational funds for our children have been enhanced because of the revenues that they receive from the gaming industry. Mr. Speaker, I strongly urge a ``no'' vote on this bill.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I commend to my colleagues an excellent editorial which appeared in the January issue of the Township of Hamilton Veterans Bulletin. As our Nation embarks on yet another military mission overseas, we should all keep the following points in mind. Pearl Harbor '41, Bosnia '95 (By John Hein) This is the last of the 50th Anniversary Celebrations of World War II and the 54th remembrance of Pearl Harbor. December 7, 1941, is a day etched in my politically incorrect memory with the hope that this day will forever live in infamy. Veterans are often guilty of tell the adventures of the war as the fun of youth. Our minds forbid us to recall we were bit players in massive tableaus of horror. Let's tell our children and grandchildren that our war stories are not grand heroic adventures. Accordingly, I take this opportunity to warn of this nation's neglect of three bitter history lessons. They are: Our failure to prepare, our nation's unity during WWII, and our responsibilities after WWII. Today, we teeter on the brink of a similar disastrous day. We plan to risk the blood of our sons, daughters, grandsons and granddaughters for peace in Bosnia? First, in WWII and Korea, unprepared we sacrificed young people to buy time. Pearl Harbor and Bataan were such sacrifices. Unprepared heroes saved the Pusan perimeter. Our WWII bazookas were no match for North Korea's tanks. In Vietnam our troops had to fight a new type of war. Since Generals prepare for the last war, have we trained our armed forces for peacekeeping and nation building? I shudder when young men shout happily when told they will create peace by force of arms. Peace by standing between armed forces while arming one at the expense of the other. I doubt these young men are ready for the realities of war. Second, before we go to war, our forces in the field need our resources, and our government. However, even more, they need the hearts of their countrymen. War is not a television side show. It involves life and death for real people with feelings and families. We must not permit the spin doctors, or the Jane Fondas, to shift the blame for Bosnia's war to the warriors. However, this media shift has begun. A recent Brinkley show (Ms. Roberts) and a CNN & Company guest stated, ``Since this is an all volunteer army, what's wrong in letting them fight?'' I'll tell you. Today, our voluntary armed services consist of those who joined for education benefits, to learn leadership or to learn work skills, and patriots, they are our best, our brightest and our bravest. The sons and daughters of those who can afford these benefits without joining the services are not part of today's armed, volunteer services. Thus, the ``talking heads'' advocate putting those ``volunteers'' in harm's way. Our service people are your, or your neighbor's, sons and daughters. Remember, those who would dodge a draft won't protest for those who go to Bosnia. Further, isn't our government's prime duty to ``provide for the common defense?'' Does the military oath permit our nation's defenders to act as mercanaries? Our Constitution doesn't say we will send our troops to enforce ``peace'' or build new nations. If we want a mercenary army, let's change their oath. Let's drop the part that says to uphold and defend the Constitution of the United States. After Bosnia, will this nation have a future? Who, in their right mind, would counsel their sons and daughters to enter such a military service? Who will protect our country when our government wastes our sons and daughters so recklessly? When they use their blood trying to build foreign nations and keep the peace in foreign lands by force of arms. The U.N. has had 39 peacekeeping operations that involved fatalities. The U.S. is in 3 of the 13 still operating. Were Somalia or Haiti successful uses or our military, or money? Do you remember the 263 Marines in Beirut? Was Iraq worth the risk? Third, after any war, as a nation we must know the cost and should honor our debts. After WWII, we funded the Marshall Plan--aid to the nations suffering the ravages of war. This was not intervention in their affairs. That should be the model for aiding foreign nations--not the misuse of our sons and daughters for armed intervention as mercenaries. But, after any war we have a higher debt, a debt to our own people. War doesn't end when the shooting stops. Those crippled or wounded continue to pay the price. PTSD, Agent Orange, and now the Gulf War Syndrome affects the veterans of our wars. They are our wounded just as if they were maimed by shells or bullets. Some wives and children of Vietnam, and the families of the over 51,000 Gulf War veterans with the syndrome, have the same problems as the veterans. These people are not getting help today. We bought our freedoms with those shattered lives . . . we are forever in their debt. It is a duty yours and mine, to see that the VA system functions properly. Congress must find honorable places to care for all who suffer for us. Thus, we go to Bosnia, as we have gone to other recent battlefields. We go without a patriotic cause, without a national interest, and without an economic interest. Our government forgot these three terrible lessons: A united cause--Bosnia is not such a cause; preparation--these troops don't know what perils they face; and without aftermath responsibility--we will again turn our backs on those who suffer for us.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, the conference report to S. 1124, the fiscal year 1996 Defense Authorization bill, contains many positive and long-sought provisions. As a cosponsor of two bills to correct the inequity in cost-of-living adjustments for military retirees, H.R. 38 and H.R. 2664, I applaud the inclusion of a provision to correct this injustice to our military retirees. Under the conference report, military COLA's will once again match Federal COLA's, as they ought to and as they have traditionally. The conference report contains two other important provisions: A 2.4- percent basic military pay increase and a 5.3-percent increase in the basic allowance in quarters [BAQ]. By all accounts the quality of life for our military personnel has been declining over the past decade. These two measures will help to alleviate the shortage of quality housing and ensure that military pay keeps up with he annual inflation rate. Despite my strong support for these provisions, I am unable to support the conference report to S. 1124. Simply put, this bill exceeds what is needed for a strong national defense and even goes beyond what the Pentagon requested in its budget. For example, the bill authorizes $772.9 million to purchase parts for 20 more B-2 Stealth bombers despite Congress's 1993 vote to limit the number of B-2's to the 20 currently under production or already delivered and despite the Pentagon's desire not to build any more. Moreover, future funding to complete the additional 20 B-2's is by no means assured, making the $772.9 million a risky gamble. The conference report also authorizes $700 million for a third Seawolf submarine, an item the Clinton administration requested after the Seawolf program was terminated in 1993. According to experts, the Seawolf design is already outdated, and this is evidenced by the development of the new attack submarine line and the fact that the House National Security Committee, in its committee report to H.R. 1530, opted not to build a third Seawolf but instead opted to upgrade the second Seawolf with a new hull section. I agree with the National Security Committee's original analysis, approved by the House when it passed H.R. 1530, that a third Seawolf is unnecessary and the $700 million could be better spent. For these reasons, I must oppose passage of the conference report to S. 1124.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I rise today in strong support of the prison litigation reform provisions included in the conference report on H.R. 2076, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act. Earlier this year the House passed H.R. 667, the Violent Criminal Incarceration Act. This bill contained many provisions designed to address the problems associated with inmate lawsuits. One area that was not included in that legislation was the many so-called Bivens actions that are filed by Federal prisoners in Federal court every year. These suits are not based on any statutory authority from Congress. In Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court created a so-called ``constitutional tort'' that allows inmates to circumvent the congressionally created Federal Tort Claims Act and sue the Federal Government for alleged violations of their constitutional rights due to prison conditions and/or treatment. The real problem with these cases came with the Court's decision in 1992 that an inmate need not exhaust the administrative remedies available prior to proceeding with a Bivens action for money damages only. McCarthy v. Madigan, 112 S.Ct. 1081 (1992). This decision was made without the benefit of any legislative guidance and the Court made that point very clearly in its opinion, almost to the point of asking that Congress do something. Since 1993 there has been a total of 1,365 new Bivens cases filed in Federal court tying up the time of Federal judges and lawyers for the Bureau of Prisons at a time when we already have overcrowded dockets. In order to address the problem of Bivens actions, I introduced H.R. 2468, the Prisoner Lawsuit Efficiency Act (``P.L.E.A.''). This bill makes it clear that administrative exhaustion be imposed in all actions arising under the Bivens case. In H.R. 667, the House adopted a similar provision to that of the P.L.E.A. by requiring the exhaustion of administrative remedies for those prisoners bringing suit under 42 U.S.C. Sec. 1979 (the Civil Rights for Institutionalized Persons Act (``CRIPA'')). I am very pleased to say that I have worked with the conferees of H.R. 2076 to ensure that the prison litigation reform measures address the Bivens issue. The new administrative exhaustion language in H.R. 2076 will require that all cases brought by Federal inmates contesting any aspect of their incarceration be submitted to administrative remedy process before proceeding to court. By returning these cases to the Federal Bureau of Prisons, we will provide the opportunity for early resolution of the problem, we will reduce the intrusion of the courts into the administration of the prisons, and we will provide some degree of fact-finding so that when or if the matter reaches Federal court there will be a record upon which to proceed in a more efficient manner. I would also like to take this opportunity to thank the 56 Members who joined me as a cosponsor of H.R. 2468. Their commitment to a fair and efficient judicial system is to be commended. In addition to the strong support this proposal has had here in the House, H.R. 2468 has been endorsed by Mr. Norman Carlson, Director of the Federal Bureau of Prisons from 1970 until 1987, and Mr. Michael Quinlan, Director of the Federal Bureau of Prisons from 1987 until 1992. Former U.S. Attorney General Dick Thornburgh has written to me stating that: An exhaustion requirement [as imposed by H.R. 2468 and now H.R. 2076] would aid in deterring frivolous claims: by raising the cost, in time/money terms, of pursuing a Bivens action, only those claims with a greater probability/magnitude of success would, presumably, proceed. Mr. Thornburgh also points out that an administrative review process would also aid the Federal courts by allowing for preliminary fact- finding and the creation of a record at the Bureau level, so as to clarify the issues to be presented to the court.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I rise in strong support of S. 1322--the Jerusalem Embassy Relocation Improvement Act. Mr. Speaker, Jerusalem has been a United City, administered by Israel since 1967. For 28 years, it has been a city in which the rights of all faiths have been respected and protected. It is not only the historic center of Judaism, but it is clearly the functioning capital of Israel. Yet Jerusalem is the only functioning capital in which the United States does not maintain its embassy. Mr. Speaker, Israel is a proven friend of the United States. It is a strategic ally and a democratic state. The United States should recognize Jerusalem as the capital of Israel and a such, should begin construction on, and open, its U.S. Embassy in the city of Jerusalem as soon as is practical. This bill accomplishes that goal and I urge all of my colleagues to support the bill.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, I rise today in strong support of our Nation's senior citizens. H.R. 117, the Senior Citizens' Housing Safety and Economic Relief Act, addresses a problem that is facing housing authorities throughout the country and in the Second District in New Jersey. For months now, the Housing Authority of the city of Millville has been attempting to designate its three highrises as ``elderly only'' under the bureaucratic nightmare imposed by current statutory and regulatory law. The delay that Millville has encountered in this designation has led to several problems. First, as we heard in the very compelling testimony presented to the committee, our senior citizens should be allowed to live together in peace and quiet without fear for their own safety. The current law simply delays Millville's ability to put this designation into effect. An additional effect of this delay is that without approval of the designation plan, the housing authority cannot acquire and renovate another building that will be used for housing the young disabled even though funding is available. Enactment of H.R. 117 will streamline the process of elderly or disabled only designations while also giving our housing authorities greater power to exclude those with a history of drug or alcohol abuse. The designation and exclusion provisions of this bill will ensure that seniors have clean and safe quality housing. I strongly support this very important legislation and urge my colleagues to vote in favor of our elderly and disabled by voting yes on H.R. 117.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, I rise in support of the Blute amendment. I believe strongly in cutting spending and balancing the budget. And I know that in order to do that, we are going to have to make some tough decisions. But getting rid of the LIHEAP program is a mistake. Mr. Chairman, many areas throughout the Nation have been experiencing a brutal heat wave--a heat wave that has claimed the lives of people in their homes and apartments. And it is tragic. But the flip side of this happens in my home State in the winter. Where senior citizens and the poor literally freeze to death in their homes. This amendment will help countless of poor people in my district to pay their energy bills and for many of them, it is a matter of life and death. I know opponents will say that LIHEAP is a relic of the energy crisis, that energy prices have dropped since then and therefore we no longer need the program. But every winter I get calls from constituents and they have to decide whether or not to pay their utility bill or buy food because they don't have enough money to do both. When that happens, Mr. Chairman, it means little to the people who cannot afford it that energy prices have gone down. Mr. Chairman, I am not a Member of Congress who has been defending the status quo or advocating more spending. I believe in balancing the budget and I have come to this floor time and again to support spending cuts below the levels produced by the Appropriations Committee. I commend the gentleman from Massachusetts for his amendment and ask [[Page H 8384]] for a ``yes'' vote from my colleagues on both sides of the aisle.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I rise in strong support of the Roemer- Zimmer amendment to bring the space station to a halt. We need to be realistic about this project. Let us look at the commitment that we are asking the American people to make. Through the year 2012, the space station will cost $94 billion. Yes, $94 billion with a ``b.'' The operational life of the station is only 10 years. Mr. Chairman, in my district, the southern portion of the State of New Jersey, I go to the church halls and the fire halls, and I look at my constituents and I hear them say that they were working harder than they have ever worked before and they do not feel they are getting ahead. I listen to them say how many of them are working two and three jobs and their spouse is working two and three jobs, and they want the U.S. Government, they want this Congress, to recognize the efforts that they are making and the sacrifices that they are making. This is a priority that we cannot afford at this time. We are being asked to make many difficult choices. We are running through that process. We are committed to balancing the budget by the year 2002. But these are Federal dollars that we cannot afford. Maybe sometime in the future. Maybe after the budget is balanced. But to those hardworking citizens who are doing their best, who are doing their part to make this democracy work, I do not think we can look them in the eye and tell them that we are willing to spend $94 billion on a program like this when we are asking them to make the sacrifices that we are.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I rise in strong support of the Zimmer amendment. Mr. Chairman, we say it over and over--if we are going to balance the budget in 7 years, we must make some tough decisions. Cutting the market promotion program is not one of them. This is easy. There is no way that this program can be justified. We must ask ourselves if it is an essential task of the Federal Government to advertise McDonald's Chicken McNuggets, Gallo Wine and Sunkist Oranges in foreign countries. The answer is no. Yet that is exactly what the market promotion program does. The supporters of this program are going to talk about how the market promotion program is justified because it increases economic activity here in the United States. Which means one of two things: If the program is effective, we should eliminate funding because these multi-million-dollar corporations don't need it. If, on the other hand, the market promotion program is not effective enough for private corporations to justify spending their money on it-- then how do we justify spending more taxpayers' dollars on it? Either way, we should eliminate funding for the market promotion program. Since the program began in 1986, Congress has spent $1.25 billion to supplement the advertising budgets of some of the biggest corporations in the United States. In this bill, spending on the market promotion program will increase from $85 million this year to $110 million in fiscal year 1996. This is a spending increase that we cannot tolerate. Mr. Chairman, the American people sent us here to do what is right for the Nation. They want us to cut spending. They want us to stop putting them deeper and deeper in debt. And they want us to build a better economic future for them and their children. They want us to shrink the size of the Federal Government--to preserve those things that only government can accomplish, and get government out of those areas that should be left to the private sector. We must make difficult decisions on spending in order to balance the budget in 7 years. The Zimmer amendment is an easy one. Vote ``yes'' on Zimmer-Schumer.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, this Wednesday is Flag Day. Throughtout the Nation, Americans will unfurl the Stars and Stripes, flying our flag proudly as citizens of the greatest Nation on Earth. Our flag reminds us of our heritage. It reminds us of everything that is good about this Nation, and it reminds us of all those who have served America in the Armed Forces who make it all possible. Our flag is more than just a piece of cloth. It embodies us as a nation--our values and our beliefs. And especially, the memories of all those who gave their lives to make the United States of America the great country it is today. That is why we cannot tolerate any deliberate desecration of the American flag. I for one look forward to June 28 when we will vote on a constitutional amendment banning flag desecration. I will be proud to cast my vote for that amendment because I believe our flag is part of the very fabric of America, and the symbol that our veterans fought for and died for and deserves this protection.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I rise in strong support of the substitute and commend my colleagues for their fine work on this bill. proud to vote for the regulatory reform proposals contained in the Contract With America. And I rise today in the strong belief that indiscriminant regulation will sap our economic strength, our competitiveness and our future. I believe that this substitute is consistent with regulatory reform. First, most of the provisions of the substitute reflect the provisions in the chairman's bill. But, the substitute recognizes the importance of controlling stormwater runoff. At the same time, the substitute provides States with flexibility in dealing with this problem. States would be able to target runoff control programs where they are needed most. And States would be given greater authority to use incentive-based programs and planning and management. Similarly, the substitute would not overburden our small businesses and small municipalities with onerous regulations. They would fall under a 10-year moratorium on the implementation of new requirements under the stormwater management program. Mr. Chairman, I represent a district that is surrounded on three sides by coastal waters. In our coastal areas in New Jersey, our businesses, indeed our economy, relies on having a clean coastal environment. The family-owned hotels and motels in my district have approximately 3 months in the summer to earn their living for the year. If the beaches are closed because of pollution, those businesses are hurt and may not survive. Mr. Chairman, commercial fishing is a $55 billion industry nationwide--and lets face it, people are not going to eat fish that they believe were caught in polluted waters. In my district, nonpoint source pollution and storm water were major sources of ocean pollution. Actions taken at the State level have sharply reduced pollution in our ocean and bays. It is a testament to the commitment New Jersey has made, as a State, to protecting our coastal environment. But we need a Federal standard. Our coastal waters do not recognize State boundaries. If New Jersey makes a commitment to prevent pollution from nonpoint sources and storm water runoff, that could be negated if another State does not. Mr. Chairman, the substitute is a good bill. Again, I commend my colleagues on a fine substitute and urge members on both sides of the aisle to support the Boehlert-Saxton-Roemer substitute.

Mr. LoBIONDO

Mr. LoBIONDO. Mr. Speaker, since the 1st day of the 104th Congress, I have been proud to join with my colleagues on both sides of the aisle to change the way Congress does business. This week, we will vote on the most important reform yet--term limits. Opponents argue that we do not need term limits since we have elections. Yet from 1976 through 1994, 9 out of every 10 incumbents were re- elected. Even in 1994, the re-election rate was still 90 percent. Term limits will give the American people more elections in open seats. They will bring new Members to Congress who have different experiences and fresh ideas. That is what the American people want. Recent polls consistently show that two-thirds of the American people support term limits. And the American people will be watching to see who supports real congressional reform, and who votes for the status quo. I urge my colleagues to vote ``yes'' for final passage of term limits.