Bart Stupak

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Mississippi (Mr. Taylor).

Mr. STUPAK. Mr. Speaker, how much time do I have remaining?

Mr. STUPAK. Mr. Speaker, I yield 2 minutes to the gentlewoman from Colorado (Ms. DeGette).

Mr. STUPAK. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I include for the Record a letter from the Government Finance Officers Association, Municipal Treasurers' Association, National Association of Counties, National Association of County Treasurers and Finance Officers, National Association of State Retirement Administrators, National Conference of Public Employee Retirement Systems, and National League of Cities, all signed this letter in opposition to this legislation.

Mr. STUPAK. Mr. Speaker, I yield the balance of my time, 30 seconds, to the gentleman from New York, in appreciation for the time the gentleman has served in this House.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, Marquette Township in my northern Michigan district is celebrating its Sesquicentennial this year. Although my House colleagues and most other Americans may not recognize Marquette Township by name, this community on the shore of Lake Michigan has played an important role in the development of the U.S. steel industry and in the improvement of highway traffic safety. A theme of Marquette Township on the occasion of its 150th anniversary might be its blending of old and new, and this theme is reflected in the topography of the township itself. The iron-rich hills that rise to become small mountains on the southern Lake Michigan shore are made up of some of the oldest rock formations on Earth, but they have been scoured and shaped by the great glaciers that covered North America only yesterday, geologically speaking. Two important resources, iron ore and timber, drew settlers to this region. The old days of the boom in both mining and lumbering, however, are now merely part of the region's lore. Lumbering on a massive scale ended when virgin forest were cut, and the economies of steel production and shipping brought an end to the early ambitious steel mills and mines. In these new days, lumbering is a managed and planned enterprise, conducted with an eye toward reforestation and preservation of the environment, and new mining techniques, which allow iron ore to be shipped as pellets, has allowed mining to find new life in the region. Marquette Township and the surrounding communities enjoyed for years the economic benefits of K.I. Sawyer Air Force Base, one of the airfields which served as a staging area for U.S. strategic bombers. The area was devastated by the closing of this base, but the enterprising nature of the people of this region has permitted this base to find new life as a center for economic development. It's clear, Mr. Speaker, that the people of Marquette Township can celebrate their sesquicentennial with confidence that those elements of their social and economic lives which have had value will be preserved and renewed. K.I. Sawyer Air Force Base was named for a former Marquette County Road Commission Superintendent, Mr. Kenneth Ingalls Sawyer, who in 1917 performed a singular act in Marquette Township that has led to his being recognized in the Michigan Highways Hall of Honor. Mr. Sawyer went out to a dangers curve in the township, called ``Dead Man's Curve,'' on part of what later became U.S. 41 and painted a strip in the center to help drivers stay in their own lanes. Successful in Marquette Township, the practice was adopted for all Marquette County's roads in 1918, and eventually across the entire nation. Marquette Township has a complicated history as a political entity, because as the region has developed the township has grown and shrunk, seen its township lines shifted, and has watched as the city of Marquette was carved from its holdings. Much of its history, therefore, now lies outside the current township lines. But, Mr. Speaker, there is located in Marquette Township an old gold mine. I probably shouldn't reveal its exact location, and it is currently not in use, but the mine is probably an excellent symbol of this rural community as it reflects on its 150-year history. The real treasury of the area is not the gold or the iron ore or the timber that people have found there. The treasures are the people, the families, the quality of life, and the rich heritage and tradition that is revealed when residents begin the process of researching their roots. That is the real importance and value of Marquette Township's Sesquicentennial. I ask my colleagues to join me in praising the local organizers of this event for their efforts, and in wishing the Marquette Township a future as rich and interesting as its past.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, there is an energetic community in my northern Michigan district that in its own unique way played a role in fulfilling the dream of Henry Ford to produce automobiles that would suit the budgets and lifestyles of ordinary Americans. Kingsford celebrates its 75th Anniversary on July 31, 1998, its diamond jubilee. Mr. Speaker, this is an excellent opportunity for all Americans to join with the people of Kingsford, who even call their high school football team the ``flivvers,'' to honor and celebrate those early, heady days of the development of wheeled transportation, including the Flivver automobile. As late as 1920 the population of the area that would become Kingsford was about 40 people, mostly miners working in the nearby Menominee Iron Range. Some mines were still active--would be so until the early 1980s--but the days of the great iron ore boom were clearly in the past, just as the days of the great logging boom were by this time only a memory. The presence of resources of both ore and wood, however, was attractive to one of America's premier industrial pioneers. Henry Ford had been interested in Michigan's Upper Peninsula as the location of a manufacturing facility for a number of years, and by 1919 the automaker was ready to build a plant. It was no coincidence that Ford looked at this area along the Menominee River in the south-central U.P. One of the people he enlisted to find a site for his plant was Edward G. Kingsford, the husband of Ford's cousin Minnie Flaherty and both a real estate agent and Ford dealer. Ford's holdings in the region would grow eventually to 400,000 acres of iron and timberlands in seven northern Michigan counties in my district. Of this total, 350,000 acres were hardwood. As one might surmise from the size and importance of this project, there was much politicking and competition among communities for the plant. Once all the land purchase agreements were completed, the plant was established, employing as many as 8,000 people by 1925 in the production of wooden parts for the famous Ford Model T in Kingsford, Michigan. Progress in the design of the American automobile adversely affected this plant. Almost as famous as the Model T, the model A went into production using fewer wooden parts, and employment at the Kingsford Ford plant declined. In the early 1940s the production of woodsided station wagons provided work for the northern Michigan site, and by 1942 the KIngsford Ford plant had made the switch to war production, producing gliders that would become so important to Allied victory. After the war the importance of the Kingsford plant had diminished further, and the facility was closed in 1951. Ford was gone, but an interesting legacy continued. The famous Kingsford-brand charcoal briquets, a by-product of wooden automobile part production, continued to be made in this U.P. community. As a small city, Mr. Speaker, the population of Kingsford is now about 5,500. Although the community is no longer a part of the Ford family of assembly plants, the transportation revolution wrought by these affordable Ford automobiles on the lives of ordinary Americans meant that tourism would become a new national industry, one that would benefit the Kingsford area. People now can travel from anywhere in the country to visit this area of gently rolling hills with thousands of lakes and hundreds of miles of rivers and streams. Hunting and fishing and the simple enjoyment of the vibrant colors of autumn means that tourism now vies with paper-making as the basic elements of the area's economic well-being. I am proud of the people of Kingsford and their struggles to survive and even thrive through periods of economic change, and I invite all my colleagues in the U.S. House to join me in paying tribute to this resilient and energetic community.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, Democrats want to make sure that good health care is the right of every American. You pay for it. You deserve it. And you should have the right to demand the medical treatment you need. The Republican leadership and insurance companies believe that they and not you will determine your medical coverage. So the insurance companies and the Republican leadership continue to allow gag orders on doctors and nurses in managed care plans. HMOs tell doctors and nurses and you what medical treatment you will receive, not what medical treatment you need. They gag your doctor. Democrats believe you and your doctor should decide what medical treatment you need. No more gag orders. The Republican leadership continue to place a gag order on the American people and refuse to hold hearings on the Patients' Bill of Rights. So Democrats want to lift the GOP gag order. We are holding hearings on the Patients' Bill of Rights in Room 2237 of the Rayburn Building. Democrats want to make sure that health care is the right of every American. You pay for it, you deserve it. You have the right to demand the medical treatment you need. Lift the gag order, Mr. Speaker. Pass the Democratic Patients' Bill of Rights.

Mr. STUPAK

Mr. STUPAK. Mr. Chairman, today we have the opportunity to continue funding for the National Endowment for the Arts. The fact is that the NEA is an essential component of cultural programs across the country. Not only in big cities, but in rural communities and small towns. In northern Michigan, where communities are rich with pride in their unique culture and heritage, eliminating the NEA's role as a source of state endowments and grant funding will effectively silence many quality programs. I have received many letters from local arts councils, senior centers, community theaters, youth programs and museums detailing the positive effect their programs have had and how even a small amount of federal funding can impact their program. The arts draw these communities together to celebrate and to educate each other. The past controversy over the NEA has led to reform and restructuring of that organization. the NEA has a new Chairman, Bill Ivey. These reforms and this chairman should be given the opportunity to prove themselves, not be stripped of their funding, support the Johnson Amendment.

Mr. STUPAK. I yield to the gentleman from Vermont.

Mr. STUPAK. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I would like to thank my colleagues, the gentleman from Vermont (Mr. Sanders), the gentleman from Minnesota, (Mr. Oberstar), the gentleman from Kentucky (Mr. Lewis), and the gentleman from Utah (Mr. Cannon) for their hard work and diligence on this issue. Mr. Chairman, as a cosponsor I rise in strong support of this amendment, which would restore desperately needed funding for the PILT program. Each year thousands of counties across the Nation lose out on millions of dollars in property tax revenue simply because the Federal Government owns the property. In my district, the Federal Government owns large portions of the land. For example, approximately 70 percent of Gogebic County is in the Ottawa National Forest. Since the Federal Government does not pay property taxes on its own land, the PILT program was established to compensate our counties for the land the Federal Government owns. Since its adoption in 1976, the PILT program has neither kept pace with its authorized funding level nor with the true cost of providing services in support of Federal lands. In fact, the PILT program is currently funded at less than half of its authorized level. Rural counties rely on PILT payments to provide essential services, such as education, law enforcement, emergency fire and medical research, search and rescue, solid waste management, road maintenance, and other health and human services that need to be provided on Federal property. Without adequate funding for this program, rural counties will struggle to provide these vital services. Mr. Chairman, if the Federal Government was required to pay taxes on the property it owns like any other individual or corporation, it would have been delinquent a long time ago for failure to pay taxes. The Federal Government has decided that it is in the best interest of this Nation to own and protect and to keep certain land. This does not mean that we must penalize our local communities because they have the fortune that the Federal Government has jurisdiction over these lands. It is irresponsible for the Federal Government to take these lands off the tax roles and then not justly compensate these local communities. Mr. Chairman, this is only a small increase in the PILT program, but its impact and importance to rural counties is tremendous. In fact, Mr. Chairman, 49 of the 50 States receive PILT payments. I urge my colleagues to cast a vote for equity by voting in favor of this amendment. Mr. Chairman, once again I wish to thank the gentleman from Vermont for his authorship of this amendment.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I would like to pick up a little bit on where the gentleman from New Jersey (Mr. Pallone) was talking about on managed care. The leadership of the majority in both the House and the Senate have now finally entered into public discussions on trying to adopt a Patients' Bill of Rights. And I think that is great, because I think, as a country, American families are demanding that we begin to deal with the inequities that we find in health maintenance organizations organizations and managed care plan. So I also think it is an important step that the Republican majority is starting to engage finally in this conversation. And I think, as America has the chance to look at the different plans that are out there, they will clearly see that there is a choice. They can choose the Republican majority plan, which really affirms the right of a patient to appeal to the health maintenance organization which denied them their coverage. So I think that is an internal appeal which falls really on deaf ears. I am afraid that the majority plan does not have any real enforcement provisions and simply moves the appeal, if you will, internally within the HMO. And as I said earlier today, the denial of coverage would be moved up the management ladder to a more fancier waste paper basket. Now if we take a look at the Democratic plan, the plan that has been out there for a number of months, what we see is the Democratic plan does provide for real enforcement of all the provisions of the HMO that the consumer pay for will be entitled to receive. It gives the patient the right to enforce all the provisions of their manage the care plan. That is why we need the Democratic Patients' Bill of Rights legislation. The Democratic proposal reaches beyond the quick fix that is put forth by the Republican majority, and the Democratic plan will give consumers a real power in dealing with their HMO and managed care plan. And when we think about it, in managed care and HMOs, we have the insurance executives determining what their coverage will be or what they are going to pay for, what will be covered underneath the plan, what will not be covered. Well, we Democrats happen to think that is wrong. We believe in a doctor-patient relationship, and that is why the American Medical Association and most of the medical and consumer groups have endorsed our plan. We believe, as Democrats, that the doctor and the patient should make the decision, not what is in the fiscal interests of the managed care plan. Some of the other very positive aspects of the Democratic plan also makes for women, the OB/GYN can be your primary care physician; not a specialist, but could be your primary care physician and would be covered underneath your HMO. In the Democratic plan, when you have a true emergency, when you have an emergency, the closest emergency room, whether they come underneath that HMO or not, must treat you. Of course, the enforcement that I have been speaking of, as the gentleman from New Jersey (Mr. Pallone) mentioned, gives you, the patient, the right to make the enforcement process, and if that enforcement process says that you are denied coverage, you have a right to then go into court and not sue the hospital or the doctor who are trying to give you the care, but sue the insurance executive that denied you the coverage for whatever treatment or specialist you may need. What we try to do in the Democratic plan is put back medicine where it belongs, back with the doctor/patient. The decisions on your health care should be what is medically necessary to help you overcome your illness or disease, and that is where the doctor and the patient should make the decisions. And in the Democratic plan, all specialists that are needed, that are medically necessary, are going to be covered underneath your managed care plan. Unfortunately, in the parts that we have seen of the Republican proposal, only some specialists are covered, not all of them. We lift the gag rule. A doctor can say, well, you may need this CAT scan, and even though your plan does not pay for it, I can refer you outside your plan for this specialty. Right now, many doctors are forbidden, underneath the contract they have signed with the managed care plan, not to even make referrals outside the plan that would cost the plan more money. Therefore, there is what has always been called a gag rule on the physicians. That would be lifted. So you can see, the Democratic plan, in fact, I am looking at the National Journal of Congress Daily of June 25, just before we broke, and the proposal was floated, GOP plan draws diverse criticism. Even those that are supporting the plan were criticizing the Republican proposal because it provides controversial proposals that would make it easier for small businesses to band together and would escape State benefit mandates, cap damages awards. While you are trying to give the consumer more power, the Republican plan actually took the power away from the consumer, away from the medical profession. So the Democrats, the insurers, the consumer groups and even the American Medical Association all happen to like H.R. 3605, which is the Patient's Bill of Rights put forth by the gentleman from Michigan (Mr. Dingell). I would hope each and every Member would take a chance, take a look at this bill and support us with this legislation.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, the leadership of the majority in both the House and the other body have finally entered into the public discussion on the adoption of a ``Patients' Bill of Rights.'' This is an important step because it is an acknowledgment by the majority that American families are demanding protection in their dealings with Health Maintenance Organizations. It is an important step, too, because the Republican proposals will give the American people a clear choice. They can choose a Republican plan which affirms the rights of patients to appeal, but which appeals fall on deaf ears; and without real enforcement provisions, the Republican plan simply moves the consumer's appeal on a denial of coverage up the management ladder to a fancier wastebasket. The Democratic plan, now that provides real enforcement. It gives you, the patient, the right to enforce all of the provisions of your HMO plan. That is why we need the Democratic Patients' Bill of Rights legislation. The Democratic proposal reaches beyond an election year quick fix to a fundamental problem by giving the consumers real power to enforce their plans. HMOs have moved into the business of prescribing health care. The Democratic plan makes sure the HMOs are held responsible for such decisions.

Mr. STUPAK

Mr. STUPAK. Mr. Chairman, I rise today to further clarify my position on the Wildlife Services program at the Department of Agriculture. Today Mr. Bass and Mr. DeFazio offered an amendment to H.R. 4101 which reduces the appropriation for Wildlife Services by $10 million, to $28.8 million. The intention of the Bass-DeFazio amendment is to prevent Wildlife Services from using controversial procedures and inefficient practices for killing predators in western states. The activities that have occurred in western state have been heavily criticized for their indiscriminate killing programs. The program designed to kill coyotes, for example, kills many pets and endangered species. Additionally, the program has been criticized for its wasteful spending practices in the west. In New Mexico, for instance, Wildlife Services spent more than $2 million to kill predators that had inflicted $167,000 to ranchers. I oppose these activities and urge the Department of Agriculture to assure that Wildlife Services acts responsibly and efficiently. I cannot, however, vote for the Bass-DeFazio amendment. Just last week in my congressional district, a cow was identified as having contracted Bovine TB, a dangerous livestock disease. The cow contracted the disease from an infected white-tail deer. There are several deer herds in northern Michigan which are identified as Bovine TB-positive herds. Wildlife Services has assisted the State in fighting to eradicate Bovine TB and is responsible for depopulating some of the infected deer herds. I appreciate the efforts of Mr. Bass and Mr. DeFazio to change they way Wildlife Services does business. This amendment, unfortunately, does not clearly state which practices at Wildlife Services should be changed or how they should be changed. The language does not protect the many exceptional activities performed by Wildlife Services, like protection of human health and safety. We may all be able to agree that the intention of this amendment is to stop the controversial practices in the west, but there is no guarantee that intention will be implemented when Wildlife Services receives their FY99 appropriations on October 1. While I appreciate the efforts of Mr. Bass and Mr. DeFazio, I cannot vote to put each of Wildlife Services activities at risk.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, at the age of 74, when most men and women might consider that it's time to settle back and enjoy the benefits of retirement, a medical doctor in my district has signed a four-year contract with his local hospital, Bell Memorial Hospital in Ishpeming, Michigan. This extension means that Dr. James Tobin, who also serves as mayor of his home town of Ishpeming, has now begun his second half- century of practicing medicine. Actually, it's been more than a half century. The son of a doctor who himself practiced medicine until he was 79, Dr. Tobin admitted to a reporter in a recent story in the Marquette Mining Journal that he delivered his first baby in 1947 while only a medical student. Now, 9,000 babies later, Dr. Tobin still conducts his family practice, including obstetrics and gynecology, performs general surgery, and puts in by his own admission about 60 hours of work a week. His biography recounts the facts of his life and career. A native of the borough of Queens, New York. A 1948 graduate of the Long Island College of Medicine. A 10-year veteran of the U.S. Army Medical Corps. A resident of Marquette County in my Northern Michigan congressional district since 1962. A member of the Ishpeming city council and four times mayor of Ishpeming. An Ishpeming Chamber of Commerce member and former chamber president. Member of a variety of local, state and national medical societies. A visionary chairman of a Michigan governor's task force whose work helped advance the quality of neonatal care at Marquette General Hospital. Church member. Husband. Father of five girls and one boy. Grieving father of a college-age daughter killed in a tragic automobile accident only last December. This biographical outline can give us a sketch of Dr. Tobin as a member of his community, but it cannot come close to painting a picture of the impact of a family doctor on those around him. In a lifetime of family medical practice, Dr. Tobin has shared intimately in the lives of thousands and thousands of his friends and neighbors, an involvement rich in the pageantry of life and death. In addition to his human drama, Dr. Tobin in the past 50 years has witnessed a revolution in medicine akin to the revolutions in other branches of science. Advances in life-saving equipment, medicine and techniques, however, has not come without a trade-off in the way medicine is practiced, as Dr. Tobin frankly admits. Working without the benefit of CAT scans or Ultrasound, doctors once had to more carefully hone their skills of observation. ``Your eyes, your fingertips, all of your senses,'' all came into necessary play, he says, adding, perhaps most importantly, ``you had to listen to your patients, too.'' We must go beyond the biographical outline, as well, to get a better view of a genuine human being concerned about the health of all individuals in his community. As the Mining Journal stated, Dr. Tobin has tried to follow in his father's footsteps, assuring all those patients who come into his office that they will be treated. ``Dad took care of rich and poor alike,'' Dr. Tobin says in fond recollection. ``Nobody ever got turned away for lack of money.'' Mr. Speaker, the people of northern Michigan will officially recognize and celebrate this lifetime of dedication--this story for which the final chapters have not yet been written--at a special gathering on June 30. I ask all my colleagues in the U.S. House to join me in praising the selfless commitment of Dr. James Tobin to the health and well-being of his fellow man.

Mr. STUPAK

Mr. STUPAK. I thank the gentleman for his clarification, and thank him and appreciate the opportunity to work with him in the future as this moves on to conference.

Mr. STUPAK. Mr. Chairman, I thank the gentleman for the opportunity to do a colloquy. First, if I may, I would like to thank the gentleman from Pennsylvania (Mr. McDade) and the gentleman from California (Mr. Fazio) for all their years of service to this House. They have always conducted themselves in a bipartisan manner. That is why we see a bill such as the energy and water appropriations bill each and every year coming forward with very bipartisan support to be passed without much argument on the floor. On and off the floor they have conducted themselves in a very genteel manner, and they are a great example for young Members like myself. For those who argue for term limits, I do not think they recognize or they fail certainly to recognize the attributes that the gentleman from Pennsylvania (Mr. McDade) and the gentleman from California (Mr. Fazio) bring to this honorable institution. They know when their term limits are. I thank the people in Pennsylvania and California for bringing these two gentlemen to the service of their country and thank them for their years of service. Mr. Chairman, I would like to engage the gentleman from Pennsylvania (Mr. McDade) in a colloquy about the Cedar River Harbor project in my district, if I may. As my friend from Pennsylvania is aware, last year the subcommittee was extremely helpful by including an appropriation for the repair of the east breakwater at Cedar River Harbor. During the implementation of this project, however, the Army Corps of Engineers found that the current was different than expected. In order to protect the harbor, repairs are also needed and are also necessary to the west breakwater. The Corps has the necessary funds to complete repairs on the west breakwater left over, as leftover money from the fiscal year 1998 appropriations. This is not a new authorization. It is merely a clarification for the Army Corps of Engineers. They simply need to be able to use these funds for repair of the west breakwater in addition to the east breakwater. The appropriated amount last year was $2.377 million. The Corps has already contracted for the east breakwater at $1.2 million for the repair. That would leave us $1.177 to repair the west breakwater. Without the ability to repair the west breakwater, I am afraid our efforts to protect this harbor would be futile.

Mr. STUPAK. I yield to the gentleman from Pennsylvania.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, this past April I had the pleasure to speak at a testimonial dinner in a small area of my district a few miles north of the Wisconsin border in a town called Iron Mountain. Iron Mountain is an old, ethnically diverse iron mining town which is surrounded by beautiful plush forests, roving wolves and soaring eagles. It is such a delight for me to have the opportunity to visit this town because of its relaxing atmosphere and the friendly demeanor of its residents. However, even in the apparent serenity of this tucked- away, laid-back fishing haven, many people in Iron Mountain still have the haunting memories of their days as soldiers during times of war. You see Mr. Speaker, my district, Michigan's First Congressional District, has the most veterans residing in its area than any other congressional district in Michigan. So it is often that I attend a veterans gathering or function. The purpose of the testimonial dinner that I attended this past April was to honor one of those veterans. His name is John Mella and he is the reason why I stand before you today with this tribute. Mr. Mella has recently completed his year as American Legion State Commander. We, in the Upper Peninsula, couldn't have been prouder to have him as State Commander since it has been fifteen years since a fellow Yooper has held the post. Mr. Mella became part of the American Legion because of his honorable service in the United States Armed Forces. He has worked his way up as American Legion State Commander because of his continued patriotism and his commitment to the preservation of the memory of all soldiers of war. He, as do all veterans, understands what it means to be part of a community, to work together for one another. Mr. John Mella and all veterans who are part of the American Legion have made a pledge to our nation that during times of peace or times of war, they will be a united body to provide service to our country and will be the model of Americanism, joining together for the betterment of one another. Ever since May 9, 1919 when the American Legion approved its constitution, it as upheld its stated commitment to God and Country. All citizens of the United States can look to these people who epitomize dedication and devotion to our nation. As the Representative of Michigan's First District, I am proud to have one of these such citizens residing in my district. In Iron Mountain, a town of apparent serenity and peacefulness, resides many brave Americans who had served and fought to protect justice, freedom and democracy, one particular is Mr. John Mella, a man of distinction, honor and service. A man who has my sincere admiration and appreciation. A man I am proud to call my friend.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, a small village in my district, the 1st Congressional District of Michigan, is celebrating its sesquicentennial in 1998. In its 150-year history Elk Rapids, like so many small Midwestern cities and villages, has grown grow from the homestead of a single hardy pioneering family to a community with a rich and unique heritage. Like other Midwestern communities, Elk Rapids has witnessed the lure of lumber and furs, has seen boom times and times of economic hardship, and has renewed itself through several generations with the same strength and courage demonstrated by its original settlers. Through research and recollection, the village leaders in a resolution marking their sesquicentennial have distilled those 150 years into a brief history, which I will related to you, Mr. Speaker. The community's story begins in the mid-1800s, when Abram Wadsworth, a government surveyor from Durham, Conn., came to the region to explore the Grand Travese Territory in northwestern Lower Michigan. Mr. Wadsworth's task was to explore the Territory in general, and specifically to survey land in the section now known as Elk Rapids. Mr. Wadsworth, on one of his visits, found a pair of elk horns in the rapids near the mouth of the Elk River and determined that this pristine and picturesque spot would be especially well-suited for the construction of a sawmill for the purpose of processing timber cut from the vast hardwood stands of Antrim County. He erected in 1848 the first permanent dwelling on the shores of Grand Traverse Bay in the general vicinity of the present Elk Rapids Township Hall. This structure led to the eventual settlement and development of a town around that site, which has grown through the hard work and dedication of its citizens over the last 150 years to become the Village of Elk Rapids. The village grew to a thriving community which based its livelihood on the lumber industry. The community sent out lumber and drew its local supplies via rail lines on the landward side and through docks on the Grand Traverse Bay side that drew steamers from Milwaukee and Chicago. The population of the village grew to a bustling 1,800 by the year 1905, fell with the decline of the lumber industry to 530 people by the year 1930, but has grown again to more than 1,600. With the natural attraction of the water and the moderate temperatures caused by its nearness to Lake Michigan, the village now bases its livelihood on fruit farming and tourism. Community leaders are optimistic about the future of Elk Rapids as it prepares for its next 150 years. I am proud to be a participant in the events of Founder's Day, June 20, 1998, which has been officially designated as the day to spotlight this auspicious occasion. Mr. Speaker, by proclamation of the Village of Elk Rapids, I encourage my colleagues, and I encourage all residents, business people and visitors to the village to recognize and celebrate this milestone in ways that heighten civic pride and inspire further preservation of the historical, cultural and natural characteristics that make Elk Rapids one of the most enchanting places on the face of the Earth.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I'd like to take a moment to reflect on the meaning of volunteerism and community service as personified by an individual in my congressional district. We've all met such people in our personal and professional lives, people who have made the act of giving of themselves almost second nature. We soon recognize them in our communities, even if we may not always know them personally, because we see them on one day cooking pancakes at a benefit breakfast, and perhaps on the next evening we may see them serving as an auxiliary traffic police officer at an event like a parade. Gogebic County in the Upper Peninsula of Michigan is blessed with such a volunteer and community servant. Mr. V. Melvin Jacobson for half a century has dedicated himself to the 4-H program and the youth of the county. It was in fact 1948 when Melvin became president of the Gogebic County 4-H Council. From this leadership position, he would help the local 4-H launch a variety of valuable programs. First, he played a major role in the establishment of the Gogebic Extension Camp at Little Girl's Point, which opened in 1950. He served as a leader in the establishment and operation of the 4-H Ski Hill on the George Mussatti farm in Bessemer. The ski hill opened in 1951 and was open every weekend through the early 1980's. Melvin helped promote and organize many ``Annual 4-H Winter Sports Days,'' and in his 18 years on the Gogebic County Fair Board he actively promoted many county fair activities, including coordinating the 4-H Parade. Maybe most importantly in his 4-H work, Melvin has served as a positive and encouraging friend to the children involved with the Gogebic County 4-H program. I have it on good faith from a member of my own staff, a 4-Her from northern Michigan, that ``Melly,'' as he was known, never failed to offer a warm, welcoming smile, a constant and an eagerly expected treat for those youth attending 4-H Camp or exhibiting their projects at the Gogebic County Fair. Mr. Speaker, we know the face of this giving volunteer was bound to show up in other venues, as is the case with true volunteers, so it should be no surprise to learn Melvin also served as a Gogebic County Commissioner for 22 years. For the same amount of time he served on the Western U.P. Planning and Development Regional Commission and with the Gogebic-Ontonagon Community Action Agency. Melvin was a member of the Gogebic County Airport Board for six years, a member of the UPCAP Executive Committee for 11 years, and he served on the Western U.P. District Health Board for 18 years. He was a liaison to the Michigan Townships Association for eight years. Melvin was active in dairy farm professional associations, and in other professionally-related efforts he was a part of the Agricultural Stabilization and Conservation Service for 30 years. Repeated terms on the local Lutheran Church board and service as a Little League Counselor round out the valuable contributions made to the area families and the community. It's no wonder that Mr. Jacobson was nominated for Governor George Romney Lifetime Achievement Community Service Award. Michigan's former governor served as an inspiration for volunteerism in the state before he became a national inspiration for last year's gathering in Philadelphia. On May 30, 1998, V. Melvin Jacobson will be honored by friends and family at a 4-H Appreciation Banquet. I ask all my colleagues to join me in celebrating this lifetime of service to all the people of the western Upper Peninsula of Michigan, and to offer thanks on behalf of all those, children and adults, whose lives were enriched by this service.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to oppose H.R. 3534, the Mandates Information Act of 1998. This misguided legislation would create a road block for many environmental, worker health and safety, and consumer-protection legislation the House may consider in the future. H.R. 3534 allows a point of order against any bill or amendment if its direct costs to the private sector--either by way of regulatory costs or taxes--exceed $100 million. The current unfunded mandates law--which I support and voted for in 1995--establishes a point of order against any bill that imposes net costs of more than $50 million to state or local governments. This law is designed to prevent Washington from passing on the cost of new laws and regulations to the states and local governments. The Mandates Information Act, however, is more broad and would restrict more legislation. Under this bill, for example, any legislation that increases taxes on gasoline, airports or tobacco-- which would be used for highway funding, airport construction, or reducing teen smoking--would be subject to a point of order. This bill would jeopardize the hard-fought BESTEA highway program, which includes $356 million more for my home state, and could stop the tobacco bill, which is being crafted with the intention of curbing teen smoking, from being considered when it reaches the floor. Another problem with this legislation is that the implementation of the point of order provision is uneven and arbitrary. For example, if Congress decides to increase the tax on tobacco products in order to create new programs and incentives to stop children from smoking, the bill would be subject to a point of order. But, if Congress passes a tobacco tax, and decides to use the increased revenues to pay for a tax break for special interests, there would be no point of order. In both of these examples a mandate was imposed on the private sector, but in only one case is the point of order imposed. I also find this bill unnecessary. The Unfunded Mandates Reform Act already requires the Congressional Budget Office to report the private sector costs of legislation to Congress. Additionally, an executive order exists which requires federal agencies to consider private sector costs when drafting and implementing regulations. Congress and the Administration is already addressing the need to consider mandates on the private sector. Mr. Speaker, I support the objective of this legislation, which is to assure that Congress fully considers the mandates imposed on the private sector, but I disagree with the method this bill takes to achieve that goal. That bill creates an unnecessary obstacle for considering legislation and is implemented in an arbitrary way. I hope we can continue to work to assure that the cost of legislation on the private sector is considered, but urge my colleagues to reject this misguided bill.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to oppose H.R. 3718, a bill to limit the authority of federal judges to remedy inhumane prison conditions. Under this bill, no individual convicted of a felony could be released from prison--or not admitted to a prison--by a federal court solely on the basis of prison conditions. In many instances, this bill would keep women prisoners who are sexually abused in the inhumane prison condition or keep mentally ill patients who are physically abused in an inhumane prison situation. It also means that the court would be prohibited from remedying Constitutional violations in prisons, including prisons so overcrowded that they violate the Eighth Amendment ban on ``cruel and unusual punishment.'' Another flawed aspect of this bill is the provision which terminates all ongoing consent decrees in prison condition cases, even those which do not involve prisoner release orders. A consent decree is a voluntary contract between two parties to end the active phase of litigation. This bill does not close the case--it simply prevents the states from negotiating a resolution of the case. In many of these cases, however, the state or local government wants to remain under the consent decree rather than expend resources litigating over conditions that are clearly unconstitutional. This bill forces states to litigate cases they don't want to litigate, and is an incredible breach of states' rights. One of the decrees that would be terminated under this bill is one in my home state of Michigan. A consent decree was entered in Michigan to protect mentally ill prisoners who were routinely confirmed in isolation without mental health care. Several inmates committed suicide and engaged in self-mutilation, including two prisoners who cut off their penises. This legislation would end the Michigan decree, and force the state to enter into costly litigation in order to address a problem that has been solved by the consent decree. Congress has no business dictating to states how they should resolve litigation involving state institutions. If a state has decided that a consent decree best meets the state's needs, Congress should stay out of it. Mr. Speaker, this bill overreaches the bounds of the Constitution and violates the basic tenets of states' rights. It also makes it difficult for the court to remedy inhumane prison conditions, and I urge my colleagues to vote to defeat this misguided provision.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, it gives me great honor today to call the nation's attention to a married couple, Hugh and Mary Higley, who live in my home town of Menominee, Michigan, and whose commitment to family and to community has earned them love, respect, admiration, and now, special recognition by their city. Hugh, the eldest of the five children of Harvey and Alice Clifford Higley, was born in Detroit on March 18, 1918. In 1920 the Higley family moved to Menominee's twin city, Marinette, Wisconsin, where Hugh's father joined a local company new to the refrigeration business, the American Sulfur Company, known later by the more familiar name Ansul. Mary, the second of the three children of Dr. William and Edith Jackman Jones, was born in Clifton, Arizona, on January 7, 1920. Two years later the Jones family moved to Menominee, where Mary's father opened an ``ear, eyes, nose and throat'' practice. Hugh played basketball and golf at Marinette High School and in his senior year was editor of the school annual. He attended the University of Wisconsin, graduating with bachelor's degree in chemical engineering. He joined Ansul as a salesman. Mary graduated from Menominee High School in 1938 and attended the University of Arizona. Hugh and Mary were married on June 21, 1941. World War II saw Hugh in service to his country, first as a civilian working for the Army's Ordinance Department in Milwaukee, and later as a Navy lieutenant in Florida and California, finally working in China Lake, a small desert community associated with aviation ordinance testing. After the war Hugh and Mary returned to Menominee, where Hugh resumed his Ansul career. Here they would raise three sons, David, Hugh Jr. and William. Here Hugh would rise from salesman in Ansul's Chemical Division to Director of Corporate Customer Relations, Corporate Secretary, Vice President and General Manager of the Fire Equipment Division, and then to President of Ansul International. He retired from Ansul in January 1969. In October 1969 Hugh and Mary purchased Interstate Welding Sales Corporation, which at the time had 17 employees, two locations and sales of less than $1 million. Hugh was eventually joined by his three sons in this new venture and new career, but continued to manage the day-to-day activities of the company through March 1988. Interstate now has facilities in eight northeastern Wisconsin and Upper Michigan cities, more than 200 employees and sales of nearly $50 million. Through all these endeavors the couple always found time to give to their community. Let me list, Mr. Speaker, some of Hugh's areas of service: the Menominee Public School Board, the Menominee County Board of Commissioners and the board of the local DAR Boys & Girls Club. He was president of both the Menominee and Marinette chambers of commerce and he was an Elder, Trustee and Deacon of the First Presbyterian Church of Menominee. Among his other activities, Hugh was active with the Republican party, and was on the local harbor commission, the industrial park commission, the hospital board and the board of the First National Bank of Marinette. Mary, while raising three boys, has served as an Elder, Deacon and president of the Women's Association of the First Presbyterian Church. Among other volunteer efforts, she was president of the local hospital auxiliary, a director of the local DAR youth club, and a member of the city's Cemetery Board. A man like Hugh Higley with a wife like Mary could have been a success anywhere in the world. Even after Hugh's retirement from Ansul, he could have seized a business opportunity wherever he found one, but he chose to remain in the area and make his new venture, Interstate/ Valweld, one of the region's great success stories. Like their father, his sons Dave, Hugh and Bill could have taken their business acumen and their technical acumen and established themselves successfully anywhere, but those special traits they learned from their parents--the importance of family and the value of forging lasting ties to their hometown--have drawn them back. Thus the town is blessed with another generation of Higley's, who are creating their own legacies of service to the community. There are no greater gifts a family give to its home town than wisdom, foresight, and quality business practices in its professional endeavors, and a lifetime of dedication and volunteerism to pubic service in its private efforts. This is the heritage of this remarkable couple, Hugh and Mary Higley. Mr. Speaker, the local community will seek to recognize these priceless gifts. May 29, 1998, has been proclaimed Mary and Hugh Higley Day in the city of Menominee. I invite my colleagues to join me, adding our voices in humble thanks for a lifetime of service.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, yesterday we were on the floor, as it is National Law Enforcement Officers Memorial Week, and we were talking about law enforcement and a number of bills we were trying to put forth and pass in this Congress, as we normally do during National Law Enforcement Officers Memorial Week. As founder and cochair of the Law Enforcement Caucus, I spend a lot of time on law enforcement issues. In fact, tomorrow at 3:30 in the Longworth Building, the Law Enforcement Caucus will be meeting to talk about pending legislation we have on body armor and the educational school benefits for those dependents of law enforcement officers who were killed in the line of duty, the police officers' bill of rights, a number of other issues that the Members would like to bring up to discuss with the Law Enforcement Caucus. Actually, yesterday as we were debating the Visclosky bill, the Bulletproof Vest Partnership Grant Act, H.R. 2829, which overwhelmingly passed this House; we talked a lot about what happens with police officers, and I mentioned a case which happened back in 1974 when I was a police officer. Unfortunately, at that time, we did not know and the statistic was put forth that about every 2 days we lose a police officer. Up in my northern Michigan rural community, we lost a police officer in Traverse City yesterday. I regret to inform the Nation that Sergeant Dennis Finch of the Traverse City Police Department was murdered as he went to check on an individual at a residence in Traverse City. Sergeant Dennis Finch is survived by his wife Agnes and their two daughters, who are 30 and 23 years old. It is a rather unusual report that we have been picking up in the news media about what happened to Sergeant Finch, but I think it certainly highlights what police officers go through day in and day out in their job. They never know the dangers they face. The individual who murdered Sergeant Finch was well-known by police officers. They had a number of incidents with the individual, and he was described by neighbors as a disturbed man who believed the Mafia was after him. And in fact, yesterday, Tuesday, he was actually seen with a gun strapped to his hip, a pistol if you will, and it was described as a large handgun strapped in a holster; and he came up to people and he was talking to people about the Mafia and that the Mafia was giving him a hard time. It made people nervous. And as often happens, they called police officers to investigate. And according to the newspaper articles, the assailant here was convinced that the Traverse City Police Department, that the cops are the Mafia, and as he told some people, ``Don't make any mistake about that.'' Unfortunately, in our line of work, people unfortunately do die, and we should not make any mistake about that. I find it ironic that as we were debating those bills that try to help all police officers, we had one in our district, at least in northern Michigan, lose his life. That is a very rare thing that happens in northern Michigan. Seldom do we have that kind of violence, but it surrounds us at all times. As we go through National Law Enforcement Memorial Week, I hope we will keep Sergeant Finch in mind in some of the legislation we work on for law enforcement officers. Those of us who are past law enforcement officers, we try to work with this Congress to bring some degree of kindness and humanity to a very difficult occupation. On Friday, it is usually my role as chair of the Law Enforcement Caucus to join in on Police Memorial Day, which is always on May 15, and that will be this Friday. This Friday I had planned on actually being in Traverse City, part of my district. I will be leaving Thursday night and had planned on taking part in a ceremony they hold every year in Traverse City on May 15 for fallen law enforcement officers. This year's ceremony, unfortunately, will have a much deeper meaning for those of us who represent Traverse City and who knew Sergeant Finch. I will be in my district in Traverse City Friday and, hopefully, will get a chance to express the outrage and regret that this Congress feels when any police officer has fallen in the line of duty. Our sympathies and deepest regrets go to his wife and his daughters and the rest of his family, his friends and fellow officers. This thing ended, after Sergeant Finch was shot, probably some 8, 9 hours later in a standoff before the assailant was finally apprehended. We just ask that the good Lord may give strength to the family and to our communities in northern Michigan, and we may have peace returned to our northern Michigan communities as we have known before, and that the good Lord may take away our pain and bless this family that has suffered so much for this country and for Traverse City in northern Michigan communities.