Member of Congress

Bill Thomas

Role
Former Representative
State
CA
Party
Republican

Speeches

AUTHORIZING FLAGS LOCATED IN THE CAPITOL COMPLEX TO BE FLOWN AT HALF- STAFF IN MEMORY OF R. SCOTT BATES, LEGISLATIVE CLERK OF THE UNITED STATES SENATE1999-02-09

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate concurrent resolution (S. Con. Res. 6) authorizing flags located in the Capitol complex to be flown at half- staff in memory of R. Scott Bates, Legislative Clerk of the United States Senate, and ask for its immediate consideration in the House.

Mr. THOMAS. Mr. Speaker, I thank the ranking member, the gentleman from Maryland (Mr. Hoyer), for yielding. Obviously, the purpose of the reservation is to let all Members understand that, at the request of the Senate, and quite properly so, Senate Concurrent Resolution 6 requests that we lower to half mast the flags on the Capitol, and it is to recognize the service of Scott Bates to the Senate and, as a matter of fact, to the United States of America. Mr. Bates, at the time of his tragic death, was struck by an automobile on February 5th. Incidentally, his wife was also seriously injured, but she is expected to recover. Scott was 50 at the time that he died, and for 30 years he served the United States Senate. The recognition of the service to the Senate over those 30 years is indeed not nearly enough but entirely appropriate that we lower the flags around the Capitol in memory and in recognition of R. Scott Bates.

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RULES OF THE COMMITTEE ON HOUSE OVERSIGHT FOR THE 106TH CONGRESS1999-02-08

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, I am submitting the attached Committee on House Administration rules for the 106th Congress for publication in the Congressional Record pursuant to House Rule XI, Clause 2.(a)(2). These Rules were adopted by the Committee on February 3, 1999. Committee on House Administration Rules of Procedure, One Hundred Sixth Congress rule no. 1.--general provisions (a) The Rules of the House are the rules of the committee so far as applicable, except that a motion to recess from day to day is a privileged motion in committees. (b) The committee is authorized at any time to conduct such investigations and studies as it may consider necessary or appropriate in the exercise of its responsibilities under House Rule X and (subject to the adoption of expense resolutions as required by House Rule X, clause 6) to incur expenses (including travel expenses) in connection therewith. (c) The committee is authorized to have printed and bound testimony and other data presented at hearings held by the committee, and to distribute such information by electronic means. All costs of stenographic services and transcripts in connection with any meeting or hearing of the committee shall be paid from the appropriate House account. (d) The committee shall submit to the House, not later than January 2 of each odd-numbered year, a report on the activities of the committee under House Rules X and XI during the Congress ending at noon on January 3 of such year. (e) The committee's rules shall be published in the Congressional Record not later than 30 days after the Committee is elected in odd-numbered year. rule no. 2.--regular and special meetings (a) The regular meeting date of the Committee on House Administration shall be the second Wednesday of every month when the House is in session in accordance with Clause 2(b) of House Rule XI. Additional meetings may be called by the chairman as he may deem necessary or at the request of a majority of the members of the committee in accordance with Clause 2(c) of House Rule XI. The determination of the business to be considered at each meeting shall be made by the chairman subject to Clause 2(c) of House Rule XI. A regularly scheduled meeting need not be held if there is no business to be considered. (b) If the chairman of the committee is not present at any meeting of the committee, or at the discretion of the chairman, the vice chairman of the committee shall preside at the meeting. If the chairman and vice chairman of the committee are not present at any meeting of the committee, the ranking member of the majority party who is present shall preside at the meeting. rule no. 3.--open meetings As required by Clause 2(g), of House Rule XI, each meeting for the transaction of business, including the markup of legislation, of the committee, shall be open to the public except when the committee, in open session and with a quorum present, determines by record vote that all or part of the remainder of the meeting on that day shall be closed to the public because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person, or otherwise would violate any law or rule of the House: Provided, however, that no person other than members of the committee, and such congressional staff and such departmental representatives as they may authorize, shall be present in any business or markup session which has been closed to the public. rule no. 4.--records and rollcalls (a) The result of each record vote in any meeting of the committee shall be transmitted for publication in the Congressional Record as soon as possible, but in no case later than two legislative days following such record vote, and shall be made available for inspection by the public at reasonable times at the committee offices, including a description of the amendment, motion, order or other proposition; the name of each member voting for and against; and the members present but not voting. (b) All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the member serving as chairman of the committee; and such records shall be the property of the House and all members of the House shall have access thereto. (c) House records of the committee which are at the National Archives shall be made available pursuant to House Rule VII. The chairman of the committee shall notify the ranking minority party member of any decision to withhold a record pursuant to the rule, and shall present the matter to the committee upon written request of any committee member. (d) To the maximum extent feasible, the Committee shall make its publications available in electronic form. (e) All committee resolutions and committee motions (other than procedural motions) adopted by the committee during a Congress shall be numbered consecutively. rule no. 5.--proxies No vote by any member in the committee may be cast by proxy. rule no. 6.--power to sit and act; subpoena power (a) For the purpose of carrying out any of its functions and duties under House Rules X and XI, the committee is authorized (subject to subparagraph (b)(1) of this paragraph)-- (1) to sit and act at such times and places within the United States, whether the House is in session, has recessed, or has adjourned, and to hold such hearings; and (2) to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents; as it deems necessary. The chairman of the committee, or any member designated by the chairman, may administer oaths of any witness. (b)(1) A subpoena may be authorized and issued by the committee in the conduct of any investigation or series of investigations or activities, only when authorized by a majority of the members voting, a majority being present. The power to authorize and issue subpoenas under subparagraph (a)(2) may be delegated to the chairman of the committee pursuant to such rules and under such limitations as the committee may prescribe. Authorized subpoenas shall be signed by the chairman of the committee or any member designated by the committee. (2) Compliance with any subpoena issued by the committee may be enforced only as authorized or directed by the House. rule no. 7.--quorums No measure or recommendation shall be reported to the House unless a majority of the committee is actually present. For the purposes of taking any action other than reporting any measure, issuance of a subpoena, closing meetings, promulgating committee orders, or changing the rules of the committee, the quorum shall be one-third of the members of the committee. For purposes of taking testimony and receiving evidence, two members shall constitute a quorum. rule no. 8.--amendments Any amendment offered to any pending legislation before the committee must be made available in written form when requested by any member of the committee. If such amendment is not available in written form when requested, the Chair will allow an appropriate period of time for the provision thereof. rule no. 9.--hearing procedures (a) The chairman, in the case of hearings to be conducted by the committee, shall make public announcement of the date, place, and subject matter of any hearing to be conducted on any measure or matter at least one (1) week before the commencement of that hearing. If the chairman of the committee, with the concurrence of the ranking minority member, determines that there is good cause to begin the hearing sooner, or if the committee so determines by majority vote, a quorum being present for the transaction of business, the chairman shall make the announcement at the earliest possible date. The clerk of the committee shall promptly notify the Daily Digest Clerk of the Congressional Record as soon as possible after such public announcement is made. (b) Unless excused by the chairman, each witness who is to appear before the committee shall file with the clerk of the committee, at least 48 hours in advance of his or her appearance, a written statement of his or her proposed testimony and shall limit his or her oral presentation to a summary of his or her statement. (c) When any hearing is conducted by the committee upon any measure or matter, the minority party members on the committee shall be entitled, upon request to the chairman by a majority of those minority members before the completion of such hearing, to call witnesses selected by the minority testify with respect to that measure or matter during at least one day of hearings thereon. (d) Committee members may question a witness only when they have been recognized by the chairman for that purpose, and only for a 5-minute period until all members present have had an opportunity to question a witness. The 5-minute period for questioning a witness by any one member can be extended as provided by House Rules. The questioning of a witness in committee hearings shall be initiated by the chairman, followed by the ranking minority party member and all other members alternating between the majority and minority. In recognizing members to question witnesses in this fashion, the chairman shall take into consideration the ratio of the majority to minority members present and shall establish the order of recognition for questioning in such a manner as not to disadvantage the members of the majority. The chairman may accomplish this by recognizing two majority members for each minority member recognized. (c) The following additional rules shall apply to hearings: (1) The chairman at a hearing shall announce in an opening statement the subject of the investigation. (2) A copy of the committee rules and this clause shall be made available to each witness. (3) Witnesses at hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. (4) The chairman may punish breaches of order and decorum, and of professional ethics on the part of counsel, by censure and exclusion from the hearings; and the committee may cite the offender to the House for contempt. (5) If the committee determines that evidence or testimony at a hearing may tend to defame, degrade, or incriminate any person, it shall-- (A) afford such person an opportunity voluntarily to appear as a witness; (B) receive such evidence or testimony in executive session; and (C) receive and dispose of requests from such person to subpoena additional witnesses. (6) Except as provided in subparagraph (f)(5), the chairman shall receive and the committee shall dispose of requests to subpoena additional witnesses. (7) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee. (8) In the discretion of the committee, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The committee is the sole judge of the pertinency of testimony and evidence adduced at its hearing. (9) A witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the committee. rule no. 10.--procedures for reporting measures or matters (a)(1) It shall be the duty of the chairman of the committee to report or cause to be reported promptly to the House any measure approved by the committee and to take or cause to be taken necessary steps to bring the matter to a vote. (2) In any event, the report of the committee on a measure which has been approved by the committee shall be filed within 7 calendar days (exclusive of days on which the House is not in session) after the day on which there has been filed with the clerk of the committee a written request, signed by a majority of the members of the committee, for the reporting of that measure. Upon the filing of any such request, the clerk of the committee shall transmit immediately to the chairman of the committee notice of the filing of that request. (b)(1) No measure or recommendation shall be reported to the House unless a majority of the committee was actually present. (2) With respect to each record vote on a motion to report any measure or matter of a public character, and on any amendment offered to the measure or matter, the total number of votes cast for and against, and the names of those members voting for and against, shall be included in the committee report on the measure or matter. (c) The report of the committee on a measure which has been approved by the committee shall include-- (1) the oversight findings and recommendations required pursuant to House Rule X, of clause 2(b)(1) separately set out and clearly identified; (2) the statement required by section 308(a)(1) of the Congressional Budget Act of 1974, separately set out and clearly identified, if the measure provides new budget authority or new or increased tax expenditures; (3) the estimate and comparison prepared by the Director of the Congressional Budget Office under section 403 of such Act, separately set out and clearly identified, whenever the Director (if timely submitted prior to the filing of the report) has submitted such estimate and comparison to the committee; and (4) a summary of the oversight findings and recommendations made by the Committee on Government Reform under House Rule XIII, clause 3(c) separately set out and clearly identified whenever such findings and recommendations have been submitted to the committee in a timely fashion to allow an opportunity to consider such findings and recommendations during the committee's deliberations on the measure. (d) Each report of the committee on each bill or joint resolution of a public character reported by the committee shall include a statement citing the specific powers granted to the Congress in the Constitution to enact the law proposed by the bill or joint resolution. (e) If, at the time of approval of any measure or matter by the committee, any member of the committee gives notice of intention to file supplemental, minority, or additional views, that member shall be entitled to not less than two additional calendar days after the day of such notice, commencing on the day on which the measure or matter(s) was approved, excluding Saturdays, Sundays, and legal holidays, in which to file such views, in writing and signed by that member, with the clerk of the committee. All such views so filed by one or more members of the committee shall be included within, and shall be a part of, the report filed by the committee with respect to that measure or matter. The report of the committee upon that measure or matter shall be printed in a single volume which-- (1) shall include all supplemental, minority, or additional views which have been submitted by the time of the filing of the report, and (2) shall bear upon its cover a recital that any such supplemental, minority, or additional views (and any material submitted under subparagraphs (c)(3) and (c)(4)) are included as part of the report. This subparagraph does not preclude-- (A) the immediate filing or printing of a committee report unless timely request for the opportunity to file supplemental, minority, or additional views has been made as provided by paragraph (c); or (B) the filing of any supplemental report upon any measure or matter which may be required for the correction of any technical error in a previous report made by the committee upon that measure or matter. (f) If hearings have been held on any such measure or matter so reported, the committee shall make every reasonable effort to have such hearings published and available to the members of the House prior to the consideration of such measure or matter in the House. (g) The chairman of the committee may designate any member of the committee to act as ``floor manager'' of a bill or resolution during its consideration in the House. rule no. 11.--committee oversight The committee shall conduct oversight of matters within the jurisdiction of the committee in accordance with House Rule X, clause 2 and clause 4(d)(2). Not later than February 15, of the first session of a Congress, the Committee shall, in a meeting that is open to the public and with a quorum present, adopt its oversight plans for that Congress in accordance with House Rule X, clause 2(d). rule no. 12.--review of continuing programs; budget act provisions (a) The committee shall, in its consideration of all bills and joint resolutions of a public character within its jurisdiction, insure that appropriation for continuing programs and activities of the Federal Government and the District of Columbia government will be made annually to the maximum extent feasible and consistent with the nature, requirement, and objectives of the programs and activities involved. For the purposes of this paragraph a Government agency includes the organizational units of government listed in clause 4(e) of Rule X of House Rules. (b) The committee shall review, from time to time, each continuing program within its jurisdictions for which appropriations are not made annually in order to ascertain whether such program could be modified so that appropriations therefor would be made annually. (c) The committee shall, on or before February 25 of each year, submit to the Committee on the Budget (1) its views and estimates with respect to all matters to be set forth in the concurrent resolution on the budget for the ensuing fiscal year which are within its jurisdiction or functions, and (2) an estimate of the total amounts of new budget authority, and budget outlays resulting therefrom to be provided or authorized in all bills and resolutions within its jurisdiction which it intends to be effective during that fiscal year. (d) As soon as practicable after a concurrent resolution on the budget for any fiscal year is agreed to, the committee (after consulting with the appropriate committee or committees of the Senate) shall subdivide any allocation made to it, the joint explanatory statement accompany the conference report on such resolution, and promptly report such subdivisions to the House, in the manner provided by section 302 of the Congressional budget Act of 1974. (e) Whenever the committee is directed in a concurrent resolution on the budget to determine and recommend changes in laws, bill, or resolutions under the reconciliation process it shall promptly make such determination and recommendations, and report a reconciliation bill or resolution (or both) to the House or submit such recommendations to the Committee on the Budget, in accordance with the Congressional Budget Act of 1974. rule no. 13.--broadcasting of committee hearings and meetings Whenever any hearing or meeting conducted by the committee is open to the public, those proceedings shall be open to coverage by television, radio, and still photography, as provided in Clause 4 of House Rule XI, subject to the limitations therein. rule no. 14.--committee staff The staff of the Committee on House Administration shall be appointed as follows: A. The committee staff shall be appointed, except as provided in paragraph (B), and may be removed by the chairman and shall work under the general supervision and direction of the chairman; B. All staff provided to the minority party members of the committee shall be appointed, and may be removed, by the Ranking Minority Member of the committee, and shall work under the general supervision and direction of such Member. C. The chairman shall fix the compensation of all staff of the committee, after consultation with the Ranking Minority Member regarding any minority party staff, within the budget approved for such purposes for the committee. rule no. 15.--travel of members and staff (a) Consistent with the primary expense resolution and such additional expense resolutions as may have been approved, the provisions of this rule shall govern travel of committee members and staff. Travel for any member or any staff member shall be paid only upon the prior authorization of the chairman. Travel may be authorized by the chairman for any member and any staff member in connection with the attendance of hearings conducted by the committee and meetings, conferences, and investigations which involve activities or subject matter under the general jurisdiction of the committee. Before such authorization is given there shall be submitted to the chairman in writing the following: (1) The purpose of the travel; (2) The dates during which the travel will occur; (3) The locations to be visited and the length of time to be spent in each; (4) The names of members and staff seeking authorization. (b)(1) In the case of travel outside the United States of members and staff of the committee for the purpose of conducting hearings, investigations, studies, or attending meetings and conferences involving activities or subject matter under the legislative assignment of the committee, prior authorization must be obtained from the chairman. Before such authorization is given, there shall be submitted to the chairman, in writing, a request for such authorization. Each request, which shall be filed in a manner that allows for a reasonable period of time for review before such travel is scheduled to begin, shall include the following: (A) the purpose of the travel; (B) the dates during which the travel will occur; (C) the names of the countries to be visited and the length of time to be spent in each; (D) an agenda of anticipated activities for each country for which travel is authorized together with a description of the purpose to be served and the areas of committee jurisdiction involved; and (E) the names of members and staff for whom authorization is sought. (2) At the conclusion of any hearing, investigation, study, meeting or conference for which travel outside the United States has been authorized pursuant to this rule, members and staff attending meetings or conferences shall submit a written report to the chairman covering the activities and other pertinent observations or information gained as a result of such travel. (c) Members and staff of the committee performing authorized travel on official business shall be governed by applicable laws, resolutions, or regulations of the House and of the Committee on House Administration pertaining to such travel. rule no. 16.--powers and duties of subunits of the committee The chairman of the committee is authorized to establish appropriately named subunits, such as task forces, composed of members of the committee, for any purpose, measure or matter; one member of each such subunit shall be designated chairman of the subunit by the chairman of the committee. All such subunits shall be considered ad hoc subcommittees of the committee. The rules of the committee shall be the rules of any subunit of the committee, so far as applicable, or as otherwise directed by the chairman of the committee. Each subunit of the committee is authorized to meet, hold hearings, receive evidence, and to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as it deems necessary, and to report to the full committee on all measures or matters for which it was created. Chairmen of subunits of the committee shall set meeting dates with the approval of the chairman of the full committee, with a view toward avoiding simultaneous scheduling of committee and subunit meetings or hearings wherever possible. It shall be the practice of the committee that meetings of subunits not be scheduled to occur simultaneously with meetings of the full committee. In order to ensure orderly and fair assignment of hearing and meeting rooms, hearings and meetings should be arranged in advance with the chairman with the chairman through the clerk of the committee. rule no. 17.--other procedures and regulations The chairman of the full committee may establish such other procedures and take such actions as may be necessary to carry out the foregoing rules or to facilitate the effective operation of the committee. rule no. 18.--designation of clerk of the committee For the purposes of these rules and the Rules of the House of Representatives, the staff director of the committee shall act as the clerk of the committee.

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21ST CONGRESSIONAL DISTRICT OF CALIFORNIA ANTI-SMOKING WRITING CONTEST1999-02-03

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, I rise to address an issue of great importantance to my constituents in Kern and Tular counties, and indeed, all Americans: teen smoking. Each year, millions of young people begin smoking and become addicted. The question we have to ask ourselves as lawmakers is ``why?'' Many schools have anti-smoking programs; the health risks are clearly printed on every pack of cigarettes; it is illegal for anyone under the age of 18 to purchase tobacco products. Why, then, if students are told in school not to smoke, if we all understand that smoking is dangerous and addictive, and if it is against the law for young people to smoke, do more than one million of our children choose to begin smoking each year? I wanted to get an accurate assessment of which anti-smoking programs are working and which are not, so I invited fifth, sixth, seventh, and eighth grade students in my district to submit their ideas in an essay contest. I asked them to tell me, in their very best writing, the reasons they might choose not to start smoking, ways in which they, their parents, and their schools could discourage other young people from smoking, and finally, I asked them what, if anything, Congress can do on this issue. I read many good ideas from hundreds of students throughout my district on all three points. Many students proudly took personal responsibility for this decision, saying that the decision not to begin smoking is ultimately left to individuals. Some suggested the creation of new anti-smoking programs in schools, such as one proposed by Eddie Mota, a fifth grader from Panama Elementary School in Bakersfield. Eddie suggested that schools create a program called ``Smoking Detour, so that kids won't make the wrong turn.'' Another idea came from Ashley Cullins, a sixth grader at James Monroe Middle School in Ridgecrest, California, who thinks that communities should create and support anti-smoking clubs. A lot of students pointed to their parents as the strongest influences in making the decision not to smoke. Britney Lout, a sixth grader at California City Middle School said that it is parents', and not a school's responsibility to tell children the dangers of smoking. Similarly, George Montoya, a seventh grader at Sequoia Middle School in Bakersfield, said that parents should begin teaching their children not to smoke at an early age. Students presented several interesting, creative ideas as to what Congress could do to eliminate teen smoking. Christopher Duck, an eighth grader at Visalia Christian Academy, proposed stronger penalties for merchants caught selling cigarettes to minors, and creating a limit on the amount of nicotine in cigarettes. And James Margrave, a sixth grade student at Quailwood Elementary School in Bakersfield, wants smoking in movies and television shows to be banned. These are a small sample of the outstanding ideas I heard from students in my district. This is an issue that young people care about very deeply, and I hope that any action we take will consider such options. I ask unanimous consent to include in the Record the full text of the essays submitted by the six students mentioned above. Smoking causes harm to your body. The tobacco in cigarettes can turn your lungs black. Tobacco can cause you to get cancer and heart disease. Tobacco can make you think unclearly and unable to sleep. Smoking can make you sick and make you die. Kids should be taught about the harmful effects of smoking. Schools should have a class or programs for students on the bad things smoking can do. The classes should show the students examples of a healthy lung and a black lung. Parents should also teach their kids about smoking at an early age, like eleven years. If one of my friends asked me to smoke, I would say no because I am not a stupid person. I would tell an adult that my friend has cigarettes. I learned about the awful things smoking can do to your body. I've decided I'd rather live a smoke free life and not die young from lung cancer. I think that Congress should raise the price of cigarettes so that kids could not afford them. Then people would not die from smoking.--George Montoya, seventh grade student, Sequoia Middle School, Bakersfield, California. Smoking is an option and only one person can make the decision to smoke, and that's you. I personally decided not to begin smoking because I plan on going places with my life and if I start smoking, I won't be able to fulfill my plans. Smoking can become a very bad habit and I don't want to make it a personal habit of mine. My grandmother influenced me not to smoke because I saw how addicted she got and I don't want to be like that. ``Home is where the heart is,'' and that's where parents should be telling their children how bad smoking can be. No matter the age, from the beginning, children should never want to smoke. Parents can be very skeptical about who their children hang around, but they can't control what their children do when they aren't around so they should be sure to let their children know all they should know. Schools can't search every child every day because it's useless, but every child should have to take health classes to show just how unhealthy smoking is. Friends shouldn't smoke around friends, so that they can't influence others. The only thing Congress can do to stop the use of cigarettes is to stop making cigarettes altogether. People shouldn't be smoking, no matter who they are.--Britney Lout, seventh grade student, California City Middle School, California City, California. I believe there are many factors which influence a child to smoke. I have decided not to use any tobacco products due, in part to the government, the D.A.R.E. program, teachers, school counselors, parents, and my church. The government's programs supported my decision not to smoke. The D.A.R.E. program taught me about drugs and ways to say ``no'' to them. Posters and ads showing pictures of a smoker's lung and a healthy lung helped me to realize how harmful tobacco and drugs are. Advertisments on television also showed me some harmful effects of cigarettes and drugs. They showed that tar in cigarettes is the same as on the roads. My school counselors and teachers played a big role in keeping me from smoking. They taught me why tobacco and other drugs are harmful. My parents set a good example by not using tobacco products. I feel I might disappoint them if I started to smoke. My parents and church set good examples for me to follow. They taught by example to resist drugs. We have had family discussions and talked about why I should not smoke. I have two suggestions the government can adopt to help kids decide not to smoke. First, create mentor programs that pair ``at risk'' kids with older, smoke-free kids to encourage the younger kids not to smoke. Second, celebrities can talk to children about not smoking. These people are often more listened to than teachers, counselors, and even parents.--Chris Burnett, seventh grade student, Earl Warren Junior High School, Bakersfield, California I have decided to never begin smoking and I was influenced most by the assemblies at our school during Red Ribbon Week for the last seven years at Quailwood, my school. I want to become a Major League Baseball player and try to catch Mark McGwire and his home run record and I have figured from all of those assemblies that if I want to do that, I can't start smoking, doing drugs, or drinking. I don't know if it was watching the K9 unit come every year to talk to us, but since that first assembly in kindergarten, I've decided to never start smoking. Even though I've decided not to smoke, some of my friends have not. I don't want them to ruin their lives so there are a couple of things that schools, parents, and I could do to keep my friends from beginning to smoke. There are many things that schools could do to help kids try not to start smoking. When I was in kindergarten, first grade, and second grade, a lady used to come in and show us a pig's lung that had been around a lot of smoke, almost like a person who smoked. It was horrible looking. She said that if we smoked, our lungs would look like that, and no one wants to have their lungs look like that. I think that all schools should do that, and not only in the first three years of school, but throughout elementary school. Parents could also help their children not start smoking. Parents could talk to their kids more about saying no to smoking. Tell them how bad it is for your body and what it does to your brain. If kids knew those things it might lessen their chance of smoking. All parents should be good role models. My mom and dad don't smoke and I have no desire to smoke either. They probably had an influence on me not to smoke. Kids might think it's O.K. to smoke if their parents do. There are also many things I could do to help my friends not start smoking. I could tell my friends that if they ever started to smoke, they wouldn't be my friends anymore. I also could tell my friends that if they ever thought about smoking to talk to me because I'd always to open to listen to them. I'd do practically anything to stop my friends from starting to smoke. Those are all things that schools, parents, and I could do to stop kids from starting to smoke, but there are things Congress could do to stop, or at least to reduce the use of tobacco. They could make laws to stop advertising smoking on billboards and in magazines. The tobacco industry tries to make smoking look cool when it's not. Congress could make a law that there shouldn't be smoking on television and in movies. The other day, I saw my favorite actor with a cigarette in his mouth. If I didn't know smoking killed you, I'd probably want to smoke too, because then I could be just like him. The only thing this is doing to kids is influencing us to smoke when we get older. Another law Congress could make to reduce tobacco use is to ban candy cigarettes and gum that look like chewing tobacco. When kids like me see that stuff, it's great; it tastes good, and when we get older, we may want the real thing.--James Margrave, sixth grade student, Quailwood Elementary School, Bakersfield, California When I was young, I was watching the news with my mother. It was about smoking. The program was about the problems smoking causes. I was watching it closely and I was scared that I was going to have those problems. Although I was scared, I never realized how hard it was going to be to make this decision later on. Here in the sixth grade, I know I will never have to do this. To help other people make the same decision, small groups from communities need to form clubs for kids aged 11-19 years to have fun and to be safe. In this club there should be no smoking. This group should do things involving kids. It could get money from donations and fundraisers. I don't think Congress can do too much to reduce smoking. It basically is up to the community and to each person. Some people might disagree and even fight over this matter. Personally I made this decision already, but some kids think it's cool to smoke and they won't stop. Instead of arguing over this, we need to do more educating to show kids that smoking isn't cool.--Ashley Cullins, sixth grade student, James Monroe Middle School, Ridgecrest, California Tobacco has been a health hazard to America for years, yet, even when they know its dangers, kids still choose to smoke for the chance to be ``cool.'' Somehow, all the programs, clubs, and classes are not getting the message through. Hopefully, the essays being received will give Congress new ideas that will help America become a better place. There are many influences that have affected my decision not to start smoking. One such influence is the warnings of smoking's dangers. The fact that smoking can cause numerous cancers and can cause a person to stop breathing is a frightening thought. Being brought up in a drug-free environment and then visiting places with a high content of smoke has given me a good picture of the two different worlds has given me a good picture of two different worlds--a good enough picture to make me realize which one is the best for me and the people around me. I believe that there are a few ways that schools and Congress can make a difference. I think the schools would help if they provided a mandatory class to discuss the dangers and consequences of smoking and tobacco. Then there are a couple of ways I feel Congress can help prevent tobacco use. First, Congress should pass a law that reduces the amount of nicotine put into tobacco products. Second, Congress should raise and enforce penalties on minors who smoke, and on those who sell tobacco to minors. Raising the taxes on tobacco products would only lead to more thievery and, therefore should not take place. I hope that these essays have given Congress a better view of the tobacco problem, and I hope that they will put into effect some of the ideas these essays offer. May the Lord have His hand on this situation as we all look and pray for a better America.--Christopher Duck, eighth grade student, Visalia Christian Academy, Visalia, California I see many store advertisements that encourage people to smoke. Thanks to our Congress, there are no gun advertisements, and Congress should be just as tough on cigarette ads. I would say that guns and tobacco are deadly weapons; one kills fast and the other kills slow. I think that Congress can do many things to keep kids from smoking. Congress and schools should make a program called ``smoking detour,'' to keep kids from making the wrong turn. This program would take kids on a hospital tour to visit patients that are dying from cancer caused by tobacco. How sad it would be to see people with tubes stuck in their noses and pictures of rotten lungs. That sure would discourage me from smoking. My mom and dad are the best advertisements against smoking. They don't smoke. They tell me, ``if you smoke, it will kill you and it will hurt those who love you.'' Even though I live in a free country, where I have the freedom to smoke, I don't have the right to hurt the freedom of life. I love my family, friends, and my life too much to smoke.--Eddie Mota, fifth grade student, Panama Elementary School, Bakersfield, California

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PERMITTING USE OF CAPITOL ROTUNDA FOR CEREMONY COMMEMORATING DAYS OF REMEMBRANCE FOR VICTIMS OF HOLOCAUST1999-02-02

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, this concurrent resolution is one that is presented annually, and, up until today, at least for a decade, and I believe this resolution has been requested for two decades, at least for a decade, it was sponsored by the gentleman from Illinois, Mr. Yates. Sid Yates is no longer with us, so it is my privilege to offer this resolution with the ranking Member of the Committee on House Administration, the gentleman from Maryland (Mr. Hoyer), the gentleman from Connecticut (Mr. Gejdenson), the gentleman from Ohio, (Chairman Regula), the gentleman from New York (Chairman Gilman), the gentleman from Ohio (Mr. LaTourette), and the gentleman from California (Mr. Lantos). Mr. Speaker, this year's celebration is one that strikes a theme directly remembering the period just prior to the United States entering World War II and the tumultuous nature of international relations at the time. The U.S. Holocaust Memorial Council is entrusted with sponsoring appropriate observances of the days of remembrance, and the U.S. Capitol rotunda ceremony is part of that effort. The theme of the 1999 commemoration is the 60th anniversary of the voyage of the S.S. St. Louis. In 1939, if you will all recall, Hitler's invasion of Poland on September 1, 1939, is usually marked as the actual beginning of the Second World War, the St. Louis sailed. It had as its passengers 936 Jewish refugees. It left Europe and moved toward the United States, where it was refused entry, and it was refused entry in Cuba. The refugees then returned to Western Europe. Then, of course, we know that following the invasion of Poland, Hitler and the German forces moved south, invading the Netherlands, Belgium and then France. These individuals, who were simply looking for freedom, found themselves refugees under the National Socialist rule and subject to the Holocaust. The Survivors Registry is currently attempting to document the fate of the 936 passengers of the St. Louis. Until we are able to document the actual fate of these individuals, it is entirely appropriate on the 60th anniversary of these people, simply looking for freedom and being rejected by the country that calls itself the Beacon of Freedom, to remember the Holocaust in the way that I think strengthens this Nation's commitment to democracy and human rights.

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that the Committee on House Administration be discharged from further consideration of the concurrent resolution (H. Con. Res. 19) permitting the use of the rotunda of the Capitol for a ceremony as part of the commemoration of the days of remembrance of victims of the Holocaust, and ask for its immediate consideration.

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GENERAL LEAVE1999-02-02

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on House Concurrent Resolution 19.

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ENDANGERED SPECIES REFORM NOW1999-02-02

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, when Congress begins anew this month, I will reintroduce three bills to reform the Endangered Species Act, an act that has miserably failed to safeguard species while imposing an enormous burden on American landowners. Republicans have held the House for four years now but have yet managed to pass legislation to break the grip of the so-called environmentalists and the U.S. Fish and Wildlife Service. The reason is that oversized and comprehensive bills, while entirely justified, can not garner the support needed for passage especially in light of an antagonistic Administration. Let's face it. The Administration has us in stalemate. The strategy behind my bills is simple. We need to shake up the debate, take the negotiating victories we have won so far, introduce some new ideas, and package them in smaller, easier to pass bills. We need rifle-shot bills targeted toward specific and clear abuses by the Federal Government. We can not wait until we can patch together a political coalition to rewrite the entire Endangered Species Act. We need ideas we can win with and give you relief, now. Here are my bills: The Fair Land Process Reform bill will ensure open and equal access to the decision making process of federal agencies and allow landowners to identify and criticize poor decisions from the onset. Public access to scientific studies and underlying study data and a right for landowners and commercial interests to join in decision making process through a formal rule-making hearing. No more closed decisions using secret information. A substantial evidence standard for agency listing decisions and peer review of scientific date. No more tolerance of inadequate science. The Fair Land Management Reform bill will ensure government pays for obligations it imposes on landowners. Landowner compensation for significant government takings. Limit on mitigation requirements imposed by government. No more giving up 30 acres in order to use 1 acre of one's own land. The Liability Reform bill will stop unfair government penalties against landowners. No criminal liability for unintended and speculative takings of endangered species. No penalty for modifying so-called habitat in which no endangered species actually exists. A ``Safe harbor'' and ``No surprises'' provision. No more broken promises and the added obligations put on landowners. The Endangered Species Act needs to be reformed now. These proposals are a fair and balanced response to the tragic failures of the current system. I look forward to presenting my bills at House hearings.

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PRIVILEGES OF THE HOUSE--IMPEACHING WILLIAM JEFFERSON CLINTON, PRESIDENT OF THE UNITED STATES, FOR HIGH CRIMES AND MISDEMEANORS1998-12-18

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, I do think at this point we perhaps need to go back to the basics. I keep hearing that somehow we are going to abrogate a vote. What we have before us are four articles. The question is whether or not the facts examined by the Committee on the Judiciary meet the articles. I think anyone who looks at the information will clearly reach the conclusion that, in fact, the facts are not friendly. The question is, do oaths mean something? I think they do. Should oaths mean something to the most powerful person in the United States? I think they should. The President had one opportunity not to lie. He had a second opportunity not to obstruct justice. He had a third opportunity. At any number of turns, the President of the United States would not have required us to be in the position we are in tonight. The question is simply, do the facts rise to the articles? We do not remove him. We simply agree. Mr. Speaker, the matter before us is not about a private matter as most of my colleagues on the other side of the aisle have been alleging for eleven months and throughout the debate today. This debate concerns they very foundation of our system of government. I urge my colleagues to think long and hard about what we are doing in this hallowed chamber. We have been charged by the American people, our constituents, to serve to the best of our abilities swear to uphold the Constitution. It is our duty to defend the laws and the rule of law and this is what we are debating here today. The House Judiciary Committee, under the able leadership of Chairman Henry Hyde, reviewed 60,000 pages of sworn testimony, grand jury transcripts, depositions, statements, affidavits as well as video and audio tapes that they used to build a case and provide ample evidence for four Articles of Impeachment. I have read this report and agree with their findings. The Framers provide us with a guide, the Constitution. The Judiciary Committee found that the President has indeed lied under oath, obstructed justice and abused the powers of his office. Impeachment is the Constitutional remedy. The rule of law is paramount to our system of government. Should the President of he United States be exempt from this standard? Should he be granted special treatment? Lying under oath lands other Americans in jail. The President is not above the law. William Jefferson Clinton has twice taken the oath of Office of President of the United States where he swore to faithfully execute the office and to the best of his ability ``preserve, protect and defend the Constitution of the United States.'' President Clinton has broken this solemn oath. If the House indeed passes one or several Articles of Impeachment to the Senate, I renew my call to President Clinton to resign for the good of the country.

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PROVIDING FOR CONSIDERATION OF H.R. 4761, URUGUAY ROUND AGREEMENTS COMPLIANCE ACT OF 19981998-10-10

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, 20 years ago, I began meeting with European parliamentarians in a joint meeting between Members of Congress and the European parliament. It was over the discussion of the Europeans' failure to open their markets to agricultural products from the United States and, frankly, from other countries around the world. They had what they called a common agricultural policy, but it was really a social policy. They wanted to make sure they subsidized their agriculture products to keep their people down on the farm. Over those 20 years, the European Parliament and the European Union has grown and the United States has continued to grow, but there has been virtually no movement in opening European markets. The gentlewoman from California's desire to focus the debate on bananas frankly misses the mark completely. I would have wished it would have been the raisin issue that would have been the first issue in front of WTO. We could have used that. It could have been the pasta issue. It could have been the canned peaches issue. It is in fact the beef hormone issue, along with bananas. The argument that this is being done for some individual for some nefarious reason really misses the mark of world economics. The entire world got behind the United States when we said the old trading order would not work. Agricultural products were not even part of the agreement in the old world structure. Under the WTO, the commitment was agriculture would be covered and when you won a case, you could get it resolved. The Europeans have no intention of changing. The, I am sure, well- intentioned although totally naive assumption that this is over one individual or one product fails to understand the real issue. We have an international agreement. The Europeans are once again failing to live up to it and, will do everything they can not to live up to it. It is our responsibility to get them to do so, not just for us but for the rest of the trading world. If this administration will not go forward with appropriate steps in a timely fashion, it is incumbent upon the Congress to move. This is the vehicle.

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MEDICARE HOME HEALTH AND VETERANS HEALTH CARE IMPROVEMENT ACT OF 19981998-10-09

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, on that I demand the yeas and nays.

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that 8 of those 20 minutes in the affirmative be controlled by the gentleman from Florida (Mr. Bilirakis), chairman of the Subcommittee on Health of the Committee on Commerce.

Mr. THOMAS. Mr. Speaker, it is my pleasure to yield such time as he may consume to the gentleman from New Jersey (Mr. Saxton). (Mr. SAXTON asked and was given permission to revise and extend his remarks.)

Mr. THOMAS. Mr. Speaker, it is my privilege to yield 2 minutes to the gentleman from Arizona (Mr. Hayworth), a member of the Committee on Ways and Means.

Mr. THOMAS. Mr. Speaker, I yield 2 minutes to the gentlewoman from Connecticut (Mrs. Johnson) a member of the Committee on Ways and Means without whose full participation, ideas and creative approaches to solutions we would not be here with this bill.

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4567.

Mr. THOMAS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I include at this point in the Record a detailed explanation of the bill. Explanation of H.R. 4567--Medicare Home Health and Veterans Health Care Improvement Act of 1998 title i. medicare home health care interim payment system refinement Current Law Section 4602 of the Balanced Budget Act established interim payments for Medicare home health care agencies until implementation of the Prospective Payment System on October 1, 1999. Agencies are currently paid their costs up to two limits. The limits are applied when an agency settles its cost report with Medicare. The first limit--the per visit limit--is based on the mix of visits the agency provided to Medicare patients during the year. The per visit limits are based on 105 percent of the median costs by category of services. The second limit--the per beneficiary limit--is based 75 percent on an agency's historical cost per beneficiary and 25 percent on the average per beneficiary historical costs for the region in which the agency is located (both are reduced by 2 percent and are adjusted by the home health market basket). Agencies whose first full year cost report began after October 1, 1993 receive the national median of the per beneficiary limits. Explanation of Provision The bill contains a modified version of H.R. 4567. The amendment would increase the per visit limits to 108 percent of the national median costs. In addition, the amendment would increase the per beneficiary limit for many agencies. For those agencies whose per beneficiary limit is below the input price adjusted national median limit, the beneficiary limit would be increased by one half of the difference between the agency's per beneficiary limit and the input price adjusted national median limit (without the two percent reduction). Home health agencies whose first full cost report began on or after October 1, 1993 and before October 1, 1998 would receive a new beneficiary cap. The cap would be equal the greater of (1) the national median limit, without the 2 percent adjustment, and (2) a new blended payment equal to 50 percent of the payment established under the Balanced Budget Act and 50 percent based on a new blend. The new blend would be equal to 75 percent of the national median and 25 percent of the regional mean--both decreased by two percent. Home health agencies which began treating Medicare patients on or after October 1, 1998 would have per beneficiary limits equaling 75 percent of the input price adjusted national median limit, minus two percent. In the case of a home health care agency or home health care branch which existed as of September 15, 1998, the 75 percent of the national median rule would not apply if that branch subsequently becomes a subunit of its parent or a separate agency. Rather, the parent agency's limit at the time the branch becomes a subunit or a separate agency would be used. These changes would have no impact on the Medicare part B monthly premium. The bill also would require the Secretary of Health and Human Services to submit to Congress a report describing (1) all of the research to date on the development of a prospective payment system for Medicare home health services, (2) a schedule for implementation of the BBA mandated prospective payment system, and (3) the Secretary's recommendations for one or more alternatives to provide savings equal to the estimated savings from the 15 percent reduction in payment limits scheduled for fiscal year 2000. The Medicare Payment Advisory Commission (MedPAC) would be required to submit a report to Congress no later than 60 days after the date that the Secretary submits her report. In addition, MedPAC would have to include in its June 1999 report an analysis of whether changes in law made by the Balanced Budget Act and amended by this section, impede access to home health services. The General Accounting Office would be required to conduct an audit of the Health Care Financing Administration's expenditures for research related to the development of a prospective payment system for Medicare home health care services. Reason for Change The Medicare home health care interim payment system per beneficiary limits are based on one year of historical cost data (from cost reporting period ending in fiscal year 1994). The rates are based on a blend of agency-specific data and regional data. While this blending reduces some of the variation among agencies, there still exists a more than ten- fold difference between the per beneficiary limits across agencies. Some agencies with very lost historical costs have difficulty responding to changes in the mix of patients. This bill would assist the lowest cost agencies by increasing the per beneficiary limits for the agencies below the national median limit. In addition, the amendment would help decrease some of the differences between old and new agencies within a region. Because of the Administration's recent announcement of a delay in implementing the prospective payment system on October 1, 1999, as required in the Balanced Budget Act, there is considerable concern about the impact of this delay on agencies and beneficiaries receiving home health care services. In order to ensure accountability, the Secretary would be required to report back to Congress by January 1, 1999 with a detailed time line for implementation of the new system so that the progress may be carefully monitored by the Congress. The Administration would also be required to propose recommended alternatives to the 15 percent across- the-board reduction in rates that will occur on October 1, 1999 because of the PPS implementation delay. Effective Date Medicare home health agency cost reporting periods beginning on or after October 1, 1998. title ii. veterans medicare access improvement medicare home health care interim payment system refinement Current Law Current law generally prohibits other government agencies from receiving reimbursements for providing Medicare-covered services to Medicare-eligible veterans. In general, Medicare does not pay for services furnished by a federal provider of services or other federal agency. The law has thus generally barred payments for services provided to military retirees at Department of Defense (DoD) facilities and for services provided at VA hospitals and clinics. Subvention is the term given to proposals which would permit the U.S. Department of Veterans Affairs to receive reimbursement from the Medicare trust funds for care provided to Medicare-eligible beneficiaries at VA medical facilities. The Balanced Budget Act of 1997 (BBA 97, P.L. 105-33) authorized a 3-year demonstration project at six sites under which the Secretary of HHS will reimburse the Secretary of DoD from the Medicare trust funds for services furnished to certain Medicare-eligible military retirees and dependents. The demonstration project is to be established through an agreement entered into by the Secretaries. The Balanced Budget Act of 1997 required the Secretary of HHS and VA to jointly submit to Congress a detailed implementation plan for a subvention demonstration project for veterans. Explanation of Provision The bill contains the text of H.R. 3828. The amendment would amend Medicare law by adding a new Section 1897 to the Social Security Act--``Improving Veterans' Access to Services.'' The bill would establish a subvention program for low-income veterans and a demonstration project for other veterans so that the Department of Veterans Affairs may offer certain veterans comprehensive Medicare health care services. Section 1897 would authorize VA subvention in certain circumstances. Subvention is the term given to proposals which would permit the Department of Veterans Affairs to receive reimbursement from the Medicare trust funds for care provided to Medicare-eligible beneficiaries at VA medical facilities. The bill specifically aims at helping vulnerable veterans--known in veterans parlance as ``Category A'' veterans--who have either low income or a service-connected disability. The bill also creates a three-year demonstration project to test subvention for other veterans--known as ``Category C'' veterans--who are not low-income or service- disabled. The bill would create a Medicare subvention program for Category A veterans but limits Category A subvention to three sites for the three years. If the Category A subvention meets certain criteria, then the subvention program may be offered on a national basis. The amendment provides that Medicare payments for the Category A be capped at $50 million in the first year, $75 million in the second year and $100 million in the third. The amendment would also create a Medicare subvention program for Category C veterans (all other veterans) but limits Category C subvention to three sites for three years. The amendment provides that Medicare payments for Category C will be capped at $50 million per year for three years. The bill would require the VA to maintain its current level of services to Medicare-eligible veterans and provides that the Secretary of Health & Human Services and the Secretary of Veterans Affairs must monitor expenditure levels during the project in relation to expenditures that would have been made but for subvention. The bill has provisions which are designed to hold harmless the Medicare Trust Fund, including: (1.) The VA would be paid a discounted rate from the customary Medicare managed care payments (to make up for VA's lower administrative costs); (2.) The VA would be required to institute modern data systems to track the costs and services provided to Medicare- eligible veterans; (3.) The VA would be required to maintain the same level-of-effort that it now provides to Medicare- eligible veterans; (4.) The VA's subvention services would be audited by the Comptroller General and the Inspector General. Effective Date The Category C demonstration project could begin as early as January 1, 1999 and end on three years after the commencement. The Category A program would begin on January 1, 2000 at the designated sites. title iii. authorization of additional exceptions to imposition of penalties for certain inducements Current Law Current law prohibits medical facilities from making improper inducements in order to attract patients. Because of this, medical facilities have scaled back financial assistance programs which help patients, (e.g., programs to pay patient Medicare Part B and Medigap premiums) lest these programs be construed as improper inducements. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) contained a number of provisions designed to toughen fraud and abuse enforcement. One provision--Section 231(h)(1)(C)(5) of HIPAA--prohibited medical facilities from offering patients any kind of inducement to receive services from any particular medical provider. This provision was designed to prevent kickbacks which the Inspector General reported was occurring in some circumstances. Explanation of Provision The bill contains the text of H.R. 3511. The amendment would affect the HIPAA provision in several ways: First, the Inspector General of the Health and Human Services Department could create exceptions--known as ``safe harbors''--to the fraud and abuse rules so as to exclude specific practices from the HIPAA provisions. Second, the bill would allow medical facilities to obtain advisory opinions from the Inspector General. These opinions would provide legal and regulatory guidance to medical facilities as to whether payment of coinsurance or other premiums violates HIPAA's fraud and abuse provisions. Finally, the bill would also give the Secretary of HHS interim final rulemaking authority which would speed up the process whereby these safe harbors and advisory opinions become effective. Reason for Change Prior to the enactment of HIPAA, specialized medical facilities, such as dialysis centers, operated programs to help their patients afford medical treatment. Examples of these programs included paying patients' Medicare Part B premiums; giving patients free eye-glasses and other services designed to assist patients. The effect of the HIPAA fraud and abuse provision was to discourage medical facilities from offering programs to help patients lest these programs be seen as inducements for patients to receive services from the particular medical facility. This bill gives the Inspector General the authority to make exceptions and to establish safeguards which would permit an exception to the HIPAA provision. Effective Date Upon enactment.

Mr. THOMAS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill, H.R. 4567, is one that is needed for a number of reasons. Most people will probably focus on what they consider to be the major provision, and that is a modification in the home health care payment structure. In the Balanced Budget Act of 1997, after extensive negotiations with the administration, we were able to get the administration to change their 100 percent structure to a blended arrangement which we thought would at least modify the perniciousness of the administration's approach. We could not get them to go farther. That position became the interim payment structure that we are operating under now. Once we were able to examine what the administration really wanted, we discovered that it was lacking in a number of provisions in assisting on a broad base home health care agencies previously established, newly established and between States. Not only was it not adequate in its interim payment structure form, but we were told in August by the Health Care Financing Administration that, because of their computers' difficulties with the year 2000 problem, they would not be able to honor the date that they said the prospective payment system replacing the interim payment system would go into effect. What ensued was a series of negotiations among all of those parties affected, and a bill was passed through the Committee on Ways and Means, modified by the Committee on Commerce's concerns and with the administration as a full partner to make sure that anything that we proposed could actually be carried out by the administration because of the year 2000 computer problems. We have in front of us, I believe, a solution in which there are no losers. One of the difficulties is that many of the proposals basically robbed Peter to pay Paul, revenue neutral. Even if they added money to the pot, it was clear that it was only perpetuating an unfair system. Although we perhaps add more money than I would have liked to have added to the overall pot to solve the problem, the most important provision is that it treats those who are most in need fairly, and that is essential, I think, if in these latter days we are able to move this legislation. A second provision of this bill is a veterans' subvention program. The Department of Defense has a Medicare subvention demonstration program. We were anxious to involve the veterans. This is a perfected veterans' subvention program. There are basically two categories of veterans. The category C are those who are relatively well off, vis-a-vis the category A veterans, and who do not have service-related disabilities. The primary focus is on the category A veterans. There is a real problem in this area. We believe that this provision is a worthwhile one. It is a demonstration for both of us, and the chairman of the Committee on Veterans' Affairs will speak to that very shortly. There are two other minor provisions. One is to allow for the reinstitution of a long-standing practice in which those patients who are end-stage renal disease patients and unable to provide for insurance coverage are assisted in that insurance coverage. Through a technical failure in our fraud and abuse program, that technically would not be allowed. This creates an opportunity for the Inspector General at HHS to make sure there is a safe harbor to protect those individuals. The last item is an expansion of the MedPAC board, which would provide for a broadening of the representational interests on that board, be they professional, general public or geographic, based upon who those additional members would be. Mr. Speaker, I reserve the balance of my time.

Mr. THOMAS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4567) to amend title XVIII of the Social Security Act to make revisions in the per beneficiary and per visit payment limits on payment for health services under the Medicare Program, as amended.

Mr. THOMAS. Mr. Speaker, I yield myself 30 seconds. Notwithstanding the gentleman's description of the bill, the paid-for provision which increases the individual retirement accounts on Roth IRAs from 100,000 to 145,000 does comport with the budget rules on the House side, and in looking for areas to pay for a change in Medicare and related medical costs, we thought it most prudent not to dip into Medicare or other health care provisions to rob Peter to pay Paul, and it seems to me that this is a particularly appropriate way within the House budget rules. Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Stump), the distinguished Chairman of the Committee on Veterans' Affairs.

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NATIONAL SALVAGE MOTOR VEHICLE CONSUMER PROTECTION ACT OF 19981998-10-09

Mr. THOMAS

Mr. THOMAS. I thank the gentleman for yielding time. Actually, I was off doing other work; but in listening to this debate on the floor, I thought that perhaps someone ought to come to the floor who as an avocation understands something about cars, since this discussion was fairly obvious to anyone who understands anything about cars that some of the folks who were carrying on the discussion knew nothing about them. First of all, in today's passenger market if, in fact, you have a separate chassis you are almost always talking about a truck, you are not talking about a car. Cars tend to be unibody or just have a subassembly which is up front. The gentleman used an example of a 1990 BMW 325. That is probably a 325-I, which is their small car, that at 7,075 is a typical price for that car. I would tell the gentleman if that car, according to an insurance company, was totaled, if you wanted to talk about the front end, your radiator would be about $300, your subsuspension, just the lower A arm is $194. I know. I just bought one about 2 months ago for my daughter's car. You begin adding up the bumper pieces and the rest, you will have spent $3,000 to $4,000 on a relatively minor 20-mile-per-hour wreck. The description of the gentleman on the automobiles, and I will tell you, on an XJ6 1990, one of the problems with those automobiles, Jaguars, was that you would almost spend that much tuning the car up, let alone dealing with any of the mechanical problems with the car. The point is, the gentleman's examples simply do not exist in the real world where economics control what you do and what you do not do. I am sympathetic with the gentleman indicating that when a car has been totaled, people ought to be notified. We need to deal with a reasonableness notification. I believe that the current limits of $7,500 and the model year makes some sense. However, in the bill on page 10, if, in fact, the State wants to go beyond that and deal with an older model that has been salvaged, you can certainly do that. But if we are going to debate this, one of the things we ought not to do is to, with a considerable amount of time being consumed, let other people know exactly what we do not know about the subject matter that we are discussing.

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ANNOUNCEMENT OF LEGISLATION TO BE CONSIDERED UNDER SUSPENSION OF THE RULES TODAY1998-10-09

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, pursuant to House Resolution 575, I announce the following suspensions to be considered today: H.R. 4353; H.Res. 212; S. 1298; H.R. 4516; S. 191; S. 2235; and S. 2193. S. 191--A bill to throttle criminal use of guns S. 2235--A bill to amend part Q of the Omnibus Crime Control and Safe Streets Act of 1968 to encourage the use of school resource officers S. 2193--Trademark Law Treaty Implementation Act H.R. 4353--International Anti-Bribery and Fair Competition Act of 1998 H. Res. 212--recognizing suicide as a national problem S. 1298--A bill to designate a Federal building located in Florence, Alabama, as the ``Justice John McKinley Federal Building'' H.R. 4516--A bill to designate the United States Postal Service building located at 11550 Livingston Road, in Oxon Hill, Maryland, as the ``Jacob Joseph Chestnut Post Office Building''

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REMOVAL OF NAMES OF MEMBERS AS COSPONSORS OF H.R. 45671998-10-08

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that on H.R. 4567, because of clerical error, the names of gentleman from Maine (Mr. Allen), the gentleman from Minnesota (Mr. Oberstar), and the gentleman from Michigan (Mr. Stupak) be removed as cosponsors.

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WAIVING ENROLLMENT REQUIREMENTS FOR REMAINDER OF 105TH CONGRESS WITH RESPECT TO ANY BILL OR JOINT RESOLUTION MAKING GENERAL OR CONTINUING APPROPRIATIONS FOR FISCAL YEAR 19991998-10-08

Mr. THOMAS

Mr. THOMAS. Mr. Speaker, let me indicate that I will yield back the balance of my time as well.

Mr. THOMAS. Mr. Speaker, I have 28 minutes, and they have yielded back the balance of their time.

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